Full Text of HB5052 103rd General Assembly
HB5052ham002 103RD GENERAL ASSEMBLY | Rep. Sonya M. Harper Filed: 4/15/2024 | | 10300HB5052ham002 | | LRB103 37928 HLH 72138 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5052
| 2 | | AMENDMENT NO. ______. Amend House Bill 5052 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 1-13 and 20-5 and by adding Article 54 as | 6 | | follows: | 7 | | (30 ILCS 500/1-13) | 8 | | Sec. 1-13. Applicability to public institutions of higher | 9 | | education. | 10 | | (a) This Code shall apply to public institutions of higher | 11 | | education, regardless of the source of the funds with which | 12 | | contracts are paid, except as provided in this Section. | 13 | | (b) Except as provided in this Section, this Code shall | 14 | | not apply to procurements made by or on behalf of public | 15 | | institutions of higher education for any of the following: | 16 | | (1) Memberships in professional, academic, research, |
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| 1 | | or athletic organizations on behalf of a public | 2 | | institution of higher education, an employee of a public | 3 | | institution of higher education, or a student at a public | 4 | | institution of higher education. | 5 | | (2) Procurement expenditures for events or activities | 6 | | paid for exclusively by revenues generated by the event or | 7 | | activity, gifts or donations for the event or activity, | 8 | | private grants, or any combination thereof. | 9 | | (3) Procurement expenditures for events or activities | 10 | | for which the use of specific potential contractors is | 11 | | mandated or identified by the sponsor of the event or | 12 | | activity, provided that the sponsor is providing a | 13 | | majority of the funding for the event or activity. | 14 | | (4) Procurement expenditures necessary to provide | 15 | | athletic, artistic or musical services, performances, | 16 | | events, or productions by or for a public institution of | 17 | | higher education. | 18 | | (5) Procurement expenditures for periodicals, books, | 19 | | subscriptions, database licenses, and other publications | 20 | | procured for use by a university library or academic | 21 | | department, except for expenditures related to procuring | 22 | | textbooks for student use or materials for resale or | 23 | | rental. | 24 | | (6) Procurement expenditures for placement of students | 25 | | in externships, practicums, field experiences, and for | 26 | | medical residencies and rotations. |
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| 1 | | (7) Contracts for programming and broadcast license | 2 | | rights for university-operated radio and television | 3 | | stations. | 4 | | (8) Procurement expenditures necessary to perform | 5 | | sponsored research and other sponsored activities under | 6 | | grants and contracts funded by the sponsor or by sources | 7 | | other than State appropriations. | 8 | | (9) Contracts with a foreign entity for research or | 9 | | educational activities, provided that the foreign entity | 10 | | either does not maintain an office in the United States or | 11 | | is the sole source of the service or product. | 12 | | (10) Procurement expenditures for any ongoing software | 13 | | license or maintenance agreement or competitively | 14 | | solicited software purchase, when the software, license, | 15 | | or maintenance agreement is available through only the | 16 | | software creator or its manufacturer and not a reseller. | 17 | | (11) Procurement expenditures incurred outside of the | 18 | | United States for the recruitment of international | 19 | | students. | 20 | | (12) Procurement expenditures for contracts entered | 21 | | into under the Public University Energy Conservation Act. | 22 | | (13) Procurement expenditures for advertising | 23 | | purchased directly from a media station or the owner of | 24 | | the station for distribution of advertising. | 25 | | Notice of each contract with an annual value of more than | 26 | | $100,000 entered into by a public institution of higher |
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| 1 | | education that is related to the procurement of goods and | 2 | | services identified in items (1) through (13) of this | 3 | | subsection shall be published in the Procurement Bulletin | 4 | | within 14 calendar days after contract execution. The Chief | 5 | | Procurement Officer shall prescribe the form and content of | 6 | | the notice. Each public institution of higher education shall | 7 | | provide the Chief Procurement Officer, on a monthly basis, in | 8 | | the form and content prescribed by the Chief Procurement | 9 | | Officer, a report of contracts that are related to the | 10 | | procurement of goods and services identified in this | 11 | | subsection. At a minimum, this report shall include the name | 12 | | of the contractor, a description of the supply or service | 13 | | provided, the total amount of the contract, the term of the | 14 | | contract, and the exception to the Code utilized. A copy of any | 15 | | or all of these contracts shall be made available to the Chief | 16 | | Procurement Officer immediately upon request. The Chief | 17 | | Procurement Officer shall submit a report to the Governor and | 18 | | General Assembly no later than November 1 of each year that | 19 | | shall include, at a minimum, an annual summary of the monthly | 20 | | information reported to the Chief Procurement Officer. | 21 | | (b-5) Except as provided in this subsection, the | 22 | | provisions of this Code shall not apply to contracts for | 23 | | medical supplies or to contracts for medical services | 24 | | necessary for the delivery of care and treatment at medical, | 25 | | dental, or veterinary teaching facilities used by Southern | 26 | | Illinois University or the University of Illinois or at any |
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| 1 | | university-operated health care center or dispensary that | 2 | | provides care, treatment, and medications for students, | 3 | | faculty, and staff. Furthermore, the provisions of this Code | 4 | | do not apply to the procurement by such a facility of any | 5 | | additional supplies or services that the operator of the | 6 | | facility deems necessary for the effective use and functioning | 7 | | of the medical supplies or services that are otherwise exempt | 8 | | from this Code under this subsection (b-5). However, other | 9 | | supplies and services needed for these teaching facilities | 10 | | shall be subject to the jurisdiction of the Chief Procurement | 11 | | Officer for Public Institutions of Higher Education who may | 12 | | establish expedited procurement procedures and may waive or | 13 | | modify certification, contract, hearing, process and | 14 | | registration requirements required by the Code. All | 15 | | procurements made under this subsection shall be documented | 16 | | and may require publication in the Illinois Procurement | 17 | | Bulletin. | 18 | | (b-10) Procurements made by or on behalf of the University | 19 | | of Illinois for investment services may be entered into or | 20 | | renewed without being subject to the requirements of this | 21 | | Code. Notice of intent to renew a contract shall be published | 22 | | in the Illinois Public Higher Education Procurement Bulletin | 23 | | at least 14 days prior to the execution of a renewal, and the | 24 | | University of Illinois shall hold a public hearing for | 25 | | interested parties to provide public comment. Any contract | 26 | | extended, renewed, or entered pursuant to this exception shall |
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| 1 | | be published in the Illinois Public Higher Education | 2 | | Procurement Bulletin within 5 days of contract execution. | 3 | | (c) Procurements made by or on behalf of public | 4 | | institutions of higher education for the fulfillment of a | 5 | | grant shall be made in accordance with the requirements of | 6 | | this Code to the extent practical. | 7 | | Upon the written request of a public institution of higher | 8 | | education, the Chief Procurement Officer may waive contract, | 9 | | registration, certification, and hearing requirements of this | 10 | | Code if, based on the item to be procured or the terms of a | 11 | | grant, compliance is impractical. The public institution of | 12 | | higher education shall provide the Chief Procurement Officer | 13 | | with specific reasons for the waiver, including the necessity | 14 | | of contracting with a particular potential contractor, and | 15 | | shall certify that an effort was made in good faith to comply | 16 | | with the provisions of this Code. The Chief Procurement | 17 | | Officer shall provide written justification for any waivers. | 18 | | By November 1 of each year, the Chief Procurement Officer | 19 | | shall file a report with the General Assembly identifying each | 20 | | contract approved with waivers and providing the justification | 21 | | given for any waivers for each of those contracts. Notice of | 22 | | each waiver made under this subsection shall be published in | 23 | | the Procurement Bulletin within 14 calendar days after | 24 | | contract execution. The Chief Procurement Officer shall | 25 | | prescribe the form and content of the notice. | 26 | | (d) Notwithstanding this Section, a waiver of the |
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| 1 | | registration requirements of Section 20-160 does not permit a | 2 | | business entity and any affiliated entities or affiliated | 3 | | persons to make campaign contributions if otherwise prohibited | 4 | | by Section 50-37. The total amount of contracts awarded in | 5 | | accordance with this Section shall be included in determining | 6 | | the aggregate amount of contracts or pending bids of a | 7 | | business entity and any affiliated entities or affiliated | 8 | | persons. | 9 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 10 | | this Code, the Chief Procurement Officer, with the approval of | 11 | | the Executive Ethics Commission, may permit a public | 12 | | institution of higher education to accept a bid or enter into a | 13 | | contract with a business that assisted the public institution | 14 | | of higher education in determining whether there is a need for | 15 | | a contract or assisted in reviewing, drafting, or preparing | 16 | | documents related to a bid or contract, provided that the bid | 17 | | or contract is essential to research administered by the | 18 | | public institution of higher education and it is in the best | 19 | | interest of the public institution of higher education to | 20 | | accept the bid or contract. For purposes of this subsection, | 21 | | "business" includes all individuals with whom a business is | 22 | | affiliated, including, but not limited to, any officer, agent, | 23 | | employee, consultant, independent contractor, director, | 24 | | partner, manager, or shareholder of a business. The Executive | 25 | | Ethics Commission may promulgate rules and regulations for the | 26 | | implementation and administration of the provisions of this |
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| 1 | | subsection (e). | 2 | | (e-5) Procurements made by or on behalf of public | 3 | | institutions of higher education for food shall be made in | 4 | | accordance with Article 54. | 5 | | (f) As used in this Section: | 6 | | "Grant" means non-appropriated funding provided by a | 7 | | federal or private entity to support a project or program | 8 | | administered by a public institution of higher education and | 9 | | any non-appropriated funding provided to a sub-recipient of | 10 | | the grant. | 11 | | "Public institution of higher education" means Chicago | 12 | | State University, Eastern Illinois University, Governors State | 13 | | University, Illinois State University, Northeastern Illinois | 14 | | University, Northern Illinois University, Southern Illinois | 15 | | University, University of Illinois, Western Illinois | 16 | | University, and, for purposes of this Code only, the Illinois | 17 | | Mathematics and Science Academy. | 18 | | (g) (Blank). | 19 | | (h) The General Assembly finds and declares that: | 20 | | (1) Public Act 98-1076, which took effect on January | 21 | | 1, 2015, changed the repeal date set for this Section from | 22 | | December 31, 2014 to December 31, 2016. | 23 | | (2) The Statute on Statutes sets forth general rules | 24 | | on the repeal of statutes and the construction of multiple | 25 | | amendments, but Section 1 of that Act also states that | 26 | | these rules will not be observed when the result would be |
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| 1 | | "inconsistent with the manifest intent of the General | 2 | | Assembly or repugnant to the context of the statute". | 3 | | (3) This amendatory Act of the 100th General Assembly | 4 | | manifests the intention of the General Assembly to remove | 5 | | the repeal of this Section. | 6 | | (4) This Section was originally enacted to protect, | 7 | | promote, and preserve the general welfare. Any | 8 | | construction of this Section that results in the repeal of | 9 | | this Section on December 31, 2014 would be inconsistent | 10 | | with the manifest intent of the General Assembly and | 11 | | repugnant to the context of this Code. | 12 | | It is hereby declared to have been the intent of the | 13 | | General Assembly that this Section not be subject to repeal on | 14 | | December 31, 2014. | 15 | | This Section shall be deemed to have been in continuous | 16 | | effect since December 20, 2011 (the effective date of Public | 17 | | Act 97-643), and it shall continue to be in effect | 18 | | henceforward until it is otherwise lawfully repealed. All | 19 | | previously enacted amendments to this Section taking effect on | 20 | | or after December 31, 2014, are hereby validated. | 21 | | All actions taken in reliance on or pursuant to this | 22 | | Section by any public institution of higher education, person, | 23 | | or entity are hereby validated. | 24 | | In order to ensure the continuing effectiveness of this | 25 | | Section, it is set forth in full and re-enacted by this | 26 | | amendatory Act of the 100th General Assembly. This |
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| 1 | | re-enactment is intended as a continuation of this Section. It | 2 | | is not intended to supersede any amendment to this Section | 3 | | that is enacted by the 100th General Assembly. | 4 | | In this amendatory Act of the 100th General Assembly, the | 5 | | base text of the reenacted Section is set forth as amended by | 6 | | Public Act 98-1076. Striking and underscoring is used only to | 7 | | show changes being made to the base text. | 8 | | This Section applies to all procurements made on or before | 9 | | the effective date of this amendatory Act of the 100th General | 10 | | Assembly. | 11 | | (Source: P.A. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22; | 12 | | 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.) | 13 | | (30 ILCS 500/20-5) | 14 | | Sec. 20-5. Method of source selection. Unless otherwise | 15 | | authorized by law, all State contracts shall be awarded by | 16 | | competitive sealed bidding, in accordance with Section 20-10, | 17 | | except as provided in Sections 20-15, 20-20, 20-25, 20-30, | 18 | | 20-35, 30-15, and 40-20 , and 54-15 . The chief procurement | 19 | | officers appointed pursuant to Section 10-20 may determine the | 20 | | method of solicitation and contract for all procurements | 21 | | pursuant to this Code. | 22 | | (Source: P.A. 98-1076, eff. 1-1-15 .) | 23 | | (30 ILCS 500/Art. 54 heading new) | 24 | | ARTICLE 54. FOOD PROCUREMENT |
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| 1 | | (30 ILCS 500/54-5 new) | 2 | | Sec. 54-5. Applicability. All State agencies and | 3 | | State-owned facility food contracts, including public | 4 | | institutions of higher education, shall be procured in | 5 | | accordance with the provisions of this Article. | 6 | | (30 ILCS 500/54-10 new) | 7 | | Sec. 54-10. Authority. State agency purchasing officers | 8 | | and State-owned facility purchasing officers shall have the | 9 | | authority to procure food. | 10 | | (30 ILCS 500/54-15 new) | 11 | | Sec. 54-15. Method of source selection. All State agency | 12 | | and State-owned facility food contracts shall be awarded by a | 13 | | competitive sealed proposal process in accordance with Section | 14 | | 20-15 of this Code. | 15 | | Section 10. The Local Food, Farms, and Jobs Act is amended | 16 | | by changing Sections 1 and 5 and by adding Sections 12 and 35 | 17 | | as follows: | 18 | | (30 ILCS 595/1) | 19 | | Sec. 1. Short title. This Act may be cited as the "Local | 20 | | Food, Farms, and Jobs Act". This Act may be referred to as the | 21 | | Good Food Purchasing Law. |
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| 1 | | (Source: P.A. 96-579, eff. 8-18-09.) | 2 | | (30 ILCS 595/5) | 3 | | Sec. 5. Definitions. As used in this Act: | 4 | | "Good food purchasing core values" means procurement based | 5 | | on all of the following criteria: | 6 | | (1) prioritizing local suppliers, especially small or | 7 | | mid-sized farms, food manufacturers, or food businesses | 8 | | that are privately or cooperatively operated or that are | 9 | | operated as not-for-profits and that are located within | 10 | | (i) a 250-mile radius of the location where the food will | 11 | | be consumed for food other than meat, poultry, or seafood | 12 | | or (ii) a 500-mile radius of the location where the food | 13 | | will be consumed for meat, poultry, or seafood; | 14 | | (2) prioritizing suppliers who are entrepreneurs of | 15 | | color and community members who are most impacted by | 16 | | current and historic economic marginalization, barriers to | 17 | | leveraging institutional buying power, and a lack of | 18 | | infrastructure, financial resources, staff time, and land; | 19 | | (3) supporting community members, food producers, and | 20 | | food workers who have experienced negative systemic social | 21 | | or economic impacts and building partnerships with those | 22 | | community members to ensure that food products and menus | 23 | | reflect the interests and cultures of everyone they serve; | 24 | | (4) identifying pathways for purchasing from small and | 25 | | community-based suppliers for products that cannot be |
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| 1 | | grown or harvested within the mileage limitations set | 2 | | forth in item (1), such as seafood, coffee, cocoa, and | 3 | | sugar; | 4 | | (5) prioritizing suppliers that consider: (A) | 5 | | community health and universal rights to clean air and | 6 | | water; (B) reduction or elimination of synthetic | 7 | | pesticides and fertilizers; (C) improved soil health and | 8 | | carbon sequestration; (D) reduced fossil fuel energy | 9 | | inputs and protection of water resources; (E) biodiversity | 10 | | and ecological resilience; (F) food waste reduction; (vii) | 11 | | greenhouse gas emission reduction; and (G) reduction or | 12 | | elimination of single-use plastics and other | 13 | | resource-intensive packaging and reduction of the carbon | 14 | | and water footprint of food purchases; | 15 | | (6) prioritizing producers and vendors that: (A) | 16 | | comply with labor laws, including minimum wage laws, | 17 | | through contractual requirements and enforcement; (B) | 18 | | honor the right to freedom of association; (C) provide | 19 | | workers with the ability to organize a union and to | 20 | | bargain collectively, free from reprisal, for livable | 21 | | wages and safe and healthy working conditions; (D) uphold | 22 | | and implement workers' rights principles; and (E) | 23 | | implement cooperative ownership, democratic | 24 | | decision-making, and migrant, racial, and gender justice; | 25 | | (7) prioritizing sourcing from farms and ranches that | 26 | | provide healthy and more humane conditions for farm |
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| 1 | | animals throughout the lives of the animals through | 2 | | nutrition, physical environments that provide animals with | 3 | | enough space and enrichments to carry out their natural | 4 | | behaviors, pain control and responsible therapeutic | 5 | | antibiotic use, and humane handling, transport, and | 6 | | slaughter; | 7 | | (8) promoting community health, nutrition, equitable | 8 | | access, and food sovereignty by prioritizing high-quality | 9 | | and culturally-relevant whole or minimally processed | 10 | | foods, including vegetables, fruit, and whole grains, and | 11 | | plant-forward meals; preservation methods such as canning | 12 | | and bottling using oils, sugar, or salt are not permitted; | 13 | | and | 14 | | (9) in general, prioritizing products that are | 15 | | certified under certifications currently endorsed by the | 16 | | Center for Good Food Purchasing. | 17 | | "Good food purchasing equity, accountability, and | 18 | | transparency" means: | 19 | | (1) having or developing a supplier or vendor | 20 | | diversification plan with goals that include reporting and | 21 | | accountability measures; measures should be disaggregated | 22 | | by demographic group, including race and gender; | 23 | | (2) planning implementation that prioritizes purchases | 24 | | and addresses barriers to entry for suppliers who have | 25 | | experienced negative systemic social or economic impacts | 26 | | including, but not limited to, women, veterans, persons |
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| 1 | | with disabilities, and especially people of color, across | 2 | | all supply chains and to the greatest extent possible; | 3 | | (3) sharing purchasing data, assessments, purchasing | 4 | | targets, and implementation plans in a publicly accessible | 5 | | location, including online, with community members to | 6 | | facilitate engagement and transparency; | 7 | | (4) engaging with community members, including, but | 8 | | not limited to, people served by meal programs, food | 9 | | service workers, constituents, and local food businesses, | 10 | | in informing values-based purchasing decisions and | 11 | | processes; | 12 | | (5) developing and implementing comprehensive | 13 | | institutional policies that reflect community needs and | 14 | | values and prioritize transparency, racial equity, local | 15 | | economies, environmental sustainability, valued | 16 | | workforce, animal welfare, and community health and | 17 | | nutrition within their operations and food procurement; | 18 | | and | 19 | | (6) ensuring that institutional policies are embedded | 20 | | in agreements for contracted food services and that | 21 | | mechanisms are developed to ensure compliance and | 22 | | accountability through reporting and active contract | 23 | | management. | 24 | | "Minimally processed foods" means foods that are unaltered | 25 | | or slightly altered from the food's natural state through such | 26 | | processes as removal of inedible or unwanted parts, drying, |
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| 1 | | powdering, squeezing, crushing, grinding, fractioning, | 2 | | steaming, poaching, boiling, roasting, pasteurization, | 3 | | chilling, freezing, placing in containers, vacuum packaging, | 4 | | nonalcoholic fermentation, and other methods that do not add | 5 | | to the original food, salt, sugar oils or fats, or food | 6 | | substances, other than additives that prolong product | 7 | | duration, protect original properties, or prevent | 8 | | proliferation of microorganisms. "Minimally processed foods" | 9 | | include, but are not limited to, whole grains or flours; fresh | 10 | | or frozen fruits and vegetables; meat, poultry, fish, and | 11 | | seafood, whole or in the form of steaks, fillets, and other | 12 | | cuts; fresh or pasteurized milk, eggs, fresh or pasteurized | 13 | | plain yogurt, legumes, and nuts and seeds. "Minimally | 14 | | processed foods" also includes foods made of 2 or more items in | 15 | | this group, such as dried mixed fruits, and foods with | 16 | | vitamins and minerals generally added to replace nutrients | 17 | | lost during minimal processing, such as flour fortified with | 18 | | iron and folic acid. | 19 | | "Local farm or food products" are products: (1) grown in | 20 | | Illinois; or (2) processed and packaged in Illinois, using at | 21 | | least one ingredient grown in Illinois. | 22 | | (Source: P.A. 101-258, eff. 1-1-20 .) | 23 | | (30 ILCS 595/12 new) | 24 | | Sec. 12. Good food purchasing. | 25 | | (a) No later than one year after the effective date of this |
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| 1 | | amendatory Act of the 103rd General Assembly, each State | 2 | | agency and State-owned facility that purchases food, | 3 | | including, without limitation, facilities for persons with | 4 | | mental health and developmental disabilities, correctional | 5 | | facilities, and public institutions of higher education, | 6 | | including community colleges, shall have a timely plan for | 7 | | undergoing a good food purchasing baseline assessment, | 8 | | conducted by a national organization equipped to conduct such | 9 | | an assessment, to determine current alignment with good food | 10 | | purchasing core values and good food purchasing equity, | 11 | | transparency, and accountability and to ascertain how to | 12 | | better meet the good food purchasing core values and good food | 13 | | purchasing equity, transparency, and accountability. | 14 | | (b) No later than one year after completion of the | 15 | | baseline assessment under subsection (a), each State agency | 16 | | and State-owned facility shall develop and adopt a multi-year | 17 | | action plan with benchmarks to align food purchasing processes | 18 | | with good food purchasing equity, transparency, and | 19 | | accountability and food purchases with good food purchasing | 20 | | core values. | 21 | | (c) Upon adoption of the multi-year action plan required | 22 | | under subsection (b) of this Section, each State agency and | 23 | | State-owned facility shall procure food under Section 20-15 of | 24 | | the Illinois Procurement Code. | 25 | | (d) The year after completing the multi-year action plan | 26 | | and each year thereafter, each State agency and State-owned |
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| 1 | | facility shall undergo a good food purchasing assessment and | 2 | | update its multi-year action plan to annually increase the | 3 | | procurement of food that meets the good food purchasing core | 4 | | values and good food purchasing equity, transparency, and | 5 | | accountability. | 6 | | (e) To meet the goals set forth in this Section, when a | 7 | | State contract for purchase of food is to be awarded to the | 8 | | lowest responsible bidder or proposer, an otherwise qualified | 9 | | bidder or proposer who will fulfill the contract through the | 10 | | use of food that aligns with Good Food Purchasing core values | 11 | | may be given preference over other bidders or proposers. | 12 | | (f) To facilitate reporting required under this Section, | 13 | | all State agencies and State-owned facilities that purchase | 14 | | food shall include in all invitations for bids, requests for | 15 | | proposals, and contracts a requirement for vendor | 16 | | data-sharing, including, but not limited to, product types, | 17 | | quantities, sizes, prices, origin, processors, and | 18 | | distributors. | 19 | | (g) On each January 1 following adoption of a multi-year | 20 | | action plan, each State agency and State-owned facility that | 21 | | purchases food shall publish in its procurement bulletin and | 22 | | on its website notice of its purchases of food in the | 23 | | immediately preceding fiscal year, its good food purchasing | 24 | | baseline and annual assessments, and its multi-year action | 25 | | plan. | 26 | | (h) Under the procedures laid out in under subsection (h) |
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| 1 | | of Section 5-5 of the Illinois Procurement Code, the | 2 | | Procurement Policy Board may review a proposal, bid, or | 3 | | contract and issue a recommendation to void a contract or | 4 | | reject a proposal or bid based on a vendor, proposer or | 5 | | bidder's current violation or history of violation of federal, | 6 | | State, or local law, including, but not limited to, federal | 7 | | labor laws under Title 29 of the United States Code and the | 8 | | Minimum Wage Law. | 9 | | (30 ILCS 595/35 new) | 10 | | Sec. 35. Good Food Purchasing Task Force. | 11 | | (a) The Good Food Purchasing Task Force created by House | 12 | | Joint Resolution 33 adopted in the 102nd General Assembly is | 13 | | reestablished and shall continue with its study of current | 14 | | procurement of food within the State and to explore how good | 15 | | food purchasing can be implemented to maximize the procurement | 16 | | of healthy foods that are sustainably, locally, and equitably | 17 | | sourced. | 18 | | (b) Any action taken in reliance on House Joint Resolution | 19 | | 33 of the 102nd General Assembly after January 1, 2023 by any | 20 | | person or entity is hereby validated. | 21 | | (c) The Task Force shall consist of the following members, | 22 | | who shall serve without compensation: | 23 | | (1) the Lieutenant Governor or his or her designee; | 24 | | (2) the Speaker of the House of Representatives or his | 25 | | or her designee; |
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| 1 | | (3) the Minority Leader of the House of | 2 | | Representatives or his or her designee; | 3 | | (4) the Senate President or his or her designee; | 4 | | (5) the Senate Minority Leader or his or her designee; | 5 | | (6) one member nominated by a statewide local food | 6 | | advocacy organization and appointed by the Lieutenant | 7 | | Governor; | 8 | | (7) one member nominated by a national multi-sector | 9 | | food advocacy organization and appointed by the Lieutenant | 10 | | Governor; | 11 | | (8) one member nominated by a Chicago-based food | 12 | | advocacy organization and appointed by the Lieutenant | 13 | | Governor; | 14 | | (9) one member nominated by a statewide environmental | 15 | | advocacy organization and appointed by the Lieutenant | 16 | | Governor; | 17 | | (10) one member nominated by a statewide labor | 18 | | organization that represents food workers and appointed by | 19 | | the Lieutenant Governor; | 20 | | (11) one member nominated by a national farm-animal | 21 | | welfare organization and appointed by the Lieutenant | 22 | | Governor; | 23 | | (12) the Director of Commerce and Economic Opportunity | 24 | | or his or her designee; | 25 | | (13) the Director of the Environmental Protection | 26 | | Agency or his or her designee; |
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| 1 | | (14) the Director of Public Health or his or her | 2 | | designee; | 3 | | (15) the Director of Natural Resources or his or her | 4 | | designee; | 5 | | (16) the Chief Procurement Officer for General | 6 | | Services or his or her designee; | 7 | | (17) the Chief Procurement Officer for Higher | 8 | | Education or his or her designee; | 9 | | (18) the Chief Procurement Officer for the Secretary | 10 | | of State's Office or his or her designee; | 11 | | (19) the Chief Procurement Officer for the Department | 12 | | of Corrections or his or her designee; | 13 | | (20) the Chief Procurement Officer for the Department | 14 | | of Human Services or his or her designee; | 15 | | (21) the Chief Procurement Officer for Central | 16 | | Management Services or his or her designee; | 17 | | (22) the Director of the Department of Agriculture or | 18 | | his or her designee; and | 19 | | (23) one member nominated by a statewide organization | 20 | | that advocates for healthy nutrition and appointed by | 21 | | Lieutenant Governor. | 22 | | Members of the Task Force shall serve without | 23 | | compensation. The Task Force members shall select a | 24 | | chairperson at the first meeting of the Task Force. Any member | 25 | | appointed under House Joint Resolution 33 of the 102nd General | 26 | | Assembly who was a member of the Task Force at the end of the |
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| 1 | | 102nd General Assembly shall continue to serve on the Task | 2 | | Force until the appointed member resigns or is otherwise | 3 | | removed from the Task Force. | 4 | | (d) The Department of Agriculture shall provide | 5 | | administrative support for the Task Force. | 6 | | (e) The task force shall submit its interim report to the | 7 | | Governor and General Assembly no later than July 1, 2025 and | 8 | | its final report to the Governor and General Assembly no later | 9 | | than July 1, 2026. Following submission of the final report, | 10 | | the Task Force shall continue to meet to monitor and support | 11 | | implementation of this Act. | 12 | | (30 ILCS 595/10 rep.) | 13 | | Section 15. The Local Food, Farms, and Jobs Act is amended | 14 | | by repealing Section 10. | 15 | | Section 20. The Food Handling Regulation Enforcement Act | 16 | | is amended by changing Section 4 as follows: | 17 | | (410 ILCS 625/4) | 18 | | Sec. 4. Cottage food operation. | 19 | | (a) For the purpose of this Section: | 20 | | A food is "acidified" if: (i) acid or acid ingredients are | 21 | | added to it to produce a final equilibrium pH of 4.6 or below; | 22 | | or (ii) it is fermented to produce a final equilibrium pH of | 23 | | 4.6 or below. |
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| 1 | | "Canned food" means food that has been heat processed | 2 | | sufficiently under United States Department of Agriculture | 3 | | guidelines to enable storing the food at normal home | 4 | | temperatures. | 5 | | "Cottage food operation" means an operation conducted by a | 6 | | person who produces or packages food or drink, other than | 7 | | foods and drinks listed as prohibited in paragraph (1.5) of | 8 | | subsection (b) of this Section, in a kitchen located in that | 9 | | person's primary domestic residence or another appropriately | 10 | | designed and equipped kitchen on a farm for direct sale by the | 11 | | owner, a family member, or employee. | 12 | | "Cut leafy greens" means fresh leafy greens whose leaves | 13 | | have been cut, shredded, sliced, chopped, or torn. "Cut leafy | 14 | | greens" does not mean cut-to-harvest leafy greens. | 15 | | "Department" means the Department of Public Health. | 16 | | "Equilibrium pH" means the final potential of hydrogen | 17 | | measured in an acidified food after all the components of the | 18 | | food have achieved the same acidity. | 19 | | "Farmers' market" means a common facility or area where | 20 | | farmers gather to sell a variety of fresh fruits and | 21 | | vegetables and other locally produced farm and food products | 22 | | directly to consumers. | 23 | | "Leafy greens" includes iceberg lettuce; romaine lettuce; | 24 | | leaf lettuce; butter lettuce; baby leaf lettuce, such as | 25 | | immature lettuce or leafy greens; escarole; endive; spring | 26 | | mix; spinach; cabbage; kale; arugula; and chard. "Leafy |
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| 1 | | greens" does not include microgreens or herbs such as cilantro | 2 | | or parsley. | 3 | | "Local health department" means a State-certified health | 4 | | department of a unit of local government in which a cottage | 5 | | food operation is located. | 6 | | "Local public health department association" means an | 7 | | association solely representing 2 or more State-certified | 8 | | local health departments. | 9 | | "Low-acid canned food" means any canned food with a | 10 | | finished equilibrium pH greater than 4.6 and a water activity | 11 | | (aw) greater than 0.85. | 12 | | "Microgreen" means an edible plant seedling grown in soil | 13 | | or substrate and harvested above the soil or substrate line. | 14 | | "Potentially hazardous food" means a food that is | 15 | | potentially hazardous according to the Department's | 16 | | administrative rules. Potentially hazardous food (PHF) in | 17 | | general means a food that requires time and temperature | 18 | | control for safety (TCS) to limit pathogenic microorganism | 19 | | growth or toxin formation. | 20 | | "Sprout" means any seedling intended for human consumption | 21 | | that was produced in a manner that does not meet the definition | 22 | | of microgreen. | 23 | | (b) A cottage food operation may produce homemade food and | 24 | | drink provided that all of the following conditions are met: | 25 | | (1) (Blank). | 26 | | (1.3) A cottage food operation must register with the |
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| 1 | | local health department for the unit of local government | 2 | | in which it is located, but may sell products outside of | 3 | | the unit of local government where the cottage food | 4 | | operation is located. A copy of the certificate of | 5 | | registration must be available upon request by any local | 6 | | health department. | 7 | | (1.5) A cottage food operation shall not sell or offer | 8 | | to sell the following food items or processed foods | 9 | | containing the following food items, except as indicated: | 10 | | (A) meat, poultry, fish, seafood, or shellfish; | 11 | | (B) dairy, except as an ingredient in a | 12 | | non-potentially hazardous baked good or candy, such as | 13 | | caramel, subject to paragraph (4), or as an ingredient | 14 | | in a baked good frosting, such as buttercream; | 15 | | (C) eggs, except as an ingredient in a | 16 | | non-potentially hazardous food, including dry noodles, | 17 | | or as an ingredient in a baked good frosting, such as | 18 | | buttercream, if the eggs are not raw; | 19 | | (D) pumpkin pies, sweet potato pies, cheesecakes, | 20 | | custard pies, creme pies, and pastries with | 21 | | potentially hazardous fillings or toppings; | 22 | | (E) garlic in oil or oil infused with garlic, | 23 | | except if the garlic oil is acidified; | 24 | | (F) low-acid canned foods; | 25 | | (G) sprouts; | 26 | | (H) cut leafy greens, except for cut leafy greens |
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| 1 | | that are dehydrated, acidified, or blanched and | 2 | | frozen; | 3 | | (I) cut or pureed fresh tomato or melon; | 4 | | (J) dehydrated tomato or melon; | 5 | | (K) frozen cut melon; | 6 | | (L) wild-harvested, non-cultivated mushrooms; | 7 | | (M) alcoholic beverages; or | 8 | | (N) kombucha. | 9 | | (1.6) In order to sell canned tomatoes or a canned | 10 | | product containing tomatoes, a cottage food operator shall | 11 | | either: | 12 | | (A) follow exactly a recipe that has been tested | 13 | | by the United States Department of Agriculture or by a | 14 | | state cooperative extension located in this State or | 15 | | any other state in the United States; or | 16 | | (B) submit the recipe, at the cottage food | 17 | | operator's expense, to a commercial laboratory | 18 | | according to the commercial laboratory's directions to | 19 | | test that the product has been adequately acidified; | 20 | | use only the varietal or proportionate varietals of | 21 | | tomato included in the tested recipe for all | 22 | | subsequent batches of such recipe; and provide | 23 | | documentation of the annual test results of the recipe | 24 | | submitted under this subparagraph upon registration | 25 | | and to an inspector upon request during any inspection | 26 | | authorized by subsection (d). |
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| 1 | | (2) In order to sell a fermented or acidified food, a | 2 | | cottage food operation shall either: | 3 | | (A) submit a recipe that has been tested by the | 4 | | United States Department of Agriculture or a | 5 | | cooperative extension system located in this State or | 6 | | any other state in the United States; or | 7 | | (B) submit a written food safety plan for each | 8 | | category of products for which the cottage food | 9 | | operator uses the same procedures, such as pickles, | 10 | | kimchi, or hot sauce, and a pH test for a single | 11 | | product that is representative of that category; the | 12 | | written food safety plan shall be submitted annually | 13 | | upon registration and each pH test shall be submitted | 14 | | every 3 years; the food safety plan shall adhere to | 15 | | guidelines developed by the Department. | 16 | | (3) A fermented or acidified food shall be packaged | 17 | | according to one of the following standards: | 18 | | (A) A fermented or acidified food that is canned | 19 | | must be processed in a boiling water bath in a | 20 | | Mason-style jar or glass container with a | 21 | | tight-fitting lid. | 22 | | (B) A fermented or acidified food that is not | 23 | | canned shall be sold in any container that is new, | 24 | | clean, and seals properly and must be stored, | 25 | | transported, and sold at or below 41 degrees. | 26 | | (4) In order to sell a baked good with cheese, a local |
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| 1 | | health department may require a cottage food operation to | 2 | | submit a recipe, at the cottage food operator's expense, | 3 | | to a commercial laboratory to verify that it is | 4 | | non-potentially hazardous before allowing the cottage food | 5 | | operation to sell the baked good as a cottage food. | 6 | | (5) For a cottage food operation that does not utilize | 7 | | a municipal water supply, such as an operation using a | 8 | | private well, a local health department may require a | 9 | | water sample test to verify that the water source being | 10 | | used meets public safety standards related to E. coli | 11 | | coliform. If a test is requested, it must be conducted at | 12 | | the cottage food operator's expense. | 13 | | (6) A person preparing or packaging a product as part | 14 | | of a cottage food operation must be a Department-approved | 15 | | certified food protection manager. | 16 | | (7) Food packaging must conform with the labeling | 17 | | requirements of the Illinois Food, Drug and Cosmetic Act. | 18 | | A cottage food product shall be prepackaged and the food | 19 | | packaging shall be affixed with a prominent label that | 20 | | includes the following: | 21 | | (A) the name of the cottage food operation and | 22 | | unit of local government in which the cottage food | 23 | | operation is located; | 24 | | (B) the identifying registration number provided | 25 | | by the local health department on the certificate of | 26 | | registration and the name of the municipality or |
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| 1 | | county in which the registration was filed; | 2 | | (C) the common or usual name of the food product; | 3 | | (D) all ingredients of the food product, including | 4 | | any color, artificial flavor, and preservative, listed | 5 | | in descending order by predominance of weight shown | 6 | | with the common or usual names; | 7 | | (E) the following phrase in prominent lettering: | 8 | | "This product was produced in a home kitchen not | 9 | | inspected by a health department that may also process | 10 | | common food allergens. If you have safety concerns, | 11 | | contact your local health department."; | 12 | | (F) the date the product was processed; and | 13 | | (G) allergen labeling as specified under federal | 14 | | labeling requirements. | 15 | | (8) Food packaging may include the designation | 16 | | "Illinois-grown", "Illinois-sourced", or "Illinois farm | 17 | | product" if the packaged product is (1) grown in Illinois; | 18 | | or (2) processed and packaged in Illinois, using at least | 19 | | one ingredient grown in Illinois a local farm or food | 20 | | product as that term is defined in Section 5 of the Local | 21 | | Food, Farms, and Jobs Act . | 22 | | (9) In the case of a product that is difficult to | 23 | | properly label or package, or for other reasons, the local | 24 | | health department of the location where the product is | 25 | | sold may grant permission to sell products that are not | 26 | | prepackaged, in which case other prominent written notice |
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| 1 | | shall be provided to the purchaser. | 2 | | (10) At the point of sale, notice must be provided in a | 3 | | prominent location that states the following: "This | 4 | | product was produced in a home kitchen not inspected by a | 5 | | health department that may also process common food | 6 | | allergens." At a physical display, notice shall be a | 7 | | placard. Online, notice shall be a message on the cottage | 8 | | food operation's online sales interface at the point of | 9 | | sale. | 10 | | (11) Food and drink produced by a cottage food | 11 | | operation shall be sold directly to consumers for their | 12 | | own consumption and not for resale. Sales directly to | 13 | | consumers include, but are not limited to, sales at or | 14 | | through: | 15 | | (A) farmers' markets; | 16 | | (B) fairs, festivals, public events, or online; | 17 | | (C) pickup from the private home or farm of the | 18 | | cottage food operator, if the pickup is not prohibited | 19 | | by any law of the unit of local government that applies | 20 | | equally to all cottage food operations; in a | 21 | | municipality with a population of 1,000,000 or more, a | 22 | | cottage food operator shall comply with any law of the | 23 | | municipality that applies equally to all home-based | 24 | | businesses; | 25 | | (D) delivery to the customer; and | 26 | | (E) pickup from a third-party private property |
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| 1 | | with the consent of the third-party property holder. | 2 | | (12) Only food that is non-potentially hazardous may | 3 | | be shipped. A cottage food product shall not be shipped | 4 | | out of State. Each cottage food product that is shipped | 5 | | must be sealed in a manner that reveals tampering, | 6 | | including, but not limited to, a sticker or pop top. | 7 | | (c) A local health department shall register any eligible | 8 | | cottage food operation that meets the requirements of this | 9 | | Section and shall issue a certificate of registration with an | 10 | | identifying registration number to each registered cottage | 11 | | food operation. A local health department may establish a | 12 | | self-certification program for cottage food operators to | 13 | | affirm compliance with applicable laws, rules, and | 14 | | regulations. Registration shall be completed annually and the | 15 | | local health department may impose a fee not to exceed $50. | 16 | | (d) In the event of a consumer complaint or foodborne | 17 | | illness outbreak, upon notice from a different local health | 18 | | department, or if the Department or a local health department | 19 | | has reason to believe that an imminent health hazard exists or | 20 | | that a cottage food operation's product has been found to be | 21 | | misbranded, adulterated, or not in compliance with the | 22 | | conditions for cottage food operations set forth in this | 23 | | Section, the Department or the local health department may: | 24 | | (1) inspect the premises of the cottage food operation | 25 | | in question; | 26 | | (2) set a reasonable fee for the inspection; and |
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| 1 | | (3) invoke penalties and the cessation of the sale of | 2 | | cottage food products until it deems that the situation | 3 | | has been addressed to the satisfaction of the Department | 4 | | or local health department; if the situation is not | 5 | | amenable to being addressed, the local health department | 6 | | may revoke the cottage food operation's registration | 7 | | following a process outlined by the local health | 8 | | department. | 9 | | (e) A local health department that receives a consumer | 10 | | complaint or a report of foodborne illness related to a | 11 | | cottage food operator in another jurisdiction shall refer the | 12 | | complaint or report to the local health department where the | 13 | | cottage food operator is registered. | 14 | | (f) By January 1, 2022, the Department, in collaboration | 15 | | with local public health department associations and other | 16 | | stakeholder groups, shall write and issue administrative | 17 | | guidance to local health departments on the following: | 18 | | (1) development of a standard registration form, | 19 | | including, if applicable, a written food safety plan; | 20 | | (2) development of a Home-Certification Self Checklist | 21 | | Form; | 22 | | (3) development of a standard inspection form and | 23 | | inspection procedures; and | 24 | | (4) procedures for cottage food operation workspaces | 25 | | that include, but are not limited to, cleaning products, | 26 | | general sanitation, and requirements for functional |
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| 1 | | equipment. | 2 | | (g) A person who produces or packages a non-potentially | 3 | | hazardous baked good for sale by a religious, charitable, or | 4 | | nonprofit organization for fundraising purposes is exempt from | 5 | | the requirements of this Section. | 6 | | (h) A home rule unit may not regulate cottage food | 7 | | operations in a manner inconsistent with the regulation by the | 8 | | State of cottage food operations under this Section. This | 9 | | Section is a limitation under subsection (i) of Section 6 of | 10 | | Article VII of the Illinois Constitution on the concurrent | 11 | | exercise by home rule units of powers and functions exercised | 12 | | by the State. | 13 | | (i) The Department may adopt rules as may be necessary to | 14 | | implement the provisions of this Section. | 15 | | (Source: P.A. 101-81, eff. 7-12-19; 102-633, eff. 1-1-22 .)". |
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