Public Act 096-0579
 		





HB3990 Enrolled
LRB096 11767 JDS 22546 b






    AN ACT concerning local farm and food products. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 





 
    Section 1. Short title. This Act may be cited as the "Local 
Food, Farms, and Jobs Act".
 
    Section 5. Definitions. 
    "Local farm or food products" are products grown, 
processed, packaged, and distributed by Illinois citizens or 
businesses located wholly within the borders of Illinois.
 
    Section 10. Procurement goals for local farm or food 
products. 
    (a) In order to create, strengthen, and expand local farm 
and food economies throughout Illinois, it shall be the goal of 
this State that 20% of all food and food products purchased by 
State agencies and State-owned facilities, including, without 
limitation, facilities for persons with mental health and 
developmental disabilities, correctional facilities, and 
public universities, shall, by 2020, be local farm or food 
products.

    (b) The Local Food, Farms, and Jobs Council established 
under this Act shall support and encourage that 10% of food and 
food products purchased by entities funded in part or in whole 
by State dollars, which spend more than $25,000 per year on 
food or food products for its students, residents, or clients, 
including, without limitation, public schools, child care 
facilities, after-school programs, and hospitals, shall, by 
2020, be local farm or food products.

    (c) To meet the goals set forth in this Section, when a 
State contract for purchase of food or food products is to be 
awarded to the lowest responsible bidder, an otherwise 
qualified bidder who will fulfill the contract through the use 
of local farm or food products may be given preference over 
other bidders, provided that the cost included in the bid of 
local farm or food products is not more than 10% greater than 
the cost included in a bid that is not for local farm or food 
products.

    (d) All State agencies and State-owned facilities that 
purchase food and food products shall, with the assistance of 
the Local Food, Farms, and Jobs Council, develop a system for 
(i) identifying the percentage of local farm or food products 
purchased for fiscal year 2011 as the baseline; and (ii) 
tracking and reporting local farm or food products purchases on 
an annual basis.

 
    Section 15. Creation of the Local Food, Farms, and Jobs 
Council. 
    (a) The General Assembly authorizes the Department of 
Agriculture, in accordance with Section 10 of the State Agency 
Entity Creation Act, to create the Local Food, Farms, and Jobs 
Council.


    (b) The purpose of the Local Food, Farms, and Jobs Council 
shall be to facilitate the growth of an Illinois-based local 
farm and food product economy that revitalizes rural and urban 
communities, promotes healthy eating with access to fresh 
foods, creates jobs, ensures a readily available supply of safe 
food in an emergency event, and supports economic growth 
through making local farm or food products available to all 
Illinois citizens.
 
    Section 20. Responsibilities of the Local Food, Farms, and 
Jobs Council. The responsibilities of the Local Food, Farms, 
and Jobs Council include, but are not limited to, the 
following:
    (a) To assist State agencies, State-owned facilities, and 
other entities with the purchase of local farm or food products 
and with tracking and reporting of such purchases in order to 
meet the goals established in Section 10 of this Act.

    (b) To assist local farm and food entrepreneurs to identify 
and secure necessary resources and equipment to begin, 
maintain, and expand projects and networks necessary for the 
development of local farm or food products; provided, however, 
that it is the intent of this Act that the Local Food, Farms, 
and Jobs Council will facilitate program start-ups and then 
relinquish rights, benefits, and control within a reasonably 
short duration of time.

    (c) To facilitate the building of infrastructure, 
including aggregation, processing, storage, packaging, and 
distribution facilities necessary to move local farm or food 
products to local and other markets.

    (d) To support and expand programs that recruit, train, and 
provide technical assistance to Illinois farmers and residents 
in order to encourage the production of local farm or food 
products.

    (e) To coordinate interagency policies, initiatives, and 
procedures promoting local farm and food products in Illinois 
communities, by working with and involving State, federal, and 
local agencies, as well as community based organizations, 
educational institutions, and trade organizations in executing 
the purposes of this Act.

    (f) To facilitate the elimination of legal barriers 
hindering the development of a local farm and  food economy by 
working with federal, State, and local public health agencies, 
other agencies and applicable entities, and the Illinois 
Attorney General  to create consistent and compatible 
regulations for the production, storage, distribution, and 
marketing of local farm or food products.

    (g) To facilitate the use of public lands for growing local 
farm or food products by working with governmental entities at 
the local, State, and federal levels.

    (h) To set annual goals for all purchases of local farm or 
food products by Illinois residents and to monitor the 
development and expansion of a local farm and food economy 
through data collection, tracking, measurement, analysis, and 
reporting on progress made in an annual report to the Illinois 
General Assembly.

    (i) To develop, in collaboration with the Department of 
Agriculture, a label and certification program different than 
the "Illinois Product" label program, whereby a label with a 
specific name and unique design or logo may be placed on local 
farm and food products.
    (j) To initiate and facilitate public awareness campaigns 
about the economic benefits of a local farm and food economy.

 
    Section 25. Governance of the Local Food, Farms, and Jobs 
Council. 
    (a) The Local Food, Farms, and Jobs Council shall be 
governed by a 35-member board of directors,  which shall be 
comprised of the following:

        (1) one representative each from the Department of 
    Agriculture; the Department of Commerce and Economic 
    Opportunity; the Department of Public Health; the 
    Department of Human Services, Office of Health and 
    Prevention; the Department of Human Services, Office of 
    Security and Emergency Preparedness;

        (2) the Director of the Lieutenant Governor's Rural 
    Affairs Council;

        (3) one agricultural specialist from the University of 
    Illinois Extension;

        (4) four local farm or food product farmers 
    representing different agribusiness sectors, including, 
    but not limited to, the dairy, meat, vegetable, and grain 
    sectors;

        (5) four local farm or food product producers 
    representing different flower, fruit, viticulture, 
    aquaculture, forestry, seeds, fiber, vegetable, 
    ornamental, or other specialty crop sectors;

        (6) two local farm or food product processors;

        (7) two local farm or food product distributors;

        (8) three representatives of not-for-profit 
    educational organizations that specialize in supporting 
    and expanding local farm or food product networks;

        (9) one certifier of specialty local farm or food 
    products, such as an organic, naturally grown, biodynamic, 
    Halal, or Kosher certifier;

        (10) one local farm or food product consumer 
    representative;

        (11) two representatives of farm organizations;

        (12) one  representative from a philanthropic 
    organization supporting the development of local farm or 
    food products;

        (13) one local farm or food product retailer;

        (14) two municipal representatives from different 
    communities in the State actively engaged in the 
    development of local farm or food products;

        (15) four representatives from community-based 
    organizations focusing on access to local farm or food 
    products, including at least 3 minority members; and

        (16) one chef specializing in the preparation of 
    locally grown foods.

    (b) The 29 non-state governmental board members shall be 
appointed by the Governor to 3-year staggered terms as 
determined by the Governor.  Persons may be nominated by 
organizations representing the sectors outlined in subsection 
(a) of this Section.  Vacancies shall be filled by the Governor.

    (c) The Local Food, Farms, and Jobs Council may apply for 
and establish a not for profit corporation under the General 
Not For Profit Corporation Act of 1986.
    (d) The board of directors shall have all the rights, 
titles, powers, privileges, and obligations provided for in the 
General Not For Profit Corporation Act of 1986.  It shall elect 
its presiding officers from among its members and may elect or 
appoint an executive committee, other committees, and 
subcommittees to conduct the business of the organization.

    (e) The Local Food, Farms, and Jobs Council may solicit 
grants, loans, and contributions from public or private sources 
and may enter into any contracts, grants, loans, or agreements 
with respect to the use of such funds to execute the purposes 
of this Act.  No debt or obligation of the Local Food, Farms, 
and Jobs Council shall become the debt or obligation of the 
State.
    (f) The Local Food, Farms, and Jobs Council shall not be 
considered a State Agency, and its funds shall be considered 
private funds and held in an appropriate account outside of the 
State Treasury.  Private funds collected by the Local Food, 
Farms, and Jobs Council are not subject to the Public Funds 
Investment Act.  Local Food, Farms, and Jobs Council procurement 
is exempt from the Illinois Procurement Code.  The treasurer of  
Local Food, Farms, and Jobs Council funds shall be custodian of 
all Local Food, Farms, and Jobs Council funds.  The Local Food, 
Farms, and Jobs Council and its officers shall be responsible 
for the approval of recording of receipts, approval of 
payments, and the proper filing of required reports.  The Local 
Food, Farms, and Jobs Council's records shall be audited 
annually by an independent auditor who is a certified public 
accountant and has been selected by the Board.  An annual report 
shall also be compiled by the Board.  Both the annual report and 
the annual audit shall be filed with any public agency 
providing funds to the Local Food, Farms, and Jobs Council and 
be made available to the public.
    (g) Subject to the availability of public or private funds, 
the board of directors may employ an executive director, 
treasurer, other staff, or independent contractors necessary 
to execute the purposes of this Act, and it may fix the 
compensation, benefits, terms, and conditions of those 
persons' employment.
    (h) The State Governmental agencies represented on the 
board of directors may re-direct existing staff, as 
appropriations permit; assist in executing the purposes of this 
Act; and provide office space, meeting space, and other 
research and communication services as appropriate.
    (i) The Local Food, Farms, and Jobs Council may be assisted 
in carrying out its functions by personnel of the Department of 
Agriculture.  The Department shall provide reasonable 
assistance to the Local Food, Farms, and Jobs Council to help 
it achieve its purposes.

 
    Section 80. The Department of Agriculture Law of the Civil 
Administrative
Code of Illinois is amended  by changing Section 
205-45 and adding Section 205-46 as follows:
 



    (20 ILCS 205/205-45)  (was 20 ILCS 205/40.36)


    Sec. 205-45. "Illinois Product" label program. The 
Department has the
power  to administer the "Illinois Product" 
label
program, whereby a label with the
words "Illinois 
Product" on it may be placed on food
and agribusiness 
commodities produced, processed,
or packaged in Illinois. The 
definition of "Illinois Product" does not imply that the 
product meets the definition of "local farm or food products" 
as defined in the Local Food, Farms, and Jobs Act. 

(Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97; 
91-239, eff.
1-1-00.)

 
    (20 ILCS 205/205-46 new)

    Sec. 205-46. Local Food, Farms, and Jobs Act labeling and 
certification program. The Department may administer a label 
and certification program, different than the "Illinois 
Product" label program, whereby a label with a specific name 
and unique design or logo may be placed on local farm and food 
products that are grown, processed, packaged, and distributed 
by Illinois citizens or businesses located wholly within the 
borders of Illinois. The label and certification program will 
be developed jointly with the Local Food, Farms, and Jobs 
Council.  The Department shall adopt rules necessary to 
implement this Section.


 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.