Public Act 099-0009
 
HB0132 EnrolledLRB099 03921 JLK 23937 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Food Handling Regulation Enforcement Act is 
amended  by changing Section 3.3 as follows:
 
    (410 ILCS 625/3.3)
    Sec. 3.3. Farmers' markets. 
    (a) The General Assembly finds as follows:
        (1) Farmers' markets, as defined  in subsection (b) of 
    this Section,  provide not only a valuable marketplace for 
    farmers and food artisans to sell their products directly 
    to consumers, but also a place for consumers to access 
    fresh fruits, vegetables, and other agricultural products.
        (2) Farmers' markets serve as a stimulator for local 
    economies and for thousands of new businesses every year, 
    allowing farmers to sell directly to consumers and capture 
    the full retail value of their products. They have become 
    important community institutions and have figured in the 
    revitalization of downtown districts and rural 
    communities.
        (3) Since 1999, the number of farmers' markets has 
    tripled and new ones are being established every year.   
    There is a lack of consistent regulation from one county to 
    the next, resulting in confusion and discrepancies between 
    counties regarding how products may be sold.
        (4) In 1999, the Department of Public Health  published 
    Technical Information Bulletin/Food #30 in order to 
    outline the food handling and sanitation guidelines 
    required for farmers' markets, producer markets, and other 
    outdoor food sales events.
        (5) While this bulletin was revised in 2010,  there 
    continues to be inconsistencies, confusion, and lack of 
    awareness by consumers, farmers, markets, and local health 
    authorities of required guidelines affecting farmers' 
    markets from county to county.
    (b) For the purposes of this Section:
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Farmers' market" means a common facility or area  where the 
primary purpose is for farmers to gather to sell a variety of 
fresh  fruits and vegetables and other locally produced farm and 
food products  directly to consumers.
    (c) In order to facilitate the orderly and uniform 
statewide implementation of the standards established in the 
Department of Public Health's administrative rules for this 
Section Act,  the Farmers' Market Task Force shall be formed by 
the Director to assist the Department in implementing statewide 
administrative regulations for farmers' markets.
    (d)

This Section Act does not intend and shall not be 
construed to limit the power of counties, municipalities, and 
other local government units to regulate farmers' markets for 
the protection of the public health, safety, morals, and 
welfare, including, but not limited to, licensing requirements 
and time, place, and manner restrictions.  This Section Act 
provides for a statewide scheme for the orderly and consistent 
interpretation of the Department of Public Health 
administrative rules pertaining to the safety of food and food 
products sold at farmers' markets.
    (e) The Farmers' Market Task Force shall consist of at 
least 24 members appointed within
60 days after the effective 
date of this Section.  Task Force members shall consist of:
        (1) one person appointed by the President of the 
    Senate;
        (2) one person appointed by the Minority Leader of the 
    Senate;
        (3) one person appointed by  the Speaker of the House of 
    Representatives;
        (4) one person appointed by the Minority Leader of the 
    House of Representatives;
        (5) the Director of Public Health or his or her 
    designee;
        (6) the Director of Agriculture or his or her designee;
        (7) a representative of a general agricultural 
    production association appointed by the Department of 
    Agriculture;
        (8) three representatives of local county public 
    health departments appointed by the Director and selected 
    from 3 different counties representing each of the 
    northern, central, and southern portions of this State;
        (9) four members of the general public who are engaged 
    in local farmers' markets appointed by the Director of 
    Agriculture;
        (10) a representative of an association representing 
    public health administrators appointed by the Director;
        (11) a representative of an organization of public 
    health departments that serve the City of Chicago and the 
    counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, 
    Will, and Winnebago appointed by the Director;
        (12) a representative of a general public health 
    association appointed by the Director;
        (13) the Director of Commerce and Economic Opportunity 
    or his or her designee;
        (14) the Lieutenant Governor or his or her designee; 
    and
        (15) five farmers who sell their farm products at 
    farmers' markets appointed by the Lieutenant Governor or 
    his or her designee. 
    Task Force members' terms shall be for a period of 2 years, 
with ongoing appointments made according to the provisions of 
this Section.
    (f) The Task Force shall be convened by the Director or his 
or her designee. Members shall elect a Task Force Chair and 
Co-Chair.
    (g) Meetings may be held via conference call, in person, or 
both. Three members of the Task Force may call a meeting as 
long as a 5-working-day notification is sent via mail, e-mail, 
or telephone call to each member  of the Task Force.
    (h) Members of the Task Force shall serve without 
compensation.
    (i) The Task Force shall undertake a comprehensive and 
thorough review of the current Statutes and administrative 
rules that define which products and practices are permitted 
and which products and practices are not permitted at farmers' 
markets and to assist the Department in developing statewide 
administrative regulations for farmers' markets.
    (j) The Task Force shall advise the Department regarding 
the content of any administrative rules adopted under this 
Section Act prior to adoption of the rules. Any administrative 
rules, except emergency rules adopted pursuant to Section 5-45 
of the Illinois Administrative Procedure Act, adopted under 
this Section without obtaining the advice of the Task Force are 
null and void. If the Department fails to follow the advice of 
the Task Force, the Department shall, prior to adopting the 
rules, transmit a written explanation to the Task Force. If the 
Task Force, having been asked for its advice, fails to advise 
the Department within 90 days after receiving the rules for 
review, the rules shall be considered to have been approved by 
the Task Force.
    (k) The Department of Public Health shall provide staffing 
support to the Task Force and shall help to prepare, print, and 
distribute all reports deemed necessary by the Task Force.
    (l) The Task Force may request assistance from any entity 
necessary or useful for the performance of its duties. The Task 
Force shall issue a report annually to the Secretary of the 
Senate and the Clerk of the House.
    (m) The following provisions shall apply concerning 
statewide farmers' market food safety guidelines:
        (1) The Director, in accordance with this Section, 
    shall adopt administrative rules (as provided by the 
    Illinois Administrative Procedure Act) for foods found at 
    farmers' markets.
        (2) The rules and regulations described in this Section 
    Act  shall be consistently enforced by local health 
    authorities throughout the State.
        (2.5) Notwithstanding any other provision of law 
    except as provided in this Section Act, local public health 
    departments and all other units of local government are 
    prohibited from creating sanitation guidelines, rules, or 
    regulations for farmers' markets that are more stringent 
    than those farmers' market sanitation regulations 
    contained in the administrative rules adopted by the 
    Department for the purposes of implementing Section 3.3 of 
    this Act. Except as provided for in Section 3.4 of this 
    Act, this Section Act does not intend and shall not be 
    construed to limit the power of local health departments 
    and other government units from requiring licensing and 
    permits for the sale of commercial food products, processed 
    food products, prepared foods, and potentially hazardous 
    foods at farmers' markets or conducting related 
    inspections and enforcement activities, so long as those 
    permits and licenses do not include unreasonable fees or 
    sanitation provisions and rules that are more stringent 
    than those laid out in the administrative rules adopted by 
    the Department for the purposes of implementing Section 3.3 
    of this Act. 
        (3) In the case of alleged non-compliance with the 
    provisions described in this Section Act, local health 
    departments shall issue written notices to vendors and 
    market managers of any noncompliance issues.
        (4) Produce and food products coming within the scope 
    of the provisions of this Section Act shall include, but 
    not be limited to, raw agricultural products, including 
    fresh fruits and vegetables; popcorn, grains, seeds, 
    beans, and nuts that are whole, unprocessed, unpackaged, 
    and unsprouted; fresh herb springs and dried herbs in 
    bunches; baked goods sold at farmers' markets; cut fruits 
    and vegetables; milk and cheese products; ice cream; 
    syrups; wild and cultivated mushrooms; apple cider and 
    other fruit and vegetable juices; herb vinegar; 
    garlic-in-oil; flavored oils; pickles, relishes, salsas, 
    and other canned or jarred items; shell eggs; meat and 
    poultry; fish; ready-to-eat foods; commercially produced 
    prepackaged food products; and any additional items 
    specified in the administrative rules adopted by the 
    Department to implement Section 3.3 of this Act.
    (n) Local health department regulatory guidelines may be 
applied to foods not often found at farmers' markets, all other 
food products not regulated by the Department of Agriculture 
and the Department of Public Health, as well as live animals to 
be sold at farmers' markets.
    (o) The Task Force shall issue annual reports to the 
Secretary of the Senate and the Clerk of the House with 
recommendations for the development of administrative rules as 
specified. The first report shall be issued no later than 
December 31, 2012.
    (p) The Department of Public Health and the Department of 
Agriculture, in conjunction with the Task Force, shall adopt 
administrative rules necessary to implement, interpret, and 
make specific the provisions of this Section Act, including, 
but not limited to, rules concerning labels, sanitation, and 
food product safety according to the realms of their 
jurisdiction in accordance with subsection (j) of this Section. 
The Task Force shall submit recommendations for administrative 
rules to the Department no later than December 15, 2014. 

    (q) The Department and the Task Force shall work together 
to create a food sampling training and license program as 
specified in Section 3.4 of this Act. 
(Source: P.A. 97-394, eff. 8-16-11; 98-660, eff. 6-23-14.)
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.