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Public Act 099-0191
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| HB2486 Enrolled | LRB099 10188 JLK 30412 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Food Handling Regulation Enforcement Act is |
amended by changing Sections 3.3 and 4 and by renumbering and |
changing Section 3.4 as added by Public Act 98-643 as follows:
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(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. |
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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 |
Act, the Farmers' Market Task Force shall be formed by the |
Director to assist the Department in implementing statewide |
administrative regulations for farmers' markets. |
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(d)
This 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 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 |
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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. |
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(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 and Sections 3.4, 3.5, and 4 of this 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 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 |
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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 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 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 |
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Department for the purposes of implementing this Section |
3.3 and Sections 3.4, 3.5, and 4 of this Act. Except as |
provided for in Sections Section 3.4 and 4 of this Act, |
this 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 this Section |
3.3 and Sections 3.4, 3.5, and 4 of this Act. |
(3) In the case of alleged non-compliance with the |
provisions described in this 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 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 |
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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 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 |
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shall submit recommendations for administrative rules to the |
Department no later than December 15, 2014.
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(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.)
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(410 ILCS 625/3.6) |
Sec. 3.6 3.4. Home kitchen operation. |
(a) For the purpose of this Section, "home kitchen |
operation" means a person who produces or packages |
non-potentially hazardous baked goods food in a kitchen of that |
person's primary domestic residence for direct sale by the |
owner or a family member. As used in this Section, "baked good" |
has the meaning given to that term under subparagraph (C) of |
paragraph (1) of subsection (b) of Section 4 of this Act. A |
home kitchen operation does not include a person who produces |
or packages non-potentially hazardous baked goods for sale by a |
religious, charitable, or nonprofit organization for |
fundraising purposes; the production or packaging of |
non-potentially hazardous baked goods for these purposes is |
exempt from the requirements of this Act , or for sale by a |
religious, charitable, or nonprofit organization, stored in |
the residence where the food is made. The following conditions |
must be met in order to qualify as a home kitchen operation: |
(1) Monthly gross sales do not exceed $1,000. |
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(2) The food is not a non-potentially potentially |
hazardous baked good food, as described defined in Section |
4 of this Act. |
(3) A notice is provided to the purchaser that the |
product was produced in a home kitchen. |
(4) The food package is affixed with a label or other |
written notice is provided to the purchaser that includes: |
(i) the common or usual name of the food product; |
and |
(ii) allergen labeling as specified in federal |
labeling requirements by the United States Food and |
Drug Administration. |
(5) The food is sold directly to the consumer. |
(6) The food is stored in the residence where it is |
produced or packaged. |
(b) The Department of Public Health or the health |
department of a unit of local government may inspect a home |
kitchen operation in the event of a complaint or disease |
outbreak. |
(c) The requirements of this This Section apply applies |
only to a home kitchen operation located in a municipality, |
township, or county where the local governing body having the |
jurisdiction to enforce this Act or the rules adopted under |
this Act has adopted an ordinance authorizing home kitchen |
operations the direct sale of baked goods as described in |
Section 4 of this Act.
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(Source: P.A. 98-643, eff. 6-10-14; revised 10-20-14.)
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(410 ILCS 625/4) |
Sec. 4. Cottage food operation. |
(a) For the purpose of this Section: |
"Cottage food operation" means an operation conducted by a |
person who produces or packages non-potentially hazardous food |
in a kitchen located in that person's primary domestic |
residence or another appropriately designed and equipped |
residential or commercial-style kitchen on that property for |
direct sale by the owner, or a family member, or employee |
stored in the residence or appropriately designed and equipped |
residential or commercial-style kitchen on that property where |
the food is made. |
"Department" means the Department of Public Health. |
"Farmers' market" means a common facility or area where
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farmers gather to sell a variety of fresh fruits and vegetables
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and other locally produced farm and food products directly to
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consumers. |
"Main ingredient" means an agricultural product that is the |
defining or distinctive ingredient in a cottage food product, |
though not necessarily by predominance of weight. |
"Potentially hazardous food" means a food that is |
potentially hazardous according to the Department's |
administrative rules. Potentially hazardous food (PHF) in |
general means a food that requires time and temperature control |
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for safety (TCS) to limit pathogenic microorganism growth or |
toxin formation. |
(b) Notwithstanding any other provision of law and except |
as provided in subsections (c), and (d), and (e) of this |
Section, neither the Department nor the Department of |
Agriculture nor the health department of a unit of local |
government may regulate the service of food by a cottage food |
operation providing that all of the following conditions are |
met: |
(1) The food is not a non-potentially potentially |
hazardous baked good, jam, jelly, preserve, fruit butter, |
dry herb, dry herb blend, or dry tea blend, or similar |
product as adopted and specified by Department rules |
pursuant to subsection (e) of this Section, and is intended |
for end-use only. The following provisions shall apply: |
(A) The following jams, jellies and preserves are |
allowed: apple, apricot, grape, peach, plum, quince, |
orange, nectarine, tangerine, blackberry, raspberry, |
blueberry, boysenberry, cherry, cranberry, strawberry, |
red currants, or a combination of these fruits. |
Rhubarb, tomato, and pepper jellies or jams are not |
allowed. Any other jams, jellies, or preserves not |
listed may be produced by a cottage food operation |
provided their recipe has been tested and documented by |
a commercial laboratory, at the expense of the cottage |
food operation, as being not potentially hazardous, |
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containing a pH equilibrium of less than 4.6 or has |
been specified and adopted as allowed in |
administrative rules by the Department pursuant to |
subsection (e) of this Section. |
(B) The following fruit butters are allowed: |
apple, apricot, grape, peach, plum, quince, and prune. |
Pumpkin butter, banana butter, and pear butter are not |
allowed. Fruit butters not listed may be produced by a |
cottage food operation provided their recipe has been |
tested and documented by a commercial laboratory, at |
the expense of the cottage food operation, as being not |
potentially hazardous, containing a pH equilibrium of |
less than 4.6 or has been specified and adopted as |
allowed in administrative rules by the Department |
pursuant to subsection (e) of this Section. |
(C) Baked goods, such as, but not limited to, |
breads, cookies, cakes, pies, and pastries are |
allowed. Only high-acid fruit pies that use the |
following fruits are allowed: apple, apricot, grape, |
peach, plum, quince, orange, nectarine, tangerine, |
blackberry, raspberry, blueberry, boysenberry, cherry, |
cranberry, strawberry, red currants or a combination |
of these fruits. Fruit pies not listed may be produced |
by a cottage food operation provided their recipe has |
been tested and documented by a commercial laboratory, |
at the expense of the cottage food operation, as being |
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not potentially hazardous, containing a pH equilibrium |
of less than 4.6 or has been specified and adopted as |
allowed in administrative rules by the Department |
pursuant to subsection (e) of this Section. The |
following are potentially hazardous and prohibited |
from production and sale by a cottage food operation: |
pumpkin pie, sweet potato pie, cheesecake, custard |
pies, creme pies, and pastries with potentially |
hazardous fillings or toppings. |
(2) The food is to be sold at a farmers' market, with |
the exception that cottage foods that have a locally grown |
agricultural product as the main ingredient may be sold on |
the farm where the agricultural product is grown or |
delivered directly to the consumer. |
(3) Gross receipts from the sale of food exempted under |
this Section do not exceed $36,000 $25,000 in a calendar |
year. |
(4) The food packaging conforms to the labeling |
requirements of the Illinois Food, Drug and Cosmetic Act |
and includes the following information on the label of each |
of its products: |
(A) the name and address of the cottage food |
operation; |
(B) the common or usual name of the food product; |
(C) all ingredients of the food product, including |
any colors, artificial flavors, and preservatives, |
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listed in descending order by predominance of weight |
shown with common or usual names; |
(D) the following phrase: "This product was |
produced in a home kitchen not subject to public health |
inspection that may also process common food |
allergens."; |
(E) the date the product was processed; and |
(F) allergen labeling as specified in federal |
labeling requirements. |
(5) The name and residence of the person preparing and |
selling products as a cottage food operation is registered |
with the health department of a unit of local government |
where the cottage food operation resides. No fees shall be |
charged for registration. Registration shall be for a |
minimum period of one year. |
(6) The person preparing or packaging and selling |
products as a cottage food operation has a Department |
approved Food Service Sanitation Management Certificate. |
(7) At the point of sale a placard is displayed in a |
prominent location that states the following: "This |
product was produced in a home kitchen not subject to |
public health inspection that may also process common food |
allergens.". |
(c) Notwithstanding the provisions of subsection (b) of |
this Section, if the Department or the health department of a |
unit of local government has received a consumer complaint or |
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has reason to believe that an imminent health hazard exists or |
that a cottage food operation's product has been found to be |
misbranded, adulterated, or not in compliance with the |
exception for cottage food operations pursuant to this Section, |
then it may invoke cessation of sales until it deems that the |
situation has been addressed to the satisfaction of the |
Department. |
(d) Notwithstanding the provisions of subsection (b) of |
this Section, a State-certified local public health department |
may, upon providing a written statement to the Department, |
regulate the service of food by a cottage food operation. The |
regulation by a State-certified local public health department |
may include all of the following requirements: |
(1) That the cottage food operation (A) register with |
the State-certified local public health department, which |
shall be for a minimum of one year and include a reasonable |
fee set by the State-certified local public health |
department that is no greater than $25 notwithstanding |
paragraph (5) of subsection (b) of this Section and (B) |
agree in writing at the time of registration to grant |
access to the State-certified local public health |
department to conduct an inspection of the cottage food |
operation's primary domestic residence in the event of a |
consumer complaint or foodborne illness outbreak. |
(2) That in the event of a consumer complaint or |
foodborne illness outbreak the State-certified local |