SB 3195 — FARMERS' MARKET TASK FORCE

SB3195 EngrossedEnrolled LRB100 15824 MJP 30933 b AN ACT concerning health.

SB3195 EngrossedEnrolled - 2 - LRB100 15824 MJP 30933 b 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.

In order to facilitate the orderly and uniform statewide implementation of the standards established in the SB3195 EngrossedEnrolled - 3 - LRB100 15824 MJP 30933 b Department of Public Health's administrative rules for this Section, the Farmers' Market Task Force shall be formed by the Director to assist the Department in implementing statewide administrative regulations for farmers' markets.

SB3195 EngrossedEnrolled - 4 - LRB100 15824 MJP 30933 b (5) the Director of Public Health or his or her designee;

and (15) five farmers who sell their farm products at SB3195 EngrossedEnrolled - 5 - LRB100 15824 MJP 30933 b farmers' markets appointed by the Lieutenant Governor or his or her designee.

Any administrative rules, except emergency rules adopted pursuant to Section 5-45 of the SB3195 EngrossedEnrolled - 6 - LRB100 15824 MJP 30933 b Illinois Administrative Procedure Act, adopted under this Section without obtaining the advice of the Task Force are null and void.

SB3195 EngrossedEnrolled - 7 - LRB100 15824 MJP 30933 b (2.5) Notwithstanding any other provision of law except as provided in this Section, 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 this Section and Sections 3.4, 3.5, and 4 of this Act.

SB3195 EngrossedEnrolled - 8 - LRB100 15824 MJP 30933 b (4) Produce and food products coming within the scope of the provisions of this Section shall include, but not be limited to, raw agricultural products, including fresh fruits and vegetables;

SB3195 EngrossedEnrolled - 9 - LRB100 15824 MJP 30933 b (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, 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.

They have become important community institutions and have figured in the SB3195 EngrossedEnrolled - 10 - LRB100 15824 MJP 30933 b revitalization of downtown districts and rural communities.

(6) Recognizing that farmers' markets serve as small business incubators and that farmers' profit margins frequently are narrow, even in direct-to-consumer retail, protecting farmers from costs of regulation that are disproportionate to their profits will help ensure the SB3195 EngrossedEnrolled - 11 - LRB100 15824 MJP 30933 b continued viability of these local farms and small businesses.

SB3195 EngrossedEnrolled - 12 - LRB100 15824 MJP 30933 b (e) (Blank).

(10) a representative of an association representing SB3195 EngrossedEnrolled - 13 - LRB100 15824 MJP 30933 b public health administrators appointed by the Director;

Members of the Task Force shall serve without SB3195 EngrossedEnrolled - 14 - LRB100 15824 MJP 30933 b compensation.

SB3195 EngrossedEnrolled - 15 - LRB100 15824 MJP 30933 b The Task Force shall issue a report annually to the Secretary of the Senate and the Clerk of the House.

Except as provided for in Sections 3.4 and 4 of this Act, this Section 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 SB3195 EngrossedEnrolled - 16 - LRB100 15824 MJP 30933 b 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 and Sections 3.4, 3.5, and 4 of this Act.

and any additional items specified in the administrative rules adopted by the Department to SB3195 EngrossedEnrolled - 17 - LRB100 15824 MJP 30933 b implement Section 3.3 of this Act.

(1) Farmers market vendors shall provide effective SB3195 EngrossedEnrolled - 18 - LRB100 15824 MJP 30933 b means to maintain potentially hazardous food, as defined in Section 4 of this Act, at 41 degrees Fahrenheit or below.

(b) Notwithstanding any other provision of law, except as provided in subsection (c) of this Section, a vendor who engages in food product sampling at a farmers' market may do so SB3195 EngrossedEnrolled - 19 - LRB100 15824 MJP 30933 b without obtaining a State or local permit to provide those food product samples, provided the vendor complies with the State and local permit requirements to sell the food product to be sampled and with the food preparation, food handling, food storage, and food sampling requirements specified in the administrative rules adopted by the Department to implement Section 3.3 and Section 3.4 of this Act.

If an imminent health hazard exists or a vendor's product has been found to be misbranded, adulterated, or not in SB3195 EngrossedEnrolled - 20 - LRB100 15824 MJP 30933 b compliance with the permit exemption for vendors pursuant to this Section, then the regulatory authority may invoke cessation of sales until it deems that the situation has been addressed.