In addition to the definitions contained in this chapter, 77
Ill. Adm. Code Part 750, and the FDA 2017 Food Code and any subsequent
amendments or revisions thereto, the following general definitions
shall apply in the interpretation and enforcement of this article:
FARMER
An individual who is a resident of Illinois and owns or leases
land in Illinois that is used as a farm, as that term is defined in
Section 1-60 of the Property Tax Code, or that individual's employee.
FARMERS' MARKET
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.
FARMERS' MARKET COMBINATION PERMIT
Permit covering the combination of meat, poultry, dairy,
eggs, and frozen foods grown, raised, or produced on or in a licensed
or permitted processing facility.
LICENSED or PERMITTED PROCESSING FACILITY
A facility that has been inspected, approved, and permitted
or licensed by the Department of Agriculture, the Department of Public
Health, or a local health department.
MAIN INGREDIENT
An agricultural product that is the defining or distinctive
ingredient in a product, though not necessarily by predominance of
weight.
It shall be unlawful for any person to offer products specified
in the farmers' markets section of the Food Handling Regulation
Enforcement Act, 410 ILCS 625/3, to the public at a farmers'
market within the County of McLean's jurisdiction who does not
possess a valid permit which shall be issued annually to him or her
by the Health Department. Only a farmer who complies with the requirements
of this article shall be entitled to receive and retain a farmers'
market permit. Permits shall not be transferable. A valid farmers'
market permit shall be posted in conspicuous view of the public while
offering food products to the public at a McLean County farmers'
market.
A. Issuance of permits.
(1) Any farmer desiring to offer products specified in the farmers'
markets section of the Food Handling Regulation Enforcement Act, 410
ILCS 625/3.3, at a farmers' market within the County of McLean's
jurisdiction shall annually make written application, on forms provided
by the Health Department, for a permit at least five business days'
prior to the first date of food sales or food operations at a farmers'
market. Such application shall be completed and signed by the farmer
or his or her representative. An application shall be considered complete
when it is submitted containing the following information:
(a)
The farmer's name, phone number, e-mail address, and residential
address.
(b)
The address or property tax ID of the farmer's farm.
(c)
A list of products intended to be offered.
(d)
The name, address, and contact information of the licensed or
permitted processing facility at which any food products are to be
processed.
(2) Upon receipt of such an application, the Health Department shall
inspect the farmer's booth named in the application on the first
date of operation at a farmers' market; and it shall determine
if the farmer is in compliance with the provisions of this article.
When an inspection reveals that the provisions of the article have
been met, a permit shall be issued. Farmers' market permits are
valid through December 31 of the year issued.
(3) A permit must be applied for annually and submitted with the appropriate
permit fee at least five business days' prior to the first date
of operation. Any farmer who has not paid his or her annual fee for
the farmers' market permit prior to commencing operations shall
be considered as operating without a valid permit.
B. Farmers' market permit classifications. Farmers' market
permits shall be classified as:
(1) Class G farmers' market permit.
(a)
Farmers' market egg permit.
(b)
Farmers' market combination permit.
C. Farmers' market permit fees. The annual fees for the permit shall be as set forth in Chapter
205, Fees.
(1) Such fees shall be payable upon receipt of an invoice issued by the
Health Department.
(2) A farmers' market permit may not be issued until all fees are
paid in full.
(3) Fees from permits issued after June 30 shall be reduced by 1/2 the
annual fee.
D. Suspension of permits.
(1) Permits may be suspended temporarily by the Health Department for
failure of the farmer to comply with the requirements of this article.
(2) Notwithstanding the other provisions of this article, whenever the
Health Department finds insanitary or other conditions in the operations
conducted under a farmers' market permit which, in its judgment,
constitute an imminent health hazard to the public health, it may,
without warning or hearing, issue a written notice to the permit holder
or operator citing such condition, specifying the corrective action
to be taken, and specifying the time period within which such action
shall be taken, and, if deemed necessary, such order shall state that
the permit is suspended at the time of inspection, and all operations
are to be immediately discontinued.
(a)
Any farmer to whom such an order is issued shall comply therewith
but, upon written request filed not more than 72 hours after the discontinuance
order, may request a hearing for abatement of the order.
(b)
The Health Department shall provide a hearing not later than
five days from the filing of said request.
(3) Whenever a farmer has failed to comply with any notice issued under the provisions of §
216-21D of this article, the farmer shall be notified in writing that the permit is suspended upon service of the notice. An opportunity for a hearing to overturn the suspension will be provided if, within 72 hours of receipt of the notice, a written request for a hearing is filed with the Health Department by the farmer. The Health Department shall provide a hearing not later than five days from the filing of said request.
E. Reinstatement of suspended permits. Any farmer whose permit has been
suspended may, at any time, make application for a reinspection for
the purpose of reinstatement of the permit. Within seven days following
receipt of a written request, including a statement signed by the
applicant that, in his or her opinion, the conditions causing suspension
of the permit have been corrected, the Health Department shall make
a reinspection. If the applicant is in compliance with the requirements
of this article, the permit shall be reinstated.
F. Revocation of permits.
(1) A permit may be permanently revoked after an opportunity for a hearing
has been provided by the Health Department for:
(a)
Interference with the Health Department in the performance of
its duties.
(b)
Repeat of the same imminent health hazards occurring during
three consecutive inspections of any type.
(c)
Repeat of the same priority violations existing during three
consecutive inspections of any type.
(d)
A violation of any of the requirements of this article.
(2) Prior to such hearing, the Health Department shall provide notice
to the farmer in writing, stating the reasons for which the permit
is subject to revocation and stating the permit shall be permanently
revoked at the end of five days following service of such notice unless
a written request for a hearing is filed with the Health Department
within the five-day period. The Health Department shall provide a
hearing not later than five days from the filing of said request.
A permit shall be suspended for cause pending its revocation or a
hearing relative thereto.
Any farmer that has had his or her permit suspended, revoked
or nonrenewed by the Health Department may seek a review of the decision
by the Board of Health by:
A. Filing within seven days of receipt of the decision, written notice
with the Board of Health of intent to seek review of the decision;
B. Filing a written brief with the Board of Health which states the
permit holder's arguments as to why the decision of the Health
Department should be reversed. In addition to the farmer's arguments
for reversal, this brief shall contain a short recitation of relevant
facts, citation to any relevant legal authority and copies of any
documentary evidence the farmer wishes to be considered by the Board
of Health; and
C. Appearing at the meeting of the Board of Health at which the Board
of Health is scheduled to consider the review requested by the farmer.
D. The hearings provided for in this section shall be conducted by a
quorum of the members of the Board of Health at a time and place designated
by the Board within 30 days of the date on which the written request
was filed.
(1) Notification. The farmer shall be notified of the time and place
of the hearing not less than five days' prior to the date on
which the hearing is to be held.
(2) Findings. Based upon the record of such hearing, the Board of Health
shall make a finding and shall sustain, modify, or rescind any official
notice or order considered in the hearing.
(3) Written report. A written report of the hearing decision shall be
furnished either personally or by certified mail to the farmer by
the Board of Health.
Any farmer, firm or corporation affected by the decisions, rules
or regulations of the Board of Health of McLean County, Illinois,
may have the decisions of said Board of Health reviewed in the Circuit
Court of McLean County, Illinois, and all amendments and modifications
thereof, and the rules adopted pursuant thereto shall apply to and
govern all proceedings for the judicial review of final administrative
decisions of the said Board of Health. The term "administrative decision"
is defined in Section 1 of the Administrative Review Act.
Food may be examined or sampled by the Health Department as
often as may be necessary to determine freedom from adulteration or
misbranding.
A. Food certification.
(1) All dairy products offered at a farmers' market must comply
with the Grade A Pasteurized Milk and Milk Products Act.
(2) A farmer intending to offer eggs at a farmers' market shall
submit a copy of a valid Illinois egg license issued by the Illinois
Department of Agriculture to the Health Department with the written
application for a farmers' market permit.
(3) All meat products offered at a farmers' market shall be inspected
and approved displaying the appropriate Illinois Department of Agriculture
or United States Department of Agriculture (USDA) stamp and labeling.
(4) Frozen prepackaged food products offered at a farmers' market
shall contain the main ingredient grown or raised on the farmer's
farm and processed at a licensed or permitted processing facility.
The name, address, and contact information of the licensed or permitted
processing facility shall be provided to the Health Department before
offering the product to the public.
B. Embargo orders.
(1) The Health Department may, upon written notice to the owner or person
in charge, place an embargo order on any food which it determines
or has probable cause to believe to be unwholesome or otherwise adulterated
or misbranded. Under an embargo order, food shall be permitted to
be suitably stored.
(2) It shall be unlawful for any person to remove or alter an embargo
order, notice or tag placed on food by the Health Department, and
neither such food nor the containers thereof shall be relabeled, repacked,
reprocessed, altered, disposed of, or destroyed without permission
of the Health Department, except on order by a court of competent
jurisdiction.
C. Post-hearing actions. After the owner or person in charge has a hearing as provided for in §
216-19 herein, and on the basis of evidence produced at such hearing, or on the basis of its examination in the event a written request for a hearing is not received within 10 days, the Health Department may vacate the embargo order or may by written order direct the owner or person in charge of the food which was placed under the embargo order to denature or destroy such food or to bring it into compliance with the provisions of this article; provided that such order of the Health Department to denature or destroy such food or bring it into compliance with the provisions of this article shall be stayed if the order is appealed to a court of competent jurisdiction within three days.
When the Health Department has reasonable cause to suspect the
possibility of disease transmission from any farmer or farmer's
employee, the Health Department shall secure a morbidity history of
the suspected employee, or make such other investigation as may be
indicated, and take appropriate action. The Health Department may
require any or all of the following measures:
A. The immediate exclusion of the employee from all food service operations;
B. The immediate closure of the vendor concerned until, in the opinion
of the Health Department, no further danger of disease outbreak exists;
C. Restriction of the employee's services to some operations of
the vending where there would be no danger of transmitting disease;
and
D. Adequate medical and laboratory examinations of the employee, or
other employees, and of their body discharges.
Any person who shall violate any provisions of this article
shall be guilty of a Class B misdemeanor and, upon conviction thereof,
shall be punished by a fine of not more than $1,500 or imprisonment
of not more than six months, or both. In addition thereto, such persons
may be enjoined from continuing such violations. Each day upon which
such violation occurs shall constitute a separate violation.