[Added 3-16-2023]
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,[1] 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.
FARMERS' MARKET EGG PERMIT
Permit covering only the sale of eggs.
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.
LOCAL HEALTH DEPARTMENT
A state-certified health department of a unit of local government.
MAIN INGREDIENT
An agricultural product that is the defining or distinctive ingredient in a product, though not necessarily by predominance of weight.
[1]
Editor's Note: See 35 ILCS 200/1-60.
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.[1]
[1]
Editor's Note: See 735 ILCS 5/3-101.
A. 
At least one annual inspection shall occur on site at the farmers' market, or at an alternate location of the Health Department's choice, to conduct the inspection and shall make as many additional inspections and reinspections as are necessary for the enforcement of this article.
B. 
Access to establishments. The Health Department, after proper identification, shall be permitted to inspect an operation offering products to the public specified in the farmers' market section of the Food Handling Regulation Enforcement Act, 410 ILCS 625/3.3, within the County of McLean's jurisdiction to determine compliance with this article. The Health Department shall be permitted to examine the records of the operation to obtain information pertaining to food and supplies purchased, received, or used and persons employed.
C. 
Inspection records. Whenever the Health Department makes an inspection, it shall record its findings on an inspection report form provided for this purpose and shall furnish a paper or electronic copy of such inspection report form to the farmer.
D. 
Issuance of notices. Whenever the Health Department makes an inspection and discovers that any of the provisions of this article have been violated, it shall notify the farmer of such violations by means of an inspection report form or other written notice. In such notifications, the Health Department shall:
(1) 
Set forth the specific violations found:
(2) 
Establish a specific and timely period for the implementation of corrective actions for the violations found, substantially as follows:
(a) 
When one or more priority item, priority foundation item, or a provision of a HACCP plan controlling critical limits is identified as out of compliance, corrective action for all items must be implemented by the completion of the inspection, or considering the nature of the violation involved and the complexity of the corrective action needed, corrections may be completed as follows:
[1] 
Corrective action for all priority items must be implemented as soon as possible but not to exceed 72 hours from the time of inspection:
[2] 
Corrective action for all priority foundation items, or HACCP plan deviation items must be implemented within 10 calendar days from the time of the inspection; and
[3] 
When one or more core items is identified as out of compliance, corrective action for such items must be implemented no later than the next inspection or within a time period proposed in writing by the permit holder approved by the Health Department provided the extended existence of the item does not present or result in a health hazard.
(b) 
When the existence of an imminent health hazard is identified, the permit is subject to immediate suspension as provided in § 216-18D, herein. In case immediate suspension is not invoked, the hazard and all priority items shall be corrected within 48 hours from the time of inspection. Corrective action shall be initiated on all of the remaining items. Reinspections shall be conducted at timely intervals to ensure correction. If, within the specified forty-eight-hour time period, corrective action has not occurred, the establishment shall be closed as provided for in § 216-18D, herein.
(c) 
Repeat violations of priority and priority foundation items documented on two or more previous routine inspections will subject the food establishment permit to suspension as provided in § 216-18D. Suspension of the permit may be deferred upon the permit holder's submission of a written corrective action plan within 72 hours of the inspection. The corrective action plan shall include the repeat violations noted on the inspection, the time period in which the violation will be permanently corrected, and procedures implemented by the food establishment to mitigate risks and hazards associated with the repeat violations.
(3) 
State that failure to comply with any notice issued in accordance with the provisions of this article may result in suspension of the permit as provided for in § 216-18D, herein.
(4) 
State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the Health Department within the period of time established in the notice for correction.
E. 
Service of notices. Notices provided for under this section shall be deemed to have been properly served when a copy of the inspection report form or other notice has been delivered personally to the farmer or the farmer's employee, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the records of the Health Department
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.[1]
[1]
Editor's Note: See 410 ILCS 635/1 et seq.
(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.
A. 
Any farmer may request a variance from the requirements of this article and adopted references when the farmer believes that the requirements result in an undue economic hardship or when it is believed a standard may not apply to the specific situation.
B. 
Requests shall be submitted in writing to the Health Department and shall include the name and location of the farmer, the name of the licensee or prospective licensee when applicable, and the section for which a variance is being requested. Evidence of undue economic hardship should include estimates and costs for compliance. If it is believed that a standard may not apply to the specific situation, an explanation shall be included.
C. 
Any farmer who requests a variance from the provisions of these regulations shall have the burden of supplying the Health Department with information that demonstrates that conditions exist which warrant the granting of a variance. All doubts shall be resolved in the interest of the public's health and safety and in the favor of denial.
D. 
The Health Department may, at its sole discretion, grant a variance if:
(1) 
Such variance is consistent with the purpose and intent of the most current edition of the Illinois Food Code[1] and its associated acts and codes and this article; and
[1]
Editor's Note: See 77 Ill. Adm. Code Part 750.
(2) 
It is consistent with the protection of the public health; and
(3) 
In the opinion of the regulatory authority, a health hazard or nuisance will not result from the variance; and
(4) 
The circumstances of the farmer are unique; and
(5) 
The cost of compliance is so great that it would threaten the economic viability of the farmer, or the farmer would be in grave jeopardy if compliance were enforced; and
(6) 
The damage to the farmer's economic viability is in fact caused by compliance.
E. 
A variance shall be revoked or expire if:
(1) 
In the opinion of the Health Department, the variance results in a health hazard or nuisance; or
(2) 
There is a change of circumstances from those supporting the variance; or
(3) 
The farmer does not meet the conditions set forth in the variance request as approved by the Health Department.
F. 
Any farmer for which a variance has been denied may appeal such denial by requesting a hearing before the Board of Health.
A. 
All equipment shall be in sound physical condition and be approved for food storage. Equipment will be inspected by a representative of the Health Department for approval.
B. 
Adequate cold holding equipment shall be provided to maintain cold TCS food at 41° F. (5° C.) or below and frozen TCS foods below 32° F. (0° C.). Effectively insulated, hard-sided, cleanable containers with sufficient ice or other cooling means that is intended for the storage of TCS food may be used to maintain TCS food temperatures at 41° F. (5° C.) or below and frozen TCS foods below 32° F. (0° C.). Mechanical refrigeration is strongly recommended for the storage of all TCS foods. TCS food that is not held at or below 41° F.(5° C.) shall be removed from sale.
C. 
Failure to maintain TCS foods at 41° F. (5° C.) or below and frozen TCS food below 32° F. (0° C.) during three consecutive inspections shall result in the Health Department requiring the farmer applicant to use a different option of maintaining TCS foods at or below required temperatures including, but not limited to, the use of mechanical refrigeration.
D. 
Each container intended for the storage of TCS food, including but not limited to a mechanical refrigerator/freezer, or insulated cooler, shall be equipped with its own thermometer that is accurate to plus or minus 3° F. (±1.5° C.).
E. 
Easily accessible handwashing facilities are strongly encouraged to prevent the transfer of pathogens. Handwashing facilities may be shared provided the handwashing facility is in the immediate area, not to exceed 25 feet (6.1 m). Designated handwashing facilities must be a hands-free flowing-type container with a spout, warm water, liquid soap, single-use/disposable paper towels, and a container for catching wastewater.
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.