[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:
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.
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.
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.
Permit covering only the sale of eggs.
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.
A state-certified health department of a unit of local government.
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.
C.
Farmers' market permit fees. The annual fees for the permit shall be as set forth in Chapter 205, Fees.
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.
(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:
(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:
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.
