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Full Text of SB0840  97th General Assembly



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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Food Handling Regulation Enforcement Act is
5amended by adding Section 4 as follows:
6    (410 ILCS 625/4 new)
7    Sec. 4. Cottage food operation.
8    (a) For the purpose of this Section:
9    "Cottage food operation" means a person who produces or
10packages non-potentially hazardous food in a kitchen of that
11person's primary domestic residence for direct sale by the
12owner or a family member, stored in the residence where the
13food is made.
14    "Farmers' market" means a common facility or area where
15farmers gather to sell a variety of fresh fruits and vegetables
16and other locally produced farm and food products directly to
18    "Potentially hazardous food" means a food that is
19potentially hazardous according to the Federal Food and Drug
20Administration 2009 Food Code (FDA 2009 Food Code) or any
21subsequent amendments to the FDA 2009 Food Code. Potentially
22hazardous food (PHF) in general means a food that requires time
23and temperature control for safety (TCS) to limit pathogenic



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1microorganism growth or toxin formation. In accordance with the
2FDA 2009 Food Code, potentially hazardous food does not include
3a food item that because of its pH or Aw value, or interaction
4of Aw and pH values, is designated as a non-PHF/non-TCS food in
5Table A or B of the FDA 2009 Food Code's potentially hazardous
6food definition.
7    (b) Notwithstanding any other provision of law and except
8as provided in subsections (c) and (d) of this Section, neither
9the Department of Public Health nor the Department of
10Agriculture nor the health department of a unit of local
11government may regulate the service of food by a cottage food
12operation providing that all of the following conditions are
14        (1) The food is not a potentially hazardous baked good,
15    jam, jelly, preserve, fruit butter, dry herb, dry herb
16    blend, or dry tea blend and is intended for end-use only.
17    The following provisions shall apply:
18            (A) The following jams, jellies and preserves are
19        allowed: apple, apricot, grape, peach, plum, quince,
20        orange, nectarine, tangerine, blackberry, raspberry,
21        blueberry, boysenberry, cherry, cranberry, strawberry,
22        red currants, or a combination of these fruits.
23        Rhubarb, tomato, and pepper jellies or jams are not
24        allowed. Any other jams, jellies, or preserves not
25        listed may be produced by a cottage food operation
26        provided their recipe has been tested and documented by



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1        a commercial laboratory, at the expense of the cottage
2        food operation, as being not potentially hazardous,
3        containing a pH equilibrium of less than 4.6.
4            (B) The following fruit butters are allowed:
5        apple, apricot, grape, peach, plum, quince, and prune.
6        Pumpkin butter, banana butter, and pear butter are not
7        allowed. Fruit butters not listed may be produced by a
8        cottage food operation provided their recipe has been
9        tested and documented by a commercial laboratory, at
10        the expense of the cottage food operation, as being not
11        potentially hazardous, containing a pH equilibrium of
12        less than 4.6.
13            (C) Baked goods, such as, but not limited to,
14        breads, cookies, cakes, pies, and pastries are
15        allowed. Only high-acid fruit pies that use the
16        following fruits are allowed: apple, apricot, grape,
17        peach, plum, quince, orange, nectarine, tangerine,
18        blackberry, raspberry, blueberry, boysenberry, cherry,
19        cranberry, strawberry, red currants or a combination
20        of these fruits. Fruit pies not listed may be produced
21        by a cottage food operation provided their recipe has
22        been tested and documented by a commercial laboratory,
23        at the expense of the cottage food operation, as being
24        not potentially hazardous, containing a pH equilibrium
25        of less than 4.6. The following are potentially
26        hazardous and prohibited from production and sale by a



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1        cottage food operation: pumpkin pie, sweet potato pie,
2        cheesecake, custard pies, crème pies, and pastries
3        with potentially hazardous fillings or toppings.
4        (2) The food is to be sold at a farmers' market.
5        (3) Gross receipts from the sale of food exempted under
6    this Section do not exceed $25,000 in a calendar year.
7        (4) The food packaging conforms to the labeling
8    requirements of the Illinois Food, Drug and Cosmetic Act
9    and includes the following information on the label of each
10    of its products:
11            (A) the name and address of the cottage food
12        operation;
13            (B) the common or usual name of the food product;
14            (C) all ingredients of the food product, including
15        any colors, artificial flavors, and preservatives,
16        listed in descending order by predominance of weight
17        shown with common or usual names;
18            (D) the following phrase: "This product was
19        produced in a home kitchen not subject to public health
20        inspection that may also process common food
21        allergens.";
22            (E) the date the product was processed; and
23            (F) allergen labeling as specified in federal
24        labeling requirements.
25        (5) The name and residence of the person preparing and
26    selling products as a cottage food operation is registered



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1    with the health department of a unit of local government
2    where the cottage food operation resides. No fees shall be
3    charged for registration.
4        (6) The person preparing and selling products as a
5    cottage food operation has a Department of Public Health
6    approved Food Service Sanitation Management Certificate.
7        (7) At the point of sale a placard is displayed in a
8    prominent location that states the following: "This
9    product was produced in a home kitchen not subject to
10    public health inspection that may also process common food
11    allergens.".
12    (c) Notwithstanding the provisions of subsection (b) of
13this Section, if the Department of Public Health or the health
14department of a unit of local government has received a
15consumer complaint or has reason to believe that an imminent
16health hazard exists or that a cottage food operation's product
17has been found to be misbranded, adulterated, or not in
18compliance with the exception for cottage food operations
19pursuant to this Section, then it may invoke cessation of sales
20until it deems that the situation has been addressed to the
21satisfaction of the Department.
22    (d) Notwithstanding the provisions of subsection (b) of
23this Section, a State-certified local public health department
24may, upon providing a written statement to the Department of
25Public Health, regulate the service of food by a cottage food
26operation. The regulation by a State-certified local public



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1health department may include all of the following
3        (1) That the cottage food operation (A) register with
4    the State-certified local public health department, which
5    may include a reasonable fee set by the State-certified
6    local public health department notwithstanding paragraph
7    (5) of subsection (b) of this Section and (B) agree in
8    writing at the time of registration to grant access to the
9    State-certified local public health department to conduct
10    an inspection of the cottage food operation's primary
11    domestic residence in the event of a consumer complaint or
12    foodborne illness outbreak.
13        (2) That in the event of a consumer complaint or
14    foodborne illness outbreak the State-certified local
15    public health department is allowed to (A) inspect the
16    premises of the cottage food operation in question and (B)
17    set a reasonable fee for that inspection.
18    Section 10. The Sanitary Food Preparation Act is amended by
19changing Section 11 as follows:
20    (410 ILCS 650/11)  (from Ch. 56 1/2, par. 77)
21    Sec. 11. Except as hereinafter provided and as provided in
22Section 4 of the Food Handling Regulation Enforcement Act, the
23Department of Public Health shall enforce this Act, and for
24that purpose it may at all times enter every such building,



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1room, basement, inclosure or premises occupied or used or
2suspected of being occupied or used for the production,
3preparation or manufacture for sale, or the storage, sale,
4distribution or transportation of such food, to inspect the
5premises and all utensils, fixtures, furniture and machinery
6used as aforesaid; and if upon inspection any such food
7producing or distribution establishment, conveyance, or
8employer, employee, clerk, driver or other person is found to
9be violating any of the provisions of this Act, or if the
10production, preparation, manufacture, packing, storage, sale,
11distribution or transportation of such food is being conducted
12in a manner detrimental to the health of the employees and
13operatives, or to the character or quality of the food therein
14being produced, manufactured, packed, stored, sold,
15distributed or conveyed, the officer or inspector making the
16inspection or examination shall report such conditions and
17violations to the Department. The Department of Agriculture
18shall have exclusive jurisdiction for the enforcement of this
19Act insofar as it relates to establishments defined by Section
202.5 of "The Meat and Poultry Inspection Act", approved July 22,
211959, as heretofore or hereafter amended. The Department of
22Agriculture or Department of Public Health, as the case may be,
23shall thereupon issue a written order to the person, firm or
24corporation responsible for the violation or condition
25aforesaid to abate such condition or violation or to make such
26changes or improvements as may be necessary to abate them,



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1within such reasonable time as may be required. Notice of the
2order may be served by delivering a copy thereof to the person,
3firm or corporation, or by sending a copy thereof by registered
4mail, and the receipt thereof through the post office shall be
5prima facie evidence that notice of the order has been
6received. Such person, firm or corporation may appear in person
7or by attorney before the Department of Agriculture or the
8Department of Public Health, as the case may be, within the
9time limited in the order, and shall be given an opportunity to
10be heard and to show why such order or instructions should not
11be obeyed. The hearing shall be under such rules and
12regulations as may be prescribed by the Department of
13Agriculture or the Department of Public Health, as the case may
14be. If after such hearing it appears that this Act has not been
15violated, the order shall be rescinded. If it appears that this
16Act is being violated, and that the person, firm or corporation
17notified is responsible therefor, the previous order shall be
18confirmed or amended, as the facts shall warrant, and shall
19thereupon be final, but such additional time as is necessary
20may be granted within which to comply with the final order. If
21such person, firm or corporation is not present or represented
22when such final order is made, notice thereof shall be given as
23above provided. On failure of the party or parties to comply
24with the first order of the Department of Agriculture or the
25Department of Public Health, as the case may be, within the
26time prescribed, when no hearing is demanded, or upon failure



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1to comply with the final order within the time specified, the
2Department shall certify the facts to the State's Attorney of
3the county in which such violation occurred, and such State's
4Attorney shall proceed against the party or parties for the
5fines and penalties provided by this Act, and also for the
6abatement of the nuisance: Provided, that the proceedings
7herein prescribed for the abatement of nuisances as defined in
8this Act shall not in any manner relieve the violator from
9prosecution in the first instance for every such violation, nor
10from the penalties for such violation prescribed by Section 13.
11(Source: P.A. 81-1509.)