HB5354sam001 98TH GENERAL ASSEMBLY

Sen. Donne E. Trotter

Filed: 5/9/2014

09800HB5354sam001 LRB098 19952 RPM 59220 a

AMENDMENT TO HOUSE BILL 5354

AMENDMENT NO. ______. Amend House Bill 5354 by replacing everything after the enacting clause with the following:

"Section 5. The Food Handling Regulation Enforcement Act is amended by adding Section 3.4 as follows:

(410 ILCS 625/3.4 new)

Sec. 3.4. Home kitchen operation.

(a) For the purpose of this Section, "home kitchen operation" means a person who produces or packages non-potentially hazardous food in a kitchen of that person's primary domestic residence for direct sale by the owner or a family member, or for sale by a religious, charitable, or nonprofit organization, stored in the residence where the food is made. The following conditions must be met in order to qualify as a home kitchen operation:

(1) Monthly gross sales do not exceed $1,000.

(2) The food is a non-potentially hazardous baked food, as defined in Section 4 of this Act.

(3) A written notice is provided to the purchaser that the product was produced in a home kitchen.

(4) The non-potentially hazardous baked food packaging conforms to the labeling requirements of the Illinois Food, Drug and Cosmetic Act and includes the following information on the label of each of its products:

(A) the name and address of the home kitchen operation;

(B) the common or usual name of the food product;

(C) all ingredients of the food product, including any colors, artificial flavors, and preservatives, listed in descending order by predominance of weight shown with common or usual names;

(D) the following phrase: "This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens.";

(E) the date the product was processed; and

(F) allergen labeling as specified in federal labeling requirements.

(5) The name and residence of the person preparing and selling products as a home kitchen operation is registered with the unit of local government where the home kitchen operation resides.

(6) The person preparing and selling products as a home kitchen operation has a Department of Public Health approved Food Service Sanitation Management Certificate.

(7) The home kitchen operation shall register with the State-certified local public health department, which may include a reasonable fee set by the State-certified local public health department.

(b) The Department of Public Health or the health department of a unit of local government may inspect a home kitchen operation in the event of a complaint or disease outbreak.

(c) The provision for direct sales in this Section applies only to a home kitchen operation located in a municipality, township, or county where the local governing body has adopted an ordinance authorizing the direct sale of baked goods as described in Section 4 of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.".