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Public Act 100-0035


 

Public Act 0035 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0035
 
HB3063 EnrolledLRB100 07812 MJP 17879 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Food Handling Regulation Enforcement Act is
amended by changing Sections 3.6 and 4 as follows:
 
    (410 ILCS 625/3.6)
    Sec. 3.6. Home kitchen operation.
    (a) For the purpose of this Section, "home kitchen
operation" means a person who produces or packages
non-potentially hazardous baked goods, as allowed by
subsection (a-5), in a kitchen of that person's primary
domestic residence for direct sale by the owner or a family
member. As used in this Section, "baked good" has the meaning
given to that term under subparagraph (C) of paragraph (1) of
subsection (b) of Section 4 of this Act. A home kitchen
operation does not include a person who produces or packages
non-potentially hazardous baked goods for sale by a religious,
charitable, or nonprofit organization for fundraising
purposes; the production or packaging of non-potentially
hazardous baked goods for these purposes is exempt from the
requirements of this Act. 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 good,
    as described in Section 4 of this Act.
        (3) A notice is provided to the purchaser that the
    product was produced in a home kitchen.
        (4) The food package is affixed with a label or other
    written notice is provided to the purchaser that includes:
            (i) the common or usual name of the food product;
        and
            (ii) allergen labeling as specified in federal
        labeling requirements by the United States Food and
        Drug Administration.
        (5) The food is sold directly to the consumer.
        (6) The food is stored in the residence where it is
    produced or packaged.
    (a-5) Baked goods, such as, but not limited to, breads,
cookies, cakes, pies, and pastries are allowed. Only high-acid
fruit pies that use the following fruits are allowed: apple,
apricot, grape, peach, plum, quince, orange, nectarine,
tangerine, blackberry, raspberry, blueberry, boysenberry,
cherry, cranberry, strawberry, red currants, or a combination
of these fruits.
    (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 requirements of this Section apply only to a home
kitchen operation located in a municipality, township, or
county where the local governing body having the jurisdiction
to enforce this Act or the rules adopted under this Act has
adopted an ordinance authorizing home kitchen operations.
(Source: P.A. 98-643, eff. 6-10-14; 99-78, eff. 7-20-15;
99-191, eff. 1-1-16.)
 
    (410 ILCS 625/4)
    Sec. 4. Cottage food operation.
    (a) For the purpose of this Section:
    "Cottage food operation" means an operation conducted by a
person who produces or packages non-potentially hazardous food
or drink, other than foods and drinks listed as prohibited in
paragraph (1.5) of subsection (b) of this Section, in a kitchen
located in that person's primary domestic residence or another
appropriately designed and equipped residential or
commercial-style kitchen on that property for direct sale by
the owner, a family member, or employee stored in the residence
or appropriately designed and equipped residential or
commercial-style kitchen on that property where the food is
made.
    "Department" means the Department of Public Health.
    "Farmers' market" means a common facility or area where
farmers gather to sell a variety of fresh fruits and vegetables
and other locally produced farm and food products directly to
consumers.
    "Main ingredient" means an agricultural product that is the
defining or distinctive ingredient in a cottage food product,
though not necessarily by predominance of weight.
    "Potentially hazardous food" means a food that is
potentially hazardous according to the Department's
administrative rules. Potentially hazardous food (PHF) in
general means a food that requires time and temperature control
for safety (TCS) to limit pathogenic microorganism growth or
toxin formation.
    (b) Notwithstanding any other provision of law and except
as provided in subsections (c), (d), and (e) of this Section,
neither the Department nor the Department of Agriculture nor
the health department of a unit of local government may
regulate the transaction service of food or drink by a cottage
food operation providing that all of the following conditions
are met:
        (1) (Blank). The food is a non-potentially hazardous
    baked good, jam, jelly, preserve, fruit butter, dry herb,
    dry herb blend, dry tea blend, or similar product as
    adopted and specified by Department rules pursuant to
    subsection (e) of this Section, and is intended for end-use
    only. The following provisions shall apply:
            (A) The following jams, jellies and preserves are
        allowed: apple, apricot, grape, peach, plum, quince,
        orange, nectarine, tangerine, blackberry, raspberry,
        blueberry, boysenberry, cherry, cranberry, strawberry,
        red currants, or a combination of these fruits. Any
        other jams, jellies, or preserves not listed may be
        produced by a cottage food operation provided their
        recipe has been tested and documented by a commercial
        laboratory, at the expense of the cottage food
        operation, as being not potentially hazardous,
        containing a pH equilibrium of less than 4.6 or has
        been specified and adopted as allowed in
        administrative rules by the Department pursuant to
        subsection (e) of this Section.
            (B) The following fruit butters are allowed:
        apple, apricot, grape, peach, plum, quince, and prune.
        Pumpkin butter, banana butter, and pear butter are not
        allowed. Fruit butters not listed may be produced by a
        cottage food operation provided their recipe has been
        tested and documented by a commercial laboratory, at
        the expense of the cottage food operation, as being not
        potentially hazardous, containing a pH equilibrium of
        less than 4.6 or has been specified and adopted as
        allowed in administrative rules by the Department
        pursuant to subsection (e) of this Section.
            (C) Baked goods, such as, but not limited to,
        breads, cookies, cakes, pies, and pastries are
        allowed. Only high-acid fruit pies that use the
        following fruits are allowed: apple, apricot, grape,
        peach, plum, quince, orange, nectarine, tangerine,
        blackberry, raspberry, blueberry, boysenberry, cherry,
        cranberry, strawberry, red currants or a combination
        of these fruits. Fruit pies not listed may be produced
        by a cottage food operation provided their recipe has
        been tested and documented by a commercial laboratory,
        at the expense of the cottage food operation, as being
        not potentially hazardous, containing a pH equilibrium
        of less than 4.6 or has been specified and adopted as
        allowed in administrative rules by the Department
        pursuant to subsection (e) of this Section. The
        following are potentially hazardous and prohibited
        from production and sale by a cottage food operation:
        pumpkin pie, sweet potato pie, cheesecake, custard
        pies, creme pies, and pastries with potentially
        hazardous fillings or toppings.
        (1.5) A cottage food operation may produce homemade
    food and drink. However, a cottage food operation, unless
    properly licensed, certified, and compliant with all
    requirements to sell a listed food item under the laws and
    regulations pertinent to that food item, shall not sell or
    offer to sell the following food items or processed foods
    containing the following food items, except as indicated:
            (A) meat, poultry, fish, seafood, or shellfish;
            (B) dairy, except as an ingredient in a
        non-potentially hazardous baked good or candy, such as
        caramel;
            (C) eggs, except as an ingredient in a
        non-potentially hazardous baked good or in dry
        noodles;
            (D) pumpkin pies, sweet potato pies, cheesecakes,
        custard pies, creme pies, and pastries with
        potentially hazardous fillings or toppings;
            (E) garlic in oil;
            (F) canned foods, except for fruit jams, fruit
        jellies, fruit preserves, fruit butters, and acidified
        vegetables;
            (G) sprouts;
            (H) cut leafy greens, except for leafy greens that
        are dehydrated or blanched and frozen;
            (I) cut fresh tomato or melon;
            (J) dehydrated tomato or melon;
            (K) frozen cut melon;
            (L) wild-harvested, non-cultivated mushrooms; or
            (M) alcoholic beverages.
        (2) The food is to be sold at a farmers' market, with
    the exception that cottage foods that have a locally grown
    agricultural product as the main ingredient may be sold on
    the farm where the agricultural product is grown or
    delivered directly to the consumer.
        (3) (Blank). Gross receipts from the sale of food
    exempted under this Section do not exceed $36,000 in a
    calendar year.
        (4) The 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 cottage food
        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 cottage food operation is registered
    with the health department of a unit of local government
    where the cottage food operation resides. No fees shall be
    charged for registration. Registration shall be for a
    minimum period of one year.
        (6) The person preparing or packaging products as a
    cottage food operation has a Department approved Food
    Service Sanitation Management Certificate.
        (7) At the point of sale a placard is displayed in a
    prominent location that states the following: "This
    product was produced in a home kitchen not subject to
    public health inspection that may also process common food
    allergens.".
    (c) Notwithstanding the provisions of subsection (b) of
this Section, if the Department or the health department of a
unit of local government has received a consumer complaint or
has reason to believe that an imminent health hazard exists or
that a cottage food operation's product has been found to be
misbranded, adulterated, or not in compliance with the
exception for cottage food operations pursuant to this Section,
then it may invoke cessation of sales of cottage food products
until it deems that the situation has been addressed to the
satisfaction of the Department.
    (d) Notwithstanding the provisions of subsection (b) of
this Section, a State-certified local public health department
may, upon providing a written statement to the Department,
regulate the service of food by a cottage food operation. The
regulation by a State-certified local public health department
may include all of the following requirements:
        (1) That the cottage food operation (A) register with
    the State-certified local public health department, which
    shall be for a minimum of one year and include a reasonable
    fee set by the State-certified local public health
    department that is no greater than $25 notwithstanding
    paragraph (5) of subsection (b) of this Section and (B)
    agree in writing at the time of registration to grant
    access to the State-certified local public health
    department to conduct an inspection of the cottage food
    operation's primary domestic residence in the event of a
    consumer complaint or foodborne illness outbreak.
        (2) That in the event of a consumer complaint or
    foodborne illness outbreak the State-certified local
    public health department is allowed to (A) inspect the
    premises of the cottage food operation in question and (B)
    set a reasonable fee for that inspection.
    (e) The Department may adopt rules as may be necessary to
implement the provisions of this Section.
(Source: P.A. 98-660, eff. 6-23-14; 99-191, eff. 1-1-16.)

Effective Date: 1/1/2018