State of Illinois
2011 and 2012


Introduced 1/27/2011, by Sen. David Koehler


410 ILCS 625/4 new
410 ILCS 650/11  from Ch. 56 1/2, par. 77

    Amends the Food Handling Regulation Enforcement Act. Sets forth definitions for "cottage food operation" and "non-potentially hazardous food". Provides that notwithstanding any other provision of law, neither the Department of Public Health nor the Department of Agriculture nor the health department of a unit of local government may regulate the service of food by a cottage food operation providing that certain conditions are met. Amends the Sanitary Food Preparation Act to make a corresponding change.

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1    AN ACT concerning public 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
10    packages non-potentially hazardous food in a kitchen of
11    that person's primary domestic residence.
12        "Non-potentially hazardous food" means a food that is
13    not potentially hazardous food as that term is defined in
14    the Federal Food and Drug Administration Food Code (FDA
15    1999, Pt 1-201.10(B)(61)), which includes, but is not
16    limited to baked goods, jams, jellies, fruit butters,
17    candy, granola, granola bars, vinegar, dried herbs, and dry
18    seasoning blends. "Non-potentially hazardous food" does
19    not include home-canned low-acid or acidified vegetables,
20    home-canned salsa, cheese, garlic in oil, custard pies,
21    home-produced ice products, or any food that requires
22    temperature control for safety.
23    (b) Notwithstanding any other provision of law and except



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1as provided in subsection (c) of this Section, neither the
2Department of Public Health nor the Department of Agriculture
3nor the health department of a unit of local government may
4regulate the service of food by a cottage food operation
5providing that all of the following conditions are met:
6        (1) The food is a non-potentially hazardous food.
7        (2) The food is to be sold at a farmers' market or
8    community event.
9        (3) Gross receipts from the sale of food exempted under
10    this Section do not exceed $25,000 in a calendar year.
11        (4) The food packaging conforms to the labeling
12    requirements of the Illinois Food, Drug and Cosmetic Act
13    and includes the following information on the label of each
14    of its food products:
15            (A) the name and address of the cottage food
16        operation;
17            (B) the common or usual name of the food product;
18            (C) the ingredients of the food product, listed in
19        descending order by predominance of weight shown with
20        common or usual names;
21            (D) the following phrase: "This product is
22        homemade and not subject to state inspection."; and
23            (E) the date the product was processed.
24        (5) The name and residence of the person preparing and
25    selling products as a cottage food operation is registered
26    with the Department of Public Health and the Department of



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1    Agriculture. No fees shall be charged for registration.
2        (6) The person preparing and selling products as a
3    cottage food operation has a Department of Public Health
4    approved Food Service Sanitation Management Certificate.
5    (c) Notwithstanding the provisions of subsection (b) of
6this Section, if the Department of Public Health has reason to
7believe that an imminent health hazard exists or a cottage food
8operation's product has been found to be misbranded,
9adulterated, or not in compliance with the exception for
10cottage food operations pursuant to this Section, then it may
11invoke cessation of sales until it deems that the situation has
12been addressed to the satisfaction of the Department.
13    Section 10. The Sanitary Food Preparation Act is amended by
14changing Section 11 as follows:
15    (410 ILCS 650/11)  (from Ch. 56 1/2, par. 77)
16    Sec. 11. Except as hereinafter provided and as provided in
17Section 4 of the Food Handling Regulation Enforcement Act, the
18Department of Public Health shall enforce this Act, and for
19that purpose it may at all times enter every such building,
20room, basement, inclosure or premises occupied or used or
21suspected of being occupied or used for the production,
22preparation or manufacture for sale, or the storage, sale,
23distribution or transportation of such food, to inspect the
24premises and all utensils, fixtures, furniture and machinery



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1used as aforesaid; and if upon inspection any such food
2producing or distribution establishment, conveyance, or
3employer, employee, clerk, driver or other person is found to
4be violating any of the provisions of this Act, or if the
5production, preparation, manufacture, packing, storage, sale,
6distribution or transportation of such food is being conducted
7in a manner detrimental to the health of the employees and
8operatives, or to the character or quality of the food therein
9being produced, manufactured, packed, stored, sold,
10distributed or conveyed, the officer or inspector making the
11inspection or examination shall report such conditions and
12violations to the Department. The Department of Agriculture
13shall have exclusive jurisdiction for the enforcement of this
14Act insofar as it relates to establishments defined by Section
152.5 of "The Meat and Poultry Inspection Act", approved July 22,
161959, as heretofore or hereafter amended. The Department of
17Agriculture or Department of Public Health, as the case may be,
18shall thereupon issue a written order to the person, firm or
19corporation responsible for the violation or condition
20aforesaid to abate such condition or violation or to make such
21changes or improvements as may be necessary to abate them,
22within such reasonable time as may be required. Notice of the
23order may be served by delivering a copy thereof to the person,
24firm or corporation, or by sending a copy thereof by registered
25mail, and the receipt thereof through the post office shall be
26prima facie evidence that notice of the order has been



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1received. Such person, firm or corporation may appear in person
2or by attorney before the Department of Agriculture or the
3Department of Public Health, as the case may be, within the
4time limited in the order, and shall be given an opportunity to
5be heard and to show why such order or instructions should not
6be obeyed. The hearing shall be under such rules and
7regulations as may be prescribed by the Department of
8Agriculture or the Department of Public Health, as the case may
9be. If after such hearing it appears that this Act has not been
10violated, the order shall be rescinded. If it appears that this
11Act is being violated, and that the person, firm or corporation
12notified is responsible therefor, the previous order shall be
13confirmed or amended, as the facts shall warrant, and shall
14thereupon be final, but such additional time as is necessary
15may be granted within which to comply with the final order. If
16such person, firm or corporation is not present or represented
17when such final order is made, notice thereof shall be given as
18above provided. On failure of the party or parties to comply
19with the first order of the Department of Agriculture or the
20Department of Public Health, as the case may be, within the
21time prescribed, when no hearing is demanded, or upon failure
22to comply with the final order within the time specified, the
23Department shall certify the facts to the State's Attorney of
24the county in which such violation occurred, and such State's
25Attorney shall proceed against the party or parties for the
26fines and penalties provided by this Act, and also for the



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1abatement of the nuisance: Provided, that the proceedings
2herein prescribed for the abatement of nuisances as defined in
3this Act shall not in any manner relieve the violator from
4prosecution in the first instance for every such violation, nor
5from the penalties for such violation prescribed by Section 13.
6(Source: P.A. 81-1509.)