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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    "Potentially hazardous food" means a food that is
15potentially hazardous according to the Federal Food and Drug
16Administration 2009 Food Code (FDA 2009 Food Code) or any
17subsequent amendments to the FDA 2009 Food Code. Potentially
18hazardous food (PHF) in general means a food that requires time
19and temperature control for safety (TCS) to limit pathogenic
20microorganism growth or toxin formation. In accordance with the
21FDA 2009 Food Code, potentially hazardous food does not include
22a food item that because of its pH or Aw value, or interaction
23of Aw and pH values, is designated as a non-PHF/non-TCS food in



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1Table A or B of the FDA 2009 Food Code's potentially hazardous
2food definition.
3    (b) Notwithstanding any other provision of law and except
4as provided in subsection (c) of this Section, neither the
5Department of Public Health nor the Department of Agriculture
6nor the health department of a unit of local government may
7regulate the service of food by a cottage food operation
8providing that all of the following conditions are met:
9        (1) The food is not a potentially hazardous baked good,
10    jam, jelly, preserve, fruit butter, dry herb, dry herb
11    blend, or dry tea blend and is intended for end-use only.
12    The following provisions shall apply:
13            (A) The following jams, jellies and preserves are
14        allowed: apple, apricot, grape, peach, plum, quince,
15        orange, nectarine, tangerine, blackberry, raspberry,
16        blueberry, boysenberry, cherry, cranberry, strawberry,
17        red currants, or a combination of these fruits.
18        Rhubarb, tomato, and pepper jellies or jams are not
19        allowed. Any other jams, jellies, or preserves not
20        listed may be produced by a cottage food operation
21        provided their recipe has been tested and documented by
22        a commercial laboratory, at the expense of the cottage
23        food operation, as being not potentially hazardous,
24        containing a pH equilibrium of less than 4.6.
25            (B) The following fruit butters are allowed:
26        apple, apricot, grape, peach, plum, quince, and prune.



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



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1    this Section do not exceed $25,000 in a calendar year.
2        (4) The food packaging conforms to the labeling
3    requirements of the Illinois Food, Drug and Cosmetic Act
4    and includes the following information on the label of each
5    of its products:
6            (A) the name and address of the cottage food
7        operation;
8            (B) the common or usual name of the food product;
9            (C) all ingredients of the food product, including
10        any colors, artificial flavors, and preservatives,
11        listed in descending order by predominance of weight
12        shown with common or usual names;
13            (D) the following phrase: "This product was
14        produced in a home kitchen not subject to public health
15        inspection that may also process common food
16        allergens.";
17            (E) the date the product was processed; and
18            (F) allergen labeling as specified in federal
19        labeling requirements.
20        (5) The name and residence of the person preparing and
21    selling products as a cottage food operation is registered
22    with the health department of a unit of local government
23    where the cottage food operation resides. No fees shall be
24    charged for registration.
25        (6) The person preparing and selling products as a
26    cottage food operation has a Department of Public Health



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1    approved Food Service Sanitation Management Certificate.
2        (7) At the point of sale a placard is displayed in a
3    prominent location that states the following: "This
4    product was produced in a home kitchen not subject to
5    public health inspection that may also process common food
6    allergens.".
7    (c) Notwithstanding the provisions of subsection (b) of
8this Section, if the Department of Public Health or the health
9department of a unit of local government has received a
10consumer complaint or has reason to believe that an imminent
11health hazard exists or that a cottage food operation's product
12has been found to be misbranded, adulterated, or not in
13compliance with the exception for cottage food operations
14pursuant to this Section, then it may invoke cessation of sales
15until it deems that the situation has been addressed to the
16satisfaction of the Department.
17    Section 10. The Sanitary Food Preparation Act is amended by
18changing Section 11 as follows:
19    (410 ILCS 650/11)  (from Ch. 56 1/2, par. 77)
20    Sec. 11. Except as hereinafter provided and as provided in
21Section 4 of the Food Handling Regulation Enforcement Act, the
22Department of Public Health shall enforce this Act, and for
23that purpose it may at all times enter every such building,
24room, basement, inclosure or premises occupied or used or



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1suspected of being occupied or used for the production,
2preparation or manufacture for sale, or the storage, sale,
3distribution or transportation of such food, to inspect the
4premises and all utensils, fixtures, furniture and machinery
5used as aforesaid; and if upon inspection any such food
6producing or distribution establishment, conveyance, or
7employer, employee, clerk, driver or other person is found to
8be violating any of the provisions of this Act, or if the
9production, preparation, manufacture, packing, storage, sale,
10distribution or transportation of such food is being conducted
11in a manner detrimental to the health of the employees and
12operatives, or to the character or quality of the food therein
13being produced, manufactured, packed, stored, sold,
14distributed or conveyed, the officer or inspector making the
15inspection or examination shall report such conditions and
16violations to the Department. The Department of Agriculture
17shall have exclusive jurisdiction for the enforcement of this
18Act insofar as it relates to establishments defined by Section
192.5 of "The Meat and Poultry Inspection Act", approved July 22,
201959, as heretofore or hereafter amended. The Department of
21Agriculture or Department of Public Health, as the case may be,
22shall thereupon issue a written order to the person, firm or
23corporation responsible for the violation or condition
24aforesaid to abate such condition or violation or to make such
25changes or improvements as may be necessary to abate them,
26within such reasonable time as may be required. Notice of the



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



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