Full Text of SB0840 97th General Assembly
SB0840enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Food Handling Regulation Enforcement Act is | 5 | | amended 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 that | 11 | | person's primary domestic residence for direct sale by the | 12 | | owner or a family member, stored in the residence where the | 13 | | food is made. | 14 | | "Farmers' market" means a common facility or area where
| 15 | | farmers gather to sell a variety of fresh fruits and vegetables
| 16 | | and other locally produced farm and food products directly to
| 17 | | consumers. | 18 | | "Potentially hazardous food" means a food that is | 19 | | potentially hazardous according to the Federal Food and Drug | 20 | | Administration 2009 Food Code (FDA 2009 Food Code) or any | 21 | | subsequent amendments to the FDA 2009 Food Code. Potentially | 22 | | hazardous food (PHF) in general means a food that requires time | 23 | | and temperature control for safety (TCS) to limit pathogenic |
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| 1 | | microorganism growth or toxin formation. In accordance with the | 2 | | FDA 2009 Food Code, potentially hazardous food does not include | 3 | | a food item that because of its pH or Aw value, or interaction | 4 | | of Aw and pH values, is designated as a non-PHF/non-TCS food in | 5 | | Table A or B of the FDA 2009 Food Code's potentially hazardous | 6 | | food definition. | 7 | | (b) Notwithstanding any other provision of law and except | 8 | | as provided in subsections (c) and (d) of this Section, neither | 9 | | the Department of Public Health nor the Department of | 10 | | Agriculture nor the health department of a unit of local | 11 | | government may regulate the service of food by a cottage food | 12 | | operation providing that all of the following conditions are | 13 | | met: | 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 | 13 | | this Section, if the Department of Public Health or the health | 14 | | department of a unit of local government has received a | 15 | | consumer complaint or has reason to believe that an imminent | 16 | | health hazard exists or that a cottage food operation's product | 17 | | has been found to be misbranded, adulterated, or not in | 18 | | compliance with the exception for cottage food operations | 19 | | pursuant to this Section, then it may invoke cessation of sales | 20 | | until it deems that the situation has been addressed to the | 21 | | satisfaction of the Department. | 22 | | (d) Notwithstanding the provisions of subsection (b) of | 23 | | this Section, a State-certified local public health department | 24 | | may, upon providing a written statement to the Department of | 25 | | Public Health, regulate the service of food by a cottage food | 26 | | operation. The regulation by a State-certified local public |
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| 1 | | health department may include all of the following | 2 | | requirements: | 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 | 19 | | changing 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 | 22 | | Section 4 of the Food Handling Regulation Enforcement Act , the | 23 | | Department of Public
Health shall enforce this Act, and for | 24 | | that purpose it may at all times
enter every such building, |
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| 1 | | room, basement, inclosure or premises
occupied or used or | 2 | | suspected of being occupied or used for the
production, | 3 | | preparation or manufacture for sale, or the storage, sale,
| 4 | | distribution or transportation of such food, to inspect the | 5 | | premises and
all utensils, fixtures, furniture and machinery | 6 | | used as aforesaid; and
if upon inspection any such food | 7 | | producing or distribution
establishment, conveyance, or | 8 | | employer, employee, clerk, driver or other
person is found to | 9 | | be violating any of the provisions of this Act, or if
the | 10 | | production, preparation, manufacture, packing, storage, sale,
| 11 | | distribution or transportation of such food is being conducted | 12 | | in a
manner detrimental to the health of the employees and | 13 | | operatives, or to
the character or quality of the food therein | 14 | | being produced,
manufactured, packed, stored, sold, | 15 | | distributed or conveyed, the officer
or inspector making the | 16 | | inspection or examination shall report such
conditions and | 17 | | violations to the Department. The Department of
Agriculture | 18 | | shall have exclusive jurisdiction for the enforcement of
this | 19 | | Act insofar as it relates to establishments defined by Section | 20 | | 2.5
of "The Meat and Poultry Inspection Act", approved July
22, | 21 | | 1959, as heretofore or hereafter amended. The Department of
| 22 | | Agriculture or Department of Public Health, as the case may be, | 23 | | shall
thereupon issue a written order to the person, firm or | 24 | | corporation
responsible for the violation or condition | 25 | | aforesaid to abate such
condition or violation or to make such | 26 | | changes or improvements as may be
necessary to abate them, |
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| 1 | | within such reasonable time as may be required.
Notice of the | 2 | | order may be served by delivering a copy thereof to the
person, | 3 | | firm or corporation, or by sending a copy thereof by registered
| 4 | | mail, and the receipt thereof through the post office shall be | 5 | | prima
facie evidence that notice of the order has been | 6 | | received. Such person,
firm or corporation may appear in person | 7 | | or by attorney before the
Department of Agriculture or the | 8 | | Department of Public Health, as the
case may be, within the | 9 | | time limited in the order, and shall be given an
opportunity to | 10 | | be heard and to show why such order or instructions
should not | 11 | | be obeyed. The hearing shall be under such rules and
| 12 | | regulations as may be prescribed by the Department of | 13 | | Agriculture or the
Department of Public Health, as the case may | 14 | | be. If after such hearing
it appears that this Act has not been | 15 | | violated, the order shall be
rescinded. If it appears that this | 16 | | Act is being violated, and that the
person, firm or corporation | 17 | | notified is responsible therefor, the
previous order shall be | 18 | | confirmed or amended, as the facts shall
warrant, and shall | 19 | | thereupon be final, but such additional time as is
necessary | 20 | | may be granted within which to comply with the final order. If
| 21 | | such person, firm or corporation is not present or represented | 22 | | when such
final order is made, notice thereof shall be given as | 23 | | above provided. On
failure of the party or parties to comply | 24 | | with the first order of the
Department of Agriculture or the | 25 | | Department of Public Health, as the
case may be, within the | 26 | | time prescribed, when no hearing is demanded, or
upon failure |
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| 1 | | to comply with the final order within the time specified,
the | 2 | | Department shall certify the facts to the State's Attorney of | 3 | | the
county in which such violation occurred, and such State's | 4 | | Attorney shall
proceed against the party or parties for the | 5 | | fines and penalties
provided by this Act, and also for the | 6 | | abatement of the nuisance:
Provided, that the proceedings | 7 | | herein prescribed for the abatement of
nuisances as defined in | 8 | | this Act shall not in any manner relieve the
violator from | 9 | | prosecution in the first instance for every such
violation, nor | 10 | | from the penalties for such violation prescribed by
Section 13.
| 11 | | (Source: P.A. 81-1509.)
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