Illinois General Assembly - Full Text of SB0457
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Full Text of SB0457  100th General Assembly



SB0457 EnrolledLRB100 05001 RLC 15011 b

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 changing Section 4 as follows:
6    (410 ILCS 625/4)
7    Sec. 4. Cottage food operation.
8    (a) For the purpose of this Section:
9    A food is "acidified" if: (i) acid or acid ingredients are
10added to it to produce a final equilibrium pH of 4.6 or below;
11or (ii) it is fermented to produce a final equilibrium pH of
124.6 or below.
13    "Canned food" means food preserved in air-tight,
14vacuum-sealed containers that are heat processed sufficiently
15to enable storing the food at normal home temperatures.
16    "Cottage food operation" means an operation conducted by a
17person who produces or packages food or drink, other than foods
18and drinks listed as prohibited in paragraph (1.5) of
19subsection (b) of this Section, in a kitchen located in that
20person's primary domestic residence or another appropriately
21designed and equipped residential or commercial-style kitchen
22on that property for direct sale by the owner, a family member,
23or employee.



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1    "Cut leafy greens" means fresh leafy greens whose leaves
2have been cut, shredded, sliced, chopped, or torn. "Cut leafy
3greens" does not mean cut-to-harvest leafy greens.
4    "Department" means the Department of Public Health.
5    "Equilibrium pH" means the final potential of hydrogen
6measured in an acidified food after all the components of the
7food have achieved the same acidity.
8    "Farmers' market" means a common facility or area where
9farmers gather to sell a variety of fresh fruits and vegetables
10and other locally produced farm and food products directly to
12    "Leafy greens" includes iceberg lettuce; romaine lettuce;
13leaf lettuce; butter lettuce; baby leaf lettuce, such as
14immature lettuce or leafy greens; escarole; endive; spring mix;
15spinach; cabbage; kale; arugula; and chard. "Leafy greens" does
16not include microgreens or herbs such as cilantro or parsley.
17    "Main ingredient" means an agricultural product that is the
18defining or distinctive ingredient in a cottage food product,
19though not necessarily by predominance of weight.
20    "Microgreen" means an edible plant seedling grown in soil
21or substrate and harvested above the soil or substrate line.
22    "Potentially hazardous food" means a food that is
23potentially hazardous according to the Department's
24administrative rules. Potentially hazardous food (PHF) in
25general means a food that requires time and temperature control
26for safety (TCS) to limit pathogenic microorganism growth or



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1toxin formation.
2    "Sprout" means any seedling intended for human consumption
3that was produced in a manner that does not meet the definition
4of microgreen.
5    (b) Notwithstanding any other provision of law and except
6as provided in subsections (c), (d), and (e) of this Section,
7neither the Department nor the Department of Agriculture nor
8the health department of a unit of local government may
9regulate the transaction of food or drink by a cottage food
10operation providing that all of the following conditions are
12        (1) (Blank).
13        (1.5) A cottage food operation may produce homemade
14    food and drink. However, a cottage food operation, unless
15    properly licensed, certified, and compliant with all
16    requirements to sell a listed food item under the laws and
17    regulations pertinent to that food item, shall not sell or
18    offer to sell the following food items or processed foods
19    containing the following food items, except as indicated:
20            (A) meat, poultry, fish, seafood, or shellfish;
21            (B) dairy, except as an ingredient in a
22        non-potentially hazardous baked good or candy, such as
23        caramel, subject to paragraph (1.8);
24            (C) eggs, except as an ingredient in a
25        non-potentially hazardous baked good or in dry
26        noodles;



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1            (D) pumpkin pies, sweet potato pies, cheesecakes,
2        custard pies, creme pies, and pastries with
3        potentially hazardous fillings or toppings;
4            (E) garlic in oil or oil infused with garlic,
5        except if the garlic oil is acidified;
6            (F) canned foods, except for the following, which
7        may be canned only in Mason-style jars with new lids:
8                (i) fruit jams, fruit jellies, fruit
9            preserves, or fruit butters; ,
10                (ii) syrups;
11                (iii) whole or cut fruit canned in syrup; and
12                (iv) acidified fruit or vegetables prepared
13            and offered for sale in compliance with paragraph
14            (1.6); and
15                (v) condiments such as prepared mustard,
16            horseradish, or ketchup that do not contain
17            ingredients prohibited under this Section and that
18            are prepared and offered for sale in compliance
19            with paragraph (1.6);
20            (G) sprouts;
21            (H) cut leafy greens, except for cut leafy greens
22        that are dehydrated, acidified, or blanched and
23        frozen;
24            (I) cut or pureed fresh tomato or melon;
25            (J) dehydrated tomato or melon;
26            (K) frozen cut melon;



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1            (L) wild-harvested, non-cultivated mushrooms; or
2            (M) alcoholic beverages; or
3            (N) kombucha.
4        (1.6) In order to sell canned tomatoes or a canned
5    product containing tomatoes, a cottage food operator shall
6    either:
7            (A) follow exactly a recipe that has been tested by
8        the United States Department of Agriculture or by a
9        state cooperative extension located in this State or
10        any other state in the United States; or
11            (B) submit the recipe, at the cottage food
12        operator's expense, to a commercial laboratory to test
13        that the product has been adequately acidified; use
14        only the varietal or proportionate varietals of tomato
15        included in the tested recipe for all subsequent
16        batches of such recipe; and provide documentation of
17        the test results of the recipe submitted under this
18        subparagraph to an inspector upon request during any
19        inspection authorized by paragraph (2) of subsection
20        (d).
21        (1.7) A State-certified local public health department
22    that regulates the service of food by a cottage food
23    operation in accordance with subsection (d) of this Section
24    may require a cottage food operation to submit a canned
25    food that is subject to paragraph (1.6), at the cottage
26    food operator's expense, to a commercial laboratory to



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1    verify that the product has a final equilibrium pH of 4.6
2    or below.
3        (1.8) A State-certified local public health department
4    that regulates the service of food by a cottage food
5    operation in accordance with subsection (d) of this Section
6    may require a cottage food operation to submit a recipe for
7    any baked good containing cheese, at the cottage food
8    operator's expense, to a commercial laboratory to verify
9    that it is non-potentially hazardous before allowing the
10    cottage food operation to sell the baked good as a cottage
11    food.
12        (2) The food is to be sold at a farmers' market, with
13    the exception that cottage foods that have a locally grown
14    agricultural product as the main ingredient may be sold on
15    the farm where the agricultural product is grown or
16    delivered directly to the consumer.
17        (3) (Blank).
18        (4) The food packaging conforms to the labeling
19    requirements of the Illinois Food, Drug and Cosmetic Act
20    and includes the following information on the label of each
21    of its products:
22            (A) the name and address of the cottage food
23        operation;
24            (B) the common or usual name of the food product;
25            (C) all ingredients of the food product, including
26        any colors, artificial flavors, and preservatives,



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1        listed in descending order by predominance of weight
2        shown with common or usual names;
3            (D) the following phrase: "This product was
4        produced in a home kitchen not subject to public health
5        inspection that may also process common food
6        allergens.";
7            (E) the date the product was processed; and
8            (F) allergen labeling as specified in federal
9        labeling requirements.
10        (5) The name and residence of the person preparing and
11    selling products as a cottage food operation is registered
12    with the health department of a unit of local government
13    where the cottage food operation resides. No fees shall be
14    charged for registration. Registration shall be for a
15    minimum period of one year.
16        (6) The person preparing or packaging products as a
17    cottage food operation has a Department approved Food
18    Service Sanitation Management Certificate.
19        (7) At the point of sale a placard is displayed in a
20    prominent location that states the following: "This
21    product was produced in a home kitchen not subject to
22    public health inspection that may also process common food
23    allergens.".
24    (c) Notwithstanding the provisions of subsection (b) of
25this Section, if the Department or the health department of a
26unit of local government has received a consumer complaint or



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1has reason to believe that an imminent health hazard exists or
2that a cottage food operation's product has been found to be
3misbranded, adulterated, or not in compliance with the
4exception for cottage food operations pursuant to this Section,
5then it may invoke cessation of sales of cottage food products
6until it deems that the situation has been addressed to the
7satisfaction of the Department.
8    (d) Notwithstanding the provisions of subsection (b) of
9this Section, a State-certified local public health department
10may, upon providing a written statement to the Department,
11regulate the service of food by a cottage food operation. The
12regulation by a State-certified local public health department
13may include all of the following requirements:
14        (1) That the cottage food operation (A) register with
15    the State-certified local public health department, which
16    shall be for a minimum of one year and include a reasonable
17    fee set by the State-certified local public health
18    department that is no greater than $25 notwithstanding
19    paragraph (5) of subsection (b) of this Section and (B)
20    agree in writing at the time of registration to grant
21    access to the State-certified local public health
22    department to conduct an inspection of the cottage food
23    operation's primary domestic residence in the event of a
24    consumer complaint or foodborne illness outbreak.
25        (2) That in the event of a consumer complaint or
26    foodborne illness outbreak the State-certified local



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1    public health department is allowed to (A) inspect the
2    premises of the cottage food operation in question and (B)
3    set a reasonable fee for that inspection.
4    (e) The Department may adopt rules as may be necessary to
5implement the provisions of this Section.
6(Source: P.A. 99-191, eff. 1-1-16; 100-35, eff. 1-1-18.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.