HB5354 98TH GENERAL ASSEMBLY

LRB098 19952 RPM 55177 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5354

Introduced , by Rep. Charles E. Meier

SYNOPSIS AS INTRODUCED:

410 ILCS 625/3.4 new

Amends the Food Handling Regulation Enforcement Act. Defines "home kitchen operation" and provides that neither the Department of Public Health nor the health department of a unit of local government may regulate the service of food by a home kitchen operation. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public 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 adding Section 3.4 as follows:

(410 ILCS 625/3.4 new)

Sec. 3.4. Home kitchen operation.

(a) For the purpose of this Section, "home kitchen operation" means a person who produces or packages non-potentially hazardous food in a kitchen of that person's primary domestic residence for direct sale by the owner or a family member, or for sale by a religious, charitable, or nonprofit organization, stored in the residence where the food is made. 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 not a potentially hazardous baked food, as defined in Section 4 of this Act.

(3) A notice is provided to the purchaser that the product was produced in a home kitchen.

(b) Notwithstanding any other provision of law, neither the Department of Public Health nor the health department of a unit of local government may regulate the service of food by a home kitchen operation.

Section 99. Effective date. This Act takes effect upon becoming law.