Illinois General Assembly - Full Text of HB5354
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Full Text of HB5354  98th General Assembly


Sen. Donne E. Trotter

Filed: 5/9/2014





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2    AMENDMENT NO. ______. Amend House Bill 5354 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Food Handling Regulation Enforcement Act is
5amended by adding Section 3.4 as follows:
6    (410 ILCS 625/3.4 new)
7    Sec. 3.4. Home kitchen operation.
8    (a) For the purpose of this Section, "home kitchen
9operation" means a person who produces or packages
10non-potentially hazardous food in a kitchen of that person's
11primary domestic residence for direct sale by the owner or a
12family member, or for sale by a religious, charitable, or
13nonprofit organization, stored in the residence where the food
14is made. The following conditions must be met in order to
15qualify as a home kitchen operation:
16        (1) Monthly gross sales do not exceed $1,000.



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1        (2) The food is a non-potentially hazardous baked food,
2    as defined in Section 4 of this Act.
3        (3) A written notice is provided to the purchaser that
4    the product was produced in a home kitchen.
5        (4) The non-potentially hazardous baked food packaging
6    conforms to the labeling requirements of the Illinois Food,
7    Drug and Cosmetic Act and includes the following
8    information on the label of each of its products:
9            (A) the name and address of the home kitchen
10        operation;
11            (B) the common or usual name of the food product;
12            (C) all ingredients of the food product, including
13        any colors, artificial flavors, and preservatives,
14        listed in descending order by predominance of weight
15        shown with common or usual names;
16            (D) the following phrase: "This product was
17        produced in a home kitchen not subject to public health
18        inspection that may also process common food
19        allergens.";
20            (E) the date the product was processed; and
21            (F) allergen labeling as specified in federal
22        labeling requirements.
23        (5) The name and residence of the person preparing and
24    selling products as a home kitchen operation is registered
25    with the unit of local government where the home kitchen
26    operation resides.



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1        (6) The person preparing and selling products as a home
2    kitchen operation has a Department of Public Health
3    approved Food Service Sanitation Management Certificate.
4        (7) The home kitchen operation shall register with the
5    State-certified local public health department, which may
6    include a reasonable fee set by the State-certified local
7    public health department.
8    (b) The Department of Public Health or the health
9department of a unit of local government may inspect a home
10kitchen operation in the event of a complaint or disease
12    (c) The provision for direct sales in this Section applies
13only to a home kitchen operation located in a municipality,
14township, or county where the local governing body has adopted
15an ordinance authorizing the direct sale of baked goods as
16described in Section 4 of this Act.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".