Sen. Kyle McCarter
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AMENDMENT TO HOUSE BILL 5354
AMENDMENT NO. ______. Amend House Bill 5354, AS AMENDED, by
replacing everything after the enacting clause with the
The Food Handling Regulation Enforcement Act is
amended by adding Section 3.4 as follows:
(410 ILCS 625/3.4 new)
Home kitchen operation.
(a) For the purpose of this Section, "home kitchen
operation" means a person who produces non-potentially
hazardous food in a kitchen of that person's primary domestic
residence for direct sale by the owner or a family member.
(b) Notwithstanding any other provision of law and except
as provided in subsections (c), (d), and (e) of this Section,
neither the Department of Public Health nor the Department of
Agriculture nor the health department of a unit of local
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government may regulate the service of food by a home kitchen
operation providing that all of the following conditions are
(1) Monthly gross sales do not exceed $1,000.
(2) The food is a non-potentially hazardous baked food,
as defined in Section 4 of this Act.
(3) A written notice is provided to the purchaser that
the product was produced in a home kitchen.
(4) The non-potentially hazardous baked food packaging
conforms to the labeling requirements of the Illinois Food,
Drug and Cosmetic Act and includes the following
information on the label of each of its products:
(A) the name and address of the home kitchen
(B) the common or usual name of the food product;
(C) all ingredients of the food product, including
any colors, artificial flavors, and preservatives,
listed in descending order by predominance of weight
shown with common or usual names;
(D) the following phrase: "This product was
produced in a home kitchen not subject to public health
inspection that may also process common food
(E) the date the product was processed; and
(F) allergen labeling as specified in federal
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(5) The person preparing and selling products or the
person providing supervisory and management responsibility
for product preparation and sales as a home kitchen
operation has a Department of Public Health approved Food
Service Sanitation Management Certificate.
(6) The certified food service sanitation manager of
the home kitchen operation shall register with the
State-certified local public health department, which may
include a reasonable fee set by the State-certified local
public health department that is no greater than $25.
(c) Home kitchen operations with gross sales of less than
$250 per month shall be exempt from the provisions of
subsection (b) of this Section.
(d) The Department of Public Health or the health
department of a unit of local government may inspect a home
kitchen operation in the event of a complaint or disease
(e) The provision for direct sales in this Section applies
only to a home kitchen operation located in a municipality,
township, or county where the local governing body has adopted
an ordinance authorizing the direct sale of baked goods as
described in Section 4 of this Act.
This Act takes effect upon