SB0457 EngrossedLRB100 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    "Acidify" means to reduce the potential of hydrogen of a
10food to 4.6 or lower by means of pickling, fermenting, or
11adding an acidic ingredient, such as vinegar, citric acid, or
12citrus juice.
13    "Canned food" means food processed and preserved in a new
14glass jar or bottle that has been sealed with a new lid by
15means of heat or pressure.
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    "Farmers' market" means a common facility or area where
6farmers gather to sell a variety of fresh fruits and vegetables
7and other locally produced farm and food products directly to
9    "Leafy greens" includes iceberg lettuce; romaine lettuce;
10leaf lettuce; butter lettuce; baby leaf lettuce, such as
11immature lettuce or leafy greens; escarole; endive; spring mix;
12spinach; cabbage; kale; arugula; and chard. "Leafy greens" does
13not include microgreens or herbs such as cilantro or parsley.
14    "Main ingredient" means an agricultural product that is the
15defining or distinctive ingredient in a cottage food product,
16though not necessarily by predominance of weight.
17    "Microgreen" means an edible plant seedling grown in soil
18or substrate and harvested above the soil or substrate line.
19    "Potentially hazardous food" means a food that is
20potentially hazardous according to the Department's
21administrative rules. Potentially hazardous food (PHF) in
22general means a food that requires time and temperature control
23for safety (TCS) to limit pathogenic microorganism growth or
24toxin formation.
25    "Sprout" means any seedling intended for human consumption
26that was produced in a manner that does not meet the definition



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1of microgreen.
2    (b) Notwithstanding any other provision of law and except
3as provided in subsections (c), (d), and (e) of this Section,
4neither the Department nor the Department of Agriculture nor
5the health department of a unit of local government may
6regulate the transaction of food or drink by a cottage food
7operation providing that all of the following conditions are
9        (1) (Blank).
10        (1.5) A cottage food operation may produce homemade
11    food and drink. However, a cottage food operation, unless
12    properly licensed, certified, and compliant with all
13    requirements to sell a listed food item under the laws and
14    regulations pertinent to that food item, shall not sell or
15    offer to sell the following food items or processed foods
16    containing the following food items, except as indicated:
17            (A) meat, poultry, fish, seafood, or shellfish;
18            (B) dairy, except as an ingredient in a
19        non-potentially hazardous baked good or candy, such as
20        caramel;
21            (C) eggs, except as an ingredient in a
22        non-potentially hazardous baked good or in dry
23        noodles;
24            (D) pumpkin pies, sweet potato pies, cheesecakes,
25        custard pies, creme pies, and pastries with
26        potentially hazardous fillings or toppings;



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1            (E) raw garlic in oil or oil infused with raw
2        garlic, except if the raw garlic oil is acidified;
3            (F) canned foods, except for the following, which
4        may be canned only in new jars or bottles with new
5        lids:
6                (i) fruit jams, fruit jellies, fruit
7            preserves, or fruit butters; ,
8                (ii) syrups;
9                (iii) whole or cut fruit canned in syrup; and
10                (iv) acidified fruit or vegetables prepared
11            and offered for sale in compliance with paragraph
12            (1.6); and
13                (v) condiments such as prepared mustard,
14            horseradish, or ketchup that do not contain
15            ingredients prohibited under this Section and that
16            are prepared and offered for sale in compliance
17            with paragraph (1.6);
18            (G) sprouts;
19            (H) cut leafy greens, except for cut leafy greens
20        that are dehydrated, acidified, or blanched and
21        frozen;
22            (I) cut or pureed fresh tomato or melon;
23            (J) dehydrated tomato or melon;
24            (K) frozen cut melon;
25            (L) wild-harvested, non-cultivated mushrooms; or
26            (M) alcoholic beverages, except when trace amounts



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1        of alcohol are incidentally present in a beverage, such
2        as kombucha, that is commonly sold without age
3        restriction.
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 recipe for
25    any baked good containing cheese, at the cottage food
26    operator's expense, to a commercial laboratory to verify



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1    that it is non-potentially hazardous before allowing the
2    cottage food operation to sell the baked good as a cottage
3    food.
4        (2) The food is to be sold at a farmers' market, with
5    the exception that cottage foods that have a locally grown
6    agricultural product as the main ingredient may be sold on
7    the farm where the agricultural product is grown or
8    delivered directly to the consumer.
9        (3) (Blank).
10        (4) The food packaging conforms to the labeling
11    requirements of the Illinois Food, Drug and Cosmetic Act
12    and includes the following information on the label of each
13    of its products:
14            (A) the name and address of the cottage food
15        operation;
16            (B) the common or usual name of the food product;
17            (C) all ingredients of the food product, including
18        any colors, artificial flavors, and preservatives,
19        listed in descending order by predominance of weight
20        shown with common or usual names;
21            (D) the following phrase: "This product was
22        produced in a home kitchen not subject to public health
23        inspection that may also process common food
24        allergens.";
25            (E) the date the product was processed; and
26            (F) allergen labeling as specified in federal



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1        labeling requirements.
2        (5) The name and residence of the person preparing and
3    selling products as a cottage food operation is registered
4    with the health department of a unit of local government
5    where the cottage food operation resides. No fees shall be
6    charged for registration. Registration shall be for a
7    minimum period of one year.
8        (6) The person preparing or packaging products as a
9    cottage food operation has a Department approved Food
10    Service Sanitation Management Certificate.
11        (7) At the point of sale a placard is displayed in a
12    prominent location that states the following: "This
13    product was produced in a home kitchen not subject to
14    public health inspection that may also process common food
15    allergens.".
16    (c) Notwithstanding the provisions of subsection (b) of
17this Section, if the Department or the health department of a
18unit of local government has received a consumer complaint or
19has reason to believe that an imminent health hazard exists or
20that a cottage food operation's product has been found to be
21misbranded, adulterated, or not in compliance with the
22exception for cottage food operations pursuant to this Section,
23then it may invoke cessation of sales of cottage food products
24until it deems that the situation has been addressed to the
25satisfaction of the Department.
26    (d) Notwithstanding the provisions of subsection (b) of



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1this Section, a State-certified local public health department
2may, upon providing a written statement to the Department,
3regulate the service of food by a cottage food operation. The
4regulation by a State-certified local public health department
5may include all of the following requirements:
6        (1) That the cottage food operation (A) register with
7    the State-certified local public health department, which
8    shall be for a minimum of one year and include a reasonable
9    fee set by the State-certified local public health
10    department that is no greater than $25 notwithstanding
11    paragraph (5) of subsection (b) of this Section and (B)
12    agree in writing at the time of registration to grant
13    access to the State-certified local public health
14    department to conduct an inspection of the cottage food
15    operation's primary domestic residence in the event of a
16    consumer complaint or foodborne illness outbreak.
17        (2) That in the event of a consumer complaint or
18    foodborne illness outbreak the State-certified local
19    public health department is allowed to (A) inspect the
20    premises of the cottage food operation in question and (B)
21    set a reasonable fee for that inspection.
22    (e) The Department may adopt rules as may be necessary to
23implement the provisions of this Section.
24(Source: P.A. 99-191, eff. 1-1-16; 100-35, eff. 1-1-18.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.