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


Sen. David Koehler

Filed: 4/20/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 457 by replacing
3everything after the enacting clause with the following:
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



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1person who produces or packages food or drink, other than foods
2and drinks listed as prohibited in paragraph (1.5) of
3subsection (b) of this Section, in a kitchen located in that
4person's primary domestic residence or another appropriately
5designed and equipped residential or commercial-style kitchen
6on that property for direct sale by the owner, a family member,
7or employee.
8    "Cut leafy greens" means fresh leafy greens whose leaves
9have been cut, shredded, sliced, chopped, or torn. "Cut leafy
10greens" does not mean cut to harvest leafy greens.
11    "Department" means the Department of Public Health.
12    "Farmers' market" means a common facility or area where
13farmers gather to sell a variety of fresh fruits and vegetables
14and other locally produced farm and food products directly to
16    "Leafy greens" includes iceberg lettuce; romaine lettuce;
17leaf lettuce; butter lettuce; baby leaf lettuce, such as
18immature lettuce or leafy greens; escarole; endive; spring mix;
19spinach; cabbage; kale; arugula; and chard. "Leafy greens" does
20not include microgreens or herbs such as cilantro or parsley.
21    "Main ingredient" means an agricultural product that is the
22defining or distinctive ingredient in a cottage food product,
23though not necessarily by predominance of weight.
24    "Microgreen" means an edible plant seedling grown in soil
25or substrate and harvested above the soil or substrate line.
26    "Potentially hazardous food" means a food that is



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1potentially hazardous according to the Department's
2administrative rules. Potentially hazardous food (PHF) in
3general means a food that requires time and temperature control
4for safety (TCS) to limit pathogenic microorganism growth or
5toxin formation.
6    "Sprout" means any seedling intended for human consumption
7that was produced in a manner that does not meet the definition
8of microgreen.
9    (b) Notwithstanding any other provision of law and except
10as provided in subsections (c), (d), and (e) of this Section,
11neither the Department nor the Department of Agriculture nor
12the health department of a unit of local government may
13regulate the transaction of food or drink by a cottage food
14operation providing that all of the following conditions are
16        (1) (Blank).
17        (1.5) A cottage food operation may produce homemade
18    food and drink. However, a cottage food operation, unless
19    properly licensed, certified, and compliant with all
20    requirements to sell a listed food item under the laws and
21    regulations pertinent to that food item, shall not sell or
22    offer to sell the following food items or processed foods
23    containing the following food items, except as indicated:
24            (A) meat, poultry, fish, seafood, or shellfish;
25            (B) dairy, except as an ingredient in a
26        non-potentially hazardous baked good or candy, such as



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



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1        that are dehydrated, acidified, or blanched and
2        frozen;
3            (I) cut or pureed fresh tomato or melon;
4            (J) dehydrated tomato or melon;
5            (K) frozen cut melon;
6            (L) wild-harvested, non-cultivated mushrooms; or
7            (M) alcoholic beverages, except when trace amounts
8        of alcohol are incidentally present in a beverage, such
9        as kombucha, that is commonly sold without age
10        restriction.
11        (1.6) In order to sell canned tomatoes or a canned
12    product containing tomatoes, a cottage food operator shall
13    either:
14            (A) follow exactly a recipe that has been tested by
15        the United States Department of Agriculture or by a
16        state cooperative extension located in this State or
17        any other state in the United States; or
18            (B) submit the recipe, at the cottage food
19        operator's expense, to a commercial laboratory to test
20        that the product has been adequately acidified; use
21        only the varietal or proportionate varietals of tomato
22        included in the tested recipe for all subsequent
23        batches of such recipe; and provide documentation of
24        the test results of the recipe submitted under this
25        subparagraph to an inspector upon request during any
26        inspection authorized by paragraph (2) of subsection



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1        (d).
2        (1.7) A State-certified local public health department
3    that regulates the service of food by a cottage food
4    operation in accordance with subsection (d) of this Section
5    may require a cottage food operation to submit a recipe for
6    any baked good containing cheese, at the cottage food
7    operator's expense, to a commercial laboratory to verify
8    that it is non-potentially hazardous before allowing the
9    cottage food operation to sell the baked good as a cottage
10    food.
11        (2) The food is to be sold at a farmers' market, with
12    the exception that cottage foods that have a locally grown
13    agricultural product as the main ingredient may be sold on
14    the farm where the agricultural product is grown or
15    delivered directly to the consumer.
16        (3) (Blank).
17        (4) The food packaging conforms to the labeling
18    requirements of the Illinois Food, Drug and Cosmetic Act
19    and includes the following information on the label of each
20    of its products:
21            (A) the name and address of the cottage food
22        operation;
23            (B) the common or usual name of the food product;
24            (C) all ingredients of the food product, including
25        any colors, artificial flavors, and preservatives,
26        listed in descending order by predominance of weight



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



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



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