Public Act 100-1069
 
SB0457 EnrolledLRB100 05001 RLC 15011 b

    AN ACT concerning 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 changing Section 4 as follows:
 
    (410 ILCS 625/4)
    Sec. 4. Cottage food operation.
    (a) For the purpose of this Section:
    A food is "acidified" if: (i) acid or acid ingredients are
added to it to produce a final equilibrium pH of 4.6 or below;
or (ii) it is fermented to produce a final equilibrium pH of
4.6 or below.
    "Canned food" means food preserved in air-tight,
vacuum-sealed containers that are heat processed sufficiently
to enable storing the food at normal home temperatures.
    "Cottage food operation" means an operation conducted by a
person who produces or packages food or drink, other than foods
and drinks listed as prohibited in paragraph (1.5) of
subsection (b) of this Section, in a kitchen located in that
person's primary domestic residence or another appropriately
designed and equipped residential or commercial-style kitchen
on that property for direct sale by the owner, a family member,
or employee.
    "Cut leafy greens" means fresh leafy greens whose leaves
have been cut, shredded, sliced, chopped, or torn. "Cut leafy
greens" does not mean cut-to-harvest leafy greens.
    "Department" means the Department of Public Health.
    "Equilibrium pH" means the final potential of hydrogen
measured in an acidified food after all the components of the
food have achieved the same acidity.
    "Farmers' market" means a common facility or area where
farmers gather to sell a variety of fresh fruits and vegetables
and other locally produced farm and food products directly to
consumers.
    "Leafy greens" includes iceberg lettuce; romaine lettuce;
leaf lettuce; butter lettuce; baby leaf lettuce, such as
immature lettuce or leafy greens; escarole; endive; spring mix;
spinach; cabbage; kale; arugula; and chard. "Leafy greens" does
not include microgreens or herbs such as cilantro or parsley.
    "Main ingredient" means an agricultural product that is the
defining or distinctive ingredient in a cottage food product,
though not necessarily by predominance of weight.
    "Microgreen" means an edible plant seedling grown in soil
or substrate and harvested above the soil or substrate line.
    "Potentially hazardous food" means a food that is
potentially hazardous according to the Department's
administrative rules. Potentially hazardous food (PHF) in
general means a food that requires time and temperature control
for safety (TCS) to limit pathogenic microorganism growth or
toxin formation.
    "Sprout" means any seedling intended for human consumption
that was produced in a manner that does not meet the definition
of microgreen.
    (b) Notwithstanding any other provision of law and except
as provided in subsections (c), (d), and (e) of this Section,
neither the Department nor the Department of Agriculture nor
the health department of a unit of local government may
regulate the transaction of food or drink by a cottage food
operation providing that all of the following conditions are
met:
        (1) (Blank).
        (1.5) A cottage food operation may produce homemade
    food and drink. However, a cottage food operation, unless
    properly licensed, certified, and compliant with all
    requirements to sell a listed food item under the laws and
    regulations pertinent to that food item, shall not sell or
    offer to sell the following food items or processed foods
    containing the following food items, except as indicated:
            (A) meat, poultry, fish, seafood, or shellfish;
            (B) dairy, except as an ingredient in a
        non-potentially hazardous baked good or candy, such as
        caramel, subject to paragraph (1.8);
            (C) eggs, except as an ingredient in a
        non-potentially hazardous baked good or in dry
        noodles;
            (D) pumpkin pies, sweet potato pies, cheesecakes,
        custard pies, creme pies, and pastries with
        potentially hazardous fillings or toppings;
            (E) garlic in oil or oil infused with garlic,
        except if the garlic oil is acidified;
            (F) canned foods, except for the following, which
        may be canned only in Mason-style jars with new lids:
                (i) fruit jams, fruit jellies, fruit
            preserves, or fruit butters; ,
                (ii) syrups;
                (iii) whole or cut fruit canned in syrup; and
                (iv) acidified fruit or vegetables prepared
            and offered for sale in compliance with paragraph
            (1.6); and
                (v) condiments such as prepared mustard,
            horseradish, or ketchup that do not contain
            ingredients prohibited under this Section and that
            are prepared and offered for sale in compliance
            with paragraph (1.6);
            (G) sprouts;
            (H) cut leafy greens, except for cut leafy greens
        that are dehydrated, acidified, or blanched and
        frozen;
            (I) cut or pureed fresh tomato or melon;
            (J) dehydrated tomato or melon;
            (K) frozen cut melon;
            (L) wild-harvested, non-cultivated mushrooms; or
            (M) alcoholic beverages; or
            (N) kombucha.
        (1.6) In order to sell canned tomatoes or a canned
    product containing tomatoes, a cottage food operator shall
    either:
            (A) follow exactly a recipe that has been tested by
        the United States Department of Agriculture or by a
        state cooperative extension located in this State or
        any other state in the United States; or
            (B) submit the recipe, at the cottage food
        operator's expense, to a commercial laboratory to test
        that the product has been adequately acidified; use
        only the varietal or proportionate varietals of tomato
        included in the tested recipe for all subsequent
        batches of such recipe; and provide documentation of
        the test results of the recipe submitted under this
        subparagraph to an inspector upon request during any
        inspection authorized by paragraph (2) of subsection
        (d).
        (1.7) A State-certified local public health department
    that regulates the service of food by a cottage food
    operation in accordance with subsection (d) of this Section
    may require a cottage food operation to submit a canned
    food that is subject to paragraph (1.6), at the cottage
    food operator's expense, to a commercial laboratory to
    verify that the product has a final equilibrium pH of 4.6
    or below.
        (1.8) A State-certified local public health department
    that regulates the service of food by a cottage food
    operation in accordance with subsection (d) of this Section
    may require a cottage food operation to submit a recipe for
    any baked good containing cheese, at the cottage food
    operator's expense, to a commercial laboratory to verify
    that it is non-potentially hazardous before allowing the
    cottage food operation to sell the baked good as a cottage
    food.
        (2) The food is to be sold at a farmers' market, with
    the exception that cottage foods that have a locally grown
    agricultural product as the main ingredient may be sold on
    the farm where the agricultural product is grown or
    delivered directly to the consumer.
        (3) (Blank).
        (4) The 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 cottage food
        operation;
            (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
        allergens.";
            (E) the date the product was processed; and
            (F) allergen labeling as specified in federal
        labeling requirements.
        (5) The name and residence of the person preparing and
    selling products as a cottage food operation is registered
    with the health department of a unit of local government
    where the cottage food operation resides. No fees shall be
    charged for registration. Registration shall be for a
    minimum period of one year.
        (6) The person preparing or packaging products as a
    cottage food operation has a Department approved Food
    Service Sanitation Management Certificate.
        (7) At the point of sale a placard is displayed in a
    prominent location that states the following: "This
    product was produced in a home kitchen not subject to
    public health inspection that may also process common food
    allergens.".
    (c) Notwithstanding the provisions of subsection (b) of
this Section, if the Department or the health department of a
unit of local government has received a consumer complaint or
has reason to believe that an imminent health hazard exists or
that a cottage food operation's product has been found to be
misbranded, adulterated, or not in compliance with the
exception for cottage food operations pursuant to this Section,
then it may invoke cessation of sales of cottage food products
until it deems that the situation has been addressed to the
satisfaction of the Department.
    (d) Notwithstanding the provisions of subsection (b) of
this Section, a State-certified local public health department
may, upon providing a written statement to the Department,
regulate the service of food by a cottage food operation. The
regulation by a State-certified local public health department
may include all of the following requirements:
        (1) That the cottage food operation (A) register with
    the State-certified local public health department, which
    shall be for a minimum of one year and include a reasonable
    fee set by the State-certified local public health
    department that is no greater than $25 notwithstanding
    paragraph (5) of subsection (b) of this Section and (B)
    agree in writing at the time of registration to grant
    access to the State-certified local public health
    department to conduct an inspection of the cottage food
    operation's primary domestic residence in the event of a
    consumer complaint or foodborne illness outbreak.
        (2) That in the event of a consumer complaint or
    foodborne illness outbreak the State-certified local
    public health department is allowed to (A) inspect the
    premises of the cottage food operation in question and (B)
    set a reasonable fee for that inspection.
    (e) The Department may adopt rules as may be necessary to
implement the provisions of this Section.
(Source: P.A. 99-191, eff. 1-1-16; 100-35, eff. 1-1-18.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2018