Bill Status of SB 2007   102nd General Assembly

Short Description:  FOOD HANDLING-COTTAGE FOOD

Senate Sponsors
Sen. David Koehler-Melinda Bush, Laura Fine, Terri Bryant, Rachelle Crowe, Jil Tracy, Sally J. Turner and Laura M. Murphy-Jacqueline Y. Collins

House Sponsors
(Rep. Will Guzzardi-Mike Murphy-Jonathan Carroll-Kelly M. Cassidy, Joyce Mason, Thomas M. Bennett, Terra Costa Howard, Delia C. Ramirez, Lance Yednock, Tim Butler, Lindsey LaPointe, Anne Stava-Murray, Deb Conroy, Barbara Hernandez, Mark L. Walker, Norine K. Hammond, Charles Meier, Tom Weber and Avery Bourne)


Last Action  View All Actions

DateChamber Action
  8/27/2021SenatePublic Act . . . . . . . . . 102-0633

Statutes Amended In Order of Appearance
410 ILCS 625/4
410 ILCS 625/3.6 rep.

Synopsis As Introduced
Amends the Food Handling Regulation Enforcement Act. In provisions regarding cottage food operations: makes changes to definitions; requires cottage food operations to comply with specified requirements (rather than providing that specified entities may regulate the transaction of food or drink by a cottage food operation if the requirements are met); adds requirements for the sale of low-acid canned foods and fermented or acidified foods; provides that food and drink produced by a cottage food operation shall be sold directly to consumers for their own consumption and not for resale; removes language requiring State-certified local public health departments to regulate the service of food by a cottage food operation and allowing them to require a cottage food operation to submit specified canned foods to a commercial laboratory to verify specified information; requires local health departments to register eligible cottage food operations and issue certificates of registration; adds an exemption for a person who produces or packages a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes; preempts home rule; and makes other changes. Repeals provisions regarding home kitchen operations.

Senate Committee Amendment No. 1
Deletes reference to:
410 ILCS 625/3.6 rep.

Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Restores the definition of "farmers' market". Removes the definition of "hot fill and hold method". Provides that cottage food operations shall not sell or offer to sell low-acid canned foods (rather than listing specified varieties of low-acid canned foods). Provides that, in order to sell a fermented or acidified food, a cottage food operation shall (rather than a local health department may require a cottage food operation to) submit: (1) a recipe meeting specified requirements or (2) an annual written food safety plan and pH tests every 3 years (rather than only a pH test) meeting specified requirements. Provides that a local health department may require a water sample test to verify that the water source being used meets public safety standards related to E. coli coliform (rather than only meets public safety standards). Provides that food packaging may include the designation "Illinois-grown", "Illinois-sourced", or "Illinois farm product" if the products are local farm or food products as defined in specified provisions. Removes the repeal of provisions concerning home kitchen operations. Makes other changes.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Food Handling Regulation Enforcement Act. Removes specified provisions containing requirements for cottage food operations. Contains requirements for cottage food operations that sell fermented or acidified food and baked goods with cheese. Contains requirements for the preparation and packaging of products by a cottage food operation. Provides that food and drink produced by a cottage food operation shall be sold directly to consumers for their own consumption and not for resale. Provides that only food that is non-potentially hazardous may be shipped. Prohibits a cottage food product from being shipped out of State. Requires each cottage food product that is shipped to be sealed in a manner that reveals tampering. Provides that a local health department shall register any eligible cottage food operation that meets the requirements of the provisions and shall issue a certificate of registration with an identifying registration number to each registered cottage food operation. Provides that a local health department may establish a self-certification program for cottage food operators to affirm compliance with applicable laws, rules, and regulations. Provides that registration shall be completed annually and the local health department may impose a fee not to exceed $50. Provides for inspection, fees, and penalties in the event of a consumer complaint or foodborne illness outbreak, an imminent health hazard, or a product that has been found to be misbranded, adulterated, or not in compliance with the conditions for cottage food operations. Provides that a local health department that receives a consumer complaint or a report of foodborne illness related to a cottage food operator in another jurisdiction shall refer the complaint or report to the local health department where the cottage food operator is registered. Contains an exemption from the requirements for a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes. Contains a home rule preemption. Contains other provisions. Effective January 1, 2022.

Actions 
DateChamber Action
  2/26/2021SenateFiled with Secretary by Sen. David Koehler
  2/26/2021SenateFirst Reading
  2/26/2021SenateReferred to Assignments
  3/9/2021SenateAdded as Chief Co-Sponsor Sen. Melinda Bush
  3/16/2021SenateAssigned to Health
  3/22/2021SenateAdded as Co-Sponsor Sen. Laura Fine
  3/24/2021SenateTo Subcommittee on Public Health
  4/1/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. David Koehler
  4/1/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/6/2021SenateReported Back To Health; 005-000-000
  4/7/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Health
  4/13/2021SenateSenate Committee Amendment No. 1 Adopted
  4/14/2021SenateDo Pass as Amended Health; 015-000-000
  4/14/2021SenatePlaced on Calendar Order of 2nd Reading April 15, 2021
  4/14/2021SenateAdded as Co-Sponsor Sen. Terri Bryant
  4/19/2021SenateAdded as Co-Sponsor Sen. Rachelle Crowe
  4/20/2021SenateAdded as Co-Sponsor Sen. Jil Tracy
  4/20/2021SenateAdded as Co-Sponsor Sen. Sally J. Turner
  4/20/2021SenateSecond Reading
  4/20/2021SenatePlaced on Calendar Order of 3rd Reading April 21, 2021
  4/20/2021SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  4/22/2021SenateThird Reading - Passed; 057-000-000
  4/23/2021HouseArrived in House
  4/23/2021HouseChief House Sponsor Rep. Will Guzzardi
  4/23/2021HouseFirst Reading
  4/23/2021HouseReferred to Rules Committee
  5/3/2021HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  5/3/2021HouseAlternate Co-Sponsor Removed Rep. Kelly M. Cassidy
  5/4/2021HouseAssigned to Consumer Protection Committee
  5/4/2021SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/11/2021HouseDo Pass / Short Debate Consumer Protection Committee; 006-000-000
  5/12/2021HousePlaced on Calendar 2nd Reading - Short Debate
  5/12/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Will Guzzardi
  5/12/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/18/2021HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-001-000
  5/19/2021HouseAdded Alternate Co-Sponsor Rep. Joyce Mason
  5/19/2021HouseAdded Alternate Chief Co-Sponsor Rep. Mike Murphy
  5/19/2021HouseSecond Reading - Short Debate
  5/19/2021HouseHouse Floor Amendment No. 1 Adopted
  5/19/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/20/2021HouseThird Reading - Short Debate - Passed 116-000-001
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Thomas M. Bennett
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Terra Costa Howard
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Delia C. Ramirez
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Lance Yednock
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Tim Butler
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Lindsey LaPointe
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Anne Stava-Murray
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Deb Conroy
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Barbara Hernandez
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Mark L. Walker
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Norine K. Hammond
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Charles Meier
  5/20/2021HouseAdded Alternate Chief Co-Sponsor Rep. Jonathan Carroll
  5/20/2021HouseAdded Alternate Chief Co-Sponsor Rep. Kelly M. Cassidy
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Tom Weber
  5/20/2021HouseAdded Alternate Co-Sponsor Rep. Avery Bourne
  5/21/2021SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/21/2021SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 24, 2021
  5/24/2021SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. David Koehler
  5/24/2021SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/25/2021SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Health
  5/25/2021SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Health; 014-000-000
  5/30/2021SenateHouse Floor Amendment No. 1 Senate Concurs 059-000-000
  5/30/2021SenateSenate Concurs
  5/30/2021SenatePassed Both Houses
  6/28/2021SenateSent to the Governor
  8/27/2021SenateGovernor Approved
  8/27/2021SenateEffective Date January 1, 2022
  8/27/2021SenatePublic Act . . . . . . . . . 102-0633

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