103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4121

 

Introduced , by Rep. Barbara Hernandez

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 625/4

    Amends the Food Handling Regulation Enforcement Act. Provides that if a cottage food operation is located in another state, it must register with the local health department for the unit of local government where it will sell products. Provides that a cottage food product shall not be shipped out of State unless it is compliant with the laws of the state to which it is being shipped. Provides that a local health department may establish policies to allow for the indirect sale by retailers of food and drink produced by a cottage food operation within its jurisdiction. Makes conforming changes.


LRB103 33712 SPS 63524 b

 

 

A BILL FOR

 

HB4121LRB103 33712 SPS 63524 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    A food is "acidified" if: (i) acid or acid ingredients are
10added to it to produce a final equilibrium pH of 4.6 or below;
11or (ii) it is fermented to produce a final equilibrium pH of
124.6 or below.
13    "Canned food" means food that has been heat processed
14sufficiently under United States Department of Agriculture
15guidelines to enable storing the food at normal home
16temperatures.
17    "Cottage food operation" means an operation conducted by a
18person who produces or packages food or drink, other than
19foods and drinks listed as prohibited in paragraph (1.5) of
20subsection (b) of this Section, in a kitchen located in that
21person's primary domestic residence or another appropriately
22designed and equipped kitchen on a farm for direct sale by the
23owner, a family member, or 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    "Equilibrium pH" means the final potential of hydrogen
6measured in an acidified food after all the components of the
7food have achieved the same acidity.
8    "Farmers' market" means a common facility or area where
9farmers gather to sell a variety of fresh fruits and
10vegetables and other locally produced farm and food products
11directly to consumers.
12    "Leafy greens" includes iceberg lettuce; romaine lettuce;
13leaf lettuce; butter lettuce; baby leaf lettuce, such as
14immature lettuce or leafy greens; escarole; endive; spring
15mix; spinach; cabbage; kale; arugula; and chard. "Leafy
16greens" does not include microgreens or herbs such as cilantro
17or parsley.
18    "Local health department" means a State-certified health
19department of a unit of local government in which a cottage
20food operation is located or registered.
21    "Local public health department association" means an
22association solely representing 2 or more State-certified
23local health departments.
24    "Low-acid canned food" means any canned food with a
25finished equilibrium pH greater than 4.6 and a water activity
26(aw) greater than 0.85.

 

 

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1    "Microgreen" means an edible plant seedling grown in soil
2or substrate and harvested above the soil or substrate line.
3    "Potentially hazardous food" means a food that is
4potentially hazardous according to the Department's
5administrative rules. Potentially hazardous food (PHF) in
6general means a food that requires time and temperature
7control for safety (TCS) to limit pathogenic microorganism
8growth or toxin formation.
9    "Sprout" means any seedling intended for human consumption
10that was produced in a manner that does not meet the definition
11of microgreen.
12    (b) A cottage food operation may produce homemade food and
13drink provided that all of the following conditions are met:
14        (1) (Blank).
15        (1.3) A cottage food operation must register with the
16    local health department for the unit of local government
17    in which it is located, but may sell products outside of
18    the unit of local government where the cottage food
19    operation is located. If a cottage food operation is
20    located in another state, it must register with the local
21    health department for the unit of local government where
22    it will sell products. A copy of the certificate of
23    registration must be available upon request by any local
24    health department.
25        (1.5) A cottage food operation shall not sell or offer
26    to sell the following food items or processed foods

 

 

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1    containing the following food items, except as indicated:
2            (A) meat, poultry, fish, seafood, or shellfish;
3            (B) dairy, except as an ingredient in a
4        non-potentially hazardous baked good or candy, such as
5        caramel, subject to paragraph (4), or as an ingredient
6        in a baked good frosting, such as buttercream;
7            (C) eggs, except as an ingredient in a
8        non-potentially hazardous food, including dry noodles,
9        or as an ingredient in a baked good frosting, such as
10        buttercream, if the eggs are not raw;
11            (D) pumpkin pies, sweet potato pies, cheesecakes,
12        custard pies, creme pies, and pastries with
13        potentially hazardous fillings or toppings;
14            (E) garlic in oil or oil infused with garlic,
15        except if the garlic oil is acidified;
16            (F) low-acid canned foods;
17            (G) sprouts;
18            (H) cut leafy greens, except for cut leafy greens
19        that are dehydrated, acidified, or blanched and
20        frozen;
21            (I) cut or pureed fresh tomato or melon;
22            (J) dehydrated tomato or melon;
23            (K) frozen cut melon;
24            (L) wild-harvested, non-cultivated mushrooms;
25            (M) alcoholic beverages; or
26            (N) kombucha.

 

 

HB4121- 5 -LRB103 33712 SPS 63524 b

1        (1.6) In order to sell canned tomatoes or a canned
2    product containing tomatoes, a cottage food operator shall
3    either:
4            (A) follow exactly a recipe that has been tested
5        by the United States Department of Agriculture or by a
6        state cooperative extension located in this State or
7        any other state in the United States; or
8            (B) submit the recipe, at the cottage food
9        operator's expense, to a commercial laboratory
10        according to the commercial laboratory's directions to
11        test that the product has been adequately acidified;
12        use only the varietal or proportionate varietals of
13        tomato included in the tested recipe for all
14        subsequent batches of such recipe; and provide
15        documentation of the annual test results of the recipe
16        submitted under this subparagraph upon registration
17        and to an inspector upon request during any inspection
18        authorized by subsection (d).
19        (2) In order to sell a fermented or acidified food, a
20    cottage food operation shall either:
21            (A) submit a recipe that has been tested by the
22        United States Department of Agriculture or a
23        cooperative extension system located in this State or
24        any other state in the United States; or
25            (B) submit a written food safety plan for each
26        category of products for which the cottage food

 

 

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1        operator uses the same procedures, such as pickles,
2        kimchi, or hot sauce, and a pH test for a single
3        product that is representative of that category; the
4        written food safety plan shall be submitted annually
5        upon registration and each pH test shall be submitted
6        every 3 years; the food safety plan shall adhere to
7        guidelines developed by the Department.
8        (3) A fermented or acidified food shall be packaged
9    according to one of the following standards:
10            (A) A fermented or acidified food that is canned
11        must be processed in a boiling water bath in a
12        Mason-style jar or glass container with a
13        tight-fitting lid.
14            (B) A fermented or acidified food that is not
15        canned shall be sold in any container that is new,
16        clean, and seals properly and must be stored,
17        transported, and sold at or below 41 degrees.
18        (4) In order to sell a baked good with cheese, a local
19    health department may require a cottage food operation to
20    submit a recipe, at the cottage food operator's expense,
21    to a commercial laboratory to verify that it is
22    non-potentially hazardous before allowing the cottage food
23    operation to sell the baked good as a cottage food.
24        (5) For a cottage food operation that does not utilize
25    a municipal water supply, such as an operation using a
26    private well, a local health department may require a

 

 

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1    water sample test to verify that the water source being
2    used meets public safety standards related to E. coli
3    coliform. If a test is requested, it must be conducted at
4    the cottage food operator's expense.
5        (6) A person preparing or packaging a product as part
6    of a cottage food operation must be a Department-approved
7    certified food protection manager.
8        (7) Food packaging must conform with the labeling
9    requirements of the Illinois Food, Drug and Cosmetic Act.
10    A cottage food product shall be prepackaged and the food
11    packaging shall be affixed with a prominent label that
12    includes the following:
13            (A) the name of the cottage food operation and
14        unit of local government in which the cottage food
15        operation is located or registered;
16            (B) the identifying registration number provided
17        by the local health department on the certificate of
18        registration and the name of the municipality or
19        county in which the registration was filed;
20            (C) the common or usual name of the food product;
21            (D) all ingredients of the food product, including
22        any color, artificial flavor, and preservative, listed
23        in descending order by predominance of weight shown
24        with the common or usual names;
25            (E) the following phrase in prominent lettering:
26        "This product was produced in a home kitchen not

 

 

HB4121- 8 -LRB103 33712 SPS 63524 b

1        inspected by a health department that may also process
2        common food allergens. If you have safety concerns,
3        contact your local health department.";
4            (F) the date the product was processed; and
5            (G) allergen labeling as specified under federal
6        labeling requirements.
7        (8) Food packaging may include the designation
8    "Illinois-grown", "Illinois-sourced", or "Illinois farm
9    product" if the packaged product is a local farm or food
10    product as that term is defined in Section 5 of the Local
11    Food, Farms, and Jobs Act.
12        (9) In the case of a product that is difficult to
13    properly label or package, or for other reasons, such as
14    wholesale purchases, the local health department of the
15    location where the product is sold may grant permission to
16    sell products that are not prepackaged, in which case
17    other prominent written notice shall be provided to the
18    purchaser.
19        (10) At the point of sale, notice must be provided in a
20    prominent location that states the following: "This
21    product was produced in a home kitchen not inspected by a
22    health department that may also process common food
23    allergens." At a physical display, notice shall be a
24    placard. Online, notice shall be a message on the cottage
25    food operation's online sales interface at the point of
26    sale.

 

 

HB4121- 9 -LRB103 33712 SPS 63524 b

1        (11) Food and drink produced by a cottage food
2    operation shall be sold directly to consumers for their
3    own consumption and not for resale. Sales directly to
4    consumers include, but are not limited to, sales at or
5    through:
6            (A) farmers' markets;
7            (B) fairs, festivals, public events, or online;
8            (C) pickup from the private home or farm of the
9        cottage food operator, if the pickup is not prohibited
10        by any law of the unit of local government that applies
11        equally to all cottage food operations; in a
12        municipality with a population of 1,000,000 or more, a
13        cottage food operator shall comply with any law of the
14        municipality that applies equally to all home-based
15        businesses;
16            (D) delivery to the customer; and
17            (E) pickup from a third-party private property
18        with the consent of the third-party property holder.
19        (12) Only food that is non-potentially hazardous may
20    be shipped. A cottage food product shall not be shipped
21    out of State unless it is compliant with the laws of the
22    state to which it is being shipped. Each cottage food
23    product that is shipped must be sealed in a manner that
24    reveals tampering, including, but not limited to, a
25    sticker or pop top.
26    (c) A local health department shall register any eligible

 

 

HB4121- 10 -LRB103 33712 SPS 63524 b

1cottage food operation that meets the requirements of this
2Section and shall issue a certificate of registration with an
3identifying registration number to each registered cottage
4food operation. A local health department may establish a
5self-certification program for cottage food operators to
6affirm compliance with applicable laws, rules, and
7regulations. Registration shall be completed annually and the
8local health department may impose a fee not to exceed $50.
9    (c-5) A local health department may establish policies to
10allow for the indirect sale by retailers of food and drink
11produced by a cottage food operation within its jurisdiction.
12    (d) In the event of a consumer complaint or foodborne
13illness outbreak, upon notice from a different local health
14department, or if the Department or a local health department
15has reason to believe that an imminent health hazard exists or
16that a cottage food operation's product has been found to be
17misbranded, adulterated, or not in compliance with the
18conditions for cottage food operations set forth in this
19Section, the Department or the local health department may:
20        (1) inspect the premises of the cottage food operation
21    in question;
22        (2) set a reasonable fee for the inspection; and
23        (3) invoke penalties and the cessation of the sale of
24    cottage food products until it deems that the situation
25    has been addressed to the satisfaction of the Department
26    or local health department; if the situation is not

 

 

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1    amenable to being addressed, the local health department
2    may revoke the cottage food operation's registration
3    following a process outlined by the local health
4    department.
5    (e) A local health department that receives a consumer
6complaint or a report of foodborne illness related to a
7cottage food operator in another jurisdiction shall refer the
8complaint or report to the local health department where the
9cottage food operator is registered.
10    (f) By January 1, 2022, the Department, in collaboration
11with local public health department associations and other
12stakeholder groups, shall write and issue administrative
13guidance to local health departments on the following:
14        (1) development of a standard registration form,
15    including, if applicable, a written food safety plan;
16        (2) development of a Home-Certification Self Checklist
17    Form;
18        (3) development of a standard inspection form and
19    inspection procedures; and
20        (4) procedures for cottage food operation workspaces
21    that include, but are not limited to, cleaning products,
22    general sanitation, and requirements for functional
23    equipment.
24    (g) A person who produces or packages a non-potentially
25hazardous baked good for sale by a religious, charitable, or
26nonprofit organization for fundraising purposes is exempt from

 

 

HB4121- 12 -LRB103 33712 SPS 63524 b

1the requirements of this Section.
2    (h) A home rule unit may not regulate cottage food
3operations in a manner inconsistent with the regulation by the
4State of cottage food operations under this Section. This
5Section is a limitation under subsection (i) of Section 6 of
6Article VII of the Illinois Constitution on the concurrent
7exercise by home rule units of powers and functions exercised
8by the State.
9    (i) The Department may adopt rules as may be necessary to
10implement the provisions of this Section.
11(Source: P.A. 101-81, eff. 7-12-19; 102-633, eff. 1-1-22.)