|
Sen. Kyle McCarter
Filed: 5/23/2014
| | 09800HB5354sam003 | | LRB098 19952 RPM 59961 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 5354
|
2 | | AMENDMENT NO. ______. Amend House Bill 5354, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
|
5 | | "Section 5. The Food Handling Regulation Enforcement Act is |
6 | | amended by adding Section 3.4 as follows: |
7 | | (410 ILCS 625/3.4 new) |
8 | | Sec. 3.4. Home kitchen operation. |
9 | | (a) For the purpose of this Section, "home kitchen |
10 | | operation" means a person who produces non-potentially |
11 | | hazardous food in a kitchen of that person's primary domestic |
12 | | residence for direct sale by the owner or a family member. |
13 | | (b) Notwithstanding any other provision of law and except |
14 | | as provided in subsections (c), (d), and (e) of this Section, |
15 | | neither the Department of Public Health nor the Department of |
16 | | Agriculture nor the health department of a unit of local |
|
| | 09800HB5354sam003 | - 2 - | LRB098 19952 RPM 59961 a |
|
|
1 | | government may regulate the service of food by a home kitchen |
2 | | operation providing that all of the following conditions are |
3 | | met: |
4 | | (1) Monthly gross sales do not exceed $1,000. |
5 | | (2) The food is a non-potentially hazardous baked food, |
6 | | as defined in Section 4 of this Act. |
7 | | (3) A written notice is provided to the purchaser that |
8 | | the product was produced in a home kitchen. |
9 | | (4) The non-potentially hazardous baked food packaging |
10 | | conforms to the labeling requirements of the Illinois Food, |
11 | | Drug and Cosmetic Act and includes the following |
12 | | information on the label of each of its products: |
13 | | (A) the name and address of the home kitchen |
14 | | operation; |
15 | | (B) the common or usual name of the food product; |
16 | | (C) all ingredients of the food product, including |
17 | | any colors, artificial flavors, and preservatives, |
18 | | listed in descending order by predominance of weight |
19 | | shown with common or usual names; |
20 | | (D) the following phrase: "This product was |
21 | | produced in a home kitchen not subject to public health |
22 | | inspection that may also process common food |
23 | | allergens."; |
24 | | (E) the date the product was processed; and |
25 | | (F) allergen labeling as specified in federal |
26 | | labeling requirements. |
|
| | 09800HB5354sam003 | - 3 - | LRB098 19952 RPM 59961 a |
|
|
1 | | (5) The person preparing and selling products or the |
2 | | person providing supervisory and management responsibility |
3 | | for product preparation and sales as a home kitchen |
4 | | operation has a Department of Public Health approved Food |
5 | | Service Sanitation Management Certificate. |
6 | | (6) The certified food service sanitation manager of |
7 | | the home kitchen operation shall register with the |
8 | | State-certified local public health department, which may |
9 | | include a reasonable fee set by the State-certified local |
10 | | public health department that is no greater than $25. |
11 | | (c) Home kitchen operations with gross sales of less than |
12 | | $250 per month shall be exempt from the provisions of |
13 | | subsection (b) of this Section. |
14 | | (d) The Department of Public Health or the health |
15 | | department of a unit of local government may inspect a home |
16 | | kitchen operation in the event of a complaint or disease |
17 | | outbreak. |
18 | | (e) The provision for direct sales in this Section applies |
19 | | only to a home kitchen operation located in a municipality, |
20 | | township, or county where the local governing body has adopted |
21 | | an ordinance authorizing the direct sale of baked goods as |
22 | | described in Section 4 of this Act.
|
23 | | Section 99. Effective date. This Act takes effect upon |
24 | | becoming law.".
|