Full Text of HB3063 100th General Assembly
HB3063eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Food Handling Regulation Enforcement Act is | 5 | | amended by changing Sections 3.6 and 4 as follows: | 6 | | (410 ILCS 625/3.6) | 7 | | Sec. 3.6. Home kitchen operation. | 8 | | (a) For the purpose of this Section, "home kitchen | 9 | | operation" means a person who produces or packages | 10 | | non-potentially hazardous baked goods , as allowed by | 11 | | subsection (a-5), in a kitchen of that person's primary | 12 | | domestic residence for direct sale by the owner or a family | 13 | | member. As used in this Section, "baked good" has the meaning | 14 | | given to that term under subparagraph (C) of paragraph (1) of | 15 | | subsection (b) of Section 4 of this Act. A home kitchen | 16 | | operation does not include a person who produces or packages | 17 | | non-potentially hazardous baked goods for sale by a religious, | 18 | | charitable, or nonprofit organization for fundraising | 19 | | purposes; the production or packaging of non-potentially | 20 | | hazardous baked goods for these purposes is exempt from the | 21 | | requirements of this Act. The following conditions must be met | 22 | | in order to qualify as a home kitchen operation: | 23 | | (1) Monthly gross sales do not exceed $1,000. |
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| 1 | | (2) The food is a non-potentially hazardous baked good, | 2 | | as described in Section 4 of this Act. | 3 | | (3) A notice is provided to the purchaser that the | 4 | | product was produced in a home kitchen. | 5 | | (4) The food package is affixed with a label or other | 6 | | written notice is provided to the purchaser that includes: | 7 | | (i) the common or usual name of the food product; | 8 | | and | 9 | | (ii) allergen labeling as specified in federal | 10 | | labeling requirements by the United States Food and | 11 | | Drug Administration. | 12 | | (5) The food is sold directly to the consumer. | 13 | | (6) The food is stored in the residence where it is | 14 | | produced or packaged. | 15 | | (a-5) Baked goods, such as, but not limited to, breads, | 16 | | cookies, cakes, pies, and pastries are allowed. Only high-acid | 17 | | fruit pies that use the following fruits are allowed: apple, | 18 | | apricot, grape, peach, plum, quince, orange, nectarine, | 19 | | tangerine, blackberry, raspberry, blueberry, boysenberry, | 20 | | cherry, cranberry, strawberry, red currants, or a combination | 21 | | of these fruits. | 22 | | (b) The Department of Public Health or the health | 23 | | department of a unit of local government may inspect a home | 24 | | kitchen operation in the event of a complaint or disease | 25 | | outbreak. | 26 | | (c) The requirements of this Section apply only to a home |
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| 1 | | kitchen operation located in a municipality, township, or | 2 | | county where the local governing body having the jurisdiction | 3 | | to enforce this Act or the rules adopted under this Act has | 4 | | adopted an ordinance authorizing home kitchen operations.
| 5 | | (Source: P.A. 98-643, eff. 6-10-14; 99-78, eff. 7-20-15; | 6 | | 99-191, eff. 1-1-16 .) | 7 | | (410 ILCS 625/4) | 8 | | Sec. 4. Cottage food operation. | 9 | | (a) For the purpose of this Section: | 10 | | "Cottage food operation" means an operation conducted by a | 11 | | person who produces or packages non-potentially hazardous food | 12 | | or drink, other than foods and drinks listed as prohibited in | 13 | | paragraph (1.5) of subsection (b) of this Section, in a kitchen | 14 | | located in that person's primary domestic residence or another | 15 | | appropriately designed and equipped residential or | 16 | | commercial-style kitchen on that property for direct sale by | 17 | | the owner, a family member, or employee stored in the residence | 18 | | or appropriately designed and equipped residential or | 19 | | commercial-style kitchen on that property where the food is | 20 | | made . | 21 | | "Department" means the Department of Public Health. | 22 | | "Farmers' market" means a common facility or area where
| 23 | | farmers gather to sell a variety of fresh fruits and vegetables
| 24 | | and other locally produced farm and food products directly to
| 25 | | consumers. |
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| 1 | | "Main ingredient" means an agricultural product that is the | 2 | | defining or distinctive ingredient in a cottage food product, | 3 | | though not necessarily by predominance of weight. | 4 | | "Potentially hazardous food" means a food that is | 5 | | potentially hazardous according to the Department's | 6 | | administrative rules. Potentially hazardous food (PHF) in | 7 | | general means a food that requires time and temperature control | 8 | | for safety (TCS) to limit pathogenic microorganism growth or | 9 | | toxin formation. | 10 | | (b) Notwithstanding any other provision of law and except | 11 | | as provided in subsections (c), (d), and (e) of this Section, | 12 | | neither the Department nor the Department of Agriculture nor | 13 | | the health department of a unit of local government may | 14 | | regulate the transaction service of food or drink by a cottage | 15 | | food operation providing that all of the following conditions | 16 | | are met: | 17 | | (1) (Blank). The food is a non-potentially hazardous | 18 | | baked good, jam, jelly, preserve, fruit butter, dry herb, | 19 | | dry herb blend, dry tea blend, or similar product as | 20 | | adopted and specified by Department rules pursuant to | 21 | | subsection (e) of this Section, and is intended for end-use | 22 | | only. The following provisions shall apply: | 23 | | (A) The following jams, jellies and preserves are | 24 | | allowed: apple, apricot, grape, peach, plum, quince, | 25 | | orange, nectarine, tangerine, blackberry, raspberry, | 26 | | blueberry, boysenberry, cherry, cranberry, strawberry, |
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| 1 | | red currants, or a combination of these fruits. Any | 2 | | other jams, jellies, or preserves not listed may be | 3 | | produced by a cottage food operation provided their | 4 | | recipe has been tested and documented by a commercial | 5 | | laboratory, at the expense of the cottage food | 6 | | operation, as being not potentially hazardous, | 7 | | containing a pH equilibrium of less than 4.6 or has | 8 | | been specified and adopted as allowed in | 9 | | administrative rules by the Department pursuant to | 10 | | subsection (e) of this Section. | 11 | | (B) The following fruit butters are allowed: | 12 | | apple, apricot, grape, peach, plum, quince, and prune. | 13 | | Pumpkin butter, banana butter, and pear butter are not | 14 | | allowed. Fruit butters not listed may be produced by a | 15 | | cottage food operation provided their recipe has been | 16 | | tested and documented by a commercial laboratory, at | 17 | | the expense of the cottage food operation, as being not | 18 | | potentially hazardous, containing a pH equilibrium of | 19 | | less than 4.6 or has been specified and adopted as | 20 | | allowed in administrative rules by the Department | 21 | | pursuant to subsection (e) of this Section. | 22 | | (C) Baked goods, such as, but not limited to, | 23 | | breads, cookies, cakes, pies, and pastries are | 24 | | allowed. Only high-acid fruit pies that use the | 25 | | following fruits are allowed: apple, apricot, grape, | 26 | | peach, plum, quince, orange, nectarine, tangerine, |
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| 1 | | blackberry, raspberry, blueberry, boysenberry, cherry, | 2 | | cranberry, strawberry, red currants or a combination | 3 | | of these fruits. Fruit pies not listed may be produced | 4 | | by a cottage food operation provided their recipe has | 5 | | been tested and documented by a commercial laboratory, | 6 | | at the expense of the cottage food operation, as being | 7 | | not potentially hazardous, containing a pH equilibrium | 8 | | of less than 4.6 or has been specified and adopted as | 9 | | allowed in administrative rules by the Department | 10 | | pursuant to subsection (e) of this Section. The | 11 | | following are potentially hazardous and prohibited | 12 | | from production and sale by a cottage food operation: | 13 | | pumpkin pie, sweet potato pie, cheesecake, custard | 14 | | pies, creme pies, and pastries with potentially | 15 | | hazardous fillings or toppings. | 16 | | (1.5) A cottage food operation may produce homemade | 17 | | food and drink. However, a cottage food operation, unless | 18 | | properly licensed, certified, and compliant with all | 19 | | requirements to sell a listed food item under the laws and | 20 | | regulations pertinent to that food item, shall not sell or | 21 | | offer to sell the following food items or processed foods | 22 | | containing the following food items, except as indicated: | 23 | | (A) meat, poultry, fish, seafood, or shellfish; | 24 | | (B) dairy, except as an ingredient in a | 25 | | non-potentially hazardous baked good or candy, such as | 26 | | caramel; |
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| 1 | | (C) eggs, except as an ingredient in a | 2 | | non-potentially hazardous baked good or in dry | 3 | | noodles; | 4 | | (D) pumpkin pies, sweet potato pies, cheesecakes, | 5 | | custard pies, creme pies, and pastries with | 6 | | potentially hazardous fillings or toppings; | 7 | | (E) garlic in oil; | 8 | | (F) canned foods, except for fruit jams, fruit | 9 | | jellies, fruit preserves, fruit butters, and acidified | 10 | | vegetables; | 11 | | (G) sprouts; | 12 | | (H) cut leafy greens, except for leafy greens that | 13 | | are dehydrated or blanched and frozen; | 14 | | (I) cut fresh tomato or melon; | 15 | | (J) dehydrated tomato or melon; | 16 | | (K) frozen cut melon; | 17 | | (L) wild-harvested, non-cultivated mushrooms; or | 18 | | (M) alcoholic beverages. | 19 | | (2) The food is to be sold at a farmers' market, with | 20 | | the exception that cottage foods that have a locally grown | 21 | | agricultural product as the main ingredient may be sold on | 22 | | the farm where the agricultural product is grown or | 23 | | delivered directly to the consumer. | 24 | | (3) (Blank). Gross receipts from the sale of food | 25 | | exempted under this Section do not exceed $36,000 in a | 26 | | calendar year. |
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| 1 | | (4) The food packaging conforms to the labeling | 2 | | requirements of the Illinois Food, Drug and Cosmetic Act | 3 | | and includes the following information on the label of each | 4 | | of its products: | 5 | | (A) the name and address of the cottage food | 6 | | operation; | 7 | | (B) the common or usual name of the food product; | 8 | | (C) all ingredients of the food product, including | 9 | | any colors, artificial flavors, and preservatives, | 10 | | listed in descending order by predominance of weight | 11 | | shown with common or usual names; | 12 | | (D) the following phrase: "This product was | 13 | | produced in a home kitchen not subject to public health | 14 | | inspection that may also process common food | 15 | | allergens."; | 16 | | (E) the date the product was processed; and | 17 | | (F) allergen labeling as specified in federal | 18 | | labeling requirements. | 19 | | (5) The name and residence of the person preparing and | 20 | | selling products as a cottage food operation is registered | 21 | | with the health department of a unit of local government | 22 | | where the cottage food operation resides. No fees shall be | 23 | | charged for registration. Registration shall be for a | 24 | | minimum period of one year. | 25 | | (6) The person preparing or packaging products as a | 26 | | cottage food operation has a Department approved Food |
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| 1 | | Service Sanitation Management Certificate. | 2 | | (7) At the point of sale a placard is displayed in a | 3 | | prominent location that states the following: "This | 4 | | product was produced in a home kitchen not subject to | 5 | | public health inspection that may also process common food | 6 | | allergens.". | 7 | | (c) Notwithstanding the provisions of subsection (b) of | 8 | | this Section, if the Department or the health department of a | 9 | | unit of local government has received a consumer complaint or | 10 | | has reason to believe that an imminent health hazard exists or | 11 | | that a cottage food operation's product has been found to be | 12 | | misbranded, adulterated, or not in compliance with the | 13 | | exception for cottage food operations pursuant to this Section, | 14 | | then it may invoke cessation of sales of cottage food products | 15 | | until it deems that the situation has been addressed to the | 16 | | satisfaction of the Department. | 17 | | (d) Notwithstanding the provisions of subsection (b) of | 18 | | this Section, a State-certified local public health department | 19 | | may, upon providing a written statement to the Department, | 20 | | regulate the service of food by a cottage food operation. The | 21 | | regulation by a State-certified local public health department | 22 | | may include all of the following requirements: | 23 | | (1) That the cottage food operation (A) register with | 24 | | the State-certified local public health department, which | 25 | | shall be for a minimum of one year and include a reasonable | 26 | | fee set by the State-certified local public health |
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| 1 | | department that is no greater than $25 notwithstanding | 2 | | paragraph (5) of subsection (b) of this Section and (B) | 3 | | agree in writing at the time of registration to grant | 4 | | access to the State-certified local public health | 5 | | department to conduct an inspection of the cottage food | 6 | | operation's primary domestic residence in the event of a | 7 | | consumer complaint or foodborne illness outbreak. | 8 | | (2) That in the event of a consumer complaint or | 9 | | foodborne illness outbreak the State-certified local | 10 | | public health department is allowed to (A) inspect the | 11 | | premises of the cottage food operation in question and (B) | 12 | | set a reasonable fee for that inspection.
| 13 | | (e) The Department may adopt rules as may be necessary to | 14 | | implement the provisions of this Section. | 15 | | (Source: P.A. 98-660, eff. 6-23-14; 99-191, eff. 1-1-16 .)
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