Illinois General Assembly - Full Text of HB3063
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Full Text of HB3063  100th General Assembly

HB3063ham001 100TH GENERAL ASSEMBLY

Rep. Will Guzzardi

Filed: 3/21/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3063

2    AMENDMENT NO. ______. Amend House Bill 3063 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Food Handling Regulation Enforcement Act is
5amended 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
9operation" means a person who produces or packages
10non-potentially hazardous baked goods, as allowed by
11subsection (a-5), in a kitchen of that person's primary
12domestic residence for direct sale by the owner or a family
13member. As used in this Section, "baked good" has the meaning
14given to that term under subparagraph (C) of paragraph (1) of
15subsection (b) of Section 4 of this Act. A home kitchen
16operation does not include a person who produces or packages

 

 

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1non-potentially hazardous baked goods for sale by a religious,
2charitable, or nonprofit organization for fundraising
3purposes; the production or packaging of non-potentially
4hazardous baked goods for these purposes is exempt from the
5requirements of this Act. The following conditions must be met
6in order to qualify as a home kitchen operation:
7        (1) Monthly gross sales do not exceed $1,000.
8        (2) The food is a non-potentially hazardous baked good,
9    as described in Section 4 of this Act.
10        (3) A notice is provided to the purchaser that the
11    product was produced in a home kitchen.
12        (4) The food package is affixed with a label or other
13    written notice is provided to the purchaser that includes:
14            (i) the common or usual name of the food product;
15        and
16            (ii) allergen labeling as specified in federal
17        labeling requirements by the United States Food and
18        Drug Administration.
19        (5) The food is sold directly to the consumer.
20        (6) The food is stored in the residence where it is
21    produced or packaged.
22    (a-5) Baked goods, such as, but not limited to, breads,
23cookies, cakes, pies, and pastries are allowed. Only high-acid
24fruit pies that use the following fruits are allowed: apple,
25apricot, grape, peach, plum, quince, orange, nectarine,
26tangerine, blackberry, raspberry, blueberry, boysenberry,

 

 

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1cherry, cranberry, strawberry, red currants, or a combination
2of these fruits.
3    (b) The Department of Public Health or the health
4department of a unit of local government may inspect a home
5kitchen operation in the event of a complaint or disease
6outbreak.
7    (c) The requirements of this Section apply only to a home
8kitchen operation located in a municipality, township, or
9county where the local governing body having the jurisdiction
10to enforce this Act or the rules adopted under this Act has
11adopted an ordinance authorizing home kitchen operations.
12(Source: P.A. 98-643, eff. 6-10-14; 99-78, eff. 7-20-15;
1399-191, eff. 1-1-16.)
 
14    (410 ILCS 625/4)
15    Sec. 4. Cottage food operation.
16    (a) For the purpose of this Section:
17    "Cottage food operation" means an operation conducted by a
18person who produces or packages non-potentially hazardous food
19or drink, other than foods and drinks listed as prohibited in
20paragraph (1.5) of subsection (b) of this Section, in a kitchen
21located in that person's primary domestic residence or another
22appropriately designed and equipped residential or
23commercial-style kitchen on that property for direct sale by
24the owner, a family member, or employee stored in the residence
25or appropriately designed and equipped residential or

 

 

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1commercial-style kitchen on that property where the food is
2made.
3    "Department" means the Department of Public Health.
4    "Farmers' market" means a common facility or area where
5farmers gather to sell a variety of fresh fruits and vegetables
6and other locally produced farm and food products directly to
7consumers.
8    "Main ingredient" means an agricultural product that is the
9defining or distinctive ingredient in a cottage food product,
10though not necessarily by predominance of weight.
11    "Potentially hazardous food" means a food that is
12potentially hazardous according to the Department's
13administrative rules. Potentially hazardous food (PHF) in
14general means a food that requires time and temperature control
15for safety (TCS) to limit pathogenic microorganism growth or
16toxin formation.
17    (b) Notwithstanding any other provision of law and except
18as provided in subsections (c), (d), and (e) of this Section,
19neither the Department nor the Department of Agriculture nor
20the health department of a unit of local government may
21regulate the transaction service of food or drink by a cottage
22food operation providing that all of the following conditions
23are met:
24        (1) (Blank). The food is a non-potentially hazardous
25    baked good, jam, jelly, preserve, fruit butter, dry herb,
26    dry herb blend, dry tea blend, or similar product as

 

 

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1    adopted and specified by Department rules pursuant to
2    subsection (e) of this Section, and is intended for end-use
3    only. The following provisions shall apply:
4            (A) The following jams, jellies and preserves are
5        allowed: apple, apricot, grape, peach, plum, quince,
6        orange, nectarine, tangerine, blackberry, raspberry,
7        blueberry, boysenberry, cherry, cranberry, strawberry,
8        red currants, or a combination of these fruits. Any
9        other jams, jellies, or preserves not listed may be
10        produced by a cottage food operation provided their
11        recipe has been tested and documented by a commercial
12        laboratory, at the expense of the cottage food
13        operation, as being not potentially hazardous,
14        containing a pH equilibrium of less than 4.6 or has
15        been specified and adopted as allowed in
16        administrative rules by the Department pursuant to
17        subsection (e) of this Section.
18            (B) The following fruit butters are allowed:
19        apple, apricot, grape, peach, plum, quince, and prune.
20        Pumpkin butter, banana butter, and pear butter are not
21        allowed. Fruit butters not listed may be produced by a
22        cottage food operation provided their recipe has been
23        tested and documented by a commercial laboratory, at
24        the expense of the cottage food operation, as being not
25        potentially hazardous, containing a pH equilibrium of
26        less than 4.6 or has been specified and adopted as

 

 

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1        allowed in administrative rules by the Department
2        pursuant to subsection (e) of this Section.
3            (C) Baked goods, such as, but not limited to,
4        breads, cookies, cakes, pies, and pastries are
5        allowed. Only high-acid fruit pies that use the
6        following fruits are allowed: apple, apricot, grape,
7        peach, plum, quince, orange, nectarine, tangerine,
8        blackberry, raspberry, blueberry, boysenberry, cherry,
9        cranberry, strawberry, red currants or a combination
10        of these fruits. Fruit pies not listed may be produced
11        by a cottage food operation provided their recipe has
12        been tested and documented by a commercial laboratory,
13        at the expense of the cottage food operation, as being
14        not potentially hazardous, containing a pH equilibrium
15        of less than 4.6 or has been specified and adopted as
16        allowed in administrative rules by the Department
17        pursuant to subsection (e) of this Section. The
18        following are potentially hazardous and prohibited
19        from production and sale by a cottage food operation:
20        pumpkin pie, sweet potato pie, cheesecake, custard
21        pies, creme pies, and pastries with potentially
22        hazardous fillings or toppings.
23        (1.5) A cottage food operation may produce homemade
24    food and drink. However, a cottage food operation, unless
25    properly licensed, certified, and compliant with all
26    requirements to sell a listed food item under the laws and

 

 

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1    regulations pertinent to that food item, shall not sell or
2    offer to sell the following food items or processed foods
3    containing the following food items, except as indicated:
4            (A) meat, poultry, fish, seafood, or shellfish;
5            (B) dairy, except as an ingredient in a
6        non-potentially hazardous baked good or candy, such as
7        caramel;
8            (C) eggs, except as an ingredient in a
9        non-potentially hazardous baked good or in dry
10        noodles;
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;
15            (F) canned foods, except for fruit jams, fruit
16        jellies, fruit preserves, fruit butters, and acidified
17        vegetables;
18            (G) sprouts;
19            (H) cut leafy greens, except for leafy greens that
20        are dehydrated or blanched and frozen;
21            (I) cut fresh tomato or melon;
22            (J) dehydrated tomato or melon;
23            (K) frozen cut melon;
24            (L) wild-harvested, non-cultivated mushrooms; or
25            (M) alcoholic beverages.
26        (2) The food is to be sold at a farmers' market, with

 

 

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1    the exception that cottage foods that have a locally grown
2    agricultural product as the main ingredient may be sold on
3    the farm where the agricultural product is grown or
4    delivered directly to the consumer.
5        (3) (Blank). Gross receipts from the sale of food
6    exempted under this Section do not exceed $36,000 in a
7    calendar year.
8        (4) The food packaging conforms to the labeling
9    requirements of the Illinois Food, Drug and Cosmetic Act
10    and includes the following information on the label of each
11    of its products:
12            (A) the name and address of the cottage food
13        operation;
14            (B) the common or usual name of the food product;
15            (C) all ingredients of the food product, including
16        any colors, artificial flavors, and preservatives,
17        listed in descending order by predominance of weight
18        shown with common or usual names;
19            (D) the following phrase: "This product was
20        produced in a home kitchen not subject to public health
21        inspection that may also process common food
22        allergens.";
23            (E) the date the product was processed; and
24            (F) allergen labeling as specified in federal
25        labeling requirements.
26        (5) The name and residence of the person preparing and

 

 

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1    selling products as a cottage food operation is registered
2    with the health department of a unit of local government
3    where the cottage food operation resides. No fees shall be
4    charged for registration. Registration shall be for a
5    minimum period of one year.
6        (6) The person preparing or packaging products as a
7    cottage food operation has a Department approved Food
8    Service Sanitation Management Certificate.
9        (7) At the point of sale a placard is displayed in a
10    prominent location that states the following: "This
11    product was produced in a home kitchen not subject to
12    public health inspection that may also process common food
13    allergens.".
14    (c) Notwithstanding the provisions of subsection (b) of
15this Section, if the Department or the health department of a
16unit of local government has received a consumer complaint or
17has reason to believe that an imminent health hazard exists or
18that a cottage food operation's product has been found to be
19misbranded, adulterated, or not in compliance with the
20exception for cottage food operations pursuant to this Section,
21then it may invoke cessation of sales of cottage food products
22until it deems that the situation has been addressed to the
23satisfaction of the Department.
24    (d) Notwithstanding the provisions of subsection (b) of
25this Section, a State-certified local public health department
26may, upon providing a written statement to the Department,

 

 

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1regulate the service of food by a cottage food operation. The
2regulation by a State-certified local public health department
3may include all of the following requirements:
4        (1) That the cottage food operation (A) register with
5    the State-certified local public health department, which
6    shall be for a minimum of one year and include a reasonable
7    fee set by the State-certified local public health
8    department that is no greater than $25 notwithstanding
9    paragraph (5) of subsection (b) of this Section and (B)
10    agree in writing at the time of registration to grant
11    access to the State-certified local public health
12    department to conduct an inspection of the cottage food
13    operation's primary domestic residence in the event of a
14    consumer complaint or foodborne illness outbreak.
15        (2) That in the event of a consumer complaint or
16    foodborne illness outbreak the State-certified local
17    public health department is allowed to (A) inspect the
18    premises of the cottage food operation in question and (B)
19    set a reasonable fee for that inspection.
20    (e) The Department may adopt rules as may be necessary to
21implement the provisions of this Section.
22(Source: P.A. 98-660, eff. 6-23-14; 99-191, eff. 1-1-16.)".