Full Text of HB4851 102nd General Assembly
HB4851 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4851 Introduced 1/27/2022, by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: |
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Amends the Food Handling Regulation Enforcement Act. Replaces provisions concerning home kitchen operations with provisions that: provide that a home kitchen operation may produce homemade food and drink if specified conditions are met; require a home kitchen operation's food packaging to conform with the labeling requirements of the Illinois Food, Drug and Cosmetic Act; contain prepackaging and labeling requirements for home kitchen operation products; provide that a home kitchen operation's annual revenues may not exceed $250,000; require the Department of Public Health to adopt rules establishing reasonable food safety standards for home kitchen operations and to issue administrative guidance for use by local health departments; and provide that a person who produces or packages a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes is exempt from the requirements of the provisions. Preempts home rule.
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| | A BILL FOR |
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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 Section 3.6 as follows: | 6 | | (410 ILCS 625/3.6) | 7 | | Sec. 3.6. Home kitchen operation. | 8 | | (a) In this Section: | 9 | | "Department" means the Department of Public Health. | 10 | | "Home kitchen operation" means an enterprise that: | 11 | | (1) is conducted in a residence; | 12 | | (2) is controlled and operated by an individual living | 13 | | at the residence; and | 14 | | (3) either (A) stores, handles, prepares, and packages | 15 | | food for sale to consumers or (B) stores, handles, | 16 | | prepares, packages, and serves food for sale to consumers. | 17 | | "Local health department" means a State-certified health | 18 | | department of a unit of local government. | 19 | | "Ready-to-eat food" means food that is in a form that is | 20 | | edible and safe to eat without washing, cooking, or additional | 21 | | preparation by the consumer and that is reasonably expected to | 22 | | be consumed in the form in which it is provided to the consumer | 23 | | or after reheating by the consumer. |
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| 1 | | (b) A home kitchen operation may produce homemade food and | 2 | | drink provided that all of the following conditions are met: | 3 | | (1) A home kitchen operation must register with or be | 4 | | permitted by the local health department for the unit of | 5 | | local government in which it is located, but may sell | 6 | | products outside of the unit of local government where the | 7 | | home kitchen operation is located. A copy of the | 8 | | certificate of registration or permit must be available | 9 | | upon request by any local health department. | 10 | | (2) A home kitchen operation shall not sell or offer | 11 | | to sell the following food items or processed foods | 12 | | containing the following food items: | 13 | | (A) Alcoholic beverages. | 14 | | (B) Milk or milk products. | 15 | | (C) Raw shellfish. | 16 | | (D) Any low-acid canned food or acidified food | 17 | | that requires a scheduled process under applicable | 18 | | federal, State, or local law, unless the home kitchen | 19 | | operation is otherwise authorized to act as a cottage | 20 | | food operation. | 21 | | (E) Any food that would require a variance, if the | 22 | | home kitchen operation is subject to 77 Ill. Adm. Code | 23 | | 750. | 24 | | (3) A home kitchen operation may sell only | 25 | | ready-to-eat food. | 26 | | (4) A home kitchen operation must be supervised by a |
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| 1 | | Department-approved certified food protection manager. | 2 | | (c) A home kitchen operation's food packaging must conform | 3 | | with the labeling requirements of the Illinois Food, Drug and | 4 | | Cosmetic Act. A home kitchen operation's product shall be | 5 | | prepackaged and the food packaging shall be affixed with a | 6 | | prominent label that includes the following: | 7 | | (1) The name of the home kitchen operation and unit of | 8 | | local government in which the home kitchen operation is | 9 | | located. | 10 | | (2) The identifying registration number provided by | 11 | | the local health department on the certificate of | 12 | | registration or permit and the name of the municipality or | 13 | | county in which the registration was filed or the permit | 14 | | was issued. | 15 | | (3) The common or usual name of the food product. | 16 | | (4) All ingredients of the food product, including any | 17 | | color, artificial flavor, and preservative, listed in | 18 | | descending order by predominance of weight shown with the | 19 | | common or usual names. | 20 | | (5) The following phrase in prominent lettering: "This | 21 | | product was produced in a home kitchen not regularly | 22 | | inspected by a health department that may also process | 23 | | common food allergens. If you have safety concerns, | 24 | | contact your local health department.". | 25 | | (6) The date the product was processed. | 26 | | (7) Allergen labeling as specified under federal and |
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| 1 | | State labeling requirements. | 2 | | Food packaging may include the designation | 3 | | "Illinois-grown", "Illinois-sourced", or "Illinois farm | 4 | | product" if the packaged product is a local farm or food | 5 | | product, as that term is defined in Section 5 of the Local | 6 | | Food, Farms, and Jobs Act. | 7 | | If a product is difficult to properly label or package, or | 8 | | for other reasons, the local health department of the location | 9 | | where the product is sold may grant permission to sell the | 10 | | product without it being prepackaged, in which case other | 11 | | prominent written notice shall be provided to the purchaser. | 12 | | At the point of sale, notice must be provided in a | 13 | | prominent location that states the following: "This product | 14 | | was produced in a home kitchen not inspected by a health | 15 | | department that may also process common food allergens.". At a | 16 | | physical display, notice shall be a placard. Online, notice | 17 | | shall be a message on the home kitchen operation's online | 18 | | sales interface at the point of sale. | 19 | | (d) Food and drink produced by a home kitchen operation | 20 | | shall be sold directly to consumers for their own consumption | 21 | | and not for resale. Sales directly to consumers include, but | 22 | | are not limited to, sales at or through the following: | 23 | | (1) Farmers' markets. | 24 | | (2) Fairs, festivals, public events, or online. | 25 | | (3) Pickup from the private home or farm of the home | 26 | | kitchen operator, if the pickup is not prohibited by any |
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| 1 | | law of the unit of local government that applies equally | 2 | | to all home kitchen operations. In a municipality with a | 3 | | population of 1,000,000 or more, a home kitchen operator | 4 | | shall comply with any law of the municipality that applies | 5 | | equally to all home-based businesses. | 6 | | (4) Delivery to the customer by the home kitchen | 7 | | operation or a third-party delivery service. | 8 | | (5) Pickup from a third-party private property with | 9 | | the consent of the third-party property holder. | 10 | | (e) A home kitchen operation's annual revenues may not | 11 | | exceed $250,000. | 12 | | (f) The Department shall exclude home kitchen operations | 13 | | from the definition of "Food Establishment" under 77 Ill. Adm. | 14 | | Code 750.100 and the rules applicable to Food Establishments. | 15 | | (g) By July 1, 2023, the Department shall adopt rules | 16 | | establishing reasonable food safety standards for home kitchen | 17 | | operations. The rules must comply with the following: | 18 | | (1) Be reasonably necessary to ensure food safety and | 19 | | reasonably feasible for ordinary home kitchen facilities. | 20 | | (2) Not require home kitchen operations to have or to | 21 | | use facilities or equipment not ordinarily used in private | 22 | | homes. | 23 | | (3) Not prevent or restrict persons who live in the | 24 | | home and their guests from accessing and being present in | 25 | | the registered or permitted area while food for the home | 26 | | kitchen operation is being stored, handled, prepared, or |
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| 1 | | packaged, so long as such persons are supervised by the | 2 | | licensed operator and not known to have symptoms of acute | 3 | | gastrointestinal illness or to be infected with a disease | 4 | | that is transmissible through food. | 5 | | If food safety training is required, the Department shall | 6 | | ensure that the training content and any required examination | 7 | | are available in languages other than English that are | 8 | | commonly spoken by Illinois residents as their primary | 9 | | language. | 10 | | (h) By July 1, 2023, the Department shall issue | 11 | | administrative guidance establishing the following for use by | 12 | | local health departments: | 13 | | (1) A standard registration or permit application | 14 | | form, including, if applicable, a written food safety | 15 | | plan. | 16 | | (2) A standard compliance self-certification checklist | 17 | | form. | 18 | | (3) A standard inspection form and inspection | 19 | | procedures. | 20 | | (i) A local health department shall register or grant a | 21 | | permit to any eligible home kitchen operation that meets the | 22 | | requirements of this Section and shall issue a registration | 23 | | certificate or permit certificate with an identifying number | 24 | | to each registered or permitted home kitchen operation. A | 25 | | local health department may conduct a pre-operational | 26 | | inspection of the applicant and may establish a |
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| 1 | | self-certification program for home kitchen operators to | 2 | | affirm compliance with applicable laws, rules, and | 3 | | regulations. | 4 | | The registration or permit shall be renewed annually and | 5 | | the local health department may impose a fee not to exceed | 6 | | $650. | 7 | | (j) Notwithstanding any other provision of law, an | 8 | | inspection of a home kitchen operation shall be limited to a | 9 | | pre-operational inspection before registration or issuing a | 10 | | permit, investigation of credible complaints, and | 11 | | investigation of foodborne illness outbreaks. | 12 | | An inspection shall be scheduled with the home kitchen | 13 | | operation in advance, except in an emergency situation. | 14 | | An inspection shall be limited to the areas of the | 15 | | residence used for home kitchen operations. | 16 | | (k) If there is a credible consumer complaint or foodborne | 17 | | illness outbreak, upon notice from a different local health | 18 | | department or if the Department or a local health department | 19 | | has reason to believe that an imminent health hazard exists or | 20 | | that a home kitchen operation's product has been found to be | 21 | | misbranded, adulterated, or not in compliance with the | 22 | | conditions for home kitchen operations set forth in this | 23 | | Section or Department rules, the Department or the local | 24 | | health department may: | 25 | | (1) inspect the premises of the home kitchen operation | 26 | | in question; |
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| 1 | | (2) set a reasonable fee for the inspection; and | 2 | | (3) invoke penalties and the cessation of the sale of | 3 | | the home kitchen operation's products until it deems that | 4 | | the situation has been addressed to the satisfaction of | 5 | | the Department or local health department; if the | 6 | | situation is not amenable to being addressed, the local | 7 | | health department may revoke the home kitchen operation's | 8 | | registration or permit following a process outlined by the | 9 | | local health department. | 10 | | A local health department that receives a consumer | 11 | | complaint or a report of foodborne illness related to a home | 12 | | kitchen operation in another jurisdiction shall refer the | 13 | | complaint or report to the local health department where the | 14 | | home kitchen operation is located. | 15 | | (l) A person who produces or packages a non-potentially | 16 | | hazardous baked good for sale by a religious, charitable, or | 17 | | nonprofit organization for fundraising purposes is exempt from | 18 | | the requirements of this Section. | 19 | | (m) A unit of local government shall allow home kitchen | 20 | | operations to use residential property as registered or | 21 | | permitted. | 22 | | (n) A unit of local government shall allow commercial | 23 | | delivery services to pick up food from home kitchen | 24 | | operations. | 25 | | (o) A home rule unit may not regulate home kitchen | 26 | | operations in a manner inconsistent with the regulation by the |
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| 1 | | State of home kitchen operations under this Section or rules | 2 | | adopted under this Section. This Section is a limitation under | 3 | | subsection (i) of Section 6 of Article VII of the Illinois | 4 | | Constitution on the concurrent exercise by home rule units of | 5 | | powers and functions exercised by the State. | 6 | | (a) For the purpose of this Section, "home kitchen | 7 | | operation" means a person who produces or packages | 8 | | non-potentially hazardous baked goods, as allowed by | 9 | | subsection (a-5), in a kitchen of that person's primary | 10 | | domestic residence for direct sale by the owner or a family | 11 | | member. A home kitchen operation does not include a person who | 12 | | produces or packages non-potentially hazardous baked goods for | 13 | | sale by a religious, charitable, or nonprofit organization for | 14 | | fundraising purposes; the production or packaging of | 15 | | non-potentially hazardous baked goods for these purposes is | 16 | | exempt from the requirements of this Act. The following | 17 | | conditions must be met in order to qualify as a home kitchen | 18 | | operation: | 19 | | (1) Monthly gross sales do not exceed $1,000. | 20 | | (2) The food is a non-potentially hazardous baked | 21 | | good, as described in Section 4 of this Act. | 22 | | (3) A notice is provided to the purchaser that the | 23 | | product was produced in a home kitchen. | 24 | | (4) The food package is affixed with a label or other | 25 | | written notice is provided to the purchaser that includes: | 26 | | (i) the common or usual name of the food product; |
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| 1 | | and | 2 | | (ii) allergen labeling as specified in federal | 3 | | labeling requirements by the United States Food and | 4 | | Drug Administration . | 5 | | (5) The food is sold directly to the consumer. | 6 | | (6) The food is stored in the residence where it is | 7 | | produced or packaged. | 8 | | (a-5) Baked goods, such as, but not limited to, breads, | 9 | | cookies, cakes, pies, and pastries are allowed. Only high-acid | 10 | | fruit pies that use the following fruits are allowed: apple, | 11 | | apricot, grape, peach, plum, quince, orange, nectarine, | 12 | | tangerine, blackberry, raspberry, blueberry, boysenberry, | 13 | | cherry, cranberry, strawberry, red currants, or a combination | 14 | | of these fruits. | 15 | | (b) The Department of Public Health or the health | 16 | | department of a unit of local government may inspect a home | 17 | | kitchen operation in the event of a complaint or disease | 18 | | outbreak. | 19 | | (c) The requirements of this Section apply only to a home | 20 | | kitchen operation located in a municipality, township, or | 21 | | county where the local governing body having the jurisdiction | 22 | | to enforce this Act or the rules adopted under this Act has | 23 | | adopted an ordinance authorizing home kitchen operations.
| 24 | | (Source: P.A. 99-78, eff. 7-20-15; 99-191, eff. 1-1-16; | 25 | | 100-35, eff. 1-1-18 .)
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