Full Text of SB2617 103rd General Assembly
SB2617sam001 103RD GENERAL ASSEMBLY | Sen. Jason Plummer Filed: 3/5/2024 | | 10300SB2617sam001 | | LRB103 34813 AWJ 70299 a |
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| 1 | | AMENDMENT TO SENATE BILL 2617
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2617 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Food Handling Regulation Enforcement Act | 5 | | is amended 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 | 10 | | added to it to produce a final equilibrium pH of 4.6 or below | 11 | | and a water activity greater than 0.85 ; or (ii) it is fermented | 12 | | to produce a final equilibrium pH of 4.6 or below. | 13 | | "Canned food" means food that has been heat processed | 14 | | sufficiently under United States Department of Agriculture | 15 | | guidelines to enable storing the food at normal home | 16 | | temperatures. |
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| 1 | | "Cottage food operation" means an operation conducted by a | 2 | | person who produces or packages food or drink, other than | 3 | | foods and drinks listed as prohibited in paragraph (1.5) of | 4 | | subsection (b) of this Section, in a kitchen located in that | 5 | | person's primary domestic residence or another appropriately | 6 | | designed and equipped kitchen on a farm for direct sale by the | 7 | | owner, a family member, or employee. | 8 | | "Cut leafy greens" means fresh leafy greens whose leaves | 9 | | have been cut, shredded, sliced, chopped, or torn. "Cut leafy | 10 | | greens" does not mean cut-to-harvest leafy greens. | 11 | | "Department" means the Department of Public Health. | 12 | | "Employee" means a person who is employed by and receives | 13 | | monetary compensation from a cottage food operator. | 14 | | "Equilibrium pH" means the final potential of hydrogen | 15 | | measured in an acidified food after all the components of the | 16 | | food have achieved the same acidity. | 17 | | "Farmers' market" means a common facility or area where | 18 | | farmers gather to sell a variety of fresh fruits and | 19 | | vegetables and other locally produced farm and food products | 20 | | directly to consumers. | 21 | | "Leafy greens" includes iceberg lettuce; romaine lettuce; | 22 | | leaf lettuce; butter lettuce; baby leaf lettuce, such as | 23 | | immature lettuce or leafy greens; escarole; endive; spring | 24 | | mix; spinach; cabbage; kale; arugula; and chard. "Leafy | 25 | | greens" does not include microgreens or herbs such as cilantro | 26 | | or parsley. |
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| 1 | | "Local health department" means a State-certified health | 2 | | department of a unit of local government in which a cottage | 3 | | food operation is located or, if the cottage food operation is | 4 | | located in a county that does not have a local health | 5 | | department, is registered . | 6 | | "Local public health department association" means an | 7 | | association solely representing 2 or more State-certified | 8 | | local health departments. | 9 | | "Low-acid canned food" means any canned food with a | 10 | | finished equilibrium pH greater than 4.6 and a water activity | 11 | | (aw) greater than 0.85. | 12 | | "Microgreen" means an edible plant seedling grown in soil | 13 | | or substrate and harvested above the soil or substrate line. | 14 | | "Mobile farmers markets" means a farmers market that is | 15 | | operated from a movable motor drive or propelled vehicle or | 16 | | trailer that can change location, including a farmers market | 17 | | that is owned and operated by a farmer or a third party selling | 18 | | products on behalf of farmers or cottage food operations with | 19 | | the intent of a direct sale to an end consumer. | 20 | | "Potentially hazardous food" means a food that is | 21 | | potentially hazardous according to the Department's | 22 | | administrative rules. Potentially hazardous food (PHF) in | 23 | | general means a food that requires time and temperature | 24 | | control for safety (TCS) to limit pathogenic microorganism | 25 | | growth or toxin formation. | 26 | | "Sprout" means any seedling intended for human consumption |
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| 1 | | that was produced in a manner that does not meet the definition | 2 | | of microgreen. | 3 | | "Time-and-temperature controlled for safety food" means | 4 | | food that is maintained for a specified time at a holding | 5 | | temperature at or below 41 degrees Fahrenheit or at or above | 6 | | 135 degrees Fahrenheit in order to ensure its safety and to | 7 | | limit microorganism growth or toxin formation. | 8 | | (b) A cottage food operation may produce homemade food and | 9 | | drink provided that all of the following conditions are met: | 10 | | (1) (Blank). | 11 | | (1.3) A cottage food operation must register with the | 12 | | local health department for the unit of local government | 13 | | in which it is located, but may sell products outside of | 14 | | the unit of local government where the cottage food | 15 | | operation is located. If a county does not have a local | 16 | | health department, the county shall enter into an | 17 | | agreement or contract with a local health department in an | 18 | | adjacent county to register cottage food operations in the | 19 | | jurisdiction of the county that does not have a health | 20 | | department. The adjacent local health department where the | 21 | | cottage food operation registers has the powers described | 22 | | in subsection (d). 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 food that is | 8 | | not a time-and-temperature controlled for safety food | 9 | | non-potentially hazardous food , including dry noodles, | 10 | | or as an ingredient in a baked good frosting, such as | 11 | | buttercream, if the eggs are not raw; | 12 | | (D) pumpkin pies, sweet potato pies, cheesecakes, | 13 | | custard pies, creme pies, and pastries with | 14 | | potentially hazardous fillings or toppings; | 15 | | (E) garlic in oil or oil infused with garlic, | 16 | | except if the garlic oil is acidified; | 17 | | (F) low-acid canned foods; | 18 | | (G) sprouts; | 19 | | (H) cut leafy greens, except for cut leafy greens | 20 | | that are dehydrated, acidified, or blanched and | 21 | | frozen; | 22 | | (I) cut or pureed fresh tomato or melon; | 23 | | (J) dehydrated tomato or melon; | 24 | | (K) frozen cut melon; | 25 | | (L) wild-harvested, non-cultivated mushrooms; | 26 | | (M) alcoholic beverages; or |
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| 1 | | (N) kombucha. | 2 | | (1.6) In order to sell canned tomatoes or a canned | 3 | | product containing tomatoes, a cottage food operator shall | 4 | | either: | 5 | | (A) follow exactly a recipe that has been tested | 6 | | by the United States Department of Agriculture or by a | 7 | | state cooperative extension located in this State or | 8 | | any other state in the United States; or | 9 | | (B) submit the recipe, at the cottage food | 10 | | operator's expense, to a commercial laboratory | 11 | | according to the commercial laboratory's directions to | 12 | | test that the product has been adequately acidified; | 13 | | use only the varietal or proportionate varietals of | 14 | | tomato included in the tested recipe for all | 15 | | subsequent batches of such recipe; and provide | 16 | | documentation of the annual test results of the recipe | 17 | | submitted under this subparagraph upon registration | 18 | | and to an inspector upon request during any inspection | 19 | | authorized by subsection (d). | 20 | | (2) In order to sell a fermented or acidified food, a | 21 | | cottage food operation shall either: | 22 | | (A) submit a recipe that has been tested by the | 23 | | United States Department of Agriculture or a | 24 | | cooperative extension system located in this State or | 25 | | any other state in the United States; or | 26 | | (B) submit a written food safety plan for each |
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| 1 | | category of products for which the cottage food | 2 | | operator uses the same procedures, such as pickles, | 3 | | kimchi, or hot sauce, and a pH test for a single | 4 | | product that is representative of that category; the | 5 | | written food safety plan shall be submitted annually | 6 | | upon registration and each pH test shall be submitted | 7 | | every 3 years; the food safety plan shall adhere to | 8 | | guidelines developed by the Department. | 9 | | (3) A fermented or acidified food shall be packaged | 10 | | according to one of the following standards: | 11 | | (A) A fermented or acidified food that is canned | 12 | | must be processed in a boiling water bath in a | 13 | | Mason-style jar or glass container with a | 14 | | tight-fitting lid. | 15 | | (B) A fermented or acidified food that is not | 16 | | canned shall be sold in any container that is new, | 17 | | clean, and seals properly and must be stored, | 18 | | transported, and sold at or below 41 degrees. | 19 | | (4) In order to sell a baked good with cheese, a local | 20 | | health department may require a cottage food operation to | 21 | | submit a recipe, at the cottage food operator's expense, | 22 | | to a commercial laboratory to verify that it is | 23 | | non-potentially hazardous before allowing the cottage food | 24 | | operation to sell the baked good as a cottage food. | 25 | | (5) For a cottage food operation that does not utilize | 26 | | a municipal water supply, such as an operation using a |
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| 1 | | private well, a local health department may require a | 2 | | water sample test to verify that the water source being | 3 | | used meets public safety standards related to E. coli | 4 | | coliform. If a test is requested, it must be conducted at | 5 | | the cottage food operator's expense. | 6 | | (6) A person preparing or packaging a product as part | 7 | | of a cottage food operation must be a Department-approved | 8 | | certified food protection manager. | 9 | | (7) Food packaging must conform with the labeling | 10 | | requirements of the Illinois Food, Drug and Cosmetic Act. | 11 | | A cottage food product shall be prepackaged and the food | 12 | | packaging shall be affixed with a prominent label that | 13 | | includes the following: | 14 | | (A) the name of the cottage food operation and | 15 | | unit of local government in which the cottage food | 16 | | operation is located; | 17 | | (B) the identifying registration number provided | 18 | | by the local health department on the certificate of | 19 | | registration and the name of the municipality or | 20 | | county in which the registration was filed; | 21 | | (C) the common or usual name of the food product; | 22 | | (D) all ingredients of the food product, including | 23 | | any color, artificial flavor, and preservative, listed | 24 | | in descending order by predominance of weight shown | 25 | | with the common or usual names; | 26 | | (E) the following phrase in prominent lettering: |
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| 1 | | "This product was produced in a home kitchen not | 2 | | inspected by a health department that may also process | 3 | | common food allergens. If you have safety concerns, | 4 | | contact your local health department."; | 5 | | (F) the date the product was processed; and | 6 | | (G) allergen labeling as specified under federal | 7 | | labeling requirements. | 8 | | (8) Food packaging may include the designation | 9 | | "Illinois-grown", "Illinois-sourced", or "Illinois farm | 10 | | product" if the packaged product is a local farm or food | 11 | | product as that term is defined in Section 5 of the Local | 12 | | Food, Farms, and Jobs Act. | 13 | | (9) In the case of a product that is difficult to | 14 | | properly label or package, or for other reasons, the local | 15 | | health department of the location where the product is | 16 | | sold may grant permission to sell products that are not | 17 | | prepackaged, in which case other prominent written notice | 18 | | shall be provided to the 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. |
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| 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 | | and | 20 | | (F) mobile farmers markets . | 21 | | (12) Only food that is non-potentially hazardous may | 22 | | be shipped. A cottage food product shall not be shipped | 23 | | out of State. Each cottage food product that is shipped | 24 | | must be sealed in a manner that reveals tampering, | 25 | | including, but not limited to, a sticker or pop top. | 26 | | (13) Alcohol may be used to make extracts, such as |
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| 1 | | vanilla extract, or may be used as an ingredient in baked | 2 | | goods as long as the created product is not intended for | 3 | | use as a beverage. | 4 | | (14) If a product assessment shows that a food has a pH | 5 | | of 4.6 or less or a water activity that is less than or | 6 | | equal to 0.92, the food shall not require temperature | 7 | | control. | 8 | | (c) A local health department shall register any eligible | 9 | | cottage food operation that meets the requirements of this | 10 | | Section and shall issue a certificate of registration with an | 11 | | identifying registration number to each registered cottage | 12 | | food operation. A local health department may establish a | 13 | | self-certification program for cottage food operators to | 14 | | affirm compliance with applicable laws, rules, and | 15 | | regulations. Registration shall be completed annually and the | 16 | | local health department may impose a fee not to exceed $50. | 17 | | (d) In the event of a consumer complaint or foodborne | 18 | | illness outbreak, upon notice from a different local health | 19 | | department, or if the Department or a local health department | 20 | | has reason to believe that an imminent health hazard exists or | 21 | | that a cottage food operation's product has been found to be | 22 | | misbranded, adulterated, or not in compliance with the | 23 | | conditions for cottage food operations set forth in this | 24 | | Section, the Department or the local health department may: | 25 | | (1) inspect the premises of the cottage food 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 | | cottage food products until it deems that the situation | 4 | | has been addressed to the satisfaction of the Department | 5 | | or local health department; if the situation is not | 6 | | amenable to being addressed, the local health department | 7 | | may revoke the cottage food operation's registration | 8 | | following a process outlined by the local health | 9 | | department. | 10 | | (e) A local health department that receives a consumer | 11 | | complaint or a report of foodborne illness related to a | 12 | | cottage food operator in another jurisdiction shall refer the | 13 | | complaint or report to the local health department where the | 14 | | cottage food operator is registered. | 15 | | (f) By January 1, 2022, the Department, in collaboration | 16 | | with local public health department associations and other | 17 | | stakeholder groups, shall write and issue administrative | 18 | | guidance to local health departments on the following: | 19 | | (1) development of a standard registration form, | 20 | | including, if applicable, a written food safety plan; | 21 | | (2) development of a Home-Certification Self Checklist | 22 | | Form; | 23 | | (3) development of a standard inspection form and | 24 | | inspection procedures; and | 25 | | (4) procedures for cottage food operation workspaces | 26 | | that include, but are not limited to, cleaning products, |
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| 1 | | general sanitation, and requirements for functional | 2 | | equipment. | 3 | | (g) A person who produces or packages a non-potentially | 4 | | hazardous baked good for sale by a religious, charitable, or | 5 | | nonprofit organization for fundraising purposes is exempt from | 6 | | the requirements of this Section. | 7 | | (h) A home rule unit may not regulate cottage food | 8 | | operations in a manner inconsistent with the regulation by the | 9 | | State of cottage food operations under this Section. This | 10 | | Section is a limitation under subsection (i) of Section 6 of | 11 | | Article VII of the Illinois Constitution on the concurrent | 12 | | exercise by home rule units of powers and functions exercised | 13 | | by the State. | 14 | | (i) The Department may adopt rules as may be necessary to | 15 | | implement the provisions of this Section. | 16 | | (Source: P.A. 101-81, eff. 7-12-19; 102-633, eff. 1-1-22 .)". |
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