Full Text of SB2617 103rd General Assembly
SB2617sam002 103RD GENERAL ASSEMBLY | Sen. Jason Plummer Filed: 4/5/2024 | | 10300SB2617sam002 | | LRB103 34813 CES 71331 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2617
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2617, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The Food Handling Regulation Enforcement Act | 6 | | is amended by changing Section 4 as follows: | 7 | | (410 ILCS 625/4) | 8 | | Sec. 4. Cottage food operation. | 9 | | (a) For the purpose of this Section: | 10 | | A food is "acidified" if: (i) acid or acid ingredients are | 11 | | added to it to produce a final equilibrium pH of 4.6 or below | 12 | | and a water activity greater than 0.85 ; or (ii) it is fermented | 13 | | to produce a final equilibrium pH of 4.6 or below. | 14 | | "Canned food" means food that has been heat processed | 15 | | sufficiently under United States Department of Agriculture | 16 | | guidelines to enable storing the food at normal home |
| | | 10300SB2617sam002 | - 2 - | LRB103 34813 CES 71331 a |
|
| 1 | | temperatures. | 2 | | "Cottage food operation" means an operation conducted by a | 3 | | person who produces or packages food or drink, other than | 4 | | foods and drinks listed as prohibited in paragraph (1.5) of | 5 | | subsection (b) of this Section, in a kitchen located in that | 6 | | person's primary domestic residence or another appropriately | 7 | | designed and equipped kitchen on a farm for direct sale by the | 8 | | owner, a family member, or employee. | 9 | | "Cut leafy greens" means fresh leafy greens whose leaves | 10 | | have been cut, shredded, sliced, chopped, or torn. "Cut leafy | 11 | | greens" does not mean cut-to-harvest leafy greens. | 12 | | "Department" means the Department of Public Health. | 13 | | "Employee" means a person who is employed by and receives | 14 | | monetary compensation from a cottage food operator. | 15 | | "Equilibrium pH" means the final potential of hydrogen | 16 | | measured in an acidified food after all the components of the | 17 | | food have achieved the same acidity. | 18 | | "Farmers' market" means a common facility or area where | 19 | | farmers gather to sell a variety of fresh fruits and | 20 | | vegetables and other locally produced farm and food products | 21 | | directly to consumers. | 22 | | "Leafy greens" includes iceberg lettuce; romaine lettuce; | 23 | | leaf lettuce; butter lettuce; baby leaf lettuce, such as | 24 | | immature lettuce or leafy greens; escarole; endive; spring | 25 | | mix; spinach; cabbage; kale; arugula; and chard. "Leafy | 26 | | greens" does not include microgreens or herbs such as cilantro |
| | | 10300SB2617sam002 | - 3 - | LRB103 34813 CES 71331 a |
|
| 1 | | or parsley. | 2 | | "Local health department" means a State-certified health | 3 | | department of a unit of local government in which a cottage | 4 | | food operation is located or, if the cottage food operation is | 5 | | located in a county that does not have a local health | 6 | | department, is registered . | 7 | | "Local public health department association" means an | 8 | | association solely representing 2 or more State-certified | 9 | | local health departments. | 10 | | "Low-acid canned food" means any canned food with a | 11 | | finished equilibrium pH greater than 4.6 and a water activity | 12 | | (aw) greater than 0.85. | 13 | | "Microgreen" means an edible plant seedling grown in soil | 14 | | or substrate and harvested above the soil or substrate line. | 15 | | "Mobile farmers markets" means a farmers market that is | 16 | | operated from a movable motor drive or propelled vehicle or | 17 | | trailer that can change location, including a farmers market | 18 | | that is owned and operated by a farmer or a third party selling | 19 | | products on behalf of farmers or cottage food operations with | 20 | | the intent of a direct sale to an end consumer. | 21 | | "Potentially hazardous food" means a food that is | 22 | | potentially hazardous according to the Department's | 23 | | administrative rules. Potentially hazardous food (PHF) in | 24 | | general means a food that requires time and temperature | 25 | | control for safety (TCS) to limit pathogenic microorganism | 26 | | growth or toxin formation. |
| | | 10300SB2617sam002 | - 4 - | LRB103 34813 CES 71331 a |
|
| 1 | | "Sprout" means any seedling intended for human consumption | 2 | | that was produced in a manner that does not meet the definition | 3 | | of microgreen. | 4 | | "Time/temperature control for safety food" means a food | 5 | | that is stored under time or temperature control for food | 6 | | safety according to the Department's administrative rules. | 7 | | (b) A cottage food operation may produce homemade food and | 8 | | drink provided that all of the following conditions are met: | 9 | | (1) (Blank). | 10 | | (1.3) A cottage food operation must register with the | 11 | | local health department for the unit of local government | 12 | | in which it is located, but may sell products outside of | 13 | | the unit of local government where the cottage food | 14 | | operation is located. If a county does not have a local | 15 | | health department, the county shall enter into an | 16 | | agreement or contract with a local health department in an | 17 | | adjacent county to register cottage food operations in the | 18 | | jurisdiction of the county that does not have a health | 19 | | department. The adjacent local health department where the | 20 | | cottage food operation registers has the powers described | 21 | | in subsection (d). A copy of the certificate of | 22 | | registration must be available upon request by any local | 23 | | health department. | 24 | | (1.5) A cottage food operation shall not sell or offer | 25 | | to sell the following food items or processed foods | 26 | | containing the following food items, except as indicated: |
| | | 10300SB2617sam002 | - 5 - | LRB103 34813 CES 71331 a |
|
| 1 | | (A) meat, poultry, fish, seafood, or shellfish; | 2 | | (B) dairy, except as an ingredient in a | 3 | | non-potentially hazardous baked good or candy that is | 4 | | not a time/temperature control for safety food , such | 5 | | as caramel, subject to paragraph (4), or as an | 6 | | ingredient in a baked good frosting, such as | 7 | | buttercream; | 8 | | (C) eggs, except as an ingredient in a food that is | 9 | | not a time/temperature control for safety food | 10 | | non-potentially hazardous food , including dry noodles, | 11 | | or as an ingredient in a baked good frosting, such as | 12 | | buttercream, if the eggs are not raw; | 13 | | (D) pumpkin pies, sweet potato pies, cheesecakes, | 14 | | custard pies, creme pies, and pastries with | 15 | | time/temperature control for safety foods that are | 16 | | potentially hazardous fillings or toppings; | 17 | | (E) garlic in oil or oil infused with garlic, | 18 | | except if the garlic oil is acidified; | 19 | | (F) low-acid canned foods; | 20 | | (G) sprouts; | 21 | | (H) cut leafy greens, except for cut leafy greens | 22 | | that are dehydrated, acidified, or blanched and | 23 | | frozen; | 24 | | (I) cut or pureed fresh tomato or melon; | 25 | | (J) dehydrated tomato or melon; | 26 | | (K) frozen cut melon; |
| | | 10300SB2617sam002 | - 6 - | LRB103 34813 CES 71331 a |
|
| 1 | | (L) wild-harvested, non-cultivated mushrooms; | 2 | | (M) alcoholic beverages; or | 3 | | (N) kombucha. | 4 | | (1.6) In order to sell canned tomatoes or a canned | 5 | | product containing tomatoes, a cottage food operator shall | 6 | | either: | 7 | | (A) follow exactly a recipe that has been tested | 8 | | by the United States Department of Agriculture or by a | 9 | | state cooperative extension located in this State or | 10 | | any other state in the United States; or | 11 | | (B) submit the recipe, at the cottage food | 12 | | operator's expense, to a commercial laboratory | 13 | | according to the commercial laboratory's directions to | 14 | | test that the product has been adequately acidified; | 15 | | use only the varietal or proportionate varietals of | 16 | | tomato included in the tested recipe for all | 17 | | subsequent batches of such recipe; and provide | 18 | | documentation of the annual test results of the recipe | 19 | | submitted under this subparagraph upon registration | 20 | | and to an inspector upon request during any inspection | 21 | | authorized by subsection (d). | 22 | | (2) In order to sell a fermented or acidified food, a | 23 | | cottage food operation shall either: | 24 | | (A) submit a recipe that has been tested by the | 25 | | United States Department of Agriculture or a | 26 | | cooperative extension system located in this State or |
| | | 10300SB2617sam002 | - 7 - | LRB103 34813 CES 71331 a |
|
| 1 | | any other state in the United States; or | 2 | | (B) submit a written food safety plan for each | 3 | | category of products for which the cottage food | 4 | | operator uses the same procedures, such as pickles, | 5 | | kimchi, or hot sauce, and a pH test for a single | 6 | | product that is representative of that category; the | 7 | | written food safety plan shall be submitted annually | 8 | | upon registration and each pH test shall be submitted | 9 | | every 3 years; the food safety plan shall adhere to | 10 | | guidelines developed by the Department. | 11 | | (3) A fermented or acidified food shall be packaged | 12 | | according to one of the following standards: | 13 | | (A) A fermented or acidified food that is canned | 14 | | must be processed in a boiling water bath in a | 15 | | Mason-style jar or glass container with a | 16 | | tight-fitting lid. | 17 | | (B) A fermented or acidified food that is not | 18 | | canned shall be sold in any container that is new, | 19 | | clean, and seals properly and must be stored, | 20 | | transported, and sold at or below 41 degrees. | 21 | | (4) In order to sell a baked good with cheese, a local | 22 | | health department may require a cottage food operation to | 23 | | submit a recipe, at the cottage food operator's expense, | 24 | | to a commercial laboratory to verify that it is not a | 25 | | time-or-temperature control for safety food | 26 | | non-potentially hazardous before allowing the cottage food |
| | | 10300SB2617sam002 | - 8 - | LRB103 34813 CES 71331 a |
|
| 1 | | operation to sell the baked good as a cottage food. | 2 | | (5) For a cottage food operation that does not utilize | 3 | | a municipal water supply, such as an operation using a | 4 | | private well, a local health department may require a | 5 | | water sample test to verify that the water source being | 6 | | used meets public safety standards related to E. coli | 7 | | coliform. If a test is requested, it must be conducted at | 8 | | the cottage food operator's expense. | 9 | | (6) A person preparing or packaging a product as part | 10 | | of a cottage food operation must be a Department-approved | 11 | | certified food protection manager. | 12 | | (7) Food packaging must conform with the labeling | 13 | | requirements of the Illinois Food, Drug and Cosmetic Act. | 14 | | A cottage food product shall be prepackaged and the food | 15 | | packaging shall be affixed with a prominent label that | 16 | | includes the following: | 17 | | (A) the name of the cottage food operation and | 18 | | unit of local government in which the cottage food | 19 | | operation is located; | 20 | | (B) the identifying registration number provided | 21 | | by the local health department on the certificate of | 22 | | registration and the name of the municipality or | 23 | | county in which the registration was filed; | 24 | | (C) the common or usual name of the food product; | 25 | | (D) all ingredients of the food product, including | 26 | | any color, artificial flavor, and preservative, listed |
| | | 10300SB2617sam002 | - 9 - | LRB103 34813 CES 71331 a |
|
| 1 | | in descending order by predominance of weight shown | 2 | | with the common or usual names; | 3 | | (E) the following phrase in prominent lettering: | 4 | | "This product was produced in a home kitchen not | 5 | | inspected by a health department that may also process | 6 | | common food allergens. If you have safety concerns, | 7 | | contact your local health department."; | 8 | | (F) the date the product was processed; and | 9 | | (G) allergen labeling as specified under federal | 10 | | labeling requirements. | 11 | | (8) Food packaging may include the designation | 12 | | "Illinois-grown", "Illinois-sourced", or "Illinois farm | 13 | | product" if the packaged product is a local farm or food | 14 | | product as that term is defined in Section 5 of the Local | 15 | | Food, Farms, and Jobs Act. | 16 | | (9) In the case of a product that is difficult to | 17 | | properly label or package, or for other reasons, the local | 18 | | health department of the location where the product is | 19 | | sold may grant permission to sell products that are not | 20 | | prepackaged, in which case other prominent written notice | 21 | | shall be provided to the purchaser. | 22 | | (10) At the point of sale, notice must be provided in a | 23 | | prominent location that states the following: "This | 24 | | product was produced in a home kitchen not inspected by a | 25 | | health department that may also process common food | 26 | | allergens." At a physical display, notice shall be a |
| | | 10300SB2617sam002 | - 10 - | LRB103 34813 CES 71331 a |
|
| 1 | | placard. Online, notice shall be a message on the cottage | 2 | | food operation's online sales interface at the point of | 3 | | sale. | 4 | | (11) Food and drink produced by a cottage food | 5 | | operation shall be sold directly to consumers for their | 6 | | own consumption and not for resale. Sales directly to | 7 | | consumers include, but are not limited to, sales at or | 8 | | through: | 9 | | (A) farmers' markets; | 10 | | (B) fairs, festivals, public events, or online; | 11 | | (C) pickup from the private home or farm of the | 12 | | cottage food operator, if the pickup is not prohibited | 13 | | by any law of the unit of local government that applies | 14 | | equally to all cottage food operations; in a | 15 | | municipality with a population of 1,000,000 or more, a | 16 | | cottage food operator shall comply with any law of the | 17 | | municipality that applies equally to all home-based | 18 | | businesses; | 19 | | (D) delivery to the customer; and | 20 | | (E) pickup from a third-party private property | 21 | | with the consent of the third-party property holder ; | 22 | | and | 23 | | (F) mobile farmers markets . | 24 | | (12) Only food that is not a time-or-temperature | 25 | | control for safety food non-potentially hazardous may be | 26 | | shipped. A cottage food product shall not be shipped out |
| | | 10300SB2617sam002 | - 11 - | LRB103 34813 CES 71331 a |
|
| 1 | | of State. Each cottage food product that is shipped must | 2 | | be sealed in a manner that reveals tampering, including, | 3 | | but not limited to, a sticker or pop top. | 4 | | (13) Alcohol may be used to make extracts, such as | 5 | | vanilla extract, or may be used as an ingredient in baked | 6 | | goods as long as the created product is not intended for | 7 | | use as a beverage. | 8 | | (14) Time/temperature control for safety foods shall | 9 | | be maintained and transported at holding temperatures as | 10 | | set in the Department's administrative rules to ensure the | 11 | | food's safety and limit microorganism growth or toxin | 12 | | formation. | 13 | | (15) A product assessment of pH and water activity may | 14 | | be used to show that a product is non-time or temperature | 15 | | controlled for food safety and does not require | 16 | | temperature control. | 17 | | (c) A local health department shall register any eligible | 18 | | cottage food operation that meets the requirements of this | 19 | | Section and shall issue a certificate of registration with an | 20 | | identifying registration number to each registered cottage | 21 | | food operation. A local health department may establish a | 22 | | self-certification program for cottage food operators to | 23 | | affirm compliance with applicable laws, rules, and | 24 | | regulations. Registration shall be completed annually and the | 25 | | local health department may impose a fee not to exceed $50. | 26 | | (d) In the event of a consumer complaint or foodborne |
| | | 10300SB2617sam002 | - 12 - | LRB103 34813 CES 71331 a |
|
| 1 | | illness outbreak, upon notice from a different local health | 2 | | department, or if the Department or a local health department | 3 | | has reason to believe that an imminent health hazard exists or | 4 | | that a cottage food operation's product has been found to be | 5 | | misbranded, adulterated, or not in compliance with the | 6 | | conditions for cottage food operations set forth in this | 7 | | Section, the Department or the local health department may: | 8 | | (1) inspect the premises of the cottage food operation | 9 | | in question; | 10 | | (2) set a reasonable fee for the inspection; and | 11 | | (3) invoke penalties and the cessation of the sale of | 12 | | cottage food products until it deems that the situation | 13 | | has been addressed to the satisfaction of the Department | 14 | | or local health department; if the situation is not | 15 | | amenable to being addressed, the local health department | 16 | | may revoke the cottage food operation's registration | 17 | | following a process outlined by the local health | 18 | | department. | 19 | | (e) A local health department that receives a consumer | 20 | | complaint or a report of foodborne illness related to a | 21 | | cottage food operator in another jurisdiction shall refer the | 22 | | complaint or report to the local health department where the | 23 | | cottage food operator is registered. | 24 | | (f) By January 1, 2022, the Department, in collaboration | 25 | | with local public health department associations and other | 26 | | stakeholder groups, shall write and issue administrative |
| | | 10300SB2617sam002 | - 13 - | LRB103 34813 CES 71331 a |
|
| 1 | | guidance to local health departments on the following: | 2 | | (1) development of a standard registration form, | 3 | | including, if applicable, a written food safety plan; | 4 | | (2) development of a Home-Certification Self Checklist | 5 | | Form; | 6 | | (3) development of a standard inspection form and | 7 | | inspection procedures; and | 8 | | (4) procedures for cottage food operation workspaces | 9 | | that include, but are not limited to, cleaning products, | 10 | | general sanitation, and requirements for functional | 11 | | equipment. | 12 | | (g) A person who produces or packages a non-potentially | 13 | | hazardous baked good that is not a time/temperature control | 14 | | for safety food for sale by a religious, charitable, or | 15 | | nonprofit organization for fundraising purposes is exempt from | 16 | | the requirements of this Section. | 17 | | (h) A home rule unit may not regulate cottage food | 18 | | operations in a manner inconsistent with the regulation by the | 19 | | State of cottage food operations under this Section. This | 20 | | Section is a limitation under subsection (i) of Section 6 of | 21 | | Article VII of the Illinois Constitution on the concurrent | 22 | | exercise by home rule units of powers and functions exercised | 23 | | by the State. | 24 | | (i) The Department may adopt rules as may be necessary to | 25 | | implement the provisions of this Section. | 26 | | (Source: P.A. 101-81, eff. 7-12-19; 102-633, eff. 1-1-22 .)". |
|