Public Act 100-1069
 
SB0457 EnrolledLRB100 05001 RLC 15011 b



    AN ACT concerning health.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 






 
    Section 5. The Food Handling Regulation Enforcement Act is 
amended  by changing Section 4 as follows:
 
    (410 ILCS 625/4)
    Sec. 4. Cottage food operation.
    (a) For the purpose of this Section:
    A food is "acidified" if: (i) acid or acid ingredients are 
added to it to produce a final equilibrium pH of 4.6 or below; 
or (ii) it is fermented to produce a final equilibrium pH of 
4.6 or below. 
    "Canned food" means food preserved in air-tight, 
vacuum-sealed containers that are heat processed sufficiently 
to enable storing the food at normal home temperatures. 
    "Cottage food operation" means an operation conducted by a 
person who produces or packages food or drink, other than foods 
and drinks listed as prohibited in paragraph (1.5) of 
subsection (b) of this Section, in a kitchen located in that 
person's primary domestic residence or another appropriately 
designed and equipped residential or commercial-style kitchen 
on that property for direct sale by the owner, a family member, 
or employee.
    "Cut leafy greens" means fresh leafy greens whose leaves

have been cut, shredded, sliced, chopped, or torn. "Cut leafy

greens" does not mean cut-to-harvest leafy greens. 
    "Department" means the Department of Public Health. 
    "Equilibrium pH" means the final potential of hydrogen 
measured in an acidified food after all the components of the 
food have achieved the same acidity. 
    "Farmers' market" means a common facility or area where

farmers gather to sell a variety of fresh fruits and vegetables

and other locally produced farm and food products directly to

consumers. 
    "Leafy greens" includes iceberg lettuce; romaine lettuce;

leaf lettuce; butter lettuce; baby leaf lettuce, such as

immature lettuce or leafy greens; escarole; endive; spring mix;

spinach; cabbage; kale; arugula; and chard. "Leafy greens" does

not include microgreens or herbs such as cilantro or parsley. 
    "Main ingredient" means an agricultural product that is the 
defining or distinctive ingredient in a cottage food product, 
though not necessarily by predominance of weight. 
    "Microgreen" means an edible plant seedling grown in soil

or substrate and harvested above the soil or substrate line. 
    "Potentially hazardous food" means a food that is 
potentially hazardous according to the Department's 
administrative rules. Potentially hazardous food (PHF) in 
general means a food that requires time and temperature control 
for safety (TCS) to limit pathogenic microorganism growth or 
toxin formation.
    "Sprout" means any seedling intended for human consumption 
that was produced in a manner that does not meet the definition 
of microgreen. 
    (b) Notwithstanding any other provision of law and except 
as provided in subsections (c), (d), and (e) of this Section, 
neither the Department nor the Department of Agriculture nor 
the health department of a unit of local government may 
regulate the transaction of food or drink by a cottage food 
operation providing that all of the following conditions are 
met:
        (1) (Blank).
        (1.5) A cottage food operation may produce homemade 
    food and drink. However, a cottage food operation, unless 
    properly licensed, certified, and compliant with all 
    requirements to sell a listed food item under the laws and 
    regulations pertinent to that food item, shall not sell or 
    offer to sell the following food items or processed foods 
    containing the following food items, except as indicated:
            (A) meat, poultry, fish, seafood, or shellfish;
            (B) dairy, except as an ingredient in a 
        non-potentially hazardous baked good or candy, such as 
        caramel, subject to paragraph (1.8);
            (C) eggs, except as an ingredient in a 
        non-potentially hazardous baked good or in dry 
        noodles;
            (D) pumpkin pies, sweet potato pies, cheesecakes, 
        custard pies, creme pies, and pastries with 
        potentially hazardous fillings or toppings;
            (E) garlic in oil or oil infused with garlic, 
        except if the garlic oil is acidified;
            (F) canned foods, except for the following, which 
        may be canned only in Mason-style jars with new lids:
                (i) fruit jams, fruit jellies, fruit 
            preserves, or fruit butters; ,
                (ii) syrups;
                (iii) whole or cut fruit canned in syrup; and
                (iv) acidified fruit or vegetables prepared 
            and offered for sale in compliance with paragraph 
            (1.6); and 
                (v) condiments such as prepared mustard, 
            horseradish, or ketchup that do not contain 
            ingredients prohibited under this Section and that 
            are prepared and offered for sale in compliance 
            with paragraph (1.6); 
            (G) sprouts;
            (H) cut leafy greens, except for cut leafy greens 
        that are dehydrated, acidified, or blanched and 
        frozen;
            (I) cut or pureed fresh tomato or melon;
            (J) dehydrated tomato or melon;
            (K) frozen cut melon;
            (L) wild-harvested, non-cultivated mushrooms; or
            (M) alcoholic beverages; or
            (N) kombucha. 
        (1.6)  In order to sell canned tomatoes or a canned 
    product containing tomatoes, a cottage food operator shall 
    either: 
            (A) follow exactly a recipe that has been tested by 
        the United States Department of Agriculture or by a 
        state cooperative extension located in this State or 
        any other state in the United States; or
            (B) submit the recipe, at the cottage food 
        operator's expense, to a commercial laboratory to test 
        that the product has been adequately acidified; use 
        only the varietal or proportionate varietals of tomato 
        included in the tested recipe for all subsequent 
        batches of such recipe; and provide documentation of 
        the test results of the recipe submitted under this 
        subparagraph to an inspector upon request during any 
        inspection authorized by paragraph (2) of subsection 
        (d). 
        (1.7) A State-certified local public health department 
    that regulates the service of food by a cottage food 
    operation in accordance with subsection (d) of this Section 
    may require a cottage food operation to submit a canned 
    food that is subject to paragraph (1.6), at the cottage 
    food operator's expense, to a commercial laboratory to 
    verify that the product has a final equilibrium pH of 4.6 
    or below.
        (1.8) A State-certified local public health department 
    that regulates the service of food by a cottage food 
    operation in accordance with subsection (d) of this Section 
    may require a cottage food operation to submit a recipe for 
    any baked good containing cheese, at the cottage food 
    operator's expense, to a commercial laboratory to verify 
    that it is non-potentially hazardous before allowing the 
    cottage food operation to sell the baked good as a cottage 
    food. 
        (2) The food is to be sold at a farmers' market, with 
    the exception that cottage foods that have a locally grown 
    agricultural product as the main ingredient may be sold on 
    the farm where the agricultural product is grown or 
    delivered directly to the consumer.
        (3) (Blank).
        (4) The food packaging conforms to the labeling 
    requirements of the Illinois Food, Drug and Cosmetic Act 
    and includes the following information on the label of each 
    of its products:
            (A) the name and address of the cottage food 
        operation;
            (B) the common or usual name of the food product;
            (C) all ingredients of the food product, including 
        any colors, artificial flavors, and preservatives, 
        listed in descending order by predominance of weight 
        shown with common or usual names;
            (D) the following phrase: "This product was 
        produced in a home kitchen not subject to public health 
        inspection that may also process common food 
        allergens.";
            (E) the date the product was processed; and
            (F) allergen labeling as specified in federal 
        labeling requirements.
        (5) The name and residence of the person preparing and 
    selling products as a cottage food operation is registered 
    with the health department of a unit of local government 
    where the cottage food operation resides. No fees shall be 
    charged for registration. Registration shall be for a 
    minimum period of one year. 
        (6) The person preparing or packaging products as a 
    cottage food operation has a Department approved Food 
    Service Sanitation Management Certificate.
        (7) At the point of sale a placard is displayed in a 
    prominent location that states the following: "This 
    product was produced in a home kitchen not subject to 
    public health inspection that may also process common food 
    allergens.".
    (c) Notwithstanding the provisions of subsection (b) of 
this Section, if the Department or the health department of a 
unit of local government has received a consumer complaint or 
has reason to believe that an imminent health hazard exists or 
that a cottage food operation's product has been found to be 
misbranded, adulterated, or not in compliance with the 
exception for cottage food operations pursuant to this Section, 
then it may invoke cessation of sales of cottage food products 
until it deems that the situation has been addressed to the 
satisfaction of the Department.
    (d) Notwithstanding the provisions of subsection (b) of 
this Section, a State-certified local public health department 
may, upon providing a written statement to the Department, 
regulate the service of food by a cottage food operation. The 
regulation by a State-certified local public health department 
may include all of the following requirements: 
        (1) That the cottage food operation (A) register with 
    the State-certified local public health department, which 
    shall be for a minimum of one year and include a reasonable 
    fee set by the State-certified local public health 
    department that is no greater than $25 notwithstanding 
    paragraph (5) of subsection (b) of this Section and (B) 
    agree in writing at the time of registration to grant 
    access to the State-certified local public health 
    department to conduct an inspection of the cottage food 
    operation's primary domestic residence in the event of a 
    consumer complaint or foodborne illness outbreak.
        (2) That in the event of a consumer complaint or 
    foodborne illness outbreak the State-certified local 
    public health department is allowed to (A) inspect the 
    premises of the cottage food operation in question and (B) 
    set a reasonable fee for that inspection. 

    (e) The Department may adopt rules as may be necessary to 
implement the provisions of this Section. 
(Source: P.A. 99-191, eff. 1-1-16; 100-35, eff. 1-1-18.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.