Public Act 102-0633
 
SB2007 EnrolledLRB102 12761 CPF 18100 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 has been are heat processed 
sufficiently under United States Department of Agriculture 
guidelines 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 kitchen on a farm 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. 
    "Local health department" means a State-certified health 
department of a unit of local government in which a cottage 
food operation is located.
    "Local public health department association" means an 
association solely representing 2 or more State-certified 
local health departments.
    "Low-acid canned food" means any canned food with a 
finished equilibrium pH greater than 4.6 and a water activity 
(aw) greater than 0.85. 
    "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) A cottage food operation may produce homemade food and 
drink provided that all of the following conditions are met: 
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).
        (1.3) A cottage food operation must register with the 
    local health department for the unit of local government 
    in which it is located, but may sell products outside of 
    the unit of local government where the cottage food 
    operation is located. A copy of the certificate of 
    registration must be available upon request by any local 
    health department. 
        (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 (4), or as an ingredient 
        in a baked good frosting, such as buttercream (1.8);
            (C) eggs, except as an ingredient in a 
        non-potentially hazardous food, including baked good 
        or in dry noodles, or as an ingredient in a baked good 
        frosting, such as buttercream, if the eggs are not 
        raw;
            (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) low-acid canned foods; 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;
                (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;
            (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 
        according to the commercial laboratory's directions 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 annual test results of the recipe 
        submitted under this subparagraph upon registration 
        and to an inspector upon request during any inspection 
        authorized by paragraph (2) of subsection (d). 
        (2) In order to sell a fermented or acidified food, a 
    cottage food operation shall either:
            (A) submit a recipe that has been tested by the 
        United States Department of Agriculture or a 
        cooperative extension system located in this State or 
        any other state in the United States; or
            (B) submit a written food safety plan for each 
        category of products for which the cottage food 
        operator uses the same procedures, such as pickles, 
        kimchi, or hot sauce, and a pH test for a single 
        product that is representative of that category; the 
        written food safety plan shall be submitted annually 
        upon registration and each pH test shall be submitted 
        every 3 years; the food safety plan shall adhere to 
        guidelines developed by the Department.
        (3) A fermented or acidified food shall be packaged 
    according to one of the following standards:
            (A) A fermented or acidified food that is canned 
        must be processed in a boiling water bath in a 
        Mason-style jar or glass container with a 
        tight-fitting lid.
            (B) A fermented or acidified food that is not 
        canned shall be sold in any container that is new, 
        clean, and seals properly and must be stored, 
        transported, and sold at or below 41 degrees. 
        (4) In order to sell a baked good with cheese, a local 
    health department may require a cottage food operation to 
    submit a recipe, 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.
        (5) For a cottage food operation that does not utilize 
    a municipal water supply, such as an operation using a 
    private well, a local health department may require a 
    water sample test to verify that the water source being 
    used meets public safety standards related to E. coli 
    coliform. If a test is requested, it must be conducted at 
    the cottage food operator's expense.
        (6) A person preparing or packaging a product as part 
    of a cottage food operation must be a Department-approved 
    certified food protection manager.
        (7) Food packaging must conform with the labeling 
    requirements of the Illinois Food, Drug and Cosmetic Act. 
    A cottage food product shall be prepackaged and the food 
    packaging shall be affixed with a prominent label that 
    includes the following:
            (A) the name of the cottage food operation and 
        unit of local government in which the cottage food 
        operation is located;
            (B) the identifying registration number provided 
        by the local health department on the certificate of 
        registration and the name of the municipality or 
        county in which the registration was filed;
            (C) the common or usual name of the food product;
            (D) all ingredients of the food product, including 
        any color, artificial flavor, and preservative, listed 
        in descending order by predominance of weight shown 
        with the common or usual names;
            (E) the following phrase in prominent lettering: 
        "This product was produced in a home kitchen not 
        inspected by a health department that may also process 
        common food allergens. If you have safety concerns, 
        contact your local health department.";
            (F) the date the product was processed; and
            (G) allergen labeling as specified under federal 
        labeling requirements. 
        (8) Food packaging may include the designation 
    "Illinois-grown", "Illinois-sourced", or "Illinois farm 
    product" if the packaged product is a local farm or food 
    product as that term is defined in Section 5 of the Local 
    Food, Farms, and Jobs Act.
        (9) In the case of a product that is difficult to 
    properly label or package, or for other reasons, the local 
    health department of the location where the product is 
    sold may grant permission to sell products that are not 
    prepackaged, in which case other prominent written notice 
    shall be provided to the purchaser.
        (10) At the point of sale, notice must be provided in a 
    prominent location that states the following: "This 
    product was produced in a home kitchen not inspected by a 
    health department that may also process common food 
    allergens." At a physical display, notice shall be a 
    placard. Online, notice shall be a message on the cottage 
    food operation's online sales interface at the point of 
    sale.
        (11) Food and drink produced by a cottage food 
    operation shall be sold directly to consumers for their 
    own consumption and not for resale. Sales directly to 
    consumers include, but are not limited to, sales at or 
    through:
            (A) farmers' markets;
            (B) fairs, festivals, public events, or online;
            (C) pickup from the private home or farm of the 
        cottage food operator, if the pickup is not prohibited 
        by any law of the unit of local government that applies 
        equally to all cottage food operations; in a 
        municipality with a population of 1,000,000 or more, a 
        cottage food operator shall comply with any law of the 
        municipality that applies equally to all home-based 
        businesses; 
            (D) delivery to the customer; and
            (E) pickup from a third-party private property 
        with the consent of the third-party property holder.
        (12) Only food that is non-potentially hazardous may 
    be shipped. A cottage food product shall not be shipped 
    out of State. Each cottage food product that is shipped 
    must be sealed in a manner that reveals tampering, 
    including, but not limited to, a sticker or pop top. 
    (c) A local health department shall register any eligible 
cottage food operation that meets the requirements of this 
Section and shall issue a certificate of registration with an 
identifying registration number to each registered cottage 
food operation. A local health department may establish a 
self-certification program for cottage food operators to 
affirm compliance with applicable laws, rules, and 
regulations. Registration shall be completed annually and the 
local health department may impose a fee not to exceed $50. 
    (d) In the event of a consumer complaint or foodborne 
illness outbreak, upon notice from a different local health 
department, or if the Department or a local health department 
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 
conditions for cottage food operations set forth in this 
Section, the Department or the local health department may:
        (1) inspect the premises of the cottage food operation 
    in question;
        (2) set a reasonable fee for the inspection; and
        (3) invoke penalties and the cessation of the sale of 
    cottage food products until it deems that the situation 
    has been addressed to the satisfaction of the Department 
    or local health department; if the situation is not 
    amenable to being addressed, the local health department 
    may revoke the cottage food operation's registration 
    following a process outlined by the local health 
    department. 
    (e) A local health department that receives a consumer 
complaint or a report of foodborne illness related to a 
cottage food operator in another jurisdiction shall refer the 
complaint or report to the local health department where the 
cottage food operator is registered. 
    (f) By January 1, 2022, the Department, in collaboration 
with local public health department associations and other 
stakeholder groups, shall write and issue administrative 
guidance to local health departments on the following: 
        (1) development of a standard registration form, 
    including, if applicable, a written food safety plan;
        (2) development of a Home-Certification Self Checklist 
    Form;
        (3) development of a standard inspection form and 
    inspection procedures; and
        (4) procedures for cottage food operation workspaces 
    that include, but are not limited to, cleaning products, 
    general sanitation, and requirements for functional 
    equipment.
    (g) 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 this Section.
    (h) A home rule unit may not regulate cottage food 
operations in a manner inconsistent with the regulation by the 
State of cottage food operations under this Section. This 
Section is a limitation under subsection (i) of Section 6 of 
Article VII of the Illinois Constitution on the concurrent 
exercise by home rule units of powers and functions exercised 
by the State.
        (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 are 
    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. 

    (i) (e) The Department may adopt rules as may be necessary 
to implement the provisions of this Section.
(Source: P.A. 100-35, eff. 1-1-18; 100-1069, eff. 8-24-18; 
101-81, eff. 7-12-19.)
 

    Section 99. Effective date. This Act takes effect January 
1, 2022.