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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Food Handling Regulation Enforcement Act is | ||||||
5 | 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 | or (ii) it is fermented to produce a final equilibrium pH of | ||||||
12 | 4.6 or below. | ||||||
13 | "Canned food" means food preserved in air-tight, | ||||||
14 | vacuum-sealed containers that are heat processed sufficiently | ||||||
15 | to enable storing the food at normal home temperatures. | ||||||
16 | "Cottage food operation" means an operation conducted by a | ||||||
17 | person who produces or packages food or drink, other than foods | ||||||
18 | and drinks listed as prohibited in paragraph (1.5) of | ||||||
19 | subsection (b) of this Section, in a kitchen located in that | ||||||
20 | person's primary domestic residence or another appropriately | ||||||
21 | designed and equipped residential or commercial-style kitchen | ||||||
22 | on that property for direct sale by the owner, a family member, | ||||||
23 | or employee. |
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1 | "Cut leafy greens" means fresh leafy greens whose leaves
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2 | have been cut, shredded, sliced, chopped, or torn. "Cut leafy
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3 | greens" does not mean cut-to-harvest leafy greens. | ||||||
4 | "Department" means the Department of Public Health. | ||||||
5 | "Equilibrium pH" means the final potential of hydrogen | ||||||
6 | measured in an acidified food after all the components of the | ||||||
7 | food have achieved the same acidity. | ||||||
8 | "Farmers' market" means a common facility or area where
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9 | farmers gather to sell a variety of fresh fruits and vegetables
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10 | and other locally produced farm and food products directly to
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11 | consumers. | ||||||
12 | "Leafy greens" includes iceberg lettuce; romaine lettuce;
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13 | leaf lettuce; butter lettuce; baby leaf lettuce, such as
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14 | immature lettuce or leafy greens; escarole; endive; spring mix;
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15 | spinach; cabbage; kale; arugula; and chard. "Leafy greens" does
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16 | not include microgreens or herbs such as cilantro or parsley. | ||||||
17 | "Main ingredient" means an agricultural product that is the | ||||||
18 | defining or distinctive ingredient in a cottage food product, | ||||||
19 | though not necessarily by predominance of weight. | ||||||
20 | "Microgreen" means an edible plant seedling grown in soil
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21 | or substrate and harvested above the soil or substrate line. | ||||||
22 | "Potentially hazardous food" means a food that is | ||||||
23 | potentially hazardous according to the Department's | ||||||
24 | administrative rules. Potentially hazardous food (PHF) in | ||||||
25 | general means a food that requires time and temperature control | ||||||
26 | for safety (TCS) to limit pathogenic microorganism growth or |
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1 | toxin formation. | ||||||
2 | "Sprout" means any seedling intended for human consumption | ||||||
3 | that was produced in a manner that does not meet the definition | ||||||
4 | of microgreen. | ||||||
5 | (b) Notwithstanding any other provision of law and except | ||||||
6 | as provided in subsections (c), (d), and (e) of this Section, | ||||||
7 | neither the Department nor the Department of Agriculture nor | ||||||
8 | the health department of a unit of local government may | ||||||
9 | regulate the transaction of food or drink by a cottage food | ||||||
10 | operation providing that all of the following conditions are | ||||||
11 | met: | ||||||
12 | (1) (Blank). | ||||||
13 | (1.5) A cottage food operation may produce homemade | ||||||
14 | food and drink. However, a cottage food operation, unless | ||||||
15 | properly licensed, certified, and compliant with all | ||||||
16 | requirements to sell a listed food item under the laws and | ||||||
17 | regulations pertinent to that food item, shall not sell or | ||||||
18 | offer to sell the following food items or processed foods | ||||||
19 | containing the following food items, except as indicated: | ||||||
20 | (A) meat, poultry, fish, seafood, or shellfish; | ||||||
21 | (B) dairy, except as an ingredient in a | ||||||
22 | non-potentially hazardous baked good or candy, such as | ||||||
23 | caramel , subject to paragraph (1.8) ; | ||||||
24 | (C) eggs, except as an ingredient in a | ||||||
25 | non-potentially hazardous baked good or in dry | ||||||
26 | noodles; |
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1 | (D) pumpkin pies, sweet potato pies, cheesecakes, | ||||||
2 | custard pies, creme pies, and pastries with | ||||||
3 | potentially hazardous fillings or toppings; | ||||||
4 | (E) garlic in oil or oil infused with garlic, | ||||||
5 | except if the garlic oil is acidified ; | ||||||
6 | (F) canned foods, except for the following, which | ||||||
7 | may be canned only in Mason-style jars with new lids: | ||||||
8 | (i) fruit jams, fruit jellies, fruit | ||||||
9 | preserves, or fruit butters ; , | ||||||
10 | (ii) syrups; | ||||||
11 | (iii) whole or cut fruit canned in syrup; and | ||||||
12 | (iv) acidified fruit or vegetables prepared | ||||||
13 | and offered for sale in compliance with paragraph | ||||||
14 | (1.6) ; and | ||||||
15 | (v) condiments such as prepared mustard, | ||||||
16 | horseradish, or ketchup that do not contain | ||||||
17 | ingredients prohibited under this Section and that | ||||||
18 | are prepared and offered for sale in compliance | ||||||
19 | with paragraph (1.6); | ||||||
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; |
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1 | (L) wild-harvested, non-cultivated mushrooms; or | ||||||
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 by | ||||||
8 | 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 to test | ||||||
13 | that the product has been adequately acidified; use | ||||||
14 | only the varietal or proportionate varietals of tomato | ||||||
15 | included in the tested recipe for all subsequent | ||||||
16 | batches of such recipe; and provide documentation of | ||||||
17 | the test results of the recipe submitted under this | ||||||
18 | subparagraph to an inspector upon request during any | ||||||
19 | inspection authorized by paragraph (2) of subsection | ||||||
20 | (d). | ||||||
21 | (1.7) A State-certified local public health department | ||||||
22 | that regulates the service of food by a cottage food | ||||||
23 | operation in accordance with subsection (d) of this Section | ||||||
24 | may require a cottage food operation to submit a canned | ||||||
25 | food that is subject to paragraph (1.6), at the cottage | ||||||
26 | food operator's expense, to a commercial laboratory to |
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1 | verify that the product has a final equilibrium pH of 4.6 | ||||||
2 | or below. | ||||||
3 | (1.8) A State-certified local public health department | ||||||
4 | that regulates the service of food by a cottage food | ||||||
5 | operation in accordance with subsection (d) of this Section | ||||||
6 | may require a cottage food operation to submit a recipe for | ||||||
7 | any baked good containing cheese, at the cottage food | ||||||
8 | operator's expense, to a commercial laboratory to verify | ||||||
9 | that it is non-potentially hazardous before allowing the | ||||||
10 | cottage food operation to sell the baked good as a cottage | ||||||
11 | food. | ||||||
12 | (2) The food is to be sold at a farmers' market, with | ||||||
13 | the exception that cottage foods that have a locally grown | ||||||
14 | agricultural product as the main ingredient may be sold on | ||||||
15 | the farm where the agricultural product is grown or | ||||||
16 | delivered directly to the consumer. | ||||||
17 | (3) (Blank). | ||||||
18 | (4) The food packaging conforms to the labeling | ||||||
19 | requirements of the Illinois Food, Drug and Cosmetic Act | ||||||
20 | and includes the following information on the label of each | ||||||
21 | of its products: | ||||||
22 | (A) the name and address of the cottage food | ||||||
23 | operation; | ||||||
24 | (B) the common or usual name of the food product; | ||||||
25 | (C) all ingredients of the food product, including | ||||||
26 | any colors, artificial flavors, and preservatives, |
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1 | listed in descending order by predominance of weight | ||||||
2 | shown with common or usual names; | ||||||
3 | (D) the following phrase: "This product was | ||||||
4 | produced in a home kitchen not subject to public health | ||||||
5 | inspection that may also process common food | ||||||
6 | allergens."; | ||||||
7 | (E) the date the product was processed; and | ||||||
8 | (F) allergen labeling as specified in federal | ||||||
9 | labeling requirements. | ||||||
10 | (5) The name and residence of the person preparing and | ||||||
11 | selling products as a cottage food operation is registered | ||||||
12 | with the health department of a unit of local government | ||||||
13 | where the cottage food operation resides. No fees shall be | ||||||
14 | charged for registration. Registration shall be for a | ||||||
15 | minimum period of one year. | ||||||
16 | (6) The person preparing or packaging products as a | ||||||
17 | cottage food operation has a Department approved Food | ||||||
18 | Service Sanitation Management Certificate. | ||||||
19 | (7) At the point of sale a placard is displayed in a | ||||||
20 | prominent location that states the following: "This | ||||||
21 | product was produced in a home kitchen not subject to | ||||||
22 | public health inspection that may also process common food | ||||||
23 | allergens.". | ||||||
24 | (c) Notwithstanding the provisions of subsection (b) of | ||||||
25 | this Section, if the Department or the health department of a | ||||||
26 | unit of local government has received a consumer complaint or |
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1 | has reason to believe that an imminent health hazard exists or | ||||||
2 | that a cottage food operation's product has been found to be | ||||||
3 | misbranded, adulterated, or not in compliance with the | ||||||
4 | exception for cottage food operations pursuant to this Section, | ||||||
5 | then it may invoke cessation of sales of cottage food products | ||||||
6 | until it deems that the situation has been addressed to the | ||||||
7 | satisfaction of the Department. | ||||||
8 | (d) Notwithstanding the provisions of subsection (b) of | ||||||
9 | this Section, a State-certified local public health department | ||||||
10 | may, upon providing a written statement to the Department, | ||||||
11 | regulate the service of food by a cottage food operation. The | ||||||
12 | regulation by a State-certified local public health department | ||||||
13 | may include all of the following requirements: | ||||||
14 | (1) That the cottage food operation (A) register with | ||||||
15 | the State-certified local public health department, which | ||||||
16 | shall be for a minimum of one year and include a reasonable | ||||||
17 | fee set by the State-certified local public health | ||||||
18 | department that is no greater than $25 notwithstanding | ||||||
19 | paragraph (5) of subsection (b) of this Section and (B) | ||||||
20 | agree in writing at the time of registration to grant | ||||||
21 | access to the State-certified local public health | ||||||
22 | department to conduct an inspection of the cottage food | ||||||
23 | operation's primary domestic residence in the event of a | ||||||
24 | consumer complaint or foodborne illness outbreak. | ||||||
25 | (2) That in the event of a consumer complaint or | ||||||
26 | foodborne illness outbreak the State-certified local |
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1 | public health department is allowed to (A) inspect the | ||||||
2 | premises of the cottage food operation in question and (B) | ||||||
3 | set a reasonable fee for that inspection.
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4 | (e) The Department may adopt rules as may be necessary to | ||||||
5 | implement the provisions of this Section. | ||||||
6 | (Source: P.A. 99-191, eff. 1-1-16; 100-35, eff. 1-1-18 .)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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