Public Act 0632 104TH GENERAL ASSEMBLY

SB2774 Enrolled LRB104 17097 BDA 30516 b

Public Act 104-0632

AN ACT concerning health.

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

Section 5. The Sanitary Food Preparation Act is amended by adding Section 10.2 as follows:

(410 ILCS 650/10.2 new)

Sec. 10.2. Meal kit or ready-to-eat meal distribution facility; local health department.

(a) In this Section:

"Meal kit" means pre-portioned raw ingredients or cooked ingredients packaged and provided to the consumer for preparation.

"Ready-to-eat meal" means a fully cooked meal that is packaged and ready for immediate consumption or short-term reheating.

(b) If a meal kit or ready-to-eat meal distribution facility is engaged in the collection, storage, packaging, or distribution of meal kits direct to consumers, then that facility is subject to all provisions of this Act and rules adopted under this Act for food establishments. Notwithstanding any other provision of this Act, the local health department where a food distribution facility is located shall have the power to enforce and observe the rules and orders of the Department of Public Health or the local health department and the provisions of this Section. A local health department or certified local health department may establish and assess a fee for any inspection it conducts at meal kit and ready-to-eat meal distribution facilities if the fee for the inspection is not included in the fee for the operating license or permit. Meal kit and ready-to-eat meal distribution facilities shall pay inspection fees within 30 days from the date of the inspection to the local health department or certified local health department that conducted the inspection. Meal kit and ready-to-eat meal distribution facilities that do not pay inspection fees on a timely basis shall be considered not in compliance with this Act. Late fees may be applied to inspection fees not paid on a timely basis in accordance with local ordinances or policy.

(c) Meal kit and ready-to-eat meal distribution facilities must follow the following requirements for temperature control, food safety inspections, food labeling requirements, delivery, and transparency:

(1) Foods that require time and temperature control for safety shall be maintained and transported at holding temperatures according to the Department's administrative rules to ensure the food's safety and limit microorganism formation.

(2) Meal kit and ready-to-eat meal providers must use temperature-controlled packaging to maintain food safety during transit. All providers must maintain temperature logs for meal kits or ready-to-eat meals in transit while the product is directly in the providers' care and custody. Temperature logs shall be provided to the local health department or the Department of Public Health upon request.

(3) Facilities that prepare and distribute meal kits and ready-to-eat meals are subject to health inspections in accordance with standards for food establishments. Facilities that prepare and distribute meal kits and ready-to-eat meals are subject to health inspections in accordance with the inspection frequency prescribed for the relative risks of causing foodborne illness in the Department's administrative rules.

(4) All meal kits and ready-to-eat meals must be labeled in accordance with the requirements for packaged foods in the Department's standards for food establishments.

(5) Meal kits and ready-to-eat meals shall be delivered within 72 hours from the date of shipping and must be packaged with temperature-controlled materials, including ice packs or insulated containers, to maintain safe food temperatures.

(6) Meal kit and ready-to-eat meal providers shall publish on their websites or consumer-facing platforms a link to the publicly available license and inspection findings issued by the registering local health department.

(d) The Department of Public Health may adopt any rules it deems necessary for the implementation, administration, and enforcement of this Section.