Public Act 098-0643
 
HB5354 EnrolledLRB098 19952 RPM 55177 b


  
    AN ACT concerning public 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 adding Section 3.4 as follows:
 
    (410 ILCS 625/3.4 new)
    Sec. 3.4. Home kitchen operation.
    (a) For the purpose of this Section, "home kitchen 
operation" means a person who produces or packages 
non-potentially hazardous food in a kitchen of that person's 
primary domestic residence for direct sale by the owner or a 
family member, or for sale by a religious, charitable, or 
nonprofit organization, stored in the residence where the food 
is made. The following conditions must be met in order to 
qualify as a home kitchen operation:
        (1)            Monthly gross sales do not exceed $1,000.
        (2)            The food is not a potentially hazardous baked food, 
    as defined in Section 4 of this Act.
        (3)            A notice is provided to the purchaser that the 
    product was produced in a home kitchen.
    (b) The Department of Public Health or the health 
department of a unit of local government may inspect a home 
kitchen operation in the event of a complaint or disease 
outbreak. 
    (c) This Section applies only to a home kitchen operation 
located in a municipality, township, or county where the local 
governing body has adopted an ordinance authorizing the direct 
sale of baked goods as described in Section 4 of this Act. 
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.