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Sen. Donne E. Trotter
Filed: 5/9/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5354
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5354 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Food Handling Regulation Enforcement Act is |
| 5 | | amended by adding Section 3.4 as follows:
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| 6 | | (410 ILCS 625/3.4 new) |
| 7 | | Sec. 3.4. Home kitchen operation. |
| 8 | | (a) For the purpose of this Section, "home kitchen |
| 9 | | operation" means a person who produces or packages |
| 10 | | non-potentially hazardous food in a kitchen of that person's |
| 11 | | primary domestic residence for direct sale by the owner or a |
| 12 | | family member, or for sale by a religious, charitable, or |
| 13 | | nonprofit organization, stored in the residence where the food |
| 14 | | is made. The following conditions must be met in order to |
| 15 | | qualify as a home kitchen operation: |
| 16 | | (1) Monthly gross sales do not exceed $1,000. |
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| 1 | | (2) The food is a non-potentially hazardous baked food, |
| 2 | | as defined in Section 4 of this Act. |
| 3 | | (3) A written notice is provided to the purchaser that |
| 4 | | the product was produced in a home kitchen. |
| 5 | | (4) The non-potentially hazardous baked food packaging |
| 6 | | conforms to the labeling requirements of the Illinois Food, |
| 7 | | Drug and Cosmetic Act and includes the following |
| 8 | | information on the label of each of its products: |
| 9 | | (A) the name and address of the home kitchen |
| 10 | | operation; |
| 11 | | (B) the common or usual name of the food product; |
| 12 | | (C) all ingredients of the food product, including |
| 13 | | any colors, artificial flavors, and preservatives, |
| 14 | | listed in descending order by predominance of weight |
| 15 | | shown with common or usual names; |
| 16 | | (D) the following phrase: "This product was |
| 17 | | produced in a home kitchen not subject to public health |
| 18 | | inspection that may also process common food |
| 19 | | allergens."; |
| 20 | | (E) the date the product was processed; and |
| 21 | | (F) allergen labeling as specified in federal |
| 22 | | labeling requirements. |
| 23 | | (5) The name and residence of the person preparing and |
| 24 | | selling products as a home kitchen operation is registered |
| 25 | | with the unit of local government where the home kitchen |
| 26 | | operation resides. |
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| 1 | | (6) The person preparing and selling products as a home |
| 2 | | kitchen operation has a Department of Public Health |
| 3 | | approved Food Service Sanitation Management Certificate. |
| 4 | | (7) The home kitchen operation shall register with the |
| 5 | | State-certified local public health department, which may |
| 6 | | include a reasonable fee set by the State-certified local |
| 7 | | public health department. |
| 8 | | (b) The Department of Public Health or the health |
| 9 | | department of a unit of local government may inspect a home |
| 10 | | kitchen operation in the event of a complaint or disease |
| 11 | | outbreak. |
| 12 | | (c) The provision for direct sales in this Section applies |
| 13 | | only to a home kitchen operation located in a municipality, |
| 14 | | township, or county where the local governing body has adopted |
| 15 | | an ordinance authorizing the direct sale of baked goods as |
| 16 | | described in Section 4 of this Act.
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| 17 | | Section 99. Effective date. This Act takes effect upon |
| 18 | | becoming law.".
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