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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Food Handling Regulation Enforcement Act is | ||||||
5 | amended by changing Sections 3.3 and 4 and by renumbering and | ||||||
6 | changing Section 3.4 as added by Public Act 98-643 as follows: | ||||||
7 | (410 ILCS 625/3.3) | ||||||
8 | Sec. 3.3. Farmers' markets. | ||||||
9 | (a) The General Assembly finds as follows: | ||||||
10 | (1) Farmers' markets, as defined in subsection (b) of | ||||||
11 | this Section, provide not only a valuable marketplace for | ||||||
12 | farmers and food artisans to sell their products directly | ||||||
13 | to consumers, but also a place for consumers to access | ||||||
14 | fresh fruits, vegetables, and other agricultural products. | ||||||
15 | (2) Farmers' markets serve as a stimulator for local | ||||||
16 | economies and for thousands of new businesses every year, | ||||||
17 | allowing farmers to sell directly to consumers and capture | ||||||
18 | the full retail value of their products. They have become | ||||||
19 | important community institutions and have figured in the | ||||||
20 | revitalization of downtown districts and rural | ||||||
21 | communities. | ||||||
22 | (3) Since 1999, the number of farmers' markets has | ||||||
23 | tripled and new ones are being established every year. |
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1 | There is a lack of consistent regulation from one county to | ||||||
2 | the next, resulting in confusion and discrepancies between | ||||||
3 | counties regarding how products may be sold. | ||||||
4 | (4) In 1999, the Department of Public Health published | ||||||
5 | Technical Information Bulletin/Food #30 in order to | ||||||
6 | outline the food handling and sanitation guidelines | ||||||
7 | required for farmers' markets, producer markets, and other | ||||||
8 | outdoor food sales events. | ||||||
9 | (5) While this bulletin was revised in 2010, there | ||||||
10 | continues to be inconsistencies, confusion, and lack of | ||||||
11 | awareness by consumers, farmers, markets, and local health | ||||||
12 | authorities of required guidelines affecting farmers' | ||||||
13 | markets from county to county. | ||||||
14 | (b) For the purposes of this Section: | ||||||
15 | "Department" means the Department of Public Health. | ||||||
16 | "Director" means the Director of Public Health. | ||||||
17 | "Farmers' market" means a common facility or area where the | ||||||
18 | primary purpose is for farmers to gather to sell a variety of | ||||||
19 | fresh fruits and vegetables and other locally produced farm and | ||||||
20 | food products directly to consumers. | ||||||
21 | (c) In order to facilitate the orderly and uniform | ||||||
22 | statewide implementation of the standards established in the | ||||||
23 | Department of Public Health's administrative rules for this | ||||||
24 | Act, the Farmers' Market Task Force shall be formed by the | ||||||
25 | Director to assist the Department in implementing statewide | ||||||
26 | administrative regulations for farmers' markets. |
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1 | (d)
This Act does not intend and shall not be construed to | ||||||
2 | limit the power of counties, municipalities, and other local | ||||||
3 | government units to regulate farmers' markets for the | ||||||
4 | protection of the public health, safety, morals, and welfare, | ||||||
5 | including, but not limited to, licensing requirements and time, | ||||||
6 | place, and manner restrictions. This Act provides for a | ||||||
7 | statewide scheme for the orderly and consistent interpretation | ||||||
8 | of the Department of Public Health administrative rules | ||||||
9 | pertaining to the safety of food and food products sold at | ||||||
10 | farmers' markets. | ||||||
11 | (e) The Farmers' Market Task Force shall consist of at | ||||||
12 | least 24 members appointed within
60 days after the effective | ||||||
13 | date of this Section. Task Force members shall consist of: | ||||||
14 | (1) one person appointed by the President of the | ||||||
15 | Senate; | ||||||
16 | (2) one person appointed by the Minority Leader of the | ||||||
17 | Senate; | ||||||
18 | (3) one person appointed by the Speaker of the House of | ||||||
19 | Representatives; | ||||||
20 | (4) one person appointed by the Minority Leader of the | ||||||
21 | House of Representatives; | ||||||
22 | (5) the Director of Public Health or his or her | ||||||
23 | designee; | ||||||
24 | (6) the Director of Agriculture or his or her designee; | ||||||
25 | (7) a representative of a general agricultural | ||||||
26 | production association appointed by the Department of |
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1 | Agriculture; | ||||||
2 | (8) three representatives of local county public | ||||||
3 | health departments appointed by the Director and selected | ||||||
4 | from 3 different counties representing each of the | ||||||
5 | northern, central, and southern portions of this State; | ||||||
6 | (9) four members of the general public who are engaged | ||||||
7 | in local farmers' markets appointed by the Director of | ||||||
8 | Agriculture; | ||||||
9 | (10) a representative of an association representing | ||||||
10 | public health administrators appointed by the Director; | ||||||
11 | (11) a representative of an organization of public | ||||||
12 | health departments that serve the City of Chicago and the | ||||||
13 | counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, | ||||||
14 | Will, and Winnebago appointed by the Director; | ||||||
15 | (12) a representative of a general public health | ||||||
16 | association appointed by the Director; | ||||||
17 | (13) the Director of Commerce and Economic Opportunity | ||||||
18 | or his or her designee; | ||||||
19 | (14) the Lieutenant Governor or his or her designee; | ||||||
20 | and | ||||||
21 | (15) five farmers who sell their farm products at | ||||||
22 | farmers' markets appointed by the Lieutenant Governor or | ||||||
23 | his or her designee. | ||||||
24 | Task Force members' terms shall be for a period of 2 years, | ||||||
25 | with ongoing appointments made according to the provisions of | ||||||
26 | this Section. |
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1 | (f) The Task Force shall be convened by the Director or his | ||||||
2 | or her designee. Members shall elect a Task Force Chair and | ||||||
3 | Co-Chair. | ||||||
4 | (g) Meetings may be held via conference call, in person, or | ||||||
5 | both. Three members of the Task Force may call a meeting as | ||||||
6 | long as a 5-working-day notification is sent via mail, e-mail, | ||||||
7 | or telephone call to each member of the Task Force. | ||||||
8 | (h) Members of the Task Force shall serve without | ||||||
9 | compensation. | ||||||
10 | (i) The Task Force shall undertake a comprehensive and | ||||||
11 | thorough review of the current Statutes and administrative | ||||||
12 | rules that define which products and practices are permitted | ||||||
13 | and which products and practices are not permitted at farmers' | ||||||
14 | markets and to assist the Department in developing statewide | ||||||
15 | administrative regulations for farmers' markets. | ||||||
16 | (j) The Task Force shall advise the Department regarding | ||||||
17 | the content of any administrative rules adopted under this | ||||||
18 | Section and Sections 3.4, 3.5, and 4 of this Act prior to | ||||||
19 | adoption of the rules. Any administrative rules, except | ||||||
20 | emergency rules adopted pursuant to Section 5-45 of the | ||||||
21 | Illinois Administrative Procedure Act, adopted without | ||||||
22 | obtaining the advice of the Task Force are null and void. If | ||||||
23 | the Department fails to follow the advice of the Task Force, | ||||||
24 | the Department shall, prior to adopting the rules, transmit a | ||||||
25 | written explanation to the Task Force. If the Task Force, | ||||||
26 | having been asked for its advice, fails to advise the |
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1 | Department within 90 days after receiving the rules for review, | ||||||
2 | the rules shall be considered to have been approved by the Task | ||||||
3 | Force. | ||||||
4 | (k) The Department of Public Health shall provide staffing | ||||||
5 | support to the Task Force and shall help to prepare, print, and | ||||||
6 | distribute all reports deemed necessary by the Task Force. | ||||||
7 | (l) The Task Force may request assistance from any entity | ||||||
8 | necessary or useful for the performance of its duties. The Task | ||||||
9 | Force shall issue a report annually to the Secretary of the | ||||||
10 | Senate and the Clerk of the House. | ||||||
11 | (m) The following provisions shall apply concerning | ||||||
12 | statewide farmers' market food safety guidelines: | ||||||
13 | (1) The Director, in accordance with this Section, | ||||||
14 | shall adopt administrative rules (as provided by the | ||||||
15 | Illinois Administrative Procedure Act) for foods found at | ||||||
16 | farmers' markets. | ||||||
17 | (2) The rules and regulations described in this Act | ||||||
18 | shall be consistently enforced by local health authorities | ||||||
19 | throughout the State. | ||||||
20 | (2.5) Notwithstanding any other provision of law | ||||||
21 | except as provided in this Act, local public health | ||||||
22 | departments and all other units of local government are | ||||||
23 | prohibited from creating sanitation guidelines, rules, or | ||||||
24 | regulations for farmers' markets that are more stringent | ||||||
25 | than those farmers' market sanitation regulations | ||||||
26 | contained in the administrative rules adopted by the |
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1 | Department for the purposes of implementing this Section | ||||||
2 | 3.3 and Sections 3.4, 3.5, and 4 of this Act. Except as | ||||||
3 | provided for in Sections Section 3.4 and 4 of this Act, | ||||||
4 | this Act does not intend and shall not be construed to | ||||||
5 | limit the power of local health departments and other | ||||||
6 | government units from requiring licensing and permits for | ||||||
7 | the sale of commercial food products, processed food | ||||||
8 | products, prepared foods, and potentially hazardous foods | ||||||
9 | at farmers' markets or conducting related inspections and | ||||||
10 | enforcement activities, so long as those permits and | ||||||
11 | licenses do not include unreasonable fees or sanitation | ||||||
12 | provisions and rules that are more stringent than those | ||||||
13 | laid out in the administrative rules adopted by the | ||||||
14 | Department for the purposes of implementing this Section | ||||||
15 | 3.3 and Sections 3.4, 3.5, and 4 of this Act. | ||||||
16 | (3) In the case of alleged non-compliance with the | ||||||
17 | provisions described in this Act, local health departments | ||||||
18 | shall issue written notices to vendors and market managers | ||||||
19 | of any noncompliance issues. | ||||||
20 | (4) Produce and food products coming within the scope | ||||||
21 | of the provisions of this Act shall include, but not be | ||||||
22 | limited to, raw agricultural products, including fresh | ||||||
23 | fruits and vegetables; popcorn, grains, seeds, beans, and | ||||||
24 | nuts that are whole, unprocessed, unpackaged, and | ||||||
25 | unsprouted; fresh herb springs and dried herbs in bunches; | ||||||
26 | baked goods sold at farmers' markets; cut fruits and |
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1 | vegetables; milk and cheese products; ice cream; syrups; | ||||||
2 | wild and cultivated mushrooms; apple cider and other fruit | ||||||
3 | and vegetable juices; herb vinegar; garlic-in-oil; | ||||||
4 | flavored oils; pickles, relishes, salsas, and other canned | ||||||
5 | or jarred items; shell eggs; meat and poultry; fish; | ||||||
6 | ready-to-eat foods; commercially produced prepackaged food | ||||||
7 | products; and any additional items specified in the | ||||||
8 | administrative rules adopted by the Department to | ||||||
9 | implement Section 3.3 of this Act. | ||||||
10 | (n) Local health department regulatory guidelines may be | ||||||
11 | applied to foods not often found at farmers' markets, all other | ||||||
12 | food products not regulated by the Department of Agriculture | ||||||
13 | and the Department of Public Health, as well as live animals to | ||||||
14 | be sold at farmers' markets. | ||||||
15 | (o) The Task Force shall issue annual reports to the | ||||||
16 | Secretary of the Senate and the Clerk of the House with | ||||||
17 | recommendations for the development of administrative rules as | ||||||
18 | specified. The first report shall be issued no later than | ||||||
19 | December 31, 2012. | ||||||
20 | (p) The Department of Public Health and the Department of | ||||||
21 | Agriculture, in conjunction with the Task Force, shall adopt | ||||||
22 | administrative rules necessary to implement, interpret, and | ||||||
23 | make specific the provisions of this Act, including, but not | ||||||
24 | limited to, rules concerning labels, sanitation, and food | ||||||
25 | product safety according to the realms of their jurisdiction in | ||||||
26 | accordance with subsection (j) of this Section. The Task Force |
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1 | shall submit recommendations for administrative rules to the | ||||||
2 | Department no later than December 15, 2014.
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3 | (q) The Department and the Task Force shall work together | ||||||
4 | to create a food sampling training and license program as | ||||||
5 | specified in Section 3.4 of this Act. | ||||||
6 | (Source: P.A. 97-394, eff. 8-16-11; 98-660, eff. 6-23-14.) | ||||||
7 | (410 ILCS 625/3.6) | ||||||
8 | Sec. 3.6 3.4 . Home kitchen operation. | ||||||
9 | (a) For the purpose of this Section, "home kitchen | ||||||
10 | operation" means a person who produces or packages | ||||||
11 | non-potentially hazardous baked goods food in a kitchen of that | ||||||
12 | person's primary domestic residence for direct sale by the | ||||||
13 | owner or a family member . As used in this Section, "baked good" | ||||||
14 | has the meaning given to that term under subparagraph (C) of | ||||||
15 | paragraph (1) of subsection (b) of Section 4 of this Act. A | ||||||
16 | home kitchen operation does not include a person who produces | ||||||
17 | or packages non-potentially hazardous baked goods for sale by a | ||||||
18 | religious, charitable, or nonprofit organization for | ||||||
19 | fundraising purposes; the production or packaging of | ||||||
20 | non-potentially hazardous baked goods for these purposes is | ||||||
21 | exempt from the requirements of this Act , or for sale by a | ||||||
22 | religious, charitable, or nonprofit organization, stored in | ||||||
23 | the residence where the food is made . The following conditions | ||||||
24 | must be met in order to qualify as a home kitchen operation: | ||||||
25 | (1) Monthly gross sales do not exceed $1,000. |
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1 | (2) The food is not a non-potentially potentially | ||||||
2 | hazardous baked good food , as described defined in Section | ||||||
3 | 4 of this Act. | ||||||
4 | (3) A notice is provided to the purchaser that the | ||||||
5 | product was produced in a home kitchen. | ||||||
6 | (4) The food package is affixed with a label or other | ||||||
7 | written notice is provided to the purchaser that includes: | ||||||
8 | (i) the common or usual name of the food product; | ||||||
9 | and | ||||||
10 | (ii) allergen labeling as specified in federal | ||||||
11 | labeling requirements by the United States Food and | ||||||
12 | Drug Administration. | ||||||
13 | (5) The food is sold directly to the consumer. | ||||||
14 | (6) The food is stored in the residence where it is | ||||||
15 | produced or packaged. | ||||||
16 | (b) The Department of Public Health or the health | ||||||
17 | department of a unit of local government may inspect a home | ||||||
18 | kitchen operation in the event of a complaint or disease | ||||||
19 | outbreak. | ||||||
20 | (c) The requirements of this This Section apply applies | ||||||
21 | only to a home kitchen operation located in a municipality, | ||||||
22 | township, or county where the local governing body having the | ||||||
23 | jurisdiction to enforce this Act or the rules adopted under | ||||||
24 | this Act has adopted an ordinance authorizing home kitchen | ||||||
25 | operations the direct sale of baked goods as described in | ||||||
26 | Section 4 of this Act .
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1 | (Source: P.A. 98-643, eff. 6-10-14; revised 10-20-14.) | ||||||
2 | (410 ILCS 625/4) | ||||||
3 | Sec. 4. Cottage food operation. | ||||||
4 | (a) For the purpose of this Section: | ||||||
5 | "Cottage food operation" means an operation conducted by a | ||||||
6 | person who produces or packages non-potentially hazardous food | ||||||
7 | in a kitchen located in that person's primary domestic | ||||||
8 | residence or another appropriately designed and equipped | ||||||
9 | residential or commercial-style kitchen on that property for | ||||||
10 | direct sale by the owner , or a family member, or employee | ||||||
11 | stored in the residence or appropriately designed and equipped | ||||||
12 | residential or commercial-style kitchen on that property where | ||||||
13 | the food is made. | ||||||
14 | "Department" means the Department of Public Health. | ||||||
15 | "Farmers' market" means a common facility or area where
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16 | farmers gather to sell a variety of fresh fruits and vegetables
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17 | and other locally produced farm and food products directly to
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18 | consumers. | ||||||
19 | "Main ingredient" means an agricultural product that is the | ||||||
20 | defining or distinctive ingredient in a cottage food product, | ||||||
21 | though not necessarily by predominance of weight. | ||||||
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 |
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1 | for safety (TCS) to limit pathogenic microorganism growth or | ||||||
2 | toxin formation. | ||||||
3 | (b) Notwithstanding any other provision of law and except | ||||||
4 | as provided in subsections (c) , and (d) , and (e) of this | ||||||
5 | Section, neither the Department nor the Department of | ||||||
6 | Agriculture nor the health department of a unit of local | ||||||
7 | government may regulate the service of food by a cottage food | ||||||
8 | operation providing that all of the following conditions are | ||||||
9 | met: | ||||||
10 | (1) The food is not a non-potentially potentially | ||||||
11 | hazardous baked good, jam, jelly, preserve, fruit butter, | ||||||
12 | dry herb, dry herb blend, or dry tea blend , or similar | ||||||
13 | product as adopted and specified by Department rules | ||||||
14 | pursuant to subsection (e) of this Section, and is intended | ||||||
15 | for end-use only. The following provisions shall apply: | ||||||
16 | (A) The following jams, jellies and preserves are | ||||||
17 | allowed: apple, apricot, grape, peach, plum, quince, | ||||||
18 | orange, nectarine, tangerine, blackberry, raspberry, | ||||||
19 | blueberry, boysenberry, cherry, cranberry, strawberry, | ||||||
20 | red currants, or a combination of these fruits. | ||||||
21 | Rhubarb, tomato, and pepper jellies or jams are not | ||||||
22 | allowed. Any other jams, jellies, or preserves not | ||||||
23 | listed may be produced by a cottage food operation | ||||||
24 | provided their recipe has been tested and documented by | ||||||
25 | a commercial laboratory, at the expense of the cottage | ||||||
26 | food operation, as being not potentially hazardous, |
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1 | containing a pH equilibrium of less than 4.6 or has | ||||||
2 | been specified and adopted as allowed in | ||||||
3 | administrative rules by the Department pursuant to | ||||||
4 | subsection (e) of this Section . | ||||||
5 | (B) The following fruit butters are allowed: | ||||||
6 | apple, apricot, grape, peach, plum, quince, and prune. | ||||||
7 | Pumpkin butter, banana butter, and pear butter are not | ||||||
8 | allowed. Fruit butters not listed may be produced by a | ||||||
9 | cottage food operation provided their recipe has been | ||||||
10 | tested and documented by a commercial laboratory, at | ||||||
11 | the expense of the cottage food operation, as being not | ||||||
12 | potentially hazardous, containing a pH equilibrium of | ||||||
13 | less than 4.6 or has been specified and adopted as | ||||||
14 | allowed in administrative rules by the Department | ||||||
15 | pursuant to subsection (e) of this Section . | ||||||
16 | (C) Baked goods, such as, but not limited to, | ||||||
17 | breads, cookies, cakes, pies, and pastries are | ||||||
18 | allowed. Only high-acid fruit pies that use the | ||||||
19 | following fruits are allowed: apple, apricot, grape, | ||||||
20 | peach, plum, quince, orange, nectarine, tangerine, | ||||||
21 | blackberry, raspberry, blueberry, boysenberry, cherry, | ||||||
22 | cranberry, strawberry, red currants or a combination | ||||||
23 | of these fruits. Fruit pies not listed may be produced | ||||||
24 | by a cottage food operation provided their recipe has | ||||||
25 | been tested and documented by a commercial laboratory, | ||||||
26 | at the expense of the cottage food operation, as being |
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1 | not potentially hazardous, containing a pH equilibrium | ||||||
2 | of less than 4.6 or has been specified and adopted as | ||||||
3 | allowed in administrative rules by the Department | ||||||
4 | pursuant to subsection (e) of this Section . The | ||||||
5 | following are potentially hazardous and prohibited | ||||||
6 | from production and sale by a cottage food operation: | ||||||
7 | pumpkin pie, sweet potato pie, cheesecake, custard | ||||||
8 | pies, creme pies, and pastries with potentially | ||||||
9 | hazardous fillings or toppings. | ||||||
10 | (2) The food is to be sold at a farmers' market , with | ||||||
11 | the exception that cottage foods that have a locally grown | ||||||
12 | agricultural product as the main ingredient may be sold on | ||||||
13 | the farm where the agricultural product is grown or | ||||||
14 | delivered directly to the consumer . | ||||||
15 | (3) Gross receipts from the sale of food exempted under | ||||||
16 | this Section do not exceed $36,000 $25,000 in a calendar | ||||||
17 | year. | ||||||
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 and selling | ||||||
17 | products as a cottage food operation has a Department | ||||||
18 | approved Food 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 until it deems that the | ||||||
6 | situation has been addressed to the satisfaction of the | ||||||
7 | 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. 97-393, eff. 1-1-12; 98-660, eff. 6-23-14.)
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