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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 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 has been are heat processed | ||||||||||||||||||||||||||
15 | sufficiently under United States Department of Agriculture | ||||||||||||||||||||||||||
16 | guidelines to enable storing the food at normal home | ||||||||||||||||||||||||||
17 | temperatures. | ||||||||||||||||||||||||||
18 | "Cottage food operation" means an operation conducted by a | ||||||||||||||||||||||||||
19 | person who produces or packages food or drink, other than | ||||||||||||||||||||||||||
20 | foods and drinks listed as prohibited in paragraph (1) (1.5) | ||||||||||||||||||||||||||
21 | of subsection (b) of this Section, in a kitchen located in that | ||||||||||||||||||||||||||
22 | person's primary domestic residence or another appropriately | ||||||||||||||||||||||||||
23 | designed and equipped kitchen on a farm residential or |
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1 | commercial-style kitchen on that property for direct sale by | ||||||
2 | the owner, a family member, or employee. | ||||||
3 | "Cut leafy greens" means fresh leafy greens whose leaves
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4 | have been cut, shredded, sliced, chopped, or torn. "Cut leafy
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5 | greens" does not mean cut-to-harvest leafy greens. | ||||||
6 | "Department" means the Department of Public Health. | ||||||
7 | "Equilibrium pH" means the final potential of hydrogen | ||||||
8 | measured in an acidified food after all the components of the | ||||||
9 | food have achieved the same acidity. | ||||||
10 | "Farmers' market" means a common facility or area where
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11 | farmers gather to sell a variety of fresh fruits and | ||||||
12 | vegetables
and other locally produced farm and food products | ||||||
13 | directly to
consumers. | ||||||
14 | "Hot fill and hold method" means a method under which food | ||||||
15 | has been heat processed sufficiently under United States | ||||||
16 | Department of Agriculture guidelines to enable storing the | ||||||
17 | food at normal home temperatures. | ||||||
18 | "Leafy greens" includes iceberg lettuce; romaine lettuce;
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19 | leaf lettuce; butter lettuce; baby leaf lettuce, such as
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20 | immature lettuce or leafy greens; escarole; endive; spring | ||||||
21 | mix;
spinach; cabbage; kale; arugula; and chard. "Leafy | ||||||
22 | greens" does
not include microgreens or herbs such as cilantro | ||||||
23 | or parsley. | ||||||
24 | "Local health department" means the State-certified health | ||||||
25 | department of a unit of local government in which a cottage | ||||||
26 | food operation is located. |
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1 | "Low-acid canned food" means any canned food with a | ||||||
2 | finished equilibrium pH greater than 4.6 and a water activity | ||||||
3 | (aw) greater than 0.85. | ||||||
4 | "Main ingredient" means an agricultural product that is | ||||||
5 | the defining or distinctive ingredient in a cottage food | ||||||
6 | product, though not necessarily by predominance of weight. | ||||||
7 | "Microgreen" means an edible plant seedling grown in soil
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8 | or substrate and harvested above the soil or substrate line. | ||||||
9 | "Potentially hazardous food" means a food that is | ||||||
10 | potentially hazardous according to the Department's | ||||||
11 | administrative rules. Potentially hazardous food (PHF) in | ||||||
12 | general means a food that requires time and temperature | ||||||
13 | control for safety (TCS) to limit pathogenic microorganism | ||||||
14 | growth or toxin formation. | ||||||
15 | "Sprout" means any seedling intended for human consumption | ||||||
16 | that was produced in a manner that does not meet the definition | ||||||
17 | of microgreen. | ||||||
18 | (b) (1) Notwithstanding any other provision of law and | ||||||
19 | except as provided in subsections (c), (d), and (e) of this | ||||||
20 | Section, neither the Department nor the Department of | ||||||
21 | Agriculture nor the health department of a unit of local | ||||||
22 | government may regulate the transaction of food or drink by a | ||||||
23 | cottage food operation providing that all of the following | ||||||
24 | conditions are met: (1) (Blank). (1.5) A cottage food | ||||||
25 | operation may produce homemade food and drink. A However, a | ||||||
26 | cottage food operation , unless properly licensed, certified, |
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1 | and compliant with all requirements to sell a listed food item | ||||||
2 | under the laws and regulations pertinent to that food item, | ||||||
3 | shall not sell or offer to sell the following food items or | ||||||
4 | processed foods containing the following food items, except as | ||||||
5 | indicated: | ||||||
6 | (A) meat, poultry, fish, seafood, or shellfish; | ||||||
7 | (B) dairy, except as an ingredient in a | ||||||
8 | non-potentially hazardous food, such as a baked good | ||||||
9 | or candy, such as caramel, subject to paragraph (4), | ||||||
10 | or as an ingredient in a baked good frosting, such as | ||||||
11 | buttercream (1.8) ; | ||||||
12 | (C) eggs, except as an ingredient in a | ||||||
13 | non-potentially hazardous hazardous food, including | ||||||
14 | dry noodles, or as an ingredient in a baked good | ||||||
15 | frosting, such as buttercream, if the eggs are not | ||||||
16 | raw, baked good or in dry noodles; | ||||||
17 | (D) pumpkin pies, sweet potato pies, cheesecakes, | ||||||
18 | custard pies, creme pies, and pastries with | ||||||
19 | potentially hazardous fillings or toppings; | ||||||
20 | (E) garlic in oil or oil infused with garlic, | ||||||
21 | except if the garlic oil is acidified; | ||||||
22 | (F) canned foods, except for the following, which | ||||||
23 | may be canned only in Mason-style jars with new lids: | ||||||
24 | (i) fruit jams, fruit jellies, fruit | ||||||
25 | preserves, or fruit butters; | ||||||
26 | (ii) syrups; |
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1 | (iii) whole or cut fruit canned in syrup; | ||||||
2 | (iv) acidified fruit or vegetables prepared | ||||||
3 | and offered for sale in compliance with paragraph | ||||||
4 | (1.6); and | ||||||
5 | (v) condiments such as prepared mustard, | ||||||
6 | horseradish, or ketchup that do not contain | ||||||
7 | ingredients prohibited under this Section and that | ||||||
8 | are prepared and offered for sale in compliance | ||||||
9 | with paragraph (1.6); | ||||||
10 | (F) low-acid canned foods such as vegetables, | ||||||
11 | dried beans, and vegetable soups; a low-acid canned | ||||||
12 | food containing fermented or acidified food that is | ||||||
13 | offered for sale must comply with paragraph (3); a | ||||||
14 | low-acid canned food containing tomatoes or canned | ||||||
15 | products containing tomatoes that is offered for sale | ||||||
16 | must comply with paragraph (2); | ||||||
17 | (G) sprouts; | ||||||
18 | (H) cut leafy greens, except for cut leafy greens | ||||||
19 | that are dehydrated, acidified, or blanched and | ||||||
20 | frozen; | ||||||
21 | (I) cut or pureed fresh tomato or melon; | ||||||
22 | (J) dehydrated tomato or melon; | ||||||
23 | (K) frozen cut melon; | ||||||
24 | (L) wild-harvested, non-cultivated mushrooms; | ||||||
25 | (M) alcoholic beverages; or | ||||||
26 | (N) kombucha. |
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1 | (2) (1.6) In order to sell canned tomatoes or a canned | ||||||
2 | product containing tomatoes, a cottage food operator shall | ||||||
3 | either: | ||||||
4 | (A) follow exactly a recipe that has been tested | ||||||
5 | by the United States Department of Agriculture or by a | ||||||
6 | state cooperative extension located in this State or | ||||||
7 | any other state in the United States; or | ||||||
8 | (B) submit the recipe, at the cottage food | ||||||
9 | operator's expense, to a commercial laboratory | ||||||
10 | according to the commercial laboratory's direction to | ||||||
11 | test that the product has been adequately acidified; | ||||||
12 | use only the varietal or proportionate varietals of | ||||||
13 | tomato included in the tested recipe for all | ||||||
14 | subsequent batches of such recipe; and provide | ||||||
15 | documentation of the test results of the recipe | ||||||
16 | submitted under this subparagraph to an inspector upon | ||||||
17 | request during any inspection authorized by paragraph | ||||||
18 | (2) of subsection (d). | ||||||
19 | (1.7) A State-certified local public health department | ||||||
20 | that regulates the service of food by a cottage food | ||||||
21 | operation in accordance with subsection (d) of this | ||||||
22 | Section may require a cottage food operation to submit a | ||||||
23 | canned food that is subject to paragraph (1.6), at the | ||||||
24 | cottage food operator's expense, to a commercial | ||||||
25 | laboratory to verify that the product has a final | ||||||
26 | equilibrium pH of 4.6 or below. |
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1 | (3) In order to sell a fermented or acidified food, a | ||||||
2 | local health department may require a cottage food | ||||||
3 | operation to submit one of the following for each unique | ||||||
4 | product: | ||||||
5 | (A) a recipe that has been tested by the United | ||||||
6 | States Department of Agriculture or a Cooperative | ||||||
7 | Extension System located in this State or any other | ||||||
8 | state in the United States; or | ||||||
9 | (B) the results of a pH test from a commercial | ||||||
10 | laboratory to verify that the product has been | ||||||
11 | adequately acidified; if a test is requested it must | ||||||
12 | be conducted at the operator's expense. | ||||||
13 | A fermented or acidified food shall be packaged | ||||||
14 | according to one of the following standards: | ||||||
15 | (A) Canned acidified and fermented foods must be | ||||||
16 | canned in mason-style jars with new lids. | ||||||
17 | (B) Acidified and fermented foods that undergo the | ||||||
18 | hot fill and hold method shall be sold in any container | ||||||
19 | with a tight-fitting lid that is new and clean. | ||||||
20 | (C) Acidified and fermented foods that are not | ||||||
21 | hot-packed or canned shall be sold in any container | ||||||
22 | that is new, clean, and seals properly and must be | ||||||
23 | stored, transported, and sold at or below 41 degrees. | ||||||
24 | (4) (1.8) A State-certified local public health | ||||||
25 | department that regulates the service of food by a cottage | ||||||
26 | food operation in accordance with subsection (d) of this |
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1 | Section may require a cottage food operation to submit a | ||||||
2 | recipe for any baked good containing cheese, at the | ||||||
3 | cottage food operator's expense, to a commercial | ||||||
4 | laboratory to verify that it is non-potentially hazardous | ||||||
5 | before allowing the cottage food operation to sell the | ||||||
6 | baked good as a cottage food. | ||||||
7 | (5) The food and drink produced by a cottage food | ||||||
8 | operation shall be sold directly to consumers for their | ||||||
9 | own consumption and not for resale. Sales directly to | ||||||
10 | consumers include, but are not limited to: sales at | ||||||
11 | farmers' markets, fairs, festivals, or public events or | ||||||
12 | online; pickup from the private home or farm of the | ||||||
13 | cottage food operator if not prohibited by laws of the | ||||||
14 | unit of local government that apply equally to all | ||||||
15 | home-based businesses; delivery to the customer; or pickup | ||||||
16 | from a private property with the consent of the property | ||||||
17 | holder. Cottage food products shall not be shipped out of | ||||||
18 | State. | ||||||
19 | (6) For cottage food operations that are not utilizing | ||||||
20 | municipal water supplies, such as operations using private | ||||||
21 | wells, a local health department may require a water | ||||||
22 | sample test to verify that the water source being used | ||||||
23 | meets public safety standards. If a test is requested, it | ||||||
24 | must be conducted at the operator's expense. | ||||||
25 | (2) The food is to be sold at a farmers' market, with | ||||||
26 | the exception that cottage foods that have a locally grown |
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1 | agricultural product as the main ingredient may be sold on | ||||||
2 | the farm where the agricultural product is grown or | ||||||
3 | delivered directly to the consumer. | ||||||
4 | (3) (Blank). | ||||||
5 | (7) The food packaging must conform to the labeling | ||||||
6 | requirements of the Illinois Food, Drug, and Cosmetic Act. | ||||||
7 | The food packaging shall be affixed with a prominent label | ||||||
8 | or, if the portion of food sold is not packaged | ||||||
9 | individually, other prominent written notice is provided | ||||||
10 | to the purchaser that includes: (4) The food packaging | ||||||
11 | conforms to the labeling requirements of the Illinois | ||||||
12 | Food, Drug and Cosmetic Act and includes the following | ||||||
13 | information on the label of each of its products: | ||||||
14 | (A) the name and address of the cottage food | ||||||
15 | operation; | ||||||
16 | (B) the identifying registration number provided | ||||||
17 | by the local health department on the certification of | ||||||
18 | registration and the name of the municipality or | ||||||
19 | county in which the registration was filed; | ||||||
20 | (C) (B) the common or usual name of the food | ||||||
21 | product; | ||||||
22 | (D) (C) all ingredients of the food product, | ||||||
23 | including any colors, artificial flavors, and | ||||||
24 | preservatives, listed in descending order by | ||||||
25 | predominance of weight shown with common or usual | ||||||
26 | names; |
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1 | (E) (D) the following phrase in prominent | ||||||
2 | lettering : "This product was produced in a home | ||||||
3 | kitchen not subject to public health inspection that | ||||||
4 | may also process common food allergens."; | ||||||
5 | (F) (E) the date the product was processed; and | ||||||
6 | (G) (F) allergen labeling as specified in federal | ||||||
7 | labeling requirements. | ||||||
8 | (8) (5) The name and residence of the person preparing | ||||||
9 | and selling products as a cottage food operation must be | ||||||
10 | are registered with the local health department and the | ||||||
11 | certificate of registration must be available at the point | ||||||
12 | of sale. A cottage food operation is required to register | ||||||
13 | only with the local health department for the unit of | ||||||
14 | local government in which it is located, but may sell | ||||||
15 | products outside of the units of local government where | ||||||
16 | the cottage food operation is located. of a unit of local | ||||||
17 | government where the cottage food operation resides. No | ||||||
18 | fees shall be charged for registration. Registration shall | ||||||
19 | be for a minimum period of one year. | ||||||
20 | (9) (6) The person preparing or packaging products as | ||||||
21 | part of a cottage food operation must be a | ||||||
22 | Department-approved certified food protection manager has | ||||||
23 | a Department approved Food Service Sanitation Management | ||||||
24 | Certificate . | ||||||
25 | (10) (7) At the point of sale, notice must be provided | ||||||
26 | a placard is displayed in a prominent location that states |
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1 | the following: "This product was produced in a home | ||||||
2 | kitchen not subject to public health inspection that may | ||||||
3 | also process common food allergens.". At a physical | ||||||
4 | display, notice shall be a placard. Online, notice shall | ||||||
5 | be a message on the cottage food operation's online sales | ||||||
6 | interface. | ||||||
7 | (b-5) A home rule unit may not regulate cottage food | ||||||
8 | operations in a manner inconsistent with the regulation by the | ||||||
9 | State of cottage food operations under this Section. This | ||||||
10 | Section is a limitation under subsection (i) of Section 6 of | ||||||
11 | Article VII of the Illinois Constitution on the concurrent | ||||||
12 | exercise by home rule units of powers and functions exercised | ||||||
13 | by the State. | ||||||
14 | (c) Notwithstanding the provisions of subsection (b) of | ||||||
15 | this Section, if the Department or a local the health | ||||||
16 | department of a unit of local government has received a | ||||||
17 | consumer complaint or has reason to believe that an imminent | ||||||
18 | health hazard exists or that a cottage food operation's | ||||||
19 | product has been found to be misbranded, adulterated, or not | ||||||
20 | in compliance with the exception for cottage food operations | ||||||
21 | pursuant to this Section, then it may invoke cessation of | ||||||
22 | sales of cottage food products until it deems that the | ||||||
23 | situation has been addressed to the satisfaction of the | ||||||
24 | Department or, if the situation is not amenable to being | ||||||
25 | addressed, revoke the cottage food operation's registration | ||||||
26 | following a process outlined by the Department . |
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1 | (d) A local health department shall register any eligible | ||||||
2 | cottage food operation that meets the requirements of this | ||||||
3 | Section and shall issue a certificate of registration with an | ||||||
4 | identifying registration number to each registered cottage | ||||||
5 | food operation. Registration shall be valid for one year and | ||||||
6 | the local health department may impose a reasonable fee that | ||||||
7 | is no greater than $25. The regulation by a local health | ||||||
8 | department may include all of the following requirements: | ||||||
9 | Notwithstanding the provisions of subsection (b) of this | ||||||
10 | Section, a State-certified local public health department may, | ||||||
11 | upon providing a written statement to the Department, regulate | ||||||
12 | the service of food by a cottage food operation. The | ||||||
13 | regulation by a State-certified local public health department | ||||||
14 | may include all of the following requirements: | ||||||
15 | (1) That the cottage food operation (A) register with | ||||||
16 | the State-certified local public health department, which | ||||||
17 | shall be for a minimum of one year and include a reasonable | ||||||
18 | fee set by the State-certified local public health | ||||||
19 | department that is no greater than $25 notwithstanding | ||||||
20 | paragraph (5) of subsection (b) of this Section and (B) | ||||||
21 | agree in writing at the time of registration to grant | ||||||
22 | access to the State-certified local public health | ||||||
23 | department to conduct an inspection of the cottage food | ||||||
24 | operation's primary domestic residence in the event of a | ||||||
25 | consumer complaint or foodborne illness outbreak. | ||||||
26 | (2) That in the event of a consumer complaint or |
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1 | foodborne illness outbreak the State-certified local | ||||||
2 | public health department is allowed to (A) inspect the | ||||||
3 | premises of the cottage food operation in question and (B) | ||||||
4 | set a reasonable fee for that inspection.
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5 | (e) A person who produces or packages a non-potentially | ||||||
6 | hazardous baked good for sale by a religious, charitable, or | ||||||
7 | nonprofit organization for fundraising purposes is exempt from | ||||||
8 | the requirements of this Section. | ||||||
9 | (f) (e) The Department may adopt rules as may be necessary | ||||||
10 | to implement the provisions of this Section. | ||||||
11 | (Source: P.A. 100-35, eff. 1-1-18; 100-1069, eff. 8-24-18; | ||||||
12 | 101-81, eff. 7-12-19.)
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13 | (410 ILCS 625/3.6 rep.) | ||||||
14 | Section 10. The Food Handling Regulation Enforcement Act | ||||||
15 | is amended by repealing Section 3.6.
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