Rep. Will Guzzardi
Filed: 3/22/2021
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1 | AMENDMENT TO HOUSE BILL 2615
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2 | AMENDMENT NO. ______. Amend House Bill 2615 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Food Handling Regulation Enforcement Act | ||||||
5 | is 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 |
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1 | temperatures. | ||||||
2 | "Cottage food operation" means an operation conducted by a | ||||||
3 | person who produces or packages food or drink, other than | ||||||
4 | foods and drinks listed as prohibited in paragraph (1) (1.5) | ||||||
5 | of subsection (b) of this Section, in a kitchen located in that | ||||||
6 | person's primary domestic residence or another appropriately | ||||||
7 | designed and equipped kitchen on a farm residential or | ||||||
8 | commercial-style kitchen on that property for direct sale by | ||||||
9 | the owner, a family member, or employee. | ||||||
10 | "Cut leafy greens" means fresh leafy greens whose leaves
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11 | have been cut, shredded, sliced, chopped, or torn. "Cut leafy
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12 | greens" does not mean cut-to-harvest leafy greens. | ||||||
13 | "Department" means the Department of Public Health. | ||||||
14 | "Equilibrium pH" means the final potential of hydrogen | ||||||
15 | measured in an acidified food after all the components of the | ||||||
16 | food have achieved the same acidity. | ||||||
17 | "Farmers' market" means a common facility or area where
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18 | farmers gather to sell a variety of fresh fruits and | ||||||
19 | vegetables
and other locally produced farm and food products | ||||||
20 | directly to
consumers. | ||||||
21 | "Leafy greens" includes iceberg lettuce; romaine lettuce;
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22 | leaf lettuce; butter lettuce; baby leaf lettuce, such as
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23 | immature lettuce or leafy greens; escarole; endive; spring | ||||||
24 | mix;
spinach; cabbage; kale; arugula; and chard. "Leafy | ||||||
25 | greens" does
not include microgreens or herbs such as cilantro | ||||||
26 | or parsley. |
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1 | "Local health department" means the State-certified health | ||||||
2 | department of a unit of local government in which a cottage | ||||||
3 | food operation is located. | ||||||
4 | "Low-acid canned food" means any canned food with a | ||||||
5 | finished equilibrium pH greater than 4.6 and a water activity | ||||||
6 | (aw) greater than 0.85. | ||||||
7 | "Main ingredient" means an agricultural product that is | ||||||
8 | the defining or distinctive ingredient in a cottage food | ||||||
9 | product, though not necessarily by predominance of weight. | ||||||
10 | "Microgreen" means an edible plant seedling grown in soil
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11 | or substrate and harvested above the soil or substrate line. | ||||||
12 | "Potentially hazardous food" means a food that is | ||||||
13 | potentially hazardous according to the Department's | ||||||
14 | administrative rules. Potentially hazardous food (PHF) in | ||||||
15 | general means a food that requires time and temperature | ||||||
16 | control for safety (TCS) to limit pathogenic microorganism | ||||||
17 | growth or toxin formation. | ||||||
18 | "Sprout" means any seedling intended for human consumption | ||||||
19 | that was produced in a manner that does not meet the definition | ||||||
20 | of microgreen. | ||||||
21 | (b) (1) Notwithstanding any other provision of law and | ||||||
22 | except as provided in subsections (c), (d), and (e) of this | ||||||
23 | Section, neither the Department nor the Department of | ||||||
24 | Agriculture nor the health department of a unit of local | ||||||
25 | government may regulate the transaction of food or drink by a | ||||||
26 | cottage food operation providing that all of the following |
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1 | conditions are met: (1) (Blank). (1.5) A cottage food | ||||||
2 | operation may produce homemade food and drink. A However, a | ||||||
3 | cottage food operation , unless properly licensed, certified, | ||||||
4 | and compliant with all requirements to sell a listed food item | ||||||
5 | under the laws and regulations pertinent to that food item, | ||||||
6 | shall not sell or offer to sell the following food items or | ||||||
7 | processed foods containing the following food items, except as | ||||||
8 | indicated: | ||||||
9 | (A) meat, poultry, fish, seafood, or shellfish; | ||||||
10 | (B) dairy, except as an ingredient in a | ||||||
11 | non-potentially hazardous food, such as a baked good | ||||||
12 | or candy, such as caramel, subject to paragraph (4), | ||||||
13 | or as an ingredient in a baked good frosting, such as | ||||||
14 | buttercream (1.8) ; | ||||||
15 | (C) eggs, except as an ingredient in a | ||||||
16 | non-potentially hazardous food, including dry noodles, or | ||||||
17 | as an ingredient in a baked good frosting, such as | ||||||
18 | buttercream, if the eggs are not raw baked good or in dry | ||||||
19 | noodles ; | ||||||
20 | (D) pumpkin pies, sweet potato pies, cheesecakes, | ||||||
21 | custard pies, creme pies, and pastries with | ||||||
22 | potentially hazardous fillings or toppings; | ||||||
23 | (E) garlic in oil or oil infused with garlic, | ||||||
24 | except if the garlic oil is acidified; | ||||||
25 | (F) canned foods, except for the following, which | ||||||
26 | may be canned only in Mason-style jars with new lids: |
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1 | (i) fruit jams, fruit jellies, fruit | ||||||
2 | preserves, or fruit butters; | ||||||
3 | (ii) syrups; | ||||||
4 | (iii) whole or cut fruit canned in syrup; | ||||||
5 | (iv) acidified fruit or vegetables prepared | ||||||
6 | and offered for sale in compliance with paragraph | ||||||
7 | (1.6); and | ||||||
8 | (v) condiments such as prepared mustard, | ||||||
9 | horseradish, or ketchup that do not contain | ||||||
10 | ingredients prohibited under this Section and that | ||||||
11 | are prepared and offered for sale in compliance | ||||||
12 | with paragraph (1.6); | ||||||
13 | (F) low-acid canned foods; | ||||||
14 | (G) sprouts; | ||||||
15 | (H) cut leafy greens, except for cut leafy greens | ||||||
16 | that are dehydrated, acidified, or blanched and | ||||||
17 | frozen; | ||||||
18 | (I) cut or pureed fresh tomato or melon; | ||||||
19 | (J) dehydrated tomato or melon; | ||||||
20 | (K) frozen cut melon; | ||||||
21 | (L) wild-harvested, non-cultivated mushrooms; | ||||||
22 | (M) alcoholic beverages; or | ||||||
23 | (N) kombucha. | ||||||
24 | (2) (1.6) In order to sell canned tomatoes or a canned | ||||||
25 | product containing tomatoes, a cottage food operator shall | ||||||
26 | either: |
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1 | (A) follow exactly a recipe that has been tested | ||||||
2 | by the United States Department of Agriculture or by a | ||||||
3 | state cooperative extension located in this State or | ||||||
4 | any other state in the United States; or | ||||||
5 | (B) submit the recipe, at the cottage food | ||||||
6 | operator's expense, to a commercial laboratory | ||||||
7 | according to the commercial laboratory's direction to | ||||||
8 | test that the product has been adequately acidified; | ||||||
9 | use only the varietal or proportionate varietals of | ||||||
10 | tomato included in the tested recipe for all | ||||||
11 | subsequent batches of such recipe; and provide | ||||||
12 | documentation of the test results of the recipe | ||||||
13 | submitted under this subparagraph to an inspector upon | ||||||
14 | request during any inspection authorized by paragraph | ||||||
15 | (2) of subsection (d). | ||||||
16 | (1.7) A State-certified local public health department | ||||||
17 | that regulates the service of food by a cottage food | ||||||
18 | operation in accordance with subsection (d) of this | ||||||
19 | Section may require a cottage food operation to submit a | ||||||
20 | canned food that is subject to paragraph (1.6), at the | ||||||
21 | cottage food operator's expense, to a commercial | ||||||
22 | laboratory to verify that the product has a final | ||||||
23 | equilibrium pH of 4.6 or below. | ||||||
24 | (3) In order to sell a fermented or acidified food, a | ||||||
25 | cottage food operation shall either: | ||||||
26 | (A) submit a recipe that has been tested by the |
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1 | United States Department of Agriculture or a | ||||||
2 | Cooperative Extension System located in this State or | ||||||
3 | any other state in the United States; or | ||||||
4 | (B) submit a written food safety plan for each | ||||||
5 | category of products for which the cottage food | ||||||
6 | operator uses the same procedures, such as pickles, | ||||||
7 | kimchi, or hot sauce, and a pH test for a single | ||||||
8 | product that is representative of that category; the | ||||||
9 | written food safety plan shall be submitted annually | ||||||
10 | upon registration and each pH test shall be submitted | ||||||
11 | every 3 years; the food safety plan shall adhere to | ||||||
12 | guidelines developed by University of Illinois | ||||||
13 | Extension. | ||||||
14 | A fermented or acidified food shall be packaged | ||||||
15 | according to one of the following standards: | ||||||
16 | (A) Acidified and fermented foods that are canned | ||||||
17 | must be processed in a boiling water bath in a mason | ||||||
18 | style jar or glass container with a tight-fitting lid. | ||||||
19 | (B) Acidified and fermented foods that are not | ||||||
20 | canned shall be sold in any container that is new, | ||||||
21 | clean, and seals properly and must be stored, | ||||||
22 | transported, and sold at or below 41 degrees. | ||||||
23 | (4) (1.8) A State-certified local public health | ||||||
24 | department that regulates the service of food by a cottage | ||||||
25 | food operation in accordance with subsection (d) of this | ||||||
26 | Section may require a cottage food operation to submit a |
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1 | recipe for any baked good containing cheese, at the | ||||||
2 | cottage food operator's expense, to a commercial | ||||||
3 | laboratory to verify that it is non-potentially hazardous | ||||||
4 | before allowing the cottage food operation to sell the | ||||||
5 | baked good as a cottage food. | ||||||
6 | (5) The food and drink produced by a cottage food | ||||||
7 | operation shall be sold directly to consumers for their | ||||||
8 | own consumption and not for resale. Sales directly to | ||||||
9 | consumers include, but are not limited to: sales at | ||||||
10 | farmers' markets, fairs, festivals, or public events or | ||||||
11 | online; pickup from the private home or farm of the | ||||||
12 | cottage food operator if not prohibited by laws of the | ||||||
13 | unit of local government that apply equally to all | ||||||
14 | home-based businesses; delivery to the customer; or pickup | ||||||
15 | from a third-party private property with the consent of | ||||||
16 | the third-party property holder. Cottage food products | ||||||
17 | shall not be shipped out of State. | ||||||
18 | (6) For cottage food operations that are not utilizing | ||||||
19 | municipal water supplies, such as operations using private | ||||||
20 | wells, a local health department may require a water | ||||||
21 | sample test to verify that the water source being used | ||||||
22 | meets public safety standards related to E. coli coliform. | ||||||
23 | If a test is requested, it must be conducted at the cottage | ||||||
24 | food 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 may include the designation | ||||||
8 | "Illinois-grown", "Illinois-sourced", or "Illinois farm | ||||||
9 | product" if the products are local farm or food products | ||||||
10 | as defined in Section 5 of the Local Food, Farms, and Jobs | ||||||
11 | Act. Cottage food products shall be prepackaged and the | ||||||
12 | food packaging shall be affixed with a prominent label | ||||||
13 | that includes the following items, unless the local health | ||||||
14 | department where the product is sold has granted | ||||||
15 | permission to sell products that are not prepackaged, in | ||||||
16 | which case other prominent written notice shall be | ||||||
17 | provided to the purchaser that includes the following | ||||||
18 | labeling requirements: (4) The food packaging conforms to | ||||||
19 | the labeling requirements of the Illinois Food, Drug and | ||||||
20 | Cosmetic Act and includes the following information on the | ||||||
21 | label of each of its products: | ||||||
22 | (A) the name and address of the cottage food | ||||||
23 | operation; | ||||||
24 | (B) the identifying registration number provided | ||||||
25 | by the local health department on the certification of | ||||||
26 | registration and the name of the municipality or |
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1 | county in which the registration was filed; | ||||||
2 | (C) (B) the common or usual name of the food | ||||||
3 | product; | ||||||
4 | (D) (C) all ingredients of the food product, | ||||||
5 | including any colors, artificial flavors, and | ||||||
6 | preservatives, listed in descending order by | ||||||
7 | predominance of weight shown with common or usual | ||||||
8 | names; | ||||||
9 | (E) (D) the following phrase in prominent | ||||||
10 | lettering : "This product was produced in a home | ||||||
11 | kitchen not inspected by a health department subject | ||||||
12 | to public health inspection that may also process | ||||||
13 | common food allergens."; | ||||||
14 | (F) (E) the date the product was processed; and | ||||||
15 | (G) (F) allergen labeling as specified in federal | ||||||
16 | labeling requirements. | ||||||
17 | (8) (5) The name and residence of the person preparing | ||||||
18 | and selling products as a cottage food operation must be | ||||||
19 | are registered with the local health department and the | ||||||
20 | certificate of registration must be available at the point | ||||||
21 | of sale. A cottage food operation is required to register | ||||||
22 | with the local health department for the unit of local | ||||||
23 | government in which it is located, but may sell products | ||||||
24 | outside of the unit of local government where the cottage | ||||||
25 | food operation is located. of a unit of local government | ||||||
26 | where the cottage food operation resides. No fees shall be |
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1 | charged for registration. Registration shall be for a | ||||||
2 | minimum period of one year. | ||||||
3 | (9) (6) The person preparing or packaging products as | ||||||
4 | part of a cottage food operation must be a | ||||||
5 | Department-approved certified food protection manager has | ||||||
6 | a Department approved Food Service Sanitation Management | ||||||
7 | Certificate . | ||||||
8 | (10) (7) At the point of sale, notice must be provided | ||||||
9 | a placard is displayed in a prominent location that states | ||||||
10 | the following: "This product was produced in a home | ||||||
11 | kitchen not inspected by a health department subject to | ||||||
12 | public health inspection that may also process common food | ||||||
13 | allergens.". At a physical display, notice shall be a | ||||||
14 | placard. Online, notice shall be a message on the cottage | ||||||
15 | food operation's online sales interface. | ||||||
16 | (b-5) A home rule unit may not regulate cottage food | ||||||
17 | operations in a manner inconsistent with the regulation by the | ||||||
18 | State of cottage food operations under this Section. This | ||||||
19 | Section is a limitation under subsection (i) of Section 6 of | ||||||
20 | Article VII of the Illinois Constitution on the concurrent | ||||||
21 | exercise by home rule units of powers and functions exercised | ||||||
22 | by the State. | ||||||
23 | (c) Notwithstanding the provisions of subsection (b) of | ||||||
24 | this Section, if the Department or a local the health | ||||||
25 | department of a unit of local government has received a | ||||||
26 | consumer complaint or has reason to believe that an imminent |
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1 | health hazard exists or that a cottage food operation's | ||||||
2 | product has been found to be misbranded, adulterated, or not | ||||||
3 | in compliance with the exception for cottage food operations | ||||||
4 | pursuant to this Section, then it may invoke cessation of | ||||||
5 | sales of cottage food products until it deems that the | ||||||
6 | situation has been addressed to the satisfaction of the | ||||||
7 | Department or the local health department. If the situation is | ||||||
8 | not amenable to being addressed, the Department or local | ||||||
9 | health department may revoke the cottage food operation's | ||||||
10 | registration following a process outlined by the Department or | ||||||
11 | local health department . | ||||||
12 | (d) A local health department shall register any eligible | ||||||
13 | cottage food operation that meets the requirements of this | ||||||
14 | Section and shall issue a certificate of registration with an | ||||||
15 | identifying registration number to each registered cottage | ||||||
16 | food operation. Registration shall be completed annually and | ||||||
17 | the local health department may impose a reasonable fee that | ||||||
18 | is no greater than $25. The regulation by a local health | ||||||
19 | department may include all of the following requirements: | ||||||
20 | Notwithstanding the provisions of subsection (b) of this | ||||||
21 | Section, a State-certified local public health department may, | ||||||
22 | upon providing a written statement to the Department, regulate | ||||||
23 | the service of food by a cottage food operation. The | ||||||
24 | regulation by a State-certified local public health department | ||||||
25 | may include all of the following requirements: | ||||||
26 | (1) That the cottage food operation (A) register with |
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1 | the State-certified local public health department, which | ||||||
2 | shall be for a minimum of one year and include a reasonable | ||||||
3 | fee set by the State-certified local public health | ||||||
4 | department that is no greater than $25 notwithstanding | ||||||
5 | paragraph (5) of subsection (b) of this Section and (B) | ||||||
6 | agree in writing at the time of registration to grant | ||||||
7 | access to the State-certified local public health | ||||||
8 | department to conduct an inspection of the premises of the | ||||||
9 | cottage food operation cottage food operation's primary | ||||||
10 | domestic residence in the event of a consumer complaint or | ||||||
11 | foodborne illness outbreak. | ||||||
12 | (2) That in the event of a consumer complaint or | ||||||
13 | foodborne illness outbreak the State-certified local | ||||||
14 | public health department is allowed to (A) inspect the | ||||||
15 | premises of the cottage food operation in question and (B) | ||||||
16 | set a reasonable fee for that inspection.
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17 | (e) A person who produces or packages a non-potentially | ||||||
18 | hazardous baked good for sale by a religious, charitable, or | ||||||
19 | nonprofit organization for fundraising purposes is exempt from | ||||||
20 | the requirements of this Section. | ||||||
21 | (f) (e) The Department may adopt rules as may be necessary | ||||||
22 | to implement the provisions of this Section. | ||||||
23 | (Source: P.A. 100-35, eff. 1-1-18; 100-1069, eff. 8-24-18; | ||||||
24 | 101-81, eff. 7-12-19.)".
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