SB2007 EngrossedLRB102 12761 CPF 18100 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Food Handling Regulation Enforcement Act is
5amended 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
10added to it to produce a final equilibrium pH of 4.6 or below;
11or (ii) it is fermented to produce a final equilibrium pH of
124.6 or below.
13    "Canned food" means food preserved in air-tight,
14vacuum-sealed containers that has been are heat processed
15sufficiently under United States Department of Agriculture
16guidelines to enable storing the food at normal home
18    "Cottage food operation" means an operation conducted by a
19person who produces or packages food or drink, other than
20foods and drinks listed as prohibited in paragraph (1) (1.5)
21of subsection (b) of this Section, in a kitchen located in that
22person's primary domestic residence or another appropriately
23designed and equipped kitchen on a farm residential or



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1commercial-style kitchen on that property for direct sale by
2the owner, a family member, or employee.
3    "Cut leafy greens" means fresh leafy greens whose leaves
4have been cut, shredded, sliced, chopped, or torn. "Cut leafy
5greens" 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
8measured in an acidified food after all the components of the
9food have achieved the same acidity.
10    "Farmers' market" means a common facility or area where
11farmers gather to sell a variety of fresh fruits and
12vegetables and other locally produced farm and food products
13directly to consumers.
14    "Leafy greens" includes iceberg lettuce; romaine lettuce;
15leaf lettuce; butter lettuce; baby leaf lettuce, such as
16immature lettuce or leafy greens; escarole; endive; spring
17mix; spinach; cabbage; kale; arugula; and chard. "Leafy
18greens" does not include microgreens or herbs such as cilantro
19or parsley.
20    "Local health department" means the State-certified health
21department of a unit of local government in which a cottage
22food operation is located.
23    "Low-acid canned food" means any canned food with a
24finished equilibrium pH greater than 4.6 and a water activity
25(aw) greater than 0.85.
26    "Main ingredient" means an agricultural product that is



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1the defining or distinctive ingredient in a cottage food
2product, though not necessarily by predominance of weight.
3    "Microgreen" means an edible plant seedling grown in soil
4or substrate and harvested above the soil or substrate line.
5    "Potentially hazardous food" means a food that is
6potentially hazardous according to the Department's
7administrative rules. Potentially hazardous food (PHF) in
8general means a food that requires time and temperature
9control for safety (TCS) to limit pathogenic microorganism
10growth or toxin formation.
11    "Sprout" means any seedling intended for human consumption
12that was produced in a manner that does not meet the definition
13of microgreen.
14    (b) (1) Notwithstanding any other provision of law and
15except as provided in subsections (c), (d), and (e) of this
16Section, neither the Department nor the Department of
17Agriculture nor the health department of a unit of local
18government may regulate the transaction of food or drink by a
19cottage food operation providing that all of the following
20conditions are met: (1) (Blank). (1.5) A cottage food
21operation may produce homemade food and drink. A However, a
22cottage food operation, unless properly licensed, certified,
23and compliant with all requirements to sell a listed food item
24under the laws and regulations pertinent to that food item,
25shall not sell or offer to sell the following food items or
26processed foods containing the following food items, except as



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2            (A) meat, poultry, fish, seafood, or shellfish;
3            (B) dairy, except as an ingredient in a
4        non-potentially hazardous food, such as a baked good
5        or candy, such as caramel, subject to paragraph (4),
6        or as an ingredient in a baked good frosting, such as
7        buttercream (1.8);
8            (C) eggs, except as an ingredient in a
9    non-potentially hazardous food, including dry noodles, or
10    as an ingredient in a baked good frosting, such as
11    buttercream, if the eggs are not raw baked good or in dry
12    noodles;
13            (D) pumpkin pies, sweet potato pies, cheesecakes,
14        custard pies, creme pies, and pastries with
15        potentially hazardous fillings or toppings;
16            (E) garlic in oil or oil infused with garlic,
17        except if the garlic oil is acidified;
18            (F) canned foods, except for the following, which
19        may be canned only in Mason-style jars with new lids:
20                (i) fruit jams, fruit jellies, fruit
21            preserves, or fruit butters;
22                (ii) syrups;
23                (iii) whole or cut fruit canned in syrup;
24                (iv) acidified fruit or vegetables prepared
25            and offered for sale in compliance with paragraph
26            (1.6); and



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1                (v) condiments such as prepared mustard,
2            horseradish, or ketchup that do not contain
3            ingredients prohibited under this Section and that
4            are prepared and offered for sale in compliance
5            with paragraph (1.6);
6            (F) low-acid canned foods;
7            (G) sprouts;
8            (H) cut leafy greens, except for cut leafy greens
9        that are dehydrated, acidified, or blanched and
10        frozen;
11            (I) cut or pureed fresh tomato or melon;
12            (J) dehydrated tomato or melon;
13            (K) frozen cut melon;
14            (L) wild-harvested, non-cultivated mushrooms;
15            (M) alcoholic beverages; or
16            (N) kombucha.
17        (2) (1.6) In order to sell canned tomatoes or a canned
18    product containing tomatoes, a cottage food operator shall
19    either:
20            (A) follow exactly a recipe that has been tested
21        by the United States Department of Agriculture or by a
22        state cooperative extension located in this State or
23        any other state in the United States; or
24            (B) submit the recipe, at the cottage food
25        operator's expense, to a commercial laboratory
26        according to the commercial laboratory's direction to



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1        test that the product has been adequately acidified;
2        use only the varietal or proportionate varietals of
3        tomato included in the tested recipe for all
4        subsequent batches of such recipe; and provide
5        documentation of the test results of the recipe
6        submitted under this subparagraph to an inspector upon
7        request during any inspection authorized by paragraph
8        (2) of subsection (d).
9        (1.7) A State-certified local public health department
10    that regulates the service of food by a cottage food
11    operation in accordance with subsection (d) of this
12    Section may require a cottage food operation to submit a
13    canned food that is subject to paragraph (1.6), at the
14    cottage food operator's expense, to a commercial
15    laboratory to verify that the product has a final
16    equilibrium pH of 4.6 or below.
17        (3) In order to sell a fermented or acidified food, a
18    cottage food operation shall either:
19            (A) submit a recipe that has been tested by the
20        United States Department of Agriculture or a
21        Cooperative Extension System located in this State or
22        any other state in the United States; or
23            (B) submit a written food safety plan for each
24        category of products for which the cottage food
25        operator uses the same procedures, such as pickles,
26        kimchi, or hot sauce, and a pH test for a single



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1        product that is representative of that category; the
2        written food safety plan shall be submitted annually
3        upon registration and each pH test shall be submitted
4        every 3 years; the food safety plan shall adhere to
5        guidelines developed by University of Illinois
6        Extension.
7        A fermented or acidified food shall be packaged
8    according to one of the following standards:
9            (A) Acidified and fermented foods that are canned
10        must be processed in a boiling water bath in a mason
11        style jar or glass container with a tight-fitting lid.
12            (B) Acidified and fermented foods that are not
13        canned shall be sold in any container that is new,
14        clean, and seals properly and must be stored,
15        transported, and sold at or below 41 degrees.
16        (4) (1.8) A State-certified local public health
17    department that regulates the service of food by a cottage
18    food operation in accordance with subsection (d) of this
19    Section may require a cottage food operation to submit a
20    recipe for any baked good containing cheese, at the
21    cottage food operator's expense, to a commercial
22    laboratory to verify that it is non-potentially hazardous
23    before allowing the cottage food operation to sell the
24    baked good as a cottage food.
25        (5) The food and drink produced by a cottage food
26    operation shall be sold directly to consumers for their



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1    own consumption and not for resale. Sales directly to
2    consumers include, but are not limited to: sales at
3    farmers' markets, fairs, festivals, or public events or
4    online; pickup from the private home or farm of the
5    cottage food operator if not prohibited by laws of the
6    unit of local government that apply equally to all cottage
7    food operations; delivery to the customer; or pickup from
8    a third-party private property with the consent of the
9    third-party property holder. Cottage food products shall
10    not be shipped out of State.
11        (6) For cottage food operations that are not utilizing
12    municipal water supplies, such as operations using private
13    wells, a local health department may require a water
14    sample test to verify that the water source being used
15    meets public safety standards related to E. coli coliform.
16    If a test is requested, it must be conducted at the cottage
17    food operator's expense.
18        (2) The food is to be sold at a farmers' market, with
19    the exception that cottage foods that have a locally grown
20    agricultural product as the main ingredient may be sold on
21    the farm where the agricultural product is grown or
22    delivered directly to the consumer.
23        (3) (Blank).
24        (7) The food packaging must conform to the labeling
25    requirements of the Illinois Food, Drug, and Cosmetic Act.
26    The food packaging may include the designation



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1    "Illinois-grown", "Illinois-sourced", or "Illinois farm
2    product" if the products are local farm or food products
3    as defined in Section 5 of the Local Food, Farms, and Jobs
4    Act. Cottage food products shall be prepackaged and the
5    food packaging shall be affixed with a prominent label
6    that includes the following items, unless the local health
7    department where the product is sold has granted
8    permission to sell products that are not prepackaged, in
9    which case other prominent written notice shall be
10    provided to the purchaser that includes the following
11    labeling requirements: (4) The food packaging conforms to
12    the labeling requirements of the Illinois Food, Drug and
13    Cosmetic Act and includes the following information on the
14    label of each of its products:
15            (A) the name and address of the cottage food
16        operation;
17            (B) the identifying registration number provided
18        by the local health department on the certification of
19        registration and the name of the municipality or
20        county in which the registration was filed;
21            (C) (B) the common or usual name of the food
22        product;
23            (D) (C) all ingredients of the food product,
24        including any colors, artificial flavors, and
25        preservatives, listed in descending order by
26        predominance of weight shown with common or usual



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1        names;
2            (E) (D) the following phrase in prominent
3        lettering: "This product was produced in a home
4        kitchen not inspected by a health department subject
5        to public health inspection that may also process
6        common food allergens.";
7            (F) (E) the date the product was processed; and
8            (G) (F) allergen labeling as specified in federal
9        labeling requirements.
10        (8) (5) The name and residence of the person preparing
11    and selling products as a cottage food operation must be
12    are registered with the local health department and the
13    certificate of registration must be available at the point
14    of sale. A cottage food operation is required to register
15    with the local health department for the unit of local
16    government in which it is located, but may sell products
17    outside of the unit of local government where the cottage
18    food operation is located. of a unit of local government
19    where the cottage food operation resides. No fees shall be
20    charged for registration. Registration shall be for a
21    minimum period of one year.
22        (9) (6) The person preparing or packaging products as
23    part of a cottage food operation must be a
24    Department-approved certified food protection manager has
25    a Department approved Food Service Sanitation Management
26    Certificate.



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1        (10) (7) At the point of sale, notice must be provided
2    a placard is displayed in a prominent location that states
3    the following: "This product was produced in a home
4    kitchen not inspected by a health department subject to
5    public health inspection that may also process common food
6    allergens.". At a physical display, notice shall be a
7    placard. Online, notice shall be a message on the cottage
8    food operation's online sales interface.
9    (b-5) A home rule unit may not regulate cottage food
10operations in a manner inconsistent with the regulation by the
11State of cottage food operations under this Section. This
12Section is a limitation under subsection (i) of Section 6 of
13Article VII of the Illinois Constitution on the concurrent
14exercise by home rule units of powers and functions exercised
15by the State.
16    (c) Notwithstanding the provisions of subsection (b) of
17this Section, if the Department or a local the health
18department of a unit of local government has received a
19consumer complaint or has reason to believe that an imminent
20health hazard exists or that a cottage food operation's
21product has been found to be misbranded, adulterated, or not
22in compliance with the exception for cottage food operations
23pursuant to this Section, then it may invoke cessation of
24sales of cottage food products until it deems that the
25situation has been addressed to the satisfaction of the
26Department or the local health department. If the situation is



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1not amenable to being addressed, the Department or local
2health department may revoke the cottage food operation's
3registration following a process outlined by the Department or
4local health department.
5    (d) A local health department shall register any eligible
6cottage food operation that meets the requirements of this
7Section and shall issue a certificate of registration with an
8identifying registration number to each registered cottage
9food operation. Registration shall be completed annually and
10the local health department may impose a reasonable fee that
11is no greater than $25. The regulation by a local health
12department may include all of the following requirements:
13Notwithstanding the provisions of subsection (b) of this
14Section, a State-certified local public health department may,
15upon providing a written statement to the Department, regulate
16the service of food by a cottage food operation. The
17regulation by a State-certified local public health department
18may include all of the following requirements:
19        (1) That the cottage food operation (A) register with
20    the State-certified local public health department, which
21    shall be for a minimum of one year and include a reasonable
22    fee set by the State-certified local public health
23    department that is no greater than $25 notwithstanding
24    paragraph (5) of subsection (b) of this Section and (B)
25    agree in writing at the time of registration to grant
26    access to the State-certified local public health



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1    department to conduct an inspection of the premises of the
2    cottage food operation cottage food operation's primary
3    domestic residence in the event of a consumer complaint or
4    foodborne illness outbreak.
5        (2) That in the event of a consumer complaint or
6    foodborne illness outbreak the State-certified local
7    public health department is allowed to (A) inspect the
8    premises of the cottage food operation in question and (B)
9    set a reasonable fee for that inspection.
10    (e) A person who produces or packages a non-potentially
11hazardous baked good for sale by a religious, charitable, or
12nonprofit organization for fundraising purposes is exempt from
13the requirements of this Section.
14    (f) (e) The Department may adopt rules as may be necessary
15to implement the provisions of this Section.
16(Source: P.A. 100-35, eff. 1-1-18; 100-1069, eff. 8-24-18;
17101-81, eff. 7-12-19.)