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: | ||||||
| 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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