|
Sen. Kyle McCarter
Filed: 5/23/2014
| | 09800HB5354sam003 | | LRB098 19952 RPM 59961 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 5354
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 5354, AS AMENDED, by |
| 3 | | replacing everything after the enacting clause with the |
| 4 | | following:
|
| 5 | | "Section 5. The Food Handling Regulation Enforcement Act is |
| 6 | | amended by adding Section 3.4 as follows:
|
| 7 | | (410 ILCS 625/3.4 new) |
| 8 | | Sec. 3.4. Home kitchen operation. |
| 9 | | (a) For the purpose of this Section, "home kitchen |
| 10 | | operation" means a person who produces non-potentially |
| 11 | | hazardous food in a kitchen of that person's primary domestic |
| 12 | | residence for direct sale by the owner or a family member. |
| 13 | | (b) Notwithstanding any other provision of law and except |
| 14 | | as provided in subsections (c), (d), and (e) of this Section, |
| 15 | | neither the Department of Public Health nor the Department of |
| 16 | | Agriculture nor the health department of a unit of local |
|
| | 09800HB5354sam003 | - 2 - | LRB098 19952 RPM 59961 a |
|
|
| 1 | | government may regulate the service of food by a home kitchen |
| 2 | | operation providing that all of the following conditions are |
| 3 | | met: |
| 4 | | (1) Monthly gross sales do not exceed $1,000. |
| 5 | | (2) The food is a non-potentially hazardous baked food, |
| 6 | | as defined in Section 4 of this Act. |
| 7 | | (3) A written notice is provided to the purchaser that |
| 8 | | the product was produced in a home kitchen. |
| 9 | | (4) The non-potentially hazardous baked food packaging |
| 10 | | conforms to the labeling requirements of the Illinois Food, |
| 11 | | Drug and Cosmetic Act and includes the following |
| 12 | | information on the label of each of its products: |
| 13 | | (A) the name and address of the home kitchen |
| 14 | | operation; |
| 15 | | (B) the common or usual name of the food product; |
| 16 | | (C) all ingredients of the food product, including |
| 17 | | any colors, artificial flavors, and preservatives, |
| 18 | | listed in descending order by predominance of weight |
| 19 | | shown with common or usual names; |
| 20 | | (D) the following phrase: "This product was |
| 21 | | produced in a home kitchen not subject to public health |
| 22 | | inspection that may also process common food |
| 23 | | allergens."; |
| 24 | | (E) the date the product was processed; and |
| 25 | | (F) allergen labeling as specified in federal |
| 26 | | labeling requirements. |
|
| | 09800HB5354sam003 | - 3 - | LRB098 19952 RPM 59961 a |
|
|
| 1 | | (5) The person preparing and selling products or the |
| 2 | | person providing supervisory and management responsibility |
| 3 | | for product preparation and sales as a home kitchen |
| 4 | | operation has a Department of Public Health approved Food |
| 5 | | Service Sanitation Management Certificate. |
| 6 | | (6) The certified food service sanitation manager of |
| 7 | | the home kitchen operation shall register with the |
| 8 | | State-certified local public health department, which may |
| 9 | | include a reasonable fee set by the State-certified local |
| 10 | | public health department that is no greater than $25. |
| 11 | | (c) Home kitchen operations with gross sales of less than |
| 12 | | $250 per month shall be exempt from the provisions of |
| 13 | | subsection (b) of this Section. |
| 14 | | (d) The Department of Public Health or the health |
| 15 | | department of a unit of local government may inspect a home |
| 16 | | kitchen operation in the event of a complaint or disease |
| 17 | | outbreak. |
| 18 | | (e) The provision for direct sales in this Section applies |
| 19 | | only to a home kitchen operation located in a municipality, |
| 20 | | township, or county where the local governing body has adopted |
| 21 | | an ordinance authorizing the direct sale of baked goods as |
| 22 | | described in Section 4 of this Act.
|
| 23 | | Section 99. Effective date. This Act takes effect upon |
| 24 | | becoming law.".
|