Sen. Kyle McCarter
Filed: 5/23/2014
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| 1 | AMENDMENT TO HOUSE BILL 5354
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| 2 | AMENDMENT NO. ______. Amend House Bill 5354, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 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 | ||||||
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| 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. | ||||||
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| 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.
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| 23 | Section 99. Effective date. This Act takes effect upon | ||||||
| 24 | becoming law.".
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