Illinois General Assembly - Full Text of SB2007
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Full Text of SB2007  102nd General Assembly

SB2007enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2007 EnrolledLRB102 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
17temperatures.
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 (1.5) of
21subsection (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 a State-certified health
21department of a unit of local government in which a cottage
22food operation is located.
23    "Local public health department association" means an
24association solely representing 2 or more State-certified
25local health departments.
26    "Low-acid canned food" means any canned food with a

 

 

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1finished equilibrium pH greater than 4.6 and a water activity
2(aw) greater than 0.85.
3    "Main ingredient" means an agricultural product that is
4the defining or distinctive ingredient in a cottage food
5product, though not necessarily by predominance of weight.
6    "Microgreen" means an edible plant seedling grown in soil
7or substrate and harvested above the soil or substrate line.
8    "Potentially hazardous food" means a food that is
9potentially hazardous according to the Department's
10administrative rules. Potentially hazardous food (PHF) in
11general means a food that requires time and temperature
12control for safety (TCS) to limit pathogenic microorganism
13growth or toxin formation.
14    "Sprout" means any seedling intended for human consumption
15that was produced in a manner that does not meet the definition
16of microgreen.
17    (b) A cottage food operation may produce homemade food and
18drink provided that all of the following conditions are met:
19Notwithstanding any other provision of law and except as
20provided in subsections (c), (d), and (e) of this Section,
21neither the Department nor the Department of Agriculture nor
22the health department of a unit of local government may
23regulate the transaction of food or drink by a cottage food
24operation providing that all of the following conditions are
25met:
26        (1) (Blank).

 

 

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1        (1.3) A cottage food operation must register with the
2    local health department for the unit of local government
3    in which it is located, but may sell products outside of
4    the unit of local government where the cottage food
5    operation is located. A copy of the certificate of
6    registration must be available upon request by any local
7    health department.
8        (1.5) A cottage food operation may produce homemade
9    food and drink. However, a cottage food operation, unless
10    properly licensed, certified, and compliant with all
11    requirements to sell a listed food item under the laws and
12    regulations pertinent to that food item, shall not sell or
13    offer to sell the following food items or processed foods
14    containing the following food items, except as indicated:
15            (A) meat, poultry, fish, seafood, or shellfish;
16            (B) dairy, except as an ingredient in a
17        non-potentially hazardous baked good or candy, such as
18        caramel, subject to paragraph (4), or as an ingredient
19        in a baked good frosting, such as buttercream (1.8);
20            (C) eggs, except as an ingredient in a
21        non-potentially hazardous food, including baked good
22        or in dry noodles, or as an ingredient in a baked good
23        frosting, such as buttercream, if the eggs are not
24        raw;
25            (D) pumpkin pies, sweet potato pies, cheesecakes,
26        custard pies, creme pies, and pastries with

 

 

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1        potentially hazardous fillings or toppings;
2            (E) garlic in oil or oil infused with garlic,
3        except if the garlic oil is acidified;
4            (F) low-acid canned foods; canned foods, except
5        for the following, which may be canned only in
6        Mason-style jars with new lids:
7                (i) fruit jams, fruit jellies, fruit
8            preserves, or fruit butters;
9                (ii) syrups;
10                (iii) whole or cut fruit canned in syrup;
11                (iv) acidified fruit or vegetables prepared
12            and offered for sale in compliance with paragraph
13            (1.6); and
14                (v) condiments such as prepared mustard,
15            horseradish, or ketchup that do not contain
16            ingredients prohibited under this Section and that
17            are prepared and offered for sale in compliance
18            with paragraph (1.6);
19            (G) sprouts;
20            (H) cut leafy greens, except for cut leafy greens
21        that are dehydrated, acidified, or blanched and
22        frozen;
23            (I) cut or pureed fresh tomato or melon;
24            (J) dehydrated tomato or melon;
25            (K) frozen cut melon;
26            (L) wild-harvested, non-cultivated mushrooms;

 

 

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1            (M) alcoholic beverages; or
2            (N) kombucha.
3        (1.6) In order to sell canned tomatoes or a canned
4    product containing tomatoes, a cottage food operator shall
5    either:
6            (A) follow exactly a recipe that has been tested
7        by the United States Department of Agriculture or by a
8        state cooperative extension located in this State or
9        any other state in the United States; or
10            (B) submit the recipe, at the cottage food
11        operator's expense, to a commercial laboratory
12        according to the commercial laboratory's directions to
13        test that the product has been adequately acidified;
14        use only the varietal or proportionate varietals of
15        tomato included in the tested recipe for all
16        subsequent batches of such recipe; and provide
17        documentation of the annual test results of the recipe
18        submitted under this subparagraph upon registration
19        and to an inspector upon request during any inspection
20        authorized by paragraph (2) of subsection (d).
21        (2) In order to sell a fermented or acidified food, a
22    cottage food operation shall either:
23            (A) submit a recipe that has been tested by the
24        United States Department of Agriculture or a
25        cooperative extension system located in this State or
26        any other state in the United States; or

 

 

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1            (B) submit a written food safety plan for each
2        category of products for which the cottage food
3        operator uses the same procedures, such as pickles,
4        kimchi, or hot sauce, and a pH test for a single
5        product that is representative of that category; the
6        written food safety plan shall be submitted annually
7        upon registration and each pH test shall be submitted
8        every 3 years; the food safety plan shall adhere to
9        guidelines developed by the Department.
10        (3) A fermented or acidified food shall be packaged
11    according to one of the following standards:
12            (A) A fermented or acidified food that is canned
13        must be processed in a boiling water bath in a
14        Mason-style jar or glass container with a
15        tight-fitting lid.
16            (B) A fermented or acidified food that is not
17        canned shall be sold in any container that is new,
18        clean, and seals properly and must be stored,
19        transported, and sold at or below 41 degrees.
20        (4) In order to sell a baked good with cheese, a local
21    health department may require a cottage food operation to
22    submit a recipe, at the cottage food operator's expense,
23    to a commercial laboratory to verify that it is
24    non-potentially hazardous before allowing the cottage food
25    operation to sell the baked good as a cottage food.
26        (5) For a cottage food operation that does not utilize

 

 

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1    a municipal water supply, such as an operation using a
2    private well, a local health department may require a
3    water sample test to verify that the water source being
4    used meets public safety standards related to E. coli
5    coliform. If a test is requested, it must be conducted at
6    the cottage food operator's expense.
7        (6) A person preparing or packaging a product as part
8    of a cottage food operation must be a Department-approved
9    certified food protection manager.
10        (7) Food packaging must conform with the labeling
11    requirements of the Illinois Food, Drug and Cosmetic Act.
12    A cottage food product shall be prepackaged and the food
13    packaging shall be affixed with a prominent label that
14    includes the following:
15            (A) the name of the cottage food operation and
16        unit of local government in which the cottage food
17        operation is located;
18            (B) the identifying registration number provided
19        by the local health department on the certificate of
20        registration and the name of the municipality or
21        county in which the registration was filed;
22            (C) the common or usual name of the food product;
23            (D) all ingredients of the food product, including
24        any color, artificial flavor, and preservative, listed
25        in descending order by predominance of weight shown
26        with the common or usual names;

 

 

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1            (E) the following phrase in prominent lettering:
2        "This product was produced in a home kitchen not
3        inspected by a health department that may also process
4        common food allergens. If you have safety concerns,
5        contact your local health department.";
6            (F) the date the product was processed; and
7            (G) allergen labeling as specified under federal
8        labeling requirements.
9        (8) Food packaging may include the designation
10    "Illinois-grown", "Illinois-sourced", or "Illinois farm
11    product" if the packaged product is a local farm or food
12    product as that term is defined in Section 5 of the Local
13    Food, Farms, and Jobs Act.
14        (9) In the case of a product that is difficult to
15    properly label or package, or for other reasons, the local
16    health department of the location where the product is
17    sold may grant permission to sell products that are not
18    prepackaged, in which case other prominent written notice
19    shall be provided to the purchaser.
20        (10) At the point of sale, notice must be provided in a
21    prominent location that states the following: "This
22    product was produced in a home kitchen not inspected by a
23    health department that may also process common food
24    allergens." At a physical display, notice shall be a
25    placard. Online, notice shall be a message on the cottage
26    food operation's online sales interface at the point of

 

 

SB2007 Enrolled- 10 -LRB102 12761 CPF 18100 b

1    sale.
2        (11) Food and drink produced by a cottage food
3    operation shall be sold directly to consumers for their
4    own consumption and not for resale. Sales directly to
5    consumers include, but are not limited to, sales at or
6    through:
7            (A) farmers' markets;
8            (B) fairs, festivals, public events, or online;
9            (C) pickup from the private home or farm of the
10        cottage food operator, if the pickup is not prohibited
11        by any law of the unit of local government that applies
12        equally to all cottage food operations; in a
13        municipality with a population of 1,000,000 or more, a
14        cottage food operator shall comply with any law of the
15        municipality that applies equally to all home-based
16        businesses;
17            (D) delivery to the customer; and
18            (E) pickup from a third-party private property
19        with the consent of the third-party property holder.
20        (12) Only food that is non-potentially hazardous may
21    be shipped. A cottage food product shall not be shipped
22    out of State. Each cottage food product that is shipped
23    must be sealed in a manner that reveals tampering,
24    including, but not limited to, a sticker or pop top.
25    (c) A local health department shall register any eligible
26cottage food operation that meets the requirements of this

 

 

SB2007 Enrolled- 11 -LRB102 12761 CPF 18100 b

1Section and shall issue a certificate of registration with an
2identifying registration number to each registered cottage
3food operation. A local health department may establish a
4self-certification program for cottage food operators to
5affirm compliance with applicable laws, rules, and
6regulations. Registration shall be completed annually and the
7local health department may impose a fee not to exceed $50.
8    (d) In the event of a consumer complaint or foodborne
9illness outbreak, upon notice from a different local health
10department, or if the Department or a local health department
11has reason to believe that an imminent health hazard exists or
12that a cottage food operation's product has been found to be
13misbranded, adulterated, or not in compliance with the
14conditions for cottage food operations set forth in this
15Section, the Department or the local health department may:
16        (1) inspect the premises of the cottage food operation
17    in question;
18        (2) set a reasonable fee for the inspection; and
19        (3) invoke penalties and the cessation of the sale of
20    cottage food products until it deems that the situation
21    has been addressed to the satisfaction of the Department
22    or local health department; if the situation is not
23    amenable to being addressed, the local health department
24    may revoke the cottage food operation's registration
25    following a process outlined by the local health
26    department.

 

 

SB2007 Enrolled- 12 -LRB102 12761 CPF 18100 b

1    (e) A local health department that receives a consumer
2complaint or a report of foodborne illness related to a
3cottage food operator in another jurisdiction shall refer the
4complaint or report to the local health department where the
5cottage food operator is registered.
6    (f) By January 1, 2022, the Department, in collaboration
7with local public health department associations and other
8stakeholder groups, shall write and issue administrative
9guidance to local health departments on the following:
10        (1) development of a standard registration form,
11    including, if applicable, a written food safety plan;
12        (2) development of a Home-Certification Self Checklist
13    Form;
14        (3) development of a standard inspection form and
15    inspection procedures; and
16        (4) procedures for cottage food operation workspaces
17    that include, but are not limited to, cleaning products,
18    general sanitation, and requirements for functional
19    equipment.
20    (g) A person who produces or packages a non-potentially
21hazardous baked good for sale by a religious, charitable, or
22nonprofit organization for fundraising purposes is exempt from
23the requirements of this Section.
24    (h) A home rule unit may not regulate cottage food
25operations in a manner inconsistent with the regulation by the
26State of cottage food operations under this Section. This

 

 

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1Section is a limitation under subsection (i) of Section 6 of
2Article VII of the Illinois Constitution on the concurrent
3exercise by home rule units of powers and functions exercised
4by the State.
5        (1.7) A State-certified local public health department
6    that regulates the service of food by a cottage food
7    operation in accordance with subsection (d) of this
8    Section may require a cottage food operation to submit a
9    canned food that is subject to paragraph (1.6), at the
10    cottage food operator's expense, to a commercial
11    laboratory to verify that the product has a final
12    equilibrium pH of 4.6 or below.
13        (1.8) A State-certified local public health department
14    that regulates the service of food by a cottage food
15    operation in accordance with subsection (d) of this
16    Section may require a cottage food operation to submit a
17    recipe for any baked good containing cheese, at the
18    cottage food operator's expense, to a commercial
19    laboratory to verify that it is non-potentially hazardous
20    before allowing the cottage food operation to sell the
21    baked good as a cottage food.
22        (2) The food is to be sold at a farmers' market, with
23    the exception that cottage foods that have a locally grown
24    agricultural product as the main ingredient may be sold on
25    the farm where the agricultural product is grown or
26    delivered directly to the consumer.

 

 

SB2007 Enrolled- 14 -LRB102 12761 CPF 18100 b

1        (3) (Blank).
2        (4) The food packaging conforms to the labeling
3    requirements of the Illinois Food, Drug and Cosmetic Act
4    and includes the following information on the label of
5    each of its products:
6            (A) the name and address of the cottage food
7        operation;
8            (B) the common or usual name of the food product;
9            (C) all ingredients of the food product, including
10        any colors, artificial flavors, and preservatives,
11        listed in descending order by predominance of weight
12        shown with common or usual names;
13            (D) the following phrase: "This product was
14        produced in a home kitchen not subject to public
15        health inspection that may also process common food
16        allergens.";
17            (E) the date the product was processed; and
18            (F) allergen labeling as specified in federal
19        labeling requirements.
20        (5) The name and residence of the person preparing and
21    selling products as a cottage food operation are
22    registered with the health department of a unit of local
23    government where the cottage food operation resides. No
24    fees shall be charged for registration. Registration shall
25    be for a minimum period of one year.
26        (6) The person preparing or packaging products as a

 

 

SB2007 Enrolled- 15 -LRB102 12761 CPF 18100 b

1    cottage food operation has a Department approved Food
2    Service Sanitation Management Certificate.
3        (7) At the point of sale, a placard is displayed in a
4    prominent location that states the following: "This
5    product was produced in a home kitchen not subject to
6    public health inspection that may also process common food
7    allergens.".
8    (c) Notwithstanding the provisions of subsection (b) of
9this Section, if the Department or the health department of a
10unit of local government has received a consumer complaint or
11has reason to believe that an imminent health hazard exists or
12that a cottage food operation's product has been found to be
13misbranded, adulterated, or not in compliance with the
14exception for cottage food operations pursuant to this
15Section, then it may invoke cessation of sales of cottage food
16products until it deems that the situation has been addressed
17to the satisfaction of the Department.
18    (d) Notwithstanding the provisions of subsection (b) of
19this Section, a State-certified local public health department
20may, upon providing a written statement to the Department,
21regulate the service of food by a cottage food operation. The
22regulation by a State-certified local public health department
23may include all of the following requirements:
24        (1) That the cottage food operation (A) register with
25    the State-certified local public health department, which
26    shall be for a minimum of one year and include a reasonable

 

 

SB2007 Enrolled- 16 -LRB102 12761 CPF 18100 b

1    fee set by the State-certified local public health
2    department that is no greater than $25 notwithstanding
3    paragraph (5) of subsection (b) of this Section and (B)
4    agree in writing at the time of registration to grant
5    access to the State-certified local public health
6    department to conduct an inspection of the cottage food
7    operation's primary domestic residence in the event of a
8    consumer complaint or foodborne illness outbreak.
9        (2) That in the event of a consumer complaint or
10    foodborne illness outbreak the State-certified local
11    public health department is allowed to (A) inspect the
12    premises of the cottage food operation in question and (B)
13    set a reasonable fee for that inspection.
14    (i) (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.)
 
18    Section 99. Effective date. This Act takes effect January
191, 2022.