Illinois General Assembly - Full Text of HB4851
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Full Text of HB4851  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. Will Guzzardi


410 ILCS 625/3.6

    Amends the Food Handling Regulation Enforcement Act. Replaces provisions concerning home kitchen operations with provisions that: provide that a home kitchen operation may produce homemade food and drink if specified conditions are met; require a home kitchen operation's food packaging to conform with the labeling requirements of the Illinois Food, Drug and Cosmetic Act; contain prepackaging and labeling requirements for home kitchen operation products; provide that a home kitchen operation's annual revenues may not exceed $250,000; require the Department of Public Health to adopt rules establishing reasonable food safety standards for home kitchen operations and to issue administrative guidance for use by local health departments; and provide that a person who produces or packages a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes is exempt from the requirements of the provisions. Preempts home rule.

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HB4851LRB102 24740 CPF 33980 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 3.6 as follows:
6    (410 ILCS 625/3.6)
7    Sec. 3.6. Home kitchen operation.
8    (a) In this Section:
9    "Department" means the Department of Public Health.
10    "Home kitchen operation" means an enterprise that:
11        (1) is conducted in a residence;
12        (2) is controlled and operated by an individual living
13    at the residence; and
14        (3) either (A) stores, handles, prepares, and packages
15    food for sale to consumers or (B) stores, handles,
16    prepares, packages, and serves food for sale to consumers.
17    "Local health department" means a State-certified health
18department of a unit of local government.
19    "Ready-to-eat food" means food that is in a form that is
20edible and safe to eat without washing, cooking, or additional
21preparation by the consumer and that is reasonably expected to
22be consumed in the form in which it is provided to the consumer
23or after reheating by the consumer.



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1    (b) A home kitchen operation may produce homemade food and
2drink provided that all of the following conditions are met:
3        (1) A home kitchen operation must register with or be
4    permitted by the local health department for the unit of
5    local government in which it is located, but may sell
6    products outside of the unit of local government where the
7    home kitchen operation is located. A copy of the
8    certificate of registration or permit must be available
9    upon request by any local health department.
10        (2) A home kitchen operation shall not sell or offer
11    to sell the following food items or processed foods
12    containing the following food items:
13            (A) Alcoholic beverages.
14            (B) Milk or milk products.
15            (C) Raw shellfish.
16            (D) Any low-acid canned food or acidified food
17        that requires a scheduled process under applicable
18        federal, State, or local law, unless the home kitchen
19        operation is otherwise authorized to act as a cottage
20        food operation.
21            (E) Any food that would require a variance, if the
22        home kitchen operation is subject to 77 Ill. Adm. Code
23        750.
24        (3) A home kitchen operation may sell only
25    ready-to-eat food.
26        (4) A home kitchen operation must be supervised by a



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1    Department-approved certified food protection manager.
2    (c) A home kitchen operation's food packaging must conform
3with the labeling requirements of the Illinois Food, Drug and
4Cosmetic Act. A home kitchen operation's product shall be
5prepackaged and the food packaging shall be affixed with a
6prominent label that includes the following:
7        (1) The name of the home kitchen operation and unit of
8    local government in which the home kitchen operation is
9    located.
10        (2) The identifying registration number provided by
11    the local health department on the certificate of
12    registration or permit and the name of the municipality or
13    county in which the registration was filed or the permit
14    was issued.
15        (3) The common or usual name of the food product.
16        (4) All ingredients of the food product, including any
17    color, artificial flavor, and preservative, listed in
18    descending order by predominance of weight shown with the
19    common or usual names.
20        (5) The following phrase in prominent lettering: "This
21    product was produced in a home kitchen not regularly
22    inspected by a health department that may also process
23    common food allergens. If you have safety concerns,
24    contact your local health department.".
25        (6) The date the product was processed.
26        (7) Allergen labeling as specified under federal and



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1    State labeling requirements.
2    Food packaging may include the designation
3"Illinois-grown", "Illinois-sourced", or "Illinois farm
4product" if the packaged product is a local farm or food
5product, as that term is defined in Section 5 of the Local
6Food, Farms, and Jobs Act.
7    If a product is difficult to properly label or package, or
8for other reasons, the local health department of the location
9where the product is sold may grant permission to sell the
10product without it being prepackaged, in which case other
11prominent written notice shall be provided to the purchaser.
12    At the point of sale, notice must be provided in a
13prominent location that states the following: "This product
14was produced in a home kitchen not inspected by a health
15department that may also process common food allergens.". At a
16physical display, notice shall be a placard. Online, notice
17shall be a message on the home kitchen operation's online
18sales interface at the point of sale.
19    (d) Food and drink produced by a home kitchen operation
20shall be sold directly to consumers for their own consumption
21and not for resale. Sales directly to consumers include, but
22are not limited to, sales at or through the following:
23        (1) Farmers' markets.
24        (2) Fairs, festivals, public events, or online.
25        (3) Pickup from the private home or farm of the home
26    kitchen operator, if the pickup is not prohibited by any



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1    law of the unit of local government that applies equally
2    to all home kitchen operations. In a municipality with a
3    population of 1,000,000 or more, a home kitchen operator
4    shall comply with any law of the municipality that applies
5    equally to all home-based businesses.
6        (4) Delivery to the customer by the home kitchen
7    operation or a third-party delivery service.
8        (5) Pickup from a third-party private property with
9    the consent of the third-party property holder.
10    (e) A home kitchen operation's annual revenues may not
11exceed $250,000.
12    (f) The Department shall exclude home kitchen operations
13from the definition of "Food Establishment" under 77 Ill. Adm.
14Code 750.100 and the rules applicable to Food Establishments.
15    (g) By July 1, 2023, the Department shall adopt rules
16establishing reasonable food safety standards for home kitchen
17operations. The rules must comply with the following:
18        (1) Be reasonably necessary to ensure food safety and
19    reasonably feasible for ordinary home kitchen facilities.
20        (2) Not require home kitchen operations to have or to
21    use facilities or equipment not ordinarily used in private
22    homes.
23        (3) Not prevent or restrict persons who live in the
24    home and their guests from accessing and being present in
25    the registered or permitted area while food for the home
26    kitchen operation is being stored, handled, prepared, or



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1    packaged, so long as such persons are supervised by the
2    licensed operator and not known to have symptoms of acute
3    gastrointestinal illness or to be infected with a disease
4    that is transmissible through food.
5    If food safety training is required, the Department shall
6ensure that the training content and any required examination
7are available in languages other than English that are
8commonly spoken by Illinois residents as their primary
10    (h) By July 1, 2023, the Department shall issue
11administrative guidance establishing the following for use by
12local health departments:
13        (1) A standard registration or permit application
14    form, including, if applicable, a written food safety
15    plan.
16        (2) A standard compliance self-certification checklist
17    form.
18        (3) A standard inspection form and inspection
19    procedures.
20    (i) A local health department shall register or grant a
21permit to any eligible home kitchen operation that meets the
22requirements of this Section and shall issue a registration
23certificate or permit certificate with an identifying number
24to each registered or permitted home kitchen operation. A
25local health department may conduct a pre-operational
26inspection of the applicant and may establish a



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1self-certification program for home kitchen operators to
2affirm compliance with applicable laws, rules, and
4    The registration or permit shall be renewed annually and
5the local health department may impose a fee not to exceed
7    (j) Notwithstanding any other provision of law, an
8inspection of a home kitchen operation shall be limited to a
9pre-operational inspection before registration or issuing a
10permit, investigation of credible complaints, and
11investigation of foodborne illness outbreaks.
12    An inspection shall be scheduled with the home kitchen
13operation in advance, except in an emergency situation.
14    An inspection shall be limited to the areas of the
15residence used for home kitchen operations.
16    (k) If there is a credible consumer complaint or foodborne
17illness outbreak, upon notice from a different local health
18department or if the Department or a local health department
19has reason to believe that an imminent health hazard exists or
20that a home kitchen operation's product has been found to be
21misbranded, adulterated, or not in compliance with the
22conditions for home kitchen operations set forth in this
23Section or Department rules, the Department or the local
24health department may:
25        (1) inspect the premises of the home kitchen operation
26    in question;



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1        (2) set a reasonable fee for the inspection; and
2        (3) invoke penalties and the cessation of the sale of
3    the home kitchen operation's products until it deems that
4    the situation has been addressed to the satisfaction of
5    the Department or local health department; if the
6    situation is not amenable to being addressed, the local
7    health department may revoke the home kitchen operation's
8    registration or permit following a process outlined by the
9    local health department.
10    A local health department that receives a consumer
11complaint or a report of foodborne illness related to a home
12kitchen operation in another jurisdiction shall refer the
13complaint or report to the local health department where the
14home kitchen operation is located.
15    (l) A person who produces or packages a non-potentially
16hazardous baked good for sale by a religious, charitable, or
17nonprofit organization for fundraising purposes is exempt from
18the requirements of this Section.
19    (m) A unit of local government shall allow home kitchen
20operations to use residential property as registered or
22    (n) A unit of local government shall allow commercial
23delivery services to pick up food from home kitchen
25    (o) A home rule unit may not regulate home kitchen
26operations in a manner inconsistent with the regulation by the



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1State of home kitchen operations under this Section or rules
2adopted under this Section. This Section is a limitation under
3subsection (i) of Section 6 of Article VII of the Illinois
4Constitution on the concurrent exercise by home rule units of
5powers and functions exercised by the State.
6    (a) For the purpose of this Section, "home kitchen
7operation" means a person who produces or packages
8non-potentially hazardous baked goods, as allowed by
9subsection (a-5), in a kitchen of that person's primary
10domestic residence for direct sale by the owner or a family
11member. A home kitchen operation does not include a person who
12produces or packages non-potentially hazardous baked goods for
13sale by a religious, charitable, or nonprofit organization for
14fundraising purposes; the production or packaging of
15non-potentially hazardous baked goods for these purposes is
16exempt from the requirements of this Act. The following
17conditions must be met in order to qualify as a home kitchen
19        (1) Monthly gross sales do not exceed $1,000.
20        (2) The food is a non-potentially hazardous baked
21    good, as described in Section 4 of this Act.
22        (3) A notice is provided to the purchaser that the
23    product was produced in a home kitchen.
24        (4) The food package is affixed with a label or other
25    written notice is provided to the purchaser that includes:
26            (i) the common or usual name of the food product;



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1        and
2            (ii) allergen labeling as specified in federal
3        labeling requirements by the United States Food and
4        Drug Administration.
5        (5) The food is sold directly to the consumer.
6        (6) The food is stored in the residence where it is
7    produced or packaged.
8    (a-5) Baked goods, such as, but not limited to, breads,
9cookies, cakes, pies, and pastries are allowed. Only high-acid
10fruit pies that use the following fruits are allowed: apple,
11apricot, grape, peach, plum, quince, orange, nectarine,
12tangerine, blackberry, raspberry, blueberry, boysenberry,
13cherry, cranberry, strawberry, red currants, or a combination
14of these fruits.
15    (b) The Department of Public Health or the health
16department of a unit of local government may inspect a home
17kitchen operation in the event of a complaint or disease
19    (c) The requirements of this Section apply only to a home
20kitchen operation located in a municipality, township, or
21county where the local governing body having the jurisdiction
22to enforce this Act or the rules adopted under this Act has
23adopted an ordinance authorizing home kitchen operations.
24(Source: P.A. 99-78, eff. 7-20-15; 99-191, eff. 1-1-16;
25100-35, eff. 1-1-18.)