Full Text of SB0137 97th General Assembly
SB0137 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0137 Introduced 1/27/2011, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
| 410 ILCS 625/4 new | |
410 ILCS 650/11 | from Ch. 56 1/2, par. 77 |
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Amends the Food Handling Regulation Enforcement Act. Sets forth definitions for "cottage food operation" and "non-potentially hazardous food". Provides that notwithstanding any other provision of law, neither the Department of Public Health nor the Department of Agriculture nor the health department of a unit of local government may regulate the service of food by a cottage food operation providing that certain conditions are met. Amends the Sanitary Food Preparation Act to make a corresponding change.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Food Handling Regulation Enforcement Act is | 5 | | amended by adding Section 4 as follows: | 6 | | (410 ILCS 625/4 new) | 7 | | Sec. 4. Cottage food operation. | 8 | | (a) For the purpose of this Section: | 9 | | "Cottage food operation" means a person who produces or | 10 | | packages non-potentially hazardous food in a kitchen of | 11 | | that person's primary domestic residence. | 12 | | "Non-potentially hazardous food" means a food that is | 13 | | not potentially hazardous food as that term is defined in | 14 | | the Federal Food and Drug Administration Food Code (FDA | 15 | | 1999, Pt 1-201.10(B)(61)), which includes, but is not | 16 | | limited to baked goods, jams, jellies, fruit butters, | 17 | | candy, granola, granola bars, vinegar, dried herbs, and dry | 18 | | seasoning blends. "Non-potentially hazardous food" does | 19 | | not include home-canned low-acid or acidified vegetables, | 20 | | home-canned salsa, cheese, garlic in oil, custard pies, | 21 | | home-produced ice products, or any food that requires | 22 | | temperature control for safety. | 23 | | (b) Notwithstanding any other provision of law and except |
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| 1 | | as provided in subsection (c) of this Section, neither the | 2 | | Department of Public Health nor the Department of Agriculture | 3 | | nor the health department of a unit of local government may | 4 | | regulate the service of food by a cottage food operation | 5 | | providing that all of the following conditions are met: | 6 | | (1) The food is a non-potentially hazardous food. | 7 | | (2) The food is to be sold at a farmers' market or | 8 | | community event. | 9 | | (3) Gross receipts from the sale of food exempted under | 10 | | this Section do not exceed $25,000 in a calendar year. | 11 | | (4) The food packaging conforms to the labeling | 12 | | requirements of the Illinois Food, Drug and Cosmetic Act | 13 | | and includes the following information on the label of each | 14 | | of its food products: | 15 | | (A) the name and address of the cottage food | 16 | | operation; | 17 | | (B) the common or usual name of the food product; | 18 | | (C) the ingredients of the food product, listed in | 19 | | descending order by predominance of weight shown with | 20 | | common or usual names; | 21 | | (D) the following phrase: "This product is | 22 | | homemade and not subject to state inspection."; and | 23 | | (E) the date the product was processed. | 24 | | (5) The name and residence of the person preparing and | 25 | | selling products as a cottage food operation is registered | 26 | | with the Department of Public Health and the Department of |
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| 1 | | Agriculture. No fees shall be charged for registration. | 2 | | (6) The person preparing and selling products as a | 3 | | cottage food operation has a Department of Public Health | 4 | | approved Food Service Sanitation Management Certificate. | 5 | | (c) Notwithstanding the provisions of subsection (b) of | 6 | | this Section, if the Department of Public Health has reason to | 7 | | believe that an imminent health hazard exists or a cottage food | 8 | | operation's product has been found to be misbranded, | 9 | | adulterated, or not in compliance with the exception for | 10 | | cottage food operations pursuant to this Section, then it may | 11 | | invoke cessation of sales until it deems that the situation has | 12 | | been addressed to the satisfaction of the Department. | 13 | | Section 10. The Sanitary Food Preparation Act is amended by | 14 | | changing Section 11 as follows:
| 15 | | (410 ILCS 650/11) (from Ch. 56 1/2, par. 77)
| 16 | | Sec. 11.
Except as hereinafter provided and as provided in | 17 | | Section 4 of the Food Handling Regulation Enforcement Act , the | 18 | | Department of Public
Health shall enforce this Act, and for | 19 | | that purpose it may at all times
enter every such building, | 20 | | room, basement, inclosure or premises
occupied or used or | 21 | | suspected of being occupied or used for the
production, | 22 | | preparation or manufacture for sale, or the storage, sale,
| 23 | | distribution or transportation of such food, to inspect the | 24 | | premises and
all utensils, fixtures, furniture and machinery |
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| 1 | | used as aforesaid; and
if upon inspection any such food | 2 | | producing or distribution
establishment, conveyance, or | 3 | | employer, employee, clerk, driver or other
person is found to | 4 | | be violating any of the provisions of this Act, or if
the | 5 | | production, preparation, manufacture, packing, storage, sale,
| 6 | | distribution or transportation of such food is being conducted | 7 | | in a
manner detrimental to the health of the employees and | 8 | | operatives, or to
the character or quality of the food therein | 9 | | being produced,
manufactured, packed, stored, sold, | 10 | | distributed or conveyed, the officer
or inspector making the | 11 | | inspection or examination shall report such
conditions and | 12 | | violations to the Department. The Department of
Agriculture | 13 | | shall have exclusive jurisdiction for the enforcement of
this | 14 | | Act insofar as it relates to establishments defined by Section | 15 | | 2.5
of "The Meat and Poultry Inspection Act", approved July
22, | 16 | | 1959, as heretofore or hereafter amended. The Department of
| 17 | | Agriculture or Department of Public Health, as the case may be, | 18 | | shall
thereupon issue a written order to the person, firm or | 19 | | corporation
responsible for the violation or condition | 20 | | aforesaid to abate such
condition or violation or to make such | 21 | | changes or improvements as may be
necessary to abate them, | 22 | | within such reasonable time as may be required.
Notice of the | 23 | | order may be served by delivering a copy thereof to the
person, | 24 | | firm or corporation, or by sending a copy thereof by registered
| 25 | | mail, and the receipt thereof through the post office shall be | 26 | | prima
facie evidence that notice of the order has been |
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| 1 | | received. Such person,
firm or corporation may appear in person | 2 | | or by attorney before the
Department of Agriculture or the | 3 | | Department of Public Health, as the
case may be, within the | 4 | | time limited in the order, and shall be given an
opportunity to | 5 | | be heard and to show why such order or instructions
should not | 6 | | be obeyed. The hearing shall be under such rules and
| 7 | | regulations as may be prescribed by the Department of | 8 | | Agriculture or the
Department of Public Health, as the case may | 9 | | be. If after such hearing
it appears that this Act has not been | 10 | | violated, the order shall be
rescinded. If it appears that this | 11 | | Act is being violated, and that the
person, firm or corporation | 12 | | notified is responsible therefor, the
previous order shall be | 13 | | confirmed or amended, as the facts shall
warrant, and shall | 14 | | thereupon be final, but such additional time as is
necessary | 15 | | may be granted within which to comply with the final order. If
| 16 | | such person, firm or corporation is not present or represented | 17 | | when such
final order is made, notice thereof shall be given as | 18 | | above provided. On
failure of the party or parties to comply | 19 | | with the first order of the
Department of Agriculture or the | 20 | | Department of Public Health, as the
case may be, within the | 21 | | time prescribed, when no hearing is demanded, or
upon failure | 22 | | to comply with the final order within the time specified,
the | 23 | | Department shall certify the facts to the State's Attorney of | 24 | | the
county in which such violation occurred, and such State's | 25 | | Attorney shall
proceed against the party or parties for the | 26 | | fines and penalties
provided by this Act, and also for the |
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| 1 | | abatement of the nuisance:
Provided, that the proceedings | 2 | | herein prescribed for the abatement of
nuisances as defined in | 3 | | this Act shall not in any manner relieve the
violator from | 4 | | prosecution in the first instance for every such
violation, nor | 5 | | from the penalties for such violation prescribed by
Section 13.
| 6 | | (Source: P.A. 81-1509.)
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