Full Text of SB0825 98th General Assembly
SB0825sam001 98TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 3/21/2014
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| 1 | | AMENDMENT TO SENATE BILL 825
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 825 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Food Handling Regulation Enforcement Act is | 5 | | amended 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 | | "Cottage food operation" means a person who produces or | 10 | | packages non-potentially hazardous food in a kitchen of that | 11 | | person's primary domestic residence for direct sale by the | 12 | | owner or a family member, stored in the residence where the | 13 | | food is made. | 14 | | "Farmers' market" means a common facility or area where
| 15 | | farmers gather to sell a variety of fresh fruits and vegetables
| 16 | | and other locally produced farm and food products directly to
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| 1 | | consumers. | 2 | | "Potentially hazardous food" means a food that is | 3 | | potentially hazardous according to the Federal Food and Drug | 4 | | Administration 2009 Food Code (FDA 2009 Food Code) or any | 5 | | subsequent amendments to the FDA 2009 Food Code. Potentially | 6 | | hazardous food (PHF) in general means a food that requires time | 7 | | and temperature control for safety (TCS) to limit pathogenic | 8 | | microorganism growth or toxin formation. In accordance with the | 9 | | FDA 2009 Food Code, potentially hazardous food does not include | 10 | | a food item that because of its pH or Aw value, or interaction | 11 | | of Aw and pH values, is designated as a non-PHF/non-TCS food in | 12 | | Table A or B of the FDA 2009 Food Code's potentially hazardous | 13 | | food definition. | 14 | | (b) Notwithstanding any other provision of law and except | 15 | | as provided in subsections (c) and (d) of this Section, neither | 16 | | the Department of Public Health nor the Department of | 17 | | Agriculture nor the health department of a unit of local | 18 | | government may regulate the service of food by a cottage food | 19 | | operation providing that all of the following conditions are | 20 | | met: | 21 | | (1) The food is not a potentially hazardous baked good, | 22 | | jam, jelly, preserve, fruit butter, dry herb, dry herb | 23 | | blend, or dry tea blend and is intended for end-use only. | 24 | | The following provisions shall apply: | 25 | | (A) The following jams, jellies and preserves are | 26 | | allowed: apple, apricot, grape, peach, plum, quince, |
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| 1 | | orange, nectarine, tangerine, blackberry, raspberry, | 2 | | blueberry, boysenberry, cherry, cranberry, strawberry, | 3 | | red currants, or a combination of these fruits. | 4 | | Rhubarb, tomato, and pepper jellies or jams are not | 5 | | allowed. Any other jams, jellies, or preserves not | 6 | | listed may be produced by a cottage food operation | 7 | | provided their recipe has been tested and documented by | 8 | | a commercial laboratory, at the expense of the cottage | 9 | | food operation, as being not potentially hazardous, | 10 | | containing a pH equilibrium of less than 4.6. | 11 | | (B) The following fruit butters are allowed: | 12 | | apple, apricot, grape, peach, plum, quince, and prune. | 13 | | Pumpkin butter, banana butter, and pear butter are not | 14 | | allowed. Fruit butters not listed may be produced by a | 15 | | cottage food operation provided their recipe has been | 16 | | tested and documented by a commercial laboratory, at | 17 | | the expense of the cottage food operation, as being not | 18 | | potentially hazardous, containing a pH equilibrium of | 19 | | less than 4.6. | 20 | | (C) Baked goods, such as, but not limited to, | 21 | | breads, cookies, cakes, pies, and pastries are | 22 | | allowed. Only high-acid fruit pies that use the | 23 | | following fruits are allowed: apple, apricot, grape, | 24 | | peach, plum, quince, orange, nectarine, tangerine, | 25 | | blackberry, raspberry, blueberry, boysenberry, cherry, | 26 | | cranberry, strawberry, red currants or a combination |
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| 1 | | of these fruits. Fruit pies not listed may be produced | 2 | | by a cottage food operation provided their recipe has | 3 | | been tested and documented by a commercial laboratory, | 4 | | at the expense of the cottage food operation, as being | 5 | | not potentially hazardous, containing a pH equilibrium | 6 | | of less than 4.6. The following are potentially | 7 | | hazardous and prohibited from production and sale by a | 8 | | cottage food operation: pumpkin pie, sweet potato pie, | 9 | | cheesecake, custard pies, creme pies, and pastries | 10 | | with potentially hazardous fillings or toppings. | 11 | | (2) The food is to be sold at a farmers' market or in | 12 | | the home where it is prepared . | 13 | | (3) Gross receipts from the sale of food exempted under | 14 | | this Section do not exceed $25,000 in a calendar year. | 15 | | (4) The food packaging conforms to the labeling | 16 | | requirements of the Illinois Food, Drug and Cosmetic Act | 17 | | and includes the following information on the label of each | 18 | | of its products: | 19 | | (A) the name and address of the cottage food | 20 | | operation; | 21 | | (B) the common or usual name of the food product; | 22 | | (C) all ingredients of the food product, including | 23 | | any colors, artificial flavors, and preservatives, | 24 | | listed in descending order by predominance of weight | 25 | | shown with common or usual names; | 26 | | (D) the following phrase: "This product was |
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| 1 | | produced in a home kitchen not subject to public health | 2 | | inspection that may also process common food | 3 | | allergens."; | 4 | | (E) the date the product was processed; and | 5 | | (F) allergen labeling as specified in federal | 6 | | labeling requirements. | 7 | | (5) The name and residence of the person preparing and | 8 | | selling products as a cottage food operation is registered | 9 | | with the health department of a unit of local government | 10 | | where the cottage food operation resides. No fees shall be | 11 | | charged for registration. | 12 | | (6) The person preparing and selling products as a | 13 | | cottage food operation has a Department of Public Health | 14 | | approved Food Service Sanitation Management Certificate. | 15 | | (7) At the point of sale a placard is displayed in a | 16 | | prominent location that states the following: "This | 17 | | product was produced in a home kitchen not subject to | 18 | | public health inspection that may also process common food | 19 | | allergens.". | 20 | | (c) Notwithstanding the provisions of subsection (b) of | 21 | | this Section, if the Department of Public Health or the health | 22 | | department of a unit of local government has received a | 23 | | consumer complaint or has reason to believe that an imminent | 24 | | health hazard exists or that a cottage food operation's product | 25 | | has been found to be misbranded, adulterated, or not in | 26 | | compliance with the exception for cottage food operations |
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| 1 | | pursuant to this Section, then it may invoke cessation of sales | 2 | | until it deems that the situation has been addressed to the | 3 | | satisfaction of the Department. | 4 | | (d) Notwithstanding the provisions of subsection (b) of | 5 | | this Section, a State-certified local public health department | 6 | | may, upon providing a written statement to the Department of | 7 | | Public Health, regulate the service of food by a cottage food | 8 | | operation. The regulation by a State-certified local public | 9 | | health department may include all of the following | 10 | | requirements: | 11 | | (1) That the cottage food operation (A) register with | 12 | | the State-certified local public health department, which | 13 | | may include a reasonable fee set by the State-certified | 14 | | local public health department notwithstanding paragraph | 15 | | (5) of subsection (b) of this Section and (B) agree in | 16 | | writing at the time of registration to grant access to the | 17 | | State-certified local public health department to conduct | 18 | | an inspection of the cottage food operation's primary | 19 | | domestic residence in the event of a consumer complaint or | 20 | | foodborne illness outbreak. | 21 | | (2) That in the event of a consumer complaint or | 22 | | foodborne illness outbreak the State-certified local | 23 | | public health department is allowed to (A) inspect the | 24 | | premises of the cottage food operation in question and (B) | 25 | | set a reasonable fee for that inspection.
| 26 | | (Source: P.A. 97-393, eff. 1-1-12.)".
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