Full Text of HB2486 99th General Assembly
HB2486 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2486 Introduced 2/18/2015, by Rep. Michael W. Tryon SYNOPSIS AS INTRODUCED: |
| 410 ILCS 625/3.3 | | 410 ILCS 625/3.6 | | 410 ILCS 625/4 | |
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Amends the Food Handling Regulation Enforcement Act. Provides that a home kitchen operation does not include a person who produces or packages non-potentially hazardous baked goods for sale by a religious, charitable, or nonprofit organization for fundraising purposes. Adds additional requirements in order to qualify as a home kitchen operation. Makes changes concerning the jurisdiction of the local governing body over home kitchen operations. Defines a term. Removes a provision prohibiting certain types of jams and jellies from cottage food operations. Increases the gross receipt threshold of exempt food from $25,000 to $36,000. Allows the Department to adopt rules to implement the requirements of the amendatory Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning 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 changing Sections 3.3 and 4 and by renumbering and | 6 | | changing Section 3.4 as added by Public Act 98-643 as follows: | 7 | | (410 ILCS 625/3.3) | 8 | | Sec. 3.3. Farmers' markets. | 9 | | (a) The General Assembly finds as follows: | 10 | | (1) Farmers' markets, as defined in subsection (b) of | 11 | | this Section, provide not only a valuable marketplace for | 12 | | farmers and food artisans to sell their products directly | 13 | | to consumers, but also a place for consumers to access | 14 | | fresh fruits, vegetables, and other agricultural products. | 15 | | (2) Farmers' markets serve as a stimulator for local | 16 | | economies and for thousands of new businesses every year, | 17 | | allowing farmers to sell directly to consumers and capture | 18 | | the full retail value of their products. They have become | 19 | | important community institutions and have figured in the | 20 | | revitalization of downtown districts and rural | 21 | | communities. | 22 | | (3) Since 1999, the number of farmers' markets has | 23 | | tripled and new ones are being established every year. |
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| 1 | | There is a lack of consistent regulation from one county to | 2 | | the next, resulting in confusion and discrepancies between | 3 | | counties regarding how products may be sold. | 4 | | (4) In 1999, the Department of Public Health published | 5 | | Technical Information Bulletin/Food #30 in order to | 6 | | outline the food handling and sanitation guidelines | 7 | | required for farmers' markets, producer markets, and other | 8 | | outdoor food sales events. | 9 | | (5) While this bulletin was revised in 2010, there | 10 | | continues to be inconsistencies, confusion, and lack of | 11 | | awareness by consumers, farmers, markets, and local health | 12 | | authorities of required guidelines affecting farmers' | 13 | | markets from county to county. | 14 | | (b) For the purposes of this Section: | 15 | | "Department" means the Department of Public Health. | 16 | | "Director" means the Director of Public Health. | 17 | | "Farmers' market" means a common facility or area where the | 18 | | primary purpose is for farmers to gather to sell a variety of | 19 | | fresh fruits and vegetables and other locally produced farm and | 20 | | food products directly to consumers. | 21 | | (c) In order to facilitate the orderly and uniform | 22 | | statewide implementation of the standards established in the | 23 | | Department of Public Health's administrative rules for this | 24 | | Act, the Farmers' Market Task Force shall be formed by the | 25 | | Director to assist the Department in implementing statewide | 26 | | administrative regulations for farmers' markets. |
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| 1 | | (d)
This Act does not intend and shall not be construed to | 2 | | limit the power of counties, municipalities, and other local | 3 | | government units to regulate farmers' markets for the | 4 | | protection of the public health, safety, morals, and welfare, | 5 | | including, but not limited to, licensing requirements and time, | 6 | | place, and manner restrictions. This Act provides for a | 7 | | statewide scheme for the orderly and consistent interpretation | 8 | | of the Department of Public Health administrative rules | 9 | | pertaining to the safety of food and food products sold at | 10 | | farmers' markets. | 11 | | (e) The Farmers' Market Task Force shall consist of at | 12 | | least 24 members appointed within
60 days after the effective | 13 | | date of this Section. Task Force members shall consist of: | 14 | | (1) one person appointed by the President of the | 15 | | Senate; | 16 | | (2) one person appointed by the Minority Leader of the | 17 | | Senate; | 18 | | (3) one person appointed by the Speaker of the House of | 19 | | Representatives; | 20 | | (4) one person appointed by the Minority Leader of the | 21 | | House of Representatives; | 22 | | (5) the Director of Public Health or his or her | 23 | | designee; | 24 | | (6) the Director of Agriculture or his or her designee; | 25 | | (7) a representative of a general agricultural | 26 | | production association appointed by the Department of |
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| 1 | | Agriculture; | 2 | | (8) three representatives of local county public | 3 | | health departments appointed by the Director and selected | 4 | | from 3 different counties representing each of the | 5 | | northern, central, and southern portions of this State; | 6 | | (9) four members of the general public who are engaged | 7 | | in local farmers' markets appointed by the Director of | 8 | | Agriculture; | 9 | | (10) a representative of an association representing | 10 | | public health administrators appointed by the Director; | 11 | | (11) a representative of an organization of public | 12 | | health departments that serve the City of Chicago and the | 13 | | counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, | 14 | | Will, and Winnebago appointed by the Director; | 15 | | (12) a representative of a general public health | 16 | | association appointed by the Director; | 17 | | (13) the Director of Commerce and Economic Opportunity | 18 | | or his or her designee; | 19 | | (14) the Lieutenant Governor or his or her designee; | 20 | | and | 21 | | (15) five farmers who sell their farm products at | 22 | | farmers' markets appointed by the Lieutenant Governor or | 23 | | his or her designee. | 24 | | Task Force members' terms shall be for a period of 2 years, | 25 | | with ongoing appointments made according to the provisions of | 26 | | this Section. |
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| 1 | | (f) The Task Force shall be convened by the Director or his | 2 | | or her designee. Members shall elect a Task Force Chair and | 3 | | Co-Chair. | 4 | | (g) Meetings may be held via conference call, in person, or | 5 | | both. Three members of the Task Force may call a meeting as | 6 | | long as a 5-working-day notification is sent via mail, e-mail, | 7 | | or telephone call to each member of the Task Force. | 8 | | (h) Members of the Task Force shall serve without | 9 | | compensation. | 10 | | (i) The Task Force shall undertake a comprehensive and | 11 | | thorough review of the current Statutes and administrative | 12 | | rules that define which products and practices are permitted | 13 | | and which products and practices are not permitted at farmers' | 14 | | markets and to assist the Department in developing statewide | 15 | | administrative regulations for farmers' markets. | 16 | | (j) The Task Force shall advise the Department regarding | 17 | | the content of any administrative rules adopted under this | 18 | | Section and Sections 3.4, 3.5, and 4 this Act prior to adoption | 19 | | of the rules. Any administrative rules, except emergency rules | 20 | | adopted pursuant to Section 5-45 of the Illinois Administrative | 21 | | Procedure Act, adopted without obtaining the advice of the Task | 22 | | Force are null and void. If the Department fails to follow the | 23 | | advice of the Task Force, the Department shall, prior to | 24 | | adopting the rules, transmit a written explanation to the Task | 25 | | Force. If the Task Force, having been asked for its advice, | 26 | | fails to advise the Department within 90 days after receiving |
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| 1 | | the rules for review, the rules shall be considered to have | 2 | | been approved by the Task Force. | 3 | | (k) The Department of Public Health shall provide staffing | 4 | | support to the Task Force and shall help to prepare, print, and | 5 | | distribute all reports deemed necessary by the Task Force. | 6 | | (l) The Task Force may request assistance from any entity | 7 | | necessary or useful for the performance of its duties. The Task | 8 | | Force shall issue a report annually to the Secretary of the | 9 | | Senate and the Clerk of the House. | 10 | | (m) The following provisions shall apply concerning | 11 | | statewide farmers' market food safety guidelines: | 12 | | (1) The Director, in accordance with this Section, | 13 | | shall adopt administrative rules (as provided by the | 14 | | Illinois Administrative Procedure Act) for foods found at | 15 | | farmers' markets. | 16 | | (2) The rules and regulations described in this Act | 17 | | shall be consistently enforced by local health authorities | 18 | | throughout the State. | 19 | | (2.5) Notwithstanding any other provision of law | 20 | | except as provided in this Act, local public health | 21 | | departments and all other units of local government are | 22 | | prohibited from creating sanitation guidelines, rules, or | 23 | | regulations for farmers' markets that are more stringent | 24 | | than those farmers' market sanitation regulations | 25 | | contained in the administrative rules adopted by the | 26 | | Department for the purposes of implementing this Section |
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| 1 | | 3.3 and Sections 3.4, 3.5, and 4 of this Act. Except as | 2 | | provided for in Sections Section 3.4 and 4 of this Act, | 3 | | this Act does not intend and shall not be construed to | 4 | | limit the power of local health departments and other | 5 | | government units from requiring licensing and permits for | 6 | | the sale of commercial food products, processed food | 7 | | products, prepared foods, and potentially hazardous foods | 8 | | at farmers' markets or conducting related inspections and | 9 | | enforcement activities, so long as those permits and | 10 | | licenses do not include unreasonable fees or sanitation | 11 | | provisions and rules that are more stringent than those | 12 | | laid out in the administrative rules adopted by the | 13 | | Department for the purposes of implementing this Section | 14 | | 3.3 and Sections 3.4, 3.5, and 4 of this Act. | 15 | | (3) In the case of alleged non-compliance with the | 16 | | provisions described in this Act, local health departments | 17 | | shall issue written notices to vendors and market managers | 18 | | of any noncompliance issues. | 19 | | (4) Produce and food products coming within the scope | 20 | | of the provisions of this Act shall include, but not be | 21 | | limited to, raw agricultural products, including fresh | 22 | | fruits and vegetables; popcorn, grains, seeds, beans, and | 23 | | nuts that are whole, unprocessed, unpackaged, and | 24 | | unsprouted; fresh herb springs and dried herbs in bunches; | 25 | | baked goods sold at farmers' markets; cut fruits and | 26 | | vegetables; milk and cheese products; ice cream; syrups; |
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| 1 | | wild and cultivated mushrooms; apple cider and other fruit | 2 | | and vegetable juices; herb vinegar; garlic-in-oil; | 3 | | flavored oils; pickles, relishes, salsas, and other canned | 4 | | or jarred items; shell eggs; meat and poultry; fish; | 5 | | ready-to-eat foods; commercially produced prepackaged food | 6 | | products; and any additional items specified in the | 7 | | administrative rules adopted by the Department to | 8 | | implement Section 3.3 of this Act. | 9 | | (n) Local health department regulatory guidelines may be | 10 | | applied to foods not often found at farmers' markets, all other | 11 | | food products not regulated by the Department of Agriculture | 12 | | and the Department of Public Health, as well as live animals to | 13 | | be sold at farmers' markets. | 14 | | (o) The Task Force shall issue annual reports to the | 15 | | Secretary of the Senate and the Clerk of the House with | 16 | | recommendations for the development of administrative rules as | 17 | | specified. The first report shall be issued no later than | 18 | | December 31, 2012. | 19 | | (p) The Department of Public Health and the Department of | 20 | | Agriculture, in conjunction with the Task Force, shall adopt | 21 | | administrative rules necessary to implement, interpret, and | 22 | | make specific the provisions of this Act, including, but not | 23 | | limited to, rules concerning labels, sanitation, and food | 24 | | product safety according to the realms of their jurisdiction in | 25 | | accordance with subsection (j) of this Section. The Task Force | 26 | | shall submit recommendations for administrative rules to the |
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| 1 | | Department no later than December 15, 2014.
| 2 | | (q) The Department and the Task Force shall work together | 3 | | to create a food sampling training and license program as | 4 | | specified in Section 3.4 of this Act. | 5 | | (Source: P.A. 97-394, eff. 8-16-11; 98-660, eff. 6-23-14.) | 6 | | (410 ILCS 625/3.6) | 7 | | Sec. 3.6 3.4 . Home kitchen operation. | 8 | | (a) For the purpose of this Section, "home kitchen | 9 | | operation" means a person who produces or packages | 10 | | non-potentially hazardous baked goods food in a kitchen of that | 11 | | person's primary domestic residence for direct sale by the | 12 | | owner or a family member . As used in this Section, "baked good" | 13 | | has the meaning given to that term under subparagraph (C) of | 14 | | paragraph (1) of subsection (b) of Section 4 of this Act. A | 15 | | home kitchen operation does not include a person who produces | 16 | | or packages non-potentially hazardous baked goods for sale by a | 17 | | religious, charitable, or nonprofit organization for | 18 | | fundraising purposes; the production or packaging of | 19 | | non-potentially hazardous baked goods for these purposes is | 20 | | exempt from the requirements of this Act , or for sale by a | 21 | | religious, charitable, or nonprofit organization, stored in | 22 | | the residence where the food is made . The following conditions | 23 | | must be met in order to qualify as a home kitchen operation: | 24 | | (1) Monthly gross sales do not exceed $1,000. | 25 | | (2) The food is not a non-potentially potentially |
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| 1 | | hazardous baked good food , as described defined in Section | 2 | | 4 of this Act. | 3 | | (3) A notice is provided to the purchaser that the | 4 | | product was produced in a home kitchen. | 5 | | (4) The food package is affixed with a label that | 6 | | includes: | 7 | | (i) the common or usual name of the food product; | 8 | | and | 9 | | (ii) allergen labeling as specified in federal | 10 | | labeling requirements by the United States Food and | 11 | | Drug Administration. | 12 | | (5) The food is sold directly to the consumer. | 13 | | (6) The food is stored in the residence where it is | 14 | | produced or packaged. | 15 | | (b) The Department of Public Health or the health | 16 | | department of a unit of local government may inspect a home | 17 | | kitchen operation in the event of a complaint or disease | 18 | | outbreak. | 19 | | (c) The requirements of this This Section apply applies | 20 | | only to a home kitchen operation located in a municipality, | 21 | | township, or county where the local governing body having the | 22 | | jurisdiction to enforce this Act or the rules adopted under | 23 | | this Act has adopted an ordinance authorizing home kitchen | 24 | | operations the direct sale of baked goods as described in | 25 | | Section 4 of this Act .
| 26 | | (Source: P.A. 98-643, eff. 6-10-14; revised 10-20-14.) |
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| 1 | | (410 ILCS 625/4) | 2 | | Sec. 4. Cottage food operation. | 3 | | (a) For the purpose of this Section: | 4 | | "Cottage food operation" means an operation conducted by a | 5 | | person who produces or packages non-potentially hazardous food | 6 | | in a kitchen located in that person's primary domestic | 7 | | residence or another appropriately designed and equipped | 8 | | residential or commercial-style kitchen on that property for | 9 | | direct sale by the owner , or a family member, or employee | 10 | | stored in the residence or appropriately designed and equipped | 11 | | residential or commercial-style kitchen on that property where | 12 | | the food is made. | 13 | | "Department" means the Department of Public Health. | 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
| 17 | | consumers. | 18 | | "Main ingredient" means an agricultural product that is the | 19 | | defining or distinctive ingredient in a cottage food product, | 20 | | though not necessarily by predominance of weight. | 21 | | "Potentially hazardous food" means a food that is | 22 | | potentially hazardous according to the Department's | 23 | | administrative rules. Potentially hazardous food (PHF) in | 24 | | general means a food that requires time and temperature control | 25 | | for safety (TCS) to limit pathogenic microorganism growth or |
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| 1 | | toxin formation. | 2 | | (b) Notwithstanding any other provision of law and except | 3 | | as provided in subsections (c) , and (d) , and (e) of this | 4 | | Section, neither the Department nor the Department of | 5 | | Agriculture nor the health department of a unit of local | 6 | | government may regulate the service of food by a cottage food | 7 | | operation providing that all of the following conditions are | 8 | | met: | 9 | | (1) The food is not a non-potentially potentially | 10 | | hazardous baked good, jam, jelly, preserve, fruit butter, | 11 | | dry herb, dry herb blend, or dry tea blend , or similar | 12 | | product as adopted and specified by Department rules | 13 | | pursuant to subsection (e) of this Section, and is intended | 14 | | for end-use only. The following provisions shall apply: | 15 | | (A) The following jams, jellies and preserves are | 16 | | allowed: apple, apricot, grape, peach, plum, quince, | 17 | | orange, nectarine, tangerine, blackberry, raspberry, | 18 | | blueberry, boysenberry, cherry, cranberry, strawberry, | 19 | | red currants, or a combination of these fruits. | 20 | | Rhubarb, tomato, and pepper jellies or jams are not | 21 | | allowed. Any other jams, jellies, or preserves not | 22 | | listed may be produced by a cottage food operation | 23 | | provided their recipe has been tested and documented by | 24 | | a commercial laboratory, at the expense of the cottage | 25 | | food operation, as being not potentially hazardous, | 26 | | containing a pH equilibrium of less than 4.6 or has |
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| 1 | | been specified and adopted as allowed in | 2 | | administrative rules by the Department pursuant to | 3 | | subsection (e) of this Section . | 4 | | (B) The following fruit butters are allowed: | 5 | | apple, apricot, grape, peach, plum, quince, and prune. | 6 | | Pumpkin butter, banana butter, and pear butter are not | 7 | | allowed. Fruit butters not listed may be produced by a | 8 | | cottage food operation provided their recipe has been | 9 | | tested and documented by a commercial laboratory, at | 10 | | the expense of the cottage food operation, as being not | 11 | | potentially hazardous, containing a pH equilibrium of | 12 | | less than 4.6 or has been specified and adopted as | 13 | | allowed in administrative rules by the Department | 14 | | pursuant to subsection (e) of this Section . | 15 | | (C) Baked goods, such as, but not limited to, | 16 | | breads, cookies, cakes, pies, and pastries are | 17 | | allowed. Only high-acid fruit pies that use the | 18 | | following fruits are allowed: apple, apricot, grape, | 19 | | peach, plum, quince, orange, nectarine, tangerine, | 20 | | blackberry, raspberry, blueberry, boysenberry, cherry, | 21 | | cranberry, strawberry, red currants or a combination | 22 | | of these fruits. Fruit pies not listed may be produced | 23 | | by a cottage food operation provided their recipe has | 24 | | been tested and documented by a commercial laboratory, | 25 | | at the expense of the cottage food operation, as being | 26 | | not potentially hazardous, containing a pH equilibrium |
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| 1 | | of less than 4.6 or has been specified and adopted as | 2 | | allowed in administrative rules by the Department | 3 | | pursuant to subsection (e) of this Section . The | 4 | | following are potentially hazardous and prohibited | 5 | | from production and sale by a cottage food operation: | 6 | | pumpkin pie, sweet potato pie, cheesecake, custard | 7 | | pies, creme pies, and pastries with potentially | 8 | | hazardous fillings or toppings. | 9 | | (2) The food is to be sold at a farmers' market , with | 10 | | the exception that cottage foods that have a locally grown | 11 | | agricultural product as the main ingredient may be sold on | 12 | | the farm where the agricultural product is grown or | 13 | | delivered directly to the consumer . | 14 | | (3) Gross receipts from the sale of food exempted under | 15 | | this Section do not exceed $36,000 $25,000 in a calendar | 16 | | year. | 17 | | (4) The food packaging conforms to the labeling | 18 | | requirements of the Illinois Food, Drug and Cosmetic Act | 19 | | and includes the following information on the label of each | 20 | | of its products: | 21 | | (A) the name and address of the cottage food | 22 | | operation; | 23 | | (B) the common or usual name of the food product; | 24 | | (C) all ingredients of the food product, including | 25 | | any colors, artificial flavors, and preservatives, | 26 | | listed in descending order by predominance of weight |
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| 1 | | shown with common or usual names; | 2 | | (D) the following phrase: "This product was | 3 | | produced in a home kitchen not subject to public health | 4 | | inspection that may also process common food | 5 | | allergens."; | 6 | | (E) the date the product was processed; and | 7 | | (F) allergen labeling as specified in federal | 8 | | labeling requirements. | 9 | | (5) The name and residence of the person preparing and | 10 | | selling products as a cottage food operation is registered | 11 | | with the health department of a unit of local government | 12 | | where the cottage food operation resides. No fees shall be | 13 | | charged for registration. Registration shall be for a | 14 | | minimum period of one year. | 15 | | (6) The person preparing or packaging and selling | 16 | | products as a cottage food operation has a Department | 17 | | approved Food Service Sanitation Management Certificate. | 18 | | (7) At the point of sale a placard is displayed in a | 19 | | prominent location that states the following: "This | 20 | | product was produced in a home kitchen not subject to | 21 | | public health inspection that may also process common food | 22 | | allergens.". | 23 | | (c) Notwithstanding the provisions of subsection (b) of | 24 | | this Section, if the Department or the health department of a | 25 | | unit of local government has received a consumer complaint or | 26 | | has reason to believe that an imminent health hazard exists or |
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| 1 | | that a cottage food operation's product has been found to be | 2 | | misbranded, adulterated, or not in compliance with the | 3 | | exception for cottage food operations pursuant to this Section, | 4 | | then it may invoke cessation of sales until it deems that the | 5 | | situation has been addressed to the satisfaction of the | 6 | | Department. | 7 | | (d) Notwithstanding the provisions of subsection (b) of | 8 | | this Section, a State-certified local public health department | 9 | | may, upon providing a written statement to the Department, | 10 | | regulate the service of food by a cottage food operation. The | 11 | | regulation by a State-certified local public health department | 12 | | may include all of the following requirements: | 13 | | (1) That the cottage food operation (A) register with | 14 | | the State-certified local public health department, which | 15 | | shall be for a minimum of one year and include a reasonable | 16 | | fee set by the State-certified local public health | 17 | | department that is no greater than $25 notwithstanding | 18 | | paragraph (5) of subsection (b) of this Section and (B) | 19 | | agree in writing at the time of registration to grant | 20 | | access to the State-certified local public health | 21 | | department to conduct an inspection of the cottage food | 22 | | operation's primary domestic residence in the event of a | 23 | | consumer complaint or foodborne illness outbreak. | 24 | | (2) That in the event of a consumer complaint or | 25 | | foodborne illness outbreak the State-certified local | 26 | | public health department is allowed to (A) inspect the |
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| 1 | | premises of the cottage food operation in question and (B) | 2 | | set a reasonable fee for that inspection.
| 3 | | (e) The Department may adopt rules as may be necessary to | 4 | | implement the provisions of this Section. | 5 | | (Source: P.A. 97-393, eff. 1-1-12; 98-660, eff. 6-23-14.)
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