Full Text of SB0457 100th General Assembly
SB0457eng 100TH GENERAL ASSEMBLY |
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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 Section 4 as follows: | 6 | | (410 ILCS 625/4) | 7 | | Sec. 4. Cottage food operation. | 8 | | (a) For the purpose of this Section: | 9 | | "Acidify" means to reduce the potential of hydrogen of a | 10 | | food to 4.6 or lower by means of pickling, fermenting, or | 11 | | adding an acidic ingredient, such as vinegar, citric acid, or | 12 | | citrus juice. | 13 | | "Canned food" means food processed and preserved in a new | 14 | | glass jar or bottle that has been sealed with a new lid by | 15 | | means of heat or pressure. | 16 | | "Cottage food operation" means an operation conducted by a | 17 | | person who produces or packages food or drink, other than foods | 18 | | and drinks listed as prohibited in paragraph (1.5) of | 19 | | subsection (b) of this Section, in a kitchen located in that | 20 | | person's primary domestic residence or another appropriately | 21 | | designed and equipped residential or commercial-style kitchen | 22 | | on that property for direct sale by the owner, a family member, | 23 | | or employee. |
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| 1 | | "Cut leafy greens" means fresh leafy greens whose leaves | 2 | | have been cut, shredded, sliced, chopped, or torn. "Cut leafy | 3 | | greens" does not mean cut to harvest leafy greens. | 4 | | "Department" means the Department of Public Health. | 5 | | "Farmers' market" means a common facility or area where
| 6 | | farmers gather to sell a variety of fresh fruits and vegetables
| 7 | | and other locally produced farm and food products directly to
| 8 | | consumers. | 9 | | "Leafy greens" includes iceberg lettuce; romaine lettuce; | 10 | | leaf lettuce; butter lettuce; baby leaf lettuce, such as | 11 | | immature lettuce or leafy greens; escarole; endive; spring mix; | 12 | | spinach; cabbage; kale; arugula; and chard. "Leafy greens" does | 13 | | not include microgreens or herbs such as cilantro or parsley. | 14 | | "Main ingredient" means an agricultural product that is the | 15 | | defining or distinctive ingredient in a cottage food product, | 16 | | though not necessarily by predominance of weight. | 17 | | "Microgreen" means an edible plant seedling grown in soil | 18 | | or substrate and harvested above the soil or substrate line. | 19 | | "Potentially hazardous food" means a food that is | 20 | | potentially hazardous according to the Department's | 21 | | administrative rules. Potentially hazardous food (PHF) in | 22 | | general means a food that requires time and temperature control | 23 | | for safety (TCS) to limit pathogenic microorganism growth or | 24 | | toxin formation. | 25 | | "Sprout" means any seedling intended for human consumption | 26 | | that was produced in a manner that does not meet the definition |
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| 1 | | of microgreen. | 2 | | (b) Notwithstanding any other provision of law and except | 3 | | as provided in subsections (c), (d), and (e) of this Section, | 4 | | neither the Department nor the Department of Agriculture nor | 5 | | the health department of a unit of local government may | 6 | | regulate the transaction of food or drink by a cottage food | 7 | | operation providing that all of the following conditions are | 8 | | met: | 9 | | (1) (Blank). | 10 | | (1.5) A cottage food operation may produce homemade | 11 | | food and drink. However, a cottage food operation, unless | 12 | | properly licensed, certified, and compliant with all | 13 | | requirements to sell a listed food item under the laws and | 14 | | regulations pertinent to that food item, shall not sell or | 15 | | offer to sell the following food items or processed foods | 16 | | containing the following food items, except as indicated: | 17 | | (A) meat, poultry, fish, seafood, or shellfish; | 18 | | (B) dairy, except as an ingredient in a | 19 | | non-potentially hazardous baked good or candy, such as | 20 | | caramel; | 21 | | (C) eggs, except as an ingredient in a | 22 | | non-potentially hazardous baked good or in dry | 23 | | noodles; | 24 | | (D) pumpkin pies, sweet potato pies, cheesecakes, | 25 | | custard pies, creme pies, and pastries with | 26 | | potentially hazardous fillings or toppings; |
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| 1 | | (E) raw garlic in oil or oil infused with raw | 2 | | garlic, except if the raw garlic oil is acidified ; | 3 | | (F) canned foods, except for the following, which | 4 | | may be canned only in new jars or bottles with new | 5 | | lids: | 6 | | (i) fruit jams, fruit jellies, fruit | 7 | | preserves, or fruit butters ; , | 8 | | (ii) syrups; | 9 | | (iii) whole or cut fruit canned in syrup; and | 10 | | (iv) acidified fruit or vegetables prepared | 11 | | and offered for sale in compliance with paragraph | 12 | | (1.6) ; and | 13 | | (v) condiments such as prepared mustard, | 14 | | horseradish, or ketchup that do not contain | 15 | | ingredients prohibited under this Section and that | 16 | | are prepared and offered for sale in compliance | 17 | | with paragraph (1.6); | 18 | | (G) sprouts; | 19 | | (H) cut leafy greens, except for cut leafy greens | 20 | | that are dehydrated , acidified, or blanched and | 21 | | frozen; | 22 | | (I) cut or pureed fresh tomato or melon; | 23 | | (J) dehydrated tomato or melon; | 24 | | (K) frozen cut melon; | 25 | | (L) wild-harvested, non-cultivated mushrooms; or | 26 | | (M) alcoholic beverages , except when trace amounts |
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| 1 | | of alcohol are incidentally present in a beverage, such | 2 | | as kombucha, that is commonly sold without age | 3 | | restriction . | 4 | | (1.6) In order to sell canned tomatoes or a canned | 5 | | product containing tomatoes, a cottage food operator shall | 6 | | either: | 7 | | (A) follow exactly a recipe that has been tested by | 8 | | the United States Department of Agriculture or by a | 9 | | state cooperative extension located in this State or | 10 | | any other state in the United States; or | 11 | | (B) submit the recipe, at the cottage food | 12 | | operator's expense, to a commercial laboratory to test | 13 | | that the product has been adequately acidified; use | 14 | | only the varietal or proportionate varietals of tomato | 15 | | included in the tested recipe for all subsequent | 16 | | batches of such recipe; and provide documentation of | 17 | | the test results of the recipe submitted under this | 18 | | subparagraph to an inspector upon request during any | 19 | | inspection authorized by paragraph (2) of subsection | 20 | | (d). | 21 | | (1.7) A State-certified local public health department | 22 | | that regulates the service of food by a cottage food | 23 | | operation in accordance with subsection (d) of this Section | 24 | | may require a cottage food operation to submit a recipe for | 25 | | any baked good containing cheese, at the cottage food | 26 | | operator's expense, to a commercial laboratory to verify |
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| 1 | | that it is non-potentially hazardous before allowing the | 2 | | cottage food operation to sell the baked good as a cottage | 3 | | food. | 4 | | (2) The food is to be sold at a farmers' market, with | 5 | | the exception that cottage foods that have a locally grown | 6 | | agricultural product as the main ingredient may be sold on | 7 | | the farm where the agricultural product is grown or | 8 | | delivered directly to the consumer. | 9 | | (3) (Blank). | 10 | | (4) The food packaging conforms to the labeling | 11 | | requirements of the Illinois Food, Drug and Cosmetic Act | 12 | | and includes the following information on the label of each | 13 | | of its products: | 14 | | (A) the name and address of the cottage food | 15 | | operation; | 16 | | (B) the common or usual name of the food product; | 17 | | (C) all ingredients of the food product, including | 18 | | any colors, artificial flavors, and preservatives, | 19 | | listed in descending order by predominance of weight | 20 | | shown with common or usual names; | 21 | | (D) the following phrase: "This product was | 22 | | produced in a home kitchen not subject to public health | 23 | | inspection that may also process common food | 24 | | allergens."; | 25 | | (E) the date the product was processed; and | 26 | | (F) allergen labeling as specified in federal |
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| 1 | | labeling requirements. | 2 | | (5) The name and residence of the person preparing and | 3 | | selling products as a cottage food operation is registered | 4 | | with the health department of a unit of local government | 5 | | where the cottage food operation resides. No fees shall be | 6 | | charged for registration. Registration shall be for a | 7 | | minimum period of one year. | 8 | | (6) The person preparing or packaging products as a | 9 | | cottage food operation has a Department approved Food | 10 | | Service Sanitation Management Certificate. | 11 | | (7) At the point of sale a placard is displayed in a | 12 | | prominent location that states the following: "This | 13 | | product was produced in a home kitchen not subject to | 14 | | public health inspection that may also process common food | 15 | | allergens.". | 16 | | (c) Notwithstanding the provisions of subsection (b) of | 17 | | this Section, if the Department or the health department of a | 18 | | unit of local government has received a consumer complaint or | 19 | | has reason to believe that an imminent health hazard exists or | 20 | | that a cottage food operation's product has been found to be | 21 | | misbranded, adulterated, or not in compliance with the | 22 | | exception for cottage food operations pursuant to this Section, | 23 | | then it may invoke cessation of sales of cottage food products | 24 | | until it deems that the situation has been addressed to the | 25 | | satisfaction of the Department. | 26 | | (d) Notwithstanding the provisions of subsection (b) of |
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| 1 | | this Section, a State-certified local public health department | 2 | | may, upon providing a written statement to the Department, | 3 | | regulate the service of food by a cottage food operation. The | 4 | | regulation by a State-certified local public health department | 5 | | may include all of the following requirements: | 6 | | (1) That the cottage food operation (A) register with | 7 | | the State-certified local public health department, which | 8 | | shall be for a minimum of one year and include a reasonable | 9 | | fee set by the State-certified local public health | 10 | | department that is no greater than $25 notwithstanding | 11 | | paragraph (5) of subsection (b) of this Section and (B) | 12 | | agree in writing at the time of registration to grant | 13 | | access to the State-certified local public health | 14 | | department to conduct an inspection of the cottage food | 15 | | operation's primary domestic residence in the event of a | 16 | | consumer complaint or foodborne illness outbreak. | 17 | | (2) That in the event of a consumer complaint or | 18 | | foodborne illness outbreak the State-certified local | 19 | | public health department is allowed to (A) inspect the | 20 | | premises of the cottage food operation in question and (B) | 21 | | set a reasonable fee for that inspection.
| 22 | | (e) The Department may adopt rules as may be necessary to | 23 | | implement the provisions of this Section. | 24 | | (Source: P.A. 99-191, eff. 1-1-16; 100-35, eff. 1-1-18 .)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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