Full Text of SB0457 100th General Assembly
SB0457sam001 100TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 457
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 457 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 | | "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 |
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| 1 | | person who produces or packages food or drink, other than foods | 2 | | and drinks listed as prohibited in paragraph (1.5) of | 3 | | subsection (b) of this Section, in a kitchen located in that | 4 | | person's primary domestic residence or another appropriately | 5 | | designed and equipped residential or commercial-style kitchen | 6 | | on that property for direct sale by the owner, a family member, | 7 | | or employee. | 8 | | "Cut leafy greens" means fresh leafy greens whose leaves | 9 | | have been cut, shredded, sliced, chopped, or torn. "Cut leafy | 10 | | greens" does not mean cut to harvest leafy greens. | 11 | | "Department" means the Department of Public Health. | 12 | | "Farmers' market" means a common facility or area where
| 13 | | farmers gather to sell a variety of fresh fruits and vegetables
| 14 | | and other locally produced farm and food products directly to
| 15 | | consumers. | 16 | | "Leafy greens" includes iceberg lettuce; romaine lettuce; | 17 | | leaf lettuce; butter lettuce; baby leaf lettuce, such as | 18 | | immature lettuce or leafy greens; escarole; endive; spring mix; | 19 | | spinach; cabbage; kale; arugula; and chard. "Leafy greens" does | 20 | | not include microgreens or herbs such as cilantro or parsley. | 21 | | "Main ingredient" means an agricultural product that is the | 22 | | defining or distinctive ingredient in a cottage food product, | 23 | | though not necessarily by predominance of weight. | 24 | | "Microgreen" means an edible plant seedling grown in soil | 25 | | or substrate and harvested above the soil or substrate line. | 26 | | "Potentially hazardous food" means a food that is |
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| 1 | | potentially hazardous according to the Department's | 2 | | administrative rules. Potentially hazardous food (PHF) in | 3 | | general means a food that requires time and temperature control | 4 | | for safety (TCS) to limit pathogenic microorganism growth or | 5 | | toxin formation. | 6 | | "Sprout" means any seedling intended for human consumption | 7 | | that was produced in a manner that does not meet the definition | 8 | | of microgreen. | 9 | | (b) Notwithstanding any other provision of law and except | 10 | | as provided in subsections (c), (d), and (e) of this Section, | 11 | | neither the Department nor the Department of Agriculture nor | 12 | | the health department of a unit of local government may | 13 | | regulate the transaction of food or drink by a cottage food | 14 | | operation providing that all of the following conditions are | 15 | | met: | 16 | | (1) (Blank). | 17 | | (1.5) A cottage food operation may produce homemade | 18 | | food and drink. However, a cottage food operation, unless | 19 | | properly licensed, certified, and compliant with all | 20 | | requirements to sell a listed food item under the laws and | 21 | | regulations pertinent to that food item, shall not sell or | 22 | | offer to sell the following food items or processed foods | 23 | | containing the following food items, except as indicated: | 24 | | (A) meat, poultry, fish, seafood, or shellfish; | 25 | | (B) dairy, except as an ingredient in a | 26 | | non-potentially hazardous baked good or candy, such as |
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| 1 | | caramel; | 2 | | (C) eggs, except as an ingredient in a | 3 | | non-potentially hazardous baked good or in dry | 4 | | noodles; | 5 | | (D) pumpkin pies, sweet potato pies, cheesecakes, | 6 | | custard pies, creme pies, and pastries with | 7 | | potentially hazardous fillings or toppings; | 8 | | (E) raw garlic in oil or oil infused with raw | 9 | | garlic, except if the raw garlic oil is acidified ; | 10 | | (F) canned foods, except for the following, which | 11 | | may be canned only in new jars or bottles with new | 12 | | lids: | 13 | | (i) fruit jams, fruit jellies, fruit | 14 | | preserves, or fruit butters ; , | 15 | | (ii) syrups; | 16 | | (iii) whole or cut fruit canned in syrup; and | 17 | | (iv) acidified fruit or vegetables prepared | 18 | | and offered for sale in compliance with paragraph | 19 | | (1.6) ; and | 20 | | (v) condiments such as prepared mustard, | 21 | | horseradish, or ketchup that do not contain | 22 | | ingredients prohibited under this Section and that | 23 | | are prepared and offered for sale in compliance | 24 | | with paragraph (1.6); | 25 | | (G) sprouts; | 26 | | (H) cut leafy greens, except for cut leafy greens |
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| 1 | | that are dehydrated , acidified, or blanched and | 2 | | frozen; | 3 | | (I) cut or pureed fresh tomato or melon; | 4 | | (J) dehydrated tomato or melon; | 5 | | (K) frozen cut melon; | 6 | | (L) wild-harvested, non-cultivated mushrooms; or | 7 | | (M) alcoholic beverages , except when trace amounts | 8 | | of alcohol are incidentally present in a beverage, such | 9 | | as kombucha, that is commonly sold without age | 10 | | restriction . | 11 | | (1.6) In order to sell canned tomatoes or a canned | 12 | | product containing tomatoes, a cottage food operator shall | 13 | | either: | 14 | | (A) follow exactly a recipe that has been tested by | 15 | | the United States Department of Agriculture or by a | 16 | | state cooperative extension located in this State or | 17 | | any other state in the United States; or | 18 | | (B) submit the recipe, at the cottage food | 19 | | operator's expense, to a commercial laboratory to test | 20 | | that the product has been adequately acidified; use | 21 | | only the varietal or proportionate varietals of tomato | 22 | | included in the tested recipe for all subsequent | 23 | | batches of such recipe; and provide documentation of | 24 | | the test results of the recipe submitted under this | 25 | | subparagraph to an inspector upon request during any | 26 | | inspection authorized by paragraph (2) of subsection |
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| 1 | | (d). | 2 | | (1.7) A State-certified local public health department | 3 | | that regulates the service of food by a cottage food | 4 | | operation in accordance with subsection (d) of this Section | 5 | | may require a cottage food operation to submit a recipe for | 6 | | any baked good containing cheese, at the cottage food | 7 | | operator's expense, to a commercial laboratory to verify | 8 | | that it is non-potentially hazardous before allowing the | 9 | | cottage food operation to sell the baked good as a cottage | 10 | | food. | 11 | | (2) The food is to be sold at a farmers' market, with | 12 | | the exception that cottage foods that have a locally grown | 13 | | agricultural product as the main ingredient may be sold on | 14 | | the farm where the agricultural product is grown or | 15 | | delivered directly to the consumer. | 16 | | (3) (Blank). | 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 products as a | 16 | | cottage food operation has a Department approved Food | 17 | | 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 of cottage food products | 5 | | until it deems that the situation has been addressed to the | 6 | | satisfaction of the 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. 99-191, eff. 1-1-16; 100-35, eff. 1-1-18 .)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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