Illinois General Assembly - Full Text of SB2007
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Full Text of SB2007  102nd General Assembly

SB2007 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2007

 

Introduced 2/26/2021, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 625/4
410 ILCS 625/3.6 rep.

    Amends the Food Handling Regulation Enforcement Act. In provisions regarding cottage food operations: makes changes to definitions; requires cottage food operations to comply with specified requirements (rather than providing that specified entities may regulate the transaction of food or drink by a cottage food operation if the requirements are met); adds requirements for the sale of low-acid canned foods and fermented or acidified foods; provides that food and drink produced by a cottage food operation shall be sold directly to consumers for their own consumption and not for resale; removes language requiring State-certified local public health departments to regulate the service of food by a cottage food operation and allowing them to require a cottage food operation to submit specified canned foods to a commercial laboratory to verify specified information; requires local health departments to register eligible cottage food operations and issue certificates of registration; adds an exemption for a person who produces or packages a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes; preempts home rule; and makes other changes. Repeals provisions regarding home kitchen operations.


LRB102 12761 CPF 18100 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2007LRB102 12761 CPF 18100 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Food Handling Regulation Enforcement Act is
5amended 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    A food is "acidified" if: (i) acid or acid ingredients are
10added to it to produce a final equilibrium pH of 4.6 or below;
11or (ii) it is fermented to produce a final equilibrium pH of
124.6 or below.
13    "Canned food" means food preserved in air-tight,
14vacuum-sealed containers that has been are heat processed
15sufficiently under United States Department of Agriculture
16guidelines to enable storing the food at normal home
17temperatures.
18    "Cottage food operation" means an operation conducted by a
19person who produces or packages food or drink, other than
20foods and drinks listed as prohibited in paragraph (1) (1.5)
21of subsection (b) of this Section, in a kitchen located in that
22person's primary domestic residence or another appropriately
23designed and equipped kitchen on a farm residential or

 

 

SB2007- 2 -LRB102 12761 CPF 18100 b

1commercial-style kitchen on that property for direct sale by
2the owner, a family member, or employee.
3    "Cut leafy greens" means fresh leafy greens whose leaves
4have been cut, shredded, sliced, chopped, or torn. "Cut leafy
5greens" does not mean cut-to-harvest leafy greens.
6    "Department" means the Department of Public Health.
7    "Equilibrium pH" means the final potential of hydrogen
8measured in an acidified food after all the components of the
9food have achieved the same acidity.
10    "Farmers' market" means a common facility or area where
11farmers gather to sell a variety of fresh fruits and
12vegetables and other locally produced farm and food products
13directly to consumers.
14    "Hot fill and hold method" means a method under which food
15has been heat processed sufficiently under United States
16Department of Agriculture guidelines to enable storing the
17food at normal home temperatures.
18    "Leafy greens" includes iceberg lettuce; romaine lettuce;
19leaf lettuce; butter lettuce; baby leaf lettuce, such as
20immature lettuce or leafy greens; escarole; endive; spring
21mix; spinach; cabbage; kale; arugula; and chard. "Leafy
22greens" does not include microgreens or herbs such as cilantro
23or parsley.
24    "Local health department" means the State-certified health
25department of a unit of local government in which a cottage
26food operation is located.

 

 

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1    "Low-acid canned food" means any canned food with a
2finished equilibrium pH greater than 4.6 and a water activity
3(aw) greater than 0.85.
4    "Main ingredient" means an agricultural product that is
5the defining or distinctive ingredient in a cottage food
6product, though not necessarily by predominance of weight.
7    "Microgreen" means an edible plant seedling grown in soil
8or substrate and harvested above the soil or substrate line.
9    "Potentially hazardous food" means a food that is
10potentially hazardous according to the Department's
11administrative rules. Potentially hazardous food (PHF) in
12general means a food that requires time and temperature
13control for safety (TCS) to limit pathogenic microorganism
14growth or toxin formation.
15    "Sprout" means any seedling intended for human consumption
16that was produced in a manner that does not meet the definition
17of microgreen.
18    (b) (1) Notwithstanding any other provision of law and
19except as provided in subsections (c), (d), and (e) of this
20Section, neither the Department nor the Department of
21Agriculture nor the health department of a unit of local
22government may regulate the transaction of food or drink by a
23cottage food operation providing that all of the following
24conditions are met: (1) (Blank). (1.5) A cottage food
25operation may produce homemade food and drink. A However, a
26cottage food operation, unless properly licensed, certified,

 

 

SB2007- 4 -LRB102 12761 CPF 18100 b

1and compliant with all requirements to sell a listed food item
2under the laws and regulations pertinent to that food item,
3shall not sell or offer to sell the following food items or
4processed foods containing the following food items, except as
5indicated:
6            (A) meat, poultry, fish, seafood, or shellfish;
7            (B) dairy, except as an ingredient in a
8        non-potentially hazardous food, such as a baked good
9        or candy, such as caramel, subject to paragraph (4),
10        or as an ingredient in a baked good frosting, such as
11        buttercream (1.8);
12            (C) eggs, except as an ingredient in a
13        non-potentially hazardous hazardous food, including
14        dry noodles, or as an ingredient in a baked good
15        frosting, such as buttercream, if the eggs are not
16        raw, baked good or in dry noodles;
17            (D) pumpkin pies, sweet potato pies, cheesecakes,
18        custard pies, creme pies, and pastries with
19        potentially hazardous fillings or toppings;
20            (E) garlic in oil or oil infused with garlic,
21        except if the garlic oil is acidified;
22            (F) canned foods, except for the following, which
23        may be canned only in Mason-style jars with new lids:
24                (i) fruit jams, fruit jellies, fruit
25            preserves, or fruit butters;
26                (ii) syrups;

 

 

SB2007- 5 -LRB102 12761 CPF 18100 b

1                (iii) whole or cut fruit canned in syrup;
2                (iv) acidified fruit or vegetables prepared
3            and offered for sale in compliance with paragraph
4            (1.6); and
5                (v) condiments such as prepared mustard,
6            horseradish, or ketchup that do not contain
7            ingredients prohibited under this Section and that
8            are prepared and offered for sale in compliance
9            with paragraph (1.6);
10            (F) low-acid canned foods such as vegetables,
11        dried beans, and vegetable soups; a low-acid canned
12        food containing fermented or acidified food that is
13        offered for sale must comply with paragraph (3); a
14        low-acid canned food containing tomatoes or canned
15        products containing tomatoes that is offered for sale
16        must comply with paragraph (2);
17            (G) sprouts;
18            (H) cut leafy greens, except for cut leafy greens
19        that are dehydrated, acidified, or blanched and
20        frozen;
21            (I) cut or pureed fresh tomato or melon;
22            (J) dehydrated tomato or melon;
23            (K) frozen cut melon;
24            (L) wild-harvested, non-cultivated mushrooms;
25            (M) alcoholic beverages; or
26            (N) kombucha.

 

 

SB2007- 6 -LRB102 12761 CPF 18100 b

1        (2) (1.6) In order to sell canned tomatoes or a canned
2    product containing tomatoes, a cottage food operator shall
3    either:
4            (A) follow exactly a recipe that has been tested
5        by the United States Department of Agriculture or by a
6        state cooperative extension located in this State or
7        any other state in the United States; or
8            (B) submit the recipe, at the cottage food
9        operator's expense, to a commercial laboratory
10        according to the commercial laboratory's direction to
11        test that the product has been adequately acidified;
12        use only the varietal or proportionate varietals of
13        tomato included in the tested recipe for all
14        subsequent batches of such recipe; and provide
15        documentation of the test results of the recipe
16        submitted under this subparagraph to an inspector upon
17        request during any inspection authorized by paragraph
18        (2) of subsection (d).
19        (1.7) A State-certified local public health department
20    that regulates the service of food by a cottage food
21    operation in accordance with subsection (d) of this
22    Section may require a cottage food operation to submit a
23    canned food that is subject to paragraph (1.6), at the
24    cottage food operator's expense, to a commercial
25    laboratory to verify that the product has a final
26    equilibrium pH of 4.6 or below.

 

 

SB2007- 7 -LRB102 12761 CPF 18100 b

1        (3) In order to sell a fermented or acidified food, a
2    local health department may require a cottage food
3    operation to submit one of the following for each unique
4    product:
5            (A) a recipe that has been tested by the United
6        States Department of Agriculture or a Cooperative
7        Extension System located in this State or any other
8        state in the United States; or
9            (B) the results of a pH test from a commercial
10        laboratory to verify that the product has been
11        adequately acidified; if a test is requested it must
12        be conducted at the operator's expense.
13        A fermented or acidified food shall be packaged
14    according to one of the following standards:
15            (A) Canned acidified and fermented foods must be
16        canned in mason-style jars with new lids.
17            (B) Acidified and fermented foods that undergo the
18        hot fill and hold method shall be sold in any container
19        with a tight-fitting lid that is new and clean.
20            (C) Acidified and fermented foods that are not
21        hot-packed or canned shall be sold in any container
22        that is new, clean, and seals properly and must be
23        stored, transported, and sold at or below 41 degrees.
24        (4) (1.8) A State-certified local public health
25    department that regulates the service of food by a cottage
26    food operation in accordance with subsection (d) of this

 

 

SB2007- 8 -LRB102 12761 CPF 18100 b

1    Section may require a cottage food operation to submit a
2    recipe for any baked good containing cheese, at the
3    cottage food operator's expense, to a commercial
4    laboratory to verify that it is non-potentially hazardous
5    before allowing the cottage food operation to sell the
6    baked good as a cottage food.
7        (5) The food and drink produced by a cottage food
8    operation shall be sold directly to consumers for their
9    own consumption and not for resale. Sales directly to
10    consumers include, but are not limited to: sales at
11    farmers' markets, fairs, festivals, or public events or
12    online; pickup from the private home or farm of the
13    cottage food operator if not prohibited by laws of the
14    unit of local government that apply equally to all
15    home-based businesses; delivery to the customer; or pickup
16    from a private property with the consent of the property
17    holder. Cottage food products shall not be shipped out of
18    State.
19        (6) For cottage food operations that are not utilizing
20    municipal water supplies, such as operations using private
21    wells, a local health department may require a water
22    sample test to verify that the water source being used
23    meets public safety standards. If a test is requested, it
24    must be conducted at the operator's expense.
25        (2) The food is to be sold at a farmers' market, with
26    the exception that cottage foods that have a locally grown

 

 

SB2007- 9 -LRB102 12761 CPF 18100 b

1    agricultural product as the main ingredient may be sold on
2    the farm where the agricultural product is grown or
3    delivered directly to the consumer.
4        (3) (Blank).
5        (7) The food packaging must conform to the labeling
6    requirements of the Illinois Food, Drug, and Cosmetic Act.
7    The food packaging shall be affixed with a prominent label
8    or, if the portion of food sold is not packaged
9    individually, other prominent written notice is provided
10    to the purchaser that includes: (4) The food packaging
11    conforms to the labeling requirements of the Illinois
12    Food, Drug and Cosmetic Act and includes the following
13    information on the label of each of its products:
14            (A) the name and address of the cottage food
15        operation;
16            (B) the identifying registration number provided
17        by the local health department on the certification of
18        registration and the name of the municipality or
19        county in which the registration was filed;
20            (C) (B) the common or usual name of the food
21        product;
22            (D) (C) all ingredients of the food product,
23        including any colors, artificial flavors, and
24        preservatives, listed in descending order by
25        predominance of weight shown with common or usual
26        names;

 

 

SB2007- 10 -LRB102 12761 CPF 18100 b

1            (E) (D) the following phrase in prominent
2        lettering: "This product was produced in a home
3        kitchen not subject to public health inspection that
4        may also process common food allergens.";
5            (F) (E) the date the product was processed; and
6            (G) (F) allergen labeling as specified in federal
7        labeling requirements.
8        (8) (5) The name and residence of the person preparing
9    and selling products as a cottage food operation must be
10    are registered with the local health department and the
11    certificate of registration must be available at the point
12    of sale. A cottage food operation is required to register
13    only with the local health department for the unit of
14    local government in which it is located, but may sell
15    products outside of the units of local government where
16    the cottage food operation is located. of a unit of local
17    government where the cottage food operation resides. No
18    fees shall be charged for registration. Registration shall
19    be for a minimum period of one year.
20        (9) (6) The person preparing or packaging products as
21    part of a cottage food operation must be a
22    Department-approved certified food protection manager has
23    a Department approved Food Service Sanitation Management
24    Certificate.
25        (10) (7) At the point of sale, notice must be provided
26    a placard is displayed in a prominent location that states

 

 

SB2007- 11 -LRB102 12761 CPF 18100 b

1    the following: "This product was produced in a home
2    kitchen not subject to public health inspection that may
3    also process common food allergens.". At a physical
4    display, notice shall be a placard. Online, notice shall
5    be a message on the cottage food operation's online sales
6    interface.
7    (b-5) A home rule unit may not regulate cottage food
8operations in a manner inconsistent with the regulation by the
9State of cottage food operations under this Section. This
10Section is a limitation under subsection (i) of Section 6 of
11Article VII of the Illinois Constitution on the concurrent
12exercise by home rule units of powers and functions exercised
13by the State.
14    (c) Notwithstanding the provisions of subsection (b) of
15this Section, if the Department or a local the health
16department of a unit of local government has received a
17consumer complaint or has reason to believe that an imminent
18health hazard exists or that a cottage food operation's
19product has been found to be misbranded, adulterated, or not
20in compliance with the exception for cottage food operations
21pursuant to this Section, then it may invoke cessation of
22sales of cottage food products until it deems that the
23situation has been addressed to the satisfaction of the
24Department or, if the situation is not amenable to being
25addressed, revoke the cottage food operation's registration
26following a process outlined by the Department.

 

 

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1    (d) A local health department shall register any eligible
2cottage food operation that meets the requirements of this
3Section and shall issue a certificate of registration with an
4identifying registration number to each registered cottage
5food operation. Registration shall be valid for one year and
6the local health department may impose a reasonable fee that
7is no greater than $25. The regulation by a local health
8department may include all of the following requirements:
9Notwithstanding the provisions of subsection (b) of this
10Section, a State-certified local public health department may,
11upon providing a written statement to the Department, regulate
12the service of food by a cottage food operation. The
13regulation by a State-certified local public health department
14may include all of the following requirements:
15        (1) That the cottage food operation (A) register with
16    the State-certified local public health department, which
17    shall be for a minimum of one year and include a reasonable
18    fee set by the State-certified local public health
19    department that is no greater than $25 notwithstanding
20    paragraph (5) of subsection (b) of this Section and (B)
21    agree in writing at the time of registration to grant
22    access to the State-certified local public health
23    department to conduct an inspection of the cottage food
24    operation's primary domestic residence in the event of a
25    consumer complaint or foodborne illness outbreak.
26        (2) That in the event of a consumer complaint or

 

 

SB2007- 13 -LRB102 12761 CPF 18100 b

1    foodborne illness outbreak the State-certified local
2    public health department is allowed to (A) inspect the
3    premises of the cottage food operation in question and (B)
4    set a reasonable fee for that inspection.
5    (e) A person who produces or packages a non-potentially
6hazardous baked good for sale by a religious, charitable, or
7nonprofit organization for fundraising purposes is exempt from
8the requirements of this Section.
9    (f) (e) The Department may adopt rules as may be necessary
10to implement the provisions of this Section.
11(Source: P.A. 100-35, eff. 1-1-18; 100-1069, eff. 8-24-18;
12101-81, eff. 7-12-19.)
 
13    (410 ILCS 625/3.6 rep.)
14    Section 10. The Food Handling Regulation Enforcement Act
15is amended by repealing Section 3.6.