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


Rep. Will Guzzardi

Filed: 5/12/2021





10200SB2007ham001LRB102 12761 CPF 26490 a


2    AMENDMENT NO. ______. Amend Senate Bill 2007 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Food Handling Regulation Enforcement Act
5is 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    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



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2    "Cottage food operation" means an operation conducted by a
3person who produces or packages food or drink, other than
4foods and drinks listed as prohibited in paragraph (1.5) of
5subsection (b) of this Section, in a kitchen located in that
6person's primary domestic residence or another appropriately
7designed and equipped kitchen on a farm residential or
8commercial-style kitchen on that property for direct sale by
9the owner, a family member, or employee.
10    "Cut leafy greens" means fresh leafy greens whose leaves
11have been cut, shredded, sliced, chopped, or torn. "Cut leafy
12greens" does not mean cut-to-harvest leafy greens.
13    "Department" means the Department of Public Health.
14    "Equilibrium pH" means the final potential of hydrogen
15measured in an acidified food after all the components of the
16food have achieved the same acidity.
17    "Farmers' market" means a common facility or area where
18farmers gather to sell a variety of fresh fruits and
19vegetables and other locally produced farm and food products
20directly to consumers.
21    "Leafy greens" includes iceberg lettuce; romaine lettuce;
22leaf lettuce; butter lettuce; baby leaf lettuce, such as
23immature lettuce or leafy greens; escarole; endive; spring
24mix; spinach; cabbage; kale; arugula; and chard. "Leafy
25greens" does not include microgreens or herbs such as cilantro
26or parsley.



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1    "Local health department" means a State-certified health
2department of a unit of local government in which a cottage
3food operation is located.
4    "Local public health department association" means an
5association solely representing 2 or more State-certified
6local health departments.
7    "Low-acid canned food" means any canned food with a
8finished equilibrium pH greater than 4.6 and a water activity
9(aw) greater than 0.85.
10    "Main ingredient" means an agricultural product that is
11the defining or distinctive ingredient in a cottage food
12product, though not necessarily by predominance of weight.
13    "Microgreen" means an edible plant seedling grown in soil
14or substrate and harvested above the soil or substrate line.
15    "Potentially hazardous food" means a food that is
16potentially hazardous according to the Department's
17administrative rules. Potentially hazardous food (PHF) in
18general means a food that requires time and temperature
19control for safety (TCS) to limit pathogenic microorganism
20growth or toxin formation.
21    "Sprout" means any seedling intended for human consumption
22that was produced in a manner that does not meet the definition
23of microgreen.
24    (b) A cottage food operation may produce homemade food and
25drink provided that all of the following conditions are met:
26Notwithstanding any other provision of law and except as



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1provided in subsections (c), (d), and (e) of this Section,
2neither the Department nor the Department of Agriculture nor
3the health department of a unit of local government may
4regulate the transaction of food or drink by a cottage food
5operation providing that all of the following conditions are
7        (1) (Blank).
8        (1.3) A cottage food operation must register with the
9    local health department for the unit of local government
10    in which it is located, but may sell products outside of
11    the unit of local government where the cottage food
12    operation is located. A copy of the certificate of
13    registration must be available upon request by any local
14    health department.
15        (1.5) A cottage food operation may produce homemade
16    food and drink. However, a cottage food operation, unless
17    properly licensed, certified, and compliant with all
18    requirements to sell a listed food item under the laws and
19    regulations pertinent to that food item, shall not sell or
20    offer to sell the following food items or processed foods
21    containing the following food items, except as indicated:
22            (A) meat, poultry, fish, seafood, or shellfish;
23            (B) dairy, except as an ingredient in a
24        non-potentially hazardous baked good or candy, such as
25        caramel, subject to paragraph (4), or as an ingredient
26        in a baked good frosting, such as buttercream (1.8);



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1            (C) eggs, except as an ingredient in a
2        non-potentially hazardous food, including baked good
3        or in dry noodles, or as an ingredient in a baked good
4        frosting, such as buttercream, if the eggs are not
5        raw;
6            (D) pumpkin pies, sweet potato pies, cheesecakes,
7        custard pies, creme pies, and pastries with
8        potentially hazardous fillings or toppings;
9            (E) garlic in oil or oil infused with garlic,
10        except if the garlic oil is acidified;
11            (F) low-acid canned foods; canned foods, except
12        for the following, which may be canned only in
13        Mason-style jars with new lids:
14                (i) fruit jams, fruit jellies, fruit
15            preserves, or fruit butters;
16                (ii) syrups;
17                (iii) whole or cut fruit canned in syrup;
18                (iv) acidified fruit or vegetables prepared
19            and offered for sale in compliance with paragraph
20            (1.6); and
21                (v) condiments such as prepared mustard,
22            horseradish, or ketchup that do not contain
23            ingredients prohibited under this Section and that
24            are prepared and offered for sale in compliance
25            with paragraph (1.6);
26            (G) sprouts;



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1            (H) cut leafy greens, except for cut leafy greens
2        that are dehydrated, acidified, or blanched and
3        frozen;
4            (I) cut or pureed fresh tomato or melon;
5            (J) dehydrated tomato or melon;
6            (K) frozen cut melon;
7            (L) wild-harvested, non-cultivated mushrooms;
8            (M) alcoholic beverages; or
9            (N) kombucha.
10        (1.6) In order to sell canned tomatoes or a canned
11    product containing tomatoes, a cottage food operator shall
12    either:
13            (A) follow exactly a recipe that has been tested
14        by the United States Department of Agriculture or by a
15        state cooperative extension located in this State or
16        any other state in the United States; or
17            (B) submit the recipe, at the cottage food
18        operator's expense, to a commercial laboratory
19        according to the commercial laboratory's directions to
20        test that the product has been adequately acidified;
21        use only the varietal or proportionate varietals of
22        tomato included in the tested recipe for all
23        subsequent batches of such recipe; and provide
24        documentation of the annual test results of the recipe
25        submitted under this subparagraph upon registration
26        and to an inspector upon request during any inspection



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1        authorized by paragraph (2) of subsection (d).
2        (2) In order to sell a fermented or acidified food, a
3    cottage food operation shall either:
4            (A) submit a recipe that has been tested by the
5        United States Department of Agriculture or a
6        cooperative extension system located in this State or
7        any other state in the United States; or
8            (B) submit a written food safety plan for each
9        category of products for which the cottage food
10        operator uses the same procedures, such as pickles,
11        kimchi, or hot sauce, and a pH test for a single
12        product that is representative of that category; the
13        written food safety plan shall be submitted annually
14        upon registration and each pH test shall be submitted
15        every 3 years; the food safety plan shall adhere to
16        guidelines developed by the Department.
17        (3) A fermented or acidified food shall be packaged
18    according to one of the following standards:
19            (A) A fermented or acidified food that is canned
20        must be processed in a boiling water bath in a
21        Mason-style jar or glass container with a
22        tight-fitting lid.
23            (B) A fermented or acidified food that is not
24        canned shall be sold in any container that is new,
25        clean, and seals properly and must be stored,
26        transported, and sold at or below 41 degrees.



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1        (4) In order to sell a baked good with cheese, a local
2    health department may require a cottage food operation to
3    submit a recipe, at the cottage food operator's expense,
4    to a commercial laboratory to verify that it is
5    non-potentially hazardous before allowing the cottage food
6    operation to sell the baked good as a cottage food.
7        (5) For a cottage food operation that does not utilize
8    a municipal water supply, such as an operation using a
9    private well, a local health department may require a
10    water sample test to verify that the water source being
11    used meets public safety standards related to E. coli
12    coliform. If a test is requested, it must be conducted at
13    the cottage food operator's expense.
14        (6) A person preparing or packaging a product as part
15    of a cottage food operation must be a Department-approved
16    certified food protection manager.
17        (7) Food packaging must conform with the labeling
18    requirements of the Illinois Food, Drug and Cosmetic Act.
19    A cottage food product shall be prepackaged and the food
20    packaging shall be affixed with a prominent label that
21    includes the following:
22            (A) the name of the cottage food operation and
23        unit of local government in which the cottage food
24        operation is located;
25            (B) the identifying registration number provided
26        by the local health department on the certificate of



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1        registration and the name of the municipality or
2        county in which the registration was filed;
3            (C) the common or usual name of the food product;
4            (D) all ingredients of the food product, including
5        any color, artificial flavor, and preservative, listed
6        in descending order by predominance of weight shown
7        with the common or usual names;
8            (E) the following phrase in prominent lettering:
9        "This product was produced in a home kitchen not
10        inspected by a health department that may also process
11        common food allergens. If you have safety concerns,
12        contact your local health department.";
13            (F) the date the product was processed; and
14            (G) allergen labeling as specified under federal
15        labeling requirements.
16        (8) Food packaging may include the designation
17    "Illinois-grown", "Illinois-sourced", or "Illinois farm
18    product" if the packaged product is a local farm or food
19    product as that term is defined in Section 5 of the Local
20    Food, Farms, and Jobs Act.
21        (9) In the case of a product that is difficult to
22    properly label or package, or for other reasons, the local
23    health department of the location where the product is
24    sold may grant permission to sell products that are not
25    prepackaged, in which case other prominent written notice
26    shall be provided to the purchaser.



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1        (10) At the point of sale, notice must be provided in a
2    prominent location that states the following: "This
3    product was produced in a home kitchen not inspected by a
4    health department that may also process common food
5    allergens." At a physical display, notice shall be a
6    placard. Online, notice shall be a message on the cottage
7    food operation's online sales interface at the point of
8    sale.
9        (11) Food and drink produced by a cottage food
10    operation shall be sold directly to consumers for their
11    own consumption and not for resale. Sales directly to
12    consumers include, but are not limited to, sales at or
13    through:
14            (A) farmers' markets;
15            (B) fairs, festivals, public events, or online;
16            (C) pickup from the private home or farm of the
17        cottage food operator, if the pickup is not prohibited
18        by any law of the unit of local government that applies
19        equally to all cottage food operations; in a
20        municipality with a population of 1,000,000 or more, a
21        cottage food operator shall comply with any law of the
22        municipality that applies equally to all home-based
23        businesses;
24            (D) delivery to the customer; and
25            (E) pickup from a third-party private property
26        with the consent of the third-party property holder.



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1        (12) Only food that is non-potentially hazardous may
2    be shipped. A cottage food product shall not be shipped
3    out of State. Each cottage food product that is shipped
4    must be sealed in a manner that reveals tampering,
5    including, but not limited to, a sticker or pop top.
6    (c) A local health department shall register any eligible
7cottage food operation that meets the requirements of this
8Section and shall issue a certificate of registration with an
9identifying registration number to each registered cottage
10food operation. A local health department may establish a
11self-certification program for cottage food operators to
12affirm compliance with applicable laws, rules, and
13regulations. Registration shall be completed annually and the
14local health department may impose a fee not to exceed $50.
15    (d) In the event of a consumer complaint or foodborne
16illness outbreak, upon notice from a different local health
17department, or if the Department or a local health department
18has reason to believe that an imminent health hazard exists or
19that a cottage food operation's product has been found to be
20misbranded, adulterated, or not in compliance with the
21conditions for cottage food operations set forth in this
22Section, the Department or the local health department may:
23        (1) inspect the premises of the cottage food operation
24    in question;
25        (2) set a reasonable fee for the inspection; and
26        (3) invoke penalties and the cessation of the sale of



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1    cottage food products until it deems that the situation
2    has been addressed to the satisfaction of the Department
3    or local health department; if the situation is not
4    amenable to being addressed, the local health department
5    may revoke the cottage food operation's registration
6    following a process outlined by the local health
7    department.
8    (e) A local health department that receives a consumer
9complaint or a report of foodborne illness related to a
10cottage food operator in another jurisdiction shall refer the
11complaint or report to the local health department where the
12cottage food operator is registered.
13    (f) By January 1, 2022, the Department, in collaboration
14with local public health department associations and other
15stakeholder groups, shall write and issue administrative
16guidance to local health departments on the following:
17        (1) development of a standard registration form,
18    including, if applicable, a written food safety plan;
19        (2) development of a Home-Certification Self Checklist
20    Form;
21        (3) development of a standard inspection form and
22    inspection procedures; and
23        (4) procedures for cottage food operation workspaces
24    that include, but are not limited to, cleaning products,
25    general sanitation, and requirements for functional
26    equipment.



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1    (g) A person who produces or packages a non-potentially
2hazardous baked good for sale by a religious, charitable, or
3nonprofit organization for fundraising purposes is exempt from
4the requirements of this Section.
5    (h) A home rule unit may not regulate cottage food
6operations in a manner inconsistent with the regulation by the
7State of cottage food operations under this Section. This
8Section is a limitation under subsection (i) of Section 6 of
9Article VII of the Illinois Constitution on the concurrent
10exercise by home rule units of powers and functions exercised
11by the State.
12        (1.7) A State-certified local public health department
13    that regulates the service of food by a cottage food
14    operation in accordance with subsection (d) of this
15    Section may require a cottage food operation to submit a
16    canned food that is subject to paragraph (1.6), at the
17    cottage food operator's expense, to a commercial
18    laboratory to verify that the product has a final
19    equilibrium pH of 4.6 or below.
20        (1.8) A State-certified local public health department
21    that regulates the service of food by a cottage food
22    operation in accordance with subsection (d) of this
23    Section may require a cottage food operation to submit a
24    recipe for any baked good containing cheese, at the
25    cottage food operator's expense, to a commercial
26    laboratory to verify that it is non-potentially hazardous



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1    before allowing the cottage food operation to sell the
2    baked good as a cottage food.
3        (2) The food is to be sold at a farmers' market, with
4    the exception that cottage foods that have a locally grown
5    agricultural product as the main ingredient may be sold on
6    the farm where the agricultural product is grown or
7    delivered directly to the consumer.
8        (3) (Blank).
9        (4) The food packaging conforms to the labeling
10    requirements of the Illinois Food, Drug and Cosmetic Act
11    and includes the following information on the label of
12    each of its products:
13            (A) the name and address of the cottage food
14        operation;
15            (B) the common or usual name of the food product;
16            (C) all ingredients of the food product, including
17        any colors, artificial flavors, and preservatives,
18        listed in descending order by predominance of weight
19        shown with common or usual names;
20            (D) the following phrase: "This product was
21        produced in a home kitchen not subject to public
22        health inspection that may also process common food
23        allergens.";
24            (E) the date the product was processed; and
25            (F) allergen labeling as specified in federal
26        labeling requirements.



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1        (5) The name and residence of the person preparing and
2    selling products as a cottage food operation are
3    registered with the health department of a unit of local
4    government where the cottage food operation resides. No
5    fees shall be charged for registration. Registration shall
6    be for a minimum period of one year.
7        (6) The person preparing or packaging products as a
8    cottage food operation has a Department approved Food
9    Service Sanitation Management Certificate.
10        (7) At the point of sale, a placard is displayed in a
11    prominent location that states the following: "This
12    product was produced in a home kitchen not subject to
13    public health inspection that may also process common food
14    allergens.".
15    (c) Notwithstanding the provisions of subsection (b) of
16this Section, if the Department or the health department of a
17unit of local government has received a consumer complaint or
18has reason to believe that an imminent health hazard exists or
19that a cottage food operation's product has been found to be
20misbranded, adulterated, or not in compliance with the
21exception for cottage food operations pursuant to this
22Section, then it may invoke cessation of sales of cottage food
23products until it deems that the situation has been addressed
24to the satisfaction of the Department.
25    (d) Notwithstanding the provisions of subsection (b) of
26this Section, a State-certified local public health department



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1may, upon providing a written statement to the Department,
2regulate the service of food by a cottage food operation. The
3regulation by a State-certified local public health department
4may include all of the following requirements:
5        (1) That the cottage food operation (A) register with
6    the State-certified local public health department, which
7    shall be for a minimum of one year and include a reasonable
8    fee set by the State-certified local public health
9    department that is no greater than $25 notwithstanding
10    paragraph (5) of subsection (b) of this Section and (B)
11    agree in writing at the time of registration to grant
12    access to the State-certified local public health
13    department to conduct an inspection of the cottage food
14    operation's primary domestic residence in the event of a
15    consumer complaint or foodborne illness outbreak.
16        (2) That in the event of a consumer complaint or
17    foodborne illness outbreak the State-certified local
18    public health department is allowed to (A) inspect the
19    premises of the cottage food operation in question and (B)
20    set a reasonable fee for that inspection.
21    (i) (e) The Department may adopt rules as may be necessary
22to implement the provisions of this Section.
23(Source: P.A. 100-35, eff. 1-1-18; 100-1069, eff. 8-24-18;
24101-81, eff. 7-12-19.)
25    Section 99. Effective date. This Act takes effect January



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11, 2022.".