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

SB2007sam001 102ND GENERAL ASSEMBLY

Sen. David Koehler

Filed: 4/1/2021

 

 


 

 


 
10200SB2007sam001LRB102 12761 CPF 24606 a

1
AMENDMENT TO SENATE BILL 2007

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

 

 

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1conditions are met: (1) (Blank). (1.5) A cottage food
2operation may produce homemade food and drink. A However, a
3cottage food operation, unless properly licensed, certified,
4and compliant with all requirements to sell a listed food item
5under the laws and regulations pertinent to that food item,
6shall not sell or offer to sell the following food items or
7processed foods containing the following food items, except as
8indicated:
9            (A) meat, poultry, fish, seafood, or shellfish;
10            (B) dairy, except as an ingredient in a
11        non-potentially hazardous food, such as a baked good
12        or candy, such as caramel, subject to paragraph (4),
13        or as an ingredient in a baked good frosting, such as
14        buttercream (1.8);
15            (C) eggs, except as an ingredient in a
16    non-potentially hazardous food, including dry noodles, or
17    as an ingredient in a baked good frosting, such as
18    buttercream, if the eggs are not raw baked good or in dry
19    noodles;
20            (D) pumpkin pies, sweet potato pies, cheesecakes,
21        custard pies, creme pies, and pastries with
22        potentially hazardous fillings or toppings;
23            (E) garlic in oil or oil infused with garlic,
24        except if the garlic oil is acidified;
25            (F) canned foods, except for the following, which
26        may be canned only in Mason-style jars with new lids:

 

 

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

 

 

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

 

 

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1        United States Department of Agriculture or a
2        Cooperative Extension System located in this State or
3        any other state in the United States; or
4            (B) submit a written food safety plan for each
5        category of products for which the cottage food
6        operator uses the same procedures, such as pickles,
7        kimchi, or hot sauce, and a pH test for a single
8        product that is representative of that category; the
9        written food safety plan shall be submitted annually
10        upon registration and each pH test shall be submitted
11        every 3 years; the food safety plan shall adhere to
12        guidelines developed by University of Illinois
13        Extension.
14        A fermented or acidified food shall be packaged
15    according to one of the following standards:
16            (A) Acidified and fermented foods that are canned
17        must be processed in a boiling water bath in a mason
18        style jar or glass container with a tight-fitting lid.
19            (B) Acidified and fermented foods that are not
20        canned shall be sold in any container that is new,
21        clean, and seals properly and must be stored,
22        transported, and sold at or below 41 degrees.
23        (4) (1.8) A State-certified local public health
24    department that regulates the service of food by a cottage
25    food operation in accordance with subsection (d) of this
26    Section may require a cottage food operation to submit a

 

 

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

 

 

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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 may include the designation
8    "Illinois-grown", "Illinois-sourced", or "Illinois farm
9    product" if the products are local farm or food products
10    as defined in Section 5 of the Local Food, Farms, and Jobs
11    Act. Cottage food products shall be prepackaged and the
12    food packaging shall be affixed with a prominent label
13    that includes the following items, unless the local health
14    department where the product is sold has granted
15    permission to sell products that are not prepackaged, in
16    which case other prominent written notice shall be
17    provided to the purchaser that includes the following
18    labeling requirements: (4) The food packaging conforms to
19    the labeling requirements of the Illinois Food, Drug and
20    Cosmetic Act and includes the following information on the
21    label of each of its products:
22            (A) the name and address of the cottage food
23        operation;
24            (B) the identifying registration number provided
25        by the local health department on the certification of
26        registration and the name of the municipality or

 

 

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1        county in which the registration was filed;
2            (C) (B) the common or usual name of the food
3        product;
4            (D) (C) all ingredients of the food product,
5        including any colors, artificial flavors, and
6        preservatives, listed in descending order by
7        predominance of weight shown with common or usual
8        names;
9            (E) (D) the following phrase in prominent
10        lettering: "This product was produced in a home
11        kitchen not inspected by a health department subject
12        to public health inspection that may also process
13        common food allergens.";
14            (F) (E) the date the product was processed; and
15            (G) (F) allergen labeling as specified in federal
16        labeling requirements.
17        (8) (5) The name and residence of the person preparing
18    and selling products as a cottage food operation must be
19    are registered with the local health department and the
20    certificate of registration must be available at the point
21    of sale. A cottage food operation is required to register
22    with the local health department for the unit of local
23    government in which it is located, but may sell products
24    outside of the unit of local government where the cottage
25    food operation is located. of a unit of local government
26    where the cottage food operation resides. No fees shall be

 

 

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1    charged for registration. Registration shall be for a
2    minimum period of one year.
3        (9) (6) The person preparing or packaging products as
4    part of a cottage food operation must be a
5    Department-approved certified food protection manager has
6    a Department approved Food Service Sanitation Management
7    Certificate.
8        (10) (7) At the point of sale, notice must be provided
9    a placard is displayed in a prominent location that states
10    the following: "This product was produced in a home
11    kitchen not inspected by a health department subject to
12    public health inspection that may also process common food
13    allergens.". At a physical display, notice shall be a
14    placard. Online, notice shall be a message on the cottage
15    food operation's online sales interface.
16    (b-5) A home rule unit may not regulate cottage food
17operations in a manner inconsistent with the regulation by the
18State of cottage food operations under this Section. This
19Section is a limitation under subsection (i) of Section 6 of
20Article VII of the Illinois Constitution on the concurrent
21exercise by home rule units of powers and functions exercised
22by the State.
23    (c) Notwithstanding the provisions of subsection (b) of
24this Section, if the Department or a local the health
25department of a unit of local government has received a
26consumer complaint or has reason to believe that an imminent

 

 

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1health hazard exists or that a cottage food operation's
2product has been found to be misbranded, adulterated, or not
3in compliance with the exception for cottage food operations
4pursuant to this Section, then it may invoke cessation of
5sales of cottage food products until it deems that the
6situation has been addressed to the satisfaction of the
7Department or the local health department. If the situation is
8not amenable to being addressed, the Department or local
9health department may revoke the cottage food operation's
10registration following a process outlined by the Department or
11local health department.
12    (d) A local health department shall register any eligible
13cottage food operation that meets the requirements of this
14Section and shall issue a certificate of registration with an
15identifying registration number to each registered cottage
16food operation. Registration shall be completed annually and
17the local health department may impose a reasonable fee that
18is no greater than $25. The regulation by a local health
19department may include all of the following requirements:
20Notwithstanding the provisions of subsection (b) of this
21Section, a State-certified local public health department may,
22upon providing a written statement to the Department, regulate
23the service of food by a cottage food operation. The
24regulation by a State-certified local public health department
25may include all of the following requirements:
26        (1) That the cottage food operation (A) register with

 

 

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1    the State-certified local public health department, which
2    shall be for a minimum of one year and include a reasonable
3    fee set by the State-certified local public health
4    department that is no greater than $25 notwithstanding
5    paragraph (5) of subsection (b) of this Section and (B)
6    agree in writing at the time of registration to grant
7    access to the State-certified local public health
8    department to conduct an inspection of the premises of the
9    cottage food operation cottage food operation's primary
10    domestic residence in the event of a consumer complaint or
11    foodborne illness outbreak.
12        (2) That in the event of a consumer complaint or
13    foodborne illness outbreak the State-certified local
14    public health department is allowed to (A) inspect the
15    premises of the cottage food operation in question and (B)
16    set a reasonable fee for that inspection.
17    (e) A person who produces or packages a non-potentially
18hazardous baked good for sale by a religious, charitable, or
19nonprofit organization for fundraising purposes is exempt from
20the requirements of this Section.
21    (f) (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.)".