Full Text of HB4632 101st General Assembly
HB4632 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4632 Introduced 2/5/2020, by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: |
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Amends the Food Handling Regulation Enforcement Act. Provides that regulation by a State-certified local public health department may include a requirement that the State-certified local public health department provide a certificate of registration for approved cottage food operations, which must be displayed at all events or at the point of sale.
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| | A BILL FOR |
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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 | | A food is "acidified" if: (i) acid or acid ingredients are | 10 | | added to it to produce a final equilibrium pH of 4.6 or below; | 11 | | or (ii) it is fermented to produce a final equilibrium pH of | 12 | | 4.6 or below. | 13 | | "Canned food" means food preserved in air-tight, | 14 | | vacuum-sealed containers that are heat processed sufficiently | 15 | | to enable storing the food at normal home temperatures. | 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 | | "Equilibrium pH" means the final potential of hydrogen | 6 | | measured in an acidified food after all the components of the | 7 | | food have achieved the same acidity. | 8 | | "Farmers' market" means a common facility or area where
| 9 | | farmers gather to sell a variety of fresh fruits and vegetables
| 10 | | and other locally produced farm and food products directly to
| 11 | | consumers. | 12 | | "Leafy greens" includes iceberg lettuce; romaine lettuce;
| 13 | | leaf lettuce; butter lettuce; baby leaf lettuce, such as
| 14 | | immature lettuce or leafy greens; escarole; endive; spring mix;
| 15 | | spinach; cabbage; kale; arugula; and chard. "Leafy greens" does
| 16 | | not include microgreens or herbs such as cilantro or parsley. | 17 | | "Main ingredient" means an agricultural product that is the | 18 | | defining or distinctive ingredient in a cottage food product, | 19 | | though not necessarily by predominance of weight. | 20 | | "Microgreen" means an edible plant seedling grown in soil
| 21 | | or substrate and harvested above the soil or substrate line. | 22 | | "Potentially hazardous food" means a food that is | 23 | | potentially hazardous according to the Department's | 24 | | administrative rules. Potentially hazardous food (PHF) in | 25 | | general means a food that requires time and temperature control | 26 | | for safety (TCS) to limit pathogenic microorganism growth or |
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| 1 | | toxin formation. | 2 | | "Sprout" means any seedling intended for human consumption | 3 | | that was produced in a manner that does not meet the definition | 4 | | of microgreen. | 5 | | (b) Notwithstanding any other provision of law and except | 6 | | as provided in subsections (c), (d), and (e) of this Section, | 7 | | neither the Department nor the Department of Agriculture nor | 8 | | the health department of a unit of local government may | 9 | | regulate the transaction of food or drink by a cottage food | 10 | | operation providing that all of the following conditions are | 11 | | met: | 12 | | (1) (Blank). | 13 | | (1.5) A cottage food operation may produce homemade | 14 | | food and drink. However, a cottage food operation, unless | 15 | | properly licensed, certified, and compliant with all | 16 | | requirements to sell a listed food item under the laws and | 17 | | regulations pertinent to that food item, shall not sell or | 18 | | offer to sell the following food items or processed foods | 19 | | containing the following food items, except as indicated: | 20 | | (A) meat, poultry, fish, seafood, or shellfish; | 21 | | (B) dairy, except as an ingredient in a | 22 | | non-potentially hazardous baked good or candy, such as | 23 | | caramel, subject to paragraph (1.8); | 24 | | (C) eggs, except as an ingredient in a | 25 | | non-potentially hazardous baked good or in dry | 26 | | noodles; |
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| 1 | | (D) pumpkin pies, sweet potato pies, cheesecakes, | 2 | | custard pies, creme pies, and pastries with | 3 | | potentially hazardous fillings or toppings; | 4 | | (E) garlic in oil or oil infused with garlic, | 5 | | except if the garlic oil is acidified; | 6 | | (F) canned foods, except for the following, which | 7 | | may be canned only in Mason-style jars with new lids: | 8 | | (i) fruit jams, fruit jellies, fruit | 9 | | preserves, or fruit butters; | 10 | | (ii) syrups; | 11 | | (iii) whole or cut fruit canned in syrup; | 12 | | (iv) acidified fruit or vegetables prepared | 13 | | and offered for sale in compliance with paragraph | 14 | | (1.6); and | 15 | | (v) condiments such as prepared mustard, | 16 | | horseradish, or ketchup that do not contain | 17 | | ingredients prohibited under this Section and that | 18 | | are prepared and offered for sale in compliance | 19 | | with paragraph (1.6); | 20 | | (G) sprouts; | 21 | | (H) cut leafy greens, except for cut leafy greens | 22 | | that are dehydrated, acidified, or blanched and | 23 | | frozen; | 24 | | (I) cut or pureed fresh tomato or melon; | 25 | | (J) dehydrated tomato or melon; | 26 | | (K) frozen cut melon; |
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| 1 | | (L) wild-harvested, non-cultivated mushrooms; | 2 | | (M) alcoholic beverages; or | 3 | | (N) kombucha. | 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 canned | 25 | | food that is subject to paragraph (1.6), at the cottage | 26 | | food operator's expense, to a commercial laboratory to |
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| 1 | | verify that the product has a final equilibrium pH of 4.6 | 2 | | or below. | 3 | | (1.8) A State-certified local public health department | 4 | | that regulates the service of food by a cottage food | 5 | | operation in accordance with subsection (d) of this Section | 6 | | may require a cottage food operation to submit a recipe for | 7 | | any baked good containing cheese, at the cottage food | 8 | | operator's expense, to a commercial laboratory to verify | 9 | | that it is non-potentially hazardous before allowing the | 10 | | cottage food operation to sell the baked good as a cottage | 11 | | food. | 12 | | (2) The food is to be sold at a farmers' market, with | 13 | | the exception that cottage foods that have a locally grown | 14 | | agricultural product as the main ingredient may be sold on | 15 | | the farm where the agricultural product is grown or | 16 | | delivered directly to the consumer. | 17 | | (3) (Blank). | 18 | | (4) The food packaging conforms to the labeling | 19 | | requirements of the Illinois Food, Drug and Cosmetic Act | 20 | | and includes the following information on the label of each | 21 | | of its products: | 22 | | (A) the name and address of the cottage food | 23 | | operation; | 24 | | (B) the common or usual name of the food product; | 25 | | (C) all ingredients of the food product, including | 26 | | any colors, artificial flavors, and preservatives, |
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| 1 | | listed in descending order by predominance of weight | 2 | | shown with common or usual names; | 3 | | (D) the following phrase: "This product was | 4 | | produced in a home kitchen not subject to public health | 5 | | inspection that may also process common food | 6 | | allergens."; | 7 | | (E) the date the product was processed; and | 8 | | (F) allergen labeling as specified in federal | 9 | | labeling requirements. | 10 | | (5) The name and residence of the person preparing and | 11 | | selling products as a cottage food operation are registered | 12 | | with the health department of a unit of local government | 13 | | where the cottage food operation resides. No fees shall be | 14 | | charged for registration. Registration shall be for a | 15 | | minimum period of one year. | 16 | | (6) The person preparing or packaging products as a | 17 | | cottage food operation has a Department approved Food | 18 | | Service Sanitation Management Certificate. | 19 | | (7) At the point of sale, a placard is displayed in a | 20 | | prominent location that states the following: "This | 21 | | product was produced in a home kitchen not subject to | 22 | | public health inspection that may also process common food | 23 | | allergens.". | 24 | | (c) Notwithstanding the provisions of subsection (b) of | 25 | | this Section, if the Department or the health department of a | 26 | | unit of local government has received a consumer complaint or |
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| 1 | | has reason to believe that an imminent health hazard exists or | 2 | | that a cottage food operation's product has been found to be | 3 | | misbranded, adulterated, or not in compliance with the | 4 | | exception for cottage food operations pursuant to this Section, | 5 | | then it may invoke cessation of sales of cottage food products | 6 | | until it deems that the situation has been addressed to the | 7 | | satisfaction of the Department. | 8 | | (d) Notwithstanding the provisions of subsection (b) of | 9 | | this Section, a State-certified local public health department | 10 | | may, upon providing a written statement to the Department, | 11 | | regulate the service of food by a cottage food operation. The | 12 | | regulation by a State-certified local public health department | 13 | | may include all of the following requirements: | 14 | | (1) That the cottage food operation (A) register with | 15 | | the State-certified local public health department, which | 16 | | shall be for a minimum of one year and include a reasonable | 17 | | fee set by the State-certified local public health | 18 | | department that is no greater than $25 notwithstanding | 19 | | paragraph (5) of subsection (b) of this Section and (B) | 20 | | agree in writing at the time of registration to grant | 21 | | access to the State-certified local public health | 22 | | department to conduct an inspection of the cottage food | 23 | | operation's primary domestic residence in the event of a | 24 | | consumer complaint or foodborne illness outbreak. | 25 | | (2) That in the event of a consumer complaint or | 26 | | foodborne illness outbreak the State-certified local |
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| 1 | | public health department is allowed to (A) inspect the | 2 | | premises of the cottage food operation in question and (B) | 3 | | set a reasonable fee for that inspection. | 4 | | (3) That the State-certified local public health | 5 | | department must provide a certificate of registration for | 6 | | approved cottage food operations, which must be displayed | 7 | | at all events or at the point of sale.
| 8 | | (e) The Department may adopt rules as may be necessary to | 9 | | implement the provisions of this Section. | 10 | | (Source: P.A. 100-35, eff. 1-1-18; 100-1069, eff. 8-24-18; | 11 | | 101-81, eff. 7-12-19.)
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