Full Text of HB5489 098th General Assembly
HB5489 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5489 Introduced , by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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Amends the Food Handling Regulation Enforcement Act. In the provision exempting certain cottage food operations from Department of Public Health, Department of Agriculture, and local government health department regulations, includes teas brewed in a home kitchen by a cottage food operation for the purpose of giving away free samples. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning public 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 | | "Cottage food operation" means a person who produces or | 10 | | packages non-potentially hazardous food in a kitchen of that | 11 | | person's primary domestic residence for direct sale by the | 12 | | owner or a family member, stored in the residence where the | 13 | | food is made. | 14 | | "Farmers' market" means a common facility or area where
| 15 | | farmers gather to sell a variety of fresh fruits and vegetables
| 16 | | and other locally produced farm and food products directly to
| 17 | | consumers. | 18 | | "Potentially hazardous food" means a food that is | 19 | | potentially hazardous according to the Federal Food and Drug | 20 | | Administration 2009 Food Code (FDA 2009 Food Code) or any | 21 | | subsequent amendments to the FDA 2009 Food Code. Potentially | 22 | | hazardous food (PHF) in general means a food that requires time | 23 | | and temperature control for safety (TCS) to limit pathogenic |
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| 1 | | microorganism growth or toxin formation. In accordance with the | 2 | | FDA 2009 Food Code, potentially hazardous food does not include | 3 | | a food item that because of its pH or Aw value, or interaction | 4 | | of Aw and pH values, is designated as a non-PHF/non-TCS food in | 5 | | Table A or B of the FDA 2009 Food Code's potentially hazardous | 6 | | food definition. | 7 | | (b) Notwithstanding any other provision of law and except | 8 | | as provided in subsections (c) and (d) of this Section, neither | 9 | | the Department of Public Health nor the Department of | 10 | | Agriculture nor the health department of a unit of local | 11 | | government may regulate the service of food by a cottage food | 12 | | operation providing that all of the following conditions are | 13 | | met: | 14 | | (1) The food is not a potentially hazardous baked good, | 15 | | jam, jelly, preserve, fruit butter, dry herb, dry herb | 16 | | blend, or dry tea blend and is intended for end-use only. | 17 | | The following provisions shall apply: | 18 | | (A) The following jams, jellies and preserves are | 19 | | allowed: apple, apricot, grape, peach, plum, quince, | 20 | | orange, nectarine, tangerine, blackberry, raspberry, | 21 | | blueberry, boysenberry, cherry, cranberry, strawberry, | 22 | | red currants, or a combination of these fruits. | 23 | | Rhubarb, tomato, and pepper jellies or jams are not | 24 | | allowed. Any other jams, jellies, or preserves not | 25 | | listed may be produced by a cottage food operation | 26 | | provided their recipe has been tested and documented by |
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| 1 | | a commercial laboratory, at the expense of the cottage | 2 | | food operation, as being not potentially hazardous, | 3 | | containing a pH equilibrium of less than 4.6. | 4 | | (B) The following fruit butters are allowed: | 5 | | apple, apricot, grape, peach, plum, quince, and prune. | 6 | | Pumpkin butter, banana butter, and pear butter are not | 7 | | allowed. Fruit butters not listed may be produced by a | 8 | | cottage food operation provided their recipe has been | 9 | | tested and documented by a commercial laboratory, at | 10 | | the expense of the cottage food operation, as being not | 11 | | potentially hazardous, containing a pH equilibrium of | 12 | | less than 4.6. | 13 | | (C) Baked goods, such as, but not limited to, | 14 | | breads, cookies, cakes, pies, and pastries are | 15 | | allowed. Only high-acid fruit pies that use the | 16 | | following fruits are allowed: apple, apricot, grape, | 17 | | peach, plum, quince, orange, nectarine, tangerine, | 18 | | blackberry, raspberry, blueberry, boysenberry, cherry, | 19 | | cranberry, strawberry, red currants or a combination | 20 | | of these fruits. Fruit pies not listed may be produced | 21 | | by a cottage food operation provided their recipe has | 22 | | been tested and documented by a commercial laboratory, | 23 | | at the expense of the cottage food operation, as being | 24 | | not potentially hazardous, containing a pH equilibrium | 25 | | of less than 4.6. The following are potentially | 26 | | hazardous and prohibited from production and sale by a |
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| 1 | | cottage food operation: pumpkin pie, sweet potato pie, | 2 | | cheesecake, custard pies, creme pies, and pastries | 3 | | with potentially hazardous fillings or toppings. | 4 | | (D) Teas brewed in a home kitchen by a cottage food | 5 | | operation for the purpose of giving away free samples | 6 | | are allowed. | 7 | | (2) The food is to be sold at a farmers' market. | 8 | | (3) Gross receipts from the sale of food exempted under | 9 | | this Section do not exceed $25,000 in a calendar year. | 10 | | (4) The food packaging conforms to the labeling | 11 | | requirements of the Illinois Food, Drug and Cosmetic Act | 12 | | and includes the following information on the label of each | 13 | | of its products: | 14 | | (A) the name and address of the cottage food | 15 | | operation; | 16 | | (B) the common or usual name of the food product; | 17 | | (C) all ingredients of the food product, including | 18 | | any colors, artificial flavors, and preservatives, | 19 | | listed in descending order by predominance of weight | 20 | | shown with common or usual names; | 21 | | (D) the following phrase: "This product was | 22 | | produced in a home kitchen not subject to public health | 23 | | inspection that may also process common food | 24 | | allergens."; | 25 | | (E) the date the product was processed; and | 26 | | (F) allergen labeling as specified in federal |
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| 1 | | labeling requirements. | 2 | | (5) The name and residence of the person preparing and | 3 | | selling products as a cottage food operation is registered | 4 | | with the health department of a unit of local government | 5 | | where the cottage food operation resides. No fees shall be | 6 | | charged for registration. | 7 | | (6) The person preparing and selling products as a | 8 | | cottage food operation has a Department of Public Health | 9 | | approved Food 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 | 16 | | this Section, if the Department of Public Health or the health | 17 | | department of a unit of local government has received a | 18 | | consumer complaint or has reason to believe that an imminent | 19 | | health hazard exists or that a cottage food operation's product | 20 | | has been found to be misbranded, adulterated, or not in | 21 | | compliance with the exception for cottage food operations | 22 | | pursuant to this Section, then it may invoke cessation of sales | 23 | | until it deems that the situation has been addressed to the | 24 | | satisfaction of the Department. | 25 | | (d) Notwithstanding the provisions of subsection (b) of | 26 | | this Section, a State-certified local public health department |
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| 1 | | may, upon providing a written statement to the Department of | 2 | | Public Health, regulate the service of food by a cottage food | 3 | | operation. The regulation by a State-certified local public | 4 | | health department may include all of the following | 5 | | requirements: | 6 | | (1) That the cottage food operation (A) register with | 7 | | the State-certified local public health department, which | 8 | | may include a reasonable fee set by the State-certified | 9 | | local public health department notwithstanding paragraph | 10 | | (5) of subsection (b) of this Section and (B) agree in | 11 | | writing at the time of registration to grant access to the | 12 | | State-certified local public health department to conduct | 13 | | an inspection of the cottage food operation's primary | 14 | | domestic residence in the event of a consumer complaint or | 15 | | 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 | | (Source: P.A. 97-393, eff. 1-1-12.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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