Public Act 103-0903
 
SB2617 EnrolledLRB103 34813 RPS 64668 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Food Handling Regulation Enforcement Act is 
amended by changing Section 4 as follows:
 
    (410 ILCS 625/4)
    Sec. 4. Cottage food operation.
    (a) For the purpose of this Section:
    A food is "acidified" if: (i) acid or acid ingredients are 
added to it to produce a final equilibrium pH of 4.6 or below 
and a water activity greater than 0.85; or (ii) it is fermented 
to produce a final equilibrium pH of 4.6 or below. 
    "Canned food" means food that has been heat processed 
sufficiently under United States Department of Agriculture 
guidelines to enable storing the food at normal home 
temperatures. 
    "Cottage food operation" means an operation conducted by a 
person who produces or packages food or drink, other than 
foods and drinks listed as prohibited in paragraph (1.5) of 
subsection (b) of this Section, in a kitchen located in that 
person's primary domestic residence or another appropriately 
designed and equipped kitchen on a farm for direct sale by the 
owner, a family member, or employee.
    "Cut leafy greens" means fresh leafy greens whose leaves 
have been cut, shredded, sliced, chopped, or torn. "Cut leafy 
greens" does not mean cut-to-harvest leafy greens. 
    "Department" means the Department of Public Health. 
    "Employee" means a person who is employed by and receives 
monetary compensation from a cottage food operator. 
    "Equilibrium pH" means the final potential of hydrogen 
measured in an acidified food after all the components of the 
food have achieved the same acidity. 
    "Farmers' market" means a common facility or area where 
farmers gather to sell a variety of fresh fruits and 
vegetables and other locally produced farm and food products 
directly to consumers. 
    "Leafy greens" includes iceberg lettuce; romaine lettuce; 
leaf lettuce; butter lettuce; baby leaf lettuce, such as 
immature lettuce or leafy greens; escarole; endive; spring 
mix; spinach; cabbage; kale; arugula; and chard. "Leafy 
greens" does not include microgreens or herbs such as cilantro 
or parsley. 
    "Local health department" means a State-certified health 
department of a unit of local government in which a cottage 
food operation is located or, if the cottage food operation is 
located in a county that does not have a local health 
department, is registered.
    "Local public health department association" means an 
association solely representing 2 or more State-certified 
local health departments.
    "Low-acid canned food" means any canned food with a 
finished equilibrium pH greater than 4.6 and a water activity 
(aw) greater than 0.85. 
    "Microgreen" means an edible plant seedling grown in soil 
or substrate and harvested above the soil or substrate line. 
    "Mobile farmers markets" means a farmers market that is 
operated from a movable motor drive or propelled vehicle or 
trailer that can change location, including a farmers market 
that is owned and operated by a farmer or a third party selling 
products on behalf of farmers or cottage food operations with 
the intent of a direct sale to an end consumer. 
    "Potentially hazardous food" means a food that is 
potentially hazardous according to the Department's 
administrative rules. Potentially hazardous food (PHF) in 
general means a food that requires time and temperature 
control for safety (TCS) to limit pathogenic microorganism 
growth or toxin formation.
    "Sprout" means any seedling intended for human consumption 
that was produced in a manner that does not meet the definition 
of microgreen. 
    "Time/temperature control for safety food" means a food 
that is stored under time or temperature control for food 
safety according to the Department's administrative rules. 
    (b) A cottage food operation may produce homemade food and 
drink provided that all of the following conditions are met:
        (1) (Blank).
        (1.3) A cottage food operation must register with the 
    local health department for the unit of local government 
    in which it is located, but may sell products outside of 
    the unit of local government where the cottage food 
    operation is located. If a county does not have a local 
    health department, the county shall enter into an 
    agreement or contract with a local health department in an 
    adjacent county to register cottage food operations in the 
    jurisdiction of the county that does not have a health 
    department. The adjacent local health department where the 
    cottage food operation registers has the powers described 
    in subsection (d). A copy of the certificate of 
    registration must be available upon request by any local 
    health department. 
        (1.5) A cottage food operation shall not sell or offer 
    to sell the following food items or processed foods 
    containing the following food items, except as indicated:
            (A) meat, poultry, fish, seafood, or shellfish;
            (B) dairy, except as an ingredient in a 
        non-potentially hazardous baked good or candy that is 
        not a time/temperature control for safety food, such 
        as caramel, subject to paragraph (4), or as an 
        ingredient in a baked good frosting, such as 
        buttercream;
            (C) eggs, except as an ingredient in a food that is 
        not a time/temperature control for safety food 
        non-potentially hazardous food, including dry noodles, 
        or as an ingredient in a baked good frosting, such as 
        buttercream, if the eggs are not raw;
            (D) pumpkin pies, sweet potato pies, cheesecakes, 
        custard pies, creme pies, and pastries with 
        time/temperature control for safety foods that are 
        potentially hazardous fillings or toppings;
            (E) garlic in oil or oil infused with garlic, 
        except if the garlic oil is acidified;
            (F) low-acid canned foods;
            (G) sprouts;
            (H) cut leafy greens, except for cut leafy greens 
        that are dehydrated, acidified, or blanched and 
        frozen;
            (I) cut or pureed fresh tomato or melon;
            (J) dehydrated tomato or melon;
            (K) frozen cut melon;
            (L) wild-harvested, non-cultivated mushrooms;
            (M) alcoholic beverages; or
            (N) kombucha. 
        (1.6) In order to sell canned tomatoes or a canned 
    product containing tomatoes, a cottage food operator shall 
    either: 
            (A) follow exactly a recipe that has been tested 
        by the United States Department of Agriculture or by a 
        state cooperative extension located in this State or 
        any other state in the United States; or
            (B) submit the recipe, at the cottage food 
        operator's expense, to a commercial laboratory 
        according to the commercial laboratory's directions to 
        test that the product has been adequately acidified; 
        use only the varietal or proportionate varietals of 
        tomato included in the tested recipe for all 
        subsequent batches of such recipe; and provide 
        documentation of the annual test results of the recipe 
        submitted under this subparagraph upon registration 
        and to an inspector upon request during any inspection 
        authorized by subsection (d). 
        (2) In order to sell a fermented or acidified food, a 
    cottage food operation shall either:
            (A) submit a recipe that has been tested by the 
        United States Department of Agriculture or a 
        cooperative extension system located in this State or 
        any other state in the United States; or
            (B) submit a written food safety plan for each 
        category of products for which the cottage food 
        operator uses the same procedures, such as pickles, 
        kimchi, or hot sauce, and a pH test for a single 
        product that is representative of that category; the 
        written food safety plan shall be submitted annually 
        upon registration and each pH test shall be submitted 
        every 3 years; the food safety plan shall adhere to 
        guidelines developed by the Department.
        (3) A fermented or acidified food shall be packaged 
    according to one of the following standards:
            (A) A fermented or acidified food that is canned 
        must be processed in a boiling water bath in a 
        Mason-style jar or glass container with a 
        tight-fitting lid.
            (B) A fermented or acidified food that is not 
        canned shall be sold in any container that is new, 
        clean, and seals properly and must be stored, 
        transported, and sold at or below 41 degrees. 
        (4) In order to sell a baked good with cheese, a local 
    health department may require a cottage food operation to 
    submit a recipe, at the cottage food operator's expense, 
    to a commercial laboratory to verify that it is not a 
    time-or-temperature control for safety food 
    non-potentially hazardous before allowing the cottage food 
    operation to sell the baked good as a cottage food.
        (5) For a cottage food operation that does not utilize 
    a municipal water supply, such as an operation using a 
    private well, a local health department may require a 
    water sample test to verify that the water source being 
    used meets public safety standards related to E. coli 
    coliform. If a test is requested, it must be conducted at 
    the cottage food operator's expense.
        (6) A person preparing or packaging a product as part 
    of a cottage food operation must be a Department-approved 
    certified food protection manager.
        (7) Food packaging must conform with the labeling 
    requirements of the Illinois Food, Drug and Cosmetic Act. 
    A cottage food product shall be prepackaged and the food 
    packaging shall be affixed with a prominent label that 
    includes the following:
            (A) the name of the cottage food operation and 
        unit of local government in which the cottage food 
        operation is located;
            (B) the identifying registration number provided 
        by the local health department on the certificate of 
        registration and the name of the municipality or 
        county in which the registration was filed;
            (C) the common or usual name of the food product;
            (D) all ingredients of the food product, including 
        any color, artificial flavor, and preservative, listed 
        in descending order by predominance of weight shown 
        with the common or usual names;
            (E) the following phrase in prominent lettering: 
        "This product was produced in a home kitchen not 
        inspected by a health department that may also process 
        common food allergens. If you have safety concerns, 
        contact your local health department.";
            (F) the date the product was processed; and
            (G) allergen labeling as specified under federal 
        labeling requirements. 
        (8) Food packaging may include the designation 
    "Illinois-grown", "Illinois-sourced", or "Illinois farm 
    product" if the packaged product is a local farm or food 
    product as that term is defined in Section 5 of the Local 
    Food, Farms, and Jobs Act.
        (9) In the case of a product that is difficult to 
    properly label or package, or for other reasons, the local 
    health department of the location where the product is 
    sold may grant permission to sell products that are not 
    prepackaged, in which case other prominent written notice 
    shall be provided to the purchaser.
        (10) At the point of sale, notice must be provided in a 
    prominent location that states the following: "This 
    product was produced in a home kitchen not inspected by a 
    health department that may also process common food 
    allergens." At a physical display, notice shall be a 
    placard. Online, notice shall be a message on the cottage 
    food operation's online sales interface at the point of 
    sale.
        (11) Food and drink produced by a cottage food 
    operation shall be sold directly to consumers for their 
    own consumption and not for resale. Sales directly to 
    consumers include, but are not limited to, sales at or 
    through:
            (A) farmers' markets;
            (B) fairs, festivals, public events, or online;
            (C) pickup from the private home or farm of the 
        cottage food operator, if the pickup is not prohibited 
        by any law of the unit of local government that applies 
        equally to all cottage food operations; in a 
        municipality with a population of 1,000,000 or more, a 
        cottage food operator shall comply with any law of the 
        municipality that applies equally to all home-based 
        businesses; 
            (D) delivery to the customer; and
            (E) pickup from a third-party private property 
        with the consent of the third-party property holder; 
        and 
            (F) mobile farmers markets.
        (12) Only food that is not a time-or-temperature 
    control for safety food non-potentially hazardous may be 
    shipped. A cottage food product shall not be shipped out 
    of State. Each cottage food product that is shipped must 
    be sealed in a manner that reveals tampering, including, 
    but not limited to, a sticker or pop top. 
        (13) Alcohol may be used to make extracts, such as 
    vanilla extract, or may be used as an ingredient in baked 
    goods as long as the created product is not intended for 
    use as a beverage.
        (14) Time/temperature control for safety foods shall 
    be maintained and transported at holding temperatures as 
    set in the Department's administrative rules to ensure the 
    food's safety and limit microorganism growth or toxin 
    formation.
        (15) A product assessment of pH and water activity may 
    be used to show that a product is non-time or temperature 
    controlled for food safety and does not require 
    temperature control. 
    (c) A local health department shall register any eligible 
cottage food operation that meets the requirements of this 
Section and shall issue a certificate of registration with an 
identifying registration number to each registered cottage 
food operation. A local health department may establish a 
self-certification program for cottage food operators to 
affirm compliance with applicable laws, rules, and 
regulations. Registration shall be completed annually and the 
local health department may impose a fee not to exceed $50. 
    (d) In the event of a consumer complaint or foodborne 
illness outbreak, upon notice from a different local health 
department, or if the Department or a local health department 
has reason to believe that an imminent health hazard exists or 
that a cottage food operation's product has been found to be 
misbranded, adulterated, or not in compliance with the 
conditions for cottage food operations set forth in this 
Section, the Department or the local health department may:
        (1) inspect the premises of the cottage food operation 
    in question;
        (2) set a reasonable fee for the inspection; and
        (3) invoke penalties and the cessation of the sale of 
    cottage food products until it deems that the situation 
    has been addressed to the satisfaction of the Department 
    or local health department; if the situation is not 
    amenable to being addressed, the local health department 
    may revoke the cottage food operation's registration 
    following a process outlined by the local health 
    department. 
    (e) A local health department that receives a consumer 
complaint or a report of foodborne illness related to a 
cottage food operator in another jurisdiction shall refer the 
complaint or report to the local health department where the 
cottage food operator is registered. 
    (f) By January 1, 2022, the Department, in collaboration 
with local public health department associations and other 
stakeholder groups, shall write and issue administrative 
guidance to local health departments on the following: 
        (1) development of a standard registration form, 
    including, if applicable, a written food safety plan;
        (2) development of a Home-Certification Self Checklist 
    Form;
        (3) development of a standard inspection form and 
    inspection procedures; and
        (4) procedures for cottage food operation workspaces 
    that include, but are not limited to, cleaning products, 
    general sanitation, and requirements for functional 
    equipment.
    (g) A person who produces or packages a non-potentially 
hazardous baked good that is not a time/temperature control 
for safety food for sale by a religious, charitable, or 
nonprofit organization for fundraising purposes is exempt from 
the requirements of this Section.
    (h) A home rule unit may not regulate cottage food 
operations in a manner inconsistent with the regulation by the 
State of cottage food operations under this Section. This 
Section is a limitation under subsection (i) of Section 6 of 
Article VII of the Illinois Constitution on the concurrent 
exercise by home rule units of powers and functions exercised 
by the State.
    (i) The Department may adopt rules as may be necessary to 
implement the provisions of this Section.
(Source: P.A. 101-81, eff. 7-12-19; 102-633, eff. 1-1-22.)