Public Act 098-0643
 
HB5354 EnrolledLRB098 19952 RPM 55177 b

    AN ACT concerning public 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 adding Section 3.4 as follows:
 
    (410 ILCS 625/3.4 new)
    Sec. 3.4. Home kitchen operation.
    (a) For the purpose of this Section, "home kitchen
operation" means a person who produces or packages
non-potentially hazardous food in a kitchen of that person's
primary domestic residence for direct sale by the owner or a
family member, or for sale by a religious, charitable, or
nonprofit organization, stored in the residence where the food
is made. The following conditions must be met in order to
qualify as a home kitchen operation:
        (1) Monthly gross sales do not exceed $1,000.
        (2) The food is not a potentially hazardous baked food,
    as defined in Section 4 of this Act.
        (3) A notice is provided to the purchaser that the
    product was produced in a home kitchen.
    (b) The Department of Public Health or the health
department of a unit of local government may inspect a home
kitchen operation in the event of a complaint or disease
outbreak.
    (c) This Section applies only to a home kitchen operation
located in a municipality, township, or county where the local
governing body has adopted an ordinance authorizing the direct
sale of baked goods as described in Section 4 of this Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.