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Public Act 103-0903


 

Public Act 0903 103RD GENERAL ASSEMBLY

 


 
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.)

Effective Date: 1/1/2025