Public Act 1039 93RD GENERAL ASSEMBLY

SB2944 Enrolled LRB093 21015 WGH 47027 b

Public Act 093-1039

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 3.1 as follows:

(410 ILCS 625/3.1 new)

Sec. 3.1. Potluck events.

(a) As used in this Section, "potluck event" means an event that meets all of the following conditions:

(1) People are gathered to share food at the event.

(2) There is no compensation provided to people for bringing food to the event.

(3) There is no charge for any food or beverage provided at the event.

(4) The event is not conducted for commercial purposes.

(5) It is generally understood by the participants at the event that neither the food nor the facilities have been inspected by the State or a local certified public health department.

(6) The event is not held on public property.

(b) Notwithstanding any other provision of law, neither the Department of Public Health nor the health department of a unit of local government may regulate the serving of food that is brought to a potluck event sponsored by a group of individuals or a religious, charitable, or nonprofit organization by individuals attending the potluck event for consumption at the potluck event. Individuals who are not members of a group or organization sponsoring a potluck event may attend the potluck event and consume the food at the event. No fee may be charged for admission to a potluck event that is exempt from regulation under this Section, nor may food be sold at a potluck event that is exempt from regulation under this Section. A business establishment dealing in the sale of food items may not sponsor a potluck event. Potluck event food may not be brought into the kitchen of a business establishment dealing in the sale of food items.

Effective Date: 6/1/2005