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Public Act 097-0393 Public Act 0393 97TH GENERAL ASSEMBLY |
Public Act 097-0393 | SB0840 Enrolled | LRB097 04584 KTG 44623 b |
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| 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 adding Section 4 as follows: | (410 ILCS 625/4 new) | Sec. 4. Cottage food operation. | (a) For the purpose of this Section: | "Cottage food 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, stored in the residence where the | food is made. | "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. | "Potentially hazardous food" means a food that is | potentially hazardous according to the Federal Food and Drug | Administration 2009 Food Code (FDA 2009 Food Code) or any | subsequent amendments to the FDA 2009 Food Code. 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. In accordance with the | FDA 2009 Food Code, potentially hazardous food does not include | a food item that because of its pH or Aw value, or interaction | of Aw and pH values, is designated as a non-PHF/non-TCS food in | Table A or B of the FDA 2009 Food Code's potentially hazardous | food definition. | (b) Notwithstanding any other provision of law and except | as provided in subsections (c) and (d) of this Section, neither | the Department of Public Health nor the Department of | Agriculture nor the health department of a unit of local | government may regulate the service of food by a cottage food | operation providing that all of the following conditions are | met: | (1) The food is not a potentially hazardous baked good, | jam, jelly, preserve, fruit butter, dry herb, dry herb | blend, or dry tea blend and is intended for end-use only. | The following provisions shall apply: | (A) The following jams, jellies and preserves are | allowed: apple, apricot, grape, peach, plum, quince, | orange, nectarine, tangerine, blackberry, raspberry, | blueberry, boysenberry, cherry, cranberry, strawberry, | red currants, or a combination of these fruits. | Rhubarb, tomato, and pepper jellies or jams are not | allowed. Any other jams, jellies, or preserves not | listed may be produced by a cottage food operation | provided their recipe has been tested and documented by |
| a commercial laboratory, at the expense of the cottage | food operation, as being not potentially hazardous, | containing a pH equilibrium of less than 4.6. | (B) The following fruit butters are allowed: | apple, apricot, grape, peach, plum, quince, and prune. | Pumpkin butter, banana butter, and pear butter are not | allowed. Fruit butters not listed may be produced by a | cottage food operation provided their recipe has been | tested and documented by a commercial laboratory, at | the expense of the cottage food operation, as being not | potentially hazardous, containing a pH equilibrium of | less than 4.6. | (C) Baked goods, such as, but not limited to, | breads, cookies, cakes, pies, and pastries are | allowed. Only high-acid fruit pies that use the | following fruits are allowed: apple, apricot, grape, | peach, plum, quince, orange, nectarine, tangerine, | blackberry, raspberry, blueberry, boysenberry, cherry, | cranberry, strawberry, red currants or a combination | of these fruits. Fruit pies not listed may be produced | by a cottage food operation provided their recipe has | been tested and documented by a commercial laboratory, | at the expense of the cottage food operation, as being | not potentially hazardous, containing a pH equilibrium | of less than 4.6. The following are potentially | hazardous and prohibited from production and sale by a |
| cottage food operation: pumpkin pie, sweet potato pie, | cheesecake, custard pies, crème pies, and pastries | with potentially hazardous fillings or toppings. | (2) The food is to be sold at a farmers' market. | (3) Gross receipts from the sale of food exempted under | this Section do not exceed $25,000 in a calendar year. | (4) The food packaging conforms to the labeling | requirements of the Illinois Food, Drug and Cosmetic Act | and includes the following information on the label of each | of its products: | (A) the name and address of the cottage food | operation; | (B) the common or usual name of the food product; | (C) all ingredients of the food product, including | any colors, artificial flavors, and preservatives, | listed in descending order by predominance of weight | shown with common or usual names; | (D) the following phrase: "This product was | produced in a home kitchen not subject to public health | inspection that may also process common food | allergens."; | (E) the date the product was processed; and | (F) allergen labeling as specified in federal | labeling requirements. | (5) The name and residence of the person preparing and | selling products as a cottage food operation is registered |
| with the health department of a unit of local government | where the cottage food operation resides. No fees shall be | charged for registration. | (6) The person preparing and selling products as a | cottage food operation has a Department of Public Health | approved Food Service Sanitation Management Certificate. | (7) At the point of sale a placard is displayed in a | prominent location that states the following: "This | product was produced in a home kitchen not subject to | public health inspection that may also process common food | allergens.". | (c) Notwithstanding the provisions of subsection (b) of | this Section, if the Department of Public Health or the health | department of a unit of local government has received a | consumer complaint or 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 exception for cottage food operations | pursuant to this Section, then it may invoke cessation of sales | until it deems that the situation has been addressed to the | satisfaction of the Department. | (d) Notwithstanding the provisions of subsection (b) of | this Section, a State-certified local public health department | may, upon providing a written statement to the Department of | Public Health, regulate the service of food by a cottage food | operation. The regulation by a State-certified local public |
| health department may include all of the following | requirements: | (1) That the cottage food operation (A) register with | the State-certified local public health department, which | may include a reasonable fee set by the State-certified | local public health department notwithstanding paragraph | (5) of subsection (b) of this Section and (B) agree in | writing at the time of registration to grant access to the | State-certified local public health department to conduct | an inspection of the cottage food operation's primary | domestic residence in the event of a consumer complaint or | foodborne illness outbreak. | (2) That in the event of a consumer complaint or | foodborne illness outbreak the State-certified local | public health department is allowed to (A) inspect the | premises of the cottage food operation in question and (B) | set a reasonable fee for that inspection. | Section 10. The Sanitary Food Preparation Act is amended by | changing Section 11 as follows:
| (410 ILCS 650/11) (from Ch. 56 1/2, par. 77)
| Sec. 11.
Except as hereinafter provided and as provided in | Section 4 of the Food Handling Regulation Enforcement Act , the | Department of Public
Health shall enforce this Act, and for | that purpose it may at all times
enter every such building, |
| room, basement, inclosure or premises
occupied or used or | suspected of being occupied or used for the
production, | preparation or manufacture for sale, or the storage, sale,
| distribution or transportation of such food, to inspect the | premises and
all utensils, fixtures, furniture and machinery | used as aforesaid; and
if upon inspection any such food | producing or distribution
establishment, conveyance, or | employer, employee, clerk, driver or other
person is found to | be violating any of the provisions of this Act, or if
the | production, preparation, manufacture, packing, storage, sale,
| distribution or transportation of such food is being conducted | in a
manner detrimental to the health of the employees and | operatives, or to
the character or quality of the food therein | being produced,
manufactured, packed, stored, sold, | distributed or conveyed, the officer
or inspector making the | inspection or examination shall report such
conditions and | violations to the Department. The Department of
Agriculture | shall have exclusive jurisdiction for the enforcement of
this | Act insofar as it relates to establishments defined by Section | 2.5
of "The Meat and Poultry Inspection Act", approved July
22, | 1959, as heretofore or hereafter amended. The Department of
| Agriculture or Department of Public Health, as the case may be, | shall
thereupon issue a written order to the person, firm or | corporation
responsible for the violation or condition | aforesaid to abate such
condition or violation or to make such | changes or improvements as may be
necessary to abate them, |
| within such reasonable time as may be required.
Notice of the | order may be served by delivering a copy thereof to the
person, | firm or corporation, or by sending a copy thereof by registered
| mail, and the receipt thereof through the post office shall be | prima
facie evidence that notice of the order has been | received. Such person,
firm or corporation may appear in person | or by attorney before the
Department of Agriculture or the | Department of Public Health, as the
case may be, within the | time limited in the order, and shall be given an
opportunity to | be heard and to show why such order or instructions
should not | be obeyed. The hearing shall be under such rules and
| regulations as may be prescribed by the Department of | Agriculture or the
Department of Public Health, as the case may | be. If after such hearing
it appears that this Act has not been | violated, the order shall be
rescinded. If it appears that this | Act is being violated, and that the
person, firm or corporation | notified is responsible therefor, the
previous order shall be | confirmed or amended, as the facts shall
warrant, and shall | thereupon be final, but such additional time as is
necessary | may be granted within which to comply with the final order. If
| such person, firm or corporation is not present or represented | when such
final order is made, notice thereof shall be given as | above provided. On
failure of the party or parties to comply | with the first order of the
Department of Agriculture or the | Department of Public Health, as the
case may be, within the | time prescribed, when no hearing is demanded, or
upon failure |
| to comply with the final order within the time specified,
the | Department shall certify the facts to the State's Attorney of | the
county in which such violation occurred, and such State's | Attorney shall
proceed against the party or parties for the | fines and penalties
provided by this Act, and also for the | abatement of the nuisance:
Provided, that the proceedings | herein prescribed for the abatement of
nuisances as defined in | this Act shall not in any manner relieve the
violator from | prosecution in the first instance for every such
violation, nor | from the penalties for such violation prescribed by
Section 13.
| (Source: P.A. 81-1509.)
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Effective Date: 1/1/2012
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