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Public Act 102-0633


 

Public Act 0633 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0633
 
SB2007 EnrolledLRB102 12761 CPF 18100 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;
or (ii) it is fermented to produce a final equilibrium pH of
4.6 or below.
    "Canned food" means food preserved in air-tight,
vacuum-sealed containers that has been are 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 residential or
commercial-style kitchen on that property 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.
    "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.
    "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.
    "Main ingredient" means an agricultural product that is
the defining or distinctive ingredient in a cottage food
product, though not necessarily by predominance of weight.
    "Microgreen" means an edible plant seedling grown in soil
or substrate and harvested above the soil or substrate line.
    "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.
    (b) A cottage food operation may produce homemade food and
drink provided that all of the following conditions are met:
Notwithstanding any other provision of law and except as
provided in subsections (c), (d), and (e) of this Section,
neither the Department nor the Department of Agriculture nor
the health department of a unit of local government may
regulate the transaction of food or drink by a cottage food
operation providing 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. A copy of the certificate of
    registration must be available upon request by any local
    health department.
        (1.5) A cottage food operation may produce homemade
    food and drink. However, a cottage food operation, unless
    properly licensed, certified, and compliant with all
    requirements to sell a listed food item under the laws and
    regulations pertinent to that food item, 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, such as
        caramel, subject to paragraph (4), or as an ingredient
        in a baked good frosting, such as buttercream (1.8);
            (C) eggs, except as an ingredient in a
        non-potentially hazardous food, including baked good
        or in 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
        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; canned foods, except
        for the following, which may be canned only in
        Mason-style jars with new lids:
                (i) fruit jams, fruit jellies, fruit
            preserves, or fruit butters;
                (ii) syrups;
                (iii) whole or cut fruit canned in syrup;
                (iv) acidified fruit or vegetables prepared
            and offered for sale in compliance with paragraph
            (1.6); and
                (v) condiments such as prepared mustard,
            horseradish, or ketchup that do not contain
            ingredients prohibited under this Section and that
            are prepared and offered for sale in compliance
            with paragraph (1.6);
            (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 paragraph (2) of 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
    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.
        (12) Only food that is 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.
    (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 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.
        (1.7) A State-certified local public health department
    that regulates the service of food by a cottage food
    operation in accordance with subsection (d) of this
    Section may require a cottage food operation to submit a
    canned food that is subject to paragraph (1.6), at the
    cottage food operator's expense, to a commercial
    laboratory to verify that the product has a final
    equilibrium pH of 4.6 or below.
        (1.8) A State-certified local public health department
    that regulates the service of food by a cottage food
    operation in accordance with subsection (d) of this
    Section may require a cottage food operation to submit a
    recipe for any baked good containing cheese, at the
    cottage food operator's expense, to a commercial
    laboratory to verify that it is non-potentially hazardous
    before allowing the cottage food operation to sell the
    baked good as a cottage food.
        (2) The food is to be sold at a farmers' market, with
    the exception that cottage foods that have a locally grown
    agricultural product as the main ingredient may be sold on
    the farm where the agricultural product is grown or
    delivered directly to the consumer.
        (3) (Blank).
        (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 are
    registered with the health department of a unit of local
    government where the cottage food operation resides. No
    fees shall be charged for registration. Registration shall
    be for a minimum period of one year.
        (6) The person preparing or packaging products as a
    cottage food operation has a Department 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 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 of cottage food
products 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,
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
    shall be for a minimum of one year and include a reasonable
    fee set by the State-certified local public health
    department that is no greater than $25 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.
    (i) (e) The Department may adopt rules as may be necessary
to implement the provisions of this Section.
(Source: P.A. 100-35, eff. 1-1-18; 100-1069, eff. 8-24-18;
101-81, eff. 7-12-19.)
 
    Section 99. Effective date. This Act takes effect January
1, 2022.

Effective Date: 1/1/2022