Bill Text: IL HB5354 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Food Handling Regulation Enforcement Act. Defines "home kitchen operation" and provides that neither the Department of Public Health nor the health department of a unit of local government may regulate the service of food by a home kitchen operation. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-06-10 - Public Act . . . . . . . . . 98-0643 [HB5354 Detail]

Download: Illinois-2013-HB5354-Chaptered.html

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Public Act 098-0643
HB5354 Enrolled LRB098 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.