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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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Sen. Donne E. Trotter

Filed: 5/9/2014

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AMENDMENT TO HOUSE BILL 5354
AMENDMENT NO. ______. Amend House Bill 5354 by replacing
everything after the enacting clause with the following:
"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.

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(2) The food is a non-potentially hazardous baked food,
as defined in Section 4 of this Act.
(3) A written notice is provided to the purchaser that
the product was produced in a home kitchen.
(4) The non-potentially hazardous baked 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 home kitchen
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 home kitchen operation is registered
with the unit of local government where the home kitchen
operation resides.

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(6) The person preparing and selling products as a home
kitchen operation has a Department of Public Health
approved Food Service Sanitation Management Certificate.
(7) The home kitchen operation shall register with the
State-certified local public health department, which may
include a reasonable fee set by the State-certified local
public health department.
(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) The provision for direct sales in 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.".