Bill Text: IL HB5354 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html
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-Enrolled.html
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| 1 | AN ACT concerning public health.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Food Handling Regulation Enforcement Act is | ||||||
| 5 | amended by adding Section 3.4 as follows:
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| 6 | (410 ILCS 625/3.4 new) | ||||||
| 7 | Sec. 3.4. Home kitchen operation. | ||||||
| 8 | (a) For the purpose of this Section, "home kitchen | ||||||
| 9 | operation" means a person who produces or packages | ||||||
| 10 | non-potentially hazardous food in a kitchen of that person's | ||||||
| 11 | primary domestic residence for direct sale by the owner or a | ||||||
| 12 | family member, or for sale by a religious, charitable, or | ||||||
| 13 | nonprofit organization, stored in the residence where the food | ||||||
| 14 | is made. The following conditions must be met in order to | ||||||
| 15 | qualify as a home kitchen operation: | ||||||
| 16 | (1) Monthly gross sales do not exceed $1,000. | ||||||
| 17 | (2) The food is not a potentially hazardous baked food, | ||||||
| 18 | as defined in Section 4 of this Act. | ||||||
| 19 | (3) A notice is provided to the purchaser that the | ||||||
| 20 | product was produced in a home kitchen. | ||||||
| 21 | (b) The Department of Public Health or the health | ||||||
| 22 | department of a unit of local government may inspect a home | ||||||
| 23 | kitchen operation in the event of a complaint or disease | ||||||
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| 1 | outbreak. | ||||||
| 2 | (c) This Section applies only to a home kitchen operation | ||||||
| 3 | located in a municipality, township, or county where the local | ||||||
| 4 | governing body has adopted an ordinance authorizing the direct | ||||||
| 5 | sale of baked goods as described in Section 4 of this Act.
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| 6 | Section 99. Effective date. This Act takes effect upon | ||||||
| 7 | becoming law.
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