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

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-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5354 Introduced , by Rep. Charles E. Meier SYNOPSIS AS INTRODUCED:
410 ILCS 625/3.4 new
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.
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HOME RULE NOTE ACT MAY APPLY
A BILL FOR
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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) Notwithstanding any other provision of law, 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

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kitchen operation.
Section 99. Effective date. This Act takes effect upon
becoming law.