Bill Amendment: IL HB3063 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FARMERS MARKETS-COTTAGE FOOD

Status: 2017-08-04 - Public Act . . . . . . . . . 100-0035 [HB3063 Detail]

Download: Illinois-2017-HB3063-House_Amendment_001.html

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Rep. Will Guzzardi

Filed: 3/21/2017

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AMENDMENT TO HOUSE BILL 3063
AMENDMENT NO. ______. Amend House Bill 3063 by replacing
everything after the enacting clause with the following:
"Section 5. The Food Handling Regulation Enforcement Act is
amended by changing Sections 3.6 and 4 as follows:
(410 ILCS 625/3.6)
Sec. 3.6. Home kitchen operation.
(a) For the purpose of this Section, "home kitchen
operation" means a person who produces or packages
non-potentially hazardous baked goods, as allowed by
subsection (a-5), in a kitchen of that person's primary
domestic residence for direct sale by the owner or a family
member. As used in this Section, "baked good" has the meaning
given to that term under subparagraph (C) of paragraph (1) of
subsection (b) of Section 4 of this Act. A home kitchen
operation does not include a person who produces or packages

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non-potentially hazardous baked goods for sale by a religious,
charitable, or nonprofit organization for fundraising
purposes; the production or packaging of non-potentially
hazardous baked goods for these purposes is exempt from the
requirements of this Act. 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 a non-potentially hazardous baked good,
as described in Section 4 of this Act.
(3) A notice is provided to the purchaser that the
product was produced in a home kitchen.
(4) The food package is affixed with a label or other
written notice is provided to the purchaser that includes:
(i) the common or usual name of the food product;
and
(ii) allergen labeling as specified in federal
labeling requirements by the United States Food and
Drug Administration.
(5) The food is sold directly to the consumer.
(6) The food is stored in the residence where it is
produced or packaged.
(a-5) Baked goods, such as, but not limited to, breads,
cookies, cakes, pies, and pastries are allowed. Only high-acid
fruit pies that use the following fruits are allowed: apple,
apricot, grape, peach, plum, quince, orange, nectarine,
tangerine, blackberry, raspberry, blueberry, boysenberry,

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cherry, cranberry, strawberry, red currants, or a combination
of these fruits.
(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 requirements of this Section apply only to a home
kitchen operation located in a municipality, township, or
county where the local governing body having the jurisdiction
to enforce this Act or the rules adopted under this Act has
adopted an ordinance authorizing home kitchen operations.
(Source: P.A. 98-643, eff. 6-10-14; 99-78, eff. 7-20-15;
99-191, eff. 1-1-16.)
(410 ILCS 625/4)
Sec. 4. Cottage food operation.
(a) For the purpose of this Section:
"Cottage food operation" means an operation conducted by a
person who produces or packages non-potentially hazardous 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 residential or
commercial-style kitchen on that property for direct sale by
the owner, a family member, or employee stored in the residence
or appropriately designed and equipped residential or

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commercial-style kitchen on that property where the food is
made.
"Department" means the Department of Public Health.
"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.
"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.
"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.
(b) 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 service of food or drink by a cottage
food operation providing that all of the following conditions
are met:
(1) (Blank). The food is a non-potentially hazardous
baked good, jam, jelly, preserve, fruit butter, dry herb,
dry herb blend, dry tea blend, or similar product as

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adopted and specified by Department rules pursuant to
subsection (e) of this Section, and is intended for end-use
only. The following provisions shall apply:
(A) The following jams, jellies and preserves are
allowed: apple, apricot, grape, peach, plum, quince,
orange, nectarine, tangerine, blackberry, raspberry,
blueberry, boysenberry, cherry, cranberry, strawberry,
red currants, or a combination of these fruits. Any
other jams, jellies, or preserves not listed may be
produced by a cottage food operation provided their
recipe has been tested and documented by a commercial
laboratory, at the expense of the cottage food
operation, as being not potentially hazardous,
containing a pH equilibrium of less than 4.6 or has
been specified and adopted as allowed in
administrative rules by the Department pursuant to
subsection (e) of this Section.
(B) The following fruit butters are allowed:
apple, apricot, grape, peach, plum, quince, and prune.
Pumpkin butter, banana butter, and pear butter are not
allowed. Fruit butters not listed may be produced by a
cottage food operation provided their recipe has been
tested and documented by a commercial laboratory, at
the expense of the cottage food operation, as being not
potentially hazardous, containing a pH equilibrium of
less than 4.6 or has been specified and adopted as

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allowed in administrative rules by the Department
pursuant to subsection (e) of this Section.
(C) Baked goods, such as, but not limited to,
breads, cookies, cakes, pies, and pastries are
allowed. Only high-acid fruit pies that use the
following fruits are allowed: apple, apricot, grape,
peach, plum, quince, orange, nectarine, tangerine,
blackberry, raspberry, blueberry, boysenberry, cherry,
cranberry, strawberry, red currants or a combination
of these fruits. Fruit pies not listed may be produced
by a cottage food operation provided their recipe has
been tested and documented by a commercial laboratory,
at the expense of the cottage food operation, as being
not potentially hazardous, containing a pH equilibrium
of less than 4.6 or has been specified and adopted as
allowed in administrative rules by the Department
pursuant to subsection (e) of this Section. The
following are potentially hazardous and prohibited
from production and sale by a cottage food operation:
pumpkin pie, sweet potato pie, cheesecake, custard
pies, creme pies, and pastries with potentially
hazardous fillings or toppings.
(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

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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;
(C) eggs, except as an ingredient in a
non-potentially hazardous baked good or in dry
noodles;
(D) pumpkin pies, sweet potato pies, cheesecakes,
custard pies, creme pies, and pastries with
potentially hazardous fillings or toppings;
(E) garlic in oil;
(F) canned foods, except for fruit jams, fruit
jellies, fruit preserves, fruit butters, and acidified
vegetables;
(G) sprouts;
(H) cut leafy greens, except for leafy greens that
are dehydrated or blanched and frozen;
(I) cut fresh tomato or melon;
(J) dehydrated tomato or melon;
(K) frozen cut melon;
(L) wild-harvested, non-cultivated mushrooms; or
(M) alcoholic beverages.
(2) The food is to be sold at a farmers' market, with

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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). Gross receipts from the sale of food
exempted under this Section do not exceed $36,000 in a
calendar year.
(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

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selling products as a cottage food operation is 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,

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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.
(e) The Department may adopt rules as may be necessary to
implement the provisions of this Section.
(Source: P.A. 98-660, eff. 6-23-14; 99-191, eff. 1-1-16.)".