Rep. Sonya M. Harper
Filed: 4/15/2024
 
 
 




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1
AMENDMENT TO HOUSE BILL 5052 


2 AMENDMENT NO. ______. Amend House Bill 5052 by replacing 
3everything after the enacting clause with the following:

4 "Section 5. The Illinois Procurement Code is amended by 
5changing Sections 1-13 and 20-5 and by adding Article 54 as 
6follows:

7 (30 ILCS 500/1-13)
8 Sec. 1-13. Applicability to public institutions of higher 
9education. 
10 (a) This Code shall apply to public institutions of higher 
11education, regardless of the source of the funds with which 
12contracts are paid, except as provided in this Section.
13 (b) Except as provided in this Section, this Code shall 
14not apply to procurements made by or on behalf of public 
15institutions of higher education for any of the following:
16  (1) Memberships in professional, academic, research, 
 
 
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1 or athletic organizations on behalf of a public 
2 institution of higher education, an employee of a public 
3 institution of higher education, or a student at a public 
4 institution of higher education.
5  (2) Procurement expenditures for events or activities 
6 paid for exclusively by revenues generated by the event or 
7 activity, gifts or donations for the event or activity, 
8 private grants, or any combination thereof.
9  (3) Procurement expenditures for events or activities 
10 for which the use of specific potential contractors is 
11 mandated or identified by the sponsor of the event or 
12 activity, provided that the sponsor is providing a 
13 majority of the funding for the event or activity.
14  (4) Procurement expenditures necessary to provide 
15 athletic, artistic or musical services, performances, 
16 events, or productions by or for a public institution of 
17 higher education.
18  (5) Procurement expenditures for periodicals, books, 
19 subscriptions, database licenses, and other publications 
20 procured for use by a university library or academic 
21 department, except for expenditures related to procuring 
22 textbooks for student use or materials for resale or 
23 rental.
24  (6) Procurement expenditures for placement of students 
25 in externships, practicums, field experiences, and for 
26 medical residencies and rotations. 
 
 
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1  (7) Contracts for programming and broadcast license 
2 rights for university-operated radio and television 
3 stations. 
4  (8) Procurement expenditures necessary to perform 
5 sponsored research and other sponsored activities under 
6 grants and contracts funded by the sponsor or by sources 
7 other than State appropriations.
8  (9) Contracts with a foreign entity for research or 
9 educational activities, provided that the foreign entity 
10 either does not maintain an office in the United States or 
11 is the sole source of the service or product. 
12  (10) Procurement expenditures for any ongoing software 
13 license or maintenance agreement or competitively 
14 solicited software purchase, when the software, license, 
15 or maintenance agreement is available through only the 
16 software creator or its manufacturer and not a reseller. 
17  (11) Procurement expenditures incurred outside of the 
18 United States for the recruitment of international 
19 students. 
20  (12) Procurement expenditures for contracts entered 
21 into under the Public University Energy Conservation Act. 
22  (13) Procurement expenditures for advertising 
23 purchased directly from a media station or the owner of 
24 the station for distribution of advertising. 
25Notice of each contract with an annual value of more than 
26$100,000 entered into by a public institution of higher 
 
 
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1education that is related to the procurement of goods and 
2services identified in items (1) through (13) of this 
3subsection shall be published in the Procurement Bulletin 
4within 14 calendar days after contract execution. The Chief 
5Procurement Officer shall prescribe the form and content of 
6the notice. Each public institution of higher education shall 
7provide the Chief Procurement Officer, on a monthly basis, in 
8the form and content prescribed by the Chief Procurement 
9Officer, a report of contracts that are related to the 
10procurement of goods and services identified in this 
11subsection. At a minimum, this report shall include the name 
12of the contractor, a description of the supply or service 
13provided, the total amount of the contract, the term of the 
14contract, and the exception to the Code utilized. A copy of any 
15or all of these contracts shall be made available to the Chief 
16Procurement Officer immediately upon request. The Chief 
17Procurement Officer shall submit a report to the Governor and 
18General Assembly no later than November 1 of each year that 
19shall include, at a minimum, an annual summary of the monthly 
20information reported to the Chief Procurement Officer.
21 (b-5) Except as provided in this subsection, the 
22provisions of this Code shall not apply to contracts for 
23medical supplies or to contracts for medical services 
24necessary for the delivery of care and treatment at medical, 
25dental, or veterinary teaching facilities used by Southern 
26Illinois University or the University of Illinois or at any 
 
 
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1university-operated health care center or dispensary that 
2provides care, treatment, and medications for students, 
3faculty, and staff. Furthermore, the provisions of this Code 
4do not apply to the procurement by such a facility of any 
5additional supplies or services that the operator of the 
6facility deems necessary for the effective use and functioning 
7of the medical supplies or services that are otherwise exempt 
8from this Code under this subsection (b-5). However, other 
9supplies and services needed for these teaching facilities 
10shall be subject to the jurisdiction of the Chief Procurement 
11Officer for Public Institutions of Higher Education who may 
12establish expedited procurement procedures and may waive or 
13modify certification, contract, hearing, process and 
14registration requirements required by the Code. All 
15procurements made under this subsection shall be documented 
16and may require publication in the Illinois Procurement 
17Bulletin. 
18 (b-10) Procurements made by or on behalf of the University 
19of Illinois for investment services may be entered into or 
20renewed without being subject to the requirements of this 
21Code. Notice of intent to renew a contract shall be published 
22in the Illinois Public Higher Education Procurement Bulletin 
23at least 14 days prior to the execution of a renewal, and the 
24University of Illinois shall hold a public hearing for 
25interested parties to provide public comment. Any contract 
26extended, renewed, or entered pursuant to this exception shall 
 
 
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1be published in the Illinois Public Higher Education 
2Procurement Bulletin within 5 days of contract execution. 
3 (c) Procurements made by or on behalf of public 
4institutions of higher education for the fulfillment of a 
5grant shall be made in accordance with the requirements of 
6this Code to the extent practical.
7 Upon the written request of a public institution of higher 
8education, the Chief Procurement Officer may waive contract, 
9registration, certification, and hearing requirements of this 
10Code if, based on the item to be procured or the terms of a 
11grant, compliance is impractical. The public institution of 
12higher education shall provide the Chief Procurement Officer 
13with specific reasons for the waiver, including the necessity 
14of contracting with a particular potential contractor, and 
15shall certify that an effort was made in good faith to comply 
16with the provisions of this Code. The Chief Procurement 
17Officer shall provide written justification for any waivers. 
18By November 1 of each year, the Chief Procurement Officer 
19shall file a report with the General Assembly identifying each 
20contract approved with waivers and providing the justification 
21given for any waivers for each of those contracts. Notice of 
22each waiver made under this subsection shall be published in 
23the Procurement Bulletin within 14 calendar days after 
24contract execution. The Chief Procurement Officer shall 
25prescribe the form and content of the notice.
26 (d) Notwithstanding this Section, a waiver of the 
 
 
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1registration requirements of Section 20-160 does not permit a 
2business entity and any affiliated entities or affiliated 
3persons to make campaign contributions if otherwise prohibited 
4by Section 50-37. The total amount of contracts awarded in 
5accordance with this Section shall be included in determining 
6the aggregate amount of contracts or pending bids of a 
7business entity and any affiliated entities or affiliated 
8persons.
9 (e) Notwithstanding subsection (e) of Section 50-10.5 of 
10this Code, the Chief Procurement Officer, with the approval of 
11the Executive Ethics Commission, may permit a public 
12institution of higher education to accept a bid or enter into a 
13contract with a business that assisted the public institution 
14of higher education in determining whether there is a need for 
15a contract or assisted in reviewing, drafting, or preparing 
16documents related to a bid or contract, provided that the bid 
17or contract is essential to research administered by the 
18public institution of higher education and it is in the best 
19interest of the public institution of higher education to 
20accept the bid or contract. For purposes of this subsection, 
21"business" includes all individuals with whom a business is 
22affiliated, including, but not limited to, any officer, agent, 
23employee, consultant, independent contractor, director, 
24partner, manager, or shareholder of a business. The Executive 
25Ethics Commission may promulgate rules and regulations for the 
26implementation and administration of the provisions of this 
 
 
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1subsection (e).
2 (e-5) Procurements made by or on behalf of public 
3institutions of higher education for food shall be made in 
4accordance with Article 54. 
5 (f) As used in this Section:
6 "Grant" means non-appropriated funding provided by a 
7federal or private entity to support a project or program 
8administered by a public institution of higher education and 
9any non-appropriated funding provided to a sub-recipient of 
10the grant.
11 "Public institution of higher education" means Chicago 
12State University, Eastern Illinois University, Governors State 
13University, Illinois State University, Northeastern Illinois 
14University, Northern Illinois University, Southern Illinois 
15University, University of Illinois, Western Illinois 
16University, and, for purposes of this Code only, the Illinois 
17Mathematics and Science Academy.
18 (g) (Blank).
19 (h) The General Assembly finds and declares that: 
20  (1) Public Act 98-1076, which took effect on January 
21 1, 2015, changed the repeal date set for this Section from 
22 December 31, 2014 to December 31, 2016. 
23  (2) The Statute on Statutes sets forth general rules 
24 on the repeal of statutes and the construction of multiple 
25 amendments, but Section 1 of that Act also states that 
26 these rules will not be observed when the result would be 
 
 
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1 "inconsistent with the manifest intent of the General 
2 Assembly or repugnant to the context of the statute". 
3  (3) This amendatory Act of the 100th General Assembly 
4 manifests the intention of the General Assembly to remove 
5 the repeal of this Section. 
6  (4) This Section was originally enacted to protect, 
7 promote, and preserve the general welfare. Any 
8 construction of this Section that results in the repeal of 
9 this Section on December 31, 2014 would be inconsistent 
10 with the manifest intent of the General Assembly and 
11 repugnant to the context of this Code. 
12 It is hereby declared to have been the intent of the 
13General Assembly that this Section not be subject to repeal on 
14December 31, 2014. 
15 This Section shall be deemed to have been in continuous 
16effect since December 20, 2011 (the effective date of Public 
17Act 97-643), and it shall continue to be in effect 
18henceforward until it is otherwise lawfully repealed. All 
19previously enacted amendments to this Section taking effect on 
20or after December 31, 2014, are hereby validated. 
21 All actions taken in reliance on or pursuant to this 
22Section by any public institution of higher education, person, 
23or entity are hereby validated. 
24 In order to ensure the continuing effectiveness of this 
25Section, it is set forth in full and re-enacted by this 
26amendatory Act of the 100th General Assembly. This 
 
 
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1re-enactment is intended as a continuation of this Section. It 
2is not intended to supersede any amendment to this Section 
3that is enacted by the 100th General Assembly. 
4 In this amendatory Act of the 100th General Assembly, the 
5base text of the reenacted Section is set forth as amended by 
6Public Act 98-1076. Striking and underscoring is used only to 
7show changes being made to the base text. 
8 This Section applies to all procurements made on or before 
9the effective date of this amendatory Act of the 100th General 
10Assembly. 
11(Source: P.A. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22; 
12102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.)

13 (30 ILCS 500/20-5)
14 Sec. 20-5. Method of source selection. Unless otherwise 
15authorized by law, all State contracts shall be awarded by 
16competitive sealed bidding, in accordance with Section 20-10, 
17except as provided in Sections 20-15, 20-20, 20-25, 20-30, 
1820-35, 30-15, and 40-20, and 54-15. The chief procurement 
19officers appointed pursuant to Section 10-20 may determine the 
20method of solicitation and contract for all procurements 
21pursuant to this Code. 
22(Source: P.A. 98-1076, eff. 1-1-15.)

23 (30 ILCS 500/Art. 54 heading new)
24
ARTICLE 54.  FOOD PROCUREMENT


 
 
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1 (30 ILCS 500/54-5 new)
2 Sec. 54-5. Applicability. All State agencies and 
3State-owned facility food contracts, including public 
4institutions of higher education, shall be procured in 
5accordance with the provisions of this Article.

6 (30 ILCS 500/54-10 new)
7 Sec. 54-10. Authority. State agency purchasing officers 
8and State-owned facility purchasing officers shall have the 
9authority to procure food.

10 (30 ILCS 500/54-15 new)
11 Sec. 54-15. Method of source selection. All State agency 
12and State-owned facility food contracts shall be awarded by a 
13competitive sealed proposal process in accordance with Section 
1420-15 of this Code.

15 Section 10. The Local Food, Farms, and Jobs Act is amended 
16by changing Sections 1 and 5 and by adding Sections 12 and 35 
17as follows:

18 (30 ILCS 595/1)
19 Sec. 1. Short title. This Act may be cited as the "Local 
20Food, Farms, and Jobs Act". This Act may be referred to as the 
21Good Food Purchasing Law. 
 
 
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1(Source: P.A. 96-579, eff. 8-18-09.)

2 (30 ILCS 595/5)
3 Sec. 5. Definitions. As used in this Act: 
4 "Good food purchasing core values" means procurement based 
5on all of the following criteria: 
6  (1) prioritizing local suppliers, especially small or 
7 mid-sized farms, food manufacturers, or food businesses 
8 that are privately or cooperatively operated or that are 
9 operated as not-for-profits and that are located within 
10 (i) a 250-mile radius of the location where the food will 
11 be consumed for food other than meat, poultry, or seafood 
12 or (ii) a 500-mile radius of the location where the food 
13 will be consumed for meat, poultry, or seafood;
14  (2) prioritizing suppliers who are entrepreneurs of 
15 color and community members who are most impacted by 
16 current and historic economic marginalization, barriers to 
17 leveraging institutional buying power, and a lack of 
18 infrastructure, financial resources, staff time, and land;
19  (3) supporting community members, food producers, and 
20 food workers who have experienced negative systemic social 
21 or economic impacts and building partnerships with those 
22 community members to ensure that food products and menus 
23 reflect the interests and cultures of everyone they serve;
24  (4) identifying pathways for purchasing from small and 
25 community-based suppliers for products that cannot be 
 
 
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1 grown or harvested within the mileage limitations set 
2 forth in item (1), such as seafood, coffee, cocoa, and 
3 sugar; 
4  (5) prioritizing suppliers that consider: (A) 
5 community health and universal rights to clean air and 
6 water; (B) reduction or elimination of synthetic 
7 pesticides and fertilizers; (C) improved soil health and 
8 carbon sequestration; (D) reduced fossil fuel energy 
9 inputs and protection of water resources; (E) biodiversity 
10 and ecological resilience; (F) food waste reduction; (vii) 
11 greenhouse gas emission reduction; and (G) reduction or 
12 elimination of single-use plastics and other 
13 resource-intensive packaging and reduction of the carbon 
14 and water footprint of food purchases; 
15  (6) prioritizing producers and vendors that: (A) 
16 comply with labor laws, including minimum wage laws, 
17 through contractual requirements and enforcement; (B) 
18 honor the right to freedom of association; (C) provide 
19 workers with the ability to organize a union and to 
20 bargain collectively, free from reprisal, for livable 
21 wages and safe and healthy working conditions; (D) uphold 
22 and implement workers' rights principles; and (E) 
23 implement cooperative ownership, democratic 
24 decision-making, and migrant, racial, and gender justice; 
25  (7) prioritizing sourcing from farms and ranches that 
26 provide healthy and more humane conditions for farm 
 
 
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1 animals throughout the lives of the animals through 
2 nutrition, physical environments that provide animals with 
3 enough space and enrichments to carry out their natural 
4 behaviors, pain control and responsible therapeutic 
5 antibiotic use, and humane handling, transport, and 
6 slaughter; 
7  (8) promoting community health, nutrition, equitable 
8 access, and food sovereignty by prioritizing high-quality 
9 and culturally-relevant whole or minimally processed 
10 foods, including vegetables, fruit, and whole grains, and 
11 plant-forward meals; preservation methods such as canning 
12 and bottling using oils, sugar, or salt are not permitted; 
13 and 
14  (9) in general, prioritizing products that are 
15 certified under certifications currently endorsed by the 
16 Center for Good Food Purchasing. 
17 "Good food purchasing equity, accountability, and 
18transparency" means: 
19  (1) having or developing a supplier or vendor 
20 diversification plan with goals that include reporting and 
21 accountability measures; measures should be disaggregated 
22 by demographic group, including race and gender; 
23  (2) planning implementation that prioritizes purchases 
24 and addresses barriers to entry for suppliers who have 
25 experienced negative systemic social or economic impacts 
26 including, but not limited to, women, veterans, persons 
 
 
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1 with disabilities, and especially people of color, across 
2 all supply chains and to the greatest extent possible; 
3  (3) sharing purchasing data, assessments, purchasing 
4 targets, and implementation plans in a publicly accessible 
5 location, including online, with community members to 
6 facilitate engagement and transparency; 
7  (4) engaging with community members, including, but 
8 not limited to, people served by meal programs, food 
9 service workers, constituents, and local food businesses, 
10 in informing values-based purchasing decisions and 
11 processes; 
12  (5) developing and implementing comprehensive 
13 institutional policies that reflect community needs and 
14 values and prioritize transparency, racial equity, local 
15 economies, environmental sustainability, valued 
16 workforce, animal welfare, and community health and 
17 nutrition within their operations and food procurement; 
18 and 
19  (6) ensuring that institutional policies are embedded 
20 in agreements for contracted food services and that 
21 mechanisms are developed to ensure compliance and 
22 accountability through reporting and active contract 
23 management. 
24 "Minimally processed foods" means foods that are unaltered 
25or slightly altered from the food's natural state through such 
26processes as removal of inedible or unwanted parts, drying, 
 
 
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1powdering, squeezing, crushing, grinding, fractioning, 
2steaming, poaching, boiling, roasting, pasteurization, 
3chilling, freezing, placing in containers, vacuum packaging, 
4nonalcoholic fermentation, and other methods that do not add 
5to the original food, salt, sugar oils or fats, or food 
6substances, other than additives that prolong product 
7duration, protect original properties, or prevent 
8proliferation of microorganisms. "Minimally processed foods" 
9include, but are not limited to, whole grains or flours; fresh 
10or frozen fruits and vegetables; meat, poultry, fish, and 
11seafood, whole or in the form of steaks, fillets, and other 
12cuts; fresh or pasteurized milk, eggs, fresh or pasteurized 
13plain yogurt, legumes, and nuts and seeds. "Minimally 
14processed foods" also includes foods made of 2 or more items in 
15this group, such as dried mixed fruits, and foods with 
16vitamins and minerals generally added to replace nutrients 
17lost during minimal processing, such as flour fortified with 
18iron and folic acid. 
19"Local farm or food products" are products: (1) grown in 
20Illinois; or (2) processed and packaged in Illinois, using at 
21least one ingredient grown in Illinois.
22(Source: P.A. 101-258, eff. 1-1-20.)

23 (30 ILCS 595/12 new)
24 Sec. 12. Good food purchasing.
25 (a) No later than one year after the effective date of this 
 
 
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1amendatory Act of the 103rd General Assembly, each State 
2agency and State-owned facility that purchases food, 
3including, without limitation, facilities for persons with 
4mental health and developmental disabilities, correctional 
5facilities, and public institutions of higher education, 
6including community colleges, shall have a timely plan for 
7undergoing a good food purchasing baseline assessment, 
8conducted by a national organization equipped to conduct such 
9an assessment, to determine current alignment with good food 
10purchasing core values and good food purchasing equity, 
11transparency, and accountability and to ascertain how to 
12better meet the good food purchasing core values and good food 
13purchasing equity, transparency, and accountability. 
14 (b) No later than one year after completion of the 
15baseline assessment under subsection (a), each State agency 
16and State-owned facility shall develop and adopt a multi-year 
17action plan with benchmarks to align food purchasing processes 
18with good food purchasing equity, transparency, and 
19accountability and food purchases with good food purchasing 
20core values. 
21 (c) Upon adoption of the multi-year action plan required 
22under subsection (b) of this Section, each State agency and 
23State-owned facility shall procure food under Section 20-15 of 
24the Illinois Procurement Code. 
25 (d) The year after completing the multi-year action plan 
26and each year thereafter, each State agency and State-owned 
 
 
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1facility shall undergo a good food purchasing assessment and 
2update its multi-year action plan to annually increase the 
3procurement of food that meets the good food purchasing core 
4values and good food purchasing equity, transparency, and 
5accountability. 
6 (e) To meet the goals set forth in this Section, when a 
7State contract for purchase of food is to be awarded to the 
8lowest responsible bidder or proposer, an otherwise qualified 
9bidder or proposer who will fulfill the contract through the 
10use of food that aligns with Good Food Purchasing core values 
11may be given preference over other bidders or proposers. 
12 (f) To facilitate reporting required under this Section, 
13all State agencies and State-owned facilities that purchase 
14food shall include in all invitations for bids, requests for 
15proposals, and contracts a requirement for vendor 
16data-sharing, including, but not limited to, product types, 
17quantities, sizes, prices, origin, processors, and 
18distributors. 
19 (g) On each January 1 following adoption of a multi-year 
20action plan, each State agency and State-owned facility that 
21purchases food shall publish in its procurement bulletin and 
22on its website notice of its purchases of food in the 
23immediately preceding fiscal year, its good food purchasing 
24baseline and annual assessments, and its multi-year action 
25plan. 
26 (h) Under the procedures laid out in under subsection (h) 
 
 
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1of Section 5-5 of the Illinois Procurement Code, the 
2Procurement Policy Board may review a proposal, bid, or 
3contract and issue a recommendation to void a contract or 
4reject a proposal or bid based on a vendor, proposer or 
5bidder's current violation or history of violation of federal, 
6State, or local law, including, but not limited to, federal 
7labor laws under Title 29 of the United States Code and the 
8Minimum Wage Law. 

9 (30 ILCS 595/35 new)
10 Sec. 35. Good Food Purchasing Task Force.
11 (a) The Good Food Purchasing Task Force created by House 
12Joint Resolution 33 adopted in the 102nd General Assembly is 
13reestablished and shall continue with its study of current 
14procurement of food within the State and to explore how good 
15food purchasing can be implemented to maximize the procurement 
16of healthy foods that are sustainably, locally, and equitably 
17sourced. 
18 (b) Any action taken in reliance on House Joint Resolution 
1933 of the 102nd General Assembly after January 1, 2023 by any 
20person or entity is hereby validated. 
21 (c) The Task Force shall consist of the following members, 
22who shall serve without compensation: 
23  (1) the Lieutenant Governor or his or her designee; 
24  (2) the Speaker of the House of Representatives or his 
25 or her designee; 
 
 
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1  (3) the Minority Leader of the House of 
2 Representatives or his or her designee; 
3  (4) the Senate President or his or her designee; 
4  (5) the Senate Minority Leader or his or her designee; 
5  (6) one member nominated by a statewide local food 
6 advocacy organization and appointed by the Lieutenant 
7 Governor; 
8  (7) one member nominated by a national multi-sector 
9 food advocacy organization and appointed by the Lieutenant 
10 Governor; 
11  (8) one member nominated by a Chicago-based food 
12 advocacy organization and appointed by the Lieutenant 
13 Governor; 
14  (9) one member nominated by a statewide environmental 
15 advocacy organization and appointed by the Lieutenant 
16 Governor; 
17  (10) one member nominated by a statewide labor 
18 organization that represents food workers and appointed by 
19 the Lieutenant Governor; 
20  (11) one member nominated by a national farm-animal 
21 welfare organization and appointed by the Lieutenant 
22 Governor; 
23  (12) the Director of Commerce and Economic Opportunity 
24 or his or her designee; 
25  (13) the Director of the Environmental Protection 
26 Agency or his or her designee; 
 
 
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1  (14) the Director of Public Health or his or her 
2 designee; 
3  (15) the Director of Natural Resources or his or her 
4 designee; 
5  (16) the Chief Procurement Officer for General 
6 Services or his or her designee; 
7  (17) the Chief Procurement Officer for Higher 
8 Education or his or her designee; 
9  (18) the Chief Procurement Officer for the Secretary 
10 of State's Office or his or her designee; 
11  (19) the Chief Procurement Officer for the Department 
12 of Corrections or his or her designee; 
13  (20) the Chief Procurement Officer for the Department 
14 of Human Services or his or her designee; 
15  (21) the Chief Procurement Officer for Central 
16 Management Services or his or her designee; 
17  (22) the Director of the Department of Agriculture or 
18 his or her designee; and 
19  (23) one member nominated by a statewide organization 
20 that advocates for healthy nutrition and appointed by 
21 Lieutenant Governor. 
22 Members of the Task Force shall serve without 
23compensation. The Task Force members shall select a 
24chairperson at the first meeting of the Task Force. Any member 
25appointed under House Joint Resolution 33 of the 102nd General 
26Assembly who was a member of the Task Force at the end of the 
 
 
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1102nd General Assembly shall continue to serve on the Task 
2Force until the appointed member resigns or is otherwise 
3removed from the Task Force. 
4 (d) The Department of Agriculture shall provide 
5administrative support for the Task Force. 
6 (e) The task force shall submit its interim report to the 
7Governor and General Assembly no later than July 1, 2025 and 
8its final report to the Governor and General Assembly no later 
9than July 1, 2026. Following submission of the final report, 
10the Task Force shall continue to meet to monitor and support 
11implementation of this Act. 

12 (30 ILCS 595/10 rep.)
13 Section 15. The Local Food, Farms, and Jobs Act is amended 
14by repealing Section 10.

15 Section 20. The Food Handling Regulation Enforcement Act 
16is amended by changing Section 4 as follows:

17 (410 ILCS 625/4)
18 Sec. 4. Cottage food operation.
19 (a) For the purpose of this Section:
20 A food is "acidified" if: (i) acid or acid ingredients are 
21added to it to produce a final equilibrium pH of 4.6 or below; 
22or (ii) it is fermented to produce a final equilibrium pH of 
234.6 or below. 
 
 
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1 "Canned food" means food that has been heat processed 
2sufficiently under United States Department of Agriculture 
3guidelines to enable storing the food at normal home 
4temperatures. 
5 "Cottage food operation" means an operation conducted by a 
6person who produces or packages food or drink, other than 
7foods and drinks listed as prohibited in paragraph (1.5) of 
8subsection (b) of this Section, in a kitchen located in that 
9person's primary domestic residence or another appropriately 
10designed and equipped kitchen on a farm for direct sale by the 
11owner, a family member, or employee.
12 "Cut leafy greens" means fresh leafy greens whose leaves 
13have been cut, shredded, sliced, chopped, or torn. "Cut leafy 
14greens" does not mean cut-to-harvest leafy greens. 
15 "Department" means the Department of Public Health. 
16 "Equilibrium pH" means the final potential of hydrogen 
17measured in an acidified food after all the components of the 
18food have achieved the same acidity. 
19 "Farmers' market" means a common facility or area where 
20farmers gather to sell a variety of fresh fruits and 
21vegetables and other locally produced farm and food products 
22directly to consumers. 
23 "Leafy greens" includes iceberg lettuce; romaine lettuce; 
24leaf lettuce; butter lettuce; baby leaf lettuce, such as 
25immature lettuce or leafy greens; escarole; endive; spring 
26mix; spinach; cabbage; kale; arugula; and chard. "Leafy 
 
 
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1greens" does not include microgreens or herbs such as cilantro 
2or parsley. 
3 "Local health department" means a State-certified health 
4department of a unit of local government in which a cottage 
5food operation is located.
6 "Local public health department association" means an 
7association solely representing 2 or more State-certified 
8local health departments.
9 "Low-acid canned food" means any canned food with a 
10finished equilibrium pH greater than 4.6 and a water activity 
11(aw) greater than 0.85. 
12 "Microgreen" means an edible plant seedling grown in soil 
13or substrate and harvested above the soil or substrate line. 
14 "Potentially hazardous food" means a food that is 
15potentially hazardous according to the Department's 
16administrative rules. Potentially hazardous food (PHF) in 
17general means a food that requires time and temperature 
18control for safety (TCS) to limit pathogenic microorganism 
19growth or toxin formation.
20 "Sprout" means any seedling intended for human consumption 
21that was produced in a manner that does not meet the definition 
22of microgreen. 
23 (b) A cottage food operation may produce homemade food and 
24drink provided that all of the following conditions are met:
25  (1) (Blank).
26  (1.3) A cottage food operation must register with the 
 
 
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1 local health department for the unit of local government 
2 in which it is located, but may sell products outside of 
3 the unit of local government where the cottage food 
4 operation is located. A copy of the certificate of 
5 registration must be available upon request by any local 
6 health department. 
7  (1.5) A cottage food operation shall not sell or offer 
8 to sell the following food items or processed foods 
9 containing the following food items, except as indicated:
10   (A) meat, poultry, fish, seafood, or shellfish;
11   (B) dairy, except as an ingredient in a 
12 non-potentially hazardous baked good or candy, such as 
13 caramel, subject to paragraph (4), or as an ingredient 
14 in a baked good frosting, such as buttercream;
15   (C) eggs, except as an ingredient in a 
16 non-potentially hazardous food, including dry noodles, 
17 or as an ingredient in a baked good frosting, such as 
18 buttercream, if the eggs are not raw;
19   (D) pumpkin pies, sweet potato pies, cheesecakes, 
20 custard pies, creme pies, and pastries with 
21 potentially hazardous fillings or toppings;
22   (E) garlic in oil or oil infused with garlic, 
23 except if the garlic oil is acidified;
24   (F) low-acid canned foods;
25   (G) sprouts;
26   (H) cut leafy greens, except for cut leafy greens 
 
 
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1 that are dehydrated, acidified, or blanched and 
2 frozen;
3   (I) cut or pureed fresh tomato or melon;
4   (J) dehydrated tomato or melon;
5   (K) frozen cut melon;
6   (L) wild-harvested, non-cultivated mushrooms;
7   (M) alcoholic beverages; or
8   (N) kombucha. 
9  (1.6) In order to sell canned tomatoes or a canned 
10 product containing tomatoes, a cottage food operator shall 
11 either: 
12   (A) follow exactly a recipe that has been tested 
13 by the United States Department of Agriculture or by a 
14 state cooperative extension located in this State or 
15 any other state in the United States; or
16   (B) submit the recipe, at the cottage food 
17 operator's expense, to a commercial laboratory 
18 according to the commercial laboratory's directions to 
19 test that the product has been adequately acidified; 
20 use only the varietal or proportionate varietals of 
21 tomato included in the tested recipe for all 
22 subsequent batches of such recipe; and provide 
23 documentation of the annual test results of the recipe 
24 submitted under this subparagraph upon registration 
25 and to an inspector upon request during any inspection 
26 authorized by subsection (d). 
 
 
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1  (2) In order to sell a fermented or acidified food, a 
2 cottage food operation shall either:
3   (A) submit a recipe that has been tested by the 
4 United States Department of Agriculture or a 
5 cooperative extension system located in this State or 
6 any other state in the United States; or
7   (B) submit a written food safety plan for each 
8 category of products for which the cottage food 
9 operator uses the same procedures, such as pickles, 
10 kimchi, or hot sauce, and a pH test for a single 
11 product that is representative of that category; the 
12 written food safety plan shall be submitted annually 
13 upon registration and each pH test shall be submitted 
14 every 3 years; the food safety plan shall adhere to 
15 guidelines developed by the Department.
16  (3) A fermented or acidified food shall be packaged 
17 according to one of the following standards:
18   (A) A fermented or acidified food that is canned 
19 must be processed in a boiling water bath in a 
20 Mason-style jar or glass container with a 
21 tight-fitting lid.
22   (B) A fermented or acidified food that is not 
23 canned shall be sold in any container that is new, 
24 clean, and seals properly and must be stored, 
25 transported, and sold at or below 41 degrees. 
26  (4) In order to sell a baked good with cheese, a local 
 
 
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1 health department may require a cottage food operation to 
2 submit a recipe, at the cottage food operator's expense, 
3 to a commercial laboratory to verify that it is 
4 non-potentially hazardous before allowing the cottage food 
5 operation to sell the baked good as a cottage food.
6  (5) For a cottage food operation that does not utilize 
7 a municipal water supply, such as an operation using a 
8 private well, a local health department may require a 
9 water sample test to verify that the water source being 
10 used meets public safety standards related to E. coli 
11 coliform. If a test is requested, it must be conducted at 
12 the cottage food operator's expense.
13  (6) A person preparing or packaging a product as part 
14 of a cottage food operation must be a Department-approved 
15 certified food protection manager.
16  (7) Food packaging must conform with the labeling 
17 requirements of the Illinois Food, Drug and Cosmetic Act. 
18 A cottage food product shall be prepackaged and the food 
19 packaging shall be affixed with a prominent label that 
20 includes the following:
21   (A) the name of the cottage food operation and 
22 unit of local government in which the cottage food 
23 operation is located;
24   (B) the identifying registration number provided 
25 by the local health department on the certificate of 
26 registration and the name of the municipality or 
 
 
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1 county in which the registration was filed;
2   (C) the common or usual name of the food product;
3   (D) all ingredients of the food product, including 
4 any color, artificial flavor, and preservative, listed 
5 in descending order by predominance of weight shown 
6 with the common or usual names;
7   (E) the following phrase in prominent lettering: 
8 "This product was produced in a home kitchen not 
9 inspected by a health department that may also process 
10 common food allergens. If you have safety concerns, 
11 contact your local health department.";
12   (F) the date the product was processed; and
13   (G) allergen labeling as specified under federal 
14 labeling requirements. 
15  (8) Food packaging may include the designation 
16 "Illinois-grown", "Illinois-sourced", or "Illinois farm 
17 product" if the packaged product is (1) grown in Illinois; 
18 or (2) processed and packaged in Illinois, using at least 
19 one ingredient grown in Illinois a local farm or food 
20 product as that term is defined in Section 5 of the Local 
21 Food, Farms, and Jobs Act.
22  (9) In the case of a product that is difficult to 
23 properly label or package, or for other reasons, the local 
24 health department of the location where the product is 
25 sold may grant permission to sell products that are not 
26 prepackaged, in which case other prominent written notice 
 
 
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1 shall be provided to the purchaser.
2  (10) At the point of sale, notice must be provided in a 
3 prominent location that states the following: "This 
4 product was produced in a home kitchen not inspected by a 
5 health department that may also process common food 
6 allergens." At a physical display, notice shall be a 
7 placard. Online, notice shall be a message on the cottage 
8 food operation's online sales interface at the point of 
9 sale.
10  (11) Food and drink produced by a cottage food 
11 operation shall be sold directly to consumers for their 
12 own consumption and not for resale. Sales directly to 
13 consumers include, but are not limited to, sales at or 
14 through:
15   (A) farmers' markets;
16   (B) fairs, festivals, public events, or online;
17   (C) pickup from the private home or farm of the 
18 cottage food operator, if the pickup is not prohibited 
19 by any law of the unit of local government that applies 
20 equally to all cottage food operations; in a 
21 municipality with a population of 1,000,000 or more, a 
22 cottage food operator shall comply with any law of the 
23 municipality that applies equally to all home-based 
24 businesses; 
25   (D) delivery to the customer; and
26   (E) pickup from a third-party private property 
 
 
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1 with the consent of the third-party property holder.
2  (12) Only food that is non-potentially hazardous may 
3 be shipped. A cottage food product shall not be shipped 
4 out of State. Each cottage food product that is shipped 
5 must be sealed in a manner that reveals tampering, 
6 including, but not limited to, a sticker or pop top. 
7 (c) A local health department shall register any eligible 
8cottage food operation that meets the requirements of this 
9Section and shall issue a certificate of registration with an 
10identifying registration number to each registered cottage 
11food operation. A local health department may establish a 
12self-certification program for cottage food operators to 
13affirm compliance with applicable laws, rules, and 
14regulations. Registration shall be completed annually and the 
15local health department may impose a fee not to exceed $50. 
16 (d) In the event of a consumer complaint or foodborne 
17illness outbreak, upon notice from a different local health 
18department, or if the Department or a local health department 
19has reason to believe that an imminent health hazard exists or 
20that a cottage food operation's product has been found to be 
21misbranded, adulterated, or not in compliance with the 
22conditions for cottage food operations set forth in this 
23Section, the Department or the local health department may:
24  (1) inspect the premises of the cottage food operation 
25 in question;
26  (2) set a reasonable fee for the inspection; and
 
 
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1  (3) invoke penalties and the cessation of the sale of 
2 cottage food products until it deems that the situation 
3 has been addressed to the satisfaction of the Department 
4 or local health department; if the situation is not 
5 amenable to being addressed, the local health department 
6 may revoke the cottage food operation's registration 
7 following a process outlined by the local health 
8 department. 
9 (e) A local health department that receives a consumer 
10complaint or a report of foodborne illness related to a 
11cottage food operator in another jurisdiction shall refer the 
12complaint or report to the local health department where the 
13cottage food operator is registered. 
14 (f) By January 1, 2022, the Department, in collaboration 
15with local public health department associations and other 
16stakeholder groups, shall write and issue administrative 
17guidance to local health departments on the following: 
18  (1) development of a standard registration form, 
19 including, if applicable, a written food safety plan;
20  (2) development of a Home-Certification Self Checklist 
21 Form;
22  (3) development of a standard inspection form and 
23 inspection procedures; and
24  (4) procedures for cottage food operation workspaces 
25 that include, but are not limited to, cleaning products, 
26 general sanitation, and requirements for functional 
 
 
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