Bill Text: IL HB4121 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Food Handling Regulation Enforcement Act. Provides that if a cottage food operation is located in another state, it must register with the local health department for the unit of local government where it will sell products. Provides that a cottage food product shall not be shipped out of State unless it is compliant with the laws of the state to which it is being shipped. Provides that a local health department may establish policies to allow for the indirect sale by retailers of food and drink produced by a cottage food operation within its jurisdiction. Makes conforming changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-10-18 - Referred to Rules Committee [HB4121 Detail]
Download: Illinois-2023-HB4121-Introduced.html
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1 | AN ACT concerning 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 changing Section 4 as follows:
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6 | (410 ILCS 625/4) | |||||||||||||||||||
7 | Sec. 4. Cottage food operation. | |||||||||||||||||||
8 | (a) For the purpose of this Section: | |||||||||||||||||||
9 | A food is "acidified" if: (i) acid or acid ingredients are | |||||||||||||||||||
10 | added to it to produce a final equilibrium pH of 4.6 or below; | |||||||||||||||||||
11 | or (ii) it is fermented to produce a final equilibrium pH of | |||||||||||||||||||
12 | 4.6 or below. | |||||||||||||||||||
13 | "Canned food" means food that has been heat processed | |||||||||||||||||||
14 | sufficiently under United States Department of Agriculture | |||||||||||||||||||
15 | guidelines to enable storing the food at normal home | |||||||||||||||||||
16 | temperatures. | |||||||||||||||||||
17 | "Cottage food operation" means an operation conducted by a | |||||||||||||||||||
18 | person who produces or packages food or drink, other than | |||||||||||||||||||
19 | foods and drinks listed as prohibited in paragraph (1.5) of | |||||||||||||||||||
20 | subsection (b) of this Section, in a kitchen located in that | |||||||||||||||||||
21 | person's primary domestic residence or another appropriately | |||||||||||||||||||
22 | designed and equipped kitchen on a farm for direct sale by the | |||||||||||||||||||
23 | owner, a family member, or employee. |
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1 | "Cut leafy greens" means fresh leafy greens whose leaves
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2 | have been cut, shredded, sliced, chopped, or torn. "Cut leafy
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3 | greens" does not mean cut-to-harvest leafy greens. | ||||||
4 | "Department" means the Department of Public Health. | ||||||
5 | "Equilibrium pH" means the final potential of hydrogen | ||||||
6 | measured in an acidified food after all the components of the | ||||||
7 | food have achieved the same acidity. | ||||||
8 | "Farmers' market" means a common facility or area where
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9 | farmers gather to sell a variety of fresh fruits and | ||||||
10 | vegetables
and other locally produced farm and food products | ||||||
11 | directly to
consumers. | ||||||
12 | "Leafy greens" includes iceberg lettuce; romaine lettuce;
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13 | leaf lettuce; butter lettuce; baby leaf lettuce, such as
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14 | immature lettuce or leafy greens; escarole; endive; spring | ||||||
15 | mix;
spinach; cabbage; kale; arugula; and chard. "Leafy | ||||||
16 | greens" does
not include microgreens or herbs such as cilantro | ||||||
17 | or parsley. | ||||||
18 | "Local health department" means a State-certified health | ||||||
19 | department of a unit of local government in which a cottage | ||||||
20 | food operation is located or registered . | ||||||
21 | "Local public health department association" means an | ||||||
22 | association solely representing 2 or more State-certified | ||||||
23 | local health departments. | ||||||
24 | "Low-acid canned food" means any canned food with a | ||||||
25 | finished equilibrium pH greater than 4.6 and a water activity | ||||||
26 | (aw) greater than 0.85. |
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1 | "Microgreen" means an edible plant seedling grown in soil
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2 | or substrate and harvested above the soil or substrate line. | ||||||
3 | "Potentially hazardous food" means a food that is | ||||||
4 | potentially hazardous according to the Department's | ||||||
5 | administrative rules. Potentially hazardous food (PHF) in | ||||||
6 | general means a food that requires time and temperature | ||||||
7 | control for safety (TCS) to limit pathogenic microorganism | ||||||
8 | growth or toxin formation. | ||||||
9 | "Sprout" means any seedling intended for human consumption | ||||||
10 | that was produced in a manner that does not meet the definition | ||||||
11 | of microgreen. | ||||||
12 | (b) A cottage food operation may produce homemade food and | ||||||
13 | drink provided that all of the following conditions are met: | ||||||
14 | (1) (Blank). | ||||||
15 | (1.3) A cottage food operation must register with the | ||||||
16 | local health department for the unit of local government | ||||||
17 | in which it is located, but may sell products outside of | ||||||
18 | the unit of local government where the cottage food | ||||||
19 | operation is located. If a cottage food operation is | ||||||
20 | located in another state, it must register with the local | ||||||
21 | health department for the unit of local government where | ||||||
22 | it will sell products. A copy of the certificate of | ||||||
23 | registration must be available upon request by any local | ||||||
24 | health department. | ||||||
25 | (1.5) A cottage food operation shall not sell or offer | ||||||
26 | to sell the following food items or processed foods |
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1 | containing the following food items, except as indicated: | ||||||
2 | (A) meat, poultry, fish, seafood, or shellfish; | ||||||
3 | (B) dairy, except as an ingredient in a | ||||||
4 | non-potentially hazardous baked good or candy, such as | ||||||
5 | caramel, subject to paragraph (4), or as an ingredient | ||||||
6 | in a baked good frosting, such as buttercream; | ||||||
7 | (C) eggs, except as an ingredient in a | ||||||
8 | non-potentially hazardous food, including dry noodles, | ||||||
9 | or as an ingredient in a baked good frosting, such as | ||||||
10 | buttercream, if the eggs are not raw; | ||||||
11 | (D) pumpkin pies, sweet potato pies, cheesecakes, | ||||||
12 | custard pies, creme pies, and pastries with | ||||||
13 | potentially hazardous fillings or toppings; | ||||||
14 | (E) garlic in oil or oil infused with garlic, | ||||||
15 | except if the garlic oil is acidified; | ||||||
16 | (F) low-acid canned foods; | ||||||
17 | (G) sprouts; | ||||||
18 | (H) cut leafy greens, except for cut leafy greens | ||||||
19 | that are dehydrated, acidified, or blanched and | ||||||
20 | frozen; | ||||||
21 | (I) cut or pureed fresh tomato or melon; | ||||||
22 | (J) dehydrated tomato or melon; | ||||||
23 | (K) frozen cut melon; | ||||||
24 | (L) wild-harvested, non-cultivated mushrooms; | ||||||
25 | (M) alcoholic beverages; or | ||||||
26 | (N) kombucha. |
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1 | (1.6) In order to sell canned tomatoes or a canned | ||||||
2 | product containing tomatoes, a cottage food operator shall | ||||||
3 | either: | ||||||
4 | (A) follow exactly a recipe that has been tested | ||||||
5 | by the United States Department of Agriculture or by a | ||||||
6 | state cooperative extension located in this State or | ||||||
7 | any other state in the United States; or | ||||||
8 | (B) submit the recipe, at the cottage food | ||||||
9 | operator's expense, to a commercial laboratory | ||||||
10 | according to the commercial laboratory's directions to | ||||||
11 | test that the product has been adequately acidified; | ||||||
12 | use only the varietal or proportionate varietals of | ||||||
13 | tomato included in the tested recipe for all | ||||||
14 | subsequent batches of such recipe; and provide | ||||||
15 | documentation of the annual test results of the recipe | ||||||
16 | submitted under this subparagraph upon registration | ||||||
17 | and to an inspector upon request during any inspection | ||||||
18 | authorized by subsection (d). | ||||||
19 | (2) In order to sell a fermented or acidified food, a | ||||||
20 | cottage food operation shall either: | ||||||
21 | (A) submit a recipe that has been tested by the | ||||||
22 | United States Department of Agriculture or a | ||||||
23 | cooperative extension system located in this State or | ||||||
24 | any other state in the United States; or | ||||||
25 | (B) submit a written food safety plan for each | ||||||
26 | category of products for which the cottage food |
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1 | operator uses the same procedures, such as pickles, | ||||||
2 | kimchi, or hot sauce, and a pH test for a single | ||||||
3 | product that is representative of that category; the | ||||||
4 | written food safety plan shall be submitted annually | ||||||
5 | upon registration and each pH test shall be submitted | ||||||
6 | every 3 years; the food safety plan shall adhere to | ||||||
7 | guidelines developed by the Department. | ||||||
8 | (3) A fermented or acidified food shall be packaged | ||||||
9 | according to one of the following standards: | ||||||
10 | (A) A fermented or acidified food that is canned | ||||||
11 | must be processed in a boiling water bath in a | ||||||
12 | Mason-style jar or glass container with a | ||||||
13 | tight-fitting lid. | ||||||
14 | (B) A fermented or acidified food that is not | ||||||
15 | canned shall be sold in any container that is new, | ||||||
16 | clean, and seals properly and must be stored, | ||||||
17 | transported, and sold at or below 41 degrees. | ||||||
18 | (4) In order to sell a baked good with cheese, a local | ||||||
19 | health department may require a cottage food operation to | ||||||
20 | submit a recipe, at the cottage food operator's expense, | ||||||
21 | to a commercial laboratory to verify that it is | ||||||
22 | non-potentially hazardous before allowing the cottage food | ||||||
23 | operation to sell the baked good as a cottage food. | ||||||
24 | (5) For a cottage food operation that does not utilize | ||||||
25 | a municipal water supply, such as an operation using a | ||||||
26 | private well, a local health department may require a |
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1 | water sample test to verify that the water source being | ||||||
2 | used meets public safety standards related to E. coli | ||||||
3 | coliform. If a test is requested, it must be conducted at | ||||||
4 | the cottage food operator's expense. | ||||||
5 | (6) A person preparing or packaging a product as part | ||||||
6 | of a cottage food operation must be a Department-approved | ||||||
7 | certified food protection manager. | ||||||
8 | (7) Food packaging must conform with the labeling | ||||||
9 | requirements of the Illinois Food, Drug and Cosmetic Act. | ||||||
10 | A cottage food product shall be prepackaged and the food | ||||||
11 | packaging shall be affixed with a prominent label that | ||||||
12 | includes the following: | ||||||
13 | (A) the name of the cottage food operation and | ||||||
14 | unit of local government in which the cottage food | ||||||
15 | operation is located or registered ; | ||||||
16 | (B) the identifying registration number provided | ||||||
17 | by the local health department on the certificate of | ||||||
18 | registration and the name of the municipality or | ||||||
19 | county in which the registration was filed; | ||||||
20 | (C) the common or usual name of the food product; | ||||||
21 | (D) all ingredients of the food product, including | ||||||
22 | any color, artificial flavor, and preservative, listed | ||||||
23 | in descending order by predominance of weight shown | ||||||
24 | with the common or usual names; | ||||||
25 | (E) the following phrase in prominent lettering: | ||||||
26 | "This product was produced in a home kitchen not |
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1 | inspected by a health department that may also process | ||||||
2 | common food allergens. If you have safety concerns, | ||||||
3 | contact your local health department."; | ||||||
4 | (F) the date the product was processed; and | ||||||
5 | (G) allergen labeling as specified under federal | ||||||
6 | labeling requirements. | ||||||
7 | (8) Food packaging may include the designation | ||||||
8 | "Illinois-grown", "Illinois-sourced", or "Illinois farm | ||||||
9 | product" if the packaged product is a local farm or food | ||||||
10 | product as that term is defined in Section 5 of the Local | ||||||
11 | Food, Farms, and Jobs Act. | ||||||
12 | (9) In the case of a product that is difficult to | ||||||
13 | properly label or package, or for other reasons , such as | ||||||
14 | wholesale purchases , the local health department of the | ||||||
15 | location where the product is sold may grant permission to | ||||||
16 | sell products that are not prepackaged, in which case | ||||||
17 | other prominent written notice shall be provided to the | ||||||
18 | purchaser. | ||||||
19 | (10) At the point of sale, notice must be provided in a | ||||||
20 | prominent location that states the following: "This | ||||||
21 | product was produced in a home kitchen not inspected by a | ||||||
22 | health department that may also process common food | ||||||
23 | allergens." At a physical display, notice shall be a | ||||||
24 | placard. Online, notice shall be a message on the cottage | ||||||
25 | food operation's online sales interface at the point of | ||||||
26 | sale. |
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1 | (11) Food and drink produced by a cottage food | ||||||
2 | operation shall be sold directly to consumers for their | ||||||
3 | own consumption and not for resale. Sales directly to | ||||||
4 | consumers include, but are not limited to, sales at or | ||||||
5 | through: | ||||||
6 | (A) farmers' markets; | ||||||
7 | (B) fairs, festivals, public events, or online; | ||||||
8 | (C) pickup from the private home or farm of the | ||||||
9 | cottage food operator, if the pickup is not prohibited | ||||||
10 | by any law of the unit of local government that applies | ||||||
11 | equally to all cottage food operations; in a | ||||||
12 | municipality with a population of 1,000,000 or more, a | ||||||
13 | cottage food operator shall comply with any law of the | ||||||
14 | municipality that applies equally to all home-based | ||||||
15 | businesses; | ||||||
16 | (D) delivery to the customer; and | ||||||
17 | (E) pickup from a third-party private property | ||||||
18 | with the consent of the third-party property holder. | ||||||
19 | (12) Only food that is non-potentially hazardous may | ||||||
20 | be shipped. A cottage food product shall not be shipped | ||||||
21 | out of State unless it is compliant with the laws of the | ||||||
22 | state to which it is being shipped . Each cottage food | ||||||
23 | product that is shipped must be sealed in a manner that | ||||||
24 | reveals tampering, including, but not limited to, a | ||||||
25 | sticker or pop top. | ||||||
26 | (c) A local health department shall register any eligible |
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1 | cottage food operation that meets the requirements of this | ||||||
2 | Section and shall issue a certificate of registration with an | ||||||
3 | identifying registration number to each registered cottage | ||||||
4 | food operation. A local health department may establish a | ||||||
5 | self-certification program for cottage food operators to | ||||||
6 | affirm compliance with applicable laws, rules, and | ||||||
7 | regulations. Registration shall be completed annually and the | ||||||
8 | local health department may impose a fee not to exceed $50. | ||||||
9 | (c-5) A local health department may establish policies to | ||||||
10 | allow for the indirect sale by retailers of food and drink | ||||||
11 | produced by a cottage food operation within its jurisdiction. | ||||||
12 | (d) In the event of a consumer complaint or foodborne | ||||||
13 | illness outbreak, upon notice from a different local health | ||||||
14 | department, or if the Department or a local health department | ||||||
15 | has reason to believe that an imminent health hazard exists or | ||||||
16 | that a cottage food operation's product has been found to be | ||||||
17 | misbranded, adulterated, or not in compliance with the | ||||||
18 | conditions for cottage food operations set forth in this | ||||||
19 | Section, the Department or the local health department may: | ||||||
20 | (1) inspect the premises of the cottage food operation | ||||||
21 | in question; | ||||||
22 | (2) set a reasonable fee for the inspection; and | ||||||
23 | (3) invoke penalties and the cessation of the sale of | ||||||
24 | cottage food products until it deems that the situation | ||||||
25 | has been addressed to the satisfaction of the Department | ||||||
26 | or local health department; if the situation is not |
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1 | amenable to being addressed, the local health department | ||||||
2 | may revoke the cottage food operation's registration | ||||||
3 | following a process outlined by the local health | ||||||
4 | department. | ||||||
5 | (e) A local health department that receives a consumer | ||||||
6 | complaint or a report of foodborne illness related to a | ||||||
7 | cottage food operator in another jurisdiction shall refer the | ||||||
8 | complaint or report to the local health department where the | ||||||
9 | cottage food operator is registered. | ||||||
10 | (f) By January 1, 2022, the Department, in collaboration | ||||||
11 | with local public health department associations and other | ||||||
12 | stakeholder groups, shall write and issue administrative | ||||||
13 | guidance to local health departments on the following: | ||||||
14 | (1) development of a standard registration form, | ||||||
15 | including, if applicable, a written food safety plan; | ||||||
16 | (2) development of a Home-Certification Self Checklist | ||||||
17 | Form; | ||||||
18 | (3) development of a standard inspection form and | ||||||
19 | inspection procedures; and | ||||||
20 | (4) procedures for cottage food operation workspaces | ||||||
21 | that include, but are not limited to, cleaning products, | ||||||
22 | general sanitation, and requirements for functional | ||||||
23 | equipment. | ||||||
24 | (g) A person who produces or packages a non-potentially | ||||||
25 | hazardous baked good for sale by a religious, charitable, or | ||||||
26 | nonprofit organization for fundraising purposes is exempt from |
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1 | the requirements of this Section. | ||||||
2 | (h) A home rule unit may not regulate cottage food | ||||||
3 | operations in a manner inconsistent with the regulation by the | ||||||
4 | State of cottage food operations under this Section. This | ||||||
5 | Section is a limitation under subsection (i) of Section 6 of | ||||||
6 | Article VII of the Illinois Constitution on the concurrent | ||||||
7 | exercise by home rule units of powers and functions exercised | ||||||
8 | by the State.
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9 | (i) The Department may adopt rules as may be necessary to | ||||||
10 | implement the provisions of this Section. | ||||||
11 | (Source: P.A. 101-81, eff. 7-12-19; 102-633, eff. 1-1-22 .)
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