Bill Text: IL HB4280 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Food Handling Regulation Enforcement Act. Provides that if the unit of local government in which the cottage food operation is located does not have a local health department, the cottage food operation must register with the nearest local health department. Makes a conforming change.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-16 - Referred to Rules Committee [HB4280 Detail]
Download: Illinois-2023-HB4280-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, | |||||||||||||||||||
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 | ||||||
2 | have been cut, shredded, sliced, chopped, or torn. "Cut leafy | ||||||
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 | ||||||
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; | ||||||
13 | leaf lettuce; butter lettuce; baby leaf lettuce, such as | ||||||
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, if the unit of local government | ||||||
21 | where the cottage food operation is located does not have a | ||||||
22 | State-certified health department, registered . | ||||||
23 | "Local public health department association" means an | ||||||
24 | association solely representing 2 or more State-certified | ||||||
25 | local health departments. | ||||||
26 | "Low-acid canned food" means any canned food with a |
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1 | finished equilibrium pH greater than 4.6 and a water activity | ||||||
2 | (aw) greater than 0.85. | ||||||
3 | "Microgreen" means an edible plant seedling grown in soil | ||||||
4 | or substrate and harvested above the soil or substrate line. | ||||||
5 | "Potentially hazardous food" means a food that is | ||||||
6 | potentially hazardous according to the Department's | ||||||
7 | administrative rules. Potentially hazardous food (PHF) in | ||||||
8 | general means a food that requires time and temperature | ||||||
9 | control for safety (TCS) to limit pathogenic microorganism | ||||||
10 | growth or toxin formation. | ||||||
11 | "Sprout" means any seedling intended for human consumption | ||||||
12 | that was produced in a manner that does not meet the definition | ||||||
13 | of microgreen. | ||||||
14 | (b) A cottage food operation may produce homemade food and | ||||||
15 | drink provided that all of the following conditions are met: | ||||||
16 | (1) (Blank). | ||||||
17 | (1.3) A cottage food operation must register with the | ||||||
18 | local health department for the unit of local government | ||||||
19 | in which it is located, or the nearest local health | ||||||
20 | department if the unit of local government where the | ||||||
21 | cottage food operation is located does not have a local | ||||||
22 | health department, and but may sell products outside of | ||||||
23 | the unit of local government where the cottage food | ||||||
24 | operation is located. A copy of the certificate of | ||||||
25 | registration must be available upon request by any local | ||||||
26 | health department. |
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1 | (1.5) A cottage food operation shall not sell or offer | ||||||
2 | to sell the following food items or processed foods | ||||||
3 | containing the following food items, except as indicated: | ||||||
4 | (A) meat, poultry, fish, seafood, or shellfish; | ||||||
5 | (B) dairy, except as an ingredient in a | ||||||
6 | non-potentially hazardous baked good or candy, such as | ||||||
7 | caramel, subject to paragraph (4), or as an ingredient | ||||||
8 | in a baked good frosting, such as buttercream; | ||||||
9 | (C) eggs, except as an ingredient in a | ||||||
10 | non-potentially hazardous food, including dry noodles, | ||||||
11 | or as an ingredient in a baked good frosting, such as | ||||||
12 | buttercream, if the eggs are not raw; | ||||||
13 | (D) pumpkin pies, sweet potato pies, cheesecakes, | ||||||
14 | custard pies, creme pies, and pastries with | ||||||
15 | potentially hazardous fillings or toppings; | ||||||
16 | (E) garlic in oil or oil infused with garlic, | ||||||
17 | except if the garlic oil is acidified; | ||||||
18 | (F) low-acid canned foods; | ||||||
19 | (G) sprouts; | ||||||
20 | (H) cut leafy greens, except for cut leafy greens | ||||||
21 | that are dehydrated, acidified, or blanched and | ||||||
22 | frozen; | ||||||
23 | (I) cut or pureed fresh tomato or melon; | ||||||
24 | (J) dehydrated tomato or melon; | ||||||
25 | (K) frozen cut melon; | ||||||
26 | (L) wild-harvested, non-cultivated mushrooms; |
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1 | (M) alcoholic beverages; or | ||||||
2 | (N) kombucha. | ||||||
3 | (1.6) In order to sell canned tomatoes or a canned | ||||||
4 | product containing tomatoes, a cottage food operator shall | ||||||
5 | either: | ||||||
6 | (A) follow exactly a recipe that has been tested | ||||||
7 | by the United States Department of Agriculture or by a | ||||||
8 | state cooperative extension located in this State or | ||||||
9 | any other state in the United States; or | ||||||
10 | (B) submit the recipe, at the cottage food | ||||||
11 | operator's expense, to a commercial laboratory | ||||||
12 | according to the commercial laboratory's directions to | ||||||
13 | test that the product has been adequately acidified; | ||||||
14 | use only the varietal or proportionate varietals of | ||||||
15 | tomato included in the tested recipe for all | ||||||
16 | subsequent batches of such recipe; and provide | ||||||
17 | documentation of the annual test results of the recipe | ||||||
18 | submitted under this subparagraph upon registration | ||||||
19 | and to an inspector upon request during any inspection | ||||||
20 | authorized by subsection (d). | ||||||
21 | (2) In order to sell a fermented or acidified food, a | ||||||
22 | cottage food operation shall either: | ||||||
23 | (A) submit a recipe that has been tested by the | ||||||
24 | United States Department of Agriculture or a | ||||||
25 | cooperative extension system located in this State or | ||||||
26 | any other state in the United States; or |
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1 | (B) submit a written food safety plan for each | ||||||
2 | category of products for which the cottage food | ||||||
3 | operator uses the same procedures, such as pickles, | ||||||
4 | kimchi, or hot sauce, and a pH test for a single | ||||||
5 | product that is representative of that category; the | ||||||
6 | written food safety plan shall be submitted annually | ||||||
7 | upon registration and each pH test shall be submitted | ||||||
8 | every 3 years; the food safety plan shall adhere to | ||||||
9 | guidelines developed by the Department. | ||||||
10 | (3) A fermented or acidified food shall be packaged | ||||||
11 | according to one of the following standards: | ||||||
12 | (A) A fermented or acidified food that is canned | ||||||
13 | must be processed in a boiling water bath in a | ||||||
14 | Mason-style jar or glass container with a | ||||||
15 | tight-fitting lid. | ||||||
16 | (B) A fermented or acidified food that is not | ||||||
17 | canned shall be sold in any container that is new, | ||||||
18 | clean, and seals properly and must be stored, | ||||||
19 | transported, and sold at or below 41 degrees. | ||||||
20 | (4) In order to sell a baked good with cheese, a local | ||||||
21 | health department may require a cottage food operation to | ||||||
22 | submit a recipe, at the cottage food operator's expense, | ||||||
23 | to a commercial laboratory to verify that it is | ||||||
24 | non-potentially hazardous before allowing the cottage food | ||||||
25 | operation to sell the baked good as a cottage food. | ||||||
26 | (5) For a cottage food operation that does not utilize |
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1 | a municipal water supply, such as an operation using a | ||||||
2 | private well, a local health department may require a | ||||||
3 | water sample test to verify that the water source being | ||||||
4 | used meets public safety standards related to E. coli | ||||||
5 | coliform. If a test is requested, it must be conducted at | ||||||
6 | the cottage food operator's expense. | ||||||
7 | (6) A person preparing or packaging a product as part | ||||||
8 | of a cottage food operation must be a Department-approved | ||||||
9 | certified food protection manager. | ||||||
10 | (7) Food packaging must conform with the labeling | ||||||
11 | requirements of the Illinois Food, Drug and Cosmetic Act. | ||||||
12 | A cottage food product shall be prepackaged and the food | ||||||
13 | packaging shall be affixed with a prominent label that | ||||||
14 | includes the following: | ||||||
15 | (A) the name of the cottage food operation and | ||||||
16 | unit of local government in which the cottage food | ||||||
17 | operation is located; | ||||||
18 | (B) the identifying registration number provided | ||||||
19 | by the local health department on the certificate of | ||||||
20 | registration and the name of the municipality or | ||||||
21 | county in which the registration was filed; | ||||||
22 | (C) the common or usual name of the food product; | ||||||
23 | (D) all ingredients of the food product, including | ||||||
24 | any color, artificial flavor, and preservative, listed | ||||||
25 | in descending order by predominance of weight shown | ||||||
26 | with the common or usual names; |
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1 | (E) the following phrase in prominent lettering: | ||||||
2 | "This product was produced in a home kitchen not | ||||||
3 | inspected by a health department that may also process | ||||||
4 | common food allergens. If you have safety concerns, | ||||||
5 | contact your local health department."; | ||||||
6 | (F) the date the product was processed; and | ||||||
7 | (G) allergen labeling as specified under federal | ||||||
8 | labeling requirements. | ||||||
9 | (8) Food packaging may include the designation | ||||||
10 | "Illinois-grown", "Illinois-sourced", or "Illinois farm | ||||||
11 | product" if the packaged product is a local farm or food | ||||||
12 | product as that term is defined in Section 5 of the Local | ||||||
13 | Food, Farms, and Jobs Act. | ||||||
14 | (9) In the case of a product that is difficult to | ||||||
15 | properly label or package, or for other reasons, the local | ||||||
16 | health department of the location where the product is | ||||||
17 | sold may grant permission to sell products that are not | ||||||
18 | prepackaged, in which case other prominent written notice | ||||||
19 | shall be provided to the purchaser. | ||||||
20 | (10) At the point of sale, notice must be provided in a | ||||||
21 | prominent location that states the following: "This | ||||||
22 | product was produced in a home kitchen not inspected by a | ||||||
23 | health department that may also process common food | ||||||
24 | allergens." At a physical display, notice shall be a | ||||||
25 | placard. Online, notice shall be a message on the cottage | ||||||
26 | food operation's online sales interface at the point of |
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1 | sale. | ||||||
2 | (11) Food and drink produced by a cottage food | ||||||
3 | operation shall be sold directly to consumers for their | ||||||
4 | own consumption and not for resale. Sales directly to | ||||||
5 | consumers include, but are not limited to, sales at or | ||||||
6 | through: | ||||||
7 | (A) farmers' markets; | ||||||
8 | (B) fairs, festivals, public events, or online; | ||||||
9 | (C) pickup from the private home or farm of the | ||||||
10 | cottage food operator, if the pickup is not prohibited | ||||||
11 | by any law of the unit of local government that applies | ||||||
12 | equally to all cottage food operations; in a | ||||||
13 | municipality with a population of 1,000,000 or more, a | ||||||
14 | cottage food operator shall comply with any law of the | ||||||
15 | municipality that applies equally to all home-based | ||||||
16 | businesses; | ||||||
17 | (D) delivery to the customer; and | ||||||
18 | (E) pickup from a third-party private property | ||||||
19 | with the consent of the third-party property holder. | ||||||
20 | (12) Only food that is non-potentially hazardous may | ||||||
21 | be shipped. A cottage food product shall not be shipped | ||||||
22 | out of State. Each cottage food product that is shipped | ||||||
23 | must be sealed in a manner that reveals tampering, | ||||||
24 | including, but not limited to, a sticker or pop top. | ||||||
25 | (c) A local health department shall register any eligible | ||||||
26 | cottage food operation that meets the requirements of this |
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1 | Section and shall issue a certificate of registration with an | ||||||
2 | identifying registration number to each registered cottage | ||||||
3 | food operation. A local health department may establish a | ||||||
4 | self-certification program for cottage food operators to | ||||||
5 | affirm compliance with applicable laws, rules, and | ||||||
6 | regulations. Registration shall be completed annually and the | ||||||
7 | local health department may impose a fee not to exceed $50. | ||||||
8 | (d) In the event of a consumer complaint or foodborne | ||||||
9 | illness outbreak, upon notice from a different local health | ||||||
10 | department, or if the Department or a local health department | ||||||
11 | has reason to believe that an imminent health hazard exists or | ||||||
12 | that a cottage food operation's product has been found to be | ||||||
13 | misbranded, adulterated, or not in compliance with the | ||||||
14 | conditions for cottage food operations set forth in this | ||||||
15 | Section, the Department or the local health department may: | ||||||
16 | (1) inspect the premises of the cottage food operation | ||||||
17 | in question; | ||||||
18 | (2) set a reasonable fee for the inspection; and | ||||||
19 | (3) invoke penalties and the cessation of the sale of | ||||||
20 | cottage food products until it deems that the situation | ||||||
21 | has been addressed to the satisfaction of the Department | ||||||
22 | or local health department; if the situation is not | ||||||
23 | amenable to being addressed, the local health department | ||||||
24 | may revoke the cottage food operation's registration | ||||||
25 | following a process outlined by the local health | ||||||
26 | department. |
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1 | (e) A local health department that receives a consumer | ||||||
2 | complaint or a report of foodborne illness related to a | ||||||
3 | cottage food operator in another jurisdiction shall refer the | ||||||
4 | complaint or report to the local health department where the | ||||||
5 | cottage food operator is registered. | ||||||
6 | (f) By January 1, 2022, the Department, in collaboration | ||||||
7 | with local public health department associations and other | ||||||
8 | stakeholder groups, shall write and issue administrative | ||||||
9 | guidance to local health departments on the following: | ||||||
10 | (1) development of a standard registration form, | ||||||
11 | including, if applicable, a written food safety plan; | ||||||
12 | (2) development of a Home-Certification Self Checklist | ||||||
13 | Form; | ||||||
14 | (3) development of a standard inspection form and | ||||||
15 | inspection procedures; and | ||||||
16 | (4) procedures for cottage food operation workspaces | ||||||
17 | that include, but are not limited to, cleaning products, | ||||||
18 | general sanitation, and requirements for functional | ||||||
19 | equipment. | ||||||
20 | (g) A person who produces or packages a non-potentially | ||||||
21 | hazardous baked good for sale by a religious, charitable, or | ||||||
22 | nonprofit organization for fundraising purposes is exempt from | ||||||
23 | the requirements of this Section. | ||||||
24 | (h) A home rule unit may not regulate cottage food | ||||||
25 | operations in a manner inconsistent with the regulation by the | ||||||
26 | State of cottage food operations under this Section. This |
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