Bill Text: IL HB5052 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Local Food, Farms, and Jobs Act. Provides that the Act may be referred to as the Good Food Purchasing Law. Repeals provisions regarding procurement goals for local farm or food products. Provides that, no later than one year after the effective date of the amendatory Act, each State agency and State-owned facility that purchases food, including, without limitation, facilities for persons with mental health and development disabilities, correction facilities, and public institutions of higher education, including community colleges, shall have a timely plan for undergoing a Good Food Purchasing Program baseline assessment, conducted by the Center for Good Food Purchasing, to determine current alignment with Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability and how better to meet Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability. Provides that, no later than one year after completion of the baseline assessment, each State agency and State-owned facility shall develop and adopt a multi-year action plan with benchmarks to align food purchasing processes with Good Food Purchasing Program equity, transparency, and accountability and food purchases with Good Food Purchasing Program core values. Sets forth other provisions regarding the Program. Provides that the Good Food Purchasing Task Force created by House Joint Resolution 33 of the 102nd General Assembly is reestablished and shall continue with its study of current procurement of food within the State and to explore how good food purchasing can be implemented to maximize the procurement of healthy foods that are sustainably, locally, and equitably sourced. Provides that the Good Food Purchasing Fund is established as a special fund in the State treasury. Provides that moneys in the fund are continuously appropriated to the Department of Agriculture to administer the Local Food, Farms, and Jobs Act. Makes other changes. Amends the State Finance Act and the Food Handling Regulation Enforcement Act to make conforming changes.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2024-04-22 - Added Chief Co-Sponsor Rep. Jehan Gordon-Booth [HB5052 Detail]

Download: Illinois-2023-HB5052-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5052 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
See Index
Amends the Local Food, Farms, and Jobs Act. Provides that the Act may be referred to as the Good Food Purchasing Law. Repeals provisions regarding procurement goals for local farm or food products. Provides that, no later than one year after the effective date of the amendatory Act, each State agency and State-owned facility that purchases food, including, without limitation, facilities for persons with mental health and development disabilities, correction facilities, and public institutions of higher education, including community colleges, shall have a timely plan for undergoing a Good Food Purchasing Program baseline assessment, conducted by the Center for Good Food Purchasing, to determine current alignment with Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability and how better to meet Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability. Provides that, no later than one year after completion of the baseline assessment, each State agency and State-owned facility shall develop and adopt a multi-year action plan with benchmarks to align food purchasing processes with Good Food Purchasing Program equity, transparency, and accountability and food purchases with Good Food Purchasing Program core values. Sets forth other provisions regarding the Program. Provides that the Good Food Purchasing Task Force created by House Joint Resolution 33 of the 102nd General Assembly is reestablished and shall continue with its study of current procurement of food within the State and to explore how good food purchasing can be implemented to maximize the procurement of healthy foods that are sustainably, locally, and equitably sourced. Provides that the Good Food Purchasing Fund is established as a special fund in the State treasury. Provides that moneys in the fund are continuously appropriated to the Department of Agriculture to administer the Local Food, Farms, and Jobs Act. Makes other changes. Amends the State Finance Act and the Food Handling Regulation Enforcement Act to make conforming changes.
LRB103 37928 MXP 68060 b
A BILL FOR
HB5052 LRB103 37928 MXP 68060 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.1015 as follows:
(30 ILCS 105/5.1015 new)
Sec. 5.1015. The Good Food Purchasing Fund.
Section 10. The Local Food, Farms, and Jobs Act is amended
by changing Sections 1 and 5 and by adding Sections 12, 35, and
40 as follows:
(30 ILCS 595/1)
Sec. 1. Short title; references to Act.
(a) Short title. This Act may be cited as the "Local Food,
Farms, and Jobs Act".
(b) References to Act. This Act may be referred to as the
Good Food Purchasing Law.
(Source: P.A. 96-579, eff. 8-18-09.)
(30 ILCS 595/5)
Sec. 5. Definitions. In this Act: "Local farm or food
products" are products: (1) grown in Illinois; or (2)

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processed and packaged in Illinois, using at least one
ingredient grown in Illinois.
"Good Food Purchasing Program core values" means Good Food
Purchasing Program procurement criteria based on all of the
following:
(1) Prioritizing local suppliers, especially small or
mid-sized farms, food manufacturers, or food businesses
that are privately or cooperatively operated or operated
as a not-for-profit within (i) a 250-mile radius for food
other than meat, poultry, or seafood or (ii) a 500-mile
radius for meat, poultry, or seafood, prioritizing
suppliers that are entrepreneurs of color and community
members most impacted by current and historic economic
marginalization, leveraging institutional buying power,
infrastructure, financial resources, staff time, and land
in support of community members, food producers, and food
workers who have experienced negative systemic social or
economic impact, building partnerships with community
members to ensure that food products and menus reflect the
interests and cultures of everyone they serve, and
identifying pathways for purchasing from small and
community-based suppliers for products that cannot be
grown or harvested within the mileage limitations, such as
seafood, coffee, cocoa, and sugar.
(2) Prioritizing suppliers that consider: (i)
community health and universal rights to clean air and

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water; (ii) reduction or elimination of synthetic
pesticides and fertilizers; (iii) improved soil health and
carbon sequestration; (iv) reduced fossil fuel energy
inputs and protection of water resources; (v) biodiversity
and ecological resilience; (vi) food waste reduction;
(vii) greenhouse gas emission reduction; and (viii)
reduction or elimination of single-use plastics and other
resource-intensive packaging and reducing carbon and water
footprint of food purchases.
(3) Sourcing from producers and vendors that (i)
comply with labor laws, including minimum wage laws,
through contractual requirements and enforcement, (ii)
honor the right to freedom of association, (iii) provide
workers with the ability to organize a union and to
bargain collectively, free from reprisal, for livable
wages and safe and healthy working conditions, and (iv)
uphold and implement workers' rights principles, and (v)
implement cooperative ownership, democratic
decision-making, and migrant, racial, and gender justice.
(4) Sourcing from farms and ranches that provide
healthy and humane conditions for farm animals throughout
their lives through (i) nutrition, (ii) physical
environment, (iii) health, (iv) behavioral interaction;
and (v) mental or affective state.
(5) Promoting community health, nutrition, equitable
access, and food sovereignty by prioritizing high-quality

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and culturally relevant whole or minimally processed
foods, including vegetables, fruit, and whole grains, and
plant-forward meals. Preservation methods such as canning
and bottling using oils, sugar, or salt are not permitted.
(6) In general, prioritizing products certified under
certifications currently endorsed by the Center for Good
Food Purchasing.
"Good Food Purchasing Program equity, accountability, and
transparency" means:
(1) Having or developing a supplier or vendor
diversification plan with goals that include reporting and
accountability measures. Measures should be disaggregated
by demographic group, including race and gender.
(2) Planning implementation should prioritize
purchases and address barriers to entry for suppliers who
have experienced negative systemic social or economic
impacts including, but not limited to women, veterans,
persons with disabilities, and especially people of color,
across all supply chains and to the greatest extent
possible.
(3) Sharing purchasing data, assessments, purchasing
targets, or implementation plans in a publicly accessible
location including online with community members to
facilitate engagement and transparency.
(4) Engaging with community members, including, but
not limited to, people served by meal programs, food

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service workers, constituents, and local food businesses,
in informing values-based purchasing decisions and
processes.
(5) Developing and implementing comprehensive
institutional policies that reflect community needs and
values and prioritize transparency, racial equity, local
economies, environmental sustainability, valued
workforce, animal welfare, and community health and
nutrition within their operations and food procurement.
(6) Ensuring that institutional policies are embedded
in agreements for contracted food services and that
mechanisms are developed to ensure compliance and
accountability through reporting and active contract
management.
"Minimally processed foods" means foods that are unaltered
or slightly altered from the food's natural state through such
processes as removal of inedible or unwanted parts, drying,
powdering, squeezing, crushing, grinding, fractioning,
steaming, poaching, boiling, roasting, pasteurization,
chilling, freezing, placing in containers, vacuum packaging,
nonalcoholic fermentation, and other methods that do not add
to the original food, salt, sugar oils or fats, or food
substances, other than additives that prolong product
duration, protect original properties, or prevent
proliferation of microorganisms. "Minimally processed foods"
include, but are not limited to, whole grains or flours; fresh

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or frozen fruits and vegetables; meat, poultry, fish, and
seafood, whole or in the form of steaks, fillets, and other
cuts; fresh or pasteurized milk, eggs, fresh or pasteurized
plain yogurt, legumes, and nuts and seeds. "Minimally
processed foods" also includes foods made of 2 or more items in
this group, such as dried mixed fruits, and foods with
vitamins and minerals generally added to replace nutrients
lost during minimal processing, such as flour fortified with
iron and folic acid.
(Source: P.A. 101-258, eff. 1-1-20.)
(30 ILCS 595/12 new)
Sec. 12. Good Food Purchasing Program.
(a) No later than one year after the effective date of this
amendatory Act of the 103rd General Assembly, each State
agency and State-owned facility that purchases food,
including, without limitation, facilities for persons with
mental health and development disabilities, correction
facilities, and public institutions of higher education,
including community colleges, shall have a timely plan for
undergoing a Good Food Purchasing Program baseline assessment
conducted by the Center for Good Food Purchasing, to determine
current alignment with Good Food Purchasing Program core
values and Good Food Purchasing Program equity, transparency,
and accountability and how better to meet the Good Food
Purchasing Program core values and Good Food Purchasing

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Program equity, transparency, and accountability.
(b) No later than one year after completion of the
baseline assessment under subsection (a), each State agency
and State-owned facility shall develop and adopt a multi-year
action plan with benchmarks to align food purchasing processes
with Good Food Purchasing Program equity, transparency, and
accountability and food purchases with Good Food Purchasing
Program core values.
(c) The year after completing the multi-year action plan
and each year thereafter, each State agency and State-owned
facility shall undergo a Good Food Purchasing Program
assessment and update its multi-year action plan to annually
increase the procurement of food that meets the Good Food
Purchasing Program core values and Good Food Purchasing
Program equity, transparency, and accountability.
(d) To meet the goals set forth in this Section, when a
State contract for purchase of food is to be awarded to the
lowest responsible bidder or proposer, an otherwise qualified
bidder or proposer who will fulfill the contract through the
use of food that aligns with Good Food Purchasing Program core
values may be given preference over other bidders or
proposers.
(e) To facilitate reporting required under this Section,
all State agencies and State-owned facilities that purchase
food shall include in all invitations for bids, requests for
proposals, and contracts a requirement for vendor

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data-sharing, including, but not limited to, product types,
quantities, sizes, prices, origin, processors, and
distributors.
(f) On each January 1 following adoption of a multi-year
action plan, each State agency and State-owned facility that
purchases food shall publish in its procurement bulletin and
on its website notice of its purchases of food in the
immediately preceding fiscal year, its Good Food Purchasing
Program baseline and annual assessments, and its multi-year
action plan.
(g) Under the procedures laid out in under subsection (h)
of Section 5-5 of the Illinois Procurement Code, the
Procurement Policy Board may review a proposal, bid, or
contract and issue a recommendation to void a contract or
reject a proposal or bid based on a vendor, proposer or
bidder's current violation or history of violation of federal,
State, or local law, including, but not limited to, Federal
labor laws under Title 29 of the United States Code and the
Minimum Wage Law.
(30 ILCS 595/35 new)
Sec. 35. Good Food Purchasing Task Force.
(a) The Good Food Purchasing Task Force created by House
Joint Resolution 33 adopted in the 102nd General Assembly is
reestablished and shall continue with its study of current
procurement of food within the State and to explore how good

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food purchasing can be implemented to maximize the procurement
of healthy foods that are sustainably, locally, and equitably
sourced.
(b) Any action taken in reliance on House Joint Resolution
33 of the 102nd General Assembly after January 1, 2023
by any
person or entity is hereby validated.
(c) The Task Force shall consist of the following members,
who shall serve without compensation:
(1) the Lieutenant Governor or his or her designee;
(2) the Speaker of the House of Representatives or his
or her designee;
(3) the Minority Leader of the House of
Representatives or his or her designee;
(4) the Senate President or his or her designee;
(5) the Senate Minority Leader or his or her designee;
(6) one member nominated by a statewide local food
advocacy organization and appointed by the Lieutenant
Governor;
(7) one member nominated by a national multi-sector
food advocacy organization and appointed by the Lieutenant
Governor;
(8) one member nominated by a Chicago-based food
advocacy organization and appointed by the Lieutenant
Governor;
(9) one member nominated by a statewide environmental
advocacy organization and appointed by the Lieutenant

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Governor;
(10) one member nominated by a statewide labor
organization that represents food workers and appointed by
the Lieutenant Governor;
(11) one member nominated by a national farm-animal
welfare organization and appointed by the Lieutenant
Governor;
(12) the Director of the Department of Commerce and
Economic Opportunity or his or her designee;
(13) the Director of the Environmental Protection
Agency or his or her designee;
(14) the Director of the Department of Public Health
or his or her designee;
(15) the Director of the Department of Natural
Resources or his or her designee;
(16) the Chief Procurement Officer for General
Services or his or her designee;
(17) the Chief Procurement Officer for Higher
Education or his or her designee;
(18) the Chief Procurement Officer for the Secretary
of State's Office or his or her designee;
(19) the Chief Procurement Officer for the Department
of Corrections or his or her designee;
(20) the Chief Procurement Officer for the Department
of Human Services or his or her designee;
(21) the Chief Procurement Officer for Central

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Management Services or his or her designee;
(22) the Director of the Department of Agriculture or
his or her designee; and
(23) one member nominated by a statewide organization
that advocates for healthy nutrition and appointed by
Lieutenant Governor.
Members of the Task Force shall serve without
compensation. The Task Force members shall select a
chairperson at the first meeting of the Task Force. Any member
appointed under House Joint Resolution 33 of the 102nd General
Assembly who was a member of the Task Force at the end of the
102nd General Assembly shall continue to serve on the Task
Force until the appointed member resigns or is otherwise
removed from the Task Force.
(d) The Department of Agriculture shall provide
administrative support for the Task Force.
(e) The task force shall submit its interim report to the
Governor and General Assembly no later than July 1, 2025 and
its final report to the Governor and General Assembly no later
than July 1, 2026. Following submission of the final report,
the Task Force shall continue to meet to monitor and support
implementation of this Act.
(30 ILCS 595/40 new)
Sec. 40. Good Food Purchasing Fund. The Good Food
Purchasing Fund is established as a special fund in the State

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treasury. Interest earned by the Good Food Purchasing Fund
shall be credited to the fund. Moneys in the fund are
continuously appropriated to the Department of Agriculture to
administer this Act, including by creating a Good Food
Purchasing office within the Department, hiring staff, and
providing training and technical assistance to State agencies
and State-owned facilities that purchase food. The fund shall
be subject to appropriations; however, the Department shall be
permitted to accept federal government, local government, and
private resources at any time to implement this Act.
(30 ILCS 595/10 rep.)
Section 15. The Local Food, Farms, and Jobs Act is amended
by repealing Section 10.
Section 20. The Food Handling Regulation Enforcement Act
is amended by changing Section 4 as follows:
(410 ILCS 625/4)
Sec. 4. Cottage food operation.
(a) For the purpose of this Section:
A food is "acidified" if: (i) acid or acid ingredients are
added to it to produce a final equilibrium pH of 4.6 or below;
or (ii) it is fermented to produce a final equilibrium pH of
4.6 or below.
"Canned food" means food that has been heat processed

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sufficiently under United States Department of Agriculture
guidelines to enable storing the food at normal home
temperatures.
"Cottage food operation" means an operation conducted by a
person who produces or packages 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 kitchen on a farm for direct sale by the
owner, a family member, or employee.
"Cut leafy greens" means fresh leafy greens whose leaves
have been cut, shredded, sliced, chopped, or torn. "Cut leafy
greens" does not mean cut-to-harvest leafy greens.
"Department" means the Department of Public Health.
"Equilibrium pH" means the final potential of hydrogen
measured in an acidified food after all the components of the
food have achieved the same acidity.
"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.
"Leafy greens" includes iceberg lettuce; romaine lettuce;
leaf lettuce; butter lettuce; baby leaf lettuce, such as
immature lettuce or leafy greens; escarole; endive; spring
mix; spinach; cabbage; kale; arugula; and chard. "Leafy
greens" does not include microgreens or herbs such as cilantro

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or parsley.
"Local health department" means a State-certified health
department of a unit of local government in which a cottage
food operation is located.
"Local public health department association" means an
association solely representing 2 or more State-certified
local health departments.
"Low-acid canned food" means any canned food with a
finished equilibrium pH greater than 4.6 and a water activity
(aw) greater than 0.85.
"Microgreen" means an edible plant seedling grown in soil
or substrate and harvested above the soil or substrate line.
"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.
"Sprout" means any seedling intended for human consumption
that was produced in a manner that does not meet the definition
of microgreen.
(b) A cottage food operation may produce homemade food and
drink provided that all of the following conditions are met:
(1) (Blank).
(1.3) A cottage food operation must register with the
local health department for the unit of local government

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in which it is located, but may sell products outside of
the unit of local government where the cottage food
operation is located. A copy of the certificate of
registration must be available upon request by any local
health department.
(1.5) A cottage food operation 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, subject to paragraph (4), or as an ingredient
in a baked good frosting, such as buttercream;
(C) eggs, except as an ingredient in a
non-potentially hazardous food, including dry noodles,
or as an ingredient in a baked good frosting, such as
buttercream, if the eggs are not raw;
(D) pumpkin pies, sweet potato pies, cheesecakes,
custard pies, creme pies, and pastries with
potentially hazardous fillings or toppings;
(E) garlic in oil or oil infused with garlic,
except if the garlic oil is acidified;
(F) low-acid canned foods;
(G) sprouts;
(H) cut leafy greens, except for cut leafy greens
that are dehydrated, acidified, or blanched and

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frozen;
(I) cut or pureed fresh tomato or melon;
(J) dehydrated tomato or melon;
(K) frozen cut melon;
(L) wild-harvested, non-cultivated mushrooms;
(M) alcoholic beverages; or
(N) kombucha.
(1.6) In order to sell canned tomatoes or a canned
product containing tomatoes, a cottage food operator shall
either:
(A) follow exactly a recipe that has been tested
by the United States Department of Agriculture or by a
state cooperative extension located in this State or
any other state in the United States; or
(B) submit the recipe, at the cottage food
operator's expense, to a commercial laboratory
according to the commercial laboratory's directions to
test that the product has been adequately acidified;
use only the varietal or proportionate varietals of
tomato included in the tested recipe for all
subsequent batches of such recipe; and provide
documentation of the annual test results of the recipe
submitted under this subparagraph upon registration
and to an inspector upon request during any inspection
authorized by subsection (d).
(2) In order to sell a fermented or acidified food, a

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cottage food operation shall either:
(A) submit a recipe that has been tested by the
United States Department of Agriculture or a
cooperative extension system located in this State or
any other state in the United States; or
(B) submit a written food safety plan for each
category of products for which the cottage food
operator uses the same procedures, such as pickles,
kimchi, or hot sauce, and a pH test for a single
product that is representative of that category; the
written food safety plan shall be submitted annually
upon registration and each pH test shall be submitted
every 3 years; the food safety plan shall adhere to
guidelines developed by the Department.
(3) A fermented or acidified food shall be packaged
according to one of the following standards:
(A) A fermented or acidified food that is canned
must be processed in a boiling water bath in a
Mason-style jar or glass container with a
tight-fitting lid.
(B) A fermented or acidified food that is not
canned shall be sold in any container that is new,
clean, and seals properly and must be stored,
transported, and sold at or below 41 degrees.
(4) In order to sell a baked good with cheese, a local
health department may require a cottage food operation to

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submit a recipe, at the cottage food operator's expense,
to a commercial laboratory to verify that it is
non-potentially hazardous before allowing the cottage food
operation to sell the baked good as a cottage food.
(5) For a cottage food operation that does not utilize
a municipal water supply, such as an operation using a
private well, a local health department may require a
water sample test to verify that the water source being
used meets public safety standards related to E. coli
coliform. If a test is requested, it must be conducted at
the cottage food operator's expense.
(6) A person preparing or packaging a product as part
of a cottage food operation must be a Department-approved
certified food protection manager.
(7) Food packaging must conform with the labeling
requirements of the Illinois Food, Drug and Cosmetic Act.
A cottage food product shall be prepackaged and the food
packaging shall be affixed with a prominent label that
includes the following:
(A) the name of the cottage food operation and
unit of local government in which the cottage food
operation is located;
(B) the identifying registration number provided
by the local health department on the certificate of
registration and the name of the municipality or
county in which the registration was filed;

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(C) the common or usual name of the food product;
(D) all ingredients of the food product, including
any color, artificial flavor, and preservative, listed
in descending order by predominance of weight shown
with the common or usual names;
(E) the following phrase in prominent lettering:
"This product was produced in a home kitchen not
inspected by a health department that may also process
common food allergens. If you have safety concerns,
contact your local health department.";
(F) the date the product was processed; and
(G) allergen labeling as specified under federal
labeling requirements.
(8) Food packaging may include the designation
"Illinois-grown", "Illinois-sourced", or "Illinois farm
product" if the packaged product is (1) grown in Illinois;
or (2) processed and packaged in Illinois, using at least
one ingredient grown in Illinois a local farm or food
product as that term is defined in Section 5 of the Local
Food, Farms, and Jobs Act.
(9) In the case of a product that is difficult to
properly label or package, or for other reasons, the local
health department of the location where the product is
sold may grant permission to sell products that are not
prepackaged, in which case other prominent written notice
shall be provided to the purchaser.

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(10) At the point of sale, notice must be provided in a
prominent location that states the following: "This
product was produced in a home kitchen not inspected by a
health department that may also process common food
allergens." At a physical display, notice shall be a
placard. Online, notice shall be a message on the cottage
food operation's online sales interface at the point of
sale.
(11) Food and drink produced by a cottage food
operation shall be sold directly to consumers for their
own consumption and not for resale. Sales directly to
consumers include, but are not limited to, sales at or
through:
(A) farmers' markets;
(B) fairs, festivals, public events, or online;
(C) pickup from the private home or farm of the
cottage food operator, if the pickup is not prohibited
by any law of the unit of local government that applies
equally to all cottage food operations; in a
municipality with a population of 1,000,000 or more, a
cottage food operator shall comply with any law of the
municipality that applies equally to all home-based
businesses;
(D) delivery to the customer; and
(E) pickup from a third-party private property
with the consent of the third-party property holder.

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(12) Only food that is non-potentially hazardous may
be shipped. A cottage food product shall not be shipped
out of State. Each cottage food product that is shipped
must be sealed in a manner that reveals tampering,
including, but not limited to, a sticker or pop top.
(c) A local health department shall register any eligible
cottage food operation that meets the requirements of this
Section and shall issue a certificate of registration with an
identifying registration number to each registered cottage
food operation. A local health department may establish a
self-certification program for cottage food operators to
affirm compliance with applicable laws, rules, and
regulations. Registration shall be completed annually and the
local health department may impose a fee not to exceed $50.
(d) In the event of a consumer complaint or foodborne
illness outbreak, upon notice from a different local health
department, or if the Department or a local health department
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
conditions for cottage food operations set forth in this
Section, the Department or the local health department may:
(1) inspect the premises of the cottage food operation
in question;
(2) set a reasonable fee for the inspection; and
(3) invoke penalties and the cessation of the sale of

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cottage food products until it deems that the situation
has been addressed to the satisfaction of the Department
or local health department; if the situation is not
amenable to being addressed, the local health department
may revoke the cottage food operation's registration
following a process outlined by the local health
department.
(e) A local health department that receives a consumer
complaint or a report of foodborne illness related to a
cottage food operator in another jurisdiction shall refer the
complaint or report to the local health department where the
cottage food operator is registered.
(f) By January 1, 2022, the Department, in collaboration
with local public health department associations and other
stakeholder groups, shall write and issue administrative
guidance to local health departments on the following:
(1) development of a standard registration form,
including, if applicable, a written food safety plan;
(2) development of a Home-Certification Self Checklist
Form;
(3) development of a standard inspection form and
inspection procedures; and
(4) procedures for cottage food operation workspaces
that include, but are not limited to, cleaning products,
general sanitation, and requirements for functional
equipment.

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(g) A person who produces or packages a non-potentially
hazardous baked good for sale by a religious, charitable, or
nonprofit organization for fundraising purposes is exempt from
the requirements of this Section.
(h) A home rule unit may not regulate cottage food
operations in a manner inconsistent with the regulation by the
State of cottage food operations under this Section. This
Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
(i) The Department may adopt rules as may be necessary to
implement the provisions of this Section.
(Source: P.A. 101-81, eff. 7-12-19; 102-633, eff. 1-1-22.)
HB5052 - 24 - LRB103 37928 MXP 68060 b
INDEX
Statutes amended in order of appearance