Bill Text: IL SB0825 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Developmental Disability and Mental Disability Services Act. Makes a technical change in a Section concerning the powers and duties of the Department of Human Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0825 Detail]
Download: Illinois-2013-SB0825-Amended.html
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1 | AMENDMENT TO SENATE BILL 825
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2 | AMENDMENT NO. ______. Amend Senate Bill 825 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 | "Cottage food operation" means a person who produces or | ||||||
10 | packages non-potentially hazardous food in a kitchen of that | ||||||
11 | person's primary domestic residence for direct sale by the | ||||||
12 | owner or a family member, stored in the residence where the | ||||||
13 | food is made. | ||||||
14 | "Farmers' market" means a common facility or area where
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15 | farmers gather to sell a variety of fresh fruits and vegetables
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16 | and other locally produced farm and food products directly to
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1 | consumers. | ||||||
2 | "Potentially hazardous food" means a food that is | ||||||
3 | potentially hazardous according to the Federal Food and Drug | ||||||
4 | Administration 2009 Food Code (FDA 2009 Food Code) or any | ||||||
5 | subsequent amendments to the FDA 2009 Food Code. Potentially | ||||||
6 | hazardous food (PHF) in general means a food that requires time | ||||||
7 | and temperature control for safety (TCS) to limit pathogenic | ||||||
8 | microorganism growth or toxin formation. In accordance with the | ||||||
9 | FDA 2009 Food Code, potentially hazardous food does not include | ||||||
10 | a food item that because of its pH or Aw value, or interaction | ||||||
11 | of Aw and pH values, is designated as a non-PHF/non-TCS food in | ||||||
12 | Table A or B of the FDA 2009 Food Code's potentially hazardous | ||||||
13 | food definition. | ||||||
14 | (b) Notwithstanding any other provision of law and except | ||||||
15 | as provided in subsections (c) and (d) of this Section, neither | ||||||
16 | the Department of Public Health nor the Department of | ||||||
17 | Agriculture nor the health department of a unit of local | ||||||
18 | government may regulate the service of food by a cottage food | ||||||
19 | operation providing that all of the following conditions are | ||||||
20 | met: | ||||||
21 | (1) The food is not a potentially hazardous baked good, | ||||||
22 | jam, jelly, preserve, fruit butter, dry herb, dry herb | ||||||
23 | blend, or dry tea blend and is intended for end-use only. | ||||||
24 | The following provisions shall apply: | ||||||
25 | (A) The following jams, jellies and preserves are | ||||||
26 | allowed: apple, apricot, grape, peach, plum, quince, |
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1 | orange, nectarine, tangerine, blackberry, raspberry, | ||||||
2 | blueberry, boysenberry, cherry, cranberry, strawberry, | ||||||
3 | red currants, or a combination of these fruits. | ||||||
4 | Rhubarb, tomato, and pepper jellies or jams are not | ||||||
5 | allowed. Any other jams, jellies, or preserves not | ||||||
6 | listed may be produced by a cottage food operation | ||||||
7 | provided their recipe has been tested and documented by | ||||||
8 | a commercial laboratory, at the expense of the cottage | ||||||
9 | food operation, as being not potentially hazardous, | ||||||
10 | containing a pH equilibrium of less than 4.6. | ||||||
11 | (B) The following fruit butters are allowed: | ||||||
12 | apple, apricot, grape, peach, plum, quince, and prune. | ||||||
13 | Pumpkin butter, banana butter, and pear butter are not | ||||||
14 | allowed. Fruit butters not listed may be produced by a | ||||||
15 | cottage food operation provided their recipe has been | ||||||
16 | tested and documented by a commercial laboratory, at | ||||||
17 | the expense of the cottage food operation, as being not | ||||||
18 | potentially hazardous, containing a pH equilibrium of | ||||||
19 | less than 4.6. | ||||||
20 | (C) Baked goods, such as, but not limited to, | ||||||
21 | breads, cookies, cakes, pies, and pastries are | ||||||
22 | allowed. Only high-acid fruit pies that use the | ||||||
23 | following fruits are allowed: apple, apricot, grape, | ||||||
24 | peach, plum, quince, orange, nectarine, tangerine, | ||||||
25 | blackberry, raspberry, blueberry, boysenberry, cherry, | ||||||
26 | cranberry, strawberry, red currants or a combination |
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1 | of these fruits. Fruit pies not listed may be produced | ||||||
2 | by a cottage food operation provided their recipe has | ||||||
3 | been tested and documented by a commercial laboratory, | ||||||
4 | at the expense of the cottage food operation, as being | ||||||
5 | not potentially hazardous, containing a pH equilibrium | ||||||
6 | of less than 4.6. The following are potentially | ||||||
7 | hazardous and prohibited from production and sale by a | ||||||
8 | cottage food operation: pumpkin pie, sweet potato pie, | ||||||
9 | cheesecake, custard pies, creme pies, and pastries | ||||||
10 | with potentially hazardous fillings or toppings. | ||||||
11 | (2) The food is to be sold at a farmers' market or in | ||||||
12 | the home where it is prepared . | ||||||
13 | (3) Gross receipts from the sale of food exempted under | ||||||
14 | this Section do not exceed $25,000 in a calendar year. | ||||||
15 | (4) The food packaging conforms to the labeling | ||||||
16 | requirements of the Illinois Food, Drug and Cosmetic Act | ||||||
17 | and includes the following information on the label of each | ||||||
18 | of its products: | ||||||
19 | (A) the name and address of the cottage food | ||||||
20 | operation; | ||||||
21 | (B) the common or usual name of the food product; | ||||||
22 | (C) all ingredients of the food product, including | ||||||
23 | any colors, artificial flavors, and preservatives, | ||||||
24 | listed in descending order by predominance of weight | ||||||
25 | shown with common or usual names; | ||||||
26 | (D) the following phrase: "This product was |
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1 | produced in a home kitchen not subject to public health | ||||||
2 | inspection that may also process common food | ||||||
3 | allergens."; | ||||||
4 | (E) the date the product was processed; and | ||||||
5 | (F) allergen labeling as specified in federal | ||||||
6 | labeling requirements. | ||||||
7 | (5) The name and residence of the person preparing and | ||||||
8 | selling products as a cottage food operation is registered | ||||||
9 | with the health department of a unit of local government | ||||||
10 | where the cottage food operation resides. No fees shall be | ||||||
11 | charged for registration. | ||||||
12 | (6) The person preparing and selling products as a | ||||||
13 | cottage food operation has a Department of Public Health | ||||||
14 | approved Food Service Sanitation Management Certificate. | ||||||
15 | (7) At the point of sale a placard is displayed in a | ||||||
16 | prominent location that states the following: "This | ||||||
17 | product was produced in a home kitchen not subject to | ||||||
18 | public health inspection that may also process common food | ||||||
19 | allergens.". | ||||||
20 | (c) Notwithstanding the provisions of subsection (b) of | ||||||
21 | this Section, if the Department of Public Health or the health | ||||||
22 | department of a unit of local government has received a | ||||||
23 | consumer complaint or has reason to believe that an imminent | ||||||
24 | health hazard exists or that a cottage food operation's product | ||||||
25 | has been found to be misbranded, adulterated, or not in | ||||||
26 | compliance with the exception for cottage food operations |
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1 | pursuant to this Section, then it may invoke cessation of sales | ||||||
2 | until it deems that the situation has been addressed to the | ||||||
3 | satisfaction of the Department. | ||||||
4 | (d) Notwithstanding the provisions of subsection (b) of | ||||||
5 | this Section, a State-certified local public health department | ||||||
6 | may, upon providing a written statement to the Department of | ||||||
7 | Public Health, regulate the service of food by a cottage food | ||||||
8 | operation. The regulation by a State-certified local public | ||||||
9 | health department may include all of the following | ||||||
10 | requirements: | ||||||
11 | (1) That the cottage food operation (A) register with | ||||||
12 | the State-certified local public health department, which | ||||||
13 | may include a reasonable fee set by the State-certified | ||||||
14 | local public health department notwithstanding paragraph | ||||||
15 | (5) of subsection (b) of this Section and (B) agree in | ||||||
16 | writing at the time of registration to grant access to the | ||||||
17 | State-certified local public health department to conduct | ||||||
18 | an inspection of the cottage food operation's primary | ||||||
19 | domestic residence in the event of a consumer complaint or | ||||||
20 | foodborne illness outbreak. | ||||||
21 | (2) That in the event of a consumer complaint or | ||||||
22 | foodborne illness outbreak the State-certified local | ||||||
23 | public health department is allowed to (A) inspect the | ||||||
24 | premises of the cottage food operation in question and (B) | ||||||
25 | set a reasonable fee for that inspection.
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26 | (Source: P.A. 97-393, eff. 1-1-12.)".
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