|
microorganism growth or toxin formation. In accordance with the |
FDA 2009 Food Code, potentially hazardous food does not include |
a food item that because of its pH or Aw value, or interaction |
of Aw and pH values, is designated as a non-PHF/non-TCS food in |
Table A or B of the FDA 2009 Food Code's potentially hazardous |
food definition. |
(b) Notwithstanding any other provision of law and except |
as provided in subsections (c) and (d) of this Section, neither |
the Department of Public Health nor the Department of |
Agriculture nor the health department of a unit of local |
government may regulate the service of food by a cottage food |
operation providing that all of the following conditions are |
met: |
(1) The food is not a potentially hazardous baked good, |
jam, jelly, preserve, fruit butter, dry herb, dry herb |
blend, or dry tea blend and is intended for end-use only. |
The following provisions shall apply: |
(A) The following jams, jellies and preserves are |
allowed: apple, apricot, grape, peach, plum, quince, |
orange, nectarine, tangerine, blackberry, raspberry, |
blueberry, boysenberry, cherry, cranberry, strawberry, |
red currants, or a combination of these fruits. |
Rhubarb, tomato, and pepper jellies or jams are not |
allowed. Any other jams, jellies, or preserves not |
listed may be produced by a cottage food operation |
provided their recipe has been tested and documented by |
|
a commercial laboratory, at the expense of the cottage |
food operation, as being not potentially hazardous, |
containing a pH equilibrium of less than 4.6. |
(B) The following fruit butters are allowed: |
apple, apricot, grape, peach, plum, quince, and prune. |
Pumpkin butter, banana butter, and pear butter are not |
allowed. Fruit butters not listed may be produced by a |
cottage food operation provided their recipe has been |
tested and documented by a commercial laboratory, at |
the expense of the cottage food operation, as being not |
potentially hazardous, containing a pH equilibrium of |
less than 4.6. |
(C) Baked goods, such as, but not limited to, |
breads, cookies, cakes, pies, and pastries are |
allowed. Only high-acid fruit pies that use the |
following fruits are allowed: apple, apricot, grape, |
peach, plum, quince, orange, nectarine, tangerine, |
blackberry, raspberry, blueberry, boysenberry, cherry, |
cranberry, strawberry, red currants or a combination |
of these fruits. Fruit pies not listed may be produced |
by a cottage food operation provided their recipe has |
been tested and documented by a commercial laboratory, |
at the expense of the cottage food operation, as being |
not potentially hazardous, containing a pH equilibrium |
of less than 4.6. The following are potentially |
hazardous and prohibited from production and sale by a |
|
cottage food operation: pumpkin pie, sweet potato pie, |
cheesecake, custard pies, cr�me pies, and pastries |
with potentially hazardous fillings or toppings. |
(2) The food is to be sold at a farmers' market. |
(3) Gross receipts from the sale of food exempted under |
this Section do not exceed $25,000 in a calendar year. |
(4) The food packaging conforms to the labeling |
requirements of the Illinois Food, Drug and Cosmetic Act |
and includes the following information on the label of each |
of its products: |
(A) the name and address of the cottage food |
operation; |
(B) the common or usual name of the food product; |
(C) all ingredients of the food product, including |
any colors, artificial flavors, and preservatives, |
listed in descending order by predominance of weight |
shown with common or usual names; |
(D) the following phrase: "This product was |
produced in a home kitchen not subject to public health |
inspection that may also process common food |
allergens."; |
(E) the date the product was processed; and |
(F) allergen labeling as specified in federal |
labeling requirements. |
(5) The name and residence of the person preparing and |
selling products as a cottage food operation is registered |
|
with the health department of a unit of local government |
where the cottage food operation resides. No fees shall be |
charged for registration. |
(6) The person preparing and selling products as a |
cottage food operation has a Department of Public Health |
approved Food Service Sanitation Management Certificate. |
(7) At the point of sale a placard is displayed in a |
prominent location that states the following: "This |
product was produced in a home kitchen not subject to |
public health inspection that may also process common food |
allergens.". |
(c) Notwithstanding the provisions of subsection (b) of |
this Section, if the Department of Public Health or the health |
department of a unit of local government has received a |
consumer complaint or 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 exception for cottage food operations |
pursuant to this Section, then it may invoke cessation of sales |
until it deems that the situation has been addressed to the |
satisfaction of the Department. |
(d) Notwithstanding the provisions of subsection (b) of |
this Section, a State-certified local public health department |
may, upon providing a written statement to the Department of |
Public Health, regulate the service of food by a cottage food |
operation. The regulation by a State-certified local public |
|
health department may include all of the following |
requirements: |
(1) That the cottage food operation (A) register with |
the State-certified local public health department, which |
may include a reasonable fee set by the State-certified |
local public health department notwithstanding paragraph |
(5) of subsection (b) of this Section and (B) agree in |
writing at the time of registration to grant access to the |
State-certified local public health department to conduct |
an inspection of the cottage food operation's primary |
domestic residence in the event of a consumer complaint or |
foodborne illness outbreak. |
(2) That in the event of a consumer complaint or |
foodborne illness outbreak the State-certified local |
public health department is allowed to (A) inspect the |
premises of the cottage food operation in question and (B) |
set a reasonable fee for that inspection.
|
Section 10. The Sanitary Food Preparation Act is amended by |
changing Section 11 as follows:
|
(410 ILCS 650/11) (from Ch. 56 1/2, par. 77)
|
Sec. 11.
Except as hereinafter provided and as provided in |
Section 4 of the Food Handling Regulation Enforcement Act, the |
Department of Public
Health shall enforce this Act, and for |
that purpose it may at all times
enter every such building, |
|
room, basement, inclosure or premises
occupied or used or |
suspected of being occupied or used for the
production, |
preparation or manufacture for sale, or the storage, sale,
|
distribution or transportation of such food, to inspect the |
premises and
all utensils, fixtures, furniture and machinery |
used as aforesaid; and
if upon inspection any such food |
producing or distribution
establishment, conveyance, or |
employer, employee, clerk, driver or other
person is found to |
be violating any of the provisions of this Act, or if
the |
production, preparation, manufacture, packing, storage, sale,
|
distribution or transportation of such food is being conducted |
in a
manner detrimental to the health of the employees and |
operatives, or to
the character or quality of the food therein |
being produced,
manufactured, packed, stored, sold, |
distributed or conveyed, the officer
or inspector making the |
inspection or examination shall report such
conditions and |
violations to the Department. The Department of
Agriculture |
shall have exclusive jurisdiction for the enforcement of
this |
Act insofar as it relates to establishments defined by Section |
2.5
of "The Meat and Poultry Inspection Act", approved July
22, |
1959, as heretofore or hereafter amended. The Department of
|
Agriculture or Department of Public Health, as the case may be, |
shall
thereupon issue a written order to the person, firm or |
corporation
responsible for the violation or condition |
aforesaid to abate such
condition or violation or to make such |
changes or improvements as may be
necessary to abate them, |
|
within such reasonable time as may be required.
Notice of the |
order may be served by delivering a copy thereof to the
person, |
firm or corporation, or by sending a copy thereof by registered
|
mail, and the receipt thereof through the post office shall be |
prima
facie evidence that notice of the order has been |
received. Such person,
firm or corporation may appear in person |
or by attorney before the
Department of Agriculture or the |
Department of Public Health, as the
case may be, within the |
time limited in the order, and shall be given an
opportunity to |
be heard and to show why such order or instructions
should not |
be obeyed. The hearing shall be under such rules and
|
regulations as may be prescribed by the Department of |
Agriculture or the
Department of Public Health, as the case may |
be. If after such hearing
it appears that this Act has not been |
violated, the order shall be
rescinded. If it appears that this |
Act is being violated, and that the
person, firm or corporation |
notified is responsible therefor, the
previous order shall be |
confirmed or amended, as the facts shall
warrant, and shall |
thereupon be final, but such additional time as is
necessary |
may be granted within which to comply with the final order. If
|
such person, firm or corporation is not present or represented |
when such
final order is made, notice thereof shall be given as |
above provided. On
failure of the party or parties to comply |
with the first order of the
Department of Agriculture or the |
Department of Public Health, as the
case may be, within the |
time prescribed, when no hearing is demanded, or
upon failure |
|
to comply with the final order within the time specified,
the |
Department shall certify the facts to the State's Attorney of |
the
county in which such violation occurred, and such State's |
Attorney shall
proceed against the party or parties for the |
fines and penalties
provided by this Act, and also for the |
abatement of the nuisance:
Provided, that the proceedings |
herein prescribed for the abatement of
nuisances as defined in |
this Act shall not in any manner relieve the
violator from |
prosecution in the first instance for every such
violation, nor |
from the penalties for such violation prescribed by
Section 13.
|
(Source: P.A. 81-1509.)
|
