Bill Text: IL SB3238 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Food Handling Regulation Enforcement Act. Provides that a State-certified local public health department may, upon providing a written statement to the Department of Public Health, regulate or restrict (now regulate) the service of food by a cottage food operation. Effective on January 1, 2013.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3238 Detail]

Download: Illinois-2011-SB3238-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3238 Introduced 2/1/2012, by Sen. Donne E. Trotter SYNOPSIS AS INTRODUCED:
410 ILCS 625/4
Amends the Food Handling Regulation Enforcement Act. Provides that a State-certified local public health department may, upon providing a written statement to the Department of Public Health, regulate or restrict (now regulate) the service of food by a cottage food operation. Effective on January 1, 2013.
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A BILL FOR
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AN ACT concerning public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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:
"Cottage food operation" means a person who produces or
packages non-potentially hazardous food in a kitchen of that
person's primary domestic residence for direct sale by the
owner or a family member, stored in the residence where the
food is made.
"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.
"Potentially hazardous food" means a food that is
potentially hazardous according to the Federal Food and Drug
Administration 2009 Food Code (FDA 2009 Food Code) or any
subsequent amendments to the FDA 2009 Food Code. Potentially
hazardous food (PHF) in general means a food that requires time
and temperature control for safety (TCS) to limit pathogenic

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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

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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

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cottage food operation: pumpkin pie, sweet potato pie,
cheesecake, custard pies, creme 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

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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 or restrict the service of food by a
cottage food operation. The regulation by a State-certified

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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.
(Source: P.A. 97-393, eff. 1-1-12.)