Bill Text: IL HB4121 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Food Handling Regulation Enforcement Act. Provides that if a cottage food operation is located in another state, it must register with the local health department for the unit of local government where it will sell products. Provides that a cottage food product shall not be shipped out of State unless it is compliant with the laws of the state to which it is being shipped. Provides that a local health department may establish policies to allow for the indirect sale by retailers of food and drink produced by a cottage food operation within its jurisdiction. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB4121 Detail]

Download: Illinois-2023-HB4121-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4121 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
410 ILCS 625/4
Amends the Food Handling Regulation Enforcement Act. Provides that if a cottage food operation is located in another state, it must register with the local health department for the unit of local government where it will sell products. Provides that a cottage food product shall not be shipped out of State unless it is compliant with the laws of the state to which it is being shipped. Provides that a local health department may establish policies to allow for the indirect sale by retailers of food and drink produced by a cottage food operation within its jurisdiction. Makes conforming changes.
LRB103 33712 SPS 63524 b
A BILL FOR
HB4121 LRB103 33712 SPS 63524 b
AN ACT concerning 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:
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
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.

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"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
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 or registered.
"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.

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"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
in which it is located, but may sell products outside of
the unit of local government where the cottage food
operation is located. If a cottage food operation is
located in another state, it must register with the local
health department for the unit of local government where
it will sell products. 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

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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
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.

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(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
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

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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
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

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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 or registered;
(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;
(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

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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 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, such as
wholesale purchases, 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.
(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.

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(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.
(12) Only food that is non-potentially hazardous may
be shipped. A cottage food product shall not be shipped
out of State unless it is compliant with the laws of the
state to which it is being shipped. 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

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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.
(c-5) A local health department may establish policies to
allow for the indirect sale by retailers of food and drink
produced by a cottage food operation within its jurisdiction.
(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
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

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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.
(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

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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.)