FOOD HANDLING-COTTAGE FOOD

Amends the Food Handling Regulation Enforcement Act. In provisions regarding cottage food operations: makes changes to definitions; requires cottage food operations to comply with specified requirements (rather than providing that specified entities may regulate the transaction of food or drink by a cottage food operation if the requirements are met); adds requirements for the sale of low-acid canned foods and fermented or acidified foods; provides that food and drink produced by a cottage food operation shall be sold directly to consumers for their own consumption and not for resale; removes language requiring State-certified local public health departments to regulate the service of food by a cottage food operation and allowing them to require a cottage food operation to submit specified canned foods to a commercial laboratory to verify specified information; requires local health departments to register eligible cottage food operations and issue certificates of registration; adds an exemption for a person who produces or packages a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes; preempts home rule; and makes other changes. Repeals provisions regarding home kitchen operations. Senate Committee Amendment No. 1 Deletes reference to: 410 ILCS 625/3.6 rep. Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Restores the definition of "farmers' market". Removes the definition of "hot fill and hold method". Provides that cottage food operations shall not sell or offer to sell low-acid canned foods (rather than listing specified varieties of low-acid canned foods). Provides that, in order to sell a fermented or acidified food, a cottage food operation shall (rather than a local health department may require a cottage food operation to) submit: (1) a recipe meeting specified requirements or (2) an annual written food safety plan and pH tests every 3 years (rather than only a pH test) meeting specified requirements. Provides that 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 (rather than only meets public safety standards). Provides that food packaging may include the designation "Illinois-grown", "Illinois-sourced", or "Illinois farm product" if the products are local farm or food products as defined in specified provisions. Removes the repeal of provisions concerning home kitchen operations. Makes other changes. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Food Handling Regulation Enforcement Act. Removes specified provisions containing requirements for cottage food operations. Contains requirements for cottage food operations that sell fermented or acidified food and baked goods with cheese. Contains requirements for the preparation and packaging of products by a cottage food operation. Provides that food and drink produced by a cottage food operation shall be sold directly to consumers for their own consumption and not for resale. Provides that only food that is non-potentially hazardous may be shipped. Prohibits a cottage food product from being shipped out of State. Requires each cottage food product that is shipped to be sealed in a manner that reveals tampering. Provides that a local health department shall register any eligible cottage food operation that meets the requirements of the provisions and shall issue a certificate of registration with an identifying registration number to each registered cottage food operation. Provides that a local health department may establish a self-certification program for cottage food operators to affirm compliance with applicable laws, rules, and regulations. Provides that registration shall be completed annually and the local health department may impose a fee not to exceed $50. Provides for inspection, fees, and penalties in the event of a consumer complaint or foodborne illness outbreak, an imminent health hazard, or a product that has been found to be misbranded, adulterated, or not in compliance with the conditions for cottage food operations. Provides that 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. Contains an exemption from the requirements for a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes. Contains a home rule preemption. Contains other provisions. Effective January 1, 2022.