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Public Act 104-0632
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| SB2774 Enrolled | LRB104 17097 BDA 30516 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Sanitary Food Preparation Act is amended by |
adding Section 10.2 as follows:
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(410 ILCS 650/10.2 new) |
Sec. 10.2. Meal kit or ready-to-eat meal distribution |
facility; local health department. |
(a) In this Section: |
"Meal kit" means pre-portioned raw ingredients or cooked |
ingredients packaged and provided to the consumer for |
preparation. |
"Ready-to-eat meal" means a fully cooked meal that is |
packaged and ready for immediate consumption or short-term |
reheating. |
(b) If a meal kit or ready-to-eat meal distribution |
facility is engaged in the collection, storage, packaging, or |
distribution of meal kits direct to consumers, then that |
facility is subject to all provisions of this Act and rules |
adopted under this Act for food establishments. |
Notwithstanding any other provision of this Act, the local |
health department where a food distribution facility is |
located shall have the power to enforce and observe the rules |
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and orders of the Department of Public Health or the local |
health department and the provisions of this Section. A local |
health department or certified local health department may |
establish and assess a fee for any inspection it conducts at |
meal kit and ready-to-eat meal distribution facilities if the |
fee for the inspection is not included in the fee for the |
operating license or permit. Meal kit and ready-to-eat meal |
distribution facilities shall pay inspection fees within 30 |
days from the date of the inspection to the local health |
department or certified local health department that conducted |
the inspection. Meal kit and ready-to-eat meal distribution |
facilities that do not pay inspection fees on a timely basis |
shall be considered not in compliance with this Act. Late fees |
may be applied to inspection fees not paid on a timely basis in |
accordance with local ordinances or policy. |
(c) Meal kit and ready-to-eat meal distribution facilities |
must follow the following requirements for temperature |
control, food safety inspections, food labeling requirements, |
delivery, and transparency: |
(1) Foods that require time and temperature control |
for safety shall be maintained and transported at holding |
temperatures according to the Department's administrative |
rules to ensure the food's safety and limit microorganism |
formation. |
(2) Meal kit and ready-to-eat meal providers must use |
temperature-controlled packaging to maintain food safety |
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during transit. All providers must maintain temperature |
logs for meal kits or ready-to-eat meals in transit while |
the product is directly in the providers' care and |
custody. Temperature logs shall be provided to the local |
health department or the Department of Public Health upon |
request. |
(3) Facilities that prepare and distribute meal kits |
and ready-to-eat meals are subject to health inspections |
in accordance with standards for food establishments. |
Facilities that prepare and distribute meal kits and |
ready-to-eat meals are subject to health inspections in |
accordance with the inspection frequency prescribed for |
the relative risks of causing foodborne illness in the |
Department's administrative rules. |
(4) All meal kits and ready-to-eat meals must be |
labeled in accordance with the requirements for packaged |
foods in the Department's standards for food |
establishments. |
(5) Meal kits and ready-to-eat meals shall be |
delivered within 72 hours from the date of shipping and |
must be packaged with temperature-controlled materials, |
including ice packs or insulated containers, to maintain |
safe food temperatures. |
(6) Meal kit and ready-to-eat meal providers shall |
publish on their websites or consumer-facing platforms a |
link to the publicly available license and inspection |