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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5354 Introduced , by Rep. Charles E. Meier SYNOPSIS AS INTRODUCED:
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Amends the Food Handling Regulation Enforcement Act. Defines "home kitchen operation" and provides that neither the Department of Public Health nor the health department of a unit of local government may regulate the service of food by a home kitchen operation. Effective immediately.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB5354 | | LRB098 19952 RPM 55177 b |
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| 1 | | AN ACT concerning public health.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Food Handling Regulation Enforcement Act is |
| 5 | | amended by adding Section 3.4 as follows:
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| 6 | | (410 ILCS 625/3.4 new) |
| 7 | | Sec. 3.4. Home kitchen operation. |
| 8 | | (a) For the purpose of this Section, "home kitchen |
| 9 | | operation" means a person who produces or packages |
| 10 | | non-potentially hazardous food in a kitchen of that person's |
| 11 | | primary domestic residence for direct sale by the owner or a |
| 12 | | family member, or for sale by a religious, charitable, or |
| 13 | | nonprofit organization, stored in the residence where the food |
| 14 | | is made. The following conditions must be met in order to |
| 15 | | qualify as a home kitchen operation: |
| 16 | | (1) Monthly gross sales do not exceed $1,000. |
| 17 | | (2) The food is not a potentially hazardous baked food, |
| 18 | | as defined in Section 4 of this Act. |
| 19 | | (3) A notice is provided to the purchaser that the |
| 20 | | product was produced in a home kitchen. |
| 21 | | (b) Notwithstanding any other provision of law, neither the |
| 22 | | Department of Public Health nor the health department of a unit |
| 23 | | of local government may regulate the service of food by a home |