Illinois 2023-2024 Regular Session

Illinois House Bill HB5052 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5052 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: See Index Amends the Local Food, Farms, and Jobs Act. Provides that the Act may be referred to as the Good Food Purchasing Law. Repeals provisions regarding procurement goals for local farm or food products. Provides that, no later than one year after the effective date of the amendatory Act, each State agency and State-owned facility that purchases food, including, without limitation, facilities for persons with mental health and development disabilities, correction facilities, and public institutions of higher education, including community colleges, shall have a timely plan for undergoing a Good Food Purchasing Program baseline assessment, conducted by the Center for Good Food Purchasing, to determine current alignment with Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability and how better to meet Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability. Provides that, no later than one year after completion of the baseline assessment, each State agency and State-owned facility shall develop and adopt a multi-year action plan with benchmarks to align food purchasing processes with Good Food Purchasing Program equity, transparency, and accountability and food purchases with Good Food Purchasing Program core values. Sets forth other provisions regarding the Program. Provides that the Good Food Purchasing Task Force created by House Joint Resolution 33 of the 102nd General Assembly is reestablished and shall continue with its study of current procurement of food within the State and to explore how good food purchasing can be implemented to maximize the procurement of healthy foods that are sustainably, locally, and equitably sourced. Provides that the Good Food Purchasing Fund is established as a special fund in the State treasury. Provides that moneys in the fund are continuously appropriated to the Department of Agriculture to administer the Local Food, Farms, and Jobs Act. Makes other changes. Amends the State Finance Act and the Food Handling Regulation Enforcement Act to make conforming changes. LRB103 37928 MXP 68060 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5052 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: See Index See Index Amends the Local Food, Farms, and Jobs Act. Provides that the Act may be referred to as the Good Food Purchasing Law. Repeals provisions regarding procurement goals for local farm or food products. Provides that, no later than one year after the effective date of the amendatory Act, each State agency and State-owned facility that purchases food, including, without limitation, facilities for persons with mental health and development disabilities, correction facilities, and public institutions of higher education, including community colleges, shall have a timely plan for undergoing a Good Food Purchasing Program baseline assessment, conducted by the Center for Good Food Purchasing, to determine current alignment with Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability and how better to meet Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability. Provides that, no later than one year after completion of the baseline assessment, each State agency and State-owned facility shall develop and adopt a multi-year action plan with benchmarks to align food purchasing processes with Good Food Purchasing Program equity, transparency, and accountability and food purchases with Good Food Purchasing Program core values. Sets forth other provisions regarding the Program. Provides that the Good Food Purchasing Task Force created by House Joint Resolution 33 of the 102nd General Assembly is reestablished and shall continue with its study of current procurement of food within the State and to explore how good food purchasing can be implemented to maximize the procurement of healthy foods that are sustainably, locally, and equitably sourced. Provides that the Good Food Purchasing Fund is established as a special fund in the State treasury. Provides that moneys in the fund are continuously appropriated to the Department of Agriculture to administer the Local Food, Farms, and Jobs Act. Makes other changes. Amends the State Finance Act and the Food Handling Regulation Enforcement Act to make conforming changes. LRB103 37928 MXP 68060 b LRB103 37928 MXP 68060 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5052 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Local Food, Farms, and Jobs Act. Provides that the Act may be referred to as the Good Food Purchasing Law. Repeals provisions regarding procurement goals for local farm or food products. Provides that, no later than one year after the effective date of the amendatory Act, each State agency and State-owned facility that purchases food, including, without limitation, facilities for persons with mental health and development disabilities, correction facilities, and public institutions of higher education, including community colleges, shall have a timely plan for undergoing a Good Food Purchasing Program baseline assessment, conducted by the Center for Good Food Purchasing, to determine current alignment with Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability and how better to meet Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability. Provides that, no later than one year after completion of the baseline assessment, each State agency and State-owned facility shall develop and adopt a multi-year action plan with benchmarks to align food purchasing processes with Good Food Purchasing Program equity, transparency, and accountability and food purchases with Good Food Purchasing Program core values. Sets forth other provisions regarding the Program. Provides that the Good Food Purchasing Task Force created by House Joint Resolution 33 of the 102nd General Assembly is reestablished and shall continue with its study of current procurement of food within the State and to explore how good food purchasing can be implemented to maximize the procurement of healthy foods that are sustainably, locally, and equitably sourced. Provides that the Good Food Purchasing Fund is established as a special fund in the State treasury. Provides that moneys in the fund are continuously appropriated to the Department of Agriculture to administer the Local Food, Farms, and Jobs Act. Makes other changes. Amends the State Finance Act and the Food Handling Regulation Enforcement Act to make conforming changes.
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11	11	1 AN ACT concerning finance.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The State Finance Act is amended by adding
15	15	5 Section 5.1015 as follows:
16	16	6 (30 ILCS 105/5.1015 new)
17	17	7 Sec. 5.1015. The Good Food Purchasing Fund.
18	18	8 Section 10. The Local Food, Farms, and Jobs Act is amended
19	19	9 by changing Sections 1 and 5 and by adding Sections 12, 35, and
20	20	10 40 as follows:
21	21	11 (30 ILCS 595/1)
22	22	12 Sec. 1. Short title; references to Act.
23	23	13 (a) Short title. This Act may be cited as the "Local Food,
24	24	14 Farms, and Jobs Act".
25	25	15 (b) References to Act. This Act may be referred to as the
26	26	16 Good Food Purchasing Law.
27	27	17 (Source: P.A. 96-579, eff. 8-18-09.)
28	28	18 (30 ILCS 595/5)
29	29	19 Sec. 5. Definitions. In this Act: "Local farm or food
30	30	20 products" are products: (1) grown in Illinois; or (2)
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34	34	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5052 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
35	35	See Index See Index
36	36	See Index
37	37	Amends the Local Food, Farms, and Jobs Act. Provides that the Act may be referred to as the Good Food Purchasing Law. Repeals provisions regarding procurement goals for local farm or food products. Provides that, no later than one year after the effective date of the amendatory Act, each State agency and State-owned facility that purchases food, including, without limitation, facilities for persons with mental health and development disabilities, correction facilities, and public institutions of higher education, including community colleges, shall have a timely plan for undergoing a Good Food Purchasing Program baseline assessment, conducted by the Center for Good Food Purchasing, to determine current alignment with Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability and how better to meet Good Food Purchasing Program core values and Good Food Purchasing Program equity, transparency, and accountability. Provides that, no later than one year after completion of the baseline assessment, each State agency and State-owned facility shall develop and adopt a multi-year action plan with benchmarks to align food purchasing processes with Good Food Purchasing Program equity, transparency, and accountability and food purchases with Good Food Purchasing Program core values. Sets forth other provisions regarding the Program. Provides that the Good Food Purchasing Task Force created by House Joint Resolution 33 of the 102nd General Assembly is reestablished and shall continue with its study of current procurement of food within the State and to explore how good food purchasing can be implemented to maximize the procurement of healthy foods that are sustainably, locally, and equitably sourced. Provides that the Good Food Purchasing Fund is established as a special fund in the State treasury. Provides that moneys in the fund are continuously appropriated to the Department of Agriculture to administer the Local Food, Farms, and Jobs Act. Makes other changes. Amends the State Finance Act and the Food Handling Regulation Enforcement Act to make conforming changes.
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65	65	1 processed and packaged in Illinois, using at least one
66	66	2 ingredient grown in Illinois.
67	67	3 "Good Food Purchasing Program core values" means Good Food
68	68	4 Purchasing Program procurement criteria based on all of the
69	69	5 following:
70	70	6 (1) Prioritizing local suppliers, especially small or
71	71	7 mid-sized farms, food manufacturers, or food businesses
72	72	8 that are privately or cooperatively operated or operated
73	73	9 as a not-for-profit within (i) a 250-mile radius for food
74	74	10 other than meat, poultry, or seafood or (ii) a 500-mile
75	75	11 radius for meat, poultry, or seafood, prioritizing
76	76	12 suppliers that are entrepreneurs of color and community
77	77	13 members most impacted by current and historic economic
78	78	14 marginalization, leveraging institutional buying power,
79	79	15 infrastructure, financial resources, staff time, and land
80	80	16 in support of community members, food producers, and food
81	81	17 workers who have experienced negative systemic social or
82	82	18 economic impact, building partnerships with community
83	83	19 members to ensure that food products and menus reflect the
84	84	20 interests and cultures of everyone they serve, and
85	85	21 identifying pathways for purchasing from small and
86	86	22 community-based suppliers for products that cannot be
87	87	23 grown or harvested within the mileage limitations, such as
88	88	24 seafood, coffee, cocoa, and sugar.
89	89	25 (2) Prioritizing suppliers that consider: (i)
90	90	26 community health and universal rights to clean air and
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101	101	1 water; (ii) reduction or elimination of synthetic
102	102	2 pesticides and fertilizers; (iii) improved soil health and
103	103	3 carbon sequestration; (iv) reduced fossil fuel energy
104	104	4 inputs and protection of water resources; (v) biodiversity
105	105	5 and ecological resilience; (vi) food waste reduction;
106	106	6 (vii) greenhouse gas emission reduction; and (viii)
107	107	7 reduction or elimination of single-use plastics and other
108	108	8 resource-intensive packaging and reducing carbon and water
109	109	9 footprint of food purchases.
110	110	10 (3) Sourcing from producers and vendors that (i)
111	111	11 comply with labor laws, including minimum wage laws,
112	112	12 through contractual requirements and enforcement, (ii)
113	113	13 honor the right to freedom of association, (iii) provide
114	114	14 workers with the ability to organize a union and to
115	115	15 bargain collectively, free from reprisal, for livable
116	116	16 wages and safe and healthy working conditions, and (iv)
117	117	17 uphold and implement workers' rights principles, and (v)
118	118	18 implement cooperative ownership, democratic
119	119	19 decision-making, and migrant, racial, and gender justice.
120	120	20 (4) Sourcing from farms and ranches that provide
121	121	21 healthy and humane conditions for farm animals throughout
122	122	22 their lives through (i) nutrition, (ii) physical
123	123	23 environment, (iii) health, (iv) behavioral interaction;
124	124	24 and (v) mental or affective state.
125	125	25 (5) Promoting community health, nutrition, equitable
126	126	26 access, and food sovereignty by prioritizing high-quality
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137	137	1 and culturally relevant whole or minimally processed
138	138	2 foods, including vegetables, fruit, and whole grains, and
139	139	3 plant-forward meals. Preservation methods such as canning
140	140	4 and bottling using oils, sugar, or salt are not permitted.
141	141	5 (6) In general, prioritizing products certified under
142	142	6 certifications currently endorsed by the Center for Good
143	143	7 Food Purchasing.
144	144	8 "Good Food Purchasing Program equity, accountability, and
145	145	9 transparency" means:
146	146	10 (1) Having or developing a supplier or vendor
147	147	11 diversification plan with goals that include reporting and
148	148	12 accountability measures. Measures should be disaggregated
149	149	13 by demographic group, including race and gender.
150	150	14 (2) Planning implementation should prioritize
151	151	15 purchases and address barriers to entry for suppliers who
152	152	16 have experienced negative systemic social or economic
153	153	17 impacts including, but not limited to women, veterans,
154	154	18 persons with disabilities, and especially people of color,
155	155	19 across all supply chains and to the greatest extent
156	156	20 possible.
157	157	21 (3) Sharing purchasing data, assessments, purchasing
158	158	22 targets, or implementation plans in a publicly accessible
159	159	23 location including online with community members to
160	160	24 facilitate engagement and transparency.
161	161	25 (4) Engaging with community members, including, but
162	162	26 not limited to, people served by meal programs, food
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173	173	1 service workers, constituents, and local food businesses,
174	174	2 in informing values-based purchasing decisions and
175	175	3 processes.
176	176	4 (5) Developing and implementing comprehensive
177	177	5 institutional policies that reflect community needs and
178	178	6 values and prioritize transparency, racial equity, local
179	179	7 economies, environmental sustainability, valued
180	180	8 workforce, animal welfare, and community health and
181	181	9 nutrition within their operations and food procurement.
182	182	10 (6) Ensuring that institutional policies are embedded
183	183	11 in agreements for contracted food services and that
184	184	12 mechanisms are developed to ensure compliance and
185	185	13 accountability through reporting and active contract
186	186	14 management.
187	187	15 "Minimally processed foods" means foods that are unaltered
188	188	16 or slightly altered from the food's natural state through such
189	189	17 processes as removal of inedible or unwanted parts, drying,
190	190	18 powdering, squeezing, crushing, grinding, fractioning,
191	191	19 steaming, poaching, boiling, roasting, pasteurization,
192	192	20 chilling, freezing, placing in containers, vacuum packaging,
193	193	21 nonalcoholic fermentation, and other methods that do not add
194	194	22 to the original food, salt, sugar oils or fats, or food
195	195	23 substances, other than additives that prolong product
196	196	24 duration, protect original properties, or prevent
197	197	25 proliferation of microorganisms. "Minimally processed foods"
198	198	26 include, but are not limited to, whole grains or flours; fresh
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209	209	1 or frozen fruits and vegetables; meat, poultry, fish, and
210	210	2 seafood, whole or in the form of steaks, fillets, and other
211	211	3 cuts; fresh or pasteurized milk, eggs, fresh or pasteurized
212	212	4 plain yogurt, legumes, and nuts and seeds. "Minimally
213	213	5 processed foods" also includes foods made of 2 or more items in
214	214	6 this group, such as dried mixed fruits, and foods with
215	215	7 vitamins and minerals generally added to replace nutrients
216	216	8 lost during minimal processing, such as flour fortified with
217	217	9 iron and folic acid.
218	218	10 (Source: P.A. 101-258, eff. 1-1-20.)
219	219	11 (30 ILCS 595/12 new)
220	220	12 Sec. 12. Good Food Purchasing Program.
221	221	13 (a) No later than one year after the effective date of this
222	222	14 amendatory Act of the 103rd General Assembly, each State
223	223	15 agency and State-owned facility that purchases food,
224	224	16 including, without limitation, facilities for persons with
225	225	17 mental health and development disabilities, correction
226	226	18 facilities, and public institutions of higher education,
227	227	19 including community colleges, shall have a timely plan for
228	228	20 undergoing a Good Food Purchasing Program baseline assessment
229	229	21 conducted by the Center for Good Food Purchasing, to determine
230	230	22 current alignment with Good Food Purchasing Program core
231	231	23 values and Good Food Purchasing Program equity, transparency,
232	232	24 and accountability and how better to meet the Good Food
233	233	25 Purchasing Program core values and Good Food Purchasing
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244	244	1 Program equity, transparency, and accountability.
245	245	2 (b) No later than one year after completion of the
246	246	3 baseline assessment under subsection (a), each State agency
247	247	4 and State-owned facility shall develop and adopt a multi-year
248	248	5 action plan with benchmarks to align food purchasing processes
249	249	6 with Good Food Purchasing Program equity, transparency, and
250	250	7 accountability and food purchases with Good Food Purchasing
251	251	8 Program core values.
252	252	9 (c) The year after completing the multi-year action plan
253	253	10 and each year thereafter, each State agency and State-owned
254	254	11 facility shall undergo a Good Food Purchasing Program
255	255	12 assessment and update its multi-year action plan to annually
256	256	13 increase the procurement of food that meets the Good Food
257	257	14 Purchasing Program core values and Good Food Purchasing
258	258	15 Program equity, transparency, and accountability.
259	259	16 (d) To meet the goals set forth in this Section, when a
260	260	17 State contract for purchase of food is to be awarded to the
261	261	18 lowest responsible bidder or proposer, an otherwise qualified
262	262	19 bidder or proposer who will fulfill the contract through the
263	263	20 use of food that aligns with Good Food Purchasing Program core
264	264	21 values may be given preference over other bidders or
265	265	22 proposers.
266	266	23 (e) To facilitate reporting required under this Section,
267	267	24 all State agencies and State-owned facilities that purchase
268	268	25 food shall include in all invitations for bids, requests for
269	269	26 proposals, and contracts a requirement for vendor
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280	280	1 data-sharing, including, but not limited to, product types,
281	281	2 quantities, sizes, prices, origin, processors, and
282	282	3 distributors.
283	283	4 (f) On each January 1 following adoption of a multi-year
284	284	5 action plan, each State agency and State-owned facility that
285	285	6 purchases food shall publish in its procurement bulletin and
286	286	7 on its website notice of its purchases of food in the
287	287	8 immediately preceding fiscal year, its Good Food Purchasing
288	288	9 Program baseline and annual assessments, and its multi-year
289	289	10 action plan.
290	290	11 (g) Under the procedures laid out in under subsection (h)
291	291	12 of Section 5-5 of the Illinois Procurement Code, the
292	292	13 Procurement Policy Board may review a proposal, bid, or
293	293	14 contract and issue a recommendation to void a contract or
294	294	15 reject a proposal or bid based on a vendor, proposer or
295	295	16 bidder's current violation or history of violation of federal,
296	296	17 State, or local law, including, but not limited to, Federal
297	297	18 labor laws under Title 29 of the United States Code and the
298	298	19 Minimum Wage Law.
299	299	20 (30 ILCS 595/35 new)
300	300	21 Sec. 35. Good Food Purchasing Task Force.
301	301	22 (a) The Good Food Purchasing Task Force created by House
302	302	23 Joint Resolution 33 adopted in the 102nd General Assembly is
303	303	24 reestablished and shall continue with its study of current
304	304	25 procurement of food within the State and to explore how good
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315	315	1 food purchasing can be implemented to maximize the procurement
316	316	2 of healthy foods that are sustainably, locally, and equitably
317	317	3 sourced.
318	318	4 (b) Any action taken in reliance on House Joint Resolution
319	319	5 33 of the 102nd General Assembly after January 1, 2023
320	320	by any
321	321	6 person or entity is hereby validated.
322	322	7 (c) The Task Force shall consist of the following members,
323	323	8 who shall serve without compensation:
324	324	9 (1) the Lieutenant Governor or his or her designee;
325	325	10 (2) the Speaker of the House of Representatives or his
326	326	11 or her designee;
327	327	12 (3) the Minority Leader of the House of
328	328	13 Representatives or his or her designee;
329	329	14 (4) the Senate President or his or her designee;
330	330	15 (5) the Senate Minority Leader or his or her designee;
331	331	16 (6) one member nominated by a statewide local food
332	332	17 advocacy organization and appointed by the Lieutenant
333	333	18 Governor;
334	334	19 (7) one member nominated by a national multi-sector
335	335	20 food advocacy organization and appointed by the Lieutenant
336	336	21 Governor;
337	337	22 (8) one member nominated by a Chicago-based food
338	338	23 advocacy organization and appointed by the Lieutenant
339	339	24 Governor;
340	340	25 (9) one member nominated by a statewide environmental
341	341	26 advocacy organization and appointed by the Lieutenant
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352	352	1 Governor;
353	353	2 (10) one member nominated by a statewide labor
354	354	3 organization that represents food workers and appointed by
355	355	4 the Lieutenant Governor;
356	356	5 (11) one member nominated by a national farm-animal
357	357	6 welfare organization and appointed by the Lieutenant
358	358	7 Governor;
359	359	8 (12) the Director of the Department of Commerce and
360	360	9 Economic Opportunity or his or her designee;
361	361	10 (13) the Director of the Environmental Protection
362	362	11 Agency or his or her designee;
363	363	12 (14) the Director of the Department of Public Health
364	364	13 or his or her designee;
365	365	14 (15) the Director of the Department of Natural
366	366	15 Resources or his or her designee;
367	367	16 (16) the Chief Procurement Officer for General
368	368	17 Services or his or her designee;
369	369	18 (17) the Chief Procurement Officer for Higher
370	370	19 Education or his or her designee;
371	371	20 (18) the Chief Procurement Officer for the Secretary
372	372	21 of State's Office or his or her designee;
373	373	22 (19) the Chief Procurement Officer for the Department
374	374	23 of Corrections or his or her designee;
375	375	24 (20) the Chief Procurement Officer for the Department
376	376	25 of Human Services or his or her designee;
377	377	26 (21) the Chief Procurement Officer for Central
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388	388	1 Management Services or his or her designee;
389	389	2 (22) the Director of the Department of Agriculture or
390	390	3 his or her designee; and
391	391	4 (23) one member nominated by a statewide organization
392	392	5 that advocates for healthy nutrition and appointed by
393	393	6 Lieutenant Governor.
394	394	7 Members of the Task Force shall serve without
395	395	8 compensation. The Task Force members shall select a
396	396	9 chairperson at the first meeting of the Task Force. Any member
397	397	10 appointed under House Joint Resolution 33 of the 102nd General
398	398	11 Assembly who was a member of the Task Force at the end of the
399	399	12 102nd General Assembly shall continue to serve on the Task
400	400	13 Force until the appointed member resigns or is otherwise
401	401	14 removed from the Task Force.
402	402	15 (d) The Department of Agriculture shall provide
403	403	16 administrative support for the Task Force.
404	404	17 (e) The task force shall submit its interim report to the
405	405	18 Governor and General Assembly no later than July 1, 2025 and
406	406	19 its final report to the Governor and General Assembly no later
407	407	20 than July 1, 2026. Following submission of the final report,
408	408	21 the Task Force shall continue to meet to monitor and support
409	409	22 implementation of this Act.
410	410	23 (30 ILCS 595/40 new)
411	411	24 Sec. 40. Good Food Purchasing Fund. The Good Food
412	412	25 Purchasing Fund is established as a special fund in the State
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423	423	1 treasury. Interest earned by the Good Food Purchasing Fund
424	424	2 shall be credited to the fund. Moneys in the fund are
425	425	3 continuously appropriated to the Department of Agriculture to
426	426	4 administer this Act, including by creating a Good Food
427	427	5 Purchasing office within the Department, hiring staff, and
428	428	6 providing training and technical assistance to State agencies
429	429	7 and State-owned facilities that purchase food. The fund shall
430	430	8 be subject to appropriations; however, the Department shall be
431	431	9 permitted to accept federal government, local government, and
432	432	10 private resources at any time to implement this Act.
433	433	11 (30 ILCS 595/10 rep.)
434	434	12 Section 15. The Local Food, Farms, and Jobs Act is amended
435	435	13 by repealing Section 10.
436	436	14 Section 20. The Food Handling Regulation Enforcement Act
437	437	15 is amended by changing Section 4 as follows:
438	438	16 (410 ILCS 625/4)
439	439	17 Sec. 4. Cottage food operation.
440	440	18 (a) For the purpose of this Section:
441	441	19 A food is "acidified" if: (i) acid or acid ingredients are
442	442	20 added to it to produce a final equilibrium pH of 4.6 or below;
443	443	21 or (ii) it is fermented to produce a final equilibrium pH of
444	444	22 4.6 or below.
445	445	23 "Canned food" means food that has been heat processed
446	446
447	447
448	448
449	449
450	450
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452	452
453	453
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456	456	1 sufficiently under United States Department of Agriculture
457	457	2 guidelines to enable storing the food at normal home
458	458	3 temperatures.
459	459	4 "Cottage food operation" means an operation conducted by a
460	460	5 person who produces or packages food or drink, other than
461	461	6 foods and drinks listed as prohibited in paragraph (1.5) of
462	462	7 subsection (b) of this Section, in a kitchen located in that
463	463	8 person's primary domestic residence or another appropriately
464	464	9 designed and equipped kitchen on a farm for direct sale by the
465	465	10 owner, a family member, or employee.
466	466	11 "Cut leafy greens" means fresh leafy greens whose leaves
467	467	12 have been cut, shredded, sliced, chopped, or torn. "Cut leafy
468	468	13 greens" does not mean cut-to-harvest leafy greens.
469	469	14 "Department" means the Department of Public Health.
470	470	15 "Equilibrium pH" means the final potential of hydrogen
471	471	16 measured in an acidified food after all the components of the
472	472	17 food have achieved the same acidity.
473	473	18 "Farmers' market" means a common facility or area where
474	474	19 farmers gather to sell a variety of fresh fruits and
475	475	20 vegetables and other locally produced farm and food products
476	476	21 directly to consumers.
477	477	22 "Leafy greens" includes iceberg lettuce; romaine lettuce;
478	478	23 leaf lettuce; butter lettuce; baby leaf lettuce, such as
479	479	24 immature lettuce or leafy greens; escarole; endive; spring
480	480	25 mix; spinach; cabbage; kale; arugula; and chard. "Leafy
481	481	26 greens" does not include microgreens or herbs such as cilantro
482	482
483	483
484	484
485	485
486	486
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488	488
489	489
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492	492	1 or parsley.
493	493	2 "Local health department" means a State-certified health
494	494	3 department of a unit of local government in which a cottage
495	495	4 food operation is located.
496	496	5 "Local public health department association" means an
497	497	6 association solely representing 2 or more State-certified
498	498	7 local health departments.
499	499	8 "Low-acid canned food" means any canned food with a
500	500	9 finished equilibrium pH greater than 4.6 and a water activity
501	501	10 (aw) greater than 0.85.
502	502	11 "Microgreen" means an edible plant seedling grown in soil
503	503	12 or substrate and harvested above the soil or substrate line.
504	504	13 "Potentially hazardous food" means a food that is
505	505	14 potentially hazardous according to the Department's
506	506	15 administrative rules. Potentially hazardous food (PHF) in
507	507	16 general means a food that requires time and temperature
508	508	17 control for safety (TCS) to limit pathogenic microorganism
509	509	18 growth or toxin formation.
510	510	19 "Sprout" means any seedling intended for human consumption
511	511	20 that was produced in a manner that does not meet the definition
512	512	21 of microgreen.
513	513	22 (b) A cottage food operation may produce homemade food and
514	514	23 drink provided that all of the following conditions are met:
515	515	24 (1) (Blank).
516	516	25 (1.3) A cottage food operation must register with the
517	517	26 local health department for the unit of local government
518	518
519	519
520	520
521	521
522	522
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524	524
525	525
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527	527	HB5052 - 15 - LRB103 37928 MXP 68060 b
528	528	1 in which it is located, but may sell products outside of
529	529	2 the unit of local government where the cottage food
530	530	3 operation is located. A copy of the certificate of
531	531	4 registration must be available upon request by any local
532	532	5 health department.
533	533	6 (1.5) A cottage food operation shall not sell or offer
534	534	7 to sell the following food items or processed foods
535	535	8 containing the following food items, except as indicated:
536	536	9 (A) meat, poultry, fish, seafood, or shellfish;
537	537	10 (B) dairy, except as an ingredient in a
538	538	11 non-potentially hazardous baked good or candy, such as
539	539	12 caramel, subject to paragraph (4), or as an ingredient
540	540	13 in a baked good frosting, such as buttercream;
541	541	14 (C) eggs, except as an ingredient in a
542	542	15 non-potentially hazardous food, including dry noodles,
543	543	16 or as an ingredient in a baked good frosting, such as
544	544	17 buttercream, if the eggs are not raw;
545	545	18 (D) pumpkin pies, sweet potato pies, cheesecakes,
546	546	19 custard pies, creme pies, and pastries with
547	547	20 potentially hazardous fillings or toppings;
548	548	21 (E) garlic in oil or oil infused with garlic,
549	549	22 except if the garlic oil is acidified;
550	550	23 (F) low-acid canned foods;
551	551	24 (G) sprouts;
552	552	25 (H) cut leafy greens, except for cut leafy greens
553	553	26 that are dehydrated, acidified, or blanched and
554	554
555	555
556	556
557	557
558	558
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560	560
561	561
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563	563	HB5052 - 16 - LRB103 37928 MXP 68060 b
564	564	1 frozen;
565	565	2 (I) cut or pureed fresh tomato or melon;
566	566	3 (J) dehydrated tomato or melon;
567	567	4 (K) frozen cut melon;
568	568	5 (L) wild-harvested, non-cultivated mushrooms;
569	569	6 (M) alcoholic beverages; or
570	570	7 (N) kombucha.
571	571	8 (1.6) In order to sell canned tomatoes or a canned
572	572	9 product containing tomatoes, a cottage food operator shall
573	573	10 either:
574	574	11 (A) follow exactly a recipe that has been tested
575	575	12 by the United States Department of Agriculture or by a
576	576	13 state cooperative extension located in this State or
577	577	14 any other state in the United States; or
578	578	15 (B) submit the recipe, at the cottage food
579	579	16 operator's expense, to a commercial laboratory
580	580	17 according to the commercial laboratory's directions to
581	581	18 test that the product has been adequately acidified;
582	582	19 use only the varietal or proportionate varietals of
583	583	20 tomato included in the tested recipe for all
584	584	21 subsequent batches of such recipe; and provide
585	585	22 documentation of the annual test results of the recipe
586	586	23 submitted under this subparagraph upon registration
587	587	24 and to an inspector upon request during any inspection
588	588	25 authorized by subsection (d).
589	589	26 (2) In order to sell a fermented or acidified food, a
590	590
591	591
592	592
593	593
594	594
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596	596
597	597
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599	599	HB5052 - 17 - LRB103 37928 MXP 68060 b
600	600	1 cottage food operation shall either:
601	601	2 (A) submit a recipe that has been tested by the
602	602	3 United States Department of Agriculture or a
603	603	4 cooperative extension system located in this State or
604	604	5 any other state in the United States; or
605	605	6 (B) submit a written food safety plan for each
606	606	7 category of products for which the cottage food
607	607	8 operator uses the same procedures, such as pickles,
608	608	9 kimchi, or hot sauce, and a pH test for a single
609	609	10 product that is representative of that category; the
610	610	11 written food safety plan shall be submitted annually
611	611	12 upon registration and each pH test shall be submitted
612	612	13 every 3 years; the food safety plan shall adhere to
613	613	14 guidelines developed by the Department.
614	614	15 (3) A fermented or acidified food shall be packaged
615	615	16 according to one of the following standards:
616	616	17 (A) A fermented or acidified food that is canned
617	617	18 must be processed in a boiling water bath in a
618	618	19 Mason-style jar or glass container with a
619	619	20 tight-fitting lid.
620	620	21 (B) A fermented or acidified food that is not
621	621	22 canned shall be sold in any container that is new,
622	622	23 clean, and seals properly and must be stored,
623	623	24 transported, and sold at or below 41 degrees.
624	624	25 (4) In order to sell a baked good with cheese, a local
625	625	26 health department may require a cottage food operation to
626	626
627	627
628	628
629	629
630	630
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632	632
633	633
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635	635	HB5052 - 18 - LRB103 37928 MXP 68060 b
636	636	1 submit a recipe, at the cottage food operator's expense,
637	637	2 to a commercial laboratory to verify that it is
638	638	3 non-potentially hazardous before allowing the cottage food
639	639	4 operation to sell the baked good as a cottage food.
640	640	5 (5) For a cottage food operation that does not utilize
641	641	6 a municipal water supply, such as an operation using a
642	642	7 private well, a local health department may require a
643	643	8 water sample test to verify that the water source being
644	644	9 used meets public safety standards related to E. coli
645	645	10 coliform. If a test is requested, it must be conducted at
646	646	11 the cottage food operator's expense.
647	647	12 (6) A person preparing or packaging a product as part
648	648	13 of a cottage food operation must be a Department-approved
649	649	14 certified food protection manager.
650	650	15 (7) Food packaging must conform with the labeling
651	651	16 requirements of the Illinois Food, Drug and Cosmetic Act.
652	652	17 A cottage food product shall be prepackaged and the food
653	653	18 packaging shall be affixed with a prominent label that
654	654	19 includes the following:
655	655	20 (A) the name of the cottage food operation and
656	656	21 unit of local government in which the cottage food
657	657	22 operation is located;
658	658	23 (B) the identifying registration number provided
659	659	24 by the local health department on the certificate of
660	660	25 registration and the name of the municipality or
661	661	26 county in which the registration was filed;
662	662
663	663
664	664
665	665
666	666
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668	668
669	669
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671	671	HB5052 - 19 - LRB103 37928 MXP 68060 b
672	672	1 (C) the common or usual name of the food product;
673	673	2 (D) all ingredients of the food product, including
674	674	3 any color, artificial flavor, and preservative, listed
675	675	4 in descending order by predominance of weight shown
676	676	5 with the common or usual names;
677	677	6 (E) the following phrase in prominent lettering:
678	678	7 "This product was produced in a home kitchen not
679	679	8 inspected by a health department that may also process
680	680	9 common food allergens. If you have safety concerns,
681	681	10 contact your local health department.";
682	682	11 (F) the date the product was processed; and
683	683	12 (G) allergen labeling as specified under federal
684	684	13 labeling requirements.
685	685	14 (8) Food packaging may include the designation
686	686	15 "Illinois-grown", "Illinois-sourced", or "Illinois farm
687	687	16 product" if the packaged product is (1) grown in Illinois;
688	688	17 or (2) processed and packaged in Illinois, using at least
689	689	18 one ingredient grown in Illinois a local farm or food
690	690	19 product as that term is defined in Section 5 of the Local
691	691	20 Food, Farms, and Jobs Act.
692	692	21 (9) In the case of a product that is difficult to
693	693	22 properly label or package, or for other reasons, the local
694	694	23 health department of the location where the product is
695	695	24 sold may grant permission to sell products that are not
696	696	25 prepackaged, in which case other prominent written notice
697	697	26 shall be provided to the purchaser.
698	698
699	699
700	700
701	701
702	702
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704	704
705	705
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708	708	1 (10) At the point of sale, notice must be provided in a
709	709	2 prominent location that states the following: "This
710	710	3 product was produced in a home kitchen not inspected by a
711	711	4 health department that may also process common food
712	712	5 allergens." At a physical display, notice shall be a
713	713	6 placard. Online, notice shall be a message on the cottage
714	714	7 food operation's online sales interface at the point of
715	715	8 sale.
716	716	9 (11) Food and drink produced by a cottage food
717	717	10 operation shall be sold directly to consumers for their
718	718	11 own consumption and not for resale. Sales directly to
719	719	12 consumers include, but are not limited to, sales at or
720	720	13 through:
721	721	14 (A) farmers' markets;
722	722	15 (B) fairs, festivals, public events, or online;
723	723	16 (C) pickup from the private home or farm of the
724	724	17 cottage food operator, if the pickup is not prohibited
725	725	18 by any law of the unit of local government that applies
726	726	19 equally to all cottage food operations; in a
727	727	20 municipality with a population of 1,000,000 or more, a
728	728	21 cottage food operator shall comply with any law of the
729	729	22 municipality that applies equally to all home-based
730	730	23 businesses;
731	731	24 (D) delivery to the customer; and
732	732	25 (E) pickup from a third-party private property
733	733	26 with the consent of the third-party property holder.
734	734
735	735
736	736
737	737
738	738
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740	740
741	741
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743	743	HB5052 - 21 - LRB103 37928 MXP 68060 b
744	744	1 (12) Only food that is non-potentially hazardous may
745	745	2 be shipped. A cottage food product shall not be shipped
746	746	3 out of State. Each cottage food product that is shipped
747	747	4 must be sealed in a manner that reveals tampering,
748	748	5 including, but not limited to, a sticker or pop top.
749	749	6 (c) A local health department shall register any eligible
750	750	7 cottage food operation that meets the requirements of this
751	751	8 Section and shall issue a certificate of registration with an
752	752	9 identifying registration number to each registered cottage
753	753	10 food operation. A local health department may establish a
754	754	11 self-certification program for cottage food operators to
755	755	12 affirm compliance with applicable laws, rules, and
756	756	13 regulations. Registration shall be completed annually and the
757	757	14 local health department may impose a fee not to exceed $50.
758	758	15 (d) In the event of a consumer complaint or foodborne
759	759	16 illness outbreak, upon notice from a different local health
760	760	17 department, or if the Department or a local health department
761	761	18 has reason to believe that an imminent health hazard exists or
762	762	19 that a cottage food operation's product has been found to be
763	763	20 misbranded, adulterated, or not in compliance with the
764	764	21 conditions for cottage food operations set forth in this
765	765	22 Section, the Department or the local health department may:
766	766	23 (1) inspect the premises of the cottage food operation
767	767	24 in question;
768	768	25 (2) set a reasonable fee for the inspection; and
769	769	26 (3) invoke penalties and the cessation of the sale of
770	770
771	771
772	772
773	773
774	774
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776	776
777	777
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779	779	HB5052 - 22 - LRB103 37928 MXP 68060 b
780	780	1 cottage food products until it deems that the situation
781	781	2 has been addressed to the satisfaction of the Department
782	782	3 or local health department; if the situation is not
783	783	4 amenable to being addressed, the local health department
784	784	5 may revoke the cottage food operation's registration
785	785	6 following a process outlined by the local health
786	786	7 department.
787	787	8 (e) A local health department that receives a consumer
788	788	9 complaint or a report of foodborne illness related to a
789	789	10 cottage food operator in another jurisdiction shall refer the
790	790	11 complaint or report to the local health department where the
791	791	12 cottage food operator is registered.
792	792	13 (f) By January 1, 2022, the Department, in collaboration
793	793	14 with local public health department associations and other
794	794	15 stakeholder groups, shall write and issue administrative
795	795	16 guidance to local health departments on the following:
796	796	17 (1) development of a standard registration form,
797	797	18 including, if applicable, a written food safety plan;
798	798	19 (2) development of a Home-Certification Self Checklist
799	799	20 Form;
800	800	21 (3) development of a standard inspection form and
801	801	22 inspection procedures; and
802	802	23 (4) procedures for cottage food operation workspaces
803	803	24 that include, but are not limited to, cleaning products,
804	804	25 general sanitation, and requirements for functional
805	805	26 equipment.
806	806
807	807
808	808
809	809
810	810
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812	812
813	813
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815	815	HB5052 - 23 - LRB103 37928 MXP 68060 b
816	816	1 (g) A person who produces or packages a non-potentially
817	817	2 hazardous baked good for sale by a religious, charitable, or
818	818	3 nonprofit organization for fundraising purposes is exempt from
819	819	4 the requirements of this Section.
820	820	5 (h) A home rule unit may not regulate cottage food
821	821	6 operations in a manner inconsistent with the regulation by the
822	822	7 State of cottage food operations under this Section. This
823	823	8 Section is a limitation under subsection (i) of Section 6 of
824	824	9 Article VII of the Illinois Constitution on the concurrent
825	825	10 exercise by home rule units of powers and functions exercised
826	826	11 by the State.
827	827	12 (i) The Department may adopt rules as may be necessary to
828	828	13 implement the provisions of this Section.
829	829	14 (Source: P.A. 101-81, eff. 7-12-19; 102-633, eff. 1-1-22.)
830	830	HB5052- 24 -LRB103 37928 MXP 68060 b 1 INDEX 2 Statutes amended in order of appearance HB5052- 24 -LRB103 37928 MXP 68060 b HB5052 - 24 - LRB103 37928 MXP 68060 b 1 INDEX 2 Statutes amended in order of appearance
831	831	HB5052- 24 -LRB103 37928 MXP 68060 b HB5052 - 24 - LRB103 37928 MXP 68060 b
832	832	HB5052 - 24 - LRB103 37928 MXP 68060 b
833	833	1 INDEX
834	834	2 Statutes amended in order of appearance
835	835
836	836
837	837
838	838
839	839
840	840	HB5052 - 23 - LRB103 37928 MXP 68060 b
841	841
842	842
843	843
844	844	HB5052- 24 -LRB103 37928 MXP 68060 b HB5052 - 24 - LRB103 37928 MXP 68060 b
845	845	HB5052 - 24 - LRB103 37928 MXP 68060 b
846	846	1 INDEX
847	847	2 Statutes amended in order of appearance
848	848
849	849
850	850
851	851
852	852
853	853	HB5052 - 24 - LRB103 37928 MXP 68060 b