Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2187 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2187 Introduced 2/7/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Procurement Code. Contains provisions concerning procurements made by or on behalf of public institutions of higher education for food. Provides that, in the case of certain contracts for the procurement of food, the chief procurement officer must consider (i) good food purchasing core values and (ii) good food purchasing equity, accountability, and transparency. Amends the Local Food, Farms, and Jobs Act. Provides that the Act may be referred to as the Good Food Purchasing Law. Provides that 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 equity, transparency, and accountability and food purchases with Good Food Purchasing core values. Creates a Good Food Purchasing Task Force. Amends the Food Handling Regulation Enforcement Act. Makes changes concerning food packaging that may include the designation "Illinois-grown", "Illinois-sourced", or "Illinois farm product". LRB104 09079 HLH 19135 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2187 Introduced 2/7/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois Procurement Code. Contains provisions concerning procurements made by or on behalf of public institutions of higher education for food. Provides that, in the case of certain contracts for the procurement of food, the chief procurement officer must consider (i) good food purchasing core values and (ii) good food purchasing equity, accountability, and transparency. Amends the Local Food, Farms, and Jobs Act. Provides that the Act may be referred to as the Good Food Purchasing Law. Provides that 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 equity, transparency, and accountability and food purchases with Good Food Purchasing core values. Creates a Good Food Purchasing Task Force. Amends the Food Handling Regulation Enforcement Act. Makes changes concerning food packaging that may include the designation "Illinois-grown", "Illinois-sourced", or "Illinois farm product". LRB104 09079 HLH 19135 b LRB104 09079 HLH 19135 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2187 Introduced 2/7/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Illinois Procurement Code. Contains provisions concerning procurements made by or on behalf of public institutions of higher education for food. Provides that, in the case of certain contracts for the procurement of food, the chief procurement officer must consider (i) good food purchasing core values and (ii) good food purchasing equity, accountability, and transparency. Amends the Local Food, Farms, and Jobs Act. Provides that the Act may be referred to as the Good Food Purchasing Law. Provides that 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 equity, transparency, and accountability and food purchases with Good Food Purchasing core values. Creates a Good Food Purchasing Task Force. Amends the Food Handling Regulation Enforcement Act. Makes changes concerning food packaging that may include the designation "Illinois-grown", "Illinois-sourced", or "Illinois farm product".
6	6	LRB104 09079 HLH 19135 b LRB104 09079 HLH 19135 b
7	7	LRB104 09079 HLH 19135 b
8	8	A BILL FOR
9	9	SB2187LRB104 09079 HLH 19135 b SB2187 LRB104 09079 HLH 19135 b
10	10	SB2187 LRB104 09079 HLH 19135 b
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 Illinois Procurement Code is amended by
15	15	5 changing Sections 1-13 and 20-5 and by adding Section 45-115
16	16	6 and Article 60 as follows:
17	17	7 (30 ILCS 500/1-13)
18	18	8 Sec. 1-13. Applicability to public institutions of higher
19	19	9 education.
20	20	10 (a) This Code shall apply to public institutions of higher
21	21	11 education, regardless of the source of the funds with which
22	22	12 contracts are paid, except as provided in this Section.
23	23	13 (b) Except as provided in this Section, this Code shall
24	24	14 not apply to procurements made by or on behalf of public
25	25	15 institutions of higher education for any of the following:
26	26	16 (1) Memberships in professional, academic, research,
27	27	17 or athletic organizations on behalf of a public
28	28	18 institution of higher education, an employee of a public
29	29	19 institution of higher education, or a student at a public
30	30	20 institution of higher education.
31	31	21 (2) Procurement expenditures for events or activities
32	32	22 paid for exclusively by revenues generated by the event or
33	33	23 activity, gifts or donations for the event or activity,
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2187 Introduced 2/7/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Illinois Procurement Code. Contains provisions concerning procurements made by or on behalf of public institutions of higher education for food. Provides that, in the case of certain contracts for the procurement of food, the chief procurement officer must consider (i) good food purchasing core values and (ii) good food purchasing equity, accountability, and transparency. Amends the Local Food, Farms, and Jobs Act. Provides that the Act may be referred to as the Good Food Purchasing Law. Provides that 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 equity, transparency, and accountability and food purchases with Good Food Purchasing core values. Creates a Good Food Purchasing Task Force. Amends the Food Handling Regulation Enforcement Act. Makes changes concerning food packaging that may include the designation "Illinois-grown", "Illinois-sourced", or "Illinois farm product".
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43	43	A BILL FOR
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49	49	See Index
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68	68	1 private grants, or any combination thereof.
69	69	2 (3) Procurement expenditures for events or activities
70	70	3 for which the use of specific potential contractors is
71	71	4 mandated or identified by the sponsor of the event or
72	72	5 activity, provided that the sponsor is providing a
73	73	6 majority of the funding for the event or activity.
74	74	7 (4) Procurement expenditures necessary to provide
75	75	8 athletic, artistic or musical services, performances,
76	76	9 events, or productions by or for a public institution of
77	77	10 higher education.
78	78	11 (5) Procurement expenditures for periodicals, books,
79	79	12 subscriptions, database licenses, and other publications
80	80	13 procured for use by a university library or academic
81	81	14 department, except for expenditures related to procuring
82	82	15 textbooks for student use or materials for resale or
83	83	16 rental.
84	84	17 (6) Procurement expenditures for placement of students
85	85	18 in externships, practicums, field experiences, and for
86	86	19 medical residencies and rotations.
87	87	20 (7) Contracts for programming and broadcast license
88	88	21 rights for university-operated radio and television
89	89	22 stations.
90	90	23 (8) Procurement expenditures necessary to perform
91	91	24 sponsored research and other sponsored activities under
92	92	25 grants and contracts funded by the sponsor or by sources
93	93	26 other than State appropriations.
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104	104	1 (9) Contracts with a foreign entity for research or
105	105	2 educational activities, provided that the foreign entity
106	106	3 either does not maintain an office in the United States or
107	107	4 is the sole source of the service or product.
108	108	5 (10) Procurement expenditures for any ongoing software
109	109	6 license or maintenance agreement or competitively
110	110	7 solicited software purchase, when the software, license,
111	111	8 or maintenance agreement is available through only the
112	112	9 software creator or its manufacturer and not a reseller.
113	113	10 (11) Procurement expenditures incurred outside of the
114	114	11 United States for the recruitment of international
115	115	12 students.
116	116	13 (12) Procurement expenditures for contracts entered
117	117	14 into under the Public University Energy Conservation Act.
118	118	15 (13) Procurement expenditures for advertising
119	119	16 purchased directly from a media station or the owner of
120	120	17 the station for distribution of advertising.
121	121	18 Notice of each contract with an annual value of more than
122	122	19 $100,000 entered into by a public institution of higher
123	123	20 education that is related to the procurement of goods and
124	124	21 services identified in items (1) through (13) of this
125	125	22 subsection shall be published in the Procurement Bulletin
126	126	23 within 14 calendar days after contract execution. The Chief
127	127	24 Procurement Officer shall prescribe the form and content of
128	128	25 the notice. Each public institution of higher education shall
129	129	26 provide the Chief Procurement Officer, on a monthly basis, in
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140	140	1 the form and content prescribed by the Chief Procurement
141	141	2 Officer, a report of contracts that are related to the
142	142	3 procurement of goods and services identified in this
143	143	4 subsection. At a minimum, this report shall include the name
144	144	5 of the contractor, a description of the supply or service
145	145	6 provided, the total amount of the contract, the term of the
146	146	7 contract, and the exception to the Code utilized. A copy of any
147	147	8 or all of these contracts shall be made available to the Chief
148	148	9 Procurement Officer immediately upon request. The Chief
149	149	10 Procurement Officer shall submit a report to the Governor and
150	150	11 General Assembly no later than November 1 of each year that
151	151	12 shall include, at a minimum, an annual summary of the monthly
152	152	13 information reported to the Chief Procurement Officer.
153	153	14 (b-5) Except as provided in this subsection, the
154	154	15 provisions of this Code shall not apply to contracts for
155	155	16 medical supplies or to contracts for medical services
156	156	17 necessary for the delivery of care and treatment at medical,
157	157	18 dental, pharmaceutical, or veterinary teaching facilities used
158	158	19 by Southern Illinois University or the University of Illinois
159	159	20 or at any university-operated health care center or dispensary
160	160	21 that provides care, treatment, and medications for students,
161	161	22 faculty, and staff. Furthermore, the provisions of this Code
162	162	23 do not apply to the procurement by such a facility of any
163	163	24 additional supplies or services that the operator of the
164	164	25 facility deems necessary for the effective use and functioning
165	165	26 of the medical supplies or services that are otherwise exempt
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176	176	1 from this Code under this subsection (b-5), including, but not
177	177	2 limited to, procurements necessary for compliance and
178	178	3 management of federal programs. However, other supplies and
179	179	4 services needed for these teaching facilities shall be subject
180	180	5 to the jurisdiction of the Chief Procurement Officer for
181	181	6 Public Institutions of Higher Education who may establish
182	182	7 expedited procurement procedures and may waive or modify
183	183	8 certification, contract, hearing, process and registration
184	184	9 requirements required by this Code. All procurements made
185	185	10 under this subsection shall be documented and may require
186	186	11 publication in the Illinois Procurement Bulletin.
187	187	12 (b-10) Procurements made by or on behalf of the University
188	188	13 of Illinois for investment services may be entered into or
189	189	14 renewed without being subject to the requirements of this
190	190	15 Code. Notice of intent to renew a contract shall be published
191	191	16 in the Illinois Public Higher Education Procurement Bulletin
192	192	17 at least 14 days prior to the execution of a renewal, and the
193	193	18 University of Illinois shall hold a public hearing for
194	194	19 interested parties to provide public comment. Any contract
195	195	20 extended, renewed, or entered pursuant to this exception shall
196	196	21 be published in the Illinois Public Higher Education
197	197	22 Procurement Bulletin within 5 days of contract execution.
198	198	23 (c) Procurements made by or on behalf of public
199	199	24 institutions of higher education for the fulfillment of a
200	200	25 grant shall be made in accordance with the requirements of
201	201	26 this Code to the extent practical.
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212	212	1 Upon the written request of a public institution of higher
213	213	2 education, the Chief Procurement Officer may waive contract,
214	214	3 registration, certification, and hearing requirements of this
215	215	4 Code if, based on the item to be procured or the terms of a
216	216	5 grant, compliance is impractical. The public institution of
217	217	6 higher education shall provide the Chief Procurement Officer
218	218	7 with specific reasons for the waiver, including the necessity
219	219	8 of contracting with a particular potential contractor, and
220	220	9 shall certify that an effort was made in good faith to comply
221	221	10 with the provisions of this Code. The Chief Procurement
222	222	11 Officer shall provide written justification for any waivers.
223	223	12 By November 1 of each year, the Chief Procurement Officer
224	224	13 shall file a report with the General Assembly identifying each
225	225	14 contract approved with waivers and providing the justification
226	226	15 given for any waivers for each of those contracts. Notice of
227	227	16 each waiver made under this subsection shall be published in
228	228	17 the Procurement Bulletin within 14 calendar days after
229	229	18 contract execution. The Chief Procurement Officer shall
230	230	19 prescribe the form and content of the notice.
231	231	20 (d) Notwithstanding this Section, a waiver of the
232	232	21 registration requirements of Section 20-160 does not permit a
233	233	22 business entity and any affiliated entities or affiliated
234	234	23 persons to make campaign contributions if otherwise prohibited
235	235	24 by Section 50-37. The total amount of contracts awarded in
236	236	25 accordance with this Section shall be included in determining
237	237	26 the aggregate amount of contracts or pending bids of a
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248	248	1 business entity and any affiliated entities or affiliated
249	249	2 persons.
250	250	3 (e) Notwithstanding subsection (e) of Section 50-10.5 of
251	251	4 this Code, the Chief Procurement Officer, with the approval of
252	252	5 the Executive Ethics Commission, may permit a public
253	253	6 institution of higher education to accept a bid or enter into a
254	254	7 contract with a business that assisted the public institution
255	255	8 of higher education in determining whether there is a need for
256	256	9 a contract or assisted in reviewing, drafting, or preparing
257	257	10 documents related to a bid or contract, provided that the bid
258	258	11 or contract is essential to research administered by the
259	259	12 public institution of higher education and it is in the best
260	260	13 interest of the public institution of higher education to
261	261	14 accept the bid or contract. For purposes of this subsection,
262	262	15 "business" includes all individuals with whom a business is
263	263	16 affiliated, including, but not limited to, any officer, agent,
264	264	17 employee, consultant, independent contractor, director,
265	265	18 partner, manager, or shareholder of a business. The Executive
266	266	19 Ethics Commission may promulgate rules and regulations for the
267	267	20 implementation and administration of the provisions of this
268	268	21 subsection (e).
269	269	22 (e-5) Procurements made by or on behalf of public
270	270	23 institutions of higher education for food shall be made in
271	271	24 accordance with Section 25-10.
272	272	25 (f) As used in this Section:
273	273	26 "Grant" means non-appropriated funding provided by a
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284	284	1 federal or private entity to support a project or program
285	285	2 administered by a public institution of higher education and
286	286	3 any non-appropriated funding provided to a sub-recipient of
287	287	4 the grant.
288	288	5 "Public institution of higher education" means Chicago
289	289	6 State University, Eastern Illinois University, Governors State
290	290	7 University, Illinois State University, Northeastern Illinois
291	291	8 University, Northern Illinois University, Southern Illinois
292	292	9 University, University of Illinois, Western Illinois
293	293	10 University, and, for purposes of this Code only, the Illinois
294	294	11 Mathematics and Science Academy.
295	295	12 (g) (Blank).
296	296	13 (h) The General Assembly finds and declares that:
297	297	14 (1) Public Act 98-1076, which took effect on January
298	298	15 1, 2015, changed the repeal date set for this Section from
299	299	16 December 31, 2014 to December 31, 2016.
300	300	17 (2) The Statute on Statutes sets forth general rules
301	301	18 on the repeal of statutes and the construction of multiple
302	302	19 amendments, but Section 1 of that Act also states that
303	303	20 these rules will not be observed when the result would be
304	304	21 "inconsistent with the manifest intent of the General
305	305	22 Assembly or repugnant to the context of the statute".
306	306	23 (3) This amendatory Act of the 100th General Assembly
307	307	24 manifests the intention of the General Assembly to remove
308	308	25 the repeal of this Section.
309	309	26 (4) This Section was originally enacted to protect,
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320	320	1 promote, and preserve the general welfare. Any
321	321	2 construction of this Section that results in the repeal of
322	322	3 this Section on December 31, 2014 would be inconsistent
323	323	4 with the manifest intent of the General Assembly and
324	324	5 repugnant to the context of this Code.
325	325	6 It is hereby declared to have been the intent of the
326	326	7 General Assembly that this Section not be subject to repeal on
327	327	8 December 31, 2014.
328	328	9 This Section shall be deemed to have been in continuous
329	329	10 effect since December 20, 2011 (the effective date of Public
330	330	11 Act 97-643), and it shall continue to be in effect
331	331	12 henceforward until it is otherwise lawfully repealed. All
332	332	13 previously enacted amendments to this Section taking effect on
333	333	14 or after December 31, 2014, are hereby validated.
334	334	15 All actions taken in reliance on or pursuant to this
335	335	16 Section by any public institution of higher education, person,
336	336	17 or entity are hereby validated.
337	337	18 In order to ensure the continuing effectiveness of this
338	338	19 Section, it is set forth in full and re-enacted by this
339	339	20 amendatory Act of the 100th General Assembly. This
340	340	21 re-enactment is intended as a continuation of this Section. It
341	341	22 is not intended to supersede any amendment to this Section
342	342	23 that is enacted by the 100th General Assembly.
343	343	24 In this amendatory Act of the 100th General Assembly, the
344	344	25 base text of the reenacted Section is set forth as amended by
345	345	26 Public Act 98-1076. Striking and underscoring is used only to
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356	356	1 show changes being made to the base text.
357	357	2 This Section applies to all procurements made on or before
358	358	3 the effective date of this amendatory Act of the 100th General
359	359	4 Assembly.
360	360	5 (Source: P.A. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22;
361	361	6 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24; 103-865, eff.
362	362	7 1-1-25.)
363	363	8 (30 ILCS 500/20-5)
364	364	9 Sec. 20-5. Method of source selection. Unless otherwise
365	365	10 authorized by law, all State contracts shall be awarded by
366	366	11 competitive sealed bidding, in accordance with Section 20-10,
367	367	12 except as provided in Sections 20-15, 20-20, 20-25, 20-30,
368	368	13 20-35, 30-15, and 40-20, and 60-15. The chief procurement
369	369	14 officers appointed pursuant to Section 10-20 may determine the
370	370	15 method of solicitation and contract for all procurements
371	371	16 pursuant to this Code.
372	372	17 (Source: P.A. 98-1076, eff. 1-1-15.)
373	373	18 (30 ILCS 500/45-115 new)
374	374	19 Sec. 45-115. Alignment with the Good Food Purchasing Law.
375	375	20 When a State agency or a State-owned facility contract for the
376	376	21 procurement of food is to be awarded pursuant to Section 20-15
377	377	22 of this Code, the chief procurement officer must consider the
378	378	23 following factors and may give preference over other proposers
379	379	24 to an otherwise qualified proposer who will fulfill the
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390	390	1 contract:
391	391	2 (1) the good food purchasing core values defined in
392	392	3 the Local Food, Farms, and Jobs Act; and
393	393	4 (2) good food purchasing equity, accountability, and
394	394	5 transparency defined in the Local Food, Farms, and Jobs
395	395	6 Act.
396	396	7 (30 ILCS 500/Art. 60 heading new)
397	397	8 ARTICLE 60. FOOD PROCUREMENT
398	398	9 (30 ILCS 500/60-5 new)
399	399	10 Sec. 60-5. Applicability. All State agencies and
400	400	11 State-owned facility food contracts, including public
401	401	12 institutions of higher education, shall be procured in
402	402	13 accordance with the provisions of this Article.
403	403	14 (30 ILCS 500/60-10 new)
404	404	15 Sec. 60-10. Authority. Chief procurement officers shall
405	405	16 have the authority to procure food.
406	406	17 (30 ILCS 500/60-15 new)
407	407	18 Sec. 60-15. Method of source selection. Each State agency
408	408	19 and State-owned facility food contract shall be awarded by
409	409	20 competitive sealed proposal in accordance with Section 20-15
410	410	21 of this Code, except as provided in Sections 20-20 and 20-30.
411	411	22 The chief procurement officers appointed pursuant to Section
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422	422	1 10-20 may determine the method of solicitation for all
423	423	2 procurements pursuant to this Act.
424	424	3 Section 10. The Local Food, Farms, and Jobs Act is amended
425	425	4 by changing Sections 1 and 5 and by adding Sections 12, 35, and
426	426	5 40 as follows:
427	427	6 (30 ILCS 595/1)
428	428	7 Sec. 1. Short title. This Act may be cited as the "Local
429	429	8 Food, Farms, and Jobs Act". This Act may be referred to as the
430	430	9 Good Food Purchasing Law.
431	431	10 (Source: P.A. 96-579, eff. 8-18-09.)
432	432	11 (30 ILCS 595/5)
433	433	12 Sec. 5. Definitions. As used in this Act:
434	434	13 "Good Food Purchasing Program core values" means Good Food
435	435	14 Purchasing Program procurement criteria based on all of the
436	436	15 following:
437	437	16 (1) Prioritizing local suppliers, especially small or
438	438	17 mid-sized farms, food manufacturers, or food businesses
439	439	18 that are privately or cooperatively operated or operated
440	440	19 as a not-for-profit within (i) a 250-mile radius for food
441	441	20 other than meat, poultry, or seafood or (ii) a 500-mile
442	442	21 radius for meat, poultry, or seafood, prioritizing
443	443	22 suppliers that are entrepreneurs of color and community
444	444	23 members most impacted by current and historic economic
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455	455	1 marginalization, leveraging institutional buying power,
456	456	2 infrastructure, financial resources, staff time, and land
457	457	3 in support of community members, food producers, and food
458	458	4 workers who have experienced negative systemic social or
459	459	5 economic impact, building partnerships with community
460	460	6 members to ensure that food products and menus reflect the
461	461	7 interests and cultures of everyone they serve, and
462	462	8 identifying pathways for purchasing from small and
463	463	9 community-based suppliers for products that cannot be
464	464	10 grown or harvested within the mileage limitations, such as
465	465	11 seafood, coffee, cocoa, and sugar.
466	466	12 (2) Prioritizing suppliers that consider: (i)
467	467	13 community health and universal rights to clean air and
468	468	14 water; (ii) reduction or elimination of synthetic
469	469	15 pesticides and fertilizers; (iii) improved soil health and
470	470	16 carbon sequestration; (iv) reduced fossil fuel energy
471	471	17 inputs and protection of water resources; (v) biodiversity
472	472	18 and ecological resilience; (vi) food waste reduction;
473	473	19 (vii) greenhouse gas emission reduction; and (viii)
474	474	20 reduction or elimination of single-use plastics and other
475	475	21 resource-intensive packaging and reducing carbon and water
476	476	22 footprint of food purchases.
477	477	23 (3) Sourcing from producers and vendors that (i)
478	478	24 comply with labor laws, including minimum wage laws,
479	479	25 through contractual requirements and enforcement, (ii)
480	480	26 honor the right to freedom of association, (iii) provide
481	481
482	482
483	483
484	484
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491	491	1 workers with the ability to organize a union and to
492	492	2 bargain collectively, free from reprisal, for livable
493	493	3 wages and safe and healthy working conditions, and (iv)
494	494	4 uphold and implement workers' rights principles, and (v)
495	495	5 implement cooperative ownership, democratic
496	496	6 decision-making, and migrant, racial, and gender justice.
497	497	7 (4) Sourcing from farms and ranches that provide
498	498	8 healthy and humane conditions for farm animals throughout
499	499	9 their lives through (i) nutrition, (ii) physical
500	500	10 environment, (iii) health, (iv) behavioral interaction;
501	501	11 and (v) mental or affective state.
502	502	12 (5) Promoting community health, nutrition, equitable
503	503	13 access, and food sovereignty by prioritizing high-quality
504	504	14 and culturally relevant whole or minimally processed
505	505	15 foods, including vegetables, fruit, and whole grains, and
506	506	16 plant-forward meals. Preservation methods such as canning
507	507	17 and bottling using oils, sugar, or salt are not permitted.
508	508	18 (6) In general, prioritizing products certified under
509	509	19 certifications currently endorsed by anorganization
510	510	20 managing the Good Food Purchasing Program.
511	511	21 "Good Food Purchasing Program equity, accountability, and
512	512	22 transparency" means:
513	513	23 (1) Having or developing a supplier or vendor
514	514	24 diversification plan with goals that include reporting and
515	515	25 accountability measures. Measures should be disaggregated
516	516	26 by demographic group, including race and gender.
517	517
518	518
519	519
520	520
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527	527	1 (2) Planning implementation should prioritize
528	528	2 purchases and address barriers to entry for suppliers who
529	529	3 have experienced negative systemic social or economic
530	530	4 impacts including, but not limited to women, veterans,
531	531	5 persons with disabilities, and especially people of color,
532	532	6 across all supply chains and to the greatest extent
533	533	7 possible.
534	534	8 (3) Sharing purchasing data, assessments, purchasing
535	535	9 targets, or implementation plans in a publicly accessible
536	536	10 location including online with community members to
537	537	11 facilitate engagement and transparency.
538	538	12 (4) Engaging with community members, including, but
539	539	13 not limited to, people served by meal programs, food
540	540	14 service workers, constituents, and local food businesses,
541	541	15 in informing values-based purchasing decisions and
542	542	16 processes.
543	543	17 (5) Developing and implementing comprehensive
544	544	18 institutional policies that reflect community needs and
545	545	19 values and prioritize transparency, racial equity, local
546	546	20 economies, environmental sustainability, valued
547	547	21 workforce, animal welfare, and community health and
548	548	22 nutrition within their operations and food procurement.
549	549	23 (6) Ensuring that institutional policies are embedded
550	550	24 in agreements for contracted food services and that
551	551	25 mechanisms are developed to ensure compliance and
552	552	26 accountability through reporting and active contract
553	553
554	554
555	555
556	556
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563	563	1 management.
564	564	2 "Minimally processed foods" means foods that are unaltered
565	565	3 or slightly altered from the food's natural state through such
566	566	4 processes as removal of inedible or unwanted parts, drying,
567	567	5 powdering, squeezing, crushing, grinding, fractioning,
568	568	6 steaming, poaching, boiling, roasting, pasteurization,
569	569	7 chilling, freezing, placing in containers, vacuum packaging,
570	570	8 nonalcoholic fermentation, and other methods that do not add
571	571	9 to the original food, salt, sugar oils or fats, or food
572	572	10 substances, other than additives that prolong product
573	573	11 duration, protect original properties, or prevent
574	574	12 proliferation of microorganisms. "Minimally processed foods"
575	575	13 include, but are not limited to, whole grains or flours; fresh
576	576	14 or frozen fruits and vegetables; meat, poultry, fish, and
577	577	15 seafood, whole or in the form of steaks, fillets, and other
578	578	16 cuts; fresh or pasteurized milk, eggs, fresh or pasteurized
579	579	17 plain yogurt, legumes, and nuts and seeds. "Minimally
580	580	18 processed foods" also includes foods made of 2 or more items in
581	581	19 this group, such as dried mixed fruits, and foods with
582	582	20 vitamins and minerals generally added to replace nutrients
583	583	21 lost during minimal processing, such as flour fortified with
584	584	22 iron and folic acid.
585	585	23 "Local farm or food products" are products: (1) grown in
586	586	24 Illinois; or (2) processed and packaged in Illinois, using at
587	587	25 least one ingredient grown in Illinois.
588	588	26 (Source: P.A. 101-258, eff. 1-1-20.)
589	589
590	590
591	591
592	592
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595	595
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599	599	1 (30 ILCS 595/12 new)
600	600	2 Sec. 12. Good Food Purchasing Program.
601	601	3 (a) No later than one year after the effective date of this
602	602	4 amendatory Act of the 104th General Assembly, each State
603	603	5 agency and State-owned facility that purchases food,
604	604	6 including, without limitation, facilities for persons with
605	605	7 mental health and developmental disabilities, correction
606	606	8 facilities, and public institutions of higher education,
607	607	9 including community colleges, shall have a timely plan for
608	608	10 undergoing a Good Food Purchasing baseline assessment
609	609	11 conducted by a national organization equipped to conduct such
610	610	12 assessment, to determine current alignment with Good Food
611	611	13 Purchasing core values and Good Food Purchasing equity,
612	612	14 transparency, and accountability and how better to meet the
613	613	15 Good Food Purchasing core values and Good Food Purchasing
614	614	16 equity, transparency, and accountability.
615	615	17 (b) No later than one year after completion of the
616	616	18 baseline assessment under subsection (a), each State agency
617	617	19 and State-owned facility shall develop and adopt a multi-year
618	618	20 action plan with benchmarks to align food purchasing processes
619	619	21 with Good Food Purchasing equity, transparency, and
620	620	22 accountability and food purchases with Good Food Purchasing
621	621	23 core values.
622	622	24 (c) Upon adoption of the multi-year action plan required
623	623	25 under subsection (b) of this Section, each State agency and
624	624
625	625
626	626
627	627
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631	631
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634	634	1 State-owned facility shall procure food pursuant to Section
635	635	2 20-15 of the Illinois Procurement Code.
636	636	3 (d) The year after completing the multi-year action plan
637	637	4 and each year thereafter, each State agency and State-owned
638	638	5 facility shall undergo a Good Food Purchasing assessment and
639	639	6 update its multi-year action plan to annually increase the
640	640	7 procurement of food that meets the Good Food Purchasing core
641	641	8 values and Good Food Purchasing equity, transparency, and
642	642	9 accountability.
643	643	10 (e) (Blank).
644	644	11 (f) To facilitate reporting required under this Section,
645	645	12 all State agencies and State-owned facilities that purchase
646	646	13 food shall include in all requests for proposals, and
647	647	14 contracts a requirement for vendor data-sharing, including,
648	648	15 but not limited to, product types, quantities, sizes, prices,
649	649	16 origin, processors, and distributors.
650	650	17 (g) On each January 1 following adoption of a multi-year
651	651	18 action plan, each State agency and State-owned facility that
652	652	19 purchases food shall publish in its procurement bulletin and
653	653	20 on its website, in the form and format prescribed by the chief
654	654	21 procurement officer, notice of its purchases of food in the
655	655	22 immediately preceding fiscal year, its Good Food Purchasing 9
656	656	23 baseline and annual assessments, in the immediately preceding
657	657	24 fiscal year and its multi-year 10 action plan.
658	658	25 (h) Under the procedures laid out in under subsection (h)
659	659	26 of Section 5-5 of the Illinois Procurement Code, the
660	660
661	661
662	662
663	663
664	664
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666	666
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670	670	1 Procurement Policy Board may review a proposal or contract and
671	671	2 issue a recommendation to void a contract or reject a proposal
672	672	3 based on a vendor's or proposer's current violation or history
673	673	4 of violation of federal, State, or local law, including, but
674	674	5 not limited to, federal labor laws under Title 29 of the United
675	675	6 States Code and the Minimum Wage Law.
676	676	7 (30 ILCS 595/35 new)
677	677	8 Sec. 35. Good Food Purchasing Task Force.
678	678	9 (a) The Good Food Purchasing Task Force created by House
679	679	10 Joint Resolution 33 adopted in the 102nd General Assembly is
680	680	11 reestablished and shall continue with its study of current
681	681	12 procurement of food within the State and to explore how good
682	682	13 food purchasing can be implemented to maximize the procurement
683	683	14 of healthy foods that are sustainably, locally, and equitably
684	684	15 sourced.
685	685	16 (b) Any action taken in reliance on House Joint Resolution
686	686	17 33 of the 102nd General Assembly after January 1, 2023 by any
687	687	18 person or entity is hereby validated.
688	688	19 (c) The Task Force shall consist of the following members,
689	689	20 who shall serve without compensation:
690	690	21 (1) the Lieutenant Governor or his or her designee;
691	691	22 (2) the Speaker of the House of Representatives or his
692	692	23 or her designee;
693	693	24 (3) the Minority Leader of the House of
694	694	25 Representatives or his or her designee;
695	695
696	696
697	697
698	698
699	699
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702	702
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705	705	1 (4) the Senate President or his or her designee;
706	706	2 (5) the Senate Minority Leader or his or her designee;
707	707	3 (6) one member nominated by a statewide local food
708	708	4 advocacy organization and appointed by the Lieutenant
709	709	5 Governor;
710	710	6 (7) one member nominated by a national multi-sector
711	711	7 food advocacy organization and appointed by the Lieutenant
712	712	8 Governor;
713	713	9 (8) one member nominated by a Chicago-based food
714	714	10 advocacy organization and appointed by the Lieutenant
715	715	11 Governor;
716	716	12 (9) one member nominated by a statewide environmental
717	717	13 advocacy organization and appointed by the Lieutenant
718	718	14 Governor;
719	719	15 (10) one member nominated by a statewide labor
720	720	16 organization that represents food workers and appointed by
721	721	17 the Lieutenant Governor;
722	722	18 (11) one member nominated by a national farm-animal
723	723	19 welfare organization and appointed by the Lieutenant
724	724	20 Governor;
725	725	21 (12) the Director of the Department of Commerce and
726	726	22 Economic Opportunity or his or her designee;
727	727	23 (13) the Director of the Environmental Protection
728	728	24 Agency or his or her designee;
729	729	25 (14) the Director of the Department of Public Health
730	730	26 or his or her designee;
731	731
732	732
733	733
734	734
735	735
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738	738
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741	741	1 (15) the Director of the Department of Natural
742	742	2 Resources or his or her designee;
743	743	3 (16) the Chief Procurement Officer for General
744	744	4 Services or his or her designee;
745	745	5 (17) the Chief Procurement Officer for Higher
746	746	6 Education or his or her designee;
747	747	7 (18) the Chief Procurement Officer for the Secretary
748	748	8 of State's Office or his or her designee;
749	749	9 (19) the Director of Corrections or his or her
750	750	10 designee;
751	751	11 (20) the Secretary of Human Services or his or her
752	752	12 designee;
753	753	13 (21) the Director of Central Management Services or
754	754	14 his or her designee;
755	755	15 (22) the Director of the Department of Agriculture or
756	756	16 his or her designee; and
757	757	17 (23) one member nominated by a statewide organization
758	758	18 that advocates for healthy nutrition and appointed by
759	759	19 Lieutenant Governor.
760	760	20 Members of the Task Force shall serve without
761	761	21 compensation. The Task Force members shall select a
762	762	22 chairperson at the first meeting of the Task Force. Any member
763	763	23 appointed under House Joint Resolution 33 of the 102nd General
764	764	24 Assembly who was a member of the Task Force at the end of the
765	765	25 102nd General Assembly shall continue to serve on the Task
766	766	26 Force until the appointed member resigns or is otherwise
767	767
768	768
769	769
770	770
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777	777	1 removed from the Task Force.
778	778	2 (d) The Department of Agriculture shall provide
779	779	3 administrative support for the Task Force.
780	780	4 (e) The task force shall submit its interim report to the
781	781	5 Governor and General Assembly no later than one year after the
782	782	6 effective date of this amendatory Act of the 104th General
783	783	7 Assembly and its final report 2 years after the effective date
784	784	8 of this amendatory Act of the 104th General Assembly.
785	785	9 Following submission of the final report, the Task Force shall
786	786	10 continue to meet to monitor and support implementation of this
787	787	11 Act.
788	788	12 (30 ILCS 595/40 new)
789	789	13 Sec. 40. Good Food Purchasing Fund. The Good Food
790	790	14 Purchasing Fund is established as a special fund in the State
791	791	15 treasury. Interest earned by the Good Food Purchasing Fund
792	792	16 shall be credited to the fund. Moneys in the fund are
793	793	17 continuously appropriated to the Department of Agriculture to
794	794	18 administer this Act, including by created a Good Food
795	795	19 Purchasing office within the Department, hiring staff, and
796	796	20 providing training and technical assistance to State agencies
797	797	21 and State-owned facilities that purchase food. The fund shall
798	798	22 be subject to appropriations; however, the Department shall be
799	799	23 permitted to accept federal government, local government, and
800	800	24 private resources at any time to implement this Act.
801	801
802	802
803	803
804	804
805	805
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811	811	1 (30 ILCS 595/10 rep.)
812	812	2 Section 15. The Local Food, Farms, and Jobs Act is amended
813	813	3 by repealing Section 10.
814	814	4 Section 20. The Food Handling Regulation Enforcement Act
815	815	5 is amended by changing Section 4 as follows:
816	816	6 (410 ILCS 625/4)
817	817	7 Sec. 4. Cottage food operation.
818	818	8 (a) For the purpose of this Section:
819	819	9 A food is "acidified" if: (i) acid or acid ingredients are
820	820	10 added to it to produce a final equilibrium pH of 4.6 or below
821	821	11 and a water activity greater than 0.85; or (ii) it is fermented
822	822	12 to produce a final equilibrium pH of 4.6 or below.
823	823	13 "Canned food" means food that has been heat processed
824	824	14 sufficiently under United States Department of Agriculture
825	825	15 guidelines to enable storing the food at normal home
826	826	16 temperatures.
827	827	17 "Cottage food operation" means an operation conducted by a
828	828	18 person who produces or packages food or drink, other than
829	829	19 foods and drinks listed as prohibited in paragraph (1.5) of
830	830	20 subsection (b) of this Section, in a kitchen located in that
831	831	21 person's primary domestic residence or another appropriately
832	832	22 designed and equipped kitchen on a farm for direct sale by the
833	833	23 owner, a family member, or an employee.
834	834	24 "Cut leafy greens" means fresh leafy greens whose leaves
835	835
836	836
837	837
838	838
839	839
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841	841
842	842
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844	844	SB2187 - 24 - LRB104 09079 HLH 19135 b
845	845	1 have been cut, shredded, sliced, chopped, or torn. "Cut leafy
846	846	2 greens" does not mean cut-to-harvest leafy greens.
847	847	3 "Department" means the Department of Public Health.
848	848	4 "Employee" means a person who is employed by and receives
849	849	5 monetary compensation from a cottage food operator.
850	850	6 "Equilibrium pH" means the final potential of hydrogen
851	851	7 measured in an acidified food after all the components of the
852	852	8 food have achieved the same acidity.
853	853	9 "Farmers' market" means a common facility or area where
854	854	10 farmers gather to sell a variety of fresh fruits and
855	855	11 vegetables and other locally produced farm and food products
856	856	12 directly to consumers.
857	857	13 "Leafy greens" includes iceberg lettuce; romaine lettuce;
858	858	14 leaf lettuce; butter lettuce; baby leaf lettuce, such as
859	859	15 immature lettuce or leafy greens; escarole; endive; spring
860	860	16 mix; spinach; cabbage; kale; arugula; and chard. "Leafy
861	861	17 greens" does not include microgreens or herbs such as cilantro
862	862	18 or parsley.
863	863	19 "Local health department" means a State-certified health
864	864	20 department of a unit of local government in which a cottage
865	865	21 food operation is located or, if the cottage food operation is
866	866	22 located in a county that does not have a local health
867	867	23 department, is registered.
868	868	24 "Local public health department association" means an
869	869	25 association solely representing 2 or more State-certified
870	870	26 local health departments.
871	871
872	872
873	873
874	874
875	875
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877	877
878	878
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881	881	1 "Low-acid canned food" means any canned food with a
882	882	2 finished equilibrium pH greater than 4.6 and a water activity
883	883	3 greater than 0.85.
884	884	4 "Microgreen" means an edible plant seedling grown in soil
885	885	5 or substrate and harvested above the soil or substrate line.
886	886	6 "Mobile farmers markets" means a farmers market that is
887	887	7 operated from a movable motor drive or propelled vehicle or
888	888	8 trailer that can change location, including a farmers market
889	889	9 that is owned and operated by a farmer or a third party selling
890	890	10 products on behalf of farmers or cottage food operations with
891	891	11 the intent of a direct sale to an end consumer.
892	892	12 "Sprout" means any seedling intended for human consumption
893	893	13 that was produced in a manner that does not meet the definition
894	894	14 of microgreen.
895	895	15 "Time/temperature control for safety food" means a food
896	896	16 that is stored under time or temperature control for food
897	897	17 safety according to the Department's administrative rules.
898	898	18 (b) A cottage food operation may produce homemade food and
899	899	19 drink provided that all of the following conditions are met:
900	900	20 (1) (Blank).
901	901	21 (1.3) A cottage food operation must register with the
902	902	22 local health department for the unit of local government
903	903	23 in which it is located, but may sell products outside of
904	904	24 the unit of local government where the cottage food
905	905	25 operation is located. If a county does not have a local
906	906	26 health department, the county shall enter into an
907	907
908	908
909	909
910	910
911	911
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913	913
914	914
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917	917	1 agreement or contract with a local health department in an
918	918	2 adjacent county to register cottage food operations in the
919	919	3 jurisdiction of the county that does not have a health
920	920	4 department. The adjacent local health department where the
921	921	5 cottage food operation registers has the powers described
922	922	6 in subsection (d). A copy of the certificate of
923	923	7 registration must be available upon request by any local
924	924	8 health department.
925	925	9 (1.5) A cottage food operation shall not sell or offer
926	926	10 to sell the following food items or processed foods
927	927	11 containing the following food items, except as indicated:
928	928	12 (A) meat, poultry, fish, seafood, or shellfish;
929	929	13 (B) dairy, except as an ingredient in a baked good
930	930	14 or candy that is not a time/temperature control for
931	931	15 safety food, such as caramel, subject to paragraph
932	932	16 (4), or as an ingredient in a baked good frosting, such
933	933	17 as buttercream;
934	934	18 (C) eggs, except as an ingredient in a food that is
935	935	19 not a time/temperature control for safety food,
936	936	20 including dry noodles, or as an ingredient in a baked
937	937	21 good frosting, such as buttercream, if the eggs are
938	938	22 not raw;
939	939	23 (D) pumpkin pies, sweet potato pies, cheesecakes,
940	940	24 custard pies, creme pies, and pastries with
941	941	25 time/temperature control for safety foods that are
942	942	26 fillings or toppings;
943	943
944	944
945	945
946	946
947	947
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949	949
950	950
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953	953	1 (E) garlic in oil or oil infused with garlic,
954	954	2 except if the garlic oil is acidified;
955	955	3 (F) low-acid canned foods;
956	956	4 (G) sprouts;
957	957	5 (H) cut leafy greens, except for cut leafy greens
958	958	6 that are dehydrated, acidified, or blanched and
959	959	7 frozen;
960	960	8 (I) cut or pureed fresh tomato or melon;
961	961	9 (J) dehydrated tomato or melon;
962	962	10 (K) frozen cut melon;
963	963	11 (L) wild-harvested, non-cultivated mushrooms;
964	964	12 (M) alcoholic beverages; or
965	965	13 (N) kombucha.
966	966	14 (1.6) In order to sell canned tomatoes or a canned
967	967	15 product containing tomatoes, a cottage food operator shall
968	968	16 either:
969	969	17 (A) follow exactly a recipe that has been tested
970	970	18 by the United States Department of Agriculture or by a
971	971	19 state cooperative extension located in this State or
972	972	20 any other state in the United States; or
973	973	21 (B) submit the recipe, at the cottage food
974	974	22 operator's expense, to a commercial laboratory
975	975	23 according to the commercial laboratory's directions to
976	976	24 test that the product has been adequately acidified;
977	977	25 use only the varietal or proportionate varietals of
978	978	26 tomato included in the tested recipe for all
979	979
980	980
981	981
982	982
983	983
984	984	SB2187 - 27 - LRB104 09079 HLH 19135 b
985	985
986	986
987	987	SB2187- 28 -LRB104 09079 HLH 19135 b SB2187 - 28 - LRB104 09079 HLH 19135 b
988	988	SB2187 - 28 - LRB104 09079 HLH 19135 b
989	989	1 subsequent batches of such recipe; and provide
990	990	2 documentation of the annual test results of the recipe
991	991	3 submitted under this subparagraph upon registration
992	992	4 and to an inspector upon request during any inspection
993	993	5 authorized by subsection (d).
994	994	6 (2) In order to sell a fermented or acidified food, a
995	995	7 cottage food operation shall either:
996	996	8 (A) submit a recipe that has been tested by the
997	997	9 United States Department of Agriculture or a
998	998	10 cooperative extension system located in this State or
999	999	11 any other state in the United States; or
1000	1000	12 (B) submit a written food safety plan for each
1001	1001	13 category of products for which the cottage food
1002	1002	14 operator uses the same procedures, such as pickles,
1003	1003	15 kimchi, or hot sauce, and a pH test for a single
1004	1004	16 product that is representative of that category; the
1005	1005	17 written food safety plan shall be submitted annually
1006	1006	18 upon registration and each pH test shall be submitted
1007	1007	19 every 3 years; the food safety plan shall adhere to
1008	1008	20 guidelines developed by the Department.
1009	1009	21 (3) A fermented or acidified food shall be packaged
1010	1010	22 according to one of the following standards:
1011	1011	23 (A) A fermented or acidified food that is canned
1012	1012	24 must be processed in a boiling water bath in a
1013	1013	25 Mason-style jar or glass container with a
1014	1014	26 tight-fitting lid.
1015	1015
1016	1016
1017	1017
1018	1018
1019	1019
1020	1020	SB2187 - 28 - LRB104 09079 HLH 19135 b
1021	1021
1022	1022
1023	1023	SB2187- 29 -LRB104 09079 HLH 19135 b SB2187 - 29 - LRB104 09079 HLH 19135 b
1024	1024	SB2187 - 29 - LRB104 09079 HLH 19135 b
1025	1025	1 (B) A fermented or acidified food that is not
1026	1026	2 canned shall be sold in any container that is new,
1027	1027	3 clean, and seals properly and must be stored,
1028	1028	4 transported, and sold at or below 41 degrees.
1029	1029	5 (4) In order to sell a baked good with cheese, a local
1030	1030	6 health department may require a cottage food operation to
1031	1031	7 submit a recipe, at the cottage food operator's expense,
1032	1032	8 to a commercial laboratory to verify that it is not a
1033	1033	9 time/temperature time-or-temperature control for safety
1034	1034	10 food before allowing the cottage food operation to sell
1035	1035	11 the baked good as a cottage food.
1036	1036	12 (5) For a cottage food operation that does not utilize
1037	1037	13 a municipal water supply, such as an operation using a
1038	1038	14 private well, a local health department may require a
1039	1039	15 water sample test to verify that the water source being
1040	1040	16 used meets public safety standards related to E. coli
1041	1041	17 coliform. If a test is requested, it must be conducted at
1042	1042	18 the cottage food operator's expense.
1043	1043	19 (6) A person preparing or packaging a product as part
1044	1044	20 of a cottage food operation must be a Department-approved
1045	1045	21 certified food protection manager.
1046	1046	22 (7) Food packaging must conform with the labeling
1047	1047	23 requirements of the Illinois Food, Drug and Cosmetic Act.
1048	1048	24 A cottage food product shall be prepackaged and the food
1049	1049	25 packaging shall be affixed with a prominent label that
1050	1050	26 includes the following:
1051	1051
1052	1052
1053	1053
1054	1054
1055	1055
1056	1056	SB2187 - 29 - LRB104 09079 HLH 19135 b
1057	1057
1058	1058
1059	1059	SB2187- 30 -LRB104 09079 HLH 19135 b SB2187 - 30 - LRB104 09079 HLH 19135 b
1060	1060	SB2187 - 30 - LRB104 09079 HLH 19135 b
1061	1061	1 (A) the name of the cottage food operation and
1062	1062	2 unit of local government in which the cottage food
1063	1063	3 operation is located;
1064	1064	4 (B) the identifying registration number provided
1065	1065	5 by the local health department on the certificate of
1066	1066	6 registration and the name of the municipality or
1067	1067	7 county in which the registration was filed;
1068	1068	8 (C) the common or usual name of the food product;
1069	1069	9 (D) all ingredients of the food product, including
1070	1070	10 any color, artificial flavor, and preservative, listed
1071	1071	11 in descending order by predominance of weight shown
1072	1072	12 with the common or usual names;
1073	1073	13 (E) the following phrase in prominent lettering:
1074	1074	14 "This product was produced in a home kitchen not
1075	1075	15 inspected by a health department that may also process
1076	1076	16 common food allergens. If you have safety concerns,
1077	1077	17 contact your local health department.";
1078	1078	18 (F) the date the product was processed; and
1079	1079	19 (G) allergen labeling as specified under federal
1080	1080	20 labeling requirements.
1081	1081	21 (8) Food packaging may include the designation
1082	1082	22 "Illinois-grown", "Illinois-sourced", or "Illinois farm
1083	1083	23 product" if the packaged product is (1) grown in Illinois;
1084	1084	24 or (2) processed and packaged in Illinois, using at least
1085	1085	25 one ingredient grown in Illinois a local farm or food
1086	1086	26 product as that term is defined in Section 5 of the Local
1087	1087
1088	1088
1089	1089
1090	1090
1091	1091
1092	1092	SB2187 - 30 - LRB104 09079 HLH 19135 b
1093	1093
1094	1094
1095	1095	SB2187- 31 -LRB104 09079 HLH 19135 b SB2187 - 31 - LRB104 09079 HLH 19135 b
1096	1096	SB2187 - 31 - LRB104 09079 HLH 19135 b
1097	1097	1 Food, Farms, and Jobs Act.
1098	1098	2 (9) In the case of a product that is difficult to
1099	1099	3 properly label or package, or for other reasons, the local
1100	1100	4 health department of the location where the product is
1101	1101	5 sold may grant permission to sell products that are not
1102	1102	6 prepackaged, in which case other prominent written notice
1103	1103	7 shall be provided to the purchaser.
1104	1104	8 (10) At the point of sale, notice must be provided in a
1105	1105	9 prominent location that states the following: "This
1106	1106	10 product was produced in a home kitchen not inspected by a
1107	1107	11 health department that may also process common food
1108	1108	12 allergens." At a physical display, notice shall be a
1109	1109	13 placard. Online, notice shall be a message on the cottage
1110	1110	14 food operation's online sales interface at the point of
1111	1111	15 sale.
1112	1112	16 (11) Food and drink produced by a cottage food
1113	1113	17 operation shall be sold directly to consumers for their
1114	1114	18 own consumption and not for resale. Sales directly to
1115	1115	19 consumers include, but are not limited to, sales at or
1116	1116	20 through:
1117	1117	21 (A) farmers' markets;
1118	1118	22 (B) fairs, festivals, public events, or online;
1119	1119	23 (C) pickup from the private home or farm of the
1120	1120	24 cottage food operator, if the pickup is not prohibited
1121	1121	25 by any law of the unit of local government that applies
1122	1122	26 equally to all cottage food operations; in a
1123	1123
1124	1124
1125	1125
1126	1126
1127	1127
1128	1128	SB2187 - 31 - LRB104 09079 HLH 19135 b
1129	1129
1130	1130
1131	1131	SB2187- 32 -LRB104 09079 HLH 19135 b SB2187 - 32 - LRB104 09079 HLH 19135 b
1132	1132	SB2187 - 32 - LRB104 09079 HLH 19135 b
1133	1133	1 municipality with a population of 1,000,000 or more, a
1134	1134	2 cottage food operator shall comply with any law of the
1135	1135	3 municipality that applies equally to all home-based
1136	1136	4 businesses;
1137	1137	5 (D) delivery to the customer;
1138	1138	6 (E) pickup from a third-party private property
1139	1139	7 with the consent of the third-party property holder;
1140	1140	8 and
1141	1141	9 (F) mobile farmers markets.
1142	1142	10 (12) Only food that is not a time/temperature
1143	1143	11 time-or-temperature control for safety food may be
1144	1144	12 shipped. A cottage food product shall not be shipped out
1145	1145	13 of State. Each cottage food product that is shipped must
1146	1146	14 be sealed in a manner that reveals tampering, including,
1147	1147	15 but not limited to, a sticker or pop top.
1148	1148	16 (13) Alcohol may be used to make extracts, such as
1149	1149	17 vanilla extract, or may be used as an ingredient in baked
1150	1150	18 goods as long as the created product is not intended for
1151	1151	19 use as a beverage.
1152	1152	20 (14) Time/temperature control for safety foods shall
1153	1153	21 be maintained and transported at holding temperatures as
1154	1154	22 set in the Department's administrative rules to ensure the
1155	1155	23 food's safety and limit microorganism growth or toxin
1156	1156	24 formation.
1157	1157	25 (15) A product assessment of pH and water activity may
1158	1158	26 be used to show that a product is non-time or temperature
1159	1159
1160	1160
1161	1161
1162	1162
1163	1163
1164	1164	SB2187 - 32 - LRB104 09079 HLH 19135 b
1165	1165
1166	1166
1167	1167	SB2187- 33 -LRB104 09079 HLH 19135 b SB2187 - 33 - LRB104 09079 HLH 19135 b
1168	1168	SB2187 - 33 - LRB104 09079 HLH 19135 b
1169	1169	1 controlled for food safety and does not require
1170	1170	2 temperature control.
1171	1171	3 (c) A local health department shall register any eligible
1172	1172	4 cottage food operation that meets the requirements of this
1173	1173	5 Section and shall issue a certificate of registration with an
1174	1174	6 identifying registration number to each registered cottage
1175	1175	7 food operation. A local health department may establish a
1176	1176	8 self-certification program for cottage food operators to
1177	1177	9 affirm compliance with applicable laws, rules, and
1178	1178	10 regulations. Registration shall be completed annually and the
1179	1179	11 local health department may impose a fee not to exceed $50.
1180	1180	12 (d) In the event of a consumer complaint or foodborne
1181	1181	13 illness outbreak, upon notice from a different local health
1182	1182	14 department, or if the Department or a local health department
1183	1183	15 has reason to believe that an imminent health hazard exists or
1184	1184	16 that a cottage food operation's product has been found to be
1185	1185	17 misbranded, adulterated, or not in compliance with the
1186	1186	18 conditions for cottage food operations set forth in this
1187	1187	19 Section, the Department or the local health department may:
1188	1188	20 (1) inspect the premises of the cottage food operation
1189	1189	21 in question;
1190	1190	22 (2) set a reasonable fee for the inspection; and
1191	1191	23 (3) invoke penalties and the cessation of the sale of
1192	1192	24 cottage food products until it deems that the situation
1193	1193	25 has been addressed to the satisfaction of the Department
1194	1194	26 or local health department; if the situation is not
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199
1200	1200	SB2187 - 33 - LRB104 09079 HLH 19135 b
1201	1201
1202	1202
1203	1203	SB2187- 34 -LRB104 09079 HLH 19135 b SB2187 - 34 - LRB104 09079 HLH 19135 b
1204	1204	SB2187 - 34 - LRB104 09079 HLH 19135 b
1205	1205	1 amenable to being addressed, the local health department
1206	1206	2 may revoke the cottage food operation's registration
1207	1207	3 following a process outlined by the local health
1208	1208	4 department.
1209	1209	5 (e) A local health department that receives a consumer
1210	1210	6 complaint or a report of foodborne illness related to a
1211	1211	7 cottage food operator in another jurisdiction shall refer the
1212	1212	8 complaint or report to the local health department where the
1213	1213	9 cottage food operator is registered.
1214	1214	10 (f) By January 1, 2022, the Department, in collaboration
1215	1215	11 with local public health department associations and other
1216	1216	12 stakeholder groups, shall write and issue administrative
1217	1217	13 guidance to local health departments on the following:
1218	1218	14 (1) development of a standard registration form,
1219	1219	15 including, if applicable, a written food safety plan;
1220	1220	16 (2) development of a Home-Certification Self Checklist
1221	1221	17 Form;
1222	1222	18 (3) development of a standard inspection form and
1223	1223	19 inspection procedures; and
1224	1224	20 (4) procedures for cottage food operation workspaces
1225	1225	21 that include, but are not limited to, cleaning products,
1226	1226	22 general sanitation, and requirements for functional
1227	1227	23 equipment.
1228	1228	24 (g) A person who produces or packages a baked good that is
1229	1229	25 not a time/temperature control for safety food for sale by a
1230	1230	26 religious, charitable, or nonprofit organization for
1231	1231
1232	1232
1233	1233
1234	1234
1235	1235
1236	1236	SB2187 - 34 - LRB104 09079 HLH 19135 b
1237	1237
1238	1238
1239	1239	SB2187- 35 -LRB104 09079 HLH 19135 b SB2187 - 35 - LRB104 09079 HLH 19135 b
1240	1240	SB2187 - 35 - LRB104 09079 HLH 19135 b
1241	1241	1 fundraising purposes is exempt from the requirements of this
1242	1242	2 Section.
1243	1243	3 (h) A home rule unit may not regulate cottage food
1244	1244	4 operations in a manner inconsistent with the regulation by the
1245	1245	5 State of cottage food operations under this Section. This
1246	1246	6 Section is a limitation under subsection (i) of Section 6 of
1247	1247	7 Article VII of the Illinois Constitution on the concurrent
1248	1248	8 exercise by home rule units of powers and functions exercised
1249	1249	9 by the State.
1250	1250	10 (i) The Department may adopt rules as may be necessary to
1251	1251	11 implement the provisions of this Section.
1252	1252	12 (Source: P.A. 102-633, eff. 1-1-22; 103-903, eff. 1-1-25;
1253	1253	13 revised 11-25-24.)
1254	1254	14 Section 99. Effective date. This Act takes effect upon
1255	1255	15 becoming law.
1256	1256	SB2187- 36 -LRB104 09079 HLH 19135 b 1 INDEX 2 Statutes amended in order of appearance SB2187- 36 -LRB104 09079 HLH 19135 b SB2187 - 36 - LRB104 09079 HLH 19135 b 1 INDEX 2 Statutes amended in order of appearance
1257	1257	SB2187- 36 -LRB104 09079 HLH 19135 b SB2187 - 36 - LRB104 09079 HLH 19135 b
1258	1258	SB2187 - 36 - LRB104 09079 HLH 19135 b
1259	1259	1 INDEX
1260	1260	2 Statutes amended in order of appearance
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265
1266	1266	SB2187 - 35 - LRB104 09079 HLH 19135 b
1267	1267
1268	1268
1269	1269
1270	1270	SB2187- 36 -LRB104 09079 HLH 19135 b SB2187 - 36 - LRB104 09079 HLH 19135 b
1271	1271	SB2187 - 36 - LRB104 09079 HLH 19135 b
1272	1272	1 INDEX
1273	1273	2 Statutes amended in order of appearance
1274	1274
1275	1275
1276	1276
1277	1277
1278	1278
1279	1279	SB2187 - 36 - LRB104 09079 HLH 19135 b