By Lisa Rodgers

Reporter

SPRINGFIELD- In February, legislation was introduced by Rep. Michael Tyron to amend the Food Handling Regulation Enforcement Act 410 ILCS 625/.  On July 30, Illinois Legislators approved the revision of the Act that will go into effect Jan. 1, 2016.  The new legislation will directly impact the following:

“Synopsis as introduced amends the Food Handling Regulation Enforcement Act.

“Provides that a home kitchen operation does not include a person who produces or packages non-potentially hazardous baked goods for sale by a religious, charitable, or nonprofit organization for fundraising purposes.

“Adds additional requirements in order to qualify as a home kitchen operation. Makes changes concerning the jurisdiction of the local governing body over home kitchen operations.

“Defines a term. Removes a provision prohibiting certain types of jams and jellies from cottage food operations. Increases the gross receipt threshold of exempt food from $25,000 to $36,000.

“Allows the Department to adopt rules to implement the requirements of the amendatory Act,” according to www.ilga.gov/legislation/billstatus.asp?DocNum=2486&GAID=13&GA=99&DocTypeID=HB&LegID=87873&SessionID=88&SpecSess.

The current statute has caused much confusion and frustration in the State of Illinois and ill feelings and frustration among many in the Boone County community who wish to help those in need.  With the help of a Task Force many additions have been added with very specific legislation.

In fact, the current statute contains approximately 5852 words while in comparison the new law has removed text, introduced an exemption and added specific permissible foods has significantly reduced the statute to approximately 3314 words.

Please refer to www.ilga.gov/legislation/publicacts/fulltext.asp?Name=099-0191, for more information.

For example:

410 ILCS 625/3.6

Sec. 3.6 3.4.  Home kitchen operation.

(a) For the purpose of this Section, “home kitchen operation” means a person who produces or packages non-potentially hazardous baked goods food in a kitchen of that person’s primary domestic residence for direct sale by the owner or a family member.

As used in this Section, “baked good” has the meaning given to that term under sub-paragraph (C) of paragraph (1) of subsection (b) of Section 4 of this Act.

A home kitchen operation does not include a person who produces or packages non-potentially hazardous baked goods for sale by a religious, charitable, or nonprofit organization for fundraising purposes; the production or packaging of non-potentially hazardous baked goods for these purposes is exempt from the requirements of this Act, or for sale by a religious, charitable, or nonprofit organization, stored in the residence where the food is made…”

In the new statute effective Jan. 1, 2016, legislators provide an explanation as to why the statute has been revised.

(410 ILCS 625/3.3)

Sec. 3.3. Farmers’ markets.

• The General Assembly finds as follows:
• Farmers’ markets, as defined in subsection (b) of this Section, provide not only a valuable marketplace for farmers and food artisans to sell their products directly to consumers, but also a place for consumers to access fresh fruits, vegetables, and other agricultural products.
• Farmers’ markets serve as a simulator for local economies and for thousands of new businesses every year, allowing farmers to sell directly to consumers and capture the full retail value of their products.

They have become important community institutions and have figured in the revitalization of downtown districts and rural communities.

• Since 1999, the number of farmers’ markets has tripled and new ones are being established every year. There is a lack of consistent regulation from one county to the next, resulting in confusion and discrepancies between counties regarding how products may be sold.
• In 1999, the Department of Public Health published Technical Information Bulletin/Food #30 in order to outline the food handling and sanitation guidelines required for farmers’ markets, producer markets, and other outdoor food sales events.
• While this bulletin was revised in 2010, there continues to be inconsistencies, confusion, and lack of awareness by consumers, farmers, markets, and local health authorities of required guidelines affecting farmers’ markets from county to county.

The link provided below will direct you to the complete new statute effective Jan. 1, 2016: http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=099-0191.

While conducting research for an additional article on Sept. 3, the following website forrager.com/law/illinois/ provided the new statute and further information.