Highlights of Requirement for Cottage Food Retailers
Cottage food retailers are now allowed to prepare and store non-potentially hazardous foods in their home kitchen per federal and state regulations listed below in the following points:
- Non-potentially hazardous food shall meet the requirements of the Senate Bill 840, Section 5, the Food Handling Regulation Enforcement Act including the recently amended 410 ILCS 625/4, the 2009 FDA Food Code; Table A and B, and the 2016 Illinois Food Service Sanitation Code’s definition of non-potentially hazardous food in order to prepare and retail the food product from your home kitchen.
- Foods are only to be sold at Farmer’s Markets.
- Gross receipts from the sale of foods exempted under this section shall not exceed $25,000 in a calendar year.
- The food packaging shall conform to the labeling requirements of the Illinois Food, Drug and Cosmetic Act and includes the following information on the label of each product:
- The name and address of the cottage food operation;
- The common or unusual name of the food product;
- All ingredients of the food product, including any colors, artificial flavors, and preservatives, listed in descending order by predominance of weight shown with common or unusual names;
- The following phrase; “This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens.”
- The date the product was processed; and
- Allergen labeling as specified in federal labeling requirements.
- The name and the residence of the person preparing and selling products as a cottage food operation shall be registered with the County Health Department where the cottage food operation resides. No fees shall be charged for registration.
- The person preparing and selling products as a cottage food operation has a valid Department of Public Health approved Food Service Sanitation Management Certificate.
- At the point of sale a placard shall be displayed in a prominent location that states the following: “This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens.”
- Inspection will be performed by the health department if a consumer complaint has been received or has reason to believe that an imminent health hazard exists or that a cottage food operations product has been found to be misbranded, adulterated, or not in compliance with the exception for cottage food operations pursuant to the Food Handling Regulation Enforcement Act, then it may invoke cessation of sales until it deems that the situation has been addressed to the satisfaction of the Department.
A State-certified local public health department may regulate the service of food by Cottage Foods Operations including part of or all of the following requirements pending approval by the Department of Public Health:
- Including a registration fee
- Agree in writing at the time of registration to grant access to the State-certified local public health department to conduct an inspection of the cottage food operation’s primary domestic residence in the event of a consumer complaint or foodborne illness outbreak.
- That in the event of a consumer complaint or foodborne illness outbreak the State-certified local public health department is allowed to:
A. Inspect the premise of the cottage food operation in question and
B. Set a reasonable fee for that inspection.
The person preparing and selling products as a cottage food operation shall have a valid Illinois Food Sanitation Certificate from the Illinois Department of Public Health.