Cottage Food Law Winnebago County Health Department Originated by Karen Hobbs
What is the Cottage Food Operation law? The Cottage Food Operation law (P.A.097-0393) became effective in Illinois on January 1, 2012. Certain foods made in home kitchens can be sold at Illinois F armers’ Markets with limited regulation. The purpose of the law is to promote and support Illinois agriculture and cottage food industries. The law does not allow these homemade products to be sold in retail stores or any location other than an Illinois farmers’ market. Internet sales are prohibited! o NO at home sales and/or pick up! o In addition, the products must meet specific labeling requirements and the vendor must register the cottage food operation with the local health department where the business is located. For more information on this new law, you can view the IDPH Technical Information Bulletin #44 which can be found on our website.
Definitions Cottage food vendor: means a person who produces or packages non-potentially hazardous food in a kitchen of that person's primary domestic residence for direct sale by the owner or a family member. Ingredients and the finished product will be stored in the residence. Farmers' Market : means a common facility or area where farmers gather to sell a variety of fresh fruits and vegetables and other locally produced farm and food products directly to consumers. Point of Sale: means the physical location where food products are sold to customers. Potentially hazardous foods : Foods that are capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. o Cold hold foods at 41 ˚F or below o Hot hold foods at 135˚F or above o Certain food becomes potentially hazardous once cut, cooked or packaging is opened.
Products that can be made in a home kitchen and sold at a Farmers’ Market include: The food is not a potentially hazardous and is intended for direct sales Certain fruit-based jams, jellies and preserves Certain fruit butters Baked goods (i.e. breads, cookies, cakes, pies, and pastries) Dried foods (i.e. herbs and teas)
Fruit-based jams, jellies and preserves The following provisions shall apply : o The following jams, jellies and preserves are allowed: apple, apricot, grape, peach, plum, quince, orange, nectarine, tangerine, blackberry, raspberry, blueberry, boysenberry, cherry, cranberry, strawberry, red currants, or a combination of these fruits. o Rhubarb, tomato, and pepper jellies or jams are not allowed . o Any other jams, jellies, or preserves not listed may be produced by a cottage food operation provided their recipe has been tested and documented by a commercial laboratory, at the expense of the cottage food operation, as being not potentially hazardous, containing a pH equilibrium of less than 4.6.
Fruit butters The following fruit butters are allowed: o Apple, apricot, grape, peach, plum, quince, and prune. o Pumpkin butter, banana butter, and pear butter are not allowed. o Fruit butters not listed may be produced by a cottage food operation provided their recipe has been tested and documented by a commercial laboratory, at the expense of the cottage food operation, as being not potentially hazardous, containing a pH equilibrium of less than 4.6.
Baked goods (i.e. breads, cookies, cakes, pies, and pastries) Only high-acid fruit pies that use the following fruits are allowed: apple, apricot, grape, peach, plum, quince, orange, nectarine, tangerine, blackberry, raspberry, blueberry, boysenberry, cherry, cranberry, strawberry, red currants or a combination of these fruits. Fruit pies not listed may be produced by a cottage food operation provided their recipe has been tested and documented by a commercial laboratory, at the expense of the cottage food operation, as being not potentially hazardous, containing a pH equilibrium of less than 4.6. The following are potentially hazardous and prohibited from production and sale by a cottage food operation: pumpkin pie, sweet potato pie, cheesecake, custard pies, crème pies, and pastries with potentially hazardous fillings or toppings.
Labeling The food packaging conforms to the labeling requirements of the Illinois Food, Drug and Cosmetic Act and includes the following information on the label of each of its products: o The name and address of the cottage food operation; o The common or usual name of the food product; o 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 usual names; o The following phrase: "This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens."; o The date the product was processed; and o Allergen labeling as specified in federal labeling requirements.
How do I operate under this new law? Step 1) Obtain an Illinois Department of Public Health (IDPH) approved food service sanitation management certificate. o If you are not already certified, IDPH maintains a list of trainers by region at http://dph.illinois.gov/fssmccourses/. o Please be aware the classroom-based certification training requires a total of 8 hours followed by an exam. There are fees associated with the certification training. It may take up to 8 weeks to obtain your certificate from the State once you pass the certification exam and pay an additional $35 fee to IDPH.
How do I operate under this new law? Step 2) Register with the Winnebago County Health Department o Register with us after you have received your Illinois Department of Public Health approved food service sanitation management certificate. o Office consultation by appointment is required. o Register annually. The fee is $25. o Attach a copy of IDPH Manager Sanitation Certificate with the WCHD registration form. o Registration form can be found on our website. o Certificate of Registration will be provided to you. This should be prominently displayed at the booth point of sale to avoid a service for inspection fee of $75.
COTTAGE FOOD WINNEBAGO COUNTY HEALTH DEPARTMENT REGISTRATION FORM
How do I operate under this new law? Step 3) Follow all other requirements in the law. You are responsible for all other provisions in the law including but not limited to: Product packaging; Product labeling; Displaying the WCHD Certificate of Registration and avoiding the service fee for inspection; Not exceeding gross receipts of $25,000 in a calendar year from the sale of food exempted under this law; and Selling allowed foods only at Farmers ’ Markets in Illinois.
Are there any fees associated with operating under this new law? There are fees associated with the food service sanitation management certification training, certificate, and related refresher courses. Register with Winnebago County Health Department annually o Registration fee of $25 o Attach a copy of IDPH Manager Sanitation Certificate with the WCHD registration form o Registration form can be found on our website In the event of a consumer complaint or foodborne illness outbreak, the State-certified local public health department is allowed to o inspect the premises of the cottage food operation in question and o set a reasonable fee for that inspection .
QUESTIONS Karen Hobbs, B.S. Environmental Health Sanitarian Winnebago County Health Department 401 Division St P .O. Box 4009 Rockford, IL 61110-0509 815-720-4115 815-720-4203 Khobbs@wchd.org
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