Illinois § 3.6

§ 3.6.

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, as allowed by subsection (a-5), in a kitchen of that person's primary domestic residence for direct sale by the owner or a family member. 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. The following conditions must be met in order to qualify as a home kitchen operation: (1) Monthly gross sales do not exceed $1,000. (2) The food is a non-potentially hazardous baked good, as described in Section 4 of this Act. (3) A notice is provided to the purchaser that the product was produced in a home kitchen. (4) The food package is affixed with a label or other written notice is provided to the purchaser that includes: (i) the common or usual name of the food product; and (ii) allergen labeling as specified in federal labeling requirements by the United States Food and Drug Administration. (5) The food is sold directly to the consumer. (6) The food is stored in the residence where it is produced or packaged. (a-5) Baked goods, such as, but not limited to, breads, cookies, cakes, pies, and pastries are allowed. 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. (b) The Department of Public Health or the health department of a unit of local government may inspect a home kitchen operation in the event of a complaint or disease outbreak. (c) The requirements of this Section apply only to a home kitchen operation located in a municipality, township, or county where the local governing body having the jurisdiction to enforce this Act or the rules adopted under this Act has adopted an ordinance authorizing home kitchen operations. (Source: P.A. 99-78, eff. 7-20-15; 99-191, eff. 1-1-16; 100-35, eff. 1-1-18.)