Cottage Food Law Winnebago County Health Department Originated by - - PowerPoint PPT Presentation

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 Farmers’ 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!
• NO at home sales and/or pick up!



In addition, the products must meet specific labeling requirements and the vendor must register the cottage food

• peration 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

• ur 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.

• Cold hold foods at 41˚F or below
• Hot hold foods at 135˚F or above
• Certain food becomes potentially hazardous once cut, cooked
• r 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:

• 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.

• Rhubarb, tomato, and pepper jellies or jams are not

allowed.

• 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:

• Apple, apricot, grape, peach, plum, quince, and prune.
• Pumpkin butter, banana butter, and pear butter are not

allowed.

• Fruit butters not listed may be produced by a cottage food
• peration provided their recipe has been tested and

documented by a commercial laboratory, at the expense

• f 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:

• The name and address of the cottage food operation;
• The common or usual 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 usual 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.

How do I operate under this new law?

 Step 1) Obtain an Illinois Department of Public Health (IDPH)

approved food service sanitation management certificate.

• If you are not already certified, IDPH maintains a list of

trainers by region at http://dph.illinois.gov/fssmccourses/.

• 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

• nce 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

• Register with us after you have received your Illinois

Department of Public Health approved food service sanitation management certificate.

• Office consultation by appointment is required.
• Register annually. The fee is $25.
• Attach a copy of IDPH Manager Sanitation Certificate with the

WCHD registration form.

• Registration form can be found on our website.
• 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

• perating 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

• Registration fee of $25
• Attach a copy of IDPH Manager Sanitation Certificate with

the WCHD registration form

• Registration form can be found on our website

 In the event of a consumer complaint or foodborne illness

• utbreak, the State-certified local public health department

is allowed to

• inspect the premises of the cottage food operation in

question and

• 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