410 ILCS 625/4 — Illinois Code / Chapter 410 / Act 625 / Section 4
Section 4
Status: in_force

(410 ILCS 625/4) Sec. 4. Cottage food operation. (a) For the purpose of this Section: A food is "acidified" if: (i) acid or acid ingredients are added to it to produce a final equilibrium pH of 4.6 or below and a water activity greater than 0.85; or (ii) it is fermented to produce a final equilibrium pH of 4.6 or below. "Canned food" means food that has been heat processed sufficiently under United States Department of Agriculture guidelines to enable storing the food at normal home temperatures. "Cottage food operation" means an operation conducted by a person who produces or packages food or drink, other than foods and drinks listed as prohibited in paragraph (1.5) of subsection (b) of this Section, in a kitchen located in that person's primary domestic residence or another appropriately designed and equipped kitchen on a farm for direct sale by the owner, a family member, or an employee. "Cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. "Cut leafy greens" does not mean cut-to-harvest leafy greens. "Department" means the Department of Public Health. "Employee" means a person who is employed by and receives monetary compensation from a cottage food operator. "Equilibrium pH" means the final potential of hydrogen measured in an acidified food after all the components of the food have achieved the same acidity. "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. "Leafy greens" includes iceberg lettuce; romaine lettuce; leaf lettuce; butter lettuce; baby leaf lettuce, such as immature lettuce or leafy greens; escarole; endive; spring mix; spinach; cabbage; kale; arugula; and chard. "Leafy greens" does not include microgreens or herbs such as cilantro or parsley. "Local health department" means a State-certified health department of a unit of local government in which a cottage food operation is located or, if the cottage food operation is located in a county that does not have a local health department, is registered. "Local public health department association" means an association solely representing 2 or more State-certified local health departments. "Low-acid canned food" means any canned food with a finished equilibrium pH greater than 4.6 and a water activity greater than 0.85. "Microgreen" means an edible plant seedling grown in soil or substrate and harvested above the soil or substrate line. "Mobile farmers markets" means a farmers market that is operated from a movable motor drive or propelled vehicle or trailer that can change location, including a farmers market that is owned and operated by a farmer or a third party selling products on behalf of farmers or cottage food operations with the intent of a direct sale to an end consumer. "Sprout" means any seedling intended for human consumption that was produced in a manner that does not meet the definition of microgreen. "Time/temperature control for safety food" means a food that is stored under time or temperature control for food safety according to the Department's administrative rules. (b) A cottage food operation may produce homemade food and drink provided that all of the following conditions are met: (1) (Blank). (1.3) A cottage food operation must register with the local health department for the