[HISTORY: Adopted by the City Council of the City of El Paso 7-6-2020 by Ord. No. 1034.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 229 but was renumbered in order to maintain the alphabetical organization of the Code.
As used in this chapter, the following terms shall have the meanings indicated:
BAKED GOODS
Shall include, but are not limited to, breads, cookies, cakes, pies, pastries and high-acid fruit pies that use apples, apricot, grape, peach, plum, quince, orange, nectarine, tangerine, blackberry, raspberry, blueberry, boysenberry, cherry, cranberry, strawberry, currant or a combination of these fruits. Baked goods do not include potentially hazardous food or potentially hazardous baked goods.
HOME KITCHEN OPERATION
A person who produces or packages non-potentially hazardous baked goods, as allowed by this chapter, 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 fund-raising purposes, as the production or packaging of non-potentially hazardous baked goods for these purposes is exempt from the requirements of this chapter.
POTENTIALLY HAZARDOUS FOOD or POTENTIALLY HAZARDOUS BAKED GOODS
A food or baked good that is potentially hazardous according to the Illinois Department of Public Health's administrative rules. Pursuant to 410 ILCS 625/4, "potentially hazardous food" or "potentially hazardous baked good" in general also means a food that requires time and temperature control for safety to limit pathogenic microorganism growth or toxin formation. "Potentially hazardous food" or "potentially hazardous baked goods" also means pumpkin pies, sweet potato pies, cheesecakes, custard pies, creme pies, and pastries with potentially hazardous fillings or toppings.
Home kitchen operations are authorized and permitted within the City of El Paso, provided that said operations meet this chapter's definition of a home kitchen operation, and provided further that said operations meet all of the following additional conditions:
A. 
Monthly gross sales do not exceed $1,000.
B. 
The food is a non-potentially hazardous baked good, as described in this chapter.
C. 
A notice is provided to the purchaser that the product was produced in a home kitchen.
D. 
The food package is affixed with a label or other written notice is provided to the purchaser that includes:
(1) 
The common or usual name of the food product; and
(2) 
Allergen labeling as specified in federal labeling requirements by the United States Food and Drug Administration.
E. 
The food is sold directly to the consumer.
F. 
The food is stored in the residence where it is produced or packaged.
It is a violation of this chapter for a person, firm, or corporation who operates a home kitchen operation or what purports to be a home kitchen operation to produce or package, for sale or distribution, any potentially hazardous food or potentially hazardous baked goods. It is likewise a violation of this chapter for a person, firm, or corporation who operates a home kitchen operation or what purports to be a home kitchen operation to produce, package, or sell any food or baked goods in contravention to any of the conditions of § 229-2 of this chapter. The City may seek to enjoin any violation of this chapter. In addition to all other remedies at law, any person, firm, or corporation who shall violate any of the provisions of this chapter shall be fined not less than $100 nor more than $750 for each offense, and each day on which a violation occurs or continues shall be considered a separate offense.
The Illinois Department of Public Health or the Woodford County Health Department may inspect a home kitchen operation in the event of a complaint or disease outbreak.