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.