Every food service establishment shall comply with the Lake County Health Ordinance regulating food and food establishments. In addition, every food service establishment shall comply with all other Federal, State of Illinois, and local codes, ordinances, and regulations, provided that certain home kitchen operations are hereby authorized by the Village as follows:
A. A “home kitchen operation” means a person who produces or packages non-potentially hazardous baked goods in the kitchen of that person’s primary domestic residence for direct sale by the owner or a family member.
B. A person who produces non-potentially hazardous baked goods for sale by a religious, charitable, or nonprofit organization for fundraising purposes is exempt from these requirements.
C. A home kitchen operation must comply with the following:
1. Monthly sales cannot be more than $1000.00.
2. The food cannot be a potentially hazardous baked good.
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 the common name of the food item and allergen labeling per FDA labeling requirements.
5. The food is sold directly to the consumer.
6. The food is stored in the residence where made.
7. 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.
and otherwise in full compliance with the provisions of 410 ILCS 625/3.6 and further excepting the sale of homemade food and drink items that are made in a home kitchen in someone’s residence, if those sales meet all of the following conditions:
1. The food is to be sold at a farmers’ market, (with the exception that cottage foods that have a locally grown agricultural product as the main ingredient may be sold on the farm where the agricultural product is grown or delivered directly to the consumer).
2. The food packaging conforms to the labeling requirements of the Illinois Food, Drug and Cosmetic Act and the FDA and includes the following information on the label of each of its products:
a. The name and address of the cottage food operation.
b. The common name of the food item and all ingredients of the food item.
c. The phrase “This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens.”.
d. The date made.
3. The name and residence of the person preparing and selling products as a cottage food operation are registered with the Village health department.
4. The person preparing or packaging products as a cottage food operation has a Department approved Food Service Sanitation Management Certificate.
5. At the point of sale, a placard is displayed in a prominent location that states the following: “This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens.”
6. None of the following food products or items can be sold as homemade (“cottage food”) food and drink (unless first properly licensed, certified, and compliant with all requirements to sell a listed food item under the Illinois laws and regulations pertinent to that food item):
a. Meat, poultry, fish, seafood, or shellfish; dairy, (except as an ingredient in a non-potentially hazardous baked good or candy, such as caramel).
b. Eggs, except as an ingredient in a non-potentially hazardous baked good or in dry noodles.
c. Pumpkin pies, sweet potato pies, cheesecakes.
d. Custard pies, creme pies, and pastries with potentially hazardous fillings or toppings.
e. Garlic in oil or oil infused with garlic, except if the garlic oil is acidified.
f. Canned foods, except for the following, which may be canned only in Mason-style jars with new lids:
(1) Fruit jams, fruit jellies, fruit preserves, or fruit butters;
(2) Syrups; whole or cut fruit canned in syrup;
(3) Acidified fruit or vegetables prepared;
(4) Condiments like prepared mustard, horseradish or ketchup.
g. Sprouts.
h. Cut leafy greens, except for cut leafy greens that are dehydrated, acidified, or blanched and frozen.
i. Cut or pureed fresh tomato or melon.
j. Dehydrated tomato or melon.
k. Frozen cut melon.
l. Certain tomato products, melons.
m. Wild-harvested, non-cultivated mushrooms.
n. Alcohol beverages.
o. Kombucha.
Provided such sales must otherwise meet all of the conditions set forth in Section 625/4 of Chapter 410 (410 ILCS 625/4).
(Ord. 93-12-627, 12-6-93; amd. Ord. 2020-03-362, 3-2-2020)