McHenry County Board of Health upholds suspension of Sweet Rosie's Delights permit after hearing

The McHenry County Board of Health voted Sept. 15 to uphold a hearing committee recommendation denying relief for petitioner Karina Meehan of Sweet Rosie's Delights and to maintain the establishment's permit suspension for failure to complete necessary inspections.

"We recommend denying her relief for the notice of violation," Cindy Gaffney, a board member who chaired the hearing discussion, said during the meeting.

The hearing committee reviewed documentation showing that the business applied for a health permit roughly a year earlier but had not completed the ordinance-required inspections. Staff testimony and records presented to the committee included multiple documented attempts — emails and phone calls — to schedule and complete the three required inspections; committee members said there was insufficient reason to waive the inspections.

Committee members and staff told the board they reached out multiple times and even offered after-hours inspection times; the department found no evidence supporting an allegation of discriminatory treatment by staff. The county also checked state records: the Illinois Department of Public Health had no record that the petitioner had applied for a production permit at the state level for food production.

Board discussion noted that some retailers previously carried the petitioner's product but that department staff found no product currently available at retail in McHenry County. Staff advised that the product at issue (tamales) is not eligible to be prepared under Illinois's cottage food law and therefore must be prepared in a permitted commercial kitchen.

The board recorded the reinstatement fee associated with the suspension as $95. Officials at the meeting noted internally that staff time spent on the case likely exceeded that fee and said they may consider fee adjustments in the future.

A motion to adopt the hearing committee's recommendation was made and seconded; the board carried the motion by voice vote and directed staff to send the petitioner written notice of the decision within 10 days. The board also instructed staff to continue monitoring retail outlets and enforcement as needed.

Speakers and recorded materials in the hearing included committee reports, documented email and phone call logs, and input from county staff who investigated retail distribution and state permit status. No additional sanctions beyond suspension and the reinstatement fee were imposed at the Sept. 15 meeting.