By TIM ALEXANDER
Illinois Correspondent

SPRINGFIELD, Ill. — Legislation proposed by state Sen. David Koehler (D-Peoria) would make Illinois farmers’ markets more accessible to individuals wishing to sell non-hazardous food items, but would require sellers to obtain a Food Service Sanitation Management certificate.

Senate Bill 840 would also grant the Illinois Department of Public Health (IDPH) the authority to shut down a vendor if it is determined to be selling hazardous foods.

“It’s important to give more people an opportunity to sell their homemade foods, but it’s also important to protect the public safety,” announced Koehler on May 3. “I think these new standards strike an appropriate balance between an open market and safety.”

The bill allows individuals to use their home kitchens to prepare non-hazardous food items for sale at farmers’ markets and other community events. Defined by the federal government, non-hazardous food items include baked goods, natural jellies, candy, spice mixes and certain sauces. Homemade meat and dairy products are among the items prohibited from being prepared for public sale in home kitchens by the bill.

Also included are new requirements for the labeling of non-hazardous food items. Labels must list all ingredients and acknowledge that the product was not inspected by any state or local food safety agency.

The Illinois Farmers Market Network (IFMN) supports Koehler’s Illinois Local Food Entrepreneur & Cottage Food Operation Act, according to Patricia Stieren, IFMN coordinator. She said inconsistencies in enforcement of regulations by local health departments – mostly involving baked goods – would be resolved with the bill’s passage.

“One of the top issues raised during the farmers’ market training forums held around the state for the last few years was the inconsistency in regulations enforced by local health departments, particularly in the area of allowing local baked goods at farmers’ markets,” said Stieren.

She explained SB 840 is similar to existing regulations in at least 17 states, including most of Illinois’ neighboring states that have cottage food laws. “These laws allow the production of non-potentially hazardous food items in home kitchens for sale at farmers’ markets, provided certain labeling, registration, gross receipts and conditions to ensure food safety are met,” Stieren said.

“By allowing these entrepreneurs to sell their baked goods at farmers’ markets, it will enhance farmers’ markets by providing customers with a broader shopping experience, and greatly support farmers’ markets.”

The IFMN is also in support of a bill sponsored by state Sen. David Luechtefeld (R-Okawville) that would create a Farmers Market Taskforce (SB 1852), to advise and assist the IDPH in developing consistent statewide administrative regulations for farmers’ markets. The bill recently passed 58-0 in the Illinois Senate and will be heard in House Committee soon, according to Stieren.
“There is currently no statewide food handling regulations for farmers’ markets; instead, the current Technical Information Bulletin #30 has been the guidance provided by the IDPH to over 90-some local health departments in the state,” she said. “Local health departments are left to interpret this guidance and develop their own regulations, which has caused confusion to inspectors, farmers, markets and the public.

“By streamlining and establishing statewide regulations similar to other states, farmers, market managers, health officials and the public will be better informed about food safety rules and requirements and it will result in better informed and managed farmers’ markets.”

Ian Watts, a spokesman for the office of the Illinois Senate president, said all small businesses and individuals in Illinois who sell prepared food at farmers’ markets “are (currently) supposed to have” food service sanitation certificates. “However, it has only been in the past few years that the (IDPH) and local health departments have heavily enforced this law in most parts of the state,” Watts said.

“I think the legislation is good for members of our communities. It will allow local farmers to make a little extra money by selling homemade pies and cookies, as well as fruits and vegetables. It will also allow entrepreneurs who can’t afford to invest in a commercial kitchen to get their foot in the door and could lead to new businesses,” said Koehler. “It’s a good step forward for individual freedoms.”

SB 840 bill has passed the Senate and is now in the hands of the state House.