On January 1st, Illinois' Cottage Food Law, that was passed by the General Assembly last spring and signed by Governor Quinn this past summer, went into effect.

The cottage food bill changes Illinois’ food safety laws to allow homemade non-potentially hazardous baked goods, jams and jellies, fruit butter, dried herbs, and dried tea blends to be sold at farmers markets provided they are properly labeled as homemade products, annual gross receipts from sales are $25,000 or less, the “cottage food operation” is registered and the person preparing and selling the food has a valid Illinois Food Service Sanitation Manager Certificate.

To make things easier for potential conttage food operations we have put together a Cottage Food Guide that describes what the law does and doesn’t allow and what you have to do to qualify to become a cottage food operation. More importantly the Illinois Department of Public Health has created a Technical Information Bulliten for local health departments and potential cottage food operators. The TIB put together by IDPH can be found here.

If you are planning on starting a cottage food operation please read and review TIB #44. In addition, it is highly recommended that you reach out to your local health department early and start a conversation about your cottage food related plans.

If you have any questions, comments, or concerns please feel free to contact me, wes@ilstewards.org or 217-528-1563.

SB 840 the bill that created Illinois Cottage Food Law was sponsored by Senator David Koehler (D-Peoria) and Representative Lisa Dugan (D-Kankakee). Both Senator Koehler and Representative Dugan deserve our thanks for all their hard work because without it, the passage of SB 840 would not have been possible.

Are your local farmers, farmers market, CSA and food coop important to you? Are you a farmer interested in having access to new and emerging direct market opportunities like farmers markets and restaurants? What about having fresh, local food for your child's school meals? Or how about selling your fresh fruits and vegetables to local institutions? We have a rare and important opportunity for you to support the continued growth of local food systems in Illinois.

In the coming days, we will be joining members of Congress and other farm and food groups in introducing the Local Farms, Food, and Jobs Act! This bill is what is called a "marker bill" and is intended to influence the writing of the federal farm bill (Hopefully we get a chance to do that!). More information below. 

The goal of the bill is to advance the development of local and regional farm and food systems in the next farm bill -- from farm to table. Local food systems not only hold potential for connecting consumers with where their food comes from, but also for boosting farm income, stimulating job creation and economic development, and meeting public health and nutrition goals.

The bill will address the needs of consumers in accessing food from their local communities and the needs of farmers and ranchers producing for local and regional markets, including infrastructure and processing capabilities. While there are growing "relocalization" efforts and local food economies across the nation, policy reforms are needed to overcome barriers and more fully capitalize on the new farming opportunities, jobs, and economic growth this sector can deliver.

Ask your two Senators and your Representative to co-sponsor the Local Farms, Food, and Jobs Act! We need support from as many legislators as possible.   

Don't know who your State Representative is or how to contact them?

You can look up your elected officials based on your home address by clicking here.

It's easy to call:

When you call a Senate or House office, ask for the staff member who works on agricultural issues. If the agriculture staffer isn't available, leave a message and have them call you back.

The Message is Simple:

I am a constituent, calling to urge Senator/Congress(wo)man __________ to co-sponsor the Local Farms, Food, and Jobs Act.   This legislation is about to be introduced in the House and Senate. It will help boost farm income and meet consumer demand. It's a job creator and a cost-effective, smart investment. Can I count on Senator/Congress(wo)man_________ to be a co-sponsor?

If your Senator will co-sponsor or wants more information: Tell them to communicate with Senator Sherrod Brown's office. 

If your Representative will co-sponsor or wants more information: Tell them to communicate with Representative Chellie Pingree's office.

The Federal Farm Bill & The Local Farms, Food & Jobs Act 

 The farm bill is a comprehensive omnibus bill that is written every 4-6 years. The farm bill is the single most influential piece of legislation when it comes to structuring the food and farm system in the U.S. The farm bill determines the size and structure of our subsidy programs, support for farmers markets and specialty crops, conservation agriculture policy, the size and structure of SNAP (formerly food stamps), support for rural development, support for organic agriculture and much more.

During the writing of the farm bill, coalitions and organizations often introduce what are called "marker bills," these are introduced as conversation pieces with goal of having the content of the "marker bill" be included in the farm bill. The more co-sponsors a "marker bill" has the more likely it will be included in the farm bill.

However, last week the Agriculture Committee leadership proposed to rewrite the food and farm bill in 2 weeks - yes you heard that right, 2 weeks - this is usually a year plus process and they want to do it in 2 weeks behind closed doors?! This would be the fastest food and farm bill decision-making process in history - 7 days from today - and will be decided without your input. Which is why the timing of the Local Farms, Food & Jobs Act being introduced now is critical.

The Local Farms, Food & Jobs Act is a comprehensive local and regional food systems "marker bill" that is being introduced by Representative Chellie Pingree and Senator Sherrod Brown.

The Local Farms, Food, and Jobs Act will improve federal farm bill programs that support local and regional farm and food systems. This legislation will help farmers and ranchers engaged in local and regional agriculture by addressing production, aggregation, processing, marketing, and distribution needs and will also assist consumers by improving access to healthy food and direct and retail markets. And of utmost importance, this legislation will provide more secure funding for critically important programs that support family farms, expand new farming opportunities, and invest in the local agriculture economy.

The Local Farms, Food & Jobs Act will:

Boost Income and Opportunities for Farmers and Ranchers

Improve Local and Regional Food System Infrastructure and Markets

Expand Access to Healthy Foods for Consumers

Enhance Agriculture Research and Extension   

A factsheet outlining some of the provisions in the Local Farms, Food, & Jobs Act can be found here.   

What do homemade jams and jellies, baked goods, and dried herbs have in common? They will all be eligible to be made in home kitchens and sold at farmers markets.  Illinois joined the growing list of states across the country that are supporting the growing local food movement by crafting risk and scale appropriate laws regulating local food businesses.

On August 16, in honor of Agriculture Day at the Illinois State Fair, Governor Quinn signed into law Senate Bill 840 the Illinois Local Food Entrepreneur and Cottage Food Operation Act, also known as the Cottage Food Bill. The Cottage Food Bill is a step in an ongoing effort to create policies that support the burgeoning local food movement.  The cottage food bill will create new opportunities for farmers to engage in value-added processing while making it easier for aspiring entrepreneurs to start new local food businesses selling at one of Illinois 300-plus farmers markets.

The cottage food bill changes Illinois’ food safety laws to allow homemade non-potentially hazardous baked goods, jams and jellies, fruit butter, dried herbs, and dried tea blends to be sold at farmers markets provided they are properly labeled as homemade products, annual gross receipts from sales are $25,000 or less, the “cottage food operation” is registered and the person preparing and selling the food has a valid Illinois Food Service Sanitation Manager Certificate.

SB 840 was sponsored by Senator David Koehler (D-Peoria) and Representative Lisa Dugan (D-Kankakee). Both Senator Koehler and Representative Dugan deserve our thanks for all their hard work because without it, the passage of SB 840 would not have been possible.

While, the general assembly has passed it and Governor Quinn has signed it, the cottage food bill does not  go into effect until January 1, 2012 so don’t start baking just yet!  The registration process isn’t in place yet.  In order to make it easier for potential cottage food operations to hit the ground running during the 2012 farmers market season, we have put together a handy guide that describes what the law does and doesn’t allow and what you have to do to qualify to become a cottage food operation.

On Agriculture Day, Governor Quinn also signed into law SB 1852. Senate Bill 1852, sponsored by Sen. David Luechtefeld (R-Okawville) and Rep. Mike Bost (R-Murphysboro), creates a task force to review the rules and laws defining what products can be sold at farmers’ markets, as well as sanitation and food preparation requirements. The 24-member task force will then assist the Illinois Department of Public Health (IDPH) in developing and implementing administrative rules ensuring consistent statewide farmers’ market regulations. SB 1852 is effective immediately.

The Cottage Food Bill, Senate Bill 840 (Formerly SB 137), is receiving increasing attention.  The bill allows home bakers to sell non-potentially hazardous products at farmers markets which will grow jobs, farmers markets and increase availability of locally produced foods. There are many examples of nearby states passing similar legislation.  Read more about SB 840 by clicking here.

Ohio: Ohio's Cottage food laws date back to 2001, they originally only included non-potentially hazardous baked goods, jams, jellies, and fruit butters. In 2009 they expanded that list to include a whole bunch of other products (candy, granola, granola bars, popcorn, flavored popcorn, kettle corn, popcorn balls, caramel corn, unfilled baked donuts, waffle cones, pizzzelles, dry cereal, nut snack mixes with seasoning, roasted coffee (while beans or ground), dry baking mixes in a jar, dry herbs and herb blends, and dry tea blends). According to the Ohio Department of Agriculture Division of Food Safety, they have not seen an increase in foodbornes illness as a result of their cottage food laws. Ohio's laws do not contain any sort of registration or licensing provisions and unlike the other states, including the proposal for Illinois, they allow cottage food items to be sold beyond farmers markets at groceries and restaurants. Ohio's law does not contain a gross receipts threshold and does not require any licensing, registration or inspections.  FOr more information click here. 

Minnesota: Minnesota's cottage food or pickle law date back to 2004, which allow the production and canning of pickles, vegetables or fruits having an equilibrium pH value of 4.6 or lower (a component of the definition of not potentially hazardous) along with some baked goods and maple syrup. Minnesota has a gross receipts threshold of $5,000. According to the Minnesota Department of Health Foodborne Disease division, they have not had any problems with cottage food operations. For more information click here and click here.

 
Iowa: Iowa's cottage food laws date back to at least 2005. Iowa's cottage food laws just allow non-potentially hazardous baked goods . According to the Iowa food & Consumer Safety Bureau Department of Inspections & Appeals they have not had an increase in foodborne illnesses attributable to their cottage food laws and in the 6 years there has been only one incident regarding home bakers. For more information click here.

Kentucky: Kentucky's Home-based Processor laws date back to 2003 and allow farmers in their home kitchens to process whole fruits, vegetables, mixed-greens, jams, jellies, preserves, bread, fruit pies, cakes and cookies. Kentucky's Home-based processor law limits sales to farmers markets and similar direct to consumer venues, but does not include a sales threshold. According to the Kentucky: Cabinet for Health and Family Services - Food Safety Program they have not had an increase in food borne illnesses related to cottage operations/homebased processors. More detailed information http://chfs.ky.gov/dph/info/phps/food.htm (scroll down) http://www.lrc.ky.gov/KRS/217-00/015.pdf [see definitions (51)-(56)] and http://www.lrc.ky.gov/krs/217-00/136.pdf   

Indiana: Indiana's cottage food laws or home-based vendor laws were just passed and finalized in the summer of 2009. They allow for the home production of baked goods, jams, jellies, and other not potentially hazardous foods for sale at farmers markets. The Indiana Department of Health, Food Protection Program said that the program is just too new and they don't have enough data yet to make a claim one way or the other. For more information click here.
 
Michigan: Michigan's cottage food laws were just passed and signed into law last summer (2010). There is no data from which to make a claim one way or the other regarding the impact on foodborne illness incidents.

Heartland Local Food Network released a guide outlining the process for establishing a program to accept LINK cards at farmers' markets.  This manual was developed based on the experience of the Heartland Local Food Network's work supporting implementation of a LINK program at the Downtown Bloomington Farmers’ Market in Bloomington, Illinois. By sharing this information, they hope to make it easier for other markets to achieve the same goal – and to expand access to fresh, healthy food for low-income residents throughout the state of Illinois.