CBA Record April-May 2018

ILLINOIS EXPANDS LAW ONWHICH HOMEMADE FOODS CAN BE SOLD TO CONSUMERS Do Try This at Home

By Amy Cook Vice-Chair, Food Law Committee

Foods Not permitted to be produced by a cottage food producer:

(A) meat, poultry, fish, seafood, or shellfish;

(B) dairy, except as an ingredient in a non-potentially hazardous baked good or candy, such as caramel;

I llinois took a big step forward in help- ing food entrepreneurs and farmers by rewriting the Cottage Food law to allow a wide variety of foods to be produced and sold from home-based businesses. Rebecca Osland, Policy Associate with the Illinois Stewardship Alliance, was instrumental in bringing the Illinois Food Freedom Act to fruition. She recently explained the changes in the law, which went into effect January 1, to the CBA Food Law Committee. Cottage food laws apply to those who prepare or package foods in their own home or a commercial kitchen for direct sale by the owner, family member or employee. Such foods can only be sold at farmers markets in Illinois or from the farm where the agricultural product was grown. Previously, nothing was allowed unless listed, and was limited to items such as jams, jellies, non-potentially hazardous baked goods, and dried herbs and teas. Now, everything is allowed unless listed. The Illinois Stewardship Alliance folks were hearing that sales were declining at farmers markets, especially for produce. Produce that was not sold was used for composting or fed to animals; it was not increasing income for farmers or feeding the community. What if growers could sell value-added products? Osland and her allies convinced leg- islators to broaden the law by pointing out that there is a limited consumer base - -there’s not going to be a multi-state mass food recall, and that the sellers’ reputation and potential liability is also a check on the system. Also, the consumer is informed where

(C) eggs, except as an ingredient in a non-potentially hazardous baked good or in dry noodles;

(D) pumpkin pies, sweet potato pies, cheesecakes, custard pies, crème pies, and pastries with potentially hazardous fillings or toppings;

(E) garlic in oil;

(F) canned foods, except for fruit jams, fruit jellies, fruit preserves, fruit butters, and acidified vegetables;

(G) sprouts;

(H) cut leafy greens, except for leafy greens that are dehydrated or blanched and frozen;

(I) cut fresh tomato or melon;

(J) dehydrated tomato or melon;

(K) frozen cut melon;

(L) wild-harvested, non-cultivated mushrooms; or

(M) alcoholic beverages.

(Note: these foods/beverages may still be produced in commercial kitchens.)

the product comes from, both on the label and with signage. The label must include the name and address of the cottage food operation; the common or usual name of the food product; all ingredients; the date the product was processed; and allergen labeling. Additionally, it must state: “This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens.” Tomato products remain a point of contention. Those of us who have grown tomatoes or who have been the recipient of family and neighbors’ bounty, know that tomato plants are prolific producers. Cut tomatoes may be frozen and sold; however, fresh-cut and dehydrated tomatoes are still on the verboten list. The FDA considers

cut tomatoes to be potentially hazardous because bacteria can accumulate on cut surfaces during refrigeration. And because of the high water content, dehydrating takes too long, potentially leading to mold and toxins developing. Osland and ISA are working to pass legislation in the current leg- islative session regarding canned tomatoes. Osland recommends those who have home-based food businesses have adequate insurance, regularly test the pH balance of their foods (with a home kit or com- mercial lab) where applicable, and have good communication with farmers market managers. She also advises producers to educate themselves “above and beyond” on food safety.

14 APRIL/MAY 2018