Sharon Verzal, MPH, LEHP, REHS/RS

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Review of Policies and Regulations Relating to
Local Food Production August 18, 2014

• Presented by
• Sharon Verzal, MPH, LEHP, REHS/RS
• Environmental Health Supervisor
• Jackie Forbes, MS
• Health Planner

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Growing for Kane HIA Recommendations
Recommendation Status
The Kane County Health Department should lead a multi-department review of policies and regulations relating to local food production by June, 2014 In progress
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What can I sell without a permit?

• Fresh fruits and vegetables(only minimally rinsed
  to remove visible soil, but otherwise
  unprocessed).
• Grains, seeds, beans, nuts(whole, unprocessed and
  unsprouted) .
• Popcorn(kernels can be removed from cob but
  popped corn is not exempt from
• restrictions).

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What can I sell without a permit?

• Fresh herb sprigs dried herbs in bunches(only
  cut for harvesting, minimally rinsed to remove
  visible soil)
• The above items are allowed to be in unsealed
  bags or containers, or bagged at the time of sale
  by the vendor.
• Additionally, honey in the comb or that is
  removed from the comb and in an unadulterated
  condition is exempt from restrictions if the
  producer packs or sells less than 500 gallons per
  year.

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Prohibited Items

• Wild-type mushrooms harvested from the wild
• Home-canned foods except jam, jellies and
  preserves that are allowed under cottage food
  operations
• Raw milk or any dairy products made with raw milk

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Prohibited Items

• Ice cream made in an uninspected facility
• Home-butchered meat, poultry or wild game
• Home vacuum-packaged products and
• Sandwiches prepared at home.

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Bottled Goods

• Herb Vinegars
• Maple and Flavored Syrups
• Juice and Cider
• Garlic in Oil Mixture
• All must be made in a licensed and inspected
  facility

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Dairy

• Milk and cheese products shall be processed in a
  Department/state-licensed facility.
• Only products that have been pasteurized,
  processed and packaged in a licensed dairy plant
  may be sold at farmers markets.
• Ice cream may be sold if it comes from a licensed
  and permitted facility.

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Eggs

• Illinois Department of Agriculture license is
  required for those who transport and sell eggs.
• Must be candled and graded.
• All packaging must be labeled according to the
  Illinois Egg and Egg Products Act.
• Cartons may not be reused.

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Meat, Poultry and Fish

• Meat, meat products, poultry and poultry products
  must be derived from livestock or poultry, which
  were slaughtered under IDOA or USDA inspection.
• Includes exotic meats such as American bison
  (bu?alo), catalo, cattalo, domestic deer,
  domestic elk, domestic antelope, domestic
  reindeer, water bu?alo, domesticated rabbits and
  domesticated birds.
• Home butchered meats are not
  allowed.

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Fish

• A commercial fishing license is required for
  anyone selling or distributing fish.

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Cottage Food

• A cottage food operation means a person who
  produces or packages a non-potentially hazardous
  food (i.e., baked goods, jellies, jams,
  preserves, fruit butter, dry herbs, dry herb
  blends, or dry tea blends intended for end-use
  only) in the kitchen of that persons primary
  domestic residence, for direct sale by the owner
  or an immediate family member to the consumer,
  and stored in the
  residence where the food is made.

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Cottage Food

• The cottage food operation shall register with
  the local health department where the operation
  resides
• A cottage food placard must be prominently
  displayed at point of sale that states
• This product was produced in a home kitchen
  not subject to public
  health inspection that may
  also process common food
  allergens.

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Cottage Food

• These specific items are allowed for sale
• Fruit butters
• Pies
• Jams, Jellies, Preserves
• If the food item is not on the list it is not
  allowed to be sold without documentation that
  laboratory testing indicates it is
  non-potentially hazardous and
  has a pH below 4.6.

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Cottage Food

• Must register in the county where the operator
  resides.
• Cannot sell product wholesale.
• Cannot sell product over the internet.
• Cannot sell take and bake items.
• Samples must be pre-packages otherwise a permit
  is required.

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Other Products

• Lotions/creams/cosmetics Contact the Food and
  Drug Administration (FDA) Chicago District O?ce
  at 312-353-5863 for specific regulations.
• Pet food is regulated by the IDOA. The Bureau of
  Agricultural Products Inspection is responsible
  for overseeing compliance with the Illinois
  Commercial Feed Act, including the licensing of
  manufacturers or distributors of pet
  foods and registration of their
  products before
  distribution in the
  state.

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Kane County Requirements

• Cutting of fruits and vegetables for sampling
  requires a permit.
• Sampling of food or drink requires a permit.
• Extensive preparation of food such as grilling
  and preparation of hotdogs, hamburgers, chicken,
  etc. requires a permit.
• Mechanical refrigeration is
  required.

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Common Scenarios
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Farm Stands

• Can they offer samples?

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School Gardens

• Can produce from a school garden be served in the
  school cafeteria?
• In the classroom?

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Northern Illinois Food Bank

• A farm donates produce to the Northern Illinois
  Food Bank. Can they prepare it in their
  demonstration kitchen and give out samples? Part
  of a cooking classes for clients?

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Questions?

• Helpful websites
• http//kanehealth.com/food_safety.htm
• http//www.idph.state.il.us/about/fdd/ILFarmersMrk
  tFoodSafety.pdf