Presented by: Sharon Verzal, MPH, LEHP, REHS/RS Environmental Health Supervisor Jackie Forbes, MS Health Planner Review of Policies and Regulations Relating to Local Food Production August 18, 2014

Growing for Kane HIA Recommendations RecommendationStatus 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

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).

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.

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;

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.

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

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.

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.

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 ff alo), catalo, cattalo, domestic deer, domestic elk, domestic antelope, domestic reindeer, water bu ff alo, domesticated rabbits and domesticated birds. – Home butchered meats are not allowed.

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

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 person’s 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.

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.”

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.

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.

Other Products Lotions/creams/cosmetics— Contact the Food and Drug Administration (FDA) Chicago District O ffi ce at 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.

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.

Common Scenarios

Farm Stands Can they offer samples?

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

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?

Questions? Helpful websites – – ktFoodSafety.pdf ktFoodSafety.pdf