Legislation to Sell Homemade Goods at Farmers Markets Advances

A measure in the Illinois General Assembly could loosen local health department regulations that prevent people who want to make their own food and sell it at farmers markets.

The legislation, which passed the state Senate, would allow people to sell home-baked "non potentially hazardous food," like cookies, breads, and cakes. These are goods with a lower risk and track record of a foodborne illness.

The measure also includes selling certain types of jam, jelly and fruit butter.

In Illinois, baked goods sold as part of a business have to be prepared in a kitchen that passes a state health inspection. However, there are exceptions when home-prepared goods are sold at a yard sale or during a fundraiser.

In most cases, people who want to sell their own homemade baked goods have to rent or purchase a commercially certified kitchen. Wes King, the policy coordinator with the Illinois Stewardship Alliance, said buying a kitchen that is up to code can cost thousands of dolars, an expense he said many people cannot manage. King said the legislation would provide a stepping-stone for small businesses to startup.

"Instead of having to invest all that money in a commercial kitchen, you can do it out of your home kitchen and sell it at farmers markets," King explained. "Ideally, if you have a really successful product, you'll then move into the level of maybe using a shared kitchen or purchasing your own commercial kitchen."

The measure could have a big impact in Urbana. Back in 2009, the Champaign Urbana Public Health District began enforcing the state's ban on homemade goods at farmers markets, like Urbana's Market at the Square. Lisa Bralts-Kelly, the director of Market at the Square, said the legislation could change that policy.

"Overall, I think it'll be a great thing for farmers markets," Bralts-Kelly said. "It'll bring us back to people being able to find special things that they can't find anywhere else. Also in an economy like this, it kind of boosts entrepreneurialism and gives people a chance to earn some additional money."

State Senator Shane Cultra (R-Onarga), a co-sponsor of the legislation, said he hopes the bill changes the way local health departments in the state regulate food sales.

"There's too heavy a hand of local health departments," Cultra said. "This law does a good job of dividing food products into ones that have potential to be hazardous and ones that aren't."

The legislation requires people to have a food sanitation license, and it states that they must clearly label goods that are prepared in a home.

At least 17 other states have similar policies in place, according to the Illinois Stewardship Alliance.

The measure now heads to the Illinois House of Representatives.