Farmers markets are also popular for those wonderful home-baked
goods that many desire but few have time to prepare.
For many market vendors, the sales of their fresh produce or
home-baked goodies constitute a large portion of their annual
income, including several of those who sell at our two local markets
in Lincoln.
However, in May of 2010 the state of Illinois threw a wrench in
the works for market vendors when legislators passed laws regulating
how the vendors may sell their baked goods.
While the law is very extensive, it is also somewhat vague.
Opponents of the law say that it will make the sale of home-baked
goods prepared in the family kitchen virtually impossible.
It is suspected that the laws will lead to separate or detached
kitchens that will be subject to hefty licensing and permit fees.
In 2010 most health departments didn’t enforce the new law, but
the Illinois Department of Public Health has made it very clear that
the laws will be enforced for the upcoming market season, and
violators will be shut down until they come into compliance.
For many vendors -- such as the Lolling family, who sell
fresh-baked cookies and other goodies in Scully Park; Natalie
Morris, who sells home-baked breads; and Floyd and Sandy Davis, who
sell cakes and cookies at Latham -- this law will literally put them
out of business.
According to Susan Wachter, the owner and manager of the Lincoln
Farmer’s Market at Scully Park, and Doug Fink and Vickie Hum,
co-managers of the Farmers’ Market in Latham Park, losing their
vendors who sell baked goods is going to have an effect on all the
vendors at the markets.
One of the greatest values of a farmers market is that it offers
shoppers a variety of products in one location. For the vendors, it
offers a variety of shoppers in one location.
Vendor Richard Smith, who sells at the market in Latham Park,
commented on this: "When I can go on Saturday mornings, I can’t help
but notice the number of people who come for the breads offered by
Natalie (Morris) and the cakes and cookies from Floyd and Sandy
(Davis).
"The thing is," he continued, "when they stop to buy from those
folks, they also shop the rest of us. That is the advantages of
farmers markets. While customers have their favorite vendors, they
still get to see what we all have, and a lot of times they end up
buying from more than one of us."
While currently the prospect of buying home-baked goods at local
farmers markets this summer seems dismal, there is some hope on the
horizon in the form of Illinois
Senate Bill 137, introduced by Sen.
David Koehler, D-Peoria.
The bill, which is being endorsed and promoted by the Illinois
Stewardship Alliance, removes the conditions of operating a
commercial-like kitchen and replaces it with other stipulations that
will help assure the safety and freshness of products without
putting a chokehold on the vendor.
Under SB137, bakers will have the following requirements:
-
Products are (to be) labeled to include the name and address of
the producer, the common or usual name of the product, the
ingredients of the food product, the date the product was processed,
and the following phrase: "This product is homemade and not subject
to state inspection."
-
Gross receipts from the sale of products (will) not exceed
$25,000 in a calendar year.
-
The name and residence of the person preparing and selling
products as a cottage food operation is registered with the
Department of Public Health and the Department of Agriculture.
-
The person preparing and selling product as a cottage food
operation has an approved Food Service Sanitation Management
Certificate.
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Wachter, who is a member of the Illinois Stewardship Alliance, is
currently out pounding the pavements seeking signatures on petitions
that she plans to take with her when she addresses the Illinois
Senate within the next few weeks in favor of SB137.
Late last week, Wachter spoke with LDN, saying that keeping the
2010 law in effect will have a devastating effect on not only the
local vendors, but vendors all around the state.
"Many of these vendors rely on their market sales to pay their
bills," Wachter said. "The 2010 rules are unreasonable. What SB137
proposes is that the vendors take a food handlers course and
maintain their food handler’s certificate, and carefully package
their products and label them. These are not unreasonable
expectations, and should be something that most vendors will be able
to do."
While Wachter has in the past sold baked goods, she said that in
the coming season they are not an integral part of her marketing
plan, and that she is not soliciting public support for herself, or
even the local markets, but for all farmers markets across the
state.
"More and more people are being forced away from small, local
businesses due to over-restrictive regulations," she said. "I truly
believe in the ‘shop local’ premise as it keeps communities such as
ours thriving with diversity and economic opportunities.
"I want people to know that if they call their senators and let
them know they support SB137, and if they sign the petition in
support of this bill, they can change the way their government
controls them, one bill at a time," Wachter concluded.
[By NILA SMITH]
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