Hi there,

Congrats to Illinois for passing SB 2617, which improves their law in a few specific ways.

Assuming the governor signs the bill, this law should take effect in January of next year.

This bill contains 3 main changes, the last of which is the most interesting. Let's look at each one:

1. Legalizing some producers

There are 2 counties in Illinois that don't have a health department. Up until now, producers in those counties have had no way to become a legal cottage food operation.

This bill allows a nearby county to register (and legalize) those producers, so it's a great change for them!

2. Allowing items containing alcohol

This bill clarifies that both extracts and baked goods containing alcohol are allowed.

I think the original intent of IL's law was to allow those items, but maybe some health departments were disallowing them, so this bill makes it clear that they are allowed.

3. Mobile farmers markets

This is where it gets a bit confusing.

The bill allows cottage food operators to sell their products through "mobile farmers markets".

A mobile farmers market is exactly what it sounds like: a farmers market on a truck. Check out Food Works to see an example of what it looks like.

I think the intent of the law was simply to allow a truck like Food Works (they helped advocate for the bill) to sell cottage food products.

But the way the bill is written, it could (in theory) create a loophole to allow "cottage food market trucks" -- food trucks selling only cottage foods.

Let's look at what the bill says: "'Mobile farmers markets' means a farmers market that is... owned and operated by a farmer or a third party selling products on behalf of farmers or cottage food operations..."

Let me break that down a bit:

• "operated by a farmer OR a third party": These food trucks must be run by a farmer or a third party, therefore a cottage food operator cannot run their own food truck
  
• "sell on behalf of farmers OR cottage food operations": These food trucks can (in theory) sell cottage food items without selling any items from farmers
  

Sooooo... technically, this law would legalize "cottage food market trucks": food trucks containing only an assortment of cottage food products from various producers.

BUT, should a truck like that fall under the definition of a "mobile farmers market"? IMO, definitely not. For instance, Illinois' definition for "farmers market" would not allow a market with only cottage food products.

So while in theory, a "cottage food market truck" could exist under the new law, I think in reality, it's unlikely to happen.

But even still, it does give cottage food operators one more way to market and sell their products, which is always a great thing!


Overall, this bill might not change much for most cottage food operators in Illinois, but for some producers, it will be very beneficial!

Forraging ahead,

David