Food Rules: Assessing Legal
Variables and Managing
Entrepreneurial Farm Business Risks
2011 Extension Risk Management
Education National Conference
Potential Risks
of Local Food System
Studies comparing relative risk of local vs. global
foods do not exist.
No food, from any source, can be guaranteed
100% safe . . . But, with a local food system, it
is easier to track the source and contain outbreaks of food borne illness compared to global food system—e.g. Salmonella outbreak of
2008 (first linked to tomatoes, then jalapeños;
unknown location of contamination).
Reported Incidences of Contracting Food-Borne
Illness from Direct Farm Market Venues
• Center for Disease Control (CDC) and Food and Drug
Administration (FDA) databases has some
information about reported incidences of food-borne
illnesses and sources
• However, food scientists caution that food borne
illnesses are vastly under-reported and that there are
no data to suggest that locally grown foods are more
or less “safe” than foods grown many miles from
where they are consumed.
CDC Outbreak Surveillance Data
Year
State
Pathogen
Source
Location
No. Sick
2000
MN, WI
Campylobacter
jejuni
Raw milk
farms
11-12
2002
KS
Campylobacter
jejuni
Raw milk
farm
8
2004
NY
E.Coli 0111;
Unpasteurized
Cryptosporidium cider
parvum
Orchard
212
2005
OK
Campylobacter
jenuni
Raw milk
Farm
11
2007
UT
Campylobacter
jenuni
Raw milk,
fresh,
unpasteurized
cheese
Not stated
62
Outbreak Data, cont’d
• International Food Safety Network (based in
Canada) website indicated that only three
food borne illness outbreaks were reported
from farmers’ markets since 1973
– 1992 Campylobacter on greens—Ontario Canada
– 1993 Cryptosporidium in cider—Maine
– 1994 Salmonella in soft cheese-Ontario Canada
Identifying the Need for Clarification and
Communication about Food Rules
– Many more farmers meeting consumer demand for
fresh local foods, but unaware of the welter of
regulations from local, state, and federal agencies
– Regulatory community has little experience
regarding small-scale, local operations
– Pilot “Food Rules” workshop first held in Carlock, IL
in 2007 to meet the above needs -- large turnout
and impact
“Food Rules” Impacts: 2007-08
• IL State Senator Koehler begins Farmers Market
legislation to clarify food rules in IL
• Local farmers and farmers’ market manager
invited to join IDPH food safety advisory
committee
• Sub-committee formed to revise IDPH
Technical Release Bulletin #30
“Food Rules” Impacts: 2007-08
• USDA Risk Management grant awarded to hold
Food Rules Workshops across Illinois - Food
Rules: Managing Entrepreneurial Farm
Business Risks by Knowing the Regulations
(RME-DZN02526)
Food Rules Workshops
• Held in winter 2008-09 in Rockford,
Champaign, Quincy, Peoria, Marion
• Panel of Regulators (IDPH, IDOA, county
health departments), farmers and market
managers
• Open Q/A . . .
Barriers Identified
• Complex Local, State, and Federal regulations
• Certain counties’ regulations particularly strict
and difficult to interpret
• Rules and policies for zoning, insurance, and
taxes difficult to understand
• Regulations associated with “inspected
kitchen” confusing
• Varying Interpretations of Regulations
Varying Interpretations
• IDPH’s “Technical Release Bulletin #30” only
“advisory”
– Local Health Depts. can interpret as they see fit and
charge fees as they see fit
– Vendors often find one county is fine with selling
e.g. meat/eggs or baked goods with little
restriction, whereas a neighboring county may
heavily regulate or prohibit
– Vendors find some local health departments
require mechanical refrigeration for perishable
foods; others don’t.
Lessons Learned: Advice for
Producers
• Start early in familiarizing yourself with regulations
• Make your local Health Department the first contact
• Local Health Departments may be able to help
interpret State and Federal regulations or direct you
to someone who can
• Tap into resources such as Farm Beginnings®, U of I
Extension, and Local Health Departments
• Get to know the people involved in zoning and
compliance early in your endeavor
Food Rules Workshop Evaluation
• Conducted a pre- and post-workshop survey
of workshop participants, most of whom
either were farmers/producers or people
considering selling direct to consumers.
• Participants’ reactions were varied: from
“can’t wait to get started and apply
information” and “less difficult than I
thought it would be” all the way to “stop a
business venture” and “hesitate to get
involved”.
Lessons Learned: Advice for
Regulators
• Encourage producers to contact you early in their
planning
• Keep lines of communication open
• Strive for consistency in interpretation of regulations
• Strive for a collaborative rather than adversarial
relationship with local producers
Food Rules Evaluation, cont’d
• Reaction to presenters was mixed, especially
to health department and ag department.
Many felt they “kept it simple” while others
felt it was “department speak”.
• The biggest impact and lesson carried forward
was a new “awareness” that all of these things
(rules, policies, departments) EXIST!
Final Evaluation Report
• Rules and regulations related to the
production, processing and marketing of food
tend to be confusing and complex.
• Respondents report their knowledge regarding
rules and regulations to have increased
through participation in the workshops and
there is also evidence of application of this
knowledge.
Final Evaluation report prepared by Catherine C. Twohig, Ed.D. and James M.
Brown, Ph.D., University of Minnesota
Final Evaluation Report, cont’d
• Workshop has had a positive impact on
participants’ behaviors: they valued the content
and how it was delivered. In addition, they tend
to use workshop information as they attempt to
operate more effectively and efficiently.
• However, respondents also report a need for
continued information, training and opportunity
for communication with policy makers and
educators in this arena.
“Food Rules” Impacts: 2009-11
• Illinois Food, Farms, Jobs Task Force
– Cites regulatory environment as a major barrier to
promoting and expanding local food production
and consumption
http://www.agr.state.il.us/newsrels/taskforcereport-outside.pdf
• Illinois Local Food Entrepreneur and Cottage Food
Operation Act (SB 137) Senator David Koehler
– Removes prohibitively burdensome barriers to aspiring
entrepreneurs producing non-potentially hazardous food
and enables preparation in home kitchens for sale at
farmers markets in Illinois.
Moving Forward
• Risk Management Education grant awarded Assessing Legal Variable and Managing Risk in Direct
Farm Businesses (RME-J4303409)
– create a Comprehensive Legal Guide for Illinois
Direct Farm Businesses
– establish a website – www.directfarmbusiness.org
– webinars (January 25 and March 3)
Assessing Legal Variables in the Direct Farm
Business – Guide and Website
Direct Farm Business Risk
Management Webinars
• Follow-up survey:
– 73% of participants indicated that they were now either
good or very good at identifying risks associated with their
direct farm business
• Pre-survey: 22.6%
– 64% said that the presentation helped them identify a
business practice they intended to change
– 71% said they were likely to seek legal or professional
help in order to mitigate those risks
• Pre-survey: 68.2%
Direct Farm Business Risk
Management Webinars
• Follow-up survey:
– We had participants rate their general knowledge
of legal risks associated with direct farm
businesses both before and after the webinar,
using a 5-point scale (low to high).
– Average before webinar: 2.38
– Average after webinar: 3.61
Direct Farm Business Risk
Management Webinars
• Future efforts and collaboration:
– Pending grant with USDA’s Agriculture Food Research
Initiative (AFRI) to expand the project to other states
– Would collaborate with National Agricultural Law Center to
create state-by-state legal guides
– Effort would be limited to states with MarketMaker
resource
• See http://national.marketmaker.uiuc.edu/
– Open to additional collaboration opportunities
• Contact Bryan Endres for more info
Take Home Message
• There can be a thriving local food movement,
AND it can produce and sell safe food.
• ...
Information Sources
• Illinois Department of Public Health Technical
Bulletin/ Food #30  “Sanitation Guidelines
for Farmers markets, Producer Markets and
other Outdoor Food Sales Events
http://www.agr.state.il.us/farmersmarket/IDPH_TIBF30.pdf
• IDOA Division of Food Safety and Animal
Protection, Bureau of Meat & Poultry
http://www.agr.state.il.us/AnimalHW/MP/index.html
• Illinois Direct Farm Business A Guide to Laws
Affecting Direct Farm Business in Illinois (CD)
Online Resources
• www.directfarmbusiness.org for legal
information on Direct Farm Marketing in
Illinois
• www.ilstewards.org (under Resources) for PDF
of a Guide to Illinois Laws Governing Direct
Farm Marketing for Farmers and Other Food
Entrepreneurs ” by Richard Schell, JD
For More Information
Deborah Cavanaugh-Grant
University of Illinois Extension
Extension Specialist
Small Farm and Sustainable Agriculture
SARE Coordinator
P.O. Box 410
Greenview, IL 62642
217-968-5512
cvnghgrn@illinois.edu
www.extension.uiuc.edu/smallfarm
For More Information
Terra Brockman
Founder, The Land Connection
1569 Sugar Hill Lane
Congerville, IL 61729
847-338-1861
terra@brockmanfarms.net
www.thelandconnection.org
www.terrabrockman.com
For More Information
Dr. Leslie Cooperband
Former Associate Professor of Soil Science, University of
Wisconsin and Extension Specialist in Food Systems,
University of Illinois
Currently, owner Grade A Goat Dairy and Farmstead
Cheesemaking Facility
Prairie Fruits Farm and Creamery
4410 N. Lincoln Ave.
Champaign, Illinois 61822
217-643-2314
prairiefruits@gmail.com
www.prairiefruits.com
For More Information
A. Bryan Endres
Associate Professor of Agricultural Law
Director, European Union Center
University of Illinois
322 Mumford Hall, 1301 W. Gregory Drive
Urbana, IL 61801
217-333-1828
bendres@illinois.edu
For More Information
Nick Johnson
University of Illinois at Urbana-Champaign
Dept. of Agricultural and Consumer Economics
322 Mumford Hall
1301 West Gregory Drive
Urbana, Illinois 61801
847-924-9933
njohnson3@gmail.com