Ban on home-baked goods at market angers vendors
URBANA – Sales of home-baked goods at Urbana's Market at the Square will no longer be allowed, according to officials with the Champaign-Urbana Public Health District.
And that decision is upsetting some longtime vendors and city officials.
Jim Roberts, director of environmental health for the district, said the district has long allowed the sale of many home-baked goods at farmers' market. But he said that after he attended a January panel discussion about farmers' markets sponsored by the University of Illinois Extension Service and The Land Connection, and after checking with other area health departments, he felt compelled to revisit the issue.
Roberts said state law since 1999 has been clear that, in most instances, the sale of home-baked goods is prohibited.
The law makes exceptions if a bake sale is limited in nature (less than 14 continuous days of consecutive operation) or a fundraiser for a nonprofit, charitable organization or church.
But selling baked goods commercially on a weekly basis for several months a year is "a business," he said, and is not allowed under the law unless the baked goods are cooked in a certified kitchen with a permit from the health department.
Roberts said he sent a letter to that effect on April 10 to a number of farmers' market vendors, as well as to Lisa Bralts, coordinator of the farmers' market, informing them of the new interpretation. The market opens for the year on May 2.
"I think the code is clear," Roberts said. "The farmers' market technical bulletin is clear" from the Illinois Department of Public Health.
Roberts said he checked with public health departments in Vermilion, McLean and Macon counties, and none of them allow the sale of home-baked goods at farmers' markets.
Alderwoman Heather Stevenson, R-Ward 6, criticized the new policy at Monday's city council meeting.
"I think it will harm the farmers' market to not have vendors offering baked goods," she said. "I will not stay silent. Most people who go to the farmers' market know it's not made in a commercial-grade kitchen."
Stevenson said "in three days, I've heard from 20 people" about the issue.
Vendor Dan Erwin of Champaign said he had been selling baked goods at the market for the past 20 years.
"This isn't right," he said. "I've invested quite a bit of money."
Roberts said the salmonella outbreak associated with peanut butter this winter, along with an outbreak of the Norovirus at Lincoln's Challenge in Rantoul this year, helped prompt his decision. He said he can't inspect or take other control measures against a private kitchen, while he can inspect a certified kitchen.
Roberts added that bakers could rent the use of a commercial kitchen, such as at a restaurant during off hours, and continue to sell baked goods.
Also Monday, the council voted 5-1 to reauthorize the Civilian Police Review Board for another two years, through April 30, 2011.
What's involved in getting certified? Can one get a typical private kitchen certified for some small fee and be on their way? Did the state consider the low volume non-retail nature of private food production when formulating their regulations? Does this apply to lemonade stands and potlucks as well?
Parklife, in order to be certified in Champaign County a kitchen must have a three-compartment sink with three-foot drainboards on either side. Needless to say not something most home kitchens have and installation would be a very large expensive for these small time bakers.
Also, according to Lisa Bralts, market director, the CUPHD did NOT contact her to inform her of the changes. She found out through a vendor and then had to contact them herself find out what the new guidelines where. Seems like she would have been a good person to interview for this article.
Great news in tough economic times right before the market opens! Imagine the vendors that depend on that for their budget. Renting commercial kitchens around town is not as simple as the CUPHD guys makes it sound. I've tried and it is tough. Plus, for some of them, the rental fee would completely eat up whatever profit one makes at the market.
Thanks cconner, that's what I suspected.
I find it interesting that CUPHD's recent concern with private kitchens stems from foodborne outbreaks originating from a state inspected commercial manufacturing plant and a CUPHD certified kitchen. It's good CUPHD is standardizing on state law, but I would argue that the current law allows these sales. How does "less than 14 continuous days of consecutive operation" not fit with the one-day-a-week schedule of the market? Could the vendor take off every 14th market day and comply? I guess we need to know how the law defines "continuous day" and "consecutive operation".
The state of Illinois made the law. However, the state allows for individual counties and cities to pass ordinances that allow for home made baked goods, to be made and sold from a private home kitchen. There are other counties such as Coles and Randolph that allow for baked goods to be made in a home kitchen and those county health inspectors inspect those home kitchens. They do not allow for canning, meats, or anything cream filled. The city of Danville used to allow home kitchen baked goods until they turned over inspections to the Vermilion County Health Dept. which will not allow it, stating the Illinois State Law as the reason. Danville will not pass an ordinance because it does not have the money or man power to regulate the home kitchen. But, in the Champaign Urbana area where there is more city cash flow this could be done. I say BOO to CUPHD for being followers of Vermilion County. The overhead for starting a small baking business in a seperate location is high, and renting someone elses approved kitchen is not possible in most cases because of the cost. Again the State of Illinois says that it allows for Cities and Counties to pass there own ordinances in allowing for home kitchens. The Coles County Health Department is proof of the fact that it can be done legally and managed properly.
Sure, pick on the little guy. If it's up to the local gov'ts, why not make the necessary changes to allow for these people to provide what we want? I for one will make sure to spread the news and suggest we all boycott the big companies that sell there (i already do by virtue of buying from the little guys.) they make the better baked goods by far. In the time of everyone struggling for work, help those who already have a foothold, don't tear out the rug.
I encourage anyone that is passionate about this issue to email Mr. Roberts at jroberts@cuphd.org. Better yet, join others upset about the issue at the next Champaign County Board of Health meeting on April 28 at 6PM at the Brookens Center.
I agree with the comments posted by parklife on April 21, 2009 at 5:12 PM.
For a government agent to cite two instances of government agency incompetence and negligence as justification for imposing more government agency control in the absence of any evidence of the existence of a problem having existed previously in the area the agency has now decided to control is absurd.
I do hope that the City of Urbana will quickly pass an ordinance to defang the CUPHD with respect to the farmers market. Failing that I wonder what would happen if 100 or more people were to show up with a single home baked muffin and sell if to someone for 5 cents while local TV stations record the event for the evening news.
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