Section 130.600  Illinois Farm to Food Bank Program

a)         The Department shall administer the Illinois Farm to Food Bank Program (Program) to help expand the availability of nutritious, locally grown, raised, or processed foods originating from Illinois farmers for Illinois' emergency food system. [305 ILCS 44/10(a)]

b)         Foods acquired through the Program shall be surplus, seconds, or market-grade quality levels and must be safe for consumption. [305 ILCS 44/10(b)]

c)         No fees may be assessed on foods from the Program to recipient distribution sites or programs, nor to individuals or households.

d)         Food banks that are part of the Statewide network for emergency feeding and commodity distribution described in 89 Ill. Adm. Code 130.300 are eligible to participate.

e)         The Secretary shall engage a not-for-profit entity from Illinois' emergency food system to administer the Program (hereafter called administering entity).  The administering entity shall have statewide reach and represent multiple food banks that source and distribute food to Illinois food pantries and soup kitchens under the same authorities and standards as the Emergency Food Assistance Program administered by the Department [305 ILCS 44/15].

f)         Funding shall be allocated to each participating food bank according to the allocation formula currently utilized for TEFAP (7 CFR 250 and 251).  TEFAP uses a Fair-Share System which is based on poverty and unemployment rates in each food bank's service area relative to the total for the state. The administering entity may reallocate to the remaining participating food banks any funding that is not accepted or obligated before the end of the State fiscal year.

g)         To receive funds made available by the Department under this Section, a participating food bank shall provide a 100% match to Farm to Food Bank resources with non-state funds.  The match can be met through cash or in-kind contributions. [305 ILCS 44/25(b)]

h)         Program funds may be used for the acquisition and distribution of food, administrative expenses, and capacity-building grants.  No less than 75% of available funds shall be dedicated to acquisition and distribution of food, including, but not limited to:

1)         Picking;

2)         Packing;

3)         Processing; and

4)         Transportation. [305 ILCS 44/10(c)]

i)          Program participants shall comply with the following regulations:

1)         The 2022 U.S. Food and Drug Administration (FDA) Food Code, available at: https://www.fda.gov/media/164194/download;

2)         The Department of Public Health's Food Code (77 Ill. Adm. Code 750);

3)         The Food Handling Regulation Enforcement Act [410 ILCS 625]; and

4)         Other specific directives issued by the Department (see Section 130.322(b)(7)(B)).

j)          The Program shall provide grants to improve capacity of the emergency food system to allow for the proper transportation, storage, or distribution of agricultural products to underserved areas. [305 ILCS 44/10(a)(2)]  An underserved area is defined as a community that has not had access or equitable access to food and is facing nutrition insecurity.  The Farm to Food Bank Advisory Council [305 ILCS 44/20] shall review and advise the administering entity on capacity-building grants for:

1)         Facility upgrades;

2)         Equipment; or

3)         Other applicable investments necessary to support the objectives of the Program and allow for the proper pickup, storage, or processing of agricultural products that expand the ability of Illinois' emergency food system to access these products and better reach underserved areas and underserved populations. [305 ILCS 44/30]

k)         Non-State matching funds are required for capacity-building grants; however, the administering entity may waive the matching requirement unless the grant recipient is a food bank. Entities that participate in the distribution of agricultural products to underserved communities shall be eligible to receive capacity-building grants, including, but not limited to:

1)         Agricultural entities (An "agricultural entity" means a grower, producer, or processor of farm or dairy products, meat, poultry, fruits and agricultural products that are grown, raised, harvested, or processed in Illinois. [305 ILCS 44/5]);

2)         Illinois-based aggregators,

3)         Food banks; and

4)         Private non-profit or public agencies that provide meals or food to needy persons (such as food pantries, soup kitchens, hunger relief centers, or other feeding programs).

l)          Each participating food bank shall be given the option to:

1)         Receive all or part of its funding allocation to contract directly with agricultural entities; and

2)         Elect for the administering entity to retain all or part of the food bank's funding allocation to contract with agricultural entities on behalf of the food bank.

m)        The administering entity shall establish additional goals, preferences, and incentives to advance equity, especially racial equity, in the farm industry. Priority should be given to acquiring food from socially disadvantaged farmers and ranchers, as defined in, the USDA Local Food Purchase Assistance Cooperation Agreement Program (LFPA) Section 1005 (b)(3) of the American Rescue Plan Act of 2021 (P.L. 117-2).

n)         The administering entity shall:

1)         Develop and submit to the Department an annual plan outlining anticipated needs, outreach efforts, potential challenges, and any changes that may affect the program from the prior year; and

2)         Issue and submit to the Department an annual report that summarizes the activity from the prior year, including meeting the capacity-building and equity goals of the program. [305 ILCS 44/15(b)(1) and (2)]

(Source:  Added at 49 Ill. Reg. 7328, effective May 9, 2025)