Section 955.10 Purpose and General
Definitions
a) Purpose
The purpose of
this Part is to establish definitions to determine the status of a "qualifying
farmer" under the Act, and to outline the process to obtain an advisory
opinion from the Department.
b) Definitions
The Department
incorporates by reference the definitions of terms in Article 11, Division 15.4
of the Illinois Municipal Code [65 ILCS 5].
"Act"
means Article 11, Division 15.4 of the Illinois Municipal Code [65 ILCS 5].
"Department"
means the Illinois Department of Agriculture.
"Farmer"
means a person who has filed an urban agricultural area application with an
urban agricultural area committee.
"Urban
agricultural area" means an area defined by a municipality and entirely
within that municipality's boundaries within which one or more qualifying
farmers are processing, growing, raising, or otherwise producing locally-grown
agricultural products, as defined by the Act.
"Urban
agricultural area committee" means a committee established under the Act,
organized for the purpose of reviewing applications for urban agricultural
areas.
"Secretary"
means the Secretary of the U.S. Department of Agriculture.
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TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER u: GENERAL RULES
PART 955
MUNICIPAL URBAN AGRICULTURAL AREAS
SECTION 955.20 DEFINITION OF BEGINNING FARMER
Section 955.20 Definition of Beginning Farmer
a)
Source
The Department incorporates the
Secretary's definition of a beginning farmer as stated in subsection (b).
b) Definition
1) A beginning farmer is a
farmer that has:
A) not
operated a farm, or who has not operated a farm for not more than 10
consecutive years. This requirement applies to all members of an entity that
operates as a farmer; and
B) will
materially and substantially participate in the operation of the farm.
2) In
the case of a contract with an individual, individually or with the immediate
family, "material and substantial participation" requires that the
individual provide substantial day-to-day labor and management of the farm or
ranch, consistent with the practices in the county where the farm is located.
3) In
the case of a contract with an entity, all members must materially and
substantially participate in the operation of the farm or ranch. Material and
substantial participation requires that each of the members provide some amount
of the management, or labor and management, necessary for day-to-day
activities, such that, if each of the members did not provide these inputs,
operation of the farm or ranch would be seriously impaired.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER u: GENERAL RULES
PART 955
MUNICIPAL URBAN AGRICULTURAL AREAS
SECTION 955.30 DEFINITION OF SMALL- OR MEDIUM-SIZED FARMER
Section 955.30 Definition of Small- or Medium-Sized
Farmer
Definition
A small- or medium-sized farmer means a farmer who has
received a Direct Farm Ownership Microloan, or a Direct Farm Operating
Microloan, through the USDA Microloan Program.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER u: GENERAL RULES
PART 955
MUNICIPAL URBAN AGRICULTURAL AREAS
SECTION 955.40 DEFINITION OF LIMITED RESOURCE FARMER
Section 955.40 Definition of Limited Resource Farmer
a) Source
The Department incorporates the
Secretary's definition of a limited resource farmer as stated in subsection (b).
b) Definition
1) A limited resource
farmer is a farmer that has:
A) direct
or indirect gross farm sales that are less than the current indexed value in
each of the previous 2 years; and
B) a
total household income at or below the national poverty level for a family of 4,
or less than 50% of the county median household income in each of the previous
2 years.
2) An
entity or joint operation can be a limited resource famer if all individual
members independently qualify.
3) The
Secretary maintains an online tool that allow users to determine whether they
meet the qualifications to be a limited resource farmer (https://lrftool.sc.egov.usda.gov/LRP_Definition.aspx).
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER u: GENERAL RULES
PART 955
MUNICIPAL URBAN AGRICULTURAL AREAS
SECTION 955.50 DEFINITION OF SOCIALLY-DISADVANTAGED FARMER
Section 955.50 Definition of Socially-Disadvantaged
Farmer
a) Source
The Department incorporates the
Secretary's definition of a socially-disadvantaged farmer as stated in
subsection (b).
b) Definition
1) A socially-disadvantaged
farmer is a farmer that is a member of a socially disadvantaged group. A
socially disadvantaged group is a group whose members have been subject to
racial or ethnic prejudice because of their identity as members of a group,
without regard to their individual qualities. These groups consist of the
following:
A) American
Indians or Alaskan Natives;
B) Asians;
C) Blacks
or African Americans;
D) Native
Hawaiians or other Pacific Islanders; and
E) Hispanics.
2) A
socially disadvantaged farmer may be an individual or entity who is a member of
a socially disadvantaged group. For an entity, at least 50% ownership in the
farm business must be held by socially-disadvantaged individuals.
SUBPART B: GENERAL PROVISIONS
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER u: GENERAL RULES
PART 955
MUNICIPAL URBAN AGRICULTURAL AREAS
SECTION 955.60 ADVISORY OPINIONS FROM THE DEPARTMENT
Section 955.60 Advisory Opinions from the Department
a) Requesting an Opinion
An urban agricultural area
committee that desires an opinion from the Department as to whether an
applicant meets one of the definitions to be considered a qualifying farmer
under the Act may request that opinion in writing. The request for an opinion
should include the application and all relevant materials. The request should
be sent to:
Illinois Department of Agriculture
Attn: Director
P.O. Box 19281
Springfield IL 62794-9281
b) Department's
Response
Upon receiving a request for an
opinion, the Director shall review and, within 90 days after the date of
receipt of the request, notify the urban agricultural area committee in writing
of his or her opinion. The written opinion will constitute a
"decision" under the Administrative Review Act [735 ILCS 5/Art. III].
AUTHORITY: Implementing and authorized by Article 11, Division 15.4 of the Illinois Municipal Code [65 ILCS 5] and Section 205-65 of the Department of Agriculture Law [20 ILCS 205].
SOURCE: Adopted at 43 Ill. Reg. 7422, effective June 21, 2019.
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