Illinois Cottage Food Laws

Illinois Cottage Food Law: Comprehensive Guide

This guide explains Illinois’s cottage food law (Public Act 102‑0633, effective January 1 2022), covering allowed foods, prohibited items, registration, labeling, sales venues, safety requirements, and practical steps to start a home‑based food business in Illinois.

Quick Facts

1. Overview / Introduction

Illinois’s Home‑to‑Market Act (Public Act 102‑0633, amending 410 ILCS 625/4) took effect on January 1, 2022, significantly expanding cottage food operations across the state (ilga.gov). This law allows individuals to produce and sell certain non‑hazardous foods from their home kitchens directly to consumers, with standardized state‑wide regulation (ilstewards.org).

2. Sales Limits

There is no annual or monthly sales cap in the statewide law—Illinois eliminated the previous $1,000/month limit when enacting Public Act 102‑0633 (cottagecms.com). However, local jurisdictions like Monroe County may still impose $25,000 annual gross sales limits—always verify with your local health department (monroecountyhealth.org).

3. Licensing & Registration

• Operators must register annually with their local health department, which issues a certificate bearing a registration number (ilga.gov).
• Registration may include a fee up to $50, at local discretion (ilga.gov). Evanton, for example, charges no fee (cityofevanston.org).
• Self‑certification programs may be offered by some local departments (ilga.gov).

4. Training Requirements

To operate legally, the person preparing or packaging food must hold a Department‑approved Food Service Sanitation Management Certificate, effectively a Certified Food Protection Manager (CFPM) credential. Typically valid for five years, with courses costing approximately $100–$200 (monroecountyhealth.org).

5. Home Kitchen Inspection

• No routine inspection is required unless there's a consumer complaint, suspected illness outbreak, or other health hazard—then inspection may be performed with fees and could result in suspension or revocation of registration (ilga.gov).
• Operators using private well water may be required to provide water testing for E. coli/coliform at their expense (ilga.gov).

6. Allowed Foods

Illinois adopts a “prohibited list” approach: any food not on the prohibited list may be produced and sold. Allowed items include baked goods, candies, jams, dried goods, certain acidified or fermented goods (with compliance), dehydrated and frozen items, alcoholic beverages, wild‑harvested mushrooms, kombucha, etc. (ilga.gov).

7. Prohibited Foods

The following items cannot be sold under the cottage food law (unless properly licensed):

• Meat, poultry, fish, seafood, shellfish
• Dairy products (except as ingredients in non‑hazardous baked goods, candies or frostings) (ilga.gov)
• Raw egg usage (except in dry noodles or certain baked goods with non‑raw eggs) (ilga.gov)
• Pumpkin pies, sweet potato pies, cheesecakes, custard/creme pies, pastries with hazardous fillings/toppings
• Garlic-in-oil (unless properly acidified)
• Low‑acid canned foods (defined as equilibrium pH > 4.6 and water activity aw > 0.85)
• Sprouts
• Cut leafy greens (unless dehydrated, acidified, or blanched and frozen)
• Cut or pureed fresh tomato or melon
• Dehydrated tomato or melon
• Frozen cut melon
• Wild-harvested mushrooms
• Kombucha (though allowed—note list includes kombucha, contradiction in sources; clarify it is allowed) (ilga.gov)

8. Special Requirements for Certain Foods

• Canned tomatoes or canned products containing tomatoes: must follow a USDA‑tested recipe or submit recipe to a commercial lab for acidification testing; must provide annual test documentation upon registration or inspection (ilga.gov).
• Fermented or acidified foods: must use USDA‑tested recipe or submit a written food safety plan plus pH test for each category; safety plan yearly, pH test every 3 years (extension.illinois.edu).
• Baked goods with cheese: local health departments may require lab testing at operator’s expense to prove non‑hazardous nature (extension.illinois.edu).

9. Labeling Requirements

Prepackaged products must bear a prominent label with:

• Name of cottage food operation and unit of local government (municipality or county)
• Registration number and municipality or county where registered
• Common or usual product name
• Full ingredient list (including colors, artificial flavors, preservatives) in descending order by weight
• The exact phrase "This product was produced in a home kitchen not inspected by a health department that may also process common food allergens. If you have safety concerns, contact your local health department." in prominent lettering
• Processing date
• Allergen labeling as per federal requirements (ilga.gov).

At the point of sale, whether physical or online, you must display a placard or prominent notice with: "This product was produced in a home kitchen not inspected by a health department that may also process common food allergens." (ilga.gov).

10. Where You Can Sell

Sales must be direct to consumers, including through:

• Farmers’ markets
• Fairs, festivals, public events, online platforms
• Pickup from operator’s home or farm (subject to local home‑based business rules)
• Delivery to customers
• Pickup from third‑party private property with owner consent (ilga.gov).

No resale allowed: cannot be sold to grocery stores, restaurants, wholesalers, brokers, or used in CSA unless the operator is sole provider (extension.illinois.edu).

Shipping: Allowed only for non‑potentially hazardous foods, within Illinois only; packaging must be tamper‑evident (ilga.gov).

11. Sales Tax

No information on state or local sales tax requirements appears in the approved sources. Entrepreneurs should consult the Illinois Department of Revenue or their local jurisdiction for guidance.

12. Special Exemptions

• Fundraising by nonprofits: Individuals producing non‑potentially hazardous baked goods for religious, charitable, or nonprofit fundraising are exempt from cottage food requirements and need no registration or permit; see IDPH bake‑sale guidelines (ilga.gov).
• Home rule preemption: Local units cannot impose more restrictive regulations than the state law allows (ilga.gov).

13. Getting Started

1. Complete CFPM training and pass certification (valid ~5 years).
2. Register with your local health department (annual renewal; up to $50 fee, or no fee depending on location).
3. Ensure recipes for acidified, fermented foods, canned tomatoes, or cheese‑containing baked goods meet requirements (USDA or lab‑tested).
4. Design and print proper labels with required information and statements.
5. Plan your sales venues (farmers markets, events, online, delivery, pickup) in compliance with state and local rules.
6. Package shipped products in tamper‑evident way and ship only within Illinois, if applicable.
7. Maintain records, especially for recipe testing, pH results, and registrations.
8. Stay responsive to any health department inquiries or complaints; be prepared for inspection if needed.

14. Official Resources

• Illinois General Assembly – Public Act 102‑0633 (Home‑to‑Market Act): official statute text (ilga.gov)
• Illinois Department of Public Health – Cottage Food page: overview, registration info, guides, labeling checklist (dph.illinois.gov)
• University of Illinois Extension – Cottage Food regulations and point‑of‑sale guidance (extension.illinois.edu)
• IDPH Guidelines for Bake Sales: nonprofit exemption details (dph.illinois.gov)
• Local health department websites, e.g., DuPage County, Monroe County, City of Evanston for practical local process details (dupagehealth.org)

Official Sources

This guide was compiled from the following official sources:

• www.ilga.gov
• dph.illinois.gov
• extension.illinois.edu
• extension.illinois.edu
• www.ilga.gov
• legiscan.com
• monroecountyhealth.org
• cottagecms.com
• dph.illinois.gov
• www.dupagehealth.org
• www.cityofevanston.org

Important Notes

⚠️ Local health departments may impose additional fees or small‑sales limits—always check locally.

⚠️ Some product categories (e.g., kombucha) appear inconsistently noted; verify with local department if uncertain.

⚠️ No sales tax information available in sources—consult revenue authorities.

⚠️ If using private well water, you may be required to conduct water testing at your own expense.