Cecily Zamora
Illinois' cottage food laws allow individuals to make and sell homemade food products. Unlike other states, Illinois specifies which foods are prohibited, and if a food item is not on this list, it can be sold. Foods that can be sold include jams, jellies, apple butter, salsa, pickles, pie, cakes, cookies, bagels, bread, and more. Prohibited foods include dairy, eggs, and home-canned products (except jams and jellies).
| Characteristics | Values |
|---|---|
| Food type | Non-hazardous foods, including baked goods, jams, jellies, pickles, sauerkraut, and canned tomato products. Dairy and eggs are allowed only as ingredients in non-hazardous foods. |
| Food preparation location | Primary residence or appropriately designed kitchen on a farm. Commercial kitchens are prohibited. |
| Sales channels | Direct-to-consumer sales, including home sales, delivery, pickup, fairs, festivals, and public events. Sales to retailers and other states are prohibited. |
| Permits and licenses | A cottage food license must be obtained from the local health department, and fees may vary by county. Food safety training and ANSI accreditation are also required. |
| Shipping | Non-perishable items can be shipped within Illinois. Perishable foods cannot be shipped. |
| Food safety | Foods must be packaged and labeled with ingredients and allergens. Certain foods, such as canned tomatoes and fermented foods, have additional requirements. |
| Temperature control | The "2 Hour/4 Hour Rule" applies to potentially hazardous foods that are out of temperature control during preparation, serving, or display for sale. |
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What You'll Learn
- Permitted foods include jams, jellies, cakes, cookies, and more
- Prohibited foods include dairy, eggs, cider, and beverages
- Sales can be direct, online, at farmers' markets, fairs, and public events
- You must obtain a license and food safety training
- Foods must be packaged and labelled with ingredients and allergens
Permitted foods include jams, jellies, cakes, cookies, and more
Illinois' cottage food laws have changed over the years, with the state previously having one of the most restrictive sets of laws in the nation. The current laws allow for the sale of non-hazardous foods outside of farmers' markets, and the state specifies which types of foods are not allowed, rather than which are.
In addition to jams and jellies, other canned goods may be sold, but they must follow specific guidelines. For example, canned tomatoes and other products containing tomatoes must adhere to approved recipes. Home-canned goods are generally not approved, except for certain jams, jellies, and fruit butters. Baked goods with cheese may require a recipe submission to a commercial laboratory to verify that the product is non-hazardous.
Illinois' cottage food laws also include regulations for the sale of refrigerated bakery items, such as the 2 Hour/4 Hour Rule, which dictates the handling of potentially hazardous foods that have been out of temperature control during preparation, serving, or display.
To sell cottage foods in Illinois, individuals must obtain a license and undergo food safety training that is accredited by the American National Standards Institute (ANSI). Sales must be made directly to the consumer and cannot be sold to other states or retailers.
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Prohibited foods include dairy, eggs, cider, and beverages
Illinois has some of the most restrictive cottage food laws in the United States. The state specifies which types of foods are not allowed under cottage food laws, and these include dairy, eggs, cider, and beverages.
Dairy products are prohibited under cottage food laws in Illinois, except as an ingredient in non-potentially hazardous baked goods, candies, or frostings. For example, dairy can be used in caramels or buttercream frostings. If a cottage food operator wants to sell a baked good with cheese, they may need to submit a recipe to a commercial laboratory to verify that it is non-potentially hazardous.
Eggs are also prohibited, except as an ingredient in non-potentially hazardous baked goods, including dry noodles, or frostings, as long as the eggs are not raw. Pumpkin pies, sweet potato pies, cheesecakes, custard pies, creme pies, and pastries with potentially hazardous fillings or toppings are not allowed.
Beverages are prohibited under Illinois cottage food laws, and this includes cider. Only non-perishable items may be shipped, and these must remain within the state. Perishable foods can be sold, but only directly to consumers in the state of Illinois.
In addition to prohibited foods, there are also restrictions on the production and sales of certain foods. For example, home-canned products are not approved under cottage food laws, except for some jams, jellies, and fruit butters. Cooked vegetables are considered potentially hazardous, and must be held either hot (above 135°F) or cold (below 41°F). Refrigerated bakery items must follow the "2 Hour/4 Hour Rule" to ensure food safety.
Cottage food operators in Illinois must obtain a license and comply with food safety training requirements. Sales must be made directly to the consumer and cannot be sold for resale or in retail food establishments.
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Sales can be direct, online, at farmers' markets, fairs, and public events
Illinois has had some of the most restrictive cottage food laws in the country. The state's first cottage food law, enacted in 2012, only permitted cottage food operations to sell certain items at farmers' markets. Amendments in 2018 removed the sales limit and expanded the list of allowed foods, but sales were still restricted to farmers' markets.
In 2022, an amendment allowed all direct sales in the state, including sales from the producer's home, delivery, pickup, and at fairs and festivals. This amendment effectively replaced the previous "home kitchen operation" law, which was very restrictive. This law required counties to opt-in by creating an ordinance, and only allowed home kitchen operations to sell up to $1,000 of baked goods per month from home, not at any venues.
Cottage food operators in Illinois can now sell their products directly to consumers in a variety of ways, including online sales, sales at farmers' markets, fairs, and public events. Direct sales to consumers are permitted, including sales by the owner, a family member, or employee, but products may not be sold for resale or in retail food establishments. Only non-perishable items may be shipped, and only within the state of Illinois.
To sell cottage food in Illinois, a license or permit is required, and food safety training that is American National Standards Institute (ANSI) accredited is mandatory. The specific requirements and laws vary across counties, and it is important to check the regulations in your specific county.
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You must obtain a license and food safety training
If you are planning to sell food in Illinois, you must comply with the state's Cottage Food Law and obtain the relevant licenses and food safety training. Here is some information to help you get started:
Firstly, it is important to understand the scope of the Cottage Food Law in Illinois. This law applies to cottage food operations, which are home-based food businesses where food or drink is produced in a person's primary domestic residence or an appropriately designed kitchen on a farm. Cottage food operators are allowed to sell their products directly to consumers, including through pick-up from their private home or farm, but they cannot sell through retail food establishments.
In terms of licensing and food safety training, Illinois has specific requirements. Food handler training is crucial and mandatory in Illinois for food employees or handlers, and the training requirements vary depending on the type of food establishment. Generally, food handlers must obtain their training within 30 days of being hired and may need to renew their training periodically, such as every three years. Food establishments should maintain records of their employees' food handler training.
To obtain food handler training in Illinois, you can enrol in an ANSI-accredited food handler training program or an internal training program approved by the Illinois Department of Public Health (IDPH). Online options are available through ANAB-accredited providers, and some websites offer Illinois Food Handler Cards for as low as $7.95. These programs will provide you with the necessary training and certification to safely handle food in Illinois.
It is important to note that food handler training requirements may differ for restaurants and non-restaurants. For non-restaurant establishments, training may not be transferable between employers, and specific approval from the Illinois Health Department may be required. Additionally, certain food products, such as canned goods and baked goods, may have additional requirements for food safety that you must follow.
By obtaining the necessary licenses and food safety training, you can ensure that your cottage food operation complies with Illinois law and maintains safe food handling practices. Remember to stay informed about any updates or revisions to the Cottage Food Law in Illinois, as the law has undergone amendments in the past to expand the allowed foods and sales avenues.
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Foods must be packaged and labelled with ingredients and allergens
In Illinois, the Cottage Food Law allows individuals to make homemade food products and offer them for commercial sale. However, there are specific guidelines and requirements that must be followed. One of the critical aspects of the law is that foods must be packaged and labelled with ingredients and allergens. This helps ensure consumer safety and compliance with food safety regulations.
The packaging and labelling requirements are essential to provide transparency and important information to consumers. By listing the ingredients, customers can make informed choices, especially if they have specific dietary restrictions or allergies. Additionally, proper labelling helps to build trust and confidence in the products offered by cottage food operators.
Under the Illinois Cottage Food Law, food products must be packaged securely and attractively. This not only preserves the freshness and quality of the food but also enhances its appeal to potential customers. Proper packaging can include boxes, jars, or containers that are appropriately sized and designed to protect the food during transport and storage.
The labelling requirements are comprehensive and aim to provide detailed information about the product. In addition to listing the ingredients, labels must also include the name and address of the cottage food operation, the net quantity of the product, and any necessary allergen information. Allergen labelling is crucial to help consumers identify any ingredients that may cause allergic reactions. Common allergens that must be declared include dairy, eggs, nuts, soy, and wheat.
It is important to note that the labelling requirements may vary depending on the specific type of food product being sold. For instance, canned goods or baked goods with cheese may have additional labelling requirements to ensure food safety. Consulting with local health departments or referring to the Illinois Cottage Food Guide can provide specific guidelines for different types of food products.
By following the packaging and labelling guidelines, cottage food operators in Illinois can ensure compliance with the law and provide safe and informative products to their customers. Proper labelling and packaging contribute to the overall success and credibility of the cottage food industry, fostering trust and confidence in the homemade food products offered for sale.
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Frequently asked questions
The Cottage Food Law in Illinois allows individuals to make and sell homemade food products.
Illinois specifies which foods cannot be sold under the Cottage Food Law. Foods that are not on the restricted list can be sold. Some foods that can be sold include jams, jellies, cakes, cookies, and bread.
Foods that are prohibited under the Cottage Food Law include dairy, eggs, and honey.
Yes, you need to obtain a license before starting your business. You also need to obtain food safety training that is American National Standards Institute (ANSI) accredited.
Yes, you can sell food online directly to consumers in Illinois. However, you cannot ship perishable foods or sell them to other states.
