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Compliance · 33 min read

Illinois Cottage Food Law in 2026: No Cap, No Retail, and a Prohibited-List Approach That Trips Up Half the Internet

Illinois has no cottage food revenue cap, but it does not allow sales to stores, restaurants, or wholesale buyers, and it prohibits a specific list of foods rather than naming the ones you can make. The rules live in 410 ILCS 625/4, as rewritten by the Home-to-Market Act (Public Act 102-0633, effective January 1, 2022) and amended by Public Act 103-0903 (effective January 1, 2025): direct-to-consumer sales only, local health department registration capped at $50 a year, a Certified Food Protection Manager credential, in-state shipping only for foods that do not need time/temperature control, a two-sentence statutory label statement, a separate point-of-sale notice, and a tested-recipe or pH-testing pathway for acidified and fermented foods. This is what the statute actually says.

A small-batch fermenter peers over a wooden counter behind four glass mason jars on a wooden table — pickled red peppers, sauerkraut, kimchi, and pickle relish — under warm low-key studio lighting

A lot of the cottage food guidance about Illinois on the open internet gets at least one of four big facts wrong. The Illinois framework has no revenue cap, and it has not had one since January 1, 2018, yet some summaries still quote a dollar ceiling. It prohibits sales to stores, restaurants, and wholesale buyers, which is not what some guides imply when they call a product "shelf-stable." It allows acidified and fermented foods through a tested-recipe or pH-testing pathway, even though some guidance treats pickles and hot sauce as off-limits. And its label statement is two sentences long, which is easy to miss if you copy only the first half.

This guide is the long version of what 410 ILCS 625/4 actually says, what the 2026 Cottage Food Guide from University of Illinois Extension and the Illinois Department of Public Health (IDPH) adds, and what the 2024 amendment (Public Act 103-0903) changed. The format follows the rest of the Ardent Seller state-guide series: the short version up top, the comparison-state context next, the food list, the label, the common mistakes, and a primary-source citation list at the bottom that you should bookmark and trust above this post.

The short version. Illinois cottage food law sits under 410 ILCS 625/4 (opens in new tab), the Illinois Food Handling Regulation Enforcement Act, as rewritten by Public Act 102-0633, the Home-to-Market Act, effective January 1, 2022 (opens in new tab), and amended by Public Act 103-0903, effective January 1, 2025 (opens in new tab). It has no revenue cap. Sales must be direct to the consumer, not for resale: farmers markets and mobile farmers markets, fairs, festivals, public events, online, pickup at the operator's home or farm, delivery to the customer, and pickup from third-party private property with the owner's consent. Only foods that do not need time/temperature control for safety (TCS) may be shipped, and never out of state. Stores, restaurants, wholesale, and consignment are excluded. The operator registers annually with the local health department (fee capped at $50), and everyone who prepares or packages the food must be a Certified Food Protection Manager. The statute takes a prohibited-list approach, and the list includes kombucha, pumpkin and sweet potato pies, and dehydrated tomato or melon. Labels must show the operation name and its city or county, the registration number and where it was filed, the product name, ingredients, allergens, the processing date, and, in prominent lettering, "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." A shorter version of that notice must also appear on a placard or in the online checkout.

Where Illinois sits on the cottage food map after the Home-to-Market Act

The Ardent Seller blog has now covered seven other state cottage food frameworks in depth — Texas, California, Florida, New York, Pennsylvania, Ohio, and Georgia. Illinois fits into the no-cap group, but with a combination of features no other state on the list shares.

Dimension Texas California Florida New York Pennsylvania Ohio Georgia Illinois
Revenue cap $150,000 $88,878 Class A / $177,756 Class B (2026) $250,000 None None None None None
State permit / registration None (DSHS registration required for TCS foods) County registration (A) or permit (B) None Home Processor Registration (no fee) $35 Limited Food Establishment registration None None Local health department registration, up to $50/year
Routine kitchen inspection None Class B only None None Yes None None None (complaint-based)
Required training Food handler training CDPH-approved food processor course None None None None Unsettled (GDA page still lists an ANSI course) Certified Food Protection Manager
Acidified foods (hot sauce, salsa) Allowed Excluded Excluded Excluded Permitted with pH testing Excluded Excluded Permitted with tested recipe or food safety plan and pH test
Wholesale to retailers / restaurants Non-TCS foods through a registered vendor Class B only Excluded Permitted within New York Permitted Permitted Permitted Excluded
In-state mail / parcel Not allowed (personal delivery only) In-state delivery Allowed Allowed Allowed Allowed Allowed Non-TCS foods only
Interstate sales Excluded Excluded Permitted (federal and destination-state rules apply) Excluded Permitted Excluded Excluded Excluded
Food list approach Exclusion list (SB 541) Enumerated allowed list Enumerated allowed list Enumerated allowed list Enumerated allowed list Enumerated allowed list Enumerated allowed list Prohibited list (allows foods not excluded)

Three things about the Illinois column stand out.

First, Illinois lists what you cannot make. Most of the frameworks in the table list what you can make and treat everything else as excluded. Illinois, like Texas since SB 541, inverts that: 410 ILCS 625/4(b)(1.5) names the prohibited foods, and foods not on the list may be sold. In practice a producer experimenting with an unusual product (savory shortbreads, dried-mushroom seasoning blends made with cultivated mushrooms, dehydrated fruit-and-herb mixes, fruit leathers, granola with novel inclusions) has a clearer path in Illinois than under an allowed-list state. The product still has to stay off the prohibited list, and foods that need time/temperature control must be held cold.

Second, Illinois is the only no-cap state on this list that excludes wholesale. New York, Pennsylvania, Ohio, and Georgia all allow some form of sales to retailers or restaurants. Illinois does not: cottage food must be sold "directly to consumers for their own consumption and not for resale." The trade-off is that every direct channel is open inside Illinois: farmers markets, events, online orders, home pickup, delivery, and in-state shipping of foods that do not need refrigeration.

Third, Illinois has a clear written pathway for acidified and fermented foods. Pickles, salsa, hot sauce, kimchi, and sauerkraut are allowed under either a tested recipe or a food safety plan plus a pH test. Garlic in oil is prohibited unless the garlic oil is acidified. Kombucha is prohibited outright.

The rest of this guide walks through each of those features in detail, plus the label rule, the registration mechanics, and the details that are easiest to get wrong.

What the Home-to-Market Act actually changed

Before the Home-to-Market Act, 410 ILCS 625/4 said cottage food "is to be sold at a farmers' market," with a narrow exception for foods whose main ingredient was grown on the producer's farm. The annual gross receipts cap, which stood at $36,000, was repealed by Public Act 100-0035 (HB 3063) (opens in new tab), effective January 1, 2018.

Public Act 102-0633, the Home-to-Market Act (Senate Bill 2007), took effect January 1, 2022 and rewrote the framework. The headline changes:

Direct sales opened beyond farmers markets. The Act replaced the farmers-market rule with a list of direct-to-consumer channels in 625/4(b)(11): farmers markets; fairs, festivals, public events, or online; pickup from the operator's home or farm; delivery to the customer; and pickup from third-party private property with the owner's consent. The current statute limits shipping to foods that do not need temperature control and prohibits shipping out of state ((b)(12)).

Registration and local rules were standardized. Every cottage food operation registers with the local health department where it is located, may sell anywhere in the state once registered, and pays a fee of no more than $50. Subsection (h) says a home rule unit may not regulate cottage food operations in a manner inconsistent with the state rules. Local laws that apply equally to all cottage food operations can still restrict home pickup, and in a municipality of 1,000,000 or more, operators must follow laws that apply to all home-based businesses ((b)(11)(C)).

The prohibited list and the acidified-foods pathway were written into the statute. Paragraph (b)(1.5) lists the prohibited foods, and paragraph (b)(2) sets out the tested-recipe or food-safety-plan pathway for fermented and acidified foods.

The training requirement is a manager-level credential. Paragraph (b)(6) says a person preparing or packaging a cottage food product "must be a Department-approved certified food protection manager." The 2026 IDPH/Extension guide says a food handler card does not qualify, recommends an ANSI-accredited course of at least eight hours with a proctored exam, and says the certificate is renewed every five years.

Public Act 103-0903 (Senate Bill 2617) was signed August 9, 2024 and took effect January 1, 2025. It made these changes:

  • Mobile farmers markets were added as a direct-sale venue and defined as a farmers market operated from a vehicle or trailer that can change location, including one run by a third party selling on behalf of farmers or cottage food operations.
  • Counties without a local health department must enter an agreement with a local health department in an adjacent county to register cottage food operations in that county. This is a county obligation, not a choice for the operator.
  • Terminology and safety provisions were updated: "potentially hazardous" became "time/temperature control for safety," water activity was added to the definition of an acidified food, employees were defined, alcohol may be used in extracts or as an ingredient in baked goods that are not beverages, TCS foods must be held at the Department's holding temperatures, and a pH and water activity assessment may be used to show a product does not need temperature control.

The First 2025 General Revisory Act (Public Act 104-0417) later made technical corrections to the section without substantive change. None of these Acts added a revenue cap, allowed resale, or allowed out-of-state shipping.

The prohibited list: what you cannot make

Because Illinois lists what is prohibited, the right way to think about the food list is to start with what you cannot make.

From 410 ILCS 625/4(b)(1.5), the prohibitions are:

Prohibited category What the statute says Why (per the 2026 IDPH/Extension guide)
Meat, poultry, fish, seafood, or shellfish All of them, including foods containing them Source, storage, cooking, and holding hazards
Dairy Allowed only as an ingredient in a non-TCS baked good or candy (such as caramel) or in a baked-good frosting such as buttercream Storage and holding hazards; standalone cheese, butter, ghee, or yogurt is out
Eggs Allowed only as an ingredient in a non-TCS food (such as dry noodles) or in a baked-good frosting, and only if not raw Source, storage, and cooking hazards
Certain pies and pastries Pumpkin pies, sweet potato pies, cheesecakes, custard pies, creme pies, and pastries with TCS fillings or toppings High moisture and density support bacterial growth
Garlic in oil Garlic in oil or oil infused with garlic, unless the garlic oil is acidified Botulism risk
Low-acid canned foods Canned green beans, soups, and similar foods above pH 4.6 Botulism risk; water-bath canning is not enough
Sprouts All sprouts (microgreens are not sprouts) High foodborne illness rate
Cut leafy greens Unless dehydrated, acidified, or blanched and frozen (kale chips and frozen spinach are fine) Cut surfaces support pathogens
Tomato and melon Cut or pureed fresh tomato or melon, dehydrated tomato or melon, and frozen cut melon Salmonella outbreaks
Wild-harvested mushrooms Non-cultivated mushrooms, even if bought from a forager Misidentification risk; cultivated mushrooms are fine
Alcoholic beverages Beverages only; alcohol may be used in extracts or in baked goods that are not beverages Regulated by the Illinois Liquor Control Commission
Kombucha Prohibited outright Unique biological, chemical, physical, and allergenic hazards

Everything not on the prohibited list is a candidate. That includes some foods that need time/temperature control. Paragraph (b)(14) requires TCS foods to be maintained and transported at the Department's holding temperatures, and the 2026 guide says to store, transport, and sell them at or below 41°F. The guide gives examples such as fresh or frozen vegan soups, hummus, and bottled juices, and says a local health department should allow a pH or water activity test that shows a product does not need refrigeration. Frostings are allowed without raw eggs; the guide notes that many cream cheese or whipped cream frostings need to be kept cold unless testing shows they are shelf-stable.

A producer experimenting with a borderline product should treat the burden of proof as on them: either the product is clearly shelf-stable, or it goes through testing or the acidified-foods pathway, or it is kept at 41°F or below.

The acidified-foods pathway: how Illinois handles pickles and hot sauce

For sauce makers, picklers, and fermenters, the difference between a framework that excludes acidified foods and one that allows them with documentation is the difference between a viable home business and a commercial kitchen. Illinois allows them.

410 ILCS 625/4(b)(2) sets two pathways, and the Illinois Extension cottage food program (opens in new tab) publishes the supporting guidance:

Pathway A: a tested recipe. The operator submits a recipe tested by the United States Department of Agriculture or a cooperative extension system in any state. The 2026 guide says to follow the ingredient list and process exactly; substitutions or seasonal swaps invalidate the approved status.

Pathway B: a food safety plan plus a pH test. For their own recipes, operators submit a written food safety plan for each category of products made with the same procedures (the statute's examples are pickles, kimchi, and hot sauce) plus a pH test for one representative product. The plan follows guidelines from IDPH, is provided by the local health department, and includes a simplified hazard analysis. The pH result must show a final equilibrium pH of 4.6 or below.

Operational specifics, from the statute and the 2026 guide:

  • Process categories, not recipes. One plan and one pH test cover every recipe made with the same process. The guide's example: a producer making both an acidified hot sauce and a fermented hot sauce applies for two processes.
  • Renewal. The food safety plan is resubmitted annually at registration. Each pH test is submitted every three years.
  • Packaging. A canned acidified or fermented food must be processed in a boiling water bath in a Mason-style jar or a glass container with a tight-fitting lid. An uncanned one must be sold in a new, clean container that seals properly and must be stored, transported, and sold at or below 41°F ((b)(3)).
  • Canned tomatoes. Paragraph (b)(1.6) requires either following a tested recipe exactly, or having a commercial laboratory test the recipe for adequate acidification, using only the tomato varieties in the tested recipe, and providing the annual test results at registration and on request.
  • Garlic in oil. Prohibited unless the garlic oil is acidified.
  • Kombucha. Prohibited, regardless of pH.

The cost of compliance is modest. The 2026 guide says a laboratory pH test generally costs between $15 and $40, and it lists testing laboratories. The deep dive on acidified-foods compliance at commercial scale, including the FDA rules that apply once a product leaves cottage food, is in the hot sauce compliance guide.

Where you can sell, channel by channel

410 ILCS 625/4(b)(11) says sales directly to consumers "include, but are not limited to" the channels below. Each is direct: the operator transfers the product to the end consumer with no reseller in between.

  • Farmers markets. No limit on how many markets an operator attends.
  • Mobile farmers markets. Added by PA 103-0903: a farmers market operated from a vehicle or trailer that can change location.
  • Fairs, festivals, and public events.
  • Online. Orders taken online, delivered or picked up within Illinois. The 2026 guide says Etsy is allowed for sales within Illinois, with the point-of-sale notice on the shop page.
  • Pickup from the operator's home or farm, unless a local law that applies equally to all cottage food operations prohibits it.
  • Delivery to the customer.
  • Pickup from third-party private property with the property owner's consent, such as a private parking lot.
  • In-state shipping of foods that are not TCS foods, each sealed so tampering is visible ((b)(12)).

The 2026 guide also says pop-ups in a retail space or a licensed facility (a bakery, coffee shop, or food truck) and rented space in a craft mall are allowed only with the owner's consent and with the operator or an employee physically present for every sale, and with clear signage separating cottage food from the host business. Vending machines are not allowed.

What is not authorized:

  • Retail stores. Grocery stores, coffee shops, boutiques, gift shops. Excluded.
  • Restaurants. Including sales of a product the restaurant uses as an ingredient, which the guide treats as resale.
  • Wholesale distributors and brokers. Excluded.
  • Consignment or leaving products for someone else to sell. Excluded.
  • CSA resale through a farmer. Excluded as resale.
  • Out-of-state shipping. "A cottage food product shall not be shipped out of State." Online stores should restrict shipping destinations to Illinois.

Illinois cottage food is one of the most channel-restricted no-cap frameworks in the country. A producer whose business model depends on retail placement or wholesale distribution should plan for a licensed commercial operation from day one.

What an Illinois cottage food label looks like, element by element

The label rule is the part of the framework where small mistakes cause large compliance problems. Here is every required element from 410 ILCS 625/4(b)(7), plus what the 2026 IDPH/Extension Cottage Food Guide adds.

The required elements:

  1. Operation name and location — The name of the cottage food operation and the unit of local government (city or county) in which it is located ((b)(7)(A)). A full street address is not required.

  2. Registration number and where it was filed — The identifying registration number on the local health department's certificate of registration, plus the name of the municipality or county where the registration was filed ((b)(7)(B)). The guide's sample label shows this as "Registration #: 1234 Peoria County."

  3. Product name — The common or usual name of the food (e.g., "Strawberry Jam," not just "Jam").

  4. Ingredient list — All ingredients, including any color, artificial flavor, and preservative, in descending order of predominance by weight, by their common or usual names ((b)(7)(D)). The 2026 guide says federal labeling rules require listing the sub-ingredients of prepared ingredients such as chocolate chips.

  5. The label statement, in prominent lettering — The exact text ((b)(7)(E)): "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." Both sentences are required. The statute sets no point size; the guide says the statement must be legible and on the packaging.

  6. Processing date — The date the product was processed ((b)(7)(F)). The guide calls for the full month, day, and year. A batch code can be added for your own records, but it does not replace the date.

  7. Allergen labeling — Allergen labeling as specified in federal requirements ((b)(7)(G)): milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame, declared either in the ingredient list or in a "Contains:" statement.

  8. Net weight — Listed on the 2026 guide's label checklist. Packaging must also conform with the labeling requirements of the Illinois Food, Drug and Cosmetic Act ((b)(7)).

The point-of-sale notice. Separately from the label, paragraph (b)(10) requires a notice in a prominent location at the point of sale: "This product was produced in a home kitchen not inspected by a health department that may also process common food allergens." At a physical display it must be a placard, and the guide says at least 8 inches by 10 inches. Online, it must be a message in the operation's online sales interface at the point of sale.

Unpackaged products. Cottage food must be prepackaged. For a product that is difficult to label or package, such as a wedding cake or donuts sold from a bin, the local health department where the product is sold may allow unpackaged sales with other prominent written notice to the buyer ((b)(9)). The guide says to request that exception from each county where you sell.

A practical compliance pattern: design the label template once with every element in place, keep a master file with one sample of each label version, and print the processing date on every batch. The local health department reviews a sample label for each product category at registration, and the guide says incorrect labels mean submitting new ones.

How Ardent Seller helps with the Illinois label

Ardent Seller assembles this label. Pick a finished product, choose Illinois, and the cottage food label generator pulls together the full two-sentence label statement exactly as 410 ILCS 625/4(b)(7)(E) words it, plus your operation name, the local-health-department registration number, the product name, the ingredient statement in descending order by weight with sub-ingredients in parentheses, the federal "Contains:" allergen line, net weight, and the processing date from a completed production run. A validation checklist shows every element Illinois requires and blocks printing while a required one is missing, and it reminds you about the separate point-of-sale placard. Output is a PDF sheet (Avery 5163, 4″×6″, or full page) or a direct print.

Generate your Illinois cottage food label with Ardent Seller free — the label generator is included on every plan, including the free tier.

How registration actually works

Registration is administered by the local health department. The mechanics, from the statute and the 2026 guide:

Where. Register with the local health department for the unit of local government where the operation is located; the guide says the county where you reside. Once registered, you may sell in any county. The guide advises carrying the certificate of registration and notifying the health department in other counties where you sell, as a courtesy.

Fee. Registration is annual and the fee may not exceed $50 ((c)). The guide says local health departments charge between $0 and $50, and that approval can take up to six weeks.

Checklist. The guide's registration checklist: a Certified Food Protection Manager certificate, a list of the products you intend to make, a product label for each category, water test results if you use a private well, the fee, and, for acidified or fermented foods, a tested recipe or a food safety plan with a representative pH test.

CFPM certification. Every person who prepares or packages the food, including employees, must hold a Certified Food Protection Manager certificate before registration is approved. Employees who only handle sales or marketing do not. The guide says to look for an ANSI-accredited course of at least eight hours with a proctored exam, that the course and exam typically cost $100 to $300, and that the certificate is renewed every five years. A food handler card does not qualify.

One kitchen. The guide says a registration number covers one kitchen, which must be in the operator's primary residence or an appropriately equipped kitchen on a farm. Cottage food may not be made in a licensed commercial kitchen.

Counties without a health department. Under PA 103-0903, a county with no local health department must contract with a health department in an adjacent county to register cottage food operations. Operators in those counties register with the health department named in that agreement.

Inspection. No pre-operational or routine inspection. If there is a consumer complaint, a foodborne illness outbreak, or reason to believe a product is misbranded, adulterated, or out of compliance, the Department or local health department may inspect, charge a reasonable inspection fee, and stop sales until the problem is fixed ((d)).

Renewal. Each year, the operator renews the registration, resubmits food safety plans for acidified or fermented categories, and keeps pH tests within their three-year window (annual testing for canned tomato products made from an untested recipe).

Common mistakes Illinois cottage food sellers make

Patterns repeat across producers, especially in the first twelve months. The most frequent gaps:

  1. Believing a summary that describes a revenue cap. The $36,000 cap was repealed effective January 1, 2018. 410 ILCS 625/4 as currently in force has no cap. Trust the statute and the IDPH/Extension guide over secondary sources.

  2. Pitching a grocery store, gift shop, or restaurant. Sales for resale are excluded, including a restaurant using your product as an ingredient. Decline, and point the buyer to the channels that are authorized: an online store with in-state delivery, a farmers market schedule, an event calendar.

  3. Shipping to a customer in Wisconsin or Indiana. Out-of-state shipping is prohibited regardless of how shelf-stable the product is. Online platforms that automatically offer shipping to any U.S. address are a common trap; restrict shipping destinations to Illinois.

  4. Printing only half the label statement. 410 ILCS 625/4(b)(7)(E) requires both sentences: "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." Shortened versions such as "Made in a home kitchen not regulated by the state" or the first sentence alone are not compliant.

  5. Skipping the point-of-sale notice. The placard (or online checkout message) is a separate requirement from the label ((b)(10)).

  6. Assuming every baked good is fine. Pumpkin pies, sweet potato pies, cheesecakes, custard and creme pies, and pastries with TCS fillings are prohibited by name. Dairy and eggs are allowed only as ingredients in the ways the statute describes.

  7. Making kombucha or dehydrated tomatoes. Both are on the prohibited list, along with cut or pureed fresh tomato or melon and frozen cut melon.

  8. Getting a food handler card instead of a CFPM. The guide is explicit that food handler training is not valid for cottage food operators. Everyone who prepares or packages the food needs the Certified Food Protection Manager certificate.

  9. Submitting an acidified-foods registration without the pH test. Unless you use a tested recipe exactly, the food safety plan must be accompanied by a pH test for a representative product, renewed every three years.

  10. Treating the cottage food exemption as a tax exemption. Cottage food is a food-safety carve-out, not a tax classification. Sales tax obligations on food sold at events and online depend on state and local rules; check with the Illinois Department of Revenue (opens in new tab) or a tax professional.

A simple records system for an Illinois complaint inspection

Inspection authority under 410 ILCS 625/4(d) is reactive: the local health department investigates a consumer complaint, a report of foodborne illness, or a suspected violation. A producer with a few records ready can answer most questions quickly.

File Contents Suggested retention
Label master file One sample of every active and historical label version, dated for the run period At least 3 years past last sale
Recipe master file Current recipe for each product, with ingredient sources noted Indefinitely; update on revisions
Food safety plans (acidified/fermented) One plan per process category, as submitted at registration Indefinitely while category is active
pH test results Most recent laboratory pH test for each process category, plus annual canned-tomato tests if applicable Most recent test plus prior cycle
CFPM certificates Current certificate for every person who prepares or packages food Until next renewal
Ingredient sourcing records Supplier name, purchase date, lot number where available (especially for allergens and cultivated mushrooms) At least 2 years past shelf life
Sales log by channel Home pickup, farmers market, mobile farmers market, online (in-state), in-state shipping At least 3 years
Registration documents Current certificate of registration and fee receipts Current registration plus one prior year
Temperature logs For TCS and uncanned acidified or fermented products held at 41°F or below While the product is sold
Customer complaints Date, customer, product, complaint, resolution Indefinitely

A spreadsheet handles most of this, but the chain that compounds over time is recipe → ingredient lot → batch → processing date → label → sales channel → customer. A connected system that answers "which batch did this customer's jar come from, what went into it, and what was on the label?" is the operational backbone of cottage food at scale.

This is where Ardent Seller fits for Illinois cottage food producers: ingredient lots flow into recipes, recipes into finished items with the statutory label statement, and finished items into sales separated by farmers market, mobile farmers market, online, and in-state shipping channels. Recipe and label tools are in the free tier; per-channel sales tracking and audit trail sit on the paid plans. See features or pricing for the full picture.

When to leave cottage food (and where to go)

Illinois has no revenue cap, so the trigger to leave is not a dollar number. It is the product, the channel, or the geography:

  • The channel is off the list. A grocery buyer, distributor, or restaurant wants the product. That requires a licensed operation. Contact your local health department about the license that fits, plus FDA Food Facility Registration if the product will cross state lines.

  • The geography is off the list. Customers in Iowa, Wisconsin, Indiana, Missouri, or Kentucky want shipments. Cottage food products cannot be shipped out of state, and the guide notes that products crossing state lines are subject to federal rules.

  • The product is off the list. A producer wants to make cheesecake, a meat pie, kombucha, or a fresh cheese. The guide says any prohibited food may still be sold if it is made under the regular commercial food rules, such as in a licensed commercial kitchen.

  • The kitchen capacity fails. Demand outruns one residential kitchen. Shared-use commercial kitchens are a common next step, but food made there is no longer cottage food and needs a license.

Producers who manage this transition cleanly tend to be the ones whose cottage food records were already in shape: they know cost per unit, batch yields, per-channel revenue, and allergen profile before the move.

Where the existing data sources get Illinois wrong

A final note on the reference landscape, because stale details cost producers time and money.

Earlier versions of the Ardent Seller dataset behind /cottage-food/illinois described Illinois with a $50,000 cap and retail sales as authorized; both were corrected in May 2026. A September 2026 review against the statute found further errors in this guide, the reference page, and the label generator: the label statement was missing its second clause and second sentence, the prohibited list omitted kombucha, pumpkin and sweet potato pies, and several tomato and melon items, the cap repeal was attributed to the wrong Act, and the 2024 amendment was given the wrong effective date. All three surfaces now follow 410 ILCS 625/4 as amended through Public Act 103-0903.

When you compare sources, watch for the same four problems in third-party summaries: a revenue cap (repealed in 2018), retail or wholesale sales described as allowed (they are not), interstate shipping described as allowed (it is not), and a shortened label statement. When a secondary source disagrees with the statute, the statute controls.

Primary sources to bookmark

Verify any state-specific fact, label requirement, or sales rule against the statute or the IDPH/Extension guide before relying on it for a business decision.

Where the framework actually leaves the producer

Illinois is one of the most internally consistent cottage food frameworks in the country: no cap, direct-only, a prohibited list, an acidified-foods pathway, in-state-only shipping, and local registration with a manager-level food safety credential. A producer who reads 410 ILCS 625/4, prints the full label statement, posts the point-of-sale notice, stays off the prohibited list, runs acidified or fermented products through the recipe-or-pH pathway, and keeps per-channel sales records is operating under a framework with no revenue ceiling at all — and none of the wholesale openings that define Ohio, Pennsylvania, or Georgia either.

The catches sit in three places. The retail and wholesale exclusion is strict, so a business model that needs grocery placement or restaurant sales should plan the commercial upgrade from day one. The out-of-state shipping ban is firm, so online stores have to ship only within Illinois. And the label has two separate statement requirements, one on the package and one at the point of sale.

The short version, again. No revenue cap. Direct-to-consumer only: no stores, no restaurants, no wholesale, no out-of-state shipping. In-state shipping only for foods that do not need temperature control. Local health department registration up to $50 a year, a Certified Food Protection Manager for everyone who prepares or packages food, and food safety plans or tested recipes for acidified and fermented categories. The prohibited list is what you cannot make, and it includes kombucha. Print both sentences of the label statement and post the point-of-sale notice. Read 410 ILCS 625/4 before you trust anything else.

Start your Illinois cottage food operation with Ardent Seller free and keep recipes, ingredient lots, batch records and processing dates, label artwork with the statutory statement, food safety plans, pH test results, and per-channel sales — home pickup, farmers market, mobile farmers market, online, in-state shipping — in one connected place. The cap is gone; the records a health department and a buyer ask for are not.

  • Illinois cottage food law — quick reference — The structured one-page summary of the Illinois framework, prohibited foods, label rule, acidified-foods pathway, and registration mechanics covered in this guide.
  • Pennsylvania Cottage Food Law — The closest peer on acidified foods (Pennsylvania also allows them with pH testing) and a useful contrast on wholesale (Pennsylvania allows it; Illinois does not).
  • Ohio Cottage Food Law — Another no-cap state, but with wholesale authorized and an enumerated allowed-foods list.
  • New York Cottage Food Law — Another no-cap framework, built on a Home Processor Registration that allows wholesale within New York.
  • Missouri Cottage Food Law — The neighbor across the river, with a very different structure. Worth reading if you sell at markets on both sides of the state line.
  • Hot Sauce Compliance, pH Testing, and Acidified Foods — The deep dive on FDA acidified-foods rules, for Illinois producers running the recipe-and-pH-test pathway who want to understand the commercial upgrade path.
  • Cottage Baker's Glossary — A 32-term glossary covering CFPM, water activity, pH, scheduled process, approved source, food handler, allergen statement, and the rest of the vocabulary that shows up around cottage food rules.

Free resources

A few free downloads from the Ardent Workshop library that pair well with this post:

  • Cottage Food Laws by State: The 50-State + DC Quick Reference — A reference with revenue caps, sales venues, registration rules, and the most common restrictions for every state. Use it to see how Illinois's no-cap, direct-only, prohibited-list framework compares with neighboring states such as Iowa, Wisconsin, Indiana, Missouri, and Kentucky.
  • Cottage Food Revenue Cap Tracker — A spreadsheet for tracking monthly cottage food revenue against your state's cap. Illinois has no cap, but the tracker still works for producers planning to expand into capped states or modeling a commercial upgrade.
  • Home Baker's Order & Delivery Tracker — A spreadsheet for tracking custom orders, delivery windows, and per-channel revenue, useful in Illinois where home pickup, farmers markets, online orders, delivery, and in-state shipping are all direct channels.

Sources & methodology

Illinois statute and agency guidance:

Comparison-state references (table cells reflect the Ardent Seller state reference data as of September 2026):

Federal:

Note on data freshness: This guide reflects 410 ILCS 625/4 as amended through Public Act 103-0903 (effective January 1, 2025) and the First 2025 General Revisory Act, checked against the statute text and the 2026 IDPH/Extension Cottage Food Guide on September 15, 2026. No 2026 Public Act amending the section was found. Producer scenarios in this guide are illustrative, not real businesses. Where a secondary source conflicts with the statute, the statute controls.


This article is provided for educational purposes only and does not constitute legal, regulatory, food-safety, or tax advice. Illinois cottage food law — food categories, label rules, registration mechanics, the acidified-foods pathway, direct-sale channels, in-state-only shipping rules, and federal interstate-commerce rules — varies by jurisdiction and product and changes with new legislation, departmental guidance, or local health department administration. Consult the Illinois Department of Public Health, your local health department, the Illinois Department of Revenue, a qualified food regulatory consultant, or an attorney before making compliance, financial, or production decisions based on this content.

Frequently asked questions

No. Illinois repealed its cottage food revenue cap years ago: Public Act 100-0035 struck the $36,000 annual gross receipts limit effective January 1, 2018, and the Home-to-Market Act (Public Act 102-0633, effective January 1, 2022) rewrote the rest of the framework without adding a new one. 410 ILCS 625/4 as currently in force sets no sales ceiling. Summaries that still quote a cap are out of date.

No. 410 ILCS 625/4(b)(11) requires that cottage food be "sold directly to consumers for their own consumption and not for resale." The 2026 IDPH/Extension Cottage Food Guide says cottage foods cannot be sold wholesale to a coffee shop, grocery, boutique, or other retail store, or to a restaurant to use as an ingredient. A pop-up inside a retail space or licensed facility is allowed only with the property owner's consent and with the operator or an employee present for each sale. Selling through stores or restaurants requires a licensed commercial operation.

No. 410 ILCS 625/4(b)(12) says a cottage food product "shall not be shipped out of State." Within Illinois, only foods that are not time/temperature control for safety (TCS) foods may be shipped, and each shipped product must be sealed in a way that reveals tampering, such as a sticker or pop top. The 2026 IDPH/Extension guide adds that online platforms such as Etsy are allowed only for sales within Illinois.

Register annually with the local health department where the operation is located. The fee may not exceed $50, and the 2026 IDPH/Extension guide says departments charge between $0 and $50. Every person who prepares or packages the food must be a Department-approved Certified Food Protection Manager (CFPM); the guide says a food handler card is not valid, describes the CFPM as an ANSI-accredited course of about eight hours with a proctored exam, typically $100 to $300, and says it is renewed every five years. The registration checklist also includes a product list, a label for each product category, water test results for a private well, and, for acidified or fermented foods, a tested recipe or a food safety plan with a pH test. There is no routine inspection.

Illinois lists what you cannot make, and foods not on the list may be sold. 410 ILCS 625/4(b)(1.5) prohibits meat, poultry, fish, seafood, or shellfish; dairy, except as an ingredient in a non-TCS baked good or candy or in a baked-good frosting; eggs, except as a non-raw ingredient in a non-TCS food or frosting; pumpkin pies, sweet potato pies, cheesecakes, custard pies, creme pies, and pastries with TCS fillings or toppings; unacidified garlic in oil; low-acid canned foods; 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; alcoholic beverages; and kombucha. Foods that need time/temperature control must be held at the required holding temperatures.

Yes. Under 410 ILCS 625/4(b)(2), the operator either submits a recipe tested by USDA or a cooperative extension, or submits a written food safety plan for each category of products made with the same procedures plus a pH test for one representative product. The plan is resubmitted annually at registration, and the pH test every 3 years. Canned acidified or fermented foods must be processed in a boiling water bath in a Mason-style jar or glass container with a tight-fitting lid; uncanned ones must be stored, transported, and sold at or below 41°F. Canned tomato products need an exactly followed tested recipe or a commercial laboratory acidification test with annual results. Kombucha is prohibited.

Under 410 ILCS 625/4(b)(7): the name of the cottage food operation and the unit of local government where it is located; the registration number and the municipality or county where the registration was filed; the common name of the product; all ingredients in descending order by weight; the date the product was processed; federal allergen labeling; and, in prominent lettering, "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." The 2026 IDPH/Extension guide also lists net weight. Separately, a placard at the display or a message in the online checkout must carry the shorter point-of-sale notice.

Senate Bill 2617 was signed August 9, 2024 and took effect January 1, 2025. It added mobile farmers markets as a direct-sale venue; required a county without a local health department to contract with an adjacent county's health department to register cottage food operations; replaced "potentially hazardous" with "time/temperature control for safety" terminology; added water activity to the definition of an acidified food; defined employees; allowed alcohol in extracts and as an ingredient in baked goods that are not beverages; and required TCS foods to be held at the Department's holding temperatures. It did not add a revenue cap or change the direct-to-consumer or in-state-only rules.