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Food Freedom (no cap) Last reviewed 2026-09-15

2026 reference

Illinois Cottage Food Law

Illinois's cottage food law sets no statewide revenue cap and producers must register with the state before the first sale. Directly to consumers for their own consumption and not for resale (410 ILCS 625/4(b)(11)): farmers markets, mobile farmers markets (added by PA 103-0903), fairs, festivals, public events, online, pickup from the operator's home or farm (subject to local laws that apply equally to all cottage food operations), delivery to the customer, and pickup from third-party private property with the owner's consent. Only foods that are not time/temperature control for safety (TCS) foods may be shipped, never out of state, and each shipped product must be sealed in a tamper-evident way ((b)(12)). Sales to retail stores or restaurants, wholesale, and consignment are not permitted.

Watch for: Illinois has no revenue cap (the $36,000 cap was repealed by Public Act 100-0035, effective January 1, 2018), but it is one of the most channel-restricted no-cap frameworks: no sales to stores or restaurants, no wholesale, no consignment, and no out-of-state shipping. The statute lists prohibited foods instead of allowed ones, and the list includes easy-to-miss items: kombucha, pumpkin and sweet potato pies, cut or pureed fresh tomato or melon, and dehydrated tomato or melon. The label statement is long and statutory, and a separate point-of-sale notice (a placard, or a message in the online checkout) is also required.

Key facts

Annual revenue cap
No cap
Permit / registration
Registration required
Kitchen inspection
Not required
Food handler training
Required
Acidified foods
Permitted (pH test)
Interstate shipping
In-state only
Deep dive

Read the full Illinois cottage food law guide

Editorial guide with statute citations, special-program details, label requirements, and complete FAQ coverage.

Where you can sell

Directly to consumers for their own consumption and not for resale (410 ILCS 625/4(b)(11)): farmers markets, mobile farmers markets (added by PA 103-0903), fairs, festivals, public events, online, pickup from the operator's home or farm (subject to local laws that apply equally to all cottage food operations), delivery to the customer, and pickup from third-party private property with the owner's consent. Only foods that are not time/temperature control for safety (TCS) foods may be shipped, never out of state, and each shipped product must be sealed in a tamper-evident way ((b)(12)). Sales to retail stores or restaurants, wholesale, and consignment are not permitted.

  • Direct (in-person)
  • Farmers markets
  • Online (in-state)
  • In-state mail
  • Online order, in-person pickup

What's required before your first sale

Annual registration with the local health department where the operation is located; the fee may not exceed $50 (410 ILCS 625/4(c)), and the 2026 IDPH/Extension Cottage Food Guide says departments charge $0 to $50. Every person who prepares or packages the food must be a Department-approved Certified Food Protection Manager (CFPM) ((b)(6)); the guide says a food handler card does not qualify and the CFPM is renewed every five years. No routine or pre-operational inspection: the Department or local health department may inspect after a complaint, an outbreak, or a suspected violation ((d)). A county with no local health department must contract with an adjacent county's health department to register operations (PA 103-0903, effective January 1, 2025).

Allowed and excluded foods

Examples of permitted foods

Any food is allowed except those listed under “Excluded” →

  • baked goods that are not TCS foods (breads, cookies, cakes, fruit pies), with dairy and cooked eggs as ingredients
  • frostings and icings such as buttercream (no raw or pasteurized raw eggs)
  • candies and confections, including caramel made with dairy
  • jams, jellies, and preserves
  • acidified and fermented foods such as pickles, salsa, hot sauce, sauerkraut, and kimchi, with a tested recipe or a food safety plan and pH test
  • canned tomato products made from an exactly followed tested recipe or with a commercial laboratory acidification test
  • dried herbs, spices, seasoning mixes, roasted coffee, and dry tea blends
  • granola, trail mixes, popcorn, dry mixes, and dry noodles
  • dried fruits and dehydrated vegetables, except dehydrated tomato or melon
  • cut leafy greens that are dehydrated, acidified, or blanched and frozen (for example, kale chips)
  • vinegars, salad dressings, and infused oils that contain no unacidified garlic
  • foods made with cultivated (not wild-harvested) mushrooms
  • other foods not on the prohibited list that need time/temperature control, held at or below 41°F (for example, bottled juices; the guide says a local health department may accept a pH or water activity test showing refrigeration is not needed)

Illustrative examples, not a complete list.

Excluded from cottage food

  • meat, poultry, fish, seafood, or shellfish
  • dairy, except as an ingredient in a non-TCS baked good or candy (such as caramel) or in a baked-good frosting such as buttercream
  • eggs, except as an ingredient in a non-TCS food (such as dry noodles) or in a baked-good frosting, and only if the eggs are not raw
  • pumpkin pies, sweet potato pies, cheesecakes, custard pies, creme pies, and pastries with TCS fillings or toppings
  • garlic in oil or oil infused with garlic, unless the garlic oil is acidified
  • 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, and frozen cut melon
  • wild-harvested, non-cultivated mushrooms
  • alcoholic beverages (alcohol may be used in extracts or as an ingredient in baked goods that are not beverages)
  • kombucha

Label requirements

  • Name of the cottage food operation and the unit of local government (city or county) in which it is located (410 ILCS 625/4(b)(7)(A))
  • Registration number from the local health department's certificate of registration, plus the name of the municipality or county where the registration was filed ((b)(7)(B))
  • Common or usual name of the product
  • All ingredients, including any color, artificial flavor, and preservative, in descending order of predominance by weight, by common or usual name; the 2026 IDPH/Extension guide says sub-ingredients of prepared ingredients must be listed
  • The statement "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 (the statute sets no point size; the guide says it must be legible and on the packaging)
  • The date the product was processed (the guide calls for the full month/day/year)
  • Allergen labeling as required by federal law: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, sesame
  • Net weight (listed in the 2026 IDPH/Extension guide; packaging must conform with the Illinois Food, Drug and Cosmetic Act)
  • Point-of-sale notice, separate from the label: "This product was produced in a home kitchen not inspected by a health department that may also process common food allergens." on a placard at a physical display (the guide says at least 8 x 10 inches) or as a message in the online checkout ((b)(10))
  • Products must be prepackaged; for a product that is difficult to label or package (for example, a wedding cake), the local health department where it is sold may allow unpackaged sale with other prominent written notice to the purchaser ((b)(9))
How Ardent Seller helps

Generate your Illinois disclosure label in one click

Ardent Seller assembles a print-ready cottage food label for Illinois from data you already track — the state's required disclosure statement rendered verbatim (and sized to meet the state's minimum type size where one applies), your operator info, ingredients in descending order by weight, the federal "Contains:" allergen line, net weight, and lot code. A validation checklist flags anything Illinois requires that's missing before you print. Included on every plan.

Adjacent programs

Local Health Department Registration

$50/year

Annual registration with the local health department for the unit of local government where the operation is located; once registered, the operation may sell anywhere in Illinois (410 ILCS 625/4(b)(1.3)). The fee may not exceed $50 ((c)). The 2026 IDPH/Extension Cottage Food Guide registration checklist: a Certified Food Protection Manager certificate, a list of products, a product label for each category, water test results for a private well, the fee, and, for acidified or fermented foods, a tested recipe or a food safety plan with a representative pH test. The registration number is specific to one kitchen, which must be in the operator's primary residence or on the farm. A county with no local health department must contract with an adjacent county's health department to register operations (PA 103-0903).

Acidified and Fermented Foods Pathway

Under 410 ILCS 625/4(b)(2), an operator selling a fermented or acidified food 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 (such as pickles, kimchi, or hot sauce) 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 kept in new, clean, properly sealing containers and stored, transported, and sold at or below 41°F ((b)(3)). Canned tomato products need an exactly followed tested recipe or a commercial laboratory acidification test, with annual test results ((b)(1.6)). Kombucha is prohibited.

Frequently asked questions

Does Illinois have a revenue cap on cottage food sales?

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.

Can Illinois cottage food operators sell to grocery stores or restaurants?

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.

Can I ship Illinois cottage food to customers in other states?

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.

What does Illinois require to register a cottage food operation?

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.

What foods can I make under Illinois cottage food law?

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.

Are acidified and fermented foods like pickles, salsa, and hot sauce allowed?

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.

What has to appear on an Illinois cottage food label?

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.

What did the 2024 amendment (Public Act 103-0903) change?

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.

Sources

Reference content only — not legal advice. State laws change frequently. Verify against the official source before launching.

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