Illinois passed an amendment to their previous law, which is for “home kitchen operations” (PA 098-0643 aka HB 5354). This specialized law is only for bakers, and unfortunately, it is not available in many counties across the state.
Before anyone can use this law, their county must create an ordinance to allow it, but ordinances can take awhile to get initiated and passed. This requirement also makes it easy for counties to prevent the law from taking effect in their area. Many health departments have little or no incentive to take the effort to make this law available in their area, so many people cannot use it.
If a county does allow home kitchen operations, then all non-perishable baked goods can be made at home and sold directly to customers, either from home or elsewhere. Unlike any other cottage food law, sales are limited to $1,000 per month (rather than on a yearly basis). No registration or permit from the health dept is required, but other local permits may still be required.
The older law (still in effect) is for “cottage food operations“, which may sell up to $36,000 of products at farmers markets. It’s technically possible to use both laws to sell up to $48,000 of goods per year.
This law was started in direct response to 11-year-old Chloe Stirling getting shut down. In this way, it is similar to California’s law, which also got started after someone got shut down by the health dept. It only took a few months to pass this law, whereas it took about two years to pass California’s. However, this amendment to Illinois’ law is far more limiting than California’s.
Your products may only be sold in counties that have an ordinance allowing homemade food sales under this law.
It would probably be better to use the older law for your farmers market sales, so that you can sell up to $36,000 of goods there. That way, this law’s $1,000 per month sales limit would only apply to your sales elsewhere.
Chocolate Chip Cookies
This product was produced in a home kitchen
Contains: milk, eggs, wheat, soy