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Illinois Home Kitchen Operation

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.

Selling

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.

Allowed Foods

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations

Limitations
Sales are limited to $1,000 per month

Labeling

Sample Label

Chocolate Chip Cookies

This product was produced in a home kitchen



Contains: milk, eggs, wheat, soy


Resources

Law Dates
June 2014
HB 5354
January 2016
HB 2486
This page was last updated on

Comments

If I add an actual commercial grade kitchen in my home; can I be licensed by the state health dept. and not be bound by the limitations for the cottage food law or home kitchen operation? I’d like to purchase a home and not be limited on where I can purchase.

HELLO, I HAVE A QUESTION…I HAVE PEOPLE ASKING ME TO FIES CHICKEN DRESSING ALL THE TIME…HOW DO I GO BY DOING FROM MY HOME

THANK YOU
ROSIE

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