Cottage food rules
Cottage Food Laws Chicago: What Home Bakers Can Sell
A plain look at the Chicago and Illinois rules, so you know who you can sell your bakes to.
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What to remember
- Illinois defines a cottage food operation as food made in the kitchen of your main home, for direct sale.
- Chicago has its own cottage food law, with big changes from January 1, 2022.
- Sell to the person who eats it, not for resale.
- Restaurants, grocery stores, and bakeries are not allowed buyers.
- Your local health department can ask for a recipe to be tested at a commercial lab, at your cost.
If you bake from your kitchen in Chicago and sell to neighbors, this is the set of rules that covers you. Start with what cottage food restrictions mean in practice so you know where the edges are, then come back here for the Chicago detail.
What counts as a cottage food operation in Illinois
Illinois law describes a cottage food operation as a person who produces or packages non potentially hazardous food in the kitchen of that person’s primary domestic residence, for direct sale. Two things in that sentence matter most for a baker. The food has to be the kind that does not need temperature control to stay safe. And the kitchen has to be the one in your main home, not a rented space or a friend’s kitchen.
Chicago has its own rules on top
Chicago does not simply follow the state wording and leave it there. The City of Chicago’s Cottage Food Operation law allows certain foods made in home kitchens to be sold directly to consumers with limited regulation, and major changes took effect on January 1, 2022. That means the city is the place to confirm what applies to your kitchen before you take your first paid order.
Who you can sell to
This is the part that catches bakers out. Food and drink produced by a cottage food operation has to be sold directly to consumers for their own consumption and not for resale. A neighbor buying a box of your cookies to eat at home is exactly the right kind of sale.
Recipes and testing
Under 410 ILCS 625/4, a local health department may require a cottage food operation to submit a recipe to a commercial laboratory, at the operator’s expense, to verify that it is not a time/temperature control food. In plain words, if there is doubt about whether your recipe is the sort that needs careful temperature control to stay safe, the recipe can be sent for testing, and you cover the cost.
Anything with a custard, a cream, or a buttercream that sits out is where home bakers usually start asking questions. Our guide to cottage food laws and buttercream walks through what to check before you sell it.
The words you use on your labels and in your listings matter too. Cottage food law wording covers what to copy and what to check before you print anything.
Before you take your first paid order, write down what you plan to sell, what is in each item, and where it will be made. Keep that list somewhere you can find it, because it is the first thing you will be asked about if a question comes up. Then confirm the current city requirements and ask your local health department about anything you are unsure of, especially recipes you are not certain about.
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Rules are one half of the job. The other half is knowing what each bake costs you, so the orders you take actually pay. Work out your costing before you set a price, keep your ingredient list tidy, and check the rules again whenever you add something new to your menu.
Common questions
Can I sell my bakes to a coffee shop in Chicago?
No. Sales by a Chicago cottage food operation to retail stores such as restaurants, grocery stores, or bakeries are not permitted under the direct to consumer rule. Your sales have to go to the person who will eat the food, not for resale.
What makes a food allowed under the Illinois cottage food definition?
Illinois describes a cottage food operation as a person who produces or packages non potentially hazardous food in the kitchen of that person's primary domestic residence, for direct sale. The food must be the kind that is not potentially hazardous, and the kitchen must be in your main home.
Can my recipe be sent for testing?
Yes. Under 410 ILCS 625/4, a local health department may require a cottage food operation to submit a recipe to a commercial laboratory, at the operator's expense, to verify that it is not a time/temperature control food.
When did the current Chicago rules start?
The City of Chicago's Cottage Food Operation law allows certain foods made in home kitchens to be sold directly to consumers with limited regulation, with major changes taking effect January 1, 2022.
How do I take orders if I can only sell direct?
Keep every sale between you and the person eating the bake. A shop of your own, with your own web address, lets customers order from you directly, which keeps you on the right side of the direct to consumer rule.
Sources
This is general information about cottage food rules, not legal advice. Requirements can change, so confirm the current rules with the City of Chicago and your local health department before you sell.