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Cottage food rules

Cottage Food Laws in Cook County, Illinois

Know what Illinois law calls a cottage food operation, and who to ask before you sell your first bake.

On this page
  1. What the state definition actually covers
  2. Who registers your kitchen in Cook County
  3. What to ask before you take an order
Hands kneading dough on a floured kitchen counter
What you can sell from home, and the licenses and labels to check.

What to remember

  • Illinois law defines a cottage food operation as making or packaging non potentially hazardous food in the kitchen of your own home, for direct sale.
  • If a county does not have a local health department, the county must arrange with a health department in an adjacent county to register cottage food operations there.
  • The health department where a cottage food operation registers can act on complaints, inspections, fees, and penalties.
  • Ask your local health department who registers cottage food operations in your county before you take a paid order.

It helps to read the state rules first, because they set the words everyone else uses. Our guide to cottage food law requirements by state is a calm place to start if this is your first season selling from home.

What the state definition actually covers

The Illinois definition is narrow on purpose. A cottage food operation is a person who produces or packages non potentially hazardous food in the kitchen of that person’s primary domestic residence, and sells it directly. Two things sit inside that sentence: the food has to be non potentially hazardous, and the kitchen has to be the one in your own home. If either one does not fit what you are baking, the state definition is not describing you.

If you are not sure how your county fits into the wider picture, our walkthrough on how to check your state’s cottage food laws shows the order to look things up so you are not chasing five answers at once.

Who registers your kitchen in Cook County

This is the part home bakers most often miss. Under 410 ILCS 625/4, if a county does not have a local health department, that county must enter into an agreement or contract with a local health department in an adjacent county to register cottage food operations in that county. So registration is not always handled by the department you would guess from the county name on your address.

Illinois bill SB 3544 adds that the adjacent local health department where a cottage food operation registers has the power to take specified actions about complaints, inspections, fees, and penalties. In plain terms, the department that registers you is the one you deal with when a question comes up. That is worth knowing before a customer complaint lands in your inbox.

What to ask before you take an order

  1. Start with the state definition

    Read the Illinois wording on what a cottage food operation is, and check that your bakes and your home kitchen both fit it.

  2. Find your local health department

    Look up the health department that serves your address, and ask whether it handles cottage food registration or whether another county does.

  3. Ask who registers you

    Ask the direct question: who registers cottage food operations for my county. Write down the name of the person who tells you.

  4. Ask about complaints, inspections, fees, and penalties

    These are the areas the registering department can act on, so ask how each one works before you need to know.

  5. Write it all down

    Keep the date you called, who you spoke to, and what you were told, in the same place you keep your order records.

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Common questions

Does Cook County have its own cottage food law?

Illinois sets the cottage food definition in state law. The county level piece in the statute deals with which health department registers cottage food operations, so ask your local health department who registers yours.

Can I sell bakes from my home kitchen in Cook County?

Illinois law describes a cottage food operation as a person who produces or packages non potentially hazardous food in the kitchen of their primary domestic residence, for direct sale. Check with your local health department about registration before you take a paid order.

What counts as non potentially hazardous food?

That is the term Illinois law uses for the food a cottage food operation may produce or package. Ask your local health department which of your bakes fall inside it, so you are not guessing.

What if my county has no local health department?

Under 410 ILCS 625/4, the county must enter into an agreement or contract with a local health department in an adjacent county to register cottage food operations in that county.

Who handles a complaint about my bakes?

The adjacent local health department where a cottage food operation registers has the power to take specified actions about complaints, inspections, fees, and penalties.

Sources

  1. Illinois Public Act 097-0393, cottage food operation definition
  2. 410 ILCS 625/4, registration where a county has no local health department
  3. Illinois SB 3544, powers of the registering adjacent health department

This is general information, not legal advice. Cottage food rules can change, so confirm the details with your local health department before you sell.

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