Kane County Health Department

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Cottage Food Frequently Asked Questions

Cottage foods are certain homemade foods prepared in a private home for direct sale to consumers. Illinois’ Cottage Food Law allows individuals to prepare and sell approved low-risk foods, such as baked goods, certain jams and jellies, and other non-potentially hazardous foods, subject to specific requirements. The FAQs below provide information about cottage food requirements, approved foods, labeling, sales, and food safety.​ Many questions can be answered by reading the Illinois Department of Public Health Cottage Food Guide. 



How much does the cottage food registration cost?

At this time, there is no fee for this annual registration. 

Do I have to be a farmer to apply for a cottage food registration?

No.

Can my kitchen be located in an outbuilding on my property, such as an unattached garage or shed?

If you are a farmer, yes. If you are not a farmer, then no. The law is written this way in order to prevent persons from turning outbuildings into storefronts. However, there is an allowance for farmers who often have farm property that is not located in the same parcel of land as their primary domestic residence.

Can I make or prepare products in a room other than my kitchen?

Products must be made or prepared in “an appropriately designed and equipped kitchen”. You are allowed to have multiple kitchens in your home but not to use, i.e. a spare bedroom as a makeshift kitchen if it is not appropriately designed and equipped. Contact your local health department for answers specific to your property.

Can I be a registered Cottage Food Operation and have a commercial kitchen license at the same time?

Yes, but this can become a complicated situation quickly. Products made for the Cottage Food Operation Registration do not fall under the same rules as those made under the Commercial Kitchen License and vice versa. It’s important to keep very clear records of products made for which business and ensure compliance with the correct set of regulations.

Is my charitable bake sale required to register as a Cottage Food Operation?

No, as long as your charitable organization is only selling non-potentially hazardous baked goods. The law says “(g) A person who produces or packages a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes is exempt from the requirements of this Section.”

My friend and I would like to register as a Cottage Food Operation and each use our own kitchen to make products under one business. Is that allowed?

No. A Cottage Food Registration number is specific to one home kitchen location. The law is clear that a Cottage Food Operator or their employees must use a kitchen in the Cottage Food Operator person’s primary residence or, for farms, in an appropriately designed building on the farm property. The Cottage Food Operator is one person, who may have additional employees or family members assist, and so there can only be one kitchen registered.

Will I be regularly inspected?

No. Unlike restaurants and retailers, your home kitchen will not be inspected by a local health department upon registration. However, a local health department may inspect your home kitchen if there is cause to believe your products are not safe or not in compliance with the law. See Inspections (Page 38 of Cottage Food Guide) for more information about inspections.

What’s the difference between a “registration” and a “license”?

Registration does not involve an inspection and generally refers to a simpler process. Licensure comes with inspections and a formal process with related costs. A commercial kitchen is a licensed operation.

What do I do if I want to add a product later in the year after I’ve already submitted my cottage food registration form?

Speak to your local health department. They will have a process to amend your registration that should be simple and straightforward. This process may vary from county to county. ​

How long will it take for my registration to be approved?

It can take up to six weeks, depending on the KCHD workload at the time of your application. Apply early to minimize this impact on your business.

Do I need to submit a label for every single item/product that I make?

A label is required for each product category listed on the registration form (not for every product that is being produced). If your labels are incorrect, you will be required to submit additional labels.

Is the certified food protection manager (CFPM) test hard?

The course is designed to prepare you for the test. If you follow the course, you should do fine on the test.

I’m under 18 years old-- can I take the CFPM test?

This is up to the company or instructor administering the course and exam. But generally allowed.

Are there resources to help me study for the test?

Yes. The company administering the course and test may have materials in advance to study, at their discretion. The course material is intended thoroughly to prepare you to take the exam as instructors are tracked on their pass/fail rates.

What happens if I don’t pass the test?

You may retest. Within the first 30 days, you may take the exam twice. If you don’t pass the exam on your second attempt, you must wait 60 days from your most recent attempt to attempt again. No more than four attempts are allowed within a 12-month period.

How much does the test cost? 

Pricing is set by the testing company but generally falls between $100-$300.

Can I take the test virtually?

Yes. Many ANSI approved companies offer virtual examination options.

How often do I have to renew my CFPM certification?

Every five years.
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I have young employee(s) who would struggle to pass the CFPM test. Are they required to take it if they are working under my direction?

Yes. However, it is possible to ask for accommodations or assistance taking the CFPM such as asking for a proctor to read questions aloud, etc.

Is there a limit to the number of employees I can have?

No.

Do my employees need to take the CFPM?

Maybe. Only employees that prepare or package food must have their CFPM.

Why do I need to refrigerate my fermented foods?

If your fermented food is not canned (processed in a boiling water bath in either a mason-style jar or a glass container with a tight-fitting lid), then they must be stored, transported and sold at 41 degrees F.
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Do I have to create a food safety plan for all my acidified and fermented foods?

You will need to create a food safety plan for each acidified or fermented food process you use. A process may cover several products with different recipes that follow the same pattern.

Do I have to create a food safety plan for every recipe?

No. You’ll need to create a food safety plan for every acidified or fermented process you use. A recipe has specific ingredients and instructions. A process covers specific instructions that can apply to several recipes.

If I’m following an approved recipe, can I make substitutions or swap in seasonal ingredients?

No. Approved recipes are very specific on the ingredients and have been extensively tested only for those ingredients. Substitutions or swaps invalidate the approved status as those ingredients can change the safety of the recipe.

I need help completing the food safety plan. Who can help me?

The University of Illinois Extension provides many resources on food safety. Contact the team at cottagefood@illinois.edu​

Can I use acidified garlic in my oil based salad dressing?

Yes, but only if your final product is acidified following the rules laid out in Acidified/Fermented Foods (Page 12 of Cottage Food Guide).

Is C. Botulinum actually dangerous? I don’t know anyone who’s ever gotten sick with it.

Absolutely, Yes. Unlike other food illnesses, C. Botulinum is rare but causes significantly more severe illness, usually involving paralysis and death. The state of Illinois has seen deaths from C. Botulinum within the last year. A business causing a C. Botulinum outbreak could potentially be sued related to the death of a consumer.

I want to sell mushroom growing kits. Are these regulated under Cottage Food Laws?

No, mushroom growing kits are not a food and not regulated by the cottage food law.
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I forage ingredients that are not mushrooms, are those allowed as ingredients in my cottage food products?

Yes, only wild foraged mushrooms are prohibited.

At what temperature must I store TCS foods?

At or under 41 degrees F.

At what temperature must I transport TCS foods?

At or under 41 degrees F.

Are there any requirements on the type of refrigeration or equipment that I must use to keep my products at 41 degrees or below?

No, as long as the equipment is clean, in good working order and keeps your products at 41 degrees F or below. A thermometer in the warmest location, and recorded temperature log of your equipment, can help establish products are at or under 41 degrees F. Failure to hold products at 41 degrees F may result in the destruction of products. Mechanical refrigeration is encouraged but not required.

Can I ship my products out of state?

No. Cottage Food Laws do not allow products to be shipped out of state. Additionally, products crossing state lines are considered interstate commerce and subject to Federal rules and regulations.

Can I sell across state lines?

Illinois’ Cottage Food Law only regulates sales within state lines. Products crossing state lines are considered interstate commerce and subject to Federal rules and regulations.

Can I sell from my home?

Yes, as long as you comply with local zoning regulations that are not inconsistent with state law. See Local Zoning and Regulations on page 32 of Cottage Food Guide.

Is there a sales cap on my earnings?

No! In previous versions of the bill there had been limits but those no longer apply.

Can I have a street cart and sell from public sidewalks?

Yes as this is a direct to customer sales outlet. Local municipalities may have additional regulation and permitting required to sell from a street cart or sidewalk stand. This is sometimes referred to as a “Peddler’s License”. Contact your local municipality for more information.

Can I sell my product to a bakery or grocery store to resell?

No. Cottage Food Laws specifically state “Food and drink produced by a Cottage Food Operation shall be sold directly to consumers for their own consumption and not for resale.”

Can I sell my product to a restaurant to use as an ingredient in their menu?

No. Cottage food laws specifically state “Food and drink produced by a Cottage Food Operation shall be sold directly to consumers for their own consumption and not for resale.” Use as an ingredient in an item that will be sold is considered resale.

Can I sell from a private parking lot?

Yes. With permission from the private property owner.

Can I sell my product to a farmer to resell to their customers through their CSA?

No. Cottage Food Laws specifically state “Food and drink produced by a Cottage Food Operation shall be sold directly to consumers for their own consumption and not for resale.”

Can I sell through Etsy?

Yes. However, sales may only happen within the state of Illinois. You are not allowed to ship or deliver out of state. Also, you must provide clear signage on your Etsy page to notify shoppers that your product was made in a home kitchen not inspected by a health department (see page 31 of Cottage Food Guide​).

Can I sell through online farmer’s markets?

Yes. Your products should be clearly identified according to Cottage Food signage and labeling requirements and it should be clear that the products are being sold by your business (See signage on page 31 of Cottage Food Guide). Sales may only happen within the state of Illinois. You are not allowed to ship or deliver out of state.

Can I rent a space and sell in a craft mall?

Yes. But you or your direct employee must be present handling direct sales to customers of your products for your business. You are not allowed to rent a space and leave products. You must be present for the sales transaction and you must follow proper signage and labeling requirements (see page 31 of Cottage Food Guide​).

Can I sell through a vending machine that I own, or that is owned by a third party?

No. Sales through vending machines are not in the spirit of direct-to-consumer sales.

Can I sell through a pop-up in a retail space?

Yes, with consent of the property owner, but you or your direct employee must be present handling direct sales to customers of your products for your business. You must be present for the sales transaction and you must follow proper signage and labeling requirements (see page 31 of Cottage Food Guide).

Can I sell through a pop-up in a grocery store?

No. Grocery stores have food establishment licenses that prevent them from carrying products from unapproved sources. As cottage foods are not inspected by health departments, they are considered an unapproved source.

If I use pre-made products like chocolate chips in my own product, do I need to list out all of the ingredients in the pre-made product?

Yes. Federal labeling requirements apply to Cottage Food Operators and these regulations require that all sub-ingredients be listed, largely due to allergen concerns. You are allowed to ask for an exception but must do so from the health department of each county where you will sell your products.

My product is difficult to individually package. What do I do?

Apply for an Exception. You are allowed to apply for an exception to the labeling/packaging requirements but must do so from the health department of each county where you will sell your products.

My product is very small and I can’t fit all of the information on the label. What do I do?

Apply for an Exception. You are allowed to apply for an Exception to the labeling/packaging requirements but must do so from the health department of each county where you will sell your products.

How large does the warning statement need to be?

It must be legible and on the main label.

Why do I need to put a warning label on my product? That doesn’t seem fair.

Cottage Food is intended to relax regulations for lower risk foods made by small producers to reduce the burden on small businesses. That balances the smaller potential impact (amount of people who could get sick) with the potentially higher chance of getting sick compared to commercial food operations. This risk is something Cottage Food Operators are required to provide notice of to consumers so those consumers can make an educated decision.

Can I add claims such as vegan, gluten-free, etc?

Yes, if those claims are factual, proven, and direct. For example, “vegan” is allowed because it can be verified by review of the ingredients. For example, “Makes you Healthier!” is not allowed because it cannot be verified without significant testing and is a vague statement. In general, health statements are regulated under additional federal guidelines and should not be on Cottage Food products unless those federal guidelines are met. Contact your local health department for additional information.


Do I need to submit a label for every single item/product that I make?

A label is required for each product category listed on the registration form (not for every product that is being produced). If your labels are incorrect, you will be required to submit additional labels. A breakdown of each category can be found on the cottage food application under: “Section 2: Product Categories & Menu”.

How large does the physical signage need to be at my sales location?

8in x 10 inch minimum

I’m selling from my home--where should I put the signage?

Prominently displayed at the point of sale. Your local municipality may have laws that apply to all residential businesses in regards to signage on the outside of your home.

I’m selling online from a website, social media page, or online ordering system, where should I put the signage?

This must be on your shop page, at the point of sale. You are encouraged to include this information in multiple locations.

Can I re-use disposable gloves?

No. Disposable gloves should be single-use.

Can I use my kitchen regularly for meals when I am not making Cottage Food products?

Yes, as long as those tasks do not happen at the same time as Cottage Food production tasks.

Do I need a separate handwashing sink in my kitchen?

No, you are not required to have a separate handwashing sink in your kitchen, but it is allowed. You should have a separate handwashing sink in your bathroom.

Can I refuse an inspection?

Yes, but your Cottage Food Operation Registration will likely be revoked and your operation no longer able to make and sell products.

Will they inspect my entire house?

No. The health inspector is only there to inspect the food preparation areas, generally your kitchen.

​My local health department is enforcing cottage food regulations that I do not believe are consistent with the law, what should I do?

Use this Guide and the letter of the law to educate yourself on the regulations. Follow the chain of command listed above, by first speaking to your health inspector, then the head of the Environmental Health Division, and finally the head of the Department. Always be respectful while doing so. You may also want to connect with IDPH and ask them to provide guidance on the issue. Generally, most matters can be resolved through respectful conversations and review of the law and guidance with the health department, but if not, you can take the issue to your elected or appointed board of health, and connect with local advocacy groups to further help resolve the issue.

What I want to do is not currently allowed under Cottage Food Law. What should I do?

Talk with us about local level licensing and opportunities to rent, purchase, or build commercial kitchens in your area to suit your needs. While Cottage Food Law is designed to foster very small business growth for relatively low risk foods, a licensed commercial kitchen will provide you with many more options to make and sell food. If this option is not feasible, reach out to local level advocacy groups to explain your issue. These advocacy groups can work with you to determine if there is a path forward for changing the existing law. See Scaling Up on page 44 of the Cottage Food Guide​ for more information.

I still have questions. Who can I contact?

If questions remain after reading this page and the Cottage Food Guide​, please contact us at: askus@kanecountyil.gov​​


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