Special Categories
in Illinois

Yes — but not under cottage food rules. Meat and poultry products intended for commercial sale require USDA inspection for interstate commerce, or an Illinois state meat inspection for intrastate sales. Either way, production must occur in an inspected, licensed facility.

Meat is prohibited under 410 ILCS 625/4 as a primary ingredient. This is a firm line — no workaround exists within the cottage food framework.

• →USDA FSIS Grant of Inspection: Required for any meat or poultry product sold across state lines. Federal inspection program through the USDA Food Safety and Inspection Service.
• →Illinois Meat and Poultry Inspection Program (IDOA): For intrastate sales only. Illinois operates its own state inspection program equivalent to federal standards.
• →HACCP Plan: Mandatory for all federally inspected facilities. Also required for state inspection under Illinois rules.
• →Inspected Facility: All production must occur in a facility that passes USDA or IDOA inspection — not a home kitchen.

USDA Food Safety and Inspection Service (FSIS) — Federal; governs all meat, poultry, and egg products sold across state lines.
fsis.usda.gov

Illinois Department of Agriculture (IDOA) — State; administers Illinois Meat and Poultry Inspection Act for intrastate sales.
agr.illinois.gov

Note: Even selling jerky at a local farmers market requires inspection. There is no small-batch exemption for meat in Illinois.

Yes — but dairy sold to the public must be produced in a licensed dairy facility regulated by the IDOA Dairy Division. Illinois does not currently permit the sale of raw (unpasteurized) milk for human consumption through retail channels.

Under cottage food rules, dairy is only permitted as an ingredient in non-hazardous baked goods or frostings — not as a standalone product. If you want to sell artisan cheese, flavored butter, or yogurt, you need a separate dairy license.

• →Illinois Dairy License (IDOA): Required for producing and selling dairy products. Covers milk processing, cheese making, butter, yogurt, and related products.
• →Pasteurization: All Grade A milk sold for fluid consumption must be pasteurized. Artisan cheese aged 60+ days may qualify for an exemption from pasteurization requirements under federal standards.
• →Facility Inspection: Your dairy production facility must pass IDOA inspection before licensing is granted.
• →Milk Source: If producing cheese or dairy products, your milk source (own herd or purchased) must also meet IDOA standards.

Illinois Department of Agriculture (IDOA), Dairy Division
801 E. Sangamon Ave, Springfield, IL 62702
agr.illinois.gov

FDA oversees Grade A pasteurized milk ordinance standards at the federal level.

Raw milk note: Illinois prohibits retail sale of raw milk for human consumption. Raw milk sales to consumers are not permitted through any channel in Illinois. Verify current rules with IDOA as policies may evolve.

Yes — Illinois has a robust craft beverage industry. Beer, wine, spirits, mead, hard cider, and hard seltzer are all producible and sellable in Illinois under the appropriate license from the Illinois Liquor Control Commission (ILCC).

Alcoholic beverages are expressly prohibited under cottage food rules. There is no home production-for-sale exemption in Illinois — all commercial alcohol production requires a licensed facility, federal TTB registration, and an ILCC manufacturer's license.

• →ILCC Manufacturer's License: Different license types for brewers, wineries, distilleries, and craft-specific operations. Fees vary by production volume.
• →TTB (Federal) Permit: Brewer's Notice, Winery Bond, or Distilled Spirits Plant (DSP) permit from the U.S. Alcohol and Tobacco Tax and Trade Bureau. Required before any production.
• →Illinois Farm Winery License: Available to wineries using a percentage of Illinois-grown fruit. Reduced regulations; good option for farm operations.
• →Local Licensing: Many municipalities require a local liquor license in addition to state and federal permits.

Illinois Liquor Control Commission (ILCC)
State agency; issues all manufacturer, distributor, and retailer licenses.
ilcc.illinois.gov

TTB (Federal)
Alcohol and Tobacco Tax and Trade Bureau; issues federal permits and collects excise taxes.
ttb.gov

Note: Home brewing for personal (non-commercial) consumption is legal in Illinois — the restriction applies to commercial sale only.

Kombucha is expressly named and prohibited in Illinois cottage food law. This is one of the few products called out specifically by name in the statute — no ambiguity, no workaround.

The reason: kombucha is a live-culture product where alcohol content is variable and difficult to control. Most commercial kombucha is below 0.5% ABV (the federal threshold for "alcoholic beverage" classification), but home batches can exceed this, triggering liquor control law requirements.

Water kefir, jun tea, and other fermented beverages are also prohibited under the general beverage prohibition — not just the kombucha-specific ban.

Federal law classifies any beverage exceeding 0.5% ABV as an alcoholic beverage, triggering TTB oversight and state liquor control requirements. Commercial kombucha producers must test each batch to ensure ABV stays below 0.5% — or obtain a brewer's license.

To legally sell kombucha at below-0.5% ABV in Illinois, you would need:

• →An inspected commercial production facility
• →Batch alcohol testing equipment or commercial lab testing
• →An IDPH food manufacturing permit (not cottage food)

If batches exceed 0.5% ABV, an ILCC brewer's license and TTB permit are also required.

Within cottage food rules: You can sell fermented foods (kimchi, sauerkraut, fermented vegetables) with a food safety plan and pH documentation. Fermented food ≠ fermented beverage.

Commercial path: Contact IDPH at (217) 785-2439 to discuss requirements for manufacturing kombucha at a commercial scale. You'll need a food manufacturing license, a production facility, and potentially ABV testing protocols.

Beverage-adjacent: Consider selling SCOBY cultures, fermentation starter kits, or loose-leaf tea blends as cottage food products — customers make their own kombucha at home.

Illinois legalized adult-use cannabis on January 1, 2020 (Cannabis Regulation and Tax Act). THC-infused edibles are legal to produce and sell — but exclusively through the licensed cannabis dispensary system.

Producing THC edibles for sale requires an Infuser Organization license from the Illinois Department of Agriculture. This is a highly competitive, capital-intensive license with strict facility, testing, and traceability requirements. Home production of THC edibles for sale is absolutely not permitted — there is no cottage food or small-batch exemption.

Products must be sold exclusively through licensed dispensaries; direct-to-consumer sales outside the licensed cannabis supply chain are illegal.

Hemp-derived CBD edibles (from cannabis plants with <0.3% THC) occupy a complicated regulatory space in Illinois. The FDA has not approved CBD as a food ingredient at the federal level, and the Illinois Food Handling Regulation Enforcement Act has not explicitly authorized CBD in cottage food products.

Illinois does permit licensed hemp processors to produce hemp-derived CBD products. However, cottage food rules do not carve out an exemption for CBD-infused foods. Selling CBD-infused baked goods or other foods under cottage food registration creates significant legal exposure.

Current guidance: Do not sell CBD-infused products under cottage food registration. Seek explicit IDPH guidance before pursuing this category commercially.

THC Edibles:
Illinois Department of Agriculture (Infuser Organization license)
Illinois Department of Financial and Professional Regulation (IDFPR — dispensary licensing)
agr.illinois.gov

Hemp / CBD:
Illinois Department of Agriculture (Hemp Program)
FDA (federal food additive rules)
agr.illinois.gov → Hemp Program

Important: Both areas are actively evolving. Regulations change frequently. Always verify current rules directly with the relevant agency before making any business decisions.

Illinois cottage food rules already allow acidified foods (hot sauce, pickles, fermented vegetables) with appropriate food safety plans and pH testing. If you're selling direct-to-consumer within Illinois, cottage food registration is your starting point and handles this category well.

Under cottage food, you can sell acidified products at markets, online, and through delivery — without FDA registration, as long as your sales remain direct-to-consumer within Illinois and you stay within the cottage food framework.

When you're ready to sell wholesale (to stores, restaurants, or across state lines), FDA's Low-Acid Canned Food (LACF) and Acidified Food (AF) regulations at 21 CFR Part 114 apply.

• →FDA Food Facility Registration: Required for commercial acidified food producers selling into interstate commerce.
• →Process Authority Review: Your recipe must be reviewed by an FDA-recognized "process authority" to confirm safety.
• →Scheduled Process Filing: File your approved process with FDA.
• →Thermal Process Training: Person in charge must complete an FDA-recognized Better Process Control School.

FDA (Federal) — 21 CFR Part 114 governs all acidified foods in commercial interstate distribution.
fda.gov

IDPH (State) — Issues wholesale food processor permits for Illinois producers. IDPH permit required for any commercial-scale acidified food production.
dph.illinois.gov

University of Illinois Extension offers workshops and resources for producers scaling up from cottage food to commercial acidified food production.
extension.illinois.edu/cottage-food

Fresh, unpasteurized juice has been linked to serious E. coli, Salmonella, and Cryptosporidium outbreaks — particularly apple cider and orange juice. As a result, FDA requires juice producers to implement HACCP (Hazard Analysis Critical Control Points) plans under 21 CFR Part 120.

Juice and cider production require an inspected facility in Illinois. There is no small-batch or direct-sale exemption from the HACCP requirement for commercial juice sold to the public.

• →IDPH Retail or Wholesale Food Permit: Required for the production facility.
• →FDA HACCP Plan (21 CFR Part 120): Mandatory for all juice sold commercially. Must identify and control hazards at critical control points (e.g., pasteurization or validated alternative treatment).
• →Pasteurization or 5-log Pathogen Reduction: Either pasteurize or document an equivalent 5-log reduction in pathogen levels using another validated method.
• →Farm/Orchard Exception: Orchards selling their own pressed cider directly to consumers at roadside stands may qualify for separate IDOA agricultural exemptions. Contact IDOA for specifics.

FDA — 21 CFR Part 120 (Juice HACCP rule) governs all commercial juice sold across state lines or in interstate commerce.
fda.gov

IDPH — Food facility licensing for Illinois juice producers.
(217) 785-2439

IDOA — Agricultural exemptions for farm-direct cider sales. Contact Bureau of Weights and Measures at (800) 582-0468 or visit agr.illinois.gov.