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Illinois Uses a "Prohibited List" — That Changes Everything

Most states tell you what you can make. Illinois tells you what you can't. Under the Food Handling Regulation Enforcement Act (410 ILCS 625/4), any food or drink not explicitly listed as prohibited is permitted for cottage food production. This makes Illinois one of the broadest and most permissive cottage food frameworks in the United States — including many perishable and acidified products that other states don't allow.

Product Status Guide

Open, Restricted & Prohibited

Open — No conditions, clearly allowed
Restricted — Allowed with specific requirements
Prohibited — Not permitted under cottage food rules
Open Clearly Allowed
Baked Goods Breads, rolls, bagels, scones, tortillas Standard baked goods with no hazardous fillings
Baked Goods Cookies, brownies, muffins, biscuits Must not contain prohibited ingredients as primary components
Baked Goods Cakes, cupcakes, cake pops, macarons Buttercream and non-hazardous frostings allowed
Baked Goods Wedding cakes, donuts, pastries, churros Packaging exemption available for wedding cakes from your LHD
Baked Goods Pies (non-custard), empanadas, tamales Fruit pies and savory-stable pastries allowed; custard/cream pies prohibited
Candy & Confections Candies, chocolate, fudge, truffles, caramels All standard confections; brittles, cotton candy, marshmallows
Preserves Standard jams, jellies, marmalades, applesauce Using standard high-sugar recipes; no lab testing needed
Condiments Nut butters, mustards, syrups, infused oils Non-garlic infused oils OK; see garlic-in-oil rule below
Dry Goods Dried herbs, spices, dry mixes, granola, pasta Coffee beans, tea leaves, cereals, trail mixes
Snacks Popcorn, kettle corn, crackers, pretzels, nuts Candied apples, caramel corn, fruit leathers, veggie chips
Other Vanilla and alcohol-based extracts Not intended for beverage use; vanilla extract, etc.
Other Hard-boiled whole eggs (intact) Whole, uncracked; cut or peeled eggs are TCS foods
Other Frozen produce (un-cut, unprocessed) Whole fruits or vegetables only; cut produce is restricted
Restricted Allowed with Conditions
Preserves Canned tomatoes & tomato products Must follow USDA/extension approved recipe exactly — OR — submit annual pH test (≤4.6) from a commercial lab
Acidified / Fermented Pickles, hot sauce, vinegar-based products Approved recipe: submit with registration. Custom recipe: annual food safety plan + pH test; renew pH test every 3 years
Acidified / Fermented Fermented vegetables, kimchi, sauerkraut Same food safety plan and pH testing as above; must be refrigerated throughout storage, transport, and sale
Preserves Non-standard jams, jellies, fruit butters Untested recipes must be commercially lab-tested to confirm pH <4.6 or water activity <0.85
Preserves Low-sugar or sugar-substitute jams/jellies Must be boiling-water-bath canned ≥10 min, or water activity lab-tested at <0.85
Baked Goods Baked goods with cheese Your local health department may require commercial lab testing to confirm non-hazardous status
Dairy (as ingredient) Butter, cream, milk in baked goods & frosting Dairy allowed only as an ingredient in non-hazardous baked goods, candies (e.g., caramel), or frostings (e.g., buttercream). Not as a primary/standalone product.
Eggs (as ingredient) Eggs in baked goods, pasta, frosting Eggs allowed only as an ingredient in non-hazardous baked goods (including dry noodles) or frostings — not raw, not as a primary product
Dehydrated Foods Dried fruits, vegetables, herbs Allowed; water activity ≤0.85 recommended (not legally required). No prohibited ingredients (meat, dairy, etc.)
Salsas & Sauces Tomato salsas, BBQ sauces, hot sauces Permitted if pH ≤4.6 and follows acidified food rules. Must remain refrigerated if not shelf-stable
Condiments Garlic-in-oil mixtures Only allowed if acidified to a final pH of 4.6 or below. Plain garlic-in-oil is prohibited (botulism risk)
Perishable Items TCS foods sold fresh (non-shipped) Some perishable foods are allowed for in-person sale with refrigeration but cannot be shipped. Check with your LHD.
Prohibited Not Permitted
Protein Meat, poultry, fish, seafood, shellfish Not permitted as primary ingredients under any circumstances in cottage food
Dairy Standalone dairy products Cheese, yogurt, raw milk, fresh cream — dairy as a primary product requires separate licensing
Custard / Cream Pumpkin pie, sweet potato pie, cheesecake Also: custard pies, crème pies, cream-filled pastries with hazardous fillings
Canned Low-acid canned foods Canned green beans, corn, beets, other vegetables — unless acidified to pH ≤4.6
Beverages Kombucha Expressly prohibited by name in the Illinois statute (410 ILCS 625/4)
Beverages Alcoholic beverages Requires a separate distillery, winery, or brewery license — not permitted under cottage food
Beverages Fresh-pressed juice & cider Juice and cider require an inspected facility; not allowed under cottage food rules
Beverages Freezer jams Must be kept frozen; incompatible with cottage food storage and sale requirements
Produce Sprouts High pathogen risk; expressly prohibited
Produce Cut fresh or pureed tomato or melon Also: dehydrated tomato or melon, frozen cut melon — all prohibited
Produce Cut leafy greens (fresh) Allowed only if dehydrated, acidified, or blanched and frozen
Mushrooms Wild-harvested non-cultivated mushrooms Commercially cultivated mushrooms not prohibited; wild-foraged are not allowed
Other Cooked vegetables (as primary product) Cooked vegetables are TCS foods — must be held hot (≥135°F) or cold (≤41°F), incompatible with home kitchen rules
Preserves Pumpkin, banana, or pear butter Not allowed unless produced in an inspected facility or lab-tested to confirm pH ≤4.6

Why These Rules Exist

Understanding the Restrictions

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What Is a TCS Food?
TCS stands for Temperature Control for Safety. These are foods that support the growth of harmful bacteria when held in the "danger zone" between 41°F and 135°F. Cooked vegetables, cut produce, melon, and dairy-based products are common TCS foods. Illinois cottage food rules don't prohibit all TCS foods — but those you sell must be kept properly refrigerated (≤41°F) at every stage: storage, transport, and point of sale. TCS foods cannot be shipped. Learn more on the Prepared Meals page →
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pH and the 4.6 Rule
Acidity (pH) is the key safety measure for preserved and fermented foods. A pH of 4.6 or below inhibits the growth of Clostridium botulinum, the bacterium that causes botulism. Pickles, hot sauces, and fermented vegetables must reach this level to be considered shelf-stable. Illinois requires either an approved USDA/extension recipe or commercial lab testing to confirm your product hits the mark. See Shelf-Stable Foods →
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Acidified & Fermented Foods
Hot sauce, pickles, shrubs, and fermented vegetables are allowed — but with extra steps. If you use a USDA or state extension approved recipe, you submit it with your registration. If you use your own recipe, you must file a food safety plan annually and pH test results (renewed every 3 years). Canned versions must use boiling-water-bath method only (no pressure canning) in Mason-style glass jars. Non-canned versions must stay refrigerated throughout. See Special Categories →
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Dairy as an Ingredient vs. a Product
Dairy is prohibited as a standalone product — you can't sell cheese, fresh cream, or yogurt under cottage food rules. But dairy is allowed as an ingredient in non-hazardous baked goods and frostings. Buttercream frosting, cream-based caramels, and milk in bread dough are all legal. The rule of thumb: dairy in a finished, stable product is OK; dairy as the main product is not.

📊 Key pH and Water Activity Thresholds at a Glance

pH ≤4.6 — Required for acidified foods to be considered shelf-stable. Vinegar, citrus, and fermentation are common ways to achieve this.

Water activity ≤0.85 — The threshold for low-sugar jams and dehydrated foods. Below this level, bacteria cannot grow. Lab testing is required only if using non-standard recipes for jams.

Temperature ≤41°F — Required cold-holding temperature for any refrigerated TCS food sold under cottage food. You must maintain this from your kitchen through transport to the point of sale.

Category Quick Reference

Special Product Rules at a Glance

Product Status What's Required Can Ship?
Standard jams & jellies Open Standard USDA-recipe; no testing needed Yes (shelf-stable)
Canned tomatoes Restricted Approved recipe OR annual commercial pH lab test Yes (if shelf-stable)
Pickles & fermented vegetables Restricted Food safety plan + pH test; refrigerated if not canned Non-perishable only
Hot sauce Restricted pH ≤4.6 required; food safety plan if custom recipe Yes (if shelf-stable)
Baked goods with cheese Restricted LHD may require commercial lab test No (perishable)
Kombucha Prohibited Expressly prohibited in 410 ILCS 625/4 No
Custard / cream pies Prohibited Not permitted; use non-dairy/non-egg fillings No
Fresh-pressed juice / cider Prohibited Requires inspected facility; cottage food exemption does not apply No
Low-acid canned goods Prohibited Cannot be produced under cottage food; must acidify or use inspected kitchen No
Vanilla & flavor extracts Open Not for beverage use; alcohol base OK Yes (shelf-stable)
Dried herbs & spice blends Open No conditions; no testing required Yes
Buttercream frosted cakes Open Dairy as ingredient in frosting is permitted No (perishable)
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