Illinois Home Kitchen Law

Business By dkosik1 Updated 10 Jun 2015 , 7:28pm by Webake2gether

dkosik1 Posted 10 Jun 2015 , 6:26pm
post #1 of 2

So illinois passed the home kitchen law, saying that I can bake from home and sell it. Yay! Except apparently no counties have adopted said law. 

I live in vermilion county and this is what the county food ordinance states..

"The current editions of the illinois department of public health rules and regulations for food service sanitation and rules and regulations for retail food stores and any subsequent amendments or revisions thereto are hereby adopted by reference as the vermilion county food service sanitation code."

So that means that vermilion county follows whatever illinois state says..right?!?! They tell me I can't. But this just clicked and of course there is no one in the office to ask this. 

Any thoughts?!

1 reply
Webake2gether Posted 10 Jun 2015 , 7:28pm
post #2 of 2

I live in macon county and talk to the health department here regularly. My understanding of this is that each county has to adopt it. There are several counties (mine included) that have ordinances already in place that the new law contradicts.

So basically the law was passed rather quickly without much thought really and it leaves county health departments to figure out how to incorporate it to their existing ordinances. We do have the cottage food law (which I don't like at all bc I can't sell what I make at farmers markets due to the heat) or there is the commercial grade kitchen in your home option but even that has it's issue bc some counties do not allow anyone to "sell" out of their homes in a residential zone. So basically the deal I will have with my county and city once I complete my commercial kitchen is that I will be a delivery only based business as long as I am in a residential zone unless I am able to have the city zoning permit me otherwise.

My advice is contact your local health department and talk to them to find the specifics in your county and then contact the city to check your zoning laws as well. 

Madison county is one of very few or maybe be the only county in Illinois to have passed it and it's a small community that rallied for a young girl to be able to sell cupcakes from her home kitchen. My take on it is that it will only benefit Madison county residents bc it was basically written to fit their existing ordinances. I know for a fact macon county will not even consider it for discussion anytime in the near future bc there are too many other ordinances and laws that are more pressing. Hope that helped :)

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