The Evolution of Cottage Food Regulation in Illinois

Cottage food laws are state-by-state regulations intended to facilitate the development of local food and economies by reducing the obstacles small food producers face in market entry. [1] The laws are designed to exempt the sale of certain non-hazardous foods by small scale-producers from food safety regulations so that these individuals are able to market food directly to consumers.[2] For example, many of the food safety laws that regulate food production were designed for large processors, whereby food is prepared in a certified commercial kitchen that has met certain requirements to ensure food safety.[3]However, these requirements also serve as significant economic hurdles for small food producers seeking to make low risk (non-potentially hazardous) foods--products which do not present the same safety risks as other processed items.[4]  Cottage food laws are a relatively new regulatory development. States first explored regulatory relief through legislation in the early 2010's. Several variables to consider when constructing this legislation included: who will be exempt, what specific foods qualify for the exemption, where and how food may be sold, and what labeling is required to inform the consumer that the food was not produced in an inspected commercial kitchen.[5]Because cottage food laws and the food industries that utilize them are so new, law makers in Illinois have had to amend the statute more than once to adapt the requirements to best serve the communities they were enacted to help and maintain the growth in this sector of the food economy.