Illinois · Direct-to-Consumer ComplianceCOTTAGE FOOD — WITH LIMITS
Beverages
Bottled juices, lemonade, cold brew, syrups, drink mixes and more
≤ 41°FStore, haul & sell cold
Bottled at homeNo made-to-order drinks on site
3%Chicago soft-drink tax
Nov 12, 2026IL Hemp Act hits THC drinks
1What’s covered & what needs more
Covered under this path
Fresh-pressed juices, lemonade, tea and coffee drinks — bottled and labeled at home, kept ≤ 41°F
Dry drink mixes, syrups and concentrates (no prohibited ingredients)
Unpasteurized juice — with the required warning statement on the label
Needs a different path
Kombucha and any alcoholic beverage → prohibited under cottage law (alcohol: Illinois Liquor Control Commission)
Drinks squeezed, brewed or poured on site → local health department permit
Wholesale juice → Juice HACCP under IDPH
Bottled water → IDPH Bottled Water Program
Hemp/THC beverages → Illinois Hemp Act (0.4 mg total THC per container, from Nov 12, 2026)
2Three steps to compliant sales
A
Decide your lane
Bottled at home and sold direct = cottage-food registration (CFPM + local health department). Made to order, wholesale, or bottled water = a licensed path. Kombucha and alcohol are never cottage.
B
Label for juice
Unpasteurized juice must carry the federal warning (21 CFR 101.17(g)): “WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems.” Add ingredients, allergens, and the cottage label items.
C
Keep it cold & tax it right
Drinks are stored, hauled and sold at or below 41°F. Sweetened soft drinks use the general tax rate, and Chicago adds 3% — get the rates right at checkout.
3Quick-reference table
Item
Rule
Regulator
Registration
Cottage-food registration with your local health department (annual, ≤ $50) + CFPM.
Local health dept
Temperature
Store, transport and sell allowed drinks ≤ 41°F.
IDPH
On-site prep
Not allowed under cottage law — no squeezing, brewing or dispensing at the booth.
Local health dept
Unpasteurized juice
Federal warning statement required (21 CFR 101.17(g)).
FDA
Kombucha / alcohol
Prohibited under cottage law; alcohol licensed by the Illinois Liquor Control Commission.
ILCC
Soft-drink tax
Sweetened drinks: general state rate; Chicago adds a 3% soft-drink tax.
IDOR
4Frequently asked
Can I sell lemonade made fresh at a market?
Not under cottage law. Drinks must be prepared, bottled and labeled at home. Serving drinks made on site needs a local health department permit.
Can I sell kombucha?
Not as a cottage food. Kombucha is specifically prohibited; it would need a licensed facility.
What about CBD or hemp drinks?
Avoid unless you’re licensed. Illinois’ new Hemp Act (SB 3222) caps finished consumable hemp products at 0.4 mg total THC per container starting Nov 12, 2026 and adds licensing, testing and packaging rules.
Is bottled water cottage food?
No — bottled water is handled through IDPH’s Bottled Water Program.
Printable checklist
Registration + CFPM in hand
Every drink bottled and labeled at home — nothing made to order
Cold chain (≤ 41°F) from kitchen to customer
Juice warning label on all unpasteurized juices
No kombucha, alcohol, hemp/THC or unlabeled sub-ingredients
Chicago 3% soft-drink tax configured for Chicago orders
Register with IDOR; verify soft-drink vs grocery tax by SKU
Home-kitchen notice at point of sale online
Sales tax: Sweetened ‘soft drinks’ are taxed at the general rate — not the grocery rate — and Chicago adds a 3% soft-drink tax. Unsweetened tea/coffee, milk drinks and drinks over 50% juice generally follow grocery treatment. Confirm with IDOR.
Selling on a marketplace: Cottage-food sales must be made by the registered operator (or a listed family member/employee) directly to the consumer, inside Illinois. Online listings work when the operator is clearly the seller and the home-kitchen notice appears at the point of sale. A platform can list and take payment, but should not take title, repack, or distribute the product.