Fruits

Fresh whole fruit, plus what changes once it’s cut, dried or bottled

No permitWhole, uncut fruit at markets

Farm addressOrigin placard required

Legal-for-tradeScales required

Jul 20, 2028FDA traceability compliance date

1What’s covered & what needs more

Covered under this path

Fresh whole fruit, minimally rinsed to remove soil — no health-department permit (Farm Products Marketing Act)
Fresh-cut fruit (not melon) sold as cottage food if kept ≤ 41°F
Dried fruit, jams and juices under cottage rules (see those guides)
Samples with an IDPH Farmers Market Sampling Handler Certificate

Needs a different path

Cut or puréed melon and tomato → prohibited under cottage law; frozen cut melon prohibited
Bottled juice or cider → cottage rules (or licensed plant); warning label if unpasteurized
Fruit wine or hard cider → alcohol licensing
Farms above produce-safety thresholds → FSMA Produce Safety Rule training & standards

2Three steps to compliant sales

Confirm what counts as ‘raw agricultural’

Whole, uncut fruit that’s only minimally rinsed can be sold at farmers markets without a permit or inspection fee. Once it’s cut, dried, pressed or packed with other ingredients, it’s a food product with its own rules.

Meet the market basics

Display the farm address (or the address where you bought it) on a placard, label or packing slip. Sell by weight or count on a legal-for-trade scale (IDOA Weights & Measures, 800-582-0468). Sampling requires an IDPH sampler certificate or a local permit.

Check produce-safety coverage

Farms averaging about $25,000 or less in produce sales (inflation-adjusted) are outside the FSMA Produce Safety Rule; larger farms need to learn the rule. The FDA food-traceability rule takes effect July 20, 2028 (same $25,000 farm exemption).

3Quick-reference table

Item	Rule	Regulator
Permit	Whole, uncut, unprocessed fruit: exempt from local inspection and license fees (verify sampling & local rules).	Local health dept
Origin labeling	Placard/label/packing slip with farm name & address.	IDPH / FDA
Weights & measures	Legal-for-trade scale; approved method of sale.	IDOA Weights & Measures
Cut fruit	Potentially hazardous once cut — ≤ 41°F; melon/tomato cut or puréed barred from cottage kitchens.	IDPH
Traceability rule	Compliance date July 20, 2028; farms ≤ $25,000 avg. produce sales exempt.	FDA

4Frequently asked

Do I need a license to sell apples at a farmers market?

Whole, uncut, unprocessed fruit is exempt from inspection and licensing fees, but always confirm with the market manager and your local health department.

Can I sell fresh-squeezed juice?

Bottled at home and kept ≤ 41°F under cottage registration, or from a licensed facility. Unpasteurized juice needs the federal warning statement. On-site squeezing needs a local permit.

Can I give out samples?

Yes with an IDPH Farmers Market Food Product Sampling Handler Certificate (3-yr, non-transferable) or a local permit; wash fruit before cutting and keep cut melon/tomato at ≤ 41°F.

Can I say ‘Illinois grown’?

Yes, if the product is grown in Illinois, or processed and packaged in Illinois using at least one Illinois-grown ingredient.

Printable checklist

Farm address placard at every stand and on every online listing
Legal-for-trade scale (or sell by count)
Cut fruit ≤ 41°F; no cut melon or tomato from a cottage kitchen
Sampler certificate or local permit before sampling
Check your FSMA Produce Safety Rule coverage
Register with IDOR; grocery tax by delivery address
Cottage registration for dried fruit/jam/juice SKUs
Know the July 20, 2028 traceability date

Sales tax: Groceries: Illinois’ 1% state grocery tax ended Jan 1, 2026, but many cities and counties (Chicago included) now levy their own 1% local grocery tax — check the rate for each delivery address. Register with the Illinois Department of Revenue (IDOR) through MyTax Illinois.