Fresh and dried herbs, spice blends, seasonings, extracts
BunchesFresh/dried whole bunches exempt
BlendsCottage or licensed kitchen
No claimsHealth claims → supplement/drug
Foraged OK**except wild mushrooms
1What’s covered & what needs more
Covered under this path
Fresh herb sprigs and dried herbs in bunches — agricultural, unrestricted at markets
Dry herb and spice blends, seasoning salts, dry tea blends — cottage food
Herbal extracts and tinctures sold without medical/health claims
Wild-foraged non-mushroom ingredients you can positively identify
Needs a different path
Chopped, blended or packaged herbs → cottage kitchen or licensed facility, not farm-exempt
Herbs in oil (esp. garlic) → acidify (pH ≤ 4.6) or licensed facility
Any medical or disease claim → supplement/drug rules
Wild-foraged mushrooms → banned under cottage law and at farmers markets
2Three steps to compliant sales
A
Separate bunches from products
Whole fresh sprigs and dried herb bunches are agricultural products. Once they’re chopped, blended, packaged or seasoned they’re a processed food — register as a cottage operation or use a licensed kitchen.
B
Register & label
CFPM + local health department registration, then full cottage labels: every ingredient, allergens (watch sesame), processing date, net weight. Keep claims factual — ‘makes you healthier’ isn’t allowed.
C
Watch the infusions
Garlic, onions and other ground-dwelling crops carry botulism risk in oil. Acidify to pH 4.6 or below (see Oils) or don’t sell it as a cottage product.
3Quick-reference table
Item
Rule
Regulator
Whole herb sprigs / dried bunches
No restrictions; may be bagged at sale.
Farm Products Marketing Act
Blends & seasonings
Cottage food (end-use only); chopped/packaged herbs otherwise need an inspected facility.
IL Farmers Market Guide
Extracts & tinctures
Allowed as cottage food if not sold as medicine and no health claims; flavor extracts not intended as beverages.
IDPH
Foraged plants
Generally legal if correctly identified; wild mushrooms prohibited; market managers may restrict.
IL Farmers Market Guide
Label must-haves
Operation name + local government unit; registration # + county/municipality; common name; every ingredient (incl. sub-ingredients) by weight; federal allergen labeling (milk, eggs, wheat, peanuts, soy, fish, tree nuts, shellfish, sesame); processing date (month/day/year); net weight; and the home-kitchen statement.
IDPH / local health dept
4Frequently asked
Can I sell dried culinary herbs I grow?
Whole dried bunches, yes. Crushed, blended or packaged herbs go through cottage food or a licensed facility.
Can I sell tinctures?
As cottage food, only if you don’t market them as medicine or make health claims. Health claims trigger federal supplement/drug rules.
Can I sell foraged ingredients?
Many are legal, but only if you can identify them with certainty. Wild-harvested mushrooms are prohibited.
Is vanilla extract OK?
Yes if not intended for use as a beverage.
Printable checklist
Bunches vs. processed products separated by SKU
Cottage registration + CFPM for blends/extracts
Labels: ingredients, allergens (incl. sesame), date, net weight, reg #
No health/medicinal claims anywhere
Acidify anything with garlic/onion in oil
No wild-harvested mushrooms
Register with IDOR; grocery tax by delivery address
Home-kitchen notice at point of sale online
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.
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.