Culinary oils, infused oils and oil-based dressings
GarlicOnly if acidified (pH ≤ 4.6)
Ground cropsHighest botulism risk
CottageRegistration + labels
In-stateDirect sales only
1What’s covered & what needs more
Covered under this path
Culinary and pressed oils and plain herb/spice-infused oils (no fresh vegetables)
Salad dressings and vinaigrettes with no prohibited ingredient
Garlic oil that has been acidified to pH 4.6 or below (follow the acidified-foods process)
Needs a different path
Garlic-in-oil that isn’t acidified → prohibited under cottage law
Fresh vegetables/herbs (especially garlic, onions) stored in oil → acidify first or use a licensed facility
Dressings with prohibited ingredients (raw egg, fresh dairy)
Essential oils for skin or fragrance → cosmetic/aromatics rules
2Three steps to compliant sales
A
Screen for botulism risk
Vegetables, herbs and ground-growing crops in oil make an oxygen-free, low-acid environment where C. botulinum can thrive. Garlic in oil is only allowed when acidified. IDPH warns Illinois has had botulism deaths recently.
B
Acidify & document
Follow the acidified-foods route: an approved recipe or your own Cottage Food Safety Plan with a lab pH test at 4.6 or below (test good for 3 years; plan resubmitted annually).
C
Label & sell direct
CFPM + registration, full cottage label, home-kitchen notice; sell direct inside Illinois. Farmers-market guidance notes plain flavored oils aren’t treated as potentially hazardous, but still keep records.
3Quick-reference table
Item
Rule
Regulator
Garlic in oil
Prohibited unless acidified.
IDPH
Other infused oils
Allowed if no prohibited ingredient; use caution with vegetables/herbs in oil — acidify to pH ≤ 4.6.
IDPH
Safety plan
Acidified process: safety plan (annual) + lab pH test (every 3 yrs).
Local health dept
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 chili-infused oil?
Dried chilies in oil are generally allowed; fresh peppers, garlic or other vegetables in oil need acidification or a licensed facility. When in doubt, ask your local health department.
Is botulism really a concern?
Yes — it’s rare but severe, and IDPH notes Illinois has had deaths in the past year.
Can I sell roasted-garlic oil?
Only if acidified to pH 4.6 or below with proper documentation.
Do I need a lab for pressed oil?
Not for plain oil, but any acidified component needs the pH test.
Printable checklist
No fresh garlic/onion/vegetable in oil without acidification
Register with IDOR; grocery tax by delivery address
Essential oils listed under Aromatics/Body Care, not here
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.