Opening a Retail Food Establishment in Clay County

A Retail Food Establishment is a food business or operation which conducts food sales directly to the consumer. In Illinois, retail food establishments include operations such as restaurants, bars, long-term care or healthcare facilities, and grocery stores. These establishments are regulated by the local health department serving the jurisdiction that the establishment is located in.

Before a Retail Food Establishment may begin operation in Clay County, the establishment must complete the following requirements:

• Submit a completed Plan Review Application to the Clay County Health Department
• Pass a Pre-Opening Inspection
• Obtain a valid Operating Permit

After a Plan Review application is approved and an establishment has passed an opening inspection, an operating permit will be issued. Operating permits expire on December 31^st of each year. A permit renewal application and associated operating permit fee must be submitted annually for an establishment to maintain their operating permit. Operating a Retail Food Establishment without a valid operating permit may result in a $75.00 fine for each day of operation without a permit.

Resources for Retail Food Establishments

Both during and outside of food establishment inspections, we strive to educate food service managers and employees on proper food safety practices and Hazard Analysis Critical Control Point (HACCP) principles. It is our belief that increased education is the greatest defense against foodborne illness. Helpful food safety documents and links are listed below:

Cottage Food Operations

Opening a Cottage Food Operation in Clay County

A Cottage Food Operation is an operation conducted by a person who produces or packages food or drink in their home or farm kitchen for direct sale to the consumer, provided that requirements under Illinois’ Food Handling Regulation Enforcement Act are met and that prohibited foods are not offered for sale. Individuals may register as a Cottage Food Operation with the local health department in the county in which they reside.

To register as a Cottage Food Operation with the Clay County Health Department, Clay County residents must submit the following required information:

• A completed Application for Cottage Food Operation Registration
• A completed Home Self-Certification Checklist
• $50.00 annual registration fee, payable to the Clay County Health Department
• Copies of sample product labels from each selected product category in Section 2 of the Registration Application
• A copy of a valid Certified Food Protection Manager (CFPM) Certification
• If on a private water supply, a copy of water test results showing satisfactory E. coli/Coliform bacteria results
• If producing acidified or fermented foods, a food safety plan & representative pH test OR an approved recipe from the USDA National Center for Home Food Preservation or the cooperative extension of any state
• If producing canned tomato products, a representative pH test OR approved recipe from the USDA National Center for Home Food Preservation or the cooperative extension of any state

After a Cottage Food application is approved, an operating permit will be issued. Operating permits expire on December 31^st of each year. A Cottage Food application and $50 registration fee must be submitted annually to maintain registration.

Please contact the Clay County Health Department at (618) 662-4406 for more information about Cottage Food Operations or to request a paper copy of the registration form to be mailed to you.

Prohibited Foods Under Cottage Food Law in Illinois

The Food Handling Enforcement Act does not specifically state what foods can be sold under a Cottage Food Operation. Instead, it outlines which foods cannot be sold or used as an ingredient. Prohibited foods include:

• Meat, poultry, fish, seafood, or shellfish
• Dairy (except as an ingredient in a non-potentially hazardous baked good or candy or as an ingredient in a baked good frosting, such as buttercream)
• Eggs (except as an ingredient in a non-potentially hazardous food, including dry noodles, or as an ingredient in a baked good frosting, such as buttercream, if the eggs are not raw)
• Pumpkin pies, sweet potato pies, cheesecakes, custard pies, crème pies, and pastries with potentially hazardous fillings or toppings
• Garlic in oil or oil infused with garlic (except if the garlic oil is acidified)
• Low-acid canned foods
• Sprouts
• Cut leafy greens (except for cut leafy greens that are dehydrated, acidified, or blanched and frozen)
• Cut or pureed fresh tomato or melon
• Dehydrated tomato or melon
• Frozen cut melon
• Wild-harvested, non-cultivated mushrooms
• Alcoholic beverages
• Kombucha

Guidance for Baked Sales/Fundraisers

As specified in Illinois’ Food Handling Regulation Enforcement Act, a home kitchen operation does not include a person who produces or packages non-potentially hazardous baked goods for sale by a religious, charitable, or non-profit organization for fundraising purposes.

Farmers Markets

        Operating at Farmers Markets in Clay County

As provided by Illinois’ Farm Products Marketing Act, the following foods are allowed for sale or distribution at Farmers Markets with no restrictions:

• Fresh fruits and vegetables (only minimally rinsed to remove visible soil, but otherwise unprocessed)
• Grains, seeds, beans, nuts (only whole, unprocessed, and unsprouted)
• Popcorn (only un-popped; kernels can be removed from cob)
• Fresh herb sprigs, dried herbs in bunches, microgreens (only cut for harvesting and minimally rinsed to remove visible soil)
• Commercially raised mushrooms
• Raw honey, honey in the comb

The following foods are prohibited from sale or distribution at Farmers Markets:

• Wild-harvested mushrooms
• Home-canned and homemade foods (except those allowed under Cottage Food regulations)
• Raw milk or dairy products made with raw milk (except raw milk cheeses if made at a licensed dairy plant, cured at a temperature of not less than 35 degrees Fahrenheit, and aged more than 60 days)
• Ice cream (except ice cream made in a licensed dairy facility or retail food establishment from commercially pasteurized ice cream mix)
• Home vacuum-packaged products

Wholesale or Manufactured Food Operations

A Wholesale Food Operation, also known as a Manufactured Food Operation, is an operation which produces and sells food from one business to another for resale or reservice, such as selling food to a grocery store or restaurant. Manufactured Food is regulated by the Illinois Department of Public Health (IDPH). Please see IDPH’s Manufactured Food information on their website for the application, requirements for wholesaling food, and other important resources for manufactured food facilities.

Illinois Department of Public Health Manufactured Food

Food Safety Trainings

Consumer Food Safety

The following information will help you to select, store, and prepare foods properly.

Food Recalls

The following websites will provide you with the latest information on food recalls and alerts, as well as food illness outbreaks. If you have a product on the list, review the recall notice and follow the manufacturer’s instructions for disposing of the product safely.