Illinois law regulates the transportation of certain foods to protect public health, but it does not generally make it illegal for individuals to travel with common foods for personal use. Instead, the main legal restrictions focus on the commercial transportation of food, drugs, devices, cosmetics, and food packaging.
Illinois Food Transportation Laws
Commercial Transport:
The Illinois Food Safety Transportation Act (410 ILCS 630) applies to carriers providing transportation by motor vehicle in intrastate commerce.
It is unlawful for such carriers to transport food, drugs, devices, or cosmetics in any motor vehicle that has, within the past two years, transported a substance that would render food adulterated under the Illinois Food, Drug and Cosmetic Act.
The law aims to ensure the safe and sanitary transportation of food intended for human consumption.
Personal Travel:
There are no state laws prohibiting individuals from transporting food for personal consumption, as long as the food is properly handled and not intended for sale or distribution.
Food Handling and Permits:
If you are transporting food for commercial purposes (such as selling at farmers markets, operating a food truck, or catering), you must comply with food handling guidelines, obtain necessary permits, and follow local health department regulations.
Food must be obtained from approved sources and stored/prepared in approved locations.
Special Considerations
Certain Foods and Additives:
Illinois is considering legislation (such as SB 2637) to ban specific food additives in manufactured or distributed foods, but this does not affect personal travel with food containing these additives unless you are in the business of selling or distributing such products.
Temporary and Mobile Food Service:
If you are involved in temporary food service (like at festivals or fairs) or operate a mobile food business, you must follow strict guidelines for food storage, preparation, and transport.
Home-Prepared Foods:
Home-prepared foods cannot be sold or distributed unless prepared in a kitchen approved by the local health department.
Summary Table
| Scenario | Is It Illegal? | Notes/Requirements |
|---|---|---|
| Commercial food transport | Yes, if not compliant | Must follow Food Safety Transportation Act |
| Personal travel with food | No | No state law against it |
| Selling/distributing food | Yes, without permits | Must have permits, follow food safety codes |
| Home-prepared food for sale | Yes, unless approved | Must be prepared in approved kitchen |
Key Takeaways
-It is not illegal to travel with food for personal use in Illinois.
-Commercial transporters of food must comply with the Food Safety Transportation Act and other regulations.
-Special permits and approved kitchens are required for selling or distributing food.
-Proposed bans on certain additives affect manufacturers and distributors, not individuals traveling with food.
Always check local health department rules if you plan to sell or distribute food, as additional requirements may apply.
Sources:
- https://dph.illinois.gov/topics-services/food-safety/retail-food.html
- https://www.isba.org/sections/foodlaw/newsletter/2020/10/illinoisfoodlawregulationstoknow
- https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1578
- https://www.busfin.uillinois.edu/travel/planning_and_booking/business-travel-meals