posted in rural/farm life, from my farm blog-

[mopinko]

i'd be so sunk without the hive mind. the things i learn.
from a discussion on the advocates for urban agriculture message board about sales of produce from gardens and farms-

I have always thought that state law made it very clear that sales are completely permissible and even the idea that you can only have incidental sales as part of zoning is actually illegal so long as you are on private property. The following is the text for the IL Farm Products Marketing Act, the law goes back to the late 1800s and there is only one court case related to it in which the courts ruled that the state could still charge a sales tax but in a way affirmed the rest of the law.

(505 ILCS 70/1) (from Ch. 5, par. 91)
Sec. 1. Every farmer, fruit and vine grower, and gardener, shall have an undisputed right to sell the produce of his farm, orchard, vineyard and garden in any place or market where such articles are usually sold, and in any quantity he may think proper, without paying any state, county or city tax, or license, for doing so, any law, city or town ordinance to the contrary notwithstanding: Provided, that the corporate authorities of any such city, town or village may prohibit the obstruction of its streets, alleys and public places for any such purpose: And, provided further, that nothing in this Act shall be so construed as to authorize the sale of spirituous, vinous or malt liquors, contrary to laws which now are or hereafter may be in force prohibiting the sale thereof.
(Source: P.A. 84-1308.)

that pesky old home rule thing might be able to trump this. but the city laws def do not comport with this.
later in the discussion it was noted that every state has some sort of right to grow, right to sell law.

i had no idea.