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Idaho Cottage Food Law

Idaho cottage food law is now the Idaho Direct-to-Consumer Commerce Act. It lets you make food and nonalcoholic drinks in your home kitchen, on your farm or in another unlicensed space and sell them straight to the people who eat them, with no license, no inspection and no sales cap. Perishable foods are allowed too. The catch: every sale stays inside Idaho, you keep simple records, and each buyer gets a short notice that the food is not inspected.

Idaho cottage food law: map of the United States with Idaho highlighted
License or permitNoneNothing to apply for and no routine inspection. Agencies and health districts may not impose stricter licensing, inspection or labeling rules.Idaho Code 37-204, 37-205
Sales capNo limitThe Act sets no yearly sales limit.
Where you sellInside IdahoTo the informed end consumer, yourself or through a designated agent. No interstate sales, no wholesale.Idaho Code 37-205(2)
RecordsKeep 2 yearsWhat you sold, how much, when, when you made it, where, and where each ingredient came from.Idaho Code 37-208
01

From cottage food rule to Direct-to-Consumer Commerce Act

Idaho used to handle home food sales through a cottage food rule in the Idaho Food Code (IDAPA 16.02.19). Senate Bill 1283 replaced it with a law of its own: the Idaho Direct-to-Consumer Commerce Act, Chapter 2 of Title 37 of the Idaho Code. The Idaho Department of Health and Welfare (DHW) confirms the new Act replaces and supersedes the old rule.

Idaho Code 37-202The purpose is to facilitate the production and direct sale of homemade food and nonalcoholic drink products from producers to informed end consumers with minimal regulatory burden.

Homemade means grown, prepared or processed at a private or leased farm, a home kitchen or another non-licensed facility. It does not cover food cooked or served on site for immediate eating, like restaurant-style service, food trucks or concession trailers.

02

Shelf-stable and perishable foods

The Act sorts homemade food into two groups and allows both. Perishable food simply needs more care and handling instructions.

Shelf-stable (no temperature control)Perishable (41°F or below, or 135°F or above)
Hermetically sealed butters, jams, jellies and syrupsRegular and sugar-free butters, jams, jellies and syrups
Fermented foodsPickled products
Baked goods without perishable frosting or fillingBaked goods with frosting or filling made from animal products
Candies and chocolates that need no refrigerationCondiments and sauces
Granola, nut mixes, popcorn and dry soup mixesRaw doughs, fresh and dehydrated pastas
Roasted coffee beans and honeyCooked vegetables
Fruit leathers, pies and turnoversDrinks like coffee, lemonade, tea and soda
Dried, dehydrated and freeze-dried foodsEggs and egg products

Meat is the big exception. Sales under the Act may not involve meat or meat products, except:

  • Poultry of your own raising, up to 1,000 birds a year, if you buy and sell no other poultry
  • Live animals, and portions of live animals sold before slaughter (animal shares)
  • Domestic rabbit meat
  • Farm-raised fish, except catfish
  • Beef, lamb, pork and goat meat inspected by the USDA or another approved inspector

Milk and dairy products, and products derived from them, still have to meet Idaho's dairy laws, and raw milk its own chapter of the Idaho Code. The Act doesn't relax those, so check dairy-based items like cheesecake with your local public health district first.

03

Where and how you can sell

Every sale is between you, or your designated agent, and an informed end consumer: someone who knowingly buys a product sold under the Act, is the final buyer, and may not resell it. All production, processing, packaging, sale and delivery takes place inside Idaho.

Way of sellingAllowed?
From your home, farm, ranch or farm standYes
Direct to the consumer elsewhere in IdahoYes
Through a designated agent, like a cooperative or consignment marketYes, named in writing, and it never owns the food
Delivery to Idaho buyersYes
Shipping or selling to other statesNo
Wholesale, or as an ingredient in a restaurant or school kitchenNo

A designated agent can be a person, a cooperative market or a consignment-model market that markets, stores, transports, sells or delivers for you. A retail space that carries your products next to other food must keep them physically apart, down to separate shelves in coolers and freezers, with signs that show which area holds products sold under the Act.

04

No license, but a few duties

  • Give every buyer the inspection notice, your name and contact details, and the ingredients, on a sign, a label or a card.
  • Make, store, move and sell perishable food under conditions meant to keep it safe, and add handling instructions.
  • Keep records of each sale for at least 2 years.
  • Get familiar with the food safety material DHW publishes for producers.

Your records are confidential. They only go to a state agency or health district during a confirmed foodborne illness investigation, and the Act requires no routine reporting or inspection. If an investigation finds you kept no records, the fine can be up to $500.

Idaho Code 37-204(2)State agencies and political subdivisions may not adopt or enforce rules on the licensing, permitting, inspection, packaging or labeling of these products that are more stringent than the corresponding state or federal requirement.
05

When you outgrow the Idaho Direct-to-Consumer Commerce Act

DHW says wholesale operations are not exempt, and selling outside Idaho may need FDA approval. Supplying stores and restaurants or shipping to other states means a licensed food business, contact with your local public health district, and a full federal label with ingredients, net quantity and usually a Nutrition Facts panel.

FDA Food Labeling Requirements →
The label

What your Idaho label, sign or card must say

The Act lets you give this information on a clearly displayed sign, a label on the product, or a card handed to the buyer.

  1. 1
    The statement
    Word for word, with every product sold under the Act.
  2. 2
    Producer name and contact
    Your name and contact information.
  3. 3
    Ingredients
    Required whenever the product has more than one ingredient.
  4. 4
    Handling instructions
    Perishable foods only: enough to tell the buyer how to store and prepare the food safely.
  5. 5
    "Not for sale" on animal shares
    Meat delivered under an animal share carries a label that says not for sale.
  6. Required statement, word for wordCopy exactlyThis product is not subject to government food safety inspection or licensing requirements. It may contain allergens.
Questions

Idaho Cottage Food Law: questions

Not under that name. The Idaho Direct-to-Consumer Commerce Act replaced the cottage food rule in the Idaho Food Code. It covers more foods, including perishable ones, and needs no license.

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