Idaho
PermissiveIdaho Direct-to-Consumer Commerce Act (replaces and supersedes the former Cottage Food Rule, IDAPA 16.02.19) · Idaho Department of Health and Welfare (IDHW), Food Protection Program — foodprotection@dhw.idaho.gov, 208-334-5938,
The limits
- Sales cap
- None — the statute contains no income limit
- You can sell
- Both "shelf-stable" and "perishable" homemade foods/nonalcoholic drinks are allowed (a broader category than typical cottage food laws). Shelf-stable: hermetically sealed jams/jellies/marmalades/preserves/syrups, fermented food products, tallow, lard, fruit leathers/pies/turnovers, non-refrigerated chocolates/candies/confectioneries, non-refrigerated nonalcoholic drinks, non-refrigerated milk/dairy, nut mixes, granola, non-meat dry soup mixes, roasted coffee beans, popcorn, honey, dried/dehydrated/freeze-dried foods (including jerky), and baked goods without animal-based frosting/filling. Perishable (also allowed, under safe-handling conditions): nonalcoholic drinks requiring refrigeration, refrigerated chocolate/candy, condiments/sauces, uncut fruits/vegetables, milk/dairy, eggs/egg products, nut/seed/fruit butters, fresh/dehydrated pastas, raw doughs, refrigerated jams/jellies/etc., baked goods with animal-based frosting/filling, certain meat products (see Prohibited), cooked vegetables, and pickled products
- You cannot sell
- Meat/meat products generally, except: poultry raised by the producer (≤1,000 birds/year, not bought for resale), live animals, portions of live animals sold via "animal share" agreements, domestic rabbit meat, farm-raised fish (excluding catfish), and USDA/state-inspected cattle/sheep/swine/goat meat. Raw/fluid milk and dairy products require separate compliance with Idaho's dairy statutes; products under this Act cannot be used as an ingredient in a licensed food establishment
Getting set up
- Permit / registration
- No — no license, permit, registration, or fee of any kind
- Cost
- None
- Training
- No formal certification is mandated; the Department must provide educational materials and producers/agents must "become familiar" with them, but no test or certificate is required
- Kitchen inspection
- No routine inspection or reporting; records may be requested only during a confirmed foodborne-illness investigation
- Labeling
- A conspicuously displayed sign, product label, or card stating: "This product is not subject to government food safety inspection or licensing requirements. It may contain allergens." Must also include the producer's name and contact information, and an ingredient list if the product has two or more ingredients. Perishable products must additionally include safe handling/storage instructions
Where you can sell
- Permitted venues
- Direct sale from a producer or "designated agent" to an "informed end consumer" — farm stands, ranches, farms, and producers' homes; a retail space that also sells licensed food-establishment products must physically separate and clearly mark the Act's products
- Online sales
- Yes — the statute does not restrict the sales method, only that the transaction and delivery occur wholly within Idaho
- Delivery in state
- Yes, including via a designated agent
- Shipping out of state
- No — the statute explicitly requires that "all production, processing, packaging, sale, and delivery activities shall take place wholly within the state of Idaho" and "shall not constitute or involve interstate commerce"
The fine print
- Statute
- Idaho Code Title 37, Chapter 2 (Idaho Direct-to-Consumer Commerce Act), enacted by Senate Bill 1283 (2026)
- Recent changes
- SB 1283 (2026) — signed with an emergency clause, reported effective March 20, 2026 — creates this Act and completely replaces Idaho's prior cottage food rule (IDAPA 16.02.19) with a far broader direct-to-consumer framework covering many perishable foods, not just shelf-stable products
- Notes
- This is a brand-new (2026) law that is substantially broader than a typical "cottage food" statute — it covers many perishable, non-shelf-stable foods and a limited set of meat products. Producers/agents must keep transaction records (product type/quantity, sale date, production date, sourcing) for at least 2 years; failure to maintain records during a foodborne-illness investigation carries a fine of up to $500. No MEHKO-specific law distinct from this Act was identified for Idaho.
