Cottage Food Label Requirements in Idaho (2026)

Cottage food rules in Idaho — the whole program

Who can sell homemade food in Idaho

Idaho no longer has a cottage food rule. Senate Bill 1283 of the Second Regular Session of the Sixty-eighth Legislature (2026) added a new Chapter 2 to Title 37, Idaho Code, the Idaho Direct-to-Consumer Commerce Act (Idaho Code sections 37-201 through 37-208). It carried an emergency clause and took effect on and after its passage and approval; the Idaho Department of Health and Welfare (DHW), the enforcing department named in the Act, states the effective date as March 20, 2026, and states that the Act 'replaces and supersedes the cottage food rule that was defined previously in IDAPA 16.02.19'. IMPORTANT CORRECTION TO ANY OLDER GUIDANCE: it is no longer accurate to describe Idaho as governed by the Idaho Food Code exemption administered district by district. Section 39-1602, Idaho Code, was amended by the same bill so that 'those operating pursuant to chapter 2, title 37, Idaho Code' are expressly excluded from the definition of 'food establishment' — which is the definition the seven public health districts license and inspect under the Idaho Food Code. Who qualifies: a 'producer' is any person who grows, harvests, prepares or processes any food or nonalcoholic drink product under the chapter (section 37-203(9)). 'Homemade' means foods or nonalcoholic drinks grown, prepared or processed at a private or leased farm, home kitchen, or other non-licensed facility; it does not include food prepared, cooked or served on-site for immediate consumption, including restaurant-style food service, mobile food units, concession trailers, or other facilities preparing ready-to-eat meals (section 37-203(5)). Sales must be to an 'informed end consumer' — a person who knowingly purchases, is the final purchaser, does not resell or redistribute, and for whom resale or redistribution is unlawful (section 37-203(6)). A producer may name a 'designated agent' in writing — a person, cooperative market, consignment model market or other entity that facilitates marketing, transport, storage, selling and delivery, and that shall not take ownership of the product (section 37-203(3)). Every transaction must occur entirely within Idaho and must not constitute or involve interstate commerce: all production, processing, packaging, sale and delivery activities must take place wholly within the state (section 37-205(2)(b)). The Act is unusually broad by national standards because it permits perishable, time/temperature-controlled homemade food, not only shelf-stable food.

What you may and may not sell

Allowed:

• Shelf-stable homemade food and drinks, defined at section 37-203(10) as those not requiring time or temperature control; the statutory list is expressly non-exhaustive ('includes but is not limited to')
• Hermetically sealed butters, jams, jellies, marmalades, preserves and syrups (section 37-203(10)(a))
• Fermented food products (section 37-203(10)(b))
• Tallow and lard (section 37-203(10)(c)-(d))
• Fruit leathers, pies and turnovers (section 37-203(10)(e))
• Chocolates, candies and confectioneries that do not need to be refrigerated (section 37-203(10)(f))
• Nonalcoholic drinks that do not need to be refrigerated (section 37-203(10)(g))
• Milk and dairy products that do not need to be refrigerated (section 37-203(10)(h)) — subject to the separate dairy compliance condition in section 37-204(3)(b)-(c)
• Nut mixes, granola, popcorn, roasted coffee beans, honey (section 37-203(10)(i)-(n))
• Dry soup mixes, excluding meat-based soup mixes (section 37-203(10)(k))
• Dried, dehydrated and freeze-dried foods, including jerky products (section 37-203(10)(o))
• Baked goods that do not include frosting or filling made from animal products or other perishable ingredients (section 37-203(10)(p))
• PERISHABLE homemade food and drinks — foods requiring time or temperature control at 41 degrees Fahrenheit or below (cold) or 135 degrees Fahrenheit or above (hot) — are permitted by section 37-205(1); the non-exhaustive statutory list is at section 37-203(7)
• Nonalcoholic drinks including coffee, lemonade, tea and soda (section 37-203(7)(a))
• Chocolate, candies and confectioneries; condiments and sauces (section 37-203(7)(b)-(c))
• Fruits and vegetables that remain uncut post-harvest; cooked vegetables; pickled products (section 37-203(7)(d), (m), (n))
• Milk and dairy products; eggs and egg products (section 37-203(7)(e)-(f)) — dairy subject to section 37-204(3)(b)-(c)
• Nut, seed and fruit butters (section 37-203(7)(g))
• Fresh and dehydrated pastas; raw doughs (section 37-203(7)(h)-(i))
• Regular and sugar-free butters, jams, jellies, marmalades, preserves and syrups (section 37-203(7)(j))
• Baked goods that include frosting or filling made from animal products or other perishable ingredients (section 37-203(7)(k))
• Poultry and poultry products, where the producer slaughters no more than 1,000 poultry of the producer's own raising in any one calendar year, does not buy or sell poultry products other than from poultry of the producer's own raising, and the product is not adulterated or misbranded (section 37-205(2)(c)(i))
• Live animals, and portions of live animals sold before slaughter for future delivery, including under the animal share provision at section 37-207 (section 37-205(2)(c)(ii)-(iii))
• Domestic rabbit meat (section 37-205(2)(c)(iv))
• Farm-raised fish, provided the fish is raised in accordance with Idaho Code and is not catfish (section 37-205(2)(c)(v))
• Meat from cattle, sheep, swine and goats that has been inspected by the United States Department of Agriculture or another approved inspector (section 37-205(2)(c)(vi))

Not allowed under the program:

• Meat and meat products generally: section 37-205(2)(c) bars transactions involving the sale of meat or meat products except the six enumerated cases (own-raised poultry under 1,000 birds, live animals, portions of live animals before slaughter, domestic rabbit, non-catfish farm-raised fish, and USDA-or-approved-inspector-inspected cattle, sheep, swine and goats). Catfish is expressly outside the farm-raised fish allowance
• Meat-based dry soup mixes (excluded from the shelf-stable list at section 37-203(10)(k))
• Milk and dairy products, and products derived from them, unless the producer or designated agent is in full compliance with the applicable provisions of chapters 3, 4, 5 and 12, title 37, Idaho Code (section 37-204(3)(b)) — the Act does not by itself authorise dairy sales
• Raw milk and raw milk products, and products derived from them, unless the producer or designated agent is in full compliance with applicable provisions of chapter 11, title 37, Idaho Code (section 37-204(3)(c))
• Food prepared, cooked or served on-site for immediate consumption, including restaurant-style food service, mobile food units, concession trailers and other facilities preparing ready-to-eat meals — excluded from the definition of 'homemade' at section 37-203(5)
• Any product used as an ingredient in a food establishment as defined in section 39-1602, Idaho Code, including in public school kitchen facilities (section 37-204(3)(d))
• Meat obtained through an animal share may not be sold, donated or commercially redistributed by the person who obtained it, and its packaging must be labelled 'not for sale' (sections 37-207(1)(d) and 37-207(3))
• NOTE ON CANNED GOODS: the statute contains no express prohibition on acidified or low-acid canned foods. It lists 'hermetically sealed' butters, jams, jellies, marmalades, preserves and syrups as shelf-stable, and 'pickled products' as perishable. Some commercial guides state that acidified and low-acid canned goods are excluded in Idaho; that exclusion was NOT found in the text of SB 1283. Producers of low-acid canned foods should note that federal 21 CFR Part 113 registration and process filing obligations are not displaced by a state statute, and section 37-205(1) allows sales only 'to the fullest extent permitted by applicable state and federal law'

How much you may sell

No sales cap. SB 1283 sets no annual revenue limit, no gross sales limit and no volume limit on homemade food or nonalcoholic drink sales; no such figure appears anywhere in sections 37-201 through 37-208. The only numeric limits in the Act are the 1,000-poultry-per-calendar-year slaughter ceiling for the own-raised poultry allowance (section 37-205(2)(c)(i)1.), the 41/135 degrees Fahrenheit thresholds defining perishable food (section 37-203(7)), the two-year record retention period (section 37-208(4)), and the $500 maximum fine for a recordkeeping failure discovered during a confirmed foodborne illness investigation (section 37-208(7)).

Where you may sell

• Direct sales from the producer to an informed end consumer (section 37-205(2)(a))
• Sales through a designated agent named in writing by the producer, including a cooperative market or a consignment model market, where the agent does not take ownership of the product (section 37-203(3)); this makes Idaho unusual in permitting consignment-model and cooperative sales that most states' cottage food statutes forbid
• Farm stands — temporary or permanent structures operated by a producer or designated agent for the sale of homemade shelf-stable food, perishable food or nonalcoholic drinks (section 37-203(4))
• Farms, ranches and the producer's home, expressly encouraged in the purpose clause at section 37-202
• Delivery by the producer or designated agent, provided the delivery takes place wholly within Idaho (sections 37-203(3) and 37-205(2)(b))
• Retail space shared with, or associated with, a commercial food establishment is permitted but conditioned: products sold under the chapter must be physically separated from other products, including on shelving in coolers, freezers, warehouses or other storage areas, and signs or markings must clearly indicate which area offers products available under the chapter (section 37-205(5))
• PROHIBITED: any transaction that is not with an informed end consumer — the definition at section 37-203(6) excludes anyone who resells or redistributes
• PROHIBITED: any interstate element. Section 37-205(2)(b) requires all production, processing, packaging, sale and delivery to occur wholly within Idaho and states that transactions shall not constitute or involve interstate commerce. Online ordering and shipping are not addressed by name in the statute; on the face of section 37-205(2)(b) an intrastate mail or courier delivery is not excluded, but any shipment crossing the state line is
• PROHIBITED: supplying product as an ingredient to a food establishment as defined in section 39-1602, Idaho Code, including public school kitchens (section 37-204(3)(d))

Permit, registration and fees

Idaho requires no state permit or registration for a cottage food operation.

1. No application, registration, permit or approval step exists. The obligations that replace them are substantive and continuous rather than procedural:
2. Provide the consumer notification: a conspicuously displayed sign, a label affixed to the food product, or a card given to the informed end consumer, which must state verbatim 'This product is not subject to government food safety inspection or licensing requirements. It may contain allergens.', include the name and contact information of the producer, and include a list of ingredients used in the product if it contains two or more ingredients (section 37-205(3))
3. For perishable food, include handling instructions sufficient to inform the consumer of safe storage and preparation practices, and produce, process, store, transport and sell under conditions reasonably intended to maintain the safety and integrity of the product (section 37-205(4))
4. Keep transaction records identifying the type and quantity of product sold, the date of sale, the date of production, where the homemade food product was produced, and where each ingredient was produced or acquired; name any designated agent in the record for each transaction the agent conducted; retain records at least two years from the date on the record (section 37-208(1), (3), (4))
5. For an animal share, keep the written contract or bill of sale as the record (section 37-208(2)), establish ownership before slaughter, conduct slaughter under section 25-1120 where applicable, and affix a 'not for sale' label to the meat packaging (section 37-207(1))
6. Where a retail space is associated with a commercial food establishment, physically separate the chapter products and post the required signage (section 37-205(5))
7. Become familiar with the food safety educational material published by the Department (section 37-206(2))

Fee: $0. SB 1283 imposes no fee, and no license, permit or registration exists to charge one against. The only monetary exposure created by the Act is a fine not to exceed $500, which may be imposed only where the Department finds during an investigation of a foodborne illness that the producer or designated agent failed to maintain the required records (section 37-208(7)).

Renewal: Not applicable — nothing is issued, so nothing expires or renews.

Food safety training

No food safety training, food handler card or certificate is required. Section 37-206 places the duty on the Department, not the producer: DHW 'shall compile educational information on food safety, shelf-stable and perishable food storage, and prevention of the spread of foodborne illness and shall make such information publicly available'. Section 37-206(2) then provides that 'producers and designated agents shall become familiar with the educational material provided by the department'. That is a statutory duty to be familiar with the material, but the Act attaches no certificate, no course, no examination, no hour count and no penalty to it; the only penalty provision in the chapter is the recordkeeping fine at section 37-208(7). Some commercial guides describe Idaho training as 'optional but recommended', which understates section 37-206(2); it is a duty without a credential.

Inspection

No routine inspection. Section 37-205(3)(a) requires the producer to tell the consumer that the product 'is not subject to inspection or licensing', which is the operative legal position. Section 37-208(8) states that nothing in the recordkeeping section 'shall be construed to require routine reporting, inspection, or submission of records absent a confirmed foodborne illness investigation'. Records are confidential, exempt from the Idaho Public Records Act by the amendment to section 74-107, and 'shall not be disclosed or surrendered to any state agency, political subdivision, or health district except in the event of a confirmed foodborne illness investigation' (section 37-208(5)). SB 1283 also amended section 37-133 (inspection of establishments) and section 37-118 (tagging and detention of articles suspected of being adulterated or misbranded) to carve out products produced, packaged or sold pursuant to chapter 2, title 37. What remains: DHW may not be impeded in any investigation of confirmed foodborne illness (section 37-204(3)(e)); nothing limits liability in cases of gross negligence or misrepresentation by a producer or designated agent (section 37-204(3)(f)); and weights and measures, representation, marketing or branding, and pesticide, fertiliser, pest, weed and disease-prevention laws continue to apply (section 37-204(3)(a)).

What your city or county may add

Idaho preempts local rules, which is the single largest change from the pre-2026 position where the seven public health districts (Panhandle, North Central, Southwest, Central, South Central, Southeastern and Eastern Idaho) each applied the Idaho Food Code exemption in their own way. Section 37-204(1) declares the legislature's intent 'to wholly occupy the field of products made directly available to consumers pursuant to this chapter within this state'. Section 37-204(2) provides that, except as expressly authorised by state statute, 'agencies and political subdivisions of this state shall not adopt, continue in effect, or enforce any ordinance, rule, regulation, resolution, or policy pertaining to the licensing, permitting, inspection, packaging, or labeling of products made available pursuant to this chapter that is more stringent than the corresponding state or federal requirement', and that any conflicting law, rule, ordinance or policy 'is hereby declared to be unenforceable'. The structural mechanism sits in the amended section 39-1602(2)(h), which removes 'those operating pursuant to chapter 2, title 37, Idaho Code' from the definition of 'food establishment' — the hook for health district licensing. Central District Health's food establishments page now states that 'regulations regarding Direct-to-Consumer food products (formerly called Cottage Food products) have changed' and refers producers to the DHW food safety page rather than to the district. What is NOT preempted: preemption is limited by its own terms to licensing, permitting, inspection, packaging and labeling of chapter 2 products. Zoning, land use, building, sign, business licence and sales tax obligations are outside that list and continue to apply; nothing in the Act was found addressing them. A producer who also operates a licensed food establishment, a mobile unit, a concession trailer or a temporary event booth serving ready-to-eat food remains a licensee of the health district for that activity, because such activity falls outside the 'homemade' definition at section 37-203(5).

Program sources: Idaho Senate Bill No. 1283 (2026), Sixty-eighth Legislature, Second Regular Session, by Agricultural Affairs Committee — full 20-page text, creating Chapter 2, Title 37, Idaho Code (Idaho Direct-to-Consumer Commerce Act, sections 37-201 to 37-208) and amending sections 22-703, 22-801, 22-901, 37-118, 37-133, 37-1520, 37-1523A, 39-1602 and 74-107, with an emergency clause. Official URL https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2026/legislation/S1283.pdf — READ VIA REPRODUCTION at https://r.jina.ai/https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2026/legislation/S1283.pdf (reader proxy of the official PDF; source metadata Published Time Fri, 13 Feb 2026) · Idaho Department of Health and Welfare, Food Safety program page (enforcing department; states the Idaho Direct-to-Consumer Commerce Act, Senate Bill No. 1283, is effective March 20, 2026 and 'replaces and supersedes the cottage food rule that was defined previously in IDAPA 16.02.19'; reproduces the required consumer notification wording, the sign/label/card alternatives, the producer name and contact and two-or-more-ingredients list requirements; states that wholesale operations are not exempted) — https://healthandwelfare.idaho.gov/health-wellness/community-health/food-safety · Central District Health, Food Establishments and Food Safety page (one of the seven Idaho public health districts; states that regulations for Direct-to-Consumer food products, formerly called Cottage Food products, have changed under the Idaho Direct-to-Consumer Commerce Act, SB 1283, and refers producers to the DHW food safety page) — https://cdh.idaho.gov/licenses-permits-inspections/food-establishments/ · Idaho Administrative Code IDAPA 16.02.19 (Idaho Food Code), still linked from the DHW food safety page as the former cottage food rule — https://adminrules.idaho.gov/rules/current/16/160219.pdf (referenced for the supersession only; not re-read for this record)