Idaho Cottage Food Law

Idaho's cottage food law sets no statewide revenue cap and no state permit or registration is required. Idaho's Direct-to-Consumer Commerce Act (Idaho Code ch. 37-2) covers sales from a producer, or a designated agent named in writing, to an informed end consumer: the final purchaser, who may not resell or redistribute the product (§ 37-203(6)). Every transaction must occur entirely within Idaho, and all production, processing, packaging, sale, and delivery must take place wholly within the state (§ 37-205(2)(b)), so shipping out of state is not covered. The Act names no specific venues (its stated purpose mentions farm stands, ranches, farms, and producers' homes, § 37-202) and does not restrict how an in-state order is placed. A designated agent may be a person, cooperative market, consignment model market, or other entity that markets, transports, stores, sells, or delivers the product, but it may not take ownership of it (§ 37-203(3)). Products may not be used as an ingredient in a food establishment, including public school kitchens (§ 37-204(3)(d)), and DHW says wholesale operations are not exempt. A retail space associated with a commercial food establishment that offers these products must physically separate them and mark that area with signs (§ 37-205(5)).

Watch for: Everything must stay inside Idaho and go to the final consumer: out-of-state shipping, wholesale, and sales to anyone who will resell the product are outside the Act, and the products cannot be used as an ingredient in a restaurant or other food establishment. Keep two years of transaction records (§ 37-208), and give every buyer the exact statement, your name and contact information, and an ingredient list on a sign, label, or card. Guides that describe the former IDAPA 16.02.19 cottage food rule are out of date.

Annual revenue cap

No cap

Permit / registration

Not required

Kitchen inspection

Not required

Food handler training

Not required

Acidified foods

Permitted (pH test)

Interstate shipping

In-state only

Where you can sell

Idaho's Direct-to-Consumer Commerce Act (Idaho Code ch. 37-2) covers sales from a producer, or a designated agent named in writing, to an informed end consumer: the final purchaser, who may not resell or redistribute the product (§ 37-203(6)). Every transaction must occur entirely within Idaho, and all production, processing, packaging, sale, and delivery must take place wholly within the state (§ 37-205(2)(b)), so shipping out of state is not covered. The Act names no specific venues (its stated purpose mentions farm stands, ranches, farms, and producers' homes, § 37-202) and does not restrict how an in-state order is placed. A designated agent may be a person, cooperative market, consignment model market, or other entity that markets, transports, stores, sells, or delivers the product, but it may not take ownership of it (§ 37-203(3)). Products may not be used as an ingredient in a food establishment, including public school kitchens (§ 37-204(3)(d)), and DHW says wholesale operations are not exempt. A retail space associated with a commercial food establishment that offers these products must physically separate them and mark that area with signs (§ 37-205(5)).

Direct (in-person)
Farmers markets
Online (in-state)
Online order, in-person pickup
Consignment

What's required before your first sale

No license, permit, registration, fee, routine inspection, food safety training, or sales cap. The Act bars state agencies and local governments from enforcing licensing, permitting, inspection, packaging, or labeling rules for these products that are more stringent than the corresponding state or federal requirement (§ 37-204(2)). Producers and designated agents must become familiar with the food safety educational material DHW publishes (§ 37-206). Records of each transaction (type and quantity sold, sale date, production date, where the product was made, and where each ingredient was produced or acquired) must be kept for at least two years; they are confidential except in a confirmed foodborne illness investigation, and a producer found during such an investigation not to have kept them may be fined up to $500 (§ 37-208). Perishable food must be produced, processed, stored, transported, and sold under conditions reasonably intended to maintain its safety (§ 37-205(4)(a)). Milk and dairy products still require full compliance with Idaho's dairy laws, and raw milk with Idaho Code title 37, chapter 11 (§ 37-204(3)(b)-(c)).

Allowed and excluded foods

Examples of permitted foods

Any food is allowed except those listed under “Excluded” →

shelf-stable baked goods without frosting or filling made from animal products or other perishable ingredients, plus fruit leathers, pies, and turnovers
hermetically sealed butters, jams, jellies, marmalades, preserves, and syrups
fermented foods and pickled products
chocolates, candies, and confectioneries
honey, granola, nut mixes, popcorn, roasted coffee beans, and dry soup mixes without meat
dried, dehydrated, and freeze-dried foods (the Act lists jerky products as shelf-stable, but meat products are limited to the exceptions in § 37-205(2)(c))
tallow and lard
perishable foods kept at 41°F or below or 135°F or above, such as baked goods with frosting or filling made from animal products, raw doughs, fresh and dehydrated pastas, cooked vegetables, condiments and sauces, nut, seed, and fruit butters, eggs and egg products, and nonalcoholic drinks (§ 37-203(7))
poultry and poultry products from a producer who slaughters no more than 1,000 birds of their own raising a year, domestic rabbit meat, farm-raised fish other than catfish, and meat from cattle, sheep, swine, and goats inspected by the USDA or another approved inspector (§ 37-205(2)(c))

Illustrative examples, not a complete list.

Excluded from cottage food

meat and meat products, except the poultry, rabbit, farm-raised fish, inspected meat, live animal, and animal share exceptions in §§ 37-205(2)(c) and 37-207
milk and dairy products, unless the producer or designated agent fully complies with Idaho Code title 37, chapters 3, 4, 5, and 12 (§ 37-204(3)(b))
raw milk and raw milk products, unless the producer or designated agent fully complies with Idaho Code title 37, chapter 11 (§ 37-204(3)(c))
food prepared, cooked, or served on-site for immediate consumption, such as restaurant-style food service, mobile food units, or concession trailers (not "homemade" under § 37-203(5))
alcoholic drinks (the Act covers food and nonalcoholic drinks only)

Label requirements

Idaho Code § 37-205(3) lets the required information appear on a conspicuously displayed sign, a label affixed to the product, or a card given to the buyer; the producer or designated agent must also inform the buyer that the product is not subject to inspection or licensing
Verbatim disclosure required under Idaho Code § 37-205(3)(b)(i), conspicuously displayed: "This product is not subject to government food safety inspection or licensing requirements. It may contain allergens." (Idaho permits this on the product label, a conspicuous sign, or a card given to the buyer)
Name and contact information of the producer (§ 37-205(3)(b)(ii))
List of ingredients when the product contains two or more ingredients (§ 37-205(3)(b)(iii))
For perishable food: handling instructions sufficient to inform the consumer of safe storage and preparation practices (§ 37-205(4)(b))
Meat delivered under an animal share: a label on the meat packaging that states "not for sale" (§ 37-207(1)(d))
The Act does not exempt products from weights and measures laws (§ 37-204(3)(a)), so a net quantity statement may still be required for packaged goods
A "Contains:" line naming the major food allergens (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, sesame) is not required by the Act, which relies on the "It may contain allergens" sentence, but it remains good practice

How Ardent Seller helps

Generate your Idaho disclosure label in one click

Ardent Seller assembles a print-ready cottage food label for Idaho from data you already track — the state's required disclosure statement rendered verbatim (and sized to meet the state's minimum type size where one applies), your operator info, ingredients in descending order by weight, the federal "Contains:" allergen line, net weight, and lot code. A validation checklist flags anything Idaho requires that's missing before you print. Included on every plan.

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