Idaho cottage food law

The rules at a glance

Idaho Direct-to-Consumer Commerce Act

• Unattended honesty stand?

  Not addressed

  The act doesn't mention unattended, self-serve or honor-system stands.

• Sign up with the state?

  No

  The act says the food is not subject to inspection or licensing.

  Source

  • Producers or designated agents selling food or drinks through the Idaho Direct-to-Consumer Commerce Act must inform the end consumer that their products are not subject to inspection or licensingIdaho Department of Health and Welfare: Food Safety
  • A producer or designated agent shall inform the end consumer that any homemade shelf-stable or perishable food product sold pursuant to this chapter is not subject to inspection or licensingIdaho Code 37-205, Direct-to-consumer transactions and requirements
  • 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 chapterIdaho Code 37-204, Preemption and applicability

• Food safety class?

  No

  Producers must become familiar with DHW's food safety material; no class or card is required.

  Source

  • Producers and designated agents shall become familiar with the educational material provided by the departmentIdaho Code 37-206, Department to provide educational material

• Kitchen inspection?

  Sometimes

  No routine checks. DHW can investigate a confirmed foodborne illness.

  Source

  • Nothing in this section shall be construed to require routine reporting, inspection, or submission of records absent a confirmed foodborne illness investigationIdaho Code 37-208, Recordkeeping
  • Impede the department of health and welfare in any investigation of confirmed foodborne illnessIdaho Code 37-204, Preemption and applicability

• Yearly sales limit

  No limit

  The act sets no yearly sales cap.

  Source

  • Producers operating pursuant to this chapter may sell homemade shelf-stable or perishable food products to the fullest extent permitted by applicable state and federal lawIdaho Code 37-205, Direct-to-consumer transactions and requirements

• Foods that need a fridge?

  Yes

  Perishable food is allowed, with safe handling and storage instructions.

  Source

  • "Perishable food" means homemade food and drinks that require time or temperature control at a temperature of forty-one (41) degrees Fahrenheit or below for cold foodsIdaho Code 37-203, Definitions
  • Producers operating pursuant to this chapter may sell homemade shelf-stable or perishable food products to the fullest extent permitted by applicable state and federal lawIdaho Code 37-205, Direct-to-consumer transactions and requirements
  • Perishable food products shall include information on handling instructions sufficient to inform the consumer of safe storage and preparation practicesIdaho Code 37-205, Direct-to-consumer transactions and requirements

• Take orders online?

  Not addressed

  The act doesn't say whether orders can be taken online or by phone.

• Ship or mail orders?

  Sometimes

  Delivery must stay within Idaho. The act excludes interstate commerce.

  Source

  • All production, processing, packaging, sale, and delivery activities shall take place wholly within the state of IdahoIdaho Code 37-205, Direct-to-consumer transactions and requirements
  • a person, cooperative market, consignment model market, or other entity designated by a producer to facilitate producer-to-consumer transactions, including marketing, transport, storage, selling, and delivery of food or nonalcoholic drink productsIdaho Code 37-203, Definitions

• Sell through shops?

  Sometimes

  Consignment markets can sell as your designated agent; wholesale is not exempt.

  Source

  • If a retail space is in any way associated with a commercial food establishment or offers any food product available pursuant to this chapter for saleIdaho Code 37-205, Direct-to-consumer transactions and requirements
  • a person, cooperative market, consignment model market, or other entity designated by a producer to facilitate producer-to-consumer transactions, including marketing, transport, storage, selling, and delivery of food or nonalcoholic drink productsIdaho Code 37-203, Definitions
  • Wholesale operations are not exempted from regulation by the Idaho Direct-to-Consumer Commerce ActIdaho Department of Health and Welfare: Food Safety

What goes on the label