Idaho Cottage Food Laws

Idaho's Direct-to-Consumer Commerce Act, Idaho Code 37-201 through 37-208, took effect March 20, 2026, and replaced the state's cottage food rule. It lets producers sell homemade shelf-stable and perishable food and nonalcoholic drinks directly to informed end consumers without a state license or inspection. Every transaction must occur entirely within Idaho, and the producer must give the buyer a notice that the food is not inspected or licensed. The law has no sales cap. Meat sales are limited, and homemade food may not be used as an ingredient in a licensed food establishment. This guide covers what you can sell, how you can sell, the notice and when you need a license instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Idaho Department of Health and Welfare, your public health district or an attorney before you start selling.

Quick facts

• Producers may sell homemade shelf-stable or perishable food products to the fullest extent permitted by state and federal law. Idaho Code 37-205(1)
• Sales must be between a producer or designated agent and an informed end consumer, and must occur entirely within Idaho. Idaho Code 37-205(2)
• No state sales cap appears in the act. Idaho Code 37-205
• You must tell buyers the food is not inspected or licensed, by sign, label or card. Idaho Code 37-205(3)
• Keep transaction records for at least two years. Idaho Code 37-208

What the law calls it

• Idaho uses "homemade" food, "producer," "designated agent," "informed end consumer," "shelf-stable food" and "perishable food." The law is the Idaho Direct-to-Consumer Commerce Act. IDHW says it replaces the cottage food rule formerly in IDAPA 16.02.19. Idaho Code 37-203; IDHW Food Safety

Foods you can sell

• Shelf-stable foods, such as sealed jams, jellies and syrups; fermented foods; tallow and lard; fruit leathers, pies and turnovers; shelf-stable candies; nut mixes; granola; dry soup mixes without meat; roasted coffee beans; popcorn; honey; dried, dehydrated and freeze-dried foods, including jerky; and baked goods without perishable frosting or filling. Idaho Code 37-203(10)
• Perishable foods that need time or temperature control, such as nonalcoholic drinks, condiments and sauces, eggs, raw doughs, cooked vegetables, pickled products and baked goods with perishable fillings. Idaho Code 37-203(7)
• Perishable foods must be kept safe during production, storage and transport and must carry safe handling instructions. Idaho Code 37-205(4)

Foods you cannot sell

• Meat and meat products, except poultry from producers who slaughter no more than 1,000 of their own birds a year, live animals, animal shares, domestic rabbit, farm-raised fish other than catfish and meat from cattle, sheep, swine and goats inspected by USDA or another approved inspector. Idaho Code 37-205(2)(c)
• Milk and dairy products, including raw milk, unless the producer complies with Idaho's dairy laws. Idaho Code 37-204(3)(b), (c)
• Food prepared or served on-site for immediate consumption, such as restaurant-style service or food trucks, is not "homemade" under the act. Idaho Code 37-203(5)

Sales limit

• The act does not set a dollar or volume limit. Idaho Code 37-205

Licenses and registration

• No license or inspection is required for sales that follow the act. State agencies and local governments may not adopt licensing, permitting, inspection, packaging or labeling rules stricter than state or federal requirements. Idaho Code 37-204(2); IDHW Food Safety
• Producers must become familiar with IDHW's food safety educational material. Idaho Code 37-206

Where and how you can sell

• At farm stands, ranches, farms, producers' homes and other places where a producer or designated agent sells to an informed end consumer. Idaho Code 37-202; Idaho Code 37-205(2)(a)
• Online: the act does not mention online sales. All production, sale and delivery must occur within Idaho. Idaho Code 37-205(2)(b)
• Delivery: a designated agent may market, transport, store, sell and deliver for the producer. Idaho Code 37-203(3)
• Shipping to other states: not allowed. Transactions must occur entirely within Idaho and may not involve interstate commerce. IDHW says sellers outside Idaho may need FDA approval. Idaho Code 37-205(2)(b); IDHW Food Safety
• Stores: a retail space selling these products must keep them physically separate from other products and mark the area with signs. Idaho Code 37-205(5)
• Wholesale: IDHW says wholesale operations are not exempt. The buyer must be the final purchaser and may not resell. IDHW Food Safety; Idaho Code 37-203(6)
• Restaurants: homemade products may not be used as an ingredient in a food establishment, including public school kitchens. Idaho Code 37-204(3)(d)

Notice and labeling rules

• Tell the buyer the food is not subject to inspection or licensing. A sign, label or card must state: "This product is not subject to government food safety inspection or licensing requirements. It may contain allergens." Idaho Code 37-205(3)
• The notice must include the producer's name and contact information and, for products with two or more ingredients, a list of ingredients. Idaho Code 37-205(3)(b)
• Weights and measures and marketing laws still apply. Idaho Code 37-204(3)(a)

Zoning, HOAs and local rules

• Local governments may not adopt licensing, permitting, inspection, packaging or labeling rules stricter than state or federal requirements for these products. Zoning and business license rules are not addressed, so check with your city or county. Idaho Code 37-204(2)
• Check your HOA documents, since the state does not review private covenants.

Inspections

• No routine inspection. IDHW may investigate a confirmed foodborne illness, and records must be produced only in that case. A producer who has not kept records may be fined up to $500. Idaho Code 37-204(3)(e); Idaho Code 37-208

When you need a license instead

• Out-of-state sales, wholesale, sales for resale and food used in a licensed food establishment fall outside the act. Contact IDHW or your public health district about a food establishment license. Idaho Code 37-205(2); Idaho Code 37-204(3)(d); IDHW Food Safety

Timeline

• March 20, 2026: S 1283 took effect as Session Law Chapter 91, creating the Idaho Direct-to-Consumer Commerce Act and replacing the cottage food rule in IDAPA 16.02.19. 2026 S 1283; IDHW Food Safety
• Oct. 13, 2026: this page was last reviewed against the Idaho Code.

Frequently asked questions

Do I need a license to sell homemade food in Idaho?

No, if you sell under the Direct-to-Consumer Commerce Act to an informed end consumer in Idaho. Sources: Idaho Code 37-204(2); IDHW Food Safety.

Does Idaho still have a cottage food rule?

No. IDHW says the 2026 act replaces the cottage food rule formerly in IDAPA 16.02.19. Source: IDHW Food Safety.

Is there a sales cap in Idaho?

The act does not set one. Source: Idaho Code 37-205.

Can I ship homemade food out of Idaho?

No. Every transaction must occur entirely within Idaho and may not involve interstate commerce. Source: Idaho Code 37-205(2)(b).

Can I sell homemade food online in Idaho?

The act does not mention online sales, but all sale and delivery activity must occur in Idaho. Source: Idaho Code 37-205(2)(b).

Can I sell perishable foods like cheesecake in Idaho?

Yes. Perishable foods are allowed if kept safe and sold with handling instructions. Sources: Idaho Code 37-203(7); Idaho Code 37-205(4).

Can I sell homemade food to restaurants in Idaho?

No. Products may not be used as an ingredient in a food establishment. Source: Idaho Code 37-204(3)(d).

Can I sell homemade food in a store in Idaho?

A retail space may offer the products if they are kept separate and marked with signs. Source: Idaho Code 37-205(5).

What notice do I have to give buyers in Idaho?

"This product is not subject to government food safety inspection or licensing requirements. It may contain allergens." plus your contact information and ingredients. Source: Idaho Code 37-205(3).

Can I sell homemade jerky in Idaho?

Jerky is listed as a shelf-stable food, but the act bans most meat sales except listed exceptions, including USDA-inspected meat. Ask IDHW before selling. Sources: Idaho Code 37-203(10); Idaho Code 37-205(2)(c).

Official sources

• Idaho Code Title 37, Chapter 2: Idaho Direct-to-Consumer Commerce Act
• Idaho Legislature: 2026 Senate Bill 1283
• Senate Bill 1283 text (PDF)
• Idaho Department of Health and Welfare: Food Safety

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Idaho Department of Health and Welfare, your public health district or an attorney before you start selling.