Cottage Food Laws in Idaho
Last verified against official sources on by Amrit. How we verify
Yes. Since March 20, 2026, Idaho's Direct-to-Consumer Commerce Act lets you make food and drinks at home and sell them straight to customers in Idaho with no food permit, no routine inspection and no sales cap. That includes foods that need to be kept cold or hot. Most meat is still off limits, and milk and dairy products need you to follow Idaho's dairy laws. You must tell buyers the food is not inspected (with a sign, label or card that also gives your name, contact details and ingredients), keep sales records for two years, and keep every sale inside Idaho.[3][1]
At a glance
| Permit needed | No. No state or health district food permit, licence or routine inspection.[1][3] |
|---|---|
| Sales cap | None in the law[1] |
| Foods that need refrigeration | Allowed, if kept at safe temperatures and sold with handling instructions[1] |
| Required notice | "This product is not subject to government food safety inspection or licensing requirements. It may contain allergens." On a sign, label or card, with your name, contact details and an ingredient list.[1] |
| Training | No course required. You must become familiar with DHW's food safety educational material.[1] |
| Where you can sell | Directly to the final customer in Idaho, yourself or through a designated agent you name in writing. Not to restaurants or stores for resale.[1][3] |
| Online and shipping | Every step, including delivery, must happen inside Idaho. No shipping to other states.[1] |
| Records | Keep a record of every sale for at least two years[1] |
| Agency | Idaho Department of Health and Welfare (DHW)[1] |
Step by step
Do these in order. Each step links to the official form or page.
Check that your food is allowed
Most homemade foods and nonalcoholic drinks are allowed, whether they keep on the shelf or need to be kept cold or hot, as far as other state and federal law permits. Meat is the big exception: you may sell only a few kinds, such as poultry you raised yourself (up to 1,000 birds a year), domestic rabbit, farm-raised fish other than catfish, and beef, pork, lamb or goat inspected by the USDA or another approved inspector. Milk and dairy products, and raw milk, still need you to follow Idaho's separate dairy laws. Food cooked and served on the spot for people to eat right away, as a food truck or restaurant does, is not covered.[1]
Read DHW's food safety material
The law requires you to become familiar with the food safety and storage information the Idaho Department of Health and Welfare publishes. No course or certificate is required.[1]
Tell buyers the food is not inspected
Use a sign people can easily see, a label on the product, or a card you hand the buyer. It must carry the exact statement "This product is not subject to government food safety inspection or licensing requirements. It may contain allergens.", your name and contact details, and a list of ingredients if the product has two or more.[1]
Handle foods that need refrigeration safely
Foods that must be kept cold (41°F or below) or hot (135°F or above) have to be made, stored, transported and sold in conditions meant to keep them safe. Give buyers instructions on how to store and prepare them.[1]
Keep a record of every sale
For each sale, write down what you sold and how much, the sale date, the date you made it, where you made it, and where each ingredient came from. If an agent sold it for you, name the agent. For an animal share, keep the written contract or bill of sale instead. Keep records for at least two years. They are confidential and only have to be handed over in a confirmed foodborne illness investigation. If DHW finds during a foodborne illness investigation that you did not keep them, you can be fined up to $500.[1]
Sell directly to customers in Idaho
Sell at your home, farm, ranch or farm stand, or elsewhere in Idaho, to the final buyer, who may not resell the food. You can name someone in writing (a person, co-op or consignment market) to sell or deliver for you, but they cannot take ownership of the food. Production, sale and delivery must all stay inside Idaho.[1]
What you can and can't sell[1]
Allowed
- Baked goods, including ones with frosting or filling made from animal products or other perishable ingredients
- Jams, jellies, preserves, syrups, and nut, seed and fruit butters
- Candy, chocolate and other confections
- Pickled and fermented foods, sauces and condiments
- Granola, nut mixes, popcorn, dry soup mixes (not meat-based), roasted coffee and honey
- Dried, dehydrated and freeze-dried foods. The act lists jerky here, but meat jerky is still subject to the meat limits below
- Nonalcoholic drinks such as coffee, tea, lemonade and soda
- Eggs, fresh and dried pasta, raw doughs, cooked vegetables, tallow and lard
- Poultry you raised (up to 1,000 birds a year), domestic rabbit, farm-raised fish other than catfish, and beef, pork, lamb and goat inspected by the USDA or another approved inspector
Not allowed
- Other meat and meat products
- Food cooked or served on the spot for immediate eating (restaurant-style food, food trucks)
- Milk and dairy products, unless you comply with Idaho's dairy laws
- Raw milk and raw milk products, unless you comply with Idaho's raw milk law
- Anything sold outside Idaho, or to a business to resell or use as an ingredient
Local rules
These places add their own requirements on top of the state rules.
- All Idaho cities, counties and public health districts: Unless a state law expressly allows it, no local government, state agency or health district may set licensing, permit, inspection, packaging or labeling rules stricter than the state's for food sold under the act. Stricter local rules are unenforceable.[1]
What it costs
| Step | Fee |
|---|---|
| Tell buyers the food is not inspected | Free |
| Total if every fee applies to you | $0 |
Recent changes
- : Senate Bill 1283, the Idaho Direct-to-Consumer Commerce Act, took effect when the Governor signed it. It replaced the old cottage food rule and allows most homemade foods and drinks, including ones that need refrigeration and some meats, to be sold directly to Idaho customers without a permit.[2][3][1]
Frequently asked questions
Do I need a permit from my health district to sell baked goods from home?
No. People selling under the Direct-to-Consumer Commerce Act are not a "food establishment" under Idaho law, so no health district food permit or routine inspection is needed. You must still give buyers the required notice.[1][3]
Can I sell fresh pasta, frosted cakes or other foods that need refrigeration?
Yes, since March 20, 2026, as long as the food is not a meat product outside the few allowed kinds, and any milk or dairy product follows Idaho's dairy laws. Keep it cold or hot as it needs, and give the buyer storage and preparation instructions.[1][2]
Can I ship my products to customers in other states?
No. Under the act, everything from making the food to delivering it must happen inside Idaho. DHW says selling outside Idaho may need FDA approval.[1][3]
Can I sell to a coffee shop, restaurant or grocery store?
Not for them to resell or cook with. The act does not allow restaurants and other food establishments, including school kitchens, to use your food as an ingredient, and wholesale is not covered by the act. A store can sell your food for you as your designated agent if you name it in writing, it never takes ownership of the food, and it keeps your products physically separate and clearly signed.[1][3]
Do I need a food handler card?
The act does not require one. It requires you to become familiar with DHW's food safety material. If you want a certificate anyway, DHW's Idaho Food Safety Exam gives one that lasts five years.[1][3]
Can I sell meat or chicken I raised?
Only in limited ways: poultry you raised yourself (up to 1,000 birds a year, and only your own birds), domestic rabbit, farm-raised fish other than catfish, live animals, and beef, pork, lamb or goat inspected by the USDA or another approved inspector. You can also sell shares in an animal before slaughter; the meat must be labeled "not for sale" and the buyer cannot sell, donate or redistribute it.[1]
Will anyone inspect my kitchen or ask for my records?
Not routinely. Your records are confidential and only have to be produced during a confirmed foodborne illness investigation. DHW can still investigate a confirmed foodborne illness.[1]
Sources
- Senate Bill No. 1283 (2026): Idaho Direct-to-Consumer Commerce Act (new Chapter 2, Title 37, Idaho Code), Idaho Legislature. Checked October 25, 2026. Internet Archive copy (captured 2026-06-14) of https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2026/legislation/S1283.pdf; legislature.idaho.gov did not answer at all from this network (connection timed out). This is the bill as introduced; the bill history shows no amendments before passage. Check against the live bill and Title 37, Chapter 2, Idaho Code before verifying.
- 2026 Legislation: Senate Bill 1283 (bill history), Idaho Legislature. Checked October 25, 2026. Internet Archive copy (captured 2026-07-12) of https://legislature.idaho.gov/sessioninfo/2026/legislation/S1283/; the live site timed out from this network.
- Food Safety (Idaho Direct-to-Consumer Commerce Act section), Idaho Department of Health and Welfare. Checked October 25, 2026.
Related
- Cottage Food Laws in Montana
- Cottage Food Laws in Nevada
- Cottage Food Laws in Oregon
- Cottage Food Laws in Utah
- Cottage Food Laws in Washington
- Cottage Food Laws in Wyoming
- Cottage Food Laws by State
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Idaho Department of Health and Welfare (DHW), Food Protection Program or your local health department. Spotted something wrong or out of date?Report it and we will check it.