Crosodocrosodo
State Report
GreatIJ Grade A-

Idaho Cottage Food Law Report

Complete reference for Idaho's cottage food law — statute citation, sales cap, allowed products, registration requirements, and a county-by-county directory with health department, planning department, and zoning code links.

Statute

Idaho Administrative Procedure Act Rule 16.02.19 (Idaho Food Code), cottage food exemption provisions; see also Idaho Code Title 22, Chapter 13 (Idaho Food Freedom Act, proposed 2012 but not enacted as separate statute)

Citation: IDAPA 16.02.19 (Idaho Food Code, cottage food provisions) · Last amended 2023 · Confidence: medium
Verbatim Excerpt

STARTING A HOMEMADE FOOD OPERATION [from Eastern Idaho Public Health guidance implementing IDAPA 16.02.19]: Idaho has allowed for the sale of low-risk homemade foods for years through administrative practice. The Idaho Department of Health and Welfare has established that non-potentially hazardous foods may be sold directly to consumers without a food establishment license. Except for acidified foods, any non-potentially hazardous food is allowed. Some types of items, like fruit butters, apple sauce, and pepper jams, may be allowed depending on the recipe — contact your health district to get approval for products you are unsure about. Limitations confirmed: Direct sales only; interstate sales prohibited; perishable foods prohibited; no commercial kitchen use. Labeling: Foods that you produce in your home need to be clearly labeled on the product packaging; or by a clearly visible placard at the sales/service location that also states: 'The food was prepared in a home kitchen that is not subject to regulation and inspection by the regulatory authority; and the food may contain allergens.' Sales limit: unlimited (no sales cap).

Source: forrager.com/law/idaho/
Allowed Foods (Summary)

Idaho allows all non-potentially hazardous foods except acidified foods. This broad category includes baked goods, candies, condiments (honey, mustards, nut butters, oils, syrups, vinegars), dry goods, pastries, most preserves (including jams and jellies), and snacks. Some borderline items like fruit butters may require health district approval.

Prohibited Foods (Summary)

Prohibited items include acidified foods (pickles, salsas), all TCS foods requiring refrigeration, perishable baked goods, and any foods sold at wholesale, to restaurants, or to retail stores. Interstate sales are also prohibited.

Labeling Requirements (Summary)

Products must be labeled with the statement 'The food was prepared in a home kitchen that is not subject to regulation and inspection by the regulatory authority; and the food may contain allergens.' A placard at the point of sale is an acceptable alternative to labeling individual packages.

Sales Cap

none

Tier

Great (IJ Grade A-)

Counties Tracked

7

Important

Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Idaho Department of Health and Welfareand your local health department before relying on this data.