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Cottage Food Law
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Idaho Cottage Food Law

IDAPA 16.02.19 (Idaho Food Code, cottage food provisions)

Tier: Great. No or very high sales cap, broad product list, multiple sales channels including retail and online. Most home bakers can run a meaningful operation here.

Sales cap

None

Allowed products

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.

Registration

Registration: No. Food handler cert: No.

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
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/
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Notes
Quietly one of the most permissive states. Few barriers to entry. Idaho's cottage food program is implemented through the Idaho Food Code (IDAPA 16.02.19) and administrative practice of the state's 7 health districts, not through a standalone statute. The Idaho Food Freedom Act (HB 700, 2012) was proposed but not enacted as a separate chapter.
Official state handout

Idaho Cottage Food Law — Official Guidance Summary

Idaho Department of Health and Welfare · IDAPA 16.02.19 (Idaho Food Code, cottage food provisions) · Idaho Department of Health and Welfare
Source — verify on the official site

Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.

Idaho's cottage food rules are set by IDAPA 16.02.19 (Idaho Food Code, cottage food provisions). The summary below is drawn from Crosodo's verified statute research and official agency guidance. Always confirm current requirements on the state agency website before you sell.

Program basics

What law governs cottage food in Idaho?
  • 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)
What is the annual sales cap?
  • None
Is registration or a permit required?
  • No
Is a food handler certificate required?
  • No
Are kitchen inspections required?
  • No

Allowed products and sales channels

What foods are allowed?
  • 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.
What foods are prohibited?
  • 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.
Can I sell to retailers or restaurants (indirect sales)?
  • Idaho prohibits wholesale, restaurant, and retail store sales; only direct-to-consumer in-person sales at home, farmers markets, events, online (pickup/delivery), and roadside stands are allowed.

Labeling

What labeling is required?
  • 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.

Statute excerpt

IDAPA 16.02.19 (Idaho Food Code, cottage food provisions)
What does the Idaho cottage food statute say?
  • 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).

Official sources

Where should I verify these rules?
  • State agency cottage food page: https://healthandwelfare.idaho.gov/services-programs/food-safety/cottage-food-operations
  • Statute: https://adminrules.idaho.gov/rules/current/16/160219.pdf

Summarized from official Idaho cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.

Major cities

City zoning rules in Idaho

City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.

Boise
American Legal Publishing
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Common questions

Idaho cottage food law — FAQ

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

Yes — No. Food handler certification: No.

What foods can I sell under the Idaho cottage food law?

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.

Is there a sales cap for cottage food in Idaho?

None

How good is Idaho's cottage food law?

Idaho is a Great-tier cottage food state by Crosodo's rating criteria. No or very high sales cap, broad product list, multiple sales channels including retail and online. Most home bakers can run a meaningful operation here.

Important

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