Home and Hearth BakerIdaho Direct-to-Consumer Commerce Act producer (homemade shelf-stable food)
Idaho Code 37-201 to 37-208 (Title 37, Chapter 2, Idaho Direct-to-Consumer Commerce Act); Idaho Code 39-1602(2)(h) · S 1283 (2026), 2026 Idaho Session Laws ch. 91; signed by the Governor 2026-03-20 with an emergency clause. IDHW says it replaces and supersedes the cottage food rule in IDAPA 16.02.19.
Yearly sales limit
No state limit
No sales limit in the Act. (Only numeric limit: 1,000 poultry of the producer's own raising per year, 37-205(2)(c)(i).)
No sales limit in the Act. (Only numeric limit: 1,000 poultry of the producer's own raising per year, 37-205(2)(c)(i).)
Permit or registration
Not required by the state
Food safety training
No
Where you make it
'Homemade' means grown, prepared, or processed at a private or leased farm, home kitchen, or other non-licensed facility (Idaho Code 37-203(5)). Not food prepared, cooked, or served on-site for immediate consumption (restaurant-style service, food trucks, concession trailers, ready-to-eat meals). All production, processing, packaging, sale, and delivery must take place wholly within Idaho (37-205(2)(b)). No primary-residence or kitchen-equipment rules in the Act.
Selling in person
Allowed: directly between the producer (or a designated agent) and the informed end consumer in Idaho, e.g. from the home, farm, or ranch, a farm stand, or a cooperative market (37-203(4), 37-205(2); Idaho Farm Bureau)
Phone and online orders
Not addressed by the Act or IDHW. The sale must be directly between producer or agent and an informed end consumer, wholly within Idaho (see open questions)
Delivery and shipping
Delivery must take place wholly within Idaho (37-205(2)(b)); a designated agent may handle transport and delivery (37-203(3)). The Act does not otherwise set delivery rules
Selling out of state
No
Stores and wholesale
No resale or wholesale: buyers must be final consumers (37-203(6)); IDHW says wholesale operations are not exempted. Products may not be used as ingredients by restaurants or other food establishments, including school kitchens (37-204(3)(d)). A store may sell only as the producer's designated agent, without taking ownership, keeping the products physically separate and marked with signs (37-203(3), 37-205(5))
Examples you can sell
Homemade shelf-stable foods: homemade food or drinks that do not require time or temperature control (37-203(10)). (The Act also allows perishable foods, which are outside this app's scope.)
- Baked goods that do not include frosting or filling made from animal products or other perishable ingredients
- Fruit leathers, pies, and turnovers
- Chocolates, candies, and confectioneries that do not need to be refrigerated
- Hermetically sealed butters, jams, jellies, marmalades, preserves, and syrups
- Granola and nut mixes
- Dry soup mixes (not meat-based)
- Roasted coffee beans
- Popcorn
- Honey
- Dried, dehydrated, and freeze-dried foods
Not allowed
- Meat and meat products, except: poultry of the producer's own raising (up to 1,000 birds a year), live animals, portions of live animals sold before slaughter, domestic rabbit meat, farm-raised fish (not catfish), and USDA-inspected (or other approved) cattle, sheep, swine, and goat meat (37-205(2)(c))
- Milk and dairy products unless in full compliance with chapters 3, 4, 5, and 12 of Title 37 (37-204(3)(b))
- Raw milk and raw milk products unless in full compliance with chapter 11 of Title 37 (37-204(3)(c))
- Alcoholic drinks (the Act covers only food and nonalcoholic drinks, 37-202, 37-203)
- Food prepared, cooked, or served on-site for immediate consumption (37-203(5))
- Perishable foods (need time/temperature control), e.g. baked goods with frosting or filling made from animal products, raw doughs, pickled products, jams that are not hermetically sealed: allowed by the Act but outside this app (shelf-stable only)
The statement your labels must carry
This product is not subject to government food safety inspection or licensing requirements. It may contain allergens.