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  1. Vendor Guides
  2. Idaho Cottage Food

Idaho Cottage Food Laws (2026): Selling Homemade Food Legally

This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-12

Quick answer

Law / program
Idaho Direct-to-Consumer Commerce Act (SB 1283, effective March 20, 2026; Idaho Code Title 37, Ch. 2), replacing the old informal cottage food guidance
Regulated by
Idaho Department of Health and Welfare (IDHW), Food Protection Program
Annual sales cap
None
Official details
State cottage food page

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

No license, permit, registration, or routine inspection; the brand-new 2026 law explicitly bars routine reporting and inspection absent a confirmed foodborne illness investigation. Production happens in your home kitchen or other non-licensed facility.

No formal training; producers must simply familiarize themselves with IDHW's published food safety educational material.

What foods are allowed

Among the broadest in the country since March 2026: both shelf-stable foods (baked goods, sealed jams and syrups, fermented foods, pies, candies, granola, roasted coffee, honey, dried and freeze-dried foods including jerky) AND perishable TCS foods (baked goods with perishable frosting, fresh pastas, raw doughs, eggs, nut butters, sauces, pickled products, cooked vegetables, and drinks like lemonade). Poultry under 1,000 birds per year, domestic rabbit, and farm-raised fish (not catfish) are also allowed.

No alcoholic drinks, no meat from cattle, sheep, swine, or goats unless USDA inspected (animal shares are the alternative), dairy only under Idaho's separate dairy laws, and no ready-to-eat meals cooked and served on site (no restaurant-style or food truck service).

Where you can sell

Direct to the informed end consumer anywhere within Idaho: home, farm stands, farmers markets, craft fairs, and events, with online ordering and delivery fine as long as everything happens wholly within Idaho. A designated agent (cooperative or consignment market) may market, transport, and sell on your behalf. No out-of-state sales, no wholesale, and buyers may not resell.

Labeling requirements

A sign, affixed label, or card given to the consumer must state exactly: 'This product is not subject to government food safety inspection or licensing requirements. It may contain allergens.' plus your name and contact info, ingredients if two or more, and handling instructions for perishable items. Producers must keep confidential transaction records for two years.

Sales tax and local rules

Idaho taxes food at the full 6 percent rate, so vendors collect sales tax on everything, using a free temporary seller's permit (90 days, up to three per year) or a regular permit. The state's grocery credit offsets the tax for consumers on their income taxes, not for vendors.

Strong preemption: health districts, cities, and counties cannot impose licensing, permitting, inspection, packaging, or labeling rules stricter than state law. Market organizers can still set private vendor rules.

Light touch: IDHW investigates confirmed foodborne illnesses, with fines up to $500 for missing transaction records during such an investigation; selling outside the law's terms falls back under standard food licensing enforcement.

Selling non-food crafts too? See the Idaho craft fair permit and sales tax guide.

Idaho cottage food FAQ

Can I sell homemade food in Idaho?

Yes, under Idaho Direct-to-Consumer Commerce Act (SB 1283, effective March 20, 2026; Idaho Code Title 37, Ch. 2), replacing the old informal cottage food guidance. No license, permit, registration, or routine inspection; the brand-new 2026 law explicitly bars routine reporting and inspection absent a confirmed foodborne illness investigation. Production happens in your home kitchen or other non-licensed facility.

What foods can I sell under Idaho's cottage food law?

Among the broadest in the country since March 2026: both shelf-stable foods (baked goods, sealed jams and syrups, fermented foods, pies, candies, granola, roasted coffee, honey, dried and freeze-dried foods including jerky) AND perishable TCS foods (baked goods with perishable frosting, fresh pastas, raw doughs, eggs, nut butters, sauces, pickled products, cooked vegetables, and drinks like lemonade). Poultry under 1,000 birds per year, domestic rabbit, and farm-raised fish (not catfish) are also allowed. No alcoholic drinks, no meat from cattle, sheep, swine, or goats unless USDA inspected (animal shares are the alternative), dairy only under Idaho's separate dairy laws, and no ready-to-eat meals cooked and served on site (no restaurant-style or food truck service).

Is there a sales limit for cottage food in Idaho?

No. Idaho places no annual cap on cottage food sales.

Where can I sell cottage food in Idaho?

Direct to the informed end consumer anywhere within Idaho: home, farm stands, farmers markets, craft fairs, and events, with online ordering and delivery fine as long as everything happens wholly within Idaho. A designated agent (cooperative or consignment market) may market, transport, and sell on your behalf. No out-of-state sales, no wholesale, and buyers may not resell.

What has to be on my label in Idaho?

A sign, affixed label, or card given to the consumer must state exactly: 'This product is not subject to government food safety inspection or licensing requirements. It may contain allergens.' plus your name and contact info, ingredients if two or more, and handling instructions for perishable items. Producers must keep confidential transaction records for two years.

Do I charge sales tax on cottage food in Idaho?

Idaho taxes food at the full 6 percent rate, so vendors collect sales tax on everything, using a free temporary seller's permit (90 days, up to three per year) or a regular permit. The state's grocery credit offsets the tax for consumers on their income taxes, not for vendors.

Find places to sell in Idaho

Browse upcoming craft fairs and markets in Idaho with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.

Official sources

  • Senate Bill 1283 (2026), Idaho Direct-to-Consumer Commerce Act (full text)
  • IDHW, Food Safety
  • SB 1283 Bill Page, Idaho Legislature
  • Idaho State Tax Commission, Temporary Seller's Permits
  • Idaho Grocery Credit, State Tax Commission

Last verified: 2026-06-12. Spotted something out of date? Let us know.

Cottage food laws in other states

AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWashington DCWest VirginiaWisconsinWyoming