warebythe idaho food freedom law, in plain english
what you can sell from your home kitchen in idaho, who you register with, where you can sell, and what the label has to say. checked against the state’s own pages on october 14, 2026.
on this page
1at a glance2what you can sell3how to start4where you can sell5labels6what’s changed7good to know8questions9sourcesyes, you can sell homemade food from your kitchen in idaho with no license, permit or inspection. under the idaho direct-to-consumer commerce act, in effect since march 20, 2026, you can sell shelf-stable and perishable foods straight to the people who’ll eat them, from home, at markets or by delivery, with no sales cap. tell every buyer the food isn’t inspected, give your name, contact info and ingredients, and keep simple sales records. everything has to stay inside idaho, and stores can only sell for you on consignment, not buy to resell.
idaho cottage food rules at a glance
| the law | idaho direct-to-consumer commerce act (idaho code, title 37, chapter 2 (sections 37-201 to 37-208)) |
|---|---|
| who runs it | idaho department of health and welfare, food protection program |
| registration | no no state registration |
| kitchen inspection | no |
| training | no |
| yearly sales cap | no sales cap |
| selling from your home | yes |
| selling at farmers markets and events | yes |
| selling online orders | yesthe law doesn’t limit how you take orders, but the buyer and the sale must be in idaho |
| selling delivering it yourself | yesyou, or a designated agent you name in writing, can deliver inside idaho |
| selling shipping within the state | unclearthe law doesn’t mention mail. it only says every step, including delivery, must happen inside idaho |
| selling shipping to other states | noall sales and deliveries must stay inside idaho |
| selling to stores, cafes and restaurants | limiteda store or market can sell for you on consignment as your designated agent, but it can’t buy to resell |
what can you sell from home in idaho?
you can sell
- bread, cookies and fruit pies
- cakes and pies with cream or other perishable fillings
- jams, jellies and syrups
- pickles, salsa and sauces
- candy and chocolate
- granola, nut mixes and dried fruit
- honey and roasted coffee beans
- lemonade, tea and other nonalcoholic drinks
you can’t sell
- uninspected beef, pork, lamb or goat meat
- poultry you didn’t raise yourself
- milk, cheese and raw milk, unless you follow idaho’s dairy laws
- alcoholic drinks
- hot meals served on site, like food truck or restaurant food
these are examples, not the full list. check the idaho department of health and welfare, food protection program before you sell something new.
how do you start a cottage food business in idaho?
- no state registration. idaho doesn’t ask cottage food sellers to register with the state. check your city or county for local rules, like zoning or a business license.
- label everything the way the law asks (below).
- start selling in the ways idaho allows, and keep track of your sales if there’s a cap.
where and how can you sell in idaho?
| from your home | yes |
|---|---|
| at farmers markets and events | yes |
| online orders | yesthe law doesn’t limit how you take orders, but the buyer and the sale must be in idaho |
| delivering it yourself | yesyou, or a designated agent you name in writing, can deliver inside idaho |
| shipping within the state | unclearthe law doesn’t mention mail. it only says every step, including delivery, must happen inside idaho |
| shipping to other states | noall sales and deliveries must stay inside idaho |
| to stores, cafes and restaurants | limiteda store or market can sell for you on consignment as your designated agent, but it can’t buy to resell |
on wareby, food is always pickup or delivery by the shop, never a courier and never shipped, which fits the rules in every state. how to sell food online from home.
what goes on a cottage food label in idaho?
“This product is not subject to government food safety inspection or licensing requirements. It may contain allergens.”
the statement idaho requires on your label
the label also needs:
- your name and contact information
- a list of ingredients, if it has two or more
- storage and handling instructions for perishable foods
what’s changed in idaho, and what’s coming?
| when | what |
|---|---|
| march 20, 2026 | the idaho direct-to-consumer commerce act took effect and replaced the old cottage food rule: no license or inspection, perishable foods allowed, and local rules can’t be stricter |
what else should you know in idaho?
- you can give the required notice on a sign at your table, a label on the food, or a card you hand the buyer.
- keep records for 2 years: what you sold, how much, the production and sale dates, where you made it, and where each ingredient came from. if you don’t have them during a food illness investigation, you can be fined up to $500.
- health districts, cities and counties can’t require their own licenses, permits or inspections for food sold under this law. restaurants and other food businesses can’t use your products as ingredients.
- if you’re an idaho resident selling as an individual, the state’s small seller exemption means you don’t collect sales tax until you pass $5,000 in sales in a calendar year. after that, you need a seller’s permit.
questions people ask
do i need a license to sell baked goods from home in idaho?
no state registration is needed for cottage food in idaho. check your city or county for local rules, like zoning or a business license.
can i sell cottage food online in idaho?
yes. the law doesn’t limit how you take orders, but the buyer and the sale must be in idaho.
can i ship cottage food in idaho?
the rules aren’t clear on shipping within idaho: the law doesn’t mention mail. it only says every step, including delivery, must happen inside idaho. you can’t ship to other states. all sales and deliveries must stay inside idaho.
how much can i sell from home in idaho?
there’s no yearly sales cap.
can i sell to stores or coffee shops in idaho?
with limits: a store or market can sell for you on consignment as your designated agent, but it can’t buy to resell.
what can’t i sell from home in idaho?
the usual no’s: uninspected beef, pork, lamb or goat meat, poultry you didn’t raise yourself, milk, cheese and raw milk, unless you follow idaho’s dairy laws, alcoholic drinks, hot meals served on site, like food truck or restaurant food. check with the idaho department of health and welfare, food protection program before you sell something new.
sources
- idaho legislature: idaho code title 37, chapter 2 (direct-to-consumer commerce act)
- idaho legislature: section 37-203, definitions
- idaho legislature: section 37-204, preemption and applicability
- idaho legislature: section 37-205, transactions and requirements
- idaho legislature: senate bill 1283 (2026) status
- idaho legislature: senate bill 1283 (2026) text
- idaho department of health and welfare: food safety
- idaho state tax commission: small seller exemption
- idaho farm bureau: the idaho direct to consumer commerce act
- idaho farm bureau: direct to consumer pamphlet
- south central public health district: legislative update (march 2026)
- forrager: idaho cottage food law
this is general information to help you get started, not legal advice. we checked it against idaho’s own pages on october 14, 2026, and laws change, so confirm with the idaho department of health and welfare, food protection program (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.
we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story