Do I Need A License to Sell Home-made Food in Idaho?

Idaho provides aspiring entrepreneurs with the opportunity to start small food businesses from home through its cottage food laws. These laws make it possible to sell non-perishable food products without needing a full commercial kitchen or food license. 

1. What is Cottage Food Law in Idaho?

Idaho’s cottage food laws permit the production and sale of certain low-risk, non-perishable foods that are made in a home kitchen. These foods are considered non-potentially hazardous, meaning they don’t require refrigeration to stay safe. Some examples of products you can sell include:

  • Baked goods (bread, cookies, cakes)
  • Jams and jellies
  • Candies and confections
  • Dry goods like granola, popcorn, and trail mixes
  • Spices and seasonings

Cottage food producers in Idaho can sell these products directly to consumers through farmers markets, roadside stands, and from their homes. However, sales to retail outlets like grocery stores or restaurants are not permitted under Idaho’s cottage food regulations.

2. Do You Need a Food License in Idaho?

For those selling under Idaho’s cottage food laws, you do not need a full Idaho food license. This makes it easier for small business owners to get started. However, there are a few key regulations to keep in mind:

  • No Permit Required: Idaho cottage food businesses do not need to apply for a special permit or food license as long as they are selling non-potentially hazardous food.
  • Direct Sales Only: Sales must be made directly to consumers. You cannot sell through third-party vendors, grocery stores, or online platforms that involve shipping across state lines.
  • Labeling Requirements: Every product sold must be properly labeled. The label must include the name and address of the producer, the ingredients of the product, and a disclaimer stating that the product was made in a home kitchen that is not inspected by the state health department.

3. Steps to Start a Food Business in Idaho

A. Familiarize Yourself with Idaho Cottage Food Laws
The first step to starting your business is understanding Idaho’s cottage food laws. The Idaho State Department of Health and Welfare offers resources to help you navigate the requirements for operating a home-based food business legally.

B. Register Your Business
Even though you don’t need a food license in Idaho, you may still need to register your business with your local city or county government. You should check local zoning laws and ensure that you are operating within the guidelines for home businesses.

C. Business Taxes
You’ll likely need to obtain a sales tax permit to sell food in Idaho. Be sure to consult with the Idaho State Tax Commission to understand your tax responsibilities as a small business owner.

D. Food Safety Training
While food safety training is not mandatory under Idaho’s cottage food laws, it is recommended. Ensuring that you handle and prepare food safely helps protect your customers and your reputation.

4. Expanding Beyond Cottage Foods

If you plan to sell food that is not allowed under Idaho’s cottage food laws—such as meat, dairy products, or other perishable items—you will need to operate out of a licensed commercial kitchen. This requires obtaining a food license in Idaho, passing health inspections, and adhering to food safety regulations.

5. Tips for Running a Small Food Business in Idaho

  • Start Small: Begin by selling items that fall under Idaho’s cottage food laws to reduce initial costs. Test your products at local markets or community events to gain feedback and establish your customer base.
  • Label Your Products Correctly: Ensure that all your products include the proper labeling with ingredient lists and disclaimers about your home kitchen. Failure to label correctly can lead to compliance issues.
  • Expand Gradually: As your business grows, consider moving to a licensed commercial kitchen. This will allow you to offer a wider range of food products, including perishable goods, and sell through more distribution channels.

*Disclaimer: This article or any content hereof is not a substitute for professional legal advice, does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.