TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 2

IDAHO DIRECT-TO-CONSUMER COMMERCE ACT

37-203.  definitions. As used in this chapter:

(1)  "Animal share" means an ownership interest in an animal or herd of animals that is created by a written contract or bill of sale between an informed end consumer and a producer under which the consumer is entitled to receive a share of meat from the animal or herd that may vary in weight, meat product, or size.

(2)  "Department" means the Idaho department of health and welfare.

(3)  "Designated agent" means a person, cooperative market, consignment model market, or other entity designated by a producer to facilitate producer-to-consumer transactions, including marketing, transport, storage, selling, and delivery of food or nonalcoholic drink products. A designated agent shall be named in writing by the producer and shall not take ownership of any food or drink product.

(4)  "Farm stand" means a temporary or permanent structure operated by a producer or designated agent for the sale of homemade shelf-stable food, perishable food, or nonalcoholic drinks.

(5)  "Homemade" means foods or nonalcoholic drinks that are grown, prepared, or processed at a private or leased farm, home kitchen, or other non-licensed facility. Homemade does not include food that is prepared, cooked, or served on-site for immediate consumption, including restaurant-style food service, mobile food units, concession trailers, or other facilities preparing ready-to-eat meals.

(6)  "Informed end consumer" means a person who knowingly purchases products available pursuant to the provisions of this chapter, who is the final purchaser of such product, who does not resell or redistribute the product, and for whom resale or redistribution is unlawful.

(7)  "Perishable food" means homemade food and drinks that require time or temperature control at a temperature of forty-one (41) degrees Fahrenheit or below for cold foods or one hundred thirty-five (135) degrees Fahrenheit or above for hot foods. Perishable food includes but is not limited to:

(a)  Nonalcoholic drinks, including coffee, lemonade, tea, and soda;

(b)  Chocolate, candies, and confectioneries;

(c)  Condiments and sauces;

(d)  Fruits and vegetables that remain uncut post-harvest;

(e)  Milk and dairy products;

(f)  Eggs and egg products;

(g)  Nut, seed, and fruit butters;

(h)  Fresh and dehydrated pastas;

(i)  Raw doughs;

(j)  Regular and sugar-free butters, jams, jellies, marmalades, preserves, and syrups;

(k)  Baked goods that include frosting or filling made from animal products or other perishable ingredients;

(l)  Meat products produced pursuant to this chapter;

(m)  Cooked vegetables; and

(n)  Pickled products.

(8)  "Process" means operations a producer performs in the making or treatment of the producer’s food or nonalcoholic drink product.

(9)  "Producer" means any person who grows, harvests, prepares, or processes any food or nonalcoholic drink product pursuant to the provisions of this chapter.

(10) "Shelf-stable food" means homemade food or drinks that do not require time or temperature control. Shelf-stable food includes but is not limited to:

(a)  Hermetically sealed butters, jams, jellies, marmalades, preserves, and syrups;

(b)  Fermented food products;

(c)  Tallow;

(d)  Lard;

(e)  Fruit leathers, pies, and turnovers;

(f)  Chocolates, candies, and confectioneries that do not need to be refrigerated;

(g)  Nonalcoholic drinks that do not need to be refrigerated;

(h)  Milk and dairy products that do not need to be refrigerated;

(i)  Nut mixes;

(j)  Granola;

(k)  Dry soup mixes, excluding meat-based soup mixes;

(l)  Roasted coffee beans;

(m)  Popcorn;

(n)  Honey;

(o)  Dried, dehydrated, and freeze-dried foods, including jerky products; and

(p)  Baked goods that do not include frosting or filling made from animal products or other perishable ingredients.

History:

[37-203, added 2026, ch. 91, sec. 1, p. 502.]