TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 2

IDAHO DIRECT-TO-CONSUMER COMMERCE ACT

37-204.  preemption and applicability. (1) The legislature finds that uniform laws regarding the production, sale, and acquisition of products available pursuant to this chapter within Idaho are necessary to protect and promote the agricultural economy that is vital to Idaho and its citizens. It is the legislature’s intent to wholly occupy the field of products made directly available to consumers pursuant to this chapter within this state.

(2)  Except as expressly authorized by state statute, agencies and political subdivisions of this state shall not adopt, continue in effect, or enforce any ordinance, rule, regulation, resolution, or policy pertaining to the licensing, permitting, inspection, packaging, or labeling of products made available pursuant to this chapter that is more stringent than the corresponding state or federal requirement. Any law, rule, regulation, ordinance, or policy that is in violation of this chapter is hereby declared to be unenforceable.

(3)  Nothing in this chapter shall:

(a)  Exempt any food product from law, regulations, or inspections for weights and measures, representation, marketing or branding, the lawful use of pesticides or fertilizers, and the lawful use of pest, weed, or disease prevention methods;

(b)  Allow the sale of milk and dairy products or products derived therefrom, unless the producer or designated agent is in full compliance with the applicable provisions of chapters 3, 4, 5, and 12, title 37, Idaho Code;

(c)  Allow the sale of raw milk and raw milk products or products derived therefrom, unless the producer or designated agent is in full compliance with applicable provisions of chapter 11, title 37, Idaho Code;

(d)  Allow the use of a product made available pursuant to this chapter as an ingredient in a food establishment, as that term is defined in section 39-1602, Idaho Code, including in public school kitchen facilities;

(e)  Impede the department of health and welfare in any investigation of confirmed foodborne illness; or

(f)  Be construed to limit liability in cases of gross negligence or misrepresentation by a producer or designated agent.

History:

[37-204, added 2026, ch. 91, sec. 1, p. 504.]