TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 2

IDAHO DIRECT-TO-CONSUMER COMMERCE ACT

37-205.  direct-to-consumer transactions and requirements. (1) Producers operating pursuant to this chapter may sell homemade shelf-stable or perishable food products to the fullest extent permitted by applicable state and federal law.

(2)  Transactions conducted pursuant to this chapter shall:

(a)  Occur between a producer or designated agent and informed end consumer;

(b)  Occur entirely within the state of Idaho and shall not constitute or involve interstate commerce. All production, processing, packaging, sale, and delivery activities shall take place wholly within the state of Idaho; and

(c)  Not involve the sale of meat or meat products, except:

(i)   The sale of poultry and poultry products, if:

1.  The producer slaughters no more than one thousand (1,000) poultry of the producer’s own raising during any one (1) calendar year;

2.  The producer does not engage in buying or selling poultry products other than those produced from poultry of the producer’s own raising; and

3.  The poultry or poultry product is not adulterated or misbranded;

(ii)  The sale of live animals;

(iii) The sale of portions of live animals, including pursuant to section 37-207, Idaho Code, before slaughter for future delivery;

(iv)  The sale of domestic rabbit meat;

(v)   The sale of farm-raised fish, provided that the fish is raised in accordance with Idaho Code and the fish is not catfish; and

(vi)  The sale of meat from cattle, sheep, swine, and goats that have been inspected by the United States department of agriculture or another approved inspector.

(3)(a)  A producer or designated agent shall inform the end consumer that any homemade shelf-stable or perishable food product sold pursuant to this chapter is not subject to inspection or licensing.

(b)  There shall be a conspicuously displayed sign, label affixed to the food product, or card given to the informed end consumer that shall:

(i)   State: "This product is not subject to government food safety inspection or licensing requirements. It may contain allergens.";

(ii)  Include the name and contact information of the producer; and

(iii) Include a list of ingredients used in the product if such product contains two (2) or more ingredients.

(4)(a)  Perishable food shall be produced, processed, stored, transported, and sold under conditions reasonably intended to maintain the safety and integrity of the product.

(b)  Perishable food products shall include information on handling instructions sufficient to inform the consumer of safe storage and preparation practices.

(5)  If a retail space is in any way associated with a commercial food establishment or offers any food product available pursuant to this chapter for sale, the retail space shall:

(a)  Avoid intermingling by physically separating products available pursuant to this chapter from other products, including shelving in coolers, freezers, warehouses, or other storage areas; and

(b)  Include signs or other markings clearly indicating which area offers products available pursuant to this chapter.

History:

[37-205, added 2026, ch. 91, sec. 1, p. 504.]