The Idaho Direct to Consumer Commerce Act

A new law was passed this year to create a clear pathway for Idaho farmers, ranchers, and home-based producers to sell certain homemade food and non-alcoholic drink products directly to consumers.The goal is simple: support local agriculture, increase opportunities for producers to market their products, and provide consumers with greater access to Idaho-grown and Idaho-made food with less regulation.

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Thank you for taking the time to learn about the Idaho Direct to Consumer Commerce Act.

This new law, found in title 37 chapter 2 of Idaho code, was passed to create a clear pathway for Idaho farmers, ranchers, and home-based producers to sell certain homemade food and non-alcoholic drink products directly to consumers, including perishable and non-perishable food.  The goal is simple: support local agriculture, increase opportunities for producers to market their products, and provide consumers with greater access to Idaho-grown and Idaho-made food with less regulation.

For many years, Idaho's food regulations have largely been designed around commercial food processors, restaurants, and large-scale food operations. While those regulations serve an important purpose, they do not always fit small producers who are selling directly to consumers. This law recognizes that difference and creates a separate framework for those direct transactions.

Let's start with what the law allows.

Under the Idaho Direct to Consumer Commerce Act, producers may sell certain non-perishable and perishable homemade food and non-alcoholic drink products directly to informed consumers. Those sales may occur from a farm, ranch, home, farm stand, cooperative market, or through a designated agent acting on behalf of the producer.

Local governments and health districts CANNOT enforce their own food safety regulations. You are fully able to sell foods in compliance with this Act without any licensing, permitting, or inspection of food.

The law covers a wide variety of products, including many baked goods, jams and jellies, honey, popcorn, dried foods, granola, coffee, candies, eggs, raw doughs, pickled products and much more. It also provides opportunities for direct marketing of other homemade food products that meet the requirements of the Act.

One important thing to remember is that this law applies only to direct sales. The person purchasing the product must be the final consumer. Products sold under this Act cannot be wholesaled, redistributed, or used as ingredients in commercial food establishments, such as a restaurant.

Another important requirement is that all activities under the Act must occur entirely within the State of Idaho. Production, processing, packaging, sale, and delivery must all take place within Idaho. This law is intended to govern intrastate commerce and does not create authority for interstate sales.

Now let's talk about producer responsibilities.

The Act greatly reduces regulatory burdens, but it does not eliminate responsibility.

Producers are required to inform consumers that products sold under the Act are not subject to routine state or federal food safety inspection or licensing requirements. Producers must also provide their name and contact information so consumers know who produced the product and how to reach them. All this information may be provided through a label or card that goes with the product or sign at the point of sale.

For products containing multiple ingredients, ingredient information must also be provided. Perishable food products should include appropriate safe handling and storage information to help consumers safely enjoy the product.

The Act also requires producers to familiarize themselves with food safety practices. The Idaho Department of Health and Welfare will make educational materials available to help producers understand proper food handling, storage, sanitation, and contamination prevention. No test or verification method is required, but it is still important information to know.

Recordkeeping is another important part of the law. Producers should maintain basic records identifying what products were sold, when they were sold, where they were produced, and where the ingredients were sourced. These records are not public records and are only intended to assist in the event of a confirmed foodborne illness investigation and only need to be retained for two years.

Speaking of food safety, it is important to understand what this law does not do.

The Idaho Direct to Consumer Commerce Act does not eliminate the state's ability to investigate confirmed foodborne illness. It does not remove laws against adulterated or contaminated food. It does not remove liability for negligence or misrepresentation. Producers remain responsible for producing safe products and accurately representing what they sell.

Likewise, the law does not replace existing requirements governing regulated products such as raw milk or federally inspected meat. Existing state and federal laws still apply where applicable.

Another area many producers are interested in is animal shares.

The Act clarifies that consumers may purchase ownership interests in a live animal or herd before slaughter. Once ownership is established, the consumer may receive meat from that animal after processing. Because the consumer owned part of the animal before slaughter, this is not considered a traditional retail meat sale under the Act, and the meat does not have to be USDA inspected.

Animal shares may be any size agreed upon between the producer and consumer, and multiple consumers may own shares in the same animal or herd. However, meat received through an animal share must be labeled "Not for Sale". Butchers traditionally do this anyway. Additionally, as has always been the case, it cannot be resold, donated, or commercially redistributed.

As you consider operating under this Act, remember that success depends on transparency, good recordkeeping, and safe food handling practices. Consumers who purchase directly from producers value trust, and this law is built around that direct relationship, while simultaneously putting the burdem of decision making and prudence on the buyer.

The Idaho Direct to Consumer Commerce Act represents an opportunity for Idaho agriculture. It allows producers to diversify income, develop value-added products, connect directly with consumers, and keep more food dollars in local communities while keeping the heavy-hand of government out of food selling and purchasing. At the same time, it maintains important safeguards that help protect both producers and consumers.

We encourage producers to review the law carefully, become familiar with the educational materials that will be made available, and reach out to the Idaho Farm Bureau if questions arise.