Idaho D2C Compliance — Baked Goods

GUIDE #2

BAKED GOODS

Breads, cookies, cakes, pies, pastries, granola, candy — shelf-stable and perishable

Idaho Direct-to-Consumer Compliance Guide — Updated for 2026

OVERVIEW

Baked goods are the classic cottage-food category and are squarely covered by the 2026 Direct-to-Consumer Commerce Act. Unlike the old cottage food rule, the new Act covers both shelf-stable items (cookies, breads, crackers) and perishable items (cream-filled pastries, fresh-fruit pies) as long as you handle perishables safely and disclose that to buyers.

CORE IDAHO DIRECT-TO-CONSUMER COMMERCE ACT RULES

• No license, permit, registration, fee, or routine inspection is required to sell qualifying homemade shelf-stable or perishable food/drink products direct to consumers.

• Sales must be direct, informed-consumer transactions occurring entirely within Idaho — production, processing, packaging, sale, and delivery must all happen in-state. No interstate shipping.

• Allowed sales channels: your home, farm, or ranch; a farm stand or farmers market; a cooperative market; and online/mail-order/delivery as long as the whole transaction stays inside Idaho.

• Not allowed: wholesale sales, consignment, sales to restaurants/retail stores/grocers, or resale by the buyer.

• The law does not apply to restaurants or food trucks, and it does not override federal meat inspection law or Idaho's separate raw-milk/dairy statute.

WHAT'S ALLOWED

• Breads, rolls, cookies, cakes, pastries, fruit pies, granola, candy, pasta/dough products.

• Perishable baked goods (cream fillings, custards) — permitted, but you must handle, store, and label them for safety (see Requirements).

REQUIREMENTS & LABELING

• Display a conspicuous sign, product label, or card stating: "This product is not subject to government food safety inspection or licensing requirements. It may contain allergens."

• Include your name and contact information (address, phone, or email).

• Include a full ingredient list if the product has two or more ingredients.

• For any perishable item (cream/custard filling, frosting requiring refrigeration): produce, store, transport, and sell it under conditions that keep it safe, and give the buyer handling instructions (e.g., "keep refrigerated, consume within 3 days").

LICENSING / REGISTRATION

• None — no permit, registration, or inspection required under the Act.

WHAT'S PROHIBITED

• Wholesaling to a grocery store, restaurant, or coffee shop for resale.

• Shipping out of state (interstate sales aren't covered by this Act).

• Cheesecakes and other dairy-heavy items may functionally fall under dairy-product handling norms — when in doubt on a dairy-forward item, apply extra refrigeration discipline.

RECORDKEEPING

• Product sold

• Date of production and date of sale

• Quantity sold

• Where the item was produced (your home, farm, or ranch)

• Where each ingredient was produced or acquired (e.g., a specific grocery store or farm)

SALES TAX (APPLIES TO EVERY CATEGORY ON THIS LIST)

• Idaho has no sales-tax exemption for cottage/home producers. Once you make more than two retail sales in a 12-month period, you need an Idaho seller's permit (free from the Idaho State Tax Commission).

• Selling at a single event or only occasionally? A temporary seller's permit (valid 90 days) may fit instead of a regular permit.

• Idaho residents selling less than $5,000/year and meeting other conditions may qualify for the small-seller exemption (no permit needed) — confirm eligibility with the Tax Commission.

• Farmers-market and event vendors: register with the event/promoter and apply for your permit at least ~10 days before the event.

Idaho State Tax Commission — tax.idaho.gov/salesusehub — (208) 334-7660

AGENCY CONTACTS

• Idaho Dept. of Health & Welfare, Food Protection Program — (208) 334-5938 — foodprotection@dhw.idaho.gov

Disclaimer: This guide summarizes Idaho and federal law as understood in September 2026, based on the Idaho Direct-to-Consumer Commerce Act (SB 1283), Idaho Statutes, IDAPA rules, and the agencies cited above. It is for general educational purposes only and is not legal advice. Laws, rules, and fees change — confirm current requirements with the listed agency before you begin selling, and re-check periodically.