1. No category

District
Major Population
Centers
(Counties)
Panhandle Health
(Benewah, Bonner,
Boundary, Kootenai,
Shoshone)
Yes
No
No as long as in state and
direct to the consumer (not
wholesale)
Request application
but not required.
Couer d'Alene,
Sandpoint, St.
Maries
Public Health - Idaho
North Central District
(Clearwater, Idaho,
Latah, Lewis, Nez
Perce)
Does the District allow food Are there any restrictions Are there any restrictions on Current Licensing /
produced in a home kitchen to on which foods can be sold where home-produced foods
Registration?
be sold to the public?
(beyond PHFs)?
can be sold?
Yes, low risk foods that meet
the Non PHF definition are
allowed to sold or given away
Moscow, Lewiston,
Grangeville
No - if it is a low risk food
We are not placing any
for RETAIL SALE ONLY then restriction on where the food
we have been allowing it. is made (i.e. a home kitchen
or a church or a rented
apartment) or where the food
can be sold but RETAIL ONLY.
Risk Assessment
Form
District
Major Population
Centers
(Counties)
Southwest District
Health
(Adams, Canyon, Gem, Caldwell, Nampa,
Owyhee, Payette,
Weiser, Payette,
Washington)
Council
Does the District allow food Are there any restrictions Are there any restrictions on Current Licensing /
produced in a home kitchen to on which foods can be sold where home-produced foods
Registration?
be sold to the public?
(beyond PHFs)?
can be sold?
We do allow some foods such
as jams, jellies, some baked
goods (cookies, brownies,
sweet breads, donuts, biscotti)
sold to a end user. Have had a
few fresh salsas such as mango
and/or peach that have shown
a pH lower than 4.6. All these
foods are sold directly to the
customers at events such as
craft shows, farmers markets,
and occasionally at community
events
We do have the
We may have operators
No additional restrictions
operators that
that are planning to sell
other than, no wholesale of
cream filled items, tres
product, or sales to another contact us fill out a
low risk food
leche cakes, cream pies
business for resale.
application to show
complete a pH test on these
an event
products to show that they
coordinator that no
are shelf stable. In most
licensure is needed
cases they are not shelf
through the health
stable, but give the
department to sell
operator a chance to prove
their planned items.
their claims. We may also
review frosting ingredients
and have the operator
complete a water activity
test to ensure these
products are also
considered shelf stable.
Have had a few adjust the
recipe to raise the water
activity to a safe value so
licensure is not needed.
District
Major Population
Centers
(Counties)
Central District Health
(Ada, Boise, Elmore,
Valley)
Does the District allow food Are there any restrictions Are there any restrictions on Current Licensing /
produced in a home kitchen to on which foods can be sold where home-produced foods
Registration?
be sold to the public?
(beyond PHFs)?
can be sold?
Yes- jams, jellies, baked goods
at special events, markets.
Boise, Meridian,
McCall, Mountain
Home
If you look on the internet
The current rules have
there are many people
exemptions for FBN- Non
Profit- charitable
selling baked goods that are
organizations. That’s it. prepared at home and the
However Health District
health districts have not
policy allows non-potentially
received notification or
hazardous foods like jams,
application.
jellies and baked goods to be
exempt from regulation.
We do attempt to
have all food
vendors provide an
application to us. We then make the
determination
whether a license is
required or not. We
try to provide food
safety education
during this initial
interaction. It’s hard
to say how effective
or what percentage
of people selling nonPHF provide us an
application though. Certainly, many are
missed.
District
Major Population
Centers
(Counties)
South Central Public
Health District
Does the District allow food Are there any restrictions Are there any restrictions on Current Licensing /
produced in a home kitchen to on which foods can be sold where home-produced foods
Registration?
be sold to the public?
(beyond PHFs)?
can be sold?
Yes, only non-PHFs such as
baked goods without real
cream filling (cookies, breads,
and muffins), jam, and jellies.
We do not allow homemade salsa to be sold.
No, other than no wholesale
or consignment sale.
We ask vendors to
fill out a low-risk
exemption form and
keep it on file.
Direct to consumer
only(retail)
Request application
but not required.
(Blaine, Camas, Cassia, Twin Falls, Jerome,
Hailey, Ketchum
Gooding, Jerome,
Lincoln, Minidoka, Twin
Falls)
Southeastern Idaho
Public Health
(Bannock, Bear Lake,
Bingham, Butte,
Caribou, Franklin,
Oneida, Power)
The current rules have
as long as the food is non
exemptions for FBN- Non Profit- phf then there are no
restrictions
charitable organizations. That’s
it. However Health District
policy allows non-potentially
hazardous foods like jams,
jellies and baked goods to be
exempt from regulation.
Pocatello,
Blackfoot, Soda
Springs, Preston
District
Major Population
Centers
(Counties)
Eastern Idaho Public
Health
(Bonneville, Clark,
Custer, Fremont,
Jefferson, Lemhi,
Madison, Teton)
Does the District allow food Are there any restrictions Are there any restrictions on Current Licensing /
produced in a home kitchen to on which foods can be sold where home-produced foods
Registration?
be sold to the public?
(beyond PHFs)?
can be sold?
We have NOT allowed cut
1- At EIPH we allow NONPHFs to be produced in a home melons, salsa, or cheese
cakes.
kitchen and sold to the public.
Items such as simple breads,
cookies, wedding cakes.
Idaho Falls,
Rexburg, Driggs,
Salmon
Request application
We have not had
but not required.
restrictions on where food
from a home kitchen is sold.
*Exclusion is wholesale to FE
(food establishment), then
void.
District
(Counties)
State Program Notes
Major Population
Centers
Does the District allow food Are there any restrictions Are there any restrictions on Current Licensing /
produced in a home kitchen to on which foods can be sold where home-produced foods
Registration?
be sold to the public?
(beyond PHFs)?
can be sold?
Current Language in Preface to
Idaho Food Code reads: "These
rules do not apply to the
following establishments as
exempted in Idaho Code….Lowrisk food establishments, as
exempted in Section 39-1602,
Idaho Code, which offer only
non-potentially hazardous
foods" (IDAPA
16.02.19.001.04.e)
THIS is the language that we
have historically used to
justify not requiring
license/inspection for many
of the foods that are being
discussed in the "cottage
food" legislation. However,
the section of code
reference, indicates that
the specific food
establishments that are
exempted are
"Establishments which offer
only factory-sealed foods
that are not potentially
hazardous" (emphasis
added). In my opinion, THIS
is what leads to the
inconsistency.