Which Idaho law covers the jam you sell from home?
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You can sell jam made in your Idaho home kitchen with no license, permit or inspection, and since 2026 two laws let you do it. The older cottage food rule in the Idaho Food Code covers fruit jams and jellies sold directly to consumers [3]. The Idaho Direct-to-Consumer Commerce Act (Idaho Code 37-201 to 37-208, enacted as S.B. 1283 in 2026) goes further: it names regular and sugar-free jams, jellies, marmalades, preserves and fruit butters, and lets a consignment shop sell for you [1]. The one condition both share: every sale stays inside Idaho. This page compares the two routes and shows which one fits each kind of jar.
The two routes side by side
| Cottage food rule (Idaho Food Code, IDAPA 16.02.19) | Direct-to-Consumer Commerce Act (Idaho Code 37-201 to 37-208) | |
|---|---|---|
| Jam it covers | "Fruit jams and jellies," as foods that need no time or temperature control [3] | Regular and sugar-free butters, jams, jellies, marmalades, preserves and syrups, sealed or not [1] |
| Permit or license | None; a sales tax permit and possibly a local business license [3] | None; health districts and local governments may not impose stricter rules on these sales [1] [5] |
| Recommended paperwork | A Cottage Foods Risk Assessment Form signed by your health district, no fee [3] | None filed; you must become familiar with the Department of Health and Welfare's food safety materials [1] |
| Where you sell | Farmers markets, home sales, roadside stands, personal delivery or a delivery service [3] | Directly, or through a designated agent such as a cooperative or consignment market, to an informed end consumer [1] |
| Online and mail | Allowed if the sale is within Idaho [3] | Not mentioned; all production, sale and delivery must be within Idaho [1] |
| Stores | Sales to retailers, distributors or brokers fall outside the rule [3] | No retail grocery sales or resale [5]; an agent sells for you without taking ownership [1] |
| Required statement | Prepared "in a home kitchen not subject to regulation and inspection by a regulatory authority" and may contain allergens [3] | "This product is not subject to government food safety inspection or licensing requirements. It may contain allergens." [2] |
| Records | None stated [3] | Keep transaction records at least two years [1] |
Which route fits your jam
A sealed jar of standard jam at a farmers market or from home. Either route works. The Act treats "hermetically sealed" jams, jellies, marmalades, preserves and butters as shelf-stable food [1], and the cottage rule lists fruit jams and jellies [3]. If you want to be covered both ways, nothing stops a label from carrying both statements, plus your name, contact information and ingredients. The cottage route's Risk Assessment Form gives you a signed record that your health district looked at the product [3], which some sellers like to have in hand.
Sugar-free or low-sugar jam. Use the Act. It names "regular and sugar-free" jams and jellies [1]; the cottage rule does not address reduced sugar at all [3]. A sugar-free jam in a jar that is not hermetically sealed counts as perishable under the Act [1], so it needs the handling steps described next.
Freezer jam or any unsealed jar. Use the Act. The cottage rule covers only foods that need no temperature control [3], and freezer jam must be kept frozen or refrigerated. The Act lists "regular and sugar-free" jams, jellies and butters among perishable foods and only "hermetically sealed" ones among shelf-stable foods [1], so a freezer jam is perishable. That brings two duties: produce and store them under conditions that keep them safe, and include handling instructions (for example, keep frozen, and refrigerate after thawing) [1].
Jam in a local shop. Use the Act's designated agent model. You name the agent in writing, the agent never takes ownership of the jam, and a retail space attached to a commercial food establishment must keep your products physically separate and clearly marked [1]. The shop cannot buy your jam to resell it, and no business may use it as an ingredient [1] [5]. The patterns for consignment are on selling jam to shops and cafes.
Online orders. The cottage rule says plainly that online and mail-order sales within Idaho are allowed [3]. The Act is silent on online selling but requires the whole transaction, including delivery, to stay in Idaho [1]. Either way, do not ship to another state.
What the Act asks of you
- Sell only to an informed end consumer. That is a buyer who knows the product is sold under the Act, is the final purchaser, and may not resell it [1].
- Disclose. Tell the buyer the product is not subject to inspection or licensing, and put the statement, your name and contact information, and an ingredient list (any jam has two or more ingredients) on a sign, label or card [1] [2].
- Handle perishable jars correctly. Unsealed jams and freezer jams need safe storage and handling instructions [1].
- Keep records for two years. Product type and quantity, dates of production and sale, where it was made, and where each ingredient came from [1]. A simple batch log on record keeping covers all of it.
- Read the state's food safety material. The Act directs the Department of Health and Welfare to publish educational material and producers to become familiar with it [1]. South Central Public Health District said in March 2026 that districts would issue guidance after receiving it from the Department [4]; none had been published when this page was checked.
The Act leaves Idaho's weights and measures and labeling laws in force [1], so state your net weight correctly. The rest of a jam label is on federal labeling for jam.
Pumpkin butter and pepper jelly
The Act lists "nut, seed, and fruit butters" and "condiments and sauces" without excluding any fruit or pepper [1]. Legal permission does not make a product safe. There is no tested way to can pumpkin butter at home, at any pressure [6], so sell it only as a refrigerated or frozen perishable food with handling instructions, or not at all; see pumpkin butter and other low-acid spreads. Pepper jelly is an acidified food, and the cottage rule does not list it [3]; under the Act, follow a tested recipe exactly, as described on pepper jelly.
Your public health district
Idaho's public health districts handle cottage food questions, and the Idaho Department of Health and Welfare handles foodborne illness and the Act's educational material. The Act's text is on the Legislature's site at Idaho Code 37-205 [2]. Ask your district whether it has issued guidance on the Act and whether it still signs Risk Assessment Forms. Last checked against these sources in October 2026. If a consignment shop is part of your plan under the Act, selling jam to shops and cafes covers consignment terms and what a shop will ask for.
References
- Idaho Legislature, S.B. 1283 (2026), Idaho Direct-to-Consumer Commerce Act, bill text, 2026 Regular Session. https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2026/legislation/S1283.pdf
- Idaho Legislature, Idaho Code 37-205, Direct-to-consumer transactions and requirements, 2026. https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH2/SECT37-205
- University of Idaho Extension, Idaho Regulations for Selling Cottage Foods (BUL 1009), November 2021. https://www.uidaho.edu/-/media/UIdaho-Responsive/Files/Extension/publications/bul/bul1009.pdf?la=en
- South Central Public Health District, Idaho State Legislative Update, March 18, 2026. https://scphdfoodsafety.substack.com/p/legislative-update
- Idaho Farm Bureau Federation, A Practical Guide to Idaho's Direct-to-Consumer Food Law, not dated, viewed October 2026. https://www.idahofb.org/media/mi1burxb/direct-to-consumer-pamphlet.pdf
- National Center for Home Food Preservation, Beware: Pumpkin Butter, December 7, 2012. https://nchfp.uga.edu/blog/beware-pumpkin-butter
