Adds to existing law to provide that certain cottage food operations may sell TCS foods.
COTTAGE FOOD OPERATIONS -- Adds to existing law to provide that certain cottage food operations may sell TCS foods.
STATEMENT OF PURPOSE
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This legislation removes barriers for entrepreneurs starting a food business. The requirements for a new business to sell any time / temperature controlled foods are burdensome. This legislation allows small sellers (under $5,000) to be able to get a start in selling these types of foods.
FISCAL NOTE
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This legislation causes no increase or decrease in revenue, or additional expenditure of funds at the state or local level of government; therefore, this legislation has no fiscal impact.
BILL TEXT
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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 526 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO COTTAGE FOOD OPERATIONS; AMENDING CHAPTER 16, TITLE 39, IDAHO2 CODE, BY THE ADDITION OF A NEW SECTION 39-1608, IDAHO CODE, TO ESTABLISH3 PROVISIONS REGARDING COTTAGE FOOD OPERATIONS; AND DECLARING AN EMER-4 GENCY AND PROVIDING AN EFFECTIVE DATE.5
Be It Enacted by the Legislature of the State of Idaho:6
SECTION 1. That Chapter 16, Title 39, Idaho Code, be, and the same is7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-8 ignated as Section 39-1608, Idaho Code, and to read as follows:9 39-1608. COTTAGE FOOD OPERATIONS. Notwithstanding any provision of10 law to the contrary, a cottage food operation making sales that do not exceed11 five thousand dollars ($5,000) in cumulative gross receipts in the current12 or previous calendar year may sell time/temperature control for safety foods13 directly to a consumer.14
SECTION 2. An emergency existing therefor, which emergency is hereby15 declared to exist, this act shall be in full force and effect on and after16 July 1, 2026.17
HOW THEY VOTED
House Third Reading
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YEA (67)
ABSENT / NOT VOTING (1)
LATEST ACTION
Referred to 14th Order for amendment
BILL INFO
- Session
- 2026
- Chamber
- house
- Status date
- Feb 10, 2026
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