(Counties) Panhandle Health Yes No No as long as in state and direct to the consumer (not wholesale) (Benewah, Bonner, Boundary, Kootenai, Shoshone)

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1 Panhandle Health Yes No No as long as in state and direct to the consumer (not wholesale) (Benewah, Bonner, Boundary, Kootenai, Shoshone) Couer d'alene, Sandpoint, St. Maries Request application but not required. Public Health - Idaho North Central District Yes, low risk foods that meet the Non PHF definition are allowed to sold or given away No - if it is a low risk food for RETAIL SALE ONLY then we have been allowing it. We are not placing any restriction on where the food 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 (Clearwater, Idaho, Latah, Lewis, Nez Perce) Moscow, Lewiston, Grangeville

2 Southwest District Health 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 may have operators that are planning to sell cream filled items, tres leche cakes, cream pies complete a ph test on these products to show that they are shelf stable. In most cases they are not shelf stable, but give the operator a chance to prove 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. No additional restrictions other than, no wholesale of product, or sales to another business for resale. We do have the operators that contact us fill out a low risk food application to show an event coordinator that no licensure is needed through the health department to sell their planned items. (Adams, Canyon, Gem, Owyhee, Payette, Washington) Caldwell, Nampa, Weiser, Payette, Council

3 Central District Health Yes- jams, jellies, baked goods at special events, markets. If you look on the internet there are many people selling baked goods that are prepared at home and the health districts have not received notification or application. The current rules have exemptions for FBN- Non Profit- 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. 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 non- PHF provide us an application though. Certainly, many are missed. (Ada, Boise, Elmore, Valley) Boise, Meridian, McCall, Mountain Home

4 South Central Public Health District 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. (Blaine, Camas, Cassia, Twin Falls, Jerome, Gooding, Jerome, Hailey, Ketchum Lincoln, Minidoka, Twin Falls) Southeastern Idaho Public Health The current rules have exemptions for FBN- Non Profitcharitable organizations. That s it. However Health District policy allows non-potentially hazardous foods like jams, jellies and baked goods to be exempt from regulation. as long as the food is non phf then there are no restrictions Direct to consumer only(retail) Request application but not required. (Bannock, Bear Lake, Bingham, Butte, Caribou, Franklin, Oneida, Power) Pocatello, Blackfoot, Soda Springs, Preston

5 Eastern Idaho Public Health 1- At EIPH we allow NON- PHFs to be produced in a home kitchen and sold to the public. Items such as simple breads, cookies, wedding cakes. We have NOT allowed cut melons, salsa, or cheese cakes. We have not had restrictions on where food from a home kitchen is sold. *Exclusion is wholesale to FE (food establishment), then void. Request application but not required. (Bonneville, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, Teton) Idaho Falls, Rexburg, Driggs, Salmon

6 State Program Notes 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 , Idaho Code, which offer only non-potentially hazardous foods" (IDAPA 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.