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Committee backs H 526 to let small cottage-food sellers offer certain perishable foods under a $5,000 threshold
Summary
The committee recommended H 526 to the floor with a do-pass report. Sponsor Representative Ehlers said the bill expands cottage-food rules to allow some time/temperature-controlled products for small sellers under $5,000; public-health witnesses urged training, clearer labeling, and caution, citing recent outbreak data.
Representative Ehlers told the committee H 526 would let small cottage food operators sell certain time/temperature-controlled (TCS) foods while preserving labeling and allergen-disclosure rules and offering entrepreneurs a low-cost way to test products before investing in a commercial kitchen. "This legislation removed barriers for entrepreneurs starting a food business," Ehlers said, adding the change is voluntary for consumers.
Public-health witnesses strongly cautioned the committee. Elizabeth Criner of Food Northwest said she supported entrepreneurship but opposed expanding TCS sales without mandatory training, clearer labeling, ingredient disclosure, and liability protections. "Time and temperature-controlled foods required proper training and understanding to ensure safe preparation and to eliminate harmful bacteria," Criner said, noting current cottage-food rules were designed for shelf-stable products such as cookies and bread and do not require permanent labels listing ingredients.
Michael Kane, representing the Association of Health District Directors, told senators that perishable TCS foods can harbor pathogens including salmonella, E. coli, listeria, norovirus and hepatitis A and that the districts lack IDHW training requirements for these items. Russ Duke, director of Central District Health, added that Idaho experienced approximately 50 confirmed foodborne outbreaks and around 1,000 suspected outbreaks over the past five years, arguing that dollar thresholds do not reduce microbiological risk and that oversight would be required if the state expands cottage production of perishable foods.
Senators debated trade-offs between supporting small businesses and protecting consumers. Senator Shippy and Senator Keyser emphasized individual choice and support for entrepreneurs, while Senator Wintrow pressed for stricter labeling and training requirements. Senator Keyser moved to send H 526 to the floor with a do-pass recommendation; Senator Shippy seconded and the motion carried by voice vote with Senator Wintrow recorded as voting nay.
