Current through August 31, 2023
01.
These Rules Apply to Food
Establishments. Food establishments under Section
39-1602, Idaho Code, must follow
these rules. Those facilities include the following: (4-6-23)
a. Restaurants, catering facilities, taverns,
kiosks, vending facilities, commissaries, cafeterias, mobile food facilities,
and temporary food facilities; (4-6-23)
b. Schools, senior centers, hospitals,
residential care and treatment facilities, nursing homes, correctional
facilities, camps, food banks, and church facilities; (4-6-23)
c. Retail markets, meat, fish, delicatessen,
bakeries, supermarkets, convenience stores, health food stores, and
neighborhood markets; and (4-6-23)
d. Food, water and beverage processing and
bottling facilities that manufacture, process, and distribute food, water, and
beverages, and are not inspected for food safety by a federal agency.
(4-6-23)
02.
These
Rules Do Not Apply to These Establishments Under Idaho Code. (4-6-23)
a. Agricultural markets as exempted in
Section 39-1602, Idaho Code.
(4-6-23)
b. Bed-and-breakfast
operations that prepare and offer food for breakfast only to guests. The number
of guest beds must not exceed ten (10) beds under Section
39-1602, Idaho Code.
(4-6-23)
c. Day care facilities
regulated by Sections
39-1101 through
39-1119, Idaho Code.
(4-6-23)
d. Licensed outfitters and
guides regulated by Sections
36-2101 through
36-2119, Idaho Code.
(4-6-23)
e. Low-risk food
establishments, as exempted in Section
39-1602, Idaho Code, which offer
only non-TCS foods. (4-6-23)
f.
Farmers market vendors and roadside stands that only offer or sell non-TCS
foods or cottage foods. (4-6-23)
g.
Non-profit charitable, fraternal, or benevolent organizations that do not
prepare or serve food on a regular basis as exempted in Section
39-1602, Idaho Code. Food is not
considered to be served on a regular basis if it is not served for more than
five (5) consecutive days on no more than three (3) occasions per year for
foods that are non-TCS. For all other food, it must not be served more than one
(1) meal per week. (4-6-23)
h.
Private homes where food is prepared or served for family consumption or
receives catered or home-delivered food as exempted by Section
39-1602, Idaho Code.
(4-6-23)
i. Cottage food
operations, when the consumer is informed and must be provided contact
information for the cottage food operations by a clearly legible label on the
product packaging; or a clearly visible placard at the sales or service
location that also states: (4-6-23)
i. The
food was prepared in a home kitchen that is not subject to regulation and
inspection by the regulatory authority; and (4-6-23)
ii. The food may contain allergens.
(4-6-23)
03.
How to Use This Chapter of Rules. These rules are modifications,
additions, or deletions made to the federal publication incorporated by
reference in Section 002 of these
rules. To follow these rules the publication is required. Changes to those
standards are listed in these rules by which section of the incorporated
publication is being modified at the beginning of each Section of rule.
Citations to the incorporated Food Code are in the format "x-xxx.xx."
(4-6-23)
