Idaho Code § 71-108 — Idaho Code / Title 71 / Chapter 1 / Section 71-108
71-108 DEFINITIONS.
Status: in_force

71-108. Definitions. When used in this act:

(1) The word "person" shall be construed to mean both the plural and singular, as the case demands, and shall include individuals, partnerships, corporations, companies, societies, and associations.

(2) The words "weight(s) and (or) measure(s)" shall be construed to mean all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices, except that the term shall not be construed to include meters for the measurement of electricity, gas (natural or manufactured), or water when the same are operated in a public utility system. Such electricity, gas, and water meters are hereby specifically excluded from the purview of this act, and none of the provisions of this act shall be construed to apply to such meters or to any appliances or accessories associated therewith.

(3) The word "net" shall be construed to mean clear of, or excluding all tare, wrappers and other material packed with a commodity or in which a commodity is contained.

(4) The word "weight" as used in this act in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed.

(5) The words "sell" and "sale" shall be construed to mean barter and exchange.

(6) The term "director" shall be construed to mean, respectively, (the state) the director of the department of agriculture or his duly authorized employees.

(7) The term "inspector" shall be construed to mean a state inspector of weights and measures.

(8) The term "intrastate commerce" shall be construed to mean any and all commerce or trade within the limits of the state of Idaho, and the phrase "introduced into intrastate commerce" shall be construed to define the time and place at which the first sale and delivery of a commodity is made within the state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

(9) The term "commodity in package form" shall be construed to mean commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of any auxiliary shipping container inclosing packages that individually conform to the requirements of this act. An individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be construed to be commodity in package form.

(10) A "consumer package" or "package of consumer commodity" shall be construed to mean a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals for the purpose of personal care or use by individuals or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions.

(11) A "nonconsumer package" or "package of nonconsumer commodity" shall be construed to mean any commodity in package form other than a consumer package, and particularly a package designed solely for industrial or institutional use or for wholesale distribution only.

(12) For the purposes of this act, apparatus shall be deemed to be "correct" when it conforms to all applicable requirements promulgated by the national bureau of standards or its successor organization, the national institute of standards and technology, or by regulation passed by the director. Other apparatus shall be deemed to be "incorrect."

History:

[71-108, added 1969, ch. 43, sec. 1, p. 108; am. 1974, ch. 18, sec. 236, p. 364; am. 1990, ch. 37, sec. 1, p. 56.]
Idaho Code § 71-409 — Idaho Code / Title 71 / Chapter 4 / Section 71-409
71-409 DISPOSITION OF FEES.
Status: in_force

71-409. Disposition of fees. All fees collected by the director of the department of agriculture under the provisions of this act shall be deposited in the weights and measures dedicated fund of the state treasury.

History:

[(71-409) I.C.A., sec. 69-409, as added by 1949, ch. 155, sec. 1, p. 332; am. 1950 (E.S.), ch. 13, sec. 1, p. 24; am. 1974, ch. 18, sec. 246, p. 364; am. 2012, ch. 43, sec. 1, p. 131.]
Idaho Code § 71-121 — Idaho Code / Title 71 / Chapter 1 / Section 71-121
71-121 RULES — FEES — WEIGHTS AND MEASURES INSPECTION FUND.
Status: in_force

71-121. Rules — Fees — Weights and measures inspection fund. The director shall have the authority to promulgate rules to establish fees for the licensing of weighing and measuring devices to compensate the state for the expense of administering weights and measures laws. The director shall collect a reasonable fee not to exceed the actual cost to the state of administering such laws. Fees shall be deposited with the state treasurer and shall be credited to the weights and measures inspection fund, which is hereby created and established. Moneys in the weights and measures inspection fund shall be invested as provided in section 67-1210, Idaho Code, and interest earned on investment of idle moneys in the fund shall be paid to the fund. Moneys in the fund shall be used solely for carrying out the provisions of title 71, Idaho Code, and may be expended only pursuant to legislative appropriation.

History:

[71-121, added 2003, ch. 355, sec. 3, p. 951.]
Idaho Code § 71-304 — Idaho Code / Title 71 / Chapter 3 / Section 71-304
71-304 IMPERSONATION OF OFFICERS — PENALTY.
Status: in_force

71-304. Impersonation of officers — Penalty. Any person who shall impersonate in any way the director, the administrator or bureau chief, or any one (1) of the inspectors, by the use of his seal or a counterfeit of his seal, or in any other manner, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.

History:

[71-304, added 1969, ch. 43, sec. 29, p. 108; am. 1974, ch. 18, sec. 242, p. 364.]
Idaho Code § 71-305 — Idaho Code / Title 71 / Chapter 3 / Section 71-305
71-305 ACTS CONSTITUTING MISDEMEANORS — PENALTIES.
Status: in_force

71-305. Acts constituting misdemeanors — Penalties. Any person who, by himself, or by his servant or agent, or as the servant or agent of another person, performs any one (1) of the acts enumerated in subparagraphs (1) through (9) of this section shall be guilty of a misdemeanor and, upon first conviction thereof, shall be punished by a fine of not less than twenty dollars ($20.00) or more than two hundred dollars ($200) or by imprisonment for not more than three (3) months, or by both such fine and imprisonment. Upon a second or subsequent conviction thereof, he shall be punished by a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.

(1) Use or have in possession for the purpose of using for any commercial purpose specified in section 71-113, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure.

(2) Use, or have in possession for the purpose of current use for any commercial purpose specified in section 71-113, a weight or measure that does not bear a seal or mark such as is specified in section 71-117, unless such weight or measure has been exempted from testing by the provisions of section 71-113 or by a regulation of the director issued under the authority of section 71-111, or unless the apparatus has been placed in service as provided by a regulation of the director issued under the authority of section 71-111.

(3) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation.

(4) Remove from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed thereon by the appropriate authority.

(5) Sell, or offer to expose for sale, less than the quantity he represents of any commodity, thing or service.

(6) Take more than the quantity he represents of any commodity, thing, or service, when, as buyer, he furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined.

(7) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell any commodity, thing, or service in a condition or manner contrary to law or regulation.

(8) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer.

(9) Violate any provision of this act or of the regulations promulgated under the provisions of this act for which a specific penalty has not been prescribed.

History:

[71-305, added 1969, ch. 43, sec. 30, p. 108.]
Idaho Code § 71-242 — Idaho Code / Title 71 / Chapter 2 / Section 71-242
71-242 BERRIES AND SMALL FRUIT — HOW SOLD.
Status: in_force

71-242. Berries and small fruit — How sold. Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of one-half (1/2) dry pint, one (1) dry pint, or one (1) dry quart.

History:

[71-242, added 1969, ch. 43, sec. 26, p. 108.]
Idaho Code § 71-119 — Idaho Code / Title 71 / Chapter 1 / Section 71-119
71-119 REJECTED WEIGHTS AND MEASURES — CORRECTION OR DISPOSAL.
Status: in_force

71-119. Rejected weights and measures — Correction or disposal. Weights and measures that have been rejected under the authority of the director or of an inspector shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section. The owners of such rejected weights and measures shall cause the same to be made correct within thirty (30) days or such longer period as may be authorized by the rejecting authority; or, in lieu of this, may dispose of the same, but only in such manner as is specifically authorized by the rejecting authority. Weights and measures that have been rejected shall not again be used commercially until they have been officially re-examined and found to be correct, or until specific written permission for such use is issued by the rejecting authority, or until the rejection tag has been removed and the rejected device repaired and placed in service by a person duly registered to perform such acts under a regulation issued by the director for the registration of weights and measures, servicemen and service agencies.

History:

[71-119, added 1969, ch. 43, sec. 15, p. 108.]
Idaho Code § 71-231 — Idaho Code / Title 71 / Chapter 2 / Section 71-231
71-231 CERTIFICATION OF STATE STANDARDS — FIELD STANDARDS.
Status: in_force

71-231. Certification of state standards — Field standards. The weights and measures of the state used as state standards shall, when they have been certified as being satisfactory for use by the national bureau of standards or its successor organization, the national institute of standards and technology, be the state standards of weight and measure and they shall be maintained in such calibration as prescribed by the national institute of standards and technology. There shall also be "field standards" and such equipment as may be found necessary to carry out the provisions of this act. Said field standards shall be tested by the bureau each year.

History:

[71-321, added 1969, ch. 43, sec. 4, p. 108; am. 1974, ch. 18, sec. 239, p. 364; am. 1990, ch. 37, sec. 4, p. 57; am. 1991, ch. 32, sec. 1, p. 70.]
Idaho Code § 71-237 — Idaho Code / Title 71 / Chapter 2 / Section 71-237
71-237 BUTTER, OLEOMARGARINE, MARGARINE, BUTTER-LIKE AND MARGARINE-LIKE SPREADS.
Status: in_force

71-237. Butter, oleomargarine, margarine, butter-like and margarine-like spreads. Butter, oleomargarine, margarine, butter-like and margarine-like spreads shall be offered and exposed for sale and sold by weight. Butter-like and margarine-like spreads are those products that meet the federal standard of identity for butter or margarine and oleomargarine except that they contain less than eighty percent (80%) fat and may contain other safe and suitable ingredients.

History:

[71-237, added 1969, ch. 43, sec. 21, p. 108; am. 1991, ch. 33, sec. 1, p. 70; am. 1998, ch. 134, sec. 2, p. 492.]
Idaho Code § 71-411 — Idaho Code / Title 71 / Chapter 4 / Section 71-411
71-411 STANDARD WEIGHT AND TARE TICKET.
Status: in_force

71-411. Standard weight and tare ticket. (1) All commodities weighed on public platform scales, having a capacity of five (5) tons or more, shall be recorded on standard weight and tare ticket prepared in triplicate, stating:

(a) Name and address of licensed weighing agency;

(b) Serial number;

(c) Date;

(d) Owner of commodity weighed;

(e) Kind of commodity being weighed;

(f) Gross weight of load;

(g) Tare;

(h) Net weight; and

(i) Full signature of weigher.

(2) Weight and tare tickets shall be kept and maintained by the weighmaster or the weighing facility for three (3) years.

History:

[(71-411) I.C.A., sec. 69-411, added 1949, ch. 155, sec. 1, p. 332; am. 1967, ch. 251, sec. 1, p. 718; am. 2020, ch. 141, sec. 7, p. 432.]
Idaho Code § 71-243 — Idaho Code / Title 71 / Chapter 2 / Section 71-243
71-243 FRACTIONAL PARTS OF UNITS OF WEIGHT OR MEASURE.
Status: in_force

71-243. Fractional parts of units of weight or measure. Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in sections 71-229 and 71-230, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement.

History:

[71-243, added 1969, ch. 43, sec. 27, p. 108.]
Idaho Code § 71-116 — Idaho Code / Title 71 / Chapter 1 / Section 71-116
71-116 ENFORCEMENT ORDERS.
Status: in_force

71-116. Enforcement orders. The director shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of his enforcement of the provisions of this act he deems it necessary or expedient to issue such orders, and no person shall use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under the authority of this section.

History:

[71-116, added 1969, ch. 43, sec. 12, p. 108.]
Idaho Code § 71-233 — Idaho Code / Title 71 / Chapter 2 / Section 71-233
71-233 PACKAGED COMMODITIES — LABEL REQUIRED — CONTENTS.
Status: in_force

71-233. Packaged commodities — Label required — Contents. Any packaged commodity, introduced or received into intrastate commerce or kept, offered or exposed for sale shall bear on the outside of the package declarations of: (1) the identity of the commodity in the package, (2) the net quantity of the contents in terms of weight, measure or count, and (3) where the package is not sold where packed the name and place of business of the manufacturer, packer or distributor. The director may by regulation provide for use and/or methods of labeling, qualifying terms, reasonable variations, exceptions, exemptions, declarations of price, random packages, misleading packages, standards of net weight, measure or count and standards of fill, and advertising. In adopting such regulations the director may consider the appropriate federal packaging and labeling laws and regulations and all commodities packaged in compliance with such federal laws and regulations.

History:

[71-233, added 1969, ch. 43, sec. 17, p. 108.]
Idaho Code § 71-303 — Idaho Code / Title 71 / Chapter 3 / Section 71-303
71-303 INTERFERING WITH OFFICERS — PENALTY.
Status: in_force

71-303. Interfering with officers — Penalty. Any person who shall hinder or obstruct in any way the director, administrator or bureau chief, or any of the inspectors, in the performance of his official duties shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars ($20.00) or more than two hundred dollars ($200), or by imprisonment for not more than three (3) months, or by both such fine and imprisonment.

History:

[71-303, added 1969, ch. 43, sec. 28, p. 108; am. 1974, ch. 18, sec. 241, p. 364.]
Idaho Code § 71-232 — Idaho Code / Title 71 / Chapter 2 / Section 71-232
71-232 SALE OF COMMODITIES BY WEIGHT OR MEASURE — EXCEPTIONS.
Status: in_force

71-232. Sale of commodities by weight or measure — Exceptions. Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this act, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count; provided, that liquid commodities may be sold by weight and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold: and provided further, that the provisions of this section shall not apply (1) to commodities when sold for immediate consumption on the premises where sold, (2) to vegetables when sold by the head or bunch, (3) to commodities in containers standardized by a law of this state or by federal law, (4) to commodities in package form when there exists a general consumer usage to express the quality in some other manner, (5) to concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure, or (6) to unprocessed vegetable and animal fertilizer when sold by cubic measure. The director may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest.

History:

[71-232, added 1969, ch. 43, sec. 16, p. 108.]
Idaho Code § 71-114 — Idaho Code / Title 71 / Chapter 1 / Section 71-114
71-114 INVESTIGATION OF COMPLAINTS OF AND POSSIBLE VIOLATIONS OF ACT.
Status: in_force

71-114. Investigation of complaints of and possible violations of act. The director shall investigate complaints made to him concerning violations of the provisions of this act, and shall, upon his own initiative, conduct such investigations as he deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determinations and on possible violations of the provisions of this act, and shall have the power to subpoena witnesses or take depositions, throughout the state, in relation to investigations or any hearings held by him under this act.

History:

[71-114, added 1969, ch. 43, sec. 10, p. 108.]
Idaho Code § 71-117 — Idaho Code / Title 71 / Chapter 1 / Section 71-117
71-117 SEALING OR MARKING CORRECT WEIGHTS AND MEASURES.
Status: in_force

71-117. Sealing or marking correct weights and measures. The director shall approve for use, and seal or mark with appropriate devices, such weights and measures as he finds upon inspection and test to be "correct" as defined in section 71-108, paragraph 12, and shall reject and mark or tag as "rejected" such weights and measures as he finds, upon inspection or test, to be "incorrect" as defined in section 71-108, paragraph 12, but which in his best judgment are susceptible of satisfactory repair: provided, that such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a regulation of the director issued under the authority of section 71-111. The director shall condemn, and may seize and destroy, weights and measures found to be incorrect that, in his best judgment, are not susceptible of satisfactory repair, as provided for in section 71-308. Weights and measures that have been rejected may be confiscated and may be destroyed by the director if not corrected as required by section 71-119, or if used or disposed of contrary to the requirements of section 71-119, as provided for in section 71-308.

History:

[71-117, added 1969, ch. 43, sec. 13, p. 108.]
Idaho Code § 71-240 — Idaho Code / Title 71 / Chapter 2 / Section 71-240
71-240 DELIVERY IN BULK — DUPLICATE DELIVERY TICKET SHOWING WEIGHT.
Status: in_force

71-240. Delivery in bulk — Duplicate delivery ticket showing weight. When a vehicle delivers to an individual purchaser a commodity in bulk, and the commodity is sold in terms of weight units, the delivery shall be accompanied by a duplicate delivery ticket with the following information clearly stated, in ink or by means of other indelible marking equipment and, in clarity, equal to type or printing, (1) the name and address of the vendor, (2) the name and address of the purchaser, and (3) the net weight of the delivery expressed in pounds, and, if the net weight is derived from determinations of gross and tare weights, such gross and tare weights also shall be stated in terms of pounds. One (1) of these tickets shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of delivery of the commodity, or shall be surrendered, on demand, to the director, or the bureau chief or the inspector, who, if he desires to retain it as evidence, shall issue a weight slip in lieu thereof for delivery to the purchaser; provided, that, if the purchaser, himself, carries away his purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered to him.

History:

[71-240, added 1969, ch. 43, sec. 24, p. 108; am. 1974, ch. 18, sec. 240, p. 364.]
Idaho Code § 71-235 — Idaho Code / Title 71 / Chapter 2 / Section 71-235
71-235 SALE OF MEAT, POULTRY AND SEAFOOD BY WEIGHT REQUIRED — EXCEPTIONS.
Status: in_force

71-235. Sale of meat, poultry and seafood by weight required — Exceptions. Except for immediate consumption on the premises where sold, or as one (1) of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry (whole or parts), and all seafood except shellfish, offered or exposed for sale or sold as food shall be offered or exposed for sale and sold by weight. When meat, poultry or seafood is combined with or associated with some other food product or a food combination, such food product or combination shall be offered or exposed for sale and sold by weight, and the quantity representation may be the total weight of the product of combination, and a quantity representation need not be made for each of the several elements of the product or combination.

History:

[71-235, added 1969, ch. 43, sec. 19, p. 108.]
Idaho Code § 71-239 — Idaho Code / Title 71 / Chapter 2 / Section 71-239
71-239 FLOUR, HOMINY GRITS AND CORN MEAL.
Status: in_force

71-239. Flour, hominy grits and corn meal. When in package form and when packed, kept, offered, or exposed for sale or sold, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour and enriched self-rising flour, enriched bromated flour, corn flour, corn meal, and hominy grits, whether enriched or not, shall be sold by weight.

History:

[71-239, added 1969, ch. 43, sec. 23, p. 108; am. 1998, ch. 134, sec. 4, p. 492.]
Idaho Code § 71-401 — Idaho Code / Title 71 / Chapter 4 / Section 71-401
71-401 SHORT TITLE — DEFINITIONS.
Status: in_force

71-401. Short title — Definitions. (1) This chapter may be cited as the "Weighmaster Standards Act."

(2) Definitions — When used in this chapter:

(a) "Director" means the director of the Idaho department of agriculture.

(b) "Department" means the department of agriculture of the state of Idaho.

(c) "Weighmaster" means any person who weighs grains, dry peas, potato starch, dry beans, leguminous and all other small seeds, hay, wool, bulk potatoes, bulk fertilizers, sugar beets, and feeds.

History:

[(71-401) I.C.A., sec. 69-401, added 1949, ch. 155, sec. 1, p. 332; am. 1976, ch. 120, sec. 1, p. 461; am. 2020, ch. 141, sec. 1, p. 431.]
Idaho Code § 71-408 — Idaho Code / Title 71 / Chapter 4 / Section 71-408
71-408 ENFORCEMENT OF ACT — RULES AND REGULATIONS.
Status: in_force

71-408. Enforcement of act — Rules and regulations. The director of the department of agriculture may adopt and publish rules and regulations necessary for the administration of this act.

History:

[(71-408) I.C.A., sec. 69-408, as added by 1949, ch. 155, sec. 1, p. 332; am. 1974, ch. 18, sec. 245, p. 364.]
Idaho Code § 71-115 — Idaho Code / Title 71 / Chapter 1 / Section 71-115
71-115 VERIFICATION OF WEIGHT OR MEASURE OF CONTENTS OF PACKAGES — SAMPLING PROCEDURE — TAGGING NON-COMPLYING PACKAGES — SALE OF TAGGED PACKAGES PROHIBITED.
Status: in_force

71-115. Verification of weight or measure of contents of packages — Sampling procedure — Tagging non-complying packages — Sale of tagged packages prohibited. The director shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or exposed for sale or sold in accordance with law. When such packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of the law, the director may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this act, the director may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot. No person shall (1) sell, or keep, offer, or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements, or (2) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner, except with the specific approval of the director.

History:

[71-115, added 1969, ch. 43, sec. 11, p. 108.]
Idaho Code § 71-118 — Idaho Code / Title 71 / Chapter 1 / Section 71-118
71-118 SEIZURE OF WEIGHTS, MEASURES OR PACKAGES FOR EVIDENCE.
Status: in_force

71-118. Seizure of weights, measures or packages for evidence. With respect to the enforcement of this act and any other acts dealing with weights and measures that he is or may be empowered to enforce, the director is hereby authorized to seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts or packages of a commodity found to be used, retained, offered, or exposed for sale or sold in violation of law. In the performance of his official duties, the director is authorized to enter and go into or upon, without formal warrant, any structure or premises and to stop any person whatsoever and to require him to proceed, with or without any vehicle of which he may be in charge, to some place which the director may specify.

History:

[71-118, added 1969, ch. 43, sec. 14, p. 108.]
Idaho Code § 71-113 — Idaho Code / Title 71 / Chapter 1 / Section 71-113
71-113 INSPECTION AND TESTING OF COMMERCIALLY-USED WEIGHTS AND MEASURES.
Status: in_force

71-113. Inspection and testing of commercially-used weights and measures. The director shall have the power to inspect and test, to ascertain if they are correct, all weights and measures commercially used, kept, offered, or exposed for sale, and to determine the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or of count. The inspection, testing, and determinations here provided for shall be done under a schedule to be drawn up by the director.

History:

[71-113, added 1969, ch. 43, sec. 9, p. 108.]
Idaho Code § 71-238 — Idaho Code / Title 71 / Chapter 2 / Section 71-238
71-238 FLUID DAIRY AND MILK PRODUCTS.
Status: in_force

71-238. Fluid dairy and milk products. All fluid dairy and milk products including, but not limited to, whole milk, skimmed milk, cultured milk, sweet cream, sour cream, and buttermilk, shall be sold in units of fluid volume.

History:

[71-238, added 1969, ch. 43, sec. 22, p. 108; am. 1975, ch. 231, sec. 1, p. 634; am. 1998, ch. 134, sec. 3, p. 492.]
Idaho Code § 71-308 — Idaho Code / Title 71 / Chapter 3 / Section 71-308
71-308 REVIEW OF ORDERS — APPEAL.
Status: in_force

71-308. Review of orders — Appeal. (1) Any person aggrieved by any "stop-use order," "stop-removal order," "removal order," "rejection," "condemnation," "off sale order" or other action or investigation made or done pursuant to this act may within thirty (30) days after an order is issued or any action is taken, petition the director for a hearing to determine the matter as provided for in relation to contested cases by chapter 52, title 67, Idaho Code, and may thereafter as provided for in chapter 52, title 67, Idaho Code, appeal any decision of the director.

(2) The director shall give due notice and hold a hearing within ten (10) days after confiscating any apparatus or commodity under section 71-117 or seizing any apparatus of commodity for evidence under section 71-118. Said hearing shall be held under the provisions of chapter 52, title 67, Idaho Code, and shall be for the purpose of determining whether any such commodity or apparatus was properly confiscated or seized, and to determine whether or not such commodity or apparatus was used for, or is in, violation of any provision of this act, and to determine the disposition to be made of such commodity or apparatus. Any such decision may be appealed from as provided for in chapter 52, title 67, Idaho Code.

History:

[71-308, added 1969, ch. 43, sec. 33, p. 108.]
Idaho Code § 71-306 — Idaho Code / Title 71 / Chapter 3 / Section 71-306
71-306 INJUNCTIONS — IMPOUNDING OF COMMODITIES.
Status: in_force

71-306. Injunctions — Impounding of commodities. The director is authorized to apply to any district court for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provisions of this act, and may order any commodity or weight or measure to be seized and held pending the outcome of said action.

History:

[71-306, added 1969, ch. 43, sec. 31, p. 108.]
Idaho Code § 71-236 — Idaho Code / Title 71 / Chapter 2 / Section 71-236
71-236 SIZES OF LOAVES OF BREAD PERMITTED.
Status: in_force

71-236. Sizes of loaves of bread permitted. Each loaf of bread kept, offered, or exposed for sale, or sold, whether or not the bread is packaged or sliced, shall be sold by weight unless specifically exempted by rules promulgated by the director.

History:

[71-236, added 1969, ch. 43, sec. 20, p. 108; am. 1998, ch. 134, sec. 1, p. 491.]
Idaho Code § 71-112 — Idaho Code / Title 71 / Chapter 1 / Section 71-112
71-112 TESTING WEIGHTS AND MEASURES USED IN PUBLIC INSTITUTIONS.
Status: in_force

71-112. Testing weights and measures used in public institutions. The director shall from time to time, test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, report his findings, in writing, to the supervisory board or to the executive officer of the institution concerned.

History:

[71-112, added 1969, ch. 43, sec. 8, p. 108.]
Idaho Code § 71-241 — Idaho Code / Title 71 / Chapter 2 / Section 71-241
71-241 PETROLEUM PRODUCTS — HOW SOLD — MEASUREMENT.
Status: in_force

71-241. Petroleum products — How sold — Measurement. (1) All petroleum products shall be sold by liquid measure or by net weight in accordance with the provisions of section 71-232, Idaho Code, and in accordance with regulations to be made by the director.

(2) Sellers of motor fuel within this state shall offer to prospective purchasers the option to buy the product either by gross gallons or on the assumption that the temperature of the product is sixty degrees (60°) fahrenheit or the centigrade equivalent. This purchaser option may be exercised only on an annual basis and applied only to single deliveries of eight thousand (8,000) gallons or more or the metric equivalent. Any adjustments to volumes during the temperature compensation process shall be made in accordance with the standards set by the American society of testing materials.

(3) The department of agriculture may purchase and use measuring devices for monitoring bulk deliveries.

(4) Any retail outlet offering self-dispensed motor fuels only shall, upon request of the disabled driver, provide assistance in delivering fuel into the tank of a vehicle displaying an accessible parking license or card, but this requirement shall not apply when such vehicle carries an able-bodied adult or if only one (1) attendant is on duty at the retail outlet. Disabled individuals receiving this refueling service at a self-service pump shall not be charged more than the self-service price for the fuel. Notice of the availability of this service shall be posted pursuant to the provisions of subsection (5)(b) of this section. A violation of the provisions of this subsection shall be an infraction.

(5) Any retail outlet offering both attendant-dispensed motor fuels and self-dispensed motor fuels will, during those hours that attendant-dispensed motor fuels are available, provide attendant-dispensed motor fuels at the same price as for self-dispensed motor fuels when such fuel is delivered at the self-service pump into the fuel tank of a vehicle displaying an accessible parking license or card, but this requirement shall not apply when such vehicle carries an able-bodied adult.

(a) Notification of the provisions of subsections (4) and (5) of this section shall be provided, by the Idaho transportation department, to all operators of facilities offering gasoline or other motor vehicle fuels for sale, and to every person who is issued an accessible parking plate or a disabled veterans registration plate, or other authorized designation.

(b) The following notice shall be provided by the Idaho transportation department and posted in a manner and location which is visible to any driver seeking refueling service. The notice shall be a placard in substantially the following format, printed in black except that the international accessible symbol shall be printed in blue.

WHEN THERE ARE TWO OR MORE

EMPLOYEES ON DUTY

THIS STATION WILL

PUMP YOUR GAS

Idaho Code Section 71-241

History:

[71-241, added 1969, ch. 43, sec. 25, p. 108; am. 1981, ch. 337, sec. 1, p. 701; am. 1990, ch. 297, sec. 1, p. 819; am. 1999, ch. 135, sec. 1, p. 381; am. 2010, ch. 235, sec. 69, p. 603.]
Idaho Code § 71-111 — Idaho Code / Title 71 / Chapter 1 / Section 71-111
71-111 REGULATIONS FOR ENFORCEMENT.
Status: in_force

71-111. Regulations for enforcement. The director shall issue regulations for the enforcement of this act, which regulations shall have the force and effect of law. The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, together with amendments thereto of the national conference on weights and measures recommended and published by national bureau of standards or its successor organization, the national institute of standards and technology, from time to time, shall be considered by the director in establishing such regulations and said regulations shall conform as nearly as possible to those recommended by the national bureau of standards or its successor organization, the national institute of standards and technology. The director may by regulations exempt apparatus from any or all of the requirements of this act.

History:

[71-111, added 1969, ch. 43, sec. 7, p. 108; am. 1990, ch. 37, sec. 2, p. 57.]
Idaho Code § 71-402 — Idaho Code / Title 71 / Chapter 4 / Section 71-402
71-402 WEIGHMASTERS.
Status: in_force

71-402. weighmasters. Any person acting as a weighmaster shall comply with the provisions of this act.

History:

[(71-402) I.C.A., sec. 69-402, added 1949, ch. 155, sec. 1, p. 332; am. 1957, ch. 99, sec. 1, p. 173; am. 1961, ch. 52, sec. 1, p. 80; am. 1967, ch. 185, sec. 1, p. 612; am. 1974, ch. 18, sec. 243, p. 364; am. 1984, ch. 18, sec. 1, p. 21; am. 2001, ch. 145, sec. 1, p. 515; am. 2020, ch. 141, sec. 2, p. 432.]
Idaho Code § 71-407 — Idaho Code / Title 71 / Chapter 4 / Section 71-407
71-407 GIVING FALSE WEIGHT TICKETS.
Status: in_force

71-407. Giving false weight tickets. Any person who shall mark, alter, stamp, or write any false weight ticket, scale ticket, or weight certificate, knowing it to be false, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not to exceed three hundred dollars ($300) for each offense, or imprisoned in the county jail for not more than six (6) months, or both.

History:

[(71-407) I.C.A., sec. 69-407, as added by 1949, ch. 155, sec. 1, p. 332; am. 1957, ch. 99, sec. 3, p. 173.]
Idaho Code § 71-307 — Idaho Code / Title 71 / Chapter 3 / Section 71-307
71-307 PRESUMPTIVE PROOF OF USE OF WEIGHT OR MEASURE.
Status: in_force

71-307. Presumptive proof of use of weight or measure. For the purposes of this act, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, inclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence on conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, inclosure, stand or vehicle.

History:

[71-307, added 1969, ch. 43, sec. 32, p. 108.]
Idaho Code § 71-234 — Idaho Code / Title 71 / Chapter 2 / Section 71-234
71-234 MISREPRESENTATION OF PRICE PROHIBITED — FRACTIONS OF CENTS.
Status: in_force

71-234. Misrepresentation of price prohibited — Fractions of cents. Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half (1/2) the height and width of the numerals representing the whole cents.

History:

[71-234, added 1969, ch. 43, sec. 18, p. 108.]
Idaho Code § 71-109 — Idaho Code / Title 71 / Chapter 1 / Section 71-109
71-109 BUREAU OF WEIGHTS AND MEASURES.
Status: in_force

71-109. Bureau of weights and measures. Within the department of agriculture there shall be a bureau of weights and measures. The director of the department of agriculture shall be the director of weights and measures. He shall appoint an inspection staff of weights and measures inspectors and necessary supervisory, technical and clerical personnel.

History:

[71-109, added 1969, ch. 43, sec. 5, p. 108; am. 1974, ch. 18, sec. 237, p. 364.]
Idaho Code § 71-120 — Idaho Code / Title 71 / Chapter 1 / Section 71-120
71-120 SERVICE FOR FEDERAL GOVERNMENT — TESTING AND WEIGHING OR MEASURING APPARATUS.
Status: in_force

71-120. Service for federal government — Testing and weighing or measuring apparatus. (1) The director on behalf of the bureau of weights and measures may with the approval of the governor contract to perform services similar to those provided for by this act for any agency or subdivision of the federal government and may receive on behalf of the bureau of weights and measures funds from any such division or agency of the federal government to cover the expenses incurred in performing such services.

(2) At the request of any person, the director may inspect, test and seal weighing or measuring apparatus in addition to the testing required by law. Any person making such special request shall pay the bureau the necessary expenses incurred by it in making inspections and tests.

History:

[71-120, added 1969, ch. 43, sec. 34, p. 108; am. 1974, ch. 18, sec. 238, p. 364.]
Idaho Code § 71-110 — Idaho Code / Title 71 / Chapter 1 / Section 71-110
71-110 DUTIES OF DIRECTOR.
Status: in_force

71-110. Duties of director. The director shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this act, and shall together with the supervisory personnel and the inspectors enforce the provisions of this act and shall keep accurate records of the same. He shall have and keep general supervision over the weights and measures offered for sale, sold, or in use commercially in this state. The director shall report to the governor's office when and as he is required to do so.

History:

[71-110, added 1969, ch. 43, sec. 6, p. 108.]
Idaho Code § 71-229 — Idaho Code / Title 71 / Chapter 2 / Section 71-229
71-229 UNITED STATES AND METRIC SYSTEMS JOINTLY RECOGNIZED.
Status: in_force

71-229. United States and metric systems jointly recognized. The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one (1) or both of these systems shall be used for all commercial purposes in the state of Idaho. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the national bureau of standards or its successor organization, the national institute of standards and technology, are recognized and shall govern weighing and measuring equipment and transactions in the state.

History:

[71-229, added 1969, ch. 43, sec. 2, p. 108; am. 1990, ch. 37, sec. 3, p. 57.]
Idaho Code § 71-230 — Idaho Code / Title 71 / Chapter 2 / Section 71-230
71-230 “BARREL,” “TON” AND “CORD” DEFINED.
Status: in_force

71-230. "Barrel," "ton" and "cord" defined. The term "barrel" when used in connection with fermented liquor shall mean a unit of thirty-one (31) gallons. The term "ton" shall mean a unit of two thousand (2,000) pounds avoirdupois weight. The term "cord" when used in connection with wood intended for fuel purposes shall mean the amount of wood that is contained in a space of one hundred twenty-eight (128) cubic feet when the wood is ranked and well stowed.

History:

[71-230, added 1969, ch. 43, sec. 3, p. 108.]