Idaho Code § 37-2739B — Idaho Code / Title 37 / Chapter 27 / Section 37-2739B
37-2739B FIXED MINIMUM SENTENCES IN DRUG CASES.
Status: in_force

ARTICLE IV

37-2739B. Fixed minimum sentences in drug cases. (a) The legislature intends to allow fixed minimum sentences for certain aggravating factors found in cases brought under the uniform controlled substances act. The legislature hereby finds and declares that trafficking in controlled substances in the state of Idaho is a primary contributor to a societal problem that causes loss of life, personal injury and theft of property, and exacts a tremendous toll on the citizens of this state. To afford better protection to our citizens from those who traffic in controlled substances, the fixed minimum sentencing contained in subsections (b) and (c) of this section is enacted. By enacting fixed minimum sentences, the legislature does not seek to limit a court's power to impose a greater sentence pursuant to section 19-2513, Idaho Code.

(b) Any person who is found guilty of violating the provisions of section 37-2732(a)(1)(A), Idaho Code, or of any attempt or conspiracy to commit such a crime, may be sentenced to a fixed minimum term of confinement to the custody of the state board of correction, which term shall be at least five (5) years and may extend to life, for each of the following aggravating factors found by the trier of fact:

(1) That the defendant has previously been found guilty of or convicted of a violation of section 37-2732(a)(1)(A), Idaho Code, or of an attempt or conspiracy to commit such a crime, or an offense committed in another jurisdiction which, if committed in this jurisdiction, would be punishable as a violation of section 37-2732(a)(1)(A), Idaho Code, or as an attempt or conspiracy to commit such an offense.

(2) That the violation occurred on or within one thousand (1,000) feet of the property of any public or private primary or secondary school, or in those portions of any building, park, stadium or other structure or grounds which were, at the time of the violation, being used for an activity sponsored by or through such a school.

(3) That the violation consisted of the delivery or attempted delivery of a controlled substance to a minor child under the age of eighteen (18) years.

(c) The fixed minimum terms provided in this section may be imposed where the aggravating factors are separately charged in the information or indictment and admitted by the accused or found to be true by the trier of fact at the trial of the substantive crime; provided, however, that the prosecutor shall give notice to the defendant of intent to seek a fixed penalty at least fourteen (14) days prior to trial. During a fixed minimum term of confinement imposed under this section, the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct except for meritorious service. Each fixed minimum term imposed shall be served consecutively to the others, and consecutively to any minimum term of confinement imposed for the substantive offense.

(d) Any person who is found guilty of violating the provisions of section 37-2732(a)(1)(A), Idaho Code, or of any attempt or conspiracy to commit such a crime, and who is sentenced to serve at least one (1) minimum term of confinement under this section, may be fined an amount up to twice that otherwise provided for the substantive offense.

History:

[37-2739B, added 1990, ch. 268, sec. 1, p. 756.]
Idaho Code § 37-603 — Idaho Code / Title 37 / Chapter 6 / Section 37-603
37-603 AUTHORITY AND DUTIES OF DIRECTOR AND AGENCY COORDINATION.
Status: in_force

37-603. Authority and duties of director and agency coordination. (1) The director of the department shall be solely responsible for approving and enforcing dairy environmental management plans. The department is authorized to adopt rules to implement the provisions in this chapter.

(2) The department shall implement programs to recognize, support and promote performance and innovation in the design, construction, operation and maintenance of dairy environmental management systems. The department shall consult and coordinate with the Idaho dairymen's association in the implementation of such programs.

(3) Nothing in this chapter shall affect the authority of the department of environmental quality to administer and enforce an Idaho NPDES program for dairy farms that discharge pollutants to waters of the United States, including without limitation, the authority to issue permits, access records, conduct inspections and take enforcement action, as set forth in chapter 1, title 39, Idaho Code, and the rules adopted pursuant thereto. The provisions of this chapter do not alter the requirements, liabilities and authorities with respect to or established by an Idaho NPDES program.

(4) The director of the department of environmental quality and the director of the department of agriculture shall, as appropriate, establish an agreement relating to the administration of an Idaho NPDES program that recognizes the expertise of the department of agriculture. The director shall have the authority to exercise any other authorities delegated by the director of the department of environmental quality regarding the protection of ground water, surface water and other natural resources associated with dairy farms, and this shall be the authority for the director of the department of environmental quality to so delegate.

(5) The director of the department of environmental quality shall consult with the director of the department of agriculture before certifying discharges from dairy farms as provided under 33 U.S.C. section 1341.

History:

[37-603, added 2014, ch. 284, sec. 1, p. 720; am. 2016, ch. 129, sec. 8, p. 380.]
Idaho Code § 37-2732A — Idaho Code / Title 37 / Chapter 27 / Section 37-2732A
37-2732A SACRAMENTAL USE OF PEYOTE PERMITTED.
Status: in_force

ARTICLE IV

37-2732A. Sacramental use of peyote permitted. The criminal sanctions provided in this chapter do not apply to that plant of the genus Lophophora Williamii commonly known as peyote when such controlled substance is transported, delivered or possessed to be used as the sacrament in religious rites of a bona fide native American religious ceremony conducted by a bona fide religious organization; provided, that this exemption shall apply only to persons of native American descent who are members or eligible for membership in a federally recognized Indian tribe. Use of peyote as a sacrament in religious rites shall be restricted to Indian reservations as defined in subsection (2) of section 63-3622Z, Idaho Code. A person transporting, possessing or distributing peyote in this state for religious rites shall have on their person a tribal enrollment card, a card identifying the person as a native American church member and a permit issued by a bona fide religious organization authorizing the transportation, possession and distribution of peyote for religious rites.

History:

[37-2732A, added 1991, ch. 125, sec. 1, p. 279.]
Idaho Code § 37-121 — Idaho Code / Title 37 / Chapter 1 / Section 37-121
37-121 PROMULGATION OF REASONABLE STANDARDS BY BOARD.
Status: in_force

37-121. Promulgation of reasonable standards by board. Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, and/or reasonable standard of quality and/or fill of container. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the federal act.

History:

[37-121, added 1959, ch. 153, sec. 9, p. 351.]
Idaho Code § 37-1530 — Idaho Code / Title 37 / Chapter 15 / Section 37-1530
37-1530 CONTRACTS WITH FEDERAL GOVERNMENT.
Status: in_force

37-1530. Contracts with federal government. The director of the department of agriculture may with the approval of the governor contract with any agency or subdivision of the federal government in relation to egg or egg product inspection, and may also receive on behalf of state egg or egg product inspection or for federal egg or egg product inspection, funds from any division or agency of the federal government.

History:

[I.C.A., sec. 37-1530, as added by 1969, ch. 39, sec. 3, p. 97; am. 1974, ch. 18, sec. 182, p. 364.]
Idaho Code § 37-1501 — Idaho Code / Title 37 / Chapter 15 / Section 37-1501
37-1501 TERMS DEFINED.
Status: in_force

37-1501. Terms defined. The word "eggs" whenever used in this act shall mean and include foreign eggs in the shell, and the words "foreign eggs" shall mean and include eggs produced in any foreign country, and egg products manufactured from eggs produced in any foreign country.

The word "egg products" whenever used in this act shall mean and include egg powder, powdered eggs, dried eggs, liquid frozen eggs, and any other product, by whatsoever trade name designated, manufactured from foreign eggs or any part thereof.

History:

[37-1501, added 1939, ch. 218, sec. 1, p. 460.]
Idaho Code § 37-2504 — Idaho Code / Title 37 / Chapter 25 / Section 37-2504
37-2504 OIL TO BE LABELED.
Status: in_force

37-2504. Oil to be labeled. Gasoline, benzine, naphtha, lubricating oil and grease, road oil, bituminous road materials, diesel fuel and fuel oil must be sold under their true name and grades, respectively, and such names and grades must be impressed or otherwise plainly marked upon the barrel, can, vessel, or other container in which the same is stored, sold, offered or exposed for sale, respectively, or upon a label conspicuously and securely fastened thereto, giving the true name and grade of the product, name and address of manufacturer or dealer, who sells the same.

History:

[(37-2504) 1917, ch. 124, sec. 3, p. 411; reen. C.L. 65:119; C.S., sec. 1786; I.C.A., sec. 36-1604; am. 1967, ch. 150, sec. 2, p. 338.]
Idaho Code § 37-126 — Idaho Code / Title 37 / Chapter 1 / Section 37-126
37-126 DRUGS OR DEVICES DEEMED ADULTERATED.
Status: in_force

37-126. Drugs or devices deemed adulterated. A drug or device shall be deemed to be adulterated:

(a) (1) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or (2) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or (3) if it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it is a drug and it bears or contains, for purposes of coloring only, a coal-tar color other than one from a batch certified under the authority of the federal act.

(b) If it purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. Such determination as to strength, quality or purity shall be made in accordance with the tests or methods of assay set forth in such compendium or in the absence of or inadequacy of such tests or methods of assay, these prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States it shall be subject to the requirements of the United States Pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia. Nothing in this subsection shall be deemed to prohibit a change in the strength, quality or purity of a drug, if the change is made by or pursuant to the orders of a practitioner prescribing the drug for the purpose of administering the drug to a patient.

(c) If it is not subject to the provisions of subsection (b) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess. Nothing in this subsection shall be deemed to prohibit a change in the strength, quality or purity of a drug, if the change is made by or pursuant to the orders of the practitioner prescribing the drug for the purpose of administering the drug to a patient.

(d) If it is a drug and any substance has been: (1) mixed or packed therewith so as to reduce its quality or strength; or (2) substituted wholly or in part therefor. Nothing in this subsection shall be deemed to prohibit a change in the strength, quality or purity of a drug, if the change is made by or pursuant to the orders of the practitioner prescribing the drug for the purpose of administering the drug to a patient.

History:

[37-126, added 1959, ch. 153, sec. 14, p. 351; am. 2002, ch. 231, sec. 2, p. 662.]
Idaho Code § 37-1519 — Idaho Code / Title 37 / Chapter 15 / Section 37-1519
37-1519 PURPOSE.
Status: in_force

37-1519. Purpose. The legislature of the state of Idaho recognizes that the candling, storing, grading, packing, selling, peddling, distributing, labeling, dealing in and trading in eggs in the state of Idaho is in the public interest and hereby declares that the provisions of this act are vital to the economy of the state of Idaho and the well being of its citizens.

The purpose of this act is to establish standards of grades for eggs and authorize standards of sanitation, cleanliness and temperature for the handling and storage of eggs for sale in the state of Idaho, and to require compliance with the labeling regulations and the designation of the grade of eggs sold in the state of Idaho.

History:

[37-1519, added 1963, ch. 143, sec. 1, p. 406.]
Idaho Code § 37-1203 — Idaho Code / Title 37 / Chapter 12 / Section 37-1203
37-1203 VIOLATIONS UNLAWFUL.
Status: in_force

37-1203. Violations unlawful. It shall be unlawful for any person, partnership, firm or corporation to manufacture, dispense, sell or offer to sell any frozen dessert or frozen novelty which does not conform to the standards set forth in this act, and it shall be unlawful to manufacture, sell, offer for sale or dispense such frozen desserts or frozen novelties without having and displaying the appropriate labels and signs required by section 37-1202, Idaho Code. It shall be unlawful to manufacture, sell, offer to sell or dispense any frozen dessert or frozen novelty, whether herein defined or not, unless the same shall conform to one (1) of the definitions or standards herein described.

History:

[37-1203, added 1949, ch. 44, sec. 3, p. 77; am. 1992, ch. 93, sec. 31, p. 308.]
Idaho Code § 37-204 — Idaho Code / Title 37 / Chapter 2 / Section 37-204
37-204 PREEMPTION AND APPLICABILITY.
Status: in_force

37-204. preemption and applicability. (1) The legislature finds that uniform laws regarding the production, sale, and acquisition of products available pursuant to this chapter within Idaho are necessary to protect and promote the agricultural economy that is vital to Idaho and its citizens. It is the legislature's intent to wholly occupy the field of products made directly available to consumers pursuant to this chapter within this state.

(2) Except as expressly authorized by state statute, agencies and political subdivisions of this state shall not adopt, continue in effect, or enforce any ordinance, rule, regulation, resolution, or policy pertaining to the licensing, permitting, inspection, packaging, or labeling of products made available pursuant to this chapter that is more stringent than the corresponding state or federal requirement. Any law, rule, regulation, ordinance, or policy that is in violation of this chapter is hereby declared to be unenforceable.

(3) Nothing in this chapter shall:

(a) Exempt any food product from law, regulations, or inspections for weights and measures, representation, marketing or branding, the lawful use of pesticides or fertilizers, and the lawful use of pest, weed, or disease prevention methods;

(b) Allow the sale of milk and dairy products or products derived therefrom, unless the producer or designated agent is in full compliance with the applicable provisions of chapters 3, 4, 5, and 12, title 37, Idaho Code;

(c) Allow the sale of raw milk and raw milk products or products derived therefrom, unless the producer or designated agent is in full compliance with applicable provisions of chapter 11, title 37, Idaho Code;

(d) Allow the use of a product made available pursuant to this chapter as an ingredient in a food establishment, as that term is defined in section 39-1602, Idaho Code, including in public school kitchen facilities;

(e) Impede the department of health and welfare in any investigation of confirmed foodborne illness; or

(f) Be construed to limit liability in cases of gross negligence or misrepresentation by a producer or designated agent.

History:

[37-204, added 2026, ch. 91, sec. 1, p. 504.]
Idaho Code § 37-201 — Idaho Code / Title 37 / Chapter 2 / Section 37-201
37-201 SHORT TITLE.
Status: in_force

37-201. short title. This chapter shall be known and may be cited as the "Idaho Direct-to-Consumer Commerce Act."

History:

[37-201, added 2026, ch. 91, sec. 1, p. 502.]
Idaho Code § 37-304 — Idaho Code / Title 37 / Chapter 3 / Section 37-304
37-304 PERMIT ISSUANCE AND REVOCATION.
Status: in_force

37-304. permit issuance and revocation. (1) The director or the director's authorized agent shall issue a permit authorizing the sale of milk for human consumption to all dairy farms that meet the standards and requirements of this chapter, and rules promulgated pursuant to this chapter.

(2) The director or his agent may issue a permit to sell milk for human consumption to a new or expanding dairy farm only upon presentation to the director by the new or expanding dairy farm of the following:

(a) A certified letter, supplied by the board of county commissioners, certifying the new or expanding dairy farm's compliance with applicable county livestock ordinances; and

(b) Evidence that a valid water right exists to supply adequate water for the new or expanding dairy farm; or

(c) A copy of an application for a permit to appropriate water that has been filed with the Idaho department of water resources and which, if approved, will supply adequate water for the dairy farm; or

(d) A copy of an application to change the point of diversion, place, period and nature of use of an existing water right that has been filed with the Idaho department of water resources and which, if approved, will supply adequate water for the dairy farm.

(3) As used in this section:

(a) "Animal units" shall be as defined in rule by the director.

(b) "Expanding dairy farm" means an existing, legally permitted dairy farm that increases, or applies to increase, its existing animal units beyond the number for which it is permitted under applicable county livestock ordinances or increases, or applies to increase, the waste containment system.

(c) "New dairy farm" means a dairy farm constructed after the effective date of this act.

(4) Whenever, under any law of this state or rule, the director of the department of agriculture or his agent is required to inspect dairy farms for compliance with rules prescribed by the department, or determine the sanitary condition of anything referred to in section 37-303, Idaho Code, or the purity of milk, cream, butter or other dairy products intended for human consumption, the director shall make or cause to be made an examination and inspection and shall report his findings and conclusions. When the issuance or the revoking of any license or permit by the department of agriculture is required to be made after an inspection involving milk quality, sanitary conditions and purity for human consumption of any milk, cream, butter or other dairy products, the issuance or revocation of license or permit shall be based upon the report or reports so made by the director.

History:

[37-304, added 2014, ch. 275, sec. 4, p. 687.]
Idaho Code § 37-406 — Idaho Code / Title 37 / Chapter 4 / Section 37-406
37-406 DEPARTMENT TO COOPERATE WITH OTHER AGENCIES.
Status: in_force

37-406. Department to cooperate with other agencies. The department of agriculture is hereby authorized to advise and assist and to cooperate with the federal government or any of its agencies, other departments, agencies and institutions of this state, counties, school districts, and municipalities, and other public and private welfare agencies, in the exercise of any of the powers and duties of the department.

History:

[37-406, added 1943, ch. 85, sec. 6, p. 171.]
Idaho Code § 37-128 — Idaho Code / Title 37 / Chapter 1 / Section 37-128
37-128 SALE OF NEW DRUGS — REGULATIONS AND PROCEDURES.
Status: in_force

37-128. Sale of new drugs — Regulations and procedures. (a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless (1) an application with respect thereto has become effective under section 505 of the federal act, or (2) when not subject to the federal act unless such drug has been tested and has not been found to be unsafe for use under the conditions prescribed, recommended, or suggested in the labeling thereof, and prior to selling or offering for sale such drug, there has been filed with the director an application setting forth (a) full reports of investigations which have been made to show whether or not such drug is safe for use; (b) a full list of the articles used as components of such drug; (c) a full statement of the composition of such drug; (d) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug; (e) such samples of such drugs and of the articles used as components thereof as the board may require; and (f) specimens of the labeling proposed to be used for such drug.

(b) An application provided for in subsection (a)(2) shall become effective on the sixtieth (60th) day after the filing thereof, except that if the director finds after due notice to the applicant and giving him an opportunity for a hearing, that the drug is not safe for use under the conditions prescribed, recommended, or suggested in the proposed labeling thereof, he shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective.

(c) This section shall not apply–(1) to a drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety in drugs provided the drug is plainly labeled "For investigational use only"; or (2) to a drug sold in this state at any time prior to the enactment of this act or introduced into interstate commerce at any time prior to the enactment of the federal act; or (3) to any drug which is licensed under the Virus, Serum, and Toxin Act of July 1, 1902 (U.S.C. 1934 ed. title 42, Chap. 4).

(d) An order refusing to permit an application under this section to become effective may be revoked by the director.

History:

[37-128, added 1959, ch. 153, sec. 16, p. 351; am. 1974, ch. 23, sec. 21, p. 633.]
Idaho Code § 37-125 — Idaho Code / Title 37 / Chapter 1 / Section 37-125
37-125 POISONOUS OR DELETERIOUS SUBSTANCE — REGULATIONS AS TO USE.
Status: in_force

37-125. Poisonous or deleterious substance — Regulations as to use. Any poisonous or deleterious substance added to any food except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of clause (2) of section 37-122(a); but when such substance is so required or cannot be so avoided, the board shall promulgate regulations limiting the quantity therein or thereon to such extent as the board finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of clause (2) of section 37-122(a). While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of clause (1) section 37-122(a). In determining the quantity of such added substance to be tolerated in or on different articles of food, the board shall take into account the extent to which the use of such substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.

History:

[37-125, added 1959, ch. 153, sec. 13, p. 351.]
Idaho Code § 37-2710 — Idaho Code / Title 37 / Chapter 27 / Section 37-2710
37-2710 SCHEDULE IV TESTS.
Status: in_force

ARTICLE II

37-2710. Schedule IV tests. The board shall place a substance in schedule IV if it finds that:

(a) The substance has a low potential for abuse relative to substances in schedule III;

(b) The substance has currently accepted medical use in treatment in the United States; and

(c) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule III.

History:

[I.C., sec. 37-2710, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-203 — Idaho Code / Title 37 / Chapter 2 / Section 37-203
37-203 DEFINITIONS.
Status: in_force

37-203. definitions. As used in this chapter:

(1) "Animal share" means an ownership interest in an animal or herd of animals that is created by a written contract or bill of sale between an informed end consumer and a producer under which the consumer is entitled to receive a share of meat from the animal or herd that may vary in weight, meat product, or size.

(2) "Department" means the Idaho department of health and welfare.

(3) "Designated agent" means a person, cooperative market, consignment model market, or other entity designated by a producer to facilitate producer-to-consumer transactions, including marketing, transport, storage, selling, and delivery of food or nonalcoholic drink products. A designated agent shall be named in writing by the producer and shall not take ownership of any food or drink product.

(4) "Farm stand" means a temporary or permanent structure operated by a producer or designated agent for the sale of homemade shelf-stable food, perishable food, or nonalcoholic drinks.

(5) "Homemade" means foods or nonalcoholic drinks that are grown, prepared, or processed at a private or leased farm, home kitchen, or other non-licensed facility. Homemade does not include food that is prepared, cooked, or served on-site for immediate consumption, including restaurant-style food service, mobile food units, concession trailers, or other facilities preparing ready-to-eat meals.

(6) "Informed end consumer" means a person who knowingly purchases products available pursuant to the provisions of this chapter, who is the final purchaser of such product, who does not resell or redistribute the product, and for whom resale or redistribution is unlawful.

(7) "Perishable food" means homemade food and drinks that require time or temperature control at a temperature of forty-one (41) degrees Fahrenheit or below for cold foods or one hundred thirty-five (135) degrees Fahrenheit or above for hot foods. Perishable food includes but is not limited to:

(a) Nonalcoholic drinks, including coffee, lemonade, tea, and soda;

(b) Chocolate, candies, and confectioneries;

(c) Condiments and sauces;

(d) Fruits and vegetables that remain uncut post-harvest;

(e) Milk and dairy products;

(f) Eggs and egg products;

(g) Nut, seed, and fruit butters;

(h) Fresh and dehydrated pastas;

(i) Raw doughs;

(j) Regular and sugar-free butters, jams, jellies, marmalades, preserves, and syrups;

(k) Baked goods that include frosting or filling made from animal products or other perishable ingredients;

(l) Meat products produced pursuant to this chapter;

(m) Cooked vegetables; and

(n) Pickled products.

(8) "Process" means operations a producer performs in the making or treatment of the producer's food or nonalcoholic drink product.

(9) "Producer" means any person who grows, harvests, prepares, or processes any food or nonalcoholic drink product pursuant to the provisions of this chapter.

(10) "Shelf-stable food" means homemade food or drinks that do not require time or temperature control. Shelf-stable food includes but is not limited to:

(a) Hermetically sealed butters, jams, jellies, marmalades, preserves, and syrups;

(b) Fermented food products;

(c) Tallow;

(d) Lard;

(e) Fruit leathers, pies, and turnovers;

(f) Chocolates, candies, and confectioneries that do not need to be refrigerated;

(g) Nonalcoholic drinks that do not need to be refrigerated;

(h) Milk and dairy products that do not need to be refrigerated;

(i) Nut mixes;

(j) Granola;

(k) Dry soup mixes, excluding meat-based soup mixes;

(l) Roasted coffee beans;

(m) Popcorn;

(n) Honey;

(o) Dried, dehydrated, and freeze-dried foods, including jerky products; and

(p) Baked goods that do not include frosting or filling made from animal products or other perishable ingredients.

History:

[37-203, added 2026, ch. 91, sec. 1, p. 502.]
Idaho Code § 37-312 — Idaho Code / Title 37 / Chapter 3 / Section 37-312
37-312 BUTTER AND WHEY BUTTER — DEFINITIONS AND QUALITIES.
Status: in_force

37-312. Butter and whey butter — Definitions and qualities. Butter is the product made by gathering the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of other milk constituents, with or without salt or a harmless coloring matter. Butter shall be clean and non-rancid and shall contain not less than eighty percent (80%) of butterfat. Whey butter or whey cream butter is the food product made by gathering the fat of fresh or ripened whey cream separated from cheese whey and formed into a mass, which also contains a small portion of other milk constituents, with or without salt or a harmless coloring matter. Whey butter shall be clean and non-rancid and shall contain not less than eighty percent (80%) butterfat. The term butter includes whey butter and whey cream butter.

History:

[(37-312) 37-332, added 1905, p. 54, sec. 19; reen. R.C., sec. 1131; reen. C.L. 65:68; C.S., sec. 1735; S.L. 1929, ch. 65, sec. 1, p. 95; I.C.A., sec. 36-432; am. 1937, ch. 107, sec. 2, p. 160; am. 1988, ch. 161, sec. 1, p. 291; am. and redesig. 2014, ch. 275, sec. 24, p. 691.]
Idaho Code § 37-123 — Idaho Code / Title 37 / Chapter 1 / Section 37-123
37-123 FOOD DEEMED MISBRANDED.
Status: in_force

37-123. Food deemed misbranded. A food shall be deemed to be misbranded–

(a) If its labeling is false or misleading in any particular.

(b) If it is offered for sale under the name of another food.

(c) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word, imitation, and, immediately thereafter, the name of the food imitated.

(d) If its container is so made, formed, or filled as to be misleading.

(e) If in package form, unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the board.

(f) If any word, statement, or other information required by or under authority of this act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(g) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by section 37-121, unless (1) it conforms to such definition and standard, and (2) its label bears the name of the food specified in the definition and standard, and, in so far as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food.

(h) If it purports to be or is represented as–(1) A food for which a standard of quality has been prescribed by regulations as provided by section 37-121 and its quality falls below such standard unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; or (2) A food for which a standard or standards of fill of container have been prescribed by regulation as provided by section 37-121, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.

(i) If it is not subject to the provisions of paragraph (g) of this section, unless it bears labeling clearly giving (1) the common or usual name of the food, if any there be, and (2) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each; Provided, that, to the extent that compliance with the requirements of clause (2) of this paragraph is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the board.

(j) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the board determines to be, and by regulations prescribed, as, necessary in order to fully inform purchasers as to its value for such uses.

(k) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; Provided, that to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the board.

History:

[37-123, added 1959, ch. 153, sec. 11, p. 351.]
Idaho Code § 37-2815 — Idaho Code / Title 37 / Chapter 28 / Section 37-2815
37-2815 CONSTRUCTION.
Status: in_force

37-2815. Construction. The provisions of this section shall be liberally construed to effectuate its remedial purposes.

History:

[37-2815, added 1996, ch. 230, sec. 1, p. 757.]
Idaho Code § 37-1525 — Idaho Code / Title 37 / Chapter 15 / Section 37-1525
37-1525 RECORDS — ENFORCEMENT.
Status: in_force

37-1525. Records — Enforcement. The director is hereby directed and empowered:

(a) To administer and enforce the provisions of this act.

(b) To require records to be kept. Every distributor and dealer purchasing or selling eggs in the state of Idaho shall keep a record of each purchase and a record of each sale other than to a consumer. Such record may be an invoice or sales slip and shall show the date of such transaction and the name and address of the person with whom such transaction was made. Such records shall be held for a period of at least two (2) years and shall be open for examination by a representative of the director at any reasonable time.

(c) To require each person who sells to any retailer, or to any restaurant, hotel, boarding house, baker, or other institution or concern which purchases eggs for serving to guests or patrons thereof or for its use in preparation of any food products for human consumption, candled or graded eggs other than those of his own production sold and delivered on the premises where produced, to furnish that retailer or other purchaser with an invoice covering each such sale, showing the exact grade or quality and the size or weight of the eggs sold, according to the standards prescribed, together with the name and address of the person by whom the eggs were sold.

(d) Through authorized representatives to enter and inspect any place or conveyance of a distributor or dealer within the state of Idaho where eggs are candled, stored, packed, delivered for shipment, loaded, shipped, transported or sold, and may inspect all invoices, eggs and the cases and containers thereof and equipment found in such places or conveyances, and may take copies of invoices and representative samples of eggs and the cases and containers thereof found in such places or conveyances for inspection and for the purpose of determining whether or not any provisions of this act have been violated.

(e) Through authorized representatives to seize and hold as evidence an advertisement, sign, placard, invoice, case or container of eggs, or such part of any pack, load, lot, consignment or shipment of eggs packed, stored, delivered for shipment, loaded, shipped, transported or sold in violation of any provision of this act, reasonably necessary to establish the fact of such violation.

History:

[37-1525, added 1963, ch. 143, sec. 7, p. 406; am. 1974, ch. 18, sec. 178, p. 364; am. 1982, ch. 26, sec. 5, p. 54.]
Idaho Code § 37-2805 — Idaho Code / Title 37 / Chapter 28 / Section 37-2805
37-2805 PRESERVATION OF PROPERTY — WARRANT OF SEIZURE — PROTECTIVE ORDERS.
Status: in_force

37-2805. Preservation of property — Warrant of seizure — Protective orders. (1) Upon application of the state of Idaho, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in section 37-2801, Idaho Code, for forfeiture under this chapter upon the filing of an indictment or information charging a violation of the uniform controlled substance act for which criminal forfeiture may be ordered and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this chapter.

(2) The state may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this chapter in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (1) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property by the appropriate law enforcement agency upon such terms and conditions as the court shall deem proper.

(3) The court may, upon application of the state of Idaho, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the state of Idaho in the property subject to forfeiture. Any income accruing to or derived from property subject to forfeiture under this chapter may be used to offset ordinary and necessary expenses to the property which are required by law, or which are necessary to protect the interests of the state of Idaho or third parties.

History:

[37-2805, added 1996, ch. 230, sec. 1, p. 751.]
Idaho Code § 37-119 — Idaho Code / Title 37 / Chapter 1 / Section 37-119
37-119 PROSECUTIONS OF VIOLATIONS — RIGHT OF PARTY TO NOTICE AND PRESENTATION OF VIEWS PRIOR TO PROSECUTION.
Status: in_force

37-119. Prosecutions of violations — Right of party to notice and presentation of views prior to prosecution. It shall be the duty of each county prosecuting attorney to whom the director or his agent reports any punishable violation of this act (including, but not limited to, rules and regulations) to cause appropriate proceedings to be instituted in the proper court without delay and to be prosecuted in the manner required by law. Before any violation of this act is reported to the county prosecuting attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the director or his designated agent, either orally or in writing, in person, or by attorney, with regard to such contemplated proceeding.

History:

[37-119, added 1959, ch. 153, sec. 7, p. 351; am. 1974, ch. 23, sec. 18, p. 633.]
Idaho Code § 37-2734B — Idaho Code / Title 37 / Chapter 27 / Section 37-2734B
37-2734B PROHIBITED ACTS E — PENALTIES.
Status: in_force

ARTICLE IV

37-2734B. Prohibited acts E — Penalties. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who is in violation of this section is guilty of a felony and upon conviction may be imprisoned for not more than nine (9) years, fined not more than thirty thousand dollars ($30,000), or both.

History:

[37-2734B, added 1980, ch. 388, sec. 3, p. 983.]
Idaho Code § 37-516 — Idaho Code / Title 37 / Chapter 5 / Section 37-516
37-516 RULES FOR ADMINISTRATION — “DEPARTMENT” AND “DIRECTOR” DEFINED.
Status: in_force

37-516. Rules for administration — "Department" and "director" defined. (1) As used in this chapter:

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

(b) "Director" means the director of the department or the director's authorized designee.

(2) The director is empowered to prescribe rules and regulations, subject to legislative approval, in the administration of this chapter not inconsistent with its provisions.

History:

[(37-516) 1925, ch. 224, sec. 11, p. 435; I.C.A., sec. 36-715; am. 1974, ch. 18, sec. 259, p. 364; am. 2026, ch. 74, sec. 2, p. 317.]
Idaho Code § 37-1503 — Idaho Code / Title 37 / Chapter 15 / Section 37-1503
37-1503 EGGS IN THE SHELL.
Status: in_force

37-1503. Eggs in the shell. It shall be unlawful for any person to sell, offer or expose for sale in this state any foreign eggs in the shell, without having stamped on each such egg, in legible type and in durable indelible ink, the words "Foreign Produced Eggs From …." and the name of the country in which such egg is produced.

History:

[37-1503, added 1939, ch. 218, sec. 3, p. 460.]
Idaho Code § 37-605 — Idaho Code / Title 37 / Chapter 6 / Section 37-605
37-605 DAIRY STORAGE AND CONTAINMENT FACILITY DESIGN AND CONSTRUCTION.
Status: in_force

37-605. dairy storage and containment facility design and construction. (1) All dairy storage and containment facilities shall be designed and constructed in accordance with engineering standards and specifications published by the United States department of agriculture natural resources conservation service or by the American society of agricultural and biological engineers, or other equally protective criteria approved by the director. Design, construction, operation and maintenance of storage and containment facilities in accordance with such criteria shall be considered a best management practice that is intended to prevent unauthorized discharges, unauthorized releases, violations of state water quality standards, contamination of ground water and surface water and endangerment to human health and the environment.

(2) Each dairy farm shall have storage and containment facilities criteria that are approved by the department and included in the dairy's environmental management plan. Dairy storage and containment facilities criteria shall be implemented by the dairy farm and enforced by the department to ensure that there is no unauthorized discharge or unauthorized release from the dairy farm. The department's review and approval of plans under this section shall supersede the department of environmental quality's implementation of plan and specification review and approval pursuant to section 39-118, Idaho Code.

History:

[37-605, added 2016, ch. 129, sec. 11, p. 383.]
Idaho Code § 37-2713A — Idaho Code / Title 37 / Chapter 27 / Section 37-2713A
37-2713A SCHEDULE VI.
Status: in_force

ARTICLE II

37-2713A. Schedule VI. (a) Schedule VI shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.

(b) Volatile nitrites. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following drugs or their related compounds, congeners or isomers as follows:

(1) Amyl nitrite;

(2) Butyl nitrite;

(3) Isobutyl nitrite;

(4) Isoamyl nitrite;

(5) Isopentyl nitrite.

Except that any combination or compound containing amyl nitrite which is prepared pursuant to a prescription issued by a licensed practitioner is not a controlled substance for the purpose of this section.

History:

[37-2713A, added 1989, ch. 268, sec. 1, p. 654.]
Idaho Code § 37-408 — Idaho Code / Title 37 / Chapter 4 / Section 37-408
37-408 PENALTY FOR VIOLATIONS.
Status: in_force

37-408. Penalty for violations. Anyone failing to comply with any of the provisions of this chapter or any standards, rules or orders promulgated hereunder shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding two hundred dollars ($200) or imprisonment in the county jail not to exceed three (3) months, or by both a fine and imprisonment. The director of the department of agriculture may bring civil actions to enjoin violation of this chapter or the standards, rules or orders promulgated thereunder.

History:

[37-408, added 1943, ch. 85, sec. 8, p. 171; am. 1970, ch. 98, sec. 3, p. 245; am. 1974, ch. 18, sec. 252, p. 364; am. 1996, ch. 81, sec. 4, p. 265.]
Idaho Code § 37-113 — Idaho Code / Title 37 / Chapter 1 / Section 37-113
37-113 SHORT TITLE.
Status: in_force

37-113. Short title. This act may be cited as the Idaho Food, Drug and Cosmetic Act.

History:

[37-113, added 1959, ch. 153, sec. 1, p. 351.]
Idaho Code § 37-2739C — Idaho Code / Title 37 / Chapter 27 / Section 37-2739C
37-2739C MEDICAL ASSISTANCE — DRUG-RELATED OVERDOSE — PROSECUTION FOR POSSESSION.
Status: in_force

ARTICLE IV

37-2739C. Medical assistance — Drug-related overdose — Prosecution for possession. (1) A person acting in good faith who seeks medical assistance for any person experiencing a drug-related medical emergency shall not be charged or prosecuted for possession of a controlled substance pursuant to section 37-2732(c) or (e), Idaho Code, for using or being under the influence of a controlled substance pursuant to section 37-2732C(a), Idaho Code, or for using or possessing with intent to use drug paraphernalia pursuant to section 37-2734A(1), Idaho Code, if the evidence for the charge of possession of or using or being under the influence of a controlled substance or using or possessing drug paraphernalia was obtained as a result of the person seeking medical assistance.

(2) A person who experiences a drug-related medical emergency and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to section 37-2732(c) or (e), Idaho Code, for using or being under the influence of a controlled substance pursuant to section 37-2732C(a), Idaho Code, or for using or possessing with intent to use drug paraphernalia pursuant to section 37-2734A(1), Idaho Code, if the evidence for the charge of possession of or using or being under the influence of a controlled substance or using or possessing drug paraphernalia was obtained as a result of the medical emergency and the need for medical assistance.

(3) The protections in this section from prosecution shall not be grounds for suppression of evidence in other criminal charges.

History:

[37-2739C, added 2018, ch. 265, sec. 1, p. 637.]
Idaho Code § 37-116 — Idaho Code / Title 37 / Chapter 1 / Section 37-116
37-116 INJUNCTIONS AUTHORIZED.
Status: in_force

37-116. Injunctions authorized. In addition to the remedies hereinafter provided the director is hereby authorized to apply to the district court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of section 37-115, Idaho Code, irrespective of whether or not there exists an adequate remedy at law.

History:

[37-116, added 1959, ch. 153, sec. 4, p. 351; am. 1974, ch. 23, sec. 15, p. 633.]
Idaho Code § 37-202 — Idaho Code / Title 37 / Chapter 2 / Section 37-202
37-202 PURPOSE.
Status: in_force

37-202. purpose. The purpose of this chapter is to facilitate the production and direct sale of homemade food and nonalcoholic drink products from producers to informed end consumers with minimal regulatory burden and to encourage the expansion of agricultural sales at farm stands, ranches, farms, and producer's homes by providing unimpeded access to food from Idaho producers.

History:

[37-202, added 2026, ch. 91, sec. 1, p. 502.]
Idaho Code § 37-135 — Idaho Code / Title 37 / Chapter 1 / Section 37-135
37-135 IVERMECTIN WITHOUT PRESCRIPTION OR CONSULTATION WITH HEALTH CARE PROFESSIONAL.
Status: in_force

37-135. ivermectin without prescription or consultation with health care professional. (1) As used in this section, "over-the-counter medication" means medication that may be legally sold and purchased without a prescription.

(2) Notwithstanding any law to the contrary, ivermectin suitable for human use may be sold or purchased as an over-the-counter medication in this state without a prescription or consultation with a health care professional.

History:

[37-135, added 2025, ch. 334, sec. 1, p. 1369.]
Idaho Code § 37-1505 — Idaho Code / Title 37 / Chapter 15 / Section 37-1505
37-1505 SERVING IN RESTAURANTS, HOTELS AND OTHER ESTABLISHMENTS.
Status: in_force

37-1505. Serving in restaurants, hotels and other establishments. It shall be unlawful for any person owning or operating any restaurant, hotel, cafe, coffee shop, or other place where food is served, or any bakery or confectionery shop where food products are sold, to serve or sell any foreign eggs or egg products manufactured from foreign eggs without posting and maintaining in a conspicuous place where the customers entering any such place of business can see it, a placard or sign bearing the words "We Use Foreign Produced Eggs" printed or painted in legible letters not less than two inches (2") high.

History:

[37-1505, added 1939, ch. 218, sec. 5, p. 460.]
Idaho Code § 37-1601 — Idaho Code / Title 37 / Chapter 16 / Section 37-1601
37-1601 DEFINITIONS.
Status: in_force

37-1601. definitions. As used in this chapter, "cell-cultivated animal protein" means any animal cell-based food product produced or derived from culturing animal cells outside of the animal's body, which may be referred to as "lab-grown meat," "cultivated meat," "cell-cultured meat," or "fake meat."

History:

[37-1601, added 2026, ch. 247, sec. 1, p. 1047.]
Idaho Code § 37-1523A — Idaho Code / Title 37 / Chapter 15 / Section 37-1523A
37-1523A ASSESSMENTS — EXEMPTIONS TO ASSESSMENTS — PREPAYMENT — AUDIT.
Status: in_force

37-1523A. Assessments — Exemptions to assessments — Prepayment — Audit. (1) There is hereby levied an assessment not to exceed four (4) mills per dozen eggs (4/10 of a cent per dozen eggs) entering intrastate commerce as prescribed by rules and regulations issued by the director. Such assessment shall be applicable to all eggs entering intrastate commerce in retail cartons. Such assessment shall be paid to the department of agriculture on a monthly basis on or before the 25th day following the month such eggs enter intrastate commerce. The director may require reports by egg handlers, dealers, or distributors along with the payment of the assessment fee. Such reports may include any and all pertinent information necessary to carry out the purpose of this act. The director may, by regulations, require egg container manufacturers to report on a monthly basis on agriculture containers sold to any egg handler, dealer, or distributor.

(2) The assessment provided in this section shall not apply to:

(a) Sale and shipment to points outside of this state;

(b) Sale to the United States government and its instrumentalities;

(c) Sale to breaking plants for processing into egg products;

(d) Sale to consumers at the place of production or processing;

(e) Sale between egg distributors;

(f) Idaho shell egg producers having three hundred (300) or less hens may sell ungraded shell eggs produced on their premises to retailers, provided that each carton or other container of ungraded shell eggs sold shall be clearly marked "ungraded" and shall bear the name and address of the Idaho producer; and

(g) Those operating pursuant to chapter 2, title 37, Idaho Code.

(3) Any egg handler, dealer, or distributor may prepay the assessment provided in subsection (1) of this section by purchasing Idaho state egg seals from the director to be placed on egg containers showing that the proper assessment has been paid. Any carton manufacturer may apply to the director for a permit to place reasonable facsimiles of the Idaho state egg seals to be imprinted on egg containers. The director shall from time to time prescribe rules and regulations governing the affixing of seals and he is authorized to cancel any such permit issued pursuant to this chapter whenever he finds that a violation of the terms of which the permit has been granted has been violated.

(4) Every egg handler, dealer, or distributor who pays assessments required pursuant to the provisions of this section on a monthly basis in lieu of seals shall be subject to audit by the director on an annual basis or more frequently if necessary. Failure to pay assessments when due or refusal to allow an audit may be cause for a suspension or revocation of an egg handler's, dealer's, or distributor's license. The conditions and assessments applicable to egg handlers, dealers, and distributors set forth in section 37-1523, Idaho Code, shall also be applicable to payments to the director for facsimiles of seals placed on egg containers.

History:

[I.C., sec. 37-1523A, as added by 1975, ch. 175, sec. 3, p. 477; am. 1982, ch. 26, sec. 4, p. 53; am. 1987, ch. 21, sec. 1, p. 27; am. 2026, ch. 91, sec. 8, p. 511.]
Idaho Code § 37-316 — Idaho Code / Title 37 / Chapter 3 / Section 37-316
37-316 FOOD PRODUCTS MADE TO RESEMBLE DAIRY PRODUCTS — DEFINITIONS.
Status: in_force

37-316. Food products made to resemble dairy products — Definitions. As used in sections 37-315 and 37-318, Idaho Code:

(1) "Dairy product" includes:

(a) Milk, skim milk, milk fat, cream, sour cream, lowfat milk and nonfat milk used in fluid, concentrated or dry form.

(b) Cheese. All varieties including asiago, blue, brick, caciocavallo, cheddar, colby, cook cheese, cottage, cream, washed curd, edam, gammelost, gorgonzola, gouda, granular and grated, gruyere, hard, limburger, monterey, monterey jack, mozzarella, scamorze, muenster, neufchatel, nuworld, parmesan, reggiano, pasteurized, blended and processed cheeses, pasteurized cheese spreads, provolone, pasta filata, romano, roquefort, samsoe, sapsago, semi-soft and skim milk, spiced, swiss and emmentaler as described in 21 CFR, part 133.

(c) Butter as defined in section 37-312, Idaho Code.

(d) Ice cream, frozen custard, ice milk, sherbet as defined in 21 CFR, part 135, frozen yogurt dessert mix, frozen yogurt dessert, frozen lowfat and nonfat yogurt dessert, dietetic or dietary frozen dessert, lowfat or nonfat frozen dairy dessert, and milk shake base as defined in state department of agriculture dairy rules or regulations.

(e) Any manufactured food which:

1. Uses milk or a milk ingredient as the principal or characterizing constituent of the food product;

2. Does not contain ingredients added for the purpose of replacing milk or milk ingredients;

3. Does not contain milk-derived ingredients at levels in excess of those permitted in similar standardized dairy products;

4. Does not contain any vegetable-derived ingredients unless the ingredients are used as carriers or function as stabilizers or emulsifiers; and

5. Has no standard of identity recognized by any federal or state of Idaho law, rule or regulation as a dairy product.

(2) "Milk ingredient" includes milk, skim milk, milk fat, cream, sour cream, lowfat milk and nonfat milk used in fluid, concentrated or dry form.

(3) "Milk derived ingredient" includes buttermilk, whey, modified whey products, casein, lactose, lactalbumins and lactoglobulins used in fluid, concentrated or dry forms.

(4) "Artificial dairy product" means any food manufactured or labeled so as to purport to resemble the identity, intended use, composition, physical and sensory properties of a dairy product as defined in subsection (1) of this section.

(5) For the purpose and within the meaning of this act, an "artificial dairy product" shall not include a "dairy product" as defined in this section or any other manufactured food which has a federal or state of Idaho standard of identity as a food product. Food products made to resemble those food products other than dairy products in this subsection, are exempt from the labeling requirements of this chapter.

History:

[(37-316) 37-334a, added 1985, ch. 61, sec. 1, p. 122; am. 1987, ch. 7, sec. 1, p. 8; am. 1992, ch. 93, sec. 10, p. 298; am. and redesig. 2014, ch. 275, sec. 35, p. 693.]
Idaho Code § 37-2731 — Idaho Code / Title 37 / Chapter 27 / Section 37-2731
37-2731 INFORMATION REQUIRED ON LABEL.
Status: in_force

ARTICLE III

37-2731. Information required on label. A practitioner with statutory authority to dispense a controlled substance shall affix to the package a label pursuant to Idaho law.

History:

[37-2731, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 5, p. 261; am. 2018, ch. 36, sec. 9, p. 75; am. 2026, ch. 90, sec. 13, p. 501.]
Idaho Code § 37-413 — Idaho Code / Title 37 / Chapter 4 / Section 37-413
37-413 STANDARDS FOR QUALITY CONTROL OF MILK SAMPLES.
Status: in_force

37-413. Standards for quality control of milk samples. The following standards are hereby adopted relating to quality control of milk samples taken from tanks:

A. As often as is deemed necessary the department of agriculture may take samples for analysis from each farm tank or each transportation tank.

B. All milk samples taken from farm tanks or transportation tanks shall be taken in a sanitary manner in accordance with standard methods. Samples for bacteriological analysis shall be properly iced and transported in accordance with standard methods (32-40 F).

C. The department of agriculture shall have access to all records maintained by the receiving plant relating to butterfat, temperature, and bacteriological sampling and any other samples of bulk farm tank milk.

D. Milk samples for analysis shall be available on the farm tank pick up truck at all times during the collection period and delivery to the plant, as required by the department of agriculture.

E. The sanitary requirements concerning milk and cream established by section 37-402, Idaho Code, are hereby adopted and shall be applicable hereto.

History:

[(37-413) I.C., sec. 37-412, as added by 1961, ch. 295, sec. 5, p. 522.]