Idaho Code § 37-2801 — Idaho Code / Title 37 / Chapter 28 / Section 37-2801
37-2801 PROPERTY SUBJECT TO CRIMINAL FORFEITURE.
Status: in_force

37-2801. Property subject to criminal forfeiture. Any person who is found guilty of, who enters a plea of guilty, or who is convicted of a violation of the uniform controlled substances act, chapter 27, title 37, Idaho Code, punishable by imprisonment for more than one (1) year, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:

(1) Any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

(2) Any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of such violation.

The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to chapter 27, title 37, Idaho Code, that the person forfeit to the state of Idaho all property described in this section. The provisions of this chapter shall not be construed or interpreted in any manner to prevent the state of Idaho, attorney general or the appropriate prosecuting attorney from requesting restitution pursuant to section 37-2732(k), Idaho Code; or, if appropriate, from pursuing civil forfeiture pursuant to section 37-2744 and/or section 37-2744A, Idaho Code. Nor shall an order of forfeiture pursuant to this chapter be used as an offset against, or in any manner be used to diminish the amount of, a restitution order under section 37-2732(k), Idaho Code. The issue of criminal forfeiture shall be for the court alone, without submission to a jury, as a part of the sentencing procedure within the criminal action.

History:

[37-2801, added 1996, ch. 230, sec. 1, p. 750.]
Idaho Code § 37-1102 — Idaho Code / Title 37 / Chapter 11 / Section 37-1102
37-1102 ENFORCEMENT — PENALTY.
Status: in_force

37-1102. enforcement — penalty. The director of the department of agriculture may bring civil actions to enjoin violations of this chapter or rules promulgated to implement the provisions of this chapter. Anyone committing a violation of the provisions of this chapter or rules promulgated to implement the provisions of this chapter shall be subject to a fine of up to two hundred dollars ($200).

History:

[37-1102, added 2023, ch. 113, sec. 2, p. 332.]
Idaho Code § 37-2707 — Idaho Code / Title 37 / Chapter 27 / Section 37-2707
37-2707 SCHEDULE II.
Status: in_force

ARTICLE II

37-2707. Schedule II. (a) Schedule II 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) Substances, vegetable origin or chemical synthesis. Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, naldemedine, nalmefene, naloxegol, 6β-naltexol, naloxone, naltrexone, samidorphan, and their respective salts, but including the following:

i. Raw opium;

ii. Opium extracts;

iii. Opium fluid extracts;

iv. Powdered opium;

v. Granulated opium;

vi. Tincture of opium;

vii. Codeine;

viii. Dihydroetorphine;

ix. Diprenorphine;

x. Ethylmorphine;

xi. Etorphine hydrochloride;

xii. Hydrocodone;

xiii. Hydromorphone;

xiv. Metopon;

xv. Morphine;

xvi. Noroxymorphone;

xvii. Oripavine;

xviii. Oxycodone;

xix. Oxymorphone;

xx. Thebaine.

(2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1) of this subsection, except that these substances shall not include the isoquinoline alkaloids of opium.

(3) Opium poppy and poppy straw.

(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but shall not include the following:

i. Decocainized coca leaves or extractions of coca leaves, which extractions do not contain cocaine; or ecgonine; or

ii. [123I]ioflupane.

(5) Benzoylecgonine.

(6) Cocaine, its salts, optical and geometric isomers, and salts of optical and geometric isomers.

(7) Concentrate of poppy straw (the crude extract of poppy straw in liquid, solid or powder form that contains the phenanthrine alkaloids of the opium poppy).

(c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation, unless specifically excepted or unless listed in another schedule:

(1) Alfentanil;

(2) Alphaprodine;

(3) Anileridine;

(4) Bezitramide;

(5) Bulk Dextropropoxyphene (nondosage forms);

(6) Carfentanil;

(7) Dihydrocodeine;

(8) Diphenoxylate;

(9) Fentanyl;

(10) Isomethadone;

(11) Levo-alphacetylmethadol ( levo-alpha-acetylmethadol, levomethadyl acetate, LAAM);

(12) Levomethorphan;

(13) Levorphanol;

(14) Metazocine;

(15) Methadone;

(16) Methadone — Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

(17) Moramide — Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl propane-carboxylic acid;

(18) Oliceridine;

(19) Pethidine (meperidine);

(20) Pethidine — Intermediate — A, 4-cyano-1-methyl-4-phenylpiperidine;

(21) Pethidine — Intermediate — B, ethyl-4-phenylpiperidine-4-carboxylate;

(22) Pethidine — Intermediate — C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(23) Phenazocine;

(24) Piminodine;

(25) Racemethorphan;

(26) Racemorphan;

(27) Remifentanil;

(28) Sufentanil;

(29) Tapentadol;

(30) Thiafentanil.

(d) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(2) Lisdexamfetamine, its salts, isomers, and salts of its isomers;

(3) Methamphetamine, its salts, isomers, and salts of its isomers;

(4) Phenmetrazine and its salts;

(5) Methylphenidate.

(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Amobarbital;

(2) Glutethimide;

(3) Pentobarbital;

(4) Phencyclidine;

(5) Secobarbital.

(f) Hallucinogenic substances.

(1) Nabilone.

(g) Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:

(1) Immediate precursor to amphetamine and methamphetamine:

i. Anthranilic acid;

ii. Ephedrine;

iii. Lead acetate;

iv. Methylamine;

v. Methyl formamide;

vi. N-methylephedrine;

vii. Phenylacetic acid;

viii. Phenylacetone (phenyl-2-propanone, P2P);

ix. Phenylpropanolamine;

x. Pseudoephedrine.

Except that any combination or compound containing ephedrine, or any of its salts and isomers, or phenylpropanolamine or its salts and isomers, or pseudoephedrine, or any of its salts and isomers which is prepared for dispensing or over-the-counter distribution is not a controlled substance for the purpose of this section, unless such substance is possessed, delivered, or possessed with intent to deliver to another with the intent to manufacture methamphetamine, amphetamine or any other controlled substance in violation of section 37-2732, Idaho Code. For purposes of this provision, the requirements of the uniform controlled substances act shall not apply to a manufacturer, wholesaler or retailer of over-the-counter products containing the listed substances unless such person possesses, delivers, or possesses with intent to deliver to another the over-the-counter product with intent to manufacture a controlled substance.

(2) Immediate precursors to phencyclidine (PCP):

i. 1-phenylcyclohexylamine;

ii. 1-piperidinocyclohexanecarbonitrile (PCC).

(3) Immediate precursors to fentanyl:

i. 4-anilino-N-phenethyl-4-piperidine (ANPP);

ii. Norfentanyl.

History:

[37-2707, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 3, p. 261; am. 1977, ch. 234, sec. 2, p. 701; am. 1980, ch. 160, sec. 2, p. 343; am. 1981, ch. 102, sec. 2, p. 152; am. 1984, ch. 160, sec. 2, p. 393; am. 1985, ch. 25, sec. 2, p. 44; am. 1986, ch. 209, sec. 2, p. 538; am. 1987, ch. 38, sec. 2, p. 64; am. 1988, ch. 190, sec. 2, p. 341; am. 1989, ch. 177, sec. 2, p. 432; am. 1992, ch. 24, sec. 1, p. 72; am. 1995, ch. 1, sec. 2, p. 6; am. 1998, ch. 328, sec. 1, p. 1058; am. 2000, ch. 110, sec. 1, p. 242; am. 2010, ch. 117, sec. 2, p. 246; am. 2011, ch. 134, sec. 2, p. 372; am. 2016, ch. 70, sec. 1, p. 245; am. 2021, ch. 11, sec. 3, p. 25; am. 2022, ch. 47, sec. 2, p. 142; am. 2026, ch. 90, sec. 2, p. 485.]
Idaho Code § 37-2520 — Idaho Code / Title 37 / Chapter 25 / Section 37-2520
37-2520 PENALTIES FOR VIOLATION OF ACT.
Status: in_force

37-2520. Penalties for violation of act. Any person who shall sell or offer for sale or delivery any reclaimed oil the container of which is not labeled or marked as provided in this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than twenty-five dollars, nor more than $300.00, and each and every sale in violation hereof shall be deemed a separate offense.

History:

[37-2520, added 1951, ch. 237, sec. 7, p. 490.]
Idaho Code § 37-2737 — Idaho Code / Title 37 / Chapter 27 / Section 37-2737
37-2737 DISTRIBUTION TO PERSONS UNDER AGE 18.
Status: in_force

ARTICLE IV

37-2737. Distribution to persons under age 18. Any person eighteen (18) years of age or over who violates section 37-2732(a), Idaho Code, by distributing any nonnarcotic drug classified in schedule I, or any controlled substance classified in schedule III, IV, V, or VI, to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by section 37-2732(a)(1)(B), (C) or (D), Idaho Code, by a term of imprisonment of up to twice that authorized by section 37-2732(a)(1)(B), (C) or (D), Idaho Code, or by both.

History:

[I.C., sec. 37-2737, as added by 1971, ch. 215, sec. 1, p. 939; am. 1990, ch. 268, sec. 2, p. 757.]
Idaho Code § 37-2747 — Idaho Code / Title 37 / Chapter 27 / Section 37-2747
37-2747 EDUCATION AND RESEARCH.
Status: in_force

ARTICLE V

37-2747. Education and research. (a) The director or his authorized agent shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs he may:

(1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

(2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

(3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

(4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;

(5) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and

(6) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.

(b) The director shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of this act, he may:

(1) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;

(2) Make studies and undertake programs of research to:

(A) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this act;

(B) Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and

(C) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances; and

(3) Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances.

(c) The director may enter into contracts for educational and research activities without performance bonds.

(d) The director may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.

(e) The director may authorize the possession and distribution of controlled substances by persons lawfully engaged in education and research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization.

History:

[I.C., sec. 37-2747, as added by 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 13, p. 261; am. 1974, ch. 27, sec. 83, p. 811.]
Idaho Code § 37-205 — Idaho Code / Title 37 / Chapter 2 / Section 37-205
37-205 DIRECT-TO-CONSUMER TRANSACTIONS AND REQUIREMENTS.
Status: in_force

37-205. direct-to-consumer transactions and requirements. (1) Producers operating pursuant to this chapter may sell homemade shelf-stable or perishable food products to the fullest extent permitted by applicable state and federal law.

(2) Transactions conducted pursuant to this chapter shall:

(a) Occur between a producer or designated agent and informed end consumer;

(b) Occur entirely within the state of Idaho and shall not constitute or involve interstate commerce. All production, processing, packaging, sale, and delivery activities shall take place wholly within the state of Idaho; and

(c) Not involve the sale of meat or meat products, except:

(i) The sale of poultry and poultry products, if:

1. The producer slaughters no more than one thousand (1,000) poultry of the producer's own raising during any one (1) calendar year;

2. The producer does not engage in buying or selling poultry products other than those produced from poultry of the producer's own raising; and

3. The poultry or poultry product is not adulterated or misbranded;

(ii) The sale of live animals;

(iii) The sale of portions of live animals, including pursuant to section 37-207, Idaho Code, before slaughter for future delivery;

(iv) The sale of domestic rabbit meat;

(v) The sale of farm-raised fish, provided that the fish is raised in accordance with Idaho Code and the fish is not catfish; and

(vi) The sale of meat from cattle, sheep, swine, and goats that have been inspected by the United States department of agriculture or another approved inspector.

(3)(a) A producer or designated agent shall inform the end consumer that any homemade shelf-stable or perishable food product sold pursuant to this chapter is not subject to inspection or licensing.

(b) There shall be a conspicuously displayed sign, label affixed to the food product, or card given to the informed end consumer that shall:

(i) State: "This product is not subject to government food safety inspection or licensing requirements. It may contain allergens.";

(ii) Include the name and contact information of the producer; and

(iii) Include a list of ingredients used in the product if such product contains two (2) or more ingredients.

(4)(a) Perishable food shall be produced, processed, stored, transported, and sold under conditions reasonably intended to maintain the safety and integrity of the product.

(b) Perishable food products shall include information on handling instructions sufficient to inform the consumer of safe storage and preparation practices.

(5) If a retail space is in any way associated with a commercial food establishment or offers any food product available pursuant to this chapter for sale, the retail space shall:

(a) Avoid intermingling by physically separating products available pursuant to this chapter from other products, including shelving in coolers, freezers, warehouses, or other storage areas; and

(b) Include signs or other markings clearly indicating which area offers products available pursuant to this chapter.

History:

[37-205, added 2026, ch. 91, sec. 1, p. 504.]
Idaho Code § 37-2804 — Idaho Code / Title 37 / Chapter 28 / Section 37-2804
37-2804 FORFEITURE REQUEST — REBUTTABLE PRESUMPTION.
Status: in_force

37-2804. Forfeiture request — Rebuttable presumption. Property subject to criminal forfeiture under this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 37-2801, Idaho Code. The attorney general or appropriate prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a separate part II forfeiture request and notice with the trial court.

There is a rebuttable presumption that any property of a person subject to the provisions of section 37-2801, Idaho Code, is subject to forfeiture under this chapter if the state of Idaho establishes by a preponderance of the evidence that:

(1) The property was acquired by a person during the period of the violation of chapter 27, title 37, Idaho Code, or within a reasonable time after such violation; and

(2) There was no likely source for such property other than the violation of chapter 27, title 37, Idaho Code.

History:

[37-2804, added 1996, ch. 230, sec. 1, p. 750.]
Idaho Code § 37-131 — Idaho Code / Title 37 / Chapter 1 / Section 37-131
37-131 FALSE ADVERTISING.
Status: in_force

37-131. False advertising. (a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.

(b) For the purpose of this act the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecytitis, diabetes, diptheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, venereal disease, shall also be deemed to be false, except that no advertisement not in violation of subsection (a) shall be deemed to be false under this subsection if it is disseminated only to members of the medical, osteopathic, chiropodial, dental, or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public-health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices: Provided, that whenever the board determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the board shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the board may deem necessary in the interests of public health: Provided, that this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.

History:

[37-131, added 1959, ch. 153, sec. 19, p. 351.]
Idaho Code § 37-2739 — Idaho Code / Title 37 / Chapter 27 / Section 37-2739
37-2739 SECOND OR SUBSEQUENT OFFENSES.
Status: in_force

ARTICLE IV

37-2739. Second or subsequent offenses. (a) Any person convicted of a second or subsequent offense under this act, who is not subject to a fixed minimum term under section 37-2739B, Idaho Code, may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.

(b) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this act or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs.

History:

[I.C., sec. 37-2739, as added by 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 8, p. 261; am. 1990, ch. 268, sec. 3, p. 757.]
Idaho Code § 37-2730A — Idaho Code / Title 37 / Chapter 27 / Section 37-2730A
37-2730A PRESCRIPTION TRACKING PROGRAM.
Status: in_force

ARTICLE III

37-2730A. Prescription tracking program. (1) The division shall maintain a program to track the prescriptions for controlled substances that are filed with the division under section 37-2726, Idaho Code, for the purpose of assisting in identifying illegal activity related to the dispensing of controlled substances and for the purpose of assisting the division in providing information to patients, practitioners and pharmacists to assist in avoiding inappropriate use of controlled substances. The tracking program and any data created thereby shall be administered by the division. Data collected pursuant to this subsection shall be reported by the end of the business day by all drug outlets that dispense controlled substances in or into Idaho for human patients.

(2) The division shall use the information obtained through the tracking program in identifying activity it reasonably suspects may be in violation of this chapter or medical assistance law. The division shall report this information to the individuals and persons set forth in section 37-2726(2), Idaho Code. The division may release unsolicited information to pharmacists and practitioners when the release of information may be of assistance in preventing or avoiding inappropriate use of controlled substances. The division may provide the appropriate law enforcement agency, medicaid or medicare agency, or licensing board with the relevant information in the division's possession, including information obtained from the tracking program, for further investigation or other appropriate law enforcement or administrative enforcement use.

(3) Information that does not identify individual patients, practitioners, or dispensing pharmacists or pharmacies may be released by the division for educational, research, or public information purposes.

(4) Nothing herein shall prevent a pharmacist or practitioner from furnishing another pharmacist or practitioner information obtained pursuant to and in compliance with this chapter.

(5) Unless there is shown malice or criminal intent or gross negligence or reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, the state of Idaho, the division, any other state agency, or any person or entity in proper possession of information as herein provided shall not be subject to any liability or action for money damages or other legal or equitable relief by reason of any of the following:

(a) The furnishing of information under the conditions herein provided;

(b) The receiving and use of, or reliance on, such information;

(c) The fact that any such information was not furnished; or

(d) The fact that such information was factually incorrect or was released by the division to the wrong person or entity.

(6) The division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

History:

[37-2730A, added 2000, ch. 194, sec. 1, p. 480; am. 2001, ch. 178, sec. 6, p. 603; am. 2006, ch. 175, sec. 3, p. 539; am. 2012, ch. 198, sec. 2, p. 533; am. 2013, ch. 6, sec. 1, p. 14; am. 2021, ch. 35, sec. 4, p. 85; am. 2025, ch. 93, sec. 48, p. 440.]
Idaho Code § 37-510 — Idaho Code / Title 37 / Chapter 5 / Section 37-510
37-510 RETENTION OF TESTED SAMPLES.
Status: in_force

37-510. Retention of tested samples. Every operator testing components in milk or cream for the purpose of determining their commercial value when purchased or sold shall keep for the period of forty-eight (48) hours after completing a test a portion sufficient for two (2) tests of each and every sample tested. These samples shall be accessible to the director or his representative at any and all times and legible record of all tests made by the operator of said tests shall be accessible to the department for a period of thirty (30) days following such tests.

History:

[(37-510) 1925, ch. 224, sec. 5, p. 435; I.C.A., sec. 36-710; am. 1974, ch. 18, sec. 258, p. 364; am. 2011, ch. 115, sec. 8, p. 319.]
Idaho Code § 37-1521 — Idaho Code / Title 37 / Chapter 15 / Section 37-1521
37-1521 REGULATIONS FOR GRADES AND STANDARDS.
Status: in_force

37-1521. Regulations for grades and standards. The director of the department of agriculture shall issue regulations for the enforcement of this act which regulations shall have the force and effect of law. Such regulations may relate to all phases of inspection and grading of eggs and egg products and to the sanitation and conditions of eggs and egg product production, storage and transportation. In arriving at such regulations the director shall consider all pertinent federal egg and egg product laws and regulations.

History:

[(37-1521) 1963, ch. 143, sec. 3, p. 406; 1965, ch. 8, sec. 1, p. 9; rep. & reen. 1969, ch. 39, sec. 2, p. 97; am. 1974, ch. 18, sec. 174, p. 364.]
Idaho Code § 37-405 — Idaho Code / Title 37 / Chapter 4 / Section 37-405
37-405 DEPARTMENT MAY MAKE RULES AND ORDERS.
Status: in_force

37-405. Department may make rules and orders. The department of agriculture is hereby invested with authority to make rules and orders as may be necessary or desirable for carrying out its various functions and the intent and purpose of this act.

History:

[37-405, added 1943, ch. 85, sec. 5, p. 171; am. 1996, ch. 81, sec. 3, p. 265.]
Idaho Code § 37-206 — Idaho Code / Title 37 / Chapter 2 / Section 37-206
37-206 DEPARTMENT TO PROVIDE EDUCATIONAL MATERIAL.
Status: in_force

37-206. department to provide educational material. (1) To prevent foodborne illnesses and promote best safety practices, the department shall compile educational information on food safety, shelf-stable and perishable food storage, and prevention of the spread of foodborne illness and shall make such information publicly available.

(2) Producers and designated agents shall become familiar with the educational material provided by the department.

History:

[37-206, added 2026, ch. 91, sec. 1, p. 505.]
Idaho Code § 37-2517 — Idaho Code / Title 37 / Chapter 25 / Section 37-2517
37-2517 UNDERGROUND STORAGE OR FILL-PIPE — AFFIXATION AND VISIBILITY OF METAL TAG.
Status: in_force

37-2517. Underground storage or fill-pipe — Affixation and visibility of metal tag. If the container of reclaimed oil sold or offered for sale or delivery is an underground storage tank the sign or label required by this article to be attached shall be affixed to the inlet end of the fill-pipe of the underground tank and shall consist of a metal tag firmly attached or affixed and plainly visible while the tank is being filled. The letters on such sign or label may be any convenient size.

History:

[37-2517, added 1951, ch. 237, sec. 4, p. 490.]
Idaho Code § 37-511 — Idaho Code / Title 37 / Chapter 5 / Section 37-511
37-511 TESTER'S AND GRADER'S LICENSE — EXAMINATION — LICENSEE'S SUBSTITUTE.
Status: in_force

37-511. Tester's and grader's license — Examination — Licensee's substitute. Every person testing or grading milk or cream to determine the milk fat as a basis of fixing the purchase price or to determine the acceptability of such milk or cream shall secure a tester's license from the department and shall make such tests and grading only by such process as has been approved by the department, and no person shall make such test and grading without such license, and other than by such process. Each applicant for such license shall be required to submit to examination or by actual demonstration show competency in testing and grading cream and milk according to the regulations prescribed by the department. The fee for each licensee shall be twenty-five dollars ($25.00). The license shall be valid for three (3) years and must be renewed by December 31 of the third year. With the approval of the department any licensee may appoint a substitute to act for a period not to exceed fourteen (14) days.

History:

[(37-511) 1925, ch. 224, sec. 6, p. 435; I.C.A., sec. 36-711; am. 1947, ch. 160, sec. 4, p. 412; am. 1990, ch. 411, sec. 3, p. 1140.]
Idaho Code § 37-2807 — Idaho Code / Title 37 / Chapter 28 / Section 37-2807
37-2807 PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES.
Status: in_force

37-2807. Personal property — Rights of third parties. (1) Within five (5) days of any of the events specified in section 37-2806, Idaho Code, notice, including a copy of the request for forfeiture, shall be given to each co-owner or party in interest who has or claims any right, title or interest in any of such personal property according to one (1) of the following methods:

(a) Upon each co-owner of or party in interest in a titled motor vehicle, aircraft or other conveyance, by mailing notice by certified mail to the address of each co-owner and party in interest as given upon the records of the appropriate department of state or federal government where records relating to such conveyances are maintained.

(b) Upon each secured party and assignee designated as such in any UCC-1 financing statement on file in an appropriate filing office covering any personal property sought to be forfeited, by mailing notice by certified mail to the secured party and the assignee, if any, at their respective addresses as shown on such financing statement.

(c) Upon each co-owner or party in interest whose name and address is known, by mailing notice by registered mail to the last known address of such person.

(2) Within twenty (20) days after the mailing of the notice, the co-owner or party in interest may file a verified answer and claim to the property described in the notice.

(3) If a verified answer is filed within twenty (20) days after mailing of the notice, the forfeiture proceeding against all co-owners and parties in interest who have filed verified answers shall be set for hearing before the court without a jury on a day not less than sixty (60) days after the mailing of the notice; and the proceeding shall have priority over other civil cases.

(a) At the hearing, any co-owner or party in interest who has a verified answer on file may show by competent evidence that his interest in the titled motor vehicle, aircraft or other conveyance is not subject to forfeiture because he could not have known in the exercise of reasonable diligence that the titled motor vehicle, aircraft or other conveyance was being used, had been used or was intended to be used for the purposes described in section 37-2801, Idaho Code.

(b) A co-owner, or claimant of any right, title, or interest in the property may prove that his right, title or interest, whether under a lien, mortgage, security agreement, conditional sales contract or otherwise, was created without any knowledge or reason to believe that the property was being used, had been used or was intended to be used for the purpose alleged;

(i) In the event of such proof, the court shall order that portion of the property or interest released to the bona fide or innocent co-owner, purchaser, lienholder, mortgagee, secured party or conditional sales vendor.

(ii) If the amount due to such person is less than the value of the property, the property may be sold at public auction or in another commercially reasonable method by the attorney general or appropriate prosecuting attorney. If sold at public auction, the attorney general, or appropriate prosecuting attorney, shall publish a notice of the sale by at least one (1) publication in a newspaper published and circulated in the city, community or locality where the sale is to take place at least one (1) week prior to sale of the property. The proceeds from such sale shall be distributed as follows in the order indicated:

1. To the bona fide or innocent co-owner, purchaser, conditional sales vendor, lienholder, mortgagee or secured party of the property, if any, up to the value of his interest in the property.

2. The balance, if any, in the following order:

(A) To the attorney general or appropriate prosecuting attorney, for all expenditures made or incurred by them in connection with the sale, including expenditure for any necessary repairs, storage or transportation of the property, and for all expenditures made or incurred by him in connection with the forfeiture proceedings including, but not limited to, expenditures for witnesses' fees, reporters' fees, transcripts, printing, traveling and investigation.

(B) To the law enforcement agency of this state which seized the property for all expenditures for traveling, investigation, storage and other expenses made or incurred after the seizure and in connection with the forfeiture of any property seized under this chapter.

(C) The remainder, if any, to the director of the Idaho state police for credit to the drug and driving while under the influence enforcement donation fund created in section 57-816, Idaho Code, or to the appropriate prosecuting attorney for credit to the local drug enforcement donation fund, or its equivalent.

3. Notwithstanding any other provision of this section, upon being satisfied that the interest of a co-owner or claimant should not be subject to forfeiture because they neither knew nor should have known that the personal property was being used or had been used for the purposes alleged, or that due to preexisting security interests in such property there is no equity which may be forfeited, the attorney general or appropriate prosecuting attorney may release the property to the co-owner, holder of the security interest, or other claimant.

4. In any case, the attorney general, or appropriate prosecuting attorney, may, within thirty (30) days after order of forfeiture, pay the balance due to the bona fide lienholder, mortgagee, secured party or conditional sales vendor and thereby purchase the property for use to enforce this chapter.

History:

[37-2807, added 1996, ch. 230, sec. 1, p. 752; am. 2000, ch. 469, sec. 92, p. 1544; am. 2009, ch. 108, sec. 6, p. 355.]
Idaho Code § 37-2734A — Idaho Code / Title 37 / Chapter 27 / Section 37-2734A
37-2734A PROHIBITED ACTS D — PENALTIES.
Status: in_force

ARTICLE IV

37-2734A. Prohibited acts D — Penalties. (1) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia 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.

(2) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

(3) Any person who is in violation of the provisions of subsections (1) and/or (2) of this section is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one (1) year, fined not more than one thousand dollars ($1,000), or both.

History:

[37-2734A, added 1980, ch. 388, sec. 2, p. 982; am. 1990, ch. 311, sec. 1, p. 851.]
Idaho Code § 37-607 — Idaho Code / Title 37 / Chapter 6 / Section 37-607
37-607 INSPECTIONS.
Status: in_force

37-607. Inspections. (1) The director or his designee is authorized to enter and inspect any dairy farm to determine compliance with the dairy farm's environmental management plan. The director shall have access to or copy any records pertaining to the dairy environmental management system to ensure compliance with the dairy environmental management plan.

(2) The director shall comply with the biosecurity protocol of the operation so long as the protocol does not inhibit reasonable access to:

(a) Enter and inspect at reasonable times the premises or land application site or sites of a dairy farm;

(b) Review, copy, or review and copy at reasonable times any records that must be kept under conditions of this chapter;

(c) Sample or monitor at reasonable times substances or parameters directly related to compliance with this chapter.

(3) All inspections and investigations conducted under the authority of this chapter shall be performed in conformity with section 17, article I, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless searches of private property in the absence of either consent from the property owner or other authorized person.

History:

[37-607, added 2014, ch. 284, sec. 1, p. 722; am. 2016, ch. 129, sec. 14, p. 384.]
Idaho Code § 37-3305 — Idaho Code / Title 37 / Chapter 33 / Section 37-3305
37-3305 PREEMPTION.
Status: in_force

37-3305. Preemption. The provisions of this chapter shall be construed to preempt more stringent regulation of retail sales of pseudoephedrine products by any county, city or other political subdivision.

History:

[37-3305, added 2006, ch. 95, sec. 1, p. 270.]
Idaho Code § 37-3301 — Idaho Code / Title 37 / Chapter 33 / Section 37-3301
37-3301 DEFINITIONS.
Status: in_force

37-3301. Definitions. As used in this chapter:

(1) "Pseudoephedrine product" means any compound, mixture or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers.

(2) "Retailer" means any person, other than a wholesaler, who sells or offers for sale or distributes at retail pseudoephedrine products, irrespective of the quantity or amount or the amount of sales of such pseudoephedrine products.

History:

[37-3301, added 2006, ch. 95, sec. 1, p. 269.]
Idaho Code § 37-2734D — Idaho Code / Title 37 / Chapter 27 / Section 37-2734D
37-2734D DRUG-INDUCED HOMICIDE.
Status: in_force

ARTICLE IV

37-2734D. Drug-induced homicide. (1) A person is guilty of drug-induced homicide if:

(a) The person has violated the provisions of section 37-2732(a), 37-2732B, or 37-2732D, Idaho Code, and has provided a controlled substance to a person; and

(b) A person died as a result of the injection, inhalation, ingestion, or administration by any other means of any amount of such controlled substance.

(2) Drug-induced homicide shall be a felony punishable by imprisonment for an indeterminate term of life and a maximum fine of twenty-five thousand dollars ($25,000).

History:

[37-2734D, added 2024, ch. 4, sec. 3, p. 15.]
Idaho Code § 37-2509 — Idaho Code / Title 37 / Chapter 25 / Section 37-2509
37-2509 DUTY OF ATTORNEY GENERAL AND PROSECUTING ATTORNEYS.
Status: in_force

37-2509. Duty of attorney general and prosecuting attorneys. It shall be the duty of the attorney general of the state of Idaho or the prosecuting attorney in any county of the state, when called upon by the department of agriculture, to render all legal assistance in his power to execute the provisions of this chapter and to prosecute cases arising under this chapter.

History:

[(37-2509) 1917, ch. 124, sec. 9, p. 413; reen. C.L. 65:124; C.S., sec. 1791; I.C.A., sec. 36-1609; am. 1939, ch. 96, sec. 4, p. 162; am. 1974, ch. 18, sec. 216, p. 364.]
Idaho Code § 37-2722 — Idaho Code / Title 37 / Chapter 27 / Section 37-2722
37-2722 ISSUING, DISTRIBUTING, AND DISPENSING OF CONTROLLED SUBSTANCES.
Status: in_force

ARTICLE III

37-2722. issuing, distributing, and dispensing of controlled substances. No person shall issue or dispense a prescription drug order for a controlled substance unless it is in compliance with applicable state and federal law.

(a) Controlled substances included in schedule I shall be distributed only by a registrant to another registrant pursuant to the federal drug enforcement administration (DEA) order form 222.

(b) Controlled substances included in schedule II shall:

(1) Be distributed only by a registrant to another registrant pursuant to DEA order form 222.

(2) Be dispensed only pursuant to a valid prescription drug order, except when dispensed directly by a prescriber.

(3) Not be refilled.

(4) Include a quantity that is both spelled out in English and written in numerical form, when a written prescription drug order is required.

(c) Controlled substances included in schedule III or IV shall:

(1) Be dispensed only pursuant to a valid prescription drug order, except when dispensed directly by a prescriber.

(2) Not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner.

(d) Controlled substances included in schedule V shall not be distributed or dispensed other than for a medical purpose.

(e) A pharmacist may dispense a controlled substance pursuant to a valid prescription drug order of an individual licensed in a jurisdiction other than the state of Idaho as long as the individual is acting within the jurisdiction, scope and authority of his license.

(f) Prior to issuing to a patient a prescription for outpatient use for an opioid analgesic or benzodiazepine listed in schedule II, III, or IV, the prescriber or the prescriber's delegate shall review the patient's prescription drug history for the preceding twelve (12) months from the prescription drug monitoring program and evaluate the data for indicators of prescription drug diversion or misuse. This review is not required:

(1) For patients:

i. Receiving treatment in an inpatient setting;

ii. At the scene of an emergency or in an ambulance;

iii. In hospice care; or

iv. In a skilled nursing home care facility; or

(2) For a prescription in a quantity intended to last no more than three (3) days.

History:

[37-2722, added 1971, ch. 215, sec. 1, p. 939; am. 2000, ch. 276, sec. 1, p. 898; am. 2001, ch. 178, sec. 1, p. 601; am. 2018, ch. 36, sec. 4, p. 73; am. 2020, ch. 220, sec. 1, p. 652; am. 2026, ch. 90, sec. 11, p. 498.]
Idaho Code § 37-309 — Idaho Code / Title 37 / Chapter 3 / Section 37-309
37-309 STANDARDS FOR MILK HAULERS.
Status: in_force

37-309. Standards for milk haulers. The following standards are hereby adopted relating to milk haulers and to the operation of transportation tanks:

(1) All milk haulers must possess a permit issued by the state department of agriculture. All milk haulers shall be subject to such examination and abilities as the department of agriculture may prescribe by rule or regulation in order to receive and retain such permit. The fee for the permit shall be twenty-five dollars ($25.00). The permit shall be valid for three (3) years and must be renewed by December 31 of the third year.

(2) The milk line shall be passed through a special port opening through the milk house wall with care to prevent contact with the ground or floor of the milk house. The port opening shall be closed when not in use.

(3) It shall be the responsibility of the milk hauler to assure that in the event the processor washes and sanitizes the truck the operation has been adequately performed, and that prior to use the tank truck has been properly sanitized. In the event it is the milk hauler's responsibility to sanitize the tank truck, it shall be done with a chlorine solution of proper strength.

(4) The milk hauler's hands shall be washed immediately before gauging the milk.

(5) The milk shall be observed and checked for abnormalities or adulterations, and all abnormal or adulterated milk shall be rejected.

(6) The milk volume in the farm tank shall be determined in a sanitary manner.

(7) The milk in the farm tank shall be thoroughly agitated. Milk samples for analysis shall be taken in a sanitary manner into properly identified sterile containers. All sampling shall follow standard methods.

(8) After the milk is pumped to the transportation tank the milk conductor tubing shall be capped and returned to the vehicle storage cabinet. Care shall be taken to prevent soiling of the milk line by contact with the milk house floor, operator's hands or the ground.

(9) The milk hauler shall rinse the farm tank and accessories free of milk with clean water immediately after emptying.

(10) The milk hauler shall be responsible for proper use of the transportation tank and accessories.

History:

[37-309, added 2014, ch. 275, sec. 11, p. 689.]
Idaho Code § 37-1526 — Idaho Code / Title 37 / Chapter 15 / Section 37-1526
37-1526 VIOLATION A MISDEMEANOR — PENALTIES.
Status: in_force

37-1526. Violation a misdemeanor — Penalties. Any person convicted of violating any provisions of this act or the rules and regulations issued thereunder or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the director or his duly authorized representative in performance of his duty in connection with the provisions of this act, shall be adjudged guilty of a misdemeanor and shall be fined not more than one hundred dollars ($100) for the first violation, and not less than one hundred dollars ($100) or more than three hundred dollars ($300) for a subsequent violation.

History:

[37-1526, added 1963, ch. 143, sec. 8, p. 406; am. 1974, ch. 18, sec. 179, p. 364.]
Idaho Code § 37-1202 — Idaho Code / Title 37 / Chapter 12 / Section 37-1202
37-1202 LABELING AND ADVERTISING FROZEN DESSERTS AND FROZEN NOVELTIES.
Status: in_force

37-1202. Labeling and advertising frozen desserts and frozen novelties. (a) All packages and containers used in the sale and distribution of frozen desserts or frozen novelties shall bear a label. The label shall plainly give the name of the product as defined in regulations promulgated by the director of the department of agriculture, and if a trade or brand name is used, the name of the product shall be in letters at least one-half the size of the letters of such brand or trade name. The label shall also bear the name and address of the manufacturer or distributor.

(b) Wherever any frozen desserts or frozen novelties are sold or dispensed over counters, through machines, or in any other manner than in labeled cartons, packages or containers, the seller or dispenser thereof shall in his advertising or his offer to sell or dispense such product plainly display the name of the product as defined in regulations promulgated by the director of the department of agriculture in letters at least one-half of the size of the letters of the trade or brand name. When any frozen dessert or frozen novelty is sold or dispensed, other than in packages or containers, without any advertising or the use of a trade or brand name, the seller or dispenser thereof shall conspicuously display at the counter, machine or place where the product is sold or dispensed, a sign with letters at least four (4) inches high describing the product so sold or dispensed.

History:

[37-1202, added 1949, ch. 44, sec. 2, p. 77; am. 1977, ch. 308, sec. 2, p. 881; am. 1979, ch. 118, sec. 2, p. 367.]
Idaho Code § 37-319 — Idaho Code / Title 37 / Chapter 3 / Section 37-319
37-319 PENALTY — ENFORCEMENT.
Status: in_force

37-319. Penalty — Enforcement. (1) Any person, firm or corporation, violating the provisions of sections 37-315 through 37-318, Idaho Code, or any part or provision of any of said sections, shall be guilty of a misdemeanor and punishable by a fine not exceeding two hundred dollars ($200) or imprisonment in the county jail not exceeding six (6) months or by both such fine and imprisonment.

(2) In addition, any products not in compliance with the provisions of sections 37-315 through 37-318, Idaho Code, shall be subject to seizure and disposition in accordance with an appropriate court order or rule adopted by the director of the department of agriculture.

History:

[(37-319) 37-335, added 1921, ch. 149, sec. 2, p. 341; I.C.A., sec. 36-435; am. 1937, ch. 107, sec. 3, p. 160; am. 1985, ch. 61, sec. 4, p. 124; am. 1987, ch. 7, sec. 8, p. 12; am. and redesig. 2014, ch. 275, sec. 38, p. 694.]
Idaho Code § 37-2715 — Idaho Code / Title 37 / Chapter 27 / Section 37-2715
37-2715 RULES.
Status: in_force

ARTICLE III

37-2715. Rules. The board may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state.

History:

[I.C., sec. 37-2715, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-506 — Idaho Code / Title 37 / Chapter 5 / Section 37-506
37-506 METHOD OF TESTING MILK AND CREAM.
Status: in_force

37-506. Method of testing milk and cream. (1) All milk and cream purchased or sold in the state of Idaho at a price based on or determined by the milkfat, protein, lactose, solids nonfat, or somatic cell counts thereof, or by any other quality parameter or other analyte thereof, shall be tested by methods approved by the director of the department of agriculture of the state of Idaho.

(2) Samples must be taken from every shipment of milk and cream by a milk hauler authorized by the department pursuant to chapter 3, title 37, Idaho Code. Accurate thermometers must be provided at all times. Milk and cream samples must be protected and in a tamper-proof place between thirty-three (33) and forty-five (45) degrees Fahrenheit.

(3) Such samples may be examined and tested by the buyer, seller, or department at any time. The department is authorized to conduct audits of a person's, corporation's, cooperative's, or company's payments for milk or cream to determine if such payments comply with established requirements.

History:

[(37-506) 1913, ch. 132, sec. 1, p. 482; am. 1915, ch. 100, sec. 1, p. 238; reen. C.L. 65:71; C.S., sec. 1738; I.C.A., sec. 36-706; am. 1947, ch. 160, sec. 2, p. 412; am. 1963, ch. 49, sec. 1, p. 201; am. 1974, ch. 18, sec. 257, p. 364; am. 1986, ch. 101, sec. 7, p. 287; am. 2011, ch. 115, sec. 5, p. 317; am. 2026, ch. 74, sec. 1, p. 317.]
Idaho Code § 37-1529 — Idaho Code / Title 37 / Chapter 15 / Section 37-1529
37-1529 RIGHT TO INJUNCTION.
Status: in_force

37-1529. Right to injunction. The director is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this act or any rules or regulations promulgated under this act notwithstanding the existence of other remedies at law, said injunction to be issued without bond.

History:

[37-1529, added 1963, ch. 143, sec. 11, p. 406; am. 1974, ch. 18, sec. 181, p. 364.]
Idaho Code § 37-3306 — Idaho Code / Title 37 / Chapter 33 / Section 37-3306
37-3306 APPLICATION.
Status: in_force

37-3306. Application. The provisions of this chapter shall not apply to a pseudoephedrine product dispensed pursuant to a valid prescription unless otherwise provided by law.

History:

[37-3306, added 2006, ch. 95, sec. 1, p. 270.]
Idaho Code § 37-308 — Idaho Code / Title 37 / Chapter 3 / Section 37-308
37-308 STANDARDS FOR TRANSPORTATION TANKS.
Status: in_force

37-308. Standards for transportation tanks. The following standards are hereby adopted relating to transportation tanks:

(1) The transportation tank and accessories in the milk handling operation shall comply with the requirements of the 3A sanitary standards symbol administrative council, 3A standards for transportation tanks existing at the time of the passage of this act.

(2) Suitable facilities, including hot and cold running water, detergent, brushes, sanitizers and sanitizing equipment, a concrete floor with proper drainage and waste disposal, shall be provided for washing and sanitizing of transportation tanks. Unless the truck is to be used within a few hours of the washing operation the sanitizing of the tank shall be omitted until just before the tank truck is to be used. During the interim, the tank truck shall be protected from contamination by closing port holes, etc. Since the tank truck may be sanitized on a different date and at a different time from the cleaning and washing operation, a tag shall provide space for recording this information. The washing, sanitizing and maintenance of the transportation tank and accessories shall be the responsibility of the processor or milk hauler. The department of agriculture shall be informed in writing designating the person responsible for the cleaning, sanitizing and maintenance of the transportation tank.

(3) The transportation tank and all accessories shall be thoroughly rinsed after each usage, and shall be thoroughly cleaned and sanitized daily and the tank tagged and sealed with a tag attached indicating that the tank has been washed, sanitized or washed and sanitized. This tag shall also contain the name of the person doing the work and the date on which the work was done. The tag shall be removed by the hauler at his first pickup and retained at the receiving plant for a minimum of thirty (30) days.

(4) Single length, durable, nontoxic, flexible milk conductor tubing shall be used for conveying milk from the farm tank to the transportation tank. The inside diameter of milk conductor tubing shall not be less than one and three-eighths (1 3/8) inches. If two (2) lengths of tubing are used, they shall be connected either by the use of sanitary couplings or a piece of 3A sanitary tubing with clamps which can be removed without tools. The connections between the pump and the vehicle tank, and between the pump and the milk conductor tubing shall remain assembled, except when dismantled for cleaning. The open end of the milk tubing shall be capped with an approved protective cap at all times, except when loading or unloading. The outlet valve, milk pump and the milk conductor tubing and samples shall be enclosed in a properly drained, insulated, dust-tight cabinet.

(5) The transportation tank and the accessories shall be used for no other purpose than the handling of milk unless such other use is approved by the department of agriculture.

History:

[37-308, added 2014, ch. 275, sec. 10, p. 689.]
Idaho Code § 37-2734C — Idaho Code / Title 37 / Chapter 27 / Section 37-2734C
37-2734C PROHIBITED ACTS F — PENALTIES.
Status: in_force

ARTICLE IV

37-2734C. Prohibited acts f — Penalties. (1) A person is guilty of the crime of unlawful storage of anhydrous ammonia in a container that:

(a) Is not approved by the United States department of transportation to hold anhydrous ammonia; or

(b) Was not constructed to meet state and federal industrial health and safety standards for holding anhydrous ammonia.

(2) Violation of this section is a felony.

(3) This section does not apply to public employees or private contractors authorized to clean up and dispose of hazardous waste or toxic substances pursuant to the provisions of chapter 22, title 49, Idaho Code.

(4) Any damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia equipment shall be the sole responsibility of the person or persons unlawfully possessing, storing or tampering with the anhydrous ammonia. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia or anhydrous ammonia equipment extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor or seller of the anhydrous ammonia or anhydrous ammonia equipment, unless such damages arise out of the acts or omissions of the owner, installer, maintainer, designer, manufacturer, possessor or seller that constitute negligent misconduct to abide by the laws regarding anhydrous ammonia possession and storage.

History:

[37-2734C, added 2002, ch. 257, sec. 3, p. 748.]
Idaho Code § 37-2512 — Idaho Code / Title 37 / Chapter 25 / Section 37-2512
37-2512 ADULTERATION OF OILS — MISBRANDED DEFINED.
Status: in_force

37-2512. Adulteration of oils — Misbranded defined. For the purposes of this chapter an article shall be deemed to be adulterated:

1. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality, purity or strength.

2. If any substance has been substituted, wholly or in part, for the article.

3. If the article fails to conform to any of the requirements of the standards of quality, purity and strength adopted by the American Society for Testing and Materials or other specifications adopted as standard by an Idaho governmental agency for its use.

The term "misbranded," as used herein, shall apply to all articles, the package or label of which shall bear any statement, design or device regarding such article, or the ingredients or substances contained therein, or the properties of such article which are false or misleading in any particular whatsoever.

History:

[(37-2512) 1917, ch. 124, sec. 12, p. 413; reen. C.L. 65:127; C.S., sec. 1794; I.C.A., sec. 36-1612; am. 1967, ch. 150, sec. 7, p. 338.]
Idaho Code § 37-3303 — Idaho Code / Title 37 / Chapter 33 / Section 37-3303
37-3303 LIMITATIONS ON SALES AND PURCHASES.
Status: in_force

37-3303. Limitations on sales and purchases. (1) It shall be unlawful for any retailer to knowingly sell, transfer or otherwise furnish in a single day a pseudoephedrine product or products containing more than a base amount of three and six-tenths (3.6) grams of pseudoephedrine.

(2) It shall be unlawful for any person to knowingly purchase from a retailer more than the daily sales limit of a pseudoephedrine product or products containing a base amount of three and six-tenths (3.6) grams per purchaser or more than a base amount of nine (9) grams of pseudoephedrine in a single thirty (30) day period, regardless of the number of transactions.

(3) The retailer shall not sell the pseudoephedrine product unless the purchaser presents a photographic identification card issued by a state or by the federal government.

(4) (a) A retailer shall, before completing a sale under the provisions of this section, submit the required information to the electronic sales tracking system established under section 37-3303A, Idaho Code, as long as such a system is available without charge to the retailer for accessing the system. The retailer may not complete the sale if the system generates a stop sale alert, except as permitted in section 37-3303A, Idaho Code.

(b) If a retailer selling a nonprescription pseudoephedrine product experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with the electronic sales tracking requirement, he or she shall make available for inspection by any law enforcement officer or board inspector during normal business hours the logbook required by the federal combat methamphetamine epidemic act of 2005 until such time as he or she is able to comply with the electronic sales tracking requirement.

(c) A retailer selling a nonprescription pseudoephedrine product may seek an exemption from submitting transactions to the electronic sales tracking system in writing to the board of pharmacy stating the reasons for the exemption. The board may grant an exemption for good cause shown, but in no event shall a granted exemption exceed one hundred eighty (180) days. The board may grant multiple exemptions for any retailer if the good cause shown indicates significant hardship for compliance with this section. A retailer that receives an exemption shall make available for inspection by any law enforcement officer or board inspector during normal business hours the logbook required by the federal combat methamphetamine epidemic act of 2005. For purposes of this subsection, "good cause" includes, but is not limited to, situations where the installation of the necessary equipment to access the system is unavailable or cost prohibitive to the retailer.

(d) A retailer may withdraw from participating in the electronic sales tracking system if the system is no longer being furnished without charge for accessing the system. A retailer who withdraws from the electronic sales tracking system is subject to the same requirements as a retailer who has been granted an exemption under subsection (c) of this section.

(e) For the purposes of subsection (4) of this section and section 37-3303A, Idaho Code:

(i) "Charge for accessing the system" means charges relating to:

1. Access to the web-based electronic sales tracking software;

2. Training; and

3. Technical support to integrate to point of sale vendors, if necessary.

(ii) "Charge for accessing the system" does not include:

1. Charges relating to required internet access;

2. Optional hardware that a pharmacy may choose to purchase for work flow purposes; or

3. Other equipment.

History:

[37-3303, added 2006, ch. 95, sec. 1, p. 269; am. 2012, ch. 303, sec. 1, p. 841.]
Idaho Code § 37-606A — Idaho Code / Title 37 / Chapter 6 / Section 37-606A
37-606A DAIRY ENVIRONMENTAL MANAGEMENT PLAN.
Status: in_force

37-606A. dairy environmental management plan. (1) Each dairy farm shall comply with the dairy environmental management plan that is approved and on file with the department 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) The environmental management plan and all information generated by the dairy as a result of such plan shall be deemed to be trade secrets, production records or other proprietary information; shall be kept confidential; and shall be exempt from disclosure pursuant to section 74-107, Idaho Code, unless such plan is a required component of an NPDES permit.

History:

[37-606A, added 2016, ch. 129, sec. 13, p. 384.]
Idaho Code § 37-2743 — Idaho Code / Title 37 / Chapter 27 / Section 37-2743
37-2743 COOPERATIVE ARRANGEMENTS.
Status: in_force

ARTICLE V

37-2743. Cooperative arrangements. (a) The director of the Idaho state police shall cooperate with federal and other state agencies in discharging his responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, he may:

(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;

(2) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;

(3) Cooperate with the bureau by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state and local law enforcement purposes. The name or identity of a patient or research subject whose identity could not be obtained under subsection (c) of this section shall be subject to disclosure according to chapter 1, title 74, Idaho Code;

(4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substance may be extracted;

(5) Enter into agreements with other states to coordinate and facilitate the enforcement of this act; and

(6) Require law enforcement agencies to report such information regarding traffic in controlled substances and abuse of controlled substances as he deems necessary to enforce this act. Such reports shall be on forms supplied by the director of the Idaho state police and shall include, but not be limited to, the following information: Names, ages, sex, race, and residences of individuals involved in violations of this act; the contraband confiscated, showing the kind, location, quantity, date, and place where seized; the circumstances surrounding the arrests and a report of the disposition of charges.

(b) Results, information, and evidence received from the bureau relating to the regulatory functions of this act, including results of inspections and investigations conducted by the bureau may be relied and acted upon by the board in the exercise of its regulatory functions under this act.

(c) A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the director, nor may he be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential and as such the name or identity of the patient or research subject is subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[37-2743, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 10, p. 261; am. 1974, ch. 27, sec. 81, p. 811; am. 1990, ch. 213, sec. 32, p. 507; am. 2000, ch. 469, sec. 88, p. 1537; am. 2015, ch. 141, sec. 80, p. 438.]
Idaho Code § 37-2706 — Idaho Code / Title 37 / Chapter 27 / Section 37-2706
37-2706 SCHEDULE II TESTS.
Status: in_force

ARTICLE II

37-2706. Schedule II tests. The board shall place a substance in schedule II if it finds that:

(a) The substance has high potential for abuse;

(b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and

(c) The abuse of the substance may lead to severe psychic or physical dependence.

History:

[I.C., sec. 37-2706, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-1523 — Idaho Code / Title 37 / Chapter 15 / Section 37-1523
37-1523 FEES — RENEWAL.
Status: in_force

37-1523. Fees — Renewal. (a) The annual license fee for each physically separate establishment of a distributor shall be twenty dollars ($20.00). The annual license fee for each egg candler shall be five dollars ($5.00). The period for which the license fee is paid and for which the license is issued shall be July first to and including the following June thirtieth, and if the license is issued within that period the license fee shall nevertheless be the full amount above stated. Each license shall be renewed on July first of each year.

(b) All license fees, assessments and moneys collected by the director under the provisions of this act shall be placed in a separate fund in the state treasury to be used by the director solely for the purpose of inspection, administration and the enforcement of this act.

History:

[37-1523, added 1963, ch. 143, sec. 5, p. 406; am. 1974, ch. 18, sec. 176, p. 364; am. 1975, ch. 175, sec. 2, p. 477; am. 1982, ch. 26, sec. 3, p. 52.]
Idaho Code § 37-2713 — Idaho Code / Title 37 / Chapter 27 / Section 37-2713
37-2713 SCHEDULE V.
Status: in_force

ARTICLE II

37-2713. Schedule V. (a) Schedule V 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) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below.

(c) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs or salts thereof, which shall include one (1) or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;

(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;

(6) Not more than 0.5 milligrams difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

(d) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:

(1) Brivaracetam (BRV; UCB-34714; Briviact) (including its salts);

(2) Cenobamate;

(3) Ezogabine;

(4) Ganaxolone;

(5) Lacosamide;

(6) Lasmiditan;

(7) Pregabalin;

(8) Pyrovalerone.

History:

[37-2713, added 1971, ch. 215, sec. 1, p. 939; am. 1977, ch. 234, sec. 5, p. 707; am. 1980, ch. 160, sec. 5, p. 348; am. 1984, ch. 160, sec. 5, p. 399; am. 1986, ch. 209, sec. 4, p. 542; am. 1989, ch. 177, sec. 4, p. 437; am. 1990, ch. 29, sec. 1, p. 44; am. 2003, ch. 185, sec. 3, p. 507; am. 2010, ch. 117, sec. 5, p. 254; am. 2012, ch. 181, sec. 4, p. 483; am. 2017, ch. 4, sec. 5, p. 16; am. 2019, ch. 24, sec. 3, p. 37; am. 2021, ch. 11, sec. 5, p. 30; am. 2022, ch. 47, sec. 4, p. 147; am. 2023, ch. 13, sec. 3, p. 61; am. 2026, ch. 90, sec. 5, p. 494.]
Idaho Code § 37-608 — Idaho Code / Title 37 / Chapter 6 / Section 37-608
37-608 UNAUTHORIZED DISCHARGES AND UNAUTHORIZED RELEASES.
Status: in_force

37-608. unauthorized discharges and unauthorized releases. (1) No dairy farm shall cause an unauthorized discharge or an unauthorized release.

(2) The department of environmental quality shall be solely responsible and authorized to determine whether the discharge of pollutants from a dairy farm to waters of the United States is required to be authorized by an NPDES permit under chapter 1, title 39, Idaho Code. The provisions of this chapter do not define when a dairy farm is required to obtain an NPDES permit for a discharge, do not exempt a dairy farm from NPDES permitting requirements for such discharges or alter the authority of the department of environmental quality with respect to such discharges. The department shall consult with the department of environmental quality regarding its discovery of unauthorized discharges and any compliance, corrective or other enforcement actions the department has undertaken pursuant to the provisions of this chapter to enable the department of environmental quality to determine whether additional action by the department of environmental quality is warranted.

(3) The department shall determine the appropriate corrective, compliance or other enforcement action to be taken with respect to unauthorized releases.

History:

[37-608, added 2016, ch. 129, sec. 16, p. 385.]
Idaho Code § 37-2803 — Idaho Code / Title 37 / Chapter 28 / Section 37-2803
37-2803 INVENTORY.
Status: in_force

37-2803. Inventory. Any peace officer of this state seizing property subject to forfeiture under the provisions of this chapter shall cause a written inventory to be made and maintain custody of the same until all legal actions have been exhausted. A copy of the inventory shall be sent, within five (5) days of the seizure, to the director of the Idaho state police. Upon completion of the forfeiture action pursuant to this chapter, a final inventory shall be made which indicates the disposition of the seized property, and a copy of that inventory shall also be sent to the director of the Idaho state police.

History:

[37-2803, added 1996, ch. 230, sec. 1, p. 750; am. 2000, ch. 469, sec. 91, p. 1544.]
Idaho Code § 37-1527 — Idaho Code / Title 37 / Chapter 15 / Section 37-1527
37-1527 DIRECTOR'S DISCRETIONARY ACTION.
Status: in_force

37-1527. Director's discretionary action. Nothing in this act shall be construed as requiring the director or his representative to report for prosecution or for the institution of seizure proceeding a minor violation of the act when he believes that the public interest will be best served by a suitable warning notice in writing.

Before the director reports a violation for such prosecution, an opportunity shall be given the person in asserted violation to present his understanding of the facts to the director.

History:

[37-1527, added 1963, ch. 143, sec. 9, p. 406; am. 1974, ch. 18, sec. 180, p. 364.]
Idaho Code § 37-502 — Idaho Code / Title 37 / Chapter 5 / Section 37-502
37-502 INSPECTIONS OF DAIRY PRODUCT ESTABLISHMENTS
Status: in_force

37-502. Inspections of dairy product establishments . It shall be the duty of the director of the department of agriculture, to make inspections or cause inspections to be made in this state of all places required to be licensed by the provisions of this act, where dairy products are sold, offered for sale, or manufactured in the enforcement of the present dairy laws and all future dairy legislation hereinafter enacted, and to collect statistics on the manufacture and sale of dairy products in Idaho.

History:

[(37-502) 1925, ch. 224, sec. 2, p. 435; I.C.A., sec. 36-702; am. 1974, ch. 18, sec. 255, p. 364.]
Idaho Code § 37-2814 — Idaho Code / Title 37 / Chapter 28 / Section 37-2814
37-2814 FORFEITURE OF SUBSTITUTE PROPERTY.
Status: in_force

37-2814. Forfeiture of substitute property. If any of the property described in section 37-2801, Idaho Code, as a result of any act or omission of the defendant:

(1) Cannot be located upon the exercise of due diligence;

(2) Has been transferred or sold to, or deposited with, a third party;

(3) Has been placed beyond the jurisdiction of the court;

(4) Has been substantially diminished in value; or

(5) Has been commingled with other property which cannot be divided without difficulty;

the court shall order the forfeiture of any other property of the defendant up to the value of any property described in section 37-2801, Idaho Code.

History:

[37-2814, added 1996, ch. 230, sec. 1, p. 757.]
Idaho Code § 37-1507 — Idaho Code / Title 37 / Chapter 15 / Section 37-1507
37-1507 VIOLATION A MISDEMEANOR.
Status: in_force

37-1507. Violation a misdemeanor. Any person who violates or fails to comply with any of the provisions of this act shall be guilty of a misdemeanor.

History:

[37-1507, added 1939, ch. 218, sec. 7, p. 460.]
Idaho Code § 37-2746 — Idaho Code / Title 37 / Chapter 27 / Section 37-2746
37-2746 JUDICIAL REVIEW.
Status: in_force

ARTICLE V

37-2746. Judicial review. All final determinations, findings and conclusions of the board under this act are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision in the district court of the county where the aggrieved person resides. Findings of fact by the board, if supported by substantial evidence, are conclusive.

History:

[I.C., sec. 37-2746, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-2716 — Idaho Code / Title 37 / Chapter 27 / Section 37-2716
37-2716 REGISTRATION REQUIREMENTS.
Status: in_force

ARTICLE III

37-2716. Registration requirements. (a) Every person who manufactures, distributes, prescribes, administers, or conducts research with any controlled substance within this state shall obtain biennially a registration issued by the board in accordance with Idaho law. All drug outlets with a valid license or registration under chapter 17, title 54, Idaho Code, are exempt from obtaining a separate controlled substance registration.

(b) Every dispenser and prescriber, except veterinarians, shall also register with the division to obtain online access to the controlled substances prescriptions database.

(c) Persons registered by the board under this chapter may possess, manufacture, distribute, dispense, prescribe, administer, or conduct research with those substances to the extent authorized by their registration and licensing entity and in conformity with the other provisions of this chapter.

(d) The following persons need not register and may lawfully possess controlled substances under this chapter:

(1) An agent or employee of any person registered pursuant to this chapter, if he is acting in the usual course of his business or employment;

(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

(3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance.

(e) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, administers, dispenses, or conducts research with controlled substances, except a separate registration is not required under this chapter for practitioners engaging in research with nonnarcotic controlled substances in schedules II through IV where the practitioner is already registered under this chapter in another capacity.

(f) Practitioners registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon registering in Idaho and furnishing the board with evidence of the practitioner's federal registration.

(g) The board may inspect the establishment of a registrant or applicant for registration in accordance with Idaho law.

History:

[37-2716, added 1971, ch. 215, sec. 1, p. 939; am. 1974, ch. 27, sec. 79, p. 811; am. 2000, ch. 469, sec. 85, p. 1533; am. 2014, ch. 79, sec. 2, p. 215; am. 2015, ch. 25, sec. 2, p. 35; am. 2021, ch. 35, sec. 2, p. 82; am. 2025, ch. 93, sec. 47, p. 439; am. 2026, ch. 90, sec. 6, p. 495.]
Idaho Code § 37-2505 — Idaho Code / Title 37 / Chapter 25 / Section 37-2505
37-2505 CONFISCATION OF UNLAWFUL ARTICLES.
Status: in_force

37-2505. Confiscation of unlawful articles. Possession by any person of any of the articles above-named in this chapter shall be considered prima facie evidence that the same is kept by such person for sale and, if in violation of this chapter, the department of agriculture shall be authorized to seize upon and take possession of such article and upon the order of any court of competent jurisdiction its official shall destroy the same: provided, that in case the legal disability which exists against such article is one which can be removed by proper labeling, the official shall relabel and sell the same and pay the proceeds into the state treasury.

History:

[(37-2505) 1917, ch. 124, sec. 5, p. 412; reen. C.L. 65:120; C.S., sec. 1787; I.C.A., sec. 36-1605; am. 1974, ch. 18, sec. 213, p. 364.]
Idaho Code § 37-403 — Idaho Code / Title 37 / Chapter 4 / Section 37-403
37-403 BASIS FOR ISSUANCE OR REVOCATION OF LICENSES OR PERMITS.
Status: in_force

37-403. Basis for issuance or revocation of licenses or permits. Whenever, under any law of this state or rule, the director of the department of agriculture or any agent is required to inspect dairy farms and dairy waste systems for compliance with rules prescribed by the department, or determine the sanitary condition of anything referred to in section 37-401, 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 waste systems, milk quality, and 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. The duration of such revocation shall be determined by the director. For violations regarding waste systems the department shall allow the dairy farm's milk to be processed, provided the milk meets quality standards. The value of the milk sold by the violator during the revocation shall be remitted to the county where the violation occurred for deposit in the county current expense fund. The amount remitted to the county current expense fund shall be less processor expenses associated with the procurement of the milk.

History:

[37-403, added 1943, ch. 85, sec. 3, p. 171; am. 1974, ch. 18, sec. 250, p. 364; am. 1996, ch. 81, sec. 2, p. 265; am. 2000, ch. 260, sec. 1, p. 731.]
Idaho Code § 37-307 — Idaho Code / Title 37 / Chapter 3 / Section 37-307
37-307 MILK HAULERS AND TANKS — DEFINITIONS.
Status: in_force

37-307. Milk haulers and tanks — Definitions. As used in this act, unless the context clearly requires otherwise, the following definitions are adopted:

(1) "Milk hauler" means the operator of a transportation tank and may be an employee or the owner of the equipment.

(2) "Farm tank" means a tank used to cool, store or cool and store milk prior to transportation to the processing plant.

(3) "Transportation tank," "bulk tank" and "feeder tank" mean tanks used to transport milk from a farm to a processing plant.

(4) "Chlorine" means chlorine, or other type of sanitizer approved by the director of the department of agriculture.

History:

[37-307, added 2014, ch. 275, sec. 8, p. 688.]
Idaho Code § 37-2101 — Idaho Code / Title 37 / Chapter 21 / Section 37-2101
37-2101 MANUFACTURE AND STORAGE OF ICE.
Status: in_force

37-2101. Manufacture and storage of ice. Ice manufactured or stored for human consumption shall be made from pure water, and shall be kept stored in clean places free from all filth, offal, refuse, and polluted waters and separate and removed from contact with animal or vegetable matter, and not in proximity to any cesspool, privy vault or sewer, nor in places where such ice may be subject to contamination from, or in the action of, acids, oils, noxious, offensive or injurious gases, smoke or vapors; and all ice manufactured or stored in violation of this section shall be deemed polluted ice and not fit for human consumption; and it shall be unlawful to sell, offer for sale, or store for sale such polluted ice, for human consumption.

History:

[(37-2101) 1913, ch. 173, sec. 1, p. 549; reen. C.L. 65:85; C.S., sec. 1752; am. 1921, ch. 176, sec. 1, p. 370; I.C.A., sec. 36-1201.]
Idaho Code § 37-2708 — Idaho Code / Title 37 / Chapter 27 / Section 37-2708
37-2708 SCHEDULE III TESTS.
Status: in_force

ARTICLE II

37-2708. Schedule III tests. The board shall place a substance in schedule III if it finds that:

(a) The substance has a potential for abuse less than the substances listed in schedules I and II;

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

(c) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

History:

[I.C., sec. 37-2708, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-1504 — Idaho Code / Title 37 / Chapter 15 / Section 37-1504
37-1504 EGGS OTHER THAN IN THE SHELL AND EGG PRODUCTS.
Status: in_force

37-1504. Eggs other than in the shell and egg products. It shall be unlawful for any person to sell, offer or expose for sale in this state any foreign eggs in any other from (form) than in the shell, or any egg products manufactured from foreign eggs, without having stamped or printed in legible type in letters two inches (2") high, in durable paint or ink on the side and on the cover of each container the words "Foreign Produced Eggs From ….," following (followed) by the name of the country in which such eggs were produced, or in which the eggs from which such egg products were manufactured were produced.

History:

[37-1504, added 1939, ch. 218, sec. 4, p. 460.]
Idaho Code § 37-122 — Idaho Code / Title 37 / Chapter 1 / Section 37-122
37-122 FOOD DEEMED ADULTERATED.
Status: in_force

37-122. Food deemed adulterated. A food shall be deemed to be adulterated–(a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or (2) if it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of section 37-125; or (3) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or (5) if it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(b) (1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (2) if any substance has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

(c) If it is confectionery and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one per centum (.4%), harmless natural gum, and pectic; Provided, that this paragraph shall not apply to any confectionery by reason of its containing less than one-half of one per centum (.5%) by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substances.

(d) If it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act.

History:

[37-122, added 1959, ch. 153, sec. 10, p. 351.]
Idaho Code § 37-609 — Idaho Code / Title 37 / Chapter 6 / Section 37-609
37-609 NONCOMPLIANCE — ENFORCEMENT — PENALTIES.
Status: in_force

37-609. noncompliance — enforcement — penalties. (1) A dairy farm operating in compliance with its environmental management plan shall not be subject to enforcement action pursuant to this chapter.

(2) The department shall address noncompliance with an environmental management plan through corrective actions, compliance schedules or other actions authorized by rules adopted pursuant to this chapter. Dairy farms shall not be subject to fines, corrective actions or compliance schedules under this chapter for upset conditions or agricultural stormwater discharges. The department's authority to address noncompliance with environmental management plans does not alter the authority of the department of environmental quality with respect to the discharge of pollutants to waters of the United States.

(3) For noncompliance conditions or unauthorized releases, the director or his designee shall have the authority to assess a fine of up to ten thousand dollars ($10,000) per occurrence. Civil penalties collected under this subsection shall be remitted to the county where the violation occurred for deposit in the county current expense fund.

(4) In any case in which the United States environmental protection agency initiates an enforcement action regarding an alleged violation of the clean water act related to a discharge of pollutants from a dairy farm to waters of the United States, any pending administrative or civil enforcement action initiated by the director relating to the same discharge shall be deemed void. If a compliance order addressing the alleged noncompliance has already been issued by the director, that order shall remain in full force and effect.

History:

[37-609, added 2016, ch. 129, sec. 18, p. 385.]
Idaho Code § 37-2744B — Idaho Code / Title 37 / Chapter 27 / Section 37-2744B
37-2744B AUTHORIZATION TO RECEIVE AND ADMINISTER FEDERAL FORFEITURES AND PRIVATE DONATIONS.
Status: in_force

ARTICLE V

37-2744B. Authorization to receive and administer federal forfeitures and private donations. The director of the Idaho state police is authorized to receive and dispose of any real or personal property which has been seized by a federal drug enforcement agency, or any donations from private citizens, the proceeds of which shall be placed in the drug and driving while under the influence enforcement donation fund created in section 57-816, Idaho Code.

History:

[(37-2744B) 1986, ch. 286, sec. 3, p. 718; am. and redesignated 1989, ch. 341, sec. 1, p. 862; am. 2000, ch. 469, sec. 90, p. 1544; am. 2010, ch. 79, sec. 13, p. 142.]
Idaho Code § 37-412 — Idaho Code / Title 37 / Chapter 4 / Section 37-412
37-412 STANDARDS FOR MILK HAULERS.
Status: in_force

37-412. Standards for milk haulers. The following standards are hereby adopted relating to milk haulers and to the operation of transportation tanks:

1. All milk haulers must possess a permit issued by the department of agriculture. All milk haulers shall be subject to such examination and abilities as the department of agriculture may prescribe by regulation in order to receive and retain such permit. The fee for the permit shall be twenty-five dollars ($25.00). The permit shall be valid for three (3) years and must be renewed by December 31 of the third year.

2. The milk line shall be passed through a special port opening through the milk house wall with care to prevent contact with the ground or floor of the milk house. The port opening shall be closed when not in use.

3. It shall be the responsibility of the milk hauler to assure that in the event the processor washes and sanitizes the truck the operation has been adequately performed, and that prior to use the tank truck has been properly sanitized. In the event it is the milk hauler's responsibility to sanitize the tank truck it shall be done with a chlorine solution of proper strength.

4. The milk hauler's hands shall be washed immediately before gauging the milk.

5. The milk shall be observed and checked for abnormalities or adulterations, and all abnormal or adulterated milk shall be rejected.

6. The milk volume in the farm tank shall be determined in a sanitary manner.

7. The milk in the farm tank shall be thoroughly agitated. Milk samples for analysis shall be taken in a sanitary manner into properly identified sterile containers. All sampling shall follow standard methods.

8. After the milk is pumped to the transportation tank the milk conductor tubing shall be capped and returned to the vehicle storage cabinet. Care shall be taken to prevent soiling of the milk line by contact with the milk house floor, operator's hands or the ground.

9. The milk hauler shall rinse the farm tank and accessories free of milk with clean water immediately after emptying.

10. The milk hauler shall be responsible for proper use of the transportation tank and accessories.

History:

[(37-412) I.C., sec. 37-411, as added by 1961, ch. 295, sec. 4, p. 522; am. 1986, ch. 101, sec. 6, p. 286; am. 1990, ch. 411, sec. 2, p. 1139.]
Idaho Code § 37-117A — Idaho Code / Title 37 / Chapter 1 / Section 37-117A
37-117A REPORTING AND DISCLOSURE REQUIREMENTS FOR EMPLOYMENT RELATED ADULTERATION OR MISAPPROPRIATION OF CERTAIN DRUGS.
Status: in_force

37-117A. Reporting and disclosure requirements for employment related adulteration or misappropriation of certain drugs. (1) When the employment of a health care provider has been terminated, either voluntarily or involuntarily, for adulteration or misappropriation of controlled substances, as defined in chapter 27, title 37, Idaho Code, the employer shall, within thirty (30) days of the termination, furnish written notice of the termination, described herein as "notice of termination," to the health care provider's professional licensing board of the state of Idaho, which shall include a description of the controlled substance adulteration or misappropriation involved in the termination. An employer who in good faith provides such information shall not be held civilly liable for the disclosure or the consequences of providing the information. There is a rebuttable presumption that an employer is acting in good faith when the employer provides such information. The presumption of good faith is overcome only upon showing by clear and convincing evidence that the employer disclosed the information with actual malice or with deliberate intent to mislead. For the purposes of this section, "actual malice" means knowledge that the information was false or given with reckless disregard of whether the information was false. For the purposes of this section, the term "health care provider" means any person licensed by a professional licensing board of the state of Idaho whose license permits the health care provider to dispense or administer controlled substances. For the purposes of this section, "employer" means a person or entity licensed under chapter 18, title 54, Idaho Code, or chapter 13, title 39, Idaho Code, who employs a health care provider or providers.

(2) A professional licensing board that receives a notice of termination from an employer pursuant to subsection (1) of this section shall maintain the notice of termination for the health care provider. The notice of termination shall be subject to disclosure in accordance with the provisions of subsection (3) of this section.

(3) Any prospective employer of a health care provider shall, before hiring such health care provider, request in writing that the health care provider's professional licensing board furnish the prospective employer any notice of termination maintained by the board with respect to the health care provider. The prospective employer shall maintain the confidentiality of such information and shall not disclose it to any other person or entity without the prior written approval of the health care provider or as required by law, court order or the rules of civil procedure. The professional licensing board shall require, as a condition of furnishing the notice of termination, that the prospective employer file a written request for the health care provider's notice of termination, stating under oath that the request for the notice of termination is made for a bona fide hiring purpose, that the request is made pursuant to the provisions of this section, and that the prospective employer will not disclose the information to any other person or entity without the prior written approval of the health care provider or as required by law, court order or rules of civil procedure. In the event that the prospective employer discloses the information in the notice of termination to any other person or entity in violation of the provisions of this section, and unless the disclosure is required by law, court order or the rules of civil procedure, the health care provider may pursue a civil cause of action against the prospective employer for a breach of the health care provider's right of privacy. Upon receipt of a request made in accordance with this section for a health care provider's notice of termination, the professional licensing board shall furnish the notice of termination to the prospective employer. The professional licensing board shall not be held liable for the correctness or completeness of the information contained in the notice of termination and shall include a disclaimer statement on all released information, attesting that the information has not been verified by the professional licensing board. An employer who obtains a notice of termination from the appropriate professional licensing board as provided in this section shall not be held civilly liable for hiring or contracting with a health care provider who the employer in good faith believes has been rehabilitated from drug abuse, absent the employer's gross negligence or reckless conduct.

(4) Notices of termination submitted hereunder shall be maintained and available to employers as set forth above for fifteen (15) years from the date of receipt by the professional licensing board.

History:

[37-117A, added 2004, ch. 333, sec. 1, p. 993.]
Idaho Code § 37-1502 — Idaho Code / Title 37 / Chapter 15 / Section 37-1502
37-1502 SALE WHEN UNFIT FOR HUMAN FOOD UNLAWFUL.
Status: in_force

37-1502. Sale when unfit for human food unlawful. It shall be unlawful for any person to sell, offer or expose for sale, in this state, any eggs or egg products unfit for human food; and for the purpose of this act, an egg shall be deemed unfit for human food when it is addled, putrid, rotten, in whole or in part; when the yolk is stuck to the shell; the inside contains molds, black spots or black rot, heavy blood spots or rings or bloody whites, or an incubated egg as defined in this act; or any material of an unwholesome nature; and egg products shall be deemed unfit for human food when manufactured from eggs unfit for human food.

History:

[37-1502, added 1939, ch. 218, sec. 2, p. 460.]
Idaho Code § 37-302 — Idaho Code / Title 37 / Chapter 3 / Section 37-302
37-302 INSPECTIONS.
Status: in_force

37-302. inspections. (1) It shall be the duty of the director of the department of agriculture to cause to be visited as frequently as it may deem necessary all dairies supplying dealers and consumers with milk, and inspect the same to ascertain and certify sanitary conditions and milk quality. A copy of the inspection report shall be left with the owner and such information given as will assist the producer to improve the sanitary conditions or remedy such defects as the inspection report indicates. A copy of the inspection report shall be kept on file in the office of the director.

(2) The director of the department of agriculture is hereby authorized and directed to designate any agent to inspect, examine and test any or all dairy products in accordance with rules as the department may prescribe; and to ascertain and certify the grade, classification, quality or sanitary condition thereof and other pertinent facts as the department may require. The director or agent of the department of agriculture of the state of Idaho shall make sanitary inspection of milk, cream, butter and dairy products of any kind whatsoever, intended for human consumption, and of containers, utensils, equipment, buildings, premises or anything whatsoever employed in the production, handling, storing, processing or manufacturing of dairy products or that would affect the purity of the products. Inspections, examinations and tests shall be made to meet the requirements of the laws of the state and of the United States for the sale of the products or their transportation in both intrastate and interstate commerce. Any agent designated by the director to make inspections shall have the right for that purpose to enter any premises and buildings where milk, cream, butter or dairy products shall be produced, stored, processed or manufactured.

(3) Whenever an inspection of any dairy product is made by the department of agriculture, or whenever permanent or temporary inspectors or employees are used by the department for the purpose of enforcing or promulgating an inspection or sanitary program for any dairy product, the department is authorized to fix, assess and collect or cause to be collected from the dairy processors, fees or assessments for services when they are performed by employees or agents of the department, the fees to be on a uniform basis in an amount reasonably necessary to cover the cost of such inspection and the administration of the department of agriculture dairy inspection program; provided however, that the department shall so adjust the fees to be collected under this section as to meet the expenses necessary for this inspection service only, all of the fees to be used for this purpose alone; and provided further, that in no event shall the fees or assessments exceed four (4) mills per pound of butterfat produced by any dairyman in Idaho or received by processors. All such fees and moneys collected or received by the department, its employees or agents under this act shall be deposited in the dairy industry and inspection fund, which fund is hereby created. All moneys coming into the fund are hereby appropriated to the department of agriculture to be used in the inspection required by law to be made of the dairy industry and dairy products. The fees and assessments accrued in any given month are due and payable no later than the twentieth day of the following month.

History:

[37-302, as reen. 1967, ch. 54, sec. 2, p. 104; am. 1974, ch. 23, sec. 24, p. 633; am. 1992, ch. 93, sec. 1, p. 295; am. 2014, ch. 275, sec. 2, p. 685.]
Idaho Code § 37-2508 — Idaho Code / Title 37 / Chapter 25 / Section 37-2508
37-2508 CHEMIST AS WITNESS.
Status: in_force

37-2508. Chemist as witness. In all prosecutions arising under this chapter the certificate of any chemist from a qualified testing laboratory as approved by the department of agriculture, when duly sworn to by such officer shall be prima facie evidence of the fact or facts therein certified, or in case it is necessary for such chemist to appear as a witness in court, the judge of the district court wherein such trial shall be held, shall issue a subpoena for his attendance at the trial and it shall be the duty of such chemist to obey such subpoena, and all his actual and necessary expenses shall be paid by the county wherein such trial is held in the same manner that county officers are paid and, in case of conviction, shall be charged to the defendant as part of the costs of prosecution.

History:

[(37-2508) 1917, ch. 124, sec. 8, p. 413; reen. C.L. 65:123; C.S., sec. 1790; I.C.A., sec. 36-1608; am. 1974, ch. 18, sec. 215, p. 364; am. 1990, ch. 379, sec. 1, p. 1053.]
Idaho Code § 37-1528 — Idaho Code / Title 37 / Chapter 15 / Section 37-1528
37-1528 DUTY TO PROSECUTE.
Status: in_force

37-1528. Duty to prosecute. It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction.

History:

[37-1528, added 1963, ch. 143, sec. 10, p. 406.]
Idaho Code § 37-2720 — Idaho Code / Title 37 / Chapter 27 / Section 37-2720
37-2720 RECORDS — DRUG STORAGE — INVENTORY.
Status: in_force

ARTICLE III

37-2720. Records — drug storage — inventory. Persons registered under this chapter shall keep records, store controlled substances and maintain inventories in conformance with the recordkeeping, storage and inventory requirements of state and federal law.

History:

[37-2720, added 1971, ch. 215, sec. 1, p. 939; am. 2015, ch. 25, sec. 6, p. 38; am. 2016, ch. 74, sec. 1, p. 252; am. 2026, ch. 90, sec. 10, p. 498.]
Idaho Code § 37-310 — Idaho Code / Title 37 / Chapter 3 / Section 37-310
37-310 STANDARDS FOR QUALITY CONTROL OF MILK SAMPLES.
Status: in_force

37-310. Standards for quality control of milk samples. The following standards are hereby adopted relating to quality control of milk samples taken from tanks:

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

(2) 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, thirty-two (32) to forty (40) degrees Fahrenheit.

(3) 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.

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

History:

[37-310, added 2014, ch. 275, sec. 13, p. 690.]
Idaho Code § 37-606 — Idaho Code / Title 37 / Chapter 6 / Section 37-606
37-606 DAIRY NUTRIENT MANAGEMENT PLAN.
Status: in_force

37-606. dairy Nutrient management plan. (1) Each dairy farm shall have a dairy nutrient management plan that is approved by the department and included in the dairy farm's environmental management plan. The dairy nutrient management plan shall be implemented by the dairy farm and enforced by the department 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) The nutrient management plan shall cover the dairy farm site and other land owned and operated by the dairy farm owner or operator to which dairy by-products may be applied. The nutrient management standard shall provide dairy farms with the option of a phosphorous-indexing or phosphorous threshold standard for nutrient management plan implementation.

(3) Nutrient management plans submitted to the department by the dairy farm shall identify each recipient to whom dairy by-products are exported, the amount exported to each recipient, and the number of acres to which they are applied by each recipient. The information provided pursuant to this subsection shall be available to the county in which the dairy farm is located. Only the first recipient of manure compost must be listed in the nutrient management plan.

History:

[37-606, added 2014, ch. 284, sec. 1, p. 722; am. 2015, ch. 141, sec. 79, p. 438; am. 2016, ch. 129, sec. 12, p. 383; am. 2021, ch. 64, sec. 1, p. 196.]
Idaho Code § 37-2511 — Idaho Code / Title 37 / Chapter 25 / Section 37-2511
37-2511 PERSON DEFINED.
Status: in_force

37-2511. Person defined. The word "person," as used in this chapter shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies and associations. When construing and enforcing the provisions of this chapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society or association as well as that of the person.

History:

[(37-2511) 1917, ch. 124, sec. 11, p. 413; reen. C.L. 65:126; C.S., sec. 1793; I.C.A., sec. 36-1611.]
Idaho Code § 37-2717 — Idaho Code / Title 37 / Chapter 27 / Section 37-2717
37-2717 REGISTRATION.
Status: in_force

ARTICLE III

37-2717. Registration. The board shall register an applicant to manufacture, prescribe, administer, dispense, distribute or conduct research with controlled substances included in sections 37-2705, 37-2707, 37-2709, 37-2711 and 37-2713, Idaho Code, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:

(a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;

(b) Compliance with applicable state and local law;

(c) Any convictions of the applicant under any federal and state laws relating to any controlled substance;

(d) Experience in the manufacture, dispensing, prescribing, administering, research or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversions;

(e) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;

(f) Restriction, suspension or revocation of the applicant's federal registration; and

(g) Any other factors relevant to and consistent with the public health and safety.

History:

[37-2717, added 1971, ch. 215, sec. 1, p. 939; am. 2015, ch. 25, sec. 3, p. 36; am. 2026, ch. 90, sec. 7, p. 496.]
Idaho Code § 37-602 — Idaho Code / Title 37 / Chapter 6 / Section 37-602
37-602 LEGISLATIVE FINDINGS AND PURPOSE.
Status: in_force

37-602. legislative findings and purpose. (1) The legislature finds that:

(a) The water resources of the state are among the state's most valuable natural resources;

(b) Maintaining an ecologically sound and economically viable dairy industry in this state is vital to the Idaho economy;

(c) Dairy environmental management systems that are constructed, operated and maintained in accordance with plans that are approved by the department of agriculture are an effective means of protecting the state's water resources and providing valuable resources for crop production and other uses;

(d) The department's authority to review, approve and enforce dairy environmental management plans should be consistent and coordinated with the department of environmental quality's authorities pursuant to title 39, Idaho Code, to protect state ground and surface waters and to obtain approval from the United States environmental protection agency to implement and administer an Idaho NPDES program governing the discharge of pollutants to the waters of the United States as defined in the federal clean water act;

(e) The state should encourage and promote performance and innovation in the design, construction, operation and maintenance of dairy environmental management systems; and

(f) Adequate funding from the legislature for the department of agriculture is necessary to meet the requirements and accomplish the purposes of this chapter.

(2) Therefore, the purpose of this chapter is to authorize the department of agriculture to review, approve and enforce dairy environmental management plans to ensure that dairy environmental management systems are constructed, operated and maintained in a manner that protects the natural resources of the state.

History:

[37-602, added 2016, ch. 129, sec. 7, p. 379.]
Idaho Code § 37-2719 — Idaho Code / Title 37 / Chapter 27 / Section 37-2719
37-2719 ORDER TO SHOW CAUSE.
Status: in_force

ARTICLE III

37-2719. Order to show cause. (a) Except as set forth in section 37-2718(g), Idaho Code, before denying, restricting, suspending or revoking a registration, or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why the registration should not be restricted, denied, revoked, or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis for discipline and shall call upon the applicant or registrant to appear before the board at a time and place not less than thirty (30) days after the date of service of the order, but in the case of an anticipated denial of renewal of registration the show cause order shall be served not later than thirty (30) days before the expiration of the registration. These proceedings shall be conducted in accordance with chapter 52, title 67, Idaho Code, without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.

(b) The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under section 37-2718, Idaho Code, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.

(c) In conjunction with a proceeding for denying, restricting, suspending or revoking a registration, or refusing a renewal of registration, and upon a finding of grounds for such denial, restriction, suspension, revocation or refusal to renew, the board may also impose a reasonable administrative fine not to exceed two thousand dollars ($2,000) per occurrence and additionally may include forfeiture of illicit profits and the costs of prosecution and administrative costs of bringing the action including, but not limited to, attorney's fees and costs and costs of hearing transcripts.

History:

[37-2719, added 1971, ch. 215, sec. 1, p. 939; am. 2001, ch. 211, sec. 2, p. 836; am. 2015, ch. 25, sec. 5, p. 38; am. 2026, ch. 90, sec. 9, p. 497.]
Idaho Code § 37-207 — Idaho Code / Title 37 / Chapter 2 / Section 37-207
37-207 ANIMALS SHARES.
Status: in_force

37-207. Animals shares. (1) The acquisition of meat from animals by an informed end consumer shall not constitute the sale of meat products and shall not be prohibited if:

(a) The meat is delivered pursuant to an animal share and is received by the consumer from the producer within the state of Idaho;

(b) Ownership interest of each animal is established prior to slaughter;

(c) The slaughter is conducted pursuant to section 25-1120, Idaho Code, if applicable; and

(d) The producer or designated agent affixes a label to the meat packaging that states "not for sale."

(2) An animal share may be created in any size or portion as agreed on by the producer and the informed end consumer.

(a) Multiple informed end consumers may hold ownership interests in the same animal or herd.

(b) Nothing in this section shall be construed to require an ownership interest to be limited to a fixed amount of meat products.

(3) A person who obtains meat pursuant to an animal share shall not sell, donate, or commercially redistribute the meat.

History:

[37-207, added 2026, ch. 91, sec. 1, p. 505.]
Idaho Code § 37-604 — Idaho Code / Title 37 / Chapter 6 / Section 37-604
37-604 DEFINITIONS.
Status: in_force

37-604. Definitions. When used in this chapter:

(1) "Agricultural stormwater discharge" means a precipitation-related discharge of dairy byproducts from land areas under the control of a dairy farm where the dairy byproducts have been land applied in accordance with an approved nutrient management plan.

(2) "Best management practice" means a practice, technique or measure that is determined to be a reasonable precaution, a cost-effective and practicable means of preventing or reducing the discharge of pollutants from a point source or a nonpoint source to a level compatible with environmental goals, including water quality goals and standards.

(3) "Certified planner" means a person who has completed nutrient management certification in accordance with the nutrient management standard and is approved by the department.

(4) "Dairy byproduct" means solids and liquids associated with dairy animal rearing and milk production including, but not limited to: manure, manure compost, process water, bedding, spilled feed and feed leachate, and livestock carcasses or parts thereof.

(5) "Dairy farm" means land owned or operated by a department-permitted grade A or manufacture grade facility where one (1) or more milking cows, sheep or goats are kept, and from which all or a portion of the milk produced thereon is delivered, sold or offered for sale for human consumption.

(6) "Dairy environmental management plan" means a plan for managing a dairy environmental management system. The dairy environmental management plan shall consist of dairy storage and containment facilities criteria and a dairy nutrient management plan that are approved by the director.

(7) "Dairy environmental management system" means the areas and structures within a dairy farm where dairy byproducts are collected, stored, treated or applied to land. These areas and structures may include corrals, feeding areas, collection systems, conveyance systems, storage ponds, treatment lagoons, evaporative ponds and land application areas.

(8) "Dairy nutrient management plan" means a plan prepared in conformance with the nutrient management standard for managing the land application of dairy byproducts that is prepared by a certified planner and approved by the department.

(9) "Dairy storage and containment facilities" means the areas and structures within a dairy farm where dairy byproducts are collected, stored or treated in conformance 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 (ASABE), or other equally protective criteria approved by the director. These areas may include corrals, feeding areas, collection systems, conveyance systems, storage ponds, treatment lagoons, evaporative ponds and compost areas.

(10) "Department" means the Idaho department of agriculture.

(11) "Director" means the director of the Idaho department of agriculture or his designee.

(12) "Export" means the delivery of dairy byproducts from a dairy farm to a third party for the third party's use.

(13) "Land application" means spreading on, or incorporating into the soil mantle, dairy byproducts as a soil amendment for agricultural use of nutrients and for other beneficial purposes.

(14) "Modification" or "modified" means structural changes and alterations to a dairy storage and containment facility that would require increased storage or containment capacity or alter the function of the waste system.

(15) "National pollutant discharge elimination system" (NPDES) means the point source permitting program established pursuant to section 402 of the federal clean water act.

(16) "Noncompliance" means a practice or condition that does not meet the requirements of a dairy environmental management plan. Noncompliance does not include an upset condition.

(17) "Nutrient management standard" means criteria for managing the land application of nutrients and soil amendments published in the United States department of agriculture, natural resources conservation service, conservation practice standard, nutrient management code 590, or other equally protective criteria approved by the director.

(18) "Person" means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity that is recognized by law as the subject of rights and duties.

(19) "Process water" means water directly or indirectly used or produced in dairy animal rearing, milk production and environmental management processes including, but not limited to: excess milk; spillage or overflow from watering, washing, spraying or cooling dairy animals; water containing dairy manure; water used in washing, cleaning, or flushing barns, manure pits and other areas involved in the milk production and environmental management processes; water used for dust control; and water that comes into contact with any raw materials, products, or byproducts of the dairy production and environmental management processes.

(20) "Unauthorized discharge" means a discharge of pollutants from a dairy farm to waters of the United States as defined in the federal clean water act that is required to be but is not authorized by an NPDES permit. For purposes of the department's authorities under this chapter, unauthorized discharge shall not include an upset condition or agricultural stormwater discharge.

(21) "Unauthorized release" means a release of dairy byproducts to ground water or surface waters of the state that are not waters of the United States or beyond land owned or operated by the dairy farm that results from a dairy farm's failure to comply with its environmental management plan. Unauthorized release shall not include an upset condition, an agricultural stormwater discharge or infiltration from storage and containment facilities that is within engineering standards and specifications published by the United States department of agriculture natural resources conservation service or by the ASABE, or other equally protective criteria approved by the director.

(22) "Upset condition" means precipitation, earthquake, vandalism or other occurrence beyond the control of the dairy farm owner or operator that exceeds criteria for storage and containment facilities and nutrient management in an approved environmental management plan.

History:

[37-604, added 2014, ch. 284, sec. 1, p. 721; am. 2016, ch. 129, sec. 9, p. 381.]
Idaho Code § 37-314 — Idaho Code / Title 37 / Chapter 3 / Section 37-314
37-314 IMPROPERLY GRADED BUTTER.
Status: in_force

37-314. Improperly graded butter. Butter that fails to meet the grade labeled on the butter container may be rejected. Butter that has been rejected due to failure to meet the standard may be relabeled, regraded or reprocessed if authorized by the department of agriculture.

History:

[(37-314) 37-332b, added 1955, ch. 258, sec. 2, p. 598; am. 1959, ch. 54, sec. 2, p. 112; am. and redesig. 2014, ch. 275, sec. 26, p. 692.]
Idaho Code § 37-504 — Idaho Code / Title 37 / Chapter 5 / Section 37-504
37-504 LICENSES — DURATION AND REVOCATION.
Status: in_force

37-504. Licenses — Duration and revocation. Licenses shall be issued by the department for the period of one (1) year, fees for which shall be prorated for the appropriate number of months until renewal, and shall expire on December thirty-first of each year issued, and may be revoked by the department after a hearing on ten (10) days' notice to the licensee, if such licensee shall fail to comply with the provisions of this act. No such license shall be issued, and if issued may be revoked, in the following cases:

(1) If there shall be permitted to exist any other cause or thing calculated or tending to render the milk or cream, or any product thereof, used or produced in such manufacturing or processing operations, unclean, impure and unhealthy.

(2) If the licensee does not meet rules adopted by the department of agriculture for the processing of grade A and manufacturing grade milk and milk products.

History:

[(37-504) 1925, ch. 224, sec. 9, p. 435; I.C.A., sec. 36-704; am. 1937, ch. 147, sec. 2, p. 240; am. 2011, ch. 115, sec. 3, p. 316.]
Idaho Code § 37-2732D — Idaho Code / Title 37 / Chapter 27 / Section 37-2732D
37-2732D TRAFFICKING IN FENTANYL — MANDATORY SENTENCES.
Status: in_force

ARTICLE IV

37-2732D. Trafficking in fentanyl — Mandatory sentences. (a) Except as authorized in this chapter, and notwithstanding the provisions of section 37-2732, Idaho Code, any person who knowingly manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four (4) grams or more of: alfentanil, as described in section 37-2707(c), Idaho Code; carfentanil, as described in section 37-2707(c), Idaho Code; fentanyl, as described in section 37-2707(c), Idaho Code; norfentanyl, as described in section 37-2707(c), Idaho Code; remifentanil, as described in section 37-2707(c), Idaho Code; sufentanil, as described in section 37-2707(c), Idaho Code; fentanyl-related substances, as described in section 37-2705(b), Idaho Code; or any mixture or substance containing a detectable amount of any such substance is guilty of a felony, which felony shall be known as "trafficking in fentanyl." If the quantity involved:

(1) Is four (4) grams or more but less than fourteen (14) grams, or if such substances are in pill form, consist of one hundred (100) pills or more but fewer than two hundred fifty (250) pills, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of three (3) years and fined not less than ten thousand dollars ($10,000);

(2) Is fourteen (14) grams or more but less than twenty-eight (28) grams, or if such substances are in pill form, consist of two hundred fifty (250) pills or more but fewer than five hundred (500) pills, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and fined not less than fifteen thousand dollars ($15,000);

(3) Is twenty-eight (28) grams or more, or if such substances are in pill form, consist of five hundred (500) pills or more, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of ten (10) years and fined not less than twenty-five thousand dollars ($25,000).

(4) The maximum number of years of imprisonment for trafficking in fentanyl shall be life, and the maximum fine shall be one hundred thousand dollars ($100,000).

(b) A second conviction for the offense of trafficking in fentanyl as defined in this section shall result in a mandatory minimum fixed term that is twice that otherwise required under this section.

(c) Notwithstanding any other provision of law, with respect to any person who is found to have violated the provisions of this section, adjudication of guilt or the imposition or execution of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum fixed term of imprisonment prescribed in this section. Further, the court shall not retain jurisdiction.

(d) Any person who agrees, conspires, combines, or confederates with another person or solicits another person to commit an act prohibited in subsection (a) of this section is guilty of a felony and is punishable as if he had actually committed such prohibited act.

(e) For the purposes of subsection (a) of this section, the weight or number of pills of the controlled substance as represented by the person selling or delivering it is determinative if the weight or number of pills as represented is greater than the actual weight or number of pills of the controlled substance.

History:

[37-2732D, added 2024, ch. 4, sec. 2, p. 14.]
Idaho Code § 37-2737A — Idaho Code / Title 37 / Chapter 27 / Section 37-2737A
37-2737A MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN ARE PRESENT.
Status: in_force

ARTICLE IV

37-2737A. Manufacture or delivery of controlled substance where children are present. (1) Except as authorized in this chapter, it is unlawful for any person to manufacture or deliver, or possess with the intent to manufacture or deliver, a controlled substance as defined in schedules I, II, III and IV in this chapter, upon the same premises where a child under the age of eighteen (18) years is present.

(2) As used in this section, "premises" means any:

(a) Motor vehicle or vessel;

(b) Dwelling or rental unit including, but not limited to, apartment, townhouse, condominium, mobile home, manufactured home, motel room or hotel room;

(c) Dwelling house, its curtilage and any other outbuildings.

(3) Except as provided in subsection (4) of this section, a person who violates the provisions of this section shall be guilty of a felony and upon conviction may be imprisoned for a term not to exceed five (5) years, fined not more than five thousand dollars ($5,000), or be both so imprisoned and fined.

(4) A person who violates the provisions of this section by manufacturing or delivering, or possessing with the intent to manufacture or deliver, methamphetamine or amphetamine in quantities as specified in section 37-2732B(a)(4), Idaho Code, shall be guilty of a felony and upon conviction may be imprisoned for a term of up to ten (10) years, fined not more than twenty-five thousand dollars ($25,000), or be both so imprisoned and fined.

(5) Any fine imposed under the provisions of this section shall be in addition to the fine imposed for any other offense, and any term of imprisonment shall be consecutive to any term imposed for any other offense, regardless of whether the violation of the provisions of this section and any of the other offenses have arisen from the same act or transaction.

History:

[37-2737A, added 1991, ch. 275, sec. 1, p. 712; am. 2006, ch. 76, sec. 1, p. 234.]
Idaho Code § 37-303 — Idaho Code / Title 37 / Chapter 3 / Section 37-303
37-303 STANDARDS AND RULES.
Status: in_force

37-303. standards and rules. (1) The director of the department of agriculture is hereby authorized to promulgate and enforce reasonable rules as may be necessary or desirable to establish standards and to carry out its functions and the intent and purposes of this chapter.

(2) All milk or cream utilized in the manufacture of dairy products and all manufactured dairy products produced, distributed, offered for sale, or sold in Idaho shall meet the requirements established by this chapter, of federal law, and rules or regulations promulgated or adopted pursuant to state or federal law.

(3) The following standards concerning the sanitation of milk and cream are hereby established:

(a) The term "processor" means any individual, partnership, association or corporation doing business in the state of Idaho that produces, purchases, obtains or uses in the state of Idaho any milk or cream for use in the manufacture of butter, cheese, evaporated milk, frozen desserts, frozen novelties, edible dry milk or other dairy products. The term "processor" shall not include any individual, partnership, association or corporation that produces, purchases, obtains or uses milk or cream for his or its own consumption. The term "producer" means any person, firm or corporation who owns or controls one (1) or more cows, goats, sheep or water buffalo, a part or all of the milk from which is sold or offered for sale to a processor.

(b) No processor shall purchase or obtain in any manner, or use in any manner, for the sale or manufacture of any dairy products as provided in paragraph (a) of this subsection, any unacceptable milk or cream as herein defined.

(c) The processor shall, for the purpose of determining the acceptability or unacceptability of milk or cream, cause all milk or cream to be tested and graded according to the standards herein defined before purchase, acquisition or use in any manner. Provided however, that where the processor customarily purchases the milk or cream of any person regularly engaged in the production thereof, the processor is required to test milk and cream of such producer not less than once each month by the approved bacteria tests and approved mastitic tests, or other tests as may be prescribed by the director of the department of agriculture. When milk or cream from any producer is found unacceptable as a result of required testing, the processor shall thereafter test the milk or cream of the producer daily by the same test until it is found to be acceptable. Each processor shall retain for at least one (1) year at the place where milk or cream is received, a record of such tests in the form and of the content that shall be prescribed by the department of agriculture and shall exhibit the record at the place where the same is kept whenever requested to do so by the producer or the department and shall permit copies thereof to be taken.

(d) Milk and dairy product quality standards and standards of identity will be established by rules promulgated by the department.

(e) Any milk, cream or dairy product that is unclean, unwholesome or unfit for human consumption, as determined by the department, shall be rejected as unacceptable.

History:

[37-303, added 2014, ch. 275, sec. 3, p. 686.]
Idaho Code § 37-2742 — Idaho Code / Title 37 / Chapter 27 / Section 37-2742
37-2742 INJUNCTIONS.
Status: in_force

ARTICLE V

37-2742. Injunctions. (a) The district courts have jurisdiction to restrain or enjoin violations of this act.

(b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.

History:

[I.C., sec. 37-2742, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-407 — Idaho Code / Title 37 / Chapter 4 / Section 37-407
37-407 FEES AND ASSESSMENTS TO BE COLLECTED FROM DAIRY PROCESSORS.
Status: in_force

37-407. Fees and assessments to be collected from dairy processors. Whenever an inspection of any dairy product is made by the department of agriculture, or whenever permanent or temporary inspectors or employees are used by said department for the purpose of enforcing or promulgating an inspection or sanitary program for any dairy product, the department is authorized to fix, assess and collect or cause to be collected from the dairy processors, fees or assessments for such services when they are performed by such employees or agents of the department, such fees to be on a uniform basis in an amount reasonably necessary to cover the cost of such inspection and the administration of the department of agriculture dairy inspection program; provided, however, that the department shall so adjust the fees to be collected under this section as to meet the expenses necessary for this inspection service only, all of said fees to be used for this purpose alone; and provided further, that in no event shall the fees or assessments exceed four (4) mills per pound of butterfat produced by any dairyman in Idaho or received by processors. All such fees and moneys collected or received by the department, its employees or agents under this act shall be deposited in the "dairy industry and inspection account" which account is hereby created. All moneys coming into said account are hereby appropriated to the department of agriculture to be used in the inspection required by law to be made of the dairy industry and dairy products. The fees and assessments accrued in any given month are due and payable no later than the twentieth day of the following month.

History:

[37-407, added 1943, ch. 85, sec. 7, p. 171; am. 1950 (E.S.), ch. 76, sec. 1, p. 101; am. 1951, ch. 240, sec. 2, p. 498; am. 1967, ch. 66, sec. 1, p. 148; am. 1970, ch. 98, sec. 2, p. 245; am. 1982, ch. 22, sec. 1, p. 26; am. 1995, ch. 78, sec. 1, p. 208.]
Idaho Code § 37-133 — Idaho Code / Title 37 / Chapter 1 / Section 37-133
37-133 INSPECTION OF ESTABLISHMENTS — EXAMINATION OF SPECIMENS — REPORTS — RECEIPT FOR SAMPLES.
Status: in_force

37-133. Inspection of establishments — Examination of specimens — Reports — Receipt for samples. (a) The director or his duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or food establishment, as that term is defined in section 39-1602, Idaho Code, in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold such foods, drugs, devices, or cosmetics in commerce, for the purposes of:

(1) Inspecting such factory, warehouse, food establishment, or vehicle to determine if any of the provisions of this act are being violated; and

(2) Securing samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for such sample.

(b) It shall be the duty of the director to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this act is being violated.

(c) Upon the completion of any inspection of a factory, warehouse, or other establishment and prior to leaving the premises, the director or his duly authorized agent making the inspection shall give to the owner, operator, or agent in charge, a report in writing setting forth any condition or practice observed by him which in his judgment indicates that any food, drug, device, or cosmetic in the establishment consists of, in whole or in part, any filthy, putrid, or decomposed substances, or has been prepared, packed, or held in unsanitary condition whereby it may have become contaminated with filth or whereby it may be rendered injurious to health.

(d) If the director or his duly authorized agent making any such inspection of any warehouse, factory, or other establishment has obtained any samples in the process of the inspection, upon completion of the inspection and prior to his leaving the premises, he shall give to the owner, operator, or agent in charge, a receipt describing the samples obtained.

(e) Whenever in the course of any such inspection of the factory, or other establishment where food is manufactured, processed, or packed, the director or his duly authorized agent making the inspection obtains a sample of any such food and if analysis is made of such sample for the purpose of determining whether such food consists of, in whole or in part, any filthy, putrid, or decomposed substance, or is otherwise unfit for food, a copy of the results of such analysis shall be sent promptly to the owner, operator, or agent in charge.

History:

[37-133, added 1959, ch. 153, sec. 21, p. 351; am. 1974, ch. 23, sec. 22, p. 633; am. 2026, ch. 91, sec. 6, p. 510.]
Idaho Code § 37-2739A — Idaho Code / Title 37 / Chapter 27 / Section 37-2739A
37-2739A MANDATORY MINIMUM PENALTY.
Status: in_force

ARTICLE IV

37-2739A. Mandatory minimum penalty. Any person who is convicted of violating the felony provisions of section 37-2732(a), Idaho Code, by distributing controlled substances to another person, who is not subject to a fixed minimum term under section 37-2739B, Idaho Code, and who has previously been convicted within the past ten (10) years in a court of the United States, any state or a political subdivision of one or more felony offenses of dealing, selling or trafficking in controlled substances on an occasion or occasions different from the felony violation of section 37-2732(a), Idaho Code, and which offense or offenses were punishable in such court by imprisonment in excess of one (1) year, shall be sentenced to the custody of the state board of correction for a mandatory minimum period of time of not less than three (3) years or for such greater period as the court may impose up to a maximum of life imprisonment. The mandatory minimum period of three (3) years incarceration shall not be reduced and shall run consecutively to any other sentence imposed by the court.

History:

[37-2739A, added 1981, ch. 88, sec. 1, p. 122; am. 1990, ch. 268, sec. 4, p. 757.]
Idaho Code § 37-2748 — Idaho Code / Title 37 / Chapter 27 / Section 37-2748
37-2748 PENDING PROCEEDINGS.
Status: in_force

ARTICLE VI

37-2748. Pending proceedings. (a) Prosecution for any violation of law occurring prior to the effective date of this act is not affected or abated by this act. If the offense being prosecuted is similar to one set out in article IV of this act, then the penalties under article IV apply if they are less than those under prior law.

(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of this act are not affected by this act.

(c) All administrative proceedings pending under prior laws which are superseded by this act shall be continued and brought to a final determination in accord with the laws and rules in effect prior to the effective date of this act. Any substance controlled under prior law which is not listed within schedules I through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule.

(d) The board shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substance prior to the effective date of this act and who are registered or licensed by the state.

(e) This act applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following its effective date.

History:

[I.C., sec. 37-2748, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-2734 — Idaho Code / Title 37 / Chapter 27 / Section 37-2734
37-2734 PROHIBITED ACTS C — PENALTIES.
Status: in_force

ARTICLE IV

37-2734. Prohibited acts C — Penalties. (a) It is unlawful for any person knowingly or intentionally:

(1) To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to the requirements of section 37-2722, Idaho Code;

(2) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;

(3) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge;

(4) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this act, or any record required to be kept by this act; or

(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.

(b) Any person who violates this section is guilty of a felony and upon conviction may be imprisoned for not more than four (4) years, or fined not more than thirty thousand dollars ($30,000), or both.

History:

[37-2734, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 7, p. 261; am. 1972, ch. 409, sec. 3, p. 1195; am. 2018, ch. 36, sec. 10, p. 75.]
Idaho Code § 37-2503 — Idaho Code / Title 37 / Chapter 25 / Section 37-2503
37-2503 RIGHT OF ACCESS FOR INSPECTION — PENALTY FOR OBSTRUCTING ENTRY OR INSPECTION.
Status: in_force

37-2503. Right of access for inspection — Penalty for obstructing entry or inspection. For obtaining information regarding the suspected violation of this chapter, the department of agriculture shall have access to all places where the above-named articles are sold, offered for sale or kept for sale, manufactured or transported, or stored, and may take samples therefrom for analysis, tendering payment therefor. Any person obstructing such entry or inspection, or failing upon request to assist therein shall be guilty of a misdemeanor and shall be punished as provided in section 37-2501, Idaho Code.

History:

[(37-2503) 1917, ch. 124, sec. 4, p. 412; reen. C.L. 65:118; C.S., sec. 1785; I.C.A., sec. 36-1603; am. 1939, ch. 96, sec. 2, p. 162; am. 1974, ch. 18, sec. 212, p. 364.]
Idaho Code § 37-1524 — Idaho Code / Title 37 / Chapter 15 / Section 37-1524
37-1524 STATEMENTS ON CONTAINER.
Status: in_force

37-1524. Statements on container. (a) Each carton or other container in which eggs are being sold or offered for sale by a distributor, egg handler or dealer in the state of Idaho shall bear:

(1) A legible statement of the grade and size of eggs.

(2) A legible statement of the name and address of the distributor by or for whom the eggs were graded and candled.

(b) The words "fresh," "country," "hennery," "ranch" or words of similar import shall not be deemed a substitute for official grade designation. Each advertisement of eggs for sale by a dealer shall plainly and conspicuously indicate the official grade and size thereof.

History:

[37-1524, added 1963, ch. 143, sec. 6, p. 406; am. 1974, ch. 18, sec. 177, p. 364; am. 1975, ch. 175, sec. 4, p. 477.]
Idaho Code § 37-2507 — Idaho Code / Title 37 / Chapter 25 / Section 37-2507
37-2507 ANALYSIS BY CHEMIST.
Status: in_force

37-2507. Analysis by chemist. The department of agriculture is directed to make, or accomplish by contract with qualified laboratories, all analyses and tests of articles inspected in this chapter and to employ, in such analyses and tests, the standard methods of analysis which have been or shall be adopted by the American Society for Testing and Materials or other standard methods of analysis adopted as standard by an Idaho governmental agency when analyzing or testing products for such agency's use.

History:

[(37-2507) 1917, ch. 124, sec. 7, p. 412; reen. C.L. 65:122; C.S., sec. 1789; I.C.A., sec. 36-1607; am. 1939, ch. 96, sec. 3, p. 162; am. 1967, ch. 150, sec. 5, p. 338; am. 1974, ch. 18, sec. 214, p. 364.]
Idaho Code § 37-2810 — Idaho Code / Title 37 / Chapter 28 / Section 37-2810
37-2810 AUTHORITY OF THE ATTORNEY GENERAL.
Status: in_force

37-2810. Authority of the attorney general. With respect to property ordered forfeited under this chapter, the attorney general or appropriate prosecuting attorney is authorized to:

(1) Restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this chapter;

(2) Compromise claims arising under this chapter;

(3) Award compensation to persons providing information resulting in a forfeiture under this chapter; and

(4) Take appropriate measures necessary to safeguard and maintain property ordered forfeited under this chapter pending its disposition.

History:

[37-2810, added 1996, ch. 230, sec. 1, p. 755.]
Idaho Code § 37-2732C — Idaho Code / Title 37 / Chapter 27 / Section 37-2732C
37-2732C USING OR BEING UNDER THE INFLUENCE — PENALTIES.
Status: in_force

ARTICLE IV

37-2732C. Using or being under the influence — Penalties. (a) Except as authorized in this chapter, it is unlawful for any person on a public roadway, on a public conveyance, on public property or on private property open to the public, to use or be under the influence of any controlled substance specified in subsection (b), (c), (d), (e) and (f) of section 37-2705, Idaho Code, or subsection (b), (c) and (d) of section 37-2707, Idaho Code, or subsection (c)(6) of section 37-2709, Idaho Code, or any narcotic drug classified in schedule III, IV or V, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. It shall be the burden of the defense to show that it comes within this exception.

(b) Any person convicted of violating the provisions of subsection (a) of this section is guilty of a misdemeanor and is punishable by imprisonment in a county jail for not more than six (6) months, or by a fine not exceeding one thousand dollars ($1,000) or by both.

(c) Any person who is convicted of violating subsection (a) of this section, when the offense occurred within five (5) years of that person being convicted of two (2) or more separate violations of that subsection and who refuses to complete a licensed drug rehabilitation program offered by the court pursuant to subsection (d) shall be punished by imprisonment in the county jail for a mandatory minimum period of time of not less than one hundred twenty (120) days, nor more than one (1) year. The court may not reduce the mandatory minimum period of incarceration provided in this subsection.

(d) The court may, when it would be in the interest of justice, permit any person convicted of a violation of subsection (a) of this section, punishable under subsection (b) or (c) of this section, to complete a licensed drug rehabilitation program in lieu of part or all of the imprisonment in the county jail. As a condition of sentencing, the court may require the offender to pay all or a portion of the drug rehabilitation program. In order to alleviate jail overcrowding and to provide recidivist offenders with a reasonable opportunity to seek rehabilitation pursuant to this subsection, counties are encouraged to include provisions to augment licensed drug rehabilitation programs in their substance abuse proposals and applications submitted to the state for federal and state drug abuse funds.

(e) Notwithstanding subsection (a), (b) or (c) of this section, or any other provision of law to the contrary, any person who is unlawfully under the influence of cocaine, cocaine base, methamphetamine, heroin, or phencyclidine while in the immediate personal possession of a loaded, operable firearm is guilty of a public offense and is punishable by imprisonment in the county jail or the state prison for not more than one (1) year. As used in this subsection, "immediate possession" includes, but is not limited to, the interior passenger compartment of a motor vehicle.

(f) Every person who violates subsection (e) of this section is punishable upon the second and each subsequent conviction by imprisonment in the state prison for a period of time not in excess of four (4) years.

(g) In addition to any fine assessed under this section and notwithstanding the provisions of section 19-4705, Idaho Code, the court may, upon conviction, assess an additional cost to the defendant in the way of restitution, an amount not to exceed two hundred dollars ($200) to the arresting and/or prosecuting agency or entity. These funds shall be remitted to the appropriate fund to offset the expense of toxicology testing.

History:

[37-2732C, added 1996, ch. 261, sec. 1, p. 858; am. 2003, ch. 185, sec. 4, p. 507; am. 2010, ch. 117, sec. 6, p. 255.]
Idaho Code § 37-509 — Idaho Code / Title 37 / Chapter 5 / Section 37-509
37-509 PENALTY FOR VIOLATIONS.
Status: in_force

37-509. Penalty for violations. (1) Whoever shall violate any of the provisions of this chapter or the rules promulgated hereunder for carrying out any requirements herein specified may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense.

(2) Assessment of a civil penalty may be made in conjunction with any other department administrative action.

(3) No civil penalty may be assessed unless the person, corporation, cooperative or company charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act.

(4) If the department is unable to collect such penalty or if any person, corporation, cooperative or company fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court.

(5) Any person, corporation, cooperative or company against whom the department has assessed a civil penalty under the provisions of this section may, within twenty-eight (28) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.

(6) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.

History:

[(37-509) 1913, ch. 132, sec. 6, p. 483; reen. C.L. 65:77; C.S., sec. 1744; I.C.A., sec. 36-709; am. 1992, ch. 93, sec. 16, p. 302; am. 2011, ch. 115, sec. 7, p. 318.]
Idaho Code § 37-3303A — Idaho Code / Title 37 / Chapter 33 / Section 37-3303A
37-3303A ELECTRONIC TRACKING SYSTEM.
Status: in_force

37-3303A. Electronic Tracking System. (1) The board of pharmacy shall implement a real-time electronic sales tracking system to monitor the nonprescription sale of pseudoephedrine products in this state provided that such system is available to the state without charge for accessing the system to the state or retailers. If a real-time electronic sales tracking system is not available to the state without charge for accessing the system to the state or retailers, the board of pharmacy shall not be required to create such a system.

(2) The records submitted to the tracking system shall include the following:

(a) The purchaser's name and address;

(b) The purchaser's signature, either on a written form or stored electronically in the tracking system, attesting to the validity of all information provided;

(c) The type of photographic identification presented pursuant to section 37-3303, Idaho Code;

(d) The number and issuing government entity of the photographic identification presented;

(e) The date and time of sale; and

(f) The name and quantity of the product sold.

(3) The records submitted to the tracking system are for the confidential use of the retailer who submitted such records, except that:

(a) The records must be produced in court when lawfully required;

(b) The records must be open for inspection by the board of pharmacy; and

(c) The records must be available to any general or limited authority Idaho peace officer to enforce the provisions of this chapter or to federal law enforcement officers.

(4) The electronic sales tracking system shall be capable of generating a stop sale alert, which shall be a notification that completion of the sale would result in the seller or purchaser violating the quantity limits in section 37-3303, Idaho Code. The system shall contain an override function for use by a dispenser of pseudoephedrine products. Each instance in which the override function is utilized shall be logged by the system.

(5) The board of pharmacy shall have the authority to adopt rules necessary to implement and enforce the provisions of this section and section 37-3303, Idaho Code.

(6) A retailer participating in the electronic sales tracking system:

(a) Is not liable for civil damages resulting from any act or omission in carrying out the requirements of this section or section 37-3303, Idaho Code, other than an act or omission constituting gross negligence or willful or wanton misconduct; and

(b) Is not liable for civil damages resulting from a data breach that was proximately caused by a failure on the part of the electronic sales tracking system to take reasonable care through the use of industry standard levels of encryption to guard against unauthorized access to account information that is in the possession or control of the system.

History:

[37-3303A, added 2012, ch. 303, sec. 2, p. 842.]
Idaho Code § 37-2103 — Idaho Code / Title 37 / Chapter 21 / Section 37-2103
37-2103 VIOLATION A MISDEMEANOR.
Status: in_force

37-2103. Violation a misdemeanor. Any person, persons, corporation, corporations or officers of a municipality, failing or neglecting to comply with any of the provisions of this chapter shall be guilty of a misdemeanor.

History:

[(37-2103) 1913, ch. 173, sec. 2, last part, p. 550; reen. C.L. 65:87; C.S., sec. 1754; am. 1921, ch. 176, sec. 3, p. 370; I.C.A., sec. 36-1203.]
Idaho Code § 37-2502 — Idaho Code / Title 37 / Chapter 25 / Section 37-2502
37-2502 INSPECTION.
Status: in_force

37-2502. Inspection. It shall be the duty of the department of agriculture to inspect and take samples of the above-named articles that are manufactured, kept for sale, or offered for sale, or sold within the state of Idaho and to cause the same to be tested and to enforce the provisions of this chapter.

History:

[(37-2502) 1917, ch. 124, sec. 2, p. 411; reen. C.L. 65:117; C.S., sec. 1784; I.C.A., sec. 36-1602; am. 1939, ch. 96, sec. 1, p. 162; am. 1974, ch. 18, sec. 211, p. 364.]
Idaho Code § 37-2703 — Idaho Code / Title 37 / Chapter 27 / Section 37-2703
37-2703 NOMENCLATURE.
Status: in_force

ARTICLE II

37-2703. Nomenclature. The controlled substances listed or to be listed in the schedules in sections 37-2705, 37-2707, 37-2709, 37-2711 and 37-2713, Idaho Code, are included by whatever official, common, usual, chemical, or trade-name designated.

History:

[I.C., sec. 37-2703, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-2741A — Idaho Code / Title 37 / Chapter 27 / Section 37-2741A
37-2741A UTILITY RECORDS — INSPECTION AND COPYING — WRONGFUL DISCLOSURE.
Status: in_force

ARTICLE V

37-2741A. Utility records — Inspection and copying — Wrongful disclosure. (a) Upon request of the attorney general or prosecuting attorney, a subpoena for the production of records of a utility may be signed and issued by a magistrate judge if there is reasonable articulable suspicion that a violation of the provisions of section 37-2732, 37-2732B, 37-2733, 37-2734 or 37-2734A, Idaho Code, has occurred or is occurring and that the records sought will materially aid in the investigation of such activity or appear reasonably calculated to lead to the discovery of information that will do so. The subpoena shall be served on the utility as in civil actions. The court may, upon motion timely made and in any event before the time specified for compliance with the subpoena, condition compliance upon advancement by the attorney general or prosecuting attorney of the reasonable costs of producing the records specified in the subpoena.

(b) A response to a subpoena issued under this section is sufficient if a copy or printout, duly authenticated by an authorized representative of the utility as a true and correct copy or printout of its records, is provided, unless otherwise provided in the subpoena for good cause shown.

(c) Except as provided in this subsection, a utility served with a subpoena under this section may disclose to the customer the fact that a subpoena seeking records relating to the customer has been served. A magistrate judge may order that the attorney general, prosecuting attorney or utility refrain from disclosing the fact that a subpoena has been served.

(d) A utility shall be reimbursed in an amount set by the court for reasonable costs incurred in providing information pursuant to the provisions of this section.

(e) The provisions of this section do not preclude the use of other legally authorized means of obtaining records, nor preclude the assertion of any legally recognized privileges or the right to seek a protective order where appropriate.

(f) Disclosure by the attorney general, county prosecuting attorney, or any peace officer or other person designated by the attorney general or the county prosecuting attorney, of information obtained under this section, except in the proper discharge of official duties, is punishable as a misdemeanor.

(g) Upon filing of any civil or criminal action, the nondisclosure requirements of any subpoena or order under this section shall terminate, and the attorney general or prosecuting attorney filing the action shall provide copies to the defendant of all subpoenas or other orders issued under this section.

(h) A good faith reliance on a court order by a utility shall constitute a complete defense to any civil or criminal action brought against such utility under the laws of this state.

(i) The term "utility," as used herein, shall mean every corporation, association, company, partnership, sole proprietorship, business entity, person, or any municipal corporation, mutual nonprofit or cooperative corporation which provides water, gas or electrical services to members of the public, for compensation, within the state of Idaho.

(j) If an action is not filed within two (2) years and the investigation is no longer active, records obtained pursuant to this section shall be destroyed by the attorney general or prosecuting attorney.

History:

[37-2741A, added 1989, ch. 266, sec. 2, p. 652; am. 1991, ch. 218, sec. 1, p. 522; am. 1994, ch. 358, sec. 1, p. 1126.]
Idaho Code § 37-1603 — Idaho Code / Title 37 / Chapter 16 / Section 37-1603
37-1603 REGULATORY OVERSIGHT.
Status: in_force

37-1603. regulatory oversight. The Idaho department of agriculture shall have the authority to:

(1) Promulgate rules, subject to legislative approval, to enforce the provisions of this chapter, including additional labeling standards if necessary; and

(2) Conduct inspections and investigations to ensure compliance.

History:

[37-1603, added 2026, ch. 247, sec. 1, p. 1047.]
Idaho Code § 37-311 — Idaho Code / Title 37 / Chapter 3 / Section 37-311
37-311 REPORTS OF VOLUMES PURCHASED.
Status: in_force

37-311. Reports of volumes purchased. All milk processors, cooperatives and organizations that procure milk from Idaho dairy farms or process milk received from other states shall, by the twentieth day of the following month in which the milk was produced or processed, provide a full and accurate account of the amount of milk purchased and the volume of dairy products processed to the department of agriculture pursuant to procedures established by the department.

History:

[(37-311) 37-325 1905, p. 54, sec. 12; reen. R.C., sec. 1146; am. 1909, p. 231, sec. 1, subd. 1146; reen. C.L. 65:62; C.S., sec. 1729; I.C.A., sec. 36-425; am. 1955, ch. 147, sec. 1, p. 289; am. and redesig. 2014, ch. 275, sec. 21, p. 691.]
Idaho Code § 37-3302 — Idaho Code / Title 37 / Chapter 33 / Section 37-3302
37-3302 SALES OF PSEUDOEPHEDRINE PRODUCTS.
Status: in_force

37-3302. Sales of pseudoephedrine products. A retailer shall ensure that:

(1) Pseudoephedrine products offered for sale are located either in an area where the public is not permitted or inside a locked display case; and

(2) All distributions of pseudoephedrine products are conducted by an employee of the retailer. No pseudoephedrine products shall be dispensed by a self-service system of any kind.

History:

[37-3302, added 2006, ch. 95, sec. 1, p. 269.]
Idaho Code § 37-2735 — Idaho Code / Title 37 / Chapter 27 / Section 37-2735
37-2735 PENALTIES UNDER OTHER LAWS.
Status: in_force

ARTICLE IV

37-2735. Penalties under other laws. Any penalty imposed for violation of this act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.

History:

[I.C., sec. 37-2735, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-2725 — Idaho Code / Title 37 / Chapter 27 / Section 37-2725
37-2725 PRESCRIPTION DRUG ORDER BLANKS.
Status: in_force

ARTICLE III

37-2725. Prescription drug order blanks. (1) Paper prescription drug order blanks shall comply with federal law and shall utilize noncopyable paper that contains security provisions against copying that results in some indication on the copy that it is a copy and therefore rendering it null and void.

(2) Prescription drug order blanks shall not be transferable. Any person possessing any such blank otherwise than is herein provided is guilty of a misdemeanor.

(3) The prescription drug order blank shall contain the name and address of the prescriber. Prescription drug order blanks may contain the printed names of multiple prescribers who are affiliated; provided however, such prescription drug order blanks shall contain a means, in addition to the signature of the prescriber, such as a box or a check, for clear identification of the printed name and address of the prescriber issuing the prescription.

(4) Prescriptions written by a prescriber in an institutional facility or other health care facility in which a prescriber may attend a patient, other than his or her regular place of business, may be written on prescription drug order blanks kept or provided by that facility that contain the name and address of that facility, but not necessarily of the prescriber, provided the prescriber's name must be stamped, written or printed on the completed prescription in a manner that is legible to a pharmacist.

(5) Failure of a prescriber to clearly mark the prescriber's printed name and address on the prescription as required in subsection (3) of this section, or to stamp, write or print the prescriber's name legibly as required in subsection (4) of this section shall subject the prescriber to appropriate discipline by the board.

(6) Prescription drug order blanks or drugs lost or stolen must be immediately reported to the board.

History:

[37-2725, added 2001, ch. 178, sec. 4, p. 602; am. 2002, ch. 367, sec. 1, p. 1035; am. 2011, ch. 133, sec. 2, p. 367; am. 2018, ch. 36, sec. 7, p. 74.]
Idaho Code § 37-317 — Idaho Code / Title 37 / Chapter 3 / Section 37-317
37-317 QUALITY STANDARDS FOR FOOD PRODUCTS MADE TO RESEMBLE DAIRY PRODUCTS.
Status: in_force

37-317. Quality standards for food products made to resemble dairy products. Quality standards (e.g., bacteria, coliform, etc.) for food products made to resemble dairy products shall be at least the equivalent of the established quality standards of the dairy product resembled.

History:

[(37-317) 37-334d, added 1987, ch. 7, sec. 5, p. 10; am. and redesig. 2014, ch. 275, sec. 36, p. 694.]
Idaho Code § 37-1201 — Idaho Code / Title 37 / Chapter 12 / Section 37-1201
37-1201 DEFINITIONS.
Status: in_force

37-1201. Definitions. For the purpose and within the meaning of this act, the term "frozen desserts and frozen novelties" shall be defined as provided in regulations promulgated by the director of the department of agriculture.

History:

[37-1201, added 1949, ch. 44, sec. 1, p. 77; am. 1949, ch. 201, sec. 1, p. 418; am. 1963, ch. 123, sec. 1, p. 352; am. 1977, ch. 308, sec. 1, p. 879; am. 1979, ch. 118, sec. 1, p. 366.]
Idaho Code § 37-2501 — Idaho Code / Title 37 / Chapter 25 / Section 37-2501
37-2501 ADULTERATED OR MISBRANDED OIL — MANUFACTURE AND SALE UNLAWFUL.
Status: in_force

37-2501. Adulterated or misbranded oil — Manufacture and sale unlawful. It shall be unlawful for any person to manufacture, sell, keep for sale, or offer for sale within the state of Idaho any gasoline, benzine, naphtha, lubricating oil or grease, road oil, bituminous road materials, diesel fuel, fuel oil for boilers and internal combustion engines, which is adulterated or misbranded within the meaning of this chapter, and any person who shall manufacture, sell, keep for sale, or offer for sale any of the above-named articles, which is adulterated or misbranded, within the meaning of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than twenty-five dollars ($25.00), nor more than $300.00, and each and every sale in violation hereof shall be deemed a separate offense.

History:

[(37-2501) 1917, ch. 124, sec. 1, p. 411; reen. C.L. 65:116; C.S., sec. 1783; I.C.A., sec. 36-1601; am. 1967, ch. 150, sec. 1, p. 338.]
Idaho Code § 37-130 — Idaho Code / Title 37 / Chapter 1 / Section 37-130
37-130 COSMETICS DEEMED MISBRANDED.
Status: in_force

37-130. Cosmetics deemed misbranded. A cosmetic shall be deemed to be misbranded–(a) If its labeling is false or misleading in any particular.

(b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (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.

(c) 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.

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

History:

[37-130, added 1959, ch. 153, sec. 18, p. 351.]
Idaho Code § 37-1506 — Idaho Code / Title 37 / Chapter 15 / Section 37-1506
37-1506 MANUFACTURE OR SALE OF FOOD PRODUCTS CONTAINING EGGS OR EGG PRODUCTS.
Status: in_force

37-1506. Manufacture or sale of food products containing eggs or egg products. It shall be unlawful for any person manufacturing and/or selling any food products containing eggs or egg products to sell, offer or expose for sale in this state any food products containing foreign eggs, or egg products manufactured from foreign eggs, without having printed on the outside of the wrapper or container of each such food product in legible letters of bold faced type of a size not less than 8-point, the words "Foreign Eggs Used in This Product," or if such products are sold, offered or exposed for sale in bulk without displaying in a conspicuous place at the point where such food products are offered or exposed for sale, a placard or sign printed in letters two inches (2") high, and containing the words "Foreign Eggs Used in This Product."

History:

[37-1506, added 1939, ch. 218, sec. 6, p. 460.]
Idaho Code § 37-505 — Idaho Code / Title 37 / Chapter 5 / Section 37-505
37-505 REPORTS OF LICENSEES.
Status: in_force

37-505. Reports of licensees. All buyers of butterfat, cream, milk or other dairy products, required to be licensed by the provisions of this act, shall report to the director of the department of agriculture monthly the number of pounds of each grade of cream, butterfat or other dairy products purchased or manufactured and prices paid.

History:

[(37-505) 1925, ch. 224, sec. 4, p. 435; I.C.A., sec. 36-705; am. 1939, ch. 89, sec. 1, p. 148; am. 1974, ch. 18, sec. 256, p. 364; am. 2011, ch. 115, sec. 4, p. 317.]
Idaho Code § 37-301 — Idaho Code / Title 37 / Chapter 3 / Section 37-301
37-301 STATEMENT OF PURPOSE.
Status: in_force

37-301. Statement of Purpose. It is hereby declared to be the policy of the legislature of the state of Idaho that the public interest requires that all dairy products produced, distributed, offered for sale or sold in Idaho meet minimum standards of sanitary condition, quality, identity, classification and grade. To accomplish this purpose, the director of the department of agriculture shall inspect dairy products, dairy farms, production facilities and processing facilities, issue permits and enforce minimum standards in accordance with the provisions of this chapter.

History:

[(37-301) 1911, ch. 190, sec. 1, p. 627; reen. C.L. 65:38; C.S., sec. 1705; I.C.A., sec. 36-401; am. 1967, ch. 54, sec. 1, p. 104; am. 2014, ch. 275, sec. 1, p. 685.]
Idaho Code § 37-2726 — Idaho Code / Title 37 / Chapter 27 / Section 37-2726
37-2726 FILING PRESCRIPTIONS — DATABASE.
Status: in_force

ARTICLE III

37-2726. Filing prescriptions — Database. (1) All controlled substances and opioid antagonists as defined in section 54-1704, Idaho Code, dispensed for humans shall be filed with the division electronically in a format established by the division. The division may require the filing of other prescriptions by law or rule. The division shall establish the information to be submitted pursuant to the purposes of this section and the purposes set forth in section 37-2730A, Idaho Code.

(2) The division shall create, operate and maintain a controlled substances prescriptions database containing the information submitted pursuant to subsection (1) of this section to be used for the purposes and subject to the terms, conditions and immunities described in section 37-2730A, Idaho Code. The division shall retain the information submitted pursuant to subsection (1) of this section for a period of five (5) years from the date the controlled substance was dispensed. The database information may be made available only to the following:

(a) Authorized individuals employed by the division, Idaho's boards, or other states' licensing entities charged with the licensing and discipline of practitioners;

(b) Peace officers and investigators employed by federal, state and local law enforcement agencies engaged as a specified duty of their employment in enforcing law regulating controlled substances;

(c) Authorized individuals under the direction of the department of health and welfare for the purpose of monitoring and enforcing that department's responsibilities under the public health, medicare and medicaid laws;

(d) A practitioner, licensed in Idaho or another state, having authority to prescribe controlled substances, or a delegate under the practitioner's supervision, to the extent the information relates specifically to a current patient of the practitioner to whom the practitioner is prescribing or considering prescribing any controlled substance;

(e) A pharmacist, licensed in Idaho or another state, having authority to dispense controlled substances, or a delegate under the pharmacist's supervision, to the extent the information relates specifically to a current patient to whom that pharmacist is dispensing or considering dispensing any controlled substance, or providing pharmaceutical care as defined in the Idaho pharmacy act;

(f) An individual who is the recipient of a dispensed controlled substance entered into the database may access records that pertain to that individual, upon the production of positive identification, or that individual's designee upon production of a release of information by that individual that is notarized or otherwise certified pursuant to section 9-1406, Idaho Code;

(g) Upon a lawful order issued by the presiding judge in a court of competent jurisdiction for the release of prescription monitoring program records of a named individual;

(h) Prosecuting attorneys, deputy prosecuting attorneys, and special prosecutors employed by federal, state, county, or local agencies and special assistant attorneys general from the office of the attorney general engaged in enforcing law regulating controlled substances; and

(i) A medical examiner or coroner who is an officer of or employed by a state or local government, for determining a cause of death or for performing other duties authorized by law.

(3) The division must maintain records on the information disclosed from the database, including:

(a) The identification of each individual who requests or receives information from the database and who that individual represents;

(b) The information provided to each such individual; and

(c) The date and time the information is requested or provided.

(4) The division shall ensure that only authorized individuals have access to the database.

(5)(a) A person is guilty of a misdemeanor if such person:

(i) Knowingly misrepresents to the division that he is a person entitled to receive information from the controlled substances prescriptions database pursuant to subsection (2) of this section and receives information from the controlled substances prescriptions database as a result of such misrepresentation;

(ii) Knowingly discloses information obtained from the controlled substances prescriptions database that identifies an individual patient to a person not authorized to receive or use such information under any state or federal law, rule, or regulation, without the lawful order of a court of competent jurisdiction, or without written authorization. The provisions of this subparagraph shall not apply to disclosure of individual patient information by the patient himself or disclosure of individual patient information by a federal, state, or local prosecuting attorney, a deputy prosecuting attorney or special prosecutor, or a special assistant attorney general from the office of the attorney general in the course of a criminal proceeding, whether preconviction or post-conviction; or

(iii) Intentionally shares or recklessly fails to safeguard a division-issued user account, login name, or password, resulting in another person obtaining information from the controlled substances prescriptions database when such other person is not authorized to receive or use such information under the provisions of any state or federal law, rule, or regulation.

(b) Any person who violates the provisions of paragraph (a) of this subsection shall be guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed six (6) months, or by a fine not to exceed two thousand dollars ($2,000), or both. The foregoing criminal penalty is in addition to, and not in lieu of, any other civil or administrative penalty or sanction authorized by law.

(6) The division may, at its discretion, block access to certain controlled substances prescriptions database data if the division has reason to believe that access to the data is or may be used illegally.

(7) All costs associated with recording and submitting data as required in this section are assumed by the dispensing practitioner recording and submitting the data.

(8) For purposes of this section, "delegate" means the health care staff, current health profession student of a licensed practitioner or registered graduate of such profession who may access the database, or a registered pharmacy technician who is designated by a supervising practitioner or pharmacist to access the database according to the provisions of this section and who must register with the division for such access.

History:

[37-2726, added 2001, ch. 178, sec. 5, p. 603; am. 2006, ch. 175, sec. 2, p. 538; am. 2008, ch. 129, sec. 1, p. 362; am. 2012, ch. 185, sec. 1, p. 489; am. 2012, ch. 198, sec. 1, p. 531; am. 2014, ch. 32, sec. 1, p. 46; am. 2014, ch. 79, sec. 3, p. 216; am. 2015, ch. 27, sec. 1, p. 42; am. 2016, ch. 72, sec. 1, p. 249; am. 2016, ch. 82, sec. 1, p. 262; am. 2017, ch. 22, sec. 1, p. 40; am. 2018, ch. 10, sec. 1, p. 14; am. 2021, ch. 35, sec. 3, p. 83; am. 2022, ch. 45, sec. 9, p. 132; am. 2024, ch. 69, sec. 22, p. 354; am. 2026, ch. 90, sec. 12, p. 499.]
Idaho Code § 37-2740 — Idaho Code / Title 37 / Chapter 27 / Section 37-2740
37-2740 POWERS OF ENFORCEMENT PERSONNEL.
Status: in_force

ARTICLE V

37-2740. Powers of enforcement personnel. (a) Any peace officer, as defined by this act, may:

(1) Carry firearms in the performance of his official duties;

(2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state;

(3) Make arrests without warrant for any offense under this act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of this act which may constitute a felony or a misdemeanor;

(4) Make seizures of property pursuant to this act.

(b) The director of the Idaho state police shall administer the state-level program of Idaho to suppress the unlawful traffic and abuse of controlled substances and shall have the authority to appoint and commission agents to enforce the provisions of this act.

(c) All duly authorized peace officers while investigating offenses under this act in the performance of their official duties, and any person working under their immediate direction, supervision, or instruction, provided such person shall not deviate from the lawful direction of the peace officer, are immune from prosecution under this act.

History:

[I.C., sec. 37-2740, as added by 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 9, p. 261; am. 1974, ch. 27, sec. 80, p. 811; am. 2000, ch. 469, sec. 87, p. 1536.]
Idaho Code § 37-404 — Idaho Code / Title 37 / Chapter 4 / Section 37-404
37-404 COLORING WHEN UNFIT FOR HUMAN CONSUMPTION.
Status: in_force

37-404. Coloring when unfit for human consumption. Whenever the director of the department of agriculture or his agent finds any milk, cream or other dairy products unacceptable for human consumption under the foregoing, he shall color the same with a harmless edible dye so that it may thereafter be identified as having been condemned for human consumption.

History:

[37-404, added 1943, ch. 85, sec. 4, p. 171; am. 1949, ch. 183, sec. 3, p. 385; am. 1974, ch. 18, sec. 251, p. 364.]
Idaho Code § 37-1520 — Idaho Code / Title 37 / Chapter 15 / Section 37-1520
37-1520 DEFINITIONS.
Status: in_force

37-1520. Definitions. As used in this chapter:

(a) "Candling" means the act or function of determining the grade of eggs; and the term "candler" shall refer to the person performing that act or function.

(b) "Carton" means a container containing one (1) dozen eggs.

(c) "Consumer" means a person who purchases eggs or egg products for use as food and not for resale in any form.

(d) "Container" means any carton, case, box, basket, sack, bag, or other receptacle.

(e) "Dealer" or "egg handler" means any person who acquires eggs or egg products from a producer or distributor for resale to consumers.

(f) "Director" means the director of the department of agriculture.

(g) "Distributor" means any person having possession or control of eggs or egg products for the purpose of candling, grading, packing, selling, peddling, distributing, dealing in, or trading in eggs or egg products for resale to a dealer in the state of Idaho, but shall not refer to a producer when engaging in the sale of eggs or egg products to a distributor or when engaging in the sale of eggs directly to a consumer at the place of production. Distributor shall not include those operating pursuant to chapter 2, title 37, Idaho Code.

(h) "Grade," when used as a verb shall mean to classify eggs as to quality and size, and when used as a noun shall mean the classification as to quality and size so established.

(i) "Intrastate commerce" means eggs or egg products are intended for sale, held for sale, offered for sale, sold, stored, transported, or handled in this state in any manner and prepared for eventual distribution in this state whether at wholesale or retail.

(j) "Person" means an individual, partnership, corporation, firm, association, or agent thereof.

(k) "Producer" means a person engaged in the business of operating or controlling the operation of one (1) or more farms, ranches, or establishments on which eggs or egg products are produced in the state of Idaho.

(l) "Sale," "sell," "selling," or "sold" means and includes sale, offer of sale, display for sale, have in possession for sale, exchange, barter, trade, or other dealing.

History:

[37-1520, added 1963, ch. 143, sec. 2, p. 406; am. 1969, ch. 39, sec. 1, p. 97; am. 1974, ch. 18, sec. 173, p. 364; am. 1975, ch. 175, sec. 1, p. 477; am. 1982, ch. 26, sec. 1, p. 51; am. 2026, ch. 91, sec. 7, p. 510.]
Idaho Code § 37-2808 — Idaho Code / Title 37 / Chapter 28 / Section 37-2808
37-2808 REAL PROPERTY — RIGHTS OF THIRD PARTIES.
Status: in_force

37-2808. Real property — Rights of third parties. (1) Real property subject to forfeiture under the provisions of this chapter may be seized by the attorney general or appropriate prosecuting attorney upon determining that a parcel of property is subject to forfeiture, by filing a notice of seizure with the recorder of the county in which the property or any part thereof is situated. The notice must contain a legal description of the property sought to be forfeited; provided however, that in the event the property sought to be forfeited is part of a greater parcel, the attorney general or appropriate prosecuting attorney may, for the purposes of this notice, use the legal description of the greater parcel. The attorney general or appropriate prosecuting attorney shall also send by certified mail a copy of the notice of seizure to any persons holding a recorded interest or of whose interest the attorney general or appropriate prosecuting attorney has actual knowledge. The attorney general or appropriate prosecuting attorney shall post a similar copy of the notice conspicuously upon the property and publish a copy thereof once a week for three (3) consecutive weeks immediately following the seizure in a newspaper published in the county. The co-owner or party in lawful possession of the property sought to be forfeited may retain possession and use thereof and may collect and keep income from the property while the forfeiture proceedings are pending.

(2) In the event of a seizure pursuant to subsection (1) of this section, a request for forfeiture shall be filed with the trial court within the time limit imposed by section 37-2804, Idaho Code. The request shall be served in the same manner as complaints subject to the Idaho rules of civil procedure on all persons having an interest in the real property sought to be forfeited.

(3) Notwithstanding any other provision of this section, upon being satisfied that the interest of a co-owner or claimant should not be subject to forfeiture because they neither knew nor should have known that the real property was being used or had been used for the purposes alleged, or that due to preexisting security interests in such property there is no equity which may be forfeited, the attorney general or appropriate prosecuting attorney may release the property to the co-owner, holder of the security interest, or other claimant.

(4) Within twenty (20) days of the mailing of the notice, the co-owner or party in interest may file a verified answer and claim to the property described in the notice.

(5) If a verified answer is filed within twenty (20) days after mailing of the notice, the forfeiture proceeding against all co-owners and parties in interest who have filed verified answers shall be set for hearing before the court without a jury on a day not less than sixty (60) days after the mailing of the notice; and the proceeding shall have priority over other civil cases.

(a) A co-owner, or claimant of any right, title or interest in the real property sought to be forfeited may prove that his right, title or interest, whether under a lien, mortgage, deed of trust or otherwise, was created without any knowledge or reason to believe that the real property was being used or had been used for the purposes alleged;

(b) Any co-owner who has a verified answer on file may show by competent evidence that his interest in the property sought to be forfeited is not subject to forfeiture because he could not have known in the exercise of reasonable diligence that the real property was being used, or had been used in any manner in violation of the provisions of section 37-2801, Idaho Code.

(6) In the event of such proof, the court shall order the release of the interest of the co-owner, purchaser, lienholder, mortgagee or beneficiary.

(a) If the amount due to such person is less than the value of the real property, the real property may be sold in a commercially reasonable manner by the attorney general or appropriate prosecuting attorney. The proceeds from such sale shall be distributed as follows in the order indicated:

(i) To the innocent co-owner, purchaser, mortgagee or beneficiary of the real property, if any, up to the value of his interest in the real property.

(ii) The balance, if any, in the following order:

1. To the attorney general or appropriate prosecuting attorney for all expenditures made or incurred in connection with the sale, including expenditure for any necessary repairs or maintenance of the real property, and for all expenditures made or incurred in connection with the forfeiture proceedings including, but not limited to, expenditures for witnesses' fees, reporters' fees, transcripts, printing, travel, investigation, title company fees and insurance premiums.

2. The remainder, if any, to the director of the Idaho state police for credit to the drug and driving while under the influence enforcement donation fund created in section 57-816, Idaho Code.

(b) In any case, the attorney general or appropriate prosecuting attorney may, within thirty (30) days after the order of forfeiture, pay the balance due to the innocent co-owner, purchaser, lienholder, mortgagee or beneficiary and thereby purchase the real property for use in the enforcement of this chapter.

History:

[37-2808, added 1996, ch. 230, sec. 1, p. 754; am. 2000, ch. 469, sec. 93, p. 1546; am. 2009, ch. 108, sec. 7, p. 357.]
Idaho Code § 37-2813 — Idaho Code / Title 37 / Chapter 28 / Section 37-2813
37-2813 DISPOSITION OF PROPERTY.
Status: in_force

37-2813. Disposition of property. On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented or operated to satisfy an interest of any interest holder who has timely filed a proper claim or to preserve the interests of any party. The court may order a sale or any other disposition of the property if the property may perish, waste, be foreclosed on or otherwise be significantly reduced in value or if the expenses of maintaining the property are or will become greater than its fair market value. If the court orders a sale, the court shall designate a third party or state property manager to dispose of the property by public sale or other commercially reasonable method and shall distribute the proceeds in the following order of priority:

(1) Payment of reasonable expenses incurred in connection with the sale.

(2) Satisfaction of exempt interests in the order of their priority.

(3) Preservation of the balance, if any, in the actual or constructive custody of the court in an interest-bearing account, subject to further proceedings under this chapter.

When property is forfeited under this chapter, the attorney general or appropriate prosecuting attorney, may:

(1) Retain it for official use; and/or

(2) Sell that which is not required to be destroyed by law and which is not harmful to the public, pursuant to section 37-2807 or 37-2808, Idaho Code.

History:

[37-2813, added 1996, ch. 230, sec. 1, p. 756.]
Idaho Code § 37-129 — Idaho Code / Title 37 / Chapter 1 / Section 37-129
37-129 COSMETICS DEEMED ADULTERATED.
Status: in_force

37-129. Cosmetics deemed adulterated. A cosmetic shall be deemed to be adulterated–(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. Provided, that this provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution–This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness," and the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes.

(b) If it consists in whole or in part of any filthy, putrid, or decomposed substance.

(c) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

(d) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(e) If it is not a hair dye and it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act.

History:

[37-129, added 1959, ch. 153, sec. 17, p. 351.]
Idaho Code § 37-2718 — Idaho Code / Title 37 / Chapter 27 / Section 37-2718
37-2718 DISCIPLINE.
Status: in_force

ARTICLE III

37-2718. DISCIPLINE. (a) A registration under section 37-2717, Idaho Code, may be restricted, suspended or revoked by the board upon a finding that the registrant:

(1) Has furnished false or fraudulent material information in any application filed under this act;

(2) Has been found guilty of a felony or misdemeanor under any state or federal law relating to any controlled substance;

(3) Has had his federal registration restricted, suspended or revoked; or

(4) Has violated this chapter, any rule of the board promulgated under this act, an order of the board or any federal regulation relating to controlled substances; provided, however, that no restriction, revocation or suspension procedure be initiated under this paragraph without the board first giving notice of the procedure to the state licensing board with authority over the registrant's professional license.

(b) The notice required in subsection (a)(4) of this section shall be given immediately in the event action is taken without an order to show cause as allowed under section 37-2719(b), Idaho Code. In all other cases, such notice shall be given as early as reasonably practicable without risking compromise of the board's investigation but no later than the earlier of:

(1) Issuance of an order to show cause under section 37-2719(a), Idaho Code; or

(2) Setting of a hearing for approval of a resolution of the matter through informal proceedings.

(c) Restriction, revocation or suspension procedures arising solely from "practice-related issues" shall be referred by the board to such registrant's state licensing board.

(1) Upon such referral, the registrant's state licensing board shall commence such investigation of the referred matter as it deems necessary and shall take action upon the registrant's license or shall inform the board of pharmacy, in writing, that it has investigated the referred matter and has concluded that no action is necessary.

(2) For purposes of this section, the term "practice-related issues" refers to issues involving questions regarding the professional conduct of the registrant within the scope of the registrant's profession.

(d) The board may limit the revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(e) If the board restricts, suspends or revokes a registration, all pertinent controlled substances owned or possessed by the registrant at the time of the restriction or suspension or the effective date of the revocation order shall be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the state for transfer to a reverse distributor.

(f) The board shall promptly notify the bureau and the state licensing board with authority over the registrant's professional license of all orders restricting, suspending or revoking registration and all forfeitures of controlled substances.

(g) In the event the drug enforcement administration or a state licensing board with authority over a registrant's professional license or registration takes an action against the registrant in any fashion which suspends, restricts, limits or affects the registrant's ability to manufacture, distribute, prescribe, administer, dispense, or conduct research with any controlled substance, the professional licensing board shall promptly notify the board of pharmacy of the action.

(1) Upon such action, the board of pharmacy shall be authorized to issue its order suspending, restricting, limiting or otherwise affecting the registrant's controlled substance registration in the same fashion as the professional licensing board action.

(2) The board of pharmacy order may be issued without further hearing or proceeding, but shall be subject to the effect of any reversal or modification of the professional licensing board action by reason of any appeal or rehearing.

History:

[37-2718, added 1971, ch. 215, sec. 1, p. 939; am. 1981, ch. 102, sec. 4, p. 156; am. 1985, ch. 152, sec. 1, p. 405; am. 2001, ch. 211, sec. 1, p. 835; am. 2015, ch. 25, sec. 4, p. 36; am. 2020, ch. 14, sec. 1, p. 35; am. 2026, ch. 90, sec. 8, p. 496.]
Idaho Code § 37-513 — Idaho Code / Title 37 / Chapter 5 / Section 37-513
37-513 FALSE TESTS — EVIDENCE.
Status: in_force

37-513. False tests — Evidence. No person shall falsely manipulate or misread milk or cream testing apparatus. The writing of a check or payment of money by such person, corporation, cooperative or company for cream or milk shall constitute prima facie evidence that such test was made.

History:

[(37-513) 1925, ch. 224, sec. 7, p. 435; I.C.A., sec. 36-712; am. 2011, ch. 115, sec. 9, p. 319.]
Idaho Code § 37-313 — Idaho Code / Title 37 / Chapter 3 / Section 37-313
37-313 BUTTER GRADES.
Status: in_force

37-313. Butter grades. The grades of butter shall comply with the United States department of agriculture's 1989 "Standards for Grades of Butter." "Undergrade" butter is butter scoring less than 90 under this standard. It is hereby declared to be unlawful to sell, or offer for sale any butter within the state of Idaho unless the wrappers and containers in which said butter is packaged are conspicuously labeled as to grades. Any butter that scores less than 90 and is sold or offered for sale within the state of Idaho must be conspicuously labeled with the words "undergrade butter" upon the wrappers and container in which said butter is packaged.

History:

[(37-313) 37-332a, added 1955, ch. 258, sec. 1, p. 598; am. 1957, ch. 75, sec. 1, p. 122; am. 1959, ch. 54, sec. 1, p. 112; am. 1988, ch. 161, sec. 2, p. 291; am. and redesig. 2014, ch. 275, sec. 25, p. 692.]