reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 4 - SANITARY INSPECTION OF DAIRY PRODUCTS › Section 37-412 - STANDARDS FOR MILK HAULERS.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 4 - SANITARY INSPECTION OF DAIRY PRODUCTS › Section 37-413 - STANDARDS FOR QUALITY CONTROL OF MILK SAMPLES.

37-413. STANDARDS FOR QUALITY CONTROL OF MILK SAMPLES. The following standards are hereby adopted relating to quality control of milk samples taken from tanks:
A. As often as is deemed necessary the department of agriculture may take samples for analysis from each farm tank or each transportation tank.
B. All milk samples taken from farm tanks or transportation tanks shall be taken in a sanitary manner in accordance with standard methods. Samples for bacteriological analysis shall be properly iced and transported in accordance with standard methods (32-40 F).
C. The department of agriculture shall have access to all records maintained by the receiving plant relating to butterfat, temperature, and bacteriological sampling and any other samples of bulk farm tank milk.
D. Milk samples for analysis shall be available on the farm tank pick up truck at all times during the collection period and delivery to the plant, as required by the department of agriculture.
E. The sanitary requirements concerning milk and cream established by section 37-402, Idaho Code, are hereby adopted and shall be applicable hereto.
History:
[(37-413) I.C., sec. 37-412, as added by 1961, ch. 295, sec. 5, p. 522.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-502 - INSPECTIONS OF DAIRY PRODUCT ESTABLISHMENTS

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-504 - LICENSES — DURATION AND REVOCATION.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-505 - REPORTS OF LICENSEES.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-506 - METHOD OF TESTING MILK AND CREAM.

37-506. METHOD OF TESTING MILK AND CREAM. All milk and cream purchased or sold in the state of Idaho at a price based upon or determined by the milkfat, protein, lactose, solids nonfat or somatic cell counts thereof, shall be tested by methods approved by the director of the department of agriculture of the state of Idaho. Samples must be taken from every shipment of milk and cream. 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. Such samples may be examined and tested by the department of agriculture at any time. The department of agriculture 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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-507 - STATEMENT OF MILK OR CREAM PURCHASED.

37-507. STATEMENT OF MILK OR CREAM PURCHASED. Every person, corporation, cooperative or company that determines the value of any milk or cream received or bought by such person, corporation, cooperative or company on a milk volume, component or somatic cell count basis shall, when paying for such milk or cream, include in every statement or check issued to any patron in payment therefor a statement of the number of pounds of milk, milk components and the average somatic cell counts, if applicable, for which payment is made. Records for such transactions shall be retained by the purchaser of the milk or cream for at least one (1) year from the date the tests were conducted.
History:
[(37-507) 1913, ch. 132, sec. 3, p. 482; reen. C.L., 65:73; C.S., sec. 1740; I.C.A., sec. 36-707; am. 1947, ch. 160, sec. 3, p. 412; am. 1970, ch. 34, sec. 1, p. 72; am. 2011, ch. 115, sec. 6, p. 318.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-509 - PENALTY FOR VIOLATIONS.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-510 - RETENTION OF TESTED SAMPLES.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-511 - TESTER’S AND GRADER’S LICENSE — EXAMINATION — LICENSEE’S SUBSTITUTE.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-512 - TESTING AND GRADING WHEN PURCHASE-PRICE BASED ON MILK FAT OR BUTTER FAT CONTENT.

37-512. TESTING AND GRADING WHEN PURCHASE-PRICE BASED ON MILK FAT OR BUTTER FAT CONTENT. All buyers of cream or milk, who purchase milk or cream at a purchase price based upon or determined by the milk fat or butter fat content thereof, shall maintain at the plant, creamery, station or factory where such milk or cream is being received, a person licensed by the department of agriculture to test and grade milk and cream.
History:
[(37-512) I.C.A., sec. 36-711A, as added by 1947, ch. 160, sec. 5, p. 412.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-513 - FALSE TESTS — EVIDENCE.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-514 - TESTING WITHOUT LICENSE — SEPARATE OFFENSES.

37-514. TESTING WITHOUT LICENSE — SEPARATE OFFENSES. The testing of each lot of milk or cream by an unlicensed person shall constitute a separate offense.
History:
[(37-514) 1925, ch. 224, sec. 12, p. 435; I.C.A., sec. 36-713.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-515 - FEES AND FINES — DISPOSITION.

37-515. FEES AND FINES — DISPOSITION. Fees and fines collected under the provisions of this act shall be credited and paid into the dairy industry and inspection fund [account]. The department is authorized by rule to set forth parameters relating to payments, refunds or other adjustments whenever the department determines milk or cream component testing fails to meet requirements. The payments or refunds shall be made to the aggrieved party within thirty (30) days.
History:
[(37-515) 1925, ch. 224, sec. 10, p. 435; I.C.A., sec. 36-714; am. 1933, ch. 47, sec. 3, p. 75; am. 1950 (E.S.), ch. 76, sec. 2, p. 101; am. 2011, ch. 115, sec. 10, p. 319.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 5 - INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING › Section 37-516 - RULES FOR ADMINISTRATION — “DEPARTMENT” DEFINED.

37-516. RULES FOR ADMINISTRATION — "DEPARTMENT" DEFINED. The director of the department of agriculture is empowered to prescribe rules and regulations in the administration of this act not inconsistent with its provisions. The term "department," as used in this act, means the department of agriculture.
History:
[(37-516) 1925, ch. 224, sec. 11, p. 435; I.C.A., sec. 36-715; am. 1974, ch. 18, sec. 259, p. 364.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 6 - DAIRY ENVIRONMENTAL CONTROL ACT › Section 37-601 - SHORT TITLE.

37-601. SHORT TITLE. This chapter shall be known and cited as the "Dairy Environmental Control Act."
History:
[37-601, added 2014, ch. 284, sec. 1, p. 720.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 6 - DAIRY ENVIRONMENTAL CONTROL ACT › Section 37-602 - LEGISLATIVE FINDINGS AND PURPOSE.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 6 - DAIRY ENVIRONMENTAL CONTROL ACT › Section 37-603 - AUTHORITY AND DUTIES OF DIRECTOR AND AGENCY COORDINATION.

37-603. AUTHORITY AND DUTIES OF DIRECTOR AND AGENCY COORDINATION. (1) The director of the department shall be solely responsible for approving and enforcing dairy environmental management plans. The department is authorized to adopt rules to implement the provisions in this chapter.
(2) The department shall implement programs to recognize, support and promote performance and innovation in the design, construction, operation and maintenance of dairy environmental management systems. The department shall consult and coordinate with the Idaho dairymen’s association in the implementation of such programs.
(3) Nothing in this chapter shall affect the authority of the department of environmental quality to administer and enforce an Idaho NPDES program for dairy farms that discharge pollutants to waters of the United States, including without limitation, the authority to issue permits, access records, conduct inspections and take enforcement action, as set forth in chapter 1, title 39, Idaho Code, and the rules adopted pursuant thereto. The provisions of this chapter do not alter the requirements, liabilities and authorities with respect to or established by an Idaho NPDES program.
(4) The director of the department of environmental quality and the director of the department of agriculture shall, as appropriate, establish an agreement relating to the administration of an Idaho NPDES program that recognizes the expertise of the department of agriculture. The director shall have the authority to exercise any other authorities delegated by the director of the department of environmental quality regarding the protection of ground water, surface water and other natural resources associated with dairy farms, and this shall be the authority for the director of the department of environmental quality to so delegate.
(5) The director of the department of environmental quality shall consult with the director of the department of agriculture before certifying discharges from dairy farms as provided under 33 U.S.C. section 1341.
History:
[37-603, added 2014, ch. 284, sec. 1, p. 720; am. 2016, ch. 129, sec. 8, p. 380.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 6 - DAIRY ENVIRONMENTAL CONTROL ACT › Section 37-605 - DAIRY STORAGE AND CONTAINMENT FACILITY DESIGN AND CONSTRUCTION.

37-605. DAIRY STORAGE AND CONTAINMENT FACILITY DESIGN AND CONSTRUCTION. (1) All dairy storage and containment facilities shall be designed and constructed in accordance with engineering standards and specifications published by the United States department of agriculture natural resources conservation service or by the American society of agricultural and biological engineers, or other equally protective criteria approved by the director. Design, construction, operation and maintenance of storage and containment facilities in accordance with such criteria shall be considered a best management practice that is intended to prevent unauthorized discharges, unauthorized releases, violations of state water quality standards, contamination of ground water and surface water and endangerment to human health and the environment.
(2) Each dairy farm shall have storage and containment facilities criteria that are approved by the department and included in the dairy’s environmental management plan. Dairy storage and containment facilities criteria shall be implemented by the dairy farm and enforced by the department to ensure that there is no unauthorized discharge or unauthorized release from the dairy farm. The department’s review and approval of plans under this section shall supersede the department of environmental quality’s implementation of plan and specification review and approval pursuant to section 39-118, Idaho Code.
History:
[37-605, added 2016, ch. 129, sec. 11, p. 383.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 6 - DAIRY ENVIRONMENTAL CONTROL ACT › Section 37-606 - DAIRY NUTRIENT MANAGEMENT PLAN.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 6 - DAIRY ENVIRONMENTAL CONTROL ACT › Section 37-606A - DAIRY ENVIRONMENTAL MANAGEMENT PLAN.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 6 - DAIRY ENVIRONMENTAL CONTROL ACT › Section 37-607 - INSPECTIONS.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 6 - DAIRY ENVIRONMENTAL CONTROL ACT › Section 37-608 - UNAUTHORIZED DISCHARGES AND UNAUTHORIZED RELEASES.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 6 - DAIRY ENVIRONMENTAL CONTROL ACT › Section 37-609 - NONCOMPLIANCE — ENFORCEMENT — PENALTIES.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 11 - ACQUISITION OF RAW MILK › Section 37-1101 - ACQUISITION OF RAW MILK AND RAW MILK PRODUCTS.

37-1101. ACQUISITION OF RAW MILK AND RAW MILK PRODUCTS. (1) The acquisition of raw milk or raw milk products from cows, sheep, or goats by an owner of such cows, sheep, or goats for use or consumption by the owner or members of the owner’s household shall not constitute the sale or retail sale of raw milk or raw milk products and shall not be prohibited.
(2) The acquisition of raw milk or raw milk products from cows, sheep, or goats by an owner of a cow share, sheep share, or goat share for use or consumption by the owner or members of the owner’s household shall not constitute the sale or retail sale of raw milk or raw milk products and shall not be prohibited. The owner of a cow share, sheep share, or goat share shall receive raw milk or raw milk products directly from the farm or dairy where the cow, sheep, goat, or dairy herd is located. Such farm or dairy shall be registered.
(3) Registration of a farm or dairy as required by subsection (2) of this section shall be accomplished by delivering to the Idaho state department of agriculture a written statement containing:
(a) The name of the farmer, farm or dairy;
(b) A valid, current address of the farmer, farm or dairy; and
(c) A statement that raw milk or raw milk products are being produced at the farm or dairy.
(4) Unless otherwise permitted by the Idaho state department of agriculture, it shall be unlawful to sell, offer for sale, or advertise for sale to any person or distribute to any restaurant or food establishment, grocery store, or farmers market any raw milk or raw milk products produced as provided in this section.
(5) No producer of raw milk or raw milk products as provided in this section shall publish any statement that implies approval or endorsement by the Idaho state department of agriculture.
(6) The Idaho state department of agriculture is charged with the responsibility of administration and enforcement of this chapter and is empowered to promulgate and enforce rules not inconsistent with this chapter.
(7) The Idaho state department of agriculture is authorized to issue a hold order to stop the distribution of raw milk or raw milk products when it is deemed necessary to protect human health.
History:
[37-1101, added 2010, ch. 359, sec. 1, p. 944; am. 2023, ch. 113, sec. 1, p. 330.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 11 - ACQUISITION OF RAW MILK › Section 37-1102 - ENFORCEMENT — PENALTY.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 12 - ICE CREAM AND FROZEN DESSERTS › Section 37-1201 - DEFINITIONS.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 12 - ICE CREAM AND FROZEN DESSERTS › Section 37-1202 - LABELING AND ADVERTISING FROZEN DESSERTS AND FROZEN NOVELTIES.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 12 - ICE CREAM AND FROZEN DESSERTS › Section 37-1203 - VIOLATIONS UNLAWFUL.

37-1203. VIOLATIONS UNLAWFUL. It shall be unlawful for any person, partnership, firm or corporation to manufacture, dispense, sell or offer to sell any frozen dessert or frozen novelty which does not conform to the standards set forth in this act, and it shall be unlawful to manufacture, sell, offer for sale or dispense such frozen desserts or frozen novelties without having and displaying the appropriate labels and signs required by section 37-1202, Idaho Code. It shall be unlawful to manufacture, sell, offer to sell or dispense any frozen dessert or frozen novelty, whether herein defined or not, unless the same shall conform to one (1) of the definitions or standards herein described.
History:
[37-1203, added 1949, ch. 44, sec. 3, p. 77; am. 1992, ch. 93, sec. 31, p. 308.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 12 - ICE CREAM AND FROZEN DESSERTS › Section 37-1204 - PENALTIES.

37-1204. PENALTIES. Any person, partnership, firm or corporation violating, or who shall fail to comply with, the preceding sections, or any part, provision, or section thereof, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten dollars ($10.00) and not exceeding three hundred dollars ($300.00), or by imprisonment in the county jail for a period of not exceeding six (6) months, or both such fine and imprisonment.
History:
[37-1204, added 1949, ch. 44, sec. 4, p. 77.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 12 - ICE CREAM AND FROZEN DESSERTS › Section 37-1205 - ENFORCEMENT AND DUTIES OF DEPARTMENT OF AGRICULTURE.

37-1205. ENFORCEMENT AND DUTIES OF DEPARTMENT OF AGRICULTURE. Enforcement of this act shall be in the department of agriculture of the state of Idaho and it shall be the duty of such department to exercise and supervise and conduct such investigations as may be necessary for the enforcement of this act.
History:
[37-1205, added 1949, ch. 44, sec. 5, p. 77.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1501 - TERMS DEFINED.

37-1501. TERMS DEFINED. The word "eggs" whenever used in this act shall mean and include foreign eggs in the shell, and the words "foreign eggs" shall mean and include eggs produced in any foreign country, and egg products manufactured from eggs produced in any foreign country.
The word "egg products" whenever used in this act shall mean and include egg powder, powdered eggs, dried eggs, liquid frozen eggs, and any other product, by whatsoever trade name designated, manufactured from foreign eggs or any part thereof.
History:
[37-1501, added 1939, ch. 218, sec. 1, p. 460.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1502 - SALE WHEN UNFIT FOR HUMAN FOOD UNLAWFUL.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1503 - EGGS IN THE SHELL.

37-1503. EGGS IN THE SHELL. It shall be unlawful for any person to sell, offer or expose for sale in this state any foreign eggs in the shell, without having stamped on each such egg, in legible type and in durable indelible ink, the words "Foreign Produced Eggs From …." and the name of the country in which such egg is produced.
History:
[37-1503, added 1939, ch. 218, sec. 3, p. 460.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1504 - EGGS OTHER THAN IN THE SHELL AND EGG PRODUCTS.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1505 - SERVING IN RESTAURANTS, HOTELS AND OTHER ESTABLISHMENTS.

37-1505. SERVING IN RESTAURANTS, HOTELS AND OTHER ESTABLISHMENTS. It shall be unlawful for any person owning or operating any restaurant, hotel, cafe, coffee shop, or other place where food is served, or any bakery or confectionery shop where food products are sold, to serve or sell any foreign eggs or egg products manufactured from foreign eggs without posting and maintaining in a conspicuous place where the customers entering any such place of business can see it, a placard or sign bearing the words "We Use Foreign Produced Eggs" printed or painted in legible letters not less than two inches (2") high.
History:
[37-1505, added 1939, ch. 218, sec. 5, p. 460.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1506 - MANUFACTURE OR SALE OF FOOD PRODUCTS CONTAINING EGGS OR EGG PRODUCTS.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1507 - VIOLATION A MISDEMEANOR.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1519 - PURPOSE.

37-1519. PURPOSE. The legislature of the state of Idaho recognizes that the candling, storing, grading, packing, selling, peddling, distributing, labeling, dealing in and trading in eggs in the state of Idaho is in the public interest and hereby declares that the provisions of this act are vital to the economy of the state of Idaho and the well being of its citizens.
The purpose of this act is to establish standards of grades for eggs and authorize standards of sanitation, cleanliness and temperature for the handling and storage of eggs for sale in the state of Idaho, and to require compliance with the labeling regulations and the designation of the grade of eggs sold in the state of Idaho.
History:
[37-1519, added 1963, ch. 143, sec. 1, p. 406.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1520 - DEFINITIONS.

37-1520. DEFINITIONS. When used in this act:
(a) The term "candling" shall refer to 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) The term "carton" shall mean a container containing one (1) dozen eggs.
(c) The term "director" shall refer to the director of the department of agriculture.
(d) The term "consumer" shall mean a person who purchases eggs or egg products for use as food and not for resale in any form.
(e) The term "container" shall mean any carton, case, box, basket, sack, bag or other receptacle.
(f) The term "dealer" or "egg handler" shall mean any person who acquires eggs or egg products from a producer or distributor for resale to consumers.
(g) The term "distributor" shall refer to 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.
(h) The term "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) The term "person" shall include an individual, partnership, corporation, firm, association and agent.
(j) The term "producer" shall mean a person engaged in the business of operating or controlling the operation of one or more farms, ranches or establishments on which eggs or egg products are produced in the state of Idaho.
(k) The term "sale" or "sell" or "selling" or "sold" shall include sale, offer of sale, display for sale, have in possession for sale, exchange, barter, trade or other dealing.
(l) "Intrastate commerce" means any eggs or egg products in intrastate commerce whether such 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.
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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1521 - REGULATIONS FOR GRADES AND STANDARDS.

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.]