reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 22 - COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY › Section 70-2204 - COMMISSIONERS.

70-2204. COMMISSIONERS. (1) The powers of each intermodal authority are vested in the commissioners thereof. The resolution or ordinance setting forth the findings as provided in section 70-2203(2), Idaho Code, shall create the authority and shall include provisions for appointing a board of not fewer than three (3) commissioners for the authority to staggered terms and requiring bylaws for governance of the authority. A majority of the commissioners of an authority constitutes a quorum for the purpose of conducting business of the authority and exercising its powers for all other purposes. Action may be taken by the intermodal authority upon a vote of not less than a majority of the commissioners present for a meeting of the authority.
(2) Each intermodal authority must elect a chairman and vice-chairman from among the commissioners at a time and for terms as set out in the respective resolution or ordinance.
(3) An intermodal authority may employ such other officers, agents, and employees, permanent or temporary, as it may require. Commissioners shall determine necessary qualifications, duties and compensation for officers, agents and employees. An intermodal authority may delegate to one (1) or more of its agents or employees such powers or duties as it considers proper.
(4) A commissioner of an intermodal authority is entitled to receive reimbursement for expenses for travel and the discharge of his or her duties according to the policies of the governing body.
(5) For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed only after a hearing and after such commissioner has been given a copy of the charges at least ten (10) days prior to such hearing and has had the opportunity to be heard in person or by counsel.
(6) Each commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the county or the city clerk, as appropriate, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.
History:
[70-2204, added 2004, ch. 353, sec. 1, p. 1054; am. 2006, ch. 75, sec. 2, p. 229; am. 2011, ch. 37, sec. 5, p. 88.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 22 - COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY › Section 70-2205 - COOPERATION OF COUNTY OR CITY.

70-2205. COOPERATION OF COUNTY OR CITY. (1) For the purpose of cooperating in the planning, establishment, construction or operation of an intermodal authority or any of its facilities, any governing body of the respective county or city for which an intermodal authority has been created may, upon such terms, with or without consideration, as it may determine:
(a) Dedicate, sell, convey or lease any of its interest in any property or facility or grant easements, licenses, or any other rights or privileges therein to the intermodal authority;
(b) Cooperate with the intermodal authority in the planning of an intermodal authority and its facilities; and
(c) Enter into agreements with the intermodal authority respecting action to be taken by the county or city pursuant to the provisions of this section.
(2) After a public hearing, any sale, conveyance, lease or agreement provided for in this section may be made by a public body.
History:
[70-2205, added 2004, ch. 353, sec. 1, p. 1054; am. 2006, ch. 75, sec. 3, p. 230; am. 2011, ch. 37, sec. 6, p. 89.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 22 - COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY › Section 70-2206 - GENERAL POWERS OF A COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY.

70-2206. GENERAL POWERS OF A COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY. An intermodal authority shall have the powers provided to it by a local county or city governing body including:
(1) Have perpetual succession unless abolished as provided in this chapter;
(2) Sue and be sued;
(3) Have a seal;
(4) Execute contracts and other instruments and take other action that may be necessary or convenient to carry out the purposes of this chapter;
(5) Plan, establish, acquire, develop, construct, purchase, enlarge, improve, modify, maintain, equip, operate, regulate and protect transportation, storage, or other facilities or other personal property necessary or convenient to carry out the purposes of this chapter;
(6) Acquire any land or interest in land. All land and other property and privileges acquired and used by or on behalf of any intermodal authority must be used for intermodal authority purposes. The property of an intermodal authority acquired or held for the purposes of this chapter is declared to be public property used for essential public and governmental purposes and, effective the date an intermodal authority acquires title to such property, it shall be exempt from all taxes of the municipality, the county, the state or any political subdivision thereof; provided, that such tax exemption shall terminate when the authority sells or otherwise disposes of such property for development to a purchaser that is not a public body entitled to tax exemption with respect to such property. As specified in this chapter, a port authority may pledge, lease, sell, or mortgage all or any part of its facilities to secure bonds or for other financing purposes;
(7) Recommend to the county or city that created it, comprehensive county or city intermodal commerce authority zoning regulations in accordance with the laws of this state and the county or city governing body; and
(8) Provide financial and other support to corporations or other business entities or organizations under the provisions of Idaho law, whose purpose is to promote, stimulate, develop and advance the economic development and prosperity of its jurisdiction and of the state and its citizens by stimulating, assisting in, and supporting the growth of all kinds of economic activity, including the creation, expansion, modernization, retention, and relocation of new and existing businesses and industry in the state, all of which will tend to promote business development, maintain the economic stability and prosperity of the state, and thus provide maximum opportunities for employment and improvement in the standards of living of citizens of the state.
History:
[70-2206, added 2004, ch. 353, sec. 1, p. 1054; am. 2006, ch. 75, sec. 4, p. 230; am. 2011, ch. 37, sec. 7, p. 89.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 22 - COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY › Section 70-2207 - RULES, POLICIES AND ORDERS.

70-2207. RULES, POLICIES AND ORDERS. An intermodal authority may adopt, amend, and repeal such reasonable rules, policies and orders as it considers necessary for its own administration, management, and governance as well as for the management, governance, and use of any transportation, storage, or other facility owned by it or under its control. No rule, policy, order or standard prescribed by the intermodal authority may be inconsistent with or contrary to any act of the congress of the United States or any law, rule, ordinance or resolution of the state of Idaho or the local governing body creating the intermodal authority. The intermodal authority shall keep on file at the principal office of the intermodal authority a copy of all its rules, policies and orders for public inspection.
History:
[70-2207, added 2004, ch. 353, sec. 1, p. 1055.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 22 - COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY › Section 70-2208 - SUPPLEMENTARY POWERS.

70-2208. SUPPLEMENTARY POWERS. In addition to the general and special powers conferred by this chapter, each intermodal authority may exercise all powers delegated to it by the governing body creating it and powers incidental to the exercise of such general and special powers contained herein.
History:
[70-2208, added 2004, ch. 353, sec. 1, p. 1055.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 22 - COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY › Section 70-2209 - GRANTING OF OPERATION AND USE PRIVILEGES.

70-2209. GRANTING OF OPERATION AND USE PRIVILEGES. In connection with the operation of transportation, storage, or other facilities owned or controlled by an intermodal authority, the intermodal authority may:
(1) Enter into contracts, leases, and other arrangements for terms not to exceed thirty (30) years:
(a) Granting the privilege of using or improving the intermodal authority facility or any portion or facility thereof or space therein for commercial purposes;
(b) Conferring the privilege of supplying goods, commodities, services or facilities at the intermodal authority facility; and
(c) Making available services to be furnished by the intermodal authority or its agents at the transportation, storage or other facility; and
(2) Establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service and must be established with due regard to the property and improvements used and the expenses of operation to the authority.
History:
[70-2209, added 2004, ch. 353, sec. 1, p. 1055.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 22 - COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY › Section 70-2210 - PROPERTY — DISPOSAL.

70-2210. PROPERTY — DISPOSAL. (1) Except as may be limited by the terms and conditions of any grant, loan or agreement entered into by the intermodal authority, notwithstanding the provisions in title 31, Idaho Code, an intermodal authority may, after a public hearing, sell, lease with a provision containing the right to transfer title or otherwise dispose of any transportation, storage or other facility or other property or portion of or interest in the intermodal authority’s facility or property acquired pursuant to this chapter.
(2) Notice of the public hearing shall be posted at least fourteen (14) days prior to the date of the hearing in at least one (1) conspicuous place in the county or city to be determined by the commissioners of the authority. A copy of such notice shall also be published in a daily or weekly newspaper published within such county or city in one (1) issue thereof at least fourteen (14) days prior to the date of the hearing. The place, hour and day of such hearing shall be specified in the notice.
History:
[70-2210, added 2004, ch. 353, sec. 1, p. 1056; am. 2006, ch. 75, sec. 5, p. 231; am. 2011, ch. 37, sec. 8, p. 90.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 22 - COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY › Section 70-2212 - DEBT SERVICE FUND.

70-2212. DEBT SERVICE FUND. An intermodal authority may create a debt service fund and accumulate therein a sum determined by the governing body, together with interest thereon, for the use, repairs, maintenance, and capital outlays of a county-based intermodal commerce authority.
History:
[70-2212, added 2004, ch. 353, sec. 1, p. 1057.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 22 - COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY › Section 70-2213 - FEDERAL, STATE AND LOCAL MONEY.

70-2213. FEDERAL, STATE AND LOCAL MONEY. An intermodal authority may accept, receive, receipt for, and spend federal, state and local money and other public or private money made available by grant, loan or appropriation to accomplish any of the purposes of this chapter and according to conditions of the grant, loan or appropriation. All federal money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the United States and consistent with state law. All state money accepted under this section must be accepted and spent by the intermodal authority upon terms and conditions prescribed by the state. All county or city money accepted under this section must be accepted and spent by the intermodal authority upon terms and conditions prescribed by the governing county or city.
History:
[70-2213, added 2004, ch. 353, sec. 1, p. 1058; am. 2011, ch. 37, sec. 10, p. 92.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-109 - BUREAU OF WEIGHTS AND MEASURES.

71-109. BUREAU OF WEIGHTS AND MEASURES. Within the department of agriculture there shall be a bureau of weights and measures. The director of the department of agriculture shall be the director of weights and measures. He shall appoint an inspection staff of weights and measures inspectors and necessary supervisory, technical and clerical personnel.
History:
[71-109, added 1969, ch. 43, sec. 5, p. 108; am. 1974, ch. 18, sec. 237, p. 364.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-110 - DUTIES OF DIRECTOR.

71-110. DUTIES OF DIRECTOR. The director shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this act, and shall together with the supervisory personnel and the inspectors enforce the provisions of this act and shall keep accurate records of the same. He shall have and keep general supervision over the weights and measures offered for sale, sold, or in use commercially in this state. The director shall report to the governor’s office when and as he is required to do so.
History:
[71-110, added 1969, ch. 43, sec. 6, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-111 - REGULATIONS FOR ENFORCEMENT.

71-111. REGULATIONS FOR ENFORCEMENT. The director shall issue regulations for the enforcement of this act, which regulations shall have the force and effect of law. The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, together with amendments thereto of the national conference on weights and measures recommended and published by national bureau of standards or its successor organization, the national institute of standards and technology, from time to time, shall be considered by the director in establishing such regulations and said regulations shall conform as nearly as possible to those recommended by the national bureau of standards or its successor organization, the national institute of standards and technology. The director may by regulations exempt apparatus from any or all of the requirements of this act.
History:
[71-111, added 1969, ch. 43, sec. 7, p. 108; am. 1990, ch. 37, sec. 2, p. 57.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-112 - TESTING WEIGHTS AND MEASURES USED IN PUBLIC INSTITUTIONS.

71-112. TESTING WEIGHTS AND MEASURES USED IN PUBLIC INSTITUTIONS. The director shall from time to time, test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, report his findings, in writing, to the supervisory board or to the executive officer of the institution concerned.
History:
[71-112, added 1969, ch. 43, sec. 8, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-113 - INSPECTION AND TESTING OF COMMERCIALLY-USED WEIGHTS AND MEASURES.

71-113. INSPECTION AND TESTING OF COMMERCIALLY-USED WEIGHTS AND MEASURES. The director shall have the power to inspect and test, to ascertain if they are correct, all weights and measures commercially used, kept, offered, or exposed for sale, and to determine the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or of count. The inspection, testing, and determinations here provided for shall be done under a schedule to be drawn up by the director.
History:
[71-113, added 1969, ch. 43, sec. 9, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-114 - INVESTIGATION OF COMPLAINTS OF AND POSSIBLE VIOLATIONS OF ACT.

71-114. INVESTIGATION OF COMPLAINTS OF AND POSSIBLE VIOLATIONS OF ACT. The director shall investigate complaints made to him concerning violations of the provisions of this act, and shall, upon his own initiative, conduct such investigations as he deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determinations and on possible violations of the provisions of this act, and shall have the power to subpoena witnesses or take depositions, throughout the state, in relation to investigations or any hearings held by him under this act.
History:
[71-114, added 1969, ch. 43, sec. 10, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-115 - VERIFICATION OF WEIGHT OR MEASURE OF CONTENTS OF PACKAGES — SAMPLING PROCEDURE — TAGGING NON-COMPLYING PACKAGES — SALE OF TAGGED PACKAGES PROHIBITED.

71-115. VERIFICATION OF WEIGHT OR MEASURE OF CONTENTS OF PACKAGES — SAMPLING PROCEDURE — TAGGING NON-COMPLYING PACKAGES — SALE OF TAGGED PACKAGES PROHIBITED. The director shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or exposed for sale or sold in accordance with law. When such packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of the law, the director may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this act, the director may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot. No person shall (1) sell, or keep, offer, or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements, or (2) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner, except with the specific approval of the director.
History:
[71-115, added 1969, ch. 43, sec. 11, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-116 - ENFORCEMENT ORDERS.

71-116. ENFORCEMENT ORDERS. The director shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of his enforcement of the provisions of this act he deems it necessary or expedient to issue such orders, and no person shall use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under the authority of this section.
History:
[71-116, added 1969, ch. 43, sec. 12, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-117 - SEALING OR MARKING CORRECT WEIGHTS AND MEASURES.

71-117. SEALING OR MARKING CORRECT WEIGHTS AND MEASURES. The director shall approve for use, and seal or mark with appropriate devices, such weights and measures as he finds upon inspection and test to be "correct" as defined in section 71-108, paragraph 12, [Idaho Code,] and shall reject and mark or tag as "rejected" such weights and measures as he finds, upon inspection or test, to be "incorrect" as defined in section 71-108, paragraph 12, [Idaho Code,] but which in his best judgment are susceptible of satisfactory repair: provided, that such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a regulation of the director issued under the authority of section 71-111[, Idaho Code]. The director shall condemn, and may seize and destroy, weights and measures found to be incorrect that, in his best judgment, are not susceptible of satisfactory repair, as provided for in section 71-308[, Idaho Code]. Weights and measures that have been rejected may be confiscated and may be destroyed by the director if not corrected as required by section 71-119, [Idaho Code,] or if used or disposed of contrary to the requirements of section 71-119, [Idaho Code,] as provided for in section 71-308[, Idaho Code].
History:
[71-117, added 1969, ch. 43, sec. 13, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-118 - SEIZURE OF WEIGHTS, MEASURES OR PACKAGES FOR EVIDENCE.

71-118. SEIZURE OF WEIGHTS, MEASURES OR PACKAGES FOR EVIDENCE. With respect to the enforcement of this act and any other acts dealing with weights and measures that he is or may be empowered to enforce, the director is hereby authorized to seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts or packages of a commodity found to be used, retained, offered, or exposed for sale or sold in violation of law. In the performance of his official duties, the director is authorized to enter and go into or upon, without formal warrant, any structure or premises and to stop any person whatsoever and to require him to proceed, with or without any vehicle of which he may be in charge, to some place which the director may specify.
History:
[71-118, added 1969, ch. 43, sec. 14, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-119 - REJECTED WEIGHTS AND MEASURES — CORRECTION OR DISPOSAL.

71-119. REJECTED WEIGHTS AND MEASURES — CORRECTION OR DISPOSAL. Weights and measures that have been rejected under the authority of the director or of an inspector shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section. The owners of such rejected weights and measures shall cause the same to be made correct within thirty (30) days or such longer period as may be authorized by the rejecting authority; or, in lieu of this, may dispose of the same, but only in such manner as is specifically authorized by the rejecting authority. Weights and measures that have been rejected shall not again be used commercially until they have been officially re-examined and found to be correct, or until specific written permission for such use is issued by the rejecting authority, or until the rejection tag has been removed and the rejected device repaired and placed in service by a person duly registered to perform such acts under a regulation issued by the director for the registration of weights and measures, servicemen and service agencies.
History:
[71-119, added 1969, ch. 43, sec. 15, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-120 - SERVICE FOR FEDERAL GOVERNMENT — TESTING AND WEIGHING OR MEASURING APPARATUS.

71-120. SERVICE FOR FEDERAL GOVERNMENT — TESTING AND WEIGHING OR MEASURING APPARATUS. (1) The director on behalf of the bureau of weights and measures may with the approval of the governor contract to perform services similar to those provided for by this act for any agency or subdivision of the federal government and may receive on behalf of the bureau of weights and measures funds from any such division or agency of the federal government to cover the expenses incurred in performing such services.
(2) At the request of any person, the director may inspect, test and seal weighing or measuring apparatus in addition to the testing required by law. Any person making such special request shall pay the bureau the necessary expenses incurred by it in making inspections and tests.
History:
[71-120, added 1969, ch. 43, sec. 34, p. 108; am. 1974, ch. 18, sec. 238, p. 364.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 1 - DIVISION OF WEIGHTS AND MEASURES › Section 71-121 - RULES — FEES — WEIGHTS AND MEASURES INSPECTION FUND.

71-121. RULES — FEES — WEIGHTS AND MEASURES INSPECTION FUND. The director shall have the authority to promulgate rules to establish fees for the licensing of weighing and measuring devices to compensate the state for the expense of administering weights and measures laws. The director shall collect a reasonable fee not to exceed the actual cost to the state of administering such laws. Fees shall be deposited with the state treasurer and shall be credited to the weights and measures inspection fund, which is hereby created and established. Moneys in the weights and measures inspection fund shall be invested as provided in section 67-1210, Idaho Code, and interest earned on investment of idle moneys in the fund shall be paid to the fund. Moneys in the fund shall be used solely for carrying out the provisions of title 71, Idaho Code, and may be expended only pursuant to legislative appropriation.
History:
[71-121, added 2003, ch. 355, sec. 3, p. 951.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-229 - UNITED STATES AND METRIC SYSTEMS JOINTLY RECOGNIZED.

71-229. UNITED STATES AND METRIC SYSTEMS JOINTLY RECOGNIZED. The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one (1) or both of these systems shall be used for all commercial purposes in the state of Idaho. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the national bureau of standards or its successor organization, the national institute of standards and technology, are recognized and shall govern weighing and measuring equipment and transactions in the state.
History:
[71-229, added 1969, ch. 43, sec. 2, p. 108; am. 1990, ch. 37, sec. 3, p. 57.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-230 - “BARREL,” “TON” AND “CORD” DEFINED.

71-230. "BARREL," "TON" AND "CORD" DEFINED. The term "barrel" when used in connection with fermented liquor shall mean a unit of thirty-one (31) gallons. The term "ton" shall mean a unit of two thousand (2,000) pounds avoirdupois weight. The term "cord" when used in connection with wood intended for fuel purposes shall mean the amount of wood that is contained in a space of one hundred twenty-eight (128) cubic feet when the wood is ranked and well stowed.
History:
[71-230, added 1969, ch. 43, sec. 3, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-231 - CERTIFICATION OF STATE STANDARDS — FIELD STANDARDS.

71-231. CERTIFICATION OF STATE STANDARDS — FIELD STANDARDS. The weights and measures of the state used as state standards shall, when they have been certified as being satisfactory for use by the national bureau of standards or its successor organization, the national institute of standards and technology, be the state standards of weight and measure and they shall be maintained in such calibration as prescribed by the national institute of standards and technology. There shall also be "field standards" and such equipment as may be found necessary to carry out the provisions of this act. Said field standards shall be tested by the bureau each year.
History:
[71-321, added 1969, ch. 43, sec. 4, p. 108; am. 1974, ch. 18, sec. 239, p. 364; am. 1990, ch. 37, sec. 4, p. 57; am. 1991, ch. 32, sec. 1, p. 70.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-232 - SALE OF COMMODITIES BY WEIGHT OR MEASURE — EXCEPTIONS.

71-232. SALE OF COMMODITIES BY WEIGHT OR MEASURE — EXCEPTIONS. Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this act, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count; provided, that liquid commodities may be sold by weight and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold: and provided further, that the provisions of this section shall not apply (1) to commodities when sold for immediate consumption on the premises where sold, (2) to vegetables when sold by the head or bunch, (3) to commodities in containers standardized by a law of this state or by federal law, (4) to commodities in package form when there exists a general consumer usage to express the quality in some other manner, (5) to concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure, or (6) to unprocessed vegetable and animal fertilizer when sold by cubic measure. The director may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest.
History:
[71-232, added 1969, ch. 43, sec. 16, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-233 - PACKAGED COMMODITIES — LABEL REQUIRED — CONTENTS.

71-233. PACKAGED COMMODITIES — LABEL REQUIRED — CONTENTS. Any packaged commodity, introduced or received into intrastate commerce or kept, offered or exposed for sale shall bear on the outside of the package declarations of: (1) the identity of the commodity in the package, (2) the net quantity of the contents in terms of weight, measure or count, and (3) where the package is not sold where packed the name and place of business of the manufacturer, packer or distributor. The director may by regulation provide for use and/or methods of labeling, qualifying terms, reasonable variations, exceptions, exemptions, declarations of price, random packages, misleading packages, standards of net weight, measure or count and standards of fill, and advertising. In adopting such regulations the director may consider the appropriate federal packaging and labeling laws and regulations and all commodities packaged in compliance with such federal laws and regulations.
History:
[71-233, added 1969, ch. 43, sec. 17, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-234 - MISREPRESENTATION OF PRICE PROHIBITED — FRACTIONS OF CENTS.

71-234. MISREPRESENTATION OF PRICE PROHIBITED — FRACTIONS OF CENTS. Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half (1/2) the height and width of the numerals representing the whole cents.
History:
[71-234, added 1969, ch. 43, sec. 18, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-235 - SALE OF MEAT, POULTRY AND SEAFOOD BY WEIGHT REQUIRED — EXCEPTIONS.

71-235. SALE OF MEAT, POULTRY AND SEAFOOD BY WEIGHT REQUIRED — EXCEPTIONS. Except for immediate consumption on the premises where sold, or as one (1) of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry (whole or parts), and all seafood except shellfish, offered or exposed for sale or sold as food shall be offered or exposed for sale and sold by weight. When meat, poultry or seafood is combined with or associated with some other food product or a food combination, such food product or combination shall be offered or exposed for sale and sold by weight, and the quantity representation may be the total weight of the product of combination, and a quantity representation need not be made for each of the several elements of the product or combination.
History:
[71-235, added 1969, ch. 43, sec. 19, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-236 - SIZES OF LOAVES OF BREAD PERMITTED.

71-236. SIZES OF LOAVES OF BREAD PERMITTED. Each loaf of bread kept, offered, or exposed for sale, or sold, whether or not the bread is packaged or sliced, shall be sold by weight unless specifically exempted by rules promulgated by the director.
History:
[71-236, added 1969, ch. 43, sec. 20, p. 108; am. 1998, ch. 134, sec. 1, p. 491.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-237 - BUTTER, OLEOMARGARINE, MARGARINE, BUTTER-LIKE AND MARGARINE-LIKE SPREADS.

71-237. BUTTER, OLEOMARGARINE, MARGARINE, BUTTER-LIKE AND MARGARINE-LIKE SPREADS. Butter, oleomargarine, margarine, butter-like and margarine-like spreads shall be offered and exposed for sale and sold by weight. Butter-like and margarine-like spreads are those products that meet the federal standard of identity for butter or margarine and oleomargarine except that they contain less than eighty percent (80%) fat and may contain other safe and suitable ingredients.
History:
[71-237, added 1969, ch. 43, sec. 21, p. 108; am. 1991, ch. 33, sec. 1, p. 70; am. 1998, ch. 134, sec. 2, p. 492.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-238 - FLUID DAIRY AND MILK PRODUCTS.

71-238. FLUID DAIRY AND MILK PRODUCTS. All fluid dairy and milk products including, but not limited to, whole milk, skimmed milk, cultured milk, sweet cream, sour cream, and buttermilk, shall be sold in units of fluid volume.
History:
[71-238, added 1969, ch. 43, sec. 22, p. 108; am. 1975, ch. 231, sec. 1, p. 634; am. 1998, ch. 134, sec. 3, p. 492.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-239 - FLOUR, HOMINY GRITS AND CORN MEAL.

71-239. FLOUR, HOMINY GRITS AND CORN MEAL. When in package form and when packed, kept, offered, or exposed for sale or sold, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour and enriched self-rising flour, enriched bromated flour, corn flour, corn meal, and hominy grits, whether enriched or not, shall be sold by weight.
History:
[71-239, added 1969, ch. 43, sec. 23, p. 108; am. 1998, ch. 134, sec. 4, p. 492.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-240 - DELIVERY IN BULK — DUPLICATE DELIVERY TICKET SHOWING WEIGHT.

71-240. DELIVERY IN BULK — DUPLICATE DELIVERY TICKET SHOWING WEIGHT. When a vehicle delivers to an individual purchaser a commodity in bulk, and the commodity is sold in terms of weight units, the delivery shall be accompanied by a duplicate delivery ticket with the following information clearly stated, in ink or by means of other indelible marking equipment and, in clarity, equal to type or printing, (1) the name and address of the vendor, (2) the name and address of the purchaser, and (3) the net weight of the delivery expressed in pounds, and, if the net weight is derived from determinations of gross and tare weights, such gross and tare weights also shall be stated in terms of pounds. One (1) of these tickets shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of delivery of the commodity, or shall be surrendered, on demand, to the director, or the bureau chief or the inspector, who, if he desires to retain it as evidence, shall issue a weight slip in lieu thereof for delivery to the purchaser; provided, that, if the purchaser, himself, carries away his purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered to him.
History:
[71-240, added 1969, ch. 43, sec. 24, p. 108; am. 1974, ch. 18, sec. 240, p. 364.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-242 - BERRIES AND SMALL FRUIT — HOW SOLD.

71-242. BERRIES AND SMALL FRUIT — HOW SOLD. Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of one-half (1/2) dry pint, one (1) dry pint, or one (1) dry quart.
History:
[71-242, added 1969, ch. 43, sec. 26, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 2 - STANDARDS › Section 71-243 - FRACTIONAL PARTS OF UNITS OF WEIGHT OR MEASURE.

71-243. FRACTIONAL PARTS OF UNITS OF WEIGHT OR MEASURE. Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in sections 71-229 and 71-230, [Idaho Code,] and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement.
History:
[71-243, added 1969, ch. 43, sec. 27, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 3 - ENFORCEMENT AND PENALTIES › Section 71-303 - INTERFERING WITH OFFICERS — PENALTY.

71-303. INTERFERING WITH OFFICERS — PENALTY. Any person who shall hinder or obstruct in any way the director, administrator or bureau chief, or any of the inspectors, in the performance of his official duties shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars ($20.00) or more than two hundred dollars ($200), or by imprisonment for not more than three (3) months, or by both such fine and imprisonment.
History:
[71-303, added 1969, ch. 43, sec. 28, p. 108; am. 1974, ch. 18, sec. 241, p. 364.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 3 - ENFORCEMENT AND PENALTIES › Section 71-304 - IMPERSONATION OF OFFICERS — PENALTY.

71-304. IMPERSONATION OF OFFICERS — PENALTY. Any person who shall impersonate in any way the director, the administrator or bureau chief, or any one (1) of the inspectors, by the use of his seal or a counterfeit of his seal, or in any other manner, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
History:
[71-304, added 1969, ch. 43, sec. 29, p. 108; am. 1974, ch. 18, sec. 242, p. 364.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 3 - ENFORCEMENT AND PENALTIES › Section 71-305 - ACTS CONSTITUTING MISDEMEANORS — PENALTIES.

71-305. ACTS CONSTITUTING MISDEMEANORS — PENALTIES. Any person who, by himself, or by his servant or agent, or as the servant or agent of another person, performs any one (1) of the acts enumerated in subparagraphs (1) through (9) of this section shall be guilty of a misdemeanor and, upon first conviction thereof, shall be punished by a fine of not less than twenty dollars ($20.00) or more than two hundred dollars ($200) or by imprisonment for not more than three (3) months, or by both such fine and imprisonment. Upon a second or subsequent conviction thereof, he shall be punished by a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
(1) Use or have in possession for the purpose of using for any commercial purpose specified in section 71-113, [Idaho Code,] sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure.
(2) Use, or have in possession for the purpose of current use for any commercial purpose specified in section 71-113, [Idaho Code,] a weight or measure that does not bear a seal or mark such as is specified in section 71-117, unless such weight or measure has been exempted from testing by the provisions of section 71-113[,Idaho Code,] or by a regulation of the director issued under the authority of section 71-111, [Idaho Code,] or unless the apparatus has been placed in service as provided by a regulation of the director issued under the authority of section 71-111[, Idaho Code].
(3) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation.
(4) Remove from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed thereon by the appropriate authority.
(5) Sell, or offer to expose for sale, less than the quantity he represents of any commodity, thing or service.
(6) Take more than the quantity he represents of any commodity, thing, or service, when, as buyer, he furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined.
(7) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell any commodity, thing, or service in a condition or manner contrary to law or regulation.
(8) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer.
(9) Violate any provision of this act or of the regulations promulgated under the provisions of this act for which a specific penalty has not been prescribed.
History:
[71-305, added 1969, ch. 43, sec. 30, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 3 - ENFORCEMENT AND PENALTIES › Section 71-306 - INJUNCTIONS — IMPOUNDING OF COMMODITIES.

71-306. INJUNCTIONS — IMPOUNDING OF COMMODITIES. The director is authorized to apply to any district court for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provisions of this act, and may order any commodity or weight or measure to be seized and held pending the outcome of said action.
History:
[71-306, added 1969, ch. 43, sec. 31, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 3 - ENFORCEMENT AND PENALTIES › Section 71-307 - PRESUMPTIVE PROOF OF USE OF WEIGHT OR MEASURE.

71-307. PRESUMPTIVE PROOF OF USE OF WEIGHT OR MEASURE. For the purposes of this act, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, inclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence on [of] conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, inclosure, stand or vehicle.
History:
[71-307, added 1969, ch. 43, sec. 32, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 3 - ENFORCEMENT AND PENALTIES › Section 71-308 - REVIEW OF ORDERS — APPEAL.

71-308. REVIEW OF ORDERS — APPEAL. (1) Any person aggrieved by any "stop-use order," "stop-removal order," "removal order," "rejection," "condemnation," "off sale order" or other action or investigation made or done pursuant to this act may within thirty (30) days after an order is issued or any action is taken, petition the director for a hearing to determine the matter as provided for in relation to contested cases by chapter 52, title 67, Idaho Code, and may thereafter as provided for in chapter 52, title 67, Idaho Code, appeal any decision of the director.
(2) The director shall give due notice and hold a hearing within ten (10) days after confiscating any apparatus or commodity under section 71-117[, Idaho Code,] or seizing any apparatus of [or] commodity for evidence under section 71-118[, Idaho Code]. Said hearing shall be held under the provisions of chapter 52, title 67, Idaho Code, and shall be for the purpose of determining whether any such commodity or apparatus was properly confiscated or seized, and to determine whether or not such commodity or apparatus was used for, or is in, violation of any provision of this act, and to determine the disposition to be made of such commodity or apparatus. Any such decision may be appealed from as provided for in chapter 52, title 67, Idaho Code.
History:
[71-308, added 1969, ch. 43, sec. 33, p. 108.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 4 - LICENSING OF WEIGHMASTERS › Section 71-401 - SHORT TITLE — DEFINITIONS.

71-401. SHORT TITLE — DEFINITIONS. (1) This chapter may be cited as the "Weighmaster Standards Act."
(2) Definitions — When used in this chapter:
(a) "Director" means the director of the Idaho department of agriculture.
(b) "Department" means the department of agriculture of the state of Idaho.
(c) "Weighmaster" means any person who weighs grains, dry peas, potato starch, dry beans, leguminous and all other small seeds, hay, wool, bulk potatoes, bulk fertilizers, sugar beets, and feeds.
History:
[(71-401) I.C.A., sec. 69-401, added 1949, ch. 155, sec. 1, p. 332; am. 1976, ch. 120, sec. 1, p. 461; am. 2020, ch. 141, sec. 1, p. 431.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 4 - LICENSING OF WEIGHMASTERS › Section 71-402 - WEIGHMASTERS.

71-402. WEIGHMASTERS. Any person acting as a weighmaster shall comply with the provisions of this act.
History:
[(71-402) I.C.A., sec. 69-402, added 1949, ch. 155, sec. 1, p. 332; am. 1957, ch. 99, sec. 1, p. 173; am. 1961, ch. 52, sec. 1, p. 80; am. 1967, ch. 185, sec. 1, p. 612; am. 1974, ch. 18, sec. 243, p. 364; am. 1984, ch. 18, sec. 1, p. 21; am. 2001, ch. 145, sec. 1, p. 515; am. 2020, ch. 141, sec. 2, p. 432.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 4 - LICENSING OF WEIGHMASTERS › Section 71-407 - GIVING FALSE WEIGHT TICKETS.

71-407. GIVING FALSE WEIGHT TICKETS. Any person who shall mark, alter, stamp, or write any false weight ticket, scale ticket, or weight certificate, knowing it to be false, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not to exceed three hundred dollars ($300) for each offense, or imprisoned in the county jail for not more than six (6) months, or both.
History:
[(71-407) I.C.A., sec. 69-407, as added by 1949, ch. 155, sec. 1, p. 332; am. 1957, ch. 99, sec. 3, p. 173.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 4 - LICENSING OF WEIGHMASTERS › Section 71-408 - ENFORCEMENT OF ACT — RULES AND REGULATIONS.

71-408. ENFORCEMENT OF ACT — RULES AND REGULATIONS. The director of the department of agriculture may adopt and publish rules and regulations necessary for the administration of this act.
History:
[(71-408) I.C.A., sec. 69-408, as added by 1949, ch. 155, sec. 1, p. 332; am. 1974, ch. 18, sec. 245, p. 364.]
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 4 - LICENSING OF WEIGHMASTERS › Section 71-409 - DISPOSITION OF FEES.

71-409. DISPOSITION OF FEES. All fees collected by the director of the department of agriculture under the provisions of this act shall be deposited in the weights and measures dedicated fund [weights and measures inspection fund] of the state treasury.
History:
[(71-409) I.C.A., sec. 69-409, as added by 1949, ch. 155, sec. 1, p. 332; am. 1950 (E.S.), ch. 13, sec. 1, p. 24; am. 1974, ch. 18, sec. 246, p. 364; am. 2012, ch. 43, sec. 1, p. 131.]