reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1522 - LICENSES.

37-1522. LICENSES. (a) No person shall act as a distributor of eggs in the state of Idaho without first obtaining a license therefor from the director for each physically separate establishment at which such business is conducted.
(b) No producer or distributor shall engage in candling eggs for official grade designation in the state of Idaho without first obtaining a license therefor from the director. Each producer or distributor who candles or assigns grades to eggs shall have or designate an individual candler who shall be responsible for making this determination.
(c) Each application for a license under this act shall be in writing upon forms prescribed by the director, and shall be accompanied by the annual license fee contemplated in section 37-1523, Idaho Code.
(d) Each license shall be in a form prescribed by the director and shall bear the license number assigned to each licensee.
(e) The license of a distributor shall be conspicuously displayed and posted at the separate establishment for which that license is issued. The license of an egg candler shall be conspicuously displayed and posted at the place of business where that egg candler is performing those services.
(f) The director shall refuse to issue a license to a distributor or egg candler who at the time of application therefor is not complying fully with the regulations and standards adopted, established and prescribed therefor under the provisions of this act; and shall be empowered to revoke or suspend a license issued to a distributor or egg candler upon determination of noncompliance with these regulations and standards or during the period of noncompliance with these regulations and standards.
History:
[37-1522, added 1963, ch. 143, sec. 4, p. 406; am. 1974, ch. 18, sec. 175, p. 364; am. 1982, ch. 26, sec. 2, p. 52.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1523 - FEES — RENEWAL.

37-1523. FEES — RENEWAL. (a) The annual license fee for each physically separate establishment of a distributor shall be twenty dollars ($20.00). The annual license fee for each egg candler shall be five dollars ($5.00). The period for which the license fee is paid and for which the license is issued shall be July first to and including the following June thirtieth, and if the license is issued within that period the license fee shall nevertheless be the full amount above stated. Each license shall be renewed on July first of each year.
(b) All license fees, assessments and moneys collected by the director under the provisions of this act shall be placed in a separate fund in the state treasury to be used by the director solely for the purpose of inspection, administration and the enforcement of this act.
History:
[37-1523, added 1963, ch. 143, sec. 5, p. 406; am. 1974, ch. 18, sec. 176, p. 364; am. 1975, ch. 175, sec. 2, p. 477; am. 1982, ch. 26, sec. 3, p. 52.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1524 - STATEMENTS ON CONTAINER.

37-1524. STATEMENTS ON CONTAINER. (a) Each carton or other container in which eggs are being sold or offered for sale by a distributor, egg handler or dealer in the state of Idaho shall bear:
(1) A legible statement of the grade and size of eggs.
(2) A legible statement of the name and address of the distributor by or for whom the eggs were graded and candled.
(b) The words "fresh," "country," "hennery," "ranch" or words of similar import shall not be deemed a substitute for official grade designation. Each advertisement of eggs for sale by a dealer shall plainly and conspicuously indicate the official grade and size thereof.
History:
[37-1524, added 1963, ch. 143, sec. 6, p. 406; am. 1974, ch. 18, sec. 177, p. 364; am. 1975, ch. 175, sec. 4, p. 477.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1525 - RECORDS — ENFORCEMENT.

37-1525. RECORDS — ENFORCEMENT. The director is hereby directed and empowered:
(a) To administer and enforce the provisions of this act.
(b) To require records to be kept. Every distributor and dealer purchasing or selling eggs in the state of Idaho shall keep a record of each purchase and a record of each sale other than to a consumer. Such record may be an invoice or sales slip and shall show the date of such transaction and the name and address of the person with whom such transaction was made. Such records shall be held for a period of at least two (2) years and shall be open for examination by a representative of the director at any reasonable time.
(c) To require each person who sells to any retailer, or to any restaurant, hotel, boarding house, baker, or other institution or concern which purchases eggs for serving to guests or patrons thereof or for its use in preparation of any food products for human consumption, candled or graded eggs other than those of his own production sold and delivered on the premises where produced, to furnish that retailer or other purchaser with an invoice covering each such sale, showing the exact grade or quality and the size or weight of the eggs sold, according to the standards prescribed, together with the name and address of the person by whom the eggs were sold.
(d) Through authorized representatives to enter and inspect any place or conveyance of a distributor or dealer within the state of Idaho where eggs are candled, stored, packed, delivered for shipment, loaded, shipped, transported or sold, and may inspect all invoices, eggs and the cases and containers thereof and equipment found in such places or conveyances, and may take copies of invoices and representative samples of eggs and the cases and containers thereof found in such places or conveyances for inspection and for the purpose of determining whether or not any provisions of this act have been violated.
(e) Through authorized representatives to seize and hold as evidence an advertisement, sign, placard, invoice, case or container of eggs, or such part of any pack, load, lot, consignment or shipment of eggs packed, stored, delivered for shipment, loaded, shipped, transported or sold in violation of any provision of this act, reasonably necessary to establish the fact of such violation.
History:
[37-1525, added 1963, ch. 143, sec. 7, p. 406; am. 1974, ch. 18, sec. 178, p. 364; am. 1982, ch. 26, sec. 5, p. 54.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1526 - VIOLATION A MISDEMEANOR — PENALTIES.

37-1526. VIOLATION A MISDEMEANOR — PENALTIES. Any person convicted of violating any provisions of this act or the rules and regulations issued thereunder or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the director or his duly authorized representative in performance of his duty in connection with the provisions of this act, shall be adjudged guilty of a misdemeanor and shall be fined not more than one hundred dollars ($100) for the first violation, and not less than one hundred dollars ($100) or more than three hundred dollars ($300) for a subsequent violation.
History:
[37-1526, added 1963, ch. 143, sec. 8, p. 406; am. 1974, ch. 18, sec. 179, p. 364.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1527 - DIRECTOR’S DISCRETIONARY ACTION.

37-1527. DIRECTOR’S DISCRETIONARY ACTION. Nothing in this act shall be construed as requiring the director or his representative to report for prosecution or for the institution of seizure proceeding a minor violation of the act when he believes that the public interest will be best served by a suitable warning notice in writing.
Before the director reports a violation for such prosecution, an opportunity shall be given the person in asserted violation to present his understanding of the facts to the director.
History:
[37-1527, added 1963, ch. 143, sec. 9, p. 406; am. 1974, ch. 18, sec. 180, p. 364.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1528 - DUTY TO PROSECUTE.

37-1528. DUTY TO PROSECUTE. It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction.
History:
[37-1528, added 1963, ch. 143, sec. 10, p. 406.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1529 - RIGHT TO INJUNCTION.

37-1529. RIGHT TO INJUNCTION. The director is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this act or any rules or regulations promulgated under this act notwithstanding the existence of other remedies at law, said injunction to be issued without bond.
History:
[37-1529, added 1963, ch. 143, sec. 11, p. 406; am. 1974, ch. 18, sec. 181, p. 364.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 15 - EGGS AND EGG PRODUCTS › Section 37-1530 - CONTRACTS WITH FEDERAL GOVERNMENT.

37-1530. CONTRACTS WITH FEDERAL GOVERNMENT. The director of the department of agriculture may with the approval of the governor contract with any agency or subdivision of the federal government in relation to egg or egg product inspection, and may also receive on behalf of state egg or egg product inspection or for federal egg or egg product inspection, funds from any division or agency of the federal government.
History:
[I.C.A., sec. 37-1530, as added by 1969, ch. 39, sec. 3, p. 97; am. 1974, ch. 18, sec. 182, p. 364.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 21 - DOMESTIC WATER AND ICE › Section 37-2101 - MANUFACTURE AND STORAGE OF ICE.

37-2101. MANUFACTURE AND STORAGE OF ICE. Ice manufactured or stored for human consumption shall be made from pure water, and shall be kept stored in clean places free from all filth, offal, refuse, and polluted waters and separate and removed from contact with animal or vegetable matter, and not in proximity to any cesspool, privy vault or sewer, nor in places where such ice may be subject to contamination from, or in the action of, acids, oils, noxious, offensive or injurious gases, smoke or vapors; and all ice manufactured or stored in violation of this section shall be deemed polluted ice and not fit for human consumption; and it shall be unlawful to sell, offer for sale, or store for sale such polluted ice, for human consumption.
History:
[(37-2101) 1913, ch. 173, sec. 1, p. 549; reen. C.L. 65:85; C.S., sec. 1752; am. 1921, ch. 176, sec. 1, p. 370; I.C.A., sec. 36-1201.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 21 - DOMESTIC WATER AND ICE › Section 37-2103 - VIOLATION A MISDEMEANOR.

37-2103. VIOLATION A MISDEMEANOR. Any person, persons, corporation, corporations or officers of a municipality, failing or neglecting to comply with any of the provisions of this chapter shall be guilty of a misdemeanor.
History:
[(37-2103) 1913, ch. 173, sec. 2, last part, p. 550; reen. C.L. 65:87; C.S., sec. 1754; am. 1921, ch. 176, sec. 3, p. 370; I.C.A., sec. 36-1203.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2501 - ADULTERATED OR MISBRANDED OIL — MANUFACTURE AND SALE UNLAWFUL.

37-2501. ADULTERATED OR MISBRANDED OIL — MANUFACTURE AND SALE UNLAWFUL. It shall be unlawful for any person to manufacture, sell, keep for sale, or offer for sale within the state of Idaho any gasoline, benzine, naphtha, lubricating oil or grease, road oil, bituminous road materials, diesel fuel, fuel oil for boilers and internal combustion engines, which is adulterated or misbranded within the meaning of this chapter, and any person who shall manufacture, sell, keep for sale, or offer for sale any of the above-named articles, which is adulterated or misbranded, within the meaning of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than twenty-five dollars ($25.00), nor more than $300.00, and each and every sale in violation hereof shall be deemed a separate offense.
History:
[(37-2501) 1917, ch. 124, sec. 1, p. 411; reen. C.L. 65:116; C.S., sec. 1783; I.C.A., sec. 36-1601; am. 1967, ch. 150, sec. 1, p. 338.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2502 - INSPECTION.

37-2502. INSPECTION. It shall be the duty of the department of agriculture to inspect and take samples of the above-named articles that are manufactured, kept for sale, or offered for sale, or sold within the state of Idaho and to cause the same to be tested and to enforce the provisions of this chapter.
History:
[(37-2502) 1917, ch. 124, sec. 2, p. 411; reen. C.L. 65:117; C.S., sec. 1784; I.C.A., sec. 36-1602; am. 1939, ch. 96, sec. 1, p. 162; am. 1974, ch. 18, sec. 211, p. 364.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2503 - RIGHT OF ACCESS FOR INSPECTION — PENALTY FOR OBSTRUCTING ENTRY OR INSPECTION.

37-2503. RIGHT OF ACCESS FOR INSPECTION — PENALTY FOR OBSTRUCTING ENTRY OR INSPECTION. For obtaining information regarding the suspected violation of this chapter, the department of agriculture shall have access to all places where the above-named articles are sold, offered for sale or kept for sale, manufactured or transported, or stored, and may take samples therefrom for analysis, tendering payment therefor. Any person obstructing such entry or inspection, or failing upon request to assist therein shall be guilty of a misdemeanor and shall be punished as provided in section 37-2501, Idaho Code.
History:
[(37-2503) 1917, ch. 124, sec. 4, p. 412; reen. C.L. 65:118; C.S., sec. 1785; I.C.A., sec. 36-1603; am. 1939, ch. 96, sec. 2, p. 162; am. 1974, ch. 18, sec. 212, p. 364.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2504 - OIL TO BE LABELED.

37-2504. OIL TO BE LABELED. Gasoline, benzine, naphtha, lubricating oil and grease, road oil, bituminous road materials, diesel fuel and fuel oil must be sold under their true name and grades, respectively, and such names and grades must be impressed or otherwise plainly marked upon the barrel, can, vessel, or other container in which the same is stored, sold, offered or exposed for sale, respectively, or upon a label conspicuously and securely fastened thereto, giving the true name and grade of the product, name and address of manufacturer or dealer, who sells the same.
History:
[(37-2504) 1917, ch. 124, sec. 3, p. 411; reen. C.L. 65:119; C.S., sec. 1786; I.C.A., sec. 36-1604; am. 1967, ch. 150, sec. 2, p. 338.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2505 - CONFISCATION OF UNLAWFUL ARTICLES.

37-2505. CONFISCATION OF UNLAWFUL ARTICLES. Possession by any person of any of the articles above-named in this chapter shall be considered prima facie evidence that the same is kept by such person for sale and, if in violation of this chapter, the department of agriculture shall be authorized to seize upon and take possession of such article and upon the order of any court of competent jurisdiction its official shall destroy the same: provided, that in case the legal disability which exists against such article is one which can be removed by proper labeling, the official shall relabel and sell the same and pay the proceeds into the state treasury.
History:
[(37-2505) 1917, ch. 124, sec. 5, p. 412; reen. C.L. 65:120; C.S., sec. 1787; I.C.A., sec. 36-1605; am. 1974, ch. 18, sec. 213, p. 364.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2506 - QUALITY STANDARDS.

37-2506. QUALITY STANDARDS. The standards of quality for motor gasoline, benzine, naphtha, grease, road oil, bituminous road products, fuel oil for heating purposes and diesel fuel shall be the latest specifications adopted by the American Society for Testing and Materials or other specifications adopted as standard by an Idaho governmental agency for its use, for those products. Motor oils shall conform to the latest viscosity classifications of the Society of Automotive Engineers. Motor oils falling outside those viscosity classifications shall not carry the SAE designation.
History:
[I.C., sec. 37-2506, as added by 1967, ch. 150, sec. 4, p. 338.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2507 - ANALYSIS BY CHEMIST.

37-2507. ANALYSIS BY CHEMIST. The department of agriculture is directed to make, or accomplish by contract with qualified laboratories, all analyses and tests of articles inspected in this chapter and to employ, in such analyses and tests, the standard methods of analysis which have been or shall be adopted by the American Society for Testing and Materials or other standard methods of analysis adopted as standard by an Idaho governmental agency when analyzing or testing products for such agency’s use.
History:
[(37-2507) 1917, ch. 124, sec. 7, p. 412; reen. C.L. 65:122; C.S., sec. 1789; I.C.A., sec. 36-1607; am. 1939, ch. 96, sec. 3, p. 162; am. 1967, ch. 150, sec. 5, p. 338; am. 1974, ch. 18, sec. 214, p. 364.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2508 - CHEMIST AS WITNESS.

37-2508. CHEMIST AS WITNESS. In all prosecutions arising under this chapter the certificate of any chemist from a qualified testing laboratory as approved by the department of agriculture, when duly sworn to by such officer shall be prima facie evidence of the fact or facts therein certified, or in case it is necessary for such chemist to appear as a witness in court, the judge of the district court wherein such trial shall be held, shall issue a subpoena for his attendance at the trial and it shall be the duty of such chemist to obey such subpoena, and all his actual and necessary expenses shall be paid by the county wherein such trial is held in the same manner that county officers are paid and, in case of conviction, shall be charged to the defendant as part of the costs of prosecution.
History:
[(37-2508) 1917, ch. 124, sec. 8, p. 413; reen. C.L. 65:123; C.S., sec. 1790; I.C.A., sec. 36-1608; am. 1974, ch. 18, sec. 215, p. 364; am. 1990, ch. 379, sec. 1, p. 1053.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2509 - DUTY OF ATTORNEY GENERAL AND PROSECUTING ATTORNEYS.

37-2509. DUTY OF ATTORNEY GENERAL AND PROSECUTING ATTORNEYS. It shall be the duty of the attorney general of the state of Idaho or the prosecuting attorney in any county of the state, when called upon by the department of agriculture, to render all legal assistance in his power to execute the provisions of this chapter and to prosecute cases arising under this chapter.
History:
[(37-2509) 1917, ch. 124, sec. 9, p. 413; reen. C.L. 65:124; C.S., sec. 1791; I.C.A., sec. 36-1609; am. 1939, ch. 96, sec. 4, p. 162; am. 1974, ch. 18, sec. 216, p. 364.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2510 - PENALTY OF PUBLICITY.

37-2510. PENALTY OF PUBLICITY. When any person has been convicted of manufacturing, selling, keeping for sale or offering for sale within the state of Idaho any gasoline, benzine, naphtha, lubricating oil or grease, road oil, bituminous road materials, diesel fuel and fuel oil for boilers and internal combustion engines, which is adulterated or misbranded, it shall be the duty of the department of agriculture to publish the fact in at least one (1) newspaper published in the county in which such adulterated or misbranded article or articles is found, giving the name of the article, the name of the manufacturer, the name of the dealer or person selling or offering the same for sale and such other information as will be beneficial to the consumers.
History:
[(37-2510) 1917, ch. 124, sec. 10, p. 413; reen. C.L. 65:125; C.S., sec. 1792; I.C.A., sec. 36-1610; am. 1939, ch. 96, sec. 5, p. 162; am. 1967, ch. 150, sec. 6, p. 338; am. 1974, ch. 18, sec. 217, p. 364; am. 1990, ch. 379, sec. 2, p. 1054.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2511 - PERSON DEFINED.

37-2511. PERSON DEFINED. The word "person," as used in this chapter shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies and associations. When construing and enforcing the provisions of this chapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society or association as well as that of the person.
History:
[(37-2511) 1917, ch. 124, sec. 11, p. 413; reen. C.L. 65:126; C.S., sec. 1793; I.C.A., sec. 36-1611.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2512 - ADULTERATION OF OILS — MISBRANDED DEFINED.

37-2512. ADULTERATION OF OILS — MISBRANDED DEFINED. For the purposes of this chapter an article shall be deemed to be adulterated:
1. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality, purity or strength.
2. If any substance has been substituted, wholly or in part, for the article.
3. If the article fails to conform to any of the requirements of the standards of quality, purity and strength adopted by the American Society for Testing and Materials or other specifications adopted as standard by an Idaho governmental agency for its use.
The term "misbranded," as used herein, shall apply to all articles, the package or label of which shall bear any statement, design or device regarding such article, or the ingredients or substances contained therein, or the properties of such article which are false or misleading in any particular whatsoever.
History:
[(37-2512) 1917, ch. 124, sec. 12, p. 413; reen. C.L. 65:127; C.S., sec. 1794; I.C.A., sec. 36-1612; am. 1967, ch. 150, sec. 7, p. 338.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2513 - DISPOSITION OF FINES.

37-2513. DISPOSITION OF FINES. All fines, exclusive of costs, collected by any of the courts of this state, as penalties, for the violation of this chapter or any of its provisions, shall be paid by the proper officers of said court to the state treasurer of the state of Idaho.
History:
[(37-2513) 1917, ch. 124, sec. 14, p. 414; reen. C.L. 65:128; C.S., sec. 1795; I.C.A., sec. 36-1613.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2514 - RECLAIMED OIL DEFINED.

37-2514. RECLAIMED OIL DEFINED. Reclaimed oil as used in this act is defined as any lubricating oil or motor oil which has been previously used for the lubrication of internal combustion engines or any gearing or shafting attached to or connected thereto, or for any other lubricating purpose and includes any lubricating or motor oil which after such use has been re-run, filtered, redistilled, settled or reprocessed in any manner.
History:
[37-2514, added 1951, ch. 237, sec. 1, p. 490.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2515 - SIGN OR LABEL ON CONTAINERS — CONTAINERS OF ONE GALLON OR LESS.

37-2515. SIGN OR LABEL ON CONTAINERS — CONTAINERS OF ONE GALLON OR LESS. Except as provided in this act containers of reclaimed oil which is sold or offered for sale or delivery shall bear a superimposed sign or label of rectangular shape not less than four (4) by six (6) inches containing the words "reclaimed motor oil" or "lubricating oil, reclaimed" in red letters of gothic type over a white background with a stroke of not less than one-eighth inch (1/8") in width and not less than three-fourths inch (3/4") in height.
On all containers of reclaimed oil which is sold or offered for sale of one (1) gallon or less, a superimposed sign or label of rectangular shape of not less than two (2) by three (3) inches containing the words "reclaimed motor oil" or "lubricating oil, reclaimed," in red letters of gothic type over a white background with a stroke of not less than one-sixteenth inch (1/16") in width and not less than one-half inch (1/2") in height shall be sufficient.
Lubricants blended with re-refined/recycled oil shall be labeled as such. The size type on containers of one (1) gallon or less shall be at least one-eighth inch (1/8") high and on containers larger than one (1) gallon at least one-fourth inch (1/4") high.
History:
[37-2515, added 1951, ch. 237, sec. 2, p. 490; am. 1994, ch. 425, sec. 1, p. 1333.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2516 - PRODUCT BLENDED WITH RECLAIMED OIL.

37-2516. PRODUCT BLENDED WITH RECLAIMED OIL. If any reclaimed oil is used in blending or compounding in any other petroleum product sold or offered for sale or delivery the fact of such blending or compounding shall be indicated on all containers in the manner required by this act for containers of reclaimed oil.
Lubricants blended with re-refined/recycled oil shall be labeled as such. The size type on containers of one (1) gallon or less shall be at least one-eighth (1/8) inch high and on containers larger than one (1) gallon at least one-fourth (1/4) inch high.
History:
[37-2516, added 1951, ch. 237, sec. 3, p. 490; am. 1994, ch. 425, sec. 2, p. 1333.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2517 - UNDERGROUND STORAGE OR FILL-PIPE — AFFIXATION AND VISIBILITY OF METAL TAG.

37-2517. UNDERGROUND STORAGE OR FILL-PIPE — AFFIXATION AND VISIBILITY OF METAL TAG. If the container of reclaimed oil sold or offered for sale or delivery is an underground storage tank the sign or label required by this article to be attached shall be affixed to the inlet end of the fill-pipe of the underground tank and shall consist of a metal tag firmly attached or affixed and plainly visible while the tank is being filled. The letters on such sign or label may be any convenient size.
History:
[37-2517, added 1951, ch. 237, sec. 4, p. 490.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 25 - OILS › Section 37-2520 - PENALTIES FOR VIOLATION OF ACT.

37-2520. PENALTIES FOR VIOLATION OF ACT. Any person who shall sell or offer for sale or delivery any reclaimed oil the container of which is not labeled or marked as provided in this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than twenty-five dollars, nor more than $300.00, and each and every sale in violation hereof shall be deemed a separate offense.
History:
[37-2520, added 1951, ch. 237, sec. 7, p. 490.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article II › Section 37-2702 - AUTHORITY TO CONTROL.

37-2702. AUTHORITY TO CONTROL. (a) The board shall administer the regulatory provisions of this act and may add substances to or delete or reschedule all substances enumerated in the schedules in section 37-2705, 37-2707, 37-2709, 37-2711, or 37-2713, Idaho Code, pursuant to the procedures of chapter 52, title 67, Idaho Code. In making a determination regarding a substance, the board shall consider the following:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological effect, if known;
(3) The state of current scientific knowledge regarding the substance;
(4) The history and current pattern of abuse;
(5) The scope, duration, and significance of abuse;
(6) The risk to the public health;
(7) The potential of the substance to produce psychic or physiological dependence liability; and
(8) Whether the substance is an immediate precursor of a substance already controlled under this article.
(b) After considering the factors enumerated in subsection (a) of this section, the board shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.
(c) If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the board, the board shall similarly control the substance under this act by promulgating a temporary rule or proposing a statutory amendment, or both, within thirty (30) days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that thirty (30) day period, the board objects to inclusion, rescheduling, or deletion. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this act by the board, control under this act is stayed until the board publishes its decision.
(e) Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco.
History:
[37-2702, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 2, p. 261; am. 2017, ch. 4, sec. 1, p. 5.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article II › Section 37-2703 - NOMENCLATURE.

37-2703. NOMENCLATURE. The controlled substances listed or to be listed in the schedules in sections 37-2705, 37-2707, 37-2709, 37-2711 and 37-2713, Idaho Code, are included by whatever official, common, usual, chemical, or trade-name designated.
History:
[I.C., sec. 37-2703, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article II › Section 37-2704 - SCHEDULE I TESTS.

37-2704. SCHEDULE I TESTS. The board shall place a substance in schedule I if it finds that the substance:
(a) Has high potential for abuse; and
(b) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
History:
[I.C., sec. 37-2704, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article II › Section 37-2706 - SCHEDULE II TESTS.

37-2706. SCHEDULE II TESTS. The board shall place a substance in schedule II if it finds that:
(a) The substance has high potential for abuse;
(b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(c) The abuse of the substance may lead to severe psychic or physical dependence.
History:
[I.C., sec. 37-2706, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article II › Section 37-2708 - SCHEDULE III TESTS.

37-2708. SCHEDULE III TESTS. The board shall place a substance in schedule III if it finds that:
(a) The substance has a potential for abuse less than the substances listed in schedules I and II;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
History:
[I.C., sec. 37-2708, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article II › Section 37-2710 - SCHEDULE IV TESTS.

37-2710. SCHEDULE IV TESTS. The board shall place a substance in schedule IV if it finds that:
(a) The substance has a low potential for abuse relative to substances in schedule III;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule III.
History:
[I.C., sec. 37-2710, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article II › Section 37-2712 - SCHEDULE V TESTS.

37-2712. SCHEDULE V TESTS. The board shall place a substance in schedule V if it finds that:
(a) The substance has low potential for abuse relative to the controlled substances listed in schedule IV;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in schedule IV.
History:
[I.C., sec. 37-2712, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article II › Section 37-2713 - SCHEDULE V.

37-2713. SCHEDULE V. (a) Schedule V shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below.
(c) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs or salts thereof, which shall include one (1) or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(6) Not more than 0.5 milligrams difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(d) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:
(1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide) (also referred to as BRV; UCB-34714; Briviact) (including its salts);
(2) Cenobamate[(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl]carbamate;
(3) Ezogabine [N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester]-2779;
(4) Ganaxolone (3-alpha-hydroxy-3-beta-methyl-5-alpha-pregnan-20-one);
(5) Lacosamide;
(6) Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl)benzamide];
(7) Pregabalin;
(8) Pyrovalerone.
History:
[37-2713, added 1971, ch. 215, sec. 1, p. 939; am. 1977, ch. 234, sec. 5, p. 707; am. 1980, ch. 160, sec. 5, p. 348; am. 1984, ch. 160, sec. 5, p. 399; am. 1986, ch. 209, sec. 4, p. 542; am. 1989, ch. 177, sec. 4, p. 437; am. 1990, ch. 29, sec. 1, p. 44; am. 2003, ch. 185, sec. 3, p. 507; am. 2010, ch. 117, sec. 5, p. 254; am. 2012, ch. 181, sec. 4, p. 483; am. 2017, ch. 4, sec. 5, p. 16; am. 2019, ch. 24, sec. 3, p. 37; am. 2021, ch. 11, sec. 5, p. 30; am. 2022, ch. 47, sec. 4, p. 147; am. 2023, ch. 13, sec. 3, p. 61.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article II › Section 37-2713A - SCHEDULE VI.

37-2713A. SCHEDULE VI. (a) Schedule VI shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.
(b) Volatile nitrites. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following drugs or their related compounds, congeners or isomers as follows:
(1) Amyl nitrite;
(2) Butyl nitrite;
(3) Isobutyl nitrite;
(4) Isoamyl nitrite;
(5) Isopentyl nitrite.
Except that any combination or compound containing amyl nitrite which is prepared pursuant to a prescription issued by a licensed practitioner is not a controlled substance for the purpose of this section.
History:
[37-2713A, added 1989, ch. 268, sec. 1, p. 654.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article III › Section 37-2715 - RULES.

37-2715. RULES. The board may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state.
History:
[I.C., sec. 37-2715, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article III › Section 37-2716 - REGISTRATION REQUIREMENTS.

37-2716. REGISTRATION REQUIREMENTS. (a) Every person who manufactures, distributes, prescribes, administers, dispenses, or conducts research with any controlled substance within this state shall obtain annually a registration issued by the board in accordance with this chapter and its rules.
(b) Every prescriber, except veterinarians, shall also register with the division to obtain online access to the controlled substances prescriptions database.
(c) Persons registered by the board under this chapter may possess, manufacture, distribute, dispense, prescribe, administer, or conduct research with those substances to the extent authorized by their registration and licensing entity and in conformity with the other provisions of this chapter.
(d) The following persons need not register and may lawfully possess controlled substances under this chapter:
(1) An agent or employee of any person registered pursuant to this chapter, if he is acting in the usual course of his business or employment;
(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance.
(e) The board may waive by rule the requirement for registration of certain persons if it finds it consistent with the public health and safety.
(f) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, administers, dispenses, or conducts research with controlled substances, except a separate registration is not required under this chapter for practitioners engaging in research with nonnarcotic controlled substances in schedules II through IV where the practitioner is already registered under this chapter in another capacity.
(g) Practitioners registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon registering in Idaho and furnishing the board with evidence of the practitioner’s federal registration.
(h) The board may inspect the establishment of a registrant or applicant for registration in accordance with this chapter and board rule.
History:
[37-2716, added 1971, ch. 215, sec. 1, p. 939; am. 1974, ch. 27, sec. 79, p. 811; am. 2000, ch. 469, sec. 85, p. 1533; am. 2014, ch. 79, sec. 2, p. 215; am. 2015, ch. 25, sec. 2, p. 35; am. 2021, ch. 35, sec. 2, p. 82.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article III › Section 37-2717 - REGISTRATION.

37-2717. REGISTRATION. The board shall register an applicant to manufacture, prescribe, administer, dispense, distribute or conduct research with controlled substances included in sections 37-2705, 37-2707, 37-2709, 37-2711 and 37-2713, Idaho Code, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:
(a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(b) Compliance with applicable state and local law;
(c) Any convictions of the applicant under any federal and state laws relating to any controlled substance;
(d) Past experience in the manufacture, dispensing, prescribing, administering, research or distribution of controlled substances, and the existence in the applicant’s establishment of effective controls against diversions;
(e) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;
(f) Restriction, suspension or revocation of the applicant’s federal registration; and
(g) Any other factors relevant to and consistent with the public health and safety.
History:
[37-2717, added 1971, ch. 215, sec. 1, p. 939; am. 2015, ch. 25, sec. 3, p. 36.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article III › Section 37-2719 - ORDER TO SHOW CAUSE.

37-2719. ORDER TO SHOW CAUSE. (a) Except as set forth in section 37-2718(g), Idaho Code, before denying, restricting, suspending or revoking a registration, or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why the registration should be restricted, denied, revoked, or suspended, or why the renewal should be refused. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the board at a time and place not less than thirty (30) days after the date of service of the order, but in the case of a denial or renewal of registration the show cause order shall be served not later than thirty (30) days before the expiration of the registration. These proceedings shall be conducted in accordance with chapter 52, title 67, Idaho Code, without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.
(b) The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under section 37-2718, Idaho Code, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.
(c) In conjunction with a proceeding for denying, restricting, suspending or revoking a registration, or refusing a renewal of registration, and upon a finding of grounds for such denial, restriction, suspension, revocation or refusal to renew, the board may also impose an administrative fine not to exceed two thousand dollars ($2,000) per occurrence and the costs of prosecution and administrative costs of bringing the action including, but not limited to, attorney’s fees and costs and costs of hearing transcripts.
History:
[37-2719, added 1971, ch. 215, sec. 1, p. 939; am. 2001, ch. 211, sec. 2, p. 836; am. 2015, ch. 25, sec. 5, p. 38.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article III › Section 37-2720 - RECORDS — DRUG STORAGE — INVENTORY.

37-2720. RECORDS — DRUG STORAGE — INVENTORY. Persons registered under this chapter shall keep records, store controlled substances and maintain inventories in conformance with the recordkeeping, storage and inventory requirements of federal law and with any additional rules the board issues.
History:
[37-2720, added 1971, ch. 215, sec. 1, p. 939; am. 2015, ch. 25, sec. 6, p. 38; am. 2016, ch. 74, sec. 1, p. 252.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article III › Section 37-2722 - ISSUING, DISTRIBUTING, AND DISPENSING OF CONTROLLED SUBSTANCES.

37-2722. ISSUING, DISTRIBUTING, AND DISPENSING OF CONTROLLED SUBSTANCES. No person shall issue or dispense a prescription drug order for a controlled substance unless it is in compliance with applicable state and federal law and rules of the board.
(a) Controlled substances included in schedule I shall be distributed only by a registrant to another registrant pursuant to the federal drug enforcement administration (DEA) order form 222.
(b) Controlled substances included in schedule II shall:
(1) Be distributed only by a registrant to another registrant pursuant to DEA order form 222.
(2) Be dispensed only pursuant to a valid prescription drug order, except when dispensed directly by a prescriber.
(3) Not be refilled.
(4) Include a quantity that is both spelled out in English and written in numerical form, when a written prescription drug order is required.
(c) Controlled substances included in schedule III or IV shall:
(1) Be dispensed only pursuant to a valid prescription drug order, except when dispensed directly by a prescriber.
(2) Not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner.
(d) Controlled substances included in schedule V shall not be distributed or dispensed other than for a medical purpose.
(e) A pharmacist may dispense a controlled substance pursuant to a valid prescription drug order of an individual licensed in a jurisdiction other than the state of Idaho as long as the individual is acting within the jurisdiction, scope and authority of his license.
(f) Prior to issuing to a patient a prescription for outpatient use for an opioid analgesic or benzodiazepine listed in schedule II, III, or IV, the prescriber or the prescriber’s delegate shall review the patient’s prescription drug history for the preceding twelve (12) months from the prescription drug monitoring program and evaluate the data for indicators of prescription drug diversion or misuse. This review is not required:
(1) For patients:
(i) Receiving treatment in an inpatient setting;
(ii) At the scene of an emergency or in an ambulance;
(iii) In hospice care; or
(iv) In a skilled nursing home care facility; or
(2) For a prescription in a quantity intended to last no more than three (3) days.
(g) Subsection (f) of this section shall be effective on and after October 1, 2020, and shall apply only to individuals required by this chapter to register for the prescription drug monitoring program.
History:
[37-2722, added 1971, ch. 215, sec. 1, p. 939; am. 2000, ch. 276, sec. 1, p. 898; am. 2001, ch. 178, sec. 1, p. 601; am. 2018, ch. 36, sec. 4, p. 73; am. 2020, ch. 220, sec. 1, p. 652.]