reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-124 - CONTAMINATION OF FOOD WITH MICROORGANISMS — PERMIT REGULATIONS — ACCESS TO FACTORY.

37-124. CONTAMINATION OF FOOD WITH MICROORGANISMS — PERMIT REGULATIONS — ACCESS TO FACTORY. (a) Whenever the director finds after investigation that the distribution in Idaho of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health, and that such injurious nature cannot be adequately determined after such articles have entered commerce, he then, and in such case only, shall prescribe regulations providing for the issuance, to manufacturers, processors, or packers of such class of food in such locality, of permits to which shall be attached such conditions governing the manufacture, processing, or packing of such class of food, for such temporary period of time, as may be necessary to protect the public health; and after the effective date of such regulations, and during such temporary period, no person shall introduce or deliver for introduction into commerce any such food manufactured, processed or packed by any such manufacturer, processor, or packer unless such manufacturer, processor, or packer holds a permit issued by the director as provided by such regulations.
(b) The director is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of such permit, and the director shall, immediately after prompt hearing and an inspection of the establishment, reinstate such permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended.
(c) Any officer or employee duly designated by the director shall have access to any factory or establishment, the operator of which holds a permit from the director for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for such inspection shall be ground for suspension of the permit until such access is freely given by the operator.
History:
[37-124, added 1959, ch. 153, sec. 12, p. 351; am. 1974, ch. 23, sec. 20, p. 633.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-125 - POISONOUS OR DELETERIOUS SUBSTANCE — REGULATIONS AS TO USE.

37-125. POISONOUS OR DELETERIOUS SUBSTANCE — REGULATIONS AS TO USE. Any poisonous or deleterious substance added to any food except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of clause (2) of section 37-122(a); but when such substance is so required or cannot be so avoided, the board shall promulgate regulations limiting the quantity therein or thereon to such extent as the board finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of clause (2) of section 37-122(a). While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of clause (1) section 37-122(a). In determining the quantity of such added substance to be tolerated in or on different articles of food, the board shall take into account the extent to which the use of such substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.
History:
[37-125, added 1959, ch. 153, sec. 13, p. 351.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-128 - SALE OF NEW DRUGS — REGULATIONS AND PROCEDURES.

37-128. SALE OF NEW DRUGS — REGULATIONS AND PROCEDURES. (a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless (1) an application with respect thereto has become effective under section 505 of the federal act, or (2) when not subject to the federal act unless such drug has been tested and has not been found to be unsafe for use under the conditions prescribed, recommended, or suggested in the labeling thereof, and prior to selling or offering for sale such drug, there has been filed with the director an application setting forth (a) full reports of investigations which have been made to show whether or not such drug is safe for use; (b) a full list of the articles used as components of such drug; (c) a full statement of the composition of such drug; (d) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug; (e) such samples of such drugs and of the articles used as components thereof as the board may require; and (f) specimens of the labeling proposed to be used for such drug.
(b) An application provided for in subsection (a)(2) shall become effective on the sixtieth (60th) day after the filing thereof, except that if the director finds after due notice to the applicant and giving him an opportunity for a hearing, that the drug is not safe for use under the conditions prescribed, recommended, or suggested in the proposed labeling thereof, he shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective.
(c) This section shall not apply–(1) to a drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety in drugs provided the drug is plainly labeled "For investigational use only"; or (2) to a drug sold in this state at any time prior to the enactment of this act or introduced into interstate commerce at any time prior to the enactment of the federal act; or (3) to any drug which is licensed under the Virus, Serum, and Toxin Act of July 1, 1902 (U.S.C. 1934 ed. title 42, Chap. 4).
(d) An order refusing to permit an application under this section to become effective may be revoked by the director.
History:
[37-128, added 1959, ch. 153, sec. 16, p. 351; am. 1974, ch. 23, sec. 21, p. 633.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-129 - COSMETICS DEEMED ADULTERATED.

37-129. COSMETICS DEEMED ADULTERATED. A cosmetic shall be deemed to be adulterated–(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. Provided, that this provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution–This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness," and the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes.
(b) If it consists in whole or in part of any filthy, putrid, or decomposed substance.
(c) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
(d) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(e) If it is not a hair dye and it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act.
History:
[37-129, added 1959, ch. 153, sec. 17, p. 351.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-130 - COSMETICS DEEMED MISBRANDED.

37-130. COSMETICS DEEMED MISBRANDED. A cosmetic shall be deemed to be misbranded–(a) If its labeling is false or misleading in any particular.
(b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the board.
(c) If any word, statement, or other information required by or under authority of this act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(d) If its container is so made, formed, or filled as to be misleading.
History:
[37-130, added 1959, ch. 153, sec. 18, p. 351.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-131 - FALSE ADVERTISING.

37-131. FALSE ADVERTISING. (a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b) For the purpose of this act the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright’s disease, cancer, carbuncles, cholecytitis, diabetes, diptheria [diphtheria], dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, venereal disease, shall also be deemed to be false, except that no advertisement not in violation of subsection (a) shall be deemed to be false under this subsection if it is disseminated only to members of the medical, osteopathic, chiropodial, dental, or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public-health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices: Provided, that whenever the board determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the board shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the board may deem necessary in the interests of public health: Provided, that this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
History:
[37-131, added 1959, ch. 153, sec. 19, p. 351.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-132 - REGULATIONS BY BOARD — HEARINGS — NOTICE.

37-132. REGULATIONS BY BOARD — HEARINGS — NOTICE. (a) The authority to promulgate regulations for the efficient enforcement of this act is hereby vested in the board. The board is hereby authorized to make the regulations promulgated under this act conform, in so far as practicable with those promulgated under the federal act.
(b) Hearings authorized or required by this act shall be conducted by the board or such officer, agent, or employee as the board may designate for the purpose.
(c) Before promulgating any regulations contemplated by section 37-121; 37-123(j); 37-124; 37-127(d), (f), (g), (h), and (k), or 37-131(b), the board shall give appropriate notice of the proposal and of the time and place for a hearing. The regulation so promulgated shall become effective on a date fixed by the board (which date shall not be prior to 30 days after its promulgation). Such regulation may be amended or repealed in the same manner as is provided for its adoption, except that in the case of a regulation amending or repealing any such regulation the board, to such an extent as it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing, or effective date.
History:
[37-132, added 1959, ch. 153, sec. 20, p. 351.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-133 - INSPECTION OF ESTABLISHMENTS — EXAMINATION OF SPECIMENS — REPORTS — RECEIPT FOR SAMPLES.

37-133. INSPECTION OF ESTABLISHMENTS — EXAMINATION OF SPECIMENS — REPORTS — RECEIPT FOR SAMPLES. The director or his duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold such foods, drugs, devices, or cosmetics in commerce, for the purpose: (1) of inspecting such factory, warehouse, establishment, or vehicle to determine if any of the provisions of this act are being violated, and (2) to secure samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for such sample. It shall be the duty of the director to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this act is being violated.
(a) Upon the completion of any inspection of a factory, warehouse, or other establishment and prior to leaving the premises, the director or his duly authorized agent making the inspection shall give to the owner, operator, or agent in charge, a report in writing setting forth any condition or practice observed by him which in his judgment indicates that any food, drug, device, or cosmetic in the establishment (1) consists in whole or in part of any filthy, putrid, or decomposed substances; or (2) has been prepared, packed, or held in unsanitary condition whereby it may have become contaminated with filth or whereby it may be rendered injurious to health.
(b) If the director or his duly authorized agent making any such inspection of any warehouse, factory, or other establishment has obtained any samples in the process of the inspection, upon completion of the inspection and prior to his leaving the premises, he shall give to the owner, operator, or agent in charge, a receipt describing the samples obtained.
(c) Whenever in the course of any such inspection of the factory, or other establishment where food is manufactured, processed, or packed, the director or his duly authorized agent making the inspection obtains a sample of any such food and if analysis is made of such sample for the purpose of determining whether such food consists in whole or part of any filthy, putrid or decomposed substance, or is otherwise unfit for food, a copy of the results of such analysis shall be sent promptly to the owner, operator, or agent in charge.
History:
[37-133, added 1959, ch. 153, sec. 21, p. 351; am. 1974, ch. 23, sec. 22, p. 633.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT › Section 37-134 - PUBLICATION OF REPORTS BY DIRECTOR — DISSEMINATION OF INFORMATION.

37-134. PUBLICATION OF REPORTS BY DIRECTOR — DISSEMINATION OF INFORMATION. (a) The director may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this act, including the nature of the charge and the disposition thereof.
(b) The director may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the board deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the director from collecting, reporting, and illustrating the results of the investigations of the director.
History:
[37-134, added 1959, ch. 153, sec. 22, p. 351; am. 1974, ch. 23, sec. 23, p. 633.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-301 - STATEMENT OF PURPOSE.

37-301. STATEMENT OF PURPOSE. It is hereby declared to be the policy of the legislature of the state of Idaho that the public interest requires that all dairy products produced, distributed, offered for sale or sold in Idaho meet minimum standards of sanitary condition, quality, identity, classification and grade. To accomplish this purpose, the director of the department of agriculture shall inspect dairy products, dairy farms, production facilities and processing facilities, issue permits and enforce minimum standards in accordance with the provisions of this chapter.
History:
[(37-301) 1911, ch. 190, sec. 1, p. 627; reen. C.L. 65:38; C.S., sec. 1705; I.C.A., sec. 36-401; am. 1967, ch. 54, sec. 1, p. 104; am. 2014, ch. 275, sec. 1, p. 685.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-304 - PERMIT ISSUANCE AND REVOCATION.

37-304. PERMIT ISSUANCE AND REVOCATION. (1) The director or the director’s authorized agent shall issue a permit authorizing the sale of milk for human consumption to all dairy farms that meet the standards and requirements of this chapter, and rules promulgated pursuant to this chapter.
(2) The director or his agent may issue a permit to sell milk for human consumption to a new or expanding dairy farm only upon presentation to the director by the new or expanding dairy farm of the following:
(a) A certified letter, supplied by the board of county commissioners, certifying the new or expanding dairy farm’s compliance with applicable county livestock ordinances; and
(b) Evidence that a valid water right exists to supply adequate water for the new or expanding dairy farm; or
(c) A copy of an application for a permit to appropriate water that has been filed with the Idaho department of water resources and which, if approved, will supply adequate water for the dairy farm; or
(d) A copy of an application to change the point of diversion, place, period and nature of use of an existing water right that has been filed with the Idaho department of water resources and which, if approved, will supply adequate water for the dairy farm.
(3) As used in this section:
(a) "Animal units" shall be as defined in rule by the director.
(b) "Expanding dairy farm" means an existing, legally permitted dairy farm that increases, or applies to increase, its existing animal units beyond the number for which it is permitted under applicable county livestock ordinances or increases, or applies to increase, the waste containment system.
(c) "New dairy farm" means a dairy farm constructed after the effective date of this act.
(4) Whenever, under any law of this state or rule, the director of the department of agriculture or his agent is required to inspect dairy farms for compliance with rules prescribed by the department, or determine the sanitary condition of anything referred to in section 37-303, Idaho Code, or the purity of milk, cream, butter or other dairy products intended for human consumption, the director shall make or cause to be made an examination and inspection and shall report his findings and conclusions. When the issuance or the revoking of any license or permit by the department of agriculture is required to be made after an inspection involving milk quality, sanitary conditions and purity for human consumption of any milk, cream, butter or other dairy products, the issuance or revocation of license or permit shall be based upon the report or reports so made by the director.
History:
[37-304, added 2014, ch. 275, sec. 4, p. 687.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-305 - ENFORCEMENT.

37-305. ENFORCEMENT. The director of the department of agriculture may bring civil actions to enjoin violations of this chapter or rules promulgated to implement the provisions of this chapter.
History:
[37-305, added 2014, ch. 275, sec. 5, p. 688.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-306 - DEPARTMENT TO COOPERATE WITH OTHER AGENCIES.

37-306. DEPARTMENT TO COOPERATE WITH OTHER AGENCIES. The department of agriculture is hereby authorized to advise and assist and to cooperate with the federal government or any of its agencies, other departments, agencies and institutions of this state, counties, school districts, and municipalities and other public and private welfare agencies, in the exercise of any of the powers and duties of the department under this chapter.
History:
[37-306, added 2014, ch. 275, sec. 7, p. 688.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-307 - MILK HAULERS AND TANKS — DEFINITIONS.

37-307. MILK HAULERS AND TANKS — DEFINITIONS. As used in this act, unless the context clearly requires otherwise, the following definitions are adopted:
(1) "Milk hauler" means the operator of a transportation tank and may be an employee or the owner of the equipment.
(2) "Farm tank" means a tank used to cool, store or cool and store milk prior to transportation to the processing plant.
(3) "Transportation tank," "bulk tank" and "feeder tank" mean tanks used to transport milk from a farm to a processing plant.
(4) "Chlorine" means chlorine, or other type of sanitizer approved by the director of the department of agriculture.
History:
[37-307, added 2014, ch. 275, sec. 8, p. 688.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-308 - STANDARDS FOR TRANSPORTATION TANKS.

37-308. STANDARDS FOR TRANSPORTATION TANKS. The following standards are hereby adopted relating to transportation tanks:
(1) The transportation tank and accessories in the milk handling operation shall comply with the requirements of the 3A sanitary standards symbol administrative council, 3A standards for transportation tanks existing at the time of the passage of this act.
(2) Suitable facilities, including hot and cold running water, detergent, brushes, sanitizers and sanitizing equipment, a concrete floor with proper drainage and waste disposal, shall be provided for washing and sanitizing of transportation tanks. Unless the truck is to be used within a few hours of the washing operation the sanitizing of the tank shall be omitted until just before the tank truck is to be used. During the interim, the tank truck shall be protected from contamination by closing port holes, etc. Since the tank truck may be sanitized on a different date and at a different time from the cleaning and washing operation, a tag shall provide space for recording this information. The washing, sanitizing and maintenance of the transportation tank and accessories shall be the responsibility of the processor or milk hauler. The department of agriculture shall be informed in writing designating the person responsible for the cleaning, sanitizing and maintenance of the transportation tank.
(3) The transportation tank and all accessories shall be thoroughly rinsed after each usage, and shall be thoroughly cleaned and sanitized daily and the tank tagged and sealed with a tag attached indicating that the tank has been washed, sanitized or washed and sanitized. This tag shall also contain the name of the person doing the work and the date on which the work was done. The tag shall be removed by the hauler at his first pickup and retained at the receiving plant for a minimum of thirty (30) days.
(4) Single length, durable, nontoxic, flexible milk conductor tubing shall be used for conveying milk from the farm tank to the transportation tank. The inside diameter of milk conductor tubing shall not be less than one and three-eighths (1 3/8) inches. If two (2) lengths of tubing are used, they shall be connected either by the use of sanitary couplings or a piece of 3A sanitary tubing with clamps which can be removed without tools. The connections between the pump and the vehicle tank, and between the pump and the milk conductor tubing shall remain assembled, except when dismantled for cleaning. The open end of the milk tubing shall be capped with an approved protective cap at all times, except when loading or unloading. The outlet valve, milk pump and the milk conductor tubing and samples shall be enclosed in a properly drained, insulated, dust-tight cabinet.
(5) The transportation tank and the accessories shall be used for no other purpose than the handling of milk unless such other use is approved by the department of agriculture.
History:
[37-308, added 2014, ch. 275, sec. 10, p. 689.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-309 - STANDARDS FOR MILK HAULERS.

37-309. STANDARDS FOR MILK HAULERS. The following standards are hereby adopted relating to milk haulers and to the operation of transportation tanks:
(1) All milk haulers must possess a permit issued by the state department of agriculture. All milk haulers shall be subject to such examination and abilities as the department of agriculture may prescribe by rule or regulation in order to receive and retain such permit. The fee for the permit shall be twenty-five dollars ($25.00). The permit shall be valid for three (3) years and must be renewed by December 31 of the third year.
(2) The milk line shall be passed through a special port opening through the milk house wall with care to prevent contact with the ground or floor of the milk house. The port opening shall be closed when not in use.
(3) It shall be the responsibility of the milk hauler to assure that in the event the processor washes and sanitizes the truck the operation has been adequately performed, and that prior to use the tank truck has been properly sanitized. In the event it is the milk hauler’s responsibility to sanitize the tank truck, it shall be done with a chlorine solution of proper strength.
(4) The milk hauler’s hands shall be washed immediately before gauging the milk.
(5) The milk shall be observed and checked for abnormalities or adulterations, and all abnormal or adulterated milk shall be rejected.
(6) The milk volume in the farm tank shall be determined in a sanitary manner.
(7) The milk in the farm tank shall be thoroughly agitated. Milk samples for analysis shall be taken in a sanitary manner into properly identified sterile containers. All sampling shall follow standard methods.
(8) After the milk is pumped to the transportation tank the milk conductor tubing shall be capped and returned to the vehicle storage cabinet. Care shall be taken to prevent soiling of the milk line by contact with the milk house floor, operator’s hands or the ground.
(9) The milk hauler shall rinse the farm tank and accessories free of milk with clean water immediately after emptying.
(10) The milk hauler shall be responsible for proper use of the transportation tank and accessories.
History:
[37-309, added 2014, ch. 275, sec. 11, p. 689.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-310 - STANDARDS FOR QUALITY CONTROL OF MILK SAMPLES.

37-310. STANDARDS FOR QUALITY CONTROL OF MILK SAMPLES. The following standards are hereby adopted relating to quality control of milk samples taken from tanks:
(1) As often as is deemed necessary, the department of agriculture may take samples for analysis from each farm tank or each transportation tank.
(2) All milk samples taken from farm tanks or transportation tanks shall be taken in a sanitary manner in accordance with standard methods. Samples for bacteriological analysis shall be properly iced and transported in accordance with standard methods, thirty-two (32) to forty (40) degrees Fahrenheit.
(3) The department of agriculture shall have access to all records maintained by the receiving plant relating to butterfat, temperature and bacteriological sampling and any other samples of bulk farm tank milk.
(4) Milk samples for analysis shall be available on the farm tank pickup truck at all times during the collection period and delivery to the plant, as required by the department of agriculture.
History:
[37-310, added 2014, ch. 275, sec. 13, p. 690.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-311 - REPORTS OF VOLUMES PURCHASED.

37-311. REPORTS OF VOLUMES PURCHASED. All milk processors, cooperatives and organizations that procure milk from Idaho dairy farms or process milk received from other states shall, by the twentieth day of the following month in which the milk was produced or processed, provide a full and accurate account of the amount of milk purchased and the volume of dairy products processed to the department of agriculture pursuant to procedures established by the department.
History:
[(37-311) 37-325 1905, p. 54, sec. 12; reen. R.C., sec. 1146; am. 1909, p. 231, sec. 1, subd. 1146; reen. C.L. 65:62; C.S., sec. 1729; I.C.A., sec. 36-425; am. 1955, ch. 147, sec. 1, p. 289; am. and redesig. 2014, ch. 275, sec. 21, p. 691.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-312 - BUTTER AND WHEY BUTTER — DEFINITIONS AND QUALITIES.

37-312. BUTTER AND WHEY BUTTER — DEFINITIONS AND QUALITIES. Butter is the product made by gathering the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of other milk constituents, with or without salt or a harmless coloring matter. Butter shall be clean and non-rancid and shall contain not less than eighty percent (80%) of butterfat. Whey butter or whey cream butter is the food product made by gathering the fat of fresh or ripened whey cream separated from cheese whey and formed into a mass, which also contains a small portion of other milk constituents, with or without salt or a harmless coloring matter. Whey butter shall be clean and non-rancid and shall contain not less than eighty percent (80%) butterfat. The term butter includes whey butter and whey cream butter.
History:
[(37-312) 37-332, added 1905, p. 54, sec. 19; reen. R.C., sec. 1131; reen. C.L. 65:68; C.S., sec. 1735; S.L. 1929, ch. 65, sec. 1, p. 95; I.C.A., sec. 36-432; am. 1937, ch. 107, sec. 2, p. 160; am. 1988, ch. 161, sec. 1, p. 291; am. and redesig. 2014, ch. 275, sec. 24, p. 691.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-313 - BUTTER GRADES.

37-313. BUTTER GRADES. The grades of butter shall comply with the United States department of agriculture’s 1989 "Standards for Grades of Butter." "Undergrade" butter is butter scoring less than 90 under this standard. It is hereby declared to be unlawful to sell, or offer for sale any butter within the state of Idaho unless the wrappers and containers in which said butter is packaged are conspicuously labeled as to grades. Any butter that scores less than 90 and is sold or offered for sale within the state of Idaho must be conspicuously labeled with the words "undergrade butter" upon the wrappers and container in which said butter is packaged.
History:
[(37-313) 37-332a, added 1955, ch. 258, sec. 1, p. 598; am. 1957, ch. 75, sec. 1, p. 122; am. 1959, ch. 54, sec. 1, p. 112; am. 1988, ch. 161, sec. 2, p. 291; am. and redesig. 2014, ch. 275, sec. 25, p. 692.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-314 - IMPROPERLY GRADED BUTTER.

37-314. IMPROPERLY GRADED BUTTER. Butter that fails to meet the grade labeled on the butter container may be rejected. Butter that has been rejected due to failure to meet the standard may be relabeled, regraded or reprocessed if authorized by the department of agriculture.
History:
[(37-314) 37-332b, added 1955, ch. 258, sec. 2, p. 598; am. 1959, ch. 54, sec. 2, p. 112; am. and redesig. 2014, ch. 275, sec. 26, p. 692.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-315 - ADVERTISING SUBSTITUTES FOR DAIRY PRODUCTS.

37-315. ADVERTISING SUBSTITUTES FOR DAIRY PRODUCTS. It shall be unlawful for any person, firm or corporation to make use of the words milk, cream, butter, cheese, creamery, dairy, churn, cow, the name of any dairy breed or any pictorial representation of any of these terms in connection with the sale, offering for sale or advertisement of any substance designed to be used as a so-called substitute for milk, cheese, butter or any other dairy products.
History:
[(37-315) 37-334, added 1921, ch. 149, sec. 1, p. 341; I.C.A., sec. 36-434; am. and redesig. 2014, ch. 275, sec. 34, p. 693.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-316 - FOOD PRODUCTS MADE TO RESEMBLE DAIRY PRODUCTS — DEFINITIONS.

37-316. FOOD PRODUCTS MADE TO RESEMBLE DAIRY PRODUCTS — DEFINITIONS. As used in sections 37-315 and 37-318, Idaho Code:
(1) "Dairy product" includes:
(a) Milk, skim milk, milk fat, cream, sour cream, lowfat milk and nonfat milk used in fluid, concentrated or dry form.
(b) Cheese. All varieties including asiago, blue, brick, caciocavallo, cheddar, colby, cook cheese, cottage, cream, washed curd, edam, gammelost, gorgonzola, gouda, granular and grated, gruyere, hard, limburger, monterey, monterey jack, mozzarella, scamorze, muenster, neufchatel, nuworld, parmesan, reggiano, pasteurized, blended and processed cheeses, pasteurized cheese spreads, provolone, pasta filata, romano, roquefort, samsoe, sapsago, semi-soft and skim milk, spiced, swiss and emmentaler as described in 21 CFR, part 133.
(c) Butter as defined in section 37-312, Idaho Code.
(d) Ice cream, frozen custard, ice milk, sherbet as defined in 21 CFR, part 135, frozen yogurt dessert mix, frozen yogurt dessert, frozen lowfat and nonfat yogurt dessert, dietetic or dietary frozen dessert, lowfat or nonfat frozen dairy dessert, and milk shake base as defined in state department of agriculture dairy rules or regulations.
(e) Any manufactured food which:
1. Uses milk or a milk ingredient as the principal or characterizing constituent of the food product;
2. Does not contain ingredients added for the purpose of replacing milk or milk ingredients;
3. Does not contain milk-derived ingredients at levels in excess of those permitted in similar standardized dairy products;
4. Does not contain any vegetable-derived ingredients unless the ingredients are used as carriers or function as stabilizers or emulsifiers; and
5. Has no standard of identity recognized by any federal or state of Idaho law, rule or regulation as a dairy product.
(2) "Milk ingredient" includes milk, skim milk, milk fat, cream, sour cream, lowfat milk and nonfat milk used in fluid, concentrated or dry form.
(3) "Milk derived ingredient" includes buttermilk, whey, modified whey products, casein, lactose, lactalbumins and lactoglobulins used in fluid, concentrated or dry forms.
(4) "Artificial dairy product" means any food manufactured or labeled so as to purport to resemble the identity, intended use, composition, physical and sensory properties of a dairy product as defined in subsection (1) of this section.
(5) For the purpose and within the meaning of this act, an "artificial dairy product" shall not include a "dairy product" as defined in this section or any other manufactured food which has a federal or state of Idaho standard of identity as a food product. Food products made to resemble those food products other than dairy products in this subsection, are exempt from the labeling requirements of this chapter.
History:
[(37-316) 37-334a, added 1985, ch. 61, sec. 1, p. 122; am. 1987, ch. 7, sec. 1, p. 8; am. 1992, ch. 93, sec. 10, p. 298; am. and redesig. 2014, ch. 275, sec. 35, p. 693.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-317 - QUALITY STANDARDS FOR FOOD PRODUCTS MADE TO RESEMBLE DAIRY PRODUCTS.

37-317. QUALITY STANDARDS FOR FOOD PRODUCTS MADE TO RESEMBLE DAIRY PRODUCTS. Quality standards (e.g., bacteria, coliform, etc.) for food products made to resemble dairy products shall be at least the equivalent of the established quality standards of the dairy product resembled.
History:
[(37-317) 37-334d, added 1987, ch. 7, sec. 5, p. 10; am. and redesig. 2014, ch. 275, sec. 36, p. 694.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-318 - LICENSE REQUIREMENTS FOR MANUFACTURERS OF FOOD PRODUCTS MADE TO RESEMBLE DAIRY PRODUCTS.

37-318. LICENSE REQUIREMENTS FOR MANUFACTURERS OF FOOD PRODUCTS MADE TO RESEMBLE DAIRY PRODUCTS. (1) It is unlawful to engage in the manufacture of food products resembling dairy products, unless a license for the current calendar year for each separate plant or place used for such business is issued by the director of the Idaho department of agriculture.
(2) Applications for a license shall be in the form which shall be prescribed by the director of the Idaho department of agriculture.
(3) The application shall be accompanied by a fee of one hundred dollars ($100). The fee shall be prorated on a monthly basis for any licensee that commences operations after the first quarter in any calendar year whether or not such plant was licensed during the preceding calendar year.
(4) Plant licenses are not required if the plant is located in a state other than Idaho.
(5) The director of the Idaho department of agriculture shall issue to each applicant that meets the requirements of this section, a license which entitles the applicant to manufacture, sell, or distribute food products resembling dairy products for the then current calendar year for which the license is issued, unless the license is sooner revoked or suspended.
(6) The license shall expire at the end of each calendar year.
(7) It is unlawful for any person to sell any food product resembling dairy products which has been produced in a plant that is in an unsanitary condition.
(8) The manufacture of food products resembling dairy products under unhealthful or unsanitary conditions or which violate the provisions of sections 37-315 through 37-318, Idaho Code, and rules or regulations adopted pursuant thereto, shall be grounds for revocation or suspension of such license.
History:
[(37-318) 37-334e, added 1987, ch. 7, sec. 6, p. 11; am. and redesig. 2014, ch. 275, sec. 37, p. 694.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 3 - DAIRIES AND DAIRY PRODUCTS › Section 37-319 - PENALTY — ENFORCEMENT.

37-319. PENALTY — ENFORCEMENT. (1) Any person, firm or corporation, violating the provisions of sections 37-315 through 37-318, Idaho Code, or any part or provision of any of said sections, shall be guilty of a misdemeanor and punishable by a fine not exceeding two hundred dollars ($200) or imprisonment in the county jail not exceeding six (6) months or by both such fine and imprisonment.
(2) In addition, any products not in compliance with the provisions of sections 37-315 through 37-318, Idaho Code, shall be subject to seizure and disposition in accordance with an appropriate court order or rule adopted by the director of the department of agriculture.
History:
[(37-319) 37-335, added 1921, ch. 149, sec. 2, p. 341; I.C.A., sec. 36-435; am. 1937, ch. 107, sec. 3, p. 160; am. 1985, ch. 61, sec. 4, p. 124; am. 1987, ch. 7, sec. 8, p. 12; am. and redesig. 2014, ch. 275, sec. 38, p. 694.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 4 - SANITARY INSPECTION OF DAIRY PRODUCTS › Section 37-403 - BASIS FOR ISSUANCE OR REVOCATION OF LICENSES OR PERMITS.

37-403. BASIS FOR ISSUANCE OR REVOCATION OF LICENSES OR PERMITS. Whenever, under any law of this state or rule, the director of the department of agriculture or any agent is required to inspect dairy farms and dairy waste systems for compliance with rules prescribed by the department, or determine the sanitary condition of anything referred to in section 37-401, Idaho Code, or the purity of milk, cream, butter, or other dairy products intended for human consumption, the director shall make or cause to be made an examination and inspection and shall report his findings and conclusions. When the issuance or the revoking of any license or permit by the department of agriculture is required to be made after an inspection involving waste systems, milk quality, and sanitary conditions and purity for human consumption of any milk, cream, butter, or other dairy products, the issuance or revocation of license or permit shall be based upon the report or reports so made by the director. The duration of such revocation shall be determined by the director. For violations regarding waste systems the department shall allow the dairy farm’s milk to be processed, provided the milk meets quality standards. The value of the milk sold by the violator during the revocation shall be remitted to the county where the violation occurred for deposit in the county current expense fund. The amount remitted to the county current expense fund shall be less processor expenses associated with the procurement of the milk.
History:
[37-403, added 1943, ch. 85, sec. 3, p. 171; am. 1974, ch. 18, sec. 250, p. 364; am. 1996, ch. 81, sec. 2, p. 265; am. 2000, ch. 260, sec. 1, p. 731.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 4 - SANITARY INSPECTION OF DAIRY PRODUCTS › Section 37-404 - COLORING WHEN UNFIT FOR HUMAN CONSUMPTION.

37-404. COLORING WHEN UNFIT FOR HUMAN CONSUMPTION. Whenever the director of the department of agriculture or his agent finds any milk, cream or other dairy products unacceptable for human consumption under the foregoing, he shall color the same with a harmless edible dye so that it may thereafter be identified as having been condemned for human consumption.
History:
[37-404, added 1943, ch. 85, sec. 4, p. 171; am. 1949, ch. 183, sec. 3, p. 385; am. 1974, ch. 18, sec. 251, p. 364.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 4 - SANITARY INSPECTION OF DAIRY PRODUCTS › Section 37-405 - DEPARTMENT MAY MAKE RULES AND ORDERS.

37-405. DEPARTMENT MAY MAKE RULES AND ORDERS. The department of agriculture is hereby invested with authority to make rules and orders as may be necessary or desirable for carrying out its various functions and the intent and purpose of this act.
History:
[37-405, added 1943, ch. 85, sec. 5, p. 171; am. 1996, ch. 81, sec. 3, p. 265.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 4 - SANITARY INSPECTION OF DAIRY PRODUCTS › Section 37-406 - DEPARTMENT TO COOPERATE WITH OTHER AGENCIES.

37-406. DEPARTMENT TO COOPERATE WITH OTHER AGENCIES. The department of agriculture is hereby authorized to advise and assist and to cooperate with the federal government or any of its agencies, other departments, agencies and institutions of this state, counties, school districts, and municipalities, and other public and private welfare agencies, in the exercise of any of the powers and duties of the department.
History:
[37-406, added 1943, ch. 85, sec. 6, p. 171.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 4 - SANITARY INSPECTION OF DAIRY PRODUCTS › Section 37-407 - FEES AND ASSESSMENTS TO BE COLLECTED FROM DAIRY PROCESSORS.

37-407. FEES AND ASSESSMENTS TO BE COLLECTED FROM DAIRY PROCESSORS. Whenever an inspection of any dairy product is made by the department of agriculture, or whenever permanent or temporary inspectors or employees are used by said department for the purpose of enforcing or promulgating an inspection or sanitary program for any dairy product, the department is authorized to fix, assess and collect or cause to be collected from the dairy processors, fees or assessments for such services when they are performed by such employees or agents of the department, such fees to be on a uniform basis in an amount reasonably necessary to cover the cost of such inspection and the administration of the department of agriculture dairy inspection program; provided, however, that the department shall so adjust the fees to be collected under this section as to meet the expenses necessary for this inspection service only, all of said fees to be used for this purpose alone; and provided further, that in no event shall the fees or assessments exceed four (4) mills per pound of butterfat produced by any dairyman in Idaho or received by processors. All such fees and moneys collected or received by the department, its employees or agents under this act shall be deposited in the "dairy industry and inspection account" which account is hereby created. All moneys coming into said account are hereby appropriated to the department of agriculture to be used in the inspection required by law to be made of the dairy industry and dairy products. The fees and assessments accrued in any given month are due and payable no later than the twentieth day of the following month.
History:
[37-407, added 1943, ch. 85, sec. 7, p. 171; am. 1950 (E.S.), ch. 76, sec. 1, p. 101; am. 1951, ch. 240, sec. 2, p. 498; am. 1967, ch. 66, sec. 1, p. 148; am. 1970, ch. 98, sec. 2, p. 245; am. 1982, ch. 22, sec. 1, p. 26; am. 1995, ch. 78, sec. 1, p. 208.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 4 - SANITARY INSPECTION OF DAIRY PRODUCTS › Section 37-408 - PENALTY FOR VIOLATIONS.

37-408. PENALTY FOR VIOLATIONS. Anyone failing to comply with any of the provisions of this chapter or any standards, rules or orders promulgated hereunder shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding two hundred dollars ($200) or imprisonment in the county jail not to exceed three (3) months, or by both a fine and imprisonment. The director of the department of agriculture may bring civil actions to enjoin violation of this chapter or the standards, rules or orders promulgated thereunder.
History:
[37-408, added 1943, ch. 85, sec. 8, p. 171; am. 1970, ch. 98, sec. 3, p. 245; am. 1974, ch. 18, sec. 252, p. 364; am. 1996, ch. 81, sec. 4, p. 265.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 4 - SANITARY INSPECTION OF DAIRY PRODUCTS › Section 37-409 - MILK HAULERS AND TANKS — DEFINITIONS.

37-409. MILK HAULERS AND TANKS — DEFINITIONS. As used in this act, unless the context clearly requires otherwise, the following definitions are adopted:
(1) The term "milk hauler" is the operator of a transportation tank and may be an employee or the owner of the equipment.
(2) The term "farm tank" is a tank used to cool and/or store milk prior to transportation to the processing plant.
(3) The terms "transportation tank," "bulk tank" and "feeder tank" mean tanks used to transport milk from a farm to a processing plant.
(4) The term "chlorine" shall mean chlorine, or other type of sanitizer approved by the director of the department of agriculture.
History:
[(37-409) I.C., sec. 37-408, as added by 1961, ch. 295, sec. 1, p. 522; am. 1965, ch. 20, sec. 1, p. 33; am. 1974, ch. 18, sec. 253, p. 364.]