reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.101 - PERMITS

Current through August 31, 2023
01.
Request for Permits
. Request
			 for the permits required under Section
			 100 are to be in writing, by
			 telephone or facsimile and set forth the name and address of the owner of the
			 animals offered for movement into the state of Idaho, the number and class of
			 sheep and goats to be brought in, the destination, the name and address of the
			 consignee, and the approximate date and place of entry. A copy of the permit,
			 or permit number written on the face of the waybill or certificate of
			 veterinary inspection accompanying movement, will be shown to a representative
			 of the Board or any law enforcement officer of the state, county, or
			 municipality of the state of Idaho upon request. (3-23-23)
02.
Certificates of Veterinary
			 Inspection to Be Furnished
. Copies of the certificates of veterinary
			 inspection from the point of origin must accompany the shipment and include a
			 copy of the permit or the permit number written on the face of the certificate
			 of veterinary inspection and will be shown to a representative of the Board or
			 any law enforcement officer of the state, county, or municipality of the state
			 of Idaho upon request, and a copy forwarded to the Idaho Department of
			 Agriculture, Division of Animal Industries, c/o Idaho Sheep and Goat Health
			 Board, P.O. Box 7249, Boise, Idaho 83707, immediately after issuance for sheep
			 and goats entering the state of Idaho. (3-23-23)
03.
Inspection Fees
. An
			 inspection fee of one hundred dollars ($100) per incidence, plus mileage, will
			 be paid on all sheep and goats exported from or imported into Idaho in
			 violation of these rules. Such incidences require an inspection of animals,
			 certificates of veterinary inspection and permit. (3-23-23)
04.
Examination and Treatment
			 Fees
. The Board may assess a fee on sheep and goat producers who receive
			 services from the Board or its representatives, such as examination and
			 treatment of animals for diseases or parasites. The fees assessed are not to
			 exceed the actual costs for the services rendered. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.102 - SCABIES

Current through August 31, 2023
All sheep and goats, including rams and bucks, entering Idaho
				and which have originated in an area or areas in which scabies is known to
				exist within the past six (6) months must be treated with a product approved by
				the APHIS under the supervision of an authorized state or federal inspector or
				accredited veterinarian. At the time of shipment, such sheep or goats must be
				accompanied by a permit from the Board and a certificate of veterinary
				inspection from the state of origin and also a treatment certificate showing
				that such sheep or goats have been treated at point of origin as herein
				required. Any and all shipments of sheep and goats entering Idaho, and which
				have originated in states where scabies is known to exist, are subject to a
				thirty (30) to sixty (60) day quarantine and inspection at the time of arrival
				at destination, and a second inspection at the time of quarantine release, or
				as often as it may be deemed necessary by the Board. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.103 - ANIMALS IN TRANSIT

Current through August 31, 2023
Sheep and goats in course of transit through the state of
				Idaho, in trucks, or other vehicles from a point outside the state of Idaho to
				another state or country, are not to be unloaded in Idaho except in pens
				designated by APHIS for purpose of feed, water and rest for a period of time
				not to exceed ten (10) days, need not comply with Section
				100, provided waybills or other
				documents accompanying the sheep or goats show origin and destination of such
				sheep and goats. Failure to have such waybills or other documents with the
				sheep or goats constitutes a violation of these rules. The Board, however, may
				prohibit the transportation of any sheep or goats through the state it feels
				represents a threat to the general health and welfare of the Idaho sheep
				industry. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.104 - DAIRY GOATS

Current through August 31, 2023
All dairy type goats, including bucks, entering the state of
				Idaho must be accompanied by a permit issued by the Board, together with a
				certificate of veterinary inspection issued at point of origin by an authorized
				veterinarian. All dairy type goats, including bucks, aged six (6) months or
				older must have been tested negative for
Brucella Melitensis
within thirty (30) days of the date of entry into the state of Idaho
				accompanied by the negative test chart signed by the person in charge of the
				laboratory where the test was made and approved by the state animal health
				official of the state of origin and attached to the certificate of veterinary
				inspection. Goats entering Idaho on a short-term temporary basis for show or
				other temporary purposes may be exempted from having a negative test for
Brucella Melitensis
completed, with permission from the Board.
				(3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.105 - IMPORTATION OF SCRAPIE EXPOSED, SUSPECT AND HIGH RISK ANIMALS

Current through August 31, 2023
Sheep and goats that are scrapie suspect, exposed, or high risk
				animals or from scrapie infected, source, or exposed flocks, as defined Title
				9, Parts 54.1 and 79.1, Code of Federal Regulations, are not allowed entry into
				Idaho except as follows: (3-23-23)
01.
Valid Permit
. Scrapie suspect, exposed or high-risk animals and
			 animals from infected, source or exposed flocks may be imported directly to
			 scrapie research facilities, or to approved slaughter establishments for
			 immediate slaughter, or other destinations approved by the Administrator, if
			 accompanied by a permit issued by the Board or its representative; and
			 (3-23-23)
02.
Officially
			 Identified
. The animals are individually identified by official
			 identification tattoos, tags, or devices on a VS
			 1-27 or other approved movement
			 document. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.106 - IDAHO ORIGIN SHEEP INTERSTATE GRAZING PERMIT

Current through August 31, 2023
Idaho origin, low-risk commercial sheep breeding stock with no
				history of scrapie exposure returning to Idaho from seasonal grazing in other
				states may return to Idaho without a certificate of veterinary inspection if
				they are accompanied by an Idaho Origin Sheep Interstate Grazing Permit and a
				waybill. The Idaho Origin Sheep Interstate Grazing Permit is to be obtained
				from the Board. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.107 - INTERSTATE SHIPMENTS

Current through August 31, 2023
01.
Waybill
			 Requirement
. All sheep and goats leaving the state of Idaho by any
			 common carrier, by private conveyance, or any kind of transportation must be
			 accompanied by a waybill, stating the owner's name and indicating destination
			 of sheep or goats, or be accompanied by a certificate of veterinary inspection
			 issued by an inspector appointed by the Board or a representative of the APHIS
			 or accredited veterinarian; said certificates of veterinary inspection to be
			 dated not more than thirty (30) days prior to date of movement, and comply with
			 the rules for the state of destination. (3-23-23)
02.
Waybill Violation
. Failure
			 to have such waybills or other documents accompanying the sheep or goats
			 constitutes a violation of these rules and is punishable as provided in Section
			 900. (3-23-23)
03.
Carriers
. No common or
			 contract carrier or owner or caretaker will unload any breeding sheep, breeding
			 goats, or dairy goats within the state of Idaho from other states or country,
			 other than as provided in Sections
			 103,
			 105,
			 106, and
			 107, of these rules, unless such
			 shipments be accompanied by an Idaho Origin Sheep Interstate Grazing Permit
			 issued by the Board or other permit issued by the Board, and the official
			 certificate as provided herein. The original or true copy of each certificate
			 with permit must be attached to the waybill covering such shipments or be in
			 possession of the owner or caretaker of shipment. (3-23-23)
04.
Who May Inspect
? Authorized
			 state or federal inspectors and accredited veterinarians may inspect sheep and
			 goats. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.200 - SCRAPIE PROGRAM STANDARDS, SCRAPIE FLOCK CERTIFICATION, SCRAPIE CONTROL AND ERADICATION

Current through August 31, 2023
The Board adopts the provisions of the Voluntary Scrapie Flock
				Certification Program Standards, which were effective June 2013, and
				9 CFR, Parts
				54.1,
				54.2,
				54.8,
				54.9,
				54.10,
				54.11,
				54.20,
				54.21,
				54.22 and
				79, January 1, 2015, as the minimum
				standards for the scrapie certification program in Idaho. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.202 - QUARANTINE

Current through August 31, 2023
Infected and source flocks or flocks that have received
				high-risk animals will be placed and held under quarantine until the infected
				or high-risk animals have been slaughtered or depopulated, an approved Flock
				Plan has been completed and the flock is participating in a Post Exposure
				Monitoring Program. Flocks that do not participate in a Post Exposure
				Monitoring Program remain under quarantine until the entire flock has been
				depopulated. Flocks which are removed from the Post Exposure Monitoring Program
				before the agreed time will be re-quarantined. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.203 - RESTRICTION OF HIGH-RISK ANIMALS

Current through August 31, 2023
High-risk animals will be placed under a quarantine when the
				flock or animals are determined to be exposed. An epidemiological investigation
				will be conducted on the flock or animals to determine the risk of infection
				with scrapie. The flock or animals will be maintained under quarantine until
				the flock is in compliance with the Scrapie Uniform Methods and Rules in effect
				or until the scrapie epidemiologist has determined that the flock or animals do
				not pose a substantial risk to other flocks. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.204 - MOVEMENT OF RESTRICTED ANIMALS

Current through August 31, 2023
Animals from infected and source flocks and high-risk animals
				may be moved from quarantined premises only under the following conditions:
				(3-23-23)
01.
Individually
			 Identified on Approved Document
. The animals are individually identified
			 on a VS 1-27 form or other approved
			 document, by official ear tags, tattoos or devices; or (3-23-23)
02.
Indelibly Marked
. The
			 animals are indelibly marked with an "S" at least one (1) inch high on the left
			 jaw; and (3-23-23)
03.
Consigned Directly to Approved Destination
. The animals are
			 consigned directly to an approved slaughter facility for immediate slaughter or
			 to a terminal feedlot for finish feeding for slaughter only; or (3-23-23)
a. The animals are consigned directly to an
			 approved livestock market for sale directly to an approved slaughter facility
			 for immediate slaughter or to a feedlot for finish feeding for slaughter only.
			 The animals must be individually identified on a VS
			 1-27 form or other approved
			 document for movement from the approved livestock market to final destination;
			 or (3-23-23)
b. The Board or its
			 representative may, by written permission, allow the animals to be moved, under
			 quarantine, to other pre-approved locations. The animals may be moved in sealed
			 vehicles or be accompanied in transit by representatives of the Board in lieu
			 of individual identification. Animals so moved will be retained under
			 quarantine at the new location. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.400 - CONDEMNATION AND DESTRUCTION OF DISEASED ANIMALS OR FLOCKS

Current through August 31, 2023
01.
Animals or Flocks Infected
.
			 Animals or flocks determined by representatives of the Board or APHIS to be
			 infected with scrapie or other contagious, infectious, or communicable diseases
			 which have been identified by the Board to be diseases of concern to human
			 health or the livestock industry of the state may be condemned by order of the
			 Board. (3-23-23)
02.
Animals
			 or Flocks Condemned
. Animals or flocks condemned by order of the Board
			 will be destroyed or otherwise disposed of as directed by order of the Board
			 and under the conditions set by the Board. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.500 - INDEMNIFICATION

Current through August 31, 2023
01.
Owners, Individuals, Partnerships,
			 Corporations or Other Legal Entities
. Owners, individuals, partnerships,
			 corporations or other legal entities whose animals or flocks have been
			 destroyed or otherwise disposed of by order of the Board may be eligible for
			 indemnification in the form of cash payment from the Sheep and Goat Disease
			 Indemnity Fund for all or part of the value of the animals destroyed or
			 otherwise disposed of and for the actual cost for burial or disposal of animal
			 carcasses. (3-23-23)
02.
Indemnity Payments Paid
. Indemnity payments are paid only to an
			 owner of sheep or goats that were born in the state of Idaho or were imported
			 into the state in compliance with existing Idaho statutes and rules promulgated
			 thereunder. (3-23-23)
03.
Amount of Indemnity to Be Paid for Each Animal
. The amount of
			 indemnity to be paid for each animal is determined by the Board and does not
			 exceed the difference between the appraised price, less federal indemnity, and
			 the salvage value of the animal. In the event federal indemnity is not
			 available the amount of indemnity will not exceed the difference between the
			 appraised price and salvage value. (3-23-23)
04.
Appraisals
. Appraisals are
			 to be performed by a team comprised of an Animal Health representative, the
			 owner, and a person with experience in sheep or goat marketing.
			 (3-23-23)
05.
Maximum Amount
			 of Indemnity
. The maximum amount of indemnity for each animal will not
			 exceed: (3-23-23)
a. Ewes or does one (1) year
			 of age or older - two hundred dollars ($200) per head. (3-23-23)
b. Rams or bucks one (1) year of age or older
			 - four hundred dollars ($400) per head. (3-23-23)
c. Lambs or kids under one (1) year of age -
			 current market price per pound with a maximum of one hundred dollars ($100) per
			 head. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.600 - CLEANING AND DISINFECTION

Current through August 31, 2023
Barns, sheds, stockyards, trucks, aircraft, ferryboats and
				other vehicles, feed yards, stables, pens, corrals, lanes and premises that
				have been used in confining, trailing, or transporting any sheep or goats
				affected or infected with any contagious, infectious or communicable diseases,
				will be cleaned and disinfected under state or federal supervision as directed
				by the Board, or an authorized representative of the Board, and the owner of
				such premises, conveyances, or carrier are responsible for such cleaning and
				disinfecting. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.700 - SHEEP ASSESSMENTS

Current through August 31, 2023
The following rules apply to all sheep. (3-23-23)
01.
Payment of Assessment
. The
			 owner of sheep on July 1st of the assessment year is responsible for the
			 payment of the assessment levied by the Boards as provided for in Section
			 25-130 and
			 25-131, Idaho Code. The rate of
			 assessment is eight cents ($.08) per pound on all wool, in the grease basis,
			 except tags, crutchings, and dead wool. (3-23-23)
02.
Assessment as Resident
			 Sheep
. The assessment is levied and assessed to the producer at the time
			 of the first sale of wool and is deducted by the first purchaser from the price
			 paid to the producer at the time of such sale. (3-23-23)
03.
Migratory Sheep
. In the
			 event that a sheep, which produces wool subject to this assessment, is located
			 outside the state of Idaho during a part of the assessment year, the amount of
			 the assessment is reduced on a prorated basis. A grower will be required to
			 request a prorated adjustment in writing to the Board. (3-23-23)
04.
Costs of Collection
. All
			 costs of collection of delinquent assessments are borne as an additional charge
			 against the delinquent assessee first purchaser. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.701 - GOAT ASSESSMENTS

Current through August 31, 2023
The following rules apply to all goats. (3-23-23)
01.
Payment of Assessment
. The
			 owner of goat(s) is responsible for the payment of the assessment levied by the
			 Board as provided for in Sections
			 25-130 and
			 25-131, Idaho Code. The rate of
			 assessment is eighty cents ($.80) per head. (3-23-23)
02.
Assessment as Resident
			 Goats
. The assessment is levied and assessed to the producer at the time
			 of the sale of said goat(s). (3-23-23)
a.
			 Auction Yards: Auction yards will deduct the assessment from the price paid to
			 the producer at the time of sale. All goat assessments will be sent to the
			 Idaho Sheep and Goat Health Board (ISGHB) from the auction yards after each
			 sale, but no later than thirty (30) days after the sale. Assessments will be
			 accompanied by a board approved form that includes a list of the producers
			 (sellers) name, address, and number of head sold. (3-23-23)
b. Private Sales: The producer will handle
			 assessment on private sales. The producer will send at minimum an annual
			 assessment to the ISGHB on all private sales no later than the end of December
			 of the current year. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.08.01 - SHEEP AND GOAT RULES OF THE IDAHO SHEEP AND GOAT HEALTH BOARD › Section 02.08.01.900 - VIOLATIONS

Current through August 31, 2023
Any person, company, corporation or association, or any agent,
				servant or employee of such, who violates or disregard any of these sheep and
				goat rules or any other sanitary or quarantine rule, order of the Board or
				inspector thereof, is deemed guilty of a misdemeanor and upon conviction be
				fined not less than one hundred dollars ($100) nor more than five thousand
				dollars ($5,000) for each offense. (3-23-23)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter A - GENERAL PROVISIONS › Section 04.02.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Title 67, Chapter 52, Idaho Code, and pursuant to Section  48604(2), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter A - GENERAL PROVISIONS › Section 04.02.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled "Idaho Rules of Consumer Protection, Office of the Attorney General," IDAPA 04, Title 02, Chapter 01. (3-31-22)
02.
Scope
. These rules are intended to protect persons in the state of Idaho against unfair, false, deceptive, misleading or unconscionable acts or practices by defining with reasonable specificity some of the acts and practices that violate the Act. Further, they are intended to provide reasonable guidance to persons doing business in the State of Idaho. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter A - GENERAL PROVISIONS › Section 04.02.01.002 - WRITTEN INTERPRETATIONS - AGENCY GUIDELINES

Current through August 31, 2023
In accordance with Section  67-5201(19)(b)(iv), Idaho Code, this agency has written statements that pertain to the interpretation of the rules of this chapter, or to the compliance with the rules of this chapter. The document is available for public inspection and copying at cost at the Office of the Attorney General, Consumer Protection Unit. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter A - GENERAL PROVISIONS › Section 04.02.01.003 - RULES OF CONSTRUCTION

Current through August 31, 2023
Without limiting the scope of any section of the Act, or any other rule or law, these rules shall be liberally construed and applied to promote the general purposes and policies of the Act. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter A - GENERAL PROVISIONS › Section 04.02.01.004 - NON-INCLUSIVE

Current through August 31, 2023
These rules are not intended to cover all trade practices that violate the provisions of the Act. Many areas of illegal practice in trade and commerce are not specifically encompassed by these rules, but are still actionable under the Act. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter A - GENERAL PROVISIONS › Section 04.02.01.005 - CUMULATIVE

Current through August 31, 2023
These rules are intended to be cumulative in effect and supplementary to each other. If acts or practices are governed by more than one (1) rule, compliance with one (1) rule does not excuse violations of another applicable rule. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter A - GENERAL PROVISIONS › Section 04.02.01.006 - NON-EXCLUSIVE

Current through August 31, 2023
These rules are in addition to, and do not affect, any other rights or obligations that may exist by statute or judicial decision. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter A - GENERAL PROVISIONS › Section 04.02.01.007 - EXCEPTIONS TO THESE RULES

Current through August 31, 2023
These rules are subject to the same exceptions as set forth in Section  48-605, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter A - GENERAL PROVISIONS › Section 04.02.01.008 - REGULATED PERSONS

Current through August 31, 2023
Enforcement activities taken pursuant to these rules shall not be commenced against persons licensed and regulated by any state regulatory board within the Department of Self-Governing Agencies or the United States Government when the actions or transactions are regulated by such regulatory board unless the Attorney General has first referred the matter in writing to the appropriate regulatory board. If at any time following the expiration of thirty (30) days from the time of forwarding the matter to the regulatory board the Attorney General is not satisfied with the progress or decision of the regulatory board, he may proceed to the extent of his jurisdiction under the Act. The 30-day provision will be abated to the extent that the regulatory board was given an express opportunity to review the matter prior to the time when the Attorney General began to consider the matter. The thirty (30) day provision may be waived in whole or in part if the Attorney General deems that the public interest requires prompt attention by the Attorney General. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter A - GENERAL PROVISIONS › Section 04.02.01.009 - KNOWLEDGE

Current through August 31, 2023
These rules are not violated unless a person knows, or in exercise of due care should know, that he has in the past engaged in or is engaging in conduct specified or prohibited by the Act, or these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter C - FALSE, MISLEADING CONDUCT IN GENERAL › Section 04.02.01.030 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to make any claim or representation concerning goods or services which directly, or by implication, has the capacity, tendency, or effect of deceiving or misleading a consumer acting reasonably under the circumstances. An omission of a material or relevant fact shall be treated with the same effect as a false, misleading, or deceptive claim or representation, when such omission, on the basis of what has been stated or implied, would have the capacity, tendency, or effect of deceiving or misleading a consumer acting reasonably under the circumstances. With reference to goods or services, this prohibition includes, but is not limited to, factors relating to the cost, construction, durability, reliability, manner or time of performance, safety, strength, condition, life expectancy, ease of operation, problems associated with repair or maintenance, availability, or the benefit to be derived from the use of the goods or services. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter C - FALSE, MISLEADING CONDUCT IN GENERAL › Section 04.02.01.031 - SUBSTANTIATION

Current through August 31, 2023
The responsibility for truthful advertising which does not have the capacity, tendency, or effect of deceiving or misleading consumers acting reasonably under the circumstances rests with the seller. Sellers must be able to substantiate all claims or offers made before such claims or offers are advertised. Sellers must maintain sufficient records to substantiate all representations made in their advertisements. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter C - FALSE, MISLEADING CONDUCT IN GENERAL › Section 04.02.01.032 - CONTRADICTORY REPRESENTATIONS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to make any claim or representation that is inconsistent with or contradictory to any written claim, representation, or provision which is contained in any contract, document, or instrument evidencing a transaction. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter C - FALSE, MISLEADING CONDUCT IN GENERAL › Section 04.02.01.033 - VIOLATIONS OF OTHER LAWS AND COURT ORDERS

Current through August 31, 2023
It is an unfair and deceptive act or practice for any seller to engage in trade or commerce if in so doing the seller or the seller's goods or services fail to comply with: (3-31-22)
01.
Federal and State Laws
. Any Federal Trade Commission rule or regulation, the disclosure requirements of either the federal Truth in Lending Act (  15 U.S.C. Section 1601  et seq.) and Regulation Z promulgated by the Board of Governors of the Federal Reserve System (  12 C.F.R. Section 226  ) or the federal Truth in Lending Act (  15 U.S.C. Section 1667  et seq.) and Regulation M promulgated by the Board of Governors of the Federal Reserve Board (  12 C.F.R. Section 213  ), or any State of Idaho statute or rule that identifies conduct in trade and commerce as unfair or deceptive or a violation of the Act. (3-31-22)
02.
Federal Trade Commission Consent Decree
. Any Federal Trade Commission Consent Decree in which the seller is a party to the decree. (3-31-22)
03.
Judicial Order
. Any judgment, injunction, order, or other relief obtained by the Federal Trade Commission in any action brought in a United States District Court in which the seller is a party or otherwise subject to the court's decrees and orders. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter C - FALSE, MISLEADING CONDUCT IN GENERAL › Section 04.02.01.034 - OFFICIAL, GOVERNMENTAL, OR OTHER MISLEADING ENVELOPES OR OFFERS

Current through August 31, 2023
It is an unfair and deceptive act or practice for any seller to use any printing styles, graphics, layouts, text, colors, or formats on envelopes or on the offer which implies, creates an appearance, or would lead a reasonable person to believe that the offer originates from or is issued by or on behalf of a government or public agency, public utility, public organization, insurance company, credit reporting agency, bill collecting company or a law firm, unless the same is true. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter C - FALSE, MISLEADING CONDUCT IN GENERAL › Section 04.02.01.035 - INVOICES AND BILLS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to advertise by use of any written or documentary material that has the tendency, capacity, or effect of misleading a consumer, acting reasonably under the circumstances, that the advertisement is an invoice or bill. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter C - FALSE, MISLEADING CONDUCT IN GENERAL › Section 04.02.01.036 - MAILBOX ADDRESSES

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to refer to a U.S. Post Office box number or a private mail service box number in trade and commerce as a "suite," "department," "office," "apartment," or any other term or abbreviation that has the tendency, capacity, or effect of misleading a consumer, acting reasonably under the circumstances, to believe that the reference pertains to anything other than a box number at a U.S. Post Office or at a private mailbox service. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter D - DISCLOSURE OF CONDITIONS IN OFFER › Section 04.02.01.040 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to offer goods or services with material contingencies, conditions, or qualifications attendant to the offer unless such contingencies, conditions, or qualifications are clearly and conspicuously disclosed in connection with the initial offer. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter D - DISCLOSURE OF CONDITIONS IN OFFER › Section 04.02.01.041 - SUBSEQUENT DISCLOSURE

Current through August 31, 2023
Subsequent disclosure to the consumer of such material contingencies, conditions, or qualifications attendant to an initial offer, even if prior to consummation of the transaction relating to the offer, is not a defense to the requirements of CPR 40. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter E - BAIT AND SWITCH SALES › Section 04.02.01.050 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to engage in bait-and-switch sales tactics. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter E - BAIT AND SWITCH SALES › Section 04.02.01.051 - INITIAL OFFER

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to create a false impression of the grade, quality, quantity, make, value, age, size, color, usability, availability, or origin of the goods or services offered, or which may otherwise misrepresent the goods or services in such a manner that later, on disclosure of the true facts, there is a likelihood that the consumer may be switched from the advertised goods or services to other goods or services. Even though the true facts are subsequently made known to the consumer, subchapter E is violated if the first contact or interview is secured by a bait-and-switch offer. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter E - BAIT AND SWITCH SALES › Section 04.02.01.052 - DISCOURAGEMENT OF PURCHASE OF ADVERTISED MERCHANDISE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to discourage the purchase of the advertised goods or services as part of a bait-and-switch scheme to sell other goods or services. For example, among acts or practices which will be considered in determining if an advertisement is a bona fide offer are: (3-31-22)
01.
Refusal to Show
. The refusal to reasonably show, demonstrate, or sell the goods or services advertised or otherwise offered in accordance with the terms of the initial offer. (3-31-22)
02.
Disparagement
. The disparagement by acts or words of the advertised goods or services or disparagement with respect to the guarantee, credit terms, availability of service, repairs, or parts, or in any other respect, in connection with the advertised goods or services. (3-31-22)
03.
Availability
. The failure to have available at all outlets listed in the advertisement a sufficient quantity of the advertised goods or services to meet reasonably expected public demand, as defined in CPR 103, unless the advertisement clearly and conspicuously discloses that the supply of a particular good is limited and/or the goods or services are available only at designated outlets, or unless the advertisement discloses that a particular good is to be closed out or offered for a limited time. Issuing of "rain checks" of goods or offering comparable or better goods at the sale price will be considered a mitigating circumstance, unless there is a pattern of inadequate inventory or the inadequate inventory was intentional. (3-31-22)
04.
Refusal to Take Orders
. The refusal to take orders for the advertised goods or services to be delivered within a reasonable period of time. (3-31-22)
05.
Showing Impractical Goods or Services
. The showing or demonstrating of goods or services which are defective, unusable, or impractical for the purpose represented or implied in the advertisement. (3-31-22)
06.
Compensation Plans
. The use of a sales plan or method of compensation for salesmen which is designed to prevent or discourage them from selling the advertised goods or services. This does not prohibit compensating salesmen by use of a commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter E - BAIT AND SWITCH SALES › Section 04.02.01.053 - SWITCH AFTER SALE

Current through August 31, 2023
In the event of a sale of the advertised goods or services, it is an unfair and deceptive act or practice for a seller to attempt to "unsell" the advertised goods or services with the intent and purpose of selling other goods or services in their stead, except when the parties are bargaining for a bona fide trade-in. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter E - BAIT AND SWITCH SALES › Section 04.02.01.054 - PATTERN OF CONDUCT

Current through August 31, 2023
The fact that a seller occasionally sells the advertised goods or services at the advertised price shall not constitute a defense to a charge that the seller has engaged in bait-and-switch tactics. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter E - BAIT AND SWITCH SALES › Section 04.02.01.055 - LEADER ITEMS

Current through August 31, 2023
Nothing in subchapter E shall prevent a seller from advertising goods and services with the hope that consumers will buy goods or services in addition to those advertised. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter F - DECEPTIVE, COMPARATIVE, REFERENCE, AND WHOLESALE PRICING › Section 04.02.01.060 - DECEPTIVE PRICING - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to represent or imply that: (3-31-22)
01.
Misrepresentations
. Goods or services may be purchased for a specified price, if such is not the case. (3-31-22)
02.
Reduced Price
. Goods or services are being offered for sale at a reduced price, if such is not the case. For example, a firm publishes a catalog or brochure entitled "pre-Christmas sale." Some of the items in the catalog are being offered at a reduced price, but others are not. On the non-sale (discounted) items, the advertisement should disclose that the item is being offered at the everyday price or the sales items should be clearly identified as such. If none of the advertised items are being offered at a reduced price, then it is inappropriate to use a term such as "sale." (3-31-22)
03.
Hidden Costs
. A stated price is for complete or functional goods or services, if, in fact, there are additional hidden costs which must be expended in order to make the goods or services complete or functional. (3-31-22)
04.
Services
. A stated price of goods or services includes certain services, such as delivery, installation, service or adjustments, or includes parts or accessories, if such is not the case. (3-31-22)
05.
Specific Goods or Services
. A stated price applies to all sizes or types of goods or services, if the stated price is in fact applicable only to certain sizes or types of goods or services. (3-31-22)
06.
Inventory
. A stated price reduction applies to an entire inventory or grouping of goods when it only applies to isolated items within the inventory or grouping. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter F - DECEPTIVE, COMPARATIVE, REFERENCE, AND WHOLESALE PRICING › Section 04.02.01.061 - COMPARATIVE PRICING - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to represent by any means which has the capacity, tendency, or effect of deceiving or misleading a consumer acting reasonably under the circumstances as to the value of the past, present, common, or usual price of goods or services, or as to any reduction in the price of goods or services, or any savings relating to the cost or price of the goods or services. (3-31-22)
01.
Savings or Value Claims
. Savings or value claims utilized in connection with terms such as "originally," "formerly," "regularly," "usually," "list price," "compare at," or other like terms, expressions or representations must be based on facts provable by the seller: (3-31-22)
a. By the seller's own records; or (3-31-22)
b. By reasonably substantial competitive sales in the trade area where such claims or representations are made, under circumstances and conditions represented or implied by the claims or representations. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter F - DECEPTIVE, COMPARATIVE, REFERENCE, AND WHOLESALE PRICING › Section 04.02.01.062 - COMPARISONS OF SELLER'S PRESENT PRICES TO SELLER'S FORMER PRICES

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to: (3-31-22)
01.
Fictitious Prices
. Offer goods or services by representations comparing present prices to former prices of the seller, if the seller establishes a fictitious or inflated former price for a short period of time and for the purpose of subsequently offering a reduction. For example, a seller usually sells a certain pen for a regular price of seven dollars and fifty cents ($7.50), but he raises the price of the pen to an inflated price of ten dollars ($10) for a short period of time. He then "cuts" the price to its usual level of seven dollars and fifty cents ($7.50), and advertises: "Terrific Bargain: Were $10.00, Now Only $7.50"; or (3-31-22)
02.
Bona Fide Regular Price
. Offer goods or services by representations comparing present prices to former prices of the seller, if the former price was merely an asking price and was not the bona fide, regular price at which such goods or services were openly, actively, and actually offered for sale or sold. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter F - DECEPTIVE, COMPARATIVE, REFERENCE, AND WHOLESALE PRICING › Section 04.02.01.063 - COMPETITOR RETAIL PRICE COMPARISONS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to offer goods or services by representations comparing the prices of the seller's goods or services to the prices of identical goods or services of competitors, unless the seller can substantiate that the represented prices of the competitor's goods or services are in fact the actual prices charged by the competitor in the same trade area, at the same point in time or on the date(s) clearly and conspicuously disclosed in the advertisement. If a price is stated without clear and conspicuous disclosure of a date on which it was in effect, it shall be presumed to be the current price. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter F - DECEPTIVE, COMPARATIVE, REFERENCE, AND WHOLESALE PRICING › Section 04.02.01.064 - COMPARABLE PRICE COMPARISONS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to offer goods or services by representations comparing the prices of the seller's goods or services to the prices of comparable, but not identical, goods or services of a competitor's, unless the seller can substantiate that the goods or services compared are substantially similar in grade and quality and the represented prices of the competitor's goods or services are in fact the actual prices charged by the competitor in the same trade area, at the same point in time or on the date(s) clearly and conspicuously disclosed in the advertisement. If a price is stated without clear and conspicuous disclosure of a date on which it was in effect, it shall be presumed to be the current price. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter F - DECEPTIVE, COMPARATIVE, REFERENCE, AND WHOLESALE PRICING › Section 04.02.01.065 - REFERENCE RETAIL PRICING PRACTICES

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to offer goods or services by representations comparing present prices to "manufacturer's suggested prices," or similar language establishing or implying base reference price comparisons, unless such reference price represents, in fact, a good faith, honest estimate of the regular price at which a substantial number of sales of the goods or services are made by comparable sellers in the same trade area or unless federal or state law permits or requires the disclosure of the price suggested by the manufacturer. CPR 65 applies with the same force and effect regardless of whether the advertiser is a national or regional manufacturer or supplier, a mail-order or catalog seller, or a local retailer, and regardless of whether the prices, establishing a basis for comparison, are advertised or pre-ticketed. (3-31-22)