reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.280 - OVERFLOW SYSTEMS

Current through August 31, 2023
All pools must be designed to provide continuous skimming, have
				overflow gutters or surface skimmers, and have an overflow system designed and
				installed so the water level of the pool is maintained at the operating level
				of the rim or weir device. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.281 - OVERFLOW GUTTERS

Current through August 31, 2023
The gutter, drains, and return piping to the surge system must
				be designed to rapidly remove overflow water caused by recirculation
				displacement, wave action, or other causes produced from the maximum pool
				bathing load. (3-15-22)
01.
General Requirements
. Overflow gutters must: (3-15-22)
a. Extend around the entire perimeter of the
			 pool except at steps or recessed ladders; (3-15-22)
b. Have the gutter lip be level within
			 three-tenths (.3) inch; (3-15-22)
c. Be capable of continuously removing fifty
			 percent (50%) of the recirculated water and returning it to the recirculation
			 system; and (3-15-22)
d. Be
			 designed to prevent entrance or entrapment of bathers.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.282 - SKIMMERS: REQUIREMENT

Current through August 31, 2023
01.
Minimum
			 Requirements
. There must be provided: (3-15-22)
a. A minimum of one (1) skimmer for each four
			 hundred (400) square feet of water surface area or fraction thereof; and
			 (3-15-22)
b. No fewer than two (2)
			 skimmers in every pool. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.283 - SKIMMERS: CAPACITY

Current through August 31, 2023
01.
Total
			 Capacity
. The total capacity of all skimmers used must be a minimum of
			 two-thirds (2/3) of the required filter flow. (3-15-22)
02.
Piping
. Piping for skimmers
			 used must be designed for a capacity of not less than eighty (80) percent of
			 the required filter flow of the recirculation system, and in no case less than
			 thirty (30) gallons per minute per eight (8) inches of weir.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.284 - SKIMMERS: EQUALIZERS

Current through August 31, 2023
01.
Equalizer
			 Valve and Line
. All skimmers used must be equipped with an approved
			 equalizer valve and an equalizer line with an inside diameter of not less than
			 two (2) inches, installed not less than twelve (12) inches below the normal
			 operating level of the water. (3-15-22)
02.
Inlet to the Equalizer Line
.
			 The inlet to the equalizer line or lines must: (3-15-22)
a. Be designed to prevent the creation of a
			 holding force whenever the body or limb of a bather comes into contact with the
			 inlet; and (3-15-22)
b. Be
			 protected by a grill or shroud that will prevent a bather or any limb of a
			 bather from entering the inlet. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.285 - SKIMMERS: LOCATION

Current through August 31, 2023
All inlets must be spaced at least five (5) feet away from any
				skimmer. One (1) skimmer must be placed at a point in the pool opposite the
				direction of the prevailing winds. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.290 - LOCATION OF DRAINS

Current through August 31, 2023
Every pool must have a tandem main drain located in the deepest
				section of the pool and have the ability to empty the pool through this drain.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.291 - MULTIPLE DRAINS

Current through August 31, 2023
Multiple drains must be provided. Outlet drains must not be
				further apart than twenty (20) feet on center. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.292 - DRAIN GRATING

Current through August 31, 2023
The main drain outlet grating must: (3-15-22)
01.
Area of Openings
. Have an
			 area of openings four (4) times the area of the discharge pipe or provide
			 sufficient area so the maximum velocity of water passing through the grate will
			 not exceed six (6) feet per second; (3-15-22)
02.
Maximum Width of Openings
.
			 Have grate openings with a maximum width of not more than one-half (1/2) inch;
			 and (3-15-22)
03.
Securely
			 Fastened
. Be securely fastened in such a way that they cannot be removed
			 without the use of tools. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.300 - FENCE AND BARRIERS

Current through August 31, 2023
01.
For Pools
			 Under 1,800 Square Feet
. A fence or barrier a minimum of four (4) feet
			 high to exclude unauthorized persons from the pool area must enclose each
			 public pool with less than one thousand eight hundred (1,800) square feet of
			 surface area. (3-15-22)
02.
For Pools 1,800 Square Feet or Greater
. A fence or barrier a
			 minimum of eight (8) feet high to exclude unauthorized persons from the pool
			 area must enclose each public pool with one thousand eight hundred (1,800)
			 square feet of surface area, or greater. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.310 - GEOTHERMAL POOL EXEMPTIONS

Current through August 31, 2023
01.
Exemptions
. Geothermal pools are hereby exempt from the following
			 rules: (3-15-22)
a. If a geothermal pool can
			 meet the bacterial requirements of Section
			 230 of these rules and the clarity
			 requirements of Section
			 198 of these rules, it will not be
			 required to meet any requirements of Sections
			 220 through
			 225, and Sections
			 240,
			 250, and
			 260 of these rules.
			 (3-15-22)
b. Section
			 226 of these rules, "Acid Base
			 Chemistry." (3-15-22)
c. If an
			 existing geothermal pool has a gravel bottom, Sections
			 075,
			 271, and Sections
			 290 through
			 292 of these rules.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.14 - CONSTRUCTION AND OPERATION OF PUBLIC SWIMMING POOLS › Section 16.02.14.320 - TECHNICAL WAIVERS OR MODIFICATIONS

Current through August 31, 2023
01.
Director
			 Waiver
. The Director or the Director's designee may waive or modify the
			 requirements of these rules as a condition of the permit to operate a pool,
			 except no technical waiver or modification will be granted from the health and
			 safety portion of these rules. (3-15-22)
02.
Waiver Requirements
. The
			 person requesting a technical waiver or modification must submit a written
			 request to the Director's designee specifying: (3-15-22)
a. The section number of these rules and the
			 rationale for considering a modification or waiver of the requirements;
			 (3-15-22)
b. An analysis of the
			 potential public health, safety hazards, and issues associated with the
			 proposed action; and (3-15-22)
c.
			 Scientific data or other information, as appropriate, showing safety or public
			 health will not be compromised by the proposed action.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.15 - IMMUNIZATION REQUIREMENTS FOR IDAHO SCHOOL CHILDREN › Section 16.02.15.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Legislature has granted to the Board of Health and
				Welfare, in cooperation with the State Board of Education and the Idaho School
				Boards Association, the authority to adopt rules for the administration and
				enforcement of an immunization program for Idaho school children, under Section
				39-4801, Idaho Code.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.15 - IMMUNIZATION REQUIREMENTS FOR IDAHO SCHOOL CHILDREN › Section 16.02.15.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 16.02.15, "Immunization
			 Requirements for Idaho School Children." (3-17-22)
02.
Scope
. These rules contain
			 the legal requirements for the administration of an immunization program for
			 children enrolled in grades preschool, kindergarten through twelve (12) of any
			 Idaho public, private, or parochial school. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.15 - IMMUNIZATION REQUIREMENTS FOR IDAHO SCHOOL CHILDREN › Section 16.02.15.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The "Recommended Immunization Schedules for Persons Aged 0
				Through 18 Years -- United States, 2010," are incorporated by reference for
				this chapter of rules. Published in the Morbidity and Mortality Weekly Report,
				January 8, 2010, Vol. 58 (51 and 52), by the Centers for Disease Control and
				Prevention as recommended by the Advisory Committee on Immunization Practices
				(ACIP). This document is referred to in this chapter of rules as "ACIP
				Recommended Schedule." These schedules may be obtained from the Department or
				viewed online at
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5851a6.htm
.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.15 - IMMUNIZATION REQUIREMENTS FOR IDAHO SCHOOL CHILDREN › Section 16.02.15.010 - DEFINITIONS

Current through August 31, 2023
01.
ACIP
. The Centers for
			 Disease Control and Prevention's Advisory Committee on Immunization Practices.
			 (3-17-22)
02.
Admission
. Admission to a public, private or parochial school is:
			 (3-17-22)
a. Registration of a child before
			 attendance; or (3-17-22)
b.
			 Re-entry of a child after withdrawing from previous enrollment.
			 (3-17-22)
c. Transfer of a child
			 from one (1) Idaho school to another or from schools outside Idaho.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.15 - IMMUNIZATION REQUIREMENTS FOR IDAHO SCHOOL CHILDREN › Section 16.02.15.101 - COMPLIANCE

Current through August 31, 2023
The parent, custodian, or guardian of any student who is to
				attend any public, private, or parochial school in Idaho must comply with the
				provisions contained in this chapter at the time of admission and before
				attendance. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.15 - IMMUNIZATION REQUIREMENTS FOR IDAHO SCHOOL CHILDREN › Section 16.02.15.102 - EVIDENCE OF IMMUNIZATION STATUS

Current through August 31, 2023
01.
Immunization Record
. Within the deadlines established in Section
			 101 of these rules, a parent,
			 custodian, or guardian of each student must present to school authorities an
			 immunization record. (3-17-22)
02.
Schedule of Intended Immunizations Form
. A student who has
			 received at least one (1) dose of each required vaccine and is currently on
			 schedule for subsequent immunizations may be conditionally admitted. School
			 authorities, at the time of admission and before attendance, must have a
			 schedule of intended immunizations form completed by a parent, custodian, or
			 guardian for any student who is not immunized, excepted, or exempted, and who
			 is in the process of receiving, or has been scheduled to receive, the required
			 immunizations. A form provided by the Department, or one similar, must include
			 the following information: (3-17-22)
a. Name
			 and date of birth of student; (3-17-22)
b. School and grade student is enrolled in
			 and attending; (3-17-22)
c. Types,
			 numbers, and dates of scheduled immunizations to be administered;
			 (3-17-22)
d. Signature of the
			 parent, custodian, or guardian; and (3-17-22)
e. Signature of a licensed health care
			 professional providing care to the student. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.15 - IMMUNIZATION REQUIREMENTS FOR IDAHO SCHOOL CHILDREN › Section 16.02.15.105 - EXCEPTIONS TO IMMUNIZATION REQUIREMENT

Current through August 31, 2023
When supporting documentation is in the possession of school
				authorities at the time of admission and before attendance, a student who meets
				one (1) or both of the following conditions, will not be required to receive
				the required immunizations in order to attend school. (3-17-22)
01.
Laboratory Proof
. Laboratory
			 proof of immunity to any of the childhood diseases listed in Section
			 100 of these rules, will not be
			 required to receive the immunization for that disease for which the student is
			 immune. (3-17-22)
02.
Disease
			 Diagnosis
. A student who has a statement signed by a licensed health
			 care professional stating that the student has had varicella (chickenpox)
			 disease diagnosed by a licensed health care professional upon personal
			 examination, will not be required to receive the immunization for the diagnosed
			 disease. (3-17-22)
03.
Suspension of Requirement
. The Regulatory Authority may
			 temporarily suspend one (1) or more of the immunization requirements listed in
			 Section 100 of these
			 rules, if the Regulatory Authority determines that suspension of the
			 requirement is necessary to address a vaccine shortage or other emergency
			 situation in the state. The Regulatory Authority will suspend a requirement for
			 the length of time needed to remedy the vaccine shortage or emergency
			 situation. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.15 - IMMUNIZATION REQUIREMENTS FOR IDAHO SCHOOL CHILDREN › Section 16.02.15.110 - EXEMPTIONS TO IMMUNIZATION REQUIREMENT

Current through August 31, 2023
When supporting documentation is in the possession of school
				authorities, at the time of admission and before attendance, a student who
				meets one (1) or both of the following conditions in Subsections
				110.01 and
				110.02 of this rule, will not be
				required to receive the required immunizations. (3-17-22)
01.
Life or Health Endangering
			 Circumstances
. A signed statement of a licensed physician that the
			 student's life or health would be endangered if any or all of the required
			 immunizations are administered. (3-17-22)
02.
Religious or Other
			 Objections
. A signed statement of the parent, custodian, or legal
			 guardian that must be either: (3-17-22)
a. On
			 a standard Department form or similar form provided by the school; or
			 (3-17-22)
b. A signed statement
			 that must include: (3-17-22)
i. The name of
			 student, and the student's date of birth; and (3-17-22)
ii. A statement indicating that the student
			 is exempt from immunization as provided in Section
			 110 of this rule for religious or
			 other objections; and (3-17-22)
iii. The signature of the parent, custodian,
			 or legal guardian. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.15 - IMMUNIZATION REQUIREMENTS FOR IDAHO SCHOOL CHILDREN › Section 16.02.15.150 - ENFORCEMENT OF IMMUNIZATION REQUIREMENT

Current through August 31, 2023
01.
Noncompliance
. Any student not in compliance with this chapter
			 upon admission to any Idaho public, private, or parochial school, will be
			 denied attendance by school authorities, unless the student is excepted or
			 exempted from these immunization requirements as provided in Sections
			 105 and
			 110 of these rules. The regulatory
			 authority may exclude any student who does not meet the requirements in this
			 chapter and who has not been excluded from school. (3-17-22)
02.
Length of Exclusion
. Any
			 student denied attendance in accordance with Subsection
			 150.01 of this rule, will not be
			 allowed to attend any Idaho public, private or parochial school until the
			 student is in compliance with the requirements of this chapter.
			 (3-17-22)
03.
Exempted
			 Students
. A student exempted under Section
			 110 of these rules, may be excluded
			 by the regulatory authority in the event of a disease outbreak under IDAPA
			 16.02.10, "Idaho Reportable Diseases." (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.15 - IMMUNIZATION REQUIREMENTS FOR IDAHO SCHOOL CHILDREN › Section 16.02.15.200 - REPORTS BY SCHOOL AUTHORITIES

Current through August 31, 2023
01.
Responsibility and Timeliness
. School authorities must submit a
			 report of each school's immunization status, by grade, to the Department on or
			 before the first day of November each year. (3-17-22)
02.
Form and Content of Report
.
			 Each school report must include the following information and be submitted on a
			 Department form or electronically: (3-17-22)
a. Inclusive dates of reporting period;
			 (3-17-22)
b. Name and address of
			 school, school district and county; (3-17-22)
c. Grade being reported and total number of
			 students enrolled in the grade; (3-17-22)
d. The name and title of the person
			 completing the report form. (3-17-22)
e. Number of students who meet all of the
			 required immunizations listed in Section
			 100 of these rules;
			 (3-17-22)
f. Number of students who
			 do not meet all of the required number of immunizations listed by specific
			 immunization type; (3-17-22)
g.
			 Number of students who do not meet the immunization requirement, but are in the
			 process of receiving the required immunizations; and (3-17-22)
h. Number of students who claimed exemption
			 to the required immunizations as allowed in Section
			 110 of these rules.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.000 - LEGAL AUTHORITY

Current through August 31, 2023
Sections
				37-121 and
				39-1603, Idaho Code, authorize the
				Board to adopt rules for the regulation of food establishments to protect
				public health. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.001 - APPLICABILITY

Current through August 31, 2023
01.
These Rules Apply to Food
			 Establishments
. Food establishments under Section
			 39-1602, Idaho Code, must follow
			 these rules. Those facilities include the following: (4-6-23)
a. Restaurants, catering facilities, taverns,
			 kiosks, vending facilities, commissaries, cafeterias, mobile food facilities,
			 and temporary food facilities; (4-6-23)
b. Schools, senior centers, hospitals,
			 residential care and treatment facilities, nursing homes, correctional
			 facilities, camps, food banks, and church facilities; (4-6-23)
c. Retail markets, meat, fish, delicatessen,
			 bakeries, supermarkets, convenience stores, health food stores, and
			 neighborhood markets; and (4-6-23)
d. Food, water and beverage processing and
			 bottling facilities that manufacture, process, and distribute food, water, and
			 beverages, and are not inspected for food safety by a federal agency.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The Department adopted by reference the "Food Code, 2013
				Recommendations of the United States Public Health Service Food and Drug
				Administration," Publication PB2013-110462, hereafter referred to as the
				incorporated Food Code. A certified copy of this publication may be reviewed at
				the main office of the Department. It is also available online at
http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/ucm374275.htm
.
				This publication is being adopted with modifications and additions as follows:
				(4-6-23)
01.
Chapter 1, Purpose
			 and Definitions
. Additions and modifications have been made to this
			 chapter. See Sections
			 100 - 199 of these rules.
			 (4-6-23)
02.
Chapter 2,
			 Management and Personnel
. Modifications have been made to this chapter.
			 See Sections 200 - 299 of
			 these rules. (4-6-23)
03.
Chapter 3, Food
. Modifications have been made to this chapter. See
			 Sections 300-399 of these rules.
			 (4-6-23)
04.
Chapter 4,
			 Equipment, Utensils, and Linens
. This chapter has been adopted with no
			 modifications. (4-6-23)
05.
Chapter 5, Water, Plumbing and Waste
. This chapter has been
			 adopted with no modifications. (4-6-23)
06.
Chapter 6, Physical
			 Facilities
. Modifications have been made to this chapter. See Sections
			 600699 of these rules.
			 (4-6-23)
07.
Chapter 7,
			 Poisonous or Toxic Materials
. Modifications have been made in this
			 chapter. See Sections
			 700 - 799 of these rules.
			 (4-6-23)
08.
Chapter 8,
			 Compliance and Enforcement
. Modifications have been made in this
			 chapter. See Sections
			 800-899 of these rules.
			 (4-6-23)
09.
Annexes 1
			 Through 7 Are Excluded
. These sections have not been adopted.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.050 - TRAINING AND INFORMATIONAL MATERIALS

Current through August 31, 2023
Section
				56-1007, Idaho Code, authorizes
				the Department to establish a reasonable charge for training and informational
				materials that are provided to the public. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.100 - PURPOSES AND DEFINITIONS

Current through August 31, 2023
Sections
				100 through
				199 of these rules will be used for
				modifications and additions to Chapter 1 of the incorporated Food Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.111 - DEFINITIONS AND ABBREVIATIONS - L THROUGH Z

Current through August 31, 2023
The definitions under this Section are modifications or
				additions to the definitions provided in the incorporated Food Code.
				(4-6-23)
01.
License
. Is
			 used in these rules the same as the term "permit" is used in the incorporated
			 Food Code. (4-6-23)
02.
License Holder
. Is used in these rules the same as the term
			 "permit holder" is used in the incorporated Food Code. (4-6-23)
03.
Low-Risk Food Establishment
.
			 Provides factory-sealed prepackaged non-TCS foods. The establishment may have
			 limited preparation of non-TCS foods only. (4-6-23)
04.
Medium-Risk Food
			 Establishment
. Includes the following: (4-6-23)
a. A limited menu of one (1) or two (2)
			 items; (4-6-23)
b. Prepackaged raw
			 ingredients cooked or prepared to order; (4-6-23)
c. Raw ingredients requiring minimal
			 assembly; (4-6-23)
d. Most products
			 are cooked or prepared and served immediately; or (4-6-23)
e. Hot and cold holding of TCS foods is
			 restricted to minimal holding between preparation and service.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.200 - MANAGEMENT AND PERSONNEL

Current through August 31, 2023
Sections
				200 through
				299 of these rules will be used for
				modifications and additions to Chapter 2 of the incorporated Food Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.201 - PERSON IN CHARGE

Current through August 31, 2023
Modification to Section
				2-101.11. The license holder will
				be the person in charge or will designate a person in charge and will ensure
				that a person in charge is present at the food establishment during all hours
				of food preparation and service. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.210 - DEMONSTRATION OF KNOWLEDGE

Current through August 31, 2023
Modification to Section
				2-102.11. The person in charge of a
				food establishment may demonstrate knowledge on the risks of foodborne illness
				or health hazards by one (1) of the following. (4-6-23)
01.
No Priority Violations
.
			 Complying with the incorporated Food Code by not having any priority violations
			 at the time of inspection; (4-6-23)
02.
Approved Courses
. Completion
			 of the Idaho Food Safety Exam, or an equivalent course designed to meet the
			 same training as the Idaho Food Safety Exam; or (4-6-23)
03.
Certified Food Protection
			 Manager
. Being a certified food protection manager who has shown
			 proficiency of required information through passing a test that is part of an
			 accredited program. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.300 - FOOD

Current through August 31, 2023
Sections
				300 through
				399 of these rules will be used for
				modifications and additions to Chapter 3 of the incorporated Food Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.320 - MEAT AND POULTRY

Current through August 31, 2023
01.
Custom
			 Meat
. Meat that is processed for individual owner(s) by a custom
			 butcher, under the custom exemption in
			 9 CFR
			 303.1, "Mandatory Meat Inspection
			 Exemptions," must be marked "Not For Sale" and may not be sold, served, or
			 given away to any member of the public. This meat must be for the use in the
			 household of such owner(s), their families, non-paying guest, and employees
			 only. (4-6-23)
02.
Poultry
			 Exemption
. Poultry that is exempt in
			 9 CFR
			 381.10, Subpart C, "Mandatory Poultry
			 Products Inspection Exemptions" may be sold, served, or given away in Idaho, if
			 it is processed in a licensed food processing facility and is labeled "Exempt
			 from USDA Inspection per PL
			 492." (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.355 - FOOD PROCESSING PLANTS

Current through August 31, 2023
Food processing plants, establishments, canning factories, or
				operations must meet the requirements in Chapters 1 through 8 of the
				incorporated Food Code, and this rule. (4-6-23)
01.
Thermal Processing of Low-Acid
			 Foods
. Low-acid food products processed using thermal methods for
			 canning must meet the requirements of
			 21 CFR
			 113. (4-6-23)
02.
Processing of Acidified
			 Foods
. Acidified food products must meet the requirements of
			 21 CFR
			 114. (4-6-23)
03.
Bottled Water Processing
.
			 Bottled drinking water processed in Idaho must be from a licensed processing
			 facility that meets the requirements of
			 21 CFR
			 129. Bottled drinking water must also meet
			 the quality and monitoring requirements in
			 21 CFR
			 165. (4-6-23)
04.
Approval of Process Methods
.
			 A variance by the regulatory authority must be approved and granted for
			 specialized processing methods for products listed in Section
			 3-502.11. (4-6-23)
05.
Labels
. Proposed labels must
			 be submitted to the regulatory authority for review and approval before
			 printing. (4-6-23)
06.
Testing
. The license holder is responsible for chemical,
			 microbiological, or extraneous material testing procedures to identify failures
			 or food contamination of food products being processed or manufactured by the
			 license holder. (4-6-23)
07.
Quality Assurance Program
. The license holder or their designee
			 must develop and submit to the regulatory authority for review and approval a
			 quality assurance program or HACCP plan that covers the food processing
			 operation and includes the following: (4-6-23)
a. An organization chart identifying the
			 person responsible for quality control operations; (4-6-23)
b. A process flow diagram outlining the
			 processing steps from the receipt of the raw materials to the production and
			 packaging of the finished product(s) or group of related products;
			 (4-6-23)
c. A list of specific
			 points in the process that are critical control points that have scheduled
			 monitoring; (4-6-23)
d. Product
			 codes that establish and identify the production date and batch;
			 (4-6-23)
e. A manual covering
			 sanitary maintenance of the facility and hygienic practices to be followed by
			 the employees; and (4-6-23)
f. A
			 records system allowing for review and evaluation of all operations including
			 the quality assurance program results. These records must be kept for a period
			 of time that exceeds the shelf life of the product by six (6) months or for two
			 (2) years, whichever is less. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.360 - ADVISING CONSUMERS OF HEALTH RISK OF RAW OR UNDERCOOKED FOODS

Current through August 31, 2023
Modification to Section
				3-603.11. (4-6-23)
01.
Consumption of Animal Foods That
			 Are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens
.
			 Except as specified in Section
			 3-401.11(C)  and
			 Subparagraph 3-401.11(D)(3) and under Section
			 3-801.11(D), if an
			 animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish
			 that is raw, undercooked or not otherwise processed to eliminate pathogens is
			 offered in a ready-to-eat form as a deli, menu, vended, or other item, or as a
			 raw ingredient in another ready-to-eat food, the license holder must inform the
			 consumers of health risks. (4-6-23)
02.
How to Inform Consumers of Health
			 Risk
. The license holder must use any effective means to inform
			 consumers of potential health risks. Some effective ways that may be used to
			 inform consumers are: brochures, deli case placards, signs or verbal warnings
			 that state, "Consuming raw or undercooked meats, poultry, seafood, shellfish,
			 or eggs may increase your risk of foodborne illness, especially if you have
			 certain medical conditions." (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.370 - ADULTERATED OR MISBRANDED FOOD

Current through August 31, 2023
The regulatory authority may order the license holder or other
				person who has custody of misbranded food to destroy, denature, or recondition
				adulterated or misbranded food under Section
				37-118, Idaho Code. See Section
				851 of these rules for embargo,
				tagging, storage, and release of adulterated or misbranded food.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.600 - PHYSICAL FACILITIES

Current through August 31, 2023
Sections
				600 through
				699 of these rules will be used for
				modifications and additions to Chapter 6 of the incorporated Food Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.620 - PRIVATE HOMES AND LIVING OR SLEEPING QUARTERS, USE PROHIBITION

Current through August 31, 2023
Modifications to Section
				6-202.111. Except for cottage food
				operations, a private home, a room used as living or sleeping quarters, or an
				area directly opening into a room used as living or sleeping quarters may not
				be used for conducting food establishment operations. Residential assisted
				living facilities designed to be a homelike environment, are exempted from
				Section 6-202.111. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.700 - POISONOUS OR TOXIC MATERIALS

Current through August 31, 2023
Sections
				700 through
				799 of these rules will be used for
				modifications and additions to Chapter 7 of the incorporated Food Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.720 - RESTRICTION AND STORAGE OF MEDICINES

Current through August 31, 2023
Modifications to Section
				7-207.11. (4-6-23)
01.
Medicines Allowed in a Food
			 Establishment
. Only those medicines that are necessary for the health of
			 employees, patients, or residents in a care facility are allowed in a food
			 establishment. Subsection
			 720.01 of this rule does not
			 apply to medicines that are stored or displayed for retail sale.
			 (4-6-23)
02.
Labeling of
			 Medicines
. Medicines that are in a food establishment for the employees,
			 patients, or residents use must be labeled as specified under Section
			 7-101.11 and located to prevent the
			 contamination of food, equipment, utensils, linens, and single-service and
			 single-use articles. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.721 - REFRIGERATED STORAGE OF MEDICINES

Current through August 31, 2023
Modification to Section
				7-207.12. Medicines belonging to
				employees, patients, or residents in a care facility that require refrigeration
				may be stored in a food refrigerator using the following criteria:
				(4-6-23)
01.
Medicines Stored in
			 a Leak-Proof Container
. Medicines must be stored in a package or
			 container and kept inside a covered, leak-proof container that is identified as
			 a container for the storage of medicines. (4-6-23)
02.
Accessibility of Stored
			 Medicines
. Medicines will be stored to permit access to self-medicating
			 patients or residents to their individual medication. Authorized staff in a
			 care facility also have access to these medications. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.800 - COMPLIANCE AND ENFORCEMENT

Current through August 31, 2023
Sections
				800 through
				899 of these rules will be used for
				modifications and additions to Chapter 8 of the incorporated Food Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.830 - APPLICATION FOR A LICENSE

Current through August 31, 2023
01.
To Apply
			 for a Food Establishment License
. To apply, the application and fee is
			 submitted to the "regulatory authority" as defined in Section
			 111 of these rules.
			 (4-6-23)
02.
Food License
			 Expiration
. The license for an Idaho food establishment expires on
			 December 31st of each year. (4-6-23)
03.
Renewal of License
. A
			 renewal application and a license fee must be submitted to the regulatory
			 authority by December 1st of each year for the next calendar year starting
			 January 1st. (4-6-23)
04.
Summary Suspension of License
. A license may be immediately suspended
			 under Section 831 of these
			 rules. Reinstatement of a license after a summary suspension does not require a
			 new application or fee unless the license is revoked. (4-6-23)
05.
Revocation of License
. When
			 corrections have been made to a food establishment whose license has been
			 revoked under Section
			 860 of these rules, a new
			 application and fee must be submitted to the regulatory authority.
			 (4-6-23)
06.
License is
			 Non-Transferable
. A license is not transferable when ownership changes
			 under Section
			 8-304.20 of the incorporated Food
			 Code. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.831 - SUMMARY SUSPENSION OF LICENSE

Current through August 31, 2023
The regulatory authority may summarily suspend a license to
				operate a food establishment when it determines an imminent health hazard
				exists. (4-6-23)
01.
Reasons a
			 Summary Suspension May Be Issued
. When a food establishment does not
			 follow the principles of food safety, a foodborne illness is found, or an
			 environmental health hazard exists and public safety cannot be assured by the
			 continued operation of the food establishment, a summary suspension may be
			 issued. The following are some reasons the regulatory authority may determine a
			 summary suspension is necessary: (4-6-23)
a.
			 Inspection of the food establishment shows uncorrected priority violations;
			 (4-6-23)
b. Examination of food
			 shows the food is unsafe; (4-6-23)
c. Review of records shows that proper steps
			 for food safety have not been met; (4-6-23)
d. An employee working with food is suspected
			 of having a disease that is communicable through food; or (4-6-23)
e. An imminent health hazard exists.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.840 - INSPECTIONS AND CORRECTION OF VIOLATIONS

Current through August 31, 2023
Modification to Section
				8-401.10. (4-6-23)
01.
Inspection Interval Section
			 8-401.10(A)
. Except as specified in Section
			 8-401.10(C), the
			 regulatory authority must inspect a food establishment at least once every
			 twelve (12) months. (4-6-23)
02.
Section
			 8-401.10(B)
. This section has not been adopted. (4-6-23)
03.
Section
			 8-401.10(C)
. This section is adopted as published. (4-6-23)
04.
Section
			 8-405.11
. This section is
			 adopted with the following modifications: (4-6-23)
a. Delete Section
			 8-405.11(B)(1);
			 and (4-6-23)
b. Amend Section
			 8-405-11(B)(2)  to
			 ten (10) calendar days after the inspection for the permit holder to correct
			 priority or priority foundation items or HACCP plan deviations.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.841 - INSPECTION SCORES

Current through August 31, 2023
The regulatory authority will provide the license holder an
				inspection report with a total score indicating the number of risk factor
				violations and the number of repeat risk factor violations added together.
				Repeat violations are those observed during the last inspection. The inspection
				report will also score the total number of good retail practice violations and
				the number of repeat good retail practice violations. These scores will be used
				to determine if a follow-up inspection or a written report of correction is
				needed to verify corrections have been made. (4-6-23)
01.
Medium-Risk Food
			 Establishment
. If the risk factor violations exceed three (3), or good
			 retail practice violations exceed six (6), an onsite follow-up inspection is
			 required for verification of correction by the regulatory authority.
			 (4-6-23)
02.
High-Risk Food
			 Establishment
. If the risk factor violations exceed five (5), or good
			 retail practice violations exceed eight (8), an onsite follow-up inspection is
			 required for verification of correction by the regulatory authority.
			 (4-6-23)
03.
Written
			 Violation Correction Report
. A written violation correction report by
			 the license holder may be provided to the regulatory authority if the total
			 inspection score of the food establishment does not exceed those listed in
			 Section 845 of these
			 rules. The report must be mailed within five (5) days of the correction date
			 identified on the inspection report. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.845 - VERIFICATION AND DOCUMENTATION OF CORRECTION

Current through August 31, 2023
In addition to Section
				8-405.20 of the incorporated Food
				Code, the onsite follow-up inspection may not be required for verification of
				correction if the regulatory authority chooses to accept a written report of
				correction from the license holder. (4-6-23)
01.
Written Report of
			 Correction
. The regulatory authority may choose to accept a written
			 report of correction from the license holder stating that specific violations
			 have been corrected. The license holder must submit this report to the
			 regulatory authority within five (5) days after the correction date identified
			 on the inspection report. (4-6-23)
a.
			 Medium-risk food establishment. If the risk factor violations do not exceed
			 three (3), or the good retail practice violations do not exceed six (6), a
			 follow-up inspection is not required for verification of correction.
			 (4-6-23)
b. High-risk food
			 establishment. If the risk factor violations do not exceed five (5), or the
			 good retail practice violations do not exceed eight (8), a follow-up inspection
			 is not required for verification of correction. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.850 - ENFORCEMENT INSPECTIONS

Current through August 31, 2023
01.
Follow-Up
			 Inspection
. If a follow-up inspection reveals that priority, priority
			 foundation, or core violations identified on a previous inspection have not
			 been corrected or still exist, an enforcement inspection may be made.
			 (4-6-23)
02.
Written
			 Notice
. The license holder will receive written notice on the inspection
			 form of the specific date for an enforcement inspection. This date must be
			 within fifteen (15) days of the current or follow-up inspection.
			 (4-6-23)
03.
Enforcement
			 Inspections on Consent Order
. When a compliance conference results in a
			 consent order and includes a compliance schedule to correct violations without
			 further regulatory action, all inspections by the regulatory authority to
			 satisfy the compliance schedule will be considered enforcement inspections
			 until the next annual inspection. (4-6-23)
04.
Regulatory Action
. If the
			 violations have not been corrected by the date of the enforcement inspection,
			 regulatory action will be initiated to revoke the license issued to the food
			 establishment. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.851 - ENFORCEMENT PROCEDURES FOR ADULTERATED OR MISBRANDED FOOD

Current through August 31, 2023
The regulatory authority may order the license holder or other
				person who has custody of adulterated or misbranded food to destroy, denature,
				or recondition adulterated or misbranded food under Section
				37-118, Idaho Code. The following
				procedures apply: (4-6-23)
01.
Serving an Embargo Order
. An embargo order must be served by one
			 (1) of the following ways: (4-6-23)
a.
			 Delivered personally to the license holder or person in charge of the food
			 establishment; or (4-6-23)
b.
			 Posted at a public entrance to the food establishment, provided a copy of the
			 notice is sent by first-class mail to the license holder or the person in
			 charge of the embargoed food. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.860 - REVOCATION OF LICENSE

Current through August 31, 2023
The regulatory authority may revoke the license issued to a
				food establishment when the license holder fails to comply with these rules or
				the operation of the food establishment is a hazard to public health.
				(4-6-23)
01.
Reasons a License
			 May Be Revoked
. (4-6-23)
a. The license
			 holder violates any term or condition in Section
			 8-304.11 of the incorporated Food
			 Code. (4-6-23)
b. Access to the
			 facility is denied or obstructed by an employee, agent, contractor, or other
			 representative during the performance of the regulatory authority's duties. It
			 is not necessary for the regulatory authority to seek an inspection order to
			 gain access as permitted in Section
			 8-402.40 of the incorporated Food
			 Code, before proceeding with revocation. (4-6-23)
c. A public health hazard or priority
			 violation remains uncorrected after being identified by the regulatory
			 authority and an enforcement inspection confirms the violation or hazard still
			 exists. See Section 850 of these
			 rules on enforcement inspections. (4-6-23)
d. A core violation remains uncorrected after
			 being identified by the regulatory authority and an enforcement inspection
			 confirms the violation still exists. See Section
			 845 of these rules on verification
			 and documentation of correction. (4-6-23)
e. Failure to comply with any consent order
			 issued after a compliance conference. See Section
			 861 of these rules on compliance
			 conference. (4-6-23)
f. Failure to
			 comply with a regulatory authority's summary suspension order. See Section
			 831 of these rules on summary
			 suspension of a license. (4-6-23)
g. Failure to comply with an embargo order.
			 See Section 851 of these rules on adulterated
			 or misbranded food. (4-6-23)
h.
			 Failure to comply with a regulatory authority order issued when an employee is
			 suspected of having a communicable disease. See Chapter 2 of the incorporated
			 Food Code on employee health. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.02.19 - IDAHO FOOD CODE › Section 16.02.19.861 - APPEAL PROCESS

Current through August 31, 2023
A license holder may appeal a summary suspension, notice of
				revocation, other action, or failure to act by the regulatory authority that
				adversely affects the license holder. A summary suspension or other emergency
				order is not stayed during the appeal process. (4-6-23)
01.
Compliance Conference
. The
			 license holder may request in writing a compliance conference with the
			 regulatory authority within fifteen (15) days of receipt of the notice or
			 action by the regulatory authority. If a timely request for a compliance
			 conference is made, a compliance conference will be scheduled within twenty
			 (20) days and conducted in an informal manner by the regulatory authority. At
			 the compliance conference the license holder may explain the circumstances of
			 the alleged violations and propose a resolution for the matter. (4-6-23)
a. If the compliance conference results in an
			 agreement between the license holder and the regulatory authority to remedy
			 circumstances giving rise to the action and to assure future compliance, the
			 agreement must be put in written form and signed by both parties. This written
			 agreement constitutes an enforceable consent order. (4-6-23)
b. Unless otherwise specifically stated in
			 the consent order, the agreement will be for the duration of the existing
			 license only. (4-6-23)