reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.07 - RULES GOVERNING BULK PERMITS AND RETAIL SALE OF POTATOES › Subchapter B - RETAIL SALES › Section 02.02.07.224 - BULK LOTS LABELED NOT FOR SALE - REMOVAL THEREOF

Current through August 31, 2023
Bulk potatoes failing to meet the grade shown or otherwise
				  found out of compliance with the provisions of this rule are labeled "Not For
				  Sale" until removed. They may be regraded, destroyed or re-marked to a lower
				  grade if feasible. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.07 - RULES GOVERNING BULK PERMITS AND RETAIL SALE OF POTATOES › Subchapter B - RETAIL SALES › Section 02.02.07.225 - RESPONSIBILITY OF PERMANENT AND CONDITION DEFECTS

Current through August 31, 2023
Defects of condition are those of retailers' responsibility.
				  Permanent grade defects are those of the original packer. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.07 - RULES GOVERNING BULK PERMITS AND RETAIL SALE OF POTATOES › Subchapter B - RETAIL SALES › Section 02.02.07.226 - RESTRICTING STANDARDS TO TABLESTOCK GRADES

Current through August 31, 2023
Usable grades or standards are the entire spectrum of U.S.
				  and Idaho Grades excluding processing grades. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 02.02.11,
"
Rules Governing Eggs and Egg Products." (3-15-22)
02.
Scope
. These rules govern
			 the grades and standards for Idaho eggs and egg products, including tolerances,
			 consumer grades, sanitation, storage, egg seals, tax, and cartons.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.012 - GRADES AND STANDARDS

Current through August 31, 2023
01.
Classifications
. The following standards, grades and weight
			 classifications are hereby established and adopted. (3-15-22)
a. Except as otherwise provided in this
			 subsection, all shell eggs sold for human consumption in the Idaho must be
			 designated as one (1) of the following grades: "Idaho Consumer Grade AA,"
			 "Idaho Consumer Grade A," "Idaho Consumer Grade B." (3-15-22)
b. An Idaho producer of shell eggs may sell
			 shell eggs produced on his premises in Idaho directly to consumers at the place
			 of production of the eggs, without grade designations. (3-15-22)
c. Idaho shell egg producers having three
			 hundred (300) or less hens may sell ungraded shell eggs produced upon their
			 premises to retailers, provided that each carton or other container of ungraded
			 shell eggs sold must be clearly marked "Ungraded" and bear the name and address
			 of the Idaho producer. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.050 - TERMS DESCRIPTIVE OF SHELL

Current through August 31, 2023
01.
Clean
. A shell that is free from foreign material and from stains
			 or discolorations that are readily visible. An egg may be considered clean if
			 it has only very small specks, stains or cage marks if such specks, stains or
			 cage marks are not of sufficient number or intensity to detract from the
			 generally clean appearance of the egg. Eggs that show traces of processing oil
			 on the shell are considered clean unless otherwise soiled. (3-15-22)
02.
Dirty
. A shell that is
			 unbroken and that has dirt or foreign material adhering to its surface, that
			 has prominent stains, or moderate stains covering more than one thirty-second
			 (1/32) of the shell surface if localized or one-sixteenth (1/16) of the shell
			 surface if scattered. (3-15-22)
03.
Practically Normal (AA or A Quality)
. A shell that approximates
			 the usual shape and that is sound and is free from thin spots. Ridges and rough
			 areas that do not materially affect the shape and strength of the shell are
			 permitted. (3-15-22)
04.
Abnormal (B Quality)
. A shell that may be somewhat unusual or
			 decidedly misshapen or that may show pronounced ridges or thin spots.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.100 - TERMS DESCRIPTIVE OF THE AIR CELL

Current through August 31, 2023
01.
Depth of
			 Air Cell
. The depth of the air cell (air space between shell membranes,
			 normally in the large end of the egg) is the distance from its top to its
			 bottom when the egg is held air cell upward. (3-15-22)
02.
Free Air Cell
. An air cell
			 that moves freely toward the uppermost point in the egg as the egg is rotated
			 slowly. (3-15-22)
03.
Bubbly
			 Air Cell
. A ruptured air cell resulting in one (1) or more small
			 separate air bubbles usually floating beneath the main air cell.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.150 - TERMS DESCRIPTIVE OF THE WHITE

Current through August 31, 2023
01.
Clear
. A white that is free from discolorations or from any
			 foreign bodies floating in it. (Prominent chalazas should not be confused with
			 foreign bodies such as spots or blood clots). (3-15-22)
02.
Firm (AA Quality)
. A white
			 that is sufficiently thick or viscous to prevent the yolk outline from being
			 more than slightly defined or indistinctly indicated when the egg is twirled.
			 With respect to a broken-out egg, a firm white has a Haugh unit value of
			 seventy-two (72) or higher when measured at a temperature between forty-five
			 (45) Degrees F and sixty (60) Degrees F. (3-15-22)
03.
Reasonably Firm (A Quality)
.
			 A white that is somewhat less thick or viscous than a firm white. A reasonably
			 firm white permits the yolk to approach the shell more closely that results in
			 a fairly well defined yolk outline when the egg is twirled. With respect to a
			 broken-out egg, a reasonably firm white has a Haugh unit value of sixty (60) to
			 seventy-two (72) when measured at a temperature between forty-five (45) Degrees
			 F and sixty (60) Degrees F. (3-15-22)
04.
Weak and Watery (B Quality)
.
			 A white that is weak, thin and generally lacking in viscosity. A weak and
			 watery white permits the yolk to approach the shell closely, thus causing the
			 yolk outline to appear plainly visible and dark when the egg is twirled. With
			 respect to a broken-out egg, a weak and watery white has a Haugh unit value
			 lower than sixty (60) when measured at a temperature between forty-five (45)
			 Degrees F and sixty (60) Degrees F. (3-15-22)
05.
Blood Spots or Meat Spots
.
			 Small blood spots or meat spots (aggregating not more than one-eighth (1/8)
			 inch in diameter), may be classified as "B" quality. If larger, or showing
			 diffusion of blood into the white surrounding a blood spot, the egg must be
			 classified as Loss. Blood spots must not be due to germ development. They may
			 be on the yolk or in the white. Meat spots may be blood spots that have lost
			 their characteristic red color or tissue from the reproductive organs.
			 (3-15-22)
06.
Bloody
			 White
. An egg that has blood diffused through the white. Eggs with
			 bloody whites are classed as Loss. Eggs with blood spots that show a slight
			 diffusion into the white around the localized spot are not to be classified as
			 bloody whites. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.200 - TERMS DESCRIPTIVE OF THE YOLK

Current through August 31, 2023
01.
Outline
			 Slightly Defined (AA Quality)
. A yolk outline that is indistinctly
			 indicated and appears to blend into the surrounding white as the egg is twirled
			 (3-15-22)
02.
Outline Fairly
			 Well Defined (A Quality)
. A yolk outline that is discernible but not
			 clearly outlined as the egg is twirled. (3-15-22)
03.
Outline Plainly Visible (B
			 Quality)
. A yolk outline that is clearly visible as a dark shadow when
			 the egg is twirled. (3-15-22)
04.
Enlarged and Flattened (B Quality)
. A yolk in which the yolk
			 membranes and tissues have weakened and moisture has been absorbed from the
			 white to such an extent that it appears definitely enlarged and flat.
			 (3-15-22)
05.
Practically
			 Free From Defects (AA or A Quality)
. A yolk that shows no germ
			 development but may show other very slight defects on its surface.
			 (3-15-22)
06.
Serious Defects
			 (B Quality)
. A yolk that shows well developed spots or areas and other
			 serious defects, such as olive yolks, that do not render the egg inedible.
			 (3-15-22)
07.
Clearly Visible
			 Germ Development (B Quality)
. A development of the germ spot on the yolk
			 of a fertile egg that has progressed to a point where it is plainly visible as
			 a definite circular area or spot with no blood in evidence. (3-15-22)
08.
Blood Due to Germ
			 Development
. Blood caused by development of the germ in a fertile egg to
			 the point where it is visible as definite lines or as a blood ring. Such an egg
			 is classified as inedible. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.250 - GENERAL TERMS

Current through August 31, 2023
01.
Loss
. An egg that is inedible, cooked, frozen, contaminated, or
			 containing bloody whites, large blood spots, large unsightly meat spots, or
			 other foreign material. (3-15-22)
02.
Inedible Eggs
. Eggs of the
			 following description are classed as inedible: black rots, yellow rots, white
			 rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with
			 stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing
			 embryo chicks (at or beyond the blood ring state), and any eggs that are
			 adulterated as such term is defined pursuant to the Federal Food, Drug and
			 Cosmetic Act. (3-15-22)
03.
Leaker
. An individual egg that has a crack or break in the shell
			 and shell membranes to the extent that the egg contents are exuding or free to
			 exude through the shell. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.300 - CONSUMER GRADES FOR SHELL EGGS - GENERAL

Current through August 31, 2023
01.
Applicability
. The consumer grade designations established by this
			 act are applicable to edible shell eggs in "lot" quantities rather than on an
			 "individual" egg basis. these standards to the term "case" means thirty (30)
			 dozen egg cases as used in commercial practices in the United States.
			 (3-15-22)
02.
Substitution
. Substitution of higher qualities for the lower
			 qualities specified is permitted. (3-15-22)
03.
No Grade
. "No Grade" means
			 eggs of possible edible quality that fail to meet the requirements of an Idaho
			 Consumer Grade or that have been contaminated by smoke, chemicals or other
			 foreign material that has seriously affected the character, appearance or
			 flavor of the eggs. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.400 - ADDITIONAL TOLERANCES - IN LOTS OF TWO OR MORE CASES

Current through August 31, 2023
01.
Grade AA
. No individual case
			 may exceed ten percent (10%) less AA quality eggs than the minimum permitted
			 for the lot average. (3-15-22)
02.
Grade A
. No individual case may exceed ten percent (10%) less A
			 quality eggs than the minimum permitted for the lot average.
			 (3-15-22)
03.
Grade B
.
			 No individual case may exceed ten percent (10%) less B quality eggs than the
			 minimum permitted for the lot average. (3-15-22)
04.
Single Egg Exemption
. For
			 Grades AA, A, and B, no lot may be rejected or downgraded due to the quality of
			 a single egg except for loss other than blood or meat spots.
			 (3-15-22)
05.
Lots of Two or
			 More Cartons
. In lots of two (2) or more cartons, no individual carton
			 may contain less than eight (8) eggs of the specified quality and no individual
			 carton may contain less than ten (10) eggs of the specified quality and the
			 next lower quality. The remaining two (2) eggs may consist of a combination of
			 qualities below the next lower quality (i.e., in lots of grade A, not more than
			 two (2) eggs of the qualities in individual cartons within the sample may be B
			 or checks). (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.450 - SUMMARY OF IDAHO CONSUMER GRADES FOR SHELL EGGS

Current through August 31, 2023
01.
Grades for Shell Eggs -- Table
			 1
.
TOLERANCE
						  PERMITTED
QUALITY REQUIRED
Percent
Quality
IDAHO CONSUMER GRADE (origin)
Grade AA
87 percent AA
Up to 13 Not over 5
A or B Checks
Grade A
87 percent A or Better
Up to 13 Not over 5
B Checks
Grade B
90 percent B or Better
Not over 10
Checks
IDAHO CONSUMER GRADE
						  (destination)
Grade AA
72 percent AA
Up to 28 Not over 7
A or B Checks
Grade A
82 percent A or Better
Up to 18 Not Over 7
B Checks
Grade B
90 percent B or Better
Not over 10
Checks
(3-15-22)
a. In lots
			 of two (2) or more cases or cartons, see Table 2 of Section
			 450 for tolerances for an
			 individual case or carton within a lot. (3-15-22)
b. For Idaho Consumer Grades (at origin) a
			 tolerance of five-tenths of one percent (0.5%) Leakers, Dirties, or Loss (due
			 to meat or blood spots) in any combination is permitted except that such Loss
			 may not exceed three-tenths of one percent (0.3%). Other types of Loss are not
			 permitted. (3-15-22)
c. For Idaho
			 Consumer Grades (destination) a tolerance of one percent (1%) Leakers, Dirties,
			 or Loss (due to meat or blood spots) in any combination is permitted, except
			 that such Loss may not exceed three-tenths of one percent (0.3%). Other types
			 of Loss are not permitted. (3-15-22)
d. For Idaho Consumer Grade AA at
			 destination, at least ten percent (10%) must be A quality or better.
			 (3-15-22)
e. For Idaho Consumer
			 grade AA and A at origin and destination within the tolerances permitted for B
			 quality, not more than one percent (1%) may be B quality due to air cells over
			 three-eighths (3/8) inch, blood spots (aggregating not more than one-eighth
			 (1/8) inch in diameter) or serious yolk defects. (3-15-22)
f. For Idaho Consumer Grades AA and A Jumbo
			 size eggs, the tolerance for checks at origin and destination is seven percent
			 (7%) and nine percent (9%) respectively. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.500 - EGG PRODUCTS AND BREAKING OPERATIONS

Current through August 31, 2023
Anyone engaged in a breaking operation for the production of
				egg products may obtain a copy of the Federal "Regulations Governing Voluntary
				Inspection of Egg Products and Grading" ( 7 CFR Part 55 ) from the United
				States Department of Agriculture, AMS, Poultry Division, Washington, DC 20250,
				Revised May 1, 1991. This is a federally mandated program. The Department of
				Agriculture has entered into a cooperative agreement with the United States
				Department of Agriculture (USDA) to provide constant monitoring of these
				operations. Egg product plants in Idaho are monitored with state staff
				implementing federal regulations as contained in ( 7 CFR Part 55 ) including
				but not limited to: breaking, pasteurization, packaging, labeling, storage and
				plant sanitation. Copies of these federal regulations are on file at the Idaho
				Department of Agriculture located at 2270 Old Penitentiary Road, Boise, Idaho
				83712. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.550 - SANITATION AND STORAGE

Current through August 31, 2023
01.
Grading
			 Room
. Animals, pets, livestock, etc., are not allowed in the grading and
			 packing rooms, or any areas where eggs, cases, flats, and cartons are stored.
			 (3-15-22)
02.
Wash
			 Water
. Wash water must be clean, potable and free of foreign material.
			 Water must be changed as often as necessary so as to comply.
			 (3-15-22)
03.
Wash Water
			 Temperature
. The minimum temperature of the wash water must be ninety
			 (90) degrees F or higher, and must be at least twenty (20) degrees F warmer
			 than the temperature of the eggs to be washed. These temperatures must be
			 maintained through the cleaning cycle. (3-15-22)
04.
Pre-Wetting or Soaking
.
			 Pre-wetting or soaking of stained eggs may not exceed five (5) minutes. Water
			 temperature must meet requirements of Subsection
			 550.03. (3-15-22)
05.
Rest Period
. During any rest
			 period, eggs must be removed from the washing and rinsing area of the egg
			 washer and from the scanning area whenever there is a buildup of heat.
			 (3-15-22)
06.
Washing and
			 Rinsing Compound
. Where washing and rinsing compounds are used, they
			 must be approved by the United States Department of Agriculture or the State
			 Department of Agriculture. (3-15-22)
07.
Grading and Packing Rooms
.
			 Grading and packing rooms must be kept reasonably clean during grading and
			 packing operations and must be thoroughly cleaned at the end of each operating
			 day. (3-15-22)
08.
Weighing
			 and Grading Equipment
. Weighing and grading equipment, whether manual or
			 automatic, must be kept clean and be capable of ready adjustment.
			 (3-15-22)
09.
Adequate
			 Lavatory and Toilet Accommodations Must Be Provided
. Toilet and locker
			 rooms must be maintained in a clean and sanitary condition. Hot and cold
			 running water must be provided. Signs must be posted in the rest rooms
			 instructing employees to wash their hands before returning to work.
			 (3-15-22)
10.
Trash
.
			 Trash accumulations must be removed from the grading room after each day of
			 operation and removed from the premises on a regular basis. (3-15-22)
11.
Thermometers
. Accurate
			 thermometers must be provided in egg coolers. (3-15-22)
12.
Sanitary Conditions
. Cooler
			 rooms must be free from objectable odors and from mold, and maintained in a
			 sanitary condition. (3-15-22)
13.
Egg Handling and Transport
. (3-15-22)
a. All eggs handled, stored or offered for
			 sale by egg distributors, egg dealers and retailers must be held under
			 refrigeration at a temperature of forty-five (45) degrees F or below.
			 (3-15-22)
b. Eggs must be
			 transported from one facility to another facility in clean and sanitary
			 vehicles that are refrigerated or capable of maintaining the ambient
			 temperature of the eggs at forty-five (45) degrees F or below.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.11 - RULES GOVERNING EGGS AND EGG PRODUCTS › Section 02.02.11.600 - EGG SEALS, TAX AND CARTONS

Current through August 31, 2023
01.
Cartons
. Each egg carton must display the following: (3-15-22)
a. An official egg seal one and one-fourth (1
			 1/4") inches in diameter, black in color with white printing, containing the
			 statement: "State of Idaho, Department of Agriculture - One Dozen Graded Eggs."
			 These official gummed egg seals are available only through the Department and
			 sold at the assessment rate established in this rule; or (3-15-22)
b. A legible facsimile egg seal, as defined
			 in Subsection 600.02 of
			 these rules. (In lieu of the official or facsimile egg seal application for
			 exemption from use of seals may be made to the Director under the provisions of
			 Subsection 600.07 of these rules.)
			 (3-15-22)
c. Grade of the eggs
			 contained in the carton. (3-15-22)
d. Size of the eggs contained in the carton.
			 (3-15-22)
e. The name and address
			 of the distributor, together with any desired business or corporation name.
			 (e.g. John Doe, Boise, Idaho; or Produced for, Packed for, Distributed for
			 X-Y-Z Stores, by John Doe, Boise, Idaho.) (3-15-22)
f. The statement "Keep Refrigerated" or with
			 a statement of similar meaning. (3-15-22)
g. The items set forth in Subsections
			 600.01.a. or 600.01.b., and
			 600.01.c. and 600.01.d. must be contained on the top panel; items set forth in
			 Subsections 600.01.e. and 600.01.f. may be
			 contained anywhere on the lid portion of each egg carton to be used by any
			 dealer or distributor. The items must be clearly and legibly displayed in
			 contrast to the color of the carton and surrounding colors so that they can be
			 easily distinguished and read. Other coloring or printing that may appear on
			 the top panel of each egg carton must not dominate the above listed items. No
			 printed matter or design must separate or interfere with the clear legibility
			 of the necessary items. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 02.02.12, "Bonded
			 Warehouse Rules." (3-15-22)
02.
Scope
. These rules clarify the procedure for licensing, collection
			 and remittance of assessment, determining claim value, maintaining electronic
			 records use of electronic scales and remedies of the Department for
			 non-compliance. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.010 - DEFINITIONS

Current through August 31, 2023
The definitions set forth in Section
				69-202, Idaho Code, and the
				following apply: (3-15-22)
01.
Cash Sale
. Payment to the producer by the warehouse or dealer
			 contemporaneously with the transfer of commodity to the warehouse or dealer.
			 (3-15-22)
02.
Commodity
			 Indemnity Fund (CIF)
. Commodity Indemnity Fund is a trust fund.
			 (3-15-22)
03.
Credit-Sale
			 Contract
. An agreement in writing containing the provisions of Section
			 69-249, Idaho Code, and where the
			 producer transfers a specific quantity of commodity to a warehouse or dealer
			 with a price or payment to the producer by the warehouse or dealer to be made
			 at a later date or on the occurrence of a specific event expressed in the
			 agreement. (3-15-22)
04.
Dealer
. Is limited to dealers licensed by the state of Idaho.
			 (3-15-22)
05.
Deposit for
			 Service
. Deposit of a commodity by a person for cleaning, processing,
			 reconditioning or the rendering of other similar services by a warehouse, but
			 does not include either a cash sale, credit-sale, or open storage.
			 (3-15-22)
06.
NPE
. (No
			 price established contract) A contract containing no readily calculable sale
			 value of the commodity for the producer. (3-15-22)
07.
Open Storage
. The deposit of
			 commodity by the producer for a period of time with the subsequent disposition
			 of the same commodity or a fungible commodity as agreed to by the parties.
			 (3-15-22)
08.
Warehouse
. Is limited to warehouses licensed by the state of
			 Idaho. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.012 - LICENSING

Current through August 31, 2023
01.
Posting of License
.
			 Immediately upon receipt of the license or any renewal, extension or
			 modification thereof under Title 69, Chapter 2, Idaho Code, the licensed
			 warehouseman shall post the license in a conspicuous place in each place of
			 business or in any other place as the Director may determine. The Department
			 will issue a duplicate license for each additional facility as needed.
			 (3-15-22)
02.
Return of
			 Suspended or Terminated License
. If a license issued to a warehouseman
			 has lapsed or is suspended, revoked or canceled by the Director, the license
			 shall be returned to the Department. (3-15-22)
03.
Suspension Due to Neglect
.
			 If, through inspection or other information, it is revealed or indicated that
			 the commodities in storage are deteriorating due to the warehouseman's or
			 operator's neglect, the license may be suspended until the matter has been
			 corrected to the satisfaction of the Director. (3-15-22)
04.
Loss of License
. Upon
			 satisfactory proof of the loss or destruction of a license issued to a
			 warehouseman, a duplicate may be issued under the same number or a new number
			 at the discretion of the Director. (3-15-22)
05.
Sign to Be Posted
. Each
			 licensed warehouseman shall maintain suitable signs on the licensed property in
			 such manner as will give ample public notice of his tenancy. These signs shall
			 be painted on the warehouse or elevator in letters not less than six (6) inches
			 in height and contain the following words: "State No. ___." The number of each
			 warehouse will be assigned by the Director. (3-15-22)
06.
Bins Labeled
. All storage
			 areas licensed for the storage of agricultural commodities shall be numbered
			 and have a diagram of the storage areas kept in the office showing the exact
			 dimensions and the maximum capacity of the storage area. (3-15-22)
07.
Insurance Calculations
. The
			 director may approve a request to reduce the insurance calculation for a
			 facility provided the request is in writing and evidence is supplied that all
			 agricultural commodities that are stored at any given point in time are insured
			 pursuant to Title 69, Chapter 2, Idaho Code. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.050 - RECEIPTING

Current through August 31, 2023
01.
Every Warehouseman
. Every
			 warehouseman shall issue a negotiable warehouse receipt when requested to do so
			 by the depositor. All storage and handling charges are due and payable on or
			 before July 1 following the date of the issuance of the receipt, or as agreed
			 upon by the parties. (3-15-22)
02.
Form of Nonnegotiable Warehouse Receipts
. Nonnegotiable warehouse
			 receipts that contain the essential terms for warehouse receipts as set forth
			 in Section
			 28-7-202, Idaho Code, and Section
			 69-223, Idaho Code, are deemed
			 sufficient for all purposes. Copies of all nonnegotiable warehouse receipts
			 shall be kept as permanent records by the warehouseman issuing them.
			 (3-15-22)
03.
Lost Negotiable
			 Warehouse Receipt
. To cancel an outstanding warehouse receipt or issue a
			 new warehouse receipt supplementing one that has been lost or destroyed, the
			 licensed warehouseman shall require the depositor or other applicant to submit
			 to the warehouseman: (3-15-22)
a. An
			 affidavit showing that he is lawfully entitled to the possession of the
			 original receipt, that he has not negotiated or assigned it and how the
			 original receipt was lost or destroyed; and (3-15-22)
b. A bond in the amount double the market
			 value of the agricultural commodity represented by the lost or destroyed
			 receipt. The market value shall be determined at the time this bond is
			 submitted for the lost receipt. A duplicate warehouse receipt shall clearly
			 state that it is a duplicate receipt, the number of the receipt the duplicate
			 is replacing, and the license number under which the original receipt was
			 issued. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.080 - FORWARDING AGRICULTURAL COMMODITIES

Current through August 31, 2023
Warehouses licensed under Title 69, Chapter 2, Idaho Code,
				receiving agricultural commodities for shipment to terminals or to other
				warehouses for storage or processing within the state or outside the state
				shall have in their possession a statement authorizing the shipment of
				agricultural commodities to another location for storage or processing that is
				signed by the owner or producer of the agricultural commodity. The receiving
				warehouse shall be a state or federally licensed and bonded warehouse or have a
				Commodity Credit Corporation storage agreement. When requested to do so by an
				Idaho Warehouse Examiner, the shipping warehouse shall promptly procure from
				the terminal or storage warehouse a statement or negotiable warehouse receipt
				on a form approved by the director describing the quantity, class and grade of
				all agricultural commodities so shipped and in storage. The shipping warehouse
				shall have such forms promptly forwarded and returned to the Idaho Department
				of Agriculture, Bureau of Warehouse Control, within fifteen (15) days of
				issuance. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.100 - OFFICE RECORDS

Current through August 31, 2023
A warehouseman shall maintain complete and sufficient records
				to show all deposits, purchases, sales contracts, storage obligations and
				loadouts of the warehouse in this state that are subject to Department
				inspection during normal business hours. Office records as set forth in Title
				69, Chapter 2, Idaho Code, include, but not limited to, the following:
				(3-15-22)
01.
Daily Position
			 Record
. This shows the total quantity of each kind and class of
			 agricultural commodity received and loaded out, the amount remaining in storage
			 at the close of each business day, and the warehouseman's total storage
			 obligation for each kind and class of agricultural commodity at the close of
			 each business day. (3-15-22)
02.
Storage Ledger
. This shows the name and address of the depositor,
			 the date purchased, the terms of the sale, and the quality and quantity of the
			 agricultural commodity purchased by the warehouseman. When applicable, the
			 storage ledger shall also show the tare, grade, size, net weight, and unsold
			 amount of agricultural commodities. (3-15-22)
03.
Scale Weight Tickets
. Scale
			 weight tickets, except tickets for electronic scales that are recorded and
			 maintained electronically, shall be pre-numbered with one (1) copy of each
			 ticket maintained in numerical order. All scale weight tickets shall show the
			 time when the commodities were delivered, the quantities delivered, who
			 delivered the commodities, the ownership of the commodities, and the condition
			 of the commodities upon delivery. (3-15-22)
04.
Receipts and Tickets
.
			 Receipts and tickets in the warehouseman's possession that have not been
			 issued. (3-15-22)
05.
Receipts and Tickets Issued by the Warehouseman
. Receipts and
			 tickets issued by the warehouseman. (3-15-22)
06.
Receipts and Tickets Returned and
			 Cancelled
. Receipts and tickets returned to and cancelled by the
			 warehouseman. (3-15-22)
07.
Insurance Documentation
. (3-15-22)
08.
Electronic Records
. If any
			 electronic records are maintained outside of the state of Idaho, the Department
			 is entitled to examine them at any reasonable time and place as determined by
			 the Department. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.130 - LICENSE APPLICATION AND CONDITIONS OF ISSUANCE

Current through August 31, 2023
01.
License Application
. Application for a license to operate a
			 warehouse under the provisions of Title 69, Chapter 2, Idaho Code, shall be on
			 a form prescribed by the Department and include: (3-15-22)
a. The full name of the person applying for
			 the license and whether the applicant is an individual, partnership,
			 association, corporation or other entity. (3-15-22)
b. The full name of each member of the firm
			 or partnership, or the names of the officers and directors of the company or
			 limited liability company, association, or corporation. (3-15-22)
c. The address of the principal place of
			 business. (3-15-22)
d. Information
			 relating to any judgments against the applicants. (3-15-22)
e. The location of each warehouse the
			 applicant intends to operate and the commodities expected to be stored.
			 (3-15-22)
f. A current financial
			 statement as specified by Section
			 69-206, Idaho Code.
			 (3-15-22)
g. A sketch or drawing as
			 specified in Section
			 69-206, Idaho Code.
			 (3-15-22)
h. A bond as required by
			 Section 69-208, Idaho Code.
			 (3-15-22)
i. Proof of insurance as
			 required by Section
			 69-206, Idaho Code.
			 (3-15-22)
j. The license fee as
			 prescribed by Section
			 69-211, Idaho Code.
			 (3-15-22)
k. Any other reasonable
			 information the Department finds necessary to carry out the purpose and
			 provisions of Title 69, Chapter 2, Idaho Code. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.131 - AMOUNT OF BOND, IRREVOCABLE LETTER OF CREDIT, CERTIFICATE OF DEPOSIT, OR SINGLE BOND

Current through August 31, 2023
01.
Bonding
			 Requirement
. The amount of bond to be furnished shall be fixed at a rate
			 pursuant to Section
			 69-208A, Idaho Code.
			 (3-15-22)
02.
Single Bond,
			 Irrevocable Letter of Credit or Certificate of Deposit
. For the purposes
			 of licensing as a warehouseman pursuant to Title 69, Chapter 2, Idaho Code and
			 a seed buyer pursuant to Title 22, Chapter 51, Idaho Code a single bond,
			 irrevocable letter of credit or certificate of deposit shall be fixed at
			 whichever of the following amounts is greater: (3-15-22)
a. Combined total indebtedness paid and owed
			 to producers for agricultural commodity and seed crop, without any deductions,
			 for the previous license year; or (3-15-22)
b. The indebtedness owed and estimated to be
			 owed to producers for agricultural commodity and seed crop, without any
			 deductions, for the current license year. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.150 - WAREHOUSES TO BE KEPT CLEAN

Current through August 31, 2023
Each warehouseman is required to use such precautions and
				surveillance as is necessary to provide for the safe and adequate storage of
				all commodities stored in his warehouse and to prevent these commodities from
				being contaminated in any way from chemicals, pesticides, fertilizers,
				adulterated seeds, animals, birds or any such thing as may contaminate or
				reduce the quality of stored goods. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.180 - WAREHOUSEMAN RESPONSIBILITIES

Current through August 31, 2023
01.
Warehouse
			 Receipts -- Quality
. A warehouseman licensed under Title 69, Chapter 2,
			 Idaho Code, shall maintain in the facility of issuance of any negotiable
			 warehouse receipt, for as long as the receipt is outstanding and has not been
			 canceled, like variety, quantity, and quality of the agricultural commodity
			 stated on the receipt. No warehouseman shall remove, deliver, direct or permit
			 any person to remove or deliver any agricultural commodity from any warehouse
			 for which warehouse receipts have been issued and are outstanding, without
			 receiving and canceling the warehouse receipt that was issued for the
			 commodity, except if the Director determines an emergency storage situation
			 exists. A warehouseman may then forward agricultural commodities to other
			 licensed warehouses for storage without canceling the outstanding warehouse
			 receipt, provided the following conditions are met: (3-15-22)
a. The warehouseman obtains written approval
			 from the Department prior to forwarding agricultural commodities.
			 (3-15-22)
b. The warehouseman
			 provides written guidelines to the Department establishing how he will be back
			 in position within the time limits set and granted by the Department.
			 (3-15-22)
c. The warehouseman
			 maintains and makes available to the Department records of positions concerning
			 the forwarding of agricultural commodities. (3-15-22)
d. The receiving warehouse is a state or
			 federally licensed and bonded warehouse or have a Commodity Credit Corporation
			 storage agreement. (3-15-22)
e. The
			 shipping warehouse has in its possession a statement signed by the bearer of
			 the warehouse receipt authorizing the shipment of agricultural commodities
			 represented by such receipt to another location for storage.
			 (3-15-22)
f. When requested to do
			 so by the Department, the shipping warehouseman shall promptly procure from the
			 receiving warehouseman a statement describing the quantity, class and grade of
			 all agricultural commodities so shipped and in storage on a form approved by
			 the Director. The shipping warehouseman shall have such forms promptly
			 forwarded to the receiving warehouseman for verification of quantity, class and
			 grade of agricultural commodities forwarded and return the verification to the
			 Department within fifteen (15) days of issuance. Failure to provide this
			 statement to the Department in the above specified time, will result in a short
			 position for the warehouseman with penalties as prescribed by law.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.200 - INSURANCE SETTLEMENT

Current through August 31, 2023
When the commodities within a licensed warehouse have been
				damaged or destroyed, the warehouseman shall make complete settlement to all
				depositors having agricultural commodities stored in the warehouse within ten
				(10) days after a settlement with the insurance company. Failure of the
				warehouseman to make such settlement is grounds for revocation of the license.
				However, such settlement need not be made within the ten (10) days period if
				the warehouseman and the depositor agree to other terms. In the case of
				commingled agricultural commodities where only a portion is damaged, settlement
				may be made on a pro rata basis to the owners of all agricultural commodities
				stored within the warehouse. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.230 - AGRICULTURAL COMMODITIES - WAREHOUSE OBLIGATIONS

Current through August 31, 2023
Any agricultural commodity deposited for storage that is not
				sold by contract or otherwise, as shown by documentation, is open storage and
				shall be considered a warehouse obligation. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.300 - FINANCIAL STATEMENTS

Current through August 31, 2023
In order to obtain a bonded warehouse license, the applicant
				shall submit a current financial statement that has been prepared not more than
				ninety (90) days prior to the date of application and conform to the applicable
				requirements of Title 69, Chapter 2, Idaho Code, as to annual financial
				statements. (3-15-22)
01.
Statement Compliance
. Each licensed warehouseman shall submit to
			 the Department an annual financial statement that has been audited or reviewed
			 by an independent certified public accountant or independent licensed public
			 accountant and be submitted to the Department no later than ninety (90) days
			 after the end of the warehouseman's fiscal year. The warehouse license may be
			 suspended or revoked for failure to comply with licensing requirements stated
			 in Bonded Warehouse Rule Section
			 300 and Section(s) 69-206(6) and
			 (7), Idaho Code. (3-15-22)
a. The Department
			 may grant an extension of no more than sixty (60) days, provided sufficient
			 cause of an exceptional nature is provided, in writing, to the Department by a
			 certified public accountant or a licensed public accountant and made prior to
			 the date the financial statement is due. (3-15-22)
b. The director may make exceptions to the
			 financial statement requirements provided sufficient cause is provided and to
			 do so would be in the best interest of the State. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.330 - AMENDING TARIFF

Current through August 31, 2023
Tariffs may be amended by the licensed warehouseman by filing a
				new tariff with the Department. The previous tariff continues to apply on all
				commodities received prior to the effective date of the amended tariff until
				the anniversary date of deposit. The amended tariff applies to any commodities
				received after the effective date of the amendment and on any commodities
				stored under the previous tariff commencing on the anniversary date of the
				storage period. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.400 - INSURANCE DEDUCTIBLE

Current through August 31, 2023
The maximum deductible allowed for insurance required by
				Section 69-206(1), Idaho
				Code, shall be five thousand dollars ($5,000). However, a larger deductible may
				be allowed at the discretion of the Director. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.430 - ADDITIONAL BONDING REQUIREMENTS

Current through August 31, 2023
If it appears the licensee does not have the ability to pay
				producers for commodities purchased, or when it appears the licensee does not
				have a sufficient net worth to outstanding financial obligations ratio, the
				Department may require the licensee to post a bond or other additional
				acceptable security in the amount of two thousand dollars ($2,000) for each one
				thousand dollars ($1,000) or fraction thereof of deficiency. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.480 - COMMODITY INDEMNITY FUND

Current through August 31, 2023
The Commodity Indemnity Fund applies to entities governed by
				Chapter 2, Title 69, Idaho Code, and Chapter 5, Title 69, Idaho Code,
				warehouses and dealers, respectively, unless otherwise specified.
				(3-15-22)
01.
Rate of
			 Assessment
. The rate of assessment is two-tenths of one percent (.2%) of
			 the total value at the time of sale of the commodities pursuant to Section
			 69-257(2), Idaho
			 Code. The maximum rate of assessment shall not exceed two-tenths of one percent
			 (.2%) of the total gross dollar amount, without deductions, due the producer.
			 The Director may establish a lower rate of assessment whenever he deems it
			 advisable or as recommended by the advisory committee established by Section
			 69-261, Idaho Code. (3-15-22)
a. The rate of assessment on commodity
			 withdrawn by its producer from open storage is one cent ($.01) per
			 hundredweight (CWT) of commodity at the time of withdrawal. (3-15-22)
b. If the amount of the assessment for a
			 producer on all deposits made in a calendar year is calculated to be less than
			 fifty cents ($.50), no assessment will be collected. If deposits exceed the
			 fifty cent ($.50) limit, all assessments will be collected.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.481 - HOW ASSESSMENTS ARE TO BE CALCULATED

Current through August 31, 2023
Assessments shall be collected by all warehouses from all
				producers who deposit commodities for storage or sale. Assessments are
				calculated as follows: (3-15-22)
01.
Cash Sale or Credit Sale Contract
. In a cash sale or credit sale
			 contract on the contract price of the commodity at the time of sale.
			 (3-15-22)
02.
Open Storage or
			 Deposit for Service
. When commodity is withdrawn from storage by the
			 producer, the assessment will be one cent ($.01) per hundred weight (CWT) at
			 the time of withdrawal. (3-15-22)
03.
Unpaid Assessments
. If any
			 assessment is unpaid and a failure occurs, the amount of the unpaid assessment
			 will be deducted from any CIF recovery paid to the producer.
			 (3-15-22)
04.
Incidental
			 Costs and Expenses
. All incidental costs and expenses including, but not
			 limited to transportation, cleaning, in and out charges, insurance, taxes or
			 additional services or charges are not included in the calculation to determine
			 the assessment. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.482 - RECORDKEEPING AND PAYMENT SCHEDULE

Current through August 31, 2023
01.
Permanent
			 Record
. Each warehouse and dealer shall maintain a permanent record
			 showing producer's name and address, lot or identification number, date
			 assessment collected, amount of assessment, commodity assessed, quantity of
			 commodity, gross dollars of settlement and check number issued to producer.
			 (3-15-22)
02.
Payment Due
			 Dates
. On or before the twentieth day of the month following the close
			 of the quarter, on a form prescribed by the Department, the assessments imposed
			 by Chapters 2 and 5 of Title 69, Idaho Code, collected by warehouses and
			 dealers, are due and payable to the Department. A quarter (1/4) will consist of
			 three (3) months beginning on the first day of January, April, July, and
			 October. If assessment is paid by mail the payment must be postmarked not later
			 than the twentieth day of the month following the close of the quarter to avoid
			 interest and penalty charges. (3-15-22)
03.
Notice
. The notice and rate
			 of assessment or a copy of the official notice of suspension of assessment are
			 to be posted in a conspicuous place in the warehouse or dealer facility.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.483 - TRUST FUNDS

Current through August 31, 2023
All assessments collected by warehouses and dealers in
				compliance with Chapters 2 and 5, Title 69, Idaho Code, shall, immediately upon
				payment to and collection by the warehouse or dealer, be trust fund money and
				held for payment to the Department for the CIF. Such money shall not, for any
				purpose, be considered to be a part of the proceeds of any transaction between
				a depositor and warehouse or dealer for which the collection and payment of the
				assessment was related and shall not be subject to an encumbrance, security
				interest, execution or seizure on account of any debt owed by the warehouse or
				dealer to any of their creditors. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.484 - PENALTIES FOR FAILURE TO COLLECT, ACCOUNT FOR, OR REMIT ASSESSMENTS

Current through August 31, 2023
Failure to collect, account for, or remit assessments, or
				violations of the statutory requirements of Chapters 2 and 5, Title 69, Idaho
				Code, as it relates to the CIF are grounds for the immediate demand on the
				warehouse, dealer bond, letter of credit, or certificate of deposit, and the
				undertaking by the Director of any other remedy provided by law.
				(3-15-22)