reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.485 - RETURN OF COMMODITY DUE TO FAILURE

Current through August 31, 2023
In the event of failure the Department may: (3-15-22)
01.
Identifiable Commodity
.
			 Return specifically identifiable commodity or as much as is available to its
			 producer in full or partial satisfaction of indebtedness; or
			 (3-15-22)
02.
Fungible
			 Commodity
. If the commodity is fungible, an amount equal to the
			 producer's original deposit or if insufficient fungible commodity is available,
			 a pro-rata share to all producers of the commodity; and (3-15-22)
03.
Shortfall in Commodity
			 Distribution
. Any shortfall in commodity distribution may be submitted
			 as a claim against the CIF. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.12 - BONDED WAREHOUSE RULES › Section 02.02.12.501 - NPE CONTRACT CLAIMS ON THE FUND

Current through August 31, 2023
NPE contracts shall be executed in writing, dated, and signed
				by all parties to the contract. (3-15-22)
01.
NPE Clause
. An NPE contract
			 shall have the following statement: "No claim shall be paid from the CIF
			 pursuant to Section
			 69-263, Idaho Code, if a producer
			 files his claim more than one hundred eighty (180) days from the date the
			 contract is executed." (3-15-22)
02.
NPE Contract List
. A
			 warehouseman shall maintain a list of all NPE contracts written in a calendar
			 year that reflects the producers name, contract number, agricultural commodity,
			 and date of the contract. (3-15-22)
03.
NPE Contract Renewal Period
.
			 A producer may renew an NPE contract; but no claim shall be paid from the CIF
			 if a producer files his claim more than three hundred sixty-five (365) days
			 from the date the original NPE contract was executed. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 02.02.13, "Commodity
			 Dealers' Rules." (3-15-22)
02.
Scope
. These rules clarify the procedure for licensing, collection
			 and remittance of assessments, 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 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.010 - DEFINITIONS

Current through August 31, 2023
The Idaho State Department of Agriculture adopts the
				definitions set forth in Section
				69-502, Idaho Code. In addition
				the following definitions apply to the interpretation and enforcement of this
				chapter. (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
. Commodity Indemnity Fund is a trust fund.
			 (3-15-22)
03.
Credit-Sale
			 Contract
. An agreement in writing containing the provisions of Section
			 69-514, 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.
Seed
			 Crops
. Means any seed crop regulated by Title 22, Chapter 4, Idaho Code.
			 (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.
Warehouse
. Is limited to
			 warehouses licensed by the state of Idaho. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.011 - ABBREVIATIONS

Current through August 31, 2023
01.
CIF
. Commodity Indemnity
			 Fund. (3-15-22)
02.
NPE
. No price established contract. (3-15-22)
03.
SIF
. Seed Indemnity Fund.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.012 - 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 5, Idaho Code, the licensed
			 commodity dealer 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 commodity
			 dealer has lapsed or is suspended, revoked or cancelled by the Director, the
			 license shall be returned to the Department. At the expiration of any period of
			 suspension, revocation or cancellation the license will be returned to the
			 commodity dealer to whom it was originally issued and be posted as prescribed
			 by these rules. (3-15-22)
03.
Loss of License
. Upon satisfactory proof of the loss or
			 destruction of a license issued to a commodity dealer, a duplicate may be
			 issued under the same number or a new number at the discretion of the Director.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.100 - OFFICE RECORDS

Current through August 31, 2023
A commodity dealer shall maintain complete and sufficient
				records to show all purchases and sales, including all contracts relating to
				these transactions. A warehouse licensed as a commodity dealer under Title 69,
				Chapter 5, Idaho Code, must maintain complete and sufficient records to show
				all deposits, purchases, sales contracts, storage obligations and loadouts of
				the warehouse in this State. Office records as set forth in Title 69, Chapter
				5, Idaho Code, include, but not be limited to, the following: (3-15-22)
01.
Daily Position Record
.
			 Record which 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.
Settlement
			 Sheets/Storage Ledgers
. Every commodity dealer shall use settlement
			 sheets showing the dealer's name and location in making settlement with the
			 seller, unless otherwise approved by the Director. All settlement
			 sheets/storage ledgers include, but are not limited to, the following
			 information: (3-15-22)
a. The seller's name
			 and address. (3-15-22)
b. The date
			 of deliveries. (3-15-22)
c. The
			 scale ticket numbers. (3-15-22)
d.
			 The amount, kind and grade of commodity delivered. (3-15-22)
e. The price per bushel or unit.
			 (3-15-22)
f. The date and amount of
			 payment. (3-15-22)
g. The contract
			 number if a deferred payment, deferred pricing or other sale contract is used.
			 A copy of each settlement sheet shall be maintained in alphabetical order by
			 the commodity dealer as part of the pay records. (3-15-22)
h. Electronic Records. If any electronic
			 records are maintained outside of the state of Idaho, the Department must be
			 allowed 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 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.150 - INSPECTION

Current through August 31, 2023
For the purpose of inspection the hours of 8 a.m. to 5 p.m.,
				Monday through Friday, except holidays, are considered as ordinary business
				hours. All financial records, commodity records and payment records shall be
				available for inspection by the Department during ordinary business hours and
				any other reasonable time specified by the Department in writing. All records
				shall be made available within the state of Idaho upon request.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.200 - LICENSING APPLICATION FORMAT

Current through August 31, 2023
01.
License
			 -- Application
. Application for a license to operate as a commodity
			 dealer under the provisions of Title 69, Chapter 5, 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. The names of
			 any businesses previously owned or operated by the applicant or any members,
			 officers or directors if the applicant is a corporation, partnership or
			 association. (3-15-22)
e.
			 Information relating to any prior adjudication of bankruptcy relating to the
			 business or any members, officers or directors thereof. (3-15-22)
f. Information relating to any judgments
			 against the applicants. (3-15-22)
g. The location of each office the applicant
			 intends to operate. (3-15-22)
h.
			 Any other reasonable information the Department finds necessary to carry out
			 the purpose and provisions of Title 69, Chapter 5, Idaho Code.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.250 - RECORDS - SEPARATE

Current through August 31, 2023
All records and accounts required under Title 69, Chapter 5,
				Idaho Code, shall be kept separate and distinct from all records and accounts
				of any other business and are subject to inspection by the Director at any
				reasonable time. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.300 - FINANCIAL STATEMENT

Current through August 31, 2023
01.
Financial
			 Statements
. In order to obtain a commodity dealer's license, the
			 applicant shall submit a current financial statement prepared not more than
			 ninety (90) days prior to the date of application and conform to the applicable
			 requirements of Title 69, Chapter 5, Idaho Code, as to annual financial
			 statements. (3-15-22)
02.
Statement Compliance
. Each licensed commodity dealer 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. The statement shall be submitted to the Department no later
			 than ninety (90) days after the end of the commodity dealer's fiscal year. The
			 commodity dealer license may be suspended or revoked for failure to comply with
			 licensing requirements stated in Subsection
			 300.01 of these rules and
			 Section(s) 69-503(6) and 69-521, Idaho Code. (3-15-22)
a. The Department may grant an extension of
			 no more than sixty (60) days, provided cause of an exceptional nature is
			 provided, in writing, to the Department. (3-15-22)
b. The request must be made by a certified
			 public accountant or a licensed public accountant. (3-15-22)
c. The request is made prior to the date the
			 financial statement is due. (3-15-22)
d. 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 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.350 - SHIPPING RECORDS

Current through August 31, 2023
Every dealer who ships by truck shall maintain a truck shipping
				record and every dealer who ships by rail must maintain a rail or car shipping
				record. Each shipping record includes, but is not limited to, the following:
				(3-15-22)
01.
Name and
			 Address
. The name and address of the seller or shipper.
			 (3-15-22)
02.
Buyer and
			 Destination
. The buyer and destination of the commodity shipped.
			 (3-15-22)
03.
Date
.
			 The date the agricultural commodities were shipped. (3-15-22)
04.
Amount and Type
. The amount
			 and type of agricultural commodities shipped. (3-15-22)
05.
Identification Number
. The
			 truck identification or car number. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.400 - SCALE TICKETS

Current through August 31, 2023
If a dealer has access to a scale that can be used for weighing
				commodity, that dealer shall use pre-numbered scale tickets showing the
				dealer's name and location. A copy of each ticket shall be maintained in
				numerical order as part of the commodity records. If a dealer does not have
				access to a scale and purchases commodity by having it custom weighed at
				various locations or at destination, the dealer shall maintain a copy of the
				scale ticket in chronological order as part of the commodity records. If
				agricultural commodities are settled on destination weights, copies of the
				destination weights are to be kept as part of the records. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.451 - 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 for each class 1 dealer
			 and each class 2 dealer is fixed at a rate pursuant to Section
			 69-506, Idaho Code.
			 (3-15-22)
02.
Single Bond,
			 Irrevocable Letter of Credit or Certificate of Deposit
. For the purposes
			 of licensing as a commodity dealer pursuant to Title 69, Chapter 5, 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 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.500 - 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%)
			 gross dollar amount, without deductions, due the producer pursuant to Section
			 69-257(2), Idaho
			 Code. 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)
02.
Exemptions to
			 Assessment
. Producers are not eligible to participate in CIF and no
			 assessments will be collected in the following cases. (3-15-22)
a. If a producer has a financial or
			 management interest in a licensed warehouse or licensed commodity dealer,
			 except members of a cooperative marketing association qualified under Title 22,
			 Chapter 26, Idaho Code. (3-15-22)
b. If a producer sells to another producer,
			 none of which are a licensed warehouseman or a licensed commodity dealer.
			 (3-15-22)
c. If a producer deposits
			 or delivers commodity to an unlicensed entity pursuant to Title 69, Chapters 2
			 or 5, Idaho Code. (3-15-22)
d.
			 Non-producers or producers delivering commodity that was grown on land not
			 situated within the borders of the state of Idaho are exempt from paying
			 assessments. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.501 - NPE CONTRACT CLAIMS ON THE FUND

Current through August 31, 2023
NPE contracts shall be executed in writing, dated, and signed
				by all parties to the contract. (3-15-22)
01.
NPE Clause
. An NPE contract
			 shall have the following statement: "No claim shall be paid from the CIF
			 pursuant to Section
			 69-263, Idaho Code, if a producer
			 files his claim more than one hundred eighty (180) days from the date the
			 contract is executed." (3-15-22)
02.
NPE Contract List
. A
			 commodity dealer shall maintain a list of all NPE contracts written in a
			 calendar year that reflects the producers name, contract number, agricultural
			 commodity and date of the contract. (3-15-22)
03.
NPE Contract Renewal Period
.
			 A producer may renew an NPE contract; but no claim shall be paid from the CIF
			 if a producer files his claim more than three hundred sixty-five (365) days
			 from the date the original NPE contract was executed. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.502 - HOW ASSESSMENTS ARE TO BE CALCULATED

Current through August 31, 2023
Assessments shall be collected by all warehouses licensed as
				commodity dealers 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.
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)
03.
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 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.503 - 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 Title 69, Chapters 2 and 5, Idaho Code, collected by warehouses and dealers,
			 are due and payable to the Department. A quarter 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 shall 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 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.504 - TRUST FUNDS

Current through August 31, 2023
All assessments collected by warehouses and dealers in
				compliance with Title 69, Chapters 2 and 5, Idaho Code, immediately upon
				payment to and collection by the warehouse or dealer, are trust fund money 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 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.505 - PENALTIES FOR FAILURE TO COLLECT, ACCOUNT FOR, OR REMIT ASSESSMENTS -OTHER VIOLATIONS

Current through August 31, 2023
Failure to collect, account for, or remit assessments, or
				violations of the statutory requirements of Title 69, Chapters 2 and 5, Idaho
				Code, as it relates to the CIF are grounds for the immediate demand on the
				warehouse, dealer bond, or certificate of deposit, and the undertaking by the
				Director of any other remedy provided by law. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.13 - COMMODITY DEALERS' RULES › Section 02.02.13.506 - RETURN OF COMMODITY DUE TO FAILURE

Current through August 31, 2023
In the event of failure the Department may: (3-15-22)
01.
Identifiable Commodity
.
			 Return specifically identifiable commodity or as much as is available to its
			 producer in full or partial satisfaction of indebtedness; or
			 (3-15-22)
02.
Fungible
			 Commodity
. If the commodity is fungible, an amount equal to the
			 producer's original deposit or if insufficient fungible commodity is available,
			 a pro-rata share to all producers of the commodity; and (3-15-22)
03.
Shortfall in Commodity
			 Distribution
. Any shortfall in commodity distribution may be submitted
			 as a claim against the CIF. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Sections
				71-111,
				71-121,
				71-232,
				71-233,
				71-236,
				71-241, and
				71-408, Idaho Code.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is "Rules for Weights and
			 Measures." (3-15-22)
02.
Scope
. This chapter has the following scope: to govern the
			 checking, testing, and examination of weighing and measuring devices, packages
			 and labels; to govern consumer and non-consumer packaging and labeling; to
			 govern the registration of servicemen and service agencies for commercial
			 weighing and measuring devices; to govern the licensing of weighmasters, and to
			 govern the licensing of commercially used weighing and measuring devices and to
			 set maximum annual license fees for weighing and measuring devices.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.004 - INCORPORATION BY REFERENCE

Current through August 31, 2023
01.
Required
			 Reference Materials
. The 2020 edition of Handbook No. 44 of the National
			 Institute of Standards and Technology, United States Department of Commerce,
			 "Specifications, Tolerances, and Other Technical Requirements for Weighing and
			 Measuring Devices," hereby incorporated by reference, is the specifications,
			 tolerances and other technical requirements for commercial weighing and
			 measuring devices, unless otherwise stated in these rules. (3-15-22)
02.
Required Reference Materials for
			 Checking Prepackaged Commodities
. The 2020 edition of Handbook No. 133
			 of the National Institute of Standards and Technology, United States Department
			 of Commerce, "Checking the Net Contents of Packaged Goods," hereby incorporated
			 by reference, is the authority in checking packaged commodities, unless
			 otherwise stated in these rules. (3-15-22)
03.
Specifications for Diesel Fuel and
			 Biodiesel Fuel
. American Society of Testing and Materials (ASTM)
			 D975-20c, "Standard Specification for Diesel Fuel Oils," and ASTM D6751-20a,
			 "Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate
			 Fuels," intended for blending with diesel fuel are hereby incorporated by
			 reference and are the specifications for diesel fuel and biodiesel fuel blend
			 stock (B100 biodiesel). (3-15-22)
04.
Specifications for Gasoline
.
			 American Society of Testing and Materials (ASTM) D4814-21, "Standard
			 Specification for Automotive Spark-Ignition Engine Fuel", dated November 15,
			 2016, is hereby incorporated by reference and is the specification for
			 gasoline. (3-15-22)
05.
Local
			 Availability
. Copies of the incorporated documents are on file with the
			 Idaho State Department of Agriculture, 2216 Kellogg Lane, Boise, Idaho 83712.
			 Copies of NIST documents may be purchased from the Superintendent of Documents,
			 Government Printing Office, Washington, D.C. 20402. Copies are available for
			 downloading at
https://www.nist.gov/pml/weights-and-measures/publications
.
			 Copies of ASTM specifications are on file with the Idaho State Department of
			 Agriculture or may be purchased from
http://www.astm.org
, 100 Barr Harbor Drive,
			 P.O. Box C700, West Conshohocken, PA, 19428. (3-15-22)
06.
Three Year Tier Fee Table
.
			 Copy may be found online at
https://agri.idaho.gov/main/i-need-to/see-lawsrules/ag-inspections-law-and-rules
.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.011 - ABBREVIATIONS

Current through August 31, 2023
01.
ISDA
. Idaho State Department
			 of Agriculture. (3-15-22)
02.
NIST
. National Institute of Standards and Technology.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.012 - LICENSE REQUIRED FOR COMMERCIALLY-USED WEIGHING OR MEASURING INSTRUMENT OR DEVICE

Current through August 31, 2023
Weighing or measuring instruments or devices used for
				commercial purposes in the State of Idaho must be licensed annually.
				(3-15-22)
01.
Annual
			 License
. No person may operate or use for commercial purposes within the
			 state any weighing or measuring instrument or device specified in Section
			 71-113, Idaho Code, that is not
			 licensed in accordance with the requirements of this rule. (3-15-22)
02.
Specific Device
. Any license
			 issued applies only to the instrument or device identified by Device Code, as
			 listed in TABLE 1-A, and rated capacity on the application for license. The
			 license is applicable to an equivalent replacement for the original instrument
			 or device, within the annual license period. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.013 - LICENSE APPLICATION

Current through August 31, 2023
License application must be submitted on forms provided by ISDA
				and accompanied with the proper fee as established in this rule. The capacity
				of an instrument or device will be determined by the manufacturer's rated
				capacity. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.014 - ANNUAL LICENSE PERIOD

Current through August 31, 2023
Annual license applications and fees are due February 1 of each
				year and all licenses expire on January 31 of the following year.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.015 - LICENSE RENEWALS

Current through August 31, 2023
Any device or instrument will be considered rejected if the
				license for that device or instrument is not renewed thirty (30) days after
				expiration. A person failing to pay the annual license fee after forty-five
				(45) days following the expiration date, forfeits the right to use the
				instrument or device for commercial purposes, and the instrument or device may
				be taken out of service by the ISDA Bureau of Weights and Measures until the
				license fee is paid. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.016 - MAXIMUM AND MINIMUM LICENSE FEE SCHEDULE FOR COMMERCIALLY-USED WEIGHING AND MEASURING INSTRUMENTS AND DEVICES

Current through August 31, 2023
The annual license fee for instruments and devices is based on
				manufacturer's rated capacity. The minimum annual license fee for commercially
				used instrument and device types is twelve dollars ($12) when licensing a
				single device.
TABLE 1-A
DEVICE CODE
KEY
FEE (Not to
						  Exceed)
A
Scales [LESS THAN EQUAL TO] 50 lb
$6.00
B
Scales > 50 [LESS THAN EQUAL TO] 1,159
						  lb
$12.00
C
Scales [GREATER THAN EQUAL TO] 1,160 [LESS THAN EQUAL
						  TO] 7,499 lb
$24.00
D
Scales [GREATER THAN EQUAL TO] 7,500 [LESS THAN EQUAL
						  TO] 59,999 lb
$100.00
E & F
Scales 60,000 lbs or more
$100.00
G
Motor-fuel device < 20 gpm
$6.00
H
Meter [Greater Than EQUAL TO] 30 < 150
						  gpm
$33.00
I
Meter [Greater Than EQUAL TO] 150 gpm
$40.00
J
LPG dispenser
$40.00
K & L
LPG temperature compensated
$60.00
M
Cordage or Fabric meters
$5.00
N
Natural gas motor fuel devices
$60.00
O
Bulk oil meter
$35.00
P
Meter > 20 [LESS THAN EQUAL TO] 30 gpm or fuel
						  additive metering devices
$10.00
(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.017 - VOLUNTARY INSPECTION OF WEIGHING AND MEASURING INSTRUMENTS AND DEVICES, FEES

Current through August 31, 2023
In addition to commercially used weighing and measuring
				instruments and devices, ISDA Bureau of Weights and Measures, at the request of
				an owner or user thereof, may inspect and test non-commercial weighing or
				measuring instruments or devices to ascertain if they are correct. Any entity
				making such special request must pay the Bureau of Weights and Measures the
				cost of the inspection as listed in Section
				100. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.018 - LICENSE DISPLAYED

Current through August 31, 2023
Any owner or user of commercially used weighing and measuring
				instruments and devices must display the current annual license for those
				instruments and devices in a prominent place at the same physical location
				where those devices are installed or used. In the case of devices installed on
				vehicles, the license must be carried in the vehicle on which the device is
				installed. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.100 - CHARGES FOR SPECIAL REQUEST TESTING OR EXAMINATION

Current through August 31, 2023
01.
Mileage Charges
. (3-15-22)
a. Fifty-five cents ($.55) a mile for car
			 travel. (3-15-22)
b. Seventy-five
			 cents ($.75) a mile for pickup and prover. (3-15-22)
c. Two dollars and fifty cents ($2.50) a mile
			 for heavy capacity scale trucks. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.150 - PACKAGING AND LABELING RULES

Current through August 31, 2023
The application of this rule applies to packages and to
				commodities in package form, but does not apply to: (3-15-22)
01.
Inner Wrappings
. Inner
			 wrappings not intended to be individually sold to the customer.
			 (3-15-22)
02.
Shipping
			 Containers
. Shipping containers or wrapping used solely for the
			 transportation of any commodities in bulk or in quantity to manufacturers,
			 packers, or processors, or to wholesale or retail distributors, but in no event
			 does this exclusion apply to packages of consumer or non-consumer commodities,
			 as defined herein. (3-15-22)
03.
Auxiliary Containers
. Auxiliary containers or outer wrappings used
			 to deliver packages of such commodities to retail customers if such containers
			 or wrappings bear no printed matter pertaining to any particular commodity.
			 (3-15-22)
04.
Retail Display
			 Containers
. Containers used for retail tray pack displays when the
			 container itself is not intended to be sold (e.g., the tray that is used to
			 display individual envelopes of seasonings, gravies, etc., and the tray itself
			 is not intended to be sold). (3-15-22)
05.
Unpackaged Commodities
.
			 Commodities put up in variable weights and sizes for sale intact and intended
			 to be either weighed or measured at the time of sale, where no package
			 quantities are represented, and where the method of sale is clearly indicated
			 in close proximity to the quantity being sold. (3-15-22)
06.
Open Carriers
. Open carriers
			 and transparent wrappers or carriers for containers when the wrappers or
			 carriers do not bear any written, printed, or graphic matter obscuring the
			 label information required by this rule. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.170 - IDENTITY

Current through August 31, 2023
01.
Declaration of Identity -- Consumer
			 Package
. A declaration of identity on a consumer package must appear on
			 the principal display panel, and positively identify the commodity in the
			 package by its common or usual name, description, generic term, or the like.
			 (3-15-22)
02.
Parallel
			 Identity Declaration -- Consumer Package
. A declaration of identity on a
			 consumer package must appear generally parallel to the base on which the
			 package rests as it is designed to be displayed. (3-15-22)
03.
Declaration of Identity --
			 Non-Consumer Package
. A declaration of identity on a non-consumer
			 package must appear on the outside of a package and positively identify the
			 commodity in the package by its common or usual name, description, generic
			 term, or the like. (3-15-22)
04.
Declaration of Responsibility -- Consumer and Non-Consumer
			 Packages
. (3-15-22)
a. Any package
			 kept, offered, or exposed for sale, or sold, at any place other than on the
			 premises where packed must specify conspicuously on the label of the package
			 the name and address of the manufacturer, packer, or distributor. The name must
			 be the actual corporate name, or, when not incorporated, the name under which
			 the business is conducted. The address must include street address, city,
			 state, and zip code; however, the street address may be omitted if this is
			 shown in a current city directory or telephone directory. The requirement for
			 inclusion of the zip code must apply only to labels that have been developed or
			 revised after July 1, 1970. (3-15-22)
b. If a person manufactures, packs, or
			 distributes a commodity at a place other than his principal place of business,
			 the label may state the principal place of business in lieu of the actual place
			 where the commodity was manufactured or packed or is to be distributed, unless
			 such statement would be misleading. Where the commodity is not manufactured by
			 the person whose name appears on the label, the name must be qualified by a
			 phrase that reveals the connection such person has with such commodity, such as
			 "Manufactured for and packed by," "Distributed by," or any other wording of
			 similar import that expresses the facts. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.171 - DECLARATION OF QUANTITY - CONSUMER PACKAGES

Current through August 31, 2023
01.
Largest Whole Unit
. Where this rule requires that the quantity
			 declaration be in terms of the largest whole unit, the declaration must, with
			 respect to a particular package, be in terms of the largest whole unit of
			 weight or measure, with any remainder expressed in: (3-15-22)
a. Common or decimal fractions of such
			 largest whole unit; or (3-15-22)
b.
			 The next smaller whole unit, or units, with any further remainder in terms of
			 common or decimal fractions of the smallest unit present in the quantity
			 declaration. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.172 - PRESCRIBED UNITS

Current through August 31, 2023
01.
Less Than
			 One Foot, One Square Foot, One Pound, or One Pint
. The declaration of
			 quantity must be expressed as follows, provided, that the quantity declaration
			 appearing on a random package may be expressed in terms of decimal fractions of
			 the largest appropriate unit, the fraction being carried out to not more than
			 two (2) decimal places: (3-15-22)
a. In the
			 case of length measure of less than one (1) foot, inches, and fractions of
			 inches; (3-15-22)
b. In the case of
			 area measure of less than one (1) square foot, square inches, and fractions of
			 square inches; (3-15-22)
c. In the
			 case of weight of less than one (1) pound, ounces, and fractions of ounces;
			 (3-15-22)
d. In the case of fluid
			 measure of less that one (1) pint, ounces, and fractions of ounces:
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.173 - POLYETHYLENE SHEETING

Current through August 31, 2023
01.
Packages
. All packages of polyethylene sheeting must be labeled as
			 to quantity in accordance with the following: (3-15-22)
a. Actual length; (3-15-22)
b. Actual width; (3-15-22)
c. Actual thickness; and (3-15-22)
d. Actual weight of each individual unit.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.174 - SUPPLEMENTARY DECLARATIONS

Current through August 31, 2023
01.
Supplementary Quantity Declarations
. The required quantity
			 declaration may be supplemented by one (1) or more accurate declarations of
			 weight, measure, or count, such declaration appearing other than on a principal
			 display panel. Such supplemental statement of quantity of contents must not
			 include any terms qualifying a unit of weight, measure, or count that tends to
			 exaggerate the amount of commodity contained in the package (e.g., "giant"
			 quart, "full" gallon, "when packed," "minimum," or words of similar import).
			 (3-15-22)
02.
Metric System
			 Declarations
. A separate statement of the net quantity of contents in
			 terms of the metric system is not regarded as a supplemental statement, and a
			 statement of quantity in terms of the metric system of weight or measure may
			 also appear on the principal display panel or on other panels. The metric
			 system may be used as provided for by Section
			 71-229, Idaho Code, in lieu of the
			 traditional system of weights and measures by substituting the proper metric
			 terms where applicable in these rules. (3-15-22)
03.
Qualification of Declaration
			 Prohibited
. In no case will any declaration of quantity be qualified by
			 the addition of the words "when packed," "minimum," or "not less than," or any
			 words of similar import, nor any unit of weight, measure, or count be qualified
			 by any term (such as "jumbo," "giant," "full," or the like) that tends to
			 exaggerate the amount of commodity. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.180 - DECLARATION OF QUANTITY - NON-CONSUMER PACKAGES

Current through August 31, 2023
01.
Location
. Non-consumer packages must bear on the outside a
			 declaration of the net quantity of contents. Such declaration must be in terms
			 of the largest whole unit (see Subsection
			 171.01 Largest Whole Unit).
			 (3-15-22)
02.
Terms --
			 Weight, Liquid Measure, or Count
. The declaration of the quantity of a
			 particular commodity must be expressed in terms of liquid measure if the
			 commodity is liquid, or in terms of weight if the commodity is solid,
			 semisolid, viscous, or a mixture of solid and liquid, or in terms of numerical
			 count. However, if there exists a firmly established general consumer usage and
			 trade custom with respect to the terms used in expressing a declaration of
			 quantity of a particular commodity, such declaration of quantity may be
			 expressed in its traditional terms, if such traditional declaration gives
			 accurate and adequate information as to the quantity of the commodity.
			 (3-15-22)
03.
Units --
			 Weight, Measure
. A declaration of quantity: (3-15-22)
a. In units of weight must be in terms of the
			 avoirdupois pound or ounce; (3-15-22)
b. In units of liquid measure must be in
			 terms of the United States gallon of two hundred thirty-one (231) cubic inches
			 or liquid-quart, liquid-pint, or fluid-ounce subdivisions of the gallon, and
			 must express the volume at sixty-eight (68) degrees F, twenty (20) degrees C,
			 except in the case of petroleum products, for which the declaration must
			 express the volume at sixty (60) degrees F, fifteen point six (15.6) degrees C,
			 and except also in the case of a commodity that is normally sold and consumed
			 while frozen for which the declaration must express the volume at the frozen
			 temperature, and except also in the case of a commodity that is normally sold
			 in the refrigerated state, for which the declaration must express the volume at
			 forty (40) degrees F, four (4) degrees C; (3-15-22)
c. In units of linear measure must be in terms of the
			 yard, foot, or inch; (3-15-22)
d.
			 In units of area measure, must be in terms of the square yard, square foot, or
			 square inch; (3-15-22)
e. In units
			 of dry measure shall be in terms of the United States bushel of two thousand
			 one hundred fifty and forty-two one hundredths (2,150.42) cubic inches, or
			 peck, dry-quart and dry-pint subdivisions of the bushel; (3-15-22)
f. In units of cubic measure must be in terms
			 of the cubic yard, cubic foot, or cubic inch, provided that nothing in this
			 subsection prohibits the labeling of non-consumer packages in terms of units on
			 the metric system. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.200 - PROMINENCE AND PLACEMENT - CONSUMER PACKAGES

Current through August 31, 2023
01.
General
. All information required to appear on a consumer package
			 must appear thereon in the English language and be prominent, definite, and
			 plain, and be conspicuous as to size and style of letters and numbers and as to
			 color of letters and numbers in contrast to color of background. Any required
			 information that is either in hand lettering or hand script must be entirely
			 clear and equal to printing in legibility. (3-15-22)
02.
Location
. The declaration or
			 declarations of quantity of the contents of a package must appear in the bottom
			 thirty percent (30%) of the principal display panel or panels, except as
			 otherwise provided in Subsection
			 220.07, Cylindrical Containers.
			 (3-15-22)
03.
Style of Type
			 or Lettering
. The declaration or declarations of quantity must be in
			 such a style of type or lettering as to be boldly, clearly, and conspicuously
			 presented with respect to other type, lettering, or graphic material on the
			 package, except that a declaration of net quantity blown, formed or molded on a
			 glass or plastic surface is permissible when all label information is blown,
			 formed, or molded on the surface. (3-15-22)
04.
Color Contrast
. The
			 declaration or declarations of quantity must be in a color that contrasts
			 conspicuously with its background, except that a declaration of net quantity
			 blown, formed, or molded on a glass or plastic surface is not required to be
			 presented in a contrasting color if no required label information is on the
			 surface in a contrasting color. (3-15-22)
05.
Free Area
. The area
			 surrounding the quantity declaration must be free of printed information as
			 follows: (3-15-22)
a. Above and below, by a
			 space equal to at least the height of the lettering in the declaration: and
			 (3-15-22)
b. To the left and right,
			 by a space equal to twice the width of the letter "N" of the style and size of
			 type used in the declaration. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.210 - PROMINENCE AND PLACEMENT - NON-CONSUMER PACKAGES GENERAL

Current through August 31, 2023
All information required to appear on a non-consumer package
				must be definitely and clearly stated thereon in the English language. Any
				required information that is either in hand lettering or hand script must be
				entirely clear and equal to printing in legibility. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.220 - REQUIREMENTS - SPECIFIC CONSUMER COMMODITIES, PACKAGES, CONTAINERS

Current through August 31, 2023
01.
Display Card Package
. For an
			 individual package affixed to a display card, or for a commodity and display
			 card together comprising a package, the type size of the quantity declaration
			 is governed by the dimensions of the display card. (3-15-22)
02.
Eggs
. When cartons
			 containing twelve (12) eggs have been designed so as to permit division in half
			 by the retail purchaser, the required quantity declaration must be so
			 positioned as to have its context destroyed when the carton is divided.
			 (3-15-22)
03.
Aerosols and
			 Similar Pressurized Containers
. The declaration of quantity on an
			 aerosol package, and on a similar pressurized package, must disclose the net
			 quantity of the commodity (including propellant), in terms of weight, that will
			 be expelled when the instructions for use as shown on the container are
			 followed. (3-15-22)
04.
Multi-Unit Packages
. Any package containing more than one (1)
			 individual "commodity in package form" (see Subsection
			 151.01) of the same commodity
			 must bear on the outside of the package a declaration of the following:
			 (3-15-22)
a. The number of individual units;
			 (3-15-22)
b. The quantity of each
			 individual unit; and (3-15-22)
c.
			 The total quantity of the contents of the multi-unit package, provided, that
			 the requirement for a declaration of the total quantity of contents of a
			 multi-unit package must be effective with respect to those labels revised after
			 the effective date of this rule. Any such declaration of total quantity is not
			 required to include the parenthetical quantity statement of a dual quantity
			 representation. (3-15-22)