reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.04 - RULES GOVERNING THE VOLUNTARY IDAHO PREFERRED®PROMOTION PROGRAM › Section 02.01.04.302 - DISTRIBUTION OF PROMOTIONAL MATERIAL

Current through August 31, 2023
01.
Authorized Use
. The Idaho Preferred® program has the authority
			 to provide retail and food service outlets, farmers' markets, schools, media,
			 fairs, and other such businesses, organizations, and venues the opportunity to
			 promote Idaho food and agricultural products using the program logo and
			 promotional materials. Open distribution of any and all point-of-sale
			 materials, signage, advertising, identification placards, and other such
			 promotional material, in accordance with this chapter and other applicable laws
			 and precedent, is acceptable use and not considered an infringement on the
			 ownership rights of any mark or seal of a supporting organization as defined in
			 this chapter. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.04 - RULES GOVERNING THE VOLUNTARY IDAHO PREFERRED®PROMOTION PROGRAM › Section 02.01.04.310 - SELF-CERTIFICATION

Current through August 31, 2023
All participants shall self-certify that all products marked
				with the Idaho Preferred® logo meet the qualification criteria as set forth
				in this chapter. Self-certification is subject to verification through the
				application and compliance process. (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.04 - RULES GOVERNING THE VOLUNTARY IDAHO PREFERRED®PROMOTION PROGRAM › Section 02.01.04.311 - COMPLIANCE

Current through August 31, 2023
01.
Authority of Director
. The
			 Director has the authority to enter upon the premises of any participant to
			 examine and copy any of the following items: (3-23-23)
a. Books, papers, records, ledgers, journals,
			 electronically or magnetically recorded data: (3-23-23)
b. Computers and computer records or
			 memoranda bearing on the usage of the Idaho Preferred® logo; and
			 (3-23-23)
c. To secure all other
			 information concerned in the enforcement of these rules.
			 (3-23-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.05 - RULES GOVERNING CERTIFICATES OF FREE SALE › Section 02.01.05.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 02.01.05, "Rules
			 Governing Certificates of Free Sale." (3-15-22)
02.
Scope
. These rules govern
			 the issuing of certificates of free sale and establish applicant procedures for
			 obtaining Certificates of Free Sale. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.05 - RULES GOVERNING CERTIFICATES OF FREE SALE › Section 02.01.05.010 - DEFINITIONS

Current through August 31, 2023
01.
Applicant
. Any person
			 applying for certification under these rules. (3-15-22)
02.
Certificate of Free Sale
. A
			 certificate issued by the Department for products grown or processed in Idaho
			 to certify that the products are distributed generally throughout the state of
			 Idaho and the United States and are in accordance with Idaho health laws and
			 sanitary regulations. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.05 - RULES GOVERNING CERTIFICATES OF FREE SALE › Section 02.01.05.100 - APPLICATION FOR CERTIFICATION - PROCEDURES

Current through August 31, 2023
01.
Application
. Application must be made in writing (which includes
			 electronic mail) and include, but will not be limited to, the following
			 information: (3-15-22)
a. Company name;
			 (3-15-22)
b. Physical address of
			 packing or processing facility; and (3-15-22)
c. List of products to be certified.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.05 - RULES GOVERNING CERTIFICATES OF FREE SALE › Section 02.01.05.110 - APPLICANT REQUIREMENTS

Current through August 31, 2023
01.
Applicant
			 Health Inspection
. The Department may request a copy of an applicants'
			 most recent state, federal or third-party health inspection, if applicable.
			 Such inspection records will be kept on file for one (1) year.
			 (3-15-22)
02.
Applicant
			 Licenses or Registrations
. If the applicant is regulated by the
			 Department, the applicant must meet all state laws and Department regulations.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.05 - RULES GOVERNING CERTIFICATES OF FREE SALE › Section 02.01.05.120 - SPECIAL REQUESTS

Current through August 31, 2023
01.
Customized Certificates
. The applicant may request customized text
			 for the certificate of free sale in order to meet the import requirements of a
			 specific country. The Department will make every effort to comply with the
			 request. (3-15-22)
02.
Additional Charges
. There will be no additional charges for
			 special requests. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.05 - RULES GOVERNING CERTIFICATES OF FREE SALE › Section 02.01.05.300 - FEES AND CHARGES

Current through August 31, 2023
01.
Certification Fees
. The Director will establish certification fees
			 annually under this chapter. Fees will not exceed fifty dollars ($50) each.
			 Fees will be set by July 1 of each year. (3-15-22)
02.
Notary Charges
. Notary
			 certification will be provided for each certificate at no additional charge.
			 (3-15-22)
03.
Shipping and
			 Delivery Charges
. There will be no fees for mailing costs unless the
			 applicant requests express mailing. (3-15-22)
04.
Express Mailing
. The
			 applicant will be responsible for express mailing charges. The applicant may
			 provide an account number for the carrier, pre-paid air bill or be invoiced for
			 the actual costs. (3-15-22)
05.
Payment
. The applicant will be sent an invoice for fees and
			 charges and will be responsible for payment. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Sections
				22-1702,
				22-1703,
				22-1704,
				22-1705, and
				22-1706, Idaho Code.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
01.
Domestic
			 Hemp Production Program
. 7 CFR Part 990 . (3-15-22)
02.
USDA Final Hemp Rule
. 86 FR
			 5596.
https://www.govinfo.gov/content/pkg/FR-2021-01-19/pdf/2021-00967.pdf
.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.011 - ABBREVIATIONS

Current through August 31, 2023
01.
USDA
. The U.S. Department of
			 Agriculture. (3-15-22)
02.
THC
. Tetrahydrocannabinol. (3-15-22)
03.
FSA
. The U.S. Department of
			 Agriculture Farm Service Agency. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.200 - DEPARTMENT INFORMATION

Current through August 31, 2023
01.
Department Reporting
. The Department will provide to USDA all hemp
			 information required by federal regulation including a hemp producer report, a
			 hemp disposal report, and an annual state report pursuant to deadlines
			 established by USDA. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.300 - LICENSES

Current through August 31, 2023
01.
Requirement
. Any person or
			 entity shall have an active hemp license from the Department for planting,
			 propagating, producing, handling, or processing hemp in Idaho.
			 (3-15-22)
02.
Application
. An applicant for a producer or handler license must
			 apply on a form prescribed by the Department. (3-15-22)
a. An applicant and any key participants must
			 include in the application a criminal history report conducted as a fingerprint
			 background check by the Idaho State Police or Federal Bureau of Investigation
			 completed no more than sixty (60) days before the application submission.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.301 - FEES

Current through August 31, 2023
01.
Licensing and Inspection
			 Fees
. Hemp program fees are as follows: (3-15-22)
Fee Type
Grower
Handler
Annual application
$100
$100
Annual license
$500
$1,000
Modification to application
							 information
$250
$500
Producer pre-harvest inspection and other
							 inspections
$250/lot + $35/hour for travel to site + actual costs
							 for shipping samples
Handler annual site inspection and other
							 inspections
$500/site + $35/hour for travel to site
(3-15-22)
a.
			 Applicants seeking to produce and handle hemp require both license types. The
			 annual application fee is charged only for the first license type.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.400 - PRODUCER RECORDS

Current through August 31, 2023
01.
Producer
			 Records
. Producers shall maintain the following records for three (3)
			 years and make them available during normal business hours for the Department
			 to review at the location where hemp is being grown: (3-15-22)
a. All documents related to the information
			 required in the license application; (3-15-22)
b. Source of hemp seed; (3-15-22)
c. Total acreage of industrial hemp planted,
			 harvested, and disposed; (3-15-22)
d. Record of all handlers sold to and
			 quantities sold to each entity; (3-15-22)
e. Variety and strain for each lot;
			 (3-15-22)
f. All records,
			 documents, and forms regarding the disposal or remediation of hemp;
			 (3-15-22)
g. Copies of all records
			 submitted to the Department, USDA, or law enforcement related to hemp, as well
			 as any supporting documentation. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.500 - INSPECTION OF PRODUCERS

Current through August 31, 2023
01.
Verification
. Inspections may be scheduled by the Department to
			 verify information provided by the licensee. Any growing sites that do not
			 conform to the license must be destroyed or the license must be amended.
			 (3-15-22)
02.
Access
.
			 The Department shall have access to hemp sites and may enter property where
			 hemp is planted, stored, propagated, produced, or handled for the purpose of
			 inspections, sample collections, testing, or investigation pursuant to Idaho
			 Code and this rule. (3-15-22)
03.
Harvest Notification
. A producer license holder must submit a
			 sample request form to the Department at least thirty-five (35) days prior to
			 the expected harvest date. (3-15-22)
04.
Procedure
. The sampling
			 procedure is determined by the Department's Sampling Protocol. Inspections and
			 sampling are subject to Subsection
			 301.01 of this rule.
			 (3-15-22)
05.
Inspection and
			 Sampling
. ISDA will conduct inspections and collect samples of each lot
			 not more than thirty (30) days before the hemp is harvested. The industrial
			 hemp may be harvested only after the official sample is collected. The producer
			 licensee or a key participant must be present at the inspection.
			 (3-15-22)
06.
Harvest
.
			 The license holder will harvest the crop no more than thirty (30) days
			 following the date of sample collection by the Department. (3-15-22)
a. If the licensee fails to complete harvest
			 within thirty (30) days of sample collection, secondary samples of each lot to
			 be harvested must be collected by the Department and submitted for testing.
			 (3-15-22)
i. The license holder must notify
			 the Department of a delay in harvesting by submitting a request form for
			 subsequent sample collection from each lot to be harvested. Additional sampling
			 is subject to Subsection
			 301.01 of this rule.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.501 - TRANSPLANTING

Current through August 31, 2023
01.
Transplanting
. To transplant
			 hemp, a producer licensee must submit transplant information with his or her
			 license application or submit a lot change request on a form provided by the
			 agency. (3-15-22)
02.
Lots
			 Not Divided
. No licensee will divide a lot from the initial area of
			 cultivation for transplant into more than one transplantation area for on-farm
			 production. (3-15-22)
03.
Transplant Sales
. Selling hemp transplants for wholesale or retail
			 requires a producer license and a handler license. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.600 - INSPECTION OF HANDLERS

Current through August 31, 2023
01.
Handler
			 Inspection
. The Department will inspect all handler locations annually.
			 The licensee or a key participant must be present at the scheduled inspection.
			 The Department may perform random inspections during normal business hours. A
			 sample may be pulled at an inspection. Scheduled handler inspections are
			 subject to Subsection
			 301.01 of this rule.
			 (3-15-22)
02.
Handler
			 Duties.
(3-15-22)
a. The licensee may
			 not acquire or accept hemp from any source other than a person licensed by the
			 Department, the USDA, or a state or tribe with a hemp plan approved by USDA.
			 (3-15-22)
b. Licensed handlers
			 shall not sell, offer, or transfer within Idaho any hemp products not in
			 compliance with Section
			 37-2701, Idaho Code.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.700 - SAMPLES AND TESTING

Current through August 31, 2023
01.
Sampling
			 Protocol
. Sampling will be conducted according to the Department's
			 Sampling Protocol. The Department will send samples to an accepted laboratory
			 selected by the license holder at the time of sampling. The licensee bears the
			 full cost of laboratory testing. (3-15-22)
02.
Laboratory Testing
. An
			 accepted laboratory must use appropriate and validated methods and procedures
			 for all testing activities and evaluate the measurement of uncertainty. Samples
			 must be tested using postdecarboxylation or a similarly reliable method by
			 which the total THC concentration level reported accounts for the conversion of
			 THCA into THC. An accepted laboratory will analyze regulatory samples according
			 to the Department's Testing Protocol and the following steps: (3-15-22)
a. Maintain the chain of custody of each
			 sample; (3-15-22)
b. Retain the
			 sample for a minimum of thirty (30) business days from the sample submission
			 date; (3-15-22)
c. Not commingle
			 hemp from one (1) lot with hemp from any other lot; (3-15-22)
d. Send the test results of official samples
			 to the Department, license holder and USDA no later than the fifteenth business
			 day from the sample submission date; and (3-15-22)
e. Determine and report total delta-9 THC
			 concentration level on a dry weight basis, and the measurement of uncertainty
			 must be estimated and reported with the test results.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.800 - DISPOSAL

Current through August 31, 2023
01.
Hemp Above the Acceptable Hemp THC
			 Level
. No more than five (5) calendar days after notification that
			 material from a hemp lot has tested above the acceptable THC level, the
			 licensee must notify the Department of the licensee's decision to either
			 destroy or remediate the entire non-compliant hemp lot and by which method
			 according to the Department's Disposal and Remediation Protocol.
			 (3-15-22)
02.
Disposal
. The licensee must dispose of non-compliant hemp with
			 chemical or mechanical destruction to render the material non-retrievable,
			 non-ingestible, and unfit to enter the stream of commerce. (3-15-22)
03.
Remediation
. Lots may be
			 remediated according to the Department's Disposal and Remediation Protocol.
			 (3-15-22)
a. Remediated hemp will be resampled
			 and retested according to Subsection
			 500.04 and Section
			 700 of this rule. Remediated hemp
			 that fails the re-test must be destroyed and is not eligible for additional
			 remediation efforts. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.01.07 - RULES GOVERNING HEMP › Section 02.01.07.900 - VIOLATIONS

Current through August 31, 2023
01.
Negligent Acts
. Negligent
			 acts include: (3-15-22)
a. Failure to provide
			 an accurate legal description of land where hemp is produced;
			 (3-15-22)
b. Failure to obtain a
			 license; or (3-15-22)
c. Production
			 of hemp exceeding the acceptable THC level. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.02 - RULES GOVERNING APPLE GRADING AND STORAGE › Section 02.02.02.001 - SCOPE

Current through August 31, 2023
These rules govern the criteria and grades for Idaho Apples and
				Idaho Summer Apples, including color requirements, defects, tolerances,
				packing, and marking. These rules also govern registration requirements and
				prescribe the maximum oxygen levels for sealed controlled atmosphere storage of
				apples. (4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.02 - RULES GOVERNING APPLE GRADING AND STORAGE › Section 02.02.02.009 - INCORPORATION BY REFERENCE

Current through August 31, 2023
01.
United
			 States Standards for Apples
. This rule incorporates CFR Title 7 Subtitle
			 B Chapter I Subchapter C Part 51, Subpart B:
https://www.ecfr.gov/current/title-7/subtitle-B/chapter-I/subchapter-C/part-51/subpart-B
;
			 published Nov. 19, 2002. (4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.02 - RULES GOVERNING APPLE GRADING AND STORAGE › Section 02.02.02.010 - DEFINITIONS

Current through August 31, 2023
The following definitions apply in the interpretation and
				enforcement of this chapter: (4-6-23)
01.
Carefully Hand-Picked
.
			 Apples do not show evidence of rough handling or of having been on the ground.
			 (4-6-23)
02.
Lot
. Any
			 group of containers of apples from one (1) grower or orchard and of one (1)
			 variety and that is set apart or is separate from any other group or groups by
			 some evidence such as a lot number or similar mark of identification.
			 (4-6-23)
03.
Packer or
			 Repacker
. A person other than an owner or operator of a controlled
			 atmosphere storage plant who removes apples from the containers in which they
			 were treated and places them into other containers or replaces them into the
			 original containers. (4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.02 - RULES GOVERNING APPLE GRADING AND STORAGE › Subchapter A - APPLE GRADES › Section 02.02.02.121 - UNCLASSIFIED DESIGNATION

Current through August 31, 2023
"Unclassified" consists of apples that have not been
				  classified in conformity with any of the foregoing grades. The term
				  "unclassified" is not a grade within the meaning of these standards, but is
				  provided as a designation to show that no definite grade has been applied to
				  the lot. (4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.02 - RULES GOVERNING APPLE GRADING AND STORAGE › Subchapter A - APPLE GRADES › Section 02.02.02.122 - TOLERANCES

Current through August 31, 2023
In order to allow for variations incident to proper grading
				  and handling in each of the foregoing grades, the following tolerances are
				  provided as specified: (4-6-23)
01.
Defects
. (4-6-23)
a. Idaho Extra
				Fancy, Idaho Fancy, Idaho No. 1, Idaho No. 1 Early and Idaho No. 1 Hail grades:
				Ten percent (10%) of the apples in any lot may fail to meet the requirements of
				the grade, but not more than one-half (1/2) of this amount, or five percent
				(5%), is allowed for apples that are seriously damaged, including therein not
				more than one percent (1%) for apples affected by decay or internal breakdown.
				(4-6-23)
b. Idaho Utility grade:
				Ten percent (10%) of the apples in any lot may fail to meet the requirements of
				the grade, but not more than one-half (1/2) of this amount, or five percent
				(5%), is allowed for apples that are seriously damaged by insects, and
				including in the total tolerance not more than one percent (1%) for apples
				affected by decay or internal breakdown. (4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.02 - RULES GOVERNING APPLE GRADING AND STORAGE › Subchapter A - APPLE GRADES › Section 02.02.02.123 - CALCULATION OF PERCENTAGES

Current through August 31, 2023
01.
When
				Numerical Count is Marked On Container
. Percentages are calculated on
				the basis of count. (4-6-23)
02.
When Minimum Diameter or Minimum and Maximum Diameters are Marked on
				Container
. Percentages are calculated on the basis of weight.
				(4-6-23)
03.
Apples are in
				Bulk
. Percentages are calculated on the basis of weight.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.02 - RULES GOVERNING APPLE GRADING AND STORAGE › Subchapter A - APPLE GRADES › Section 02.02.02.124 - CONDITION AFTER STORAGE OR TRANSIT

Current through August 31, 2023
Decay, scald, or any other deterioration that may have
				  developed on apples after they have been in storage or transit are considered
				  as affecting condition and not the grade. (4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.02 - RULES GOVERNING APPLE GRADING AND STORAGE › Subchapter B - CONTROLLED ATMOSPHERE STORAGE › Section 02.02.02.221 - APPLES REPRESENTED AS HAVING BEEN EXPOSED TO "CONTROLLED ATMOSPHERE" STORAGE

Current through August 31, 2023
01.
Registration Number -- Owner/Operator
. Each container and consumer
				package of such apples moved into the channels of trade by the owner or
				operator of a controlled atmosphere room or storage building located in Idaho
				or by any other person, will be marked with said owner or operator's assigned
				registration number. (4-6-23)
02.
Registration Number -- Packer/Repacker
. Each container and
				consumer package of such apples received from an owner or operator of a
				controlled atmosphere room or storage building located either in Idaho or in
				another state and that are packed or repacked by another person in this state,
				will be marked with the said packer or repacker's assigned registration number.
				(4-6-23)
03.
Controlled
				Atmosphere (CA) Identification
. Each container and consumer package of
				such apples moved into the channels of trade in Idaho by the owner or operator
				of a controlled atmosphere room or storage building located outside of Idaho or
				by any other person or by a packer or repacker of such apples engaged in such
				business outside of Idaho will be marked with the proper registration number or
				CA identification. Such registration number or CA identification is the
				registration number assigned by the Director to such owner or operator of a CA
				plant or to such packer or repacker as the case may be or a comparable
				registration number of identification assigned under authority of laws or
				regulations of another state that at least conform to the provisions of
				Subsection 200.04 above. (4-6-23)
04.
Labeling Requirements
. The
				registration number or other identification required to be marked on containers
				is in letters or figures at least one-half (1/2) inch in height, and all such
				markings are clear and conspicuous and in a place readily visible to the
				purchaser, and shall meet the rule requirements of Sections
				22-801 and
				22-802, Idaho Code.
				(4-6-23)
05.
Inspection and
				Certification
. All apples sold as Controlled Atmosphere apples must be
				inspected and certified as to grade and condition and be marked with a state
				lot number in addition to the CA number. (4-6-23)
06.
Conditions and Standards
. At
				the time of shipment, all apples shipped and marked with a CA number will meet
				the U.S. condition and maturity standards for Export. (4-6-23)
07.
Failure to Meet
				Requirements
. Failure to meet any one of the requirements noted above
				will prohibit such apples from being sold as CA storage apples or the
				containers marked as such. (4-6-23)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Section 02.02.05.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Sections
				22-702,
				22-703, and
				22-803, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Section 02.02.05.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 02.02.05, "Rules
			 Governing Stone Fruit Grades." (3-31-22)
02.
Scope
. These rules specify
			 the general requirements for the inspection and grading of prunes, sweet
			 cherries, and apricots in the state of Idaho. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter A - PRUNES AND PLUMS › Section 02.02.05.120 - IDAHO HAIL GRADE, PRUNES OR PLUMS

Current through August 31, 2023
This grade consists of plums or prunes of one variety or
				  similar varietal characteristics that meet all requirements of the U.S. No. 1
				  grade provided that not to exceed twenty-five percent (25%) by count may show
				  hail marks that are well healed. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter A - PRUNES AND PLUMS › Section 02.02.05.130 - PROCESSING GRADE, PRUNES OR PLUMS

Current through August 31, 2023
Grading is based on the current (March 29, 2004) U.S.
				  Standards for Fresh Plums and Prunes as defined in paragraph
				  7 CFR §
										51.1522, U.S. Combination including
				  subsequent paragraphs related to U.S. Combination with the following
				  exceptions: (3-31-22)
01.
Minimum Size
. The minimum size is one and one-third (1-1/3) inches
				diameter, meaning the shortest dimension measured through the center of the
				fruit at right angles to a line from stem to blossom end. All smaller fruit is
				to be graded as culls per Subsection
				130.04 below.
				(3-31-22)
02.
Infestation
. Worm damage (infestation) is limited to one percent
				(1%) maximum. (3-31-22)
03.
Fruit Sugar Content
. As related to maturity the fruit sugar
				(soluble solids) content of eighteen (18) degrees F brix as a minimum based on
				samples of random sample of five (5) pounds, pits removed, using at least ten
				(10) whole fruit. (3-31-22)
04.
Cullage Tolerance
. A tolerance of five percent (5%) cullage (worm
				infestation limited to one percent (1%)) will be accepted without dockage, but
				all cullage over ten percent (10%) the TOTAL WILL BE CLAIMED, further that the
				processor reserves the right to reject all loads over twenty percent (20%)
				defects or over, or to renegotiate with the grower outside of these conditions
				if the grower wishes to sell on this basis. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter A - PRUNES AND PLUMS › Section 02.02.05.140 - ITALIAN PRUNES

Current through August 31, 2023
01.
Idaho No.
				1
. Idaho No. 1 to be exactly as the specifications and definitions of
				the current U.S. No. 1 with the one (1) exception as follows: Subparagraph (a)
				of 7 CFR §
										51.1521 effective March 29, 2004, delete the
				words "be fairly well colored" and insert in lieu thereof "have two-thirds
				(2/3) of the surface with purplish color," thus sub (a) of
				7 CFR §
										51.1521 will read, "Italian type prunes shall
				have two-thirds (2/3) of the surface with purplish color and, unless otherwise
				specified, shall not be less than one and one-fourth (1-1/4) inches in
				diameter." (See 7 CFR §
										51.1525 ). (3-31-22)
02.
Nomenclature
. The
				nomenclature, U.S. No. 1 of 7
				CFR §
										51.1521 will read "Idaho No. 1."
				All other factors of the United States Standards for Fresh Plums and Prunes,
				effective March 29, 2004, remains in force and effect in defining the
				definitions of the rules of Idaho No. 1, as well as handbooks, administrative
				directives, base color minimum and applications thereof. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter B - SWEET CHERRIES › Section 02.02.05.210 - DEFINITIONS

Current through August 31, 2023
The definitions found in Section
				  210 apply to the interpretation and
				  enforcement of Subchapter B only. (3-31-22)
01.
Clean
. The cherries are
				practically free from dirt, dust, spray residue, or other foreign material.
				(3-31-22)
02.
Diameter
. The greatest dimension measured at right angles to a
				line from the stem to the blossom end of the cherry. (3-31-22)
03.
Fairly Well Colored
. At
				least ninety-five (95%) percent of the surface of the cherry shows
				characteristic color for mature cherries of the variety. (3-31-22)
04.
Mature
. Cherries have
				reached the stage of growth that will insure the proper completion of the
				ripening process. (3-31-22)
05.
Similar Varietal Characteristics
. Cherries in any container are
				similar in color and shape. (3-31-22)
06.
Well Formed
. The cherry has
				the normal shape characteristic of the variety, except that mature well
				developed doubles are to be considered well formed when each of the halves is
				approximately evenly formed. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter B - SWEET CHERRIES › Section 02.02.05.220 - IDAHO NO. 1 GRADE

Current through August 31, 2023
01.
Idaho No.
				1
. Idaho No. 1 will consist of sweet cherries that meet the following
				requirements: Similar varietal characteristics; mature; fairly well colored;
				well formed and clean; free from decay, insect larvae or holes caused by them;
				soft, overripe or shriveled; underdeveloped doubles and sunscald; and free from
				damage by any other cause. (3-31-22)
02.
Size
. Unless otherwise
				specified, the minimum diameter of each cherry is not less than three-fourths
				(¾) inch. The maximum diameter of the cherries in any lot may be
				specified in accordance with the facts. (3-31-22)
03.
Tolerances
. In order to
				allow for variations incident to proper grading and handling, the following
				tolerances, by count, are provided as specified: (3-31-22)
a. For Defects at Shipping Point: Idaho No.
				1. Eight percent (8%) for cherries that fail to meet the requirements for this
				grade: PROVIDED, that included in this amount not more than four percent (4%)
				is allowed for defects causing serious damage, including in this latter amount
				not more than one-half of one percent (.50%) for cherries that are affected by
				decay. (3-31-22)
b. For Defects
				Enroute or at Destination: Idaho No. 1. Twenty-four percent (24%) for cherries
				in any lot that fail to meet the requirements for this grade: PROVIDED, that
				included in this amount not more than the following percentages are allowed for
				defects listed: (3-31-22)
i. Eight percent
				(8%) for cherries that fail to meet the requirements for this grade because of
				permanent defects; or (3-31-22)
ii.
				Six percent (6%) for cherries that are seriously damaged, including therein not
				more than four percent (4%) for cherries that are seriously damaged by
				permanent defects and not more than two percent (2%) for cherries that are
				affected by decay. (3-31-22)
c. For Off-Size. Five percent (5%) for
				cherries that fail to meet the specified minimum diameter and ten percent (10%)
				for cherries that fail to meet any specified maximum diameter.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter B - SWEET CHERRIES › Section 02.02.05.230 - APPLICATION OF TOLERANCES

Current through August 31, 2023
Individual samples are not to have more than double the
				  tolerances specified, except that at least two (2) defective and two (2)
				  off-size specimens may be permitted in any sample: PROVIDED, that the averages
				  for the entire lot are within the tolerances specified for the grade.
				  (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter B - SWEET CHERRIES › Section 02.02.05.240 - SCORABLE DEFECTS

Current through August 31, 2023
01.
Damage
. Any specific defect or any equally objectionable variation
				of any one (1) of these defects, any other defect, or any defects, that
				materially detracts from the appearance, or the edible or marketing quality of
				the fruit. The following specific defects are considered as damage: (3-31-22)
a. Cracks within the stem cavity - when deep
				or not well healed, or when the appearance is affected to a greater extent than
				that of a cherry that has a superficial well healed crack one-sixteenth (1/16)
				inch in width extending one-half (1/2) the greatest circumference of the stem
				cavity. (3-31-22)
b. Cracks outside
				of the stem cavity - when deep or not well healed, or when the crack has
				weakened the cherry to the extent that it is likely to split or break in the
				process of proper grading, packing and handling, or when materially affecting
				the appearance. (3-31-22)
c. Hail
				injury - when deep or not well healed, or when the aggregate area exceeds the
				area of a circle three-sixteenths (3/16) inch in diameter. (3-31-22)
d. Insects - when scale or more than one (1)
				scale mark is present, or when the appearance is materially affected by any
				insect. (3-31-22)
e. Limb rubs -
				when affecting the appearance of the cherry to a greater extent than the amount
				of scarring permitted. (3-31-22)
f.
				Pulled stems - when the skin or flesh is torn, or when the cherry is leaking.
				(3-31-22)
g. Russeting - when
				affecting the appearance of the cherry to a greater extent than the amount of
				scarring permitted. (3-31-22)
h.
				Scars - when excessively deep or rough or dark colored and the aggregate area
				exceeds the area of a circle three-sixteenths (3/16) inch in diameter, or when
				smooth or fairly smooth, light colored and superficial and the aggregate area
				exceeds the area of a circle one-fourth (1/4) inch in diameter.
				(3-31-22)
i. Skin breaks - when not
				well healed or when the appearance of the cherry is materially affected.
				(3-31-22)
j. Sutures - when
				excessively deep or when effecting the shape of the cherry to the extent that
				it is not well formed. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter B - SWEET CHERRIES › Section 02.02.05.250 - PERMANENT DEFECTS

Current through August 31, 2023
Defects that are not subject to change during shipping or
				  storage, including, but not limited to, factors of shape, scarring, skin
				  breaks, injury caused by hail or insects, and mechanical injury that is so
				  located as to indicate that it occurred prior to shipment. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter B - SWEET CHERRIES › Section 02.02.05.260 - CONDITION DEFECTS

Current through August 31, 2023
Defects that may develop or change during shipment or storage
				  including, but not limited to, decayed or soft cherries and such factors as
				  pitting, shriveling, sunken areas, brown discoloration and bruising that is so
				  located as to indicate that it occurred after packing. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter C - APRICOTS › Section 02.02.05.320 - DEFINITIONS

Current through August 31, 2023
The definitions found is Section
				  320 apply to the interpretation and
				  enforcement of Subchapter C only. (3-31-22)
01.
Diameter
. The greatest
				diameter, measured through the center of the apricot, at right angles to a line
				running from the stem to the blossom end. (3-31-22)
02.
Mature
. Having reached the
				state of maturity that will ensure a proper completion of the ripening process.
				(3-31-22)
03.
Well
				Formed
. Having the characteristic shape of the variety.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter C - APRICOTS › Section 02.02.05.321 - GRADES

Current through August 31, 2023
01.
Idaho No. 1
. Consists of
				apricots of one variety that are mature but not soft, overripe or shriveled and
				that are well formed, free from decay, insect holes, and damage caused by skin
				breaks, cuts, limb rubs, russeting, growth cracks, dirt, hail, bruises, scale
				or other means. (3-31-22)
02.
Idaho No. 2
. Consists of apricots of one variety that are mature
				but not soft, overripe or shriveled, and that are free from decay, insect holes
				and serious damage caused by skin breaks, limb rubs, russeting, growth cracks,
				hail, bruises or other means. (3-31-22)
03.
Idaho Combination
. Consists
				of a combination of Idaho No. 1 and Idaho No. 2. When such a combination is
				packed, at least fifty percent (50%) of the apricots in any container will meet
				the requirements of the Idaho No. 1. (See Section
				330). (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter C - APRICOTS › Section 02.02.05.330 - TOLERANCES

Current through August 31, 2023
In order to allow for variations incident to proper grading
				  and handling in each of the foregoing grades, the following tolerances, by
				  count, are provided as specified. (3-31-22)
01.
Defects
. (3-31-22)
a. Idaho No. 1. A total of ten percent (10%)
				for apricots in any lot that fails to meet the requirements for the grade:
				Provided, that not more than one-half (1/2) of this tolerance, or five percent
				(5%), is allowed for defects causing serious damage, including therein not more
				than one-fifth (1/5) of this amount or one percent (1%) is allowed for apricots
				that are affected by decay. An additional ten percent (10%) by count of the
				apricots may be damaged by bruise. (3-31-22)
b. Idaho No. 2. A total of ten percent (10%)
				for apricots in any lot that fail to meet the requirements for the grade:
				Provided, therein that not more than one percent (1%) be allowed for apricots
				that are affected by decay. (3-31-22)
c. Idaho Combination. A total of ten percent
				(10%) for apricots in any lot that fail to meet the requirements for the grade:
				Provided, therein that not more than one percent (1%) will be allowed for
				apricots that are affected by decay. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter C - APRICOTS › Section 02.02.05.340 - MARKING REQUIREMENTS

Current through August 31, 2023
01.
Containers
. When apricots are packed in containers, such
				containers will be stamped or marked thereon the variety, the net contents, and
				packer's name and address. (3-31-22)
02.
Size
. The minimum size may
				be specified in terms of diameter or numerical count. When a minimum diameter
				is marked on the container, not more than ten percent (10%) by count is allowed
				for apricots below the marked size. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.05 - RULES GOVERNING STONE FRUIT GRADES › Subchapter C - APRICOTS › Section 02.02.05.350 - SCORABLE DEFECTS

Current through August 31, 2023
01.
Damage
. The apricot is injured to an extent readily apparent in
				the process of proper grading and handling. The following specific defects will
				not be considered as damage. (3-31-22)
a. Hail
				Marks: Well healed and shallow - allow one-eighth (1/8) inch in diameter.
				(3-31-22)
i. When skin has not been broken:
				(3-31-22)
ii. Shallow - allow
				three-eighths (3/8) inch in diameter. (3-31-22)
iii. Not shallow - allow one-fourth (1/4)
				inch in diameter. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.07 - RULES GOVERNING BULK PERMITS AND RETAIL SALE OF POTATOES › Section 02.02.07.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Sections
				22-901,
				22-911, and
				22-2006, Idaho Code.
				(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 › Section 02.02.07.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 02.02.07, "Rules
			 Governing Bulk Permits and Retail Sale of Potatoes." (3-15-22)
02.
Scope
. These rules govern
			 the application for a permit to ship bulk potatoes, permit fees, and marketing
			 order requirements and specify the general requirements for the inspection,
			 grading, marking and retail sales of potatoes in the state of Idaho.
			 (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 › Section 02.02.07.004 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following document is incorporated by reference into this
				chapter: (3-15-22)
01.
Federal
			 Marketing Order Number 945 - U.S.D.A. Handling Regulations October 3, 2018,
			 Until Revised
. Copies of this document may be obtained from the Idaho
			 State Department of Agriculture. (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 A - BULK PERMITS › Section 02.02.07.120 - PERMIT FEES

Current through August 31, 2023
The first handler or shipper shall apply through the nearest
				  District Inspection Office for a permit to ship bulk potatoes. The permittee
				  shall pay the potato advertising tax at combined grower-shipper rates for
				  either fresh or processing potatoes, and inspection fees, if required, within
				  thirty (30) days of shipment. Failure to pay either fee within the prescribed
				  time is grounds for denial of future permits, so long as the fees remain
				  outstanding. (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 A - BULK PERMITS › Section 02.02.07.121 - APPLICATION FORM

Current through August 31, 2023
Application for permit is to be on a form furnished by the
				  department. Acknowledgment of receipt of processing potatoes, when leaving the
				  Federal Marketing Order area, shall be accomplished immediately by the
				  processor upon receipt of the shipment and forwarded to the issuing office. A
				  copy of each permit issued is to be forwarded to the Idaho Potato Commission by
				  the issuing officer. (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 A - BULK PERMITS › Section 02.02.07.122 - MARKETING ORDER

Current through August 31, 2023
Permits for shipment of processing potatoes require a
				  Marketing Order Certificate of Privilege number, issued by the Marketing Order
				  Manager, if leaving the Marketing Order area. Inspection of bulk shipments for
				  processing is not required. Bulk shipments for repacking or fresh sale must be
				  graded and meet all applicable minimum Marketing Order requirements. Each
				  shipment requires a Federal-State inspection certificate, certifying minimum
				  standards and include the percentage of U.S. No. 1 quality. (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 A - BULK PERMITS › Section 02.02.07.123 - REQUEST FOR PERMIT

Current through August 31, 2023
Request for permits must be made forty-eight (48) hours prior
				  to shipment, excluding weekends and Legal Holidays. Any violation or improper
				  use of permits will invalidate the permit and may be grounds for denial of
				  future permits. (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 02.02.07.220 - INSPECTIONS, RESTRICTIONS, AND IDENTIFICATION REQUIRED

Current through August 31, 2023
All potatoes packed for resale to retail outlets in Idaho
				  shall be inspected as outlined in Subsection
				  220.02 and meet the requirements
				  of Federal Marketing Order number 945-USDA and the conditions outlined below:
				  (3-15-22)
01.
Certification and
				Markings
. Each shipment packed for resale to retail outlets in Idaho is
				to be accompanied by a valid inspection certificate, numbered note sheet or be
				marked with a positive lot identification number (PLI) number.
				(3-15-22)
02.
Inspections
. For other than Idaho or Oregon, inspections may be
				performed by any person or persons authorized under the USDA AMS Specialty Crop
				Inspection Program to inspect potatoes. (3-15-22)
03.
Restrictions
. All potatoes
				packed for resale to retail outlets in Idaho under the provision of this rule
				are inspected as outlined in Subsection
				220.02 and found free from:
				(3-15-22)
a. Potato Tuberworm
(Phthorimaea operculella (Zeller)
. (3-15-22)
b. Potato Wart
(Synchytrium
				endobioticum)
. (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 02.02.07.221 - LOTS TAGGED NOT FOR SALE - REMOVAL THEREOF

Current through August 31, 2023
Retail outlets may be periodically checked by the Idaho State
				  Department of Agriculture. Lots found failing to grade as marked or otherwise
				  found out of compliance with the provisions of this rule will be tagged "Not
				  For Sale" until removed from display and regraded, destroyed or remarked 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 02.02.07.222 - COMPLIANCE OR NON-COMPLIANCE CERTIFICATE

Current through August 31, 2023
Each inspection at the retail outlet will be acknowledged by
				  an inspection report showing compliance or noncompliance. (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 02.02.07.223 - SECOND NOTICE ACTION - NON-COMPLIANCE

Current through August 31, 2023
A second inspection showing evidence of non-compliance in any
				  calendar year will constitute sufficient grounds to proceed with prosecution in
				  accordance with Sections
				  22-2020 or
				  22-912, Idaho Code.
				  (3-15-22)