Title 37 — FOOD, DRUGS, AND OIL

37-113. Short title. This act may be cited as the Idaho Food, Drug and Cosmetic Act.

37-114. Definitions. For the purpose of this act (a) The term "board" means the state board of health and welfare and "director" means the director of the department of health and welfare. (b) The term "person" includes individual, partnership, corporation, and association; (c) T…

37-115. Prohibited acts. The following acts and the causing thereof within the state of Idaho are hereby prohibited: (a) The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded; (b) The adulteration…

37-116. Injunctions authorized. In addition to the remedies hereinafter provided the director is hereby authorized to apply to the district court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining…

37-117. Violations — Penalty — Exceptions. (1) (a) Any person who intentionally adulterates a drug that is held for sale or distribution, or that is to be administered or dispensed, shall be guilty of a felony and shall, upon conviction thereof, be subject to imprisonment for not…

37-117A. Reporting and disclosure requirements for employment related adulteration or misappropriation of certain drugs. (1) When the employment of a health care provider has been terminated, either voluntarily or involuntarily, for adulteration or misappropriation of controlled …

37-118. Tagging and detention of article or product suspected of being adulterated or misbranded — Embargo and condemnation under certain conditions and by certain procedures. (a) Whenever a duly authorized agent of the director finds or has probable cause to believe, that any fo…

37-119. Prosecutions of violations — Right of party to notice and presentation of views prior to prosecution. It shall be the duty of each county prosecuting attorney to whom the director or his agent reports any punishable violation of this act (including, but not limited to, ru…

37-121. Promulgation of reasonable standards by board. Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate regulations fixing and establishing for any food or class of food a reasonable d…

37-122. Food deemed adulterated. A food shall be deemed to be adulterated–(a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adultera…

37-123. Food deemed misbranded. A food shall be deemed to be misbranded– (a) If its labeling is false or misleading in any particular. (b) If it is offered for sale under the name of another food. (c) If it is an imitation of another food, unless its label bears, in type of unifo…

37-124. Contamination of food with microorganisms — Permit regulations — Access to factory. (a) Whenever the director finds after investigation that the distribution in Idaho of any class of food may, by reason of contamination with microorganisms during manufacture, processing, …

37-125. Poisonous or deleterious substance — Regulations as to use. Any poisonous or deleterious substance added to any food except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for pur…

37-126. Drugs or devices deemed adulterated. A drug or device shall be deemed to be adulterated: (a) (1) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or (2) if it has been produced, prepared, packed, or held under insanitary conditions whereb…

37-127. Drugs or devices deemed misbranded. A drug or device shall be deemed to be misbranded–(a) If its labeling is false or misleading in any particular. (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or…

37-128. Sale of new drugs — Regulations and procedures. (a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless (1) an application with respect thereto has become effective under section 505 of the federal act, or (2) when not subject to …

37-129. Cosmetics deemed adulterated. A cosmetic shall be deemed to be adulterated–(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under s…

37-130. Cosmetics deemed misbranded. A cosmetic shall be deemed to be misbranded–(a) If its labeling is false or misleading in any particular. (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor;…

37-131. False advertising. (a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular. (b) For the purpose of this act the advertisement of a drug or device representing it to have any effect in albuminuria…

37-133. Inspection of establishments — Examination of specimens — Reports — Receipt for samples. The director or his duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are m…

37-135. ivermectin without prescription or consultation with health care professional. (1) As used in this section, "over-the-counter medication" means medication that may be legally sold and purchased without a prescription. (2) Notwithstanding any law to the contrary, ivermecti…