Title 37 — FOOD, DRUGS, AND OIL

37-1527. Director’s discretionary action. Nothing in this act shall be construed as requiring the director or his representative to report for prosecution or for the institution of seizure proceeding a minor violation of the act when he believes that the public interest will be b…

37-1528. Duty to prosecute. It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction.

37-1529. Right to injunction. The director is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this act or any rules or regulations promulgated under t…

37-1530. Contracts with federal government. The director of the department of agriculture may with the approval of the governor contract with any agency or subdivision of the federal government in relation to egg or egg product inspection, and may also receive on behalf of state …

37-2101. Manufacture and storage of ice. Ice manufactured or stored for human consumption shall be made from pure water, and shall be kept stored in clean places free from all filth, offal, refuse, and polluted waters and separate and removed from contact with animal or vegetable…

37-2103. Violation a misdemeanor. Any person, persons, corporation, corporations or officers of a municipality, failing or neglecting to comply with any of the provisions of this chapter shall be guilty of a misdemeanor.

37-2501. Adulterated or misbranded oil — Manufacture and sale unlawful. It shall be unlawful for any person to manufacture, sell, keep for sale, or offer for sale within the state of Idaho any gasoline, benzine, naphtha, lubricating oil or grease, road oil, bituminous road materi…

37-2502. Inspection. It shall be the duty of the department of agriculture to inspect and take samples of the above-named articles that are manufactured, kept for sale, or offered for sale, or sold within the state of Idaho and to cause the same to be tested and to enforce the pr…

37-2503. Right of access for inspection — Penalty for obstructing entry or inspection. For obtaining information regarding the suspected violation of this chapter, the department of agriculture shall have access to all places where the above-named articles are sold, offered for s…

37-2504. Oil to be labeled. Gasoline, benzine, naphtha, lubricating oil and grease, road oil, bituminous road materials, diesel fuel and fuel oil must be sold under their true name and grades, respectively, and such names and grades must be impressed or otherwise plainly marked u…

37-2505. Confiscation of unlawful articles. Possession by any person of any of the articles above-named in this chapter shall be considered prima facie evidence that the same is kept by such person for sale and, if in violation of this chapter, the department of agriculture shall…

37-2506. Quality standards. The standards of quality for motor gasoline, benzine, naphtha, grease, road oil, bituminous road products, fuel oil for heating purposes and diesel fuel shall be the latest specifications adopted by the American Society for Testing and Materials or oth…

37-2507. Analysis by chemist. The department of agriculture is directed to make, or accomplish by contract with qualified laboratories, all analyses and tests of articles inspected in this chapter and to employ, in such analyses and tests, the standard methods of analysis which h…

37-2508. Chemist as witness. In all prosecutions arising under this chapter the certificate of any chemist from a qualified testing laboratory as approved by the department of agriculture, when duly sworn to by such officer shall be prima facie evidence of the fact or facts there…

37-2509. Duty of attorney general and prosecuting attorneys. It shall be the duty of the attorney general of the state of Idaho or the prosecuting attorney in any county of the state, when called upon by the department of agriculture, to render all legal assistance in his power t…

37-2511. Person defined. The word "person," as used in this chapter shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies and associations. When construing and enforcing the provisions of this chap…

37-2512. Adulteration of oils — Misbranded defined. For the purposes of this chapter an article shall be deemed to be adulterated: 1. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality, purity or strength. 2. If any subst…

37-2513. Disposition of fines. All fines, exclusive of costs, collected by any of the courts of this state, as penalties, for the violation of this chapter or any of its provisions, shall be paid by the proper officers of said court to the state treasurer of the state of Idaho.

37-2514. Reclaimed oil defined. Reclaimed oil as used in this act is defined as any lubricating oil or motor oil which has been previously used for the lubrication of internal combustion engines or any gearing or shafting attached to or connected thereto, or for any other lubrica…

37-2515. Sign or label on containers — Containers of one gallon or less. Except as provided in this act containers of reclaimed oil which is sold or offered for sale or delivery shall bear a superimposed sign or label of rectangular shape not less than four (4) by six (6) inches …

37-2516. Product blended with reclaimed oil. If any reclaimed oil is used in blending or compounding in any other petroleum product sold or offered for sale or delivery the fact of such blending or compounding shall be indicated on all containers in the manner required by this ac…

37-2517. Underground storage or fill-pipe — Affixation and visibility of metal tag. If the container of reclaimed oil sold or offered for sale or delivery is an underground storage tank the sign or label required by this article to be attached shall be affixed to the inlet end of…

37-2520. Penalties for violation of act. Any person who shall sell or offer for sale or delivery any reclaimed oil the container of which is not labeled or marked as provided in this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not le…

37-2801. Property subject to criminal forfeiture. Any person who is found guilty of, who enters a plea of guilty, or who is convicted of a violation of the uniform controlled substances act, chapter 27, title 37, Idaho Code, punishable by imprisonment for more than one (1) year, …

37-2802. Property subject to forfeiture. "Property" subject to criminal forfeiture under this chapter includes: (1) Real property, including things growing on, affixed to, or found on the land; and (2) Tangible and intangible personal property, including rights, privileges, inter…

37-2803. Inventory. Any peace officer of this state seizing property subject to forfeiture under the provisions of this chapter shall cause a written inventory to be made and maintain custody of the same until all legal actions have been exhausted. A copy of the inventory shall b…

37-2804. Forfeiture request — Rebuttable presumption. Property subject to criminal forfeiture under this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeki…

37-2805. Preservation of property — Warrant of seizure — Protective orders. (1) Upon application of the state of Idaho, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availa…

37-2806. Institution of proceedings — Third parties. Upon the filing of a part II forfeiture request pursuant to section 37-2804, Idaho Code, or in the event of seizure pursuant to a warrant of seizure, or upon entry of an order of forfeiture pursuant to section 37-2801, Idaho Co…

37-2807. Personal property — Rights of third parties. (1) Within five (5) days of any of the events specified in section 37-2806, Idaho Code, notice, including a copy of the request for forfeiture, shall be given to each co-owner or party in interest who has or claims any right, …

37-2808. Real property — Rights of third parties. (1) Real property subject to forfeiture under the provisions of this chapter may be seized by the attorney general or appropriate prosecuting attorney upon determining that a parcel of property is subject to forfeiture, by filing …

37-2809. Proportionality. In issuing any order under the provisions of this chapter, the court shall make a determination that the property, or a portion thereof in the case of real property, was actually used in violation of the provisions of this chapter. The size of the proper…

37-2810. Authority of the attorney general. With respect to property ordered forfeited under this chapter, the attorney general or appropriate prosecuting attorney is authorized to: (1) Restore forfeited property to victims of a violation of this chapter, or take any other action…

37-2811. Bar on intervention. Except as provided in sections 37-2807 and 37-2808, Idaho Code, no party claiming an interest in property subject to forfeiture under this section may: (1) Intervene in a trial or appeal of a criminal case involving the forfeiture of such property un…

37-2812. Jurisdiction — Depositions. The district courts of the state of Idaho shall have jurisdiction over: (1) Property for which forfeiture is sought that is within the state at the time the action is filed; or (2) The interest of a co-owner or interest holder in the property …

37-2813. Disposition of property. On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented or operated to satisf…

37-2814. Forfeiture of substitute property. If any of the property described in section 37-2801, Idaho Code, as a result of any act or omission of the defendant: (1) Cannot be located upon the exercise of due diligence; (2) Has been transferred or sold to, or deposited with, a th…

37-2815. Construction. The provisions of this section shall be liberally construed to effectuate its remedial purposes.

37-3301. Definitions. As used in this chapter: (1) "Pseudoephedrine product" means any compound, mixture or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers. (2) "Retailer" means any person, other than a …

37-3302. Sales of pseudoephedrine products. A retailer shall ensure that: (1) Pseudoephedrine products offered for sale are located either in an area where the public is not permitted or inside a locked display case; and (2) All distributions of pseudoephedrine products are condu…

37-3303. Limitations on sales and purchases. (1) It shall be unlawful for any retailer to knowingly sell, transfer or otherwise furnish in a single day a pseudoephedrine product or products containing more than a base amount of three and six-tenths (3.6) grams of pseudoephedrine.…

37-3303A. Electronic Tracking System. (1) The board of pharmacy shall implement a real-time electronic sales tracking system to monitor the nonprescription sale of pseudoephedrine products in this state provided that such system is available to the state without charge for access…

37-3304. Penalties. A person who knowingly violates any provision of this chapter shall be guilty of a misdemeanor.

37-3305. Preemption. The provisions of this chapter shall be construed to preempt more stringent regulation of retail sales of pseudoephedrine products by any county, city or other political subdivision.

37-3306. Application. The provisions of this chapter shall not apply to a pseudoephedrine product dispensed pursuant to a valid prescription unless otherwise provided by law.