Title 37 — FOOD, DRUGS, AND OIL

37-411. Standards for transportation tanks. The following standards are hereby adopted relating to transportation tanks: A. The transportation tank and accessories in the milk handling operation shall comply with the requirements of the Sanitary Standards Symbol Administrative Co…

37-412. Standards for milk haulers. The following standards are hereby adopted relating to milk haulers and to the operation of transportation tanks: 1. All milk haulers must possess a permit issued by the department of agriculture. All milk haulers shall be subject to such exami…

37-413. Standards for quality control of milk samples. The following standards are hereby adopted relating to quality control of milk samples taken from tanks: A. As often as is deemed necessary the department of agriculture may take samples for analysis from each farm tank or ea…

37-502. Inspections of dairy product establishments . It shall be the duty of the director of the department of agriculture, to make inspections or cause inspections to be made in this state of all places required to be licensed by the provisions of this act, where dairy products…

37-503. Licenses — Retail vendor excepted — Fees — Posting — Definitions. Every creamery, milk plant, shipping or cream buying station, milk condensing plant, cheese factory, mix making plant, ice cream factory, reprocessing plant, casein plant, powdered milk plant, or factory of…

37-504. Licenses — Duration and revocation. Licenses shall be issued by the department for the period of one (1) year, fees for which shall be prorated for the appropriate number of months until renewal, and shall expire on December thirty-first of each year issued, and may be re…

37-505. Reports of licensees. All buyers of butterfat, cream, milk or other dairy products, required to be licensed by the provisions of this act, shall report to the director of the department of agriculture monthly the number of pounds of each grade of cream, butterfat or other…

37-506. Method of testing milk and cream. All milk and cream purchased or sold in the state of Idaho at a price based upon or determined by the milkfat, protein, lactose, solids nonfat or somatic cell counts thereof, shall be tested by methods approved by the director of the depa…

37-507. Statement of milk or cream purchased. Every person, corporation, cooperative or company that determines the value of any milk or cream received or bought by such person, corporation, cooperative or company on a milk volume, component or somatic cell count basis shall, whe…

37-509. Penalty for violations. (1) Whoever shall violate any of the provisions of this chapter or the rules promulgated hereunder for carrying out any requirements herein specified may be assessed a civil penalty by the department or its duly authorized agent of not more than te…

37-510. Retention of tested samples. Every operator testing components in milk or cream for the purpose of determining their commercial value when purchased or sold shall keep for the period of forty-eight (48) hours after completing a test a portion sufficient for two (2) tests …

37-511. Tester’s and grader’s license — Examination — Licensee’s substitute. Every person testing or grading milk or cream to determine the milk fat as a basis of fixing the purchase price or to determine the acceptability of such milk or cream shall secure a tester’s license fro…

37-512. Testing and grading when purchase-price based on milk fat or butter fat content. All buyers of cream or milk, who purchase milk or cream at a purchase price based upon or determined by the milk fat or butter fat content thereof, shall maintain at the plant, creamery, stat…

37-513. False tests — Evidence. No person shall falsely manipulate or misread milk or cream testing apparatus. The writing of a check or payment of money by such person, corporation, cooperative or company for cream or milk shall constitute prima facie evidence that such test was…

37-514. Testing without license — Separate offenses. The testing of each lot of milk or cream by an unlicensed person shall constitute a separate offense.

37-515. Fees and fines — Disposition. Fees and fines collected under the provisions of this act shall be credited and paid into the dairy industry and inspection fund. The department is authorized by rule to set forth parameters relating to payments, refunds or other adjustments …

37-516. Rules for administration — "Department" defined. The director of the department of agriculture is empowered to prescribe rules and regulations in the administration of this act not inconsistent with its provisions. The term "department," as used in this act, means the dep…

37-601. Short title. This chapter shall be known and cited as the "Dairy Environmental Control Act."

37-602. legislative findings and purpose. (1) The legislature finds that: (a) The water resources of the state are among the state’s most valuable natural resources; (b) Maintaining an ecologically sound and economically viable dairy industry in this state is vital to the Idaho e…

37-603. Authority and duties of director and agency coordination. (1) The director of the department shall be solely responsible for approving and enforcing dairy environmental management plans. The department is authorized to adopt rules to implement the provisions in this chapt…

37-604. Definitions. When used in this chapter: (1) "Agricultural stormwater discharge" means a precipitation-related discharge of dairy byproducts from land areas under the control of a dairy farm where the dairy byproducts have been land applied in accordance with an approved n…

37-605. dairy storage and containment facility design and construction. (1) All dairy storage and containment facilities shall be designed and constructed in accordance with engineering standards and specifications published by the United States department of agriculture natural …

37-606. dairy Nutrient management plan. (1) Each dairy farm shall have a dairy nutrient management plan that is approved by the department and included in the dairy farm’s environmental management plan. The dairy nutrient management plan shall be implemented by the dairy farm and…

37-606A. dairy environmental management plan. (1) Each dairy farm shall comply with the dairy environmental management plan that is approved and on file with the department to prevent unauthorized discharges, unauthorized releases, violations of state water quality standards, con…

37-607. Inspections. (1) The director or his designee is authorized to enter and inspect any dairy farm to determine compliance with the dairy farm’s environmental management plan. The director shall have access to or copy any records pertaining to the dairy environmental managem…

37-608. unauthorized discharges and unauthorized releases. (1) No dairy farm shall cause an unauthorized discharge or an unauthorized release. (2) The department of environmental quality shall be solely responsible and authorized to determine whether the discharge of pollutants f…

37-609. noncompliance — enforcement — penalties. (1) A dairy farm operating in compliance with its environmental management plan shall not be subject to enforcement action pursuant to this chapter. (2) The department shall address noncompliance with an environmental management pl…

37-1101. ACQUISITION OF RAW MILK AND RAW MILK PRODUCTS. (1) The acquisition of raw milk or raw milk products from cows, sheep, or goats by an owner of such cows, sheep, or goats for use or consumption by the owner or members of the owner’s household shall not constitute the sale …

37-1102. enforcement — penalty. The director of the department of agriculture may bring civil actions to enjoin violations of this chapter or rules promulgated to implement the provisions of this chapter. Anyone committing a violation of the provisions of this chapter or rules pr…

37-1201. Definitions. For the purpose and within the meaning of this act, the term "frozen desserts and frozen novelties" shall be defined as provided in regulations promulgated by the director of the department of agriculture.

37-1202. Labeling and advertising frozen desserts and frozen novelties. (a) All packages and containers used in the sale and distribution of frozen desserts or frozen novelties shall bear a label. The label shall plainly give the name of the product as defined in regulations prom…

37-1203. Violations unlawful. It shall be unlawful for any person, partnership, firm or corporation to manufacture, dispense, sell or offer to sell any frozen dessert or frozen novelty which does not conform to the standards set forth in this act, and it shall be unlawful to manu…

37-1204. Penalties. Any person, partnership, firm or corporation violating, or who shall fail to comply with, the preceding sections, or any part, provision, or section thereof, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not les…

37-1205. Enforcement and duties of department of agriculture. Enforcement of this act shall be in the department of agriculture of the state of Idaho and it shall be the duty of such department to exercise and supervise and conduct such investigations as may be necessary for the …

37-1501. Terms defined. The word "eggs" whenever used in this act shall mean and include foreign eggs in the shell, and the words "foreign eggs" shall mean and include eggs produced in any foreign country, and egg products manufactured from eggs produced in any foreign country. T…

37-1502. Sale when unfit for human food unlawful. It shall be unlawful for any person to sell, offer or expose for sale, in this state, any eggs or egg products unfit for human food; and for the purpose of this act, an egg shall be deemed unfit for human food when it is addled, p…

37-1503. Eggs in the shell. It shall be unlawful for any person to sell, offer or expose for sale in this state any foreign eggs in the shell, without having stamped on each such egg, in legible type and in durable indelible ink, the words "Foreign Produced Eggs From …." and the …

37-1504. Eggs other than in the shell and egg products. It shall be unlawful for any person to sell, offer or expose for sale in this state any foreign eggs in any other from (form) than in the shell, or any egg products manufactured from foreign eggs, without having stamped or p…

37-1505. Serving in restaurants, hotels and other establishments. It shall be unlawful for any person owning or operating any restaurant, hotel, cafe, coffee shop, or other place where food is served, or any bakery or confectionery shop where food products are sold, to serve or s…

37-1506. Manufacture or sale of food products containing eggs or egg products. It shall be unlawful for any person manufacturing and/or selling any food products containing eggs or egg products to sell, offer or expose for sale in this state any food products containing foreign e…

37-1507. Violation a misdemeanor. Any person who violates or fails to comply with any of the provisions of this act shall be guilty of a misdemeanor.

37-1519. Purpose. The legislature of the state of Idaho recognizes that the candling, storing, grading, packing, selling, peddling, distributing, labeling, dealing in and trading in eggs in the state of Idaho is in the public interest and hereby declares that the provisions of th…

37-1520. Definitions. When used in this act: (a) The term "candling" shall refer to the act or function of determining the grade of eggs; and the term "candler" shall refer to the person performing that act or function. (b) The term "carton" shall mean a container containing one …

37-1521. Regulations for grades and standards. The director of the department of agriculture shall issue regulations for the enforcement of this act which regulations shall have the force and effect of law. Such regulations may relate to all phases of inspection and grading of eg…

37-1522. Licenses. (a) No person shall act as a distributor of eggs in the state of Idaho without first obtaining a license therefor from the director for each physically separate establishment at which such business is conducted. (b) No producer or distributor shall engage in ca…

37-1523. Fees — Renewal. (a) The annual license fee for each physically separate establishment of a distributor shall be twenty dollars ($20.00). The annual license fee for each egg candler shall be five dollars ($5.00). The period for which the license fee is paid and for which …

37-1523A. Assessments — Exemptions to assessments — Prepayment — Audit. (1) There is hereby levied an assessment not to exceed four (4) mills per dozen eggs (4/10 of a cent per dozen eggs) entering intrastate commerce as prescribed by rules and regulations issued by the director.…

37-1524. Statements on container. (a) Each carton or other container in which eggs are being sold or offered for sale by a distributor, egg handler or dealer in the state of Idaho shall bear: (1) A legible statement of the grade and size of eggs. (2) A legible statement of the na…

37-1525. Records — Enforcement. The director is hereby directed and empowered: (a) To administer and enforce the provisions of this act. (b) To require records to be kept. Every distributor and dealer purchasing or selling eggs in the state of Idaho shall keep a record of each pu…

37-1526. Violation a misdemeanor — Penalties. Any person convicted of violating any provisions of this act or the rules and regulations issued thereunder or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the director or his duly authorized represen…