Title 39 — HEALTH AND SAFETY

39-5405. Rights of donor, child, husband. (1) The donor shall have no right, obligation or interest with respect to a child born as a result of the artificial insemination. (2) A child born as a result of the artificial insemination shall have no right, obligation or interest wit…

39-5406. Application of act. Except as may be otherwise provided by a judicial decree entered in any action filed before the effective date of this act, the provisions of this act apply to all persons conceived as a result of artificial insemination as defined herein.

39-5407. Penalty. A person who violates the provisions of sections 2, 3 or 4 of this act is guilty of a misdemeanor.

39-5408. HTLV-III antibody. Every hospital, bank or other storage facility where a person has donated semen shall use all reasonable means to detect if the donor has an antibody to HTLV-III in his blood. In the event that an antibody to HTLV-III is detected, such semen shall not …

39-5501. Legislative findings and intent. (1) Public health officials have concluded that secondhand tobacco smoke causes disease, including lung cancer and heart disease, in nonsmoking adults, as well as causes serious conditions in children such as asthma, respiratory infection…

39-5502. Definitions. As used in this chapter: (1) "Auditorium" means a public building where an audience sits and any corridors, hallways or lobbies adjacent thereto. (2) "Bar" means any indoor area open to the public operated primarily for the sale and service of alcoholic beve…

39-5503. Prohibitions — Exceptions. (1) No person shall smoke in a public place, publicly-owned building or office, or at a public meeting, except in the following which may contain smoking areas or be designated as smoking areas in their entirety: (a) Bars; (b) Retail businesses…

39-5505. Smoking in elevators prohibited. Notwithstanding any other provision of this chapter or any other statute, or county or city ordinance, no person shall smoke in any elevator generally accessible to the public. Signs indicating that smoking is prohibited shall be conspicu…

39-5506. Responsibilities of employers. (1) No employer or other person in charge of a public place or publicly-owned building or office shall knowingly or intentionally permit the smoking of tobacco products in violation of this chapter. (2) Any employer or other person in charg…

39-5507. Violations. An employer, or other person in charge of a public place or publicly owned building, or the agent or employee of such person, who observes a person smoking in apparent violation of this chapter shall ask the person to extinguish all lighted tobacco products. …

39-5508. posting of signs. Signs shall be appropriately sized, conspicuous, legible with letters at least one (1) inch in height, unobscured, and placed at a height and location easily seen and read by persons entering or within the posted area. Signs may contain information such…

39-5509. Other statutes not affected. The provisions of this chapter shall not be deemed to amend, modify or repeal sections 18-5904, 18-5905 and 18-5906, Idaho Code, relating to no smoking during public meetings.

39-5510. Smoking on buses. (1) Smoking of tobacco or other products in or upon any bus, except a charter bus, is a violation of the provisions of this chapter, and any person smoking tobacco or other products on a bus, except a charter bus shall be guilty of an infraction and sha…

39-5511. Local provisions. Nothing in this chapter shall be interpreted to prevent local, county or municipal governments from adopting ordinances or regulations more restrictive than the provisions contained herein.

39-5701. Legislative findings and intent. The prevention of youth access to tobacco products and electronic smoking devices within the state of Idaho is hereby declared to be a state goal to promote the general health and welfare of Idaho’s young people. Tobacco use is the leadin…

39-5702. Definitions. The terms used in this chapter are defined as follows: (1) "Business" means any company, partnership, firm, sole proprietorship, association, corporation, organization, or other legal entity, or a representative of the foregoing entities. (2) "Delivery sale"…

39-5703. Possession, distribution, or use by a minor. (1) It shall be unlawful for a minor to possess, receive, purchase, use, or consume tobacco products or electronic smoking devices or to attempt any of the foregoing. (2) It shall be unlawful for a minor to sell or distribute …

39-5704. Permitting of tobacco products or electronic smoking devices retailers. (1) It shall be unlawful to sell or distribute or offer tobacco products or electronic smoking devices for sale or distribution at retail or to possess tobacco products or electronic smoking devices …

39-5705. Sale or distribution of tobacco products or electronic smoking devices to a minor. (1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor. (2) It shall be an affirmative defense that the seller of a tobacco produc…

39-5706. Vendor-assisted sales. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices by any means other than vendor-assisted sales where the customer has no access to the product except through the assistance of the seller. (2) It shall be…

39-5707. Opened packages and samples. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for commercial purposes other than in the federally required sealed package provided by the manufacturer with all the required warning labels and he…

39-5708. Civil penalties for violations of permit. (1) Any permittee who fails to comply with any part of this chapter regarding the sale or distribution of tobacco products or electronic smoking devices shall be subject to a civil penalty as provided in this section or have thei…

39-5709. Criminal penalties for violations without a permit. Sale or distribution of tobacco products or electronic smoking devices, or any violation of this chapter, without a permit is considered by the state of Idaho as an effort to subvert the state’s public purpose to preven…

39-5710. Conduct of enforcement actions. (1) It is the intent of the legislature that law enforcement agencies, the attorney general, and the department shall enforce this chapter in a manner that can reasonably be expected to significantly reduce the extent to which tobacco prod…

39-5711. Funding and creation of prevention of minors’ access to tobacco products or electronic smoking devices fund. There is hereby created the prevention of minors’ access to tobacco products or electronic smoking devices fund in the state treasury. Moneys in the fund shall be…

39-5713. Local ordinances PROHIBITED. No local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter. No local unit of government …

39-5714. Requirements for delivery sales. (1) No permittee shall make a delivery sale of tobacco products or electronic smoking devices to any individual who is under age twenty-one (21) years in this state. (2) Each permittee taking a delivery sale order shall comply with: the a…

39-5715. Age verification requirements. No permittee shall mail or ship tobacco products or electronic smoking devices in connection with a delivery sale order unless, before mailing or shipping such tobacco products or electronic smoking devices, the permittee accepting the deli…

39-5716. Disclosure and notice requirements. For all delivery sales a permittee shall post on any advertisement or website: (1) The cautionary language for signs under section 39-5704(6), Idaho Code; (2) A prominent and clearly legible statement that consists of one (1) of the wa…

39-5717. Shipping requirements — tobacco products or electronic smoking devices. Each permittee who mails or ships tobacco products or electronic smoking devices in connection with a delivery sale order shall include as part of the shipping documents a clear and conspicuous state…

39-5718. Registration and reporting requirements. (1) Prior to making delivery sales or shipping tobacco products or electronic smoking devices in connection with any such sales, every business shall obtain a permit from the department and file with the state tax commission a sta…

39-5801. Short title. This chapter shall be known and may be cited as the "State Hazardous Waste Facility Siting Act."

39-5802. Legislative intent. (1) The legislature of the state of Idaho hereby finds that adverse public health and environmental impacts can result from the improper land disposal of hazardous waste and that the need for establishing safe sites with adequate capacity for the disp…

39-5803. Definitions. As used in this chapter: (1) "Panel" means the site review panel created in section 39-5812, Idaho Code. (2) "Committee" means the state hazardous waste management planning committee created in section 39-5805, Idaho Code. (3) "Department" means the departme…

39-5804. Methods of hazardous waste management. The department and the committee in the conduct of their duties under the provisions of this chapter and under the provisions of chapter 44, title 39, Idaho Code, shall assist in encouraging, developing and implementing methods of h…

39-5805. State hazardous waste management planning committee — Creation — Members. (1) The state hazardous waste management planning committee is hereby created in the department. The committee shall represent diverse geographical areas of the state. No later than September 1, 19…

39-5806. State hazardous waste siting management plan — Preparation — Inclusions — Studies — Public hearings — Summary — Amendments — Recommendation. (1) Not later than January 1, 1987, the committee shall prepare a state hazardous waste siting management plan. (2) The plan shall…

39-5807. Amendment or rejection of plan. The legislature shall amend, adopt or reject the plan by passage of a concurrent resolution at the regular legislative session when it receives the plan. If the legislature amends or rejects the plan, it shall indicate its reasons for amen…

39-5808. Siting license required. No person shall construct, expand, enlarge or alter a commercial hazardous waste disposal, treatment or storage facility or any on-site land disposal facility for wastes listed pursuant to section 201(d)(2) and (e), as modified by section 209 of …

39-5809. Permits and licenses — Issuance prior to adoption of plan. The director may issue permits under the provisions of chapter 44, title 39, Idaho Code, or licenses pursuant to this chapter, for existing or proposed hazardous waste treatment, storage or disposal facilities an…

39-5810. Licenses — Issuance after adoption of plan. After the plan has been adopted by the committee, the director shall not issue a license under the provisions of this chapter for a hazardous waste treatment, storage or disposal facility until the director has made a determina…

39-5811. Expansion, enlargement or alteration of treatment, storage, or disposal facility — Review — Siting licenses. (1) A hazardous waste treatment, storage, or disposal facility in existence on July 1, 1985, shall not require a review under the provisions of this chapter. (2) …

39-5812. Site review panels — Members, chairman, quorum, meetings, staff. (1) A site review panel shall be established to insure public input in the licensing process and to recommend to the director conditions which should be included in the siting license. Such conditions may i…

39-5813. Siting license application — Fee — Rules and regulations. (1) An application for a siting license shall include: (a) The name and residence of the applicant; (b) The location of the proposed hazardous waste treatment, storage, or disposal facility; (c) Engineering or hyd…

39-5814. Duties of director upon receipt of a siting license application — Recommendation. (1) Upon receipt of a complete siting license application, the director or an authorized representative of the director shall: (a) Immediately notify the permanent panel members, the city a…

39-5816. Local restrictions on hazardous waste treatment, storage, or disposal facility construction. An ordinance, permit requirement or other requirement of a city or county shall not prohibit the construction of a hazardous waste treatment, storage, or disposal facility in tha…

39-5817. Coordination and integration with state and federal law. The director shall coordinate and integrate the provisions of this chapter for purposes of administration and enforcement with appropriate state and federal law.

39-5818. Information obtained — Public record. (1) Except as provided in subsection (2) of this section, information obtained by the department under the provisions of this chapter shall be deemed to be a public record. (2) A person regulated under the provisions of this chapter …

39-5819. Certification of city, county, or district health departments. The department may certify a city, county or health district to administer and enforce portions of this chapter and chapter 44, title 39, Idaho Code, but only to the extent consistent with obtaining and maint…

39-5820. Remedy for devaluation of property caused by approved facility. (1) Before construction of a hazardous waste treatment, storage, or disposal facility, but in no case later than nine (9) months after approval of a site license for a hazardous waste treatment, storage, or …