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…

37-301. Statement of Purpose. It is hereby declared to be the policy of the legislature of the state of Idaho that the public interest requires that all dairy products produced, distributed, offered for sale or sold in Idaho meet minimum standards of sanitary condition, quality, …

37-302. inspections. (1) It shall be the duty of the director of the department of agriculture to cause to be visited as frequently as it may deem necessary all dairies supplying dealers and consumers with milk, and inspect the same to ascertain and certify sanitary conditions an…

37-303. standards and rules. (1) The director of the department of agriculture is hereby authorized to promulgate and enforce reasonable rules as may be necessary or desirable to establish standards and to carry out its functions and the intent and purposes of this chapter. (2) A…

37-304. permit issuance and revocation. (1) The director or the director’s authorized agent shall issue a permit authorizing the sale of milk for human consumption to all dairy farms that meet the standards and requirements of this chapter, and rules promulgated pursuant to this …

37-305. Enforcement. 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.

37-306. Department to cooperate with other agencies. The department of agriculture is hereby authorized to advise and assist and to cooperate with the federal government or any of its agencies, other departments, agencies and institutions of this state, counties, school districts…

37-307. Milk haulers and tanks — Definitions. As used in this act, unless the context clearly requires otherwise, the following definitions are adopted: (1) "Milk hauler" means the operator of a transportation tank and may be an employee or the owner of the equipment. (2) "Farm t…

37-308. Standards for transportation tanks. The following standards are hereby adopted relating to transportation tanks: (1) The transportation tank and accessories in the milk handling operation shall comply with the requirements of the 3A sanitary standards symbol administrativ…

37-309. 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 state department of agriculture. All milk haulers shall be subject to suc…

37-310. Standards for quality control of milk samples. The following standards are hereby adopted relating to quality control of milk samples taken from tanks: (1) As often as is deemed necessary, the department of agriculture may take samples for analysis from each farm tank or …

37-311. Reports of volumes purchased. All milk processors, cooperatives and organizations that procure milk from Idaho dairy farms or process milk received from other states shall, by the twentieth day of the following month in which the milk was produced or processed, provide a …

37-312. Butter and whey butter — Definitions and qualities. Butter is the product made by gathering the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of other milk constituents, with or without salt or a harmless coloring matter. Butter sh…

37-313. Butter grades. The grades of butter shall comply with the United States department of agriculture’s 1989 "Standards for Grades of Butter." "Undergrade" butter is butter scoring less than 90 under this standard. It is hereby declared to be unlawful to sell, or offer for sa…

37-314. Improperly graded butter. Butter that fails to meet the grade labeled on the butter container may be rejected. Butter that has been rejected due to failure to meet the standard may be relabeled, regraded or reprocessed if authorized by the department of agriculture.

37-315. Advertising substitutes for dairy products. It shall be unlawful for any person, firm or corporation to make use of the words milk, cream, butter, cheese, creamery, dairy, churn, cow, the name of any dairy breed or any pictorial representation of any of these terms in con…

37-316. Food products made to resemble dairy products — Definitions. As used in sections 37-315 and 37-318, Idaho Code: (1) "Dairy product" includes: (a) Milk, skim milk, milk fat, cream, sour cream, lowfat milk and nonfat milk used in fluid, concentrated or dry form. (b) Cheese.…

37-317. Quality standards for food products made to resemble dairy products. Quality standards (e.g., bacteria, coliform, etc.) for food products made to resemble dairy products shall be at least the equivalent of the established quality standards of the dairy product resembled.

37-318. License requirements for manufacturers of food products made to resemble dairy products. (1) It is unlawful to engage in the manufacture of food products resembling dairy products, unless a license for the current calendar year for each separate plant or place used for su…

37-319. Penalty — Enforcement. (1) Any person, firm or corporation, violating the provisions of sections 37-315 through 37-318, Idaho Code, or any part or provision of any of said sections, shall be guilty of a misdemeanor and punishable by a fine not exceeding two hundred dollar…

37-401. Inspections, examinations and tests by department of agriculture — Dairy farms — Nutrient management plans required — Certain evidence required. (1) The director of the department of agriculture is hereby authorized and directed to designate any agent to inspect, examine …

37-402. Standards, rules and regulations. The following standards, rules and regulations concerning the sanitation of milk and cream are hereby established: 1. The term "processor" as used herein shall mean any individual, partnership, association, or corporation doing business i…

37-403. Basis for issuance or revocation of licenses or permits. Whenever, under any law of this state or rule, the director of the department of agriculture or any agent is required to inspect dairy farms and dairy waste systems for compliance with rules prescribed by the depart…

37-404. Coloring when unfit for human consumption. Whenever the director of the department of agriculture or his agent finds any milk, cream or other dairy products unacceptable for human consumption under the foregoing, he shall color the same with a harmless edible dye so that …

37-405. Department may make rules and orders. The department of agriculture is hereby invested with authority to make rules and orders as may be necessary or desirable for carrying out its various functions and the intent and purpose of this act.

37-406. Department to cooperate with other agencies. The department of agriculture is hereby authorized to advise and assist and to cooperate with the federal government or any of its agencies, other departments, agencies and institutions of this state, counties, school districts…

37-407. Fees and assessments to be collected from dairy processors. Whenever an inspection of any dairy product is made by the department of agriculture, or whenever permanent or temporary inspectors or employees are used by said department for the purpose of enforcing or promulg…

37-408. Penalty for violations. Anyone failing to comply with any of the provisions of this chapter or any standards, rules or orders promulgated hereunder shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding two hundred dollars ($200) or …

37-409. Milk haulers and tanks — Definitions. As used in this act, unless the context clearly requires otherwise, the following definitions are adopted: (1) The term "milk hauler" is the operator of a transportation tank and may be an employee or the owner of the equipment. (2) T…

37-410. Standards for holding and cooling tanks. The following standards are hereby adopted relating to farm holding and/or cooling tanks: A. Each producer desiring to install a farm holding and/or cooling tank shall obtain approval from the director of the department of agricult…