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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1283
BY
AGRICULTURAL
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
AGRICULTURAL
PRODUCTS;
AMENDING
TITLE
37,
IDAHO
CODE,
BY
THE
2
ADDITION
OF
A
NEW
CHAPTER
2,
TITLE
37,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
3
IDAHO
DIRECT
-
TO
-
CONSUMER
COMMERCE
ACT;
AMENDING
SECTION
22
-
703,
IDAHO
4
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
SALE
OF
GRADED
AND
UNGRADED
5
PRODUCTS;
AMENDING
SECTION
22
-
801,
IDAHO
CODE,
TO
REVISE
PROVISIONS
6
REGARDING
FRUIT
PACKAGING;
AMENDING
SECTION
22
-
901,
IDAHO
CODE,
TO
RE
-
7
VISE
PROVISIONS
REGARDING
APPLICATION;
AMENDING
SECTION
37
-
118,
IDAHO
8
CODE,
TO
PROVIDE
AN
EXCEPTION
TO
THE
TAGGING
AND
DETENTION
OF
ARTICLES
9
OR
PRODUCTS
SUSPECTED
OF
BEING
ADULTERATED
OR
MISBRANDED
AND
TO
MAKE
10
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
37
-
133,
IDAHO
CODE,
TO
REVISE
1
1
PROVISIONS
REGARDING
THE
INSPECTION
OF
ESTABLISHMENTS;
AMENDING
SEC
-
12
TION
37
-
1520,
IDAHO
CODE,
TO
REVISE
DEFINITIONS
AND
TO
DEFINE
TERMS;
13
AMENDING
SECTION
37
-
1523A,
IDAHO
CODE,
TO
PROVIDE
AN
EXCEPTION
TO
AS
-
14
SESSMENTS
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
39
-
1602,
15
IDAHO
CODE,
TO
REVISE
DEFINITIONS;
AMENDING
SECTION
74
-
107,
IDAHO
CODE,
16
TO
PROVIDE
AN
EXEMPTION
TO
THE
PUBLIC
RECORDS
ACT
AND
TO
MAKE
TECHNICAL
17
CORRECTIONS;
AND
DECLARING
AN
EMERGENCY.
18
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
19
SECTION
1.
That
Title
37,
Idaho
Code,
be,
and
the
same
is
hereby
amended
20
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
21
ter
2,
Title
37,
Idaho
Code,
and
to
read
as
follows:
22
CHAPTER
2
23
IDAHO
DIRECT
-
TO
-
CONSUMER
COMMERCE
ACT
24
37
-
201.
SHORT
TITLE.
This
chapter
shall
be
known
and
may
be
cited
as
25
the
"Idaho
Direct
-
to
-
Consumer
Commerce
Act."
26
37
-
202.
PURPOSE.
The
purpose
of
this
chapter
is
to
facilitate
the
27
production
and
direct
sale
of
homemade
food
and
nonalcoholic
drink
products
28
from
producers
to
informed
end
consumers
with
minimal
regulatory
burden
and
29
to
encourage
the
expansion
of
agricultural
sales
at
farm
stands,
ranches,
30
farms,
and
producer's
homes
by
providing
unimpeded
access
to
food
from
Idaho
31
producers.
32
37
-
203.
DEFINITIONS.
As
used
in
this
chapter:
33
(1)
"Animal
share"
means
an
ownership
interest
in
an
animal
or
herd
of
34
animals
that
is
created
by
a
written
contract
or
bill
of
sale
between
an
in
-
35
formed
end
consumer
and
a
producer
under
which
the
consumer
is
entitled
to
36
receive
a
share
of
meat
from
the
animal
or
herd
that
may
vary
in
weight,
meat
37
product,
or
size.
38
(2)
"Department"
means
the
Idaho
department
of
health
and
welfare.
39
2
(3)
"Designated
agent"
means
a
person,
cooperative
market,
consignment
1
model
market,
or
other
entity
designated
by
a
producer
to
facilitate
pro
-
2
ducer
-
to
-
consumer
transactions,
including
marketing,
transport,
storage,
3
selling,
and
delivery
of
food
or
nonalcoholic
drink
products.
A
designated
4
agent
shall
be
named
in
writing
by
the
producer
and
shall
not
take
ownership
5
of
any
food
or
drink
product.
6
(4)
"Farm
stand"
means
a
temporary
or
permanent
structure
operated
by
7
a
producer
or
designated
agent
for
the
sale
of
homemade
shelf
-
stable
food,
8
perishable
food,
or
nonalcoholic
drinks.
9
(5)
"Homemade"
means
foods
or
nonalcoholic
drinks
that
are
grown,
10
prepared,
or
processed
at
a
private
or
leased
farm,
home
kitchen,
or
other
1
1
non
-
licensed
facility.
Homemade
does
not
include
food
that
is
prepared,
12
cooked,
or
served
on
-
site
for
immediate
consumption,
including
restau
-
13
rant
-
style
food
service,
mobile
food
units,
concession
trailers,
or
other
14
facilities
preparing
ready
-
to
-
eat
meals.
15
(6)
"Informed
end
consumer"
means
a
person
who
knowingly
purchases
16
products
available
pursuant
to
the
provisions
of
this
chapter,
who
is
the
17
final
purchaser
of
such
product,
who
does
not
resell
or
redistribute
the
18
product,
and
for
whom
resale
or
redistribution
is
unlawful.
19
(7)
"Perishable
food"
means
homemade
food
and
drinks
that
require
time
20
or
temperature
control
at
a
temperature
of
forty
-
one
(41)
degrees
Fahrenheit
21
or
below
for
cold
foods
or
one
hundred
thirty
-
five
(135)
degrees
Fahrenheit
22
or
above
for
hot
foods.
Perishable
food
includes
but
is
not
limited
to:
23
(a)
Nonalcoholic
drinks,
including
coffee,
lemonade,
tea,
and
soda;
24
(b)
Chocolate,
candies,
and
confectioneries;
25
(c)
Condiments
and
sauces;
26
(d)
Fruits
and
vegetables
that
remain
uncut
post
-
harvest;
27
(e)
Milk
and
dairy
products;
28
(f)
Eggs
and
egg
products;
29
(g)
Nut,
seed,
and
fruit
butters;
30
(h)
Fresh
and
dehydrated
pastas;
31
(i)
Raw
doughs;
32
(j)
Regular
and
sugar
-
free
butters,
jams,
jellies,
marmalades,
pre
-
33
serves,
and
syrups;
34
(k)
Baked
goods
that
include
frosting
or
filling
made
from
animal
prod
-
35
ucts
or
other
perishable
ingredients;
36
(l)
Meat
products
produced
pursuant
to
this
chapter;
37
(m)
Cooked
vegetables;
and
38
(n)
Pickled
products.
39
(8)
"Process"
means
operations
a
producer
performs
in
the
making
or
40
treatment
of
the
producer's
food
or
nonalcoholic
drink
product.
41
(9)
"Producer"
means
any
person
who
grows,
harvests,
prepares,
or
pro
-
42
cesses
any
food
or
nonalcoholic
drink
product
pursuant
to
the
provisions
of
43
this
chapter.
44
(10)
"Shelf
-
stable
food"
means
homemade
food
or
drinks
that
do
not
re
-
45
quire
time
or
temperature
control.
Shelf
-
stable
food
includes
but
is
not
46
limited
to:
47
(a)
Hermetically
sealed
butters,
jams,
jellies,
marmalades,
pre
-
48
serves,
and
syrups;
49
(b)
Fermented
food
products;
50
3
(c)
Tallow;
1
(d)
Lard;
2
(e)
Fruit
leathers,
pies,
and
turnovers;
3
(f)
Chocolates,
candies,
and
confectioneries
that
do
not
need
to
be
re
-
4
frigerated;
5
(g)
Nonalcoholic
drinks
that
do
not
need
to
be
refrigerated;
6
(h)
Milk
and
dairy
products
that
do
not
need
to
be
refrigerated;
7
(i)
Nut
mixes;
8
(j)
Granola;
9
(k)
Dry
soup
mixes,
excluding
meat
-
based
soup
mixes;
10
(l)
Roasted
coffee
beans;
1
1
(m)
Popcorn;
12
(n)
Honey;
13
(o)
Dried,
dehydrated,
and
freeze
-
dried
foods,
including
jerky
prod
-
14
ucts;
and
15
(p)
Baked
goods
that
do
not
include
frosting
or
filling
made
from
animal
16
products
or
other
perishable
ingredients.
17
37
-
204.
PREEMPTION
AND
APPLICABILITY.
(1)
The
legislature
finds
that
18
uniform
laws
regarding
the
production,
sale,
and
acquisition
of
products
19
available
pursuant
to
this
chapter
within
Idaho
are
necessary
to
protect
and
20
promote
the
agricultural
economy
that
is
vital
to
Idaho
and
its
citizens.
21
It
is
the
legislature's
intent
to
wholly
occupy
the
field
of
products
made
22
directly
available
to
consumers
pursuant
to
this
chapter
within
this
state.
23
(2)
Except
as
expressly
authorized
by
state
statute,
agencies
and
po
-
24
litical
subdivisions
of
this
state
shall
not
adopt,
continue
in
effect,
or
25
enforce
any
ordinance,
rule,
regulation,
resolution,
or
policy
pertaining
26
to
the
licensing,
permitting,
inspection,
packaging,
or
labeling
of
prod
-
27
ucts
made
available
pursuant
to
this
chapter
that
is
more
stringent
than
the
28
corresponding
state
or
federal
requirement.
Any
law,
rule,
regulation,
or
-
29
dinance,
or
policy
that
is
in
violation
of
this
chapter
is
hereby
declared
to
30
be
unenforceable.
31
(3)
Nothing
in
this
chapter
shall:
32
(a)
Exempt
any
food
product
from
law,
regulations,
or
inspections
for
33
weights
and
measures,
representation,
marketing
or
branding,
the
law
-
34
ful
use
of
pesticides
or
fertilizers,
and
the
lawful
use
of
pest,
weed,
35
or
disease
prevention
methods;
36
(b)
Allow
the
sale
of
milk
and
dairy
products
or
products
derived
there
-
37
from,
unless
the
producer
or
designated
agent
is
in
full
compliance
with
38
the
applicable
provisions
of
chapters
3,
4,
5,
and
12,
title
37,
Idaho
39
Code;
40
(c)
Allow
the
sale
of
raw
milk
and
raw
milk
products
or
products
derived
41
therefrom,
unless
the
producer
or
designated
agent
is
in
full
compli
-
42
ance
with
applicable
provisions
of
chapter
11,
title
37,
Idaho
Code;
43
(d)
Allow
the
use
of
a
product
made
available
pursuant
to
this
chap
-
44
ter
as
an
ingredient
in
a
food
establishment,
as
that
term
is
defined
in
45
section
39
-
1602,
Idaho
Code,
including
in
public
school
kitchen
facili
-
46
ties;
47
(e)
Impede
the
department
of
health
and
welfare
in
any
investigation
of
48
confirmed
foodborne
illness;
or
49
4
(f)
Be
construed
to
limit
liability
in
cases
of
gross
negligence
or
mis
-
1
representation
by
a
producer
or
designated
agent.
2
37
-
205.
DIRECT
-
TO
-
CONSUMER
TRANSACTIONS
AND
REQUIREMENTS.
(1)
Pro
-
3
ducers
operating
pursuant
to
this
chapter
may
sell
homemade
shelf
-
stable
or
4
perishable
food
products
to
the
fullest
extent
permitted
by
applicable
state
5
and
federal
law.
6
(2)
Transactions
conducted
pursuant
to
this
chapter
shall:
7
(a)
Occur
between
a
producer
or
designated
agent
and
informed
end
con
-
8
sumer;
9
(b)
Occur
entirely
within
the
state
of
Idaho
and
shall
not
constitute
or
10
involve
interstate
commerce.
All
production,
processing,
packaging,
1
1
sale,
and
delivery
activities
shall
take
place
wholly
within
the
state
12
of
Idaho;
and
13
(c)
Not
involve
the
sale
of
meat
or
meat
products,
except:
14
(i)
The
sale
of
poultry
and
poultry
products,
if:
15
1.
The
producer
slaughters
no
more
than
one
thousand
(1,000)
16
poultry
of
the
producer's
own
raising
during
any
one
(1)
cal
-
17
endar
year;
18
2.
The
producer
does
not
engage
in
buying
or
selling
poultry
19
products
other
than
those
produced
from
poultry
of
the
pro
-
20
ducer's
own
raising;
and
21
3.
The
poultry
or
poultry
product
is
not
adulterated
or
mis
-
22
branded;
23
(ii)
The
sale
of
live
animals;
24
(iii)
The
sale
of
portions
of
live
animals,
including
pursuant
to
25
section
37
-
207,
Idaho
Code,
before
slaughter
for
future
delivery;
26
(iv)
The
sale
of
domestic
rabbit
meat;
27
(v)
The
sale
of
farm
-
raised
fish,
provided
that
the
fish
is
raised
28
in
accordance
with
Idaho
Code
and
the
fish
is
not
catfish;
and
29
(vi)
The
sale
of
meat
from
cattle,
sheep,
swine,
and
goats
that
30
have
been
inspected
by
the
United
States
department
of
agriculture
31
or
another
approved
inspector.
32
(3)(a)
A
producer
or
designated
agent
shall
inform
the
end
consumer
33
that
any
homemade
shelf
-
stable
or
perishable
food
product
sold
pursuant
34
to
this
chapter
is
not
subject
to
inspection
or
licensing.
35
(b)
There
shall
be
a
conspicuously
displayed
sign,
label
affixed
to
the
36
food
product,
or
card
given
to
the
informed
end
consumer
that
shall:
37
(i)
State:
"This
product
is
not
subject
to
government
food
safety
38
inspection
or
licensing
requirements.
It
may
contain
aller
-
39
gens.";
40
(ii)
Include
the
name
and
contact
information
of
the
producer;
and
41
(iii)
Include
a
list
of
ingredients
used
in
the
product
if
such
42
product
contains
two
(2)
or
more
ingredients.
43
(4)(a)
Perishable
food
shall
be
produced,
processed,
stored,
trans
-
44
ported,
and
sold
under
conditions
reasonably
intended
to
maintain
the
45
safety
and
integrity
of
the
product.
46
(b)
Perishable
food
products
shall
include
information
on
handling
in
-
47
structions
sufficient
to
inform
the
consumer
of
safe
storage
and
prepa
-
48
ration
practices.
49
5
(5)
If
a
retail
space
is
in
any
way
associated
with
a
commercial
food
1
establishment
or
offers
any
food
product
available
pursuant
to
this
chapter
2
for
sale,
the
retail
space
shall:
3
(a)
Avoid
intermingling
by
physically
separating
products
available
4
pursuant
to
this
chapter
from
other
products,
including
shelving
in
5
coolers,
freezers,
warehouses,
or
other
storage
areas;
and
6
(b)
Include
signs
or
other
markings
clearly
indicating
which
area
of
-
7
fers
products
available
pursuant
to
this
chapter.
8
37
-
206.
DEPARTMENT
TO
PROVIDE
EDUCATIONAL
MATERIAL.
(1)
To
prevent
9
foodborne
illnesses
and
promote
best
safety
practices,
the
department
shall
10
compile
educational
information
on
food
safety,
shelf
-
stable
and
perishable
1
1
food
storage,
and
prevention
of
the
spread
of
foodborne
illness
and
shall
12
make
such
information
publicly
available.
13
(2)
Producers
and
designated
agents
shall
become
familiar
with
the
edu
-
14
cational
material
provided
by
the
department.
15
37
-
207.
ANIMALS
SHARES.
(1)
The
acquisition
of
meat
from
animals
by
16
an
informed
end
consumer
shall
not
constitute
the
sale
of
meat
products
and
17
shall
not
be
prohibited
if:
18
(a)
The
meat
is
delivered
pursuant
to
an
animal
share
and
is
received
by
19
the
consumer
from
the
producer
within
the
state
of
Idaho;
20
(b)
Ownership
interest
of
each
animal
is
established
prior
to
slaugh
-
21
ter;
22
(c)
The
slaughter
is
conducted
pursuant
to
section
25
-
1120,
Idaho
Code,
23
if
applicable;
and
24
(d)
The
producer
or
designated
agent
affixes
a
label
to
the
meat
packag
-
25
ing
that
states
"not
for
sale."
26
(2)
An
animal
share
may
be
created
in
any
size
or
portion
as
agreed
on
by
27
the
producer
and
the
informed
end
consumer.
28
(a)
Multiple
informed
end
consumers
may
hold
ownership
interests
in
the
29
same
animal
or
herd.
30
(b)
Nothing
in
this
section
shall
be
construed
to
require
an
ownership
31
interest
to
be
limited
to
a
fixed
amount
of
meat
products.
32
(3)
A
person
who
obtains
meat
pursuant
to
an
animal
share
shall
not
33
sell,
donate,
or
commercially
redistribute
the
meat.
34
37
-
208.
RECORDKEEPING.
(1)
A
producer
or
designated
agent
operating
35
pursuant
to
this
chapter
shall,
except
as
provided
by
subsection
(2)
of
this
36
section,
maintain
records
of
transactions
that
identify
the
type
and
quan
-
37
tity
of
product
sold,
the
date
of
the
sale,
the
date
of
production,
where
the
38
homemade
food
product
was
produced,
and
where
each
ingredient
was
produced
39
or
acquired.
40
(2)
Producers
or
designated
agents
operating
pursuant
to
section
41
37
-
207,
Idaho
Code,
shall
maintain
the
written
contract
or
bill
of
sale
evi
-
42
dencing
an
animal
share
agreement
as
a
record.
43
(3)
Producers
who
utilize
a
designated
agent
shall
name
the
designated
44
agent
in
the
records
for
each
transaction
that
the
designated
agent
con
-
45
ducted.
46
6
(4)
Records
shall
be
retained
by
the
producer
or
designated
agent
for
a
1
period
of
at
least
two
(2)
years
from
the
date
on
the
record.
2
(5)
Records
required
to
be
kept
pursuant
to
this
section
shall
be
con
-
3
sidered
confidential
records
that
are
not
subject
to
disclosure
pursuant
to
4
chapter
1,
title
74,
Idaho
Code,
and
shall
not
be
disclosed
or
surrendered
5
to
any
state
agency,
political
subdivision,
or
health
district
except
in
the
6
event
of
a
confirmed
foodborne
illness
investigation.
7
(6)
A
producer
or
designated
agent
who
maintains
and
provides
records
8
in
good
faith
pursuant
to
this
section
shall
not
be
held
civilly
liable
for
9
any
subsequent
use,
resale,
or
misuse
of
the
product
by
the
informed
end
con
-
10
sumer
or
any
other
third
party.
1
1
(7)
If,
during
an
investigation
of
a
foodborne
illness,
the
department
12
finds
that
a
producer
or
designated
agent
has
not
maintained
the
recordkeep
-
13
ing
required
by
this
section,
the
producer
or
designated
agent
may
be
subject
14
to
a
fine
not
to
exceed
five
hundred
dollars
($500).
15
(8)
Nothing
in
this
section
shall
be
construed
to
require
routine
re
-
16
porting,
inspection,
or
submission
of
records
absent
a
confirmed
foodborne
17
illness
investigation.
18
SECTION
2.
That
Section
22
-
703,
Idaho
Code,
be,
and
the
same
is
hereby
19
amended
to
read
as
follows:
20
22
-
703.
SALE
OF
GRADED
AND
UNGRADED
PRODUCTS.
Whenever
any
standard
21
for
the
grade
or
other
classification
of
any
farm
product
becomes
effective
22
under
this
chapter,
no
person
thereafter
shall
pack
for
sale,
offer
to
sell
,
23
or
sell
within
this
state
any
such
farm
product
to
which
such
standard
is
24
applicable
unless
it
conforms
to
the
standard,
subject
to
such
reasonable
25
variations
therefrom
as
may
be
allowed
in
the
rules
and
regulations
made
26
under
this
chapter:
provided,
that
any
pursuant
to
the
rules
promulgated
27
in
accordance
with
this
chapter
or
allowed
pursuant
to
chapter
2,
title
37,
28
Idaho
Code.
A
farm
product
may
be
packed
for
sale,
offered
for
sale
,
or
sold
29
without
conformity
to
the
standard
or
grade
or
other
classification
appli
-
30
cable
thereto
when
such
product
will
be
consumed
or
used
for
manufacturing
31
purposes
wholly
within
this
state,
if
it
is
not
specifically
described
as
32
state
graded
or
packed
under
state
standard,
in
accordance
with
such
regula
-
33
tions
as
the
department
of
agriculture
may
prescribe.
34
SECTION
3.
That
Section
22
-
801,
Idaho
Code,
be,
and
the
same
is
hereby
35
amended
to
read
as
follows:
36
22
-
801.
FRUIT
BOXES
-
-
HOW
MARKED
-
-
MISUSE
OF
LABELS
-
-
CANNED
OR
37
DRIED
FRUIT
EXCEPTED.
38
(1)(a)
It
shall
be
the
duty
of
every
person
growing
or
packing
and
sell
-
39
ing,
offering
for
sale
(or)
,
or
shipping
in
boxes
or
packages,
any
fruit
40
grown
in
this
state,
or
imported
into
this
state,
to
plainly
mark
the
41
same
on
the
outside
of
the
box
or
package
with
the
name
of
the
variety
42
contained
therein
or
with
the
words
"variety
unknown,"
the
name
of
the
43
place
or
locality
where
grown
and
the
name
of
the
grower,
or,
in
the
case
44
of
sale
or
shipment
through
an
association
or
organization
of
growers,
45
the
name
of
such
association,
and
the
lot
number
of
the
grower,
and,
in
46
7
case
of
apples,
pears
,
or
peaches,
the
net
weight
or
the
number
con
-
1
tained
in
the
package
,
and
it
.
2
(b)
In
addition
to
the
marks
required
to
be
placed
on
any
closed
pack
-
3
age
of
fruit
grown
in
this
state,
the
grower
thereof,
or
association
or
4
organization
of
growers
packing
the
same,
shall
mark
on
the
outside
of
5
such
package
the
grade
of
the
fruit
contained
therein.
6
(2)
It
shall
be
unlawful
for
:
7
(a)
For
any
person
to
mark,
:
8
(i)
Mark
or
place
upon,
on
any
package
the
name
of
any
other
place
9
or
locality
than
the
place
where
such
fruit
was
grown
,
except
the
10
place
to
which
shipped
,
or
to
falsely
;
1
1
(ii)
Falsely
mark
any
such
package
as
to
variety,
name
of
grower,
12
association
or
organization
,
or
place
where
grown
,
or
to
obliter
-
13
ate
;
14
(iii)
Obliterate
or
change
the
original
marks
on
any
such
package
15
or
to
remark
the
same
;
or
16
(iv)
Remark
a
package
with
the
name
of
any
other
grower
or
of
any
17
other
place
than
that
by
or
in
which
the
contents
were
grown,
or
in
18
case
such
package
is
marked
with
the
name
of
an
association
or
or
-
19
ganization
of
growers
to
remark
the
same
with
the
name
of
any
other
20
association
or
organization
,
and
it
shall
be
unlawful
for
;
21
(b)
For
any
person,
having
in
his
possession
for
sale,
or
offering
for
22
sale,
or
selling
any
fruit
grown
in
this
state
and
shipped
in
closed
23
packages,
to
repack
the
same
in
the
boxes
or
packages
of
any
other
grower
24
or
shipper
or
from
any
other
place,
or
to
sell
or
offer
for
sale
in
closed
25
packages
any
such
fruit
except
in
the
original
packages,
or
to
pack
in
26
or
offer
for
sale,
from
any
marked
box
or
package,
any
fruit
other
than
27
that
originally
contained
or
shipped
therein
.
In
addition
to
the
marks
28
required
to
be
placed
upon
any
closed
package
of
fruit
grown
in
this
29
state,
as
hereinabove
provided,
the
grower
thereof,
or
association
or
30
organization
of
growers
packing
the
same,
shall
mark
upon
the
outside
of
31
such
package
the
grade
of
the
fruit
contained
therein,
and
it
shall
be
32
unlawful
for
;
33
(c)
For
any
person
to
remark
any
such
closed
package
as
a
higher
or
supe
-
34
rior
grade
than
that
originally
marked
by
the
grower
thereof
or
associa
-
35
tion
or
organization
packing
the
same
,
or
for
;
and
36
(d)
For
any
person
other
than
the
grower
or
association
or
organization
37
packing
such
fruit
grown
in
this
state
to
place
(on)
on
any
such
closed
38
package,
not
marked
with
the
grade
of
the
contents
thereof,
any
mark
or
39
brand
indicating
the
grade
of
such
contents.
Provided,
that
nothing
40
(3)
Nothing
in
this
section
shall
be
construed
to
apply
to
canned
:
41
(a)
Canned
or
dried
fruit
.
;
or
42
(b)
Those
operating
pursuant
to
chapter
2,
title
37,
Idaho
Code.
43
SECTION
4.
That
Section
22
-
901,
Idaho
Code,
be,
and
the
same
is
hereby
44
amended
to
read
as
follows:
45
22
-
901.
APPLICATION
OF
ACT.
(1)
When
potatoes
are
marketed
or
offered
46
for
shipment,
within
the
state
of
Idaho,
for
packing,
repacking
,
or
process
-
47
ing
purposes,
or
when
potatoes
are
offered
for
sale
by
the
grower
direct
to
48
the
consumer
in
lots
of
less
than
one
(1)
carload
within
the
state
or
when
49
8
"Idaho
Certified"
seed
stock,
as
defined
by
the
Idaho
state
seed
certifica
-
1
tion
officials
,
are
offered
for
sale,
the
provisions
of
this
act
prescrib
-
2
ing
grades
and
requiring
grading
shall
not
apply;
but
in
all
other
cases
when
3
potatoes
are
packed
for
sale,
offered
for
sale,
sold,
or
offered
for
shipment
4
within
or
outside
the
state
of
Idaho,
such
potatoes
shall
be
graded
either
5
as
"Idaho
Deluxe,"
"Idaho
Standard,"
or
"Idaho
Utility
":
provided,
however,
6
that
all
potatoes
."
Potatoes
marketed
within
the
state
of
Idaho
or
outside
7
the
state
of
Idaho
may
conform
to
grades
promulgated
by
an
act
of
congress
8
or
promulgated
by
authority
of
the
secretary
of
agriculture
of
the
United
9
States,
if
the
shipper
or
grower
so
desires.
10
(2)
It
is
further
provided
that
all
All
potatoes
not
meeting
the
re
-
1
1
quirements
of
grade
hereinabove
provided
for
and
hereinafter
set
out
are
12
hereby
declared
to
be
detrimental
to
the
potato
industry
of
the
state
of
13
Idaho
and
shall
not
be
marketed,
except
as
provided
in
this
section.
14
(3)
All
potatoes
conforming
to
the
grades
hereinabove
and
here
-
15
inafter
set
out
shall
be
packed
in
containers
or
bags
in
conformity
with
the
16
following
prescribed
rules
provisions
of
this
chapter
and
rules
promulgated
17
pursuant
thereto
.
18
(4)
When
potatoes
are
to
be
shipped
out
of
state
in
bulk,
permission
19
shall
first
be
obtained
from
the
Idaho
department
of
agriculture.
All
per
-
20
mits
issued
hereunder
shall
be
issued
subject
to
the
requirement
that
the
21
potatoes
to
be
shipped
must
be
graded
and
must
either
meet
the
Idaho
grades
or
22
the
United
States
department
of
agriculture
grades
for
potatoes;
except
that
23
potatoes
shipped
outside
the
state
for
processing
into
some
a
changed
form
or
24
product
do
not
need
to
be
graded.
25
(5)
The
Idaho
department
of
agriculture
may
promulgate
the
necessary
26
rules
and
forms
to
carry
out
this
paragraph
the
provisions
of
this
chapter
.
27
SECTION
5.
That
Section
37
-
118,
Idaho
Code,
be,
and
the
same
is
hereby
28
amended
to
read
as
follows:
29
37
-
118.
TAGGING
AND
DETENTION
OF
ARTICLE
OR
PRODUCT
SUSPECTED
OF
BE
-
30
ING
ADULTERATED
OR
MISBRANDED
-
-
EMBARGO
AND
CONDEMNATION
UNDER
CERTAIN
CON
-
31
DITIONS
AND
BY
CERTAIN
PROCEDURES.
(a)
Whenever
a
duly
authorized
agent
of
32
the
director
finds
,
or
has
probable
cause
to
believe,
that
any
food,
drug,
33
device,
or
cosmetic
is
adulterated,
or
so
misbranded
as
to
be
dangerous
or
34
fraudulent,
within
the
meaning
of
this
act,
he
shall
affix
to
such
article
a
35
tag
or
other
appropriate
marking,
giving
notice
that
such
article
is,
or
is
36
suspected
of
being,
adulterated
or
misbranded
and
has
been
detained
or
em
-
37
bargoed,
and
warning
all
persons
not
to
remove
or
dispose
of
such
article
by
38
sale
or
otherwise
until
permission
for
removal
or
disposal
is
given
by
such
39
agent
or
the
court.
It
shall
be
unlawful
for
any
person
to
remove
or
dispose
40
of
such
detained
or
embargoed
article
by
sale
or
otherwise
without
such
per
-
41
mission.
42
(b)
When
an
article
detained
or
embargoed
under
subsection
(a)
of
this
43
section
has
been
found
by
such
agent
to
be
adulterated
,
or
misbranded,
he
44
shall
petition
the
probate
court
or
district
court
in
the
county
in
whose
ju
-
45
risdiction
the
article
is
detained
or
embargoed
for
a
libel
for
condemnation
46
of
such
article.
When
such
agent
has
found
that
an
article
so
detained
or
em
-
47
bargoed
is
not
adulterated
or
misbranded,
he
shall
remove
the
tag
or
other
48
marking.
49
9
(c)
If
the
court
finds
that
a
detained
or
embargoed
article
is
adul
-
1
terated
or
misbranded,
such
article
shall,
after
entry
of
the
decree
be
de
-
2
stroyed
at
the
expense
of
the
claimant
thereof,
under
the
supervision
of
such
3
agent,
and
all
court
costs
and
fees,
and
storage
and
other
proper
expenses,
4
shall
be
taxed
against
the
claimant
of
such
article
or
his
agent;
provided,
5
that
when
the
adulteration
or
misbranding
can
be
corrected
by
proper
label
-
6
ing
or
processing
of
the
article,
the
court,
after
entry
of
the
decree
and
7
after
such
costs,
fees
,
and
expenses
have
been
paid
and
a
good
and
suffi
-
8
cient
bond,
conditioned
that
such
article
shall
be
so
labeled
or
processed,
9
has
been
executed,
may
by
order
direct
that
such
article
be
delivered
to
the
10
claimant
thereof
for
such
labeling
or
processing
under
the
supervision
of
an
1
1
agent
of
the
director.
The
expense
of
such
supervision
shall
be
paid
by
the
12
claimant.
Such
bond
shall
be
returned
to
the
claimant
of
the
article
on
rep
-
13
resentation
to
the
court
by
the
director
that
the
article
is
no
longer
in
vio
-
14
lation
of
this
act,
and
that
the
expenses
of
such
supervision
have
been
paid.
15
(d)
Whenever
the
director
or
any
of
its
the
director's
authorized
16
agents
shall
find
in
any
room,
building,
vehicle
of
transportation
,
or
other
17
structure,
any
meat,
sea
food,
poultry,
vegetable,
fruit
,
or
other
perish
-
18
able
articles
which
that
are
unsound,
or
contain
any
filthy,
decomposed,
or
19
putrid
substance,
or
that
may
be
poisonous
or
deleterious
to
health
or
other
-
20
wise
unsafe,
the
same
being
hereby
declared
to
be
a
nuisance,
the
director
or
21
its
the
director's
authorized
agent
,
shall
forthwith
condemn
or
destroy
the
22
same,
or
in
any
other
manner
render
the
same
unsaleable
as
human
food.
23
(e)
Whenever
the
director
or
its
the
director's
duly
authorized
agent
24
shall
find,
or
have
probable
cause
to
believe,
that
any
food,
drug,
device
,
25
or
cosmetic
is
offered
or
exposed
for
sale,
or
held
in
possession
with
intent
26
to
distribute
or
sell,
or
is
intended
for
distribution
or
sale
in
violation
27
of
any
provision
of
this
act,
whether
it
is
in
the
custody
of
a
common
carrier
28
or
any
other
person,
the
director
may
affix
to
such
article
a
tag
or
other
ap
-
29
propriate
marking,
giving
notice
that
such
article
is,
or
is
suspected
of
be
-
30
ing,
in
violation
of
this
act,
and
has
been
embargoed.
Within
seven
(7)
days
31
after
an
embargo
has
been
placed
upon
on
any
article,
the
embargo
shall
be
re
-
32
moved
by
the
director
or
a
summary
proceeding
for
the
confiscation
of
the
ar
-
33
ticle
shall
be
instituted
by
the
director.
No
person
shall
remove
or
dispose
34
of
such
embargoed
article
by
sale
or
otherwise
without
the
permission
of
the
35
director
or
agent;
or
after
summary
proceedings
have
been
instituted,
with
-
36
out
permission
from
the
court.
If
the
embargo
shall
be
removed
by
the
direc
-
37
tor
or
by
the
court,
neither
the
director
nor
the
state
shall
be
held
liable
38
for
damages
because
of
such
embargo
in
the
event
that
the
court
shall
find
39
that
there
was
probable
cause
for
the
embargo.
40
(f)
Such
proceeding
shall
be
by
complaint,
verified
by
affidavit,
which
41
may
be
made
on
information
and
belief
in
the
name
of
the
director
or
agent
42
against
the
article
to
be
confiscated.
43
(g)
The
complaint
shall
contain:
(1)
a
particular
description
of
the
44
article,
(2)
the
name
of
the
place
where
the
article
is
located,
(3)
the
name
45
of
the
person
in
whose
possession
or
custody
the
article
was
found,
if
such
46
name
be
known
to
the
person
making
the
complaint
or
can
be
ascertained
by
rea
-
47
sonable
effort,
and
(4)
a
statement
as
to
the
manner
in
which
the
article
is
48
adulterated
or
misbranded
or
the
characteristics
which
render
its
distribu
-
49
tion
or
sale
illegal.
50
10
(h)
Upon
the
filing
of
the
verified
complaint,
the
court
shall
issue
a
1
warrant
directed
to
the
proper
officer
to
seize
and
take
in
his
possession
2
the
article
described
in
the
complaint
and
bring
the
same
before
the
court
3
who
issued
the
warrant
and
to
summon
the
person
named
in
the
warrant,
and
any
4
other
person
who
may
be
found
in
possession
of
the
article,
to
appear
at
the
5
time
and
place
therein
specified.
6
(i)
Any
such
person
shall
be
summoned
by
service
of
a
copy
of
the
warrant
7
in
the
same
manner
as
a
summons
issuing
out
of
the
court
in
which
the
warrant
8
has
been
issued.
9
(j)
The
hearing
upon
on
the
complaint
shall
be
at
the
time
and
place
10
specified
in
the
warrant,
which
time
shall
not
be
less
than
five
(5)
days
or
1
1
more
than
fifteen
(15)
days
from
the
date
of
issuing
the
warrant,
but,
if
the
12
execution
and
service
of
the
warrant
has
been
less
than
three
(3)
days
be
-
13
fore
the
return
of
the
warrant,
either
party
shall
be
entitled
to
a
reason
-
14
able
continuance.
Upon
the
hearing
,
the
complaint
may
be
amended.
15
(k)
Any
person
who
shall
appear
and
claim
the
food,
drug,
device,
or
16
cosmetic
seized
under
the
warrant
shall
be
required
to
file
a
claim
in
writ
-
17
ing.
18
(l)
If,
upon
the
hearing,
it
shall
appear
that
the
article
was
offered
19
or
exposed
for
sale,
or
was
in
possession
with
intent
to
distribute
or
sell,
20
or
was
intended
for
distribution
or
sale,
in
violation
of
any
provision
of
21
this
act,
it
shall
be
confiscated
and
disposed
of
by
destruction
or
sale
as
22
the
court
may
direct,
but
no
such
article
shall
be
sold
contrary
to
any
provi
-
23
sion
of
this
act.
The
proceeds
of
any
sale,
less
the
legal
costs
and
charges,
24
shall
be
paid
into
the
state
treasury.
25
(m)
This
section
shall
not
apply
to
food
products
produced,
processed,
26
packaged,
or
sold
pursuant
to
chapter
2,
title
37,
Idaho
Code.
A
food
prod
-
27
uct
shall
not
be
deemed
adulterated,
misbranded,
or
otherwise
in
violation
28
of
this
chapter
solely
because
it
is
produced,
processed,
packaged,
or
sold
29
pursuant
to
chapter
2,
title
37,
Idaho
Code.
30
SECTION
6.
That
Section
37
-
133,
Idaho
Code,
be,
and
the
same
is
hereby
31
amended
to
read
as
follows:
32
37
-
133.
INSPECTION
OF
ESTABLISHMENTS
-
-
EXAMINATION
OF
SPECIMENS
-
-
33
REPORTS
-
-
RECEIPT
FOR
SAMPLES.
(a)
The
director
or
his
duly
authorized
agent
34
shall
have
free
access
at
all
reasonable
hours
to
any
factory,
warehouse,
or
35
food
establishment
,
as
that
term
is
defined
in
section
39
-
1602,
Idaho
Code,
36
in
which
foods,
drugs,
devices,
or
cosmetics
are
manufactured,
processed,
37
packed,
or
held
for
introduction
into
commerce,
or
to
enter
any
vehicle
being
38
used
to
transport
or
hold
such
foods,
drugs,
devices,
or
cosmetics
in
com
-
39
merce,
for
the
purpose
purposes
of
:
40
(1)
of
inspecting
Inspecting
such
factory,
warehouse,
food
establish
-
41
ment,
or
vehicle
to
determine
if
any
of
the
provisions
of
this
act
are
42
being
violated
,
;
and
43
(2)
to
secure
Securing
samples
or
specimens
of
any
food,
drug,
device,
44
or
cosmetic
after
paying
or
offering
to
pay
for
such
sample.
45
(b)
It
shall
be
the
duty
of
the
director
to
make
or
cause
to
be
made
ex
-
46
aminations
of
samples
secured
under
the
provisions
of
this
section
to
deter
-
47
mine
whether
or
not
any
provision
of
this
act
is
being
violated.
48
11
(a)
(c)
Upon
the
completion
of
any
inspection
of
a
factory,
warehouse,
1
or
other
establishment
and
prior
to
leaving
the
premises,
the
director
or
his
2
duly
authorized
agent
making
the
inspection
shall
give
to
the
owner,
opera
-
3
tor,
or
agent
in
charge,
a
report
in
writing
setting
forth
any
condition
or
4
practice
observed
by
him
which
in
his
judgment
indicates
that
any
food,
drug,
5
device,
or
cosmetic
in
the
establishment
(1)
consists
of,
in
whole
or
in
part
6
of
,
any
filthy,
putrid,
or
decomposed
substances
;
,
or
(2)
has
been
prepared,
7
packed,
or
held
in
unsanitary
condition
whereby
it
may
have
become
contami
-
8
nated
with
filth
or
whereby
it
may
be
rendered
injurious
to
health.
9
(b)
(d)
If
the
director
or
his
duly
authorized
agent
making
any
such
in
-
10
spection
of
any
warehouse,
factory,
or
other
establishment
has
obtained
any
1
1
samples
in
the
process
of
the
inspection,
upon
completion
of
the
inspection
12
and
prior
to
his
leaving
the
premises,
he
shall
give
to
the
owner,
operator,
13
or
agent
in
charge,
a
receipt
describing
the
samples
obtained.
14
(c)
(e)
Whenever
in
the
course
of
any
such
inspection
of
the
factory,
15
or
other
establishment
where
food
is
manufactured,
processed,
or
packed,
the
16
director
or
his
duly
authorized
agent
making
the
inspection
obtains
a
sample
17
of
any
such
food
and
if
analysis
is
made
of
such
sample
for
the
purpose
of
de
-
18
termining
whether
such
food
consists
of,
in
whole
or
in
part
of
,
any
filthy,
19
putrid
,
or
decomposed
substance,
or
is
otherwise
unfit
for
food,
a
copy
of
20
the
results
of
such
analysis
shall
be
sent
promptly
to
the
owner,
operator,
21
or
agent
in
charge.
22
SECTION
7.
That
Section
37
-
1520,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
37
-
1520.
DEFINITIONS.
When
used
in
this
act
As
used
in
this
chapter
:
25
(a)
The
term
"candling"
shall
refer
to
"Candling"
means
the
act
or
func
-
26
tion
of
determining
the
grade
of
eggs;
and
the
term
"candler"
shall
refer
to
27
the
person
performing
that
act
or
function.
28
(b)
The
term
"carton"
shall
mean
"Carton"
means
a
container
containing
29
one
(1)
dozen
eggs.
30
(c)
The
term
"director"
shall
refer
to
the
director
of
the
department
of
31
agriculture.
32
(d)
(c)
The
term
"consumer"
shall
mean
"Consumer"
means
a
person
who
33
purchases
eggs
or
egg
products
for
use
as
food
and
not
for
resale
in
any
form.
34
(e)
(d)
The
term
"container"
shall
mean
"Container"
means
any
carton,
35
case,
box,
basket,
sack,
bag
,
or
other
receptacle.
36
(f)
(e)
The
term
"dealer"
"Dealer"
or
"egg
handler"
shall
mean
means
any
37
person
who
acquires
eggs
or
egg
products
from
a
producer
or
distributor
for
38
resale
to
consumers.
39
(f)
"Director"
means
the
director
of
the
department
of
agriculture.
40
(g)
The
term
"distributor"
shall
refer
to
"Distributor"
means
any
per
-
41
son
having
possession
or
control
of
eggs
or
egg
products
for
the
purpose
of
42
candling,
grading,
packing,
selling,
peddling,
distributing,
dealing
in
,
or
43
trading
in
eggs
or
egg
products
for
resale
to
a
dealer
in
the
state
of
Idaho,
44
but
shall
not
refer
to
a
producer
when
engaging
in
the
sale
of
eggs
or
egg
45
products
to
a
distributor
or
when
engaging
in
the
sale
of
eggs
directly
to
a
46
consumer
at
the
place
of
production.
Distributor
shall
not
include
those
op
-
47
erating
pursuant
to
chapter
2,
title
37,
Idaho
Code.
48
12
(h)
The
term
"grade"
"Grade,"
when
used
as
a
verb
shall
mean
to
classify
1
eggs
as
to
quality
and
size,
and
when
used
as
a
noun
shall
mean
the
classifi
-
2
cation
as
to
quality
and
size
so
established.
3
(i)
"Intrastate
commerce"
means
eggs
or
egg
products
are
intended
for
4
sale,
held
for
sale,
offered
for
sale,
sold,
stored,
transported,
or
handled
5
in
this
state
in
any
manner
and
prepared
for
eventual
distribution
in
this
6
state
whether
at
wholesale
or
retail.
7
(i)
(j)
The
term
"person"
shall
include
"Person"
means
an
individual,
8
partnership,
corporation,
firm,
association
and
,
or
agent
thereof
.
9
(j)
(k)
The
term
"producer"
shall
mean
"Producer"
means
a
person
en
-
10
gaged
in
the
business
of
operating
or
controlling
the
operation
of
one
(1)
or
1
1
more
farms,
ranches
,
or
establishments
on
which
eggs
or
egg
products
are
pro
-
12
duced
in
the
state
of
Idaho.
13
(k)
(l)
The
term
"sale"
or
"sell"
or
"selling"
or
"sold"
shall
include
14
"Sale,"
"sell,"
"selling,"
or
"sold"
means
and
includes
sale,
offer
of
sale,
15
display
for
sale,
have
in
possession
for
sale,
exchange,
barter,
trade
,
or
16
other
dealing.
17
(l)
"Intrastate
commerce"
means
any
eggs
or
egg
products
in
intrastate
18
commerce
whether
such
eggs
or
egg
products
are
intended
for
sale,
held
for
19
sale,
offered
for
sale,
sold,
stored,
transported
or
handled
in
this
state
20
in
any
manner
and
prepared
for
eventual
distribution
in
this
state
whether
at
21
wholesale
or
retail.
22
SECTION
8.
That
Section
37
-
1523A,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
37
-
1523A.
ASSESSMENTS
-
-
EXEMPTIONS
TO
ASSESSMENTS
-
-
PREPAYMENT
-
-
25
AUDIT.
(1)
There
is
hereby
levied
an
assessment
not
to
exceed
four
(4)
mills
26
per
dozen
eggs
(4/10
of
a
cent
per
dozen
eggs)
entering
intrastate
commerce
27
as
prescribed
by
rules
and
regulations
issued
by
the
director.
Such
assess
-
28
ment
shall
be
applicable
to
all
eggs
entering
intrastate
commerce
in
retail
29
cartons.
Such
assessment
shall
be
paid
to
the
department
of
agriculture
on
30
a
monthly
basis
on
or
before
the
25th
day
following
the
month
such
eggs
en
-
31
ter
intrastate
commerce.
The
director
may
require
reports
by
egg
handlers,
32
dealers,
or
distributors
along
with
the
payment
of
the
assessment
fee.
Such
33
reports
may
include
any
and
all
pertinent
information
necessary
to
carry
out
34
the
purpose
of
this
act.
The
director
,
may
,
by
regulations,
require
egg
con
-
35
tainer
manufacturers
to
report
on
a
monthly
basis
on
agriculture
containers
36
sold
to
any
egg
handler,
dealer
,
or
distributor.
37
(2)
The
assessment
provided
in
this
section
shall
not
apply
to:
38
(a)
Sale
and
shipment
to
points
outside
of
this
state;
39
(b)
Sale
to
the
United
States
government
and
its
instrumentalities;
40
(c)
Sale
to
breaking
plants
for
processing
into
egg
products;
41
(d)
Sale
to
consumers
at
the
place
of
production
or
processing;
42
(e)
Sale
between
egg
distributors;
43
(f)
Idaho
shell
egg
producers
having
three
hundred
(300)
or
less
hens
44
may
sell
ungraded
shell
eggs
produced
upon
on
their
premises
to
retail
-
45
ers,
provided
that
each
carton
or
other
container
of
ungraded
shell
eggs
46
sold
shall
be
clearly
marked
"ungraded"
and
shall
bear
the
name
and
ad
-
47
dress
of
the
Idaho
producer
.
;
and
48
(g)
Those
operating
pursuant
to
chapter
2,
title
37,
Idaho
Code.
49
13
(3)
Any
egg
handler,
dealer
,
or
distributor
may
prepay
the
assessment
1
provided
for
in
subsection
(1)
of
this
section
by
purchasing
Idaho
state
2
egg
seals
from
the
director
to
be
placed
on
egg
containers
showing
that
the
3
proper
assessment
has
been
paid.
Any
carton
manufacturer
may
apply
to
the
4
director
for
a
permit
to
place
reasonable
facsimiles
of
the
Idaho
state
egg
5
seals
to
be
imprinted
on
egg
containers.
The
director
shall
from
time
to
time
6
prescribe
rules
and
regulations
governing
the
affixing
of
seals
and
he
is
au
-
7
thorized
to
cancel
any
such
permit
issued
pursuant
to
this
chapter
whenever
8
he
finds
that
a
violation
of
the
terms
of
which
the
permit
has
been
granted
9
has
been
violated.
10
(4)
Every
egg
handler,
dealer
,
or
distributor
who
pays
assessments
re
-
1
1
quired
under
pursuant
to
the
provisions
of
this
section
on
a
monthly
basis
in
12
lieu
of
seals
shall
be
subject
to
audit
by
the
director
on
an
annual
basis
or
13
more
frequently
if
necessary.
Failure
to
pay
assessments
when
due
or
refusal
14
to
allow
an
audit
may
be
cause
for
a
suspension
or
revocation
of
an
egg
han
-
15
dler
's
,
dealer
's,
or
distributor's
license.
The
conditions
and
assessments
16
applicable
to
egg
handlers,
dealers
,
and
distributors
set
forth
in
section
17
37
-
1523,
Idaho
Code,
shall
also
be
applicable
to
payments
to
the
director
for
18
facsimiles
of
seals
placed
on
egg
containers.
19
SECTION
9.
That
Section
39
-
1602,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
39
-
1602.
DEFINITIONS.
As
used
in
this
chapter:
22
(1)
"Commissary"
means
a
place
where
food,
containers
,
or
supplies
are
23
stored,
prepared
,
or
packaged
for
transit,
sale
,
or
service
at
other
loca
-
24
tions.
25
(2)
"Food
establishment"
means
those
operations
in
the
food
business
,
26
such
as
,
but
not
limited
to
,
food
processing
establishments,
canning
fac
-
27
tories,
salvage
processing
facilities,
food
service
establishments,
cold
28
storage
plants,
commissaries,
warehouses,
food
vending
machine
operations
29
and
location,
caterers,
mobile
food
units
,
and
retail
food
stores.
Such
30
operations
include
all
activities
under
the
control
of
the
license
holder
,
31
including
preparation,
processing,
storage,
service,
transportation
vehi
-
32
cles,
satellite
locations,
divisions
and
departments,
and
remote
feeding
33
sites.
The
term
includes
operations
which
that
are
conducted
in
perma
-
34
nent,
temporary
,
or
mobile
facilities
or
locations.
It
includes
any
food
35
operation
regardless
of
whether
consumption
is
on
or
off
the
premises
and
re
-
36
gardless
of
whether
there
is
a
charge
for
the
food.
Individual
divisions
and
37
departments
on
one
(1)
premises
and
under
common
ownership
shall
,
as
a
whole
,
38
be
considered
a
single
food
establishment.
The
term
"food
establishment"
39
does
not
include:
40
(a)
Private
homes
where
food
is
prepared
or
served
for
individual
fam
-
41
ily
consumption;
42
(b)
Fraternal,
benevolent
,
or
nonprofit
charitable
organizations
43
which
that
do
not
prepare
or
serve
food
on
a
regular
basis.
Food
shall
44
not
be
considered
to
be
served
on
a
regular
basis
if
the
food
is
served
45
for
a
period
not
to
exceed
five
(5)
consecutive
days
on
no
more
than
46
three
(3)
occasions
per
year
for
foods
which
that
are
not
potentially
47
hazardous,
or
if
the
food
is
served
no
more
than
one
(1)
meal
a
week
for
48
all
other
foods;
49
14
(c)
Bed
and
breakfast
establishments
with
ten
(10)
or
fewer
beds;
1
(d)
Establishments
which
that
offer
only
factory
-
sealed
foods
that
are
2
not
potentially
hazardous;
3
(e)
Any
nonretail
activity
subject
to
regulation
pursuant
to
the
United
4
States
food
and
drug
administration
food
safety
modernization
act,
5
provided
that
such
nonretail
activity
is
subject
to
registration
under
6
pursuant
to
section
415
of
the
federal
food,
drug
and
cosmetic
act.
Such
7
activities
shall
be
subject
to
regulation
by
the
Idaho
state
depart
-
8
ment
of
agriculture
pursuant
to
the
provisions
of
section
22
-
113,
Idaho
9
Code,
in
the
event
the
state
enacts
legislation
providing
that
it
should
10
seek
federal
authorization
of
such
regulation;
1
1
(f)
Agricultural
markets;
and
12
(g)
Agricultural
equipment
used
for
the
extraction
or
harvest
of
an
13
agricultural
product
,
including
,
but
not
limited
to
,
mint
stills
.
;
and
14
(h)
Those
operating
pursuant
to
chapter
2,
title
37,
Idaho
Code.
15
(3)
"Intermittent
food
establishment"
means
a
food
vendor
that
oper
-
16
ates
for
a
period
of
time,
not
to
exceed
three
(3)
six
(6)
consecutive
days
17
per
week,
at
a
single,
specified
location
in
conjunction
with
a
recurring
18
event
and
that
offers
potentially
hazardous
food
to
the
general
public
.
Ex
-
19
amples
of
a
recurring
event
may
be
a
farmers
'
or
community
market
or
a
hol
-
20
iday
market.
"
Intermittent
food
establishment
"
does
not
include
the
vendor
21
of
farm
-
fresh
ungraded
eggs
at
a
recurring
event.
22
(4)
"Mobile
food
establishment"
means
a
food
establishment
selling
23
or
serving
food
for
human
consumption
from
any
vehicle
or
other
temporary
24
or
itinerant
station
and
includes
any
movable
food
service
establishment,
25
truck,
van,
trailer,
pushcart,
bicycle,
watercraft
,
or
other
movable
food
26
service
with
or
without
wheels,
including
hand
-
carried,
portable
contain
-
27
ers
in
or
on
which
food
or
beverage
is
transported,
stored
,
or
prepared
for
28
retail
sale
or
given
away
at
temporary
locations.
29
(5)
"Potentially
hazardous
food"
means
any
food
or
ingredient,
natu
-
30
ral
or
synthetic,
in
a
form
capable
of
supporting
the
rapid
and
progressive
31
growth
of
infectious
or
toxigenic
microorganisms
or
the
slower
growth
of
32
clostridium
botulinum.
Included
is
any
food
of
animal
origin,
either
raw
or
33
heat
-
treated
,
and
any
food
of
plant
origin
which
that
has
been
heat
-
treated
34
or
which
that
is
raw
seed
sprouts
;
,
cut
melons
;
,
and
garlic
and
oil
mixtures.
35
The
term
"potentially
hazardous
food"
does
not
include:
36
(a)
Air
-
dried
hard
-
boiled
eggs
with
shells
intact;
37
(b)
Foods
with
a
water
activity
(aw)
value
of
eighty
-
five
hundredths
38
(0.85)
or
less;
39
(c)
Foods
with
a
pH
(hydrogen
ion
concentration)
level
of
four
and
40
six
-
tenths
(4.6)
or
below
when
measured
at
seventy
-
five
(75)
degrees
41
Fahrenheit;
42
(d)
Foods
in
unopened
hermetically
-
sealed
hermetically
sealed
con
-
43
tainers
which
that
have
been
commercially
processed
to
achieve
and
44
maintain
commercial
sterility
under
conditions
of
nonrefrigerated
45
storage
and
distribution;
46
(e)
Foods
for
which
laboratory
evidence,
acceptable
to
the
regulatory
47
authority,
demonstrates
that
rapid
and
progressive
growth
of
infec
-
48
tious
and
toxigenic
microorganisms
or
the
slower
growth
of
clostridium
49
botulinum
cannot
occur;
50
15
(f)
Milk,
half
-
and
-
half
cream,
butter
products,
frozen
dairy
desserts
,
1
and
other
fluid
milk
products,
in
the
original
unopened
container;
and
2
(g)
Any
other
food
items
determined
by
the
department
of
health
and
wel
-
3
fare
not
to
be
potentially
hazardous.
4
(6)
"Regulatory
authority"
means
the
director
of
the
Idaho
department
5
of
health
and
welfare
or
the
director's
designee.
6
(7)
"Temporary
food
establishment"
means
a
food
establishment
that
op
-
7
erates
for
a
period
of
not
more
than
fourteen
(14)
consecutive
days
in
con
-
8
junction
with
a
single
event
or
celebration.
9
SECTION
10.
That
Section
74
-
107,
Idaho
Code,
be,
and
the
same
is
hereby
10
amended
to
read
as
follows:
1
1
74
-
107.
RECORDS
EXEMPT
FROM
DISCLOSURE
-
-
TRADE
SECRETS,
PRODUCTION
12
RECORDS,
APPRAISALS,
BIDS,
PROPRIETARY
INFORMATION,
TAX
COMMISSION,
UN
-
13
CLAIMED
PROPERTY,
PETROLEUM
CLEAN
WATER
TRUST
FUND.
The
following
records
14
are
exempt
from
disclosure:
15
(1)
Trade
secrets
,
including
those
contained
in
response
to
public
16
agency
requests
for
proposal,
requests
for
clarification,
requests
for
in
-
17
formation
,
and
similar
requests.
"Trade
secrets
,
"
as
used
in
this
section
,
18
means
information,
including
a
formula,
pattern,
compilation,
program,
19
computer
program,
device,
method,
technique,
process,
or
unpublished
or
20
in
-
progress
research
that:
21
(a)
Derives
independent
economic
value,
actual
or
potential,
from
not
22
being
generally
known
to,
and
not
being
readily
ascertainable
by
proper
23
means
by
other
persons
who
can
obtain
economic
value
from
its
disclosure
24
or
use;
and
25
(b)
Is
the
subject
of
efforts
that
are
reasonable
under
the
circum
-
26
stances
to
maintain
its
secrecy.
27
(2)
Production
records,
housing
production,
rental
and
financing
28
records,
sale
or
purchase
records,
catch
records,
mortgage
portfolio
loan
29
documents,
or
similar
business
records
of
a
private
concern
or
enterprise
30
required
by
law
to
be
submitted
to
or
inspected
by
a
public
agency
or
sub
-
31
mitted
to
or
otherwise
obtained
by
an
independent
public
body
corporate
and
32
politic.
Nothing
in
this
subsection
shall
limit
the
use
which
that
can
be
33
made
of
such
information
for
regulatory
purposes
or
its
admissibility
in
any
34
enforcement
proceeding.
35
(3)
Records
relating
to
the
appraisal
of
real
property,
timber
,
or
min
-
36
eral
rights
prior
to
its
acquisition,
sale
,
or
lease
by
a
public
agency.
37
(4)
Any
estimate
prepared
by
a
public
agency
that
details
the
cost
of
a
38
public
project
until
such
time
as
disclosed
or
bids
are
opened,
or
upon
award
39
of
the
contract
for
construction
of
the
public
project.
40
(5)
Examination,
operating
,
or
condition
reports
and
all
documents
re
-
41
lating
thereto,
prepared
by
or
supplied
to
any
public
agency
responsible
for
42
the
regulation
or
supervision
of
financial
institutions
,
including
,
but
not
43
limited
to
,
banks,
savings
and
loan
associations,
regulated
lenders,
busi
-
44
ness
and
industrial
development
corporations,
credit
unions,
and
insurance
45
companies,
or
for
the
regulation
or
supervision
of
the
issuance
of
securi
-
46
ties.
47
(6)
Records
gathered
by
a
local
agency
or
the
Idaho
department
of
com
-
48
merce,
as
described
in
chapter
47,
title
67,
Idaho
Code,
for
the
specific
49
16
purpose
of
assisting
a
person
to
locate,
maintain,
invest
in,
or
expand
busi
-
1
ness
operations
in
the
state
of
Idaho.
2
(7)
Shipping
and
marketing
records
of
commodity
commissions
used
to
3
evaluate
marketing
and
advertising
strategies
and
the
names
and
addresses
of
4
growers
and
shippers
maintained
by
commodity
commissions.
5
(8)
Financial
statements
and
business
information
and
reports
submit
-
6
ted
by
a
legal
entity
to
a
port
district
organized
under
pursuant
to
title
70,
7
Idaho
Code,
in
connection
with
a
business
agreement,
or
with
a
development
8
proposal
or
with
a
financing
application
for
any
industrial,
manufacturing,
9
or
other
business
activity
within
a
port
district.
10
(9)
Names
and
addresses
of
seed
companies,
seed
crop
growers,
seed
crop
1
1
consignees,
locations
of
seed
crop
fields,
variety
name
,
and
acreage
by
va
-
12
riety.
Upon
the
request
of
the
owner
of
the
proprietary
variety,
this
infor
-
13
mation
shall
be
released
to
the
owner.
Provided
however,
that
if
a
seed
crop
14
has
been
identified
as
diseased
or
has
been
otherwise
identified
by
the
Idaho
15
department
of
agriculture,
other
state
departments
of
agriculture,
or
the
16
United
States
department
of
agriculture
to
represent
a
threat
to
that
par
-
17
ticular
seed
or
commercial
crop
industry
or
to
individual
growers,
informa
-
18
tion
as
to
test
results,
location,
acreage
involved
,
and
disease
symptoms
19
of
that
particular
seed
crop,
for
that
growing
season,
shall
be
available
20
for
public
inspection
and
copying.
This
exemption
shall
not
supersede
the
21
provisions
of
section
22
-
436,
Idaho
Code,
nor
shall
this
exemption
apply
to
22
information
regarding
specific
property
locations
subject
to
an
open
burn
-
23
ing
of
crop
residue
pursuant
to
section
39
-
114,
Idaho
Code,
names
of
persons
24
responsible
for
the
open
burn,
acreage
and
crop
type
to
be
burned,
and
time
25
frames
for
burning.
26
(10)
Information
obtained
from
books,
records
,
and
accounts
required
in
27
chapter
47,
title
22,
Idaho
Code,
to
be
maintained
by
the
Idaho
oilseed
com
-
28
mission
and
pertaining
to
the
individual
production
records
of
oilseed
grow
-
29
ers.
30
(11)
Records
of
any
risk
retention
or
self
-
insurance
program
prepared
31
in
anticipation
of
litigation
or
for
analysis
of
or
settlement
of
potential
32
or
actual
money
damage
claims
against
a
public
entity
and
its
employees
or
33
against
the
industrial
special
indemnity
fund
except
as
otherwise
discov
-
34
erable
under
the
Idaho
or
federal
rules
of
civil
procedure.
These
records
35
shall
include
,
but
are
not
limited
to
,
claims
evaluations,
investigatory
36
records,
computerized
reports
of
losses,
case
reserves,
internal
documents
,
37
and
correspondence
relating
thereto.
At
the
time
any
claim
is
concluded,
38
only
statistical
data
and
actual
amounts
paid
in
settlement
shall
be
deemed
39
a
public
record
unless
otherwise
ordered
to
be
sealed
by
a
court
of
competent
40
jurisdiction.
Provided
however,
nothing
in
this
subsection
is
intended
to
41
limit
the
attorney
-
client
privilege
or
attorney
work
product
privilege
oth
-
42
erwise
available
to
any
public
agency.
43
(12)
Records
of
laboratory
test
results
provided
by
or
retained
by
the
44
Idaho
food
quality
assurance
laboratory.
Nothing
in
this
subsection
shall
45
limit
the
use
which
that
can
be
made,
or
availability
of
such
information
if
46
used,
for
regulatory
purposes
or
its
admissibility
in
any
enforcement
pro
-
47
ceeding.
48
17
(13)
Reports
required
to
be
filed
under
pursuant
to
chapter
13,
title
1
62,
Idaho
Code,
identifying
electrical
or
natural
or
manufactured
gas
con
-
2
sumption
data
for
an
individual
customer
or
account.
3
(14)
Voluntarily
prepared
environmental
audits,
and
voluntary
disclo
-
4
sures
of
information
submitted
on
or
before
December
31,
1997,
to
an
environ
-
5
mental
agency,
which
are
claimed
to
be
confidential
business
information.
6
(15)
Computer
programs
developed
or
purchased
by
or
for
any
public
7
agency
for
its
own
use.
As
used
in
this
subsection,
"computer
program"
means
8
a
series
of
instructions
or
statements
which
that
permit
the
functioning
of
9
a
computer
system
in
a
manner
designed
to
provide
storage,
retrieval
,
and
10
manipulation
of
data
from
the
computer
system,
and
any
associated
documenta
-
1
1
tion
and
source
material
that
explain
how
to
operate
the
computer
program.
12
Computer
program
does
not
include:
13
(a)
The
original
data
,
including
,
but
not
limited
to
,
numbers,
text,
14
voice,
graphics
,
and
images;
15
(b)
Analysis,
compilation
,
and
other
manipulated
forms
of
the
original
16
data
produced
by
use
of
the
program;
or
17
(c)
The
mathematical
or
statistical
formulas
that
would
be
used
if
the
18
manipulated
forms
of
the
original
data
were
to
be
produced
manually.
19
(16)
Active
investigative
records
and
trademark
usage
audits
of
the
20
Idaho
potato
commission
specifically
relating
to
the
enforcement
of
chapter
21
12,
title
22,
Idaho
Code,
until
the
commencement
of
formal
proceedings
as
22
provided
by
rules
of
the
commission
;
,
purchase
and
sales
information
submit
-
23
ted
to
the
Idaho
potato
commission
during
a
trademark
usage
audit,
and
inves
-
24
tigation
or
enforcement
proceedings.
Inactive
investigatory
records
shall
25
be
disclosed
unless
the
disclosure
would
violate
the
standards
set
forth
in
26
subsection
(1)(a)
through
(f)
of
section
74
-
124,
Idaho
Code.
Nothing
in
this
27
subsection
shall
limit
the
use
which
that
can
be
made,
or
availability
of
28
such
information
if
used,
for
regulatory
purposes
or
its
admissibility
in
29
any
enforcement
proceeding.
30
(17)
All
records
copied
or
obtained
by
the
director
of
the
department
of
31
agriculture
or
his
designee
as
a
result
of
an
inspection
pursuant
to
section
32
25
-
3806,
Idaho
Code,
except:
33
(a)
Records
otherwise
deemed
to
be
public
records
not
exempt
from
dis
-
34
closure
pursuant
to
this
chapter;
and
35
(b)
Inspection
reports,
determinations
of
compliance
or
noncompli
-
36
ance
,
and
all
other
records
created
by
the
director
or
his
designee
37
pursuant
to
section
25
-
3806,
Idaho
Code.
38
(18)
All
data
and
information
collected
by
the
division
of
animal
indus
-
39
tries
or
the
state
brand
board
pursuant
to
the
provisions
of
section
25
-
207B,
40
Idaho
Code,
or
rules
promulgated
thereunder.
41
(19)
Records
disclosed
to
a
county
official
by
the
state
tax
commission
42
pursuant
to
subsection
(4)(c)
of
section
63
-
3029B,
Idaho
Code.
43
(20)
Records,
data,
information
and
materials
collected,
developed,
44
generated,
ascertained
,
or
discovered
during
the
course
of
academic
re
-
45
search
at
public
institutions
of
higher
education
if
the
disclosure
of
such
46
could
reasonably
affect
the
conduct
or
outcome
of
the
research,
or
the
abil
-
47
ity
of
the
public
institution
of
higher
education
to
patent
or
copyright
the
48
research
or
protect
intellectual
property.
49
18
(21)
Records,
data,
information
,
and
materials
collected
or
utilized
1
during
the
course
of
academic
research
at
public
institutions
of
higher
edu
-
2
cation
provided
by
any
person
or
entity
other
than
the
public
institution
of
3
higher
education
or
a
public
agency.
4
(22)
The
exemptions
from
disclosure
provided
in
subsections
(20)
and
5
(21)
of
this
section
shall
apply
only
until
the
academic
research
is
pub
-
6
licly
released,
copyrighted
,
or
patented,
or
until
the
academic
research
7
is
completed
or
terminated.
At
such
time,
the
records,
data,
information,
8
and
materials
shall
be
subject
to
public
disclosure
,
unless:
(a)
another
9
exemption
in
this
chapter
applies;
(b)
such
information
was
provided
to
the
10
institution
subject
to
a
written
agreement
of
confidentiality;
or
(c)
public
1
1
disclosure
would
pose
a
danger
to
persons
or
property.
12
(23)
The
exemptions
from
disclosure
provided
in
subsections
(20)
and
13
(21)
of
this
section
do
not
include
basic
information
about
a
particular
14
research
project
that
is
otherwise
subject
to
public
disclosure,
such
as
the
15
nature
of
the
academic
research,
the
name
of
the
researcher,
and
the
amount
16
and
source
of
the
funding
provided
for
the
project.
17
(24)
Records
of
a
county
assessor,
the
state
tax
commission,
a
county
18
board
of
equalization
,
or
the
state
board
of
tax
appeals
containing
the
fol
-
19
lowing
information:
(i)
lists
of
personal
property
required
to
be
filed
pur
-
20
suant
to
section
63
-
302,
Idaho
Code,
and
operating
statements
required
to
21
be
filed
pursuant
to
section
63
-
404,
Idaho
Code;
and
(ii)
confidential
com
-
22
mercial
or
financial
information
,
including
trade
secrets.
Except
with
re
-
23
spect
to
lists
of
personal
property
required
to
be
filed
pursuant
to
section
24
63
-
302,
Idaho
Code,
and
the
operator
statements
required
to
be
filed
pur
-
25
suant
to
section
63
-
404,
Idaho
Code,
it
shall
be
the
responsibility
of
the
26
taxpayer
to
give
notice
of
its
claim
to
exemption
by
stamping
or
marking
each
27
page
or
the
first
page
of
each
portion
of
documents
so
claimed.
No
records
28
that
are
exempt
pursuant
to
this
subsection
shall
be
disclosed
without
the
29
consent
of
the
taxpayer
except
as
follows:
30
(a)
To
any
officer,
employee
,
or
authorized
representative
of
the
state
31
or
the
United
States,
under
a
continuing
claim
of
confidentiality,
as
32
necessary
to
carry
out
the
provisions
of
state
or
federal
law
or
when
33
relevant
to
any
proceeding
thereunder.
34
(b)
In
the
publication
of
statistics
or
reports
as
long
as
the
statis
-
35
tics
or
reports
do
not
reasonably
lead
to
the
identification
of
the
spe
-
36
cific
taxpayer
or
information
submitted
by
taxpayers
exempt
pursuant
to
37
this
subsection.
38
(c)
To
the
board
of
tax
appeals
or
the
district
court
as
evidence
or
39
otherwise
in
connection
with
an
appeal
of
the
taxpayer's
property
tax
40
assessment,
but
only
if
the
board
or
the
court,
as
applicable,
has
en
-
41
tered
a
protective
order
specifying
that
the
taxpayer
information
may
42
not
be
disclosed
by
any
person
conducting
or
participating
in
the
action
43
or
proceeding,
except
as
authorized
by
the
board
or
the
court
in
accor
-
44
dance
with
applicable
law.
45
(d)
Nothing
in
this
subsection
shall
prevent
disclosure
of
the
follow
-
46
ing
information:
47
(i)
Name
and
mailing
address
of
the
property
owner;
48
(ii)
A
parcel
number;
49
(iii)
A
legal
description
of
real
property;
50
19
(iv)
The
square
footage
and
acreage
of
real
property;
1
(v)
The
assessed
value
of
taxable
property;
2
(vi)
The
tax
district
and
the
tax
rate;
and
3
(vii)
The
total
property
tax
assessed.
4
(25)
Results
of
laboratory
tests
which
that
have
no
known
adverse
im
-
5
pacts
to
human
health
conducted
by
the
Idaho
state
department
of
agricul
-
6
ture
animal
health
laboratory,
related
to
diagnosis
of
animal
diseases
of
7
individual
animals
or
herds,
on
samples
submitted
by
veterinarians
or
animal
8
owners
unless:
9
(a)
The
laboratory
test
results
indicate
the
presence
of
a
state
or
fed
-
10
erally
reportable
or
regulated
disease
in
animals;
1
1
(b)
The
release
of
the
test
results
is
required
by
state
or
federal
law;
12
or
13
(c)
The
test
result
is
identified
as
representing
a
threat
to
animal
or
14
human
health
or
to
the
livestock
industry
by
the
Idaho
state
department
15
of
agriculture
or
the
United
States
department
of
agriculture.
Nothing
16
in
this
subsection
shall
limit
the
use
which
that
can
be
made,
or
avail
-
17
ability
of
such
information
if
used,
for
regulatory
purposes
or
its
ad
-
18
missibility
in
any
enforcement
proceeding,
or
the
duty
of
any
person
to
19
report
contagious
or
infectious
diseases
as
required
by
state
or
fed
-
20
eral
law.
21
(26)
Results
of
laboratory
tests
conducted
by
the
Idaho
state
depart
-
22
ment
of
agriculture
seed
laboratory
on
samples
submitted
by
seed
producers
23
or
seed
companies.
Nothing
in
this
subsection
shall
limit
the
use
which
that
24
can
be
made,
or
availability
of
such
information
pursuant
to
the
provisions
25
of
subsections
(9)
and
(10)
of
section
22
-
418,
Idaho
Code.
26
(27)
For
policies
that
are
owned
by
private
persons,
and
not
by
a
pub
-
27
lic
agency
of
the
state
of
Idaho,
records
of
policies,
endorsements,
affi
-
28
davits
,
and
any
records
that
discuss
policies,
endorsements
,
and
affidavits
29
that
may
be
required
to
be
filed
with
or
by
a
surplus
line
association
pur
-
30
suant
to
chapter
12,
title
41,
Idaho
Code.
31
(28)
Individual
financial
statements
of
a
postsecondary
educational
32
institution
or
a
proprietary
school
submitted
to
the
state
board
of
educa
-
33
tion,
its
director
,
or
a
representative
thereof,
for
the
purpose
of
reg
-
34
istering
the
postsecondary
educational
institution
or
proprietary
school
35
pursuant
to
section
33
-
2402
or
33
-
2403,
Idaho
Code,
or
provided
pursuant
to
36
an
administrative
rule
of
the
board
adopted
pursuant
to
such
sections.
37
(29)
Information
submitted
by
insurance
companies
pursuant
to
section
38
41
-
612(17),
Idaho
Code.
39
(30)
Documents,
materials
,
or
other
information
submitted
to
the
direc
-
40
tor
of
the
department
of
insurance
as
provided
in
chapter
64,
title
41,
Idaho
41
Code.
42
(31)
Reports,
information
,
and
other
materials
exempted
by
chapter
63,
43
title
41,
Idaho
Code.
44
(32)
Records
that
identify
the
method
by
which
the
Idaho
state
tax
com
-
45
mission
selects
tax
returns
for
audit
review.
46
(33)
Records
that
identify
the
method
by
which
the
administrator
of
the
47
unclaimed
property
law
set
forth
in
chapter
5,
title
14,
Idaho
Code,
selects
48
reports
for
audit
review
or
conducts
audit
review
of
such
reports
and
the
49
identity
of
individuals
or
entities
under
audit.
50
20
(34)
Underwriting
and
claims
records
of
the
Idaho
petroleum
clean
wa
-
1
ter
trust
fund
obtained
pursuant
to
section
41
-
4905,
41
-
4909,
41
-
4911A,
2
41
-
4912,
or
41
-
4912A,
Idaho
Code.
Provided,
however,
that
this
subsection
3
shall
not
prevent
the
Idaho
petroleum
clean
water
trust
fund's
submittal
to
4
the
Idaho
department
of
environmental
quality
or
other
regulatory
agencies
5
of
information
necessary
to
satisfy
an
insured's
corrective
action
require
-
6
ment
under
applicable
federal
or
state
standards
in
the
event
of
a
release
7
into
the
environment
from
a
petroleum
storage
tank;
and
provided
further
8
that
nothing
in
this
subsection
shall
prevent
the
Idaho
petroleum
clean
wa
-
9
ter
trust
fund
from
providing
auditing,
reporting,
or
actuarial
information
10
as
otherwise
required
of
it
pursuant
to
section
41
-
4919,
41
-
4925A,
41
-
4928,
1
1
41
-
4930,
41
-
4932,
41
-
4937,
or
41
-
4938,
Idaho
Code.
12
(35)
Records
required
to
be
kept
pursuant
to
chapter
2,
title
37,
Idaho
13
Code.
14
SECTION
11.
An
emergency
existing
therefor,
which
emergency
is
hereby
15
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
16
passage
and
approval.
17