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H0551aaS............................................by AGRICULTURAL AFFAIRS
AGRICULTURAL PRODUCTS - Amends existing law to require that bread shall be
sold by weight unless specifically exempted by rules promulgated by the
director of the Department of Agriculture; to require that butter,
oleomargarine, margarine, butter-like and margarine-like spreads shall be
sold by weight; to require that fluid dairy and milk products shall be sold
in units of fluid volume; and to require that flour, hominy grits and corn
meal shall be sold by weight.
01/29 House intro - 1st rdg - to printing
01/30 Rpt prt - to Agric Aff
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15), Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Pischner, Reynolds, Richman, Ridinger, Robison, Sali,
Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Watson, Wheeler, Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Black(23), Newcomb, Pomeroy, Trail,
Wood, Zimmermann
Floor Sponsor - Trail
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to Agric Aff
02/20 Rpt out - to 14th Ord
02/25 Rpt out amen - to 1st rdg as amen
02/26 1st rdg - to 2nd rdg as amen
02/27 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Noh
Title apvd - to House
03/11 House concurred in Senate amens - to engros
03/12 Rpt engros - 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 63-0-7
AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Mortensen, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali,
Schaefer, Stevenson, Stoicheff, Stone, Tilman, Tippets, Trail,
Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Alltus, Hansen, Miller, Newcomb, Pischner,
Stubbs, Taylor
Floor Sponsor - Trail
Title apvd - to enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 134
Effective: 07/01/98
H0551|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 551, As Amended in the Senate BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO WEIGHTS AND MEASURES; AMENDING SECTION 71-236, IDAHO CODE, TO 3 REQUIRE THAT BREAD SHALL BE SOLD BY WEIGHT UNLESS SPECIFICALLY EXEMPTED BY 4 RULES PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE; AMEND- 5 ING SECTION 71-237, IDAHO CODE, TO REQUIRE THAT BUTTER, OLEOMARGARINE, 6 MARGARINE, BUTTER-LIKE AND MARGARINE-LIKE SPREADS SHALL BE SOLD BY WEIGHT; 7 AMENDING SECTION 71-238, IDAHO CODE, TO REQUIRE THAT FLUID DAIRY AND MILK 8 PRODUCTS SHALL BE SOLD IN UNITS OF FLUID VOLUME AND TO MAKE TECHNICAL COR- 9 RECTIONS; AND AMENDING SECTION 71-239, IDAHO CODE, TO REQUIRE THAT FLOUR, 10 HOMINY GRITS AND CORN MEAL SHALL BE SOLD BY WEIGHT. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 71-236, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 71-236. SIZES OF LOAVES OF BREAD PERMITTED. Each loaf of breadand15each unit of a twin or multiple loaf of bread made or procured for sale,16kept, offered, or exposed for sale, or sold, whether or 17 not the bread iswrappedpackaged or sliced, shall 18weigh one-half (1/2) pound, one (1) pound, one and one-half (1 1/2)19pounds, or a multiple of one (1) pound, avoirdupois weight, within the reason-20able variations or tolerances that shall be promulgated by regulation by the21director: provided, that the provisions of this section shall not apply to22biscuits, buns, or rolls weighing four (4) ounces or less, or to "stale bread"23sold and expressly represented at the time of sale as such, and that the mark-24ing provisions and regulations of section 71-233 shall not apply to unwrapped25loaves of breadbe sold by weight unless specifically exempted by 26 rules promulgated by the director . 27 SECTION 2. That Section 71-237, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 71-237. BUTTER ,ANDOLEOMARGARINE , 30--UNITS OF WEIGHT PERMITTEDMARGARINE, BUTTER-LIKE AND 31 MARGARINE-LIKE SPREADS . Butter, oleomargarine,and32 margarine , butter-like and margarine-like spreads shall be 33 offered and exposed for sale and sold by weight, and only in units of34one-quarter (1/4) pound, one-half (1/2) pound, one (1) pound or multiples of35one (1) pound, avoirdupois weight; provided, that butter in random weight36packages shall be sold only on the premises where it is produced. 37 Butter-like and margarine-like spreads are those products that meet the fed- 38 eral standard of identity for butter or margarine and oleomargarine except 39 that they contain less than eighty percent (80%) fat and may contain other 40 safe and suitable ingredients. 2 1 SECTION 3. That Section 71-238, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 71-238. FLUID DAIRY AND MILK PRODUCTS-- UNITS OF MEA-4SURE PERMITTED. All fluid dairy and milk products,5including , but not limited to , whole milk, 6 skimmed milk, cultured milk, sweet cream, sour cream, and buttermilk, shall be 7packaged for retail sale only in units of one (1) gill, one-half (1/2)8liquid pint, ten (10) fluid ounces, one (1) liquid pint, one (1) liquid quart,9one-half (1/2) gallon, three-fourths (3/4) gallon, one (1) gallon, one and10one-half (1 1/2) gallons, two (2) gallons, two and one-half (2 1/2) gallons,11or multiples of one (1) gallon: provided, that packages in units of less than12one (1) gill shall be permittedsold in units of fluid volume 13 . 14 SECTION 4. That Section 71-239, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 71-239. FLOUR , HOMINY GRITS AND CORN MEAL17-- PERMITTED UNITS OF WEIGHT. When in package form and when packed, 18 kept, offered, or exposed for sale or sold, wheat flour, whole wheat flour, 19 graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, 20 enriched flour and enriched self-rising flour, enriched bromated flour, corn 21 flour, corn meal, and hominy grits , whether enriched or not, 22 shall bepackaged only in units of two (2), five (5), ten (10), twenty-23five (25), fifty (50) or one hundred (100) pounds, avoirdupois weight; pro-24vided, that packages in units of less than two (2) pounds or more than one25hundred (100) pounds shall be permittedsold by weight .
STATEMENT OF PURPOSE
RS07295
The following four sections of Idaho Code currently specify that items have to be sold by
certain weights or volume. These sections are archaic and are amended to reflect current
marketing trends.
.
-Amend Title 71, Chapter 2, Section 71-236, Idaho Code - Sizes of loaves of bread permitted.
Repeal the specific weight requirements for bread and allow any size loaf be sold.
-Amend Title 71, Chapter 2, Section 71-237, Idaho Code - Butter and oleomargarine Units of
weight permitted. Repeal the specific size requirements for butter and oleomargarine and
allow that any weight may be sold.
-Amend Title 71, Chapter 2, Section 71-238, Idaho Code - Fluid dairy products - Units of
weight permitted. Repeal the specific size requirements for milk and allow fluid milk to be sold
in any fluid volume size.
-Amend Title 71, Chapter 2, Section 71-239, Idaho Code - Flour and meal - Units of weight
permitted. Repeal the specific weight requirements for flour and meal and allow flour and
meal to be sold by any weight.
FISCAL IMPACT
None.
Contact: Lane
Jolliffe,
Administrator -
Dept of Ag -
332-8660
H551