1998 Legislation
Print Friendly

HOUSE BILL NO. 551, As Amended in the Senate – Agric products, certain, sold by wt

HOUSE BILL NO. 551, As Amended in the Senate

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


H0551


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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 bread  and
15    each unit of a twin or multiple loaf of  bread  made  or  procured  for  sale,
16      kept,  offered,   or  exposed for sale, or sold, whether or
17    not the bread is  wrapped   packaged  or  sliced,  shall
18      weigh  one-half  (1/2)  pound,  one (1) pound, one and one-half (1 1/2)
19    pounds, or a multiple of one (1) pound, avoirdupois weight, within the reason-
20    able variations or tolerances that shall be promulgated by regulation  by  the
21    director:  provided,  that  the  provisions of this section shall not apply to
22    biscuits, buns, or rolls weighing four (4) ounces or less, or to "stale bread"
23    sold and expressly represented at the time of sale as such, and that the mark-
24    ing provisions and regulations of section 71-233 shall not apply to  unwrapped
25    loaves of bread   be 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 ,   AND  OLEOMARGARINE , 
30     --UNITS OF WEIGHT PERMITTED      MARGARINE,  BUTTER-LIKE  AND
31    MARGARINE-LIKE   SPREADS  .  Butter,  oleomargarine,    and  
32    margarine ,  butter-like  and  margarine-like  spreads    shall  be
33    offered  and  exposed  for sale and sold by weight , and only in units of
34    one-quarter (1/4) pound, one-half (1/2) pound, one (1) pound or  multiples  of
35    one  (1)  pound,  avoirdupois  weight;  provided, that butter in random weight
36    packages 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-
 4    SURE PERMITTED . All fluid dairy  and milk   products  ,
 5      including  ,   but not limited to ,  whole milk,
 6    skimmed milk, cultured milk, sweet cream, sour cream, and buttermilk, shall be
 7     packaged for retail sale only in units of one (1) gill,  one-half  (1/2)
 8    liquid pint, ten (10) fluid ounces, one (1) liquid pint, one (1) liquid quart,
 9    one-half  (1/2)  gallon,  three-fourths  (3/4) gallon, one (1) gallon, one and
10    one-half (1 1/2) gallons, two (2) gallons, two and one-half  (2 1/2)  gallons,
11    or  multiples of one (1) gallon: provided, that packages in units of less than
12    one (1) gill shall be permitted   sold 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  MEAL 
17    -- 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 be  packaged only in units of two (2), five (5), ten (10),  twenty-
23    five  (25),  fifty  (50) or one hundred (100) pounds, avoirdupois weight; pro-
24    vided, that packages in units of less than two (2) pounds  or  more  than  one
25    hundred (100) pounds shall be permitted   sold by weight .

Statement of Purpose / Fiscal Impact


    





    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