TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 54

IDAHO PRODUCE SAFETY

22-5407.  COORDINATION WITH DEPARTMENT OF HEALTH AND WELFARE. (1) In the event the department of health and welfare or the Idaho state department of agriculture finds or has probable cause to believe that any produce:

(a)  Is adulterated within the meaning of chapter 1, title 37, Idaho Code;

(b)  Is so misbranded as to be dangerous or fraudulent within the meaning of chapter 1, title 37, Idaho Code;

(c)  Is unsound;

(d)  Contains any filthy, decomposed or putrid substance;

(e)  May be poisonous or deleterious to health or otherwise unsafe; or

(f)  Is offered or exposed for sale or held in possession with intent to distribute or sell, or is intended for distribution or sale in violation of any provision of chapter 1, title 37, Idaho Code, or the provisions of this chapter.

(2)  In the event the Idaho state department of agriculture finds that produce is found to be in violation of this chapter or rules promulgated under this chapter, the department may issue and enforce a stop sale, use or removal order to the distributor, owner or custodian of the produce and hold the produce, or order it held, at a designated place until the law has been complied with and the produce is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. Any person adversely affected by the department’s determination may seek remedies as prescribed under the provisions of chapter 52, title 67, Idaho Code.

History:

[22-5407, added 2018, ch. 216, sec. 2, p. 488.]