TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 15

EGGS AND EGG PRODUCTS

37-1520.  Definitions. When used in this act:

(a)  The term "candling" shall refer to the act or function of determining the grade of eggs; and the term "candler" shall refer to the person performing that act or function.

(b)  The term "carton" shall mean a container containing one (1) dozen eggs.

(c)  The term "director" shall refer to the director of the department of agriculture.

(d)  The term "consumer" shall mean a person who purchases eggs or egg products for use as food and not for resale in any form.

(e)  The term "container" shall mean any carton, case, box, basket, sack, bag or other receptacle.

(f)  The term "dealer" or "egg handler" shall mean any person who acquires eggs or egg products from a producer or distributor for resale to consumers.

(g)  The term "distributor" shall refer to any person having possession or control of eggs or egg products for the purpose of candling, grading, packing, selling, peddling, distributing, dealing in or trading in eggs or egg products for resale to a dealer in the state of Idaho, but shall not refer to a producer when engaging in the sale of eggs or egg products to a distributor or when engaging in the sale of eggs directly to a consumer at the place of production.

(h)  The term "grade" when used as a verb shall mean to classify eggs as to quality and size, and when used as a noun shall mean the classification as to quality and size so established.

(i)  The term "person" shall include an individual, partnership, corporation, firm, association and agent.

(j)  The term "producer" shall mean a person engaged in the business of operating or controlling the operation of one or more farms, ranches or establishments on which eggs or egg products are produced in the state of Idaho.

(k)  The term "sale" or "sell" or "selling" or "sold" shall include sale, offer of sale, display for sale, have in possession for sale, exchange, barter, trade or other dealing.

(l)  "Intrastate commerce" means any eggs or egg products in intrastate commerce whether such eggs or egg products are intended for sale, held for sale, offered for sale, sold, stored, transported or handled in this state in any manner and prepared for eventual distribution in this state whether at wholesale or retail.

History:

[37-1520, added 1963, ch. 143, sec. 2, p. 406; am. 1969, ch. 39, sec. 1, p. 97; am. 1974, ch. 18, sec. 173, p. 364; am. 1975, ch. 175, sec. 1, p. 477; am. 1982, ch. 26, sec. 1, p. 51.]