TITLE 39

HEALTH AND SAFETY

CHAPTER 87

IDAHO COMMONSENSE CONSUMPTION ACT

39-8704.  Definitions. As used in this chapter:

(1)  "Claim" means any claim by or on behalf of a natural person as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.

(2)  "Food" means:

(a)  Articles used for food or drink for persons or other animals;

(b)  Chewing gum; and

(c)  Articles used for components of any other such article.

(3)  "Generally known obesity-related condition allegedly caused by or allegedly likely to result from long-term consumption" means an obesity-related condition generally known to result or to likely result from the cumulative effect of consumption and not from a single instance of consumption.

(4)  "Knowing and willful violation" means:

(a)  The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and

(b)  The conduct constituting the violation was not required by any law, regulation, order or rule of the United States, the state of Idaho, or any political subdivision thereof.

(5)  "Person" means any individual, partnership, corporation, firm, association, governmental subdivision or agency, public or private organization or other legal entity.

History:

[39-8704, added 2004, ch. 380, sec. 1, p. 1141.]