TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 7

FARM MARKETING

22-703A.  Retail sales of onions. (1) All onions sold to the consumer by retail stores in this state shall be graded, sized and marked in accordance with United States standards for grades of onions. Nothing in the provisions of this section shall prohibit the sale of bulk onions to the consumer in retail stores if such onions are clearly identified to the consumer as to grade, size and state of origin providing, however, that locally grown onions need not comply with the above standards if clearly marked UNGRADED.

(2)  The department of agriculture may inspect all onions offered for sale in retail stores, and at all wholesale distributors or onion dealers selling or offering onions for sale to retail outlets. The purpose of the inspections shall be to ensure that onions offered for sale are properly identified as to grade and size and are within the standards established by the United States for grades of onions. Any inspectors appointed by the department may order the removal or regrading and remarking of any onions which are misbranded or mismarked or which no longer meet the required standards of the grade.

(3)  The department of agriculture may promulgate rules and regulations, in accordance with chapter 52, title 67, Idaho Code, necessary to enforce the provisions of this section.

(4)  The department shall be entitled to injunctive relief against any and all violators of the provisions of this section or of any rules and regulations promulgated pursuant to this section. The department may recover any and all damages of any character resulting from such violation or violations.

History:

[22-703A, added 1982, ch. 85, sec. 1, p. 158.]