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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
FOOD, DRUGS, AND OIL
CHAPTER 2
IDAHO DIRECT-TO-CONSUMER COMMERCE ACT
37-208. recordkeeping. (1) A producer or designated agent operating pursuant to this chapter shall, except as provided by subsection (2) of this section, maintain records of transactions that identify the type and quantity of product sold, the date of the sale, the date of production, where the homemade food product was produced, and where each ingredient was produced or acquired.
(2) Producers or designated agents operating pursuant to section 37-207, Idaho Code, shall maintain the written contract or bill of sale evidencing an animal share agreement as a record.
(3) Producers who utilize a designated agent shall name the designated agent in the records for each transaction that the designated agent conducted.
(4) Records shall be retained by the producer or designated agent for a period of at least two (2) years from the date on the record.
(5) Records required to be kept pursuant to this section shall be considered confidential records that are not subject to disclosure pursuant to chapter 1, title 74, Idaho Code, and shall not be disclosed or surrendered to any state agency, political subdivision, or health district except in the event of a confirmed foodborne illness investigation.
(6) A producer or designated agent who maintains and provides records in good faith pursuant to this section shall not be held civilly liable for any subsequent use, resale, or misuse of the product by the informed end consumer or any other third party.
(7) If, during an investigation of a foodborne illness, the department finds that a producer or designated agent has not maintained the recordkeeping required by this section, the producer or designated agent may be subject to a fine not to exceed five hundred dollars ($500).
(8) Nothing in this section shall be construed to require routine reporting, inspection, or submission of records absent a confirmed foodborne illness investigation.
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