Idaho State Statutes - Idaho Attorney Directory

As used in this act, except as otherwise specified,
the following terms shall have the meanings stated below:
(a) The term "director" means the director of the department of
agriculture or his delegate.
(b) The term "firm" means any partnership, association, or other
unincorporated business organization.
(c) The term "meat broker" means any person, firm, or corporation engaged
in the business of buying or selling carcasses, parts of carcasses, meat, or
meat food products of cattle, sheep, swine, goats, horses, mules, or other
equines on commission, or otherwise negotiating purchases or sales of such
articles other than for his own account or as an employee of another person,
firm, or corporation.
(d) The term "renderer" means any person, firm, or corporation engaged in
the business of rendering carcasses, or parts or products of the carcasses, of
cattle, sheep, swine, goats, horses, mules, or other equines, except rendering
conducted under inspection under the provisions of this act.
(e) The term "animal food manufacturer" means any person, firm, or
corporation engaged in the business of manufacturing or processing animal food
derived wholly or in part from carcasses, or parts or products of the
carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines.
(f) The term "intrastate commerce" means commerce within this state.
(g) The term "meat food product" means any product capable of use as
human food which is made wholly or in part from any meat or other portion of
the carcass of any cattle, sheep, swine, or goats, excepting products which
contain meat or other portions of such carcasses only in a relatively small
proportion or historically have not been considered by consumers as products
of the meat food industry, and which are exempted from definition as a meat
food product by the director under such conditions as he may prescribe to
assure that the meat or other portions of such carcasses contained in such
product are not adulterated and that such products are not represented as meat
food products. This term as applied to food products of equines shall have a
meaning comparable to that provided in this paragraph with respect to cattle,
sheep, swine, and goats.
(h) The term "capable of use as human food" shall apply to any carcass,
or part or product of a carcass, of any animal, unless it is denatured or
otherwise identified as required by regulations prescribed by the director to
deter its use as human food, or it is naturally inedible by humans.
(i) The term "prepared" means slaughtered, canned, salted, rendered,
boned, cut up, or otherwise manufactured or processed.
(j) The term "adulterated" shall apply to any carcass, part thereof, meat
or meat food product under one (1) or more of the following circumstances:
(1) If it bears or contains any poisonous or deleterious substance which
may render it injurious to health; but in case the substance is not an
added substance, such article shall not be considered adulterated under
this clause if the quantity of such substance in or on such article does
not ordinarily render it injurious to health;
(2) (A) If it bears or contains (by reason of administration of any
substance to the live animal or otherwise) any added poisonous or
added deleterious substance (other than one which is (i) a pesticide
chemical in or on a raw agricultural commodity; (ii) a food additive;
or (iii) a color additive) which may, in the judgment of the director
make such article unfit for human food;
(B) If it is, in whole or in part, a raw agricultural commodity and
such commodity bears or contains a pesticide chemical which is unsafe
within the meaning of section 408 of the Federal Food, Drug, and
Cosmetic Act;
(C) If it bears or contains any food additive which is unsafe within
the meaning of section 409 of the Federal Food, Drug, and Cosmetic
Act;
(D) If it bears or contains any color additive which is unsafe
within the meaning of section 706 of the Federal Food, Drug, and
Cosmetic Act; provided, that an article which is not adulterated
under clause (B), (C), or (D) shall nevertheless be deemed
adulterated if use of the pesticide chemical, food additive, or color
additive in or on such article is prohibited by regulations of the
director in establishments at which inspection is maintained under
this act;
(3) If it consists in whole or in part of any filthy, putrid, or
decomposed substance or is for any other reason unsound, unhealthful,
unwholesome, or otherwise unfit for human food;
(4) If it has been prepared, packed, or held under insanitary conditions
whereby it may have become contaminated with filth, or whereby it may have
been rendered injurious to health;
(5) If it is, in whole or in part, the product of an animal which has
died otherwise than by slaughter;
(6) If its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to
health;
(7) If it has been intentionally subjected to radiation, unless the use
of the radiation was in conformity with a regulation or exemption in
effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic
Act;
(8) If any valuable constituent has been in whole or in part omitted or
abstracted therefrom; or if any substance has been substituted, wholly or
in part therefor; or if damage or inferiority has been concealed in any
manner; or if any substance has been added thereto or mixed or packed
therewith so as to increase its bulk or weight, or reduce its quality or
strength, or make it appear better or of greater value than it is; or
(9) If it is margarine containing animal fat and any of the raw material
used therein consisted in whole or in part of any filthy, putrid, or
decomposed substance.
(k) The term "misbranded" shall apply to any carcass, part thereof, meat
or meat food product under one (1) or more of the following circumstances:
(1) If its labeling is false or misleading in any particular;
(2) If it is offered for sale under the name of another food;
(3) If it is an imitation of another food, unless its label bears, in
type of uniform size and prominence, the word "imitation" and immediately
thereafter, the name of the food imitated;
(4) If its container is so made, formed, or filled as to be misleading;
(5) If in a package or other container unless it bears a label showing
(A) the name and place of business of the manufacturer, packer, or
distributor; and (B) an accurate statement of the quantity of the contents
in terms of weight, measure, or numerical count; provided, that under
clause (B) of this subparagraph (5), reasonable variations may be
permitted, and exemptions as to small packages may be established, by
regulations prescribed by the director.[;]
(6) If any word, statement, or other information required by or under
authority of this act to appear on the label or other labeling is not
prominently placed thereon with such conspicuousness (as compared with
other words, statements, designs, or devices, in the labeling) and in such
terms as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use;
(7) If it purports to be or is represented as a food for which a
definition and standard of identity or composition has been prescribed by
regulations of the director under section 37-1907, Idaho Code, unless (A)
it conforms to such definition and standard, and (B) its label bears the
name of the food specified in the definition and standard and, insofar as
may be required by such regulations, the common names of optional
ingredients (other than spices, flavoring, and coloring) present in such
food;
(8) If it purports to be or is represented as a food for which a standard
or standards of fill of container have been prescribed by regulations of
the director under section 37-1907, Idaho Code, and it falls below the
standard of fill of container applicable thereto, unless its label bears,
in such manner and form as such regulations specify, a statement that it
falls below such standards;
(9) If it is not subject to the provisions of subparagraph (7), unless
its label bears (A) the common or usual name of the food, if any there be,
and (B) in case it is fabricated from two (2) or more ingredients, the
common or usual name of each such ingredient; except that spices,
flavorings, and colorings may, when authorized by the director, be
designated as spices, flavorings, and colorings without naming each;
provided, that, to the extent that compliance with the requirements of
clause (B) of this subparagraph (9) is impracticable, or results in
deception or unfair competition, exemptions shall be established by
regulations promulgated by the director;
(10) If it purports to be or is represented for special dietary uses,
unless its label bears such information concerning its vitamin, mineral,
and other dietary properties as the director, after consultation with the
secretary of agriculture of the United States, determines to be, and by
regulations prescribes as necessary, in order to fully inform purchasers
as to its value for such uses;
(11) If it bears or contains any artificial flavoring, artificial
coloring, or chemical preservative, unless it bears labeling stating that
fact; provided, that, to the extent that compliance with the requirements
of this subparagraph (11) is impracticable, exemptions shall be
established by regulations promulgated by the director; or
(12) If it fails to bear, directly thereon or on its container, as the
director may by regulations prescribe, the inspection legend, and,
unrestricted by any of the foregoing, such other information as the
director may require in such regulations to assure that it will not have
false or misleading labeling and that the public will be informed of the
manner of handling required to maintain the article in a wholesome
condition.
(l) The term "label" means a display of written, printed, or graphic
matter upon the immediate container (not including package liners) of any
article.
(m) The term "labeling" means all labels and other written, printed, or
graphic matter (1) upon any article or any of its containers or wrappers, or
(2) accompanying such article.
(n) The term "Federal Meat Inspection Act" means the act so entitled
approved March 4, 1907, (34 Stat. 1260), as amended by the Wholesome Meat Act
(81 Stat. 584).
(o) The term "Federal Food, Drug, and Cosmetic Act" means the act so
entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatory thereof
or supplementary thereto.
(p) The term "pesticide chemical," "food additive," "color additive," and
"raw agricultural commodity" shall have the same meanings for purposes of this
act as under the Federal Food, Drug, and Cosmetic Act.
(q) The term "official mark" means the official inspection legend or any
other symbol prescribed by regulations of the director to identify the status
of any article or animal under this act.
(r) The term "official inspection legend" means any symbol prescribed by
regulations of the director showing that an article was inspected and passed
in accordance with this act.
(s) The term "official certificate" means any certificate prescribed by
regulations of the director for issuance by an inspector or other person
performing official functions under this act.
(t) The term "official device" means any device prescribed or authorized
by the director for use in applying any official mark.
(u) The term "mobile unit" means a vehicle, and all related equipment
therein, used for the custom slaughter of cattle, sheep, swine or goats at the
request of the owner thereof for such slaughter, which shall not at any time
slaughter at a fixed location and which shall not at any time be used for such
slaughter of animals delivered to it at a specified location for the purpose
of such slaughter.

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