Idaho State Statutes - Idaho Attorney Directory

As used in this chapter:
(1) "Food establishment" means those operations in the food business such
as, but not limited to, food processing establishments, canning factories,
salvage processing facilities, food service establishments, cold storage
plants, commissaries, warehouses, food vending machine operations and
location, caterers, mobile food units and retail food stores. Such operations
include all activities under the control of the license holder including
preparation, processing, storage, service, transportation vehicles, satellite
locations, divisions and departments, and remote feeding sites. The term
includes operations which are conducted in permanent, temporary or mobile
facilities or locations. It includes any food operation regardless of whether
consumption is on or off the premises and regardless of whether there is a
charge for the food. Individual divisions and departments on one (1) premises
and under common ownership shall as a whole be considered a single food
establishment. The term "food establishment" does not include:
(a) Private homes where food is prepared or served for individual family
consumption;
(b) Fraternal, benevolent or nonprofit charitable organizations which do
not prepare or serve food on a regular basis. Food shall not be considered
to be served on a regular basis if the food is served for a period not to
exceed five (5) consecutive days on no more than three (3) occasions per
year for foods which are not potentially hazardous, or if the food is
served no more than one (1) meal a week for all other foods;
(c) Bed and breakfast establishments with ten (10) or fewer beds;
(d) Establishments which offer only factory-sealed foods that are not
potentially hazardous;
(e) Agricultural markets; and
(f) Agricultural equipment used for the extraction or harvest of an
agricultural product including, but not limited to, mint stills.
(2) "Potentially hazardous food" means any food or ingredient, natural or
synthetic, in a form capable of supporting the rapid and progressive growth of
infectious or toxigenic microorganisms or the slower growth of clostridium
botulinum. Included is any food of animal origin, either raw or heat treated
and any food of plant origin which has been heat treated or which is raw seed
sprouts; cut melons; and garlic and oil mixtures. The term "potentially
hazardous food" does not include:
(a) Air-dried hard-boiled eggs with shells intact;
(b) Foods with a water activity (aw) value of eighty-five hundredths
(0.85) or less;
(c) Foods with a pH (hydrogen ion concentration) level of four and
six-tenths (4.6) or below when measured at seventy-five (75) degrees
Fahrenheit;
(d) Foods in unopened hermetically-sealed containers which have been
commercially processed to achieve and maintain commercial sterility under
conditions of nonrefrigerated storage and distribution;
(e) Foods for which laboratory evidence, acceptable to the regulatory
authority, demonstrates that rapid and progressive growth of infectious
and toxigenic microorganisms or the slower growth of clostridium botulinum
cannot occur;
(f) Milk, half-and-half cream, butter products, frozen dairy desserts and
other fluid milk products, in the original unopened container; and
(g) Any other food items determined by the department of health and
welfare not to be potentially hazardous.
(3) "Regulatory authority" means the director of the Idaho department of
health and welfare or the director's designee.

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