(1) The department is authorized to administer and enforce this chapter. The authority granted to the department under this chapter is in addition to, and not in lieu of, any other lawful authority granted to the department under state or federal law to administer and enforce requirements related to food safety. The director is authorized, in conformance with chapter 52, title 67, Idaho Code, to promulgate rules necessary to administer the purpose and provisions of this chapter.
(2)  The director shall administer and enforce the produce safety rule with moneys appropriated to the department by the federal government for the purpose of administering and enforcing the produce safety rule. Provided however, if the federal government does not appropriate moneys for this purpose or if the produce safety rule or its authorizing statute is repealed or made void, the director will cease enforcing the produce safety rule, this chapter and the rules promulgated under this chapter. Any exemption made to the requirements of the produce safety rule will also apply to this chapter and the rules promulgated under this chapter.

Terms Used In Idaho Code 22-5404

  • Department: means the Idaho state department of agriculture. See Idaho Code 22-5403
  • Director: means the director of the Idaho state department of agriculture or the director’s designee. See Idaho Code 22-5403
  • Produce safety rule: means the standards for growing, harvesting, packing and holding of produce for human consumption promulgated pursuant to the food and drug administration food, drug and cosmetic act. See Idaho Code 22-5403
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Statute: A law passed by a legislature.
(3)  The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, private associations, and regulated persons and entities in order to carry out the purpose and provisions of this chapter.