2005 Idaho Code - 37-2606 — SUSPENSION OF ENRICHMENT DURING SHORTAGE

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 26
                        ENRICHMENT OF BREAD AND FLOUR
    37-2606.  SUSPENSION OF ENRICHMENT DURING SHORTAGE. If the director finds
that there is an existing or imminent shortage of any ingredient required by
section 37-2602 or 37-2603, Idaho Code, and that because of such shortage the
sale and distribution of flour, white bread, or rolls may be impeded by the
enforcement of sections 37-2601--37-2610, Idaho Code, he shall issue an order,
to be effective immediately upon issuance, permitting the omission of such
ingredient from flour, white bread, or rolls and, if he finds it necessary, or
appropriate, excepting such foods from labeling requirement until the further
order of the director. Any such findings may be made without hearing, on the
basis of an order or of factual information supplied by the appropriate
federal agency or officer. In the absence of any such order of the appropriate
federal agency or factual information supplied by it, the director on his own
motion may, and upon receiving the sworn statements of ten (10) or more
persons subject to sections 37-2601--37-2610, Idaho Code, that they believe
such a shortage exists or is imminent shall, (1) within twenty (20) days
thereafter hold a public hearing with respect thereto at which any interested
person may present evidence and (2) make findings based upon evidence
presented. The director shall publish a notice in a newspaper, having a
general circulation in the state, of any such hearing at least ten (10) days
prior thereto. Whenever the director has reason to believe that such shortage
no longer exists, he shall hold a public hearing, after at least ten (10) days
notice shall have been published in a newspaper having a general circulation
in the state, at which any interested person may present evidence, and he
shall make findings based upon the evidence presented. If his findings be that
such shortage no longer exists, he shall issue an order to become effective
not less than thirty (30) days after publication thereof, revoking such
previous order; provided that undisposed floor stocks of flour on hand at the
effective date of such revocation order or flour manufactured prior to such
effective date for sale in this state may thereafter be lawfully sold or
disposed of.