37-124 — CONTAMINATION OF FOOD WITH MICROORGANISMS -- PERMIT REGULATIONS -- ACCESS TO FACTORY
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TITLE 37
FOOD, DRUGS, AND OIL
CHAPTER 1
IDAHO FOOD, DRUG AND COSMETIC ACT
37-124. CONTAMINATION OF FOOD WITH MICROORGANISMS -- PERMIT REGULATIONS
-- ACCESS TO FACTORY. (a) Whenever the director finds after investigation that
the distribution in Idaho of any class of food may, by reason of contamination
with microorganisms during manufacture, processing, or packing thereof in any
locality, be injurious to health, and that such injurious nature cannot be
adequately determined after such articles have entered commerce, he then, and
in such case only, shall prescribe regulations providing for the issuance, to
manufacturers, processors, or packers of such class of food in such locality,
of permits to which shall be attached such conditions governing the
manufacture, processing, or packing of such class of food, for such temporary
period of time, as may be necessary to protect the public health; and after
the effective date of such regulations, and during such temporary period, no
person shall introduce or deliver for introduction into commerce any such food
manufactured, processed or packed by any such manufacturer, processor, or
packer unless such manufacturer, processor, or packer holds a permit issued by
the director as provided by such regulations.
(b) The director is authorized to suspend immediately upon notice any
permit issued under authority of this section if it is found that any of the
conditions of the permit have been violated. The holder of a permit so
suspended shall be privileged at any time to apply for the reinstatement of
such permit, and the director shall, immediately after prompt hearing and an
inspection of the establishment, reinstate such permit if it is found that
adequate measures have been taken to comply with and maintain the conditions
of the permit, as originally issued or as amended.
(c) Any officer or employee duly designated by the director shall have
access to any factory or establishment, the operator of which holds a permit
from the director for the purpose of ascertaining whether or not the
conditions of the permit are being complied with, and denial of access for
such inspection shall be ground for suspension of the permit until such access
is freely given by the operator.