2005 Idaho Code - 37-332c — BUTTER GRADERS -- EMPLOYMENT -- NOTICE TO DEPARTMENT -- CHIEF GRADER -- RESPONSIBILITY OF GRADERS -- CHANGE OF GRADERS -- NOTICE TO DEPARTMENT -- RESPONSIBILITY OF MANUFACTURER FOR WRAPPER -- REVOCATION OF PRIVILEGE OF USING GRADE EMBLEM

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 3
                          DAIRIES AND DAIRY PRODUCTS
    37-332c.  BUTTER GRADERS -- EMPLOYMENT -- NOTICE TO DEPARTMENT -- CHIEF
GRADER -- RESPONSIBILITY OF GRADERS -- CHANGE OF GRADERS -- NOTICE TO
DEPARTMENT -- RESPONSIBILITY OF MANUFACTURER FOR WRAPPER -- REVOCATION OF
PRIVILEGE OF USING GRADE EMBLEM. Each butter manufacturer or butter
distributor selling or distributing butter to any consumer or retailer shall
maintain one (1) or more butter graders licensed as such under this act, and
shall file with the state department of agriculture the name and address of
each such butter grader maintained by it, and if more than one (1) such grader
is maintained shall designate one (1) thereof as its chief grader. The butter
grader, or if more than one (1) grader is maintained, then the chief grader,
shall be responsible for the correct grading and grade labeling, as required
under this act, of all butter marketed or distributed to any consumer or
retailer by that butter manufacturer or butter distributor within this state
during that grader's employment as such. Any change of butter grader or chief
grader shall immediately be reported in writing by the employer to the
department. Each such chief grader shall be responsible for the correct
grading and labeling of butter by all other graders maintained by that
manufacturer or distributor and the license of such chief grader shall be
subject to revocation or suspension by reason of any mislabeling or other
violation of this act by any such other grader.
    Provided, further, that any manufacturer or distributor of butter, who or
which wraps or places any butter in any wrapper or container having the grade
marked thereon, or who or which shall mark the grade on any wrapper or
container after butter is placed therein, shall likewise be responsible for
the correct grading and grade labeling of such butter, and, in case any such
manufacturer or distributor of butter shall fail to properly label any butter,
the privilege of such manufacturer or distributor of butter of using the
"grade AA," "grade A" or "grade B" emblem established by the state of Idaho to
designate butter of that grade, may be revoked or suspended by the state
department of agriculture; in which case the provisions of the department of
agriculture statute in reference to the revocation or suspension of licenses
shall apply to the revocation or suspension of the privilege of using the
state "grade AA," "grade A" or "grade B" emblem for butter and in this respect
such privilege shall be considered as being a license. Any manufacturer or
distributor of butter whose privilege of using the state "grade AA," "grade A"
or "grade B" emblem for butter grades has been suspended or revoked, who or
which shall continue to use said "grade AA," "grade A" or "grade B" emblem
shall be guilty of a violation of this act. The state department of
agriculture, when it is satisfied that said emblems will be properly used, may
in writing withdraw the suspension or revocation of such privilege.