2005 Idaho Code - 37-801 — USE OF GRADE TERMS RESTRICTED

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 8
                          GRADES OF QUALITY FOR MILK
                              AND MILK PRODUCTS
    37-801.  USE OF GRADE TERMS RESTRICTED. Hereafter no person shall use the
terms "grade A," "grade B," "grade C," or combinations or multiples of the
letters "a," "b," and "c," or any term similar thereto when used to indicate
quality on packages or containers containing milk, or milk products or on or
in connection with such products themselves, except as follows:
    (1)  In regard to milk or cream and pursuant to the terms of an ordinance
of any incorporated city that legally has adopted and passed a grade A
ordinance regulating the production, handling, distribution and sale of milk
or cream within such city, provided said ordinance meets the requirements of
the "standard milk ordinance" recommended by the Idaho department of
agriculture and provided further that the said ordinance is properly enforced
by such city. Semiannual surveys made by the director of the department of
agriculture shall provide a basis for determining whether proper enforcement
is being accomplished.
    (2)  In all cases not covered by subsection (1) hereof the use of the
grade or quality designations herein mentioned shall be unlawful unless such
person is licensed to use the same by the director of the department of
agriculture of the state of Idaho.
    In the case of milk or milk products not covered by the provisions of
subsection (1) hereof, the department of agriculture shall establish grades
which shall be the same as those established by the United States public
health service and approved by the United States department of agriculture.
    Nothing in this chapter shall be construed to prohibit the use of any
registered or copyrighted brand or trade-mark, design or device pursuant to
the provisions of any laws of this state or any other state or of the District
of Columbia or the United States, provided such use is not in conflict with
this chapter.