2005 Idaho Code - 71-115 — VERIFICATION OF WEIGHT OR MEASURE OF CONTENTS OF PACKAGES -- SAMPLING PROCEDURE -- TAGGING NON-COMPLYING PACKAGES -- SALE OF TAGGED PACKAGES PROHIBITED

                                  TITLE  71
                             WEIGHTS AND MEASURES
                                  CHAPTER 1
                       DIVISION OF WEIGHTS AND MEASURES
    71-115.  VERIFICATION OF WEIGHT OR MEASURE OF CONTENTS OF PACKAGES --
SAMPLING PROCEDURE -- TAGGING NON-COMPLYING PACKAGES -- SALE OF TAGGED
PACKAGES PROHIBITED. The director shall, from time to time, weigh or measure
and inspect packages or amounts of commodities kept, offered, or exposed for
sale, sold, or in the process of delivery, to determine whether the same
contain the amounts represented and whether they be kept, offered, or exposed
for sale or sold in accordance with law. When such packages or amounts of
commodities are found not to contain the amounts represented, or are found to
be kept, offered, or exposed for sale in violation of the law, the director
may order them off sale and may so mark or tag them as to show them to be
illegal. In carrying out the provisions of this act, the director may employ
recognized sampling procedures under which the compliance of a given lot of
packages will be determined on the basis of the result obtained on a sample
selected from and representative of such lot. No person shall (1) sell, or
keep, offer, or expose for sale, in intrastate commerce, any package or amount
of commodity that has been ordered off sale or marked or tagged as provided in
this section unless and until such package or amount of commodity has been
brought into full compliance with all legal requirements, or (2) dispose of
any package or amount of commodity that has been ordered off sale or marked or
tagged as provided in this section and that has not been brought into
compliance with legal requirements, in any manner, except with the specific
approval of the director.