Amends and adds to existing law to provide for the Idaho Direct to Consumer Commerce Act.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1283 BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT1 RELATING TO AGRICULTURAL PRODUCTS; AMENDING TITLE 37, IDAHO CODE, BY THE2 ADDITION OF A NEW CHAPTER 2, TITLE 37, IDAHO CODE, TO PROVIDE FOR THE3 IDAHO DIRECT-TO-CONSUMER COMMERCE ACT; AMENDING SECTION 22-703, IDAHO4 CODE, TO REVISE PROVISIONS REGARDING THE SALE OF GRADED AND UNGRADED5 PRODUCTS; AMENDING SECTION 22-801, IDAHO CODE, TO REVISE PROVISIONS6 REGARDING FRUIT PACKAGING; AMENDING SECTION 22-901, IDAHO CODE, TO RE-7 VISE PROVISIONS REGARDING APPLICATION; AMENDING SECTION 37-118, IDAHO8 CODE, TO PROVIDE AN EXCEPTION TO THE TAGGING AND DETENTION OF ARTICLES9 OR PRODUCTS SUSPECTED OF BEING ADULTERATED OR MISBRANDED AND TO MAKE10 TECHNICAL CORRECTIONS; AMENDING SECTION 37-133, IDAHO CODE, TO REVISE11 PROVISIONS REGARDING THE INSPECTION OF ESTABLISHMENTS; AMENDING SEC-12 TION 37-1520, IDAHO CODE, TO REVISE DEFINITIONS AND TO DEFINE TERMS;13 AMENDING SECTION 37-1523A, IDAHO CODE, TO PROVIDE AN EXCEPTION TO AS-14 SESSMENTS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-1602,15 IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 74-107, IDAHO CODE,16 TO PROVIDE AN EXEMPTION TO THE PUBLIC RECORDS ACT AND TO MAKE TECHNICAL17 CORRECTIONS; AND DECLARING AN EMERGENCY.18

Be It Enacted by the Legislature of the State of Idaho:19

SECTION 1. That Title 37, Idaho Code, be, and the same is hereby amended20 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-21 ter 2, Title 37, Idaho Code, and to read as follows:22 CHAPTER 223 IDAHO DIRECT-TO-CONSUMER COMMERCE ACT24 37-201. SHORT TITLE. This chapter shall be known and may be cited as25 the "Idaho Direct-to-Consumer Commerce Act."26 37-202. PURPOSE. The purpose of this chapter is to facilitate the27 production and direct sale of homemade food and nonalcoholic drink products28 from producers to informed end consumers with minimal regulatory burden and29 to encourage the expansion of agricultural sales at farm stands, ranches,30 farms, and producer's homes by providing unimpeded access to food from Idaho31 producers.32 37-203. DEFINITIONS. As used in this chapter:33 (1) "Animal share" means an ownership interest in an animal or herd of34 animals that is created by a written contract or bill of sale between an in-35 formed end consumer and a producer under which the consumer is entitled to36 receive a share of meat from the animal or herd that may vary in weight, meat37 product, or size.38 (2) "Department" means the Idaho department of health and welfare.39

2 (3) "Designated agent" means a person, cooperative market, consignment1 model market, or other entity designated by a producer to facilitate pro-2 ducer-to-consumer transactions, including marketing, transport, storage,3 selling, and delivery of food or nonalcoholic drink products. A designated4 agent shall be named in writing by the producer and shall not take ownership5 of any food or drink product.6 (4) "Farm stand" means a temporary or permanent structure operated by7 a producer or designated agent for the sale of homemade shelf-stable food,8 perishable food, or nonalcoholic drinks.9 (5) "Homemade" means foods or nonalcoholic drinks that are grown,10 prepared, or processed at a private or leased farm, home kitchen, or other11 non-licensed facility. Homemade does not include food that is prepared,12 cooked, or served on-site for immediate consumption, including restau-13 rant-style food service, mobile food units, concession trailers, or other14 facilities preparing ready-to-eat meals.15 (6) "Informed end consumer" means a person who knowingly purchases16 products available pursuant to the provisions of this chapter, who is the17 final purchaser of such product, who does not resell or redistribute the18 product, and for whom resale or redistribution is unlawful.19 (7) "Perishable food" means homemade food and drinks that require time20 or temperature control at a temperature of forty-one (41) degrees Fahrenheit21 or below for cold foods or one hundred thirty-five (135) degrees Fahrenheit22 or above for hot foods. Perishable food includes but is not limited to:23 (a) Nonalcoholic drinks, including coffee, lemonade, tea, and soda;24 (b) Chocolate, candies, and confectioneries;25 (c) Condiments and sauces;26 (d) Fruits and vegetables that remain uncut post-harvest;27 (e) Milk and dairy products;28 (f) Eggs and egg products;29 (g) Nut, seed, and fruit butters;30 (h) Fresh and dehydrated pastas;31 (i) Raw doughs;32 (j) Regular and sugar-free butters, jams, jellies, marmalades, pre-33 serves, and syrups;34 (k) Baked goods that include frosting or filling made from animal prod-35 ucts or other perishable ingredients;36 (l) Meat products produced pursuant to this chapter;37 (m) Cooked vegetables; and38 (n) Pickled products.39 (8) "Process" means operations a producer performs in the making or40 treatment of the producer's food or nonalcoholic drink product.41 (9) "Producer" means any person who grows, harvests, prepares, or pro-42 cesses any food or nonalcoholic drink product pursuant to the provisions of43 this chapter.44 (10) "Shelf-stable food" means homemade food or drinks that do not re-45 quire time or temperature control. Shelf-stable food includes but is not46 limited to:47 (a) Hermetically sealed butters, jams, jellies, marmalades, pre-48 serves, and syrups;49 (b) Fermented food products;50

3 (c) Tallow;1 (d) Lard;2 (e) Fruit leathers, pies, and turnovers;3 (f) Chocolates, candies, and confectioneries that do not need to be re-4 frigerated;5 (g) Nonalcoholic drinks that do not need to be refrigerated;6 (h) Milk and dairy products that do not need to be refrigerated;7 (i) Nut mixes;8 (j) Granola;9 (k) Dry soup mixes, excluding meat-based soup mixes;10 (l) Roasted coffee beans;11 (m) Popcorn;12 (n) Honey;13 (o) Dried, dehydrated, and freeze-dried foods, including jerky prod-14 ucts; and15 (p) Baked goods that do not include frosting or filling made from animal16 products or other perishable ingredients.17 37-204. PREEMPTION AND APPLICABILITY. (1) The legislature finds that18 uniform laws regarding the production, sale, and acquisition of products19 available pursuant to this chapter within Idaho are necessary to protect and20 promote the agricultural economy that is vital to Idaho and its citizens.21 It is the legislature's intent to wholly occupy the field of products made22 directly available to consumers pursuant to this chapter within this state.23 (2) Except as expressly authorized by state statute, agencies and po-24 litical subdivisions of this state shall not adopt, continue in effect, or25 enforce any ordinance, rule, regulation, resolution, or policy pertaining26 to the licensing, permitting, inspection, packaging, or labeling of prod-27 ucts made available pursuant to this chapter that is more stringent than the28 corresponding state or federal requirement. Any law, rule, regulation, or-29 dinance, or policy that is in violation of this chapter is hereby declared to30 be unenforceable.31 (3) Nothing in this chapter shall:32 (a) Exempt any food product from law, regulations, or inspections for33 weights and measures, representation, marketing or branding, the law-34 ful use of pesticides or fertilizers, and the lawful use of pest, weed,35 or disease prevention methods;36 (b) Allow the sale of milk and dairy products or products derived there-37 from, unless the producer or designated agent is in full compliance with38 the applicable provisions of chapters 3, 4, 5, and 12, title 37, Idaho39 Code;40 (c) Allow the sale of raw milk and raw milk products or products derived41 therefrom, unless the producer or designated agent is in full compli-42 ance with applicable provisions of chapter 11, title 37, Idaho Code;43 (d) Allow the use of a product made available pursuant to this chap-44 ter as an ingredient in a food establishment, as that term is defined in45 section 39-1602, Idaho Code, including in public school kitchen facili-46 ties;47 (e) Impede the department of health and welfare in any investigation of48 confirmed foodborne illness; or49

4 (f) Be construed to limit liability in cases of gross negligence or mis-1 representation by a producer or designated agent.2 37-205. DIRECT-TO-CONSUMER TRANSACTIONS AND REQUIREMENTS. (1) Pro-3 ducers operating pursuant to this chapter may sell homemade shelf-stable or4 perishable food products to the fullest extent permitted by applicable state5 and federal law.6 (2) Transactions conducted pursuant to this chapter shall:7 (a) Occur between a producer or designated agent and informed end con-8 sumer;9 (b) Occur entirely within the state of Idaho and shall not constitute or10 involve interstate commerce. All production, processing, packaging,11 sale, and delivery activities shall take place wholly within the state12 of Idaho; and13 (c) Not involve the sale of meat or meat products, except:14 (i) The sale of poultry and poultry products, if:15 1. The producer slaughters no more than one thousand (1,000)16 poultry of the producer's own raising during any one (1) cal-17 endar year;18 2. The producer does not engage in buying or selling poultry19 products other than those produced from poultry of the pro-20 ducer's own raising; and21 3. The poultry or poultry product is not adulterated or mis-22 branded;23 (ii) The sale of live animals;24 (iii) The sale of portions of live animals, including pursuant to25 section 37-207, Idaho Code, before slaughter for future delivery;26 (iv) The sale of domestic rabbit meat;27 (v) The sale of farm-raised fish, provided that the fish is raised28 in accordance with Idaho Code and the fish is not catfish; and29 (vi) The sale of meat from cattle, sheep, swine, and goats that30 have been inspected by the United States department of agriculture31 or another approved inspector.32 (3)(a) A producer or designated agent shall inform the end consumer33 that any homemade shelf-stable or perishable food product sold pursuant34 to this chapter is not subject to inspection or licensing.35 (b) There shall be a conspicuously displayed sign, label affixed to the36 food product, or card given to the informed end consumer that shall:37 (i) State: "This product is not subject to government food safety38 inspection or licensing requirements. It may contain aller-39 gens.";40 (ii) Include the name and contact information of the producer; and41 (iii) Include a list of ingredients used in the product if such42 product contains two (2) or more ingredients.43 (4)(a) Perishable food shall be produced, processed, stored, trans-44 ported, and sold under conditions reasonably intended to maintain the45 safety and integrity of the product.46 (b) Perishable food products shall include information on handling in-47 structions sufficient to inform the consumer of safe storage and prepa-48 ration practices.49

5 (5) If a retail space is in any way associated with a commercial food1 establishment or offers any food product available pursuant to this chapter2 for sale, the retail space shall:3 (a) Avoid intermingling by physically separating products available4 pursuant to this chapter from other products, including shelving in5 coolers, freezers, warehouses, or other storage areas; and6 (b) Include signs or other markings clearly indicating which area of-7 fers products available pursuant to this chapter.8 37-206. DEPARTMENT TO PROVIDE EDUCATIONAL MATERIAL. (1) To prevent9 foodborne illnesses and promote best safety practices, the department shall10 compile educational information on food safety, shelf-stable and perishable11 food storage, and prevention of the spread of foodborne illness and shall12 make such information publicly available.13 (2) Producers and designated agents shall become familiar with the edu-14 cational material provided by the department.15 37-207. ANIMALS SHARES. (1) The acquisition of meat from animals by16 an informed end consumer shall not constitute the sale of meat products and17 shall not be prohibited if:18 (a) The meat is delivered pursuant to an animal share and is received by19 the consumer from the producer within the state of Idaho;20 (b) Ownership interest of each animal is established prior to slaugh-21 ter;22 (c) The slaughter is conducted pursuant to section 25-1120, Idaho Code,23 if applicable; and24 (d) The producer or designated agent affixes a label to the meat packag-25 ing that states "not for sale."26 (2) An animal share may be created in any size or portion as agreed on by27 the producer and the informed end consumer.28 (a) Multiple informed end consumers may hold ownership interests in the29 same animal or herd.30 (b) Nothing in this section shall be construed to require an ownership31 interest to be limited to a fixed amount of meat products.32 (3) A person who obtains meat pursuant to an animal share shall not33 sell, donate, or commercially redistribute the meat.34 37-208. RECORDKEEPING. (1) A producer or designated agent operating35 pursuant to this chapter shall, except as provided by subsection (2) of this36 section, maintain records of transactions that identify the type and quan-37 tity of product sold, the date of the sale, the date of production, where the38 homemade food product was produced, and where each ingredient was produced39 or acquired.40 (2) Producers or designated agents operating pursuant to section41 37-207, Idaho Code, shall maintain the written contract or bill of sale evi-42 dencing an animal share agreement as a record.43 (3) Producers who utilize a designated agent shall name the designated44 agent in the records for each transaction that the designated agent con-45 ducted.46

6 (4) Records shall be retained by the producer or designated agent for a1 period of at least two (2) years from the date on the record.2 (5) Records required to be kept pursuant to this section shall be con-3 sidered confidential records that are not subject to disclosure pursuant to4 chapter 1, title 74, Idaho Code, and shall not be disclosed or surrendered5 to any state agency, political subdivision, or health district except in the6 event of a confirmed foodborne illness investigation.7 (6) A producer or designated agent who maintains and provides records8 in good faith pursuant to this section shall not be held civilly liable for9 any subsequent use, resale, or misuse of the product by the informed end con-10 sumer or any other third party.11 (7) If, during an investigation of a foodborne illness, the department12 finds that a producer or designated agent has not maintained the recordkeep-13 ing required by this section, the producer or designated agent may be subject14 to a fine not to exceed five hundred dollars ($500).15 (8) Nothing in this section shall be construed to require routine re-16 porting, inspection, or submission of records absent a confirmed foodborne17 illness investigation.18

SECTION 2. That Section 22-703, Idaho Code, be, and the same is hereby19 amended to read as follows:20 22-703. SALE OF GRADED AND UNGRADED PRODUCTS. Whenever any standard21 for the grade or other classification of any farm product becomes effective22 under this chapter, no person thereafter shall pack for sale, offer to sell,23 or sell within this state any such farm product to which such standard is24 applicable unless it conforms to the standard, subject to such reasonable25 variations therefrom as may be allowed in the rules and regulations made26 under this chapter: provided, that any pursuant to the rules promulgated27 in accordance with this chapter or allowed pursuant to chapter 2, title 37,28 Idaho Code. A farm product may be packed for sale, offered for sale, or sold29 without conformity to the standard or grade or other classification appli-30 cable thereto when such product will be consumed or used for manufacturing31 purposes wholly within this state, if it is not specifically described as32 state graded or packed under state standard, in accordance with such regula-33 tions as the department of agriculture may prescribe.34

SECTION 3. That Section 22-801, Idaho Code, be, and the same is hereby35 amended to read as follows:36 22-801. FRUIT BOXES -- HOW MARKED -- MISUSE OF LABELS -- CANNED OR37 DRIED FRUIT EXCEPTED.38 (1)(a) It shall be the duty of every person growing or packing and sell-39 ing, offering for sale (or), or shipping in boxes or packages, any fruit40 grown in this state, or imported into this state, to plainly mark the41 same on the outside of the box or package with the name of the variety42 contained therein or with the words "variety unknown," the name of the43 place or locality where grown and the name of the grower, or, in the case44 of sale or shipment through an association or organization of growers,45 the name of such association, and the lot number of the grower, and, in46

7 case of apples, pears, or peaches, the net weight or the number con-1 tained in the package, and it.2 (b) In addition to the marks required to be placed on any closed pack-3 age of fruit grown in this state, the grower thereof, or association or4 organization of growers packing the same, shall mark on the outside of5 such package the grade of the fruit contained therein.6 (2) It shall be unlawful for:7 (a) For any person to mark,:8 (i) Mark or place upon, on any package the name of any other place9 or locality than the place where such fruit was grown, except the10 place to which shipped, or to falsely;11 (ii) Falsely mark any such package as to variety, name of grower,12 association or organization, or place where grown, or to obliter-13 ate;14 (iii) Obliterate or change the original marks on any such package15 or to remark the same; or16 (iv) Remark a package with the name of any other grower or of any17 other place than that by or in which the contents were grown, or in18 case such package is marked with the name of an association or or-19 ganization of growers to remark the same with the name of any other20 association or organization, and it shall be unlawful for;21 (b) For any person, having in his possession for sale, or offering for22 sale, or selling any fruit grown in this state and shipped in closed23 packages, to repack the same in the boxes or packages of any other grower24 or shipper or from any other place, or to sell or offer for sale in closed25 packages any such fruit except in the original packages, or to pack in26 or offer for sale, from any marked box or package, any fruit other than27 that originally contained or shipped therein. In addition to the marks28 required to be placed upon any closed package of fruit grown in this29 state, as hereinabove provided, the grower thereof, or association or30 organization of growers packing the same, shall mark upon the outside of31 such package the grade of the fruit contained therein, and it shall be32 unlawful for;33 (c) For any person to remark any such closed package as a higher or supe-34 rior grade than that originally marked by the grower thereof or associa-35 tion or organization packing the same, or for; and36 (d) For any person other than the grower or association or organization37 packing such fruit grown in this state to place (on) on any such closed38 package, not marked with the grade of the contents thereof, any mark or39 brand indicating the grade of such contents. Provided, that nothing40 (3) Nothing in this section shall be construed to apply to canned:41 (a) Canned or dried fruit.; or42 (b) Those operating pursuant to chapter 2, title 37, Idaho Code.43

SECTION 4. That Section 22-901, Idaho Code, be, and the same is hereby44 amended to read as follows:45 22-901. APPLICATION OF ACT. (1) When potatoes are marketed or offered46 for shipment, within the state of Idaho, for packing, repacking, or process-47 ing purposes, or when potatoes are offered for sale by the grower direct to48 the consumer in lots of less than one (1) carload within the state or when49

8 "Idaho Certified" seed stock, as defined by the Idaho state seed certifica-1 tion officials, are offered for sale, the provisions of this act prescrib-2 ing grades and requiring grading shall not apply; but in all other cases when3 potatoes are packed for sale, offered for sale, sold, or offered for shipment4 within or outside the state of Idaho, such potatoes shall be graded either5 as "Idaho Deluxe," "Idaho Standard," or "Idaho Utility": provided, however,6 that all potatoes." Potatoes marketed within the state of Idaho or outside7 the state of Idaho may conform to grades promulgated by an act of congress8 or promulgated by authority of the secretary of agriculture of the United9 States, if the shipper or grower so desires.10 (2) It is further provided that all All potatoes not meeting the re-11 quirements of grade hereinabove provided for and hereinafter set out are12 hereby declared to be detrimental to the potato industry of the state of13 Idaho and shall not be marketed, except as provided in this section.14 (3) All potatoes conforming to the grades hereinabove and here-15 inafter set out shall be packed in containers or bags in conformity with the16 following prescribed rules provisions of this chapter and rules promulgated17 pursuant thereto.18 (4) When potatoes are to be shipped out of state in bulk, permission19 shall first be obtained from the Idaho department of agriculture. All per-20 mits issued hereunder shall be issued subject to the requirement that the21 potatoes to be shipped must be graded and must either meet the Idaho grades or22 the United States department of agriculture grades for potatoes; except that23 potatoes shipped outside the state for processing into some a changed form or24 product do not need to be graded.25 (5) The Idaho department of agriculture may promulgate the necessary26 rules and forms to carry out this paragraph the provisions of this chapter.27

SECTION 5. That Section 37-118, Idaho Code, be, and the same is hereby28 amended to read as follows:29 37-118. TAGGING AND DETENTION OF ARTICLE OR PRODUCT SUSPECTED OF BE-30 ING ADULTERATED OR MISBRANDED -- EMBARGO AND CONDEMNATION UNDER CERTAIN CON-31 DITIONS AND BY CERTAIN PROCEDURES. (a) Whenever a duly authorized agent of32 the director finds, or has probable cause to believe, that any food, drug,33 device, or cosmetic is adulterated, or so misbranded as to be dangerous or34 fraudulent, within the meaning of this act, he shall affix to such article a35 tag or other appropriate marking, giving notice that such article is, or is36 suspected of being, adulterated or misbranded and has been detained or em-37 bargoed, and warning all persons not to remove or dispose of such article by38 sale or otherwise until permission for removal or disposal is given by such39 agent or the court. It shall be unlawful for any person to remove or dispose40 of such detained or embargoed article by sale or otherwise without such per-41 mission.42 (b) When an article detained or embargoed under subsection (a) of this43 section has been found by such agent to be adulterated, or misbranded, he44 shall petition the probate court or district court in the county in whose ju-45 risdiction the article is detained or embargoed for a libel for condemnation46 of such article. When such agent has found that an article so detained or em-47 bargoed is not adulterated or misbranded, he shall remove the tag or other48 marking.49

9 (c) If the court finds that a detained or embargoed article is adul-1 terated or misbranded, such article shall, after entry of the decree be de-2 stroyed at the expense of the claimant thereof, under the supervision of such3 agent, and all court costs and fees, and storage and other proper expenses,4 shall be taxed against the claimant of such article or his agent; provided,5 that when the adulteration or misbranding can be corrected by proper label-6 ing or processing of the article, the court, after entry of the decree and7 after such costs, fees, and expenses have been paid and a good and suffi-8 cient bond, conditioned that such article shall be so labeled or processed,9 has been executed, may by order direct that such article be delivered to the10 claimant thereof for such labeling or processing under the supervision of an11 agent of the director. The expense of such supervision shall be paid by the12 claimant. Such bond shall be returned to the claimant of the article on rep-13 resentation to the court by the director that the article is no longer in vio-14 lation of this act, and that the expenses of such supervision have been paid.15 (d) Whenever the director or any of its the director's authorized16 agents shall find in any room, building, vehicle of transportation, or other17 structure, any meat, sea food, poultry, vegetable, fruit, or other perish-18 able articles which that are unsound, or contain any filthy, decomposed, or19 putrid substance, or that may be poisonous or deleterious to health or other-20 wise unsafe, the same being hereby declared to be a nuisance, the director or21 its the director's authorized agent, shall forthwith condemn or destroy the22 same, or in any other manner render the same unsaleable as human food.23 (e) Whenever the director or its the director's duly authorized agent24 shall find, or have probable cause to believe, that any food, drug, device,25 or cosmetic is offered or exposed for sale, or held in possession with intent26 to distribute or sell, or is intended for distribution or sale in violation27 of any provision of this act, whether it is in the custody of a common carrier28 or any other person, the director may affix to such article a tag or other ap-29 propriate marking, giving notice that such article is, or is suspected of be-30 ing, in violation of this act, and has been embargoed. Within seven (7) days31 after an embargo has been placed upon on any article, the embargo shall be re-32 moved by the director or a summary proceeding for the confiscation of the ar-33 ticle shall be instituted by the director. No person shall remove or dispose34 of such embargoed article by sale or otherwise without the permission of the35 director or agent; or after summary proceedings have been instituted, with-36 out permission from the court. If the embargo shall be removed by the direc-37 tor or by the court, neither the director nor the state shall be held liable38 for damages because of such embargo in the event that the court shall find39 that there was probable cause for the embargo.40 (f) Such proceeding shall be by complaint, verified by affidavit, which41 may be made on information and belief in the name of the director or agent42 against the article to be confiscated.43 (g) The complaint shall contain: (1) a particular description of the44 article, (2) the name of the place where the article is located, (3) the name45 of the person in whose possession or custody the article was found, if such46 name be known to the person making the complaint or can be ascertained by rea-47 sonable effort, and (4) a statement as to the manner in which the article is48 adulterated or misbranded or the characteristics which render its distribu-49 tion or sale illegal.50

10 (h) Upon the filing of the verified complaint, the court shall issue a1 warrant directed to the proper officer to seize and take in his possession2 the article described in the complaint and bring the same before the court3 who issued the warrant and to summon the person named in the warrant, and any4 other person who may be found in possession of the article, to appear at the5 time and place therein specified.6 (i) Any such person shall be summoned by service of a copy of the warrant7 in the same manner as a summons issuing out of the court in which the warrant8 has been issued.9 (j) The hearing upon on the complaint shall be at the time and place10 specified in the warrant, which time shall not be less than five (5) days or11 more than fifteen (15) days from the date of issuing the warrant, but, if the12 execution and service of the warrant has been less than three (3) days be-13 fore the return of the warrant, either party shall be entitled to a reason-14 able continuance. Upon the hearing, the complaint may be amended.15 (k) Any person who shall appear and claim the food, drug, device, or16 cosmetic seized under the warrant shall be required to file a claim in writ-17 ing.18 (l) If, upon the hearing, it shall appear that the article was offered19 or exposed for sale, or was in possession with intent to distribute or sell,20 or was intended for distribution or sale, in violation of any provision of21 this act, it shall be confiscated and disposed of by destruction or sale as22 the court may direct, but no such article shall be sold contrary to any provi-23 sion of this act. The proceeds of any sale, less the legal costs and charges,24 shall be paid into the state treasury.25 (m) This section shall not apply to food products produced, processed,26 packaged, or sold pursuant to chapter 2, title 37, Idaho Code. A food prod-27 uct shall not be deemed adulterated, misbranded, or otherwise in violation28 of this chapter solely because it is produced, processed, packaged, or sold29 pursuant to chapter 2, title 37, Idaho Code.30

SECTION 6. That Section 37-133, Idaho Code, be, and the same is hereby31 amended to read as follows:32 37-133. INSPECTION OF ESTABLISHMENTS -- EXAMINATION OF SPECIMENS --33 REPORTS -- RECEIPT FOR SAMPLES. (a) The director or his duly authorized agent34 shall have free access at all reasonable hours to any factory, warehouse, or35 food establishment, as that term is defined in section 39-1602, Idaho Code,36 in which foods, drugs, devices, or cosmetics are manufactured, processed,37 packed, or held for introduction into commerce, or to enter any vehicle being38 used to transport or hold such foods, drugs, devices, or cosmetics in com-39 merce, for the purpose purposes of:40 (1) of inspecting Inspecting such factory, warehouse, food establish-41 ment, or vehicle to determine if any of the provisions of this act are42 being violated,; and43 (2) to secure Securing samples or specimens of any food, drug, device,44 or cosmetic after paying or offering to pay for such sample.45 (b) It shall be the duty of the director to make or cause to be made ex-46 aminations of samples secured under the provisions of this section to deter-47 mine whether or not any provision of this act is being violated.48

11 (a) (c) Upon the completion of any inspection of a factory, warehouse,1 or other establishment and prior to leaving the premises, the director or his2 duly authorized agent making the inspection shall give to the owner, opera-3 tor, or agent in charge, a report in writing setting forth any condition or4 practice observed by him which in his judgment indicates that any food, drug,5 device, or cosmetic in the establishment (1) consists of, in whole or in part6 of, any filthy, putrid, or decomposed substances;, or (2) has been prepared,7 packed, or held in unsanitary condition whereby it may have become contami-8 nated with filth or whereby it may be rendered injurious to health.9 (b) (d) If the director or his duly authorized agent making any such in-10 spection of any warehouse, factory, or other establishment has obtained any11 samples in the process of the inspection, upon completion of the inspection12 and prior to his leaving the premises, he shall give to the owner, operator,13 or agent in charge, a receipt describing the samples obtained.14 (c) (e) Whenever in the course of any such inspection of the factory,15 or other establishment where food is manufactured, processed, or packed, the16 director or his duly authorized agent making the inspection obtains a sample17 of any such food and if analysis is made of such sample for the purpose of de-18 termining whether such food consists of, in whole or in part of, any filthy,19 putrid, or decomposed substance, or is otherwise unfit for food, a copy of20 the results of such analysis shall be sent promptly to the owner, operator,21 or agent in charge.22

SECTION 7. That Section 37-1520, Idaho Code, be, and the same is hereby23 amended to read as follows:24 37-1520. DEFINITIONS. When used in this act As used in this chapter:25 (a) The term "candling" shall refer to "Candling" means the act or func-26 tion of determining the grade of eggs; and the term "candler" shall refer to27 the person performing that act or function.28 (b) The term "carton" shall mean "Carton" means a container containing29 one (1) dozen eggs.30 (c) The term "director" shall refer to the director of the department of31 agriculture.32 (d) (c) The term "consumer" shall mean "Consumer" means a person who33 purchases eggs or egg products for use as food and not for resale in any form.34 (e) (d) The term "container" shall mean "Container" means any carton,35 case, box, basket, sack, bag, or other receptacle.36 (f) (e) The term "dealer" "Dealer" or "egg handler" shall mean means any37 person who acquires eggs or egg products from a producer or distributor for38 resale to consumers.39 (f) "Director" means the director of the department of agriculture.40 (g) The term "distributor" shall refer to "Distributor" means any per-41 son having possession or control of eggs or egg products for the purpose of42 candling, grading, packing, selling, peddling, distributing, dealing in, or43 trading in eggs or egg products for resale to a dealer in the state of Idaho,44 but shall not refer to a producer when engaging in the sale of eggs or egg45 products to a distributor or when engaging in the sale of eggs directly to a46 consumer at the place of production. Distributor shall not include those op-47 erating pursuant to chapter 2, title 37, Idaho Code.48

12 (h) The term "grade" "Grade," when used as a verb shall mean to classify1 eggs as to quality and size, and when used as a noun shall mean the classifi-2 cation as to quality and size so established.3 (i) "Intrastate commerce" means eggs or egg products are intended for4 sale, held for sale, offered for sale, sold, stored, transported, or handled5 in this state in any manner and prepared for eventual distribution in this6 state whether at wholesale or retail.7 (i) (j) The term "person" shall include "Person" means an individual,8 partnership, corporation, firm, association and, or agent thereof.9 (j) (k) The term "producer" shall mean "Producer" means a person en-10 gaged in the business of operating or controlling the operation of one (1) or11 more farms, ranches, or establishments on which eggs or egg products are pro-12 duced in the state of Idaho.13 (k) (l) The term "sale" or "sell" or "selling" or "sold" shall include14 "Sale," "sell," "selling," or "sold" means and includes sale, offer of sale,15 display for sale, have in possession for sale, exchange, barter, trade, or16 other dealing.17 (l) "Intrastate commerce" means any eggs or egg products in intrastate18 commerce whether such eggs or egg products are intended for sale, held for19 sale, offered for sale, sold, stored, transported or handled in this state20 in any manner and prepared for eventual distribution in this state whether at21 wholesale or retail.22

SECTION 8. That Section 37-1523A, Idaho Code, be, and the same is hereby23 amended to read as follows:24 37-1523A. ASSESSMENTS -- EXEMPTIONS TO ASSESSMENTS -- PREPAYMENT --25 AUDIT. (1) There is hereby levied an assessment not to exceed four (4) mills26 per dozen eggs (4/10 of a cent per dozen eggs) entering intrastate commerce27 as prescribed by rules and regulations issued by the director. Such assess-28 ment shall be applicable to all eggs entering intrastate commerce in retail29 cartons. Such assessment shall be paid to the department of agriculture on30 a monthly basis on or before the 25th day following the month such eggs en-31 ter intrastate commerce. The director may require reports by egg handlers,32 dealers, or distributors along with the payment of the assessment fee. Such33 reports may include any and all pertinent information necessary to carry out34 the purpose of this act. The director, may, by regulations, require egg con-35 tainer manufacturers to report on a monthly basis on agriculture containers36 sold to any egg handler, dealer, or distributor.37 (2) The assessment provided in this section shall not apply to:38 (a) Sale and shipment to points outside of this state;39 (b) Sale to the United States government and its instrumentalities;40 (c) Sale to breaking plants for processing into egg products;41 (d) Sale to consumers at the place of production or processing;42 (e) Sale between egg distributors;43 (f) Idaho shell egg producers having three hundred (300) or less hens44 may sell ungraded shell eggs produced upon on their premises to retail-45 ers, provided that each carton or other container of ungraded shell eggs46 sold shall be clearly marked "ungraded" and shall bear the name and ad-47 dress of the Idaho producer.; and48 (g) Those operating pursuant to chapter 2, title 37, Idaho Code.49

13 (3) Any egg handler, dealer, or distributor may prepay the assessment1 provided for in subsection (1) of this section by purchasing Idaho state2 egg seals from the director to be placed on egg containers showing that the3 proper assessment has been paid. Any carton manufacturer may apply to the4 director for a permit to place reasonable facsimiles of the Idaho state egg5 seals to be imprinted on egg containers. The director shall from time to time6 prescribe rules and regulations governing the affixing of seals and he is au-7 thorized to cancel any such permit issued pursuant to this chapter whenever8 he finds that a violation of the terms of which the permit has been granted9 has been violated.10 (4) Every egg handler, dealer, or distributor who pays assessments re-11 quired under pursuant to the provisions of this section on a monthly basis in12 lieu of seals shall be subject to audit by the director on an annual basis or13 more frequently if necessary. Failure to pay assessments when due or refusal14 to allow an audit may be cause for a suspension or revocation of an egg han-15 dler's, dealer's, or distributor's license. The conditions and assessments16 applicable to egg handlers, dealers, and distributors set forth in section17 37-1523, Idaho Code, shall also be applicable to payments to the director for18 facsimiles of seals placed on egg containers.19

SECTION 9. That Section 39-1602, Idaho Code, be, and the same is hereby20 amended to read as follows:21 39-1602. DEFINITIONS. As used in this chapter:22 (1) "Commissary" means a place where food, containers, or supplies are23 stored, prepared, or packaged for transit, sale, or service at other loca-24 tions.25 (2) "Food establishment" means those operations in the food business,26 such as, but not limited to, food processing establishments, canning fac-27 tories, salvage processing facilities, food service establishments, cold28 storage plants, commissaries, warehouses, food vending machine operations29 and location, caterers, mobile food units, and retail food stores. Such30 operations include all activities under the control of the license holder,31 including preparation, processing, storage, service, transportation vehi-32 cles, satellite locations, divisions and departments, and remote feeding33 sites. The term includes operations which that are conducted in perma-34 nent, temporary, or mobile facilities or locations. It includes any food35 operation regardless of whether consumption is on or off the premises and re-36 gardless of whether there is a charge for the food. Individual divisions and37 departments on one (1) premises and under common ownership shall, as a whole,38 be considered a single food establishment. The term "food establishment"39 does not include:40 (a) Private homes where food is prepared or served for individual fam-41 ily consumption;42 (b) Fraternal, benevolent, or nonprofit charitable organizations43 which that do not prepare or serve food on a regular basis. Food shall44 not be considered to be served on a regular basis if the food is served45 for a period not to exceed five (5) consecutive days on no more than46 three (3) occasions per year for foods which that are not potentially47 hazardous, or if the food is served no more than one (1) meal a week for48 all other foods;49

14 (c) Bed and breakfast establishments with ten (10) or fewer beds;1 (d) Establishments which that offer only factory-sealed foods that are2 not potentially hazardous;3 (e) Any nonretail activity subject to regulation pursuant to the United4 States food and drug administration food safety modernization act,5 provided that such nonretail activity is subject to registration under6 pursuant to section 415 of the federal food, drug and cosmetic act. Such7 activities shall be subject to regulation by the Idaho state depart-8 ment of agriculture pursuant to the provisions of section 22-113, Idaho9 Code, in the event the state enacts legislation providing that it should10 seek federal authorization of such regulation;11 (f) Agricultural markets; and12 (g) Agricultural equipment used for the extraction or harvest of an13 agricultural product, including, but not limited to, mint stills.; and14 (h) Those operating pursuant to chapter 2, title 37, Idaho Code.15 (3) "Intermittent food establishment" means a food vendor that oper-16 ates for a period of time, not to exceed three (3) six (6) consecutive days17 per week, at a single, specified location in conjunction with a recurring18 event and that offers potentially hazardous food to the general public. Ex-19 amples of a recurring event may be a farmers' or community market or a hol-20 iday market. "Intermittent food establishment" does not include the vendor21 of farm-fresh ungraded eggs at a recurring event.22 (4) "Mobile food establishment" means a food establishment selling23 or serving food for human consumption from any vehicle or other temporary24 or itinerant station and includes any movable food service establishment,25 truck, van, trailer, pushcart, bicycle, watercraft, or other movable food26 service with or without wheels, including hand-carried, portable contain-27 ers in or on which food or beverage is transported, stored, or prepared for28 retail sale or given away at temporary locations.29 (5) "Potentially hazardous food" means any food or ingredient, natu-30 ral or synthetic, in a form capable of supporting the rapid and progressive31 growth of infectious or toxigenic microorganisms or the slower growth of32 clostridium botulinum. Included is any food of animal origin, either raw or33 heat-treated, and any food of plant origin which that has been heat-treated34 or which that is raw seed sprouts;, cut melons;, and garlic and oil mixtures.35 The term "potentially hazardous food" does not include:36 (a) Air-dried hard-boiled eggs with shells intact;37 (b) Foods with a water activity (aw) value of eighty-five hundredths38 (0.85) or less;39 (c) Foods with a pH (hydrogen ion concentration) level of four and40 six-tenths (4.6) or below when measured at seventy-five (75) degrees41 Fahrenheit;42 (d) Foods in unopened hermetically-sealed hermetically sealed con-43 tainers which that have been commercially processed to achieve and44 maintain commercial sterility under conditions of nonrefrigerated45 storage and distribution;46 (e) Foods for which laboratory evidence, acceptable to the regulatory47 authority, demonstrates that rapid and progressive growth of infec-48 tious and toxigenic microorganisms or the slower growth of clostridium49 botulinum cannot occur;50

15 (f) Milk, half-and-half cream, butter products, frozen dairy desserts,1 and other fluid milk products, in the original unopened container; and2 (g) Any other food items determined by the department of health and wel-3 fare not to be potentially hazardous.4 (6) "Regulatory authority" means the director of the Idaho department5 of health and welfare or the director's designee.6 (7) "Temporary food establishment" means a food establishment that op-7 erates for a period of not more than fourteen (14) consecutive days in con-8 junction with a single event or celebration.9

SECTION 10. That Section 74-107, Idaho Code, be, and the same is hereby10 amended to read as follows:11 74-107. RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION12 RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION, TAX COMMISSION, UN-13 CLAIMED PROPERTY, PETROLEUM CLEAN WATER TRUST FUND. The following records14 are exempt from disclosure:15 (1) Trade secrets, including those contained in response to public16 agency requests for proposal, requests for clarification, requests for in-17 formation, and similar requests. "Trade secrets," as used in this section,18 means information, including a formula, pattern, compilation, program,19 computer program, device, method, technique, process, or unpublished or20 in-progress research that:21 (a) Derives independent economic value, actual or potential, from not22 being generally known to, and not being readily ascertainable by proper23 means by other persons who can obtain economic value from its disclosure24 or use; and25 (b) Is the subject of efforts that are reasonable under the circum-26 stances to maintain its secrecy.27 (2) Production records, housing production, rental and financing28 records, sale or purchase records, catch records, mortgage portfolio loan29 documents, or similar business records of a private concern or enterprise30 required by law to be submitted to or inspected by a public agency or sub-31 mitted to or otherwise obtained by an independent public body corporate and32 politic. Nothing in this subsection shall limit the use which that can be33 made of such information for regulatory purposes or its admissibility in any34 enforcement proceeding.35 (3) Records relating to the appraisal of real property, timber, or min-36 eral rights prior to its acquisition, sale, or lease by a public agency.37 (4) Any estimate prepared by a public agency that details the cost of a38 public project until such time as disclosed or bids are opened, or upon award39 of the contract for construction of the public project.40 (5) Examination, operating, or condition reports and all documents re-41 lating thereto, prepared by or supplied to any public agency responsible for42 the regulation or supervision of financial institutions, including, but not43 limited to, banks, savings and loan associations, regulated lenders, busi-44 ness and industrial development corporations, credit unions, and insurance45 companies, or for the regulation or supervision of the issuance of securi-46 ties.47 (6) Records gathered by a local agency or the Idaho department of com-48 merce, as described in chapter 47, title 67, Idaho Code, for the specific49

16 purpose of assisting a person to locate, maintain, invest in, or expand busi-1 ness operations in the state of Idaho.2 (7) Shipping and marketing records of commodity commissions used to3 evaluate marketing and advertising strategies and the names and addresses of4 growers and shippers maintained by commodity commissions.5 (8) Financial statements and business information and reports submit-6 ted by a legal entity to a port district organized under pursuant to title 70,7 Idaho Code, in connection with a business agreement, or with a development8 proposal or with a financing application for any industrial, manufacturing,9 or other business activity within a port district.10 (9) Names and addresses of seed companies, seed crop growers, seed crop11 consignees, locations of seed crop fields, variety name, and acreage by va-12 riety. Upon the request of the owner of the proprietary variety, this infor-13 mation shall be released to the owner. Provided however, that if a seed crop14 has been identified as diseased or has been otherwise identified by the Idaho15 department of agriculture, other state departments of agriculture, or the16 United States department of agriculture to represent a threat to that par-17 ticular seed or commercial crop industry or to individual growers, informa-18 tion as to test results, location, acreage involved, and disease symptoms19 of that particular seed crop, for that growing season, shall be available20 for public inspection and copying. This exemption shall not supersede the21 provisions of section 22-436, Idaho Code, nor shall this exemption apply to22 information regarding specific property locations subject to an open burn-23 ing of crop residue pursuant to section 39-114, Idaho Code, names of persons24 responsible for the open burn, acreage and crop type to be burned, and time25 frames for burning.26 (10) Information obtained from books, records, and accounts required in27 chapter 47, title 22, Idaho Code, to be maintained by the Idaho oilseed com-28 mission and pertaining to the individual production records of oilseed grow-29 ers.30 (11) Records of any risk retention or self-insurance program prepared31 in anticipation of litigation or for analysis of or settlement of potential32 or actual money damage claims against a public entity and its employees or33 against the industrial special indemnity fund except as otherwise discov-34 erable under the Idaho or federal rules of civil procedure. These records35 shall include, but are not limited to, claims evaluations, investigatory36 records, computerized reports of losses, case reserves, internal documents,37 and correspondence relating thereto. At the time any claim is concluded,38 only statistical data and actual amounts paid in settlement shall be deemed39 a public record unless otherwise ordered to be sealed by a court of competent40 jurisdiction. Provided however, nothing in this subsection is intended to41 limit the attorney-client privilege or attorney work product privilege oth-42 erwise available to any public agency.43 (12) Records of laboratory test results provided by or retained by the44 Idaho food quality assurance laboratory. Nothing in this subsection shall45 limit the use which that can be made, or availability of such information if46 used, for regulatory purposes or its admissibility in any enforcement pro-47 ceeding.48

17 (13) Reports required to be filed under pursuant to chapter 13, title1 62, Idaho Code, identifying electrical or natural or manufactured gas con-2 sumption data for an individual customer or account.3 (14) Voluntarily prepared environmental audits, and voluntary disclo-4 sures of information submitted on or before December 31, 1997, to an environ-5 mental agency, which are claimed to be confidential business information.6 (15) Computer programs developed or purchased by or for any public7 agency for its own use. As used in this subsection, "computer program" means8 a series of instructions or statements which that permit the functioning of9 a computer system in a manner designed to provide storage, retrieval, and10 manipulation of data from the computer system, and any associated documenta-11 tion and source material that explain how to operate the computer program.12 Computer program does not include:13 (a) The original data, including, but not limited to, numbers, text,14 voice, graphics, and images;15 (b) Analysis, compilation, and other manipulated forms of the original16 data produced by use of the program; or17 (c) The mathematical or statistical formulas that would be used if the18 manipulated forms of the original data were to be produced manually.19 (16) Active investigative records and trademark usage audits of the20 Idaho potato commission specifically relating to the enforcement of chapter21 12, title 22, Idaho Code, until the commencement of formal proceedings as22 provided by rules of the commission;, purchase and sales information submit-23 ted to the Idaho potato commission during a trademark usage audit, and inves-24 tigation or enforcement proceedings. Inactive investigatory records shall25 be disclosed unless the disclosure would violate the standards set forth in26 subsection (1)(a) through (f) of section 74-124, Idaho Code. Nothing in this27 subsection shall limit the use which that can be made, or availability of28 such information if used, for regulatory purposes or its admissibility in29 any enforcement proceeding.30 (17) All records copied or obtained by the director of the department of31 agriculture or his designee as a result of an inspection pursuant to section32 25-3806, Idaho Code, except:33 (a) Records otherwise deemed to be public records not exempt from dis-34 closure pursuant to this chapter; and35 (b) Inspection reports, determinations of compliance or noncompli-36 ance, and all other records created by the director or his designee37 pursuant to section 25-3806, Idaho Code.38 (18) All data and information collected by the division of animal indus-39 tries or the state brand board pursuant to the provisions of section 25-207B,40 Idaho Code, or rules promulgated thereunder.41 (19) Records disclosed to a county official by the state tax commission42 pursuant to subsection (4)(c) of section 63-3029B, Idaho Code.43 (20) Records, data, information and materials collected, developed,44 generated, ascertained, or discovered during the course of academic re-45 search at public institutions of higher education if the disclosure of such46 could reasonably affect the conduct or outcome of the research, or the abil-47 ity of the public institution of higher education to patent or copyright the48 research or protect intellectual property.49

18 (21) Records, data, information, and materials collected or utilized1 during the course of academic research at public institutions of higher edu-2 cation provided by any person or entity other than the public institution of3 higher education or a public agency.4 (22) The exemptions from disclosure provided in subsections (20) and5 (21) of this section shall apply only until the academic research is pub-6 licly released, copyrighted, or patented, or until the academic research7 is completed or terminated. At such time, the records, data, information,8 and materials shall be subject to public disclosure, unless: (a) another9 exemption in this chapter applies; (b) such information was provided to the10 institution subject to a written agreement of confidentiality; or (c) public11 disclosure would pose a danger to persons or property.12 (23) The exemptions from disclosure provided in subsections (20) and13 (21) of this section do not include basic information about a particular14 research project that is otherwise subject to public disclosure, such as the15 nature of the academic research, the name of the researcher, and the amount16 and source of the funding provided for the project.17 (24) Records of a county assessor, the state tax commission, a county18 board of equalization, or the state board of tax appeals containing the fol-19 lowing information: (i) lists of personal property required to be filed pur-20 suant to section 63-302, Idaho Code, and operating statements required to21 be filed pursuant to section 63-404, Idaho Code; and (ii) confidential com-22 mercial or financial information, including trade secrets. Except with re-23 spect to lists of personal property required to be filed pursuant to section24 63-302, Idaho Code, and the operator statements required to be filed pur-25 suant to section 63-404, Idaho Code, it shall be the responsibility of the26 taxpayer to give notice of its claim to exemption by stamping or marking each27 page or the first page of each portion of documents so claimed. No records28 that are exempt pursuant to this subsection shall be disclosed without the29 consent of the taxpayer except as follows:30 (a) To any officer, employee, or authorized representative of the state31 or the United States, under a continuing claim of confidentiality, as32 necessary to carry out the provisions of state or federal law or when33 relevant to any proceeding thereunder.34 (b) In the publication of statistics or reports as long as the statis-35 tics or reports do not reasonably lead to the identification of the spe-36 cific taxpayer or information submitted by taxpayers exempt pursuant to37 this subsection.38 (c) To the board of tax appeals or the district court as evidence or39 otherwise in connection with an appeal of the taxpayer's property tax40 assessment, but only if the board or the court, as applicable, has en-41 tered a protective order specifying that the taxpayer information may42 not be disclosed by any person conducting or participating in the action43 or proceeding, except as authorized by the board or the court in accor-44 dance with applicable law.45 (d) Nothing in this subsection shall prevent disclosure of the follow-46 ing information:47 (i) Name and mailing address of the property owner;48 (ii) A parcel number;49 (iii) A legal description of real property;50

19 (iv) The square footage and acreage of real property;1 (v) The assessed value of taxable property;2 (vi) The tax district and the tax rate; and3 (vii) The total property tax assessed.4 (25) Results of laboratory tests which that have no known adverse im-5 pacts to human health conducted by the Idaho state department of agricul-6 ture animal health laboratory, related to diagnosis of animal diseases of7 individual animals or herds, on samples submitted by veterinarians or animal8 owners unless:9 (a) The laboratory test results indicate the presence of a state or fed-10 erally reportable or regulated disease in animals;11 (b) The release of the test results is required by state or federal law;12 or13 (c) The test result is identified as representing a threat to animal or14 human health or to the livestock industry by the Idaho state department15 of agriculture or the United States department of agriculture. Nothing16 in this subsection shall limit the use which that can be made, or avail-17 ability of such information if used, for regulatory purposes or its ad-18 missibility in any enforcement proceeding, or the duty of any person to19 report contagious or infectious diseases as required by state or fed-20 eral law.21 (26) Results of laboratory tests conducted by the Idaho state depart-22 ment of agriculture seed laboratory on samples submitted by seed producers23 or seed companies. Nothing in this subsection shall limit the use which that24 can be made, or availability of such information pursuant to the provisions25 of subsections (9) and (10) of section 22-418, Idaho Code.26 (27) For policies that are owned by private persons, and not by a pub-27 lic agency of the state of Idaho, records of policies, endorsements, affi-28 davits, and any records that discuss policies, endorsements, and affidavits29 that may be required to be filed with or by a surplus line association pur-30 suant to chapter 12, title 41, Idaho Code.31 (28) Individual financial statements of a postsecondary educational32 institution or a proprietary school submitted to the state board of educa-33 tion, its director, or a representative thereof, for the purpose of reg-34 istering the postsecondary educational institution or proprietary school35 pursuant to section 33-2402 or 33-2403, Idaho Code, or provided pursuant to36 an administrative rule of the board adopted pursuant to such sections.37 (29) Information submitted by insurance companies pursuant to section38 41-612(17), Idaho Code.39 (30) Documents, materials, or other information submitted to the direc-40 tor of the department of insurance as provided in chapter 64, title 41, Idaho41 Code.42 (31) Reports, information, and other materials exempted by chapter 63,43 title 41, Idaho Code.44 (32) Records that identify the method by which the Idaho state tax com-45 mission selects tax returns for audit review.46 (33) Records that identify the method by which the administrator of the47 unclaimed property law set forth in chapter 5, title 14, Idaho Code, selects48 reports for audit review or conducts audit review of such reports and the49 identity of individuals or entities under audit.50

20 (34) Underwriting and claims records of the Idaho petroleum clean wa-1 ter trust fund obtained pursuant to section 41-4905, 41-4909, 41-4911A,2 41-4912, or 41-4912A, Idaho Code. Provided, however, that this subsection3 shall not prevent the Idaho petroleum clean water trust fund's submittal to4 the Idaho department of environmental quality or other regulatory agencies5 of information necessary to satisfy an insured's corrective action require-6 ment under applicable federal or state standards in the event of a release7 into the environment from a petroleum storage tank; and provided further8 that nothing in this subsection shall prevent the Idaho petroleum clean wa-9 ter trust fund from providing auditing, reporting, or actuarial information10 as otherwise required of it pursuant to section 41-4919, 41-4925A, 41-4928,11 41-4930, 41-4932, 41-4937, or 41-4938, Idaho Code.12 (35) Records required to be kept pursuant to chapter 2, title 37, Idaho13 Code.14

SECTION 11. An emergency existing therefor, which emergency is hereby15 declared to exist, this act shall be in full force and effect on and after its16 passage and approval.17