§ 22-5407 — STOP SALE AND HOLD AUTHORITY

(1) The Idaho state department of agriculture may issue and enforce a stop sale, use, or removal order to the distributor, owner, or custodian of produce that it finds or has probable cause to believe:
(a) Is adulterated within the meaning of chapter 1, title 37, Idaho Code;
(b) Is so misbranded as to be dangerous or fraudulent within the meaning of chapter 1, title 37, Idaho Code;
(c) Is unsound;
(d) Contains any filthy, decomposed or putrid substance;
(e) May be poisonous or deleterious to health or otherwise unsafe; or
(f) Is offered or exposed for sale or held in possession with intent to distribute or sell, or is intended for distribution or sale in violation of any provision of chapter 1, title 37, Idaho Code, or the provisions of this chapter.
(2) The department may hold or order to be held any produce found to be in violation of the provisions of this chapter or rules promulgated under this chapter at a designated place until the law has been complied with and the produce is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. Any person adversely affected by the department’s determination may seek remedies as prescribed under the provisions of chapter 52, title 67, Idaho Code.

Legislative History

[22-5407, added 2018, ch. 216, sec. 2, p. 488; am. 2025, ch. 47, sec. 4, p. 223.]