37-801 USE OF GRADE TERMS RESTRICTED. - Idaho Statutes

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.