IDAPA 16.02.19
Restaurants, catering facilities, taverns, kiosks, vending facilities, commissaries, cafeterias, mobile food facilities, temporary food facilities, schools, senior centers, hospitals, residential care and treatment facilities, nursing homes, correctional facilities, camps, food banks, church facilities, retail markets, meat, fish, delicatessen, bakery, supermarkets, convenience stores, health food stores, neighborhood markets, food, water and beverage processing and bottling facilities.
The purpose of these rules is to establish standards for the provision of safe, unadulterated and honestly presented food for consumption by the public. These rules provide requirements for licensing, inspections, review of plans, employee restriction, and license suspensions for food establishments and food processing plants. Also included are definitions and set standards for management, personnel, food operations, equipment and facilities.
This rule implements the following statutes passed by the Idaho Legislature:
Food, Drugs, and Oil -
Idaho Food, Drug and Cosmetic Act:
Health and Safety -
Food Establishment Act:
Public Assistance and Welfare -
Administrative appeals and contested cases are governed by the provisions of the Idaho Administrative Procedures Act, Chapter 52, Title 67, Idaho Code, and IDAPA 62.01.01, “Idaho Rules of Administrative Procedure.”
Unless exempted, all public records are subject to disclosure by the Department that will comply with Title 74, Chapter 1, Idaho Code, upon requests. Confidential information may be restricted by state or federal law, federal regulation, and IDAPA 16.05.01, “Use and Disclosure of Department Records.”
Contested Hearing and Appeal Records – All contested case hearings are open to the public, unless ordered closed at the discretion of the hearing officer based on compelling circumstances. A party to a hearing must maintain confidentiality of discussions that warrant closing the hearing to the public.
Plans and Specifications – Plans and specifications submitted to the regulatory authority as required in Chapter 8 of the 2013 Food Code referenced in Section 002 of these rules, must be treated as confidential or trade secret information under Section 74-107, Idaho Code.
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
Who do I contact for more information on this rule?
Idaho Department of Health and Welfare Food Protection Program 450 West State Street Boise, ID 83702
P.O. Box 83720 Boise, ID 83720-0036 Phone: (208) 334-4994 Fax: (208) 332-7307 Email: foodprotection@dhw.idaho.gov Webpage: https://foodsafety.idaho.gov
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
000. Legal Authority. ... 5
001. Applicability. ... 5
002. Incorporation By Reference. ... 6
003. -- 049. (Reserved) ... 6
050. Training And Informational Materials. ... 6
051. -- 099. (Reserved) ... 6
100. Purposes And Definitions. ... 6
101. -- 109. (Reserved) ... 6
110. Definitions And Abbreviations -- A Through K. ... 6
111. Definitions And Abbreviations -- L Through Z. ... 8
112. -- 199. (Reserved) ... 9
200. Management And Personnel. ... 9
201. Person In Charge. ... 9
202. -- 209. (Reserved) ... 9
210. Demonstration Of Knowledge. ... 9
211. -- 299. (Reserved) ... 9
300. Food. ... 9
301. -- 319. (Reserved) ... 9
320. Meat And Poultry. ... 9
321. -- 324. (Reserved) ... 9
325. Game Animals. ... 9
326. -- 354. (Reserved) ... 10
355. Food Processing Plants. ... 10
356. -- 359. (Reserved) ... 11
360. Advising Consumers Of Health Risk Of Raw Or Undercooked Foods. ... 11
361. -- 369. (Reserved) ... 12
370. Adulterated Or Misbranded Food. ... 12
371. -- 599. (Reserved) ... 12
600. Physical Facilities. ... 12
601. -- 619. (Reserved) ... 12
620. Private Homes And Living Or Sleeping Quarters, Use Prohibition. ... 12
621. -- 699. (Reserved) ... 12
700. Poisonous Or Toxic Materials. ... 12
701. -- 719. (Reserved) ... 12
720. Restriction And Storage Of Medicines. ... 12
721. Refrigerated Storage Of Medicines. ... 12
722. -- 799. (Reserved) ... 12
800. Compliance And Enforcement. ... 12
801. -- 829. (Reserved) ... 13
830. Application For A License. ... 13
831. Summary Suspension Of License. ... 13
832. -- 839. (Reserved) ... 14
840. Inspections And Correction Of Violations. ... 14
841. Inspection Scores. ... 14
842. -- 844. (Reserved) ... 15
845. Verification And Documentation Of Correction. ... 15
846. -- 849. (Reserved) ... 15
850. Enforcement Inspections. ... 15
851. Enforcement Procedures For Adulterated Or Misbranded Food. ... 15
852. -- 859. (Reserved) ... 16
860. Revocation Of License. ... 16
861. Appeal Process. ... 17
862. -- 889. (Reserved) ... 17
890. Criminal And Civil Proceedings. ... 18
891. -- 999. (Reserved) ... 18
Sections 37-121 and 39-1603, Idaho Code, authorize the Board to adopt rules for the regulation of food establishments to protect public health. (4-6-23)
01. These Rules Apply to Food Establishments. Food establishments under Section 39-1602, Idaho Code, must follow these rules. Those facilities include the following: (4-6-23)
a. Restaurants, catering facilities, taverns, kiosks, vending facilities, commissaries, cafeterias, mobile food facilities, and temporary food facilities; (4-6-23)
b. Schools, senior centers, hospitals, residential care and treatment facilities, nursing homes, correctional facilities, camps, food banks, and church facilities; (4-6-23)
c. Retail markets, meat, fish, delicatessen, bakeries, supermarkets, convenience stores, health food stores, and neighborhood markets; and (4-6-23)
d. Food, water and beverage processing and bottling facilities that manufacture, process, and distribute food, water, and beverages, and are not inspected for food safety by a federal agency. (4-6-23)
02. These Rules Do Not Apply to These Establishments Under Idaho Code. (4-6-23)
a. Agricultural markets as exempted in Section 39-1602, Idaho Code. (4-6-23)
b. Bed-and-breakfast operations that prepare and offer food for breakfast only to guests. The number of guest beds must not exceed ten (10) beds under Section 39-1602, Idaho Code. (4-6-23)
c. Day care facilities regulated by Sections 39-1101 through 39-1119, Idaho Code. (4-6-23)
d. Licensed outfitters and guides regulated by Sections 36-2101 through 36-2119, Idaho Code. (4-6-23)
e. Low-risk food establishments, as exempted in Section 39-1602, Idaho Code, which offer only non-TCS foods. (4-6-23)
f. Farmers market vendors and roadside stands that only offer or sell non-TCS foods or cottage foods. (4-6-23)
g. Non-profit charitable, fraternal, or benevolent organizations that do not prepare or serve food on a regular basis as exempted in Section 39-1602, Idaho Code. Food is not considered to be served on a regular basis if it is not served for more than five (5) consecutive days on no more than three (3) occasions per year for foods that are non-TCS. For all other food, it must not be served more than one (1) meal per week. (4-6-23)
h. Private homes where food is prepared or served for family consumption or receives catered or home-delivered food as exempted by Section 39-1602, Idaho Code. (4-6-23)
i. Cottage food operations, when the consumer is informed and must be provided contact information for the cottage food operations by a clearly legible label on the product packaging; or a clearly visible placard at the sales or service location that also states: (4-6-23)
i. The food was prepared in a home kitchen that is not subject to regulation and inspection by the regulatory authority; and (4-6-23)
ii. The food may contain allergens. (4-6-23)
03. How to Use This Chapter of Rules. These rules are modifications, additions, or deletions made to the federal publication incorporated by reference in Section 002 of these rules. To follow these rules the publication is required. Changes to those standards are listed in these rules by which section of the incorporated publication is being modified at the beginning of each Section of rule. Citations to the incorporated Food Code are in the format “x-xxx.xx.” (4-6-23)
The Department adopted by reference the “Food Code, 2013 Recommendations of the United States Public Health Service Food and Drug Administration,” Publication PB2013-110462, hereafter referred to as the incorporated Food Code. A certified copy of this publication may be reviewed at the main office of the Department. It is also available online at http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/ucm374275.htm. This publication is being adopted with modifications and additions as follows: (4-6-23)
01. Chapter 1, Purpose and Definitions. Additions and modifications have been made to this chapter. See Sections 100 - 199 of these rules. (4-6-23)
02. Chapter 2, Management and Personnel. Modifications have been made to this chapter. See Sections 200 - 299 of these rules. (4-6-23)
03. Chapter 3, Food. Modifications have been made to this chapter. See Sections 300-399 of these rules. (4-6-23)
04. Chapter 4, Equipment, Utensils, and Linens. This chapter has been adopted with no modifications. (4-6-23)
05. Chapter 5, Water, Plumbing and Waste. This chapter has been adopted with no modifications. (4-6-23)
06. Chapter 6, Physical Facilities. Modifications have been made to this chapter. See Sections 600-699 of these rules. (4-6-23)
07. Chapter 7, Poisonous or Toxic Materials. Modifications have been made in this chapter. See Sections 700 - 799 of these rules. (4-6-23)
08. Chapter 8, Compliance and Enforcement. Modifications have been made in this chapter. See Sections 800-899 of these rules. (4-6-23)
09. Annexes 1 Through 7 Are Excluded. These sections have not been adopted. (4-6-23)
003. -- 049. (RESERVED)
Section 56-1007, Idaho Code, authorizes the Department to establish a reasonable charge for training and informational materials that are provided to the public. (4-6-23)
051. -- 099. (RESERVED)
Sections 100 through 199 of these rules will be used for modifications and additions to Chapter 1 of the incorporated Food Code. (4-6-23)
101. -- 109. (RESERVED)
The definitions under this Section are modifications or additions to the definitions provided in the incorporated Food Code. (4-6-23)
01. Agricultural Market. Any venue where a fixed or mobile retail food establishment can engage in the sale of raw or fresh fruits, vegetables, and nuts in the shell. It may also include the sale of factory sealed non-TCS foods. Agricultural market means the same as “farmers market” or “roadside stand.” (4-6-23)
02. Board. The Idaho Board of Health and Welfare under Section 56-1005, Idaho Code. (4-6-23)
03. Consent Order. An enforceable agreement between the regulatory authority and the license holder to correct violations that caused the actions taken by the regulatory authority. (4-6-23)
04. Core Item. A provision in the incorporated Food Code that is not designated as a priority item or a priority foundation item and includes items that usually relate to general sanitation, operation controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance. (4-6-23)
05. Cottage Food Operation. When a person or business prepares or produces cottage food products in the home kitchen of that person's primary residence or other designated kitchen or location. (4-6-23)
06. Cottage Food Product. Non-TCS foods that are sold directly to a consumer. Examples include: baked goods, fruit jams, jellies, fruit pies, breads, cakes, pastries, cookies, candies, confections, dried fruits, dry herbs, seasonings and mixtures, cereals, trail mixes, granola, nuts, vinegar, popcorn and popcorn balls, and cotton candy. (4-6-23)
07. Department. The Idaho Department of Health and Welfare under Section 56-1002, Idaho Code, or its designee. (4-6-23)
08. Director. The Director of the Idaho Department of Health and Welfare under Section 56-1003, Idaho Code. (4-6-23)
09. Embargo. An action taken by the regulatory authority that places a food product or equipment used in food production on hold until a determination is made on the product's safety. (4-6-23)
10. Enforcement Inspection. An inspection conducted by the regulatory authority when compliance with these rules by a food establishment is lacking and violations remain uncorrected after the first follow-up inspection to a routine inspection. (4-6-23)
11. Farmers Market. Any fixed or mobile retail food establishment at which farmer producers sell agricultural products directly to the public. Farmers market means the same as 'agricultural market' and 'roadside stand.' (4-6-23)
12. Food Establishment. Modifications to Section 1-201.10 amend the definition of 'food establishment' as follows: (4-6-23)
a. Delete Subparagraph 3(c) of the term 'food establishment' in the incorporated Food Code; (4-6-23)
b. Add Subparagraph 3(h) to the term 'food establishment' to clarify that a cottage food operation is not a food establishment. (4-6-23)
13. Food Processing Plant. Modification to Section 1-201.10 amends the definition of 'food processing plant' by deleting Subparagraph 2 of the term 'food processing plant' in the incorporated Food Code. (4-6-23)
14. Good Retail Practice. Preventive measures that include practices and procedures that effectively control the introduction of pathogens, chemicals, and physical objects into food. (4-6-23)
15. High-Risk Food Establishment. Performs the following: (4-6-23)
a. Extensive handling of raw ingredients; (4-6-23)
b. Preparation processes that include the cooking, cooling, and reheating of TCS foods; or (4-6-23)
c. A variety of processes requiring hot and cold holding of TCS foods. (4-6-23)
The definitions under this Section are modifications or additions to the definitions provided in the incorporated Food Code. (4-6-23)
01. License. Is used in these rules the same as the term “permit” is used in the incorporated Food Code. (4-6-23)
02. License Holder. Is used in these rules the same as the term “permit holder” is used in the incorporated Food Code. (4-6-23)
03. Low-Risk Food Establishment. Provides factory-sealed prepackaged non-TCS foods. The establishment may have limited preparation of non-TCS foods only. (4-6-23)
04. Medium-Risk Food Establishment. Includes the following: (4-6-23)
a. A limited menu of one (1) or two (2) items; (4-6-23)
b. Prepackaged raw ingredients cooked or prepared to order; (4-6-23)
c. Raw ingredients requiring minimal assembly; (4-6-23)
d. Most products are cooked or prepared and served immediately; or (4-6-23)
e. Hot and cold holding of TCS foods is restricted to minimal holding between preparation and service. (4-6-23)
05. Priority Item. A provision in the incorporated Food Code whose application contributes directly to the elimination, prevention, or reduction to an acceptable level, hazards associated with foodborne illness or injury, and there is no other provision that more directly controls the hazard. A priority item includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, handwashing, and is an item that is denoted in the incorporated Food Code with a superscript (P). (4-6-23)
06. Priority Foundation Item. A provision in the incorporated Food Code whose application supports, facilitates, or enables one (1) or more priority items. Priority foundation item includes an item that requires the purposeful incorporation of specific actions, equipment, or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling. A priority foundation item is an item that is denoted in the incorporated Food Code with a superscript (Pf). (4-6-23)
07. Regulatory Authority. The Department is the regulatory authority authorized to enforce compliance of these rules. (4-6-23)
a. The Department is responsible for preparing the rules, rule amendments, standards, policy statements, operational procedures, program assessments, and guidelines. (4-6-23)
b. The seven (7) Public Health Districts have been assigned and the Division of Licensing and Certification has been designated by the Director as the regulatory authority for the purpose of issuing licenses, collecting fees, conducting inspections, reviewing plans, determining compliance with the rules, investigating complaints and illnesses, examining food, embargoing food, and enforcing these rules. (4-6-23)
08. Risk Control Plan. A document describing the specific actions to be taken by the license holder to address and correct a continuing hazard or risk within the food establishment. (4-6-23)
09. Risk Factor Violation. Improper practices or procedures that are most frequently identified by epidemiologic investigation as a cause of foodborne illness or injury. (4-6-23)
10. Roadside Stand. Any fixed or mobile retail food establishment at which an individual farmer
producer sells their own agricultural products directly to consumers. Roadside stand means the same as “agricultural market” and “farmers market.” (4-6-23)
11. TCS. Time/Temperature Control for Safety. (4-6-23)
112. -- 199. (RESERVED)
Sections 200 through 299 of these rules will be used for modifications and additions to Chapter 2 of the incorporated Food Code. (4-6-23)
Modification to Section 2-101.11. The license holder will be the person in charge or will designate a person in charge and will ensure that a person in charge is present at the food establishment during all hours of food preparation and service. (4-6-23)
202. -- 209. (RESERVED)
Modification to Section 2-102.11. The person in charge of a food establishment may demonstrate knowledge on the risks of foodborne illness or health hazards by one (1) of the following. (4-6-23)
01. No Priority Violations. Complying with the incorporated Food Code by not having any priority violations at the time of inspection; (4-6-23)
02. Approved Courses. Completion of the Idaho Food Safety Exam, or an equivalent course designed to meet the same training as the Idaho Food Safety Exam; or (4-6-23)
03. Certified Food Protection Manager. Being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program. (4-6-23)
211. -- 299. (RESERVED)
Sections 300 through 399 of these rules will be used for modifications and additions to Chapter 3 of the incorporated Food Code. (4-6-23)
301. -- 319. (RESERVED)
01. Custom Meat. Meat that is processed for individual owner(s) by a custom butcher, under the custom exemption in 9 CFR 303.1, “Mandatory Meat Inspection Exemptions,” must be marked “Not For Sale” and may not be sold, served, or given away to any member of the public. This meat must be for the use in the household of such owner(s), their families, non-paying guest, and employees only. (4-6-23)
02. Poultry Exemption. Poultry that is exempt in 9 CFR 381.10, Subpart C, “Mandatory Poultry Products Inspection Exemptions” may be sold, served, or given away in Idaho, if it is processed in a licensed food processing facility and is labeled “Exempt from USDA Inspection per PL 492.” (4-6-23)
321. -- 324. (RESERVED)
Modification to Section 3-201.17(A)(4), is made by deleting Section 3-201.17(A)(4) and replacing it with this rule. (4-6-23)
01. Field Dressed Game Animals. Uninspected wild game animals and wild poultry may be custom-
processed or prepared and served upon request by an individual having ownership of the animal. Except as allowed in Subsection 325.04 of this rule, uninspected wild game animals and wild poultry must be processed for or served to that owner and for the family or guests of that individual animal owner only. (4-6-23)
02. Processing Game Animals. Game animals and birds are to be completely separated from other food during storage, processing, preparation, and service with the use of separate equipment or areas or by scheduling and cleaning, providing there is compliance with the following: (4-6-23)
a. Slaughtering and cleaning of game animals or birds cannot be done in the food establishment, except for meat processing establishments with kill floors; (4-6-23)
b. Game animals and other animal carcasses are free of any visible dirt, filth, fecal matter, or hair before such carcasses enter the food establishment, except for meat processing establishments with kill floors; and (4-6-23)
c. An identifying tag with the owner's name must be on each carcass or divided parts and packaged or wrapped parts; and (4-6-23)
d. Each carcass or divided parts and packaged or wrapped parts are marked or tagged with a 'Not for sale' label. Except as allowed in Subsection 325.04 of this rule, these may not be sold, given away, or served to any members of the public. (4-6-23)
03. Uninspected Game Animals. Any uninspected game animals prepared and served in a food establishment may only be prepared and served at the request of the owner of the animals for the owner and invited family or friends at a private dinner. Except as allowed in Subsection 325.04 of this rule, these animals may not be served, sold, or given away to any members of the public. (4-6-23)
04. Donated Game Meat. Legally harvested game meat may be donated to a food bank or food pantry when the following conditions are met: (4-6-23)
a. The end recipient of the donated game meat signs an acknowledgment statement indicating that they are aware that the meat has been donated and that the meat itself is uninspected, wild-harvested game meat. (4-6-23)
b. The game meat must have been processed by: (4-6-23)
i. A facility that is subject to inspection by the regulatory authority with jurisdiction over meat products; (4-6-23)
ii. The facility packages the game meat into portions that require no further processing or cutting by the food bank or food pantry. (4-6-23)
c. The meat is labeled by the processor with the following: (4-6-23)
i. Species identification; (4-6-23)
ii. The name and address of the meat processing facility; and (4-6-23)
iii. The words 'Processed for Donation or Private Use' and 'Cook to 165° F.' (4-6-23)
326. -- 354. (RESERVED)
Food processing plants, establishments, canning factories, or operations must meet the requirements in Chapters 1 through 8 of the incorporated Food Code, and this rule. (4-6-23)
01. Thermal Processing of Low-Acid Foods. Low-acid food products processed using thermal
methods for canning must meet the requirements of 21 CFR 113. (4-6-23)
02. Processing of Acidified Foods. Acidified food products must meet the requirements of 21 CFR 114. (4-6-23)
03. Bottled Water Processing. Bottled drinking water processed in Idaho must be from a licensed processing facility that meets the requirements of 21 CFR 129. Bottled drinking water must also meet the quality and monitoring requirements in 21 CFR 165. (4-6-23)
04. Approval of Process Methods. A variance by the regulatory authority must be approved and granted for specialized processing methods for products listed in Section 3-502.11. (4-6-23)
05. Labels. Proposed labels must be submitted to the regulatory authority for review and approval before printing. (4-6-23)
06. Testing. The license holder is responsible for chemical, microbiological, or extraneous material testing procedures to identify failures or food contamination of food products being processed or manufactured by the license holder. (4-6-23)
07. Quality Assurance Program. The license holder or their designee must develop and submit to the regulatory authority for review and approval a quality assurance program or HACCP plan that covers the food processing operation and includes the following: (4-6-23)
a. An organization chart identifying the person responsible for quality control operations; (4-6-23)
b. A process flow diagram outlining the processing steps from the receipt of the raw materials to the production and packaging of the finished product(s) or group of related products; (4-6-23)
c. A list of specific points in the process that are critical control points that have scheduled monitoring; (4-6-23)
d. Product codes that establish and identify the production date and batch; (4-6-23)
e. A manual covering sanitary maintenance of the facility and hygienic practices to be followed by the employees; and (4-6-23)
f. A records system allowing for review and evaluation of all operations including the quality assurance program results. These records must be kept for a period of time that exceeds the shelf life of the product by six (6) months or for two (2) years, whichever is less. (4-6-23)
356. -- 359. (RESERVED)
360. ADVISING CONSUMERS OF HEALTH RISK OF RAW OR UNDERCOOKED FOODS. Modification to Section 3-603.11. (4-6-23)
01. Consumption of Animal Foods That Are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens. Except as specified in Section 3-401.11(C) and Subparagraph 3-401.11(D)(3) and under Section 3-801.11(D), if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish that is raw, undercooked or not otherwise processed to eliminate pathogens is offered in a ready-to-eat form as a deli, menu, vended, or other item, or as a raw ingredient in another ready-to-eat food, the license holder must inform the consumers of health risks. (4-6-23)
02. How to Inform Consumers of Health Risk. The license holder must use any effective means to inform consumers of potential health risks. Some effective ways that may be used to inform consumers are: brochures, deli case placards, signs or verbal warnings that state, “Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.” (4-6-23)
The regulatory authority may order the license holder or other person who has custody of misbranded food to destroy, denature, or recondition adulterated or misbranded food under Section 37-118, Idaho Code. See Section 851 of these rules for embargo, tagging, storage, and release of adulterated or misbranded food. (4-6-23)
Sections 600 through 699 of these rules will be used for modifications and additions to Chapter 6 of the incorporated Food Code. (4-6-23)
Modifications to Section 6-202.111. Except for cottage food operations, a private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting food establishment operations. Residential assisted living facilities designed to be a homelike environment, are exempted from Section 6-202.111. (4-6-23)
Sections 700 through 799 of these rules will be used for modifications and additions to Chapter 7 of the incorporated Food Code. (4-6-23)
Modifications to Section 7-207.11. (4-6-23)
01. Medicines Allowed in a Food Establishment. Only those medicines that are necessary for the health of employees, patients, or residents in a care facility are allowed in a food establishment. Subsection 720.01 of this rule does not apply to medicines that are stored or displayed for retail sale. (4-6-23)
02. Labeling of Medicines. Medicines that are in a food establishment for the employees, patients, or residents use must be labeled as specified under Section 7-101.11 and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles. (4-6-23)
Modification to Section 7-207.12. Medicines belonging to employees, patients, or residents in a care facility that require refrigeration may be stored in a food refrigerator using the following criteria: (4-6-23)
01. Medicines Stored in a Leak-Proof Container. Medicines must be stored in a package or container and kept inside a covered, leak-proof container that is identified as a container for the storage of medicines. (4-6-23)
02. Accessibility of Stored Medicines. Medicines will be stored to permit access to self-medicating patients or residents to their individual medication. Authorized staff in a care facility also have access to these medications. (4-6-23)
Sections 800 through 899 of these rules will be used for modifications and additions to Chapter 8 of the incorporated Food Code. (4-6-23)
01. To Apply for a Food Establishment License. To apply, the application and fee is submitted to the “regulatory authority” as defined in Section 111 of these rules. (4-6-23)
02. Food License Expiration. The license for an Idaho food establishment expires on December 31st of each year. (4-6-23)
03. Renewal of License. A renewal application and a license fee must be submitted to the regulatory authority by December 1st of each year for the next calendar year starting January 1st. (4-6-23)
04. Summary Suspension of License. A license may be immediately suspended under Section 831 of these rules. Reinstatement of a license after a summary suspension does not require a new application or fee unless the license is revoked. (4-6-23)
05. Revocation of License. When corrections have been made to a food establishment whose license has been revoked under Section 860 of these rules, a new application and fee must be submitted to the regulatory authority. (4-6-23)
06. License is Non-Transferable. A license is not transferable when ownership changes under Section 8-304.20 of the incorporated Food Code. (4-6-23)
The regulatory authority may summarily suspend a license to operate a food establishment when it determines an imminent health hazard exists. (4-6-23)
01. Reasons a Summary Suspension May Be Issued. When a food establishment does not follow the principles of food safety, a foodborne illness is found, or an environmental health hazard exists and public safety cannot be assured by the continued operation of the food establishment, a summary suspension may be issued. The following are some reasons the regulatory authority may determine a summary suspension is necessary: (4-6-23)
02. Prior Notification Is Not Required for a Summary Suspension. Upon providing a written notice of summary suspension to the license holder or person in charge, the regulatory authority may suspend a food establishment's license without prior warning, notice of hearing, or hearing. (4-6-23)
03. Written Notice of Summary Suspension. The regulatory authority must give the license holder or person in charge a written notice with the following information when suspending a license. (4-6-23)
c. The name and address of the regulatory authority representative to whom a written request for re-inspection can be made and who can certify the reasons for the suspension have been eliminated; (4-6-23)
d. A statement notifying the food establishment of its right to an informal hearing with the regulatory authority upon submission of a written request within fifteen (15) days of receiving the summary suspension notice; (4-6-23)
e. A statement informing the food establishment that proceedings for revocation of its license will be initiated by the regulatory authority if violations are not corrected; and (4-6-23)
f. The right to appeal to the Department under Section 861 of these rules. (4-6-23)
04. Length of Summary Suspension. The suspension will remain in effect until the conditions cited in the notice of suspension no longer exist and their elimination has been confirmed by the regulatory authority during a re-inspection. (4-6-23)
05. Re-Inspection of Food Establishment. The regulatory authority will conduct a re-inspection of the food establishment within two (2) working days of receiving a written request stating the condition for the suspension no longer exists. (4-6-23)
06. Reinstatement of License. The regulatory authority will immediately reinstate the suspended license if the re-inspection determines the public health hazard no longer exists. The regulatory authority will provide a written notice of reinstatement to the license holder or person in charge. (4-6-23)
832. -- 839. (RESERVED)
Modification to Section 8-401.10. (4-6-23)
01. Inspection Interval Section 8-401.10(A). Except as specified in Section 8-401.10(C), the regulatory authority must inspect a food establishment at least once every twelve (12) months. (4-6-23)
02. Section 8-401.10(B). This section has not been adopted. (4-6-23)
03. Section 8-401.10(C). This section is adopted as published. (4-6-23)
04. Section 8-405.11. This section is adopted with the following modifications: (4-6-23)
a. Delete Section 8-405.11(B)(1); and (4-6-23)
b. Amend Section 8-405-11(B)(2) to ten (10) calendar days after the inspection for the permit holder to correct priority or priority foundation items or HACCP plan deviations. (4-6-23)
The regulatory authority will provide the license holder an inspection report with a total score indicating the number of risk factor violations and the number of repeat risk factor violations added together. Repeat violations are those observed during the last inspection. The inspection report will also score the total number of good retail practice violations and the number of repeat good retail practice violations. These scores will be used to determine if a follow-up inspection or a written report of correction is needed to verify corrections have been made. (4-6-23)
01. Medium-Risk Food Establishment. If the risk factor violations exceed three (3), or good retail practice violations exceed six (6), an onsite follow-up inspection is required for verification of correction by the regulatory authority. (4-6-23)
02. High-Risk Food Establishment. If the risk factor violations exceed five (5), or good retail practice violations exceed eight (8), an onsite follow-up inspection is required for verification of correction by the regulatory
authority.
(4-6-23)
03. Written Violation Correction Report. A written violation correction report by the license holder may be provided to the regulatory authority if the total inspection score of the food establishment does not exceed those listed in Section 845 of these rules. The report must be mailed within five (5) days of the correction date identified on the inspection report. (4-6-23)
In addition to Section 8-405.20 of the incorporated Food Code, the onsite follow-up inspection may not be required for verification of correction if the regulatory authority chooses to accept a written report of correction from the license holder. (4-6-23)
01. Written Report of Correction. The regulatory authority may choose to accept a written report of correction from the license holder stating that specific violations have been corrected. The license holder must submit this report to the regulatory authority within five (5) days after the correction date identified on the inspection report. (4-6-23)
a. Medium-risk food establishment. If the risk factor violations do not exceed three (3), or the good retail practice violations do not exceed six (6), a follow-up inspection is not required for verification of correction. (4-6-23)
b. High-risk food establishment. If the risk factor violations do not exceed five (5), or the good retail practice violations do not exceed eight (8), a follow-up inspection is not required for verification of correction. (4-6-23)
02. Risk Control Plan. The regulatory authority may require the development of a risk control plan as verification of correction. The risk control plan must provide documentation on how the license holder will obtain long-term correction of priority violations that are repeated violations, including how control will be monitored and who will be responsible. (4-6-23)
01. Follow-Up Inspection. If a follow-up inspection reveals that priority, priority foundation, or core violations identified on a previous inspection have not been corrected or still exist, an enforcement inspection may be made. (4-6-23)
02. Written Notice. The license holder will receive written notice on the inspection form of the specific date for an enforcement inspection. This date must be within fifteen (15) days of the current or follow-up inspection. (4-6-23)
03. Enforcement Inspections on Consent Order. When a compliance conference results in a consent order and includes a compliance schedule to correct violations without further regulatory action, all inspections by the regulatory authority to satisfy the compliance schedule will be considered enforcement inspections until the next annual inspection. (4-6-23)
04. Regulatory Action. If the violations have not been corrected by the date of the enforcement inspection, regulatory action will be initiated to revoke the license issued to the food establishment. (4-6-23)
The regulatory authority may order the license holder or other person who has custody of adulterated or misbranded food to destroy, denature, or recondition adulterated or misbranded food under Section 37-118, Idaho Code. The following procedures apply: (4-6-23)
01. Serving an Embargo Order. An embargo order must be served by one (1) of the following ways: (4-6-23)- a. Delivered personally to the license holder or person in charge of the food establishment; or (4-6-23) - b. Posted at a public entrance to the food establishment, provided a copy of the notice is sent by first-class mail to the license holder or the person in charge of the embargoed food. (4-6-23)02. The Embargo Order Is Effective When Served. The embargo order is effective at the time the notice is delivered to the license holder or person in charge, or when the notice is posted. (4-6-23)03. Tagging Embargoed Food. The regulatory authority must securely place an official tag or label on food or containers identified as food subject to the hold order. (4-6-23)04. Storage of Embargoed Food. The regulatory authority allows storage of food under conditions specified in the embargo order, unless storage is not possible without risk to the public health. The regulatory authority may order immediate destruction of the adulterated or misbranded food for public safety. (4-6-23)05. Removal of Embargo Tag or Label. The removal of the embargo tag, label, or other identification from food under embargo must be done by the regulatory authority. (4-6-23)06. Embargo Release. The issue of release and removal of the embargo tag, label, or other identification from the suspected food when it is not adulterated or misbranded must be done by the regulatory authority. (4-6-23)
The regulatory authority may revoke the license issued to a food establishment when the license holder fails to comply with these rules or the operation of the food establishment is a hazard to public health. (4-6-23)
misbranded food. (4-6-23)
h. Failure to comply with a regulatory authority order issued when an employee is suspected of having a communicable disease. See Chapter 2 of the incorporated Food Code on employee health. (4-6-23)
02. Notice to Revoke a License. The regulatory authority must notify the license holder of the food establishment in writing of the intended revocation of the license. See Section 861 of these rules for appeal process. The notice must include Subsections 860.02.a. through 860.02.c. of this rule: (4-6-23)
a. The specific reasons and Sections of the Idaho Food Code that are in violation and the cause for the revocation; (4-6-23)
b. The right of the license holder to request in writing a compliance conference with the regulatory authority within fifteen (15) days of the notice; and (4-6-23)
c. The right of the license holder to appeal in writing to the Department. See Subsection 861.02 of these rules. (4-6-23)
d. The following is sufficient notification of the license holder's appeal rights: 'You have the right to request in writing a compliance conference with (name and address of designated health district official) within fifteen (15) days of the receipt of this notice. You may also appeal the revocation of your license to the Director by filing a written appeal with the Department as provided in IDAPA 16.05.03, 'Contested Case Proceedings and Declaratory Rulings,' within fifteen (15) days of the receipt of this notice, or if a timely request is made for a compliance conference and the matter is not resolved by a consent order, within five (5) working days following the conclusion of the compliance conference.' (4-6-23)
03. Effective Date of Revocation. The revocation will be effective fifteen (15) days following the date of service of notice to the license holder, unless an appeal is filed or a timely request for a compliance conference is made. If a compliance conference is requested and the matter is not resolved by a consent order, the revocation will be effective five (5) working days following the end of the conference, unless an appeal is filed with the Director within that time. See Section 861 of these rules for compliance conference, consent order, and appeal process. (4-6-23)
A license holder may appeal a summary suspension, notice of revocation, other action, or failure to act by the regulatory authority that adversely affects the license holder. A summary suspension or other emergency order is not stayed during the appeal process. (4-6-23)
01. Compliance Conference. The license holder may request in writing a compliance conference with the regulatory authority within fifteen (15) days of receipt of the notice or action by the regulatory authority. If a timely request for a compliance conference is made, a compliance conference will be scheduled within twenty (20) days and conducted in an informal manner by the regulatory authority. At the compliance conference the license holder may explain the circumstances of the alleged violations and propose a resolution for the matter. (4-6-23)
a. If the compliance conference results in an agreement between the license holder and the regulatory authority to remedy circumstances giving rise to the action and to assure future compliance, the agreement must be put in written form and signed by both parties. This written agreement constitutes an enforceable consent order. (4-6-23)
b. Unless otherwise specifically stated in the consent order, the agreement will be for the duration of the existing license only. (4-6-23)
02. Appeal to the Director. The license holder may appeal in writing to the Director within fifteen (15) days of receipt of the notice of action by the regulatory authority, or if a timely request for a compliance conference was made, within five (5) working days following the completion of the compliance conference. (4-6-23)
862. -- 889. (RESERVED)
The regulatory authority may choose to enforce the provisions of these rules and its administrative orders through the courts. (4-6-23)
01. Criminal Proceedings. Misdemeanor proceedings to enforce these rules, federal regulations, and the enabling statutes may be instituted as provided in Sections 37-117, 37-119, 37-2103, and 56-1008, Idaho Code. These statutes provide for fines or terms of imprisonment that may be sought through the court of competent jurisdiction. (4-6-23)
02. Civil Proceedings. Civil enforcement actions may be commenced and prosecuted in the district court in the county where the alleged violation occurred under Sections 56-1009 and 56-1010, Idaho Code. The person who is alleged to have violated any statute, rule, federal regulation, license, or order may be charged in the court proceeding. This action may be brought to compel compliance with these rules, regulations, license, or order for relief or remedies authorized in these rules. (4-6-23)
03. Injunctive Relief. In addition to other remedies provided by law, Section 56-1009, Idaho Code, allows for a search warrant to gain access and injunctions to be issued in the name of the state against any person or entity to enjoin them from violating these rules, regulations, statutes, or administrative orders. (4-6-23)
891. -- 999. (RESERVED)