Idaho Admin. Code r. 16.02.19.001 - TITLE, SCOPE AND APPLICABILITY

Current through August 30, 2021

01. Title. These rules are titled IDAPA 16.02.19, "Idaho Food Code." (7-1-21)T

02. Scope. 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. (7-1-21)T

03. These Rules Apply to Food Establishments. Food establishments as defined in Section 39-1602, Idaho Code must follow these rules. Those facilities include but are not limited to the following: (7-1-21)T

a. Restaurants, catering facilities, taverns, kiosks, vending facilities, commissaries, cafeterias, mobile food facilities, temporary food facilities; and (7-1-21)T

b. Schools, senior centers, hospitals, residential care and treatment facilities, nursing homes, correctional facilities, camps, food banks, and church facilities; and (7-1-21)T

c. Retail markets, meat, fish, delicatessen, bakery and supermarkets, convenience stores, health food stores, and neighborhood markets; and (7-1-21)T

d. Food, water and beverage processing and bottling facilities that manufacture, process and distribute food, water and beverages within the state of Idaho, and are not inspected for food safety by a federal agency. (7-1-21)T

04. These Rules Do Not Apply to These Establishments. These rules do not apply to the following establishments as exempted in Idaho Code. (7-1-21)T

a. Agricultural markets as exempted in Section 39-1602, Idaho Code. (7-1-21)T

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 as defined in Section 39-1602, Idaho Code.' (7-1-21)T

c. Day care facilities regulated by Sections 39-1101 through 39-1119, Idaho Code. (7-1-21)T

d. Licensed outfitters and guides regulated by Sections 36-2101 through 36-2119, Idaho Code. (7-1-21)T

e. Low-risk food establishments, as exempted in Section 39-1602, Idaho Code, which offer only non-time/temperature control for safety (non-TCS) foods. (7-1-21)T

f. Farmers market vendors and roadside stands that only offer or sell non-time/temperature control for safety (non-TCS) foods or cottage foods. (7-1-21)T

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 which are non-time/temperature control for safety (non-TCS). For all other food, it must not be served more than one (1) meal per week. (7-1-21)T

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. (7-1-21)T

i. Cottage food operations, when the consumer is informed and must be provided contact information for the cottage food operations as follows: (7-1-21)T

i. By a clearly legible label on the product packaging; or a clearly visible placard at the sales or service location that also states: (7-1-21)T

ii. The food was prepared in a home kitchen that is not subject to regulation and inspection by the regulatory authority; and (7-1-21)T

iii. The food may contain allergens. (7-1-21)T

05. How to Use This Chapter of Rules. The rules in this chapter are modifications, additions or deletions made to the federal publication incorporated by reference in Section 004 of these rules. In order to follow these rules the publication is required. Changes to those standards are listed in this chapter of rules by listing which section of the publication is being modified at the beginning of each section of rule. (7-1-21)T

Notes

Idaho Admin. Code r. 16.02.19.001