• Product Safety Standards & Regulations in Idaho: An Overview

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    Idaho Product Safety Regulations

    Certain products sold in Idaho are subject to local product safety, labeling, documentation, and testing requirements. In this guide, we cover product regulations in Idaho applicable to cosmetics, batteries, electronic cigarettes, and more.

    Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Idaho. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.

    Idaho Food, Drug and Cosmetic Act

    The Idaho Food, Drug and Cosmetic Act prohibits the manufacture, sale, or delivery of any food, drug, device, or cosmetic that is misbranded or adulterated. It set out the labeling requirements for the above-mentioned products categories.

    Product Scope

    The Idaho Food, Drug and Cosmetic Act applies to food, drug, and cosmetic products.

    Food

    The act defines food as food or drink for man or other animals, chewing gum, or similar products. Examples of such products include:

    • Bread
    • Chocolate
    • Juice

    Drugs

    The act defines drugs as articles used to diagnose, cure, mitigation, treatment, or prevention of disease in man or other animals, or supplements.

    Examples of such products include:

    • Painkillers
    • Sedative
    • Appetizer
    • Food supplements

    Cosmetics

    The act defines cosmetics as articles intended to be rubbed, poured, introduced into, or applied to the human body for cleansing, beautifying, or altering the appearance. Examples of such products include:

    • Moisturizer
    • Talcum powder
    • Shampoo
    • Shower gel
    • Deodorant
    • Hair gel
    • Manicure and pedicure products
    • Perfume
    • Make-up products

    Requirements

    Title 37 outlines the definitions of the food, drugs, and cosmetics that are deemed adulterated and misbranded.

    Food, drug, and cosmetic products are considered adulterated and are prohibited under these conditions:

    a. If the products contain any toxic or filthy, decomposed substances that are harmful to the users

    b. If the products are prepared, packed, or kept in unsanitary conditions and the products might be contaminated

    c. If the product labeling is incorrect, incomplete or misleading

    Labeling

    The products covered by this act are considered misbranded and are prohibited if:

    a. the labeling information is false or misleading

    b. The package products do not bear the name and place of business of the manufacturer, packer, or distributor

    c. The package products do not display the quantity of the contents in terms of weight, measure, or numerical count

    d. The container is so made, formed, or filled as to be misleading (e.g. the container has slack-fill and prevents the consumers from seeing the contents)

    The following behaviors are also prohibited by the act:

    a. Manufacturers or sellers alter, destroy, or remove any part of the label without permission

    b. Manufacturers or sellers forge, counterfeit, simulate any mark, stamp, tag, label, or other identification authorized or required by regulations without the approval or confirmation by the authorities

    Sale and Disposal of Batteries

    Title 39, Chapter 70 of Idaho Statutes on Sale and Disposal of Batteries set up requirements for lead-acid batteries regarding sales, purchase, disposal, notification, and handling fees. These requirements are applicable to lead-acid battery manufacturers, wholesalers, retailers, or recycling agencies.

    Product Scope

    The requirements of this section apply to lead-acid batteries with a core of elemental lead and a capacity of six 6 or more volts. These batteries are used to power products such as:

    • Farm electrical equipment
    • Construction electrical equipment
    • Motor vehicles
    • Boats

    Requirements

    Section 39-7002 of Idaho Statutes prohibits the disposal of lead-acid batteries into landfills or the incineration of them. The lead-acid battery wholesalers or retailers should deliver the used batteries to either the lead-acid battery manufacturer or qualified battery recycling agencies.

    Section 39-7003 of Idaho Statutes requires that the seller of lead-acid batteries shall accept used lead-acid batteries from the consumers. The lead-acid battery sellers should also post a written notice in the public sales area which contains the following information:

    “It is unlawful to dispose of a motor vehicle battery or other lead-acid battery in a landfill or an unauthorized site.”

    Recycle all used batteries.”

    The lead-acid battery sellers are entitled by this law to charge each buyer $10 USD of handling fee at each purchase of the new lead-acid battery unless the battery is returned in 30 days.

    E-cigarette Regulations

    The Idaho e-cigarette Regulations specify mandatory requirements regarding the labeling, packaging, warning statement, and sales in the state of Idaho. These requirements apply to manufacturers, retailers, wholesalers, distributors, and buyers in Idaho.

    Product Scope

    The requirements of the e-cigarette regulations apply to these electronic smoking devices such as:

    • Electronic pipes
    • Vape pens
    • Electronic hookahs

    The regulations also cover any components, parts, or accessories of the electronic smoking devices such as:

    • Filters
    • Rolling papers
    • Blunt or hemp wraps
    • Pipes
    • Electronic liquid
    • Tanks

    Requirements

    The e-cigarette Regulations of Idaho forbid the sales or distribution of electronic cigarettes to minors (people under the age of 18 years old).

    It is also illegal for anyone under 18 to purchase or possess electronic cigarettes.

    Documentation

    Sellers of electronic cigarettes must register with the Idaho Department of Health and Welfare and acquire a sales permit before they are allowed to sell electronic cigarettes in Idaho.

    Labelling

    The e-cigarette Regulations of Idaho prohibit the sales or distribution of tobacco products or electronic smoking devices that are not properly labeled with federally required sealed packages, warning labels, or health warnings.

    For example, FDA requires that electronic cigarettes containing nicotine must indicate the following language in the packaging:

    “WARNING: This product contains nicotine. Nicotine is an addictive chemical.”

    Modular Buildings

    Title 39, Chapter 43 of Idaho Statutes sets out rules for the installation, safety standards, documentation, and labeling requirements for modular buildings in Idah, such as commercial coaches, or mobile homes.

    Product Scope

    The requirements of Idaho modular building rules apply to modular buildings installed in the State of Idaho, such as for example:

    • Mobile homes
    • Commercial coaches
    • Factory built structures

    Requirements

    Section 39-43 outlines the requirements for setting up modular buildings in Idaho. It requires that the installation of modular buildings must be approved by the Idaho Division of Building Safety and the building must bear the insignia of approval of the division.

    The insignia proves the modular building’s compliance with Idaho codes and standards for building/structural, electrical, mechanical, and plumbing systems.

    o know more details in standards, you can check the brochure Idaho Manufactured Home Installation Standard published by the State of Idaho Division of Building Safety in 2018.

    Documentation

    The contractor of the modular buildings must apply for the insignia before they are allowed to install the buildings. To review the application process, you can check this page from the State of Idaho Division of Building Safety Modular Buildings.

    Labelling

    The Idaho modular building rules require that the insignia of approval should be placed on the front, left-hand side of the building.

    Lab Testing

    Manufacturers and contractors of the modular buildings must make sure that their buildings comply with the Idaho standards for the structural, electrical, mechanical, and plumbing systems for modular buildings.

    Product Liability

    Chapter 14 of the Idaho Statutes explains the manufacturer’s product liability and responsibility in terms of design, manufacturing, and marketing activities.

    Product Scope

    Technically speaking, product liability applies to consumer products circulated in the market. Examples of these products include:

    Requirements

    Product liability actions in Idaho can be filed due to negligence, strict liability, and breach of warranty.

    The plaintiff can file a lawsuit against the product manufacturer and claim that their harm was caused by a design defect, manufacturing defect, or insufficient warnings. This means that product manufacturers have the responsibility for unreasonable defects that cause injury or loss to the claimants.

    Learn More

    Regulation Website
    Idaho Food, Drug and Cosmetic Act Link
    Sale and Disposal of Batteries Link
    e-cigarette Regulations Link
    Modular Buildings Link
    Product Liability Link
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    Disclaimer: The content on this website is provided for general information only. The content includes summaries written by our team members based on publicly available information about product safety standards, labeling, documentation, testing, processes, and other product compliance related topics. However, we don’t guarantee that we cover every single relevant regulation/standard/requirement, or that the information is free from errors, or covering every single scenario and exemption. We do make mistakes from time to time. We never provide legal advice of any sort.

    Changes/Updates: Product standards and substance restrictions are subject to frequent updates and changes. In addition, new regulations, standards, and/or requirements may also become effective at any time. We don’t update our articles whenever new standards/regulations/rules are added or changed. We recommend that you consult a lab testing company or other professional to get the latest information about mandatory standards/regulations in your market, country, or state. Lab testing companies generally stay up to date on new and updated standards and regulations.

    National/State-Level Standards/Regulations: Many articles don't cover all European national and US state standards, regulations, and requirements. We recommend that you consult a testing company or other professional to confirm all relevant (and current) national/state level standards and regulations.
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