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.
The Idaho Food, Drug and Cosmetic Act applies to food, drug, and cosmetic products.
The act defines food as food or drink for man or other animals, chewing gum, or similar products. Examples of such products include:
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:
- Food supplements
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:
- Talcum powder
- Shower gel
- Hair gel
- Manicure and pedicure products
- Make-up products
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
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.
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
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.
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.
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:
- Rolling papers
- Blunt or hemp wraps
- Electronic liquid
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.
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.
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.”
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.
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
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.
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.
The Idaho modular building rules require that the insignia of approval should be placed on the front, left-hand side of the building.
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.
Chapter 14 of the Idaho Statutes explains the manufacturer’s product liability and responsibility in terms of design, manufacturing, and marketing activities.
Technically speaking, product liability applies to consumer products circulated in the market. Examples of these products include:
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.
|Idaho Food, Drug and Cosmetic Act||Link|
|Sale and Disposal of Batteries||Link|