37-2606. SUSPENSION OF ENRICHMENT DURING SHORTAGE. If the director finds that there is an existing or imminent shortage of any ingredient required by section 37-2602 or 37-2603, Idaho Code, and that because of such shortage the sale and distribution of flour, white bread, or rolls may be impeded by the enforcement of sections 37-2601—37-2610, Idaho Code, he shall issue an order, to be effective immediately upon issuance, permitting the omission of such ingredient from flour, white bread, or rolls and, if he finds it necessary, or appropriate, excepting such foods from labeling requirement until the further order of the director. Any such findings may be made without hearing, on the basis of an order or of factual information supplied by the appropriate federal agency or officer. In the absence of any such order of the appropriate federal agency or factual information supplied by it, the director on his own motion may, and upon receiving the sworn statements of ten (10) or more persons subject to sections 37-2601—37-2610, Idaho Code, that they believe such a shortage exists or is imminent shall, (1) within twenty (20) days thereafter hold a public hearing with respect thereto at which any interested person may present evidence and (2) make findings based upon evidence presented. The director shall publish a notice in a newspaper, having a general circulation in the state, of any such hearing at least ten (10) days prior thereto. Whenever the director has reason to believe that such shortage no longer exists, he shall hold a public hearing, after at least ten (10) days notice shall have been published in a newspaper having a general circulation in the state, at which any interested person may present evidence, and he shall make findings based upon the evidence presented. If his findings be that such shortage no longer exists, he shall issue an order to become effective not less than thirty (30) days after publication thereof, revoking such previous order; provided that undisposed floor stocks of flour on hand at the effective date of such revocation order or flour manufactured prior to such effective date for sale in this state may thereafter be lawfully sold or disposed of.

History:

[37-2606, added 1961, ch. 109, sec. 6, p. 164; am. 1974, ch. 18, sec. 221, p. 364.]