# Idaho Code § 37-122: 37-122 FOOD DEEMED ADULTERATED

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-122

## Section

- **Citation:** Idaho Code § 37-122
- **Heading:** 37-122 FOOD DEEMED ADULTERATED
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 37 / Chapter 1 / Section 37-122

## Text

37-122. Food deemed adulterated. A food shall be deemed to be adulterated–(a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or (2) if it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of section 37-125; or (3) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or (5) if it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(b) (1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (2) if any substance has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

(c) If it is confectionery and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one per centum (.4%), harmless natural gum, and pectic; Provided, that this paragraph shall not apply to any confectionery by reason of its containing less than one-half of one per centum (.5%) by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substances.

(d) If it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act.

History:

[37-122, added 1959, ch. 153, sec. 10, p. 351.]

## Nearby sections

- [Idaho Code § 37-113 37-113 SHORT TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-113.md)
- [Idaho Code § 37-114 37-114 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-114.md)
- [Idaho Code § 37-115 37-115 PROHIBITED ACTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-115.md)
- [Idaho Code § 37-116 37-116 INJUNCTIONS AUTHORIZED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-116.md)
- [Idaho Code § 37-117 37-117 VIOLATIONS — PENALTY — EXCEPTIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-117.md)
- [Idaho Code § 37-117A 37-117A REPORTING AND DISCLOSURE REQUIREMENTS FOR EMPLOYMENT RELATED ADULTERATION OR MISAPPROPRIATION OF CERTAIN DRUGS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-117A.md)
- [Idaho Code § 37-118 37-118 TAGGING AND DETENTION OF ARTICLE OR PRODUCT SUSPECTED OF BEING ADULTERATED OR MISBRANDED — EMBARGO AND CONDEMNATION UNDER CERTAIN CONDITIONS AND BY CERTAIN PROCEDURES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-118.md)
- [Idaho Code § 37-119 37-119 PROSECUTIONS OF VIOLATIONS — RIGHT OF PARTY TO NOTICE AND PRESENTATION OF VIEWS PRIOR TO PROSECUTION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-119.md)
- [Idaho Code § 37-121 37-121 PROMULGATION OF REASONABLE STANDARDS BY BOARD.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-121.md)
- [Idaho Code § 37-122 37-122 FOOD DEEMED ADULTERATED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-122.md)
- [Idaho Code § 37-123 37-123 FOOD DEEMED MISBRANDED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-123.md)
- [Idaho Code § 37-124 37-124 CONTAMINATION OF FOOD WITH MICROORGANISMS — PERMIT REGULATIONS — ACCESS TO FACTORY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-124.md)
- [Idaho Code § 37-125 37-125 POISONOUS OR DELETERIOUS SUBSTANCE — REGULATIONS AS TO USE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-125.md)
- [Idaho Code § 37-126 37-126 DRUGS OR DEVICES DEEMED ADULTERATED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-126.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-122. Check the current official text before relying on it. Not legal advice.