Section
050 applies to the enforcement of
Raw Milk Permits. (3-31-22)
01.
Permit Suspension. The Department may suspend a permit whenever it
has reason to believe that a public health hazard exists, whenever the permit
holder has violated any of the requirements of these rules, or whenever the
permit holder has interfered with the Department in the performance of its
duties. (3-31-22)
a. Prior to suspending a
permit, the Department will serve a written notice of intent to suspend the
permit that specifies the alleged violation(s). Reasonable opportunity to
correct the violation(s) will be given before the permit suspension order
becomes effective. A permit suspension will remain in effect until the
violation has been corrected to the satisfaction of the Department.
(3-31-22)
b. Whenever the raw milk
or raw milk products create or appear to create an imminent hazard to the
public health, the Department may immediately suspend the permit without the
prior notice procedure set forth in these rules. The Department will provide
notice and opportunity for hearing after the suspension, in accordance with
Title 67, Chapter 52, Idaho Code. (3-31-22)
c. Upon written request by any person whose
permit has been suspended, or by any person who has been served with a notice
of intent to suspend, the Department will proceed to a hearing and, upon
evidence presented at such hearing, may affirm, modify, or rescind the
suspension or intention to suspend. (3-31-22)
d. The Department may forego permit
suspension provided the raw milk or raw milk products in violation are not
sold, offered for sale, or distributed for human consumption.
(3-31-22)
02.
Permit Revocation. If repeated violations occur, the Department
may revoke a permit after reasonable notice and an opportunity for a hearing
have been given to the permit holder. This section is not intended to preclude
the institution of court action. (3-31-22)
03.
Permit Reinstatement. Any
raw milk producer whose permit has been suspended or revoked may make written
application for the reinstatement of the permit. (3-31-22)
a. When the permit has been suspended due to
a violation of a requirement, the application for reinstatement must show that
the violation has been corrected for the permit to be reinstated.
(3-31-22)
