IDAHO SECRETARY OF STATE
Ben Ysursa, Secretary of State
|Contact Person / Organization||
|Status||Deadline has passed. Proposed initiative will not be on the November 2010 ballot.|
|Short Ballot Title||
Initiative declaring nutritional and therapeutic products made and sold in Idaho are not subject to interstate commerce laws and regulations.
|Long Ballot Title||
An initiative relating to nutritional and therapeutic products; amending Title 39, Idaho Code, by the addition of a new Chapter 93, to provide that any nutritional or therapeutic product manufactured in Idaho and remaining within the borders of Idaho is not subject to federal law or federal regulation, including registration with the United States or one of its agencies, under the authority of congress to regulate interstate commerce.
|Attorney General Certificate of Review||Can be viewed by following this link to the Attorney General's web site. This document is provided in PDF file format, you must have a PDF reader installed on your computer to view the file.|
39-9301. SHORT TITLE. This chapter shall be known and cited as the "The Idaho Nutritional and Therapeutic Product Protection Act."
39-9302. DECLARATION OF AUTHORITY. The people declare that the authority for this Section is the following:
39-9303. PURPOSE. The people of Idaho find that tending to a person's own health is a matter of private choice and not subject to federal government interference. This is particularly true of nutritional supplements which are inexpensive, yet effective remedies and preventatives for a variety of conditions. Efforts to implement a standard regime like the Codex Alimentarius Commission which would restrict the access of citizens to effective and inexpensive health care are abhorrent to the people of Idaho. This act is meantto preempt any attempt by the Food and Drug Administration or any other agency of the federal government to limit an Idahoan's access to nutritional supplements produced in this state, as well as to extend such protections to other pharmaceutical regimens that are not subject to federal jurisdiction due to their noninvolvement with interstate commerce pursuant to the tenth amendment to the United States Constitution. This act shall not be construed to limit the state of Idaho's lawful capacity to regulate pharmaceuticals, biologic therapeutics, or mind-altering drugs.
39-9304. DEFINITIONS. When used in this chapter:
39-9305. PROHIBITIONS. A nutritional or therapeutic product that is manufactured commercially or privately in Idaho and that remains within the borders of Idaho is not subject to federal law or federal regulation, including registration with the United States or one of its agencies such as the United States Food and Drug Administration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a nutritional or therapeutic product that is manufactured in Idaho from basic materials and that can be manufactured without the inclusion of any significant components imported from another state. Generic and insignificant components that have other manufacturing or consumer product applications outside of human health are not nutritional or therapeutic products and their importation into Idaho and incorporation into a nutritional or therapeutic product manufactured in Idaho does not subject the nutritional or therapeutic product to federal regulation. It is declared by the people that basic materials not ordinarily intended for human consumption, injection, inhalation, or application are not nutritional or therapeutic products and are not subject to congressional authority to regulate nutritional and therapeutic products under interstate commerce as if they were actually nutritional and therapeutic products. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate nutritional and therapeutic products made in Idaho from those materials. Products typically used with nutritional and therapeutic products that are imported into Idaho from another state and that are subject to federal regulation as being in interstate commerce do not subject a nutritional or therapeutic product to federal regulation under interstate commerce because they are used in conjunction with a nutritional or therapeutic product in Idaho.
39-9306. MARKETING OF NUTRITIONAL AND THERAPEUTIC PRODUCTS. A nutritional or therapeutic product manufactured or sold in Idaho under this act must have the words "Made in Idaho" clearly printed on the packaging which encloses the product at the point of sale.
SECTION 2. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.