STATS OF ID/vHC lepartr.ient of Public Health Boi -.o ■J||R If U- A TH J U - ! U I L / \ _ * I ! LAWS, RUlb,™ RE.UULA! IONS Compiled Office of the Attorney General b: the TABLE OF CONTENTS G EN ERAL LAYS POWERS A I'D DUTIES . * Pare Enumerated . , 1 Rules to Prevent Disease * 1 Bacteriological Laboratories .2 Vaccines and Antitoxins .................. ,2 LOCAL BOARDS OF HEALTH Constitution and Officers . 3 I'eetinps and Powers 4 Ouarantine districts ................... ,5 Duties of Local Health Officers ... 6 Reportable Diseases * , .6 Quarantine of Infected Premises ............... 7 L) is infection P. Exclusion from Schools - 9 Hospital fop Infectious Diseases S Cremation and Burial of Bodies . .9 Quarantine of Cities and Counties 10 CONTAGIOUS DIS EASE—PUBLIC SCHOOLS 10 CONTROL OF VENEREAL DISEASES .... . II Prenatal Law 13 Premarital Law 14 ADVERTISE: "TT OF C 'IRES FOR SEXUAL DTSOLDERS 15 PREVEJ TIOH OF BLINDNESS IN INFANTS 16 TUBERCULOSIS HOSPITALIZATION Contracts with Hospitals ...... 15 Definitions ..... 18 Procedure for Care Specialist *.*.*,*.* 20 •Approved Hospital Standards 21 Funds ..,.^2 State Hospital—Ooodinr S3 DAIRIES AND DAIRY PRODUCTS Requirements and Inspections t 24 Adulteration 26 Prohibition of Sale * 27 Skimmed Hilk and Cream Standards 27 Creameries and Cheese Factories 29 Filled Hilk 31 Labels and Brands for Dairy Products 32 Voluntary Grading Laws 33 •jk *Rules and Regulations originally included on paffos 35-35 were abrogated or revised on October 16, 1943 on recommendation of Attorney General. FOOD AND DRUG LAWS Duties and Procedures 39 Sausage Adulteration Law 41 Adulteration and Histranding . . 43 SLAUGHTER HOUSES AND MEAT IPO DUCTS FOOD PRODUCT FACTORIES AND COLD STORAGE PLANTS 56 SANITARY REGULATIONS FOR PUBLIC EATING PLACES 58 Health Certificate Lav; ......... 61 HOTELS AND FOOD VENDING ESTABLISH! rENTS—PSGULAT ION AND INSPECTION. BARBERS - Physical Examinations 68 DOMESTIC WATER AND ICE 69 POLLUTION (NUISANCES) ... 70 BARBERSHOPS, BEAUTY PARLORS, ETC * 71 OILS . 74 BUREAU OF INDUSTRIAL HYGIENE 75 BUREAU OF CHILD HYGIENE . * 77 Federal Aid 78 HOSPITAL' -- LICENSING ; . . . * * ♦ * . . i . . . 79 BIRTHS, 1. -ATHS, FARRIAGSS, —REGISTRATION Duties and Registrars .*.**»»»*.» i ....... 80 Burial Permits - Death Certificates *..«**.*. .**81 Undertaker - Duties of • * P.Z Die interment permits * * * • 84 Transportation of Bodies **84 Birth Certificates 86 Poms and Records 58 Compensation - Local Registrars 89 Carriage Registers • , , S2 Adoptions and Legitimacy 93 RULES AT?D REGULATIONS B EaLTH C 'FT I F r C A. T iS •••••*•••••• ••••••*♦••*96 SLAUGHTER HOUSE AND 7 EAT ’'ARKETS 95 BACTERICIDAL TREATMENT OF DRINKING, EATING AND COOKING UTS NOILS 95 TOURIST CARTS $6 V!5iTHREAD DISEASES .97 OCCUPI TIOj'AL DISEASE C07TENSATIOr laws cur PULES AND REGULATIONS 104 Then nctlvi.ti.es ere carried on in cooperation with Bureau of Industrial Hygiene S TATE OF ID A H 0 DEPARTI !EHT OF PUBLIC HEALTH FOREH/ORD The Lav: and Regulations pertaining to duoiic Health were compiled by the office of the Attorney General upon request of C. A. Bcttolfsen, Governor a: ... Ex-Officio Commissioner of public Health. This compilation includes all laws end regulations which are effective in Idaho as of July 1, 1943. REFERENCE KDEEP.EfICES TO PUBLIC WELFARE DEPARTSLlfT* — Chapter 196, Session Lav;s of 1941. 3 9 IT HR AC TED BY THE LEGISLATURE OF THE STATE OF IDAHO: Section 1. All references to the Department of Pub- lic V/'elfare in the lav/s of the State of Idaho, excepting in Chapter 21S of the 1937 Session Laws, and Chapter IBS of the 1959 Session ’ av/c, shall be construed to mean the Department of Public Health, and all powers and duties vested by any lav/s of this stats, excepting said Chapter 216 of the 1937 Session Laws and Chapter 192 of the 1959 Session Lav/s, are hereby vested in the Department of Public Health* HEALTH AND SAFETY POWERS AND DUTIES OF DEPART! - HiT OF PUBLIC WELFARE (All section inmbers refer to the Idaho Code Annotated) Section 38-101. POWERS An!) DUTIES ENlffERnTED. —The Department of Public Welfare shall have a general supervision of all matters relating to the preservation of the- llfo and health of the people of the state. It shall especially study the vital statistics of the state, and endeavor to make profitable end intelligent use of the collected records of sickness and mortality among the people; it shall carefully study the influence of the climate upon diseases and health in different localities in the state, for the benefit of the citizens thereof, as v/c 1.1 as for the information of that large class of people who contemplate making this state their temporary or permanent hone ; it shall make sanitary investigations and inquiries respecting the causes of disease, and especially epidemics; the caus-'s of mortality and th. effects of localities, employments, conditions, ingests, habits and circumstanc .-s on the health of the people. It shall, when required or when it d ons best, advise officers of the government or other state boards and departments in regard to the location, drainage, water supply, disposal of excreta, heating and ventilation of any public insti- tution or building, and it shall, either as a department or through other persons appointed by it for that purpose, visit and report on the sanitary condition of all state institutions as often as conditions may require, but the state hospital for the insane, the penitentiary and the soldiers1 home, shall bo visited and reported on at least once a year, said report to become a part of the re- cords of the Department of Public Welfare, and a copy of said re- port shall be filed in the office of the Governor and of the Secretary of State, and also mailed to each member of the several boards of departments controlling the management, and the officers in charge of these institutions. Section 38-102. PULES TO PREVENT DISEASE—PENALTY DOR II1 FIs/*.CTlOi-t•—-Whonovor the Department of Public Welfare shall have cause to believe that there is any danger of cholera, smallpox or other contagious or infectious diseas-:; invading this state or country, it shall be the duty of said department to take such ac- tion, and adopt and enforce s uch rul es and regulations, as my he necessary to prevent the introduction of such infectious or con- tagious disease within this state, and !'ny person or persons or corpor- tions refusing or neglecting to obey such rules and regu- lations shall be doomed guilty of a misdemeanor, and upon convic- tion thereof shall be fined not 1 ss than, fifty dollars nor more than GeOO.OO, or imprisoned in the county jail for not less than thirty nor more than ninety days, or bo punished by both such fine and imprisonment, in the discretion of the court, for every such offense» And it shall bo the duty of all police officers, sheriff 1 and constables to enforce such regulations, subject to the author ity of the Department of Public Welfare. Whenever necessary, the. Department of Public Welfare may call public conferences of local health officers, or nay, by a vote of a majority of its members, send a. delegate to any conference of local, state or national h oa. 1 th o ff ic er s Section 38-105. BACT 3P. 10LOGICAL STATIONS—ESTABLISH'*!!? AND EQUIPMENT—APP0ITFT1H1T, QUALIFICATIONS AIJD C0b?P3v,SATX0!T 0Tr DIRECTOR— CO; p TuoATIOB FOR TESTS.--The Department of Public VTelfare shall have power to establishsuch bacteriological stations within the state as it may deem necessary; to equip the same with the necessary laboratory apparatus and supplies and to appoint a d^rector for each station so established, who shall bo a practical bacteriolo- gist, and who shall receive such compensation for his verb ns the department nay prescribe, not to exceed ten dollars per day for each day actually and necessarily spent in bacteriological exam- ination. So.;ia ’ compensat ion sha 11 bo pa id on c 1 a im s r pj.>rovod by the department out of any funds appropriated for fa a os of said department in the same manner that other claims gains' the state are paid; provided, that when in the opinion of t:r 1) yv-tm -nt of Public F'clfar th-. conducting of any fast would be too ...xr.enly with the provisions of this chapter, said person, persons, firm n corporation shall be deemed guilty of a ir.isdo- ner.n^r. 2 LOCAL BOAHDS OS h uALTH—01IA RAN TIL 3 A.KD HEALTH IMGULATIOfS Section 38-301. CONSTITUTION AND OFFICERS.—-The board of county commissioners must, biennially at their regular meeting in January, appoint a licensed physician residing in the county, who shall be known ec the county physician. The board of countv commissioners of each and every county in this state shall bo constituted a county hoard of health .for such county, and said county board of health’s jurisdiction shall be coextensive with the boundaries of said county. The chairman of the hoard of county commissioners shall be president of the county board of health, and the county health officer shall be the clerk thereof. They shall at their regular mooting in January, appoint a legally qualified physician, county health officer, whose term of office shall be for two years from January, next following each general election, and shall fix his compensation. Tb.5 county health officer shall be ex-officio member of th • county board of health and shall be the executive officer thor'-'of and may bo or may not bo county physician. The county board of health may appoint as many sanitary officers as they deem nec-sstiry and fix the compensation of all appointees, who shall serve during the pleasure of the board. Any vacancy in such board caused by death, resignation of county health officer, or by his refusal to act, rust be filled by appointment by the commissioners. The county board of health shall be empowered to make its own local rules and regulations, which shall not be inconsistent with law nor with the rules and regulations of the Department of Public Welfare and must make and establish for the county or any district or place therein, such sanitary rules and regulations as they may doom necessary and proper to pr 3 vent the outbreak and spread of dangerous, contagious and infectious disease, which rules and regulations shall take effect from and after their approval by the Department of Public Welfare. When any locality is in need of a health officer, the seer - - tary of the county board of health nay appoint a local physician to act ns deputy health officer, and th<- expenses of such deputy health officer shall be paid in the sane manner as all other county expenses. Cities and villages and other localities, in which there is need therefor, nay organize a local board of health to be com- posed of at least one physician, who shall bo the executive, offi- cer of such local board, and two other persons who nay or may not be of such local board, and two other persons who nay or may not be physicians. If, however, there is no physician residing in the city, village or other locality, others may act. Such local boards of health shall act under the authority and dir ction of the county board of health for the county in which such city, village or other locality nay be situated, and shall report to said county board of health. All necessary ,xpence incurred by the said county board 3 of health in enforcing the provisions of this chapter must be paid for out of the general treasury from the current expense fund of the county, as other hills chargeable against said current expense fund are audited and paid. TJvery health officer appointed under the provisions of this chapter shall bo, whenever the same is practicable, a reputable physician licensed under the laws of the state of Idaho, and shall hold his office during the pleasure of the board and until his successor shall have boon duly appointed and qualified, and in case of tho occurrence of a vacancy in bis office, the board of health shall immediately fill the same by a new appointment. Section 38-30B. MG3TIFGS AND POWNHS OF BOARDS. —The local board of health of each county and municipality shall meet quar- terly in the months of January, April, July and Octet-.-r, and as much often--t as they may doom necessary, and may adopt all need- ful rules and regulations for the government of their respective bodies, subject to th* provisions of this chapter. They shall cstaMish the sa 1 arics of their rosp.»oti va hoa 1 tli of f icers , and shall r emulate all fe.-s and charges in connection with their own regulations; they shall act in conjunction with the Department of Public IB'1 faro and report quarterly to said department such facts in reference to the sanitary condition of their respective counties or municipalities as they nay deem important or r.ocoss* ry, or as required by the Department of Public Welfarei Provided, that if there is a regular salaried county physician, it shell be his duty to attend to all quarantined patients who are unable to pay, with- out extra charge, and in no ca se shall the fees allowed to physi- cians for their services as local health officers exceed the regular fees of physicians for similar services, and nc extra charge shall be made nor allowed in any case for admitting any patient or r clearing bin from quarantine. Section bo-303. SUPFPMSGIOII OF NUISANCES,--Such local board of her 1th shall take cognisance of all unhealthy nuisances within the limits of their sanitary jurisdiction? and rv ;ry person or corporation refusing or neglecting, after du- notice, to comply with the requirements of said department in this respect shall be liable to a. penalty of rot exceeding fifty dollars or imprisonment in th j county jail for not more than sixty days, or to both such fine and imprisonment. All questions arising between local boards as to jurisdiction of their relative duty in the abatement of any particular nuisance shall bo referred to the Department of Public Welfare for sottlonont. Sort ion 38-504. SANITARY OF PUBLIC BUILD JUGS AND SCFOOLG.—It shall be th j f uty cf all countv boards of health to provide for the examination by the secretary into the sanitary condition of all county buildings and jails and oth r public institutions, at Ioast onco every year, b ;foro the first day of May, and as near said day as may be practicable, and such examin- inf officer shall file a complete report within fifteen days after said first day of May, with the Department of Public Welfar . It 4 shall, also be the duty of all county boards of health to provide promptlv for the examination by the secretary into the sanitary and usable condition of any school building, school site, school outbuilding, or school drinking water supply in the county, upon a request for such examination by the county superintendent of public instruction. The examining officer shall file a complete report within fifteen days after such examination of any school building, school site, school outbuilding, or school drinking water supply with the Department of Public ’Welfare. Upon the receipt of the report that any school building, school site, school outbuilding, or school drinking water supply is unfit for use on account of insanitary or other improper conditions, it shall bo the duty of the Department of Public Welfare to condemn said school building, school site, school outbuilding, or school drinking water supply, and report the same to the county superintendent. It shall be the duty of the county sup in tendont immediately upon the receipt of such report of the condemnation of any school building, school sit., school outbuildinr, or school drinking watvr supply, to notify tbs board of trustees of such report, and if in vacation time that school must not commoner,* or b i h ild in tho district until such insanitary condition is abated, and if during the timo when school is in prog- ress, that school must cease to be hold within such district uni as at the expiration of twenty days after such notice by the county superintendent, tho insanitary condition complained of shall have boon abated. Section 38-305. OUARAJITIM7, DISTRICTS. —The board of health of any county nay declare quarantine therein or in any particular district or place therein, against the introduction of dangerous, contagious or infectious disease prevailing in any statu, county -.r place, »*r of any c r all persons and things liable to spread such dangerous, contagious end infectious disease. The said county board has authority and power to enforce such quarantine until the •sane is raised by themselves and may confine such afflicted person or pert ons liable to spread such dangerous, contagious or infec- tious disease to the house or premises in which he or she resides, or, if deemed advisable, to a place to be provided for them for that purpose. And when any contagious or infectious disease shall, in the opinion of the Department of Public v/olfaro, become or threaten to become epidemic in any city, village, or county, and the local authorities shall neglect or r .‘fuse to enforce measures which, in the opinion of the Department of Public Welfare, are efficient for its prevention, the department, or its executive officer, may appoint a medical or sanitary officer, and such assistants as he may require, and authorize him to enforce such orders or regulations as said department or its executive officer nay deem necessary, the expense thereof to be paid by that munic- ipality cr county in which such services are rendered out of its general fund. The term "dangerous, contagious, or infectious disease” shall bo construed and understood to moan such disease or diseases as the Department of Public Welfare shall designate as contagious or infectious and dangerous to the public health. 5 Section 38-306. DUTIES OF LOCAL HEALTH OFFICES—PENALTY FOR VIOLATIONS.--It shall be the duty of every county health officer, immediately after his appointment, totransmit to the Department of Public Welfare his full name and post-office address; he shall keep accurate record of the proceedings of the local board of which ho is the secretary, as well as his own official acts, and furnish a report thereof monthly to the Department of Public Welfare; Provided, however, that any epidemic shall be reported immediately, togother with such other information in regard to the sanitary condition of his .jurisdiction us he may deem interesting or valuable for publica- tion in the annual report of the department. He shall receive for his services as health officer, such reasonable compensation as his board may allow to bo paid out of the county treasury, this compen- sation to bo fixed separately from that of the county physician, and for overy failur; or neglect of said health officer to perform any of the duties proscrib 'd, in this chapter, hv. shall be hold ruil.ty of a misdemeanor, Every municipal or local health officer shall make a similar report a g required by the county health °f't'ic‘‘r lx the secretary of the county board of boa 1th. Any hoc 1th offic ;r who shall refuse or neglect to obey or en- force the rules and regulations or orders of the Department of Public Welfare or who shall refuse or neglect to make erompt and accurate reports to the Department of Public Welfare may b. removed as health officer by the department, and shall not •gain be re- appointed except with its consent. Any member of a city or county board of health vho shall vtAate or refuse or neglect to obey or enforce any of the ~ul s, regula- tions or orders of the Department of public Welfare nr county b ards of health made f-*r the prevention, suppression, r control of any dangerous, contagious, or infectious disease, or for the protection of th? health of the pe pie of this state, shall bo guilty of a misdemeanor, and upon conviction shall be fined not loss than t-ui dollars nor more than $200.00, and shall bo removed from -ffIcq. Section 38-307. REPORTAHLE DISEASES—DUTY TO REPORT--TEMPO- RARY 0 tja. RAH TIP E — I • i S PEC TI0! i OF LOCALITY—P-P? a LT:r EG.— Any physician or other person called to attend any person who is suffering from smallpox, cholera, plague, yellow fever, typhus fever, diphtheria, membranous croup, scarlet fever, typhoid fever, infantile paraly- sis and cerebrospinal meningitis, or any other disease dangerous to the public health or r squired by the Department of Public wel- fare to bs reported, shall report the same within twenty-four hours to the health officer within whose Jurisdiction such person is found, riving in such report the name, ago, sex and color of the patient, and the house or place in which such person may be found; and in the case of smallpox, cholera, plague, yellow fever, diph- theria, membranous croup, scarlet fever, or infantile paralysis and cerebrospinal meningitis, the attending physician shall at once declare a temporary quarantine, and shall prohibit entrance to or exit from such house; such temporary quarantine to r :min in ef- fect only until such time as the proper health officer can be notified and can act in the matter. In like rami or it shall be the 6 duty of the head of the family, und of the owner or agent of the owner of the building in which a person resides who has any of the diseases herein named or provided against, or in which are the re- mains of a person having died of any such disease, immediately after becoming aware of the fact, to give notice thereof to the health officer. When complaint is mad© or a reasonable belief exists that an infectious or contagious disease prevails in any house or any other locality which has not been reported as hereinbefore re- quired, the board shall cause such house or locality to bo inspected by its health officer, and on discovering that such infectious or contagious disease exists, tne board may, as it deems best, send such person to a quarantine hospital or other place provided for such persons, or may restrain them or other persons exposed within said house from intercourse with other persons, find prohibit in- gress find egress to or from such premises, Any person, on whom a duty is imposed by the previsions of this section, who fails, neglects or refuses to perform the same as herein required, and any person who violates any regulations of the physician attending a person affleeted with any of the diseases above-mentioned, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined a sum not exceeding fifty dollars, or be imprisoned in the county jail net exceeding ninety days, or shall suffer both such fine and imprisonment. Section 38-308. QUARANTINE OF INFECTED PREMISES—PEMALTY. — It shall be the duty of the local board of health when a case of smallpox, cholera, plague, yellow fever, typhus fever, diphtheria, typhoid fever, scarlet fever, infantile paralysis, is reported within its jurisdiction to at once cause the patient to be isolated and a quarantine card placed upon the isolation quarters. This sign shall prohibit entrance to or exit from such quarters without written per- mission from the board of health. If isolation is not practical, then the premises in which such patient resides shall be placed under quar- antine and proper signs posted to notify the public. No person quar- antined by a board of health on account ot having a. contagious disease or for having been exposed thereto, shall leave such quarantined house or place without the written permission of the board of health. Every physician attending a person affected with any of the afore-mentioned diseases, shall use such precautionary measures to prevent the spread of the diseases as may be required by tne board of health. No person shall remove, mar, deface or destroy such quarantine card, which shall remain in place until after the patient has been removed from such house, or has recovered and is no longer capable of communicating the disease, and the said house and the contents thereof have been put in sanitary condition under the direction of the board of health. In cases of measles, mumps, chicken pox, and whooping cough, the board of health shall require the same report of cases. In case of measles, chickenpoz, whooping cough, mumps, or either of them, the patient suffering from the disease shall be isolated, and a warning card placed on the quarters, and if isolation of the patient is not practi- cable, then the premises in which such patient resides shall 7 be placed under quarantine. The board of health nay employ as many persons as it deems necessary to execute its orders and properly guard any house or place containing any person or persons af f cfted with any of the diseases named heroin, or who have boon exposed thereto, and su~h persons shall be sworn in as Quarantine guards, shall have police powers, and nay use all n 'cessary mans to enforce the provisions of this chapter for tho prevention of contagious or infectious diseases, or the orders of any local board of h -u 1th made in pursuance thereof. Any person, on when a duty is imposed by the provisions of this section, who fails, neglects, or refuses to pin- form the same as her?in required, shall bo guilty of a misdemeanor, and on conviction thereof, shall be fined a sum not exceeding fifty dollars, or be imprisoned in the county gr.il not exc .-ding ninety da vs, or shall suffer both fine and imprisonment. Section 38-309, PUPHISHIPO 1 .iPrCIPa TO IM;IG VI O.GARM'TFmw PATT-SiT.—•Whenever a quarantine has been declared as provided in section 38-308, and any person so ouarantin d is unable, through poverty or otherwise to procure such redicin vs, nrdioir.a 1 end su'viica 1 supplies, vaccines, serums, anti-toxins, or other sick room supplies as the attending physician deems necessary for the abatement cr cure of the dis »ase, tho board of county commission..-rs shall purchase and supply to the quarantined jr-rson such nocesriti es •and the cost of the cam'; shall be d .mod to be a debt duo the county from such person and ix.y b> recovered from him, or from his estate in the event of his death; Provided, that in case tho duo the county is uncollectible tho same shall ho paid out of 'ho funds of the county available for poor relief. Section 38-310. EXPOSING II.TSCT *,D PukSOIIS OR AhTICL 13— P^AI/rY.—Any person who, v.hile suffering fran smallpox, cholera, plagu , yellow fever, diphtheria, membranous croup scarlet fever, wilfully or unlawfully exposes himself in any street, shop, inn, thoot .-r or other public place nr public conveyance, cr being in charge of any person so suffering, sc exposes such sufferer, or fives, lends, sells, transmits cr exposes, without previous disin- fection under the direction of the beard of health, any bedding, clothing, rags or other things which have boon exposed to infection from any such diseases, or who knowingly lets for hire any house, room, or part of the house in which an7/ •••erson has been suffering from any such disease, prior to such house, room or part of the house having been disinf ected by the- board of health or under its direction, shall bo liable to a penalty of not exceeding $300.00, or to imprisonment not exceeding three months, or to both, in the discretion of the. court. Section 38-311. DISHIF5C7I0F Or HOUSES.—When the health authorities of any county or municipality are of opinion that the cleansing ant disinfection of any house or part thereof, and of an;' articles therein likely to retain infection, would tend to prevent or check infectious diseases, it shall be the duty of such authority to cleanse and disinfect such house, or part ther of, and articles, and th health authorities may recover the expenses in- curred from the owner or occupant: Provided, that where the owner 8 or occupant of any such house or part thereof is, from poverty or otherwise, unable, in the opinion of such health authority, effec- tual Xy to carry out the requirements cf this section,such authority may cleanse and disinfect such house or part thereof, and articles, and the municipality or county in which said house is situated shall defray the expenses thereof. Section 38-512. LISIHFUCTlfM OF CLOTHING AND BUDDING. —Any local health authority may direct the disinfection or destruction of any bedding, clothing or other articles which have been exposed to infection from any dangerous infectious disorder; Provided, that ■/hen any person sustains any damages by reason of the exercise of any of tho provisions of this section in relation to any matter as to which ho is not himself in default, reasonable compensation shall be made by the municipal or county authorities to such person. Section 33-312. (as amended) EXCLUSION 01 EXPOSED PFfcSONS FROU SCHOOLS.—Ifo person residing in or occupying any house in which there is a person suffering from smallpox, cholera, plague, typhus fever, diphtheria, membranous croup, * * * or scarlet Cover, ccr - brospinal m .ningitis, infantile paralysis, shall be p mittod to attorn* any public, private, or parochial school or oo liege, or Sunday school, or any * public gathering, until the quarantine provided for in such disease in Section 28-308 has boon r moved by the board of health. All school pin. cl. . To, Sunday school super- intendents or other persons in charge of such schools, are hereby required to exclude any and all such persons until such time as they nay present a written permit of the local board of health to att'.-nd or reenter such schools. Section 36-314. HOSPITAL FOR INFECTIOUS DISEASES.—The munic- ipal or county authorities may, when necessary, provide a hospital for infectious diseas os for the use of the inhabitants of their respective municipality or county, or two or mono local authorities may combine in providing a common hospital for contagious diseases or a place of detention for persons having contagious diseases. Any expense incurred by the authorities of any municipality or county in maintaining in a hospital, or in a temporary place for the reception of the sick, a patient who is not a pauper, shall be deemed to be a debt due from such patient to the authorities afore- said, and may be recovered from him at any time within twelve months after the discharge from such hospital or place of reception, or from his estate in the event of his death. Section SB-315. CREATION AND BURIAL OF 301)1 IS. — The bodies of persons who have died of smallpox, cholera, plague, yellow fevey typhus fever, diphtheria, membranous croup, scar lot fever, cere- brospinal meningitis, infantile paralysis or other dangerous, con- tagious or infectious disease, shall bo buried or cremated within twenty-four hours after death, unless written p mission to the contrary is grant d by the board of health, and no public or church funeral shall be held in connection with the burial of a person who has died of any of the above-named diseases, and the body of any such person shall not be taken into any church, chapel, or other public place and only the adult numbers of the family and such other persons as are actually necessary shall be present at the buriol or cremation of the body. 9 Section 38-316. QUARANTINE OF CITIES AND COUNTIES. —Vlhenever smallpox, cholera, plague, yellow fev .r, typhus fever, flipht.her.1a, membranous croup, scarlet fever or other dangerous, contagious or infectious diseases, show a tendency to become epidemic, and the local health authorities neglect or refuse to properly isolate and quarantine such diseases, tho Department of Public '#«.?! fare, or its executive officers, may quarantine any city or county or part thereof in which any of these diseases may show a tendency to be- come epidemic, and the expense of such quarantine shall be charged against and paid by the county so quarantined, except in a case where a city or a part thereof is quarantined, when said expense shall bo paid by such city. And in all such cas s tho local health authorities may cause all public schools, churches and theaters to be closed, and all meetings or public assemblies to be prohibited, during the prevalence of such epidemic. Cross ref. Chapters 26 and 42, Session Lav s 1943 CONTAGIOUS DISEASE— PUBLIC SCHJOI Section 32-114. TXECdTIV S OFFIC .£KS—POVfEES AITD ;.rTT E... —Acting through its own exocutivofficers, tho state board of education and the board of regents of th University of Idaho shall. ******* 1C. In cooperation with other uapartments of tV a stat e pov -rn ment, the board shall s .10 to it Chat the rules s relating to schools, hialth, compulsory educetion, child labor and child conservation ara enforced, and, in addition, shall plan an active canpaijen for the public conservation of childhood. 16. In cooperation with th j Department of Public ’■■folfar ■, shall standardize sanitary appliances, school furniture, school oauipBiont and supplies nd school buildings; shall provide for an efficient system of health supervision, medical inspection and physical development work in all public schools, and prepare and adopt such rules and regulations as will provide for the effective administration of such system. It shall, if deemed advisable, sot aside such school funds as may be found necessary to properly ad- minister such system. ****■:■-*• ■*** Section 32-1101. CERTIFICATE NEC iSSARY— QUALIFICATIONS. ****** No person is eligible to teach in any public school in this state, or to receive a certificate to tooch, who is afflicted with tuberculosis or any contagious or infectious disc- so. Section 32-1401. SCHOOL B0A.KD TO BE NOTIFIED OF CONTAGIOUS DISEASE.—The owner, or agent of the owner, of a house in which a p srson resides who has smallpox, diphtheria, scarlet fVvor or any other contagious or infectious disease, dangerous to the public health, and the physician called to attend the parson or persons so affected shall, within twenty-four hours aft ;r becoming cogni- zant of the fact, give notice thereof to the clerk of the board of trustees of the school district in which said person so afflicted resides, end said person so afflicted shall bo kept away and apart from all other persons except those whose presence may bo necessary to the physical or spiritual well-being of such person or persons. 10 Section 32-1402. EXCLUSION OF PUPILS FRO LI INFECTED HOUSEHOLDS. The school trustees of the various school districts in the state shall not allow any pupil to attend the public schools while any member of the household to which such pupil belongs is sick of smallpox* diph- theria, scarlet fever or other contagious or infectious disease, dangerous to the public health, or during the period of two weeks after the death, recovery, or removal of such sick person; and any pupil coming from such household shall be required to present to the teacher of the school the pupil desires to attend, a certificate from the attending physician of the facts necessary to entitle him to ad- mission in accordance with the above regulations. Section 32-1403. DISINFECTION OF TEXTBOOKS.—Whenever any text- book or books belonging to any school district shall be in the house during the time that pupils residing in such house are prevented from attending the public school in accordance with the provisions of this chapter, such book or books shall not be returned to such public school until the same shall have been thoroughly disinfected under the direction of the attending physician, who shall certify the same to the teacher of said school, or to the clerk of the board of trustees in case the school is not in session at such time. Section 32-1404. VIOLATION OF CHAPTER, A MISDEMEANOR,—Any school trustee or other person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. CONTROL OF VENEREAL DISEASES Section 33-501. VENEREAL DISEASES DECLARED DANGEROUS—EXPOSING ANOTHER PERSON--PENALTY.—Syphilis, gonorrhea and chancroid, here- inafter designated as venereal diseases, are hereby declared to be contagious, infectious, communicable and dangerous to public health; and it shall be unlawful for any one infected with these diseases or any of them t • knowingly or wilfully expose another person to the infection of such diseases. Section 38-502, REPORT OF VENEREAL DISEASE TO HEALTH AUTHORI- TIES, --Any physician or other person who makes a diagnosis of or treats a case of venereal disease, and any superintendent or manager of a hospital, dispensary or charitable or penal institution, in which there is a case of venereal disease, shall make a report of such case to the health authorities, according to such form and manner as to .the St- tc Department of Public Welfare shell direct. Section 38-503. EXAMINATION, TREATMENT, AND QUARANTINE- REPRESSION OF PROSTITUTION.—State, county and municipal health officers, or their authorized deputies, within their respective jurisdiction, are hereby direct:d and empowered, when in their judgment it is necessary to protect the public health, tc make examinati ns, or have examinations made by competent physician, of 11 persons reasonably suspected of being infected with venereal disease, and to require persons infected with venereal disease to report for treatment to a reputable physician and continue treatment until cured, or to submit to treatment provided at public expense until cured, and also, when in their judgment it is necessary to protect the public health, to isolate or quarantine persons affected with venereal disease. It shall bo the duty of all local and state health officers to investigate sources of infection of venereal dis- eases, to cooperate with the proper officials whose duty it is to enforce laws directed against prostitution, and oth rwise to use every proper means for the repression of prostitution. Section 38-604. FIXED AMD IMPRISONED P’&SOWS — EXAMINATION, TREATMil'IT, ADD OUARAITTI'IE.—All parsons who shall bo confined or imprisoned in any state, county, or city prison in the state shall bo examined for and, if inf'cted, tmated for vener al diseases by the health authorities of the county or th.ir deputies. The prison authorities of any state, county, or city prison are directed to make available to the county health authorities such portion of any state, count;/ or city prison as nay bo necessary for a clinic or hospital v/her in all persons who may be confined or imprisoned in any such prison and who are infected with venereal disease at the time of 1 ho expiration of their t ;rmc of imprisonment, and, in case no other suitable place for isolation or quarantine is avail- able, such oth ;r persons as may be isolated or quarantined under the provisions of section 38-503, shall be isolated and treated at public o; panso until cured, or, in lieu of such isolation, any of such persons may, in the discretion of the State Department of Public tfelfaro, be recuired to report for treatment to a licensed physician, or submit to treatment provided at public expense, as provided in section 38-603. Rethink herein contained shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of crime. Section 38-505. RULES AND REGULATIONS FOR CARRYING OUT LAW.— The State Department of Public Welfare is hereby empowered and directed to make such rules and regulations as shall, in its judg- ment, be necessary for the carrying out of the provisions of this chapter, including rules and regulations providing for the control and treatment of persons isolated or quarantined under the provi- sions of section 38-503, and such other rules and regulations, not in conflict with provisions of this chapter, concerning the control of venereal diseases, and concerning the care, treatment and quar- antine of persons infected therewith, as it may from time to time deem advisable. All such rules and regulations so made shall bo of force and binding upon all county and municipal health officers and other persons affected by this chapter, and shall have the force and effect of law. Such rules may be amended from time to time by the State Department of Public ’Telfare. All rules and regulations must bo entered on the minutes of the State Department of Public Welfare and copies shall be furnished all county and municipal health officers and to anyone else who may apply for same. No such rules or regulations shall bo effective until thirty days after it is adopted by the State Department of Public Welfare. 12 Section 38-506. REPORTS *Y WtT'BSRS—0PSERVAIIC3 OF SECRECY.— Reports to the Welfare Department of the existence of diseases included in this chapter shall be made by a. number which corre- sponds to the name of the patient being treated for such disease. It is the intent of this chapter to observe all posvsible secrecy for the benefit of the sufferer so long as the said sufferer con- forms to the requirements of this chapter. Section 38-507. F3JALTI ES FOR VIOLATIONS. —Any person who shal violate any of the provisions of this chapter or any lawful rule or regulation made by the State Department of Public Welfare, pursuant to the authority heroin granted, or who shall fail or refuse to obey any lawful order issued by any state, county or municipal health of- ficer, pursuant to the authority granted in this chapter, shall be deemed guilty of a misdemeanor, and shall ho punished, on conviction thereof, by a fine of not more than vTrcs hundred dollars or by im- prisonment in the county jail for not more than six months; or by both such fine and imprisonment. Chapter 26, Session Lavrs 1943 Be. it Enacted by the Legislature of the State of Idaho: Section 1. Eviry licensed physician attending a pregnant woman for a condition relating to her pregnancy, or at delivery, or after delivery for a condition relating to her pregnancy, shall in the case of every woman so attended, take or cause to be taken a sample of blood of such woman at the time of first examination or within fifteen days thereafter, and shall submit such sample to the laboratory of the Department of Public Health or to a labora- tory approved by said Department, for a standard serological tost for'syphilis. In submitting such sample to the laboratory, the physician shall specify v/hother it is for a prenatal tost or a test following recent delivery. The laboratory of the Department of public Health shall analyze such sample without charge upon tho request of any licensed physician. See. 2. Every other person attending a pregnant or recently delivered woman in the State, but net permitted by law to take blood samples, shall within fifteen days of the first examination cause a sample of blood of such woman to be taken by a licensed physician and have tho sample submitted to the laboratory of the Department of Public Health for a standard serological test for syphilis, or to a laboratory approved by said Department. Sec, 3. For tho purpose of this act, a standard serological test shall be a test for syphilis approved by tho Department of Public Health. Sec. 4. The 1 aboratory analyzing the blood sample shall furnish to the physician offering the sample a detailed report of the standard serological test, and including tho result of the tost. If the laboratory is not operated by the Department of Public Health, a copy of such report shall be filed with said Department. The report shall be hold in absolute confidence, and shall not be open to public inspection. 13 Section {3. In reporting every birth and still-birth, physicians and others required to make such reports shall state on the certifi- cates of birth or death whether a standard serological test for syphilis has been made upon a sample of blood taken from the woman who bore the child for which a certificate is filed, and the approx- imate date when the sample was taken. The birth or death certificate shall not state the result of the test. Sec. 6. Any oerson who violates the provisions of this act shall be guilty of a misdemeanor; provided, however, that every licensed physician or other person attending a pregnant or recently delivered woman, who requests such sample in accordance with the provisions of this act, and whose request is refused, shall not be guilty of a misdemeanor. Chapter 42, Session Laws 1943 Be It Enacted by the Legislature of .the S+ate of Idaho Section 1. Before any county recorder shall issue any marriage license, each applicant therefor shall file with him a certificate from a licensed physician certifying that the applicant has be.n thoroughly examined for evidence of venereal disease, including a standard serological test for syphilis, made not more than thirty days prior to the date of issuance of such license, and that in the opinion of such physician, the applicant either is not infected with syphilis or other venereal disease, or if so infected, is not in a stage of such disease which is or may become communicable to the marital partner, and for such services the physician may collect from the applicant a fee not to exceed $2.00. Sgc* 2. Tho certificate, to be referred to in this actus the certificate fbrm, shall include the report of the person in charge of the laboratory making the standard serological test, or his duly authorized representative. The report shall be made upon tho certificate form to bo provided by tho Department of Public Health, and shall include tho name of tho laboratory test, tho date it was made, the name and address of the physician to whom it was sent, and the name and address of tho person whoso blood was tested. Space- shall bo provided on the certificate form for recording the statement of tho physician that the applicant moots the requirements for a marriage license as specified in Section 1 of this act. The result of tho laboratory tost shall not be stated upon the certifi- cate form. Sec. 3. For the purpose of this act, a standard serological test for syphilis shall bo the test approved by the Department of Public Health, and shall be made in the laboratory of the Department of Public Health or in a laboratory approved by said Department. The laboratory of the Department of Public Health shall make such tests as are required without charge, on the request of any licensed physician, provided the physician shall designate the sample as taken for a premarital test. 14 Sec. 4. Upon a separate form to bo provided by the Department of Public Health, a detailed report of the examination or standard serological test, showing the result of the examination or test, and together with the certificate form, shall be transmitted by the laboratory to the physician submitting the sample or samples. If the laboratory making the test or tests is not operated by the Depart- ment of Public Health, it shall forward the results of such tests at weekly intervals to the Department of Public Health. The report con- taining the result of the examination or standard serological test shall be held in absolute confidence, and shall not be open to public inspection. Sec* 5. Any judge of the district court within the county in which tho license is to be issued is hereby authorized and empowered, on joint application by both applicants for a marriage license, to waivo tho requirements as to medical examinations, laboratory tests, and certificates, and to order the licensing officer to issue the license, if all other requirements of tho marriage lows have been compiled with, and if the judge is satisfied by affidavit or other proof that an emergency or other sufficient cause for such action exists and that the public health and welfare will not be injuriously affected thereby. There shall be no fee or court costs for those court proceedings, and all records connected therewith shall be hold in absolute confidence and shall not be open to public inspection, and tho hearings on the application shall not be made in public. Tho order of tho court shall bo filed by the licensing authority in lieu of the certificate form. In every such case tho clerk of the court shall transmit to the Department of Public Hva1th a tran- script of the record and tho court order thereon for such follow- up as is required by lav/ or doomed necessary for tho protection of the public health. Sec. 6, Any person who misrepresents any fact required to be stated on the certificate form or other form required by this act, or any licensing officer v/ho issues a marriage license without hav- ing received the certificate forms or any order from the court as presided by this act, or v/ho has reason to believe that any of the facts thereon have been so misrepresented, and shall nevertheless issue a marriage license, or any person who otherwise fails to comply with the provisions of this act shall be guilty of a misdemeanor. ADVERTISEMENT OP CURES FOR SEXUAL DISORDERS Section 38-601. ADVERTISING TREATMENTS OR CURES UNLAWFUL.-- It shall be unlawful for any person to publish or cause to bo pub- lished, to deliver or distribute or cause to be delivered or dis- tributed in any manner whatsoever, or to post, or display, or to permit to be posted, displayed, or to remain on any buildings, windows or outhouses, or premises or other surface owned or controlled by him in the State of Idaho, or to have displayed in or on any window or place where the same could bo read by passers-by or the public, any advertisement, label, statement, print, or writing which refers to any person or persons from whom, or to any means by which, or to any office or place at which may bo obtained any treatment or 15 cure of syphilis, gonorrhea, chancroid, lost manhood, sexual weakness, lost vitality, impotency, seminal emissions, gleet, varicocele, or self-abuse, whether described by suchnames, words, terms, or phrases, or by any other names, words, terns, or phrases, calculated or in- tended to convey to the reader the idea that any of said diseases, infirmities, disabilities, conditions, or habits are meant or re- ferred to, or which refers to any medicine, article, device or preparation that may be used for the treatment, cure, or prevention of any of the diseases, infirmities, disabilities, conditions or habits mentioned in this chapter. Section 38-602. PERSON CONSTRUE!},—Tim word "person" as used heroin, shall moan and include natural persons, copartnerships, corporations and associations, and shall include persons of both sexes• Section 38-603, EXEMPTIONS TROT CHAPTER.—This chapter shall not apply to publication, advertisement, or notices of the Unit'd States government, the State of Idaho, or of any city in the State of Idaho. Section 38-604. PENALTY FOR VIOLATIONS.—Any person violating any of the provisions of this chapter shall be punished by a fine of not more than $500.00, or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment. T'ETEITTIO:: CF BLINDNESS IN INI ANTS Any inflammation, swelling, or unusual redness in either one or both eyes of any infant, eithor apart from, or together with any unnatural discharge from the eye or eyes of such infant, independent of the nature of the infection, if any, occurring at any time within two weeks after the birth of such infant, shall be known as "inflamma- tion of the eyes of the new-born" (Ophthalmia neonatorum). Section 58-701. niFLAIDIATION OF EYES OF KES/-BOEU DEFINED, — Section 38-702. REPORT TO HEALTH OFFICER--WARNING OF DANGER— TREATMENT OF INDIGENT CASES.--It shall be the duty of any physician, surgeon, obstetrician, midwife, nurse, maternity hone or hospital of any nature, parent, relative and persons attendant on or assist- ing in any way whatsoever any infant, or the mother of any infant at childbirth or any tine within two weeks after childbirth, know- ing the condition hereinabove defined to exist, immediately to report such fact in writing, to the local health officer of the county, city, town, magisterial district or whatever other political division there may be within which the infant or the mother of any infant may reside. Midwives shall immediately report conditions to some qualified practitioner of medicine and thereupon withdraw from the case except as they may act under the physician’s instruc- tions. On receipt of such report, the health officer, or the physician notified by a midwife, shall immediately give to the parents or persons having charge of such infant o warning of the dangers to the eye or eyes of said infant, and shall for indigent cases provide the necessary treatment at the expense of said county, city, or town. 16 Section 38-703. GWICIDE TO BE IK STILLED If! EYES OF NEW- BORJ-1 BABY.--It shall be unlawful for any physician or midwife practicing midwifery to neglect, or otherwise fail to instill or have instilled immediately upon its birth, in the eyes of the new- born babe, some germicide of proved efficiency in preventing the development of ophthalmia neonatorum. Section 38-704. STATETFRT IP REPORT OF BIRTH.—Every physician or midwife shall, in making a report of a birth, state whether or not the above germicide was instilled into the eyes of said infant. Section 38-705. DUTIES OF LOCAL HEALTH OFf-TCER.--It shall be the duty of the local health officer: 1. To investigate, or have investigated, each case as filed with him in pursuance of the law, and any other cases as may come to his attention. 2. To report all cases of inflammation of the eyes of the nor-born, and the result of all such investigation as the Depart- ment of Public Welfare shall direct. 3. To conform to such other rules and regulations os the Department of Public Welfare shall promulgate for his .further guidance. Section 38-706. DUTI ES 01 DEPAKTDeHT OF PUBLIC — It shall bo the duty of the Department of Public Welfare: 1. To enforce the provisions of this chapter. 2, To promulgate such rules and regulations as shall, under this chapter, be necessary for the purpose of this chapter, end such as the Department of Public Welfare may doom necessary for the furtb -r and proper guidance of local health officers. 3, To publish and promulgate such further advice and informa- tion concerning the dangers of inflammation of the eyes of the new- born as is necessary for prompt and effective treatment. 4. To furnish copies of this law to all physicians and mid- vdves as may be engaged in the practice of obstetrics, or assisting at childbirth. 5. To keep a proper record of any and all cases of inflamma- tion of the eyes of the new-born as shall be filed in the office of Department of Public Welfare in pursuance of this law, and eg may come to their attention in any way, and to constitute such records a part of the annual report to the governor. 6. To report any and all violations of this chapter as may come to their attention to the prosecuting attorney of the county wherein said misdemeanor may have bo m committed, and to assist said official in any way possible, as by securing necessary evidence, <31 cetera. 17 ?. To furnish birth certificates which shall include the question "Did you comply with section six of this act? If so, state what solution used." Secti m 38-707. BIRTH REPORTS NOT SHOWING COMPLIANCE— CERTIFICATION TO PROSECUTING ATTORNEY. —It shall be the duty of the clerk of tho county court of each county on or before tho fifteenth day of each month to certify to the prosecuting attorney of bis county all reports of births filed during the preceding calendar month which fail to show that the solution hereinbefore provided for was instilled. Section 38-703. PENALTY FOR VIOLATION.—Whoever being a physician, surgeon, midwife, obstetrician, nurse, manager or person in charge of a maternity home or hospital, parent, relative or per- son attending upon or assisting at the birth of an infant, violates any of the previsions of this chapter, shall be deemed guilty cf misdemeanor, and upon conviction thereof shall be fined a sum of not less than ten dollars nor more than $100*00. HOSPITALISATION OF TUBERCULOSIS PAPISTS Section 38-401. CONTRACT'S WITH HDSLNCTALS.—The Department of Public Health of the State of Idaho, in addition to all other powers granted it by law, is hereby authorized and empowered to enter into contracts with hospitals meeting tho minimum standards set forth by the American Hosx-’ital Association, located within the State of Idaho, for tho care and treatment of persons suffering from active tuberculosis when such person or persons have been designated for such care and treatment as hereinafter provided. Section 38-4-02*. TERMS DEFINED.—Words and terns employed in this chapter shall be held to moan and be construed as follows: "a. Words used in the masculine gender shall include the feminine. ”b. The word 'hospital* shall include institutions estab- lished for the care of the sick which meet the minimal standards set forth by the American Hospital Association for such institu- tions. ”c. Tii3 words ’Department of Public Welfare* shtdi include the •commissioner’ of said department. "d, The words ’applicant* or ’petitioner1 as used herein shall include a parent or guardian seeking care and treatment on behalf of a child, ward, or incompetent personT »*c. The term, ’tuberculosis specialist’ as used in this chapter snail mean a person appointed by the commissioner of public welfare as such under the provisions of this chapter. 18 ,!f. The terms ’physical and clinical findings* shall mean the physical findings recorded after a personal examination by a county physician or any physician duly licensed to practice medicine under the laws of the State of Idaho, or as may be required by regulations promulgated by the Department of Public Welfare, Section 38-103. DESIGNATION FOR CAHE AT HOSPITAL—AUTHORIZING SEGREGATION OP NON-RESIDENTS AND RESIDENTS FOR LESS THAN ONE YEAR— SEGREGATION FOR PROTECTION OF PUBLIC HEALTH-—PROCEDUHS. —Any person who has been a resident of the State of Idaho continuously for one year immediately prior to the making application therefor, may upon his personal petition or upon the petition of his parent or guardian be designated for care and treatment at a hospital, mentioned in Section and at the expense of the state and county, (each bear- ing equal shares, save as to transportation) upon compliance with the procedure hereinafter set forth. In the interests of.public health and for the protection' of the public, the said Department of Public Health and the Commissioner thereof is hereby empowered and authorized to segregate and hospital- ize any person, who, although a resident of the State of Idaho, has not resided in the State of Idaho continuously for one year immedi- ately prior to such time, upon the personal petition of any such per- son or upon the petition of his parent or guardian, and the Commissioner of Public Health if he deem it in uho interests of public health and necessary for the protection cf the public may designate any such per- son for care and treatment at a hospital, mentioned in Section 38-4DI and at the expense of the stats and county (each bearing equal shares, save as to transportation) and such application for hospitalization by any such person shall be made in accordance with the procedure herein- after set forth. The Department of Public Health, and the Commissioner thereof, is hereby further empowered to segregate and hospitalize any non- resident in the interests of puolic health and for the protection of the public until any such non-resident may be returned tc the place of his permanent residence, and upon the personal petition of such non- resident or upon the petition of his parent or guardian, and if the Commissioner of Public Health deem it in the interests of the public health and necessary for the protection of the public that such non- resident be segregated and hospitalized, such non-resident may bo designated by the said Commissioner of Public Health for segregation at a hospital, mentioned in Section 38-lCl and at the expense of the state. Such applicant shall file a petition duly verified under his oath with the Department of Public Health setting out the following: His name, age, and place of residence, and if a resident of this state, the period of such residence, and that no is suffering from active tuberculosis; that he is unable to pay for such care and treatment, either in whole or in part, and desires to secure the same under the provisions of this chapter. Said petition shall also set out an itemized statement of till property owned by said petitioner or by the parent or guardian (if a guardian of the person and estate or guardian of estate only) and the reasons why said applicant is financially 19 unable to pay for his own care and treatment in whole or in part. Attached to such petition shall he the certificate of the "tubercu- losis specialist," herein provided for, certifying that has person- ally examined the "physical and clinical findings" of such person, •and that in his opinion such person is suffering from active tubercu- losis, and would be benefited through hospitalization and treatment. Such certificate of the said "tuberculosis specialist" shall further set forth whether in the opinion of the said "tuberculosis specialist" it would be in the interests of the public health and necessary for the protection of the public that any such person be hospitalised and treated. The said Commissioner of Public Health shall upon the filing of such petition as hereinabove provided with the said Department of Public Health on the basis of such petition and upon such other and further proof and evidence, either oral or documentary, as he may require, determine whether or not any such person shall be hospitalized and treated as in this chapter provided .and may order that any such person should, be hospitalized and treated. Upon such order the said Commissioner of Public Health shall submit the petition of any such person, such other documentary proof and evidence as may have been required by tne said Commissioner of Public Health, and such order to the chairman of the Board of County Commissioners of the county wherein the said person to be hospitalized and treated resides, if a resident of the State of Idaho. At the earliest convenient time thereafter, the Board of County Commis- sioners of the county wherein such applicant resides on the basis of such application, such proof and documentary evidence as may have been required by the Commissioner of Public Health, and the said order of the Commissioner of Public Health and after requiring such further proof as they may deem necessary, shall make their order either agreeing or declin- ing to contribute to the expenses of such hospitalization and care for any such person, .-and such order of said Board of County Commissioners shall be endorsed on the order theretofore made by tne said Commissioner of Public Health, and promptly thereafter the said Board of County Com- missioners shall return such application, documentary proof and order with the action of the said Board endorsed thereon to the Department of Public Health. If such action of the Board of County Commissioners be adverse bo the finding and order of the Department of Public Health, and the said Board of County Commissioners decline to contribute bo tne expenses of hospitalization and treatment of any resident, the said Com- missioner of Public Health may appeal to the district court In and for the county wherein any such applicant resides in the same manner ns is herein provided for the api>anl of any applicant, and if upon such appeal, said district court be satisfied that the applicant is a resident of such county, is entitled to such treatment and ho spitallzat i on and is unable to pay for the same, in whole or in part, the said district court shall make its order requiring said Board of County Commissioners to contribute to such expense of hospitalization and care as herein provided. Provided that if the Boars of County Commissioners of the County wherein any such applicant resides declines to contribute to the expenses of hospitalization and treatment, the said Commissioner of Public Health may segregate and hospitalize at the expense of the state and without contribution from trie county any applicant whenever the said Commissioner shall deem it necessary for the protection of the public health that any 19a such applicant be segregated and hospitalized, and such power to so segregate and hospitalize may be exercised by said Commissioner in lieu of an appeal to the district court as herein provided, or after such appeal if the district court does not order the Board of County Com- missioners to contribute as herein provided. Section 38-404. TIME AND MANNER OF APPEALING FROM ADVERSE ACTION BY DEPARTMENT OF PUBLIC HEALTH OR BY COUNTY DEPARTMENT OF PUBLIC HEALTH OR BY COUNTY COMMISSION HR—HEARING UPON APPEAL Any person dissatisfied with the action of tne Department of Public Health or of the Board of County Commissioners on any application horeun.de: may appeal therefrom to the district court of the county wherein he resides at any time within thirty days after the rendition of the adverse ruling or order by cither such Department of Public Health or said Board of County Com- missioners, Such appeal shall be taken by filing a notice thereof in the district court and serving a copy thereof on each the Department of Public Health and Board of County Commissioners. Such notice shall be in such form as to indicate to the Department of Public Health and to the Beard of County Commissioners that such party is objecting to the action taken by either the Department of Public Health or the Board ;f County Coxomissioners and that the applicant desires to appeal therefrom and no particular form shall be required or prescribed for such notice of appeal. When a party so appeals to the said district court a hearing upon the petition of the applicant shall be tried anew in the district court. Upon receiving such notice of appeal, the Department of Public Health must transmit within five nays from the filing of such notice to the clerk of the district court of the county wherein such applicant re- sides, the original petition, application and such ether documentary proof and evidence as may have been required by either the Department of Public Health or said Board of County Commissioners ana the order H tiie Department of Public Health and the said Board of County Commission- ers. The clerk of the district court in and for the county wherein applicant resides shall receive and file such appeal, without fee, and the judge of said court shall at the earliest convenient time thereafter, hear testimony in support of said petition and appeal, and if he shall be satisfied from the evidence adduced at such hearing that said peti- tioner is suffering from said disease in an active stag.., and is finan- cially unable to pay the cost and expense of his care and treaument, in whole or in part, he shall make an order uirecting that the said person bo treated and cared for at the expense of the state and county, under the provisions of this chapter. It is the intent hereof that such hear- ing shall be informal and solely for the purpose of establishing the facts of the petition as to whether or not the petitioner is entitled to such treatment and care and is unable to pay for the same, in whole or 111 part, and it shall not be necessary that an attorney represent such petitioner at such hearing. Section 38-405. EXPENSES OF TRANSPORTATION.- -The county of which said petitioner or applicant is a resident shall pay the coat and expense of the transportation of a person designated for such care and treatment to and from liis or her home to said institution with which said depart- ment shall have entered into a contract for the care and treatment of such persons. 19b Section 38-406. EXAMINATION OF APPLICANTS.—REPORT OF FINDINGS— APPROVAL OR DISAPPROVAL.—It shall be the duty of the county physician of each county to examine, without cost, all persons who desire to make application to be treated and cared for under the provisions of this chapter, and to make “physical and clinical findings" on such forms and under such regulations as may be prescribed by the Department of Public Welfare, and transmit the same to said department where said findings and records shall be passed upon by the “tuberculosis specialist" here- in provided for, and the "public health advisor," who shall thereupon either approve or disapprove the same, and if they approve, shall return the same with their conclusions to be attached to said petition for filing in said district court. Section 38-407. ORDER OF COURT —ASSIGNMENT OF PATIENT TO HOSPITAL,— A true copy of the order of the court, above-mentioned, shall be at once transmitted by the clerk to the Department of Public Welfare and another delivered to said petitioner, if designated for care and treat- ment. The commissioner of said department snail file said order which shall be authority for him to issue instructions to the county com- missioners of the county from which said patient comas, assigning said patient to an institution with which he has contracted, and his assign- ment thereto shall be final. Section 38-408. TUBERCULOSIS SPECIALIST—APPOINTMENT AMD REMOVAL— SALARY—ADDITIONAL LSDICaL SERVICES.— For the purpose of carrying out the provisions of this chapter, the commissioner of public welfare is hereby authorized and directed to appoint a 'tuberculosis specialist.' Said tuberculosis specialist shall be a physician recognized by the national tuberculosis association as a tuberculosis specialist. He shall be subject to the supervision, direction and control of the com- missioner of public welfare, shall be removable at the pleasure of said commissioner, and his duties shall be such as are specified in this chapter. The salary of said tuberculosis specialist shall be fixed by the commissioner of public welfare at not more than *250 per month, end in viar of tho maximum limits ex such compensation. he shall be required’to devote only such part of his time to the duties of such employment as are required for the performance thereof and may, outside the time required for the discharge of said duties, have other business or employment. The commissioner may also, within the limits of the appropriation available therfor, employ such additional medical services and assistance as he may deem necessary to fully carry out this chapter. Section 38-409. DUTIES OF TUBERCULOSIS SPECIALIST.-- In addition to other duties prescribed, it shall be duty of said tuberculosis specialist without compensation other than herein pro- vided, to make a careful physical examination of all applicants on admission to hospitals under this chapter, and at the time of their discharge and at such other times as may be required, to keep such records and make such reports to the commissioner concerning patients receiving treatment hereunder and f all applicants hereunder as said commissioner shall direct, to attend all persons who are ad- mitted to hospitals for treatment, under this chapter, and prescribe 20 anti supervise their care and treatment in such hospitals, and to perform such other duties as are elsewhere in this chapter provided or as may he required of him by the commissioner of public welfare in carrying out the terms and provisions hereof. Section 38-110. RULES AND REGULATIONS—COMMISSIONER OF PUBLIC WELFARE.—The commissioner of public welfare shall have power to make and enforce, in addition to the rules end regulations for which specific provision is herein made, all such rules and regulations not inconsistent with the provisions of this chapter as may be neces- sary and/or convenient to fully carry out its terms and provisions, and he shall keep a full and complete x'ecord of all applications made for treatment hereunder and of all persons receiving such treat- ment . Section 38-111. APPORTIONMENT OF EXPENSE TO COUNTY,—The Boards of County Commissioners of the various counties of the state are authorized and empowered to pay for one-half of the cost of the care and treatment of any resident of their county under the provisions of this chapter, and to the extent specified herein, 'end also to provide transportation to and from such hospitals for the applicants residing in their county, and pay the same from the general fund of the county. Provided that any applicant desiring to voluntarily contribute any part of portion of the expenses required for his hospitalization and treatment, may make such contribution to the Department of public Health, and only the remaining expense of such hospitalization find treatment shall bo divided equally between the state and county. Section 38-112. DESIGNATION AS APPROVED HOSPITAL—STANDARDS. — The commissioner of public welfare shall, with the approval and con- currence of the state medical advisor and the tuberculosis specialist, promulgate and establish uniform standards ana specifications for determining whether or not a hospital is suitably equipped, managed, conducted and operated for the care and treatment of tuberculosis, under this chapter, which standards and specifications may, in like manner, be from time to time altered and amended. Any hospital located in the State of Idaho which meets the minimum standards set forth by the American Hospital Association and which: ”1. Complies with such standards and specifications; find, ”2. Files with the commissioner a schedule of rates for which it agrees to render hospital service under this chapter, and which rates are approved by the commissioner, shall on application, be designated by said commissioner as an approved hospital for the purpose of this chapter, subject to revocation at any time it ceases to meet such standards and specifications. The decision of the commissioner of public welfare, concurred in by said state medical advisor and the tuberculosis specialist as to what constitutes com- pliance or noncompliance under this section shall be final. 21 Section 38-413. niSPSCTIO!! OF HOSPITALS—T PHS OF CONTRACTS— REPORT OF COMMISSIONER OF PUBLIC WELFARE. —The commissioner of the Department of Public Welfare shall at such intervals as he deems necessary visit and inspect or cause to be visited and inspected, such institutions or the places of care and treatment of the per- sons with whom he has entered into contracts on behalf of the state as herein provided to determine whether or not the patients of the State of Idaho lodged thereat are being well and properly cared for and treated, and all contracts entered into in accordance with the provisions of this chapter shall provide that he may without notice or penalty remove any or all such patients if in his judgment they are not receiving proper care and treatment. Said contract shall also provide that the State of Idaho shall in no event be obligated to pay more than one-half the cost and expense of the care and treat- ment of any person lodged at such hospital. It shall bo the duty of the commissioner of public welfare to include in his report to the governor, and at such other times as demand may bo made therefor, the names ard original places of res-* idence -of the persons under treatment and care as provided by this chapter, together with names of any person or persons who may have died at or been discharged therefrom, and make full report of his administration of this chapter. Section 38-415. FILING OF APPLICATIOll—TB3 OF ADMISSION— APPORTI IN!FT OF FUPDS.—Every application shall be filed by the commissioner as part of the records of his office and qualified applicants shall be entitled to admission at the time and in the order designated by the commissioner. In making such designations, the commissioner shall apportion the funds paid by the state as equitably as possible between the various counties, taking into consideration thoir respective populations, the prevalence of tuberculosis therein and the condition of the particular applicant; and he shall also govern such designations, so far as practicable, so that the charges incurred against the appropriation herein made shall be substantially uniform from month to month during the present biennium. Section 38-416. CERTIFICATION OF C LA IPS UNDER APPROPRIATION IN SECTION 38-414.—The tuberculosis specialist shall certify to the commissioner of public welfare, all claims against the appropri- ation herein made which have been incurred by or under his author- ization or direction, and the said commissioner, as the head of the department, is authorized to certify all claims lawfully payable from the appropriation herein made, to th3 state auditor and to the state board of examiners for allowance or rejection as in the case of all other claims against the state and all claims duly allowed shall be paid by warrants drawn by said auditor on the state treas- urer as in other cases. 22 Section 38-41?. ENABLING THE STATE OF IDAHO TO ACCEPT FEDERAL AID,—The State of Idaho is hereby authorised to cooperate with the Federal Government or any established agency thereof, in any program for the hospitalization, care and treatment of tuberculosis patients The Commissioner of Public Health is hereby empowered to accept any advisable program and to make any necessary regulations which are no- in contravention of the purposes of this Act. The Treasurer of the State of Idaho is hereby authorized and directed to accept any funds or grants in aid from the Federal government for hospitalization, care and treatment of tuberculosis patients and to hold said funds ij a special trust fund hereby created, which shall be known ns the "Anti-tuberculosis Fund," Expenditures from such fund shall be in manner provided by law and in conformance with the provisions of Federal requirements. 22a Chapter 79, Session Laws 1941 Be It Enacted by the Legislature of the State of Idaho; Section 1. A hospital for the car'' and treatment of persons having tuberculosis shall be established, remodeled, and equipped by the State of Idaho upon certain property belonging to Gooding College of the Methodist Episcopal Church, situated near the City of Gooding, in Gooding Countv, State of Idaho, described as acreage tracts 23, 31, 32 and 37 South Goodinr Acreage, containing approximately 40 acres of land, provided that said property together with the water rights appurtenant “hereto and all building and appurtenants there- on be, within ninety (90) days after the enactment of this bill, donated to the State of Idaho free and clear of all mortgages and other incumbranees thereon. Sec. 2. For the purpose of making available additional funds for assisting in carrying out the provisions of this act the Depart- ment of Public Welfare of the State of Idaho is hereby authorized to accept for and on behalf of tbe State of Idaho from any depart- ment or agency, or other instrumental!tv of the United States Government, a grant or donation of money for the romod.ling, equip- ment and/or operation of said hospital, and to use the same f,cr such remodeling, equipment and/cr operation. Sec. 5. As soon as practicable after tbo acquirement of the site and the title thereto, the Department of Public Welfare shall proceed with the remodeling and equipment of said hospital, pro- cedure to be remulated by stipulations concerning construction of public buildings. Sec, 4. The Division of Public Health, of the Department of Public Welfare, in addition to all other powers granted it by law, is hereby authorized, empowered and directed to assume responsi- bility for the direction, operation, and control of the hospitali- zation of tuberculosis patients in said hospital. Soc. 5. In the event the functions now vesting; in the Division of Public Hot. 1th, of the Dopartmer-t of Public welfare, shall herein- after vest in or be transferred to any other office or department, the powers and duties of the Division of Public Health shall like- wise vest in such office or department. Soc. 6* The provisions of this Act are hereby declared to bo severable, and if any provisions of this Act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other previsions or applications of the Act which can be given effect without the invalid provision or applica- tion. Sec. 7. Chapter 204, Idaho Regular Session Laws, 1937, is hereby repealed. 23 36-101. DUTIES OF OFFICERS OFlEPAPARTMANT OF PUBLIC WELFARE.-*It shall be the duty of the Department of Public Welfare to enforce all laws of this state so far as they may relate to the healthfulness and i''Urity of such products, regarding the production, manufacture, or sale of dairy products, foods, meats, drinks, drugs and illuminat- ing oils. da: hiss ajid dairy products Section 36-401. NAMES OF DAIRYMEN TO T POSTED.—All wholesale dairymen and other persons having stationary places of business* keeping and offering for sale milk, shall at all times keep the name or names of the dairyman or dairymen, from whom the milk on sale shall have been obtained, posted in a conspicuous place where such mil!' may be sold or kept for sale* Section 36-402. DAIRIES TO EE INSPECTED AND RATED. — It shall bo tho duty of the Department of Public welfare to cause to be visited as frequently as it may doom necessary all dairies supply- ing dealers and consumers with milk, and inspect and score tho same according to the score card authorized by the Bureau of Animal In- dustry of the United States Department of Agriculture. A copy of the score' card shall be left with the owner and such information riven as will assist tho producer to improve the sanitary condtions or remedy such decocts as the score card indicates. A copy of the score card shall be kept on file in the office of the department. Section 36-403. EXCLUDING POOR MILK PROF SALS.—Milk and cream from dairies felling below fifty in the rating as indicated by the score card are hereby excluded fromsale, or being offer d for sale. Section 36-404. MILK MAGONE TO BE KEPT CLEAN.--Every person using, in the sole or distribution of milk, a delivery wagon, or other vehicle, shall keep the sam * at all tines clean and free from any substance liable to contain ina t>: or injure the purity of the milk. Section 36-405. HI IK WAGONS TO BE COVERED,--Every person, firm or corporation using, in the sale or distribution of milk, a deliver wagon, or other vehicle shall, from May 1 to September 30, inclusive each year, have and keep over so,id delivery wagon or other vehicle a covering of canvas or other material rp arranged as t doquately to protect the contents from the heft of the sun. Section 56-406. MILK MUST BE BOTTLED IN KILN HOUSES.—Ho per- son, firm or corporation shall bottle any milk upon a delivery wagon or vehicle or in any place other than a milk house, dairy or other building where milk is regularly stored and sold. Section 36-407. (as amended) CARE AND USE OF CONTAIN EPS POP DELIVERING PILE AND CREAM.--* * * Every person, not a common carrier •who receives in containers from a private or common carrier any milk, cream, or product thereof, intended for human consumption, and which contain rs are to bo returned to th producer, shipper. 24 consignor, distributor or manufacturer, shall cause the containers to be thoroughly cleansed and sterilized by boiling water o- super heated steam b fore returning the same. All containers, in which milk or any produce bf milk is kept, stored, transported or de- livered shall be sound, smooth, free from rust cr open seams, and at all times kept in a condition which will permit thorough cleans- ing of all surfaces with which the milk or its products come in contact. Containers commonly used and intended to be further used for the reception, store go, or delivery of mil1:, cream, or products thereof, intended for human consumption, shall not be used for any other purpose. All containers delivered or returned to the producer by the manufacturer, retailor, or cii stributer of milk, for the reception of milk, cream, or products thereof, intended for human consumption, shall bo kept by the producer, whether the same be owned'by the producer, manufacturer or distributor, in a clean, sanitary and sterile condition. Section 35-408* (as amended) KIIX MUST BS BOTTLED.—* * * *. No person, firm or corporation shall give, furnish, soil or offer for sale, or deliver any milk, buttermilk, whey, sour milk, skim, milk, or cream in quantities loss than one gallon, except in sani- tary bottles, sealed with suitable cap or stopper. * * ♦ * The milk house, dairy nr other place * * * shall be a room which id n~t used for any other purposes than the handling and sale of milk, cr milk products. Section 36-409. CANS MUST BE WASHED ‘MID SCALDED.—Any person, firm or corporation who receives milk or cream, ico crown, or other mill: food products, in bottles, cans, vessels, or other milk food receptacles, before returning the same empty, shall cause said cons, bottles, vessels, or ether mill: food receptacles to be thoroughly washed, cleaned, steamed cr scolded and aired. Section 36-410. ETPTY BOTTLES FRO?' QUARANTINED PRAISES.— No person, firm or corporation shall remove from any dwelling in which any communicable disease exists any bottles nr >r recep- tacles which have boon or which arc to be used for containing or storing milk, except by permission of the local health officer. Section 36-411. REFILLILG BOTTLES O'-KAD BY OTHERS.— It shall be unlawful to fill or refill with milk, cream or other milk product, any glass jar or bottle having the name of any person, firm er cor- poration blown therein any private mark or marks irromovably branded, stamped, etched, or blown therein: Provided, that the provision of this section shall not extend to the person, firm or corporation whose own nano or nark is blown in such jar or bottle or to a duly authorized agent or employee of such person, firm or corporation. Section 56-412. COLD STORAGE BUTTER MUST BE DATED.—All butter that is placed in cold storage shall have stomp A or written on each box in solid black type, and easily discernible, the words ’’cold storage butter," together with the date when stored. 25 Section 36-415. SALE OF DILUTED MIIK FORBIDDEN.—No milk adul- terated, reduced or changed in e.ny respect by the addition of water or other substances, or by the removal of cream, except as herein- after provided, shall be sold or offered for sale; nor shall any person, firm or corporation keep, have, sell or offer for sole, or have in his, their or its possession with intent to sell, any such milk. Section 36-414. (as amended) MILK DEEMED TO BE ADTJLTERATED• — Milk shall ho deemed to be adulterated in any one of the following cases: 1. Milk containing Acre than eighty-nine ner cent of water or fluid. 2. Fill: containing less than eight per cent of milk solids other than fat. 3. Milk containing, less than three and two-tenths per cent of butter fat. 4. Milk drav/n from animals within fifteen days before or four days after parturition. 6. Milk drawn from animals fed on ♦ * * * any substance in a state of putrefaction of rottenness or any unwholesome food. 6. Milk drawn from cows kept in a crowded, insanitary or un- healthy condition. 7. Mill: from which any part of the cream has been removed. 8. Milk which has been diluted with water or any other fluid, or to which has been added, or into which has been introduced, any foreign substance whatever. 9. Milk which has not been properly cooled to a temperature lower than fifty-eight degrees Fahrenheit, or vfhich contains an excess of bacteria; provided, that all milk found not to have boon so cooled to a lower temperaturo than fifty-eight degrees Fahren- heit, the Department of Public Welfare may seise, confiscate and destroy. 10. Milk having a specific gravity of 1,ss than 1.029 at sixty degrees. .•moved 11. Milk containing any pathogenic bacteria. 12. Milk containing any boracic or salicylic acid, formaIdehyd or other foreign chemical, or any preservative whatsoever. 13. Milk containing any bacteria of any kind more than 600,000 per cubic centimeter. 14. Milk drawn from any cow having a communicable disease or from any cow or cows in a herd which contains any diseased cattle. 26 or fron a cow or cows in a herd the attendants of which are afflicted with or have been exposed to any communicable disease. 15. Milk which shows a dark prey, black or other sediment at the bottom of any bottle or other vessel in which it is contained. 16, Milk kept in refrigerators with vegetables or other prod- ucts, unless said milk is sealed in bottles. Section 36-415. MTIKMHM AFFLICTED WITH DIS L\S3.--Any milkman or dairyman being afflicted, or any member of v.-hose family is af- flicted, with a communicable disease, shall report the same to the state local health officer within twenty-four hours after ho knows or has reason to suspect such communicable disease, and said health officer shall take such stops as are prescribed by the Department of Public Welfare for the prevention of the spread of said com- municable disease by said milkman, dairyman, his family, hired he£ or their families. Section 36-416. SELLING ‘'ILK FROM III F EC TED PREMISES. — No mil or cream shall be sold or dispensed as food from any bouse, store, shop, dairy or other place in which there is c case of contagious or infectious disease, as odbrosaid, until all danger of contagion has boon removed, and permission in writing is obtained from the local health officer authorizing the sale of milk or cream, from sbid house, shop, or from said dairy, or other place. The existence of smallpox, typhoid fever, diphtheria, scarlet fever, measles or other communicable diseases on or in the immediate vicinity of the dairy farm shall be promptly reported to the county health officer and by him to the Department of Public Welfare, and the sale of milk shall be stopped until its resumption is authorized as provided by law. Section 36-417. MILK STORED IN INSANITARY CELLARS.—Ho person, firm or corporation shall store any milk in any basement, cellar, milk house, dairy, or other place unless such place iswell lighted, ventilated, and in a sanitary condition, and if such room or space is in a cellar or subcellar, the same shall be properly concreted, guttered and drained. Section 36-418. MILK KEPT 11 EAR INSANITARY PREMISES,—No per- son shall store any milk in any basement, collar, refrigerator, milk house, dairy, or other place which is within fifty feet of any closet or privy vault or cesspool or any horse or cov r,table or any chicken or poultry yard or coop. Section 36-419. SKILLED MlliC—ViTHHSJ SALABLE. —No person shall soil, or offer for sale, or have in his possession with intent to soli, milk from which the cream has been removed, either in whole or in part, unless sold as skimmed milk, and unless on both sides of the vehicle fron which said milk is sold there is displayed in letters not less than four inches in heipht the words "skimmed milk.” If not sold from a vehicle, upon each and every vessel from 27 which said milk is sold, there shall be painted in letters at least two inches in height, or displayed in plain and legible manner, the words "skimmed milk." Section 56-420. SKITTR3P MILK—STANDARD* —No person shall, sell or offer for sale, or have in his or their possession with intent to sell, any so-called skimmed milk containing less than nine and three-tenths per cent of milk solids and not to exceed an acidity of two-tenths per cent, and must bo delivered bo purchasers at the sane temperature as provided in this chapter for sweet milk. Section 56-421. SKIVED MILE—: AN FACTOR AH? FAY HANDLE '.'HOLE- SALA.--Manufacturers who make affidavit in a Form to be prescribed by the Department of Public Welfare that tho skimmed milk th.-.y handle will not be sold at retail ac milk, but solely us -d for manufactur- ing purposes, shall be exempt from the foregoing provision. Section 56-422. STANDARD FOR CIDCAk*—lie person, firm or corpora tier, shall keep, sell or offer for sals or have in his or their possession with intent to soil, any creamto which any foreign sub- stance has been added or containing loss than eighteen per cant butter fat, and when sold to any person, Firm or corporation, must be truly represented as to being "coffee" or "whipping cream," with fin acidity not greater than twenty-five hundredths of one per cent. The term "cream" moans that portion of milk representing milk fat which rises to the surface of milk standing, or is sep- arated from it by centrifugal force, and which is fr sh and clean. Section 56-423. WAIGilT OF UILK*—/' pint of milk shall weigh one pound strong and a quart of milk shall weigh two pounds strong and shall not be sold otherwise. Section 56-454. FEALTIES.—Any person, or persons, corpora- tion or corporations violating, or who shall fail to comply with the preceding section, numbered 56-401 to 56-425 inclusive, or any part, provision or section thereof, shall bo guilty of a misde- meanor, and upon conviction thereof, shall be punished by a fine not less than ton dollars and not exceeding 5500.00, or by imprison- ment in the county jail for a period not exceeding six months, or both such fine and imprisonment. Section 36-425* REPORTS BY DAIRIES, CD A'k .TRI AS AND CEIvTSB FACTORIES.—The Department of Public Welfare shall furnish blanks to all proprietors or managers of creameries, cheese factories or milk dairies that ship mill:, and all vendors and peddlers of milk and dairy .(roods handled, and all owners or nannyts of such cream- eries and choose factories, and all milk dairies and *11 milk ven- dors, or milk peddlers shall fill out the blanks, giving r full and accurate report of the business done during the year, and send them to the Department of Public Welfare before the first day of November of each year, Every person or corporation who shall en- gage in the business of purchasing or dealing in milk shall attach in a permanent manner to each can furnished by him or the producer, a tar containing in plain figures a correct statement of the capac- ity thereof., Any neglect or failure or false statement on the part 28 of the proprietor or manager of such creamery, cheese factory, dairy or milk vendor or milk peddler, shall be considered a misdemeanor, and upon conviction thereof the person guilty shall be punished as provided in section 36-109; Provided, that any information thus furnished shall be published only in such form as to show totals and averages, and not the details of the business of any individual or concern. Section 36-426. TEST OF CREAM CHEESE.--Cream cheese under this chapter shall contain net less than thirty per cent of pure butter fat and shall have been manufactured from pure and wholesome milk, from which no portion of the butter fat shall have beer removed by skimming or by other process, and in the manufacture of which neither butter nor any substance for butter, or an?/ animal or vegetable fats or oils, have boon used, or any fat which has been extracted from milk in any form and returned for the purpose of filling said cheese. All cheese containing less than thirty per cent of pure butter fat shall be marked "skimmed cheese” in full face capital letters not less than one inch hich with such ink as is not easily removed by moisture. The manufacture or sale of any cheese containing loss than fifteen per cent of pure butter fat, or so-called ”filled choose," is hereby prohibited: Provided, that nothing in this sec- tion shall be construed to apply to Edam, Brickstain, pineapple, Limburgor or Swiss choose, or handmade cheese, or any other fancy cheoso: Provided, further, that cheese not made in this state, but which shall bo sold or offered for sale in this state, shall bo so stamped as to indicate its true character: and, provided further, that no cheese shall bo stamped "full cream" which dojs not in every particular comply with the requirements of full cream cheese, as hereinbefore set forth. 36-427. SALE OF CHEESE CONTAININC FOREIGN SUBSTANCES UNLAW- FUL.—It shall be unlawful for any person to sell or offer for sale or exchange, or have in his possession for sale, any cheese contain- ing any substance except salt, rennet and harmless vegetable coloring matter, other than that produced from pure milk or cream, or both, or from pure skimmed or pure half-skimmed milk. 36-428. FRAUDULENT SALE OF IMITATION BUTTER A MISDEMEANOR.-- Every person who sells or keeps for sale, or offers for sale, or otherwise disposes of, oleomargarine, butterine, mixture imitating butter, or adulterated butter, under the name of or under the pretense that the same is butter, or keeps for sale or manufactures oleomargarine, buttorine, mixture imitating butter, or adulterated butter, without branding the same or the package in which it js con- tained, on the outside thereof, with the word "oleomargarine," "butterine," or "adulterated butter," is guilty of a misdemeanor. 36-429. USE OF IMIT.TIOU BUTTER IN SATING HOUSES PROHIBITED.— EXCEPTIONS.—Ho person, by himself, his agents, or his servants, shall render or manufacture, soli, offer for sale, expose for sale, or have in his or their possession with Intent to soil or serve to patrons, guests, boarders, or inmate- of any hotel, eating house, restaurant, public conveyance or boarding house or public or private? hospital. 29 asylum, school or eleemosynary or penal institution, any article, product, or compound made'wholly or partly out of any fat, or oil, or oleaginous substance o*' compound thereof, not produced directly and wholly at the time of manufacture from unadulterated milk or cream from the same, with or without harmless vegetable coloring matter, which shall bo in imitation of yellow butter produced from pure, unadulterated milk or cream from the same: Provided, that nothing in this chapter shall bo const?'ued to prohibit the manufac- ture and sale of oleomargarine in a separate and distinct form, and in such manner as will advise the consumer of its real character, free from, coloration or ingredient which causes it to resemble butt r or the use of the same by patrons, guests, boarders, or inmates of any hotel, anting house, restaurant, public conveyance, or boarding house, when signs are displayed in a conspicuous place that may bo easily road from any part of the room. Section 36-430. FAULTY FOR VIOLATING PRECEDING SECTIONS.--Any person, firm, corporation or other organization, foreign or domestic, or any officer, agent or receiver of any firm, corporation or other organization or any member of the same, or any indivdual, violating any of the provisions of s actions 36-428 and 36-429, shall b - deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than f 100.00 nor mom. than ■;500• 00 for each offense or by imprisonment in the county jail not to exceed six months, or by both such fine an*4 imprisonment, and, if a corpora- tion, may have its charter or permit to do business in this state forfeited. Section 36-451. SALES OF PROCESS BUTTER—RESTRICTIONS.--No person, firm or corporation shall manufacture, sell or offor for sale or have in his possession with the intent to sell, butter known as ’’process butter” unless the package in which the butter is sold has marked on the side of it the words “renovated butter” in capital letters one inch high and one-half inch wide, with ink, which is not easily removal: Provided, that it shall be unlawful for any retailer to soil said butter unless a card is displayed on the package from which he is selling butter, v/ith the following words printed thereon, so that it may be easily read by the purchaser, to wit: ’’renovated butter"; or if it is sold in packages on which a wrapper is used, the words "renovated butter” shall be plainly printed on each and ovary wrapper; Provided further, that all process butter shipped from other states shall be subject to the same regulations as are provided in this section. Section 36-432. (as amended) * * * DEFINING BUTTER AND PRESCRIB TNG OUALITY. — * * *Butt 'r is the product made by gathering the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of other milk constituents, with or without salt or a harmless coloring natter. Butter shall bo clean and non- rancid and shall contain not less than eighty per cent (80#) of butter fat. Section 36-433. WEIGHT OF EUTTER.— Each package of butter of- ferer! or exposed for sale shall have stamped upon the wrapper or package, the actual number of ounces contained in said package. 30 Each snuare or roll of butter kept, exposed or offered for sale in the State of Idaho, which is represented to contain one pound in weight, shall contain full sixteen ounces; and each souaro or roll of butter kept or offered for sale in the State of Idaho, which shall be represented to contain two pounds in weight, shall contain full thirtv-two ounces. Section 36-434. ADVERTISING SUBSTITUTES FOR DAIRY PRODUCTS.— It shall be 'unlawful for any person, firm or corporation to make use of the words, milk, cream, butter, cheese, creamery, dairy, churn, cow, the name of any dairy breed or any pictorial representation of any of these terms in connection with tho sale, offering foe sale or advertisement of any substance designed to be used as a so-called substitute for milk, chouse, but" -r or any other dairy products. Section 36-435. (as amended) PENALTY 1 OR VIOLATING PR TO IDIUG 37/ TIOTiS• — —Aiiy person, firm or corporation, violating the provisions of sections 36-431 to 36-434, inclusive, or any part or provision of anv of said sections, shall be guilty of a misdemeanor and punishable by a fine not exceeding 4200.DC or imprisonment in the county Jail not exceeding six months or by both such fine and imprison- ment. Section 36-436. DL30?!AR0AHIN3- -PURCKAS3 FOR PUBLIC INSTITUTIONS UNLAWFUL.—It shall be unlawful for the state purchasing agent of Idaho, tho county commissioners of any county, or any manager, manag- ing officer or agent of any charitable, educational, penal or reforma- tory institution owned, or operated bv or under the direction of, or operated in cooperation with, the State of Idaho, or any county of th > state, to purchase, furnish or provide for use in such institu- tion, any oleomargarine, oleomargarine products or any other substance made in imitation or semblance of butter or oth .r dairy products. Section 36-437. PdUALTY 1 OR VIOLATING Vh dCvDIDG BOTTOM .—Any person violating the provisions of section 36-436 shall be doomed guilty of a misdemeanor and upon conviction thereof shall bo fined not oxceJding 3300.00. FILL3D 1'ILE Section 36-501. JURISDICTION OF UEFA* T rURT OF PUBLIC wTLFARR. — Tho Depa.rtn ent of Public l/elfrre shall have charge of the enforce- ment of this chapter. Section 36-502. TERMS DEFINED. —Whenever used in this chapter tho tom ’'Person” shell include tin individual, partnership, corpora- tion or association. Tho term "filled milk” shall morn any milk, cream, or skimmed milk,whether or not condensed, evaporated, con- centrated, powdered, dried, or dossicated, to which has been added, or which has boon blended or compounded with any fat or oil other than milk fat, so that th • resulting product is in imitation or semblance of milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or dcssicat>d, This definition shall not include distinctive proprietary food com- pound not readily mistaken from milk or cream or for evaporated, condonsed, or powdersd milk or crearn. 31 Section 36-503. FILL ID kl LK - -FAN UFA C TIFRB AND SALS Uj LAWFUL.— It is hereby declared that filled mill: as heroin defined is an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public. It shall be unlawful for any person to manufacture or sell or offer for sale within the State of Idaho, any filled milk. Section 36-504. REALTY FOR VIOLATION*—Any person violating any of the provisions of this chapter shall, upon conviction there- of, be subject to a fine of not more than 41000, or imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. LAB3LS AND Brands yoi: DAIRY PRORPCT Section 36-601. REGISTRATION OF BRANDS FOB DAIRY PRODUCTS,— All persons, companies and corporations engaged in the transporta- tion or manufacture of any dairy product or ice cream, or in bottling milk and cream for sale and use may adopt a mark or marks or ownership to be stamped or marked on any can, bottle, cask, keg, barrel or other receptacle used in the handling and transportation of any of said products, and may file in the office of the Secre- tary of State a description of the name or marks so used by them or either of them, and the use to bo made cf any such can, bottle, cask, kog, barrel or other receptacle, and cause the same to bo published for two successive weeks in a weekly newspaper published and in general circulation in the State of Idaho. Section 36-602. CHARACTER OF BRAND.—The brand or nark so se- lected and adopted os heroin provided may consist of a name, design, mark or marks, or seme particular color of paint or enamel, used upon the can, bottle, cask, keg, barrel, or other receptacle, or any part thereof. Section 36-603. UK LAWFUL US5 OF BRAND3D HOCOFTAGLB.—It shall be unlawful for any person other than the rightful thereof to use any can, bottle, cask, keg, barrel or other receptacle marked or branded as heroin provided, for any other purpose, or for the transportation nr handling of any other article or product than designa+od or provided for by such branding. Section 36-604. UNLAWFUL TO ADOPT BRAND 01 \N0THBH.— It shall be unlawful for any person, company or corporation to adopt or use any brand or mar): which has already been designated, appropriated or obtained under the provisions of this chapter. Section 36-605. HI'LAWFUL TO DEFACE OR BRAND.—It shall be unlawful for any person other than the rightful owner thereof to defaco or remove any such brand, nark, or stamp put upon any such can, bottle, cask, keg, barrel or other receptacle herein provided. Section 36-606* ;3IF0KCi61,r.;®T OF Ii.V,r*—For the purpose of pre- venting the use of said cans, bottles, casks, kegs, barrels, or other receptacles for any purpose other than that herein provided, and to 32 insure the wholescmeness and hirh quality of said products, and the sanitary condition of the receptacle in which the same are transported, it shall be the duty of the Department of Public Welfare to enforce the provisions of this chapter. Section 36-507. PPUALTY.—Whoever shall violate any of the provisions or sections of this chapter shall be guilty of a misde- meanor, and shall, upon conviction thereof, be punished by a fine of not more than £100.00 or by imprisonment in the county jail not exceeding thirty days, or by both, such fine and imprisonment, at the discretion of the court. Chapter 141. Session Lows of 1S41 Be It Dnactod by the Legislature of the State of Idaho; Section 1. That Title 36 of the Idaho Code Annotated be and the sane is hereby amended by adding thereto a now chapter number Chapter 17, which new chapter shall be numb rod and r -ad as follows; "36-1701. Hereafter no person shall use tb ; toms "grade A>" "made B," "crude C," or combinations or multiples of the letters "a,” "b," and "c," or any terra similar thereto when used to indicate quality on packages or containers containing milk or milk products or on or in connection with such products themselves, except a? fol lows: (l) In regard to milk or cream and pursuant to the terms of an ordinance of any incorporated city that legally has adopted and passed a grade A ordinance regulating the production, handling, distribution and sale of milk or cream within such city, provided said ordinance meets the requirements of the "Standard ifilk Ordinance" referred to in subdivision (•:>) of this section. (2) Unless such labeling complies with any grade established by the United States Department of Agriculture. (3) In all cases not covered by subsections (l) and (2) hereof the use of the grade or quality dcsinations heroin n mtioned shall be unlawful uni s such person is licensed to use the sane by the Department of Public Welfare of the State of Idaho. In the case of milk or milk products not covered by the pro- visions of subsections (l) and (2) hereof, the department shall establish grades which shall be the same cs those established by the United States Public Health Service and approved by th© United States Department of Agriculture known as the "Standard Milk Or- dinance.” The grades established for milk and milk products pursuant to authority mentioned in this subsection shall be ;ntirely voluntary raid no person shall be required to use the same except those who so des iro and who voluntarily apply for and receive a license under this chapter. 33 nothing in this chapter shall be construed to prohibit the use of any registered or copyrighted brand or trade-mark, design or de- vice pursuant to the provisions of any laws of this state or any other state or of the District of Columbia or the United States, provided such use is not in conflict with this chapter. 36-170'?. Any person desiring a license under this act shall moke application therefor to the Department of Public Welfare, and upon such application being filed, said department shall furnish such applicant with the terms, conditions, rules and regulations, and upon the compliance therewith shall issue such applicant a revocable license for the use of any of the grade marks described in this chapter. The form of such application and license shall be determined and pro- scribed by the Department of Public Health. 36-1703. The Department of Public Welfare shall establish rules and regulations governing the use of such grade marks mentioned in this chapter, and may revise such rules and regulations from time to time as may be deemed necessary end expedient. 36-1704. Any such license issued hereunder may be revoked for the violation of any of tho rules and regulations under which it is issued or amendments thereof, or for failure to maintain such a standard of quality as may be proscribed. 36-1705. The word ’’person” as used in this chapter shall in- clude individuals, partnerships, associations srf corporations. Tho terms ’’department” or ’’department of public welfare” shall mean the Department of Public Welfare of the state of Idaho. ’’Kill: or mi lk products” as used in this chapter shall b ; de- fined as and include those products enumerated and defined in the "Standard rilk Ordinance” referred to in section 36-1701, subsection (3). 33-1706. ' Any person violating any of the provisions of this chapter shall bo guilty of a misdemeanor and, upon conviction th ro- of, shall be punish'd by e. fine of not less than £10 nor more than £300, and on complaint of the Department of Public Welfare any per- son operating in violation of said chapter may be enjoined in a suit in equity. Sec. 2, If any provision of this Act or tho application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable." 34 Chapter 166. Session Laws of 1945 Be It Enacted by the Legislature of the State of Idaho: Section 1. The Department of Public Health is hereby authorized and directed to fix and prescribe, from time to time, minimum standards of pasteurized milk and milk products and including minimum sanitation standards relating to methods of pasteurizing the same and to the structure and equipment of such pasteurizing plants* In fixing such standards the department shall give consideration to advancements in science and improvements in methods of pasteurization. Section 2. The Department of Public Health, upon adoption of any such standards, shall cause the same to be published in pamphlet form and shall furnish the same free of charge to applicants therefor. Section 3. Any person engaged in pasteurizing milk or milk products which are to be labeled or represented as pasteurized shall register with the Department of Public Health on forms, containing, such information as the department may require, and shall permit the authorized agents of such department to inspect his plant and test the products thereof at all reasonable times* Section 4. This act shall not apply to pasteurized butter and pro- cessed milk products which are otherwise regulated by statute. Section 5. Any person, engaged in processing or selling any milk or milk product labeled or represented as pasteurized, who, after warn- ing from the Department of Public Health that such product does not con- form to the standards or has been or is being processed by methods or in plants not conforming to the pasteurizing standards prescribed by the department, shall continue to sell or offer for sale such nonr*conforming product, labeled or represented as pasteurized, may be enjoined in equity from continuing such operations. FOOD AND DRUG LAWS Section 06-102. PAYT'FITT OF SXP3NSES.— The expenses incurred in enforcing the provisions of this chapter shall be pa id out of the funds appropriated for the Department of Public 'slfaro, and accounts thereof shall bo approved and certified by the department before presentation to the state auditor. Section 36-105. BEflNIAL FFPOKT. —The Department of Public Welfare shall biennially on or before December 1 preceding the assembly of the state legislature report to the governor a full account of its official actions under this chapter; also the operation and result of this or any other law pertaining to the dairy industry, foods, drink, and illuminating oils in the state, a full account of all expenses and disbursements of the department, as full and complete statistics as it is in its power to collect pertaining to the manufacture, import and export of dairy products within the state, for the biennial term and shall make suggestions as to the matter of further legislation upon this subject. Section 53-104. DISPOSITION OF 1 IDAS.— All foes, license moneys, fines, forfeitures and penalties which the Department of Public wel- fare may lawfully collect or impose shall be paid over to the stafca treasurer And placed to the'credit of the general fund. For failure to -perform the duty imposed upon him by this section the delinquent officer shall forfeit the sum of $1000, to be collected upon his official bond. All fines exclusive of costs collected by any of the courts of this state for violations of the dairy, food, sanitary and health laws of this state, shall be paid to the state treasurer and by him credited to the general fund. The costs aforesaid shall be retained by the county in which the suit is brought. Courts, in fixing money penalties, shall stats the costs separately, and in such a manner that the division of the moneys to be paid to the state and county, as provided by this section, may bo accurately carried out. Section 36-105. DUTIES OF INSPECTION. — It shall be the duty of the Denartment of Public welfare to enforce all laws that nov? exist, or that may be hereafter enacted in this state so far as they may relate to the healthfulness and purity of such products regarding the production, manufacture or sale of dairy products, foods, drink, and illuminating oils, and to inspect any article of milk, butter, cheese, foods, drink, illuminating oils, or imitations thereof, made or offered for sale within the state, which it may suspect or have reason to believe to be impure, unhealthful, adulterated, misbranded, or counterfeit, or not complying with this chapter, and to prosecute or cause to be prosecuted any person or parsons, firm cr firms, cor- poration or corporations, engaged in the manufacture or sale of any adulterated, misbranded, or counterfeit dairy products, food, drink, or illuminating oil, contrary to 1aw. The officials of the Department of Public Welfare shall have access, ingress and egress to and from all places of business, factories, farms, buildings, carriages and 39 cars used in the manufacture, transportation or sale of any article of food, and also into restaurants, dining halls, cafes, hotels ;.nd all rooms thereof, and all places where food is prepared, stored or served to patrons. They shall also have power and authority to open any package, can or vessel containing or supposed to contain any article manufactured, sold or exposed for sale, or held in possession with intent to sell, in violation cf law, and may inspect the contents thereof, and may take samples therefrom for analysis. Section 36-106* DUTY OF ATTORNSY-GEIJERAL AND PROSECUTING ATTOKNFYS, It shall be the duty of the ettorney-cereral or the prosecuting attorney in any county of the state, •-.•hen called upon by the Department of Public Welfare to render any legal assistance in his power to execute the laws, and to prosecute cases arising under the provisions of this chapter. Section 36-10?. DEPART5'TUT AY ISSUE .BULLETUIS.—The Department of Public Welfare shall have authority to issue bulletins, as often as deemed necessary, showing a list of the chemical analyses made by the department, also any other information which they may have in regard to the subject-matter of this chapter. Section 36-108. PROCURING SAMPLES.—All dealers, clerks, book- keepers, express agents, railroad officials, employees or common carriers shall render to the Department of Public Welfare, all the assistance in their power when so requester] in tracing, finding or discovering the presence of any article prohibit ;d by low, and in securing samples thereof, us provided in section 36-105. Any rsfusal or neglect on the part of such dealer, clerks, book1: .oners, express agents, railroad officials, employees or common carriers to render such friendly aid or to furnish such sample for analysis as provided for in this section shall b- a misdemeanor. Upon taking any such sample, the official of the Department of Pub] ic Welfare she. 11 mark or seal such sample vith a paper seal nr otherwise, and shall write his name there w and number sa id sample so as to properly identify the same, and shall tender to the manufacturer or vendor of such article or product or the person in whose control or possession such article or product may be at th? time th ■ same is taken the value thereof; and if the person from whom such snmpl is taken shall re- quest bin to do so, he shall at the same tin >, and in the pr as one a of the parson from whom th<; same is takon, seal with prop r seals or otherwise two samples of the article taken on each of which said samples, or on the seals placed thereon, shall be placed the name of the person taking said sample and also the number above provided for, the one of which samples shall be delivered to the person from whom the sampl> is taken, and the other shall b taken or forwarded by the official who procured the same to the Department of Public Welfare for the purpose of making chemical examination or analysis of samples so taken. Section 36-109. PENALTIES FDR TNT 1RFFRENC2—CONFISCATION.--Any person, manufacturer, producer or dealer who refuses to comply, upon demand, with the requirements of the preceding section, cr who shall obstruct nr. official of the Department of Public DTelfare in the performance of his duties under this chapter, or whoever violates 40 any of the provisions of this chapter, shall be deemed guilty of a mis- demeahor, and upon conviction, shall be fined not exceeding. tlOO.OO, or imprisoned not exceeding ninety days, or both. Any person found guilty of manufacturing or offering for sale, or selling, any adulterated, im- pure, or misbranded article of food, drink, or illuminating oil, in violation of the provisions of this chapter shall be adjudged to pay, in addition to the penalties herein provided for, all the necessary costs and expenses incurred in inspecting and analyzing such adulterate* or misbranded articles, which said person may have been found guilty of manufacturing, selling or offering for sale. And in addition ther - to, such adulterated, impure, or misbranded article, or articles, shall be confiscated, end upon the order of any court of competent Juris- diction, the official of the Department of Public Welfare shall destroy the same: Provided, that in case tho legal disability which exists against such article, or articles, is one which can be removed by proper labeling, the department shall sell the same and pay the proceeds into the state treasury, where they shall be placed to the credit of tho general fund. Section 26-110. POSSESSION OF TTRLAWFUL ARTICLES PRIMa FACIE VIOLATION.—Possession by any person or firm of an article or substance the sale of which is prohibited by this chapter, shall be considered prim facie evidence that the same is kept by such person or firm in violation of tho provisions of this chapter, and thj Denartm ;nt of Public Weifarshall be authorized to seize upon and take possession of such articles or substance, and upon the order of any court of com- petent Jurisdiction, it shall dispose of the same as provided in the preceding section. Section 3-3-111. CERTIFICATE OF CHSTI5T PR BA FACTE EVIDENCE.— In all prosecutions arising under this chapter, the certificate of the chemist making tho analysis or testing, when duly sworn to by such analyst, shall be prira facie evidence of the fact or facts therein certified. Section 36-112. SUBPOENA FOR CHPiTGT.— In any prosecution under this chapter, whenever the department shall certify that the presence of any of its chemists is necessary as a witness in the trial of the cause, the Judge of the court, or the probat s Judge of the county wherein such trial shall be held, shall issue a subpoena for his attendance at the trial; and it shall be the duty of such chemist to obey said subpoena, and all his actual and necessary expenses shall be paid by the county wherein said trial was held in tho sane manner that county officers are paid, and in case of conviction, shall b :• charged to the dof ndant as part of th : costs of the prosecution. Chapter 77, - Session Laws 1939 Bo it 'Enacted by tho Legislature of the State of Idaho: Section 1. That it shell be unlawful for any person or persons by himself, horself, or themselves, or by his, her, or their agents, ser- vants or employees, to Sill, offer for sale, expose' for sale, or have In possession with intent to sell, sausage that is adulterated within the moaning of this Act. 41 Section 2. DEFINING SAUSAGE.--That for the purpose of this act pork sausage shall be held to be a comminuted meat from swine only, fresh or smoked, with added sugar, salt and spices, and without the addition of more than 3% ice or water. That hamburger shall consist of ground or chopped fresh beef, with or without salt and seasoning, and shall not contain more than oQ% fat. That for the purpose of this Act, other sausage shall be held to be a comminuted meat from cattle, or swine, or sheep, or edible organs of same, or a mixture of such meats and edible organs, either fresh, salted, pickled or smoked, with added salt and spices, and with or without the addition of edible fats, blood and sugar, or subsequent smoking, and not to exceed 3t extender. It shall contain not more than ten per cent added water. Section 5, That for the purpose of this Act, sausage shall bo deemed to be adulterated: First. If it contains added water or ice in excess of the quantity required to bring the amount up to that which the meats from which it is prepared, contain immediately after slaughter, excepting such water and ice as may be added for the purpose of facilitating grinding, chopping, and mixing, and which shall in no case exceed ten per cent, os dotemined by the method used and recommended by the Bureau of Animal Industry of the United States Department of Agriculture. Second. If it contains more than three per cent milk powder, or heat flour and if it contains cracklings. Third. If it contains any added sulphurous acid, sulphur oxide* or sulphites, benzoic acid or benzoates, nitrous acid, or any free chlorine or active combination thereof, except as hereafter provided; or if it contains any added boric or borates, salicylic acid or salicylates, formic acid or formates, hydrogen peroxide or other peroxide, formaldehyde, hydrofluoric acid or flouridos, fluobor-ates, fluc.silicr.tor?, or ther fluorine compounds, dulcin, glucin, saccharin, compounds of copper or zinc, beta naphthoi, hydronaphth^l, cbrastol, rsapr 1, pyroli n.vous acid, or any other added ingredient deleterious to health. Provided that nothing contained in this paragraph shall be construed to prohibit the use of pure and recognized edible substances or f ood accessories for flavoring, leavening and condimental purposes only, and not for any fraudulent purpose, or the use of wood smoke, applied directly as gen.rat .d, •or dium nitrate cr nitr-tc for the curing of meat products. It is unlawful to sell meat jt products thereof, sausage casing or other cosing, that contains rny dye or artificial colorings, For the purpose of this article any meat, product thereof, sausage casing, or other casing, that contains any dye or artificial colorings shall be deemed adulterated and the inspector shall render the same unfit for human consumption with a suitable denaturing agent. Fourth. If it contains any diseased, contaminated, filthy or decom- posed substance; or is manufactured, in whole or in part, fr-.m a diseased, contaminated, filthy, or decomposed substance, or a substance produced, stored, transported, or kept, in a way or manner that would, render the article diseased, contaminated or unwholesome; or if it is any product >f a diseased animal or the product of any animal which has '’led otherwise than by slaughter, :r if it contains any lungs or udders. 42 Section 4. (a) That any person who shall violate any of the provisions of this Act, or any rule, regulation or order of the Department of Public Welfare, made pursuant to this Act, shall be ruilty of a misdemeanor, and for the first or second offense, upon conviction thereof in a summary proceeding shall be sentenced to pay fine of not less than 'One Hundred and Fifty Dollars ($160.00) nor more than Two Hundred Dollars (•. ?C0.00) and costs of prosecution, and in default of payment of such fine and costs, shall be sentenced to underro an imprisonment in the County Jail of not loss than thirty days nor more than sixty days, and for a third or subsequent offense shall be guilty of a misdemeanor and shell upon a conviction thereof, be sentenced to pay a fine of not less than Five Hundred Dollars, nor more than One Thousand Dollars, or to undergo an imprisonment not exceeding one year, or both or either at the discretion of the Court. lb) The Attorney General at the reoues4- of the Department of Public "/elfare, may in the name of the State of Idaho, institute proceedings in acuity in the District Court of Ada County, for the purpose of enjoining the sale within the State of Jcaho, of any sausage, adulterated under the provisions of this Act, and for such purpose, jurisdiction is hereby conferred upon said Court. In such cases, the Attorney General shall not bo rocuired to rive bond. Section 5. All moneys received by the Commissioner of Public Welfare, under the toms and provisions of this Act shall be paid in- to the str.to treasury monthly, and shall be by the State Treasurer placed to the credit of the general fund to an account to be known as the ’’Sausage Manufacturer’s Account," and all such moneys are hereby set aside and appropriated to the Department of Public Wel- fare, to carry into effect the provisions of this Act. Section 6. All sausage manufacturing establishments, except the sausage manufacturer being a farmer on a farm who raises nil the products ho uses, shall be licensed and pay an annual license fee of Ten ($10.00) dollars. Each establishment shall be furnished with a copy of this law. Section 7. That any manufacturer of sausage, shall have a period of ninety days from the enactment of this lav/, within which to dis- pose of any colored artificial casings tb- t he may have on hand at the time this law becomes effective. Section 8. That the Department of Public Welfare, shall bo charged with the enforcement of the provisions of this Act. ADULT 2RATLTM aFI MISBKAKDING - Section 36-303 . HAKUPACTDRi: OF aDULT UiAT’-;;. All I) KISBRANDED ASTICLS3 PROHIBITED—P53KLTY.— It shall be unlawful f -r any person to manufacture within the State of Idaho any article- of food or drums, medicine or liquor which is adulterated or misbranded or which contains any poisonous ~r deleterious substance within the meaning of this chapter; and any person who shall violate any of the pro- visions of this section *r shall fail to comply with the same, shall 43 be guilty of a misdemeanor, and for such offense shall, upon con- viction thereof, be fined in a sum not to exceed 3500.00, or be im- prisoned in the county jail for a term not to exceed six months, cr be punished by both such fine and imprisonment. Section 58-302. SALT OF ADULTERATED OR MISBRANDED ARTICLES PROF IB I TED--FEALTY. —It shall be unlawful for any person to sell, keep for sale, or offer for sale within the State of Idaho any article of food, drug, or liquor which is adulterated or misbranded within the meaning of this chapter, and any person who shall soil, keep for sale, or offer for sale any article of food or drug or liouor which is adulterated o»* misbranded within the meaning of this chapter, shall be guilty of a misdemeanor and shall b? punished there- for as provided for in section 36-301. Section 36-503. REGULATIONS.--The Department of'Public Welfare is authorized and directed to make and publish uniform rules and regulations not in conflict, with this chapter or other laws of the State of Idaho, which rules and regulations shall be in harmony with those adopted and promulgated by the United States Department of Agriculture, insofar as they are applicable to and not in conflict with the provisions of this chapter or any oth r law o-° the State of Idaho, which rules and regulations shall include the collection and examination of specimens of feed, medicine, drugs, liquors and drinks manufactured, kept for sale, offered, for sale or sold in the State of Idaho. Each of such rulings shall he in writing signed bv the Commissioner of Public Welfare and shall Vs kept on file in his office and be open to inspection on request; and before any such ruling shell take effect, it shall be published twice in n news- paper of general circulation published in this state, and, when so made and published, shall, from and after the tenth day succeeding the date of the last publication, hove the force und effect of law, and an affidavit of such publication setting forth the said ruling in full and the data of such publication thereof, shall be made by the publisher of such newspaper, or by the agent of such publisher, and shall be kept on file by the said commissioner of Public 'Welfare, in bis office with the original of such ruling or rulings; and such affidavit of publication shall be prima facio evidence of the facts therein contained and. of the said ruling and rulings therein set forth; and whenever in its discretion, such action is advisable, the said Department of Public "Vlforo shall have authority to modify, change or abrogate any and all such ruling and to issue now rulings, but always in the manner hereinbefore proscribed. Section 36-304, DRUG DEFINED—FOOD DEFINED.--The tom "drur" as used in this chapter shall include all medicines and preparation rec- ognized in the United States pharmacopoeia or national formulary Dor internal or external use in force at the time the- drug is prepared, sold or offered for sale, and any substance or mixture intended to be used for the curing, mitigation, or prevention of disease of either man or other animals, whether said drug ho simple, mixed or compounded. The term ’’food” as .herein used shall include all articles used for food, drink, confectionery or condiment by "'an or other animals, cr in the preparation of food, drink, confectionery or condiment,, whether dispensed, mixed or compounded. 44 Section 36-305. ADULTERATION Or DRUGS.--For the purpose of this chapter, a drug shall be deemed to be adulterated; 1. If, when a drug is sold under or by a name recognized in the pharmacopoeia and national formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in the United States pharmacopoeia or national formulary, official at the time of investigation. 2. If its strength or purity fall below the professed standard of nuality under which it is sold. Section 36-506. ADULT’S A TICK OF C0HP3CTI01T OR GT1‘ ♦ - -For the pur- pose of this chapter confectionery or gum shall be deemed to be adulterated if it contains paraffine, terra alia, barytes, talc, chrome yellow, or other mineral substance or poisonous color of flavor or other ingredients deleterious or detrimental to health,or any vinous, malt or spirituous liquor or compound or narcotic drug. Section 36-307, ADULTERATION OP' FOOD*--For the purpose of this chapter food shall be deemed to be adulterated; 1. If any substance has been mixed or packed with it so as to reduce or lower or injuriously affect its quality or strength. 2. If any substance has been substituted wholly or in part for the article. 3. If any valuable constituent of the article has been wholly or in part abstracted. 4. If it be mixed, colored, powdered, polished., coated or stained in r manner whereby damage or inferiority is c oncer led, or if by any means it is made to appear bettor or of creator value than it really is. r>. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health; Pro- vided, that when, in the preparation of food products for shipment, they are preserved by an external application applied in such a manner that the preservative is necessarily removed mechanically, or by maceration in wo ter, or otherwise, and directions for the removal of '“said preservative shall be printed on the cover of the package, tho provisions of this chapter shall be construed as applying only when said products are ready for consumption. If it consist in whole or in part of diseased, filthy, decom- posed, infected, tainted, putrid or rotten animal or vegetable sub- stance or article, or any part or portion of an animal diseased or otherwise unfit for food, whether manufactured or not, or if it is the product of a diseased animal or one that had died otherwise than by slaughter. 7. If it contains methyl or wood alcohol or any of its forms. 45 Section 36-308. HISBRANDED DP IFID.--The term Viabranded,” as used herein, shall apply to all druos, liouors or articles of food or articles which enter into the composition of food, tho package •or label of which shall bear any statement, d.esirn or device re- garding such article, or the ingredients or substances contained therein, vrhich shall bo false or misleading ir anv particular, and to any food, liquor or drug product which is fslsely branded as to the state in which it is manufactured or produced. Section 36-309. HISS!.'ADDING DV DRUGS. —ror the purpose of this chapter a drug shall be deemed to he misbranded: 1. If it be an imitation of, or offered for sale under the name of, another article. £. If the contents of the package as originally put up shall have boon removed in whole or in part and other contents shall have been placed in such package, or if the package fails to bear a statement on the label of the duality or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, phenacetin, acetanilid, or any derivative or preparation of any such substances contained therein: Provided, that the drugs and medicines dispensed by or under the order of a physician’s prescription, intended for immedict ■ o" temporary use, need not bear any statement on tho package os to its contents, except as otherwise provided by law of this state. Section "6-310. FISBRANDIHO M FOOD.--For the purpose of this chapter food shall be deemed misbranded; 1. If It be °n imitation of, or offered tor sal., under the distinctive name.of, another article. 2. If it be o manufactured article of fe d or foods sold in package form, and is not distinctly labeled, marked or branded with the true name of the article, and with either the name of tho manufacturer and place of manufacture or the name and address of the packer or dealer who sells tho same; if it bo labeled or branded so as to deceive or mislead the purchaser, or purport to bo a foreign product vhen not so, or if the contents of the package as originally put up shall have been removed, in whole or in part, and other con- tents shall have been placed in such package; or if the package fails to bear a statement on the label of the Quantity or proportion of any morphine, opium, cocaine, herein, alpha -r beta eucaine, chloroform, cannabis indica, chloral hydrate, phenacctin or acotanilid, or arrr derivative or preparation of any such substance contained therein. 3. If in package form, and the contents are stated in terns of weight or measure, the not weight or measur > Is not plainly ~r correctly stated on the outside of the package. 4. If th? package containing it or its label shall boar any statement, design or device regarding the ingredients or the substance 46 contained therein, which statement, design or device shall be false or ip is leading ir any particular: Provided, that an article of food which does not contain any a' ded poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: a. In the case of mixture or compounds which may be now, or from time to time hereafter, known as articles of food, under their own distinctive name, **rfd'-not an imiration of or offered for sale under the distinctive name of ardth r'article, it the rare be accompanied on the son*'1 label or brand wfth the statement of. the place where said article has been manufactured or produced. fc. In the case of articles labeled, branded or tagged, so as to plainly indicate that they are compounds, imitations, or blonds, and the words "compound,M "immitation," or "blend,” as the case may be, plainly stated on the package in which it is offered for sale: Provided, thet the term "blond," as used herein, shall be construed to mean a mixture of like substances, not excluding harmless color- ing or flavoring, ingredients used for the purpose of coloring and flavoring only; and, provided further, that nothing in this chap- ter shall be construed as reouiring or compelling proprietors or manufacturers of proprietary foods, which contain no unwho1 some added ingredients to ’isclose their trade formulas', except insofar as the provisions of this chapter may require, to secure freedom from adulteration or misbranding. Labels required by this chapter shall be distinctly printed in the "nglish language ir. legible type no smaller than eight point heavy Gothic caps, and shall give, in continuous list, with no intervening print :d or descriptive matter, the true end correct names of all the constituents of such mixture, compound, combination, imitation or blend, and if artificially colored or preserved, the name of each and every such added sub- stance shall be plainly stated on the label. Such label shall be placed on the outside of the package, and in plain sight. There shall be such a contrast between the color of the label and the color of the ink used in printing the label, as heretofore pro- vided, that the label shall be easily and plainly legible. Section Sfl-311. DYAV2R PHOT ISC TSD BY GUARANTY—kXC JPTIOK. —No Verier shall be prosecuted under the provisions of this chapter vrhen he can establish a guaranty signed by the wholesaler, jobber, manu- facturer, or ether party from whom he purchased such articles to the effect that the same is not adult rated or misbranded, within the meaning of this chapter designating it. Said guaranty, to afford protection, shell contain the name and addresses of the party or parties making the sale of such articles to th •: dealer, and the date sold, and in such case, said party or parties shall be amenable to the prosecutions, fines and cth r penalties which would attach in duo course to the dealer under the provisions of this chapter; Pro- vided, that this exemption shall not apply when such dealer knew or ought to have known that such drugs, liquors or foods so sold, offered or kept for sal> wore adult rated or misbranded within the meaning of this chapter. 47 Section 36-312. DISTRIBUTION OP FREE SAMPLES PROHIBITED— PUIALTY.--It shall be unlawful for any person to distribute or to be distributed, by throwing into yards or upon porches of any private or public house in this state, any free sample* containing drugs which are or may be harmful to the human system, and any per- son guilty of such offense shall be deemed guilty or a misdemeanor and shall be punished as provided in section 36-301. Section 36-313. PERSON CONSTRUED.—The word "person’* as used in this chapter shall be construed to include and import both the plural and the singular, as the case demands, and shall include corporations, companies, societies and associations. When construing and enforcing the provisions of this chapter, the act, omission or failure of any officer, agent or other person acting for, or employed by any cor- poration, company, society or associations within the scope of this employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society or association as*well as that of the person. Section 36-314. INSPECTORS —RIGHT OF ACCESS TO ALL PLACES.— For obtaining information regarding the suspected violations of law, the Department of Public Welfare, or its duly appointed assistants, shall have access to all places where any articlof food or other article, the manufacture or sale of which is restricted, rorub'ted, or prohibited by this chapter, is stored or prepared for sale, or may be manufactured, kept for sale, or sold, and to places where food is or may be cooked, prepared, or sold or k.»pt for sale, to or for the public, or distributed as a part of the compensation of servants or agents, including public and private hospitals, railroad camps, inns, boarding and eating houses, drinking places, dining cars, boats, and other places where any of said articles nay be sold, and they may inspect any packages, articles or receptacle found therein apparently containing any article of food or ingredient thereof, or any article, the manufacture or sale of which is re- stricted, regulated or forbidden by this chapter, and may take samples therefrom for analysis, tendering payment therefor* Any person obstructing such entry or inspection, or failing, request, to assist therein, shall be guilty of a misdemeanor, and shall be punished as provided in section 36-301. Section .36-315. STANDARDS ESTABLISHED.—The standards of ouality, purity and strength fbr food, liquors, and drugs tha t have been or shall be adopted by the United States Department of Agriculture are hereby declared to be the standards of purity, quality and strength for foods, liquors,drugs and drinks in the State of Idaho. ■Section 36-316. DISPOSITION OF FIN’S.--All fines, exclusive of costs, collected by any of the courts of this state, as penalties for the violation of this chapter or any of its provisions, shall be paid by the proper officers of sc id court to the state treasurer of the State of Idaho, who shall credit the seme to tie general fund. Courts imposing fines under this chapter shall so fix the same that the fine that is to be remitted to the state and the costs which are to be by the county shall be separately stated. 48 Section 36-317. SAL3 OF TAINTED FOOD A MISDEMEANOR.--Every per- son who knowingly sells, or keeps or offers for sale, or otherwise disposes of, any article of food, drink, drug, or medicine, knowing the same has become tainted, decayed, spoiled, or otherwise unwhole- some or unfit to be eaten or drank (drunk), with intent to permit the same to be eaten or drank (drunk), is guilty of a misdemeanor. Section 56-318. RAKING PONDERS--HIGH ,DTHiTS TO BE INDICATED,— person making, manufacturing or selling, or offering or ex- posing for sale, any baking powders, or any mixture or compound in- tended for use as a baking powder, shall securely aD'ix, or cause to be securely affixed, to every box, can, or package containing such baking powder or like mixture or compound, on a white or light colored label, upon the outside and face of which is distinctly printed with black ink, in legible typo no smaller than brevier heavy Gothic- caps, the name and residence of the manufacturer and the words "This baking powder is composed of the following ingredients and none other"; and immediately after said words shall be printed, in the English language, upon said white or light colored label, in the color, style and manner above specified, the true and correct name of each end all ingredients contained in or constituting a component part of such baking powder, or mixture or compound intended for use as a baking powder, using the names by v?hich each ingredient is commonly known in trade. Section 36-519. CIDER VINEGAR—PEECENTAGE Op SOLIDS AND ACIDS. Do person, persons, firm, corporation or corporations shall manu- facture, sell or offer for sale as apple cider vinegar, any vine- gar not made exclusively from pure apple juice; nor any other fruit vinerar not made exclusively from fruit juices. Apple cider vinegar or fruit vinegar shall contain at least one and three-fourths per cent of cider vinegar solids, upon full evaporation over boiling water, and shall contain at least four per cent by weight of acetic acid. Section 36-320. OTH3k VINEGARS.--All vinegars shall be made wholly from the substance of substances from which they purport to be, or are represented to bo made, and shall contain not less than four per cent by weight of acetic acid. Section 36-321. VINEGAR BARRELS TO BE LARKED,-- -iach barrel, cask, or keg containing vinegar sold, offerod or exposed for sale, in this state, shall be plainly branded or stenciled with boldfaced black letters and figures, at least one inch %n length, on the head of said barrel, cask or keg, giving the name of the kind of vinegar contained therein, the name of the substance or substances from which it is made, and the name and location of the. manufacturer manufac- turing the same. Section 36-322. CERTAIN SUBSTANC ES PROHIBIT 3D III VIPEGAH. — Every person who manufactures for sale, offers or exposes for sale, or sells, any vinegar containing any preparation cf lead, copper, sul- phuric acid, or other mineral acids, or any acid made from the dis- tillation of wood, or any ingredient injurious to health, shall be doomed guilty of a misdemeanor. ■ ■ - 49 SLAUGHTER HOUSES AMD ILiAT PRO DUCTS Section 36-1501, HULAS AID RGGULATIOTS TO AT COMPLIED ,'ITH. — All slaughtering, packing, meat canning, salting, rendering, or similar establishments whose meat or meat food products, in whole or in part, enter into commerce, shall be prepared under the following rules, regulations and provisions, and a failure upon the part of any person or persons, corporations or corporation to comply with the said rules, regulations and provisions is hereby declared to be unlawful and shall be punished as provided for in section 36-1327. Section 36-1302. LIGHT AMD V ftJTILATION.—All person or persons, corporations or corporation owing, leasing or conducting any establish- ment or establishments in which animals are slaughtered, or meat or meat food products are prepared, cured, packed, stored, or handled shall suitably and adequately light and ventilate, and maintain the some in a senit; ry condition. Said persons or corporations shall renuiro that all work performed in such establishments shall be done in n cleanly and sanitary manner. Section 36-1303. WALLS, PARTITIONS, A ID C31 DITTOS TO B3 .TiTT C- VfASFDD.—All person or persons, corporation or corporations shall frequently whitewash and paint the ceilinrs, sidewalls, pillars and partitions of said establishment or establishments and shall render the same sanitary by frequent washing and scraping. Where floors or other parts of the building or babies or ether part of the oouip- ment are so old and in such condition thet they cannot be readily made sanitary, they shall be r amoved snd replaced by suitable mate- rials, 'r otherwise put in condition acceptable to the Department of Public fere. All floors upan which meats are piled during, the process of curing shall be so constructed that they can be kept in a clean and sanitary condition, end such meats shall also be kept clean. Section 36-1304. TOOLS ADD UT GUGIL3 TO B S CLdADTD. —All trucks, trays and other receptacles, ail chutes, platforms, racks, tables, floors and ether devices used in carrying on the work of the estab- lishment, and all knives, saws, cleavers and other tools and all utensils sml machinery used in the moving, handling, cutting, chop- ping, mixing, canning or other processes shall be thoroughly cleansed daily, both before and after being used. Section 56-1305. CD THING TO hi CL Id’.—The aprons, smocks, or other outer clothing of employees v;ho handle neat in contact vrith such cloth in c* i.nd meat and meat food products are cured, stored, packed, handled and prepared. Said toilet rooms, urinals 50 and dressing rooms shall be amply fitted and supplied with lavatory accommodations, including soap, ample water supply and towels, and shall be properly lighted, suitably ventilated, and kept in a sani- tary condition. Section 36-1307. VENTILATION, CUSPIDORS, SCRLLhS.—Said person or persons,,corporation or corporations aforesaid shall ventilate all rooms nr compartments in which neat or meat food products arc pre- pared, cured, stored, packed or otherwise handled in n manner ac- ceptable to the Department of Public Welfare, and shall cause said rooms or compartments to be so located and constructed that odors from toilet rooms, catch basins, casing departments, tank rooms, hide rooms and other sections of s*id establishment do not permeate then: and all rooms an.'1 compartments shall be provided with cus- pidors, which employees, who expectorate, s'till be roouired to use. .All outer doors and windows shall be screened against flies and other insects. Section 36-1308. RVPLOYD ;.3 TO hi FELL FRO?- DISUSE,—Said per- son or persons, corporation or corporations shall not knowingly em- ploy, in any of the departments of the establishment or establishments v/here carcasses are dressed, or neats handled, or meat food prod- ucts prepared, anv person afflict-d with tuberculosis or any other communicable disease, and any employee suspected of being so affected shall be reported by the manager of the establishment to the Department of Public ’elfaru. Section 36-1309. HOGS HOT TO BF FED PAW OFPAL.—Said person or persons, corporation or corporations shall not fatten hops or other animals on refuse of slaughter houses, and shall keep all animals in proper pens at least one hundred feet from the slaughter house. No use incompatible with proper sanitation shall be made of any part of the premises on which said establishment Is located. All yards, fences, pens, chutes, alleys and all appurtenances belonging to the premises of such establishments shall, whether they ere used or not, bo maintained in a sanitary condition. Section 36-1310. ITTLU? 'N TS TO BD ITS INF DC TDD. — All butchers who dress diseased carcasses shall cleanse their hands of all grease and then in a prescribed disinfectant, and rinse them in clear water before engaging erain in dressing or handling healthy car- casses. All butchers' implements used in dressing diseased carcasses shall be cleansed of all grease and then sterilized either in boil- ing water or by immersion in a prescribed disinfectant and rinsed in clean water before again being used in dressing healthy carcasses, Section 36-1311. FRLVDNT M3ft.T PROP i-ALLTNG ON FLOOR.—Said person or persons, corporation or corporations must use a reasonable care to prevent from Tallin;? on the floor, while being emptied into tanks, all meat and meat food products intended for rendering into odible products, and shall provide for such use motel funnels or similar devices. 51 Section 36-1312. AUTHORITY TO S-SXZU DIG -IASYD ''HAT.—Said person or persons, corporation or corporations shall not sell or offer for sale any carcass or carcasses showing lesions of anthrax (charbon), regardless of the extent of the disease, but immediately tank the same, together with the hides, hoofs, horns, viscera, fat, blood and all other portions of the animal. The killing bed upon which the animal was slaughtered shall be disinfected with a ten per cent solution of formalin, and all knives, saws, cleavers and other in- struments which have come in contact with the carcasses shall be so treated before being used upon other carcasses. The Department of Public V/elfaro, the local health authority, or any other person heretofore properly empowered by law, shall have authority to seize, condemn or destroy any animals found in the condition mentioned in this section. Section 36-1313. TUBTHCULAH HSAT TO B i DKSTIOYlD. —It shall be unlawful for said person or persons, corporation or corporations a- foresaid, or any person or persons at all, tc sell or offer for sals any carcass or carcasses affected with tuberculosis, and all carcasses so affected shall be immediately condemned and destroyed by the person owning them or having them in possession. Section 36-1314. DESTRUCTION Of AN INALS SLaUGHT® CD IN THROB- FOURTHS STATS OF PR;3GRA1:CY OR VITKIN T* DAYS ixXT-R PARTURITION* — It shall be unlawful for said person or persons, corporation or corporations aforesaid to sell or offer for sole any carcass or carcasses of any animal or animals killed after the three-fourths stage period of pregnancy or any carcass or carcasses cf animals which have within ten days given birth to young: Provided, how- ever, in the latter case, if they have nc evidence of septic in- fection, said carcass or carcasses ray be rendered into tallow, but otherwise the person or persons, corporation or corporations, owning or possessing such carcass or carcasses shall destroy the same, Povrer is hereby riven to the Department of Public Ye"!fare, the local health authorities of any courtv or municipality, or either of them, to condemn and destroy such slaughtered animals. Section 35-1315. CARCASS 28•—It shall be unlawful for any person or persons, corporation or corporations aforesaid or any one at all, to sell or offer for sale carcasses cf animals too im- mature to produce wholesome moat; or to sell or offer for solo any carcass or carcasses of calves, pigs, kids and lambs under six weeks of age; and it is hereby made the duty of the Department of Public •Welfare or other authorities in this chapter mentioned to seize and condemn such property. Section ."6-1316, WAT3R TO BO PRDVI D ID.—All person or persons, corporation or corporations aforesaid shall supply their slaughtering houses and yards with a water system amply sufficient to furnish hot and cold water under sufficient pressure and in such a manner as to facilitate the cleansing of the establishment and the maintaining of 52 the same in a sanitary condition, and only (rood, clean wholesome water and ice shall be used in the preparation of meat and meat food products : Provided, that in rural communities where no regular water system is available, hot and cold water shall be supplied in a manner sufficient to keep the slaughter house in a sanitary condition at all times• Section 36-1317, DELIVERY WAGONS TO TO: COVSR CD.--Said person or persons, corporation or corporations shall cover and keep in a clean and sanitary condition all wagons, cars, or vehicles in which meat or meat food products are transported. Section 36-1318. SALE OF H- AT TJ FIT FOR HU11AN FOOD PROHIBITED* — It shall be unlawful for any person or persons, corporations or corpora- tion to sell or offer for sale the meat of any cattle, sheep, sv/ine, fish, game, fowl or poultry which is blown, tainted, heated, soured, raised, stuffed, putrid, or impure, or which, for other reasons is un- fit for human food. Section 36-1319. HEAT TO BE CAPERED IN mUiSPORTATIOE. - - It shall be unlawful for any person or persons, corporation or corporations a+'oresaid, or any person at all, to carry or transport through any street, alley, or thoroughfare the carcass or meat of rny cattle, sheep, swine, fish, pome, fowl or poultry, except it be extirely covered with a clean, white cover so as to be thorourhly protoeted from the dust, dirt and flies* Section 36-1320* ANIMALS MUST BE KEPT IN HEALTHFUL PLACE. —It shall bo unlawful for any person or person*,, corporation or corporations to keep any cattle, sheep, swine, game, fowl or poultry in any place in which water, food and ventilation are not sufficient for the pres- ervation of a healthful and safe condition. Section 36-1321. SLAUGHTER BETWE 31 C URTAIN HOURS- PROHIBITED* — EXCEPTION*--It shall be unlawful for any person or persons, corpo- ration or corporations aforesaid to slaurhter any animals, between the hours of eirht A.T. and four P.M. unless by special permission of the Department of Public Welfare. Section 36-1322. EXPOSURE TO DUST, DIRT AND FLIES PROHIBITED,— It shall be unlawful for any person or persons, corporation or cor- oorations aforesaid, or any other person at all, to sell or expose for sale any fresh meat, game or fish which has been in anyway ex- posed to the dust, flies or insects or other cause of contamination, and all such food stuffs while on sale must be at all times thoroughly protected from contamination from any cause. Section 36-1323. MEAT SHOPS TO E ?, SCREENED.—It shall be unlawful for any person or persons, corporation or- corporations to keep or maintain any markets, meat stands or meat shops in any unclean and insanitary condition. Said markets, meat stands and meat shops must be screened in a proper manner, and any meat, *'‘ish, or fowl which is found, upon inspection, unfit for food, shall be condemned. 53 Section 36-1324. DESTRUCTION OF I*EAT UNFIT F\)k HUIIaN FOOD.— whenever the insanitary condition of house or other place in which meat is prepared or kept for sale renders unfit for human food any meat found therein, the Department of Public Welfare shall condemn such meat and notify the owner or owners of such action* If such owmr or owners fail to remove and destroy such condemned food within a reasonable tine, then the Department of Public Welfare shall proceed under sections 36-109 and. 36-110, and its official upon the proper order of the court, shall saturate with kerosene all such condemned meat: end thj building in which said meat has been slaughtered shall not bo used for any similar purpose until such condemned meat is removed and destroyed and the build lire; placed in a sanitary condition, and accepted by the department. Section 36-1325. INSPECTION AND LICENSING 01 SLAUGHTER HOUSES. It shall bo the duty of the Department of Public Welf ro to at least once a year inspect all public slaughter houses or slaughter yards and other places where meat or meat products are prepared for human consumption, and if the said places are sanitary and are maintained in a condition in conformity with the provisions of this chapter, it shall issue a certificate so certifying to the present conditions of said places, certificate shall be good for a period of one year unless the same be revoked and cancelled for nonconformity with the provisions of this chapter. Said certificate may be re- voked by the department upon the failure of the- persons or corpora- tions owning nr controlling tho places mentioned in this section to comply with any of the provisions of this chapter. No certificate shall be evidence that said places are maintained in conformity with the provisions of this chapter for any other time than at the date of said certificate. Section 36-1326. CERTIFICATE TJ BE PROCURED BEFORE OPENING SLAUGHTER HOUSE,--Any person or corporation who shall sell or offer for sale, or expose for sale at public or private sale, any meat or food products which have not been prepared for human consumption in the places mentioned in the preceding section, or who shall operate said places without first obtaining from the said department the certificate or permit mentioned in said section shall be guilty of a misdemeanor and shall be punished as provided in the following section: Provided, that nothing in this chapter-shall be construed to prohibit any farmer from slaughtering any animal raised by him, and disposing of the meat of such animal; Provided, that said meat was prepared in a sanitary and wholesome manner and under proper sanitary conditions, not surrounded by or in proximity to contaminat- ing conditions of any kind, and protected at all times up to delivery to the purchaser from dust, dirt, flies, and other contaminations. Irt prosecuting under this section it shall not be necessary to allege or prove that the defendant did not have the certificate or permit mentioned in the preceding section at the tin© th3 act is alleged to have b?en committed, but the burden shall be on the defendant to show that ho had such certificate or permit at such tine. 54 Section 36-1327. PENALTY F )R VIOLkTIOU,--Any person or persons, corporation or corporations violating this chapter or any part, pro- visions or sections thereof, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fins not exceeding v300.00 and not less than tv;enty-five dollars, or by imprisonment in the county .lail for a period not exceeding six months, or by both fine and imprisonment. 55 rOOD PRODUCT FACTORIES ADD COLD STORAGE PLADTS Section 35-1501. SUPERVISION Oh i EPARTk i T OR PUBLIC WELFARE. Fror and after the passage of this chapter, all matters and things relating to the sanitation of factories or establishments, an5 cold storage plants, within the State of Idaho, in which foods and food products of vegetables, fruits, meats or by-products thereof, are manufactured, evaporated, dehydrated, preserved, pickled, handled, kept in cold storage, or placed in cans or pars of tin, glass, wood- fibre, or other containers, shall be under the supervision of the Department of Public Welfare* Section 36-150?.. WATER-TIGHT FLOORS. person or persons, firms or corporation, or corporations operating factories affected by this chapter shall be subjected to the following renuirements: all rooms in which food and food products of fruits, vegetables, moats and by-products thereof are packed, evaporated, dehydrated, canned, pickled or preserved, and in which manufacturing is actually carried on, shall be provided with smooth, water-tight floors, which can bo cleansed. Section 36-1503. WALLS AND EQUIPMENT—V -.KTILaT OH ADD SCR.,PUS.. All walls, partitions, and ceilings shall be cleansed, painted, or whitewashed to keep same in a sanitary condition. equipment that has become insanitary by age, use, or deterioration, shall be replaced by suitable equipment and material. All buildings, rooms, or compartments in which food products are manufactured, cured, evaporated, dehydrated, packed, preserved, prepared, or stored, shall be properly ventilated, free from odors, from toilet rooms, catch basins, or tank rooms, and provided with suitable cuspidors which shall be used by employees who expectorate. All outer doors, windows and ventilators shall be screened against flies and insects. Section 36-1504. MACHINERY Ai’L SURROUliDIRG ODDITT JUS,--All machines, tables, trays, trucks, platforms, floors, knives, tools and other utensils used in the manufacture of food products shall be thoroughly cleansed before and after being used. No drainage or waste natter of any kind shall be allowed to collect in or around any building in which food products are manufactured, and the surroundings shall be kept in n clean and sanitary condition in a manner acceptable tr' the Department of Public Welfare. Section 36-1505. VDiTjJi SUPPLY—TOILET ROOMS—SEWERS. —All factories affected by this chapter shall be supplied with pure hot and cold water, under sufficient pressure to facilitate the cleans- ing of the establishment and the maintaining of tbs same in a sani- tary condition: Provided, the t, in rural districts, where no water system is available, hot and cold water shall be supplied in suf- ficient quantity to keep the establishment in a sanitary condition at all tines* Only pure water and ice shall bo used in the prepara- tion of food products. *11 toilet rooms and dressing rooms for both sexes shall be entirely separate from compartments in which food products are prepared* *11 toilet rooms shall be supplied with ample soap, water, and towels, properly ventilated, and kept in a sanitary 56 condition, when s sewer system is available, adequate sewer con- nections shall be provided from toilet rooms, connected with proper plumbing and sealed with the water seal. Section 36-1506, LIVING QUARTERS FOR HJ.TIOYEES—SMOKING AND SPITTING F’ORBIDDEM.—Where living quarters are provided for employees by manufacturers, these quarters shall be screened against flies, supplied with ample ventilation, clean water and sanitary sewerage disposal. No smoking or spitting on the floors or walls shall be permitted within food products factories. Section 36-1507. CONDEMIIATION AND DESTRUCTION OF IMPURE FOOD. Whenever the insanitary condition of any establishment where food products are prepared, stored, handled, canned, pickled, preserved, or kept for sale, renders unfit for human food any food products found therein, or any other condition renders same unfit for human consumption, the Department of Public Welfare shall condemn such products and notify the owner of such action. If such owner or owners fail to remove., and destroy such condemned food within a reason- able time, then the Department of Public Welfare shall proceed under sections 35-100 and 36-1X0 and upon the proper order of the court, destroy same. The building; in which said food products have been prepared shall not be used for any similar use until such condemned food products are removed and destroyed and the building or build- ings, placed in a sanitary condition and accepted by the Department of Public Welfare. Section 36-1508. PENALTIES.--Any person or persons, corporation or corporations, violating this chapter or any'part, provision, or section thereof, shall be guilty of a misdemeanor, and upon con- viction thereof, shall be punished by a fine not to exceed k500.00 and not less than twenty-five dollars, or by imprisonment in the county .jail for a period not exceeding six months or by both fine and imprisonment. 57 SANITARY REGULATIONS FOR PUBLIC EATING PLACES Section 38-1101. JURISDICTION OF LEPARTR IjT 01 PUBLIC V/ LLFARE. The Department of Public welfare shall have charge of the enforcement of this chapter. Section 38-1102. EATING PLACE DEFINED,--The term "eating place" as usod in this chapter shall be held to include restaurants, cafes, lunch counters, lunch stands, hotel dining rooms, or any other places where meals or lunches are served to transient guests. Section 38-1103. APPROVAL OF DEPARTMENT OF PUBLIC WELFARE.—No person, firm or corporation shall conduct, operate or carry on an eating place, as defined in this chapter, unless such place is ap- proved by the Department of Public welfare. Section 38-1104. SANITARY REQUIREMENTS OF PREMISES.—All rooms usod for the storing, cooking, preparing or serving of food shall have floors and side walls so constructed as to exclude vermin, mice or other rodents, and shall bo kept in a state of good repair. Such floors shall have a smooth surface, and shall be constructed of wood, tongued and grooved and laid water tight, or cement or tile or other impervious material, laid water tight. The walls and ceilings of such rooms shall have a smooth sur- face and, except where painted or finished in natural wood, shall be properly whitewashed or knlsomined or papered as often as reauired by the Department of Public welfare, and at least once in every twelve months. The furniture, tables, fixtures, ranges, stoves, ond all appliances in such rooms, shall be arranged and placed so as to be readily accessible for cleaning. No dog, cat or other animal shall be permitted in any eating place. Section 38-1105. LIGHTS, VENTILATION, SCREENS, AND ELECTRIC FANS,—The kitchen and all other rooms and compartments must be properly lighted, and shall be ventilated so as to insure the free circulation of air at all times, and shall be kept free from flies, roaches and other insects. Phe outside openings thereof shall, from April first to November first of each year, be fitted or covered with screens and with self-closing wire screen doors. When- ever such screens do not effectively exclude flies, the inspector may order the installation and use of electric fans. Section 38-1106, TOILET ROOMS.—No toilet shall be located in any room whore food is prepared, stored, cooked, or s orved. An toilet rooms shall have direct connection with the outside air for ventilation, and shall be provided with an automatically closing door except v/here the entrance to such toilet room is from the out- side. AH toilet rooms, compartments or fixtures shall be main- tained in a clean and sanitary condition and in good repair. Section 38-1107. STERILIZATION OF DISHES—PUBLIC DRINKING CUP PROHIBITED.—Every sating place shall ho provided with ample facili- ties for washing and cleaning all eating or cooking utensils or dishes. 58 and with hot and cold water. No eating, drinking, or cookinf utensilr or dishes shall be used in the cookin'*, oreparation or crying o' food without first being properly sterilized, with steam or boiling water, after such service or use. In cleaning such utensils cr dishes the use of water which has become insanitary by previous use is prohibited. The use of the common or public drinking cup is pro- hibited . Section 38-1108. FKb’SfHVATIOli OF FvXVf,— All food, whether cooked or uncooked, shall bo kept in a clean and wholesome condition, and it shall be so kept as to avoid pollution by exposure to the ele- ment”, or to dust, flies, dirt or vermin, or by cats, dogs or other animals or fowls, and it shall not be allo'wed to become poisoned, in- fected or unwholesome, nor shall any chemicals be used to preserve such food, or to improve its appearance or °laTror. No such food shall bo kept or placed on the floor of any room or compartment of any eating place. Section 38-1109. SAL* ON SERVICE OF UNWHOLES AiE POOD--USE OF TIN se on the floor or walls of the kitchen or any other 59 room of an eating place, smoking, snuffing or chewing of tobacco is prohibited in any part of any eating place, except that smoking will be permitted in the toilet room or rest room, and in the dining room by the public only, notices shall be posted in every eat- ing place forbidding any person to spit on the floor or walls, or to use tobacco except as herein permitted. 38-111?). i'Ok VIuijKiluj.-»Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shell he punished by a fine in any sum not less then ten dollars and not ex- ceeding npIOO.OO, or by imprisonment in the county jail for a t;rm not exceeding six: months, or by both such fine and imprisonment. 60 HEALTH REGULATIONS FOR EATING PLACES AND FOOD ESTABLISHMENTS Section 38-1201. JURISDICTION OF DEPARTMENT OF PUBLIC WELFARE, The Department of Public Welfare shall have charge of the enforcement of this chapter. Section 38-1202. EATING PLACE DEFINED.—The term "eating place" as used in this chapter shall be held to include restaurants, cafes, lunch counters, lunch stands, hotel dining rooms, or any other places where meals or lunches are served to transient guests. Section 38-1203. APPLICATION TO BUTCHERS, BAKERS, AND CANDY MAKERS.—All the provisions of this chapter shall apoly to, and be in full force and effect in relation to, all butchers, butcher shops, end places where meat or meat products are made, prepared, or sold, all bakeries, and places where bakery goods are made, and all candy makers, and places where candy is made. Section 58-1204. EMPLOYMENT OF DISEASED PERSONS--EXAMINATION— BLOOD TEST,—No person having tuberculosis in a communicable form as evidenced by the finding of an open lesion in the chest or tubercle bacilli in the sputum, or who is ?. typhoid carrier as evidenced by the finding of typhoid organisms in the urine or stool, or who has syphilis in a communicable form as evidenced by a positive serological test and clinical examination, shall conduct, operate, or by employed in or about any eating place, as defined in this chapter, or in handling of any foodstuffs, or products used therein, and all person before en- gaging in such business, occupation or employment shall be examined by the county oh city physician in whose jurisdiction the applicant wishes to engage in such business, occupation or employment as follows; The count} or city physician shall designate certain times end places wherein such examinations are to be held and the applicants for health certificates shall present themselves for this examination, whlc is to be conducted as follov/s: There shall be an examination of the lips, mucous membranes of the mouth and throat and nose for clinical evidence of syphilis or tuberculosis, and there shall be a specimen of blood taken for a serological test for syphilis. The sample of blood so taken shall be seat to the State Laboratory or the sample of blood or other laboratory tests may be sent to a laboratory accredited by. the State Department of Public Welfare and the report of such laboratory shall be accepted: provided, that the laboratory work when done by the State Laboratory shall be done free of charge. The physician shall examine the lungs of the applicant for evidence of any open tubercular lesion and if such lesion is suspected, may request the applicant to submit specimens of sputum taken in the presence of the physician for examination for tubercle bacillus which shall be examined by the labam tories under the same provision as the examination for syphilis and typhoid fever. If there is a laboratory or clinical evidence of either tuberculosis, typhoid fever, or syphilis, in r communicable form, the applicant shall be refused a health certificate until such time as showing freedom from such disease, or diseases in a communicable form, and if there is no evidence of any of the above mentioned diseases, the applicant shall be given a health certificate which shall be valid for 61 the period of six months, or until such time as the local health officer or sanitary inspector shall have reasons to suspect the applicant of being a carrier of one or more of these diseases, in which event, he may request another examination. The fee for this examination shall be one dollar for each person examined, payable by the applicant. Section 38-1205. HEALTH CERTIFICATE.—It shall be unlawful to employ a person for service in any eating place, or for a person to enter such service or to conduct or operate any eating place, who is not in possession of a valid health certificate as provided in the pre- ceding section, and every person so employed or engaged shall have his or her health certificate available to show the local health officer or inspector of the Department of Public Welfare at any time when called for. A certificate of health issued in one county of the state shall be valid in all counties in the state until six months after the date of the issuance of such certificate. Section 38-1206, PENALTIES FOR VIOLATION.--Any person, firm or corporation violating any of the provisions of this chapter shall bo deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine in any sum not exceeding $100.00 or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Section 38-1207. DESIGNATION OF PHYSICI.-.WS TO CONDUCT SX.-.uJNA- TION.—To supplement the service required by this chapter to be rendered by health officers, the Co-nmissioners of Public Welfare may designate any physician or physicians duly licensed to practice medicine and surgery in the State of Idaho to conduct, within their respective counties, the examinations prescribed by section 38-1204, and to certify the results thereof, and may accept and recognize the certificate of any such designated physician as evidence of compliance with the provisions of said section. 62 HOTELS ivl ViuJbXNij id'llTS-— i.iJb XwSi'iiil/TX^Vbi Section 38-1301. HOTEl LEl'IHED,— Every building or structure kept, used or maintained as, or advertised as* or held out to the public to he an inn* hotel or public lodging house or place where sleeping accomodations are furnished for hire to transient guests, whether with or without meals, in which ol.rht or more rooms are used for the accommodation of such guests shall, for the purpose of this chapter* be defined to be a hotel, whenever the word hotel shell occur in this chapter, it shall bo construed to mean every such structure as is described in this section. Section 38-1302. HOTEL unY, — It is hereby held and construed that rates per day for furnished rooms shall mean for twenty-four hours, or any part thereof, following the time of acceptance of a room by a guest. Section 38-1303. Hc-TES TO BE HOSTEL,--All rates shall be made by the management of hotels and posted in a conspicuous place in said hotels, and rates shall be based on a twenty-four hour day. Section 38-1304. FIHjj jjSC.i.FrjS li'i HOTr.i/G idOkE ‘UuJ:; Tu0 STOklES HIGH,—Every hotel that is more than two stories high shall be pro- vided v;ith a hall on each floor extending from one outside wall to the other in such a manner that every room upon such floor shall open upon such hall, or a cross hall connected therewith. There shall be at the end of such hall an iron fire escape on the outside of the building connected on each floor above the first, with at least two openings, which shall be well fastened and secured with landings not less than six feet in length and three feet in width, guarded by an iron railing not less than three feet in height. Such landings shall be connected by iron stairs not less than two feet wide and with steps of not less than six inches tread; placed at an angle of not more than forty-five degrees and protected by a well secured hand rail on both sides and reaching to within eight feet of the ground, with a drop ladder twelve inches wide, reaching from the lower platform to the ground, and such stairs shall have attached on the outside thereof an iron ladder for the use of fire- men. Such fire escapes shall be sufficient, if a perpendicular iron ladder shall bo used instead of the stairs: Provided, such iron ladder is placed at the extreme outside of the platform and at least three foet away from the wall of the building: -n-nd provided, said iron ladder is equipped with round iron rounds not more- than fifteen inches apart. The way of egress to such fire escapes shall, at all tines be kept free and clear of all obstructions of any and every nature. There shall be posted and maintained in a conspicuous place in each hall and each guest's room, except the halls and rooms on the ground floor of such hotel, a printed notice in characters not less than two inches high, and printed in red ink, calling attention to and directing the way to such fire escapes. & red light shall be maintained in buildings over two stories high, on each floor, at the end of the hall, directly in front of the fire escape. Section 38-1305* TIKE III HOTELS Tv»0 STOKIeS HIGH,-- Every hotel which is two stories in height, or which is not provided with such fire escapes as ere described in section 38-1304, shall 63 provide in every outside bedroom or sleeping apartment on any floor v.'here the windows of such room are more than twelve feet above the ground, a manila rope at least five-eighths of an inch in diameter and of sufficient length to reach the ground, vith knots or loops net more than fifteen inches apart and of such strength to sustain the weight and strain of at least 600 pounds. Such rope shall be securely fastened to the joist or studding, of the building as near the window as practicable and shall bo kept coiled in plain sight at all tines, nor shall such rope be covered by curtains or other ob- structions. Every such hotel shall provide and maintain, in a con- spicuous place in every bedroom or sleeping apartment above the ground floor, a printed notice in rod ink, calling attention to such rope and giving directions for its use. Section 68-1306. KIHE kX'xIHGUIoH J.S rJjL1 HOSE.--Each and every hotel shall be provided with at least one efficient chemical fire extinguisher, approved by the national board of underwriters, for each 2600 square feet or less of floor area, which extinguisher or extinguishers shall b s placed in o. convenient location in a public hallway outside of the sleeping rooms, and in all public rooms, and shall always bo in a condition for use; or, in lieu thereof, such hotql shall be equipped with a standnipo at least one and one-quarter inches in diameter, with hose connection and hose of sufficient length, always attached in the hallway on each floor, which standpipe shall be equipped with a sufficient pressure of water at all times, Section 38-1307. GdmKio,—Each and every hotel shall be pro- vided with a gong at least nine inches in diameter on each floor, which shall be placed in the hallway in such a position that it will he easy of access and so that its ringing can be heard in every room, and means for ringing such gong shall he provided, which may be operated from the office or from the location of, any such conirs and shall he sufficient to keep all of said gongs ringing continuously for at least three minutes after being started. Section 38-1308. aSHgS.—Ho ashes from any hotel shall bo dumped or kept in, or adjacent thereto, or in any outhouse connected vith any hotel unless the same be placed in a tight, metal container with a tight:, metal lid kept thereon. Section 38-1209. IhHlVIEUaL TvAiELS, — It shall be unlawful for each and every hotel having a public wash room to have what is known as © common towel, but shall keep at all. times a sufficient supply of individual clean towels in sight and easy of access to guests. Section 32-1310. Sal:X'LucY HeGULaTIOHE,--Whenever any room, in any hotel shall have been occupied by any person having a contagious or infectious disease, the said room shall be thoroughly fumigated under the direction of the health officer, and all bedding therein thoroughly disinfected, before said room, shall bo occupied by any other person; but, in any event, such room shall not be 1st to any person for a least forty-eight hours after such fumigation or dis- infection. /».ll bedrooms shall be kept free from vermin and the bedding in use shall be clean and sufficient in quantity and quality; all sheets 64 shall be at least eight feet in lenrth; each guest shall be furnished with at least two clean towels; in case bedrooms are carpeted, the carpet or carpets thereon shall be taken up and thoroughly cleaned at least once every six months, or in lieu thereof, thoroughly cleaned in place by the uso of an efficient vacuum cleaner. Do hotel keeper shall rent any room to any guest which does not contain an outside window, or some other proper moans of ventilation; and in case of hotels hereafter constructed, no room shall be rented which has no outside window. In all hotels where fifty cents or more per day is charged for lodging, the sheets and pillow cases shall be changed aftv.-r the departure of each ruest, and shall be thoroughly washed and sterilized in scalding water or steam before being used for another guest. "11 windows and doors shall be properly screened and every possible effort shall be used to keep flies from bedrooms, kitchens and dining rooms. The ’walls and ceilings of all bedrooms, halls, stairways, corridors, lobbies, toilet rooms and bath rooms, shall bo kr.pt clean and free from dust, dirt, stains, etc., and shall be kalsomlned, painted or papered as often as may be deemed neces- sary by the inspector to place them in a sanitary condition. "11 toilet rooms shell have outside ventilation. Section 38-1311. PDUMBIilG,--Every hotel shall be well drained, constructed and plumbed according to the sanitary rules of the De- partment of Public Welfare and laws of the state, and. shall be kept clean and in a sanitary condition and free from effluvia arising from any sewer, dvain, privy or other source within the control of the owner, manager, agent or other person in charge, and shall be provided with water closets or privies properly screened for sep- arate use of males and females, which water closets or privies shall be disinfected as often ns may be necessary to keep them at all times in a sanitary condition. Section 38-1312. ELfWWTOitS,--Every hotel owner, manager, agent or person in charge of every hotel which is equipped with a passenger or freight elevator shall cause the shaftway of such elevator or elevators to be inclosed with an iron sheeting, or other fire-proof material as nearly air-tight as is practicable, and shall provide automatic floor traps at each floor in such shaft, all of ruch appliances to bo built in the most approved manner for the preven- tion of the spread of fire by means of such shaft. Section 28-1313. DRINKING WATiDx.- -It shall be the duty of every person conducting or operating a hotel, public inn, or lodging house to see that the drinking water supplied by said hotel, public inn, or lodging house is pure and free from disease germs* The source of supply must fee far enough removed from privy vaults or other moans of contamination to prevent drainage from said vaults to the wells or other source of supply, and the water supply shall be subject to examination by the Department of Public Welfare, and, when found unfit for drinking purposes, ids use must be discontinued forthwith. Section 38-1314. AiUflI/vD IDSPKCTI-J/. Oh hoOv VSiiUlNG DSiRBLISK- 1* *liTS—CDKTIr'ICi*TD--SiTiiITivRi H jaJUL^XIOh'S• —It shall be the duty of the Department of Public Welfare to make an inspection at least once 65 a year, of all grocery stereo, bakeries, candy factories or kitchens, confectionery stores, milk or cream stations, creameries, cheese fac- tories, neat markets, vegetable and fruit markets or stands, or other places whore food products arc made, sold or handled, restaurants, boarding houses, cafes or any other place, where meals are served to the public, soda fountains, ice cream parlors or stands, or other places where drinks are offered for sale, and, if found to be in a sanitary condition, shall issue e certificate of Inspection to all such establish- ments. Said certificate shall be post'd up in a conspicuous place in said inspected building, and shall be liable to be revoked at any time, and the place bo closed by said department, if such premises shall be- come insanitary, or said business shall not bo conduct’d in conformity to the provisions of this law; and shall not be reopened until it has been placed in a sanitary condition, end approved by the said department. All food, food products or beverages offered or intended for sale for human consumption must bo fully and effectively protect d from flies, dust, or other sources of contamination at all times, and wh-iro fr sh, smoked or salted moats and dried or evaporated fruits in bulk are dis- played for sale, they rust be properly covered or protected from flies, dust or other contamination. All sidewalk displays of fruits, vegetables, or other food products must be on stands or other structures at an ele- vation of at least eighteen inches above the sidewalk or ground. No rusted tin or iron vessel shall be used in cooking or preparing food products or beverages offered or exposed for sale or intended for sale fov human consumption, and all f'ood products or beverages shall be kept in a clean and suitable place, free from dampness and contact with dirty water. The floors, closets, cupboards, walls and other parts of the kitchens, pantries, sculleries, and all other places where such food, food products, or beverages, are kept, cooked or prepared, shall at all times be kept clean and sanitary, and no dust or grease shall, be allowed to collect thereon or therein. All windows, doors and other openings shell bo properly and effectively screened to present the-entry of flics, and no restaurant, store, bakery, or other piece where food, food products or b-on rages are served, kept or sold, shall he considered to be in a sanitary condition if infested with flies, roaches or other vermin. Section 38-1315. PWFORCTr'PNT OF LAW.— It shall be the duty of the department upon ascertaining by inspection or otherwise, that any hotel or restaurant or other place or thing reauired or allowed by this chapter to bo inspected is being carried on contrary to the pro- ’ isions of this chapter, to make complaint and cause the arrest of the person so violating the same, and it shall be the duty of the prosecuting attorney in such a case to prepare all necessary papers and conduct such prosecutions. Section 38-1316, IUSPTCTOH' S BOOKS OPSM TO PUBLIC. —Xt shall be the duty of the Department of Public Welfare to see that all the provisions of this chapter are complied with and an official of said department shall personally Inspect, one? in each year, everv hotel as defined by this chapter. Such officials are hereby granted police power to enter any hotel at reasonable hours to determine whothor the provisions of this chapter are being complied, with. The department shall keep a complete set of books for public use and inspection, showing the conditions of each hotel so inspected, together with the 66 name or nam.es of the owners, proprietors and managers thereof, and . showing the sanitary condition, the number and condition of its fire escapes and any other information for the betterment of the public service. Section 38-1317. CERTIFICATE OP CONDITION—ISSUANCE AND POSTING If the Department of Public Welfare shall find, after examination of any hotel, that this lav; has been fully complied with it shall issue a certificate to that effect to the person operating the same, and said certificate shall be kept posted up in a conspicuous place in said inspected building. Section 38-1318. PENALTY FOR FALSE CERTIFICATE.—Any inspector of the Department of Public Welfare who shall ■wilfully certify falsely regarding any building inspected by him, and who shall issue a certifi- cate to any person operating any hotel when such person has not complied with the provisions of this chapter, shall, on conviction thereof, be fined not less than fifty dollars nor to exceed : 500,00 and may be im- prisoned not to exceed one year in the county jail, or both, at the discretion of the court, and upon conviction, shall be- disaiiD lifted to hold said office. Section 38-1319. PENALTY FOR TKTWSREUCE WITE INSPECTION.— Any owner, manager, agent or person in charge of a hotel, or other place to bo inspected under the provisions of this law, who shall obstruct or hinder an inspector, or his deputy, in the proper dis- charge of his duties under this chapter, or who shall refuse or neglect to pay the fee for inspection proscribed heroin, shall be guilty of a miabmeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than 1100,00, or shall be im- prisoned in the county jail for not less than ten days nor more than three months, or both. 67 MISCELLANEOUS MATTERS BARBERS Section 53-602, PRACTICE DEFINED.—Any one or any combination of the following practices (when done upon the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or without payment for the public generally) constitutes the practice of barbering; Shaving or trimming the beard or cutting the hair; Giving facial and scalp massage or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances; Singeing, shampooing or dyeing the hair or applying hair tonic; Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, neck or upper part of the body. Section 53-623. PHYSICAL EXAMINATION REQUIRED OF PRACTITIONERS— INSPECTION RULES.—All persons licensed and practicing, in this state, under the provisions of this chapter, shall be required to comply with Chapter 12 of title 38, and submit to the same physical examination as required of persons handling and preparing food to be sold or delivered to the public in general and procure a like certificate. Inspection of barbers and barber shops for the purpose of enforcing the provisions of this chapter shall be made by the Department of Public Welfare, The De- partment of Law Enforcement shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter and prescribe sanitary requirements for barber shops and barber schools, subject to the approval of the Department of Public Welfare, officers of which, or their agents, shall have authority to enter upon and to inspect any barber shop or barber school at any time during business hours. A copy of the rules and regulations adopted by the Department of Law En- forcement shall be furnished by the said Department of Law Enforcement to the owner and manager of each barber shop and barber school, and such copy shall be posted in a conspicuous place in such barber shop or barber school Section 53,701. BARBER SHOPS, HAIRDRESSING PARLORS, AMD PUBLIC BATHING PLACES,--INSPECTION,--In the interest of the public health and to prevent the spread of contagious and infectious diseases, the Denart- ment of Public Welfare is charged with the sanitary supervision of all barber shops, hairdressing parlors, public bathhouses, public bathrooms and public bathing places in the State of Idaho, Section 53-702, BARBER SHOPS, HAIRDRESSING PARLORS, AND PUBLIC BATHING PLACES—RULES AND REGULATIONS.--The Department of Public Welfare is hereby directed and empowered to inspect the places mentioned in sec- tion 53-701, and to make such rules and regulations as are necessary to safeguard the public health and to prevent the spread of contagious or infectious diseases, which rules and regulations shall be posted and published in the manner provided in section 36-303, and any person vio- lating any such rules or regulations, when so posted and published, shall be guilty of a misdemeanor, and upon conviction shall be fined a sum not to exceed fifty dollars, 68 Section 53-703. BARBER SHOPS, HAIRDRESSING PARLORS, AND PUBLIC BATHING PLACES--CERTIF’ICATE.—Upon any such establishment herein being found to be in a sanitary condition, by the Department of Public Wel- fare, and • complying with the regulations provided for in the preceding section, a certificate shall be issued by said department, without any cost, good for the year inwhich it is issued, which shall be kept posted in a conspicuous place. The owner, lessee, or manager of any barber shop, hairdressing parlor, public bathroom, bathhouse, or bathing resort who operates his business in violation of this provision shall be guilty of a misdemeanor, and punished as provided in the preceding section. DOMESTIC ’WATER AND ICS Section 36-1201. MANUFACTURE AND STORAGE OF ICE.--Ice manufactured or stored for human consumption shall be made from pure water, and shall be kept stored in clean places free from all filth, offal, refuse, and polluted waters and separate and removed from contact with animal or vegetable matter, and not in proximity to any cesspool, privy vault or sewer, nor in places where such ice may be subject to contamination from, or in the action of, acids, oils, noxious, offensive of injurious gases, smoke or vapors; and all ice manufactured or stored in violation of this section shall be deemed polluted ice and not fit for human consumption; and it shall be unlawful to sell, offer for sale, or store for sale such polluted ice, for human consumption. Section. 36-1202, DOMESTIC WATER TO 3E PURE,--any person or persons, corporation or corporations, or officers of a municipality, awning or maintaining any plant or system for the supply to the inhabitants of this state, or any part thereof, of water for domestic purposes shall keep the same clean and free from all impurities, accumulation of sediment, offal, refuse, dead animals, and all other foreign substances which tend to injure the health of the consumers of such water. The standard for water purification in the State of Idaho shall be that in force in the United States Interstate Quarantine Regulations. Section 36-103. VIOLATIONS A MISDEMEANOR,—Any person, persons, corporation or corporations or officers of a municipality, failing or neglecting to comply with any of the provisions of this chapter shall be guilty of a misdemeanor* 69 POLLUTION Section 17-2701. PUBLIC NUISANCE DEFINED.—Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navi- gable lake, or river, stream, canal or basin, or any public park, square, street, or highway, is a public nuisance. Section 17-2703. PUNISHMENT FOR NUISANCE.—Every person who main- tains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who wilfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor. Section 17-2705. EXPOSURE OF PERSON WITH CONTAGIOUS DISEASE.— Every person who wilfully exposed himself or another afflicted with any contagious or infectious disease, in any public place or thoroughfare, except in his necessary removal in a manner the least dangerous to the public health, is guilty of a misdemeanor. Section 17-2706. EXPOSURE OF ANIMAL CARCASSES,—Every person who puts the carcass of any dead animal, or the offal of any slaughter pen, corral or butcher shop, into any river, creek, pond, street, alley, public highway or road in common use, or who attempts to destroy the same by fire within one-fourth of a mile of any city, town or village, is guilty of a misdemeanor. Section 17-2710. LEAVING CARCASSES NEAR HIGHWAYS, DWELLINGS AND STREAMS, AND POLLUTION OF WATER USED FOR DOMESTIC PURPOSES.—Any person who shall knov/ingly leave the carcass of any animal within a quarter of a mile of any inhabited dwelling, or on, along or within a quarter of a mile of any public highway or stream of water, for a longer period than twenty-four hours, without burying the same, and by such exposure or burial within 200 feet of any stream, canal, ditch, flume, or other ir- rigation works shall pollute or contaminate, so as to render unfit for domestic use, any natural stream of water, or the water in any canal, ditch, flume, or other irrigation works, used by others for domestic purposes, shall be guilty of a misdemeanor, and upon conviction shall be fined any sum not to exceed $100.00. Section 34-201. QUARTZ MILLS—RESERVOIRS AMD DUMPS TO BE INCLOSED.— The owner or operator of any quartz mill must inclose with a good and substantial fence, sufficient to turn stock, all reservoirs and dumps or other material, known to contain that which is injurious to the health of stock. Section 34-202. LIABILITY FOR FAILURE TO INCLOSE.—Every person who fails to comply with the provisions of the last section is liable to the owner of any stock injured by drinking the water or acids that flow from such mill, in twice the damage sustained. 70 Section 35-1001. MILLS MUST NOT POLLUTE STREAMS, —It shall be unlawful for the owner or owners of any sawmill, reduction works, or any of the employees thereof, or any other persons or persons, whomsoever, to deposit, throw in or in any way permit to pass into any stream or lake any sawdust, chemicals or other substances that will or may tend to the destruction of driving away from such waters, any fish, or kill any fish by the use of poison or deleterious drugs or by the use of any explosive, substance or to explode or cause to be exploded, any powder, hercules powder, dynamite, nitroglycerine, lime gas, or other explosive substances, for the purpose of catching, killing or destroying any kind of fish; Provided, that if it shall become necessary for any person or persons to use any of said explosives for the purpose of internal improvements in any of the streams or lakes of this state, such person or persons before using such explosives must procure permission from the state fish and game warden or deputy warden of the county in which said explosives are to be used; Provided further, that nothing in this act contained shall prevent the lowners of any quartz mill or reduction works in this state, now or hereafter, to be located upon any natural stream, or lake, from operating said quartz mill or reduction v'orks where the said owner or owners thereof shall build or cause to be built a suitable dam for settling purposes: Provided, however, that before any dam shall be built, for any such settling purposes, the state fish and game warden shall first approve the plan for such dam for settling purposes, to be used in connection with said quartz mill or reduction works, for pre- venting any deleterious chemicals from flowing into such stream or lake. Section 38-303, SUPPRESSION OF NUISANCES,--Such local board of health shall take cognizance of all unhealthy nuisances within the limits of their sanitary jurisdiction; andy every person or corporation refusing or neglecting, after due notice, to comply with the requirements of said department in this respect shall be liable to : penalty of not exceeding fifty dollars or Imprisonment in the county jail for not more than sixty days, or to both such fine and imprisonment. All questions arising be- tween local boards as to jurisdiction or their relative duty in the abatement of any particular nuisance shall be referred to the Department of Public Welfare for settlement. Section 65-4001. BIG PAYETTE LAKE—APPROPRIATION OF WaTERS IN TRUST FOR PEOPLE,--The governor is hereby authorized and directed to ap- propriate in trust for the people of the State of Idaho all the unappro- priated water of Big Payette Like, or so much thereof as may be necessary to preserve said lake in its present condition. The preservation of said water in said lake for scenic beauty, health and recreation purposes neces- sary and desirable for all the inhabitants of the state is hereby declared to be a beneficial use of such water. No fee shall be required in connection with said appropriation by the governor or the permit issued in connection therewith, and no proof of completion of any works of diversion shall be required, but license shall issue at any time upon proof of beneficial use to which said waters are now devoted. Each succeeding governor in office shall be deemed to bo a holder of such permit, in trust for the people of the state. 71 Section 65-4002. BIG PAYETTE LAKE--LANDS DEVOTED TO HEALTH AND RECREATIONAL USES,—The lands belonging to”the State of Idaho between high and low water mark at said Big Payette Lake, as well as all other lands of the state adjacent to said lake, until the same are disposed of by the state board of land commissioners, areby declared to be de- voted to a public use in connection with the preservation of said lake in its present condition as a health resort and recreation place for the inhabitants of the state and said public use is hereby declared to be a more necessary use than the use of said lands as a storage reservoir for irrigation or power purposes. Section 65-4003. BIG PAYETTE LAKE—CONSTITUTIONALITY Of ACT.-- If any part of this act shall be adjudged to be invalid, such judgment shall not affect, impair or invalidate any part of the remainder. Section 65-4004. PRIEST, PEND D'OREILLE, AND COEUR D'ALENE LAKES— APPROPRIATION OF WATERS IN TRUST FOR PEOPLE. --The Governor is hereby authorized and directed to appropriate in trust for the people of the State of Idaho all the unappropriated water of Priost, Pend d*Oreille and Coeur d'Alene lakes or so much thereof as may be necessary to pre- serve said lakes in their present condition. The preservation of said water in said lakes for scenic beauty, health, recreation, transporation and commercial purposes necessary and desirable for all the inhabitants of the state is hereby declared to be a beneficial use of s.uch water* No fee shall be required in connection with said appropriation by the governor or the permit issued in connection therewith, and no proof of completion of any works of diversion shall be required, but license shall issue at any time upon proof of beneficial use to which said waters are now devoted. Each succeeding governor in office shall be deemed to be a holder of such permit, in trust for the people of the state. Section 65-4005. PRIEST, PEND D'OREILLE, AND COEUR D*ALENE LAKES— LANDS DEVOTED TO HEALTH AND RECREATIONAL USE.—The lands belonging to the State of Idaho between high and low water mark at said lakes as well as all other lands of the state adjacent to said lake, until the same are disposed of by the state board of land commissioners are hereby declared to be devoted to a public use in connection with the preservation of said lakes in their present condition as a health resort and recreation place for the inhabitants of the state and said public use is hereby declared to be a more necessary use that the use of said lands as a storage reservoir for irrigation or pov/er purposes. Section 65-4006. PRIEST, PEND D* OREILLE, AND COEUR D'ALENE LAKES — CONSTITUTIONALITY OF ACT.--If any part of this act shall be adjudged to be invalid, such judgment shall not affect, impair or invalidate any part of the remainder. 72 0115 Section 5(5-1601. ADTTLTHiAT D OR FIS BRANDED OIL—TURF AND SALE NiiLfVNFDL.- -It shall be r.nlav/ful for an;/ person to manufacture, sell, keep for sale, or offer for sale vltbin the State of Idaho any raso lino, benzine, naphtha, lubricating oil or grease, road oil, fuel oil for boilers and internal combustion engines, which is adulterated or misbranded within the meaning of this chapter, and any person who shall manufacture, sell, keep for sale, or offer for sale any of the above-named articles, which is adulterated or misbranded within the m aninm of this chapter shall be guilty o+ a misdemeanor and upon con- viction thereof shall be fined in any sum not less than twenty-five dollars, nor more than $500.00, and each ?nd every sale in violation hereof shall be deemed a separate offense* Section 36-1602, INSPECTION.—It shall be the duty of the De- partment of Public Welfare to inspect and take samples of the above- named articles that are manufactured, kept for sale, or offered for sale, or sold within the State of Idaho and to cause tho same to be tested and to enforce the provisions of this chapter. Section 36-1603. RIGHT OF ICC ESS FOR INSPECTION—FRNALTY FOR OBSTRUCTING ENTRY OR INSPECTION. — For obtaining information ror:r rding the suspected violation of this chapter, the Department of Public Welfare shall have access to all places where the above-named articles nro sold, offered for sale or kept for sole, manufactured, or trans- ported, or stored, and may take samples therefrom for analysis, ten- dering payment therefor. Any person obstructing such entry or inspec - tion, or failing upon request to assist therein shall be fuilcy of a misdemeanor and shall be punished as provided in section 56-1601. 74 CHAPTER 136 1939 Idaho Session Lav/s (S. B. No. 101) All ACT CRATING A BUREAU OF INDUSTRIAL HYGIENE IN THE DIVISION 0? PUBLIC HEALTH IN THE DSPAP.TICTT OF PUBLIC WELFARE; PRESCRIBING ITS PO ERS AND DUTIES; MAKING AN APPROPRIATION I OR THE AD- MINISTRATION OF THIS ACT: AMD DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho; —— — - - - - - Section I. There is hereby created a bureau of industrial hygiene in the division of public health in the Department of Public Naif are*, with the personnel having special knowledge of the causes and preven- tion of occupational diseases and the necessary laboratory facilities efficiently to perform its functions. The functions of such bureau shall be? (l) To devise a system of reporting of absenteeism from various types of disability, particularly occupational diseases; (2) To nako a systematic survey and study of the various industrial health hazards of the state, and means for their control and prevention? (?) By itself and in cooperation with other state agencies to es- tablish rules and regulations for the control and prevention of adult sicknesses in industry, particularly occupational diseases, in coopera- tion with the Industrial Accident Board. (4) To maintain an adequate and competent inspection service of the industries v’ithin the state in order to ascertain hazardous con- ditions to which employees may be subjected and to require the correc- tion of such hazards in cooperation with various state agencies, and eni'crco rules and regulations approved by various state agencies* (5) To provide services to various state agencies, industries, labor, the medical profession, and other organizations interested in industrial hygiene?; (6) To acquaint the adult industrial population of the state with tho importance and value of industrial hyriono; and (?) To recommend to the legislature for enactment such measures as its study and xporience may demonstrate to be advisable. Section 2* There is hereby appropriated out of the general fund not otherwise appropriated, the sign of $14,000.00 for salaries and wages, and the sun of 8,500*00 for services other than personal and for other expenses, or so much of each of said suns as may bo nccos-*- sary, for the purpose of enabling the Department of Public Ilolfa.ro to carry out the purposes of this act, for the period commencing the 1st day of January, 1939, and ending the 31st day of December, 1940. 75 Section 3. The compensation and salaries appropriated by Section ? hereof nay be used by the department to supplement other appropria- tions or allotments to thf- department, in order that officers engaged part time in industrial hygiene may receive part of their compensa- tion and salaries from this appropriation, but otherwise said appropri- ation shall bo subject to the following general regulations. The compensation and salaries of all state officials and employees appropriated by Section c of this ret shall be in full for services to bo rendered by such officials or employe?s to the state during the period for which such appropriations are made, and where not fixed by law, such salaries shall be fix *d by the head of the department, sub- ject to the approval of the state board of examiners. Section 4. He portion of the appropriations herain made for ex- penses other than salaries and vragcs shall be expended in payment of salaries and wares, but with the consent of the state board of examiners, any portion of any appropriation herein made for the payment of sala- ries and wages may be expended for other expenses rf the particular •'ffico or department for which it is appropriated* S .jctif'i) 5. An emergency existing therefor, which emergency is hereby declared, this Act shall be in force and effect from and after its passap-o and approval. 76 urraait of child kygieke Section 65-5001. DEPARTMENT OF PUBLIC HELFARE--POWERS AHD DUTIES. Tho Department of Public Welfare shall have power ; 1. To exercise the rifhts, powers and duties vested by lav: in the board o** directors of the Leathern Idaho Sanitarium, its president and secretary. 2. To exercise the rights, pov.ers and duties vented by law in the boa~d of directors of the Idaho Gtrte Sanitarium, its president and secretarv. 3. To exercise the rirhts, pov/ers and duties of the board of trustees of the soldiers’ home, its chairman and secretary. 4. To exercise the rifhts, powers and duties vested by law in tho state board of health, the secretary of the state beard of health, and all its other officers and employees. 5. To exercise the rifhtg, powers -nd duties vested by law in the Bureau of Vital Statistics, the state ropistrar of vital statistics and the assistant state registrar of vital statistics. 6. To exercise the rirhts, Dowers and duties vested by law in the dairy, food and sanitary inspector and his deputies and the state chemist. Section 65-5002, BUREAU OF CHILD H YGIKLIE—CREATION. — There is hereby created in the Department of Public Uelfuro a bur aau to be known as the d ivision of child hygiene, to be under th 3 £ •snoreI super- vision and direction of the deportment, the director of which bureau shall be the Commissioner of the Public Welfare, or some woman, if any thoro be, 1n that dopartment. Section 65-3005. BUREAU OF CHILD HYGIENE—DUTIES.— The general duties of the bureau of child hygiene shall include the issuance of educational literature on the care of the baby and the hygiene of the child, the study of the causes of infant mortality *). oCX • 4. Color or race--white, black (negro or negro descent), Indian, Chinese, Japanese, or other. 5. Conjugal condition—as sinrle, married, widowed or divorced. 6. Date of birth, including the year, month and day. 7. Age, in years, months and days. S. Place of birth; state or foreign country. 9. Home of father. 10. Birthplace of father; state or foreign country, 11. Maiden name of mother, 12. Birthplace of mother; state or foreign country. 13. Occupation, The occupation to be reported of any person who had any remunerative employment; women as well as men. 14. Signature and address of informant. 15. Date of death, year, month and day. 16. Statement of medical attendance or. decedent, fact and time of death, time last seen alive. 17. Cause of death, including the primary and contributory causes or complications, if any, and duration of each. 18. Signature and address of physician or official making the medical certificate. 19. Length of residence at place of death end in state. Special information concerning deaths in hospitals and institutions, and of persons dying away from home, including the former or usual residence, and place where the disease was contracted. 20. Place of burial or removal. 21. Date of burial or removal. 22. Signature and address of undertaker. 23. Official signature cf registrar, with the date when certifi- cate was filed, and registered number. The person and statistical particulars (items 1 to 13) shall be authenticated by the signature of the informant, who may be any competent person acquainted with the facts. The statement cf facts relating to the disposition of the body shall bo signed by the undertaker or person acting as such* The medical certificate shall be made and signed by the physician, if any, last in attendance on the deceased, who shall specify the time in attendance, the time he last saw the deceased alive and the hour of the day at which death occurred. And he shall further state the couse of death, so as to show the course of disease or sequence of causes resulting in death, giving the primary cause, and also the contribu- tory causes, if any, and the duration of each. Indefinite and unsatis- factory terms, indicating only symptoms of disease or conditions result- ing from disease, will not be held sufficient for issuin'- a burial or removal permit; and any certificate containing only such terms as de- fined by the state registrar as indefinite and unsatisfactory, shall.bo returned to the physician for correction and definition. The intornatien al classification of the causes of death shall be used by all physicians in stating the cause of death in the medical certificate. Causes of death, which may be the result of either disease or violence, shall be carefully defined; and if from violence, its nature shall be stated, and whether, (probably) accidental, suicidal, or homicidal. And in case of deaths in hospitals, institutions, or away from home, the physician shall furnish the information roouired under this head (item 19) and shall state where, in his opinion, the disease was contracted. Section 38-207. CERTIFICATES OF DEATH IN CASES WITHOUT MEDICAL ATTHMDEKCE, — In case of any death occurring without medical attendance it shall be the duty of the undertaker or person acting as such to 82 notify tho local registrar of such death and if the local registrar is a is a Qualified physician he shall, at once, investigate the circum- stances of the case and from the results of such investigation make a certificate and return of death, noting this fact upon the certificate; provided, that, when the local health officer is not a Qualified phy- sician, or when there is no such official, and in such oases only, the registrar is authorized to make the certificate and return from the statement of relatives or other persons having adequate knowledge of the facts: Provided further, that if the death was caused by unlawful or suspicious means, the registrar shall then refer tho case to the coroner for his investigation and certificate; and any coroner, whose duty it is to hold an innuest on the body of any deceased person, and to make tho certificate of death required foT< a burial permit, shall state in his certificate the name of the disease causing death, or the means of death: causes of violence, and whether (probably) accidental, suicidal, or homicidal, as determined by the inquest; rnd shall, in either case, furnish such information as may bo required by tho Depart- ment of Public Vfolfaro properly to classify the death. Section 58-208. DUTIES OF UNDERTAKiSJt—DUTY OF TRANSPORTATION C01$PANI£G.--Tbe undertaker, or person acting as undertaker, shall be responsible for obtaining and filing the certificate of death with the local registrar of the district in which the death occurred, and securing a burial or removal permit, prior to any disposition of the body. He shall obtain the personal and statistical particulars required from the person best Qualified to supply them, over the signature and address of his informant. He shall then present tho certificate to the attending physician, if any, or to the health officer or coroner, as directed by the local rogistur, for the medical certificate of tho cause of death and other particulars necessary to complete the record, as specified in section 38-207; and he shall then state the facts re- quired relative to the date and place of burial, over his signature and with his address, and present the completed certificate to the local registrar, who will issue a permit for burial, removal or other disposition of the body. Tho undertaker shall delivery the burial permit to tho sexton, or person in charge of tho place of burial, be- fore interring or otherwise disposing of tho body, or shall attach the transit permit containing the registration removal permit to the box containing the corpse, when shipped by any transportation company, said permit to accompany the corpse to its destination, where, if within the state of Idaho, it shall be delivered to the sexton or to other person in charge of the place of burial. No railroad company, steamship company, or other transportation company, shall accept a corpse of a human being at any point in the State of Idaho, for shipment to any point within or outside of the State of Idaho, without said corpse being accompanied by a registra- tion removal permit. Section 38-209* (as amended) BURIAL PSRMITS—INTERMENT WITHIN STATE.— If the interment or other disposition of the body is to bo made within the state, the wording of the burial permit may be limited to a statement by the registrar, and over his signature, that a satis- factory certificate of death having been filed with him, as required by law, permission is granted to inter, remove, or otherwise dispose of the deceased, stating the name, age, sex, cause of death, and other necessary details upon tho form prescribed by the state registrar; provided that if tho interment is to bo made within the state, the place of interment, if in the around, must he of a depth of not less than six feet and if above the ground must be within a rock, concrete, or 83 netal vault, securely sealed* and provided further that prematurely born infants and amputated parts of human bodies shall be buried three feet under ground or cremated. Section 38-210. DISINTERCEPT--RULES .AND REGULATIONS— No body shall be disinterred within the State of Idaho except upon a permit granted by the Department of Public welfare. The forms of disinterment permits shall be prepared by the Department of Public Welfare. Disin- terment and removal must be done under the personal supervision of a licensed embalmer, and must be done at an hour when there is the least possible exposure. Only such persons as are actually necessary shall be present# The coffin shall not be opened either at place of disin- terment or place of destination, except special permit be issued by the Department of Public Welfare. And in case of disinterment of bodies dead by reason of contagious and infectious diseases, as shown by the certificate of death given by the attending physician, the sexton and all other persons engaged in such removal or being present shall immediately thereafter change their clothing and properly disinfect their hands, head and face; Provided, that such disinterment may also be governed by rules and regulations promulgated by the Department of Public Welfare and a synopsis of the same shall bo printed on the back of every permit: Provided, also, that in case of any contagious and infectious disease where remains are to bo shipped to points in other states, permission must first bo obtained from the secretary of the State Board of Health of such state. The Department of Public Welfare may also issue a special disinterment permit for legal purposes. This permit for legal purposes shall be granted only upon application of a prosecuting attorney or the attorney-general of this state, stating therein such facts which make it evident to the Department of Public Welfare? that the ends of justice reouire that disinterment bo permitted. Such special disinterment for legal purposes shall bo governed by rules and regulations promulgated by the Deportment of Public Tolfaro and a synopsis of the same shall be printed on the back of every such special disinterment permit for legal purposes. Section 38-211. DUTI IS OF SEXTON.--Do sexton or person in charge of any premises in which interments ore made shall inter or permit the interment or other disposition of any body unless it is accompanied by a burial, removal or transit permit, as herein provided; and each sexton cr person in charge of any burial ground shall indorse upon the permit the date of interment over his signature, and shall return all permits so indorsed to the local registrar of his district within ten days from the date of interment, or within the time fixed by.the local board of health. He shall also keep a record of all in- terments made in the premises under his charge, stating the name of the deceased person, place of death, date of burial and name and ad- dress of the undertaker, which record shall at all times be open to public inspection. Section .38-212. TRANSPORTATION OF BODIES OF PERSONS DYING OF CERTAIN DISSASES.—REGULATIONS.— The transportation of bodies dead of smallpox, plague, Asiatic cholera, yellow fever, typhus fever, diphtheria (membranous .group or diphtheritic sore throat, scarlet fever (scarlet rash or scarletina), erisypelas, anthrax and leprosy shall be permitted only under the following conditions: Hie body shall be thoroughly embalmed with an approved disinfectant fluid, all orifices shall be closed with absorbent cotton, the body shall be washed with the disinfectant fluid, enveloped in a sheet saturated with the same. 84 and placed at once in a coffin or casket, which shall be immediately closed, and the cof“in or casket, or the outside case containing the same, shall be metal or metal-lined, and hermetically and permanently sealed. The transportation of bodies dead of any disease other than those aforementioned shall be permitted under the following conditions: a. When the destination can be reached within twenty-four hours after death, the coffin or casket shall be enclosed in a strong outside box made of good, sound lumber, not loss than seven-eighths of an inch thick, b. When the destination cannot be reached within twenty-four hours after death, the body shall be thoroughly embalmed, and the coffin placed in a stronr, well-made outside shipping case. No disinterred body, dead from anv disease or cause, shall bo transported by common carriers, unless approved by health authorities having Jurisdiction at the place of disinterment and the Department of Public Welfare, and a permit and transit label shall bo renuired as her .in provided. The disintemont and transportation of bodies dead of diseases mentioned in paragraph 1 of this section, shall not be allowed except upon permission of the health authorities, at both place of dIs interment and the point of destination, and the Department of Public Welfare. All disinterred remains fo'* transportation shall be incased in metal caskets or r.etol-1 in -d boxes, and hermetically sealed* Provided, that bodies in a recovering vault, when prepared by a licensed embalmer, shall not be regarded a« disinterred bodies until after the expiration of thirty days. The outsid9 case may be omitted in all instances when the body is transported in hearse or funeral director’s wagon. Tvory outside case shall bear at least four handles, and when over fix feet six inches in length shell boar six handles. An approved disinfectant fluid shall not contain less than five per cent of formaldehyde pas, tho term embalming* as employed herein shall require the injection by a licensed embalmer of not less than ten per cent of the body weight for bodies of persons dead of disease? enumerated in paragraph 1, injected arterially, in addition to cavity injection: and not less than six per cent of the body weight injected arterially in all other cases in addition to cavity injection, and ton hours shall 'lapse between the time of embalming and the shipment of the body, and no disinfecting or embalming fluid which contains arsenic or any arsenical preparation shall bo used on any body dead of any d isease whatsoever. A copy of the original death certificate or the standard certi- ficate or the standard certificate of death form, signed by attending physician or coroner, permit of registrar, and a transit label supplied by the Department of Public Welfare, signed by the shipping funeral director, and initial baggage agent, and printed on strong white paper, shall be renuired for the transportation by common carriers of bodies of persons dying in this state. Tho death certlfcate shall contain such information as is renuired in the standard form of death certi- ficate if obtainable. The registrar’s permit shall authorize the transportation of the body of the person described in the physician’s or coroner’s certificate. The shipping funeral director shall state on the shipping label how the body is prepared, and the local baggage agent shall state thereon the route, name and address of escort. The physician’s or coroner’s certificate and registrar’s permit shall be given the escort, to be delivered with the body at destination. The shipping label shall be securely attached to the outside case. If the 85 body is sent by express, the physician’s or coroner’s certificate and the permit shall be attached to the express way bill, and delivered with the body at tbo destination, and the shipping labd sV.uil he attached to the outside case. A failure or neglect by any licensed embalmer to follow tbo provisions of this statute shall, in addition to any other punishment prescribed, be sufficient cause for revocation of embalmer*s licens '. The undertaker or person in charge of the funeral of any person dying of tuberculosis shall, within forty-eight hours after death of the person, report to the health officer of the city or town, or county, the name and resid nee of the deceased person, toe -then with c iu.se of death. Upon receipt of the notice as herein provided, the health offi- cer of the city, or town, or county, shall cause said premises to he disinfected in accordance with the regulations of the Department of Public V»’ el fare. The form of death certificate, registrar’s permit, and tha label n* described heroin, with th i provisions of this section printed thereon shall bo prepared by the Department of Public Ifelfar-.- and shall b used in this state for the shipment of bodies as herein provided. Section 38-2 13. KEG IS THAT I OK OF BIRTHS.--All births that occur in the state sh.vll bo immediately rcpi stored in the districts in which they occur, us hereinafter provided* Section 38-214. REGISTRATION OF BIRTHS—DUTIFS OF PHYSICIANS AND rilXnirIVYS,— It shall be the duty of the attending physician or midwife to file a certificate of birth, properly and completely filled out, giving all the particulars required by this chapter, with the local registrar of the district in which the birth occurred, within ten days after the date of birth; and if there be no attending physician or midwife, then it shall bo the duty of the father or mother of the child, nurse, attendant, any person present at the time of such birth, householder, or owner of the premises, having knowledge of such birth, manager or superintendent of public or private institutions in which the birth occurred, to notify the local registrar, within ton days after the birth, of the fact of such birth having occurred. It shell then, in such case, be the duty of the local registrar to secure the necessary information and signature to make a proper certificate of birth: Provided, that in cities, the certificate of birth shall be filed at a less interval than ten days after the birth, if so required by municipal ordinances or regulations now in force or that may here- after be enacted. Section 38-2X5. CERTIFICATE OF BIRTH,--The certificate of birth shall contain the- following items; 1, Place of birth, including state, county, township or town, village or city; if in a city, the ward, street, and house number; if in a hospital or other institution, the name of the same to be given, instead of the street and house number. 2, Full name of child. If the child dies without a name, be- fore the certificate is filed, enter the words ’’died unnamed.”. If the living child has not yet been named at the date of filing certifi- cate of birth, the space for full name of child is to be left blank 86 to be filled out subseouently by a supplemental report, as hereinafter provided. 5. Sex of child. 4. Whether a twin, triplet, or other plural birth. A separate certificate shall be recuired for each child in case of plural birth, giving number of child in order of birth, n w % 6. Full name of father. 7. Residence of father. 8. Color or race of father. 9. Birthplace of father; state or foreign country. 10. Age of father, at last birthday, in years. 11. Occupation of father. 12. Maiden nemo of mother. \3. Residence of mother. 14. Color or race of mother. 15. Birthplace of mother; state or foreign country, 16. Age of mother, at last birthday, in years. 17. Occupation of mother. IB, Humber of child of this mother, and number of children of this mother now living. 19. All certificates, either of birth or death, shall be written legibly, in unfading black ink, and no certificate shall be held to be complete and correct that does not supply all of the 5 terns of Informa- tion called for herein, or satisfactorily account for their omission. Section 38-216. CERTIFICATES OF BIRTH—GIVE?; NAMES.—When any certificate of birth of a living child is presented without the state- ment of the given name, then the local registrar shall make out and deliver to the parents of the child, or informant, a special blank for the supplemental report of the given name of the child, v/hich shall be filled out as directed, and returned to the local registrar as soon as the child shall have been named. Section 38-217. REGISTRATION OF PHYSICIANS, MIDRIVES, AID UNDERTAKERS.--Every physician, midwife, and undertaker shall, without delay, register his or her name, address and occupation with the local registrar of the district in which he or she resides, or may hereafter establish a residence; and shall thereupon he supplied by the local registrar with a copy of this chapter, together with such rules and regulations as may be. prepared by the Department of Public welfare relative to its enforcement, “itbin thirty days after the close of each calendar year, each local registrar shall make a return to the Department of Public Welfare of all physicians, midwives, or undertakers -who have registered in his district during the whole or any part of the preceding calendar year; Provided, that no fee or other compen- sation shall be charged by the local registrars to physicians, mid- wives or undertakers for registering their names under this section or making returns thereof to the Department of Public Welfare. Section 38-218. STATISTICAL RECORDS TO ES KEPT BY HOSPITALS.— All superintendents or managers, or ether persons in charge of hospitals, almshouses , lying-in or other institutions, public or private, to which persons resort for tmatment of diseases, confine- ment, or are committed by process of law, are hereby reouired to 87 make a record of all tho personal and statistical particulars relative to tho inmates in their institutions at the date cf approval cf this chapter, that are required ir. the forms cf the certificates provided for by this chapter, as directed by the Department cf Public Welfare; ard thereafter such record shall bo, by them, made for all future imates at the time cf their admission; and in case cf persons admitted cr committed far medical treatment of disease, the in charge shall specify far entry in the record, the nature of the disease, and where, in his opinion, it was contracted. The personal particulars and information required by this section shall be obtained from tho individual himself if it Is practicable tc do so; and when they can not bo sc obtainod, they shall be secured in as complete a manner c.« possible from relatives, friends, cr other persons acquainted with the facts. Section 35-219, ST , TI&TICAL FOP IS AND R3CQRDS—DFR.P.TKElNT OF PUBLIC TRLEuEE• —The Department cf public Welfare shall prepare, print and supply tc all registrars all elarks and ferns used in register ing, recording and preserving the returns, or in ether wise carrying cut the purposes cf this chapter; and shall prepare and issue* such de- tailed instructions as may bo required to secure the uniform observance of its provisions and the LV.intor. once of a perfect system cf registra- tion, And no other blanks shall be used than these supplied by the Department cf Public Welfare. The department shall carefully examine the certificates received nerthly from tho local registrars, and if any such arc incomplete or unsatisfactory, it shell require such fur- ther information to bo fursushed as may be necessary to make tho record complete and satisfactory, .end all physlciai a, midvivos, informants rr undertakers ccnuccted with ay ease, rrul all other persons having krxv'Xodge of tho facts, arc hereby required to furnish such informs.- tier as they nay possess, regarding any birth ;r death, upon demurd cf tho Department of public Welfare, in p.crs./U, by nr.il, or through the local registrar, Tho department shall further arrange, bind end par- rro-rontly preserve tho certificates in r systematic manner, and shall prepare and maintain a comprehensive and continuous card Index of all births and deaths registered; the cards tc show the nano cf child cr deceased, place and date of birth cr death, number of certificate, and the volume in which it is contained. The department shall inform all registrars what diseases ore tc bo considered as infectious, con- tagious, cr communicable and dangerous to tho public health as decided by the Department cf Public Welfare, in order that vrhen deaths occur from such diseases, proper precautions may bo taken to prevent the serenading of dm gore us diseases. Section 38-220. STATISTIC.- L FOPLiS AND RECORDS—DUTIES OF LOCAL R^GISTRuKS.— It sUr 11 be the duty of tho lee -1 registrars to supply blank forms of certificates to such persons ns require then. 3-eh local registrar shall carefully ex; nine each certifier to cf birth cr death when presented for record tc see thrt it has been rv.de cut in acccrchn.cc vdth the previsions cf this chapter and tho instructions cf the Department of public Welfare; and if ary certificate of death is inc. nplcto or ur.sc.tis factory, it shall bo his duty to cell attention tc tho defects in tho return, and to withheld issuing the burial or removal permit until they are corrected. If the certificate of death is properly executed and complete, he shell then issue a burial cr 88 removal permit to the undertaker; provided, that in case the death occurred from some disease that is held by the Department of Public Welfare to be infectious, contagious, or communicable and dangerous to the public health, no permit for the removal or other disposition of the body shall be granted by the registrar, except under such condi- tions as may bo prescribed by the department. If a certificate of birth is incomplete, ho she. 11 immediately notify the informant, and require him to supply the missing items if they can bo obtained. Ho shall then number consecutively the certificates of birth and death, in two separate series, beginning with the number one for the first birth and first death in each calendar year, and sign his name as registrar in attest of tho date of filing in his office. Ho shall also make a complete and accurate copy of each birth and death certifi- cate registered by him in a record book of approved form, to bo kept and permanently preserved in his office as the local record of such birth and death, in such manner as directed by the Department of Public Wel- fare; and ho shall, on tho tenth day of each month, transmit to the Department of Public Wei far v. all original certificates registered by him during the preceding month; and if no births or deaths occurred in any month, he shall, on tho tenth dc.y of the following month, report that fact to the department on a card provided for this purpose. Section 3S-221. COMPENSATION OF LOCAL REGISTRAPS.—Each local registrar shall bo entitled to bo paid the sum of twenty-five cents for each birth and each death certifier to properly and completely made out and registered with him, and correctly copied and promptly returned by him to tho Department of Public Welfare, as required by this chapter. And in case no births cr deaths were registered during any month, the local registrar shall be entitled tc be paid the sum of twenty-five cents for ouch report to that effect, promptly made* in accordance with this chapter; provided, however, that compensation for such services nay be fixed by tho city council or other governing body of such city, incorporated town, or registration district. All amounts payable to registrars, outside of citi-.s or incorporated towns, under provisions of this section shall be paid by tho treasurer of the county in which tho registration districts arc located, upon corti fication by tho Department cf Public Welfare. All amounts payable to registrars of cities and incorporated towns under the provisions cf this section shall be paid by tho treasurer cf such city or town comprising registration district upon certificate by the Department of Public Wel- fare, and the department shall semiannually certify to the treasurers of the several counties the number of births and deaths registered, with the names of the local registrars and the amounts due each at tho rates fixed heroin; provided, however, that no warrant shall bo issued to any local registrar where notice is previously given by tho Depart- ment cf Public Welfare to the auditor, city dork, or other proper officer of such registration district that the local registrar lias failed to comply with its instructions or rules and regulations. Section 38-222. FEES FOR CERTIFIED COPIES AND SEARCHES,--The Department of Public Welfare shall, upon request, furnish any applicant a certified copy of the record cf any birth or death registered under the previsions^of this chapter, for the making and certification of which it shall be entitled tc a foe of fifty cents, to be paid oy uhc- applleant; and any such copy of the record of a birth or death, when 89 properly certified by the department to be a true copy thereof, shall be prima facie evidence in all courts and places of the facts therein stated. For any search of the files and records, when no certified copy is made, the Department of Public Welfare shall be entitled to a fee of fifty cents for each hour or fractional part of an hour of the time of search, to be paid by the applicant. And the Department of Public Welfare shall keep a true and correct account of all fees received under these provisions and turn the same over to the state treasurer; provided, that the Depart- ment of Public Welfare shall furnish to school officials or the parents of children before their first entrance in any public school, free of charge, certificates showing the age of such children. Section 38-223, PENALTIES FOR VIOLATIONS,—If any physician who was in medical attendance upon any deceased person at the time of death shall neglect or refuse to make out and deliver to the undertaker, sex- ton, or other person in charge of the interment, removal, or other dis- position of the body, upon request, the medical certificate of the cause of death, hereinbefore provided for, he shall be deemed quilty of a mis- demeanor, and, upon conviction thereof, shall be fined not less than five dollars nor more than fifty dollars; and if any physician shall knowingly make a false certification of the cause of death, in any case, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than $300,00; and any physician or midwife in attendance upon a case of confinement, or any other person charged with responsibility for reporting births, in the order named in section 38-214, who shall neglect or refuse to file a proper certificate of birth with the local registrar, within the time re- quired by this chapter, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars nor more than $300.00, And if any undertaker, sexton, or other person acting as under- taker, shall inter, remove, or otherwise dispose of the body of any de- ceased person, without having received a burial or removal permit as herein provided, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than $300.00. And any registrar, deputy registrar, or sub-registrar who shall neglect or fe.il to enforce the provisions of this chapter in his district, or shall neglect or refuse to perform any of the duties imposed upon him by this chapter or by the instructions and directions of the Department of Public Welfare, shall be deemed guilty of a misdemeanor, and, upon con- viction thereof, shall be fined not less than twenty-five dollars nor more than $300.00, And any person who shall wilfully alter any certificate of birth or deaththe copy of any certificate of birth or death on file in the office the local registrar, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 nor more than $300.00, or bo imprisoned in the county jail not exceeding ninety days, or suffer both fine and imprisonment, in the discretion of the court. Any other person or persons who shall violate any of the provisions of this dhapter, or who shall wilfully neglect or refuse to perform any duties imposed upon them by the provisions of this chapter, or shall furnish false information to a physician, undertaker, midwife, or infor- mant, for the purpose of making incorrect certification of births or deaths, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars nor more than $200,00, 90 And ary transportation company cr common carrier, transporting cr carrying, cr accepting through its agents cr employees for transporta- tion or carriage, the body of any deceased person, without an accompanying permit issued in accordance with the provisions of this chapter, shall be doomed guilty of a misdemeanor, and, upon conviction thereof, shall be fined ret loss than fifty dollars nor mere than $300,00: previa>d, that in case the death occurred outside . f the state and the body is r.occmpariod by a certificate cf death, burial cr removal, or transit permit issued in accordance with the lav; cr beard cf health regulations in force whore the death occurred, and approved by the Dee: rtm mt cf Public Welfare, such death certificate, burial cr removal or transit permit may bo held to authorize the transportation or carriage of the body into or through the state. Section 33-224. EFFGRCEnTSUT OF CHAPTER.-—Local registrars arc hereby charged with the strict and thorough on fore evert cf the pro- visions of this chapter in their several districts, under the supervision and direction of the Department of Public Welfare; and they shall make or- immediate report to the department of any violation cf this law cording to their notice by observation or upon complaint of any person, or otherwise. The Department of Public Welfare is hereby charged with the thorough and efficient oxocuti -n of the provisions cf this chapter in every part of the state, and with supervisery power over looc.l registrars, tc the end that all of its requirements shall be uniformly complied with. The Commissioner cf Public Welfare shall have authority to- investigate cases ■ f irregularity cr vie la tier of law, personslly or by accredited rcpresc.utat?ve, end all registrars shall aid him, upor request, in such investigations. Wh-ma ho shall door; it necessary, he shall report eases cf violation >h‘ ary of the provisions of this chapter to the prosecuting attorney of the county, with a statement cf the facts and circumstances, and when ary such ease is reported to him by tin. Commissioner cf Public Welfare, the prosecuting attorney shell forthwith initiate card promptly follow up the necessary court proceedings against the parties responsible for the alleged vieIntiens 'f law; and upon request of the Department of Public Wel- fare, the attorney general shell likewise assist in the enforcement of the provisions of this chapter. Section 38-22*. HSGI STRATI CL STSTEI PROVIDED SUCLUSIVE.— Uo system for the registration of births and deaths shall bo maintained in any cf the several municipalities cf this state other than the one provided for and established by this chapter. Section 35-226, REPORTS TO DEPART: O' T OF PUBLIC UELFLHS.—In order to of ford the Department of Public Wolfr.ro better advar tag os for obtaining knovrlcdgo important tc bo incorporated with that collected through special investigations and fren other sources, it shall bo the duty of all officers of the state, the physicians of all mining or other incorporated c.mparmos, the s upor inior dent or ether person in cLar.ee cf any public, private or parochial hospital, a: d the president or agent of anv company charter ..a, organized or transacting business under the laws f this state, so far as practicable, to furnish tc the Department of Public Welfare any information bearing upon the public health which nay bo requested by said department, for the purpose of enabling it bettor tc perform the duties of collecting and distributing useful knowledge cn this subject. 91 Section 58-227, MARRIAGE REGISTERS—PERSONS OFFICIATING T0‘ KEEP,—All persons who perform tho marriage coronary must keep register cf the tine and place of each narriego sc celebrated, tho residence, tho r.ar.es in full, the place of birth, the ago of each party, and whether either party has ever before boor married, an.I if so, whether divorced. Section 38-228. MARRIAGE REGISTERS— PILING. —All persons registering marriages must quarterly file with the county rocorder a certified copy of their register. Section 38-229. COUNTY RFC Of. DPR--DUTY TO KEEP REGISTER OF MARRIAGES• —Tho county recorder meet provide and keep a register to be known an tho register -f marriages in which marriages certified to him must be entered and numbered in the order in which they arc reported to him, and must be prop :rly indexed. There must bo stated in or.eh resistor, in separate columns properly headed, the various facts cen- to ined in the certificates and the name and official or clerical posi- tion of tho p- rsen making the report. The recorder must carefully examine each report end register the same marriage but or.ee, although it may bo reported by differert persons. Section 30-230, COUNTY RPC OP DVR--DUTY TO REPORT TO DEPART? EFT OF PUBLIC T3LFLKB,—The county recorder must, every throe months, end within thirty days after the end of the quarter, transmit to tho De- partment cf Public Welfare, at B'iso, Idaho, certified abstract ~f the register of marriages, prepared in tho mrr_or proscribe1 in tho instruc- tions cf tho department, aid upon blanks furnished by it far that purpose. Section 3"-231, FFIES FOR f'ARRInGE RECORDS, —The county roe or.dors shall perform the duties required of them by this chapter without com- pevsati;n, ether than- their sc lory: provided, that for a certified copy of the record cf marriage, they shall receive a fee cf one dollar bo be paid by the person to when such copy is furnished, and reported by them as ir. the ease of other fees. Section 38-232, FAILURE TO PER POP. h DUTIES—PUaSflUENT.-- Any person cn vher a duty is imposed by the five procoding sections, wh falls, neglects or refuses to perform th ;■ same as herein required, shell be deemed guilty cf a mis donee:., or and. :n conviction thereof shell be fined not exceeding fifty dollars, or bo imprisoned ir tho county jail not exceeding ninety clays, or bo punished by both ouch fine and inpriscnncr.t. CHAPTER 139, R(slating to Vltr.l Statistics and tho records and duties of tho Bureau of Vital Statistics in the Dopnrtr.o3.it cf public Vo If arc: Providing the pr .coduro ard records tc be kept in tho ease of illogitimatc children bee n iing legitimate, .arid adapted children; Providing for the o or roc tier f defective r.rd incorrect certificates! and Providing for establishment of record cf birth in cases where births have net been recorded* 92 Be it Enacted by the Legislature of the State of Idaho: Section 1, Whenever a decree of adoption has been entered de- claring a child legally adopted in any court in the State of Idaho, a certified copy of the decree shall be recorded by the clerk of the court with the Bureau of Vital Statistics in the Department of Public Welfare upon a form provided for that purpose. This shall be filed with the original record of birth, or a certified or photostatic copy thereof from the State of Idaho or any other jurisdiction, which shall remain as a part of the records of the State Bureau of Vital Statistics, Upon receipt by the Bureau of Vital Statistics in the Department of Public Welfare of such certificate of the decree of adoption, a certificate of birth shall be issued bearing the name of the child as shown in the de- cree of adoption, the names of the foster parents of said child, the age of the fester parents, the sex, date of birth, and place of birth, but no reference in any birth certificate shall have reference to the adop- tion of said child. Such birth certificate shall supplant any birth certificate previously issued for said child and shall be the only birth certificate open to public inspection. In respect to form and nature of contents, it shall be identical with a birth certificate issued to natural parents for the birth of a child. All records and information specified in this section, other than the birth certificate to be issued hereunder, and all records, files and information of any court in this State relating to adoption proceedings, shall not be open to inspection except upon the order of a court of record of this State, Section 2, Whenever a child becomes legitimate by the subsequent marriage of its parents an affidavit of such fact may be filed by such parents with the Bureau of Vital Statistics in the Department of Public Welfare upon a form provided for that purpose. This shall be filed with the original record of birth which shall remain as a part of the records of the State Bureau of Vital Statistics, Upon receipt by the Bureau of Vital Statistics in the Department of Public Welfare of such affidavit, a certificate of birth shall be filed bearing the name of the child as shown in the affidavit, the names of the parents of such child, the age of the parents, sex, date of birth and place of birth. Such birth certificate shall supplant any birth certificate previously issued for said child and shall be the only birth certificate open to public in- spection. In respect to form and nature of contents, it shall be identical with a birth certificate issued to parents for the birth of a legitimate child. All records and information specified in this section, other than the birth certificate to be iesuvid hereunder, shall be avail- able upon the order of a court of record. Section- 3, Whenever it may be alleged that the facts are not correctly stated in any certificate of birth, death, or marriage, already registered, the local registrar shall require an affidavit under oath to be made by the person asserting the fact, setting forth the changes necessary to make the record correct, and supported by the affidavit of one other credible person having knowledge of the facts. Having re- ceived such affidavits, the local registrar shall fils them together with an amended certificate and he shall note the fact of the amend- ment with its date on the margin of the otherwise unaltered original certificate. He shall transmit the original certificate with the affidavits and amended certificate attached when making his regular 93 monthly returns to the Bureau of Vital Statistics. He shall also retain copies for his files. If the correction relates to a certificate pre- viously returned to the Bureau of Vital Statistics, the local registrar shall forthwith transmit the affidavits to the Bureau of Vital Statistics. If the correction is first made in the State Bureau of Vital Statistics, the Bureau of Vital Statistics shall transmit a certified copy of the amended certificate to the local registrar. Section 4. Where the birth of a child born prior to the effec- tive date of Chapter 191, 1911 Session Laws, has not been recordoo., or in case of failure to report any birth which has occurred subsequent to such date, such report may be recelvod and filed by the local registrar for record in the Bureau of Vital Statistics for the purposes and uses prescribed in Chapter 2, Title 38, Idaho Code Annotated, when such report is accompanied by a certificate of the attending physician or midwife, or by affidavits of the father or mother of the child or if neither father or mother of the child is living or-accessible, of the nearest of kin or guardian, or some person having direct knowledge in the promises. 94 RULES AND REGULATIONS 1. HEALTH CERTIFICA In all cases where a health certificate is i-equired by lav: a person who shows a positive V/asserman reaction shall not be permitted to continue his occupation unless his attending physician certifies that his disease is not in an infectious state, and that there is entire absence of visible lesions of his disease. Until cured he shall continue under active treatment by some physician licensed in this State, and shall be renuired to report to his physician for observation twice each month, and said physician shall report monthly to the public health department as to the progress of the case. 2. SLAUGHTER HOUSES AND MEAT MARKETS Every person, firm or corporation, owning, operating; or main- taining a slaughter house or meat market, shall see to it that running hot and cold water are provided at all times for tho purpose of wash- ing utensils, hands, meats, etc., conveniently located within the building. 1 KJ B AC TER ICI DAL TREATMENT OF DRINKING. EATING AMD COOKING UTENSILS Drinking, eating and cooking utensils used in serving food and beverares shall be disinfected as follows; They must be submerged in water at a temperature of not less than 170° f•, for at least two minutes, or be submerged in boiling water for at least thirty seconds. Pouring boiling water over uten- sils cannot be considered as compliance with this regulation. In lieu of the foregoing regulation utensils may be submerged in a luke-warm. solution containing not less than 60 parts per million of available chlorine for at least two minutes. This solution should, be made up at a strength of 100 parts per million or more of avail- able chlorine and must not be used after the strength has been re- duced to 50 parts per million. Or, any other method approved by the Idaho Department of Public Health may be used. 95 TOUK1ST CAFFS 4. THE FOLLOWING RHJGULATIOHS SHALL APPLY TO ANY CITY, COUNTY, VILLAGE, COIiTT UI.ITY, III STI TUT ION, PER SOI!, I IRK OR CORPORATIOIT OPERATING* ¥kW* TAIUING OR OFFERING FOR PUBLIC USE VITKIN THE STATE OF IlAHO* ANY TRACT OF LAUD WHERE LIVING QUARTERS OR FACILITIES OK aCCOnORATIONS FOR PER?-AIT ENT OR Tr?-1P0RARY DWELLING ARE PROVIDED FOR PUBLIC USE, EITHER FREE OF CHARGE OR FOR CO’TENS ATI OK: . SUPERVISION The manarerent of every public camp shall assume responsibility for maintaining in food repair all 'sanitation equipment and structures on said ground* Every tourist or recreation camp shall be provided with an adequate supply of water of "ocd sanitary ruality from a source which will meet the requirements of the Idaho Department of Public Health as to sanitary location, construction, and operation. The water supply may bo used from a municipal system provided such a system has been installed and is operated in such a manner as to meet with the requirements of this department. If a supply from an approved municipal source is not available, a supply shall he obtained from a well or spring or other source which must be located, improved, constructed, and operated in accordance v:ith the require- ments of this department for a safe water supply. In no case can dipping rrom springs or wells be permitted. SWAGE A HD REFUSE DISPOSAL The method of final sewage or refuse disposal utilized in connection with the operation of any camp or recreation ground shall be such as to create no nuisance. Fly-tight privies qt water flush toilets shall be provided and maintained in a clean and sanitary condition: separate toilets for men and women shall be provided. GARBAGE DISPOSAI Suitable containers with covers shall be provided at convenient points for the disposal of garbage and refuse. The contents of the containers shall b© removed daily and the material disposed of in a suitable manner so as not to create a nuisance or provide a breed- ing place for flics. CONSTRUCTION AND MAINTENANCE OF BUILDINGS If cottages, cabins, tent houses, dwelling houses or ot er structures to be used for human habitation are erected in any public camping ground, the following minimum reouirements in the construc- tion shall be observed: All floors shall be raised at least IB inches above the ground. All floors shall be so constructed as to bo easily kept clean. If private toilet is provided it must he water flushed and connected to a sewage system or septic tank. Room containing such toilet must have window opening to the outside air, and its floor must be con- structed of impervious material. Note ,—In addition to observing these requirements, all local building ordinances must bo complied with. 96 FIXATIONS OF THE STATE OF IDAHO, DEPARTMENT OF PUBLIC HEALTH, RELATING TO SANITARY REQUIREMENTS FOR RESTAURANTS All restaurants shall comply with all of the following regulations of sanitation: REGULATION NO. 1* Floors.--The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall he of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. REGULATION NO. ?. Walls and ceilings.--Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is pre- pared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray. REGULATION NO. 3. Doors and windows.--When flies are prevalent all openings into the outer air shall b? effectively screened and doors shall be self-closing, unless other effective means are provided to pre- vent the entrance of flies. REGULATION NO. 4, Lighting.—All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well 1ighted• REGULATION NO. 5. Ventilation.--All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be well ventilated. REGULATION NO. 6. Toilet facilities.--Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees. In restaurants hereafter constructed toilet rooms shall not open directly into any room in which food, drink, or utensils are handled or stored. The doors of all toilet rooms shall be self- closing except where they open outside the building. Toilet rooms shall be kept in a clean condition, in rood repair, and well lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees. In case privies or earth closets are permitted and used, they shall be separate from the restaurant building, and shall be of a sanitary type constructed and operated in conformity v;ith the standards of the Idaho Department of Public Health. REGULATION NO. 7. Water supply.—Running water under pressure shall bo easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate, and of a safe, sanitary Quality. REGULATION NO. 8. Lava to r y facili bias.--Adequate and con- venient hand-washing facilities shall Ido provided, including hot and cold running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands. 96a REGULATION NO. 9. Construction of utensils and onairment.— All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in pood repair. Utensils containing or plated with cadmium or load shall not be usod; Provided, That solder containing lead may be used for jointing. REGULATION NO. 10. Cleaning and bactericidal tree\tment of utensils and equipment,—All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. Single-service containers shall be used only once. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day's operation. Drying cloths, if us 3d, shall be clean and shall bo used for no other purpose. No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of utensils* REGULATION NO. 11, Storage and hand 1ing of utensils and equip" mont, —After bactericidal treatment, utensils shall be stored in a clean, dry place protected from flies, dust, and other contamination, and shall be handl ;d in such a manner as to prevent contamination as far as practicable* Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner* REGULATION NO. 12. Disposal of wastes.--All wastes shall bo properly disposed of, and all garbage and trash shall be kept in suit- able receptacles, in such manner as not to become a nuisance. REGULATION NO, 13. Refrigeration.—All readily perishable food rnd drink shall bo properly refrigerated except when being prepared or served. Proper refrigeration is doomed by the department to mean kept at a temperature of 50° F. or belov/." Waste v;at r from refrigera- tion equipment shall be properly disposed of. REGULATION NO, 14. Wholesomenoss of food and drink.—All food and dr ini* shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources. Sweet milk and fluid milk products shall be served in the individual original containers in which they wore receiv-d from the distributor; Provided, That this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. 96b REGULATION NO. 15. Storage, display, and serving of food and drink.—All food and drink shall he so stored, displayed, and 'sen :d Ts to bo protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, and othor contamination. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All moans necessary for tho elimination of flies, roaches, and rodents shall be used • REGULATION NO* 16. Cl earl in ess of employees.--All employees shall wear clean outer gamints and shall keep their hands cl an at all tines while enraged in handling food, drink, utensils, or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared. REGULATION NO. 17* Miscellaneous.--The premises of all restaurants shell be kept clean and free of litter or rubbish. Non'-' of the operations connected with a restaurant shall be conducted in■any room used as living; or sleeping quarters. Adequate lockers or dressing rooms shall he provided for employees1 clothing and shall be kept clean. Soiled linens, coats, and aprons shall ho kept in containers provided for this purpose. Adopted, entered in tho minutes of the department, and ordero transmitted by copy to all county and municipal health officers, and to be made publicly available, this sixth day of January , 1944. DEPARTMENT OF PUBLIC HEALTH OF TH STATE OF IDAHO By /s/ C. A. Eottolfsen Governor and Ex-officio Commissioner of Public Health 96c REGULATIONS OF THE STATE OF IDAHO, DEPARTMENT OF PUBLIC HEALTH, RELATING TO SYPHILIS, CHANCROID, GONORRHEA, LYHFHOPaTHIA venereum, (veneria) and granuloma inguinale THE DEPART!:ENT OF PUBLIC HEALTH OF THE STATS OF IDAHO, pursuant to Lav;, acting by and through C. A. Eottolfsen, Governor of Idaho and Ex-officio Commissioner of Public Health, by these presents adopts, establishes and promul- gates the following regulations, relating to syphilis, chancroid, gonorrhea, lymphopatbia venereum (veneria) and granuloma inguinale, and orders the same to become effective, as provided in Section 38-505 Idaho Code Annotated, thirty days from the date of this instrument; REGULATION NO. 1 Under authority of Sections 38-503 and 38-605 Idaho Cod.- annotated, syptulic, chancroid, gonorrhea, lymphopatbia v,.r>eroum (veneria) and granuloma inguinale ar hereby declared contagious, infectious and dangerous to the public health* and all county boards of health are required to include the same and quarantine persons afflicted with the same in the some manner, and subject tc the same limitations as provided in the case of the diseases enumerat d in Sec- tion 38-308 Idaho Code Annotated, as amendH by Section 1, Chapter 34, 1935 Session Laws* REGULATION NO. Under authority of Sections 58-307 and 38-505 every physician and other person attending any person rho is suffering from syphilis, chancroid, gonorrhea, lymphopatbia venereum (veneria) or granuloma inguinale shall report the sane and the sexual contacts of such case within twenty-four hours to the director of public health or to such local full-time county health off i cor as may be designated by the director of public health, setting forth in such report the name; of the case and such other information as is called for in the report. HEGULATION NO. 3 Houses of prostitution are declared injurious to health, indocent, offensive to the senses and public nuisances; under authority of Sections 38-303, 17-2701, Title 51, Chapter 4, all local boards of health are hereby required tc forthwith, upon being informed of the existence of any such house of prostitu- tion, report the same to the prosecuting attorney of the county in which the same is located, and. to the department of public health; and the local board of health is further required to demand of the prosecuting attorney that such nui- sance be abated os provided by law. Local boards of health are further required to report the failure of any prosecuting attorney to institute abatement proceed- ing's within thirty days after such demand; which report shall be made to the department of public health in writing not later than the thirty-fifth day after such demand for abatement is delivered to the prosecuting attorney** *Note; Section 17-2702 I. C» A. provides ; ’’Every person who wilfully omits to perform any legal duty relating to the removal of a public nuisance is guilty of a misdemeanor.” EMULATION ?'0. 4 Pursuant to the provisions of Section 38-306 I,C,A., any health officer whs shall refuse or neglect to obey or enforce the rules, regulations or orders of the department of public health or who shall fall to make prompt and accurate reports to the department as required in such rules or regulations, in relation to syphilis, chancroid, gonorrhea, lymphopathia venerem or granuloma inguinale shall be removed from office by order of the department and shall not bo reappointed. REGULATION NO. 5 Under the provisions of Section 38-308 I. C. A, as amended, syphilis, chancroid, gonorrhea, lymphopathia venereum (veneria) and granuloma inguinale are declared dangerous, contagious, and infectious and every physician attend- ing a person affected with any of the aforementioned diseases shall use such precautionary measures to prevent the spread of the disease by requiring such person to submit to proner treatment until cured, as are authorized in Section 38-503 I. C, A, REGULATION MO. 6 Under the provisions of Section 38-502 I, C, A. the attached case re- port card for reporting venereal disease is provided and established hereby by the department, which report shall be forwarded as provided in Regulation No, 2 REGULATION MO. 7 Physicians, health officers and all other persons are prohibited from issuing certificates of freedom from venereal diseases, except in giving such ordinary certificates of freedom from infection as may he necessary in reports of general examinations, and in certifying for the issuance of marriage licenses* Issuance of certificates of freedom from any or all venereal diseases to any person engaged in prostitution is declared immoral, unprofessional and dishonorable. Every local board of health is required to forthwith inform the department of public health whenever any case of issuance of such a certificate within its jurisdiction shall come to its attention. All such reports received by the department will be referred to the department of law enforcement for prosecution. REGULATION NO. 8 The follovrine form of order to report for examination is hereby adopted, and the same shall be used by all local boards of health in this State, and be served upon every person known or reasonably suspected of being infected with venerea1 disease: DEFAKTTENT or pT,THl,jc py\LTH OP THE STATE OF IDAHO (Hame of Local Health Boa r ') , I-V ho /"'luce) I.; 4 {.Lz'*) ORDER TO REPORT FOR IXADTVm non IOK 09? HTJNICABLS DISEASE TO , address; : Tinder authority of ul.e Statutes ’ . such casein and provided, and the regulations of the Department of Public Health of the o+ato of Idaho, made in the interest of preservation of public health, and suppression of com- municable disease, you are hereby ordered to report for examination for a conta gious end infectious disease to which you may unknowingly have boon exposed, at , on the day ’ ’(frve and address of place of exaninatJon) of , 194 , at the hour of o’clock, ?:. You and the members of your household are further ordered to strictly follow all instructions and appointments gi vm you by the health offi- cers and physicians upon such examination and diagnosis. Any failure or neglect to conform with this order will be prosecuted according to law. You are instructed to bring this notice v.d th you at the time and place fixed for examination as above stated. (figrift tur ■ o i, iveai'bf officer) (Designation of Official')' REGULATION NO. 9 Order to report for examination shall be executed in duplicate, shall be personally served by delivering one of the duplicates to th* person to bo examined, and filing the other, bearing the notation of time and place of service and the signature of the person serving the notice, with the issuing health authority. KJ5GULATIOK NO. 10 Tb.0 following omler to report for treatment is adopted as a form for use by al] local boards of health; DEI'AHTI'FNT OF PUBLIC HEALTH OF THE STATE OF IDAHO (Name o* Jo cal board of l.eaith) ORDER TO REPORT FOR TFUATJ"ENT mc__ , Address ; It appearing that upon examination made, you are in need of treat- Tbr , and that the public welfare and safety require that you be treated for the same until cured by r\ reputable physician of your own choice, or submit to treatment at the public expense until cured* You are ordered to report to vour physician for such treatment, and file with the undersigned health authority the duplicate of this notice, bearing the acknowledgement of the said physician that you have reported for treatment, with.* i three days from tho date of service of this notice upon you: "r»'i Unless you have so reported, you are hereby ordered to report jat Name of physician! (Address) in , Idaho, and continuing reporting as may be directed by him, until you are discharged by him as cured Town Ouarantine and appropriate prosecution will follow failure to comply with this order in any material respect. Dated 194 (Name of health ' off icer) R3GULATM M"u 11 TTitlc Orders to report for treatment shall be executed in triplicate; two of the signed orders shell be delivered to the person to be treated, in person, and left with him or her. Upon one of the papers shall be endorsed the following words: "I certify that the person required by the foregoing order to report for treatment has reported as therein ordered, and that treatment has been undertaken. Dated , 194 Signature of physician) fiV (1 Ci r V So ) . EGUL'iTION NO. 12 The following form of complaint is surrostod for use in cases where* violations of quarantine reputations appear* Complaints should ho filed undtsr Section 38-507** Except whore a different fora is prescribed by the Prosecuting Attorney, and in all cases in which complaint is filed without assistance of the Prosecuting Attorney the following form of complaint, filled in with appropriate data, shall bo used: IH the JUSTICE’S COURT For Precinct, County, Idaho Before ___________________________________ * Justice or* th--* '-'^aco THE STATE OF IDAHO, ) Plaintiff) ,rs* | COVpuiNT—Criminal ) 1 1 V ' “ ■' r"' i .r- t-t- -i r. j -‘-I I’ .. r i ■ r n i i n~i N / Do fondant PERSONALLY APPEALED before me this day of , 19 , of in the County of who, being first duly sv'om, complains and says t That j)f ‘ on or about the day of , 19 , at in the County of and State of Idaho, committed a misdemeanor to wit; A violation of regulation Mo. , published and adopted on the day of , 19 , by the Department of Public Health of the State of Idaho, which regulation is In the follov.ing words and figures. (insort tho text of the regulation) and which violation was committed as follows to wit: '(Set forth in detail the facts constituting the vie la tlon) A11 of which is contrary to the form of the Statute in such case made and provided, and against the peace and dignity of the State of Idaho Said complainant therefore prays that a Warrant may be issued the arrest of said and that he may be dealth according tc law. Subscribed and sworn to before me this day of , ly • JUSTICE OF THE PEACE ♦Section 38-507 is set forth as follows: ’’PENALTIES FOP VIOLATIONS*—Any person who shall violate any of the provisions of this chapter or any lawful rule or regulation made by the state department of public health, pursuant to the authority herein grant- d, or who shall fail or refuse to obey any lawful order issued by any state, county or municipal health officer, pursuant to the authority granted in this chapter, shell be deemed guilty of a misdemeanor, and shall be punished, on conviction thereof, by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months; or by both such fine and imprisonment.” REPUTATION HO. IP In all cases in which no other form is prescribed by tho res edit- ing Attorney or the Justice of the Peace or tho Probate Judge issuing* the war- rant, the following form of warrant of arrest is sucrested; III THE JUSTICE’S COURT ror Precinct, County, I do ho Before , Justice of the Peace THE STATE OF IDAHO, Plaintiff( vs. Defendant THE PEOPLE OF THE STATE OF IDAHO To any Sheriff, Constable, Marshal or Policeman of tho Said State or of Our Said County, GREETINGS. A COMPLAINT, Upon oath, having been this day laid before me by Charging that the crime of violation of Department of Public Health Regulation No. , which regulation is in words and figures as follows to wit; (insert the text of the re g.u latlcr.)’" has been committed, and accusing thereof. YOU ARE THEREFORE COTE'ENDED, by these present, to forthwith arrest the above names and bring him before me at ny office in in the County of State of Idaho, or in case of my absence or inability to act, before the nearest and most accessible Magistrate in this County. ,'State of Idaho, or Dated this a ay of . 19 JUSTICE OF THE PEACE }t 3GTJLATION NO. 14 The following form for order for Isolation is adopted, and shall be used by all local boards health; DEPARTMENT OF PUBLIC HEALTH OF THE STATE OF IDAHO V&urie of loo-1 bra.'d of health) IN THE T*ATTER OF OK’D :A OF ISOLATION (i'ame "of patiert} ) It appearing that , .ic, or is (Fame of patient) Reasonably suspected of being, infected v/ith in a communicable (Disease) stage, it is hereby ordered that the said person shall be isolated in the place designated by the undersigned health officer, until said person shall be found noninfectious; and the premises described as follows: Amo designated as the limits of the area of isolation. Violation of this order is a breach of quarantine and v ill be appropriately prosecuted. DA Ti7?n I9i , (.Name of Officer')' (Title) HEGULAT.IOTl ITO. 15 Orders for isolation shall be executed in triplicate* one shall, be delivered in person to the patient, one to the attending physician, if any other than the public physician acting for the board of health, and one to ha filed in the office of the issuing authority. Adopted, entered in the minutes of the deportment, and ordered transmitted by copy to all county and municipal health officers, end. be be mad publicly available, this fifteenth day of September , 1943. DEPAHT!i'ENT OF PUBLIC HEALTH OF THE STATE OF IDAHO By /s/ C. A. Bo 11o1f s en Governor and Ex-officio Commissioner of Public Health OOCUPaTIOHaL hisdnS d COK?tills*TIuN IDAHO Section 45-2101. SHORT TITLS*—This chapter may be cited as the "Occupational Disease Compensation law." Right to Compensation for Disablement From Occupational Pisease Section 43-2102. RI.-HT TO COMPENSATION—APPLICABILITY OF V/OHKktft’S COT,PRPS;vTIO?I LAV/*-•V/hera an employee oi an employer suoject to this chapter suffers from an occupational disease, as defined in Section 43-2104, and is thereby disabled from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease, or dies as a result of such disease, and the disease was due to the nature of an occupation or process in which he was employed with- in the period previous to his disablement limited in this chapter, the employee, or in case of his death, his dependents, shall be entitled to compensation, as provided in the- workman’s compensation law, os if such disablement or death w re an injury by accident, except as otherv;;se provided in this chapter; and the practice and procedure rr .-scrxbed in the v/orkmen’s compensation lav/ shall apply to proceedings for compensation such diseases, except as in this chapter other- wise provided* Section 43-2103. S SCURITY FOP RdFPDV .vXLXIV 1# — Svory employer of workmen subject to the workmen’s com- pensation law shall be subject to the provisions of this chapter and shall secure the payment of compensation in accordance with the pro- visions of this chapter by any method prescribed by the workmen*s compensation lav/ at the time in effect in tl is state* Y/hero the fore- going requirement is complied with the liability of the employer under this act shall be exclusive. The rights and r--medics granted by the workmen1 s compensation lav/ to an employee on account of personal injury caused by accident, or, on account of the disability caused by an occupational disease named and contracted, as provided herein, for which injury, or disability he is entitled to compensation under this chapter, shall exclude all other rights and remedies of such employee, his personal representatives, dependents, or next of kin at common lav/, or otherwise, against the employer, on account of any injury or disability incurred in the course of or because of his employment. Section 43-2104. OCCUPATIONAL DIS’2ASSS DRFINRD» —Compensation as provided in this chapter shall bo payable for disability or death of an employee resulting from the following occupational diseases: (l) Poisoning by lead, mercury, arsenic, zinc, or manganese, their preparations or compounds in any occupation involving direct contact therewith, handling thereof, or exposure thereto. (2) Carbon nonoxide poisoning; in any process or occupation im'olv- ing direct exposure to carbon monoxide in buildings, sheds, or enclosed places * 104 (3) Poisoning by methanol, carbon bisulphide, hydrocarbon distillates (Naphthas and others) or ha Inform ted hydrocarbons, or any preparations containing these chemicals or any of thorn, in any occupa- tion involving direct contact therewith, handling thereof, or exposure thereto. (4) Poisoning by benzol or by nitro, amido, or amino-derivatives of benzol (dinitro-benzol, anilin and ethers) or their preparations or compounds in any occupation involving direct contact therewith, banc ling thereof, or exposure thereto. (5) Glanders in the care or handling of any equine animal or the carcass of any such animal. (6) Radium poisoning by or disability due to radioactive proper- ties of substances or to (X-ray) in any occupation in- volving direct contact therewith, handling thereof, or exposure thereto. (?) Poisoning by or ulceration from chromic acid or bichromate of ammonium, potassium, or sodium or their preparations in any oc- cupation involving direct contact therewith, handling thereof, or exposure thereto. (B) Ulceration due to tar, pitch, bitumen, mineral oil, or paraf- fin, or any compound product, or residue of any of these substances, in any occupation involving direct contact therewith, handling there- of, or exposure thereto. (9) Dermatitis venenata, that, infection or inflammation of the skin, furunculosis excepted, due to oils, cutting compounds, lubricants, liouids, fumes, gases, or vapors, in any occupation involving direct contact therewith, handling thereof, or exposure thereto. (10) Anthrax occurring in any occupation involving the handling of, or exposure to wool, hair, bristles, hides or shins, or bodies of animals either alive or dead. (ll) Silicosis in any occupation involving direct contact with* handling of, exposure to dust of silicon dioxide. (SiOg). Tlo diseases or aggravation thereof, except those in this section defined, shall he deemed occupational diseases and compensable * s such, and one of the enumerated diseases herein shall be compensable unless contracted in the occupations herein enumerated. The terms "contracted” and "incurred”, as used in this chapter when referring to an occupational disease, shall be deemed the eouiva lent of the term "arising out of and in the coursj of," as used in the workmen's compensation act. Section 43-2105* DEFINITION OF DISABILITY.—Except as hereinafter otherwise provided in this chapter, "disablement” means the event of an employee's becoming actually and totally incapacitated, because of an occupational disease, from performing his work in the last occupation, in v/hich injuriously exposed to the hazards of such disease; and "dis- ability” means the state of being so incanacitatod« 105 Section 43-2106. LAY NOT RETROACTIVE.--The provisions of this chapter shall apply only to cases of occupational disease in which the last injurious exposure in an occupation subject to the hazards of such disease occurred on or after the date on which this chapter shall have ta3:en effect. Section 43-2107. L/vST SNILOYEP MABLE--nl,IOUWT OF CO.HPENSATL »«;, — Where compensation is payable for an occupational disease the in '.’-hose anploycicnt the ..mployee was last injuriously exposed to the hazards of such disease shall be liable therefor; the amount of th - compensation shall bo based upon the average ’••• oekly wages (as defined in th workmen’s compensation lav;) of the employee when last so exposed under such employer; and the notice of disability and claim for com- pensation shall be civ on and made to such employer; provided, however that too maximum compensation to be allowed for disability, or death, or both, on account of any occupational disease, other than silicosis, shall bo ;-5,000.00 until a transitory period of six years from date when this chapter becomes effective shall h ;ve expired, ond thereafter the total aggregate of such compensation and benefits shall be 's provided in the workmen’s compensation law* provided further that in case of silicosis th i only employer liabl •; shall be the last employer in whose employment vhe ■ mployee vies last injuriously exposed to the hazards of the disease during a* period of sixty days or mor? aft-r the effective date of this chapter. Section 43-2108. AG6HA YA TICK - * PROfOB T T Oh.. L COKP-WS ATI ON. —' 'hero an occupational disease is aggravated by any other disease or infirmity, not itself compensable, or where disability or death from any other cause, not itself cor.pensc.ole, is aggravated, prolonged, accelerated, or In any wise contributed to by an occupational disease, the compen- sation payable shall be reduced and limited to such proportion only of the compensation that would be payable if the occupational dise se, wore the sole cause of the disability or death as such occupational disease, as a causative factor, bears to all the causes of such dis- ability or death, such reduction in compensation to be effected by reducing the number of weekly or monthly payments or the amount of such payments, as under the circumstances of the particular case may bo for the best interest of all the parties* Section 43-2109. LIMITATIONS•—An employer shall not be liable for any compensation for an occupational disease unless such disease shall be due to the nature of an employment in which the hazards of such disease actually exist, are characteristic of, and peculiar to the trade, occupation, process, or cmployr..nt, and is actually incurred in his erploynent and unless disablement or death results within two years in case of silicosis, or one year in case of any other occupa- tional disease, after the last injurious exposure to such disease in such employment, or, in case of death, unless death follows continuous disability from such disease, oomnepcing within the period above limited for which compensation has been pe id or awarded or claim made as provided in this chapter, and results within two years after such last exposure. An employer shall be liable for any compensation for a non-acute occupational disease unless .such claimant was exposed to the hazard of such disease for a period of sixty days for the same employer. 106 Section 43-2110. FINICAL TF JITFdNT. — In the event of disability from an occupationaldisease, the employer shall provide reasonable medical and other treatment for such time as in the judgment of the board will tend to lessen the period of disability or provide needed relief: Provided, however, medical and ether treatment shall be limited in the case of a workman disabled by an occupational disease to a period of ninety days from the date of such disableme t, but the requirement for such treatment may be extended for an additional period not to exceed ninety days upon the orn ;r of the board. Section 43-2111. D3T IKilNATION OF i,RP «JTDFNCY,— No compensation for death from an occupational disease shall b> payable to any person whose relationship to the deceased, which und r the provisions of this chapter would ri'ro right to compensation, '•‘rose subsequent to the be- ginning of the first compensable disability, save only oft t*'orn children of a marriage existing at the beginning of such 'inability. Section 43-211?. 110 C0KT3ISATI0N IF CAS IS OF' FISK PR 3S‘OTATI0F, No compensation shell be payable for an occupational disease if t1 employ oo, at the time of entering into the employment of th pi oyer by v;horn the compensation would otherwise be- payable, f • 1 3 ly represented hims elf in writing as not having previously been disabled, laid off, or compensated in danagv or otherwise because of such diseas . Section 43-2113. LULLS IU1 PLLVFnTIOU. — The industrial accident board may require all employers to adopt rules which have been approved by it for the protection and safety of his employees and to prevent the contract!Tin of occupational diseases, and to keep the same posted in conspicuous places in, and about the premises? end the board may require employers to install, use or adopt such protective or safety appliances as in the board's opinion are necessary for the protection of the employees. Section 43-2114. UILFTTL GLLF-.IXFOSUI'.E.--A workman or ; is dependents shall not be entitled to compensation hereunder if he fails to observe such rules and regulations as may be promulgated by or approved by the industrial accident board and posted in the plant by the employer, or to use the protective and safety devices furnished by his employer, as prescribed by th • board. SPECIAL PROVISIONS R ELATING TO PARTICULAR DI STASIS Section 43-2115. DFFI1!ITION OF ’'SILICOSIS". —Whenever used in this chapter, "silicosis" shall mean tho characteristic fibrotic con- dition of the lungs caused by the inhalation of silicon dioxide (siOj?) dust. Section 43-2116. DEFINITION OF DISABILITY IN SILICOSIS CAS NS.— In case of silicosis "disablement" means the event of the first be- coming actually incapacitated, because of such disease, from per- forming any work in any remunerative employment? and "disability" means the state of being incapacitated. Section 43-2117. PdHIOD OF SXPOSULF IN SILICOSIS CASLS.— No claim for disability or death from silicosis shall be maintained or prosecuted 107 otherwise than under the provisions of this chapter, or come within the provisions of this chapter, unless during the ten years immodiatoly preceding the date of disablement the employee has been exposed to the inhalation of silica dust over a period of not less than five years, the last two years of w hich shall have been in this state, under a con- tract of employment existing in this state, however provided, that if the employee shall have beer: employed by the some employer during the whole of such five-year period, his right to compensation against such employer shall not be affected by the fact that he had been employed during any part of such period outside of this state. Section 43-2118. NO CO?T i?TSATT0*r FOR PARTIAL DISABILITY FROF SILI- COSIS.--Compensation shall not be payable for partial disability due to silicosis. Section 43-2119. COMP.ffifSATIOH FOR TOTAL DISABILITY FROL TJNCOF- LICAT5D SILICOSIS.--In the event of total disability or death from un- complicated silicosis, compensation shall bo payable to snployees and their dependents as follows; If disablement occurs, or, in the case of no claim for prior disablement, if death occurs in the calendar month in which this chapter becomes effective, the total compensation and death benefits payable shall not exceed the sum of £500.00, If disablement occurs, or, in the case of no claim for prior disablement, if death occurs during the next calendar month the total compensation and death benefits payable shall not exceed $r;50.00. Thereafter the total amount of compensation for death and benefits payable for total disability and death shall increase at the rate of -,'50.00 per month: the aggregate payable in each case to be limited r ecording to the foregoing formula for the month in which total disability occurs, or, in case of no claim, for prior disability, in which death occurs. Such progressive increase in the limits to the aggregate compensa- tion and benefits for total disability and death shall continue until the limit of $3,000.00 is reached, which limit shall continue until a transitory period of twelve years from the date when this chapter becomes effective shall have expired, and thereafter the total aggre- gate of such compensation and benefits shall boas provided in the workmen’s compensation law; provided, however, thrt the compensation payable in any such case shall be limited to r:. period not to exceed the average life expectancy of a person of the age, and sex of the d ec ea s od. Section 45-2120. COMP ENSATION FOE TOTAL DISABILITY FRO'/ COE PLICATGD SILICOSIS.—In case of disability or death from silicosis, complicated with tuberculosis of the lungs, compensation shall be payable as for uncomplicated silicosis, provided, however, that the silicosis was an essential factor in causing such disability or death. In case of disability or death from silicosis complicated with any other disease, or from any other disease complicated with silicosis, the compensation shall bo reduced as provided in Section 45-2108. Section 2121. NON-DXSA3LISING SILICOSIS—WAIV :R.--Whore an employee, though not actually disabled, is found to bo affected by silicosis, he nay, subject to the approval of the board, bo permitted to waive in writing ful 1 compensation for any aggravation of his condition that may 108 result from his continuing in his hazardous occupation. In the event of total disablement or death as a result of the disease with which the employe© was so affected, after such a waiver, compensation shall nevertheless be payable as herein elsewhere provided, but in no case, whether for disability or death or both, to exceed >2,000.00 in the aggregate. A waiver so permitted shall remain effective, for tlu? trade, occupation, process, or employment for which executed notwith- standing a change or changes of employer: Provided, that such waiver shall not inure to the benefit of any employer who fails to comply with the provisions “of Section 43-2113. The industrial accident board shall make reasonable rules and regulations relative to tbs form, execution, filin , or registration, and public inspection of waivers or records thereof. Section 43-21.?la, A workman, seeking employment and having knowl- edge or being informed that he is aff cted with a non-disabling sili- cosis, who nevertheless voluntarily prefers t" work in an occupation where his disease may become aggravated, may, with the approval of the board, enter into a contract with his prospective employer, waiving compensation under Section 43-2122, upon the possible subsequent term- ination of his -mploynent from any of the causes set forth in Section 43-2122, < r fr'-m any other causes. Section 43-2121L, Before approving a waiver under Section 43-2121 Section 43-2121a, the board shall be satisfied that the workman has voluntarily entered into said agreement to waive compensation: that it is ef greater advantage to the workman and his dependents, if any, for him to work in an occupation whore his disease may become aggravated than to seek other employment, and that the working c'nditirns main- tained by the employer are such as to i inlrize the hazards' erf silicosis. Section 43-2122. NON-DISABLING SILICOSIS,—Compensation upon severance from employment. (I) When an employee working subject to this chapter, who bus not previously executed any of the waivers referred to in Sections 43-2121, 43-2121a, and 43-2121b, and who would be entitled to compensation under this lavr if disabled, is, because ho has a non-disabling silicosis, discharged from employment in v/hich is engaged, or when such an em- ployee, after an examination * * * ns provided in subsection (?) and a finding by the medical panel that it is inadvisable for * * him to continue in his employment, * * terminates his employment * * * the industrial accident board may allow such compensation on account * of such discharge or termination of employment as it may deem, just * as support money pending his change of employment, payable as * in this law elsewhere provided, but in no case-; to exceed * $750.00 * * *. (Chapter 160, Session Laws, 1541, Effective Narch 15, 1941) (2) Upon application of any employer or employee the- industrial accident board may direct any employee of such employer or such em- ployee who, in the course of his employment has been exposed to the inhalation of silica dust, to submit to examination by the medical panel to determine whether such employee has silicosis, and the degro': 109 ♦hereof. The cost of such medical examination shall be borne by the person making application. The results or such examination shall be submitted by the medical panel to the industrial accident board which shall submit copies of such reports to the employer and employee, who shall have opportunity to rebut the same, provided, reouest therefor is made to the board within thirty days from the mailing of such re- port to the parties. The board shall moke its findings as to whether or not it is inadvisable for the employee to continue in his employ- ment , (?) If an employee shall refuse to submit to such examination after direction bv the board, or shall in anyway obstruct the same, bis rimht to compensation under this section shall bo barred. Section 5. SAING CLAUSE,--Awards heretofore made under Section 43-2122, Idaho Code Annotated, as enacted by 1959 Session Laws, Chap*- tar 161, and proceedings now pending thereunder shall net be affected by this amendatory act, and as to such said section is continued in force, (Chapter 160, Session Laws, 1941) Section 43-2123. LiiSCU’R'RING Ddli'MATITIS. -A person who has suffered disability from dermatitis and has received compensation therefor shall not be entitled to compensation for disability from a later attack of dermatitis due to substantially the same cause, unless, immediately preceding the date of the later disablement, ho has boon engaged in the occupation to which the recurrence of th • disc*' so k a scribed and under the same employer fbr at least sixty days. nib ICAL PAm ?L Section 43-2124. ?.r4Sl) ICAL P AIT CL. — A medical panel shall bo ap- pointed by the industrial accident board at such compensation as the board shall r*ix in any case on a claim for compensation for an occupational disease other than silicosis, whore a medical question shall he in controversy. It shall consist of three members who shall be licensed physicians in good professional standing, and who shall have had at lent five years' practice in the diagnosis, treatment, and care of industrial diseases. Section 43-? 125. SILICOSIS PAL5L. —There shall be a silicosis panel consisting of six members who shall be licensed physicians in good professional standing, four cf whom shall have had at least five years' practice in the diagnosis, treatment and care of silicosis, and two of whom shall bo expert roentgenologists who shall have had at least five years' practice and experience. They shall be appointed by the Governor from a list of recommended by the board of directors of the Idaho State Medical Society. The term, of office of a member of such panel shall be six years, except the members of the first panel, two of whom shall be appointed to serve until the first day of October, 1941; two to serve until the first dry of October, 1945, and two to serve until the first day of October, 1945, A vacancy on the panel occurring other than by expiration of term, shall 110 be filled by appointment for the unexpired term. Members of such panel shall receive such per diem compensation -as shall be fixed by the industrial accident board. They shall be entitled to their reason- able and necessary traveling and other expenses incurred while actually engaged in tho performance of their duties. In any case involving silicosis, the industrial accident board shall select three members of the silicosis panel to act as the nodical panel in such case. PRACTICE AND PROCEDURE Section 43-2126. N0TIC3 OF CONTRACTION OF FIS 'IAS 3 AND CLAIM 1 v)N COJ-SPUISATION. —Unless written notice of the manifestation of an occupational disease shall be riven cy the workman to the employer within sixty days after the 'irst manifestation thereof, and except in the care of silicosis within five months after the employment has ceased in which it is claimed th? disease was cmtracted, and, in case of death, unless written notice cf such death shc.1! b- given with in ninety days after the occurrence, and, unless claim for disabil- ity, or death, shall be made within one year after the disablement, or death, respectively, .all rights to compensation for ‘is- bility, or death, from an occupational disease shall be fo~ ■ ar barred. Such notice ond claim nay be made by any person claiming to be entitled to compensation or by some one in bis behalf. ntitlod to compensation or by some one in his behalf Itfhero compensation payments havo been n.ud n "nd discontinued, and further compensation is claimed for such further compensation shall be made v;ithin one year after the last payment. Section 43-2127. POST FOKTKM -VX VMINATI OfcS .--Open the filing of a claim for compensation for death from an occupational disease whore an autopsy is necessary accurately and scientifically to ascertain and determine the cause of death, such autopsy shall be ordered by the industrial accident board or the medical panel. The medical panel may designate a duly licensed physician, who is a specialist in such examinations, to perform or attend such autopsy, and to cert- ify his findings thereon. Such findings shall be filed with the medical panel and shall be a public record. The industrial accident board also may exercise such authority on its own motion or on abdica- tion made to it at any time by any part in interest, upon the presenta- tion of facts showing that a controversy mav exist in regard to the cause of death or the existence of any occupational diseas . All proceedings for compensation shall be suspended upon refusal of a claimant or claimants to permit such autopsy when so ordered, and n compensation shall be payable during the continuance of such, refusal. Section 43-2128, MODIFICATION Or AWAFD.—An award or denial of award of compensation for an occupational disease may be reviewed and compensation increased, reduced, or terminated where previously awarded, or awarded where previously denied, only upon proof1 of fraud or of change in conditions, and then only upon application by a party in interest made not later than one year after the denial of aw rd or, where compensation has been awarded, after the award of the date when the last payment was made under the award, except in case of silicosis whore such time limit shall bo two years. 111 Section -13-2129. R EFEH.ENO.E TO HEDICAL PANEL OF CONTROVERTED ¥ 3DICAE QUESTIONS.--If on a claim fo1* compensation for an occupational disease any medical ouestion shall be in controversy, industrial accident board shall refer the case to the medical panel for investi- gation and report. No award shall be made in caiy such case until the medical panel shall have duly investigated the case and made its re- port with respect to all medical ouestions at issue. The date of disablement, if in dispute, shall be deemed a medical nuestion. Section 43-2130. HEARING OH NBDICAL QUESTIONS — FINDINGS. --The medical panel, upon reference to it of a claim for occupational disease, shall notify the claimant or claimants and the employer to appear before it at a* time and place stated in the notice, and shall examine the employee if living, and may examine the body of the employee if deceased, Jf the employee be living, be shall appear before the medical pan 1 at the tine and place specified then or thereafter to submit to such examinations, including clinical and x-ray examinations as the medical panel may require. The claimant and the employer or his surety shall each be entitled, at his own expense, to have present at all examinations conducted by the medical panel, a physician ad- mitted to practice medicine in the state who shall be rv-en every reasonable facility for participating in every such examination. If a physician admitted to practice medicine in the state shall certify that the employee is physically unable to appear at the time and place designated by the medical panel, such panel shall, on notice to the parties, change the place and time of examination to such other place and time as may reasonably facilitate the examination of the employee, Proceedings shall be suspended and no compensation shall be payable for any period during which the employ o may refuse to submit to s uch examine.t’ on. Section 43-2131. REPORT OF RADICAL FWX.— The medical panel shall, v s noon as practicable after it has completed its consid ration of the case, re-port in writing its findings and conclusions on every medical Question in controversy. If the date of disablement is controverted and cannot be exactly fix ?d scientifically, the medical panel shall fix the most probable date, having regard to all the circumstances of the case. The medical panel shall also include in its report a statement indicating the physician or physicians, if any, who appeared before it, and what, if any, medical reports and x-rays were considered by it. The medical panel shall file its findings and report with the industrial accident board, which shall send a certified copy thereof to the claimant or claimants and to the employer and his sur tyf if any. Section 43-2152. AWARD—REVIEW OF FEDICAl. FINDINGS.—The decision or award of the industrial accident board in the case shall conform to the findings and conclusions in such report insofar as restricted to medical questions? provided, however, that any such findings and conclusions may be set aside, reversed, or modified by the industrial accident board upon e review of the award or decision, in case such a review is had as provided in Section 43-1406 of the workmen’s com- pensation act, subject, however, to the followin'* special provisions: 112 IIo such findinp or conclusion of the nodical paral shell be subject to review unless specified objection shall bo filed by a part in interest within the tine limited ir which to apply for review of ,.r award or decision. If objection is so filed, notice thereof shall be piven to the medical panel, whereupon such panel shall d el-spate one or more 'of its members to appear at the h jurint?: or hearings on review to submit to examination and cross-examination in respect to the findings and conelug ions objected to. Upon such review, no find- inr or conclusion of the medical panel upon a medical question shall be set aside, reversed, or modified unless proved to be manifestly erroneous or unreasonable, or duo to fraud, undue influence, inad- vertence, or mistake of fact or law. But, with the consent of the medical panel, its report in any case may, upon review, be remanded to it for r‘consideration. Every decision by the industrial accident board that sets aside, reverses, or modifies a finding or conclusion by th m hical panel shall be subject to review by the courts, upon appeal as in other compensation cases. Section ?. APPROPRIATION.—There is hereby appropriated out of any moneys in the general fund in the state treasury not otherwise appropriated, the sum of £10,000.00, or so much thereof as may bo necessary, the same to bo pin cod in the industrial administration fund, and the sum of $10,000.00, or so much thereof as may be neces- sary, is hereby appropriated out of the industrial administration fund to the industrial accident beard for the administration of this act durine the biennium endin'* December 31, 1940. Section 4. STATE INSURANCE FUND.—The state insurance fund created by the workmen’s compensation law and its administrator, are hereby authorized to insure employers apainst liability for compensation and to assure to the persons entitled thereto the compensation provided by this act. In d termininp, equitable rates for the added risks of occupations! diseases, the state insurance fund shall bo peverned by the provisions of Section 43-1713 Idaho Code Annotated. Section 5. All acts and parts of acts in conflict with this set are hereby repealed. Chapter 161 , I ’aho Session Laws of 1939 as amended by Chap! ” ICO, xdahc Session Laws of 1941. DDL b ADD aFCULATJODC RSLATIFO TO TF"1 OF SILICA DUST Application: These rules shall apply to all operations within the State of Idaho at any point where injurious concentrations of silica dust are present. Definitions: "Silica-bearing rock" means any formation, natural or synthetic, containing as a component part free silica. "SIlica-bearinr rock" shall be divided into two classes, as follows • Class I. Any rock formation, natural or synthetic, which has more than by weight of free silica, and any other formation, natural or synthetic, having a variable and unpredictable content of free silica. Class II. Any rock formation of substantially uniform, natural or synthetic character which has less than 10 '’ by weight of free silica. Do rock shall be considered as Class II until it has been demonstrated by the employer to the satisfaction of the Industrial Accident Board that it should be so classified. "Injurious silica dust concentration" shall mean dust produced from any operation in excess of the follow!nr values as dot rmin A by an approved dust count method: For Class I. Ten million (10,000,000) particles per cubic foot of air. For Class IT. Fifty million (50,000,000) particles per cubic foot of air. Dust Control; All operations in silica-bearing rock shall be executed so that there will bo no dangerous exposure to injurious dust concentra- tions , Dust Control Methods: Dust control shall be by any one or more of the following methods: a* Suction or exhaust or other ventilation methods. b. Wet methods. c. When no other method or combination of methods can be used to prevent exposure to injurious silica duct concentrations, personal respiratory protection may be used subject to the approval of the Industrial Accident Board. Ip such cases, the employer shall provide each worker r such personal respiratory protection with such equipment cf ap- proved design suitably identified to prevent exchange of such equipment and the employer shall further provide and employ approved facilities and methods for at least d aily caro of such equipment; or d. Other methods or combination of methods approved by the Industrial Accident Board. "Approved" means approved by the Industrial Accident Board. Approved June 4, 1940 INDUSTRIAL ACCIDENT BOARD 114 IDAHO RULES ADD REGULATIONS GOVERN HIG THE USE OF HATTERS W 'JPCURIAL CARROT IK G .1 GLUTTONS Section 1. DEFINITION: For the purpose of carrying out the provision* g these regulations the following terms are defined: Hatters' Fur is any animal fiber or other substance used in the manufacture of hats, which is treated or otherwise prepared by the process of, or, in a manner similar to that of carrotinp. Carrotinr is the process treating hatters' fur with mercury nitrate or any oth ;r solution or material for the purpose of render- ing to the hatters' fur suitable 3r tv0 manufacture of hats. Mercurial Cnrrot is any solution or material containing mercury or its compounds in comb5ration1. with nitric acid or other materials and used in the cornoting or preparation of hatters' fur. Section 2 Effective December 1, 1941, the use of mercurial carrot in the preparation of hatters' fur, or the use of mercurial carrotod hatters’ fur in the manufacture of hats, is prohibited t Provided, that any hat manufacturer o” fur cutter having mercurial carroted hatters' fur on hand December 1, 1941, may us© said fur until it is consumed, Approved on September ?5, 1941 INDUSTRIAL ACCIDENT BOARD 115