The Idaho legislature hereby directs that the Idaho state department of agriculture shall be the contracting agency for inspections in the state of Idaho that are contracted by the United States food and drug administration for the inspection of nonretail activities subject to registration under section 415 of the federal food, drug and cosmetic act. Any existing contracts and contracting authority shall transition to the Idaho state department of agriculture by September 29, 2021. Processors conducting nonretail activities and not subject to registration under section 415 of the federal food, drug and cosmetic act shall not be subject to regulation by the Idaho state department of agriculture pursuant to the provisions of this section. Prior to the Idaho state department of agriculture engaging in the regulation of any activities pursuant to the provisions of this section, the Idaho state department of agriculture, in consultation and cooperation with the department of health and welfare, shall conduct negotiated rulemaking to provide for the implementation of such regulation.
Idaho Code § 22-113