Amends and adds to existing law to provide that the Idaho State Department of Agriculture shall be the delegated authority to regulate certain activities if specified conditions are met.

Currently, in the absence of other government oversight, food safety activities fall primarily under the jurisdiction of the Idaho Department of Health and Welfare (IDHW). However, for food processors the primary oversight for food safety and inspections falls within the jurisdiction of the federal Food and Drug Administration (FDA), under the authority of the Food Safety and Modernization Act (FSMA). As FSMA implementation proceeds, there is an expectation that the FDA will rely more heavily on the states with respect to food safety inspections. This legislation establishes the Idaho State Department of Agriculture (ISDA) as the delegated state authority for food regulation of any non-retail activities subject to FSMA. The bill also allows for a process to take place at a later date that would transition the food safety oversight and inspections for food processors from IDHW over to ISDA.