Twin Falls Prosecuting Attorney Grant Loebs gives his input on weird laws Thursday, Jan. 3, 2019, at his office in Twin Falls. Some laws were created to keep us safe. Others help enhance or protect the state’s business and agriculture. Certain acts are against the law because they are offensive or deemed to be in bad taste. And others are an attempt to conform to a moral code. But as far as Twin Falls Attorney Grant Loebs can tell, there is a pretty clear reason for most of them.
“As with everybody, for prosecutors and policemen, the law is the law,” Loebs said. “There are some laws that aren’t enforced as aggressively as others either because there’s no harm, there’s no complaint, nobody calls it in, we’re unaware of it, or it’s difficult to know that it’s happening. But if we get a complaint, we look into things if they’re on the books.”
It’s not an Idaho Deluxe potato unless…
What it says
Title 22, Chapter 9 of Idaho Statues has very specific rules regarding what may be called an “Idaho Deluxe” an “Idaho Standard” or an “Idaho Utility” potato. For example, here’s what code has to say about Idaho Deluxe potatoes:
“Idaho Deluxe potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics, the minimum size of which shall be either two (2) inches in diameter or four (4) ounces in weight, except as hereinafter provided for, and not less than forty percent (40%) of the potatoes in the lot shall be six (6) ounces or larger, and which are fairly well shaped, free from freezing injury, blackheart, and soft rot or wet breakdown and from damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, air cracks, internal disorders, cuts, shriveling, sprouting, scab, blight, dry rot, rhizoctonia, other disease, insects or mechanical or other means, except that this grade may contain not more than fifteen percent (15%) by weight of potatoes meeting the requirements of Idaho Standard Grade as hereinafter provided for, providing that none of this fifteen percent (15%) of potatoes by weight shall be smaller in size by weight than ten (10) ounces.
“In order to allow for variations other than size, incident to proper grading and handling, not more than six percent (6%) of the potatoes in any container may be below the requirements of the grade, but not to exceed one sixth (1/6) of this amount or one percent (1%) may be allowed for potatoes affected by soft rot or wet breakdown. In addition, not more than five percent (5%) by weight may be damaged by internal disorders, and in addition, not more than three percent (3%) may be below the prescribed size, provided, however, that when potatoes of this grade are packed to meet a minimum size requirement of six (6) ounces or more by weight, the tolerance for undersize shall be five percent (5%), but not more than two percent (2%) may be smaller than two (2) inches in diameter or four (4) ounces in weight.”
When it was passed
This statute may have been in existence as early as 1930, but for sure was around in 1941, Loebs said.
Loebs’ interpretation
Many laws were passed after they were brought up to the state by lobbyists. “I doubt the legislature just decided to write this Deluxe potato law,” Loebs said. “I think the Idaho potato producers probably came and said, ‘We need a law that protects our potato brand from people producing shoddy potatoes.’” It’s all about protecting the industry’s branding.
What the penalties are
Violators of this code could face a misdemeanor with a penalty up to $500 and up to six months in jail.
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