Idaho Code §§ 6-2601 to 6-2611 § 6-2609
CLEARANCE SAMPLING REQUIREMENTS.
Operative Text
(1) A qualified industrial hygienist who is independent of the company or entity conducting the cleanup or analysis shall conduct sampling to verify that cleanup standards have been met. All sample collection must be conducted pursuant to this section. (2) Sample locations shall be photographed and show the floor plan of the property, and such photos shall be included in the requisite final report. (3) Samples shall be obtained, preserved, and handled under professional standards for the types of samples and analytical testing to be conducted under the chain of custody protocol. (4) Samples shall be analyzed by a laboratory certified by the United States environmental protection agency or accredited by the American industrial hygiene association laboratory accreditation program for the analyte being analyzed. (5) Sampling locations shall be numerically identified, and the numbered sampling locations shall be delineated on the floor plan, visible in photographs, and linked to samples. (6) Standard three (3) inch by three (3) inch gauze shall be used for all sampling. The gauze shall be wetted with analytical grade methanol or isopropanol and each surface wiped at least five (5) times in two (2) perpendicular directions, and the gauze shall be turned onto itself throughout the wiping process. (7) After sampling, the sample shall be placed in a new, clean sample container and sealed with a teflon-lined lid. The sample container shall be labeled with the site or project identification number, date, time, and sample location and shall be handled by professional standards and conducted under the chain of custody protocol. (8) Discrete sampling shall be used in areas expected to have the highest levels of contamination as identified on the department-approved form. A ten (10) centimeter by ten (10) centimeter area shall be sampled from non-porous surfaces such as floors, walls, appliances, sinks, or countertops in each room. The sample area shall be composed of no fewer than three (3) discrete samples. (9) All other rooms of the property with the lowest levels of contamination shall be sampled using one (1) discrete sample per room. (10) A ten (10) centimeter by ten (10) centimeter area shall be sampled from the ventilation system in a location to be determined by the qualified industrial hygienist.
Idaho Code Title 6 ch. 26 § 6-2609 establishes detailed technical requirements for the sampling process used to confirm that a former clandestine drug laboratory has been adequately cleaned. An independent qualified industrial hygienist must oversee the sampling, which must follow strict protocols covering sample collection methods, container handling, chain of custody documentation, and laboratory certification. The rule specifies exact gauze size, wiping technique, sample area dimensions, and how different rooms—based on contamination levels—must be sampled, including the ventilation system.
Plain English — not legal advice.
Property owners managing the remediation of a former clandestine drug lab in Idaho must ensure that the clearance sampling required under § 6-2609 is performed by a qualified industrial hygienist who has no affiliation with the cleanup or analysis company. Compliant operators arrange for samples to be analyzed only by a U.S. EPA-certified or AIHA-accredited laboratory, and they ensure that all documentation—including floor plan photographs, numbered sample locations, and chain of custody records—is compiled into the final report. Operators also confirm that the specific wiping technique, gauze type, and room-by-room sampling approach described in § 6-2609 are followed precisely, including discrete sampling in high-contamination areas and ventilation system sampling.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 6-2609 of Idaho's Clandestine Drug Laboratory Cleanup Act, tenants have an interest in knowing that any property previously used as a drug lab must pass a rigorous, independently verified sampling process before it can be considered clean. If a tenant has concerns about whether clearance sampling was properly conducted—including whether an independent hygienist was used and whether laboratory results came from a certified facility—they may request documentation such as the final report, floor plan photographs, and chain of custody records. Tenants who believe the requirements of § 6-2609 were not followed can explore options such as contacting Idaho state authorities, raising the issue as a habitability concern, or reaching out to a tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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