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H0410...............................................by AGRICULTURAL AFFAIRS
MEAT INSPECTION - Repeals existing law to delete provisions relating to
meat inspections.
01/19 House intro - 1st rdg - to printing
01/20 Rpt prt - to Agric Aff
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 61-1-8
AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Boe, Bolz, Cannon, Chadderdon, Clark, Collins, Deal,
Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour,
Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell,
Moyle, Nielsen, Nonini, Pence, Raybould, Ring, Ringo, Roberts,
Rusche, Rydalch, Sali(Sali), Sayler, Shepherd(2), Shepherd(8),
Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,
Mr. Speaker
NAYS -- Pasley-Stuart
Absent and excused -- Anderson, Block, Brackett, Bradford, Crow,
Schaefer, Shirley, Smith(24)
Floor Sponsor - Andrus
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Agric Aff
03/03 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 35-0-0
AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Broadsword
Title apvd - to House
03/09 To enrol
03/10 Rpt enrol - Sp signed
03/13 Pres signed
03/14 To Governor
03/15 Governor signed
Session Law Chapter 94
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 410
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MEAT INSPECTION; REPEALING CHAPTER 19, TITLE 37, IDAHO CODE,
3 RELATING TO MEAT INSPECTION PROVISIONS; AND AMENDING SECTION 5-338, IDAHO
4 CODE, TO DELETE CODE REFERENCES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Chapter 19, Title 37, Idaho Code, be, and the same is
7 hereby repealed.
8 SECTION 2. That Section 5-338, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 5-338. IMMUNITY OF DONORS OF WILD GAME MEAT. (1) A donor of wild game
11 meat for free use by a charitable organization is immune from civil or crimi-
12 nal liability arising from an injury or death attributable to the nature, age,
13 condition or packaging of the donated wild game meat if the injury or death is
14 not a result of the gross negligence, recklessness, or intentional misconduct
15 of the donor and the donated wild game meat is prepared and packaged by a com-
16 mercial butcher, commercial slaughterhouse, commercial meat processor or simi-
17 lar entity subject by law to regular state or federal inspection and licens-
18 ing.
19 (2) A charitable organization that receives, distributes or serves
20 donated wild game meat is immune from civil or criminal liability arising from
21 an injury or death attributable to the condition of the meat if:
22 (a) The charitable organization uses appropriate food storage and handling
23 equipment to provide for the safe and sanitary storage and/or service of
24 the wild game meat;
25 (b) The charitable organization accepts only wild game meat prepared and
26 packaged by a commercial butcher, commercial slaughterhouse, commercial
27 meat processor, or similar entity subject by law to regular state or fed-
28 eral inspection and licensing;
29 (c) The charitable organization inspects the donated wild game meat in a
30 reasonable manner and finds it to be apparently fit for human consumption
31 at the time of distribution or service;
32 (d) The charitable organization has no actual or constructive knowledge
33 at the time the wild game meat is distributed or served that it is adul-
34 terated, tainted, contaminated, or would be harmful to the health or well-
35 being of a person eating it; and
36 (e) An injury or death caused by eating the wild game meat is not a prox-
37 imate cause of the gross negligence, recklessness or intentional miscon-
38 duct of the charitable organization.
39 (3) For purposes of this section:
40 (a) "Charitable organization" means a nonprofit organization that is
41 exempt from taxation under the provisions of sections 501(c)(3) and
42 501(c)(4) of the Internal Revenue Code, as amended.
2
1 (b) "Donor" means a person, retailer, commercial butcher, commercial
2 slaughterhouse, commercial meat processor, or similar entity under state
3 supervision, and the Idaho fish and game department in its capacity as a
4 donor of unlawfully taken or unclaimed wildlife pursuant to section
5 36-1304, Idaho Code.
6 (c) "Wild game meat" means any raw, cooked, processed, or prepared edible
7 meat from a game animal killed in the wild and used or intended for use in
8 whole or in part for human consumption and which is exempt from the
9 inspection requirements of the federal wholesome meat act, or chapter 19,
10 title 37, Idaho Code; provided however, that wild game salami may not be
11 donated. Wild game meat shall not be considered "adulterated" as that term
12 is defined in chapters 1, and 19, title 37, Idaho Code, and IDAPA
13 16.02.19, merely because the meat is the product of a game animal killed
14 in the wild and not slaughtered by a butcher in a state or federally regu-
15 lated food processing establishment. Wild game meat shall be considered
16 "wildlife" as that term is used in IDAPA 16.02.19, and shall be handled,
17 prepared and served accordingly if the charitable organization is a food
18 establishment as defined in the rules.
STATEMENT OF PURPOSE
RS 15408
The Idaho State Department of Agriculture discontinued meat
inspection activities in the mid 1980s when all regulatory
responsibilities for meat inspection in the state of Idaho were
turned over to the USDA/Food Safety and Inspection Service.
FISCAL NOTE
No fiscal impact.
CONTACT
Name: John Chatburn
Agency: Agriculture, Dept. of
Phone: 332-8540
STATEMENT OF PURPOSE/FISCAL NOTE H 410