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H0465...............................................by AGRICULTURAL AFFAIRS COMMERCIAL FEED LAW - Amends and adds to existing law to redesignate sections; to revise definitions; to revise registration, labeling, fee, adulteration and penalty provisions; to provide for reporting; to revise provisions relating to commercial feeds deemed to be misbranded; to authorize the director of the Idaho Department of Agriculture to copy certain records; to authorize rulemaking authority for the establishment of fees for services; to provide for "stop sale, use or removal" orders; to provide for commercial feed not in compliance with certain rules; to provide for prohibited acts; to provide severability; and to provide for the use of funds received. 01/25 House intro - 1st rdg - to printing 01/26 Rpt prt - to Agric Aff 02/15 Rpt out - rec d/p - to 2nd rdg 02/16 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 66-0-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sali(Sali), Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Block, Ellsworth, Roberts, Schaefer Floor Sponsor - Lake Title apvd - to Senate 02/23 Senate intro - 1st rdg - to Agric Aff 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Burtenshaw, Pearce Floor Sponsor - Kelly Title apvd - to House 03/08 To enrol 03/09 Rpt enrol - Sp signed 03/10 Pres signed 03/13 To Governor 03/14 Governor signed Session Law Chapter 57 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 465 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO COMMERCIAL FEED; AMENDING SECTION 25-2715, IDAHO CODE, TO REDESIG- 3 NATE THE SECTION AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 4 25-2716, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE CORRECT 5 TERMINOLOGY; AMENDING SECTION 25-2717, IDAHO CODE, TO REDESIGNATE THE SEC- 6 TION, TO REVISE DEFINITIONS, TO DEFINE TERMS AND TO MAKE TECHNICAL CORREC- 7 TIONS; AMENDING SECTION 25-2718, IDAHO CODE, TO REDESIGNATE THE SECTION, 8 TO REVISE REGISTRATION PROVISIONS, TO PROVIDE A CORRECT CODE REFERENCE, TO 9 PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 10 SECTION 25-2719, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE LABEL- 11 ING REQUIREMENTS, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL 12 CORRECTIONS; AMENDING SECTION 25-2720, IDAHO CODE, TO REDESIGNATE THE SEC- 13 TION, TO PROVIDE FOR REPORTING, TO REVISE FEE PROVISIONS, TO PROVIDE COR- 14 RECT CODE REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 15 25-2721, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE ADULTERATION 16 PROVISIONS, TO PROVIDE A CORRECT REFERENCE, TO PROVIDE CORRECT TERMINOLOGY 17 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 25-2722, IDAHO CODE, 18 TO REDESIGNATE THE SECTION, TO REVISE PROVISIONS RELATING TO COMMERCIAL 19 FEEDS DEEMED TO BE MISBRANDED, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE 20 A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 21 TION 25-2723, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT 22 CODE REFERENCES, TO AUTHORIZE THE DIRECTOR OF THE IDAHO DEPARTMENT OF 23 AGRICULTURE TO COPY CERTAIN RECORDS AND TO MAKE TECHNICAL CORRECTIONS; 24 AMENDING SECTION 25-2724, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PRO- 25 VIDE CORRECT TERMINOLOGY, TO AUTHORIZE RULEMAKING AUTHORITY FOR THE ESTAB- 26 LISHMENT OF FEES FOR SERVICES AND TO MAKE A TECHNICAL CORRECTION; AMENDING 27 SECTION 25-2725, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE FOR 28 STOP SALE, USE OR REMOVAL ORDERS, TO STRIKE UNNECESSARY VERBIAGE, TO PRO- 29 VIDE FOR COMMERCIAL FEED NOT IN COMPLIANCE WITH CERTAIN RULES AND TO MAKE 30 TECHNICAL CORRECTIONS; AMENDING CHAPTER 27, TITLE 25, IDAHO CODE, BY THE 31 ADDITION OF A NEW SECTION 25-2712, IDAHO CODE, TO PROVIDE FOR PROHIBITED 32 ACTS; AMENDING SECTION 25-2726, IDAHO CODE, TO REDESIGNATE THE SECTION, TO 33 REVISE PENALTY PROVISIONS, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE A 34 CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS 35 25-2727 AND 25-2728, IDAHO CODE, TO REDESIGNATE THE SECTIONS; AMENDING 36 CHAPTER 27, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 37 25-2716, IDAHO CODE, TO PROVIDE FOR SEVERABILITY; AND AMENDING CHAPTER 27, 38 TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-2717, IDAHO 39 CODE, TO PROVIDE FOR THE USE OF FUNDS RECEIVED. 40 Be It Enacted by the Legislature of the State of Idaho: 41 SECTION 1. That Section 25-2715, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 25-271501. TITLE. Thisactchapter shall be known as the "Idaho Commer- 2 1 cial Feed Law." 2 SECTION 2. That Section 25-2716, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 25-271602. ENFORCING OFFICIAL. Thisactchapter shall be administered by 5 the director of the department of agriculture of the state of Idaho, hereinaf- 6 ter referred to as the "director." 7 SECTION 3. That Section 25-2717, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 25-271703. DEFINITIONS.OF WORDS AND TERMS.When used in this chapter: 10 (1) The term "animal remedy" means any drug, combination of drugs, phar- 11 maceutical, proprietary medicine, veterinary biologics, or combination of 12 drugs and other ingredients, other than for food or cosmetic purposes, which 13 is prepared or compounded for any animal use except man, or materials other 14 than food intended to affect the structure or any function of the body of ani- 15 mals other than man. This term does not include medicated feeds. 16a.(2) The term "brand name" means any word, name, symbol or device, or 17 any combination thereof, identifying the commercial feed of a distributor or 18 registrant and distinguishing it from that of others. 19b.(3) The term "commercial feed" means all materials or combination of 20 materials which are distributed or intended for distribution for use as feed, 21 or for mixing in feed for poultry and animals other than man except: 221.(a) Unmixed whole seeds and physically altered entire unmixed seeds, 23 when such whole or physically altered seeds are not chemically changed or 24 are not adulterated within the meaning of section 25-272107, Idaho Code, 25 or misbranded within the meaning of section 25-2708, Idaho Code. 262.(b) Seeds mixed and planted as such mixture, grown and harvested as one 27 (1) crop and processed as one (1) mixture when not adulterated within the 28 meaning of section 25-2707, Idaho Code, or misbranded within the meaning 29 of section 25-2708, Idaho Code. 303.(c) All hay, except commercially dehydrated legumes and grasses and 31 when not adulterated within the meaning of section 25-2707, Idaho Code, or 32 misbranded within the meaning of section 25-2708, Idaho Code. 334.(d) Whole or ground straw, stover, silage, cobs, husks, hulls, wet or 34 pressed beet pulp, pea screenings and beet discard molasses when not mixed 35 with other materials and when not adulterated within the meaning of sec- 36 tion 25-2707, Idaho Code, or misbranded within the meaning of section 37 25-2708, Idaho Code. 38 (e) Live, whole or unprocessed animals when not adulterated within the 39 meaning of section 25-2707, Idaho Code, or misbranded within the meaning 40 of section 25-2708, Idaho Code. 41 (f) Animal remedies except when used as a feed additive when not adulter- 42 ated within the meaning of section 25-2707, Idaho Code, or misbranded 43 within the meaning of section 25-2708, Idaho Code. 44 (g) Individual mineral substances when not mixed with another material 45 and when not adulterated within the meaning of section 25-2707, Idaho 46 Code, or misbranded within the meaning of section 25-2708, Idaho Code. 47 (h) High moisture food processing waste containing more than fifty per- 48 cent (50%) moisture content, without further processing, received by the 49 end user directly from the food processor when not adulterated within the 50 meaning of section 25-2707, Idaho Code, or misbranded within the meaning 51 of section 25-2708, Idaho Code. 3 1 The director, by rule, may exempt from this definition, or from specific pro- 2 visions of this chapter, commodities, and individual chemical compounds or 3 substances when such commodities, compounds or substances are not intermixed 4 with other materials, and are not adulterated according to the provisions of 5 section 25-272107, Idaho Code, or misbranded within the meaning of section 6 25-2708, Idaho Code. 7c.(4) The term "contract feeder" means a person who as an independent 8 contractor, feeds commercial feed to animals pursuant to a contract whereby 9 such commercial feed is supplied, furnished, or otherwise provided to such 10 person and whereby such person's remuneration is determined, all or in part, 11 by feed consumption, mortality, profits, or amount or quality of product. 12d.(5) The term "customer-formula feed" means commercial feed which con- 13 sists of a mixture of commercial feeds and/or feed ingredients each batch of 14 which is manufactured according to the specific instructions of the final pur- 15 chaser. 16e.(6) The term "department" means the Idaho department of agriculture. 17f.(7) The term "director" means the director of the Idaho department of 18 agriculture or the director's authorized agent. 19g.(8) The term "distribute" means to offer for sale, sell, exchange or 20 barter, or otherwise supplycommercial feeds in or into this state; or to sup- 21 ply, furnish, or otherwise provide commercial feed to a contract feeder. 22h.(9) The term "distributor" means any person who distributes. 23i.(10) The term "drug" means any article intended for use in the diagno- 24 sis, cure, mitigation, treatment, or prevention of disease in animals other 25 than man and articles other than feed intended to affect the structure or any 26 function of the animal body. 27j.(11) The term "feed ingredient" means each of the constituent materials 28 making up a commercial feed. 29k.(12) The term "label" means a display of written, printed, or graphic 30 matter upon or affixed to the container in which a commercial feed is distrib- 31 uted, or on the invoice or delivery slip with which a commercial feed is dis- 32 tributed. 33l.(13) The term "labeling" means all labels and other written, printed, or 34 graphic matter upon a commercial feed or any of its containers or wrapper, or 35 accompanying such commercial feed. 36m.(14) The term "manufacture" means to grind, mix or blend, or further 37 process a commercial feed for distribution. 38 (15) The term "medicated feed" means any feed which contains drug ingredi- 39 ents intended or presented for the cure, mitigation, treatment, or prevention 40 of disease in animals other than man or which contains drug ingredients 41 intended to affect the structure or any function of the body of animals other 42 than man. 43 (16) The term "mineral" means a naturally occurring, homogeneous inorganic 44 solid substance, essential to the nutrition of animals, having a definite 45 chemical composition and characteristic crystalline structure, color and 46 hardness. 47n.(17) The term "mineral feed" means a commercial feed intended to supply 48 primarily mineral elements or inorganic nutrients. 49o.(18) The term "official sample" means a sample of commercial feed taken 50 by the director or an authorized agent in accordance with the provisions of 51 section 25-272309, Idaho Code. 52p.(19) The term "percent" or "percentage" means percentage by weight. 53q.(20) The term "person" includes an individual, partnership, corporation, 54 firm, association,and agent. 55r.(21) The term "pet" means any domesticated animal normally maintained in 4 1 or near the household(s) of the owner(s) thereof. 2s.(22) The term "pet food" means any commercial feed prepared and distrib- 3 uted for consumption by dogs and cats. 4 (23) The term "pharmaceutical" means any product prescribed for the treat- 5 ment or prevention of disease for veterinary purposes, including vaccines, 6 synthetic and natural hormones, anesthetics, stimulants or depressants. 7t.(24) The term "product name" means the name of the commercial feed which 8 identifies it as to kind, class,or specific use. 9u.(25) The term "purchase" includes taking by sale, discount, negotiation, 10 mortgage, pledge, lien, issue or reissue, gift or any other voluntary transac- 11 tion creating an interest in property. 12v.(26) The term "purchaser" means a person who takes by purchase. 13w.(27) The term "registrant" means that person, manufacturer, guarantor, 14 or distributor who registers a product or products according to the provisions 15 of section 25-271804, Idaho Code. 16x.(28) The term "sell" or "sale" includes exchange. 17y.(29) The term "specialty pet" means any domesticated animal pet normally 18 maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, 19 canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes 20 and turtles. 21z.(30) The term "specialty pet food" means any commercial feed prepared 22 and distributed for consumption by specialty pets. 23aa.(31) The term "ton" means a net weight of two thousand (2,000) pounds 24 avoirdupois. 25 (32) The term "tonnage-only distributor" means any person who assumes the 26 liability for inspection fees and reports as provided for in subsection (1) of 27 section 25-2706, Idaho Code. A tonnage-only distributor must file a completed 28 application with the department on forms provided by the director. A tonnage- 29 only distributor is subject to the provisions of section 25-2706, Idaho Code. 30 (33) The term "veterinary biologics" means any biologic product used for 31 veterinary purposes, including, but not limited to, antibiotics, 32 antiparasiticides, growth promotants and bioculture products. 33bb.(34) Words importing the singular number may extend and be applied to 34 several persons or things and words importing the plural may include the sin- 35 gular. 36 SECTION 4. That Section 25-2718, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 25-271804. REGISTRATION.a.(1) Eachtype ofcommercial feed except 39 customer-formula feed shall be registered annually by the person who manufac- 40 tures or distributes feed into or within the state of Idaho before being 41 offered for sale, sold, or otherwise distributed in or into this state. The 42 application for registration shall be submitted to the director on forms fur- 43 nished by the department of agriculture, and shall be accompanied by a nonre- 44 fundable fee of five dollars ($5.00), except that those feeds sold in packages 45 of ten (10) pounds or less shall be registered for a nonrefundable fee of 46 twenty-five dollars ($25.00), and shall also be accompanied by a label 47 describing the product, unless such label has not been altered since the last 48 registration of the product. A label shall continue in effect unless it is 49 canceled or changed by the registrant or unless canceled by the department of 50 agriculture pursuant to subsectiond(4) of this section. All fees paid to the 51 department of agriculture provided for in this section shall be paid to the 52 state treasury, and placed in the commercial feed and fertilizer fund. Upon 53 approval by the director a copy of the registration shall be furnished to the 5 1 applicant. All registrations expire on September 30 of each year. If an appli- 2 cation for registration renewal provided for in this section is not postmarked 3 before November 1 of any one (1) year, a penalty of ten dollars ($10.00) per 4 product shall be assessed and added to the original fee and shall be paid by 5 the applicant before the renewal registration is issued. 6b.(2) A distributor shall not be required to register anybrand ofcom- 7 mercial feed which is already registered under the provisions of this chapter 8 by another person provided the commercial feed is distributed in its original 9 package or container or, if the commercial feed is distributed in bulk, the 10 integrity of the original product is maintained and labeled with the regis- 11 trant's original label or a copy of the registrant's original label. 12c.(3) Changes in the guarantee of either chemical or ingredient composi- 13 tion of a commercial feed may be permitted provided satisfactory evidence is 14 submitted showing that such changes would not result in a lowering of the 15 feeding value of the product for the purpose for which designed. 16d.(4) The director is empowered to refuse registration of any application 17 not in compliance with all provisions of this chapter and to cancel any regis- 18 tration when it is subsequently found to be in violation of any provision of 19 this chapter or when the director has satisfactory evidence that the regis- 20 trant has used fraudulent or deceptive practices in attempted evasion of the 21 provisions of this chapter orregulationsrules thereunder. 22 Provided, however, that no registration shall be refused or canceled until 23 the registrant shall have been given opportunity tobe heard before the direc-24toramend their application within thirty (30) days of receipt of notice of 25 intent to refuse or cancel registration in order to comply with the require- 26 ments of this chapter or be given notice and opportunity for a hearing pursu- 27 ant to the Idaho administrative procedure act, chapter 52, title 67, Idaho 28 Code. 29 (5) Any person distributing commercial feed into or within Idaho to an 30 Idaho registrant or an Idaho tonnage-only distributor must be an Idaho regis- 31 trant or an Idaho tonnage-only distributor. 32 (6) If a product is found being offered for sale, sold, or otherwise dis- 33 tributed into or within Idaho prior to registration, the department is autho- 34 rized to assess a penalty of twenty-five dollars ($25.00) on each product in 35 addition to the annual registration fee as provided in this section. 36 SECTION 5. That Section 25-2719, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 25-271905. LABELING. A commercial feed shall be labeled as follows: 39a.(1) A commercial feed, except a customer-formula feed, offered for sale 40 or sold or otherwise distributed in this state in bags, barrels, or other con- 41 tainers shall have placed on or affixed to the container in written or printed 42 form, a label bearing the following information: 431.(a) A quantity statement specifying tThe net weight (may be stated 44 parenthetically in metric units in addition to the required avoirdupois), 45 or net volume (liquid or dry). If appropriate, unit count may be used. 462.(b) The product name and the brand name, if any, under which the com- 47 mercial feed is distributed. 483.(c) The guaranteed analysis stated in such terms as the director, by 49regulationrule, determines is required to advise the user of the composi- 50 tion of the feed or to support claims made in the labeling. In all cases 51 the substances or elements must be determinable by laboratory methods, 52 such as the methods published by the association of official analytical 53 chemists. 6 14.(d) The common or usual name of each ingredient used in the manufacture 2 of the commercial feed: provided that the director, byregulationrule, 3 may permit the use of a collective term for a group of ingredients which 4 perform a similar function, or the director may exempt such commercial 5 feeds, or any group thereof, from this requirement of an ingredient state- 6 ment if the director finds that such statement is not required in the 7 interest of consumers. 85.(e) The name and principal mailing address of the manufacturer or the 9 person responsible for distributing the commercial feed. 106.(f) Adequate directions for use for all commercial feeds containing 11 drugs and for such other feeds as the director may require, byregulation12 rule, as necessary for their safe and effective use. 137.(g) Such precautionary statements as the director, byregulationrule, 14 determines are necessary for the safe and effective use of the commercial 15 feed. 16b.(2) A customer-formula feed shall be accompanied by a label invoice, 17 delivery slip, or other shipping document bearing the following information: 181.(a) Name and address of the manufacturer. 192.(b) Name and address of the purchaser. 203.(c) Date of delivery. 214.(d) The product name and net weight (may be stated parenthetically in 22 metric units in addition to the required avoirdupois), net volume (liquid 23 or dry) of each commercial feed andthe guaranteed analysis, listing the24minimum percentage of crude protein, minimum percentage of crude fat, and25the maximum percentage of crude fiberother ingredients used in the mix- 26 ture. 275.(e) Adequate directions for use for all customer-formula feeds contain- 28 ing drugs and for such other feeds as the director may require, byregula-29tionrule, as necessary for their safe and effective use. 306.(f) The directions for use and precautionary statements as required by 31regulationrule. 327.(g) If a drug-containing product is used: 33 (i.) The purpose of the medication (claim statement). 34 (ii.) The established name of each active drug ingredient and the 35 level of each drug used in the final mixture expressed in accordance 36 withregulationrule. 37 SECTION 6. That Section 25-2720, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 25-27206. INSPECTION FEES AND REPORTS.a.(1) There shall be paid to the 40 department of agriculture for all commercial feeds distributed in this state, 41 an inspection fee at the rate of not more than twenty cents (20¢) per ton, by 42 the registrant except that a person other than the registrant, such as another 43 registrant or tonnage-only distributor, may assume liability for the inspec- 44 tion fee.Fees so collected shall be paid into the state treasury and placed45in the "Commercial Feed and Fertilizer Fund" and shall be used to pay the46costs of inspection, sampling, analysis, and other expenses necessary for the47administration of this chapter.Payment of inspection fees is subject to the 48 following: 491.(a) No fee shall be paid on a commercial feed if the payment has been 50 made by a previous distributor. 512.(b) No fee shall be paid on customer-formula feeds if the inspection 52 fee is paid on the commercial feeds which are used as ingredients therein. 533.(c) No fee shall be paid on commercial feeds which are used as ingredi- 7 1 ents for the manufacture of commercial feeds which are registered. If the 2 fee has already been paid, credit shall be given for such payment. 34.(d) No fee shall be paid on sSales of commercial feeds to manufacturers 4 or exchanges between themare hereby exemptedif the commercial feeds so 5 sold or exchanged are used solely in the manufacture of feeds which are 6 registered. 75.(e) In the case of a commercial feed which is distributed in the state 8 in packages of ten (10) pounds or less,ana nonrefundable annual regis- 9 tration fee of twenty-five dollars ($25.00) per product shall be paid in 10 lieu of an inspection fee. 116.(f) The minimum inspection fee shall be five dollars ($5.00) per quar- 12 ter. 13 (g) When more than one (1) person is involved in the distribution of a 14 commercial feed, the last registrant or tonnage-only distributor who has 15 distributed the commercial feed to a nonregistrant, dealer or consumer is 16 responsible for reporting the tonnage and paying the inspection fee, 17 unless the report and payment are made by a prior distributor of the com- 18 mercial feed. The registrant has the ultimate responsibility for the pay- 19 ment of inspection fees. 20 (h) In the case of food production waste, except commercial feeds 21 excluded in subsection (3) of section 25-2703, Idaho Code, containing more 22 than fifty percent (50%) moisture distributed without further processing, 23 the inspection fee shall be five cents (5¢) per ton. 24b.(2) Payment of the inspection fee shall be evidenced by a statement 25 made under oath in due form of law, of commercial feed distributed together 26 with documents, as prescribed by the director, showing that fees corresponding 27 to the tonnage were received by the director. Every person required to regis- 28 ter in accordance with section 25-271804, Idaho Code, shall: 291.(a) File, not later than the last day of January, April, July,and 30 October of each year, a quarterly statement under oath, setting forth the 31 number of net tons of commercial feeds distributed in this state during 32 the preceding three (3) month period; and upon filing such statement shall 33 pay the inspection fee at the rate stated inparagraph asubsection (1) of 34 this section. 352.(b) Keep such records as may be necessary or required by the director 36 to indicate accurately the tonnage of commercial feed distributed in this 37 state and the director shall have the right to examine and copy such 38 records to verify statements of tonnage. 393.(c) Inspection fees which are due and owing and have not been remitted 40 to the departmentwithin thirty (30) days following the due dateby the 41 last day of January, April, July or October of each year shall have a late 42 collection fee of ten percent (10%), but not less than twenty-five dollars 43 ($25.00), added to the amount due when payment is finally made. The 44 assessment of this late collection fee shall not prevent the director from 45 taking any other action as provided for in this chapter. Failure to make 46 an accurate statement of tonnage or to pay the inspection fee or comply as 47 provided herein shall constitute sufficient cause for the cancellation of 48 all registrations on file for the distributor. 49 (3) The registrant or tonnage-only distributor distributing or selling 50 feed or feed ingredients to a nonregistrant or consumer shall furnish to the 51 department a report showing the amount, in tons, of each feed. In the case of 52 feed sold to an intermediate distributor, the registrant, tonnage-only dis- 53 tributor or distributor shall list the name, address, telephone number and 54 amount, in tons, of each feed product sold to each intermediate distributor. 55 Information furnished to the department under this section is exempt from dis- 8 1 closure under subsection (1) or (2) of section 9-340D, Idaho Code, if the dis- 2 closure would divulge the operation of any person. 3 SECTION 7. That Section 25-2721, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 25-272107. ADULTERATION. No person shall distribute an adulterated com- 6 mercial feed. A commercial feed shall be deemed to be adulterated: 7a.(1) If it bears or contains any poisonous or deleterious substance 8 which may render it injurious to health, but in case the substance is not an 9 added substance, such commercial feed shall not be considered adulterated 10 under the provisions of this subsection if the quantity of such substance in 11 such commercial feed does not ordinarily render it injurious to health. 12b.(2) If it bears or contains any added poisonous, added deleterious, or 13 added nonnutritive substance which is unsafe within the meaning of section 406 14 of the federal food, drug, and cosmetic act, as amended, and regulations 15 adopted thereunder other than one which is: 161.(a) A pesticide chemical in or on a raw agricultural commodity; or 172.(b) A food additive. 18c.(3) If it is, or it bears or contains any food additive which is unsafe 19 within the meaning of section 409 of the federal food, drug, and cosmetic act, 20 as amended, and regulations adopted thereunder. 21d.(4) If it is a raw agricultural commodity and it bears or contains a 22 pesticide chemical which is unsafe within the meaning of section 408(a) of the 23 federal food, drug and cosmetic act, as amended, and regulations adopted 24 thereunder; provided that where a pesticide chemical has been used in or on a 25 raw agricultural commodity in conformity with an exemption granted or a toler- 26 ance prescribed under section 408 of the federal food, drug, and cosmetic act, 27 as amended, and regulations adopted thereunder, and such raw agricultural com- 28 modity has been subjected to processing such as canning, cooking, freezing, 29 dehydrating, or milling, the residue of such pesticide chemical remaining in 30 or on such processed feed shall not be deemed unsafe if such residue in or on 31 the raw agricultural commodity has been removed to the extent possible in good 32 manufacturing practice and the concentration of such residue in the processed 33 feed is not greater than the tolerance prescribed for the raw agricultural 34 commodity unless the feeding of such processed feed will result or is likely 35 to result in a pesticide residue in the edible product of the animal, which is 36 unsafe within the meaning of section 408(a) of the federal food, drug, and 37 cosmetic act, as amended, and regulations adopted thereunder. 38e.(5) If it is, or it bears or contains any color additive which is 39 unsafe within the meaning of section 70621 of the federal food, drug and cos- 40 metic act, as amended, and regulations adopted thereunder. 41f.(6) If it is, or it bears or contains any new animal drug which is 42 unsafe within the meaning of section 512 of the federal food, drug and cos- 43 metic act, as amended, and regulations adopted thereunder. 44g.(7) If any valuable constituent has been in whole or part omitted or 45 abstracted therefrom or any less valuable substance substituted therefor. 46h.(8) If its composition or quality falls below or differs from that 47 which it is purported or is represented to possess by its labeling. 48i.(9) If it contains added hulls, screenings, straw, cobs, or other high 49 fiber material unless the name of each such material is clearly and promi- 50 nently stated on the label. 51j.(10) If it contains a drug and the methods used in or the facilities or 52 controls used for its manufacture, processing or packaging do not conform to 53 current good manufacturing practice regulations promulgated by the director to 9 1 assure that the drug meets the requirements of this chapter as to safety. In 2 promulgating such regulations, the director shall adopt the current good manu- 3 facturing practice regulations for type A medicated articles and type B and 4 type C medicated feeds established under authority of the federal food, drug, 5 and cosmetic act, unless the director determines that they are not appropriate 6 to the conditions which exist in this state. 7k.(11) If it contains viable noxious weed seeds or other weed seeds in 8 amounts exceeding the limits which the director shall establish by rule.or9regulation.10 (12) If it consists, in whole or in part, of any filthy, putrid, or decom- 11 posed substance, or if it is otherwise unfit for feed. 12 (13) If it has been prepared, packed, or held under unsanitary conditions 13 whereby it may have become contaminated with filth, or whereby it may have 14 been rendered injurious to health. 15 (14) If it is, in whole or in part, the product of a diseased animal or of 16 an animal which has died otherwise than by slaughter which is unsafe within 17 the meaning of section 409 of the federal food, drug, and cosmetic act, as 18 amended, and regulations adopted thereunder. 19 (15) If its container is composed, in whole or in part, of any poisonous 20 or deleterious substances which may render the contents injurious to health. 21 (16) If it has been intentionally subjected to radiation, unless the use 22 of the radiation was in conformity with the regulation or exemption in effect 23 pursuant to section 409 of the federal food, drug, and cosmetic act, as 24 amended, and regulations adopted thereunder. 25 SECTION 8. That Section 25-2722, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 25-272208. MISBRANDING. No person shall distribute misbranded feed. A 28 commercial feed shall be deemed to be misbranded: 29a.(1) If its labelingisor advertisements are false or misleading in any 30 particular. 31b.(2) If it is distributed under the name of another feed. 32c.(3) If its container is not labeled as required in section 25-271905, 33 Idaho Code, and inregulationsrules prescribed under this chapter. 34d.(4) If it purports to be, or is represented as, a commercial feed, or 35 if it purports to contain or is represented as containing a commercial feed 36 ingredient, unless such commercial feed or feed ingredient conforms to the 37 definition, if any, prescribed byregulationrule by the director. 38e.(5) If any word, statement, or other information required by or under 39 authority of this chapter to appear on the label or labeling is not promi- 40 nently placed thereon with such conspicuousness (as compared with other 41 words, statements, designs or devices, in the labeling) and in such terms as 42 to render it likely to be read and understood by the ordinary individual under 43 customary conditions of purchase and use. 44f.(6) If it purports to be or is represented for special dietary uses, 45 unless its label bears such information concerning its vitamin, mineral, and 46 other dietary properties as thecommissionerdirector determines to be, and by 47regulationsrules prescribes as necessary in order fully to inform purchasers 48 as to its value for such uses. 49 SECTION 9. That Section 25-2723, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 25-272309. INSPECTION, SAMPLING, ANALYSIS.a.(1) For the purpose of 10 1 enforcement of this chapter, and in order to determine whether its provisions 2 have been complied with, including whether or not any operations may be sub- 3 ject to such provisions, officers or employees duly designated by the director 4 upon presenting appropriate credentials, to the owner, operator, or agent in 5 charge, are authorized: 6 (1a) To enter, during normal business hours, any factory, warehouse, or 7 establishment within the state in which commercial feeds are manufactured, 8 processed, packed, or held for distribution, or to enter any vehicle being 9 used to transport or hold such feeds, and 10 (2b) To inspect, at reasonable times and within reasonable limits and in 11 a reasonable manner, such factory, warehouse, establishment or vehicle and 12 all pertinent equipment, finished and unfinished materials, containers, 13 and labeling therein. 14 The inspection may include the verification of only such records, and produc- 15 tion and control procedures as may be necessary to determine compliance with 16 the good manufacturing practice regulations established under the provisions 17 of this chapter. Each inspection shall be commenced and completed with rea- 18 sonable promptness. Upon completion of the inspection, the person in charge 19 of the facility or vehicle shall be so notified. 20b.(2) Sampling and analysis shall be conducted in accordance with methods 21 published by the association of official analytical chemists, or in accordance 22 with other generally recognized methods. 23c.(3) The director, in determining for administrative purposes whether a 24 commercial feed is deficient in any component, shall be guided by the official 25 sample as defined inparagraph (o)subsection (18) of section 25-271703, Idaho 26 Code, and obtained and analyzed as provided for insection 25-2723, Idaho Code27 this section. 28d.(4) If the owner of any factory, warehouse, or establishment described 29 in subsectiona(1) of this section, or authorized agent, refuses to admit the 30 director or an authorized agent to inspect in accordance with subsectionsa(1) 31 ande(5) of this section, the director is authorized to obtain from any state 32 court of competent jurisdiction a warrant directing such owner or agent to 33 submit the premises described in such warrant to inspection. 34e.(5) For the enforcement of this chapter, the director or a duly autho- 35 rized agent is authorized to enter upon any public or private premises includ- 36 ing any vehicle of transport during regular business hours to have access to, 37 and to obtain samples, and to examine and make copies of records relating to 38 distribution of commercial feeds. 39f.(6) The results of all analyses of official samples shall be forwarded 40 by the director to the registrant and to the purchaser. When the inspection 41 and analysis of an official sample indicate a commercial feed has been adul- 42 terated or misbranded and upon request by the registrant or purchaser within 43 thirty (30) days following the receipt of the analysis the director shall fur- 44 nish to the registrant a portion of the sample concerned. 45 SECTION 10. That Section 25-2724, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 25-272410.REGULATIONSRULES, STANDARDS, DEFINITIONS. The director is 48 hereby charged with the enforcement of thisactchapter, and after due public- 49 ity and due public hearing is empowered to promulgate and adopt such reason- 50 able rulesand regulationsas may be necessary to carry into effect the full 51 intent and meaning of thisactchapter, including the establishment of fees 52 for services. The director is hereby empowered to adoptregulationsrules 53 establishing definitions for commercial feeds and such otherregulationsrules 11 1 as may be necessary for the enforcement of any provision of thisactchapter. 2 SECTION 11. That Section 25-2725, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 25-272511.DETAINED COMMERCIAL FEEDS"STOP SALE, USE, OR REMOVAL" ORDERS. 5a. "Withdrawal from sale or distribution" order. When the director or an6authorized agent has reasonable cause to believe a commercial feed is being7distributed in violation of any of the provisions of this chapter or of any of8the prescribed regulations under this chapter, the director may issue and9enforce a written or printed "withdrawal from sale or distribution" order10warning the distributor not to dispose of the feed in any manner until written11permission is given by the director or the court. The director shall release12the commercial feed so withdrawn when the provisions and regulations have been13complied with and all costs and expenses incurred in the withdrawal have been14paid. If compliance is not obtained within thirty (30) days, the director15shall begin proceedings for condemnation.(1) In the event the department 16 finds that commercial feed is being offered for sale in violation of this 17 chapter or rules promulgated under this chapter, the department may issue and 18 enforce a written or printed "stop sale, use, or removal" order to the dis- 19 tributor, owner or custodian of the commercial feed and hold the commercial 20 feed, or order it held, at a designated place until the law has been complied 21 with and the commercial feed is released in writing by the department, or the 22 violation has been otherwise legally disposed of by written authority. Unless 23 the department grants a written extension, the owner or custodian of any com- 24 mercial feed that has been issued a "stop sale, use, or removal" order shall 25 remedy the violation within thirty (30) days. The department shall release the 26 commercial feed so withdrawn when the requirements of this chapter have been 27 complied with and all costs and expenses incurred in connection with the with- 28 drawal have been paid. 29b.(2)Condemnation and confiscation.Any lot of commercial feed not in 30 compliance with the provisions of this chapter, or rules promulgated under 31 this chapter, shall be subject to seizure on complaint of the director to a 32 court of competent jurisdiction in the area in which said commercial feed is 33 located. In the event the court finds the said commercial feed to be in viola- 34 tion of the provisions of this chapter and orders the condemnation of said 35 commercial feed, it shall be disposed of in any manner consistent with the 36 quality of the commercial feed and the laws of the state: provided, that in no 37 instance shall the disposition of said commercial feed be ordered by the 38 court without first giving the claimant an opportunity to apply to the court 39 for release of said commercial feed or for permission to process or relabel 40 said commercial feed to bring it into compliance with the provisions of this 41 chapter. 42 SECTION 12. That Chapter 27, Title 25, Idaho Code, be, and the same is 43 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 44 ignated as Section 25-2712, Idaho Code, and to read as follows: 45 25-2712. PROHIBITED ACTS. Acts including, but not limited to, the follow- 46 ing acts and the causing thereof within the state of Idaho are hereby prohib- 47 ited: 48 (1) The manufacture or distribution of any commercial feed that is adul- 49 terated or misbranded. 50 (2) The adulteration or misbranding of any commercial feed. 51 (3) The distribution of agricultural commodities such as whole seed, hay, 12 1 straw, stover, silage, cobs, husks, and hulls which are adulterated within the 2 meaning of section 25-2707, Idaho Code. 3 (4) The failure or refusal to register products in accordance with the 4 provisions of section 25-2704, Idaho Code. 5 (5) The failure to label products in accordance with the provisions of 6 section 25-2705, Idaho Code. 7 (6) The failure to pay inspection fees and file reports as required by 8 section 25-2706, Idaho Code. 9 (7) The reuse of bags or totes used for commercial feeds, including cus- 10 tomer formula feeds, that are not appropriately cleaned. A person that intends 11 to reuse bags or totes must document their cleanout procedures. 12 (8) The removal or disposal of a commercial feed in violation of an order 13 under section 25-2711, Idaho Code. 14 SECTION 13. That Section 25-2726, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 25-272613. PENALTIES FOR VIOLATIONS.a.(1) Any person convicted of vio- 17 lating any of the provisions of this chapter, or the rulesand regulations18issued thereunderpromulgated under this chapter, or who shall impede, 19 obstruct, hinder, or otherwise prevent or attempt to prevent said director or 20 a duly authorized agent in performance of their duty in connection with the 21 provisions of this chapter, shall be adjudged guilty of a misdemeanor and 22 shall be fined not more than five hundred dollars ($500) for the first viola- 23 tion, and not more than one thousand five hundred dollars ($1,500) for a sub- 24 sequent violation. In all prosecutions under the provisions of this chapter 25 involving the composition of a lot of commercial feed, a certified copy of the 26 official analysis signed by the director shall be accepted as prima facie evi- 27 dence of the composition. 28b.(2) Any person who violates or fails to comply with any of the provi- 29 sions of this chapter or anyregulationsrules promulgated under this chapter 30 may be assessed a civil penalty by the department or its duly authorized agent 31 of not more thanfive hundredten thousand dollars ($510,000) for each offense 32 and shall be liable for reasonable attorney's fees. Assessment of a civil 33 penalty may be made in conjunction with any other department administrative 34 action. No civil penalty may be assessed unless the person charged was given 35 notice and opportunity for a hearing pursuant to the Idaho administrative pro- 36 cedure act, chapter 52, title 67, Idaho Code. If the director is unable to 37 collect such penalty or if any person fails to pay all or a set portion of the 38 civil penalty as determined by the department, it may recover such amount by 39 action in the appropriate district court. Any person against whom the director 40 has assessed a civil penalty under the provisions of this section may, within 41 thirty (30) days of the final action by the agency making the assessment, 42 appeal the assessment to the district court of the county in which the viola- 43 tion is alleged by the department to have occurred. Moneys collected for 44 violation of a ruleor regulationshall be remitted to the feed and fertilizer 45 account. 46c.(3) Nothing in this chapter shall be construed as requiring the direc- 47 tor or a duly authorized representative to report for prosecution or for the 48 institution of seizure proceedings as a result of minor violations of theact49 chapter when the director believes that the public interest will be best 50 served by a suitable notice of warning in writing. 51d.(4) It shall be the duty of each prosecuting attorney to whom any 52 violation is reported to cause appropriate proceedings to be instituted and 53 prosecuted in a court of competent jurisdiction without delay. Before the 13 1 director reports a violation for such prosecution, an opportunity shall be 2 given the distributor to present his view to the director. 3e.(5) The director is hereby authorized to apply for and the court to 4 grant a temporary or permanent injunction restraining any person from violat- 5 ing or continuing to violate any of the provisions of this chapter or any 6 rulesor regulationpromulgated underthethis chapter notwithstanding the 7 existence of other remedies at law. Said injunction to be issued without bond. 8 SECTION 14. That Section 25-2727, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 25-272714. PUBLICATIONS. The director shall publish at least annually, in 11 such forms as he may deem proper, information concerning the sales of commer- 12 cial feeds, together with such data on their production and use as he may con- 13 sider advisable, and a report of the results of the analyses of official sam- 14 ples of commercial feeds sold within the state as compared with the analyses 15 guaranteed in the registration and on the label; provided, however, that the 16 information concerning production and use of commercial feeds shall not dis- 17 close the operations of any person and the information shall be subject to 18 disclosure according to chapter 3, title 9, Idaho Code. 19 SECTION 15. That Section 25-2728, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 25-272815. COOPERATION WITH OTHER ENTITIES. The director may cooperate 22 with and enter into agreements with governmental agencies of this state, other 23 states, agencies of the federal government, private associations, and commer- 24 cial feed manufacturers in order to carry out the purpose and provisions of 25 this chapter. 26 SECTION 16. That Chapter 27, Title 25, Idaho Code, be, and the same is 27 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 28 ignated as Section 25-2716, Idaho Code, and to read as follows: 29 25-2716. SEVERABILITY. The provisions of this act are hereby declared to 30 be severable and if any provision of this act or the application of such pro- 31 vision to any person or circumstance is declared invalid for any reason, such 32 declaration shall not affect the validity of the remaining portions of this 33 act. 34 SECTION 17. That Chapter 27, Title 25, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 36 ignated as Section 25-2717, Idaho Code, and to read as follows: 37 25-2717. USE OF FUNDS RECEIVED. All moneys received by the director from 38 the enforcement of this chapter including, but not limited to, registration of 39 feeds or feed ingredients, inspection fees and moneys collected for 40 violation(s) of this chapter or rules promulgated under this chapter, shall be 41 paid into the state treasury and placed in the "commercial feed and fertilizer 42 fund." Moneys in the commercial feed and fertilizer fund are continuously 43 appropriated for the purposes of carrying out the provisions of this chapter.
STATEMENT OF PURPOSE RS 15418C3 The current law is in need of revision to bring it up-to-date with the Association of American Feed Control Officials uniform code and resolve some house keeping issues. The current code has not undergone a major revision since 1993. The current code will be renumbered and re-organized. Items such as single ingredient minerals, high moisture food processing waste, live or whole animals, and animal remedies will be exempted from registration under the law. Several new definitions will be added. Registration fees will be made non-refundable which would be consistent with the current Fertilizer and Soil and Plant Amendment laws. Penalties for the distribution of unregistered product and late renewal submission will be adopted. The civil penalty authority will be made consistent with most other laws in the Department. New sections will be added addressing severability, rules, wholesale trade, and disposition of funds received. FISCAL IMPACT No registration fee or inspection (tonnage fee) will be increased. The over all fiscal impact is expected to net approximately $29,000 due to non-refundable registration fees, penalties for late renewals, and the distributing unregistered products. This amount is expected to decrease over time as better registration compliance and compliance with the renewal deadline is achieved. These penalties are consistent with those in Fertilizer and Soil and Plant Amendment laws passed by the legislature a few years ago. Revenue from the establishment of a tonnage only registrant category and the .05 cent tonnage fee for high moisture food product wastes will be minimal, probably less that $5,000 over time. The increase in the Civil Penalty from $500 to $10,000 will achieve consistency with a number of other laws within the Department and will be implemented though the development of a penalty matrix in rule. Contact Name: Michael E. Cooper, Rick Killebrew Idaho State Department of Agriculture Phone: 332-8620 STATEMENT OF PURPOSE/FISCAL NOTE H 465