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S1067aa.............................................by AGRICULTURAL AFFAIRS
DAIRY FARMS - Amends existing law to provide that new or expanding dairy
farms shall present a certified letter that the dairy farm complies with
applicable county livestock ordinances and certain evidence of adequate
water supply or an application for adequate water supply to the director of
the Department of Agriculture prior to issuance of a permit to sell milk
for human consumption.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Agric Aff
03/08 Rpt out - to 14th Ord
03/12 Rpt out amen - to engros
03/13 Rpt engros - 1st rdg - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/15 3rd rdg as amen - PASSED - 32-0-3
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ipsen, Keough, King-Barrutia, Lee, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stennett,
Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Davis, Ingram, Stegner
Floor Sponsor -- Stennett
Title apvd - to House
03/19 House intro - 1st rdg - to Agric Aff
03/21 Rpt out - rec d/p - to 2nd rdg as amen
03/22 2nd rdg - to 3rd rdg as amen
03/26 3rd rdg as amen - PASSED - 57-3-10
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
Deal, Ellsworth, Field(13), Field(20), Gould, Hadley, Hammond,
Hansen, Harwood, Henbest(Farley), Higgins, Jaquet, Jones, Kellogg,
Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Trail, Wood, Mr. Speaker
NAYS -- Barrett, Hornbeck, McKague
Absent and excused -- Denney, Ellis, Eskridge, Gagner, Meyer,
Pischner, Stone, Tilman, Wheeler, Young
Floor Sponsor -- Stevenson
Title apvd - to Senate
03/28 To enrol
Rpt enrol - Pres signed
03/29 Sp signed - to Governor
04/11 Governor signed
Session Law Chapter 388
Effective: 04/11/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1067
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DAIRY FARMS; AMENDING SECTION 37-401, IDAHO CODE, TO PROVIDE THAT
3 NEW OR EXPANDING DAIRY FARMS SHALL PRESENT EVIDENCE OF ADEQUATE WATER
4 SUPPLY OR AN APPLICATION FOR ADEQUATE WATER SUPPLY TO THE DIRECTOR OF THE
5 DEPARTMENT OF AGRICULTURE PRIOR TO ISSUANCE OR RENEWAL OF A PERMIT TO SELL
6 MILK FOR HUMAN CONSUMPTION, TO REQUIRE THE PRESENTATION OF EVIDENCE OF
7 ADEQUATE WATER SUPPLY TO THE APPLICABLE LOCAL PLANNING AND ZONING AUTHOR-
8 ITY, TO REQUIRE EVIDENCE OF ADEQUATE WATER SUPPLY FOR THE ISSUANCE OR
9 RENEWAL OF LOCAL SITING PERMITS, TO REQUIRE THAT NEW OR EXPANDING DAIRY
10 FARMS POSSESS A LOCAL SITING PERMIT PRIOR TO ISSUANCE OF A PERMIT FOR THE
11 SALE OF MILK FOR HUMAN CONSUMPTION, TO PROVIDE THAT THE PLANNING AUTHORITY
12 SHALL DETERMINE WHETHER A DAIRY FARM FAILS TO MEET THE REQUIREMENTS OF A
13 SITING PERMIT AND SHALL PROVIDE NOTICE TO THE DIRECTOR OF SUCH FAILURE, TO
14 PROVIDE THAT THE DIRECTOR SHALL REVOKE A PERMIT AUTHORIZING THE SALE OF
15 MILK FOR HUMAN CONSUMPTION IF A NEW OR EXPANDING DAIRY FARM FAILS TO MEET
16 THE REQUIREMENTS OF A SITING PERMIT AND TO DEFINE TERMS; AND DECLARING AN
17 EMERGENCY.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Section 37-401, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 37-401. INSPECTIONS, EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
22 -- DAIRY FARMS -- NUTRIENT MANAGEMENT PLANS REQUIRED -- EVIDENCE OF ADEQUATE
23 WATER REQUIRED. (1) The director of the department of agriculture is hereby
24 authorized and directed to designate any agent to inspect, examine and test
25 any or all dairy products in accordance with rules as the department may pre-
26 scribe; and to ascertain and certify the grade, classification, quality or
27 sanitary condition thereof and other pertinent facts as the department may
28 require. The director or agent of the department of agriculture of the state
29 of Idaho shall make sanitary inspection of milk, cream, butter and dairy prod-
30 ucts of any kind whatsoever, intended for human consumption, and of contain-
31 ers, utensils, equipment, buildings, premises or anything whatsoever employed
32 in the production, handling, storing, processing or manufacturing of dairy
33 products or that would affect the purity of the products. Inspections, exami-
34 nations and tests shall be made to meet the requirements of the laws of the
35 state and of the United States for the sale of the products or their transpor-
36 tation in both intrastate and interstate commerce. Any agent designated by the
37 director to make inspections shall have the right for that purpose to enter
38 any premises and buildings where milk, cream, butter or dairy products shall
39 be produced, stored, processed or manufactured. Acting in accord with rules of
40 the department, the director or agent of the department shall review plans and
41 specifications for construction of new, modified or expanded waste systems and
42 inspect any dairy farm to ascertain and certify sanitary conditions, waste
43 systems and milk quality.
2
1 (2) The director or agent shall issue a permit authorizing the sale of
2 milk for human consumption to all dairy farms that meet the requirements of
3 this chapter, and rules promulgated pursuant to this chapter.
4 (3) All dairy farms shall have a nutrient management plan approved by the
5 department. Existing dairy farms shall submit a nutrient management plan to
6 the department on or before July 1, 2001. Any new dairy farms or dairy farms
7 that change owners or operators shall have an approved nutrient management
8 plan on file with the department prior to the issuance of the milk permit for
9 that dairy. The nutrient management plan shall be implemented upon approval of
10 the plan by the department.
11 (4) (a) The director or his agent may issue or renew a permit to sell
12 milk for human consumption to a new or expanding dairy farm only upon pre-
13 sentation to the director by the new or expanding dairy farm of:
14 (i) Evidence that a valid water right exists to supply adequate
15 water for the new or expanding dairy farm;
16 (ii) A copy of an application for a permit to appropriate water that
17 has been filed with the Idaho department of water resources and
18 which, if approved, will supply adequate water for the dairy farm; or
19 (iii) A copy of an application to change the point of diversion,
20 place, period and nature of use of an existing water right that has
21 been filed with the Idaho department of water resources and which, if
22 approved, will supply adequate water for the dairy farm.
23 (b) Evidence or applications required pursuant to subsection (a) of this
24 section shall also be presented to the applicable local planning and zon-
25 ing authority (hereinafter referred to as planning authority) at the time
26 a new dairy farm is constructed or an expanding dairy farm increases its
27 existing animal units.
28 (5) (a) Evidence of adequate water as described in subsection (4) of this
29 section is a required component of any siting permit required to be
30 obtained from a planning authority. The planning authority may deny, sus-
31 pend or revoke a siting permit upon the failure of a new or expanding
32 dairy farm to satisfy such requirement.
33 (b) A new or expanding dairy farm required to have a siting permit from a
34 planning authority must have in its possession a valid and effective local
35 siting permit before the director or his agent may issue a permit for the
36 sale of milk for human consumption to the new or expanding dairy farm.
37 (c) If the planning authority issuing the siting permit determines, fol-
38 lowing notice and an opportunity for the owner or operator of the dairy
39 farm to be heard, that the new or expanding dairy farm has failed to meet
40 the requirements of the siting permit, and if the requirements of the sit-
41 ing permit are not met to the satisfaction of the planning authority
42 within ninety (90) days of such notice or opportunity, whichever is later,
43 the planning authority shall provide written notification to the director,
44 and the director or his agent shall revoke the permit authorizing the sale
45 of milk for human consumption.
46 (6) As used in this section:
47 (a) "Animal units" shall be as defined in rule by the director.
48 (b) "Expanding dairy farm" means an existing dairy farm that increases
49 its existing animal units after the effective date of this act.
50 (c) "New dairy farm" means a dairy farm constructed after the effective
51 date of this act.
52 SECTION 2. An emergency existing therefor, which emergency is hereby
53 declared to exist, this act shall be in full force and effect on and after its
54 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Stennett
Seconded by Noh
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1067
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 22, following "REQUIRED --" insert:
3 "CERTAIN"; also in line 22, delete "OF ADEQUATE"; in line 23, delete "WATER".
4 On page 2, in line 11, delete "(a)"; also in line 11, delete "or renew";
5 following line 13, insert:
6 "(a) A certified letter, supplied by the board of county commissioners,
7 certifying the new or expanding dairy farm's compliance with applicable
8 county livestock ordinances; and";
9 in line 14, delete "(i)" and insert: "(b)"; in line 15, following "farm;"
10 insert: "or"; in line 16, delete "(ii)" and insert: "(c)"; in line 19, delete
11 "(iii)" and insert: "(d)"; delete lines 23 through 45; in line 46, delete
12 "(6)" and insert: "(5)"; in line 48, following "existing" insert: ", legally
13 permitted"; also in line 48, following "increases" insert: ", or applies to
14 increase,"; and in line 49, delete "after the effective date of this act" and
15 insert: "beyond the number for which it is permitted under applicable county
16 livestock ordinances or increases, or applies to increase, the waste contain-
17 ment system".
18 CORRECTIONS TO TITLE
19 On page 1, in line 3, following "PRESENT" insert: "A CERTIFIED LETTER THAT
20 THE DAIRY FARM COMPLIES WITH APPLICABLE COUNTY LIVESTOCK ORDINANCES AND CER-
21 TAIN"; in line 5, delete "OR RENEWAL"; in line 6, delete ", TO REQUIRE THE
22 PRESENTATION OF EVIDENCE OF"; delete lines 7 through 15; and in line 16,
23 delete "THE REQUIREMENTS OF A SITING PERMIT".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1067, As Amended
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DAIRY FARMS; AMENDING SECTION 37-401, IDAHO CODE, TO PROVIDE THAT
3 NEW OR EXPANDING DAIRY FARMS SHALL PRESENT A CERTIFIED LETTER THAT THE
4 DAIRY FARM COMPLIES WITH APPLICABLE COUNTY LIVESTOCK ORDINANCES AND CER-
5 TAIN EVIDENCE OF ADEQUATE WATER SUPPLY OR AN APPLICATION FOR ADEQUATE
6 WATER SUPPLY TO THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE PRIOR TO
7 ISSUANCE OF A PERMIT TO SELL MILK FOR HUMAN CONSUMPTION AND TO DEFINE
8 TERMS; AND DECLARING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 37-401, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 37-401. INSPECTIONS, EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
13 -- DAIRY FARMS -- NUTRIENT MANAGEMENT PLANS REQUIRED -- CERTAIN EVIDENCE
14 REQUIRED. (1) The director of the department of agriculture is hereby autho-
15 rized and directed to designate any agent to inspect, examine and test any or
16 all dairy products in accordance with rules as the department may prescribe;
17 and to ascertain and certify the grade, classification, quality or sanitary
18 condition thereof and other pertinent facts as the department may require. The
19 director or agent of the department of agriculture of the state of Idaho shall
20 make sanitary inspection of milk, cream, butter and dairy products of any kind
21 whatsoever, intended for human consumption, and of containers, utensils,
22 equipment, buildings, premises or anything whatsoever employed in the produc-
23 tion, handling, storing, processing or manufacturing of dairy products or that
24 would affect the purity of the products. Inspections, examinations and tests
25 shall be made to meet the requirements of the laws of the state and of the
26 United States for the sale of the products or their transportation in both
27 intrastate and interstate commerce. Any agent designated by the director to
28 make inspections shall have the right for that purpose to enter any premises
29 and buildings where milk, cream, butter or dairy products shall be produced,
30 stored, processed or manufactured. Acting in accord with rules of the depart-
31 ment, the director or agent of the department shall review plans and specifi-
32 cations for construction of new, modified or expanded waste systems and
33 inspect any dairy farm to ascertain and certify sanitary conditions, waste
34 systems and milk quality.
35 (2) The director or agent shall issue a permit authorizing the sale of
36 milk for human consumption to all dairy farms that meet the requirements of
37 this chapter, and rules promulgated pursuant to this chapter.
38 (3) All dairy farms shall have a nutrient management plan approved by the
39 department. Existing dairy farms shall submit a nutrient management plan to
40 the department on or before July 1, 2001. Any new dairy farms or dairy farms
41 that change owners or operators shall have an approved nutrient management
42 plan on file with the department prior to the issuance of the milk permit for
43 that dairy. The nutrient management plan shall be implemented upon approval of
2
1 the plan by the department.
2 (4) The director or his agent may issue a permit to sell milk for human
3 consumption to a new or expanding dairy farm only upon presentation to the
4 director by the new or expanding dairy farm of:
5 (a) A certified letter, supplied by the board of county commissioners,
6 certifying the new or expanding dairy farm's compliance with applicable
7 county livestock ordinances; and
8 (b) Evidence that a valid water right exists to supply adequate water for
9 the new or expanding dairy farm; or
10 (c) A copy of an application for a permit to appropriate water that has
11 been filed with the Idaho department of water resources and which, if
12 approved, will supply adequate water for the dairy farm; or
13 (d) A copy of an application to change the point of diversion, place,
14 period and nature of use of an existing water right that has been filed
15 with the Idaho department of water resources and which, if approved, will
16 supply adequate water for the dairy farm.
17 (5) As used in this section:
18 (a) "Animal units" shall be as defined in rule by the director.
19 (b) "Expanding dairy farm" means an existing, legally permitted dairy
20 farm that increases, or applies to increase, its existing animal units
21 beyond the number for which it is permitted under applicable county live-
22 stock ordinances or increases, or applies to increase, the waste contain-
23 ment system.
24 (c) "New dairy farm" means a dairy farm constructed after the effective
25 date of this act.
26 SECTION 2. An emergency existing therefor, which emergency is hereby
27 declared to exist, this act shall be in full force and effect on and after its
28 passage and approval.
STATEMENT OF PURPOSE
RS 10934C1
This measure will require new and expanding dairy farms to
obtain a planning and zoning siting permit and valid water permit
prior to being issued a permit from the Department of Agriculture
to sell milk for human consumption.
Further, dairy farms must maintain compliance with the
siting and water permit to continue to sell milk for human
consumption.
FISCAL IMPACT
The Department of Agriculture is currently enforcing the
nutrient management plans for dairy farms through inspections;
therefore, there should be no additional cost.
Contact
Name: Sen. Clint Stennett
Phone: (208) 332-1351
Rep. Wendy Jaquet
(208) 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE S 1067