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S1144aa,aa..........................................by AGRICULTURAL AFFAIRS DAIRY FARMS - Amends existing law to require the Department of Agriculture to provide a copy of the nutrient management plan to the board of county commissioners of the county in which the dairy farm is located; to provide for bovine animal unit count reports; to provide for verification of the reports by the inspection of the county or Department of Agriculture; to provide for public disclosure of certain records; and to require the Department of Agriculture to provide copies of all findings, conclusions and reports resulting from certain examinations and inspections to the board of county commissioners of the county in which the dairy farm is located, if requested by the county commissioners. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Agric Aff 02/20 Rpt out - to 14th Ord 02/22 Rpt out amen - to engros 02/23 Rpt engros - 1st rdg - to 2nd rdg as amen 02/26 2nd rdg - to 3rd rdg as amen 03/02 3rd rdg as amen - Referred to 14th Ord 03/08 Rpt out amen - to engros 03/09 Rpt engros - 1st rdg - to 2nd rdg as amen 03/12 2nd rdg - to 3rd rdg as amen 03/13 3rd rdg as amen - FAILED - 14-19-2 AYES--Andreason, Bunderson, Cameron, Danielson, Dunklin, Hawkins, Noh, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Whitworth NAYS-- Boatright, Branch(Bartlett), Brandt, Burtenshaw, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Ingram, Keough, King-Barrutia, Lee, Lodge, Richardson, Thorne, Wheeler, Williams Absent and excused--Ipsen, Sims Floor Sponsor -- Sandy Filed w/ Office of the Secretary of the Senate
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1144 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SANITARY INSPECTION OF DAIRY PRODUCTS; AMENDING SECTION 37-401, 3 IDAHO CODE, TO PROVIDE FOR REPORTS, TO REQUIRE THE DEPARTMENT OF AGRICUL- 4 TURE TO PROVIDE A COPY OF THE NUTRIENT MANAGEMENT PLAN TO THE BOARD OF 5 COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE DAIRY FARM IS LOCATED, TO 6 REQUIRE INITIAL AND ANNUAL TOTAL BOVINE ANIMAL UNIT COUNT REPORTS, TO PRO- 7 VIDE FOR VERIFICATION OF THE ANIMAL UNIT COUNT REPORTS BY THE INSPECTION 8 OF THE COUNTY OR DEPARTMENT OF AGRICULTURE, TO REITERATE THAT DAIRY MILK 9 PRODUCTION RECORDS ARE EXEMPT FROM PUBLIC DISCLOSURE, TO PROVIDE FOR PUB- 10 LIC DISCLOSURE OF TOTAL ANIMAL UNIT COUNT INFORMATION AND TO MAKE TECHNI- 11 CAL CORRECTIONS; AMENDING SECTION 37-403, IDAHO CODE, TO REQUIRE THE 12 DEPARTMENT OF AGRICULTURE TO PROVIDE COPIES OF ALL FINDINGS, CONCLUSIONS 13 AND REPORTS RESULTING FROM CERTAIN EXAMINATIONS AND INSPECTIONS TO THE 14 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE DAIRY FARM SUB- 15 JECT TO THE EXAMINATION OR INSPECTION IS LOCATED. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 37-401, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 37-401. INSPECTIONS, EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE 20 -- DAIRY FARMS -- NUTRIENT MANAGEMENT PLANS REQUIRED -- REPORTS. (1) The 21 director of the department of agriculture is hereby authorized and directed to 22 designate any agent to inspect, examine and test any or all dairy products in 23 accordance with rules as the department may prescribe; and to ascertain and 24 certify the grade, classification, quality or sanitary condition thereof and 25 other pertinent facts as the department may require. The director or agent of 26 the department of agriculture of the state of Idaho shall make sanitary 27 inspection of milk, cream, butter and dairy products of any kind whatsoever, 28 intended for human consumption, and of containers, utensils, equipment, build- 29 ings, premises or anything whatsoever employed in the production, handling, 30 storing, processing or manufacturing of dairy products or that would affect 31 the purity of the products. Inspections, examinations and tests shall be made 32 to meet the requirements of the laws of the state and of the United States for 33 the sale of the products or their transportation in both intrastate and inter- 34 state commerce. Any agent designated by the director to make inspections shall 35 have the right for that purpose to enter any premises and buildings where 36 milk, cream, butter or dairy products shall be produced, stored, processed or 37 manufactured. Acting in accord with rules of the department, the director or 38 agent of the department shall review plans and specifications for construction 39 of new, modified or expanded waste systems and inspect any dairy farm to 40 ascertain and certify sanitary conditions, waste systems and milk quality. The 41 director or agent shall issue a permit authorizing the sale of milk for human 42 consumption to all dairy farms that meet the requirements of this chapter, and 43 rules promulgated pursuant to this chapter. 2 1 (2) All dairy farms shall have a nutrient management plan approved by the 2 department. Existing dairy farms shall submit a nutrient management plan to 3 the department on or before July 1, 2001. Any new dairy farms or dairy farms 4 that change owners or operators shall have an approved nutrient management 5 plan on file with the department prior to the issuance of the milk permit for 6 that dairy. The nutrient management plan shall be implemented upon approval of 7 the plan by the department. The department shall provide a copy of the nutri- 8 ent management plan to the board of county commissioners of the county in 9 which the dairy farm is located. 10 (3) All dairies shall submit an initial, and thereafter an annual, report 11 to the board of county commissioners of the county in which the dairy is 12 located and to the Idaho state department of agriculture which sets forth its 13 total count for all bovine located within the boundaries of the dairy farm, 14 said count to be specifically set forth by animal unit, as defined in 7 CFR 15 1940.312(c)(9) and 40 CFR 122, Appendix B. A board of county commissioners and 16 the Idaho state department of agriculture, or their designees, shall be enti- 17 tled to verify the animal unit count set forth in any initial or annual report 18 by inspection of the dairy premises at all reasonable times. The initial 19 report shall be filed by any new dairy farm, or a dairy farm that changes 20 owners or operators, at the time the farm applies for issuance of a milk per- 21 mit. Thereafter for new dairy farms, and for all existing dairy farms, the 22 annual report shall be due on or before January 1 of each and every year. All 23 dairy milk production records are exempt from public disclosure pursuant to 24 the provisions of chapter 3, title 9, Idaho Code. The total bovine animal unit 25 count information submitted pursuant to the initial or annual reports provided 26 for in this section shall be subject to public disclosure pursuant to chapter 27 3, title 9, Idaho Code. 28 SECTION 2. That Section 37-403, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 37-403. BASIS FOR ISSUANCE OR REVOCATION OF LICENSES OR PERMITS. When- 31 ever, under any law of this state or rule, the director of the department of 32 agriculture or any agent is required to inspect dairy farms and dairy waste 33 systems for compliance with rules prescribed by the department, or determine 34 the sanitary condition of anything referred to in section 37-401, Idaho Code, 35 or the purity of milk, cream, butter, or other dairy products intended for 36 human consumption, the director shall make or cause to be made an examination 37 and inspection and shall report his findings and conclusions. The department 38 shall provide copies of all findings, conclusions and reports resulting from 39 any examination or inspection to the board of county commissioners of the 40 county in which the dairy farm subject to the examination or inspection is 41 located. When the issuance or the revoking of any license or permit by the 42 department of agriculture is required to be made after an inspection involving 43 waste systems, milk quality, and sanitary conditions and purity for human con- 44 sumption of any milk, cream, butter, or other dairy products, the issuance or 45 revocation of license or permit shall be based upon the report or reports so 46 made by the director. The duration of such revocation shall be determined by 47 the director. For violations regarding waste systems the department shall 48 allow the dairy farm's milk to be processed, provided the milk meets quality 49 standards. The value of the milk sold by the violator during the revocation 50 shall be remitted to the county where the violation occurred for deposit in 51 the county current expense fund. The amount remitted to the county current 52 expense fund shall be less processor expenses associated with the procurement 53 of the milk.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Sandy Seconded by Hawkins IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1144, AS AMENDED 1 AMENDMENTS TO SECTION 1 2 On page 2 of the engrossed bill, in line 11, delete "All" and insert: 3 "There is hereby granted to the board of county commissioners of each of the 4 several counties of this state the right and authority, at the county's 5 option, to require"; and also in line 11, delete "shall" and insert: "to"; in 6 line 16, delete "A" and insert: "If the county has exercised the authority 7 granted in this section, a"; and in line 19, delete "The" and insert: "If the 8 county has exercised the authority granted in this section, the". 9 CORRECTION TO TITLE 10 On page 1, in line 6, delete "REQUIRE" and insert: "PROVIDE FOR".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1144, As Amended, As Amended BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SANITARY INSPECTION OF DAIRY PRODUCTS; AMENDING SECTION 37-401, 3 IDAHO CODE, TO PROVIDE FOR REPORTS, TO REQUIRE THE DEPARTMENT OF AGRICUL- 4 TURE TO PROVIDE A COPY OF THE NUTRIENT MANAGEMENT PLAN TO THE BOARD OF 5 COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE DAIRY FARM IS LOCATED IF 6 REQUESTED BY THE COUNTY COMMISSIONERS, TO PROVIDE FOR INITIAL AND ANNUAL 7 TOTAL BOVINE ANIMAL UNIT COUNT REPORTS, TO PROVIDE FOR VERIFICATION OF THE 8 ANIMAL UNIT COUNT REPORTS BY THE INSPECTION OF THE COUNTY OR DEPARTMENT OF 9 AGRICULTURE, TO REITERATE THAT DAIRY MILK PRODUCTION RECORDS ARE EXEMPT 10 FROM PUBLIC DISCLOSURE, TO PROVIDE FOR PUBLIC DISCLOSURE OF TOTAL ANIMAL 11 UNIT COUNT INFORMATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 12 37-403, IDAHO CODE, TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO PROVIDE 13 COPIES OF ALL FINDINGS, CONCLUSIONS AND REPORTS RESULTING FROM CERTAIN 14 EXAMINATIONS AND INSPECTIONS TO THE BOARD OF COUNTY COMMISSIONERS OF THE 15 COUNTY IN WHICH THE DAIRY FARM SUBJECT TO THE EXAMINATION OR INSPECTION IS 16 LOCATED IF REQUESTED BY THE COUNTY COMMISSIONERS. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 37-401, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 37-401. INSPECTIONS, EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE 21 -- DAIRY FARMS -- NUTRIENT MANAGEMENT PLANS REQUIRED -- REPORTS. (1) The 22 director of the department of agriculture is hereby authorized and directed to 23 designate any agent to inspect, examine and test any or all dairy products in 24 accordance with rules as the department may prescribe; and to ascertain and 25 certify the grade, classification, quality or sanitary condition thereof and 26 other pertinent facts as the department may require. The director or agent of 27 the department of agriculture of the state of Idaho shall make sanitary 28 inspection of milk, cream, butter and dairy products of any kind whatsoever, 29 intended for human consumption, and of containers, utensils, equipment, build- 30 ings, premises or anything whatsoever employed in the production, handling, 31 storing, processing or manufacturing of dairy products or that would affect 32 the purity of the products. Inspections, examinations and tests shall be made 33 to meet the requirements of the laws of the state and of the United States for 34 the sale of the products or their transportation in both intrastate and inter- 35 state commerce. Any agent designated by the director to make inspections shall 36 have the right for that purpose to enter any premises and buildings where 37 milk, cream, butter or dairy products shall be produced, stored, processed or 38 manufactured. Acting in accord with rules of the department, the director or 39 agent of the department shall review plans and specifications for construction 40 of new, modified or expanded waste systems and inspect any dairy farm to 41 ascertain and certify sanitary conditions, waste systems and milk quality. The 42 director or agent shall issue a permit authorizing the sale of milk for human 43 consumption to all dairy farms that meet the requirements of this chapter, and 2 1 rules promulgated pursuant to this chapter. 2 (2) All dairy farms shall have a nutrient management plan approved by the 3 department. Existing dairy farms shall submit a nutrient management plan to 4 the department on or before July 1, 2001. Any new dairy farms or dairy farms 5 that change owners or operators shall have an approved nutrient management 6 plan on file with the department prior to the issuance of the milk permit for 7 that dairy. The nutrient management plan shall be implemented upon approval of 8 the plan by the department. The department shall provide a copy of the nutri- 9 ent management plan to the board of county commissioners of the county in 10 which the dairy farm is located, if requested by the county commissioners. 11 (3) There is hereby granted to the board of county commissioners of each 12 of the several counties of this state the right and authority, at the county's 13 option, to require dairies to submit an initial, and thereafter an annual, 14 report to the board of county commissioners of the county in which the dairy 15 is located and to the Idaho state department of agriculture which sets forth 16 its total count for all bovine located within the boundaries of the dairy 17 farm, said count to be specifically set forth by animal unit, as defined in 7 18 CFR 1940.312(c)(9) and 40 CFR 122, Appendix B. If the county has exercised the 19 authority granted in this section, a board of county commissioners and the 20 Idaho state department of agriculture, or their designees, shall be entitled 21 to verify the animal unit count set forth in any initial or annual report by 22 inspection of the dairy premises at all reasonable times. If the county has 23 exercised the authority granted in this section, the initial report shall be 24 filed by any new dairy farm, or a dairy farm that changes owners or operators, 25 at the time the farm applies for issuance of a milk permit. Thereafter for new 26 dairy farms, and for all existing dairy farms, the annual report shall be due 27 on or before January 1 of each and every year. All dairy milk production 28 records are exempt from public disclosure pursuant to the provisions of chap- 29 ter 3, title 9, Idaho Code. The total bovine animal unit count information 30 submitted pursuant to the initial or annual reports provided for in this sec- 31 tion shall be subject to public disclosure pursuant to chapter 3, title 9, 32 Idaho Code. 33 SECTION 2. That Section 37-403, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 37-403. BASIS FOR ISSUANCE OR REVOCATION OF LICENSES OR PERMITS. When- 36 ever, under any law of this state or rule, the director of the department of 37 agriculture or any agent is required to inspect dairy farms and dairy waste 38 systems for compliance with rules prescribed by the department, or determine 39 the sanitary condition of anything referred to in section 37-401, Idaho Code, 40 or the purity of milk, cream, butter, or other dairy products intended for 41 human consumption, the director shall make or cause to be made an examination 42 and inspection and shall report his findings and conclusions. The department 43 shall provide copies of all findings, conclusions and reports resulting from 44 any examination or inspection to the board of county commissioners of the 45 county in which the dairy farm subject to the examination or inspection is 46 located, if requested by the county commissioners. When the issuance or the 47 revoking of any license or permit by the department of agriculture is required 48 to be made after an inspection involving waste systems, milk quality, and san- 49 itary conditions and purity for human consumption of any milk, cream, butter, 50 or other dairy products, the issuance or revocation of license or permit shall 51 be based upon the report or reports so made by the director. The duration of 52 such revocation shall be determined by the director. For violations regarding 53 waste systems the department shall allow the dairy farm's milk to be proc- 3 1 essed, provided the milk meets quality standards. The value of the milk sold 2 by the violator during the revocation shall be remitted to the county where 3 the violation occurred for deposit in the county current expense fund. The 4 amount remitted to the county current expense fund shall be less processor 5 expenses associated with the procurement of the milk.
STATEMENT OF PURPOSE RS 11106 *To require the Department of Agriculture to provide a copy of the nutrient management plan to the board of county commissioners of the county in which the dairy farm is located, to require initial and annual total animal unit count reports, to provide for verification of the animal unit count reports by the inspection of the county or Department of Agriculture. *None Contact Name: Senator John Sandy Phone: 332 1305 FISCAL IMPACT