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HOUSE BILL NO. 549
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H0549...............................................by AGRICULTURAL AFFAIRS
AGRICULTURE DEPARTMENT - COMMITTEES/COUNCILS - Amends existing law to
authorize the director of the Department of Agriculture to appoint
committees or councils to advise the director and to limit the size of the
committees or councils.
01/29 House intro - 1st rdg - to printing
01/30 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 549
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF AGRICULTURE; AMENDING SECTION 22-103, IDAHO
3 CODE, TO AUTHORIZE THE DIRECTOR TO APPOINT COMMITTEES OR COUNCILS TO
4 ADVISE THE DIRECTOR AND TO LIMIT THE SIZE OF THE COMMITTEES OR COUNCILS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 22-103, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 22-103. DUTIES OF DIRECTOR. The director of the department of agriculture
9 shall execute the powers and discharge the duties vested by law in him or in
10 the department, including, but not limited to, the following:
11 (1) Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and
12 evaluate the performance of all employees of the department.
13 (2) Designate employees for special assignment, office or function as the
14 needs of the department may require.
15 (3) Acquire, generate, develop and disseminate information and data con-
16 cerning agricultural pursuits, productivity and product quality.
17 (4) Encourage and promote in every practical manner, the interests of
18 agriculture, horticulture, apiculture, aquaculture, the livestock industries,
19 poultry and fowl raising, wool and fur-bearing animals and their allied indus-
21 (5) Assist, encourage and promote the organization of farmers' insti-
22 tutes, agricultural, horticultural, management or cooperative societies and
23 organizations for the benefit of agricultural pursuits in this state.
24 (6) Promote improved methods of production, storage, sales and marketing
25 of agricultural industries.
26 (7) Establish and promulgate standards of construction, use and sanita-
27 tion of open and closed receptacles for farm products, and standards for grade
28 or other classification of farm products.
29 (8) Prescribe and promulgate rules governing marks, brands and labels,
30 and the registration thereof, for use upon receptacles for farm products.
31 (9) Promote, in the interest of the public, economical and efficient use
32 of products and commodities used in the production of agricultural, horticul-
33 tural, meats and other products and farm commodities and their distribution.
34 (10) Cooperate with producers, processors and consumers in devising and
35 maintaining economical and efficient systems of distribution, and to assist in
36 the reduction of waste and expense incidental to the marketing of agricultural
38 (11) Gather and diffuse timely information and statistics concerning sup-
39 ply, demand, prevailing prices and commercial movement of agricultural prod-
41 (12) Maintain a market news service, including information concerning
42 crops, freight rates, commission rates and such other information as may be of
43 service to producers and consumers, and to act as a clearinghouse for informa-
1 tion between producers and consumers.
2 (13) Cooperate with the secretary, colleges and universities, experiment
3 stations, and other agencies which cooperate in devising, research and devel-
4 opment and utilization of improved agricultural production and other activi-
6 (14) Investigate the practices, methods of factors, management techniques
7 of commission merchants, track buyers and others who receive, solicit, buy,
8 sell, handle on commission or otherwise, or deal in grains, eggs, livestock,
9 vegetables or other products used as human foods, to the end that distribution
10 of such commodities through such factors, commission merchants, track buyers
11 and others be efficiently and economically accomplished without hardship,
12 waste or fraud.
13 (15) Enter and inspect any right-of-way of any irrigation canal, railway,
14 public highway, field, orchard, nursery, fruit or vegetable packing house,
15 store room, sales room, storage facility, depot or other place where fruits
16 and vegetables are grown or stored and to inspect fruits, trees, plants,
17 vines, shrubs or other articles within the state, and if such places or arti-
18 cles are infested with pests, insects or their eggs or larvae, or with any
19 contagious or transmittable diseases injurious to plant life, to abate or
20 eradicate the same as a nuisance.
21 (16) Provide treatment for and prevent the spread of infectious or commu-
22 nicable diseases among bees, livestock, fur-bearing animals or domestic ani-
23 mals through the systematic and periodic inspection, testing or treatment of
24 such bees and animals at the expense of the owner thereof.
25 (17) Protect the livestock interests of the state from losses due to dis-
26 ease or hazards to animal health and communicable to humans through agricul-
27 tural products.
28 (18) Maintain recording of earmarks, eartags or other identifying marks
29 not covered under any other provisions of law.
30 (19) Purchase, lease, hold, sell, and dispose of real and personal prop-
31 erty of the department when, in the judgment of the director, such transac-
32 tions promote the purposes for which the department is established.
33 (20) Contract with any state agency, federal agency or agency of another
34 state concerning any matter, program or cooperative effort within the scope
35 and jurisdiction of its authority pursuant to law.
36 (21) Assist in the improvement of country life, farm occupations and to
37 cooperate in effectuating equality of opportunity of those employed in agri-
38 cultural pursuits in the state of Idaho.
39 (22) Investigate diseases, contamination of livestock and poultry, agri-
40 cultural, horticultural, and farm products, suspected to be infected or con-
41 taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan-
42 ical or other disease-producing agents, or carrying a residue of any such
43 disease-producing agent or chemical in excess of any tolerance established by
44 federal or state law or regulation and to examine, conduct tests, and issue
45 "hold orders" on any livestock, poultry, agricultural, horticultural or farm
46 products as deemed necessary to effectuate a diagnosis of disease, contamina-
47 tion or chemical level to safeguard and protect animal and man. And addition-
48 ally, authorize and implement a predator control program on state and private
49 lands using any kind of toxic material or substance suitable for such purpose.
50 Any toxic material or substance shall be approved for use by the director. In
51 order to carry out the provisions of this subsection (22), the director shall
52 prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.
53 (23) Prescribe by rule an interest charge which may be assessed on all
54 accounts which are thirty (30) days past due from the initial billing date or
55 the assessment due date. The interest rate charged shall not exceed twelve per
1 cent (12%) per annum.
2 (24) To take all steps that are deemed necessary to prevent and control
3 damage or conflicts on federal, state, or other public or private lands caused
4 by predatory animals, rodents, or birds, including threatened or endangered
5 wildlife within the state of Idaho as are established by federal or state law,
6 federal or state regulation, or county ordinance, that are injurious to animal
7 husbandry, agriculture, horticulture, forestry, wildlife and human health and
9 (25) To administer oaths, certify to all official acts and subpoena any
10 person in this state as a witness; to compel through subpoena the production
11 of books, papers, and records; and to take the testimony of any person on
12 deposition in the same manner as prescribed by law in the procedure before the
13 courts of this state. A subpoena issued by the director shall extend to all
14 parts of the state and may be served by any person authorized to do so. All
15 powers of the director enumerated in this subsection (25) with respect to
16 administering oaths, power of subpoena, and other powers in hearings on com-
17 plaints shall likewise be applicable to hearings held on applications for the
18 issuance or renewal of licenses.
19 (26) To appoint, as necessary, committees or councils for the pur-
20 pose of advising the director on any and all matters relating to agricultural
21 production, marketing or administration of programs within the Idaho depart-
22 ment of agriculture. Not more than twenty-four (24) members may be appointed
23 to any committee or council.
STATEMENT OF PURPOSE
Current legal authority is inadequate and does not specifically
give the director authority to appoint advisory committees or
councils. The proposed legislation will clarify this matter.
There is no fiscal impactCONTACT: Lane Jolliffe, Administrator
Department of Agriculture
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No . H 549