1999 Legislation
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SENATE BILL NO. 1130, As Amended – Livestock/organically grown product

SENATE BILL NO. 1130, As Amended

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S1130aa.............................................by AGRICULTURAL AFFAIRS
LIVESTOCK - Amends existing law to further define the term "food products";
to provide a definition of "livestock"; to provide for Department of
Agriculture rules regarding standards for livestock produced for sale as
organically grown products; to provide for Department of Agriculture rules
regarding records required of organized livestock producers; to provide
consultation upon promulgating certain rules; and to provide when those
rules go into effect.

02/09    Senate intro - 1st rdg - to printing
02/10    Rpt prt - to Agric Aff
02/23    Rpt out - to 14th Ord
02/24    Rpt out amen - to engros
02/25    Rpt engros - 1st rdg - to 2nd rdg as amen
02/26    2nd rdg - to 3rd rdg as amen
03/03    3rd rdg as amen - PASSED - 33-0-2
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Sorensen, Stegner, Stennett, Thorne,
      Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Parry, Schroeder
    Floor Sponsor - Stennett
    Title apvd - to House
03/04    House intro - 1st rdg as amen - to Agric Aff
03/09    Rpt out - rec d/p - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/11    3rd rdg as amen - PASSED - 65-0-5
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
      Linford, Loertscher, Mader, Marley, McKague, Montgomery, Mortensen,
      Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, Taylor,
      Tilman, Tippets, Trail, Watson, Wheeler, Williams, Zimmermann
      NAYS -- None
      Absent and excused -- Crow, Meyer, Smylie, Wood, Mr Speaker
    Floor Sponsor - Chase
    Title apvd - to Senate
03/12    To enrol
03/15    Rpt enrol - Pres signed
03/16    Sp signed - to Governor
03/19    Governor signed
         Session Law Chapter 136
         Effective: 07/01/99

Bill Text


S1130


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                             SENATE BILL NO. 1130, As Amended

                            BY AGRICULTURAL AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO ORGANIC FOODS; AMENDING SECTION 22-1102, IDAHO  CODE,  TO  FURTHER
 3        DEFINE   THE   TERM  "FOOD  PRODUCTS"  AND  TO  PROVIDE  A  DEFINITION  OF
 4        "LIVESTOCK"; AMENDING SECTION 22-1102, IDAHO CODE, AS AMENDED  BY  SECTION
 5        3,  CHAPTER  99,  LAWS OF 1994, TO FURTHER DEFINE THE TERM "FOOD PRODUCTS"
 6        AND TO PROVIDE A DEFINITION  OF  "LIVESTOCK";  AMENDING  SECTION  22-1103,
 7        IDAHO  CODE, TO PROVIDE FOR RULES FOR STANDARDS FOR LIVESTOCK PRODUCED FOR
 8        SALE AS ORGANICALLY GROWN PRODUCTS, TO PROVIDE RULES FOR RECORDS  REQUIRED
 9        OF  ORGANIC  LIVESTOCK PRODUCERS, TO PROVIDE FOR CONSULTATION UPON PROMUL-
10        GATING CERTAIN RULES AND TO PROVIDE WHEN THOSE RULES GO INTO  EFFECT;  AND
11        AMENDING  SECTION  22-1103,  IDAHO  CODE, AS AMENDED BY SECTION 2, CHAPTER
12        314, LAWS OF 1992, TO PROVIDE RULES FOR STANDARDS FOR  LIVESTOCK  PRODUCED
13        FOR  SALE  AS  ORGANICALLY  GROWN  PRODUCTS,  TO PROVIDE RULES FOR RECORDS
14        REQUIRED OF ORGANIC LIVESTOCK PRODUCERS, TO PROVIDE FOR CONSULTATION  UPON
15        PROMULGATING CERTAIN RULES AND TO PROVIDE WHEN THOSE RULES GO INTO EFFECT.

16    Be It Enacted by the Legislature of the State of Idaho:

17        SECTION  1.  That  Section 22-1102, Idaho Code, be, and the same is hereby
18    amended to read as follows:

19        22-1102.  DEFINITIONS. In this chapter:
20        (1)  "Director" means the director of the department of agriculture or the
21    director's designee.
22        (2)  "Food  products"  shall  include  all  agricultural,   horticultural,
23    viticultural  and  vegetable products of the soil,  and  apiary and
24    apiary products,  but shall not include  poultry and poultry  prod-
25    ucts,  livestock  and livestock products,  milk and  dairy products
26    or aquaculture products.
27        (3)  "Handler" means any person or organization who  processes,  packages,
28    transports or stores organic food or nonorganic food.
29        (4)    "Livestock" means cattle, swine, sheep, goats, ratites, domes-
30    tic cervidae and bison.
31        (5)   "Organic certification seal" means the design approved by  the
32    director and  which when imprinted or affixed on labels, packages or products,
33    or  used  in  advertising  in any manner, shall signify that the standards and
34    regulations developed in accordance with the provisions of  this  chapter  and
35    all other conditions of the provisions of this chapter have been met.
36        ( 5  6 )  "Organic food" means any food product that
37    is marketed using the term organic, or any derivative of organic in its label-
38    ing  or  advertising. Organic foods are those processed, packaged, transported
39    and stored to retain maximum nutritional value, without the use of  artificial
40    preservatives,  coloring  or other additives, irradiation, or synthetic pesti-
41    cides.
42        ( 6  7 )  "Organically grown food" means food  prod-
43    ucts  grown  in Idaho which are produced without the use of synthetically com-


                                          2

 1    pounded fertilizers, pesticides, or growth regulators for a  period  not  less
 2    than thirty-six (36) months prior to harvest. Organically grown foods are pro-
 3    duced  under  the standards and regulations established in accordance with the
 4    provisions of this chapter.
 5        ( 7  8 )  "Person" means  any  individual,  partner-
 6    ship,  association,  corporation,  or  any  organized group of persons whether
 7    incorporated or not.
 8        ( 8  9 )  "Producer" means any person  or  organiza-
 9    tion who:
10        (a)  Grows, raises or produces a food product; and
11        (b)  Sells the food product as, or offers it for sale as, an organic food.
12        (  9    10  ) "Vendor"  means  any  person who sells
13    organic food to the consumer or another vendor.

14        SECTION 2.  That Section 22-1102, Idaho Code, as  amended  by  Section  3,
15    Chapter  99, Laws of 1994,  be, and the same is hereby amended to read as fol-
16    lows:

17        22-1102.  DEFINITIONS.  In this chapter:
18        (1)  "Director" means the director of the department of agriculture or the
19    director's designee.
20        (2)  "Food  products"  shall  include  all  agricultural,   horticultural,
21    viticultural  and  vegetable products of the soil, apiary and apiary products,
22     and  lamb,  but shall not include  poultry and  poultry
23    products,  other livestock and livestock products,  milk and  dairy
24    products or aquaculture products.
25        (3)  "Handler" means any person or organization who  processes,  packages,
26    transports or stores organic food or nonorganic food.
27        (4)  "Lamb" means a young sheep that has not reached one (1) year of age.
28        (5)    "Livestock" means cattle, swine, sheep, goats, ratites, domes-
29    tic cervidae and bison.
30        (6)   "Organic certification seal" means the design approved by  the
31    director  and which when imprinted or affixed on labels, packages or products,
32    or used in advertising in any manner, shall signify  that  the  standards  and
33    regulations  developed  in  accordance with the provisions of this chapter and
34    all other conditions of the provisions of this chapter have been met.
35        ( 6  7 )  "Organic food" means any food product that
36    is marketed using the term organic, or any derivative of organic in its label-
37    ing or advertising. Organic foods are those processed,  packaged,  transported
38    and  stored to retain maximum nutritional value, without the use of artificial
39    preservatives, coloring or other additives, irradiation, or  synthetic  pesti-
40    cides.
41        (  7  8 )  "Organically grown food" means food prod-
42    ucts grown in Idaho which are produced without the use of  synthetically  com-
43    pounded  fertilizers,  pesticides,  or growth regulators for a period not less
44    than thirty-six (36) months prior to harvest. Organically grown foods are pro-
45    duced under the standards and regulations established in accordance  with  the
46    provisions of this chapter.
47        (  8    9 )  "Person" means any individual, partner-
48    ship, association, corporation, or any  organized  group  of  persons  whether
49    incorporated or not.
50        (  9   10 ) "Producer" means any person or organiza-
51    tion who:
52        (a)  Grows, raises or produces a food product; and
53        (b)  Sells the food product as, or offers it for sale as, an organic food.


                                          3

 1        (1 0   1  ) "Vendor"  means  any  person  who  sells
 2    organic food to the consumer or another vendor.

 3        SECTION  3.  That  Section 22-1103, Idaho Code, be, and the same is hereby
 4    amended to read as follows:

 5        22-1103.  ADMINISTRATION AND ENFORCEMENT --  RULES  AND  REGULATIONS.  The
 6    administration  and  enforcement  of  the  provisions of this chapter shall be
 7    under the director.  The director is authorized, in conformance  with  chapter
 8    52,  title 67, Idaho Code, to promulgate rules and regulations concerning, but
 9    not limited to:
10        (1)  Standards for agricultural crops  and livestock   produced
11    for sale as organically grown products.
12        (2)  Records  required  of  organic  crop   and livestock  pro-
13    ducers.
14        (3)  The number of on-site inspections, announced and unannounced.
15        (4)  Chemical residue analysis of organically grown agricultural  products
16    and fees for conducting such analysis.
17        (5)  Certification  of  private  laboratories  to conduct chemical residue
18    analyses.
19        (6)  Standards that an agricultural producer must meet to be recognized as
20    a producer under the provisions of this chapter.
21        (7)  Development and distribution of the organic  certification  seal  and
22    standards for its application for use on Idaho agricultural products.
23        (8)  Development and implementation of labeling standards.
24          (9)  Rules  establishing  organic standards for poultry and poultry
25    products, livestock and livestock products, milk and dairy products  or  aqua-
26    culture  products  will  be  promulgated  in consultation with the appropriate
27    agricultural or commodity organizations, as determined  by  the  director.  No
28    pending  or  temporary  rule  adopted by the department shall become final and
29    effective before the conclusion of the regular or special legislative  session
30    at  which  the  rule was submitted for review pursuant to sections 67-5224 and
31    67-5291, Idaho Code. 

32        SECTION 4.  That Section 22-1103, Idaho Code, as  amended  by  Section  2,
33    Chapter  314, Laws of 1992, be, and the same is hereby amended to read as fol-
34    lows:

35        22-1103.  ADMINISTRATION AND ENFORCEMENT --  RULES  AND  REGULATIONS.  The
36    administration  and  enforcement  of  the  provisions of this chapter shall be
37    under the director. The director is authorized, in  conformance  with  chapter
38    52,  title 67, Idaho Code, to promulgate rules and regulations concerning, but
39    not limited to:
40        (1)  Standards for agricultural crops  and livestock   produced
41    for sale as organically grown products.
42        (2)  Records  required  of  organic  crop   and livestock  pro-
43    ducers.
44        (3)  The number of on-site inspections, announced and unannounced.
45        (4)  Chemical residue analysis of organically grown agricultural  products
46    and fees for conducting such analysis.
47        (5)  Certification  of  private  laboratories  to conduct chemical residue
48    analyses.
49        (6)  Standards that an agricultural producer must meet to be recognized as
50    a producer under the provisions of this chapter.
51        (7)  Development and distribution of the organic  certification  seal  and


                                          4

 1    standards for its application for use on Idaho agricultural products.
 2        (8)  Development and implementation of labeling standards.
 3        (9)  Standards for health care and medical treatment for lambs and for the
 4    prevention and control of infectious or communicable diseases among lambs.
 5        (10) Standards  for  prohibitions against denial of health care or medical
 6    treatment of lambs in order to obtain or retain organic certification.
 7         (11) Rules establishing organic standards for  poultry  and  poultry
 8    products,  livestock  and livestock products, milk and dairy products or aqua-
 9    culture products will be promulgated  in  consultation  with  the  appropriate
10    agricultural  or  commodity  organizations,  as determined by the director. No
11    pending or temporary rule adopted by the department  shall  become  final  and
12    effective  before the conclusion of the regular or special legislative session
13    at which the rule was submitted for review pursuant to  sections  67-5224  and
14    67-5291, Idaho Code. 

Amendment


AS1130


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                       Moved by     Stennett             

                                       Seconded by  Branch               


                                      IN THE SENATE
                            SENATE AMENDMENT TO S.B. NO. 1130

 1                                AMENDMENT TO SECTION 1
 2        On page 1 of the printed bill, in  line  24,  delete  "  poultry  and
 3    " and insert: "poultry and".

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS08814C1

The purpose of this legislation is to define livestock under
the organic foods definition of the Idaho Code. The rules
pertaining to organically produced livestock will be promulgated by
the Department of Agriculture.






                            FISCAL NOTE

None.











CONTACT:  Senator Clint Stennett
          332-1351
          

STATEMENT OF PURPOSE/ FISCAL NOTE      S1130