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S1438aa.............................................by AGRICULTURAL AFFAIRS
DAIRIES - Amends existing law relating to violations of sanitary conditions
in dairies to provide the duration of a suspension or revocation of
licenses or permits for the sale of milk shall be determined by the
director of the Department of Agriculture; to provide that for violations
regarding waste systems the Department of Agriculture shall allow milk to
be sold upon certain conditions occurring; and to provide for remittances
of the funds from the sale of milk.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Agric Aff
03/01 Rpt out - to 14th Ord
03/03 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins,
Ipsen, Keough, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Whitworth, Williams
NAYS--None
Absent and excused--Geddes, Ingram, King-Barrutia
Floor Sponsor - Sandy
Title apvd - to House
03/15 House intro - 1st rdg as amen - to Agric Aff
03/21 Rpt out - rec d/p - to 2nd rdg as amen
03/22 2nd rdg - to 3rd rdg as amen
03/30 3rd rdg as amen - PASSED - 48-15-7
AYES -- Barraclough, Bell, Bieter, Black, Boe, Bruneel, Campbell,
Chase, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Gould, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck,
Jaquet, Jones(Jones), Judd, Kellogg, Kempton, Kendell, Lake, Linford,
Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Pearce, Pomeroy,
Ringo, Robison, Sellman, Shepherd, Stevenson, Stoicheff, Stone,
Trail, Wheeler, Zimmermann
NAYS -- Alltus, Barrett, Callister, Cheirrett, Crow, Geddes, Kunz,
Loertscher, Moyle, Ridinger, Sali, Smith, Smylie, Tilman, Wood
Absent and excused -- Hammond, McKague, Pischner, Reynolds, Schaefer,
Taylor, Mr Speaker
Floor Sponsor - Stevenson
Title apvd - to Senate
03/31 To enrol
04/03 Rpt enrol - Pres signed - Sp signed
04/04 To Governor
04/12 Governor signed
Session Law Chapter 260
Effective: 04/12/00
S1438
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1438, As Amended
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SALES OF MILK; AMENDING SECTION 37-403, IDAHO CODE, TO PROVIDE THE
3 DURATION OF A REVOCATION OF LICENSES OR PERMITS FOR THE SALE OF MILK SHALL
4 BE DETERMINED BY THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE, TO PROVIDE
5 THAT FOR VIOLATIONS REGARDING WASTE SYSTEMS THE DEPARTMENT OF AGRICULTURE
6 SHALL ALLOW THE MILK TO BE SOLD UPON CERTAIN CONDITIONS OCCURRING AND TO
7 PROVIDE FOR REMITTANCES OF THE FUNDS FROM THE SALE OF THE MILK; AND
8 DECLARING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 37-403, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 37-403. BASIS FOR ISSUANCE OR REVOCATION OF LICENSES OR PERMITS. When-
13 ever, under any law of this state or rule, the director of the department of
14 agriculture or any agent is required to inspect dairy farms and dairy waste
15 systems for compliance with rules prescribed by the department, or determine
16 the sanitary condition of anything referred to in section 37-401, Idaho Code,
17 or the purity of milk, cream, butter, or other dairy products intended for
18 human consumption, the director shall make or cause to be made an examination
19 and inspection and shall report his findings and conclusions. When the issu-
20 ance or the revoking of any license or permit by the department of agriculture
21 is required to be made after an inspection involving waste systems, milk qual-
22 ity, and sanitary conditions and purity for human consumption of any milk,
23 cream, butter, or other dairy products, the issuance or revocation of license
24 or permit shall be based upon the report or reports so made by the director.
25 The duration of such revocation shall be determined by the director. For
26 violations regarding waste systems the department shall allow the dairy farm's
27 milk to be processed, provided the milk meets quality standards. The value of
28 the milk sold by the violator during the revocation shall be remitted to the
29 county where the violation occurred for deposit in the county current expense
30 fund. The amount remitted to the county current expense fund shall be less
31 processor expenses associated with the procurement of the milk.
32 SECTION 2. An emergency existing therefor, which emergency is hereby
33 declared to exist, this act shall be in full force and effect on and after its
34 passage and approval.
AS1438
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Sandy
Seconded by Riggs
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1438
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 26, delete the second "The" and
3 delete line 27 and insert: "For violations regarding waste systems the depart-
4 ment shall allow the dairy farm's milk to be processed, provided the milk
5 meets quality standards. The value of".
6 CORRECTION TO TITLE
7 On page 1, delete lines 4 through 9 and insert: "BE DETERMINED BY THE
8 DIRECTOR OF THE DEPARTMENT OF AGRICULTURE, TO PROVIDE THAT FOR VIOLATIONS
9 REGARDING WASTE SYSTEMS THE DEPARTMENT OF AGRICULTURE SHALL ALLOW THE MILK TO
10 BE SOLD UPON CERTAIN CONDITIONS OCCURRING AND TO PROVIDE FOR REMITTANCES OF
11 THE FUNDS FROM THE SALE OF THE MILK; AND DECLARING AN EMERGENCY.".
STATEMENT OF PURPOSE
RS10069C1
The purpose of this proposed legislation is to amend existing law to provide that
the duration of a suspension or revocation of licenses or permits for the sale of
milk, shall be determined by the director of the Department of Agriculture, and
the value of the milk sold by the violator shall be remitted to the county where the
violation occurred for deposit in the county current expense fund and to provide
the amount remitted to the county current expense fund shall be less processor
expenses associated with the procurement of the milk.
FISCAL NOTE
The proposed legislation should not impose any new or increased fiscal impact.
Contacts: Senator John Sandy
Phone: (208) 332-1305
STATEMENT OF PURPOSE/FISCAL IMPACT S143