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S1040aa,aa..........................................by AGRICULTURAL AFFAIRS
DAIRY FARMS - Amends existing law to provide certain requirements for
nutrient management plans; and to provide that nutrient management plans
submitted to the Department of Agriculture by dairy farms shall include
certain information.
01/30 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Agric Aff
03/06 Rpt out - to 14th Ord
03/08 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/12 To 14th Ord
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 - 27-1-7
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Deide, Dunklin, Frasure, Geddes,
Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch,
Sandy, Schroeder, Sims, Stennett, Thorne, Wheeler, Whitworth
NAYS -- Ingram
Absent and excused -- Darrington, Davis, Goedde, Hawkins, Sorensen,
Stegner, Williams
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 - 51-9-10
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal,
Ellsworth, Field(13), Field(20), Gould, Hadley, Hammond, Hansen,
Henbest(Farley), Higgins, Jaquet, Jones, Kellogg, Kendell, Kunz,
Lake, Langford, Mader, Marley, Montgomery, Mortensen, Moss, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Trail, Mr. Speaker
NAYS -- Barrett, Callister, Harwood, Hornbeck, Loertscher, McKague,
Moyle, Pearce, Wood
Absent and excused -- Denney, Ellis, Eskridge, Gagner, Meyer,
Pischner, Stone, Tilman, Wheeler, Young
Floor Sponsor -- Jones
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 387
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1040
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DAIRY FARM NUTRIENT MANAGEMENT PLANS; AMENDING SECTION 37-401,
3 IDAHO CODE, TO PROVIDE THAT NUTRIENT MANAGEMENT PLANS SUBMITTED TO THE
4 DEPARTMENT BY DAIRY FARMS SHALL INCLUDE ALL WRITTEN CONTRACTS THE DAIRY
5 FARM HAS ENTERED WITH RECIPIENTS OF LIVESTOCK WASTE AND TO PROVIDE FOR
6 SOIL TESTING.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 37-401, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 37-401. INSPECTIONS, EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
11 -- DAIRY FARMS -- NUTRIENT MANAGEMENT PLANS REQUIRED. (1) The director of the
12 department of agriculture is hereby authorized and directed to designate any
13 agent to inspect, examine and test any or all dairy products in accordance
14 with rules as the department may prescribe; and to ascertain and certify the
15 grade, classification, quality or sanitary condition thereof and other perti-
16 nent facts as the department may require. The director or agent of the depart-
17 ment of agriculture of the state of Idaho shall make sanitary inspection of
18 milk, cream, butter and dairy products of any kind whatsoever, intended for
19 human consumption, and of containers, utensils, equipment, buildings, premises
20 or anything whatsoever employed in the production, handling, storing, process-
21 ing or manufacturing of dairy products or that would affect the purity of the
22 products. Inspections, examinations and tests shall be made to meet the
23 requirements of the laws of the state and of the United States for the sale of
24 the products or their transportation in both intrastate and interstate com-
25 merce. Any agent designated by the director to make inspections shall have the
26 right for that purpose to enter any premises and buildings where milk, cream,
27 butter or dairy products shall be produced, stored, processed or manufactured.
28 (2) Acting in accord with rules of the department, the director or agent
29 of the department shall review plans and specifications for construction of
30 new, modified or expanded waste systems and inspect any dairy farm to ascer-
31 tain and certify sanitary conditions, waste systems and milk quality. The
32 director or agent shall issue a permit authorizing the sale of milk for human
33 consumption to all dairy farms that meet the requirements of this chapter, and
34 rules promulgated pursuant to this chapter.
35 (3) All dairy farms shall have a nutrient management plan approved by the
36 department. Existing dairy farms shall submit a nutrient management plan to
37 the department on or before July 1, 2001.
38 (4) Any new dairy farms or dairy farms that change owners or operators
39 shall have an approved nutrient management plan on file with the department
40 prior to the issuance of the milk permit for that dairy. The nutrient manage-
41 ment plan shall be implemented upon approval of the plan by the department.
42 (5) Nutrient management plans submitted to the department by dairy farms
43 shall include all written contracts the dairy farm has entered with recipients
2
1 of livestock waste. Soil samples shall be obtained and analyzed from live-
2 stock waste application sites on land owned or under the control of the owner
3 or operator where applications are planned. For the purposes of this subsec-
4 tion, "land owned or under the control of" means livestock waste application
5 sites which are owned, rented, or leased by the owner or operator of the dairy
6 farm, or those sites that are the subject of a livestock waste application
7 agreement between the dairy farm owner or operator and the landowner.
|||| 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. 1040, As Amended
1 AMENDMENT TO SECTION 1
2 On page 2 of the engrossed bill, delete lines 17 through 25.
3 CORRECTIONS TO TITLE
4 On page 1, in line 8, delete "COUNTY," and insert: "COUNTY AND"; in line
5 10, delete ", TO PROVIDE THAT NUTRI-"; and delete lines 11 through 13 and
6 insert: ".".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1040, As Amended, As Amended
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DAIRY FARM NUTRIENT MANAGEMENT PLANS; AMENDING SECTION 37-401,
3 IDAHO CODE, TO PROVIDE THAT NUTRIENT MANAGEMENT PLANS SHALL COVER DAIRY
4 FARM SITES AND OTHER LANDS OWNED AND OPERATED BY DAIRY FARM OWNERS OR
5 OPERATORS, TO PROVIDE THAT NUTRIENT MANAGEMENT PLANS SUBMITTED TO THE
6 DEPARTMENT BY THE DAIRY FARM SHALL INCLUDE CERTAIN INFORMATION, TO PROVIDE
7 THAT INFORMATION IN THE NUTRIENT MANAGEMENT PLAN SHALL BE AVAILABLE TO THE
8 APPLICABLE COUNTY AND TO PROVIDE THAT ONLY THE FIRST RECIPIENT OF COMPOST
9 MUST BE LISTED IN A NUTRIENT MANAGEMENT PLAN IF LIVESTOCK WASTE IS CON-
10 VERTED TO COMPOST BEFORE IT LEAVES THE DAIRY FARM.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 37-401, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 37-401. INSPECTIONS, EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
15 -- DAIRY FARMS -- NUTRIENT MANAGEMENT PLANS REQUIRED. (1) The director of the
16 department of agriculture is hereby authorized and directed to designate any
17 agent to inspect, examine and test any or all dairy products in accordance
18 with rules as the department may prescribe; and to ascertain and certify the
19 grade, classification, quality or sanitary condition thereof and other perti-
20 nent facts as the department may require. The director or agent of the depart-
21 ment of agriculture of the state of Idaho shall make sanitary inspection of
22 milk, cream, butter and dairy products of any kind whatsoever, intended for
23 human consumption, and of containers, utensils, equipment, buildings, premises
24 or anything whatsoever employed in the production, handling, storing, process-
25 ing or manufacturing of dairy products or that would affect the purity of the
26 products. Inspections, examinations and tests shall be made to meet the
27 requirements of the laws of the state and of the United States for the sale of
28 the products or their transportation in both intrastate and interstate com-
29 merce. Any agent designated by the director to make inspections shall have the
30 right for that purpose to enter any premises and buildings where milk, cream,
31 butter or dairy products shall be produced, stored, processed or manufactured.
32 (2) Acting in accord with rules of the department, the director or agent
33 of the department shall review plans and specifications for construction of
34 new, modified or expanded waste systems and inspect any dairy farm to ascer-
35 tain and certify sanitary conditions, waste systems and milk quality. The
36 director or agent shall issue a permit authorizing the sale of milk for human
37 consumption to all dairy farms that meet the requirements of this chapter, and
38 rules promulgated pursuant to this chapter.
39 (3) All dairy farms shall have a nutrient management plan approved by the
40 department. The nutrient management plan shall cover the dairy farm site and
41 other land owned and operated by the dairy farm owner or operator. Nutrient
42 management plans submitted to the department by the dairy farm shall include
43 the names and addresses of each recipient of that dairy farm's livestock
2
1 waste, the number of acres to which the livestock waste is applied and the
2 amount of such livestock waste received by each recipient. The information
3 provided in this subsection shall be available to the county in which the
4 dairy farm, or the land upon which the livestock waste is applied, is located.
5 If livestock waste is converted to compost before it leaves the dairy farm,
6 only the first recipient of the compost must be listed in the nutrient manage-
7 ment plan as a recipient of livestock waste from the dairy farm. Existing
8 dairy farms shall submit a nutrient management plan to the department on or
9 before July 1, 2001.
10 (4) Any new dairy farms or dairy farms that change owners or operators
11 shall have an approved nutrient management plan on file with the department
12 prior to the issuance of the milk permit for that dairy. The nutrient manage-
13 ment plan shall be implemented upon approval of the plan by the department.
STATEMENT OF PURPOSE
SB 1040a
The purpose of this legislation is to provide that the nutrient
management plans submitted to the Department of Agriculture by
dairy farms will include the name, address and amounts of waste
delivered to all waste recipients.
NONE
Contact
Name: Sen. Clint Stennett
Phone: 332-1351
FISCAL IMPACT
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 1040,a.a
AMENDED AMENDED AMENDED AMENDED AMENDED AMENDE