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S1066...............................................by AGRICULTURAL AFFAIRS
DAIRY FARMS - Amends existing law to require dairy farms to have a permit
or license to divert water; to provide for written notification by the
director of the Department of Water Resources upon the failure of a dairy
farm to comply with a permit or license to divert water; and to provide
that if a dairy farm fails to comply with the permit or license to divert
water within ninety days of such notification, the director of the
Department of Agriculture or his agent shall revoke the permit authorizing
the sale of milk for human consumption.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Agric Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1066
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DAIRY FARMS; AMENDING SECTION 37-401, IDAHO CODE, TO REQUIRE DAIRY
3 FARMS TO HAVE A PERMIT OR LICENSE TO DIVERT WATER, TO PROVIDE FOR WRITTEN
4 NOTIFICATION BY THE DIRECTOR OF THE IDAHO DEPARTMENT OF WATER RESOURCES
5 UPON THE FAILURE OF A DAIRY FARM TO COMPLY WITH A PERMIT OR LICENSE TO
6 DIVERT WATER AND TO PROVIDE THAT IF THE DAIRY FARM FAILS TO COMPLY WITH
7 THE PERMIT OR LICENSE TO DIVERT WATER WITHIN NINETY DAYS OF SUCH NOTIFICA-
8 TION THE DIRECTOR OR HIS AGENT SHALL REVOKE THE PERMIT AUTHORIZING THE
9 SALE OF MILK FOR HUMAN CONSUMPTION; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 37-401, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 37-401. INSPECTIONS, EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
14 -- DAIRY FARMS -- EVIDENCE OF ADEQUATE WATER REQUIRED -- NUTRIENT MANAGEMENT
15 PLANS REQUIRED. (1) The director of the department of agriculture is hereby
16 authorized and directed to designate any agent to inspect, examine and test
17 any or all dairy products in accordance with rules as the department may pre-
18 scribe; and to ascertain and certify the grade, classification, quality or
19 sanitary condition thereof and other pertinent facts as the department may
20 require.
21 (2) The director or agent of the department of agriculture of the state
22 of Idaho shall make sanitary inspection of milk, cream, butter and dairy prod-
23 ucts of any kind whatsoever, intended for human consumption, and of contain-
24 ers, utensils, equipment, buildings, premises or anything whatsoever employed
25 in the production, handling, storing, processing or manufacturing of dairy
26 products or that would affect the purity of the products. Inspections, exami-
27 nations and tests shall be made to meet the requirements of the laws of the
28 state and of the United States for the sale of the products or their transpor-
29 tation in both intrastate and interstate commerce.
30 (3) Any agent designated by the director to make inspections shall have
31 the right for that purpose to enter any premises and buildings where milk,
32 cream, butter or dairy products shall be produced, stored, processed or manu-
33 factured. Acting in accord with rules of the department, the director or
34 agent of the department shall review plans and specifications for construction
35 of new, modified or expanded waste systems and inspect any dairy farm to
36 ascertain and certify sanitary conditions, waste systems and milk quality.
37 (4) The director or agent shall issue a permit authorizing the sale of
38 milk for human consumption to all dairy farms that have a valid existing per-
39 mit or license for the diversion of water and that have met and continue to
40 meet the conditions of that permit or license, and that meet the requirements
41 of this chapter, and rules promulgated pursuant to this chapter. The director
42 of the Idaho department of water resources shall provide written notification
43 to the director of the department of agriculture if he determines, following
2
1 notice and an opportunity for the owner or operator of the dairy farm to be
2 heard, that a dairy farm permitted pursuant to this subsection has failed to
3 comply with a permit or license for the diversion of water. If the dairy farm
4 fails to comply with the permit or license for the diversion of water to the
5 satisfaction of the director of the Idaho department of water resources within
6 ninety (90) days of such notification, the director or his agent shall revoke
7 the permit authorizing the sale of milk for human consumption.
8 (5) All dairy farms shall have a nutrient management plan approved by the
9 department. Existing dairy farms shall submit a nutrient management plan to
10 the department on or before July 1, 2001. Any new dairy farms or dairy farms
11 that change owners or operators shall have an approved nutrient management
12 plan on file with the department prior to the issuance of the milk permit for
13 that dairy. The nutrient management plan shall be implemented upon approval of
14 the plan by the department.
15 SECTION 2. An emergency existing therefor, which emergency is hereby
16 declared to exist, this act shall be in full force and effect on and after its
17 passage and approval.
STATEMENT OF PURPOSE
RS 10933
This measure would require a dairy farm to provide evidence
of a valid water permit or license before the Department of
Agriculture would issue a permit to sell milk for human
consumption. Further, the dairy farm operator would be required
to continuously meet the conditions of that permit or license.
FISCAL IMPACT
The Department of Water Resources has water rights
information available online. There should be no additional cost
to implement this enforcement program.
Contact
Name: Sen. Clint Stennett
Phone: (208) 332-1351
Rep. Wendy Jaquet
(208) 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE S 1066