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S1142aa.............................................by AGRICULTURAL AFFAIRS
ORGANIC FOOD PRODUCTS - Repeals and amends existing law relating to organic
food products to revise definitions; to provide for rules relating to
standards for certain livestock health care and medical treatment,
prevention and control of infections or communicable diseases among certain
livestock, and standards for prohibitions against denial of health care or
medical treatment of livestock in order to obtain or retain organic
certification; to provide for the distribution of an annual list of all
certified organic producers, handlers and vendors; to include certain
resales of food products within prohibited representations; and to revise
the membership of the Organic Food Advisory Council.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Agric Aff
02/27 Rpt out - to 14th Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/05 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 31-0-4
AYES -- Andreason, Bartlett(Branch), Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
Richardson, Risch, Schroeder, Sims, Sorensen, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Boatright, Deide, Noh, Sandy
Floor Sponsor -- Stennett
Title apvd - to House
03/09 House intro - 1st rdg - to Agric Aff
03/13 Rpt out - rec d/p - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/15 3rd rdg as amen - PASSED - 61-0-9
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Kellogg,
Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Swan(Block) Trail, Young, Mr.
Speaker
NAYS -- None
Absent and excused -- Campbell, Gagner, Henbest, Jones, Meyer, Stone,
Tilman, Wheeler, Wood
Floor Sponsor -- Bolz
Title apvd - to Senate
03/16 To enrol
03/19 Rpt enrol - Pres signed
03/20 Sp signed
03/21 To Governor
03/22 Governor signed
Session Law Chapter 75
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1142
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ORGANIC FOOD PRODUCTS; REPEALING CHAPTER 314, LAWS OF 1992; AMEND-
3 ING SECTION 22-1102, IDAHO CODE, TO REVISE DEFINITIONS AND TO MAKE TECHNI-
4 CAL CORRECTIONS; AMENDING SECTION 22-1103, IDAHO CODE, TO REVISE RULES
5 RELATING TO EDUCATION, TO PROVIDE FOR RULES RELATING TO STANDARDS FOR
6 LIVESTOCK HEALTH CARE AND MEDICAL TREATMENT, TO PROVIDE FOR RULES FOR THE
7 PREVENTION AND CONTROL OF INFECTIONS OR COMMUNICABLE DISEASES AMONG LIVE-
8 STOCK, TO PROVIDE FOR RULES RELATING TO STANDARDS FOR PROHIBITIONS AGAINST
9 DENIAL OF HEALTH CARE FOR OR MEDICAL TREATMENT OF LIVESTOCK IN ORDER TO
10 OBTAIN OR RETAIN ORGANIC CERTIFICATION, TO PROVIDE FOR THE DISTRIBUTION OF
11 AN ANNUAL LIST OF ALL CERTIFIED ORGANIC PRODUCERS, HANDLERS AND VENDORS
12 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 22-1105, IDAHO CODE,
13 TO INCLUDE CERTAIN RESALES OF FOOD PRODUCTS WITHIN PROHIBITED REPRESENTA-
14 TIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 22-1106, IDAHO
15 CODE, TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 22-1107, IDAHO
16 CODE, TO REVISE THE MEMBERSHIP OF THE ORGANIC FOOD ADVISORY COUNCIL.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Chapter 314, Laws of 1992, be, and same is hereby
19 repealed.
20 SECTION 2. That Section 22-1102, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 22-1102. DEFINITIONS. In this chapter:
23 (1) "Director" means the director of the department of agriculture or the
24 director's designee.
25 (2) "Food products" shall include all agricultural, horticultural,
26 viticultural and vegetable products of the soil, apiary and apiary products,
27 poultry and poultry products, livestock and livestock products, milk and dairy
28 products or and aquaculture products.
29 (3) "Handler" means any person or organization who processes, packages,
30 resells, transports or stores organic food products or nonorganic food prod-
31 ucts.
32 (4) "Livestock" means cattle, swine, sheep, goats, ratites, domestic
33 cervidae and bison.
34 (5) "Organic certification seal" means the design approved by the direc-
35 tor and which when imprinted or affixed on labels, packages or products, or
36 used in advertising in any manner, shall signify that the standards and regu-
37 lations rules developed in accordance with the provisions of this chapter and
38 all other conditions of the provisions of this chapter have been met.
39 (6) "Organic food product" means any food product that is marketed using
40 the term organic, or any derivative of the term organic in its labeling or
41 advertising. Organic foods are those processed, packaged, transported and
42 stored to retain maximum nutritional value, without the use of artificial pre-
2
1 servatives, coloring or other additives, irradiation, or synthetic pesticides.
2 (7) "Organically grown food products" means food products grown in Idaho
3 which are produced without the use of synthetically compounded fertilizers,
4 pesticides, or growth regulators for a period not less than thirty-six (36)
5 months prior to harvest. Organically grown foods products are produced under
6 the standards and regulations rules established in accordance with the provi-
7 sions of this chapter and by other qualified agencies.
8 (8) "Person" means any individual, partnership, association, corporation,
9 or any organized group of persons whether incorporated or not.
10 (9) "Producer" means any person or organization who:
11 (a) Grows, raises or produces a food product; and
12 (b) Sells the food product as, or offers it for sale as, an organic food.
13 (10) "Vendor" means any person who sells organic food products to the con-
14 sumer or another vendor.
15 SECTION 3. That Section 22-1103, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 22-1103. ADMINISTRATION AND ENFORCEMENT -- RULES AND REGULATIONS --
18 ANNUAL LIST DISTRIBUTION. (1) The administration and enforcement of the provi-
19 sions of this chapter shall be under the director. The director is authorized,
20 in conformance with chapter 52, title 67, Idaho Code, to promulgate rules and
21 regulations concerning, but not limited to:
22 (1a) Standards for agricultural crops and livestock produced for sale as
23 organically grown food products.
24 (2b) Records required of organically crop and livestock grown food prod-
25 ucts producers.
26 (3c) The number of on-site inspections, announced and unannounced.
27 (4d) Chemical residue analysis of organically grown agricultural food
28 products and fees for conducting such analysis.
29 (5e) Certification of private laboratories to conduct chemical residue
30 analyses.
31 (6f) Standards that an agricultural producer must meet to be recognized
32 as a producer under the provisions of this chapter.
33 (7g) Development and distribution of the organic certification seal and
34 standards for its application for use on Idaho agricultural organically
35 grown food products.
36 (8h) Development and implementation of labeling standards.
37 (9i) Rules establishing organic standards for poultry and poultry prod-
38 ucts, livestock and livestock products, milk and dairy products or aqua-
39 culture products, which will be promulgated in consultation with the
40 appropriate agricultural or commodity organizations, as determined by the
41 director. No pending or temporary rule adopted by the department shall
42 become final and effective before the conclusion of the regular or special
43 legislative session at which the rule was submitted for review pursuant to
44 sections 67-5224 and 67-5291, Idaho Code.
45 (10j) Education. The director may not issue a certificate under the pro-
46 visions of this act chapter unless the applicant has met the requirements
47 imposed by the director to ensure the applicant understands the require-
48 ments and has the knowledge necessary for successful farming to comply
49 with the requirements of this chapter.
50 (k) Standards for health care and medical treatment for livestock and for
51 the prevention and control of infections or communicable diseases among
52 livestock.
53 (l) Standards for prohibitions against denial of health care for or medi-
3
1 cal treatment of livestock in order to obtain or retain organic certifica-
2 tion.
3 (2) An annual list of all certified organic producers, handlers and ven-
4 dors shall be distributed to state regulatory authorities, and to other per-
5 sons upon request.
6 SECTION 4. That Section 22-1105, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 22-1105. PROHIBITED REPRESENTATIONS. A producer, vendor or handler shall
9 not sell or resell or offer for sale or resale any food product with the rep-
10 resentation that the product is an organically grown food product if the pro-
11 ducer, vendor or handler knows, or has reason to know, that the food product
12 has not been grown, raised or produced as an organically grown food product as
13 defined in this chapter. Violations of this section shall be punishable as
14 provided in section 22-1104, Idaho Code.
15 SECTION 5. That Section 22-1106, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 22-1106. FEES -- ORGANIC FOOD PRODUCTS ADMINISTRATION ACCOUNT. The direc-
18 tor may adopt rules and regulations establishing a fee schedule that will pro-
19 vide for the recovery of the full cost of the certification program. Fees col-
20 lected pursuant to this section shall be deposited in the organic food prod-
21 ucts administration account which is hereby created in the dedicated fund of
22 the state treasury. Moneys in the account shall be used solely for carrying
23 out the provisions of this chapter and may be expended only pursuant to appro-
24 priation. The director may employ as many personnel as are necessary to carry
25 out the provisions of this chapter.
26 SECTION 6. That Section 22-1107, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 22-1107. ORGANIC FOOD ADVISORY COUNCIL. (1) There is hereby created in
29 the department of agriculture, the organic food advisory council which shall
30 consist of six seven (67) members who shall be appointed by the director. Four
31 (4) of the council members shall be nominated from the Idaho organic industry
32 and two (2) members shall be chosen at large by the director. One Organiza-
33 tions representing Idaho's organic food products industry shall nominate to
34 the director one (1) member and one (1) alternate for each vacancy on the
35 advisory council to represent the following categories of organic food prod-
36 ucts:
37 (a) Cereals, grains and legumes;
38 (b) Dairy and livestock;
39 (c) Forage and feed;
40 (d) Herbs; and
41 (e) Vegetables and row crops.
42 At least one (1) of the at large members shall be a purchaser, vendor or con-
43 sumer of organic food products, and one (1) at large member shall represent
44 conventional agriculture. Three (3) members of the council shall be originally
45 appointed for a term of two (2) years and three four (34) members of the coun-
46 cil shall be appointed for a term of three (3) years. Thereafter all terms
47 shall be for a period of three (3) years. If a vacancy occurs, the director
48 may appoint a replacement for the remainder of the term.
49 (2) The organic food advisory council shall advise the director on mat-
4
1 ters relating to administration of the provisions of this chapter. A majority
2 of the members of the council shall represent a quorum. The council shall meet
3 no less frequently than quarterly. If a vacancy occurs, the director may
4 appoint a replacement for the remainder of the term.
5 (3) Members of the council shall be compensated as provided in section
6 59-509(b), Idaho Code.
|||| 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. 1142
1 AMENDMENTS TO SECTION 3
2 On page 2 of the printed bill, in line 50, following "livestock" insert:
3 "qualifying as organically grown food products"; and in line 51, following
4 "among" insert: "such".
5 CORRECTIONS TO TITLE
6 On page 1, in line 5, following "STANDARDS FOR" insert: "CERTAIN"; and in
7 line 7, following "AMONG" insert: "CERTAIN".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1142, As Amended
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ORGANIC FOOD PRODUCTS; REPEALING CHAPTER 314, LAWS OF 1992; AMEND-
3 ING SECTION 22-1102, IDAHO CODE, TO REVISE DEFINITIONS AND TO MAKE TECHNI-
4 CAL CORRECTIONS; AMENDING SECTION 22-1103, IDAHO CODE, TO REVISE RULES
5 RELATING TO EDUCATION, TO PROVIDE FOR RULES RELATING TO STANDARDS FOR CER-
6 TAIN LIVESTOCK HEALTH CARE AND MEDICAL TREATMENT, TO PROVIDE FOR RULES FOR
7 THE PREVENTION AND CONTROL OF INFECTIONS OR COMMUNICABLE DISEASES AMONG
8 CERTAIN LIVESTOCK, TO PROVIDE FOR RULES RELATING TO STANDARDS FOR PROHIBI-
9 TIONS AGAINST DENIAL OF HEALTH CARE FOR OR MEDICAL TREATMENT OF LIVESTOCK
10 IN ORDER TO OBTAIN OR RETAIN ORGANIC CERTIFICATION, TO PROVIDE FOR THE
11 DISTRIBUTION OF AN ANNUAL LIST OF ALL CERTIFIED ORGANIC PRODUCERS, HAN-
12 DLERS AND VENDORS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
13 22-1105, IDAHO CODE, TO INCLUDE CERTAIN RESALES OF FOOD PRODUCTS WITHIN
14 PROHIBITED REPRESENTATIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
15 SECTION 22-1106, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AND AMENDING
16 SECTION 22-1107, IDAHO CODE, TO REVISE THE MEMBERSHIP OF THE ORGANIC FOOD
17 ADVISORY COUNCIL.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Chapter 314, Laws of 1992, be, and same is hereby
20 repealed.
21 SECTION 2. That Section 22-1102, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 22-1102. DEFINITIONS. In this chapter:
24 (1) "Director" means the director of the department of agriculture or the
25 director's designee.
26 (2) "Food products" shall include all agricultural, horticultural,
27 viticultural and vegetable products of the soil, apiary and apiary products,
28 poultry and poultry products, livestock and livestock products, milk and dairy
29 products or and aquaculture products.
30 (3) "Handler" means any person or organization who processes, packages,
31 resells, transports or stores organic food products or nonorganic food prod-
32 ucts.
33 (4) "Livestock" means cattle, swine, sheep, goats, ratites, domestic
34 cervidae and bison.
35 (5) "Organic certification seal" means the design approved by the direc-
36 tor and which when imprinted or affixed on labels, packages or products, or
37 used in advertising in any manner, shall signify that the standards and regu-
38 lations rules developed in accordance with the provisions of this chapter and
39 all other conditions of the provisions of this chapter have been met.
40 (6) "Organic food product" means any food product that is marketed using
41 the term organic, or any derivative of the term organic in its labeling or
42 advertising. Organic foods are those processed, packaged, transported and
2
1 stored to retain maximum nutritional value, without the use of artificial pre-
2 servatives, coloring or other additives, irradiation, or synthetic pesticides.
3 (7) "Organically grown food products" means food products grown in Idaho
4 which are produced without the use of synthetically compounded fertilizers,
5 pesticides, or growth regulators for a period not less than thirty-six (36)
6 months prior to harvest. Organically grown foods products are produced under
7 the standards and regulations rules established in accordance with the provi-
8 sions of this chapter and by other qualified agencies.
9 (8) "Person" means any individual, partnership, association, corporation,
10 or any organized group of persons whether incorporated or not.
11 (9) "Producer" means any person or organization who:
12 (a) Grows, raises or produces a food product; and
13 (b) Sells the food product as, or offers it for sale as, an organic food.
14 (10) "Vendor" means any person who sells organic food products to the con-
15 sumer or another vendor.
16 SECTION 3. That Section 22-1103, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 22-1103. ADMINISTRATION AND ENFORCEMENT -- RULES AND REGULATIONS --
19 ANNUAL LIST DISTRIBUTION. (1) The administration and enforcement of the provi-
20 sions of this chapter shall be under the director. The director is authorized,
21 in conformance with chapter 52, title 67, Idaho Code, to promulgate rules and
22 regulations concerning, but not limited to:
23 (1a) Standards for agricultural crops and livestock produced for sale as
24 organically grown food products.
25 (2b) Records required of organically crop and livestock grown food prod-
26 ucts producers.
27 (3c) The number of on-site inspections, announced and unannounced.
28 (4d) Chemical residue analysis of organically grown agricultural food
29 products and fees for conducting such analysis.
30 (5e) Certification of private laboratories to conduct chemical residue
31 analyses.
32 (6f) Standards that an agricultural producer must meet to be recognized
33 as a producer under the provisions of this chapter.
34 (7g) Development and distribution of the organic certification seal and
35 standards for its application for use on Idaho agricultural organically
36 grown food products.
37 (8h) Development and implementation of labeling standards.
38 (9i) Rules establishing organic standards for poultry and poultry prod-
39 ucts, livestock and livestock products, milk and dairy products or aqua-
40 culture products, which will be promulgated in consultation with the
41 appropriate agricultural or commodity organizations, as determined by the
42 director. No pending or temporary rule adopted by the department shall
43 become final and effective before the conclusion of the regular or special
44 legislative session at which the rule was submitted for review pursuant to
45 sections 67-5224 and 67-5291, Idaho Code.
46 (10j) Education. The director may not issue a certificate under the pro-
47 visions of this act chapter unless the applicant has met the requirements
48 imposed by the director to ensure the applicant understands the require-
49 ments and has the knowledge necessary for successful farming to comply
50 with the requirements of this chapter.
51 (k) Standards for health care and medical treatment for livestock quali-
52 fying as organically grown food products and for the prevention and con-
53 trol of infections or communicable diseases among such livestock.
3
1 (l) Standards for prohibitions against denial of health care for or medi-
2 cal treatment of livestock in order to obtain or retain organic certifica-
3 tion.
4 (2) An annual list of all certified organic producers, handlers and ven-
5 dors shall be distributed to state regulatory authorities, and to other per-
6 sons upon request.
7 SECTION 4. That Section 22-1105, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 22-1105. PROHIBITED REPRESENTATIONS. A producer, vendor or handler shall
10 not sell or resell or offer for sale or resale any food product with the rep-
11 resentation that the product is an organically grown food product if the pro-
12 ducer, vendor or handler knows, or has reason to know, that the food product
13 has not been grown, raised or produced as an organically grown food product as
14 defined in this chapter. Violations of this section shall be punishable as
15 provided in section 22-1104, Idaho Code.
16 SECTION 5. That Section 22-1106, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 22-1106. FEES -- ORGANIC FOOD PRODUCTS ADMINISTRATION ACCOUNT. The direc-
19 tor may adopt rules and regulations establishing a fee schedule that will pro-
20 vide for the recovery of the full cost of the certification program. Fees col-
21 lected pursuant to this section shall be deposited in the organic food prod-
22 ucts administration account which is hereby created in the dedicated fund of
23 the state treasury. Moneys in the account shall be used solely for carrying
24 out the provisions of this chapter and may be expended only pursuant to appro-
25 priation. The director may employ as many personnel as are necessary to carry
26 out the provisions of this chapter.
27 SECTION 6. That Section 22-1107, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 22-1107. ORGANIC FOOD ADVISORY COUNCIL. (1) There is hereby created in
30 the department of agriculture, the organic food advisory council which shall
31 consist of six seven (67) members who shall be appointed by the director. Four
32 (4) of the council members shall be nominated from the Idaho organic industry
33 and two (2) members shall be chosen at large by the director. One Organiza-
34 tions representing Idaho's organic food products industry shall nominate to
35 the director one (1) member and one (1) alternate for each vacancy on the
36 advisory council to represent the following categories of organic food prod-
37 ucts:
38 (a) Cereals, grains and legumes;
39 (b) Dairy and livestock;
40 (c) Forage and feed;
41 (d) Herbs; and
42 (e) Vegetables and row crops.
43 At least one (1) of the at large members shall be a purchaser, vendor or con-
44 sumer of organic food products, and one (1) at large member shall represent
45 conventional agriculture. Three (3) members of the council shall be originally
46 appointed for a term of two (2) years and three four (34) members of the coun-
47 cil shall be appointed for a term of three (3) years. Thereafter all terms
48 shall be for a period of three (3) years. If a vacancy occurs, the director
49 may appoint a replacement for the remainder of the term.
4
1 (2) The organic food advisory council shall advise the director on mat-
2 ters relating to administration of the provisions of this chapter. A majority
3 of the members of the council shall represent a quorum. The council shall meet
4 no less frequently than quarterly. If a vacancy occurs, the director may
5 appoint a replacement for the remainder of the term.
6 (3) Members of the council shall be compensated as provided in section
7 59-509(b), Idaho Code.
STATEMENT OF PURPOSE
RS10977C1
The purpose of this legislation is to make technical corrections and
provide rules relating to the health care of livestock and the
standards of organic certification. This legislation provides for the
distribution of an annual list of all certified organic producers,
handlers and venders. This legislation will also revise the membership
of the organic food advisory council to include one member and one
alternative for five categories of organic food products
FISCAL NOTE
NONE
CONTACT:
NAME: Senator Stennett
PHONE: (208) 332 1351
STATEMENT OF PURPOSE/FISCAL NOTE S 114