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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 - 2001IN 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 productsorand 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 andregu-37lationsrules 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 productsgrown in Idaho3 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 foodsproducts are produced under 6 the standards andregulationsrules 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 -- RULESAND 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 rulesand21regulationsconcerning, 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 organicallycrop and livestockgrown food prod- 25 ucts producers. 26 (3c) The number of on-site inspections, announced and unannounced. 27 (4d) Chemical residue analysis of organically grownagriculturalfood 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 agriculturalproducer 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 Idahoagriculturalorganically 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 thisactchapter unless the applicant has met the requirements 47 imposed by the director to ensure the applicantunderstands the require-48ments andhas the knowledge necessaryfor successful farmingto 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 rulesand regulationsestablishing 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 ofsixseven (67) members who shall be appointed by the director.Four31(4) of the council members shall be nominated from the Idaho organic industry32and two (2) members shall be chosen at large by the director. OneOrganiza- 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 largemembersshall be a purchaser, vendor or con- 43 sumer of organic food products, and one (1)at largemember shall represent 44 conventional agriculture. Three (3) members of the council shall be originally 45 appointed for a term of two (2) years andthreefour (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 may4appoint 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 - 2001Moved 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 - 2001IN 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 productsorand 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 andregu-38lationsrules 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 productsgrown in Idaho4 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 foodsproducts are produced under 7 the standards andregulationsrules 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 -- RULESAND 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 rulesand22regulationsconcerning, 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 organicallycrop and livestockgrown food prod- 26 ucts producers. 27 (3c) The number of on-site inspections, announced and unannounced. 28 (4d) Chemical residue analysis of organically grownagriculturalfood 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 agriculturalproducer 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 Idahoagriculturalorganically 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 thisactchapter unless the applicant has met the requirements 48 imposed by the director to ensure the applicantunderstands the require-49ments andhas the knowledge necessaryfor successful farmingto 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 rulesand regulationsestablishing 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 ofsixseven (67) members who shall be appointed by the director.Four32(4) of the council members shall be nominated from the Idaho organic industry33and two (2) members shall be chosen at large by the director. OneOrganiza- 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 largemembersshall be a purchaser, vendor or con- 44 sumer of organic food products, and one (1)at largemember shall represent 45 conventional agriculture. Three (3) members of the council shall be originally 46 appointed for a term of two (2) years andthreefour (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 may5appoint 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