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S1065...............................................by AGRICULTURAL AFFAIRS
DAIRY FARMS - LIVESTOCK WASTE - Amends existing law to provide that a dairy
farm owner or operator who enters into an agreement with another person for
the receipt of the dairy farm's livestock waste shall state the terms of
the agreement and the names and addresses of the parties to the agreement
in a written contract, and shall submit the written contract together with
a nutrient management plan to the Department of Agriculture.
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. 1065
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 A DAIRY FARM OWNER OR OPERATOR WHO ENTERS INTO
4 AN AGREEMENT WITH ANOTHER PERSON FOR THE RECEIPT OF THE DAIRY FARM'S LIVE-
5 STOCK WASTE SHALL STATE THE TERMS OF THE AGREEMENT AND THE NAMES AND
6 ADDRESSES OF THE PARTIES TO THE AGREEMENT IN A WRITTEN CONTRACT, AND SHALL
7 SUBMIT THE WRITTEN CONTRACT TOGETHER WITH A NUTRIENT MANAGEMENT PLAN TO
8 THE DEPARTMENT OF AGRICULTURE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 37-401, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 37-401. INSPECTIONS, EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
13 -- DAIRY FARMS -- NUTRIENT MANAGEMENT PLANS REQUIRED. (1) The director of the
14 department of agriculture is hereby authorized and directed to designate any
15 agent to inspect, examine and test any or all dairy products in accordance
16 with rules as the department may prescribe; and to ascertain and certify the
17 grade, classification, quality or sanitary condition thereof and other perti-
18 nent facts as the department may require. The director or agent of the depart-
19 ment of agriculture of the state of Idaho shall make sanitary inspection of
20 milk, cream, butter and dairy products of any kind whatsoever, intended for
21 human consumption, and of containers, utensils, equipment, buildings, premises
22 or anything whatsoever employed in the production, handling, storing, process-
23 ing or manufacturing of dairy products or that would affect the purity of the
24 products. Inspections, examinations and tests shall be made to meet the
25 requirements of the laws of the state and of the United States for the sale of
26 the products or their transportation in both intrastate and interstate com-
27 merce. Any agent designated by the director to make inspections shall have the
28 right for that purpose to enter any premises and buildings where milk, cream,
29 butter or dairy products shall be produced, stored, processed or manufactured.
30 (2) Acting in accord with rules of the department, the director or agent
31 of the department shall review plans and specifications for construction of
32 new, modified or expanded waste systems and inspect any dairy farm to ascer-
33 tain and certify sanitary conditions, waste systems and milk quality. The
34 director or agent shall issue a permit authorizing the sale of milk for human
35 consumption to all dairy farms that meet the requirements of this chapter, and
36 rules promulgated pursuant to this chapter.
37 (3) All dairy farms shall have a nutrient management plan approved by the
38 department. Existing dairy farms shall submit a nutrient management plan to
39 the department on or before July 1, 2001.
40 (4) Any new dairy farms or dairy farms that change owners or operators
41 shall have an approved nutrient management plan on file with the department
42 prior to the issuance of the milk permit for that dairy. The nutrient manage-
43 ment plan shall be implemented upon approval of the plan by the department.
2
1 (5) A dairy farm owner or operator who enters into an agreement with
2 another person for the receipt of the dairy farm's livestock waste shall state
3 the terms of such agreement, and the names and addresses of the parties to the
4 agreement, in a written contract, and shall submit all such written contracts,
5 together with nutrient management plans, to the department.
STATEMENT OF PURPOSE
RS 10932
This legislation amends existing law to provide that
nutrient management plans submitted by dairy farms to the
Department of Agriculture shall include written contracts with
recipients of livestock waste.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Sen. Clint Stennett
Phone: (208) 332-1351
STATEMENT OF PURPOSE/FISCAL NOTE S 1065