2001 Legislation
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SENATE BILL NO. 1144 – Dairy Farms, reports

SENATE BILL NO. 1144

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S1144aa,aa..........................................by AGRICULTURAL AFFAIRS
DAIRY FARMS - Amends existing law to require the Department of Agriculture
to provide a copy of the nutrient management plan to the board of county
commissioners of the county in which the dairy farm is located; to provide
for bovine animal unit count reports; to provide for verification of the
reports by the inspection of the county or Department of Agriculture; to
provide for public disclosure of certain records; and to require the
Department of Agriculture to provide copies of all findings, conclusions
and reports resulting from certain examinations and inspections to the
board of county commissioners of the county in which the dairy farm is
located, if requested by the county commissioners.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Agric Aff
02/20    Rpt out - to 14th Ord
02/22    Rpt out amen - to engros
02/23    Rpt engros - 1st rdg - to 2nd rdg as amen
02/26    2nd rdg - to 3rd rdg as amen
03/02    3rd rdg as amen - Referred to 14th Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/12    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - FAILED - 14-19-2
      AYES--Andreason, Bunderson, Cameron, Danielson, Dunklin, Hawkins,
      Noh, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Whitworth
      NAYS-- Boatright, Branch(Bartlett), Brandt, Burtenshaw, Darrington,
      Davis, Deide, Frasure, Geddes, Goedde, Ingram, Keough, King-Barrutia,
      Lee, Lodge, Richardson, Thorne, Wheeler, Williams
      Absent and excused--Ipsen, Sims
    Floor Sponsor -- Sandy
    Filed w/ Office of the Secretary of the Senate

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1144
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SANITARY INSPECTION OF DAIRY PRODUCTS;  AMENDING  SECTION  37-401,
  3        IDAHO  CODE, TO PROVIDE FOR REPORTS, TO REQUIRE THE DEPARTMENT OF AGRICUL-
  4        TURE TO PROVIDE A COPY OF THE NUTRIENT MANAGEMENT PLAN  TO  THE  BOARD  OF
  5        COUNTY  COMMISSIONERS OF THE COUNTY IN WHICH THE DAIRY FARM IS LOCATED, TO
  6        REQUIRE INITIAL AND ANNUAL TOTAL BOVINE ANIMAL UNIT COUNT REPORTS, TO PRO-
  7        VIDE FOR VERIFICATION OF THE ANIMAL UNIT COUNT REPORTS BY  THE  INSPECTION
  8        OF  THE  COUNTY OR DEPARTMENT OF AGRICULTURE, TO REITERATE THAT DAIRY MILK
  9        PRODUCTION RECORDS ARE EXEMPT FROM PUBLIC DISCLOSURE, TO PROVIDE FOR  PUB-
 10        LIC  DISCLOSURE OF TOTAL ANIMAL UNIT COUNT INFORMATION AND TO MAKE TECHNI-
 11        CAL CORRECTIONS; AMENDING SECTION  37-403,  IDAHO  CODE,  TO  REQUIRE  THE
 12        DEPARTMENT  OF  AGRICULTURE TO PROVIDE COPIES OF ALL FINDINGS, CONCLUSIONS
 13        AND REPORTS RESULTING FROM CERTAIN EXAMINATIONS  AND  INSPECTIONS  TO  THE
 14        BOARD  OF  COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE DAIRY FARM SUB-
 15        JECT TO THE EXAMINATION OR INSPECTION IS LOCATED.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION 1.  That Section 37-401, Idaho Code, be, and the  same  is  hereby
 18    amended to read as follows:
                                                                        
 19        37-401.  INSPECTIONS,  EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
 20    -- DAIRY FARMS -- NUTRIENT MANAGEMENT  PLANS  REQUIRED  --  REPORTS.  (1)  The
 21    director of the department of agriculture is hereby authorized and directed to
 22    designate  any agent to inspect, examine and test any or all dairy products in
 23    accordance with rules as the department may prescribe; and  to  ascertain  and
 24    certify  the  grade, classification, quality or sanitary condition thereof and
 25    other pertinent facts as the department may require. The director or agent  of
 26    the  department  of  agriculture  of  the  state  of Idaho shall make sanitary
 27    inspection of milk, cream, butter and dairy products of any  kind  whatsoever,
 28    intended for human consumption, and of containers, utensils, equipment, build-
 29    ings,  premises  or  anything whatsoever employed in the production, handling,
 30    storing, processing or manufacturing of dairy products or  that  would  affect
 31    the  purity of the products. Inspections, examinations and tests shall be made
 32    to meet the requirements of the laws of the state and of the United States for
 33    the sale of the products or their transportation in both intrastate and inter-
 34    state commerce. Any agent designated by the director to make inspections shall
 35    have the right for that purpose to enter  any  premises  and  buildings  where
 36    milk,  cream, butter or dairy products shall be produced, stored, processed or
 37    manufactured.  Acting in accord with rules of the department, the director  or
 38    agent of the department shall review plans and specifications for construction
 39    of  new,  modified  or  expanded  waste  systems and inspect any dairy farm to
 40    ascertain and certify sanitary conditions, waste systems and milk quality. The
 41    director or agent shall issue a permit authorizing the sale of milk for  human
 42    consumption to all dairy farms that meet the requirements of this chapter, and
 43    rules promulgated pursuant to this chapter.
                                                                        
                                           2
                                                                        
  1        (2)  All dairy farms shall have a nutrient management plan approved by the
  2    department.  Existing  dairy  farms shall submit a nutrient management plan to
  3    the department on or before July 1, 2001. Any new dairy farms or  dairy  farms
  4    that  change  owners  or operators  shall have an approved nutrient management
  5    plan on file with the department prior to the issuance of the milk permit  for
  6    that dairy. The nutrient management plan shall be implemented upon approval of
  7    the  plan by the department. The department shall provide a copy of the nutri-
  8    ent management plan to the board of county  commissioners  of  the  county  in
  9    which the dairy farm is located.
 10        (3)  All dairies shall submit an initial, and thereafter an annual, report
 11    to  the  board  of  county  commissioners  of the county in which the dairy is
 12    located and to the Idaho state department of agriculture which sets forth  its
 13    total  count  for  all bovine located within the boundaries of the dairy farm,
 14    said count to be specifically set forth by animal unit, as defined  in  7  CFR
 15    1940.312(c)(9) and 40 CFR 122, Appendix B. A board of county commissioners and
 16    the  Idaho state department of agriculture, or their designees, shall be enti-
 17    tled to verify the animal unit count set forth in any initial or annual report
 18    by inspection of the dairy premises  at  all  reasonable  times.  The  initial
 19    report  shall  be  filed  by  any new dairy farm, or a dairy farm that changes
 20    owners or operators, at the time the farm applies for issuance of a milk  per-
 21    mit.  Thereafter  for  new  dairy farms, and for all existing dairy farms, the
 22    annual report shall be due on or before January 1 of each and every year.  All
 23    dairy  milk  production  records are exempt from public disclosure pursuant to
 24    the provisions of chapter 3, title 9, Idaho Code. The total bovine animal unit
 25    count information submitted pursuant to the initial or annual reports provided
 26    for in this section shall be subject to public disclosure pursuant to  chapter
 27    3, title 9, Idaho Code.
                                                                        
 28        SECTION  2.  That  Section  37-403, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        37-403.  BASIS FOR ISSUANCE OR REVOCATION OF LICENSES  OR  PERMITS.  When-
 31    ever,  under  any law of this state or rule, the director of the department of
 32    agriculture or any agent is required to inspect dairy farms  and  dairy  waste
 33    systems  for  compliance with rules prescribed by the department, or determine
 34    the sanitary condition of anything referred to in section 37-401, Idaho  Code,
 35    or  the  purity  of  milk, cream, butter, or other dairy products intended for
 36    human consumption, the director shall make or cause to be made an  examination
 37    and  inspection  and shall report his findings and conclusions. The department
 38    shall provide copies of all findings, conclusions and reports  resulting  from
 39    any  examination  or  inspection  to  the board of county commissioners of the
 40    county in which the dairy farm subject to the  examination  or  inspection  is
 41    located.  When  the  issuance  or the revoking of any license or permit by the
 42    department of agriculture is required to be made after an inspection involving
 43    waste systems, milk quality, and sanitary conditions and purity for human con-
 44    sumption of any milk, cream, butter, or other dairy products, the issuance  or
 45    revocation  of  license or permit shall be based upon the report or reports so
 46    made by the director. The duration of such  revocation shall be determined  by
 47    the  director.  For  violations  regarding  waste systems the department shall
 48    allow the dairy farm's milk to be processed, provided the milk  meets  quality
 49    standards.  The  value  of the milk sold by the violator during the revocation
 50    shall be remitted to the county where the violation occurred  for  deposit  in
 51    the  county  current  expense  fund. The amount remitted to the county current
 52    expense fund shall be less processor expenses associated with the  procurement
 53    of the milk.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Sandy               
                                                                        
                                                     Seconded by Hawkins             
                                                                        
                                                                        
                                       IN THE SENATE
                       SENATE AMENDMENT TO S.B. NO. 1144, AS AMENDED
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the engrossed bill, in line  11,  delete  "All"  and  insert:
  3    "There  is  hereby granted to the board of county commissioners of each of the
  4    several counties of this state  the  right  and  authority,  at  the  county's
  5    option,  to require"; and also in line 11, delete "shall" and insert: "to"; in
  6    line 16, delete "A" and insert: "If the county  has  exercised  the  authority
  7    granted  in this section, a"; and in line 19, delete "The" and insert: "If the
  8    county has exercised the authority granted in this section, the".
                                                                        
  9                                 CORRECTION TO TITLE
 10        On page 1, in line 6, delete "REQUIRE" and insert: "PROVIDE FOR".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                        SENATE BILL NO. 1144, As Amended, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SANITARY INSPECTION OF DAIRY PRODUCTS;  AMENDING  SECTION  37-401,
  3        IDAHO  CODE, TO PROVIDE FOR REPORTS, TO REQUIRE THE DEPARTMENT OF AGRICUL-
  4        TURE TO PROVIDE A COPY OF THE NUTRIENT MANAGEMENT PLAN  TO  THE  BOARD  OF
  5        COUNTY  COMMISSIONERS  OF THE COUNTY IN WHICH THE DAIRY FARM IS LOCATED IF
  6        REQUESTED BY THE COUNTY COMMISSIONERS, TO PROVIDE FOR INITIAL  AND  ANNUAL
  7        TOTAL BOVINE ANIMAL UNIT COUNT REPORTS, TO PROVIDE FOR VERIFICATION OF THE
  8        ANIMAL UNIT COUNT REPORTS BY THE INSPECTION OF THE COUNTY OR DEPARTMENT OF
  9        AGRICULTURE,  TO  REITERATE  THAT DAIRY MILK PRODUCTION RECORDS ARE EXEMPT
 10        FROM PUBLIC DISCLOSURE, TO PROVIDE FOR PUBLIC DISCLOSURE OF  TOTAL  ANIMAL
 11        UNIT COUNT INFORMATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
 12        37-403,  IDAHO  CODE,  TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO PROVIDE
 13        COPIES OF ALL FINDINGS, CONCLUSIONS AND  REPORTS  RESULTING  FROM  CERTAIN
 14        EXAMINATIONS  AND  INSPECTIONS TO THE BOARD OF COUNTY COMMISSIONERS OF THE
 15        COUNTY IN WHICH THE DAIRY FARM SUBJECT TO THE EXAMINATION OR INSPECTION IS
 16        LOCATED IF REQUESTED BY THE COUNTY COMMISSIONERS.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION 1.  That Section 37-401, Idaho Code, be, and the  same  is  hereby
 19    amended to read as follows:
                                                                        
 20        37-401.  INSPECTIONS,  EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
 21    -- DAIRY FARMS -- NUTRIENT MANAGEMENT  PLANS  REQUIRED  --  REPORTS.  (1)  The
 22    director of the department of agriculture is hereby authorized and directed to
 23    designate  any agent to inspect, examine and test any or all dairy products in
 24    accordance with rules as the department may prescribe; and  to  ascertain  and
 25    certify  the  grade, classification, quality or sanitary condition thereof and
 26    other pertinent facts as the department may require. The director or agent  of
 27    the  department  of  agriculture  of  the  state  of Idaho shall make sanitary
 28    inspection of milk, cream, butter and dairy products of any  kind  whatsoever,
 29    intended for human consumption, and of containers, utensils, equipment, build-
 30    ings,  premises  or  anything whatsoever employed in the production, handling,
 31    storing, processing or manufacturing of dairy products or  that  would  affect
 32    the  purity of the products. Inspections, examinations and tests shall be made
 33    to meet the requirements of the laws of the state and of the United States for
 34    the sale of the products or their transportation in both intrastate and inter-
 35    state commerce. Any agent designated by the director to make inspections shall
 36    have the right for that purpose to enter  any  premises  and  buildings  where
 37    milk,  cream, butter or dairy products shall be produced, stored, processed or
 38    manufactured.  Acting in accord with rules of the department, the director  or
 39    agent of the department shall review plans and specifications for construction
 40    of  new,  modified  or  expanded  waste  systems and inspect any dairy farm to
 41    ascertain and certify sanitary conditions, waste systems and milk quality. The
 42    director or agent shall issue a permit authorizing the sale of milk for  human
 43    consumption to all dairy farms that meet the requirements of this chapter, and
                                                                        
                                           2
                                                                        
  1    rules promulgated pursuant to this chapter.
  2        (2)  All dairy farms shall have a nutrient management plan approved by the
  3    department.  Existing  dairy  farms shall submit a nutrient management plan to
  4    the department on or before July 1, 2001. Any new dairy farms or  dairy  farms
  5    that  change  owners  or  operators shall have an approved nutrient management
  6    plan on file with the department prior to the issuance of the milk permit  for
  7    that dairy. The nutrient management plan shall be implemented upon approval of
  8    the  plan by the department. The department shall provide a copy of the nutri-
  9    ent management plan to the board of county  commissioners  of  the  county  in
 10    which the dairy farm is located, if requested by the county commissioners.
 11        (3)  There  is hereby granted to the board of county commissioners of each
 12    of the several counties of this state the right and authority, at the county's
 13    option, to require dairies to submit an initial,  and  thereafter  an  annual,
 14    report  to  the board of county commissioners of the county in which the dairy
 15    is located and to the Idaho state department of agriculture which  sets  forth
 16    its  total  count  for  all  bovine located within the boundaries of the dairy
 17    farm, said count to be specifically set forth by animal unit, as defined in  7
 18    CFR 1940.312(c)(9) and 40 CFR 122, Appendix B. If the county has exercised the
 19    authority  granted  in  this  section, a board of county commissioners and the
 20    Idaho state department of agriculture, or their designees, shall  be  entitled
 21    to  verify  the animal unit count set forth in any initial or annual report by
 22    inspection of the dairy premises at all reasonable times. If  the  county  has
 23    exercised  the  authority granted in this section, the initial report shall be
 24    filed by any new dairy farm, or a dairy farm that changes owners or operators,
 25    at the time the farm applies for issuance of a milk permit. Thereafter for new
 26    dairy farms, and for all existing dairy farms, the annual report shall be  due
 27    on  or  before  January  1  of  each and every year. All dairy milk production
 28    records are exempt from public disclosure pursuant to the provisions of  chap-
 29    ter  3,  title  9,  Idaho Code. The total bovine animal unit count information
 30    submitted pursuant to the initial or annual reports provided for in this  sec-
 31    tion  shall  be  subject  to public disclosure pursuant to chapter 3, title 9,
 32    Idaho Code.
                                                                        
 33        SECTION 2.  That Section 37-403, Idaho Code, be, and the  same  is  hereby
 34    amended to read as follows:
                                                                        
 35        37-403.  BASIS  FOR  ISSUANCE  OR REVOCATION OF LICENSES OR PERMITS. When-
 36    ever, under any law of this state or rule, the director of the  department  of
 37    agriculture  or  any  agent is required to inspect dairy farms and dairy waste
 38    systems for compliance with rules prescribed by the department,  or  determine
 39    the  sanitary condition of anything referred to in section 37-401, Idaho Code,
 40    or the purity of milk, cream, butter, or other  dairy  products  intended  for
 41    human  consumption, the director shall make or cause to be made an examination
 42    and inspection and shall report his findings and conclusions.  The  department
 43    shall  provide  copies of all findings, conclusions and reports resulting from
 44    any examination or inspection to the board  of  county  commissioners  of  the
 45    county  in  which  the  dairy farm subject to the examination or inspection is
 46    located, if requested by the county commissioners. When the  issuance  or  the
 47    revoking of any license or permit by the department of agriculture is required
 48    to be made after an inspection involving waste systems, milk quality, and san-
 49    itary  conditions and purity for human consumption of any milk, cream, butter,
 50    or other dairy products, the issuance or revocation of license or permit shall
 51    be based upon the report or reports so made by the director. The  duration  of
 52    such  revocation shall be determined by the director. For violations regarding
 53    waste  systems  the  department  shall allow the dairy farm's milk to be proc-
                                                                        
                                           3
                                                                        
  1    essed, provided the milk meets quality standards. The value of the  milk  sold
  2    by  the  violator  during the revocation shall be remitted to the county where
  3    the violation occurred for deposit in the county  current  expense  fund.  The
  4    amount  remitted  to  the  county current expense fund shall be less processor
  5    expenses associated with the procurement of the milk.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                             RS 11106
                                 
*To require the Department of Agriculture to provide a copy of

the nutrient management plan to the board of county commissioners
of the county in which the dairy farm is located, to require
initial and annual total animal unit count reports, to provide for
verification of the animal unit count reports by the inspection of
the county or Department of Agriculture.







*None

















Contact
       Name: Senator John Sandy
       Phone:
       332 1305
                          FISCAL IMPACT