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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
|||| 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.
|||| 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".
|||| 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
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