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H0447...............................................by AGRICULTURAL AFFAIRS FOOD PRODUCTS - ORGANIC - Amends existing law to increase the maximum civil penalty for violation of the rules regarding organic food products; and to provide that the Organic Food Advisory Council shall meet at the call of the chairman or the director. 01/17 House intro - 1st rdg - to printing 01/18 Rpt prt - to Agric Aff 02/13 Rpt out - rec d/p - to 2nd rdg 02/14 2nd rdg - to 3rd rdg 02/18 3rd rdg - PASSED - 39-28-3 AYES -- Aikele, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Cuddy, Deal, Ellis, Field(13), Field(20), Gould, Henbest, Jaquet, Jones, Kellogg, Kunz, Lake, Langford, Martinez, Meyer, Montgomery, Mortensen, Pischner, Pomeroy, Ridinger, Robison, Sellman, Shepherd, Smith(33), Smylie, Stevenson, Stone, Trail, Wheeler, Young, Mr. Speaker NAYS -- Barraclough, Barrett, Bedke, Bruneel, Callister, Campbell, Collins, Denney, Ellsworth, Eskridge, Gagner, Hadley, Hammond, Harwood, Higgins, Hornbeck, Kendell, Loertscher, Mader, McKague, Moyle, Pearce, Raybould, Roberts, Sali, Schaefer, Tilman, Wood Absent and excused -- Clark, Crow, Smith(23) Floor Sponsor - Smith(33) Title apvd - to Senate 02/19 Senate intro - 1st rdg - to Agric Aff 03/04 Rpt out - rec d/p - to 2nd rdg 03/05 2nd rdg - to 3rd rdg 03/12 3rd rdg - PASSED - 31-4-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Goedde, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- Davis, Geddes, Hawkins, Hill Absent and excused -- None Floor Sponsor - Stennett Title apvd - to House 03/12 To enrol 03/13 Rpt enrol - Sp signed Pres signed 03/14 To Governor 03/19 Governor signed Session Law Chapter 88 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 447 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ORGANIC FOOD PRODUCTS; AMENDING SECTION 22-1104, IDAHO CODE, TO 3 INCREASE THE MAXIMUM CIVIL PENALTY AND TO MAKE A TECHNICAL CORRECTION; AND 4 AMENDING SECTION 22-1107, IDAHO CODE, TO PROVIDE THAT THE ORGANIC FOOD 5 ADVISORY COUNCIL SHALL MEET AT THE CALL OF THE CHAIRMAN OR THE DIRECTOR. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 22-1104, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 22-1104. VIOLATION OF RULES -- CIVIL PENALTY. Any person violating a rule 10 promulgated by the director to implement provisions of this chapter may be 11 assessed a civil penalty by the department or its duly authorized agent of not 12 more thanthreeten thousand dollars ($310,000) for each offense and shall be 13 liable for reasonable attorney's fees. Assessment of a civil penalty may be 14 made in conjunction with any other department administrative action. No civil 15 penalty may be assessed unless the person charged was given notice and oppor- 16 tunity for a hearing pursuant to the Idaho administrative procedure act, chap- 17 ter 52, title 67, Idaho Code. If the department is unable to collect such 18 civil penalty or if any person fails to pay all or a set portion of the civil 19 penalty as determined by the department, it may recover such amount by action 20 in the appropriate district court. Any person against whom the department has 21 assessed a civil penalty under this section may, within twenty-eight (28) days 22 of the final agency action making the assessment, seek judicial review of the 23 assessment in accordance with the provisions of chapter 52, title 67, Idaho 24 Code. 25 Moneys collected for violation of a rule or regulation shall be deposited 26 in the state treasury and credited to the organic food products administration 27 account of the department. 28 SECTION 2. That Section 22-1107, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 22-1107. ORGANIC FOOD ADVISORY COUNCIL. (1) There is hereby created in 31 the department of agriculture, the organic food advisory council which shall 32 consist of seven (7) members who shall be appointed by the director. 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. 2 1 At least one (1) member shall be a purchaser, vendor or consumer of organic 2 food products, and one (1) member shall represent conventional agriculture. 3 Three (3) members of the council shall be originally appointed for a term of 4 two (2) years and four (4) members of the council shall be appointed for a 5 term of three (3) years. Thereafter all terms shall be for a period of three 6 (3) years. If a vacancy occurs, the director may appoint a replacement for the 7 remainder of the term. 8 (2) The organic food advisory council shall advise the director on mat- 9 ters relating to administration of the provisions of this chapter. A majority 10 of the members of the council shall represent a quorum. The council shall meet 11no less frequently than quarterlyat the call of the chairman or the director. 12 (3) Members of the council shall be compensated as provided in section 13 59-509(b), Idaho Code.
STATEMENT OF PURPOSE RS 11441 Amend Section 22-1104, Idaho Code, to comply with the civil penalty provision of the National Organic Program (NOP). To comply with the NOP, it is proposed to increase the civil penalty from not more than three thousand dollars ($3,000) to not more than ten thousand dollars ($10,000) for each offense. Amend Section 22-1107, Idaho Code, requirement that the Organic Food Advisory Council shall meet not less frequently than quarterly to require that the Organic Food Advisory Council shall meet at the call of the chairman or the Director. The organic program is now well-established, and therefore, need not meet as often. FISCAL IMPACT We have not assessed any civil penalty for violation of our organic production rules. The increase in penalty should serve as a deterrent. It is projected that the proposed changes relating to the Organic Advisory Council meetings will result in a savings of $500 in travel expenses. CONTACT Name: Dr. Roger Vega Agency: Agriculture, Dept. of Phone: 332-8620 Statement of Purpose/Fiscal Impact H 447