2002 Legislation
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HOUSE BILL NO. 526 – Agriculture dept director, duties


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H0526...............................................by AGRICULTURAL AFFAIRS
AGRICULTURE DEPARTMENT - DIRECTOR - Amends existing law to clarify the
powers and duties of the director of the Department of Agriculture
regarding the protection of public health and safety.
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Agric Aff

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 526
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION  1.  That  Section  22-103, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
  7        22-103.  DUTIES OF DIRECTOR. The director of the department of agriculture
  8    shall execute the powers and discharge the duties vested by law in him  or  in
  9    the department, including, but not limited to, the following:
 10        (1)  Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and
 11    evaluate the performance of all employees of the department.
 12        (2)  Designate employees for special assignment, office or function as the
 13    needs of the department may require.
 14        (3)  Acquire,  generate, develop and disseminate information and data con-
 15    cerning agricultural pursuits, productivity and product quality.
 16        (4)  Encourage and promote in every practical manner  that  is  consistent
 17    with the protection of the public health and safety, the interests of agricul-
 18    ture, horticulture, apiculture, aquaculture, the livestock industries, poultry
 19    and fowl raising, wool and fur-bearing animals and their allied industries.
 20        (5)  Assist,  encourage  and  promote  the organization of farmers' insti-
 21    tutes, agricultural, horticultural, management or  cooperative  societies  and
 22    organizations for the benefit of agricultural pursuits in this state.
 23        (6)  Promote  improved methods of production, storage, sales and marketing
 24    of agricultural industries.
 25        (7)  Establish and promulgate standards of construction, use  and  sanita-
 26    tion of open and closed receptacles for farm products, and standards for grade
 27    or other classification of farm products.
 28        (8)  Prescribe  and  promulgate  rules governing marks, brands and labels,
 29    and the registration thereof, for use upon receptacles for farm products.
 30        (9)  Promote, in the interest of the public, economical and efficient  use
 31    of  products and commodities used in the production of agricultural, horticul-
 32    tural, meats and other products and farm commodities and their distribution.
 33        (10) Cooperate with producers, processors and consumers  in  devising  and
 34    maintaining economical and efficient systems of distribution, and to assist in
 35    the reduction of waste and expense incidental to the marketing of agricultural
 36    products.
 37        (11) Gather  and diffuse timely information and statistics concerning sup-
 38    ply, demand, prevailing prices and commercial movement of  agricultural  prod-
 39    ucts.
 40        (12) Maintain  a  market  news  service,  including information concerning
 41    crops, freight rates, commission rates and such other information as may be of
 42    service to producers and consumers, and to act as a clearinghouse for informa-
 43    tion between producers and consumers.
  1        (13) Cooperate with the secretary, colleges and  universities,  experiment
  2    stations,  and other agencies which cooperate in devising, research and devel-
  3    opment and utilization  of improved agricultural production and other  activi-
  4    ties.
  5        (14) Investigate  the practices, methods of factors, management techniques
  6    of commission merchants, track buyers and others who  receive,  solicit,  buy,
  7    sell,  handle  on commission or otherwise, or deal in grains, eggs, livestock,
  8    vegetables or other products used as human foods, to the end that distribution
  9    of such commodities through such factors, commission merchants,  track  buyers
 10    and  others  be  efficiently  and  economically accomplished without hardship,
 11    waste or fraud.
 12        (15) Enter and inspect any right-of-way of any irrigation canal,  railway,
 13    public  highway,  field,  orchard,  nursery, fruit or vegetable packing house,
 14    store room, sales room, storage facility, depot or other  place  where  fruits
 15    and  vegetables  are  grown  or  stored  and to inspect fruits, trees, plants,
 16    vines, shrubs or other articles within the state, and if such places or  arti-
 17    cles  are  infested  with  pests, insects or their eggs or larvae, or with any
 18    contagious or transmittable diseases injurious to  plant  life,  to  abate  or
 19    eradicate the same as a nuisance.
 20        (16) Provide  treatment for and prevent the spread of infectious or commu-
 21    nicable diseases among bees, livestock, fur-bearing animals or  domestic  ani-
 22    mals  through  the systematic and periodic inspection, testing or treatment of
 23    such bees and animals at the expense of the owner thereof.
 24        (17) Protect the livestock interests of the state from losses due to  dis-
 25    ease  or  hazards to animal health and communicable to humans through agricul-
 26    tural products.
 27        (18) Maintain recording of earmarks, eartags or  other  identifying  marks
 28    not covered under any other provisions of law.
 29        (19) Purchase,  lease,  hold, sell, and dispose of real and personal prop-
 30    erty of the department when, in the judgment of the  director,  such  transac-
 31    tions promote the purposes for which the department is established.
 32        (20) Contract  with  any state agency, federal agency or agency of another
 33    state concerning any matter, program or cooperative effort  within  the  scope
 34    and jurisdiction of its authority pursuant to law.
 35        (21) Assist  in  the  improvement of country life, farm occupations and to
 36    cooperate in effectuating equality of opportunity of those employed  in  agri-
 37    cultural pursuits in the state of Idaho.
 38        (22) Investigate  diseases,  contamination of livestock and poultry, agri-
 39    cultural, horticultural, and farm products, suspected to be infected  or  con-
 40    taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan-
 41    ical  or  other  disease-producing  agents,  or carrying a residue of any such
 42    disease-producing agent or chemical in excess of any tolerance established  by
 43    federal  or  state  law or regulation and to examine, conduct tests, and issue
 44    "hold orders" on any livestock, poultry, agricultural, horticultural  or  farm
 45    products  as deemed necessary to effectuate a diagnosis of disease, contamina-
 46    tion or chemical level to safeguard and protect animal and man. And  addition-
 47    ally,  authorize and implement a predator control program on state and private
 48    lands using any kind of toxic material or substance suitable for such purpose.
 49    Any toxic material or substance shall be approved for use by the director.  In
 50    order  to carry out the provisions of this subsection (22), the director shall
 51    prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.
 52        (23) Prescribe by rule an interest charge which may  be  assessed  on  all
 53    accounts  which are thirty (30) days past due from the initial billing date or
 54    the assessment due date. The interest rate charged  shall  not  exceed  twelve
 55    percent (12%) per annum.
  1        (24) To  take  all  steps that are deemed necessary to prevent and control
  2    damage  or conflicts on federal, state,  or  other  public  or  private  lands
  3    caused by predatory animals, rodents, or birds, including threatened or endan-
  4    gered  wildlife  within  the  state  of Idaho as are established by federal or
  5    state law, federal or state regulation, or county ordinance, that are  injuri-
  6    ous  to  animal  husbandry,  agriculture, horticulture, forestry, wildlife and
  7    human health and safety.
  8        (25) To administer oaths, certify to all official acts  and  subpoena  any
  9    person  in  this state as a witness; to compel through subpoena the production
 10    of books, papers, and records; and to take the  testimony  of  any  person  on
 11    deposition in the same manner as prescribed by law in the procedure before the
 12    courts  of  this  state. A subpoena issued by the director shall extend to all
 13    parts of the state and may be served by any person authorized to  do  so.  All
 14    powers  of  the  director  enumerated  in this subsection (25) with respect to
 15    administering oaths, power of subpoena, and other powers in hearings  on  com-
 16    plaints  shall likewise be applicable to hearings held on applications for the
 17    issuance or renewal of licenses.
 18        (26) To appoint, as necessary, committees for the purpose of advising  the
 19    director  on  any and all matters relating to agricultural programs within the
 20    Idaho department of agriculture.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE

                           RS 11641

The purpose of this legislation is to clarify the duties of the 
director of the Department of Agriculture by adding language to 
include the protection of public health and safety.

                        FISCAL IMPACT

There is no fiscal impact to the general fund.

Name:	Rep. Wendy Jaquet
Phone:	332-1130