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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 - 2002
IN 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 than three ten 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
11 no less frequently than quarterly at 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