Print Friendly HOUSE BILL NO. 526 – Agriculture dept director, duties
HOUSE BILL NO. 526
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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
|||| 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
2 RELATING TO AGRICULTURE; AMENDING SECTION 22-103, IDAHO CODE, TO CLARIFY THE
3 POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE.
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
37 (11) Gather and diffuse timely information and statistics concerning sup-
38 ply, demand, prevailing prices and commercial movement of agricultural prod-
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-
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
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.
There is no fiscal impact to the general fund.
Name: Rep. Wendy Jaquet
STATEMENT OF PURPOSE/FISCAL NOTE H 526