2003 Legislation
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HOUSE BILL NO. 129 – Potatoes, plant health certificate

HOUSE BILL NO. 129

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Daily Data Tracking History



H0129..................................................by AGRICULTURAL AFFAIRS
POTATOES - Amends existing law to provide that certain potatoes shall be
accompanied by a plant health certificate; to clarify the type of information
to be included with the certificate of inspection and plant health
certificate; to revise the standards of seed being imported into Idaho; to
provide for imported seed lots that exceed certain tolerances; and to clarify
restrictions for Idaho growers planting uncertified potatoes.
                                                                        
01/29    House intro - 1st rdg - to printing
01/30    Rpt prt - to Agric Aff
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 66-0-4
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring,
      Ringo, Roberts, Robison, Sali, Sayler, Schaefer(Schaefer), Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Tilman, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Boe, Jaquet, Rydalch, Mr. Speaker
    Floor Sponsor - Lake
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Agric Aff
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Williams
    Title apvd - to House
03/12    To enrol
03/13    Rpt enrol - Sp signed
03/14    Pres signed
03/17    To Governor
03/20    Governor signed
         Session Law Chapter 108
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 129
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POTATOES FOR PLANTING; AMENDING SECTION  22-503,  IDAHO  CODE,  TO
  3        PROVIDE  THAT CERTAIN POTATOES SHALL BE ACCOMPANIED BY A PLANT HEALTH CER-
  4        TIFICATE, TO CLARIFY THE TYPE OF INFORMATION TO BE INCLUDED WITH THE  CER-
  5        TIFICATE  OF  INSPECTION AND PLANT HEALTH CERTIFICATE, TO REVISE THE STAN-
  6        DARDS FOR SEED BEING IMPORTED INTO IDAHO, TO  PROVIDE  FOR  IMPORTED  SEED
  7        LOTS  THAT  EXCEED  CERTAIN  TOLERANCES, TO CLARIFY RESTRICTIONS FOR IDAHO
  8        GROWERS PLANTING UNCERTIFIED POTATOES AND TO DELETE UNNECESSARY VERBIAGE.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 22-503, Idaho Code, be, and the  same  is  hereby
 11    amended to read as follows:
                                                                        
 12        22-503.  POTATOES FOR PLANTING. (1) All potatoes offered for sale, sold or
 13    delivered  under contract or distributed into or within the state of Idaho for
 14    planting in the state of Idaho by any person from  any  state,  territory,  or
 15    country  shall  be  certified  and  shall  be  accompanied by a certificate of
 16    inspection including and a plant health certificate,  and  shall  include  the
 17    description of the grade, the findings of all inspections of each lot of seed,
 18    noting  the  name  and  amount  of any disease observed, and generation of the
 19    potatoes and shall show that the potatoes  were  packed,  sealed,  and  tagged
 20    under the certification standards of the state, territory, or country in which
 21    they  were  produced. The potatoes may not have a disease content that exceeds
 22    Seed being imported into Idaho shall meet or exceed  the  Idaho  certification
 23    standards  for the last generation of certified seed potatoes according to the
 24    Idaho rules of certification as authorized under chapter 15, title  22,  Idaho
 25    Code.  Imported  seed lots that exceed tolerances for that specific generation
 26    required for Idaho seed, shall be downgraded to the next acceptable generation
 27    tolerances until rejection. Potatoes imported from any other  state,  country,
 28    or  territory shall be certified and also be in compliance with other applica-
 29    ble rules of the department pertaining to potatoes.
 30        (2)  Idaho growers shall be allowed to plant uncertified potatoes grown by
 31    them as a part of their farming operation provided that they are no more  than
 32    two  one (21) generations from their own certified parent seed potatoes. After
 33    January 1, 1997, Idaho growers shall only  be  allowed  to  plant  uncertified
 34    potatoes  grown by them provided that they are no more than one (1) generation
 35    from their own certified parent seed potatoes. Uncertified potatoes planted by
 36    Idaho growers as provided for under this section must comply with all  testing
 37    and any other conditions as set forth under this chapter and any rules promul-
 38    gated pursuant to this chapter.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12539
The purpose of this legislation is to ament Title 22, Chapter 5,
Idaho Code, to require that all potatoes offered for sale, sold
or delivered under contract into or within the state of Idaho for
planting in the state be accompanied by a "plant health
certificate."  This certificate shows the generational history of
the seed and the results of the growing season inspections as far
as pests and diseases are concerned.  The existing act already
requires a "certificate of inspection," however, that certificate
only shows the quality, grade and condition of the seed potatoes
at the time of purchase.  The most commonly used plant health
certificate will be the "North American Certified Seed Potato
Health Certificate" used by all of the seed potato certification
agencies (in Idaho the Idaho Crop Improvement Association
(ICIA)).  The Idaho Crop Improvement Association will routinely
issue this certificate for all seed potato lots that they
inspect, beginning in 2003.  Purchasers of seed potatoes will now
have access to the full inspection history of any seed potatoes
that they buy.  This legislation also requires that incoming seed
potatoes meet the same disease tolerances for a particular
generation as required by Idaho standards set forth by ICIA or be
down-graded to the next equivalent generation according to Idaho
standards.  The legislation clarifies where uncertified seed can
be planted and performs housekeeping by eliminating some outdated
language.
                          FISCAL IMPACT
This legislation does not have any direct fiscal impact.  All of
the certificates mentioned are already available to seed
producers to give to their customers and are required as part of
a certification process governed by other laws and rules.  In
some states there may be a charge for the plant health
certificates that will vary from state to state.  In most states
the certificate is covered as part of the charges for the seed
potato certification process itself.


Contact
Name: Representative Dennis Lake 
Phone:  




STATEMENT OF PURPOSE/FISCAL NOTE                       H 12