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H0298..................................................by AGRICULTURAL AFFAIRS
AGRICULTURAL PRODUCTS - PROMOTION - Adds to existing law to authorize the
Department of Agriculture to promulgate rules relating to the promotion and
certification of Idaho agricultural products; to provide for certain fees
relating to voluntary services and programs; to affirm the authority and
rights of designated organizations in regard to certain identification marks;
to provide for the voluntary participation of designated organizations in
certain promotional and certification programs; and to provide that the Idaho
Department of Agriculture and designated organizations shall be exempt from
certain liability relating to participation in joint promotional activity.
S1011
02/25 House intro - 1st rdg - to printing
02/26 Rpt prt - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 61-0-9
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney,
Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(23), Gagner,
Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake, Langford,
Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Wills, Wood
NAYS -- None
Absent and excused -- Barrett, Bieter, Crow, Field(18), Kellogg,
McKague, Schaefer, Trail, Mr. Speaker
Floor Sponsor - Andersen
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to Agric Aff
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 29-1-5
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Compton,
Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough,
Little, Lodge, Malepeai, McKenzie, McWilliams, Noble, Noh, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- Calabretta
Absent and excused -- Burkett, Cameron, Davis, Marley, Sorensen
Floor Sponsor - Noble
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed
03/24 To Governor
03/27 Governor signed
Session Law Chapter 148
Effective: 05/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 298
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO IDAHO AGRICULTURAL PRODUCTS; AMENDING CHAPTER 1, TITLE 22, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 22-112, IDAHO CODE, TO AUTHORIZE
4 THE DEPARTMENT OF AGRICULTURE TO PROMULGATE RULES RELATING TO THE PROMO-
5 TION AND CERTIFICATION OF IDAHO AGRICULTURAL PRODUCTS, TO PROVIDE FOR CER-
6 TAIN FEES RELATING TO VOLUNTARY SERVICES AND PROGRAMS, TO AFFIRM THE
7 AUTHORITY AND RIGHTS OF DESIGNATED ORGANIZATIONS IN REGARD TO CERTAIN
8 IDENTIFICATION MARKS, TO PROVIDE FOR THE VOLUNTARY PARTICIPATION OF DESIG-
9 NATED ORGANIZATIONS IN CERTAIN PROMOTIONAL AND CERTIFICATION PROGRAMS AND
10 TO PROVIDE THAT THE IDAHO DEPARTMENT OF AGRICULTURE AND DESIGNATED ORGANI-
11 ZATIONS SHALL BE EXEMPT FROM CERTAIN LIABILITY RELATING TO PARTICIPATION
12 IN JOINT PROMOTIONAL ACTIVITY; DECLARING AN EMERGENCY AND PROVIDING AN
13 EFFECTIVE DATE.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Chapter 1, Title 22, Idaho Code, be, and the same is
16 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
17 ignated as Section 22-112, Idaho Code, and to read as follows:
18 22-112. PROMOTION AND CERTIFICATION OF IDAHO AGRICULTURAL PRODUCTS. (1)
19 Except as provided in subsection (2) of this section, the department of agri-
20 culture may promulgate rules in compliance with chapter 52, title 67, Idaho
21 Code, for the purpose of assisting others in the domestic and international
22 promotion and certification of Idaho agricultural products. Programs autho-
23 rized by this section are for the purpose of promoting Idaho agricultural
24 products and/or to certify that Idaho agricultural products meet required
25 standards in order to move in commerce. Programs authorized by this section
26 are to be funded by the assessment of fees directly related to the provision
27 of voluntary services and programs authorized and provided by rules adopted
28 pursuant to this section. Fees assessed and collected pursuant to rules
29 adopted according to this section shall be deposited in the agricultural
30 department inspection fund and subject to the provisions of section 22-105,
31 Idaho Code.
32 (2) Commissions, boards, associations, or other organizations authorized
33 by statute to promote or regulate agricultural products grown, packed, or
34 processed in the state of Idaho under Idaho law shall be the primary and prin-
35 cipal promotion and certification mark and trademark organizations for the
36 particular commodity they are authorized to promote or regulate. Any
37 trademarks, certification marks, brands, seals, logos or other identification
38 marks, whether registered or not, that are established, owned or used by such
39 commissions, boards, associations or organizations shall remain their sole
40 property, and any use or infringement of their ownership right is prohibited
41 unless written permission is obtained from an authorized representative of the
42 commission, board, association or organization.
2
1 (3) A commission, board, association or other organization referenced in
2 subsection (2) of this section may, upon a request to and acceptance by the
3 Idaho department of agriculture, participate in the promotion and certifica-
4 tion programs administered by the department, including the payment of fees as
5 required by rules adopted pursuant to subsection (1) of this section.
6 (4) Neither the Idaho department of agriculture, nor any agricultural
7 entity referenced in subsection (2) of this section, shall be responsible for
8 any negligent or other tortious act of the other while participating in a
9 joint promotional activity.
10 SECTION 2. An emergency existing therefor, which emergency is hereby
11 declared to exist, this act shall be in full force and effect on and after May
12 1, 2003.
STATEMENT OF PURPOSE
RS 13058
This Legislation adds Section 22-112 to Chapter 1, Title 22,
Idaho Code, and will grant the Idaho State Department of
Agriculture the authority to promulgate rules to support the
efforts of Idaho agricultural interests in the domestic and
international marketing of their products. Specifically, the
Department of Agriculture is authorized to develop voluntary
promotional and certification programs that are to be funded by
fees designed to assist Idaho agricultural interests to take
advantage of niche markets, specialty products, and identity
preserved products where additional documentation and government
certification is required. The promotional program is an Idaho
product identity campaign.
In order to avoid conflict with pre-existing trade marks,
certification marks, brands, logos, seals, etc., whether
registered or not, that are established, owned or used by other
state entities, this legislation specifically recognizes that the
Department is prohibited from using or infringing upon the
ownership rights of these other entities. However, should the
Department secure written permission from the other entity to use
these marks, they would be permitted to do so. It is recognized
that the Department's Idaho product identity campaign will
provide retail and food service outlets, farmers' markets,
schools, media, fairs, and other such organizations and venues
the opportunity to promote Idaho food and agricultural products
using the Department's Idaho product identity campaign logo. It
is not the intent of this legislation to restrict or prohibit in
any way the Department's ability to use and openly distribute
point-of-sale promotional materials and signage in their
promotions. The distribution, in accordance with this section
and other applicable laws and precedent, of signage, point-of-
sale, and other such promotional materials would be considered
acceptable use and not be considered an infringement on the
ownership rights of any mark or seal of an organization as
defined in 22-112 (2). Similarly, those agricultural entities
may jointly participate with the Department in the programs
authorized by this legislation if both entities agree to do so.
The legislation also makes it clear that neither the Department
nor an agricultural entity participating in a joint promotional
activity is responsible for the negligence of the other.
An emergency clause is included in this bill as the
promotional campaign will be ready to launch this summer and time
will be needed to negotiate the rules and recruit participants
into the program.
FISCAL IMPACT
There will be no impact to the general fund. Any fiscal impact
to Idaho producers will vary depending upon the program.
Contact
Name: Laura Johnson, ISDA
Phone: 332-8533
STATEMENT OF PURPOSE/FISCAL NOTE H 298