2003 Legislation
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SENATE BILL NO. 1088 – CAFOs, reports/animal counts


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S1088..................................................by AGRICULTURAL AFFAIRS
CONFINED ANIMAL FEEDING OPERATIONS - Amends existing law to delete the word
"large" in county siting programs for confined animal feeding operations; and
to provide procedures, reports and animal counts for concentrated animal
feeding operations or confined animal feeding operations.
02/07    Senate intro - 1st rdg - to printing
02/10    Rpt prt - to Agric Aff

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                       IN THE SENATE
                                    SENATE BILL NO. 1088
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
 10    Be It Enacted by the Legislature of the State of Idaho:
 11        SECTION  1.  That  Section 67-6529, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
 15    granted  hereby  shall be construed to empower a board of county commissioners
 16    to enact any ordinance or resolution which deprives any owner of full and com-
 17    plete use of agricultural land for production  of  any  agricultural  product.
 18    Agricultural land shall be defined by local ordinance or resolution.
 19        (2)  Notwithstanding  any  provision  of  law  to the contrary, a board of
 20    county commissioners may enact ordinances and resolutions to regulate the sit-
 21    ing of large confined animal feeding operations and facilities, as they  shall
 22    be  defined  by  the board,provided however, that the definition of a confined
 23    animal feeding operation shall not be less  restrictive  than  the  definition
 24    contained in section 67-6529C, Idaho Code, including the approval or rejection
 25    of  sites  for  the operations and facilities. A board of county commissioners
 26    may reject a site regardless of the approval or rejection of  the  site  by  a
 27    state  agency.  A  board  of  county commissioners undertaking such regulation
 28    shall hold at least one (1) public hearing affording the public an opportunity
 29    to comment on each proposed site. Several sites may be considered at  any  one
 30    (1)  public  hearing.  Only members of the public with their primary residence
 31    within a one (1) mile radius of a proposed site may  provide  comment  at  the
 32    hearing.  However,  this  distance  may be increased by the board. A record of
 33    each hearing and comments received shall be made by the  board.  The  comments
 34    shall  be  duly  considered  by  the board when deciding whether to approve or
 35    reject a proposed site. A board of county  commissioners  with  a  process  in
 36    place  on  January  1,  2000,  for the siting of large confined animal feeding
 37    operations and facilities is exempt from the requirements of  this  subsection
 38    but may choose to operate under this subsection.
 39        (3)  A  board of county commissioners may require each concentrated animal
 40    feeding operation or confined animal feeding  operation  as  those  terms  are
 41    defined  in section 67-6529C, Idaho Code, to submit an initial, and thereafter
 42    an annual report to the board of county commissioners and to the  Idaho  state
 43    department  of agriculture, which sets forth its total count for all livestock
  1    or animals within the concentrated animal feeding operations or confined  ani-
  2    mal  feeding operations in the county, said count to be specifically set forth
  3    by animal unit, as defined in 7 CFR 1940.312(c)(9) and 40 CFR 122, appendix B.
  4    If the county has exercised the authority granted in this section, a board  of
  5    county  commissioners  and the Idaho state department of agriculture, or their
  6    designees, shall be entitled to verify the animal unit count set forth in  any
  7    initial  or  annual  report  by  inspection of the concentrated animal feeding
  8    operation or confined animal feeding operation at all reasonable times. If the
  9    county has exercised the authority granted in this section, the initial report
 10    shall be filed by any new concentrated animal feeding operation or  new   con-
 11    fined  animal  feeding operation or a concentrated animal feeding operation or
 12    confined animal feeding operation that changes owners or  operators.  Thereaf-
 13    ter, for new concentrated animal feeding operations or for new confined animal
 14    feeding  operations  the  annual report shall be due on or before January 1 of
 15    each and every year.
 16        SECTION 2.  That Section 22-103, Idaho Code, be, and the  same  is  hereby
 17    amended to read as follows:
 18        22-103.  DUTIES OF DIRECTOR. The director of the department of agriculture
 19    shall  execute  the powers and discharge the duties vested by law in him or in
 20    the department, including, but not limited to, the following:
 21        (1)  Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and
 22    evaluate the performance of all employees of the department.
 23        (2)  Designate employees for special assignment, office or function as the
 24    needs of the department may require.
 25        (3)  Acquire, generate, develop and disseminate information and data  con-
 26    cerning agricultural pursuits, productivity and product quality.
 27        (4)  Encourage  and  promote  in  every practical manner, the interests of
 28    agriculture, horticulture, apiculture, aquaculture, the livestock  industries,
 29    poultry and fowl raising, wool and fur-bearing animals and their allied indus-
 30    tries.
 31        (5)  Assist,  encourage  and  promote  the organization of farmers' insti-
 32    tutes, agricultural, horticultural, management or  cooperative  societies  and
 33    organizations for the benefit of agricultural pursuits in this state.
 34        (6)  Promote  improved methods of production, storage, sales and marketing
 35    of agricultural industries.
 36        (7)  Establish and promulgate standards of construction, use  and  sanita-
 37    tion of open and closed receptacles for farm products, and standards for grade
 38    or other classification of farm products.
 39        (8)  Prescribe  and  promulgate  rules governing marks, brands and labels,
 40    and the registration thereof, for use upon receptacles for farm products.
 41        (9)  Promote, in the interest of the public, economical and efficient  use
 42    of  products and commodities used in the production of agricultural, horticul-
 43    tural, meats and other products and farm commodities and their distribution.
 44        (10) Cooperate with producers, processors and consumers  in  devising  and
 45    maintaining economical and efficient systems of distribution, and to assist in
 46    the reduction of waste and expense incidental to the marketing of agricultural
 47    products.
 48        (11) Gather  and diffuse timely information and statistics concerning sup-
 49    ply, demand, prevailing prices and commercial movement of  agricultural  prod-
 50    ucts.
 51        (12) Maintain  a  market  news  service,  including information concerning
 52    crops, freight rates, commission rates and such other information as may be of
 53    service to producers and consumers, and to act as a clearinghouse for informa-
  1    tion between producers and consumers.
  2        (13) Cooperate with the secretary, colleges and  universities,  experiment
  3    stations,  and other agencies which cooperate in devising, research and devel-
  4    opment and utilization of improved agricultural production and  other  activi-
  5    ties.
  6        (14) Investigate  the practices, methods of factors, management techniques
  7    of commission merchants, track buyers and others who  receive,  solicit,  buy,
  8    sell,  handle  on commission or otherwise, or deal in grains, eggs, livestock,
  9    vegetables or other products used as human foods, to the end that distribution
 10    of such commodities through such factors, commission merchants,  track  buyers
 11    and  others  be  efficiently  and  economically accomplished without hardship,
 12    waste or fraud.
 13        (15) Enter and inspect any right-of-way of any irrigation canal,  railway,
 14    public  highway,  field,  orchard,  nursery, fruit or vegetable packing house,
 15    store room, sales room, storage facility, depot or other  place  where  fruits
 16    and  vegetables  are  grown  or  stored  and to inspect fruits, trees, plants,
 17    vines, shrubs or other articles within the state, and if such places or  arti-
 18    cles  are  infested  with  pests, insects or their eggs or larvae, or with any
 19    contagious or transmittable diseases injurious to  plant  life,  to  abate  or
 20    eradicate the same as a nuisance.
 21        (16) Provide  treatment for and prevent the spread of infectious or commu-
 22    nicable diseases among bees, livestock, fur-bearing animals or  domestic  ani-
 23    mals  through  the systematic and periodic inspection, testing or treatment of
 24    such bees and animals at the expense of the owner thereof.
 25        (17) Protect the livestock interests of the state from losses due to  dis-
 26    ease  or  hazards to animal health and communicable to humans through agricul-
 27    tural products. The director is authorized to regulate, as  deemed  necessary,
 28    commercial  livestock  truck  washing facilities. This includes permitting for
 29    the treatment or disposal, at any location, of any wash water generated by the
 30    facility. This subsection preempts Idaho department of environmental quality's
 31    authority to issue land application permits and to do plan  and  specification
 32    reviews under section 39-118, Idaho Code, for livestock truck wash facilities,
 33    but does not affect any other authority of the Idaho department of environmen-
 34    tal quality.
 35        (18) Maintain  recording  of  earmarks, eartags or other identifying marks
 36    not covered under any other provisions of law.
 37        (19) Purchase, lease, hold, sell, and dispose of real and  personal  prop-
 38    erty  of  the  department when, in the judgment of the director, such transac-
 39    tions promote the purposes for which the department is established.
 40        (20) Contract with any state agency, federal agency or agency  of  another
 41    state  concerning  any  matter, program or cooperative effort within the scope
 42    and jurisdiction of its authority pursuant to law.
 43        (21) Assist in the improvement of country life, farm  occupations  and  to
 44    cooperate  in  effectuating equality of opportunity of those employed in agri-
 45    cultural pursuits in the state of Idaho.
 46        (22) Investigate diseases, contamination of livestock and  poultry,  agri-
 47    cultural,  horticultural,  and farm products, suspected to be infected or con-
 48    taminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botan-
 49    ical or other disease-producing agents, or carrying  a  residue  of  any  such
 50    disease-producing  agent or chemical in excess of any tolerance established by
 51    federal or state law or regulation and to examine, conduct  tests,  and  issue
 52    "hold  orders"  on any livestock, poultry, agricultural, horticultural or farm
 53    products as deemed necessary to effectuate a diagnosis of disease,  contamina-
 54    tion  or chemical level to safeguard and protect animal and man. And addition-
 55    ally, authorize and implement a predator control program on state and  private
  1    lands using any kind of toxic material or substance suitable for such purpose.
  2    Any  toxic material or substance shall be approved for use by the director. In
  3    order to carry out the provisions of this subsection (22), the director  shall
  4    prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.
  5        (23) Prescribe  by  rule  an  interest charge which may be assessed on all
  6    accounts which are thirty (30) days past due from the initial billing date  or
  7    the  assessment  due  date.  The interest rate charged shall not exceed twelve
  8    percent (12%) per annum.
  9        (24) To take all steps that are deemed necessary to  prevent  and  control
 10    damage or conflicts on federal, state, or other public or private lands caused
 11    by  predatory  animals,  rodents, or birds, including threatened or endangered
 12    wildlife within the state of Idaho as are established by federal or state law,
 13    federal or state regulation, or county ordinance, that are injurious to animal
 14    husbandry, agriculture, horticulture, forestry, wildlife and human health  and
 15    safety.
 16        (25) To  administer  oaths,  certify to all official acts and subpoena any
 17    person in this state as a witness; to compel through subpoena  the  production
 18    of  books,  papers,  and  records;  and to take the testimony of any person on
 19    deposition in the same manner as prescribed by law in the procedure before the
 20    courts of this state. A subpoena issued by the director shall  extend  to  all
 21    parts  of  the  state and may be served by any person authorized to do so. All
 22    powers of the director enumerated in this  subsection  (25)  with  respect  to
 23    administering  oaths,  power of subpoena, and other powers in hearings on com-
 24    plaints shall likewise be applicable to hearings held on applications for  the
 25    issuance or renewal of licenses.
 26        (26) To  appoint, as necessary, committees for the purpose of advising the
 27    director on any and all matters relating to agricultural programs  within  the
 28    Idaho department of agriculture.
 29        (27) To  require  reports and conduct animal counts pursuant to subsection
 30    (3) of section 67-6529, Idaho Code, when so requested by  a  board  of  county
 31    commissioners.  The department may promulgate necessary rules by which to pro-
 32    vide these reports where the department must adhere to  individual or industry
 33    standards relating to biosecurity protocol, whichever standard is greater.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 12617C2
This measure gives local planning authorities the ability to
define the size of confined animal feeding operations for the
purpose of siting. It deletes reference to large CAFO's which was
not defined in the Idaho Code.  Further, it gives counties and
the Department of Agriculture the authority to verify the number
of cows on a confined animal feeding operation.  Finally, it
gives the Department of Agriculture the authority to promulgate
rules to ensure that bio hazards are not transmitted from one
farm to another by those performing the count.
                          FISCAL IMPACT

Name: Sen. Stennett  
Phone: 332-1351 
Sen. Noh, 332-1333

STATEMENT OF PURPOSE/FISCAL NOTE                      S 1088