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H0677...............................................by AGRICULTURAL AFFAIRS AGRICULTURAL EQUIPMENT - Amends existing law to provide that certain agricultural equipment shall not be considered food establishments. 02/13 House intro - 1st rdg - to printing 02/16 Rpt prt - to Agric Aff 02/19 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/24 3rd rdg - PASSED - 65-0-5 AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood NAYS -- None Absent and excused -- Andersen, Eberle, Edmunson, Trail, Mr. Speaker Floor Sponsor - Bolz Title apvd - to Senate 02/25 Senate intro - 1st rdg - to Agric Aff 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/17 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 - Noble Title apvd - to House 03/18 To enrol - Rpt enrol - Sp signed 03/19 Pres signed - To Governor 03/23 Governor signed Session Law Chapter 185 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 677 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE REGULATION OF FOOD ESTABLISHMENTS; AMENDING SECTION 39-1602, 3 IDAHO CODE, TO PROVIDE THAT CERTAIN AGRICULTURAL EQUIPMENT SHALL NOT BE 4 CONSIDERED FOOD ESTABLISHMENTS AND TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 39-1602, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 39-1602. DEFINITIONS. As used in this chapter: 9 (1) "Food establishment" means those operations in the food business such 10 as, but not limited to, food processing establishments, canning factories, 11 salvage processing facilities, food service establishments, cold storage 12 plants, commissaries, warehouses, food vending machine operations and loca- 13 tion, caterers, mobile food units and retail food stores. Such operations 14 include all activities under the control of the license holder including prep- 15 aration, processing, storage, service, transportation vehicles, satellite 16 locations, divisions and departments, and remote feeding sites. The term 17 includes operations which are conducted in permanent, temporary or mobile 18 facilities or locations. It includes any food operation regardless of whether 19 consumption is on or off the premises and regardless of whether there is a 20 charge for the food. Individual divisions and departments on one (1) premises 21 and under common ownership shall as a whole be considered a single food estab- 22 lishment. The term "food establishment" does not include: 23 (a) Private homes where food is prepared or served for individual family 24 consumption; 25 (b) Fraternal, benevolent or nonprofit charitable organizations which do 26 not prepare or serve food on a regular basis. Food shall not be considered 27 to be served on a regular basis if the food is served for a period not to 28 exceed five (5) consecutive days on no more than three (3) occasions per 29 year for foods which are not potentially hazardous, or if the food is 30 served no more than one (1) meal a week for all other foods; 31 (c) Bed and breakfast establishments with ten (10) or fewer beds; 32 (d) Establishments which offer only factory-sealed foods that are not 33 potentially hazardous; and34 (e) Agricultural markets; and 35 (f) Agricultural equipment used for the extraction or harvest of an agri- 36 cultural product including, but not limited to, mint stills. 37 (2) "Potentially hazardous food" means any food or ingredient, natural or 38 synthetic, in a form capable of supporting the rapid and progressive growth of 39 infectious or toxigenic microorganisms or the slower growth of clostridium 40 botulinum. Included is any food of animal origin, either raw or heat treated 41 and any food of plant origin which has been heat treated or which is raw seed 42 sprouts; cut melons; and garlic and oil mixtures. The term "potentially haz- 43 ardous food" does not include: 2 1 (a) Air-dried hard-boiled eggs with shells intact; 2 (b) Foods with a water activity (aw) value of eighty-five hundredths 3 (0.85) or less; 4 (c) Foods with a pH (hydrogen ion concentration) level of four and six- 5 tenths (4.6) or below when measured at seventy-five (75) degrees Fahren- 6 heit; 7 (d) Foods in unopened hermetically-sealed containers which have been com- 8 mercially processed to achieve and maintain commercial sterility under 9 conditions of nonrefrigerated storage and distribution; 10 (e) Foods for which laboratory evidence, acceptable to the regulatory 11 authority, demonstrates that rapid and progressive growth of infectious 12 and toxigenic microorganisms or the slower growth of clostridium botulinum 13 cannot occur; 14 (f) Milk, half-and-half cream, butter products, frozen dairy desserts and 15 other fluid milk products, in the original unopened container; and 16 (g) Any other food items determined by the department of health and wel- 17 fare not to be potentially hazardous. 18 (3) "Regulatory authority" means the director of the Idaho department of 19 health and welfare or the director's designee.
STATEMENT OF PURPOSE RS 13878 The purpose of this legislation is to exempt those agricultural operations including, but not limited to mint stills, that extract or harvest agricultural products from being classified as a food processing facility. FISCAL IMPACT There is no known fiscal impact to the General Fund. Contact Name: Representative Darrell Bolz Phone: 332-1000 Name: Representative Mike Moyle Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 677