Print Friendly SENATE BILL NO. 1315 – Feed, horses/ruminants
SENATE BILL NO. 1315
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S1315...............................................by AGRICULTURAL AFFAIRS
FEED - HORSES/RUMINANTS - Adds to existing law to prohibit the use of
animal byproducts in the formulation of feed for ruminants and horses; to
authorize the Director of the Department of Agriculture to administer
certain provisions and to promulgate rules; to provide for certain
inspection, sampling and analysis; to provide for condemnation and
confiscation; to provide penalties for violations; to provide for
prosecution; to provide for injunctions; and to provide for the director's
cooperation with other entities.
02/13 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1315
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO FEED FOR RUMINANTS AND HORSES; AMENDING TITLE 25, IDAHO CODE, BY
3 THE ADDITION OF A NEW CHAPTER 18, TITLE 25, IDAHO CODE, TO PROHIBIT THE
4 USE OF ANIMAL BYPRODUCTS IN THE FORMULATION OF FEED FOR RUMINANTS AND
5 HORSES, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE TO
6 ADMINISTER CERTAIN PROVISIONS AND TO PROMULGATE RULES, TO PROVIDE FOR CER-
7 TAIN INSPECTION, SAMPLING AND ANALYSIS, TO PROVIDE FOR CONDEMNATION AND
8 CONFISCATION, TO PROVIDE PENALTIES FOR VIOLATIONS, TO PROVIDE FOR PROSECU-
9 TION, TO PROVIDE FOR INJUNCTIONS AND TO PROVIDE FOR THE DIRECTOR'S COOPER-
10 ATION WITH OTHER ENTITIES.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Title 25, Idaho Code, be, and the same is hereby amended
13 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
14 ter 18, Title 25, Idaho Code, and to read as follows:
15 CHAPTER 18
16 FEED FOR RUMINANTS AND HORSES
17 25-1801. FEED FOR RUMINANTS AND HORSES. In addition to requirements that
18 may apply to feed pursuant to the provisions of chapter 27, title 25, Idaho
19 Code, no animal byproducts shall be used in the formulation of feed, whether
20 commercial or private, for the feeding of ruminants or horses.
21 25-1802. ENFORCING OFFICIAL -- RULES. The provisions of this chapter
22 shall be administered by the director of the department of agriculture of the
23 state of Idaho, hereinafter referred to as the "director." The director is
24 authorized to promulgate such rules as may be necessary to carry into effect
25 the full intent and meaning of this chapter.
26 25-1803. INSPECTION, SAMPLING, ANALYSIS. (1) For the purpose of enforce-
27 ment of this chapter, and in order to determine whether its provisions have
28 been complied with, officers or employees duly designated by the director upon
29 presenting appropriate credentials, to the owner, operator, or agent in
30 charge, are authorized:
31 (a) To enter, during normal business hours, any factory, warehouse,
32 establishment, or building within the state in which feed for ruminants or
33 horses is manufactured, processed, formulated, packed, or held for distri-
34 bution, or to enter any vehicle being used to transport or hold such feed;
36 (b) To inspect, at reasonable times and within reasonable limits and in a
37 reasonable manner, such factory, warehouse, establishment, building or
38 vehicle and all pertinent equipment, finished and unfinished materials,
39 containers, and labeling therein.
40 The inspection shall include the verification of compliance with the provi-
1 sions of this chapter. Each inspection shall be commenced and completed with
2 reasonable promptness. Upon completion of the inspection, the person in charge
3 of the facility, building or vehicle shall be so notified.
4 (2) Sampling and analysis shall be conducted in accordance with generally
5 recognized scientific methods as determined by the director.
6 (3) If the owner of any factory, warehouse, establishment, or building
7 described in subsection (1) of this section, or authorized agent, refuses to
8 admit the director or an authorized agent to inspect in accordance with sub-
9 sections (1) and (4) of this section, the director is authorized to obtain
10 from any state court of competent jurisdiction a warrant directing such owner
11 or agent to submit the premises described in such warrant to inspection.
12 (4) For the enforcement of this chapter, the director or a duly autho-
13 rized agent is authorized to enter upon any public or private premises includ-
14 ing any vehicle of transport during regular business hours to have access to,
15 and to obtain samples, and to examine records relating to the formulation of
17 (5) The results of all analysis of samples obtained pursuant to the pro-
18 visions of this section shall be forwarded by the director to the owner or
19 agent of the facility, building or vehicle from which the sample was obtained.
20 25-1804. CONDEMNATION AND CONFISCATION. Any feed not in compliance with
21 the provisions of this chapter shall be subject to seizure on complaint of the
22 director to a court of competent jurisdiction in the area in which said feed
23 is located. In the event the court finds the said feed has been formulated in
24 violation of the provisions of this chapter and orders the condemnation of
25 said feed, the feed shall be disposed of in a manner as prescribed by the
27 25-1805. PENALTIES FOR VIOLATIONS. (1) Any person convicted of violating
28 any of the provisions of this chapter or the rules promulgated hereunder or
29 who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent
30 said director or a duly authorized agent in performance of their duty in con-
31 nection with the provisions of this chapter, shall be adjudged guilty of a
32 misdemeanor and shall be fined not more than five hundred dollars ($500) for
33 the first violation, and not more than one thousand five hundred dollars
34 ($1,500) for a subsequent violation. In all prosecutions under the provisions
35 of this chapter involving the composition of a lot of feed, a certified copy
36 of the analysis signed by the director shall be accepted as prima facie evi-
37 dence of the composition.
38 (2) Any person who violates or fails to comply with any of the provisions
39 of this chapter or any rules promulgated pursuant to the provisions of this
40 chapter may be assessed a civil penalty by the department or its duly autho-
41 rized agent of not more than five hundred dollars ($500) for each offense and
42 shall be liable for reasonable attorney's fees. Assessment of a civil penalty
43 may be made in conjunction with any other department administrative action. No
44 civil penalty may be assessed unless the person charged was given notice and
45 opportunity for a hearing pursuant to the Idaho administrative procedure act.
46 If the director is unable to collect such penalty or if any person fails to
47 pay all or a set portion of the civil penalty as determined by the department,
48 it may recover such amount by action in the appropriate district court. Any
49 person against whom the director has assessed a civil penalty under the provi-
50 sions of this section may, within thirty (30) days of the final action by the
51 agency making the assessment, appeal the assessment to the district court of
52 the county in which the violation is alleged by the department to have
53 occurred. Moneys collected for violation of a rule shall be remitted to the
1 feed and fertilizer account.
2 (3) It shall be the duty of each prosecuting attorney to whom any viola-
3 tion is reported to cause appropriate proceedings to be instituted and prose-
4 cuted in a court of competent jurisdiction without delay.
5 (4) The director is hereby authorized to apply for and the court to grant
6 a temporary or permanent injunction restraining any person from violating or
7 continuing to violate any of the provisions of this chapter or any rules pro-
8 mulgated pursuant to the provisions of this chapter notwithstanding the exis-
9 tence of other remedies at law. Said injunction to be issued without bond.
10 25-1806. COOPERATION WITH OTHER ENTITIES. The director may cooperate with
11 and enter into agreements with governmental agencies of this state, other
12 states, agencies of the federal government, private associations, and feed
13 manufacturers in order to carry out the purpose and provisions of this chap-
STATEMENT OF PURPOSE
Concerns surrounding the potential outbreak of Mad Cow disease
have raised awareness of food safety issues. This measure would
ban the use of all animal by-products in feeds for ruminants and
There is no fiscal impact.
Name: Sen. Clint Stennett
STATEMENT OF PURPOSE/FISCAL NOTE S 1315