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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; 35 and 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- 2 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 16 feed. 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 26 director. 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 3 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- 14 ter.
STATEMENT OF PURPOSE RS 14082 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 horses. FISCAL IMPACT There is no fiscal impact. Contact Name: Sen. Clint Stennett Phone: 332-1351 STATEMENT OF PURPOSE/FISCAL NOTE S 1315