2004 Legislation
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SENATE BILL NO. 1315 – Feed, horses/ruminants

SENATE BILL NO. 1315

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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