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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; and
34 (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