2004 Legislation
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HOUSE BILL NO. 677 – Agric equip/certain/not food estab


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Bill Status

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

Bill Text

  ]]]]              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
  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:
  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 / Fiscal Impact

                       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.

Name: Representative Darrell Bolz 
Phone: 332-1000

Name: Representative Mike Moyle
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                     H 677