2005 Legislation
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HOUSE BILL NO. 171 – Dairy farm waste recipient, rqmts

HOUSE BILL NO. 171

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Bill Status



H0171...............................................by AGRICULTURAL AFFAIRS
DAIRY FARMS - Amends existing law relating to dairy farms to provide
requirements relating to certain recipients of dairy farm livestock waste
and process wastewater; and to provide for nutrient management plans.
                                                                        
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 171
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DAIRY FARMS; AMENDING  SECTION  37-401,  IDAHO  CODE,  TO  PROVIDE
  3        REQUIREMENTS RELATING TO CERTAIN RECIPIENTS OF DAIRY FARM LIVESTOCK WASTE,
  4        PROCESS  WASTEWATER,  TO PROVIDE FOR NUTRIENT MANAGEMENT PLANS AND TO MAKE
  5        TECHNICAL CORRECTIONS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 37-401, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        37-401.  INSPECTIONS,  EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
 10    -- DAIRY FARMS -- NUTRIENT  MANAGEMENT  PLANS  REQUIRED  --  CERTAIN  EVIDENCE
 11    REQUIRED.  (1)  The director of the department of agriculture is hereby autho-
 12    rized and directed to designate any agent to inspect, examine and test any  or
 13    all  dairy  products in accordance with rules as the department may prescribe;
 14    and to ascertain and certify the grade, classification,  quality  or  sanitary
 15    condition thereof and other pertinent facts as the department may require. The
 16    director or agent of the department of agriculture of the state of Idaho shall
 17    make sanitary inspection of milk, cream, butter and dairy products of any kind
 18    whatsoever,  intended  for  human  consumption,  and  of containers, utensils,
 19    equipment, buildings, premises or anything whatsoever employed in the  produc-
 20    tion, handling, storing, processing or manufacturing of dairy products or that
 21    would  affect  the purity of the products. Inspections, examinations and tests
 22    shall be made to meet the requirements of the laws of the  state  and  of  the
 23    United  States  for  the  sale of the products or their transportation in both
 24    intrastate and interstate commerce. Any agent designated by  the  director  to
 25    make  inspections  shall have the right for that purpose to enter any premises
 26    and buildings where milk, cream, butter or dairy products shall  be  produced,
 27    stored, processed or manufactured.
 28        (2)  Acting  in accord with rules of the department, the director or agent
 29    of the department shall review plans and specifications  for  construction  of
 30    new,  modified  or expanded waste systems and inspect any dairy farm to ascer-
 31    tain and certify sanitary conditions, waste systems and milk quality.
 32        (23)  The director or agent shall issue a permit authorizing the  sale  of
 33    milk  for  human  consumption to all dairy farms that meet the requirements of
 34    this chapter, and rules promulgated pursuant to this chapter.
 35        (34)  All dairy farms shall have a nutrient management  plan  approved  by
 36    the  department.  The nutrient management plan shall cover the dairy farm site
 37    and other land owned and operated by the dairy farm owner or operator.  Nutri-
 38    ent  management  plans  submitted  to  the  department by the dairy farm shall
 39    include the names and addresses of each recipient of that dairy  farm's  live-
 40    stock  waste,  the number of acres to which the livestock waste is applied and
 41    the amount of such livestock waste received by each recipient. The information
 42    provided in this subsection shall be available to  the  county  in  which  the
 43    dairy farm, or the land upon which the livestock waste is applied, is located.
                                                                        
                                           2
                                                                        
  1    If  livestock  waste  is converted to compost before it leaves the dairy farm,
  2    only the first recipient of the compost must be listed in the nutrient manage-
  3    ment plan as a recipient of livestock waste  from  the  dairy  farm.  Existing
  4    dairy  farms  shall  submit a nutrient management plan to the department on or
  5    before July 1, 2001.
  6        (45)  Any new dairy farms or dairy farms that change owners  or  operators
  7    shall  have  an  approved nutrient management plan on file with the department
  8    prior to the issuance of the milk permit for that dairy. The nutrient  manage-
  9    ment plan shall be implemented upon approval of the plan by the department.
 10        (46)  The  director or his agent may issue a permit to sell milk for human
 11    consumption to a new or expanding dairy farm only  upon  presentation  to  the
 12    director by the new or expanding dairy farm of:
 13        (a)  A  certified  letter,  supplied by the board of county commissioners,
 14        certifying the new or expanding dairy farm's  compliance  with  applicable
 15        county livestock ordinances; and
 16        (b)  Evidence that a valid water right exists to supply adequate water for
 17        the new or expanding dairy farm; or
 18        (c)  A  copy  of an application for a permit to appropriate water that has
 19        been filed with the Idaho department of  water  resources  and  which,  if
 20        approved, will supply adequate water for the dairy farm; or
 21        (d)  A  copy  of  an  application to change the point of diversion, place,
 22        period and nature of use of an existing water right that  has  been  filed
 23        with  the Idaho department of water resources and which, if approved, will
 24        supply adequate water for the dairy farm.
 25        (7)  All recipients of dairy farm livestock waste  or  process  wastewater
 26    that receive such waste or wastewater on or after July 1, 2006, shall submit a
 27    nutrient  management plan to the department for approval which shall be imple-
 28    mented upon approval. The information provided pursuant to the  provisions  of
 29    this  subsection shall be available to the county in which the waste or waste-
 30    water is applied. If livestock waste is converted to compost before it  leaves
 31    a  dairy farm, only the first recipient of the compost shall be subject to the
 32    provisions of this subsection.
 33        (58)  As used in this section:
 34        (a)  "Animal units" shall be as defined in rule by the director.
 35        (b)  "Expanding dairy farm" means an  existing,  legally  permitted  dairy
 36        farm  that  increases,  or  applies to increase, its existing animal units
 37        beyond the number for which it is permitted under applicable county  live-
 38        stock  ordinances or increases, or applies to increase, the waste contain-
 39        ment system.
 40        (c)  "New dairy farm" means a dairy farm constructed after  the  effective
 41        date of this act.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14845

Effective July 1, 2006, farms that receive livestock waste or
process wastewater from dairies  will be required to file
nutrient management plans with the Department of Agriculture.


                           FISCAL NOTE

No fiscal impact to the General Fund.



Contact
Name:  Representative Doug Jones 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                   H 171