Print Friendly HOUSE BILL NO. 171 – Dairy farm waste recipient, rqmts
HOUSE BILL NO. 171
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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
]]]] 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.
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
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.
No fiscal impact to the General Fund.
Name: Representative Doug Jones
STATEMENT OF PURPOSE/FISCAL NOTE H 171