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H0366.....................................................by WAYS AND MEANS
DAIRY FARMS - Amends existing law to require the Department of Agriculture
to provide a copy of the nutrient management plan to the board of county
commissioners of the county in which the dairy farm is located if requested
by the county commissioners; to provide for initial and annual total bovine
animal units count reports; to provide for verification of the animal unit
count reports by the inspection by the county or Department of Agriculture;
to clarify that milk production records are exempt from public disclosure;
to provide for public disclosure of total animal unit count information; to
require the Department of Agriculture to provide copies of all findings,
conclusions and reports resulting from certain examinations or inspections
to the board of county commissioners of the county in which the dairy farm
subject to the examination or inspection is located if requested by the
county commissioners.
03/21 House intro - 1st rdg - to printing
03/22 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. 366
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO SANITARY INSPECTION OF DAIRY PRODUCTS; AMENDING SECTION 37-401,
3 IDAHO CODE, TO PROVIDE FOR REPORTS, TO REQUIRE THE DEPARTMENT OF AGRICUL-
4 TURE TO PROVIDE A COPY OF THE NUTRIENT MANAGEMENT PLAN TO THE BOARD OF
5 COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE DAIRY FARM IS LOCATED IF
6 REQUESTED BY THE COUNTY COMMISSIONERS, TO PROVIDE FOR INITIAL AND ANNUAL
7 TOTAL BOVINE ANIMAL UNITS COUNT REPORTS, TO PROVIDE FOR VERIFICATION OF
8 THE ANIMAL UNIT COUNT REPORTS BY INSPECTION BY THE COUNTY OR DEPARTMENT OF
9 AGRICULTURE, TO CLARIFY THAT MILK PRODUCTION RECORDS ARE EXEMPT FROM PUB-
10 LIC DISCLOSURE, TO PROVIDE FOR PUBLIC DISCLOSURE OF TOTAL ANIMAL UNIT
11 COUNT INFORMATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
12 37-403, IDAHO CODE, TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO PROVIDE
13 COPIES OF ALL FINDINGS, CONCLUSIONS AND REPORTS RESULTING FROM CERTAIN
14 EXAMINATIONS OR INSPECTIONS TO THE BOARD OF COUNTY COMMISSIONERS OF THE
15 COUNTY IN WHICH THE DAIRY FARM SUBJECT TO THE EXAMINATION OR INSPECTION IS
16 LOCATED IF REQUESTED BY THE COUNTY COMMISSIONERS.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 37-401, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 37-401. INSPECTIONS, EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE
21 -- DAIRY FARMS -- NUTRIENT MANAGEMENT PLANS REQUIRED -- CERTAIN EVIDENCE
22 REQUIRED -- REPORTS. (1) The director of the department of agriculture is
23 hereby authorized and directed to designate any agent to inspect, examine and
24 test any or all dairy products in accordance with rules as the department may
25 prescribe; and to ascertain and certify the grade, classification, quality or
26 sanitary condition thereof and other pertinent facts as the department may
27 require. The director or agent of the department of agriculture of the state
28 of Idaho shall make sanitary inspection of milk, cream, butter and dairy prod-
29 ucts of any kind whatsoever, intended for human consumption, and of contain-
30 ers, utensils, equipment, buildings, premises or anything whatsoever employed
31 in the production, handling, storing, processing or manufacturing of dairy
32 products or that would affect the purity of the products. Inspections, exami-
33 nations and tests shall be made to meet the requirements of the laws of the
34 state and of the United States for the sale of the products or their transpor-
35 tation in both intrastate and interstate commerce. Any agent designated by the
36 director to make inspections shall have the right for that purpose to enter
37 any premises and buildings where milk, cream, butter or dairy products shall
38 be produced, stored, processed or manufactured.
39 (2) Acting in accord with rules of the department, the director or agent
40 of the department shall review plans and specifications for construction of
41 new, modified or expanded waste systems and inspect any dairy farm to ascer-
42 tain and certify sanitary conditions, waste systems and milk quality.
43 (23) The director or agent shall issue a permit authorizing the sale of
2
1 milk for human consumption to all dairy farms that meet the requirements of
2 this chapter, and rules promulgated pursuant to this chapter.
3 (34) All dairy farms shall have a nutrient management plan approved by
4 the department. The nutrient management plan shall cover the dairy farm site
5 and other land owned and operated by the dairy farm owner or operator. Nutri-
6 ent management plans submitted to the department by the dairy farm shall
7 include the names and addresses of each recipient of that dairy farm's live-
8 stock waste, the number of acres to which the livestock waste is applied and
9 the amount of such livestock waste received by each recipient. The information
10 provided in this subsection shall be available to the county in which the
11 dairy farm, or the land upon which the livestock waste is applied, is located.
12 If livestock waste is converted to compost before it leaves the dairy farm,
13 only the first recipient of the compost must be listed in the nutrient manage-
14 ment plan as a recipient of livestock waste from the dairy farm. Existing
15 dairy farms shall submit a nutrient management plan to the department on or
16 before July 1, 2001. The department shall provide a copy of the nutrient man-
17 agement plan to the board of county commissioners of the county in which the
18 dairy farm is located, if requested by the county commissioners.
19 (5) There is hereby granted to the board of county commissioners of each
20 of the several counties of this state the right and authority, at the county's
21 option, to require dairies to submit an initial, and thereafter an annual,
22 report to the board of county commissioners of the county in which the dairy
23 is located and to the Idaho state department of agriculture which sets forth
24 its total count for all bovine located within the boundaries of the dairy
25 farm, the count to be specifically set forth by animal unit, as defined in 7
26 CFR 1940.312(c)(9) and 40 CFR 122, Appendix B. If the county has exercised the
27 authority granted in this section, a board of county commissioners and the
28 Idaho state department of agriculture, or their designees, shall be entitled
29 to verify the animal unit count set forth in any initial or annual report by
30 inspection of the dairy premises at all reasonable times. If the county has
31 exercised the authority granted in this section, the initial report shall be
32 filed by any new dairy farm, or a dairy farm that changes owners or operators,
33 at the time the farm applies for issuance of a milk permit. Thereafter, for
34 new dairy farms, and for all existing dairy farms, the annual report shall be
35 due on or before January 1 of each and every year. All dairy milk production
36 records are exempt from public disclosure pursuant to the provisions of chap-
37 ter 3, title 9, Idaho Code, and shall be considered a trade secret. The total
38 bovine animal unit count information submitted pursuant to the initial or
39 annual reports provided for in this section shall be subject to public disclo-
40 sure pursuant to chapter 3, title 9, Idaho Code.
41 (46) Any new dairy farms or dairy farms that change owners or operators
42 shall have an approved nutrient management plan on file with the department
43 prior to the issuance of the milk permit for that dairy. The nutrient manage-
44 ment plan shall be implemented upon approval of the plan by the department.
45 (47) The director or his agent may issue a permit to sell milk for human
46 consumption to a new or expanding dairy farm only upon presentation to the
47 director by the new or expanding dairy farm of:
48 (a) A certified letter, supplied by the board of county commissioners,
49 certifying the new or expanding dairy farm's compliance with applicable
50 county livestock ordinances; and
51 (b) Evidence that a valid water right exists to supply adequate water for
52 the new or expanding dairy farm; or
53 (c) A copy of an application for a permit to appropriate water that has
54 been filed with the Idaho department of water resources and which, if
55 approved, will supply adequate water for the dairy farm; or
3
1 (d) A copy of an application to change the point of diversion, place,
2 period and nature of use of an existing water right that has been filed
3 with the Idaho department of water resources and which, if approved, will
4 supply adequate water for the dairy farm.
5 (58) As used in this section:
6 (a) "Animal units" shall be as defined in rule by the director.
7 (b) "Expanding dairy farm" means an existing, legally permitted dairy
8 farm that increases, or applies to increase, its existing animal units
9 beyond the number for which it is permitted under applicable county live-
10 stock ordinances or increases, or applies to increase, the waste contain-
11 ment system.
12 (c) "New dairy farm" means a dairy farm constructed after the effective
13 date of this act.
14 SECTION 2. That Section 37-403, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 37-403. BASIS FOR ISSUANCE OR REVOCATION OF LICENSES OR PERMITS. When-
17 ever, under any law of this state or rule, the director of the department of
18 agriculture or any agent is required to inspect dairy farms and dairy waste
19 systems for compliance with rules prescribed by the department, or determine
20 the sanitary condition of anything referred to in section 37-401, Idaho Code,
21 or the purity of milk, cream, butter, or other dairy products intended for
22 human consumption, the director shall make or cause to be made an examination
23 and inspection and shall report his findings and conclusions. The department
24 shall provide copies of all findings, conclusions and reports resulting from
25 any examination or inspection to the board of county commissioners of the
26 county in which the dairy farm subject to the examination or inspection is
27 located, if requested by the county commissioners. When the issuance or the
28 revoking of any license or permit by the department of agriculture is required
29 to be made after an inspection involving waste systems, milk quality, and san-
30 itary conditions and purity for human consumption of any milk, cream, butter,
31 or other dairy products, the issuance or revocation of license or permit shall
32 be based upon the report or reports so made by the director. The duration of
33 such revocation shall be determined by the director. For violations regarding
34 waste systems the department shall allow the dairy farm's milk to be proc-
35 essed, provided the milk meets quality standards. The value of the milk sold
36 by the violator during the revocation shall be remitted to the county where
37 the violation occurred for deposit in the county current expense fund. The
38 amount remitted to the county current expense fund shall be less processor
39 expenses associated with the procurement of the milk.
STATEMENT OF PURPOSE
RS 15173
This legislation amends Idaho Code to allow counties, at their
option, the authority to require dairies to submit an initial,
and thereafter an annual, report to the board of county
commissioners and the Idaho State Department of Agriculture which
details the count for all bovine located within the boundaries of
a dairy. It also gives counties, exercising this option, the
ability to verify the animal count set forth in the dairy's
report.
FISCAL NOTE
There is no cost incurred to the general fund.
Contact
Name: Representative Wendy Jaquet
Phone: 332-1000
Representative Donna Pence
Senator Clint Stennett
STATEMENT OF PURPOSE/FISCAL NOTE H 366