Print Friendly HOUSE BILL NO. 168 – Manure, applied, requirements
HOUSE BILL NO. 168
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H0168...............................................by AGRICULTURAL AFFAIRS
MANURE - Adds to existing law to provide requirements relating to the
application of certain manure; to provide for inspections; and to provide
for civil violations and penalties.
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. 168
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ANIMALS; AMENDING TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW
3 CHAPTER 18, TITLE 25, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE REQUIREMENTS
4 RELATING TO THE APPLICATION OF CERTAIN MANURE, TO PROVIDE FOR INSPECTIONS,
5 TO PROVIDE FOR CIVIL VIOLATIONS AND PENALTIES AND TO AUTHORIZE THE PROMUL-
6 GATION OF RULES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Title 25, Idaho Code, be, and the same is hereby amended
9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
10 ter 18, Title 25, Idaho Code, and to read as follows:
11 CHAPTER 18
12 APPLIED MANURE
13 25-1801. DEFINITIONS. When used in this chapter:
14 (1) "Department" means the Idaho department of agriculture.
15 (2) "Director" means the director of the Idaho department of agriculture.
16 (3) "Manure" means animal excrement that may also contain bedding,
17 spilled feed or soil.
18 (4) "Person" means any individual, association, partnership, firm, joint
19 stock company, joint venture, trust, estate, private corporation, or any legal
20 entity, which is recognized by law as the subject of rights and duties.
21 25-1802. MANURE APPLICATION. Manure having a moisture content in excess
22 of twenty-five percent (25%) that is applied onto soil, shall be incorporated
23 into the soil surface within seventy-two (72) hours of application.
24 25-1803. INSPECTIONS. The director or his designee is authorized to enter
25 and inspect any location in which a person has failed to incorporate applied
26 manure into the soil surface within seventy-two (72) hours of application to
27 ensure compliance with the provisions of this chapter.
28 25-1804. VIOLATIONS -- CIVIL -- PENALTIES. (1) Any person that violates
29 the provisions of this chapter shall be assessed a civil penalty by the
30 department or its duly authorized agent not to exceed five hundred dollars
31 ($500) for each offense and be liable for reasonable attorney's fees and
33 (2) Assessment of a civil penalty as provided herein may be made in con-
34 junction with any other department administrative action and shall be based on
35 the severity of the offense and the degree of cooperation with the department.
36 (3) If the department is unable to collect the civil penalty or if any
37 person fails to pay all or a set portion of a civil penalty as determined by
38 the department, the department may recover such amount by action in the appro-
39 priate district court.
1 (4) Any person against whom the department has assessed a civil penalty
2 under this section may, within thirty (30) days of the final action making the
3 assessment, appeal the assessment to the district court of the county in which
4 the violation is alleged by the department to have occurred.
5 (5) Moneys collected for violations shall be deposited in the state trea-
6 sury and credited to the general fund.
7 (6) The imposition or computation of monetary penalties shall take into
8 account the seriousness of the violation, and such other matters as justice
9 requires. The director shall prepare a written report setting forth the basis
10 upon which any monetary penalty is imposed and/or computed and shall retain
11 the report on file with the department.
12 25-1805. RULES. The director is authorized to promulgate necessary admin-
13 istrative rules in order to carry out the department's duties pursuant to the
14 provisions of this chapter in compliance with chapter 52, title 67, Idaho
STATEMENT OF PURPOSE
This legislation would require that manure over 25% moisture
shall be incorporated into the soil within 72 hours of
application. It would give the Idaho State Department of
Agriculture inspection and enforcement authority.
No impact on the general fund.
Name: Representative Jones
STATEMENT OF PURPOSE/FISCAL NOTE H 168