2005 Legislation
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HOUSE BILL NO. 366 – Dairy farms, reports

HOUSE BILL NO. 366

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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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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