2006 Legislation
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HOUSE BILL NO. 410 – Meat inspection, repealed


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Bill Status

H0410...............................................by AGRICULTURAL AFFAIRS
MEAT INSPECTION - Repeals existing law to delete provisions relating to
meat inspections.
01/19    House intro - 1st rdg - to printing
01/20    Rpt prt - to Agric Aff
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 61-1-8
      AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Boe, Bolz, Cannon, Chadderdon, Clark, Collins, Deal,
      Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
      Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour,
      Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell,
      Moyle, Nielsen, Nonini, Pence, Raybould, Ring, Ringo, Roberts,
      Rusche, Rydalch, Sali(Sali), Sayler, Shepherd(2), Shepherd(8),
      Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,
      Mr. Speaker
      NAYS -- Pasley-Stuart
      Absent and excused -- Anderson, Block, Brackett, Bradford, Crow,
      Schaefer, Shirley, Smith(24)
    Floor Sponsor - Andrus
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Agric Aff
03/03    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Broadsword
    Title apvd - to House
03/09    To enrol
03/10    Rpt enrol - Sp signed
03/13    Pres signed
03/14    To Governor
03/15    Governor signed
         Session Law Chapter 94
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 410
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Chapter 19, Title 37, Idaho Code, be,  and  the  same  is
  7    hereby repealed.
  8        SECTION  2.  That  Section  5-338,  Idaho Code, be, and the same is hereby
  9    amended to read as follows:
 10        5-338.  IMMUNITY OF DONORS OF WILD GAME MEAT. (1) A  donor  of  wild  game
 11    meat  for free use by a charitable organization is immune from civil or crimi-
 12    nal liability arising from an injury or death attributable to the nature, age,
 13    condition or packaging of the donated wild game meat if the injury or death is
 14    not a result of the gross negligence, recklessness, or intentional  misconduct
 15    of the donor and the donated wild game meat is prepared and packaged by a com-
 16    mercial butcher, commercial slaughterhouse, commercial meat processor or simi-
 17    lar  entity  subject by law to regular state or federal inspection and licens-
 18    ing.
 19        (2)  A  charitable  organization  that  receives,  distributes  or  serves
 20    donated wild game meat is immune from civil or criminal liability arising from
 21    an injury or death attributable to the condition of the meat if:
 22        (a) The charitable organization uses appropriate food storage and handling
 23        equipment to provide for the safe and sanitary storage and/or  service  of
 24        the wild game meat;
 25        (b)  The  charitable organization accepts only wild game meat prepared and
 26        packaged by a commercial butcher,  commercial  slaughterhouse,  commercial
 27        meat  processor, or similar entity subject by law to regular state or fed-
 28        eral inspection and licensing;
 29        (c)  The charitable organization inspects the donated wild game meat in  a
 30        reasonable  manner and finds it to be apparently fit for human consumption
 31        at the time of distribution or service;
 32        (d)  The charitable organization has no actual or  constructive  knowledge
 33        at  the  time the wild game meat is distributed or served that it is adul-
 34        terated, tainted, contaminated, or would be harmful to the health or well-
 35        being of a person eating it; and
 36        (e)  An injury or death caused by eating the wild game meat is not a prox-
 37        imate cause of the gross negligence, recklessness or  intentional  miscon-
 38        duct of the charitable organization.
 39        (3)  For purposes of this section:
 40        (a)  "Charitable  organization"  means  a  nonprofit  organization that is
 41        exempt from taxation  under  the  provisions  of  sections  501(c)(3)  and
 42        501(c)(4) of the Internal Revenue Code, as amended.
  1        (b)  "Donor"  means  a  person,  retailer,  commercial butcher, commercial
  2        slaughterhouse, commercial meat processor, or similar entity  under  state
  3        supervision,  and  the Idaho fish and game department in its capacity as a
  4        donor of unlawfully  taken  or  unclaimed  wildlife  pursuant  to  section
  5        36-1304, Idaho Code.
  6        (c)  "Wild game meat" means any raw, cooked, processed, or prepared edible
  7        meat from a game animal killed in the wild and used or intended for use in
  8        whole  or  in  part  for  human  consumption  and which is exempt from the
  9        inspection requirements of the federal wholesome meat act, or chapter  19,
 10        title  37,  Idaho Code; provided however, that wild game salami may not be
 11        donated. Wild game meat shall not be considered "adulterated" as that term
 12        is defined in chapters  1,  and  19,  title  37,  Idaho  Code,  and  IDAPA
 13        16.02.19,  merely  because the meat is the product of a game animal killed
 14        in the wild and not slaughtered by a butcher in a state or federally regu-
 15        lated food processing establishment. Wild game meat  shall  be  considered
 16        "wildlife"  as  that term is used in IDAPA 16.02.19, and shall be handled,
 17        prepared and served accordingly if the charitable organization is  a  food
 18        establishment as defined in the rules.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 15408

     The Idaho State Department of Agriculture discontinued meat
inspection activities in the mid 1980s when all regulatory
responsibilities for meat inspection in the state of Idaho were
turned over to the USDA/Food Safety and Inspection Service.

                          FISCAL NOTE

     No fiscal impact.

Name:     John Chatburn
Agency:   Agriculture, Dept. of
Phone:    332-8540

STATEMENT OF PURPOSE/FISCAL NOTE                              H 410