2006 Legislation
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HOUSE BILL NO. 465 – Commercial feed law revised

HOUSE BILL NO. 465

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Bill Status



H0465...............................................by AGRICULTURAL AFFAIRS
COMMERCIAL FEED LAW - Amends and adds to existing law to redesignate
sections; to revise definitions; to revise registration, labeling, fee,
adulteration and penalty provisions; to provide for reporting; to revise
provisions relating to commercial feeds deemed to be misbranded; to
authorize the director of the Idaho Department of Agriculture to copy
certain records; to authorize rulemaking authority for the establishment of
fees for services; to provide for "stop sale, use or removal" orders; to
provide for commercial feed not in compliance with certain rules; to
provide for prohibited acts; to provide severability; and to provide for
the use of funds received.
                                                                        
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - to Agric Aff
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch,
      Sali(Sali), Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Block, Ellsworth, Roberts, Schaefer
    Floor Sponsor - Lake
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Agric Aff
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder, Stegner,
      Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw, Pearce
    Floor Sponsor - Kelly
    Title apvd - to House
03/08    To enrol
03/09    Rpt enrol - Sp signed
03/10    Pres signed
03/13    To Governor
03/14    Governor signed
         Session Law Chapter 57
         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. 465
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COMMERCIAL FEED; AMENDING SECTION 25-2715, IDAHO CODE, TO REDESIG-
  3        NATE THE SECTION AND TO  PROVIDE  CORRECT  TERMINOLOGY;  AMENDING  SECTION
  4        25-2716,  IDAHO  CODE,  TO  REDESIGNATE THE SECTION AND TO PROVIDE CORRECT
  5        TERMINOLOGY; AMENDING SECTION 25-2717, IDAHO CODE, TO REDESIGNATE THE SEC-
  6        TION, TO REVISE DEFINITIONS, TO DEFINE TERMS AND TO MAKE TECHNICAL CORREC-
  7        TIONS; AMENDING SECTION 25-2718, IDAHO CODE, TO REDESIGNATE  THE  SECTION,
  8        TO REVISE REGISTRATION PROVISIONS, TO PROVIDE A CORRECT CODE REFERENCE, TO
  9        PROVIDE  CORRECT  TERMINOLOGY  AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
 10        SECTION 25-2719, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE  LABEL-
 11        ING  REQUIREMENTS,  TO  PROVIDE  CORRECT TERMINOLOGY AND TO MAKE TECHNICAL
 12        CORRECTIONS; AMENDING SECTION 25-2720, IDAHO CODE, TO REDESIGNATE THE SEC-
 13        TION, TO PROVIDE FOR REPORTING, TO REVISE FEE PROVISIONS, TO PROVIDE  COR-
 14        RECT  CODE  REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
 15        25-2721, IDAHO CODE, TO REDESIGNATE THE SECTION,  TO  REVISE  ADULTERATION
 16        PROVISIONS, TO PROVIDE A CORRECT REFERENCE, TO PROVIDE CORRECT TERMINOLOGY
 17        AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 25-2722, IDAHO CODE,
 18        TO REDESIGNATE THE SECTION, TO REVISE PROVISIONS  RELATING  TO  COMMERCIAL
 19        FEEDS  DEEMED TO BE MISBRANDED, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE
 20        A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING  SEC-
 21        TION  25-2723,  IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT
 22        CODE REFERENCES, TO AUTHORIZE THE DIRECTOR  OF  THE  IDAHO  DEPARTMENT  OF
 23        AGRICULTURE  TO  COPY  CERTAIN  RECORDS AND TO MAKE TECHNICAL CORRECTIONS;
 24        AMENDING SECTION 25-2724, IDAHO CODE, TO REDESIGNATE THE SECTION, TO  PRO-
 25        VIDE CORRECT TERMINOLOGY, TO AUTHORIZE RULEMAKING AUTHORITY FOR THE ESTAB-
 26        LISHMENT OF FEES FOR SERVICES AND TO MAKE A TECHNICAL CORRECTION; AMENDING
 27        SECTION  25-2725,  IDAHO  CODE, TO REDESIGNATE THE SECTION, TO PROVIDE FOR
 28        STOP SALE, USE OR REMOVAL ORDERS, TO STRIKE UNNECESSARY VERBIAGE, TO  PRO-
 29        VIDE  FOR COMMERCIAL FEED NOT IN COMPLIANCE WITH CERTAIN RULES AND TO MAKE
 30        TECHNICAL CORRECTIONS; AMENDING CHAPTER 27, TITLE 25, IDAHO CODE,  BY  THE
 31        ADDITION  OF  A NEW SECTION 25-2712, IDAHO CODE, TO PROVIDE FOR PROHIBITED
 32        ACTS; AMENDING SECTION 25-2726, IDAHO CODE, TO REDESIGNATE THE SECTION, TO
 33        REVISE PENALTY PROVISIONS, TO PROVIDE CORRECT TERMINOLOGY,  TO  PROVIDE  A
 34        CODE  REFERENCE  AND  TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING SECTIONS
 35        25-2727 AND 25-2728, IDAHO CODE, TO  REDESIGNATE  THE  SECTIONS;  AMENDING
 36        CHAPTER  27,  TITLE  25,  IDAHO  CODE,  BY  THE  ADDITION OF A NEW SECTION
 37        25-2716, IDAHO CODE, TO PROVIDE FOR SEVERABILITY; AND AMENDING CHAPTER 27,
 38        TITLE 25, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  25-2717,  IDAHO
 39        CODE, TO PROVIDE FOR THE USE OF FUNDS RECEIVED.
                                                                        
 40    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 41        SECTION  1.  That  Section 25-2715, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        25-271501.  TITLE. This act chapter shall be known as the  "Idaho  Commer-
                                                                        
                                           2
                                                                        
  1    cial Feed Law."
                                                                        
  2        SECTION  2.  That  Section 25-2716, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
                                                                        
  4        25-271602.  ENFORCING OFFICIAL. This act chapter shall be administered  by
  5    the director of the department of agriculture of the state of Idaho, hereinaf-
  6    ter referred to as the "director."
                                                                        
  7        SECTION  3.  That  Section 25-2717, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        25-271703.  DEFINITIONS. OF WORDS AND TERMS. When used in this chapter:
 10        (1)  The term "animal remedy" means any drug, combination of drugs,  phar-
 11    maceutical,  proprietary  medicine,  veterinary  biologics,  or combination of
 12    drugs and other ingredients, other than for food or cosmetic  purposes,  which
 13    is  prepared  or  compounded for any animal use except man, or materials other
 14    than food intended to affect the structure or any function of the body of ani-
 15    mals other than man. This term does not include medicated feeds.
 16        a.(2)  The term "brand name" means any word, name, symbol  or  device,  or
 17    any  combination  thereof, identifying the commercial feed of a distributor or
 18    registrant and distinguishing it from that of others.
 19        b.(3)  The term "commercial feed" means all materials  or  combination  of
 20    materials  which are distributed or intended for distribution for use as feed,
 21    or for mixing in feed for poultry and animals other than man except:
 22        1.(a)  Unmixed whole seeds and physically altered  entire  unmixed  seeds,
 23        when  such whole or physically altered seeds are not chemically changed or
 24        are not adulterated within the meaning of section 25-272107,  Idaho  Code,
 25        or misbranded within the meaning of section 25-2708, Idaho Code.
 26        2.(b)  Seeds mixed and planted as such mixture, grown and harvested as one
 27        (1)  crop and processed as one (1) mixture when not adulterated within the
 28        meaning of section 25-2707, Idaho Code, or misbranded within  the  meaning
 29        of section 25-2708, Idaho Code.
 30        3.(c)  All  hay,  except  commercially  dehydrated legumes and grasses and
 31        when not adulterated within the meaning of section 25-2707, Idaho Code, or
 32        misbranded within the meaning of section 25-2708, Idaho Code.
 33        4.(d)  Whole or ground straw, stover, silage, cobs, husks, hulls,  wet  or
 34        pressed beet pulp, pea screenings and beet discard molasses when not mixed
 35        with  other  materials and when not adulterated within the meaning of sec-
 36        tion 25-2707, Idaho Code, or misbranded  within  the  meaning  of  section
 37        25-2708, Idaho Code.
 38        (e)  Live,  whole  or  unprocessed animals when not adulterated within the
 39        meaning of section 25-2707, Idaho Code, or misbranded within  the  meaning
 40        of section 25-2708, Idaho Code.
 41        (f)  Animal remedies except when used as a feed additive when not adulter-
 42        ated  within  the  meaning  of  section 25-2707, Idaho Code, or misbranded
 43        within the meaning of section 25-2708, Idaho Code.
 44        (g)  Individual mineral substances when not mixed  with  another  material
 45        and  when  not  adulterated  within  the meaning of section 25-2707, Idaho
 46        Code, or misbranded within the meaning of section 25-2708, Idaho Code.
 47        (h)  High moisture food processing waste containing more than  fifty  per-
 48        cent  (50%)  moisture content, without further processing, received by the
 49        end user directly from the food processor when not adulterated within  the
 50        meaning  of  section 25-2707, Idaho Code, or misbranded within the meaning
 51        of section 25-2708, Idaho Code.
                                                                        
                                           3
                                                                        
  1    The director, by rule, may exempt from this definition, or from specific  pro-
  2    visions  of  this  chapter,  commodities, and individual chemical compounds or
  3    substances when such commodities, compounds or substances are  not  intermixed
  4    with  other  materials, and are not adulterated according to the provisions of
  5    section 25-272107, Idaho Code, or misbranded within  the  meaning  of  section
  6    25-2708, Idaho Code.
  7        c.(4)  The  term  "contract  feeder"  means a person who as an independent
  8    contractor, feeds commercial feed to animals pursuant to  a  contract  whereby
  9    such  commercial  feed  is  supplied, furnished, or otherwise provided to such
 10    person and whereby such person's remuneration is determined, all or  in  part,
 11    by feed consumption, mortality, profits, or amount or quality of product.
 12        d.(5)  The  term  "customer-formula feed" means commercial feed which con-
 13    sists of a mixture of commercial feeds and/or feed ingredients each  batch  of
 14    which is manufactured according to the specific instructions of the final pur-
 15    chaser.
 16        e.(6)  The term "department" means the Idaho department of agriculture.
 17        f.(7)  The  term  "director" means the director of the Idaho department of
 18    agriculture or the director's authorized agent.
 19        g.(8)  The term "distribute" means to offer for sale,  sell,  exchange  or
 20    barter, or otherwise supply commercial feeds in or into this state; or to sup-
 21    ply, furnish, or otherwise provide commercial feed to a contract feeder.
 22        h.(9)  The term "distributor" means any person who distributes.
 23        i.(10) The  term  "drug" means any article intended for use in the diagno-
 24    sis, cure, mitigation, treatment, or prevention of disease  in  animals  other
 25    than  man and articles other than feed intended to affect the structure or any
 26    function of the animal body.
 27        j.(11) The term "feed ingredient" means each of the constituent  materials
 28    making up a commercial feed.
 29        k.(12) The  term  "label"  means a display of written, printed, or graphic
 30    matter upon or affixed to the container in which a commercial feed is distrib-
 31    uted, or on the invoice or delivery slip with which a commercial feed is  dis-
 32    tributed.
 33        l.(13) The term "labeling" means all labels and other written, printed, or
 34    graphic  matter upon a commercial feed or any of its containers or wrapper, or
 35    accompanying such commercial feed.
 36        m.(14) The term "manufacture" means to grind, mix  or  blend,  or  further
 37    process a commercial feed for distribution.
 38        (15) The term "medicated feed" means any feed which contains drug ingredi-
 39    ents  intended or presented for the cure, mitigation, treatment, or prevention
 40    of disease in animals other  than  man  or  which  contains  drug  ingredients
 41    intended  to affect the structure or any function of the body of animals other
 42    than man.
 43        (16) The term "mineral" means a naturally occurring, homogeneous inorganic
 44    solid substance, essential to the nutrition  of  animals,  having  a  definite
 45    chemical  composition  and  characteristic  crystalline  structure,  color and
 46    hardness.
 47        n.(17) The term "mineral feed" means a commercial feed intended to  supply
 48    primarily mineral elements or inorganic nutrients.
 49        o.(18) The  term "official sample" means a sample of commercial feed taken
 50    by the director or an authorized agent in accordance with  the  provisions  of
 51    section 25-272309, Idaho Code.
 52        p.(19) The term "percent" or "percentage" means percentage by weight.
 53        q.(20) The term "person" includes an individual, partnership, corporation,
 54    firm, association, and agent.
 55        r.(21) The term "pet" means any domesticated animal normally maintained in
                                                                        
                                           4
                                                                        
  1    or near the household(s) of the owner(s) thereof.
  2        s.(22) The term "pet food" means any commercial feed prepared and distrib-
  3    uted for consumption by dogs and cats.
  4        (23) The term "pharmaceutical" means any product prescribed for the treat-
  5    ment  or  prevention  of  disease for veterinary purposes, including vaccines,
  6    synthetic and natural hormones, anesthetics, stimulants or depressants.
  7        t.(24) The term "product name" means the name of the commercial feed which
  8    identifies it as to kind, class, or specific use.
  9        u.(25) The term "purchase" includes taking by sale, discount, negotiation,
 10    mortgage, pledge, lien, issue or reissue, gift or any other voluntary transac-
 11    tion creating an interest in property.
 12        v.(26) The term "purchaser" means a person who takes by purchase.
 13        w.(27) The term "registrant" means that person,  manufacturer,  guarantor,
 14    or distributor who registers a product or products according to the provisions
 15    of section 25-271804, Idaho Code.
 16        x.(28) The term "sell" or "sale" includes exchange.
 17        y.(29) The term "specialty pet" means any domesticated animal pet normally
 18    maintained  in a cage or tank, such as, but not limited to, gerbils, hamsters,
 19    canaries, psittacine birds, mynahs, finches, tropical fish,  goldfish,  snakes
 20    and turtles.
 21        z.(30) The  term  "specialty  pet food" means any commercial feed prepared
 22    and distributed for consumption by specialty pets.
 23        aa.(31) The term "ton" means a net weight of two thousand  (2,000)  pounds
 24    avoirdupois.
 25        (32) The  term "tonnage-only distributor" means any person who assumes the
 26    liability for inspection fees and reports as provided for in subsection (1) of
 27    section 25-2706, Idaho Code. A tonnage-only distributor must file a  completed
 28    application  with the department on forms provided by the director. A tonnage-
 29    only distributor is subject to the provisions of section 25-2706, Idaho Code.
 30        (33) The term "veterinary biologics" means any biologic product  used  for
 31    veterinary   purposes,   including,   but   not   limited   to,   antibiotics,
 32    antiparasiticides, growth promotants and bioculture products.
 33        bb.(34) Words  importing  the singular number may extend and be applied to
 34    several persons or things and words importing the plural may include the  sin-
 35    gular.
                                                                        
 36        SECTION  4.  That  Section 25-2718, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        25-271804.  REGISTRATION.  a.(1)  Each  type  of  commercial  feed  except
 39    customer-formula feed shall be registered annually by the person who  manufac-
 40    tures  or  distributes  feed  into  or  within the state of Idaho before being
 41    offered for sale, sold, or otherwise distributed in or into  this  state.  The
 42    application  for registration shall be submitted to the director on forms fur-
 43    nished by the department of agriculture, and shall be accompanied by a  nonre-
 44    fundable fee of five dollars ($5.00), except that those feeds sold in packages
 45    of  ten  (10)  pounds  or  less shall be registered for a nonrefundable fee of
 46    twenty-five dollars ($25.00),  and  shall  also  be  accompanied  by  a  label
 47    describing  the product, unless such label has not been altered since the last
 48    registration of the product. A label shall continue in  effect  unless  it  is
 49    canceled  or changed by the registrant or unless canceled by the department of
 50    agriculture pursuant to subsection d(4) of this section. All fees paid to  the
 51    department  of  agriculture  provided for in this section shall be paid to the
 52    state treasury, and placed in the commercial feed and  fertilizer  fund.  Upon
 53    approval  by the director a copy of the registration shall be furnished to the
                                                                        
                                           5
                                                                        
  1    applicant. All registrations expire on September 30 of each year. If an appli-
  2    cation for registration renewal provided for in this section is not postmarked
  3    before November 1 of any one (1) year, a penalty of ten dollars  ($10.00)  per
  4    product  shall  be assessed and added to the original fee and shall be paid by
  5    the applicant before the renewal registration is issued.
  6        b.(2)  A distributor shall not be required to register any brand  of  com-
  7    mercial  feed which is already registered under the provisions of this chapter
  8    by another person provided the commercial feed is distributed in its  original
  9    package  or  container  or, if the commercial feed is distributed in bulk, the
 10    integrity of the original product is maintained and labeled  with  the  regis-
 11    trant's original label or a copy of the registrant's original label.
 12        c.(3)  Changes  in the guarantee of either chemical or ingredient composi-
 13    tion of a commercial feed may be permitted provided satisfactory  evidence  is
 14    submitted  showing  that  such  changes  would not result in a lowering of the
 15    feeding value of the product for the purpose for which designed.
 16        d.(4)  The director is empowered to refuse registration of any application
 17    not in compliance with all provisions of this chapter and to cancel any regis-
 18    tration when it is subsequently found to be in violation of any  provision  of
 19    this  chapter  or  when the director has satisfactory evidence that the regis-
 20    trant has used fraudulent or deceptive practices in attempted evasion  of  the
 21    provisions of this chapter or regulations rules thereunder.
 22        Provided, however, that no registration shall be refused or canceled until
 23    the registrant shall have been given opportunity to be heard before the direc-
 24    tor  amend  their  application within thirty (30) days of receipt of notice of
 25    intent to refuse or cancel registration in order to comply with  the  require-
 26    ments  of this chapter or be given notice and opportunity for a hearing pursu-
 27    ant to the Idaho administrative procedure act, chapter  52,  title  67,  Idaho
 28    Code.
 29        (5)  Any  person  distributing  commercial feed into or within Idaho to an
 30    Idaho registrant or an Idaho tonnage-only distributor must be an Idaho  regis-
 31    trant or an Idaho tonnage-only distributor.
 32        (6)  If a product is found being offered for sale, sold, or otherwise dis-
 33    tributed  into or within Idaho prior to registration, the department is autho-
 34    rized to assess a penalty of twenty-five dollars ($25.00) on each  product  in
 35    addition to the annual registration fee as provided in this section.
                                                                        
 36        SECTION  5.  That  Section 25-2719, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        25-271905.  LABELING. A commercial feed shall be labeled as follows:
 39        a.(1)  A commercial feed, except a customer-formula feed, offered for sale
 40    or sold or otherwise distributed in this state in bags, barrels, or other con-
 41    tainers shall have placed on or affixed to the container in written or printed
 42    form, a label bearing the following information:
 43        1.(a)  A quantity statement specifying tThe  net  weight  (may  be  stated
 44        parenthetically  in metric units in addition to the required avoirdupois),
 45        or net volume (liquid or dry). If appropriate, unit count may be used.
 46        2.(b)  The product name and the brand name, if any, under which  the  com-
 47        mercial feed is distributed.
 48        3.(c)  The  guaranteed  analysis  stated in such terms as the director, by
 49        regulation rule, determines is required to advise the user of the composi-
 50        tion of the feed or to support claims made in the labeling.  In all  cases
 51        the  substances  or  elements  must be determinable by laboratory methods,
 52        such as the methods published by the association  of  official  analytical
 53        chemists.
                                                                        
                                           6
                                                                        
  1        4.(d)  The common or usual name of each ingredient used in the manufacture
  2        of  the  commercial  feed: provided that the director, by regulation rule,
  3        may permit the use  of a collective term for a group of ingredients  which
  4        perform  a  similar  function,  or the director may exempt such commercial
  5        feeds, or any group thereof, from this requirement of an ingredient state-
  6        ment if the director finds that such statement  is  not  required  in  the
  7        interest of consumers.
  8        5.(e)  The  name  and principal mailing address of the manufacturer or the
  9        person responsible for distributing the commercial feed.
 10        6.(f)  Adequate directions for use for  all  commercial  feeds  containing
 11        drugs  and for such other feeds as the director may require, by regulation
 12        rule, as necessary for their safe and effective use.
 13        7.(g)  Such precautionary statements as the director, by regulation  rule,
 14        determines  are necessary for the safe and effective use of the commercial
 15        feed.
 16        b.(2)  A customer-formula feed shall be accompanied by  a  label  invoice,
 17    delivery slip, or other shipping document bearing the following information:
 18        1.(a)  Name and address of the manufacturer.
 19        2.(b)  Name and address of the purchaser.
 20        3.(c)  Date of delivery.
 21        4.(d)  The  product  name and net weight (may be stated parenthetically in
 22        metric units in addition to the required avoirdupois), net volume  (liquid
 23        or  dry)  of each commercial feed and the guaranteed analysis, listing the
 24        minimum percentage of crude protein, minimum percentage of crude fat,  and
 25        the  maximum  percentage of crude fiber other ingredients used in the mix-
 26        ture.
 27        5.(e)  Adequate directions for use for all customer-formula feeds contain-
 28        ing drugs and for such other feeds as the director may require, by regula-
 29        tion rule, as necessary for their safe and effective use.
 30        6.(f)  The directions for use and precautionary statements as required  by
 31        regulation rule.
 32        7.(g)  If a drug-containing product is used:
 33             (i.)  The purpose of the medication (claim statement).
 34             (ii.) The  established  name  of  each active drug ingredient and the
 35             level of each drug used in the final mixture expressed in  accordance
 36             with regulation rule.
                                                                        
 37        SECTION  6.  That  Section 25-2720, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        25-27206.  INSPECTION FEES AND REPORTS. a.(1) There shall be paid  to  the
 40    department  of agriculture for all commercial feeds distributed in this state,
 41    an inspection fee at the rate of not more than twenty cents (20¢) per ton,  by
 42    the registrant except that a person other than the registrant, such as another
 43    registrant  or  tonnage-only distributor, may assume liability for the inspec-
 44    tion fee. Fees so collected shall be paid into the state treasury  and  placed
 45    in  the  "Commercial  Feed  and  Fertilizer Fund" and shall be used to pay the
 46    costs of inspection, sampling, analysis, and other expenses necessary for  the
 47    administration  of  this chapter. Payment of inspection fees is subject to the
 48    following:
 49        1.(a)  No fee shall be paid on a commercial feed if the payment  has  been
 50        made by a previous distributor.
 51        2.(b)  No  fee  shall  be paid on customer-formula feeds if the inspection
 52        fee is paid on the commercial feeds which are used as ingredients therein.
 53        3.(c)  No fee shall be paid on commercial feeds which are used as ingredi-
                                                                        
                                           7
                                                                        
  1        ents for the manufacture of commercial feeds which are registered. If  the
  2        fee has already been paid, credit shall be given for such payment.
  3        4.(d)  No fee shall be paid on sSales of commercial feeds to manufacturers
  4        or  exchanges  between them are hereby exempted if the commercial feeds so
  5        sold or exchanged are used solely in the manufacture of  feeds  which  are
  6        registered.
  7        5.(e)  In  the case of a commercial feed which is distributed in the state
  8        in packages of ten (10) pounds or less, an a nonrefundable  annual  regis-
  9        tration  fee  of twenty-five dollars ($25.00) per product shall be paid in
 10        lieu of an inspection fee.
 11        6.(f)  The minimum inspection fee shall be five dollars ($5.00) per  quar-
 12        ter.
 13        (g)  When  more  than  one (1) person is involved in the distribution of a
 14        commercial feed, the last registrant or tonnage-only distributor  who  has
 15        distributed  the commercial feed to a nonregistrant, dealer or consumer is
 16        responsible for reporting the  tonnage  and  paying  the  inspection  fee,
 17        unless  the report and payment are made by a prior distributor of the com-
 18        mercial feed. The registrant has the ultimate responsibility for the  pay-
 19        ment of inspection fees.
 20        (h)  In  the  case  of  food  production  waste,  except  commercial feeds
 21        excluded in subsection (3) of section 25-2703, Idaho Code, containing more
 22        than fifty percent (50%) moisture distributed without further  processing,
 23        the inspection fee shall be five cents (5¢) per ton.
 24        b.(2)  Payment  of  the  inspection  fee shall be evidenced by a statement
 25    made under oath in due form of law, of commercial  feed  distributed  together
 26    with documents, as prescribed by the director, showing that fees corresponding
 27    to  the tonnage were received by the director. Every person required to regis-
 28    ter in accordance with section 25-271804, Idaho Code, shall:
 29        1.(a)  File, not later than the last day  of  January,  April,  July,  and
 30        October  of each year, a quarterly statement under oath, setting forth the
 31        number of net tons of commercial feeds distributed in  this  state  during
 32        the preceding three (3) month period; and upon filing such statement shall
 33        pay the inspection fee at the rate stated in paragraph a subsection (1) of
 34        this section.
 35        2.(b)  Keep  such  records as may be necessary or required by the director
 36        to indicate accurately the tonnage of commercial feed distributed in  this
 37        state  and  the  director  shall  have  the right to examine and copy such
 38        records to verify statements of tonnage.
 39        3.(c)  Inspection fees which are due and owing and have not been  remitted
 40        to  the  department  within thirty (30) days following the due date by the
 41        last day of January, April, July or October of each year shall have a late
 42        collection fee of ten percent (10%), but not less than twenty-five dollars
 43        ($25.00), added to the amount  due  when  payment  is  finally  made.  The
 44        assessment of this late collection fee shall not prevent the director from
 45        taking  any  other action as provided for in this chapter. Failure to make
 46        an accurate statement of tonnage or to pay the inspection fee or comply as
 47        provided herein shall constitute sufficient cause for the cancellation  of
 48        all registrations on file for the distributor.
 49        (3)  The  registrant  or  tonnage-only distributor distributing or selling
 50    feed or feed ingredients to a nonregistrant or consumer shall furnish  to  the
 51    department  a report showing the amount, in tons, of each feed. In the case of
 52    feed sold to an intermediate distributor, the  registrant,  tonnage-only  dis-
 53    tributor  or  distributor  shall  list the name, address, telephone number and
 54    amount, in tons, of each feed product sold to each  intermediate  distributor.
 55    Information furnished to the department under this section is exempt from dis-
                                                                        
                                           8
                                                                        
  1    closure under subsection (1) or (2) of section 9-340D, Idaho Code, if the dis-
  2    closure would divulge the operation of any person.
                                                                        
  3        SECTION  7.  That  Section 25-2721, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        25-272107.  ADULTERATION. No person shall distribute an  adulterated  com-
  6    mercial feed. A commercial feed shall be deemed to be adulterated:
  7        a.(1)  If  it  bears  or  contains  any poisonous or deleterious substance
  8    which may render it injurious to health, but in case the substance is  not  an
  9    added  substance,  such  commercial  feed  shall not be considered adulterated
 10    under the provisions of this subsection if the quantity of such  substance  in
 11    such commercial feed does not ordinarily render it injurious to health.
 12        b.(2)  If  it bears or contains any added poisonous, added deleterious, or
 13    added nonnutritive substance which is unsafe within the meaning of section 406
 14    of the federal food, drug, and  cosmetic  act,  as  amended,  and  regulations
 15    adopted thereunder other than one which is:
 16        1.(a)  A pesticide chemical in or on a raw agricultural commodity; or
 17        2.(b)  A food additive.
 18        c.(3)  If it is, or it bears or contains any food additive which is unsafe
 19    within the meaning of section 409 of the federal food, drug, and cosmetic act,
 20    as amended, and regulations adopted thereunder.
 21        d.(4)  If  it  is  a raw agricultural commodity and it bears or contains a
 22    pesticide chemical which is unsafe within the meaning of section 408(a) of the
 23    federal food, drug and cosmetic  act,  as  amended,  and  regulations  adopted
 24    thereunder;  provided that where a pesticide chemical has been used in or on a
 25    raw agricultural commodity in conformity with an exemption granted or a toler-
 26    ance prescribed under section 408 of the federal food, drug, and cosmetic act,
 27    as amended, and regulations adopted thereunder, and such raw agricultural com-
 28    modity has been subjected to processing such as  canning,  cooking,  freezing,
 29    dehydrating,  or  milling, the residue of such pesticide chemical remaining in
 30    or on such processed feed shall not be deemed unsafe if such residue in or  on
 31    the raw agricultural commodity has been removed to the extent possible in good
 32    manufacturing  practice and the concentration of such residue in the processed
 33    feed is not greater than the tolerance prescribed  for  the  raw  agricultural
 34    commodity  unless  the feeding of such processed feed will result or is likely
 35    to result in a pesticide residue in the edible product of the animal, which is
 36    unsafe within the meaning of section 408(a) of the  federal  food,  drug,  and
 37    cosmetic act, as amended, and regulations adopted thereunder.
 38        e.(5)  If  it  is,  or  it  bears  or contains any color additive which is
 39    unsafe within the meaning of section 70621 of the federal food, drug and  cos-
 40    metic act, as amended, and regulations adopted thereunder.
 41        f.(6)  If  it  is,  or  it  bears or contains any new animal drug which is
 42    unsafe within the meaning of section 512 of the federal food,  drug  and  cos-
 43    metic act, as amended, and regulations adopted thereunder.
 44        g.(7)  If  any  valuable  constituent has been in whole or part omitted or
 45    abstracted therefrom or any less valuable substance substituted therefor.
 46        h.(8)  If its composition or quality falls  below  or  differs  from  that
 47    which it is purported or is represented to possess by its labeling.
 48        i.(9)  If  it contains added hulls, screenings, straw, cobs, or other high
 49    fiber material unless the name of each such material  is  clearly  and  promi-
 50    nently stated on the label.
 51        j.(10) If  it contains a drug and the methods used in or the facilities or
 52    controls used for its manufacture, processing or packaging do not  conform  to
 53    current good manufacturing practice regulations promulgated by the director to
                                                                        
                                           9
                                                                        
  1    assure  that  the drug meets the requirements of this chapter as to safety. In
  2    promulgating such regulations, the director shall adopt the current good manu-
  3    facturing practice regulations for type A medicated articles and  type  B  and
  4    type  C medicated feeds established under authority of the federal food, drug,
  5    and cosmetic act, unless the director determines that they are not appropriate
  6    to the conditions which exist in this state.
  7        k.(11) If it contains viable noxious weed seeds or  other  weed  seeds  in
  8    amounts  exceeding  the  limits which the director shall establish by rule. or
  9    regulation.
 10        (12) If it consists, in whole or in part, of any filthy, putrid, or decom-
 11    posed substance, or if it is otherwise unfit for feed.
 12        (13) If it has been prepared, packed, or held under unsanitary  conditions
 13    whereby  it  may  have  become contaminated with filth, or whereby it may have
 14    been rendered injurious to health.
 15        (14) If it is, in whole or in part, the product of a diseased animal or of
 16    an animal which has died otherwise than by slaughter which  is  unsafe  within
 17    the  meaning  of  section  409 of the federal food, drug, and cosmetic act, as
 18    amended, and regulations adopted thereunder.
 19        (15) If its container is composed, in whole or in part, of  any  poisonous
 20    or deleterious substances which may render the contents injurious to health.
 21        (16) If  it  has been intentionally subjected to radiation, unless the use
 22    of the radiation was in conformity with the regulation or exemption in  effect
 23    pursuant  to  section  409  of  the  federal  food, drug, and cosmetic act, as
 24    amended, and regulations adopted thereunder.
                                                                        
 25        SECTION 8.  That Section 25-2722, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:
                                                                        
 27        25-272208.  MISBRANDING.  No  person  shall  distribute misbranded feed. A
 28    commercial feed shall be deemed to be misbranded:
 29        a.(1)  If its labeling is or advertisements are false or misleading in any
 30    particular.
 31        b.(2)  If it is distributed under the name of another feed.
 32        c.(3)  If its container is not labeled as required in  section  25-271905,
 33    Idaho Code, and in regulations rules prescribed under this chapter.
 34        d.(4)  If  it  purports to be, or is represented as, a commercial feed, or
 35    if it purports to contain or is represented as containing  a  commercial  feed
 36    ingredient,  unless  such  commercial  feed or feed ingredient conforms to the
 37    definition, if any, prescribed by regulation rule by the director.
 38        e.(5)  If any word, statement, or other information required by  or  under
 39    authority  of  this  chapter  to appear on the label or labeling is not promi-
 40    nently placed thereon  with  such  conspicuousness  (as  compared  with  other
 41    words,  statements,  designs or devices, in the labeling) and in such terms as
 42    to render it likely to be read and understood by the ordinary individual under
 43    customary conditions of purchase and use.
 44        f.(6)  If it purports to be or is represented for  special  dietary  uses,
 45    unless  its  label bears such information concerning its vitamin, mineral, and
 46    other dietary properties as the commissioner director determines to be, and by
 47    regulations  rules prescribes as necessary in order fully to inform purchasers
 48    as to its value for such uses.
                                                                        
 49        SECTION 9.  That Section 25-2723, Idaho Code, be, and the same  is  hereby
 50    amended to read as follows:
                                                                        
 51        25-272309.  INSPECTION,  SAMPLING,  ANALYSIS.  a.(1)  For  the  purpose of
                                                                        
                                           10
                                                                        
  1    enforcement of this chapter, and in order to determine whether its  provisions
  2    have  been  complied with, including whether or not any operations may be sub-
  3    ject to such provisions, officers or employees duly designated by the director
  4    upon presenting appropriate credentials, to the owner, operator, or  agent  in
  5    charge, are authorized:
  6        (1a)  To  enter,  during normal business hours, any factory, warehouse, or
  7        establishment within the state in which commercial feeds are manufactured,
  8        processed, packed, or held for distribution, or to enter any vehicle being
  9        used to transport or hold such feeds, and
 10        (2b)  To inspect, at reasonable times and within reasonable limits and  in
 11        a reasonable manner, such factory, warehouse, establishment or vehicle and
 12        all  pertinent  equipment,  finished and unfinished materials, containers,
 13        and labeling therein.
 14    The inspection may include the verification of only such records, and  produc-
 15    tion  and  control procedures as may be necessary to determine compliance with
 16    the good manufacturing practice regulations established under  the  provisions
 17    of  this  chapter.  Each inspection shall be commenced and completed with rea-
 18    sonable promptness.  Upon completion of the inspection, the person  in  charge
 19    of the facility or vehicle shall be so notified.
 20        b.(2)  Sampling and analysis shall be conducted in accordance with methods
 21    published by the association of official analytical chemists, or in accordance
 22    with other generally recognized methods.
 23        c.(3)  The  director, in determining for administrative purposes whether a
 24    commercial feed is deficient in any component, shall be guided by the official
 25    sample as defined in paragraph (o) subsection (18) of section 25-271703, Idaho
 26    Code, and obtained and analyzed as provided for in section 25-2723, Idaho Code
 27    this section.
 28        d.(4)  If the owner of any factory, warehouse, or establishment  described
 29    in  subsection a(1) of this section, or authorized agent, refuses to admit the
 30    director or an authorized agent to inspect in accordance with subsections a(1)
 31    and e(5) of this section, the director is authorized to obtain from any  state
 32    court  of  competent  jurisdiction  a warrant directing such owner or agent to
 33    submit the premises described in such warrant to inspection.
 34        e.(5)  For the enforcement of this chapter, the director or a duly  autho-
 35    rized agent is authorized to enter upon any public or private premises includ-
 36    ing  any vehicle of transport during regular business hours to have access to,
 37    and to obtain samples, and to examine and make copies of records  relating  to
 38    distribution of commercial feeds.
 39        f.(6)  The  results of all analyses of official samples shall be forwarded
 40    by the director to the registrant and to the purchaser.  When  the  inspection
 41    and  analysis of an  official sample indicate a commercial feed has been adul-
 42    terated or misbranded and upon request by the registrant or  purchaser  within
 43    thirty (30) days following the receipt of the analysis the director shall fur-
 44    nish to the registrant a portion of the sample concerned.
                                                                        
 45        SECTION  10.  That Section 25-2724, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        25-272410.  REGULATIONS RULES, STANDARDS,  DEFINITIONS.  The  director  is
 48    hereby charged with the enforcement of this act chapter, and after due public-
 49    ity  and  due public hearing is empowered to promulgate and adopt such reason-
 50    able rules and regulations as may be necessary to carry into effect  the  full
 51    intent  and  meaning  of this act chapter, including the establishment of fees
 52    for services. The director is hereby  empowered  to  adopt  regulations  rules
 53    establishing definitions for commercial feeds and such other regulations rules
                                                                        
                                           11
                                                                        
  1    as may be necessary for the enforcement of any provision of this act chapter.
                                                                        
  2        SECTION  11.  That Section 25-2725, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
                                                                        
  4        25-272511.  DETAINED COMMERCIAL FEEDS "STOP SALE, USE, OR REMOVAL" ORDERS.
  5    a. "Withdrawal from sale or distribution"  order.  When  the  director  or  an
  6    authorized  agent  has  reasonable cause to believe a commercial feed is being
  7    distributed in violation of any of the provisions of this chapter or of any of
  8    the prescribed regulations under this chapter,  the  director  may  issue  and
  9    enforce  a  written  or  printed  "withdrawal from sale or distribution" order
 10    warning the distributor not to dispose of the feed in any manner until written
 11    permission is given by the director or the court. The director  shall  release
 12    the commercial feed so withdrawn when the provisions and regulations have been
 13    complied  with and all costs and expenses incurred in the withdrawal have been
 14    paid. If compliance is not obtained within  thirty  (30)  days,  the  director
 15    shall  begin  proceedings  for  condemnation.  (1) In the event the department
 16    finds that commercial feed is being offered for  sale  in  violation  of  this
 17    chapter  or rules promulgated under this chapter, the department may issue and
 18    enforce a written or printed "stop sale, use, or removal" order  to  the  dis-
 19    tributor,  owner  or  custodian of the commercial feed and hold the commercial
 20    feed, or order it held, at a designated place until the law has been  complied
 21    with  and the commercial feed is released in writing by the department, or the
 22    violation has been otherwise legally disposed of by written authority.  Unless
 23    the  department grants a written extension, the owner or custodian of any com-
 24    mercial feed that has been issued a "stop sale, use, or removal"  order  shall
 25    remedy the violation within thirty (30) days. The department shall release the
 26    commercial  feed  so withdrawn when the requirements of this chapter have been
 27    complied with and all costs and expenses incurred in connection with the with-
 28    drawal have been paid.
 29        b.(2)  Condemnation and confiscation. Any lot of commercial  feed  not  in
 30    compliance  with  the  provisions  of this chapter, or rules promulgated under
 31    this chapter, shall be subject to seizure on complaint of the  director  to  a
 32    court  of  competent jurisdiction in the area in which said commercial feed is
 33    located. In the event the court finds the said commercial feed to be in viola-
 34    tion of the provisions of this chapter and orders  the  condemnation  of  said
 35    commercial  feed,  it  shall  be disposed of in any manner consistent with the
 36    quality of the commercial feed and the laws of the state: provided, that in no
 37    instance shall the disposition of said  commercial  feed  be  ordered  by  the
 38    court  without  first giving the claimant an opportunity to apply to the court
 39    for release of said commercial feed or for permission to  process  or  relabel
 40    said  commercial  feed to bring it into compliance with the provisions of this
 41    chapter.
                                                                        
 42        SECTION 12.  That Chapter 27, Title 25, Idaho Code, be, and  the  same  is
 43    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 44    ignated as Section 25-2712, Idaho Code, and to read as follows:
                                                                        
 45        25-2712.  PROHIBITED ACTS. Acts including, but not limited to, the follow-
 46    ing acts and the causing thereof within the state of Idaho are hereby  prohib-
 47    ited:
 48        (1)  The  manufacture or distribution of any commercial feed that is adul-
 49    terated or misbranded.
 50        (2)  The adulteration or misbranding of any commercial feed.
 51        (3)  The distribution of agricultural commodities such as whole seed, hay,
                                                                        
                                           12
                                                                        
  1    straw, stover, silage, cobs, husks, and hulls which are adulterated within the
  2    meaning of section 25-2707, Idaho Code.
  3        (4)  The failure or refusal to register products in  accordance  with  the
  4    provisions of section 25-2704, Idaho Code.
  5        (5)  The  failure  to  label products in accordance with the provisions of
  6    section 25-2705, Idaho Code.
  7        (6)  The failure to pay inspection fees and file reports  as  required  by
  8    section 25-2706, Idaho Code.
  9        (7)  The  reuse of bags or totes used for commercial feeds, including cus-
 10    tomer formula feeds, that are not appropriately cleaned. A person that intends
 11    to reuse bags or totes must document their cleanout procedures.
 12        (8)  The removal or disposal of a commercial feed in violation of an order
 13    under section 25-2711, Idaho Code.
                                                                        
 14        SECTION 13.  That Section 25-2726, Idaho Code, be, and the same is  hereby
 15    amended to read as follows:
                                                                        
 16        25-272613.  PENALTIES  FOR  VIOLATIONS. a.(1) Any person convicted of vio-
 17    lating any of the provisions of this chapter, or  the  rules  and  regulations
 18    issued  thereunder  promulgated  under  this  chapter,  or  who  shall impede,
 19    obstruct, hinder, or otherwise prevent or attempt to prevent said director  or
 20    a  duly  authorized  agent in performance of their duty in connection with the
 21    provisions of this chapter, shall be adjudged  guilty  of  a  misdemeanor  and
 22    shall  be fined not more than five hundred dollars ($500) for the first viola-
 23    tion, and not more than one thousand five hundred dollars ($1,500) for a  sub-
 24    sequent  violation.  In  all prosecutions under the provisions of this chapter
 25    involving the composition of a lot of commercial feed, a certified copy of the
 26    official analysis signed by the director shall be accepted as prima facie evi-
 27    dence of the composition.
 28        b.(2)  Any person who violates or fails to comply with any of  the  provi-
 29    sions  of this chapter or any regulations rules promulgated under this chapter
 30    may be assessed a civil penalty by the department or its duly authorized agent
 31    of not more than five hundred ten thousand dollars ($510,000) for each offense
 32    and shall be liable for reasonable attorney's fees.   Assessment  of  a  civil
 33    penalty  may  be  made in conjunction with any other department administrative
 34    action. No civil penalty may be assessed unless the person charged  was  given
 35    notice and opportunity for a hearing pursuant to the Idaho administrative pro-
 36    cedure  act,  chapter  52,  title 67, Idaho Code. If the director is unable to
 37    collect such penalty or if any person fails to pay all or a set portion of the
 38    civil penalty as determined by the department, it may recover such  amount  by
 39    action in the appropriate district court. Any person against whom the director
 40    has  assessed a civil penalty under the provisions of this section may, within
 41    thirty (30) days of the final action by  the  agency  making  the  assessment,
 42    appeal  the assessment to the district court of the county in which the viola-
 43    tion is alleged by the department  to  have  occurred.  Moneys  collected  for
 44    violation of a rule or regulation shall be remitted to the feed and fertilizer
 45    account.
 46        c.(3)  Nothing  in this chapter shall be construed as requiring the direc-
 47    tor or a duly authorized representative to report for prosecution or  for  the
 48    institution  of seizure proceedings as a result of minor violations of the act
 49    chapter when the director believes that  the  public  interest  will  be  best
 50    served by a suitable notice of warning in writing.
 51        d.(4)  It  shall  be  the  duty  of  each prosecuting attorney to whom any
 52    violation is reported to cause appropriate proceedings to  be  instituted  and
 53    prosecuted  in  a  court  of  competent jurisdiction without delay. Before the
                                                                        
                                           13
                                                                        
  1    director reports a violation for such prosecution,  an  opportunity  shall  be
  2    given the distributor to present his view to the director.
  3        e.(5)  The  director  is  hereby  authorized to apply for and the court to
  4    grant a temporary or permanent injunction restraining any person from  violat-
  5    ing  or  continuing  to  violate  any of the provisions of this chapter or any
  6    rules or regulation promulgated under the  this  chapter  notwithstanding  the
  7    existence of other remedies at law. Said injunction to be issued without bond.
                                                                        
  8        SECTION  14.  That Section 25-2727, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        25-272714.  PUBLICATIONS. The director shall publish at least annually, in
 11    such forms as he may deem proper, information concerning the sales of  commer-
 12    cial feeds, together with such data on their production and use as he may con-
 13    sider  advisable, and a report of the results of the analyses of official sam-
 14    ples of commercial feeds sold within the state as compared with  the  analyses
 15    guaranteed  in  the registration and on the label; provided, however, that the
 16    information concerning production and use of commercial feeds shall  not  dis-
 17    close  the  operations  of  any person and the information shall be subject to
 18    disclosure according to chapter 3, title 9, Idaho Code.
                                                                        
 19        SECTION 15.  That Section 25-2728, Idaho Code, be, and the same is  hereby
 20    amended to read as follows:
                                                                        
 21        25-272815.  COOPERATION  WITH  OTHER  ENTITIES. The director may cooperate
 22    with and enter into agreements with governmental agencies of this state, other
 23    states, agencies of the federal government, private associations, and  commer-
 24    cial  feed  manufacturers  in order to carry out the purpose and provisions of
 25    this chapter.
                                                                        
 26        SECTION 16.  That Chapter 27, Title 25, Idaho Code, be, and  the  same  is
 27    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 28    ignated  as Section 25-2716, Idaho Code, and to read as follows:
                                                                        
 29        25-2716.  SEVERABILITY. The provisions of this act are hereby declared  to
 30    be  severable and if any provision of this act or the application of such pro-
 31    vision to any person or circumstance is declared invalid for any reason,  such
 32    declaration  shall  not  affect the validity of the remaining portions of this
 33    act.
                                                                        
 34        SECTION 17.  That Chapter 27, Title 25, Idaho Code, be, and  the  same  is
 35    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 36    ignated as Section 25-2717, Idaho Code, and to read as follows:
                                                                        
 37        25-2717.  USE OF FUNDS RECEIVED. All moneys received by the director  from
 38    the enforcement of this chapter including, but not limited to, registration of
 39    feeds   or   feed  ingredients,  inspection  fees  and  moneys  collected  for
 40    violation(s) of this chapter or rules promulgated under this chapter, shall be
 41    paid into the state treasury and placed in the "commercial feed and fertilizer
 42    fund." Moneys in the commercial feed  and  fertilizer  fund  are  continuously
 43    appropriated for the purposes of carrying out the provisions of this chapter.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15418C3
                                
The current law is in need of revision to bring it up-to-date with
the Association of American Feed Control Officials uniform code and
resolve some house keeping issues. The current code has not
undergone a major revision since 1993. The current code will be
renumbered and re-organized. Items such as single ingredient
minerals, high moisture food processing waste, live or whole
animals, and animal remedies will be exempted from registration
under the law. Several new definitions will be added. Registration
fees will be made non-refundable which would be consistent with the
current Fertilizer and Soil and Plant Amendment laws. Penalties for
the distribution of unregistered product and late renewal
submission will be adopted. The civil penalty authority will be
made consistent with most other laws in the Department. New
sections will be added addressing severability, rules, wholesale
trade, and disposition of funds received.


                         FISCAL IMPACT
                                
No registration fee or inspection (tonnage fee) will be increased.
The over all fiscal impact is expected to net approximately $29,000
due to non-refundable registration fees, penalties for late
renewals, and the distributing unregistered products. This amount
is expected to decrease over time as better registration compliance
and compliance with the renewal deadline is achieved.  These
penalties are consistent with those in Fertilizer and Soil and
Plant Amendment laws passed by the legislature a few years ago.
Revenue from the establishment of a tonnage only registrant
category and the .05 cent tonnage fee for high moisture  food
product wastes will be minimal, probably less that $5,000 over
time. The increase in the Civil Penalty from $500 to $10,000 will
achieve consistency with a number of other laws within the
Department and will be implemented though the development of a
penalty matrix in rule.

  
Contact     
Name: Michael E. Cooper, Rick Killebrew 
Idaho State Department of Agriculture 
Phone: 332-8620


STATEMENT OF PURPOSE/FISCAL NOTE                         H 465