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HOUSE BILL NO. 465
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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
]]]] 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 25-27 1501. TITLE. This act chapter shall be known as the "Idaho Commer-
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 25-27 1602. 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 25-27 1703. 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 25-27 2107, 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.
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 25-27 2107, 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-
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-
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
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 25-27 2309, 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
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 25-27 1804, 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
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-
36 SECTION 4. That Section 25-2718, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 25-27 1804. 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
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
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 25-27 1905. 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 t The 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
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
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-
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 25-27 206. 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
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-
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 s Sales 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
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-
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 25-27 1804, 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-
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 25-27 2107. 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 7 0621 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
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
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 25-27 2208. 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
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 25-27 1905,
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 25-27 2309. INSPECTION, SAMPLING, ANALYSIS. a.(1) For the purpose of
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 25-27 1703, 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 25-27 2410. 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
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 25-27 2511. 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
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-
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,
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 25-27 2613. 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
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
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 25-27 2714. 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 25-27 2815. 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
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
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.
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.
Name: Michael E. Cooper, Rick Killebrew
Idaho State Department of Agriculture
STATEMENT OF PURPOSE/FISCAL NOTE H 465