View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0057...............................................by AGRICULTURAL AFFAIRS REGISTRATION OF ANIMAL REMEDIES - Adds to existing law relating to the registration of animal remedies to provide for registration and fees; to provide for exemptions from registration; to authorize the Idaho Department of Agriculture to promulgate rules; and to provide for civil penalties. 01/25 House intro - 1st rdg - to printing 01/26 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 57 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE REGISTRATION OF ANIMAL REMEDIES; AMENDING TITLE 25, IDAHO 3 CODE, BY THE ADDITION OF A NEW CHAPTER 40, TITLE 25, IDAHO CODE, TO DEFINE 4 TERMS, TO PROVIDE FOR REGISTRATION AND FEES, TO PROVIDE FOR EXEMPTIONS 5 FROM REGISTRATION, TO AUTHORIZE THE IDAHO DEPARTMENT OF AGRICULTURE TO 6 PROMULGATE RULES AND TO PROVIDE FOR CIVIL PENALTIES; AND DECLARING AN 7 EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Title 25, Idaho Code, be, and the same is hereby amended 10 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 11 ter 40, Title 25, Idaho Code, and to read as follows: 12 CHAPTER 40 13 REGISTRATION OF ANIMAL REMEDIES 14 25-4001. DEFINITIONS. When used in this act: 15 (1) "Animal remedy" means any pharmaceutical, proprietary medicine, vet- 16 erinary biologics, or combination of these substances and other ingredients, 17 other than for food or cosmetic purposes, which is prepared or compounded for 18 any animal use except man, or materials other than food intended to affect the 19 structure or any function of the body of animals other than man. This term 20 does not include medicated feeds. 21 (2) "Department" means the Idaho department of agriculture. 22 (3) "Director" means the director of the Idaho department of agriculture. 23 (4) "Person" means any individual, association, partnership, firm, joint 24 stock company, joint venture, trust, estate, political subdivision, public or 25 private corporation, or any legal entity, that is recognized by law as the 26 subject of rights and duties. 27 (5) "Pharmaceutical" means any product prescribed for the treatment or 28 prevention of disease for veterinary purposes, including vaccines, synthetic 29 and natural hormones, anesthetics, stimulants or depressants. 30 (6) "Veterinary biologic" means any biologic product used for veterinary 31 purposes. 32 25-4002. REGISTRATION -- FEES. (1) No person shall sell, offer for sale, 33 or deliver to a user, an animal remedy in package or in bulk, that has not 34 been registered with the department. Products regulated under the federal 35 insecticide, fungicide, and rodenticide act which are registered with the 36 department under chapter 34, title 22, Idaho Code, or products registered with 37 the department pursuant to chapter 27, title 25, Idaho Code, are not required 38 to be registered under this section. Except as otherwise provided by law, the 39 manufacturer of each animal remedy to be sold in Idaho, whether in package or 40 in bulk, shall register each product with the department annually. Manufac- 41 turers who sell more than one (1) animal remedy in the state may register all 2 1 such products on one (1) application. 2 (2) The application for registration of an animal remedy shall be made on 3 forms approved by the department and shall be accompanied by an annual regis- 4 tration fee for each product in an amount not to exceed one hundred fifty dol- 5 lars ($150) as the department, by rule, shall determine. 6 (3) All product registrations shall expire on June 30 of each year. 7 (4) Moneys collected pursuant to this chapter, or rules promulgated under 8 this chapter, shall be deposited in the state treasury and credited to the 9 livestock disease control and T.B. indemnity fund. 10 25-4003. EXEMPTIONS FROM REGISTRATION. (1) The following animal remedies 11 are exempt from the provisions of section 25-4002, Idaho Code: 12 (a) The product is transported through Idaho to a destination outside of 13 Idaho; 14 (b) The product is manufactured within Idaho solely for the purpose of 15 exportation; or 16 (c) The product is compounded by Idaho licensed veterinarians for use in 17 the course of their practice. 18 (2) Federal, state of Idaho, and other governmental agencies are exempt 19 from the provisions of section 25-4002, Idaho Code. 20 25-4004. RULES FOR REGISTRATION OF ANIMAL REMEDIES. The department is 21 hereby authorized and empowered to make, promulgate, and enforce necessary 22 administrative rules in compliance with chapter 52, title 67, Idaho Code, for 23 the registration of animal remedies, to set fees for said registration, and 24 for the enforcement of this chapter. 25 25-4005. CIVIL PENALTIES. (1) Any person, firm or corporation violating 26 the provisions of this chapter or rules promulgated under this chapter may be 27 assessed a civil penalty by the department or its agent of not more than five 28 thousand dollars ($5,000) for each offense. Persons, firms or corporations 29 against whom civil penalties are assessed are liable for reasonable attorney's 30 fees. Civil penalties may be assessed in conjunction with any other department 31 administrative action. Civil penalties may not be assessed unless the person, 32 firm or corporation charged has been given notice and an opportunity for a 33 hearing pursuant to the provisions of chapter 52, title 67, Idaho Code. If the 34 department is unable to collect an assessed civil penalty or if any person, 35 firm or corporation fails to pay all or a set portion of a civil penalty as 36 determined by the department, the department may recover such amount by action 37 in the appropriate district court. Any person, firm or corporation against 38 whom the department has assessed a civil penalty under this chapter may, 39 within twenty-eight (28) days of the final agency action making the assess- 40 ment, seek judicial review of the assessment in accordance with the provisions 41 of chapter 52, title 67, Idaho Code. Moneys collected for violations of this 42 chapter, or rules promulgated under this chapter, shall be deposited in the 43 state treasury and credited to the livestock disease control and T.B. indem- 44 nity fund. 45 (2) Nothing in this section requires the director to report minor viola- 46 tions for prosecution when he believes that the public interest will be best 47 served by suitable warnings or other administrative action. 48 SECTION 2. An emergency existing therefor, which emergency is hereby 49 declared to exist, this act shall be in full force and effect on and after its 50 passage and approval.
STATEMENT OF PURPOSE RS 16548 The purpose of this legislation is to provide a mechanism to stabilize the livestock disease control and T.B. indemnity fund and to maintain the level of services provided to Idaho’s livestock industry. Receipts to the livestock disease control and T.B. indemnity fund have been declining because brand inspections which are the primary source of funds have been declining. At the same time operating expenses have been increasing. FISCAL NOTE There will be a positive fiscal impact to the livestock disease control and T.B. indemnity fund. The amount of the fiscal impact will be determined through a negotiated rule making process. CONTACT Name: John Chatburn Agency: Agriculture, Dept. of Phone: 332-8540 STATEMENT OF PURPOSE/FISCAL NOTE H 57