2007 Legislation
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HOUSE BILL NO. 205 – Animal remedies, registration


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Bill Status

H0205......................................................by STATE AFFAIRS
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.
02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to Agric Aff
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 49-17-4
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Black, Block, Bolz,
      Brackett, Bradford, Chadderdon, Clark, Collins, Crane, Durst,
      Edmunson, Eskridge, Hagedorn, Harwood, Henbest, Jaquet, King, Kren,
      Lake, LeFavour, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nonini, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Sayler, Shepherd(2), Shirley, Shively, Snodgrass, Stevenson, Trail,
      Wills, Wood(27), Mr. Speaker
      NAYS -- Barrett, Bock, Boe, Chavez, Chew, Hart, Killen, Labrador,
      Loertscher, Nielsen, Pasley-Stuart, Ruchti, Shepherd(8), Smith(30),
      Smith(24), Thayn, Vander Woude
      Absent and excused -- Bilbao, Henderson, Schaefer, Wood(35)
    Floor Sponsor - Stevenson
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to Agric Aff

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 205
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  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, which 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 been
 34    registered  with  the department, unless the manufacturer of the animal remedy
 35    is currently registered with the department as an animal remedy  manufacturer.
 36    Products  regulated  under the federal insecticide, fungicide, and rodenticide
 37    act which are registered with the department under chapter 34, title 22, Idaho
 38    Code, or products registered with the department pursuant to chapter 27, title
 39    25, Idaho Code, are not required to be registered under this  section.  Except
 40    as  otherwise  provided  by  law, the manufacturer of each animal remedy to be
 41    sold in Idaho, whether in package or in bulk, shall register each product with
  1    the department annually or shall register annually with the department  as  an
  2    animal  remedy  manufacturer.  Manufacturers who sell more than one (1) animal
  3    remedy in the state may register all such products on one (1) application.
  4        (2)  The application for registration of an animal remedy shall be made on
  5    forms approved by the department and shall be accompanied by an annual  regis-
  6    tration  fee  for  each product in an amount not to exceed one hundred dollars
  7    ($100) as the department, by rule, shall determine.
  8        (3)  The application for registration as  an  animal  remedy  manufacturer
  9    shall  be made on forms approved by the department and shall be accompanied by
 10    an annual registration fee as the department, by rule, shall determine.
 11        (4)  All product and animal remedy manufacturer registrations shall expire
 12    on June 30 of each year.
 13        (5)  Moneys collected pursuant to this chapter, or rules promulgated under
 14    this chapter, shall be deposited in the state treasury  and  credited  to  the
 15    livestock disease control and T.B. indemnity fund.
 16        25-4003.  EXEMPTIONS  FROM REGISTRATION. (1) The following animal remedies
 17    are exempt from the provisions of section 25-4002, Idaho Code:
 18        (a)  The product is transported through Idaho to a destination outside  of
 19        Idaho;
 20        (b)  The  product  is  manufactured within Idaho solely for the purpose of
 21        exportation; or
 22        (c)  The product is compounded by Idaho licensed veterinarians for use  in
 23        the course of their practice.
 24        (2)  Federal,  state  of Idaho, and other governmental agencies are exempt
 25    from the provisions of section 25-4002, Idaho Code.
 26        25-4004.  RULES FOR REGISTRATION OF ANIMAL  REMEDIES.  The  department  is
 27    hereby  authorized  and  empowered  to make, promulgate, and enforce necessary
 28    administrative rules in compliance with chapter 52, title 67, Idaho Code,  for
 29    the  registration  of  animal remedies and animal remedy manufacturers, to set
 30    fees for said registration, and for the enforcement of this chapter.
 31        25-4005.  CIVIL PENALTIES. (1) Any person, firm or  corporation  violating
 32    the  provisions of this chapter or rules promulgated under this chapter may be
 33    assessed a civil penalty by the department or its agent of not more than  five
 34    thousand  dollars  ($5,000)  for  each offense. Persons, firms or corporations
 35    against whom civil penalties are assessed are liable for reasonable attorney's
 36    fees. Civil penalties may be assessed in conjunction with any other department
 37    administrative action. Civil penalties may not be assessed unless the  person,
 38    firm  or  corporation  charged  has been given notice and an opportunity for a
 39    hearing pursuant to the provisions of chapter 52, title 67, Idaho Code. If the
 40    department is unable to collect an assessed civil penalty or  if  any  person,
 41    firm  or  corporation  fails to pay all or a set portion of a civil penalty as
 42    determined by the department, the department may recover such amount by action
 43    in the appropriate district court. Any person,  firm  or  corporation  against
 44    whom  the  department  has  assessed  a  civil penalty under this chapter may,
 45    within twenty-eight (28) days of the final agency action  making  the  assess-
 46    ment, seek judicial review of the assessment in accordance with the provisions
 47    of  chapter  52, title 67, Idaho Code. Moneys collected for violations of this
 48    chapter, or rules promulgated under this chapter, shall be  deposited  in  the
 49    state  treasury  and credited to the livestock disease control and T.B. indem-
 50    nity fund.
 51        (2)  Nothing in this section requires the director to report minor  viola-
 52    tions  for  prosecution when he believes that the public interest will be best
  1    served by suitable warnings or other administrative action.
  2        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
  3    declared to exist, this act shall be in full force and effect on and after its
  4    passage and approval.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                            RS 17033

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 IMPACT

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.

Name:  John Chatburn 
Phone: 332-8543

STATEMENT OF PURPOSE/FISCAL NOTE                         H 205