Print Friendly HOUSE BILL NO. 205 – Animal remedies, registration
HOUSE BILL NO. 205
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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
]]]] 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
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
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
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
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
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.
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
STATEMENT OF PURPOSE/FISCAL NOTE H 205