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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