2007 Legislation
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HOUSE BILL NO. 57 – Animal remedies, registration

HOUSE BILL NO. 57

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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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                    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