Print Friendly SENATE BILL NO. 1305
– Veterinary biologic licensee/regist
SENATE BILL NO. 1305
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S1305...............................................by AGRICULTURAL AFFAIRS
VETERINARY BIOLOGIC LICENSEES - REGISTRATION - Amends existing law to
provide for the registration of veterinary biologic licensees, permittees
and animal drug sponsors; to provide for fees; to provide certain
exemptions from registration; and to provide for civil penalties.
01/18 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Agric Aff
01/25 Rpt out - rec d/p - to 2nd rdg
01/28 2nd rdg - to 3rd rdg
01/30 3rd rdg - PASSED - 23-10-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Keough, Little, Lodge, Malepeai(Sagness),
NAYS -- Fulcher, Kelly, Langhorst, McKague, McKenzie, Pearce,
Richardson, Siddoway, Stennett(Thorson), Werk
Absent and excused -- Burkett, Schroeder
Floor Sponsor - Corder
Title apvd - to House
01/31 House intro - 1st rdg - to Agric Aff
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/19 3rd rdg - FAILED - 29-41-0
AYES -- Anderson, Bedke, Bell, Bilbao, Black, Block, Bock, Bolz,
Brackett, Chavez, Chew, Eskridge, Henbest(Burgoyne), Henderson,
Jaquet, Killen, King, Lake, Pasley-Stuart, Patrick, Pence, Ringo,
Ruchti, Rusche, Shirley, Snodgrass, Stevenson, Trail, Wills
NAYS -- Andrus, Barrett, Bayer, Boe, Bowers, Bradford, Chadderdon,
Clark, Collins, Crane, Durst, Hagedorn, Hart, Harwood, Kren,
Labrador, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Raybould, Roberts, Sayler,
Schaefer, Shepherd(02), Shepherd(08), Shively, Smith(24),
Smith(30)(Stanek), Thayn, Thomas, Vander Woude, Wood(27), Wood(35),
Absent and excused -- None
Floor Sponsor - Trail
Ret'd to Senate
Filed in Office of the Secretary of Senate
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1305
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ANIMALS; AMENDING TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW
3 CHAPTER 40, TITLE 25, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE FOR REGIS-
4 TRATION OF VETERINARY BIOLOGIC LICENSEES AND PERMITTEES AND ANIMAL DRUG
5 SPONSORS, TO PROVIDE FOR FEES, TO PROVIDE CERTAIN EXEMPTIONS FROM REGIS-
6 TRATION, TO PROVIDE FOR RULES AND TO PROVIDE FOR CIVIL PENALTIES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Title 25, Idaho Code, be, and the same is hereby amended
9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
10 ter 40, Title 25, Idaho Code, and to read as follows:
11 CHAPTER 40
12 REGISTRATION OF VETERINARY BIOLOGIC LICENSEES
13 AND PERMITTEES AND ANIMAL DRUG SPONSORS
14 25-4001. DEFINITIONS. When used in this chapter:
15 (1) "Animal drug" means any product manufactured for the treatment or
16 prevention of disease and behavioral disorders or to perform chemical
17 restraint in animals.
18 (2) "Department" means the Idaho department of agriculture.
19 (3) "Director" means the director of the Idaho department of agriculture.
20 (4) "Licensee" means those persons listed as veterinary biologic licen-
21 sees by the United States department of agriculture.
22 (5) "Permittee" means those persons listed as veterinary biologic permit-
23 tees by the United States department of agriculture.
24 (6) "Person" means any individual, association, partnership, firm, joint
25 stock company, joint venture, trust, estate, political subdivision, public or
26 private corporation, or any legal entity, which is recognized by law as the
27 subject of rights and duties.
28 (7) "Sponsor" means those persons listed as sponsors of approved animal
29 drugs by the food and drug administration.
30 (8) "Veterinary biologic" means vaccines, bacterins, antisera, diagnostic
31 kits or other products of biological origin which are used for diagnosis, pre-
32 vention or treatment of animal diseases.
33 25-4002. REGISTRATION -- FEES. (1) No licensee, permittee or sponsor
34 shall sell, offer for sale or deliver to a user, an animal drug or veterinary
35 biologic in package or in bulk or allow such products to be sold or delivered
36 to a user within Idaho unless the licensee, permittee or sponsor is currently
37 registered with the department.
38 (2) Licensees, permittees and sponsors whose only products sold or deliv-
39 ered to users in Idaho are regulated under the federal insecticide, fungicide,
40 and rodenticide act and are registered with the department pursuant to chapter
41 34, title 22, Idaho Code, or whose only products sold or delivered to users in
1 Idaho are registered with the department pursuant to chapter 27, title 25,
2 Idaho Code, are not required to register under this chapter.
3 (3) Except as otherwise provided by law, licensees, permittees and spon-
4 sors of veterinary biologics and animal drugs to be sold or delivered to a
5 user in Idaho, whether in package or in bulk, shall register annually with the
7 (4) The application for registration of licensees, permittees and spon-
8 sors shall be made on forms approved by the department and shall be accompa-
9 nied by an annual registration fee of eight hundred dollars ($800).
10 (5) All licensee, permittee and sponsor registrations shall expire on
11 June 30 of each year.
12 (6) Moneys collected pursuant to this chapter, or rules promulgated under
13 this chapter, shall be deposited in the state treasury and credited to the
14 livestock disease control and T.B. indemnity account.
15 25-4003. EXEMPTIONS FROM REGISTRATION. (1) The following licensees, per-
16 mittees and sponsors are exempt from the provisions of section 25-4002, Idaho
18 (a) The licensee, permittee or sponsor operates in Idaho solely for the
19 purpose of exportation and their products are not sold in Idaho; or
20 (b) The product of the licensee, permittee or sponsor is only shipped
21 through Idaho to destinations outside of Idaho.
22 (2) Federal, state of Idaho, and other governmental agencies are exempt
23 from the provisions of section 25-4002, Idaho Code.
24 25-4004. RULES FOR REGISTRATION OF LICENSEES, PERMITTEES AND SPONSORS.
25 The department is hereby authorized and empowered to make, promulgate and
26 enforce necessary administrative rules in compliance with chapter 52, title
27 67, Idaho Code, for the registration of licensees, permittees and sponsors,
28 and for the enforcement of this chapter.
29 25-4005. CIVIL PENALTIES. (1) Any licensee, permittee or sponsor violat-
30 ing the provisions of this chapter or rules promulgated under this chapter may
31 be assessed a civil penalty by the department or its agent of not more than
32 five thousand dollars ($5,000) for each offense. Licensees, permittees and
33 sponsors against whom civil penalties are assessed are liable for reasonable
34 attorney's fees. Civil penalties may be assessed in conjunction with any other
35 department administrative action. Civil penalties may not be assessed unless
36 the licensee, permittee or sponsor charged has been given notice and an oppor-
37 tunity for a hearing pursuant to the provisions of chapter 52, title 67, Idaho
38 Code. If the department is unable to collect an assessed civil penalty or if
39 any licensee, permittee or sponsor fails to pay all or a set portion of a
40 civil penalty as determined by the department, the department may recover such
41 amount by action in the appropriate district court. Any licensee, permittee or
42 sponsor against whom the department has assessed a civil penalty under this
43 chapter may, within twenty-eight (28) days of the final agency action making
44 the assessment, seek judicial review of the assessment in accordance with the
45 provisions of chapter 52, title 67, Idaho Code. Moneys collected for viola-
46 tions of this chapter, or rules promulgated under this chapter, shall be
47 deposited in the state treasury and credited to the livestock disease control
48 and T.B. indemnity account.
49 (2) Nothing in this section requires the director to report minor viola-
50 tions for prosecution when he believes that the public interest will be best
51 served by suitable warnings or other administrative action.
STATEMENT OF PURPOSE
The purpose of this legislation is to create an $800 per company
fee on the manufacturers of animal drugs and veterinary
biologics. This fee will allow the Idaho State Department of
Agriculture to maintain the level of animal disease surveillance
and control provided to Idaho’s livestock industry and animal
owners by providing a broad-based dedicated funding source to
stabilize the livestock disease control and T.B. indemnity fund.
There will be a positive fiscal impact of approximately $200,000
to the livestock disease control and T.B. indemnity fund.
Name: John Chatburn
Agency: Agriculture, Dept. of
STATEMENT OF PURPOSE/FISCAL NOTE S 1305