TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 3

DAIRIES AND DAIRY PRODUCTS

37-304.  permit issuance and revocation. (1) The director or the director’s authorized agent shall issue a permit authorizing the sale of milk for human consumption to all dairy farms that meet the standards and requirements of this chapter, and rules promulgated pursuant to this chapter.

(2)  The director or his agent may issue a permit to sell milk for human consumption to a new or expanding dairy farm only upon presentation to the director by the new or expanding dairy farm of the following:

(a)  A certified letter, supplied by the board of county commissioners, certifying the new or expanding dairy farm’s compliance with applicable county livestock ordinances; and

(b)  Evidence that a valid water right exists to supply adequate water for the new or expanding dairy farm; or

(c)  A copy of an application for a permit to appropriate water that has been filed with the Idaho department of water resources and which, if approved, will supply adequate water for the dairy farm; or

(d)  A copy of an application to change the point of diversion, place, period and nature of use of an existing water right that has been filed with the Idaho department of water resources and which, if approved, will supply adequate water for the dairy farm.

(3)  As used in this section:

(a)  "Animal units" shall be as defined in rule by the director.

(b)  "Expanding dairy farm" means an existing, legally permitted dairy farm that increases, or applies to increase, its existing animal units beyond the number for which it is permitted under applicable county livestock ordinances or increases, or applies to increase, the waste containment system.

(c)  "New dairy farm" means a dairy farm constructed after the effective date of this act.

(4)  Whenever, under any law of this state or rule, the director of the department of agriculture or his agent is required to inspect dairy farms for compliance with rules prescribed by the department, or determine the sanitary condition of anything referred to in section 37-303, Idaho Code, or the purity of milk, cream, butter or other dairy products intended for human consumption, the director shall make or cause to be made an examination and inspection and shall report his findings and conclusions. When the issuance or the revoking of any license or permit by the department of agriculture is required to be made after an inspection involving milk quality, sanitary conditions and purity for human consumption of any milk, cream, butter or other dairy products, the issuance or revocation of license or permit shall be based upon the report or reports so made by the director.

History:

[37-304, added 2014, ch. 275, sec. 4, p. 687.]