TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 6

DAIRY ENVIRONMENTAL CONTROL ACT

37-607.  Inspections. (1) The director or his designee is authorized to enter and inspect any dairy farm to determine compliance with the dairy farm’s environmental management plan. The director shall have access to or copy any records pertaining to the dairy environmental management system to ensure compliance with the dairy environmental management plan.

(2)  The director shall comply with the biosecurity protocol of the operation so long as the protocol does not inhibit reasonable access to:

(a)  Enter and inspect at reasonable times the premises or land application site or sites of a dairy farm;

(b)  Review, copy, or review and copy at reasonable times any records that must be kept under conditions of this chapter;

(c)  Sample or monitor at reasonable times substances or parameters directly related to compliance with this chapter.

(3)  All inspections and investigations conducted under the authority of this chapter shall be performed in conformity with section 17, article I, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless searches of private property in the absence of either consent from the property owner or other authorized person.

History:

[37-607, added 2014, ch. 284, sec. 1, p. 722; am. 2016, ch. 129, sec. 14, p. 384.]