Idaho Administrative Code — Agriculture, Department of

IDAPA 02 Agriculture, Department of

02.08.01 Sheep and Goat Rules of the Idaho Sheep and Goat Health Board

IDAPA 02.08.01.000 Legal Authority

Sections 25-129(1) and 25-147, Idaho Code.(7-1-25)

IDAPA 02.08.01.001 Scope

These rules govern procedures for the prevention, control and era dication of diseases among sheep and goats, the interstate and intrastate movement of sheep and goats and the assessment of fees on sheep and goats to provide resources to carry out these functions.(7-1-25)

IDAPA 02.08.01.002 (Reserved)

IDAPA 02.08.01.004 Incorporation by Reference

Copies of the following documents may be obtained from the Idaho State Department of Agriculture Division of Animal Industries. IDAPA 02.08.01 incorporates by reference:(3-23-23)

01.Code of Federal Regulations Title 9, Parts 54 January 1, 2024. This document can be viewed online at https://www.govinfo.gov/content/pkg/CFR-2024-title9-vol1/pdf/CFR-2024-title9-vol1-part54.pdf.(7-1-25)

02.Voluntary Scrapie Flock Certification Program Standards, USDA, June 2016. This document can be viewed online at https://www.aphis.usda.gov/sites/default/files/standards_current.pdf.(7-1-25)

03.Code of Federal Regulations, Title 9, Part 79, January 1, 2024. This document can be viewed online at https://www.govinfo.gov/content/pkg/CFR-2024-title9-vol1/pdf/CFR-2024-title9-vol1-part79.pdf. (7-1-25)

04.Code of Federal Regulations, Title 9, Part 161, January 1, 2024. This document can be viewed online at https://www.govinfo.gov/content/pkg/CFR-2024-title9-vol1/pdf/CFR-2024-title9-vol1-part161.pdf.

(7-1-25)

IDAPA 02.08.01.005 (Reserved)

IDAPA 02.08.01.010 Definitions

01.Authorized Federal Inspector.

An employee of USDA authorized by the Board to perform the functions of the Idaho Sheep and Goat Health Board.(3-23-23)

02.Authorized State Inspector. An employee of the state of Idaho authorized by the Board to perform the functions of the Idaho Sheep and Goat Health Board.(3-23-23)

03.Board. The Idaho Sheep and Goat Health Board or its designee.(3-23-23)

04.Breeding Stock. Intact male or female sheep or goats of any age.(3-23-23)

05.Brucellosis. An infectious disease of animals and humans caused by bacteria of the genus Brucella.

06.Brucella Ovis Te s t P o s i t i v e. An animal that tests in the positive range on an approved Brucella Ovis ELISA test.(3-23-23)

07.Brucella Ovis Test Suspect. An animal that tests in the suspect range on an approved Brucella Ovis ELISA test.(3-23-23)

08.Brucella Ovis Test Negative. An animal that tests in the negative range on an approved Brucella Ovis ELISA test.(3-23-23)

09.Commercial Low-Risk Goats. Intact or castrated goats, raised for fiber or meat, that are not registered or exhibited, that are not scrapie positive, suspect, high risk, or exposed animals and that have not been exposed to sheep or are not from a state that has scrapie in goats.(3-23-23)

10.Contemporary Lambing Group. The time from the first birth to sixty (60) days post birthing of the entire group in a given lambing season.(3-23-23)

11.Exposed. Animals that have had direct contact with other animals, herds, or materials that have been determined to be infected with or affected by any infectious, contagious, or communicable disease.(3-23-23)

12.Federal Animal Health Official. An employee of USDA/APHIS/VS who has been authorized to perform animal health activities.(3-23-23)

13.Goats Requiring Premises/Flock Identification Number. Sexually intact goats or goats that have resided on the same premises as sheep or any other goats not defined in Subsection 010.13.(3-23-23)

14.Idaho Premises/Flock Identification Number. A unique identification number or alphanumeric designation approved by APHIS, and assigned by the Board to each premises/flock of breeding sheep or goats, as defined in Subsection 010.21, in the state of Idaho.(3-23-23)

15.Low Risk Commercial Sheep. Commercial whiteface, white-faced cross, or commercial hair sheep from a flock with no known risk factors for scrapie, including any exposure to female black-faced sheep, that are identified with a permanent brand or ear notch pattern registered with an official brand registry and that are not scrapie-positive, suspect, high-risk, or exposed animals and are not animals from an infected, source, or exposed flock.(3-23-23)

16.Negative. Animals are classified as negative when they have been subjected to official tests for a disease, and the tests performed have failed to disclose evidence of the disease.(3-23-23)

17.Official Individual Identification. The unique identification of individual animals with an alpha numeric number applied as a tag, a legible tattoo, electronic device, or any other device approved by APHIS. The Idaho Premises/Flock Identification number can serve as the official individual identification number if it contains a unique individual animal number in addition to the Idaho premises/flock identification number.(3-23-23)

18.Premises. The ground, area, buildings and equipment utilized to raise, propagate or control sheep and goats.(3-23-23)

19.Quarantine. A written order, executed by the Board or the Administrator of Animal Industries, to confine or hold animals on a premises or any other location, where found, and prevent movement of animals from a premises or any other location.(3-23-23)

20.Scrapie. A transmissible spongiform encephalopathy that is a nonfebrile, transmissible, insidious, degenerative disease affecting the central nervous system of sheep and goats.(3-23-23)

21.State Animal Health Official. The Administrator, or his designee, responsible for disease control and eradication programs.(3-23-23)

22.State Scrapie Certification Board. The State Scrapie Certification Board will consist of APHIS- AVIC, the State animal health official, animal producers and accredited veterinarians. Animal producers and accredited veterinarians will be appointed by the AVIC and the State animal health official.(3-23-23)

23.Trace. All actions required to identify the flock of origin or destination of an animal.(3-23-23)

IDAPA 02.08.01.011 Abbreviations

01.APHIS.

Animal Plant Health Inspection Service.(3-23-23)

02.AVIC. Area Veterinarian in Charge.(3-23-23)

03.CFR. Code of Federal Regulations.(3-23-23)

04.PEMMP. Post Exposure Monitoring and Management Plan. (3-23-23)

05.USDA. United States Department of Agriculture.(3-23-23)

06.VS. Veterinary Services.(3-23-23)

IDAPA 02.08.01.012 Applicability

These rules apply to all domestic sheep and goats located in, im ported into, exported from, or transported through the state of Idaho.(3-23-23)

IDAPA 02.08.01.013 Additional Import Requirements

The Board may impose additional or more restrictive import requ irements than the requirements in this chapter by issuing a written order stating the additional requirements and the reasons for the requirements.(3-23-23)

IDAPA 02.08.01.014 (Reserved)

IDAPA 02.08.01.100 Sheep and Goat State Entrance Requirements

01.Entrance Requirements.

All breeding sheep and goat stock entering the state of Idaho except as provided in Sections 103, 105, and 107 of these rules will be accompanied by a permit or approved eCVI issued by the Board together with a certificate of veterinary inspection certifying that such sheep or goats are free from scrapie, scabies, foot rot, brucella or symptoms of any communicable disease and are not known to have been exposed to scrapie for at least seventy-two (72) months prior to the date of inspection, scabies for a period of at least six (6) months immediately prior to date of inspection and are not known to have been exposed to any communicable disease for at least thirty (30) days immediately prior to date of inspection. All breeding sheep and goats with the exception of low-risk commercial goats imported into the state of Idaho must be individually identified with an official premises/ flock identification number, or legible tattoo or other form of individual identification approved by the Board. The premises/flock identification number must be listed on the certificate of veterinary inspection. The original or true copy of the permit and certificate of veterinary inspection required by this rule will be attached to the waybill covering such shipments. No sheep will be shipped, trailed, or in any manner moved into the state of Idaho for any purpose if they originate in a state or area where sheep scabies is known to exist until the Board has been notified by the APHIS that such state or area where sheep scabies is known to exist has been classified by the APHIS as a sheep scabies eradication area.(7-1-25)

02.Brucella Ovis. Intact male sheep six (6) months of age or older must test negative for Brucella Ovis within thirty (30) days prior to entry. Rams entering for exhibition only and returning to the state of origin are exempt from testing. Rams imported from a state certified Brucella Ovis free flock are also exempt.(3-23-23)

IDAPA 02.08.01.101 Permits

01.Request for Permits. Request for permits to import sheep and goats, when applicable, into the state of Idaho shall be directed to the Division of Animal Industries online Import Permit System at https:// www.isda.idaho.gov/AnimalImport/ or by telephone (208) 803-5084.(7-1-25)

02.Certificates of Veterinary Inspection to Be Furnished. Copies of the certificates of veterinary inspection from the point of origin must accompany the shipment and include a copy of the permit or the permit number written on the face of the certificate of veterinary inspection and will be shown to a representative of the Board or any law enforcement officer of the state, county, or municipality of the state of Idaho upon request, and a copy forwarded to the Idaho Department of Agriculture, Division of Animal Industries, c/o Idaho Sheep and Goat Health Board, P.O. Box 7249, Boise, Idaho 83707, immediately after issuance for sheep and goats entering the state of Idaho.(3-23-23)

03.Inspection Fees. An inspection fee of one hundred dollars ($100) per incidence, plus mileage, will be paid on all sheep and goats exported from or imported into Idaho in violation of these rules. Such incidences require an inspection of animals, certificates of veterinary inspection and permit.(3-23-23)

04.Examination and Treatment Fees. The Board may assess a fee on sheep and goat producers who receive services from the Board or its representatives, such as examination and treatment of animals for diseases or parasites. The fees assessed are not to exceed the actual costs for the services rendered.(3-23-23)

IDAPA 02.08.01.102 Scabies

All sheep and goats, including rams and bucks, entering Idaho and which have originated in an area or areas in which scabies is known to exist within the past six (6) months must be treated with a product approved by the APHIS under the supervision of an authorized state or federal inspector or accredited veterinarian. At the time of shipment, such sheep or goats must be accompanied by a permit from the Board and a certificate of veterinary inspection from the state of origin and also a treatment certificate showing that such sheep or goats have been treated at point of origin as herein required. Any and all shipments of sheep and goats entering Idaho, and which have originated in states where scabies is known to exist, are subject to a thirty (30) to sixty (60) day quarantine and inspection at the time of arrival at destination, and a second inspection at the time of quarantine release, or as often as it may be deemed necessary by the Board.(3-23-23)

IDAPA 02.08.01.103 Animals in Transit

Sheep and goats in course of transit through the state of Idaho, in trucks, or other vehicles from a point outside the state of Idaho to another state or country, are not to be unloaded in Idaho except in pens designated by APHIS for purpose of feed, water and rest for a period of time not to exceed ten (10) days, need not comply with Section 100, provided waybills or other documents accompanying the sheep or goats show origin and destination of such sheep and goats. Failure to have such waybills or other documents with the sheep or goats constitutes a violation of these rules. The Board, however, may prohibit the transportation of any sheep or goats through the state it feels represents a threat to the general health and welfare of the Idaho sheep industry.(3-23-23)

IDAPA 02.08.01.104 Dairy Goats

All dairy type goats, including bucks, entering the state of Idaho must be accompanied by a permit issued by the Board, together with a certificate of veterinary inspection issued at point of origin by an authorized veterinarian. All dairy type goats, including bucks, aged six (6) months or older must have been tested negative for Brucella Melitensis within thirty (30) days of the date of entry into the state of Idaho accompanied by the negative test chart signed by the person in charge of the laboratory where the test was made and approved by the state animal health official of the state of origin and attached to the certificate of veterinary inspection. Goats entering Idaho on a short-term temporary basis for show or other temporary purposes may be exempted from having a negative test for Brucella Melitensis completed, with permission from the Board.(3-23-23)

IDAPA 02.08.01.105 Importation of Scrapie Exposed, Suspect and High Risk Animals

Sheep and goats that are scrapie suspect, ex posed, or high risk animals or from scrapie infected, source, or exposed flocks, as defined Title 9, Parts 54.1 and 79.1, Code of Federal Regulations, are not allowed entry into Idaho except as follows:(3-23-23)

01.Valid Permit. Scrapie suspect, exposed or high-risk animals and animals from infected, source or exposed flocks may be imported directly to scrapie research facilities, or to approved slaughter establishments for immediate slaughter, or other destinations approved by the Administrator, if accompanied by a permit issued by the Board or its representative; and(3-23-23)

02.Officially Identified. The animals are individually identified by official identification tattoos, tags, or devices on a VS 1-27 or other approved movement document.(3-23-23)

IDAPA 02.08.01.106 Idaho Origin Sheep Interstate Grazing Permit

Idaho origin, low-risk commercial sheep breeding stock with no history of scrapie exposure returning to Idaho from seas onal grazing in other states may return to Idaho without a certificate of veterinary inspection if they are accompanied by an Idaho Origin Sheep Interstate Grazing Permit and a waybill. The Idaho Origin Sheep Interstate Grazing Permit is to be obtained from the Board.(3-23-23)

IDAPA 02.08.01.107 Interstate Shipments

01.Waybill Requirement.

All sheep and goats leaving the state of Idaho by any common carrier, by private conveyance, or any kind of transportation must be accompanied by a waybill, stating the owner’s name and indicating destination of sheep or goats, or be accompanied by a certificate of veterinary inspection issued by an inspector appointed by the Board or a representative of the APHIS or accredited veterinarian; said certificates of veterinary inspection to be dated not more than thirty (30) days prior to date of movement, and comply with the rules for the state of destination.(3-23-23)

02.Waybill Violation. Failure to have such waybills or other documents accompanying the sheep or goats constitutes a violation of these rules and is punishable as provided in Section 900.(3-23-23)

03.Carriers. No common or contract carrier or owner or caretaker will unload any breeding sheep, breeding goats, or dairy goats within the state of Idaho from other states or country, other than as provided in Sections 103, 105, 106, and 107, of these rules, unless such shipments be accompanied by an Idaho Origin Sheep Interstate Grazing Permit issued by the Board or other permit issued by the Board, and the official certificate as provided herein. The original or true copy of each certificate with permit must be attached to the waybill covering such shipments or be in possession of the owner or caretaker of shipment.(3-23-23)

04.Who May Inspect? Authorized state or federal inspectors and accredited veterinarians may inspect sheep and goats.(3-23-23)

IDAPA 02.08.01.108 (Reserved)

IDAPA 02.08.01.200 Identification of Breeding Sheep and Goats

01.Assignment of APHIS Approved Idaho Pr emises/Flock Identification Numbers. The Board or its designee will assign APHIS-approved Idaho premises/flock identification numbers with unique individual animal identification numbers to Idaho sheep and goat flocks/herds.(3-23-23)

02.Responsibility for Identification. Owners and possessors of breeding sheep and goats bear the cost and responsibility of obtaining the identification devices and placing the device in or on the animal.(3-23-23)

03.Time of Identification. All owners or possessors of breeding sheep and goats in Idaho will identify all breeding stock in the flock of any age with a premises/flock identification number before transfer of ownership or possession, show, sale, or other movement unless the animals are under eighteen (18) months of age and are in slaughter channels.(3-23-23)

04.Importation Identification. Breeding sheep or goats imported into the state must be identified with a premises/flock identification number before entry into the state.(3-23-23)

05.Loss of Identification. Breeding sheep or goats sold within the state retain the original premises/ flock identification number. In the event an animal loses a premises/flock identification device, the owner of the animal will re-identify the animal with his or her flock identification number and maintain records to document the original and new flock identification numbers.(3-23-23)

06.Acceptable Identification. Acceptable devices for application of the premises/flock identification number to breeding sheep and goats include: APHIS-approved ear tags bearing the premises/flock identification number, legible tattoos bearing the premises/flock identification number, approved Scrapie Flock Certification Program identification devices, except electronic identification, and other identification devices approved by APHIS except electronic identification.(3-23-23)

07.Identification Exemption. Animals exempt from the requirement for identification with a premises/flock identification number include:(3-23-23)

a.Neutered animals under eighteen (18) months of age.(3-23-23)

b.Sexually intact market lambs under eighteen (18) months of age shipped directly to an approved slaughter establishment or shipped directly to a feedlot for finish feeding for slaughter only.(3-23-23)

c.Animals which have not been removed from their premises of origin and/or transferred ownership with the exception of white-face low-risk range sheep as defined in the 9 CFR Part 79 which are moved for grazing or other management purposes and do not change ownership.(3-23-23)

d.Castrated or low-risk commercial goats.(3-23-23)

e.Registered sheep and goats accompanied by registration papers or a certificate of veterinary inspection with legible unique registration tattoos.(3-23-23)

f.Goats registered with a National Goat Registry that allows for electronic implant identification, as recorded on a registration certificate, may be identified with an electronic implant.(3-23-23)

IDAPA 02.08.01.201 Quarantine

Infected and source flocks or flocks that ha ve received high-risk animals will be placed and held under quarantine until the infected or high-risk animals have been slaughtered or depopulated, an approved Flock Plan has been completed and the flock is participating in a Post Exposure Monitoring Program. Flocks that do not participate in a Post Exposure Monitoring Program remain under quarantine until the entire flock has been depopulated. Flocks which are removed from the Post Exposure Monitoring Program before the agreed time will be re-quarantined.

IDAPA 02.08.01.202 Restriction of High-Risk Animals

High-risk animals will be placed under a quarantine when the flock or animals are determined to be exposed. An epidemiological investigation will be conducted on the flock or animals to determine the risk of infection with scrapie. The flock or animals will be maintained under quarantine until the flock is in compliance with the Scrapie Uniform Methods and Rules in effect or until the scrapie epidemiologist has determined that the flock or animals do not pose a substantial risk to other flocks.(3-23-23)

IDAPA 02.08.01.203 Movement of Restricted Animals

Animals from infected and source flocks and high-risk anim als may be moved from quarantined premises only under the following conditions:(3-23-23)

01.Individually Identified on Approved Document. The animals are individually identified on a VS 1-27 form or other approved document, by official ear tags, tattoos or devices; or(3-23-23)

02.Indelibly Marked. The animals are indelibly marked with an “S” at least one (1) inch high on the left jaw; and(3-23-23)

03.Consigned Directly to Approved Destination. The animals are consigned directly to an approved slaughter facility for immediate slaughter or to a terminal feedlot for finish feeding for slaughter only; or(3-23-23)

a.The animals are consigned directly to an approved livestock market for sale directly to an approved slaughter facility for immediate slaughter or to a feedlot for finish feeding for slaughter only. The animals must be individually identified on a VS 1-27 form or other approved document for movement from the approved livestock market to final destination; or(3-23-23)

b.The Board or its representative may, by written permission, allow the animals to be moved, under quarantine, to other pre-approved locations. The animals may be moved in sealed vehicles or be accompanied in transit by representatives of the Board in lieu of individual identification. Animals so moved will be retained under quarantine at the new location.(3-23-23)

IDAPA 02.08.01.204 (Reserved)

IDAPA 02.08.01.400 Condemnation and Destruction of Diseased Animals or Flocks

01.Animals or Flocks Infected.

Animals or flocks determined by representatives of the Board or APHIS to be infected with scrapie or other contagious, infectious, or communicable diseases which have been identified by the Board to be diseases of concern to human health or the livestock industry of the state may be condemned by order of the Board.(3-23-23)

02.Animals or Flocks Condemned. Animals or flocks condemned by order of the Board will be destroyed or otherwise disposed of as directed by order of the Board and under the conditions set by the Board.

IDAPA 02.08.01.401 (Reserved)

IDAPA 02.08.01.500 Indemnification

01.Owners, Individuals, Partnerships, Corporations or Other Legal Entities. Owners, individuals, partnerships, corporations or other legal entities whose animals or flocks have been destroyed or otherwise disposed of by order of the Board may be eligible for indemnification in the form of cash payment from the Sheep and Goat Disease Indemnity Fund for all or part of the value of the animals destroyed or otherwise disposed of and for the actual cost for burial or disposal of animal carcasses.(3-23-23)

02.Indemnity Payments Paid. Indemnity payments are paid only to an owner of sheep or goats that were born in the state of Idaho or were imported into the state in compliance with existing Idaho statutes and rules promulgated thereunder.(3-23-23)

03.Amount of Indemnity to Be Paid for Each Animal. The amount of indemnity to be paid for each animal is determined by the Board and does not exceed the difference between the appraised price, less federal indemnity, and the salvage value of the animal. In the event federal indemnity is not available the amount of indemnity will not exceed the difference between the appraised price and salvage value.(3-23-23)

04.Appraisals. Appraisals are to be performed by a team comprised of an Animal Health representative, the owner, and a person with experience in sheep or goat marketing.(3-23-23)

05.Maximum Amount of Indemnity. The maximum amount of indemnity for each animal will not exceed:(3-23-23)

a.Ewes or does one (1) year of age or older - two hundred dollars ($200) per head.(3-23-23)

b.Rams or bucks one (1) year of age or older - four hundred dollars ($400) per head.(3-23-23)

c.Lambs or kids under one (1) year of age - current market price per pound with a maximum of one hundred dollars ($100) per head.(3-23-23)

06.Indemnity Payment upon Approval of Appraisal. Upon approval of the appraisal by the Board, one-half (1/2) of the indemnity payment will be paid at that time. The other one-half (1/2) of the indemnity payment, or the prorated portion thereof, will be paid at the end of the fiscal year. Indemnity payments are paid in their entirety in a single fiscal year and do not exceed the amount in the fund.(3-23-23)

IDAPA 02.08.01.501 (Reserved)

IDAPA 02.08.01.600 Cleaning and Disinfection

Barns, sheds, stockyards, trucks, aircraft, ferryb oats and other vehicles, feed yards, stables, pens, corrals, lanes and premises that have been used in confining, trailing, or transporting any sheep or goats affected or infected with any contagious, infectious or communicable diseases, will be cleaned and disinfected under state or federal supervision as directed by the Board, or an authorized representative of the Board, and the owner of such premises, conveyances, or carrier are responsible for such cleaning and disinfecting.(3-23-23)

IDAPA 02.08.01.601 (Reserved)

IDAPA 02.08.01.700 Sheep Assessments

The following rules apply to all sheep.(3-23-23)

01.Payment of Assessment. The owner of sheep on July 1st of the assessment year is responsible for the payment of the assessment levied by the Boards as provided for in Section 25-130 and 25-131, Idaho Code. The rate of assessment is eight cents ($.08) per pound on all wool, in the grease basis, except tags, crutchings, and dead wool.(3-23-23)

02.Assessment as Resident Sheep. The assessment is levied and assessed to the producer at the time of the first sale of wool and is deducted by the first purchaser from the price paid to the producer at the time of such sale.(3-23-23)

03.Migratory Sheep. In the event that a sheep, which produces wool subject to this assessment, is located outside the state of Idaho during a part of the assessment year, the amount of the assessment is reduced on a prorated basis. A grower will be required to request a prorated adjustment in writing to the Board.(3-23-23)

04.Costs of Collection. All costs of collection of delinquent assessments are borne as an additional charge against the delinquent assessee first purchaser.(3-23-23)

IDAPA 02.08.01.701 Goat Assessments

The following rules apply to all goats.(3-23-23)

01.Payment of Assessment. The owner of goat(s) is responsible for the payment of the assessment levied by the Board as provided for in Sections 25-130 and 25-131, Idaho Code. The rate of assessment is eighty cents ($.80) per head.(3-23-23)

02.Assessment as Resident Goats. The assessment is levied and assessed to the producer at the time of the sale of said goat(s).(3-23-23)

a.Auction Yards: Auction yards will deduct the assessment from the price paid to the producer at the time of sale. All goat assessments will be sent to the Idaho Sheep and Goat Health Board (ISGHB) from the auction yards after each sale, but no later than thirty (30) days after the sale. Assessments will be accompanied by a board approved form that includes a list of the producers (sellers) name, address, and number of head sold.(3-23-23)

b.Private Sales: The producer will handle assessment on private sales. The producer will send at minimum an annual assessment to the ISGHB on all private sales no later than the end of December of the current year.(3-23-23)

03.Costs of Collection. All costs of collection of delinquent assessments are borne as an additional charge against the delinquent assessee.(3-23-23)

IDAPA 02.08.01.702 (Reserved)

02.02.07 Rules Governing Bulk Permits and Retail Sale of Potatoes

IDAPA 02.02.07.000 Legal Authority

Sections 22 -901, 22-911, and 22-2006, Idaho Code.(7-1-26)

IDAPA 02.02.07.001 Scope

These rules govern the application for a permit to ship bulk potatoes, permit fees, and marketing order requirements and specify the general requirements for the inspection, grading, marking and retail sales of potatoes in the state of Idaho.(7-1-26)

IDAPA 02.02.07.002 (Reserved)

IDAPA 02.02.07.004 Incorporation by Reference

The following document is incorporated by reference into this chapter:(3-15-22)

01.Federal Marketing Order Number 945 - U.S.D.A. Handling Regulations September 13, 2021. https://www.ecfr.gov/current/title-7/subtitle-B/chapter-IX/part-945.(7-1-26)

IDAPA 02.02.07.005 (Reserved)

IDAPA 02.02.07.120 Marketing Order

Permits for shipment of processing potatoes require a marketing order certificate of privilege number, issued by the marketing order manager, if leaving the marketing order area. Inspection of bulk shipments for processing is not required. Bulk shipments for repacking or fresh sale must be graded and meet all applicable minimum marketing order requirements. Each shipment requires a federal-state inspection certificate, certifying minimum standards and include the percentage of u.s. no. 1 quality.(7-1-26)

IDAPA 02.02.07.121 Request for Permit Application

Request for permits must be made forty-eight (48) hours prior to shipment, excluding weekends and State Holidays.

Any violation or improper use of permits will invalidate the permit and may be grounds for denial of future permits.

Application for permit is to be on a form furnished by the department. Acknowledgment of receipt of processing potatoes, when leaving the Federal Marketing Order area, shall be accomplished immediately by the processor upon receipt of the shipment and forwarded to the issuing office. A copy of each permit issued is to be forwarded to the Idaho Potato Commission by the issuing officer.(7-1-26)

IDAPA 02.02.07.122 Permit Fees

The first handler or shipper shall apply through the nearest District Inspection Office for a permit to ship bulk pot atoes. The permittee shall pay the potato advertising tax at combined grower-shipper rates for either fresh or processing potatoes, and inspection fees, if required, within thirty (30) days of shipment. Failure to pay either fee within the prescribed time is grounds for denial of future permits, so long as the fees remain outstanding.(3-15-22)

IDAPA 02.02.07.123 (Reserved)

IDAPA 02.02.07.220 Inspections, Restrictions, and Identification Required

All potatoes packed for resale to retail outlets in Idaho shall be inspected as outlined in Subsection 220.02 and meet the requirements of Federal Marketing Order number 945-USDA and the following conditions:(7-1-26)

01.Certification and Markings. Each shipment packed for resale to retail outlets in Idaho is to be accompanied by a valid inspection certificate, numbered note sheet or be marked with a positive lot identification number (PLI).(7-1-26)

02.Inspections. For other than Idaho or Oregon, inspections may be performed by any person or persons authorized as a federal or state inspector to inspect potatoes.(7-1-26)

03.Restrictions. All potatoes are inspected and found free from:(7-1-26)

a.Potato Tuberworm (Phthorimaea operculella (Zeller).(3-15-22)

b.Potato Wart (Synchytrium endobioticum).(3-15-22)

IDAPA 02.02.07.221 Lots Tagged Not for Sale --

REMOVAL THEREOF.

Retail outlets may be periodically checked by th e Idaho State Department of Agriculture. Lots found failing to grade as marked or otherwise found out of compliance with the provisions of this rule will be tagged “Not For Sale” until removed from display and regraded, destroyed or remarked to a lower grade if feasible.(3-15-22)

IDAPA 02.02.07.222 Compliance or Non-Compliance Certificate

Each inspection at the retail outlet will be acknowledged by an inspection report showing compliance or noncompliance.(3 -15-22)

IDAPA 02.02.07.223 Second Notice Action -- Non-Compliance

A second inspection showing evidence of non-compliance in any calendar year will constitute sufficient grounds to proceed with prosecution in accordance with Sections 22-2020 or 22-912, Idaho Code.(7-1-26)

IDAPA 02.02.07.224 Bulk Lots Labeled Not for

SALE -- REMOVAL THEREOF.

Bulk potatoes failing to meet the grade shown or otherwise found out of compliance with the provisions of this rule are labeled “Not For Sale” until removed. They may be regraded, destroyed or re-marked to a lower grade if feasible.

(3-15-22)

IDAPA 02.02.07.225 Responsibility of Permanent and Condition Defects

Retailers are responsible for condition defects. Original packers are responsible for permanent defects.(7-1-26)

IDAPA 02.02.07.226 Restricting Standards to Tablestock Grades

Usable grades or standards are the entire spectrum of U.S. and Idaho Grades excluding processing grades. (3-15-22)

IDAPA 02.02.07.227 (Reserved)

02.02.02 Rules Governing Apple Grading and Storage

IDAPA 02.02.02.000 Legal Authority

Sections 22-702, 22-802, and 22-803 Idaho Code.(4-6-23)

IDAPA 02.02.02.001 Scope

These rules govern the criteria and grades for Idaho Apples and Idaho Summer Apples, including color requirements, defe cts, tolerances, packing, and marking. These rules also govern registration requirements and prescribe the maximum oxygen levels for sealed controlled atmosphere storage of apples.(4-6-23)

IDAPA 02.02.02.002 (Reserved)

IDAPA 02.02.02.009 Incorporation by Reference

1. United States Standards for Apples.

This rule incorporates CFR Title 7 Subtitle B Chapter I Subchapter C Part 51, Subpart B: https://www.ecfr.gov/current/title-7/subtitle-B/chapter-I/subchapter-C/part-51/ subpart-B; published Nov. 19, 2002.(4-6-23)

IDAPA 02.02.02.010 Definitions

The following definitions apply in the interpretation and enforcement of this chapter:(4-6-23) 1.Carefully Hand-Picked. Apples do not show evidence of rough handling or of having been on the ground.(4-6-23)

02.Lot. Any group of containers of apples from one (1) grower or orchard and of one (1) variety and that is set apart or is separate from any other group or groups by some evidence such as a lot number or similar mark of identification.(4-6-23)

03.Packer or Repacker. A person other than an owner or operator of a controlled atmosphere storage plant who removes apples from the containers in which they were treated and places them into other containers or replaces them into the original containers.(4-6-23)

IDAPA 02.02.02.011 (Reserved)

SUBCHAPTER A – APPLE GRADES

IDAPA 02.02.02.120 Grades

01.Idaho Extra Fancy.

“Idaho Extra Fancy” consists of apples of one (1) variety that are mature but not overripe except that Red Delicious and Delicious are not further advanced in maturity than “Firm ripe”. All “Idaho Extra Fancy” apples are to be carefully hand-picked, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, bitter pit, scab, Jonathan spot, freezing injury, visible water core, and broken skins and bruises except those that are slight and incident to proper handling and packing. The apple is also free from injury caused by smooth net-like russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, disease, insects, or other means; and free from damage by smooth solid, slightly rough or rough russeting, or stem or calyx cracks, and free from damage by invisible water core after January 31st of the year following the year of production.

Each apple of this grade has the amount of color specified in US Standards for Grades of Apples.(4-6-23)

02.Idaho Fancy. “Idaho Fancy” consists of apples of one (1) variety that are mature but not overripe except that Red Delicious and Delicious are not further advanced in maturity than “Firm ripe”. All “Idaho Fancy” apples shall be carefully hand-picked, clean, fairly well formed; free from decay, internal browning, internal breakdown, bitter pit, Jonathan spot, scald, freezing injury, visible water core, and broken skins and bruises except those that are incident to proper handling and packing. The apples are also free from damage caused by russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, disease, insects, invisible water core after January 31st of the year following the year of production, or damage by other means. Each apple of this grade has the amount of color specified in US Standards for Grades of Apples.(4-6-23)

03.Idaho No. 1. The requirements of this grade are the same as for “Idaho Fancy” except for color, russeting, and invisible water core. In this grade less color is required for all varieties with the exception of the yellow and green varieties other than Golden Delicious. Apples of this grade are free from excessive damage caused by russeting, which means that apples meet the russeting requirements for “Idaho Fancy” as defined under the definitions of “damage by russeting,” except the aggregate area of an apple that may be covered by smooth net-like russeting does not exceed twenty-five percent (25%); and the aggregate area of an apple that may be covered by smooth solid russeting does not exceed ten percent (10%): Provided, that in the case of the Yellow Newtown or similar varieties the aggregate area of an apple that may be covered with smooth solid russetting. This grade has the amount of color specified in US Standards for Grades of Apples. for the variety. There is no requirement in this grade pertaining to invisible water core.(4-6-23)

a.Idaho No. 1 Hail consists of apples that meet the requirements of Idaho No. 1 grade except that hail marks where the skin has not been broken, and well healed hail marks where the skin has been broken, are permitted, provided the apples are fairly well formed.(4-6-23)

04.Idaho Utility. “Idaho Utility” consists of apples of one (1) variety that are mature but not overripe, carefully hand-picked, not seriously deformed, free from decay, internal browning, internal breakdown, scald, and freezing injury. The apples are also free from serious damage caused by dirt or other foreign matter, broken skins, bruises, russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, visible water core, disease, insects, or other means.(4-6-23)

05.Combination Grades.(4-6-23)

a.Combinations of the above grades may be used as follows:(4-6-23)

i.Combination Idaho Extra Fancy and Idaho Fancy;(4-6-23) iiCombination Idaho Fancy and Idaho No. 1;(4-6-23)

iii.Combination Idaho No. 1 and Idaho Utility;(4-6-23)

b.Combinations other than these are not permitted in connection with the Idaho apple grades. When combination grades are packed, at least fifty percent (50%) of the apples in any lot will meet the requirements of the higher grade in the combination.(4-6-23)

IDAPA 02.02.02.121 Unclassified Designation

“Unclassified” consists of apples that have not been classi fied in conformity with any of the foregoing grades. The term “unclassified” is not a grade within the meaning of these standards, but is provided as a designation to show that no definite grade has been applied to the lot.(4-6-23)

IDAPA 02.02.02.122 Tolerances

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances are provided as specified:(4-6-23)

01.Defects.(4-6-23)

a.Idaho Extra Fancy, Idaho Fancy, Idaho No. 1, Idaho No. 1 Early and Idaho No. 1 Hail grades: Ten percent (10%) of the apples in any lot may fail to meet the requirements of the grade, but not more than one-half (1/2) of this amount, or five percent (5%), is allowed for apples that are seriously damaged, including therein not more than one percent (1%) for apples affected by decay or internal breakdown.(4-6-23)

b.Idaho Utility grade: Ten percent (10%) of the apples in any lot may fail to meet the requirements of the grade, but not more than one-half (1/2) of this amount, or five percent (5%), is allowed for apples that are seriously damaged by insects, and including in the total tolerance not more than one percent (1%) for apples affected by decay or internal breakdown.(4-6-23)

02.Applying Tolerances to Combination Grades. When applying tolerances to combination grades, no part of any tolerance is allowed to reduce, for the lot as a whole, the fifty percent (50%) of apples of the higher grade required in the combination but individual containers will not have less than forty percent (40%) of the higher grade.(4-6-23)

03.Size. When size is designated by the numerical count for a container, not more than five percent (5%) of the apples in the lot may vary more than one fourth (1/4) inch in diameter. When size is designated by minimum or maximum diameter, not more than five percent (5%) of the apples in any lot may be smaller than the designated minimum and not more than ten percent (10%) may be larger than the designated maximum.(4-6-23)

04.Firmness. Not more than five percent (5%) of the apples in any lot of Red Delicious and Delicious varieties can be further advanced in maturity than “Firm ripe” as defined in Subsection 010.05.c. Provided, the Idaho No. 1, Idaho No. 1 Hail, and Idaho Utility grades are exempt from this requirement.(4-6-23)

IDAPA 02.02.02.123 Calculation of Percentages

01.When Numerical Count is Marked On Container. Percentages are calculate d on the basis of count.(4-6-23)

02.When Minimum Diameter or Minimum and Maximum Diameters are Marked on Container.

Percentages are calculated on the basis of weight.(4-6-23)

03.Apples are in Bulk. Percentages are calculated on the basis of weight.(4-6-23)

IDAPA 02.02.02.124 Condition After Storage or Transit

Decay, scald, or any other deterioration that may have developed on apples after the y have been in storage or transit are considered as affecting condition and not the grade.(4-6-23)

IDAPA 02.02.02.125 (Reserved)

IDAPA 02.02.02.130 Scorable Defects

01.Injury.

Any specific defect defined in this subsection or an equally objectionable variation of any one (1) of these defects, any other defect, or any combination of defects, that more than slightly detracts from the appearance or the edible or shipping quality of the apple. The following specific defects are considered as injury:

a.Russeting in the stem cavity or calyx basin that cannot be seen when the apple is placed stem end or calyx end down on a flat surface, is not considered in determining whether or not an apple is injured by russeting.

Smooth net-like russeting outside of the stem cavity or calyx basin is considered as injury when an aggregate area of more than ten percent (10%) of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted.(4-6-23)

b.Sunburn or sprayburn, when the discolored area does not blend into the normal color of the fruit.

c.Dark brown or black limb rubs that affect a total area of more than one-fourth (1/4) inch in diameter, except that light brown limb rubs of a russet character are considered under the definition of injury by russeting. The area refers to that area of a circle of the specified diameter.(4-6-23)

d.Hail marks, drought spots, other similar depressions or scars.(4-6-23)

i.When the skin is broken, whether healed or unhealed;(4-6-23)

ii.When there is appreciable discoloration of the surface;(4-6-23)

iii.When any surface indentation exceeds one-sixteenth (1/16) inch in depth;(4-6-23)

iv.When any surface indentation exceeds one-eighth inch (1/8) in diameter; or(4-6-23)

v.When the aggregate affected area of such spots exceeds one-half (1/2) inch in diameter. The area refers to that of a circle of the specified diameter.(4-6-23)

e.Disease.(4-6-23)

i.Cedar rust infection that affects a total area of more than three-sixteenths (3/16) inch in diameter.

The area refers to that of a circle of the specified diameter.(4-6-23)

ii.Sooty blotch or fly speck that is thinly scattered over more than five percent (5%) of the surface, or dark, heavily concentrated spots that affect an area of more than one-fourth (1/4) inch in diameter. The area refers to

iii.Red skin spots that are thinly scattered over more than one-tenth (1/10) of the surface, or dark, heavily concentrated spots that affect an area of more than one-fourth (1/4) inch in diameter.(4-6-23)

f.Insects.(4-6-23)

i.Any healed sting or healed stings that affect a total area of more than one-eighth (1/8) inch in diameter including any encircling discolored rings. The area refers to that of a circle of the specified diameter.

02.Damage. Any specific defect defined in this subsection or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, that materially detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects are considered damage:(4-6-23)

a.Russeting in the stem cavity or calyx basin that cannot be seen when the apple is placed stem end or calyx end down on a flat surface, is not considered in determining whether or not an apple is damaged by russeting, except that excessively rough or bark-like russeting in the stem cavity or calyx basin shall be considered as damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside of the stem cavity or calyx basin are considered as damage:(4-6-23)

i.Russeting that is excessively rough on Roxbury Russet and other similar varieties.(4-6-23)

ii.Smooth net-like russeting, when an aggregate area of more than fifteen percent (15%) of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted.(4-6-23)

iii.Smooth solid russeting, when an aggregate area of more than five percent (5%) of the surface is covered, and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous solid russeting when the appearances affected to a greater extent than the above amount permitted.(4-6-23)

iv.Slightly rough russeting that covers an aggregate area of more than one-half (1/2) inch in diameter.

v.Rough russeting that covers an aggregate area of more than one-fourth (1/4) inch in diameter.

b.Sunburn or sprayburn that has caused blistering or cracking of the skin, or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting.(4-6-23)

c.Limb rubs that affect a total area of more than one-half (1/2) inch in diameter, except that light brown limb rubs of a russet character are considered under the definition of damage by russeting.(4-6-23)

d.Hail marks, drought spots, other similar depressions or scars.(4-6-23)

i.When any unhealed mark is present;(4-6-23)

ii.When any surface indentation exceeds one-eighth (1/8) inch in depth;(4-6-23)

iii.When the skin has not been broken and the aggregate affected area exceeds one-half (1/2) inch in diameter. The area refers to that of a circle of the specified diameter; or(4-6-23)

iv.When the skin has been broken and well healed, and the aggregate affected area exceeds one-fourth (1/4) inch in diameter.(4-6-23)

e.Stem or calyx cracks that are not well healed, or well healed stem or calyx cracks that exceed an aggregate length of one-fourth (1/4) inch.(4-6-23)

f.Invisible water core existing around the core and extending to water core in the vascular bundles; or surrounding the vascular bundles when the affected area surrounding three (3) or more vascular bundles meet or coalesce; or existing in more than slight degree outside the circular area formed by the vascular bundles.(4-6-23)

g.Disease.(4-6-23)

i.Scab spots that affects a total area of more than one-fourth (1/4) inch in diameter. The area refers to

ii.Cedar rust infection that affects a total area of more than one-fourth (1/4) inch in diameter. The area refers to that of a circle of the specified diameter.(4-6-23)

iii.Sooty blotch or fly speck that is thinly scattered over more than one-tenth (1/10) of the surface, or dark, heavily concentrated spots that affect an area of more than one-half (1/2) inch in diameter. The area refers to

iv.Red skin spots that are thinly scattered over more than one-tenth (1/10) of the surface, or dark, heavily concentrated spots that affect an area of more than one-half (1/2) inch in diameter. The area refers to that of a circle of the specified diameter.(4-6-23)

h.Insects.(4-6-23)

i.Any healed sting or healed stings that affect a total area of more than three-sixteenths (3/16) inch in diameter including any encircling discolored rings. The area refers to that of a circle of the specified diameter.

03.Serious Damage. Any specific defect defined in this subsection or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects that seriously detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects are considered as serious damage:(4-6-23)

a.The following types and amounts of russeting are considered as serious damage: Smooth solid russeting, when more than one-half (1/2) of the surface in the aggregate is covered, including any russeting in the stem cavity or calyx basin, or slightly rough, or excessively rough or bark-like russeting, that detracts from the appearance of the fruit to a greater extent than the amount of smooth solid russeting permitted: Provided, that any amount of russeting is permitted on Roxbury Russet and other similar varieties.(4-6-23)

b.Sunburn or sprayburn that seriously detracts from the appearance of the fruit.(4-6-23)

c.Limb rubs that affect more than one-tenth (1/10) of the surface in the aggregate.(4-6-23)

d.Hail marks, drought spots, or scars, if they materially deform or disfigure the fruit, or if such Section 131. -- 219. (Reserved) Page 8 defects affect more than one-tenth (1/10) of the surface in the aggregate: Provided, that no hail marks that are unhealed are permitted and not more than an aggregate area of one-half (1/2) inch is allowed for well healed hail marks where the skin has been broken. The area refers to that of a circle of the specified diameter.(4-6-23)

e.Stem or calyx cracks that are not well healed, or well healed stem or calyx cracks that exceed an aggregate length of one-half (1/2) inch.(4-6-23)

f.Visible water core that affects an area of more than one-half (1/2) inch in diameter.(4-6-23)

g.Disease.(4-6-23)

i.Scab spots that affect a total area of more than three-fourths (3/4) inch in a circle of the specified diameter.(4-6-23)

ii.Cedar rust infection that affects a total area of more than three-fourths (3/4) inch in diameter. The area refers to that of a circle of the specified diameter.(4-6-23)

iii.Sooty blotch or fly speck that affects more than one-third (1/3) of the surface.(4-6-23)

iv.Red skin spots that affect more than one-third (1/3) of the surface.(4-6-23)

v.Bitter pit or Jonathan spot that is thinly scattered over more than one-tenth (1/10) of the surface and does not materially deform or disfigure the fruit.(4-6-23)

h.Insects.(4-6-23)

i.Healed stings that affect a total area of more than one-fourth (1/4) inch in diameter including any encircling discolored rings. The area refers to that of a circle of the specified diameter.(4-6-23)

IDAPA 02.02.02.131 (Reserved)

SUBCHAPTER B – CONTROLLED ATMOSPHERE STORAGE

IDAPA 02.02.02.220 Apples, Controlled Atmosphere Registration

01.Registration.

Any person who owns or operates a controlled atmosphere room or storage building for apples in Idaho, and any person who engages in this State in the business of packing or repacking apples so treated in this State or any other state and who intends to, or does, represent such apples as having been exposed to “controlled atmosphere” storage, shall register with the Director on a form prescribed by the Director.(4-6-23)

02.Registration Period. The registration period for owners or operators of controlled atmosphere rooms or storage buildings in this State commences on September 1 and end on August 31 of each year, and for packers or repackers of apples that have been held in a controlled atmosphere room or storage building in this State or in any other state, the registration period extends for a period not to exceed one (1) year. Owners or operators of such rooms or storage buildings shall register on or before September 1 of each year.(4-6-23)

03.Interstate Registration. Any person who owns or operates a controlled atmosphere room or storage building located outside of Idaho or who engages at a place outside of this State in the business of packing or repacking apples that have been held in controlled atmosphere storage and who intends to, or does, market in the state of Idaho apples so treated and represented as having been exposed to “controlled atmosphere” storage, shall register with the Director in the same manner as required of any person within the State unless such person has registered with the proper authorities in the state of origin and has been assigned a comparable registration number or CA identification under authority of laws or rules of such state that at least conform to the provisions of these rules.

04.Written Agreement. The Director will assign each approved registrant a registration number preceded by the letters CA. The Director shall require from each applicant for registration, an agreement in writing in the form required by the Director that the apples so treated or packed or repacked by said applicant will be or have been kept in a room or storage building with not more than five percent (5%) oxygen for a minimum of not less than forty-five (45) days for Gala and Jonagold varieties and not less than sixty (60) days for other apples, and that the oxygen level in such room or storage building will be or has been reduced to five percent (5%) within twenty (20) days after the date of sealing of the storage room, and including any other pertinent facts as may be required by the Director to assure that the apples in question have been so treated.(4-6-23)

05.Refusal Upon Violation. The Director may refuse to approve an application for registration and refuse to issue a registration number if the applicant previously has violated any of the provisions of these rules, or has failed or refused to furnish the information or evidence required by these rules.(4-6-23)

06.Required Air Components Determinations. Each owner or operator of a controlled atmosphere room or storage building in this state shall make the required air components determinations as to the percentage of carbon dioxide and oxygen and temperature at least once each day and maintains a record in the form as required by the Director of Agriculture, including the name and address of the owner or operator, room number or numbers, room capacity, lot identification, quantity in each lot, date of sealing, date of opening; a daily record of date and time of test, percentage of carbon dioxide, percentage of oxygen and the temperature.(4-6-23)

07.Written Reports. Each owner or operator of a controlled atmosphere room or storage building in this state will submit to the Idaho Director of Agriculture, within ten (10) days after the date of sealing, a written report pertaining to each room showing the owner's room number, or numbers, date of sealing, and variety and quantity of apples contained therein.(4-6-23)

08.Maintaining Identity. The identity of all apples represented as having been exposed to “controlled atmosphere” storage will be maintained from the original room or storage building where they were treated through the various channels of trade to the retailer.(4-6-23)

09.Investigations. Enforcing officers may investigate and examine records and invoices relating to any transactions in order to determine the identity of apples represented as having been exposed to controlled atmosphere storage and in this connection gives consideration to the presence of CA storage registration numbers on invoices submitted in transactions by the owners or operators and a combination of both the CA storage and packer or repacker's CA registration number on invoices submitted in transactions by said packer or repacker.(4-6-23)

IDAPA 02.02.02.221 Apples Represented as Having Been Exposed to “controlled Atmosphere”

STORAGE.

01.Registration Number -- Owner/Operator. Each container and consumer package of such apples moved into the channels of trade by the owner or operator of a controlled atmosphere room or storage building located in Idaho or by any other person, will be marked with said owner or operator's assigned registration number.

02.Registration Number -- Packer/Repacker. Each container and consumer package of such apples received from an owner or operator of a controlled atmosphere room or storage building located either in Idaho or in another state and that are packed or repacked by another person in this state, will be marked with the said packer or repacker's assigned registration number.(4-6-23)

03.Controlled Atmosphere (CA) Identification. Each container and consumer package of such apples moved into the channels of trade in Idaho by the owner or operator of a controlled atmosphere room or storage building located outside of Idaho or by any other person or by a packer or repacker of such apples engaged in such business outside of Idaho will be marked with the proper registration number or CA identification. Such registration number or CA identification is the registration number assigned by the Director to such owner or operator of a CA plant or to such packer or repacker as the case may be or a comparable registration number of identification assigned under authority of laws or regulations of another state that at least conform to the provisions of Subsection 200.04 above.(4-6-23)

04.Labeling Requirements. The registration number or other identification required to be marked on containers is in letters or figures at least one-half (1/2) inch in height, and all such markings are clear and conspicuous and in a place readily visible to the purchaser, and shall meet the rule requirements of Sections 22-801 and 22-802, Idaho Code.(4-6-23)

05.Inspection and Certification. All apples sold as Controlled Atmosphere apples must be inspected and certified as to grade and condition and be marked with a state lot number in addition to the CA number. (4-6-23)

06.Conditions and Standards. At the time of shipment, all apples shipped and marked with a CA number will meet the U.S. condition and maturity standards for Export.(4-6-23)

07.Failure to Meet Requirements. Failure to meet any one of the requirements noted above will prohibit such apples from being sold as CA storage apples or the containers marked as such.(4-6-23)

IDAPA 02.02.02.222 (Reserved)

02.02.13 Commodity Dealers' Rules

IDAPA 02.02.13.000 Legal Authority

Section 69-524, Idaho Code.( 7-1-24)

IDAPA 02.02.13.001 Scope

These rules clarify the procedure for licensing, collection and remittance of assessments, determining claim value, maintaining electronic records, use of electronic scales and remedies of the Department for non-compliance. (7-1-24)

IDAPA 02.02.13.002 (Reserved)

IDAPA 02.02.13.010 Definitions

In addition to the definitions set forth in Section 69-50 2, Idaho Code, the following definitions apply to the interpretation and enforcement of this chapter.(7-1-24)

01.Cash Sale. Payment to the producer by the warehouse or dealer contemporaneously with the transfer of commodity to the warehouse or dealer.(7-1-24)

02.Commodity Indemnity Fund. Commodity Indemnity Fund is a trust fund.(7-1-24)

03.Seed Crops. Means any seed crop regulated by Title 22, Chapter 4, Idaho Code.(7-1-24)

04.NPE. (No price established contract) A contract containing no readily calculable sale value of the commodity for the producer.(7-1-24)

IDAPA 02.02.13.011 Abbreviations

01.CIF. Com modity Indemnity Fund.(7-1-24)

02.NPE. No price established contract.(7-1-24)

03.SIF. Seed Indemnity Fund.(7-1-24)

IDAPA 02.02.13.012 Licensing

01.Return of Suspended or Terminated License. If a license issued to a commodity dealer has lapsed or is suspended, revoked or cancelled by the Director, the license shall be returned to the Department. At the expiration of any period of suspension, revocation or cancellation the license will be returned to the commodity dealer to whom it was originally issued and be posted as prescribed by these rules.(7-1-24)

02.Loss of License. Upon satisfactory proof of the loss or destruction of a license issued to a commodity dealer, a duplicate may be issued under the same number or a new number at the discretion of the Director.(7-1-24)

IDAPA 02.02.13.013 (Reserved)

IDAPA 02.02.13.100 Office Records

A commodity dealer shall maintain complete and sufficient records to show all purchases and sales, including all contracts relating to these transactions. A warehouse licensed as a commodity dealer under Title 69, Chapter 5, Idaho Code, must maintain complete and sufficient records to show all deposits, purchases, sales contracts, storage obligations and loadouts of the warehouse in this State. Office records as set forth in Title 69, Chapter 5, Idaho Code, include, but not be limited to, the following:(7-1-24)

01.Daily Position Record. Record which shows the total quantity of each kind and class of agricultural commodity received and loaded out, the amount remaining in storage at the close of each business day and the warehouseman’s total storage obligation for each kind and class of agricultural commodity at the close of each business day.(7-1-24)

02.Settlement Sheets/Storage Ledgers. Every commodity dealer shall use settlement sheets showing the dealer’s name and location in making settlement with the seller, unless otherwise approved by the Director. All settlement sheets/storage ledgers include, but are not limited to, the following information:(7-1-24)

a.The seller’s name and address.(7-1-24)

b.The date of deliveries.(7-1-24)

c.The scale ticket numbers.(7-1-24)

d.The amount, kind and grade of commodity delivered.(7-1-24)

e.The price per bushel or unit.(7-1-24)

f.The date and amount of payment.(7-1-24)

g.The contract number if a deferred payment, deferred pricing or other sale contract is used. A copy of each settlement sheet shall be maintained in alphabetical order by the commodity dealer as part of the pay records.

h.Electronic Records. If any electronic records are maintained outside of the state of Idaho, the Department must be allowed to examine them at any reasonable time and place as determined by the Department.

03.Scale Weight Tickets. Scale weight tickets, except tickets for electronic scales that are recorded and maintained electronically, shall be pre-numbered with one (1) copy of each ticket maintained in numerical order.

All scale weight tickets shall show the time when the commodities were delivered, the quantities delivered, who delivered the commodities, the ownership of the commodities and the condition of the commodities upon delivery.

a.Tickets in the commodity dealer’s possession that have not been issued.(7-1-24)

b.Tickets issued by the commodity dealer.(7-1-24)

c.Tickets returned to and canceled by the commodity dealer.(7-1-24)

04.Separate Records. All records and accounts required under Title 69, Chapter 5, Idaho Code, shall be kept separate and distinct from all records and accounts of any other business and are subject to inspection by the Director at any time.(7-1-24)

IDAPA 02.02.13.101 (Reserved)

IDAPA 02.02.13.150 Inspection

For the purpose of inspection the hours of 8 a.m. to 5 p .m., Monday through Friday, except holidays, are considered as ordinary business hours. All financial records, commodity records and payment records shall be available for inspection by the Department during ordinary business hours and any other reasonable time specified by the Department in writing. All records shall be made available within the state of Idaho upon request.(7-1-24)

IDAPA 02.02.13.151 (Reserved)

IDAPA 02.02.13.200 Licensing Modification

At the request of the license holder a license may be modified to change existing license classificatio n, providing all requirements of Section 69-508, Idaho Code, are met.(7-1-24)

IDAPA 02.02.13.201 (Reserved)

IDAPA 02.02.13.300 Financial Statement Extension

01.Extension Request.

The Department may grant an extension of no more than sixty (60) days, provided cause of an exceptional nature is provided, in writing, to the Department.(7-1-24)

a.The request must be made by a certified public accountant or a licensed public accountant.(7-1-24)

b.The request is made prior to the date the financial statement is due. If the request is not received before the financial statement due date, suspension or revocation of license may occur.(7-1-24)

c.The director may make exceptions to the financial statement requirements provided sufficient cause is provided and to do so would be in the best interest of the state.(7-1-24)

02.Statement Content. The statement shall include:(7-1-24)

a.A balance sheet.(7-1-24)

b.An income statement that includes annual gross sales of commodities purchased from producers covered under the act.(7-1-24)

c.A statement of cash flows.(7-1-24)

d.All accompanying notes to the financial statement.(7-1-24)

IDAPA 02.02.13.301 (Reserved)

IDAPA 02.02.13.350 Shipping Records

Every dealer who ships by truck shall maintain a truck shipping record and every dealer who ships by rail must maintain a rail or car shipping record. Each shipping record includes, but is not limited to, the following:(7-1-24)

01.Name and Address. The name and address of the seller or shipper.(7-1-24)

02.Buyer and Destination. The buyer and destination of the commodity shipped.(7-1-24)

03.Date. The date the agricultural commodities were shipped.(7-1-24)

04.Amount and Type. The amount and type of agricultural commodities shipped.(7-1-24)

05.Identification Number. The truck identification or car number.(7-1-24)

IDAPA 02.02.13.351 (Reserved)

IDAPA 02.02.13.400 Scale Tickets

If a dealer has access to a scale that can be used for weighing commodity , that dealer shall use pre-numbered scale tickets showing the dealer’s name and location. A copy of each ticket shall be maintained in numerical order as part of the commodity records. If a dealer does not have access to a scale and purchases commodity by having it custom weighed at various locations or at destination, the dealer shall maintain a copy of the scale ticket in chronological order as part of the commodity records. If agricultural commodities are settled on destination weights, copies of the destination weights are to be kept as part of the records.(7-1-24)

IDAPA 02.02.13.401 (Reserved)

IDAPA 02.02.13.451 Additional Bonding Requirements

In addition to Section 69-506, Idaho Code, if it appears the licensee does not have the ability to pay producers for commodities purchased, or when it appears the licensee does not have a sufficient net worth to outstanding financial obligations ratio, the licensee may be required to post a bond or other additional acceptable security in the amount of two thousand dollars ($2,000) for each one thousand dollars ($1,000) or fraction thereof of deficiency.(7-1-24)

IDAPA 02.02.13.452 (Reserved)

IDAPA 02.02.13.500 Commodity Indemnity Fund Assessments

01.Rate of Assessment.

The rate of assessment is two-tenths of one percent (.2%) gross dollar amount, without deductions, due the producer pursuant to Section 69-257(2), Idaho Code. The Director may establish a lower rate of assessment whenever he deems it advisable or as recommended by the advisory committee established by Section 69-261, Idaho Code.(7-1-24)

02.Exemptions to Assessment. Producers are not eligible to participate in CIF and no assessments will be collected according to Idaho Code and in the following cases.(7-1-24)

a.Non-producers or producers delivering commodity that was grown on land not situated within the borders of the state of Idaho are exempt from paying assessments.(7-1-24)

IDAPA 02.02.13.501 Npe Contract Claims on the Fund

NPE contracts shall be executed in writing, dated, and signed by all parties to the contract.(7-1-24)

01.NPE Clause. An NPE contract shall have the following statement: “No claim shall be paid from the CIF pursuant to Section 69-263, Idaho Code, if a producer files his claim more than one hundred eighty (180) days from the date the contract is executed.”(7-1-24)

02.NPE Contract List. A commodity dealer shall maintain a list of all NPE contracts written in a calendar year that reflects the producers name, contract number, agricultural commodity and date of the contract.

03.NPE Contract Renewal Period. A producer may renew an NPE contract; but no claim shall be paid from the CIF if a producer files his claim more than three hundred sixty-five (365) days from the date the original NPE contract was executed.(7-1-24)

IDAPA 02.02.13.502 How Assessments Are to Be Calculated

Assessments shall be collected by all warehouses licensed as commodity dealers from all producers who deposit commodities for storage or sale. Assessments are calculated as follows:(7-1-24)

01.Cash Sale or Credit Sale Contract. Contract on the contract price of the commodity at the time of sale.(7-1-24)

02.Unpaid Assessments. If any assessment is unpaid and a failure occurs, the amount of the unpaid assessment will be deducted from any CIF recovery paid to the producer.(7-1-24)

03.Incidental Costs and Expenses. All incidental costs and expenses including, but not limited to, transportation, cleaning, in and out charges, insurance, taxes or additional services or charges are not included in the calculation to determine the assessment.(7-1-24)

IDAPA 02.02.13.503 Recordkeeping and Payment Schedule

01.Permanent Record.

Each warehouse and dealer shall maintain a permanent record showing producer's name and address, lot or identification number, date assessment collected, amount of assessment, commodity assessed, quantity of commodity, gross dollars of settlement and check number issued to producer.

02.Payment Due Dates. On or before the twentieth day of the month following the close of the quarter, on a form prescribed by the Department, the assessments imposed by Title 69, Chapters 2 and 5, Idaho Code, collected by warehouses and dealers, are due and payable to the Department. A quarter will consist of three (3) months beginning on the first day of January, April, July, and October. If assessment is paid by mail the payment must be postmarked not later than the twentieth day of the month following the close of the quarter to avoid interest and penalty charges.(7-1-24)

03.Notice. The notice and rate of assessment or a copy of the official notice of suspension of assessment shall be posted in a conspicuous place in the warehouse or dealer facility.(7-1-24)

IDAPA 02.02.13.504 Trust Funds

Money shall not, for any purpose, be considered to be a part of the proceeds of any transaction between a depositor and warehouse or dealer for which the collection and payment of the assessment was related and shall not be subject to an encumbrance, security interest, execution or seizure on account of any debt owed by the warehouse or dealer to any of their creditors.(7-1-24)

IDAPA 02.02.13.505 Penalties for Failure to Collect, Account For, or Remit Assessments --

OTHER VIOLATIONS.

Failure to collect, account for, or remit assessments, or violations of the statutory requirements of Title 69, Chapters 2 and 5, Idaho Code, as it relates to the CIF are grounds for the immediate demand on the warehouse, dealer bond, or certificate of deposit, and the undertaking by the Director of any other remedy provided by law.(7-1-24)

IDAPA 02.02.13.506 Return of Commodity Due to Failure

In the event of failure the Departm ent may:(7-1-24)

01.Identifiable Commodity. Return specifically identifiable commodity or as much as is available to its producer in full or partial satisfaction of indebtedness; or(7-1-24)

02.Fungible Commodity. If the commodity is fungible, an amount equal to the producer’s original deposit or if insufficient fungible commodity is available, a pro-rata share to all producers of the commodity; and

03.Shortfall in Commodity Distribution. Any shortfall in commodity distribution may be submitted as a claim against the CIF.(7-1-24)

IDAPA 02.02.13.507 (Reserved)

02.03.01 Rules Governing Pesticide Management Plans for Ground Water Protection

IDAPA 02.03.01.000 Legal Authority

Sections 22-3418, 22-3419, and 22-3421, Idaho Code.(7-1-25)

IDAPA 02.03.01.001 Scope

This chapter establishes a process for responding to pesti cide detections in ground water.(7-1-25)

IDAPA 02.03.01.002 (Reserved)

IDAPA 02.03.01.004 Incorporation by Reference

The following documents are incorporated by reference into this chapter:(3-31-22)

01.Dimethyl Tetrachloroterephthalate (DCPA) Pesticide Management Plan. The June 2007 edition published by the Idaho State Department of Agriculture. Copies of this document may be obtained from the Idaho State Department of Agriculture.(3-31-22)

IDAPA 02.03.01.005 (Reserved)

IDAPA 02.03.01.010 Definitions

The Idaho Department of Agriculture adopts the definitions set forth in Section 22-3401, Idaho Code, and the fo llowing definitions:(3-31-22)

01.Aquifer. A geological unit of permeable saturated material capable of yielding economically significant quantities of water to wells and springs.(3-31-22)

02.Beneficial Uses. Current or future uses of ground water supplies including, but not limited to domestic, industrial, agricultural, aquacultural, and mining.(3-31-22)

03.Best Management Practice. A practice or combination of practices determined to be the most effective and practical means of preventing or reducing pesticide contamination to ground water and interconnected surface water from nonpoint and point sources to achieve water quality goals and protect the beneficial uses of the water.(3-31-22)

04.Constituent. Any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste or other substance occurring in ground water.(3-31-22)

05.Contaminant. Any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste or other substance which does not occur naturally in ground water or which naturally occurs at a lower concentration.(3-31-22)

06.Contamination. The direct or indirect introduction into ground water of any contaminant caused in whole or in part by human activities.(3-31-22)

07.Ground Water. Any water of the state which occurs beneath the surface of the earth in a saturated geological formation of rock or soil.(3-31-22)

08.Health Advisory Level. Guidance for the maximum allowable or acceptable daily concentration of a pesticide in drinking water in the absence of or prior to a MCL being set.(3-31-22)

09.Maximum Contaminant Level. Maximum allowable or acceptable daily concentration of a pesticide in drinking water that may be consumed over a lifetime.(3-31-22)

10.Pesticide Management Standard. The United States Department of Agriculture Natural Resource Conservation Service Conservation Practice Standard, Idaho Pesticide Management Code 595, or the Idaho Agricultural Pollution Abatement Plan -- Pesticide Management Standard Component Practice.(3-31-22)

11.Pesticide Use. The mixing, application, handling, transport, storage, display, distribution, and disposal of pesticides and their containers.(3-31-22)

12.Projected Future Beneficial Uses. Various uses of ground water, such as drinking water, aquaculture, industrial, mining or agriculture, that are practical and achievable in the future based on hydrogeologic conditions, water quality, future land use activities and social/economic considerations.(3-31-22)

13.Reference Dose. Allowable or acceptable dose of a pesticide in terms of mg pesticide/kg body weight that can be ingested in one day (acute reference dose) or on a daily basis over a lifetime (chronic reference dose).(3-31-22)

14.Reference Point. Numerical indicators of the toxicity of a substance based on test data and other reliable health effects information.(3-31-22)

15.Susceptibility. A method of describing the flow of water to, and through, the ground water resource based on physical factors such as hydraulic conductivity, porosity, hydraulic gradients, recharge, interactions with surface water, and transport through the unsaturated zone without considering specific natural or anthropogenic sources of contamination.(3-31-22)

16.Vulnerability. Ground water characterized by a potential for contaminants to enter and be transported within the flow system. Determinations of ground water vulnerability will include consideration of land use practices and aquifer characteristics.(3-31-22)

IDAPA 02.03.01.011 (Reserved)

IDAPA 02.03.01.050 Chemical Specific Pesticide Management Plans (pmps)

01.Creating PMPs.

The Director shall develop and implement chemical specific PMPs (Section 200) for certain pesticides in geographical areas when:(7-1-25)

a.The level of a pesticide found in ground water is equal to or greater than fifty percent (50%) of the reference point and is scientifically validated;(3-31-22)

b.EPA restricts the sale or use of a pesticide in the state, or otherwise initiates action against a pesticide because of ground water concerns for a pesticide, unless such PMP is not deemed necessary by the Director;

c.EPA's action, restriction, or prohibition will be implemented unless the state develops an adequate PMP; or(3-31-22)

d.A pesticide is conditionally registered by EPA because of ground water concerns.(3-31-22)

IDAPA 02.03.01.051 (Reserved)

IDAPA 02.03.01.101 Management Plans Adopted by Rulemaking and Review

01.PMP Review.

The Director shall review chemical specific PMPs every two (2) years to determine if the requirements contained in the plans need to be modified based on new scientific data and information.

IDAPA 02.03.01.102 (Reserved)

IDAPA 02.03.01.150 Ground Water Quality Reference Points

01.Reference Points.

The Director will use reference points for pesticides in ground water, based on the following order of availability:(3-31-22)

a.Idaho rules of DEQ, IDAPA 58.01.11, Subsection 200.01.a. specific to pesticide primary constituent standards which were adopted from EPA MCLs; or(3-31-22)

b.EPA Health Advisory Levels (HALs) identified in the 2006 Edition of the EPA Drinking Water Standards and Health Advisories, EPA 822-R-06-013; or(3-31-22)

c.EPA Reference Dose (RfD) identified in the 2006 Edition of the EPA Drinking Water Standards and Health Advisories, EPA 822-R-06-013; or(3-31-22)

d.A reference point based on:(3-31-22)

i.Best scientific information currently available on adverse effects of the contaminant(s); and

ii.Protection of a beneficial use(s); and(3-31-22)

iii.Practical quantitation levels for the pesticides, if they exceed the levels identified in IDAPA 58.01.11, Subsection 200.01.a.(3-31-22)

02.HAL and RfD Guide. The Director shall use the EPA’s HAL and RfD number associated with the effects on a person weighing seventy (70) kilograms and drinking two (2) liters of water per day over a lifetime.

IDAPA 02.03.01.151 (Reserved)

IDAPA 02.03.01.200 Response to a Pesticide Detection

01.Level One Response.

When a pesticide or its metabolite(s) is detected at or above the detection limit yet below twenty percent (20%) of the reference point, the Director shall notify well users or well owners of pesticide(s) detection and continue ground water monitoring.(7-1-25)

a.The Director may:(3-31-22)

i.Provide additional information to pesticide applicators within vulnerable areas;(3-31-22)

ii.Review use practices, soils, hydrogeology, and vulnerability within the area of pesticide detection(s);(3-31-22)

iii.Review state records for previous point source or potential violations in accordance with the Idaho Pesticide and Chemigation Law (Title 22, Chapter 34, Idaho Code);(3-31-22)

iv.Review existing monitoring data within area to check for previous detections;(3-31-22)

v.Conduct outreach in local area applicable to relevant data and information; and(3-31-22)

vi.Encourage voluntary BMPs consistent with the APAP.(3-31-22)

02.Level Two Response. When a pesticide or its metabolite(s) is detected at twenty percent (20%) to less than fifty percent (50%) of the reference point;(3-31-22)

a.Implement actions in Subsection 200.01 in the area of pesticide detection;(3-31-22)

b.Establish area of pesticide concern, in accordance with Section 400, within area of pesticide detection;(3-31-22)

c.Develop a monitoring plan and monitor to determine trends and fluctuations in pesticide concentrations;(3-31-22)

d.Determine likely source(s) while notifying and working with the appropriate parties including but not limited to: pesticide registrant(s), dealer(s), applicator(s) and producer(s) to determine likely source(s); (3-31-22)

e.Determine if pesticide detection(s) is from point or nonpoint source;(3-31-22)

f.Promote voluntary BMPs or other measures; evaluate BMP effectiveness, and change BMPs if needed;(3-31-22)

g.Require the utilization of the Idaho NRCS Conservation Practice Standard, Pesticide Management Code 595.(3-31-22)

h.The Director may:(3-31-22)

i.Develop a chemical specific PMP per pesticide, unless already mandated through EPA Rule to do so;(3-31-22)

ii.Monitor additional domestic wells in the hydrogeological up gradient and down gradient area; and

iii.Conduct site specific pesticide use inspections within the area of detection(s).(3-31-22)

03.Level Three Response. When a pesticide or its metabolite(s) is detected at fifty percent (50%) to less than one hundred percent (100%) of the reference point, the Director shall:(3-31-22)

a.Implement actions in Subsections 200.02.a. through 200.02.g. in the area of pesticide detection;

b.Establish an area of pesticide restriction when the Director determines ground water contamination resulted from the application of a pesticide in accordance with the label;(7-1-25)

c.Install monitoring wells as soon as possible, if the Director determines installation to be necessary based on severity of risk, to evaluate ground water quality, flow direction, and the effectiveness of preventative measures;(3-31-22)

d.Assist well users or well owners within the area of pesticide restriction with health information and alternative water source information; and(3-31-22)

e.Inspect the pesticide applicator records within the restricted area.(3-31-22)

04.Level Four Response. When a pesticide or its metabolite(s) is detected at or above one hundred percent (100%) of the reference point, the Director shall:(3-31-22)

a.Implement actions in Subsection 200.03 in the area of pesticide detection;(3-31-22)

b.Establish an area of pesticide prohibition when the Director has determined ground water contamination resulted from the application of a pesticide in accordance with the label;(7-1-25)

c.Implement use prohibition area(s);(3-31-22)

d.Assist persons within the use prohibition area with health and alternative water source information;

e.Determine effectiveness of regulatory actions.(3-31-22)

05.Mixing and Loading Prohibited. No person shall mix or load the prohibited pesticide product in an identified pesticide prohibition area unless the mixing and loading is conducted over a spill containment surface which complies with the Idaho NRCS Conservation Practice Standard, Agrichemical Mixing Facility Code 702.

IDAPA 02.03.01.201 (Reserved)

IDAPA 02.03.01.400 Determining Pesticide Area Boundaries

01.Pesticide Area Boundary Factors.

In determining the area of pesticide concern, restricted area, or prohibition area the Director may consider the following factors:(7-1-25)

a.Pesticide detections from reliable ground water test samples;(3-31-22)

b.Number and frequency of detections;(3-31-22)

c.Statistical trends of detections;(3-31-22)

d.Location of detections;(3-31-22)

e.Hydrogeology of the aquifer;(3-31-22)

f.Well depth and construction;(3-31-22)

g.Aquifer vulnerability and susceptibility;(3-31-22)

h.Pesticide physical and chemical characteristics;(3-31-22)

i.Pesticide use; or(3-31-22)

j.Other scientifically defensible information.(3-31-22)

IDAPA 02.03.01.401 (Reserved)

IDAPA 02.03.01.410 Repealing Specific Pesticide Areas

01.Repealing an Area of Pesticide Concern.

The Director may repeal or reduce the size of an area of pesticide concern in response to pesticide contamination in ground water if all the following conditions are met:

a.Tests on at least three (3) consecutive ground water samples, drawn from each well site in the area of pesticide concern at which the concentration of a pesticide and its metabolites previously were found at twenty percent (20%) to fifty percent (50%) of the reference point, show that the concentration at the well sites has fallen to and remains less than twenty percent (20%) of the reference point. The three (3) consecutive samples shall be collected at each well site at intervals of at least six (6) months, with the first sample being collected at least six (6) months after the effective date of the area of pesticide concern designation. A monitoring well approved by the Director may be substituted for any well site which is no longer available for testing.(3-31-22)

b.Tests conducted at other well sites in the area of pesticide concern during the same retesting period, if any, reveal no other concentrations of the pesticide or its metabolites that exceed twenty percent (20%) of the

c.The Director determines, based on credible scientific evidence, that use of a pesticide product in the area of pesticide concern is not likely to cause a renewed detection between twenty percent (20%) to fifty percent (50%) of the reference point.(3-31-22)

02.Repealing an Area of Pesticide Restriction. The Director may repeal or reduce the size of an area of pesticide restriction in response to ground water pesticide contamination if all the following conditions are met:

a.Tests on at least three (3) consecutive ground water samples, drawn from each well site in the area of pesticide restriction at which the concentration of a pesticide and its metabolites previously were found at fifty percent (50%) to less than one hundred percent (100%) of the reference point, show that the concentration at the well sites has fallen to and remains less than fifty percent (50%) of the reference point. The three (3) consecutive samples shall be collected at each well site at intervals of at least six (6) months, with the first sample being collected at least six (6) months after the effective date of the area of the pesticide restriction designation. A monitoring well approved by the Director may be substituted for any well site which is no longer available for testing. As areas of pesticide restriction are repealed, the area automatically becomes an area of pesticide concern;(3-31-22)

b.Tests conducted at other well sites in the area of pesticide restriction during the same retesting period, if any, reveal no other concentrations of the pesticide or its metabolites that exceed fifty percent (50%) of the

c.The Director determines, based on credible scientific evidence, that use of a pesticide product in the area of pesticide restriction is not likely to cause a renewed exceedance of fifty percent (50%) of the reference point.

03.Repealing an Area of Pesticide Use Prohibition. The Director may repeal or reduce the size of an area of pesticide use prohibition in response to ground water pesticide contamination if all the following conditions are met:(7-1-25)

a.Tests on at least three (3) consecutive ground water samples, drawn from each well site in the prohibition area at which the concentration of a pesticide and its metabolites previously attained or exceeded the reference point, show that the concentration at that well site has fallen to and remains less than fifty percent (50%) of the reference point. The three (3) consecutive samples shall be collected at each well site at intervals of at least six (6) months, with the first sample being collected at least six (6) months after the effective date of the pesticide use prohibition designation. A monitoring well approved by the Director may be substituted for any well site which is no longer available for testing. As areas of pesticide prohibition are repealed, the area automatically becomes an area of pesticide concern;(3-31-22)

b.Tests conducted at other well sites in the area of pesticide prohibition during the same retesting period, if any, reveal no other concentrations of the pesticide and its metabolites that exceed fifty percent (50%) of the

c.The Director determines, based on credible scientific evidence, that renewed use of a pesticide product in the area of pesticide prohibition is not likely to cause a renewed violation of the reference point. (3-31-22)

IDAPA 02.03.01.411 (Reserved)

02.06.04 Rules Governing Plant Exports

IDAPA 02.06.04.000 Legal Authority

This chapter is adopted under the legal authority of Secti ons 22-107, 22-112, and 22-2303(5), Idaho Code. (7-1-24)

IDAPA 02.06.04.001 Scope

These rules govern the production of pest-free plants, plant pro ducts, and like inspections. To provide procedures for compliance with phytosanitary regulations of other states and foreign countries, in order to protect Idaho agriculture from the introduction of foreign pests on imported plants and materials. These rules also govern procedures for voluntary certification of virus-free nursery stock for export.

These rules also establish a ginseng registration and export program to protect American ginseng as an endangered species.(7-1-24)

IDAPA 02.06.04.002 (Reserved)

SUBCHAPTER A – PHYTOSANITARY AND POST-ENTRY CERTIFICATION

IDAPA 02.06.04.110 Incorporation by Reference

The following documents are incorporated by reference into subchapter A:(7-1-24)

01.United States Department of Agriculture, Plant Protection and Quarantine Export Program Manual (XPM). The Officially adopted Documents, Official Terms, and Policies, as published in the XPM of USDA/APHIS/PPQ. A copy may be obtained online from the USDA website at: http://www.aphis.usda.gov/ import_export/plants/manuals/domestic/downloads/xpm.pdf.(7-1-24)

02.United States Department of Agriculture, Plant Protection and Quarantine Post-Entry Quarantine (PEQ) Manual. The Officially adopted Documents, Official Terms, and Policies, as published in the PEQ manual of USDA/APHIS/PPQ. A copy may be obtained online from the USDA website at: https:// www.aphis.usda.gov/import_export/plants/manuals/domestic/downloads/postentry.pdf.(7-1-24)

IDAPA 02.06.04.111 (Reserved)

IDAPA 02.06.04.130 Crop/Commodity, Disease and Pest(s) Inspections

01.Minimum Field Inspection(s).

Minimum field inspections for diseases will be published annually by the Department.(7-1-24)

02.Special Inspection Requests. Requests for inspection of plants and plant products for plant diseases or pests not specifically listed in the annual publication will be performed subject to the availability of Department inspectors and the biology of the pest and plant or plant products for which the request is being made.

Procedures for conducting the special field or commodity inspections, the time the inspection is to be made, and any charges or fees will be made at the discretion of the Department and may be in addition to those listed in Section 195.

(7-1-24)

IDAPA 02.06.04.131 (Reserved)

IDAPA 02.06.04.170 Applications for Field Inspection and Phytosanitary Certificates

01.Application for Field Inspection.

Application(s) must be filed with the Department’s online submission form. Applications submitted after published deadlines will be performed only at the discretion of the Department.(7-1-24)

02.Requests for Phytosanitary Certificates. Application shall be made in writing to the Department on the appropriate application form(s) provided by the Department for the certificate(s) being requested and submitted by the application to the USDA Phytosanitary Certificate Issuance and Tracking (PCIT) System at https:// pcit.aphis.usda.gov/pcit/. Only fully completed applications will be accepted. Notification of pending applications shall be submitted to the area phone message line.(7-1-24) 03.“Rush” Service.This service is to accommodate requests for phytosanitary certification applications, official sampling, field inspection, or other services that must be completed with a one (1) business day turn-around or within a specific timeframe on a certain day without a two (2) business day prenotification. Request for phytosanitary or treatment observation services after normal working hours, on weekends, or holidays are subject to overtime and state per diem charges in addition to the normal charges. This service will be carried out only after a mutual agreement between the applicant and the Department. The request must be made by telephone. “Rush” service will be subject to the fees as outlined in Subsections 195.01 and 195.02.(7-1-24)

IDAPA 02.06.04.171 (Reserved)

IDAPA 02.06.04.195 Fees and Charges

01.Phytosanitary Certificates, Like Inspection s, and Official Treatment Observations. Fees for these voluntary services will be published annually on the Department website at www.agri.idaho.gov. Fees will be updated every three (3) years. Proposed fees will be posted for comment no later than September 1, final fees will be posted no later than November 1 to be in effect the following January 1.(7-1-24)

02.Field or Lot Inspections. Fees published annually by the Department. Fees for these voluntary services will be published annually on the Department website at www.agri.idaho.gov. Fees will be updated every three (3) years. Proposed fees will be posted for comment no later than September 1, final fees will be posted no later than November 1 to be in effect the following January 1.(7-1-24)

03.Plant Pathological Laboratory Services. Fees available upon request through the Bureau of Agriculture Laboratories.(7-1-24)

IDAPA 02.06.04.196 (Reserved)

SUBCHAPTER B – VIRUS-FREE NURSERY STOCK CERTIFICATION

IDAPA 02.06.04.210 Certification Procedures

A virus certification program exists to produce fruit and ornamental nursery stock material discernibly free of economically harmful plant viruses and virus-like agents that meet domestic and international standards required for export. Eligible nurseries participate in the program on a voluntary basis and plant material must meet certification program requirements as provided by the Department.(7-1-24)

IDAPA 02.06.04.211 (Reserved)

SUBCHAPTER C – GINSENG REGISTRATION AND EXPORT

IDAPA 02.06.04.310 Registration

A ginseng registration and export program exi sts to protect American ginseng (Panax quinquefolius) as an endangered species, prevent illegal trade of wild ginseng, and ensure cultivated ginseng meets domestic and international standards required for export. Anyone who buys ginseng for resale or grows and sells it for export shall register with the Department and plant material must meet program requirements as provided by federal and state standards.(7-1-24)

IDAPA 02.06.04.311 (Reserved)

IDAPA 02.06.04.320 Regulated Products

American ginseng (Pa nax quinquefolius).(7-1-24)

IDAPA 02.06.04.321 (Reserved)

IDAPA 02.06.04.330 Collection of Wild Ginseng

To prevent illegal trade, no grower’s or dealer’s registration will be issued for the collection, sale or distribution of wild ginseng.(7-1-24)

IDAPA 02.06.04.331 (Reserved)

360.OUT-OF-STATE GINSENG. 031Uncertified Ginseng. If a dealer receives ginseng not accompanied by a valid certificate of origin, the uncertified ginseng must be returned within thirty (30) days to the state or country of origin. Failure to do so renders the ginseng illegal for commerce.(7-1-24)

IDAPA 02.06.04.361 (Reserved)

02.06.02 Rules Governing Registrations and Licenses

IDAPA 02.06.02.000 Legal Authority

Sections 22-604, 22-2204, 22-2303(5), 22-2503, 22-2511, and 25-2710, Idaho Code.(3-23-23)

IDAPA 02.06.02.001 Scope

These rules specify general commercial feed, fertilizer, and so il and plant amendment product registration and label requirements. These rules are also to prevent the introduction or further dissemination of certain bee diseases and establish registration and collection of fees.(3-23-23)

IDAPA 02.06.02.002 (Reserved)

SUBCHAPTER A – COMMERCIAL FEED

IDAPA 02.06.02.104 Incorporation by Reference

The following documents are incorporated by reference into this Subchapter A: (3-23-23) 01.

The Association of American Feed Control Officials (AAFCO) Official Publication. The Terms, Ingredient Definitions, Model Bill and Regulations, and Policies as published in the “2026 Official Publication” of AAFCO where those statements do not conflict with Title 25, Chapter 27, Idaho Code, and any rule promulgated thereunder. A copy may be purchased online from the AAFCO website at: www.aafco.org.(7-1-26)

02.The Merck Index. The “Merck Veterinary Manual,” 11th Edition, as published by Merck Research Laboratories Division of Merck & Co., Incorporated. The manual is publicly available online from Merck & Co., Inc at: https://www.rsc.org/merckindex.(3-23-23)

IDAPA 02.06.02.105 (Reserved)

IDAPA 02.06.02.115 Registration and Fees

01.Product Registration Fee. Whenever a commercial feed is registered for distribution in the state of Idaho, a fee of forty dollars ($40) per product will be collected.(3-23-23)

02.Product Registration Fee Exemption. Sellers who are not regularly engaged in the business of manufacturing or selling commercial feed and whose total amount of gross annual sales does not exceed five hundred dollars ($500) are exempt from payment of the registration fee. This registration fee exemption does not exempt anyone from other sections of Subchapter A or the Idaho Commercial Feed Law. (7-1-26)

IDAPA 02.06.02.116 (Reserved)

IDAPA 02.06.02.120 Label Format

01.Label Format. Commercial feeds shall be labeled with the information prescribed in Section 25- 2705 of the Commercial Feed Law and Subchapter A on the principal display panel of the product and in the following general format.(3-23-23)

a.Net Weight.(3-23-23)

b.Product name and brand name if any.(3-23-23)

c.If a drug is used, the required directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements appear elsewhere on the label.(3-23-23)

d.The guaranteed analysis of the feed as required under the provisions of Section 25-2705(1)(c) of the Commercial Feed Law includes the following items, unless exempted, and in the order listed:(3-23-23)

i.Minimum percentage of crude protein.(3-23-23)

ii.Maximum or minimum percentage of equivalent protein from non-protein nitrogen.(3-23-23)

iii.Minimum percentage of crude fat.(3-23-23)

iv.Maximum percentage of crude fiber.(3-23-23)

v.Minerals, to include, in the following order: minimum and maximum percentages of calcium (Ca), minimum percentage of phosphorus (P), minimum and maximum percentages of salt (NaCl), and other minerals.

vi.Vitamins.(3-23-23)

vii.Total sugars as invert on dried molasses products or products being sold primarily for their sugar content.(3-23-23) viii.Exemptions. Guarantees for minerals are not required when there are no specific label claims and when the commercial feed contains less than six and one-half percent (6 1/2%) of Calcium, Phosphorus, Sodium, or Chloride. Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement. Guarantees for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses.(3-23-23)

e.Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of Section 25-2705(1)(d) of the Commercial Feed Law shall be listed in decreasing order of predominance by weight:(3-23-23)

i.The name of each ingredient as defined in the AAFCO Official Publication, common or usual name, or one approved by the Director.(3-23-23)

ii.Collective terms for the grouping of feed ingredients as defined in the Official Definitions of Feed Ingredients published in the AAFCO Official Publication in lieu of the individual ingredients; provided that when a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label. The manufacturer shall provide the feed control official, upon request, with a list of individual ingredients within a defined group, that are or have been used at manufacturing facilities distributing in or into the state.(3-23-23)

02.Guidelines for “Human Grade” Claims. In order to substantiate that a “human grade” claim is truthful and not misleading, a manufacturer making such claims must have documentation as required in the AAFCO Official Publication. Submitted documentation will not be reviewed as part of the label approval process, excepting any legal question or action requiring such.(3-23-23)

IDAPA 02.06.02.121 (Reserved)

IDAPA 02.06.02.130 Expression of Guarantees

01.Percentage by Weight.

The guarantees for crude protein, equivalent protein from non-protein nitrogen, crude fat, crude fiber and mineral guarantees (when required) will be in terms of percentage by weight.

02.Commercial Feeds. Commercial feeds containing six and one-half percent (6 1/2%) or more Calcium, Phosphorus, Sodium or Chloride shall include in the guaranteed analysis the minimum and maximum percentages of calcium (Ca), the minimum percentage of phosphorus (P), and if salt is added, the minimum and maximum percentage of salt (NaCl). Minerals, except salt (NaCl) shall be guaranteed in terms of percentage of the element. When calcium and/or salt guarantees are given in the guaranteed analysis such shall be stated and conform to the following:(3-23-23)

a.When the minimum is five percent (5%) or less, the maximum will not exceed the minimum by more than one (1) percentage point.(3-23-23)

b.When the minimum is above five percent (5%), the maximum will not exceed the minimum by more than twenty percent (20%) and in no case shall the maximum exceed the minimum by more than five (5) percentage points.(3-23-23)

IDAPA 02.06.02.131 (Reserved)

IDAPA 02.06.02.145 Adulterants

01.Screenings or By-Products.

All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds.(3-23-23)

IDAPA 02.06.02.146 (Reserved)

SUBCHAPTER B – BEE INSPECTION

IDAPA 02.06.02.310 Regulated Bee Diseases

American foulbrood, European foulbrood, sac brood and bee paral ysis, Varroa mite, tracheal mite, or any other disease or abnormal condition of egg, larval, pupal, or adult stages of honey bees.(3-23-23)

IDAPA 02.06.02.311 (Reserved)

IDAPA 02.06.02.330 Regulated Products and Related Equipment

Subchapter B concerns any stage of the common honey bee, Apis mellifera L., all equipment used in handling and manipulation of bees, wax, and hives, and includes any containers for honey and wax that may be used in any apiary or in transporting bees and their products and apiary supplies that are located within the state of Idaho.(3-23-23)

IDAPA 02.06.02.331 (Reserved)

IDAPA 02.06.02.340 Registration and Collection of Fees

On or before July 1 of each year any person engaging in the activities of apicultural shall file with the Idaho Department of Agriculture a “Registration” form provided by the Idaho Department of Agriculture specifying the name, residence, place of apiaries, number of hives or colonies of bees owned or controlled, and such other information as may be required, accompanied by the applicable registration fee.(3-23-23)

IDAPA 02.06.02.341 (Reserved)

SUBCHAPTER C – FERTILIZER

IDAPA 02.06.02.404 Incorporation by Reference

The following documents are incorporated by reference i nto Subchapter C:(3-23-23)

01.The Association of American Plant Food Control Officials (AAPFCO) Official Publication.

The Officially adopted Documents, Official Terms, and Policies, as published in the “2026 Official Publication” of AAPFCO where those statements do not conflict with Title 22, Chapter 6, Idaho Code, and any rule promulgated thereunder. A copy may be purchased online from the AAPFCO website at: www.aafco.org.(7-1-26)

02.The Association of Official Agricultural Chemists (AOAC) International. The “2019 Official Methods of Analysis (OMA) of the AOAC,” 21st Edition, a copyrighted publication, is maintained and published by the AOAC International. The AOAC OMA is available in electronic format at: www.EOMA.AOAC.org. A copy may be purchased online from AOAC International.(3-23-23)

IDAPA 02.06.02.405 (Reserved)

IDAPA 02.06.02.420 Sampling and Analysis

The methods of sampling are those of AAPFCO and analysis are those of the Association of Official Analytical Chemists (AOAC) or other methods as approved by the department.(3-23-23)

IDAPA 02.06.02.421 (Reserved)

IDAPA 02.06.02.440 Warning or Caution Statements

A warning or cautionary statement is required on any fertilizer product:(3-23-23) 01.

Containing Boron. If the fertilizer product contains one tenth of a percent (.10%) or more boron in a water soluble form, the statement shall include:(3-23-23)

a.The word “Warning” or “Caution” conspicuously displayed;(3-23-23)

b.The crops for which the fertilizer is recommended; and(3-23-23)

c.That the use of the fertilizer on any crop(s) other than those recommended may result in serious injury to the crop(s).(3-23-23)

02.Containing Molybdenum. If the fertilizer product contains one thousandths of a percent (.001%) or more molybdenum, the statement shall include:(3-23-23)

a.The word “Warning” or “Caution” conspicuously displayed; and(3-23-23)

b.That the application of fertilizers containing molybdenum may result in forage crops containing levels of molybdenum that are toxic to ruminant animals.(3-23-23)

IDAPA 02.06.02.441 (Reserved)

IDAPA 02.06.02.470 Investigational Allowances

01.Deeming a Fertilizer Deficient. A fertilizer will be deemed deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the values in the following schedules, or if the overall index value of the fertilizer is below ninety-seven percent (97%). Note: For these investigational allowances to be applicable, the recommended AOAC International procedures for obtaining samples, preparation and analysis must be used. These are described in Official Methods of Analysis of the Association of Official Analytical Chemists, 13th Edition, 1980, and in succeeding issues of the Journal of the Association of Official Analytical Chemists. In evaluating replicate data, Table 19, page 935, Journal of the Association of Official Analytical Chemists, Volume 49, No. 5, October, 1966, should be followed.(3-23-23)

02.Investigational Allowances for Nitrogen, Phosphate and Potash. For guaranteed percentages not listed in the following table, calculate the appropriate investigational allowance by interpolation.

Guaranteed Nitrogen Available Phosphate Potash 04 or less0.490.670.41

IDAPA 02.06.02.050 510.670.43

IDAPA 02.06.02.060 520.670.47

IDAPA 02.06.02.070 540.680.53

IDAPA 02.06.02.080 550.680.60

IDAPA 02.06.02.090 570.680.65

IDAPA 02.06.02.100 580.690.70

IDAPA 02.06.02.120 610.690.79

140.630.700.87 160.670.700.94 (*For DAP and MAP, the Investigational Allowance for Available Phosphate is zero point seventy (0.70); for TSP, the Investigational Allowance shall be: one point fifty-two (1.52)). For dry custom mix fertilizers, an additional five percent (5%) of the guaranteed percentage shall be granted in addition to the allowances made in Subsection 470.02.

IDAPA 02.06.02.471 (Reserved)

SUBCHAPTER D – SOIL AND PLANT AMENDMENTS

IDAPA 02.06.02.504 Incorporation by Reference

The following documents are incorporated by reference into Subchapter D:(3-23-23)

01.The Association of American Plant Food Control Officials (AAPFCO) Official Publication.

The Terms, Ingredient Definitions, and Policies, as published in the “2026 Official Publication” of AAPFCO where those terms and ingredient definitions, and policy statements do not conflict with terms and ingredient definitions, and policy statements adopted under Title 22, Chapter 22, Idaho Code, and any rule promulgated thereunder. A copy may be purchased online from the AAPFCO website at: www.aapfco.org.(7-1-26)

02.The Association of Official Agricultural Chemists (AOAC) International. The “2019 Official Methods of Analysis (OMA) of the AOAC,” 21st Edition, a copyrighted publication, is maintained and published by the AOAC International. The AOAC OMA is available in electronic format at: www.EOMA.AOAC.org. A copy may be purchased online from AOAC International.(3-23-23)

IDAPA 02.06.02.505 (Reserved)

IDAPA 02.06.02.180 700.711.01

IDAPA 02.06.02.200 730.721.08

IDAPA 02.06.02.220 750.721.15

IDAPA 02.06.02.240 780.731.21

IDAPA 02.06.02.260 810.731.27

280.830.741.33 300.860.751.39 32 or more (*)0.880.761.44 Guaranteed Nitrogen Available Phosphate Potash

02.04.04 Rules for Artificial Dairy Products

IDAPA 02.04.04.000 Legal Authority

Section 37-303, Idaho Code.( 4-6-23)

IDAPA 02.04.04.001 Scope

These rules govern the process, sale, and distribu tion of artificial dairy products.(4-6-23)

IDAPA 02.04.04.002 (Reserved)

IDAPA 02.04.04.100 General

The Department will issue and enforce a writ ten stop sale order to the owner or custodian of any quantity of artificial dairy products that has been determined by the Department to be in violation of Sections 37-315 through 37-318, Idaho Code. The order shall prohibit further sale, processing, or movement of such artificial dairy products, until the Department has evidence that the law has been complied with.(4-6-23)

IDAPA 02.04.04.101 (Reserved)

02.04.29 Rules Governing Trichomoniasis

IDAPA 02.04.29.000 Legal Authority

Section 25-203, Idaho Code.( 4-6-23)

IDAPA 02.04.29.001 Scope

These rules govern procedures for the preventi on, control and eradication of Trichomoniasis, a venereal disease of cattle caused by the organism Tritrichomonas foetus. (4-6-23)

IDAPA 02.04.29.002 (Reserved)

IDAPA 02.04.29.004 Incorporation by Reference

IDAPA 02.04.29 incorporates by reference the official 2022 Edition of Idaho “Protocol for T richomonas foetus Diagnosis in Cattle” which can be viewed online at https://agri.idaho.gov/main/laboratories/animal-healthlaboratories/.(4-6-23)

IDAPA 02.04.29.005 (Reserved)

IDAPA 02.04.29.010 Definitions

The following definitions apply:(4-6-23)

01.Cattle. All bovidae, except bison.(4-6-23)

02.Exposed Cattle. Any cattle that have been in contact with cattle infected with or affected by Trichomoniasis.(4-6-23)

03.Herd. A herd is any group of cattle maintained on common ground for any purpose, or two (2) or more groups of cattle under common ownership or supervision, geographically separated, but which have an interchange or movement of cattle without regard to whether they are infected with or exposed to Trichomoniasis.

04.Infected Cattle. Any cattle determined by an official test or diagnostic procedure to be infected with Trichomoniasis or diagnosed by a veterinarian as infected.(4-6-23)

05.Infected Herd. Any herd in which any cattle have been determined by an official test or diagnostic procedure to be infected with Trichomoniasis or diagnosed by a veterinarian as being infected.(4-6-23)

06.Negative. Cattle that have been found to be free from infection with Trichomoniasis using an official test.(4-6-23)

07.PCR. Polymerase Chain Reaction.(4-6-23)

08.Positive. Cattle that have been found to be infected with Trichomoniasis using an official test.

09.T Brand. A two inch by three inch (2” x 3”) single-character hot iron T brand, applied to the left of the tail-head of a bull, signifying that the bull is infected with Trichomoniasis.(4-6-23)

10.Trichomoniasis. A venereal disease caused by the organism Tritrichomonas foetus.(4-6-23)

IDAPA 02.04.29.011 (Reserved)

IDAPA 02.04.29.100 Trichomoniasis Control and Eradication Program

The Trichomoniasis testing season begins on September 1 of each year and continues until August 31 of the succeeding year. All bulls within the state of Idaho shall be tested negative for Trichomoniasis before being allowed to come into contact with female cattle or by April 15 of each Trichomoniasis testing season, whichever occurs first, except:(4-6-23)

01.Bulls in Public Grazing Allotments. Bulls that are to be turned out on public grazing allotments shall be tested for Trichomoniasis by April 15 of each Trichomoniasis testing season or prior to turnout, which ever occurs first.(4-6-23)

02.Virgin Bulls. All bulls native to Idaho that are less than twenty-four (24) months of age and have never serviced a cow are exempt from the Trichomoniasis testing requirements.(4-6-23)

a.Such bulls shall be identified by an accredited veterinarian with an official Trichomoniasis bangle tag for the current testing season and the identification recorded on an electronic Trichomoniasis Test and Report Form.(4-6-23)

b.If sold, such bulls shall be accompanied by a certificate signed by the owner or his representative attesting that they are virgin bulls.(4-6-23)

03.Dairy Bulls. All dairy bulls in dry lot operations are exempt from the Trichomoniasis testing requirements. Dairy bulls that are pastured or grazed must meet the Trichomoniasis testing requirements.(4-6-23)

04.Bulls Consigned to Slaughter or to an Approved Feedlot. Bulls consigned directly to slaughter at an approved slaughter establishment or to an approved feedlot are exempt from testing requirements.(4-6-23)

05.Extension of Testing Deadline. The Administrator may grant an extension of time beyond April 15 to accomplish Trichomoniasis testing after the owner submits a written request, outlining the reasons for the extension and requested length of extension, to the Division of Animal Industries.(4-6-23)

a.The herd of bulls shall be put under Hold Order until the owner furnishes documentation that the bulls have been tested.(4-6-23)

IDAPA 02.04.29.101 (Reserved)

IDAPA 02.04.29.110 Trichomoniasis Testing Identification

All bulls tested and tagged for Trichomoniasis shall be identified b y an official Trichomoniasis bangle tag of for the current testing season and the identification recorded on a Trichomoniasis Test and Report Form approved by the Administrator. Beginning with the September 2021 testing season, annual tag colors will be rotated in the following order: White, Orange, Blue, Yellow, and Green.(4-6-23)

IDAPA 02.04.29.111 (Reserved)

IDAPA 02.04.29.200 Bulls for Sale

Bulls presented for sale at approved lives tock markets, shows, special sales, or by private contract in Idaho shall be accompanied by a certificate of negative test and a statement signed by the owner certifying “Trichomoniasis has not been diagnosed in the herd of origin;” or(4-6-23)

01.Returned to Home Premises. Such bulls shall be returned to home premises for official testing; or

02.Sold Directly to Slaughter. Such bulls shall be sold directly to slaughter at an approved slaughter establishment, an Idaho approved feedlot, as defined in IDAPA 02.04.20, “Rules Governing Brucellosis”; or (4-6-23)

03.Placed Under a Hold Order. Such bulls will be placed under Hold Order by the livestock market veterinarian or a private veterinarian and have three (3) consecutive negative Trichomoniasis PCR or culture tests.

The samples for each test shall be collected at least seven (7) days apart and tested for Trichomoniasis to be eligible to receive a certificate of negative test; or(4-6-23)

04.Virgin Bulls. Virgin bulls native to Idaho that are less than twenty-four (24) months of age and have never serviced a cow shall be identified with an official Trichomoniasis bangle tag for the current testing season.

05.Period of Validity. For resident breeding bulls sold in Idaho, the negative test is valid for up to ninety (90) days provided the bull(s) has had no contact with female cattle from the time of test to the time of sale.

06.Contact with Female Cattle. Bulls that have had contact with female cattle subsequent to testing must be retested prior to sale.(4-6-23)

IDAPA 02.04.29.201 (Reserved)

IDAPA 02.04.29.300 Public Grazing

All bulls that are turned out on public grazing allotments shall be certified and identified as virgin bulls, or tested negative for Trichomoniasis prior to the turnout date, or before April 15 of each testing season, which ever occurs first.(4-6-23)

01.Grazing Associations. All bulls that are in a public grazing association or run in common on an allotment will be considered part of one (1) herd.(4-6-23)

02.Positive Tests. If any bull owned by any of the producers in a grazing association or allotment tests positive on an official test, all other producers in the association or allotment are considered part of an infected bull herd and handled in accordance with Section 310 of this rule.(4-6-23)

IDAPA 02.04.29.301 (Reserved)

IDAPA 02.04.29.310 Infected Bulls and Herds

Any bull or cow that is positive to an official Trichomoniasis test i s considered infected. A herd in which one (1) or more bulls or cows are found infected with Trichomoniasis is considered infected.(4-6-23)

01.Confirmatory Testing of Culture Positive Bulls. Any culture positive bull must be confirmed by PCR test at an approved laboratory unless the animal is destined directly to slaughter. The result of the PCR will be the final determinant of the test status.(4-6-23)

02.Quarantine of Infected Herds. Any veterinarian that discovers an infected herd shall notify the Division of Animal Industries within forty-eight (48) hours that the test was positive. A quarantine will be issued and may include a provision requiring all breeding age female cattle in the infected herd to be held in isolation from all bulls for a period of up to one hundred twenty (120) days as determined by the Administrator.(4-6-23)

03.Exposed Herds. Herds identified as exposed through an epidemiological investigation will be placed under a Hold Order.(4-6-23)

a.Bulls in exposed herds will be tested as determined by the Administrator.(4-6-23)

b.All bulls tested in exposed herds shall be individually identified pursuant to Section 110. (4-6-23)

04.Testing of Infected Herds. Bulls in infected herds shall be tested negative for Trichomoniasis three (3) consecutive times, using PCR, before the quarantine can be released. Samples for each test must be collected at least seven (7) days apart and tested for Trichomoniasis to be eligible to receive a certificate of negative test. (4-6-23)

a.All bulls tested in the infected herd and all purchased and home raised additions to the bull herd, including virgin bulls, shall be individually identified and recorded pursuant to Section 110.(4-6-23)

b.Bulls that have three (3) consecutive negative PCR tests conducted at least seven (7) days apart shall be considered negative for Trichomoniasis and can be so certified.(4-6-23)

05.Identifying Infected Bulls. The administrator may require all bulls testing positive for trichomoniasis, to be identified with a hot iron T brand applied to the left of the tail-head indicating that the bull is positive for trichomoniasis.(4-6-23)

IDAPA 02.04.29.311 (Reserved)

IDAPA 02.04.29.320 Movement of Infected Cattle

All infected cattle shall be co nsigned to slaughter at an approved slaughter establishment or consigned to an approved livestock market for sale to an approved slaughter establishment and remain under quarantine until moved to slaughter. All infected cattle being moved from the premise of origin to an approved livestock market for sale to slaughter, or directly to an approved slaughter establishment for slaughter, shall move on a valid VS 1-27 form.

01.Slaughter Within Thirty Days. All infected cattle shall be moved to slaughter within thirty (30) days of the issuance of the quarantine. All infected cattle are to be kept separate and apart from cattle or domestic bison of the opposite sex. The infected cattle will remain under quarantine until moved to slaughter.(4-6-23)

02.Exceptions. Upon request the Division of Animal Industries may grant an extension of time after the owner submits a written request for extension of time for movement to slaughter to the Division of Animal Industries.(4-6-23)

IDAPA 02.04.29.321 Treatment of Infected Bulls

There are no treatments for Trichomoniasis approved for use in Idaho.(4-6-23)

IDAPA 02.04.29.322 (Reserved)

IDAPA 02.04.29.330 Official Laboratories

Only laboratories approved by the Division of Animal Industries as official laboratories may test official T richomoniasis samples.(4-6-23)

01.Protocols. Official laboratories will operate in accordance with the official Idaho “Protocol for Trichomonas foetus Diagnosis in Cattle.”(4-6-23)

02.Check Test. Official laboratories personnel responsible for conducting trichomoniasis testing must be trained and certified by ISDA in the detection of trichomonad organisms and must pass a certifying check test administered by the Division of Animal Industries.(4-6-23)

IDAPA 02.04.29.331 Official Trichomoniasis Tests

01.Culture Tests.

An official test is one in which the sample is received in the official laboratory, in good condition, and tested according to the official Idaho “Protocol for Trichomonas foetus Diagnosis in Cattle.”

Samples which have been frozen or exposed to high temperatures shall be discarded.(4-6-23)

02.Polymerase Chain Reaction. PCR test completed by a qualified laboratory, approved by the Administrator.(4-6-23)

03.Other Official Tests. Other tests for Trichomoniasis may be approved by the Division of Animal Industries, as official tests, after the tests have been proven effective by research, have been evaluated sufficiently to determine efficacy, and a protocol for use of the test has been established.(4-6-23)

04.Use of Official Laboratories. Accredited veterinarians are to utilize only official laboratories for testing of Trichomoniasis samples.(4-6-23)

IDAPA 02.04.29.332 Sample Submission and Reporting of Test Results and Official

IDENTIFICA

TION.

Accredited veterinarians must submit samples, test results, and official identification of all Trichomoniasis tests on a form approved by the Administrator within five (5) business days of:(4-6-23)

01.Collecting the Sample. If submitting to an official lab for PCR testing; or(4-6-23)

02.Finalizing Culture Results. or(4-6-23)

03.Identifying Virgin Bulls. Identifying virgin bulls with official Trichomoniasis bangle tags.

IDAPA 02.04.29.333 (Reserved)

IDAPA 02.04.29.400 Rodeo Bulls

Bulls currently in a rodeo string, bulls purchased under the feedlot exemption at an approved livestock market, bulls purchased by private treaty, and bulls purchased in other states and imported into Idaho for rodeo purposes are exempt from Trichomoniasis testing under the following conditions:(4-6-23)

01.Division Approval. The owner of the rodeo bulls has completed and submitted an application to the Division of Animal Industries, which the Division has approved; and(4-6-23)

02.Not Mixed with Cows. The rodeo bulls are confined to a dry lot and not mixed with cows or used for breeding purposes; and(4-6-23)

03.Permanently Identified. All bulls in the rodeo string are officially identified; and(4-6-23)

04.Records Maintained. Official identification records are maintained in a permanent record file at the owner’s premises and a copy of the record will be provided to the Division of Animal Industries upon request; and

05.Bulls Purchased. Bulls purchased for addition to the rodeo string shall meet all other health requirements. Purchased bulls shall be immediately officially identified as specified in Subsection 400.03 of this rule.

Official back tag and ear tag numbers on the bull at time of purchase shall be correlated to the official identification in the official record; and(4-6-23)

06.Bulls Removed for Slaughter. Removal of bulls to slaughter is documented in the permanent record; and(4-6-23)

07.Bulls Removed for Breeding Purposes. Bulls that are removed from the rodeo string for breeding purposes shall undergo three (3) consecutive negative official tests for Trichomoniasis. The samples for each test are to be collected at least seven (7) days apart and tested for Trichomoniasis to be eligible to receive a certificate of negative test.(4-6-23)

IDAPA 02.04.29.401 (Reserved)

IDAPA 02.04.29.410 Feeding Bulls of Unknown Trichomoniasis Status

Bulls of unknown Trichomoniasis status may be fed for slaughter in an Idaho approved feedlot.(4-6-23)

01.Removal of Untested Bulls. Untested bulls shall be sold directly to slaughter at an approved slaughter establishment.(4-6-23)

02.Removal of Bulls for Breeding Purposes. Bulls that are removed for breeding purposes shall undergo three (3) consecutive negative official tests for Trichomoniasis. The samples for each test are to be collected at least seven (7) days apart and tested for Trichomoniasis to be eligible to receive a certificate of negative test.

IDAPA 02.04.29.411 (Reserved)

02.04.17 Rules Governing Dead Animal Movement and Disposal

IDAPA 02.04.17.000 Legal Authority

This chapter is adopted under the legal authority of Secti ons 25-203 and 25-237, Idaho Code.(4-6-23)

IDAPA 02.04.17.001 Scope

These rules govern the management, movement and disposal of dead animals.(4-6-23)

IDAPA 02.04.17.002 Incorporation by Reference

The following documents are incorporated by ref erence into this chapter:(4-6-23)

01.Livestock Carcass Composting Best Practices. 2022. This document can be viewed online at https://agri.idaho.gov/main/wp-content/uploads/2022/06/Dead-Animal-Composting-BMPs-final-6.13.22.pdf.

IDAPA 02.04.17.003 (Reserved)

IDAPA 02.04.17.010 Definitions

01.Abandon.

To desert or intentionally leave a dead animal without proper disposal as provided in these rules.(4-6-23)

02.Air Curtain Incineration. A mechanical process of incineration by which super-heated air is continuously circulated to enhance combustion.(4-6-23)

03.Burning. The act of consuming or destroying by fire with or without the use of an accelerant.

04.Composting. The biological decomposition of organic matter under controlled conditions. (4-6-23)

05.Dead Animals. Carcasses and parts of carcasses from domestic livestock including, but not limited to: bovidae, suidae, equidae, captive cervidae, camelidae, ratitidae, gallinaceous birds and captive waterfowl.

06.Decomposition. The decay of dead animals under natural conditions.(4-6-23)

07.Digestion. A process by which organic matter is hydrolyzed.(4-6-23)

08.Harvested. Domesticated livestock killed by a person if any portion of the carcass is salvaged.

09.Incineration. The controlled and monitored combustion of dead animals for the purposes of volume reduction and pathogen control.(4-6-23)

10.Pets. Cats, dogs, and other non-human species of animals that are kept as household companions.

11.Rendering. The process or business of recycling dead animals and animal by-products.(4-6-23)

12.Sanitary Landfill. A solid waste disposal site permitted or approved by the Idaho Department of Environmental Quality.(4-6-23)

IDAPA 02.04.17.011 Exclusions

The following establishments and animals are excluded from the provisions of these rules.(4-6-23)

01.Slaughter Establishments. Establishments that slaughter livestock for human consumption.

02.Free-Ranging Wildlife. Non-captive wildlife or wild fish.(4-6-23)

03.House Pets. House pets less than one hundred (100) pounds in weight.(4-6-23)

04.Pets Buried in a Licensed Pet Cemetery. Pets of any weight buried in a licensed pet cemetery.

IDAPA 02.04.17.012 (Reserved)

IDAPA 02.04.17.020 Abandonment of Dead Animals

No person who owns or is caring for an animal that has died may abandon the dead animal. Animals that are being disposed of by decomposition in accordance with these rules are not considered abandoned.(4-6-23)

IDAPA 02.04.17.021 (Reserved)

IDAPA 02.04.17.030 Disposal of Dead Animals

Dead animals shall be disposed of within seventy-two (72) hours, by one (1) of the following methods, after knowledge of the death of the animal or as provided by the Administrator. No person shall dispose of a dead animal on the land of another without the permission of the property owner.(4-6-23)

01.Dead Animals on Federally Managed Land. Animals that die on federally managed rangeland from causes other than significant infectious or contagious diseases or agents shall be disposed of as provided by the regulations of the responsible land management agency.(4-6-23)

02.Disposal Methods Determined by the Administrator. The Administrator may determine the appropriate method of disposal for animals that die of significant infectious or contagious diseases or agents.

a.The owner of any dead animal known to be infected with a prion disease must notify the Administrator prior to disposing of the carcass.(4-6-23)

03.Rendering. If a licensed and approved rendering facility accepts the dead animal, rendering is an approved method of disposal.(4-6-23)

a.When carcasses are held for pickup, the site shall be screened from public view, in a dry area and not in a water runoff or drainage area.(4-6-23)

b.Run-off from the holding area must be contained.(4-6-23)

04.Burial. Dead animals shall be buried to such a depth that no part of the dead animal may be nearer than three (3) feet to the natural surface of the ground. Every part of the dead animal shall be covered with at least three (3) feet of earth. The location of a burial site shall be:(4-6-23)

a.At least three hundred (300) feet from any wells, surface water intake structures, and public or private drinking water supply lakes or springs.(4-6-23)

b.At least three hundred (300) feet from any existing residences.(4-6-23)

c.At least fifty (50) feet from property lines.(4-6-23)

d.At least one hundred (100) feet from public roadways.(4-6-23)

e.At least two hundred (200) feet from any body of surface water such as a river, stream, lake, pond, intermittent stream, or sinkhole. Elevated or up-gradient surface waters are not subject to this setback.(4-6-23)

f.Burial sites shall not be located in low-lying areas subject to flooding, or in areas with a high water table where the seasonal high water level may contact the burial pit.(4-6-23)

05.Disposal in an Approved Sanitary Landfill. Arrangements shall be made with a city, county, regional, or private landfill official in order to dispose of a dead animal in a city, county, regional, or private landfill.

06.Composting.(4-6-23)

a.Composting of dead animals may be allowed in a manner approved by the Administrator. (4-6-23)

b.No composters that have been approved by other agencies shall begin composting dead animals without the approval of the Administrator.(4-6-23)

07.Digestion. Digestion of dead animals may be accomplished in a properly designed and sized dead animal digester approved by the Administrator.(4-6-23)

08.Incineration.(4-6-23)

a.Incineration of dead animals shall be accomplished in an approved incineration facility, or by a mobile air curtain incinerator at a site approved by the Administrator.(4-6-23)

b.The incineration shall be thorough and complete, reducing the carcass to mineral residue. (4-6-23)

09.Burning. Open burning of dead animals is not allowed, except as authorized by the Administrator, in coordination with the Department of Environmental Quality.(4-6-23)

10.Decomposition. Animals that die on private or state rangeland, except domesticated livestock that are harvested, from causes other than significant infectious or contagious diseases or agents may be left to decompose naturally provided that they are at least one thousand three hundred twenty (1,320) feet from any surface water (public or private), wells, springs, public roadways and residences.(4-6-23)

IDAPA 02.04.17.031 (Reserved)

IDAPA 02.04.17.040 Movement of Dead Animals

No dead animals may be loaded into the same ve hicle with live animals.(4-6-23)

01.Vehicles Used for Transporting Dead Animals. Vehicles used for transporting dead animals shall be constructed and maintained, or be prepared prior to receiving dead animals into the vehicle, so that no liquid or fluid from the dead animals is allowed to drip or seep from the vehicle during transport.(4-6-23)

02.Dead Animals Concealed from View. Dead animals shall be concealed from public view during transportation.(4-6-23)

03.Direct to Destination. Vehicles hauling dead animals shall travel to their destination directly.

04.Disinfection. Vehicles that have hauled dead animals off an owner’s property shall not be used to haul live animals, feeds or similar commodities to the property of another person until they have been thoroughly cleaned and disinfected.(4-6-23)

05.Transport of Dead Animals. No person may transport a dead animal across or through the property of another person without the landowner’s permission.(4-6-23)

IDAPA 02.04.17.041 (Reserved)

IDAPA 02.04.17.050 Dead Animal Emergencies

Dead animal emergencies are those situati ons involving dead animals that have been determined by the Administrator to require extraordinary disposal measures.(4-6-23)

01.Situations Requiring Extraordinary Disposal Measures. These situations include, but are not limited to, the following:(4-6-23)

a.Situations where one (1) or more animals die of an infectious or contagious disease or agent that may pose a significant threat to humans or animals;(4-6-23)

b.Situations wherein the number of dead animals is large enough to require extraordinary disposal measures.(4-6-23)

02.Administrator to Determine Disposal Methods. The Administrator may employ exceptional or extraordinary methods of dead animal disposal as necessary to protect the health and welfare of the human and animal populations of the state of Idaho. Such methods may include, but not be limited to:(4-6-23)

a.Open burning;(4-6-23)

b.Pit burning;(4-6-23)

c.Burning with accelerants;(4-6-23)

d.Pyre burning;(4-6-23)

e.Air curtain incineration;(4-6-23)

f.Mass burial; or(4-6-23)

g.Natural decomposition.(4-6-23)

IDAPA 02.04.17.051 (Reserved)

02.06.33 Organic Food Products Rules

IDAPA 02.06.33.000 Legal Authority

This chapter is adopted under the legal authority of Section 22 -1103, Idaho Code.(3-15-22)

IDAPA 02.06.33.001 Scope

These rules govern definitions, requirements for production, handling, and labeling of organic plant and animal product s. These rules further govern the general requirements for certification of producers and handlers of plant and animal products, as well as program fee structures. (3-15-22)

IDAPA 02.06.33.002 (Reserved)

IDAPA 02.06.33.004 Incorporation by Reference

The Code of Federal Regulations, Title 7, Part 205, National Organic Program Regulations (February 21, 2025), except sections 205.620 through 205.622, is incorporated by reference and can be viewed online at https:// www.ecfr.gov/current/title-7/subtitle-B/chapter-I/subchapter-M/part-205/subpart-G/subject-group- ECFR370552c56dd7aef. Copies of this document may be obtained from the Idaho State Department of Agriculture (ISDA), 2270 Old Penitentiary Road, Boise, Idaho 83712.(7-1-26)

IDAPA 02.06.33.005 (Reserved)

IDAPA 02.06.33.010 Definitions

In addition to the definitions found in Section 22 -1102, Idaho Code, the following definitions apply to the interpretation and enforcement of these rules: (3-15-22)

01.Agent. Any entity accredited by the Secretary of the United States Department of Agriculture as a certifying agent for the purpose of certifying a production or handling operation.(3-15-22)

02.Certification. A document issued by the Department to a producer/handler who is in compliance with this rule.(3-15-22)

03.Food Products. Includes all agricultural, horticultural, viticultural and vegetable products of the soil, apiary and apiary products, poultry and poultry products, livestock and livestock products, milk and dairy products and aquaculture products.(3-15-22)

04.Gross Organic Sales. The grand total of all organic revenue and/or sales transactions that occurred within a calendar year.(3-15-22)

05.Materials. Any substance or mixture of substances that is intended to be used in agricultural production, processing, or handling.(3-15-22)

IDAPA 02.06.33.011 (Reserved)

IDAPA 02.06.33.200 Idaho Organic Certification Seal

01.Utilization of Seal.

The Idaho organic certification seal as approved by the director and as shown on the ISDA website may be imprinted or affixed on labels, packages or products, or used in advertising in any manner and signifies that the standards and rules developed in accordance with the provisions of this rule and all other conditions of the provisions of this chapter have been met.(3-15-22)

a.Any container manufacturer may apply for authorization to imprint facsimiles of the ISDA organic certification seal on containers of organic products.(3-15-22)

b.Authorization granted to imprint facsimile seals is subject to review by the director on an annual basis, or more frequently if necessary.(3-15-22)

IDAPA 02.06.33.201 (Reserved)

IDAPA 02.06.33.300 Certification Requirements and Fees

01.Certification Requirements.

All applicants applying for certification with the Department, must submit the application to the Department on forms prescribed or approved by the Department.(3-15-22)

a.The application period is November 1 through February 28 of each year for the next calendar year.

Applications submitted between March 1 through May 31 will incur an additional late fee of two hundred fifty dollars ($250) applied to each late application. Applications must be complete and include a nonrefundable application fee according to Subsection 300.02 of this rule. Applications submitted after May 31 will not be accepted for the current calendar year.(7-1-26)

b.All organic food producers/handlers in Idaho with annual gross organic sales of more than five thousand dollars ($5,000) must be certified with the Department, unless certified by agents other than the Department accredited under the National Organic Program.(3-15-22)

c.Producers/handlers with annual gross organic sales of five thousand dollars ($5,000) or less may select certification.(3-15-22)

d.All organic food producers and organic handlers certifying with the Department are subject to an annual on-site inspection.(3-15-22)

02.Certification Fees.(3-15-22)

a.Organic producers/handlers requesting certification – Certification Application Fee of two hundred dollars ($200) that is non-refundable.(3-23-23)

b.A person who produces and handles their own organic food products pays only one (1) annual certification fee based on gross annual organic sales.(3-15-22)

03.Certification Inspection Fees.(3-15-22)

a.The hourly rate is fifty dollars ($50) including travel time.(3-23-23)

b.Travel time from an inspector’s normal duty station to the inspection site and return to normal duty station will be compensable time charged to the applicant.(3-15-22)

c.There will be a minimum charge of fifty dollars ($50) plus mileage as approved by the Board of Examiners for any inspection.(3-23-23)

d.Inspections conducted on weekends, holidays, or after normal office hours will be charged at an hourly rate of sixty-five dollars ($65) including travel time with a minimum charge of one (1) hour plus mileage.

e.Upon approval by the Department, private inspectors may be utilized. The applicant bears the total cost of the private inspection.(3-15-22)

04.Additional Services/Charges.(3-23-23)

a.Private Label Arrangement – Annual fee of two hundred dollars ($200) per arrangement assessed to ISDA certified co-packer or handler packaging and/or affixing a private label for a non-ISDA certified entity.

b.Export and Transaction Certifications – Twenty-five dollars ($25) will be assessed for each international export and transaction certificate requested.(3-23-23)

IDAPA 02.06.33.301 Graduated Gross Sales Fee Schedule

In addition to the fees prescribed above, all producers and handlers certified by the Department must remit with their certification application an amount based on their annual gross organic sales during the last calendar year, or in the case of a first-time applicant, a projected gross organic sale dollar amount for the upcoming calendar year, with a minimum fee of thirty-five dollars ($35). The graduated gross organic sales fee structure is as follows:

302. -- 999.(RESERVED) 0 - 5,000$35 5,001 - 10,000$65 10,001 - 15,000$100 15,001 - 20,000$130 20,001 - 25,000$165 25,001 - 30,000$195 30,001 - 35,000$230 35,001 - 50,000$325 50,001 - 75,000$490 75,001 - 100,000$650 100,001 - 150,000$975 150,001 - 200,000$1,300 200,001 - 280,000$1,820 280,001 - 375,000$2,440 375,001 - 500,000$3,250 500,001 and up 0.75% of gross organic sales up to $6,500

02.02.11 Rules Governing Eggs and Egg Products

IDAPA 02.02.11.000 Legal Authority

This chapter is adopted under the legal authority of Section 37-1521, Idaho Code.(3-15-22)

IDAPA 02.02.11.001 Title and Scope

01.Title.

The title of this chapter is IDAPA 02.02.11, “Rules Governing Eggs and Egg Products.”

02.Scope. These rules govern the grades and standards for Idaho eggs and egg products, including tolerances, consumer grades, sanitation, storage, egg seals, tax, and cartons.(3-15-22)

IDAPA 02.02.11.002 (Reserved)

IDAPA 02.02.11.012 Grades and Standards

01.Classifications.

The following standards, grades and weight classifications are hereby established and adopted.(3-15-22)

a.Except as otherwise provided in this subsection, all shell eggs sold for human consumption in the Idaho must be designated as one (1) of the following grades: “Idaho Consumer Grade AA,” “Idaho Consumer Grade A,” “Idaho Consumer Grade B.”(3-15-22)

b.An Idaho producer of shell eggs may sell shell eggs produced on his premises in Idaho directly to consumers at the place of production of the eggs, without grade designations.(3-15-22)

c.Idaho shell egg producers having three hundred (300) or less hens may sell ungraded shell eggs produced upon their premises to retailers, provided that each carton or other container of ungraded shell eggs sold must be clearly marked “Ungraded” and bear the name and address of the Idaho producer.(3-15-22)

02.Standards. The following standards for individual shell eggs are used in determining the Idaho consumer grade designation applicable thereto.(3-15-22)

03.Application. The Idaho standards for quality of individual shell eggs contained in this section are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell.(3-15-22)

04.Interior Egg Quality Specifications. Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light. Any type or make of candling light may be used that will enable the particular grader to make consistently accurate determinations of the interior quality of shell eggs. It is desirable to break out an occasional egg and by determining the Haugh unit value of the broken-out egg, compare the broken-out and candled appearance, thereby aiding in correlating candled and broken-out appearance.(3-15-22)

05.AA Quality. The shell must be clean, unbroken and practically normal. The air cell must not exceed one-eighth (1/8) inch in depth, may show unlimited movement and may be free or bubbly. The white must be clear and firm so that the yolk is only slightly defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.(3-15-22)

06.A Quality. The shell must be clean, unbroken and practically normal. The air cell must not exceed three-sixteenths (3/16) inch in depth, may show unlimited movement and may be free or bubbly. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.(3-15-22)

07.B Quality. The shell must be unbroken, may be abnormal, and may have slightly stained areas.

Moderately stained areas are permitted if they do not cover more than one thirty-second (1/32) of the shell surface if localized, or one-sixteenth (1/16) of the shell surface if scattered. Eggs having shells with prominent stains or adhering dirt are not permitted. The air cell may be over three-six teenths (3/16) inch in depth, may show unlimited movement, and may be free or bubbly. The white may be weak and watery so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged and flattened and may show clearly visible germ development but no blood due to such development. It may show other serious defects that do not render the egg inedible. Small blood spots or meat spots (aggregating not more than one-eighth (1/8) inch in diameter) may be present.(3-15-22)

08.Dirty. An individual egg that has an unbroken shell with adhering dirt or foreign material, prominent stains or moderate stains covering more than one thirty-second (1/32) of the shell surface if localized, or one-sixteenth (1/16) of the shell surface if scattered.(3-15-22)

09.Check. An individual egg that has a broken shell or crack in the shell but with its shell membranes intact and its contents do not leak. A “check” is considered to be lower in quality than a “dirty.”(3-15-22)

IDAPA 02.02.11.013 (Reserved)

IDAPA 02.02.11.050 Terms Descriptive of Shell

01.Clean.

A shell that is free from foreign material and from stains or discolorations that are readily visible. An egg may be considered clean if it has only very small specks, stains or cage marks if such specks, stains or cage marks are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs that show traces of processing oil on the shell are considered clean unless otherwise soiled.(3-15-22)

02.Dirty. A shell that is unbroken and that has dirt or foreign material adhering to its surface, that has prominent stains, or moderate stains covering more than one thirty-second (1/32) of the shell surface if localized or one-sixteenth (1/16) of the shell surface if scattered.(3-15-22)

03.Practically Normal (AA or A Quality). A shell that approximates the usual shape and that is sound and is free from thin spots. Ridges and rough areas that do not materially affect the shape and strength of the shell are permitted.(3-15-22)

04.Abnormal (B Quality). A shell that may be somewhat unusual or decidedly misshapen or that may show pronounced ridges or thin spots.(3-15-22)

IDAPA 02.02.11.051 (Reserved)

IDAPA 02.02.11.100 Terms Descriptive of the Air Cell

01.Depth of Air Cell.

The depth of the air cell (air space between shell membranes, normally in the large end of the egg) is the distance from its top to its bottom when the egg is held air cell upward.(3-15-22)

02.Free Air Cell. An air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly.(3-15-22)

03.Bubbly Air Cell. A ruptured air cell resulting in one (1) or more small separate air bubbles usually floating beneath the main air cell.(3-15-22)

IDAPA 02.02.11.101 (Reserved)

IDAPA 02.02.11.150 Terms Descriptive of the White

01.Clear.

A white that is free from discolorations or from any foreign bodies floating in it. (Prominent chalazas should not be confused with foreign bodies such as spots or blood clots).(3-15-22)

02.Firm (AA Quality). A white that is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled. With respect to a broken-out egg, a firm white has a Haugh unit value of seventy-two (72) or higher when measured at a temperature between forty-five (45) Degrees F and sixty (60) Degrees F.(3-15-22)

03.Reasonably Firm (A Quality). A white that is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely that results in a fairly well defined yolk outline when the egg is twirled. With respect to a broken-out egg, a reasonably firm white has a Haugh unit value of sixty (60) to seventy-two (72) when measured at a temperature between forty-five (45) Degrees F and sixty (60)

Degrees F.(3-15-22)

04.Weak and Watery (B Quality). A white that is weak, thin and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, thus causing the yolk outline to appear plainly visible and dark when the egg is twirled. With respect to a broken-out egg, a weak and watery white has a Haugh unit value lower than sixty (60) when measured at a temperature between forty-five (45) Degrees F and sixty (60) Degrees F.(3-15-22)

05.Blood Spots or Meat Spots. Small blood spots or meat spots (aggregating not more than oneeighth (1/8) inch in diameter), may be classified as “B” quality. If larger, or showing diffusion of blood into the white surrounding a blood spot, the egg must be classified as Loss. Blood spots must not be due to germ development. They may be on the yolk or in the white. Meat spots may be blood spots that have lost their characteristic red color or tissue from the reproductive organs.(3-15-22)

06.Bloody White. An egg that has blood diffused through the white. Eggs with bloody whites are classed as Loss. Eggs with blood spots that show a slight diffusion into the white around the localized spot are not to be classified as bloody whites.(3-15-22)

IDAPA 02.02.11.151 (Reserved)

IDAPA 02.02.11.200 Terms Descriptive of the Yolk

01.Outline Slightly Defined (AA Quality).

A yolk outline that is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled(3-15-22)

02.Outline Fairly Well Defined (A Quality). A yolk outline that is discernible but not clearly outlined as the egg is twirled.(3-15-22)

03.Outline Plainly Visible (B Quality). A yolk outline that is clearly visible as a dark shadow when the egg is twirled.(3-15-22)

04.Enlarged and Flattened (B Quality). A yolk in which the yolk membranes and tissues have weakened and moisture has been absorbed from the white to such an extent that it appears definitely enlarged and flat.(3-15-22)

05.Practically Free From Defects (AA or A Quality). A yolk that shows no germ development but may show other very slight defects on its surface.(3-15-22)

06.Serious Defects (B Quality). A yolk that shows well developed spots or areas and other serious defects, such as olive yolks, that do not render the egg inedible.(3-15-22)

07.Clearly Visible Germ Development (B Quality). A development of the germ spot on the yolk of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.(3-15-22)

08.Blood Due to Germ Development. Blood caused by development of the germ in a fertile egg to the point where it is visible as definite lines or as a blood ring. Such an egg is classified as inedible.(3-15-22)

IDAPA 02.02.11.201 (Reserved)

IDAPA 02.02.11.250 General Terms

01.Loss.

An egg that is inedible, cooked, frozen, contaminated, or containing bloody whites, large blood spots, large unsightly meat spots, or other foreign material.(3-15-22)

02.Inedible Eggs. Eggs of the following description are classed as inedible: black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring state), and any eggs that are adulterated as such term is defined pursuant to the Federal Food, Drug and Cosmetic Act.(3-15-22)

03.Leaker. An individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell.(3-15-22)

IDAPA 02.02.11.251 (Reserved)

IDAPA 02.02.11.300 Consumer Grades for Shell Eggs - General

01.Applicability.

The consumer grade designations established by this act are applicable to edible shell eggs in “lot” quantities rather than on an “individual” egg basis. these standards to the term “case” means thirty (30) dozen egg cases as used in commercial practices in the United States.(3-15-22)

02.Substitution. Substitution of higher qualities for the lower qualities specified is permitted.

03.No Grade. “No Grade” means eggs of possible edible quality that fail to meet the requirements of an Idaho Consumer Grade or that have been contaminated by smoke, chemicals or other foreign material that has seriously affected the character, appearance or flavor of the eggs.(3-15-22)

IDAPA 02.02.11.301 (Reserved)

IDAPA 02.02.11.350 Grade Standards - Tolerances

01.Grade AA (At Origin). Idaho Cons umer Grade AA (at origin) consists of eggs that are at least eighty-seven percent (87%) AA quality. The maximum tolerance of thirteen percent (13%) that may be below AA quality may consist of A or B quality in any combination, except that within the tolerance of B quality not more than one percent (1%) may be B quality due to air cells over three-eighths (3/8) inch, blood spots (aggregating not more than one-eighth (1/8) inch in diameter), or serious yolk defects. Not more than five percent (5%) (seven percent (7%) for Jumbo size) Checks are permitted and not more than five-tenths of one percent (0.5%) Leakers, Dirties or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed three-tenths of one percent (0.3%). Other types of Loss are not permitted.(3-15-22)

02.Grade AA (At Destination). Idaho Consumer Grade AA (destination) consists of eggs that are seventy-two percent (72%) AA quality. The remaining tolerance of twenty-eight percent (28%) must consist of at least ten percent (10%) A quality, and the remainder must be B quality, except that within the tolerance for B quality not more than one percent (1%) may be B quality due to air cells over three-eighths (3/8) inch, blood spots (aggregating not more than one-eighth (1/8) inch in diameter) or serious yolk defects. Not more than seven percent (7%) (nine percent (9%) for Jumbo size) Checks are permitted and not more than one percent (1%) Leakers, Dirties, or Loss (due to meat or blood spots) in any combination except that such Loss may not exceed three tenths of one percent (0.3%). Other types of Loss are not permitted.(3-15-22)

03.Grade A (At Origin). Idaho Consumer Grade A (at origin) consists of eggs that are eighty-seven percent (87%) A quality or better. Within the maximum tolerance of thirteen percent (13%) that may be below A quality, not more than one percent (1%) may be B quality due to air cells over three-eighths (3/8) inch, blood spots (aggregating not more than one-eighth (1/8) inch in diameter) or serious yolk defects. Not more than five percent (5%) (seven percent (7%) for Jumbo size) Checks are permitted and not more than five-tenths of one percent (0.5%)

Leakers, Dirties or Loss (due to meat or blood spots) in any combination except that such Loss may not exceed threetenths of one percent (0.3%). Other types of Loss are not permitted.(3-15-22)

04.Grade A (At Destination). Idaho Consumer Grade A (at destination) consists of eggs that are eighty-two percent (82%) A quality or better. Within the maximum tolerance of eighteen percent (18%) that may be below A quality, not more than one percent (1%) may be B quality due to air cells over three-eighths (3/8) inch, blood spots (aggregating not more than one-eighth (1/8) inch in diameter) or serious yolk defects. Not more than seven percent (7%) (nine percent (9%) for Jumbo size) Checks are permitted and not more than one percent (1%) Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed three-tenths of one percent (0.3%). Other types of Loss are not permitted.(3-15-22)

05.Grade B (At Origin). Idaho Consumer Grade B (at origin) consists of eggs that are ninety percent (90%) B quality or better, not more than ten percent (10%) may be Checks and not more than five-tenths of one percent (0.5%) Leakers, Dirties or Loss (due to meat or blood spots) except that such Loss may not exceed threetenths of one percent (0.30%) in any combination. Other types of Loss are not permitted.(3-15-22)

06.Grade B (at Destination). Idaho Consumer Grade B (at destination) consists of eggs that are ninety percent (90%) B quality or better, not more than ten percent (10%) may be Checks and not more than one percent (1%) Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed three-tenths of one percent (0.3%). Other types of Loss are not permitted.(3-15-22)

IDAPA 02.02.11.351 (Reserved)

IDAPA 02.02.11.400 Additional Tolerances -- in Lots of Two or More Cases

01.Grade AA. No individual case may exceed ten percent (10%) less AA quality eggs than the minimum permitted for the lot average.(3-15-22)

02.Grade A. No individual case may exceed ten percent (10%) less A quality eggs than the minimum permitted for the lot average.(3-15-22)

03.Grade B. No individual case may exceed ten percent (10%) less B quality eggs than the minimum permitted for the lot average.(3-15-22)

04.Single Egg Exemption. For Grades AA, A, and B, no lot may be rejected or downgraded due to the quality of a single egg except for loss other than blood or meat spots.(3-15-22)

05.Lots of Two or More Cartons. In lots of two (2) or more cartons, no individual carton may contain less than eight (8) eggs of the specified quality and no individual carton may contain less than ten (10) eggs of the specified quality and the next lower quality. The remaining two (2) eggs may consist of a combination of qualities below the next lower quality (i.e., in lots of grade A, not more than two (2) eggs of the qualities in individual cartons within the sample may be B or checks).(3-15-22)

IDAPA 02.02.11.401 (Reserved)

IDAPA 02.02.11.450 Summary of Idaho Consumer Grades for Shell Eggs

01.Grades for Shell Eggs -- Table 1.

TOLERANCE PERMITTED

QUALITY REQUIREDPercentQuality IDAHO CONSUMER GRADE (origin)

Grade AA87 percent AAUp to 13 Not over 5A or B Checks Grade A 87 percent A or BetterUp to 13 Not over 5B Checks Grade B90 percent B or BetterNot over 10Checks IDAHO CONSUMER GRADE (destination)

Grade AA72 percent AAUp to 28 Not over 7A or B Checks Grade A82 percent A or BetterUp to 18 Not Over 7B Checks

a.In lots of two (2) or more cases or cartons, see Table 2 of Section 450 for tolerances for an individual case or carton within a lot.(3-15-22)

b.For Idaho Consumer Grades (at origin) a tolerance of five-tenths of one percent (0.5%) Leakers, Dirties, or Loss (due to meat or blood spots) in any combination is permitted except that such Loss may not exceed three-tenths of one percent (0.3%). Other types of Loss are not permitted.(3-15-22)

c.For Idaho Consumer Grades (destination) a tolerance of one percent (1%) Leakers, Dirties, or Loss (due to meat or blood spots) in any combination is permitted, except that such Loss may not exceed three-tenths of one percent (0.3%). Other types of Loss are not permitted.(3-15-22)

d.For Idaho Consumer Grade AA at destination, at least ten percent (10%) must be A quality or better.(3-15-22)

e.For Idaho Consumer grade AA and A at origin and destination within the tolerances permitted for B quality, not more than one percent (1%) may be B quality due to air cells over three-eighths (3/8) inch, blood spots (aggregating not more than one-eighth (1/8) inch in diameter) or serious yolk defects.(3-15-22)

f.For Idaho Consumer Grades AA and A Jumbo size eggs, the tolerance for checks at origin and destination is seven percent (7%) and nine percent (9%) respectively.(3-15-22)

02.Tolerance for Individual Case or Carton Within a Lot -- Table 2.

03.Summary of Standards for Quality of Individual Shell Eggs. The Specifications for Each Quality Factor:

Grade B90 percent B or BetterNot over 10Checks Idaho Consumer Grade Case Minimum Quality Origin Percent Destination Percent Carton Minimum Quality, No. of Eggs (Origin & Destination)

Grade AAAA (Min)77628 eggs AA A or B 13 28 2 eggs A Check (Max)10102 eggs B, or Check Grade AA (Min)77728 eggs A B13182 eggs B Check (Max)10102 eggs Check Grade BB (Min)808010 eggs B Check20202 eggs Check TOLERANCE PERMITTED QUALITY REQUIREDPercentQuality

a.Moderately stained areas permitted (one thirty-second (1/32) of surface if localized or onesixteenth (1/16) if scattered).(3-15-22)

b.Blood and meat spots are allowed if they are small (aggregating not more than one-eighth (1/8) inch in diameter).(3-15-22)

04.Quality of Dirty or Broken Shell Eggs -- Table 5. For eggs with dirty or broken shells, the standards of quality provide three additional qualities. These are:

05.Weight Classes. The weight class for Idaho Consumer Grades for shell eggs is as indicated in the following table:

Quality Factor AA QualityA QualityB Quality ShellCleanCleanClean to Slightly Stained Practically Normal Practically Normal Abnormal Air Cell 1/8” or less in Depth. Unlimited movement and free or bubbly 3/16” or less in Depth. Unlimited movement and free and bubbly Over 3/16” in Depth. Unlimited movement and free or bubbly WhiteClear FirmClear Reasonably Firm Weak and Watery. Small Blood and Meat spots present Yo l k Outline slightly defined.  Practically free from defects Outline fairly well defined.  Practically free from defects.

Outline plainly visible. Enlarged and flattened. Clearly visible germ development but no blood. Other serious defects DirtyCheckLeaker Unbroken Adhering dirt or foreign material, moderate stained areas in excess of B quality Broken or cracked shell but  membranes intact, not leaking Broken or cracked shell and  membranes and contents leaking  or free to leak Size Or Weight Class Minimum Net Weight Per Dozen Minimum Net Weight Per 30 Dozen (Pounds)

Minimum Weight For Individual Eggs At Rate Per Dozen (Ounces)

Jumbo305629 Extra Large2750.526 Large244523 Medium2139.520 Small183417 Peewee1528--

06.Lot Average Tolerance. A lot average tolerance of three and three-tenths percent (3.3%) for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds five percent (5%).(3-15-22)

IDAPA 02.02.11.451 (Reserved)

IDAPA 02.02.11.500 Egg Products and Breaking Operations

Anyone engaged in a breaking operation for the production of egg products may obtain a copy of the Federal “Regul ations Governing Voluntary Inspection of Egg Products and Grading” (7 CFR Part 55) from the United States Department of Agriculture, AMS, Poultry Division, Washington, DC 20250, Revised May 1, 1991. This is a federally mandated program. The Department of Agriculture has entered into a cooperative agreement with the United States Department of Agriculture (USDA) to provide constant monitoring of these operations. Egg product plants in Idaho are monitored with state staff implementing federal regulations as contained in (7 CFR Part 55) including but not limited to: breaking, pasteurization, packaging, labeling, storage and plant sanitation. Copies of these federal regulations are on file at the Idaho Department of Agriculture located at 2270 Old Penitentiary Road, Boise, Idaho 83712.(3-15-22)

IDAPA 02.02.11.501 (Reserved)

IDAPA 02.02.11.550 Sanitation and Storage

01.Grading Room.

Animals, pets, livestock, etc., are not allowed in the grading and packing rooms, or any areas where eggs, cases, flats, and cartons are stored.(3-15-22)

02.Wash Water. Wash water must be clean, potable and free of foreign material. Water must be changed as often as necessary so as to comply.(3-15-22)

03.Wash Water Temperature. The minimum temperature of the wash water must be ninety (90) degrees F or higher, and must be at least twenty (20) degrees F warmer than the temperature of the eggs to be washed.

These temperatures must be maintained through the cleaning cycle.(3-15-22)

04.Pre-Wetting or Soaking. Pre-wetting or soaking of stained eggs may not exceed five (5) minutes.

Water temperature must meet requirements of Subsection 550.03.(3-15-22)

05.Rest Period. During any rest period, eggs must be removed from the washing and rinsing area of the egg washer and from the scanning area whenever there is a buildup of heat.(3-15-22)

06.Washing and Rinsing Compound. Where washing and rinsing compounds are used, they must be approved by the United States Department of Agriculture or the State Department of Agriculture.(3-15-22)

07.Grading and Packing Rooms. Grading and packing rooms must be kept reasonably clean during grading and packing operations and must be thoroughly cleaned at the end of each operating day.(3-15-22)

08.Weighing and Grading Equipment. Weighing and grading equipment, whether manual or automatic, must be kept clean and be capable of ready adjustment.(3-15-22)

09.Adequate Lavatory and Toilet Accommodations Must Be Provided. Toilet and locker rooms must be maintained in a clean and sanitary condition. Hot and cold running water must be provided. Signs must be posted in the rest rooms instructing employees to wash their hands before returning to work.(3-15-22)

10.Trash. Trash accumulations must be removed from the grading room after each day of operation and removed from the premises on a regular basis.(3-15-22)

11.Thermometers. Accurate thermometers must be provided in egg coolers.(3-15-22)

12.Sanitary Conditions. Cooler rooms must be free from objectable odors and from mold, and maintained in a sanitary condition.(3-15-22)

13.Egg Handling and Transport.(3-15-22)

a.All eggs handled, stored or offered for sale by egg distributors, egg dealers and retailers must be held under refrigeration at a temperature of forty-five (45) degrees F or below.(3-15-22)

b.Eggs must be transported from one facility to another facility in clean and sanitary vehicles that are refrigerated or capable of maintaining the ambient temperature of the eggs at forty-five (45) degrees F or below.

14.Distributors or Dealers. All sales areas where eggs are offered for sale by egg distributors or dealers must be maintained in a clean and sanitary condition.(3-15-22)

15.Case and Carton Storage. Egg case and carton storage must be clean and dry, free from poultry house dust or any odorous material that could be absorbed by cases or cartons.(3-15-22)

16.Pesticides, Insecticides and Rodenticides. Pesticides, insecticides and rodenticides must be handled in accordance with the manufacturers’ instructions. Storage of these products must be away from the egg grading and packing area. These products must not be allowed to come in contact with the shell eggs being processed, stored, or with egg cases and cartons.(3-15-22)

17.Clean Clothing. Personnel handling, packing and grading eggs must wear clean clothing.

18.Cases and Packing Materials. Egg cases and packing materials must be clean, free of mold, mustiness and any odors.(3-15-22)

IDAPA 02.02.11.551 (Reserved)

IDAPA 02.02.11.600 Egg Seals, Tax and Cartons

01.Cartons. Each eg g carton must display the following:(3-15-22)

a.An official egg seal one and one-fourth (1 1/4”) inches in diameter, black in color with white printing, containing the statement: “State of Idaho, Department of Agriculture - One Dozen Graded Eggs.” These official gummed egg seals are available only through the Department and sold at the assessment rate established in this rule; or(3-15-22)

b.A legible facsimile egg seal, as defined in Subsection 600.02 of these rules. (In lieu of the official or facsimile egg seal application for exemption from use of seals may be made to the Director under the provisions of Subsection 600.07 of these rules.)(3-15-22)

c.Grade of the eggs contained in the carton.(3-15-22)

d.Size of the eggs contained in the carton.(3-15-22)

e.The name and address of the distributor, together with any desired business or corporation name.

(e.g. John Doe, Boise, Idaho; or Produced for, Packed for, Distributed for X-Y-Z Stores, by John Doe, Boise, Idaho.)

f.The statement “Keep Refrigerated” or with a statement of similar meaning.(3-15-22)

g.The items set forth in Subsections 600.01.a. or 600.01.b., and 600.01.c. and 600.01.d. must be contained on the top panel; items set forth in Subsections 600.01.e. and 600.01.f. may be contained anywhere on the lid portion of each egg carton to be used by any dealer or distributor. The items must be clearly and legibly displayed in contrast to the color of the carton and surrounding colors so that they can be easily distinguished and read. Other coloring or printing that may appear on the top panel of each egg carton must not dominate the above listed items. No printed matter or design must separate or interfere with the clear legibility of the necessary items.(3-15-22)

02.Facsimile Idaho Egg Seal. The Idaho facsimile egg seal must be one and one-fourth (1 1/4”) inches in diameter, contain the wording “State of Idaho Department of Agriculture - One Dozen Graded Eggs.” If there is to be any deviation in wording or size, written permission must be obtained from the Director prior to use of any such deviating seal. The color does not have to be black. The color of the facsimile Idaho Egg Seal must be in contrast to the color of the egg carton so that it can be easily distinguishable and read in either a good or a poor light and must not be smeared or smothered out or predominated over by other printing or coloring that may appear on the top panel of the carton.(3-15-22)

03.Distributor. Distributor means the person whose name and address appear on the lid portion of the carton assuming responsibility for the size and grade of such eggs as any carton may be so labeled.(3-15-22)

04.Top Panel. That portion of the egg carton that is the horizontal plane forming the top of the lid of the carton.(3-15-22)

05.Proofs. Proofs of all cartons desired to be used may be submitted to the Director for approval prior to their use.(3-15-22)

06.Imprinting. Procedure for the imprinting of the facsimile Idaho Egg Seal on cartons of eggs:

a.Instructions for Dealer or Distributor:(3-15-22)

i.A person grading, candling or packing eggs for retail in Idaho must request authorization from the State Department of Agriculture prior to the printing of the facsimile Idaho Egg Seal on the egg cartons.(3-15-22)

ii.The request must be accompanied by payment of four (4) mills per facsimile Idaho Egg Seal along with the name and address of the printer or supplier.(3-15-22)

iii.It is unlawful to cause to be printed or to receive cartons printed with the facsimile Idaho Egg Seal other than as requested and paid for by the authorization request and/or allowed under the authorization permit.

Section 37-1526, Idaho Code, provides a penalty for such act.(3-15-22)

iv.There will be no refund of tax if the printer or supplier delivers short of the amount of the authorizing permit.(3-15-22)

b.Instructions for Printer or Supplier:(3-15-22)

i.The printer or supplier must be registered with the Department of Agriculture.(3-15-22)

ii.To register, the printer or supplier must post a one thousand dollar ($1,000) surety bond to the effect that only that amount of facsimile Idaho Egg Seals will be delivered for which the authorization permit has been granted. If overage is printed, then an additional authorization permit for the overage must be secured and the tax paid before the overage can be delivered.(3-15-22)

iii.A copy of the printer’s or supplier’s delivery invoice must be submitted to the Department of Agriculture immediately upon completion and delivery of the order.(3-15-22)

iv.It is unlawful for a printer or supplier to reproduce a facsimile Idaho Egg Seal without authorization of the Department of Agriculture. Section 37-1526, Idaho Code, provides a penalty for such act.(3-15-22)

07.Assessments in Lieu of Egg Seals . Applications for exemption of egg seals must be made to the Director of Agriculture. This application will require the following information and facts. Upon application and approval by the Director, the assessment at the rate of four (4) mills or four-tenths (4/10) of a cent per dozen must be paid on a monthly basis in lieu of egg seals. Such assessment is applicable to all eggs entering intrastate commerce.

a.Application must be made by person or firm that is billing or invoicing eggs sold within Idaho.

b.Applicant must hold a current shell egg distributor license.(3-15-22)

c.Applicant must show a sound and accurate accounting procedure from which to prepare monthly reports. Accounting procedure subject to approval by the Director.(3-15-22)

d.Reports must be made on a monthly basis on or before the twenty-fifth (25th) day following the month such eggs enter intrastate commerce.(3-15-22)

e.Applicant who pays assessments in lieu of egg seals are subject to audit by the Director or person appointed by him on an annual basis or more frequently, if in the opinion of the Director, such audit is necessary.

08.Divided Cartons Design. Egg cartons designed to permit the division of such carton by the retail customer into two (2) portions of one-half (1/2) dozen eggs are permissible if the carton, when undivided, conforms to law and these rules.(3-15-22)

09.Reporting Form. A reporting form will be made available to each dealer or distributor that must be completed by them accounting for all eggs entering intrastate commerce and mailed to the Department of Agriculture by the twenty-fifth (25th) day following the month such eggs entered intrastate commerce.(3-15-22)

a.The reporting form must be signed by the owner, manager or authorized person of the business or corporation. stating the report is correct and accurate.(3-15-22)

b.A check or money order covering the quantity of eggs sold in Idaho, reported at the rate of four (4) mills per dozen must accompany the report.(3-15-22)

c.All records and invoices must be maintained for two (2) years and made available to authorized representatives of the Director for the purpose of auditing and to determine the correctness of monthly report forms as set forth in Section 37-1525, Idaho Code.(3-15-22)

IDAPA 02.02.11.601 (Reserved)

02.04.24 Rules Governing Tuberculosis

IDAPA 02.04.24.000 Legal Authority

Sections 25 -203 and 25-305, Idaho Code.(7-1-26)

IDAPA 02.04.24.001 Scope

These rules govern procedures for the prevention, surveillance, control, management, and eradication of tuberculosis in the state of Idaho.(7-1-26)

IDAPA 02.04.24.002 (Reserved)

IDAPA 02.04.24.004 Incorporation by Reference

01.The J anuary 1, 2005, Edition of “Bovine Tuberculosis Eradication Uniform Methods and Rules.”(3-31-22)

02.The Code of Federal Regulations, Title 9, Parts 71, 77, and 161, January 1, 2025. This document can be viewed online at https://www.ecfr.gov/current/title-9/chapter-I/subchapter-C.(7-1-26)

IDAPA 02.04.24.005 (Reserved)

IDAPA 02.04.24.010 Definitions

In addition to the definitions found in Section 25-239, Idaho Code, these terms apply in the interpretation and enforcement of this Rule:(3-31-22)

01.Approved Laboratory. A state or federal veterinary diagnostic laboratory. The primary laboratory for tuberculosis histopathology and bacteriology culture will be the National Veterinary Services Laboratories, Ames, Iowa.(3-31-22)

02.Bovine Tuberculosis. A disease caused by Mycobacterium bovis.(3-31-22)

03.Cattle. All domestic bovidae, including domestic bison, owned by a person.(7-1-26)

04.Domestic Cervidae. Elk, fallow deer, and reindeer owned by a person.(3-31-22)

05.Eradication. The complete elimination of bovine tuberculosis from cattle, domestic cervidae, bison and goats in a state so that the disease does not appear unless introduced from another species or from outside the state.(3-31-22)

06.Free Area. The counties, areas, or districts not quarantined by the Division of Animal Industries for tuberculosis.(3-31-22)

07.Public Stockyards. Premises where trading in cattle, bison, goats, and domestic cervidae is carried on, where yarding, feeding and watering places are provided by the stockyards or transportation companies, or where cattle, bison, goats, and domestic cervidae associations or similar companies maintain corrals for feeding, shearing, dipping and separating animals.(3-31-22)

IDAPA 02.04.24.011 (Reserved)

IDAPA 02.04.24.020 Applicability

These rules apply to all cattle, bison, domestic cervidae, and goats located within, imported into, or exported from the state of Idaho, and other tuberculosis-susceptible animals.(3-31-22)

IDAPA 02.04.24.021 Supervision

The official tuberculosis eradication program will be superv ised by full-time state or federal veterinarians. (3-31-22)

IDAPA 02.04.24.022 Inspections

In order to ascertain compliance with this chapter, state and federal animal health officials are authorized to inspect animals, records, premises and other areas where cattle, bison, goats, domestic cervidae and other animals are held or kept.(3-31-22)

01.Entering and Inspection Premises. State or federal animal health officials are authorized to enter premises, other areas, or conveyances in the state where cattle, bison, goats, domestic cervidae or other tuberculosis susceptible animals are held or kept and will attempt to notify the owner or operator of the premises or conveyance prior to conducting a facility or records inspection. In an emergency, as determined by the Idaho State Department of Agriculture (ISDA) Administrator of the Division of Animal Industries (Administrator), prior notification will not be required.(7-1-26)

02.Maintain Biosecurity. State and federal animal health officials shall comply with the biosecurity protocol of the operation so long as the protocol does not inhibit reasonable access to inspect the facility or its records.(7-1-26)

IDAPA 02.04.24.023 Tuberculosis Tests

Official tests for tuberculosis will be conducted only by persons authorized by the Administrator, and United States Department of Agriculture (USDA)/Animal and Plant Health Inspection Service (APHIS)/Veterinary Services (VS).

(7-1-26)

01.Authorized Person. The Administrator may authorize state or federal animal health officials, or accredited veterinarians to perform official tuberculin tests.(3-31-22)

02.Tuberculin Test Interpretation. The injection site on each animal shall be palpated by the authorized person that administered the tuberculin injection. The Administrator may grant variances from Subsection 023.02 on a case by case basis.(3-31-22)

IDAPA 02.04.24.024 Reporting

01.Test Results. Result s of all official tuberculin tests shall be submitted on an electronic form, approved by the Administrator, within seven (7) days of initiation of the test.(7-1-26)

IDAPA 02.04.24.025 (Reserved)

IDAPA 02.04.24.028 Tuberculosis Testing

The Administrator may require tuberculosis testing of cattle, bison, goats, domestic cervidae, or other animals.

(3-31-22)

01.Duty to Restrain. It is the duty of each person who owns cattle, bison, goats, domestic cervidae, or other animals to pen the animals in suitable pens and restrain them for the test when directed to do so in writing by the Administrator.(3-31-22)

02.Records of Tests. When any cattle, bison, goats, domestic cervidae, or other animals are tested for tuberculosis a complete test record shall be made and the record shown on an official electronic tuberculosis test form provided by the Administrator.(7-1-26)

IDAPA 02.04.24.029 (Reserved)

IDAPA 02.04.24.030 Tuberculosis Indemnity

Owners of animals that are condemned and depopulated because of tuberculosis shall be indemnified for such animals, based upon appraised value, less federal indemnity and salvage value, and for reasonable actual costs of disposal and cleaning and disinfection in accordance with the provisions of this chapter, except as provided in Section

IDAPA 02.04.24.031 (3-31-22)

01.Time Limit for Slaughter. Payment of indemnity is made under Section 030 for animals destroyed because of tuberculosis, only if the animals are shipped to slaughter or die otherwise within fifteen (15) days after the date of individual identification and tagging. The Administrator may extend the period for thirty (30) days. (3-31-22)

02.Reactors That Die. Indemnity may be paid on tuberculosis reactors that die before being sent to slaughter provided the reactors have been appraised and identified and die within fifteen (15) days from date of appraisal and written verification of the official ID of the dead carcass is provided by a state or federal animal health official.(7-1-26)

IDAPA 02.04.24.031 Tuberculosis Indemnity -- Claims Not Allowed

Claims for compensation for animals destroye d because of tuberculosis are not allowed if any of the following circumstances exist:(3-31-22)

01.Failure to Comply. The owner has failed to comply with any of these rules.(3-31-22)

02.Illegal Imports. The animals were illegally imported into the state.(3-31-22)

03.Animals Sold for Slaughter. At the time of the test or condemnation, the animals belonged to or were upon the premises of any person to whom the animals had been sold, shipped, or delivered for slaughter.

(3-31-22)

04.Unapproved Test. The animals were subject to a test not approved by the Administrator. (3-31-22)

05.Untested Animals. All animals in the owner’s herd have not been tested for tuberculosis under state or federal supervision.(3-31-22)

06.Premises Not Cleaned. The premises occupied by the tuberculosis infected animals were not cleaned and disinfected as directed, under state or federal supervision.(3-31-22)

07.Attempt to Improperly Obtain Funds. There is substantial evidence that the owner or his agent has in any way been responsible for any attempt unlawfully or improperly to obtain indemnity funds for such animals.(3-31-22)

08.Unidentified Cattle and Bison. Cattle or bison destroyed because of tuberculosis, unless they were marked for identification by branding the letter “T” on the left hip near the tailhead, not less than two (2) inches high, and unless a metal tag bearing a serial number and inscription “US REACTOR” or similar US Reactor tag, was suitably attached to the left ear of each animal.(3-31-22)

09.Calves. If the entire herd is not depopulated and the cattle or bison were calves under one hundred eighty (180) days of age.(3-31-22)

IDAPA 02.04.24.032 (Reserved)

IDAPA 02.04.24.100 Official Identification

All cattle, bison, domestic cervidae, and goats tested for tuberculosis shall be individually identified by official individual identification as provided in the Uniform Methods and Rules (UMR) for bovine tuberculosis, at the time of injection.(7-1-26)

IDAPA 02.04.24.101 (Reserved)

IDAPA 02.04.24.120 Classification and Disposition of Cattle, Bison, and Domestic Cervidae

Classification and disposition of cattle, bison, and domestic cervidae that are tested for tuberculosis and respond to the tuberculin test shall be pursuant to the UMR for bovine tuberculosis.(7-1-26)

IDAPA 02.04.24.121 (Reserved)

IDAPA 02.04.24.200 Procedures for Infected Herds and Feedlots

Disclosure of tuberculosis in any herd or feedlot shall be followed by a complete epidemiological investigation and testing as provided in the UMR for bovine tuberculosis.(7-1-26)

IDAPA 02.04.24.201 (Reserved)

IDAPA 02.04.24.300 Retesting of High-Risk Herds

Retesting schedules for high-risk herds of cattle and bison are determined pursuant to the UMR for bovine tuberculosis.(3-31-22)

IDAPA 02.04.24.301 (Reserved)

IDAPA 02.04.24.401 Idaho Approved Feedlot

Cattle and domestic bison of unknown Tuberculosis test stat us may be fed for slaughter only in an Approved Feedlot, with no provisions for pasturing, grazing, or removal from the feedlot other than to slaughter. Requirements to obtain status as and operate an Idaho Approved Feedlot are pursuant to IDAPA 02.04.20.200.(7-1-26)

IDAPA 02.04.24.402 (Reserved)

IDAPA 02.04.24.500 Movement of Infected and Exposed Cattle, Domestic Cervidae, or Bison

All movement of infected or exposed cattle, dome stic cervidae, or bison is on a restricted movement permit in accordance with the UMR for bovine tuberculosis.(3-31-22)

IDAPA 02.04.24.501 (Reserved)

02.06.01 Rules Governing the Production and Distribution of Seed

IDAPA 02.06.01.000 Legal Authority

Sections 22 -108(2), 22-418(4), 22-418(11), 22-2004 and 22-2006, Idaho Code.(7-1-26)

IDAPA 02.06.01.001 Scope

These rules govern procedures for sale or distribution of seed i n Idaho, including rapeseed and bluegrass. These rules will also establish seed service testing fees for purity, germination, tetrazolium and special tests.(7-1-26)

IDAPA 02.06.01.002 (Reserved)

SUBCHAPTER A – PURE SEED

IDAPA 02.06.01.110 Definitions

In addition to the definitions set forth in Section 22 -414, Idaho Code, the definition in Section 110 apply to the interpretation and enforcement of Subchapter A only:(3-15-22)

01.Condition. Drying, cleaning, scarifying and other operations that could change the purity or germination of the seed and require the seed lot to be retested to determine the label information.(7-1-26)

IDAPA 02.06.01.111 (Reserved)

IDAPA 02.06.01.120 Germination Standards for Vegetable Seeds

Standard testing procedures for kinds of vegetable seeds have been pres cribed by the AOSA or AASCO and that are required by the labeling provisions of Section 22-415, Idaho Code.(7-1-26)

IDAPA 02.06.01.121 (Reserved)

IDAPA 02.06.01.130 Germination Standards for Flower Seeds

Standard testing procedures for kinds of flower seeds have been prescribed by the AOSA or AASCO and that are required by the labeling provisions of Section 22-415, Idaho Code.(7-1-26)

01.Below Standard. A mixture of kinds of flower seeds will be considered to be below standard if the germination of any kind or combination of kinds constituting twenty-five percent (25%) or more of the mixture by number is below standard for the kind or kinds involved.(3-15-22)

IDAPA 02.06.01.131 (Reserved)

IDAPA 02.06.01.140 Germination Standards for Seed in Hermetically Sealed Containers

The period of validity of germination tests is extended to the following period for seed packaged in hermetically sealed containers under conditions and label requirements set forth in Subchapter A.(3-15-22)

01.Germination Tests. The germination test for agricultural and vegetable seed shall have been completed within the following period, exclusive of the calendar month in which the test was completed, immediately prior to shipment, delivery, transportation or sales:(3-15-22)

a.In the case of agricultural or vegetable seeds shipped, delivered, transported or sold to a dealer for resale, eighteen (18) months;(3-15-22)

b.In the case of agricultural or vegetable seeds for sale or sold at retail, thirty-six (36) months.

02.Conditions of Packaging. Standard testing procedures for Hermetically-sealed seed have been prescribed by the AOSA or AASCO and that are required by the labeling provisions of Section 22-415, Idaho Code.

IDAPA 02.06.01.141 (Reserved)

IDAPA 02.06.01.150 Noxious Weeds

All States Noxious Weed Seed Testi ng includes noxious weeds listed in IDAPA 02.06.09. Species in the below tables refer to additional prohibited and restricted weeds for seed commodities.(7-1-26)

01.Prohibited Weed Seeds -- Seed Commodities.

02.Restricted Weed Seeds -- Seed Commodities

03.Restricted Weed Seeds Tolerances.(7-1-26)

a.Seven (7) seeds in fifty (50) grams of Agrotis species, Poa species, Rhodes grass, Bermudagrass, timothy, celery, and other agricultural or vegetable seeds of similar size and weight, within this group.(3-15-22)

b.Seven (7) seeds in each fifty (50) grams of Dallisgrass, ryegrass, fescue species, foxtail millets, alfalfa, red clover, sweetclover, lespedeza, bromegrass, Brassica species, carrot, onion, and other agricultural or vegetable seeds of similar size and weight or mixtures within this group, or mixtures of this group with those in group A.(3-15-22)

Common NameScientific Name 1.Buffalobur1.Solanum rostratum Dun. 2.Bursage, Skeleton leaf2.Ambrosia tomentosa Nutt. 3.Camelthorn3.Alhagi camelorum Fisch. 4.Carrot, Wild4.Daucus carota L. 5.Fieldcress, Austrian5.Rorippa austriaca (Crantz) Bess. 6.Goatgrass6.Aegilops cylindrica Host 7.Groundcherry, Smooth7.Physalis subglabrata Mackenz. & Bush 8.Nightshade, Silverleaf8.Solanum elaeagnifolium Cav. 9.Quackgrass9.Elytrigia repens; Agropyron repens (L.) Beauv.

10.St. Johnswort, Common10.Hypericum perforatum L.

11.Swainsonpea11.

Sphaerophys salsula (Pall.) DC;

Swainsona salsula (Pallas) Taubert Common NameScientific Name 1.Dodder1.Cuscuta spp. 2.Halogeton2.

Halogeton glomeratus (Stephen ex Bieb.)

C.A. Mey 3.Lettuce, Blue3.Lactuca pulchella (Pursch) DC. 4.Oats, Wild4.Avena fatua L. 5.Plantain, Buckhorn5.Plantago lanceolata L. 6.Ragweed, Western and Perennial6.Ambrosia psilostachya DC., (T. & G.) Farw. 7.Rye, Medusahead7.

Taeniatherum caput-medusae (L.) Nevski;

Elymus caput-medusae (L.) 8.Sumpweed, Poverty8.Iva axillaris Pursh

c.Seven (7) seeds in fifty (50) grams of alsike clover, white clover, and other agricultural or vegetable seeds of similar size and weight or mixtures within this group, with those in group A or group B.(3-15-22)

d.Eight (8) seeds in one hundred fifty (150) grams of Proso millet, Sudangrass, and seeds of similar size and weight, or mixtures of seed within this group.(3-15-22)

e.Forty-five (45) seeds in each pound for all wheatgrass species.(3-15-22)

f.Four (4) seeds in each five hundred (500) grams of wheat, oats, rye, barley, buckwheat, sorghums, vetches, field peas, and other seeds of a size and weight similar to or greater than those within this group, or any mixtures within this group.(3-15-22)

g.Containing more than one percent (1%) by weight of weed seeds including restricted noxious weed seeds referred to in Section 22-414(18)(b), Idaho Code, provided, that three percent (3%) of cheat, chess, or downy brome will be allowed in grass seed in which these weeds are found.(3-15-22)

IDAPA 02.06.01.151 (Reserved)

IDAPA 02.06.01.160 Label Requirements of Seeds for Sprouting

The following information shall be indicated on all labels of seeds sold for sprouting in health food stores or other out lets:(3-15-22)

01.Name. Commonly accepted name of kind.(3-15-22)

02.Lot. Lot number.(3-15-22)

03.Percentage. Percentage by weight of the pure seed, crop seeds, inert matter, and weed seeds if required.(3-15-22)

04.Germination Percentage. Percentage of germination.(3-15-22)

05.Date. The calendar month and year the test was completed to determine such percentage. (3-15-22)

IDAPA 02.06.01.161 (Reserved)

IDAPA 02.06.01.170 Viability by Tz%

A TZ (tetrazolium) test may be used in lieu of germination fo r the following species with the label reading “viability by TZ%”: Bitterbrush; Saltbush; Sagebrush; Indian Ricegrass; and Winterfat. (3-15-22)

IDAPA 02.06.01.171 (Reserved)

IDAPA 02.06.01.180 Methods of Testing

All methods used in testing and analyzing seed subject to Subchapter A and the tolerances used in the enforcement of Subchapter A shall conform as nearly as practicable to the current “Rules for Testing Seed” adopted by the AOSA on file at the Idaho Department of Agriculture, State Seed Lab located at 2240 Kellogg Lane, Boise, Idaho 83712.

IDAPA 02.06.01.181 (Reserved)

IDAPA 02.06.01.190 Service Testing Fees -- Purity, Germination and Tetrazolium Fees

Purity, Germination, and Tetrazolium Fees Kind of Seeds Purity* Tetrazolium** AGRICULTURAL GRASS SEED Bluegrasses$68$38$60 Bromegrasses$57$36$60 Fescues$53$33$60 Orchardgrass$57$38$60 Ryegrasses $57$35***$60 Timothy$42$35$60 FIELD SEED Alfalfa, clovers and trefoils$30$26$60 Cereals (Barley, Oats, Rice, Rye, Triticale and Wheat$38$26$60 Beans$32$28$60 Corn (all types)$30$26$60 Peas, and Lentils$27$26$60 VEGETABLES, FLOWERS AND HERB SEED Brassica (Canola, Cauliflower, Broccoli, Radish, etc.)$60$26$76 Beets and Swiss chard$44$48$60 Carrots, celery, dill and parsley$41$30$60 Cucurbits (Squash, melons, etc.)$38$30$60 Flowers (Bachelors button, poppy, etc.)$60$38$76 Lettuce, tomato, and pepper$38$30$60 Onion and Chives$38$30$60 TREE AND SHRUB SEED Bitterbrush$60$45$76 Saltbush$91$45$76 Chokecherry and Woods’ rose$38$91$91 Serviceberry, cliff-rose and mahogany$45$45$60 * Samples with high levels of impurities (i.e. other crops, weeds, multiple florets, inert materials) requiring more than one (1) hour analyst time for purity testing will be charged the standard hourly rate of forty dollars ($40) for each additional hour. ** For all samples submitted for a TZ or Germination test requiring more than one (1) hour for cleaning and/or preparing will be charged at the standard hourly rate of forty dollars ($40) for each additional hour. *** With germination fluorescence testing thirty dollars ($30).(7-1-24)

IDAPA 02.06.01.191 Service Testing Fees -- Special Tests

Trees (Firs, pines, spruces, etc.)$38$45$60 RANGE AND NATIVE SEED Bluestems and gramasHourly Rate$45$76 Globemallow and penstemons$60$45$76 Kochia and forage Kochia$45$45$60 Rushes and SedgesHourly Rate$45$76 Sagebrush and RabbitbrushHourly Rate$45$60 Wheatgrasses, wildryes, and squirreltail$60$38$60 WinterfatHourly Rate$45Hourly Rate Special Testing Fees Test Procedures:

Fees All States Noxious$38 Canada: $20 - Added to purity fee $4.00 - Added to germination fee Certified Grains$13 - Added to purity fee Cold Test$35 Crop & Weed Check$37 Dormancy Percentage $11 - Minimum or Dormant%  found x germination fee E.C. Norms$30 Purity, Germination, and Tetrazolium Fees Kind of Seeds Purity* Tetrazolium** (7-1-24)

IDAPA 02.06.01.192 Service Testing Fees -- Miscellaneous Fees

Noxious Weed Germination (Compost/Mulch, etc.) $27 Noxious Weed Purity (Hay, Straw, etc.) $Hourly Rate Identification$8 - Minimum or hourly if necessary Inventory Germinations  (For Carryover Seed Only, when requested) 20% discount of listed germination fee; Available only for the months of March through July.

ISTA: $20 - Added to purity fee $4 - Added to germination fee Mixtures:

Tetrazolium $19 - Added per kind exceeding 5% $19 - Added per kind exceeding 5% $27 - Added per kind exceeding 5% Moisture Test$21 Round-Up-Ready Trait Test  (Alfalfa, Canola, Corn) $60 Sand Germination$38 Seed Count$20 Soil Exam$20.00 Sod Quality:

Bentgrass Bermudagrass Bluegrass $100 $97 $97 Soil Germination$35 Species Exam$37 Undesirable Grass Species$39 Miscellaneous Fees Type of Service:Fees $/Unit Administrative Charge per Test for Internet Access and Data Processing.

Not to exceed $2 per test Hourly Charge $60 Special Testing Fees Test Procedures:

Fees (7-1-24)

IDAPA 02.06.01.193 (Reserved)

IDAPA 02.06.01.194 Seed Dealer’s License Fees

Seed dealers shall obtain a seed dealer’s license for each location in Idaho before they can sell, offer for sale, expose for sale or deliver agricultural seeds in packages of eight (8) ounces or more or bulk under contract within the state of Idaho. Seed dealers pay only for the service or services they render according to the following fee schedule:

01.In-State Seed Dealer’s License Fees:(3-15-22)

a.License to condition or clean agricultural seeds in Idaho - one-hundred dollars ($100).(3-15-22)

b.License to label container or bulk agricultural seeds for sale in Idaho - fifty dollars ($50). (3-15-22)

c.License to sell, offer for sale, expose for sale, or deliver agricultural seeds in packages of eight (8) ounces or more or in bulk under a contract in Idaho:(3-15-22)

i.For annual gross sales of five hundred dollars ($500) or more, but less than one thousand dollars ($1,000) - fifty dollars ($50).(3-15-22)

ii.For annual gross sales of one thousand dollars ($1,000) or more - one hundred dollars ($100).

02.Out-of-State Seed Dealer’s License Fee. Three hundred fifty dollars ($350).(3-15-22)

03.Exemptions.(3-15-22)

a.Any person selling seed who has total annual gross seed sales not exceeding five hundred dollars ($500) is exempt from Section 194.(3-15-22)

b.An in-state dealer or out-of-state dealer who sells, offers for sale, exposes for sale or delivers seed only in packages of less than eight (8) ounces is exempt from Section 194.(3-15-22)

IDAPA 02.06.01.195 (Reserved)

Merge Records$4 Rush Service$75 Super Rush Service (priority processing over Rush) $150 Miscellaneous Fees Type of Service:Fees $/Unit

02.06.09 Rules Governing Invasive Species and Noxious Weeds

IDAPA 02.06.09.000 Legal Authority

This chapter is adopted under the legal authority of Sectio ns, 22-1907, 22-2004, 22-2006, 22-2403, and 22-2412, Idaho Code.(3-15-22)

IDAPA 02.06.09.001 Scope

This rule governs the designation of invasive species, insp ection, permitting, decontamination, recordkeeping and enforcement and apply to the possession, importation, shipping, transportation, eradication, and control of invasive species. This rule identifies those noxious weeds that have been officially designated by the Director as Noxious Weeds in the state of Idaho, designates articles capable of disseminating noxious weeds, requires treatment of articles to prevent dissemination of noxious weeds and provides authority to designate cooperative weed management areas for management of noxious weeds. Also, this rule governs the inspection, certification, and marking of noxious weed free forage and straw to allow for the transportation and use of forage and straw in Idaho and states where regulations and restrictions are placed on such commodities.(3-15-22)

IDAPA 02.06.09.002 (Reserved)

SUBCHAPTER A – INVASIVE SPECIES

IDAPA 02.06.09.110 Definitions

In addition to the definitions found in Section 22-1904 and 22-2005, Idaho Code, the following definitions apply in the in terpretation and enforcement of Subchapter A only:(3-15-22)

01.Acts. Title 22, Chapter 19, Idaho Code, the “Idaho Invasive Species Act of 2008.”(3-15-22)

02.Aquatic Invertebrate Invasive Species. Those species listed in Section 140.(3-15-22)

03.Control. The abatement, suppression, or containment of an invasive species or pest population.

04.Dreissenia Infested Waterbody. Body of water designated by the United States Geological Survey, http://nas.er.usgs.gov/taxgroup/mollusks/zebramussel/, or the Director as having a population of any life stage of Dreissenia mussels.(3-15-22)

05.Early Detection/Rapid Response. Finding invasive species during the initial stages of colonization and then responding within ten (10) days.(3-15-22)

06.Energy Crop Invasive Species. Non-native plant grown to harvest for use in making biofuels, such as bioethanol, or combusted for its energy content to generate electricity or heat. Energy Crop Invasive Species are non-native plants that are cultivated for the purpose of producing (non-food) energy.(3-15-22)

07.Equipment. An article, tool, implement, or device capable of carrying or containing:(3-15-22)

a.Wa t e r; o r(3-15-22)

b.An invasive species.(3-15-22)

08.Facility. Any place, site or location or part thereof where a species listed as invasive pursuant to Subchapter A are found, handled, housed, held, planted, or otherwise maintained for purposes governed by a possession, production, or transport permit issued pursuant to Subchapter A and includes, but is not limited to all fields, plats, buildings, lots, structures, and other appurtenances and improvements on the land.(3-15-22)

09.Possession. The act of cultivating, importing, exporting, shipping or transporting a listed invasive species in Idaho. Possession does not include the act of having, releasing or transporting a listed invasive species through circumstances beyond individual control, including but not limited to infestations in a water supply system, infestations resulting from natural spread of the species or some other acts of nature.(3-15-22)

10.Trap Crop Invasive Species. Non-native plant species planted for purposes of controlling or eradicating a Plant Pest, as defined in the Idaho Plant Pest Act of 2002.(3-15-22)

11.Water Body. Natural or impounded surface water, including a stream, river, spring, lake, reservoir, pond, wetland, tank and fountain.(3-15-22)

12.Water Supply System. A system used to treat, store, convey, or distribute water for irrigation, industrial, waste water treatment, residential, or culinary use. A Water Supply System includes a pump, canal, ditch, regulating impoundment, in-canal forebay, pipeline, or associated wetland and water quality improvement project, but does not include a Water Body as defined in Subsection 110.11.(3-15-22)

IDAPA 02.06.09.111 Abbreviations

01.AIIS.

Aquatic Invertebrate Invasive Species.(3-15-22)

02.EDRR. Early Detection/Rapid Response.(3-15-22)

IDAPA 02.06.09.112 (Reserved)

IDAPA 02.06.09.120 Prohibition on Possession, Importation, Shipping or Transportation of

INVASIVE SPECIES.

No person may possess, cultivate, import, ship, or transport any invasive species, including but not limited to an Ener gy Crop Invasive Species or Trap Crop Invasive Species, into or through the state of Idaho following the effective date of Subchapter A, unless the person possessing, importing, shipping or transporting has obtained a permit under Section 122, or unless otherwise exempt by Subchapter A, as set forth in Section 123. Prohibited acts include but are not limited to:(3-15-22)

01.Possession or Transportation. Possessing, cultivating, importing, exporting, shipping, or transporting an invasive species into or through the state of Idaho.(3-15-22)

02.Releasing. Releasing, placing, planting, or causing to be released, an invasive species in a water body, facility, water supply system, field, garden, planted area, ecosystem, or otherwise into the environment within the state of Idaho.(3-15-22)

03.Transporting From an Infested Environment. Transporting a conveyance or equipment into or through the state of Idaho that has been in an infested environment without obtaining a Department-approved decontamination of the conveyance or equipment.(3-15-22)

04.Transporting an Infested Article. Transporting, importing or shipping any plant, animal, mode of transportation, conveyance, or article that is infested with an invasive species into or through the state of Idaho without obtaining a Department-approved decontamination of the object.(3-15-22)

IDAPA 02.06.09.121 Introduction of New Species to the State

Following the effective date of Subchapter A, no person may introduce or import a species not previously present in Idaho without first receiving a determination from the Department that the species is not an invasive species.

IDAPA 02.06.09.122 Possession Permits

Possession of invasive species is authorized only if the person possessing the species obtains a possession permit.

01.Application for Possession Permits. Persons seeking a possession permit must make application on a form prescribed by the Director. A separate application must be submitted for each facility where invasive species will be possessed.(3-15-22)

02.Application Process. The Director will consider all information in the application and issue a written decision granting or denying the application. In reviewing the application, the Director will consider factors

a.Proximity of the facility to agricultural operations, and environmentally sensitive lands and waters.

b.Potential for access to the facility by unauthorized persons.(3-15-22)

c.Potential for vandalism, adverse weather, or other events that compromise the security of the facility.(3-15-22)

d.Potential for the invasive species to escape or be released from the facility.(3-15-22)

e.Whether, based on the applicant’s certification and any other evidence received by the Director in connection with the application or proposed facility, all federal, state, county and city laws applicable to the facility have been met.(3-15-22)

f.Whether the applicant has adequate knowledge, experience and training to ensure that the invasive species will not harm agriculture, the natural resources and environment of the state of Idaho. Such experience may be documented by a log book, employment records, education records or other means by which experience may be authenticated.(3-15-22)

g.Whether the facility is or will be adequately designed, constructed, and managed to protect agriculture, the natural resources and environment of the state of Idaho from escape of the invasive species.

h.Prior to issuing a possession permit, the Director or his designee may perform an inspection of the facility to determine if its design, construction and proposed operation is consistent with the applicable provisions of Idaho law.(3-15-22)

03.Grant or Denial of the Permit. Following review of the application and any other relevant information, the Director will either issue the possession permit or deny the application and notify the applicant. If the Director issues the permit, he may include any necessary conditions to prevent release or escape of the invasive species, and to prevent harm to Idaho’s agriculture, natural resources, and the environment.(3-15-22)

04.Duration of Possession Permit. A possession permit is valid until the permitted person no longer possesses the invasive species, or until the invasive species leaves the state.(3-15-22)

05.Permit Revocation. Permits issued pursuant to Subchapter A may be revoked at any time if the Director or Director’s designee finds that the permit holder has violated any of the provisions of this Subchapter A, the Invasive Species Act, the Plant Pest Act, or any of the conditions included in the permit.(3-15-22)

06.Disposition of Non-Permitted Invasive Species. The Director may order non-permitted or illegally imported invasive species to be removed from the state or destroyed.(3-15-22)

07.Annual Report. All permit holders shall submit a report no later than January 1 of each calendar

IDAPA 02.06.09.123 Exempt Species

The following species were present in porti ons of the state of Idaho prior to adoption of Subchapter A of these Rules.

However, they are not present throughout the state, and in accordance with the policy of the state of Idaho, as expressed in Idaho Code, Section 22-1902, the spread of these species should be prevented to the greatest extent possible. Therefore, the species listed below are exempt from the permit requirements of Sections 121 and 122 above.

However, those seeking to transport the species listed in Section 123.01 outside the known established distribution area must obtain a transport permit in accordance with Section 123.03.(3-15-22)

01.Exempt Species List:(3-15-22)

a.New Zealand Mud Snail, Potamopyrgus antipodarum;(3-15-22)

b.Bullfrog, Lithobates catesbeianus;(3-15-22)

c.Asian Clam, Corbicula fluminea.(3-15-22)

02.Location of Known Established Populations. Known established distributions of the New Zealand Mud Snail, Bullfrog, and Asian Clam are identified and mapped online at http://nas.er.usgs.gov/queries.

03.Possession/Transport Permits. Any person seeking to possess or transport one (1) of the species listed in Subsection 123.01, above, outside of the known established distribution boundaries delineated in Subsection 123.02, above, must obtain a permit that will be valid for five (5) years. For the purposes of Subchapter A, transport of these exempt species is assumed when biological organisms and associated water from aquaculture facilities and hatcheries is moved from known infested areas in the state.(3-15-22)

a.Permits are not required for Red Claw Crayfish when shipped direct to the consumer for human consumption only.(3-15-22)

04.Application for Transport Permits. Persons seeking a transport permit must make application on a form prescribed by the Director. A separate application must be submitted for each facility from which invasive species will be transported.(3-15-22)

IDAPA 02.06.09.124 Energy Crop Possession/Production Permits

Possession and/or production of Energy Crop Invasive Species is authorized only if the person possessing the species obtains an Energy Crop Invasive Species Possession/Production Permit (“Energy Crop Invasive Species Permit”).

01.Application for Energy Crop Invasive Species Permits. Persons seeking an Energy Crop Invasive Species Permit must make application on a form prescribed by the Director. A separate application must be submitted for each facility or field where the Energy Crop Invasive Species will be possessed and/or produced.

Possession of plant material for the purpose of research or processing does not require a permit.(3-15-22)

02.Application Process. The Director will consider all information in the application and issue a written decision granting or denying the application. In reviewing the application, the Director will consider factors

a.Proximity of the facility to other agricultural operations, and environmentally sensitive lands and waters.(3-15-22)

b.Potential for access to the facility or field by unauthorized persons.(3-15-22)

c.Potential for vandalism, adverse weather, or other events that compromise the security of the facility or field.(3-15-22)

d.Potential for the Energy Crop Invasive Species to escape or be released from the facility or field.

e.Whether, based on the applicant’s certification and any other evidence received by the Director in connection with the application or proposed facility, all federal, state, county and city laws applicable to the facility or field have been met.(3-15-22)

f.Whether the applicant has adequate knowledge, experience and training to ensure that the Energy Crop Invasive Species will not harm agriculture, the natural resources and environment of the state of Idaho. Such experience may be documented by a log book, employment records, education records or other means by which experience may be authenticated.(3-15-22)

g.Whether the facility or field is or will be adequately designed, constructed, and managed to protect agriculture, the natural resources and environment of the state of Idaho from release or escape of the Energy Crop Invasive Species.(3-15-22)

h.Prior to issuing an Energy Crop Invasive Species Permit, the Director or his designee may perform an inspection of the facility or field to determine if its design, construction and proposed operation is consistent with the applicable provisions of Idaho law.(3-15-22)

03.Grant or Denial of the Permit. Following review of the application and any other relevant information, the Director will either issue the permit or deny the application and notify the applicant. If the Director issues the permit, he may include any necessary conditions to prevent release or escape of the Energy Crop Invasive Species, and to prevent harm to Idaho’s agriculture, natural resources, and the environment.(3-15-22)

04.Duration of Possession Permit. An Energy Crop Invasive Species Permit is valid for one (1) year.

05.Permit Revocation. Permits issued pursuant to this section may be revoked at any time if the Director or his designee finds that the permit holder has violated any of the provisions of Subchapter A, the Invasive Species Act, the Plant Pest Act, or any of the conditions included in the permit.(3-15-22)

06.Disposition of Non-Permitted Invasive Species. The Director may order non-permitted or illegally imported Energy Crop Invasive Species to be removed from the state or destroyed.(3-15-22)

07.Annual Report. All permit holders shall submit a report no later than January 1 of each calendar

IDAPA 02.06.09.125 Trap Crop Invasive Species Permits

Production/research of Trap Crop Invasive Species is authorized only if the person possessing the species obtains a Trap Crop Production/Research Permit (“Trap Crop Invasive Species Permit”).(3-15-22)

01.Application for Trap Crop Invasive Species Permits. Persons seeking a Trap Crop Invasive Species Permit must make application on a form prescribed by the Director. A separate application must be submitted for each facility where Trap Crop Invasive Species will be researched or produced.(3-15-22)

02.Application Process. The Director will consider all information in the application and issue a written decision granting or denying the application. In reviewing the application, the Director will consider factors

a.Proximity of the facility to agricultural operations, and environmentally sensitive lands and waters.

b.Potential for access to the facility by unauthorized persons.(3-15-22)

c.Potential for vandalism, adverse weather, or other events that compromise the security of the facility.(3-15-22)

d.Potential for the Trap Crop Invasive Species to escape or be released from the facility.(3-15-22)

e.Whether, based on the applicant’s certification and any other evidence received by the Director in connection with the application or proposed facility, all federal, state, county and city laws applicable to the facility have been met.(3-15-22)

f.Whether the applicant has adequate knowledge, experience and training to ensure that the Trap Crop Invasive Species will not harm agriculture, the natural resources and environment of the state of Idaho. Such experience may be documented by a log book, employment records, education records or other means by which experience may be authenticated.(3-15-22)

g.Whether the facility is or will be adequately designed, constructed, and managed to protect agriculture, the natural resources and environment of the state of Idaho from escape of the Trap Crop Invasive Species.(3-15-22)

h.Prior to issuing a Trap Crop Invasive Species Permit, the Director or his designee may perform an inspection of the facility to determine if its design, construction and proposed operation is consistent with the applicable provisions of Idaho law.(3-15-22)

03.Grant or Denial of the Trap Crop Invasive Species Permit. Following review of the application and any other relevant information, the Director will either issue the Trap Crop Invasive Species Permit or deny the application and notify the applicant. If the Director issues the Trap Crop Invasive Species Permit, he may include any necessary conditions to prevent release or escape of the Trap Crop Invasive Species, and to prevent harm to Idaho’s agriculture, natural resources, and the environment.(3-15-22)

04.Duration of Trap Crop Invasive Species Permit. A Trap Crop Invasive Species Permit is valid for one (1) year.(3-15-22)

05.Permit Revocation. Permits issued pursuant to this section may be revoked at any time if the Director or his designee finds that the permit holder has violated any of the provisions of this Subchapter A, the Invasive Species Act, the Plant Pest Act, or any of the conditions included in the permit.(3-15-22)

06.Disposition of Non-Permitted Invasive Species. The Director may order non-permitted or illegally imported Trap Crop Invasive Species to be removed from the state or destroyed.(3-15-22)

07.Annual Report. All permit holders shall submit a report no later than January 1 of each calendar

IDAPA 02.06.09.126 (Reserved)

IDAPA 02.06.09.130 Early Detection and Rapid Response Aquatic Invertebrate Invasive

SPECIES.

01.Statewide EDRR AIIS List. If any of the species listed in the following table are found to occur in Idaho, they shall be reported to the Department immediately. Positive identification will be made by the Department or other qualified authority as approved by the Director. Subsections 130.02 through 130.05 are applicable to EDRR AIIS only and not to other invasive species listed in Sections 140 through 148.

(7-1-26)

02.Transporting EDRR AIIS Over Public Roads. No person may transport Equipment or any Conveyance containing EDRR AIIS over public roads within the state of Idaho without first being decontaminated.

03.Contaminated Conveyances in Idaho Waters. No person may place any EDRR AIIS contaminated Equipment or Conveyance into any Water Body or Water Supply System in the state of Idaho.

04.Firefighting Equipment. Precautions should be taken to prevent the introduction and spread of EDRR AIIS through firefighting activities. All firefighting agencies moving equipment into the state of Idaho shall follow protocols similar to the United States Forest Service decontamination protocols set forth in “Guide to Preventing Aquatic Invasive Species Transport by Wildland Fire Operations.” Those protocols can be viewed online Early Detection Rapid Response Aquatic Invertebrate Invasive Species (EDRR AIIS) List Quagga MusselDreissena bugensis Zebra MusselDreissena polymorpha Golden MusselLinoperna forunei at https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5373422.pdf.(7-1-24)

05.Construction and Road Building and Maintenance Equipment. Construction and equipment used for road building and maintenance must be free of EDRR AIIS. If equipment that is being transported into the state of Idaho has been in an infested water body or water supply system within the preceding thirty (30) days, the equipment must be inspected in accordance with Section 132. The Department may require decontamination.

IDAPA 02.06.09.131 Reporting Requirements

01.Discovery.

Any person who discovers an EDRR AIIS within the state or who has reason to believe that an invasive species may exist at a specific location shall immediately report the discovery to the Department.

02.Contents. The report shall, to the best of the reporter’s ability, contain the following information: location of the invasive species; date of discovery; and identification of any conveyance, equipment, water body, or host in or upon which the invasive species may be found.(3-15-22)

03.Methods of Reporting. The report shall be made in person or in writing (which may include electronic mail) as follows:(3-15-22)

a.At any Department office or headquarters;(3-15-22)

b.To the Department’s toll free hotline at 1-877-336-8676; or(3-15-22)

c.Via the Department’s website at https://invasivespecies.idaho.gov/contact.(3-15-22)

04.Hold Harmless. Reporting parties will be held harmless from violations pursuant to this Subchapter A regarding possession of EDRR AIS.(3-15-22)

IDAPA 02.06.09.132 Inspections

01.Qualified Inspectors.

Inspections to detect the presence of EDRR AIIS may be conducted by any authorized agent, private inspector or peace officer qualified and trained in accordance with the Department’s requirements.(3-15-22)

02.Conveyances That Have Been in Infested Waters. All persons transporting a conveyance must receive documentation of an inspection prior to launching in any water of the state if the vessel has been in infested water within the last thirty (30) days.(3-15-22)

03.All Other Conveyances. All conveyances are subject to inspection. All compartments, equipment and containers that may hold water, including, but not limited to live wells and ballast and bilge areas will be drained as part of all inspections.(3-15-22)

04.Inspection Methods. Inspectors will determine if EDRR AIIS are present by interviewing the person transporting the conveyance and using visual and/or tactile inspection methods, or such other methods as may be appropriate and using forms supplied by the Department.(3-15-22)

05.Inspection Results. Any authorized agent or private inspector or private decontaminator who, through the course of an inspection, determines that AIIS are present shall advise the operator that the conveyance is suspected of possessing EDRR AIIS and that it must be decontaminated according to Departmental procedures.

06.Decontamination. Any conveyance found or reasonably believed to contain EDRR AIIS shall be decontaminated in accordance with Section 134.(3-15-22)

IDAPA 02.06.09.133 Hold Orders

01.Hold Order. If any person refuses to permit inspection or decontamination of his or her conveyance, that conveyance is subject to a hold order until the inspection and/or decontamination is complete.

02.Notification to Owner. If the person in charge of the conveyance is not the registered owner, the registered owner shall be notified by mail, return receipt requested, within five (5) days of the Hold Order. Such notification must also include Department contact information. If the registered owner is present when the Hold Order is issued, then the same information shall be provided to the registered owner at the time the order is issued.

03.Release of Hold Order. Decontamination and proof of decontamination, in accordance with Section 134, is necessary in order for the Hold Order to be released. The Hold Order must be released in writing, and may be released only by the Director or his designee.(3-15-22)

IDAPA 02.06.09.134 Edrr Aiis Decontamination

01.Decontamination Protocol.

All decontamination must be accomplished by Department-approved service providers, using Department protocol. All decontamination methods must be in accordance with all applicable laws, disposal methods, recommended safety precautions, and safety equipment and procedures.

02.Reinspection. After decontamination, the Department or its authorized agent must re-inspect the conveyance to ensure complete decontamination prior to releasing the conveyance and any associated Hold Order.

03.Proof of Decontamination. Proof of decontamination will consist of a completed postdecontamination inspection form and application of a tamper-proof seal to the conveyance.(3-15-22)

IDAPA 02.06.09.135 Snake River Quarantine

ISDA has issued a quarantine of the Sna ke River from Hansen Bridge to the partial bridge structure at the bottom of Yingst Grade (known as “the Broken Bridge”, “Yingst Grade Bridge”, the “Old Interstate Bridge”), which is approximately one-half (1/2) mile upstream of Auger Falls to contain and treat quagga mussels. Launch of watercraft or other conveyances in this section is restricted to the hours when the watercraft inspection station at Centennial Waterfront Park is open, or other such stations that may be posted at other locations in the quarantine area. All watercraft and conveyances must be inspected and decontaminated by agency personnel or an assigned entity prior to launch and prior to exit from the water. This requirement applies to all motorized and non-motorized watercraft or other conveyances of any size, including paddle boards, kayaks, and water-exposed recreational gear.(7-1-26)

IDAPA 02.06.09.136 (Reserved)

IDAPA 02.06.09.140 Invasive Species - Aquatic Invertebrates

INVASIVE SPECIES - AQUATIC INVERTEBRATES

Zebra Mussel Dreissenia polymorpha 02.

Quagga Mussel Dreissenia bugensis 03.

New Zealand Mud Snail Potamopyrgus antipodarum 04.

Red Claw Crayfish Cherax quadricarinatus 05.

Ya b b y C r a y f i s h Cherax albidus/C. destructor 06.

Marone Crayfish Cherax tenuimanus (7-1-26)

IDAPA 02.06.09.141 Invasive Species - Fish

IDAPA 02.06.09.142 Invasive Species - Amphibians 07

Marbled Crayfish Procambarus fallax f. virginalis 08.

Rusty Crayfish Faxonius rusticus 09.

Asian Clam Corbicula fluminea 10.

Spiny Waterflea Bythotrephes cederstroemi 11.

Fishhook Waterflea Cercopagis pengoi 12.

Marmorkrebs Procambarus sp. 13.

Golden MusselLimnoperna forunei INVASIVE SPECIES - FISH Green Sturgeon Acipenser medirostris

02.Walking Catfish Claridae

03.Bowfin Amia calva

04.Gar Lepiostidae

05.Piranhas Serrasalmus spp., Rosseveltiella spp., Pygocentrus spp.

06.Rudd Scardinus erythropthalmus

07.Ide Leuciscus idus

08.Diploid Grass Carp Ctenopharyngoden idella

09.Bighead Carp Hypopthalmichthys nobilis

10.Silver Carp Hypopthalmichthys molitrix

11.Black Carp Mylopharyngodeon piceus

12.Snakeheads Channa spp., Parachanna spp.

13.Round Goby Neogobius melanostomas

14.RuffeGymnocephalus cernuus INVASIVE SPECIES - AQUATIC INVERTEBRATES

IDAPA 02.06.09.143 Invasive Species - Reptiles

IDAPA 02.06.09.144 Invasive Species - Birds

IDAPA 02.06.09.145 Invasive Species - Mammals

IDAPA 02.06.09.146 Invasive Species – Insects

Invasive Species - Amphibians

01.Rough-skinned NewtTaricha granulose

02.BullfrogLithobates catesbeianus Invasive Species - Reptiles

01.Red-eared SliderTrachemys scripta elegans

02.Mediterranean GeckoHemidactylus turcicus

03.Common Wall LizardPodarcis muralis 04.

Italian Wall LizardPodarcis sicula

05.Brahminy BlindsnakeRamphotyphlops braminus

06.Snapping TurtleChelydra serpentina Invasive Species - Birds

01.Monk ParakeetMyiopsitta monachus Invasive Species - Mammals

01.NutriaMyocastor coypus Invasive Species - Insects

01.Asian Longhorned BeetleAnglophobia glabripennis (7-1-24)

IDAPA 02.06.09.147 Invasive Species – Mollusks

(7-1-24)

IDAPA 02.06.09.148 (Reserved)

IDAPA 02.06.09.149 Invasive Species - Invasive Plants: Energy Crops

02.Emerald Ash BorerAgrilus planipennis

03.Spongy MothLymantria dispar Invasive Species – Mollusks

01.ApplesnailPomacea spp.

02.Brown Garden SnailCryptomphalus aspersa

03.Chinese MysterysnailBellamya chinensis

04.Decollate SnailRumina decollata

05.Faucet SnailBithynia tentaculata

06.Giant African SnailAchatha fulica

07.Green or Burrowing SnailCantareus apertus

08.Japanese MysterysnailBellamya japonica

09.Lactea SnailOtala lactea

10.MarisaMarisa cornuarietis

11.Maritime Garden SnailCernuella virgata

12.Pulmonate SnailHelix pomatia

13.Quilted MelaniaTarebia granifera

14.Red-rim MelaniaMelanoides tuberculata

15.White Garden SnailTheba pisana

16.Wrinkled SnailCandidula intersecta Invasive Species - Invasive Plants: Energy Crops

01.Giant ReedArundo donax (and hybrids)

02.KudzuPueraria montana (and hybrids)

03.Chinese Silver GrassMiscanthus giganteus (and hybrids)

Invasive Species - Insects

IDAPA 02.06.09.150 Invasive Species - Invasive Plants: Trap Crops

IDAPA 02.06.09.151 (Reserved)

SUBCHAPTER B – NOXIOUS WEEDS

IDAPA 02.06.09.210 Definitions

In addition to the definitions found in Section 22-2402, Idaho Code, the definitions found in Section 210 apply in the interpretation and enforcement of Subchapter B only:(3-15-22)

01.Early Detection and Rapid Response (EDRR). Finding invasive plant species during the initial stages of colonization and then responding within the same season to initiate eradication of the invasive plant species.

02.Implements of Husbandry. Every vehicle, including self-propelled units, designed or adapted and used exclusively in agricultural, horticultural, dairy and livestock growing and feeding operations when being incidentally operated as an implement of husbandry. Such implements include, but are not limited to, combines, discs, dry and liquid fertilizer spreaders, cargo tanks, harrows, hay balers, harvesting and stacking equipment, pesticide applicator equipment, plows, swathers, mint tubs and mint wagons, and farm wagons. A farm tractor when attached to or drawing any implement of husbandry shall be construed to be an implement of husbandry. Implements of husbandry do not include semi trailers, nor do they include motor vehicles or trailers, unless their design limits their use to agricultural, horticultural, dairy or livestock growing and feeding operations.(3-15-22)

03.Subtaxa(on). A supplementary piece of identifying information in a plant’s or animal’s scientific name.(3-15-22)

IDAPA 02.06.09.211 Abbreviations

01.CWMA. Coope rative Weed Management Area.(3-15-22)

02.EDRR. Early Detection/Rapid Response.(3-15-22)

03.ISDA. Idaho State Department of Agriculture.(3-15-22)

IDAPA 02.06.09.212 (Reserved)

04.Purging NutJatropha curcus (and hybrids)

05.Cold Tolerant Eucalyptis (and hybrids)

Invasive Species - Invasive Plants: Trap Crops Litchi Tomato Solanum sisymbriifolium (and hybrids)

(Otherwise known as Sticky Nightshade or Fire and Ice)

02.Black NightshadeSolanum nigrus (and hybrids)

Invasive Species - Invasive Plants: Energy Crops

IDAPA 02.06.09.220 Noxious Weeds - Designations

The weeds listed on the Statewide Prohibited Genera, EDRR, Containment, and Control lists are hereby officially designated and published as noxious.(3-15-22)

01.Statewide Prohibited Genera Noxious Weed List.(3-15-22)

a.All plants and plant parts in the genera of: Cytisus, Genista, Spartium, and Chamaecytisus additionally including “all” subtaxa of these plant genera are prohibited in Idaho.(3-15-22)

b.Weeds listed in the Prohibited Genera list may exist in varying populations throughout the state.

The concentration of these weeds is at a level where control and/or eradication may be possible. A written plan for weeds on the Statewide Prohibited Genera Noxious Weed List shall be developed by the control authority that specifies active control methods to reduce known populations in not more than five (5) years. The plan shall be available to the Department upon request.(3-15-22)

02.Statewide EDRR Noxious Weed List. Weeds listed in the EDRR list are not known to exist in Idaho, however, have the potential to become established, or are known to exist in Idaho in small enough infestations that eradication is possible. If any of the listed plants (Subsection 220.02) are found to occur in Idaho, they shall be reported to the Department within ten (10) days following positive identification by the University of Idaho or other qualified authority as approved by the Director. These weeds shall be eradicated during the same growing season as identified. 1.Brazilian ElodeaEgeria densa 2.CogongrassImperata cylindrica 3.Common/European FrogbitHydrocharis morsus-ranae 4.FanwortCabomba caroliniana 5.Feathered Mosquito FernAzolla pinnata 6.Giant HogweedHeracleum mantegazzianum 7.Giant Salvinia Salvinia molesta 8.GoatsrueGalega officinalis 9.HydrillaHydrilla verticillata

10.Iberian StarthistleCentaurea iberica

11.Policeman’s HelmetImpatiens glandulifera

12.Purple StarthistleCentaurea calcitrapa

13.Squarrose KnapweedCentaurea triumfetti

14.Starry StonewortNitellopsis obtusa

15.Syrian BeancaperZygophyllum fabago

16.Tall HawkweedHieracium piloselloides

17.Variable-Leaf-MilfoilMyriophyllum heterophyllum

18.Water ChestnutTrapa natans

19.Water HyacinthEichhornia crassipes

20.Yellow Devil HawkweedHieracium glomeratum

21.Yellow Floating HeartNymphoides pelata (7-1-25)

03.Statewide Control Noxious Weed List. Weeds listed in the control list are known to exist in varying populations throughout the state. The concentration of these weeds is at a level where control or eradication, or both, may be possible. A written plan for weeds on the Statewide Control Noxious Weed List shall be developed by the control authority that specifies active control methods to reduce known populations in not more than five (5) years. The plan shall be available to the Department upon request.

(7-1-25)

04.Statewide Containment Noxious Weed List. Weeds listed in the containment noxious weeds list are known to exist in various populations throughout the state. Weed control efforts may be directed at reducing or eliminating new or expanding weed populations while known and established weed populations, as determined by the weed control authority, may be managed by any approved weed control methodology, as determined by the weed control authority. 1.Black HenbaneHyoscyamus niger 2.Bohemian KnotweedPolygonum X bohemicum 3.Common CrupinaCrupina vulgaris 4.Common Reed (Phragmites)Phragmites australis 5.Dyer’s WoadIsatis tinctoria 6.Eurasian Watermilfoil Myriophyllum spicatum  (and hybrids) 7.Flowering RushButomus umbellatus 8.Giant KnotweedPolygonum sachalinense 9.Japanese KnotweedPolygonum cuspidatum

10.JohnsongrassSorghum halepense

11.MatgrassNardus stricta

12.Meadow KnapweedCentaurea debeauxii

13.Mediterranean SageSalvia aethiopis

14.Musk ThistleCarduus nutans

15.Orange HawkweedHieracium aurantiacum

16.Parrotfeather MilfoilMyriophyllum aquaticum

17.Perennial SowthistleSonchus arvensis

18.Russian KnapweedAcroptilon repens

19.Scotch BroomCytisus scoparius

20.Small BuglossAnchusa arvensis

21.Turkish ThistleCarduus cinereus

22.Vipers BuglossEchium vulgare

23.Yellow HawkweedHieracium caespitosum

05.Designation of Articles Capable of Disseminating Noxious Weeds. The following articles are designated by the Director as capable of disseminating noxious weeds:(3-15-22)

a.Construction equipment, road building and maintenance equipment, and implements of husbandry.

b.Motorized vehicles such as, all-terrain vehicles, motorcycles, and other off-road vehicles and nonmotorized vehicles such as bicycles and trailers.(3-15-22)

c.Grain and seed.(3-15-22) 1.Canada ThistleCirsium arvense 2.Curlyleaf PondweedPotamogeton crispus 3.Dalmatian ToadflaxLinaria dalmatica ssp. dalmatica 4.Diffuse KnapweedCentaurea diffusa 5.Field BindweedConvolvulus arvensis 6.Hoary AlyssumBerteroa incana 7.HoundstongueCynoglossum officinale 8.Jointed GoatgrassAegilops cylindrica 9.Leafy SpurgeEuphorbia esula

10.MiliumMilium vernale

11.Oxeye Daisy Leucanthemum vulgare

12.Perennial PepperweedLepidium latifolium

13.Plumeless ThistleCarduus acanthoides

14.Poison HemlockConium maculatum

15.PuncturevineTribulus terrestris

16.Purple LoosestrifeLythrum salicaria

17.Rush SkeletonweedChondrilla juncea

18.SaltcedarTamarix spp.

19.Scotch ThistleOnopordum acanthium

20.Spotted KnapweedCentaurea stoebe

21.Tansy RagwortSenecio jacobaea

22.White BryonyBryonia alba

23.Whitetop (Hoary Cress)Cardaria draba

24.Yellow Flag IrisIris pseudocorus

25.Yellow StarthistleCentaurea solstitialis

26.Yellow ToadflaxLinaria vulgaris

d.Hay, straw and other material of similar nature.(3-15-22)

e.Nursery stock including plant material propagated for the support of aquarium, pet, or horticultural activities.(3-15-22)

f.Feed and seed screenings.(3-15-22)

g.Fence posts, fencing and railroad ties.(3-15-22)

h.Sod.(3-15-22)

i.Manure, fertilizers and material of similar nature.(3-15-22)

j.Soil, sand, mulch, and gravel.(3-15-22)

k.Boats, personal watercraft, watercraft trailers, and items of a similar nature.(3-15-22)

IDAPA 02.06.09.221 (Reserved)

IDAPA 02.06.09.230 Treatment of Articles

01.Duty. It is the duty of every person, before removing any article from any place that is infested with noxious weeds or before moving the article onto any public roadway, to enclose, clean, or treat the article in a manner that will prevent the spread of noxious weeds(3-15-22)

02.Treatment. No article containing noxious weed propagules shall be sold or furnished to any person within this state, until it has been treated in a manner sufficient to eliminate all noxious weed propagating capability except when sold or furnished to a person for the purpose of destroying the viability of the noxious weed propagules.

IDAPA 02.06.09.231 (Reserved)

SUBCHAPTER C – NOXIOUS WEED FREE FORAGE AND STRAW CERTIFICATION

IDAPA 02.06.09.304 Incorporation by Reference

The following document is incorporated by reference and applies to Subchapter C, only:(3-15-22)

The NAISMA Weed Free Forage Minimum Certification Standards, as published at https:// naisma.org/wp-content/uploads/2020/04/NAISMA-WFF-Minimum-Standards-Final4-16-20.pdf.(3-15-22)

IDAPA 02.06.09.305 (Reserved)

IDAPA 02.06.09.310 Definitions

In addition to the definitions found in Section 22-2402, Idaho Code, the definitions found in section 310 apply to the interpretation and enforcement of Subchapter C only:(3-15-22)

01.Agent. Any instrumentality or entity authorized by the Director of the Department, and acting in an official capacity and under the supervision of the Department, to administer the provisions of Subchapter C. The principal purpose of the agent is to establish, conduct, and maintain a uniform and reasonable system of inspection and certification of forage and straw crops to determine if such crops are noxious weed free.(3-15-22)

02.Approved Inspector. An individual who has been accredited by the Department or by the Department’s agent in the noxious weed free forage and straw certification program.(3-15-22)

03.Bale. A mechanically compressed package of forage or straw bound by string or wire, or other binding material.(3-15-22)

04.Bale Tag. A tag or label that is attached to the string or wire, or other binding material of a bale of certified forage or straw, and identifies the bale as being certified noxious weed free.(3-15-22)

05.Certificate of Inspection. A record of inspection issued by an approved inspector that states the results of a field or commodity inspection. The certificate shall document that the inspected field or commodity is Idaho State Noxious Weed Free, NAISMA Noxious Weed Free, or that the field or commodity contains noxious weeds.(3-15-22)

06.Certification. The process whereby an approved inspector conducts field or commodity inspections to determine that the field or commodity is noxious weed free.(3-15-22)

07.Certification Markings. Bale tags, special colored twine, compressed forage/straw bale binding material, and forage cubes/pellets container tags/labels.(3-15-22)

08.Certified Compressed Forage/Straw Bale Binding Material. An ISDA approved binding material that is attached to a compressed forage/straw bale of certified noxious weed free forage/straw and identifies the bale as being certified to the NAISMA Standards.(3-15-22)

09.Compressed Forage/Straw Bale. A bale that has been twice compressed, once in the field by a forage/straw baler and then recompressed a second time and bound by string, wire or other binding material.

10.Field. The land on which a forage or straw crop is grown and is not divided by streams, public roads, other crops, or other barriers.(3-15-22)

11.Forage. Alfalfa, grain, and grass hay, and/or combinations of alfalfa, grain, or grass hay; the term “forage” includes forage cubes, compressed forage bales, and pellets.(3-15-22)

12.Forage Cubes. Forage that is harvested from a field certified to NAISMA Standards and is mechanically compacted into wafers or cubes.(3-15-22)

13.Forage Cube/Pellet Tag. A tag, label, or statement that is attached or printed on a container of certified noxious weed free forage cubes or pellets, and identifies the container as being certified to the NAISMA Standards.(3-15-22)

14.Idaho State Noxious Weed Free. Forage and straw inspected for weeds designated by the Director as noxious as defined in Section 22-2402(17), Idaho Code, and determined to be free of such weeds.(3-15-22)

15.Idaho State Noxious Weed Free Standards. Forage and straw that meets the requirements Idaho State Noxious Weed Free.(3-15-22)

16.NAISMA Noxious Weed Free. Forage and straw inspected for, and determined to be free of, weeds designated as noxious by the Director as defined in Section 22-2402(17), Idaho Code, and noxious weeds listed on the NAISMA Designated Weed List.(3-15-22)

17.NAISMA Weed Free Forage Certification Program. The North American Invasive Species Management Association standard for forage certification.(3-15-22)

18.NAISMA Twine. Special colored twine approved by NAISMA that is used to mark bales as certified to the NAISMA Standards.(3-15-22)

19.NAISMA Standards. Requirements of the NAISMA Weed Free Forage Certification Program.

20.Noxious Weed Free. No nox ious weeds with viable seed, injurious portions, or propagating parts were found during inspection procedures.(3-15-22)

21.Pellets. Forage that is harvested from a field certified to NAISMA Standards and is manufactured into an agglomerated feed, formed by compacting and forcing through die openings by a mechanical process.

23.Straw. The dried stalks or stems remaining after grain is harvested.(3-15-22)

24.Transit Certificate. A document completed by an approved inspector to certify products proposed for movement as certified noxious weed free into states that require noxious weed free forage and straw certification.

The transit certificate must be in the possession of the transporter.(3-15-22)

IDAPA 02.06.09.311 Abbreviations

01.ISDA.

The Idaho State Department of Agriculture.(3-15-22)

02.NAISMA. North American Invasive Species Management Association.(3-15-22)

03.NWFF&S. Noxious Weed Free Forage and Straw.(3-15-22)

IDAPA 02.06.09.312 (Reserved)

IDAPA 02.06.09.320 Voluntary Noxious Weed Free Forage and Straw Certification Program

01.Purpose.

The noxious weed free forage and straw certification program is a voluntary program, the purpose of which is to provide a means for the inspection, certification, and marking of forage and straw as noxious weed free. The program will be managed by the Department and may be implemented through an agent of the Department. The program will allow for the preparation of a transit certificate for the purpose of interstate transport or shipping of forage and straw into and through states that place regulations and restrictions on such commodities.

The program is intended to reduce the exportation, importation, growth, and spread of noxious weeds.(3-15-22)

02.Certifying Authority. The Department or its agent is the certifying authority. The certifying authority will appoint, as needed, approved inspectors throughout the state, who may issue certificates of inspection.

03.Certification Training. The Department will determine minimum training and accreditation standards for approved inspectors. Training will be provided annually by the Department or its agent. Attendance at annual training will certify accreditation for the inspector for that calendar year. Approved inspectors will be issued a certificate of training for the calendar year. Annual training includes:(3-15-22)

a.Field inspection techniques and procedures;(3-15-22)

b.ISDA Noxious Weed Lists and NAISMA Weed Free Forage Prohibited Weed List plant identification;(3-15-22)

c.ISDA and NAISMA certification standards and guidelines;(3-15-22)

d.Knowledge of weed management, including:(3-15-22)

i.Burning;(3-15-22)

ii.Mowing, cutting or roguing;(3-15-22)

iii.Mechanical methods; and(3-15-22)

iv.Herbicides.(3-15-22)

e.Inspection forms.(3-15-22)

04.Certification Program.(3-15-22)

a.The Department or its agent will:(3-15-22)

i.Coordinate forage and straw inspections within the state;(3-15-22)

ii.Select, train, and supervise persons who serve as approved inspectors;(3-15-22)

iii.Issue certificates of inspection, transit certificates, NAISMA Twine, forage cubes/pellets tags/ labels, certified compressed forage/straw bale binding material, and bale tags to qualifying participants;(3-15-22)

iv.Maintain a record of inspections performed and certificates and tags issued;(3-15-22)

b.Under the direction of the Department or its agent an approved inspector may perform inspections and issue certificates of inspection, transit certificates, NAISMA Twine, forage cubes/pellets tags/labels, and bale tags within the state at cost.(3-15-22)

05.Application for Certification.(3-15-22)

a.Application for certification inspection shall be made on forms available from the Department or its agent and submitted to the Department or its agent.(3-15-22)

b.An applicant’s signature on the application for certification is verification of the accuracy of the information submitted, and signifies the applicant’s intent to comply with the post-certification and distribution requirements.(3-15-22)

06.Field Inspection Procedures.(3-15-22)

a.Forage or straw shall be inspected within a maximum of ten (10) days prior to cutting/harvesting in the field of origin for each field and cutting to be certified. Fields must be inspected again if circumstances prevent harvest of the forage/straw for a period greater than ten (10) days from the first inspection.(3-15-22)

b.Each field inspected shall be identified by the name of the owner and a field name or number. The certification inspection may be performed on an entire field, or a portion of a field, if the portion is plainly marked and identified prior to inspection.(3-15-22)

c.Field inspections must take place prior to any operation that will limit the approved inspector’s ability to properly inspect and certify the field. Fields that have been cut or harvested prior to inspection are ineligible for certification.(3-15-22)

d.There shall be a minimum of two (2) entry points per field.(3-15-22)

e.There shall be minimum of one (1) entry point per each ten (10) acres (four (4) hectares).

f.Each point of entry shall be at least one hundred fifty (150) feet (forty-five (45) meters) into the field, and each additional one hundred fifty (150) feet (forty-five (45) meters) traveled constitutes an entry point.

Travel shall be uninterrupted, proceeding through the field being inspected.(3-15-22)

g.The entire field border will be physically inspected.(3-15-22)

h.The field inspection will include all ditches, fence rows, roads, easements, rights-of-way, or buffer zones surrounding the field.(3-15-22)

i.Forage/straw that contains any noxious weeds as identified in Section 22-2402(17) or noxious weeds listed on the NAISMA Weed Free Forage Prohibited Weed List, may be certified if the following requirements are met:(3-15-22)

i.Forage/straw that contains any noxious weeds may still be certified if the field upon which the forage/straw was produced is treated to prevent noxious weed seed or other propagule viability according to agricultural practices acceptable to, and to the satisfaction of, the approved inspector.(3-15-22)

ii.Noxious weed(s) were treated not later than rosette to bud stage, or boot stage for grass species classified as noxious weeds, prior to cutting or harvesting; and(3-15-22)

iii.Treatment method can include, but is not limited to burning, mowing, cutting or roguing, mechanical methods, or chemicals.(3-15-22)

j.An inspection certificate shall document that the above requirements have been met.(3-15-22)

k.Baling equipment must be cleaned of any noxious weeds prior to harvesting certified forage. If the baling equipment is not cleaned, the first three (3) small square bales or the first large round or square bale produced shall be considered non-certified.(3-15-22)

l.Interstate shipment of baled forage and straw shall be accompanied by an original transit certificate issued by the approved inspector in the county of origin. The storage area shall also be inspected and be free of noxious weeds.(3-15-22)

m.An approved inspector may not inspect fields of which said inspector has ownership or financial interest.(3-15-22)

07.Certification Standards. After completing an inspection, the approved inspector will complete a certificate of inspection.(3-15-22)

a.If the field or commodity inspected is certified as NAISMA Noxious Weed Free, the approved inspector will issue a certificate of inspection for that harvest or cutting. If the field or commodity contains NAISMA Noxious Weeds, but does not contain Idaho State noxious weeds, it may be certified as Idaho State noxious weed free, and such certification will be noted on the certificate of inspection.(3-15-22)

b.If the field or commodity inspected is certified as noxious weed free, as defined in Subchapter C, the approved inspector may also issue, upon request, any of the following documents:(3-15-22)

i.Transit certificates.(3-15-22)

ii.Bale tags. The date on the bale tag must accurately reflect the year in which the bale was produced.

iii.NAISMA Twine only if the field or commodity is certified as NAISMA Noxious Weed Free.

iv.Forage cube/pellet tag/labels only if the field or commodity is certified as NAISMA Noxious Weed Free.(3-15-22)

v.Certified compressed forage /straw bale binding material only if the field or commodity is certified as NAISMA Noxious Weed Free.(3-15-22)

c.Certificates of inspection, transit certificates and bale tags shall be on forms prescribed by the Department or its agent.(3-15-22)

d.NAISMA Twine and bale tags must be purchased from the Department or its agent.(3-15-22)

08.Copy of Inspections and a List of Approved Inspectors . Upon request, the agent shall provide the Depa rtment with a copy of certificates of inspections issued and a current list of approved inspectors.(3-15-22)

09.Reciprocity. Forage or straw certified under a reciprocal agreement between the Department and another state, and certified as NAISMA Noxious Weed Free according to the other state’s approved certification standards, may be shipped into the state of Idaho and will be considered to meet the requirements of the Idaho program.(3-15-22)

10.Exports. Certification under Subchapter C does not qualify a commodity for export from the United States. Applications for certification for export should be made directly to the Division of Plant Industries within the Department.(3-15-22)

11.Voluntary Posting. After certification, a producer may post signs, or other forms of notification, on the certified commodity indicating that the commodity is certified as noxious weed free.(3-15-22)

12.Post-Certification and Distribution Requirements. After a producer’s commodity has been inspected and certified, the producer shall:(3-15-22)

a.Take reasonable and prudent steps to protect the certified commodity from contamination;

b.Keep the certified commodity separated from all uncertified commodity;(3-15-22)

c.Attach bale tags, certified compressed forage/straw bale binding material, or NAISMA Twine to each bale of certified forage or straw intended for sale as noxious weed free forage or straw prior to the bales leaving the producers stack yard or storage area; and(3-15-22)

d.Attach cube/pellet tag/label to each container of certified forage cubes/pellets intended for sale as noxious weed free forage prior to the containers leaving the producer’s facility.(3-15-22)

e.Provide the shipper, trucker, or transporter with the appropriate number of transit certificates.

13.Cancellation for Failure to Comply. Any person who provides false information on an application for inspection or who fails to comply with the post-certification and distribution requirements may, upon order of the Director, be suspended for a period of up to two (2) years from participating in the forage and straw certification program.(3-15-22)

14.Enforcement and Cancellation. Harvested lots of forage or straw from certified fields may be checked at any time by an approved inspector. Manufactured lots of forage cubes, pellets, and compressed forage/ straw bales may be checked at any time by an approved inspector. Evidence that forage, straw, forage cubes/pellets, or compressed forage/straw bales are not from a certified field or that any lot has not been protected from contamination shall be cause for cancellation of certification.(3-15-22)

15.Misuse of Transit Certificate and Certification Markings. Using a transit certificate or certification marking for forage/straw from a field that has not been certified constitutes a violation of Subchapter C.

16.Certification Fees.

a.A minimum of forty dollars ($40) per field per inspection will be charged for up to ten (10) acres.

b.Three dollars and fifty cents ($3.50) per acre from eleven (11) acres to fifty (50) acres.(3-15-22)

c.Three dollars ($3.00) per acre from fifty-one (51) acres to one hundred (100) acres.(3-15-22)

d.Two dollars ($2.00) per acre from one hundred one (101) acres.(3-15-22)

e.The agent is authorized to assess a general fee of forty dollars ($40) per year to recover overhead costs.(3-15-22)

IDAPA 02.06.09.321 (Reserved)

IDAPA 02.06.09.330 Naisma Weed Free Forage Prohibited Weed List

This list is incorporated by reference in Section 304.01 and is available in electronic format at: https:// www.naisma.org.(3-15-22)

IDAPA 02.06.09.331 (Reserved)

IDAPA 02.06.09.340 Application Form Requirements

A person wishing to participate in the noxious weed free forage and straw program shall make an application in writing on a form prescribed by ISDA for NWFF&S certification annually. There are no fees for application. The application shall be made with the ISDA agent in the county in which the person resides or in the county in which the person owns or leases land on which forage/straw will be produced.(3-15-22)

IDAPA 02.06.09.341 (Reserved)

IDAPA 02.06.09.350 Certification Marking

Each certified bale or container shall be marked by one (1) of the following:(3-15-22)

01.NAISMA Twine. Only one (1) strand is required per bale.(3-15-22)

02.Bale Tag. The following information shall be shown on baled forage and straw:(3-15-22)

a.The words - “NAISMA Weed Free Forage Certification Program” or “Idaho State Noxious Weed Free Forage & Straw Certification Program”;(3-15-22)

b.Bale tag serial number;(3-15-22)

c.County of origin identification;(3-15-22)

d.ISDA emblem;(3-15-22)

e.ISDA telephone number; and(3-15-22)

f.A statement that the product is “Certified to the NAISMA Standards” or “Certified to the Idaho State Noxious Weed Free Standards.”(3-15-22)

g.Year the bale tag was issued.(3-15-22)

03.Forage Cube/Pellet Tag/Label. Certification tags/labels shall be attached to or a statement with the following information printed on each container of noxious weed free product:(3-15-22)

a.The words - “NAISMA Weed Free Forage Certification Program”;(3-15-22)

b.ISDA forage manufacturer identification number;(3-15-22)

c.ISDA emblem;(3-15-22)

d.ISDA telephone number; and(3-15-22)

e.A statement that the product is “Certified to the NAISMA Standards.(3-15-22)

04.Certified Compressed Forage/Straw Bale Binding Material. The following information shall be printed in purple ink on yellow binding material. Two (2) consecutive vertical purple lines approximately one-eighth of an inch (1/8”) wide, spaced approximately one and one-quarter inches (1 1/4”) apart, placed before and after written text that includes the acronym “ISDA NWFFS” and can include the manufacturer’s name.(3-15-22)

IDAPA 02.06.09.351 (Reserved)

IDAPA 02.06.09.360 Procedures for Certification of Forage Cubes/Pellets/Compressed

FORAGE/STRAW BALES.

01.Application.

A person desiring to certify forage cubes/pellets/compressed forage/straw bales as noxious weed free must make an annual application on the ISDA's forage cube/pellet/compressed forage/straw bale certification application form.(3-15-22)

02.Validity. The application will be valid from the date of Department approval through December 31of that calendar year.(3-15-22)

03.Equipment. Equipment will be cleaned of any noxious weed propagules prior to processing forage/straw for certification.(3-15-22)

04.Purging. After cleaning equipment, a minimum of five hundred (500) pounds of certified forage/ straw must be purged through the entire system prior to processing certified forage cubes/pellets/compressed forage/ straw bales. The five hundred (500) pounds of forage/straw used to eliminate any noxious weed seeds shall not be certified.(3-15-22)

05.Documentation. A person who manufactures products referenced in Section 360 shall retain the following records for two (2) years:(3-15-22)

a.All NWFF&S inspection certificates relating to the certified forage/straw delivered to their manufacturing facility each calendar year.(3-15-22)

b.Quantity of certified forage cubes/pellets/compressed forage/straw bales processed each calendar year; and(3-15-22)

c.Quantity of non-certified forage cubes/pellets/compressed forage/straw bales processed each calendar year.(3-15-22)

IDAPA 02.06.09.361 (Reserved)

02.02.12 Bonded Warehouse Rules

IDAPA 02.02.12.000 Legal Authority

Section 69-231, Idaho Code.( 7-1-25)

IDAPA 02.02.12.001 Scope

These rules clarify the procedure for licensing, collection and remittance of assessment, determining claim value, maintaining electronic records use of electronic scales and remedies of the Department for non-compliance. (7-1-25)

IDAPA 02.02.12.002 (Reserved)

IDAPA 02.02.12.010 Definitions

The definitions set forth in Section 69-202, Idaho Code, and th e following apply:(3-15-22)

01.Cash Sale. Payment to the producer by the warehouse or dealer contemporaneously with the transfer of commodity to the warehouse or dealer.(3-15-22)

02.Commodity Indemnity Fund (CIF). Commodity Indemnity Fund is a trust fund.(3-15-22)

03.Credit-Sale Contract. An agreement in writing containing the provisions of Section 69-249, Idaho Code, and where the producer transfers a specific quantity of commodity to a warehouse or dealer with a price or payment to the producer by the warehouse or dealer to be made at a later date or on the occurrence of a specific event expressed in the agreement.(3-15-22)

04.Dealer. Is limited to dealers licensed by the state of Idaho.(3-15-22)

05.Deposit for Service. Deposit of a commodity by a person for cleaning, processing, reconditioning or the rendering of other similar services by a warehouse, but does not include either a cash sale, credit-sale, or open storage.(3-15-22)

06.NPE. (No price established contract) A contract containing no readily calculable sale value of the commodity for the producer.(3-15-22)

07.Open Storage. The deposit of commodity by the producer for a period of time with the subsequent disposition of the same commodity or a fungible commodity as agreed to by the parties.(3-15-22)

08.Warehouse. Is limited to warehouses licensed by the state of Idaho.(3-15-22)

IDAPA 02.02.12.011 (Reserved)

IDAPA 02.02.12.012 Licensing

01.Posting of License. Immediately upon re ceipt of the license or any renewal, extension or modification thereof under Title 69, Chapter 2, Idaho Code, the licensed warehouseman shall post the license in a conspicuous place in each place of business or in any other place as the Director may determine. The Department will issue a duplicate license for each additional facility as needed.(3-15-22)

02.Return of Suspended or Terminated License. If a license issued to a warehouseman has lapsed or is suspended, revoked or canceled by the Director, the license shall be returned to the Department.(3-15-22)

03.Suspension Due to Neglect. If, through inspection or other information, it is revealed or indicated that the commodities in storage are deteriorating due to the warehouseman’s or operator’s neglect, the license may be suspended until the matter has been corrected to the satisfaction of the Director.(3-15-22)

04.Loss of License. Upon satisfactory proof of the loss or destruction of a license issued to a warehouseman, a duplicate may be issued under the same number or a new number at the discretion of the Director.

05.Sign to Be Posted. Each licensed warehouseman shall maintain suitable signs on the licensed property in such manner as will give ample public notice of his tenancy. These signs shall be painted on the warehouse or elevator in letters not less than six (6) inches in height and contain the following words: “State No. ___.” The number of each warehouse will be assigned by the Director.(3-15-22)

06.Bins Labeled. All storage areas licensed for the storage of agricultural commodities shall be numbered and have a diagram of the storage areas kept in the office showing the exact dimensions and the maximum capacity of the storage area.(3-15-22)

07.Insurance Calculations. The director may approve a request to reduce the insurance calculation for a facility provided the request is in writing and evidence is supplied that all agricultural commodities that are stored at any given point in time are insured pursuant to Title 69, Chapter 2, Idaho Code.(3-15-22)

IDAPA 02.02.12.013 (Reserved)

IDAPA 02.02.12.050 Receipting

01.Every Warehouseman. Every warehouseman shall issue a n egotiable warehouse receipt when requested to do so by the depositor. All storage and handling charges are due and payable on or before July 1 following the date of the issuance of the receipt, or as agreed upon by the parties.(3-15-22)

02.Form of Nonnegotiable Warehouse Receipts. Nonnegotiable warehouse receipts that contain the essential terms for warehouse receipts as set forth in Section 28-7-202, Idaho Code, and Section 69-223, Idaho Code, are deemed sufficient for all purposes. Copies of all nonnegotiable warehouse receipts shall be kept as permanent records by the warehouseman issuing them.(3-15-22)

03.Electronic Warehouse Receipts. At no time may a paper receipt and an electronic receipt represent the same lot of commodity. Electronic warehouse receipts shall be numbered and issued consecutively starting with the number specified to the provider by the department.(7-1-25)

04.Agreements. Prior to entering into an agreement with an electronic warehouse receipt provider to issue such receipts, a warehouse licensee must provide a copy of the proposed agreement to the department for review and approval. A warehouse operator shall not issue electronic negotiable warehouse receipts until and unless the department approves its agreement with an electronic warehouse receipt provider and notifies the licensee of such approval. A provider shall be independent of any outside influence or bias in action or appearance. In order to be approved by the department, an electronic warehouse receipt provider agreement shall:(3-15-22)

a.Only be with a provider that is first approved as an electronic warehouse receipt provider by the USDA pursuant to the provisions of 7 CFR Part 735. Upon department request, a provider shall provide a copy of the provider’s executed USDA Form WA-460 and any addenda, and any other documentation requested by the department to confirm that the provider is a USDA-approved provider in good standing.(3-15-22)

b.Provide for the department to become a joint holder on all open electronic negotiable warehouse receipts if the issuing warehouse operator’s license is relinquished or revoked.(3-15-22)

c.Provider to provide security as required by its provider agreement with the USDA regarding on-site security, data authorization, security plans, and facility vulnerability.(7-1-25)

d.Refrain from deleting or altering any electronic negotiable warehouse receipts in the centralized filing system unless such actions are authorized by the department.(7-1-25)

e.Allow the department unrestricted access to the central filing system for electronic warehouse receipts issued on behalf of warehouse operators licensed by the department. The electronic warehouse receipt data shall be maintained for six (6) years after cancellation of the receipts. Access shall be free of charge and made available in a manner that allows interaction with department warehouse examinations.(3-15-22)

f.When a warehouse operator changes provider, to supply the new provider and the warehouse operator with a complete list of all the current holders of open electronic negotiable commodity warehouse receipts prior to the intended transfer date.(7-1-25)

05.Change in Provider. A warehouse operator shall issue electronic warehouse receipts through only one (1) approved provider at a time.(3-15-22)

a.A warehouse operator may change providers only once a year unless otherwise approved by the department.(3-15-22)

b.A warehouse operator shall notify the department of the exact date of the proposed transfer thirty (30) calendar days prior to the intended date of any transfer to a new provider. The operator must also, thirty (30) days prior to the intended transfer date, send notices of the change to the holders of all open electronic negotiable warehouse receipts specifying the date and time period during which access to receipts will not be available.

IDAPA 02.02.12.051 (Reserved)

IDAPA 02.02.12.080 Forwarding Agricultural Commodities

Warehouses licensed under Title 69, Chapter 2, Idaho Code, receiving agricultural commodities for shipment to terminals or to other warehouses for storage or processing within the state or outside the state shall have in their possession a statement authorizing the shipment of agricultural commodities to another location for storage or processing that is signed by the owner or producer of the agricultural commodity. The receiving warehouse shall be a state or federally licensed and bonded warehouse or have a Commodity Credit Corporation storage agreement. When requested to do so by an Idaho Warehouse Examiner, the shipping warehouse shall promptly procure from the terminal or storage warehouse a statement or negotiable warehouse receipt on a form approved by the director describing the quantity, class and grade of all agricultural commodities so shipped and in storage. The shipping warehouse shall have such forms promptly forwarded and returned to the Idaho Department of Agriculture, Bureau of Warehouse Control, within fifteen (15) days of issuance.(3-15-22)

IDAPA 02.02.12.081 (Reserved)

IDAPA 02.02.12.100 Office Records

A warehouseman shall maintain complete and sufficient reco rds to show all deposits, purchases, sales contracts, storage obligations and loadouts of the warehouse in this state that are subject to Department inspection during normal business hours. Office records as set forth in Title 69, Chapter 2, Idaho Code, include, but not limited to, the following:(3-15-22)

01.Daily Position Record. This shows the total quantity of each kind and class of agricultural commodity received and loaded out, the amount remaining in storage at the close of each business day, and the warehouseman’s total storage obligation for each kind and class of agricultural commodity at the close of each business day.(3-15-22)

02.Storage Ledger. This shows the name and address of the depositor, the date purchased, the terms of the sale, and the quality and quantity of the agricultural commodity purchased by the warehouseman. When applicable, the storage ledger shall also show the tare, grade, size, net weight, and unsold amount of agricultural commodities.(3-15-22)

03.Scale Weight Tickets. Scale weight tickets, except tickets for electronic scales that are recorded and maintained electronically, shall be pre-numbered with one (1) copy of each ticket maintained in numerical order.

All scale weight tickets shall show the time when the commodities were delivered, the quantities delivered, who delivered the commodities, the ownership of the commodities, and the condition of the commodities upon delivery.

04.Receipts and Tickets. Receipts and tickets in the warehouseman’s possession that have not been issued.(3-15-22)

05.Receipts and Tickets Issued by the Warehouseman. Receipts and tickets issued by the warehouseman.(3-15-22)

06.Receipts and Tickets Returned and Cancelled. Receipts and tickets returned to and cancelled by the warehouseman.(3-15-22)

07.Insurance Documentation.(3-15-22)

08.Electronic Records. If any electronic records are maintained outside of the state of Idaho, the Department is entitled to examine them at any reasonable time and place as determined by the Department. (3-15-22)

IDAPA 02.02.12.101 (Reserved)

IDAPA 02.02.12.130 License Application and Conditions of Issuance

01.License Application.

Application for a license to operate a warehouse under the provisions of Title 69, Chapter 2, Idaho Code, shall be on a form prescribed by the Department and include:(3-15-22)

a.The full name of the person applying for the license and whether the applicant is an individual, partnership, association, corporation or other entity.(3-15-22)

b.The full name of each member of the firm or partnership, or the names of the officers and directors of the company or limited liability company, association, or corporation.(3-15-22)

c.The address of the principal place of business.(3-15-22)

d.Information relating to any judgments against the applicants.(3-15-22)

e.The location of each warehouse the applicant intends to operate and the commodities expected to be stored.(3-15-22)

f.A current financial statement as specified by Section 69-206, Idaho Code.(3-15-22)

g.A sketch or drawing as specified in Section 69-206, Idaho Code.(3-15-22)

h.A bond as required by Section 69-208, Idaho Code.(3-15-22)

i.Proof of insurance as required by Section 69-206, Idaho Code.(3-15-22)

j.The license fee as prescribed by Section 69-211, Idaho Code.(3-15-22)

k.Any other reasonable information the Department finds necessary to carry out the purpose and provisions of Title 69, Chapter 2, Idaho Code.(3-15-22)

02.Modification. If a licensee wishes to add additional capacity to an existing license, the Director may modify the license if all requirements of Section 69-206, Idaho Code, are met.(3-15-22)

IDAPA 02.02.12.131 Amount of Bond, Irrevocable Letter of Credit, Certificate of Deposit, or

SINGLE BOND.

01.Single Bond, Irrevocable Letter of Credit or Certificate of Deposit. For the purposes of licensing as a warehouseman pursuant to Title 69, Chapter 2, Idaho Code and a seed buyer pursuant to Title 22, Chapter 51, Idaho Code a single bond, irrevocable letter of credit or certificate of deposit shall be fixed at whichever of the following amounts is greater:(3-15-22)

a.Combined total indebtedness paid and owed to producers for agricultural commodity and seed crop, without any deductions, for the previous license year; or(3-15-22)

b.The indebtedness owed and estimated to be owed to producers for agricultural commodity and seed crop, without any deductions, for the current license year.(3-15-22)

IDAPA 02.02.12.132 (Reserved)

IDAPA 02.02.12.150 Warehouses to Be Kept Clean

Each warehouseman is required to use such precautions and surveillance as is necessary to provide for the safe and adequate storage of all commodities stored in his warehouse and to prevent these commodities from being contaminated in any way from chemicals, pesticides, fertilizers, adulterated seeds, animals, birds or any such thing as may contaminate or reduce the quality of stored goods.(3-15-22)

IDAPA 02.02.12.151 (Reserved)

IDAPA 02.02.12.180 Warehouseman Responsibilities

01.Warehouse Receipts -- Quality.

A warehouseman licensed under Title 69, Chapter 2, Idaho Code, shall maintain in the facility of issuance of any negotiable warehouse receipt, for as long as the receipt is outstanding and has not been canceled, like variety, quantity, and quality of the agricultural commodity stated on the receipt. No warehouseman shall remove, deliver, direct or permit any person to remove or deliver any agricultural commodity from any warehouse for which warehouse receipts have been issued and are outstanding, without receiving and canceling the warehouse receipt that was issued for the commodity, except if the Director determines an emergency storage situation exists. A warehouseman may then forward agricultural commodities to other licensed warehouses for storage without canceling the outstanding warehouse receipt, provided the following conditions are met:

a.The warehouseman obtains written approval from the Department prior to forwarding agricultural commodities.(3-15-22)

b.The warehouseman provides written guidelines to the Department establishing how he will be back in position within the time limits set and granted by the Department.(3-15-22)

c.The warehouseman maintains and makes available to the Department records of positions concerning the forwarding of agricultural commodities.(3-15-22)

d.The receiving warehouse is a state or federally licensed and bonded warehouse or have a Commodity Credit Corporation storage agreement.(3-15-22)

e.The shipping warehouse has in its possession a statement signed by the bearer of the warehouse receipt authorizing the shipment of agricultural commodities represented by such receipt to another location for storage.(3-15-22)

f.When requested to do so by the Department, the shipping warehouseman shall promptly procure from the receiving warehouseman a statement describing the quantity, class and grade of all agricultural commodities so shipped and in storage on a form approved by the Director. The shipping warehouseman shall have such forms promptly forwarded to the receiving warehouseman for verification of quantity, class and grade of agricultural commodities forwarded and return the verification to the Department within fifteen (15) days of issuance. Failure to provide this statement to the Department in the above specified time, will result in a short position for the warehouseman with penalties as prescribed by law.(3-15-22)

02.Rights and Duties of Licensees -- Unlawful Practices. It is unlawful for a warehouseman to:

a.Issue a warehouse receipt in excess of the amount of the agricultural commodity held in the licensee’s warehouse to cover such receipt.(3-15-22)

b.Sell, encumber, ship, transfer, remove or permit to be sold encumbered, shipped, transferred or removed from a warehouse any agricultural commodity received by him for deposit, shipment or handling for which scale wei ght tickets have been issued without the written approval of the holder of the scale weight ticket and such transfer shall be shown on the individual depositor’s account and the inventory records of the warehouseman.

c.Issue a warehouse receipt or scale weight ticket that exceeds the amount of agricultural commodities delivered for storage.(3-15-22)

d.Issue a warehouse receipt showing a grade or description different from the grade or description of the agricultural commodities delivered and for which such warehouse receipt is issued.(3-15-22)

e.Fail to deliver agricultural commodities as required by Section 28-7-402, Idaho Code.(3-15-22)

f.Knowingly accept for storage any agricultural commodity destined for human consumption that has been contaminated, if such agricultural commodities are commingled with any uncontaminated agricultural commodity.(3-15-22)

g.Terminate storage of an agricultural commodity in the warehouse without giving reasonable notice to the depositor as provided in Section 28-7-206, Idaho Code.(3-15-22)

h.Alter, falsify, or withhold records from the warehouse examiner.(3-15-22)

IDAPA 02.02.12.181 (Reserved)

IDAPA 02.02.12.200 Insurance Settlement

When the commodities within a licensed warehouse have been damaged or destroyed, the warehouseman shall make com plete settlement to all depositors having agricultural commodities stored in the warehouse within ten (10) days after a settlement with the insurance company. Failure of the warehouseman to make such settlement is grounds for revocation of the license. However, such settlement need not be made within the ten (10) days period if the warehouseman and the depositor agree to other terms. In the case of commingled agricultural commodities where only a portion is damaged, settlement may be made on a pro rata basis to the owners of all agricultural commodities stored within the warehouse.(3-15-22)

IDAPA 02.02.12.201 (Reserved)

IDAPA 02.02.12.230 Agricultural Commodities -- Warehouse Obligations

Any agricultural commodity deposited for storage that is not sold by contract or otherwise, as shown by docu mentation, is open storage and shall be considered a warehouse obligation.(3-15-22)

IDAPA 02.02.12.231 (Reserved)

IDAPA 02.02.12.300 Financial Statements

In order to obtain a bonded warehouse license, the applicant shall s ubmit a current financial statement that has been prepared not more than ninety (90) days prior to the date of application and conform to the applicable requirements of Title 69, Chapter 2, Idaho Code, as to annual financial statements.(3-15-22)

01.Statement Compliance. Each licensed warehouseman shall submit to the Department an annual financial statement that has been audited or reviewed by an independent certified public accountant or independent licensed public accountant and be submitted to the Department no later than ninety (90) days after the end of the warehouseman’s fiscal year.(7-1-25)

a.The Department may grant an extension of no more than sixty (60) days, provided sufficient cause of an exceptional nature is provided, in writing, to the Department by a certified public accountant or a licensed public accountant and made prior to the date the financial statement is due.(3-15-22)

b.The director may make exceptions to the financial statement requirements provided sufficient cause is provided and to do so would be in the best interest of the State.(3-15-22)

02.Statement Content. The acceptable statement includes:(3-15-22)

a.A balance sheet.(3-15-22)

b.An income statement that includes annual gross sales of commodities purchased from producers covered under the act.(3-15-22)

c.A statement of cash flows.(3-15-22)

d.All accompanying notes to the financial statement.(3-15-22)

IDAPA 02.02.12.301 (Reserved)

IDAPA 02.02.12.330 Amending Tariff

Tariffs may be amended by the licensed warehouseman by filing a new tariff with the Department. The previous tariff continues to apply on all commodities received prior to the effective date of the amended tariff until the anniversary date of deposit. The amended tariff applies to any commodities received after the effective date of the amendment and on any commodities stored under the previous tariff commencing on the anniversary date of the storage period.

IDAPA 02.02.12.331 (Reserved)

IDAPA 02.02.12.380 License -- Duration

Licenses issued under the provisions of Title 69, Chapter 2, Idaho Code, expire annually on April 30th.(3-15-22)

IDAPA 02.02.12.381 (Reserved)

IDAPA 02.02.12.400 Insurance Deductible

The maximum deductible allowed for insurance required by Section 69-206(1), Idaho Code, shall be five thousand dollars ($5,000). However, a larger deductible may be allowed at the discretion of the Director.(3-15-22)

IDAPA 02.02.12.401 (Reserved)

IDAPA 02.02.12.430 Additional Bonding Requirements

The amount of bond or additional security pursuant to Section 69-260, Idaho Code, is two thousand dollars ($2,000) for each one thousand dollars ($1,000) or fraction thereof of deficiency.(7-1-25)

IDAPA 02.02.12.431 (Reserved)

IDAPA 02.02.12.480 Commodity Indemnity Fund

The Commodity Indemnity Fund applies to entities governed by Chapter 2, Title 69, Idaho Code, and Chapter 5, Title 69, Idaho Code, warehouses and dealers, respectively, unless otherwise specified.(3-15-22)

01.Rate of Assessment. The rate of assessment is two-tenths of one percent (.2%) of the total value at the time of sale of the commodities pursuant to Section 69-257(2), Idaho Code. The maximum rate of assessment shall not exceed two-tenths of one percent (.2%) of the total gross dollar amount, without deductions, due the producer. The Director may establish a lower rate of assessment whenever he deems it advisable or as recommended by the advisory committee established by Section 69-261, Idaho Code.(3-15-22)

a.The rate of assessment on commodity withdrawn by its producer from open storage is one cent ($.01) per hundredweight (CWT) of commodity at the time of withdrawal.(3-15-22)

b.If the amount of the assessment for a producer on all deposits made in a calendar year is calculated to be less than fifty cents ($.50), no assessment will be collected. If deposits exceed the fifty cent ($.50) limit, all assessments will be collected.(3-15-22)

02.Exemptions to Assessments. Producers are not eligible to participate in CIF and no assessments can be collected in the following cases.(3-15-22)

a.If a producer has a financial or management interest in a licensed warehouse or licensed commodity dealer, except members of a cooperative marketing association qualified under Title 22, Chapter 26, Idaho Code.(3-15-22)

b.If a producer sells to another producer, none of which are a licensed warehouseman or a licensed commodity dealer.(3-15-22)

c.If a producer deposits or delivers commodity to an unlicensed entity pursuant to Title 69, Chapters 2 or 5, Idaho Code.(3-15-22)

d.Non-producers or producers delivering commodity that was grown on land not situated within the borders of the state of Idaho are exempt from paying assessments.(3-15-22)

IDAPA 02.02.12.481 How Assessments Are to Be Calculated

Assessments are calculated as follows:(7-1-25)

01.Cash Sale or Credit Sale Contract. In a cash sale or credit sale contract on the contract price of the commodity at the time of sale.(3-15-22)

02.Open Storage or Deposit for Service. When commodity is withdrawn from storage by the producer, the assessment will be one cent ($.01) per hundred weight (CWT) at the time of withdrawal.(3-15-22)

03.Unpaid Assessments. If any assessment is unpaid and a failure occurs, the amount of the unpaid assessment will be deducted from any CIF recovery paid to the producer.(3-15-22)

04.Incidental Costs and Expenses. All incidental costs and expenses including, but not limited to transportation, cleaning, in and out charges, insurance, taxes or additional services or charges are not included in the calculation to determine the assessment.(3-15-22)

IDAPA 02.02.12.482 Recordkeeping and Payment Schedule

01.Permanent Record.

Each warehouse and dealer shall maintain a permanent record showing producer's name and address, lot or identification number, date assessment collected, amount of assessment, commodity assessed, quantity of commodity, gross dollars of settlement and check number issued to producer.

02.Payment of Assessment by Mail. If assessment is paid by mail, the payment must be postmarked not later than the twentieth day of the month following the close of the quarter to avoid interest and penalty charges.

(7-1-25)

03.Notice. The notice and rate of assessment or a copy of the official notice of suspension of assessment are to be posted in a conspicuous place in the warehouse or dealer facility.(3-15-22)

IDAPA 02.02.12.483 Trust Funds

All assessments collected by warehouses and dealers in compliance with Chapters 2 and 5, Title 69, Idaho Code, shall, immediately upon payment to and collection by the warehouse or dealer, be trust fund money and held for payment to the Department for the CIF. Such money shall not, for any purpose, be considered to be a part of the proceeds of any transaction between a depositor and warehouse or dealer for which the collection and payment of the assessment was related and shall not be subject to an encumbrance, security interest, execution or seizure on account of any debt owed by the warehouse or dealer to any of their creditors.(3-15-22)

IDAPA 02.02.12.484 Penalties for Failure to Collect, Account

FOR, OR REMIT ASSESSMENTS.

Failure to collect, account for, or remit assessments , or violations of the statutory requirements of Chapters 2 and 5, Title 69, Idaho Code, as it relates to the CIF are grounds for the immediate demand on the warehouse, dealer bond, letter of credit, or certificate of deposit, and the undertaking by the Director of any other remedy provided by law.

IDAPA 02.02.12.485 Return of Commodity Due to Failure

In the event of failure, the Department may:(7-1-25)

01.Identifiable Commodity. Return specifically identifiable commodity or as much as is available to its producer in full or partial satisfaction of indebtedness; or(3-15-22)

02.Fungible Commodity. If the commodity is fungible, an amount equal to the producer’s original deposit or if insufficient fungible commodity is available, a pro-rata share to all producers of the commodity; and

03.Shortfall in Commodity Distribution. Any shortfall in commodity distribution may be submitted as a claim against the CIF.(3-15-22)

IDAPA 02.02.12.486 (Reserved)

IDAPA 02.02.12.501 No Price Established (npe) Contract Claims on the Fund

NPE contracts shall be executed in w riting, dated, and signed by all parties to the contract.(7-1-25)

01.NPE Clause. An NPE contract shall have the following statement: “No claim shall be paid from the CIF pursuant to Section 69-263, Idaho Code, if a producer files his claim more than one hundred eighty (180) days from the date the contract is executed.”(3-15-22)

02.NPE Contract List. A warehouseman shall maintain a list of all NPE contracts written in a calendar year that reflects the producers name, contract number, agricultural commodity, and date of the contract.

03.NPE Contract Renewal Period. A producer may renew an NPE contract.(7-1-25)

IDAPA 02.02.12.502 (Reserved)

02.04.03 Rules Governing Animal Industry

IDAPA 02.04.03.000 Legal Authority

Sections 22-103(20), 25-203, 25-207, 25-207B, 25-212, and 25-804, 25-3704 Idaho Code.(7-1-25)

IDAPA 02.04.03.001 Scope

These rules govern procedures for the pre vention, control and eradication of diseases among the animals in the state of Idaho and the declaration of an animal health emergency.(7-1-25)

IDAPA 02.04.03.002 (Reserved)

IDAPA 02.04.03.011 Abbreviations

01.APHIS.

Animal and Plant Health Inspection Service.(3-15-22)

02.CFR. Code of Federal Regulations.(3-15-22)

03.CVI. Certificate of Veterinary Inspection.(7-1-25)

04.NASAHO. National Assembly of State Animal Health Officials.(7-1-25)

05.USDA. United States Department of Agriculture.(3-15-22)

06.VS. Veterinary Services.(3-15-22)

IDAPA 02.04.03.012 (Reserved)

SUBCHAPTER A – ANIMAL INDUSTRY

IDAPA 02.04.03.104 Incorporation by Reference

The following documents are incorporated by reference and apply only to Subchapter A, Sections 110-460:

01.Incorporated Documents.(3-15-22)

a.The USDA Pseudorabies Eradication State-Federal-Industry Program Standards, November 1, 2003, which can be viewed online at http://www.aphis.usda.gov/animal_health/animal_diseases/pseudorabies/ downloads/program_stds.pdf https://www.aphis.usda.gov/sites/default/files/prv_program_standards.pdf.(7-1-25)

b.Title 9, Part 161, CFR, January 1, 2024, which can be viewed online at https://www.ecfr.gov/ current/title-9/chapter-I/subchapter-J/part-161.(7-1-25)

IDAPA 02.04.03.105 (Reserved)

IDAPA 02.04.03.110 Definitions

The definitions in Section 110 apply in the interpretat ion and enforcement of Subchapter A only:(7-1-25)

01.Accredited Veterinarian. A veterinarian approved by the Administrator and USDA/APHIS/VS, in accordance with the provisions of Title 9, Part 161, Code of Federal Regulations.(7-1-25)

02.Animal. Any vertebrate member of the animal kingdom, except man.(3-15-22)

03.Approved Pseudorabies Vaccine. Any pseudorabies vaccine produced under current USDA license and intended for immunizing swine against pseudorabies.(3-15-22)

04.Cachexia. Weakness and emaciation caused by a serious disease such as tuberculosis or cancer.

05.Epithelioma. Cancer or tumor.(3-15-22)

06.Equidae. Horses, ponies, mules, asses, and zebras.(3-15-22)

07.Exposed Livestock. Any livestock that have been in contact with an animal infected with, or affected by, any contagious, infectious or communicable disease, including all livestock in a known infected herd.

08.Gamebirds. Domesticated gallinaceous fowl such as pheasants, partridge, quail, grouse, and guineas.(3-15-22)

09.Garbage. Putrescible animal and vegetable waste containing animal parts resulting from the handling, preparation, processing, cooking or consumption of foods.(3-15-22)

10.Hatching Eggs. Fertilized eggs.(3-15-22)

11.Herd. Any group of livestock maintained on common ground for any purpose, or two (2) or more groups of livestock under common ownership or supervision, geographically separated, but which have an interchange or movement of animals without regard to whether the animals are infected with or exposed to contagious, infectious, or communicable animal diseases.(7-1-25)

12.Infected Livestock. Any herd of livestock or individual animal determined to be infected with a contagious, infectious, or communicable disease by an official test or diagnostic procedure, or diagnosed by a veterinarian as infected.(7-1-25)

13.Interstate Movement. Movements of livestock and poultry from Idaho into any other state, territory or the District of Columbia or from any other state, territory or the District of Columbia into Idaho.

14.Intrastate Movement. Movement of any animal from one (1) location to another location within Idaho.(3-15-22)

15.Livestock. Swine, cattle, sheep, goats, equidae, domestic bison, domestic cervidae, camelids, ratites, and other domestically raised animals.(3-15-22)

16.Necrosis. Death of tissue.(3-15-22)

17.Negative. An animal that has been tested with official test procedures and is found to be negative.

18.Neoplastic Tissue. New growth or tissue associated with a tumor.(3-15-22)

19.Official Pseudorabies Test. Any test for the diagnosis of pseudorabies that has been approved by USDA/APHIS and is conducted by a state/federal approved laboratory.(3-15-22)

20.Orbital Region. The cavity containing the eye and surrounding bones.(3-15-22)

21.Positive. An animal that has been tested and confirmed positive with official disease test procedures and is considered infected with any contagious, infectious, or communicable disease.(7-1-25)

22.Poultry. Domesticated fowl, including chickens, turkeys, waterfowl, and gamebirds.(3-15-22)

23.Pseudorabies. The contagious, infectious, and communicable disease of livestock and other animals also known as Aujeszky’s disease, mad itch or infectious paralysis.(3-15-22)

24.Quarantine. A written order, or a verbal order followed by a written order, executed by the Administrator, to confine or hold animals on a premise or any other location, and to prevent movement of animals from a premise or any other location when the Administrator has determined that the animals have been found or are suspected to be exposed to or infected with any contagious, infectious, or communicable disease, or the animals are not in compliance with the provisions of this chapter.(3-15-22)

25.Quarantined Area. The counties, areas, or districts, portions thereof, quarantined by the Division of Animal Industries for specific contagious, infectious, or communicable animal diseases.(3-15-22)

26.Quarantined. Isolation of all animals diseased or exposed thereto, from contact with healthy animals and exclusion of such healthy animals from enclosures or grounds where said diseased or exposed animals are, or have been kept.(3-15-22)

27.Ratites. Large, non-flying birds including, but not limited to ostriches, emus, cassowaries, and rheas.(3-15-22)

28.Restrain. The confinement of livestock, or other animals, in a chute, or other device, for the purpose of efficiently, effectively, and safely inspecting, treating, vaccinating, or testing, as approved by the Administrator.(3-15-22)

29.Stockyards. A facility where trading in livestock is carried on, where yarding, feeding and watering places are provided by the stockyards or transportation companies, or where livestock associations or similar companies maintain corrals for feeding, shearing, dipping and separating animals.(3-15-22)

30.Suppuration. The formation of pus.(3-15-22)

31.Suspect. An animal that has a response to an official test, but the response is not sufficient to confirm the disease status of the animal tested.(7-1-25)

32.Swine. All breeds of domestic porcine and all wild and exotic porcine.(3-15-22)

33.Swine Feedlot. Premises designed and used exclusively for the finish feeding of swine, from which the swine will be moved directly to slaughter.(3-15-22)

34.Waterfowl. Domesticated fowl that normally swim such as ducks and geese.(3-15-22)

IDAPA 02.04.03.111 Abbreviations

01.AGID.

Agar gel immunodiffusion.(3-15-22) 02.c-ELISA. Competitive Enzyme Linked Immunosorbent Assay.(3-15-22)

03.EIA. Equine Infectious Anemia.(3-15-22)

04.NPIP. National Poultry Improvement Plan.(3-15-22)

IDAPA 02.04.03.112 (Reserved)

IDAPA 02.04.03.114 Samples for Official Regulatory Tests

No person shall collect samples, in Idaho, for official regulatory tests except:(3-15-22)

Accredited Veterinarians.(3-15-22)

02.State or Federal Animal Health Officials.(3-15-22)

03.Persons Approved by the Administrator.(3-15-22)

IDAPA 02.04.03.115 (Reserved)

IDAPA 02.04.03.120 Disinfection of Premises, Buildings and Vehicles

The Administrator is authorized to order the cleaning and disinfecting of any facilities, equipment, or vehicles which have been used in confining, handling, or transporting any animals exposed to, affected by, or infected with any contagious, infectious, or communicable diseases.(7-1-25)

01.Supervision of Cleaning and Disinfection. State or federal animal health officials may supervise and/or verify the cleaning and disinfecting of such premises or conveyances.(7-1-25)

02.Owner Responsibility. The owner of such premises or conveyances, is responsible for cleaning and disinfecting when directed to do so by the Administrator.(3-15-22)

03.Disinfectants. Only disinfectants approved by USDA or the Administrator may be used. (3-15-22)

IDAPA 02.04.03.121 (Reserved)

IDAPA 02.04.03.130 Slaughtering of Diseased Animals

01.Authorized by Law.

When, in order to prevent the spread of contagious, infectious or communicable disease, it becomes necessary to slaughter any diseased or exposed livestock, the purchase of such livestock by the state is authorized by law, and an appropriation is available therefore, the value of the livestock is ascertained and compensation made therefore in accordance with the rules hereinafter provided. (3-15-22)

02.Not Authorized by Law. When, in order to prevent the spread of or to eradicate any contagious, infectious or communicable disease among any animals of this state, it becomes necessary to slaughter or destroy any diseased or exposed animals, and the purchase of such animals by the state is not authorized, and an appropriation not available therefore, the said animals shall be slaughtered under federal meat inspections rules and regulations, or destroyed and disposed of in accordance with IDAPA 02.04.17, “Rules Governing Dead Animal Movement and Disposal.”(3-15-22)

IDAPA 02.04.03.131 (Reserved)

IDAPA 02.04.03.140 Inspection of Animals

The owner of any animal being inspected shall assist, in any manner required, state or federal health of ficials and shall not interfere with the inspection.(7-1-25)

IDAPA 02.04.03.141 (Reserved)

IDAPA 02.04.03.145 Certificates of Veterinary Inspection

A physical or electronic copy of CVIs issued by an accredited veterinarian shall accompany the livestock to its’ destination.(7-1-25)

01.Approved Certificates. All certificates of veterinary inspection must be an electronic CVI approved by the NASAHO and issued by an accredited veterinarian.(7-1-25)

IDAPA 02.04.03.146 (Reserved)

IDAPA 02.04.03.150 State and Federal Seals

No person may break, or in any way tamper with, a seal or other device applied to premises or conveyances by state or federal animal health officials, except:(3-15-22)

01.State or Federal Animal Health Officials; or(3-15-22)

02.Persons Designated by the Administrator.(3-15-22)

IDAPA 02.04.03.151 Notification of Broken Seals

Any person who discovers a state or federal seal that has been broken, tampered with, or is missing shall immediately notify the Administrator.(3-15-22)

IDAPA 02.04.03.152 Livestock Identification Removal

No person, except persons authorized by the Administrator, m ay remove or tamper with any state or federal livestock identification, including but not limited to:(3-15-22)

01.Official Vaccination Tags.(3-15-22)

02.Official Identification Tags.(3-15-22)

03.Trichomoniasis Tags.(3-15-22)

04.Identification Tattoos.(3-15-22)

IDAPA 02.04.03.153 (Reserved)

IDAPA 02.04.03.200 Artificial Insemination

01.License Application.

Any person desiring to practice artificial insemination of domestic animals may file an application for a license on an application form furnished by the Administrator and accompanied by a license fee of twenty-five ($25) dollars.(3-15-22)

02.Temporary License. Temporary license to practice artificial insemination under the direct supervision of a licensed inseminator or veterinarian may be granted by the administrator, until such time as the next insemination course and examination is given.(3-15-22)

IDAPA 02.04.03.201 (Reserved)

IDAPA 02.04.03.210 Cancer Eye - Epithelioma

Any animal offered for sale and found to be affected with ep ithelioma of the eye or of the orbital region shall be humanely euthanized, or disposed of for immediate slaughter directly to:(7-1-25)

01.Animal Rendering Plants; or(3-15-22)

02.Fur Farms. Fur or mink farm or other establishment as approved by the Administrator. (3-15-22)

IDAPA 02.04.03.211 Epithelioma -- Public Livestock Markets

Any animal entering a public livestock market that is affected, as described in Section 210 of this rule, shall be held onl y in the quarantine pen and sold only there from.(3-15-22)

IDAPA 02.04.03.212 (Reserved)

IDAPA 02.04.03.230 Biologicals

Veterinary serums, vaccines, recombinant vaccines , bacterins, biologic remedies, diagnostic agents, immunoassay agents and diagnostic probes (“biologicals”) used in the treatment or diagnosis of disease of livestock, poultry, domestic animals, fish or fur bearing animals shall not be imported into or sold, distributed, or used within the state of Idaho unless such biologicals have been produced under a license by the United States Department of Agriculture and the manufacturers shall have a permit issued by the Idaho Department of Agriculture, Division of Animal Industries.

(7-1-25)

IDAPA 02.04.03.231 (Reserved)

IDAPA 02.04.03.250 Equidae -- Equine Infectious Anemia

Official tests for EIA include the AGID test, the C-ELISA test, and other EIA tests approved by USDA or the Administrator.(3-15-22)

01.Blood Samples. Equine blood samples collected for official EIA tests shall be collected by a state or federal animal health official or an accredited veterinarian who is licensed in the state in which the animal being tested is located.(3-15-22)

02.Official Samples. Official EIA test samples shall be accompanied to the testing laboratory by an official EIA submission form approved by USDA or the Administrator which includes the physical description and identification of the animal being tested.(7-1-25)

03.Official Tests. Official EIA tests shall be conducted in a laboratory approved by USDA or the state of Idaho to conduct EIA tests.(3-15-22)

IDAPA 02.04.03.251 Eia Is a Reportable Disease

All laboratories conducting EIA tests on Idaho origin equidae shall report positive results of all EIA tests to the Administrator of Animal Industries within twenty-four (24) hours of such test or diagnosis.(7-1-25)

IDAPA 02.04.03.252 Eia Infected Animals

Any equidae which are positive to an official EIA test are to be declared infected with EIA and designated as an EIA reactor. The Administrator may require or recommend a re-test of EIA reactors in order to confirm infection or identification of the animal. In cases where a confirmatory test is conducted, the final determination of infection will be delayed until the results of the confirmatory test are available. The animal on which a confirmatory test is to be conducted will be placed under an official Hold Order until the results of the confirmatory test are available.

IDAPA 02.04.03.253 Disposition of Eia Reactors

Equidae found to be infected with EIA shall:(3-15-22)

Quarantined. Be quarantined to the premises where the animal was found to be infected, the owner’s premises, or another premises that is approved by the Administrator.(3-15-22)

02.Duration of Quarantine. Remain under quarantine until it is:(3-15-22)

a.Consigned to slaughter at a USDA approved equine slaughter establishment; or(3-15-22)

b.Euthanized and buried or incinerated; or(3-15-22)

c.Donated to a university or other research facility for use in EIA research projects.(3-15-22)

IDAPA 02.04.03.254 Isolation of Eia Reactors

The quarantine premises or area for EIA reactors shall provide no less than two-hundred (200) yards s eparation from all other equidae. The quarantine area and quarantined animals therein may be monitored periodically by state or federal animal health officials to ensure that provisions of the quarantine are being met.(3-15-22)

IDAPA 02.04.03.255 Identification of Eia Reactors

All equidae found to be infected with EIA shall be identified with an “82 A”, at least two (2) inches high, hot iron or freeze brand on the left neck or left shoulder of the animal. Identification as an EIA reactor shall be accomplished within fifteen (15) days of notification that the animal is infected with EIA.(3-15-22)

IDAPA 02.04.03.256 Exposed Equidae

EIA exposed equidae may include all equidae that are held within two-hundred (200) yards of the location where an EIA reactor is or was maintained.(3-15-22)

01.Hold Order. Exposed equidae shall be placed under a Hold Order until the animals have been tested negative to EIA at least sixty (60) days after the last reactor animal has been removed from the premises.

02.Movement of Exposed Equids. Individual exposed equids, which have not had a negative sixty (60) day test, may be allowed to move under Hold Order for specific purposes if they have a negative EIA test prior to movement. Such movement shall not be for longer than fifteen (15) days.(3-15-22)

IDAPA 02.04.03.257 Extended Validity Equine Certificates

Idaho origin equidae may be moved from Idaho for shows, rid es, or other equine events and return to Idaho on an extended validity equine certificate system approved by the Administrator.(7-1-25)

IDAPA 02.04.03.258 (Reserved)

IDAPA 02.04.03.300 Foreign Animal and Reportable Diseases

It is the duty of all persons in Idaho to immediately report to the Administrator any lesions or symptoms resembling any of the foreign animal and reportable diseases listed in Subchapter A, if observed in any animals in Idaho. The Administrator may add a foreign animal and reportable disease by issuing an administrative order explaining in writing the reasons for requiring the disease to be reported.(7-1-25)

IDAPA 02.04.03.301 Foreign Animal and Reportable

DISEASES: MULTIPLE SPECIES.

01.Anthrax.(3 -15-22)

02.Brucellosis.(3-15-22)

03.Foot and Mouth Disease.(3-15-22)

04.Heartwater.(3-15-22)

05.Leishmaniasis.(3-15-22)

06.Plague (Yersinia pestis).(3-15-22)

07.Pseudorabies.(3-15-22)

08.Q Fever (Coxiella burnetti).(3-15-22)

09.Rabies.(3-15-22)

10.Rift Valley Fever.(3-15-22)

11.Scabies.(3-15-22)

12.Screw Worms.(3-15-22)

13.Theileriosis.(3-15-22)

14.Trypanosomiasis.(3-15-22)

15.Tuberculosis.(3-15-22)

16.Tularemia.(3-15-22)

17.Vesicular Stomatitis.(3-15-22)

IDAPA 02.04.03.302 Foreign Animal and Reportable

DISEASES: AVIAN DISEASES.

01.Avian Influenza.

02.Avian Chlamydiosis (Psittacosis).(3-15-22)

03.Exotic Newcastle Disease.(3-15-22)

IDAPA 02.04.03.303 Foreign Animal and Reportable Dise

ASES: BOVINE DISEASES.

01.Babesiosis.

02.Bovine Brucellosis (B. abortus).(3-15-22)

03.Bovine Spongiform Encephalopathy.(3-15-22)

04.Bovine Tuberculosis.(3-15-22)

05.Contagious Bovine Pleuropneumonia.(3-15-22)

06.Crimean Congo Hemorrhagic Fever.(3-15-22)

07.Lumpy Skin Disease.(3-15-22)

08.Malignant Catarrhal Fever (Foreign Type).(3-15-22)

09.Rinderpest.(3-15-22)

10.Trichomoniasis.(3-15-22)

IDAPA 02.04.03.304 Foreign Animal and Reportable Diseases: Cervidae Diseases

Chronic Wasting Disease is a rep ortable disease.(3-15-22)

IDAPA 02.04.03.305 Foreign Animal and Reportable Dise

ASES: EQUINE DISEASES.

01.African Horse Sickness.

02.Contagious Equine Metritis.(3-15-22)

03.Dourine.(3-15-22)

04.Equine Encephalomyelitis (Eastern, Western, Venezuelan).(3-15-22)

05.Equine Infectious Anemia.(3-15-22)

06.Equine Piroplasmosis (Babesiosis).(3-15-22)

07.Equine Viral Arteritis.(3-15-22)

08.Glanders.(3-15-22)

09.Hendra Virus.(3-15-22)

10.Japanese Encephalitis.(3-15-22)

11.Surra (Trypanosoma evansi).(3-15-22)

IDAPA 02.04.03.306 Foreign Animal and Reportable Dise

ASES: FISH DISEASES.

01.Asian Tapeworm of Carp.

02.Oncorhynchus Masou Virus Disease.(3-15-22)

03.Spring Viremia of Carp.(3-15-22)

04.Viral Hemorrhagic Septicemia.(3-15-22)

IDAPA 02.04.03.307 Foreign Animal and Reportable Dise

ASES: LAGOMORPH DISEASES.

Rabbit Hemorrhagic Disease is a reportable diseas

e.(3-15-22)

IDAPA 02.04.03.308 Foreign Animal and Reportable Diseases: Sheep and Goat Diseases

01.Contagious Caprine Pleuropneumonia.

02.Nairobi Sheep Disease.(3-15-22)

03.Ovine Brucellosis (B. melitensis).(3-15-22)

04.Peste des Petits Ruminants.(3-15-22)

05.Scrapie.(3-15-22)

06.Sheep and Goat Pox.(3-15-22)

IDAPA 02.04.03.309 Foreign Animal and Reportable

DISEASES: SWINE DISEASES.

01.African Swine Fever.

02.Classical Swine Fever (Hog Cholera).(3-15-22)

03.Enterovirus Encephalitis (Teschen Disease).(3-15-22)

04.Nipah Virus Encephalitis.(3-15-22)

05.Porcine Brucellosis (B. suis).(3-15-22)

06.Swine Vesicular Disease.(3-15-22)

IDAPA 02.04.03.310 (Reserved)

IDAPA 02.04.03.330 Notifiable Diseases

All veterinarians licensed to practice in Idaho shall report any notifiable diseases listed in Subchapter A to the Administrator. The Administrator may add a notifiable disease by issuing an administrative order explaining in writing the reasons for requiring the disease to be reported.(3-15-22)

IDAPA 02.04.03.331 Notifiable Diseases: Mixed Species Diseases

West Nile Virus is a notifiable disease.(3-15-22)

IDAPA 02.04.03.332 Notifiable Diseases: Avian Diseases

01.Avian Mycoplasmosis (M. g allisepticum and M. synoviae).(3-15-22)

02.Fowl Typhoid (Salmonella gallinarum).(3-15-22)

03.Pullorum Disease (Salmonella pullorum).(3-15-22)

IDAPA 02.04.03.333 Notifiable Diseases: Bovine Diseases

01.Hemorrhagic Septicemia (Pasteurel la multocida).(3-15-22)

02.Malignant Catarrhal Fever (Sheep Associated).(3-15-22)

IDAPA 02.04.03.334 Notifiable Diseases: Equine Diseases

01.Equine Herpesvirus M yeloencephalopathy.(3-15-22)

02.Equine Rhinopneumonitis.(3-15-22)

IDAPA 02.04.03.335 Notifiable Diseases: Fish Diseases

01.Epizootic Hematopoietic Necrosis.

02.Infectious Hematopoietic Necrosis.(3-15-22)

03.Whirling Disease.(3-15-22)

IDAPA 02.04.03.336 Notifiable Diseases: Lagomorph Diseases

Myxomatosis is a notifiable disease.(3-15-22)

IDAPA 02.04.03.337 Notifiable Diseases: Sheep and Goat Diseases

01.Bluetongue.

02.Caprine Arthritis/Encephalitis (CAE).(3-15-22)

03.Caseous Lymphadenitis.(3-15-22)

04.Contagious Agalactia (Mycoplasma spp.).(3-15-22)

05.Enzootic Abortion (Chlamydia psittici).(3-15-22)

06.Footrot.(3-15-22)

07.Haemonchus Contortus (drug-resistant).(3-15-22)

08.Johne’s Disease.(3-15-22)

09.Maedi-Visna/Ovine Progressive Pneumonia (OPP).(3-15-22)

10.Ovine Epididymitis (Brucella ovis).(3-15-22)

11.Toxoplasma Gondii Abortion.(3-15-22)

12.Vibrionic Abortion (Campylobacter fetus).(3-15-22)

IDAPA 02.04.03.338 Notifiable Diseases: Swine Diseases

01.Porcine Reproductive and Respiratory Syndrome (PRRS).

02.Transmissible Gastroenteritis.(3-15-22)

IDAPA 02.04.03.339 (Reserved)

IDAPA 02.04.03.400 Pseudorabies -- Procedures for Control and Eradication

01.Sale of Infected Animals.

All swine on pseudorabies-infected premises shall be sold for slaughter under permit within fifteen (15) days of diagnosis.(7-1-25)

02.Vaccine. No person shall import into Idaho, possess, use, keep, buy, sell, offer for sale, barter, exchange, give away, or otherwise dispose of any pseudorabies vaccine without written permission from the Administrator.(7-1-25)

03.Identification of Infected and Exposed Swine. All seropositive and infected swine are to be individually identified by placing a reactor ear tag in the left ear of the animal within five (5) days of being reported as positive or infected. All exposed swine removed from the premises of origin are to be administered official identification in the right ear of the animal prior to removal. Individual identification may be waived for swine moving directly to slaughter, on a permit, in a sealed vehicle.(7-1-25)

IDAPA 02.04.03.401 (Reserved)

SUBCHAPTER B – ANIMAL HEALTH EMERGENCIES

IDAPA 02.04.03.504 (Reserved)

IDAPA 02.04.03.510 Definitions

The following apply in the interpretation and enforcement of Subchapter: B only:(7-1-25)

Animals. All vertebrates, except humans.(3-15-22)

02.Animal Health Emergency. The discovery of any disease that could have a devastating impact on livestock, other animals, or people of this state, that requires immediately implementation of prevention, management, control, or eradication measures.(7-1-25)

03.Conveyance. Any type of vehicle, carrier, kennel, or trailer of any kind used to move or hold animals.(3-15-22)

04.Domestic Cervidae. Elk, fallow deer, and reindeer owned by a person.(3-15-22)

05.Emergency Disease. A disease, agent or parasite that could have a devastating impact on people, animals, or the economy as determined by the Director.(3-15-22)

06.Epidemiology. The study of the distribution and determinants of health-related states or events in specified populations, and the application of this study to control of health problems.(3-15-22)

07.Exposed. Animals that have had contact with other animals, herds, or materials that have been determined to be infected with or affected by any infectious, contagious, or communicable disease.(3-15-22)

08.Federal Animal Health Official. An employee of USDA/APHIS/VS who is authorized to perform animal health activities.(3-15-22)

09.Foreign Animal Disease. A transmissible disease of animals, believed to not exist in the United States and its territories, as determined by USDA that has a potential significant health or economic impact.

10.Infected Zone. The geographic portion of a quarantine area, which contains all animals known to be infected with or exposed to an emergency disease as designated by the Administrator.(3-15-22)

11.Livestock. Cattle, swine, horses, mules, asses, sheep, goats, domestic cervidae, camelids, and ratites.(3-15-22)

12.Operator. The person who has authority to manage or direct an animal premises or conveyance and the animals thereon.(3-15-22)

13.Premises. The ground area, buildings, corrals, and equipment utilized to keep, hold or maintain animals.(3-15-22)

14.Quarantine. A written order, executed by the Administrator, to confine or hold animals on a premises or any other location, where found, and prevent movement of animals from a premises or any other location when the Administrator has determined that the animals are infected with or exposed to a disease, or are not in compliance with the provisions of this chapter.(3-15-22)

15.Quarantine Area. A geographic designation encompassing one (1) or more premises in one (1) or more counties, and consisting of an infected zone and a surveillance zone as determined by the Administrator.

16.State Animal Health Official. The Administrator, or his designee, who is responsible for disease control and eradication programs.(3-15-22)

17.Surveillance Zone. The geographic portion of the quarantine area surrounding the infected zone as designated by the Administrator.(3-15-22)

IDAPA 02.04.03.511 (Reserved)

IDAPA 02.04.03.522 Declaration of an Animal Health Emergency

The Director is authorized to declare an animal health emergency upon the discovery of:(7-1-25)

01.Foreign Animal Disease. Or;(7-1-25)

02.Eradicated Diseases.(7-1-25)

IDAPA 02.04.03.523 Utilization of Vaccination in Animal Health Emergencies

The Administrator is authorized to order the strategic use of vaccinations, trea tments or other remedies to reduce the risk or spread of emergency diseases.(3-15-22)

IDAPA 02.04.03.524 (Reserved)

IDAPA 02.04.03.532 Quarantine Area Security

The Administrator may limit access of people and vehicles to the quarantine area.(3-15-22)

IDAPA 02.04.03.533 Quarantine Area Bio-Security

Bio-security of the quarantine area will b e instituted and maintained.(3-15-22)

01.Personnel. People entering or leaving the quarantine area will follow disinfection or decontamination guidelines and procedures established by state or federal animal health officials.(3-15-22)

02.Vehicles and Equipment. Vehicles and equipment moving into or out of the quarantine area will be cleaned and disinfected or decontaminated according to guidelines and procedures established by state or federal animal health officials.(3-15-22)

IDAPA 02.04.03.534 Exposure of Another’s Animals Not Allowed

Animals infected with or exposed to an emergency disease or any disease not known to exist in Idaho shall not be:

1. Housed. Housed with, or adjacent to, another person’s animals that have not been previously exposed or land used for raising such animals; or(3-15-22)

02.Turned Out. Turned out with, or adjacent to, another person’s animals that have not been previously exposed or land used for raising such animals.(3-15-22)

IDAPA 02.04.03.535 Movement or Sale of Animal Products

The Administrator may prohibit the movement or sale of products from animals infected with or exposed to an emergency disease.(3-15-22)

IDAPA 02.04.03.536 (Reserved)

IDAPA 02.04.03.541 Animals in Transit at Time of Declared Emergency

The Administrator will determine the disposition of animals in transit at the time of the declaration of an animal health emergency.(3-15-22)

IDAPA 02.04.03.542 (Reserved)

IDAPA 02.04.03.570 Compensation for Appraised Animals

Owners of condemned animals will be comp ensated for animals ordered destroyed by the Administrator if the animals are appraised prior to depopulation, and the owner is in compliance with these rules. Compensation may be paid on animals that die or are depopulated before appraisal at the discretion of the Administrator.(3-15-22)

IDAPA 02.04.03.571 Compensation for Animals Destroyed

State compensation is limited to appraised value less an y federal indemnity and salvage value for animals condemned, and slaughtered or otherwise destroyed.(3-15-22)

IDAPA 02.04.03.572 Appraisal Procedure for Animals Depopulated

01.Animal Appraisal.

Animals to be depopulated shall be appraised by a team of three (3) persons including:(3-15-22)

a.The owner; and(3-15-22)

b.A person with experience marketing the species of animal as determined by the Administrator.

02.Dispute of Appraisal. When the appraisal price is in dispute, the Director may grant a hearing to any person, under such rules as the Department may prescribe which are in compliance with Title 67, Chapter 52, Idaho Code.(3-15-22)

IDAPA 02.04.03.573 (Reserved)

IDAPA 02.04.03.580 Compensation for Labor Employed

01.Disposal of Animals.

The Department may pay actual costs for labor employed for disposal of animals depopulated at the direction of the Administrator.(3-15-22)

02.Cleaning and Disinfection. The Department may pay actual costs for labor employed in the cleaning and disinfection of premises where infected or exposed animals were kept.(3-15-22)

IDAPA 02.04.03.581 Compensation for Property Destroyed

The Department will compensate owners for property ordered destro yed by the Administrator.(3-15-22)

01.Property Destroyed Otherwise. The department may compensate owners for property otherwise destroyed as approved by the Administrator.(3-15-22)

02.Actual Value. The Department will pay actual value of property destroyed, as determined by the Administrator, if compensation is paid.(3-15-22)

IDAPA 02.04.03.582 (Reserved)

02.04.26 Rules Governing the Public Exchange of Livestock

IDAPA 02.04.26.000 Legal Authority

Sections 25 -203, 25-305, 25-401, 25-601, 25-1723(b), and 25-3520, Idaho Code.(7-1-26)

IDAPA 02.04.26.001 Scope

These rules govern the record keeping of livestock dealers and facil ities, record keeping, identification, quarantine and movement of livestock through buying stations, trader lots and livestock markets.(7-1-26)

IDAPA 02.04.26.002 (Reserved)

SUBCHAPTER A – LIVESTOCK DEALERS, BUYING STATIONS, AND LIVESTOCK TRADER LOTS

IDAPA 02.04.26.110 Definitions

The definitions apply in the interpretation and enforcement of Subchapter A only.(3-15-22)

Accredited Veterinarian. A veterinarian approved by the Idaho State Department of Agriculture (ISDA) Administrator of the Division of Animal Industries (Administrator) and the United States Department of Agriculture (USDA)/Animal and Plant Health Inspection Service (APHIS)/Veterinary Services (VS), in accordance with provisions of Tile 9, Part 161, Code of Federal Regulations.(7-1-26)

02.Approved Slaughter Establishment. A USDA inspected slaughter establishment where antemortem and post-mortem inspection is conducted by USDA inspectors.(3-15-22)

03.Cattle. All domestic bovidae including domestic bison, owned by a person.(7-1-26)

04.Domestic Cervidae. Elk, fallow deer, and reindeer owned by a person.(3-15-22)

05.Livestock. Cattle, domestic bison, swine, horses, mules, asses, domestic cervidae, sheep, goats, camelids, and ratites.(3-15-22)

06.Official Identification. A nationally unique number, usually affixed to an APHIS approved device, that is permanently associated with an animal or group of animals that adheres to an identity standard or method approved by the Administrator.(7-1-26)

07.Premises. The ground, area, buildings, corrals, and equipment utilized to keep, hold, or maintain animals.(3-15-22)

08.Previous Location. The premises where cattle were confined immediately prior to delivery to a buying station, livestock trader lot, or purchase by a livestock dealer.(3-15-22)

09.Restraint. The confinement of cattle in a chute, or other device, for the purpose of efficiently, effectively, and safely inspecting, treating, vaccinating, or testing.(3-15-22)

10.State Animal Health Official. The Administrator, or his designee, responsible for disease control and eradication activities.(3-15-22)

11.Test Eligible. Unless otherwise specifically provided in these rules, all sexually intact cattle and domestic bison twelve (12) months of age and over, and all parturient, and postparturient cattle and domestic bison regardless of age.(7-1-26)

12.USDA Backtag. A backtag issued by APHIS that conforms to the eight-character alphanumeric National Backtagging System that provides unique identification for each animal.(3-15-22)

IDAPA 02.04.26.111 (Reserved)

IDAPA 02.04.26.120 Applicability

Subchapter A applies to livestock dealers, buying stations, and livestock trader lots operating in Idaho.(3-15-22)

IDAPA 02.04.26.121 (Reserved)

IDAPA 02.04.26.130 Inspections

State and federal animal health officials are authorized to inspect all records, premises, facilities, and livestock to ensure compliance with state or federal laws or rules.(7-1-26)

01.Entering and Inspection of Premises. State or federal animal health officials are authorized to enter buying stations or livestock trader lots and will attempt to notify the owner or operator of the premises prior to conducting a facility or records inspection. In an emergency, as determined by the Administrator, prior notification will not be required.(7-1-26)

IDAPA 02.04.26.131 (Reserved)

IDAPA 02.04.26.140 Livestock Treatment

Each livestock dealer, buying station and lives tock trader lot shall humanely treat all livestock. All non-ambulatory livestock shall be:(3-15-22)

01.Returned. Returned to premises of origin; or(3-15-22)

02.Fed and Watered. Provided adequate feed and clean water; or(3-15-22)

03.Euthanized. Humanely euthanized.(3-15-22)

IDAPA 02.04.26.141 (Reserved)

IDAPA 02.04.26.200 Livestock Dealer Records

Livestock dealers that do not operate buying stations or livestock trader lots shall keep complete and accurate records such that cattle purchased may be traced to the previous location, previous owner and the subsequent owner. Records must be maintained for a period of not less than two (2) years and shall be made available to the Administrator upon request.(7-1-26)

IDAPA 02.04.26.201 (Reserved)

IDAPA 02.04.26.220 Content of Records

Livestock dealer records shall include, but are not limited to:(3-15-22)

01.Owner Name, Telephone Number, and Address.(7-1-26)

02.Identification. All cattle shall be identified to their previous location with a form of identification approved by the Administrator.(3-15-22)

04.The Date of Purchase. The date individual cattle were purchased.(3-15-22)

05.Date of Sale. Date individual cattle were sold or changed ownership.(3-15-22)

06.Name, Telephone Number, and Address of the Purchaser of Cattle. The name, telephone number, and address of the person that purchased cattle from the livestock dealer.(3-15-22)

07.Death Loss. An accurate account of all death loss, including identification, and disposition of the dead cattle.(3-15-22)

IDAPA 02.04.26.221 (Reserved)

IDAPA 02.04.26.240 Approved Forms of Identification

The following are approved forms of identification.(3-15-22)

01.USDA Approved Official Identification.(7-1-26)

02.Registration Tattoo. Breed registration tattoo and corresponding registration papers.(3-15-22)

03.Brand Inspection. Statement of ownership such as a brand inspection certificate.(3-15-22)

04.Administrator Approval. The Administrator may approve other forms of individual identification on a case-by-case basis.(3-15-22)

05.Removal of Official Identification. It is unlawful to remove, tamper with or otherwise alter official livestock identification.(7-1-26)

IDAPA 02.04.26.241 (Reserved)

IDAPA 02.04.26.300 Approved Buying Stations

No livestock dealer shall operate a buying s tation prior to submitting an application and receiving approval from the Administrator. Applications shall be submitted to ISDA on a department-approved form. All cattle entering the buying station shall be shipped to an approved slaughter establishment within seven (7) days of arrival at the buying station.(7-1-26)

IDAPA 02.04.26.301 (Reserved)

IDAPA 02.04.26.302 Administrator Approval

Prior to approval by the Administrator, all facilities must be inspected by state officials to verify compliance with all buying station laws and rules. Past enforcement or violation history of the owner or operator of the facility may be taken into consideration when making the final determination.(7-1-26)

IDAPA 02.04.26.303 Approved Buying Station Number

To operate an approved buying station, the applicant must also hold an active livestock dealer license, issued by the State Brand Board, which will be used to identify the approved buying station.(7-1-26)

IDAPA 02.04.26.304 Expiration of Approved Status

Approved buying station status will expire on September 1 of each year. It is the responsibility of buying station management to apply each year for renewal of approved status.(7-1-26)

IDAPA 02.04.26.305 Revocation of Approved Buying Station Status

The Administrator may withdraw or deny the approval of any buyi ng station, by notifying the owner in writing, when one (1) or more of the following conditions exist:(7-1-26)

01.Recordkeeping Requirements. There is evidence that the owner or operator of the buying station violated the recordkeeping requirements of this rule, or animal health regulations.(3-15-22)

02.Inability to Trace Animals. There is a repeated history of an inability to trace cattle handled by the buying station to the previous location and owner.(7-1-26)

03.Violations. A buying station violates any of the provisions of Subchapter A.(3-15-22)

04.Owner Request. Requests to revoke approved status may be submitted in writing.(7-1-26)

05.Regulation Changes. Idaho approved buying station status may be revoked as required by changes in state or federal rules or regulations.(3-15-22)

IDAPA 02.04.26.306 Disposition of Cattle

When approved buying station status is revoked, cattle still in the buying station shall be removed directly to an approved slaughter establishment within seven (7) days.(3-15-22)

IDAPA 02.04.26.307 (Reserved)

IDAPA 02.04.26.315 Identification

All cattle shall be individually identified with an official USDA backtag immediately upon arrival at a buying station.

Animal identification is to be maintained to slaughter and shall not be removed, tampered with or otherwise altered.

IDAPA 02.04.26.316 (Reserved)

IDAPA 02.04.26.320 Buying Station Records

Buying stations shall keep complete and accurate records such that cattle purchased may be traced to the previous location or owner. Records must be maintained for a period of not less than two (2) years and shall be made available to the Administrator upon request.(7-1-26)

IDAPA 02.04.26.321 Content of Records -- Buying Stations

01.Owner Name, Telephone Number, and Address.

(7-1-26)

02.Individual Identification. Individual USDA Backtag number for each animal entering the buying station.(3-15-22)

04.Date of Entry to Buying Station.(7-1-26)

05.Date of Shipment to Slaughter.(3-15-22)

06.Approved Slaughter Establishment Destination.(7-1-26)

07.Death Loss. An accurate account and description of all death loss, including the official identification and disposition of the dead cattle.(7-1-26)

IDAPA 02.04.26.322 (Reserved)

IDAPA 02.04.26.330 Cattle Subject to Quarantine -- Buying Stations

No cattle suspected of being affected with a fo reign animal or reportable disease, shall be allowed to enter, occupy, or be sold from a buying station unless permitted by the Administrator.(7-1-26)

IDAPA 02.04.26.331 (Reserved)

IDAPA 02.04.26.340 Premises Requirements

An approved buying station shall meet the following requirements:(3-15-22)

Restraint System.(7-1-26)

02.Feed and Water. Provide access to a clean source of water sufficient for the number of animals present, and an adequate quality and quantity of feed for all cattle that are on the premises for over twelve (12) hours.

03.Fences. Construct and maintain fences sufficient to prevent the escape of livestock from the premises, as determined by the Administrator.(7-1-26)

IDAPA 02.04.26.341 (Reserved)

IDAPA 02.04.26.350 Sanitation

All buying stations shall be maintained in a sanitary condition. The buying station shall provide the necessary equipment to clean and disinfect the premises, and the owner or operator of the buying station shall clean and disinfect the premises at the direction of the Administrator.(3-15-22)

IDAPA 02.04.26.351 (Reserved)

IDAPA 02.04.26.360 Signage

Each buying station shall comply with the following signage requirements:(3-15-22)

Wording. Signs state “ALL CATTLE ENTERING THIS FACILITY SHALL GO DIRECTLY TO SLAUGHTER.”(3-15-22)

02.Color. Lettering in red and not less than four (4) inches in height on a white background. (3-15-22)

03.Location. Signs placed prominently at each entrance, exit, and cattle loading or unloading facility.

IDAPA 02.04.26.361 (Reserved)

IDAPA 02.04.26.370 Location of Buying Stations

All buying stations shall be located separate and apart from any other cattle handling facilities, as determined by the Administrator, to clearly distinguish from any cattle not destined to slaughter within seven (7) days.(7-1-26)

IDAPA 02.04.26.371 (Reserved)

IDAPA 02.04.26.500 Approved Livestock Trader Lots

All livestock dealers licensed by the Idaho State Brand Board shall receive approval from the Administrator as an approved livestock trader lot if receiving cattle of unknown disease status or selling brucellosis test eligible cattle to destinations other than an approved slaughter establishment, an approved livestock market, an Idaho approved feedlot, or out of the state of Idaho.(7-1-26)

IDAPA 02.04.26.501 Application for Approved Livestock Trader Lot Status

No livestock dealer shall operate a livestoc k trader lot prior to submitting an application and receiving approval from the Administrator. Applications shall be submitted to ISDA on a department-approved form.(7-1-26)

IDAPA 02.04.26.502 Administrator Approval

The Administrator may approve livestock trader lo t applications after state or federal animal health officials have inspected the trader lot facility and:(3-15-22)

01.Adequate Facilities. The livestock dealer has demonstrated that cattle can be secured and restrained in the facility.(3-15-22)

02.Adequate Records. The livestock dealer’s records are adequate to show the origin and disposition of the cattle that enter the facility.(3-15-22)

03.Past History. The Administrator may take any past enforcement or violation history of the owner or operator of the livestock trader lot into consideration when making the final approval determination.(3-15-22)

IDAPA 02.04.26.503 Approved Livestock Trader Lot Number

To operate an approved livestock trader lot, the applicant must also hold an active livestock dealer license issued by the State Brand Board which shall be used to identify the livestock trader lot.(7-1-26)

IDAPA 02.04.26.504 Expiration of Approved Status

Approved livestock trader lot status will expire on Septe mber 1 of each year. It is the responsibility of trader lot management to apply each year for renewal of approved status.(7-1-26)

IDAPA 02.04.26.505 (Reserved)

IDAPA 02.04.26.520 Identification

All cattle shall be identified, to their previous location, with a form of identification approved by the Administrator immediately upon arrival at a livestock trader lot. Animal identification is to be maintained and not be removed, tampered with, or otherwise altered at the approved livestock trader lot.(7-1-26)

IDAPA 02.04.26.521 Approved Forms of Identification

The following are approved forms of individual identification.(3-15-22)

USDA Approved Official Identification.(7-1-26)

02.Registration Tattoo. A breed registration tattoo accompanied by registration papers.(3-15-22)

03.Brand Inspection. Statement of ownership such as a brand inspection certificate.(3-15-22)

04.Administrator Approval. The Administrator may approve other forms of identification on a caseby-case basis.(3-15-22)

05.Removal of Official Identification. It is unlawful to remove, tamper with or otherwise alter livestock official identification.(7-1-26)

IDAPA 02.04.26.522 Records for Approved Livest

OCK TRADER LOTS.

All approved livestock trader lots shall keep accurate and complete records such that cattle purchased may be traced to the previous location or owner. Records must be maintained for a period of not less than two (2) years and shall be made available to the Administrator upon request of all cattle that enter, leave, or die on the premises. These records shall readily show:(7-1-26)

01.Owner Name, Telephone Number, and Address.(7-1-26)

02.Identification. Identification, approved by the Administrator, for the cattle entering the livestock trader lot.(3-15-22)

04.The Date of Entry. The date the cattle enter a livestock trader lot.(3-15-22)

05.Date of Shipment Out of the Livestock Trader Lot.(3-15-22)

06.Name, Telephone Number, and Address of Shipment Destination.(3-15-22)

07.Death Loss. An accurate account and description of all death loss, including identification and disposition of the dead cattle.(7-1-26)

08.Regulatory Requirements. That all applicable state and federal permit, test, examination, identification and vaccination requirements have been met prior to leaving the approved trader lot.(7-1-26)

523 -- 529.(RESERVED)

IDAPA 02.04.26.530 Cattle Subject to Quarantine -- Trader Lots

No cattle animals affected with, or suspected of being affected with a foreign animal or reportable disease shall be allowed to enter, occupy, or be sold from a livestock trader lot, unless permitted by the Administrator.(7-1-26)

IDAPA 02.04.26.531 (Reserved)

IDAPA 02.04.26.540 Removal Requirements

All brucellosis test eligible cattle removed from an approved livestock trader lot shall be accompanied by a certificate of veterinary inspection issued by an accredited veterinarian prior to removal, except:(7-1-26)

01.Livestock Markets. Cattle shipped directly to an approved livestock market.(7-1-26)

02.Slaughter. Cattle shipped directly to an approved slaughter establishment. All cattle destined for slaughter must be individually identified with an approved USDA Backtag.(7-1-26)

03.Approved Feedlots. Cattle shipped directly to an Idaho approved feedlot.(3-15-22)

IDAPA 02.04.26.541 Livestock Dealer’s Duty

It is the duty of a livestock dealer to ensure that all livest ock removed from a livestock trader lot are in compliance with the animal health requirements of the state of Idaho and the point of destination prior to departure.(7-1-26)

IDAPA 02.04.26.542 (Reserved)

IDAPA 02.04.26.550 Livestock Trader Lot Premises

Approved livestock trader lots shall have and maintain the following requirements:(7-1-26)

Restraint System.(7-1-26)

02.Feed and Water. Provide access to a clean source of water sufficient for the number of cattle present, and an adequate quality and quantity of feed for all cattle on the premises for over twelve (12) hours.

03.Fences. Containment sufficient to prevent the escape of cattle from the premises, as determined by the Administrator.(7-1-26)

IDAPA 02.04.26.551 (Reserved)

IDAPA 02.04.26.560 Sanitation

All livestock trader lots shall be maintained in a sanitary manner. The livestock dealer shall provide the necessary equipment to clean and disinfect the premises, and the livestock dealer shall clean and disinfect the premises at the direction of the Administrator.(3-15-22)

IDAPA 02.04.26.561 (Reserved)

IDAPA 02.04.26.570 Revocation of Approved Status

The Administrator may withdraw or deny the approval of any livestock trader lot by notifying the dealer in writing when one or more of the following conditions exist:(7-1-26)

01.Recordkeeping Requirements. There is evidence that the livestock dealer violated the recordkeeping requirements of this rule or animal health regulations.(3-15-22)

02.Inability to Trace Animals. There is a repeated history of inability to trace cattle that enter the livestock trader lot to the previous location and owner.(7-1-26)

03.Violations. A livestock dealer violates any of the provisions of Subchapter A.(3-15-22)

04.Dealer Request. Requests to revoke approved status may be submitted in writing.(7-1-26)

05.Regulation Changes. Approved trader lot status may be revoked as required by changes in state or federal rules or regulations.(3-15-22)

IDAPA 02.04.26.571 (Reserved)

SUBCHAPTER B – LIVESTOCK MARKETING

IDAPA 02.04.26.604 Incorporation by Reference

The following document is incorporated by reference into Subchapter B, sections 604-770 only: (3-15-22)

01.Incorporated Documents. The following documents are incorporated by reference: Code of Federal Regulations, Title 9, Parts 71, 75, 77, 78, 85, and 161, CFR, January 1, 2003, which can be viewed online at https://www.govinfo.gov/content/pkg/CFR-2003-title9-vol1/pdf/CFR-2003-title9-vol1-chapI.pdf.(3-15-22)

IDAPA 02.04.26.605 (Reserved)

IDAPA 02.04.26.610 Definitions

In addition to the definitions found in Idaho Code sections 25 -239 and 25-1721, the following definitions apply in the interpretation and enforcement of Subchapter B only:(3-15-22)

01.Approved Slaughter Establishment. A USDA inspected slaughter establishment where antemortem and post-mortem inspections are conducted by USDA inspectors.(3-15-22)

02.Cattle. All domestic bovidae, including domestic bison, owned by a person.(7-1-26)

03.Domestic Cervidae. Elk, fallow deer, and reindeer owned by a person.(3-15-22)

04.Livestock. Cattle, domestic bison, swine, horses, mules, asses, domestic cervidae, sheep, goats, camelids, and ratites.(3-15-22)

05.Official Individual Identification. A nationally unique number, usually affixed to an APHIS approved device, that is permanently associated with an animal or group of animals that adheres to an identity standard or method approved by the Administrator.(7-1-26)

06.Restraint. The confinement of livestock in a chute, or other device, for the purpose of efficiently, effectively, and safely inspecting, treating, vaccinating, or testing.(3-15-22)

07.State Animal Health Official. The Administrator, or his designee, responsible for disease control and eradication activities.(3-15-22)

08.Tuberculosis. An infectious disease of humans and animals caused by Mycobacterium bovis.

09.USDA Back Tag. A back tag issued by APHIS that conforms to the eight (8) character alphanumeric National Back Tagging System and that provides unique identification for each animal.(3-15-22)

IDAPA 02.04.26.611 (Reserved)

IDAPA 02.04.26.630 Inspections

State and federal animal health officials are authorized to inspect all records, premises, facilities, and livestock to ensure compliance with state or federal laws or rules.(7-1-26)

01.Entering and Inspection of Premises. State or federal animal health officials are authorized to enter public livestock market premises during normal business hours and will attempt to notify the owner or operator of the premises prior to conducting a facility or records inspection. In an emergency, as determined by the Administrator, prior notification will not be required.(7-1-26)

IDAPA 02.04.26.631 (Reserved)

IDAPA 02.04.26.640 Livestock Treatment

Each public livestock market shall humanely treat all liv estock. All non-ambulatory livestock shall be:(3-15-22)

01.Returned to the Owner. or(7-1-26)

02.Provided Adequate Feed and Clean Water. or(7-1-26)

03.Humanely Euthanized.(7-1-26)

IDAPA 02.04.26.641 (Reserved)

IDAPA 02.04.26.700 Public Livestock Market Charter

Charters expire on April 30 of each year. It is the responsibility of the public livestock market operator to submit an annual charter renewal on an approved form, accompanied by a renewal fee of one hundred dollars ($100), to ISDA on or before May 1 of each year.(7-1-26)

IDAPA 02.04.26.701 Public Livestock Market Minimum Sale Requirement

Each chartered public livestock market shall conduct a minimum of one (1) sale during each calendar year. (3-15-22)

IDAPA 02.04.26.702 (Reserved)

IDAPA 02.04.26.710 Market Release

Prior to any livestock being released from a public livestock market, the following conditions shall be fulfilled:

(3 -15-22)

01.Veterinary Inspection. A visual inspection, of each animal, made by an accredited veterinarian authorized to provide veterinary services to the market.(3-15-22)

02.Infectious Animals. Immediate isolation of animals determined to be affected by any infectious or contagious disease in quarantine pens subject to the market’s bio-security. Infectious animals may not be removed from the livestock market until examined by an accredited veterinarian authorized to provide veterinary services to the market.(7-1-26)

03.Saleyard Report. Submit an accurate report to ISDA, approved by the Administrator, detailing the destination of all marketed animals. The saleyard report must be submitted within one (1) week of the completion of the sale.(7-1-26)

IDAPA 02.04.26.711 (Reserved)

IDAPA 02.04.26.715 Bio-Security Plan

All public livestock markets shall submit a bio-security plan to the Administrator for approval. All approved biosecurity plans shall be implemented and maintained by the public livestock market. Each bio-security plan includes, but is not limited to, the following elements:(7-1-26)

01.Infectious Animals. Procedures for identifying, examining, diagnosing, and determining the disposition of all animals affected by any contagious or infectious disease.(7-1-26)

02.Records. Maintain accurate records, on site, that demonstrate the market’s bio-security plan is being implemented.(7-1-26)

IDAPA 02.04.26.716 (Reserved)

IDAPA 02.04.26.720 Identification

All livestock entering a public livestock market shall be individually identified to the herd of origin.(3-15-22)

IDAPA 02.04.26.721 Approved Forms of Identification

The following are approved methods of identification.(3-15-22)

USDA Approved Official Identification.(7-1-26)

02.Registration Tattoo; or(3-15-22)

03.Brand Inspection. Statement of ownership (e.g., brand inspection certificate).(7-1-26)

04.Administrator Approval. The Administrator may approve other forms of identification on a case by case basis.(3-15-22)

05.Removal of Identification. It is unlawful to intentionally remove, tamper with, or otherwise alter, livestock official identification except as approved by the Administrator.(7-1-26)

IDAPA 02.04.26.722 (Reserved)

IDAPA 02.04.26.730 Quarantine Pens

A quarantine pen or pens shall be provided at all public livestock markets and such pens used only to hold animals af fected with, or suspected of being affected with a contagious or infectious disease. The pens shall comply with the following requirements:(7-1-26)

01.Hard Surface. Hard surfaced with concrete or similar impervious material in good repair; and

02.Feed and Water. Adequate feed and clean water facilities that are completely separate from all other livestock; and(3-15-22)

03.Signage. Identified with the word “QUARANTINE” in red letters, not less than four (4) inches high, on a white background on the pen gate; and(3-15-22)

04.Cleaning and Disinfection. Cleaned and disinfected no later than the day following date of sale; and(3-15-22)

05.Fence Construction. Solid fences, constructed by boards or other material approved by the Administrator, and be a minimum of five and one-half (5 ½) feet high; and(3-15-22)

06.Drainage. Drainage shall not be onto adjoining pens, restraint facilities or alleys.(3-15-22)

IDAPA 02.04.26.731 (Reserved)

IDAPA 02.04.26.750 Restraint Facilities

Each public livestock market shall have a restrain t system, approved by the Administrator.(7-1-26)

IDAPA 02.04.26.751 (Reserved)

IDAPA 02.04.26.760 Sanitary Conditions

All pens, alleys, troughs, restraint facilities, and runways shall be kept in a sanitary condition. Operators of public livestock markets shall clean and disinfect livestock market facilities upon request by the Administrator.(7-1-26)

IDAPA 02.04.26.761 (Reserved)

IDAPA 02.04.26.770 Records

Each public livestock market shall keep sufficient records of animals pres ented for sale to enable state or federal animal health officials to trace such animals satisfactorily to their herd of origin, and such records shall be maintained for a minimum of five (5) years.(3-15-22)

IDAPA 02.04.26.771 (Reserved)

02.04.30 Rules Governing Environmental and Nutrient Management

IDAPA 02.04.30.000 Legal Authority

Sections 22-110, 22-4903, 25-3802, 25-4012(2), 37-401(1), 3 7-405, 37-603(1), 67-6529F(4), Idaho Code.(7-1-24)

IDAPA 02.04.30.001 Scope

This rule governs the certification process for soil samplers and nutrient management planners, the process for coll ecting and handling soil samples, the contents of a request to form a CAFO Site Advisory Team, formation of a CAFO Site Advisory Team, development of a site suitability determination, submission of the suitability determination to the appropriate county officials, the management of odor generated on agricultural operations, except beef cattle animal feeding operations and large swine and poultry operations and the stockpiling of agricultural waste at agricultural operations to safeguard and protect animals, man, and the environment.(7-1-24)

IDAPA 02.04.30.002 (Reserved)

SUBCHAPTER A – NUTRIENT MANAGEMENT

IDAPA 02.04.30.104 Incorporation by Reference

The following documents are incorporated by reference into Subchapter A, Sections 104-203 only:(7-1-24)

01.August 1997 University of Idaho, Soil Sampling Bulletin 704 (revised). This document can be viewed online at https://www.lib.uidaho.edu/digital/uiext/items/uiext23464.html(7-1-24)

02.Nutrient Management Standard (NMS).(7-1-24)

a.Idaho Nutrient Management Standard 590, June 1999. The 1999 publication by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Idaho Conservation Practice Standard, Nutrient Management Code 590 (1999 Idaho Nutrient Management Standard 590). This document can be viewed online at https://agri.idaho.gov/main/wp-content/uploads/2017/08/nutrient_Management_code _590.pdf or,(7-1-24)

b.Idaho NRCS Nutrient Management Standard 590, 2007. The 2007 publication by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Idaho Conservation Practice Standard, Nutrient Management Code 590. This document can be viewed online at https://agri.idaho.gov/main/wpcontent/uploads/2017/10/june_2007_NRCS_590.pdf. or,(7-1-24)

c.The Phosphorus Site Index: A Systematic Approach to Assess the Risk of Nonpoint Source Pollution of Idaho Waters by Agricultural Phosphorus, 2023 (Idaho Phosphorous Site Index). This document is available online at https://agri.idaho.gov/main/animals/environmental-nutrient-management/.(7-1-24)

03.American Society of Agricultural and Biological Engineers Specification ASAE EP393.3 Manure Storages February 2004. This document is part of a copyrighted publication and is available for viewing at the ISDA offices or a copy may be purchased online at http://www.asabe.org/.(7-1-24)

04.Natural Resources Conservation Service (NRCS) Web Soil Survey Database. This document is available online at https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx.(7-1-24)

05.Natural Resources Conservation Service (NRCS) Part 630, Hydrology National Engineering Handbook, Chapter 7, (Hydrologic Soil Groups), January 2009. This document is available online at https:// directives.sc.egov.usda.gov/22526.wba.(7-1-24)

06.Natural Resources Conservation Service (NRCS) Idaho Conservation Practice Standard Waste Storage Facility Code 313 December 2004. This document can be viewed online at https://agri.idaho.gov/ main/wp-content/uploads/2017/10/nrcs_313_Dec_2004.pdf.(7-1-24)

07.Natural Resources Conservation Service Agricultural Waste Management Field Handbook Appendix 10D (Appendix 10D) (March 2008 Edition) (USDA, NRCS). This document can be viewed online at https://directives.sc.egov.usda.gov/31529.wba.(7-1-24)

IDAPA 02.04.30.105 (Reserved)

IDAPA 02.04.30.110 Definitions

The following definitions apply in the interpretation and enforcement of Subchapter A, Sections 104-203 only:

01.Approved Laboratory. A soil testing laboratory with a valid certification from the North American Proficiency Testing Program under the auspices of the Soil Science Society of America.(7-1-24)

02.Certified Soil Sampler. A person who has completed a Department approved soil sampler certification program and has received written certification from the Department.(7-1-24)

03.Nutrient Management Plan. A plan prepared in conformance with the Nutrient Management Standard for managing the amount, source, placement, form, and timing of the land application of nutrients and soil amendments for plant production.(7-1-24)

04.Nutrient Management Standard. Beef cattle animal feeding operations, the Nutrient Management Standard is the 1999 publication by the United States Department of Agriculture Natural Resources Conservation Service Conservation Practice Standard, Nutrient Management Code 590 or other standard approved by the Director. For poultry concentrated animal feeding operations, the Nutrient Management Standard is the 2007 publication by the United States Department of Agriculture Natural Resources Conservation Service Conservation Practice Standard, Nutrient Management Code 590 or other standard approved by the director. For dairies, the Nutrient Management Standard is (a) the 1999 Idaho NRCS Nutrient Management Standard 590; (b) the Idaho Phosphorus Site Index, or (c) other standard approved by the Director, pursuant to Idaho Code § 37-606(2). (7-1-24)

05.Operation(s). Animal feeding operation(s).(7-1-24)

06.Resource Concerns. Surface water runoff that leaves the operation from normal storm events, rain or snow, frozen ground or irrigation; and ground water concerns on the operation from a high water table, fractured bedrock, cobbles, gravel, course textured soils or other environmental considerations such as tile drains or shallow soils that are conducive for the downward movement of water and associated nutrients.(7-1-24)

111.ABBREVIATIONS. rcement of Subchapter A, Sections 104-203 only:

01.CNMP. Certified Nutrient Management Planner.(7-1-24)

02.CSS. Certified Soil Sampler.(7-1-24)

04.NMS. Nutrient Management Standard.(7-1-24)

05.NRCS. United States Department of Agriculture, Natural Resources Conservation Service.

06.SSB. August 1997 University of Idaho Soil Sampling Bulletin 704 (revised).(7-1-24)

07.USDA. United States Department of Agriculture.(7-1-24)

IDAPA 02.04.30.112 (Reserved)

IDAPA 02.04.30.120 Applicability

These rules apply to nutrient management on the following operations:(7-1-24)

01.Dairies. All Manufactured Grade and Grade A dairies located in Idaho licensed to sell milk for human consumption, pursuant to Title 37, Chapter 6, Idaho Code.(7-1-24)

02.Beef Cattle Animal Feeding Operations. All beef cattle animal feeding operations in Idaho required to implement a NMP pursuant to Title 22, Chapter 49 Idaho Code.(7-1-24)

03.Poultry Concentrated Animal Feeding Operations. All poultry operations required to implement an NMP pursuant to Title 25, Chapter 40, Idaho Code.(7-1-24)

04.Commercial Truck Wash Operations. All commercial truck washes required to implement an NMP pursuant to Title 22, Chapter 1, Idaho Code.(7-1-24)

IDAPA 02.04.30.121 (Reserved)

IDAPA 02.04.30.130 Nutrient Management Plans

All NMPs required by IDAPA 02.04.14, “Rules Governing Dairy Byproduct,” IDAPA 02.04.15, “Rules Governing Beef Cattle Animal Feeding Operations,” IDAPA 02.04.32, “Rules Governing Poultry Operations,” and IDAPA 02.04.23, “Rules Governing Commercial Livestock Truck Washing Facilities” must be approved by the Department and written by certified nutrient management planners.(7-1-24)

IDAPA 02.04.30.131 Storage and Containment Facility Criteria

All facilities required to maintain an NMP, pursuant to these ru les, shall construct, operate and maintain all storage and containment facilities as follows:(7-1-24)

01.Secondary or Final Storage Effluent Facility. Process water containment structures that are utilized as the secondary or final storage for effluent shall have a minimum two (2) vertical feet of freeboard. Process water and containment structures that are not the secondary or final storage for effluent shall have a minimum one (1) vertical feet of freeboard.(7-1-24)

a.Earthen storage and containment facilities less than ten (10) vertical feet high with a maximum high water line of eight (8) vertical feet shall have a top embankment width of at least eight (8) feet. The combined embankment slopes must be at least five (5) horizontal to one (1) vertical, and shall not exceed two (2) horizontal to one (1) vertical slope. Containment facilities greater than ten (10) vertical feet from the naturally occurring ground level shall meet the NRCS Idaho Conservation Practice Standard Waste Storage Facility Code 313 December 2004 embankment requirements.(7-1-24)

b.The inside bottom of the storage and containment facility shall be a minimum of two (2) feet above the high water table, bed rock, gravel, or permeable soils. For an earthen storage and containment facility, a soil liner shall be installed such that the specific discharge rate of the containment structure meet 1 x 10-6 cm3/cm2/sec or less.

Concrete or synthetic liners must be constructed to ASAE and Appendix 10D specifications.(7-1-24)

c.Storage areas for byproduct, including compost and solid manure storage areas, shall be located on approved soils and appropriately protected to prevent run on, run off, and contamination of ground and surface water.

d.Total containment volume shall be sufficient to contain:(7-1-24)

i.The runoff from a twenty-five (25) year, twenty-four (24) hour rainfall event; and(7-1-24)

ii.Either three (3) inches of runoff from the accumulation of winter precipitation or the amount of runoff from the accumulation of precipitation from a one-in-five (1 in 5) year winter.(7-1-24)

e.All substances entering wastewater storage and containment facilities shall be composed of manure and process wastewater from the operation of the dairy, beef, poultry or commercial truck wash facility. The disposal of any other materials into a wastewater storage and containment facility, including, but not limited to, human waste, is prohibited.(7-1-24)

f.Maintenance is sufficient to allow regular inspection of the integrity of the systems.(7-1-24)

IDAPA 02.04.30.132 (Reserved)

IDAPA 02.04.30.140 Nutrient Management Planner Certification

All persons who develop NMPs pursuant to Subchapter A m ust be a certified nutrient management planner via the Department Certification Program. The Department may require a CNMP to complete continuing education training to ensure compliance with Subchapter A. If a CNMP fails to follow the criteria in Subchapter A, the Department may revoke their certification.(7-1-24)

IDAPA 02.04.30.141 (Reserved)

IDAPA 02.04.30.150 Soil Samples

Facilities required to maintain an NMP, pursuant to these rules, must have soil samples collected each year from all fields owned or operated by the dairy, beef, poultry, or commercial truck wash operation to which livestock waste, manure, or process wastewater from the operation was land applied. Regulatory soil tests will be conducted at frequencies sufficient to provide assurance of compliance with this subchapter.(7-1-24)

IDAPA 02.04.30.151 Soil Sample Collection

All soil samples collected pursuant to this chapter must be representative samples that are collected by a CSS at the depth indicated by the approved NMP for each facility. Samples shall be collected pursuant to SSB approved methods and submitted to an approved laboratory. If resource concerns require an alternate sampling depth be used, the CSS must indicate the alternate depths on all samples and lab submission forms.(7-1-24)

IDAPA 02.04.30.152 Soil Sample Certification

All persons who collect soil samples pursuant to Subchapter A must be a certified soil sampler via the Department Certification Program. The Department may require a CSS to complete continuing education training to ensure compliance with Subchapter A. If a CSS fails to follow the criteria in Subchapter A, the Department may revoke their certification.(7-1-24)

IDAPA 02.04.30.153 (Reserved)

IDAPA 02.04.30.161 Records of Nutrient Analysis

All nutrient management records and nutrient analysis data required under this chapter must be complete, identified to the fields listed in the facility’s NMP, retained for a minimum of five (5) years and available to the Department upon request. Required records include the following:.(7-1-24)

01.Annual Soil Analysis. Producer annual soil tests conducted as set forth in this subchapter, tested at an approved laboratory; and(7-1-24)

02.Land Applications. Date and amount of nutrients, byproduct and commercial fertilizer applied to fields owned or operated by the approved NMP facility;(7-1-24)

03.Third-Party Exports. Date(s) of exported nutrients or byproduct, number of acres applied, amount of nutrients or byproduct exported, and to whom nutrients or byproduct was exported; and(7-1-24)

04.Crop Yields. Actual crop yields on all fields owned or operated by the approved NMP facility.

05.IPDES Permits. Dairy, beef, poultry or commercial truck facilities governed by the IPDES program are not required to submit an NMP to the Department.(7-1-24)

IDAPA 02.04.30.162 (Reserved)

SUBCHAPTER B – CAFO SITE ADVISORY TEAM

IDAPA 02.04.30.204 Incorporation by Reference

The following documents are incorporated by reference into Subchapter B, Sections 204-303:(7-1-24)

01.Nutrient Management Standard (NMS).(7-1-24)

a.Idaho Nutrient Management Standard 590, June 1999. The 1999 publication by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Idaho Conservation Practice Standard, Nutrient Management Code 590. This document can be viewed online at https://agri.idaho.gov/main/wpcontent/uploads/2017/08/nutrient_Management_code_590.pdf or,(7-1-24)

b.Idaho NRCS Nutrient Management Standard 590, 2007. The 2007 publication by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Idaho Conservation Practice Standard, Nutrient Management Code 590. This document can be viewed online at https://agri.idaho.gov/main/wpcontent/uploads/2017/10/june_2007_NRCS_590.pdf or,(7-1-24)

c.The Phosphorus Site Index: A Systematic Approach to Assess the Risk of Nonpoint Source Pollution of Idaho Waters by Agricultural Phosphorus, 2023 (Idaho Phosphorous Site Index). This document is available online at https://agri.idaho.gov/main/animals/environmental-nutrient-management/. (7-1-24)

IDAPA 02.04.30.205 (Reserved)

IDAPA 02.04.30.210 Definitions

The following definitions apply in the interpretation and enforcement of Subchapter B, Sections 204-303:(7-1-24)

01.Best Management Practices. Practices, techniques, or measures that are determined by the Department to be a cost-effective and practicable means of preventing or reducing pollutants from point or non-point sources from entering waters of the state and managing odor generated on an agriculture operation to a level associated with accepted agriculture practices.(7-1-24)

02.Land Application. The spreading on, or incorporation into the soil of agricultural by-products such as manure, process wastewater, compost, cull potatoes, cull onions, or crop residues into the soil primarily for beneficial purposes.(7-1-24)

03.Nutrient Management Plan. A plan prepared in conformance with the nutrient management standard.(7-1-24)

04.Nutrient Management Standard. For dairies and beef cattle animal feeding operations, the 1999 publication by the United States Department of Agriculture Natural Resources Conservation Service, Conservation Practice Standard, Nutrient Management Code 590, or other equally protective standard approved by the Director.

For poultry concentrated animal feeding operations, the 2007 publication by the United States Department of Agriculture Natural Resources Conservation Practice Standard, Nutrient Management Code 590, or other equally protective standard approved by the Director.(7-1-24)

05.Odor Management Plan. A site-specific plan approved by the Director to manage odor from a CAFO to a level associated with accepted agricultural practices by utilizing best management practices.(7-1-24)

211.ABBREVIATIONS. rcement of Subchapter B, Sections 204-303: (7-1-24)

01.BMP. Best Management Practices.(7-1-24)

02.CAFO. Concentrated Animal Feeding Operation.(7-1-24)

04.OMP. Odor Management Plan.(7-1-24)

IDAPA 02.04.30.212 (Reserved)

IDAPA 02.04.30.220 Applicability

01.Site for a Proposed CAFO.

A CAFO site advisory team shall review and make a site suitability determination for all proposed CAFO sites, as defined in Subchapter B of these rules, submitted by a board of county commissioners pursuant to Subchapter B.(7-1-24)

02.Sites That Do Not Meet the Definition of a CAFO. The Director may form a CAFO site advisory team, as requested by a board of county commissioners, for a site that does not meet the animal numbers in the definition of a CAFO provided that:(7-1-24)

a.The county demonstrates that the site is in an environmentally sensitive area or is in close proximity to streams, lakes, or other bodies of surface water; or(7-1-24)

b.The state agencies have personnel and other resources available to conduct the site suitability determination.(7-1-24)

IDAPA 02.04.30.221 (Reserved)

IDAPA 02.04.30.240 Cafo Site Advisory Teams

A CAFO site advisory team will make determinations of suitability on all proposed CAFO sites, as defined in Su bchapter B, following a written request to the Director by a board of county commissioners. The team leader, designated by the Director, will notify DEQ and IDWR of all requests.(7-1-24)

01.Non-CAFO Sites. CAFO site advisory teams may be formed for a site that does not meet CAFO definitions provided that:(7-1-24)

a.The county demonstrates that the site is in an environmentally sensitive area or is in close proximity to streams, lakes, or other bodies of surface water; or(7-1-24)

b.The state agencies have personnel and other resources available to conduct the site suitability determination.(7-1-24)

IDAPA 02.04.30.241 (Reserved)

IDAPA 02.04.30.250 Review of Request

Team members will review requests for the formation of a site advisory team to determin e if all required elements of Section 67-6520E(2), Idaho Code, are included, and to schedule the date and time of the onsite visit.(7-1-24)

IDAPA 02.04.30.251 (Reserved)

IDAPA 02.04.30.260 Site Suitability Determination

Within thirty (30) days of receiving a request for the format ion of a CAFO site advisory team that includes the required elements of Section 67-6520E(2), Idaho Code, the team will develop and submit to the county a site suitability determination that contains:(7-1-24)

01.Risk Category. A determination of an environmental risk category: high, moderate; low; or insufficient information to make a determination;(7-1-24)

02.Description of Factors. A description of the factors that contribute to the environmental risks;

03.Mitigation. Any possible mitigation of the environmental risks.(7-1-24)

IDAPA 02.04.30.261 (Reserved)

SUBCHAPTER C – AGRICULTURE ODOR MANAGEMENT

IDAPA 02.04.30.304 Incorporation by Reference

The following documents are incorporated by reference into Subchapter C, Sections 304-409 only:(7-1-24)

01.Idaho NRCS Nutrient Management Standard 590, June 1999.(7-1-24)

02.Best Management Practices listed in the “Idaho Agricultural Pollution Abatement Plan,”

August 2001.(7-1-24)

03.ASAE Standard EP379.2 Sections 5 and 6 in their entirety, November 1997.(7-1-24)

04.NRCS Conservation Practice Standard 317, March 2001.(7-1-24)

IDAPA 02.04.30.305 (Reserved)

IDAPA 02.04.30.310 Definitions

The following definitions apply in the interpretation and enforcement of Subchapter C, Sections 304-409:(7-1-24)

01.BAT. The best application of science that is accessible and obtainable to achieve a desired objective.(7-1-24)

02.Compost. A biologically stable material derived from the aerobic decomposition of organic matter.

03.Land Application. The spreading on, or incorporation into the soil of agricultural by-products including, but not limited to, manure, wastewater, compost, cull potatoes, cull onions, or crop residues.(7-1-24)

04.Large Swine And Poultry Operations. Those swine operations regulated pursuant to IDAPA 58.01.09, “Rules Regulating Swine Facilities,” and those poultry operations regulated pursuant to IDAPA 02.04.32, “Rules Governing Poultry Operations.”(7-1-24)

05.Liquid-Solid Separation. The removal of solid manure from water through mechanical or settling means.(7-1-24)

06.Waste Collection and Conveyance Systems. The areas and systems used in the collection and transfer of manure from the point of generation to the wastewater storage and containment facilities, prior to land application.(7-1-24)

07.Wastewater Treatment. A process by which wastewater is treated through aerobic or anaerobic degradation or other means.(7-1-24)

311.ABBREVIATIONS. rcement of Subchapter C, Sections 304-409: (7-1-24)

01.BAT. Best Available Technology.(7-1-24)

02.BMP. Best Management Practice.(7-1-24)

04.OMP. Odor Management Plan.(7-1-24)

IDAPA 02.04.30.312 (Reserved)

IDAPA 02.04.30.320 Accepted Agricultural Practices

Management practices conducted in accordance with applicable laws, rules and best management practices, in a manner that demonstrates reasonable efforts to minimize odors, are considered accepted agricultural practices for purposes of this rule.(7-1-24)

01.Applicable Rules. The following are applicable rules for the purpose of Section 320:(7-1-24)

a.IDAPA 02.04.14, “Rules Governing Dairy Byproduct.”(7-1-24)

b.IDAPA 02.03.03, “Rules Governing Pesticide and Chemigation Use and Application.”(7-1-24)

c.IDAPA 02.06.17, “Rules Concerning Disposal of Cull Onion and Potatoes.”(7-1-24)

02.Excess Odors. An agricultural operation using an accepted agricultural practice that generates odors in excess of levels normally associated with such practice, as determined by the Department on a site specific basis, shall develop and submit an odor management plan to the Director in accordance with Section 360.(7-1-24)

IDAPA 02.04.30.321 (Reserved)

IDAPA 02.04.30.330 Applicability

Subchapter C applies to all agricultural operations, except:(7-1-24)

01.Beef Cattle. Beef cattle animal feeding operations regulated pursuant to IDAPA 02.04.15, “Rules Governing Beef Cattle Animal Feeding Operations.”(7-1-24)

02.Swine and Poultry. Large swine operations regulated pursuant to IDAPA 58.01.09, “Rules Regulating Swine Facilities,” and large poultry operations regulated pursuant to IDAPA 02.04.32, “Rules Governing Poultry Operations.”(7-1-24)

IDAPA 02.04.30.331 (Reserved)

IDAPA 02.04.30.360 Odor Management Plans

OMPs are designed to work in conjunction with any required NMP and must be submitted in writing for approval by the Director.(7-1-24)

01.OMP Development. Within sixty (60) days of receiving a NOV for a first time violation, the owner or operator of the agriculture operation shall submit an OMP to the Director for approval.(7-1-24)

02.Interim Measures. The Department will work with first time violators to identify interim measures that can be implemented in a timely manner to begin the process of reducing odors while the OMP is being developed.(7-1-24)

03.Department Approval. OMPs submitted to the Department from operators committing a first-time violation will be approved, rejected, or requested to provide additional information.(7-1-24)

04.Review of OMP. The Department will review OMPs no less than annually for three (3) years after the Director approves the OMP. If the Department determines an approved OMP has not reduced odors to a level associated with accepted agricultural practices after a reasonable period of time, as determined by the Department, the Department will review the OMP with the owner or operator of the agricultural operation and adjust the OMP to meet the goals of the Agriculture Odor Management Act.(7-1-24)

IDAPA 02.04.30.361 Contents of an Odor Management Plan

Contents of an OMP for an agricultural operatio n shall include all relevant information as required by the Department.(7-1-24)

01.Scaled Vicinity Map. A map that shall include all residences, public use areas, roads, general topography of the area, and other pertinent agricultural operations within a two (2) mile radius of the facility.

02.Manure Management System. A detailed description of the present manure handling systems including timing, frequency, duration, volumes, dimensions, and flow rates where applicable for the following:

a.Manure cleaning systems.(7-1-24)

b.Manure transfer systems.(7-1-24)

c.Manure separation systems.(7-1-24)

03.Scaled Site Plan. A site plan showing all buildings, housing facilities, waste/manure storage areas, piping, feed storage areas, and roadways.(7-1-24)

04.Land Application System. A detailed description of the present management practices and methods used to make land application including:(7-1-24)

a.Timing, frequency, and duration of practices.(7-1-24)

b.Proximity of land application sites to residential and public use areas.(7-1-24)

05.Climatic Data. A description of the typical climatic conditions for a minimum period of two (2) years that exist in the geographical area of the operation or have been recorded on-site for the operation including:

a.Wind Speed and direction(s).(7-1-24)

b.Temperature range.(7-1-24)

c.Relative humidity range.(7-1-24)

d.Precipitation data.(7-1-24)

06.Facility Odor Sources. A list of all primary odor sources located on the operation with a general ranking of low, moderate, or high with respect to overall odor production along with an explanation of why it is listed as a source and the reasoning for the overall ranking.(7-1-24)

07.Tiered Implementation. A three-tier process shall be used to reduce odor production from the facility with each tier containing a list of the primary BMPs and BATs that are going to be implemented by the facility. For each tier BMP and BAT listed, the plan shall include, but not be limited to:(7-1-24)

a.Process of how the BMP or BAT will be designed or managed.(7-1-24)

b.Implementation schedule that defines when the BMP or BAT will be implemented on the facility and justification for why this time frame was chosen.(7-1-24)

c.Monitoring program that will be implemented to evaluate the effectiveness of the BMP or BAT, with quantitative or qualitative reduction goals.(7-1-24)

08.Public Involvement. This section shall describe how the public in the area of the facility will be involved in the implementation or evaluation of the OMP.(7-1-24)

09.Timeframe for Review of OMP. A designated period of time when each tier of the plan will be evaluated to determine if further implementation is necessary, how each tier will be evaluated, which Department staff will conduct the review, and a period of time in which the agricultural operation will attain full compliance with the plan.(7-1-24)

IDAPA 02.04.30.362 (Reserved)

SUBCHAPTER D – STOCKPILING OF LIVESTOCK WASTE

IDAPA 02.04.30.410 Definitions

The following definitions apply:(7-1-24)

01.Agricultural Operation. Facilities that generate or receive and stockpile livestock waste and that are not regulated under IDAPA 02.04.14, “Rules Governing Dairy Byproduct,” or IDAPA 02.04.15, “Rules Governing Beef Cattle Animal Feeding Operations.”(7-1-24)

02.Duration. The length of time livestock waste is stockpiled.(7-1-24)

03.Dwelling. The structure where a person lives.(7-1-24)

04.Livestock. Bovidae, suidae, equidae, captive cervidae, camelidae, ratitidae, gallinaceous birds, and captive waterfowl.(7-1-24)

05.Livestock Waste. Manure that may also contain bedding, spilled feed, feathers, water, process water, feed leachate, soil, or livestock carcasses or parts thereof.(7-1-24)

06.Process Water. Water directly or indirectly used or produced in dairy animal rearing or milk production.(7-1-24)

07.Public Highway. All highways open to public use in the state, whether maintained by the state or by any county, highway district, city, or other political subdivision.(7-1-24)

08.Responsible Party. A person who generates or receives and stockpiles agricultural waste on property the person owns, leases, or otherwise has permission to use as a stockpile site.(7-1-24)

09.Stockpile Staging Site. A physical area where stockpiling occurs for a duration of no longer than thirty (30) days.(7-1-24)

10.Stockpile Site. A physical location where livestock waste is stockpiled for a duration of more than thirty (30) days and that stockpiles more than fifty (50) cubic yards of livestock waste.(7-1-24)

11.Stockpiling. The accumulation of livestock waste on an agricultural operation.(7-1-24)

IDAPA 02.04.30.411 (Reserved)

IDAPA 02.04.30.420 Setbacks for Stockpile Sites

Stockpile sites at agricultural operations must meet the following setback requirements.(7-1-24) 01.

Setback Distances. Stockpile sites shall maintain the following setbacks:(7-1-24)

a.Three hundred (300) feet from a non-responsible party’s dwelling.(7-1-24)

b.Five hundred (500) feet from a hospital, church, or school.(7-1-24)

c.One hundred (100) feet from a domestic or irrigation well.(7-1-24)

d.One hundred (100) feet from surface waters of the State.(7-1-24)

e.Fifty (50) feet from a public highway.(7-1-24)

02.Responsible Party’s Dwellings. Stockpile sites do not have setbacks from dwellings owned by the responsible party.(7-1-24)

03.Stockpile Staging Sites. Stockpile staging sites are not subject to the setbacks set forth in Subchapter D.(7-1-24)

IDAPA 02.04.30.421 (Reserved)

02.02.05 Rules Governing Stone Fruit Grades

IDAPA 02.02.05.000 Legal Authority

Sections 22 -702, 22-703, and 22-803, Idaho Code.(7-1-26)

IDAPA 02.02.05.001 Scope

These rules specify the general requirements for the inspect ion and grading of plums, prunes, sweet cherries, and apricots in the state of Idaho.(7-1-26)

IDAPA 02.02.05.002 (Reserved)

IDAPA 02.02.05.004 Incorporation by Reference

The Code of Federal Regulations, 7CFR § 51.1521 (August 14, 2025), is incorporated by reference and can be viewed online at https://www.ecfr.gov/current/title-7/subtitle-B/chapter-I/subchapter-C/part-51. Copies of this document may be obtained from the Idaho State Department of Agriculture (ISDA), 2270 Old Penitentiary Road, Boise, Idaho 83712.(7-1-26)

IDAPA 02.02.05.005 (Reserved)

IDAPA 02.02.05.010 Definitions

01.Clean.

The fruit is practically free from dirt, dust, spray residue, or other foreign material. (7-1-26)

02.Damage. Any specific defect or any equally objectionable variation of defects, that materially detracts from the appearance, or the edible or marketing quality of the fruit.(7-1-26)

03.Diameter. The greatest dimension measured at right angles to a line from the stem to the blossom end of the fruit.(7-1-26)

4. Mature. The fruit has reached the stage of growth that will insure the proper completion of the ripening process.(7-1-26)

05.Permanent Defects. Defects that are not subject to change during shipping or storage, to indicate that it occurred prior to shipment.(7-1-26)

06.Serious Damage. Any specific defect or an equally objectionable variation of defects that seriously detracts from the appearance or the edible or marketing quality of the fruit.(7-1-26)

07.Similar Varietal Characteristics. Fruit in any container are similar in color and shape.(7-1-26)

SUBCHAPTER A – PRUNES AND PLUMS

IDAPA 02.02.05.120 Idaho Hail Grade, Prunes or Plums

This grade consists of plums or prunes of one variety or simila r varietal characteristics that meet all requirements of the U.S. No. 1 grade provided that not to exceed twenty-five percent (25%) by count may show hail marks that are well healed.(3-31-22)

IDAPA 02.02.05.121 (Reserved)

IDAPA 02.02.05.140 Italian Prunes

01.Idaho No. 1. Idaho No. 1 to be exactly as the specifications and definitions of the current U.S. No. 1 with the one (1) exception as follows: Subparagraph (a) of 7 CFR § 51.1521 effective March 29, 2004, delete the words “be fairly well colored” and insert in lieu thereof “have two-thirds (2/3) of the surface with purplish color,” thus sub (a) of 7 CFR § 51.1521 will read, “Italian type prunes shall have two-thirds (2/3) of the surface with purplish color and, unless otherwise specified, shall not be less than one and one-fourth (1-1/4) inches in diameter.” (See 7 CFR § 51.1525).(3-31-22)

02.Nomenclature. The nomenclature, U.S. No. 1 of 7 CFR § 51.1521 will read “Idaho No. 1.” All other factors of the United States Standards for Fresh Plums and Prunes, effective March 29, 2004, remains in force and effect in defining the definitions of the rules of Idaho No. 1, as well as handbooks, administrative directives, base color minimum and applications thereof.(3-31-22)

IDAPA 02.02.05.141 (Reserved)

SUBCHAPTER B – SWEET CHERRIES

IDAPA 02.02.05.210 (Reserved)

IDAPA 02.02.05.220 Idaho No. 1 Grade

01.Idaho No. 1. Idaho No. 1 will consist of sweet cherries that meet the following requirements:

Similar varietal characteristics; mature; fairly well colored, meaning at least ninety-five (95%) percent of the surface of the cherry shows characteristic color for mature cherries of the variety; well formed, meaning the cherry has the normal shape characteristic of the variety, except that mature well developed doubles are to be considered well formed when each of the halves is approximately evenly formed; and clean; free from decay, insect larvae or holes caused by them; soft, overripe or shriveled; underdeveloped doubles and sunscald; and free from damage by any other cause.(7-1-26)

02.Size. Unless otherwise specified, the minimum diameter of each cherry is not less than threefourths (3/4) inch. The maximum diameter of the cherries in any lot may be specified in accordance with the facts.

(3-31-22)

03.Tolerances. To allow for variations incident to proper grading and handling, the following tolerances, by count, are provided as specified:(7-1-26)

a.For Defects at Shipping Point: Idaho No. 1. Eight percent (8%) for cherries that fail to meet the requirements for this grade: PROVIDED, that included in this amount not more than four percent (4%) is allowed for defects causing serious damage, including in this latter amount not more than one-half of one percent (.50%) for cherries that are affected by decay.(3-31-22)

b.For Defects Enroute or at Destination: Idaho No. 1. Twenty-four percent (24%) for cherries in any lot that fail to meet the requirements for this grade: PROVIDED, that included in this amount not more than the following percentages are allowed for defects listed:(3-31-22)

i.Eight percent (8%) for cherries that fail to meet the requirements for this grade because of permanent defects; or(3-31-22)

ii.Six percent (6%) for cherries that are seriously damaged, including therein not more than four percent (4%) for cherries that are seriously damaged by permanent defects and not more than two percent (2%) for cherries that are affected by decay.(3-31-22)

c.For Off-Size. Five percent (5%) for cherries that fail to meet the specified minimum diameter and ten percent (10%) for cherries that fail to meet any specified maximum diameter. (3-31-22)

IDAPA 02.02.05.221 (Reserved)

IDAPA 02.02.05.230 Application of Tolerances

Individual samples are not to have more than double the tolerances specified, except that at least two (2) defective and two (2) off-size specimens may be permitted in any sample: PROVIDED, that the averages for the entire lot are within the tolerances specified for the grade. (3-31-22)

IDAPA 02.02.05.231 (Reserved)

IDAPA 02.02.05.240 Scorable Defects

01.Damage.( 7-1-26)

a.Cracks within the stem cavity - when deep or not well healed, or when the appearance is affected to a greater extent than that of a cherry that has a superficial well healed crack one-sixteenth (1/16) inch in width extending one-half (1/2) the greatest circumference of the stem cavity.(3-31-22)

b.Cracks outside of the stem cavity - when deep or not well healed, or when the crack has weakened the cherry to the extent that it is likely to split or break in the process of proper grading, packing and handling, or when materially affecting the appearance.(3-31-22)

c.Hail injury - when deep or not well healed, or when the aggregate area exceeds the area of a circle three-sixteenths (3/16) inch in diameter.(3-31-22)

d.Insects - when scale or more than one (1) scale mark is present, or when the appearance is materially affected by any insect.(3-31-22)

e.Limb rubs - when affecting the appearance of the cherry to a greater extent than the amount of scarring permitted.(3-31-22)

f.Pulled stems - when the skin or flesh is torn, or when the cherry is leaking.(3-31-22)

g.Russeting - when affecting the appearance of the cherry to a greater extent than the amount of scarring permitted.(3-31-22)

h.Scars - when excessively deep or rough or dark colored and the aggregate area exceeds the area of a circle three-sixteenths (3/16) inch in diameter, or when smooth or fairly smooth, light colored and superficial and the aggregate area exceeds the area of a circle one-fourth (1/4) inch in diameter.(3-31-22)

i.Skin breaks - when not well healed or when the appearance of the cherry is materially affected.

(3-31-22)

j.Sutures - when excessively deep or when effecting the shape of the cherry to the extent that it is not well formed.(3-31-22)

02.Serious Damage.(7-1-26)

a.Decay.(3-31-22)

b.Insect larvae or holes caused by them.(3-31-22)

c.Skin breaks that are not well healed.(3-31-22)

d.Cracks that are not well healed.(3-31-22)

e.Pulled stems with skin or flesh of cherry torn or that causes the cherry to leak.(3-31-22)

IDAPA 02.02.05.241 (Reserved)

SUBCHAPTER C – APRICOTS

IDAPA 02.02.05.321 Grades

01.Idaho No. 1. Co nsists of apricots of one variety that are mature but not soft, overripe or shriveled and that are well formed, free from decay, insect holes, and damage caused by skin breaks, cuts, limb rubs, russeting, growth cracks, dirt, hail, bruises, scale or other means.(3-31-22)

02.Idaho No. 2. Consists of apricots of one variety that are mature but not soft, overripe or shriveled, and that are free from decay, insect holes and serious damage caused by skin breaks, limb rubs, russeting, growth cracks, hail, bruises or other means.(3-31-22)

03.Idaho Combination. Consists of a combination of Idaho No. 1 and Idaho No. 2. When such a combination is packed, at least fifty percent (50%) of the apricots in any container will meet the requirements of the Idaho No. 1. (See Section 330).(3-31-22)

IDAPA 02.02.05.322 (Reserved)

IDAPA 02.02.05.330 Tolerances

The following tolerances, by count, are provided:(7-1-26) 01.

Defects.(3-31-22)

a.Idaho No. 1. A total of ten percent (10%) for apricots in any lot that fails to meet the requirements for the grade: Provided, that not more than one-half (1/2) of this tolerance, or five percent (5%), is allowed for defects causing serious damage, including therein not more than one-fifth (1/5) of this amount or one percent (1%) is allowed for apricots that are affected by decay. An additional ten percent (10%) by count of the apricots may be damaged by bruise.(3-31-22)

b.Idaho No. 2. A total of ten percent (10%) for apricots in any lot that fail to meet the requirements for the grade: Provided, therein that not more than one percent (1%) be allowed for apricots that are affected by decay.(3-31-22)

c.Idaho Combination. A total of ten percent (10%) for apricots in any lot that fail to meet the requirements for the grade: Provided, therein that not more than one percent (1%) will be allowed for apricots that are affected by decay.(3-31-22)

02.Restrictions. When applying the foregoing tolerances to the combination grade, no part of any tolerance can be used to reduce the percentage of Idaho No. 1 apricots required in the combination, but individual containers may have not more than ten percent (10%) less than the percentage of Idaho No. 1 required, provided that the entire lot average is within the percentage specified.(3-31-22)

03.Samples. Individual samples will not have more than one and one-half (1 1/2) times any tolerance specified; provided, that the averages for the entire lot are within the tolerances specified for the grade.(3-31-22)

IDAPA 02.02.05.331 (Reserved)

IDAPA 02.02.05.340 Marking Requirements

01.Containers.

When apricots are packed in containers, such containers will be stamped or marked thereon the variety, the net contents, and packer’s name and address.(3-31-22)

02.Size. The minimum size may be specified in terms of diameter or numerical count. When a minimum diameter is marked on the container, not more than ten percent (10%) by count is allowed for apricots below the marked size.(3-31-22)

IDAPA 02.02.05.341 (Reserved)

IDAPA 02.02.05.350 Scorable Defects

01.Damage.( 7-1-26)

a.Hail Marks: Well healed and shallow - allow one-eighth (1/8) inch in diameter.(3-31-22)

i.When skin has not been broken:(3-31-22)

ii.Shallow - allow three-eighths (3/8) inch in diameter.(3-31-22)

iii.Not shallow - allow one-fourth (1/4) inch in diameter.(3-31-22)

b.Growth Cracks:(3-31-22)

i.Well healed - allow three-eighth (3/8) inch in length.(3-31-22)

ii.Riland variety - allow one-half (1/2) inch in length.(3-31-22)

c.Limb Rubs: Smooth and shallow - allow one-fourth (1/4) inch in diameter.(3-31-22)

d.Russeting: Allow one-fourth (1/4) surface area in aggregate.(3-31-22)

e.Skin Breaks:(3-31-22)

i.Punctures - allow three-sixteenths (3/16) inch in diameter.(3-31-22)

ii.Stem pulls - allow three-eighths (3/8) inch in diameter.(3-31-22)

iii.Riland variety - allow one-half (1/2) inch in diameter.(3-31-22)

f.Bruises: Allow five percent (5%) of the surface area.(3-31-22)

g.Scale: Allow two (2) scale marks.(3-31-22)

h.Dirt: Allow when not readily apparent.(3-31-22)

02.Serious Damage.(7-1-26)

a.Bruises: Allow ten percent (10%) of the surface area.(3-31-22)

b.Growth cracks:(3-31-22)

i.Well healed - allow one-half (1/2) inch in length.(3-31-22)

ii.Riland variety - allow five-eighths (5/8) inch in length.(3-31-22)

c.Hail Marks:(3-31-22)

i.Well healed - allow three-eighths (3/8) inch in aggregate.(3-31-22)

ii.When skin has not been broken - allow one-half (1/2) inch in aggregate.(3-31-22)

d.Skin Breaks:(3-31-22)

i.Stem pulls - allow one-half (1/2) inch in diameter.(3-31-22)

ii.Other skin breaks - allow three-eighths (3/8) inch diameter.(3-31-22)

IDAPA 02.02.05.351 (Reserved)

02.04.13 Rules Governing Raw Milk

IDAPA 02.04.13.000 Legal Authority

This chapter is adopted under the legal authority of Section 37-1101(5) and 37-603, Idaho Code.(3-31-22)

IDAPA 02.04.13.001 Scope

These rules govern the production, processing, distribution, and sale of raw milk for human consumption, but not intended for pasteurization. (3-31-22)

IDAPA 02.04.13.002 (Reserved)

IDAPA 02.04.13.010 Definitions

The following definitions apply in the interpretation and the enforcement of this chapter:(3-31-22) 01.

Adulterated. The meaning of adulterated includes the following:(3-31-22)

a.The addition or inclusion of unclean, unwholesome, inferior, impure or foreign material into a food product; or(3-31-22)

b.The production, distribution, or sale of raw milk or raw milk products from a facility that does not possess a valid permit from the Department or is not registered with the Department as a Herd Share program; or

c.Any raw milk product or facility that fails to meet any of the requirements of these rules. (3-31-22)

02.Animal Unit (AU). For the purposes of nutrient management for raw dairy farms, one (1) Animal Unit is equivalent to one (1) mature cow; five (5) mature goats; or five (5) mature sheep.(3-31-22)

03.Dairy Farm. Any place or premises where one (1) or more cows, goats or sheep are milked and where a part or all of the raw milk or raw milk products are produced that are not intended for pasteurization, or are intended for human consumption without pasteurization, and are distributed, sold or offered for sale to persons other than members of the dairy farm’s immediate household.(3-31-22)

04.Dairy Nutrient Management Plan (DNMP). A plan prepared in conformance with the NMS for managing the land application of dairy byproducts that is prepared by a certified planner and approved by the Department.(3-31-22)

05.Herd Share. The undivided ownership interest in no more than seven (7) cows, fifteen (15) goats, or fifteen (15) sheep resulting from an investment of monetary value through a written contractual agreement between an owner and a farmer in exchange for raw milk or raw milk products.(3-31-22)

06.Owner. A person who has made an investment of monetary value in the ownership or care of cows, goats, or sheep and participates in a Herd Share program pursuant to a written contractual agreement.(3-31-22)

07.Raw Milk. The lacteal secretion, practically free from colostrum, obtained by the complete milking of one (1) or more healthy cows, goats, or sheep, and that has not been pasteurized and is intended for human consumption.(3-31-22)

08.Raw Milk Permit. Written authorization from the Department allowing raw milk and raw milk products to be sold for human consumption by a dairy farm that complies with the requirements of these rules.

09.Raw Milk Products. Raw milk products include any milk product processed from raw milk that has not been pasteurized and is intended for human consumption by persons other than members of the dairy farm’s immediate household.(3-31-22)

10.Registration. A requirement by the Department for the authorization of a Herd Share to provide raw milk and raw milk products for human consumption to owners of that Herd Share as provided in Section 37- 1101(2), Idaho Code.(3-31-22)

IDAPA 02.04.13.011 (Reserved)

IDAPA 02.04.13.012 Adulterated or Misbranded Raw Milk or Raw Milk Products

01.Prohibited Acts. No p erson shall produce, provide, sell, offer, or expose for sale, or possess with intent to sell, within the State or its jurisdiction, any adulterated or misbranded raw milk or raw milk products for human consumption.(3-31-22)

02.Restriction on Sale. Raw milk or raw milk products may not be sold or offered for sale through restaurants or other food service establishments. Grocery stores and similar establishments where raw milk or raw milk products are sold at retail, but not processed there, are exempt from the requirements of these rules, provided those stores and establishments receive raw milk or raw milk products from Department-authorized facilities. The sale of raw milk and raw milk products, produced under the authority of these rules, is limited only to locations within the state of Idaho.(3-31-22)

03.Disposition of Adulterated or Misbranded Product. Any adulterated or misbranded raw milk or raw milk product may be impounded and disposed of as directed by the Department. The Department may issue a hold order when it is deemed necessary to protect human health.(3-31-22)

IDAPA 02.04.13.013 Standards for Raw Milk and Raw Milk Products

01.Requirements.

All raw milk and raw milk products shall be produced and processed to conform with the standards listed in Subsection 013.02 of this rule.(3-31-22)

02.Testing Standards. Test results must be submitted to ISDA no later than the last day of the calendar month in which the previous test was conducted.

IDAPA 02.04.13.014 Labeling

01.Applicability. Section 014 applies to holders of Raw Milk Permits.(3-31-22)

02.Requirements. All raw milk and raw milk products must have Department-approved labeling, with the exception of containers provided by customers. All bottles, containers, and packages enclosing raw milk or raw milk products must be conspicuously marked with the following:(3-31-22)

a.The word “raw” must precede the name of the product;(3-31-22)

b.The quantity of contents;(3-31-22)

c.The name and address or permit number of the permit holder; and(3-31-22)

d.When applicable, the word “goat” or “sheep” must precede the name of the raw milk or raw milk products.(3-31-22)

03.Product Warning. All raw milk dairy product labels must contain the following language:

RAW MILK

Brucellosis Test All raw milk must be from animals that have received one of the following tests:

Bovine – Negative Brucellosis Test (blood or milk) – no less than every 12 months Goats – Negative Brucellosis Card Test – no less than every 12 months Sheep – Negative Brucella Ovis Test – no less than every 12 months Tuberculosis Test All raw milk must be from animals that have been accredited as tuberculosis free or must have passed a tuberculosis test within the last twelve (12) months. a.“WARNING: This product has not been pasteurized or inspected and may contain harmful bacteria.

Raw milk, no matter how carefully produced, may be unsafe.”(3-31-22)

b.The warning shall appear within a heavy borderline in a color sharply contrasting to that of the background. The signal word “WARNING” shall appear in capital letters of ten point type or greater. The remaining text of the warning shall be printed in capital letters of six point type or greater.(3-31-22)

04.Commingled Milk Label. The label of raw milk or raw milk products containing milk from commingled species must identify the species from which the raw milk was obtained.(3-31-22)

05.Misleading Labels. It is a violation of these rules to use any misleading marks, words, or endorsements on the label. Registered trade designs or similar terms on the bottle cap or label may be used if the Department determines that the designs or terms are not misleading and do not obscure the labeling required by these rules. Any misleading labeling on the final container will cause the product to be considered misbranded. (3-31-22)

IDAPA 02.04.13.015 (Reserved)

IDAPA 02.04.13.020 Raw Milk Permits

01.Legal Sale.

It is unlawful for any person who does not possess a raw milk permit from the Department to produce, process, sell, or offer for sale raw milk or raw milk products for human consumption to persons other than members of the dairy farm’s immediate household.(3-31-22)

02.Permit Requirements. Prior to the issuance of a raw milk permit, each dairy farm must comply with the following requirements:(3-31-22)

a.Submit an application to the Department indicating the physical location of the dairy and the mailing address of the responsible party;(3-31-22)

b.Meet the tuberculosis and brucellosis standards as set forth in Section 013 of these rules; (3-31-22)

c.All raw milk and raw milk products must be produced and processed on the same premises.

03.Transfer of Permits. Raw Milk Permits are not transferable to another person or location.

IDAPA 02.04.13.021 (Reserved)

IDAPA 02.04.13.030 Nutrient Management Plans

All raw milk dairy farms with animals registered to the raw milk program that exceed a cumulative total of thirty (30)

Animal Units shall be required to have a Dairy Nutrient Management Plan (DNMP) that is approved by the Department and conforms to the requirements set forth in IDAPA 02.04.14, “Rules Governing Dairy Byproduct,” and IDAPA 02.04.30, “Rules Governing Environmental and Nutrient Management.”(3-31-22)

IDAPA 02.04.13.031 (Reserved)

IDAPA 02.04.13.040 Herd Share Programs

The dairy farm or farmer responsible for a herd participating in a herd share program must register the farm or dairy with the Department and is subject to all the provisions of Section 37-1101, Idaho Code.(3-31-22)

IDAPA 02.04.13.041 (Reserved)

IDAPA 02.04.13.050 Permit Enforcement

Section 050 applies to the enforcement of Raw Milk Permits.(3-31-22)

01.Permit Suspension. The Department may suspend a permit whenever it has reason to believe that a public health hazard exists, whenever the permit holder has violated any of the requirements of these rules, or whenever the permit holder has interfered with the Department in the performance of its duties.(3-31-22)

a.Prior to suspending a permit, the Department will serve a written notice of intent to suspend the permit that specifies the alleged violation(s). Reasonable opportunity to correct the violation(s) will be given before the permit suspension order becomes effective. A permit suspension will remain in effect until the violation has been corrected to the satisfaction of the Department.(3-31-22)

b.Whenever the raw milk or raw milk products create or appear to create an imminent hazard to the public health, the Department may immediately suspend the permit without the prior notice procedure set forth in these rules. The Department will provide notice and opportunity for hearing after the suspension, in accordance with Title 67, Chapter 52, Idaho Code.(3-31-22)

c.Upon written request by any person whose permit has been suspended, or by any person who has been served with a notice of intent to suspend, the Department will proceed to a hearing and, upon evidence presented at such hearing, may affirm, modify, or rescind the suspension or intention to suspend.(3-31-22)

d.The Department may forego permit suspension provided the raw milk or raw milk products in violation are not sold, offered for sale, or distributed for human consumption.(3-31-22)

02.Permit Revocation. If repeated violations occur, the Department may revoke a permit after reasonable notice and an opportunity for a hearing have been given to the permit holder. This section is not intended to preclude the institution of court action.(3-31-22)

03.Permit Reinstatement. Any raw milk producer whose permit has been suspended or revoked may make written application for the reinstatement of the permit.(3-31-22)

a.When the permit has been suspended due to a violation of a requirement, the application for reinstatement must show that the violation has been corrected for the permit to be reinstated.(3-31-22)

IDAPA 02.04.13.051 (Reserved)

02.04.27 Rules Governing Deleterious Exotic Animals

IDAPA 02.04.27.000 Legal Authority

This chapter is adopted under the l egal authority of Sections 25-3903 and 25-3904, Idaho Code.(3-31-22)

IDAPA 02.04.27.001 Scope

These rules govern the designation, importation, and possessi on of deleterious exotic animals. (3-31-22)

IDAPA 02.04.27.002 (Reserved)

IDAPA 02.04.27.004 Incorporation by Reference

01.Code of Federal Regulations.

Title 9, Parts 1, 2, 3, 4, and 161, CFR, January 1, 2021, which can be viewed online at https://www.ecfr.gov/cgi-bin/text-idx?SID=6571350cf31edd290fbf1fcb50086c2d&mc=true&tpl =/ecfrbrowse/Title09/9cfrv1_02.tpl#0.(3-31-22)

IDAPA 02.04.27.005 (Reserved)

IDAPA 02.04.27.010 Definitions

The following definitions apply to the interpretation and enforcement of this chapter.(3-31-22)

01.Accredited Veterinarian. A veterinarian approved by the Administrator and the USDA/APHIS/ VS, in accordance with provisions of Title 9, Part 161, Code of Federal Regulations, to perform functions of State- Federal animal disease control programs.(3-31-22)

02.Deleterious Exotic Animal. Any live animal, that is not native to the state of Idaho and is determined by the Administrator to be dangerous to the environment, livestock, agriculture, or wildlife of the state.

03.Facility. A location, including buildings, cages, corrals, pens, ponds, raceways, tanks, adjacent land, or other areas, where deleterious exotic animals are possessed.(3-31-22)

04.Possess. To confine, control, keep, have, hold, house, or own for any period of time.(3-31-22)

05.State Animal Health Official. The Administrator, or his designee, responsible for disease control and eradication activities.(3-31-22)

06.Traveling Exhibition. A temporary exhibition, including, but not limited to, circus, carnival, group, show, or zoo, not permanently located in the state, that possesses deleterious exotic animals.(3-31-22)

IDAPA 02.04.27.011 Abbreviations

01.AZA.

Association of Zoos and Aquariums.(3-31-22)

02.CFR. Code of Federal Regulations.(3-31-22)

03.IDFG. Idaho Department of Fish and Game.(3-31-22)

04.ISIS. International Species Information System.(3-31-22)

05.PMP. Population Management Plan.(3-31-22)

06.SSP. Species Survival Plan.(3-31-22)

07.TAG. Taxon Advisory Group.(3-31-22)

08.USDA. United States Department of Agriculture.(3-31-22)

IDAPA 02.04.27.012 (Reserved)

IDAPA 02.04.27.020 Applicability

These rules apply to the importation and possession of all deleterious exotic animals in Idaho.(3-31-22)

IDAPA 02.04.27.021 Inspections

In order to ascertain compliance w ith this chapter, the Administrator is authorized to enter and inspect premises and other areas where animals are held or kept.(3-31-22)

01.Entering Premises. State animal health officials will attempt to notify the owner or operator of the premises or other area prior to conducting an inspection.(3-31-22)

02.Emergencies. In the event of an emergency, as determined by the Administrator, the notification requirements of Section 021 of this rule may be waived.(3-31-22)

IDAPA 02.04.27.022 (Reserved)

IDAPA 02.04.27.100 Possession and Propagation of Deleterious Exotic Animals

01.Possession. N o person may possess a deleterious exotic animal in the state, unless such person obtains a possession permit issued by the Administrator.(3-31-22)

02.Propagation. No person may propagate a deleterious exotic animal in the state without the approval of the Administrator. If the Administrator grants approval to propagate deleterious exotic animals, such approval will be noted on the applicable possession permit. Persons seeking permission to propagate a deleterious exotic animal must meet the following requirements:(3-31-22)

a.Obtain, and be in full compliance with, a possession permit issued by the Administrator; (3-31-22)

b.Obtain, and be in full compliance with, a USDA exhibitor’s license for the facility where deleterious exotic animals will be possessed; and(3-31-22)

c.Facility must be AZA accredited.(3-31-22)

IDAPA 02.04.27.101 Possession Permits

01.Application for Possession Permits. Perso ns seeking a possession permit must make application on a form prescribed by the Administrator. Separate applications are to be submitted for each facility where deleterious exotic animals will be possessed. A person who receives a possession permit for deleterious exotic animals must submit a new application for each additional deleterious exotic animal that person seeks to possess. The application must include:(3-31-22)

a.The applicant’s name, address (residence and mailing), and Employer Identification Number or Social Security Number.(3-31-22)

b.Description of the proposed facility, including:(3-31-22)

i.A map identifying the location of the proposed facility;(3-31-22)

ii.The legal description and location of the real property for the proposed facility;(3-31-22)

iii.A detailed diagram of proposed facility, identifying fences, gates, confinement areas; and

iv.The specifications for exterior fencing, interior fencing, fence height, fencing materials of the confinement areas for all deleterious exotic animals listed on the application.(3-31-22)

c.Name and address of the owner(s) of the proposed facility, if not the applicant. If the proposed facility will be leased, include a written and notarized statement by the owner of the property authorizing the use of the proposed facility to house deleterious exotic animals.(3-31-22)

d.Copy of approval by the local zoning authority, if approval is required by the local zoning authority.

e.Description of each deleterious exotic animal to be possessed at the facility, including genus, species, sex, age, form of identification, identification number, and purpose for possessing each deleterious exotic animal.(3-31-22)

f.Name and address of the owner of each deleterious exotic animal listed on the application.

g.Name and address of the licensed Idaho veterinarian who will provide care for the deleterious exotic animal(s) listed on the application.(3-31-22)

h.Written statement detailing the applicant’s training and experience with the species listed on the application.(3-31-22)

i.Written statement detailing the procedure in the event a deleterious exotic animal escapes from the facility.(3-31-22)

j.Documentation of licenses issued by the USDA, if applicable.(3-31-22)

k.Documentation of licenses issued by the U.S. Fish and Wildlife Service, if applicable.(3-31-22)

l.Documentation of accreditation by the AZA, if applicable.(3-31-22)

m.The required information set forth Paragraph 100.02.e., of these rules, if applicable.(3-31-22)

n.For each deleterious exotic animal listed on the application, proof of sterilization, unless the applicant intends to propagate the deleterious exotic animal and fully satisfies the requirements of Subsection 100.02, of these rules.(3-31-22)

o.The date upon which the proposed facility will be available for inspection by the Department, which must be not less than seven (7) days prior to the time the exotic animals are possessed at the proposed facility.

02.Application Review. The Administrator will review the possession permit application and, in determining whether to issue the possession permit, consider factors relating to protection of the state’s agriculture industry, the wildlife of the state, and the environment. Such factors include, but are not limited to:(3-31-22)

a.Proximity of the facility to farms, ranches, wildlife migration routes, and other areas in which native Idaho wildlife may commonly be found.(3-31-22)

b.Potential for unintended or accidental access to the facility.(3-31-22)

c.Potential for vandalism that compromises the security of the facility.(3-31-22)

d.Potential for escape from the facility.(3-31-22)

e.The size of the facility relative to the number of animals proposed to be kept at the facility.

f.Whether, based on the applicant’s certification and any other evidence received by the Adm inistrator in connection with the proposed facility, all federal, state, county and city laws applicable to the facility have been met.(3-31-22)

g.Whether the applicant has adequate knowledge, experience, and training to maintain the health, welfare, and safety of the deleterious exotic animal(s), and to handle the deleterious exotic animal(s) with safety and competence. Such experience may be documented by a log book, employment records, education records, or other means by which experience may be authenticated.(3-31-22)

03.Grant or Denial of the Permit. Following review of the application and any other relevant information, the Administrator will either issue the possession permit or deny the application and notify the applicant.

If the Department issues the permit, it may include any conditions intended to ensure the health, welfare and safety of the animal(s) covered by the permit and, where the Department finds it necessary, conditions intended to assure the security of the facility so as to avoid undue risk to the state’s agriculture, wildlife and the environment.(3-31-22)

04.Duration of Possession Permit. A possession permit is valid for the life of the deleterious exotic animal listed on a possession permit, until the permitted person no longer possess the deleterious exotic animal, or until the deleterious exotic animal leaves the state.(3-31-22)

IDAPA 02.04.27.102 Temporary Exhibitor Permits

A traveling exhibition may not possess any deleterious exotic animal in the state unless the traveling exhibition obtains a temporary exhibitor permit issued by the Administrator.(3-31-22)

01.Application for Temporary Exhibitor Permits. Persons seeking a temporary exhibitor permit must make application on a form prescribed by the Administrator and include the following information:(3-31-22)

a.The applicant’s name, address (business and mailing) and Employer Identification Number or Social Security Number.(3-31-22)

b.The name and address of the owner(s) and operator(s) of the temporary exhibition, if not the applicant.(3-31-22)

c.Description of the cages or other housing in which the deleterious exotic animal(s) will be kept in the state.(3-31-22)

d.The physical address of each location(s) at which the deleterious exotic animal(s) will remain while in the state.(3-31-22)

e.A map identifying the location(s) at which the deleterious exotic animal(s) will be kept. (3-31-22)

f.Name and address of the owner(s) of the location(s) at which the deleterious exotic animal(s) will be kept.(3-31-22)

g.Written statement detailing the procedure(s) in the event a deleterious exotic animal escapes from the temporary exhibit.(3-31-22)

h.Documentation of licenses issued by the USDA, if applicable.(3-31-22)

02.Period of Validity. Temporary exhibitor permits are valid for no more than forty-five (45) days after the date of issuance of the permit.(3-31-22)

03.Removal. All deleterious exotic animals subject to a temporary exhibitor permit must be removed from Idaho prior to the expiration of the import permit.(3-31-22)

IDAPA 02.04.27.103 (Reserved)

IDAPA 02.04.27.110 Importation of Deleterious Exotic Animals

No person may import any deleterious exotic animal into the state unless the deleterious exotic animal is accompanied in transit by an import permit issued by the Administrator and an official certificate of veterinary inspection.(3-31-22)

IDAPA 02.04.27.111 (Reserved)

IDAPA 02.04.27.120 Disposition of Non-Permitted Deleterious Exotic Animals

The Administrator may order non-permitted or illegally possessed or imported deleterious exotic animals to be removed from the state, moved to facilities that are in compliance with this chapter, or destroyed.(3-31-22)

IDAPA 02.04.27.121 Transfer of Deleterious Exotic Animals

No person may transfer, sell, barter, trade, change ownershi p, or change possession of any deleterious exotic animal, unless the person receiving the deleterious exotic animal has obtained a possession permit, issued by the Administrator, prior to the animal being transferred.(3-31-22)

IDAPA 02.04.27.122 Release of Deleterious Exotic Animals

No person may release any deleterious exotic anim al within the state.(3-31-22)

IDAPA 02.04.27.123 Revocation of Permits

Permits issued pursuant to this chapter may be revoked at any time if the Administrator finds violations of any of the provisi ons of this chapter.(3-31-22)

IDAPA 02.04.27.124 (Reserved)

IDAPA 02.04.27.201 Confinement Areas

All deleterious exotic animals must be confined in areas/facilities constructed to prevent escape.(3-31-22)

IDAPA 02.04.27.202 Escape of Deleterious Exotic Animals

Persons possessing deleterious exotic animals must report the escape of any deleterious exotic animal to the Adm inistrator within twenty-four (24) hours of the discovery of the escape.(3-31-22)

IDAPA 02.04.27.203 Identification of Deleterious Exotic Animals

All deleterious exotic animals must be identified with a u nique identification according to the following standards, depending on the species of the deleterious exotic animal:(3-31-22)

01.Birds. Birds are to be identified with a microchip and a leg band.(3-31-22)

02.Mammals. Mammals are to be identified with a microchip.(3-31-22)

IDAPA 02.04.27.204 (Reserved)

IDAPA 02.04.27.300 Recordkeeping

01.Annual Inventory.

Any person that possesses deleterious exotic animals must submit a complete and accurate annual inventory of such animals to the Administrator on or before the first day of July each year on a form approved by the Administrator, available at https://agri.idaho.gov.(3-31-22)

02.Records of Transfers. All persons who transfer, sell, barter, trade, change ownership, or change possession of deleterious exotic animals must keep complete and accurate records of the disposition of any deleterious exotic animals, including the new contact information for persons in possession of the deleterious exotic animal and date of disposition. Such records must be maintained for a minimum of three (3) years and presented to the Administrator upon request.(3-31-22)

IDAPA 02.04.27.301 (Reserved)

IDAPA 02.04.27.400 List of Deleterious Exotic Animals

The Administrator may add or remove animal species to the list of deleterious exotic animals in this chapter by issuin g a written order listing animals and the reasons for adding them to or removing them from the list deleterious exotic animals.(3-31-22)

IDAPA 02.04.27.401 Deleterious Exotic Animals - Birds

01.Mute Swan, (Cygn us olor). Mute swans except those that have been pinioned.(3-31-22)

IDAPA 02.04.27.402 Deleterious Exotic Animals - Mammals: Canidae

01.All Non-native Canidae Species.

IDAPA 02.04.27.403 Deleterious Exotic Animals -- Mammals: Large Felidae

All deleterious exotic Large Felidae must be posses sed on a facility that is AZA accredited.(3-31-22)

01.Caracal (Felis caracal).(3-31-22)

02.Cheetah (Acinonyx jubatus).(3-31-22)

03.Jaguar (Panthera onca).(3-31-22)

04.Leopard (Panthera pardus). All leopards.(3-31-22)

05.Lion (Panthera leo).(3-31-22)

06.Tiger (Panthera tigris). All tigers and tiger-hybrids.(3-31-22)

IDAPA 02.04.27.404 Deleterious Exotic Animals -- Mammals: Small Felidae

01.Geoffroy’s Cat (Fel is geoffroyi).(3-31-22)

02.Margay (Felis wiedii).(3-31-22)

03.Ocelot (Felis pardalis).(3-31-22)

04.Serval (Felis serval).(3-31-22)

IDAPA 02.04.27.405 Deleterious Exotic Animals - Mammals: Insectivores

01.European Hedgehog (Erinaceus euro peaus).(3-31-22)

IDAPA 02.04.27.406 Deleterious Exotic Animals - Mam

MALS: MARSUPIALS.

01.Brush Tailed Possum (T richsurus vulpecula).(3-31-22)

IDAPA 02.04.27.407 Deleterious Exotic Animals - Mammals: Non-Human Primates

All non-human primates must be possessed on a facility that is AZA accredited. The following primate species are exempt from this rule:(3-31-22)

01.Capuchin (Cebus spp).(3-31-22)

02.Marmoset (Saimiri spp).(3-31-22)

03.Spider Monkeys (Atleles spp).(3-31-22)

04.Squirrel Monkeys (Callithrix, Cebuella, Callibella, and Mico spp).(3-31-22)

IDAPA 02.04.27.408 Deleterious Exotic Animals - Mammals: Ovidae

01.Barbary Sheep (Am motragus lervia).(3-31-22)

02.Mouflon Sheep (Ovis musimon).(3-31-22)

IDAPA 02.04.27.409 Deleterious Exotic Animals - Mammals: Procyonidae

01.Coatimundi.(3-31-22)

02.Kinkajou.(3-31-22)

IDAPA 02.04.27.410 Deleterious Exotic Animals - Mammals: Rodentia

01.African Dormice (Grap hiurus).(3-31-22)

02.African Rope Squirrels (Funisciurus).(3-31-22)

03.African Striped Mice (Hybomys).(3-31-22)

04.African Tree Squirrels (Heliosciurus).(3-31-22)

05.Brush-Tailed Porcupines (Atherurus).(3-31-22)

06.Gambian Giant Pouched Rats (Cricetomys).(3-31-22)

07.Prairie Dogs (Cynomys).(3-31-22)

08.South American Rodents. All South American rodents except guinea pigs and chinchillas.

IDAPA 02.04.27.411 Deleterious Exotic Animals - Mammals: Suidae

01.European or Russian Wild Boar (Sus scrofa).

IDAPA 02.04.27.412 Deleterious Exotic Animals - Mammals: Tayassuidae

01.Peccary (Di cotyles tajacu).(3-31-22)

IDAPA 02.04.27.413 (Reserved)

02.01.08 Rules Governing Grizzly Bear and Wolf Depredation

IDAPA 02.01.08.000 Legal Authority

Section 36 -1121, Idaho Code.(7-1-26)

IDAPA 02.01.08.001 Scope

This chapter governs compensation to liv estock owners that have experienced depredation of livestock by grizzly bear and/or wolves.(7-1-26)

IDAPA 02.01.08.002 (Reserved)

IDAPA 02.01.08.010 Definitions

For the purposes of this rule, the following are defined as:(7-1-26) 01.

Depredation. The damage or destruction of property, including livestock, by a wolf or grizzly bear.

02.Producer. Any person who owns livestock for purposes of herding, breeding, raising, or selling.

03.Confirmed. A finding that depredation was definitive as determined by a state authorized investigator through a physical field examination.(7-1-26)

04.Probable. A finding that depredation was likely as determined by a state authorized investigator through a physical field examination.(7-1-26)

05.Possible. A finding that depredation may have occurred, but the evidence available during the physical field examination is insufficient to support a probable or confirmed determination. The cause of death may be unclear.(7-1-26)

06.Negative/Unknown Finding. A finding on the physical field examination that the depredation was not definitively due to a grizzly bear or wolf attack or is unknown/inconclusive.(7-1-26)

07.State Authorized Investigator. United States Department of Agriculture (USDA) Wildlife Services or other state, federal, or county agency, that has been approved by the Agencies to perform physical field examinations. The Idaho Depredating Wildlife Appeals Board is considered a State Authorized Investigator. (7-1-26)

08.Physical Field Examination. An on-site examination performed by a state authorized investigator to examine the incident, and a cause will be determined based on evidence collected.(7-1-26)

09.The Agencies. The Idaho State Department of Agriculture, Department of Fish and Game, and Office of Species Conservation, collectively.(7-1-26)

IDAPA 02.01.08.011 (Reserved)

IDAPA 02.01.08.101 Compensation Matrix for Depredated Livestock

01.Compensation Valuation.

The program employs the following protocols for determining compensation valuation of livestock.(7-1-26)

a.Prices paid will be based on the market rate for the grazing season/calendar year in which the losses occurred. This market rate is based on the type of livestock that was depredated. Reports that may be used are: a comprehensive nationwide average through Cattlefax (www.cattlefax.com), USDA reports, American Sheep Industry market reports, a compilation of USDA private market data and local prices. The rates are listed for adult cows, bulls, calves, ewes, rams, lambs, equine, goats, llamas, swine, poultry, and bees.(7-1-26)

b.Compensation will be paid based upon site specific information regarding actual losses (kills or injuries) submitted by the applicant with the Species Depredation Investigation Report being the foundation of the claim. Actions by the Idaho Depredating Wildlife Appeals Board will be considered the final Investigation Report for the purposes of this chapter, per Section 22-5501, Idaho Code.(7-1-26)

c.Injured Livestock Compensation. Producers may be compensated for the value of injured livestock in any of the following methods:(7-1-26)

i.The compensation program may pay for the value of an injured animal that cannot be marketed due to injuries sustained in an eligible attack; or(7-1-26)

ii.The compensation program may pay for injured livestock that are sold at a reduced price due to an eligible attack. The reimbursement will be the difference of the sale price from the fair market value; or(7-1-26)

iii.For those animals not otherwise compensated, the compensation program may pay the cost of veterinary care up to seventy-five percent (75%) of the market rate as determined above for confirmed injured livestock. Invoices for care from a licensed veterinarian must be submitted with the application. Documentation supporting the requested compensation for veterinary care must be submitted in order to qualify for compensation.

iv.If an animal is injured due to a grizzly bear or wolf and then must be euthanized due to its injuries, an investigator will need to complete an updated Species Depredation Investigation Report to document the change in status. For those animals not otherwise compensated, the compensation program will compensate for the value of the animal upon confirmation.(7-1-26)

d.Claims for depredation shall be paid on a pro rata basis in the event moneys in the fund are insufficient to pay all Confirmed claims in full until such time as moneys in the fund are depleted.(7-1-26)

e.Any moneys in the fund after payment of Confirmed claims shall then be paid to those producers with Probable, then Possible claims of depredation. Claims shall be paid on a pro rata basis in the event moneys in the fund are insufficient to pay all claims in full, until such moneys in the fund are depleted. Negative/Unknown findings will not be paid through this program.(7-1-26)

f.Compensation will not be automatic and the determination of compensation by the Agencies will be final.(7-1-26)

02.Claims. All claims must be submitted to the Office of Species Conservation no later than December 31 for claims during that calendar year. The Office of Species Conservation will submit all eligible claims for payment to the Idaho State Department of Agriculture no later than the end of January following the year of the claim. The Idaho State Department of Agriculture will issue eligible compensation payments no later than the end of February following the year of the claims. Full or pro-rated payments will be dependent on available funding.

IDAPA 02.01.08.102 (Reserved)

IDAPA 02.01.08.110 Physical Field Examinations

Physical field examinations will be conducted by a state authorized investigator. A field examination process will be performed by the investigator to determine a finding for reported suspected depredation incidents. A list of state authorized investigators and field examination protocols can be viewed on the Office of Species Conservation website at www.species.idaho.gov.(7-1-26)

IDAPA 02.01.08.111 (Reserved)

IDAPA 02.01.08.150 Conflict Prevention Program

The program employs a program for funding projects that assists to prev ent depredation. Protocols for determining approvals and funding can be found on the Office of Species Conservation website at www.species.idaho.gov.

IDAPA 02.01.08.151 (Reserved)

02.01.04 Rules Governing the Voluntary Idaho Preferred Promotion Program

IDAPA 02.01.04.000 Legal Authority

This chapter is adopted under the legal authority of Section 22-112, Idaho Code.(3-23-23)

IDAPA 02.01.04.001 Scope

These rules govern the participation in, and product sel ection criteria for the voluntary Idaho Preferred program.

IDAPA 02.01.04.002 (Reserved)

IDAPA 02.01.04.010 Definitions

The following definitions apply in the interpretation and enforcement of this chapter.(3-23-23) 01.

Agricultural Product. Any fresh or processed apicultural, aquacultural, avicultural, beverage, cervidae, dairy, horticultural, livestock, forestry, viticultural, or other farm or garden product.(3-23-23)

02.Apicultural Product. Products produced from or related to honey bees or honey.(3-23-23)

03.Aquacultural Product. Products produced from or related to fish, reptiles, or other aquatic animals.(3-23-23)

04.Avicultural Product. Products produced from or related to birds, including but not limited to, ratites or poultry.(3-23-23)

05.Beverage. Drinks including but not limited to wine, beer, distilled spirits, bottled water, or flavored drinks.(3-23-23)

06.Cervidae Product. Products produced from or related to fallow deer, elk, or reindeer owned by a person.(3-23-23)

07.Co-Packer. A co-packer is a food processor that processes and packages products for clients for a fee. (3-23-23)

08.Dairy Product. Products produced from or related to milk from cattle, goats, or sheep.(3-23-23)

09.Forest Products. All products made of wood fiber such as timber, wood chips, sawdust or shavings, including but not limited to lumber, paper, particleboard, fence or corral posts or rails, shingles, shakes, firewood or pellets, logs used in the construction of log homes or any other product sold commercially.(3-23-23)

10.Fresh Produce, Commodities, and Fresh Meat. Bulk or packaged agricultural products that have been cleaned, sorted, or otherwise prepared and are sold or distributed in an unprocessed or minimally processed condition.(3-23-23)

11.Horticultural Products. Plants, including but not limited to, fruits, vegetables, flowers, seeds, or ornamental plants.(3-23-23)

12.Livestock. Domestic animals including but not limited to cattle, sheep, pigs, goats, domestic cervidae, domestic bison, camelids, or horses.(3-23-23)

13.Livestock Product. Products produced from or related to livestock.(3-23-23)

14.Non-Food Agricultural Products. Products not intended for human consumption, including but not limited to, animal feed, compost, hides, or skins.(3-23-23)

15.Supporting Organization. Any commission, association, or incorporated group supporting the efforts of the Idaho Preferred program.(3-23-23)

16.Nursery Stock. All botanically classified plants or any part thereof, such as aquatic or herbaceous plants, bulbs, sod, buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamental trees, and shrubs, berry plants, and all trees, shrubs, vines, and plants collected in the wild that are grown or kept for propagation or sale. Nursery stock does not include field and forage crops, seeds of grasses, cereal grains, vegetable crops and flowers, bulbs and tubers of vegetable crops, vegetables or fruit used for food or feed, cut trees or cut flowers unless stems or other portions thereof are intended for propagation.(3-23-23)

17.Participant. A person who has applied to the Department and been approved for participation in the Idaho Preferred program.(3-23-23)

18.Processed Food. Any food product which has been transformed from its natural state by methods including but not limited to freezing, cutting, heating, drying, treating, or adding ingredients.(3-23-23)

19.Processor. A person engaged in the manufacturing of processed food.(3-23-23)

20.Producer. A person engaged in the business of growing or raising food, fiber, feed, or other agricultural products.(3-23-23)

21.Viticultural Products. Products produced from or related to grapes and wine.(3-23-23)

IDAPA 02.01.04.011 (Reserved)

IDAPA 02.01.04.100 Application for Participation

01.Application Requirement.

Applications will be made on a form prescribed by the Department, must be complete and may be submitted any time of the year. (3-23-23)

IDAPA 02.01.04.101 Participation Duration and Renewal

01.Duration. Parti cipation is on an annual basis, coinciding with the calender year beginning January 1 and ending December 31.(3-23-23)

IDAPA 02.01.04.102 (Reserved)

IDAPA 02.01.04.110 Participation Fees

01.Fee. Parti cipation is offered on a one-year basis. Fees will be listed in the participation application and will not exceed one thousand dollars ($1,000) per year.(3-23-23)

IDAPA 02.01.04.111 (Reserved)

IDAPA 02.01.04.200 Product Qualification

01.Authority of Determi nation. The Director has sole authority in determining the eligibility of a product for participation in the program.(3-23-23)

02.Fresh Produce and Commodities. Fresh produce and commodities are one hundred percent (100%) Idaho grown or raised.(3-23-23)

03.Processed Foods and Beverages. Processed foods and beverages:(3-23-23)

a.Contain a minimum of twenty percent (20%) agricultural content by weight that has been grown or raised in Idaho; and(3-23-23)

b.Be processed in the state of Idaho.(3-23-23)

c.If a company registered in Idaho uses a co-packing facility and an acceptable co-packing facility is not available in Idaho, the company may request an exception from the Director under section 200.15(3-23-23)

04.Non-Food Agricultural Products. Non-food agricultural products must be at least twenty percent (20%) agricultural content by weight that has been grown or raised in Idaho and processing must occur in Idaho.

05.Potatoes. Only certification marks owned or administered by the Idaho Potato Commission may be branded on potatoes grown in Idaho unless prior Idaho Potato Commission approval in writing is secured and granted for the use of additional words or designs. Any person or participant applying to the Idaho Preferred program, with the intention to promote Idaho-grown potatoes or products made from Idaho-grown potatoes, and provide proof of such permission prior to making application with the Department.(3-23-23)

06.Wine. Wines contain a minimum of ninety-five percent (95%) Idaho grapes.(3-23-23)

07.Beer. Beer will brewed in Idaho and at least one (1) Idaho agricultural product such as malt, wheat or hops, or soluble remnant thereof, but excluding water.(3-23-23)

08.Distilled Spirits. Distilled spirits will be distilled in Idaho; and contain at least one (1) Idaho agricultural product such as grains, potatoes or fruit, but excluding water.(3-23-23)

09.Water. Water must be extracted from an Idaho water source.(3-23-23)

10.Nursery Stock. Nursery stock will have been grown in Idaho a minimum of one (1) growing season or growing cycle.(3-23-23)

11.Livestock Products. Livestock products come from livestock that:(3-23-23)

a.Were born, raised and harvested in the United States. No livestock that originate from outside the United States may qualify.(3-23-23)

b.Are raised, grazed, fed, or processed in Idaho.(3-23-23)

12.Poultry and Poultry Products. Poultry and poultry products will come from fowl that: (3-23-23)

a.Are hatched, raised and harvested in the United States. No fowl that originate from, or reside for any portion of their life outside the United States may qualify.(3-23-23)

b.Are raised and processed in Idaho. Fertile eggs, also known as hatching eggs, or chicks less than three (3) days of age that originate outside of Idaho, but are raised or processed in Idaho, may qualify for Idaho Preferred .(3-23-23)

13.Apicultural Products. Products produced by honey bees including honey, wax, pollen, and propolis will be one hundred percent (100%) Idaho origin. Processed honey will be eighty percent (80%) Idaho origin.(3-23-23)

14.Forest Products. Forest products will:(3-23-23)

a.Contain a minimum of eighty percent (80%) of their wood fiber content from trees grown in Idaho; and (3-23-23)

b.Be manufactured in Idaho.(3-23-23)

15.Exceptions. The Director has the authority to establish product qualification requirements specific to individual products and commodities by written order.(3-23-23)

IDAPA 02.01.04.201 (Reserved)

IDAPA 02.01.04.300 Logo

The Idaho Preferred logo has been registered by the Department with the United States Library of Congress (Copyright registration), the United States Patent and Trademark Office (Certification Mark registration), the Idaho Secretary of State (Certificate of Trademark) and is afforded all protections provided for by law. The logo shall be used only by those participants in compliance with this chapter. The Department will provide a logo style manual specifying approved colors, treatments, and fonts for the Idaho Preferred logo.(3-23-23)

01.Approval for Use of Logo. Participants who wish to use the Idaho Preferred logo on packaging, labels, flyers, promotional materials, or any other materials that will be viewed by the public must submit a proof of text and design to the Department for approval. Requests for approval must be submitted to the Idaho State Department of Agriculture, Marketing Division not less than five (5) working days prior to the proposed date of use.

Written approval from the Department for logo use must be issued prior to use of the logo.(3-23-23)

02.Repeal of Approval of Use of Logo. The Department reserves the right to repeal the approval of the use of the logo. The Department will provide notice in writing and the participant must cease use immediately.

IDAPA 02.01.04.301 Other Idaho Promotion Programs

01.Commodity-Specific Promotion Programs. Com missions, boards, associations, or other organizations authorized by statute to promote or regulate agricultural products grown, packed, or processed in the state of Idaho shall be the primary and principal promotion and certification mark and trademark organizations for the particular commodity they are authorized to promote or regulate.(3-23-23)

02.Ownership of Marks. Any trademarks, certification marks, brands, seals, logos or other identification marks, that are established, owned or used by such commissions, boards, associations or organizations shall remain their sole property. Any use or infringement of their ownership right is prohibited unless written permission is obtained from an authorized representative of the commission, board, association or organization. .(3-23-23)

IDAPA 02.01.04.302 Distribution of Promotional Material

01.Authorized Use.

The Idaho Preferred® program has the authority to provide retail and food service outlets, farmers' markets, schools, media, fairs, and other such businesses, organizations, and venues the opportunity to promote Idaho food and agricultural products using the program logo and promotional materials. Open distribution of any and all point-of-sale materials, signage, advertising, identification placards, and other such promotional material, in accordance with this chapter and other applicable laws and precedent, is acceptable use and not considered an infringement on the ownership rights of any mark or seal of a supporting organization as defined in this chapter.(3-23-23)

IDAPA 02.01.04.303 (Reserved)

IDAPA 02.01.04.310 Self-Certification

All participants shall self-certify that all pro ducts marked with the Idaho Preferred logo meet the qualification criteria as set forth in this chapter. Self-certification is subject to verification through the application and compliance process.(3-23-23)

IDAPA 02.01.04.311 Compliance

01.Authority of Director.

The Director has the authority to enter upon the premises of any participant to examine and copy any of the following items:(3-23-23)

a.Books, papers, records, ledgers, journals, electronically or magnetically recorded data:(3-23-23)

b.Computers and computer records or memoranda bearing on the usage of the Idaho Preferred logo; and(3-23-23)

c.To secure all other information concerned in the enforcement of these rules.(3-23-23)

02.Random Compliance Inspection. The Director may perform random compliance inspections.

03.Samples. The participant shall, upon the request of the Director, provide samples of the participant’s labels, packaging, merchandising, and promotional materials featuring the Idaho Preferred logo.

IDAPA 02.01.04.312 (Reserved)

IDAPA 02.01.04.315 Violation

Any person found in violation of these rules is subject to termi nation of participation privileges.(3-23-23)

IDAPA 02.01.04.316 (Reserved)

02.02.15 Rules Governing the Seed Indemnity Fund

IDAPA 02.02.15.000 Legal Authority

Section 22-5129, Idaho Code.(7-1-24)

IDAPA 02.02.15.001 Scope

These rules clarify the procedure for licensing, collection and remittance of assessments, determining claim value, maintaining electronic records, use of electronic scales and remedies of the ISDA for non-compliance.(7-1-24)

IDAPA 02.02.15.002 (Reserved)

IDAPA 02.02.15.010 Definitions

In addition to the definitions set forth in Section 22-5102, Idaho Code, and as used in this chapter, “type” means the class of seed (i.e. foundation, certified, registered, noncertified).(7-1-24)

IDAPA 02.02.15.011 Abbreviations

01.GAAP. Generally Accepted Accounting Principles.(7-1-24)

02.ISDA. Idaho State Department of Agriculture.(7-1-24)

03.SIF. The Idaho Seed Indemnity Fund.(7-1-24)

04.USPS. United States Postal Service.(7-1-24)

IDAPA 02.02.15.012 Delivery Voucher

If there are no receipts or scale weight tickets issued a t the time of seed crop delivery, a delivery voucher may be issued. Delivery vouchers shall include at least the following:(7-1-24)

01.Producer. The full name, address and phone number of the producer.(7-1-24)

02.Seed Buyer. The full name, address and phone number of the seed buyer.(7-1-24)

03.Ship To. The full name, address and phone number of the seed facility that the seed crop is to be transferred.(7-1-24)

04.Transportation Company. The name, address and phone number of the transportation company delivering the seed crop to the seed facility. The truck, trailer and seal number, if applicable, driver name (printed), signature and date of transfer.(7-1-24)

05.Seed Crop Shipped. For each seed crop delivery, the type, kind, variety, estimated volume or weight and date of shipment and container identification markings.(7-1-24)

IDAPA 02.02.15.013 Warehouse Receipts

The following information is required on each warehouse receipt:

(7-1-24)

01.Name of Producer.(7-1-24)

02.Name and Address of Seed Buyer.(7-1-24)

03.Kind of Seed Crop.(7-1-24)

04.Date of Delivery.(7-1-24)

05.Weight of Seed Crop Delivered.(7-1-24)

06.Lot Identification.(7-1-24)

IDAPA 02.02.15.014 Scale Weight Tickets

Scale weight tickets for electronic scales that are recorded and mainta ined electronically are exempt from the sequentially numbered and in triplicate requirement.(7-1-24)

01.Pre-Numbered Scale Tickets. If a seed buyer has access to a scale that can be used for weighing seed, the seed buyer is to use pre-numbered scale tickets.(7-1-24)

02.Numerical Order Requirement. A copy of each ticket must be maintained in numerical order.

(7-1-24)

03.Custom Scale Requirement. If a seed buyer does not have access to a scale and has seed crop custom weighed at various locations, the seed buyer must maintain a copy of the scale ticket in chronological order as part of the seed crop records.(7-1-24)

IDAPA 02.02.15.015 (Reserved)

IDAPA 02.02.15.026 Licensing Fees

01.License Fee. If an applicant is not licensed pursuant to the “Pure Seed Law,” Title 22, Chapter 4, Idaho Code, the license fee is equal to the out-of-state license fees, pursuant to Title 22, Chapter 4, and will be deposited to the state treasury and credited to the SIF.(7-1-24)

02.Return of Suspended or Terminated License. If a license issued to a seed buyer has lapsed or is suspended, revoked or canceled by the director, the license and all duplicates shall be returned to the ISDA. At the expiration of any period of suspension, revocation or cancellation, the license will be returned to the seed buyer to whom it was originally issued and be posted as prescribed by these rules.(7-1-24)

03.Loss of License. Upon satisfactory proof of the loss or destruction of a license issued to a seed buyer, a duplicate may be issued under the same number or a new number at the discretion of the director.(7-1-24)

04.License Reinstatement Fee. If license renewal material is received by the ISDA after the current license has expired, but no later than thirty (30) days past due, a reinstatement fee of one hundred dollars ($100) will be assessed. If license renewal material is received after the thirty (30) day late period it will be considered an original license application and will be assessed a license fee equal to the requirements of Section 026. The exemption for license fees in Section 22-5103(3)(a), Idaho Code, will not apply to license renewals that have been received by the ISDA later than thirty (30) days. Fees collected by this subsection will be deposited in the state treasury and credited to the SIF account.(7-1-24)

IDAPA 02.02.15.027 (Reserved)

IDAPA 02.02.15.036 Amount of Bond for Seed Stored for Withdrawal

For the purpose of calculating the bond required pursuant to Sect ion 22-5105, Idaho Code, the value for seed stored for withdrawal is calculated by either using the commonly accepted market price of similar seed crops within the same geographic location or equal to the average value of the same kind of seed crop owned by the seed buyer, whichever is greater, as determined by ISDA.(7-1-24)

IDAPA 02.02.15.037 (Reserved)

IDAPA 02.02.15.047 Maintenance of Records

All records and accounts required under Title 22, Chapter 51, Idaho Code, are kept separate and distinct from a ll records and accounts of any other business of the seed buyer and be subject to inspection by the Director at any reasonable time. Electronic records may be maintained outside of Idaho provided they are available for examination by the ISDA within the state at any reasonable time.(7-1-24)

IDAPA 02.02.15.048 (Reserved)

IDAPA 02.02.15.050 Insurance Requirements

01.Insurance Coverage. Pursuant to Section 22-5114, Idaho Code, the seed buyer must maintain a commercial property policy for loss against, but not limited to:(7-1-24)

a.Loss from fire;(7-1-24)

b.Loss from internal explosion;(7-1-24)

c.Loss from lightning;(7-1-24)

d.Loss from tornado.(7-1-24)

02.Insurance Deductible. The maximum deductible allowed for insurance required by Section 22- 5114, Idaho Code, is fifty thousand dollars ($50,000). However, a larger deductible may be allowed at the discretion of the director. The request must be submitted in writing and kept on file.(7-1-24)

03.Seed Stored for Withdrawal. The amount of insurance coverage must be sufficient to cover the full replacement value of similar or better kind and quality of seed crop.(7-1-24)

04.Self-Insurance. If a seed buyer is self-insured and the seed crop within the licensed seed buyer’s facility has been damaged or destroyed, the seed buyer must make complete settlement to all producers within thirty (30) days of the loss. Failure of the seed buyer to make such settlement is cause to revoke the seed buyer’s license. If the seed buyer and producer agree to other terms, set out in writing, the settlement does not need to be made within the thirty (30) day time period. If only a portion of the seed crop is damaged, settlement may be made on a pro-rata basis to the producer.(7-1-24)

05.Insurance Settlement. When the seed crop within a licensed seed buyer's facility has been damaged or destroyed, the seed buyer must make complete settlement to all producers having seed crops transferred to the seed buyer or stored for withdrawal within ten (10) days after settlement with the insurance company. Failure of the seed buyer to make such settlement is cause to revoke the seed buyer's license. If the seed buyer and producer agree to other terms, set out in writing, the settlement does not need to be made within the ten (10) day time period. If only a portion of the seed crop is damaged, settlement may be made on a pro-rata basis to the producer.(7-1-24)

IDAPA 02.02.15.051 (Reserved)

IDAPA 02.02.15.060 Noncompliance -- Requirements

If a seed buyer is not meeting its obligations to producers, does not have the ability to pay producers, or refuses to submit records and papers for lawful inspection, the ISDA will give written notice to the seed buyer and direct the seed buyer to comply with all of the following requirements within ten (10) working days or as agreed to by the ISDA.(7-1-24)

01.Additional Security Requirements. If it appears the licensee does not have the ability to pay producers for seed crops transferred, or when it appears the licensee does not have a sufficient net worth to outstanding financial obligations ratio, the ISDA may require the licensee to post a bond or other additional acceptable security in the amount of two thousand dollars ($2,000) for each one thousand dollars ($1,000) or fraction thereof of deficiency.(7-1-24)

02.Audited or Reviewed Financial Statement. In addition to Section 22-5113, Idaho Code, the ISDA may require the licensee to submit an audited or reviewed financial statement prepared for the current financial accounting year by an independent certified public accountant or licensed public accountant. The audited or reviewed financial statement is to be prepared in accordance with GAAP. The ISDA may request a follow-up review of the submitted financial statement.(7-1-24)

IDAPA 02.02.15.061 (Reserved)

IDAPA 02.02.15.070 How Assessments Are to Be Calculated

All seed buyers must collect assessments from producers who transfer seed crop or store for withdrawal. Assessments are calculated as follows:(7-1-24)

01.Contract. Assessments are collected on the gross dollar amount, without any deduction, owed to, or paid, or to be paid, on behalf of the producer of the seed crop.(7-1-24)

02.Seed Stored for Withdrawal. On the clean or estimated clean weight at the time the seed crop is withdrawn from the seed facility:(7-1-24)

a.The initial rate of assessment for cereal grain, lentil, pea, and dry edible bean and oil seed stored for withdrawal is not to exceed one hundredth (1/100) cent per pound.(7-1-24)

b.The initial rate of assessment for all seed crops stored for withdrawal other than seed crops pursuant to Section 070, is not to exceed one half (1/2) cent per pound.(7-1-24)

c.The SIF advisory committee may review the assessment rate annually and make recommendations for change, as necessary, to the director.(7-1-24)

d.If the amount of assessment for a producer on all seed stored for withdrawal made in a calendar year is calculated to be less than fifty cents ($.50), no assessment will be collected.(7-1-24)

03.Incidental Costs and Expenses. All incidental costs and expenses including, but not limited to, transportation, cleaning, in and out charges, insurance, taxes and additional services or charges are not be included in the calculation to determine the assessment.(7-1-24)

04.Unpaid Assessments. If any assessment is unpaid and a failure occurs, the amount of the unpaid assessment will be deducted from any SIF recovery paid to the producer.(7-1-24)

IDAPA 02.02.15.071 (Reserved)

IDAPA 02.02.15.080 Collection and Remittance of Sif Assessments

SIF assessments are collected from obligation s owed to the producer or at the time of withdrawal by the seed buyer and remitted to the ISDA. If assessment is paid by mail the payment must be postmarked no later than the twentieth day of the month following the close of the quarter to avoid interest and penalty charges.(7-1-24)

IDAPA 02.02.15.081 (Reserved)

IDAPA 02.02.15.090 Claim Forms and Payment from the Fund

01.Claim Forms. Cl aim forms will be provided by the Department.(7-1-24)

02.Contract. If the seed crop is contracted, the value of the contract price of the seed crop, at the time of payment, may be used to determine payment from the SIF.(7-1-24)

03.Not Contracted or Stored for Withdrawal. If the seed crop is not contracted or stored for withdrawal, the value for payment from the SIF will be determined by a survey of prices, for similar seed crops and similar seed facilities, within the same geographic location as the failed seed buyer.(7-1-24)

IDAPA 02.02.15.091 (Reserved)

02.05.01 Rules Governing Produce Safety

IDAPA 02.05.01.000 Legal Authority

Section 22-5404, Idaho Code.(7-1-25)

IDAPA 02.05.01.001 Scope

The purpose of these rules is to establish standards for g rowing, harvesting, packing, and holding of safe and unadulterated produce for human consumption.(7-1-25)

IDAPA 02.05.01.002 Incorporation by Reference

01.Code of Federal Regulations, Title 21, Part 112, July 5, 2024. Stand ards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption. This document can be viewed online at https://www.fda.gov/food/food-safety-modernization-act-fsma/fsma-final-rule-pre-harvest-agricultural-water.

(7-1-25)

IDAPA 02.05.01.003 (Reserved)

IDAPA 02.05.01.012 Variance

01.Submission of Variance.

The petitioner must submit the petition and all attached documents to the Department via the Department’s food safety email at fsma@isda.idaho.gov or mailed or hand delivered to the Department.(7-1-25)

a.Within thirty (30) days of receiving a petition, the Department will complete a review of a petition.

If the Department determines the petition meets all relevant requirements, the Department will submit the petition to the FDA within ten (10) days of that determination.(7-1-25)

b.If the Department determines that the initial petition or any subsequent version is deficient, the Department will notify the petitioner and return the petition for correction. After correcting the deficiencies, the petitioner must resubmit the petition to the Department for evaluation pursuant to subsection 2 of this section.

(7-1-25)

02.Support and Withdrawal of Petitions.(3-31-22)

a.When the Department submits a petition to the FDA, the petitioner who prepared the petition, or an individual, business, group, association, or entity that supports the petition, shall assist the Department in responding to inquiries or directions from the FDA regarding the petition. If neither the petitioner nor an individual, business, group, association, or entity that supports the petition provides this assistance to the Department within thirty (30) days, the Department may withdraw the petition.(3-31-22)

b.If the FDA takes action to modify or revoke a variance previously granted to the Department, the Department may waive the opportunity for a hearing unless a petitioner or an interested person adequately supports the Department in defending the variance in whole or in part from modification or revocation by FDA.(3-31-22)

IDAPA 02.05.01.013 (Reserved)

02.01.03 Airborne Control of Unprotected or Predatory Animals Rules

IDAPA 02.01.03.000 Legal Authority

This chapter is adopted under the legal authority of Section 22-102A and 36-201, Idaho Code.(3-31-22)

IDAPA 02.01.03.001 Scope

These rules govern the issuance of permits for the airborne con trol of unprotected or predatory animals and establish the duties of permittees.(3-31-22)

IDAPA 02.01.03.002 (Reserved)

IDAPA 02.01.03.010 Definitions

01.Airborne Control.

While airborne in any aircraft, to shoot or attempt to shoot, drive off, or kill unprotected or predatory animals.(3-31-22)

02.Aircraft. Any contrivance used for flight in the air.(3-31-22)

03.Predatory Animal. For the purpose of administering Section 22-102A, Idaho Code, predatory animals include (1) coyotes; (2) wolves; and (3) red fox. Red fox may be controlled in the areas where the Idaho Department of Fish and Game has established a year-round hunting season for red fox, and, in consultation with the Idaho Department of Fish and Game, in specific areas, outside the areas where a year-round hunting season has been established, where red fox are causing predation problems.(3-31-22)

04.Unprotected Animal. An animal which is not designated as protected, threatened, or endangered under federal or state law. (3-31-22)

IDAPA 02.01.03.011 (Reserved)

IDAPA 02.01.03.100 Control Permit

01.Airborne Control Permit Required.

Any person who engages in the airborne control of unprotected or predatory animals must obtain a permit from the Department. Permit applications will be on a form provided by the Department.(3-31-22)

02.Incomplete Application. Failure to provide any of the required application information is cause for denial of a permit.(3-31-22) 03Possession of Permits by Permittee. Permits must be in the possession of the permittee when exercising any privileges thereunder.(3-31-22)

04.Expiration of Permits. Permits are valid from the date of issuance and expire on June 30 of each year.(3-31-22)

05.Written Consent from Private Landowner Required. The applicant must submit written permission from each owner of private land on whose property the applicant plans to conduct airborne control operations. The applicant must also provide the name, address, and telephone number of the owner of the property from whom such permission was obtained.(3-31-22)

06.Changes in Information. Permit holders shall immediately notify the Department of changes in the information supplied in the application or any changes in the conditions under which the permit was issued.

(3-31-22)

IDAPA 02.01.03.101 Issuance of Airborne Control Permits

In determining whether the permit application should be granted or denied, the Director may give reasonable consideration to the following factors:(3-31-22)

01.Threat to Resource. The threat, danger, or menace to the resource requiring protection. (3-31-22)

02.Type of Control. Whether the animals are to be driven off or killed.(3-31-22)

03.Number Issued. The number of permits issued for the same type of animal in the same area.

(3-31-22)

IDAPA 02.01.03.102 Notification to Federal Land Management Agencies

Information concerning authorized airbo rne control activities will be provided to those federal land management agencies on whose land the activities are to be conducted. This provision will not be interpreted to require a permit applicant to obtain permission from the federal land management agency to conduct airborne control activities as a condition of receiving the permit from the Department.(3-31-22)

IDAPA 02.01.03.103 (Reserved)

IDAPA 02.01.03.200 Recordkeeping Requirements

01.Recordkeeping by Permittee. Cont rol permit holders shall maintain records of airborne control activities including:(3-31-22)

a.The resource protected;(3-31-22)

b.The common name of animal and number of animals controlled;(3-31-22)

c.The geographic location of the property where airborne control was conducted; and(3-31-22)

d.The specific dates on which the person was engaged in airborne control activity.(3-31-22)

02.Summary of Control Activities. A summary of all control activities and required recordkeeping shall be submitted to the Director within thirty (30) working days after the end of each calendar quarter.(3-31-22)

IDAPA 02.01.03.201 (Reserved)

IDAPA 02.01.03.300 Prohibited Acts

01.Prohibited Acts Defined. No person may:(3-31-22)

a.Use an airborne control permit to hunt for sport.(3-31-22)

b.Kill any type of animal different from the type of animal specified on the permit.(3-31-22)

c.Transfer an airborne control permit to another person.(3-31-22)

d.Engage in airborne control activities in a geographic area different from the area specified on the permit.(3-31-22)

IDAPA 02.01.03.301 (Reserved)

02.03.03 Rules Governing Pesticide and Chemigation Use and Application

IDAPA 02.03.03.000 Legal Authority

Section 22 -3421, Idaho Code.(7-1-25)

IDAPA 02.03.03.001 Scope

This chapter governs the use and application of pesticides; licensing of pes ticide applicators; registration of pesticides; and responsibilities for chemigation in Idaho.(7-1-25)

IDAPA 02.03.03.002 (Reserved)

IDAPA 02.03.03.004 Incorporation by Reference

The following documents are incorporated by reference:(7-1-24)

01.U.S. Code of Federal Regulations (CFR) Title 40, Part 165, Subpart E. “Standards for Pesticide Containment Structures,” Sections 165.80 through 165.97 that may be viewed at https://www.govregs.com/ regulations/title40_chapterI_part165_subpartE. 71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64228, Oct. 29, 2008

02.U.S. Code of Federal Regulations (CFR) Title 40, Chapter 1, Part 171. “Certification of Pesticide Applicators” that may be viewed at https://www.govregs.com/regulations/title40_chapterI_part171. 82 FR 1028, Jan. 4, 2017

03.Restrictions For Use Of The Livestock Protection Collars (Compound 1080). https:// agri.idaho.gov/main/wp-content/uploads/2020/06/LPC-RESTRICTIONS.pdf. 82 FR 1042, Jan. 4, 2017

IDAPA 02.03.03.005 (Reserved)

IDAPA 02.03.03.010 Definitions

In addition to Section 22-3401, Idaho Cod e, the following are defined as:(7-1-25)

01.Antimicrobial Pesticides. Substances or mixture of substances used to destroy or suppress the growth of harmful microorganisms such as bacteria, viruses, or fungi on inanimate objects and surfaces.(7-1-24)

02.Certification. Passing one (1) or more examinations, to initially demonstrate an applicant’s competence, as required by the licensing provisions of this act, in order to use or distribute pesticides, or to act as a pesticide consultant.(7-1-24)

03.Chemigator. Any person engaged in the application of chemicals through any type of irrigation system.(7-1-24)

04.Hazard Area. Cities, towns, subdivisions, schools, hospitals, or densely populated areas. (7-1-24)

05.High Volatile Esters. Formulations of 2,4-D which contain methyl, ethyl, butyl, isopropyl, octylamyl and pentyl esters.(7-1-24)

06.Janitorial Services. Surface cleaning or surface sanitation operations that use pesticides.Janitorial services extend to households and buildings and may include, but are not limited to; bathroom, food storage/ processing, food service, retail sales, office, maintenance, educational, government and other like facilities. (7-1-24)

07.Limited Supervision. The supervision of a professional commercial apprentice by a supervising applicator licensed in the categories necessary for the pesticide application. The supervising applicator is limited to supervision of two (2) professional commercial apprentice applicators at one (1) time and must maintain immediate communications (voice, radio, cellular telephone, or similar) with the supervised applicators for the duration of all pesticide applications.(7-1-24)

08.Low Volatile Esters. Formulations of 2,4-D; 2,4-DP; MCPA and MCPB which contain butoxyethanol, propylene glycol, tetrahydrofurfuryl, propylene glycol butyl ether, butoxy propyl, ethylhexyl and isoctyl esters.(7-1-24)

09.Mixer-Loader. Any person who works under the supervision of a professional applicator in the mixing and loading of pesticides to prepare for, but not actually make, applications.(7-1-24)

10.On-Site Supervision. A noncertified applicator may apply general use and restricted use pesticides under on-site supervision by a professional applicator with the required license categories. The supervising pesticide applicator must be physically at the site of application, must have visual contact with the pesticide applicator, and must be able to direct the actions of the noncertified pesticide applicator. For restricted use pesticide applications, the supervising applicator may not supervise more than two (2) noncertified pesticide applicators at one (1) time.

11.Pesticide Drift. Movement of pesticide dust or droplets through the air at the time of application or soon after, to any site other than the area intended.(7-1-24)

12.Recertification. The requalification of a certified person through seminar attendance over a set period of time, or taking an examination at the end of a set period of time, to ensure that the person continues to meet the requirements of changing technology and maintains competence.(7-1-24)

13.Seminar. Any Department-approved meeting or activity convened for the purpose of presenting pesticide recertification information.(7-1-24)

14.Sprinkler Irrigation. Method of irrigation in which the water is sprayed, or sprinkled, through the air to the ground surface.(7-1-24)

15.Unmanned Aircraft System (UAS). Unmanned aircraft vehicle(s) and associated elements, including communication links and components that control the unmanned aircraft, that are required for the pilot in command to operate.(7-1-26)

16. Unmanned Aircraft Vehicle (UAV). Any aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.(7-1-26)

17.Waters of the State. Any surface waters such as canals, ditches, laterals, lakes, streams, or rivers.

IDAPA 02.03.03.011 (Reserved)

SUBCHAPTER A – LICENSING OF APPLICATORS AND DEALERS

IDAPA 02.03.03.100 Professional Applicator Licensing

To obtain a professional applicator’s license an applicant must:

01.Submit Application. Submit an application prescribed by the Department with applicable fee (Section 280).(7-1-24)

02.Demonstrate Competence.(7-1-24)

a.All professional applicators must pass the Applicator Core Competency exam or competency training in addition to any other category.

Professional applicators may only, make pesticide recommendations, or make pesticide applications for any purpose for which they have demonstrated competence. Competence is demonstrated by passing Department examinations and becoming licensed in categories described in Subsection

IDAPA 02.03.03.100 04.(7-1-26)

b.In addition to written examination requirements for determining competency for Applicator Core Competency, the Idaho State Department of Agriculture (ISDA) or authorized agent, may employ additional methods for determining competency such as performance testing.(7-1-26)

c.An applicant will demonstrate core competency in all standards outlined in 40 CFR 171.103(c).

03.Certification and Department Examination Procedures. Be certified by passing Department examinations with a minimum score of seventy percent (70%) in the applicable pesticide categories (Subsection 100.04). Examinations shall adhere to standards outlined in 40 CFR 171.103(a)(2). In addition, examinations are:

a.Proctored by ISDA staff or by an authorized agent following approved Department procedures.

b.Retaken after a minimum waiting period of one (1) day.(7-1-24)

c.Scores valid for twelve (12) months from the date of the examination.(7-1-24)

d.It is prohibited to:(7-1-24)

i.Attempt to cheat, or otherwise obtain an unfair advantage on the exam(s).(7-1-24)

ii.Remove or attempt to remove any test questions or responses or any notes from a testing session.

iii.At any time, improperly access or attempt to improperly access the test site, the test (or any part of the test), an answer key, or any information about the test.(7-1-24)

iv.Engage in any way in:(7-1-24)

(1)Theft or attempted theft of test content through platform intrusion.(7-1-24)

(2)Post-exam manipulation of test content, responses, or test administration data.(7-1-24)

(3)Attempting to adversely impact the exam proctor, test center, or testing platforms through any means including cybersecurity means.(7-1-24)

v.Attempt to give or receive assistance, including by copying or through the use of an answer key.

vi.Record or copy information during the testing session including questions, answers, identifying information about the version or form of a test, or any other information that compromises the security of the test.

vii.Communicate with other test takers or other individuals in any form while testing is in session. viii.Allow anyone to see your test questions or answers or attempt to see or copy others’ test questions or answers.(7-1-24)

ix.Consult notes, other people, electronic devices, textbooks, or any other resources during the test or during breaks.(7-1-24)

x.Have subject-related information on your clothing, shoes, or body. (7-1-24)

xi.Use or access any prohibited items including devices or aids such as, but not limited to, mobile phones, smartwatches, fitness trackers, other oral or written communication devices or wearable technology, cameras, notes, and reference books, etc., during or in connection with the test, including during breaks.(7-1-24)

xii.Fail to turn in or store away a mobile/smartphone in accordance with the test site’s collection process.(7-1-24) xiii.Use a prohibited calculator.(7-1-24)

xiv.Deliberately attempt to and/or take the test for someone else or attempt to have someone else impersonate you to take the test.(7-1-24)

04.Categories. All professional applicators must be certified in Applicator Core Competency in one (1) or more of the following categories:

Applicator Core Competency (CO)

Includes general knowledge of pesticides including proper use and disposal, product characteristics, first aid, labeling and laws. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(c). This category is required for all Idaho Professional Pesticide Applicator Licenses Agricultural Crop Pest Control (AC)

This category applies to professional applicators who use or supervise the use of pesticides in production of agricultural commodities including grasslands, and non-crop agricultural lands. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(1)(i).

Aerial Pest Control (AA)

For application of pesticides to all application sites by operating or flying manned fixed-wing or rotary aircraft. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(15).

Aerial UAS Pest Control (AU)

For application of pesticides by operating an unmanned aircraft system. In addition to certification in AU, one or more of the appropriate use categories is required. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(15).

Anti-Fouling Coatings (FC)

For applicators who use or supervise the use of anti-fouling coatings to control fouling organisms on aquatic vessels, underwater structures, and other similar structures. An applicant will demonstrate practical knowledge of problems caused by fouling organisms, methods of control using fouling organisms using through anti-fouling coatings, characteristics of antifouling coatings, alternative active ingredients other than copper-based paints, and best management practices for application and removal of anti-fouling coatings.

Agricultural Livestock Pest Control (LP)

For professional applicators who use or supervise the use of pesticides on animals or to places on or in which animals are confined. Certification in this category alone is not sufficient to authorize the purchase, use, or supervision of use of products for predator control listed in the General Vertebrate category or outlined in 40 CFR 171.101(k)(l). An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(1)(ii).

Aquatic Weed and Pest Control (AP)

For professional applicators who use or supervise the use of any pesticide purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in as specified in the Public Health (PH) category. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(5).

Consultant and Research (CR)

For consultations or recommendations to supply technical advice concerning the use of agricultural pesticides and for the application or supervision of the use of restricted use pesticides (RUPs) for no compensation, to demonstrate the action of the pesticide or conduct research with restricted use pesticides. For all demonstration additional relevant professional applicator categories will be required. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(10).

Forest Pest Control (FP)

For professional applicators who use or supervise the use of pesticides in forests, forest nurseries and forest seed production. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(2).

General Vertebrate Control (GV)

For controlling vertebrate pests such as large and small predators, rodents, and birds by Wildlife Services (WS) personnel of the United States Department of Agriculture-Animal and Plant Health Inspection Service (APHIS). This category applies to professional applicators who use or supervise the use of sodium cyanide and sodium fluoroacetate to control regulated predators.

An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(11-12).

Industrial, Institutional, and Structural Pest Control – Commodity (CP)

For professional applicators who use or supervise the use of pesticides on manufactured products or commodities in the following: Food handling establishments, packing houses, and foodprocessing facilities; and industrial establishments, including commodity storage facilities, grain elevators, and any other similar areas, public or private, for the protection of stored, processed, manufactured products, or commodities. Applicators must demonstrate a practical knowledge of pests associated with manufactured products or commodities, including recognizing those pests and signs of their presence, their habitats, their life cycles, biology, and behavior as it may be relevant to problem identification and control. Applicators must demonstrate practical knowledge of types of formulations appropriate for control of pests associated with manufactured products or commodities, and methods of application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts.

Industrial, Institutional, and Structural Pest Control – Non-Commodity (IP)

For professional applicators who use or supervise the use of pesticides in, on, or around the following: food handling establishments, packing houses, and food-processing facilities; human dwellings; cooling towers; air washers; evaporative condensers; swimming pools; pulp and paper mills; sewer treatment; residential and commercial building; institutions, such as schools, hospitals, and prisons; and industrial establishments, including manufacturing facilities, warehouses, and any other structures and adjacent areas, public or private, for the protection of health, dwellings, structures, and stored, processed, or manufactured products. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(7).

Non-Soil Fumigation (NS)

For professional applicators who use or supervise the use of a pesticide to fumigate anything other than soil. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(14).

Ornamental Pest (OP)

For professional applicators who use or supervise the use of pesticides to control pests in the maintenance and production of ornamental plants and turf. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(3).

Potato Cellar (PC For professional applicators who use or supervise the use of storage-enhancing pesticides in potato cellars. Applicators must demonstrate a practical knowledge of pests associated with stored commodities like potatoes or onions, including recognizing those pests and signs of their presence, their habitats, their life cycles, biology, and behavior as it may be relevant to problem identification and control. Applicators must demonstrate practical knowledge of types of formulations appropriate for controlling pests associated with stored potatoes or onions, and methods of applications that avoid or minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and mi nimize environmental impacts. Certification in Industrial, Institutional, and Structural Pest Control – Commodity (CP) category shall exempt the applicant from the need to certify in this category.

Public Health Pest (PH)

For State, Tribal, Federal or other governmental employees and contractors who use or supervise the use of pesticides in government-sponsored public health programs for the management and control of pests having medical and public health importance. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(8).

a.Professional Commercial Apprentice License. For conducting General Use Pesticide (GUP) applications only in situations applicable to the all categories with the exception of AA, AU, NS, and SF. To obtain a professional commercial apprentice license the applicant must pass the Applicator Core Competency exam with a minimum score of seventy percent (70%) or better, and meet the requirements as outlined in Section 100. Persons with this license may only perform pesticide applications under limited supervision of a properly certified professional applicator. Applicators with this license cannot supervise other pesticide applicators. The professional commercial apprentice license may not be reciprocated with other participating agencies. This license will expire two (2) years from the date of issuance. The Applicator Core Competency exam score for persons issued a professional commercial apprentice license will be valid for the apprentice licensing period. The professional commercial apprentice license is non-renewable.(7-1-26)

b.Professional applicators who engage in janitorial services and use pesticides for cleaning, surface sanitation, and similar activities using general use pesticides with the labeled signal words Warning or Caution, are exempt from professional applicator licensing requirements as outlined in Sections 22-3404 (2)(3)(4), Idaho Code.

05.Financial Responsibility. Submits written proof of financial responsibility by any of the following methods:(7-1-24)

Regulatory Pest Control (RP)

For State, Tribal, Federal, or other local governmental employees and contractors who use or supervise the use of pesticides in government-sponsored programs for the control of regulated pests. Certification in this category does not authorize the purchase, use, or supervision of use of products for predator control pesticides listed in the General Vertebrate category or outlined in 40 CFR 171.101(k)(l). An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(9).

Right-of-Way Pest Control (RW)

For professional applicators who use or supervise the use of pesticides in the maintenance of roadsides, powerlines, pipelines, and railway rights-of-way, and similar areas. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(6).

Seed Treatment (ST)

For professional applicators using or supervising the use of pesticides on seeds in seed treatment facilities. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(4).

Soil Fumigation (SF)

For applying soil fumigation pesticides to agricultural fields, plant nurseries, and other similar growing media for the growing of agricultural commodities, excluding rodent control. An applicant will demonstrate competency standards outlined in 40 CFR 171.103(d)(13).

Wood Preservative (WP)

For professional applicators who use or supervise the use of wood preservative pesticides in wood commodities or structures. Certification in this category does not authorize the purchase, use, or supervision of use for fumigation products. Applicators must demonstrate a practical knowledge of pests associated with wood preservation, including recognizing those pests and signs of their presence, their habitats, their life cycles, biology, and behavior as it may be relevant to problem identification and control. Applicators must demonstrate practical knowledge of types of formulations appropriate for control of pests associated with wood preservation, and methods of application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts.

Certification in Industrial, Institutional, and Structural Pest Control – Commodity (CP); or Industrial, Institutional, and Structural Pest Control – Non-Commodity (IP) categories shall exempt the applicant from the need to certify in this category.

a.Liability insurance with an insurance company licensed to do business in Idaho and documented on a form approved by the Director;(7-1-24)

b.A bond that is approved by the Director;(7-1-24)

c.A cash certificate of deposit in escrow with a bank or trust company;(7-1-24)

d.An annuity issued by an insurance company, bank or other financial institution found acceptable to the Director;(7-1-24)

e.An irrevocable letter of credit issued by a national bank in Idaho or by an Idaho state-chartered bank insured by the federal deposit insurance corporation.(7-1-24)

f.Any certificate of deposit, annuity, or irrevocable letter of credit must be payable to the Director as trustee and remain on file with the Department until it is released, canceled or discharged by the Director. Any certificate of deposit, annuity, or irrevocable letter of credit must maintain a cash value equal to the requirements of Subsection 100.05.h., less any penalty for early withdrawal. Accrued interest upon a certificate of deposit or annuity shall be payable to the purchaser of the certificate or annuity.(7-1-24)

g.Exclusions. Any exclusion to liability insurance, bond, cash certificate of deposit, annuity or irrevocable letter of credit coverage shall be listed on a form approved by the Director.(7-1-24)

h.Minimum Coverage Required.(7-1-24)

i.Bodily injury - fifty thousand dollars ($50,000) per person/one hundred thousand dollars ($100,000) per occurrence.(7-1-24)

ii.Property damage - fifty thousand dollars ($50,000) per occurrence.(7-1-24)

iii.Maximum deductible - five thousand dollars ($5,000).(7-1-24)

i.Target Property Not Required to Be Covered. The immediate property being treated is not required to be covered.(7-1-24)

j.Cancellation or Reduction. The applicator must notify the Department in writing immediately after cancellation or reduction below the requirements of the financial coverage.(7-1-25)

06.Licensing Periods and Recertification. The certification period and licensing term for professional applicators will be a five (5) year period. The five-year recertification period will begin on the next January 1 following the date the license is initially obtained and will expire on December 31 of the fifth year. To recertify and renew a licensing term, professional applicators must complete the recertification provisions of this section. Any license holder who fails to meet required recertification credits before the license expiration will be required to retake and pass the applicable exam(s) prior to recertifying and renewing a license. (7-1-26)

a.Continuing Education: To recertify, an applicator must accumulate forty (40) recertification credits during their recertification period, by attending Department-accredited pesticide seminars which meet the following criteria:(7-1-24)

i. One (1) credit is issued for each fifty (50) minutes of instruction.(7-1-24)

ii.To request accreditation for a seminar not provided by the Department, an applicant must submit a written request to the Department. Applications received more than thirty (30) days prior to the seminar shall receive preference for credit approval and have the ability to amend their application until the seminar is held. Applications received less than thirty (30) days prior to the seminar shall be reviewed by the Department as time and workload allows.(7-1-26)

iii.The number of credits to be given will be decided by the Department and may be revised if it is later found that the training does not comply. Credit is given only for those parts of seminars that deal with pesticide subjects as listed in Subsection 100.02.b. No credit will be given for training given to persons to prepare them for initial certification.(7-1-24)

iv.Verification of attendance at a seminar is accomplished by validating the attendee’s pesticide license, using a method approved by the Department. Verification of attendance must be submitted with the license renewal application.(7-1-24)

v.Excess credits may not be carried over to the next recertification period.(7-1-24)

vi.Upon completing all licensing requirements for recertification, the license holder is recertified for the next licensing period. Licenses may be renewed up to twelve (12) months after the expiration date of the license.

b.Recertification by Examination: A certified applicator who passes the Department’s Applicator Core Competency (CO) examination plus examinations for all categories in which intend to license.(7-1-24)

i.Recertification examinations may be taken by a professional applicator up to twelve (12) months prior to the renewal of the certification period. (7-1-26)

ii.The examination procedures as outlined in Subsection 100.03 will be followed.(7-1-24)

c.The Department may grant variances in the recertification of professional applicators’ and dealers’ licenses. Issuance of variances will not relieve the recipient from compliance with all other responsibilities under the Pesticide and Chemigation Act and Rules. The request will be on a Department-prescribed form and state fully the grounds for requesting a variance.(7-1-24)

d.Licenses are eligible for renewal no sooner than forty-five (45) days from the expiration date.

IDAPA 02.03.03.101 Professional Applicator Record Keeping Requirements

01.Records Requirements. Maintain pesticide applic ation records for two (2) years, ready to be inspected, duplicated, or submitted when requested by the Director. Such records shall contain:(7-1-24)

a.The name and address of the person for whom the pesticide was applied;(7-1-24)

b.The specific crop, animal, or property treated;(7-1-24)

c.The location by the address, general legal description (township, range, and section) or latitude/ longitude of the specific crop, animal, or property treated;(7-1-24)

d.The size or amount of specific crop, animal, or property treated;(7-1-24)

e.The trade name or brand name of the pesticide applied;(7-1-24)

f.The total amount of pesticide applied;(7-1-24)

g.The EPA registration number of the pesticide applied;(7-1-24)

h.The date of application;(7-1-24)

i.The time of day when the pesticide is applied;(7-1-24)

j.The approximate wind velocity;(7-1-24)

k.The approximate wind direction;(7-1-24)

l.The full name of the professional applicator applying the pesticide;(7-1-24)

m.The license number of the professional applicator applying the pesticide;(7-1-24)

n.Full name and license number of professional applicator supervising the pesticide application of the professional applicator holding the Apprentice Category (CA).(7-1-24)

o.Worker protection information exchange, if required, prior to pesticide application, including name of grower or operator contacted and date and time of contact.(7-1-24)

02.Restricted Use Records. Professional applicators who have made an application of a restricted use pesticide shall, within thirty (30) days of the pesticide application, provide a copy of the application records required under this rule for each application of any restricted use pesticide to the person for whom the pesticide application was made.(7-1-24)

IDAPA 02.03.03.102 (Reserved)

IDAPA 02.03.03.150 Private Applicator Licensing

To obtain a private applicator’s license, an applicant must:(7-1-24)

01.Submit Application. Submit an application prescribed by the Department with applicable fee(s)

(Section 250);(7-1-24)

02.Demonstrate Competence.(7-1-24)

a.Private applicators may only make pesticide applications using RUP’s in categories for which they have demonstrated competency by passing a Department examination based on a US EPA approved Core/Private Applicator manual. The examination must follow the procedures outlined in Subsection 100.03.(7-1-25)

b.In addition to written examination requirements for determining competency for Private Applicator license, the ISDA or authorized agent, may employ additional methods for determining competency such as performance testing.(7-1-26)

c.An applicant will demonstrate competency in all standards outlined in 40 CFR 171.105(a).

Demonstrate competence as outlined for Professional Applicators (Subsection 100.01).(7-1-24)

03.Categories. Private applicators must be certified in the Private Applicator category as a prerequisite to all other private applicator license categories:

Private Applicator (PA)

For use or supervision of restricted use pesticides to produce agricultural commodities on land owned or operated by applicator or applicator’s employer. Certification in this category alone is not sufficient to authorize the purchase, use, or supervision of use of products for predator control listed in the predator control categories outlined in 40 CFR 171.105(b)(c). PA is prerequisite for all Idaho Private Applicator license categories. An applicant will demonstrate competency standards outlined in 40 CFR 171.105(a).

Aerial Pest Control (AA)

For application of pesticides to all sites owned or operated by an applicator or applicator’s employer by operating or flying manned fixed-wing or rotary aircraft. An applicant will demonstrate competency standards outlined in 40 CFR 171.105(f).

Aerial UAS Pest Control (AU)

For application of pesticides by operating an unmanned aircraft system. An applicant will demonstrate competency standards outlined in 40 CFR 171.105(f).

04.License Periods and Recertification. The certification period and licensing term for private applicators will be a five (5) year period. The five-year recertification period will begin on the next April 1 following the date the license is initially obtained and will expire on March 31 of the fifth year. To recertify and renew a licensing term, private applicators must complete the recertification provisions of this section. Any license holder who fails to meet required recertification credits before the license expiration will be required to retake and pass the applicable exam(s) prior to recertifying and renewing a license.(7-1-26)

a.Continuing Education: To recertify, and applicator must accumulate fifteen (15) credits during their recertification period by attending Department-accredited pesticide seminars which meet the following criteria;

i.One (1) credit is issued for each fifty (50) minutes of instruction.(7-1-24)

ii.To request accreditation for a seminar not provided by the Department, an applicant must submit a written request to the Department. Applications received prior to thirty (30) days shall receive preference for credit approval and have the ability to amend their application until the seminar is held. Applications received after the thirty (30) days shall be reviewed by the Department as workload allows.(7-1-25)

iii.The number of credits to be given will be decided by the Department and may be revised if it is later found that the training does not comply. Credit is given only for those parts of seminars that deal with pesticide subjects as listed in 40 CFR 171.105(a). No credit will be given for training given to persons to prepare them for initial certification.(7-1-25)

iv.Verification of attendance at an accredited seminar is accomplished by validating the attendee’s pesticide license using a method approved by the Department. Verification of attendance must be submitted with the license renewal application.(7-1-24)

v.Excess credits may not be carried over to the next recertification period.(7-1-24)

vi.Upon completing all licensing requirements for recertification, the license holder is recertified for the next licensing period. Licenses may be renewed up to twelve (12) months after the expiration date of the license.

b.Recertification by Examination: A certified applicator passes the Department’s private applicator examination(s) for all categories in which they intend to license.(7-1-24)

i.Examinations may be taken within twelve (12) months prior to renewal of the certification period.

ii.The examination procedures as outlined in Subsection 100.03 will be followed.(7-1-24)

iii.Upon passing the examinations, a person is eligible for license renewal for the next licensing period. For the purpose of becoming licensed, examination scores are valid for twelve (12) months after the date of the examination.( 7-1-24)

Non-Soil Fumigation (NS)

For applicators who use or supervise the use of a pesticide to fumigate anything other than soil. An applicant will demonstrate competency standards outlined in 40 CFR 171.105(e).

Soil Fumigation (SF)

For applying soil fumigation pesticides to agricultural fields, plant nurseries, and other similar growing media on land owned or operated by applicator or applicator’s employer for the growing of agricultural commodities, excluding rodent control. An applicant will demonstrate competency standards outlined in 40 CFR 171.105(d).

c.The Department may issue variances for the requirements delineated in Subsection 150.03 in the recertification of private applicators’ licenses. Issuance of variances do not relieve the recipient from compliance with all other responsibilities under the Pesticide and Chemigation Act and Rules. The request will be on a Department-prescribed form and state fully the grounds for requesting a variance.(7-1-24)

d.Licenses are eligible for renewal no sooner than forty-five (45) days from the expiration date.

IDAPA 02.03.03.151 Chemigator Licensing

01.Chemigator License Required.

Anyone wishing to chemigate shall apply for a license to perform chemigation per the process outlined in this section. Additional category certifications may be required.(7-1-25)

02.Applying for a Chemigator License. Prior to chemigating a person must:(7-1-25)

a.Submit an application prescribed by the Department with applicable fees, and(7-1-25)

b.Demonstrate competency through one of the following methods:(7-1-25)

i.Complete a Department approved chemigation training within twelve (12) months of submitting the application. Chemigation trainings for licensure must be a minimum of one (1) hour and at a minimum address the following content:(7-1-25)

(1)Backflow prevention devices, methods, and injection types;(7-1-25)

(2)The mitigation of potential risks associated with chemigation;(7-1-25)

(3)Pesticide label requirements for chemigation;(7-1-25)

(4)Identification of approved chemigation equipment; or(7-1-25)

ii.Pass the Chemigation examination with a minimum score of seventy percent (70%). Examination scores are valid for twelve (12) months after the date of the examination. The examination must follow the procedures outlined in Subsection 100.03; or(7-1-25)

iii.Verify compliance through another Department approved method.(7-1-25)

03.License Periods. The certification period and licensing term for chemigation applicators will be a five (5) year period. The five-year recertification period will begin on the next April 1 following the date the license is initially obtained and will expire on March 31 of the fifth year. To recertify and renew a licensing term, chemigation applicators must complete recertification outlined in the competency requirements of this section.

IDAPA 02.03.03.152 (Reserved)

IDAPA 02.03.03.200 Pesticide Dealer Licensing

To obtain a pesticide dealer’s license, an applicant must:(7-1-24)

01.Submit Application. Submit an application prescribed by the Department with applicable fee(s)

(Section 280);(7-1-24)

a.Must hold a valid license with the appropriate professional category(s) listed in Subsection 100.04 that pertains to the types of restricted use pesticides sold or distributed.(7-1-24)

b.Dealer License terms will match with Professional Applicator Licensing terms found in Subsection

IDAPA 02.03.03.100 06.(7-1-26)

c.Licenses are eligible for renewal no sooner than forty-five (45) days from the expiration date.

02.Selling GUPs. Persons selling GUPs will not be required to obtain a pesticide dealer license or maintain distribution records of these products.(7-1-24)

IDAPA 02.03.03.201 Rup Dealer Records Requirements

01.Records Requirements. Main tain, in a location designated by the pesticide dealer, restricted use pesticide distribution records for three (3) years, ready to be inspected, duplicated, or submitted when requested by the Director. Such records must include the following:(7-1-25)

a.The name and address of the person purchasing or receiving the restricted use pesticide (RUP); and

b.The certified applicator name, license number, license issuing authority, relevant certification category, and expiration date of the license for the person certified to use the RUP; or(7-1-24)

c.In the case of distribution of a RUP to another pesticide dealer, the name, license number, and expiration date of the license of the licensed pesticide dealer.(7-1-24)

d.The brand name and Environmental Protection Agency (EPA) Registration Number for each RUP distributed and if applicable, include any emergency exemption or State special local need registration number; and

e.Date of the distribution of each RUP; and(7-1-24)

f.The quantity and size of each RUP container distributed and the total quantity of RUP distributed; and(7-1-24)

g.The pesticide dealer’s name, address, and pesticide dealer license number distributing the RUP.

IDAPA 02.03.03.202 (Reserved)

IDAPA 02.03.03.250 Change of License Status

01.Change Notification.

Any person who is licensed by this act will immediately notify the Director, in writing, of any change of status of any person or agent so named, or of any change in the business name, organization, or any other information shown in the licensing application.(7-1-24)

02.Transferability. Licenses are not transferable.(7-1-24)

IDAPA 02.03.03.251 (Reserved)

SUBCHAPTER B – FEES

IDAPA 02.03.03.280 Fees

01.Pesticide Registration.

One hundred sixty dollars ($160) per product.(7-1-24)

02.Professional Applicator's License. Three hundred dollars ($300).(7-1-26)

03.Commercial Apprentice (CA) Applicator’s License. One hundred twenty dollars ($120).

04.Private Applicator's License. Twenty-five dollars ($25).(7-1-26)

05.A Chemigation License. Fifty dollars ($50).(7-1-26)

06.Pesticide Dealer's License. Two hundred fifty dollars ($250) per 5-year licensing period. For initial licenses of less than 5 years, a proration of fifty dollars per year to align with valid professional licensing period.(7-1-26)

07.Examination Fee per Examination Category. Ten dollars ($10).(7-1-24)

IDAPA 02.03.03.281 (Reserved)

SUBCHAPTER C – REGISTRATION AND USE OF PESTICIDES

IDAPA 02.03.03.350 Experimental Permits

Any person who wishes to obtain an experimental permit to register a pesticide under Section 22-340 2(5), Idaho Code, must file an application with the Department as outlined in Section 22-3402, Idaho Code, which includes:

01.Active Ingredient. A statement listing the active ingredient.(7-1-24)

02.Quantity Statement. A statement of the approximate quantity to be tested.(7-1-24)

03.Acute Toxicity. Available data or information or reference to available data on the acute toxicity of the pesticide.(7-1-24)

04.Statement of Scope. A statement of the scope of the proposed experimental program, including the type of pests or organisms involved, the crops and animals for which the pesticide is to be used, the areas where the applicant proposes to conduct the program, and when requested by the Director, the results of previous tests. (7-1-24)

05.Temporary Tolerance. If the pesticide is to be used on food or feed, a temporary tolerance must be obtained from the EPA or evidence that the proposed experiment will not result in injury to humans or animals, or illegal residues entering the food chain. A temporary tolerance is not needed if the food, feed, or fiber crop to which the experimental pesticide is applied will be completely destroyed after the data is collected.(7-1-24)

06.Proposed Labeling. Proposed labeling which must bear:(7-1-24)

a.The prominent statement “For Experimental Use Only” on the container label and any labeling that accompanies the product.(7-1-24)

b.An adequate caution or warning statement to protect those who may handle or be exposed to the experimental formulation.(7-1-24)

c.Name and address of the applicant for the permit.(7-1-24)

d.Name or designation of the formulation.(7-1-24)

e.Directions for use.(7-1-24)

f.A statement listing the name and percentage of each active ingredient and the total percentage of inert ingredients.(7-1-24)

07.Quantity Limit. The Director may limit the quantity of pesticide covered by the permit or make such other limitations as may be determined necessary for the protection of humans or the environment.(7-1-24)

08.Experimental Use. A pesticide for experimental use will not be offered for sale unless a written permit has been obtained from the Director.(7-1-24)

IDAPA 02.03.03.351 (Reserved)

IDAPA 02.03.03.400 Pesticide Restrictions

01.Application of Restricted Use Pesticides by N oncertified Applicators. A noncertified applicator may apply restricted use pesticides (RUPs) under on-site supervision by a professional applicator with the required license categories of the application being supervised if:(7-1-24)

a.Noncertified applicator has completed the following training within twelve (12) months prior to application:(7-1-24)

i.EPA approved Worker Protection Standard (WPS) certification for pesticide handler training or equivalent.(7-1-24)

ii.The safe operation of any equipment they will use for mixing, loading, transferring, or applying pesticides.(7-1-24)

b.The noncertified application of any pesticide is prohibited for:(7-1-24)

i.Soil or non-soil fumigation;(7-1-24)

ii.Aerial application.(7-1-24)

iii.Professional applications conducted by a person under eighteen (18) years of age.(7-1-24)

c.Maintain noncertified applicator training records for three (3) years, ready to be inspected, duplicated, or submitted when requested by the Director. Such records shall contain:(7-1-24)

i.Noncertified applicator’s printed name and signature.(7-1-24)

ii.Date of training.(7-1-24)

iii.Full name of the person who provided the training.(7-1-24)

iv.Trainer’s qualification to conduct training.(7-1-24)

v.Title or a description of the training provided.(7-1-24)

vi.If the noncertified applicator is a licensed applicator who is not certified to perform the type of application being conducted while under on-site supervision by a professional applicator, the record must include all of the following information:(7-1-24)

(1)Noncertified applicator’s name.(7-1-24)

(2)Noncertified applicator’s license number.(7-1-24)

(3)Expiration date of the noncertified applicator’s license.(7-1-24)

(4)Certifying authority that issued the license.(7-1-24)

d.Requirements for supervisors of noncertified applicators of RUPs under on-site supervision. A certified applicator must ensure that all the following requirements are met before allowing a noncertified applicator to use a restricted use pesticide under their on-site supervision:(7-1-24)

i.The noncertified applicator must have access to the applicable product labeling at all times during its use.(7-1-24)

ii.Where the labeling of pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, the noncertified application has been provided clean, label required personal protective equipment in proper operating condition and the personal protective equipment is used correctly.(7-1-24)

iii.The certified applicator must provide to each noncertified applicator before use of a restricted use pesticide instructions specific to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site and the conditions of application might increase or decrease the risk of adverse effects.(7-1-24)

iv.The certified applicator must ensure that before each day of use equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the noncertified applicator, other persons, or the environment.(7-1-24)

v.The certified applicator must ensure that a means to immediately communicate with the certified applicator is available to each noncertified applicator using restricted use pesticides under their direct supervision.

vi.The certified applicator must be physically present at the site of the use being supervised. (7-1-24)

vii.The certified applicator must create or verify the existence of the records required by Subsection 400.01.c. of this rule.(7-1-24)

02.Application of General Use Pesticides by Noncertified Applicators. A Professional Commercial Apprentice applicator may apply general use pesticides (GUPs) under all categories, with the exception of AA, AU, NS, and SF. with limited supervision by a professional applicator that has the required license categories of the application being supervised if:(7-1-26)

a.All of the following conditions are met: (7-1-24)

i.The Professional Commercial Apprentice applicator has a valid license. (7-1-24)

ii.Immediate communication requirements exist between the supervising professional applicator and the Professional Commercial Apprentice applicator.(7-1-24)

iii.Companies employing Commercial Apprentice applicators must have one (1) or more Professional Applicators identified as actively apprenticing. A Professional Applicator is prohibited from apprenticing more than two (2) Commercial Apprentices at any given time.(7-1-26)

iv.Commercial Apprentices must identify the name and license number of the certified Professional Applicator under which they are apprenticing on the application for licensure. Changes in the supervising Professional Applicator are subject to notification requirements of Section 250.(7-1-26)

v.Companies must maintain a record of the current roster of all licensed applicators identifying that each Professional Applicator is not supervising more than two (2) Commercial Apprentices. This record shall be mad e available to the ISDA upon request.(7-1-26)

b.Applications of RUPs are prohibited under the Professional Commercial Apprentice license.

03.Mixer-Loaders. No person will act as a mixer-loader for a professional applicator without first obtaining annual training.(7-1-24)

a.Training will be conducted and certified by the professional applicator who employs the mixerloader. Training recordkeeping requirements for mixer-loaders shall be the same as for noncertified applicators of restricted use pesticides under on-site supervision (see Subsection 400.01.c. of this rule.)(7-1-24)

b.Training requirements shall be the same as for noncertified applicators of restricted use pesticides under on-site supervision (see Subsection 400.01a. of this rule.)(7-1-24)

04.Non-Domestic Pesticides Restrictions.(7-1-24)

a.Home and Garden Restrictions. The following pesticides are to be registered only when labeled, distributed, sold or held for sale and use other than home and garden use and are not be sold to home and garden users or applied by professional applicators around any home or garden.(7-1-24)

i.Bidrin (Foliar applications).(7-1-24)

ii.Strychnine (one percent (1%) and above).(7-1-24)

iii.Zinc Phosphide (two point one percent (2.1%) and above).(7-1-24)

b.Ester Restriction. Low volatile liquid ester formulations of herbicides shall not be applied around any home or garden at any time when ambient air temperature exceeds or is forecasted to exceed eighty (80) degrees Fahrenheit during the day of application.(7-1-24)

05.Restrictions to Protect Pollinators.(7-1-24)

a.Bee Restrictions. Any pesticide that is toxic to bees shall not be applied to any agricultural crop when such crop is in bloom or when bees are actively foraging on blooming weeds in the crop being sprayed except during the period beginning three (3) hours before sunset until three (3) hours after sunrise.(7-1-24)

b.Green Pea Exception. In the counties of Benewah, Bonner, Boundary, Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce, and Shoshone: Green (white) pea crops may be sprayed or dusted at any time.(7-1-24)

c.Other Exceptions. Pesticides may be applied at any time to sweet corn for processing, hops, potatoes, and beans other than lima beans, subject to all other applicable regulations.(7-1-24)

06.Deviations from Pesticide Labels and Labeling. Any licensed professional or private applicator may deviate from pesticide label directions for use only as EPA or state laws, rules, and regulations permit. (7-1-24)

07.Wind Velocity Restrictions. No person will apply pesticides in sustained wind speeds that exceed the product label directions. If a pesticide label does not state a specific wind speed limitation, pesticides will not be applied in sustained wind conditions exceeding ten (10) miles per hour.(7-1-24)

a.Exceptions. Application of pesticides by injection into application site or by impregnated granules shall be made according to label directions. (7-1-24)

b.Approval for Use of Other Application Techniques. Other pesticide application techniques or methods may be approved by the Director or his agent on a case-by-case basis.(7-1-24)

c.Chemigation Wind Speed Precautions. Chemicals shall not be applied when wind speed favors drift beyond the area intended for treatment or when chemical label restricts the use of a pesticide for wind speed.

08.Phenoxy Herbicide Restrictions.(7-1-24)

a.High Volatile Ester Restrictions. No aircraft pilot will apply high volatile ester formulations of 2,4- D:(7-1-24)

i.In Latah, Nez Perce, and Clearwater Counties in Idaho; or(7-1-24)

ii.Within five (5) miles of a susceptible crop or hazard area in any other county in Idaho.(7-1-24)

iii.Waiver of the restriction in Subsections 400.08.a.i. and 400.08.a.ii. may be issued on a project-byproject basis by the Director.(7-1-24)

b.Low Volatile Ester Restrictions. No aircraft pilot will apply low volatile ester formulations of 2,4- D; MCPA and MCPB:(7-1-24)

i.In Latah, Nez Perce, and Clearwater Counties in Idaho, unless ambient air temperatures are not above or expected to exceed eighty-five (85) degrees Fahrenheit within twenty-four (24) hours of the expected application time, or(7-1-24)

ii.Within one (1) mile of a hazard area in any other county in Idaho.(7-1-24)

iii.Waiver of the restriction in Subsection 400.08.b.i. may be issued on a project-by-project basis by the Director.(7-1-24)

c.A continuous smoke column or other device satisfactory to the Director will be employed to indicate to the pilot of any aircraft the direction and velocity of the airflow, and indicate a temperature inversion by layering of smoke, at the time and place of application when applying any formulation of 2,4-D; MCPA; MCPB and Dicamba.(7-1-24)

09.Pesticide-Fertilizer Mix Restrictions. No person will distribute, sell, offer for sale, or hold for sale any dry pesticide incorporated in a dry blended bulk fertilizer mix.(7-1-24)

10.Pesticide Drift Prohibitions. The application of pesticides that results in drift outside of the target area is prohibited.(7-1-24)

IDAPA 02.03.03.401 Unmanned Aircraft Systems

01.Unmanned Aircraft Vehicle (UA V); Unmanned Aircraft System (UAS). This section applies to all pesticide applications conducted using unmanned aircraft vehicles/systems.(7-1-26)

a.It is prohibited to apply any pesticide by UAS without first obtaining an applicator license with the AU category.(7-1-26)

b.A person piloting or operating UAS is considered the applicator.(7-1-26)

c.The licensed pesticide applicator must be on site during the application.(7-1-26)

d.UAS applications are subject to all other aerial application requirements of this rule.(7-1-26)

e.All UAS operations for pesticide application must also comply with other applicable state or federal regulations, such as any requirements and certifications issued by the Federal Aviation Administration (FAA).

IDAPA 02.03.03.402 (Reserved)

IDAPA 02.03.03.450 Pesticide Use on Seed Crop Fields

01.Nonfood and Nonfeed Sit e Conditions. For purposes of pesticide registration, all alfalfa seed, carrot seed, chicory seed, clover seed, collard seed, coriander/cilantro seed, dill seed, endive seed, garden beet seed, kale seed, kohlrabi seed, leek seed, lettuce seed, mustard seed, onion seed, parsnip seed, pollinator rows of hybrid canola seed, radish seed, rutabaga seed, sugar beet seed, Swiss chard seed, and turnip seed crop fields are considered nonfood and nonfeed sites for pesticide use and the following conditions will be met:(7-1-24)

a.No portion of the seeds listed in Section 450.01, including but not limited to seed screenings, green chop, hay, chaff, combine tailings, pellets, meal, whole seed and cracked seed, may be grazed, used, or distributed for food or feed purposes.(7-1-24)

b.The seed conditioner will keep records of individual growers’ seeds listed in Section 450.01 dirt weight and clean weight for three (3) years and will furnish the records to the Director upon request.(7-1-24)

c.All seed screenings will be disposed of at a sanitary landfill, incinerator, or other equivalent disposal site or by a procedure approved by the Director.(7-1-24)

d.The seed conditioner will keep seed screening disposal records for three (3) years from the date of disposal and will furnish the records to the Director upon request. Disposal records will consist of documentation from the disposal site and show the total weight of disposed screenings and the date of disposal.(7-1-24)

e.All seeds listed in Section 450.01 grown or conditioned in this state will bear a tag or container label which forbids the use of the seed for human consumption or animal feed.(7-1-24)

f.No seeds listed in Section 450.01 grown or conditioned in this state will be distributed for human consumption or animal feed.(7-1-24)

g.All portions of the seeds listed in Section 450.01, including but not limited to seed screenings, pellets, meal, whole seed and cracked seed may be composted. All composted material may be applied to agricultural crop land as approved by the Director.(7-1-24)

02.Exemption. Alfalfa seed, kale seed and radish seed crops grown for human consumption are exempt from the requirements of Subsection 450.01 provided:(7-1-24)

a.All pesticides used are labeled for use on alfalfa seed, kale seed, and radish seed crops and have established residue tolerances which allow food or feed use; and(7-1-24)

b.All producers maintain for three (3) years complete records of all pesticides applied as specified in Pesticide Use and Application Rules Subsection 100.05.(7-1-24)

IDAPA 02.03.03.451 (Reserved)

IDAPA 02.03.03.500 Unusable Pesticides Collection and Disposal

01.Director’s Authority to Dispose.

The Director or designated agent may, if deemed necessary for the protection of the environment, take possession and dispose of canceled, suspended, or otherwise unusable pesticides.(7-1-24)

02.Prohibited Handling or Disposal. A person shall not dispose of or handle any pesticide or any pesticide containing material as follows:(7-1-24)

a.In a manner that results in generating hazardous waste.(7-1-24)

b.So as to violate any state or federal pollution control statute.(7-1-24)

c.So as to cause or allow burying in a land site in a manner that is not in compliance with applicable state and federal solid waste regulations.(7-1-24)

d.So as to cause or allow the storage of pesticides or pesticide-containing materials, including rinsate or wash water, in underground tanks. This prohibition does not apply to watertight catch basins that are used for temporary collection or other recirculating systems as approved by the Director.(7-1-24)

IDAPA 02.03.03.501 (Reserved)

IDAPA 02.03.03.550 Storage of Pesticide Containers

01.Protecting Humans and Environment. No person will handle, transport, display, or distribute pesticides in such a manner as to endanger humans and their environment, or to contaminate food, feed, or any other product that may be transported, stored, displayed, or distributed with such pesticides.(7-1-24)

02.Storage by Professional Applicators or Restricted Use Pesticide Dealers. Storage of pesticide containers by professional applicators and RUP dealers must meet the following conditions:(7-1-24)

a.Pesticide containers will be stored in one (1) of the following enclosures which when unattended will be locked to prevent unauthorized persons, livestock, or animals from gaining entry:(7-1-24)

i.Closed vehicle;(7-1-24)

ii.Closed trailer;(7-1-24)

iii.Building or room;(7-1-24)

iv.Fenced area with a fence at least six (6) feet high;(7-1-24)

v.Truck or trailer with solid sideracks and secured tailgate at least six (6) feet above ground level.

b.Pesticide containers will be stored in secured storage out of the reach of children in one (1) of the above enclosures.(7-1-24)

c.Warning notices must be posted and visible from all approachable sides of the pesticide storage area and be readable at a distance of twenty-five (25) feet and must be substantially as follows:

“D A N G E R”

“POISON STORAGE AREA

ALL UNAUTHORIZED PERSONS

KEEP OUT”

The notice will be repeated in an appropriate language other than English when it may be reasonably anticipated that persons who do not understand the English language will come to the enclosure. The notice will also contain the name and telephone number of a person to contact in case of an emergency.(7-1-24)

03.Exceptions. The provisions of Subsection 550.02 shall not apply to drums of petroleum oils, lime sulfur, and copper sulfate.(7-1-24)

04.Disposal. Any person applying pesticides shall be responsible for the proper disposal of such empty containers.(7-1-24)

IDAPA 02.03.03.551 (Reserved)

SUBCHAPTER D – CHEMIGATION

IDAPA 02.03.03.600 General Chemigation Requirements

01.Pesticides Labeled for Chemigation.

The chemigator will use only pesticides labeled for chemigation when chemigating.(7-1-24)

02.Monitoring Chemigation. Licensed professional applicators that start the application of chemicals through chemigation equipment do not have to be present during the entire application, but must return to monitor the proper application at least once every four (4) hours for the duration of the application.(7-1-24)

03.Chemigation Equipment Standards. Equipment will be placed on the Department’s list of approved chemigation equipment after the manufacturers provide to the Department verification that the equipment meets the standards in the Department’s chemigation protocol. Prior to chemigating, all chemigation systems must meet the requirements outlined in the Department’s chemigation protocol. Chemigation system requirements are defined by the Department’s chemigation system requirements protocol and the standards established in these rules.

04.Chemigating Over Waters of the State. Shall be prohibited, except for variances allowed in the Department’s chemigation protocol.(7-1-26)

IDAPA 02.03.03.601 (Reserved)

02.04.15 Rules Governing Beef Cattle Animal Feeding Operations

IDAPA 02.04.15.000 Legal Authority

Sections 22-110 and 22-4903, Idaho Code.(4-6-23)

IDAPA 02.04.15.001 Scope

These rules govern the design, function, and management practices of waste systems on beef cattle animal feeding operations.(7-1-25)

IDAPA 02.04.15.002 Incorporation by Reference

The following documents are incorporated by ref erence into this chapter:(4-6-23)

01.The 1997 United States Department of Agriculture Natural Resources Conservation Service Agricultural Waste Management Field Handbook, Appendix 10 D. This document can be viewed online at https:/ /agri.idaho.gov/main/wp-content/uploads/2017/08/nrcs_10d_1997.pdf.(7-1-25)

02.Society of Agricultural and Biological Engineers Specification ASAE EP393.3 Manure Storages February 2004. This document is part of a copyrighted publication and is available for viewing at the ISDA offices or a copy may be purchased online at http://www.asabe.org/.(4-6-23)

03.The Phosphorus Site Index: A Systematic Approach to Assess the Risk of Nonpoint Source Pollution of Idaho Waters by Agricultural Phosphorus, 2022. This document is available online at https:// agri.idaho.gov/main/wp-content/uploads/2022/03/PSIBeef.pdf.(4-6-23)

IDAPA 02.04.15.003 Definitions

The following definitions apply in the interpretation and enforcement of this chapter.(4-6-23) 01.

Animal. Bovidae, ovidae, suidae, equidae, captive cervidae, captive antilocapridae, camelidae, and ratitidae.(4-6-23)

02.Animal Feeding Operation. A lot or facility where slaughter and feeder cattle or dairy heifers are confined and fed for a total of forty-five (45) days or more during any twelve-month (12) period and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.(7-1-25)

03.Compost. A biologically stable material derived from the biological decomposition of organic matter.(4-6-23)

04.Concentrated Animal Feeding Operation. An AFO that is defined as a large CAFO or as a medium CAFO by the terms of this section and designated by the Director. Two (2) or more AFOs under common ownership on contiguous property are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other, or if they use a common area or system for the disposal of wastes.

05.Discharge. Release of process wastewater or manure from a beef cattle animal feeding operation to waters of the state.(4-6-23)

06.Land Application. The spreading on, or incorporation of manure or process wastewater into the soil.(4-6-23)

07.Large Concentrated Animal Feeding Operation. An AFO is defined as a large CAFO if it stables or confines as many as or more than the numbers of cattle specified in any of the following categories:

a.Seven hundred (700) mature dairy cows, whether milked or dry;(4-6-23)

b.One thousand (1,000) veal calves;(4-6-23)

c.One thousand (1,000) cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs;(4-6-23)

08.Medium Concentrated Animal Feeding Operation. A medium CAFO includes any AFO that has been defined or designated as CAFO and stables or confines the number of cattle that fall within any of the following ranges:(4-6-23)

a.Two hundred (200) to six hundred ninety-nine (699) mature dairy cows, whether milked or dry;

b.Three hundred (300) to nine hundred ninety-nine (999) veal calves;(4-6-23)

c.Three hundred (300) to nine hundred ninety-nine (999) cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs;(4-6-23)

09.Operate. Confining and feeding slaughter and feeder cattle in the state of Idaho.(4-6-23)

10.Operator. The person who has power or authority to manage, or direct, or has financial control of a beef cattle animal feeding operation.(4-6-23)

11.Phosphorus Site Index. A method to evaluate the relative potential for off-site movement of phosphorus from a field or pasture based upon risk factors relating to surface transport, phosphorus loss potential and nutrient management practices.(4-6-23)

12.Runoff. Any precipitation that comes into contact with manure, compost, bedding, or feed on a beef cattle animal feeding operation.(4-6-23)

13.Slaughter and Feeder Cattle. All cattle except those cattle located on a dairy farm permitted by the Idaho State Department of Agriculture pursuant to IDAPA 02.04.14, “Rules Governing Dairy Byproduct.”

14.Small Concentrated Animal Feeding Operation. An AFO that is designated as a CAFO and is not a medium or large CAFO.(4-6-23)

IDAPA 02.04.15.004 Abbreviations

01.AFO. Animal Feeding Operation.(4-6-23)

02.CAFO. Concentrated Animal Feeding Operation.(4-6-23)

03.NMP. Nutrient Management Plan.(4-6-23)

04.NRCS. United States Department of Agriculture, Natural Resources Conservation Service.

05.PSI. Phosphorus Site Index(4-6-23)

IDAPA 02.04.15.005 Prohibited Discharges

Unauthorized discharges of manure or process wastewater from beef cattle AFOs or land application sites owned or controlled by a beef cattle AFO are prohibited.(4-6-23)

IDAPA 02.04.15.006 Notification of Discharge

01.Notification Within Twenty-Four Hours of Discharge.

Within twenty-four (24) hours of learning of a discharge, the operator of a beef cattle AFO shall verbally notify the Director of such a discharge.(4-6-23)

IDAPA 02.04.15.007 (Reserved)

IDAPA 02.04.15.020 Wastewater Storage and Containment Facilities

01.Wastewater Storage and Containment Facilities.

All beef cattle AFOs where process wastewater leaves the confinement area and has the potential to impact surface water or be in violation of state water quality standards shall have wastewater storage and containment facilities designed, constructed and operated to meet a minimum of one hundred twenty (120) days of holding capacity and pursuant to IDAPA 02.04.30, Rules Governing Environmental and Nutrient Management.(7-1-25)

02.All Substances Entering Wastewater Storage and Containment Facilities. All substances entering wastewater storage and containment facilities shall be composed of manure and process wastewater from the operation of the beef cattle AFO. The disposal of any other materials into a wastewater storage and containment facility, including, but not limited to, human waste, is prohibited.(4-6-23)

IDAPA 02.04.15.021 New or Modified Beef Cattle Animal Feeding Operations

Each new or modified beef cattle AFO shall design and cons truct wastewater storage and containment facilities completed after July 1, 2000, in accordance with the engineering standards and specifications contained in the Natural Resources Conservation Service Agricultural Waste Management Field Handbook, Appendix 10D or the American Society of Agricultural Engineers Standard EP393.3, or other equally protective standards approved by the Director.(4-6-23)

IDAPA 02.04.15.022 (Reserved)

IDAPA 02.04.15.030 Nutrient Management

Each beef cattle AFO shall submit a N MP for land owned or controlled by the operator, which conforms to the nutrient management standard and addresses odors generated in excess of odors normally associated with raising beef cattle in Idaho, to the Director for approval. Following department review and approval, the plan, and all copies of the plan, shall be returned to the operation and maintained on site.(4-6-23)

01.Implementation of a Nutrient Management Plan. Failure to implement an approved NMP is a violation of these rules.(4-6-23)

IDAPA 02.04.15.031 Phosphorus Management

Beef cattle AFOs must utilize either Phosphorus Indexing o r Phosphorus Threshold to manage nutrient application.

01.Phosphorus Indexing. The PSI shall be calculated annually by a certified planner for each field receiving land application of manure or process wastewater. A beef cattle AFO must implement best management practices that fully conform to NRCS standards to receive full BMP Coefficient credit. The Department may aware zero (0) or partial credit for non-conformity to NRCS standards.(4-6-23)

02.Phosphorus Threshold. Land application of phosphorus to fields that have exceeded the soil phosphorus threshold established in the NMS shall be limited to the appropriate crop uptake rate.(4-6-23)

IDAPA 02.04.15.032 (Reserved)

IDAPA 02.04.15.040 Designation of Beef Cattle Animal Feeding Operations

01.Designation of Animal Feeding O perations. The Director, on a case by case basis, may designate any AFO that confines slaughter and feeder cattle as a beef cattle AFO if, after an inspection, the Director determines that the AFO is a significant contributor of pollution to waters of the state. When designated, these operations shall be considered existing beef cattle AFOs. The Director considers the following factors when making such designation:

a.Size of the AFO and the amount of manure, process wastewater, and runoff reaching waters of the state;(4-6-23)

b.Location of the AFO relative to waters of the state;(4-6-23)

c.Means of conveyance of manure, process wastewater, and runoff into waters of the state; and

d.Slope, vegetation, precipitation, and other factors affecting the likelihood or frequency of discharge of manure, process wastewater, or runoff into waters of the state.(4-6-23)

02.Redesignation of a Beef Cattle Animal Feeding Operation. Upon request by the operator, the Director will redesignate a facility previously designated under Section 040, if the facility is no longer a significant contributor of pollution to waters of the state. Such redesignation is provided to the operator in writing.(4-6-23)

IDAPA 02.04.15.041 (Reserved)

02.04.14 Rules Governing Dairy Byproduct

IDAPA 02.04.14.000 Legal Authority

This chapter is adopted under the legal authority of T itle 37, Chapters 3, 4, and 6, Idaho Code.(7-1-24)

IDAPA 02.04.14.001 Scope

These rules govern the Department’s review , approval, and enforcement of dairy environmental management plans.

IDAPA 02.04.14.002 (Reserved)

IDAPA 02.04.14.004 Incorporation by Reference

The following documents are incorporated by reference into this chapter.(7-1-24)

01.Nutrient Management Standard (NMS).(7-1-24)

a.Idaho NRCS Nutrient Management Standard 590. The 1999 publication by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Idaho Conservation Practice Standard, Nutrient Management Code 590, available online at https://agri.idaho.gov/main/wp-content/uploads/2017/ 08/nutrient_Management_code_590.pdf or, (7-1-24)

b.The Phosphorus Site Index: A Systematic Approach to Assess the Risk of Nonpoint Source Pollution of Idaho Waters by Agricultural Phosphorus, 2023. This document is available online at https:// agri.idaho.gov/main/animals/environmental-nutrient-management/.(7-1-24)

IDAPA 02.04.14.005 (Reserved)

IDAPA 02.04.14.010 Definitions

In addition to Section 37-604, Idaho Code, the following definitions apply in the interpretation and enforcement of this chapter:(7-1-24)

01.Dairy Animal. Milking cows, sheep or goats.(7-1-24)

02.Pasture, Pasturing, and Pastured. For purposes of these rules, a pasture is an irrigated or dryland field with forage plant growth covering a minimum of fifty percent (50%) of the field. Pasturing and pastured is dairy animals and other animals owned, leased, or otherwise under the control of the producer, grazing in the same dairy farm pasture. Pastures are not considered part of a dairy storage and containment facility.(7-1-24)

03.Permit. A permit issued by the Department allowing the sale of Grade A milk or manufacture grade milk.(7-1-24)

04.Phosphorus Site Index. A method to evaluate the relative potential for off-site movement of phosphorus from a field or pasture based upon risk factors relating to surface transport, phosphorus loss potential and nutrient management practices.(7-1-24)

05.Producer. The person who owns or operates a permitted dairy farm.(7-1-24)

IDAPA 02.04.14.011 Abbreviations

01.IPDES. Idah o Pollutant Distribution Elimination System.(7-1-24)

02.NMS. Nutrient Management Standard(7-1-24)

03.NRCS. Natural Resources Conservation Service.(7-1-24)

IDAPA 02.04.14.012 (Reserved)

IDAPA 02.04.14.030 Dairy Environmental Management Plan Approval

01.Dairy Storage and Containment Facility Criteria.

a.Dairy storage and containment facilities shall be constructed to meet a minimum of one hundred eighty (180) days of holding capacity. Construction, operation and maintenance shall be in accordance with IDAPA 02.04.30, “Rules Governing Environmental and Nutrient Management.”(7-1-24)

02.Dairy Nutrient Management Plan (DNMP). Each dairy farm shall have a dairy nutrient management plan that is approved by the Department that covers the dairy farm site and other land owned and operated by the dairy farm to which dairy byproducts are land applied. In addition to the requirements set forth in IDAPA 02.04.30, “Rules Governing Environmental and Nutrient Management,” a DNMP must also include the following:(7-1-24)

a.A nitrogen management plan worksheet shall be completed for all fields and pastures receiving land application of nutrients.(7-1-24)

b.Pasturing. All pastures utilized for grazing of dairy animals, and other animals grazing within the same pasture, shall be incorporated in to the DNMP and subject to the following requirements:(7-1-24)

i.Soil testing pursuant to IDAPA 02.04.30, “Rules Governing Environmental and Nutrient Management.”(7-1-24)

ii.Surface water access. If pastured animals have access to surface water within a pasture, the producer may be required to implement one (1) or more NRCS conservation practice standards to minimize adverse impact on surface water quality.(7-1-24)

iii.Land application. If land application occurs within a pasture, annual soil tests shall be conducted.

iv.Confinement areas. Confinement areas shall not be considered part of a pasture.(7-1-24)

IDAPA 02.04.14.031 Phosphorus Management

Dairy farms shall utilize either Phosphorus Indexing (Section 031.01) in accordance with the Idaho Phosphorus Site Index, or Phosphorus Threshold (Section 031.02) pursuant to the 1999 Idaho NRCS Nutrient Management Standard 590 to manage nutrient application.(7-1-24)

01.Phosphorus Indexing. The dairy farm shall utilize phosphorus site indexing (PSI) for each field where dairy byproducts and/or commercial fertilizers are land applied and for each pasture utilized for grazing, in accordance with the Idaho Phosphorus Site Index Standards. The PSI shall be calculated by a Nutrient Management Planner, certified by the Department, and be included as a component of the DNMP in the dairy farm’s Environmental Management Plan. It shall be the dairy farm’s responsibility to provide updated information, including annual soil test results, to the Nutrient Management Planner for calculation of the PSI on all fields and pastures on an annual basis. Failure to abide by the nutrient application and management provisions of a field or pasture’s PSI risk classification in the DNMP shall constitute a non-compliance and the producer may be penalized as provided in these rules.(7-1-24)

a.Notwithstanding anything to the contrary in the Idaho Phosphorus Site Index Standards, no land application of phosphorus shall be permitted on any fields or pastures that possess a soil phosphorus level exceeding three hundred (300) parts per million, as determined by the required annual soil test (via Olsen method). Further, the dairy farm shall not receive BMP Coefficient credit for implementing any best management practice designed to reduce phosphorus loss on fields exceeding three hundred (300) parts per million, via Olsen method.(7-1-24)

b.The Department may award zero (0) or partial BMP Coefficient credit when a dairy farm implements a best management practice designed to reduce phosphorus loss from fields that does not fully conform to NRCS standards or the standards set forth in the Idaho Phosphorus Site Index Standards BMP definition section.

c.Amendments to the Idaho Phosphorus Site Index Standards must be approved by three (3) scientists from research institutions identified as partner institutions of the USDA National Institute of Food and Agriculture (NIFA), as found at https://www.nifa.usda.gov/land-grant-colleges-and-universities-partner-websitedirectory. Amendments shall be based on a minimum of three (3) peer-reviewed research publications that are relevant to Idaho’s climate, soil, cropping system and irrigation.(7-1-24)

02.Phosphorus Threshold. If the regulatory or producer soil tests reveal that phosphorus thresholds on fields and pastures have exceeded the levels established in the 1999 Idaho NRCS Nutrient Management Standard 590, the producer shall only apply phosphorus at the appropriate phosphorus crop uptake rate. Subsequent regulatory soil test(s) on fields and pastures that were identified as exceeding the phosphorus threshold will be conducted. If two (2) out of three (3) tests reveal the phosphorus index continues to trend upward, the producer will be penalized as provided in these rules. These tests shall be taken in the top one (1) foot of soil.(7-1-24)

IDAPA 02.04.14.032 (Reserved)

IDAPA 02.04.14.040 Inspections

Each dairy farm shall be inspected at intervals sufficient to determine that dairy byproducts and process water have been managed to prevent an unauthorized discharge, unauthorized release, or contamination of surface and ground water.(7-1-24)

IDAPA 02.04.14.041 (Reserved)

IDAPA 02.04.14.050 Compliance Schedules

01.Non-Compliance or Unauthorized Releas e Violations. Appropriate corrective actions will be identified and informally scheduled when items of non-compliance or unauthorized release violations are identified.

The Director may develop a formal compliance schedule in the following cases:(7-1-24)

a.Failure to complete corrective actions within thirty (30) days; or(7-1-24)

b.Corrective actions require significant capital investment; or(7-1-24)

c.Informal schedules have not been followed.(7-1-24)

02.Re-Inspection. Re-inspection of the dairy farm will be conducted as appropriate, to ensure compliance. An unauthorized release violation shall be corrected immediately, when at all possible.(7-1-24)

IDAPA 02.04.14.051 (Reserved)

IDAPA 02.04.14.060 Unauthorized Discharges and Unauthorized Releases -- Penalties

Non-compliance with requirements for dairy environmental systems, the NMS, and DNMP shall be addressed through corrective actions and compliance schedules pursuant to these rules.(7-1-24)

IDAPA 02.04.14.061 (Reserved)

02.04.23 Rules Governing Commercial Livestock Truck Washing Facilities

IDAPA 02.04.23.000 Legal Authority

Sections 22-103(15) and 22-110, Idaho Code.(7-1-24)

IDAPA 02.04.23.001 Scope

These rules govern the permitting, construction, and managemen t of commercial livestock truck washing facilities.

(7-1-24)

IDAPA 02.04.23.002 Incorporation by Reference

Copies of these documents may be obtained from the Idaho State Department of Agriculture central office and the State Law Library.(7-1-24)

01.Idaho NRCS Nutrient Management Standard 590. The 1999 publication by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Idaho Conservation Practice Standard, Nutrient Management Code 590, available online at https://agri.idaho.gov/main/wp-content/uploads/2017/ 08/nutrient_Management_code_590.pdf.(7-1-24)

IDAPA 02.04.23.003 (Reserved)

IDAPA 02.04.23.010 Definitions

The following definitions apply in the interpretation and enforcement of this chapter.(7-1-24) 01.

Commercial Livestock Truck Washing Facilities. Livestock truck washing facilities that charge a fee to wash livestock trucks and trailers, or those facilities where the process wastewater is not regulated pursuant IDAPA 02.04.14 “Rules Governing Dairy Byproduct,” or 02.04.15 “Rules Governing Beef Cattle Animal Feeding Operations.”(7-1-24)

02.Livestock. Bovidae, ovidae, suidae, and equidae.(7-1-24)

03.Livestock Truck Washing Facilities. Those facilities utilized primarily for washing and cleaning trucks and trailers that haul livestock.(7-1-24)

04.Process Wastewater. Any water generated on a commercial livestock truck washing facility that comes into contact with manure, compost, bedding, or feed.(7-1-24)

05.Runoff. Any precipitation that comes into contact with manure, compost, bedding, or feed on a commercial livestock truck washing facility.(7-1-24)

06.Unauthorized Discharge. A discharge of process wastewater or manure from a commercial livestock truck washing facility to surface waters of the state that is not authorized under an IPDES permit. (7-1-24)

07.Waters of the State. All surface and ground water located within the boundaries of the state or boundary streams, rivers and lakes except for private waters as defined in Title 42, Chapter 2, Idaho Code. (7-1-24)

IDAPA 02.04.23.011 Abbreviations

01.CLTWF. Com mercial Livestock Truck Washing Facility.(7-1-24)

02.ISDA. Idaho State Department of Agriculture.(7-1-24)

03.NMP. Nutrient Management Plan.(7-1-24)

04.IPDES. Idaho Pollutant Discharge Elimination System.(7-1-24)

05.NRCS. Natural Resources Conservation Service.(7-1-24)

06.USDA. United States Department of Agriculture.(7-1-24)

IDAPA 02.04.23.012 (Reserved)

IDAPA 02.04.23.050 Inspections

The Director shall have reasonable access to all CLTWF facilities or records:(7-1-24)

IDAPA 02.04.23.051 (Reserved)

IDAPA 02.04.23.100 Permit Required

No person shall construct or operate a CLTWF without first obtaining a permit to do so from the Director.(7-1-24)

IDAPA 02.04.23.101 Application for Permit

Applications for permits submitted to ISDA on a form approved by the Administrator.(7-1-24)

IDAPA 02.04.23.102 (Reserved)

IDAPA 02.04.23.110 Duration of Permit

Permits issued pursuant to this chapter are valid for a period of two (2) years.(7-1-24)

IDAPA 02.04.23.111 Renewal of Permit

The operator of a CLTWF shall submit an application to renew the permit to the Director for approval ninety (90) days prior to the expiration of the existing permit.(7-1-24)

IDAPA 02.04.23.112 (Reserved)

IDAPA 02.04.23.120 Revocation of Permit

The Director may revoke the permit of any CLTWF that v iolates any of the provisions of this Chapter.(7-1-24)

IDAPA 02.04.23.121 (Reserved)

IDAPA 02.04.23.200 Unauthorized Discharges

Unauthorized discharges of manure or process wastewater from CLTWF or land application sites owned or controlled by a CLTWF are prohibited. CLTWF operators shall notify the Director within twenty-four (24) hours of learning of a discharge. (7-1-24)

IDAPA 02.04.23.201 (Reserved)

IDAPA 02.04.23.300 Wastewater Storage and Containment Facilities

All CLTWF shall have wastewater storage and containment facilit ies designed, constructed, operated, and maintained pursuant to IDAPA 02.04.30, “Rules Governing Environmental and Nutrient Management.”(7-1-24)

IDAPA 02.04.23.301 (Reserved)

IDAPA 02.04.23.320 Substances Entering Wastewater Storage and Containment Facilities

Only manure and process wastewater from the operation of the CLTWF shall be allowed to enter wastewater storage and containment facilities. The disposal of any other materials into a wastewater storage and containment facility, including, but not limited to oil, grease, heavy metals, chlorinated solvents, and human waste is prohibited. (7-1-24)

IDAPA 02.04.23.321 (Reserved)

IDAPA 02.04.23.330 Nutrient Management

Each CLTWF shall have an NMP that conforms to IDAPA 02.04.30, “Rules Governing Environmental and Nutrient Management.”(7-1-24)

IDAPA 02.04.23.331 (Reserved)

02.04.05 Rules Governing Grade A Milk and Manufacture Grade Milk

IDAPA 02.04.05.000 Legal Authority

This chapter is adopted under the legal authority of Secti ons 37-303, 37-402, 37-405, and 37-516, Idaho Code.

IDAPA 02.04.05.001 Scope

These rules govern procedures for the design, construction, pro duction, manufacture, distribution, handling, storage, quality, analysis and sale of Grade A Milk and Manufacture Grade Milk and Milk Products.(3-15-22)

IDAPA 02.04.05.002 (Reserved)

SUBCHAPTER A – GRADE A MILK AND MILK PRODUCTS

IDAPA 02.04.05.104 Incorporation by Reference

All Grade A Milk and Milk Products shall comply with the provisions set forth in the following documents incorporated by reference in this Subchapter A only:(3-15-22)

01.Grade “A” Pasteurized Milk Ordinance. The Grade “A” Pasteurized Milk Ordinance, 2023 revision, published by the U. S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, except the bacterial limit standard and the somatic cell count standard in Section 7 of the document.

Available online at https://www.fda.gov/media/180975/download?attachment.(7-1-25)

02.Evaluation of Milk Laboratories. The Evaluation of Milk Laboratories, 2023 revision, published by the U. S. Department of Health and Human Services, Public Health Service, Food and Drug Administration.

Available online at https://www.fda.gov/media/180977/download?attachment.(7-1-25)

03.Methods of Making Sanitation Ratings of Milk Shippers, and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufactures. The Methods of Making Sanitation Ratings of Milk Shippers, and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufactures, 2023 revision, published by the U. S. Department of Health and Human Services, Public Health Service, Food and Drug Administration. Available online at https://www.fda.gov/ media/180976/download?attachment.(7-1-25)

04.Interstate Milk Shipments. The Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2023 revision, published by the U. S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, and the National Conference on Interstate Milk Shipments. Available online at https://www.fda.gov/ media/180974/download?attachment.(7-1-25)

IDAPA 02.04.05.105 (Reserved)

IDAPA 02.04.05.120 Grade a Milk and Milk Products Quality Standards

The following standards are substit uted for the bacterial limit standard and the somatic cell count standard for Grade A raw milk and milk products for pasteurized, ultra-pasteurization or aseptic processing in Section 7 of the Grade “A” Pasteurized Milk Ordinance.(3-15-22)

01.Bacterial Limit Standard. The bacterial limit standard is eighty thousand (80,000) per mL.

02.Somatic Cell Count Standard. The somatic cell count standard is four hundred thousand (400,000) per mL.(3-15-22)

03.Out of State Milk. Milk from other states, if processed in Idaho, shall comply with the Idaho somatic cell count standard.(3-15-22)

IDAPA 02.04.05.121 (Reserved)

SUBCHAPTER B – MILK AND CREAM PROCUREMENT AND TESTING

IDAPA 02.04.05.210 Definitions

In addition to the definitions found in Chapters 3 and 5, Title 37, Idaho Code, the following definitions apply to the int erpretation and enforcement of Subchapter B only:(3-15-22)

01.Abnormal Test. A test result from a producer sample that is dissimilar from recent producer milk component or quality parameter testing results; an anomaly.(3-15-22)

02.Accuracy Check. A test made at the beginning of each testing session and once per hour thereafter to determine the continued accuracy of the testing device.(3-15-22)

03.Approved Testing Methods. Methods approved by the director for testing milk or cream components and quality parameters when those components and parameters are used as a basis of payment.

04.Calibration. The settings established on a testing device that will result in an average number of results that are within tolerance.(3-15-22)

05.Clearance Test. A sample set issued to an official laboratory, by the Department, to maintain a probationary testing license or reinstate a suspended testing license.(3-15-22)

06.Control Samples. Milk samples used to determine or set the calibration of the testing device.

07.Component Testing. An analysis of milk or cream constituents including milkfat, protein, lactose or solids-nonfat, which is used as a basis of payment.(3-15-22)

08.Detailed Pricing Description. The method used by the purchaser of milk or cream as the criteria for determining the price paid.(3-15-22)

09.Milk Component or Component. A unique compound within milk whose relative mass within the milk may be used to determine the payment to producers. Component parts of milk include milkfat, protein, lactose, solids-nonfat, other solids, and total solids.(3-15-22)

10.Official Laboratory. A facility, licensed by the department, that tests milk or cream components or quality parameters for the purpose of determining the value of the product when sold or purchased by producers or processors.(3-15-22)

11.Outlier. A regulatory sample result that appears to deviate markedly from other members of the sample set in which it occurs.(3-15-22)

12.Pay Records. Signed written or printed records, which itemize milk volume, milk component and quality parameters used as payment to a producer or other processor.(3-15-22)

13.Performance Error. The difference between the known percentage content of each milk component in the control sample, as determined by the sample provider, and the percentage content as measured by the testing device.(3-15-22)

14.Producer. A dairy farm permitted by the department to sell milk for human consumption.

15.Processor. A creamery, milk plant, shipping or cream buying station, milk condensing plant, cheese factory, mix making plant, ice cream factory, reprocessing plant, casein plant, powdered milk plant, or factory of milk products, or other person receiving or purchasing milk or cream in bulk other than a retail vendor of milk on the basis of volume, milk components, or milk quality.(3-15-22)

16.Quality Parameter. The quality of milk or cream as determined by the bacteria/plate count method, somatic cell count, temperature, drug residues or other parameters as approved by the department. (3-15-22)

17.Rolling Group of Thirteen (13).

A series of thirteen (13) consecutive sample testing dates where the lab performance error of each biweekly component test is averaged together to represent the long-term accuracy of the lab. To be considered a valid testing date, a lab must evaluate and provide results on no less than nine (9) component samples from each round of testing.(3-15-22)

18.Testing Device. The equipment used to determine the percentage of milk or cream components.

19.Sample Set. A group of not less than nine (9) milk samples issued by the Department to each official laboratory to evaluate component testing accuracy.(3-15-22)

20.Tolerance. The acceptable performance error from the control values of each sample set as determined by the sample provider.(3-15-22)

IDAPA 02.04.05.211 (Reserved)

IDAPA 02.04.05.220 Milk and Cream Procurement and Testing Requirements

All bovine milk and cream produced, purchased, or sold in the state of Idaho at a price based upon or determined by the milkfat, protein, lactose, solids-nonfat, somatic cell counts, or other quality parameters, shall comply with the requirements of Subchapter B.(3-15-22)

IDAPA 02.04.05.221 Laboratory Licensing Requirements

01.License Required.

All laboratories that test bovine milk or cream components and quality parameters for a basis of payment must be licensed by the department as an official laboratory.(3-15-22)

02.License Application. A laboratory must apply for a license on a form prescribed by the department. The laboratory must identify (on the application form) the names of all persons who will test milk or cream components and quality parameters.(3-15-22)

03.License Fee. The license fee, per laboratory, is twenty-five dollars ($25).(3-15-22)

04.License Term. The official laboratory license is valid for three (3) calendar years after issuance by the department, unless otherwise suspended or revoked in accordance with these rules. The license expires on December 31 of the third year.(3-15-22)

IDAPA 02.04.05.222 (Reserved)

IDAPA 02.04.05.230 Official Laboratories - Responsibilities and Operating Procedures

01.Facility Requirements.

The areas in official laboratories where component or quality parameter testing is conducted shall be well lighted, kept clean, appropriately ventilated and sufficient in size to provide for accurate testing. Laboratories that are certified under the Grade A program set forth in Subchapter B are deemed to satisfy the facility requirements for an official laboratory.(3-15-22)

IDAPA 02.04.05.231 (Reserved)

IDAPA 02.04.05.241 Calibration of Milk Component Testing Devices

All testing devices shall be calibrated according to the protocols set by the testing device manufacturer, or as set forth in Subchapter B.(3-15-22)

01.Calibration Procedure. To calibrate a testing device, the official laboratory must use the device to test a set of calibration samples. The testing device shall be adjusted, as necessary, to satisfy each of the following requirements:(3-15-22)

a.The performance error on each calibration sample shall be as near as practicable to zero (0).

b.The standard deviation of test results, calculated for the set of calibration samples shall not exceed forty-four thousandths percent (.044%) for milkfat or protein, or eighty-four thousandths percent (.084%) for total solids or solids-nonfat.(3-15-22)

IDAPA 02.04.05.242 Daily Performance Checks

All testing devices must be subjected to a daily performance check before each day’s testing, in accordance with the standards set by the testing device manufacturer, or as set forth in this Subchapter B.(3-15-22)

01.Calibration Based On Daily Performance Check. If the mean difference calculated on a daily performance check exceeds plus or minus forty-four thousandths percent (.044%) for milkfat or protein, or eightyfour thousandths percent (.084%) for total solids or solids-nonfat, the testing device shall not be used until it is recalibrated in accordance with Section 241.(3-15-22)

IDAPA 02.04.05.243 (Reserved)

IDAPA 02.04.05.250 Sample Integrity

Milk or cream samples must be handled, stored, and shipped in a manner that maintains the integrity of the samples.

Sam ples must be maintained in a temperature range of thirty-three degrees (33°) to forty-five degrees (45°)

Fahrenheit (zero point fifty-five hundredths degrees (0.55°) to seven point twenty-two hundredths degrees (7.22°)

Celsius).(3-15-22)

IDAPA 02.04.05.251 (Reserved)

IDAPA 02.04.05.260 Abnormal Tests

Whenever an abnormal test occurs on a producer’s sample, that result may not be used as a basis of payment.

01.Alternate Tests. In the case of an abnormal test, the official laboratory will use an average of the previous three (3) tests from that producer or another department approved method.(3-15-22)

02.Accidents and Sampling Errors. Laboratory accidents or sampling errors on milk or cream to be tested will not be used as official results and the criteria in Subsection 260.01 will be instituted.(3-15-22)

03.Documentation. All abnormal tests must be documented by the person conducting the test.

IDAPA 02.04.05.261 (Reserved)

IDAPA 02.04.05.270 Detailed Pricing Description

On each pay record to the seller, purchasers or procurers of milk or cream must provide the seller with all pricing detail needed to determine the net payment for the product sold. At a minimum, the detail must include the following:

01.Pricing Method and Pounds Purchased. If more than one (1) pricing method is used, the detail must include the pounds purchased at each method. The pricing method may include:(3-15-22)

a.The value of each component per pound;(3-15-22)

b.The total value of total component pounds;(3-15-22)

c.The yield formula type and value of the end product(s); or(3-15-22)

d.Fixed pricing type.(3-15-22)

02.Total Weight or Volume. If weight is used, it must be expressed by pounds. If volume is used, it must be expressed in U.S. gallons.(3-15-22)

03.Component Information. All relevant component testing averages or pounds of solids for each component.(3-15-22)

04.Bonuses and Deductions. All quality bonuses or deductions and the applicable quality parameters used to calculate the bonuses or deductions.(3-15-22)

05.Hauling Charges. All hauling charges and any applicable surcharges.(3-15-22)

06.Other Deductions. All other payment deductions including check-offs, administrative fees, and laboratory fees.(3-15-22)

07.Other Factors. All other factors affecting net payment.(3-15-22)

08.Availability. Pay records must be made available to the department upon request, and be maintained by the procurer or processor for at least one (1) year.(3-15-22)

IDAPA 02.04.05.271 (Reserved)

IDAPA 02.04.05.280 Regulatory Compliance - Inspections and Records Review

The department shall have access at any time to official laboratories to review testing procedures, records , or to conduct other inspections or tests to determine compliance with Subchapter B and Title 37, Chapter 5, Idaho Code.

Any time a testing device is being operated to test for milk components or other quality parameters, the department may provide samples to an official laboratory, and require the official laboratory to immediately process those samples in order to ensure compliance with Subchapter B of this rule.(3-15-22)

IDAPA 02.04.05.281 Regulatory Samples

01.Sample Set.

a.The department will provide sample sets to official laboratories, on a bi-weekly basis or at a frequency determined by the department to be necessary to ensure accurate component testing results.(3-15-22)

b.The department may provide regulatory samples from other sources if necessary.(3-15-22)

c.The official laboratory must immediately process the samples for those components used by the processor or procurer as a basis of payment while being observed by a department employee or representative.

d.The official laboratory must evaluate the sample set using identical control standards and device settings which are used to routinely evaluate Idaho producer milk components for basis of payment.(3-15-22)

e.If the official laboratory is unable to process the samples due to maintenance or mechanical issues, the department may obtain and deliver an additional set of regulatory samples.(3-15-22)

02.Regulatory Sample Results. The regulatory sample results will be compiled and evaluated by the department in rolling groups of thirteen (13).(3-15-22)

03.Outliers. Sample results that have been identified as outliers will not be used in the calculation of tolerance for regulatory test results.(3-15-22)

04.Regulatory Sample Tolerances. Each group of rolling thirteen (13) average shall be within the following tolerances for those components used as a basis of payment by the processor or procurer:(3-15-22)

a.Plus or minus two hundredths percent (.02%) for milkfat and protein.(3-15-22)

b.Plus or minus sixty-five thousandths percent (.065%) for solids, other than milkfat or protein.

IDAPA 02.04.05.282 License Suspension and Revocation Based on Regulatory Samples

1. Two (2) Out of Four (4) Violation.

Whenever the average performance error of two (2) of the last four (4) rolling groups of thirteen (13) exceed the tolerance for milkfat, protein, or solids as set forth in Subsection 281.04 of this rule, the Department will issue a written notice to the official laboratory. This notice is in effect as long as two (2) of the last four (4) rolling groups of thirteen (13) exceed the allowable tolerance for component testing.

2. License Suspension. If two (2) out of four (4) of an official laboratory’s rolling groups of thirteen (13) average are out of tolerance pursuant to Subsection 281.04 of this rule, the Department will evaluate the following items prior to suspending the testing license.(3-15-22)

a.Two (2) out of Four (4) Testing Requirement. The average performance error of each component tested by an official laboratory under a two (2) out of four (4) violation notice must be within plus or minus thirty-one thousandths percent (.031%) protein, thirty-three thousandths percent (.033%) milkfat and sixty-five thousandths percent (.065%) other solids on all scheduled sample sets, until the official laboratory no longer exceeds the performance tolerance on two (2) out of four (4) rolling groups of thirteen (13) average.(3-15-22)

i.Test results from laboratories under a two (2) out of four (4) notice will be included in rolling group of thirteen (13) averages.(3-15-22)

03.Three (3) out of Five (5) Violation. An official laboratory under a two (2) out of four (4) violation notice that does not meet the performance requirements listed in this section on each component of a scheduled sample set will have committed a three (3) out of five (5) violation. A three (3) out of five (5) violation will result in immediate license suspension.(3-15-22)

04.License Reinstatement. An official laboratory may seek reinstatement of a suspended license by completing the following:(3-15-22)

a.Clearance Test. The average performance error of the official laboratory must be within plus or minus thirty-one thousandths percent (.031%) protein, thirty-three thousandths percent (.033%) milkfat, and sixtyfive thousandths percent (.065%) other solids on a sample set issued by the Department. The official laboratory will be responsible for the cost of a reinstatement sample set if it does not coincide with the normal sample set schedule.

Clearance test results used for license reinstatement are not included in rolling group of thirteen (13) averages.

05.License Revocation for Repeated Out of Tolerance Test Results. If the regulatory sample results are repeatedly out of tolerance, the department may initiate steps to revoke the official laboratory’s license to conduct component testing for three (3) months or more.(3-15-22)

IDAPA 02.04.05.283 (Reserved)

IDAPA 02.04.05.290 Record Keeping

Records must be maintained by the official laboratory in accordance with this section, and must be made available for examination by the department, upon the department’s request.(3-15-22)

01.General Provisions.(3-15-22)

a.No record may be altered except that errors may be corrected by striking through the original entry and inserting the correct entry immediately adjacent to the original. A corrected entry shall be initialed by the person who made the corrected entry.(3-15-22)

b.Records may be maintained in paper or electronic format. In either case, the records must:

i.Be effectively secured against loss or tampering.(3-15-22)

ii.Be readily retrievable for inspection by the dairy plant operator and the department.(3-15-22)

iii.If corrected, have the correction identified so that the reader may easily compare the corrected version to the original.(3-15-22)

02.Records Retention - Time Limit. The dairy plant operator or the official laboratory must maintain the records required under this section of Subchapter B for at least one (1) year.(3-15-22)

IDAPA 02.04.05.291 Enforcement

01.License Suspension.

The director may suspend official laboratory component testing from any laboratory not meeting the requirements set forth in Subchapter B until the official laboratory has satisfactorily demonstrated compliance with Subchapter B.(3-15-22)

02.Effect of License Suspension. If an official laboratory’s license is suspended, the official laboratory cannot conduct component testing for use as a basis of payment and must use a licensed third-party laboratory. Procurers of milk who must use a licensed third-party laboratory must pay any associated component testing fees.(3-15-22)

IDAPA 02.04.05.292 (Reserved)

SUBCHAPTER C – MANUFACTURE GRADE MILK

IDAPA 02.04.05.304 Incorporation by Reference

The following documents are incorporated by reference into this Subchapter C only.(3-15-22) 01.

Standard Methods for the Examination of Dairy Products (Standard Methods). (17th Edition, June 1, 2004) published by the American Public Health Association.(3-15-22)

02.United States Sediment Standards for Milk and Milk Products (September 1, 1977) (USDA AMS Dairy Division). This document is available online at https://www.ams.usda.gov/sites/default/files/media/ USSedimentStandardsforMilkandMilkProducts.pdf.(3-15-22)

03.United States Standards for Grades of Butter (August 31, 1989) (USDA AMS Dairy Division).

This document is available online at https://www.ams.usda.gov/sites/default/files/media/Butter_Standard[1].pdf.

04.Appendix D “Standards for Water Sources” of the Grade “A” Pasteurized Milk Ordinance.

The Grade “A” Pasteurized Milk Ordinance, 2013 revision, published by the U. S. Department of Health and Human Services, Public Health Service, Food and Drug Administration. This document is available online at https:// www.fda.gov/media/123139/download.(3-15-22) 05.“Subpart E – Requirements for Licensed Dairy Plants,” of the ‘Milk for Manufacturing Purposes and Its Production and Processing, Recommended Requirements’ published by USDA, AMS, Dairy Programs and made effective July 21, 2011. Copies of this document may be obtained from the Idaho State Department of Agriculture or accessed online at https://www.ams.usda.gov/sites/default/files/media/ Milk%20for%20Manufacturing%20Purposes%20and%20its%20Production%20and%20Processing.pdf.(3-15-22)

06.Grade “A” Pasteurized Milk Ordinance. The Grade “A” Pasteurized Milk Ordinance, 2019 revision, published by the U. S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, except those provisions establishing raw milk standards for raw milk for pasteurization, available online at https://www.fda.gov/media/140394/download.(3-15-22)

IDAPA 02.04.05.305 (Reserved)

IDAPA 02.04.05.310 Definitions

In addition to the definitions found in Chapters 3, 4, and 5, Title 37, Idaho Code, the following definitions apply to the interpretation and enforcement of Subchapter C only:(3-15-22) 01.3-A Sanitary Standards. The standards for dairy equipment formulated by the 3-A Sanitary Standards, Inc. (3-A SSI). 3-A SSI is comprised of equipment fabricators, Dairy Processors, and regulatory sanitarians, which include state milk regulatory officials, USDA Agricultural Marketing Service Dairy Programs, the US. Public Health Service, the Food and Drug Administration, academic representatives, and others.(3-15-22)

02.Acceptable Milk. Milk that qualifies as to appearance and odor and that is classified No. 1 or No. 2 for sediment content.(3-15-22)

03.Adulterated Milk. Weakened or lessened in purity by the addition of a foreign or inferior substance or element rendering the milk unsuitable for human consumption.(3-15-22)

04.Atmosphere Relatively Free From Mold. No more than ten (10) mold colonies per cubic foot of air as determined in Standard Methods.(3-15-22)

5. Bulk Milk Hauler or Bulk Milk Sampler. A person licensed by the Department who is qualified and trained for the grading or sampling of raw milk in accordance with the quality standards and procedures of these rules and the Universal Sample.(3-15-22)

06.C-I-P or Cleaned-in-Place. The procedure by which sanitary pipelines or pieces of dairy equipment are mechanically cleaned in place by circulation.(3-15-22)

07.Commingled Milk. Milk that has left the Dairy Farm and has been mixed with other individual Producer milk in a Transportation Tank or at a Dairy Plant.(3-15-22)

08.Dairy Farm or Farm. A place or premise certified by the Department where one (1) or more milking cows, sheep, goats, or water buffalo are kept, and from which all or a portion of the milk produced thereon is delivered, sold, or offered for sale to a Dairy Plant.(3-15-22)

09.Dairy Permit. A Department-issued document acknowledging a dairy facility has met the applicable requirements of Section 360 for the production of milk to be used for manufacturing purposes. (3-15-22)

10.Dairy Plant or Dairy Processor. Any place, premise, or establishment licensed by the Department where milk or dairy products are transported, graded, received or handled for processing or manufacturing and/or prepared for distribution.(3-15-22)

11.Dairy Products. Butter, cheese (natural or processed), dry whole milk, nonfat dry milk, dry buttermilk, dry whey, evaporated milk (whole or skim), condensed whole milk and condensed skim milk (plain or sweetened), and such other products, for human consumption, as may be otherwise designated.(3-15-22)

12.Excluded Milk. All of a Producer’s milk excluded from the market by the provisions of Section

IDAPA 02.04.05.341 (3-15-22)

13.Farm Tank. A tank used to cool, store or cool, and store milk prior to transportation to the processing plant.(3-15-22)

14.Fieldman. A person qualified and trained in the sanitary methods of production and handling of milk as set forth herein, and generally employed by a Dairy Plant for the purpose of making Dairy Farm surveys and doing quality control work.(3 -15-22)

15.Fieldman, Approved. A Fieldman qualified, trained, and approved by the Department to perform Dairy Farm inspections and raw milk grading or sampling.(3-15-22)

16.Inspector. A qualified, trained person employed by the Department to perform Dairy Farm or Dairy Plant inspections and raw milk grading or sampling.(3-15-22)

17.Milk. The lacteal secretion practically free from colostrum obtained by the complete milking of one (1) or more healthy cows, goats, sheep, or water buffalo for manufacturing purposes.(3-15-22)

18.Milk for Manufacturing Purposes. Milk produced from a Department-permitted Dairy Farm for processing and manufacturing into products for human consumption.(3-15-22)

19.Probational Milk. Milk classified No. 3 for sediment content.(3-15-22)

20.Producer. The person or persons who exercise control over the production of the milk delivered to a Dairy Plant.(3-15-22)

21.Rejected Milk. Milk rejected from the market according to the provisions of Section 340.

22.Sanitizing Treatment. Application of any effective method or sanitizing agent to clean surface for the destruction of pathogens and other organisms as far as is practicable. The sanitizing agents used shall comply with the Standard Methods.(3-15-22)

23.Transportation Tank. A tank used to transport milk or supply milk from a Dairy Farm to a Dairy Plant.(3-15-22)

24.Universal Sample. A single milk sample taken for the purpose of chemical, biochemical, or bacterial analyses typically used for regulatory purposes.(3-15-22)

IDAPA 02.04.05.311 (Reserved)

IDAPA 02.04.05.320 Raw Manufacture Grade Milk or Cream

All raw milk or cream for manufacturing purposes from all sources shall be based on the following quality specifications.(3-15-22)

01.Raw Milk. The appearance and odor of acceptable raw milk is normal, fresh, and sweet and free from objectionable feed and other off odors that would adversely affect the finished dairy product.(3-15-22)

02.Milk or Cream. Milk or cream is unacceptable which:(3-15-22)

a.Is other than the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, goats, sheep, or water buffalo properly kept and fed;(3-15-22)

b.Contains added water;(3-15-22)

c.Contains colostrum, is ropy, bloody or gives any indication of having come from diseased or injured udders;(3-15-22)

d.Contains filth, is contaminated with flies, earwigs or other insects, dirt, oil, economic poisons, pesticides or other foreign matter which renders it unfit for human consumption;(3-15-22)

e.Tests positive for antibiotics or inhibitors as tested by the accepted methods of the Standard Methods or by tests approved by the Department;(3-15-22)

f.In the case of cream, is rancid, putrid, or actively foaming;(3-15-22)

g.Is more than three (3) days or seventy-two (72) hours old when picked up at the Dairy Farm;

h.Does not meet the quality standards as set forth in Subchapter C.(3-15-22)

IDAPA 02.04.05.321 Quality Requirements for Milk

FOR MANUFACTURING PURPOSES.

01.Basis. The quality classification of raw milk for manufacturing purposes from each Producer shall be based on an organoleptic examination for appearance and odor, a drug residue test and quality control tests for sediment content, bacterial estimate and somatic cell count.(3-15-22)

a.At least once each month the Bulk Milk Haulers shall bring in not less than a two (2) ounce sample of mixed milk from a Producer’s Farm Tank. The sample shall be taken in accordance with recommended procedures outlined in the Standard Methods.(3-15-22)

02.Appearance and Odor. The appearance of acceptable raw milk shall be normal and free of excessive coarse sediment when examined visually or by an acceptable test procedure. The milk shall not show any abnormal condition (including but not limited to curdles, ropy, bloody or mastitic condition), as indicated by sight or other test procedures. The odor shall be fresh and sweet. The milk shall be free from objectionable feed and other offodors that would adversely affect the finished dairy product.(3-15-22)

03.Sediment Testing. Methods for determining the sediment content of the milk of individual Producers shall be those described in the Standard Methods. Sediment content shall be based on comparison with applicable charts of the United States Sediment Standards for Milk and Milk Products as incorporated by reference.

04.Frequency of Test. At least once each month, at irregular intervals, the milk from each Producer shall be tested as follows:(3-15-22)

a.Milk in Cans. One (1) or more cans of milk selected at random from each Producer.(3-15-22)

b.Milk in Farm Tanks. A sample taken from each Farm Tank.(3-15-22)

05.Acceptance or Rejection of Milk. If the sediment disc is classified as No. 1, No. 2, or No. 3, the Producer’s milk may be accepted. If the sediment disc is classified No. 4 the milk shall be rejected: provided, that if the shipment of milk is commingled with other milk in a Transport Tank the next shipment shall not be accepted until its quality has been determined at the Dairy Farm before being picked up; however, if the person making the test is unable to get to the farm before the next shipment it may be accepted but no further shipments shall be accepted unless the milk meets the requirements of No. 3 or better. In the case of milk classified as No. 3 or No. 4, if in cans, all cans shall be tested. Producers in No. 3 or No. 4 (milk cans or bulk) shall be notified immediately, and furnished applicable sediment discs and the next shipment will be tested.(3-15-22)

06.Retests. On test of the next shipment (if in cans, all cans shall be tested) milk classified as No. 1, No. 2, or No. 3, may be accepted, but No. 4 milk shall be rejected. Retests of bulk milk classified as No. 4 shall be made at the Dairy Farm before pickup. The Producers of No. 3 or No. 4 milk shall be notified immediately, furnished applicable sediment discs and the next shipment tested. This procedure of retesting successive shipments and accepting probational (No. 3) milk and rejecting No. 4 milk may be continued for not to exceed ten (10) calendar days. If at the end of this time all of the Producer’s milk does not meet the acceptable sediment content classification (No. 1 or No. 2) the milk shall be excluded from market.(3-15-22)

IDAPA 02.04.05.322 (Reserved)

IDAPA 02.04.05.330 Bacterial Estimate Classification

A laboratory examination to determine the bacterial estimate shall be made on each Producer’s milk at least once each month at irregular intervals. Samples shall be analyzed at a laboratory approved by the Department.(3-15-22)

01.Methods of Testing. Milk shall be tested for bacterial estimate by using testing methods approved by USDA or the Department:(3-15-22)

02.Bacterial Estimate Procedures. Whenever the bacterial estimate indicates the presence of more than two hundred thousand (200,000) bacteria per milliliter, the following procedures shall be applied:(3-15-22)

a.The Producer will be notified with a warning of the excessive bacterial estimate.(3-15-22)

b.Whenever two (2) of the last four (4) consecutive bacterial estimates exceed two hundred thousand (200,000) per milliliter, the Department shall be notified and a written warning notice given to the Producer. The notice is in effect so long as two (2) of the last four (4) consecutive samples exceed two hundred thousand (200,000) per milliliter.(3-15-22)

c.An additional sample will be taken between three (3) days and twenty one (21) days after the date of the written notice. Subsequent milkings shall be excluded from the market until the bacterial estimate of the sample is less than two hundred thousand (200,000) per milliliter. The Producer will be fully reinstated when three (3) out of four (4) consecutive bacterial estimate test do not exceed two hundred thousand (200,000) per milliliter.

IDAPA 02.04.05.331 (Reserved)

IDAPA 02.04.05.340 Rejected Milk

A plant shall reject specific milk from a Prod ucer if the milk fails to meet the requirements for appearance and odor, if it is classified No. 4 for sediment content, or if it tests positive for drug residue. All reject milk shall be identified with a reject tag and/or colored with harmless food coloring.(3-15-22)

IDAPA 02.04.05.341 Excluded Milk

A Dairy Plant shall not a ccept milk from a Producer if:(3-15-22)

01.Probational Sediment Content. The milk has been in a probational (No. 3) sediment content classification for more than ten (10) calendar days.(3-15-22)

02.Exceeding Maximum Bacteria. Three (3) of the last five (5) milk samples have exceeded the maximum bacteria estimate of two hundred thousand (200,000) per milliliter.(3-15-22)

03.Maximum Somatic Cell Count. Three (3) of the last five (5) milk samples have exceeded the maximum somatic cell count level of seven hundred fifty thousand (750,000) per milliliter or one million five hundred thousand (1,500,000) per milliliter for goat or sheep milk.(3-15-22)

04.Positive Drug Test. The Producer’s milk shipments to either the Grade A or the manufacturing grade milk market currently are not permitted due to a positive drug residue test.(3-15-22)

IDAPA 02.04.05.342 (Reserved)

IDAPA 02.04.05.350 Records of Tests

Accurate records of the results of the milk quality and drug residue tests for each Producer shall be kept on file for a period of not less than twelve (12) months. The records shall be available for examination by the Department.

IDAPA 02.04.05.351 Somatic Cell Count

01.Level of Somatic Cells.

A laboratory examination to determine the level of somatic cells shall be made on each Producer’s milk at least four (4) times in each six (6) month period at irregular intervals. Samples shall be analyzed at a laboratory and by a method approved by the Department.(3-15-22)

02.Procedures. Whenever the confirmatory somatic cell count indicates the presence of more than seven hundred fifty thousand (750,000) somatic cells per milliliter, (one million five hundred thousand (1,500,000) per milliliter for goat and sheep) the following procedures shall be applied:(3-15-22)

a.The producer will be notified with a warning of the excessive somatic cell count.(3-15-22)

b.Whenever two (2) of the last four (4) consecutive somatic cell counts exceed seven hundred fifty thousand (750,000) per milliliter, (one million five hundred thousand (1,500,000) per milliliter for goat and sheep) the Department shall be notified and a written warning notice given to the Producer. The notice will be in effect so long as two (2) of the last four (4) consecutive samples exceed seven hundred fifty thousand (750,000) per milliliter, (one million five hundred thousand (1,500,000) per milliliter for goat and sheep).(3-15-22)

c.An additional sample shall be taken between three (3) days and twenty one (21) days after the date of the written notice. Subsequent milkings shall be excluded from the market until the somatic cell count of the sample is less than seven hundred fifty thousand (750,000) per milliliter, (one million five hundred thousand (1,500,000) per milliliter for goat and sheep). The Producer will be fully reinstated when three (3) out of four (4) consecutive somatic cell count tests do not exceed seven hundred fifty thousand (750,000) per milliliter, (one million five hundred thousand (1,500,000) per milliliter for goat and sheep).(3-15-22)

IDAPA 02.04.05.352 Drug Residue Level

01.Dairy Plant’s Sampling and Testing Responsibilities.

All milk shipped for processing or intended to be processed on the Dairy Farm where it was produced will be sampled and tested, prior to processing, for beta lactam drug residue or other drugs as determined by the Department. Collection, handling and testing of samples shall be done according to procedures established by the Department.(3-15-22)

a.When so specified by the US. Food and Drug Administration (FDA), all milk shipped for processing, or intended to be processed on the Dairy Farm where it was produced, will be sampled and tested, prior to processing, for other drug residues under a random drug sampling program. A random drug sampling program may be conducted at a frequency determined by the Department.(3-15-22)

b.When the Commissioner of the FDA determines that a potential problem exists with an animal drug residue or other contaminant in the milk supply, a sampling and testing program will be conducted, as determined by the FDA.(3-15-22)

c.Dairy Plants shall analyze samples for beta lactams and other drug residues by methods evaluated by OMA and accepted by the FDA as effective in determining compliance with established “safe levels” or tolerances. “Safe levels” and tolerances for particular drugs are established and amended by the FDA.(3-15-22)

d.Individual Producer sampling.(3-15-22)

i.Bulk Milk. A milk sample for beta lactam drug residue testing shall be taken at each farm and will include milk from each Dairy Farm Tank.(3-15-22)

ii.Can Milk. A milk sample for beta lactam drug residue testing shall be performed separately at the receiving Dairy Plant for each can milk Producer included in a delivery, and be representative of all milk received from the Producer.(3-15-22)

iii.Producer Dairy Plant. For those Producers who also have a licensed Dairy Plant, a milk sample for beta lactam drug residue testing shall be performed on each batch of milk to be processed.(3-15-22)

e.Load sampling and testing.(3-15-22)

i.Bulk milk. A load sample shall be taken from the Transport Tank after its arrival at the Dairy Plant and prior to further commingling.(3-15-22)

ii.Can milk. A load sample representing all of the milk received on a shipment shall be formed at the plant, using a sampling procedure that includes milk from every can on the vehicle.(3-15-22)

iii.Producer Dairy Plant. A load sample shall be tested at the Dairy Plant using a sampling procedure that includes all milk produced and received.(3-15-22)

f.Sample and record retention. A load sample that tests positive for drug residue shall be retained according to guidelines established by the Department. The records of all sample test results shall be retained for a period of not less than twelve (12) months.(3-15-22)

g.Dairy Plant follow-up.(3-15-22)

i.When a load sample or individual Producer sample tests positive for drug residue, Dairy Plant personnel shall notify the Department immediately, of the positive test result and of the intended disposition of the shipment of milk containing the drug residue. All milk testing positive for drug residue shall be disposed of in a manner that removes it from the human or animal food chain, except when acceptably reconditioned under FDA compliance policy guidelines.(3-15-22)

ii.Each individual Producer sample represented in the positive-testing load sample shall be individually tested as directed by the Department to determine the Producer of the milk sample testing positive for drug residue. Identification of the Producer responsible for producing the milk testing positive for drug residue, and details of the final disposition of the shipment of milk containing the drug residue, shall be reported immediately to the Department.(3-15-22)

iii.Milk shipment from the Producer identified as the source of milk testing positive for drug residue shall cease immediately and may resume only after a sample from a subsequent milking does not test positive for drug residue.(3-15-22)

02.Department’s Monitoring and Surveillance Responsibilities. The Department will monitor the Dairy Plant’s drug residue program by conducting unannounced on-site inspections to observe testing and sampling procedures and to collect samples for comparison drug residue testing. In addition, the Department will review industry records for compliance with these rules. The review will seek to determine that:(3-15-22)

a.Each Producer is included in a routine, effective drug residue milk monitoring program utilizing FDA-approved methods to test samples for the presence of drug residue;(3-15-22)

b.The Department receives prompt notification from industry personnel of each occurrence of a sample testing positive for drug residue, and of the identity of each Producer identified as a source of milk testing positive for drug residue;(3-15-22)

c.The Department receives prompt notification from industry personnel of the intended and final disposition of milk testing positive for drug residue, and that disposal of the load is conducted in a manner that removes it from the human or animal food chain, except when acceptably reconditioned under FDA compliance policy guidelines; and(3-15-22)

d.Milk shipment from a Producer identified as a source of milk testing positive for drug residue completely and immediately ceases until a milk sample taken from the dairy herd does not test positive for drug residue.(3-15-22)

03.Enforcement. If a Producer ships milk testing positive for drug residue three (3) times within a twelve (12) month period, the Department may initiate procedures to suspend the Producer’s milk shipping privileges.

IDAPA 02.04.05.353 (Reserved)

IDAPA 02.04.05.360 Farm Requirements of Milk for Manufacturing

01.Health of Herd.

a.Tuberculin Test. Cows and goats shall be located in a Modified Accredited Area, an Accredited Free State, or an Accredited Free Herd as determined by the US. Department of Agriculture (USDA). If the animals are not located in such areas, they shall be tested annually under the jurisdiction of the aforesaid program. All additions to the herd shall be from an area or from herds meeting those same requirements.(3-15-22)

b.Brucellosis Test. The cows shall be located in States consistent with Certified-Free status, or shall be involved in a milk ring test program or state of Idaho blood testing program. All additions to the herd shall be from an area or from herds meeting these same requirements.(3-15-22)

c.Abnormal Milk. Milk from animals known to be infected with mastitis or milk containing residues of antibiotics or others drugs, or milk containing pesticides or other chemical residues in excess of the established limits shall not be sold or offered for sale for human consumption. The milk shall be disposed of in a method approved by the Department.(3-15-22)

02.Water Supply. The Dairy Farm water supply shall meet the requirements in Appendix D of the 2019 Pasteurized Milk Ordinance. A source that does not conform with the construction requirements of Appendix D, but is tested annually by an approved laboratory and found to be safe and of sanitary quality, shall be satisfactory: provided any new sources of water supply or any farm water supply requiring repairs or reconstruction or any source from which tested samples have been found unsatisfactory shall meet the construction requirements of the Department.(3-15-22)

03.Qualifications for Dairy Permit. Dairy Farm Permits require satisfactory compliance with the requirements in Section 370.(3-15-22)

IDAPA 02.04.05.361 (Reserved)

IDAPA 02.04.05.370 Dairy Farm Permit

No milk for manufacturing purposes produced on non-permi tted Dairy Farm shall be bought or sold for human consumption. Inspections shall be conducted pursuant to the construction and sanitation standards of the 2019 Pasteurized Milk Ordinance.(3-15-22)

IDAPA 02.04.05.371 (Reserved)

IDAPA 02.04.05.380 Standards for Bulk Milk Haulers

All Bulk Milk Haulers must possess a permit issued by the Department and are subject to the provision of Appendix B in the Pasteurized Milk Ordinance (PMO) and Title 37-3 and 37-4, Idaho Code.(3-15-22)

IDAPA 02.04.05.381 (Reserved)

IDAPA 02.04.05.390 Standards of Identity, Labeling, and Quality Standards for Ice Cream and

FROZEN DAIRY PRODUCTS AND DESSERTS.

01.Definitions.

The standards of identity for ice cream and frozen custards, frozen yogurt, frozen yogurt dessert mix, frozen yogurt dairy products, frozen dairy dessert, ice milk, sherbet and water ices are as defined by the Food and Drug Administration, United States Department of Health Education and Welfare, in Title 21, Part 135, of the Code of Federal Regulations.(3-15-22)

02.Labeling. Each of the products required to be labeled by Section 37-1202, Idaho Code shall also bear on each container an identifiable code identifying the lot and/or date in which the product was manufactured.

03.Quality Standards. The following quality standards must be met:(3-15-22)

a.Coliform Standard. A sample shall not exceed ten (10) coliform colonies per gram in two (2) of the last four (4) consecutive samples.(3-15-22)

b.Bacteria Standard. A sample shall not exceed twenty thousand (20,000) bacteria per gram in two (2) of the last four (4) consecutive samples. Whenever the dairy product is cultured, the bacteria test, using the standard plate count or equivalent method would not be applicable.(3-15-22)

c.Frequency of Tests. During any consecutive six (6) months, at least four (4) samples of ice cream and frozen dairy products and deserts will be collected and tested. If test results exceed the coliform or bacteria limit three (3) out of five (5) consecutive tests, the dairy product cannot be sold for human consumption. A subsequent sample must meet the quality standards before the dairy product may be sold for human consumption.(3-15-22)

04.Licensed Manufacturers. All frozen dessert mixes except nondairy frozen dessert shall be secured from a licensed manufacturer and manufactured into a semifrozen state without adulteration. Freezing device salvage shall not be reused as a mix.(3-15-22)

05.Violations. The Director will issue and enforce a written stop sale order to the owner or custodian of any quantity of frozen desserts or frozen novelties which are in violation of Title 37 Chapters 3, 5, and 12, Idaho Code, or Subchapter C of these rules. Disposition of products not in compliance will be at the discretion of the Director.(3-15-22)

IDAPA 02.04.05.391 Standards for Butter

Butter grading will be performed in accordance with the United States Standards for grades of butter as incorporated by reference. (3-15-22)

IDAPA 02.04.05.392 (Reserved)

IDAPA 02.04.05.395 New Dairy Products

01.General. U pon request of any interested person, the Director may establish a temporary definition and standard for a new dairy product provided, all the following conditions exist:(3-15-22)

a.Research in the uses of milk and the products or by products of milk has developed a new dairy product for which no definition or standard is prescribed.(3-15-22)

b.The new dairy product cannot be produced or marketed because no definition in standard is prescribed for it.(3-15-22)

c.The public interest would be served by the dairy product.(3-15-22)

d.The quality, wholesomeness and manufacturing requirements of the dairy product are at least equal to established standards for similar dairy products.(3-15-22)

e.The dairy product is labeled in accordance to guidelines for a food product and approved by the Department.(3-15-22)

02.Permits. The Director may issue a special permit to the manufacturer/distributor for the production and sale of a new dairy product(s). The fee for this permit will be twenty five dollars ($25) per dairy product. Such manufacturer/distributor is subject to the provisions of Title 37 Idaho Code and regulations adopted pursuant thereto applicable to Dairy Plants and milk products.(3-15-22)

03.Expiration. After two (2) years from the date a temporary permit has been issued for a new dairy product(s), the Department will promulgate rules to establish definitions and standards for the new, nonstandardized dairy product(s).(3-15-22)

IDAPA 02.04.05.396 (Reserved)

SUBCHAPTER D – LICENSED DAIRY PLANTS

IDAPA 02.04.05.404 Incorporation by Reference

The following document is incorporated by reference in this subchapter D only:(3-15-22) 01.

“Subpart E -- Requirements for Licensed Dairy Plants,” of the ‘Milk for Manufacturing Purposes and Its Production and Processing, Recommended Requirements’ published by USDA, AMS, Dairy Programs and made effective July 21, 2011. Copies of this document may be obtained from the Idaho State Department of Agriculture or accessed online at https://www.ams.usda.gov/sites/default/files/media/ Milk%20for%20Manufacturing%20Purposes%20and%20its%20Production%20and%20Processing.pdf.(3-15-22)

IDAPA 02.04.05.405 (Reserved)

02.02.14 Rules for Weights and Measures

IDAPA 02.02.14.000 Legal Authority

Sections 7 1-111, 71-121, 71-232, 71-233, 71-236, 71-241, and 71-408, Idaho Code.(7-1-26)

IDAPA 02.02.14.001 Scope

This chapter has the following scope: to govern the checking, testing, and examination of weighing and measuring devices, packages and labels; to govern consumer and non-consumer packaging and labeling; to govern the registration of servicemen and service agencies for commercial weighing and measuring devices; to govern the licensing of weighmasters, and to govern the licensing of commercially used weighing and measuring devices and to set maximum annual license fees for weighing and measuring devices.(7-1-26)

IDAPA 02.02.14.002 (Reserved)

IDAPA 02.02.14.004 Incorporation by Reference

01.Required Reference Materials. The 202 5 edition of Handbook No. 130 of the National Institute of Standards and Technology, United States Department of Commerce, “Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices,” (Published December, 2024) hereby incorporated by reference, is the specifications, tolerances and other technical requirements for commercial weighing and measuring devices, unless otherwise stated in these rules.(7-1-26)

02.Required Reference Materials for Checking Prepackaged Commodities. The 2025 edition of Handbook No. 133 of the National Institute of Standards and Technology, United States Department of Commerce, “Checking the Net Contents of Packaged Goods,” (Published January 10, 2025) hereby incorporated by reference, is the authority in checking packaged commodities, unless otherwise stated in these rules.(7-1-26)

IDAPA 02.02.14.005 Diesel, Biodiesel, and Gasoline Standards

Per Section 37 -2506, Idaho Code, the latest specifications adopted by the American Society for Testing and Materials is the required standard for all diesel, biodiesel, and gasoline fuels. The standards can be accessed at https:// www.astm.org/products-services/standards-and-publications/standards/petroleum-standards.html.(7-1-25)

IDAPA 02.02.14.006 (Reserved)

IDAPA 02.02.14.012 License Required for Commercially-Used Weighing or Measuring

INSTRUMENT OR DEVICE.

Weighing or measuring instruments or devices used for commercial purposes in the State of Idaho must be licensed annually.(3-15-22)

01.Annual License. No person may operate or use for commercial purposes within the state any weighing or measuring instrument or device specified in Section 71-113, Idaho Code, that is not licensed in accordance with this rule.(7-1-26)

02.Specific Device. Any license issued applies only to the instrument or device identified by Device Code, as listed in TABLE 1-A, and rated capacity on the application for license. The license is applicable to an equivalent replacement for the original instrument or device, within the annual license period.(3-15-22)

IDAPA 02.02.14.013 License Application

License application must be submitted on forms provided by Idaho State Department of Agriculture (ISDA) and accompanied with the proper fee as established in this rule. The capacity of an instrument or device will be determined by the manufacturer’s rated capacity.(7-1-26)

IDAPA 02.02.14.014 Annual License Period

Annual license applications and fees are due February 1 of each year and all licenses expire on January 31 of the following year.(3-15-22)

IDAPA 02.02.14.015 License Renewals

Any device or instrument will be considered rejected if the license for that device or instrum ent is not renewed thirty (30) days after expiration. A person failing to pay the annual license fee after forty-five (45) days following the expiration date, forfeits the right to use the instrument or device for commercial purposes, and the instrument or device may be taken out of service by the ISDA Bureau of Weights and Measures (Bureau) until the license fee is paid.(7-1-26)

IDAPA 02.02.14.016 Maximum and Minimum License Fee Schedule for Commercially-Used

WEIGHING AND MEASURING INSTRUMENTS AND DEVICES.

The annual license fee for instruments and devices is based o n manufacturer’s rated capacity. The minimum annual license fee for commercially used instrument and device types is twelve dollars ($12) when licensing a single device.

(3-15-22)

IDAPA 02.02.14.017 Voluntary Inspection of Weighing and Measuring Instruments and

DEVIC

ES, FEES.

In addition to commercially used weighing and measuring instrum ents and devices, the Bureau, at the request of an owner or user thereof, may inspect and test non-commercial weighing or measuring instruments or devices to ascertain if they are correct. Any entity making such special request must pay the Bureau the cost of the inspection as listed in Section 100.(7-1-26)

IDAPA 02.02.14.018 License Displayed

Any owner or user of commercially used weighing and measuring instruments and devices must display the current annual license for those ins truments and devices in a prominent place at the same physical location where those devices are installed or used. In the case of devices installed on vehicles, the license must be carried in the vehicle on which the device is installed.(3-15-22)

IDAPA 02.02.14.019 (Reserved)

IDAPA 02.02.14.100 Charges for Special Request Testing or Examination

01.Mileage Charges.(3-15-22)

a.Current state mileage rate for car travel.(7-1-26)

TABLE 1-A

DEVICE CODEKEY

FEE (Not to Exceed)

AScales  50 lb$6.00 BScales  50  1,159 lb$12.00 CScales  1,160  7,499 lb$24.00 DScales  7,500  59,999 lb$100.00 E & FScales 60,000 lbs or more$100.00 GMotor-fuel device  20 gpm$6.00 HMeter  30  150 gpm$33.00 IMeter  150 gpm$40.00 JLPG dispenser$40.00 K & LLPG temperature compensated$60.00 MCordage or Fabric meters$5.00 NNatural gas motor fuel devices$60.00 OBulk oil meter$35.00 P Meter  20  30 gpm or fuel additive metering devices $10.00

b.Seventy-five cents ($.75) a mile for pickup and prover.(3-15-22)

c.Two dollars and fifty cents ($2.50) a mile for heavy capacity scale trucks.(3-15-22)

02.Fee Collection. Such fees will be collected from place where working and back. Where more than one (1) request is to be handled on same trip, the mileage will be prorated between the parties requesting the service.

(3-15-22)

03.Personnel Charges. There will also be an hourly personnel charge of thirty dollars ($30) per hour per person for special request testing, chargeable during the time of the actual testing and examination of devices and for driving time.(3-15-22)

IDAPA 02.02.14.101 (Reserved)

02.01.07 Rules Governing Hemp

IDAPA 02.01.07.000 Legal Authority

This chapter is adopted under the legal authority of Sectio ns 22-1702, 22-1703, 22-1704, 22-1705, and 22-1706, Idaho Code.(3-15-22)

IDAPA 02.01.07.001 Scope

These rules govern the licensing, production, handling, and research of hemp.(3-15-22)

IDAPA 02.01.07.002 Incorporation by Reference

01.Domestic Hemp Production Program. 7 CFR Part 990.

02.USDA Final Hemp Rule. 86 FR 5596. https://www.govinfo.gov/content/pkg/FR-2021-01-19/pdf/ 2021-00967.pdf.(3-15-22)

IDAPA 02.01.07.003 (Reserved)

IDAPA 02.01.07.010 Definitions

In addition to the definitions in 7 CFR Part 990, the USDA Final Hemp Rule, and Section 22-1703, Idaho Code, the following definitions apply to the interpretation and enforcement of these rules:(3-15-22)

1. Accepted Laboratory. A laboratory capable of testing pursuant to rule requirements and which is a state department of agriculture laboratory or a laboratory accredited in accordance with International Organization for Standardization ISO/IEC 17025:2017 and capable of THC quantitation by gas chromatography-mass spectrometry or high-pressure liquid chromatography. The Idaho State Police Forensic Laboratory is excluded from this definition.

After December 31, 2022, accepted laboratories also must be registered with the U.S. Drug Enforcement Agency under the Controlled Substances Act, 21 CFR part 1301.13.(3-15-22)

2. Acceptable Hemp THC Level. The total delta-9 tetrahydrocannabinol content of hemp on a dry weight basis, that, when reported with the measurement of uncertainty, produces a range that includes a result of three-tenths percent (0.3%) total tetrahydrocannabinol or less, as defined in the 2018 Farm Bill.(3-15-22)

3. Department. The Idaho State Department of Agriculture.(3-15-22)

4. Entity. A corporation, general partnership, joint stock company, association, limited partnership, limited liability partnership, limited liability company, series limited liability company, irrevocable trust, estate, charitable organization, other similar organization, or an institution of higher education.(3-15-22)

05.Harvest. To cut, gather, take, or remove all or part of hemp plants growing in a lot for the purpose of distribution, disposal, cloning, handling, sale, or any other use.(3-15-22)

06.Key Participant. A person who has direct or indirect financial interest in the entity producing hemp, such as an owner or partner in a partnership. A key participant also includes persons in a corporate entity at executive levels.(3-15-22)

7. License. A hemp producer or hemp handler license issued by the Department.(3-15-22)

8. Lot. A contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of hemp throughout.(3-15-22)

9. Measurement of Uncertainty. The parameter, associated with the result of a measurement, that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.(3-15-22)

10. Producer. A producer includes an owner, operator, landlord, or tenant who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm or facility, or would have shared had the crop been produced. A producer includes a grower of seed.(3-15-22)

11. Total THC. The sum of tetrahydrocannabinolic acid and delta-9 tetrahydrocannabinol.(3-15-22)

IDAPA 02.01.07.011 Abbreviations

01.USDA. The U.S. Department of Agriculture.(3-15-22)

02.THC. Tetrahydrocannabinol.(3-15-22)

03.FSA. The U.S. Department of Agriculture Farm Service Agency.(3-15-22)

IDAPA 02.01.07.012 (Reserved)

IDAPA 02.01.07.200 Department Information

01.Department Reporting.

The Department will provide to USDA all hemp information required by federal regulation including a hemp producer report, a hemp disposal report, and an annual state report pursuant to deadlines established by USDA.(3-15-22)

IDAPA 02.01.07.201 (Reserved)

IDAPA 02.01.07.300 Licenses

01.Requirement.

Any person or entity shall have an active hemp license from the Department for planting, propagating, producing, handling, or processing hemp in Idaho.(3-15-22)

02.Application. An applicant for a producer or handler license must apply on a form prescribed by the Department.(3-15-22)

a.An applicant and any key participants must include in the application a criminal history report conducted as a fingerprint background check by the Idaho State Police or Federal Bureau of Investigation completed no more than sixty (60) days before the application submission.(3-15-22)

03.Annual Application Period and Fees. The application period is September 1 through December 31 of each year for the next calendar year, or a late fee of two hundred fifty dollars ($250) applies to each late application. Applications must be complete and include a nonrefundable application fee according to Subsection 301.01 of this rule.(3-15-22)

04.Application Approval. An applicant will be notified when the application has been approved or denied. Upon notification of approval of a license application, the applicant must remit to the Department the appropriate license fees according to Subsection 301.01 of this rule. Upon receipt of payment of the license fee, the license will be issued.(3-15-22)

05.License Not Transferable. All licenses are non-transferable.(3-15-22)

06.Producer License. A producer license authorizes a person or entity to obtain and possess hemp seed for planting; to cultivate and harvest hemp; to transport their own hemp crop; to dispose of or remediate their own hemp; as well as possess and market plant parts.(3-15-22)

07.Handler License. A handler license authorizes a person or entity to obtain and possess hemp, including seed, for processing but not intended for the license holder’s own cultivation.(3-15-22)

08.Ineligibility. No license will be issued to an ineligible person or entity.(3-15-22)

a.A person who has had a hemp license revoked by the Department, USDA, another state, Indian nation, or U.S. territory is ineligible to apply for participation in the hemp program for a period of five (5) years from the date of revocation.(3-15-22)

b.A person who has been convicted of a felony relating to a controlled substance under federal law or the law of any state may not, before the tenth anniversary of the date of the conviction, hold a license, or be a key participant, or be a governing person of a business entity that holds a license unless the person was lawfully growing hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before December 20, 2018.(3-15-22)

c.A person who materially falsifies any information contained in a license application to the Department, or submitted an application to the Department, USDA, another state, Indian nation, or U.S. territory with any materially false statements or misrepresentations is ineligible for a license.(3-15-22)

d.A person under the age of eighteen (18) years of age at the time the application is submitted to the Department is ineligible for a license.(3-15-22)

e.A person or entity with three (3) negligent violations in a five (5) year period is ineligible to produce hemp for a period of five (5) years from the date of the third violation.(3-15-22)

09.License Expiration. A license is valid from January 1 until December 31 of each year, except for a license issued as a result of a late application which is valid from date of issuance until December 31 of that year.

10.License Amendment. Any change to the required information on an approved license requires a licensee to submit a license amendment on a form prescribed by the Department within ten (10) business days of the change. Changes may be subject to Subsection 301.01 of this rule.(3-15-22)

11.Additional Responsibilities. A license holder must notify the Department of any theft of hemp materials, whether growing or not, within forty-eight (48) hours of discovery.(3-15-22)

12.Suspension. A hemp license may be suspended when a licensee has engaged in conduct violating hemp law or rule, or when a licensee failed to comply with a written order related to a negligent violation. (3-15-22)

a.A suspended license may be restored after a waiting period of one (1) year.(3-15-22)

b.Any person or entity whose license has been suspended may be required to comply with a corrective action plan to fully restore the license.(3-15-22)

13.Revocation. A hemp license will be revoked if the licensee:(3-15-22)

a.Pleads guilty to, or is convicted of, any felony related to a controlled substance; or(3-15-22)

b.Made any materially false statement with regard to this rule to the Department with a culpable mental state greater than negligence; or(3-15-22)

c. Was found to be growing cannabis exceeding the acceptable hemp THC level with a culpable mental state greater than negligence; or(3-15-22)

d. Negligently violated law or rule three (3) times in five (5) years.(3-15-22)

14. No License For Official Duties. Department employees and law enforcement are not required to have a license for handling hemp in performance of official duties.(3-15-22)

IDAPA 02.01.07.301 Fees

01.Licensing and Inspection Fees. Hemp program fees are as follows:(3-15-22)

Fee TypeGrowerHandler Annual application $100$100 Annual license $500$1,000

a.Applicants seeking to produce and handle hemp require both license types. The annual application fee is charged only for the first license type.(3-15-22)

02.Other Costs. Licensees pay the costs of background checks and required testing directly to the entity providing the service.(3-15-22)

IDAPA 02.01.07.302 (Reserved)

IDAPA 02.01.07.400 Producer Records

01.Producer Records.

Producers shall maintain the following records for three (3) years and make them available during normal business hours for the Department to review at the location where hemp is being grown:(3-15-22)

a.All documents related to the information required in the license application;(3-15-22)

b.Source of hemp seed;(3-15-22)

c.Total acreage of industrial hemp planted, harvested, and disposed;(3-15-22)

d.Record of all handlers sold to and quantities sold to each entity;(3-15-22)

e.Variety and strain for each lot;(3-15-22)

f.All records, documents, and forms regarding the disposal or remediation of hemp;(3-15-22)

g.Copies of all records submitted to the Department, USDA, or law enforcement related to hemp, as well as any supporting documentation.(3-15-22)

02.Submission of Information to USDA. All license holders shall report to their local USDA FSA office consistent with USDA requirements.(3-15-22)

IDAPA 02.01.07.401 (Reserved)

IDAPA 02.01.07.500 Inspection of Producers

01.Verification. Inspections may be scheduled by the Department to verify information provided by the licensee. Any growing sites that do not conform to the license must be destroyed or the license must be amended.

02.Access. The Department shall have access to hemp sites and may enter property where hemp is planted, stored, propagated, produced, or handled for the purpose of inspections, sample collections, testing, or investigation pursuant to Idaho Code and this rule.(3-15-22)

Modification to application information $250$500 Producer pre-harvest inspection and other inspections $250/lot + $35/hour for travel to site + actual costs for shipping samples Handler annual site inspection and other inspections $500/site + $35/hour for travel to site Fee TypeGrowerHandler

03.Harvest Notification. A producer license holder must submit a sample request form to the Department at least thirty-five (35) days prior to the expected harvest date.(3-15-22)

04.Procedure. The sampling procedure is determined by the Department's Sampling Protocol.

Inspections and sampling are subject to Subsection 301.01 of this rule.(3-15-22)

05.Inspection and Sampling. ISDA will conduct inspections and collect samples of each lot not more than thirty (30) days before the hemp is harvested. The industrial hemp may be harvested only after the official sample is collected. The producer licensee or a key participant must be present at the inspection.(3-15-22)

06.Harvest. The license holder will harvest the crop no more than thirty (30) days following the date of sample collection by the Department.(3-15-22)

a.If the licensee fails to complete harvest within thirty (30) days of sample collection, secondary samples of each lot to be harvested must be collected by the Department and submitted for testing.(3-15-22)

i.The license holder must notify the Department of a delay in harvesting by submitting a request form for subsequent sample collection from each lot to be harvested. Additional sampling is subject to Subsection 301.01 of this rule.(3-15-22)

07.Lots Not Commingled. Harvested hemp lots may not be commingled with hemp from other harvested lots or other material.(3-15-22)

08.Movement. No hemp may leave the control of the producer licensee until the licensee receives notification from the Department that the lot complies with this rule.(3-15-22)

IDAPA 02.01.07.501 Transplanting

01.Transplanting.

To transplant hemp, a producer licensee must submit transplant information with his or her license application or submit a lot change request on a form provided by the agency.(3-15-22)

02.Lots Not Divided. No licensee will divide a lot from the initial area of cultivation for transplant into more than one transplantation area for on-farm production.(3-15-22)

03.Transplant Sales. Selling hemp transplants for wholesale or retail requires a producer license and a handler license.(3-15-22)

IDAPA 02.01.07.502 (Reserved)

IDAPA 02.01.07.600 Inspection of Handlers

01.Handler Inspection.

The Department will inspect all handler locations annually. The licensee or a key participant must be present at the scheduled inspection. The Department may perform random inspections during normal business hours. A sample may be pulled at an inspection. Scheduled handler inspections are subject to Subsection 301.01 of this rule.(3-15-22)

02.Handler Duties.(3-15-22)

a.The licensee may not acquire or accept hemp from any source other than a person licensed by the Department, the USDA, or a state or tribe with a hemp plan approved by USDA.(3-15-22)

b.Licensed handlers shall not sell, offer, or transfer within Idaho any hemp products not in compliance with Section 37-2701, Idaho Code.(3-15-22)

03.Handler Records. Handlers shall maintain the following records for three (3) years and make them available during normal business hours for the Department to review at the facility where hemp is being handled;

a.Records of all hemp crop acquisitions with the corresponding producer name, producer address, copy of producer license number, quantity purchased, and transaction date;(3-15-22)

b.Records of all unprocessed hemp sold including name, address, and license number of the person or entity to whom the product was sold in addition to the quantity sold and transaction date;(3-15-22)

c.Records of hemp products made by licensee including description of each type of product, quantity sold, and date of distribution; and(3-15-22)

d.All records regarding the disposal of products exceeding the acceptable hemp THC level.(3-15-22)

IDAPA 02.01.07.601 (Reserved)

IDAPA 02.01.07.700 Samples and Testing

01.Sampling Protocol.

Sampling will be conducted according to the Department’s Sampling Protocol. The Department will send samples to an accepted laboratory selected by the license holder at the time of sampling. The licensee bears the full cost of laboratory testing.(3-15-22)

02.Laboratory Testing. An accepted laboratory must use appropriate and validated methods and procedures for all testing activities and evaluate the measurement of uncertainty. Samples must be tested using postdecarboxylation or a similarly reliable method by which the total THC concentration level reported accounts for the conversion of THCA into THC. An accepted laboratory will analyze regulatory samples according to the Department’s Testing Protocol and the following steps:(3-15-22)

a.Maintain the chain of custody of each sample;(3-15-22)

b.Retain the sample for a minimum of thirty (30) business days from the sample submission date;

c.Not commingle hemp from one (1) lot with hemp from any other lot;(3-15-22)

d.Send the test results of official samples to the Department, license holder and USDA no later than the fifteenth business day from the sample submission date; and(3-15-22)

e.Determine and report total delta-9 THC concentration level on a dry weight basis, and the measurement of uncertainty must be estimated and reported with the test results.(3-15-22)

03.Test Results. Any test result of a sample showing, with acceptable quality control passing, that the total THC content of the sample exceeds the acceptable hemp THC level shall be conclusive evidence that hemp from the lot represented by the sample contains a THC concentration in excess of that allowed.(3-15-22)

a.If the results of a test conclude that the THC levels of a sample exceeds the acceptable hemp THC level, the laboratory will promptly notify the producer, the Department, and the USDA.(3-15-22)

04.Holding for Test Results. No hemp may be transferred or enter the stream of commerce until the license holder is notified that the hemp lot sampled and tested is compliant with an acceptable THC level when the application of the measurement of uncertainty is applied.(3-15-22)

05.Retesting. A license holder may request a retest of the original sample within five (5) days from the date the license holder receives the results of the first test.(3-15-22)

a.Retests must be performed by the laboratory that conducted the initial test.(3-15-22)

b.The laboratory must use the original sample used in the first test for the retest.(3-15-22)

c.The results of the retest are final.(3-15-22)

IDAPA 02.01.07.701 (Reserved)

IDAPA 02.01.07.800 Disposal

01.Hemp Above the Acceptable Hemp THC Level. No more than five (5) calendar days after notification that material from a hemp lot has tested above the acceptable THC level, the licensee must notify the Department of the licensee’s decision to either destroy or remediate the entire non-compliant hemp lot and by which method according to the Department’s Disposal and Remediation Protocol.(3-15-22)

02.Disposal. The licensee must dispose of non-compliant hemp with chemical or mechanical destruction to render the material non-retrievable, non-ingestible, and unfit to enter the stream of commerce.

03.Remediation. Lots may be remediated according to the Department’s Disposal and Remediation Protocol.(3-15-22)

a.Remediated hemp will be resampled and retested according to Subsection 500.04 and Section 700 of this rule. Remediated hemp that fails the re-test must be destroyed and is not eligible for additional remediation efforts.(3-15-22)

04.Verification. The Department must inspect and document disposal or remediation of noncompliant hemp.(3-15-22)

05.Other Hemp Disposal. Disposal is required for the any of the following;(3-15-22)

a.Hemp plants located in an area that is not licensed,(3-15-22)

b.Hemp plants not accounted for in required reporting, or(3-15-22)

c.Hemp lots that have been destroyed due to pests, weeds, disease, poor stand, natural disaster, or a weather event such as a flood or hail.(3-15-22)

06.Reporting. All hemp disposed of, for any reason, must be reported to and verified by the Department and may be subject to Subsection 301.01 of this rule.(3-15-22)

07.Costs. All costs for disposal, remediation, and related activities will be paid by the license holder or land owner.(3-15-22)

08.USDA Notification. The Department will provide to USDA information about non-compliant plants, sites, and related test results.(3-15-22)

IDAPA 02.01.07.801 (Reserved)

IDAPA 02.01.07.900 Violations

01.Negligent Acts. Negligent acts include:(3-15-22)

a.Failure to provide an accurate legal description of land where hemp is produced;(3-15-22)

b.Failure to obtain a license; or(3-15-22)

c.Production of hemp exceeding the acceptable THC level.(3-15-22)

02.License holders shall not be subject to more than one (1) negligent violation per calendar year.(3-15-22)

03.Corrective Actions. Upon any determination that a negligent act related to the growth or handling of hemp has occurred, the Department will institute a corrective action plan which must include:(3-15-22)

a.A reasonable date to correct the negligent act; and(3-15-22)

b.A requirement to periodically report to the Department regarding compliance with the corrective action plan for a period of not less than two (2) consecutive calendar years.(3-15-22)

4. Agency Inspection. The Department will conduct inspections to determine if the corrective action plan was implemented.(3-15-22)

5. Not Subject to Criminal Enforcement. As a result of a negligent violation, a licensee is not subject to criminal enforcement action.(3-15-22)

6. Non-negligent Violations. Violations with a culpable mental state greater than negligence, including knowingly growing hemp containing a delta-9-THC concentration that exceeds three-tenths percent (0.3%) on a dry weight basis will be reported by the Department to the Idaho State Police and the U.S. Attorney General.

07.Penalties and Procedure. Penalties, including license suspension or revocation, and due process procedures are governed under Section 22-1705(5), Idaho Code, and the Idaho Administrative Procedure Act, Chapter 52, Title 67, Idaho Code.(3-15-22)

IDAPA 02.01.07.901 (Reserved)

02.04.32 Rules Governing Poultry Operations

IDAPA 02.04.32.000 Legal Authority

Section 25-4012, Idaho Code.(7-1-24)

IDAPA 02.04.32.001 Scope

These rules govern the management practices of waste system s on poultry concentrated animal feeding operations.

IDAPA 02.04.32.002 (Reserved)

IDAPA 02.04.32.004 Incorporation by Reference

The following document is incorporated by refe rence and a copy of this document may be obtained from the Idaho State Department of Agriculture central office.(7-1-24)

01.Nutrient Management Standard (NMS). The June 2007 publication by the United States Department of Agriculture (USDA) Idaho Natural Resources Conservation Service (NRCS) Idaho Conservation Practice Standard, Nutrient Management Code 590. This document can be viewed online at https://agri.idaho.gov/ main/wp-content/uploads/2017/10/june_2007_NRCS_590.pdf.(7-1-24)

IDAPA 02.04.32.005 (Reserved)

IDAPA 02.04.32.010 Definitions

The following definitions apply:(7-1-24)

1. Discharge. Release of process wastewater or manure from a poultry animal feeding operation, including its land application area, to waters of the state or beyond the poultry facility’s property boundaries or beyond the property boundary of any facility. Contract manure haulers, producers and other persons who haul manure beyond the operator’s property boundaries are responsible for releases of manure between the property boundaries of the operator and the property boundaries at the point of application. A discharge does not include aerosolized matter, or manure that has been reasonably incorporated on the land application area.(7-1-24)

02.Runoff. Any precipitation that comes into contact with manure, compost, bedding, or feed on a poultry feeding operation and flows off the production area or flows off land application areas where the manure, compost, bedding, or feed has not been reasonably incorporated into the soil.(7-1-24)

IDAPA 02.04.32.011 Abbreviations

01.AFO. Animal Feeding Operation.(7-1-24)

02.CAFO. Concentrated Animal Feeding Operation.(7-1-24)

03.NMP. Nutrient Management Plan.(7-1-24)

04.NRCS. United States Department of Agriculture, Natural Resources Conservation Service.

05.USGS. United States Geological Survey.(7-1-24)

IDAPA 02.04.32.012 (Reserved)

IDAPA 02.04.32.110 Permit Application

01.Contents of Application. Poul try CAFO permit applications must include all required information and be submitted on a form approved by the Administrator.(7-1-24)

02.Nutrient Management Plan. Permit applications must include an NMP that was prepared in conformance with IDAPA 02.04.30, “Rules Governing Environmental and Nutrient Management,” and approved by the Department.(7-1-24)

03.Wastewater Storage and Containment Facilities. For a poultry CAFO permit to be granted or renewed, all permitted facilities shall have a wastewater storage and containment facility included in the NMP that are designed, constructed, operated, and maintained pursuant to IDAPA 02.04.30, “Rules Governing Environmental and Nutrient Management.”(7-1-24)

IDAPA 02.04.32.111 (Reserved)

IDAPA 02.04.32.130 Permit Conditions

The following conditions will apply to all permittees:(7-1-24)

01.Maintenance of the Facility. The permittee must ensure that maintenance of the facility is according to the approved NMP, and comply with the following:(7-1-24)

a.Provisions of approved NMPs must be adhered to and amended in accordance with IDAPA 02.04.30.000 et seq. “Rules Governing Environmental and Nutrient Management.”(7-1-24)

02.Construction Commencement. If a permittee fails to begin construction or expansion of a facility within five (5) years of the effective date of the permit, the director may void the permit and require a new permit application.(7-1-24)

03.Permit Renewal. If a permittee intends to continue operation of the permitted facility after expiration of an existing permit, the permittee must apply for a new permit at least one hundred eighty (180) days prior to the expiration of the permit.(7-1-24)

IDAPA 02.04.32.131 (Reserved)

IDAPA 02.04.32.140 Fees and Assessments

01.Annual Fees or Assessments.

The director may establish annual fees or assessments for each permittee of no more than three cents ($0.03) per square foot of containment area.(7-1-24)

02.Payment of Annual Fees or Assessments. Annual fees or assessments are due annually by January 20th of the next calendar year.(7-1-24)

IDAPA 02.04.32.141 (Reserved)

IDAPA 02.04.32.150 Permit Modification

01.Modifications.

Permit modifications that are not limited to the correction of errors, transfer of ownership or operational control, or minor changes in operational conditions that do not affect state water resources, must be submitted to the Department as a new permit application.(7-1-24)

IDAPA 02.04.32.151 (Reserved)

IDAPA 02.04.32.160 Transfer of Permits

01.Transfer Application.

A new owner or operator of a facility must submit a transfer application to the Department on an approved form that includes all required information and any change of conditions at the facility resulting from the permit transfer.(7-1-24)

02.Transfer Application Review. If the transfer application is denied, the applicant will be provided specific reasons for the denial, the steps necessary to meet the requirements for a permit transfer, and the opportunity to request a hearing.(7-1-24)

IDAPA 02.04.32.161 (Reserved)

IDAPA 02.04.32.200 Waste Storage and Containment Facilities

Construction, operation, and maintenance shall be in accordance with IDAPA 02.04.30, “Rules Governing Environmental and Nutrient Management.”(7-1-24)

IDAPA 02.04.32.201 (Reserved)

IDAPA 02.04.32.250 Nutrient Management

01.Designated Poultry CAFOs.

Any poultry AFO which is designated as a CAFO by the Department in accordance with Section 400 must submit an NMP within forty-five (45) days of designation.(7-1-24)

IDAPA 02.04.32.251 Nutrient Management Plan Retention

All NMP records must be maintained by the CAFO permittee for a minimum of five (5) years and made available to the Department upon request.(7-1-24)

IDAPA 02.04.32.252 (Reserved)

IDAPA 02.04.32.260 Ground Water Quality Monitoring

At least annually, the department will sample and test the facility’s production well water for nitrogen.(7-1-24)

IDAPA 02.04.32.261 (Reserved)

IDAPA 02.04.32.300 Prohibited Discharges

Discharges or unauthorized discharges of m anure or process wastewater from poultry CAFO or land application sites owned or controlled by a poultry CAFO are prohibited.(7-1-24)

IDAPA 02.04.32.301 (Reserved)

IDAPA 02.04.32.310 Notification of Discharge

Within twenty-four (24) hours of learning of a discharge, th e operator of a poultry CAFO must notify the Department.

IDAPA 02.04.32.311 (Reserved)

02.06.05 Rules Governing Plant Disease and Quarantines

IDAPA 02.06.05.000 Legal Authority

Sections 22-2004, and 22-2006, Idaho Code.(4-6-23)

IDAPA 02.06.05.001 Scope

This rule establishes regulated pests, regulated products, regulated articles, control areas, quarantine areas and special permits for certain crops to prevent the spread of plant disease and pests. This rule will provide regional consistency for plant pest quarantines.(4-6-23)

IDAPA 02.06.05.002 (Reserved)

IDAPA 02.06.05.010 Definitions

The definitions set forth in Section 22-2005, Idaho Code, apply in the interpretation and enforcement of this rule.

SUBCHAPTER A – DISEASES OF HOPS

IDAPA 02.06.05.011 (Reserved)

IDAPA 02.06.05.112 Regulated Pests

01.Verticillium Wilt. Pl ant Material infected with the disease caused by the fungus Verticillium nonalfalfae (formerly known as Verticillium albo-atrum Reinke and Berth) and any species or strains of the genus Verticillium pathogenic to hops.(4-6-23)

02.Powdery Mildew. Plant Material infected with the disease caused by the fungus Podosphaera macularis (Wallr. Fr.), synonyms Sphaerotheca macularis (Wallr. Fr.) Lind and Sphaerotheca humuli (Burril) Lind.

03.Hop Stunt Viroid. Plant Material infected with the disease caused by the viroid Hostuviroid hop stunt viroid and all strains and genetic variants associated with the genus.(4-6-23)

04.Ilarvirus Species. Plant Material infected with the disease caused by virus species within the Genus Ilarvis, including but not limited to Apple Mosaic Virus and Prunus Necrotic Ringspot Virus.(4-6-23)

IDAPA 02.06.05.113 (Reserved)

IDAPA 02.06.05.120 Regulated Articles

01.Plant Material.

Plants and all plant parts of hops, except kiln dried cones.(4-6-23)

IDAPA 02.06.05.121 (Reserved)

IDAPA 02.06.05.130 Quarantine Area

All areas outside of the territo rial borders of Idaho, Oregon, and Washington.(4-6-23)

IDAPA 02.06.05.131 (Reserved)

IDAPA 02.06.05.140 Restrictions on Import

No person may import restricted articles from the quarantined area into Idaho unless the person importing the regulated articles first obtains a special permit from the department as set forth in Section 160.(4-6-23)

IDAPA 02.06.05.141 (Reserved)

IDAPA 02.06.05.160 Special Permits

Any person(s) or agencies wishing to import covered commodities from the quarantine area must apply in writing for a special permit as authorized by the department.(4-6-23)

01.Application. Application for special permits must list the prospective buyer and seller; the number, and origin of stock; location of proposed planting site; and any other relevant information.(4-6-23)

02.Conditions. Special permits, when granted, may include such conditions as may be necessary to prevent disease establishment. All permitted material must be found free from regulated pests by a federal, state, or university laboratory.(4-6-23)

IDAPA 02.06.05.161 (Reserved)

SUBCHAPTER B – WHITE ROT DISEASE OF ONION

IDAPA 02.06.05.212 Regulated Pest

Onion white rot (Scler otium cepivorum).(4-6-23)

IDAPA 02.06.05.213 (Reserved)

IDAPA 02.06.05.220 Designated Counties

Ada, Bingham, Blaine, Boise, Bonneville, Canyon, Cassia, El more, Gem, Gooding, Jefferson, Jerome, Lincoln, Madison, Minidoka, Owyhee, Payette, Power, Twin Falls, and Washington Counties, state of Idaho.(4-6-23)

IDAPA 02.06.05.221 (Reserved)

IDAPA 02.06.05.230 Regulated Products

Bulbs, sets, or seedlings of onion, garlic, leek, chive, shallot or other Allium species, including all ornamental Allium species, for planting purposes.(4-6-23)

IDAPA 02.06.05.231 (Reserved)

IDAPA 02.06.05.250 Rules Governing Shipments

01.Shipment for Planting Purposes.

No person may import into the designated counties bulbs, sets or seedlings of onion, garlic, leek, chives, shallots or other Allium species, including ornamentals, for planting purposes except as provided in Subsections 250.02 through 250.04.(4-6-23)

02.Designated Counties. Allium production within the designated counties shall be limited to production from seed, or from vegetative propagative material produced from seed within the designated counties.

Bulbs, sets or seedlings of Allium species produced within the designated counties then exported from the designated counties for processing or other purposes cannot be returned to the designated counties for planting purposes.

03.Vegetative Propagative Material. Vegetative propagative material, produced under aseptic conditions or field inspected annually by the Department during active growth, may be brought into the designated counties if an exemption is granted by the Department.(4-6-23)

04.Allium Exemption. Bulbs, sets, or seedlings of Allium species, for planting purposes, produced in Malheur County, Oregon, and regulated by similar rules are exempt from the restrictions of Subsection 250.01.

IDAPA 02.06.05.251 (Reserved)

SUBCHAPTER C – APPLE AND CHERRY PESTS

IDAPA 02.06.05.310 Definitions

The definitions found in section 310 apply to the interpretation and enforcement of Subchapter C only:(4-6-23) 01.

Commercial Fruit. Fruit harvested from a commercial orchard and destined to a commercial processing plant, packing plant, or for retail or wholesale sales.(4-6-23)

02.Commercial Orchard. An orchard in which fruit is grown for commercial purposes under accepted industry, university agricultural extension service, and regulatory guidelines.(4-6-23)

03.Graded Culls. Apples that have failed to meet industry quality standards for fresh markets, yet meet industry quality standards for processing purposes.(4-6-23)

04.Infested Area. An area where a regulated pest is known to be present and is capable of reproducing and maintaining a viable population.(4-6-23)

05.Threatened with Infestation. The entire commercial orchard is threatened with infestation when an outside boundary is within one-half (1/2) mile of an established regulated pest even if a portion of the commercial orchard is beyond one-half (1/2) mile of an established regulated pest.(4-6-23)

IDAPA 02.06.05.311 (Reserved)

IDAPA 02.06.05.320 Regulated Pests

01.Apple Maggot. (Rhag oletis pomonella).(4-6-23)

02.Plum Curculio. (Conotrachelus nenuphar (Coleoptera: Curculionidae)).(4-6-23)

IDAPA 02.06.05.321 Regulated Articles

All commercially packed fresh frui t of apple (including crabapple), cherry, hawthorn (haw), pear, plum, prune, and quince.(4-6-23)

IDAPA 02.06.05.322 (Reserved)

IDAPA 02.06.05.330 Regulated Areas

01.Non-Infested Areas -- Within Idaho.

Any commercial orchard surveyed for verification of pest freedom and found negative. (4-6-23)

IDAPA 02.06.05.331 (Reserved)

IDAPA 02.06.05.340 Restrictions

Any shipment of regulated articles shall be free from infestation of regulated pests.(4-6-23)

IDAPA 02.06.05.341 (Reserved)

SUBCHAPTER D – PEACH TREE DISEASES

IDAPA 02.06.05.512 Regulated Pests

The viral diseases known as Peach Yellows, Peach Rosette, and Little Peach.(4-6-23)

IDAPA 02.06.05.513 (Reserved)

IDAPA 02.06.05.520 Area Under Quarantine

All states or foreign countries or portion thereof where Peach Yellows is known to occur.(4-6-23)

IDAPA 02.06.05.521 (Reserved)

IDAPA 02.06.05.525 Regulated Articles

All trees, cuttings, grafts, scions, or buds of all Prunus species and varieties including the flowering forms of peach, nectarine, apricot, almond, plum, and prune, and any trees budded or grafted on peach stock or peach roots, coming from a regulated area.(4-6-23)

IDAPA 02.06.05.526 (Reserved)

IDAPA 02.06.05.530 Restrictions Governing Shipments

The regulated articles will not be admitted into Idaho from the re gulated areas unless the state of origin certifies that they were produced in a county free from infection with the regulated pests, as determined by adequate annual surveys satisfactory to the Director, and from disease-free bud sources, rootstocks, and environs.(4-6-23)

IDAPA 02.06.05.531 (Reserved)

IDAPA 02.06.05.540 Official Certificate Requirements

The certificates required by Section 530 of these rules, will state the names and addresses of the shipper and consignee, the number and kind of regulated articles in the shipments, and the area where grown. A copy of the certificate accompanies the shipment, and one (1) copy is forwarded at the time of shipment to the Division of Plant Industry, Idaho State Department of Agriculture, Boise, Idaho.(4-6-23)

IDAPA 02.06.05.541 (Reserved)

IDAPA 02.06.05.550 Exemptions

This quarantine does not apply to experiments of the United States Department of Agriculture in the state of Idaho nor to experiments of the College of Agriculture, Department of Pathology of the University of Idaho.(4-6-23)

IDAPA 02.06.05.551 (Reserved)

SUBCHAPTER E – DISPOSAL OF CULL ONIONS AND POTATOES

IDAPA 02.06.05.610 Definitions

The definitions found in section 610 apply to the interpretation and enforcement of Subchapter E only.(4-6-23) 1.Cull Onions. Refers to those onions that are not marketable or usable for consumption or are generally considered waste, and includes the residue left in the field from the production of onion seed as well as commercial onions.(4-6-23)

02.Cull Potatoes. Refers to those potatoes that are not marketable or usable for consumption or as seed potatoes and includes the residue left in the field from commercial or seed potato production, or as a result of spoilage while in storage.(4-6-23)

IDAPA 02.06.05.611 (Reserved)

IDAPA 02.06.05.620 Regulated Area

01.Onions.

Ada, Canyon, Gem, Payette, Owyhee, and Washington Counties, state of Idaho. (4-6-23)

02.Potatoes. The entire state of Idaho.(4-6-23)

IDAPA 02.06.05.621 (Reserved)

IDAPA 02.06.05.630 Regulated Products

01.Cull Onions.

All cull onions produced as a result of market conditions, the grading process, or as a result of breakdown in storage or sorted out in the field during harvest and bulbs and waste left over from seed production.(4-6-23)

02.Cull Potatoes. All cull potatoes produced as a result of market conditions, the grading process, or as a result of breakdown in storage, or sorted out in the field during harvest and tubers and waste left over from potato seed production.(4-6-23)

IDAPA 02.06.05.631 (Reserved)

IDAPA 02.06.05.640 Disposition of Cull Onions

All cull onions existing in the control area shall be disposed of by a method approved of in Section 641 of this rule, to prevent sprouting. Disposal of all existing cull onions and debris must be completed prior to March 15th, of each year; provided; however, that in the case of onions sorted on or after March 15th of each year, the cull onions resulting therefrom shall be disposed of within one (1) week after such sorting regardless of the disposal method. The Department only enforces the cull onion disposal portions of this rule from March 15th through July 1st of each year.

IDAPA 02.06.05.641 Disposal Methods

To control the spread of the onion maggot and related onion diseases, all disposal methods listed in Section 641 must be carried out to the extent that control of the regulated pest(s) is achieved in order to be in compliance with Subchapter E.(4-6-23)

01.Disposal by Covering in Dumps or Pits.(4-6-23)

a.Cull onions disposed of by being dumped in pits shall be managed and covered as recommended by the University of Idaho Agricultural Extension Service.(4-6-23)

b.Covering shall be accomplished by March 15th of each year or as provided in Section 640 of this rule.(4-6-23)

02.Disposal by Feeding After March 15th of Each Year.(4-6-23)

a.Onion debris shall be completely removed from feeding areas and buried under twelve (12) inches or more of onion-free soil by March 15th of each year.(4-6-23)

b.In the case of residues of onion debris two (2) inches or less in depth, or onions tramped into the soil so that they cannot be removed, such areas shall be disked and plowed as deep as possible, and such that all onions and debris are buried under eight (8) inches or more of onion-free soil by March 15th of each year.(4-6-23)

c.Feeding areas and areas where onions are buried shall be treated in the manner set out in Section

IDAPA 02.06.05.641 (4-6-23)

03.Disposal by Composting. Cull onions being composted shall be covered by twelve (12) inches or more of onion-free soil or composting material until the onions have turned to compost.(4-6-23)

04.Disposal of Residue in Onion Producing Fields.(4-6-23)

a.Commercial onion fields where sort-out bulbs are left at harvest shall be disked and plowed as deep as possible, and such that all onions and debris are buried under eight (8) inches or more of onion-free soil by March 15th of each year.(4-6-23)

b.Following final seed harvest, seed bulbs shall be disked and plowed as deep as possible, and such that all onions and debris are buried under eight (8) inches or more of onion-free soil by March 15th of each year.

05.Disposal by Chopping or Shredding. Cull onions that have been chopped or shredded to the point that they are incapable of sprouting, shall be disked and plowed as deep as possible, and such that all onions and debris are buried under eight (8) inches or more of onion-free soil by March 15th of each year.(4-6-23)

06.Disposal by Spreading. Cull Onions may be disposed of by being spread on agricultural fields destined to be planted to a crop other than onions provided the onions are disked and plowed as deep as possible, and such that all onions and debris are buried under eight (8) inches or more of onion-free soil.(4-6-23)

IDAPA 02.06.05.642 Inclement Weather

If inclement weather prevents disposal by the methods in Subsecti ons 641.01 through 641.06, culls shall be treated with an EPA-labeled insecticide at prescribed intervals as recommended by the University of Idaho Agricultural Extension Service until proper disposal as prescribed in Subsections 641.01 through 641.06 can be carried out.

IDAPA 02.06.05.643 (Reserved)

IDAPA 02.06.05.644 Notification Required

Any person or entity delivering cull onions for disposal in the area regulated for cull onion disposal shall provide written notification to the recipient of those cull onions advising the recipient of this rule and the recipient’s obligations for the disposal of the cull onions under this rule. If the recipient is not the property owner, written notification shall also be made to the owner of the property where the onions are to be disposed of. Failure to make such notification in writing is a violation of Subchapter E.(4-6-23)

IDAPA 02.06.05.645 (Reserved)

IDAPA 02.06.05.650 Disposition of Cull Potatoes

All cull potatoes existing west of the Raft River shall be rendered non-viable by April 15th of each year and all cull potatoes generated after April 15th shall be rendered non-viable on a daily basis until September 20th. All cull potatoes existing east of the Raft River shall be rendered non-viable by May 15th of each year and all cull potatoes generated after May 15th shall be rendered non-viable on a daily basis until September 20th.(4-6-23)

IDAPA 02.06.05.651 Cull Potato Disposal Methods

Cull potatoes shall be disposed of in a manner as to render them non-viable. Disposal methods are those as recommended by the University of Idaho Agricultural Extension Service.(4-6-23)

IDAPA 02.06.05.652 (Reserved)

SUBCHAPTER F – MINT ROOTSTOCK AND CLONE PRODUCTION

IDAPA 02.06.05.710 Definitions

The definitions found in section 710 apply in the interpretation and enforcement of Subchapter F only:(4-6-23)

01.Field. A parcel of land submitted to the department for inspection of the mint being grown thereon, and physically separated by a minimum of five (5) feet of bare ground, or irrigation ditch, or road, or other physically discernible barrier separating it from an adjacent parcel of land planted with mint.(4-6-23)

IDAPA 02.06.05.711 (Reserved)

IDAPA 02.06.05.712 Regulated Pests

01.Diseases. V erticillium wilt (Verticillium dahliae Kleb) a persistent soil-borne fungal disease of mint and any virulently pathogenic, persistent disease known to be detrimental to the production of mint rootstock.

02.Insects. Mint stem borer (Pseudobaris nigrina), insect pests of mint rootstocks and any persistent insect pest known to be detrimental to the production of mint rootstocks and without effective control options.

03.Noxious Weeds. Those weeds declared noxious by authority of Title 22, Chapter 24, Idaho Code (Noxious Weed Law) and Rules. Growers will be notified by the Department of existing noxious weed problems. If noxious weeds have not been effectively controlled as determined by the Department, prior to the second inspection, the field will be rejected for certification by the Department.(4-6-23)

IDAPA 02.06.05.713 (Reserved)

IDAPA 02.06.05.715 Regulated Products

01.Mentha. Ro otstocks of all species of the genus Mentha.(4-6-23)

IDAPA 02.06.05.716 (Reserved)

IDAPA 02.06.05.720 Control Areas

To facilitate inspection and control, the areas, currently defi ned as: Cassia, Gooding, Jerome, Minidoka, and Twin Falls counties.(4-6-23)

01.Certified mint shall not be grown when the specific location is within five (5) miles of uncertified mint unless there are adequate physical and cultural barriers.(4-6-23)

IDAPA 02.06.05.721 (Reserved)

IDAPA 02.06.05.730 Requirements for Planting Mint Rootstock

01.State of Origin Phytosanitary Certificate. Healthy clones s hall be accompanied by a phytosanitary certificate or transfer permit issued by a regulatory agency of the state of origin with zero (0) tolerance for regulated disease(s), insect(s) and noxious weed(s).(4-6-23)

02.Greenhouse Requirements. Greenhouses shall be screened and tightly constructed to preclude entry of any regulated pest. Planting media shall be sterilized prior to planting and not re-used for planting of any mint destined to be entered in mint certification. Greenhouses shall be disinfected annually with a ten percent (10%) sodium hypochlorite solution.(4-6-23)

IDAPA 02.06.05.731 (Reserved)

IDAPA 02.06.05.740 Detection of Regulated Pests

In the event visual examination reveals evidence of a regulated pest, laboratory tests, if necessary to determine the causal organism, will be conducted by the Idaho Department of Agriculture laboratory on official samples in addition to the field inspection. In the case of a disagreement between the state Department of Agriculture and the interested party concerning the identity of the regulated pest in question, the state Department of Agriculture will submit an official sample to any lab of the University of Idaho, for a final determination.(4-6-23)

IDAPA 02.06.05.741 (Reserved)

IDAPA 02.06.05.780 Exemptions

01.Government Agencies. Subch apter F does not apply to any governmental agency growing mint in experimental plots approved by the Director of the Idaho Department of Agriculture and under the supervision of qualified plant scientists.(4-6-23)

02.Private Home Use. These rules do not apply to species of the genus Mentha intended for private home use.(4-6-23)

IDAPA 02.06.05.781 (Reserved)

SUBCHAPTER G – GRAPE PLANTING STOCK

IDAPA 02.06.05.820 Regulated Areas

All areas outside of the territorial borders of the state of Idaho.(4-6-23)

IDAPA 02.06.05.821 (Reserved)

IDAPA 02.06.05.830 Regulated Commodities

Planting stock of grape (Vitis species) including live plants, hardwo od cuttings, softwood cuttings, rootstocks, and any other parts of the grape plant, except fruit, capable of propagation (except fruit).(4-6-23)

IDAPA 02.06.05.831 Regulated Pests

Regulated pests include, but are not limited to:(4-6-23)

01.Grapevine Fanleaf Virus.(4-6-23)

02.Grapevine Leaf Roll - Associated Viruses.(4-6-23)

03.Red Blotch Virus.(4-6-23)

04.Grapevine Corky Bark Disease. Which include, but may not be limited to:(4-6-23)

a.Grapevine virus A.(4-6-23)

b.Grapevine virus B.(4-6-23)

05.Grape Phylloxera. (Daktulosphaira vitifoliae);(4-6-23)

06.Pierce's Disease. As caused by the bacterium Xylella fastidiosa;(4-6-23)

07.Vine Mealybug. (Planococcus ficus)(4-6-23)

08.Glassy-Winged Sharpshooter. (Homalodisca vitripennis).(4-6-23)

09.European Grapevine Moth. (Lobesia botrana)(4-6-23)

10.Xiphinema Index.(4-6-23)

IDAPA 02.06.05.832 (Reserved)

IDAPA 02.06.05.835 Rules Governing Shipments

01.Admittance into Idaho. Each shipment of a regulated article from a regulated area must be accompanied by a certificate issued by the state or country of origin’s plant protection organization, stating that the grape planting stock to be imported has been certified in accordance with the regulations of an official grapevine certification program of the state or country of origin’s plant protection organization, that includes annual inspections at all certification levels and testing at the foundation level for regulated pests and:(4-6-23)

a.The grapevines, rootstock and/or softwood cuttings were grown in and shipped from an area known to be free from regulated pests; or(4-6-23)

b.For small shipments (five hundred (500) or less) of un-rooted softwood cuttings, were individually inspected by an authorized inspector and were found to be free from regulated pests; or(4-6-23)

c.The grapevines, rootstock or softwood cuttings were grown under a sterile soil-less media and treated with a soil or systemic insecticide and a hot water dip treatment, as outlined in Section 840 of this rule, proven to be effective against vine mealybug and any other pests that may be present on the roots; or(4-6-23)

d.The grapevines, rootstock, and/or softwood cuttings were subject to one (1) of the two (2) treatments outlined in Section 840 of this rule, or such additional methods as may be determined to be effective and are approved by the director and were stored in a manner after treatment that would prevent re-infestation. (4-6-23)

02.Marking Contents. All shipments of grape planting stock must be plainly marked with the contents on the outside of the package or container.(4-6-23)

03.Shipment Notification. Persons shipping or transporting grape planting stock into this state from areas under regulation shall notify the department by electronic mail, regular mail or fax prior to shipment including the nature of the grape planting stock (such as live plants, hardwood cuttings, softwood cuttings, rootstocks, or other similar categories), the quantity in each shipment, the expected date of arrival, the name of the intended receiver and the destination. An official certificate issued by the plant protection organization of the state of origin certifying that the grapevines meet the requirements of this chapter must accompany the grape planting stock into the state. All treatments and inspections must have been witnessed or performed by an official of the state of origin’s plant protection organization.(4-6-23)

IDAPA 02.06.05.836 (Reserved)

IDAPA 02.06.05.840 Acceptable Treatments

01.Hot Water Treatment. Dormant, rooted grapevines or root stock shall be washed to remove all soil or other propagative media by immersing in a hot water bath for a period of not less than three (3) minutes, nor more than five (5) minutes, at a temperature of not less than one hundred twenty-five degrees Fahrenheit (125º F.) or fiftytwo degrees Celsius (52º C.), nor more than one hundred thirty degrees Fahrenheit (130º F.) or fifty-five degrees Celsius (55º C.) at any time during immersion; or(4-6-23)

02.Fumigation. Grapevines, rootstock or softwood cuttings may be treated with a fumigant approved for the regulated pests.(4-6-23)

03.Other Methods. Upon written application to the Director, variations to the above mentioned acceptable treatments or additional treatment methods may be considered.(4-6-23)

IDAPA 02.06.05.841 (Reserved)

SUBCHAPTER H – JAPANESE BEETLE

IDAPA 02.06.05.855 Regulated Pest

Japanese beetle (Popillia japonica).(4-6-23)

IDAPA 02.06.05.856 (Reserved)

IDAPA 02.06.05.860 Areas Under Quarantine

Any areas known to be infested or subsequently found to be infested.(4-6-23)

IDAPA 02.06.05.861 (Reserved)

IDAPA 02.06.05.870 Articles and Commodities Under Quarantine

01.Possible Hosts and Carriers.

The following are hereby declared to be hosts and possible carriers of the Japanese beetle:(4-6-23)

a.Soil, humus, compost, and manure (except when commercially packaged);(4-6-23)

b.All plants with roots (except bareroot plants free from soil);(4-6-23)

c.Grass sod;(4-6-23)

d.Plant crowns or roots for propagation (except when free from soil or under 50mm plug or liner rooting media);(4-6-23)

e.Bulbs, corms, tubers, and rhizomes of ornamental plants (except when free from soil);(4-6-23)

f.Any other plant, plant part, article, or means of conveyance when it is determined by the Director or authorized agent to present a hazard of spreading live Japanese beetle due to infestation or exposure to infestation by Japanese beetle.(4-6-23)

02.Soil. For the purposes of this quarantine, soil is defined as all growing media in which the plants are actually rooted. Packing material other than soil, added to bareroot plants after harvesting would not normally pose a pest risk. Packing material would be covered under (Subsection 870.01.f.), at the inspector’s discretion.(4-6-23)

03.Free from Soil. For the purposes of this quarantine, free from soil is defined as soil in amounts that could not contain concealed Japanese beetle larvae or pupae.(4-6-23)

IDAPA 02.06.05.871 (Reserved)

IDAPA 02.06.05.880 Restrictions

All articles and commodities under quarantine are prohibited entry into Idaho from an area under quarantine with the following exceptions:(4-6-23)

01.Certificate of Treatment. All of the articles and commodities covered are approved for entry into Idaho when accompanied by a certificate issued by an authorized state agricultural official at origin stating that the article or shipment was treated for Japanese beetle or grown in accordance with methods and procedures approved and prescribed by the Director. A Certificate of Treatment shall include the date of treatment. During the adult flight period (June to September), the treatment must occur no more than 2 weeks prior to shipment or be retreated. If plants are exposed to a second or additional flight season, they must be retreated during each flight season. Plants that are treated outside of the adult flight season are certified until the next flight season; at which time they must be retreated if not sold before the next flight season begins.(4-6-23)

02.Certificate of Origin. Commercial plant shipments with soil may be shipped from an area under quarantine into Idaho provided such shipments are accompanied by a certificate issued by an authorized state agricultural official at origin. Such certificates shall be issued only if the shipment confirms fully with either Subsections 880.02.a., 880.02.b., or 880.02.c. of Subchapter H:(4-6-23)

a.The greenhouse in which the plants were produced was tightly constructed so that adult Japanese beetles would not gain entry, the plants and greenhouses were inspected and found to be free from all stages of Japanese beetle, and the plants and soil were protected from subsequent infestation while being stored, packed and shipped; or(4-6-23)

b.The plants were not produced in the regulated area, were transported into the regulated area in a closed conveyance or closed containers and at all times thereafter were protected from becoming infested with Japanese beetle; or(4-6-23)

c.States or portions of states listed in the area under quarantine may have counties that are not infested with Japanese beetle. Shipments of articles and commodities covered will be accepted from these noninfested counties if annual surveys are made in such counties and the results of such surveys are negative for Japanese beetle. A list of counties so approved will be maintained by the Director. Agricultural officials of other states may recommend a noninfested county be placed on the approved county list by writing for such approval and stating how the surveys were made giving the following information:(4-6-23)

i.Area surveyed.(4-6-23)

ii.How survey was carried out.(4-6-23)

iii.Personnel involved.(4-6-23)

iv.If county was previously infested, give date of last infestation.(4-6-23)

v.The recommendation for approval of such counties will be evaluated by the Department of Feeds and Plant Services, Division of Plant Industries, Idaho Department of Agriculture.(4-6-23)

03.Denial of Approval.

If heavy infestations occur in neighboring counties, approval may be denied.

To be maintained on the approved list, each county will be reapproved every twelve (12) months. Shipments of articles and commodities under quarantine from noninfested counties will only be allowed entry into Idaho if the noninfested county has been placed on the approved list prior to the arrival of the shipment to Idaho.(4-6-23)

04.Privately Owned House Plants. Privately owned house plants grown indoors are exempt from Subchapter H.(4-6-23)

05.Certificate Requirements. A copy shall be forwarded at the time of shipment to the Division of Plant Industry, Idaho State Department of Agriculture, Boise, Idaho.(4-6-23)

IDAPA 02.06.05.881 (Reserved)

02.06.10 Rules Governing the Growing of Potatoes

IDAPA 02.06.10.000 Legal Authority

Sections 22-505, 22-1504, 22-1907, 22-2004, 22-200 6, and 22-2013, Idaho Code.(7-1-24)

IDAPA 02.06.10.001 Scope

These rules govern the procedures for all potato management within Seed Potato Crop Management Areas and establi sh the procedures of identifying, handling and testing uncertified seed potatoes to be planted in Idaho. These rules also seek to prevent the spread of Pale Cyst Nematode and the introduction and/or spread of Cms and subsequently bacterial ring rot throughout Idaho and the United States.(7-1-24)

IDAPA 02.06.10.002 (Reserved)

SUBCHAPTER A – PALE CYST NEMATODE

IDAPA 02.06.10.104 Incorporation by Reference

The following documents are incorporated by reference into this Subchapter A:(7-1-24) 01. 7 CFR Part 301 SubPart S - Pale Cyst Nematode. Sections 301.86 through 301.86-9 as published under Docket No. APHIS-2006-0143 in the Federal Register Volume 72, No. 176, Wednesday, September 12, 2007, and as amended under Docket No. APHIS-2006-0143 published in the Federal Register Vol. 74, No. 81, Wednesday, April 29, 2009, and as amended under docket No. APHIS-2018-0041 published in the Federal Register Vol. 85, No. 249, Tuesday, December 29, 2020, and except as amended below in Subchapter A of this rule. (7-1-24)

02.USDA APHIS PPQ Treatment Manual Schedule T406-d. https://www.aphis.usda.gov/ import_export/plants/manuals/ports/downloads/treatment.pdf.(7-1-24) 03.7 CFR Part 305 - Phytosanitary Treatments, as revised January 1, 2022.(7-1-24)

IDAPA 02.06.10.105 (Reserved)

IDAPA 02.06.10.110 Definitions and Terms

In addition to the definitions found in Section 22-2005, Idah o Code, the following definitions found in Section 110 apply in the interpretation and enforcement of Subchapter A only:(7-1-24)

01.Inspector. Any employee of Idaho State Department of Agriculture (ISDA), Animal and Plant Health Inspection Service (APHIS), the United States Department of Agriculture (USDA), or other person authorized by the USDA APHIS Administrator or ISDA Director to perform the duties required under Subchapter A.(7-1-24)

02.Interstate. From any state into or through any other state.(7-1-24)

03.Intrastate. Movement within the boundaries of the state of Idaho.(7-1-24)

IDAPA 02.06.10.120 Intrastate Movement

No regulated articles may move within the state of Idaho without complying with the federal regulations, as inco rporated by reference in Subsection 104.01 in Subchapter A.(7-1-24)

IDAPA 02.06.10.121 Quarantined Areas

Those areas of the State quarantined or regulated for PCN under 7 CFR Part 301 Sections 301.86-3 as published on the USDA APHIS website at https://www.aphis.usda.gov/plant-pests-diseases/pcn/regulated-field-01-11-2023.

IDAPA 02.06.10.122 Restrictions

01.Movement From a Non-Quarantined Area.

Movement of regulated articles from a nonquarantined area is subject to inspection by an inspector. Permits and certifications are not required.(7-1-24)

02.Movement From a Quarantined Area. Movement of regulated articles from a quarantined area is subject to the provision of Section 123 of Subchapter A.(7-1-24)

03.Other Restrictions. No potatoes, tomatoes, eggplants, or any other known host crops may be planted in the infested fields. Soil must not be moved from the infested fields. Any equipment leaving the infested fields must be sanitized and certified using USDA APHIS approved protocols.(7-1-24)

04.Seed Potatoes. Seed potatoes may not be grown in a quarantined area.(7-1-24)

05.Exemptions. Host plant material may be planted in infested fields under the authorization and supervision of the USDA and ISDA eradication program.(7-1-24)

IDAPA 02.06.10.123 Conditions for Intrastate or Interstate Movement of Regulated

ARTICLES.

Regulated articles may only be moved intrastate or interstate from a quarantined area by a person under a compliance agreement if accompanied by a certificate or limited permit issued by an inspector in accordance with the federal regulations, as incorporated by reference in Section 104 in Subchapter A.(7-1-24)

IDAPA 02.06.10.124 (Reserved)

IDAPA 02.06.10.130 Inspection, Sampling, and Testing

In order to accomplish the purposes of Subchapter A, an inspector may enter upon and inspect any public or private premises, lands, means of conveyance, or article of any person within this State, for the purpose of inspecting, surveying, sampling, testing, treating, controlling, or destroying any soil, plant, or plant material thought to or found to contain or be infested with Pale Cyst Nematode.(7-1-24)

IDAPA 02.06.10.131 (Reserved)

SUBCHAPTER B – SEED POTATO CROP MANAGEMENT AREA

IDAPA 02.06.10.210 Definitions

In addition to the definitions found in Idaho Code Sections 22 -501 and 22-2005, Idaho Code, the definitions found in section 210 apply to the interpretation and enforcement of Subchapter B.(7-1-24)

01.Cull Potatoes. Potatoes not usable for planting or consumption.(7-1-24)

02.Grower. Any person who plants and cultivates more than fifteen one-hundredths (.15) acres of potatoes within a Seed Potato Crop Management Area.(7-1-24)

03.Volunteer Potatoes. Volunteer potatoes are defined as any residue left in a field from previous years of production that has sprouted and is growing.(7-1-24)

IDAPA 02.06.10.211 (Reserved)

IDAPA 02.06.10.220 Seed Potato Crop Management Areas

Area boundary maps as published on ISDA website: ht tps://agri.idaho.gov/main/plants/potatoes/ for the following Seed Potato Crop Management Areas: All of Teton, Caribou and Franklin Counties; Portions of Fremont and Madison County; and areas known as: Lost River, Almo Valley Bridge, Ririe Reservoir, Picabo, Little Camas, and Hog Hollow.(7-1-24)

IDAPA 02.06.10.221 (Reserved)

IDAPA 02.06.10.230 Regulated Articles

01.Irish Potato.

All plants and plant parts of the Irish potato, Solanum tuberosum.(7-1-24)

02.Green Peach Aphid Hosts. All plants that are hosts to the green peach aphid, Myzus persicae, including but not limited to peach and apricot trees and bedding plants.(7-1-24)

03.Any Host. Any host that may spread or assist in the spread of any of the diseases or pests of concern.(7-1-24)

04.Equipment. All ground working, earth moving, or potato handling equipment shall be cleaned of soil and plant debris and disinfected before entering the Seed Potato Crop Management Areas in order to prevent the introduction of disease(s) or pest(s) of concern.(7-1-24)

IDAPA 02.06.10.231 (Reserved)

IDAPA 02.06.10.240 Diseases and Pests of Concern

01.Introduction of Pests. Int roduction into the Seed Potato Crop Management Areas of any of the pests or diseases listed in this Section by a contaminated vehicle or any other means constitutes a violation of Subchapter B of this rule.(7-1-24)

02.Leaf Roll. Net necrosis or leaf roll, caused by potato leaf roll virus.(7-1-24)

03.Ring Rot. Ring rot, Corynebacterium sepedonicum.(7-1-24)

04.Columbia Root Knot Nematode. Columbia root knot nematode, Meloidogyne chitwoodii.

05.Green Peach Aphid. Green peach aphid, Myzus persicae, a vector of the leaf roll virus.(7-1-24)

06.Northern Root Knot Nematode. Northern root knot nematode, Meloidogyne hapla.(7-1-24)

07.Corky Ring Spot. Corky ring spot, a disease caused by tobacco rattle virus.(7-1-24)

08.Powdery Scab. Powdery scab, Spongospora subterranea (Wallr.) Lagerh. f. sp. subterranea.

09.Stubby Root Nematode. Stubby root nematode, Paratrichodorus pachydermus, Paratrichodorus christiei, Trichodorus primitivus.(7-1-24)

10.Potato Late Blight. Potato late blight, a disease caused by Phytophthora infestans.(7-1-24)

IDAPA 02.06.10.241 (Reserved)

IDAPA 02.06.10.250 Planting of Potatoes

01.Seed Potato Crop Management Area.

No person shall plant any potatoes in any of the Seed Potato Crop Management Areas except those that have met standards for recertification of the Idaho Crop Improvement Association (ICIA) or equivalent agency of another state or political jurisdiction in accordance with Section 22-503, Idaho Code.(7-1-24)

02.Certification. All plantings of potatoes shall be entered for certification with ICIA who notifies ISDA of any lots of potatoes rejected. Exceptions:(7-1-24)

a.All plantings of potatoes in Lost River Seed Potato Crop Management Area; and(7-1-24)

b.All plantings of potatoes in home gardens that are fifteen one-hundredths (.15) acre or less.

03.Control. The grower shall spray with a pesticide or take other control measures approved by ISDA when potato late blight is found within a twenty-five (25) mile radius of a Seed Potato Crop Management Area boundary except the Lost River Seed Potato Crop Management Area. A grower in the Lost River Seed Potato Crop Management Area shall spray with a pesticide or take other control measures approved by ISDA when potato late blight is found within the boundaries of the Lost River Seed Potato Crop Management Area.(7-1-24)

IDAPA 02.06.10.251 (Reserved)

IDAPA 02.06.10.260 Peach, Apricot Trees, or Any Host

Peach, apricot trees, or any host of green peach aphid growing in Seed Potato Crop Management Areas shall be controlled with an ISDA approved pesticide.(7-1-24)

IDAPA 02.06.10.261 Bedding Plants

01.Aphid Inspection.

All bedding plants are subject to inspection by the Director for aphids. If aphids are found, the plants shall be treated by a method approved by the Director. Such methods may include destruction of infested plants.(7-1-24)

02.Treatment for Infestation. Bedding plants in transit to Seed Potato Crop Management Areas are subject to inspection for aphids and if found infested, treated in a manner approved by the Director before delivery into Seed Potato Crop Management Areas.(7-1-24)

03.Treatment of Property. The Director may order treatment of property on which there are bedding plants or cut floral arrangements where he determines such treatment is necessary to control aphids.(7-1-24)

04.Treatment of Cemeteries. All cemeteries within Seed Potato Crop Management Areas shall be sprayed or controlled for insects immediately after the Memorial Day holiday. Such spraying or control will be done in compliance with all State and Federal laws, rules and regulations.(7-1-24)

IDAPA 02.06.10.262 (Reserved)

IDAPA 02.06.10.270 Storage of Potatoes

01.Potatoes Produced Within Seed Pota to Crop Management Areas. All potatoes found to be infested with any disease or pests of concern as defined in Section 240 or those that have not met standards for recertification by ICIA shall be removed from Seed Potato Crop Management Areas no later than April 15 of the year following harvest.(7-1-24)

02.Potatoes Produced Outside Seed Potato Crop Management Areas. Before any lot of potatoes can be brought into Seed Potato Crop Management Areas, the lot shall be inspected, certified, and tagged by ICIA, the State Shipping Point Inspection Service or a recognized equivalent agency of another state or territory in accordance with Section 22-503, Idaho Code except the Lost River Seed Potato Crop Management Area. Before any lot of potatoes can be brought into the Lost River Seed Potato Crop Management Area the lot shall pass ICIA summer inspection or inspected, certified, and tagged by the State Shipping Point Inspection Service or a recognized equivalent agency of another state or territory in accordance with Section 22-503, Idaho Code.(7-1-24)

IDAPA 02.06.10.271 Seed Disposition Notification

The State Shipping Point Inspection Service will notify the ISD A of all seed lots rejected for certification. This notification will include the variety, grower, storage location and the certification number of each rejected lot.

IDAPA 02.06.10.272 (Reserved)

IDAPA 02.06.10.280 Cull and Volunteer Potatoes

01.Plant Growth.

All plant growth on cull potato piles shall be controlled by a state approved chemical or mechanical measure including, but not limited to, burial with a minimum of eighteen (18) inches of soil, field spreading no more than two (2) potato layers and composting.(7-1-24)

02.Destroying Volunteer Potatoes. It is the responsibility of each grower within Seed Potato Crop Management Areas to destroy all cull piles and volunteer potatoes growing on summer fallow, set-aside and noncultivated areas of the grower's property. In the event that the grower fails to destroy such plants, the Director may order them destroyed at the expense of the grower.(7-1-24)

IDAPA 02.06.10.281 (Reserved)

IDAPA 02.06.10.290 Transportation of Potatoes

01.Responsibilities. It i s the responsibility of the growers of rejected lots to keep contaminated trucks and equipment, infested vegetable matter and foliage from contaminating public roadways, neighboring fields and cellars.(7-1-24)

02.In Transit. Potatoes in transit through Seed Potato Crop Management Areas shall be in covered vehicles and not be unloaded in Seed Potato Crop Management Areas.(7-1-24)

IDAPA 02.06.10.291 (Reserved)

IDAPA 02.06.10.295 Potatoes for Consumption

Potatoes for human and animal consumption, grown outside Seed Potato Crop Management Areas as defined in Section 220, shall be treated with a sprout inhibitor before being offered for sale within Seed Potato Crop Management Areas as defined in Section 220 of Subchapter B.(7-1-24)

IDAPA 02.06.10.296 (Reserved)

SUBCHAPTER C – BACTERIAL RING ROT

IDAPA 02.06.10.304 (Reserved)

IDAPA 02.06.10.310 Definitions

In addition to the definitions in Sections 22-1904 and 22-2005, Idaho Code, the definitions in section 310 apply in the interpretation and the enforcement of this Subchapter C only:(7-1-24)

01.Contact Lot. A seed lot produced on a farming operation using common production and handling equipment or storage facilities, or both.(7-1-24)

02.Seed Lot. A field or a group of fields producing seed potatoes or the potatoes (tubers) harvested from a seed potato field, identified with a certification number and a North American Plant Health Certificate, enabling identity preservation and tracking.(7-1-24)

03.Seed Potato Certification Process. The process, timing, and requirements for the certification of seed potatoes in Idaho, as set forth in the Idaho Potato Certification Standards, as set forth by the Idaho Crop Improvement Association (ICIA).(7-1-24)

04.Seed Stock. Seed potatoes intended for use as a planting source for certification that are “Identity Preserved” with a certification number and a North American Plant Health Certificate.(7-1-24)

05.Sister Lot. Seed lots originating from the same lot of seed stock.(7-1-24)

IDAPA 02.06.10.311 (Reserved)

IDAPA 02.06.10.320 Regulated Pest - Bacterial Ring Rot (brr)

Caused by a bacterium, Clavibacter michiganensis subsp. sepedonicus (Cms).(7-1-24)

IDAPA 02.06.10.321 (Reserved)

IDAPA 02.06.10.330 Reporting of Brr

01.Mandatory Reporting. It is mandatory for any person including, but not limited to, a grower, processor, shipper, laboratory staff member, field inspector, or shipping point inspector, to immediately report the presence of Cms to the Idaho State Department of Agriculture (ISDA) when:(7-1-24)

a.The Cms is discovered or observed in seed potato plants or tubers prior to final seed potato certification by ICIA; and(7-1-24)

b.The presence of Cms is confirmed via laboratory testing; and(7-1-24)

c.The positive tubers or plant parts are still in the possession of the original seed grower. (7-1-24)

02.Contents. All reports shall, to the best of the reporter’s ability, contain the following information:

a.The field, facility or other location at which Cms was found;(7-1-24)

b.The date of discovery;(7-1-24)

c.The location at which the suspect potatoes were grown;(7-1-24)

d.The variety and generation of the suspect potatoes;(7-1-24)

e.The laboratory submission report and test results;(7-1-24)

f.The certification tags and origin of the seed potatoes used to produce the suspect crop;(7-1-24)

g.North American Plant Health Certificate.(7-1-24)

03.Methods of Reporting. The report shall be made by phone, in person or in writing (which may include electronic mail sent to BRR@agri.idaho.gov.(7-1-24)

IDAPA 02.06.10.331 Hold Harmless

Reporting parties and those parties participating in and cooperating with the ISDA’s trace back investigation of any alleg ed Cms contaminated potatoes will be held harmless from any civil penalties the ISDA has authority to issue.

IDAPA 02.06.10.332 Trace Back Investigation, Sampling, and Testing

01.Trace Back and Investigation. ISDA, upon receiving a mandatory report of Cm s infected potatoes, investigates the origin and destination of such potatoes. Trace back and investigation activities may include, but not be limited to:(7-1-24)

a.A review of all inspection, certification, shipping and production records held by any person for the potatoes in question; (7-1-24)

b.Inspection and sampling at the reporting operation as well as points for origin, storage and destination related to that operation; and(7-1-24)

c.Laboratory testing records of any samples.(7-1-24)

02.Mutual Cooperation. ISDA and the ICIA will mutually cooperate with each other in trace back investigations where appropriate.(7-1-24)

03.Testing Positive for Cms. If certified seed potatoes in a lot test positive for Cms after they have left the control of the grower of that lot, ISDA's trace back investigation may include Cms testing any remaining seed from that lot that is still at the seed potato grower's facility. The testing level will be at a rate, depending on lot size, up to a maximum of four hundred (400) randomly selected tubers.(7-1-24)

04.Trace Back Investigations. The public disclosure of information obtained during an investigation conducted under Subchapter C of this rule is subject to disclosure to the public only insofar as it is allowed by Title 74, Chapter 1, Idaho Code.(7-1-24)

IDAPA 02.06.10.333 Restriction on the Use of Infected Potatoes

Those potatoes found to be infected with Cms m ay not be utilized for planting as seed.(7-1-24)

IDAPA 02.06.10.334 (Reserved)

IDAPA 02.06.10.350 Testing for Brr

01.Compliance With Certification Standards. Seed potato tubers for pla nting for commercial production or for seed certification in Idaho or being imported into Idaho as seed potatoes for commercial production or certification as seed for planting must comply with the Idaho Potato Certification Standards, as set forth by the ICIA.(7-1-24)

02.Seed Potatoes to Be Exported Tested. Seed potato tubers being exported from Idaho to a foreign country as seed potatoes for planting must meet all ICIA requirements for certification and export tag placement, as well as all phytosanitary certification requirements of the importing country. All costs for sampling, transport and testing are borne by the exporter.(7-1-24)

IDAPA 02.06.10.351 (Reserved)

IDAPA 02.06.10.360 Hold Orders

The Director may authorize Hold Orders restricting the movem ent of infested or suspect potatoes until investigation, trace back, and sample analysis are complete. Hold Orders may require verification that said potatoes will not be utilized for any purposes not authorized in writing by the Department. When potatoes from a certified seed potato lot are sampled and test positive for Cms after the seed potatoes have left the seed potato grower’s facility, the department will not issue a hold order on any seed potatoes from that lot that remain on the seed potato grower’s facility unless and until potatoes from the affected lot are sampled at the seed potato grower’s facility and test positive for Cms.(7-1-24)

IDAPA 02.06.10.361 (Reserved)

IDAPA 02.06.10.370 Fees

Fees for samples for laboratory testing for Cms are those normally charged by the approved laboratory doing the testing.(7-1-24)

IDAPA 02.06.10.371 (Reserved)

SUBCHAPTER D – PLANTING SEED POTATOES

IDAPA 02.06.10.410 Definitions

In addition to the definitions found in Section 22-501, Idaho Co de, the definitions found in section 410 apply in the interpretation and the enforcement of this subchapter D of this rule:(7-1-24)

01.Disease. Any fungus, bacteria, virus, or other organism injurious to plant life or plant products, including the spore or any other propagative state thereof.(7-1-24)

02.Pest. Any form of animal life that is or may be detrimental or injurious to plant life or plant products, including the egg, larva, pupa, or any other immature stage thereof.(7-1-24)

IDAPA 02.06.10.411 (Reserved)

IDAPA 02.06.10.450 Requirements for Uncertified Seed Potatoes

01.No More Than One Generation. N o more than one (1) generation from certified parent seed potatoes.(7-1-24)

02.Grown by the Farmer. Grown by the farmer and separated and graded at the storage of the farmer Section Enforcement Page 11 planting the uncertified seed potatoes.(7-1-24)

03.Planting. Planted only on the farm of the farmer who produced the uncertified seed potatoes.

04.Disease Content. In compliance with Idaho Crop Improvement Association (ICIA) rules of certification for seed potatoes by having a disease content that does not exceed the standard for the last generation of certified seed potatoes.(7-1-24)

05.Laboratory Testing. Laboratory tested for bacterial ring rot prior to planting.(7-1-24)

06.Laboratory Tested and/or Grown Out. Laboratory tested and/or grown-out for potato leaf roll virus and potato virus Y prior to planting.(7-1-24)

07.Testing by Designated Agencies. Laboratory and/or grow-out tested by agencies designated by the department.(7-1-24)

08.Sampling. Sampled in accordance with procedures established by the department.(7-1-24)

IDAPA 02.06.10.451 (Reserved)

IDAPA 02.06.10.460 Enforcement

01.Reporting – Uncertified Seed Potatoes.

All growers planning to plant uncertified seed potatoes shall complete an uncertified seed potatoes report form approved by the department and submit it to the department prior to planting.(7-1-24)

02.Records - Certified Seed Potatoes. All potato growers are required to keep seed potato certification records for a minimum of four years after planting. The records may be official tags or other official documentation issued by the certifying agency and representing each lot planted. These records must include the potato variety name, certification number and certifying agency. These records are to be made available to a Department representative upon request.(7-1-24)

IDAPA 02.06.10.461 (Reserved)

02.04.20 Rules Governing Brucellosis

IDAPA 02.04.20.000 Legal Authority

Sections 25 -203, 25-601, and 25-3520, Idaho Code.(7-1-26)

IDAPA 02.04.20.001 Scope

These rules govern prevention, surveillance, diagnosis, control, m anagement and eradication of brucellosis in the state of Idaho.(7-1-26)

IDAPA 02.04.20.002 (Reserved)

IDAPA 02.04.20.004 Incorporation by Reference

The following documents are incorporated by refe rence and copies of these documents may be obtained from the Idaho State Department of Agriculture (ISDA) Central Office and the State Law Library:(7-1-26)

01.The October 1, 2003 Edition of the Brucellosis Eradication Uniform Methods and Rules.

02.The September 30, 2003 Edition of the Brucellosis in Cervidae: Uniform Methods and Rules.

03.The April 1998 Edition of the Swine Brucellosis Control/Eradication: State-Federal-Industry Uniform Methods and Rules.(3-31-22)

04.The Code of Federal Regulations Title 9, Parts 71, 78, and 161, January 1, 2005. This document can be viewed online at http://www.access.gpo.gov/nara/cfr/waisidx_00/9cfrv1_00.html.(3-31-22)

IDAPA 02.04.20.005 (Reserved)

IDAPA 02.04.20.010 Definitions

The following definitions apply in the interpretation and enforcement of this chapter.(3-31-22) 01.

Approved Feedlot. A feedlot approved by the ISDA Administrator of the Division of Animal Industries (Administrator) to feed female cattle and domestic bison, which have not been officially vaccinated against brucellosis.(7-1-26)

02.Brucellosis Herd Management Plan. A written document outlining management practices a livestock producer will take to minimize the exposure of cattle or domestic bison to brucellosis. The herd management plan shall be valid when signed by the owner and the State Veterinarian or his designee.(3-31-22)

03.Cattle. All bovidae, including domestic bison, owned by a person.(7-1-26)

04.Commuter Herd. A herd of cattle or domestic bison that moves from Idaho to another state pursuant to the provisions of IDAPA 02.04.21.(7-1-26)

05.Designated Surveillance Area (DSA). An area of Idaho, as ordered by the director or his designee, where brucellosis positive wildlife are known or believed to exist and where commingling of wildlife and livestock may lead to transmission of brucellosis from wildlife to livestock.(7-1-26)

06.Domestic Cervidae. Elk, fallow deer and reindeer that are owned by a person.(3-31-22)

07.Exposed. Animals that have had contact with other animals, herds, or materials that have been determined to be infected with or affected by Brucella.(3-31-22)

08.Infected Animals or Herds. Animals that are classified as reactors by the designated brucellosis epidemiologist or herds that contain one or more reactor animals.(3-31-22)

09.Official Identification. The unique individual electronic identification of cattle, domestic bison, swine, or domestic cervidae in accordance with these rules.(7-1-26)

10.Official Vaccinate. A bovine or domestic bison female that was inoculated, in accordance with these rules and the Brucellosis Uniform Methods and Rules (UM&R), with an approved Brucella vaccine.(7-1-26)

11.Parturient. Visibly prepared to give birth or within two (2) weeks before giving birth.(3-31-22)

12.Postparturient. Having already given birth.(3-31-22)

13.Premises. The ground, area, buildings, corrals, and equipment utilized to keep, hold, or maintain

14.Re-Identification of Official Vaccinates. The identification of female cattle or other animals which have been officially vaccinated and identified, as provided in this chapter, and which have lost the official identification device or the tattoo has faded to the extent that it cannot be discerned.(3-31-22)

15.Restricted Movement Permit. A VS Form 1-27, or other document approved by the Administrator for movement of reactor or exposed animals in commerce.(3-31-22)

16.State/Federal Animal Health Laboratory. The official laboratory in Idaho that is approved by the Administrator and United States Department of Agriculture (USDA)/Animal and Plant Health Inspection Service (APHIS)/Veterinary Services (VS), to conduct serologic and bacteriologic tests to detect Brucella.(7-1-26)

17.Swine. All animals in the family suidae, owned by a person.(7-1-26)

18.Test Eligible. Unless otherwise specifically provided in these rules, all sexually intact cattle and domestic bison twelve (12) months of age and over, and all parturient, and postparturient cattle and domestic bison regardless of age.(3-31-22)

IDAPA 02.04.20.011 (Reserved)

IDAPA 02.04.20.020 Applicability

These rules apply to all cattle, domestic bison, swine, and do mestic cervidae located within, imported into, transported through or exported from the state of Idaho.(3-31-22)

IDAPA 02.04.20.021 Supervision

The official brucellosis er adication program will be supervised by full-time state or federal veterinarians.(3-31-22)

IDAPA 02.04.20.022 Inspections

In order to ascertain compliance with this chapter, state and federal animal health officials are authorized to inspect animals, records, premises and other areas where cattle, domestic bison, swine, domestic cervidae and other animals are held or kept.(3-31-22)

01.Entering and Inspection of Premises. State or federal animal health officials are authorized to enter premises, other areas, or conveyances in the state where cattle, domestic bison, swine, domestic cervidae or other brucellosis susceptible animals are held or kept and will attempt to notify the owner or operator of the premises or conveyance prior to conducting a facility or records inspection. In an emergency, as determined by the Administrator, prior notification will not be required.(7-1-26)

02.Maintain Biosecurity. State and federal animal health officials shall comply with the biosecurity protocol of the operation so long as the protocol does not inhibit reasonable access to inspect the facility or its’ records.(7-1-26)

IDAPA 02.04.20.023 Laboratories

Biological samples tested for brucellosis shal l be tested only by official state-federal animal health laboratories or by persons authorized by the Administrator, and USDA/VS.(3-31-22)

01.Blood, Milk, Tissue, or Other Samples. All biologic samples shall be collected and tested in accordance with the UM&R for that species.(3-31-22)

02.Authorized Persons. Qualified persons, approved by the Administrator conducting serologic tests for brucellosis at facilities other than official state-federal animal health laboratories must promptly submit all samples to an approved laboratory for confirmation of test results.(7-1-26)

03.Retest of Reactors. A request to retest a reactor animal may be submitted by the owner to the Administrator within three days (3) days of being notified of the initial herd blood test results. The request shall be based on sound epidemiologic evidence, and all animals shall remain under herd quarantine. Approved requests shall be performed at the owner’s expense.(7-1-26)

04.Reclassification of Reactors. Any reclassification of reactor animals shall be in accordance with the UM&R for that species.(3-31-22)

IDAPA 02.04.20.024 Reporting

Brucellosis activities conducted privately or as part of the of ficial brucellosis eradication program shall be reported to the Administrator.(3-31-22)

01.Test Results. All test results shall be reported immediately.(3-31-22)

02.Vaccinations. All vaccination reports shall be submitted on an electronic form approved by the Administrator within fifteen (15) days of date of vaccination.(7-1-26)

03.Disease. All owners of animals and veterinarians shall report evidence of brucellosis infection to the Administrator immediately.(3-31-22)

IDAPA 02.04.20.025 (Reserved)

IDAPA 02.04.20.027 Wild Bison and Wild Elk

01.Exposure of Livestock to Wild Bison.

All cattle, domestic bison, and domestic cervidae animals and herds that come into contact with brucellosis affected wild bison, such that transmission of brucellosis could occur, shall be considered exposed to brucellosis.(3-31-22)

02.Exposure of Livestock to Wild Elk. All cattle, domestic bison, and domestic cervidae animals and herds that have feed-line or other contact, during winter months, with wild elk that have been determined to be affected with brucellosis, such that transmission of brucellosis could occur, shall be considered exposed to brucellosis.(3-31-22)

IDAPA 02.04.20.028 Brucellosis Testing

The Administrator may require brucell osis testing of cattle, domestic bison, swine, domestic cervidae, or other

01.Duty to Restrain. It is the duty of each person who has control of such animals to pen the animals in suitable pens and restrain them for the test when directed to do so in writing by the Administrator.(3-31-22)

02.Records of Tests. When any cattle, domestic bison, swine, or domestic cervidae are tested for brucellosis a complete test record shall be made and the record shall be shown on an official electronic brucellosis test form provided by the Administrator.(7-1-26)

03.Interstate Movement. All test eligible cattle and domestic bison exported from Idaho shall be tested negative for brucellosis within thirty (30) days prior to the interstate movement if required by the state of destination, or if the cattle or domestic bison are being moved from a DSA.(3-31-22)

IDAPA 02.04.20.029 (Reserved)

IDAPA 02.04.20.030 Brucellosis Indemnity

Owners of animals that are condemned and depopulated because of brucellosis shall be indemnified for such animals, based upon appraised value, less federal indemnity and salvage value, and for reasonable actual costs of disposal and cleaning and disinfection in accordance with the provisions of this chapter, except as provided in Section 031.

01.Time Limit for Slaughter. Payment of indemnity shall be made under Section 030 for animals destroyed because of brucellosis, only if the animals are shipped to slaughter or die otherwise within fifteen (15) days after the date of individual identification and tagging, except that the appropriate veterinarian in charge, for reasons satisfactory to him, may extend the period to thirty (30) days and the Deputy Administrator, Veterinary Services, for reasons satisfactory to him may extend it beyond thirty (30) days.(3-31-22)

02.Reactors That Die. Indemnity may be paid on brucellosis reactors that die before being sent to slaughter provided the reactors have been appraised and identified and die within fifteen (15) days from date of appraisal and written verification of the official ID of the dead carcass is provided by a state or federal animal health official.(7-1-26)

IDAPA 02.04.20.031 Brucellosis Indemnity: Claims Not Allowed

Claims for compensation for animals destroyed because of brucellosis shall not be allowed if any of the following circumstances exist:(3-31-22)

01.Failure to Comply. The owner has failed to comply with any of the rules governing the handling of brucellosis reactors.(3-31-22)

02.Illegal Imports. The animals were illegally imported into the state.(3-31-22)

03.Animals Sold for Slaughter. At the time of the test or condemnation, the animals belonged to or were upon the premises of any person to whom the animals had been sold, shipped, or delivered for slaughter.

04.Unapproved Test. The animals were subject to a test not approved by the Administrator. (3-31-22)

05.Untested Animals. All animals in the owner’s herd have not been tested for brucellosis under state or federal supervision.(3-31-22)

06.Premises Not Cleaned. The premises occupied by the brucellosis infected animals were not cleaned and disinfected as directed, under state or federal supervision.(3-31-22)

07.Neutered Animals. The animals were neutered.(3-31-22)

08.Attempt to Improperly Obtain Funds. There is substantial evidence that the owner or his agent has in any way been responsible for any attempt unlawfully or improperly to obtain indemnity funds for such

09.Unidentified Cattle and Domestic Bison. Cattle or domestic bison destroyed because of brucellosis, unless they were marked for identification in accordance with the Brucellosis UM&R.(7-1-26)

10.Calves. If the entire herd is not depopulated and the cattle or domestic bison were calves under one-hundred eighty (180) days of age.(3-31-22)

IDAPA 02.04.20.032 (Reserved)

IDAPA 02.04.20.100 Official Vaccination Required for Cattle and Domestic Bison

IDAPA 02.04.20.101 Official Vaccination

Female cattle and domestic bison may be officially vaccinated through one (1) of the following methods: (3-31-22)

01.Calfhood Vaccination. Female cattle and domestic bison native to the State of Idaho (State) or imported into the State that are calfhood vaccinated shall be done so in accordance with 9 CFR 78 and the Brucellosis UM&R.(7-1-26)

02.Adult Vaccination. Female cattle or domestic bison may be vaccinated as adults with the approval of the Administrator and shall be in accordance with 9 CFR 78 and the Brucellosis UM&R.(7-1-26)

a.The Administrator may make exceptions to the provisions of Section 101 of this rule on a case-bycase basis.(3-31-22)

03.Approval for Adult Vaccination. Accredited veterinarians shall request approval from the Administrator. The Administrator to vaccinate female cattle or domestic bison over three hundred sixty five (365) days of age.(7-1-26)

04.Adult Vaccinations Required. The Administrator may require animals at risk of becoming infected with brucellosis to be adult vaccinated.(7-1-26)

IDAPA 02.04.20.102 (Reserved)

IDAPA 02.04.20.103 Official Identification of Cattle and Domestic Bison

01.Official Vaccinates.

All official vaccinates shall be officially identified pursuant to 9 CFR 78 and the Brucellosis Eradication UM&R.(7-1-26)

02.Reactor and Suspect Animals. All animals designated as reactors or suspects by the designated brucellosis epidemiologist shall be marked in accordance with the Brucellosis Eradication UM&R.(7-1-26)

IDAPA 02.04.20.104 Re-Identification of Official Vaccinates

No female cattle or domestic bison that were of ficially vaccinated against brucellosis shall be re-tattooed or re-eartagged with the official vaccination eartag under the following conditions:(7-1-26)

01.Administrator Grants Permission. Animals may be re-tattooed only by accredited veterinarians who have obtained permission from Administrator prior to the time the animals are re-tattooed.(3-31-22)

02.Official Identification. Animals that are presented for re-tattooing shall have official identification which will identify the animals as those originally tattooed provided the official identification was submitted on the original vaccination record.(7-1-26)

03.Reproduction of Original Tattoo. Re-tattooing shall reproduce the original tattoo at the time of vaccination.(7-1-26)

04.Records. The veterinarian who performs the re-tattooing shall record the official identification of the vaccinates and submit a new vaccination record to the Division of Animal Industries within ten (10) days of the date of re-tattooing.(7-1-26)

IDAPA 02.04.20.105 (Reserved)

IDAPA 02.04.20.120 Brucellosis Eradication Areas

The Director is authorized to declare the entire state, a portion of the state, entire county or part of a county an eradication area, pursuant to Idaho Code, Section 25-604, in order to contain an outbreak of brucellosis and prevent spread of brucellosis to cattle, domestic cervidae, swine and other animals in other counties and areas of the state.

01.Circumstances Under Which Testing Is Required. Test eligible cattle, domestic bison, or other brucellosis susceptible species:(3-31-22)

a.Shall be subjected to an official brucellosis test within the thirty (30) days immediately preceding sale or movement out of an eradication area.(3-31-22)

b.For cattle or domestic bison consigned on a permit to a specifically approved stockyard, the brucellosis test requirement may be fulfilled at the stockyard by testing the cattle or domestic bison prior to sale.

02.Test Exemptions. Test eligible cattle and domestic bison from eradication areas, consigned on a permit directly from a farm or ranch of origin to an approved slaughter establishment, or to a specifically approved stockyard for sale directly to an approved slaughter establishment, shall be exempt from pre-movement testing.

03.Discontinuance of Eradication Area. The eradication area designation shall exist only for the period of time necessary for the elimination of brucellosis infection from cattle and domestic bison in the area. After infection has been eliminated and Idaho has retained or regained brucellosis free status, the Director shall remove the eradication status from the area and the testing requirements shall be discontinued.(3-31-22)

IDAPA 02.04.20.121 Test Eligible Cattle and Domestic Bison in an Eradication Area

Test eligible cattle and domestic bison in an eradication area are:(3-31-22)

01.Unvaccinated or Vaccinated with Brucella Abortus Strain RB 51 Vaccine. Intact male and female cattle and domestic bison that are six (6) months of age or older.(3-31-22)

IDAPA 02.04.20.122 Movement Out of Eradication Areas

Cattle or domestic bison shall not be moved into or out of an eradication area except by the authorization of the Administrator.(7-1-26)

01.Permits Authorizing Movement. Movement of cattle or domestic bison out of an eradication area shall require a permit issued by the Administrator on an approved form.(7-1-26)

IDAPA 02.04.20.123 Designated Surveillance Area (dsa)

All intact cattle and domestic bison that reside or seasonally graze within a DSA are subject to additional rule requirements for the prevention or eradication of brucellosis.(7-1-26)

01.Individual Identification Requirements. All intact cattle and domestic bison, regardless of age, that leave the DSA must be identified with official individual electronic identification.(7-1-26)

02.Testing Requirements Within The DSA. The following official brucellosis test requirements apply to all test eligible cattle and domestic bison that are or have been located within the DSA at any time between January 1 and June 15 of any calendar year.(3-31-22)

a.All test eligible cattle and domestic bison must have a negative brucellosis test within thirty (30) days prior to a change of ownership, interstate movement or prior to leaving the DSA, except cattle or domestic bison moving directly to an approved Idaho livestock market or a federally-inspected slaughter plant that will test the animals for brucellosis on arrival.(3-31-22)

b.Variances or exceptions to the brucellosis testing requirements may be considered on an individual basis by the administrator, based upon a brucellosis herd management plan.(3-31-22)

03.Permit Required for Movement Out of the DSA. In addition to the above testing requirements and prior to movement, all persons transporting Test Eligible cattle or domestic bison from within the DSA to a location outside the DSA, shall be required to obtain a movement permit via electronic submission on an approved form from the Division of Animal Industries at least twenty-four (24) hours in advance. The permit will be valid for fifteen (15) days from issuance.(7-1-26)

a.Penalties. Any person that fails to obtain a permit prior to movement of cattle out of the DSA may be assessed penalties pursuant to Section 990.(7-1-26)

IDAPA 02.04.20.124 (Reserved)

IDAPA 02.04.20.130 Movement of Infected and Exposed Cattle or Domestic Bison

All movement of infected or exposed cattle or domestic bison shall be on a restricted movement permit in accordance with the Brucellosis Eradication UM&R.(7-1-26)

IDAPA 02.04.20.131 (Reserved)

IDAPA 02.04.20.200 Idaho Approved Feedlot

Female cattle and domestic bison that have not been officially vaccinated for brucellosis shall not be fed for slaughter except in Idaho approved feedlots, with no provisions for pasturing or grazing. Application for Idaho Approved Feedlot status shall be made on a form available from the Administrator. Applications for Approved Feedlot Status will be considered under the following conditions:(7-1-26)

01.Cattle Secured. The feedlot management has demonstrated that cattle which have not been officially vaccinated can be secured in the feedlot; and(7-1-26)

02.Adequate Records. Feedlot records are adequate to show the origin and disposition of the cattle in the feedlot; and(7-1-26)

03.Adequate Resources. The Administrator determines that the Division of Animal Industries has adequate human and fiscal resources to assure that the feedlot abides by the provisions of this chapter; and (7-1-26)

04.Inspection. A state or federal animal health official has completed an inspection of the feedlot.

05.Past History. The Administrator may take any past enforcement or violation history into consideration when making the final determination of whether or not to approve a feedlot.(7-1-26)

IDAPA 02.04.20.201 (Reserved)

IDAPA 02.04.20.204 Expiration of Approved Status

Approved feedlot status shall expire on September 1 of each year. It shall be the responsibility of feedlot management to apply each year for renewal of approved status.(3-31-22)

IDAPA 02.04.20.205 (Reserved)

IDAPA 02.04.20.250 Content of Records for Approved Feedlots

All approved feedlots shall keep accurate and complete records of all cattle and domestic bison that enter the approved feedlot. These records shall readily show:(3-31-22)

01.Animals Received. The number, species, age, sex, brand, origin, date of entry, individual identification when required, and final disposition of all cattle and domestic bison received at the feedlot; and

02.Animals Removed from Feedlot. The date of removal or sale, and destination of any animals removed; and(3-31-22)

03.Death Loss. Cattle and domestic bison losses by accident, disease or death shall be accurately recorded; and(3-31-22)

04.Requirements. That all applicable permit, test, examination, identification, and vaccination requirements have been met.(3-31-22)

IDAPA 02.04.20.251 Records Retention

Feedlot records shall be retained by the feedlot for a period of not less than one (1) year following removal of the cattle or domestic bison from the feedlot.(3-31-22)

IDAPA 02.04.20.252 Entry Requirements

Idaho Approved Feedlots are allowed to feed all classes of cattle an d domestic bison, except brucellosis-exposed, suspect, or reactor cattle and domestic bison.(7-1-26)

IDAPA 02.04.20.253 Removal Requirements

All cattle and domestic bison, except steers and spayed heifers , leaving Idaho Approved Feedlots shall have been held separate and apart from all other feedlot cattle since arrival at the feedlot, and their isolation maintained until the vaccinated cattle or domestic bison are removed from the feedlot. Additional removal requirements are as follows:

01.Direct to Slaughter. Shall be identified on a weigh bill or other certificate and moved directly to slaughter at an approved slaughter establishment; or(3-31-22)

02.Direct to Another Idaho Approved Feedlot. Shall be identified on a Certificate of Veterinary Inspection and moved directly to another Idaho Approved Feedlot; or(3-31-22)

03.Direct to Livestock Market. Shall be consigned directly to a specifically approved livestock market for sale to slaughter, or other qualified destination; or(3-31-22)

04.Direct Out of State. Shall be consigned directly to a qualified out of state destination.(3-31-22)

05.Official Calfhood Vaccinates. Officially calfhood vaccinated female cattle or domestic bison may be removed from an Idaho Approved Feedlot for breeding, dairy, or grazing purposes.(7-1-26)

06.Official Adult Vaccinates. Officially adult vaccinated female cattle or domestic bison may be removed from an Idaho Approved Feedlot for breeding, dairy, or grazing purposes provided that the following conditions are met:(3-31-22)

a.Female cattle or domestic bison that are three-hundred sixty-five (365) days of age or older at the time of vaccination have tested negative to an official brucellosis test within ten (10) days prior to vaccination; and

b.The female cattle or domestic bison are vaccinated with RB 51 Brucella abortus vaccine, with a dose approved by the Administrator, within ten days of the negative brucellosis test; and(7-1-26)

c.All female cattle or domestic bison in the isolation pen are negative on an official brucellosis test prior to the vaccination and removal of any cattle from the isolation pen; and(3-31-22)

d.The female cattle or domestic bison are identified on a Certificate of Veterinary Inspection at the time of removal.(3-31-22)

07.Intact Males. Intact male cattle and domestic bison may be removed from an Idaho Approved Feedlot for breeding, dairy, or grazing purposes provided that the following conditions are met:(3-31-22)

a.The intact male cattle or domestic bison have been tested negative to trichomoniasis tests as provided in the trichomoniasis rules, IDAPA 02.04.03, “Rules of the Department of Agriculture Governing Animal Industry,” Section 220.(3-31-22)

b.The intact male cattle or domestic bison are examined, tested for brucellosis, and identified on a Certificate of Veterinary Inspection at the time of removal.(3-31-22)

08.Approval of the Administrator. Vaccinated female cattle and intact male cattle being removed from the feedlot for breeding, dairy or grazing purposes shall not be removed without prior notification to the administrator.(7-1-26)

IDAPA 02.04.20.254 (Reserved)

IDAPA 02.04.20.255 Inspection

The feedlot premises, the cattle or domes tic bison therein, and the feedlot records shall be presented for inspection to the Administrator at any reasonable time.(3-31-22)

IDAPA 02.04.20.256 Revocation of Approved Feedlot Status

The Administrator may revoke approved feedlot status by notifying the owner in writing.(3-31-22) 01.

Failure to Comply. In addition to any other department administrative or civil action, failure on the part of the feedlot operator to comply with the requirements of this chapter shall result in revocation of the Idaho Approved Feedlot status.(3-31-22)

02.Operator Request. Operators may have the approved status revoked by emptying the feedlot and requesting in writing that the status be revoked.(3-31-22)

03.Regulation Changes. Idaho Approved Feedlot status may be revoked at such time as revocation is required by changes in state or federal rules or regulations.(3-31-22)

04.Disposition of Cattle and Domestic Bison. Should the Idaho Approved Feedlot status be revoked, cattle and domestic bison still in the feedlot shall be removed from the feedlot as provided in Section 252. The Administrator shall have the authority to impose time limits for removal of cattle and bison.(7-1-26)

IDAPA 02.04.20.257 (Reserved)

02.04.19 Rules Governing Domestic Cervidae

IDAPA 02.04.19.000 Legal Authority

This chapter is adopted under the legal authority of Secti ons 25-203, 25-305, 25-601, and 25-3704, Idaho Code.

IDAPA 02.04.19.001 Scope

These rules govern procedures for the detection, prevention, control and eradication of diseases among domestic cervidae, and facilities, record keeping, and reporting requirements of domestic cervidae ranches.(3-15-22)

IDAPA 02.04.19.002 (Reserved)

IDAPA 02.04.19.004 Incorporation by Reference

The following documents are incorporated by reference.(3-15-22)

01.Bovine Tuberculosis Eradication, Uniform Methods and Rules, Effective January 1, 2005.

This document can be viewed online at https://www.aphis.usda.gov/animal_health/animal_diseases/tuberculosis/ downloads/tb-umr.pdf.(3-15-22)

02.Code of Federal Regulations, Title 9, Part 161, January 1, 2021. This document can be viewed online at https://www.govinfo.gov/content/pkg/CFR-2016-title9-vol1/pdf/CFR-2016-title9-vol1-chapI-toc-id4.pdf.

03.Code of Federal Regulations, Title 9, Part 55, January 1, 2021.This document can be viewed online at https://www.govinfo.gov/content/pkg/CFR-2016-title9-vol1/pdf/CFR-2016-title9-vol1-chapI-toc-id4.pdf.

04.Code of Federal Regulations, Title 9, Subchapter A, Part 1 and 2, January 1, 2021.This document can be viewed online at https://www.govinfo.gov/content/pkg/CFR-2016-title9-vol1/pdf/CFR-2016-title9vol1-chapI-toc-id4.pdf.(3-15-22)

IDAPA 02.04.19.005 (Reserved)

IDAPA 02.04.19.010 Definitions

01.Approved Laboratory. NVSL, an AAVLD accredited laboratory that is qualified to perform CWD diagnostic procedures, or a laboratory designated by the Administrator to perform CWD diagnostic procedures.

02.Approved Slaughter Establishment. A USDA inspected slaughter establishment at which antemortem and post-mortem inspection is conducted by USDA inspectors.(3-15-22)

03.Area Veterinarian in Charge. The USDA/APHIS/VS veterinary official who is assigned to supervise and perform official animal health activities in Idaho.(3-15-22)

04.Breed Associations and Registries. Organizations maintaining permanent records of ancestry or pedigrees of animals, individual animal identification records and records of ownership.(3-15-22)

05.Cervid Herd. One (1) or more domestic cervidae or groups of domestic cervidae maintained on common ground or under common ownership or supervision that may be geographically separated but can have interchange or movement.(3-15-22)

06.Cervidae. Deer, elk, moose, caribou, reindeer, and related species and hybrids including all members of the cervidae family and hybrids.(3-15-22)

07.Chronic Wasting Disease (CWD). A transmissible spongiform encephalopathy of cervids that is a nonfebrile, transmissible, insidious, and degenerative disease affecting the central nervous system of cervidae.

08.Custom Exempt Slaughter Establishment. A slaughter establishment that is subject to facility inspection by USDA, but that does not have ante-mortem and post-mortem inspection of animals by USDA inspectors.(3-15-22)

09.CWD-Adjacent Herd. A herd of domestic cervidae occupying premises that border a premises occupied by a CWD positive herd, including herds separated by roads or streams.(3-15-22)

10.CWD-Suspect Herd. A domestic cervidae herd in which any animal(s) has been determined to be a CWD-suspect.(3-15-22)

11.Death Certificate. A form, approved by the administrator, provided by the Division for the reporting of cervidae deaths and for reporting sample submission for CWD testing.(3-15-22)

12.Designated Epidemiologist. A state or federal veterinarian who has demonstrated the knowledge and ability to perform the functions required under these rules and who has been selected by the Administrator to fulfill the epidemiology duties relative to the state domestic cervidae disease control program.(3-15-22)

13.Disposal. Final disposition of dead cervidae.(3-15-22)

14.Domestic Cervidae. Fallow deer (Dama dama), elk (Cervus elaphus) or reindeer (Rangifer tarandus) owned by a person.(3-15-22)

15.Domestic Cervidae Ranch. A premises where domestic cervidae are held or kept, including multiple premises under common ownership.(3-15-22)

16.Electronic Identification. A form of unique, permanent individual animal identification such as radio frequency identification tag, radio frequency identification implant, or other forms approved by the

17.Endemic Area. A geographical area designated by a state animal health official in the state of origin where animals located within that area are subject to an increased risk of acquiring a contagious disease. Most commonly in reference to Tuberculosis or Chronic Wasting Disease.(3-15-22)

18.Escape. Any domestic cervidae located outside the perimeter fence of a domestic cervidae ranch and not under the immediate control of the owner or operator of the domestic cervidae ranch.(3-15-22)

19.Federal Animal Health Official. An employee of USDA/APHIS/VS who is authorized to perform animal health activities.(3-15-22)

20.Harvest. Any healthy domestic cervid that is intentionally and lethally removed from a domestic cervidae facility, by an owner, designated employee or customer of the facility, strictly for the purposes of either shooting or meat production. Harvested includes cervids slaughtered at an approved or custom-exempt slaughter establishment.(3-15-22)

21.Herd of Origin. A cervid herd, on any domestic cervidae ranch or other premise, where the animals were born, or where they were kept for at least one (1) year prior to date of shipment.(3-15-22)

22.Herd Status. Classification of a cervidae herd with regard to CWD.(3-15-22)

23.Intrastate Movement Certificate. A form approved by the Administrator, and available from the Division, to document the movement of domestic cervidae between premises within Idaho.(3-15-22)

24.Individual CWD Herd Plan. A written herd management agreement and testing plan developed by the herd owner and approved by the Administrator to identify and eradicate C WD from a positive, source, suspect, exposed, or adjacent herd.(3-15-22)

25.National CWD Herd Certification Program. A federal-state-industry cooperative program administered by APHIS and implemented by participating states that establishes CWD surveillance and testing standards that owners must achieve before interstate transport of cervids will be permitted.(3-15-22)

26.Official CWD Test. A test approved by the Administrator and conducted at an approved laboratory to diagnose CWD where both obex and medial retropharyngeal lymph node samples were submitted for testing.

27.Official Identification. Identification, approved by the Administrator, that individually, uniquely, and permanently identifies each cervid.(3-15-22)

28.Operator. A person who has authority to manage or direct a domestic cervidae ranch.(3-15-22)

29.Premises. The ground, area, buildings, and equipment utilized to raise, propagate, control, or harvest domestic cervidae.(3-15-22)

30.Quarantine. An order issued on authority of the Administrator, by a state or federal animal health official or accredited veterinarian, prohibiting movement of cervids from any location without a written restricted movement permit.(3-15-22)

31.Quarantine Facility. A confined area where selected domestic cervidae can be secured and isolated from all other cervidae and livestock.(3-15-22)

32.Ranch Management Plan. A written plan for a domestic cervidae ranch that sets forth best management practices that mitigates the introduction or dissemination of disease among domestic cervidae.

33.Reidentification. The identification of a domestic cervid which had been officially identified, as provided by this chapter, but which has lost the official identification device, or the tattoo or official identification device has become illegible.(3-15-22)

34.Restrain. The immobilization of domestic cervidae in a chute, other device, or by other means for the purpose of efficiently, effectively, and safely inspecting, treating, vaccinating, or testing. (3-15-22)

35.Restricted Movement Permit. An official document that is issued by the Administrator, AVIC, or an accredited veterinarian for movement of animals from positive, suspect, or exposed herds.(3-15-22)

36.Source Herd. The herd or herds from where a producer acquired their existing livestock. (3-15-22)

37.State Animal Health Official. The Administrator, or Administrator’s designee.(3-15-22)

38.Status Date. The date on which the Administrator approves in writing a herd status change with regard to CWD.(3-15-22)

39.Tissues. The obex and medial retropharyngeal lymph node (MRPLN) tissue required for screening elk and deer for Chronic Wasting Disease.(7-1-25)

40.Trace Back Herd. An exposed herd in which at least one (1) CWD positive animal resided within any of the previous sixty (60) months prior to diagnosis with CWD.(3-15-22)

41.Trace Forward Herd. A herd that has received exposed animals from a positive herd within sixty (60) months prior to the diagnosis of CWD in the positive herd or from the identified point of entry of CWD into the positive herd. (3-15-22)

42.Traceback. The process of identifying the movements and the herd of origin of CWD positive, or exposed animals, including herds that were sold for slaughter.(3-15-22)

43.Wild Cervidae. Any cervid animal not owned by a person.(3-15-22)

44.Wild Ungulate. Any four (4) legged, hoofed herbivore, including cervids and other ruminants, not owned by a person.(3-15-22)

45.Wild Ungulate Cooperative Herd Plan. A plan, developed cooperatively by the owner of the domestic cervidae ranch, the ISDA, and the Idaho Department of Fish and Game to determine the disposition of any wild ungulates that are found to be located on a domestic cervidae ranch.(3-15-22)

IDAPA 02.04.19.011 Abbreviations

01.AAVLD. American Association of Veterinary Laboratory Diagnosticians.(3-15-22)

02.APHIS. Animal and Plant Health Inspection Service.(3-15-22)

03.AVIC. Area Veterinarian in Charge.(3-15-22)

04.AZA. Association of Zoos and Aquariums.(3-15-22)

05.CFR. Code of Federal Regulations.(3-15-22)

06.CWD. Chronic Wasting Disease.(3-15-22)

07.HCP. Herd Certification Program.(3-15-22)

08.ISDA. Idaho State Department of Agriculture.(3-15-22)

09.NAEBA. North American Elk Breeders Association.(3-15-22)

10.NVSL. National Veterinary Services Laboratory.(3-15-22)

11.TB. Tuberculosis.(3-15-22)

12.UM&R. Uniform Methods and Rules.(3-15-22)

13.USDA. United States Department of Agriculture.(3-15-22)

14.VS. Veterinary Services.(3-15-22)

IDAPA 02.04.19.012 Applicability

These rules apply to all domestic cervidae located in, imported into, exported from, or transported through the state of Idaho.(3-15-22)

IDAPA 02.04.19.013 (Reserved)

IDAPA 02.04.19.020 Location of Domestic Cervidae

Any person who owns or has control of domestic cervidae in Ida ho that are not located on a domestic cervidae ranch that is in compliance with the applicable provisions of this chapter is in violation of these rules.(3-15-22)

01.Department Action. In addition to any other administrative or civil action, the department may seize, require removal from the state, require removal to a domestic cervidae ranch that is in compliance with the provisions of this chapter, or require disposal of any domestic cervidae that are not located on a domestic cervidae ranch, an AZA accredited facility, or a USDA licensed facility which is in compliance with the provisions of this

02.Exceptions. The Administrator may grant exceptions from the provisions of Section 020 on a case

03.Natural Disasters. Damage caused to domestic cervidae ranch facilities by natural disasters does not constitute a violation of this chapter, provided that the owner or operator begins any necessary repairs immediately upon discovering the damage, acts expeditiously, as determined by the Administrator, to complete any necessary repairs and reports the extent and cause of any damage to the Division within twenty-four (24) hours of the discovery of the damage.(3-15-22)

04.Notification of Temporary Exhibition. Producers must notify ISDA, in advance, of any event where a reindeer will be exhibited outside of an approved cervidae facility. ISDA must be provided with the date and location of the event as well as a description of the temporary facility and an escape plan protocol.(3-15-22)

IDAPA 02.04.19.021 Official Identification

All domestic cervidae must be individually, permanently, and uniquely identified, with two (2) types of official iden tification approved by the Administrator.(3-15-22)

01.Reporting of Identification. The unique individual identification number, type of identification, and the name, address, and telephone number of the owner of each animal identified must be reported to the Administrator, in writing, by the owner or operator. (3-15-22)

02.Identification Assigned. Official identification, once assigned to an individual animal, may not be changed or transferred to another animal. Animals that lose identification devices must be re-identified in accordance with Section 031.(3-15-22)

03.Progeny. All progeny of domestic cervidae must be officially identified by December thirty-first of the year of birth, upon sale or transfer of ownership, or upon leaving the domestic cervidae ranch, whichever is earlier.(3-15-22)

04.Visible Identification. At least one (1) of the official types of identification used must be visible from one hundred and fifty (150) feet.(3-15-22)

IDAPA 02.04.19.022 Types of Official Identification

All domestic cervidae must be individually identified by two (2) of the following types of official identification, at least one (1) of the types of official identification must be a bangle or lamb tag that is visible from one hundred fifty (150) feet.(3-15-22)

01.Official USDA Ear Tag.(3-15-22)

02.Tattoo. Legible skin tattoo using an alphanumeric tattoo sequence that has been recorded with the Division of Animal Industries and applied to either the ear or escutcheon.(3-15-22)

03.Electronic Identification. A form of electronic identification, approved by the Administrator.

04.Official NAEBA Ear Tag.(3-15-22)

05.Official ISDA Cervidae Program Ear Tag. A tamper resistant, unique number sequenced, individual identification tag approved by the Administrator.(3-15-22)

06.Official HASCO Brass Lamb Tag. A brass lamb tag engraved with farm name and individual animal identification number.(3-15-22)

07.Ranch Specific Unique Bangle or Lamb Tags. The Administrator may grant written approval for the use of bangle or lamb tags that are: ranch specific; tamper resistant; uniquely numbered; and correlated with another type of official identification on the annual inventory report.(3-15-22)

08.Other Identification. Other forms of unique individual identification approved by the

IDAPA 02.04.19.023 (Reserved)

IDAPA 02.04.19.030 Official Visible Identification

01.Ear Tags. All domestic cervidae must be identified with a bangle or lamb tag that is visible from one hundred fifty (150) feet.(3-15-22)

02.Size. The large portion of the bangle or lamb tag must be at least two (2) square inches. (3-15-22)

03.Color. No visible identification may have a primary color of brown, black, pink, tan, or silver.

04.Camouflage Patterns. No visible identification may utilize camouflage patterns.(3-15-22)

IDAPA 02.04.19.031 Reidentification of Domestic Cervidae

Permanent official identification in domestic cervidae that has been lost or is no longer legible may be replaced only for the purpose to reestablish their original identity. (3-15-22)

01.Records. All animals that have been re-identified must be reconciled to their original identification on the annual ISDA inventory form, due on Dec. 31st of each year.(3-15-22)

IDAPA 02.04.19.032 (Reserved)

IDAPA 02.04.19.040 Inspections

To prevent the introduction and dissemination, or to control and eradicate diseases, state and federal animal health officials are authorized to inspect cervidae records, premises, facilities, and domestic cervidae to ensure compliance with the provisions of this chapter and other state or federal laws or rules applicable to domestic cervidae. State and federal animal health officials must comply with the operation’s biosecurity protocol so long as the protocol does not inhibit reasonable access to:(3-15-22)

01.Entry. Enter and inspect, at reasonable times, the premises of domestic cervidae ranches and inspect domestic cervidae.(3-15-22)

02.Access to Records. Review or copy, at reasonable times, any records that must be kept in accordance with these rules.(3-15-22)

IDAPA 02.04.19.041 (Reserved)

IDAPA 02.04.19.060 Wild Cervidae

Wild cervidae may not be confined, kept, or held on a domestic cervidae ranch.(3-15-22)

01.Duty of Ranch Owner. It is the duty of owners of all domestic cervidae ranches to take precautions, and to conduct periodic inspections, to ensure that wild cervidae are not located within the perimeter fence of any domestic cervidae ranch.(3-15-22)

02.Notification of Administrator. All owners or operators of domestic cervidae ranches must notify the Administrator within twenty-four (24) hours of gaining knowledge of the presence of wild cervidae inside the perimeter fence of the domestic cervidae ranch.(3-15-22)

03.Failure to Notify the Administrator. The failure of any owner or operator of a domestic cervidae ranch to notify the Administrator of the presence of wild cervidae within the perimeter fence of a domestic cervidae ranch is a violation of this chapter.(3-15-22)

04.Idaho Department of Fish and Game. Upon receiving notification that wild cervidae are on a domestic cervidae ranch, the Administrator will notify the Idaho Department of Fish and Game.(3-15-22)

IDAPA 02.04.19.061 (Reserved)

IDAPA 02.04.19.070 Supervision of Domestic Cervidae Program

A department veterinary medical officer will provide rou tine supervision of the domestic cervidae program.

IDAPA 02.04.19.071 (Reserved)

IDAPA 02.04.19.090 Fees

01.Annual Assessment Fee.

A fee, not to exceed ten dollars ($10) per head per year on elk or three dollars ($3) per head per year on fallow deer and reindeer, is hereby assessed on all domestic cervidae in the state to cover the cost of administering the program covered in these rules. The fee includes all domestic cervidae present at the ranch as of December 31. This fee is due January first of each year. The annual assessment fee may be reduced if program revenue accumulates to a balance of at least one hundred thousand dollars ($100,000) in excess of the projected annual cost of operating the program, as determined by the Department on July 1 of each year.(3-15-22)

02.Import, Export, and Movement Fees. The fees imposed in Section 25-3708(2) through (4), Idaho Code, are due no later than December 31 of each year.(3-15-22)

IDAPA 02.04.19.091 (Reserved)

IDAPA 02.04.19.100 Domestic Cervidae Ranches

In order to prevent the introduction or dissemination of dis eases, and to control or eradicate diseases, all domestic cervidae ranches must comply with the disease control, facility, and record keeping requirements and all other provisions of this chapter. Each separate premises where domestic cervidae are kept or held must comply with all of the provisions of this chapter.(3-15-22)

IDAPA 02.04.19.101 Domestic Cervidae Ranch Facility Requirements

Prior to populating the facility with domestic cervids, all domestic c ervidae ranches are required to have facilities that include, but are not limited to, perimeter fence, restraining system, gathering system, water system, and if required, a quarantine facility.(3-15-22)

01.Maintenance. All facilities must be maintained at all times that domestic cervidae are present, to prevent the escape of domestic cervidae or ingress of wild cervidae.(3-15-22)

02.Inspections. To ensure compliance with this chapter, state or federal animal health officials will inspect all premises where domestic cervidae are, or will be, possessed, controlled, harvested, propagated, held, or kept.(3-15-22)

IDAPA 02.04.19.102 Perimeter Fence Requirements

A perimeter fence, completely enclosing the domestic cervi dae ranch to be constructed of high-tensile, non-slip woven wire or other fencing material approved by the Administrator.(3-15-22)

01.Elk and Fallow Deer. For elk and fallow deer, the fence must be a minimum of eight (8) feet in height for its entire length at all times.(3-15-22)

02.Reindeer. For reindeer, fences constructed and approved prior to 2021 must be at least six (6) feet in height for its entire length at all times. All reindeer fences constructed and approved in 2021 or later must be at least eight (8) feet in height for its entire length at all times.(3-15-22)

03.Wire. The top two (2) feet of each fence may be smooth, barbed or woven wire (at least twelve and one-half (12-1/2) gauge) with horizontal strands spaced not more than six (6) inches apart.(3-15-22)

a.Wire must be placed on the animal side of the fence to prevent pushing the wire away from the posts. (3-15-22)

b.Wire must be attached to all posts at the top, bottom, and not more than eighteen (18) inches apart between the top and bottom of the wire.(3-15-22)

04.Posts. Wooden posts used in the perimeter fence must be at least butt-end treated with a commercially available preservative and have a minimum of four (4) inch top for line posts and a minimum of five (5) inch top for corner posts. Metal pipe posts must be a minimum of two and one-eighth (2-1/8) inches outside diameter with a three-sixteenths (3/16) inch wall thickness for line posts and two and seven-eighths (2-7/8) inches outside diameter with a seven thirty-seconds (7/32) inch wall thickness for corner posts. Posts must be spaced no more than twenty-four (24) feet apart, with stays, supports or braces as needed, and be placed in the ground a minimum of three (3) feet.(3-15-22)

05.Gates. Each domestic cervidae ranch must have gates that prohibit the escape of domestic cervidae or the ingress of wild cervidae.(3-15-22)

06.Fence Maintenance. Fences must be maintained at all times that domestic cervidae are present, to prevent domestic cervidae from escaping or native wild cervidae from entering the enclosure.(3-15-22)

07.Exceptions. The Administrator may grant exceptions to the specifications in Section 102 on a case

IDAPA 02.04.19.103 Gathering and Restraining System

Each domestic cervidae ranch must have a system for humanely and effectively gathering and restraining domestic cervidae for the purpose of inspecting, identifying, treating, or testing of animals by state or federal animal health officials.(3-15-22)

01.Gathering System. Each domestic cervidae ranch must have a system that facilitates the gathering of domestic cervidae so as to be able to move the domestic cervidae through the restraining system, at any time of the year that domestic cervidae are present.(3-15-22)

02.Restraining System. A system approved by the Administrator, to immobilize domestic cervidae for the purpose of efficient, effective, and safe handling for inspecting, treating, vaccinating, or testing.(3-15-22)

03.Exceptions. The Administrator may grant exceptions to the provisions of this section on a case

IDAPA 02.04.19.104 Quarantine Facility

If animals are to be imported onto the domestic cervidae ranch, a quarantine facility, approved by the Administrator, must be provided for holding animals until any disease retesting is accomplished or other requirements are met.

IDAPA 02.04.19.105 (Reserved)

IDAPA 02.04.19.200 Records and Reporting

01.Reports. Owners of domes tic cervidae ranches must submit complete and accurate reports to the Administrator. Failure to submit complete and accurate reports within the designated time frames is a violation of this

02.Records. All owners of domestic cervidae ranches, during normal business hours, must present to state or federal animal health officials, for inspection, review, or copying, any cervidae records deemed necessary to ensure compliance with the provisions of this chapter.(3-15-22)

03.Notification. State animal health officials will attempt to notify the owners or operators of domestic cervidae ranches, and premises where records are kept prior to any inspections.(3-15-22)

04.Emergencies. In the event of an emergency, as determined by the Administrator, the notification requirements of Section 200 may be waived.(3-15-22)

IDAPA 02.04.19.201 Annual Inventory Report

01.Inventory Report.

All owners of domestic cervidae ranches must submit annually, to the Administrator, a complete and accurate inventory and summary report form of all animals held no later than December 31 st of each year containing the following minimum information:(3-15-22)

a.Name and address of the domestic cervidae ranch.(3-15-22)

b.Name and address of the owner of the domestic cervidae ranch.(3-15-22)

c.Date the inventory was completed.(3-15-22)

02.Individual Domestic Cervidae. For each individual domestic cervidae that was located on the domestic cervidae ranch during the year for which the report is being made, the following information must be provided:(3-15-22)

a.All types of official and unofficial identification;(3-15-22)

b.Species;(3-15-22)

c.Sex; and(3-15-22)

d.Age or year born.(3-15-22)

IDAPA 02.04.19.202 Inventory Verification

01.Visible Identification. Individual animal identification verification ma y be accomplished by visually noting the unique official visible identification number or visually noting an unofficial visible identification number if the number is correlated with two (2) forms of official identification on the inventory submitted by the cervidae producer. The Administrator may, on a case by case basis, grant written permission for ranch specific unique bangle tags to be used for official identification.(3-15-22)

02.Duty to Gather and Restrain. It is the duty of the owner of each domestic cervidae ranch to gather and restrain any domestic cervidae that state or federal animal health officials determine are not readily identifiable for inventory verification purposes. The Administrator determines the suitability of the restraint system. (3-15-22)

IDAPA 02.04.19.203 (Reserved)

IDAPA 02.04.19.204 Escape of Domestic Cervidae

It is the duty of each owner or operator of a domestic cervidae ranch to take all reasonable actions to prevent the escape of domestic cervidae from a domestic cervidae ranch. (3-15-22)

01.Notification of Escape. When any domestic cervidae escape from a domestic cervidae ranch, the owner or operator of the domestic cervidae ranch must notify the Administrator by phone, facsimile, or other means approved by the administrator within twenty-four (24) hours of the discovery of the escape.(3-15-22)

02.Duty to Retrieve Escaped Cervidae. It is the duty of each owner or operator of a domestic cervidae ranch to retrieve or otherwise bring under control all domestic cervidae that escape from a domestic cervidae ranch.(3-15-22)

03.Fish and Game. The Administrator will notify the Idaho Department of Fish and Game of each escape.(3-15-22)

04.Capture. In the event that the owner or operator of a domestic cervidae ranch is unable to retrieve escaped domestic cervidae in a timely manner, as determined by the Administrator, the Administrator may effectuate the capture of the escaped domestic cervidae to ensure the health of Idaho’s livestock and wild cervidae populations.

05.Failure to Notify. Failure of any owner or operator of a domestic cervidae ranch to notify the Administrator within twenty-four (24) hours of the discovery of an escape of domestic cervidae is a violation of this

06.Taking of Escaped Domestic Cervidae. A licensed hunter may legally take domestic cervidae that have escaped from a domestic cervidae ranch only under the following conditions:(3-15-22)

a.The domestic cervidae has escaped and has not been in the control of the owner or operator of the domestic cervidae ranch for more than seven (7) days; and(3-15-22)

b.The hunter is licensed and in compliance with all the provisions of the Idaho Department of Fish and Game rules and code.(3-15-22)

IDAPA 02.04.19.205 Notice of Death

All domestic cervidae that die on a ranch or are sent to slaughter must be reported to the Department except for calves that died prior to being reported on an annual inventory.(3-15-22)

01.Submission of Death Certificates. A complete and accurate copy of all CWD sample submission forms/death certificates must be submitted to the division on a form approved by the Administrator no later than Dec. 31st in the calendar year the animal died.(3-15-22)

206 – 207.(RESERVED)

IDAPA 02.04.19.208 Intrastate Movement Certificate

All owners of domestic cervidae ranches who move cervidae, from one premises to another, including movement from one (1) premises to another premises owned, operated, leased, or controlled by the owner, within the state of Idaho must submit, to the Administrator, a complete and accurate intrastate movement certificate signed by the owner, no later than Dec. 31st in the calendar year the movement occurred. The intrastate movement report must be submitted to the division on a form approved by the Administrator.(3-15-22)

IDAPA 02.04.19.209 Ranch Management Plan

01.Mandatory Ranch Management Plan. Dom estic cervidae ranches are required to develop and implement an approved ranch management plan if the ranch is found in violation of Sections 060, 204 or 500 of these rules. The ranch management plan must be completed and implemented within six (6) months of the disposition of the violation. For the ranch management plan, the Administrator will conduct a risk assessment considering the factors in Subsection 209.03. Failure to comply with the mandatory ranch management plan is a violation of these rules. (3-15-22)

02.Risk Assessment for Ranch Management Plans. The Administrator will conduct a risk assessment for each ranch management plan. A ranch management plan will not include a double fencing requirement but may require that double gates be installed. The Administrator will consider the following factors when conducting a risk assessment at a domestic cervidae ranch:(3-15-22)

a.Risk of egress. The risk of egress may be evaluated based on, but not limited to, history of domestic cervidae escape during the previous five (5) years, recovery rate of escaped domestic cervidae, length of time domestic cervidae were outside of the perimeter fence, annual average precipitation, topography, altitude and tree density.(3-15-22)

b.Risk of ingress. The risk of ingress may be evaluated on, but not limited to, history of ingress during the previous five (5) years, annual average precipitation, topography, altitude, tree density and proximity to wildlife migration corridors.(3-15-22)

c.Compliance with CWD sample submission. The Administrator may, based on a risk assessment of the facility, adjust the number of tissue sample submissions required under this rule. The adjustment will be based on, but not limited to, the following:(3-15-22)

i.Whether the domestic cervidae on the ranch have commingled with any domestic cervids of unknown CWD status.(3-15-22)

ii.Whether the domestic cervidae ranch has been in compliance with all requirements of Title 25, Chapter 35, Idaho Code, and these rules.(3-15-22)

iii.Whether the domestic cervidae ranch has had documented cases of ingress of wild cervids or egress of domestic cervidae within the eighteen (18) months prior to the risk assessment.(3-15-22)

IDAPA 02.04.19.210 (Reserved)

IDAPA 02.04.19.250 Intrastate Movement of Domestic Cervidae

All live domestic cervidae moving from one premises to another premis es within the state of Idaho must be officially identified, except calves during the year of birth accompanying their dam, and accompanied by:(3-15-22)

01.Intrastate Movement Certificate. All intrastate movements of live domestic cervidae, including movement from one (1) premises to another premises owned, operated, leased, or controlled by the same person, must be reported to ISDA on the annual inventory form, due Dec. 31st in the calendar year the movement occurred.

IDAPA 02.04.19.251 (Reserved)

IDAPA 02.04.19.301 Duty to Restrain

It is the duty of the owner of each domestic cervidae ranch to gather and restrain domestic cervidae for testing when directed to do so in writing by the Administrator. The Administrator determines the suitability of the restraint system.

IDAPA 02.04.19.302 Testing Methods

The Administrator determines appropriate testing procedures and methods.(3-15-22)

IDAPA 02.04.19.303 (Reserved)

IDAPA 02.04.19.500 Surveillance for Cwd

01.Routine Surveillance. O bex and medial retropharyngeal lymph node tissues from domestic elk and reindeer sixteen (16) months of age or older at the time of death must be submitted annually to official laboratories for CWD testing as provided for in these rules, under the following conditions:(7-1-25)

a.No less than ten percent (10%) of cervids harvested or slaughtered.(3-15-22)

b.No less than one hundred percent (100%) of cervids that die for any reason other than slaughter or harvest.(3-15-22)

c.Tissues samples submitted to an official laboratory that are untestable or are given an indeterminate test result do not count towards the tissue submission requirement.(3-15-22)

d.Fallow deer are exempt from CWD testing.(3-15-22)

02.Enhanced Surveillance. Tissues from one hundred percent (100%) of all domestic elk and reindeer sixteen (16) months of age or older that die for any reason on a facility will be required to be tested for CWD for a period of sixty (60) months under the following conditions:(7-1-25)

a.A facility has imported cervids from a location within twenty-five (25) miles from a confirmed case of CWD in wild cervids.(3-15-22)

b.A facility has received cervids via intrastate movement from a facility under enhanced CWD surveillance requirements at the time of the transfer.(3-15-22)

c.The duration of the enhanced CWD surveillance requirements are based upon the most recent date of movement that meets the criteria listed in this section.(3-15-22)

IDAPA 02.04.19.501 Collection of Samples for Cwd Testing

Obex and medial retropharyngeal lymph node samples must be collected immediately upon discovery of the death of a domestic cervid.(7-1-25)

01.Non-Testable or Samples That Do not Contain Appropriate Tissues. The Administrator may conduct an investigation to determine if a domestic cervidae ranch is complying with the provisions of Section 500 if the owner or operator of a domestic cervidae ranch submits samples for CWD testing which cannot be identified to the animal of origin.(3-15-22)

02.Failure to Meet Annual CWD Tissue Submission Requirement. An owner or operator of a domestic cervidae ranch who fails to submit samples for CWD testing or who fails to meet the annual tissue submission requirements of this chapter, or both, is in violation of these rules, except the Administrator may approve, in writing, a variance from sample submission requirements on a case specific basis.(3-15-22)

IDAPA 02.04.19.502 Official Cwd Tests

01.Official Tests.

Official tests for CWD, approved by the Administrator, include:(3-15-22)

a.Enzyme Linked Immunosorbent Assay (ELISA);(3-15-22)

b.Immunohistochemistry; and(3-15-22)

c.Negative Stain Electron Microscopy.(3-15-22)

02.Other Scientifically Validated Test. The Administrator may approve other scientifically validated laboratory or diagnostic tests to confirm a diagnosis of CWD.(3-15-22)

IDAPA 02.04.19.503 Cwd Status

CWD status is validated pursuant to the Federal CW D Herd Certification program standards.(3-15-22)

IDAPA 02.04.19.504 Investigation of Cwd

An epidemiological investigation will be conducted on all CWD positive, suspect, and exposed animals and herds, herds of origin, source herds, all adjacent herds, and all trace herds as determined by the Administrator.(3-15-22)

01.Quarantine. A quarantine shall be applied to all CWD-exposed, CWD-suspect, and CWD-positive herds and animals following an epidemiological investigation that confirms such status as defined in this section.

02.Identification. CWD suspect and exposed animals must be identified and remain on the premises where they are found until they have met the provisions for release of quarantine established in this chapter, are destroyed and disposed of as directed by the Administrator, or are moved at the Administrator’s direction on a restricted movement permit.(3-15-22)

03.Multi-Facility Ranches. Multi-facility ranches under quarantine may move animals from one facility to another facility owned by the same entity for the purpose of harvest with the approval of the Director of the Idaho State Department of Agriculture.(7-1-25)

IDAPA 02.04.19.505 Duration of Cwd Quarantine

Quarantines imposed because of CWD in accordance with this chapter remain in effect until one (1) of the following criteria are met:(3-15-22)

01.CWD Positive Herds. The quarantine may be released after the herd is completely depopulated as provided in Subsection 505.07, or after five (5) years of compliance with an individual herd CWD plan and all provisions of these rules, during which there was no evidence of CWD.(3-15-22)

02.CWD Suspect Herds. The quarantine may be released after the herd is completely depopulated as provided in Subsection 505.07, or after a minimum of five (5) years of compliance with an individual CWD herd plan and all provisions of these rules and during which there was no evidence of CWD, or an epidemiologic investigation determines that there is no evidence CWD exists in the herd as determined by the Administrator.(3-15-22)

03.Source Herds and Herds of Origin. The quarantine may be released after a minimum of five (5) years of compliance with an individual CWD herd plan and all provisions of these rules and during which there was no evidence of CWD, or an epidemiologic investigation determines that there is no evidence CWD exists in the herd and that the herd is not the source of infection as determined by the Administrator.(3-15-22)

04.Exposed Herds. The quarantine may be released after the herd is completely depopulated as provided in Subsection 505.07, or after a minimum of five (5) years of compliance with an individual CWD herd plan and all provisions of these rules and during which there was no evidence of CWD, or an epidemiologic investigation determines that there is no evidence CWD exists in the herd as determined by the Administrator.(3-15-22)

5. Adjacent Herds. The quarantine may be released when directed by the Administrator based upon an epidemiological investigation and in consultation with the designated epidemiologist.(3-15-22)

06.Fencing Requirements. Any owner of a domestic cervidae ranch who chooses to remain under quarantine for five (5) years must maintain perimeter fencing pursuant to Idaho Code 25-3705C and Section 102 of this rule.(7-1-25)

07.Complete Depopulation. The quarantine may be released after:(3-15-22)

a.Complete depopulation of all cervidae on the premises as directed by the Administrator; and

b.The premises have been free of all livestock as specified in an individual CWD herd plan approved by the Administrator; and(3-15-22)

c.The soil and facilities have been cleaned, treated, decontaminated, or disinfected as directed by the

08.Disposal of Positive or Exposed Cervidae. All CWD positive or exposed domestic cervidae must be disposed of as directed by the Administrator.(3-15-22)

IDAPA 02.04.19.506 (Reserved)

02.04.21 Rules Governing the Importation of Animals

IDAPA 02.04.21.000 Legal Authority

This chapter is adapted under the legal authority of Sectio ns 25-203, 25-305, 25-401, 25-601, 25-3704, Idaho Code.

IDAPA 02.04.21.001 Scope

These rules govern procedures, req uirements, and qualifications for importation of all animals into the state of Idaho.

IDAPA 02.04.21.002 (Reserved)

IDAPA 02.04.21.004 Incorporation by Reference

Copies of these documents may be obtained from the Idaho State Department of Agriculture Central Office. IDAPA 02.04.21 incorporates by reference:(3-31-22)

01.The October 1, 2003 Edition of the Brucellosis Eradication Uniform Methods and Rules.

Available online at https://www.aphis.usda.gov/animal_health/animal_diseases/brucellosis/downloads/umr_bovine_ bruc.pdf.(3-31-22)

02.The September 30, 2003 Edition of the Brucellosis in Cervidae: Uniform Methods and Rules.

Available online at https://www.aphis.usda.gov/animal_health/animal_diseases/brucellosis/downloads/bcervumr.pdf.

03.The April 1998 Edition of the Swine Brucellosis Control/Eradication: State-Federal-Industry Uniform Methods and Rules. Available online at https://www.aphis.usda.gov/animal_health/animal_dis_spec/ swine/downloads/sbruumr.pdf.(3-31-22)

04.The Code of Federal Regulations Title 9, Parts 71, 75, 77, 78, 85, 145, 147, and 161, January 1, 2021. Available online at http://www.ecfr.gov/cgi-bin/text-idx?SID=9e3e2eff1a42367841dc92eee8d5324d&mc=true &tpl=/ecfrbrowse/Title09/9cfrv1_02.tpl#0.(3-31-22)

05.The January 1, 2005 Edition of the Bovine Tuberculosis Eradication Uniform Methods and Rules. Available online at https://www.aphis.usda.gov/animal_health/animal_diseases/tuberculosis/downloads/tbumr.pdf.(3-31-22)

06.The November 1, 2003 Edition of the Pseudorabies Eradication, State-Federal-Industry Program Standards. Available online at http://www.aphis.usda.gov/animal_health/animal_diseases/pseudorabies/ downloads/program_stds.pdf.(3-31-22)

07.The January 10, 2007 Edition of the Equine Infectious Anemia: Uniform Methods and Rules.

Available online at https://www.aphis.usda.gov/vs/nahss/equine/eia/eia_umr_jan_10_2007.pdf.(3-31-22)

IDAPA 02.04.21.005 (Reserved)

IDAPA 02.04.21.010 Definitions

01.Accredited Veterinarian.

A veterinarian approved by the Administrator and USDA/APHIS/VS in accordance with provisions of Title 9, Part 161, Code of Federal Regulations to perform functions of State-Federal animal disease control programs.(3-31-22)

02.Animals. All vertebrates, except humans.(3-31-22)

03.Approved Brucella Vaccine. A vaccine product that is approved by and produced under license of the United States Department of Agriculture for administration to cattle, domestic bison, swine or domestic cervidae for the purpose of enhancing the resistance to brucellosis.(3-31-22)

04.Approved Equine Feedlot. A feedlot approved by the Administrator to feed equids intended to be shipped directly to slaughter within sixty (60) days of arrival to the feedlot and have not been officially tested for Equine Infectious Anemia (EIA) prior to importation into Idaho.(3-31-22)

05.Approved Feedlot. A feedlot approved by the Administrator to feed female cattle and domestic bison which have not been officially vaccinated against brucellosis, tested for Tuberculosis, tested for Trichomoniasis, or other bovidae not in compliance with Idaho’s rules.(3-31-22)

06.Approved Slaughter Establishment. A USDA inspected slaughter establishment at which antemortem and post-mortem inspection is conducted by USDA inspectors.(3-31-22)

07.Brucellosis. An infectious disease of animals and humans caused by bacteria of the genus Brucella.

08.Brucellosis Surveillance Area or High Risk Areas. Any area of a state that has been identified by USDA/APHIS/VS or state animal health officials as an area that poses a greater risk for transmission of brucellosis than would be expected based upon the official classification of the state.(3-31-22)

09.Camelids. Llamas, alpacas, vicunas, camels.(3-31-22)

10.Cattle. All bovidae including domestic bison.(3-31-22)

11.Certificate. An official certificate of veterinary inspection or other approved certificate issued by an accredited veterinarian, state or federal animal health official or other approved official at the point of origin of the shipment of animal(s) being imported.(3-31-22)

12.Domesticated. Propagated and maintained under the control of a person.(3-31-22)

13.Domestic Bison. All animals in the family Bison that are owned by a person.(3-31-22)

14.Domestic Cervidae. Elk, fallow deer, and reindeer that are owned by a person.(3-31-22)

15.Equidae. Horses, ponies, asses, mules, zebras.(3-31-22)

16.Exposed. Animals that have had direct contact with other animals, herds, or materials that have been determined to be infected with or affected by any infectious, contagious, or communicable disease.(3-31-22)

17.Federal Animal Health Official. An employee of USDA/APHIS/VS who has been authorized to perform animal health activities.(3-31-22)

18.Feeder Animals. Animals to be fed for slaughter only.(3-31-22)

19.Fur Bearing Animals. Fox, skunk, raccoons, mink, chinchilla, marten, fisher, muskrat, beaver, and bobcat that are raised for use in the fur industry.(3-31-22)

20.Game Birds. Domesticated gallinaceous fowl such as pheasants, partridge, quail, grouse and guineas.(3-31-22)

21.Hatching Eggs. Fertilized eggs.(3-31-22)

22.Livestock. Means cattle, swine, horses, mules, asses, domestic cervidae, sheep, goats, camelids, and ratites.(3-31-22)

23.National CWD Herd Certification Program. A federal-state-industry cooperative program, as provided for in the Code of Federal Regulations, Title 9, Part 55, January 1, 2013. The program, administered by APHIS and implemented by participating states, establishes CWD surveillance and testing standards cervidae owners must achieve before interstate transport will be permitted.(3-31-22)

24.Negative. Animals are classified as negative when they have been subjected to official tests for a disease, and the tests performed have failed to disclose evidence of the disease.(3-31-22)

25.Official Identification. The unique individual identification of cattle, domestic bison, swine, or domestic cervidae in accordance with the rules governing each species .(3-31-22)

26.Official Vaccinate. Cattle or domestic bison female that was inoculated, in accordance with IDAPA 02.04.20 “Rules Governing Brucellosis” or the Brucellosis Eradication UM&R, with an approved Brucella vaccine.(3-31-22)

27.Poultry. The term means chickens, turkeys, ducks, geese, guinea fowl, pigeons, pheasants, domestic fowl, waterfowl and gamebirds.(3-31-22)

28.Quarantine. A written order executed by the Administrator to confine or hold animals on a premise, or any other location where found, and prevent movement of animals from a premise or any other location when the administrator has determined that the animals are infected with or exposed to a disease, or are not in compliance with the provisions of this chapter.(3-31-22)

29.Ratites. Ostrich, emu, rhea and cassowaries.(3-31-22)

30.Slaughter Animals. Animals of any kind for immediate slaughter, or those consigned for slaughter within seventy-two (72) hours of arrival at an approved slaughter facility or within seven (7) days of arrival at an approved buying station.(3-31-22)

31.State Animal Health Official. The Administrator or his designee responsible for disease control and eradication programs.(3-31-22)

32.VHSV Positive Area. Any area or region that has been identified by USDA as affected by VHSV.

33.Wildlife. Any animal generally living in a state of nature except, domestic bison, domestic cervidae, domestic fur bearing animals, and fish.(3-31-22)

IDAPA 02.04.21.011 Abbreviations

01.ADT. Animal Disease Traceability.(3-31-22)

02.APHIS. Animal and Plant Health Inspection Service.(3-31-22)

03.AVIC. Area Veterinarian in Charge.(3-31-22)

04.AZA. Association of Zoos and Aquariums.(3-31-22)

05.BAPA. Buffered Acidified Plate Assay.(3-31-22)

06.BPAT. Buffered Antigen Plate-Agglutination Test.(3-31-22)

07.CVI. Certification of Veterinary Inspection.(3-31-22)

08.CF. Complement Fixation Test.(3-31-22)

09.CFR. Code of Federal Regulations.(3-31-22)

10.CWD. Chronic Wasting Disease.(3-31-22)

11.EIA. Equine Infectious Anemia.(3-31-22)

12.EVA. Equine Viral Arteritis.(3-31-22)

13.FPA. Fluorescence Polarization Assay.(3-31-22)

14.NAEBA. North American Elk Breeders Association.(3-31-22)

15.NASAHO. National Assembly of State Animal Health Officials.(3-31-22)

16.NPIP. National Poultry Improvement Plan.(3-31-22)

17.P. t e n u i s. Paralephastrongylus tenuis (meningeal worm of deer).(3-31-22)

18.PCR. Polymerase Chain Reaction.(3-31-22)

19.RDGF. Red Deer Genetic Factor.(3-31-22)

20.TB. Tuberculosis.(3-31-22)

21.UM&R. Uniform Methods and Rules.(3-31-22)

22.USDA. United States Department of Agriculture.(3-31-22)

23.VHSV. Viral Hemorrhagic Septicemia Virus.(3-31-22)

24.VS. Veterinary Services.(3-31-22)

IDAPA 02.04.21.012 (Reserved)

IDAPA 02.04.21.051 Post Entry Inspections

All animals entering Idaho may be subject to a post-entry inspection by state or federal animal health officials.

IDAPA 02.04.21.052 (Reserved)

IDAPA 02.04.21.100 Certificates or Permit Required

Unless otherwise specifically provided in this chapter, all an imals transported or moved into the state of Idaho shall be accompanied by:(3-31-22)

01.Certificate of Veterinary Inspection (CVI). An official certificate of veterinary inspection; or

02.Other Approved Certificates. Other certificate approved by the Administrator; and(3-31-22)

03.Permit. A permit issued by the Administrator, if required.(3-31-22)

04.Possession. A copy of the certificate, and permit if required, shall be in the possession of the driver of the vehicle at the time of importation.(3-31-22)

05.Exemptions. Any livestock consigned to a location in Idaho accompanied by a valid electronic CVI approved by the NASAHO, demonstrating the consigned livestock have met all other applicable importation requirements, shall be exempt from entry permit requirements.(3-31-22)

IDAPA 02.04.21.101 Contents of Certificates

All certificates shall provide a written, legible record attesting the animal(s) meet the importation requirements of the state of Idaho. The certificate shall be on an official form of the state of origin, if applicable, be approved by its state animal health official and be issued by an accredited veterinarian. All certificates shall contain the following information:(3-31-22)

01.Name and Address. Name and address of the consignor and consignee; and(3-31-22)

02.Origin of Shipment. Including city and state; and(3-31-22)

03.Final Destination of Shipment. Including city and state; and(3-31-22)

04.Description of Animals. An accurate description and identification of each animal if required; and

05.Purpose of Shipment. The purposes for which the animals were shipped, and method of transportation; and(3-31-22)

06.Health Status. The certificate shall indicate the health status of the animals involved including dates and results of inspection and of tests and vaccinations, if any, required by the state of Idaho; and(3-31-22)

07.Signature. The signature of the accredited veterinarian, or state or federal animal health official, conducting the veterinary inspection.(3-31-22)

08.Mailing Certificate to Idaho. The required copies of certificates of veterinary inspection or other approved certificates shall be transmitted, within seven (7) days of inspection, to the Division of Animal Industries, P.O. Box 7249, Boise, ID 83707, or ID-CVI@isda.idaho.gov.(3-31-22)

09.Period of Certificate Validity. Certificates of veterinary inspection shall be valid for no longer than thirty (30) days after the date issued.(3-31-22)

IDAPA 02.04.21.102 Extended Validity Equine Certificates

Equidae from other states may enter the state of Idaho on an extended validity equine certificate system approved by the Administrator.(3-31-22)

01.Valid for One Animal. An extended validity equine certificate shall be valid for only one (1) animal. Each animal shall have a separate certificate.(3-31-22)

02.Contents. Extended validity equine certificates shall contain the name and address of the owner, location or origin of the animal if different from that of the owner, an accurate description and identification of the animal, date of veterinary inspection, physical address of movement destination, travel date, date of negative EIA test or other required tests or vaccinations, if applicable, and signature of inspecting veterinarian.(3-31-22)

03.Period of Validity. Extended validity equine certificates are valid for no longer than six (6) months from date of veterinary inspection for the certificate.(3-31-22)

04.Cancellation. Extended validity equine certificates may be canceled at any time by the Administrator in the event of serious or emergency disease situations or for non-compliance with the provisions of these rules.(3-31-22)

IDAPA 02.04.21.103 Npip Certificate

Poultry imported from NPIP certified flocks may be moved w ith VS Form 9-3 in lieu of a certificate of veterinary inspection.(3-31-22)

IDAPA 02.04.21.104 Import Permits

Request for permits to import animals, when applicable, into the state of Idaho shall be directed to the Division of Animal Industries online Import Permit System at https://www.isda.idaho.gov/AnimalImport/ or by telephone (208) 332-8540.(3-31-22)

01.Contents of a Permit Request. The request for an import permit shall include the following information:(3-31-22)

a.Name, physical address, and phone number of the consignor and consignee;(3-31-22)

b.Number and kind of animals;(3-31-22)

c.Origin of shipments;(3-31-22)

d.Final destination;(3-31-22)

e.Purpose of shipment;(3-31-22)

f.Date of shipment;(3-31-22)

g.Results of any required tests, inspections, or vaccinations; and(3-31-22)

h.Issuing veterinarian contact information.(3-31-22)

02.Timeframe for Requesting a Permit. Permits may be requested no more than one (1) week in advance of the shipment of the animals.(3-31-22)

03.Period of Validity. Permits are valid for no longer than fifteen (15) days from the date of issuance unless otherwise specified.(3-31-22)

IDAPA 02.04.21.105 To Whom May Animals Be Consigned

Animals transported or moved into the state shall be consigned to a person residing in Idaho or to a person authorized by law to do business in the state of Idaho.(3-31-22)

IDAPA 02.04.21.106 Diversion of Animals After Shipment

No person consigning, transporting or receiving animals in the state of Idaho shall authorize, order or carry out diversion of such animals to a destination or consignee other than set forth on the certificate of veterinary inspection or permit without notifying the Division of Animal Industries within seventy-two (72) hours of the diversion.

IDAPA 02.04.21.107 Animals Exposed to Disease or Originating in a Quarantined Area

No animals affected with or which have been exposed to any infectious, contagious, or communicable disease, or which originate in a quarantined area shall be transported or moved into the state of Idaho unless a permit for such entry is first obtained from the Division of Animal Industries, except such animals in classifications allowed interstate shipment under specified requirements of the USDA may move without permit if in compliance with Title 9, Parts 71, 77, 78, 85, 145, and 147 CFR requirements.(3-31-22)

IDAPA 02.04.21.108 Quarantine Imposed If No Certificate Issued

Animals entering the state of Idah o without a valid certificate of veterinary inspection or other approved certificate shall be held in quarantine at the risk and expense of the owner.(3-31-22)

01.Duration of Quarantine. Such animals shall remain under quarantine until the quarantine is released by a state or federal animal health official.(3-31-22)

02.Animals Without a Certificate. The Administrator may order animals that are not in compliance with certificate of veterinary inspection requirements to be slaughtered, removed from the state, or confined to an approved feedlot.(3-31-22)

03.Hold Order. Quarantines may take the form of a hold order.(3-31-22)

IDAPA 02.04.21.109 Vesicular Stomatitis

No livestock may enter Idaho from another state if Vesicular St omatitis has been diagnosed on the premises of origin of the shipment within the last thirty (30) days.(3-31-22)

01.Certificate of Inspection. Any livestock entering Idaho from a state where Vesicular Stomatitis has been diagnosed within the last thirty (30) days shall be accompanied by a certificate of veterinary inspection with a Vesicular Stomatitis statement written by the accredited veterinarian on the certificate.(3-31-22)

02.Permit for Entry. Livestock from states in which Vesicular Stomatitis has been diagnosed within the last thirty (30) days shall be accompanied by a permit for entry into Idaho.(3-31-22)

IDAPA 02.04.21.110 Additional Import Requirements

The Administrator may impose additional or more restrictiv e import requirements than the requirements in this chapter by issuing a written order stating the additional requirements and the reasons for the requirements. (3-31-22)

IDAPA 02.04.21.111 (Reserved)

IDAPA 02.04.21.200 Importation of Cattle Into Idaho

All cattle that enter the state of Idaho shall possess appropriate official individual identification, if required, and be accompanied by a certificate of veterinary inspection attesting they are free from evidence of any infectious disease, or exposure thereto, except:(3-31-22)

01.Approved Slaughter Establishments. Cattle consigned directly to approved slaughter establishments shall be accompanied by a statement of ownership such as a brand certificate or waybill; or (3-31-22)

02.Specifically Approved Livestock Market. Cattle consigned directly to specifically approved livestock markets shall be accompanied by a statement of ownership such as a brand certificate or waybill, and a permit, if required; or(3-31-22)

03.Feedlots Approved by the Administrator. Cattle consigned directly to feedlots approved by the Administrator for conducting veterinary inspections upon the arrival of the cattle.(3-31-22)

04.Post-Entry Inspection. All cattle entering Idaho may be subject to a post-entry inspection by state or federal animal health officials.(3-31-22)

IDAPA 02.04.21.201 Cattle and Bison Imported from Canada

All cattle and bison imported into Idaho from Canada, except those imported directly to slaughter, must:(3-31-22)

01.Idaho Requirements. Meet all Idaho import requirements.(3-31-22)

02.USDA Requirements. Meet all USDA import requirements.(3-31-22)

03.Individually Identified. Be individually identified on a certificate of veterinary inspection.

04.Import Permit. Be accompanied by an import permit issued by the Division.(3-31-22)

IDAPA 02.04.21.202 When Permits Are Required for Cattle

Cattle and bison shipments consigned to Idaho on an electronic CVI approved by the NASAHO are exempt from entry permit requirements.(3-31-22)

01.Dairy. For all intact male and female cattle of dairy breeds not consigned directly to an approved slaughter establishment, or to a specifically approved livestock market. All dairy cattle shall be officially identified as provided in Section 203 of these rules.(3-31-22)

02.Beef Bulls. All bulls of beef breeds not consigned directly to an approved slaughter establishment, or to a specifically approved livestock market, except intact male calves accompanying their dams.(3-31-22)

03.Female Beef Cattle. All intact female cattle of beef breeds not consigned directly to an approved slaughter establishment or to a specifically approved livestock market that are:(3-31-22)

a.From states or areas that are not Brucellosis Class Free; or(3-31-22)

b.Not officially vaccinated pursuant to IDAPA 02.04.20, “Rules Governing Brucellosis,” except calves accompanying their dam; or(3-31-22)

04.Restricted Areas. All cattle from areas or states on which Idaho or USDA has imposed restrictions.(3-31-22)

05.Domestic Bison. Domestic bison imported into Idaho shall be in compliance with the same requirements as cattle.(3-31-22)

06.Canadian Cattle and Canadian Domestic Bison. All cattle and Canadian domestic bison imported into Idaho from Canada, except those imported directly to slaughter, must have an import permit prior to importation.(3-31-22)

07.Other. Cattle of any classification that do not meet other entry requirements.(3-31-22)

IDAPA 02.04.21.203 Official Identification of Imported Cattle

01.Beef Cattle.

All sexually intact beef breed cattle, eighteen (18) months of age or older, shall possess official individual identification.(3-31-22)

02.Dairy Cattle. All dairy breed cattle, regardless of age, shall possess official individual identification.(3-31-22)

03.Show/Rodeo Cattle. All cattle, regardless of age, imported into Idaho for the purposes of rodeo, show, or exhibition shall possess official individual identification.(3-31-22)

IDAPA 02.04.21.204 (Reserved)

IDAPA 02.04.21.210 Brucellosis Vaccination Requirements

All intact female cattle entering Idaho shall have been officially vaccinated for brucellosis except:(3-31-22)

01.Cattle Consigned to Slaughter. Female cattle consigned directly to an approved slaughter establishment; or(3-31-22)

02.Cattle Consigned to Specifically Approved Livestock Markets. Female cattle consigned directly to a specifically approved livestock market; or(3-31-22)

03.Approved Feedlot. Female cattle consigned directly to an Idaho approved feedlot, by permit; or

04.Calves. Female calves less than one hundred twenty (120) days of age not accompanying their dam, by permit; or(3-31-22)

05.Vaccination on Arrival. Non-vaccinated females may, by permit, be consigned to a qualified destination approved by the Administrator to be officially vaccinated on arrival pursuant to IDAPA 02.04.20, “Rules Governing Brucellosis”; or(3-31-22)

06.Show Cattle. Female cattle may enter Idaho for the purpose of participating in shows, rodeos, or other exhibitions, by permit.(3-31-22)

IDAPA 02.04.21.211 Brucellosis Test Requirements

01.Class A States or Areas.

All test eligible cattle from non-Class Free states or areas shall have been tested negative within thirty (30) days of importation unless consigned to slaughter.(3-31-22)

02.Brucellosis Surveillance or High Risk Areas. Test eligible cattle from brucellosis surveillance areas or brucellosis high risk areas shall be tested negative to an official brucellosis test within thirty (30) days before importation into Idaho except those cattle consigned directly to an approved slaughter establishment, or a specifically approved livestock market where they shall be tested prior to sale. Such cattle sold to a destination other than an approved slaughter establishment may be held under quarantine for forty-five (45) to one hundred twenty (120) days to allow for additional brucellosis tests.(3-31-22)

IDAPA 02.04.21.212 Test Eligible Cattle

Test eligible cattle are all intact male and female cattle, twelve (12 ) months of age or older. All test eligible cattle shall be officially identified on the CVI in accordance with ADT requirements.(3-31-22)

IDAPA 02.04.21.213 (Reserved)

IDAPA 02.04.21.220 Grazing Cattle

Cattle herds moved into Idaho or from Idaho to other states for seasonal grazing periods shall be moved only under special grazing permits issued jointly by the Division of Animal Industries and the state animal health official in a state which reciprocates with Idaho in honoring grazing permits.(3-31-22)

01.Grazing Permits. Grazing permits shall be for one (1) specified season only and be issued prior to movement on a case-by-case basis.(3-31-22)

02.Entry Requirements. All livestock moving in or out of Idaho on an approved grazing permit must possess a valid CVI to the destined grazing location. Grazing livestock must meet ADT and other entry requirements prior to movement. Livestock herds that comply with all provisions of the grazing permit are not required to obtain a certification of veterinary certificate to return home.(3-31-22)

03.Herd Ownership. Cattle herds permitted to move under the provisions of Section 220 shall be established herds. Change of ownership of the herd shall not be allowed while the herd is under the requirements of the grazing permit, and the cattle shall be moved interstate with such certification, identification and testing as the Administrator may require.(3-31-22)

04.Diversion. Changes to the destined grazing location(s) listed on the approved grazing permit, either prior to departure or during the designated grazing period, are prohibited without prior notification to ISDA and the reciprocating state.(3-31-22)

IDAPA 02.04.21.221 (Reserved)

IDAPA 02.04.21.230 Emergency Situations

Cattle may be imported into the state of Idaho in emergency situations under special permit from the Administrator.

01.Cattle Held Separate. Cattle allowed entrance under this provision shall be held separate and apart from Idaho cattle and quarantined for a specific time period to a specific area for grazing or feeding purposes.

02.Cattle Returned to State of Origin. At the end of the quarantine time period the cattle will be returned to the state of origin, but shall meet the state of origin’s import requirements prior to departure from Idaho.

03.Cattle That Remain in Idaho. If an owner desires to leave such cattle in Idaho after the time period has expired, then such cattle shall meet the same health and test requirements as would normally be required of any imported cattle and this shall be done at the owner’s expense.(3-31-22)

IDAPA 02.04.21.231 (Reserved)

IDAPA 02.04.21.240 Tuberculosis Test Requirements

Cattle and domestic bison may enter the state of Idaho provided the following requirements are met as described in T itle 9, Part 177, CFR:(3-31-22)

01.Tuberculosis Accredited Free State or Zone.(3-31-22)

a.Beef Breeds of Cattle. Cattle of beef breeds may enter the state without a tuberculosis test.

b.Dairy Breeds of Cattle. All sexually intact male and female cattle, six (6) months of age and older, shall test negative for tuberculosis, within sixty (60) days prior to entry, and also are officially identified may enter Idaho by permit;(3-31-22)

(1)Individually identified intact male and female dairy breed cattle consigned directly to an approved feedlot may enter Idaho, by permit.(3-31-22)

(2)Intact male and female dairy breed cattle, six (6) months of age and older, entering Idaho to participate in shows or exhibitions, by permit.(3-31-22)

02.Tuberculosis Accredited Free Herd. Accredited cattle and bison herds are exempt from tuberculosis testing if the CVI contains the accredited herd number and date of the most recent tuberculosis test.

03.Tuberculosis Modified Accredited Advanced State or Zone.(3-31-22)

a.Beef Breeds of Cattle. Must test negative for tuberculosis within sixty (60) days prior to entry into Idaho.(3-31-22)

(1)Cattle and bison entering Idaho on an approved grazing permit under Section 220;(3-31-22)

(2)Cattle and bison consigned directly to an approved feedlot may enter Idaho, by permit. Sexually intact cattle or bison over eighteen (18) months of age consigned to an approved feedlot must be officially identified;

(3)Cattle and bison consigned directly to slaughter at an approved slaughter establishment; (3-31-22)

(4)Origin state was previously classified as accredited free and has no laboratory or epidemiological evidence of tuberculosis in the previous twelve (12) months, as approved by the Administrator;(3-31-22)

b.Dairy Breed of Cattle. Must test negative for tuberculosis within sixty (60) days prior to entry into Idaho.(3-31-22)

(1)Cattle entering Idaho on an approved grazing permit under Section 220;(3-31-22)

(2)Cattle consigned directly to an approved feedlot may enter Idaho, by permit. All dairy breed cattle, regardless of age, must be officially identified;(3-31-22)

(3)Cattle consigned directly to slaughter at an approved slaughter establishment.(3-31-22)

04.Tuberculosis Modified Accredited State or Zone.(3-31-22)

a.All breeds of cattle and bison.(3-31-22)

i.Sexually intact cattle or bison that originate from a herd that was negative to a whole herd test the one (1) year prior to the date of movement may enter Idaho if individually identified and test negative to an additional tuberculosis test within sixty (60) days prior to entry into Idaho;(3-31-22)

ii.Any cattle or bison consigned to an approved feedlot may enter Idaho if individually identified and test negative for tuberculosis within sixty (60) days prior to entry into Idaho;(3-31-22)

iii.Exemptions from tuberculosis testing.(3-31-22)

(1)Cattle consigned directly to slaughter at an approved slaughter establishment.(3-31-22)

05.Tuberculosis Accredited Preparatory State or Zone.(3-31-22)

a.All breeds of cattle and bison.(3-31-22)

i.Sexually intact cattle or bison that originate from a herd that was negative to a whole herd test within the one (1) year prior to the date of movement may enter Idaho if individually identified and test negative to two (2) additional tuberculosis tests conducted no more than six (6) months apart with the second test occurring within sixty (60) days prior to entry into Idaho, or;(3-31-22)

ii.Any cattle or bison consigned to an approved feedlot may enter Idaho if individually identified and test negative for tuberculosis on two (2) official tests conducted no more than six (6) months apart with the second test occurring within sixty (60) days prior to entry into Idaho.(3-31-22)

iii.Any cattle or bison originating from a tuberculosis accredited free herd may enter Idaho if individually identified and test negative for tuberculosis within sixty (60) days prior to entry into Idaho;(3-31-22)

iv.Exemptions from tuberculosis testing:(3-31-22)

(1)Cattle consigned directly to slaughter at an approved slaughter establishment.(3-31-22)

06.Tuberculosis Non-Accredited State or Zone. All breeds of cattle and bison are prohibited from entering Idaho except by special permit issued by the Administrator.(3-31-22)

07.Rodeo Stock. All cattle six (6) months of age or older that have been used for rodeo or timed events imported into Idaho must have been tested negative for bovine tuberculosis within twelve (12) months prior to importation into Idaho.(3-31-22)

IDAPA 02.04.21.241 (Reserved)

IDAPA 02.04.21.260 Trichomoniasis

The Certificate of Veterinary Inspection for bulls imported into Idaho shall contain a statement certifying that trichomoniasis is not known to exist in the herd of origin, and:(3-31-22)

01.Virgin Bulls Less Than Eighteen Months of Age. The virgin bull(s) are less than eighteen (18) months of age and have not serviced a cow; or(3-31-22)

02.Tested Bulls. The bull(s) have been tested by PCR or pooled PCR for trichomoniasis within sixty (60) days of shipment, were negative to the test, and have not been exposed to female cattle since the test sample was collected.(3-31-22)

03.Exceptions. Exceptions to certification and testing:(3-31-22)

a.Bulls consigned directly to slaughter at an approved slaughter establishment; or(3-31-22)

b.Bulls consigned directly to an approved feedlot; or(3-31-22)

c.Bulls consigned directly to a specifically approved livestock market; or(3-31-22)

d.Rodeo bulls imported by an Idaho based rodeo producer, with an approved rodeo bull lot as described in IDAPA 02.04.29, “Rules Governing Trichomoniasis,” Section 400 or rodeo bulls imported to perform at specific rodeos in Idaho.(3-31-22)

e.Bulls imported for exhibition at livestock shows, provided the bull will be returned to its state of origin, will not be exposed to female cattle, and will not be offered for sale.(3-31-22)

f.Bison are exempt from Trichomoniasis testing prior to importation into Idaho.(3-31-22)

IDAPA 02.04.21.261 (Reserved)

IDAPA 02.04.21.300 Equidae

All horses, mules, asses, and other equidae that are to be transported or moved into the state of Idaho shall be accompanied by an official certificate of veterinary inspection or extended validity equine certificate, from the state of origin, stating that the equidae are free from evidence of any communicable disease and have completed EIA test requirements, except as provided in this section.(3-31-22)

01.EIA Test Requirements. An official EIA test is a blood test conducted by a USDA approved laboratory, within twelve (12) months prior of entry of the equidae into Idaho.(3-31-22)

a.Entry of equidae into Idaho shall not be allowed until the EIA test has been completed and reported negative. Pending test results are not acceptable for import. Equidae which test positive to the EIA test shall not be permitted entry into Idaho, except by special written permission from the Administrator.(3-31-22)

b.A nursing foal less than six (6) months of age accompanied by its EIA negative dam is exempt from the test requirements.(3-31-22)

02.Working Horses Included on Grazing Permits. “Working horses” used for seasonal ranching purposes may be exempt from the requirements of this section if the horses have been included on a current grazing permit which has received prior approval from the Administrator and the state animal health official in a state which reciprocates with Idaho in honoring grazing permits.(3-31-22)

03.Approved Equine Feedlot. Equids imported to be fed for slaughter in an equine feedlot approved by the Administrator may be exempt from EIA test requirements provided:(3-31-22)

a.Horses qualified into the approved facility must be sent directly to slaughter within sixty (60) days;

b.A distance of no less than two hundred (200) yards is maintained at all times between designated slaughter horses and all other equids;(3-31-22)

c.Feedlot owners maintain complete and accurate records of the disposition of all equids qualified into the approved equine feedlot; and(3-31-22)

d.Feedlot owners annually apply for renewal of approved feedlot status prior to expiration on December 31st of each calendar year.(3-31-22)

e.All equids imported into an approved equine feedlot must have a valid entry permit prior to entry.

04.Reciprocal Agreements. The Administrator may enter into cooperative reciprocal agreements with neighboring states which exempt EIA testing requirements for movement of equidae between the cooperating states.

IDAPA 02.04.21.301 (Reserved)

IDAPA 02.04.21.400 Importation of Swine

Swine may enter the state of Idaho provided they are i ndividually identified by official ear tags or other approved techniques indicating the state and herd of origin and they are accompanied by a certificate of veterinary inspection attesting to the following:(3-31-22)

01.Vaccination. The swine have not been vaccinated with any pseudorabies vaccine; and(3-31-22)

02.Garbage. The swine have not been fed raw garbage.(3-31-22)

03.Slaughter Swine Exceptions. Swine shipped directly to an approved slaughter establishment or approved livestock market for sale direct to an approved slaughter establishment that are apparently healthy may enter the state of Idaho without a certificate of veterinary inspection.(3-31-22)

IDAPA 02.04.21.401 Brucellosis Requirements

Breeding swine shall be tested negative for brucellosis with an approved test within thirty (30) days prior to entry or originate from a validated brucellosis free herd or validated brucellosis free state.(3-31-22)

IDAPA 02.04.21.402 Pseudorabies Requirements

01.Breeding Swine.

Breeding swine may be shipped directly from:(3-31-22)

a.A farm of origin or a specifically approved livestock market in a Stage IV or V state/area without Pseudorabies testing; or(3-31-22)

b.A qualified Pseudorabies-negative herd with a negative official Pseudorabies test within thirty (30) days prior to entry into Idaho; or(3-31-22)

c.A farm of origin or a specifically approved livestock market in any other state or area with a negative official Pseudorabies test within thirty (30) days prior to entry and such swine must be quarantined in isolation at destination and retested thirty (30) to sixty (60) days following importation.(3-31-22)

02.Feeder Pigs. Feeder pigs may be shipped directly from:(3-31-22)

a.A farm of origin or a specifically approved livestock market in a Stage IV or V state/area, or be shipped directly from a qualified Pseudorabies-negative herd without a Pseudorabies test; or(3-31-22)

b.A farm of origin or a specifically approved livestock market in any other state or area with a negative official Pseudorabies test within thirty (30) days prior to entry. Such swine must be quarantined in isolation at destination and retested thirty (30) to sixty (60) days following importation.(3-31-22)

03.Slaughter Swine. Slaughter swine that are known to be exposed to Pseudorabies may be shipped directly to an approved slaughter establishment by permit. Slaughter swine, which are not known to be infected or exposed, may be imported from a state/area with a program status up to and including Stage III, for movement directly to an approved slaughter establishment, with a permit. Slaughter swine from Stage IV or V state/area, which are not known to be infected or exposed, may be imported directly to approved slaughter establishments or to specifically approved livestock markets for sale to approved slaughter establishments, without a permit.(3-31-22)

IDAPA 02.04.21.403 (Reserved)

IDAPA 02.04.21.500 Dogs and Cats

All dogs and cats imported into the state of Idaho must be accompanied by a CVI. Dogs and cats twelve (12) weeks of age or older shall be vaccinated for rabies.(3-31-22)

IDAPA 02.04.21.501 (Reserved)

IDAPA 02.04.21.600 Importation of Domestic Cervidae

Domestic cervidae may enter the state of Idaho, by permit, provided:(3-31-22)

01.Certificate of Veterinary Inspection and Testing. The cervidae are accompanied by a certificate of veterinary inspection and meet the testing requirements of Section 601.(3-31-22)

02.National CWD Herd Certification Program Participation. All cervidae must originate from a herd that is in good standing and actively participating in the National CWD Herd Certification Program. (3-31-22)

03.Deworming Requirement. All cervidae that originate from locations east of the 100th meridian, except those consigned directly to slaughter at an approved slaughter establishment, are required to receive anthelminthic, approved for treatment of P. t e n u i s, within one hundred eighty (180) days prior to import into Idaho.

Treatment must be documented on the certificate of veterinary inspection.(3-31-22)

IDAPA 02.04.21.601 Testing Requirements

All cervidae imported into Idaho shall meet the following test requirements:(3-31-22)

01.Brucellosis. Animals six (6) months of age and older originating from a brucellosis surveillance area or brucellosis high risk area shall be negative to at least two (2) different official brucellosis tests from a single blood sample, one (1) of which shall be the BAPA/BPAT and the other shall be the FPA, within sixty (60) days prior to entry, or the animals shall originate directly from a Brucellosis certified free herd or a brucellosis class free state for cervidae.(3-31-22)

2. Tuberculosis. Cervid imports shall comply with all provisions of the “Uniform Methods and Rules – Bovine Tuberculosis Eradication” and Title 9, Part 77 CFR.(3-31-22)

03.Exceptions. Domestic cervids consigned directly to slaughter at an approved slaughter establishment.(3-31-22)

IDAPA 02.04.21.602 Individual Identification

Each cervid animal imported shall be individually identified with two (2) forms of official identification for each animal according to IDAPA 02.04.19, “Rules Governing Domestic Cervidae.”.(3-31-22)

IDAPA 02.04.21.603 Destination

Imported domestic cervidae shall be delivered only to approved slau ghter establishments, or domestic cervidae ranches, which are in compliance with the domestic cervidae rules.(3-31-22)

IDAPA 02.04.21.604 Import Permit

Domestic cervidae imported into Idaho shall require a permi t issued by the Division of Animal Industries. (3-31-22)

IDAPA 02.04.21.605 From Certified Cwd Free Herd

All elk and reindeer imported into Idaho shall originate from a herd that has been enrolled in a CWD monitoring program for at least sixty (60) months and which has been determined to have certified CWD free cervid herd status by the animal health official of the state of origin. No elk or reindeer that have ever been located within a CWD endemic area shall be imported into Idaho.(3-31-22)

01.Records. Importation of cervids into Idaho must include the records and causes of death for the past five (5) years for the entire herd of origin.(3-31-22)

IDAPA 02.04.21.606 (Reserved)

IDAPA 02.04.21.650 Fish

No person shall import, transport, receive or otherwise bring into the State of Idaho any live fish or viable hatching eggs that are listed as Deleterious Exotic Animals in IDAPA 02.04.27 “Rules Governing Deleterious Exotic Animals,” or Invasive Species as listed in IDAPA 02.06.09, “Rules Governing Invasive Species.”(3-31-22)

IDAPA 02.04.21.651 (Reserved)

IDAPA 02.04.21.660 Certificate and Permit

In addition to any permits or certifications required by the Id aho Department of Fish and Game, all live fish and viable hatching eggs imported into Idaho must be accompanied by an import permit issued by the Administrator; and

01.A Certificate of Veterinary Inspection Issued in the State of Origin; or(3-31-22)

02.Title 50 Certification; or(3-31-22)

03.American Fisheries Society Certified Fish Health Inspector’s Certification.(3-31-22)

IDAPA 02.04.21.661 Origin of Fish

All shipments of live fish and viable hatching eggs imported into Idaho must be accompanied by an invoice or bill of ladi ng that clearly describes the origin(s), species, inventory, lot number, and destination of all fish in the shipment.

IDAPA 02.04.21.662 (Reserved)

IDAPA 02.04.21.670 Vhsv Positive Areas

No fish or viable hatching eggs from any VHSV positive area shall be imported into Idaho unless the shipment has been authorized and is accompanied by a permit issued by the director of the Idaho Department of Fish and Game.

IDAPA 02.04.21.671 (Reserved)

IDAPA 02.04.21.700 Avian Species

All birds imported into Idaho shall have either a certificate of veterinary inspection or other approved certificate.

IDAPA 02.04.21.701 Poultry and Poultry Hatching Eggs

All poultry and poultry hatching eggs imported into the state of Idaho shall either:(3-31-22)

Originate from NPIP Flock. Originate from a certified NPIP flock and have a valid VS Form 9-3 accompanying the shipment; or(3-31-22)

02.Salmonella Test. Every bird in the shipment shall be tested negative for Salmonella pullorumtyphoid within the past thirty (30) days and have a valid certificate of veterinary inspection accompany the shipment.

Test results shall be recorded on the certificate of veterinary inspection.(3-31-22)

03.Endemic Areas. Importation of poultry originating from a premises or region designated by the animal health official in the state of origin as having an active avian influenza outbreak shall be prohibited. (3-31-22)

IDAPA 02.04.21.702 Ratites and Ratite Ha

TCHING EGGS.

Ratites and ratite hatching eggs imported in the state of Idaho shall:(3-31-22)

Originate from NPIP Flock. Originate from a certified NPIP flock and have a valid VS Form 9-3 accompanying the shipment.(3-31-22)

02.Not Originating From a NPIP Flock. Ratites originating from a non-NPIP flock shall be tested negative for Salmonella pullorum-typhoid within the past thirty (30) days prior to shipment, and the test results shall be recorded on a valid certificate of veterinary inspection.(3-31-22)

03.Endemic Areas. Importation of poultry originating from a premises or region designated by the animal health official in the state of origin as having an active avian influenza outbreak shall be prohibited. (3-31-22)

04.Ratite Approved Feedlots. Ratites imported to be fed for slaughter in a ratite feedlot approved by the Administrator may be exempt from NPIP test requirements provided:(3-31-22)

a.Feedlot owners maintain complete and accurate records of the disposition of all ratites qualified into the approved ratite feedlot; and(3-31-22)

b.Feedlot owners annually apply for renewal of approved feedlot status prior to expiration on December 31st of each calendar year.(3-31-22)

c.All ratites imported into an approved ratite feedlot must have a valid entry permit prior to entry.

IDAPA 02.04.21.703 (Reserved)

IDAPA 02.04.21.710 Domestic Fur-Bearing Animals

All domestic fur bearing animals which are transported or moved into the state of Idaho are required to have a certificate of veterinary inspection from the state of origin and an import permit from the Division of Animal Industries.(3-31-22)

01.Certificate and Permit. The certificate and permit shall accompany the shipment of the animals.

02.Mink. All mink imported into the state of Idaho shall be tested negative for Aleutian Disease using the counterelectrophoresis (CEP) test, within thirty (30) days prior to import. Negative test results shall be recorded on the certificate of veterinary inspection.(3-31-22)

03.Other Tests. The Administrator may approve tests other than CEP for Aleutian Disease testing.

IDAPA 02.04.21.711 (Reserved)

IDAPA 02.04.21.720 Wildlife and Exotic Animals

All native and non-native wildlife, and all exotic animals imported into Idaho:(3-31-22)

Deleterious Exotic Animals. No person shall import deleterious exotic animals into the state of Idaho except as provided in IDAPA 02.04.27, “Rules Governing Deleterious Exotic Animals.”(3-31-22)

02.Wildlife and Exotic Animals, Except Deleterious Exotic Animals. Wildlife and exotic animals, except deleterious exotic animals, and all matters pertaining to any restrictions governing their movement into the state of Idaho, are under the authority of the Idaho Department of Fish and Game.(3-31-22)

03.Certificate and Permit. In addition to any requirements of the Idaho Department of Fish and Game, wildlife and exotic animals are required to have a certificate of veterinary inspection from the state of origin and an import permit from the Division of Animal Industries.(3-31-22)

04.Additional Requirements. The Administrator may impose test and certification requirements, for diseases of concern, on any native or non-native wildlife, or exotic animals imported into Idaho.(3-31-22)

IDAPA 02.04.21.721 (Reserved)

IDAPA 02.04.21.800 Biologics

Serum, vaccines, bacterins and biological remedies of all kinds used as diagnostic agents or used in the treatment of diseases of animals shall not be sold, distributed or used within the state of Idaho or imported into the state for sale, distribution or use unless such serum, vaccines, bacterins and biological remedies have been produced under a license issued by USDA/AHPIS/VS.(3-31-22)

IDAPA 02.04.21.801 (Reserved)

IDAPA 02.04.21.900 Violation of Rules

In addition to any other civil, criminal, or administrative action, the Administrator may require any animals imported into Idaho in violation of these rules to be placed under strict quarantine and consigned to immediate slaughter, removed from the state or to an approved feedlot within fifteen (15) days, or such shipment shall be returned to the point of origin by the importer.(3-31-22)

IDAPA 02.04.21.901 (Reserved)

02.06.06 Rules Governing the Planting of Beans

IDAPA 02.06.06.000 Legal Authority

This chapter is adopted under the legal authority of Secti ons 22-1907, 22-2004, and 22-2006, Idaho Code. (3-15-22)

IDAPA 02.06.06.001 Scope

These rules govern the planting of beans in Idaho.(3-15-22)

IDAPA 02.06.06.002 (Reserved)

IDAPA 02.06.06.010 Definitions

The Department adopts the definitions set forth in Sectio n 22-2005, Idaho Code. In addition, as used in this chapter:

01.Department Approved Tag (Yellow Tag). A tag issued by the Department to seed lots produced west of the Continental Divide in the contiguous United States. The seed lot must be accompanied by a phytosanitary certificate of official field inspection report issued by the regulatory agency of the state of origin, listing the diseases the crop was inspected for, that must include the regulated pests as defined in Section 012, 013.01, and 013.02 for Non-Phaseolus of these rules and be based on growing season and windrow or pre-harvest inspections. Seed lots must pass laboratory testing performed by the Department on samples drawn in Idaho by the Department and found free from regulated pest(s) as listed in Section 012 of this rule. Non-Phaseolus must also pass laboratory testing performed by the Department or Department-approved laboratories, on samples drawn in Idaho by the Department for regulated pest(s) as listed in Section 013 of this rule.(3-15-22)

02.Department In-State Planting Tag (Green Tag). A tag issued by the Department to seed lots in compliance with growing season and windrow inspections in Idaho.(3-15-22)

03.Detailed Varietal Planting Plan. A plan that shows the variety name, seed lot number, In-state planting tag number (State Number) or other verified planting eligibility, pounds planted, acres planted, origin of seed, and the results of laboratory testing.(3-15-22)

04.Drip Irrigation. A system of crop irrigation involving the controlled delivery of water directly to individual plants through a network of stationary tubes or tapes, excluding drag lines.(3-15-22)

05.Edible Harvest. Seed planted in Idaho intended for edible purposes (dried edible seed). (3-15-22)

06.Experimental Plots. Subdivisions of trial grounds used for the introduction of seed otherwise ineligible for planting in Idaho.(3-15-22)

07.Field. A parcel of land with recognizable boundaries which may include but not be limited to areas which are mowed, uncropped or planted to crops other than the kind in question.(3-15-22)

08.Home Garden. Personal use home gardens with a maximum of one-half (0.5) acre wherein Phaseolus or Non-Phaseolus species are planted for consumption and will not be utilized for replanting outside the same home garden where they were produced or offered for sale or sold for further propagation in Idaho.(3-15-22)

09.ICIA Tag. A tag issued by ICIA provided that the lot was field and windrow inspected by ICIA in accordance with these rules.(3-15-22)

10.In-State Planting Tag Number (State Number). A number assigned by the Department to each lot which has successfully passed the Department’s field and windrow inspection requirements in which no regulated pests were found.(3-15-22)

11.Introduction Plots. Subdivisions of trial grounds used for the introduction or increase of bean seed.(3-15-22)

12.Oregon Department of Agriculture Inspection Tag. A tag issued to seed lots produced in Malheur County, Oregon which were inspected in the growing season and in the windrow by the Oregon Department of Agriculture for the regulated pests as defined in Section 012. Non-Phaseolus must also be inspected for regulated pests as defined in Subsections 013.01 and 013.02 of these rules.(3-15-22)

13.Pre-Harvest Inspection. Inspection done prior to harvest, where harvest methods or crop condition do not allow for windrow inspection.(3-15-22)

14.Rill Irrigation. A method of applying non-pressurized irrigation water to crops in a free flow manner by using a series of drip, ditches, canals, siphon tubes, and gated pipe utilizing gravity as means of conveyance within the field.(3-15-22)

15.Seed Borne. Pest(s) that can be found on the seed or within the seed coat but do not necessarily result in the transfer of the pest to the resulting plant. (3-15-22)

16.Seed Lot. A definite quantity of seed identified by a lot number, every portion or bag of which is uniform, within permitted tolerances, for factors that appear in the labeling.(3-15-22)

17.Seed Transmitted. Pest(s) that can be transferred from the seed into the resulting plant. (3-15-22)

18.Sprinkler Irrigation. An overhead water delivery system used to disperse irrigation water to crops in a designated pattern utilizing a pump, a network series of pipes and delivering water under a controlled pressure in a predetermined quantity.(3-15-22)

19.Trial Grounds. Parcels of land or greenhouses set aside for the purpose of research testing, introduction, increases, or breeder nurseries.(3-15-22)

20.True Identity of Seed Lot. True identity of seed lot is recorded using information provided by the applicant on the application for field inspection or on the detailed varietal planting plan and harvest records. The true identity of the seed lot is maintained by the Department after the applicant has finalized the harvest information and provided such to the Department.(3-15-22)

21.Windrow Inspection. An inspection procedure performed on a seed crop prior to harvest but after the crop has been cut and allowed for curing or drying out.(3-15-22)

IDAPA 02.06.06.011 Abbreviations

01.ICIA. Idaho Crop Improvement Association.(3-15-22)

02.ISDA. Idaho State Department of Agriculture.(3-15-22)

IDAPA 02.06.06.012 Regulated Pests (phaseolus and Non-Phaseolus)

01.Anthracnose. Caused by (Colletotrichum lindemuthianum), (Glomerella lindemuthiana).

02.Bacterial Wilt. Caused by (Curtobacterium flaccumfaciens pv. flaccumfaciens), (Corynebacterium flaccumfaciens).(3-15-22)

03.Brown Spot. Caused by (Pseudomonas syringae pv. syringae), (P. syringae).(3-15-22)

04.Common Blight. Caused by (Xanthomonas axonopodis pv. phaseoli), (X. phaseoli), (X. phaseoli var. fuscans).(3-15-22)

05.Fuscus Blight. Caused by (Xanthomonas fuscans subsp. fuscans).(3-15-22)

06.Halo Blight. Caused by (Pseudomonas savastanoi pv. phaseolicola), (P. phaseolicola). (3-15-22)

IDAPA 02.06.06.013 Regulated Pests (non-Phaseolus Only)

01.Soybean Cyst Nematode. (Het erodera glycines).(3-15-22)

02.Asian Soybean Rust. Caused by (Phakopsora pachyrhizi).(3-15-22)

03.Soil. There is a zero (0) tolerance, as defined by the soil tolerance standards of the Association of Official Seed Analysts (AOSA), for soil in any lot of a regulated article imported into Idaho and destined for planting in Idaho. This prohibition does not apply to seed of Idaho or Malheur County, Oregon origin.(3-15-22)

IDAPA 02.06.06.014 (Reserved)

IDAPA 02.06.06.050 Regulated Articles

All seed and growing plants of (Phaseo lus) species, from any source, being grown or planted for the production of seed, planted for edible harvest, or research within the state of Idaho. All seed and growing plants of Non-Phaseolus including soybean (Glycine max), mung bean (Vigna radiata), and azuki bean (Vigna angularis) and any other plant species capable of spreading a regulated pest as a contaminant or in a seed borne or seed transmitted manner, from any source and being planted within the state of Idaho, unless otherwise exempted in this rule.(3-15-22)

IDAPA 02.06.06.051 Edible Harvest Exemption

Seeds planted for edible harvest must bear an approved Green, ICIA, or ODA tag. Yellow tags are not eligible for planting under the edible harvest exemption. Seeds planted for edible harvest are not required to undergo inspection requirements defined in Section 150, and are not covered by the irrigation restrictions defined in Section 200.10.

(7-1-26)

IDAPA 02.06.06.052 Home Garden Exemption

Seeds planted for home garden use and consumption that will not be sold for replanting outside the original home garden space are allowed to utilize small package, non-tagged seed and are exempt from inspection requirements defined in Section 150 of this rule and from irrigation restrictions defined in Section 200.10. All seed intended for production of seed for replanting outside the home garden where they were produced are defined as Regulated Articles in Section 050.(3-15-22)

IDAPA 02.06.06.053 (Reserved)

IDAPA 02.06.06.150 Inspection

Phaseolus seeds harvested from bean fields in Idaho intended for replanting in Idaho shall be submitted to the Department or the ICIA for growing season and pre-harvest/windrow inspections. Non-Phaseolus seeds intended for planting or replanting in Idaho shall be submitted to the Department or the ICIA for growing season and pre-harvest/ windrow inspections.(3-15-22)

01.Application for Inspection.(3-15-22)

a.Deadline for Submission. Received by the Department on or before July 1 of each year. (3-15-22)

b.Application Forms. Forms will be provided by the Department or may be company generated.

Company generated application forms must be approved by the Department prior to submission.(3-15-22)

c.Additional or Substitute Acreage. Applications for additional or substitute acreage may be submitted until August 1 and will be accepted on a case by case basis and the cost of inspection to be determined by the Director.(3-15-22)

02.Active Growth Inspection. Unless the Director, in his sole discretion, deems additional inspections are necessary, the bean seed will be inspected as follows:(3-15-22)

a.Fields under rill or drip irrigation -- at least once.(3-15-22)

b.Fields under sprinkler irrigation -- at least twice.(3-15-22)

03.Windrow or Pre-Harvest Inspection.(3-15-22)

a.Number of inspections -- at least once.(3-15-22)

b.The Director may authorize qualified personnel to perform windrow inspections under the supervision of the Department.(3-15-22)

c.The Director may upon written request of the seed company agent perform standing crop preharvest inspection.(3-15-22)

IDAPA 02.06.06.151 (Reserved)

IDAPA 02.06.06.200 Requirements for Planting Bean Seed in Idaho

In order to be eligible for planting bean seed in Idaho:(3-15-22)

01.Idaho Grown Seed. Seeds planted must be from a lot that has an in-state planting tag number (state number) assigned by the Department based on growing season and windrow or final inspections and be tagged by the Department with a Department In-State Planting Tag (Green tag) or be tagged by the ICIA in accordance with these rules.(3-15-22)

02.Malheur County, Oregon Grown Seed. Bean seed produced in Malheur County, Oregon must be from a lot inspected in the growing season and in the pre-harvest or windrow for the regulated pests as defined in Section 012. Non-Phaseolus shall also include inspection for the regulated pests as defined in Subsections 013.01 and 013.02. Seed must be tagged by the Oregon Department of Agriculture. The ICIA may inspect and issue tags for bean seed grown in Malheur County, Oregon provided that each field is inspected according to these rules and the Malheur County Bean Disease Control Area order.(3-15-22)

03.Imported Seed Grown West of the Continental Divide in the Contiguous United States.

Imported bean seed grown west of the Continental Divide in the contiguous United States must:(3-15-22)

a.Be accompanied by a phytosanitary certificate or official field inspection report issued by the regulatory agency of the state of origin, listing the diseases for which the crop was inspected, that must include the regulated pests as defined in Section 012 of these rules, and stating that the crop was field and windrow or pre-harvest inspected. Non-Phaseolus phytosanitary certificate or official field inspection report shall also include regulated pests as defined in Subsections 013.01 and 013.02;(3-15-22)

b.Seed lot shall successfully pass laboratory tests conducted by the Department from samples officially drawn in the state of Idaho by the Department for regulated pests as defined in Section 012. Non-Phaseolus shall also pass laboratory tests for regulated pests as defined in Sections 012 and 013. Tests will be conducted by the Department from samples officially drawn in the state of Idaho by the Department;(3-15-22)

c.Bear a Department approved tag (yellow);(3-15-22)

d.Not be planted under sprinkler irrigation; and(3-15-22)

e.Each field planted in Idaho must be submitted for field and windrow or pre-harvest inspections.

04.Imported Seed Grown East of the Continental Divide in the Contiguous United States or of Foreign Origin. Imported bean seed grown east of the Continental Divide in the Contiguous United States or of foreign origin to be planted in Idaho shall be planted only on an approved trial ground as outlined in Section 250.

05.Idaho Grown Seeds Shipped to a Foreign Country and Returned. Bean seeds shipped to a foreign country may be returned to Idaho but, upon return, be planted on an approved trial ground as outlined in Section 250.(3-15-22)

06.Idaho Grown Seeds Shipped Within the Contiguous United States, Except Malheur County, Oregon, and Returned. Bean seeds shipped outside Idaho or Malheur County, Oregon, in the contiguous United States, which were tagged with one (1) of the approved planting tags listed in Subsection 200.09 prior to leaving the state and at the Director's discretion were segregated in such a way to ensure freedom from regulated pests, may be returned to Idaho for planting under the following conditions:(3-15-22)

a.A written request to bring seed back into Idaho must be submitted to ISDA and approved prior to planting.(3-15-22)

b.Seed tags and packaging are intact with the segregation of the seed deemed satisfactory by the Director.(3-15-22)

c.Bean seed not tagged with one (1) of the approved planting tags listed in Subsection 200.09 prior to leaving the state, returned to Idaho without seed tags and packaging intact, or not segregated to the satisfaction of the Director, may be returned to Idaho but, upon return, will fall under Subsection 200.03 of these rules or may be planted on an approved trial ground as outlined in Section 250.(3-15-22)

07.Contaminated Seeds. The seeds from any bean field found or known to be contaminated with a regulated pest, as defined in Sections 012 and 013 of these rules, cannot be planted in Idaho.(3-15-22)

08.True Identity of Seed Lots. Failure to maintain the true identity of any seed lot intended for seed purposes will automatically disqualify that lot for future planting in Idaho.(3-15-22)

09.Tags. Bean seeds planted in Idaho shall be from an approved lot bearing an approved tag on each bag or container, stating the kind, variety, and lot number. The following is a list of approved planting tags in Idaho:

a.Department in-state planting tag (green tag);(3-15-22)

b.Department approved tag (yellow tag);(3-15-22)

c.ICIA tag, provided the lot was field and windrow inspected by ICIA in accordance to these rules; or

d.Oregon Department of Agriculture inspection tag.(3-15-22)

10.Irrigation.(3-15-22)

a.Pintos, Reds, Pinks, Great Northerns, Small Whites, Navy Beans, Blacks, Kidneys, Yellows, Cranberries, and Lima beans:(3-15-22)

i.First generation of seed grown in Idaho must be grown and inspected under rill or drip irrigation.

ii.Thereafter, the seed may be grown and inspected for two (2) consecutive generations in Idaho under sprinkler irrigation.(3-15-22)

iii.Seed grown under sprinkler irrigation for two (2) consecutive generations shall then be grown and inspected for one (1) generation in Idaho under rill or drip irrigation.(3-15-22)

b.All other beans:(3-15-22)

i.First generation of seed grown in Idaho must be grown and inspected under rill or drip irrigation.

ii.Thereafter, the seed may be grown and inspected for two (2) consecutive generations in Idaho under sprinkler irrigation, following Subsections 200.10.b.iii. through 200.10.b.v.(3-15-22)

iii.Any time seed has been grown and inspected for one (1) generation in Idaho under sprinkler irrigation and prior to planting the seed under sprinkler, rill, or drip irrigation in Idaho, the seed must be sampled and laboratory tested by the Department in Idaho and found negative for the regulated pests.(3-15-22)

iv.Following a second consecutive planting of the seed under sprinkler irrigation in Idaho, the seed must be sampled and laboratory tested by the Department in Idaho and found negative for the regulated pests.

v.After meeting the requirements of Subsections 200.10.b.i. through 200.10.b.iv., the seed must be grown and inspected for one (1) generation in Idaho under rill or drip irrigation.(3-15-22)

IDAPA 02.06.06.201 (Reserved)

IDAPA 02.06.06.250 Trial Grounds

01.General Trial Ground Requirements.

a.A written request for trial ground must be submitted to the Director for approval prior to May 20 of the year the bean seed will be planted and must contain:(3-15-22)

i.Name of person in charge.(3-15-22)

ii.Geographic location and size of trial ground.(3-15-22)

iii.Detailed varietal planting plan. If the original planting plan is changed, the person in charge of the trial ground must notify the Director.(3-15-22)

b.Must be jointly supervised by the Department and personnel approved by the Director.(3-15-22)

c.The land must be owned or leased by the applicant. If leased, a copy of the lease must accompany the application.(3-15-22)

d.More than one (1) trial ground may be approved provided that a separate application is submitted and each trial ground meets the requirements of Section 250.(3-15-22)

02.Trial Ground Subdivisions.(3-15-22)

a.Experimental Plots. A maximum of one (1) pound of bean seed per variety per company or designated agent for any given year may be planted in an experimental plot without laboratory testing. Non- Phaseolus shall successfully pass laboratory tests for regulated pests as defined in Subsections 013.01 and 013.03.

Tests will be conducted by a Department-approved lab from samples officially drawn in the state of Idaho by the Department.(3-15-22)

b.Introduction Plots. Introduction plots are limited to a maximum of two (2) acres per variety per company or designated agent for any given year and each seed lot to be planted in an introduction plot must successfully pass laboratory tests conducted by the Department from samples officially drawn in the state of Idaho by the Department for regulated pests in Section 012. Non-Phaseolus shall also successfully pass laboratory tests for regulated pests as defined in Section 013. Tests will be conducted by a Department-approved lab from samples officially drawn in the state of Idaho by the Department.(3-15-22)

03.Trial Ground Restrictions and Inspection Procedures.(3-15-22)

a.Any machinery used in production of bean seed on trial grounds must be disinfected, to the satisfaction of the Director, prior to movement to other bean fields.(3-15-22)

b.Approved trial grounds shall not be planted under sprinkler irrigation.(3-15-22)

c.During each growing season there will be a minimum of four (4) active growth inspections and one (1) windrow or pre-harvest inspection.(3-15-22)

04.Detection of Regulated Pest.(3-15-22)

a.If a regulated pest is found by field inspection, windrow, or pre-harvest inspection or subsequent laboratory seed testing, the infested seed must be destroyed and the field must follow the requirements of Subsection 400.02. Once the negative seed plots have been harvested, the grower must follow the destruction requirements outlined in Subsection 400.02 for the remainder of the trial ground.(3-15-22)

b.None of the remaining bean seed produced on that designated trial ground may be released for general planting in Idaho. The remaining seeds harvested from the field on which the trial ground is located must be sampled and laboratory tested by the Department. If the laboratory test is negative for the regulated pests, then the seeds must be planted on an approved trial ground for one (1) additional year and are limited to a maximum of two (2) acres.(3-15-22)

IDAPA 02.06.06.251 (Reserved)

IDAPA 02.06.06.300 Special Situations

The Director may grant specific exemptions for research purposes for the planting of beans that do not meet the requirements of Sections 200 or 250. Seed not meeting the requirements of Sections 200 or 250 must be planted only in counties where commercial beans or bean seed is not produced, as determined by the Director.(3-15-22)

IDAPA 02.06.06.301 (Reserved)

IDAPA 02.06.06.350 Detection, Identification, and Reporting of Regulated Pests

01.Reporting.

Any person will report to the Department the detection of any of the regulated pests.

02.Observation. Detection of regulated pests will be based on the observance of symptoms in the field.(3-15-22)

03.Detection of a Regulated Pest. Upon confirmation of a regulated pest, all bean fields adjacent to the infested field, fields where equipment was shared, and fields planted with the same parent seed will be inspected by ISDA or ICIA.(3-15-22)

04.Disagreement. In case of disagreement concerning the identity of the regulated pest or the virulence of the pathogen to Phaseolus or non-Phaseolus, the Department will submit cultures of the suspected pathogen to a plant pathologist appointed by the Dean of the College of Agriculture and Life Sciences, University of Idaho. The results and findings obtained by the approved pathologist are final.(3-15-22)

05.Release of Information. When the presence of a regulated pest is confirmed, information regarding the location and acres involved will be released upon confirmation.(7-1-26)

IDAPA 02.06.06.351 (Reserved)

IDAPA 02.06.06.400 Disposition of Diseased Seed and Infected Fields

01.Quarantine.

Any field in which there is a disagreement concerning the identity of the regulated pest or the virulence of the pathogen to its host will be placed under quarantine. Entry to the quarantined area will be restricted to the grower or his agents, Department officials, University of Idaho plant pathologists, and persons authorized in writing by the Director. Persons granted entry to the quarantined area will be required to take all necessary sanitary precautions prescribed by the Director.(3-15-22)

02.Destruction.(3-15-22)

a.Upon the confirmation of a regulated pest, any bean fields within the boundaries of the state will be destroyed in total, as required by the Director, to eliminate the pest at the expense of the grower and his landlord. The Director will notify the grower or his landlord of the method and extent of the destruction and safeguards against pest spread in order for the parties to comply. A written plan of destruction and disinfection must be signed by the Department, Company Representative, and the grower.(3-15-22)

b.No residue or harvested seed can leave the field boundaries upon notification to the grower by the Department. The grower has seven (7) days to burn or breakup plant material, and incorporate into the soil by plowing or other method as approved by the Director. All equipment used to eliminate the pest is required to be disinfected. Destruction and disinfection will be witnessed by the Department. The field will then be quarantined from bean plantings throughout the permanent boundary for five (5) years following the detection of Anthracnose and Bacterial Wilt, and for three (3) years for all other regulated pests as listed in Section 012, Subsections 013.01, and

IDAPA 02.06.06.013 02.(3-15-22)

03.Threshing and Segregating. When the symptoms of a regulated pest are first detected during windrow inspection and laboratory confirmation is necessary, the Director may allow the beans to be threshed and segregated until laboratory results are obtained.(3-15-22)

IDAPA 02.06.06.401 (Reserved)

IDAPA 02.06.06.450 Exemptions from Destruction

Fields contaminated with brown spot, (Pseudomonas syringae pv. syringae), are exempt from destruction. The Department will review this exemption as necessary.(3-15-22)

IDAPA 02.06.06.451 (Reserved)

IDAPA 02.06.06.550 Fees and Charges

The fees and charges for tags and inspections under these rules are:(3-15-22)

01.Tags. Green tags or Yellow tags for In-State Planting Purposes -- Eighteen cents ($0.18) per hundred-weight.(3-15-22)

02.Applications.(3-15-22)

a.Application for Field Inspection -- Five dollars ($5) each.(3-15-22)

b.Late Application for Field Inspection -- Ten dollars ($10) each.(3-15-22)

03.Field Inspections.(3-15-22)

a.Inspection Fees.(3-15-22)

i.Active Growth Fees -- Three dollars and fifty cents ($3.50) per acre, per inspection, fifty dollar ($50) minimum.(3-15-22)

ii.Windrow or Pre-harvest Fees -- Three dollars and fifty cents ($3.50) per acre, fifty dollars ($50) minimum.(3-15-22)

iii.Department Approved Trial Grounds - origin east of the Continental Divide -- Ten dollars ($10) per acre, per inspection, fifty dollars ($50) minimum. (3-15-22)

iv.Department Approved Trial Grounds - origin West of the Continental Divide -- Three dollars and fifty cents ($3.50) per acre, per inspection, fifty dollars ($50) minimum. (3-15-22)

v.Requests for pre-harvest or windrow inspections after office hours, on weekends or holidays will be charged at cost plus mileage.(3-15-22)

04.Laboratory Seed Sampling. Official Sample -- twenty dollars ($20) per sample. Sample size requirements for imported seed:

05.Plant Pathological Laboratory Services. Fees will be charged at current laboratory rates and are available upon request.(3-15-22)

06.Confirmation Fees. The party disputing the Department’s determination of the presence of a regulated pest per Subsection 350.04 will be responsible for the payment of fees charged by the University of Idaho.

07.Soil Analysis. Testing for the presence of soil will be performed by the Idaho State Seed Laboratory or other seed laboratory approved by the Department. The cost of soil analysis will be at the normal rates as is charged by those approved laboratories.(3-15-22)

08.Nematode Analysis. Nematodes testing will be performed by the University of Idaho Nematology Laboratory or other laboratory approved by the Department. The cost of analysis for nematodes will be at the normal rates for testing as is charged by those approved laboratories.(3-15-22)

09.Special Project Fee. Special projects not covered by existing fee schedule may be billed at twentyfive dollars ($25) per hour with a minimum twenty-five dollar ($25) fee. Special projects, include but are not limited to, research, lot history verification, data entry, sales and purchases, transfer of lots into ISDA database, ISDA training of private company personnel or any other circumstance approved by the Director.(3-15-22)

IDAPA 02.06.06.551 (Reserved)

Lot sizeSample Size <10 poundsNegotiable 10 - 14 pounds0.5 pounds 15 - 25 pounds1.0 pounds 26 - 50 pounds1.5 pounds 51 - 200 pounds2.0 pounds 201 - 1,000 pounds3.0 pounds >1,000 pounds 5.0 pounds for every 10,000 pounds or portion thereof Non-Phaseolus Nematode 1.0 pound for every 10,000 pounds or portion thereof Non-Phaseolus Nematode Trial Ground Experimental Plot 50 grams Non-Phaseolus Soil Exam 500 grams (seed can be returned to applicant, upon request)