Legal Scales The ISDA Rulemaking Process

In Idaho, rulemaking is governed by the Idaho Administrative Procedures Act ("Idaho APA")(Title 67, Chapter 52, Idaho Code). Rulemaking is conducted by state agencies for a variety of reasons, with three of the most common being the enactment or amendment of a statute by the state Legislature, new regulations adopted by the federal government or receipt of a petition from outside the agency to change or adopt a rule. A stakeholder may petition the agency to initiate rulemaking by completing a Petition to Initiate Rulemaking.

When feasible, negotiated rulemaking is conducted with interested parties, in order to improve the final rule and expedite the rulemaking process by drawing upon shared information, knowledge, expertise and technical abilities. Negotiated rulemaking begins with the publication of a Notice of Negotiated Rulemaking in the Idaho Administrative Bulletin. In the event the ISDA determines that negotiated rulemaking is not feasible, an explanation as to how that determination was made will be published in the Notice of Rulemaking - Proposed Rule. Following negotiation, the agency will publish a Notice of Proposed Rule and the text of the proposed rule. Both documents are published in the Administrative Bulletin, as well as on ISDA's website.

The Idaho APA provides for public comment as part of the rulemaking process. If you are interested in providing comments on one or more of the proposed rules, you may do so by submitting your comments in writing to the person named in the Notice, or by submitting comments to: rulesinfo@agri.idaho.gov. Please specify the rule name in your comments. Be aware that public comments are part of the rulemaking record and are public record.

After the time for commenting on a proposed rule has passed, and after any hearings which might he held, the agency will publish a Notice of Pending Rule. Pursuant to the Idaho APA, all pending rules are sent to the Legislature for review. Pending rules will become effective when the Legislature adjours sine die, unless both chambers of the Legislature vote to disapprove a particular pending rule. Rules are compiled in the Idaho Administrative Code and have the force and effect of law.

Current ISDA rules are published on the ISDA website here: ISDA rules. Open rulemaking dockets can be accessed below.

Questions about the rulemaking process or to be added to the rulemaking distribution list contact: rulesinfo@agri.idaho.gov.

RULEMAKING ARCHIVE
Rulemaking 2012

Rulemaking 2013

Rulemaking 2014

 

ISDA Rulemaking 2015 - 2016
ISDA DIVISION DOCKET DESCRIPTION STATUS

Agricultural Inspections

02.02.14 Rules for Weights and Measures
Incorporate by reference the 2016 edition of the National Institute of Standards and Technology Handbook 44 Requirements.

Pending rule to be published in September Bulletin.

Animal Industries

02.04.21 Rules Governing Importation of Animals
Rulemaking initiated to change the accepted age for virgin bulls imported into Idaho, and extend the validity of a Trich test.

Negotiated rulemaking meeting was held July 23, 2015 at 10 am. Comments due by July 30, 2015.

 

02.04.29 Rules Governing Trichomoniasis
Rulemaking initiated to harmonize Trichomoniasis testing regulations for all western states.

Negotiated rulemaking meeting was held July 23, 2015 at 11 am. Comments due by July 30, 2015.

Plant Industries

02.06.02 Rules Pertaining to the Idaho Commercial Feed Law
Incorporate by reference the 2016 Official Publication of the Association of American Feed Control Officials (AAFCO).

Pending rule to be published in September Bulletin.

 

02.06.12 Rules Pertaining to the Idaho Fertilizer Law
Incorporate by reference the 2016 Official Publication of the Association of American Plant Food Control Officials (AAPFCO).

Pending rule to be published in September Bulletin.

 

02.06.22 Noxious Weed Rules
Rulemaking initiated to add Purple starthistle and Iberian starthistle to the Noxious Weed list.

Negotiated rulemaking meeting was held July 14, 2015 at 10 am. Comments due by July 27, 2015.

 

02.06.25 Rules Governing the Planting of Beans, Other Than Phaseolus Species, in Idaho
Rulemaking initiated to add a small trial ground exemption to this rule.

Negotiated rulemaking meeting was held July 22, 2015 at 10 am. Comments due by July 27, 2015.

 

02.06.41 Rules Pertaining to the Idaho Soil and Plant Amendment Law
Incorporate by reference information and updates contained in the 2016 Official Publication of the Associated on American Plant Food Control Officials (AAPFCO).

Pending rule to be published in September Bulletin.