Legal Scales The ISDA Rulemaking Process

When practical, negotiated rulemaking will be undertaken in order to improve the final rule and expedite the rulemaking process by drawing upon shared information, knowledge, expertise and technical abilities possessed by interested persons. The ISDA values the opinions of its stakeholders as an integral part of the process.

The Idaho Administrative Procedures Act calls for public comment as part of the rulemaking process. Please be aware that public comments will become part of the official rulemaking record and will therefore become public record. 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 Be sure to specify the rule name in your comments. Only underscored or stricken text is being considered for amendment by the ISDA.

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".

Current rules are published on the ISDA website here: agriculture rules

Questions about the rulemaking process should be directed to: rulesinfo@agri.idaho.gov.

RULEMAKING ARCHIVE
Rulemaking 2012

Rulemaking 2013

 

ISDA Rulemaking 2014
ISDA DIVISION DOCKET DESCRIPTION STATUS/INFORMATION
Administration

02.01.05 Rules Governing Certificates of Free Sale
The current rule requires payment within thirty (30) days of invoice. Common business practices for some companies are to pay on sixty (60) day terms. The proposed change will eliminate the 30 day payment requirement.

Proposed Administrative Rules Form

Notice of Proposed Rule

Proposed Rule Text

Agricultural Inspections

02.02.14 Rules for Weights and Measures
To incorporate by reference the 2015 edition of the National Institute of Standards and Technology Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.

Proposed Administrative Rules Form

Notice of Proposed Rule

Proposed Rule Text

 

 

 

 

02.02.14 Rules for Weights and Measures
Currently, the rules allow a device license fee to be prorated based on when it was placed into service. The cost for Weights and Measures to inspect a device is the same regardless of when a device is placed into service. Therefore cost for time spent by Weights and Measures to calculate and adjust the prorated fee is far greater than the difference in the fee.

Proposed Administrative Rules Form

Notice of Negotiated Rulemaking

Meeting Attendees 7-7-14

Meeting Minutes 7-7-14

  02.02.14 Rules for Weights and Measures
Our current labeling requirement conflicts with the EPA 40 CFR§ 80.1501 when ethanol blends are offered for sale at blends greater than 10%. Any blend less than 10% is not required to be labeled under federal requirements, but will continue to be required by state rule.

Proposed Administrative Form

Notice of Proposed Rule

Proposed Rule Text

 

 

02.06.33 Rules Governing Organic Food Products
To eliminate the requirement for certifying agencies operating in Idaho, and producers and handlers whose annual gross sales are less than $5000, to register with the State and pay registration fees.

Proposed Administrative Rules Form

Notice of Proposed Rule

Proposed Rule Text

Written Comments

Agriculture Resources

02.03.03 Pesticide and Chemigation Use and Application-Licensing
To remove the date restriction section 500.02 that prohibits the use of ester herbicides on lawns after May 1.

Proposed Administrative Rules Form

Notice of Negotiated Rulemaking

Preliminary Draft Rule

Meeting Attendees 6-18-14

Meeting Minutes 6-18-14

Written Comments

Notice of Proposed Rule

Proposed Rule Text

 

Animal Industries

02.04.05 Rules Governing Dairy Standards for Manufacture Grade Milk
The rule will be negotiated to take into account the changes made during the 2014 Legislature (Senate Bill No. 1338) and signed by Governor C. L. Otter on April 3, 2014. The last changes to the rule were accepted in 1994. Since this time some of the contents of the rule have become outdated and need to be revised or removed.

Proposed Administrative Rules Form

Notice of Negotiated Rulemaking

Preliminary Draft Rule

 

02.04.06 Rules Governing Licensed Dairy Plants
The rule needs to be revised to reflect and coincide with the statute change (Senate Bill No. 1338) which was passed during the 2014 Legislature and signed by Governor C. L. Otter on April 3, 2014.

Proposed Administrative Rules Form

Notice of Proposed Rule

Proposed Rule Text

Notice of Pending Rule

 

02.04.14 Rules Governing Dairy Waste
The rule needs to be revised to reflect and coincide with the statute change (Senate Bill No. 1376) which was passed during the 2014 Legislature and signed by Governor C. L. Otter on March 26, 2014.

Proposed Administrative Rules Form

Notice of Proposed Rule

Proposed Rule Text

Notice of Pending Rule

 

 

02.04.19 Rules Governing Domestic Cervidae
An amendment to Idaho Code Title 25 Chapter 37 was passed by the 2014 Idaho Legislature. This negotiated rulemaking will be to make 02.04.19 consistent with the changes implemented to Idaho Code Title 25, Chapter 37.

Proposed Administrative Rules Form

Notice of Negotiated Rulemaking

Written Comments

Preliminary Draft Rule

Meeting Minutes 7-1-14

Meeting Attendees 7-1-14 (see attendees for Importation of Animals Negotiated Rulemaking 7-1-14)

 

 

02.04.21 Rules Governing Importation of Animals
The Idaho Elk Breeders Association has petitioned ISDA to change the rule that prohibits the importation of domestic cervidae into Idaho that have originated from a region known to be endemic for the meningeal worm parasite because the parasite is no longer of significant concern to the industry.

Petition by Idaho Elk Breeders Assoication

Proposed Administrative Rules Form

Notice of Negotiated Rulemaking

Written Comments

Meeting Attendees 7-1-14

PowerPoint Presentation 7-1-14

WRITTEN COMMENT PERIOD EXTENDED

Meeting Minutes 7-1-14

 

02.04.21 Rules Governing Importation of Animals
Currently, only steers, spayed heifers and intact heifers of beef breeds that are consigned directly to feedlots approved for finish feeding are exempt from the tuberculosis testing requirement for imports. The Idaho Cattle Association has petitioned ISDA to broaden the exemption to include dairy breeds that are being consigned directly to feedlots approved for finish feeding. Additionally, ISDA will be amending section .109 to address import requirements relative to vesicular stomatitis (VS) exposure.

Proposed Administrative Rules Form

Petition by Idaho Cattle Association

Notice of Negotiated Rulemaking

Meeting Attendees 7-21-14

Meeting Minutes 7-21-14

 

02.04.24 Rules Governing Tuberculosis
The Idaho Cattle Association petitioned ISDA to change the Rules Governing the Importation of Animals related to the importation of dairy breed cattle that have not been tested for tuberculosis.

Proposed Administrative Rules Form

Notice of Negotiated Rulemaking

Meeting Attendees 7-21-14 (see attendees for Importation of Animals Negotiated Rulemaking 7-21-14)

 

02.04.28 Rules Governing Livestock Dealers, Buying Stations and Livestock Trader Lots
The Idaho Livestock Auction Association has petitioned ISDA to change the portion of the rule that holds trader lots to a different standard for the release of cattle, compared to the requirements that are set forth upon livestock markets in IDAPA 02.04.26.

Proposed Administrative Rules Form

Petition by Idaho Livestock Auction Association

Notice of Negotiated Rulemaking

 

 

02.04.29 Rules Governing Trichomoniasis
To remove a portion of the rule to coincide with the 2014 statutory amendment, which requires all Idaho cattle to test for Trich annually, thereby removing the Trich testing exemption for Idaho cattle located north of the Salmon River.

Proposed Administrative Rules Form

Notice of Proposed Rule

Proposed Rule Text

Plant Industries

02.06.02 Rules Pertaining to the Idaho Commercial Feed Law
To incorporate by reference the 2015 Official Publication of the Association of American Feed Control Officials (AAFCO).

Proposed Administrative Rules Form

Notice of Proposed Rule

Proposed Rule Text

 

02.06.05 Rules Pertaining to Diseases of Hops
To amend the quarantine area to allow free movement between Idaho, Oregon, and Washington, require a negative test and a Clean Plant Health Network certification prior to shipment to Idaho.

Petition by Idaho Hop Commission

Proposed Administrative Rules Form

Notice of Negotiated Rulemaking

Preliminary Draft Rule

Meeting Attendees 6-16-14

Meeting Minutes 6-16-14

Draft Rule

 

02.06.12 Rules Pertaining to the Idaho Fertilizer Law
To incorporate by reference the 2015 Official Publication of the Association of American Plant Food Control Officials (AAPFCO).

Proposed Administrative Rules Form

Notice of Proposed Rule

Proposed Rule Text

 

02.06.27 Rules Governing Bacterial Ring Rot of Potatoes
The current temporary rule was originally published on February 26, 2014 and needs to be negotiated before it is presented to the Legislature in 2015 as a proposed rule. This rule is in place to help prevent the introduction and/or spread of Clavibacter michiganensis, subsp. Sepedonicus, and subsequently bacterial ring rot into and through Idaho and the United States.

Proposed Administrative Rules Form

Notice of Adoption of Temporary Rule

Temporary Rule Text

This temporary rule was published in the March 2014 Legislative Bulletin.

Proposed Administrative Rules Form

Notice of Negotiated Rulemaking

Meeting Attendees 6-17-14

Meeting Minutes 6-17-14

Second Notice of Negotiated Rulemaking

Meeting Attendees 7-9-14

Meeting Minutes 7-9-14

Preliminary Draft Rule

 

02.06.41 Rules Pertaining to the Idaho Soil and Plant Amendment Law
To incorporate by reference information and updates contained in the 2015 Official Publication of the Association of American Plant Food Control Officials (AAPFCO).

Proposed Administrative Rules Form

Notice of Proposed Rule

Proposed Rule Text

Sheep and Goat Health Board 02.08.01 Rules Governing Sheep and Goat Health Board
The rule will reflect the changes allowed by legislation passed in 2012 and 2014. An 80 cent per head assessment on goats will be established and an increase from 8 cents to 10 cents per pound on wool assessments will occur. A total of 20 cents per head on goats and 2 cents per pound of wool will go to the newly created “Wolf Control Fund”.

Proposed Administrative Rules Form

Notice of Negotiated Rulemaking

Preliminary Draft Rule

Meeting Attendees 7-8-14