Senate agricultural committee adopts package of Idaho State Department of Agriculture rule updates, including pesticide and chemigation changes

The Idaho Senate Agricultural Affairs Committee approved a package of rule updates at a public meeting, adopting changes presented by the Idaho State Department of Agriculture (ISDA) that revise licensing, monitoring and incorporation-by-reference standards across several agency programs.

ISDA Director Chanel Tewall told the committee the department used a zero‑based review (ZBR) approach to remove duplicative language and open rules for substantive comment. "The ZBR process is only as good as an agency chooses to make it," Tewall said, explaining the department aims to use the review to clarify requirements for producers and regulated businesses.

Why it matters: The rules affect how pesticides and chemigation systems are licensed and managed, how groundwater pesticide detections are monitored and reported, how produce safety is administered under federal standards, and how registrations and labeling for feeds and fertilizers are enforced. ISDA officials said the package streamlines state requirements, updates referenced national standards and implements a statutory change that separates chemigation licensing from federal licensing categories.

Key changes and agency explanations

- Pesticide and chemigation licensing: Brian Slabaugh, administrator of ISDA's Division of Agricultural Resources, told the committee the pending rule separates chemigation licenses from federal licensing categories to comply with House Bill 549 (2024). The change creates a standalone chemigation applicator license and offers multiple ways to qualify — exam, department‑approved training, or on‑site demonstration of competency. Slabaugh said the department is using University of Idaho training modules and is developing additional training and on‑site assessment options.

- Groundwater monitoring and pesticide management plans: Slabaugh said the groundwater protection rule was edited chiefly to remove language duplicative of Title 22, Chapter 34 of the Idaho Code and to clarify definitions. He described ongoing sampling work: "Over the last 5 years we have about 1,300 water samples that we have analyzed for pesticides. We test for a group of about 89 active ingredients," and said ISDA works with up to roughly 300 private well owners per year to collect samples. The department emphasized continued operation of the groundwater monitoring program while trimming descriptive or duplicative rule language.

- Produce safety: Jared Stewart, administrator of ISDA's Agricultural Inspections Division, said the produce safety rule was revised primarily to remove duplicative references to the federal regulation (the Food Safety Modernization Act / associated CFR provisions) and to clarify definitions. He noted which commodities are covered by the state program (for example, onions are covered, potatoes are not) consistent with the federal risk‑based framework.

- Bonded warehouse and electronic receipts: Jared Stewart explained edits to bonded warehouse rules to remove duplication with statute and to clarify an acronym. Committee members questioned an existing provision that said a paper receipt and an electronic receipt may not represent the same lot of commodity; Stewart said the restriction prevents duplicate financing (two loans secured by the same crop) and that ISDA will follow up with additional detail about the electronic receipts question.

- Weights and measures: Stewart said the rule updates incorporate the National Institute of Standards and Technology (NIST) Handbook 44 from the 2023 to the 2024 edition to keep Idaho's measurement standards aligned with national practice.

- Registrations and labels (feeds, fertilizers, amendments): Andrea Thompson, administrator of the Plant Industries Division, told members the rule updates incorporate the latest American Association of Feed Control Officials (AAFCO) and the American Association of Plant Food Control Officials (AAPFCO) manuals (publication‑date updates) used for standardized labeling, guarantees and definitions.

- Organic certification: Deputy Director Lloyd Knight said the organic rule is an incorporation‑by‑reference update to align the state's certification rules with the USDA National Organic Program standards; he said ISDA generally follows federal changes for the voluntary organic certification program because consistency with the federal standard is required for certification.

Committee process and public comment

ISDA staff said most dockets presented were ZBR or incorporation‑by‑reference updates; the department reported it held negotiated rulemaking sessions where appropriate. For several dockets ISDA reported no public comments submitted during the formal comment period. Committee members asked clarifying questions about enforcement language removed as duplicative of statute, the mechanism for electronic warehouse receipts, and options for applicants who are not strong test takers to qualify for chemigation licenses (training modules, on‑site demonstration).

Votes at a glance

- Bonded warehouse rules (docket referenced by ISDA during presentation as 4122401): motion to approve made by Senator Lakey; committee approved by voice vote. Note: ISDA said edits removed duplicative language and clarified an acronym; ISDA will follow up on questions about electronic receipts.

- Weights and measures (docket referenced as 202142401): motion to approve; committee approved by voice vote. Change updates incorporation of NIST Handbook 44 to the 2024 edition.

- Groundwater pesticide management (pesticide management plans; docket referenced as 203012401): motion to approve; committee approved by voice vote. ISDA said sampling has analyzed ~1,300 samples over five years and tests for ~89 active ingredients; up to ~300 well owners sampled annually.

- Pesticide and chemigation use & application (docket referenced as 203032402): motion to approve; committee approved by voice vote. Implements separation of chemigation license per House Bill 549 and offers multiple ways to qualify (exam, training, department‑approved methods).

- Produce safety (docket referenced as 205012401): motion to approve; committee approved by voice vote. Rule keeps state program consistent with federal FSMA/CFR framework; ISDA noted which commodity classes are covered.

- Registration and licenses for commercial feeds/fertilizers/soil amendments (docket referenced as 2622401): motion to approve; committee approved by voice vote. Updates publication dates for AAFCO/AAPFCO manuals incorporated by reference.

- Organic food products (docket 206332401): motion to approve by Senator Blaylock; committee approved by voice vote. Update aligns state certification rules with USDA National Organic Program publication changes.

(Committee adopted each docket by voice vote; no roll‑call tallies were recorded in the transcript.)

What committee members asked ISDA to provide

Committee members requested follow‑up details in writing on the electronic warehouse receipt language and on where specific enforcement or suspension authorities remain codified when language was trimmed from the rule; members also asked ISDA to post or provide a one‑page summary of substantive changes when future incorporation‑by‑reference (IBR) updates are presented.

The meeting concluded after the final docket was adopted and the vice chair returned the gavel to the chair. The committee adjourned.