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Agriculture committee approves multiple rule dockets: animal health, grade A milk updates, CWD rules, noxious‑weed listings, quagga quarantine and depredation‑p

2473538 · January 28, 2025
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Summary

The Idaho Senate Agricultural Affairs Committee on Wednesday adopted a package of rule dockets from the Idaho State Department of Agriculture covering animal‑industry rules, Grade A milk standards, chronic wasting disease testing and quarantine rules, a Mid‑Snake quagga mussel quarantine, a noxious‑weed listing change and a temporary rule implementing depredation reimbursements.

The Idaho Senate Agricultural Affairs Committee on Wednesday voted to adopt a package of departmental rule dockets and temporary rules from the Idaho State Department of Agriculture that cover animal‑industry regulations, Grade A milk standards, chronic wasting disease testing for captive cervids, a mid‑Snake quagga mussel quarantine, noxious‑weed listings and a temporary rule to implement reimbursements for wolf and grizzly depredation claims.

Department of Agriculture officials and agency staff briefed the committee on each docket before the committee approved the rules by voice vote.

Key regulatory changes and clarifications

- Electronic health certificates and movement standards: Dr. Scott Lively, state veterinarian and administrator of the Division of Animal Industries, told the committee the rules clarify use of electronic certificates of veterinary inspection (CVIs). The department provides a free electronic CVI platform for Idaho‑licensed accredited veterinarians and clarified that an electronic certificate may be presented on a phone or tablet rather than printed paper. Lively said the electronic system improves traceability and reduces errors seen with delayed or illegible paper certificates.

- Removal of redundant incorporated documents: Lively said the rulemaking removed several incorporated documents tied to voluntary federal programs, including portions of the National Poultry Improvement Plan (NPIP), and removed redundant references to federal rabies compendia because the Idaho Department of Health and Welfare administers the rabies program.

- Chronic wasting disease (CWD) testing and quarantine rules for captive cervids: The committee heard changes meant to align rules with House Bill 591 (2024). The rule clarifies which tissues constitute a valid CWD test sample (the obex/brain stem and the retro‑pharyngeal lymph nodes). Lively also said the rule removes the prior requirement that a positive CWD identification automatically trigger construction of a double‑perimeter fence; the rule now allows a single perimeter fence so long as it is maintained and inspected by the department. The rule also confirms that animals under quarantine may be moved between facilities under common ownership under certain conditions.

- Disease testing waivers: Lively said the requirement to submit a waiver when tissue could not be obtained from a carcass that had degraded was removed; the department will instead review testing compliance year‑to‑year and pursue enforcement when facilities do not meet testing requirements.

- Grade A milk incorporation updates: Lively presented technical updates to the pasteurized milk ordinance and related documents governing Grade A milk sanitation, laboratory evaluation and interstate shipping; he described the net impact as minimal and technical.

- Consolidation of nutrient/environmental rules: The department consolidated common regulatory elements of several byproduct/waste rules into a new chapter on nutrient environmental management, keeping program‑specific requirements (for example, storage requirements for beef cattle feeding lagoons) in each program rule.

- Invasive species and noxious weeds: Andrea Thompson, administrator for Plant Industries, presented petitions received to list Palmer amaranth and myrtle spurge. The negotiated rulemaking did not produce consensus on adding either species, and neither was proposed for listing. The department did propose and the committee adopted reclassification of Turkish thistle from an early‑detection rapid‑response (EDRR) listing to a control category, based on wider distribution than previously thought.

- Quagga mussel quarantine in the Mid‑Snake: Deputy Director Lloyd Knight described a temporary rule defining the quarantine area for the quagga mussel treatment in the Mid‑Snake (Twin Falls area) and requiring inspection, washing, and restrictions on watercraft movement between specified river accesses. The department has set up inspection and wash stations at Centennial Park and is working with local partners on sites at Shoshone Falls Park and other access points.

- Wolf and grizzly depredation reimbursements (temporary rule): The department implemented a temporary rule to accept and process reimbursement claims under House Bill 592 (2024) for wolf and grizzly depredation. Deputy Director Knight said claims submitted by the December 31 statutory deadline are being adjudicated and the temporary rule provides a framework while the agency conducts negotiated rulemaking for a permanent rule.

Public testimony

Jonathan Oppenheimer, government relations director for the Idaho Conservation League, testified in support of the rules broadly while flagging concern about CWD. Oppenheimer noted recent positive CWD findings at elk farms and urged continued monitoring and consideration of stronger measures if warranted by disease surveillance data.

Votes at a glance

- Docket 0204032401 (rules governing animal industry) — approved by voice vote. - Docket 0204052401 (Grade A milk / pasteurized milk ordinance incorporation updates) — approved by voice vote. - Docket 0435240001 (rules consolidating nutrient/environmental management language) — approved by voice vote. - Docket 0204192401 (rules governing domestic cervid health / CWD updates to align with HB 591) — approved by voice vote. - Docket 0206092406 (temporary rule: quagga mussel quarantine area, Mid‑Snake) — approved by voice vote. - Docket 0206092402 (invasive species and noxious weeds listing / Turkish thistle reclassification) — approved by voice vote. - Docket 021082401 (temporary rule: grizzly bear and wolf depredation reimbursements to implement HB 592) — approved by voice vote.

What the committee did not do

The committee did not add Palmer amaranth or myrtle spurge to the noxious weed list; negotiators and stakeholders did not reach consensus and the petitioned additions were not proposed. The committee also did not modify the underlying statutes referenced in the rulemaking — the hearing adopted agency rules and temporary rules that implement or align with statutory changes adopted previously by the Legislature.

Why it matters: The packet of rules affects livestock movement, disease surveillance, aquatic invasive‑species response, pest‑plant listings and the state’s process for reimbursing livestock owners for certain wildlife depredations. Several of the changes are technical clarifications; others — notably the CWD sampling and quarantine clarifications and the quagga mussel quarantine definition — affect disease monitoring and on‑the‑ground operational responses that concern producers, hunters, recreationists and conservation groups.