House Agriculture committee approves ISDA rule updates, adopts chemigation licensing process

The Idaho House Agriculture Affairs Committee on Thursday approved a package of Idaho State Department of Agriculture (ISDA) rule updates that implement federal and state standards and formalize a new, separate chemigation license created by the Legislature in 2024.

The rule packet approved by the committee updates multiple incorporation-by-reference (IBR) citations to newer federal or technical publications, rescinds duplicate language that exists in statute, and establishes a standalone licensing pathway for chemigation — the application of fertilizer or other products through irrigation systems — that had previously been tied to state pesticide licensing.

Committee members and ISDA staff said the changes are largely technical and intended to align state rules with statutes and nationally accepted standards. “Zebra is as good as you make it,” ISDA Director Chanel Tewalt said, explaining the department’s approach to incorporating external manuals and retaining the ability to administer state-level programs when federal requirements exist. Tewalt noted that some IBRs are necessary to maintain programs the state uses to certify producers for markets outside Idaho.

ISDA officials presented and the committee approved temporary and pending rule dockets covering: bonded warehouse and commodity buyer rules; weights and measures (updating to the latest NIST Handbook 44 reference); pesticide management plans and groundwater protection; the chemigation-specific license required by House Bill 549; produce safety under the Food Safety Modernization Act (FSMA); registration and licensing of feeds and fertilizers; and organic certification updates tied to USDA NOP/CFR changes.

Brian Slabaugh, administrator for ISDA’s Division of Agricultural Resources, described the chemigation changes as reflecting House Bill 549 by creating a distinct chemigation license class and offering multiple pathways to demonstrate competence: a traditional exam, a training module developed with the University of Idaho, or verification through ISDA inspection and on-site demonstration. “We did recategorize chemigation, no longer as a pesticide license category, but its own license, in the hopes that this allows the public to more easily navigate that process,” Slabaugh said.

Committee members asked about stakeholder outreach and the negotiated rulemaking process. Slabaugh and Deputy Director Lloyd Knight said ISDA conducted negotiated rulemaking meetings, provided public notices, offered hybrid (in-person and virtual) participation, and—after the 2024 legislation—sent an email to more than 5,000 license holders summarizing the temporary changes and next steps. Slabaugh said one negotiated rulemaking meeting on the chemigation rule was held July 11, 2024, with eight public participants in the record.

On enforcement and technical guidance, staff said the department will publish protocols and guidance (for example, equipment standards referenced in the chemigation rule) on ISDA’s website rather than embedding every technical detail in rule, allowing the agency to update guidance as technology or best practices change. ISDA staff said rules retain clear statutory requirements; guidance documents are intended for training and inspection consistency.

The committee approved the full slate of ISDA dockets by voice vote with no recorded opposition.

The approvals mean ISDA may finalize the temporary and pending rules, publish updated IBR citations (including NIST and CFR references), and continue implementing the chemigation licensing pathway and related inspection/guidance materials. Staff said there is no expected negative fiscal impact on the public from the changes; several rule edits were expressly intended to remove language duplicated in statute to simplify future updates.

Votes at a glance

- Motion to approve minutes for Jan. 22 and Jan. 28 — moved by Representative Achilles; outcome: approved (voice vote). - Motion to approve ISDA docket (bonded warehouse/seed buyer/commodity buyer rules, docket cited in packet) — moved by Representative McCann; outcome: approved (voice vote). - Motion to approve ISDA docket updating NIST Handbook 44 (weights and measures) — moved by Representative Nelson; outcome: approved (voice vote). - Motion to approve ISDA docket on pesticide management plans/groundwater protection (ZBR) — moved by Representative McCann; outcome: approved (voice vote). - Motion to approve ISDA chemigation temporary rule (House Bill 549 implementation; chemigation license creation) — moved by Representative McCann; outcome: approved (voice vote). - Motion to approve ISDA docket on produce safety (FSMA/produce safety rule incorporation) — moved by Representative Keely; outcome: approved (voice vote). - Motion to approve ISDA docket on registrations and licenses for feeds/fertilizers/soil amendments (IBR updates) — moved by Representative Cannon; outcome: approved (voice vote). - Motion to approve ISDA docket updating organic certification references to USDA NOP/CFR — moved by Representative Mathias; outcome: approved (voice vote).

What it means

The committee’s approvals allow ISDA to publish the updated rules and guidance referenced in the packet and to proceed with implementation steps described by staff. For producers who chemigate, the change creates a distinct licensing path intended to simplify compliance: completing an approved training, passing an exam, or demonstrating equipment competence in an inspection.

ISDA staff said they will post protocols and training resources on the department website and continue outreach to affected license holders and trade groups. The department emphasized that where statutory requirements exist they remain enforceable; language removed from rules was described as duplicative of statute and therefore unnecessary in both places.

The committee adjourned after completing the rules agenda.