House committee approves ISDA rule packet: chemigation licensing, produce safety, weights & measures and other technical updates

The House Agriculture Affairs Committee approved a packet of administrative rule dockets presented by the Idaho State Department of Agriculture. Committee members approved rules covering bonded warehouses and commodity/seed buyer licensing, weights and measures, pesticide management plans and ground water protection, a new chemigation applicator license created to implement House Bill 549, produce safety (FSMA implementation), feed and fertilizer registration updates, and organic certification CFR updates. Motions to approve each docket passed by voice vote; the transcript records no roll-call tallies.

ISDA Director Chanel Tewalt prefaced the packet with remarks on the agency's use of incorporation by reference and customer-focused rulemaking. "When a customer calls and says I have a problem the agency can take one of two answers ... or to say let us take a look at it and thoughtfully and truthfully think about if that is meeting a customer service level that folks expect," she said, summarizing the agency's approach to updating rules where federal manuals or statutory changes affect state practice.

Key items approved

- Bonded warehouse/seed and commodity buyer licensing: Administrator Jared Stewart said the rule cleanup removed redundant wording that duplicates statute and clarified an acronym; two negotiated-rulemaking meetings were held and no public comments followed; motion to approve passed by voice vote.

- Weights and measures: ISDA updated incorporation of the national standard NIST Handbook 44 to the 2024 edition so state practice stays aligned with federal technical standards; the rule was approved by voice vote.

- Pesticide management plans/ground water protection: The Ag Resources Division presented a ZBR (zero-based review) cleanup removing duplicative language already in Title 22, Chapter 34. Brian Slabaugh said the changes are intended to reduce redundancy and improve clarity; the committee approved the docket.

- Chemigation licensing (temporary rule implementing House Bill 549): Following 2024 legislation (HB549) that separated chemigation licensing from federal pesticide licensing, ISDA created a new chemigation license category and simplified pathways to licensure (exam, University of Idaho training module, or on-site verification/inspection). Slabaugh said the department held a negotiated-rulemaking meeting on 07/11/2024 that included eight public attendees and a Division of Financial Management representative and received one supportive public comment; the committee approved the temporary rule.

- Produce safety (FSMA): Jared Stewart said the produce safety rules reflect the state's role implementing the Food Safety Modernization Act and update CFR references; the docket was approved.

- Registration and licensing (feeds, fertilizers, soil & plant amendments): Andrea Thompson said incorporation-by-reference updates change publication dates (2024→2025) for standard manuals used to verify product labeling and composition; there were no substantive regulatory impacts reported.

- Organic products: ISDA updated its incorporation of the USDA National Organic Program CFR references; Jared Stewart said the update aligns the state certifier program with federal NOP requirements.

Public participation and outreach

ISDA staff described their outreach: the chemigation negotiated-rulemaking had eight public participants on July 11, 2024, and ISDA said it made targeted notifications through commodity groups. Deputy Director Lloyd Knight added that ISDA sent a June 5 email blast to more than 5,000 license holders to notify them of temporary rule changes implemented after the 2024 legislative session. Several presenters noted that many rule changes were technical IBR updates or removal of text duplicated in state statute.

Votes and next steps

Each docket before the committee was approved by voice vote. Committee members asked clarifying questions in several instances (for example, how the chemigation protocols will be published and enforced); ISDA said protocols and guidance will be posted on the department website and that inspections and on-site verification remain tools to ensure compliance. The approved rules will be filed consistent with the Administrative Rules process and, where temporary rules were adopted, ISDA intends to finalize permanent rule language following the notice-and-comment period.

The committee adjourned after approving the packet.