IDAPA 02 - DEPARTMENT OF AGRICULTURE

02.04.20 - RULES GOVERNING BRUCELLOSIS

DOCKET NO. 02-0420-1101

NOTICE OF RULEMAKING - ADOPTION OF PENDING RULE AND AMENDMENT TO TEMPORARY RULE

EFFECTIVE DATE: The effective date of the amendment to the temporary rule is October 1, 2011. This pending rule has been adopted by the agency and is now pending review by the 2012 Idaho State Legislature for final approval. The pending rule becomes final and effective at the conclusion of the legislative session unless the rule is approved, rejected, amended or modified by concurrent resolution in accordance with Section 67-5224 and 67-5291, Idaho Code. If the pending rule is approved, amended or modified by concurrent resolution, the rule becomes final and effective upon adoption of the concurrent resolution or upon the date specified in the concurrent resolution.

AUTHORITY: In compliance with Section 67-5224 and 67-5226, Idaho Code, notice is hereby given that this agency has adopted a pending rule and amended a temporary rule. The action is authorized pursuant to Section 25-601, Idaho Code.

DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons for adopting the pending rule and amending the temporary rule and a statement of any change between the text of the proposed rule and the text of the pending rule with an explanation of the reasons for the change:

ISDA is changing the proposed rule and amending the temporary rule in this docket concerning the dates within which cattle that have resided in the Designated Surveillance Area (DSA) must be officially tested for brucellosis. Specifically, the proposed and temporary rule provided that all test eligible cattle and domestic bison that are or have been located within the DSA between January 1 and July 1 of each year must be officially tested for brucellosis. The pending and temporary are being amended by changing the end date from July 1 to June 15 of any calendar year.

This change will eliminate the need to test cattle that have entered the DSA after June 15th, when the risk of exposure to brucellosis infected wildlife is extremely low. Outreach with the cattle industry and wildlife officials prompted this amendment to the temporary rule.

The text of the pending rule has been amended in accordance with Section 67-5227, Idaho Code, and is being republished following this notice. Rather than keep the temporary rule in place while the pending rule awaits legislative approval, the Idaho State Department of Agriculture amended the temporary rule with the same revisions which have been made to the pending rule. Only the sections that have changes differ from the proposed text are printed in this bulletin. The original text of the proposed rule was published in the June 1, 2011 Idaho Administrative Bulletin, Vol. 11-6, pages 15 through 20.

IDAHO CODE SECTION 22-101A STATEMENT: The federal government regulates the interstate movement of cattle for disease control purposes including brucellosis. They do not regulate the intrastate movement of cattle. This pending rule will ensure that cattle leaving Idaho's designated surveillance area do not pose a risk of transmission of brucellosis to other Idaho cattle.

FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year: N/A

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning the pending rule and the amendment to temporary rule, contact Dr. Bill Barton, Administrator/State Veterinarian at (208) 332-8540.

DATED this 27th day of October, 2011.

Brian J. Oakey, Deputy Director
Idaho State Department of Agriculture
2270 Old Penitentiary Rd., Boise, ID 83712
P.O. Box 790, Boise, ID 83701-0790
Phone: (208) 332-8503
Fax: (208) 334-2170

DOCKET NO. 02-0420-1101 - ADOPTION OF PENDING RULE AND AMENDMENT TO TEMPORARY RULE

Substantive changes have been made to the pending rule.

Italicized text that is underscored is new text that is being added.

Italicized text that is underscored and struck through is codified temporary text that is being removed from the temporary rule. This is also an amendment to the pending rule text.

Only those sections or subsections that have changed from the original temporary/proposed text are printed in this Bulletin following this notice.

The text of the temporary/proposed rule was published in the Idaho Administrative Bulletin, Volume 11-6, June 1, 2011, pages 15 through 20.

This rule has been adopted as a pending rule by the Agency and is now awaiting review and approval by the 2012 Idaho State Legislature for final adoption.

THE FOLLOWING IS THE AMENDED TEMPORARY RULE AND THE AMENDED PENDING RULE TEXT OF DOCKET NO. 02-0420-1101

123. DESIGNATED SURVEILLANCE AREA (DSA).

All intact cattle and domestic bison within a DSA are subject to additional rule requirements for the prevention or eradication of brucellosis. (5-1-11)T

Subsection 123.02

02. Testing Requirements Within The DSA. The following official brucellosis test requirements apply to all test eligible cattle and domestic bison that are or have been located within the DSA at any time between January 1 and July 1 June 15 of any calendar year. (5-1-11)T(10-1-11)T