OFFICE OF THE ADMINISTRATIVE RULES COORDINATOR

IDAPA 02 - DEPARTMENT OF AGRICULTURE

02.04.21 - RULES GOVERNING THE IMPORTATION OF ANIMALS

DOCKET NO. 02-0421-1200L

NOTICE OF RULEMAKING - FINAL RULE - LEGISLATIVE ACTION

AUTHORITY: In compliance with Sections 67-5224 and 67-5291, Idaho Code, notice is hereby given that the legislature has taken action by concurrent resolution on this final rule. The section of the final rule that has been affected by the concurrent resolution is being published in this Bulletin following this notice pursuant to that legislative action. This legislative action on this final rule is authorized under Section 67-5291, Idaho Code.

DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons for the legislative action affecting this final rule and a statement of the change made to the final rule:

The Legislative is vested with the authority to reject executive agency rules when it finds that the rules are not consistent with legislative intent. This includes those rules that have previously been approved by the Legislature and codified into the Idaho Administrative Code as final rules but have been deemed to no longer be consistent with legislative intent.

Pursuant to Senate Concurrent Resolution No. 117, Section 600, Subsection 02, of IDAPA 02.04.21, "Rules Governing the Importation of Animals," that relates to the use of parasiticides on domestic cervidae, is not consistent with legislative intent and has been rejected. In accordance with the concurrent resolution, the affected Subsection 600.02, has been declared null and void and of no force and effect and has been removed from the codified rule. That section of the rule is being republished here in it final version and as codified in the Idaho Administrative Code.

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this final rule, contact Dr. Bill Barton, Administrator, (208) 332-8540.

DATED this 10^th day of April, 2012.

Dennis Stevenson
Administrative Rules Coordinator
Office of the Administrative Rules Coordinator
Department of Administration
P. O. Box 83720
Boise, ID 83720-0306
Phone: (208) 332-1820
Fax: (208)332-1896

THE FOLLOWING IS THE TEXT OF IDAPA 02.04.21, SECTION 600.

(Both The Amended Version And The Final Codified Rule Are Being Reprinted Here.)

RULE AS AMENDED BY SCR 117

600. IMPORTATION OF DOMESTIC CERVIDAE.

Domestic cervidae may enter the state of Idaho, by permit, provided: (5-3-03)

01. Certificate of Veterinary Inspection. The cervidae are accompanied by a certificate of veterinary inspection certifying that they have been inspected within thirty (30) days prior to the date of shipment, that they are free from evidence of infectious, contagious, or communicable diseases, or known exposure thereto during the preceding sixty (60) days; and (5-3-03)

02. Parasiticide. Treated with a parasiticide, that is efficacious against giant liver flukes, by an accredited veterinarian no less than thirty (30) and no more than sixty (60) days prior to importation except domestic cervidae imported directly to an approved slaughter establishment for immediate slaughter do not have to be treated; and (4-2-08)

032. Meet Testing Requirements. The cervidae shall meet the testing requirements of Section 601. (5-3-03)

CODIFIED FINAL RULE

600. IMPORTATION OF DOMESTIC CERVIDAE.

Domestic cervidae may enter the state of Idaho, by permit, provided: (5-3-03)

01. Certificate of Veterinary Inspection. The cervidae are accompanied by a certificate of veterinary inspection certifying that they have been inspected within thirty (30) days prior to the date of shipment, that they are free from evidence of infectious, contagious, or communicable diseases, or known exposure thereto during the preceding sixty (60) days; and (5-3-03)

02. Meet Testing Requirements. The cervidae shall meet the testing requirements of Section 601. (5-3-03)