Legal Scales The ISDA Rulemaking Process

In Idaho, rulemaking is governed by the Idaho Administrative Procedures Act ("Idaho APA")(Title 67, Chapter 52, Idaho Code). Rulemaking is conducted by state agencies for a variety of reasons, with three of the most common being the enactment or amendment of a statute by the state Legislature, new regulations adopted by the federal government or receipt of a petition from outside the agency to change or adopt a rule. A stakeholder may petition the agency to initiate rulemaking by completing a Petition to Initiate Rulemaking.

When feasible, negotiated rulemaking is conducted with interested parties, in order to improve the final rule and expedite the rulemaking process by drawing upon shared information, knowledge, expertise and technical abilities. Negotiated rulemaking begins with the publication of a Notice of Negotiated Rulemaking in the Idaho Administrative Bulletin. In the event the ISDA determines that negotiated rulemaking is not feasible, an explanation as to how that determination was made will be published in the Notice of Rulemaking - Proposed Rule. Following negotiation, the agency will publish a Notice of Proposed Rule and the text of the proposed rule. Both documents are published in the Administrative Bulletin, as well as on ISDA's website.

The Idaho APA provides for public comment as part of the rulemaking process. If you are interested in providing comments on one or more of the proposed rules, you may do so by submitting your comments in writing to the person named in the Notice, or by submitting comments to: _rulesinfo@ISDA.IDAHO.GOV. Please specify the rule name in your comments. Be aware that public comments are part of the rulemaking record and are public record.

After the time for commenting on a proposed rule has passed, and after any hearings which might be held, the agency will publish a Notice of Pending Rule. Pursuant to the Idaho APA, all pending rules are sent to the Legislature for review. Pending rules will become effective when the Legislature adjours sine die, unless both chambers of the Legislature vote to disapprove a particular pending rule. Rules are compiled in the Idaho Administrative Code and have the force and effect of law.

Current ISDA rules are published on the ISDA website here: ISDA rules. Open rulemaking dockets can be accessed below.

Questions about the rulemaking process or to be added to the rulemaking distribution list contact: _rulesinfo@ISDA.IDAHO.GOV.

RULEMAKING ARCHIVE
Rulemaking 2013

Rulemaking 2014

Rulemaking 2015

 

ISDA Rulemaking 2016 - 2017
ISDA DIVISION DOCKET DESCRIPTION STATUS
Agricultural Inspections

02.02.14 Rules for Weights and Measures
Incorporate by reference the 2017 edition of the National Institute of Standards and Technology Handbook 44 Requirements.

Rule approved by Idaho Legislature March 29, 2017.

Animal Industries

02.04.08 Rules Governing Grade A Milk and Milk Products
Incorporate by reference the 2015 Grade A Pasteurized Milk Ordinance and other documents used in this rule to reflect most recent versions.

Rule approved by Idaho Legislature March 29, 2017.

 

02.04.14 Rules Governing Dairy Waste
Rulemaking initiated by petition to change the requirement related to pature access for dairy cattle. It will also achieve consistency with revisions implemented by the 2016 Legislature Senate Bill 1260.

Rule approved by Idaho Legislature March 29, 2017.

 

02.04.15 Rules Governing Beef Cattle Animal Feeding Operations
Rulemaking initiated by petition to make the rule language consistent with the statutory revisions implemented by the 2016 Legislature in Senate Bill 1260.

Rule approved by Idaho Legislature March 29, 2017. .

 

02.04.16 Rules Governing Agriculture Odor Management
Rulemaking initiated by petition to make the rule consistent with the statutory revisions implemented by the 2016 Legislature in Senate Bill 1260.

Rule approved by Idaho Legislature March 29, 2017.

 

02.04.18 Rules Governing CAFO Site Advisory Team
Rulemaking initiated by petition to make the rule consistent with the statutory revisions implemented by the 2016 Legislature in Senate Bill 1260.

Rulemaking for this rule discontinued.

 

02.04.19 Rules Governing Domestic Cervidae
Rulemaking initiated to establish a requirement for cervidae producers to report the cause of death of each cervid.

Rule approved by Idaho Legislature March 29, 2017.

 

02.04.21 Rules Governing Importation of Animals
Rulemaking initiated to make Idaho rules consistent with federal regulations pertaining to the official ID requirements for imported dairy cattle and will clarify TB testing requirements for imported domestic cervidae.

Rule approved by Idaho Legislature March 29, 2017.

 

02.04.21 Rules Governing Importation of Animals
Temporary rule adopted to remove the requirement for a CAN brand on imported Canadian bison.

Notice of Adoption of Temporary Rule and Proposed Text published in August Bulletin.

 

02.04.30 Rules Governing Nutrient Management
Rulemaking initiated by petition to make the rule consistent with the statutory revisions implemented by the 2016 Legislature in Senate Bill 1260.

Rulemaking for this rule discontinued.

 

02.04.31 Rules Governing the Stockpiling of Agricultural Waste
Rulemaking initiated by petition to make the rule consistent with the statutory revisions implemented by the 2016 Legislature in Senate Bill 1260.

Rulemaking for this rule discontinued.

 

02.04.32 Rules Governing Poultry Operations
Rulemaking initiated by petition to make the rule consistent with the statutory revisions implemented by the 2016 Legislature in Senate Bill 1260.

Rule approved by Idaho Legislature March 29, 2017.

Bureau of Labs

02.06.21 Rules for Voluntary Public Services of the Idaho Department of Agriculture Laboratories
Rulemaking initiated to update the current services and price list for the services prvided by the ISDA Labs.

Rulemaking for this rule discontinued.

Plant Industries

02.06.02 Rules Pertaining to the Idaho Commercial Feed Law
Incorporate by reference the 2017 Official Publication of the Association of American Feed Control Officials (AAFCO).

Rule approved by Idaho Legislature March 29, 2017.

 

02.06.12 Rules Pertaining to the Idaho Fertilizer Law
Incorporate by reference the 2017 Official Publication of the Association of American Plant Food Control Officials (AAPFCO).

Rule approved by Idaho Legislature March 29, 2017.

 

02.06.22 Noxious Weed Rules
Rulemaking initiated to add four genus of plants to the Idaho noxious weed list that are not native to North America.

Rule approved by Idaho Legislature March 29, 2017.

 

02.06.31 Noxious Weed Free Forage and Straw Certification Rules
Rulemaking initiated to update the North American Invasive Species Management Association standards for certifying forage crops.

Rule approved by Idaho Legislature March 29, 2017.

 

02.06.31 Noxious Weed Free Forage and Straw Certification Rules
Temporary rule adopted to update the North American Invasive Species Management Association standards for certifying forage crops.

Notice of Adoption of Temporary Rule and Proposed Text published in July Bulletin.

 

02.06.41 Rules Pertaining to the Idaho Soil and Plant Amendment Law
Incorporate by reference information and updates contained in the 2017 Official Publication of the Associated on American Plant Food Control Officials (AAPFCO).

Rule approved by Idaho Legislature March 29, 2017.

 

02.06.17 Rules Governing the Disposal of Cull Onions and Potatoes
Temporary rule adopted to temporarily suspend the March 15 disposal deadline because of severe weather and heavy snowfall.

Rescission of Temporary Rule April 17, 2017.