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 2014

Rulemaking 2015

Rulemaking 2016

ISDA Rulemaking 2017 - 2018
ISDA DIVISION DOCKET DESCRIPTION STATUS
Administration

02.01.01 Idaho Rules of Practice and Procedure of the Department of Agriculture
ISDA proposes to repeal the majority of the current (1994) Rules of Practice and Procedure and accept the Attorney General's Rules of Procedure.

Notices of Pending Rule to be published in November Bulletin.

Agricultural Inspections

02.02.14 Rules for Weights and Measures
Incorporate by reference the 2018 edition of the National Institute of Standards and Technology Handbook 44 Requirements.

Notice of Pending Rule to be published in November Bulletin.

 

02.02.14 Rules for Weights and Measures
Rulemaking initiated by petition to allow the gasoline gallon equivalent and diesel gallon equivalent units as an acceptable method of sale for natural gas used as a motor fuel.

Notice of Pending Rule to be published in November Bulletin.

 

02.02.14 Rules for Weights and Measures
Update the incorporation by reference for automotive spark engine fuel, diesel fuel, and biodiesel fuel blends.

Notice of Pending Rule to be published in November Bulletin.

Animal Industries

02.04.14 Rules Governing Dairy Byproduct
Rulemaking initiated by petition to change from phosphorus thresholds to phophorus indexing as the regulatory standard in nutrient management.

Notice of Proposed Rule and Proposed Text published in October Bulletin.

 

02.04.14 Rules Governing Dairy Byproduct
The department proposes to better define the term "approved soils" as it relates to the storage of dairy byproduct in solid stacks and/or in compost yards on dairy farms.

Notice of Negotiated Rulemaking published in July Bulletin.

Bureau of Labs

02.06.21 Rules for Voluntary Public Services of the Idaho Department of Agriculture Laboratories
Rulemaking initiated to eliminate the rule for voluntary public services since the primary mission of the Feed and Fertilizer Laboratory is regulatory and enforcement testing.

Notice of Pending Rule to be published in November Bulletin.

Plant Industries

02.06.02 Rules Pertaining to the Idaho Commercial Feed Law
Incorporate by reference the 2018 Official Publication of the Association of American Feed Control Officials (AAFCO).

Notice of Pending Rule to be published in November Bulletin.

 

02.06.12 Rules Pertaining to the Idaho Fertilizer Law
Incorporate by reference the 2018 Official Publication of the Association of American Plant Food Control Officials (AAPFCO).

Notice of Pending Rule to be published in November Bulletin.

 

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.

 

02.06.22 Noxious Weed Rules
ISDA received petitions for rulemaking that propose to establish rules governing the sale, distribution, and possession of certain yew species in Idaho.

Negotiated Rulemaking completed. Analysis available here.

 

02.06.41 Rules Pertaining to the Idaho Soil and Plant Amendment Law
Incorporate by reference information and updates contained in the 2018 Official Publication of the Association of American Plant Food Control Officials (AAPFCO).

Notice of Pending Rule to be published in November Bulletin.