Amends existing law to revise provisions regarding milk and cream testing methods.
MILK TESTING -- Amends existing law to revise provisions regarding milk and cream testing methods.
STATEMENT OF PURPOSE
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This legislation clarifies the Idaho State Department of Agriculture may test milk and cream for any quality parameter that is used by a buyer and seller to determine pricing. It also clarifies that the Idaho State Department of Agriculture, buyer, and seller have a right to the test sample.
FISCAL NOTE
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There is no impact to the General Fund. The costs of testing milk samples are paid through butterfat assessments upon milk producers and processors.
BILL TEXT
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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 662 BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT1 RELATING TO MILK TESTING; AMENDING SECTION 37-506, IDAHO CODE, TO REVISE2 PROVISIONS REGARDING THE METHOD OF TESTING MILK AND CREAM; AMENDING3 SECTION 37-516, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE RULES4 FOR ADMINISTRATION AND DEFINITIONS OF DIRECTOR AND DEPARTMENT; AND5 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.6
Be It Enacted by the Legislature of the State of Idaho:7
SECTION 1. That Section 37-506, Idaho Code, be, and the same is hereby8 amended to read as follows:9 37-506. METHOD OF TESTING MILK AND CREAM. (1) All milk and cream pur-10 chased or sold in the state of Idaho at a price based upon on or determined11 by the milkfat, protein, lactose, solids nonfat, or somatic cell counts12 thereof, or by any other quality parameter or other analyte thereof, shall be13 tested by methods approved by the director of the department of agriculture14 of the state of Idaho.15 (2) Samples must be taken from every shipment of milk and cream by a milk16 hauler authorized by the department pursuant to chapter 3, title 37, Idaho17 Code. Accurate thermometers must be provided at all times. Milk and cream18 samples must be protected and in a tamper-proof place between thirty-three19 (33) and forty-five (45) degrees Fahrenheit.20 (3) Such samples may be examined and tested by the buyer, seller, or de-21 partment of agriculture at any time. The department of agriculture is autho-22 rized to conduct audits of a person's, corporation's, cooperative's, or com-23 pany's payments for milk or cream to determine if such payments comply with24 established requirements.25
SECTION 2. That Section 37-516, Idaho Code, be, and the same is hereby26 amended to read as follows:27 37-516. RULES FOR ADMINISTRATION -- "DEPARTMENT" AND "DIRECTOR" DE-28 FINED. (1) As used in this chapter:29 (a) "Department" means the Idaho state department of agriculture.30 (b) "Director" means the director of the department or the director's31 authorized designee.32 (2) The director of the department of agriculture is empowered to pre-33 scribe rules and regulations, subject to legislative approval, in the admin-34 istration of this act chapter not inconsistent with its provisions. The term35 "department," as used in this act, means the department of agriculture.36
SECTION 3. An emergency existing therefor, which emergency is hereby37 declared to exist, this act shall be in full force and effect on and after38 July 1, 2026.39
HOW THEY VOTED
House Third Reading
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YEA (67)
NAY (0)
ABSENT / NOT VOTING (3)
Senate Third Reading
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YEA (34)
NAY (0)
ABSENT / NOT VOTING (1)
LATEST ACTION
Reported Signed by Governor on March 19, 2026 Session Law Chapter 74 Effective: 07/01/2026
BILL INFO
- Session
- 2026
- Chamber
- house
- Committee
- Agricultural Affairs
- Status date
- Mar 23, 2026
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