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HB 100: Second best available science – 2021

Summary: HB 100 would allow the Idaho State Department of Agriculture to ignore best available science as it relates to regulation of dairy and beef feedlots.

ICL's position: Oppose

Current Bill Status: Dead

Issue Areas: CAFOs, dairies, science, Water Quality

Official Legislative Site

2-12-21 UPDATE  РA New Version of HB 100 (see HB 167) was introduced, and this version is not expected to move forward.


The Idaho Dairymen’s Association, along with Milk Producers of Idaho and the Idaho Farm Bureau, introduced HB 100 to amend existing laws that require the Idaho State Department of Agriculture to apply “best available science” as they develop rules related to dairy and beef feedlots. Industry groups are seeking exemptions to the law, which would allow them to ignore the best available science if it wasn’t considered economically feasible.

That means that if it’s simply too expensive to implement the best science, you can ignore it as it relates to the Dairy and Beef Environmental Control Acts, Odor Management Act, and inspection of dairy products.

This best available science issue came into play last summer, as the dairy industry sought to allow increased application of cow manure on fields, which the ISDA determined was not consistent with the best available science. As a result, the ISDA canceled the 3-year long rulemaking effort and left the prior rules in place.