(1) The director or his designee is authorized to enter and inspect any dairy farm to determine compliance with the dairy farm’s environmental management plan. The director shall have access to or copy any records pertaining to the dairy environmental management system to ensure compliance with the dairy environmental management plan.
(2)  The director shall comply with the biosecurity protocol of the operation so long as the protocol does not inhibit reasonable access to:
(a)  Enter and inspect at reasonable times the premises or land application site or sites of a dairy farm;
(b)  Review, copy, or review and copy at reasonable times any records that must be kept under conditions of this chapter;
(c)  Sample or monitor at reasonable times substances or parameters directly related to compliance with this chapter.

Terms Used In Idaho Code 37-607

  • Dairy environmental management plan: means a plan for managing a dairy environmental management system. See Idaho Code 37-604
  • Dairy environmental management system: means the areas and structures within a dairy farm where dairy byproducts are collected, stored, treated or applied to land. See Idaho Code 37-604
  • Dairy farm: means land owned or operated by a department-permitted grade A or manufacture grade facility where one (1) or more milking cows, sheep or goats are kept, and from which all or a portion of the milk produced thereon is delivered, sold or offered for sale for human consumption. See Idaho Code 37-604
  • Director: means the director of the Idaho department of agriculture or his designee. See Idaho Code 37-604
  • Land application: means spreading on, or incorporating into the soil mantle, dairy byproducts as a soil amendment for agricultural use of nutrients and for other beneficial purposes. See Idaho Code 37-604
  • Person: means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity that is recognized by law as the subject of rights and duties. See Idaho Code 37-604
  • Property: includes both real and personal property. See Idaho Code 73-114
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(3)  All inspections and investigations conducted under the authority of this chapter shall be performed in conformity with section 17, article I, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless searches of private property in the absence of either consent from the property owner or other authorized person.