Just last month the Idaho Department of Agriculture sent out its first two notices of violation for odor. Now, one of those dairies is appealing the violation. This will be the first test of the new odor law in which regulations are still being written.

Dean Swager, owner of Swager and Sons Dairy, is appealing the violation notice based on the procedures and techniques used by the Department of Agriculture. The concern is that some of the observations and techniques used are invalid, said the dairy’s attorney Rob Williams.

John Beukers, owner of the other dairy that received a notice of violation, is discussing the situation with the Ag Department. He has not ruled out an appeal.

The appeal will be heard by a state hearing officer — not be a member of the Department of Agriculture. If that officer’s ruling is also appealed the matter then heads to District Court.

The odor law in Idaho requires a dairy to develop an odor management plan after a first odor violation. If the dairy receives another odor violation, the dairy could be fined up to $ $10,000 for each additional violation.

For more details, on this on-going battle, click here to view the news story on The Times-News Web site.

The Times-News online at www.magicvalley.com