Idaho Code § 22-3314 — Idaho Code / Title 22 / Chapter 33 / Section 22-3314
22-3314 STATE NOT LIABLE FOR ACTS OR OMISSIONS OF COMMISSION OR OF ITS EMPLOYEES.
Status: in_force

22-3314. State not liable for acts or omissions of commission or of its employees. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.

History:

[22-3314, added 1959, ch. 6, sec. 14, p. 13.]
Idaho Code § 22-2406 — Idaho Code / Title 22 / Chapter 24 / Section 22-2406
22-2406 COUNTY POWERS.
Status: in_force

22-2406. County powers. (1) The county control authority is authorized to:

(a) Have noxious weeds controlled without cost to the landowner, notwithstanding any other provision of this chapter relating to payment of cost; and

(b) Quarantine any tract of land under its jurisdiction when it appears there is an infestation of noxious weeds beyond the ability of the landowner to control and put into immediate operation the required means for the control or containment of such noxious weeds including necessary destruction of crops; and

(c) Serve individual notice on the landowner and where possible on the operator of the land prior to the entry upon such land declaring a quarantine and specifying the date of the proposed entry and the proposed cost to the violator, and advise the same person of the completion of the control operation and the required reimbursement thereof. If the landowner is not known or readily available, notice shall be deemed satisfied after eight (8) days from postmark of registered mail to the address as shown on the assessment roll of the county; and

(d) Stop movement of noxious weed infested items. Such items shall not be moved from designated premises except in accordance with the written permission of the county control authority; and

(e) Purchase or provide for equipment and materials for the control of noxious weeds, independently or in combination with other control authorities, and use such equipment or materials upon any lands within the state; and

(f) Levy annually upon all taxable property of said county a tax for the control of noxious weeds to be collected and apportioned to the county noxious weed fund, which levy shall not exceed six hundredths percent (.06%) of the market value for assessment purposes of said property in said county; and

(g) Utilize any other methods or local options that may be available for the purpose of funding a coordinated noxious weed control program on the county level; and

(h) Use the noxious weed fund, which may be a revolving fund, only for noxious weed purposes. In addition to any appropriated funds designated for the control of noxious weeds, the county control authority shall have the power to receive and disburse funds from any source as a continuing appropriation at any time for the purpose of controlling noxious weeds; and

(i) Propose and accept plans for noxious weed control which may be extended over a period of years by agreement with the landowner. The agreement shall be a contract and the control authority shall have the power and duty to enforce the terms of any such agreement; and

(j) Propose, accept and implement integrated weed management plans developed by weed control advisory committees for control of noxious weeds in cooperative weed management areas; and

(k) Designate weeds, in addition to the state noxious weed list, as noxious within their county, but such additional species are not subject to provisions of the state noxious weed laws.

(2) The county weed superintendent is authorized to:

(a) Enter upon all lands within the county where there are noxious weeds to ascertain conditions, if a reasonable attempt has been made to contact the landowner and where possible the operator of the land prior to entry and there is probable cause for entry; and

(b) Stipulate items as requiring treatment to prevent dissemination of noxious weeds, in accordance with the applicable regulations.

History:

[(22-2406), added 1970, ch. 149, sec. 14, p. 448; am. 1981, ch. 309, sec. 14, p. 647; am. 1987, ch. 331, sec. 13, p. 702; am. 1988, ch. 320, sec. 1, p. 979; 22-2453 redesignated 22-2482, 1989, ch. 298, sec. 13, p. 744; am. and redesig. 1993, ch. 247, sec. 8, p. 866; am. 1996, ch. 208, sec. 3, p. 660; am. 1996, ch. 322, sec. 3, p. 1031; am. 1999, ch. 75, sec. 5, p. 218.]
Idaho Code § 22-2212 — Idaho Code / Title 22 / Chapter 22 / Section 22-2212
22-2212 PENALTIES FOR DEFICIENT ANALYSIS.
Status: in_force

22-2212. Penalties for deficient analysis. (1) If the analysis shows that any soil amendment or plant amendment falls short of the guaranteed analysis in any one (1) soil amending or plant amending ingredient or in total soil amending or plant amending ingredients, a penalty shall be assessed in favor of the department as follows:

(a) A penalty of three (3) times the value of the deficiency if the deficiency in any one (1) soil amending ingredient is more than:

(i) Twenty percent (20%) of the guarantee on any one (1) soil amendment or plant amendment in which the soil amending or plant amending ingredient is guaranteed up to and including twenty percent (20%).

(ii) Four percent (4%) under guarantee on any one (1) soil amendment or plant amendment in which the soil amending or plant amending ingredient is guaranteed twenty and one-tenth percent (20.1%) and above.

(b) A penalty of three (3) times the value of the total soil amending or plant amending ingredient deficiency shall be assessed when the total deficiency is more than two percent (2%) under the calculated total soil amending or plant amending ingredient guarantee.

(c) When a soil amendment or plant amendment is subject to penalties under both (a) and (b) above, only the larger penalty shall be assessed.

(2) All penalties assessed under this section shall be paid to the department within ninety (90) days after the date of notice from the director to the registrant. The department shall deposit the amount of the penalty into the commercial feed and fertilizer fund, as stipulated in section 22-2220, Idaho Code.

(3) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification for penalties imposed under subsection (1) of this section.

(4) The penalties payable in subsection (1) of this section do not limit the consumer's right to bring a civil action in damage against the registrant paying the civil penalties.

History:

[22-2212, added 2001, ch. 250, sec. 3, p. 911.]
Idaho Code § 22-610 — Idaho Code / Title 22 / Chapter 6 / Section 22-610
22-610 INSPECTION — SAMPLING.
Status: in_force

22-610. Inspection — Sampling. (1) The department shall inspect, sample, analyze, and test fertilizers distributed within this state, at a time and place and to the extent the department deems necessary, to determine whether the fertilizers comply with this chapter. The department may stop any commercial vehicle transporting fertilizers on the public highways and direct it to the nearest scales approved by the department to check weights of fertilizers being delivered. The department may also, upon presentation of proper identification, enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to fertilizers for sampling and to examine and make copies of records relating to their distribution.

(2) The methods of sampling and analysis shall be those adopted by the department from officially recognized sources including, but not limited to, the association of American plant food control officials (AAPFCO) and the association of official analytical chemists, international (AOAC).

(3) The department, in determining for administrative purposes whether a fertilizer is deficient in any component or total nutrients, shall be guided solely by the official sample as defined in section 22-603(21), Idaho Code, and obtained and analyzed as provided for in this section.

(4) When the inspection and analysis of an official sample has been made, the department shall forward the results of the analysis to the distributor and manufacturer, and to the purchaser upon request. Upon written request and within thirty (30) days of the results of analysis, the department shall furnish to the distributor and/or manufacturer a portion of the sample concerned.

(5) If analyses of samples made by the department indicate deficiencies in the fertilizer examined, below guaranteed analysis, and in excess of the tolerances specified by rules promulgated under this chapter, the department shall immediately notify the manufacturer and/or distributor of the fertilizer of the results of the analyses. The manufacturer or seller of the fertilizer may, upon written request, obtain from the department a portion of the sample(s) in question. If he fails to agree with the analyses of the department, he may request an umpire who shall be one (1) of a list of not less than three (3) public analysts of recognized ability in fertilizer analyses, who shall be named by the department. The umpire analyses shall be made at the expense of the manufacturer or seller requesting the same. If the umpire agrees more closely with the department, the figures of the department shall be considered correct. If the umpire agrees more closely with the figures of the manufacturer or distributor, then the figures of the manufacturer or distributor shall be considered correct.

(6) Analysis of an official sample by the department shall be accepted as prima facie evidence by any court of competent jurisdiction.

History:

[22-610, added 2000, ch. 295, sec. 2, p. 1018; am. 2001, ch. 147, sec. 5, p. 521; am. 2008, ch. 131, sec. 6, p. 373.]
Idaho Code § 22-1204 — Idaho Code / Title 22 / Chapter 12 / Section 22-1204
22-1204 DEFINITIONS.
Status: in_force

22-1204. Definitions. As used in this act:

1. The term "commission" means the Idaho potato commission.

2. The term "person" means individual, partnership, corporation, association, grower and/or any other business unit.

3. The term "potatoes" means and includes only potatoes sold or intended for human consumption and grown in the state of Idaho.

4. "Shipment" of potatoes shall be deemed to take place when the potatoes are loaded within the state of Idaho, in a car, bulk, truck or other conveyance in which the potatoes are to be transported for sale or otherwise.

5. The term "dealer" means and includes any person engaged in the business of buying, receiving, processing, or selling potatoes for profit or remuneration.

6. The term "shipper" means and includes one who is properly licensed under federal and state laws, actively engaged in the packing and shipping of potatoes in the primary channel of trade in interstate commerce in the state of Idaho, who does not provide the primary management to a growing or processing operation, and who ships more than he produces.

7. The term "grower" means one who is actively engaged in the growing of potatoes on five (5) or more acres in the state of Idaho, and who does not provide the primary management to a shipping or processing operation.

8. Potatoes shall be deemed to be delivered into the primary channel of trade when any such potatoes are sold or delivered for shipment, or delivered for canning and/or processing into by-products.

9. The term "hundredweight" means each one hundred (100) pound unit or combination of packages making a one hundred (100) pound unit of any shipment of potatoes based on invoice and/or bill of lading records.

10. The term "processor" means a person who is actively engaged in the processing of potatoes in the state of Idaho for human consumption.

11. The term "processing" means changing the form of potatoes from the raw or natural state into a product for human consumption.

12. The term "handler" means and includes any person processing potatoes or handling them in the primary channel of trade.

13. The term "tax" means an assessment levied on potatoes covered by this act for the sole purpose of financing, on behalf of the potato industry in Idaho, the commission's activities in carrying out the purposes of this act.

History:

[22-1204, added 1939, ch. 172, sec. 4, p. 312; am. 1957, ch. 274, sec. 2, p. 632; am. 1961, ch. 316, sec. 2, p. 603; am. 1969, ch. 213, sec. 3, p. 614; am. 1973, ch. 121, sec. 1, p. 229; am. 2019, ch. 201, sec. 1, p. 619; am. 2026, ch. 55, sec. 2, p. 245.]
Idaho Code § 22-2622A — Idaho Code / Title 22 / Chapter 26 / Section 22-2622A
22-2622A CONSOLIDATION AND MERGER AGREEMENTS — VOTING REQUIREMENTS.
Status: in_force

22-2622A. Consolidation and merger agreements — Voting requirements. A consolidation or merger of associations organized hereunder shall be effective if the agreement therefor is approved by a two-thirds (2/3) vote of those present and voting at a regularly called meeting of members, providing notice of the substance of the proposed agreement is in the notice of meeting, and provided further, a quorum is present as provided by the bylaws of each organization voting upon such consolidation or merger. The members of the associations may vote by mail if permitted by the bylaws of said voters' associations, but not by proxy, and the votes by mail shall also be considered in determining the quorum. The failure of any member to vote or a negative vote on consolidation or merger as provided herein shall not entitle those failing to vote or voting in the negative to payment for his shares or other interests or have the value of his shares or other interests appraised, but said members shares or other interests shall be transferred to and invested in the surviving or new corporation without further act or deed.

History:

[I.C., sec. 22-2622A, as added by 1963, ch. 42, sec. 1, p. 191.]
Idaho Code § 22-2920 — Idaho Code / Title 22 / Chapter 29 / Section 22-2920
22-2920 USES FOR MONEYS.
Status: in_force

22-2920. Uses for moneys. Funds received under the provisions of this chapter shall be expended for the following purposes:

(a) For the collection of the tax provided for in section 22-2921, Idaho Code, and the enforcement of all the provisions of this chapter.

(b) For the purpose of investigating and procuring better methods of production, transportation, shipment and merchandising of beans, and for the manufacture and merchandising of their by-products.

(c) For the general purpose of advertising beans for food and all other purposes.

History:

[22-2920, added 1957, ch. 94, sec. 10, p. 158; am. 1988, ch. 51, sec. 3, p. 76.]
Idaho Code § 22-3407 — Idaho Code / Title 22 / Chapter 34 / Section 22-3407
22-3407 REQUALIFICATION.
Status: in_force

22-3407. Requalification. The director may renew any applicant's license or permit issued under the provisions of this act provided the applicant has met the requirements imposed by the director to ensure that the applicant continues to meet the requirements of changing technology and to assure the proper and safe use of pesticides or chemicals.

History:

[22-3407, added 1976, ch. 190, sec. 2, p. 699; am. 1999, ch. 69, sec. 8, p. 187.]
Idaho Code § 22-4910 — Idaho Code / Title 22 / Chapter 49 / Section 22-4910
22-4910 SAFE HARBOR.
Status: in_force

22-4910. Safe Harbor. All beef cattle animal feeding operations operating in compliance with this act and approved best management practices shall not be subject to state enforcement action due to violations of state water quality standards or state ground water quality standards except in the event of imminent and substantial danger as provided in chapter 1, title 39, Idaho Code. However, the department shall evaluate and modify such best management practices as necessary.

History:

[22-4910, added 2000, ch. 63, sec. 1, p. 144.]
Idaho Code § 22-4717 — Idaho Code / Title 22 / Chapter 47 / Section 22-4717
22-4717 ASSESSMENT REFUNDS — ESCROW ACCOUNT.
Status: in_force

22-4717. Assessment refunds — Escrow account. (1) During the period beginning on July 1, 1996, and ending on the date on which a referendum is conducted pursuant to section 22-4718, Idaho Code, the commission shall establish an escrow account to be used for refunds of assessments collected pursuant to section 22-4716, Idaho Code, and shall place an amount equal to ten percent (10%) of the total amounts collected in the escrow account. At the conclusion of each fiscal year, any balance in the escrow account after paying refund claims shall be transferred to one (1) or more of the accounts established by the commission pursuant to section 22-4720, Idaho Code.

(2) The commission shall refund to a seller the assessments paid by or on behalf of the seller if the seller is required to pay the assessments, the seller does not support the program established under this act, and the seller demands the refund prior to the time prescribed by the commission in rules of the commission.

(3) The refund demand shall be made in accordance with rules, in the form, and within the time period prescribed by the commission.

(4) The refund shall be made on submission of proof satisfactory to the commission that the seller paid the assessments described in section 22-4716, Idaho Code, and for which the refund is demanded.

(5) If the amount in the escrow account is not sufficient to refund the total amount of assessments demanded by eligible sellers and the commission is not approved to continue pursuant to the referendum conducted pursuant to this act, the commission shall prorate the amount of the refunds among all eligible sellers who demand a refund.

(6) If the operation of the commission is approved in the referendum conducted pursuant to this act, all funds remaining in the escrow account shall be returned to the commission for its use in accordance with this act.

History:

[22-4717, added 1996, ch. 216, sec. 1, p. 709; am. 1998, ch. 241, sec. 1, p. 800.]
Idaho Code § 22-2018 — Idaho Code / Title 22 / Chapter 20 / Section 22-2018
22-2018 RESEARCH AND INVESTIGATION OF PLANT PEST PROBLEMS AND CONTROL.
Status: in_force

22-2018. Research and investigation of plant pest problems and control. As deemed necessary, the director may fund research to prevent the introduction or spread of plant pests causing or having the potential to cause significant damage or harm in the state, and to investigate the feasibility of their control.

History:

[22-2018, added 2002, ch. 89, sec. 2, p. 223.]
Idaho Code § 22-5405 — Idaho Code / Title 22 / Chapter 54 / Section 22-5405
22-5405 INSPECTIONS.
Status: in_force

22-5405. INSPECTIONS. (1) The director, during normal business hours, may enter any farm or facility that grows, harvests, packs or holds produce for human consumption to:

(a) Inspect that farm or facility to determine whether this chapter and the rules promulgated under this chapter are being violated;

(b) Review and copy the farm or facility's records that are relevant to the enforcement of this chapter; and

(c) Secure and test samples needed to verify compliance with this chapter and the rules promulgated under this chapter. The director shall conduct inspections and sample collections and tests in a reasonable manner.

(2) If the owner or operator of any farm or facility described in subsection (1) of this section, or the owner or operator's authorized agent, refuses to admit the director to inspect pursuant to subsection (1) of this section, the director may obtain from any state court of competent jurisdiction an administrative warrant directing that owner, operator or agent to submit the premises described in the warrant to inspection.

History:

[22-5405, added 2018, ch. 216, sec. 2, p. 487.]
Idaho Code § 22-3514 — Idaho Code / Title 22 / Chapter 35 / Section 22-3514
22-3514 STATE NOT LIABLE FOR ACTS OR OMISSIONS OF COMMISSION OR OF ITS EMPLOYEES.
Status: in_force

22-3514. State not liable for acts or omissions of commission or of its employees. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.

History:

[22-3514, added 1965, ch. 106, sec. 14, p. 192.]
Idaho Code § 22-2720 — Idaho Code / Title 22 / Chapter 27 / Section 22-2720
22-2720 CONSOLIDATION OF OR DELETION FROM AND ADDITION TO NEW OR EXISTING DISTRICTS.
Status: in_force

22-2720. Consolidation of or deletion from and addition to new or existing districts. (1) Petitions for consolidating two (2) or more existing districts or for deleting territory from one (1) or more existing districts and adding the deleted territory to one (1) or more existing districts or incorporating the deleted territory into a new district or districts may be filed with the state soil and water conservation commission on such forms as may be prescribed by the state soil and water conservation commission.

(2) The petitions provided for in subsection (1) of this section shall be signed by twenty-five (25) landowners in the area proposed to be consolidated or the area proposed to be deleted plus the district or districts to which it is to be added or the territory which is to be included in a new district or districts, as the case may be. Provided however, if two-thirds (2/3) of the landowners of all such territory total less than twenty-five (25), then such lesser number of signatures will suffice for the petition.

(3) Within thirty (30) days after receipt of such a petition, the state soil and water conservation commission shall cause due notice of hearing on the matter to be given in all of the areas concerned.

(4) At the close of the hearing, the state soil and water conservation commission shall make and record the following determinations:

(a) Whether or not, in the opinion of the commission, the proposal set forth by the petition would serve the public health, safety and welfare.

(b) Whether or not, in the opinion of the commission, the proposal set forth by the petition is administratively practicable and feasible.

(5) If either or both of the determinations made under subsection (4) of this section are in the negative, the matter is closed. Provided however, after six (6) months have expired from the date of such determination, a new petition may be filed involving substantially the same proposals.

(6) If both of the determinations made under subsection (4) of this section are in the affirmative and if the proposal involves the consolidation of two (2) or more existing districts or if the proposal involves the deletion of territory from one (1) or more districts and the addition of that territory to another existing district or districts, then the commission shall proceed to effect the change as per the commission's determinations hereinbefore referred to. The state soil and water conservation commission shall effect the change by filing with the secretary of state a sworn statement of a member of the commission stating:

(a) The name of the district or districts which are consolidated, if any;

(b) The name of the district or districts from which the territory is deleted or added, if any; and

(c) A description of the boundaries of the consolidated district or of the territory remaining in the district or districts deleted from and the district or districts added to, according to the commission's determination.

From and after the time of filing of such statement with the secretary of state, the changes will be effective. If the name of a district formed by the consolidation of two (2) or more existing districts differs from that of either of the consolidated districts, the secretary of state shall issue and record a new certificate of organization of said district.

(7) Within ten (10) days after the filing of a statement providing for the formation of a consolidated district as prescribed in subsection (6) of this section, the supervisors of each district involved in the consolidation shall meet and, from their number, shall designate a chairman of the consolidated district. Incumbent supervisors of districts involved in a consolidation may serve until any such supervisor's term expires. Any vacancy on the governing body of a district formed by consolidation shall not be filled until only five (5) supervisors, or seven (7) upon written request pursuant to section 22-2721, Idaho Code, remain on the governing body of such district. Thereafter, vacancies shall be filled consistent with procedures prescribed in section 22-2721, Idaho Code.

(8) A district formed by the consolidation of two (2) or more districts shall receive a sum not to exceed eight thousand five hundred dollars ($8,500) for each district involved in the formation of the consolidated district for a period of three (3) years after the formation of such district. The maximum allocation of fifty thousand dollars ($50,000) per district set forth in section 22-2727, Idaho Code, shall not apply to a district formed by consolidation for a period of three (3) years following the formation of such district. Upon expiration of the three (3) year time period, a district formed by consolidation shall be treated as one (1) district and shall be subject to all provisions of section 22-2727, Idaho Code.

(9) The office of any district supervisor is hereby declared to be vacant when, after the deletion of territory, such district supervisor is no longer a landowner within the district deleted from.

(10) If both of the determinations made under subsection (4) of this section are in the affirmative and if the proposal involves the addition of territory deleted from one (1) or more existing districts to other territory thus forming a new district, a referendum shall be held and other procedures followed as in cases involving the original formation of a district where no existing district is involved. In such a case, due notice shall be given in the area which may comprise the new district.

(11) If a new district is formed under the procedure prescribed in subsection (10) of this section, part of the area which is composed of an old district, the state soil and water conservation commission shall cause to be filed with the secretary of state a sworn statement of a member of the commission stating:

(a) The name of the district or districts deleted from; and

(b) A description of the boundaries of the territory remaining in the district or districts deleted from.

From and after the time of filing of such statement with the secretary of state, the change in the boundaries of the existing districts shall be effective.

History:

[22-2720, added 1957, ch. 218, sec. 6, p. 476; am. 2010, ch. 279, sec. 5, p. 729.]
Idaho Code § 22-209 — Idaho Code / Title 22 / Chapter 2 / Section 22-209
22-209 POLICE AND FIRE PROTECTION FOR COUNTY FAIRS.
Status: in_force

22-209. Police and fire protection for county fairs. Notwithstanding any law to the contrary, any municipality in this state, having contiguous to its boundaries an established county fair ground, may by ordinance duly passed, extend to such county fair grounds, the police and fire protection of said municipality and any county, to which such protection is given, shall pay the costs thereof. Said sums to be paid out of the current expense fund of said county for the protection of county property on said fair grounds.

History:

[22-209, added 1941, ch. 83, sec. 1, p. 157.]
Idaho Code § 22-2510 — Idaho Code / Title 22 / Chapter 25 / Section 22-2510
22-2510 REGISTRATION — ASSESSMENT — COLLECTION — PROCEEDS.
Status: in_force

22-2510. Registration — Assessment — Collection — Proceeds. (1) There is hereby levied upon each beekeeper maintaining colonies within the state of Idaho, or desiring to move bees into the state, an annual registration fee of ten dollars ($10.00) for up to fifty (50) colonies. Each additional colony in excess of the first fifty (50) colonies shall be assessed at the rate of ten cents (10¢) per colony. Hobbyist beekeepers are exempt from registration under this section.

(2) The registration fee assessed for colonies in excess of fifty (50) colonies may be increased to not more than twenty cents (20¢) per hive or colony per year, if approved by a majority of the beekeepers voting in a referendum held for the purpose of determining whether such levy of the registration fee shall or shall not be changed. If the levy of the registration fee is changed, the levy of the registration fee will continue annually at the changed rate until again changed by another referendum. Any resident of Idaho who is registered under this chapter as an Idaho beekeeper with the Idaho department of agriculture may vote at such referendum. Any referendum to be held for the purpose of changing the levy of such registration fee shall be held at the annual meeting of the Idaho honey industry association or any successor organization to this group.

(3) Said registration fee shall be a lien upon all apicultural products, equipment, bees and property of the person owning or controlling such bees and shall be prior to all other liens or encumbrances except liens which are declared prior by operation of the statutes of this state.

(4) Hives brought into the state for indoor winter storage prior to moving to another state for pollination or honey production are exempt from paying fees as provided for in this section. Provided however, registration shall be required and a minimum of the following information shall be supplied: location of the storage, approximate dates the hive or hives will be brought into and leave the state, name, address and telephone number of the owner of the bees, and name, address and telephone number of an in-state contact who will have knowledge of the hive or hives being stored in the state.

History:

[(22-2510) 22-2536, added 1963, ch. 305, sec. 20, p. 795; am. 1970, ch. 135, sec. 2, p. 328; am. 1976, ch. 119, sec. 1, p. 459; am. 1990, ch. 414, sec. 2, p. 1149; am. 1991, ch. 224, sec. 2, p. 535; am. and redesig. 2006, ch. 86, sec. 14, p. 254; am. 2014, ch. 46, sec. 1, p. 122.]
Idaho Code § 22-3816 — Idaho Code / Title 22 / Chapter 38 / Section 22-3816
22-3816 TERMINATION OF COMMISSION.
Status: in_force

22-3816. Termination of commission. If the vote at the referendum provided in section 22-3815 is in favor of discontinuance, the commission shall as rapidly as possible terminate its activities, convert its assets to cash and do all other things necessary to terminate its activities. At the termination of such activities, any funds remaining in possession of the commission shall be paid to the University of Idaho for research regarding mint.

History:

[22-3816, added 1969, ch. 49, sec. 16, p. 126.]
Idaho Code § 22-510 — Idaho Code / Title 22 / Chapter 5 / Section 22-510
22-510 SEED POTATO ARBITRATION.
Status: in_force

22-510. Seed Potato Arbitration. (1) Requirement of arbitration. When any buyer claims to have been damaged by the failure of seed potatoes to perform as represented, or when any buyer claims to have been damaged by the failure of any seed potato to produce or perform as represented by the required label to be attached to such seed as prescribed in rules, or by warranty, or as a result of negligence, the buyer shall submit the claim to arbitration as provided in this section.

(2) Notice of required arbitration. In addition to the certification tag required under section 22-502, Idaho Code, conspicuous language calling attention to the requirement for arbitration under this section shall be referenced or included on a notice of required arbitration tag, or otherwise attached to the seed bag or package. A notice in the following form, or equivalent language, shall be sufficient.

NOTICE OF REQUIRED ARBITRATION

Under the seed laws of certain states, arbitration is required as a precondition of maintaining certain legal actions, counterclaims or defenses against a seller of seed. The buyer must file a complaint, along with the filing fee, with the State Department of Agriculture within such time as to permit inspection of the crops and notify seller of complaint by certified mail.

Arbitration shall not be required unless this notice is attached to the seed bag or package.

(3) Establishment of arbitration panel. Any individual or organization recognized by the potato industry in Idaho may provide a nomination list of five (5) names to the director. From that list of nominations, the director shall comprise a list consisting of fifteen (15) names from which the arbitration panel may be established.

(4) Procedures:

(a) Commencement. A buyer may invoke arbitration by filing a sworn complaint with the director together with a nonrefundable filing fee of one hundred dollars ($100). The buyer shall serve a copy of the complaint upon the seller by certified mail. Except in cases of seed which has not been planted, the complaint shall be filed within such time as to permit effective inspection of the plants under field conditions.

(b) Seller's answer. Within twenty (20) days after receipt of a copy of the complaint, the seller shall file with the director an answer to the complaint and serve a copy of the answer upon the buyer by certified mail.

(c) Referral to arbitration panel. The complaint and answer shall be referred to a three (3) person arbitration panel. Each party shall select one (1) arbitrator from the arbitration panel established under the provisions of subsection (3) of this section. Those arbitrators shall select a third arbitrator from the director's list of nominees. Upon request by the chairman, the department may provide administrative support to the arbitration panel.

(d) Findings and recommendations. The panel is empowered, upon review of the buyer's complaint and the seller's answer, to conduct an investigation and make findings and recommendations.

(e) Investigation. Upon referral of a complaint for investigation, the panel shall make a prompt and full investigation of the matters complained of and report its findings and recommendations to the director within sixty (60) days of such referral or such later date as parties may determine.

(f) Scope of report. The report of the panel shall include findings and recommendations as to costs, if any, for settlement of a complaint.

(g) Authority of panel. In the course of its investigation, the panel or any of its members may:

(i) Question the buyer and the seller and any other person having knowledge of the matter under investigation.

(ii) Grow to production a representative sample of the seed through the facilities of the director or a designated university.

(iii) Submit seed samples for testing by the state seed laboratory or other appropriate laboratory.

(iv) Hold informal meetings or hearings at such time and place as the chairman may direct upon reasonable notice to all parties.

(v) Assess the cost of conducting the investigation to the nonprevailing party of a given complaint.

(h) After the investigation and the report of the panel has been released, either party may request at their own expense, a final determination by an independent mediator. If the parties cannot come to an agreement through mediation, no record of the arbitration findings will be discussed or used in a court of law against either side.

History:

[22-510, added 1996, ch. 214, sec. 3, p. 698.]
Idaho Code § 22-3316 — Idaho Code / Title 22 / Chapter 33 / Section 22-3316
22-3316 DELIVERY OF INVOICES TO GROWERS.
Status: in_force

22-3316. Delivery of invoices to growers. (1) The purchaser, at the time of settlement, shall make and deliver separate invoices for each purchase to the grower.

(2) The invoices shall be on forms and in such numbers as prescribed and supplied by the commission and shall show at least:

(a) The name or names and address or addresses of the grower and seller.

(b) The name and address of the purchaser.

(c) The number of bushels of wheat sold.

(d) The date of the purchase.

(3) The invoices shall be legibly written and shall have no corrections or erasures on the face thereof.

(4) Unlawful or willful alteration of an invoice shall constitute a misdemeanor.

History:

[22-3316, added 1959, ch. 6, sec. 16, p. 13.]
Idaho Code § 22-3815 — Idaho Code / Title 22 / Chapter 38 / Section 22-3815
22-3815 REFERENDUM FOR CONTINUANCE OF THE IDAHO MINT COMMISSION.
Status: in_force

22-3815. Referendum for continuance of the Idaho mint commission. After five (5) years from the date the commission was created, a referendum may be held at the petition of the growers or at the request of the commission. The question shall be submitted by secret mail ballots upon which the words "for continuance of the Idaho Mint Commission" and "against continuance of the Idaho Mint Commission" are printed, with a square before each proposition and a direction to insert an "X" mark in the square before the proposition which the voter favors. In the event a referendum is held as provided in this section, no further referendum on the question of discontinuance of such commission shall be held within five (5) years from the date the results of the previous referendum was declared.

The referendum must be held and supervised by the department of agriculture upon its receiving either of the following:

1. A petition signed by thirty percent (30%) of the growers, or two hundred (200) growers, whichever is less. The petitioners shall pay the cost of such referendum if the commission continues but the commission must bear the cost if the majority vote is in favor of discontinuance.

2. A written request from the commission. The commission shall pay the cost of such referendum.

The referendum shall be held, notice thereof given, expenses thereof paid and the result determined, declared and recorded in the office of the secretary of state. No hearing or district meetings of the grower members shall be set prior to the referendum upon the question of determining whether such referendum should be held.

Notice of such referendum must be given by the commission in a manner determined by them. The ballots must also be prepared by the commission and forwarded to the grower members, who shall return them within twenty (20) days after mailing by the commission.

History:

[22-3815, added 1969, ch. 49, sec. 15, p. 126; am. 1996, ch. 91, sec. 6, p. 276.]
Idaho Code § 22-2609 — Idaho Code / Title 22 / Chapter 26 / Section 22-2609
22-2609 ARTICLES OF INCORPORATION — AMENDMENT.
Status: in_force

22-2609. Articles of incorporation — Amendment. The articles of incorporation may be altered or amended in any respect, including increases or decreases in capital stock, at any regular meeting or at any special meeting called for that purpose. An amendment must first be approved by two-thirds (2/3) of the directors and then adopted by the affirmative vote of two-thirds (2/3) of the members or stockholders of the association present at such meeting, except as otherwise provided in section 22-2608, and provided that a quorum as specified in the by-laws of the association be present. Amendments of the articles of incorporation, when so adopted shall be filed in accordance with the provisions of the general corporation law of this state.

History:

[(22-2609) 1921, ch. 124, sec. 9, p. 298; am. 1929, ch. 246, sec. 2, p. 501; I.C.A., sec. 22-2009.]
Idaho Code § 22-4722 — Idaho Code / Title 22 / Chapter 47 / Section 22-4722
22-4722 PENALTIES.
Status: in_force

22-4722. Penalties. Any person who shall violate or aid in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300), or imprisonment not to exceed ninety (90) days, or both. Fines collected for violation of this chapter shall be paid into the "Idaho oilseed commission fund."

History:

[22-4722, added 1996, ch. 216, sec. 1, p. 711; am. 2007, ch. 60, sec. 14, p. 148.]
Idaho Code § 22-2404 — Idaho Code / Title 22 / Chapter 24 / Section 22-2404
22-2404 STATE POWERS.
Status: in_force

22-2404. State powers. (1) The director is authorized to:

(a) Investigate the subject of noxious weeds; and

(b) Require information, annual work plans and reports from each county and from each state agency as to the presence of noxious weeds and other information relative to noxious weeds and the control thereof; and

(c) To cooperate with agencies and persons in carrying out the director's duties under this chapter, and to conduct matters outside this state in the interest of state noxious weed control; and

(d) Advise and confer as to the extent of noxious weed infestations and the methods of control; and

(e) Assist counties in the training of county weed superintendents; and

(f) Call and attend meetings and conferences dealing with the subject of noxious weeds; and

(g) Disseminate information and conduct educational campaigns independently or in cooperation with others; and

(h) Appoint a state noxious weed advisory committee, as provided by section 22-103, Idaho Code, to aid in the development and implementation of a statewide noxious weed management strategy, aid in evaluation of cost share projects and research proposals, and advise the director on matters pertaining to the state noxious weed program; and

(i) Procure materials and equipment; and

(j) Inspect and certify Idaho crops and imports and exports to verify freedom from noxious weeds, and authorize others to conduct such inspections and certification; and

(k) Enter on any public or private land at reasonable times for the purpose of carrying out the provisions of this chapter; and

(l) Apply to any court of competent jurisdiction for a search warrant authorizing access to any land where access was denied and sought for the purposes set forth in this chapter. The court may, upon such application, issue the search warrant for the purposes requested; and

(m) Perform such other acts as may be necessary or appropriate to the administration of the provisions of this chapter; and

(n) Cooperate with the federal government or any established agency thereof in any program of noxious weed control which shall be deemed advisable for the welfare of the people of the state of Idaho, accept any advisable program and make any necessary rules which are not in contradiction to the purposes of this chapter; and

(o) Accept any gift, grant, contract or other funds, or grants-in-aid from the federal government or other entities for noxious weed control purposes and account for such moneys as prescribed by the state controller, and all such funds are hereby appropriated to the purpose for which they are received; and

(p) Initiate agreements with federal agencies in accordance with applicable federal laws; and

(q) Control noxious weeds on federal land within the state, with or without reimbursement, and with the consent of the federal agency involved; and

(r) Take any appropriate action necessary to control or quarantine noxious weed infestations whenever an actual or potential emergency situation exists concerning noxious weed infestations anywhere in the state; and

(s) Initiate cooperative agreements with other agencies and states for the establishment and support of cooperative weed management areas; and

(t) Aid other weed control agencies or authorities in developing and implementing integrated weed management plans for control of noxious weeds; and

(u) Temporarily designate a weed as noxious for up to fifteen (15) months, after publication in a newspaper of general circulation serving the area of infestation; and

(v) Authorize the issuance of deficiency warrants for the purposes of defraying excess costs for the control of noxious weeds for emergency situations, in the event the actual cost for the control of noxious weeds in any one (1) year exceeds the appropriations made for that purpose. When so authorized the state controller shall draw deficiency warrants against the general account; and

(w) Allow the collection, removal and movement of noxious weeds by a researcher from an infested area in Idaho to a facility within Idaho when available within the state of Idaho for purposes of biological control research, so long as the following conditions are satisfied and certified by the researcher and the director in legally binding and notarized documents:

1. The director is notified in writing by the researcher the precise details of the proposed research project at least thirty (30) days prior to any contemplated collection, removal or movement of noxious weeds. The director and specialist staff shall conduct a review of the proposed research project and complete a written project approval plan that includes details of all appropriate actions that will be taken to ensure implementation and protection of the authority of the director as outlined in section 22-2403, Idaho Code, the state powers as outlined in section 22-2404, Idaho Code, the county duties as outlined in section 22-2405, Idaho Code, the county powers as outlined in section 22-2406, Idaho Code, the landowner duties as outlined in section 22-2407, Idaho Code, and the landowner and citizen powers as outlined in section 22-2408, Idaho Code. The researcher shall take no action prior to written approval from all control authorities. The written approval process shall also contain a notification to all other appropriate entities as outlined in this chapter;

2. The collection, removal and movement activities are certified in writing that they will be conducted using methods and protocols prescribed and generally accepted in the biological control research community that prevent the dissemination of noxious weeds;

3. The biological control agent that is the subject of the research is not a plant pest within the meaning of the plant pest act of 2002, an invasive species within the meaning of the invasive species act of 2008 or a viable noxious weed within the meaning of this chapter;

4. Viable noxious weeds, as determined by the department, are not reintroduced into the environment as a component or result of the biological control research;

5. Any articles, including but not limited to plant parts, that are collected for transport as part of biological control research must be destroyed or treated at the research facility in such a way as to destroy the viability of any plant pests, invasive species, hybrids and noxious weeds; and

6. The project is conducted in accordance with such other conditions as may be set in the written approval document by the director to ensure containment during collection, removal and movement of the noxious weed.

Penalties for intentional transportation or release of a biological control agent shall not exceed those established in the plant protection act (Title 7, USC 7734).

Should it be necessary to transport a biological control agent into or out of the state of Idaho all appropriate biological control protocols shall be followed as delineated by the appropriate federal agencies such as the USDA animal plant health inspection service plant protection quarantine (USDA APHIS PPQ).

None of the actions authorized in this paragraph shall be carried out until the director both outlines the actions and certifies to the board of examiners that the specific funding and personnel necessary for all actions is available within the current operational budget of the Idaho state department of agriculture.

(2) If at any time the director determines that the county commissioners have failed to cooperate or carry out their duties and responsibilities as a control authority, the director shall notify them of the deficiency, and suggest corrective action. If the situation is not satisfactorily corrected within seven (7) days after the time outlined in the director's corrective action plan, the director shall initiate appropriate action and charge to the county all expenses including the hiring of necessary labor and equipment. Quarantine of specific crops or potential noxious weed propagating activities may be a part of the control program.

History:

[22-2404, added 1993, ch. 247, sec. 4, p. 863; am. 1994, ch. 180, sec. 18, p. 433; am. 1999, ch. 75, sec. 3, p. 215; am. 2006, ch. 225, sec. 3, p. 672; am. 2015, ch. 279, sec. 2, p. 1141.]
Idaho Code § 22-2721 — Idaho Code / Title 22 / Chapter 27 / Section 22-2721
22-2721 ELECTION, APPOINTMENT, QUALIFICATIONS AND TENURE OF SUPERVISORS.
Status: in_force

22-2721. Election, appointment, qualifications and tenure of supervisors. (1) The governing body of the district shall consist of five (5) supervisors, elected or appointed as provided in this chapter. Elections shall be conducted pursuant to the provisions of this section and the uniform district election law, chapter 14, title 34, Idaho Code. If at any time the supervisors of a district deem it necessary, upon majority vote of the district board, they may increase the number of supervisors to seven (7) or decrease the number of supervisors to five (5). If increased, the additional supervisors shall then be appointed as outlined in this section until such time as regular district elections for two (2) supervisors in each district. At that time, those districts having seven (7) supervisors shall then elect four (4) supervisors for four (4) year terms. The two (2) supervisors appointed by the district shall be persons who are by training and experience qualified to perform the specialized services that will be required of them in the performance of their duties. In the event the supervisors of a district, upon majority vote of the district board, deem it necessary to reduce the number of supervisors to five (5), there must either be two (2) vacant positions on the board or two (2) of the supervisors must first volunteer to give up their seats. Written notification of the reduction in supervisors, signed by the district board chairman, shall then be sent to the state soil and water conservation commission. Such notification shall also be sent to the secretary of state to ensure only two (2) or three (3) supervisors shall be on the ballot for the next election cycle. All supervisors shall be landowners or farmers of the district where they are elected or appointed and shall be registered to vote in the state of Idaho.

(2) Within thirty (30) days after the date of issuance by the secretary of state of a certificate of organization of a soil conservation district, nominating petitions may be filed with the state soil and water conservation commission to nominate candidates for supervisors of each district. The county clerk shall conduct the election for the district in compliance with chapter 14, title 34, Idaho Code, and shall be the election official for the district. The election official shall have authority to extend the time within which nominating petitions may be filed. Nominating petitions shall be filed with the secretary of the district, and no such nominating petition shall be accepted by the election official unless it shall be subscribed by not less than five (5) persons who are qualified electors owning land or residing within the boundaries of the district. The election official shall give due notice of an election to be held, subject to the provisions of section 34-106, Idaho Code, for the election of three (3) supervisors for the district. The names of all nominees on behalf of whom such nominating petitions have been filed within the time herein designated shall appear upon ballots, with directions to choose three (3) names to indicate the voter's preference. The three (3) candidates who receive the largest number, respectively, of the votes cast in such election shall be the elected supervisors for such district.

(3) All elections in districts shall be conducted by the county clerk. Such election shall be held on the first Tuesday succeeding the first Monday of November in each odd-numbered year. Such elections shall be in compliance with the provisions of chapter 14, title 34, Idaho Code, and shall be supervised and conducted by the county clerk. The cost of conducting such elections shall be borne by the county that conducted the election. The county clerk shall certify to the soil and water conservation district the names of the elected supervisors. The soil and water conservation district shall issue certificates of election to each elected supervisor so certified. The county clerk or county clerks of the county or counties in which the district is located shall conduct the election for the soil conservation district, and the county clerk must provide a ballot for the district election and must provide a process that allows only qualified electors of the district to vote in that district's election.

(4) In any election for supervisor, if, after the deadline for filing a declaration of intent as a write-in candidate, it appears that the number of qualified candidates who have been nominated is equal to the number of supervisors to be elected, it shall not be necessary for the candidates to stand for election. The board of supervisors shall declare such candidates elected as supervisors, and the soil and water conservation district shall immediately make and deliver to such persons certificates of election.

(5) The supervisors shall designate a chairman and may, from time to time, change such designation. The term of office of each supervisor shall be four (4) years commencing on the first day of January next following election, except that the two (2) supervisors who are first appointed shall be designated to serve for terms of two (2) years. Vacancies shall be filled for the unexpired term. The selection of successors to fill an unexpired term or for a full term shall be made by a vote of the majority of the supervisors duly qualified and acting at the time the vacancy shall arise, and the supervisors shall certify the name of the appointed supervisor to the state soil and water conservation commission. In the event supervisors fail to appoint a replacement within ninety (90) days following a vacancy, and the vacancy results in the loss of a quorum of the district board, the governor shall appoint a replacement sufficient to reestablish a quorum of the district board. The soil conservation district shall issue a certificate of such appointment.

(6) A quorum shall consist of three (3) supervisors for those districts with a total of five (5) supervisors and four (4) supervisors for those districts with a total of seven (7) supervisors, and the concurrence of a majority in any matter within their duties shall be required for its determination. A supervisor shall be entitled to expenses, including travel expense, necessarily incurred in the discharge of duties. A supervisor shall receive no compensation for services from regular district funds, county funds authorized in section 22-2726, Idaho Code, or state funds authorized in section 22-2727, Idaho Code.

(7) In the event the district has a special project, approved by the state soil and water conservation commission, making project funds available from federal or other sources, a supervisor may receive compensation not to exceed thirty-five dollars ($35.00) per day plus actual and necessary expenses from project funds for services directly related to the project.

(8) The supervisors may employ a secretary, technical experts, and such other officers, agents, and employees, permanent and temporary, as they may require and shall determine their qualifications, duties and compensation. The supervisors may call upon the attorney general of the state for such legal services as they may require or may employ their own counsel and legal staff. The supervisors may delegate to their chairman, to one (1) or more supervisors, or to one (1) or more agents or employees such powers and duties as they may deem proper. The supervisors shall furnish to the state soil and water conservation commission, upon request, copies of such ordinances, rules, orders, contracts, forms and other documents as they shall adopt or employ and such other information concerning the supervisors' activities as the commission may require in the performance of the commission's duties under this chapter.

(9) The supervisors shall provide for the execution of surety bonds for all employees and officers entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions and orders issued or adopted; and shall provide for independent financial audits in accordance with the provisions of section 67-450B, Idaho Code. Supervisors shall be subject to recall in accordance with the provisions of chapter 17, title 34, Idaho Code.

(10) The supervisors may invite the legislative body of a municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy that may affect the property, water supply, or other interests of such municipality or county.

(11) Notwithstanding any other provision of law to the contrary, the election for supervisor scheduled for November 2026 shall instead be held on the Tuesday following the first Monday in November 2027 and shall be for a term of four (4) years; and the election for supervisor scheduled for November 2028 shall instead be held on the Tuesday following the first Monday in November 2029 and shall be for a term of four (4) years.

History:

[22-2721, added 1957, ch. 218, sec. 7, p. 476; am. 1963, ch. 30, sec. 1, p. 171; am. 1973, ch. 59, sec. 1, p. 97; am. 1978, ch. 280, sec. 1, p. 679; am. 1986, ch. 179, sec. 1, p. 469; am. 1990, ch. 3, sec. 1, p. 4; am. 1995, ch. 118, sec. 9, p. 434; am. 1995, ch. 256, sec. 1, p. 837; am. 1997, ch. 180, sec. 4, p. 502; am. 1999, ch. 78, sec. 1, p. 222; am. 2000, ch. 4, sec. 2, p. 5; am. 2008, ch. 383, sec. 1, p. 1053; am. 2009, ch. 341, sec. 4, p. 994; am. 2010, ch. 279, sec. 6, p. 731; am. 2010, ch. 279, sec. 7, p. 733; am. 2011, ch. 11, sec. 2, p. 24; am. 2012, ch. 211, sec. 1, p. 571; am. 2022, ch. 271, sec. 4, p. 875; am. 2024, ch. 39, sec. 1, p. 241; am. 2026, ch. 286, sec. 1, p. 1200.]
Idaho Code § 22-910 — Idaho Code / Title 22 / Chapter 9 / Section 22-910
22-910 DEFINITION OF TERMS.
Status: in_force

22-910. Definition of terms. As used in these standards:

1. "Soft rot or wet breakdown" means any soft, mushy, or leaky condition of the tissue such as slimy soft rot, leak, or wet breakdown following freezing or sunscald.

2. "Diameter" means the greatest dimension at right angles to the longitudinal axis. The long axis shall be used without regard to the position of the stem (rhisome).

3. "Fairly well shaped" means that the appearance of the individual potato or the general appearance of the potatoes in the container is not materially injured by pointed, dumbbell-shaped or otherwise ill-formed potatoes.

4. "Free from damage" means free from any injury or defect which materially injures the appearance of the individual potato or the general appearance of the potatoes in the container, or which cannot be removed without a loss of more than five percent (5%) of the total weight of the potato including peel covering defective area. Loss of outer skin (epidermis) shall not be considered as damage unless the skinned surface is materially affected by very dark discoloration. Any one (1) of the following defects or any combination of defects the seriousness of which exceeds the maximum allowed for any one (1) defect shall be considered as damage:

(a) Second growth or growth cracks which have developed to such an extent as to materially injure the appearance of the individual potato or the general appearance of the potatoes in the container.

(b) Air cracks which are deep, or shallow air cracks which materially injure the appearance of the individual potato or the general appearance of the potatoes in the container.

(c) Shriveling, when the potato is more than moderately shriveled, spongy, or flabby.

(d) Sprouting when more than ten percent (10%) of the potatoes have sprouts over three-fourths (3/4) of an inch long.

(e) Surface scab which covers an area of more than five percent (5%) of the surface of the potato in the aggregate.

(f) Pitted scab which affects the appearance of the potato to a greater extent than the amount of surface scab permitted or causes a loss of more than five percent (5%) of the total weight of the potato including peel covering defective area.

(g) Rhizoctonia when the general appearance of the potatoes in the container is materially injured or when individual potatoes are badly infected.

(h) Dirt when the general appearance of the potatoes in the container is more than slightly dirty or stained, or when individual potatoes are badly caked with dirt or badly stained; or other foreign matter which materially affects the appearance of the potatoes.

5. "Free from serious damage" means free from any injury or defect which seriously injures the appearance of the individual potato or the general appearance of the potatoes in the container, or which cannot be removed without a loss of more than ten percent (10%) of the total weight of the potato including peel covering defective area. Any one (1) of the following defects or any combination of defects the seriousness of which exceeds the maximum allowed for any one (1) defect shall be considered as serious damage:

(a) Dirt when the general appearance of the potatoes in the container is seriously affected by tubers badly caked with dirt; or other foreign matter which seriously affects the appearance of the potatoes.

(b) Cuts when both ends are clipped or when more than an estimated one-third (1/3) of the potato is cut away from one (1) end or when the remaining portion of the clipped potato weighs less than four (4) ounces.

Other cuts which seriously affect the appearance of the individual potato or which cannot be removed without a loss of more than ten percent (10%) of the total weight of the potato including peel covering defective area.

(c) Shriveling when the potato is excessively shriveled, spongy, or flabby.

(d) Surface scab which covers an area of more than fifty percent (50%) of the surface of the potato in the aggregate.

(e) Pitted scab which affects the appearance of the potato to a greater extent than the amount of surface scab permitted or causes a loss of more than ten percent (10%) of the total weight of the potato including peel covering defective area.

6. "Sampling" means the procedure used to take a representative sample from a lot:

(a) Random sampling: The process of selecting a sample from a lot whereby each unit in the lot has an equal chance of being chosen.

(b) Sample portion: A randomly selected portion of the potatoes taken from the lot which when composited with other portions will represent the quality of the lot.

7. "Recognized types of sampling procedures" mean:

(a) Official sampling: The sampler is a trained and licensed employee of the federal/state inspection service. The federal/state inspection service or the Idaho department of agriculture assumes full responsibility for employees in this position, ensuring that proper sampling methods and procedures, sample identity and security are maintained.

(b) Supervised sampling: The sampler is not an employee of the federal/state inspection service nor the Idaho department of agriculture. Sampling methods and procedures, sample identity and security are randomly checked and supervised by the federal/state inspection service. Before a sampler can be employed as a supervised sampler, the sampler shall be trained and approved by the federal/state inspection service.

Federal/state inspection service registers shall contain the names of trained and approved samplers used for this type of sampling. Worksheets and certificates or computer printouts from this type of sampling shall show supervised sampling.

8. "Submitted samples" mean samples that are drawn, marked and controlled by the applicant requesting inspection and submitted to the inspection service for grading results. Work sheets and certificates or computer printouts from this type of sampling shall show "submitted sample."

9. Any handler of potatoes requesting grade or quality inspections from the federal/state inspection service using sampling methods other than official sampling shall notify all financially interested parties.

10. Any processor, packer or shipper of potatoes who uses other than the official sampling as defined in this chapter, shall notify the grower of this fact. The penalties for any deviation in sampling procedures or for tampering with a sample or altering a certificate are provided in section 22-912, Idaho Code.

History:

[22-910, added 1941, ch. 32, sec. 10, p. 72; am. 1990, ch. 190, sec. 1, p. 420.]
Idaho Code § 22-1107 — Idaho Code / Title 22 / Chapter 11 / Section 22-1107
22-1107 ORGANIC FOOD ADVISORY COUNCIL.
Status: in_force

22-1107. Organic food advisory council. (1) There is hereby created in the department of agriculture, the organic food advisory council which shall consist of seven (7) members who shall be appointed by the director. Organizations representing Idaho's organic food products industry shall nominate to the director one (1) member and one (1) alternate for each vacancy on the advisory council to represent the following categories of organic food products:

(a) Cereals, grains and legumes;

(b) Dairy and livestock;

(c) Forage and feed;

(d) Herbs; and

(e) Vegetables and row crops.

At least one (1) member shall be a purchaser, vendor or consumer of organic food products, and one (1) member shall represent conventional agriculture. Three (3) members of the council shall be originally appointed for a term of two (2) years and four (4) members of the council shall be appointed for a term of three (3) years. Thereafter all terms shall be for a period of three (3) years. If a vacancy occurs, the director may appoint a replacement for the remainder of the term.

(2) The organic food advisory council shall advise the director on matters relating to administration of the provisions of this chapter. A majority of the members of the council shall represent a quorum. The council shall meet at the call of the chairman or the director.

(3) Members of the council shall be compensated as provided in section 59-509(b), Idaho Code.

History:

[22-1107, added 1990, ch. 145, sec. 1, p. 327; am. 2001, ch. 75, sec. 6, p. 183; am. 2002, ch. 88, sec. 2, p. 210.]
Idaho Code § 22-2013 — Idaho Code / Title 22 / Chapter 20 / Section 22-2013
22-2013 QUARANTINE RULES — REGULATED AREAS AND ARTICLES — TEMPORARY RULES.
Status: in_force

22-2013. Quarantine rules — Regulated areas and articles — Temporary rules. The director may promulgate quarantine rules, whereby the production, movement or existence of plants, or any other article or material, or the normal activity of persons, is brought under rules, in order that the introduction or spread of a plant pest may be prevented or limited, or in order that a plant pest already introduced may be officially controlled, thereby reducing or avoiding an economic impact that would otherwise occur through damage done by the pest or through continuing cost of control measures.

(1) Federal quarantine. The department may enter into cooperative agreements with the U.S. department of agriculture, and other federal, state, city or county agencies to assist in the enforcement of federal quarantines. The department may establish a quarantine and promulgate a rule against a plant pest or an area not covered by a federal quarantine. The department may seize, destroy or require treatment of products moved from a federally regulated area if they were not moved in accordance with the federal quarantine rules or, if certified, they were found to be infested with the plant pest.

(2) State plant quarantines:

(a) State interior quarantine. The department may establish a quarantine against a plant pest that is not of quarantine significance to other states, to prevent the spread of the plant pest within its borders; or establish a quarantine against a plant pest of regional or national significance when no federal quarantine has been established.

(b) Parallel state interior quarantine. The department may establish a parallel state interior quarantine against a plant pest which is of limited distribution in the state and is the subject of a federal quarantine. The quarantine regulates intrastate movement between quarantined and nonquarantined areas of the state. This quarantine action is required if the federal quarantine is to apply only to the infested portion of the state.

(c) Uniform state quarantine. The department may establish a uniform state quarantine with other infested states which are parallel with respect to their basic quarantine requirements. The regulated area in the uniform state quarantine shall describe the area to be regulated. The quarantine shall include a reference to regulated areas of all the infested states under the uniform state quarantine. When a plant pest of regional or national significance occurs only in limited areas of the state and no federal quarantine is established, a state interior quarantine shall be established.

(d) Standard state exterior quarantine. The department may establish a standard state exterior quarantine if the plant pest is not established in the state but is established in other states and no federal quarantine has been established. The department may require controls at origin or destination as are necessary to provide protection for Idaho industries, the public and the environment.

(3) Regulated areas. The regulated area to be described in quarantine rules may involve the entire state, portion of the state (areas) or a list of locations of infested properties:

(a) Regulated areas may be subdivided into suppressive and generally infested areas where it is desirable to augment control measures being applied in certain areas, and it is believed necessary to control movement into such areas from generally infested areas.

(b) Provisions in the quarantine rules may be made for adding to the regulated area any other area known to be infested, or which is found to be infested after establishment of the quarantine, when so declared by the director.

(c) When an infestation in a certain regulated area has been eliminated through the application of treatments, to the extent that movements of the regulated articles therefrom would no longer present a pest risk, the quarantine may be lifted. Provided, a hold order shall be issued to each owner of any remaining infested property in the aforementioned regulated area.

(4) Movement of regulated articles:

(a) Interstate shipments:

(i) Any regulated article that is prohibited interstate movement or is required to be certified, if moved interstate from an area regulated by a state or federal quarantine, shall be refused entry into the state.

(ii) The owner or carrier of regulated articles that are reportedly originating in nonregulated areas of a quarantined state must provide proof of origin of the regulated articles through an invoice, waybill or other shipping document.

(iii) If only a portion of a state is under a state or federal quarantine, the shipment will not be refused nor a certificate required if the article originates from a nonregulated area of the shipping state, unless the article is found to be infested or prohibited.

(b) Intrastate shipments:

(i) Certificates or permits are required for the movement of nonexempted regulated articles when:

1. Moving from a regulated area to any point outside thereof.

2. Moving from a generally infested area into a suppressive area.

3. Moving within a suppressive area where such control over this movement is desirable.

(ii) Certificates or permits should not be required for any regulated article originating outside of a regulated area moving to another nonregulated area, or moving through or reshipped from a regulated area when the point of origin of the article is clearly indicated on a waybill, bill of lading, shipper's invoice or other similar document accompanying the shipment, provided that shipments moving through or being reshipped from a regulated area must be safeguarded against infestation while within the regulated area in a manner satisfactory to an investigator.

(iii) Certificates should not be issued unless provisions of other applicable quarantines have been met and the regulated articles:

1. Originate in a noninfested portion of the regulated area and have not been exposed to infestation while within the regulated area; or

2. Have been examined and found to be free of infestation; or

3. Have been treated in accordance with procedures approved by the director; or

4. Have been grown, produced, manufactured, stored or handled in such a manner that, in the judgment of the investigator, no infestation would be transmitted thereby.

(iv) Limited permits may be issued to allow the movement of regulated articles to a specified destination for limited handling, utilization, or processing, provided the investigator has determined that such movement will not result in the spread of the pest and requirements of other quarantines have been met.

(v) Control over the movement of regulated articles from infested areas to noninfested areas within a regulated area may be provided for when such control over movement within a regulated area is desired to prevent the spread of plant pests. This provision usually will be applicable only when officially controlled treatments are being applied and would be handled through a direct written notice to the property owner concerned.

(vi) Compliance agreements should be required as a basis for the issuance of certificates or permits in bulk to industry for their issuance, and they are desirable to explain the main provisions of the quarantine for that particular concern.

(5) Temporary rules. The department may promulgate temporary rules pursuant to chapter 52, title 67, Idaho Code, in order to take immediate regulatory action to prevent the introduction or establishment of a plant pest.

History:

[22-2013, added 2002, ch. 89, sec. 2, p. 218.]
Idaho Code § 22-5115 — Idaho Code / Title 22 / Chapter 51 / Section 22-5115
22-5115 LICENSE REISSUANCE FOLLOWING REVOCATION.
Status: in_force

22-5115. License reissuance following revocation. A seed buyer license shall not be issued to any person whose license has been revoked within a period of three (3) years from the date of such revocation. Upon application for a license following revocation, the department shall hold a hearing within thirty (30) days from receipt of the application to determine if such license shall be issued. A change in a person's business name shall not absolve that person of a prior revocation of his seed buyer license.

History:

[22-5115, added 2002, ch. 256, sec. 1, p. 742.]
Idaho Code § 22-4015 — Idaho Code / Title 22 / Chapter 40 / Section 22-4015
22-4015 IMPOSITION OF TAX.
Status: in_force

22-4015. Imposition of tax. (1) There is hereby levied and imposed a tax of up to four cents (4¢) per hundredweight on all barley grown in the state of Idaho or given to Idaho growers under a crop reduction program, and sold or contracted in this state, and each and every crop grown or barley given to growers under a crop reduction program thereafter. The tax shall be due on barley given to growers under a crop reduction program and on barley sold or contracted through commercial channels in this state, regardless of any deduction of the tax on this same barley prior to it being given to the grower. The tax shall be due on or before the time when such barley is first sold or contracted in the commercial channels and shall be paid at such time or times as the commission may, by rule prescribe, as hereinafter provided, but not later than the 15th day of the month next succeeding the three (3) month period in which such barley is sold or contracted in commercial channels. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax.

(2) The tax shall be levied and assessed to the seller at the time of delivery for sale and shall be deducted by the first purchaser from the price paid to the seller at the time of sale or in case of a lienholder who may possess such barley under his lien, the tax shall be deducted by the lienholder from the proceeds of the claim secured by such lien at the time the barley is pledged or mortgaged. The tax shall be deducted as provided in this section whether the barley is stored in this or any other state. The commission may, however, permit any federal corporation, such as the commodity credit corporation, to waive its responsibility for the collection of the tax, provided the amount of the tax is one dollar ($1.00) or less.

(3) The tax constitutes a lien prior to all other liens and encumbrances upon such barley except liens which are declared by operation of a statute of this state.

(4) Any person may request from the commission in writing, within thirty (30) days after payment thereof, a refund of all or any portion of an assessment levied hereunder on barley and paid by him. The commission shall make the refund not later than thirty (30) days after the end of the fiscal year in which the request is made. Refunds shall cease to be available beginning on the first July 1 following completion of a referendum for the continuation or discontinuation of refunds as described in section 22-4019, Idaho Code.

(5) A sale shall be exempt from the tax if a substantially similar tax is imposed by and paid to another state or foreign country and used for similar purposes with respect to the same barley. The commission shall by rule identify what other taxes are substantially similar and used for similar purposes, and shall establish procedures for sellers to prove the payment of the other taxes.

History:

[22-4015, added 1988, ch. 194, sec. 1, p. 355; am. 1997, ch. 157, sec. 4, p. 456; am. 2012, ch. 263, sec. 3, p. 731.]
Idaho Code § 22-2211 — Idaho Code / Title 22 / Chapter 22 / Section 22-2211
22-2211 SHORT WEIGHT — PENALTY.
Status: in_force

22-2211. Short weight — Penalty. If any soil amendment or plant amendment in the possession of the consumer is found by the director to be short in weight, the registrant of the soil amendment or plant amendment shall, within thirty (30) days after official notification from the department, submit to the department a penalty payment of three (3) times the value of the actual shortage.

History:

[22-2211, added 2001, ch. 250, sec. 3, p. 911.]
Idaho Code § 22-2805 — Idaho Code / Title 22 / Chapter 28 / Section 22-2805
22-2805 POWER TO CONTRACT.
Status: in_force

22-2805. Power to contract. The said commission shall have power to contract and be contracted with.

History:

[22-2805, added 1949, ch. 147, sec. 5, p. 301.]
Idaho Code § 22-4710 — Idaho Code / Title 22 / Chapter 47 / Section 22-4710
22-4710 DUTIES AND POWERS OF THE COMMISSION.
Status: in_force

22-4710. Duties and powers of the commission. (1) The commission shall establish the policies to be followed in the accomplishment of and consistent with the general purposes of this chapter.

(2) In the administration of this chapter, the commission shall have the following duties, authorities and powers:

(a) To conduct a campaign of research, education and publicity.

(b) To find new markets for oilseed and oilseed products.

(c) To give, publicize and promulgate reliable information showing the value of oilseed and oilseed products for any purpose for which they are found useful and profitable.

(d) To make public and encourage the widespread national and international use of the special kinds of oilseed and oilseed products produced from all varieties of oilseed grown in Idaho.

(e) To investigate and participate in studies of the problems peculiar to the growers of oilseed in Idaho.

(3) The commission shall have the duty, power and authority:

(a) To take action as the commission deems necessary or advisable to stabilize and protect the oilseed industry of the state and the health and welfare of the public.

(b) To sue and be sued.

(c) To enter into contracts as may be necessary or advisable.

(d) To appoint and employ officers, agents and other personnel, including experts in agriculture and the publicizing of agricultural products, and to prescribe their duties and fix their compensation.

(e) To advertise as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state.

(f) To cooperate with any local, state, or national organization or agency, whether voluntary or created by the law of any state or by federal law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with those organizations or agencies for carrying on joint campaigns of research, education, publicity and reciprocal enforcement.

(g) To lease, purchase or own the real or personal property deemed necessary in the administration of this chapter.

(h) To prosecute in the name of the state of Idaho any suit or action for collection of the tax or assessment provided for in this chapter.

(i) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and rules for the procedures and exercise of its powers and the performance of its duties.

(j) To incur indebtedness and carry on all business activities.

(k) To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller at all times.

(l) Except as otherwise provided in this chapter, information obtained from books, records, and accounts required to be maintained by this chapter and pertaining to individual production records of oilseed growers shall be kept confidential, and shall not be disclosed to the public by any person.

History:

[22-4710, added 1996, ch. 216, sec. 1, p. 706; am. 2007, ch. 60, sec. 8, p. 145.]
Idaho Code § 22-2220 — Idaho Code / Title 22 / Chapter 22 / Section 22-2220
22-2220 DISPOSITION OF MONEYS.
Status: in_force

22-2220. Disposition of moneys. All moneys received by the director from the registration of soil amendments and plant amendments and from the payment of moneys derived from the registration and inspection fees charged on soil amendments and plant amendments, and moneys collected for violations of this chapter or rules adopted under this chapter, shall be paid into the state treasury and placed in a fund to be known as the "Commercial Feed and Fertilizer Fund." Moneys in the fund shall be used to carry out the purposes of this chapter.

History:

[22-2220, added 2001, ch. 250, sec. 3, p. 914.]
Idaho Code § 22-2733 — Idaho Code / Title 22 / Chapter 27 / Section 22-2733
22-2733 GRANTS FROM STATE SOIL AND WATER CONSERVATION COMMISSION GENERAL FUND — APPLICATION — APPROVAL — GRANT AGREEMENT.
Status: in_force

22-2733. Grants from state soil and water conservation commission general fund — Application — Approval — Grant agreement. (1) Eligible applicants or participants may file an application with the local soil conservation district or the state soil and water conservation commission for a grant from the state soil and water conservation commission general fund for the purpose of financing conservation improvements, projects and implementation of the water quality program for agriculture. Such application shall be filed in such a manner and shall be in such form, and be accompanied by such information as may be prescribed by the commission; provided however, any such application filed with the district or the commission under the provisions of this section shall:

(a) Describe the nature and purpose of the improvements or conservation plan implementation project;

(b) Set forth or be accompanied by an improvement project plan approved by the local soil conservation district or the commission that identifies the practices to be applied, together with such technical and economic feasibility data and estimated costs as may be required by the commission;

(c) State whether money other than that for which application is made under this section will be used for improvement project or conservation plan implementation costs, and whether such money is available or has been sought for this purpose; and

(d) Show that the applicant or participant holds or can acquire title to all lands or has necessary easements and rights-of-way to implement the project plan.

(2) The commission and local soil conservation district will keep each other informed of grant applications received. Within thirty (30) days of receipt of an application, the local soil conservation district or the commission shall review and evaluate and, if deemed necessary, investigate all aspects of the proposed improvement, project or conservation plan. As part of such investigation, the district or the commission shall determine whether the project plan is satisfactory. If the district or the commission determines that the plan is unsatisfactory, it shall return the application to the applicant or participant and the district or the commission may make such recommendations to the applicant or participant as are considered necessary to make the plan satisfactory. If the commission determines either the plan or a plan revised pursuant to recommendation of the district or commission is satisfactory, it shall be considered for funding.

(3) The commission may approve a grant if after review, evaluation and investigation if necessary, it finds that:

(a) The applicant or participant is qualified and responsible;

(b) The improvement, project or conservation plan demonstrates public benefits; and

(c) That money in the state soil and water conservation commission general fund is available for the grant.

(4) If the commission approves a grant, the applicant or participant shall enter into an agreement covering the grant offer and acceptance of the grant for implementing the improvement, project or conservation plan. The agreement shall be improvement, project or conservation plan specific. The terms and conditions shall be those specified by the commission.

(5) Upon approval of the grant and securing all necessary documents, the commission will make available, in the approved form, project or contract funding.

History:

[22-2733, added 1992, ch. 270, sec. 7, p. 841; am. 1999, ch. 137, sec. 6, p. 391; am. 2003, ch. 107, sec. 9, p. 344; am. 2010, ch. 279, sec. 16, p. 741.]
Idaho Code § 22-506 — Idaho Code / Title 22 / Chapter 5 / Section 22-506
22-506 ADVISORY COMMITTEE.
Status: in_force

22-506. Advisory committee. In order to maintain close contact between the department and the potato industry there is hereby established an advisory committee to be appointed by the director. Any person or organization recognized by the potato industry may provide a nomination list of no more than two (2) individuals to the director. The committee shall be comprised of no more than twelve (12) individuals, one (1) of whom must be from the university of Idaho, and one (1) from the department.

History:

[22-506, added 1996, ch. 215, sec. 6, p. 702.]
Idaho Code § 22-420 — Idaho Code / Title 22 / Chapter 4 / Section 22-420
22-420 SEIZURE.
Status: in_force

22-420. Seizure. Any lot of seed not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the seed is located. In the event that the court finds the seed does not meet the requirements set out in this chapter and orders the condemnation of the seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state; provided, that in no instance shall the court order such disposition of said seed without first having given the defendant an opportunity to apply to the court for release of the seed or permission to process or relabel it for compliance with the provisions of this chapter. Release of said seed shall be made only upon proof of compliance.

History:

[22-420, added 1951, ch. 243, sec. 7, p. 508; am. 1974, ch. 18, sec. 8, p. 364; am. 1987, ch. 188, sec. 8, p. 380.]
Idaho Code § 22-3416 — Idaho Code / Title 22 / Chapter 34 / Section 22-3416
22-3416 COOPERATION WITH OTHER AGENCIES.
Status: in_force

22-3416. Cooperation with other agencies. The director is authorized to cooperate with and enter into agreements with any other state or federal agency in order to carry out the provisions of this act and to assure uniformity of rules and regulations.

History:

[22-3416, added 1976, ch. 190, sec. 2, p. 701; am. 1996, ch. 22, sec. 10, p. 54.]
Idaho Code § 22-5120 — Idaho Code / Title 22 / Chapter 51 / Section 22-5120
22-5120 SEED INDEMNITY FUND.
Status: in_force

22-5120. Seed indemnity fund. (1) There is hereby established, within the dedicated account, a fund to be known as the seed indemnity fund. The seed indemnity fund shall consist of assessments remitted pursuant to the provisions of this chapter and any interest or earnings on the fund balance.

(2) All assessments shall be paid to the department and shall be deposited in the seed indemnity fund. Assessments shall be paid solely by or on behalf of producers who transfer or deposit for storage a seed crop with a seed buyer. The state treasurer shall be the custodian of the seed indemnity fund. Disbursements shall be authorized by the director. No appropriation is required for disbursements from this fund.

(3) The seed indemnity fund shall be used exclusively for paying valid claims as authorized by this chapter and the necessary fees and expenses of the department in carrying out its responsibilities under this chapter. If necessary a portion of the fund may be used to defray the cost of reinsuring the fund at the discretion of the director. The state of Idaho shall not be liable for any claims presented against the fund.

History:

[22-5120, added 2002, ch. 256, sec. 1, p. 743.]
Idaho Code § 22-3602 — Idaho Code / Title 22 / Chapter 36 / Section 22-3602
22-3602 COMMISSION CREATED — QUALIFICATION OF MEMBERS.
Status: in_force

22-3602. Commission created — Qualification of members. There is hereby created in the department of self-governing agencies an Idaho apple commission, to be thus known and designated. The commission shall be composed of three (3) practical apple growers and two (2) practical apple dealers.

The three (3) grower members shall be citizens and residents of this state, over the age of twenty-five (25) years, each of whom is and has been actively engaged in the growing and producing of apples within the state of Idaho, and a major portion of his income from apples has been derived from growing apples.

The two (2) dealer members shall be persons who, either individually or as executive officers of a corporation, firm, partnership, association or cooperative organization are and have been actively engaged as dealers of apples within the state of Idaho, are citizens and residents of this state; are over the age of twenty-five (25) years, and a major portion of their income from apples has been derived from handling, packing, shipping, buying or selling apples, or acting as sales or purchasing agent, broker or factor of apples.

The qualifications of members of the commission as herein set forth must continue during their term of office. The commission shall elect its chairman. Each member of the commission shall be compensated as provided by section 59-509(d), Idaho Code.

History:

[22-3602, added 1966 (2nd E.S.), ch. 17, sec. 2, p. 39; am. 1974, ch. 13, sec. 4, p. 138; am. 1980, ch. 247, sec. 17, p. 594.]
Idaho Code § 22-202 — Idaho Code / Title 22 / Chapter 2 / Section 22-202
22-202 HEARING OF OBJECTIONS — ORDER CREATING BOARD — APPOINTMENT AND SELECTION OF MEMBERS.
Status: in_force

22-202. Hearing of objections — Order creating board — Appointment and selection of members. The board shall meet on the day fixed, at which time any voter or taxpayer residing within the county may appear and object to the form of the petition, the genuineness of the signatures, or may make any other objection as to the legality of the proceedings of the board; or, any pertinent objection or objections to the creation of the county fair board.

After hearing and considering the objections, if any, made to the proceedings or to the creation of a county fair board, the board shall, if it deems it for the best interests of the county that a county fair be conducted by the county, create a county fair board by an order duly spread upon its minutes.

(A) If the board in a county with a population of two hundred thousand (200,000) persons or less orders the creation of a county fair board, it shall immediately appoint either five (5) or seven (7) persons to membership thereof, and shall fix the place within the county at which such fair shall be held, and make its action a matter of record. The members shall as nearly as possible be selected from the different industries and localities of the county. If seven (7) persons are appointed on January 18, 1988, appointments shall be made as follows: four (4) members shall be appointed for a term of two (2) years and three (3) members shall be appointed for a term of three (3) years. Thereafter, each appointment shall be made for terms of four (4) years. Appointments shall expire on the third Monday in January.

If five (5) persons are appointed on January 18, 1988, appointments shall be made as follows: three (3) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of three (3) years. Thereafter, each appointment shall be made for terms of three (3) years. Appointments shall expire on the third Monday in January. Any vacancy occurring on such county fair board shall be filled by appointment by the county commissioners at their first regular meeting after the occurrence of such vacancy.

(B) In a county with a population of two hundred thousand one (200,001) or more persons, the board, if it orders the creation of a county fair board, shall immediately appoint either five (5) or seven (7) persons to membership thereon, in the manner provided herein.

If seven (7) persons are appointed on January 17, 1977, appointments shall be made as follows: four (4) members shall be appointed for a term of two (2) years and three (3) members shall be appointed for a term of three (3) years. Thereafter, each appointment shall be made for terms of four (4) years. Appointments shall expire on the third Monday in January.

If five (5) persons are appointed on January 17, 1977, appointments shall be made as follows: three (3) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of three (3) years. Thereafter, each appointment shall be made for terms of three (3) years. Appointments shall expire on the third Monday in January.

County fair boards created after the effective date of this act shall be appointed for staggered terms assuming that the appointments are made on the third Monday in January.

History:

[(22-202) 1929, ch. 208, sec. 2, p. 411; I.C.A., sec. 22-202; am. 1963, ch. 113, sec. 1, p. 336; am. 1976, ch. 347, sec. 1, p. 1155; am. 1987, ch. 184, sec. 1, p. 363; am. 2000, ch. 347, sec. 1, p. 1172.]
Idaho Code § 22-1602 — Idaho Code / Title 22 / Chapter 16 / Section 22-1602
22-1602 RECORDS SUBJECT TO INSPECTION.
Status: in_force

22-1602. Records subject to inspection. All the books, papers and other records of every person, firm, corporation or other organization engaged in the business of buying or selling farm products, shall be subject to inspection by the department of agriculture, if it shall appear to the department that there are reasonable grounds to believe that there has been a violation of this chapter, and such person, firm, corporation or other organization shall, at such times as the department shall prescribe, make such further verified returns having a bearing on the provisions of this chapter as the department may prescribe.

History:

[(22-1602) 1917, ch. 23, sec. 2, p. 62; reen. C.L. 79:32; C.S., sec. 2052; I.C.A., sec. 22-1202.]
Idaho Code § 22-4218 — Idaho Code / Title 22 / Chapter 42 / Section 22-4218
22-4218 LIBERAL CONSTRUCTION.
Status: in_force

22-4218. Liberal construction. This act shall be liberally construed, and if any part or portion thereof be declared invalid, or the application thereof to any person, circumstance or thing is declared invalid, the validity of the remainder of this act and/or the applicability thereof to any persons, circumstance or thing shall not be affected thereby, and it is the intention of the legislature to preserve any and all parts of this act if possible.

History:

[22-4218, added 1974, ch. 184, sec. 18, p. 1481.]
Idaho Code § 22-4903 — Idaho Code / Title 22 / Chapter 49 / Section 22-4903
22-4903 AUTHORITY AND DUTIES OF DIRECTOR CONCERNING BEEF CATTLE ANIMAL FEEDING OPERATIONS.
Status: in_force

22-4903. Authority and duties of director concerning beef cattle animal feeding operations. (1) The director of the department of agriculture through the division of animal industries is authorized to regulate beef cattle animal feeding operations to protect state natural resources, including surface water and ground water. The department is authorized to adopt rules to implement the provisions of this chapter.

(2) Nothing in this chapter shall affect the authority of the department of environmental quality to administer and enforce an Idaho NPDES program for beef cattle feeding operations, including without limitation, the authority to issue permits, access records, conduct inspections and take enforcement action, as set forth in chapter 1, title 39, Idaho Code, and the rules adopted pursuant thereto. The provisions of this chapter do not alter the requirements, liabilities and authorities with respect to or established by an Idaho NPDES program.

(3) The director of the department of environmental quality and the director of the department of agriculture shall, as appropriate, establish an agreement relating to the administration of an Idaho NPDES program that recognizes the expertise of the department of agriculture. The director shall have the authority to exercise any other authorities delegated by the director of the department of environmental quality regarding the protection of ground water, surface water and other natural resources associated with beef cattle feeding operations, and this shall be the authority for the director of the department of environmental quality to so delegate.

(4) The director of the department of environmental quality shall consult with the director of the department of agriculture before certifying discharges from beef cattle animal feeding operations as provided under 33 U.S.C. section 1341.

History:

[22-4903, added 2000, ch. 63, sec. 1, p. 140; am. 2001, ch. 103, sec. 8, p. 262; am. 2004, ch. 187, sec. 2, p. 580; am. 2016, ch. 129, sec. 2, p. 377.]
Idaho Code § 22-2724 — Idaho Code / Title 22 / Chapter 27 / Section 22-2724
22-2724 STATE AGENCIES TO COOPERATE.
Status: in_force

22-2724. State agencies to cooperate. Agencies of this state which shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this chapter. The supervisors of such district shall be given free access to enter and perform work upon such publicly owned lands.

History:

[22-2724, added 1957, ch. 218, sec. 10, p. 476; am. 2010, ch. 279, sec. 9, p. 736.]
Idaho Code § 22-3810 — Idaho Code / Title 22 / Chapter 38 / Section 22-3810
22-3810 INSPECTION — LICENSE FEES.
Status: in_force

22-3810. Inspection — License fees. The commission shall have the power by its duly authorized agent or representative to enter upon the premises of any grower or dealer to examine any books, papers, records or memorandum bearing on the amount of assessments or license fees payable and to secure other information directly or indirectly concerned in the enforcement of this act. No person who is required to pay the assessments of license fees levied and imposed by this act shall by any practice or evasion make it difficult to enforce the provisions of this act by inspection, nor shall such person after demand by the commission or any agent or representative designated by it for that purpose, refuse to allow full inspection of the premises or any part thereof or any books, records, documents or other instruments in any way relative to the liability of such person for the assessment or license fee herein imposed nor shall such person hinder or in any manner delay or prevent such inspection.

History:

[22-3810, added 1969, ch. 49, sec. 10, p. 126.]
Idaho Code § 22-3306 — Idaho Code / Title 22 / Chapter 33 / Section 22-3306
22-3306 COMPENSATION OF MEMBERS.
Status: in_force

22-3306. Compensation of members. Members of the commission shall be compensated as provided by section 59-509(h), Idaho Code.

History:

[22-3306, added 1959, ch. 6, sec. 6, p. 13; am. 1980, ch. 247, sec. 15, p. 594; am. 1990, ch. 157, sec. 1, p. 343.]
Idaho Code § 22-2004 — Idaho Code / Title 22 / Chapter 20 / Section 22-2004
22-2004 DUTIES OF THE DEPARTMENT.
Status: in_force

22-2004. Duties of the department. The department may control and prevent, by such means as shall be prescribed and provided by law, rule, or by order of the department, all contagious, infectious and plant pests destructive to the state's agricultural, forestry or horticultural interests or to the state's general environmental quality.

History:

[22-2004, added 2002, ch. 89, sec. 2, p. 211.]
Idaho Code § 22-2020 — Idaho Code / Title 22 / Chapter 20 / Section 22-2020
22-2020 PENALTIES FOR VIOLATIONS.
Status: in_force

22-2020. Penalties for violations. (1) Any person who violates any provision of this chapter, or of the rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with the department, its agents or employees, in the execution, or on account of the execution of its or their duties under this chapter or rules promulgated hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than three thousand dollars ($3,000) or be imprisoned in a county jail for not more than twelve (12) months or be subject to both such fine and imprisonment.

(2) Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated hereunder may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney's fees.

(a) Assessment of a civil penalty may be made in conjunction with any other department administrative action.

(b) No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act.

(c) If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court.

(d) Any person against whom the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.

(e) All civil penalties collected pursuant to this section shall be remitted to the agricultural department inspection fund.

(3) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.

History:

[22-2020, added 2002, ch. 89, sec. 2, p. 223.]
Idaho Code § 22-2205 — Idaho Code / Title 22 / Chapter 22 / Section 22-2205
22-2205 PRODUCTS — REGISTRATION REQUIRED.
Status: in_force

22-2205. Products — Registration required. (1) Each separately identifiable soil amendment or plant amendment product shall be registered before being distributed in this state. The application for registration shall be submitted to the department on a form furnished by the department and shall be accompanied by a nonrefundable fee of ninety dollars ($90.00) per product and a label of each product, unless a current label is on file at the department. Companies planning to mix customer-formula soil amendments or plant amendments shall include the statement "customer-formula mixes" under the "products" column on the registration application form. Upon approval by the department, a certificate of registration shall be furnished to the applicant.

(2) In determining whether a label statement of an ingredient is appropriate, the department may require the submission of a written statement describing the method of laboratory analysis used, the source of all ingredient material, and any reference material relied on to support the label statement or guarantee of the ingredients.

(3) Upon receipt of a complete application for registration of a product, the department may test and analyze an official sample of the product to determine whether the contents of the official sample conform to the label. In his discretion, the director may also require an applicant for registration of a soil amendment or a plant amendment to submit any data concerning the efficacy or safety of the product for its intended use.

(4) Refusal to register, denial, suspension.

(a) If it appears to the director that composition of the soil amendment or plant amendment does not warrant the proposed claims for it, or if the soil amendment or plant amendment and its labeling or other material required to be submitted do not comply with this chapter or rules adopted under this chapter, the director shall notify the applicant of the manner in which the soil amendment or plant amendment labeling or other material required to be submitted fails to comply with this chapter so as to give the applicant an opportunity to make the necessary corrections. If the applicant does not make the required changes within ninety (90) days from the receipt of the notice, the director may refuse to register the soil amendment or plant amendment. The applicant may request a hearing as provided in the administrative procedure act, chapter 52, title 67, Idaho Code.

(b) When the director determines that a soil amendment or plant amendment or its labeling does not comply with this chapter or rules adopted under this chapter, or when necessary to prevent unreasonable adverse effects on the environment, the director may refuse to register or may suspend, revoke or modify the registration of the soil amendment or plant amendment in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code.

(5) Registrations are effective through the last day of the calendar year in which they are issued. If a registration is being renewed, the director may suspend the requirement that a soil amendment or plant amendment be analyzed if there is no material change in the label for the product.

(6) If the application for renewal of the soil amendment or plant amendment registration provided for in this section is not submitted by January 31, a penalty of ten dollars ($10.00) per product shall be assessed and added to the original fee. The applicant shall pay the penalty before the renewal soil amendment or plant amendment registration may be issued.

(7) Any waste-derived soil amendment or waste-derived plant amendment distributed as a single-ingredient product or blended with other soil amendments or plant amendment ingredients must be identified as "waste-derived soil amendment or plant amendment" by the applicant in the application for registration.

(8) An applicant applying to register a waste-derived soil amendment or plant amendment shall state in the application the concentration of metals or metalloids including, but not limited to, arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), and selenium (Se). The applicant shall provide a laboratory report or other documentation verifying the levels of the metals or metalloids in the waste-derived soil amendment or plant amendment.

(9) A distributor is not required to register a soil amendment or plant amendment product that is already registered under this chapter, as long as the label remains unchanged.

History:

[22-2205, added 2001, ch. 250, sec. 3, p. 906; am. 2022, ch. 27, sec. 5, p. 80.]
Idaho Code § 22-5125 — Idaho Code / Title 22 / Chapter 51 / Section 22-5125
22-5125 PROOF OF CLAIMS — PROCEDURE — HEARING.
Status: in_force

22-5125. Proof of claims — Procedure — Hearing. After the director has declared a failure, the department shall process the claims of producers having paid or owing assessments who: (a) produce written evidence of transfer together with the amounts of their unpaid claims, and (b) have "stored for withdrawal" and provide written evidence of deposit.

(1) The department shall give written notice to and provide a reasonable time of not less than thirty (30) days and not more than sixty (60) days for producers to file their written verified claims, including any written evidence, with the department.

(2) The department shall investigate each claim and prepare a staff report and recommendation as to the validity and amount of each claim. The department shall provide a copy of the staff report and recommendation to the seed indemnity fund advisory committee, and make available for review by the advisory committee any documentation upon which the department relied in preparing the staff report and recommendation. No later than two (2) weeks following issuance of the staff report and recommendation, the advisory committee shall provide the director with the committee's written comments regarding the staff report, recommendation and payment of claims from the fund.

(3) Following the receipt of the staff report, recommendation and the seed indemnity fund advisory committee's written comments, if any, the director shall issue a determination regarding the validity and amount of each claim.

(4) The director shall notify in writing each claimant, the seed buyer and the advisory committee of the department's determination as to the validity and amount of each claim. A claimant or seed buyer may request a hearing on the department's determination within twenty (20) days of receipt of written notification of the determination pursuant to chapter 52, title 67, Idaho Code. Upon determining the amount and validity of the claim, the director shall pay to the claimant an amount equal to ninety percent (90%) of the approved claim from the seed indemnity fund. Prior to any payment from the fund to a claimant, the claimant shall be required to subrogate and assign to the department his right to any recovery from any other source. The claimant shall be entitled to seek recovery of the remaining ten percent (10%), which was not assigned to the department. The procedure to determine the value of any claim will be established by rules.

(5) In the event of a shortage or inability to meet financial obligations, the department shall determine each producer's pro rata share of available seed crops and any deficiency shall be the claims of the producers. Each type of seed crop shall be treated separately for the purpose of determining shortages.

(6) The director shall not approve or pay any claim based on losses resulting from transactions with persons unlicensed pursuant to this chapter. The director shall not approve or pay any claim made on the seed indemnity fund if the claim is for the payment of interest, attorney's fees, ancillary costs, or punitive damages. The director shall not approve or pay any claim based on losses resulting from uninsurable perils.

(7) If a producer's claim reveals that the assessment has not been paid or collected, and the claim is otherwise valid, the amount of the assessment shall be deducted from the claim payment.

History:

[22-5125, added 2002, ch. 256, sec. 1, p. 745; am. 2010, ch. 100, sec. 5, p. 196; am. 2014, ch. 285, sec. 1, p. 723.]
Idaho Code § 22-1916 — Idaho Code / Title 22 / Chapter 19 / Section 22-1916
22-1916 HOLD HARMLESS.
Status: in_force

22-1916. Hold harmless. Any state or federal agency or contractor, its officers, agents and employees implementing or enforcing the provisions of this chapter shall be held harmless against all claims arising from the good faith enforcement and implementation of the provisions of this chapter and rules promulgated hereunder, in accordance with the Idaho tort claims act, chapter 9, title 6, Idaho Code.

History:

[22-1916, added 2008, ch. 387, sec. 1, p. 1066.]
Idaho Code § 22-3716 — Idaho Code / Title 22 / Chapter 37 / Section 22-3716
22-3716 PENALTY FOR VIOLATION.
Status: in_force

22-3716. Penalty for violation. Any person who violates or aids in violation of any provision of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300 or imprisonment not to exceed six (6) months, or both.

History:

[22-3716, added 1967, ch. 70, sec. 16, p. 157.]
Idaho Code § 22-1905A — Idaho Code / Title 22 / Chapter 19 / Section 22-1905A
22-1905A REQUIREMENTS FOR LAUNCH AND TRANSPORT OF CONVEYANCES.
Status: in_force

22-1905A. REQUIREMENTS FOR LAUNCH AND TRANSPORT OF CONVEYANCES. (1) Immediately upon removing a conveyance from any waters of this state or for transport of conveyances within the state, the operator shall remove all visible vegetation from the conveyance and drain all water from the conveyance, including but not limited to water in the hull, ballast tanks, bilges, live wells, and motors. All bilge and ballast plugs and other barriers that prevent water drainage from a conveyance shall be removed and remain open while a watercraft is transported by land within the state.

(2) Before launching a conveyance in Idaho, a nonresident vessel owner shall purchase an invasive species sticker pursuant to section 67-7008A, Idaho Code. Further, nonresident conveyances shall be inspected at a watercraft inspection station prior to launch.

History:

[22-1905A, added 2024, ch. 122, sec. 2, p. 508.]
Idaho Code § 22-2310 — Idaho Code / Title 22 / Chapter 23 / Section 22-2310
22-2310 SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE.
Status: in_force

22-2310. Suspension, revocation, or refusal of license. The department may suspend, revoke, or refuse to issue or renew the license of any person when it is satisfied that:

(1) The applicant or licensee has been guilty of fraud, deception, or misrepresentation in the procurement of a license; or

(2) The licensee was guilty of violating any of the provisions of this chapter.

History:

[(22-2310) added 1984, ch. 231, sec. 2, p. 557; am. and redesig. 1998, ch. 89, sec. 10, p. 310.]
Idaho Code § 22-1502 — Idaho Code / Title 22 / Chapter 15 / Section 22-1502
22-1502 COMPLIANCE REQUIRED WHERE CERTAIN PHRASES USED.
Status: in_force

22-1502. Compliance required where certain phrases used. Every person, firm, association or corporation who shall issue, use or circulate any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, written or printed representation or description of or pertaining to lots of seeds, tubers, plants or plant parts intended for propagation or sale, or sold or offered for sale wherein the words "Idaho State Certified," "State Certified," "Idaho Certified," or similar words or phrases are used or employed, or wherein are used or employed signs, symbols, maps, diagrams, picture words or phrases expressly or impliedly stating or representing that such seed, tubers, plants or plant parts comply with or conform to the standards and requirements approved by the Idaho agricultural experiment station in the college of agriculture of the university of Idaho shall be subject to the provisions of this chapter.

History:

[(22-1502) 22-1102, added 1990, ch. 413, sec. 2, p. 1144; am. and redesig. 2005, ch. 27, sec. 17, p. 92; am. 2020, ch. 80, sec. 1, p. 170.]
Idaho Code § 22-4505 — Idaho Code / Title 22 / Chapter 45 / Section 22-4505
22-4505 NUISANCE ACTIONS.
Status: in_force

22-4505. nuisance actions. (1) An agricultural operation, agricultural facility or expansion thereof shall not be found to be a nuisance under the circumstances described in section 22-4503, Idaho Code.

(2) An agricultural operation, agricultural facility or expansion thereof that is operated in accordance with generally recognized agricultural practices or in compliance with a state or federally issued permit shall not be found to be a public or private nuisance. The provisions of this subsection shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof.

(3) If a public or private nuisance claim or cause of action is filed against the owner or operator of an agricultural operation or the owner of the land on which the agricultural operation is conducted and the applicable court finds that the owner or operator is the prevailing party in the action because the agricultural operation was conducted in accordance with this chapter, then the owner or operator shall be entitled to receive its reasonable attorney's fees and costs from the non-prevailing party.

(4)(a) Any person who files or makes more than one (1) meritless complaint with the Idaho department of agriculture, the Idaho department of environmental quality, the Idaho department of lands, or any other state or local law enforcement agency against a specific agricultural operation within a two (2) year period from the date of the first complaint shall be subject to the following penalties:

(i) Filing or making a second meritless complaint within two (2) years shall be an infraction and subject to a one hundred fifty dollar ($150) fine.

(ii) Filing or making a third meritless complaint within two (2) years shall be an infraction and subject to a three hundred dollar ($300) fine.

(iii) Filing or making a fourth or subsequent meritless complaint within two (2) years shall be a misdemeanor.

(b) For the purposes of this subsection, "meritless complaint" means a complaint made or filed with the Idaho department of agriculture, the Idaho department of environmental quality, the Idaho department of lands, or any other state or local law enforcement agency alleging that an agricultural operation constitutes a public or private nuisance as described in this chapter when that agricultural operation was operating in compliance with this chapter at the time of the complaint.

History:

[22-4505, added 2011, ch. 229, sec. 4, p. 625; am. 2025, ch. 147, sec. 1, p. 730.]
Idaho Code § 22-5102 — Idaho Code / Title 22 / Chapter 51 / Section 22-5102
22-5102 DEFINITIONS.
Status: in_force

22-5102. Definitions. As used in this chapter:

(1) "Contract" means an agreement which may include, but is not limited to, those contracts commonly referred to as production, credit sale, bailment, deferred payment, deferred or price later contracts.

(2) "Delivery voucher" means a form, other than a receipt or scale weight ticket, authorized by rules of the department evidencing delivery of a producer's seed crop to a seed buyer.

(3) "Department" means the Idaho state department of agriculture.

(4) "Deposit for service" means the transfer of a seed crop to a seed buyer or a person not licensed under this chapter for the purpose of cleaning, mixing, conditioning or other services related to the seed crop, provided such services are not offered in conjunction with a stored for withdrawal agreement.

(5) "Director" means the director of the Idaho state department of agriculture.

(6) "Failure" means the date that one (1) or more of the following events occurred, as determined by the director:

(a) An inability to financially satisfy producers;

(b) A declaration of insolvency;

(c) A revocation of license and the leaving of an outstanding indebtedness to a producer;

(d) A failure to redeliver any seed crop stored for withdrawal or to pay producers for seed crop pursuant to the terms of an agreement; or

(e) A denial of the application for a license renewal.

(7) "Person" means any individual, firm, association, corporation, partnership or limited liability company.

(8) "Producer" means the owner, tenant or operator of land in this state who has an interest in the proceeds from the sale of seed crops grown on that same land. Producer does not include growers of seed crop who deposit their seed crop in a seed facility in which they have a financial or management interest, except members of a cooperative marketing association qualified under chapter 26, title 22, Idaho Code.

(9) "Production summary" means records that include, but are not limited to, the kind and type of seed crop, producer name and address, location and number of acres, clean seed per acre, value per pound and, when applicable, the contract number and lot identity.

(10) "Receipt" means a warehouse receipt.

(11) "Scale weight ticket" means a load slip, other than a receipt, given to a producer by a seed buyer for transfer of the seed crop to the seed buyer. Each scale weight ticket shall be sequentially numbered, shall be recorded in triplicate and shall set forth the following:

(a) Name and address of seed buyer;

(b) Date of weighing;

(c) Producer of seed crop weighed;

(d) Kind or variety of seed crop weighed;

(e) Gross delivery weight;

(f) Tare;

(g) Net delivery weight; and

(h) Full signature of weigher or name of supervisor of scale.

(12) "Seed buyer" means any person having a commercial operation, its agents and employees, together with its elevators, mills, buildings, or other structures who owes or has any financial obligation to the producer for seed crop grown by that producer and transferred to the seed buyer.

(13) "Seed crops" means any seed crop regulated by chapter 4, title 22, Idaho Code.

(14) "Seed facility" means:

(a) That portion of the commercial operation of a seed buyer where seed crop transferred to it from an unpaid producer is stored; or

(b) Where seed crop is stored for withdrawal.

(15) "Stored for withdrawal" means the deposit of seed crop with a seed facility by the producer for the subsequent withdrawal by that producer of the same seed crop or similar seed crop, as agreed to by the parties.

(16) "Transfer" means, unless otherwise defined by the parties in writing, the event when a producer or his agent delivers seed crop to the seed buyer who then gives the producer or his agent a scale weight ticket, receipt, or other written evidence of transfer.

(17) "Uninsurable peril" means an event or situation for which insurance coverage cannot be purchased, or for which premiums are economically prohibitive including, but not limited to, catastrophic destruction and damage that occurs gradually. Catastrophic destruction includes, but is not limited to, earthquakes, acts of terrorism and floods. Destruction that occurs gradually includes, but is not limited to, insect and rodent infestation, and mold.

(18) "Written evidence of transfer" means:

(a) A delivery voucher;

(b) A receipt; or

(c) A scale weight ticket.

History:

[22-5102, added 2002, ch. 256, sec. 1, p. 737; am. 2010, ch. 100, sec. 1, p. 192.]
Idaho Code § 22-3906 — Idaho Code / Title 22 / Chapter 39 / Section 22-3906
22-3906 ADMINISTRATIVE EXPENSES.
Status: in_force

22-3906. Administrative expenses. Any dealer or processor may deduct a sum not to exceed two percent (2%) of the total dues to be paid to an association for administrative expenses incurred by the payment of such dues under the assignment.

History:

[22-3906, added 1969, ch. 321, sec. 6, p. 745.]
Idaho Code § 22-1002 — Idaho Code / Title 22 / Chapter 10 / Section 22-1002
22-1002 DEFINITIONS.
Status: in_force

22-1002. definitions. (1) "Community gardening" means a single plot of land that is gardened collectively by a group of people. Community gardens can be further divided into single plots or maintained as one (1) large plot. Entities, including but not limited to schools, food pantries, and faith-based organizations, often host community gardens. City or county land bank properties as well as privately owned plots are used for community gardens.

(2) "Market gardening" means small scale production of agricultural products grown to sell through marketing channels such as farmers markets and community supported agriculture shares.

(3) "Urban farming" means farming that produces food crops for sale to others and can be larger in scale than market gardening. Urban farms may be organized as for-profit businesses operated by individuals or as nonprofit social enterprises designed to provide food to address food insecurity, provide vocational training, or address another community issue, typically at the neighborhood level. Urban farms operated as social enterprises are typically managed by nongovernmental organizations. Urban farming includes indoor controlled-environment production, including hydroponic and aquaponic systems.

(4) "Victory gardening" means producing food at one's residence primarily for household consumption or donation.

History:

[22-1002, added 2024, ch. 176, sec. 1, p. 662.]
Idaho Code § 22-101 — Idaho Code / Title 22 / Chapter 1 / Section 22-101
22-101 DEPARTMENT CREATED — APPOINTMENT OF DIRECTOR — RULES.
Status: in_force

22-101. Department created — Appointment of director — Rules. (1) There is hereby created the department of agriculture. The governor shall appoint a director of the department of agriculture, subject to the provisions of section 67-2404, Idaho Code. The director of the department of agriculture shall exercise all of the powers and duties necessary to carry out the proper administration of the department of agriculture. The department of agriculture shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of the state government.

(2) The director shall be a person who is qualified by training, knowledge and demonstrated ability or experience in agricultural pursuits and their management.

(3) The director is empowered to prescribe rules pursuant to law for the governance of the department.

(4) For the purposes of international trade, the director may use the title of secretary of the department.

History:

[22-101, added 1974, ch. 18, sec. 2, p. 364; am. 2000, ch. 144, sec. 1, p. 373.]
Idaho Code § 22-4909 — Idaho Code / Title 22 / Chapter 49 / Section 22-4909
22-4909 ENFORCEMENT.
Status: in_force

22-4909. Enforcement. (1) Informal administrative resolution of noncompliance. When the director identifies items of noncompliance at a beef cattle animal feeding operation, the deficiencies will be noted and appropriate corrective actions will be identified and scheduled informally. When corrective actions cannot be commenced within thirty (30) days and completed within a reasonable time, the director may negotiate a compliance order as specified in subsection (2)(b) of this section.

(2) (a) Administrative enforcement. Any beef cattle animal feeding operation not complying with the provisions of this act may be assessed a civil penalty by the director or his duly authorized agent in an administrative enforcement action by the issuance of a notice of noncompliance. The notice of noncompliance shall identify the alleged violation with specificity, shall specify each provision of the act or permit which has been violated, and shall state the amount of any civil penalty claimed for each violation and identify appropriate corrective action.

(b) The notice of noncompliance shall inform the person to whom it is directed of an opportunity to confer with the director or the director's designee in a compliance conference concerning the alleged violation. A compliance schedule must be requested within fifteen (15) days of receipt of the notice of noncompliance. The compliance conference shall provide an opportunity for the recipient of a notice of noncompliance to explain the circumstances of the alleged violation and, where appropriate, to present a proposal for remedying damage caused by the alleged violation and assuring future compliance. If the recipient and the director agree on a plan to remedy damage caused by the alleged noncompliance and to assure future compliance, they may enter into a compliance order formalizing their agreement. The compliance order may include a schedule to correct deficiencies and a provision providing for payment of any agreed civil penalty.

(c) A compliance order shall be effective immediately upon signing by both parties and shall preclude any civil enforcement action for the same alleged noncompliance. If a party does not comply with the terms of the compliance order, the director may seek and obtain, in any appropriate district court, specific performance of the compliance order and such other relief as authorized in this act.

(d) If the parties cannot reach agreement on a compliance order within sixty (60) days after the receipt of the notice of noncompliance, or if the recipient does not timely request a compliance conference under this section, the director may commence and prosecute a civil enforcement action in district court, in accordance with subsection (3) of this section.

(3) Civil enforcement. The director may initiate a civil enforcement action through the attorney general. Civil enforcement actions shall be commenced and prosecuted in the district court in and for the county in which the alleged violation occurred, and may be brought against any person who is alleged to have violated any provision of this act or any permit or order which has become effective pursuant to this act. Such action may be brought to compel compliance with any provision of this act or with any permit or order promulgated hereunder and for any relief or remedies authorized in this act. No civil or administrative proceeding may be brought to recover for a violation of any provision of this act or a violation of any permit or order issued pursuant to this act, more than two (2) years after the director had knowledge or ought reasonably to have had knowledge of the violation.

(4) Civil penalty. Any person determined in a civil enforcement action to have violated any provision of this act or any permit or order promulgated pursuant to this act shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) per violation or one thousand dollars ($1,000) for each day of a continuing violation. The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. Moneys collected for violations of this section or rules promulgated thereunder shall be deposited in the state treasury and credited to the state school building fund. The imposition or computation of monetary penalties shall take into account the seriousness of the violation, good faith efforts to comply with the law, the economic impact of the penalty on the violator, the economic benefit, if any, of the violation and such other matters as justice requires.

History:

[22-4909, added 2000, ch. 63, sec. 1, p. 142.]
Idaho Code § 22-2318 — Idaho Code / Title 22 / Chapter 23 / Section 22-2318
22-2318 KNOWINGLY SELLING, MOVING, OR STORING INFECTED OR INFESTED NURSERY OR FLORIST STOCK PROHIBITED — SEIZURE.
Status: in_force

22-2318. Knowingly selling, moving, or storing infected or infested nursery or florist stock prohibited — Seizure. (1) No person shall knowingly offer to sell nursery or florist stock that is infected or infested.

(2) Unless the nursery or florist stock is held for separation or treatment under the supervision of an officer, employee, or inspector of the department, no person shall advertise, display, transport, move, store, or warehouse nursery or florist stock that is infected or infested.

(3) Any infected or infested nursery or florist stock may be seized.

(a) As used in this section, "infected" means any appearance of a disease symptom or causal agent that may, in the opinion of the department, be a menace to other nursery or florist stock or any products or properties.

(b) As used in this section, "infested" means when the mature or immature form of any plant pest, including noxious weeds as defined by the department, is found in such numbers as, in the opinion of the department, to be a menace to other nursery or florist stock or any product or properties.

History:

[(22-2318) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 18, p. 312.]
Idaho Code § 22-4018 — Idaho Code / Title 22 / Chapter 40 / Section 22-4018
22-4018 PENALTIES.
Status: in_force

22-4018. Penalties. (1) Any person who shall violate or aid in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than three hundred dollars ($300) or imprisonment not to exceed ninety (90) days, or both. Fines collected for violation of the provisions of this chapter shall be paid into the Idaho barley commission account.

(2) Any person or firm who makes payment to the commission at a date later than that prescribed in section 22-4015, Idaho Code, shall be subject to a late payment penalty as set forth by the commission by rule and regulation. Such penalty shall not exceed the rate of fifteen percent (15%) per annum on the amount due.

History:

[22-4018, added 1988, ch. 194, sec. 1, p. 357.]
Idaho Code § 22-301 — Idaho Code / Title 22 / Chapter 3 / Section 22-301
22-301 FORMATION OF DISTRICTS.
Status: in_force

22-301. Formation of districts. Two (2) or more counties within the state may group themselves together and form a fair district. Petitions fully setting out their purpose, the number of counties to be included within the proposed district, and praying for the formation of such a district, bearing the signatures of not less than fifty-one per cent (51%) of the voters of each county, as based upon the total vote cast for governor at the last state election, shall be presented to the respective boards of county commissioners.

Upon receipt of such petition the clerk of each board shall give notice by publication for not less than two (2) weeks that petition has been filed and will be heard by the board at a day named, not less than three (3) nor more than six (6) weeks thereafter.

History:

[(22-301) 1925, ch. 131, sec. 1, p. 185; am. 1931, ch. 210, sec. 1, p. 404; I.C.A., sec. 22-301.]
Idaho Code § 22-4703 — Idaho Code / Title 22 / Chapter 47 / Section 22-4703
22-4703 DEFINITIONS.
Status: in_force

22-4703. Definitions. As used in this chapter, unless the context requires otherwise:

(1) "Commercial channels" means the sale of oilseeds for food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any person, public or private, who resells any oilseed or any product produced from oilseed.

(2) "Commission" means the Idaho oilseed commission.

(3) "Delivery" means placing of oilseed into the primary channels of trade.

(4) "First purchaser" means any person, partnership, association, corporation, cooperative, trust, estate, or any and all other business units, devices and arrangements that buy oilseed in this state in the first instance, or any lienholder, public or private, including the commodity credit corporation, who may possess oilseed from the grower under any lien.

(5) "Grower" means any landowner, or tenant of the landowner, personally engaged in growing oilseed, or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, estate, sharecropper, or any and all other business units, devices and arrangements.

(6) "Oilseed" means seeds produced for use as oil, meal, planting seed, condiment, or other industrial or chemurgic uses.

(7) "Sale" includes any pledge, mortgage, or delivery of oilseed for sale after harvest to any person, public or private.

(8) "Seller" means any person or entity, including growers, who sells oilseed in the first instance.

History:

[22-4703, added 1996, ch. 216, sec. 1, p. 704; am. 2007, ch. 60, sec. 4, p. 143.]
Idaho Code § 22-5107 — Idaho Code / Title 22 / Chapter 51 / Section 22-5107
22-5107 FEES.
Status: in_force

22-5107. Fees. (1) The department shall assess and collect a fee of one hundred dollars ($100) for each inspection of a licensee, which is done for the purpose of amending a seed buyer license.

(2) The department may assess and collect a fee of two hundred fifty dollars ($250) per day or fraction thereof for maintaining each employee of the department at a seed buyer's location to oversee the correction of a violation of the provisions of this chapter or department rules.

History:

[22-5107, added 2002, ch. 256, sec. 1, p. 740.]
Idaho Code § 22-5110 — Idaho Code / Title 22 / Chapter 51 / Section 22-5110
22-5110 VIOLATIONS — PENALTIES — DISCRETION OF DIRECTOR TO HANDLE ADMINISTRATIVELY.
Status: in_force

22-5110. Violations — Penalties — Discretion of director to handle administratively. (1) Any person who violates any provision of this chapter or the rules promulgated hereunder, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the director or his duly authorized representative in the performance of his duty in connection with the provisions of this chapter shall be guilty of a misdemeanor and be punished by imprisonment in a county jail not to exceed six (6) months, or by a fine of not more than one thousand dollars ($1,000), or by both.

(2) Any person operating as a seed buyer without a license or in any way representing, by actions or words, that they are so licensed when they are not, or any person who shall misrepresent, forge, alter, counterfeit or falsely represent a license as required by the provisions of this chapter shall be guilty of a felony and punished by imprisonment in the state prison for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or by both.

(3) Any person who shall issue, utter, or aid in the issuance or utterance or attempt to issue or utter a false or fraudulent receipt or scale weight ticket for any seed crop shall be guilty of a felony and punished by imprisonment in the state prison for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or by both.

(4) Any person violating any provision of this chapter, or rules promulgated under this chapter, may be assessed a civil penalty by the department equal to the loss for each offense or five hundred dollars ($500) a day for continuing violations. Persons against whom civil penalties are assessed shall be liable for the department's reasonable attorney's fees. Civil penalties may be assessed in conjunction with any other department administrative action. Moneys collected for violations of this section or rules promulgated under this section shall be deposited in the state treasury and credited to the seed indemnity fund.

(5) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action. The director shall maintain a record of any administrative action involving a seed buyer with that seed buyer's license file.

History:

[22-5110, added 2002, ch. 256, sec. 1, p. 740.]
Idaho Code § 22-2302 — Idaho Code / Title 22 / Chapter 23 / Section 22-2302
22-2302 DEFINITION OF TERMS.
Status: in_force

22-2302. Definition of terms. For the purpose of this chapter:

(1) The singular and plural forms of any word or term in this chapter shall be interchangeable and equivalent within the meaning of this chapter.

(2) "Agent" means any person only soliciting orders in this state for the purchase or sale of nursery or florist stock for any principal who is not licensed under this chapter.

(3) "Dealer":

(a) Means any person who deals in, sells, handles, consigns, or accepts on consignment, imports, stores, displays or advertises nursery or florist stock which he has not grown.

(b) The term does not include persons whose business is located out-of-state and who import and sell such nursery or florist stock not grown in Idaho into this state and who only solicit such nursery or florist stock sales through salesmen or representatives or by mail or advertisement. Such a person to be exempt as a dealer must not own, lease, control, or maintain buildings, warehouses or any location or place in Idaho in which or through which such nursery or florist stock is stored, sold, offered for sale, or held for sale or delivered therefrom. The nursery or florist stock must be shipped direct from the out-of-state location or place of business to the grower, wholesaler, retailer, or ultimate consumer or user in Idaho.

(4) "Department" means the Idaho department of agriculture.

(5) "Director" means the director of the Idaho department of agriculture.

(6) "Florist stock" shall include all cut flowers, foliage and ferns, all potted plants or cuttings or bedding plants, and all flowering bulbs and rooted herbaceous plants used for ornamental or decorative purposes and all corms, whether grown in boxes, benches, pots, under glass or other artificial covering, or in the field or open ground or cuttings therefrom.

(7) "Grower" means any person who grows nursery stock.

(8) "Landscape contractor" shall be construed as applying to any person or persons engaged in landscaping property for which he, she, or they will furnish the plants, trees, or shrubs either from his, her, or their own nurseries or by purchase or on contract from other nurseries.

(9) "Not regularly engaged in the business" shall be construed to mean sales of nursery and/or florist stock incident to farming and gardening operations by persons who do not display such nursery and/or florist stock for sale by use of signboards, placards, newspapers, radio, or other circulation medium.

(10) "Nursery and/or floral shop" shall be construed to mean any grounds, buildings, greenhouses, or premises either privately or publicly owned on or in which nursery stock or florist stock is propagated or grown for sale, either at the present or at some future time; or any grounds, buildings, greenhouses, vehicles, or premises on or in which nursery or florist stock is being stored, packed, or offered for sale.

(11) "Nursery stock" includes all botanically classified plants or any part thereof, such as aquatic or herbaceous plants, bulbs, sod, buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamental trees, and shrubs, berry plants, and all trees, shrubs, vines, and plants collected in the wild that are grown or kept for propagation or sale. The term does not include field and forage crops, seeds of grasses, cereal grains, vegetable crops and flowers, bulbs and tubers of vegetable crops, vegetables or fruit used for food or feed, cut trees or cut flowers unless stems or other portions thereof are intended for propagation.

(12) "Nurseryman or florist" shall be construed to mean the person who owns, leases, manages, or is in charge of a nursery or flower shop or grows nursery or florist stock on shares or on contract.

(13) "Person" includes, but is not limited to, any individual, partnership, corporation, company, firm, society, association, organization, government agency, or any other entity.

(14) "Pest" means any biotic agent (any living agent capable of reproducing itself) or any of the following that is known to cause damage or harm to the production of agricultural crops or the environment:

(a) Any infectious, transmissible or contagious disease of any plant; or any disorder of any plant which manifests symptoms or behavior which, after investigation, is found and determined by a duly constituted federal, state or local pest prevention agency, to be characteristic of an infectious, transmissible or contagious disease.

(b) Any form of animal life.

(c) Any form of plant life, including noxious weeds as defined and listed in chapter 4, title 22, Idaho Code, and chapter 24, title 22, Idaho Code, and rules promulgated thereunder.

(15) "Sell" or "sale" means to offer, expose, or hold for sale, have for the purpose of sale, or to solicit orders for sale or to deliver, distribute, exchange, furnish, or supply.

(16) "Wholesale" means a sale in quantity to one who intends to resell; selling to retailers or contractors rather than consumers.

History:

[(22-2302) added 1984, ch. 231, sec. 2, p. 554; am. and redesig. 1998, ch. 89, sec. 2, p. 305.]
Idaho Code § 22-2322 — Idaho Code / Title 22 / Chapter 23 / Section 22-2322
22-2322 RECIPROCITY.
Status: in_force

22-2322. Reciprocity. The department will honor the nursery and florist license of a company doing business in, but not physically located in or having an agent in the state, provided that the license is issued by the appropriate regulatory authority in the state of origin, and that authority accepts the licenses issued by the Idaho department of agriculture for Idaho companies doing business in the same manner within that state.

History:

[22-2322, added 1998, ch. 89, sec. 22, p. 314.]
Idaho Code § 22-3509 — Idaho Code / Title 22 / Chapter 35 / Section 22-3509
22-3509 MEETINGS OF COMMISSION — QUORUM.
Status: in_force

22-3509. Meetings of commission — Quorum. The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman. The chairman may call special meetings of the commission at any time or place after having given five (5) days' written notice except by unanimous consent of all members of the commission. A majority of the commission members shall constitute a quorum for all business.

History:

[22-3509, added 1965, ch. 106, sec. 9, p. 192.]
Idaho Code § 22-2301 — Idaho Code / Title 22 / Chapter 23 / Section 22-2301
22-2301 STATEMENT OF PURPOSE.
Status: in_force

22-2301. Statement of purpose. The legislature and the Idaho nursery and florist industry find and declare that the propagation and raising of nursery and florist stock is an agricultural pursuit that should be regulated and assisted by the department of agriculture to provide a high quality and pest free product to the citizens of Idaho and Idaho's external trading partners. A nursery and floral services program shall be maintained within the department for the purpose of carrying out and enforcing the provisions of this chapter.

History:

[22-2301, added 1998, ch. 89, sec. 1, p. 305.]
Idaho Code § 22-3609 — Idaho Code / Title 22 / Chapter 36 / Section 22-3609
22-3609 STATE NOT LIABLE.
Status: in_force

22-3609. State not liable. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof, or any officer, agent or employee thereof.

History:

[22-3609, added 1966 (2nd E.S.), ch. 17, sec. 9, p. 39.]
Idaho Code § 22-701 — Idaho Code / Title 22 / Chapter 7 / Section 22-701
22-701 FARM MARKETING SUBJECT TO STATE REGULATION — FARM PRODUCTS DEFINED.
Status: in_force

22-701. Farm marketing subject to state regulation — Farm products defined. The business of marketing farm products in this state is hereby declared to be affected with a public interest and to be subject to regulation and control by the state. The term "farm products" within the meaning of this section shall be deemed to mean all products, except livestock, grown in garden, on farm, ranch, or orchard, including poultry and poultry products, butter, cream, cheese and all other dairy products.

History:

[(22-701) 1917, ch. 24, sec. 1k, p. 64; compiled and reen. C.L. 79:10; C.S., sec. 2031; am. 1923, ch. 50, sec. 1, p. 57; I.C.A., sec. 22-701.]
Idaho Code § 22-3701 — Idaho Code / Title 22 / Chapter 37 / Section 22-3701
22-3701 POLICY AND PURPOSE.
Status: in_force

22-3701. Policy and purpose. It is to the best interests of all the people of the state of Idaho that the abundant and natural resources of Idaho be protected, fully developed and uniformly distributed. It is in the public interest and within the exercise of the police power of the state to protect the public health; prevent fraudulent practices; provide the means for the development of markets; production research; and new product development and promotion of the cherry industry. Cherries as used in this chapter means Idaho sweet cherries.

History:

[22-3701, added 1967, ch. 70, sec. 1, p. 157; am. 2015, ch. 156, sec. 1, p. 545.]
Idaho Code § 22-5121 — Idaho Code / Title 22 / Chapter 51 / Section 22-5121
22-5121 ASSESSMENTS.
Status: in_force

22-5121. Assessments. Every producer shall pay an assessment for deposit in the seed indemnity fund according to the provisions of this chapter and rules promulgated by the department. A delivery of seed crop between producers, none of whom are seed buyers, is exempt from the collection and payment of assessments. Assessments shall be collected on the gross dollar amount, without any deduction, owed to, or paid, or to be paid, on behalf of the producer of the seed crop.

(1) The initial rate of the assessment shall be five-tenths of one percent (.5%). Changes in the rate will be established by criteria in the rules of the department. However, the producer's annual assessment shall not exceed five-tenths of one percent (.5%).

(2) If seed crop is stored for withdrawal, the assessment shall not exceed one-half cent (1/2¢) per pound, based on clean weight or, if not available, estimated clean weight, per twelve (12) month period, payable at time of withdrawal.

(3) There are no indemnity fund assessments on seed crops deposited for service.

History:

[22-5121, added 2002, ch. 256, sec. 1, p. 744; am. 2010, ch. 100, sec. 4, p. 196.]
Idaho Code § 22-1506 — Idaho Code / Title 22 / Chapter 15 / Section 22-1506
22-1506 FEES CHARGED BY CERTIFYING AGENCY.
Status: in_force

22-1506. Fees charged by certifying agency. Fees may be charged by the certifying agency, under schedules set forth in standards, requirements, and procedures for certification of seeds, tubers, plants, and plant parts under this chapter, but these fees shall have a reasonable relation to the cost and may be used only for expenses in connection with certification and improvement of certification services.

History:

[(22-1506) 22-1106, added 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 2005, ch. 25, sec. 19, p. 93; am. 2020, ch. 80, sec. 5, p. 172.]
Idaho Code § 22-2216 — Idaho Code / Title 22 / Chapter 22 / Section 22-2216
22-2216 PUBLICATION OF INFORMATION.
Status: in_force

22-2216. Publication of information. The department shall publish the following information at least annually and in a form it deems proper: the total tonnage of soil amendments and plant amendments distributed; the total number of official samples analyzed and the number of deficient official samples analyzed; and any other information the department deems fit.

History:

[22-2216, added 2001, ch. 250, sec. 3, p. 912.]
Idaho Code § 22-3508 — Idaho Code / Title 22 / Chapter 35 / Section 22-3508
22-3508 CHAIRMAN AND ADMINISTRATOR OF COMMISSION.
Status: in_force

22-3508. Chairman and administrator of commission. The commission shall elect a chairman and shall employ such administration as is necessary, including, but not limited to full-time or part-time administrator.

History:

[22-3508, added 1965, ch. 106, sec. 8, p. 192.]
Idaho Code § 22-2723 — Idaho Code / Title 22 / Chapter 27 / Section 22-2723
22-2723 COOPERATION BETWEEN DISTRICTS.
Status: in_force

22-2723. Cooperation between districts. The supervisors of any two (2) or more districts may cooperate with one another in the exercise of any or all powers conferred in this chapter.

History:

[22-2723, added 1957, ch. 218, sec. 9, p. 476; am. 2010, ch. 279, sec. 8, p. 736.]
Idaho Code § 22-2014 — Idaho Code / Title 22 / Chapter 20 / Section 22-2014
22-2014 REPEAL OF QUARANTINES.
Status: in_force

22-2014. Repeal of quarantines. The director, by and with the approval of the governor, may repeal a quarantine when its purposes have been accomplished, or if the progress of events has clearly proved that the desired end is not possible to attain by the restrictions adopted. The quarantine shall be promptly reconsidered, either with a review or repeal or with intent of substituting other measures. Before any such repeal of a quarantine shall become effective, the same shall be approved by the governor and shall be signed in duplicate by him, and one (1) copy thereof shall be filed in the office of the secretary of state and the other in the office of the director. Quarantine rules issued under this chapter must be repealed in accordance with chapter 52, title 67, Idaho Code.

History:

[22-2014, added 2002, ch. 89, sec. 2, p. 221.]
Idaho Code § 22-5404 — Idaho Code / Title 22 / Chapter 54 / Section 22-5404
22-5404 ADMINISTRATION — ENFORCEMENT — RULES AND COOPERATION.
Status: in_force

22-5404. ADMINISTRATION — ENFORCEMENT — RULES AND COOPERATION. (1) The department is authorized to administer and enforce this chapter. The authority granted to the department under this chapter is in addition to, and not in lieu of, any other lawful authority granted to the department under state or federal law to administer and enforce requirements related to food safety. The director is authorized, in conformance with chapter 52, title 67, Idaho Code, to promulgate rules necessary to administer the purpose and provisions of this chapter.

(2) The director shall administer and enforce the produce safety rule with moneys appropriated to the department by the federal government for the purpose of administering and enforcing the produce safety rule. Provided however, if the federal government does not appropriate moneys for this purpose or if the produce safety rule or its authorizing statute is repealed or made void, the director will cease enforcing the produce safety rule, this chapter and the rules promulgated under this chapter. Any exemption made to the requirements of the produce safety rule will also apply to this chapter and the rules promulgated under this chapter.

(3) The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, private associations, and regulated persons and entities in order to carry out the purpose and provisions of this chapter.

History:

[22-5404, added 2018, ch. 216, sec. 2, p. 487.]
Idaho Code § 22-1704 — Idaho Code / Title 22 / Chapter 17 / Section 22-1704
22-1704 STATE PLAN.
Status: in_force

22-1704. STATE PLAN. The director must prepare and submit a state plan as expeditiously as possible, but no later than September 1, 2021, to the secretary of agriculture in compliance with the 2018 farm bill and the rules promulgated thereunder. The state plan must be created in consultation with the governor, the director of the Idaho state police, and Idaho's agricultural industry and must allow for the production, processing, transportation, and research of industrial hemp in Idaho to the greatest extent allowed under federal law.

History:

[22-1704, added 2021, ch. 242, sec. 1, p. 737.]
Idaho Code § 22-2015 — Idaho Code / Title 22 / Chapter 20 / Section 22-2015
22-2015 LISTING OF REGULATED NONQUARANTINE PESTS AND RESTRICTIONS BY RULES.
Status: in_force

22-2015. Listing of regulated nonquarantine pests and restrictions by rules. The director may promulgate rules listing regulated nonquarantine pests and specify restrictions for specific plant pests with a specified economically unacceptable impact to Idaho agriculture.

History:

[22-2015, added 2002, ch. 89, sec. 2, p. 221.]
Idaho Code § 22-4007 — Idaho Code / Title 22 / Chapter 40 / Section 22-4007
22-4007 CHAIRMAN AND ADMINISTRATOR OF COMMISSION.
Status: in_force

22-4007. Chairman and administrator of commission. The commission shall elect one of the governor's appointed members as chairman and may employ an administrator who is not a member of the commission, or may contract with the Idaho wheat commission or a similar agency for the administration of the barley commission's business.

History:

[22-4007, added 1988, ch. 194, sec. 1, p. 353.]
Idaho Code § 22-3106 — Idaho Code / Title 22 / Chapter 31 / Section 22-3106
22-3106 MARKINGS REQUIRED.
Status: in_force

22-3106. Markings required. In addition to any other brands, labels, stencils, or other marks approved by the commission to be placed upon hops, all hops shall be branded, labeled, stenciled or marked with one (1) identifying distinctive mark defined or designated by the commission which shall identify the hops as having been grown in Idaho. This identifying distinctive mark shall be affixed in such position and manner as the commission may by rule or regulation prescribe to each container of hops or bale at the time such hops are first handled in the primary channels of trade by the person who first handled such hops in the primary channels of trade. No person shall brand, label, stencil or mark any hops, except hops as defined in this act, with such identifying distinctive mark defined or designated by the commission as herein provided.

History:

[22-3106, added 1955, ch. 224, sec. 6, p. 489; am. 1963, ch. 335, sec. 3, p. 959.]
Idaho Code § 22-5126 — Idaho Code / Title 22 / Chapter 51 / Section 22-5126
22-5126 FAILURE TO FILE — LOSS OF CLAIM ON FUND.
Status: in_force

22-5126. Failure to file — Loss of claim on fund. No claim shall be paid from the fund to a producer who refuses or neglects to file a verified claim against a seed buyer:

(1) Within ninety (90) days from the date prescribed in the "notice of failure," or within the time limits of section 22-5125(1), Idaho Code, whichever is later; or

(2) If the claim is filed more than two (2) years from the date of transfer. Claims for seed crops used for lawns, turf and land reclamation including, but not limited to, bluegrass, ryegrass, native grasses, sagebrush and other native and nonnative shrubs, may not exceed two (2) years from the date of transfer or the date of sale, whichever occurs later.

History:

[22-5126, added 2002, ch. 256, sec. 1, p. 746; am. 2011, ch. 173, sec. 2, p. 495.]
Idaho Code § 22-1906 — Idaho Code / Title 22 / Chapter 19 / Section 22-1906
22-1906 DUTIES OF THE DEPARTMENT AND DIRECTOR.
Status: in_force

22-1906. Duties of the department and director. The department may prevent and control, by such means as shall be prescribed and provided by law, rule or by order of the department, all invasive species that may cause economic or environmental harm to the state. The director shall:

(1) After due investigation, report the detection of new invasive species within the state to the appropriate state and federal officials;

(2) Issue permits for the transport or possession of an invasive species into, within or through the state of Idaho. Permits shall include requirements to ensure the containment of that species, as may be prescribed in rule.

These duties shall not usurp existing provisions of the Idaho Code, programs that deal with invasive species issues, or the individual missions of any state agency or duplicate efforts existing upon passage of this act.

History:

[22-1906, added 2008, ch. 387, sec. 1, p. 1063.]
Idaho Code § 22-2224 — Idaho Code / Title 22 / Chapter 22 / Section 22-2224
22-2224 SEVERABILITY.
Status: in_force

22-2224. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not effect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

History:

[22-2224, added 2001, ch. 250, sec. 3, p. 915.]
Idaho Code § 22-3304 — Idaho Code / Title 22 / Chapter 33 / Section 22-3304
22-3304 QUALIFICATION OF MEMBERS.
Status: in_force

22-3304. Qualification of members. (1) Members of the commission shall be selected and appointed because of their ability and disposition to serve the state's interest and for knowledge of the state's natural resources. Members shall be citizens over twenty-five (25) years of age, residents of the state who have been actually engaged in growing wheat in this state for at least five (5) years, and who derive a substantial portion of their income from growing wheat in the state of Idaho.

(2) There shall be one (1) member from each of the five (5) districts described hereinafter:

District 1. The six (6) northern counties: Boundary, Bonner, Kootenai, Benewah, Latah and Shoshone.

District 2. Nez Perce, Lewis, Idaho, Adams, Washington, Payette, Gem, Boise, Valley and Clearwater Counties.

District 3. Canyon, Owyhee, Ada, Elmore, Camas, Gooding, Twin Falls, Blaine, Lincoln, Jerome, Minidoka and Cassia Counties.

District 4. Lemhi, Custer, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bingham and Bonneville Counties.

District 5. Power, Bannock, Caribou, Oneida, Franklin and Bear Lake Counties.

History:

[22-3304, added 1959, ch. 6, sec. 4, p. 13; am. 2012, ch. 77, sec. 3, p. 223.]
Idaho Code § 22-2324 — Idaho Code / Title 22 / Chapter 23 / Section 22-2324
22-2324 VIOLATION.
Status: in_force

22-2324. Violation. (1) Any person who shall violate or fail to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor.

(2) Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than five hundred dollars ($500) for each offense and shall be liable for reasonable attorney's fees. Assessment of a civil penalty may be made in conjunction with any other administrative action of the department. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected pursuant to this section shall be remitted to the agricultural inspection account.

(3) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.

History:

[(22-2324) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 24, p. 314.]
Idaho Code § 22-704 — Idaho Code / Title 22 / Chapter 7 / Section 22-704
22-704 INSPECTORS — APPOINTMENT — SUSPENSION OR REMOVAL.
Status: in_force

22-704. Inspectors — Appointment — Suspension or removal. Upon application of any owner or person, firm, corporation or association in charge of farm products, the department of agriculture is authorized to appoint, license or designate persons to inspect and classify such farm products and to certify as to the grade or other classification thereof, in accordance with the standards made effective under this chapter, and shall fix, assess and collect or cause to be collected the fees for such services. Whenever, after opportunity for a hearing is afforded to any person appointed, licensed or designated under this section, it is determined by the department that such person has failed to classify farm products correctly, in accordance with the standards established therefor under this chapter, or has violated any provision of this chapter or of the rules and regulations made hereunder, the department may suspend or revoke the appointment, license or designation of such person. Pending investigation, the department may suspend or revoke any such appointment, license or designation temporarily without hearing.

History:

[(22-704) 1917, ch. 24, sec. 1n, p. 65; reen. C.L. 79:13; C.S., sec. 2034; I.C.A., sec. 22-704.]
Idaho Code § 22-1103 — Idaho Code / Title 22 / Chapter 11 / Section 22-1103
22-1103 ADMINISTRATION AND ENFORCEMENT — RULES — ANNUAL LIST DISTRIBUTION.
Status: in_force

22-1103. Administration and enforcement — Rules — Annual list distribution. (1) The administration and enforcement of the provisions of this chapter shall be under the director. The director is authorized, in conformance with chapter 52, title 67, Idaho Code, to promulgate rules concerning, but not limited to:

(a) Standards for agricultural crops and livestock produced for sale as organically grown food products.

(b) Records required of organically grown food products producers.

(c) The number of on-site inspections, announced and unannounced.

(d) Chemical residue analysis of organically grown food products and fees for conducting such analysis.

(e) Certification of private laboratories to conduct chemical residue analyses.

(f) Standards that a producer must meet to be recognized as a producer under the provisions of this chapter.

(g) Development and distribution of the organic certification seal and standards for its application for use on Idaho organically grown food products.

(h) Development and implementation of labeling standards.

(i) Rules establishing organic standards for poultry and poultry products, livestock and livestock products, milk and dairy products or aquaculture products, which will be promulgated in consultation with the appropriate agricultural or commodity organizations as determined by the director. No pending or temporary rule adopted by the department shall become final and effective before the conclusion of the regular or special legislative session at which the rule was submitted for review pursuant to sections 67-5224 and 67-5291, Idaho Code.

(j) Standards for health care and medical treatment for livestock qualifying as organically grown food products and for the prevention and control of infections or communicable diseases among such livestock.

(k) Standards for prohibitions against denial of health care for or medical treatment of livestock in order to obtain or retain organic certification.

(2) An annual list of all certified organic producers, handlers and vendors shall be distributed to state regulatory authorities, and to other persons upon request.

History:

[22-1103, added 1990, ch. 145, sec. 1, p. 326; am. 1992, ch. 314, sec. 2, p. 936; am. 1999, ch. 136, secs. 3 & 4, p. 385 and 386; am. 2000, ch. 190, secs. 1 & 2, p. 470 and 471; am. 2001, ch. 75, sec. 3, p. 182; am. 2011, ch. 50, sec. 1, p. 114.]
Idaho Code § 22-3112 — Idaho Code / Title 22 / Chapter 31 / Section 22-3112
22-3112 DISPOSITION OF RECEIPTS — USE OF MONEYS BY COMMISSION — TRANSFER OF FUND.
Status: in_force

22-3112. Disposition of receipts — Use of moneys by commission — Transfer of fund. 1. As soon as possible after receipt, all moneys received by the commission from the assessment levied under section 22-3107, Idaho Code, and all other moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such accounts and such banks or trust companies. All funds so deposited in said institutions are hereby appropriated for the purpose of carrying out the provisions of this act.

2. (a) No moneys shall be withdrawn from or paid out of such accounts except upon order of the commission, and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates and countersigned by such other member, officer or employee of the commission as the commission designates. A receipt, voucher or other written record, showing clearly the nature and items covered by each check or other order, shall be kept.

(b) All moneys referred to in subsection 1 of this section shall be used by the commission only for the payment of expenses of the commission in carrying out the powers conferred on the commission.

3. Funds presently held by the state of Idaho in the Idaho hop grower's commission fund shall be, and hereby are, transferred therefrom to the depository or depositories selected under this act by the commission, and the treasurer of the state of Idaho is hereby directed to transfer such funds.

4. The right is reserved to the state of Idaho to audit all funds of the commission at any time.

History:

[I.C., sec. 22-3112, reen. 1967, ch. 216, sec. 8, p. 650.]
Idaho Code § 22-1207 — Idaho Code / Title 22 / Chapter 12 / Section 22-1207
22-1207 POWERS AND DUTIES OF COMMISSION.
Status: in_force

22-1207. Powers and duties of commission. The powers and duties of the commission shall include the following:

(1) To adopt and from time to time alter, rescind, modify and/or amend all proper and necessary rules and orders for the exercise of its powers and the performance of its duties under this chapter.

(2) To contract and be contracted with.

(3) To employ and at its pleasure discharge agents, personnel, and such other help as it deems necessary and to outline their powers and duties and fix their compensation.

(4) To make in the name of the commission such agreements as may be necessary.

(5) To keep books, records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller at all times.

(6) To purchase or authorize the purchase of all office equipment and supplies and to incur all other reasonable and necessary expenses and obligations in connection with and required for the proper carrying out of the provisions of this chapter.

(7) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state, or the United States government, engaged in work or activity similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education, product protection, promotion and reciprocal enforcement of these objectives.

(8) To investigate and prosecute in the name of the state of Idaho violations of this chapter or any suit or action for the collection of fees, taxes or penalties as hereinafter provided, or to protect brands, marks, packages, brand names, trademarks, certification marks or other intellectual property rights being promoted or used by the commission.

(9) To lease, purchase or own the real or personal property deemed necessary in the administration of this chapter.

(10) To define and describe such grade or grades of potatoes in accordance with the provisions of this chapter.

(11) To define and designate the character of the brands, labels, stencils, or other distinctive marks under which said potatoes may be promoted in order to secure the greatest returns to producers.

(12) To devise and require the application of either a seal, label, brand, package, or any other suitable device that will protect the identity of the original Idaho pack of potatoes as near to the final consumer as possible.

(13) Whenever and wherever it deems it to be necessary the commission shall use its offices to prevent any substitution of other potatoes for Idaho potatoes and to prevent the misrepresentation, mislabeling or the misbranding of Idaho potatoes at any and all times at any and all points where they discover the same is being done and to require the disclosure of the growing area of origin upon potato containers by all persons doing business in the state of Idaho.

(14) To require all those using any of the Idaho potato trade or certification marks, or handling or packing potatoes grown in Idaho, to execute an agreement in the form prescribed by the commission to ensure compliance with the provisions of this chapter.

(15) To devise a suitable system for tracking shipments of Idaho potatoes and Idaho potato products to prevent the misrepresentation, mislabeling or the misbranding of Idaho potatoes.

(16) To prevent the unlicensed use of the Idaho potato trade or certification marks including, but not limited to, the marks "Grown in Idaho," "Famous Idaho Potatoes" and "Idaho Potatoes."

(17) To make, conduct or carry on studies and research in connection with the raising, production and promotion of potatoes, including study and research dealing with the industrial and other uses of potatoes and their byproducts, and the extension and stabilization of markets for such commodities; to disseminate information with respect to such study and research as a part of the commission's promotional activities authorized by this chapter and to assist, aid and educate growers, dealers and handlers in the raising, production and promotion of potatoes.

(18) To require all persons with their principal place of business located in the state of Idaho to pay a one hundred dollar ($100) annual license fee for use of any Idaho potato trade or certification mark and to require all persons with their principal place of business located outside of the state of Idaho to pay a three hundred dollar ($300) annual license fee for use of any Idaho potato trade or certification mark.

For the accomplishment of such ends the commission is hereby empowered to employ the necessary persons or contract for the performance of required services; to cooperate with any organization of growers in this state, whether organized by authority of law or voluntary, engaged in carrying on similar activities and to participate jointly with any such organization, by contract or otherwise, in financing such study and research or paying for the employment of persons or services required or in carrying out projects and programs as herein contemplated; provided, however, expenditures authorized by the commission for the purposes herein mentioned shall not exceed an amount equal to twelve and one-half percent (12 1/2%) of the tax collected on potatoes levied and imposed pursuant to section 22-1211, Idaho Code.

Provided, further, that none of the powers specified in subsection (17) of this section shall be exercised, and no expenditure of revenue as provided in subsection (17) of this section shall be authorized except upon the affirmative vote of six (6) or more of the members of the commission.

(19) The commission, in furtherance of its duties under this chapter and under its rules, shall have the power to administer oaths, certify to official acts and to issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony. The commission may, if a witness refuses to attend or testify, or to produce any papers required by such subpoenas, report to the district court in and for the county in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witnesses, or the production of said papers, that the witness has been properly summoned, and that the witness has failed and refused to attend or produce the papers required by this subpoena before the commission, or has refused to answer questions propounded to him in the course of said proceedings, and ask an order of said court compelling the witness to attend and testify and produce said papers before the commission. The court, upon the petition of the commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten (10) days from the date of the order, and then and there shall show cause why he had not attended and testified or produced said papers before the commission. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission and regularly served, the court shall thereupon order that said witness appear before the commission at the time and place fixed in said order, and testify or produce the required papers. Upon failure to obey said order, said witness shall be dealt with for contempt of court. Provided that in proceedings before the commission where evidence is sought from witnesses who are not residents of this state, the commission is authorized to obtain subpoenas issued by the clerk of the district court. Subpoenas so requested shall be issued by the clerk of the district court under the seal of the court, shall state the name of the court and the title of the administrative action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. Subpoenas shall be used only to require attendance of a witness at a deposition or hearing. The clerk shall issue a subpoena or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service.

History:

[22-1207, added 1939, ch. 172, sec. 7, p. 312; am. 1955, ch. 156, sec. 1, p. 304; am. 1961, ch. 316, sec. 4, p. 603; am. 1967, ch. 297, sec. 1, p. 847; am. 1969, ch. 213, sec. 5, p. 614; am. 1972, ch. 399, sec. 1, p. 1160; am. 1981, ch. 310, sec. 1, p. 651; am. 1985, ch. 109, sec. 3, p. 214; am. 1993, ch. 211, sec. 1, p. 572; am. 1994, ch. 48, sec. 3, p. 79; am. 1994, ch. 180, sec. 15, p. 430; am. 1997, ch. 308, sec. 1, p. 913; am. 1998, ch. 25, sec. 2, p. 140; am. 2004, ch. 188, sec. 3, p. 583.]
Idaho Code § 22-3809 — Idaho Code / Title 22 / Chapter 38 / Section 22-3809
22-3809 PENALTY FOR DEFAULTS.
Status: in_force

22-3809. Penalty for defaults. Any grower or dealer who fails to make collection or to file a return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five percent (5%) of the amount of the assessment determined to be due, as provided in this act, plus one percent (1%) of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such assessment became due. The commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and disposed of as provided with respect to moneys derived from the assessments levied and imposed by this act.

History:

[22-3809, added 1969, ch. 49, sec. 9, p. 126.]
Idaho Code § 22-4718 — Idaho Code / Title 22 / Chapter 47 / Section 22-4718
22-4718 REFERENDUM.
Status: in_force

22-4718. Referendum. (1) During the period ending thirty (30) months after July 1, 1996, the commission shall conduct a referendum among sellers who, during a representative period as determined by the rules of the commission, have sold oilseed for the purpose of ascertaining whether the commission shall continue.

(2) Notice shall be given to sellers eligible to vote in the referendum in accordance with rules established by the commission.

(3) If a majority of the eligible sellers approve, the commission will be continued and the refund provisions will be terminated.

(4) If a majority of eligible sellers do not approve to continue the commission, collection of the tax under this chapter shall be terminated.

(5) If a majority of the eligible sellers approve of continuing the commission in the original referendum, at intervals of five (5) years, the commission shall conduct an advisory poll of qualified sellers as to the effectiveness and continuation of the commission.

History:

[22-4718, added 1996, ch. 216, sec. 1, p. 709; am. 2007, ch. 60, sec. 12, p. 147.]
Idaho Code § 22-1201 — Idaho Code / Title 22 / Chapter 12 / Section 22-1201
22-1201 LEGISLATIVE INTENT.
Status: in_force

22-1201. Legislative intent. It is in the best interest of all the people of the state of Idaho that the abundant natural resources of Idaho be protected, fully developed, and uniformly distributed. The potato industry is one of the agricultural industries that contributes to the economic welfare of the state. It is the purpose of this chapter to promote the public health and welfare of the citizens of the state by providing means for the protection, promotion, study, research, analysis and development of markets relating to the growing and promotion of Idaho potato products and byproducts.

History:

[22-1201, added 2004, ch. 188, sec. 2, p. 583.]
Idaho Code § 22-418 — Idaho Code / Title 22 / Chapter 4 / Section 22-418
22-418 DUTIES AND AUTHORITY OF DIRECTOR.
Status: in_force

22-418. Duties and authority of director. The duty of enforcing the provisions of this chapter and carrying out its provisions and requirements shall be vested in the director pursuant to section 22-103, Idaho Code. Additional duties of the director or his authorized agents shall include, but are not limited to, the following:

(1) To establish and maintain or make provision for seed testing facilities.

(2) To have analyses and tests of samples of seed made as necessary.

(3) To make or provide for making purity and germination tests of seeds for farmers and dealers on request.

(4) The director of the department of agriculture may by rule set the service and license fees to be collected. Fees so collected shall be paid into the state treasury and credited to the agriculture department inspection account, created in section 22-104, Idaho Code, and such fees shall be used only to pay the costs of operating the state seed laboratory.

(5) To enter upon any public or private premises during regular business hours in order to have access to seeds subject to this chapter.

(6) To sample and inspect agricultural, vegetable, flower, tree and shrub seeds transported, sold, offered or exposed for sale, or delivered under a contract within this state for sowing purposes, at such time and place and to such extent as he may deem necessary to determine whether the seeds are in compliance with the provisions of this chapter, and to notify promptly the person who transported, sold, offered or exposed the seed for sale of any violation.

(7) To issue and enforce a "stop-sale" order to the owner or custodian of any lot of seed which is in violation of any of the provisions of this chapter, which order shall prohibit further sale or delivery under a contract of the seed until such officer has evidence that the law has been complied with; provided, that in respect to seeds which have been denied sale as provided in this paragraph, the owner or custodian of such seeds shall have the right to appeal from such order to the district court of the county in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of such seed from the order prohibiting the sale in accordance with the findings of this court; and provided further, that the provisions of this paragraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized under other sections of this chapter.

(8) To cooperate with the United States department of agriculture and other agencies in seed law enforcement.

(9) To notify in writing, the proprietor of any plant variety protected under the United States plant variety protection act when any sample of a proprietor's variety is received for testing at the Idaho state seed laboratory.

(10) To cooperate fully with the proprietor of any plant variety which is protected under the United States plant variety protection act to secure for the proprietor the full protection afforded under the United States plant variety protection act or the federal seed act, or both, by releasing to the proprietor any and all knowledge as may come to the attention of the director or his authorized agents in regard to the illegal use of any United States protected variety.

(11) To prescribe and adopt rules governing:

(a) The methods of sampling, inspecting, analysis tests and examination of seed, and the tolerances to be followed in the administration of this chapter, which shall be in general accord with officially prescribed practice in interstate commerce;

(b) Reasonable standards of germination for vegetable seeds and flower seeds;

(c) Labeling of flower seeds;

(d) A list of the kinds of flower seeds subject to the flower seed germinations labeling requirements;

(e) A list of the tree and shrub species subject to germination labeling requirements;

(f) A list of species that may be tetrazolium tested in lieu of germination testing.

History:

[22-418, added 1951, ch. 243, sec. 5, p. 508; am. 1971, ch. 216, sec. 1, p. 969; am. 1974, ch. 18, sec. 6, p. 364; am. 1987, ch. 188, sec. 5, p. 378; am. 1991, ch. 171, sec. 3, p. 418; am. 1992, ch. 70, sec. 1, p. 204; am. 1998, ch. 203, sec. 1, p. 721.]
Idaho Code § 22-2512 — Idaho Code / Title 22 / Chapter 25 / Section 22-2512
22-2512 PENALTY FOR VIOLATIONS.
Status: in_force

22-2512. Penalty for violations. (1) Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in the county jail for not less than three (3) months nor more than twelve (12) months or be subject to both such fine and imprisonment.

(2) Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than one hundred dollars ($100) for each offense and shall be liable for reasonable attorney's fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected for violation of a rule shall be remitted to the agricultural inspection account.

(3) Any bees, colonies, equipment or hives, imported into this state by a nonresident person, in violation of any provision of this chapter shall be subject to seizure by the department. Any bees, colonies, equipment or hives found on any property without the permission of the landowner or not identified with the owner's name, address, phone and registration numbers or found to be in violation of this chapter or rules adopted by the department, shall also be subject to seizure by the department. Any bees, colonies, equipment or hives not claimed and brought into compliance with the provisions of this chapter within ninety (90) days from the date of seizure may be sold at public auction by a sealed bid.

(4) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.

History:

[(22-2512) 22-2539, added 1963, ch. 305, sec. 23, p. 795; am. 1991, ch. 224, sec. 3, p. 536; am. 1999, ch. 324, sec. 1, p. 832; am. and redesig. 2006, ch. 86, sec. 16, p. 255.]
Idaho Code § 22-4715 — Idaho Code / Title 22 / Chapter 47 / Section 22-4715
22-4715 STATE NOT LIABLE FOR ACTS OR OMISSIONS OF COMMISSION OR OF ITS EMPLOYEES.
Status: in_force

22-4715. State not liable for acts or omissions of commission or of its employees. The state of Idaho is not liable for the acts or omissions of the commission or any of its members, or any officer, agent or employee of the commission.

History:

[22-4715, added 1996, ch. 216, sec. 1, p. 708.]
Idaho Code § 22-310 — Idaho Code / Title 22 / Chapter 3 / Section 22-310
22-310 DISPOSITION OF MONEYS REMAINING AFTER AWARDS PAID.
Status: in_force

22-310. Disposition of moneys remaining after awards paid. In any case in a fair district, or any person, association or corporation with which the fair district has contracted to conduct activities permitted by law, has paid out moneys by check or warrant in the form of premiums, awards, winnings, prizes, or return of entry fees, and such check or warrant remains uncashed or unclaimed after one (1) year from date of issue, such check or warrant shall be presumed abandoned, and legal title shall revert to the issuer, and such check or warrant may be voided or canceled. The proceeds of such abandoned check or warrant shall not be subject to the provisions of chapter 5, title 14, Idaho Code.

History:

[22-310, added 1985, ch. 7, sec. 2, p. 11.]
Idaho Code § 22-3406 — Idaho Code / Title 22 / Chapter 34 / Section 22-3406
22-3406 PESTICIDE DEALERS.
Status: in_force

22-3406. Pesticide dealers. No person shall act as a pesticide dealer without first obtaining a pesticide dealer's license issued by the department.

(1) Licensing:

(a) Application for a pesticide dealer's license shall be on a form prescribed by the department and shall be accompanied by a fee as prescribed by rule; and

(b) an applicant who sells restricted-use pesticides must pass the department's examination and obtain a professional applicator's license in order to demonstrate his knowledge of how to use and handle pesticides in areas relevant to the operation he intends to undertake; and

(c) such application shall be due as prescribed by rule; and

(d) a license shall be required for each location, outlet, or warehouse from which such pesticides are distributed; and

(e) for an applicant selling restricted-use pesticides an examination fee will be charged as prescribed by rule and an additional examination fee of five dollars ($5.00) shall be charged when an exam is requested at other than a regularly scheduled examination date.

(2) Records and Reports:

(a) Restricted-use pesticides or devices: The director shall require a pesticide dealer to keep accurate sale and distribution records of restricted-use pesticides or devices as prescribed by rule;

(i) The director may also require a pesticide dealer to maintain other records and furnish reports for restricted-use pesticides or devices he determines necessary to implement the provisions of this act; and

(ii) Records shall be maintained for three (3) years and be available for inspection and reproduction by the director at all reasonable times; and

(iii) The dealer shall be required to post total sales of each restricted-use pesticide by county and shall not include detailed customer sales records or customer invoice records. This report shall be furnished to the director no more than two (2) times per year as prescribed by rule.

(b) General use pesticides: The director shall require a pesticide dealer to keep accurate sale and distribution records as prescribed by rule of general use pesticides except those exempted in subsection (4) of this section.

(i) Records shall be maintained for three (3) years and be available for inspection and reproduction by the director at all reasonable times; and

(ii) The dealer shall be required to report total sales of each general use pesticide by county and shall not include detailed customer sales records or customer invoice records. This report shall be furnished to the director no more than two (2) times per year as prescribed by rule; and

(iii) The director may require dealers to furnish other reports of these records in the case of emergency as provided by rule.

(3) Pesticide dealers shall sell restricted-use pesticides (RUP) only to licensed professional and private applicators, and dealers; however, pesticide dealers may sell an RUP to an unlicensed person provided the application of the RUP is made by a licensed professional applicator or licensed private applicator.

(4) Exemptions:

(a) A manufacturer's representative or wholesale distributor shall be exempt from subsection (1) of this section provided such representative or distributor does not have a warehouse in Idaho that pesticides are sold, stored or distributed from; and

(b) federal, state and other governmental agencies are exempt from the examination and licensing fees of this section; and

(c) the director may exempt a pesticide from the provisions of subsection (1) or (2) of this section by rule if it is determined that licensing or recordkeeping is not necessary for selling the pesticide.

(5) A user of a pesticide, without obtaining a pesticide dealer's license, may for the exclusive purpose of keeping it from becoming a waste, distribute a properly labeled pesticide to another user who is legally entitled to use that pesticide.

History:

[22-3406, added 1976, ch. 190, sec. 2, p. 698; am. 1984, ch. 148, sec. 3, p. 350; am. 1990, ch. 269, sec. 2, p. 762; am. 1992, ch. 43, sec. 1, p. 143; am. 1993, ch. 54, sec. 4, p. 147; am. 1996, ch. 22, sec. 6, p. 52; am. 1999, ch. 69, sec. 5, p. 186; am. 2000, ch. 142, sec. 1, p. 370; am. 2001, ch. 249, sec. 1, p. 901.]
Idaho Code § 22-2207 — Idaho Code / Title 22 / Chapter 22 / Section 22-2207
22-2207 LABELING INFORMATION REQUIRED.
Status: in_force

22-2207. Labeling information required. (1) Soil amendment or plant amendment labels. The following information shall be considered the label and shall appear in a readable and conspicuous form on the face or display side of any container, or on the invoice if delivered in bulk, in which soil amendments or plant amendments are offered for sale:

(a) Net weight or volume;

(b) Brand name;

(c) Content or guaranteed analysis; soil amending or plant amending ingredients:

"Name of ingredient" ……… %

(identify and list all)

Total other ingredients …… %

(d) Purpose of product;

(e) Directions for application;

(f) Name and mailing address of the registrant.

(g) Other information required by rule for the type of product being registered.

(2) No information or statement shall appear on any package, label or labeling which is false or misleading to the purchaser as to the use, analysis, type or composition of the soil amendment or plant amendment.

(3) The director may require verification of label claims made for any soil amendment or plant amendment. If no claims are made he may require proof of usefulness and value of the soil amendment or plant amendment. For evidence of proof, the director may rely on experimental data, evaluations or advice supplied from sources such as the director of the agricultural experiment station. The verification of label claims shall be relevant to the stated uses for which the product is intended. The director may accept or reject other sources of proof as additional evidence in evaluating soil amendments and plant amendments.

(4) Soil amending or plant amending ingredients may be listed or guaranteed on labels or labeling of soil amendments or plant amendments with the permission of the director. The director may allow a soil amending or plant amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided to the director to substantiate the value and usefulness of the soil amending or plant amending ingredient. The director may rely on outside sources such as the director of the agricultural experiment station for assistance in evaluating the data submitted. When a soil amending or plant amending ingredient is permitted to be listed or guaranteed, it must be determinable by laboratory methods and is subject to inspection and analysis. The director may prescribe methods and procedures of inspection and analysis of the soil amending and plant amending ingredient. The director may stipulate by rule the quantities of soil amending or plant amending ingredient(s) required in a soil amendment or plant amendment.

(5) The director may allow labeling by volume rather than weight as provided in subsection (1)(a) of this section.

(6) Each delivery of a customer formula mix soil amendment or a plant amendment shall contain those ingredients specified by the purchaser, and those ingredients and the amounts of each shall be shown on the statement or invoice. A record of all invoices of customer formula mixes shall be kept by the registrant for a period of one (1) year and shall be available to the department upon request.

(7) Each delivery of a customer formula mix soil amendment or a plant amendment shall be accompanied by either a statement, invoice, delivery slip or label, containing the following information:

(a) Net weight or volume;

(b) The brand;

(c) The name and address of the registrant or manufacturer, or both;

(d) The name and address of the purchaser; and

(e) The soil amending or plant amending ingredients and amounts.

History:

[22-2207, added 2001, ch. 250, sec. 3, p. 908.]
Idaho Code § 22-205 — Idaho Code / Title 22 / Chapter 2 / Section 22-205
22-205 SECRETARY AND TREASURER OF COUNTY FAIR BOARD.
Status: in_force

22-205. Secretary and treasurer of county fair board. The county fair board shall select and employ a competent secretary whom they shall vest with general managerial powers subject to the provisions of this act. It shall also appoint a treasurer. The office of secretary may be combined with the office of treasurer and held by the same person. The treasurer shall be required to furnish a bond in such sum as may be fixed by the board of county commissioners, and when furnished to be approved by it.

History:

[(22-205) 1929, ch. 208, sec. 5, p. 411; I.C.A., sec. 22-205.]