Idaho Code § 22-2513 — Idaho Code / Title 22 / Chapter 25 / Section 22-2513
22-2513 REVIEW OF ACTION OF DIRECTOR.
Status: in_force

22-2513. Review of action of director. Any individual who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with chapter 52, title 67, Idaho Code. The review may be obtained by filing in the district court within thirty (30) days following the action of the director a written petition praying that such action be set aside. A copy of such petition shall forthwith be delivered to the director and within thirty (30) days thereafter, the director shall certify and file in the district court of the area affected a transcript of any record pertaining thereto, including a transcript of evidence received at any hearing of referendum. The district court shall give notice by United States mail, to the director and to the petitioner or petitioners of the time and place at which the court will hear such petition, at which time any interested party may be heard. Upon completion of the hearing, the court shall affirm, set aside or modify the action of the director, except that the finding of the director as to the facts, if supported by substantial evidence, shall be conclusive.

History:

[(22-2513) 22-2540, added 1991, ch. 224, sec. 4, p. 536; am. 2001, ch. 183, sec. 2, p. 615; am. and redesig. 2006, ch. 86, sec. 17, p. 256.]
Idaho Code § 22-2504 — Idaho Code / Title 22 / Chapter 25 / Section 22-2504
22-2504 DUTIES OF THE DIRECTOR IN CONTROLLING THE SPREAD OF DISEASE AND EXOTIC STRAIN OF BEES.
Status: in_force

22-2504. Duties of the director in controlling the spread of disease and exotic strain of bees. When the director shall be notified of the existence in any apiary of a transmissible bee disease or exotic strain of bees, he shall conduct appropriate investigations to the extent that the resources provided by this chapter support. If the investigation establishes the presence of such transmissible disease or exotic strain of bees, the director may order abatement by methods which he shall prescribe. These methods may include destruction of the infested bees or exotic strain of bees and contaminated equipment. Infested colonies or other equipment may not be removed from the premises on which they are found without written permission of the director. The director may, by rule, establish tolerances of regulated bee diseases allowable in apiaries and establish a certification program for beekeepers in order to prevent and control the movement of exotic strains of bees into the state.

History:

[(22-2504) 22-2520, added 1987, ch. 96, sec. 6, p. 189; am. 1993, ch. 11, sec. 2, p. 38; am. 1994, ch. 18, sec. 2, p. 34; am. and redesig. 2006, ch. 86, sec. 4, p. 253.]
Idaho Code § 22-906 — Idaho Code / Title 22 / Chapter 9 / Section 22-906
22-906 BAKERS.
Status: in_force

22-906. Bakers. When potatoes, sized six (6) ounces or larger, are packed in containers branded in accordance with the grade to which they conform, they may, in addition, carry a tag or brand bearing the designation "Idaho Bakers."

History:

[22-906, added 1941, ch. 32, sec. 6, p. 72.]
Idaho Code § 22-3422 — Idaho Code / Title 22 / Chapter 34 / Section 22-3422
22-3422 PENALTIES FOR OPERATING WITHOUT LICENSE.
Status: in_force

22-3422. Penalties for operating without license. Any person operating as a professional or private applicator or dealer without a license shall forfeit to the state for each day's operation one hundred dollars ($100) as a civil penalty and such operation may be enjoined upon complaint of the director.

History:

[22-3422, added 1976, ch. 190, sec. 2, p. 704; am. 1996, ch. 22, sec. 15, p. 56.]
Idaho Code § 22-902 — Idaho Code / Title 22 / Chapter 9 / Section 22-902
22-902 IDAHO DELUXE.
Status: in_force

22-902. Idaho Deluxe. Idaho Deluxe potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics, the minimum size of which shall be either two (2) inches in diameter or four (4) ounces in weight, except as hereinafter provided for, and not less than forty percent (40%) of the potatoes in the lot shall be six (6) ounces or larger, and which are fairly well shaped, free from freezing injury, blackheart, and soft rot or wet breakdown and from damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, air cracks, internal disorders, cuts, shriveling, sprouting, scab, blight, dry rot, rhizoctonia, other disease, insects or mechanical or other means, except that this grade may contain not more than fifteen percent (15%) by weight of potatoes meeting the requirements of Idaho Standard Grade as hereinafter provided for, providing that none of this fifteen percent (15%) of potatoes by weight shall be smaller in size by weight than ten (10) ounces.

In order to allow for variations other than size, incident to proper grading and handling, not more than six percent (6%) of the potatoes in any container may be below the requirements of the grade, but not to exceed one sixth (1/6) of this amount or one percent (1%) may be allowed for potatoes affected by soft rot or wet breakdown. In addition, not more than five percent (5%) by weight may be damaged by internal disorders, and in addition, not more than three percent (3%) may be below the prescribed size, provided, however, that when potatoes of this grade are packed to meet a minimum size requirement of six (6) ounces or more by weight, the tolerance for undersize shall be five percent (5%), but not more than two percent (2%) may be smaller than two (2) inches in diameter or four (4) ounces in weight.

History:

[22-902, added 1941, ch. 32, sec. 2, p. 72; am. 1970, ch. 175, sec. 2, p. 505.]
Idaho Code § 22-4502 — Idaho Code / Title 22 / Chapter 45 / Section 22-4502
22-4502 DEFINITIONS.
Status: in_force

22-4502. Definitions. As used in this chapter:

(1) "Agricultural facility" includes, without limitation, any land, building, structure, ditch, drain, pond, impoundment, appurtenance, machinery or equipment that is used in an agricultural operation.

(2) "Agricultural operation" means an activity or condition that occurs in connection with the production of agricultural products for food, fiber, fuel and other lawful uses, and includes, without limitation:

(a) Construction, expansion, use, maintenance and repair of an agricultural facility;

(b) Preparing land for agricultural production;

(c) Applying pesticides, herbicides or other chemicals, compounds or substances labeled for insects, pests, crops, weeds, water or soil;

(d) Planting, irrigating, growing, fertilizing, harvesting or producing agricultural, horticultural, floricultural and viticultural crops, fruits and vegetable products, field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant byproducts, plant waste and plant compost;

(e) Breeding, hatching, raising, producing, feeding and keeping livestock, dairy animals, swine, fur-bearing animals, poultry, eggs, fish and other aquatic species, and other animals, animal products and animal byproducts, animal waste, animal compost, and bees, bee products and bee byproducts;

(f) Processing and packaging agricultural products, including the processing and packaging of agricultural products into food and other agricultural commodities;

(g) Manufacturing animal feed;

(h) Transporting agricultural products to or from an agricultural facility;

(i) Noise, odors, dust, fumes, light and other conditions associated with an agricultural operation or an agricultural facility;

(j) Selling agricultural products at a farmers or roadside market;

(k) Participating in a government-sponsored agricultural program; and

(l) The ingress and egress of agricultural aircraft to agricultural lands or treatment areas.

(3) "Nonagricultural activities," for the purposes of this chapter, means residential, commercial or industrial property development and use not associated with the production of agricultural products.

(4) "Improper or negligent operation" means that the agricultural operation is not undertaken in conformity with federal, state and local laws and regulations or permits, and adversely affects the public health and safety.

History:

[22-4502, added 1981, ch. 177, sec. 1, p. 311; am. 1997, ch. 341, sec. 1, p. 1025; am. 1999, ch. 377, sec. 1, p. 1035; am. 2011, ch. 229, sec. 1, p. 623; am. 2022, ch. 116, sec. 1, p. 424.]
Idaho Code § 22-3614 — Idaho Code / Title 22 / Chapter 36 / Section 22-3614
22-3614 RETURNS.
Status: in_force

22-3614. Returns. Each dealer and/or grower shall, at such times as the commission may by rule or regulation require, file with the commission a return under oath, on forms to be furnished by the commission, stating the quantity of apples grown, packed, handled, shipped or processed by him, during the period prescribed by the commission. The return shall contain such further information as the commission may require.

History:

[22-3614, added 1966 (2nd E.S.), ch. 17, sec. 14, p. 39.]
Idaho Code § 22-3105 — Idaho Code / Title 22 / Chapter 31 / Section 22-3105
22-3105 POWERS AND DUTIES OF COMMISSION.
Status: in_force

22-3105. Powers and duties of commission. The powers and duties of the commission shall include the following:

1. To administer and enforce this act.

2. To contract in the name of the commission and be contracted with.

3. To employ and at pleasure discharge a secretary, advertising manager, advertising agents, agents, research director, research staff, attorneys and such clerical and other help as it deems necessary and to control their powers and duties and to fix their compensation.

4. To keep books, records and accounts of all its dealings, which books, records and accounts of all its dealings shall be open to inspection by the state controller at all times.

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

6. To become a member of and purchase membership in trade organizations and to subscribe to and purchase trade bulletins, journals, and other trade publications.

7. To plan and conduct an advertising, publicity and sales promotion campaign to increase the sales of hops and to make such advertising, publicity and sales promotion contracts and other agreements as may be necessary.

8. To plan and conduct a research program on marketing of and markets for hops and a research program to improve the quality of hops, to develop and improve control measures for disease and pests which attack hops and to improve hop growing culture and to disseminate such information among the growers and to make such research contracts and other agreements as may be necessary.

9. To define and designate the character of the brands, labels, stencils or other distinctive marks under which hops may be marketed and to patent, copyright or otherwise protect such identifying distinctive mark, all for the purposes of securing the greatest returns to the grower and of meeting requirements of the advertising campaign of the commission and of protecting the identity of the hops as Idaho hops as near to the final consumer as possible.

10. To prevent any substitution of other hops for Idaho hops and to prevent the misrepresentation or the misbranding of Idaho hops at any and all times and at any and all points.

11. To establish and maintain the executive office of the commission at any place within the state of Idaho which designated place may be changed at the discretion of the commission.

12. To adopt and from time to time alter, rescind, modify or amend all proper and necessary rules, regulations, and orders for the exercise of its powers and the performance of its duties under this act.

13. To cooperate with the director of the department of agriculture in and to pay all or any portion of the costs incurred in the creation, administration and enforcement of any quarantine and inspection affecting hops and hop plants established pursuant to the laws of the state of Idaho.

14. To plan and conduct a research program for improving old varieties and developing new varieties of hops; to propagate any such improved old varieties or such new varieties of hops; to patent any such improved old varieties or such new varieties of hops and to license the propagation, growing and sale thereof; to adopt such trade names or trademarks in relation to any such improved old varieties or such new varieties of hops and to patent, copyright, or otherwise protect such names; to buy, contract to buy, receive by gift or otherwise acquire, hold, or retain legal title to such improved old varieties or such new varieties of hops including the root stock thereof and the hops produced therefrom; to sell, lease, consign, trade, exchange, or give away or otherwise dispose of any such improved old varieties or such new varieties of hops including the root stock thereof and the hops produced therefrom; to advertise and promote the commercial use of such improved old varieties and new varieties of hops; and to impose, by contract or regulation or otherwise, such conditions and restrictions as may be determined by the commission pertaining to such improved old varieties and such new varieties of hops including the root stock thereof including but not limited to conditions and restrictions limiting, restricting, prohibiting or affecting the use, distribution, acreage, production, geographical areas of planting, cultural practices used in propagation, leasing, assigning, selling, sale price, and the use of trade names and trademarks relating to such improved old varieties or such new varieties of hops including the root stock thereof and the increase thereof and the use of trade names and trademarks to designate hops produced from any such old varieties or such new varieties of hops.

15. To prosecute in the name of the state of Idaho any suit or action for collection of the assessment provided for in this chapter.

History:

[22-3105, added 1955, ch. 224, sec. 5, p. 489; am. 1963, ch. 335, sec. 2, p. 959; am. 1967, ch. 216, sec. 2, p. 650; am. 1974, ch. 18, sec. 75, p. 364; am. 1977, ch. 302, sec. 1, p. 846; am. 1994, ch. 180, sec. 24, p. 438.]
Idaho Code § 22-5406 — Idaho Code / Title 22 / Chapter 54 / Section 22-5406
22-5406 VIOLATIONS — PENALTIES.
Status: in_force

22-5406. VIOLATIONS — penalties.

(1)(a) It is a violation for any person to:

(i) Fail to comply with any of the provisions of this chapter or any rules promulgated under this chapter; or

(ii) Interfere or attempt to interfere with the director in the performance of his duties under this chapter or rules promulgated under this chapter.

(b) The department may assess a civil penalty against a violator of not more than ten thousand dollars ($10,000) for each violation or one thousand dollars ($1,000) for each day of a continuing violation, in addition to reasonable attorney's fees in accordance with section 12-117, Idaho Code.

(2) The department may assess a civil penalty in conjunction with any other department administrative action.

(3) The department may not assess a civil penalty unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.

(4) 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. In addition to the assessed penalty, the department shall be entitled to recover, in accordance with section 12-117, Idaho Code, reasonable attorney's fees and costs incurred in such action or on appeal from such action.

(5) 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 department, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.

(6) All civil penalties collected pursuant to this section shall be remitted to the produce safety account of the department.

History:

[22-5406, added 2018, ch. 216, sec. 2, p. 488.]
Idaho Code § 22-3415 — Idaho Code / Title 22 / Chapter 34 / Section 22-3415
22-3415 FEES COLLECTED — DISPOSITION.
Status: in_force

22-3415. Fees collected — Disposition. All fees collected under the provisions of this act shall be deposited with the state treasurer and be credited to the pesticide fund of the department of agriculture to be used only for carrying out the provisions of this act.

History:

[22-3415, added 1976, ch. 190, sec. 2, p. 700.]
Idaho Code § 22-1909 — Idaho Code / Title 22 / Chapter 19 / Section 22-1909
22-1909 DISPOSITION OF INVASIVE SPECIES.
Status: in_force

22-1909. Disposition of invasive species. The director is authorized to seize, decontaminate or destroy any invasive species found in this state from public or private ownership or control as necessary to carry out the provisions of this chapter.

History:

[22-1909, added 2008, ch. 387, sec. 1, p. 1064.]
Idaho Code § 22-1209 — Idaho Code / Title 22 / Chapter 12 / Section 22-1209
22-1209 DEPOSIT AND DISBURSEMENT OF FUNDS.
Status: in_force

22-1209. Deposit and disbursement of funds. (1) Immediately upon receipt, all 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 banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.

(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.

(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.

(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.

(5) All moneys received or expended by the commission shall be audited annually by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.

(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.

History:

[22-1209, added 1988, ch. 52, sec. 2, p. 77; am. 1993, ch. 327, sec. 6, p. 1199; am. 1994, ch. 180, sec. 16, p. 432; am. 1996, ch. 159, sec. 7, p. 512; am. 2003, ch. 32, sec. 4, p. 119.]
Idaho Code § 22-901 — Idaho Code / Title 22 / Chapter 9 / Section 22-901
22-901 APPLICATION OF ACT.
Status: in_force

22-901. Application of act. (1) When potatoes are marketed or offered for shipment, within the state of Idaho, for packing, repacking, or processing purposes, or when potatoes are offered for sale by the grower direct to the consumer or when "Idaho Certified" seed stock, as defined by the Idaho state seed certification officials, are offered for sale, the provisions of this act prescribing grades and requiring grading shall not apply; but in all other cases when potatoes are packed for sale, offered for sale, sold, or offered for shipment within or outside the state of Idaho, such potatoes shall be graded either as "Idaho Deluxe," "Idaho Standard," or "Idaho Utility." Potatoes marketed within the state of Idaho or outside the state of Idaho may conform to grades promulgated by an act of congress or by authority of the secretary of agriculture of the United States, if the shipper or grower so desires.

(2) All potatoes not meeting the requirements of grade hereinabove provided for and hereinafter set out are hereby declared to be detrimental to the potato industry of the state of Idaho and shall not be marketed, except as provided in this section.

(3) All potatoes conforming to the grades hereinabove and hereinafter set out shall be packed in containers or bags in conformity with the provisions of this chapter and rules promulgated pursuant thereto.

(4) When potatoes are to be shipped out of state in bulk, permission shall first be obtained from the Idaho department of agriculture. All permits issued hereunder shall be issued subject to the requirement that the potatoes to be shipped must be graded and must either meet the Idaho grades or the United States department of agriculture grades for potatoes; except that potatoes shipped outside the state for processing into a changed form or product do not need to be graded.

(5) The Idaho department of agriculture may promulgate the necessary rules and forms to carry out the provisions of this chapter.

History:

[22-901, added 1941, ch. 32, sec. 1, p. 72; am. 1965, ch. 146, sec. 1, p. 285; am. 1970, ch. 175, sec. 1, p. 505; am. 2026, ch. 91, sec. 4, p. 507.]
Idaho Code § 22-2226 — Idaho Code / Title 22 / Chapter 22 / Section 22-2226
22-2226 LOCAL LEGISLATION — PROHIBITION.
Status: in_force

22-2226. Local legislation — prohibition. (1) No local government entity including, but not limited to, any city, county, township, or municipal corporation or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state of Idaho, shall:

(a) Regulate the registration, packaging, labeling, sale, storage, distribution, use and application of soil and plant amendments;

(b) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of soil and plant amendments.

(2) Ordinances adopted by the local government entity in violation of this section are void and unenforceable.

(3) The provisions of subsections (1) and (2) of this section shall not preempt county or city local zoning ordinances governing the physical location or siting of soil and plant amendment manufacturing, storage and sales facilities or protecting the quality of ground water or surface water in accordance with applicable state and federal law.

History:

[22-2226, added 2005, ch. 388, sec. 1, p. 1249.]
Idaho Code § 22-1903 — Idaho Code / Title 22 / Chapter 19 / Section 22-1903
22-1903 ADMINISTRATION.
Status: in_force

22-1903. Administration. This chapter shall be administered by the Idaho state department of agriculture.

History:

[22-1903, added 2008, ch. 387, sec. 1, p. 1063.]
Idaho Code § 22-2615 — Idaho Code / Title 22 / Chapter 26 / Section 22-2615
22-2615 REMOVAL OF OFFICER OR DIRECTOR.
Status: in_force

22-2615. Removal of officer or director. Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by ten percent (10%) of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The director or officer against whom such charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against him shall have the same opportunity.

In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty percent (20%) of the members residing in the district from which he is elected. The board of directors must call a special meeting of the members residing in that district to consider the removal of the director. By a vote of the majority of the members of that district, the director in question shall be removed from office.

History:

[(22-2615) 1921, ch. 124, sec. 15, p. 298; I.C.A., sec. 22-2015.]
Idaho Code § 22-2002 — Idaho Code / Title 22 / Chapter 20 / Section 22-2002
22-2002 ADMINISTRATION.
Status: in_force

22-2002. Administration. This chapter shall be administered by the Idaho state department of agriculture.

History:

[22-2002, added 2002, ch. 89, sec. 2, p. 211.]
Idaho Code § 22-2611 — Idaho Code / Title 22 / Chapter 26 / Section 22-2611
22-2611 GENERAL AND SPECIAL MEETINGS — HOW CALLED.
Status: in_force

22-2611. General and special meetings — How called. In its bylaws each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time, and ten per cent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting: provided, however, that the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.

History:

[(22-2611) 1921, ch. 124, sec. 11, p. 298; I.C.A., sec. 22-2011.]
Idaho Code § 22-1508 — Idaho Code / Title 22 / Chapter 15 / Section 22-1508
22-1508 DELEGATION OF AUTHORITY.
Status: in_force

22-1508. Delegation of authority. The regents of the university of Idaho may delegate in writing its authority, or any part thereof, under this chapter to any instrumentality or entity as an agent and servant of the state whose principal purpose is to establish and maintain a uniform and reasonable system of certification of seeds, tubers, plants and plant parts. The delegated instrumentality or entity as agent and servant of the state shall be an entity of the state of Idaho as provided in the tort claims act, chapter 9, title 6, Idaho Code. The university will cooperate with the Idaho department of agriculture in seed analysis and inspection.

History:

[(22-1508) 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 1993, ch. 69, sec. 3, p. 184.]
Idaho Code § 22-2201 — Idaho Code / Title 22 / Chapter 22 / Section 22-2201
22-2201 SHORT TITLE.
Status: in_force

22-2201. Short title. This act may be known and cited as the "Soil and Plant Amendment Act of 2001."

History:

[22-2201, added 2001, ch. 250, sec. 3, p. 903.]
Idaho Code § 22-2612 — Idaho Code / Title 22 / Chapter 26 / Section 22-2612
22-2612 DIRECTORS — ELECTION — APPOINTMENT — REMUNERATION — PROHIBITED CONTRACTS — VACANCIES.
Status: in_force

22-2612. Directors — Election — Appointment — Remuneration — Prohibited contracts — Vacancies. (1) The affairs of the association shall be managed by a board of not less than five (5) directors, elected by the members or stockholders from their own number. The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to such districts. In such a case, the bylaws shall specify the number of directors to be elected by each district, the manner and method of reapportioning the directors and of redistricting the territory covered by the association. The bylaws may provide that primary elections should be held in each district to elect the directors apportioned to such districts and the result of all such primary elections must be ratified by the next regular meeting of the association.

(2) The bylaws may provide that one (1) or more directors may be appointed by the department of agriculture or any other public official or commission. The director or directors so appointed need not be members or stockholders of the association, but shall have the same powers and rights as other directors.

(3) An association may provide a fair remuneration for the time actually spent by its officers and directors in its service. No director, during the term of his office, shall be a party to a contract for a profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association, or to any other kind of contract differing from terms generally current in that district.

(4) When a vacancy on the board of directors occurs, other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for an election of directors by district. In such a case, the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.

History:

[(22-2612) 1921, ch. 124, sec. 12, p. 298; I.C.A., sec. 22-2012; am. 2024, ch. 16, sec. 6, p. 139.]
Idaho Code § 22-1511 — Idaho Code / Title 22 / Chapter 15 / Section 22-1511
22-1511 TITLE.
Status: in_force

22-1511. Title. This chapter shall be known as, and may be cited as, the "Seed and Plant Certification Act."

History:

[(22-1511) 22-1111, added 1990, ch. 413, sec. 2, p. 1147; am. and redesig. 2005, ch. 25, sec. 22, p. 93.]
Idaho Code § 22-4709 — Idaho Code / Title 22 / Chapter 47 / Section 22-4709
22-4709 MEETINGS OF THE COMMISSION.
Status: in_force

22-4709. Meetings of the commission. The commission shall meet at least once every three (3) months regularly and at other times as required by the chairman. The chairman may call special meetings of the commission at any time or place.

History:

[22-4709, added 1996, ch. 216, sec. 1, p. 706.]
Idaho Code § 22-4215 — Idaho Code / Title 22 / Chapter 42 / Section 22-4215
22-4215 DEPOSIT OF ASSESSMENTS — WITHDRAWAL METHOD — EXPENSES — BOND REQUIRED — AUDIT.
Status: in_force

22-4215. Deposit of assessments — Withdrawal method — Expenses — Bond required — Audit. (1) All receipts for the commission will be deposited within five (5) working days of being received, all moneys received by the commission from the assessment levied under section 22-4210, Idaho Code, and all other moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such accounts at such banks or trust companies.

(2) (a) No moneys shall be withdrawn 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. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission. 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.

(c) The commission may require any commission member or agent or employee appointed by the commission to give a bond payable to the commission in the amount and with the security and containing the terms and conditions the commission may prescribe. The cost of such bond is an administrative cost under this act.

(3) All moneys received or expended by the commission shall be audited every second year, but shall address each year separately, by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year. The right is reserved to the state of Idaho to audit all funds of the commission at any time.

History:

[22-4215, added 1974, ch. 184, sec. 15, p. 1481; am. 1998, ch. 121, sec. 3, p. 453; am. 2003, ch. 32, sec. 13, p. 125; am. 2006, ch. 361, sec. 1, p. 1098.]
Idaho Code § 22-3407B — Idaho Code / Title 22 / Chapter 34 / Section 22-3407B
22-3407B DEPARTMENT TO COMPILE LIST.
Status: in_force

22-3407B. Department to compile list. The department shall compile a list of the types of chemigation systems or portions thereof which may be used by persons to apply chemicals through an irrigation system in accordance with the rules promulgated under section 22-3421, Idaho Code. This list shall be made public and constitutes state recognition of a chemigation system.

History:

[22-3407B, added 1999, ch. 69, sec. 10, p. 188.]
Idaho Code § 22-3616 — Idaho Code / Title 22 / Chapter 36 / Section 22-3616
22-3616 PENALTY FOR VIOLATION.
Status: in_force

22-3616. 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:

[22-3616, added 1966 (2nd E.S.), ch. 17, sec. 16, p. 39.]
Idaho Code § 22-5109 — Idaho Code / Title 22 / Chapter 51 / Section 22-5109
22-5109 MAINTENANCE OF RECORDS — EXAMINATION OF RECORDS — AUTHORIZATION TO COPY.
Status: in_force

22-5109. Maintenance of records — Examination of records — Authorization to copy. The seed buyer shall maintain current and complete records at all times with respect to all seed crops handled, deposited, shipped or merchandised by it, including seed crops owned by it. Such records shall include, but are not limited to, records showing the total quantity of each kind and class of seed crop received and loaded out and the amount remaining on deposit at the close of each business day.

Records required by this section shall be legible and kept in a place of safety in this state for a period of five (5) years. If a person operates at more than one (1) location, records of each location's transactions must be identifiable.

The department is authorized to examine records to confirm the proper collection and remittance of seed indemnity fund assessments and payments. The records subject to examination shall include, but are not limited to, receipts, scale weight tickets, conditioning records, production summaries, and payments to producers. The department is authorized to make copies of any documents or records relevant to compliance with the provisions of this chapter.

History:

[22-5109, added 2002, ch. 256, sec. 1, p. 740; am. 2003, ch. 151, sec. 4, p. 437.]
Idaho Code § 22-2315 — Idaho Code / Title 22 / Chapter 23 / Section 22-2315
22-2315 SUBSTITUTION OR TRANSPORTATION OF UNINSPECTED NURSERY OR FLORIST STOCK PROHIBITED.
Status: in_force

22-2315. Substitution or transportation of uninspected nursery or florist stock prohibited. No person shall:

(1) Substitute other nursery or florist stock for nursery or florist stock covered by an inspection certificate; or

(2) Transport or accept for transportation within the state of Idaho nursery or florist stock that does not carry the official inspection tag authorized by the department.

History:

[(22-2315) added 1984, ch. 231, sec. 2, p. 558; am. and redesig. 1998, ch. 89, sec. 15, p. 311.]
Idaho Code § 22-3808 — Idaho Code / Title 22 / Chapter 38 / Section 22-3808
22-3808 FILING — REQUIREMENTS.
Status: in_force

22-3808. Filing — Requirements. Every grower and dealer shall at such times as the commission may by rule prescribe, file with the commission a return under oath on forms to be prescribed by and furnished by the commission, stating the number of pounds of essential oils handled in the primary channels of trade during the period or periods of time prescribed by the commission and such other information as the commission may require.

History:

[22-3808, added 1969, ch. 49, sec. 8, p. 126; am. 1996, ch. 91, sec. 3, p. 274.]
Idaho Code § 22-2012 — Idaho Code / Title 22 / Chapter 20 / Section 22-2012
22-2012 QUARANTINES.
Status: in_force

22-2012. Quarantines. The director, by and with the approval of the governor, may, after investigations or hearings, establish, maintain and enforce quarantines as the director deems necessary to protect any and all plants against infestation or infection by any plant pest, new to or not heretofore widely prevalent or distributed within or throughout the state of Idaho. Quarantine rules issued under this chapter shall be promulgated in accordance with chapter 52, title 67, Idaho Code.

History:

[22-2012, added 2002, ch. 89, sec. 2, p. 218.]
Idaho Code § 22-434 — Idaho Code / Title 22 / Chapter 4 / Section 22-434
22-434 SEED DEALER'S LICENSE.
Status: in_force

22-434. Seed dealer's license. An in-state seed dealer or an out-of-state seed dealer who conditions or labels or sells, for the use of others any seed, shall obtain a license from the department authorizing him to condition or label or sell such seed. A dealer shall not be entitled to a license unless he has an established plant, warehouse or place of business.

(1) A separate license shall be required for each place of business from which seed regulated under this chapter is sold. Application for licenses shall be on a form provided by the director.

(2) Applications shall be renewed no later than July 1 of each year.

(3) Fees so collected shall be paid into the state treasury and credited to the state agricultural inspection account.

(4) In-state producers selling their own crop shall be exempt from this section.

(5) Any person selling seed who has total annual gross seed sales not exceeding five hundred dollars ($500) is exempt from this section.

(6) An in-state seed dealer or an out-of-state seed dealer, who sells, offers for sale, exposes for sale or delivers seed only in packages of less than eight (8) ounces shall be exempt from this section.

(7) The department may suspend, revoke, or refuse to issue or renew the license of any person when it is satisfied that:

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

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

History:

[22-434, added 1985, ch. 247, sec. 2, p. 580; am. 1986, ch. 110, sec. 1, p. 303; am. 1989, ch. 41, sec. 1, p. 54; am. 1994, ch. 50, sec. 1, p. 88; am. 1997, ch. 17, sec. 2, p. 27; am. 1998, ch. 203, sec. 2, p. 722; am. 2000, ch. 140, sec. 1, p. 368; am. 2004, ch. 162, sec. 1, p. 528.]
Idaho Code § 22-308 — Idaho Code / Title 22 / Chapter 3 / Section 22-308
22-308 ADDITION OF COUNTIES TO DISTRICT.
Status: in_force

22-308. Addition of counties to district. A county or counties may be added to a fair district after its formation upon petition of not less than fifty-one per cent (51%) of the voters of such county or counties provided the boards of commissioners of the counties comprising such fair district determine that it is to the best interest of said district that such other county or counties be added.

History:

[(22-308) 1925, ch. 131, sec. 8, p. 185; I.C.A., sec. 22-308.]
Idaho Code § 22-1603 — Idaho Code / Title 22 / Chapter 16 / Section 22-1603
22-1603 PENALTY.
Status: in_force

22-1603. Penalty. Whoever shall violate any of the provisions of this chapter shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1000 for each offense, and, if a corporation, may have its charter or permit to do business in this state forfeited.

History:

[(22-1603) 1917, ch. 23, sec. 3, p. 62; reen. C.L. 79:33; C.S., sec. 2053; I.C.A., sec. 22-1203.]
Idaho Code § 22-3714 — Idaho Code / Title 22 / Chapter 37 / Section 22-3714
22-3714 RETURNS.
Status: in_force

22-3714. Returns. Each dealer and/or grower shall at such times as the commission may by rule or regulation require, file with the commission a return under oath, on forms to be furnished by the commission stating the quantity of cherries grown, packed, handled, shipped or processed by him, during the period prescribed by the commission. The return shall contain such further information as the commission may require.

History:

[22-3714, added 1967, ch. 70, sec. 14, p. 157.]
Idaho Code § 22-2603 — Idaho Code / Title 22 / Chapter 26 / Section 22-2603
22-2603 ASSOCIATIONS — WHO MAY ORGANIZE.
Status: in_force

22-2603. Associations — Who may organize. Five (5) or more persons engaged in the production of agricultural products may form a nonprofit, cooperative association, with or without capital stock, under the provisions of this chapter.

History:

[(22-2603) 1921, ch. 124, sec. 3, p. 298; I.C.A., sec. 22-2003.]
Idaho Code § 22-5123 — Idaho Code / Title 22 / Chapter 51 / Section 22-5123
22-5123 FUNDING AND LIMITS OF FUND.
Status: in_force

22-5123. Funding and limits of fund. The maximum amount of the seed indemnity fund shall be maintained between ten million dollars ($10,000,000) and twelve million dollars ($12,000,000).

History:

[22-5123, added 2002, ch. 256, sec. 1, p. 745.]
Idaho Code § 22-309 — Idaho Code / Title 22 / Chapter 3 / Section 22-309
22-309 FISCAL YEAR.
Status: in_force

22-309. Fiscal year. The fiscal year of each fair district shall commence on the first day of November.

History:

[(22-309) I.C.A., sec. 22-308A, as added by 1941, ch. 167, sec. 3, p. 334.]
Idaho Code § 22-207 — Idaho Code / Title 22 / Chapter 2 / Section 22-207
22-207 DISPOSITION OF MONEYS REMAINING AFTER FAIR CONDUCTED OR AWARDS PAID.
Status: in_force

22-207. Disposition of moneys remaining after fair conducted or awards paid. (1) Any moneys remaining on hand after a county fair has been conducted within the county pursuant to the provisions of this act shall not be paid into the current expense fund of such county, but shall be retained in the custody of the treasurer of the county fair board, and may be used in the conduct of a county fair in the succeeding year or years; provided, however, that such moneys shall be paid into the current expense fund of the county upon order of the board of county commissioners in case the board of county commissioners shall at any time discontinue the holding of annual county fairs.

(2) In any case in which a county fair board, or any person, association or corporation with which the fair board 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:

[(22-207) 1929, ch. 208, sec. 7, p. 411; I.C.A., sec. 22-207; am. 1985, ch. 7, sec. 1, p. 11.]
Idaho Code § 22-4010 — Idaho Code / Title 22 / Chapter 40 / Section 22-4010
22-4010 DEPOSIT AND DISBURSEMENT OF FUNDS.
Status: in_force

22-4010. Deposit and disbursement of funds. (1) Immediately upon receipt, all grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift, and all of the revenues received under the provisions of section 22-4017, Idaho Code, 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 banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.

(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.

(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.

(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income to the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current fiscal year and a projection of anticipated expenses by category for the current fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.

(5) All moneys received or expended by the commission shall be audited every second year, but shall address every year distinctly, by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.

(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.

History:

[22-4010, added 1988, ch. 194, sec. 1, p. 354; am. 1993, ch. 327, sec. 11, p. 1202; am. 1994, ch. 180, sec. 34, p. 449; am. 1996, ch. 159, sec. 12, p. 515; am. 1997, ch. 157, sec. 3, p. 455; am. 2003, ch. 32, sec. 12, p. 124.]
Idaho Code § 22-4016 — Idaho Code / Title 22 / Chapter 40 / Section 22-4016
22-4016 DELIVERY OF DOCUMENTS TO SELLERS.
Status: in_force

22-4016. Delivery of documents to sellers. (1) The purchaser, at the time of settlement, shall make and deliver separate documents for each purchase to the sellers.

(2) The documents shall, at a minimum, contain the following information:

(a) The name and address of the seller.

(b) The name and address of the purchaser.

(c) The number of hundredweights of barley sold.

(d) The date of the purchase.

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

(4) Unlawful or willful alteration of any document required under this chapter shall constitute a misdemeanor.

History:

[22-4016, added 1988, ch. 194, sec. 1, p. 356; am. 1997, ch. 157, sec. 5, p. 457.]
Idaho Code § 22-108 — Idaho Code / Title 22 / Chapter 1 / Section 22-108
22-108 AUTHORITY AND DUTIES OF DIRECTOR CONCERNING RAPESEED.
Status: in_force

22-108. Authority and duties of director concerning rapeseed. (1) In addition to other powers and duties, the director of the department of agriculture shall have regulatory authority to specify the varieties of rapeseed produced in the state and the geographical locations where each variety may be produced or stored. The director shall promulgate rules and regulations in compliance with chapter 52, title 67, Idaho Code, that may be necessary for the efficient enforcement of the provisions of this section and may prescribe grade and quality standards for rapeseed.

(2) The director may, by rule and regulation, establish a schedule of fees for services performed by the department in the administration of this section and rules and regulations promulgated pursuant thereto, and the director may levy a fee on each hundredweight of rapeseed produced in this state sufficient to defray the costs of administering the provisions of this section and rules and regulations promulgated pursuant thereto. Receipts of these fees shall be deposited in the agricultural inspection account created pursuant to section 22-105, Idaho Code, and shall be used, subject to annual appropriation of the legislature, to pay the cost of administering the provisions of this section and rules and regulations promulgated pursuant thereto.

(3) Every violation of the provisions of this section and any rules and regulations promulgated pursuant thereto shall be a misdemeanor and shall be punished by a fine not exceeding one thousand dollars ($1,000).

History:

[22-108, added 1986, ch. 249, sec. 1, p. 670.]
Idaho Code § 22-2627 — Idaho Code / Title 22 / Chapter 26 / Section 22-2627
22-2627 CLASSIFICATION OF DIRECTORS.
Status: in_force

22-2627. Classification of directors. When the board of directors of an association shall consist of five (5) or more members, in lieu of electing the whole number of directors annually, the articles of incorporation or by laws may provide that the directors be divided into either two (2) or three (3) classes, each class to be as nearly equal in number as possible, the term of office of directors of the first class to expire at the first annual meeting of members after their election, that of the second class to expire at the second annual meeting after their election, and that of the third class, if any, to expire at the third annual meeting after their election. At each annual meeting after such classification the number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the second succeeding annual meeting, if there be two (2) classes, or until the third succeeding annual meeting, if there be three (3) classes. No classification of directors shall be effective prior to the first annual meeting of members.

History:

[22-2627, added 1980, ch. 127, sec. 1, p. 286.]
Idaho Code § 22-1101 — Idaho Code / Title 22 / Chapter 11 / Section 22-1101
22-1101 LEGISLATIVE INTENT.
Status: in_force

22-1101. Legislative intent. The legislature recognizes a public benefit and provides consumer protection in establishing standards for food products marketed and labeled using the term "organic", or a derivative of the term "organic." These standards will also facilitate the development of out-of-state markets for Idaho food grown by organic methods.

History:

[22-1101, added 1990, ch. 145, sec. 1, p. 325.]
Idaho Code § 22-2503 — Idaho Code / Title 22 / Chapter 25 / Section 22-2503
22-2503 DIRECTOR TO CONDUCT APIARY INSPECTIONS — RULES SETTING FEES FOR REQUESTED INSPECTIONS AUTHORIZED.
Status: in_force

22-2503. Director to conduct apiary inspections — Rules setting fees for requested inspections authorized. The director shall conduct such apiary inspections as may be required by Idaho beekeepers to transport bees to other jurisdictions. To ensure that the inspections are adequate, the director shall consult with the directors of the Idaho honey association or successor organizations, and with other persons knowledgeable in the science and art of beekeeping. The director shall establish by rule a schedule of fees for inspection work to be paid by the person requesting the inspection.

History:

[(22-2503) 22-2519, added 1987, ch. 96, sec. 5, p. 189; am. and redesig. 2006, ch. 86, sec. 3, p. 252.]
Idaho Code § 22-4019 — Idaho Code / Title 22 / Chapter 40 / Section 22-4019
22-4019 REFERENDUM FOR BARLEY GROWERS.
Status: in_force

22-4019. Referendum for barley growers. (1) After five (5) years from the effective date of this section a referendum shall be held to determine if barley growers favor the continuation of the refund provisions prescribed in section 22-4015, Idaho Code. The question shall be submitted by secret ballots upon which the words "Do you favor a barley commission that is funded by all growers with no refund provision?" are printed with a square before each of the printed words "YES" and "NO" with directions to insert an "X" mark in the square before the proposition which the voter favors. If a majority of the referendum vote is in favor of continuing the refund provision, the provisions of subsection (4) of section 22-4015, Idaho Code, shall be extended indefinitely or until such time that the commission deems it necessary to hold another referendum on the issue.

(2) After five (5) years from the effective date of the referendum required by the provisions of subsection (1) above, and every five (5) years thereafter, a referendum on the continuation of the barley commission may be held at the petition of barley growers, or at the request of the barley commission. The question shall be submitted by secret ballots upon which the words "Do you favor continuation of the barley commission?" are printed with a square before each of the printed words "YES" and "NO" with directions to insert an "X" mark in the square before the question which the voter favors. If a majority of the referendum vote is in favor of continuing the barley commission, all of the provisions of chapter 40, title 22, Idaho Code, shall continue. If a majority of the referendum vote is against continuing the barley commission, the assessment imposed by section 22-4015, Idaho Code, shall cease on the date the director of the department of agriculture announces the results of the referendum vote, and the commission shall prepare a plan for terminating all activities of the commission, effective as soon as possible, but not later than the close of the current fiscal year. If necessary, the director of the department of agriculture shall implement the provisions of the plan. The procedures necessary to initiate a referendum under the provisions of this subsection are as follows:

(a) A referendum shall be held if the Idaho department of agriculture receives a petition requesting such referendum signed by ten percent (10%) or more of growers of barley in at least two (2) of the three (3) districts as outlined in section 22-4004, Idaho Code, as determined by the number of growers subject to the tax imposed by section 22-4015, Idaho Code, in either of the two (2) immediate past years; or

(b) A referendum shall be held if the Idaho department of agriculture receives a written request for such referendum from the barley commission.

(3) (a) Any referendum shall be conducted only among growers who paid a barley assessment during one (1) of the previous two (2) years, whether or not a refund of such assessment was requested or made.

(b) Any referendum must be held and supervised by the Idaho department of agriculture.

(c) Any referendum shall be held, and the result determined and declared by the director of the department of agriculture, and recorded in the office of the secretary of state.

(d) Notice of any referendum must be given by the commission in a manner determined by it. The ballots must be prepared by the commission and forwarded to eligible growers, who shall return them within twenty (20) days after mailing by the commission.

(e) The commission shall pay the costs of any referendum.

History:

[22-4019, added 1988, ch. 194, sec. 1, p. 357.]
Idaho Code § 22-909 — Idaho Code / Title 22 / Chapter 9 / Section 22-909
22-909 PRIVATE BRANDS.
Status: in_force

22-909. Private brands. Private brands may be used when such brands include the official grade title and are registered, approved and recorded by the state department of agriculture.

History:

[22-909, added 1941, ch. 32, sec. 9, p. 72.]
Idaho Code § 22-2803 — Idaho Code / Title 22 / Chapter 28 / Section 22-2803
22-2803 DEFINITIONS.
Status: in_force

22-2803. Definitions. Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:

(1) "Commission" means the Idaho honey commission.

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

(3) "Director" means the director of the department or the director's designated representative.

(4) "Honey producer" or "beekeeper" means a person, firm or corporation engaged in the art of raising, harboring, keeping or breeding domesticated honey bees either for the purpose of gathering honey or the production of queens and/or packaged bees.

(5) "Honey by-products" means items using honey as a base such as creamed honey, whipped honey, or the like.

(6) "Packer" means any honey producer or beekeeper or person who processes and packs honey for commercial retail sales.

(7) "Person" includes an individual, partnership, corporation, firm, association and agent.

(8) "Official sample" means a sample of honey taken by the director or an authorized agent in accordance with the provisions of section 22-2810, Idaho Code.

History:

[22-2803, added 1949, ch. 147, sec. 3, p. 301; am. 2012, ch. 123, sec. 2, p. 342; am. 2015, ch. 124, sec. 1, p. 312; am. 2026, ch. 218, sec. 1, p. 910.]
Idaho Code § 22-3811 — Idaho Code / Title 22 / Chapter 38 / Section 22-3811
22-3811 DISPOSITION OF RECEIPTS AND USE OF MONEYS COLLECTED.
Status: in_force

22-3811. Disposition of receipts and use of moneys collected. (1) As soon as possible after receipt, all moneys received by the commission from the assessment levied under section 22-3806, Idaho Code, and all other moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such accounts at such banks or trust companies.

(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. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission. 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.

(c) The commission may require any commission member or agent or employee appointed by the commission, to give a bond payable to the commission in the amount, and with the security and containing the terms and conditions the commission prescribes. The cost of such bond is an administrative cost under this chapter.

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

History:

[22-3811, added 1969, ch. 49, sec. 11, p. 126; am. 2006, ch. 362, sec. 1, p. 1100.]
Idaho Code § 22-3417A — Idaho Code / Title 22 / Chapter 34 / Section 22-3417A
22-3417A LIABILITY LIMITED.
Status: in_force

22-3417A. Liability limited. There shall be no liability on the part of and no action for damages against any aerial pesticide applicator for the noise of application in the vicinity of a ratite farm if the applicator notifies the owner of the ratites not less than twenty-four (24) hours nor more than forty-eight (48) hours prior to the application. Provided however, that the applicator shall follow all federal aviation administration rules and regulations and all state statutes and rules regarding aerial applications. The provisions of this section shall not limit liability for harassment or willful violations of state or federal law or rules or regulations promulgated pursuant to those laws.

History:

[22-3417A, added 1995, ch. 217, sec. 1, p. 755.]
Idaho Code § 22-1706 — Idaho Code / Title 22 / Chapter 17 / Section 22-1706
22-1706 INDUSTRIAL HEMP ADMINISTRATION FUND.
Status: in_force

22-1706. INDUSTRIAL HEMP administration FUND. There is hereby established in the dedicated fund in the state treasury the industrial hemp administration fund to which will be credited the revenues derived from fees and civil penalties collected as authorized by this chapter and rules promulgated under this chapter, as well as section 67-2921, Idaho Code, and the rules promulgated under that section. Moneys in the fund must be used solely for carrying out the provisions of this chapter and the provisions of section 67-2921, Idaho Code.

History:

[22-1706, added 2021, ch. 242, sec. 1, p. 738.]
Idaho Code § 22-2802 — Idaho Code / Title 22 / Chapter 28 / Section 22-2802
22-2802 DECLARATION OF POLICY AND PURPOSE OF CHAPTER.
Status: in_force

22-2802. Declaration of policy and purpose of chapter. It is hereby declared, as a matter of legislative determination, that the honey industry of Idaho is in dire need of concentrated state and national advertising and promotion to increase the consumption of honey; that other states are promulgating advertising and promotion campaigns for the betterment of the honey industry; that honey is an essential food and its use should be placed in name and fact before the people of America; that in the interest of public welfare and general prosperity of the people of the state of Idaho, the honey industry and beekeeping in general should be maintained and encouraged so that the many food values and quality of honey and the many pollinating values of the domesticated honey bees may be better understood, protected and greater use thereof made.

History:

[22-2802, added 1949, ch. 147, sec. 2, p. 301; am. 2012, ch. 123, sec. 1, p. 342.]
Idaho Code § 22-1910 — Idaho Code / Title 22 / Chapter 19 / Section 22-1910
22-1910 HOLD ORDER.
Status: in_force

22-1910. Hold order. The director may issue hold orders to take prompt regulatory action in invasive species emergencies on any article, commodity, conveyance, vehicle or other means of transportation entering this state when it is reasonably believed that the article, commodity, conveyance, vehicle or other means of transportation is in violation of this chapter or rules promulgated hereunder. The hold order shall contain contact information for the owner of the article, commodity, conveyance, vehicle or other means of transportation, the reason for the hold order, and the conditions for release.

History:

[22-1910, added 2008, ch. 387, sec. 1, p. 1064; am. 2010, ch. 342, sec. 3, p. 899.]
Idaho Code § 22-419 — Idaho Code / Title 22 / Chapter 4 / Section 22-419
22-419 RECORDS.
Status: in_force

22-419. Records. Each person whose name appears on the label as handling agricultural, vegetable, flower or tree and shrub seeds subject to the provisions of this chapter shall keep for a period of two (2) years complete records of each lot of agricultural, vegetable, flower or tree and shrub seed handled and keep for one (1) year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to every shipment shall be accessible for inspection by the director or his agent during customary business hours.

History:

[22-419, added 1987, ch. 188, sec. 7, p. 380.]
Idaho Code § 22-3425 — Idaho Code / Title 22 / Chapter 34 / Section 22-3425
22-3425 SEVERABILITY.
Status: in_force

22-3425. Severability. If any clause, sentence, paragraph, or part of this act shall, for any reason, be adjudged by a competent court of jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which said judgment shall have been rendered.

History:

[22-3425, added 1976, ch. 190, sec. 2, p. 705.]
Idaho Code § 22-602 — Idaho Code / Title 22 / Chapter 6 / Section 22-602
22-602 ADMINISTRATION.
Status: in_force

22-602. Administration. The Idaho state department of agriculture, hereinafter referred to as the "department," shall administer this chapter.

History:

[22-602, added 2000, ch. 295, sec. 2, p. 1012; am. 2001, ch. 147, sec. 1, p. 516.]
Idaho Code § 22-2725 — Idaho Code / Title 22 / Chapter 27 / Section 22-2725
22-2725 DISCONTINUANCE OF DISTRICTS.
Status: in_force

22-2725. Discontinuance of districts. (1) At any time after five (5) years after the organization of a district under the provisions of this chapter, any twenty-five (25) owners of land lying within the boundaries of such district may file a petition with the state soil and water conservation commission requesting that the operations of the district be terminated and the existence of the district discontinued. The commission may conduct such public meetings and public hearings upon such petition as may be necessary to assist it in the consideration thereof. Within sixty (60) days after such petition has been received by the commission, it shall give due notice to the county clerk of the holding of an election, subject to the provisions of section 34-106, Idaho Code, and the county clerk shall supervise the election, and issue appropriate regulations governing such election as are consistent with chapter 14, title 34, Idaho Code, the question to be submitted by ballots upon which the words "For terminating the existence of the …. (name of the soil conservation district to be here inserted)" shall appear, with a square before each proposition and a direction to mark the ballot as the voter may favor or oppose discontinuance of such district. All qualified electors who reside within the proposed district shall be eligible to vote in said election. No informalities in the conduct of the election or in any matters relating thereto shall invalidate the election or the result thereof if notice thereof shall have been given substantially as herein provided and the election shall have been fairly conducted.

(2) The commission shall publish the result of the election and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the continued operation of such district is administratively practicable and feasible, it shall record such determination and deny the petition. If the commission determines that the continued operation of such district is not administratively practicable and feasible, it shall record such determination and shall certify such determination to the supervisors of the district. In making such determination the commission shall give due regard and weight to the attitudes of the owners of lands lying within the district, the number of residents eligible to vote in the election who shall have voted, the proportion of the votes cast in the election in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the landowners of the district, the probable expense of carrying on such erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in section 22-2716, Idaho Code, provided however, that the commission shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the election shall have been cast in favor of the continuance of such district.

(3) Upon receipt from the state soil and water conservation commission of a certificate that the commission has determined that the continued operation of the district is not administratively practicable and feasible pursuant to the provisions of this section, the supervisors shall forthwith proceed to terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be covered into the state treasury. The supervisors shall thereupon file an application duly verified, with the secretary of state for the discontinuance of such district, and shall transmit with such application the certificate of the state soil and water conservation commission setting forth the determination of the commission that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this section provided and shall set forth a full accounting of such properties and proceeds of the sale. The secretary of state shall issue to the supervisors a certificate of dissolution and shall record such certificate in an appropriate book of record in his office.

(4) Upon issuance of a certificate of dissolution under the provisions of this section, all contracts theretofore entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The state soil and water conservation commission shall be substituted for the district or supervisors as party to such contracts.

(5) The state soil and water conservation commission shall not entertain petitions for the discontinuance of any district nor conduct elections upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this chapter, more often than once in five (5) years.

History:

[22-2725, added 1957, ch. 218, sec. 11, p. 476; am. 1995, ch. 118, sec. 10, p. 437; am. 2009, ch. 341, sec. 5, p. 997; am. 2010, ch. 279, sec. 10, p. 736; am. 2010, ch. 279, sec. 11, p. 737.]
Idaho Code § 22-914 — Idaho Code / Title 22 / Chapter 9 / Section 22-914
22-914 SEPARABILITY.
Status: in_force

22-914. Separability. If any part of this act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this act. The legislature hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be declared unconstitutional.

History:

[22-914, added 1941, ch. 32, sec. 15, p. 72.]
Idaho Code § 22-618 — Idaho Code / Title 22 / Chapter 6 / Section 22-618
22-618 VIOLATIONS.
Status: in_force

22-618. Violations. It is unlawful for any person to:

(1) Distribute a misbranded fertilizer;

(2) Fail, refuse or neglect to place upon or attach to each container of distributed fertilizer a label containing the information required by this chapter;

(3) Fail, refuse or neglect to deliver to a purchaser of bulk fertilizer a statement containing the information required by this chapter;

(4) Distribute a fertilizer which has not been registered with the department;

(5) Distribute a fertilizer containing viable seeds unless serving a desirable purpose and appropriately labeled;

(6) Distribute an adulterated fertilizer;

(7) Distribute a fertilizer weighing less than that which it is purported to weigh;

(8) Distribute a fertilizer different from the guaranteed analysis purported on the label; or

(9) Fail or refuse to provide, keep or maintain records and information as required by this chapter.

History:

[22-618, added 2000, ch. 295, sec. 2, p. 1021.]
Idaho Code § 22-104 — Idaho Code / Title 22 / Chapter 1 / Section 22-104
22-104 AGRICULTURE DEPARTMENT INSPECTION ACCOUNT — OTHER ACCOUNTS.
Status: in_force

22-104. Agriculture department inspection account — Other accounts. (1) All moneys received by the department of agriculture for any inspection, which the department by law may be authorized or required to make, except those moneys specifically received for and credited to another account or accounts, shall be credited to the agriculture department inspection account, which is hereby created in the treasury of the state of Idaho.

(2) Moneys received by the division of animal industries for sales of licenses, for inspections or fines shall be deposited to the livestock disease control and T.B. indemnity account.

(3) Moneys received by the department of agriculture under the bonded warehouse law and the weightmaster's licensing act shall be deposited to the credit of the general account.

History:

[22-104, added 1974, ch. 18, sec. 2, p. 364; am. 1988, ch. 115, sec. 1, p. 212.]
Idaho Code § 22-4712 — Idaho Code / Title 22 / Chapter 47 / Section 22-4712
22-4712 BONDS OF AGENTS AND EMPLOYEES.
Status: in_force

22-4712. Bonds of agents and employees. The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this act.

History:

[22-4712, added 1996, ch. 216, sec. 1, p. 707.]
Idaho Code § 22-2624 — Idaho Code / Title 22 / Chapter 26 / Section 22-2624
22-2624 INDUCING BREACH OF MARKETING CONTRACT — SPREADING FALSE REPORTS ABOUT FINANCES OR MANAGEMENT — PENALTIES.
Status: in_force

22-2624. Inducing breach of marketing contract — Spreading false reports about finances or management — Penalties. Any person or persons or any corporation whose officers or employees knowingly induces or attempts to induce any member or stockholder of an association organized hereunder to breach his marketing contract with the association, or who maliciously and knowingly spreads false reports about the finances or management thereof shall be guilty of a misdemeanor and subject to a fine of not less than $100 and not more than $500 for such offense and shall be liable to the association aggrieved in a civil suit in the penal sum of $500 for each offense.

History:

[(22-2624) 1921, ch. 124, sec. 24, p. 298; I.C.A., sec. 22-2024.]
Idaho Code § 22-616 — Idaho Code / Title 22 / Chapter 6 / Section 22-616
22-616 “STOP SALE” ORDERS.
Status: in_force

22-616. "Stop sale" orders. The department may issue and enforce a written or printed "stop sale, use, or removal" order to the distributor, owner or custodian of any fertilizer and hold the fertilizer, or order it held, at a designated place when the department finds the fertilizer is being offered for sale in violation of this chapter, until the law has been complied with and the fertilizer is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. The owner or custodian of any fertilizer that has been issued a "stop sale, use, or removal" order shall remedy the violations within ninety (90) days, unless the department grants a written extension. The department shall release the fertilizer so withdrawn when the requirements of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

History:

[22-616, added 2000, ch. 295, sec. 2, p. 1021; am. 2001, ch. 147, sec. 7, p. 522.]
Idaho Code § 22-1510 — Idaho Code / Title 22 / Chapter 15 / Section 22-1510
22-1510 REVIEW OF ACTION TAKEN UNDER PROVISIONS OF LAW.
Status: in_force

22-1510. Review of action taken under provisions of law. Any person, firm, partnership, association or corporation aggrieved by any act or action taken under the provisions of this chapter law may, within thirty (30) days of such act or action, appeal to the district court within and for the district in which said act or action was committed for appropriate relief. It is further provided that any order or judgment of the district court pertaining to such appeal may be appealed to the Supreme Court of the state of Idaho in the manner in which appeals are made under the present code and procedure, provided, however, that on the appeal to the Supreme Court, the Supreme Court shall consider only questions of law.

History:

[(22-1510) 22-1110, added 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 2005, ch. 25, sec. 21, p. 93.]
Idaho Code § 22-4905 — Idaho Code / Title 22 / Chapter 49 / Section 22-4905
22-4905 DESIGN AND CONSTRUCTION.
Status: in_force

22-4905. Design and construction. Each new beef cattle animal feeding operation and each modified beef cattle animal feeding operation shall design and construct all new and modified wastewater storage and containment facilities in accordance with the engineering standards and specifications provided by the natural resource conservation service or the American society of agricultural engineers (ASAE) or other equally protective standard approved by the director. The department's review and approval of plans under this section shall supersede the Idaho department of environmental quality's implementation of plan and specification review and approval provided under section 39-118, Idaho Code. Such design and construction shall be considered a best management practice.

History:

[22-4905, added 2000, ch. 63, sec. 1, p. 141; am. 2001, ch. 103, sec. 9, p. 263.]
Idaho Code § 22-307 — Idaho Code / Title 22 / Chapter 3 / Section 22-307
22-307 REVENUE FOR FAIR PURPOSES.
Status: in_force

22-307. Revenue for fair purposes. Aside from the revenue derived from annual fairs or other exhibitions conducted, the necessary revenue shall be raised as follows: The board of directors shall meet the second week of November of each year, and shall make a budget of the amounts required in the conduct of the affairs of the district, for the current year. Included in the budget shall be an appropriation from the various counties forming the district. Each county's assessment shall be determined by a formula, based upon population and assessed valuation. The board of directors shall certify to each board of county commissioners the amount of said budget, and the amount of revenue to be received from each county and shall file a copy thereof with the clerk of the board of county commissioners of each of the counties in said district, on or before the second week of December of each year. The respective boards of county commissioners of the counties comprising said district, shall meet in joint assembly with the directors of the fair district in January of each year, and shall at said meeting organize by electing a chairman and vice chairman and shall jointly consider the budget proposed by the board of directors of the district, and shall give such approval or make such recommendations as to them may seem proper and desirable; grant to the board of directors of the district such authority in connection with the proposed expenditures, as said commissioners, by a majority vote may decide, pass resolutions or adopt bylaws that may be necessary for the conduct of said fair, such action to be certified back to the respective counties by the board of directors of the fair district.

A majority vote shall be the vote of a majority of the commissioners present at said meeting, and said majority vote shall be binding upon the respective boards of commissioners of all the counties belonging to said district. If the county commissioners shall fail to hold such joint meeting, or shall fail to take any action, then the budget as prepared by the directors of the fair district shall be, without further action, deemed approved, and the sums of money apportioned to the respective counties in the district shall be the sums to be raised by special levy for said purpose. For the purpose of raising the aforesaid revenues, the board of county commissioners of each county in the district shall annually make a levy to raise the required sum apportioned to the respective counties, provided, however, that the said levy shall not exceed five thousandths percent (.005%) of the market value for assessment purposes on all of the taxable property in the county, the proceeds of which tax shall be paid into the treasury of the fair district and used for any purpose authorized by this act.

History:

[(22-307) 1925, ch. 131, sec. 7, p. 185; am. 1927, ch. 70, sec. 3, p. 86; I.C.A., sec. 22-307; am. 1941, ch. 167, sec. 2, p. 334; am. 1975, ch. 7, sec. 2, p. 11; am. 1976, ch. 45, sec. 27, p. 141; am. 1979, ch. 63, sec. 1, p. 167; am. 1995, ch. 82, sec. 3, p. 220; am. 1996, ch. 48, sec. 3, p. 142.]
Idaho Code § 22-2010 — Idaho Code / Title 22 / Chapter 20 / Section 22-2010
22-2010 CONTROL ORDERS — CONTROL OF NUISANCES — LIENS AND COST RECOVERY.
Status: in_force

22-2010. Control orders — Control of nuisances — Liens and cost recovery. (1) If upon any complaint or inspection, there is found any pest injurious to plants, or an imminent potential threat of any pests injurious to any plants, the director shall notify the owner or the person in charge or in possession of such places, fields, plants or other articles. The director shall issue a control order requiring such owner or person to control said injurious pests or to take such steps as may be necessary to remove the imminent potential threat of pests within a reasonable time to be specified. The control order shall be served in person or in writing, or it may be served in the same manner as a summons in a civil action, on the owner or person owning or in charge or in possession of such infested places, rights-of-way, fields or plants.

(2) If the owner or person in charge of any property on which there are plants or other articles infested with any pest thereof, or any article known to be a host of a pest, after having been issued a control order to control such pests or articles, shall fail, neglect or refuse to do so, then all such property, plants and articles are declared to be a public nuisance and shall be proceeded against as such. When such nuisance shall exist on any property within the state, the department shall cause such nuisance to be controlled at once by disinfecting or destroying the infested articles or host material. The expense of such proceedings shall be paid for by the state pursuant to section 22-2019, Idaho Code, subject to the provisions of subsection (3) of this section.

(3) All sums so paid for carrying out the provisions of this section shall be a legal charge against such property and if not paid within thirty (30) days from the time when demand therefor is first made upon the owner of such property by the department controlling such nuisance, shall be certified by the said department to the tax collector of the county wherein the property is situated and thereafter shall constitute a lien upon such property and such sum shall be added by said tax collector to the general taxes assessed against said property which becomes due the next year thereafter and shall be collected by him in the same manner and with the same penalties as such other taxes. Nothing contained in this section shall be construed to require satisfaction of the obligation imposed hereby in whole or in part from the sale of property or to bar the application of any other or additional remedy otherwise available. Amounts collected under this subsection shall be paid into the state treasury and credited to the general fund.

History:

[22-2010, added 2002, ch. 89, sec. 2, p. 217.]
Idaho Code § 22-3308 — Idaho Code / Title 22 / Chapter 33 / Section 22-3308
22-3308 MEETINGS OF COMMISSION.
Status: in_force

22-3308. Meetings of commission. The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman or upon the written request of two (2) or more commission members. The chairman may call special meetings of the commission at any time or place.

History:

[22-3308, added 1959, ch. 6, sec. 8, p. 13; am. 2012, ch. 77, sec. 5, p. 224.]
Idaho Code § 22-2617 — Idaho Code / Title 22 / Chapter 26 / Section 22-2617
22-2617 MARKETING CONTRACT.
Status: in_force

22-2617. Marketing contract. The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association or any facilities to be created by the association. The contract may provide that the association may sell or resell the products of its members, with or without taking title thereto; and pay over to its members the resale price, after deducting all necessary selling, overhead and other costs and expenses, and reserves for retiring the stock, if any; and other proper reserves; and interest upon common stock.

The bylaws and the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of products; and may further provide that the member will pay all costs, premiums for bonds, expenses and fees in case any action is brought upon the contract by the association; and any such provisions shall be valid and enforceable in the courts of this state.

In the event of any such breach or threatened breach of such marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract, and to a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member.

History:

[(22-2617) 1921, ch. 124, sec. 17, p. 298; I.C.A., sec. 22-2017; am. 2019, ch. 49, sec. 2, p. 135.]
Idaho Code § 22-2905 — Idaho Code / Title 22 / Chapter 29 / Section 22-2905
22-2905 THE REGENTS OF THE UNIVERSITY OF IDAHO — POWERS AND DUTIES.
Status: in_force

22-2905. The regents of the University of Idaho — Powers and duties. The regents of the University of Idaho are hereby authorized and directed to establish within the state of Idaho a bean growing experiment station, and in their name to purchase or otherwise acquire, equip, improve, operate, conduct and maintain, a farm, suitable and adapted for growing beans in connection with and for the purpose of conducting and carrying on experiments and experimental work to improve the quality of beans, to insure the purity of seed beans, and to develop new and better types of beans and methods of bean culture and utilization. Information and results of such experiments and experimental work shall from time to time be made available to and disseminated by bulletins or other suitable means, to all growers of beans and others within the state of Idaho, who may be interested in the same. The bean growing experiment station is authorized to establish such field experiment substations as in the judgment of the regents of the University of Idaho, may be necessary.

The regents of the University of Idaho are empowered and authorized, in their name, to purchase or otherwise acquire, lands and facilities and also accept gifts of land and/or facilities, or other donations as may be made to them for the purposes of this act.

History:

[22-2905, added 1949, ch. 178, sec. 5, p. 375.]
Idaho Code § 22-3517 — Idaho Code / Title 22 / Chapter 35 / Section 22-3517
22-3517 PAYMENT OF ASSESSMENT — DISPOSITION OF RECEIPTS.
Status: in_force

22-3517. Payment of assessment — Disposition of receipts. (1) The assessment imposed in this act shall be paid by the first purchaser to the commission. The commission shall receipt the purchaser thereof and promptly deposit the moneys in a bank account in the name of the Idaho pea and lentil commission. The commission may adopt, rescind, modify and amend regulations not inconsistent with this act, related to the payment and collection of the assessment provided for in the act.

(2) All moneys received under the provisions of this act shall be paid to the Idaho pea and lentil commission to be deposited into a bank account in the name of the Idaho pea and lentil commission and made available for defraying the expenses or repaying indebtedness of the commission in carrying out the provisions of this act.

(3) All salaries, costs and expenses incurred by the commission in performing its duties and the exercise of its powers under this act shall be paid out of such bank account of the Idaho pea and lentil commission.

(4) All moneys received by the commission from any source, except the amount of cash kept for each day's needs, shall be deposited as soon as possible in one (1) or more separate accounts in the name of the commission in one (1) 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.

(5) 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 the check or other order, shall be kept.

History:

[22-3517, added 1965, ch. 106, sec. 17, p. 192; am. 1971, ch. 23, sec. 5, p. 54.]
Idaho Code § 22-1917 — Idaho Code / Title 22 / Chapter 19 / Section 22-1917
22-1917 SEVERABILITY.
Status: in_force

22-1917. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

History:

[22-1917, added 2008, ch. 387, sec. 1, p. 1067.]
Idaho Code § 22-625 — Idaho Code / Title 22 / Chapter 6 / Section 22-625
22-625 STATEMENTS OF UNIFORM INTERPRETATION AND POLICY.
Status: in_force

22-625. Statements of uniform interpretation and policy. When not otherwise stated in this chapter or rule adopted under this chapter, the statements of uniform interpretation and policy as adopted in the annual Official Publication of the Association of American Plant Food Control Officials (AAPFCO) shall guide the department when making decisions in the areas covered by AAPFCO statements of uniform interpretation and policy.

History:

[22-625, added 2001, ch. 147, sec. 9, p. 523.]
Idaho Code § 22-2616 — Idaho Code / Title 22 / Chapter 26 / Section 22-2616
22-2616 REFERENDUM.
Status: in_force

22-2616. Referendum. Upon demand of one-third (1/3) of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting: provided, however, that a special meeting may be called for the purpose.

History:

[(22-2616) 1921, ch. 124, sec. 16, p. 298; I.C.A., sec. 22-2016.]
Idaho Code § 22-3413 — Idaho Code / Title 22 / Chapter 34 / Section 22-3413
22-3413 CONTAINER DISPOSAL.
Status: in_force

22-3413. Container disposal. Partially full or empty pesticide containers shall be disposed of as prescribed by the Idaho department of environmental quality and in accordance with federal regulations.

History:

[22-3413, added 1976, ch. 190, sec. 2, p. 700; am. 2001, ch. 103, sec. 4, p. 260.]
Idaho Code § 22-605 — Idaho Code / Title 22 / Chapter 6 / Section 22-605
22-605 REGISTRATION OF PRODUCTS AND STORAGE FACILITIES.
Status: in_force

22-605. Registration of products and storage facilities. (1) Registration of products.

(a) Each separately identifiable fertilizer product except individual customer-formula mixes shall be registered by the person who manufactures or distributes fertilizer into or within the state of Idaho before being offered for sale, sold, or otherwise distributed into or within this state. Companies planning to mix customer-formula fertilizers shall include the statement "customer-formula mixes" or "CFM" on the registration application form. The application for registration shall be submitted to the department on forms furnished by the department and shall be accompanied by a nonrefundable fee of seventy-five dollars ($75.00) per separately identifiable fertilizer product. Upon approval by the department, a certificate of registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:

(i) The brand, grade and product name for each product;

(ii) The name and address of the registrant; and

(iii) A current label meeting the requirements of section 22-607, Idaho Code, for each product.

(b) A distributor is not required to register any fertilizer that is already registered under this chapter, as long as the label remains unchanged.

(c) If an application for renewal of the product registration provided for in this section is not postmarked by January 31, a penalty of ten dollars ($10.00) per product shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration certificate is issued.

(d) The department shall examine the fertilizer product registration application form and labels for conformance with the requirements of this chapter. If the application, information and appropriate labels are in proper form and contain all the required information, the fertilizer products shall be registered by the department and a certificate of registration shall be issued to the applicant. The department may refuse to register or cancel the registration of any fertilizer product in violation of any provision of this chapter.

(e) In reviewing the fertilizer product registration application, the department may consider experimental data, manufacturers' evaluations, data from agricultural experiment stations' product review evaluations, and other authoritative sources to substantiate labeling claims. The data shall be from statistically designed and analyzed trials representative of the soil, crops, and climatic conditions found in the northwestern area of the United States.

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

(g) Any waste-derived fertilizer distributed as a single-ingredient product or blended with other fertilizer ingredients must be identified as "waste-derived fertilizer" by the registrant in the application for registration.

(h) The registrant of a waste-derived fertilizer shall state in the application for registration the levels of nonnutritive metals including, but not limited to, arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb) and selenium (Se). The registrant shall provide a laboratory report or other documentation verifying the levels of the nonnutritive metals in the waste-derived fertilizer. The registrant shall provide a new laboratory report upon a change of any nutrient source containing waste-derived material.

(i) Any person distributing commercial fertilizer into or within Idaho to an Idaho registrant or a tonnage-only distributor must be a registrant or a tonnage-only distributor.

(j) If a product is found being offered for sale, sold, or otherwise distributed into or within Idaho prior to registration, the department is authorized to assess a penalty of twenty-five dollars ($25.00) on each product in addition to the annual registration fee as provided in this section.

(2) Registration of storage facilities.

(a) Distributors shall register each of their in-state storage facilities with the department. The application for registration shall be submitted to the department on forms furnished by the department and shall be accompanied by a nonrefundable fee of one hundred dollars ($100) per distributor. Upon approval by the department, a certificate of registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:

(i) The name and address of the registrant and location of storage facility;

(ii) Listing of storage containers by volume, per storage facility.

(b) If an application for renewal of the storage facility registration provided for in this section is not postmarked by January 31, a penalty of ten dollars ($10.00) per storage facility shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration certificate is issued.

(c) The department shall be notified of the installation of any additional storage container or containers to a storage facility within thirty (30) days of installation.

(d) If the department is not notified within thirty (30) days of the installation of any additional storage container or containers, a penalty of fifty dollars ($50.00) shall be assessed.

History:

[22-605, added 2000, ch. 295, sec. 2, p. 1015; am. 2001, ch. 147, sec. 4, p. 520; am. 2008, ch. 131, sec. 2, p. 369; am. 2022, ch. 27, sec. 2, p. 78.]
Idaho Code § 22-620 — Idaho Code / Title 22 / Chapter 6 / Section 22-620
22-620 USE OF FUNDS RECEIVED.
Status: in_force

22-620. Use of funds received. All moneys received by the director from the registration of various fertilizers and from the payment to him of moneys derived from the registration and inspection fees charged on such fertilizers, and moneys collected for a violation(s) of this chapter or rules promulgated thereunder, 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 commercial feed and fertilizer fund are continuously appropriated for the purposes of carrying out the provisions of this chapter.

History:

[22-620, added 2000, ch. 295, sec. 2, p. 1022; am. 2008, ch. 131, sec. 7, p. 374.]
Idaho Code § 22-202A — Idaho Code / Title 22 / Chapter 2 / Section 22-202A
22-202A DESIGNATION OF COUNTY FAIR BOARD AS ADVISORY BODY.
Status: in_force

22-202A. Designation of county fair board as advisory body. In counties with a population of two hundred thousand (200,000) persons or more, the board of county commissioners may provide by ordinance that the county fair board shall function as an advisory board to the board of county commissioners. If such an ordinance is adopted, the board of county commissioners shall retain and may exercise the powers, duties, and responsibilities otherwise charged to the county fair board by the provisions of this chapter. Any such ordinance shall set forth the powers, duties, responsibilities, compensation, and terms of office of the county fair board and may provide for any such other rules and regulations under which the county fair board shall advise the board of county commissioners and conduct its operations. Any such ordinance may be repealed at any time, and if repealed, the provisions of this chapter shall apply as if no such ordinance had been adopted. The provisions of this section shall not be applicable to fair districts in two (2) or more counties organized pursuant to chapter 3, title 22, Idaho Code.

History:

[22-202A, added 1989, ch. 234, sec. 1, p. 571; am. 1993, ch. 210, sec. 1, p. 571.]
Idaho Code § 22-3513 — Idaho Code / Title 22 / Chapter 35 / Section 22-3513
22-3513 ESTABLISHMENT OF ADMINISTRATOR'S OFFICE.
Status: in_force

22-3513. Establishment of administrator's office. For the convenience of the majority of those most likely to be affected in the administration of this act, the commission may establish and maintain an office for the administrator within the state of Idaho.

History:

[22-3513, added 1965, ch. 106, sec. 13, p. 192.]
Idaho Code § 22-3704 — Idaho Code / Title 22 / Chapter 37 / Section 22-3704
22-3704 COMMISSION MEMBERS — NOMINATION AND APPOINTMENT.
Status: in_force

22-3704. commission members — nomination and appointment. (1) The commission shall consist of five (5) members appointed by the governor following nomination. Three (3) members shall be growers and two (2) members shall be dealers.

(2) Members shall serve for a term of three (3) years. On and after the effective date of this act, terms that are currently held by the commission members shall expire and be filled on the following schedule: one (1) dealer term shall expire on July 1, 2015, one (1) dealer term shall expire on July 1, 2016, one (1) grower term shall expire on July 1, 2015, one (1) grower term shall expire on July 1, 2016, and one (1) grower term shall expire on July 1, 2017.

(3) Members of the commission may not serve more than two (2) consecutive terms. Upon serving two (2) consecutive terms and the lapse of one (1) full term, such member may again be nominated and appointed to the commission.

(4) Meetings shall be held for the selection of member nominees prior to expiration of a member's term and shall be held prior to March 31 of the year an appointment is to be made. In seeking nominations for a grower member, the commission shall conduct meetings at such times and places as determined by the commission during which time growers shall nominate two (2) qualified growers at large for each expiring member term. In seeking nominations for a dealer member, the commission shall conduct meetings at such times and places as determined by the commission, during which time dealers shall nominate two (2) qualified dealers at large for each expiring member term. Notice of the meetings for the nominations of growers and dealers shall be by publication in a newspaper of general circulation in any county in which a meeting is to be held and shall be published in two (2) issues of such newspaper, the first approximately thirty (30) days and the second approximately ten (10) days before said meeting. The notice shall state the purpose, time and place of said meeting.

(5) In the event there are vacancies in the commission through death, resignation or removal, it shall be the duty of the growers and dealers as provided in this section to submit to the governor at least two (2) qualified names for each grower vacancy and two (2) qualified names for each dealer vacancy. The governor shall make the appointment to fill the vacancy.

History:

[22-3704, added 2015, ch. 156, sec. 4, p. 546.]
Idaho Code § 22-3414 — Idaho Code / Title 22 / Chapter 34 / Section 22-3414
22-3414 INSPECTION.
Status: in_force

22-3414. Inspection. (1) For the purpose of carrying out the provisions of this act the director may enter on any public or private premises at reasonable times in order to have access for the purpose of observing the use and application of pesticides, inspecting records that are required to be maintained by this act, chemigation equipment and standards, chemical use for chemigation, spraying equipment, storage facilities, disposal areas, investigating complaints of injury, inspection and sampling of land and sampling pesticides being distributed, offered for sale, applied or to be applied. The department shall conduct annual chemigation system inspections to assure the effectiveness of the chemigation system from keeping chemicals out of surface and ground water.

(2) Should the director be denied access to any land where such access was sought for the purposes set forth in this act, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may, upon such application, issue the search warrant for the purposes requested.

History:

[22-3414, added 1976, ch. 190, sec. 2, p. 700; am. 1999, ch. 69, sec. 12, p. 189; am. 2024, ch. 52, sec. 4, p. 266.]
Idaho Code § 22-3102 — Idaho Code / Title 22 / Chapter 31 / Section 22-3102
22-3102 DECLARATION OF POLICY AND PURPOSE OF ACT.
Status: in_force

22-3102. Declaration of policy and purpose of act. It is hereby declared, as a matter of legislative determination, that economic waste is being fostered in the hop industry of the state of Idaho by the lack of proper advertising and dissemination of information necessary for the development and promotion of the sale of hops grown in the state of Idaho and by the lack of facilities and funds for research on marketing of and markets for hops and for research to improve the quality of hops, to develop and improve control of measures for diseases and pests which attack hops, to improve hop growing culture and to disseminate information to the growers; that hop producing areas in other states are promulgating advertising and promotion campaigns for their products throughout the United States and foreign countries to the extent that hops of this state must be advertised to be able to retain their place on the markets of the United States and foreign countries; and that it is in the interest of the public welfare and general prosperity of the state of Idaho that this avoidable and unnecessary loss of markets to other producing areas be eliminated by the advertising of hops grown in the state of Idaho and that the growers have at their disposal all available information on the best and most advanced methods of growing, harvesting and marketing hops. The purpose of this act is to promote the general welfare of our people by increasing the production of and expanding the market for hops grown in the state of Idaho.

History:

[22-3102, added 1955, ch. 224, sec. 2, p. 489.]
Idaho Code § 22-908 — Idaho Code / Title 22 / Chapter 9 / Section 22-908
22-908 BRANDS.
Status: in_force

22-908. Brands. When potatoes are packed in containers, such containers shall be branded, marked, labeled, or stenciled in a plain and legible manner with the name of the grade as hereinbefore provided for and to which such potatoes conform. When the containers contain one hundred (100) pounds or more, such brands, marks, labels, or stencils shall be in two (2) inch or larger block type letters, but when the containers contain less than one hundred (100) pounds, the brands, marks, labels, or stencils may be in proportion to the size of the container.

The brands, marks, labels, or stencils shall be branded in a color or colors to contrast with the color of the container, and shall be on the same side of the bag or container as the private brand or other printing on the container, and shall be in such position as to be readily legible with the other printed matter or design on the container. On one hundred (100) pound bags, the grade designation shall not be nearer than six (6) inches to the top or bottom of the bag; on bags containing less than one hundred (100) pounds, the grade designation shall be placed in position in proportion relatively to the one hundred (100) pound bag.

History:

[22-908, added 1941, ch. 32, sec. 8, p. 72.]
Idaho Code § 22-703 — Idaho Code / Title 22 / Chapter 7 / Section 22-703
22-703 SALE OF GRADED AND UNGRADED PRODUCTS.
Status: in_force

22-703. Sale of graded and ungraded products. Whenever any standard for the grade or other classification of any farm product becomes effective under this chapter, no person thereafter shall pack for sale, offer to sell, or sell within this state any such farm product to which such standard is applicable unless it conforms to the standard, subject to such reasonable variations therefrom as may be allowed pursuant to the rules promulgated in accordance with this chapter or allowed pursuant to chapter 2, title 37, Idaho Code. A farm product may be packed for sale, offered for sale, or sold without conformity to the standard or grade or other classification applicable thereto when such product will be consumed or used for manufacturing purposes wholly within this state, if it is not specifically described as state graded or packed under state standard, in accordance with such regulations as the department of agriculture may prescribe.

History:

[(22-703) 1917, ch. 24, sec. 1m, p. 64; reen. C.L. 79:12; am. 1919, ch. 165, sec. 1, p. 533; C.S., sec. 2033; I.C.A., sec. 22-703; am. 2026, ch. 91, sec. 2, p. 506.]
Idaho Code § 22-2407 — Idaho Code / Title 22 / Chapter 24 / Section 22-2407
22-2407 LANDOWNER AND CITIZEN DUTIES.
Status: in_force

22-2407. Landowner and citizen duties. (1) It shall be the duty and responsibility of all landowners to control noxious weeds on their land and property, in accordance with this chapter and with rules promulgated by the director.

(2) The cost of controlling noxious weeds shall be the obligation of the landowner.

(3) Noxious weed control must be for prevention, eradication, rehabilitation, control or containment efforts. However, areas may be modified from the eradication requirement if the landowner is a participant in a county-approved weed management plan or county-approved cooperative weed management area.

(4) The landowner shall reimburse the county control authority for work done because of failure to comply with a five (5) day notice, as outlined in section 22-2405, Idaho Code.

(5) If an article is infested with noxious weeds, it shall not be moved from designated premises until it is treated in accordance with the applicable rules, or in accordance with the written permission of a control authority.

History:

[(22-2407) 1970, ch. 149, sec. 2, p. 448; am. 1974, ch. 18, sec. 62, p. 364; am. 1981, ch. 309, sec. 3, p. 635; am. 1987, ch. 331, sec. 2, p. 691; am. and redesignated 1989, ch. 298, sec. 2, p. 731; am. and redesig. 1993, ch. 247, sec. 10, p. 867; am. 2006, ch. 225, sec. 5, p. 675.]
Idaho Code § 22-1214 — Idaho Code / Title 22 / Chapter 12 / Section 22-1214
22-1214 LIBERAL CONSTRUCTION — SEPARABILITY.
Status: in_force

22-1214. Liberal construction — Separability. 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 person, circumstance or thing shall not be affected thereby, and it is the intention of the legislature to preserve any and all parts of said act if possible.

History:

[22-1214, added 1939, ch. 172, sec. 15, p. 312.]
Idaho Code § 22-904 — Idaho Code / Title 22 / Chapter 9 / Section 22-904
22-904 IDAHO UTILITY.
Status: in_force

22-904. Idaho Utility. Idaho Utility potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics and shall be not less than one and one-half (1 1/2) inches in diameter and which are free from freezing injury, blackheart, and soft rot or wet breakdown, and from serious damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, air cracks, internal disorders, cuts, shriveling, scab, blight, dry rot, other disease, insects or mechanical or other means.

In order to allow for variations other than size incident to proper grading and handling, not more than six percent (6%) of the potatoes in any container may be below the requirement of the grade, but not to exceed one sixth (1/6) of this amount, or one percent (1%), shall be allowed for potatoes affected by soft rot or wet breakdown. In addition, not more than three percent (3%) may be below the prescribed minimum size and not more than five percent (5%) in addition may be seriously damaged by internal disorders.

History:

[22-904, added 1941, ch. 32, sec. 4, p. 72; am. 1970, ch. 175, sec. 4, p. 505.]
Idaho Code § 22-2730 — Idaho Code / Title 22 / Chapter 27 / Section 22-2730
22-2730 RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT FUND CREATED.
Status: in_force

22-2730. Resource conservation and rangeland development fund created. (1) There is hereby created in the state treasury a fund to be known as the Idaho resource conservation and rangeland development fund, which shall consist of all moneys which may be appropriated to it by the legislature or made available to it from federal, private or other sources. The state treasurer is directed to invest all unobligated moneys in the fund. All interest and other income accruing from such investments shall accrue to the fund. The state soil and water conservation commission may expend from the fund such sums as it shall deem necessary for any of the conservation improvements, projects and programs provided for under this chapter under such terms and conditions provided for in the commission's rules and the water quality program for agriculture.

(2) The state soil and water conservation commission shall establish a priority list for conservation improvements, projects and the water quality program for agriculture. The priority list shall be used as the method for allocation of funds loaned under this chapter.

History:

[22-2730, added 1985, ch. 116, sec. 1, p. 240; am. 1992, ch. 270, sec. 4, p. 839; am. 1999, ch. 137, sec. 3, p. 388; am. 2003, ch. 107, sec. 7, p. 344; am. 2010, ch. 279, sec. 13, p. 739.]
Idaho Code § 22-3410 — Idaho Code / Title 22 / Chapter 34 / Section 22-3410
22-3410 RECIPROCITY.
Status: in_force

22-3410. Reciprocity. The director may at his discretion issue a license or permit without examination to a nonresident who is licensed or certified in another jurisdiction where the requirements are substantially in accordance with the provisions of this act.

History:

[22-3410, added 1976, ch. 190, sec. 2, p. 700.]
Idaho Code § 22-2919 — Idaho Code / Title 22 / Chapter 29 / Section 22-2919
22-2919 DEPOSIT AND DISBURSEMENT OF FUNDS.
Status: in_force

22-2919. Deposit and disbursement of funds. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.

(2) No moneys shall be withdrawn 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. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission.

(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.

(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house of representatives agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.

(5) All moneys received or expended by the commission shall be audited biennially by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house of representatives agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.

(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.

History:

[22-2919, added 1988, ch. 51, sec. 2, p. 75; am. 1993, ch. 327, sec. 7, p. 1200; am. 1994, ch. 180, sec. 22, p. 436; am. 1996, ch. 159, sec. 8, p. 512; am. 2003, ch. 32, sec. 7, p. 120; am. 2006, ch. 364, sec. 1, p. 1101.]
Idaho Code § 22-624 — Idaho Code / Title 22 / Chapter 6 / Section 22-624
22-624 SEVERABILITY.
Status: in_force

22-624. Severability. If any clause, sentence, paragraph, or part of this chapter is judged invalid by any court of competent jurisdiction, the judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its operation to the clause, sentence, paragraph, or part of the chapter directly involved in the controversy in which the judgment has been rendered.

History:

[22-624, added 2000, ch. 295, sec. 2, p. 1023.]
Idaho Code § 22-2016 — Idaho Code / Title 22 / Chapter 20 / Section 22-2016
22-2016 PROHIBITED ACTIVITY — PERMITS — EXPORT CERTIFICATION AND COMPLIANCE AGREEMENTS — NONINDIGENOUS PLANT PEST SPECIES.
Status: in_force

22-2016. Prohibited activity — Permits — Export certification and compliance agreements — Nonindigenous plant pest species. (1) The shipment, introduction into or release within this state of any plant pest, biocontrol agent, or genetically engineered plant or plant pest, or any other organism which may directly or indirectly affect the plant life of this state as an injurious pest, parasite or predator of other organisms, or any arthropod, is prohibited, except under permit issued by the department, or as exempted by rule.

(2) Permits:

(a) Permits for shipment of plant pests. No person may sell, offer for sale, move, convey, transport, deliver, ship or offer for shipment, any plant pest or biological control agent, without an application and permit to move live plant pests and noxious weeds, PPQ Form 526, supplements thereto, published by the U.S. department of agriculture, animal and plant health inspection service, plant protection and quarantine, or any publication revising or superseding the aforementioned, or its state equivalent. Permits may be issued only after the director determines that the proposed shipment or use will not create a hazard to the agricultural, forest or horticultural interests of this state or to the state's general environmental quality. The permit shall be affixed conspicuously and on the exterior of each shipping container, box, package, appliance, or accompany each shipping container, box, package or appliance, as the director requires.

(b) Biotechnology permits. The director may enter into cooperative agreements with the U.S. department of agriculture to provide oversight and regulation of genetically engineered plants or any organism that may be a plant pest. This includes reviewing U.S. department of agriculture biotechnology notifications and permits, inspection of facilities conducting agricultural biotechnology and field release sites.

(c) Interstate origin inspection and preclearance permits (compliance agreements). The director may issue permits for interstate origin and preclearance of quarantine articles based on pest risk mitigation tactics or strategies that can be enforced at the point of origin of the shipment. Interstate origin inspection programs can be developed to achieve compliance with quarantine restrictions, regulated nonquarantine pest restrictions and product quality standards.

(3) Export certification and compliance agreements. The director has the authority to enter into compliance agreements for the purpose of certifying articles as pest free for export certification.

(4) A nonindigenous plant pest species known or not known to occur in the state of Idaho may not be granted entry into the state unless issued a written permit by the director. Permits shall contain such conditions and measures as the director may see fit to prevent the species from becoming established or further established within the state.

History:

[22-2016, added 2002, ch. 89, sec. 2, p. 221.]
Idaho Code § 22-3802 — Idaho Code / Title 22 / Chapter 38 / Section 22-3802
22-3802 LEGISLATIVE INTENT — RESEARCH AND ADVERTISING.
Status: in_force

22-3802. Legislative intent — Research and advertising. It is hereby declared, as a matter of legislative determination, that economic waste threatens the mint industry of the state of Idaho by the lack of facilities and funds for research to develop and improve control measures for diseases and pests which attack mint, to improve mint growing culture and to disseminate information to the growers, and by the lack of proper advertising and dissemination of information necessary for the development and promotion of mint and essential oils grown in the state of Idaho; and that it is in the interest of the people, welfare and general prosperity of the state of Idaho that this avoidable economic waste be eliminated by the growers having at their disposal all available information on the best and most advanced methods of culture, growing, harvesting and marketing of mint and essential oils. The purpose of this act is to promote the general welfare of our people by improving the culture and production of and expanding the market for mint and essential oils grown in the state of Idaho.

History:

[22-3802, added 1969, ch. 49, sec. 2, p. 126.]
Idaho Code § 22-107 — Idaho Code / Title 22 / Chapter 1 / Section 22-107
22-107 VOLUNTARY SERVICES FOR PUBLIC — FEES — APPROPRIATION OF MONEYS.
Status: in_force

22-107. Voluntary services for public — Fees — Appropriation of moneys. The department of agriculture may after notice and hearing provide by rule for voluntary services to be performed by it at the request of the public, such as developing and implementing services relating to hazard controls, good manufacturing practices, food safety manuals for packhouse operations, sanitation standards and operating procedures for producers and packers, laboratory analyses and testing, inspecting, grading, sampling and all similar things. It may also provide for reasonable fees for performing such voluntary services; the moneys derived from this activity shall be received and handled as provided for by sections 67-3609 and 67-3611, Idaho Code. The department of agriculture may also receive and use as directed any donations, grants or federal funds available for such purposes to be accounted for as prescribed by the state controller and any such moneys the department receives are hereby appropriated for the purpose for which they are received only, and may be spent for such purposes by the department of agriculture.

History:

[22-107, added 1974, ch. 18, sec. 2, p. 364; am. 1976, ch. 51, sec. 4, p. 170; am. 1994, ch. 180, sec. 14, p. 430; am. 2001, ch. 146, sec. 1, p. 515.]
Idaho Code § 22-4711 — Idaho Code / Title 22 / Chapter 47 / Section 22-4711
22-4711 COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS.
Status: in_force

22-4711. Commission accepting grants, donations and gifts. The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this chapter shall be paid into a bank account in the name of the Idaho oilseed commission and such moneys are hereby continuously appropriated and made available for defraying the expenses of the commission in carrying out the provisions of this chapter.

History:

[22-4711, added 1996, ch. 216, sec. 1, p. 707; am. 2007, ch. 60, sec. 9, p. 146.]
Idaho Code § 22-3803 — Idaho Code / Title 22 / Chapter 38 / Section 22-3803
22-3803 DEFINITIONS.
Status: in_force

22-3803. Definitions. Wherever used or referred to in this act:

(1) The term "commission" means the Idaho mint commission.

(2) The term "person" means individual, partnership, corporation, association, growers or any other business unit.

(3) The term "mint" means all the essential oils that are distilled from any variety of mint plant grown or extracted in the state of Idaho.

(4) The term "grower" means the actual producer of mint and essential oils.

(5) The term "handled in the primary channels of trade" means the time when any mint or essential oils are delivered under a sales contract or delivered for shipment or delivered for processing or consumption.

(6) The term "dealer" means and includes any person engaged in the business of buying, receiving, handling or selling mint or essential oils for profit or remuneration.

History:

[22-3803, added 1969, ch. 49, sec. 3, p. 126; am. 1996, ch. 91, sec. 1, p. 273.]
Idaho Code § 22-5303 — Idaho Code / Title 22 / Chapter 53 / Section 22-5303
22-5303 DEFINITIONS.
Status: in_force

22-5303. definitions. As used in this chapter, unless the context requires otherwise:

(1) "Board" means the Idaho wolf depredation control board;

(2) "Brand board" means the state brand board;

(3) "Director" means either the director of the department of agriculture or the director of the department of fish and game, as so designated;

(4) "Wolf" means the Canis lupus species.

History:

[22-5303, added 2014, ch. 188, sec. 2, p. 501.]
Idaho Code § 22-4706 — Idaho Code / Title 22 / Chapter 47 / Section 22-4706
22-4706 TERMS OF MEMBERS.
Status: in_force

22-4706. Terms of members. Beginning July 1, 1996, the first members of the commission shall be appointed by the governor for terms of one (1) to three (3) years each as follows: at-large member, one (1) year; southern district member, two (2) years; northern district member, three (3) years. At the expiration of their original terms, commission members shall be appointed for a term of three (3) years. No member shall serve more than two (2) consecutive full terms. Each member shall hold office until his successor is appointed and qualified. Appointments to fill vacancies shall be for the balance of the unexpired term.

History:

[22-4706, added 1996, ch. 216, sec. 1, p. 706.]
Idaho Code § 22-1102 — Idaho Code / Title 22 / Chapter 11 / Section 22-1102
22-1102 DEFINITIONS.
Status: in_force

22-1102. Definitions. In this chapter:

(1) "Director" means the director of the department of agriculture or the director's designee.

(2) "Food products" shall include all agricultural, horticultural, viticultural and vegetable products of the soil, apiary and apiary products, poultry and poultry products, livestock and livestock products, milk and dairy products and aquaculture products.

(3) "Handler" means any person engaged in the business of handling agricultural products, including producers who handle crops or livestock of their own production, except such term shall not include final retailers of agricultural products that do not process agricultural products.

(4) "Livestock" means any cattle, sheep, goat, swine, poultry, or equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; wild or domesticated game; or other nonplant life, except such term shall not include aquatic animals or bees for the production of food, fiber, feed, or other agricultural-based consumer products.

(5) "Organic certification seal" means the design approved by the director and which when imprinted or affixed on labels, packages or products, or used in advertising in any manner, shall signify that the standards and rules developed in accordance with the provisions of this chapter and all other conditions of the provisions of this chapter have been met.

(6) "Organic food product" means any food product that is marketed using the term organic, or any derivative of the term organic in its labeling or advertising. Organic foods are those processed, packaged, transported and stored to retain maximum nutritional value, without the use of artificial preservatives, coloring or other additives, irradiation, or synthetic pesticides.

(7) "Organically grown food products" means food products which are produced without the use of synthetically compounded fertilizers, pesticides, or growth regulators for a period not less than thirty-six (36) months prior to harvest. Organically grown food products are produced under the standards and rules established in accordance with the provisions of this chapter and by other qualified agencies.

(8) "Person" means an individual, partnership, corporation, association, cooperative, or other entity.

(9) "Producer" means a person who engages in the business of growing or producing food, fiber, feed, and other agricultural-based consumer products.

(10) "Vendor" means any person who sells organic food products to the consumer or another vendor.

History:

[22-1102, added 1990, ch. 145, sec. 1, p. 325; am. 1992, ch. 314, sec. 1, p. 936; am. 1994, ch. 99, secs. 2 & 3, p. 224 and 225; am. 1999, ch. 136, secs. 1 & 2, p. 383 and 384; am. 2001, ch. 75, sec. 2, p. 181; am. 2007, ch. 53, sec. 1, p. 124.]
Idaho Code § 22-1604 — Idaho Code / Title 22 / Chapter 16 / Section 22-1604
22-1604 PROSECUTION BY ATTORNEY GENERAL.
Status: in_force

22-1604. Prosecution by attorney general. If any person, firm, corporation or other organization shall violate any of the provisions of this chapter, upon complaint thereof by the department of agriculture to the attorney general, setting forth the violations of this chapter complained of, it shall be the duty of the attorney general to proceed in the name of the state of Idaho against such person, firm, corporation or other organization.

History:

[(22-1604) 1917, ch. 23, sec. 4, p. 63; reen. C.L. 79:34; C.S., sec. 2054; I.C.A., sec. 22-1204.]
Idaho Code § 22-1205 — Idaho Code / Title 22 / Chapter 12 / Section 22-1205
22-1205 ADMINISTRATION AND ENFORCEMENT OF ACT.
Status: in_force

22-1205. Administration and enforcement of act. The administration of this act shall be vested in the Idaho potato commission which shall have power to prescribe and enforce suitable and reasonable rules for the enforcement of the provisions thereof, and shall administer the taxes levied and imposed by this act. Said commission shall have power to cause its duly authorized agent or representative to enter upon the premises of any grower, dealer and/or handler of potatoes, and to examine or cause to be examined by any such agent or representative any of the following items: any books, papers, records, ledgers, purchase journals, sales journals, electronically and/or magnetically recorded data, computers and computer records or memoranda bearing on the amount of taxes payable or the correct usage of any Idaho trade or certification mark, and to secure all other information directly or indirectly concerned in the enforcement of this act.

History:

[22-1205, added 1939, ch. 172, sec. 5, p. 312; am. 1957, ch. 274, sec. 3, p. 632; am. 1969, ch. 213, sec. 4, p. 614; am. 1998, ch. 25, sec. 1, p. 140.]
Idaho Code § 22-3904 — Idaho Code / Title 22 / Chapter 39 / Section 22-3904
22-3904 PAYMENT REQUIREMENT.
Status: in_force

22-3904. Payment requirement. Payment need not be made under any assignment of dues pursuant to section 22-3901 until the dealer or processor has available and under his control funds owing to the grower or producer that are sufficient in amount for making the payment of the dues involved. In the case of an annual product, such payment need not be made until the end of the product year.

History:

[22-3904, added 1969, ch. 321, sec. 4, p. 745.]
Idaho Code § 22-1501 — Idaho Code / Title 22 / Chapter 15 / Section 22-1501
22-1501 CERTIFICATION OF SEEDS AND PLANTS — REGULATION OF CERTIFICATION TO BE IN PUBLIC INTEREST.
Status: in_force

22-1501. Certification of seeds and plants — Regulation of certification to be in public interest. Certification of varieties or strains of seeds, tubers, plants and plant parts raised in the state of Idaho and offered or intended to be offered for sale is in the public interest and a proper subject of regulation by the state of Idaho.

History:

[(22-1501) 22-1101, added 1990, ch. 413, sec. 2, p. 1144; am. and redesig. 2005, ch. 25, sec. 16, p. 92.]
Idaho Code § 22-2304 — Idaho Code / Title 22 / Chapter 23 / Section 22-2304
22-2304 STATE NURSERY AND FLORIST ADVISORY COMMITTEE.
Status: in_force

22-2304. State nursery and florist advisory committee. (1) In order to maintain close contact between the department and the nursery and florist industry, there is hereby created a state nursery and florist advisory committee which shall consist of six (6) members appointed by the director of the department of agriculture from a list provided by the Idaho nursery association. Said list will name at least two (2) persons as eligible for each vacancy on the committee. The term of each member shall be for three (3) years beginning on July 1 of the year of appointment. A member shall continue to serve until a successor is appointed and qualified. Vacancies in office shall be filled by appointment for the unexpired term.

(2) No member of the committee shall receive any salary or other compensation, but each member of the committee shall be reimbursed for each day spent in actual attendance in meetings of the committee at the same rate as is allowed state employees for travel expenses.

(3) The functions of the committee shall be to advise and counsel with the department in the administration of the provisions of this chapter.

(4) The committee shall meet at the call of the chairman or the director of the Idaho department of agriculture. A majority of the members present at any meeting shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the committee.

(5) At the first meeting after July 1 in each year, the committee shall select a chairman. The dean of the school of agriculture at the University of Idaho and the director of the Idaho department of agriculture, or their representatives, shall be ex-officio members without the right to vote.

History:

[(22-2304) added 1984, ch. 231, sec. 2, p. 555; am. and redesig. 1998, ch. 89, sec. 4, p. 307.]
Idaho Code § 22-2814 — Idaho Code / Title 22 / Chapter 28 / Section 22-2814
22-2814 CREDITING OF FUNDS.
Status: in_force

22-2814. Crediting of funds. All moneys which have heretofore been credited to the general fund under the provisions of this chapter are hereby transferred to the Idaho honey fund.

History:

[(22-2814) 22-2810, added 1951, ch. 62, sec. 3, p. 91; am. and redesig. 2012, ch. 123, sec. 10, p. 346; am. 2015, ch. 124, sec. 7, p. 315.]
Idaho Code § 22-1507 — Idaho Code / Title 22 / Chapter 15 / Section 22-1507
22-1507 MAINTENANCE OF SEED STOCKS.
Status: in_force

22-1507. Maintenance of seed stocks. The Idaho agricultural experiment station or an agent of the university of Idaho appointed, in writing, shall be responsible to obtain and maintain sources of basic seed stocks that include breeder class and foundation class seed of public varieties or strains of crops deemed appropriate by the director of the Idaho agricultural experiment station. Basic seed stocks, limited generation certified seed tubers, plants, or plant parts shall first be made available for production in Idaho. This shall be accomplished through a system of equitable allocation to any person, firm, partnership, association, corporation, or entity located in this state unless a contract or agreement entered into with another public research entity or institution provides otherwise. Price established for the basic seed stocks of seed, tubers, plants, or plant parts shall be in reasonable relation to the cost of production, maintenance, handling, storage, and processing necessary to meet standards set forth in the standards and requirements.

History:

[(22-1507) 22-1107, added 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 2005, ch. 25, sec. 20, p. 93; am. 2020, ch. 80, sec. 6, p. 172.]
Idaho Code § 22-803 — Idaho Code / Title 22 / Chapter 8 / Section 22-803
22-803 INSPECTION — CERTIFICATE OF INSPECTION.
Status: in_force

22-803. Inspection — Certificate of inspection. For enabling the director of the department of agriculture to investigate and certify to shippers and other interested parties the quality and condition of fruits, he shall, upon request of interested parties, inspect or cause to be inspected as to condition and grading by authorized inspectors, by him appointed, any or all fruits prepared or being prepared for shipment and is hereby authorized to issue certificates of inspection to said shippers or other interested parties, certifying as to the condition and grade of such fruits, under such rules and regulations as he may prescribe, including payment, by party requesting such inspection, of such fees as will be reasonable and as nearly as may be to cover the cost for services rendered. In carrying out the provisions of this chapter the director may cooperate with the United States department of agriculture or other inspection agencies.

History:

[(22-803) 1919, ch. 192, sec. 3, p. 575; C.S., sec. 2040; I.C.A., sec. 22-803; am. 1974, ch. 18, sec. 13, p. 364.]
Idaho Code § 22-109 — Idaho Code / Title 22 / Chapter 1 / Section 22-109
22-109 QUALITY ASSURANCE LABORATORY PROGRAM — MANDATORY ASSESSMENT REFERENDUM AUTHORITY.
Status: in_force

22-109. Quality assurance laboratory program — Mandatory assessment referendum authority. (1) In addition to the authority of commodity commissions to levy assessments and conduct referendums, if the department of agriculture receives a petition requesting a referendum signed by ten per cent (10%) or more Idaho producers of a particular commodity or if the department of agriculture receives a written request for a referendum from a commodity commission, the department of agriculture may provide for a referendum by a commodity to determine if a mandatory assessment should be levied on the commodity producer group for the specific quality assurance laboratory program purposes identified in the referendum. No assessment shall become effective unless the same shall first be referred on a referendum mail ballot to producers of that commodity in this state and is approved by a majority of the producers voting in the referendum.

(2) All moneys derived from the assessment and collected by a commodity commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the specific purposes identified in the referendum.

(3) All moneys derived from the assessment and collected by the department of agriculture shall be deposited with the state treasurer and be credited to the agriculture department inspection account. All funds so deposited are hereby continuously appropriated for the specific purposes identified in the referendum.

(4) The department of agriculture shall be reimbursed for the costs of the referendum by moneys derived from the assessment.

(5) The director of the department of agriculture shall have the authority to implement the provisions of any approved referendum and may promulgate rules necessary for carrying out the purposes of this section.

History:

[22-109, added 1992, ch. 79, sec. 1, p. 220.]
Idaho Code § 22-3708 — Idaho Code / Title 22 / Chapter 37 / Section 22-3708
22-3708 BONDS.
Status: in_force

22-3708. Bonds. The administrator or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this act.

History:

[22-3708, added 1967, ch. 70, sec. 8, p. 157; am. 1971, ch. 136, sec. 6, p. 522.]
Idaho Code § 22-3419 — Idaho Code / Title 22 / Chapter 34 / Section 22-3419
22-3419 PROCEDURE FOR ESTABLISHING A RESTRICTED AREA.
Status: in_force

22-3419. Procedure for establishing a restricted area. (1) The director may upon his own initiative, or upon the petition of a number of owners, lessees or operators of land in an area within a county or two (2) or more contiguous counties in the state may, if it is deemed necessary, issue a proposal to establish a restricted area. The proposal shall set forth the boundaries of the area and the rules proposed to govern the use of pesticides. The director shall hold a hearing in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code, at a place in reasonable proximity to the proposed area. As soon as possible after completion of the hearing, the director shall make rules applicable thereto or refuse to take such action. The order shall be based on substantial evidence of record at the hearing and shall include findings of fact upon which it is based; Provided, however, that whenever twenty-five (25) or more landowners, representing at least seventy percent (70%) of the acres of land situated within the proposed area, shall sign a petition requesting that a referendum be held, the director shall then conduct a referendum as set forth in subsection (2) of this section.

(2) Whenever in the judgment of the director, the need for the creation of a restricted area cannot be adequately determined by the director after investigation, the director shall conduct a referendum on this question of necessity, by ballot in the area concerned at a public hearing, after notice, setting the time and place, once each week for two (2) weeks before the hearing has been published in a newspaper of general circulation in the area affected. Any person owning, leasing or operating three (3) acres or more within the proposed area is eligible to vote in the referendum. Unless the votes cast in favor of the creation of a restricted area constitute a two-thirds (2/3) majority of those voting, the area shall not be created. If there is such majority, the director shall then issue a proposal in accordance with subsection (1) of this section.

History:

[22-3419, added 1976, ch. 190, sec. 2, p. 702; am. 1996, ch. 22, sec. 12, p. 54.]
Idaho Code § 22-2922 — Idaho Code / Title 22 / Chapter 29 / Section 22-2922
22-2922 DEALERS' RECORDS — TAX RETURNS.
Status: in_force

22-2922. Dealers' records — Tax returns. Every dealer or handler shall keep a complete and accurate record of all beans handled by him in the primary channels of trade, such record to be in such form as the commission shall by regulation or rule prescribe. Such records shall be preserved by such dealer or handler for a period of two (2) years and shall be open to inspection at any time upon written or oral request or demand by the commission or its duly authorized agent or employee. Every dealer or handler shall at such times as the commission may by rule or regulation require file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of beans handled by such dealer or handler in the primary channels of trade during the period or periods of time prescribed by the commission, and containing such further information as the commission may require.

History:

[22-2922, added 1957, ch. 94, sec. 12, p. 158.]
Idaho Code § 22-4704 — Idaho Code / Title 22 / Chapter 47 / Section 22-4704
22-4704 IDAHO OILSEED COMMISSION CREATED — MEMBERS.
Status: in_force

22-4704. Idaho oilseed commission created — Members. There is hereby created and established in the department of self-governing agencies a commission which shall be exclusively known and referred to as the Idaho oilseed commission on and after the effective date of this act. The commission shall be composed of three (3) members appointed by the governor at the recommendation of a representative group of oilseed growers in the state of Idaho. Commission members appointed by the governor shall hold office for a term of three (3) years. The commissioners may appoint a representative from the supporting oilseed industry, who is not a grower, to serve as an ex officio member of the commission without voting privileges. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, and the director of the department of agriculture shall also be ex officio members of the commission without voting privileges.

History:

[22-4704, added 1996, ch. 216, sec. 1, p. 705; am. 2007, ch. 60, sec. 5, p. 144.]
Idaho Code § 22-2008 — Idaho Code / Title 22 / Chapter 20 / Section 22-2008
22-2008 DISCOVERY OF PLANT PESTS — OFFICIAL MARKING OF INFESTED OR INFECTED ARTICLES — REPORTING THE DETECTION OF PLANT PESTS.
Status: in_force

22-2008. Discovery of plant pests — Official marking of infested or infected articles — Reporting the detection of plant pests. (1) Upon knowledge of the existence of a regulated pest or a pest that may cause significant damage or harm within the state, the department is authorized to conspicuously mark all plants, materials and articles known or suspected to be infected or infested with the pest. The department shall notify the person, owner or the tenant in possession of the premises or area in question of the existence of the pest and of the prescribed control measures. The aforementioned person shall, within the prescribed time limit, implement the conditions of the department's hold order or stop sale or be subject to civil penalties.

(2) The state plant regulatory official shall immediately report the detection of new plant pests within the state to the director and to the U.S. department of agriculture. Other state plant regulatory officials shall be notified as deemed necessary.

History:

[22-2008, added 2002, ch. 89, sec. 2, p. 217.]
Idaho Code § 22-3421 — Idaho Code / Title 22 / Chapter 34 / Section 22-3421
22-3421 ADOPTION AND SCOPE OF RULES.
Status: in_force

22-3421. Adoption and scope of rules. (1) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this act including, but not limited to, rules providing for:

(a) The collection and examination of samples of pesticides or devices; and

(b) the safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers; and

(c) procedures in making pesticide recommendations; and

(d) procedures for obtaining permits; and

(e) regulating the labeling of devices; and

(f) procedures to take possession and dispose of canceled, suspended, or otherwise unusable pesticides held by persons. For the purpose of this section, the department may become a hazardous waste generator, and may set fees to partially offset an agricultural chemical waste disposal program's cost; and

(g) antipollution devices, chemigation equipment requirements, performance standards and installation requirements; and

(h) listing of the sites where chemigation will be conducted by the applicator.

(2) Such rules shall be promulgated in accordance with chapter 52, title 67, Idaho Code.

History:

[22-3421, added 1976, ch. 190, sec. 2, p. 704; am. 1992, ch. 43, sec. 2, p. 145; am. 1996, ch. 22, sec. 14, p. 56; am. 1999, ch. 69, sec. 14, p. 190.]
Idaho Code § 22-621 — Idaho Code / Title 22 / Chapter 6 / Section 22-621
22-621 COOPERATION WITH OTHER GOVERNMENTAL AGENCIES.
Status: in_force

22-621. Cooperation with other governmental agencies. The director may cooperate with and enter into agreements with other governmental agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purposes of this chapter.

History:

[22-621, added 2000, ch. 295, sec. 2, p. 1023.]
Idaho Code § 22-1705 — Idaho Code / Title 22 / Chapter 17 / Section 22-1705
22-1705 PRODUCTION, PROCESSING, TRANSPORTATION, AND RESEARCH OF INDUSTRIAL HEMP AUTHORIZED.
Status: in_force

22-1705. PRODUCTION, PROCESSING, transportation, AND RESEARCH OF INDUSTRIAL HEMP AUTHORIZED. (1) Production, processing, transportation, and research of industrial hemp are subject to the rules promulgated under this chapter, the state plan, and the 2018 farm bill and the rules promulgated thereunder.

(2) The director must expeditiously promulgate rules that are compliant with the 2018 farm bill in time to allow for the production, processing, transportation, and research of industrial hemp in Idaho under the state plan beginning with the spring 2022 growing season of industrial hemp. Any rule formulated and recommended by the Idaho state department of agriculture regarding the production, processing, transportation, or research of industrial hemp that is broader in scope or more stringent than federal law or regulations as outlined in the 2018 farm bill or that proposes to regulate an activity not regulated by the federal government is subject to the following additional requirements: the notice of proposed rulemaking and rulemaking record requirements under chapter 52, title 67, Idaho Code, must clearly specify that the proposed rule, or portions of the proposed rule, are broader in scope or more stringent than federal law or regulations or regulate an activity not regulated by the federal government and delineate which portions of the proposed rule are broader in scope or more stringent than federal law or regulations or regulate an activity not regulated by the federal government.

(3) Once a state plan is accepted by the secretary of agriculture, the production, processing, transportation, and research of industrial hemp in Idaho will also be subject to the state plan.

(4) Establishments offering hemp products intended for human ingestion or inhalation, excluding nonviable hulled hemp seed, hemp seed protein powder, or hemp seed oil, shall be subject to the provisions of this chapter. Such hemp products shall meet the criteria provided by sections 37-2701(u) and 37-2705(d)(29)(i), Idaho Code.

(5) The department is authorized to promulgate rules establishing fees and penalties for violations associated with the provisions of this chapter.

(6) No penalty may be imposed against a person unless the person was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. A person against whom the department has assessed a penalty under this chapter or the rules promulgated pursuant to this chapter may, within thirty (30) days of the final agency action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged to have occurred.

(7) Notwithstanding any provision of this chapter:

(a) Rules promulgated under this chapter must be adopted through the negotiated rulemaking process; and

(b) The transportation of industrial hemp in interstate commerce may continue subject to the provisions of section 67-2921, Idaho Code.

[(8)](7) Hemp producers do not commit a negligent violation if:

(a) The hemp is produced for the sole purpose of producing grain or fiber;

(b) The hemp producer has made reasonable efforts to grow hemp within the acceptable hemp THC level, as defined by rule, and in accordance with Idaho statutes, rules, and the state hemp plan; and

(c) The hemp does not have a total THC, as defined by rule, concentration of more than one percent (1%) on a dry weight basis.

History:

[22-1705, added 2021, ch. 242, sec. 1, p. 737; am. 2026, ch. 292, sec. 1, p. 1213; am. 2026, ch. 293, sec. 1, p. 1214.]
Idaho Code § 22-3423 — Idaho Code / Title 22 / Chapter 34 / Section 22-3423
22-3423 PENALTY FOR VIOLATIONS.
Status: in_force

22-3423. Penalty for violations. (1) Any person who shall forge, alter, counterfeit, simulate or falsely represent, or who shall without proper authority use any license issued by the director under this act, or who shall violate or fail to comply with any provisions of this act shall be deemed 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 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 provision of this act or any rules promulgated under this act may be assessed a civil penalty by the department or its duly authorized agent of not more than three thousand dollars ($3,000) for each offense and shall be liable for reasonable attorney 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 this section may, within thirty (30) days of the final agency action 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 deposited in the state treasury and credited to the pesticide account of the department.

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

History:

[22-3423, added 1976, ch. 190, sec. 2, p. 704; am. 1990, ch. 269, sec. 3, p. 763; am. 1996, ch. 22, sec. 16, p. 56.]
Idaho Code § 22-1210 — Idaho Code / Title 22 / Chapter 12 / Section 22-1210
22-1210 LIMIT ON STATE LIABILITY — COMPENSATION AND EXPENSES.
Status: in_force

22-1210. Limit on state liability — Compensation and expenses. All contractual expenses incurred by the commission in performing its duties and exercising its powers shall be without liability on the part of the state. All tort obligations arising out of acts and omissions of the commission are binding on the state of Idaho as, and to the extent provided for, in chapter 9, title 6, Idaho Code.

No member of the commission shall receive any compensation for his services as such member, except as provided in section 22-1202, Idaho Code, but members and employees of the commission and other persons acting under the direction of the commission shall, if approved by the commission, be reimbursed for their actual and reasonable expenses incurred in performing their duties under this chapter.

History:

[22-1210, added by 1973, ch. 121, sec. 4, p. 229; am. 1988, ch. 52, sec. 3, p. 78; am. 1999, ch. 64, sec. 2, p. 168; am. 2000, ch. 12, sec. 1, p. 26.]
Idaho Code § 22-201 — Idaho Code / Title 22 / Chapter 2 / Section 22-201
22-201 CREATION OF COUNTY FAIR BOARDS.
Status: in_force

22-201. Creation of county fair boards. County fair boards for the purpose of conducting county fairs may be created in the following manner: A petition signed by at least five (5) and not more than ten (10) persons, each of whom must be a qualified elector of the county may be filed with the clerk of the board of county commissioners of any county. Upon receipt of such petition the board of county commissioners shall immediately cause the clerk to give notice by publication in a newspaper of general circulation printed within the county, for not less than two (2) weeks, to the effect that a petition for the creation of a county fair board has been filed with the clerk of the board of county commissioners and that a hearing on the petition will be held by the board of county commissioners on a date named in such notice not less than three (3) nor more than six (6) weeks from the date of the first publication of such notice.

Whenever a county has conducted a county fair for at least two (2) consecutive years immediately prior to the enactment of this act, it shall not be necessary to file a petition, but in such case the board of county commissioners may cause the clerk to publish a notice in a newspaper of general circulation printed within the county, for at least two (2) weeks, to the effect that it is the intention of the board of county commissioners of such county to create a county fair board for the purpose of conducting a county fair in accordance with the provisions of this act, and that a hearing on the same will be held by the board of county commissioners on a date named in such notice not less than three (3) nor more than six (6) weeks from the date of the first publication of such notice.

History:

[(22-201) 1929, ch. 208, sec. 1, p. 411; I.C.A., sec. 22-201; am. 1963, ch. 128, sec. 1, p. 379.]
Idaho Code § 22-504 — Idaho Code / Title 22 / Chapter 5 / Section 22-504
22-504 PENALTY FOR VIOLATIONS.
Status: in_force

22-504. 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 more than ten dollars ($10.00) per hundred weight of potatoes in violation or be imprisoned in the county jail for not more than six (6) 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 ten dollars ($10.00) per hundred weight of potatoes in violation 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 chapter 52, title 67, Idaho Code. 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 chapter 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 violations 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:

[22-504, added 1939, ch. 144, sec. 4, p. 261; am. 1996, ch. 215, sec. 4, p. 701.]
Idaho Code § 22-3512 — Idaho Code / Title 22 / Chapter 35 / Section 22-3512
22-3512 BONDS OF ADMINISTRATOR, AGENTS OR EMPLOYEES.
Status: in_force

22-3512. Bonds of administrator, agents or employees. The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this act.

History:

[22-3512, added 1965, ch. 106, sec. 12, p. 192; am. 1971, ch. 136, sec. 9, p. 522.]
Idaho Code § 22-1105 — Idaho Code / Title 22 / Chapter 11 / Section 22-1105
22-1105 PROHIBITED REPRESENTATIONS.
Status: in_force

22-1105. Prohibited representations. A producer, vendor or handler shall not sell or resell or offer for sale or resale any food product with the representation that the product is an organically grown food product if the producer, vendor or handler knows, or has reason to know, that the food product has not been grown, raised or produced as an organically grown food product as defined in this chapter. Violations of this section shall be punishable as provided in section 22-1104, Idaho Code.

History:

[22-1105, added 1990, ch. 145, sec. 1, p. 327; am. 2001, ch. 75, sec. 4, p. 183.]
Idaho Code § 22-4909A — Idaho Code / Title 22 / Chapter 49 / Section 22-4909A
22-4909A EFFECT OF FEDERAL ENVIRONMENTAL PROTECTION AGENCY ENFORCEMENT ACTION.
Status: in_force

22-4909A. Effect of federal environmental protection agency enforcement action. The nutrient management plan, and all information generated by the beef cattle feeding operation as a result of such plan, shall be deemed to be trade secrets, production records or other proprietary information, shall be kept confidential and shall be exempt from disclosure pursuant to section 74-107, Idaho Code. In any case in which the United States environmental protection agency initiates an enforcement action regarding an alleged noncompliance at a beef cattle animal feeding operation, any pending administrative or civil enforcement action initiated by the director regarding the same alleged noncompliance shall be deemed void. If a compliance order addressing the alleged noncompliance has already been issued by the director, that order shall remain in full force and effect.

History:

[22-4909A, added 2009, ch. 46, sec. 1, p. 127; am. 2010, ch. 343, sec. 2, p. 900; am. 2015, ch. 141, sec. 35, p. 411; am. 2016, ch. 129, sec. 5, p. 379.]
Idaho Code § 22-3409 — Idaho Code / Title 22 / Chapter 34 / Section 22-3409
22-3409 DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE OR PERMIT.
Status: in_force

22-3409. Denial, suspension, or revocation of a license or permit. The director is authorized subsequent to a hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, to deny, suspend, revoke or modify any license or permit provided for in this act in any case in which he finds that the holder of an applicator's license, operator's license or permit has been convicted or is subject to a final order imposing a civil penalty under Section 14, Federal Insecticide, Fungicide, Rodenticide Act, or that there has been a failure or refusal to comply with the provisions of this act or rules promulgated by the director.

History:

[22-3409, added 1976, ch. 190, sec. 2, p. 699; am. 1996, ch. 22, sec. 8, p. 53.]
Idaho Code § 22-2508 — Idaho Code / Title 22 / Chapter 25 / Section 22-2508
22-2508 PUBLICATION OF REGISTERED BEEKEEPERS.
Status: in_force

22-2508. Publication of registered beekeepers. The department shall make available to any pesticide applicator registered with the department, abatement or pest control district, or university of Idaho county agricultural extension office, a list of beekeepers registered with the department. The list shall include the names and telephone numbers of the beekeepers, the counties in which they keep bees, and any other information the department deems necessary to assist in the prevention of accidental poisoning of honeybees.

History:

[22-2508, added 2006, ch. 86, sec. 12, p. 254; am. 2007, ch. 188, sec. 13, p. 553.]
Idaho Code § 22-4217 — Idaho Code / Title 22 / Chapter 42 / Section 22-4217
22-4217 VIOLATION — PENALTY.
Status: in_force

22-4217. Violation — Penalty. Every person who shall violate or aid in the violation of any of the provisions of this act, or any of the rules, regulations or order of the commission adopted pursuant to the authority conferred by this act, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for a period not exceeding ninety (90) days or by both such fine and imprisonment and all fines collected for violation of this act shall be deposited as provided in section 22-4215.

History:

[22-4217, added 1974, ch. 184, sec. 17, p. 1481.]
Idaho Code § 22-2401 — Idaho Code / Title 22 / Chapter 24 / Section 22-2401
22-2401 DECLARATION OF POLICY.
Status: in_force

22-2401. Declaration of policy. It is the purpose of this chapter to define noxious weeds; legal requirements, duties, and responsibilities of persons; and to provide the statutory and financial means for the control of noxious weeds, wherever such noxious weeds occur in this state.

History:

[(22-2401) 1981, ch. 309, sec. 2, p. 635; am. 1987, ch. 331, sec. 1, p. 691; am. and redesignated 1989, ch. 298, sec. 1, p. 731; am. and redesig. 1993, ch. 247, sec. 1, p. 860.]
Idaho Code § 22-3406A — Idaho Code / Title 22 / Chapter 34 / Section 22-3406A
22-3406A RESPONSIBILITIES OF CHEMICAL SUPPLIERS.
Status: in_force

22-3406A. Responsibilities of chemical suppliers. Any person who supplies or sells at retail a chemical and who knows or has reason to know that the chemical will be applied by chemigation shall sell chemicals only to licensed chemigation applicators.

History:

[22-3406A, added 1999, ch. 69, sec. 6, p. 187; am. 2024, ch. 52, sec. 3, p. 266.]
Idaho Code § 22-3310 — Idaho Code / Title 22 / Chapter 33 / Section 22-3310
22-3310 COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS.
Status: in_force

22-3310. Commission accepting grants, donations and gifts. The commission may solicit and accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this chapter shall be paid into a bank account in the name of the Idaho wheat commission and such moneys are hereby continuously appropriated and made available for defraying the expenses of the commission in carrying out the provisions of this chapter.

History:

[22-3310, added 1959, ch. 6, sec. 10, p. 13; am. 1988, ch. 191, sec. 1, p. 346; am. 2012, ch. 77, sec. 7, p. 225.]
Idaho Code § 22-3712 — Idaho Code / Title 22 / Chapter 37 / Section 22-3712
22-3712 RECORDS.
Status: in_force

22-3712. Records. Every dealer and grower shall keep a complete and accurate record of all cherries handled, packed, shipped or processed by him. The record shall be in such form and contain such information as the commission by rule or regulation prescribes, and shall be preserved for a period of two (2) years and be subject to inspection at any time upon demand of the commission or its agents.

History:

[22-3712, added 1967, ch. 70, sec. 12, p. 157.]
Idaho Code § 22-2202 — Idaho Code / Title 22 / Chapter 22 / Section 22-2202
22-2202 ADMINISTRATION.
Status: in_force

22-2202. Administration. This chapter shall be administered by the Idaho department of agriculture.

History:

[22-2202, added 2001, ch. 250, sec. 3, p. 903.]
Idaho Code § 22-5501 — Idaho Code / Title 22 / Chapter 55 / Section 22-5501
22-5501 IDAHO DEPREDATING WILDLIFE APPEALS BOARD.
Status: in_force

22-5501. Idaho depredating wildlife appeals board. (1) There is hereby created the Idaho depredating wildlife appeals board in the office of the governor. The purpose of the board is to provide an appeal option for individuals who have suffered losses or damages from depredating wildlife but received a determination that such depredation could not be confirmed following the initial investigation. For purposes of this section, depredating wildlife includes grizzly bears, black bears, mountain lions, and wolves. The Idaho state department of agriculture, in consultation with the department of fish and game, is authorized to carry out the purposes of this section. The Idaho depredating wildlife appeals board shall consist of three (3) members representing the following executive agencies and professional expertise:

(a) The director of the Idaho state department of agriculture or the director's authorized designee;

(b) The director of the Idaho department of fish and game or the director's authorized designee; and

(c) A large animal veterinarian appointed by the governor.

(2) The office of species, minerals, and energy coordination shall receive appeal requests from appellants and coordinate meetings with the Idaho depredating wildlife appeals board.

(3) The board shall consider all forms of evidence submitted by the appellant related to the depredation event, including but not limited to:

(a) Testimony of the affected individual;

(b) Testimony of the initial investigator;

(c) The initial investigator's report;

(d) Eyewitness testimony;

(e) Telemetry data;

(f) Photographs and video footage;

(g) Trapping and hunting reports from the past six (6) months;

(h) Previous depredation incidents in the area; and

(i) Expert analysis.

(4) The board shall make a ruling based on submitted evidence and, if justified, amend the original determination based on a majority vote of the board. The decision of the board shall be final and binding for the purpose of receiving compensation for depredation.

(5) Any ruling made by the Idaho depredating wildlife appeals board of confirmed depredation shall be counted toward official counts of depredation incidents.

(6) The board shall be considered a state authorized investigator but shall only serve as an appeal to the initial investigation.

(7) Meetings of the board shall not be subject to the provisions of chapter 2, title 74, Idaho Code.

(8) Initial investigators of depredation incidents from depredating wildlife shall inform individuals of their right to appeal any ruling to the Idaho depredating wildlife appeals board in writing.

History:

[22-5501, added 2025, ch. 54, sec. 1, p. 263; am. 2026, ch. 66, sec. 4, p. 276.]
Idaho Code § 22-2810 — Idaho Code / Title 22 / Chapter 28 / Section 22-2810
22-2810 SAMPLING AND ANALYSIS.
Status: in_force

22-2810. sampling and analysis. (1) For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the director upon presenting appropriate credentials, to the owner, operator, or agent in charge, are authorized upon written complaint:

(a) To enter, during normal business hours, any factory, warehouse, or establishment within the state in which honey is processed, packed, or held for distribution for retail sales, or to enter any vehicle being used to transport or hold such honey, and sample such honey that is packaged and labeled for retail sale.

(b) To inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein, related to retail sales. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the United States standards for grades of extracted honey. Each inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.

(2) Sampling and analysis shall be conducted in accordance with the United States standards for grades of extracted honey.

(3) The director, in determining for administrative purposes whether a honey is adulterated, shall be guided by the official sample as defined in section 22-2803, Idaho Code, and obtained and analyzed as provided for in this section.

(4) If the owner of any factory, warehouse, or establishment described in subsection (1) of this section, or authorized agent, refuses to admit the director or an authorized agent to inspect in accordance with subsections (1) and (5) of this section, the director is authorized to obtain from any state court of competent jurisdiction a warrant directing such owner or agent to submit the premises described in such warrant to inspection.

(5) For the enforcement of this chapter, the director or a duly authorized agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine and make copies of records relating to distribution of honey packaged and labeled for retail sale to the public.

(6) The results of all analyses of official samples shall be forwarded by the director to the packer and to the purchaser or retailer. When the inspection and analysis of an official sample indicate the honey has been adulterated or mislabeled, and upon request by the packer or purchaser or retailer within thirty (30) days following the receipt of the analysis, the director shall furnish to the packer or purchaser or retailer a portion of the sample concerned.

History:

[22-2810, added 2012, ch. 123, sec. 6, p. 344; am. 2026, ch. 218, sec. 6, p. 913.]
Idaho Code § 22-3117 — Idaho Code / Title 22 / Chapter 31 / Section 22-3117
22-3117 WINDING UP OF COMMISSION'S AFFAIRS IF VOTE IS IN FAVOR OF DISCONTINUANCE.
Status: in_force

22-3117. Winding up of commission's affairs if vote is in favor of discontinuance. If the vote at the referendum provided in section 22-3114, Idaho Code, is in favor of discontinuation, 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 hops.

History:

[I.C., sec. 22-3117, as added by 1967, ch. 216, sec. 13, p. 650.]
Idaho Code § 22-5108 — Idaho Code / Title 22 / Chapter 51 / Section 22-5108
22-5108 RECEIPTS — SCALE WEIGHT TICKETS.
Status: in_force

22-5108. Receipts — Scale weight tickets. Warehouse receipts or scale weight tickets shall be issued by the seed buyer to the producer:

(1) At the time of deposit for storage for withdrawal of the seed crop; or

(2) At the time of transfer of the seed crop.

History:

[22-5108, added 2002, ch. 256, sec. 1, p. 740.]
Idaho Code § 22-2317 — Idaho Code / Title 22 / Chapter 23 / Section 22-2317
22-2317 KNOWINGLY SELLING, ADVERTISING, OR DISPLAYING DAMAGED, MISREPRESENTED, OR MISLABELED NURSERY OR FLORIST STOCK PROHIBITED.
Status: in_force

22-2317. Knowingly selling, advertising, or displaying damaged, misrepresented, or mislabeled nursery or florist stock prohibited. (1) No person shall knowingly offer to sell, advertise, or display nursery or florist stock:

(a) That is dead, in a dying condition, seriously broken, desiccated, frozen or damaged by freezing, or materially damaged in any way;

(b) By any methods which have the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species, name, age, variety, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth, or time required before flowering or fruiting, price, origin, or place where grown, or in any other material respect;

(c) That fails to meet the grade with which it is labeled;

(d) By making other false or fraudulent representations in connection with the sale of nursery or florist stock.

History:

[(22-2317) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 17, p. 312.]
Idaho Code § 22-3601 — Idaho Code / Title 22 / Chapter 36 / Section 22-3601
22-3601 PURPOSE.
Status: in_force

22-3601. 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; to prevent fraudulent practices; to provide the means for the development of markets; production research; and new product development and promotion of the apple industry. "Apples" as used in this chapter means Idaho apples.

History:

[22-3601, added 1966 (2nd E.S.), ch. 17, sec. 1, p. 39; am. 2016, ch. 93, sec. 1, p. 284.]
Idaho Code § 22-2215 — Idaho Code / Title 22 / Chapter 22 / Section 22-2215
22-2215 ADULTERATION.
Status: in_force

22-2215. Adulteration. No person shall distribute an adulterated soil or plant amendment. A soil amendment or plant amendment is deemed to be adulterated if:

(1) It contains any deleterious or harmful substance, or organism in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water when applied in accordance with directions for use on the label; or, if adequate warning statements and directions for use, which may be necessary to protect plant life, animals, humans, aquatic life, soil or water, are not shown on the label; or

(2) Its composition falls below or differs from that which it is purported to possess by its labeling; or

(3) It contains unwanted crop seed or weed seed.

History:

[22-2215, added 2001, ch. 250, sec. 3, p. 912.]
Idaho Code § 22-613 — Idaho Code / Title 22 / Chapter 6 / Section 22-613
22-613 MISBRANDING.
Status: in_force

22-613. Misbranding. No person shall distribute a misbranded fertilizer. A fertilizer is misbranded if:

(1) The labeling is false or misleading;

(2) It is distributed under the name of another fertilizer product;

(3) It is not labeled as required in section 22-607, Idaho Code, and in accordance with rules prescribed under this chapter; or

(4) It purports to be or is represented as a fertilizer, or is represented as containing a plant nutrient or fertilizer unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by rule of the department. In adopting such rules the department shall give due regard to commonly accepted definitions and official fertilizer terms as stated or provided for in section 22-603, Idaho Code.

History:

[22-613, added 2000, ch. 295, sec. 2, p. 1020; am. 2001, ch. 147, sec. 6, p. 522.]
Idaho Code § 22-2408 — Idaho Code / Title 22 / Chapter 24 / Section 22-2408
22-2408 LANDOWNER AND CITIZEN POWERS.
Status: in_force

22-2408. Landowner and citizen powers. (1) If any person shall be dissatisfied with the amount of any charge made against it by a county control authority for control work or for the purchase of materials or use of equipment, he may, within thirty (30) days after being advised of the amount of the charge, file a protest with the director.

(2) If any person shall be dissatisfied with the control measures used or the manner in which control is conducted upon his property, he may, within thirty (30) days file a protest with the director.

(3) Any person served with an individual notice may, within two (2) days of receipt of the notice, appeal to the board of county commissioners. A hearing shall be set by the board of county commissioners within five (5) days after receipt of notice of the appeal. Notice of the hearing shall be sent by the board of county commissioners to the appellant.

(4) Other than the procedures specifically set out in this chapter, procedures for hearings thereon and appeals pertaining to this chapter shall be as provided in chapter 52, title 67, Idaho Code.

History:

[(22-2408) 1970, ch. 149, sec. 13, p. 448; am. 1974, ch. 18, sec. 67, p. 364; am. 1981, ch. 309, sec. 13, p. 647; am. 1987, ch. 331, sec. 12, p. 702; am. and redesignated 1989, ch. 298, sec. 12, p. 743; am. and redesig. 1993, ch. 247, sec. 11, p. 868.]
Idaho Code § 22-3307 — Idaho Code / Title 22 / Chapter 33 / Section 22-3307
22-3307 CHAIRMAN AND EXECUTIVE DIRECTOR OF COMMISSION.
Status: in_force

22-3307. Chairman and executive director of commission. The commission shall elect a chairman and shall employ an executive director who is not a member of the commission.

History:

[22-3307, added 1959, ch. 6, sec. 7, p. 13; am. 2000, ch. 99, sec. 1, p. 219.]
Idaho Code § 22-2409 — Idaho Code / Title 22 / Chapter 24 / Section 22-2409
22-2409 PENALTIES FOR VIOLATIONS.
Status: in_force

22-2409. Penalties for violations. (1) Any person who violates any provision of this chapter, or any 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 control authority as defined in section 22-2402, Idaho Code, its agents or employees, in the execution, or on account of the execution of 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 provision of this chapter or any rules promulgated hereunder may be assessed a civil penalty by the control authority 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 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 control authority 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 control authority, it may recover such amount by action in the appropriate district court.

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

(e) All civil penalties collected pursuant to this section shall be remitted to the applicable fund or account as defined in section 22-2402, Idaho Code.

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

(4) The control authority may bring an action to enforce the provisions of this chapter, and the penalty provided for under this section.

History:

[(22-2409) 1970, ch. 149, sec. 23, p. 448; am. 1974, ch. 18, sec. 68, p. 364; am. 1987, ch. 331, sec. 19, p. 704; am. and redesignated 1989, ch. 298, sec. 19, p. 746; am. and redesig. 1993, ch. 247, sec. 12, p. 868; am. 2006, ch. 225, sec. 6, p. 675.]
Idaho Code § 22-3516 — Idaho Code / Title 22 / Chapter 35 / Section 22-3516
22-3516 DELIVERY OF INVOICE VOUCHERS TO GROWERS.
Status: in_force

22-3516. Delivery of invoice vouchers to growers. (1) The purchaser, at the time of settlement, shall make and deliver a copy of each settlement voucher for each purchaser to the grower.

(2) The reports to the commission 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 purchaser.

(c) The number of pounds of peas and lentils sold, varieties of peas and/or lentils and the rate of assessment.

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

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

History:

[22-3516, added 1965, ch. 106, sec. 16, p. 192; am. 1971, ch. 23, sec. 4, p. 54.]
Idaho Code § 22-804 — Idaho Code / Title 22 / Chapter 8 / Section 22-804
22-804 VIOLATION — PENALTY.
Status: in_force

22-804. Violation — Penalty. Any person who violates any provision of this chapter shall, upon conviction thereof, be adjudged guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than $200, or shall be imprisoned in the county jail not less than ten (10) days nor more than six (6) months, or shall be punished by both fine and imprisonment.

History:

[(22-804) 1919, ch. 192, sec. 4, p. 575; C.S., sec. 2041; I.C.A., sec. 22-804.]
Idaho Code § 22-3420 — Idaho Code / Title 22 / Chapter 34 / Section 22-3420
22-3420 PROHIBITED ACTS.
Status: in_force

22-3420. Prohibited acts. No person shall:

(1) Use a pesticide in a manner inconsistent with its labeling except as provided for by rule.

(2) Make pesticide recommendations in a manner inconsistent with its labeling except as provided for by rule.

(3) Make false or misleading claims through any media relating to the effect of pesticides or application methods to be utilized.

(4) Operate a faulty or unsafe pesticide spray apparatus, aircraft, or other application device or equipment.

(5) Operate a faulty or unsafe chemigation system.

(6) Apply ineffective or improper pesticides.

(7) Make false, misleading or fraudulent records, reports or application forms required by the provisions of this act.

(8) Apply pesticides in a faulty, careless, or negligent manner.

(9) Refuse or neglect to keep and maintain records required by the provisions of this act, or to make reports when and as often as required.

(10) Distribute, sell or offer for sale any pesticide or device which is misbranded.

(11) Formulate, distribute, sell or offer for sale any pesticide which is adulterated.

(12) Distribute, sell or offer for sale any pesticide except in the manufacturer's original unbroken container.

(13) Refuse or neglect to comply with any limitations or restrictions placed on a license or permit issued under the provisions of this act.

(14) Refuse or neglect to comply with any other provisions of this act or rule, or any lawful order of the director.

(15) Aid or abet a licensed or an unlicensed person to evade the provisions of this act, conspire with such licensed or an unlicensed person to evade the provisions of this act, or allow one's license or permit to be used by another person.

(16) Make false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land.

(17) Impersonate any federal, state, county or city inspector or official.

(18) Use or supervise the use of any restricted-use pesticide, or any state restricted-use pesticide without having complied with the licensing requirements pursuant to this act, and such other restrictions as had been determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator, persons, or land, provided, that a person who is not a certified applicator but an employee of a licensed private applicator may use a restricted-use pesticide or a state restricted-use pesticide under the direct supervision of the licensed private applicator unless otherwise prescribed by the labeling of the pesticide.

(19) Use or supervise the use of a chemical in a chemigation system without having complied with the licensing requirements pursuant to this act and rules, and such other restrictions as have been determined by the director. A person who is not a certified applicator but an employee of a licensed private applicator may use chemicals under the direct supervision of a licensed private applicator unless otherwise prescribed by the labeling of the chemical.

(20) Chemigate without installing the proper chemigation equipment to protect against surface or ground water contamination.

(21) Fail to abide by the conditions of a stop sale, use or removal order, or chemigation stop work order.

(22) Offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and, having so received, deliver or offer to deliver, chemicals for chemigation to an unlicensed person.

History:

[22-3420, added 1976, ch. 190, sec. 2, p. 702; am. 1993, ch. 54, sec. 5, p. 149; am. 1996, ch. 22, sec. 13, p. 55; am. 1999, ch. 69, sec. 13, p. 189.]
Idaho Code § 22-3404 — Idaho Code / Title 22 / Chapter 34 / Section 22-3404
22-3404 PESTICIDE AND CHEMIGATION APPLICATORS — CLASSIFICATION LICENSING REQUIREMENTS.
Status: in_force

22-3404. Pesticide and chemigation applicators — Classification licensing requirements. (1) The director may classify pesticide applicator licenses issued under this act. Such classifications may include but are not limited to professional applicators, private applicators, and chemigation applicators. Separate licensing requirements and testing procedures may be utilized for each classification.

(2) Chemigation Applicators. Any user of a chemigation system must be at least eighteen (18) years of age and shall be certified for competency by the department.

(a) On the application to perform chemigation, the applicant must certify that the equipment and system he plans to use for chemigation meet department standards and provide other relevant information.

(b) Financial requirements and fees for chemigation certification shall be commensurate with state requirements for professional and private applicators.

(3) Professional Applicators. No person shall act as a professional applicator without first obtaining a professional applicator's license issued by the department.

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

(b) An applicant must be at least eighteen (18) years of age and must pass the department's examination in order to demonstrate his knowledge of how to apply, use and handle pesticides or chemicals in areas relevant to the operations he intends to undertake, or proper equipment and methods for injecting chemicals through irrigation systems;

(c) Show proof of financial responsibility as prescribed by rule;

(d) 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; and

(e) If at any time a licensed professional applicator fails to maintain the financial responsibility required by paragraph (c) of this subsection, his license shall be automatically suspended until the department receives verification that he is in compliance with paragraph (c) of this subsection.

(4) Private Applicator. No person shall act as a private applicator without first obtaining a private applicator license issued by the department.

(a) Application for a license shall be on a form prescribed by the department;

(b) An applicant must be at least eighteen (18) years of age and must pass the department's examination in order to demonstrate his knowledge of how to apply, use and handle pesticides or chemicals in areas relevant to the operations he intends to undertake or proper equipment and methods for injecting chemicals through irrigation systems; and

(c) An applicant must pay a license fee as prescribed by rule.

(5) If the director finds an applicant qualified for a professional, private, or chemigation applicator's license, and if an applicant applying for a license to engage in the application of pesticides or chemicals has met all of the requirements of any applicable federal or state laws, regulations and rules, the director shall issue the license. The license or permit may restrict the applicant to the use of a certain type or types of equipment, pesticides or chemicals. If a license or permit is not issued as applied for, the department shall inform the applicant in writing of the reasons therefor.

(6) The director may by rule require professional applicators to maintain and furnish records forthwith pertaining to the application of pesticides and other relevant information as he may deem necessary.

(7) Licenses issued to dealers and professional, private, and chemigation applicators shall expire as designated by the director unless suspended or revoked as provided for in section 22-3409, Idaho Code.

(8) Exemptions:

(a) The following persons are exempt from subsections (3), (4), and (5) of this section:

(i) Any person applying pesticides other than restricted-use pesticides for himself or on an exchange of service basis, and who does not publicly hold himself out as a professional applicator;

(ii) Any person using hand-powered equipment to apply pesticides other than restricted-use pesticides to lawns, or to ornamental trees and shrubs and who employs two (2) or fewer persons in his business who apply pesticides and is not holding himself out as a professional applicator;

(iii) Any industry, governmental, university of Idaho research personnel and extension research personnel who apply pesticides other than restricted-use pesticides to experimental plots or to demonstrate the use of pesticides; and

(iv) Any veterinarian who applies pesticides as an integral part of his business and does not publicly hold himself out as a professional applicator.

(b) Federal, state, and other governmental agencies are exempt from the licensing fees provision of subsections (3) and (4) of this section.

(c) Professional applicators who do not apply pesticides may receive an exemption from the proof of financial responsibility required in subsection (3)(c) of this section, upon submitting a completed form prescribed by the department.

History:

[22-3404, added 1976, ch. 190, sec. 2, p. 695; am. 1984, ch. 148, sec. 1, p. 347; am. 1987, ch. 104, sec. 1, p. 214; am. 1987, ch. 299, sec. 1, p. 635; am. 1993, ch. 54, sec. 2, p. 144; am. 1996, ch. 22, sec. 4, p. 49; am. 1997, ch. 15, sec. 1, p. 19; am. 1999, ch. 69, sec. 4, p. 184; am. 2000, ch. 159, sec. 1, p. 402; am. 2010, ch. 48, sec. 1, p. 87; am. 2024, ch. 52, sec. 2, p. 264; am. 2025, ch. 211, sec. 14, p. 980.]
Idaho Code § 22-4908 — Idaho Code / Title 22 / Chapter 49 / Section 22-4908
22-4908 DISCHARGES.
Status: in_force

22-4908. Discharges. No animal feeding operation shall cause an unauthorized discharge. Noncompliance with the provisions of this act or unauthorized discharges may subject a facility to enforcement as provided in this act.

History:

[22-4908, added 2000, ch. 63, sec. 1, p. 142.]
Idaho Code § 22-5127 — Idaho Code / Title 22 / Chapter 51 / Section 22-5127
22-5127 MINIMUM BALANCE FOR CLAIMS — TERMINATION OF LIABILITY.
Status: in_force

22-5127. Minimum balance for claims — Termination of liability. No claims of producers shall be paid when the balance in the seed indemnity fund is reduced to two hundred fifty thousand dollars ($250,000). If the director cannot fully pay producers' claims without exceeding the minimum balance, he shall pay claims pro rata until the seed indemnity fund contains sufficient funds to pay claims in full. In no case shall the fund be liable for those claims not fully paid within three (3) years of submission of the claim.

History:

[22-5127, added 2002, ch. 256, sec. 1, p. 746.]
Idaho Code § 22-416 — Idaho Code / Title 22 / Chapter 4 / Section 22-416
22-416 PROHIBITIONS.
Status: in_force

22-416. Prohibitions. (1) It shall be unlawful for any person to sell, offer for sale, expose for sale, or deliver under a contract any seed within the state:

(a) Unless the test to determine the percentage of germination required by section 22-415, Idaho Code, shall have been completed within a fifteen (15) month period, exclusive of the calendar month in which the test was completed immediately prior to sale, exposure for sale, or offered for sale or transportation. This prohibition does not apply to tree and shrub seeds or agricultural or vegetable seed in hermetically-sealed containers. The director may by regulation prescribe a longer period than otherwise stated herein, and the conditions and methods of treatment or packaging and labeling which he deems to be necessary to maintain the identification and viability of such seed.

(b) Not labeled in accordance with the provisions of this chapter, or having false or misleading labeling.

(c) Pertaining to which there has been a false or misleading advertisement.

(d) Containing prohibited noxious weed seeds.

(e) Containing restricted noxious weed seeds singly or collectively in excess of tolerances as provided by the rules and regulations of the department.

(f) Labeled a variety name for which a United States certificate of plant variety protection has been issued or is pending, specifying seed sale only as a class of certified seed, when the seed is in fact not certified by an official seed certifying agency.

(g) If the crop seed rye (Secale cereal) is present in wheat, oats or barley.

(2) It shall be unlawful for any person within this state:

(a) To detach, alter, deface, or destroy any label provided for in this chapter or the rules and regulations made and promulgated thereunder, or to alter or substitute seed, in a manner that may defeat the purposes of this chapter.

(b) To disseminate any false or misleading advertisement concerning seeds in any manner or by any means.

(c) To hinder or obstruct in any way any authorized person in the performance of his duties under this chapter.

(d) To fail to comply with a "stop-sale" order.

(e) To ship, deliver, transport, or sell seeds treated with any substance likely to be poisonous to human beings or animals unless there is conspicuously shown on the analysis tag or label, or on a separate tag or container, the word "treated", signal word and precautionary statements for appropriate warning adequate to protect the public based on the toxicity categories set forth in title 40, code of federal regulations, effective July 1, 1989. It is unlawful to sell or divert seed so treated for use or for processing either for human or animal consumption.

(f) To transport screenings containing noxious weed seeds without proper covering or tarping, or containerizing or boxing, to prevent noxious weed seed dissemination. All screenings containing noxious weed seeds must be processed to eliminate germination.

(g) To return to a seed dealer treated seed in open bags except for storage purposes.

(3) It shall be unlawful for any person to make any representation as to any particular lot of seeds, tubers, plants or plant parts intended to be offered for sale as "Idaho State Certified," "State Certified," "Idaho Certified," or "Certified," or similar words or phrases, without first having the written certificate of the Idaho agricultural experiment station in the college of agriculture of the university of Idaho or its agent as to the genetic purity and/or other characteristics of the particular seeds, tubers, plants or plant parts as represented.

History:

[22-416, added 1951, ch. 243, sec. 3, p. 508; am. 1970, ch. 8, sec. 1, p. 12; am. 1974, ch. 18, sec. 5, p. 364; am. 1979, ch. 180, sec. 1, p. 533; am. 1985, ch. 22, sec. 3, p. 38; am. 1987, ch. 188, sec. 3, p. 376; am. 1990, ch. 89, sec. 2, p. 187; am. 1990, ch. 413, sec. 3, p. 1147; am. 1991, ch. 171, sec. 2, p. 416.]