Idaho Code § 22-2405 — Idaho Code / Title 22 / Chapter 24 / Section 22-2405
22-2405 COUNTY DUTIES.
Status: in_force

22-2405. County duties. (1) The county control authority shall:

(a) Carry out the duties and responsibilities vested in the county under this chapter and rules prescribed by the director; and

(b) Establish and maintain a coordinated program for control of noxious weeds in the county; employ a county weed superintendent, who may be a superintendent for more than one (1) county and who shall be qualified to detect and treat noxious weeds; and

(c) Designate one (1) of its members as the liaison between the county weed superintendent and the county commissioners; and

(d) Provide operational and educational funds for the county weed superintendent; and

(e) Be authorized to initiate cooperative agreements with other agencies or counties for the designation of or participation in cooperative weed management areas for control of noxious weeds.

(2) A general notice for control of noxious weeds shall be published between March 1 and April 30 in a newspaper of general circulation within the county. The notice shall contain the list of noxious weeds and identify those known to be in the county and shall stipulate the obligation to control. Failure to publish the notice for control or serve individual notices herein provided does not relieve any person from full compliance with this chapter thereunder. In all cases said published notice shall be deemed legal and sufficient notice.

(3) Whenever any county finds it necessary to secure more prompt or definite control of noxious weeds than is accomplished by the general notice, it shall cause individual notices on a form prescribed by the director to be served upon the landowner and where possible on the operator of the land giving specific instructions when and how certain named noxious weeds are to be controlled. The individual notice shall also contain information concerning the right to appeal pursuant to section 22-2408, Idaho Code. Individual notices shall be applicable only to the current growing season.

(4) Whenever the landowner of any nonfederal land or nonfederally administered land on which noxious weeds are present has neglected or failed to initiate control as required pursuant to this chapter within five (5) working days from receipt of an individual notice given pursuant to this section, the county having jurisdiction shall have proper control methods used on such land, including necessary destruction of crops, and shall advise the landowner of the cost incurred in connection with such operation. If the landowner is not known or readily available, notice shall be deemed satisfied after eight (8) days from the notice's postmark or certified registered receipt to the address as shown on the assessment roll of the county. The cost of any such control shall be at the expense of the landowner. If the costs have not been paid to the control authority within sixty (60) days, the control authority may direct that suit be brought in a court of competent jurisdiction for the unpaid charges. On private lands, if unpaid for sixty (60) days or longer, the amount of such expense shall become a lien upon the property; and thereafter the lien shall be subject to collection by the county by sale of the property in the same manner as for delinquent taxes. Nothing contained in this section shall be construed to require satisfaction of the imposed obligation by the sale of property or to bar the application of any other available remedy.

(5) Amounts collected under the provisions of this section shall be deposited to the noxious weed fund of the county and shall be accounted for as prescribed by the county auditor. Disbursements from the noxious weed fund shall be made only for noxious weed control purposes.

(6) The county weed superintendent shall:

(a) Examine all land within the county for the purpose of determining whether the provisions of this chapter and rules of the director have been complied with; and

(b) Compile data and submit reports as the director or county may require; and

(c) Implement enforcement action as outlined in this chapter; and

(d) Consult, advise and provide direction on matters pertaining to the most effective and most practical methods of noxious weed control; and

(e) Investigate or aid in the investigation and prosecution of any violation of the provisions of this chapter; and

(f) Make recommendations regarding establishment of cooperative weed management areas; and

(g) Participate on weed control advisory committees to develop and implement noxious weed control strategies for cooperative weed management areas, at the discretion of the county weed control authority.

History:

[(22-2405) 1981, ch. 309, sec. 6, p. 639; am. 1987, ch. 331, sec. 5, p. 694; am. and redesignated 1989, ch. 298, sec. 5, p. 735; am. and redesig. 1993, ch. 247, sec. 6, p. 864; am. 1999, ch. 75, sec. 4, p. 216; am. 2006, ch. 225, sec. 4, p. 673; am. 2023, ch. 30, sec. 1, p. 148.]
Idaho Code § 22-208 — Idaho Code / Title 22 / Chapter 2 / Section 22-208
22-208 EXPENSES OF BOARD MEMBERS.
Status: in_force

22-208. Expenses of board members. The members of the county fair board shall be paid their actual and necessary expenses out of the funds provided for fair purposes, upon approval of claims for the same by the board of county commissioners.

History:

[(22-208) 1929, ch. 208, sec. 8, p. 411; I.C.A., sec. 22-208.]
Idaho Code § 22-4012 — Idaho Code / Title 22 / Chapter 40 / Section 22-4012
22-4012 APPOINTMENT OF ADMINISTRATOR — DUTIES — SALARY.
Status: in_force

22-4012. Appointment of administrator — Duties — Salary. The commission may appoint an administrator who shall devote full time to the administration of the provisions of this chapter. He shall proceed immediately to prepare the plans and general program necessary and adequate to carry out the policies that are adopted by the commission. The administrator shall be paid a reasonable salary fixed by the commission, commensurate with his duties, and all necessary expenses.

History:

[22-4012, added 1988, ch. 194, sec. 1, p. 355.]
Idaho Code § 22-2923 — Idaho Code / Title 22 / Chapter 29 / Section 22-2923
22-2923 PENALTY FOR VIOLATIONS.
Status: in_force

22-2923. Penalty for violations. Any person who shall violate or aid in the violation of any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than $300 or imprisonment for a period not to exceed 90 days, or both such fine and imprisonment, and all fines collected for violation of this act shall be paid into the Idaho bean marketing and production promotion fund.

History:

[22-2923, added 1957, ch. 94, sec. 13, p. 158.]
Idaho Code § 22-617 — Idaho Code / Title 22 / Chapter 6 / Section 22-617
22-617 COMPLAINT FOR SEIZURE — HEARING.
Status: in_force

22-617. Complaint for seizure — Hearing. Any fertilizer that does not comply with this chapter is subject to seizure on complaint of the department to a court of competent jurisdiction in the geographic area in which the fertilizer is located. If the court finds the fertilizer to be in violation of this chapter and orders the condemnation of the fertilizer, the fertilizer shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of the state; provided, that in no instance shall the disposition of the fertilizer be ordered by a court of competent jurisdiction without first giving the claimant an opportunity to apply to the court for release of the fertilizer or for permission to process or relabel the fertilizer to bring it into compliance with this chapter.

History:

[22-617, added 2000, ch. 295, sec. 2, p. 1021.]
Idaho Code § 22-3901 — Idaho Code / Title 22 / Chapter 39 / Section 22-3901
22-3901 DEDUCTION OF DUES TO GROWER ORGANIZATIONS BY HANDLERS AND PROCESSORS.
Status: in_force

22-3901. Deduction of dues to grower organizations by handlers and processors. If any grower or producer of any farm product within this state voluntarily executes and causes to be delivered to a dealer or processor of farm products, either as a clause in a sales contract or other instrument in writing, a notice of assignment of dues to a nonprofit agricultural commodity organization directly representing the specific product involved, by which the processor or dealer is directed to deduct a sum from the price to be paid for such product and to pay the same over to such association as dues for the grower or producer, the processor or dealer shall deduct from the price to be paid for any farm product being sold by any such grower or producer to any such processor or dealer, the amount authorized and pay it over to the organization as assignee.

History:

[22-3901, added 1969, ch. 321, sec. 1, p. 745.]
Idaho Code § 22-3608 — Idaho Code / Title 22 / Chapter 36 / Section 22-3608
22-3608 BONDS.
Status: in_force

22-3608. 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:

[22-3608, added 1966 (2nd E.S.), ch. 17, sec. 8, p. 39; am. 1971, ch. 136, sec. 7, p. 522.]
Idaho Code § 22-707 — Idaho Code / Title 22 / Chapter 7 / Section 22-707
22-707 PENALTY FOR VIOLATION.
Status: in_force

22-707. Penalty for violation. Any person, firm, corporation or other organization who violates any provision of this chapter or of the rules and regulations made under this chapter for carrying out the provisions of this section, fails or refuses to comply with any requirement of this chapter or who wilfully interferes with the department, its agents or employees in the execution or on account of the execution of its or their duties under this chapter, shall be guilty of a misdemeanor.

History:

[(22-707) 1917, ch. 24, sec. 1q, p. 65; compiled and reen. C.L. 79:16; C.S., sec. 2037; I.C.A., sec. 22-707.]
Idaho Code § 22-2009 — Idaho Code / Title 22 / Chapter 20 / Section 22-2009
22-2009 HOLD ORDER OR STOP SALE.
Status: in_force

22-2009. Hold order or stop sale. The director may issue hold orders or stop sales to take prompt regulatory action in plant pest emergencies on any plant, article, or commodity entering this state in violation of this chapter or rules promulgated hereunder.

History:

[22-2009, added 2002, ch. 89, sec. 2, p. 217.]
Idaho Code § 22-622 — Idaho Code / Title 22 / Chapter 6 / Section 22-622
22-622 NO AFFECT ON EXISTING LIABILITY.
Status: in_force

22-622. No affect on existing liability. The enactment of this chapter does not terminate or modify any civil or criminal liability which already exists on July 1, 2000.

History:

[22-622, added 2000, ch. 295, sec. 2, p. 1023.]
Idaho Code § 22-421 — Idaho Code / Title 22 / Chapter 4 / Section 22-421
22-421 VIOLATIONS, PROSECUTIONS AND PENALTIES.
Status: in_force

22-421. Violations, prosecutions and penalties. (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 three thousand dollars ($3,000) or be imprisoned in the county jail for not more than twelve (12) months or be subject to both such fine and imprisonment.

Violations shall include, but are not limited to, mislabeling of variety, mislabeling prohibited noxious weed seeds, exceeding restricted noxious weed tolerances, failure to keep records as specified in section 22-419, Idaho Code, mislabeling purity or germination percentages, and any other intentional mislabeling.

When the director or his authorized agents shall find that any person has violated any of the provisions of this chapter, he or his duly authorized agents may institute proceedings in a court of competent jurisdiction in the county in which the violation occurred, or the director may file with the attorney general such evidence as may be deemed necessary; provided, however, that the director may permit the defendant to appear before the director to introduce evidence either in person or by agent or attorney at a private hearing. If, after such hearing, or without such hearing in case the defendant or his agent or attorney fails or refuses to appear, the director is of the opinion that the evidence warrants prosecution, he shall proceed as herein provided.

It shall be the duty of the prosecuting attorney of the county in which the violation occurred to institute proceedings at once against any person charged with a violation of this chapter, if, in the judgment of the officer the information submitted warrants action.

After judgment by the court in any case arising under this chapter, the director shall publish any information pertinent to the issuance of the judgment by the court in such media as he may designate from time to time.

(2) Any person who violates or fails to comply with any of the provisions of this chapter or any regulations promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than two thousand dollars ($2,000) 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 the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected for violation of a rule or regulation shall be remitted to the agricultural inspection seed testing account.

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

History:

[22-421, added 1951, ch. 243, sec. 8, p. 508; am. 1974, ch. 18, sec. 9, p. 364; am. 1987, ch. 188, sec. 9, p. 381; am. 1993, ch. 207, sec. 1, p. 568.]
Idaho Code § 22-3813 — Idaho Code / Title 22 / Chapter 38 / Section 22-3813
22-3813 LICENSE APPLICATION — FEE — BOND — REVOCATION — FORFEITURE.
Status: in_force

22-3813. License application — Fee — Bond — Revocation — Forfeiture. No person shall act as dealer in the essential oils without having obtained a license as provided in this act. Every person acting as a dealer shall file a written application with the commission for a license as such which application shall state the applicant's name, principal business addresses within and without the state of Idaho, the name of the person authorized to receive and accept service of summons and legal notices of all kinds for the applicant within the state of Idaho and such other information as the commission may require. Each application shall be accompanied with a license fee of two hundred dollars ($200) and by good and sufficient surety bond in the penal sum of two thousand dollars ($2,000) executed by the applicant and as principal and by a surety company authorized to do business in the state of Idaho as surety and conditioned upon the applicant's full and complete compliance with the provisions of this act and all of the rules and orders of the commission. The commission shall investigate each applicant thoroughly and if the commission is satisfied that the applicant is of good character and reputation and is financially responsible, a license shall be issued for the period ending on the next succeeding first Monday of January, otherwise the application shall be denied. The commission may revoke a license after thirty (30) days' written notice of its intention so to do, and after providing the licensee with an opportunity for an appropriate contested case in accordance with the provisions of chapter 52, title 67, Idaho Code, if the licensee shall willfully fail to fully and completely comply with the provisions of this act and all of the rules and orders of the commission. Upon the revocation of such licenses the full amount of the bond shall be forfeited and damages in that sum shall be conclusively presumed to have been incurred by the commission. All license fees and all bond forfeitures shall be deposited as provided in section 22-3811, Idaho Code. Any person aggrieved by the final action of the commission is entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.

History:

[22-3813, added 1969, ch. 49, sec. 13, p. 126; am. 1993, ch. 216, sec. 5, p. 591; am. 1996, ch. 91, sec. 4, p. 275.]
Idaho Code § 22-607 — Idaho Code / Title 22 / Chapter 6 / Section 22-607
22-607 LABELS — INFORMATION REQUIRED.
Status: in_force

22-607. Labels — Information required. (1) Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in a clearly legible and conspicuous form the following information:

(a) The net weight;

(b) The brand and grade, provided that the grade shall not be required when no primary nutrients are claimed;

(c) Product name;

(d) Guaranteed analysis;

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

(f) The sources from which the guaranteed plant nutrients are derived; and

(g) Directions for use of specialty fertilizers distributed to the end user.

(2) In the case of bulk shipments, this information in written or printed form, shall accompany delivery and be supplied to the purchaser.

(3) Each delivery of a customer-formula fertilizer shall contain those ingredients specified by the purchaser. The ingredients shall be shown on the statement or invoice with the amount contained therein, and a record of all invoices of customer-formula grade mixes shall be kept by the registrant for a period of thirty-six (36) months and shall be available to the department upon request; provided, that each delivery shall be accompanied by either a statement, invoice, delivery slip, or label if bagged, containing the following information:

(a) The net weight;

(b) The guaranteed analysis or evidence of grade which may be stated to the nearest tenth of a percent or to the next lower whole number, or weight and grade of each ingredient;

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

(d) The name and address of the purchaser.

History:

[22-607, added 2000, ch. 295, sec. 2, p. 1017; am. 2008, ch. 131, sec. 3, p. 371.]
Idaho Code § 22-2217 — Idaho Code / Title 22 / Chapter 22 / Section 22-2217
22-2217 STOP-SALE ORDERS.
Status: in_force

22-2217. Stop-sale orders. (1) The director may issue and enforce a written "stop-sale, use or removal" order to the manufacturer, distributor, owner, or custodian of any soil amendment or plant amendment, or any lot thereof, if he determines that:

(a) A soil amendment or plant amendment is not properly registered or its registration has been revoked under this chapter; or

(b) A soil amendment or plant amendment is misbranded or adulterated.

(2) The order may require the person to whom it is directed to hold the soil amendment or plant amendment, or lot thereof, that is the subject of the order at a designated place until the requirements of this chapter are satisfied and all costs and expenses reasonably incurred by the department in connection with the withdrawal are paid by or on behalf of the person to whom the order was directed.

History:

[22-2217, added 2001, ch. 250, sec. 3, p. 912; am. 2022, ch. 27, sec. 8, p. 81.]
Idaho Code § 22-2811 — Idaho Code / Title 22 / Chapter 28 / Section 22-2811
22-2811 PENALTIES FOR VIOLATIONS.
Status: in_force

22-2811. Penalties for violations. (1) Any person that violates or fails to comply with any of the provisions of this chapter may be assessed a civil penalty by the department or its duly authorized agent of no more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney's fees.

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

(3) 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.

(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.

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

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

History:

[22-2811, added 2026, ch. 218, sec. 8, p. 914.]
Idaho Code § 22-2506 — Idaho Code / Title 22 / Chapter 25 / Section 22-2506
22-2506 RIGHT TO INSPECT — PENALTY FOR RESISTING.
Status: in_force

22-2506. Right to inspect — Penalty for resisting. The director shall have the right to enter the premises of any beekeeper where bees or equipment are kept, and inspect such bees or equipment, and any person resisting or refusing to allow such inspection shall be guilty of a misdemeanor.

History:

[(22-2506) 22-2524, added 1963, ch. 305, sec. 8, p. 795; am. 1987, ch. 96, sec. 9, p. 190; am. and redesig. 2006, ch. 86, sec. 7, p. 253.]
Idaho Code § 22-3115 — Idaho Code / Title 22 / Chapter 31 / Section 22-3115
22-3115 PENALTY FOR VIOLATION.
Status: in_force

22-3115. Penalty for violation. 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 orders 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 five hundred dollars ($500) or by imprisonment for 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 22-3112.

History:

[22-3115, added 1955, ch. 224, sec. 15, p. 489; am. 1967, ch. 216, sec. 11, p. 650.]
Idaho Code § 22-2402 — Idaho Code / Title 22 / Chapter 24 / Section 22-2402
22-2402 DEFINITIONS.
Status: in_force

22-2402. Definitions. As used in this chapter:

(1) "Agency" means:

(a) In the case of the federal government, any authority which exercises administrative control over defined areas of federal lands within the state of Idaho;

(b) In the case of the state of Idaho, any department, board, commission, or institution;

(c) In the case of local government, cities, counties and any legal subdivisions thereof, drainage districts, irrigation districts, canal companies, highway districts, or any special taxing district.

(2) "Applicable fund or account" means:

(a) In the case of the state of Idaho, the noxious weed account, which is hereby created and established in the dedicated fund and which shall be used exclusively for the purposes prescribed by this chapter;

(b) In each county, the noxious weed fund, which is hereby created and established and shall be maintained in each county and which shall be used exclusively for the purposes prescribed by this chapter.

(3) "Aquatic plant" means any plant growing in, or closely associated with, the aquatic environment and includes, but is not limited to, riparian plants.

(4) "Article" means a particular kind of object, and includes any type of conveyance, mode of transport or associated materials such as water.

(5) "Classical biological control" means the introduction of control agents into a region, that is not part of their natural range, to suppress permanently the populations of selected target weeds usually also introduced into that region. "Augmentative biological control" means the supplemental release of control agents into a region, that is part of their natural range, to suppress permanently the populations of selected target weeds.

(6) "Containment" means halting the spread of a weed infestation beyond specified boundaries.

(7) "Control" means any or all of the following: prevention, rehabilitation, eradication or modified treatments.

(8) "Control authority" means:

(a) On the state level, the director of the department of agriculture;

(b) On the county level, the board of county commissioners.

(9) "Cooperative weed management area (CWMA)" means a distinguishable hydrologic, vegetative or geographic zone based upon geography, weed infestations, climate or human-use patterns. Cooperative weed management areas may be composed of a portion of a county, a county, portions of several counties, or portions of one (1) or more states.

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

(11) "Director" means the director of the department of agriculture or the director's designated agent.

(12) "Eradication" means the elimination of a noxious weed based on absence as determined by a visual inspection by the control authority during the current growing season.

(13) "Integrated weed management plan (IWMP)" means a plan developed to manage, control or eradicate a noxious weed(s) from a cooperative weed management area or other weed management area. Integrated weed management strategies may include, but are not limited to, prevention, cultural, mechanical, chemical and biological methods.

(14) "Land" means all soil or water or other growing medium.

(15) "Landowner" means:

(a) The person who holds legal title to the land, except that portion for which another person has the right to exclude others from possession of the parcel; or

(b) A person with an interest in a parcel of land such that the person has the right to exclude others from possession of the parcel.

(16) "Modified treatment" means treatment specified in an integrated weed management plan.

(17) "Noxious weed" means any plant having the potential to cause injury to public health, crops, livestock, land or other property; and which is designated as noxious by the director.

(18) "Person" means any individual, partnership, firm, agency, corporation, company, society or association.

(19) "Prevention" means:

(a) Any action that reduces the potential for the introduction or establishment of a plant species in areas not currently infested with that species; or

(b) Any action that deters the spread of noxious weeds.

(20) "Quarantine" means the regulation of the production, movement, or existence of plants, plant products, animals, animal products, or any other article or material, or the normal activity of persons, to prevent or limit introduction or spread of noxious weeds.

(21) "Rehabilitation" means the process of reconditioning formerly weed infested land to a productive or desirable condition.

(22) "Riparian" means the green, vegetated areas along the edge of water bodies like rivers, creeks, canals, lakes, springs, sloughs, potholes and wetlands. They are the transition zone between upland and aquatic ecosystems. Underlying saturated soil is a key feature in riparian areas.

(23) "State noxious weed advisory committee" means an advisory committee appointed by the director to advise and to assist in development, modification and direction of a statewide noxious weed management strategy.

(24) "Viable" means a plant or plant part capable of surviving or living successfully, especially under particular environmental conditions.

(25) "Waters" means all the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through, or which border upon the state.

(26) "Weed control advisory committee" means a committee established by weed control agencies or authorities, at the county level, or a steering committee of a cooperative weed management area, to develop and to recommend implementation of integrated weed management plans and strategies.

(27) "Hybrid" means the offspring of two (2) plants of different breeds, varieties, species or genera.

(28) "Releasing" means releasing, placing, planting, or causing to be released, a species in a water body, facility, water supply system, field, garden, planted area, ecosystem or otherwise into the environment within the state of Idaho.

(29) "Researcher" means someone who has the generally accepted education, experience and position within the biological control research community.

(30) "Research facility" means:

(a) Any laboratory, institution, college or university, at which scientific tests, experiments or peer-reviewed investigations involving the use of any living plants are carried out, conducted or attempted and that receives funds under a grant, award or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests or experiments and that uses generally accepted protocols at an equivalent or higher level than a U.S. centers for disease control and prevention biosafety level 1 facility; or

(b) Any privately funded laboratory, institution, college or university at which scientific tests, experiments or peer-reviewed investigations involving the use of any living plants are carried out, conducted or attempted and that uses generally accepted protocols at an equivalent or higher level than a U.S. centers for disease control and prevention biosafety level 1 facility.

History:

[(22-2402) 22-2472, 22-2442, added 1970, ch. 149, sec. 3, p. 448; am. 1981, ch. 309, sec. 4, p. 636; am. 1987, ch. 331, sec. 3, p. 692; am. and redesig. 1989, ch. 298, sec. 3, p. 732; am. and redesig. 1993, ch. 247, sec. 2, p. 860; am. 1999, ch. 75, sec. 1, p. 213; am. 2006, ch. 225, sec. 1, p. 669; am. 2015, ch. 279, sec. 1, p. 1139; am. 2016, ch. 198, sec. 1, p. 553.]
Idaho Code § 22-2320 — Idaho Code / Title 22 / Chapter 23 / Section 22-2320
22-2320 IMPORTED NURSERY OR FLORIST STOCK TO BEAR CERTIFICATE OF ORIGIN — CONTENTS.
Status: in_force

22-2320. Imported nursery or florist stock to bear certificate of origin — Contents. Nursery or florist stock imported into Idaho must be accompanied by a certificate from the place of origin, signed by an authorized agent or representative of the agency supervising and responsible for carrying out the nursery and florist stock laws of such originating state or country. The certificate shall contain additional information as may be required by the department to carry out and enforce the provisions of this chapter.

History:

[(22-2320) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 20, p. 313.]
Idaho Code § 22-4601 — Idaho Code / Title 22 / Chapter 46 / Section 22-4601
22-4601 DEFINITIONS.
Status: in_force

22-4601. Definitions. As used in this chapter:

(1) "Aquaculture" means the husbandry of aquatic plants and animals, both public and private.

(2) "Aquaculture facility" means any facility, hatchery, pond, lake or stream or any other waters where fish are held, raised and produced for sale.

(3) "Aquatic life" means all types of aquatic plants and animals or wildlife (invertebrate or vertebrate), approved for importation by the director of the department of fish and game pursuant to authority granted to him by the fish and game commission pursuant to the commission's authority under section 36-104(b)(6), Idaho Code, and all life stages whether publicly or privately held.

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

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

(6) "Person" means an individual, partnership, corporation, company or other business entity and any agent or officer of any partnership, corporation, company or other business entity.

History:

[22-4601, added 1992, ch. 273, sec. 1, p. 844; am. 1994, ch. 363, sec. 1, p. 1138.]
Idaho Code § 22-415 — Idaho Code / Title 22 / Chapter 4 / Section 22-415
22-415 LABEL REQUIREMENTS — AGRICULTURAL, VEGETABLE, FLOWER, TREE AND SHRUB SEEDS.
Status: in_force

22-415. Label requirements — Agricultural, vegetable, flower, tree and shrub seeds. Before each container of seed is sold, offered for sale, exposed for sale, or delivered under a contract within this state for sowing purposes, it shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information:

(1) For agricultural seeds and mixtures:

(a) The name of the kind or the kind and variety of each agricultural seed component in excess of five percent (5%) of the whole, and the percentage by weight of each pure seed. The name of the kind and variety shall be on the label of seeds of wheat, barley and dry-edible beans, or if any mixture containing any kinds herein listed, the names of the varieties shall be listed. When more than one (1) pure seed is present, the word "mixture" or the word "mixed" and the name of the mixture shall be shown conspicuously on the label. Hybrids shall be labeled as hybrids.

(b) Lot number or other lot identification.

(c) Origin by state or foreign country, if known. If the origin is unknown, that fact shall be stated.

(d) Percentage by weight of all other crop seeds combined, none of which individually exceeds five percent (5%) of the total weight. If a mixture contains no crop seed, that shall be stated or shown.

(e) Percentage by weight of inert matter.

(f) Percentage by weight of all weed seeds.

(g) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present. All determinations of noxious weed seeds shall be subject to tolerances and methods of determination prescribed in the rules and regulations under this chapter.

(h) Germination for each named agricultural seed:

(i) Percentage of germination, exclusive of hard seed;

(ii) Percentage of hard seed, if present;

(iii) The calendar month and year the test was completed to determine the percentages;

(iv) A tetrazolium test is deemed sufficient to meet germination labeling requirements if the species is included in the director's published list.

(i) Name and address of the person who labeled the seed, or who sells or delivers seed under a contract, or his federal consumer marketing service number or agricultural marketing service number.

(2) For vegetable seeds in packets or preplanted containers, mats, tapes or other planting devices:

(a) Name of kind of seed;

(b) Lot identification;

(c) The year for which the seed was packed for sale, or the percentage of germination and the calendar month and year the germination test was completed.

(d) For seeds which germinate less than the standard last established by the director in the rules and regulations promulgated under this chapter:

(i) Percentage of germination, exclusive of hard seed;

(ii) Percentage of hard seed, if present;

(iii) The calendar month and year the test was completed to determine such percentages;

(iv) The words "Below Standard" in not less than 8-point type;

(v) A tetrazolium test is deemed sufficient to meet germination labeling requirements if the species is included in the director's published list.

(e) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds, a statement to indicate the number of seeds in each container or net weight.

(f) Name and address of the person who labeled the seed, or who sells or delivers seed under a contract, or his federal consumer marketing service number or agricultural marketing service number.

(3) For vegetable seeds, in mixtures, in bulk, or in containers other than packets and preplanted containers, mats, tape, or other devices:

(a) The name of each kind and variety present in excess of five percent (5%) of the whole, and the percentage by weight of each in order of predominance;

(b) Lot identification;

(c) Germination for each named vegetable seed:

(i) Percentage of germination, exclusive of hard seed;

(ii) Percentage of hard seed, if present;

(iii) The calendar month and year the germination test was completed;

(iv) A tetrazolium test is deemed sufficient to meet germination labeling requirements if the species is included in the director's published list.

(d) The labeling requirements for vegetable seeds in containers of more than eight (8) ounces shall be satisfied if the seed is weighed from an accurately labeled container in the presence of the purchaser.

(e) Name and address of the person who labeled the seed, or his federal consumer marketing service number or agricultural marketing service number.

(4) For flower seeds:

(a) The name of the kind and variety or a statement of type and performance;

(b) The calendar month and year the seed was tested or the year the seed was packaged;

(c) The name and address of the person who labeled or who sells the seed or his federal consumer marketing service number or agricultural marketing service number;

(d) In packets or preplanted containers, mats, tapes or other planting devices, and in addition to the requirements of paragraphs (a) through (c) of subsection (4) of this section:

(i) The number of seeds or net weight in the container;

(ii) The percentage of germination exclusive of hard seed for those seeds which germinate less than the germination standards established in the rules and regulations promulgated under this chapter; and

(iii) The words "Below Standard" in not less than 8-point type.

(e) In containers other than packets or preplanted containers, mats, tapes or other planting devices, and in addition to requirements of paragraphs (a) through (c) of subsection (4) of this section:

(i) Lot number or other lot identification;

(ii) Percentage of germination, exclusive of hard seed, and the percentage of hard seed, if present.

(5) For tree and shrub seed:

(a) Common name of the species;

(b) The scientific name of the genus and species;

(c) Lot number or other lot identification;

(d) Origin, if known. If the origin is unknown that fact shall be stated:

(i) For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, geographic description, or political subdivision;

(ii) For seed collected from other than a predominantly indigenous stand, identify the area of collection and the origin of the stand, or state "origin not indigenous."

(e) The elevation, or the upper and lower limits of elevations, within which the seed was collected.

(f) Purity as a percentage of pure seed by weight.

(g) For those species for which standard germination testing procedures are prescribed by the director:

(i) Percentage of germination, exclusive of hard seed;

(ii) Percentage of hard seed, if present;

(iii) The calendar year and month the germination test was completed.

(h) Transported in bulk, an invoice is sufficient to meet labeling requirements when the container is identified with a lot number.

(i) The name and address of the person who sells the seed or his federal consumer marketing service number or agricultural marketing service number.

(6) For all agricultural, vegetable, flower, tree and shrub seeds treated to prevent contamination, infection or disease:

(a) A word or statement indicating the seed has been treated;

(b) The common or generic name of the applied substance, or description of the process used;

(c) The appropriate toxicity category signal word and precautionary statements which correspond to the toxicity categories set forth in title 40, code of federal regulations, effective July 1, 1989;

Signal Words for Toxicity Categories

Toxicity Category Signal Word I DANGER

If assigned to toxicity category I on the basis of oral, inhalation or dermal toxicity, the word "Poison" shall appear in red on a background of distinctly contrasting color and the skull and crossbones shall appear in immediate proximity to the word "Poison".

II WARNING III CAUTION IV CAUTION

(d) When more than one (1) substance is applied, each substance shall be noted on the label, and the seed shall be labeled for the substance with the higher level of toxicity category; and

(e) An expiration date of any inoculant applied to the seed.

(7) For agricultural seeds coated with any substance which changes the size, shape or weight of the original seed:

(a) Percentage of pure seeds with coating material removed;

(b) Percentage of coating material; and

(c) Percentage of germination.

(8) The arbitration requirement provided in section 22-436, Idaho Code.

History:

[22-415, added 1951, ch. 243, sec. 2, p. 508; am. 1974, ch. 18, sec. 4, p. 364; am. 1985, ch. 22, sec. 2, p. 37; am. 1987, ch. 188, sec. 2, p. 373; am. 1989, ch. 370, sec. 1, p. 927; am. 1990, ch. 89, sec. 1, p. 184; am. 1991, ch. 171, sec. 1, p. 413; am. 1993, ch. 70, sec. 1, p. 184.]
Idaho Code § 22-2906 — Idaho Code / Title 22 / Chapter 29 / Section 22-2906
22-2906 COOPERATION WITH OTHER AGENCIES.
Status: in_force

22-2906. Cooperation with other agencies. The regents of the University of Idaho, through the bean growing experiment station, are hereby authorized to cooperate with the United States department of agriculture, or any other recognized agencies of the United States, the state of Idaho, or with other states, in the conducting and carrying on of the experiments and experimental work herein provided to be made, and to enter into contracts for this purpose, so as to pay all, or a proportionate amount of the costs of such work as may be deemed best to be undertaken in the interests of the state.

History:

[22-2906, added 1949, ch. 178, sec. 6, p. 375.]
Idaho Code § 22-2813 — Idaho Code / Title 22 / Chapter 28 / Section 22-2813
22-2813 PAYMENT OF EXPENSES AND COSTS.
Status: in_force

22-2813. Payment of expenses and costs. All expenses and costs incurred in the administration of this chapter shall be paid out of the Idaho honey fund. The commission shall keep an accurate record of all costs and expenditures and will report the same by publication on October 1 of each year. All expenses and costs incurred and contracted for by the commission in performing its duties under this chapter shall be paid out of such Idaho honey fund in the following manner: vouchers shall be approved and submitted by the commission chairman to the director or his designated representative of the department for approval and subsequent issuance of a warrant by the state controller.

History:

[(22-2813) 22-2809, added 1951, ch. 62, sec. 2, p. 91; am. 1974, ch. 13, sec. 6, p. 138; am. 1994, ch. 180, sec. 20, p. 435; am. 2003, ch. 32, sec. 6, p. 120; am. and redesig. 2012, ch. 123, sec. 9, p. 346; am. 2015, ch. 124, sec. 6, p. 314; am. 2026, ch. 218, sec. 10, p. 914.]
Idaho Code § 22-1902 — Idaho Code / Title 22 / Chapter 19 / Section 22-1902
22-1902 LEGISLATIVE FINDINGS.
Status: in_force

22-1902. Legislative findings. The legislature finds that:

(1) The purpose of this chapter is to address the concerns about the increasing threat of invasive species by providing policy direction, planning and authority to combat invasive species infestations throughout the state and to prevent the introduction of new species that may be harmful;

(2) The land, water and other resources of Idaho are being severely affected by invasions of an increasing number of harmful, invasive species;

(3) These invasions are damaging Idaho's environment and causing economic hardships;

(4) Idaho is a national leader in the control of invasive species, particularly noxious weeds and agricultural pests, and has a strong network of local, state, federal, tribal and private entities actively and cooperatively combating the threat;

(5) Prevention, early detection, rapid response and eradication are the most effective and least costly strategies against invasive species because they combat new invasions before they expand beyond feasible control;

(6) Implementing these strategies requires the state of Idaho to enhance its capacity to prioritize risks, prevent new invasions, employ early detection and rapid response techniques, apply state of the art control and management strategies, coordinate multiple public and private efforts and involve the public;

(7) An effective invasive species program must foster and support local initiatives; and

(8) The multitude of public and private entities with an interest in controlling and preventing the spread of harmful invasive species in Idaho need a mechanism for cooperation and collaboration to meet the threat of invasive species.

History:

[22-1902, added 2008, ch. 387, sec. 1, p. 1062.]
Idaho Code § 22-3101 — Idaho Code / Title 22 / Chapter 31 / Section 22-3101
22-3101 SHORT TITLE.
Status: in_force

22-3101. Short title. This act shall be known as the Hop Industry Act.

History:

[22-3101, added 1955, ch. 224, sec. 1, p. 489.]
Idaho Code § 22-2601 — Idaho Code / Title 22 / Chapter 26 / Section 22-2601
22-2601 DECLARATION OF POLICY.
Status: in_force

22-2601. Declaration of policy. In order to promote, foster and encourage the intelligent and orderly marketing of agricultural products through cooperation and to eliminate speculation and waste, and to make the distribution of agricultural products as direct as can be efficiently done between producer and consumer, and to stabilize the marketing problems of agricultural products, this chapter is passed.

History:

[(22-2601) 1921, ch. 124, sec. 1, p. 298; I.C.A., sec. 22-2001.]
Idaho Code § 22-3110 — Idaho Code / Title 22 / Chapter 31 / Section 22-3110
22-3110 PENALTY FOR ASSESSMENT DEFAULTS.
Status: in_force

22-3110. Penalty for assessment defaults. Any grower or dealer who fails to make collection or to file return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five per cent (5%) of the amount of the assessment determined to be due, as provided in this act, plus one per cent (1%) of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such assessment became due. The commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and disposed of as provided with respect to moneys derived from the assessments levied and imposed by this act.

History:

[22-3110, added 1955, ch. 224, sec. 10, p. 489; am. 1967, ch. 216, sec. 6, p. 650.]
Idaho Code § 22-802 — Idaho Code / Title 22 / Chapter 8 / Section 22-802
22-802 APPLE GRADES — ANNUAL PUBLICATION OF REGULATIONS.
Status: in_force

22-802. Apple grades — Annual publication of regulations. It shall be unlawful for any grower thereof or association or organization of growers packing apples to mark the package with the grade of the contents unless such contents shall comply with the general rules and regulations made, adopted, issued and published from time to time by the director of the department of agriculture, which general rules and regulations shall govern the packing of apples and define and establish the standards for the several grades thereof; which general rules and regulations shall be adopted, issued and published within ninety (90) days after the taking effect of this chapter and the director of the department of agriculture is authorized and directed in the month of July of each year to make, adopt, issue and publish general rules and regulations governing the packing of apples and establishing and defining the grades thereof for the ensuing year and in adopting the same the director is authorized to consult and advise with fruit growers, the officers of associations or organizations of apple growers, or distributors or dealers in apples.

History:

[(22-802) 1919, ch. 192, sec. 2, p. 275; C.S., sec. 2039; I.C.A., sec. 22-802; am. 1957, ch. 85, sec. 1, p. 135; am. 1974, ch. 18, sec. 12, p. 364; am. 1976, ch. 70, sec. 1, p. 238.]
Idaho Code § 22-4716 — Idaho Code / Title 22 / Chapter 47 / Section 22-4716
22-4716 IMPOSITION OF TAX — LATE FEES.
Status: in_force

22-4716. Imposition of tax — Late fees. (1) From and after the first day of July 1996, there is hereby levied and imposed a tax of ten cents (10¢) per hundred weight on all oilseed sold or contracted in this state through commercial channels. The tax shall be due on or before the time when the oilseed is first sold or contracted in the commercial channels in this state and shall be paid at the times the commission may by rule prescribe, but not later than the 15th day of the month next succeeding the three (3) month period in which the oilseed is sold or contracted in commercial channels. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax.

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

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

(4) Any person or firm who pays taxes to the commission at a date later than that prescribed in this section may be subject to assessment of a late payment penalty as set forth by rule of the commission. The penalty shall not exceed the rate of eighteen percent (18%) per annum on the amount due. In addition to the penalty, the commission may recover all costs and fees, including reasonable attorney's fees, incurred in collecting the tax and penalty provided for in this section.

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

History:

[22-4716, added 1996, ch. 216, sec. 1, p. 708; am. 2007, ch. 60, sec. 11, p. 147.]
Idaho Code § 22-2309 — Idaho Code / Title 22 / Chapter 23 / Section 22-2309
22-2309 LICENSE NOT TRANSFERABLE — MOVING PLACE OF BUSINESS.
Status: in_force

22-2309. License not transferable — Moving place of business. (1) A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee is changed or if the membership of a partnership is changed, irrespective of whether or not the business name is changed.

(2) The license issued to a grower or dealer applies to the particular premises named in the license. However, if prior approval is obtained from the department, the place of business may be moved to other premises or locations without the necessity of relicensing.

History:

[(22-2309) added 1984, ch. 231, sec. 2, p. 557; am. and redesig. 1998, ch. 89, sec. 9, p. 310.]
Idaho Code § 22-2314 — Idaho Code / Title 22 / Chapter 23 / Section 22-2314
22-2314 INSPECTION OF LICENSED AND UNLICENSED NURSERIES — ADDITIONAL INSPECTIONS AND SPECIAL SERVICES — FEES.
Status: in_force

22-2314. Inspection of licensed and unlicensed nurseries — Additional inspections and special services — Fees. (1) The department shall inspect each licensed nursery and florist as often as the department considers necessary to determine and control pests.

(2) The department may make additional inspections and perform special services as needed in addition to those in paragraph (a) of this subsection including, but not limited to:

(a) Inspections for and issuance of phytosanitary certificates and other certificates required for entrance of nursery or florist stock into other states and foreign countries;

(b) Services performed to verify compliance with import regulations of other states and foreign countries; and

(c) Observing application of pesticides, including fumigants, on nursery or florist stock for phytosanitary purposes.

(3) The director shall maintain a schedule of fees for such additional inspections as may be required or requested.

History:

[(22-2314) added 1984, ch. 231, sec. 2, p. 558; am. and redesig. 1998, ch. 89, sec. 14, p. 311.]
Idaho Code § 22-3715 — Idaho Code / Title 22 / Chapter 37 / Section 22-3715
22-3715 INSPECTIONS.
Status: in_force

22-3715. Inspections. The commission may inspect the premises and records of any grower, carrier, handler, packer, dealer or processor for the purposes of enforcing this act and the collection of the assessment.

History:

[22-3715, added 1967, ch. 70, sec. 15, p. 157.]
Idaho Code § 22-2806 — Idaho Code / Title 22 / Chapter 28 / Section 22-2806
22-2806 ADMINISTRATION, WHERE VESTED.
Status: in_force

22-2806. Administration, where vested. The administration of this act shall be vested in the Idaho honey commission which shall administer the taxes levied and imposed by this act.

History:

[22-2806, added 1949, ch. 147, sec. 6, p. 301; am. 2015, ch. 124, sec. 4, p. 313.]
Idaho Code § 22-3706 — Idaho Code / Title 22 / Chapter 37 / Section 22-3706
22-3706 RESEARCH — ADVERTISING — INVESTIGATION.
Status: in_force

22-3706. Research — Advertising — Investigation. The commission shall provide for and conduct a comprehensive and extensive research, advertising and educational campaign as continuous as the crop, sales and market condition reasonably require. It will investigate and ascertain the needs of growers, conditions of the market and extent to which the public convenience and necessity require research and advertising to be conducted.

History:

[22-3706, added 1967, ch. 70, sec. 6, p. 157.]
Idaho Code § 22-2809 — Idaho Code / Title 22 / Chapter 28 / Section 22-2809
22-2809 LEVY AND COLLECTION OF TAXES — CHANGE OF TAX BY REFERENDUM — VIOLATIONS — PENALTY.
Status: in_force

22-2809. Levy and collection of taxes — Change of tax by referendum — Violations — Penalty. (1) There is hereby levied and imposed upon each colony or hive of bees within the state of Idaho on July 1 of each year a continuing annual tax of five cents (5¢) per hive or colony of bees for the purpose of carrying out the provisions of this chapter. Hobbyist beekeepers, as defined in chapter 25, title 22, Idaho Code, are exempt from taxation under this section. Provided however, that any hobbyist beekeeper who desires to support the efforts of the commission, as set forth in section 22-2807, Idaho Code, may register with the commission for that purpose by remitting an annual registration fee of ten dollars ($10.00).

(2) The tax may be decreased to not less than three cents (3¢) per hive or colony per year or it may be increased to not more than ten cents (10¢) per hive or colony per year, if approved by a majority of the beekeepers voting in a referendum held for the purpose of determining whether such levy of the tax shall or shall not be changed. If the levy of the tax is changed, the levy of the tax will continue annually at the changed rate until again changed by another referendum. Any resident of Idaho who is a registered Idaho beekeeper with the department, and is not exempt from taxation as provided in subsection (1) of this section, may vote at such referendum. Any referendum held for the purpose of changing the levy of such tax shall be held at the annual meeting of the Idaho honey industry association or any successor organization to this group.

(3) Notice of the tax provided for in this section shall be mailed no later than June 1 and the tax shall be due and payable on or before July 1 of each year, and it shall be collected by the department and shall forthwith be paid over by the department to the Idaho honey fund.

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

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

History:

[(22-2809) 22-2808, added 1970, ch. 46, sec. 1, p. 95; am. 1991, ch. 225, sec. 1, p. 537; am. 2006, ch. 87, sec. 2, p. 257; am. and redesig. 2012, ch. 123, sec. 5, p. 343; am. 2014, ch. 46, sec. 2, p. 123; am. 2015, ch. 124, sec. 5, p. 314; am. 2026, ch. 218, sec. 5, p. 912.]
Idaho Code § 22-306 — Idaho Code / Title 22 / Chapter 3 / Section 22-306
22-306 COMPENSATION AND MILEAGE OF DIRECTORS.
Status: in_force

22-306. Compensation and mileage of directors. Said directors shall receive as compensation thirty-five dollars ($35.00) per diem while actually engaged in the business of the district and the mileage rate established by the state board of examiners pursuant to the authority in section 67-2008, Idaho Code, for state officers, agents and employees for each mile actually and necessarily traveled while transacting such business.

History:

[(22-306) 1925, ch. 131, sec. 6, p. 185; I.C.A., sec. 22-306; am. 1970, ch. 23, sec. 1, p. 50; am. 1975, ch. 7, sec. 1, p. 11; am. 1978, ch. 371, sec. 1, p. 976.]
Idaho Code § 22-505 — Idaho Code / Title 22 / Chapter 5 / Section 22-505
22-505 RULES.
Status: in_force

22-505. Rules. The department is hereby authorized to promulgate rules that may be necessary for the efficient enforcement of the provisions of this chapter including, but not limited to, requirements for planting, testing, sampling, inspection, and compliance verification procedures. The department may by rules, establish a schedule of fees for services performed by the department in the administration of the rules. Receipts of these fees shall be deposited in the agricultural inspections account created pursuant to section 22-105, Idaho Code.

History:

[22-505, added 1996, ch. 215, sec. 5, p. 702.]
Idaho Code § 22-5301 — Idaho Code / Title 22 / Chapter 53 / Section 22-5301
22-5301 BOARD CREATED.
Status: in_force

22-5301. board created. (1) Notwithstanding the provisions of section 25-2612A, Idaho Code, there is hereby created the Idaho wolf depredation control board in the office of the governor for the purpose of directing and managing funds as provided for in this chapter for wolf depredation control within the state of Idaho. The board shall be composed of five (5) members, three (3) of whom shall be appointed by the governor. 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 board. The membership of the board shall consist at all times of members representing the following executive agencies and interests:

(a) The director of the department of agriculture;

(b) The director of the department of fish and game;

(c) A member representative of sportsmen's interests;

(d) A member representative of the livestock industry; and

(e) A member of the public at large, not to exclude any person who may have sportsmen or livestock interests.

Members of the board not representing an executive agency will be appointed by the governor.

(2) Each member of the board shall be a citizen of the United States and a bona fide resident of the state of Idaho. During a term of office, a member must continue to possess all of the qualifications necessary for appointment. Failure to maintain such qualifications shall be cause for removal from office. The governor may remove any appointed board member at will.

(3) On July 1, 2014, the governor shall appoint each member who is not an executive agency director to an initial term as follows: the member representative of sportsmen's interests shall serve an initial appointment of two (2) years; the member representative of the livestock industry shall serve an initial appointment of two (2) years and the member of the public at large shall serve an initial appointment of three (3) years. All subsequent terms of appointment of all appointed board members shall be two (2) years. Vacancies shall be filled as terms expire. Each of such board members shall hold office until his successor has been appointed. The term of office shall commence on July 1 of the year of appointment and expire on June 30 of the last year of the term of office.

(4) Vacancies in any unexpired term shall be filled by appointment by the governor for the remainder of the unexpired term. The member appointed to fill a vacancy shall represent the same interest as the member whose office has become vacant.

History:

[22-5301, added 2014, ch. 188, sec. 2, p. 500.]
Idaho Code § 22-2507 — Idaho Code / Title 22 / Chapter 25 / Section 22-2507
22-2507 CHAPTER CONSTRUED TO PERMIT TRANSPORTATION OF BEES — PERMIT.
Status: in_force

22-2507. Chapter construed to permit transportation of bees — Permit. This chapter shall not be construed to prevent the transportation across the Idaho state line of bees in hives, or bee supplies and equipment, between bee yards owned by, or under the control of a beekeeper registered pursuant to section 22-2510, Idaho Code. Bee colonies in transit through Idaho shall be netted while within the borders of Idaho and no such bees shall be off loaded in Idaho without full compliance of the laws.

History:

[(22-2507) 22-2529, added 1963, ch. 305, sec. 13, p. 795; am. 1987, ch. 96, sec. 13, p. 191; am. 1990, ch. 414, sec. 1, p. 1148; am. and redesig. 2006, ch. 86, sec. 10, p. 254.]
Idaho Code § 22-4011 — Idaho Code / Title 22 / Chapter 40 / Section 22-4011
22-4011 BONDS OF AGENTS AND EMPLOYEES.
Status: in_force

22-4011. 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 as prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.

History:

[22-4011, added 1988, ch. 194, sec. 1, p. 355.]
Idaho Code § 22-4207 — Idaho Code / Title 22 / Chapter 42 / Section 22-4207
22-4207 POWERS AND DUTIES OF COMMISSION.
Status: in_force

22-4207. 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 research director, research staff, a secretary, advertising manager, advertising agents, agents, 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/or 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 a research program to improve the quality of alfalfa seed and clover seed, to develop and improve control measures for disease and pests which attack alfalfa and alfalfa seed pollinators and clover and clover seed pollinators and to improve alfalfa and clover growing culture and to disseminate such information among the growers and dealers of the state and to make such research contracts and other agreements as may be necessary.

(8) To plan and conduct a publicity and sales promotion campaign to increase the sale and use of Idaho alfalfa seed and clover seed and to make such publicity and sales promotion contracts and other agreements as may be necessary.

(9) To establish and maintain the executive offices of the commission at any place within the state of Idaho, which designated place may be changed at the discretion of the commission.

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

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

(12) To investigate and prosecute in the name of the state of Idaho violations of this act; to investigate and prosecute in the name of the state of Idaho any suit or action for the collection of assessments as hereinafter provided, or to protect brands, marks, packages, brand names or trademarks being promoted by the commission.

(13) To promote the sale and use of Idaho alfalfa seed and clover seed.

(14) To provide for and conduct a comprehensive and extensive research, promotion and educational campaign as continuous as the crop, sales and market conditions reasonably require.

History:

[22-4207, added 1974, ch. 184, sec. 7, p. 1481; am. 1994, ch. 180, sec. 35, p. 449; am. 2000, ch. 201, sec. 7, p. 500.]
Idaho Code § 22-1908 — Idaho Code / Title 22 / Chapter 19 / Section 22-1908
22-1908 AUTHORITY TO CONDUCT INSPECTIONS.
Status: in_force

22-1908. Authority to conduct inspections. (1) In order to accomplish the purposes of this chapter, the director may enter upon and inspect any public or private premises, lands, bodies of water, or means of conveyance, or article of any person within this state, for the purpose of inspecting, surveying, treating, controlling, collecting samples, or destroying any invasive species.

(2) The director may establish check stations at points of entry to the state, or other facilities and sites throughout the state, as necessary to carry out the provisions of this chapter.

(3) No person shall proceed past or travel through an established inspection station during its hours of operation while towing, carrying or transporting any conveyance without presenting such conveyance for inspection.

History:

[22-1908, added 2008, ch. 387, sec. 1, p. 1064; am. 2010, ch. 342, sec. 2, p. 898.]
Idaho Code § 22-4205 — Idaho Code / Title 22 / Chapter 42 / Section 22-4205
22-4205 NOMINATIONS FOR GROWER MEMBERS OF COMMISSION — QUALIFICATIONS.
Status: in_force

22-4205. nominations for grower members of commission — qualifications. (1) For the purpose of nominating grower members of the commission, at a meeting of the Idaho alfalfa and clover seed growers association, the board of directors shall review the names of active growers in Idaho that meet the qualifications as provided in this section. By June 1 of each year, the names of two (2) grower members nominated by the association for each vacancy occurring on the commission shall be submitted to the governor for his consideration. Each member nominated for the commission shall be a resident citizen of the state of Idaho for a period of four (4) years prior to his election or selection, shall have active experience in growing alfalfa seed or clover seed and shall be now actually engaged in growing alfalfa seed or clover seed in Idaho and shall derive a substantial portion of his income from growing alfalfa seed or clover seed or be the directing or managing head of a corporation, firm, partnership, or other business unit which derives a substantial portion of its income from growing alfalfa seed or clover seed. To continue holding office, each member must remain qualified. The governor may remove any member who becomes disqualified during his term of office or who is unable to carry out his duties. The term of office of each member of the commission shall terminate on the last day of June of the year in which the term for which the member was elected ends, but each member of the commission shall serve until his respective successor is elected and has qualified. From such list of nominees, the governor shall designate and appoint one (1) as a member of the commission.

(2) A general meeting of the Idaho Eastern Oregon Seed Association shall nominate two (2) dealers, one (1) of whom shall be appointed as provided for in this act by June 30 of each year, and one (1) of whom shall be designated as alternate.

History:

[22-4205, added 1974, ch. 184, sec. 5, p. 1481; am. 1998, ch. 121, sec. 2, p. 452; am. 2000, ch. 201, sec. 6, p. 499; am. 2006, ch. 365, sec. 2, p. 1103; am. 2011, ch. 181, sec. 2, p. 513.]
Idaho Code § 22-2203 — Idaho Code / Title 22 / Chapter 22 / Section 22-2203
22-2203 DEFINITIONS.
Status: in_force

22-2203. Definitions. As used in this chapter:

(1) "Aged" means exposed to weathering and/or natural decay, such that the original material is significantly altered.

(2) "Biosolid(s)" means a primary organic solid material produced by wastewater treatment processes that can be beneficially recycled for its plant nutrient content and soil amending characteristics, as regulated under the code of federal regulations, 40 CFR 503, as amended.

(3) "Brand" means the term, designation, trademark, product name or other specific designation under which individual soil amendments or plant amendments are offered for sale.

(4) "Bulk" means in nonpackaged form or in packages of one (1) cubic yard or more.

(5) "Bulk density" means dry weight per unit of volume.

(6) "Compost" means a biologically stable material derived from the composting process.

(7) "Composting" means the biological decomposition of organic matter. It is accomplished by mixing and piling in such a way to promote aerobic and/or anaerobic decay. The process inhibits pathogens, viable weed seeds and odors.

(8) "Coproduct" means a chemical substance produced for a commercial purpose during the manufacture, processing, use or disposal of another chemical substance or mixture.

(9) "Customer formula mix" means a soil amendment or plant amendment which is prepared to the specifications of the final purchaser.

(10) "Deficiency" means the amount of ingredient found by analysis to be less than that guaranteed, which may result from a lack of ingredients or lack of uniformity.

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

(12) "Director" means the director of the Idaho department of agriculture or his duly authorized representative.

(13) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend soil amendments or plant amendments, or to offer for sale, sell, barter or otherwise supply soil amendments and plant amendments in this state.

(14) "Distributor" means any person who distributes.

(15) "Horticultural growing media" means any substance or mixture of substances which is promoted as or is intended to function as a growing medium for the managed growth of horticultural crops in containers and shall be considered a plant amendment for the purposes of this chapter.

(16) "Investigational allowance" means an allowance for variations inherent in the taking, preparation and analysis of an official sample of soil amendments or plant amendments.

(17) "Label" means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a soil amendment or plant amendment.

(18) "Labeling" means all written, printed or graphic matter, upon or accompanying any soil amendment or plant amendment, or advertisements, brochures, posters, or television or radio announcements used in promoting the sale of the soil amendment or plant amendment.

(19) "Manipulation" means actively processed or treated in any manner.

(20) "Manufacture" means to compound, produce, granulate, mix, blend, repackage or otherwise alter the composition of soil amendment or plant amendment materials.

(21) "Micronutrients" means boron (B); chlorine (Cl); cobalt (Co); copper (Cu); iron (Fe); manganese (Mn); molybdenum (Mo); sodium (Na); and zinc (Zn).

(22) "Minimum percentage" means that percent of plant or soil amending ingredient that must be present in a product before the product will be accepted for registration when mentioned in any form or manner.

(23) "Mulch" means any organic or inorganic soil surface cover used to help retain moisture longer in the soil by retarding evaporation, to discourage weed growth, to help maintain a constant temperature by insulating the soil, to discourage runoff and soil erosion by shielding the soil surface from water abrasion or to promote water absorption and retention.

(24) "Official sample" means any sample of soil amendment or plant amendment taken by the director or his agent.

(25) "Organic" refers only to naturally occurring substances generally recognized as the hydrogen compounds of carbon and their derivatives.

(26) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, wood wastes from logging and milling operations and food wastes. "Organic waste-derived material" does not include products that contain biosolids as defined in subsection (2) of this section.

(27) "Other ingredients" means the nonsoil amending or nonplant amending ingredients present in soil amendments or plant amendments.

(28) "Percent" or "percentage" means by weight.

(29) "Person" means individual, partnership, association, firm or corporation.

(30) "Plant amendment" means any natural or synthetic substance applied to plants or seeds which is intended to improve germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants except commercial fertilizers, soil amendments, limes, unmanipulated animal manure and vegetable organic waste-derived materials, pesticides, mulch and other materials which may be exempted by rule.

(31) "Processed" means deliberately treated or manipulated to modify or transform physical, chemical, or biological characteristics of the natural state of a substance.

(32) "Raw" means in the natural state, and not prepared, modified, processed or manipulated for use.

(33) "Registrant" means the person(s) who registers soil amendments or plant amendments under this chapter.

(34) "Soil amendment" means:

(a) Any substance which is intended to improve the physical, chemical or biological characteristics of the soil to favor plant growth; or

(b) Any material which is represented as having a primary function of enhancing, changing or modifying soil microorganism reproduction, activity or population, or material which is represented as having the primary function of forming or stabilizing soil aggregates in soil to which it is to be applied and thereby improving the resistance of the soil to the slaking action of water, increasing the soil's water and air permeability or infiltration, improving the resistance of the surface of the soil to crusting, improving ease of cultivation of soil, or otherwise favorably modifying the structural or physical properties of soil; and

(c) "Soil amendment" does not include commercial fertilizers, plant amendments, limes, gypsum, unmanipulated animal manures and vegetable organic waste-derived materials, pesticides, mulch and other material which may be exempted by rule of the department.

(35) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.

(36) "Verification of label claims" means explanatory information describing how the registrant determined the truthfulness and accuracy of the registrant's words or statements describing the product according to recognized standards.

(37) "Waste-derived soil amendment" or "waste-derived plant amendment" means any soil amendment or plant amendment that is derived from an industrial byproduct, coproduct or other material that would otherwise be disposed of if a market for reuse were not an option, but does not include any soil amendment or plant amendment derived from biosolids or biosolid products regulated under the code of federal regulations, 40 CFR 503, as amended.

(38) "Weight" means the weight of material as offered for sale.

(39) "Wood" means the hard fibrous material located beneath the bark of trees, which constitutes the greatest part of the stems of trees and shrubs.

When not specifically stated in this section or otherwise designated by the department in rule, the department will be guided by the definitions of general terms, fertilizer materials and soil and plant amendment materials as set forth in the Official Publication of the Association of American Plant Food Control Officials (AAPFCO), or the Merck Index, published by Merck & Co., Inc.

History:

[22-2203, added 2001, ch. 250, sec. 3, p. 903.]
Idaho Code § 22-3612 — Idaho Code / Title 22 / Chapter 36 / Section 22-3612
22-3612 RECORDS.
Status: in_force

22-3612. Records. Every dealer and grower shall keep a complete and accurate record of all apples 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:

[22-3612, added 1966 (2nd E.S.), ch. 17, sec. 12, p. 39.]
Idaho Code § 22-2614 — Idaho Code / Title 22 / Chapter 26 / Section 22-2614
22-2614 STOCK — MEMBERSHIP CERTIFICATES — WHEN ISSUED — VOTING — LIABILITY — LIMITATIONS ON TRANSFER AND OWNERSHIP.
Status: in_force

22-2614. Stock — Membership certificates — When issued — Voting — Liability — Limitations on transfer and ownership. (1) When a member of an association established without capital stock, has paid his membership fee in full, he shall receive a certificate of membership.

(2) No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the members' right to vote.

(3) Except for debts lawfully contracted between him and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee or his subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof.

(4) No stockholder of a cooperative association shall own more than one-twentieth (1/20) of the issued common stock of the association; and an association, in its bylaws, may limit the amount of common stock which one (1) member may own to any amount less than one-twentieth (1/20) of the issued common stock.

(5) Any association organized with stock under this act may issue preferred stock, with or without the right to vote. Such stock may be redeemable or retirable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate.

(6) The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of the agricultural products handled by the association, and such restrictions must be printed upon every certificate of stock subject thereto.

(7) The bylaws shall require that any association organized under this act satisfies the following requirements:

(a) Operate for the mutual benefit of the members thereof, as producers;

(b) Not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members; and

(c) Conform to one (1) or both of the following:

(i) That no member of the association is allowed more than one (1) vote because of the amount of stock or membership capital he may own therein; or

(ii) That the association does not pay dividends on stock or membership capital in excess of eight percent (8%) per annum.

(8) The association may, at any time, except when the debts of the association exceed fifty per cent (50%) of the assets thereof, buy in or purchase its common stock at book value thereof as conclusively determined by the board of directors and pay for it in cash within one (1) year thereafter.

History:

[(22-2614) 1921, ch. 124, sec. 14, p. 298; I.C.A., sec. 22-2014; am. 2019, ch. 49, sec. 1, p. 134.]
Idaho Code § 22-2410 — Idaho Code / Title 22 / Chapter 24 / Section 22-2410
22-2410 WEED CONTROL ADVISORY COMMITTEES.
Status: in_force

22-2410. Weed control advisory committees. (1) Control agencies or authorities may appoint persons to a weed control advisory committee, who shall be persons knowledgeable of noxious weeds and the damage done by such weeds. The members of the advisory committee shall be residents of or landowners in one (1) of the counties included in the cooperative weed management area, and shall be appointed for renewable terms of two (2) years.

(2) It shall be the function of each weed control advisory committee to:

(a) Assist in planning and carrying out noxious weed control programs within or across county, state or federal boundaries as may be provided by cooperative agreement among the participating parties for control of noxious weeds in cooperative weed management areas; and

(b) Act as liaison to other weed control advisory committees; and

(c) Provide a forum for public input on matters relating to the control of noxious weeds.

(3) Members of the advisory committee may be reimbursed for actual and necessary expenses when on committee business. Expense payments may be made from the noxious weed fund.

(4) Advisory committees have no executive powers and act in an advisory capacity only.

History:

[(22-2410) 1981, ch. 309, sec. 16, p. 649; am. 1987, ch. 331, sec. 15, p. 703;am. and redesignated 1989, ch. 298, sec. 15, p. 744; am. and redesig. 1993, ch. 247, sec. 13, p. 869; am. 1999, ch. 75, sec. 6, p. 219.]
Idaho Code § 22-4701 — Idaho Code / Title 22 / Chapter 47 / Section 22-4701
22-4701 SHORT TITLE.
Status: in_force

22-4701. Short title. This chapter shall be known and may be cited as the "Oilseed Research and Development Act."

History:

[22-4701, added 1996, ch. 216, sec. 1, p. 704; am. 2007, ch. 60, sec. 2, p. 143.]
Idaho Code § 22-3805 — Idaho Code / Title 22 / Chapter 38 / Section 22-3805
22-3805 POWERS AND DUTIES — ADMINISTRATION AND ENFORCEMENT.
Status: in_force

22-3805. Powers and duties — Administration and enforcement. 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 research director, research staff, a secretary, advertising manager, advertising agents, agents, 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 or 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 a research program to improve the quality of mint, to develop and improve control measures for disease and pests which attack mint and to improve mint growing culture and to disseminate such information among the growers and to make such research contracts and other agreements as may be necessary.

(8) To plan and conduct an advertising, publicity and sales promotion campaign to increase the sale and use of mint and to make such advertising, publicity and sales promotion contracts and other agreements as may be necessary.

(9) To prohibit the distillation of any mint not actually grown in the state of Idaho.

(10) To establish and maintain the executive offices of the commission at any place within the state of Idaho which designated place may be changed at the discretion of the commission.

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

(12) 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 mint and mint rootstock established pursuant to the laws of the state of Idaho.

(13) To plan and conduct a research program for improving old varieties and developing new varieties of mint; to propagate any such improved old varieties or such new varieties of mint; to patent any such improved old varieties or such new varieties of mint 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 mint and to patent, copyright, or otherwise protect such names; 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 mint including the rootstock thereof and the mint 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 mint, including the rootstock thereof and the mint produced therefrom; to advertise and promote the commercial use of such improved old varieties and new varieties of mint; 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 mint including the rootstock 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 mint including the rootstock thereof and the increase thereof and the use of trade names and trademarks to designate mint produced from any such improved old varieties or such new varieties of mint including the rootstock thereof and the mint 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 mint, including the rootstock thereof and the mint produced therefrom; to advertise and promote the commercial use of such improved old varieties and new varieties of mint; 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 mint including the rootstock 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 mint including the rootstock thereof and the increase thereof and the use of trade names and trademarks to designate mint produced from any such improved old varieties or such new varieties of mint. Nothing in this section is intended to interfere with, restrict or in any way discourage the development of improved old varieties or new varieties by dealers, growers or other private parties and such powers and duties as are conferred upon the commission hereby are restricted to such improvement of old varieties or development of new varieties which are improved or developed by the commission and such improved old varieties as are developed by dealers, growers or other private parties are not subject to the provisions of this section.

(14) 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:

[22-3805, added 1969, ch. 49, sec. 5, p. 126; am. 1974, ch. 18, sec. 92, p. 364; am. 1994, ch. 180, sec. 32, p. 446.]
Idaho Code § 22-3407A — Idaho Code / Title 22 / Chapter 34 / Section 22-3407A
22-3407A USE OF IRRIGATION SYSTEM FOR CHEMIGATION — COMPLIANCE WITH STANDARDS AND REQUIREMENTS.
Status: in_force

22-3407A. Use of irrigation system for chemigation — Compliance with standards and requirements. Any person who utilizes an irrigation system for chemigation shall comply with any standards and requirements which are established pursuant to section 22-3421, Idaho Code, and shall be certified and licensed as provided in this chapter.

History:

[22-3407A, added 1999, ch. 69, sec. 9, p. 188.]
Idaho Code § 22-2626 — Idaho Code / Title 22 / Chapter 26 / Section 22-2626
22-2626 APPLICATION OF GENERAL CORPORATION LAWS.
Status: in_force

22-2626. Application of general corporation laws. The provisions of the general corporation laws of this state as they apply to nonprofit corporations, and all powers and rights thereunder, shall apply to the associations organized hereunder, except where such provisions are in conflict with or inconsistent with the express provisions of this chapter.

History:

[(22-2626) 1921, ch. 124, sec. 26, p. 298; I.C.A., sec. 22-2026; am. 1978, ch. 308, sec. 1, p. 772.]
Idaho Code § 22-2717 — Idaho Code / Title 22 / Chapter 27 / Section 22-2717
22-2717 DEFINITIONS.
Status: in_force

22-2717. Definitions. Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:

(1) "Administrator" means the administrator for the Idaho state soil and water conservation commission.

(2) "Agency" includes the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state.

(3) "Agricultural pollution abatement plan" or "ag plan" means the document developed by the state soil and water conservation commission and approved by the commission and the department of environmental quality, that provides appropriate technical, programmatic, informational and educational processes, guidelines and policies for addressing agricultural pollution.

(4) "Best management practices" or "BMPs" means practices, techniques, or measures developed or identified by the designated agency and identified in the state water quality management plan which are determined to be a cost-effective and practicable means of preventing or reducing pollutants generated from nonpoint sources to a level compatible with water quality goals.

(5) "Commission" or "state soil and water conservation commission" means the agency created in section 22-2718, Idaho Code.

(6) "Conservation plan" means a description of identified natural resource issues and a specific schedule of implementation of component practices necessary to resolve those specific resource issues as agreed upon by the landowner.

(7) "Designated agency" is as defined in section 39-3602, Idaho Code.

(8) "District," "conservation district," "soil conservation district," or "soil and water conservation district" means a governmental subdivision(s) of this state, and a public body corporate and politic, organized in accordance with the provisions of this chapter, for the purposes, with the powers and subject to the restrictions hereinafter set forth.

(9) "Due notice" means notice published at least twice, with an interval of at least seven (7) days between the two (2) publication dates, in a newspaper or other publication of general circulation within the appropriate area, or if no such publication of general circulation be available, by posting at a reasonable number of conspicuous places within the appropriate area, such posting to include, where possible, posting at public places where it may be customary to post notices concerning county or municipal affairs generally. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjournment dates.

(10) "Eligible applicant" means an individual agricultural owner, operator, partnership, corporation, conservation district, irrigation district, canal company or other agricultural or grazing interest.

(11) "Government" or "governmental" includes the government of this state, the government of the United States, and any subdivisions, agency, or instrumentality, corporate or otherwise, of either of them.

(12) "Landowner" or "owner" includes any person, firm, or corporation who shall hold title to any lands lying within a district organized under the provisions of this chapter. A buyer on contract, who is the occupier of land, shall be construed as landowner.

(13) "Land user" means any entity with a lease, permit or similar business agreement with a landowner to implement, manage or utilize such land for activities related to use of the land.

(14) "Natural resources conservation service" or "NRCS" means the agency governed by the provisions of 16 U.S.C. sections 590a through 590d and 590f.

(15) "Nominating petition" means a petition filed under the provisions of section 22-2721, Idaho Code, to nominate candidates for the office of supervisor of a soil conservation district.

(16) "Participant" means an individual agricultural owner, operator, partnership, private corporation, conservation district, irrigation district, canal company, or other agricultural or grazing interest approved by the commission or an individual agricultural owner, operator, partnership, or private corporation approved for implementation of conservation improvements, projects, or the water quality program for agriculture.

(17) "Project sponsor" means a conservation district, irrigation district, canal company, or other agricultural or grazing interest, as determined appropriate by the commission, that enters into a conservation improvement or water quality project agreement with the commission.

(18) "Qualified elector" means any person who is qualified to vote pursuant to the requirements of section 34-104, Idaho Code.

(19) "Riparian land" means the beds of streams, the adjacent vegetation communities and the land thereunder, which are predominately influenced by their association with water and are privately owned.

(20) "Specifications" means the materials, operations and procedures necessary to obtain the desired standards of construction and installation.

(21) "Standards" means the minimum limits of technical excellence of a component practice for its planning, design and construction.

(22) "State" means the state of Idaho.

(23) "Supervisor" means one (1) of the members of the governing body of a district elected or appointed in accordance with the provisions of this chapter.

(24) "Total maximum daily load" is as defined in section 39-3602, Idaho Code.

(25) "United States" or "agencies of the United States" includes the United States of America, the natural resources conservation service of the United States department of agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.

History:

[22-2717, added 1957, ch. 218, sec. 3, p. 476; am. 1982, ch. 254, sec. 1, p. 646; am. 1995, ch. 118, sec. 7, p. 429; am. 1997, ch. 180, sec. 2, p. 500; am. 2000, ch. 160, sec. 2, p. 406; am. 2003, ch. 107, sec. 3, p. 336; am. 2010, ch. 279, sec. 2, p. 721; am. 2022, ch. 271, sec. 1, p. 870; am. 2026, ch. 56, sec. 2, p. 246.]
Idaho Code § 22-5112 — Idaho Code / Title 22 / Chapter 51 / Section 22-5112
22-5112 DUTY TO PROSECUTE.
Status: in_force

22-5112. Duty to prosecute. It shall be the duty of each prosecuting attorney to whom a violation is reported by the department, to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction.

History:

[22-5112, added 2002, ch. 256, sec. 1, p. 741.]
Idaho Code § 22-1206 — Idaho Code / Title 22 / Chapter 12 / Section 22-1206
22-1206 PENALTY FOR TAX DEFAULTS.
Status: in_force

22-1206. Penalty for tax defaults. Any handler, dealer or grower who fails to make collection or file return or to pay any tax within the time required by or pursuant to this act shall thereby forfeit to the state a penalty of ten per cent (10%) of the amount of tax determined to be due, as provided in this act, plus one and one-half percent (1 1/2%) of such amount of tax determined to be due for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such tax became due; but the commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the Idaho potato commission and disposed of as provided with respect to moneys derived from the taxes levied and imposed by this act.

History:

[22-1206, added 1939, ch. 172, sec. 6, p. 312; am. 1973, ch. 121, sec. 2, p. 229; am. 1985, ch. 109, sec. 2, p. 213.]
Idaho Code § 22-2607 — Idaho Code / Title 22 / Chapter 26 / Section 22-2607
22-2607 MEMBERS.
Status: in_force

22-2607. Members. a. Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock, only to persons engaged in the production of agricultural products to be handled by or through the association, or to agricultural producers using supplies handled by or through the association organized for that purpose, including the lessees and tenants of land used for the production of such products and any lessors and landlords who receive as rent part of the crop raised on the leased premises.

b. If a member of a nonstock association be other than a natural person, such member may be represented by any individual, associate, officer or member thereof, duly authorized in writing.

c. One association organized hereunder may become a member or stockholder of any other association or associations, organized hereunder.

History:

[(22-2607) 1921, ch. 124, sec. 7, p. 298; I.C.A., sec. 22-2007; am. 1933, ch. 212, sec. 3, p. 445.]
Idaho Code § 22-604 — Idaho Code / Title 22 / Chapter 6 / Section 22-604
22-604 ADOPTION OF RULES.
Status: in_force

22-604. Adoption of rules. The department shall administer, enforce, and carry out the provisions of this chapter and may adopt rules necessary to carry out its purposes including, but not limited to, the proper use, handling, transportation, storage, display, distribution, sampling, records, analysis, form, minimum percentages, fertilizer ingredients, exempted materials, investigational allowances, definitions, labels, labeling, misbranding, mislabeling and disposal of fertilizers and their containers. The adoption of rules is subject to public hearing as prescribed by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.

History:

[22-604, added 2000, ch. 295, sec. 2, p. 1015; am. 2001, ch. 147, sec. 3, p. 519.]
Idaho Code § 22-3705 — Idaho Code / Title 22 / Chapter 37 / Section 22-3705
22-3705 POWERS AND DUTIES.
Status: in_force

22-3705. Powers and duties. The Idaho cherry commission shall have, but is not limited to, the following powers and duties:

(1) To elect a chairman and such other officers as it deems advisable.

(2) To appoint and employ, and at its pleasure discharge, all necessary agents, employees and professional and other personnel, including experts in agriculture and the publicizing of the products thereof, and to prescribe their duties and fix their compensation.

(3) To establish offices and incur expenses and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter.

(4) To aid in finding new markets for cherries and cherry products.

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

(6) To make public and encourage the widespread national and international use of cherries and cherry products.

(7) To investigate and participate in studies of the problems peculiar to the growers of cherries in the state of Idaho.

(8) To take such action as to the commission seems necessary or advisable in order to promote the sale of cherries and to protect the cherry industry.

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

(10) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state of Idaho.

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

(12) To investigate and prosecute in the name of the state of Idaho violations of this chapter; to investigate and prosecute in the name of the state of Idaho any suit or action for the collection of assessments as hereinafter provided, or to protect brands, marks, packages, brand names or trademarks being promoted by the commission.

(13) To do any and all things that will promote the sale of cherries.

(14) To keep an accurate record of all its dealings, which shall be open to inspection by the state controller.

(15) To sue and be sued.

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

(17) To, in its discretion, by rule create districts within the state for the purpose of carrying out the provisions of this chapter.

History:

[22-3705, added 1967, ch. 70, sec. 5, p. 157; am. 1994, ch. 180, sec. 30, p. 444; am. 2015, ch. 156, sec. 5, p. 547.]
Idaho Code § 22-5122 — Idaho Code / Title 22 / Chapter 51 / Section 22-5122
22-5122 COLLECTION AND REMITTANCE OF ASSESSMENTS — PRINCIPAL AMOUNT HELD IN TRUST — INTEREST EARNED — FAILURE TO COLLECT OR REMIT ASSESSMENTS CONSTITUTES A VIOLATION — INTEREST AND PENALTIES FOR UNPAID ASSESSMENTS.
Status: in_force

22-5122. Collection and remittance of assessments — Principal amount held in trust — Interest earned — Failure to collect or remit assessments constitutes a violation — Interest and penalties for unpaid assessments. (1) The department shall promulgate rules to provide a procedure for the collection and remittance of the producer's assessments. Seed buyers who owe producers for the transfer of seed crop or have stored for withdrawal seed crop shall be responsible for the collection of the producer's assessments and the remittance of the assessments collected to the department.

(2) Seed buyers shall remit to the department assessments collected according to the provisions of this chapter. Payments will be made no later than the twentieth day of the month following the close of the calendar quarter on a form prescribed by the department. There are four (4) calendar quarters in the year, beginning on the first day of the months of January, April, July and October. Assessment reports shall be submitted even though assessments for the period have not been collected. Failure to do so will result in a penalty of one hundred dollars ($100).

(3) The principal amount of assessments paid by, or deducted from, payments to producers by seed buyers, is held in trust for the seed indemnity fund immediately upon collection by seed buyers and is not property of the seed buyer.

(4) Interest earned on assessments prior to remittance to the department belongs to the seed buyer.

(5) If a seed buyer fails to collect or remit assessments as required it shall be considered a violation of the provisions of this chapter and shall subject the seed buyer to suspension or revocation of any license issued to the seed buyer under the provisions of this chapter.

(6) The department shall collect, on assessments unpaid within the time limits specified in this chapter, interest at the rate of ten percent (10%) per annum until the assessments are remitted together with a penalty of five percent (5%) each month on the unpaid assessment due until the maximum penalty of twenty-five percent (25%) is reached.

History:

[22-5122, added 2002, ch. 256, sec. 1, p. 744.]
Idaho Code § 22-1106 — Idaho Code / Title 22 / Chapter 11 / Section 22-1106
22-1106 FEES — ORGANIC FOOD PRODUCTS ADMINISTRATION ACCOUNT.
Status: in_force

22-1106. Fees — Organic food products administration account. The director may adopt rules establishing a fee schedule that will provide for the recovery of the full cost of the certification program. Fees collected pursuant to this section shall be deposited in the organic food products administration account which is hereby created in the dedicated fund of the state treasury. Moneys in the account shall be used solely for carrying out the provisions of this chapter and may be expended only pursuant to appropriation. The director may employ as many personnel as are necessary to carry out the provisions of this chapter.

History:

[22-1106, added 1990, ch. 145, sec. 1, p. 327; am. 2001, ch. 75, sec. 5, p. 183.]
Idaho Code § 22-2223 — Idaho Code / Title 22 / Chapter 22 / Section 22-2223
22-2223 NOT APPLICABLE TO WHOLESALE TRANSACTIONS.
Status: in_force

22-2223. Not applicable to wholesale transactions. This chapter does not restrict or preclude sales or exchanges of soil amendments or plant amendments to each other by importers, manufacturers or manipulators who mix soil amendment or plant amendment materials for sale or prevent the free and unrestricted shipments of soil amendments or plant amendments to manufacturers or manipulators who have registered their products as required in this chapter.

History:

[22-2223, added 2001, ch. 250, sec. 3, p. 914.]
Idaho Code § 22-5106 — Idaho Code / Title 22 / Chapter 51 / Section 22-5106
22-5106 ACTION BY PRODUCER INJURED.
Status: in_force

22-5106. Action by producer injured. Any producer injured by the breach of any financial obligation for which a bond, irrevocable letter of credit or certificate of deposit is written under this chapter, must petition the director to make demand upon the seed buyer, the certificate of deposit, irrevocable letter of credit, or on the bond to enforce payment of claims.

History:

[22-5106, added 2002, ch. 256, sec. 1, p. 740; am. 2003, ch. 151, sec. 3, p. 436.]
Idaho Code § 22-2411 — Idaho Code / Title 22 / Chapter 24 / Section 22-2411
22-2411 DELEGATION OF AUTHORITY.
Status: in_force

22-2411. Delegation of authority. The director of the department of agriculture 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 inspection and certification of crops, plants, plant parts or products thereof. Any agent designated hereunder shall be a servant of the state of Idaho and shall be acting in an official capacity for the state of Idaho and under the supervision of the director consistent with this chapter. 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 control of noxious aquatic plants in the waters of state responsibility may be carried out under the general supervision of the department, county, local government, special district authority, or other public body.

History:

[22-2411, added 1999, ch. 117, sec. 1, p. 351; am. 2006, ch. 225, sec. 7, p. 676.]
Idaho Code § 22-2623 — Idaho Code / Title 22 / Chapter 26 / Section 22-2623
22-2623 ASSOCIATION HERETOFORE ORGANIZED MAY ADOPT PROVISIONS OF CHAPTER.
Status: in_force

22-2623. Association heretofore organized may adopt provisions of chapter. Any corporation or association organized under previously existing statutes, may by a majority vote of its stockholders or members be brought under the provisions of this chapter by limiting its membership and adopting the other restrictions as provided herein. It shall make out in duplicate a statement signed and sworn to by its directors, upon forms supplied by the corporation commissioner, to the effect that the corporation or association has by a majority vote of its stockholders or members decided to accept the benefits and be bound by the provisions of this chapter. Articles of incorporation shall be filed as required in section 22-2608, except that they shall be signed by the members of the board of directors. The filing fee shall be the same as for filing an amendment to articles of incorporation.

History:

[(22-2623) 1921, ch. 124, sec. 23, p. 298; I.C.A., sec. 22-2023.]
Idaho Code § 22-3318 — Idaho Code / Title 22 / Chapter 33 / Section 22-3318
22-3318 PENALTIES.
Status: in_force

22-3318. Penalties. Any person who shall violate or aid in the violation of any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than three hundred dollars ($300) or imprisonment not to exceed ninety (90) days, or both. Fines collected for violation of this act shall be paid into any account of the commission established pursuant to section 22-3319, Idaho Code.

History:

[22-3318, added 1959, ch. 6, sec. 18, p. 13; am. 2012, ch. 77, sec. 12, p. 226.]
Idaho Code § 22-4705 — Idaho Code / Title 22 / Chapter 47 / Section 22-4705
22-4705 QUALIFICATION OF MEMBERS.
Status: in_force

22-4705. Qualification of members. Members of the commission shall be nominated and appointed because of their ability and willingness to serve the interests of the state of Idaho and their knowledge of the state's natural resources. Members shall be citizens of the United States, over twenty-five (25) years of age, and residents of the state of Idaho who are actually engaged in the growing of oilseed in the state and have been for at least the three (3) years immediately preceding appointment. Members must derive a substantial portion of their income from growing oilseed in the state of Idaho.

History:

[22-4705, added 1996, ch. 216, sec. 1, p. 705; am. 2007, ch. 60, sec. 6, p. 145.]
Idaho Code § 22-3111 — Idaho Code / Title 22 / Chapter 31 / Section 22-3111
22-3111 ENFORCEMENT OF ACT.
Status: in_force

22-3111. Enforcement of act. The commission shall have the power by its duly authorized agent or representative to enter upon the premises of any grower or dealer to examine any books, papers, records or memorandum bearing on the amount of assessments or license fees payable and to secure other information directly or indirectly concerned in the enforcement of this act. No person who is required to pay the assessments or license fees levied and imposed by this act shall by any practice or evasion make it difficult to enforce the provisions of this act by inspection, nor shall such person after demand by the commission, or any agent or representative designated by it for that purpose, refuse to allow full inspection of the premises or any part thereof or any books, records, documents or other instruments in any way relative to the liability of such person for the assessment or license fee herein imposed nor shall such person hinder or in any manner delay or prevent such inspection.

History:

[22-3111, added 1955, ch. 224, sec. 11, p. 489; am. 1967, ch. 216, sec. 7, p. 650.]
Idaho Code § 22-203 — Idaho Code / Title 22 / Chapter 2 / Section 22-203
22-203 TIME FOR CREATION.
Status: in_force

22-203. Time for creation. The county fair board may be created under the provisions of this act at any time before the first Monday in July in any year.

History:

[(22-203) 1929, ch. 208, sec. 3, p. 411; I.C.A., sec. 22-203.]
Idaho Code § 22-911 — Idaho Code / Title 22 / Chapter 9 / Section 22-911
22-911 RETAIL SALES OF POTATOES.
Status: in_force

22-911. Retail sales of potatoes. (a) It shall be unlawful within the state of Idaho to offer for sale or sell to any retail dealer for the purpose of resale to the consumer, or to offer for sale or sell to the consumer in any retail store or market in this state, any potato which has not been graded or which does not meet the grading standards of chapter 9, title 22, Idaho Code.

(b) All potatoes sold to the consumer by retail stores or markets in this state shall be graded and marked in accordance with the standards set forth in this chapter. Provided, however, that nothing in this act shall be construed as to prohibit the sale of bulk potatoes to the consumer in retail stores or markets if such potatoes are clearly identified to the consumer as to grade and state of origin.

(c) The director of the department of agriculture may cause to be made, by qualified inspectors appointed for that purpose, inspections of all potatoes offered for sale in all retail stores or markets, and at all wholesale distributors or potato dealers selling or offering potatoes for sale to retail outlets. Such inspections shall be for the purpose of ensuring that potatoes offered for sale are properly identified as to grade and are within the standards set forth in chapter 9, title 22, Idaho Code. Such inspectors shall order the removal or regrading and remarking of any potatoes which are misbranded or mismarked or which no longer meet the required standards of grade.

(d) The director shall adopt rules and regulations necessary to enforce the provisions of this section, and may regulate the handling, transportation, storage and display of all potatoes offered for sale to the consumers in this state so as to enhance the quality thereof.

History:

[I.C., sec. 22-911, as added by 1972, ch. 233, sec. 1, p. 614; am. 1974, ch. 18, sec. 14, p. 364.]
Idaho Code § 22-2722 — Idaho Code / Title 22 / Chapter 27 / Section 22-2722
22-2722 POWERS OF DISTRICTS AND SUPERVISORS.
Status: in_force

22-2722. Powers of districts and supervisors. A soil conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body corporate and politic, exercising public powers, and such district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this chapter:

(1) To conduct surveys, investigations, and research relating to the character of soil erosion, floodwater and sediment damages, for the conservation, development, utilization, and disposal of water and the prevention and control measures, and works of improvement needed, to publish results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures and works of improvement; provided, however, that in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies or with the United States or any of its agencies;

(2) To conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of such lands or the necessary rights of interests in such lands, in order to demonstrate by example the means, methods, and measures by which soil and soil resources may be conserved, and soil erosion in the form of soil-blowing and soil-washing may be prevented and controlled; works of improvement for flood prevention and the conservation, development, utilization, and disposal of water may be carried out;

(3) To carry out preventive and control measures and works of improvement for flood prevention or the conservation, development, utilization, and disposal of water within the districts including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and other appropriate best management practices, on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of such lands or the necessary rights or interests in such lands;

(4) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid, to any agency, governmental or otherwise, or any owner of lands within the district, in carrying on erosion control and prevention operations and works of improvement for flood prevention and the conservation, development, utilization, and disposal of water within the district, subject to such conditions as the supervisors may deem necessary to advance the purpose of this chapter;

(5) To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein and all such property shall be exempt from taxation for state, county and municipal purposes; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this chapter;

(6) To make available, on such terms as it shall prescribe, to landowners within the district, agricultural and engineering machinery or equipment, as will assist such landowners to carry on operations upon their lands for the conservation of soil resources and for the prevention and control of soil erosion and for flood prevention or the conservation, development, utilization, and disposal of water;

(7) To construct, improve, operate and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this chapter;

(8) To develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion and for flood prevention or the conservation, development, utilization, and disposal of water within the district, which plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specifications of engineering operations, method of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of land, and to publish such plans and information and bring them to the attention of occupiers of lands within the district;

(9) To take over, by purchase, lease, or otherwise, and to administer, any soil conservation, flood prevention, erosion control, or erosion prevention project, or combination thereof, located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies; to manage, as agent of the United States or any of its agencies; or of this state or any of its agencies, any soil conservation, flood prevention, erosion control, or erosion prevention project, or combination thereof, within its boundaries; to act as agent for the United States, or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil-conservation, flood-prevention, erosion-control, or erosion-prevention project, or combination thereof, within its boundaries; to accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this state or any of its agencies, and use or expend such moneys, services, material, or other contributions in carrying on its operations;

(10) To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to make, and from time to time amend and repeal, rules not inconsistent with this chapter, to carry into effect its purposes and powers;

(11) As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the supervisors may require contributions in moneys, services, materials, or otherwise to any operations conferring such benefits, and may require landowners to enter into and perform such agreements or covenants as to permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damages thereon;

(12) No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized hereunder unless the legislature shall specifically so state.

History:

[22-2722, added 1957, ch. 218, sec. 8, p. 476; am. 2003, ch. 107, sec. 5, p. 341.]
Idaho Code § 22-3814 — Idaho Code / Title 22 / Chapter 38 / Section 22-3814
22-3814 PENALTY.
Status: in_force

22-3814. Penalty. Every person who shall violate or aid in the violation of any of the provisions of this act or any of the rules or orders 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 five hundred dollars ($500) or by imprisonment, 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 22-3811, Idaho Code.

History:

[22-3814, added 1969, ch. 49, sec. 14, p. 126; am. 1996, ch. 91, sec. 5, p. 275.]
Idaho Code § 22-3312 — Idaho Code / Title 22 / Chapter 33 / Section 22-3312
22-3312 APPOINTMENT OF EXECUTIVE DIRECTOR — DUTIES — SALARY.
Status: in_force

22-3312. Appointment of executive director — Duties — Salary. The commission shall appoint an executive director who shall devote full time to the administration of this chapter. The executive director shall be paid a reasonable salary fixed by the commission, commensurate with his duties, and all necessary expenses.

History:

[22-3312, added 1959, ch. 6, sec. 12, p. 13; am. 2000, ch. 99, sec. 3, p. 219; am. 2012, ch. 77, sec. 9, p. 225.]
Idaho Code § 22-1212 — Idaho Code / Title 22 / Chapter 12 / Section 22-1212
22-1212 DEALERS' RECORDS — TAX RETURNS.
Status: in_force

22-1212. Dealers' records — Tax returns. Every dealer, or handler shall keep a complete and accurate record of all potatoes handled by him in the primary channel of trade, such record shall 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 potatoes handled by such dealer or handler in the primary channel of trade during the period or periods of time prescribed by the commission. Such returns shall contain such further information as the commission may require.

History:

[22-1212, added 1939, ch. 172, sec. 12, p. 312; am. 1969, ch. 213, sec. 10, p. 614.]
Idaho Code § 22-3104 — Idaho Code / Title 22 / Chapter 31 / Section 22-3104
22-3104 IDAHO HOP GROWER'S COMMISSION CREATED — QUALIFICATIONS.
Status: in_force

22-3104. Idaho hop grower's commission created — Qualifications. There is hereby created and established within the department of agriculture an Idaho hop grower's commission to be known and designated as such which shall be composed of five (5) practical growers, elected as provided in section 22-3113, Idaho Code. Each member of the commission shall be a resident citizen of the state of Idaho for a period of four (4) years prior to his election, shall have had active experience and be now actually engaged in growing hops in Idaho and shall derive a substantial portion of his income from growing hops or be the directing or managing head of a corporation, firm, partnership or other business unit which derives a substantial portion of its income from growing hops. To continue holding office, each member must remain qualified. The governor may remove a member if he becomes disqualified during his term of office or for inability to carry out his duties as commissioner. Upon the establishment of the commission, one (1) member shall serve for a term of one (1) year, two (2) members shall serve for a term of two (2) years, two (2) members shall serve for a term of three (3) years and thereafter all terms of office shall be for a term of three (3) years. The term of office of each member of the commission shall terminate on the third Monday of January of the year in which the term for which the member was elected ends, but each member of the commission shall serve until his respective successor is elected and has qualified. Before entering on the discharge of their duties as members of the commission, each member shall take and subscribe to the oath of office prescribed by law. A majority of the members of the commission shall constitute a quorum for the transaction of all business and the carrying out of all duties of the commission. The commission shall annually elect a chairman from among its members. Members of the commission shall receive no salary except upon the unanimous vote of the commission; however, members, officers and employees of the commission shall be compensated as provided by section 59-509(b), Idaho Code. The commission shall adopt uniform and reasonable regulations governing the incurring and paying of such expenses.

History:

[22-3104, added 1955, ch. 224, sec. 4, p. 489; am. 1967, ch. 216, sec. 1, p. 650; am. 1974, ch. 18, sec. 74, p. 364; am. 1980, ch. 247, sec. 14, p. 593; am. 1983, ch. 34, sec. 1, p. 84.]
Idaho Code § 22-101A — Idaho Code / Title 22 / Chapter 1 / Section 22-101A
22-101A RULES OF THE DIRECTOR.
Status: in_force

22-101A. Rules of the director. (1) The legislature directs that any rule proposed by the director that is broader in scope or more stringent than federal law or regulations, or 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 must 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.

(2)(a) In proposing any rule or portions of any rule pursuant to chapter 49, title 22, Idaho Code, chapter 38, title 25, Idaho Code, or chapters 4 and 6, title 37, Idaho Code, the director shall:

(i) Utilize the best peer reviewed science and supporting studies conducted in accordance with sound and objective scientific practices, if available;

(ii) Utilize data collected by accepted methods, or best available methods, if the reliability of the method and the nature of the decision justify use of the data, provided that special consideration shall be given to site-specific, local, statewide, and regional data, including economic information;

(iii) Explain how the rules are consistent with applicable legislative findings, policy, and intent; and

(iv) Make available for public review and comment, before making a rulemaking decision, all scientific studies, including underlying methodology, intended to be relied upon by the director.

Where not prohibited by federal or state law, the requirements imposed on agricultural operations shall be economically feasible, based on data, studies, and other information that may be presented to the director by interested parties to the rulemaking process.

(b) For purposes of this subsection, "economically feasible" means that the requirements, when viewed singularly and cumulatively with other requirements, and the costs and burden of implementation of the same, on agricultural operations are reasonably achievable and attainable within the physical, operational, economic, and other constraints that affect such agricultural operations and their local communities. The highest cost or most modern management practices should not be the sole basis for rulemaking.

(3) Any proposed rule subject to this section that proposes a standard necessary to protect human health and the environment shall also include in the rulemaking record requirements under chapter 52, title 67, Idaho Code, the following additional information:

(a) Identification of each population or receptor addressed by an estimate of public health effects or environmental effects;

(b) Identification of the expected risk or central estimate of risk for the specific population or receptor;

(c) Identification of each appropriate upper bound or lower bound estimate of risk;

(d) Identification of each significant uncertainty identified in the process of the assessment of public health effects or environmental effects and any studies that would assist in resolving the uncertainty; and

(e) Identification of studies known to the director that support, are directly relevant to, or fail to support any estimate of public health effects or environmental effects and the methodology used to reconcile inconsistencies in the data.

(4) The director shall also include a summary of the information required by subsection (3) of this section in the notice of rulemaking required by chapter 52, title 67, Idaho Code.

(5) Any rule promulgated or adopted by the director that is broader in scope or more stringent than federal law or regulations, or that regulates an activity not regulated by the federal government, submitted to the standing committee of the legislature pursuant to section 67-5291, Idaho Code, shall include a notice by the director identifying the portions of the adopted rule that are broader in scope or more stringent than federal law or rules or that regulate an activity not regulated by the federal government.

(6) Nothing provided herein is intended to alter the scope or effect of any other provision of state law that limits or prohibits agency action or rulemaking that is broader in scope or more stringent than federal law or regulations.

(7) The provisions of this section place conditions on the director's rulemaking authority, which authority is authorized pursuant to provisions other than those set forth in chapter 1, title 22, Idaho Code. Nothing provided in this section is intended to grant the director additional rulemaking authority.

(8) The requirements of this section shall apply to the director's promulgation of new rules as well as the amendment, extension, or renewal of rules in effect on the effective date of this act.

History:

[22-101A, added 2011, ch. 233, sec. 1, p. 636; am. 2021, ch. 128, sec. 1, p. 373.]
Idaho Code § 22-1605 — Idaho Code / Title 22 / Chapter 16 / Section 22-1605
22-1605 PENALTY FOR DISCLOSURES.
Status: in_force

22-1605. Penalty for disclosures. No person shall disclose any fact or information obtained pursuant to or under the provisions of this chapter except for the purpose of prosecuting or aiding in the prosecution of persons charged with the violation of the terms of this chapter. And any person violating any of the provisions of this section shall be guilty of a misdemeanor and punished accordingly.

History:

[(22-1605) 1917, ch. 23, sec. 5, p. 63; reen. C.L. 79:35; C.S., sec. 2055; I.C.A., sec. 22-1205.]
Idaho Code § 22-2501 — Idaho Code / Title 22 / Chapter 25 / Section 22-2501
22-2501 PUBLIC POLICY.
Status: in_force

22-2501. Public policy. The Idaho based bee industry has a need for inspections and certification in order to transport bees into other states for pollination; there is a further need to minimize the presence of bee pests and diseases within the state. Therefore, it is declared to be public policy of the state of Idaho to provide a qualified inspection service within the department of agriculture, to issue rules setting fees for such services and to take such action to control pests and diseases of bees as the resources provided under this chapter support.

History:

[(22-2501) 22-2517, added 1987, ch. 96, sec. 2, p. 188; am. and redesig. 2006, ch. 86, sec. 1, p. 251.]
Idaho Code § 22-913 — Idaho Code / Title 22 / Chapter 9 / Section 22-913
22-913 REMEDY BY INJUNCTION.
Status: in_force

22-913. Remedy by injunction. In addition to the remedy prescribed in the foregoing section for the violation of the provisions of this act, any person, firm or corporation violating, or threatening to violate, any of the provisions of this act may be enjoined from violating the same; such injunction proceedings may be instituted by the director of the department of agriculture as plaintiff, and the attorney general or prosecuting attorney of the county where the violation or threatened violation of this act has occurred, on demand of the director, shall represent the director in such proceedings. In any such proceedings no bond shall be required of the plaintiff.

History:

[22-913, added 1941, ch. 32, sec. 13, p. 72; am. 1974, ch. 18, sec. 15, p. 364.]
Idaho Code § 22-3402 — Idaho Code / Title 22 / Chapter 34 / Section 22-3402
22-3402 REGISTRATION — LABELS — INFORMATION REQUIRED — FEES.
Status: in_force

22-3402. Registration — Labels — Information required — Fees. (1) Any pesticide which is distributed within this state shall be registered with the department, and such registration shall be renewed annually.

(2) The registrant shall file with the department a statement including:

(a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant; and

(b) the name of the pesticide; and

(c) a complete copy of the labeling except for annual renewals where the registrant has certified that the product label on file with the department is unchanged; and

(d) if requested by the director the registrant shall furnish efficacy data upon which all the label claims are based for those products registered for special local needs as provided for in Section 24(c) of the Federal Insecticide, Fungicide, Rodenticide Act; and

(e) such other information as the director may require.

(3) Contents of the label:

(a) All pesticide labels shall contain statements, words, graphic material and any other information required by federal laws; and

(b) all labels for spray adjuvants shall contain but are not limited to:

1. The name of the pesticide; and

2. the name and address of the manufacturer. An unqualified name and address listed on the label shall be considered the manufacturer's name and address; and

3. the registrant's name and address. If the registrant's name appears on the label and the registrant is not the manufacturer, it must be qualified by appropriate wording such as "packaged for or distributed by"; and

4. the net contents; and

5. the name and type of functioning agents. If more than three (3) agents are present, only the three (3) principal agents need be named; and

6. the total percentage of constituents ineffective as a spray adjuvant; and

7. directions for use.

(4) Pesticides which have identical ingredient statements, identical label claims, are manufactured by the same company, and the labels of which bear a designation identifying the products as the same pesticide may be registered as a single pesticide provided the additional product names and labels are supplied and specified as one (1) pesticide.

(5) The director may register a pesticide if he determines that, when considered in connection with any restrictions imposed under section 22-3419, Idaho Code:

(a) Its composition is such as to warrant the proposed claims for it; and

(b) its labeling and other material required to be submitted comply with requirements of federal law and Idaho law; and

(c) it will not cause an unreasonable adverse effect on the environment; and

(d) in the case of an application for registration for a special local need:

1. A special local need exists, and

2. authority to issue the registration in question has been obtained from the administrator of EPA, pursuant to Section 24(c), Federal Insecticide, Fungicide, Rodenticide Act.

(6) The registrant shall pay an annual registration fee as prescribed by rule.

(7) If the application for renewal is not filed with the department prior to January 1 of each year a late penalty fee of five dollars ($5.00) per product shall be assessed and added to the original fee and shall be paid prior to the issuing of the renewal registration. No penalty fee shall be assessed if the applicant furnishes an affidavit stating that he did not distribute such unregistered pesticide subsequent to the expiration of registration of that pesticide.

(8) The director, whenever he deems it necessary in the administration of this act, may require the submission of the complete formula of any pesticide.

(9) A registration shall expire on December 31 following issuance unless the registration has been suspended or revoked as provided for in paragraph (10) of this section.

(10) Refusal to register, suspension:

(a) If it does not appear to the director that the composition of the pesticide is such as to warrant the proposed claims for it, or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this act or rules adopted thereunder, he shall notify the applicant of the manner in which the pesticide, labeling or other material required to be submitted fails to comply with the provisions of this act so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the required changes, the director may refuse to register the pesticide. The applicant may request a hearing as provided for in the provisions of chapter 52, title 67, Idaho Code.

(b) When the director determines that a pesticide or its labeling does not comply with the provisions of this act or the rules adopted thereunder, or when necessary to prevent unreasonable adverse effects on the environment, he may suspend, revoke, or modify the registration of such pesticide in accordance with the provisions of chapter 52, title 67, Idaho Code.

(11) Exemptions:

(a) The following pesticides are exempt from subsection (1) of this section:

1. A pesticide that is shipped intrastate from one plant to another operated by the same person solely for the purpose of repackaging or for use as a constituent part of another pesticide produced at the second plant; and

2. a pesticide labeled for experimental use only under the provisions of Section 5 of the Federal Insecticide, Fungicide, Rodenticide Act or section 22-3403, Idaho Code; and

3. a pesticide that is transported through the state to a destination outside of the state; and

4. a pesticide that is manufactured within the state solely for the purpose of exportation.

(b) Federal, state of Idaho, and other governmental agencies are exempt from subsections (6) and (7) of this section.

History:

[22-3402, added 1976, ch. 190, sec. 2, p. 692; am. 1993, ch. 54, sec. 1, p. 142; am. 1996, ch. 22, sec. 2, p. 47.]
Idaho Code § 22-2914 — Idaho Code / Title 22 / Chapter 29 / Section 22-2914
22-2914 DEFINITIONS.
Status: in_force

22-2914. Definitions. As used in this chapter:

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

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

(3) The term "beans" means all dry and garden beans sold or intended for human consumption or for seed purposes grown in the state of Idaho.

(4) "Shipment" of beans means loading beans within the state of Idaho in a car, bulk truck, or other conveyance, to be transported for sale or otherwise.

(5) The term "dealer" means and includes any person engaged in the business of buying, receiving, cleaning, or selling beans for profit or remuneration, in this state or another state.

(6) The term "handler" means any person handling beans in the primary channels of trade.

(7) The term "grower" means the actual producer of any beans defined in this chapter.

(8) "Delivery" means the placing of beans into primary channels of trade when any such beans are sold or delivered for shipment or delivered for canning or processing into by-products.

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

History:

[22-2914, added 1957, ch. 94, sec. 4, p. 158; am. 1972, ch. 351, sec. 1, p. 1038; am. 2025, ch. 162, sec. 2, p. 782.]
Idaho Code § 22-2218 — Idaho Code / Title 22 / Chapter 22 / Section 22-2218
22-2218 VIOLATIONS.
Status: in_force

22-2218. Violations. It is unlawful to:

(1) Distribute a misbranded soil amendment or plant amendment;

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

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

(4) Distribute a soil amendment or plant amendment which has not been registered with the department;

(5) Distribute a soil amendment or plant amendment containing viable noxious weed seeds, as specified in section 22-2215(3), Idaho Code;

(6) Distribute an adulterated soil amendment or plant amendment;

(7) Distribute a soil amendment or plant amendment weighing less than that which it is purported to weigh;

(8) Distribute a soil amendment or plant amendment different from the guaranteed analysis purported on the label;

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

(10) Fail to stop distribution of a soil amendment or plant amendment product under a stop-sale order as authorized under section 22-2217, Idaho Code; or

(11) Fail to disclose to the director, when requested, sources of potentially deleterious components, which components shall be established by rule.

History:

[22-2218, added 2001, ch. 250, sec. 3, p. 913.]
Idaho Code § 22-4006 — Idaho Code / Title 22 / Chapter 40 / Section 22-4006
22-4006 COMPENSATION OF MEMBERS.
Status: in_force

22-4006. Compensation of members. Members of the commission shall be compensated as provided in section 59-509(h), Idaho Code.

History:

[22-4006, added 1988, ch. 194, sec. 1, p. 353.]
Idaho Code § 22-3604 — Idaho Code / Title 22 / Chapter 36 / Section 22-3604
22-3604 COMMISSION MEMBERS — NOMINATION AND APPOINTMENT.
Status: in_force

22-3604. 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, with one (1) grower member representing district no. 1, one (1) grower member representing district no. 2, and one (1) grower member being a grower member at large, 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 held by the commission members immediately prior to the effective date of this act, hereinafter referred to as current commissioners, shall expire and be filled on the following schedule:

District no. 1 shall be held by the current grower commissioner for district no. 1, whose term shall expire on July 1, 2016;

District no. 2 shall be held by the current grower commissioner for district no. 2, whose term shall expire on July 1, 2017;

The term of the grower member at large shall expire on July 1, 2018, and shall be held by the current grower commissioner for district no. 3, as it existed prior to the effective date of this act;

The term of one (1) dealer member at large shall be held by the current dealer member at large whose term shall expire on July 1, 2016; and

The term of the second dealer member at large shall be held by the current dealer member at large whose term shall expire on July 1, 2018.

(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 at the discretion of the commission. 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 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:

[22-3604, added 2016, ch. 93, sec. 4, p. 285.]
Idaho Code § 22-2608 — Idaho Code / Title 22 / Chapter 26 / Section 22-2608
22-2608 ARTICLES OF INCORPORATION — CONTENTS — SUBSCRIBING AND FILING.
Status: in_force

22-2608. Articles of incorporation — Contents — Subscribing and filing. Each association formed under this chapter must prepare and file articles of incorporation, setting forth:

(1) The name of the association.

(2) The purpose for which it is formed.

(3) The address of its initial registered office and the name of its initial registered agent at such address.

(4) The term for which it is to exist, which may be perpetual.

(5) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the articles shall set forth the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and the association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This provision of the articles of incorporation shall not be altered, amended or repealed except by the written consent or the vote of a majority of the members.

(6) If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted and the nature and extent of the preference and the privileges granted to each.

(7) The names and addresses of the persons who are to serve as directors until the first annual meeting of the members or stockholders or until their successors be elected and qualify.

The articles must be subscribed by the incorporators and shall be filed in accordance with the provisions of the general corporation law of the state; and when so filed the said articles of incorporation, or certified copies thereof, shall be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein, and of the due incorporation of such association.

History:

[(22-2608) 1921, ch. 124, sec. 8, p. 298; am. 1929, ch. 246, sec. 1, p. 501; I.C.A., sec. 22-2008; am. 1980, ch. 76, sec. 1, p. 158; am. 2004, ch. 106, sec. 1, p. 381.]
Idaho Code § 22-3812 — Idaho Code / Title 22 / Chapter 38 / Section 22-3812
22-3812 ELECTION OF COMMISSION MEMBERS.
Status: in_force

22-3812. Election of commission members. (1) The members of the commission shall be elected by secret mail ballot under the supervision of the director of the department of agriculture. Members of the commission shall be elected by a majority of the votes cast by the grower members, each grower being entitled to one (1) vote. If a nominee does not receive a majority of the votes on the first ballot, a run-off election shall be held by mail in a similar manner between the two (2) candidates for such position receiving the largest number of votes. The cost of the election shall be paid by the commission although it is supervised by the department of agriculture.

(2) Any office which becomes vacant before expiration of the member's term shall be filled by election in the manner provided for regular elections, except that such office may remain vacant until the next regular election if the vacancy is for less than one (1) year.

History:

[22-3812, added 1969, ch. 49, sec. 12, p. 126; am. 1974, ch. 18, sec. 93, p. 364.]
Idaho Code § 22-1213 — Idaho Code / Title 22 / Chapter 12 / Section 22-1213
22-1213 PENALTY FOR VIOLATIONS.
Status: in_force

22-1213. Penalty for violations. (1) Any person who shall violate or aid in the violation of any of the provisions of this chapter, any rules promulgated pursuant thereto, or the terms of any licensing agreement may be assessed a civil penalty by the commission or its duly authorized agent of not more than one thousand dollars ($1,000) for each offense and a civil penalty of not more than one thousand dollars ($1,000) for each day of continuing violation of such statute or rule or licensing agreement and shall be liable for investigatory costs and attorney's fees reasonably incurred by the commission in connection with the violation.

(2) For purposes of this section, each container of potatoes in violation of this chapter, rules or any licensing agreement, shall constitute a separate violation for each day the container is in violation thereof.

(3) Procedure. 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 commission or its agent is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commission or its agent, it may enforce its penalty by action in the appropriate district court. Any person against whom the commission or its agent has assessed a civil penalty pursuant to this section may, within twenty-eight (28) days of the final agency action making the assessment, appeal the assessment in accordance with chapter 52, title 67, Idaho Code. All penalties collected pursuant to this section shall be paid into the general fund of the Idaho potato commission. Nothing contained in this section shall be deemed to preclude the commission from pursuing any other civil or criminal remedies available to it as provided by law.

History:

[22-1213, added 1939, ch. 172, sec. 14, p. 312; am. 1991, ch. 40, sec. 1, p. 79; am. 1993, ch. 216, sec. 3, p. 590; am. 1994, ch. 48, sec. 2, p. 79; am. 2004, ch. 188, sec. 5, p. 586.]
Idaho Code § 22-305 — Idaho Code / Title 22 / Chapter 3 / Section 22-305
22-305 FURTHER DUTIES OF BOARD OF DIRECTORS.
Status: in_force

22-305. Further duties of board of directors. The board of directors shall have power to employ a secretary, whom they may vest with general managerial powers; they shall also appoint a treasurer. The office of secretary may be combined in the same person with that of treasurer; but in no event shall any person serve as both director and manager. They shall have power to acquire for the benefit of the district, such property, real and personal, as may be required in connection with the conduct of district fairs. They shall have power to do everything necessary in connection with the holding of annual fairs, including the employment of labor, awarding of prizes, making of exhibition contracts, letting contracts for concessions or services to be conducted at the fair or under the direction of the district fair board, but if any concession or service is to extend for a period of less than ten (10) days in a calendar year, the concession or service may be awarded without bid, charging admission and entrance fees, and everything that is necessary in conducting the business of the district. They shall fix the salaries of all employees, and prescribe the time and manner of payments. They shall be vested with general powers granted by the laws of the state to directors of corporations, except as otherwise provided in this act.

They shall have power to issue warrants, after the special levies have been agreed upon by the representative boards of county commissioners, in anticipation of the collection of such special tax, but not in excess of eighty percent (80%) of the amount of such special levy, such warrants to be signed by the president and secretary of the district. They shall not have power to create any indebtedness in excess of the amount to be derived by special levies each year and the estimated income from annual fair exhibitions or to mortgage or otherwise pledge or encumber any of the real or personal property owned or controlled by the fair district.

History:

[(22-305) 1925, ch. 131, sec. 5, p. 185; am. 1927, ch. 70, sec. 2, p. 86; I.C.A., sec. 22-305; am. 1949, ch. 6, sec. 1, p. 7; am. 1973, ch. 179, sec. 2, p. 412.]
Idaho Code § 22-3315 — Idaho Code / Title 22 / Chapter 33 / Section 22-3315
22-3315 IMPOSITION OF TAX AND PROVISION FOR LATE FEES.
Status: in_force

22-3315. Imposition of tax and provision for late fees. (1) From and after the first day of July, 2012, there is hereby levied and imposed a tax not to exceed five cents (5¢) per bushel on all wheat grown in the state of Idaho or given to Idaho growers under a crop reduction program, and sold or contracted through commercial channels, and each and every crop grown or wheat given to growers under a crop reduction program thereafter. The tax shall be due on wheat given to growers under a crop reduction program and sold or contracted through commercial channels, regardless of any deduction of the tax on this same wheat prior to it being given to the grower. The tax shall be due on or before the time when such wheat is first sold or contracted in the commercial channels and shall be paid at such time or times as the commission may, by rule, prescribe, as hereinafter provided, but not later than the 15th day of the month next succeeding the three (3) month period in which such wheat is sold or contracted in commercial channels. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax.

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

(3) It shall be within the discretion of the commission to establish the amount of the tax to be levied. The amount of the tax to be levied shall not exceed five cents (5¢) per bushel for any fiscal year. The decision whether to adjust the amount of the tax to be levied and the time for which the adjusted levy shall be in effect shall require the vote of a majority of the commission members.

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

(5) Any person or firm who makes payment to the commission at a date later than that prescribed in this section may be subject to a late payment penalty as set forth by the commission by rule. Such penalty shall not exceed the rate of fifteen percent (15%) per annum on the amount due. In addition to the above penalty, the commission shall be entitled to recover all costs, fees, and reasonable attorney's fees incurred in the collection of the tax and penalty provided for in this section.

History:

[22-3315, added 1959, ch. 6, sec. 15, p. 13; am. 1970, ch. 36, sec. 1, p. 80; am. 1974, ch. 36, sec. 1, p. 1016; am. 1983, ch. 227, sec. 2, p. 629; am. 1990, ch. 199, sec. 1, p. 448; am. 1992, ch. 63, sec. 1, p. 195; am. 2001, ch. 105, sec. 1, p. 348; am. 2012, ch. 77, sec. 11, p. 226.]
Idaho Code § 22-2716 — Idaho Code / Title 22 / Chapter 27 / Section 22-2716
22-2716 LEGISLATIVE DETERMINATION AND DECLARATION OF POLICY.
Status: in_force

22-2716. Legislative determination and declaration of policy. (1) It is the determination of the state of Idaho that:

(a) Forest lands, rangelands and agricultural lands maintained in a healthy condition are a legitimate land use contributing to the economic, social and environmental well-being of the state and its citizens;

(b) It is essential to the general welfare of all citizens of this state that multiple use conservation improvements be implemented on a broader scale on both public and private lands;

(c) Due to numerous economic and practical issues relating to the improvements of individual tracts of land, both public and private resource conservation improvements, projects and programs of the nature contemplated by this chapter would enhance the economic productivity and environmental quality of the state; and

(d) It is sound public policy for the state of Idaho to provide for accounts to finance loans, grants, cost-share funding and tax incentives to the end that forest lands, rangelands and agricultural lands within the state can provide the greatest benefit to all concerned.

(2) It is the intent of the state of Idaho to provide a means by which funds, including federal, state, private and other moneys, can be obtained and utilized for the accelerated development of water quality programs, multiple use forest land, rangeland, and agricultural land conservation improvements in the state, and to provide that these improvements, projects and programs be locally planned, coordinated and implemented through statutory provisions pertaining to soil conservation districts, the state soil and water conservation commission, appropriate state and federal agencies and the owners and operators of privately owned lands.

(3) It is in the best interest of the state of Idaho:

(a) To emphasize nonregulatory, science-based technical assistance, incentive-based financial programs and informational and educational programs at the local level;

(b) To maintain, preserve, conserve and rehabilitate forest lands, rangelands and agricultural lands to assure the protection and productivity of the state's natural resources;

(c) That soil conservation districts, as governmental subdivisions, and the state soil and water conservation commission, as a state agency, are the primary entities to provide assistance to private landowners and land users in the conservation, sustainment, improvement and enhancement of Idaho's natural resources;

(d) To establish policies for cooperative working relationships between local soil conservation districts, the state soil and water conservation commission, local, state and federal agencies and public and private groups to plan, develop and implement conservation goals and initiatives with local landowners and land users;

(e) That soil conservation districts and the state soil and water conservation commission lead nonregulatory efforts to conserve, sustain, improve and enhance Idaho's private and state lands and to provide assistance to private landowners and land users to plan, develop and implement conservation plans addressing soil, water, air, plant and animal resources. Technical, financial and educational assistance to landowners and land users is vital to that effort; and

(f) That the state soil and water conservation commission provide support to soil conservation districts in the wise use and enhancement of soil, water and related resources.

(4) It is the policy of the state of Idaho:

(a) To provide appropriate tax policies and program mechanisms that provide incentives for private landowners and land users to voluntarily manage forest lands, rangelands and agricultural lands in a manner that promotes conservation;

(b) That the health, safety and general welfare of the people of this state can be greatly enhanced by providing nonregulatory opportunities to landowners and land users in order to increase the ability of such landowners and land users to readily understand and plan for local, state and federal natural resource requirements and opportunities through technological innovation and processes;

(c) To enhance natural resource productivity in order to promote a strong natural resource sector, reduce unintended adverse effects of resource development and use, protect individual and community health and safety and encourage stewardship;

(d) That conservation plan implementation shall include best management practices implemented according to the standards and specifications developed by the United States department of agriculture natural resources conservation service (NRCS) as designated by the agricultural pollution abatement plan. Those practices shall include, but not be limited to: irrigation water management systems; prescribed grazing; forest stand improvement; establishment of grass, trees and shrubs to reduce wind and water erosion; promotion of sound community development; protection of water and air resources from agricultural nonpoint sources of impairment; maintenance, restoration or enhancement of wetlands and fish and wildlife habitat; protection of upstream watersheds from flood risk; and protection of watersheds from the effects of chronic water shortages and risks; and

(e) That all conservation programs authorized pursuant to this chapter shall deliver services fairly and equitably, strengthen the conservation district delivery system, provide timely science-based information and provide conservation information and educational programs and experiences to youth and adults.

History:

[22-2716, added 2003, ch. 107, sec. 2, p. 335; am. 2010, ch. 279, sec. 1, p. 719.]
Idaho Code § 22-1104 — Idaho Code / Title 22 / Chapter 11 / Section 22-1104
22-1104 VIOLATION OF RULES — CIVIL PENALTY.
Status: in_force

22-1104. Violation of rules — Civil penalty. Any person violating a rule promulgated by the director to implement provisions of this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney's fees. 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, chapter 52, title 67, Idaho Code. If the department is unable to collect such civil 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 twenty-eight (28) days of the final agency action making the assessment, seek judicial review of the assessment in accordance with the provisions of chapter 52, title 67, Idaho Code.

Moneys collected for violation of a rule or regulation shall be deposited in the state treasury and credited to the organic food products administration account of the department.

History:

[22-1104, added 1990, ch. 145, sec. 1, p. 326; am. 1993, ch. 216, sec. 2, p. 589; am. 2002, ch. 88, sec. 1, p. 209.]
Idaho Code § 22-2917 — Idaho Code / Title 22 / Chapter 29 / Section 22-2917
22-2917 POWERS AND DUTIES OF COMMISSION.
Status: in_force

22-2917. Powers and duties of commission. The powers and duties of the commission shall include the following:

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

2. To employ and at its pleasure discharge an advertising manager, agents, advertising agencies and such other help as it deems necessary and to outline their powers and duties and fix their compensation.

3. To make in the name of the commission such advertising contracts and other agreements as may be necessary.

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

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

6. To define and describe such grade or grades of beans as may be advertised in accordance with the provisions of this act.

7. Whenever and wherever it deems it necessary the commission shall use its offices to prevent any substitution of other beans for Idaho beans and to prevent the misrepresentation or misbranding of Idaho beans at any and all times at any and all points where it discovers the same is being done.

8. To cooperate with the United States department of agriculture and other growers or shippers organizations on a national basis to improve the total consumption of dry beans.

9. To make, conduct or carry on studies and research in connection with the raising and production of "dry edible beans for human consumption" and of "snap bean seed" and for conducting necessary measures for the control of insects known to be detrimental to the production of such beans, bean seed, and their by-products; to disseminate information with respect to such study and research as a part of the commission's publicity and sales promotion activities authorized by this act and to assist, aid and educate growers, dealers and handlers in the raising, production, marketing, and processing of beans and bean seed.

For the accomplishment of such ends with reference to snap bean seed a minimum of twenty percent (20%) of the tax collected shall be placed in a reserve fund to be used for these purposes as required.

The above twenty percent (20%) figure is the amount of tax which is the average accrued from snap bean seed production.

For the accomplishment of such ends the commission is hereby empowered to employ the necessary persons or contract for the performance of required services; to cooperate with any organization of growers in this state, whether organized by authority of law or voluntarily, engaged in carrying on similar activities, and to participate jointly with any such organization, by contract or otherwise, in financing such study and research or paying for the employment of persons or services required or in carrying out projects and programs as herein contemplated.

History:

[22-2917, added 1957, ch. 94, sec. 7, p. 158; am. 1994, ch. 180, sec. 21, p. 435.]
Idaho Code § 22-3103 — Idaho Code / Title 22 / Chapter 31 / Section 22-3103
22-3103 DEFINITIONS.
Status: in_force

22-3103. Definitions. Wherever used or referred to in this act:

1. The term "commission" means the Idaho hop grower's commission.

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

3. The term "hops" means all hops grown, picked, dried and baled in the state of Idaho and all oils or extracts or lupulin derived therefrom but does not include hops, or any oils or extracts or lupulin derived therefrom which are grown in the state of Idaho but which are picked, or dried or baled outside of the state of Idaho and hops, or any oils, extracts or lupulin derived therefrom, which are grown outside of the state of Idaho but are picked, or dried or baled in the state of Idaho.

4. The term "grower" means the actual producer of hops.

5. The term "bale" means 200 pounds of hops net.

6. The term "handled in the primary channels of trade," means the time when any hops are delivered under a sales contract or delivered for shipment or delivered for processing or consumption.

7. The term "dealer" means and includes any person engaged in the business of buying, receiving, handling or selling hops for profit or remuneration.

History:

[22-3103, added 1955, ch. 224, sec. 3, p. 489; am. 1963, ch. 335, sec. 1, p. 959.]
Idaho Code § 22-3713 — Idaho Code / Title 22 / Chapter 37 / Section 22-3713
22-3713 ASSESSMENT — INCREASE.
Status: in_force

22-3713. Assessment — Increase. If it appears from an investigation that the revenue from the assessment levied hereunder is inadequate to accomplish the purposes of this act, the commission shall file with the director of the department of agriculture a report showing the necessity of the industry, extent and probable costs of the required research, market promotion and advertising, extent of public convenience, interest and necessity, and probable revenue from the assessment desired to be levied. It shall thereupon increase the assessment to a sum not to exceed twenty-five dollars ($25.00) a ton; but no increase in such assessment shall become effective unless the same shall first be referred by the commission on a referendum mail ballot to the cherry growers of this state, and be approved by two-thirds (2/3) vote of the growers of fifty percent (50%) or more of the acreage represented in the voting.

History:

[22-3713, added 1967, ch. 70, sec. 13, p. 157; am. 1981, ch. 5, sec. 1, p. 13; am. 1998, ch. 122, sec. 3, p. 455.]
Idaho Code § 22-619 — Idaho Code / Title 22 / Chapter 6 / Section 22-619
22-619 REMEDIES FOR VIOLATIONS.
Status: in_force

22-619. Remedies for violations. (1) Any person convicted of violating any of this chapter or the rules promulgated thereunder or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the director or a duly authorized agent from the performance of their duty in connection with this chapter, is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500) for the first violation, and not more than one thousand five hundred dollars ($1,500) for a subsequent violation. In all prosecutions under this chapter involving the composition of a lot of commercial fertilizer, a certified copy of the official analysis signed by the director or his duly authorized agent shall be accepted as prima facie evidence of the composition.

(2) Any person who violates or fails to comply with this chapter or any rules promulgated thereunder may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney's fees. 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, chapter 52, title 67, Idaho Code. If the director is unable to collect the 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 director has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.

(3) Nothing in this chapter requires the director or a duly authorized representative to report minor violations of the chapter for prosecution, or for the institution of seizure proceedings, when the director believes that the public interest will be best served by a suitable notice of warning in writing.

(4) Each prosecuting attorney to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the director reports a violation for such prosecution, an opportunity shall be given the distributor to present his view to the director.

(5) The director may apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.

History:

[22-619, added 2000, ch. 295, sec. 2, p. 1021; am. 2001, ch. 147, sec. 8, p. 523.]
Idaho Code § 22-626 — Idaho Code / Title 22 / Chapter 6 / Section 22-626
22-626 LOCAL LEGISLATION — PROHIBITION.
Status: in_force

22-626. 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 fertilizers;

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

(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 fertilizer manufacturing, storage and sales facilities or protecting the quality of ground water or surface water in accordance with applicable state and federal law.

History:

[22-626, added 2005, ch. 387, sec. 1, p. 1248.]
Idaho Code § 22-2718 — Idaho Code / Title 22 / Chapter 27 / Section 22-2718
22-2718 IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION.
Status: in_force

22-2718. Idaho State soil and water conservation commission. (1) There is hereby established and created in the department of water resources of the state of Idaho the Idaho state soil and water conservation commission which shall perform all functions conferred upon it by this chapter and shall be a nonregulatory agency.

(a) The commission shall consist of seven (7) members appointed by the governor from divisions of the Idaho association of soil conservation districts as follows: one (1) member from division I, one (1) member from division II, one (1) member from division III, one (1) member from division IV, one (1) member from division V, one (1) member from division VI, and one (1) at-large member appointed at the governor's discretion.

(b) Commission members shall be chosen with due regard to their demonstrated expertise, including knowledge of conservation districts and their functions, knowledge of production agriculture, knowledge of banking or other similar financial experience, or experience as a county commissioner.

(c) Commissioners serving on July 1, 2022, will be assigned to the divisions that they would represent. On July 1, 2022, current commissioners, at the will of the governor, will be reappointed to the position representing the divisions in which they live.

(d) For divisions that have vacant positions, or divisions with no current commissioner residing there, the division shall submit a list of up to three (3) names for each open commission position. The governor shall appoint commission seats from the list submitted.

(e) The term of each commissioner shall be for five (5) years, with the ability to serve two (2) terms; except that on July 1, 2022, the terms of each commission position will be reset: The term of the commissioners from districts I and IV will be set for two (2) years. The term of the commissioners from districts II and V will be set for three (3) years. The term of the commissioners from districts III and VI and the at-large commissioner will be set for four (4) years. From and after the initial appointment or reappointment, commissioners may serve two (2) full terms of five (5) years, in addition to their initial appointment. From and after the initial appointment, the corresponding division shall provide the list of three (3) names to the governor to choose from on or before July 1 of each year with a vacancy.

(f) Each vacancy on the commission shall be filled by appointment by the governor following the guidelines set forth in this subsection. A vacancy that occurs in an unexpired term shall also be filled for its remainder by the governor's appointment following the guidelines set forth in this subsection. Each commissioner appointed to fill an unexpired term may serve the length of the unexpired term and be eligible to be reappointed for an additional two (2) full terms.

(g) All appointments shall be confirmed by the senate. Commission members shall serve at the pleasure of the governor. The commission may invite the state conservationist of the United States department of agriculture natural resources conservation service, the dean of the university of Idaho college of agricultural and life sciences or his designated representative, or any other person or entities the commission deems appropriate to serve as nonvoting advisory members of the commission. The commission shall keep a record of its official actions, shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules as may be necessary for the execution of its functions under this chapter.

(2) The state soil and water conservation commission shall appoint the administrator of the state soil and water conservation commission. The state soil and water conservation commission may employ such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The commission may call upon the attorney general of the state for such legal services as it may require. It shall have authority to delegate to its chairman, to one (1) or more of its members, or to one (1) or more agents or employees, such powers and duties as it may deem proper. The commission may establish offices, incur expenses, enter into contracts and acquire services and personal property as may be reasonable for the proper administration and enforcement of this chapter. Upon request of the commission, for the purpose of carrying out any of its functions, the supervising officer of any state agency, or of any state institution of learning, shall insofar as may be possible under available appropriation, and having due regard to the needs of the agency to which the request is directed, assign or detail to the commission members of the staff or personnel of such agency or institution of learning, and make such special reports, surveys or studies as the commission may request.

(3) The commission shall designate its chairman, and may from time to time, change such designation. A majority of the commission shall constitute a quorum and the concurrency of a majority in any matter within their duties shall be required for its determination. The chairman and members of the commission shall be compensated as provided by section 59-509(h), Idaho Code. The commission shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, and orders issued or adopted; and shall provide for a periodic management review of the accounts of receipts and disbursements as determined by the legislative auditor pursuant to section 67-702, Idaho Code.

(4) In addition to the duties and powers hereinafter conferred upon the state soil and water conservation commission, it shall have the following responsibilities:

(a) To offer such assistance as may be appropriate to the supervisors of soil conservation districts in the carrying out of any of their powers and programs.

(b) To keep the supervisors of each of the several soil conservation districts informed of the activities and experience of all other soil conservation districts and to facilitate an interchange of advice and experience between such districts and cooperation between them.

(c) To coordinate the progress of the several soil conservation districts so far as this may be done by advice and consultation.

(d) To secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state, in the work of such districts.

(e) To disseminate information throughout the state concerning the activities and programs of the soil conservation districts in areas where their organization is desirable.

(5) In addition to other powers, functions and duties of soil conservation districts and the state soil and water conservation commission provided in this chapter, the commission shall have the following additional powers, functions and duties:

(a) The commission shall conduct, in cooperation with appropriate federal and state agencies and the owners and operators of privately owned forest lands, rangelands and agricultural lands in this state, conservation improvements on or in respect to these lands for the purposes of implementing conservation systems to conserve and improve natural resource conditions;

(b) The commission shall assist and advise soil conservation districts and other entities in implementing the conservation improvements, projects and the water quality program for agriculture. To the extent that there are available general funds, the commission shall provide for grants and cost-share opportunities and, as legislatively designated, utilize the resource conservation and rangeland development fund for loans for conservation improvements. Provided however, that the commission shall determine whether general or resource conservation and rangeland development funds are available before approving any conservation improvements, projects and cost-share opportunities and, after having made such determination, shall enter into the necessary contracts for implementation;

(c) The commission shall be the agency responsible for the administration of funds accruing to the resource conservation and rangeland development fund and for all general funds appropriated as a separate and distinct action of the legislature to implement the powers, functions and duties of soil conservation districts and the commission;

(d) On or before March 1 of each year, the commission shall report to the senate agricultural affairs committee and the house agricultural affairs committee; and

(e) The commission shall promulgate such rules as are necessary to carry out the purposes of this chapter.

History:

[22-2718, added 1957, ch. 218, sec. 4, p. 476; am. 1967, ch. 28, sec. 1, p. 48; am. 1971, ch. 100, sec. 1, p. 215; am. 1974, ch. 17, sec. 2, p. 308; am. 1980, ch. 247, sec. 10, p. 588; am. 1989, ch. 109, sec. 1, p. 250; am. 1997, ch. 180, sec. 3, p. 501; am. 2000, ch. 160, sec. 3, p. 407; am. 2003, ch. 107, sec. 4, p. 339; am. 2010, ch. 279, sec. 3, p. 723; am. 2015, ch. 141, sec. 33, p. 408; am. 2017, ch. 130, sec. 1, p. 304; am. 2022, ch. 271, sec. 2, p. 872; am. 2026, ch. 56, sec. 3, p. 248; am. 2026, ch. 58, sec. 1, p. 251.]
Idaho Code § 22-2222 — Idaho Code / Title 22 / Chapter 22 / Section 22-2222
22-2222 NO EFFECT ON EXISTING LIABILITY.
Status: in_force

22-2222. No effect on existing liability. The enactment of this chapter does not terminate or modify any civil or criminal liability which exists on July 1, 2001.

History:

[22-2222, added 2001, ch. 250, sec. 3, p. 914.]
Idaho Code § 22-4001 — Idaho Code / Title 22 / Chapter 40 / Section 22-4001
22-4001 DECLARATION OF POLICY.
Status: in_force

22-4001. Declaration of policy. It is to the interest of all the people that the abundant natural resources of Idaho be protected, fully developed and uniformly distributed. Among the agricultural industries of the state of Idaho that contribute to the economic welfare of the state is the barley industry. Because of a surplus of barley grown in this state, and because a surplus during recurrent years has become excessive and difficult to market in the available markets, it is necessary, in order to provide a profitable enterprise for the barley growers of the state and to promote employment of labor and to assist the barley growers and those in the various industries dependent upon the barley growers, that additional markets be found and developed. It is the purpose of this chapter to promote the public health and welfare of the citizens of our state by providing means for the protection, promotion, study, research, analysis and development of markets concerning the growing and marketing of Idaho barley.

History:

[22-4001, added 1988, ch. 194, sec. 1, p. 351.]
Idaho Code § 22-2021 — Idaho Code / Title 22 / Chapter 20 / Section 22-2021
22-2021 COOPERATION WITH OTHER JURISDICTIONS.
Status: in_force

22-2021. Cooperation with other jurisdictions. (1) The department may enter into cooperative agreements with organizations including, but not limited to: persons, civic groups, or governmental agencies, to adopt and execute plans to detect and control areas infested or infected with plant pests. Such cooperative agreements may include provisions of joint funding of any control treatment.

(2) If a plant pest occurs and cannot be adequately controlled by individual person(s), owner(s), tenant(s) or local units of government, the department may conduct the necessary control measures independently or on a cooperative basis with federal or other units of government.

History:

[22-2021, added 2002, ch. 89, sec. 2, p. 224.]
Idaho Code § 22-3806 — Idaho Code / Title 22 / Chapter 38 / Section 22-3806
22-3806 ASSESSMENT IMPOSED — REQUIREMENTS — “GROWER'S ACREAGE” — ADDITIONAL ASSESSMENT — REFERENDUM.
Status: in_force

22-3806. Assessment imposed — Requirements — "Grower's acreage" — Additional assessment — Referendum. (1) The commission is hereby empowered to levy an assessment not to exceed eight cents (8¢) per pound on each pound of essential oil handled in the primary channels of trade.

(2) This assessment may be increased to not exceed a total assessment of ten cents (10¢) per pound as determined by a two-thirds (2/3) affirmative vote of the growers voting or a majority of the acreage voting in a referendum to be conducted by mail by the commission. The amount of any increased assessment, if any, shall be determined by resolution of the commission after February 1st or before July 1st of each year. The term "acreage" for the purposes of this subsection, means the number of acres of mint produced by a grower during the calendar year immediately next preceding each annual registration of growers as herein provided. Each grower, whether an individual, a partnership, a corporation, an association or other business unit, shall have one (1) vote at such referendum. No grower shall vote at any such referendum during any year unless such grower has, after January 1st but prior to January 15th of such year, registered with the commission on forms to be supplied by the commission giving such grower's name, mailing address and acreage, except that for the calendar year in which this subsection takes effect, the periods for the registration of growers shall be the fifteen (15) days immediately succeeding the effective date of this subsection. The qualification of any grower to vote or the amount of such grower's acreage as shown by such grower's registration may be challenged by any other grower qualified to vote or any member of the commission. All such challenges shall be presented to the commission in writing within ten (10) days after the close of registration and shall be heard and determined by the commission prior to canvassing the returns of any such referendum. After the adoption of a resolution by the commission fixing the amount of the additional assessment to be submitted to a referendum of the growers, the commission shall cause to be mailed by United States registered mail to each grower so registered, at the address appearing on such grower's registration, a ballot setting forth the name of such grower, the grower's acreage, a copy of the resolution so adopted, and the words, "For additional assessment as provided in the foregoing resolution," followed by a circle and the words "Against the additional assessment as provided in the foregoing resolution," followed by a circle and such ballot shall provide a space at the bottom thereof for the grower's signature. A grower desiring to vote upon the amount of the additional assessment shall mark the ballot received to express the grower's vote, shall sign the ballot and shall return the ballot to the commission within twenty (20) days after the date on which the ballot was mailed to the grower by the commission. Any ballot which is not returned within such time limit, or which is not voted, or which is not signed, or which is marked both for and against the question submitted, shall be deemed not to have been voted and shall not be counted for any purpose. The commission shall meet and canvass all ballots cast at any such referendum within ten (10) days after the date by which all ballots are herein required to be returned to the commission. Upon the canvass, if the commission finds that two-thirds (2/3) or more of the growers voting at such referendum have voted in favor of the amount of such additional assessment or that growers representing a majority or more of the production of all growers voting at such referendum have voted in favor of the amount of such additional assessment, then the amount of such additional assessment shall have been approved, but if the commission finds otherwise, then the amount of such additional assessment shall have failed. The commission shall record the results of each canvass in its official records and shall retain all election records, grower registrations and the ballots for one (1) year after the date of such canvass when it may cause the same to be destroyed. If the canvass shows that the amount of such additional assessment shall have been approved, the commission shall immediately adopt a resolution levying the amount thereof. Such additional assessment when so levied shall apply only to the pounds of mint grown during the calendar year in which the referendum approving the same was held, but shall so apply regardless of the calendar year in which such essential oils are first handled in the primary channels of trade. If the canvass shows that the amount of such additional assessment shall have failed, the commission shall not levy the amount thereof, but the commission may resubmit the same or another amount for such additional assessment to the growers by referendum as herein provided as often as the commission deems necessary.

(3) All assessments levied under this act shall be due on or before the time when such essential oils are first handled in the primary channels of trade and shall be paid not later than the last day of the month next succeeding the month in which such essential oils were first handled in the primary channels of trade.

(4) The assessment constitutes a lien prior to all other liens and encumbrances upon such essential oils except liens which are declared prior by operation of a statute of this state, but payment of the assessment by either grower or dealer who first handled such essential oils shall not subject such grower or dealer to liability for a lien prior to the lien herein imposed unless actual notice of such prior lien has been made upon such grower or dealer.

(5) The commission by order may cancel an assessment which has been delinquent for five (5) years or more if it determines that: (a) the amount of the assessment is less than one dollar ($1.00), and that further collection effort or expense does not justify the collection thereof, or the assessment is wholly uncollectible.

History:

[22-3806, added 1969, ch. 49, sec. 6, p. 126; am. 1971, ch. 8, sec. 1, p. 18; am. 1987, ch. 285, sec. 1, p. 605; am. 1992, ch. 64, sec. 1, p. 197.]
Idaho Code § 22-5114 — Idaho Code / Title 22 / Chapter 51 / Section 22-5114
22-5114 INSURANCE — CANCELLATION PROCEDURE — SUSPENSION OF LICENSE — SELF-INSURANCE.
Status: in_force

22-5114. Insurance — Cancellation procedure — Suspension of license — Self-insurance. (1) Every seed buyer who has a seed facility where seed crops are stored for withdrawal or transferred, shall maintain a "commercial property policy" of insurance, or its equivalent, issued by a company qualified to do business in the state in which the facility is located. The amount of insurance shall be sufficient to cover the property loss of the insured and such additional amounts that are: (a) greater than or equal to the total seed buyer indebtedness and the value of seed crop stored for withdrawal during the previous license year, or (b) estimated current calendar year seed crop indebtedness to producers and the value of seed crop to be stored for withdrawal. The department rules shall enumerate the perils to be covered by the policy.

(2) The insurance company issuing the policy of insurance shall give ninety (90) days' advance notice to the department by registered or certified mail, return receipt requested, of cancellation of the policy.

(3) When the insurance policy of a seed buyer is canceled, the department shall immediately suspend the license of the seed buyer, and the suspension shall be in effect until satisfactory evidence exists that an effective policy of insurance complying with the requirements of this chapter has been submitted to the department.

(4) Seed buyers desiring to be self-insured shall apply to the department for authorization to self-insure. Application shall be made on forms prescribed by the department.

History:

[22-5114, added 2002, ch. 256, sec. 1, p. 742.]
Idaho Code § 22-2509 — Idaho Code / Title 22 / Chapter 25 / Section 22-2509
22-2509 MONEYS RECEIVED PAID INTO “BEE INSPECTION SPECIAL FUND.”
Status: in_force

22-2509. Moneys received paid into "bee inspection special fund." All moneys received pursuant to the provisions of this chapter shall be paid to the state treasurer and kept by the state treasurer in a special and separate fund to be known as the "bee inspection special fund."

History:

[(22-2509) 22-2532, added 1963, ch. 305, sec. 16, p. 795; am. and redesig. 2006, ch. 86, sec. 13, p. 254.]