Idaho Code § 22-2912 — Idaho Code / Title 22 / Chapter 29 / Section 22-2912
22-2912 BEAN COMMISSION CREATED.
Status: in_force

22-2912. Bean commission created. (1) There is hereby created and established in the department of self-governing agencies the Idaho bean commission, hereinafter called the commission. It shall be composed of eight (8) men or women engaged in the bean industry. The commission shall be appointed by the governor, and each member must have been a resident of the state of Idaho for a period of three (3) years immediately prior to his appointment, shall have had active experience in growing, processing or shipping of beans produced in the state of Idaho, and at least four (4) members of the commission shall be growers actually engaged in production of beans, but who are not handlers, dealers or processors. One (1) grower member of the commission shall be appointed from each of the districts provided for by this section. The four (4) remaining members of the commission may be engaged in the processing or shipping of beans, at least one (1) of whom must be engaged in the processing or shipping of snap bean seed. The processor or shipper members of the commission shall be appointed at large, keeping in mind insofar as possible geographic locations representative of the Idaho bean industry. The qualifications for membership on the commission shall continue throughout the respective terms of office of the commissioners. Upon recommendation of organizations of producers and shippers of beans, one (1) grower commissioner shall be appointed from district No. 1, which district shall be composed of the following counties: Adams, Boundary, Bonner, Kootenai, Benewah, Shoshone, Latah, Nez Perce, Clearwater, Lewis, Idaho, Washington, Payette, Gem, Canyon and Ada; one (1) grower commissioner shall be appointed from district No. 2, which district shall be composed of the following counties: Valley, Lemhi, Custer, Boise, Twin Falls, Owyhee and Elmore; one (1) grower commissioner shall be appointed from district No. 3, which district shall be composed of the following counties: Cassia, Oneida, Power, Bannock, Caribou, Bear Lake, Franklin and Minidoka; one (1) grower commissioner shall be appointed from district No. 4, which district shall be composed of the following counties: Camas, Blaine, Gooding, Lincoln, Jerome, Bingham, Bonneville, Butte, Jefferson, Madison, Teton, Fremont and Clark. Each commissioner shall serve for a term of four (4) years. Each commissioner shall hold office until his successor has been appointed.

(2) A simple majority of members of the commission shall constitute a quorum for the transaction of business and for carrying out the duties of the commission. All commissioners shall take an oath of office before commencing their duties.

(3) Each member of the commission shall be compensated as provided by section 59-509(l), Idaho Code, provided however, that compensation paid to members of the commission on and after January 1, 1998, shall not be considered salary as defined in section 59-1302, Idaho Code.

History:

[22-2912, added 1957, ch. 94, sec. 2, p. 158; am. 1970, ch. 45, sec. 1, p. 92; am. 1974, ch. 13, sec. 7, p. 138; am. 1980, ch. 247, sec. 12, p. 591; am. 1998, ch. 403, sec. 1, p. 1256; am. 1999, ch. 63, sec. 1, p. 165; am. 2025, ch. 162, sec. 1, p. 781.]
Idaho Code § 22-612 — Idaho Code / Title 22 / Chapter 6 / Section 22-612
22-612 ASSESSMENT OF PENALTIES.
Status: in_force

22-612. Assessment of penalties. For the purpose of initially determining the commercial value to be applied under the provisions of section 22-611, Idaho Code, the department shall determine and publish annually the values per unit of nitrogen, available phosphate, soluble potash, secondary elements and micro-elements used in this state. The values so determined and published shall be used in determining and assessing penalties as authorized under section 22-611, Idaho Code.

History:

[22-612, added 2000, ch. 295, sec. 2, p. 1020; am. 2004, ch. 108, sec. 2, p. 383.]
Idaho Code § 22-1703 — Idaho Code / Title 22 / Chapter 17 / Section 22-1703
22-1703 DEFINITIONS.
Status: in_force

22-1703. DEFINITIONS. For purposes of this chapter:

(1) "2018 farm bill" means the agriculture improvement act of 2018, P.L. 115-334.

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

(3) "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, as defined in the 2018 farm bill.

(4) "Secretary of agriculture" means the United States secretary of agriculture.

History:

[22-1703, added 2021, ch. 242, sec. 1, p. 737.]
Idaho Code § 22-5105 — Idaho Code / Title 22 / Chapter 51 / Section 22-5105
22-5105 AMOUNT OF BOND — NOTICE OF CANCELLATION.
Status: in_force

22-5105. Amount of bond — Notice of cancellation. The amount of bond to be furnished for each seed buyer will be fixed at whichever of the following amounts is greater:

(1) The combined total seed buyer indebtedness paid and owed to producers for seed crop stored for withdrawal or transferred during the previous license year; or

(2) The indebtedness owed and estimated to be owed to producers for seed crop for the current license year.

Subsequent to determining whichever of the preceding amounts is greater, and based on that amount, the amount of bond shall be calculated as follows:

Gross Dollars: Amount of Bond: $0 – $450,000 $20,000 bond or 6% of the gross dollars, whichever is less $450,001 – $1,000,000 $40,000 bond $1,000,001 – $8,000,000 $100,000 bond Over $8,000,000 $500,000 bond

In any case, the amount of the bond shall not be more than five hundred thousand dollars ($500,000). This bond shall run concurrently with the seed buyer's license. A ninety (90) day written notice, by registered or certified mail, return receipt requested, shall be given to the director by the bonding company before it may amend or cancel any bond.

History:

[22-5105, added 2002, ch. 256, sec. 1, p. 739; am. 2003, ch. 151, sec. 2, p. 436.]
Idaho Code § 22-2913 — Idaho Code / Title 22 / Chapter 29 / Section 22-2913
22-2913 EXECUTIVE OFFICE.
Status: in_force

22-2913. Executive office. The executive office of the commission is hereby established in Ada county.

History:

[22-2913, added 1957, ch. 94, sec. 3, p. 158; am. 2001, ch. 183, sec. 3, p. 615.]
Idaho Code § 22-1202 — Idaho Code / Title 22 / Chapter 12 / Section 22-1202
22-1202 POTATO COMMISSION CREATED.
Status: in_force

22-1202. Potato commission created. There is hereby created and established in the department of self-governing agencies the "Idaho potato commission" to be composed of nine (9) practical potato persons, resident citizens of the state of Idaho for a period of three (3) years prior to their appointment each of whom has had active experience in growing, or shipping, or processing of potatoes produced in the state of Idaho. At least five (5) members of said commission shall be growers who are actually now engaged in the production of potatoes. Two (2) of the members shall be shippers who are actually now engaged in the shipping of potatoes, and two (2) of the members shall be processors who are actually now engaged in the processing of potatoes. The qualifications for members of said commission as above required shall continue throughout their respective terms of office. Three (3) growers shall be nominated for each grower vacancy that occurs, from which the governor shall appoint one (1). Two (2) grower commissioners shall be appointed from the district known as District No. 1, consisting of the counties of Oneida, Franklin, Bear Lake, Caribou, Bannock, Power, Bingham, Bonneville, Teton, Madison, Jefferson, Fremont, Clark, Butte, Custer, and Lemhi; one (1) grower commissioner shall be appointed from the district known as District No. 2A, consisting of the counties of Twin Falls, Jerome, Lincoln, Camas, Elmore, Boise, Valley, and Gooding; one (1) grower commissioner shall be appointed from the district known as District No. 2B, consisting of the counties of Cassia, Minidoka, Blaine, Custer and Lemhi; and one (1) grower commissioner shall be appointed from the district known as District No. 3, consisting of the counties of Owyhee, Ada, Canyon, Gem, Payette, Washington, Adams, Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Shoshone, Kootenai, Bonner, and Boundary. Three (3) shippers shall be nominated for each shipper vacancy that occurs from which the governor shall appoint one (1). Shipper commissioners do not necessarily need to be nominated from geographical areas. Three (3) processors shall be nominated for each processor vacancy that occurs from which the governor shall appoint one (1). Processor commissioners do not necessarily need to be nominated from geographical areas. Nominations must be made thirty (30) days prior to appointment. All nominations must give equal consideration to all who are eligible for appointment as defined in this act. The Idaho potato commission shall hold separate meetings of the growers, shippers, or processors, as the nominations to be made shall require, in the various districts, to determine who shall be nominated for appointment. Notice of said meetings shall be given by publication in one (1) newspaper published in each county of the district or districts in which said nominations are to be made, and the notice shall be published in two (2) issues of each newspaper, the first to be 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. All meetings held for the selection of nominees shall be held prior to March 31 of the year the appointment or appointments are to be made.

The term of office shall be three (3) years and no commissioner shall serve more than two (2) consecutive terms. The commissioners shall elect a chairman for a term of one (1) year.

Vacancies shall be filled as terms expire. Each of such commissioners shall hold office until his successor has been appointed and qualified. The term of office shall commence on September 15 of the year of appointment and expire on September 14 of the last year of the term of office.

A majority of the members of said commission shall constitute a quorum for the transaction of all business and the carrying out of the duties of said commission. Before entering on the discharge of their duties as members of said commission, each member shall take and subscribe to the oath of office prescribed for state officers.

Each member of the commission shall be compensated as provided by section 59-509(j), Idaho Code, provided however, that compensation paid to members of the commission from and after April 1, 1992, shall not be considered salary as defined in section 59-1302(31), Idaho Code.

History:

[22-1202, added 1939, ch. 172, sec. 2, p. 312; am. 1957, ch. 274, sec. 1, p. 632; am. 1961, ch. 316, sec. 1, p. 603; am. 1969, ch. 213, sec. 2, p. 614; am. 1974, ch. 13, sec. 3, p. 138; am. 1974, ch. 115, sec. 1, p. 1283; am. 1980, ch. 247, sec. 8, p. 587; am. 1985, ch. 109, sec. 1, p. 212; am. 1997, ch. 320, sec. 1, p. 945.]
Idaho Code § 22-1505 — Idaho Code / Title 22 / Chapter 15 / Section 22-1505
22-1505 STANDARDS AND REQUIREMENTS.
Status: in_force

22-1505. standards and requirements. (1) Every person, firm, association, or corporation that intends to offer for sale, offers or sells seeds, tubers, plants, or plant parts as certified shall comply with the provisions of this chapter and such standards and requirements as are approved by the Idaho agricultural experiment station in the college of agriculture of the university of Idaho as provided herein, such standards and requirements to contain, among other things, a designation of the crops grown or to be grown in Idaho eligible for certification with standards, requirements, and procedures necessary for certification with designation of the agency authorized to provide certification.

(2) Upon the passage of this chapter, the Idaho agricultural experiment station in the college of agriculture of the university of Idaho shall prepare and issue such standards, requirements, and procedures as are required by this chapter. Such standards and requirements shall be made publicly available for review and public comment for a period of no less than thirty (30) days prior to their establishment. At the close of the public comment period, the standards and requirements shall be filed with the college of agriculture of the university of Idaho and shall become effective thirty (30) days from the date they are filed with the college of agriculture of the university of Idaho.

History:

[(22-1505) 22-1105, added 1990, ch. 413, sec. 2, p. 1145; am. and redesig. 2005, ch. 25, sec. 18, p. 92; am. 2020, ch. 80, sec. 4, p. 171.]
Idaho Code § 22-3507 — Idaho Code / Title 22 / Chapter 35 / Section 22-3507
22-3507 COMPENSATION OF MEMBERS.
Status: in_force

22-3507. Compensation of members. Members of the commission shall be compensated as provided by section 59-509(b), Idaho Code.

History:

[22-3507, added 1965, ch. 106, sec. 7, p. 192; am. 1980, ch. 247, sec. 16, p. 594; am. 2009, ch. 128, sec. 1, p. 407.]
Idaho Code § 22-2604 — Idaho Code / Title 22 / Chapter 26 / Section 22-2604
22-2604 PURPOSES.
Status: in_force

22-2604. Purposes. An association may be organized to engage in any activity in connection with the production, marketing or selling of the agricultural products of its members, or with the harvesting, preserving, drying, processing, canning, packing, storing, handling, shipping or utilization thereof, or the manufacturing or marketing of the by-products thereof; or in connection with the purchasing, manufacturing, selling or supplying to its members of machinery, equipment or supplies; or in the financing of the above enumerated activities; or in any one or more of the activities specified herein.

History:

[(22-2604) 1921, ch. 124, sec. 4, p. 298; I.C.A., sec. 22-2004; am. 1933, ch. 212, sec. 1, p. 445.]
Idaho Code § 22-2316 — Idaho Code / Title 22 / Chapter 23 / Section 22-2316
22-2316 MISREPRESENTATION OF NURSERY STOCK BY GROWER, DEALER, OR AGENT PROHIBITED — TAGS OR LABELS REQUIRED ON FRUIT TREES — NURSERY OR FLORIST STOCK AS HORTICULTURAL PRODUCT.
Status: in_force

22-2316. Misrepresentation of nursery stock by grower, dealer, or agent prohibited — Tags or labels required on fruit trees — Nursery or florist stock as horticultural product. (1) No grower, dealer, or agent shall:

(a) Sell nursery or florist stock representing it to be a name, age, or variety different from what the nursery or florist stock actually is; or

(b) Represent that any nursery or florist stock is a new variety when, in fact, it is a standard variety and has been given a new name; or

(c) Sell or present cormels as corms or bulblets as bulbs.

(2) In addition the grower, dealer, or agent shall attach to every bundle of fruit-bearing trees sold or shipped within this state a tag or label specifying the name of the variety of trees contained therein. If the bundle shall contain trees of different varieties, such label or tag shall be attached to each tree or group of trees of the same variety.

History:

[(22-2316) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 16, p. 312.]
Idaho Code § 22-1211 — Idaho Code / Title 22 / Chapter 12 / Section 22-1211
22-1211 TAX LEVY.
Status: in_force

22-1211. Tax levy. There is hereby levied and imposed a tax of four cents (4¢) per hundredweight on potatoes covered by this chapter, which tax shall be due on or before the time when such potatoes are first handled in the primary channels of trade and shall be paid at such time or times as the commission may by rule prescribe, but not later than the fifteenth day of the month next succeeding the month in which such potatoes were handled in the primary channels of trade. The commission is authorized to make appropriate rules to implement the collection of the taxes imposed by this chapter.

In addition to the four cent (4¢) tax hereinabove provided for, there is hereby levied and imposed an additional tax of eleven cents (11¢) per hundredweight on potatoes covered by this chapter; provided however, said additional tax of eleven cents (11¢), or any portion thereof, shall only be due and collectible upon a determination by at least two-thirds (2/3) of the commission members that the anticipated expenditures for the next fiscal year following the year in which the determination is made will exceed the anticipated tax revenues to be collected from the said four cent (4¢) tax. Upon such a determination, the commission shall collect the additional eleven cent (11¢) tax or such portion thereof as is required by such determination, which shall be collected with, and as, other taxes imposed by this chapter.

The person first selling or otherwise delivering potatoes into primary channels of trade shall be responsible for and make payment of all taxes imposed by this chapter. If such person is the dealer or shipper handling potatoes grown by another, he may charge against and recover from the grower of such potatoes or the person from whom he acquired them sixty percent (60%) of the tax.

History:

[22-1211, added 1939, ch. 172, sec. 11, p. 312; am. 1947, ch. 24, sec. 2, p. 23; am. 1955, ch. 156, sec. 2, p. 304; am. 1967, ch. 297, sec. 2, p. 847; am. 1969, ch. 213, sec. 9, p. 614; am. 1972, ch. 399, sec. 2, p. 1160; am. 1974, ch. 114, sec. 1, p. 1281; am. 1981, ch. 310, sec. 2, p. 652; am. 1985, ch. 109, sec. 4, p. 215; am. 1987, ch. 128, sec. 1, p. 259; am. 2007, ch. 57, sec. 1, p. 140.]
Idaho Code § 22-4902 — Idaho Code / Title 22 / Chapter 49 / Section 22-4902
22-4902 DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT.
Status: in_force

22-4902. Declaration of policy and statement of legislative intent. (1) The legislature recognizes the importance of protecting state natural resources including surface water and ground water. It is the intent of the legislature to protect the quality of these natural resources while maintaining an ecologically sound, economically viable, and socially responsible beef cattle industry in the state. The beef cattle industry produces manure and process wastewater which, when properly used, supplies valuable nutrients and organic matter to soils and is protective of the environment, but may, when improperly stored and managed, create adverse impacts on natural resources, including waters of the state. This chapter is intended to ensure that manure and process wastewater associated with beef cattle operations are handled in a manner which protects the natural resources of the state.

(2) Successful implementation of this chapter is dependent upon the department receiving adequate funding from the legislature. Moreover, the legislature recognizes that it is important for the state to obtain a delegated national pollutant discharge elimination system (NPDES) program from the United States environmental protection agency under the clean water act. The department's authority to enforce this chapter should be consistent and coordinated with the department of environmental quality's authorities pursuant to title 39, Idaho Code, to protect state ground and surface waters, and to obtain approval from the United States environmental protection agency to implement and administer an Idaho NPDES program governing the discharge of pollutants to the waters of the United States as defined in the federal clean water act.

History:

[22-4902, added 2000, ch. 63, sec. 1, p. 139; am. 2001, ch. 103, sec. 7, p. 261; am. 2004, ch. 187, sec. 1, p. 579; am. 2010, ch. 343, sec. 1, p. 900; am. 2016, ch. 129, sec. 1, p. 376.]
Idaho Code § 22-2319 — Idaho Code / Title 22 / Chapter 23 / Section 22-2319
22-2319 STOP SALE ORDER — CONDEMNATION.
Status: in_force

22-2319. Stop sale order — Condemnation. (1) The department may issue and enforce a written or printed "stop-sale" order to any dealer, agent, grower, or other person who is the owner or custodian of any nursery or florist stock when the department finds such nursery or florist stock is being offered for sale in violation of any of the provisions of this chapter.

(2) The "stop-sale" order shall be in effect until the provisions of this chapter have been complied with and said nursery or florist stock is released by order, in writing, of the department. If the nursery or florist stock under "stop-sale" order is determined after a reasonable period to be in such condition that neither treatment nor passage of time will enable it to meet the requirements of this chapter for sale, the department may order such nursery or florist stock destroyed.

History:

[(22-2319) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 19, p. 313.]
Idaho Code § 22-4212 — Idaho Code / Title 22 / Chapter 42 / Section 22-4212
22-4212 REQUEST FOR REFUND OF ASSESSMENT — MANNER OF FILING REQUEST.
Status: in_force

22-4212. Request for refund of assessment — Manner of filing request. Any person who has paid assessments to the commission herein shall have the right to require such commission to refund all or any portion of the assessment levied under the laws of such commission and paid by the producer. All such requests shall be in writing, filed not later than the first of August of each calendar year, and shall be on forms to be provided without cost to all producers who pay assessments to such commission.

History:

[22-4212, added 1974, ch. 184, sec. 12, p. 1481.]
Idaho Code § 22-1504 — Idaho Code / Title 22 / Chapter 15 / Section 22-1504
22-1504 ADMINISTRATION OF THE CHAPTER.
Status: in_force

22-1504. Administration of the chapter. The regents of the university of Idaho through the Idaho agricultural experiment station in the college of agriculture of the university of Idaho, or the agent of the university of Idaho, an entity or servant of the state, appointed in writing, as hereinafter provided, is hereby authorized to administer the provisions of this chapter to establish, alter, amend and repeal reasonable standards and requirements as to what shall constitute certified seeds, tubers, plants, and plant parts under the terms of this chapter. Such reasonable standards and requirements shall also comprehend and fix the standards necessary to qualify seeds, tubers, plants, and plant parts for certification hereunder and the procedures for certification by the said college of agriculture or the said agent thereof. All varieties or strains of seed, tubers, plants, and plant parts eligible for certification in the state of Idaho shall be approved by the director of the Idaho agricultural experiment station. 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 college of agriculture of the university of Idaho and the director of the Idaho experiment station consistent with this chapter.

History:

[(22-1504) 1990, ch. 413, sec. 2, p. 1145; am. and redesig. 1993, ch. 69, sec. 2, p. 183; am. 2020, ch. 80, sec. 3, p. 171.]
Idaho Code § 22-2613 — Idaho Code / Title 22 / Chapter 26 / Section 22-2613
22-2613 ELECTION OF OFFICERS.
Status: in_force

22-2613. Election of officers. The directors shall elect from their number a president and one (1) vice-president. They shall, also, elect a secretary and treasurer, who need not be directors, and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer. The treasurer may be a bank or any depositary, and as such shall not be considered as an officer but as a function of the board of directors. In such case the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as authorized by the board of directors. They shall also elect such additional vice-presidents and other officers as may be provided for in the bylaws of the association, and such additional vice-presidents or other officers need not be directors or members of the association.

History:

[(22-2613) 1921, ch. 124, sec. 13, p. 298; am. 1929, ch. 246, sec. 4, p. 501; I.C.A., sec. 22-2013.]
Idaho Code § 22-4210 — Idaho Code / Title 22 / Chapter 42 / Section 22-4210
22-4210 ASSESSMENT ON ALFALFA SEED AND CLOVER SEED.
Status: in_force

22-4210. Assessment on alfalfa seed and clover seed. There is hereby levied on all alfalfa seed and clover seed grown annually in this state, all alfalfa seed sold as Idaho alfalfa seed and all clover seed sold as Idaho clover seed, an assessment of one cent ($0.01) per pound of clean seed. All moneys collected hereunder shall be expended to effectuate the purposes and objects of this act.

History:

[22-4210, added 1974, ch. 184, sec. 10, p. 1481; am. 2000, ch. 201, sec. 9, p. 501; am. 2025, ch. 138, sec. 2, p. 705.]
Idaho Code § 22-2622 — Idaho Code / Title 22 / Chapter 26 / Section 22-2622
22-2622 CONTRACTS AND AGREEMENTS WITH OTHER ASSOCIATIONS.
Status: in_force

22-2622. Contracts and agreements with other associations. Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements and contracts, and arrangements with any other cooperative corporation, association or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business, or any part or parts thereof. Any two (2) or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same methods, means and agencies for carrying on and conducting their respective businesses.

History:

[(22-2622) 1921, ch. 124, sec. 22, p. 298; I.C.A., sec. 22-2022.]
Idaho Code § 22-5305 — Idaho Code / Title 22 / Chapter 53 / Section 22-5305
22-5305 WOLF CONTROL FUND.
Status: in_force

22-5305. wolf control fund. (1) The wolf control fund is hereby created and established in the state treasury. Moneys in the fund shall be divided into three (3) subaccounts identified as follows:

(a) The "livestock subaccount" which shall consist of all assessments collected by the state brand inspector and the Idaho sheep and goat health board pursuant to the provisions of this chapter;

(b) The "fish and game fund transfer subaccount" which shall consist of all moneys transferred to the fund from the fish and game fund pursuant to the provisions of this chapter; and

(c) The "other money subaccount" which shall consist of any moneys other than moneys identified in paragraphs (a) and (b) of this subsection that are deposited in the fund.

The state treasurer shall invest the idle moneys of each subaccount and the interest earned on such investments shall be retained by each subaccount. Moneys in the fund are continuously appropriated to be used solely for carrying out the provisions of this chapter.

(2) The wolf control secondary fund, hereinafter referred to as the secondary fund, is hereby created and established in the state treasury. Beginning in fiscal year 2015, at any time moneys in the livestock subaccount of the wolf control fund exceed one hundred ten thousand dollars ($110,000), any amount over and above one hundred ten thousand dollars ($110,000) shall be deposited in the secondary fund. The state treasurer shall invest the idle moneys of the secondary fund, and the interest earned on such investments shall be retained by the secondary fund. Moneys in the fund are continuously appropriated to be used solely for meeting the livestock assessment deposit requirements of section 22-5306(1), Idaho Code. In the event collected assessments do not meet the minimum deposit requirements, an amount from the secondary fund as is necessary to meet the minimum deposit requirements in combination with collected assessments may be transferred to the livestock subaccount of the wolf control fund at the end of each fiscal year.

History:

[22-5305, added 2014, ch. 188, sec. 2, p. 501.]
Idaho Code § 22-417 — Idaho Code / Title 22 / Chapter 4 / Section 22-417
22-417 EXEMPTIONS.
Status: in_force

22-417. Exemptions. (1) The provisions of sections 22-415 and 22-416, Idaho Code, shall not apply:

(a) To seed or grain not intended for sowing purposes.

(b) To seed in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; provided, that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this chapter.

(2) No person shall be subject to the penalties of this chapter for having sold or offered for sale any seeds which were incorrectly labeled or misrepresented as to kind, variety, type, or origin and elevation, when the seeds cannot be differentiated by examination, unless he has failed to obtain reasonable documentation as an invoice, grower's declaration or other labeling to verify the contents.

History:

[22-417, added 1951, ch. 243, sec. 4, p. 508; am. 1987, ch. 188, sec. 4, p. 378.]
Idaho Code § 22-413 — Idaho Code / Title 22 / Chapter 4 / Section 22-413
22-413 STATEWIDE JURISDICTION AND PREEMPTION.
Status: in_force

22-413. Statewide jurisdiction and preemption. (1) This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the cultivation, production, processing, registration, labeling, sale, storage, transportation, distribution, notification of use, use of seeds, and planting of seeds to the exclusion of all local ordinances or regulations. Except as otherwise specifically provided in this chapter, no ordinance or regulation of any political subdivision may prohibit or in any way attempt to regulate any matter relating to the cultivation, production, processing, registration, labeling, sale, storage, transportation, distribution, notification of use, use of seeds, or planting of seeds.

(2) The provisions of subsection (1) of this section shall not preempt county or city local zoning ordinances governing the physical location or siting of seed facilities.

History:

[22-413, added 2005, ch. 401, sec. 1, p. 1366; am. 2015, ch. 101, sec. 1, p. 242.]
Idaho Code § 22-2610 — Idaho Code / Title 22 / Chapter 26 / Section 22-2610
22-2610 BYLAWS — ADOPTION — CONTENTS — AMENDMENT.
Status: in_force

22-2610. Bylaws — Adoption — Contents — Amendment. Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with the powers granted by this chapter. A majority vote of the members or stockholders, or their written assent, is necessary to adopt such bylaws. Each association under its bylaws may, also, provide for any or all of the following matters:

a. The time, place and manner of calling and conducting its meetings.

b. The number of stockholders or members constituting a quorum.

c. The right of members or stockholders to vote by proxy or by mail or by both, and the conditions, manner, form, and effects of such votes.

d. The number of directors thereof, which must not be less than five (5) and may be any number in excess thereof, the term of office of such directors and the number of directors constituting a quorum.

e. The qualifications, compensation and duties and term of office of directors and officers; time of their election and the mode and manner of giving notice thereof.

f. Penalties for violations of the bylaws.

g. The amount of entrance, organization and membership fees, if any; the manner and method of collection of the same, and the purposes for which they may be used.

h. The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services rendered by the association to him and the time of payment and the manner of collection; and the marketing contract between the association and its members or stockholders which every member or stockholder may be required to sign.

i. The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; the method, time and manner of permitting members to withdraw or the holders of common stock to transfer their stock; the manner of assignment and transfer of the interest of members, and of the shares of common stock; the conditions upon which, and time when membership of any member shall cease. The automatic suspension of the rights of a member when he ceases to be eligible to membership in the association, and mode, manner and effect of the expulsion of the member; manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder, or upon the expulsion of a member of forfeiture of his membership, or, at the option of the association, by conclusive appraisal by the board of directors. In case of the withdrawal or expulsion of a member the board of directors shall make certain that the capital furnished by such terminated member is correctly recorded on the books of the corporation in direct relationship to his patronage and such terminated member shall be notified of such interest by payment in money or issuance of stock in the association or issuance of such other evidence of the capital interest as the bylaws of the association may permit or any combination of the foregoing; within one (1) year after such expulsion or withdrawal.

This act is intended to permit the association to establish and accumulate reasonable reserves and surplus funds and to abolish the same; also to create, maintain, and terminate revolving funds or other similar funds; to utilize a revolving fund method of financing, or such other methods as may be prudent and compatible with agricultural cooperative organizations; in the manner as provided for in the bylaws of the association.

The interest of an existing or former member in the association's capital reserve or equity accounts is an equity interest and not a debt, and is revolvable in the manner defined in the bylaws and subject to the restrictions defined therein. The issuance of notices of allocation and/or of equity reserve balances, or any other form sufficient to place the existing or former member on notice of his equity interest in the association shall satisfy the recording, appraisal, notification and/or payment requirement hereinabove set forth or as set forth in the bylaws. Revolving of capital reserve or equity accounts shall be at the discretion of the board of directors and the bylaws may specifically so provide.

Non-equity obligations will be paid according to their terms.

Obligations such as checks or drafts issued by the association to the patron, credits in a capital reserve or equity account called for revolving by the board of directors of the association, remaining uncashed or unclaimed at the expiration of the period of five (5) years after the issuance, call for payment, or stated maturity date thereof, shall be deemed, if authorized by the bylaws and at the direction of the board of directors, transferred, as a contribution, to the capital fund of the association, this being an exception to chapter 5, title 14, Idaho Code.

The bylaws of any association incorporated under this chapter may be altered or amended at any regular meeting or at any special meeting of the members or stockholders thereof called for that purpose by the affirmative vote of two-thirds (2/3) of the members or stockholders present at such meeting: provided, that a quorum as specified in the bylaws of the association be present: and, provided further, that where the bylaws of said association authorize voting by mail and a mail vote pursuant to such bylaws is taken on the question of altering or amending such bylaws, the affirmative vote of a majority of all members or stockholders voting on such question shall be required.

History:

[(22-2610) 1921, ch. 124, sec. 10, p. 298; am. 1929, ch. 246, sec. 3, p. 501; I.C.A., sec. 22-2010; am. 1986, ch. 4, sec. 1, p. 42; am. 1991, ch. 163, sec. 1, p. 391.]
Idaho Code § 22-3305 — Idaho Code / Title 22 / Chapter 33 / Section 22-3305
22-3305 TERM OF MEMBERS.
Status: in_force

22-3305. Term of members. (1) Each year the governor shall appoint one (1) member to the commission for a term of five (5) years ending on June 30th; except that a member appointed to fill a vacancy occurring before the expiration of the term of a member separated from the commission for any cause, shall be appointed for the remainder of the term of the member whose position has been vacant.

(2) Each member shall hold office until his successor is appointed and qualified.

(3) The executive committee of the Idaho state wheat growers association, doing business as the Idaho grain producers association, may request the removal of a commissioner, with or without cause, by a majority vote. Upon receipt of the request, the governor may immediately withdraw the commissioner's appointment.

History:

[22-3305, added 1959, ch. 6, sec. 5, p. 13; am. 2012, ch. 77, sec. 4, p. 224.]
Idaho Code § 22-102 — Idaho Code / Title 22 / Chapter 1 / Section 22-102
22-102 ORGANIZATION OF DEPARTMENT — DIVISIONS.
Status: in_force

22-102. Organization of department — Divisions. The director shall organize the department into such divisions and other administrative subunits as may be necessary in order to efficiently administer the department. The director may apportion duties and responsibilities among the divisions and subordinate units.

History:

[22-102, added 1974, ch. 18, sec. 2, p. 364; am. 1981, ch. 40, sec. 1, p. 63.]
Idaho Code § 22-1001 — Idaho Code / Title 22 / Chapter 10 / Section 22-1001
22-1001 LEGISLATIVE FINDINGS.
Status: in_force

22-1001. legislative findings. The legislature finds that urban agriculture is the production of food and other agricultural products in urban areas of city impact settings. This includes in-ground and raised-bed production as well as aquaponic and hydroponic production systems. Additionally, urban agriculture also includes the rearing of honeybees, fish, and livestock where allowed by local government. There are four (4) broad categories of urban agriculture: Market gardening, urban farming, community gardening, and victory gardening. Urban agriculture can be a profession, supplemental or livelihood, a form of therapeutic work, a form of recreation, a mode of education, a practice of community development, an effort to increase food security and community nutrition, and a way to regenerate and beautify neighborhoods.

History:

[22-1001, added 2024, ch. 176, sec. 1, p. 662.]
Idaho Code § 22-3506 — Idaho Code / Title 22 / Chapter 35 / Section 22-3506
22-3506 SELECTION OF COMMISSION — TERMS OF MEMBERS — VACANCIES.
Status: in_force

22-3506. Selection of commission — Terms of members — Vacancies. (1) The governor shall appoint six (6) persons to the commission based upon submitted nominee petitions. One (1) member shall be a dealer or processor and five (5) members shall be growers.

(a) Growers, dealers and processors shall nominate from among themselves, by petition, not more than two (2) names for each position to be filled on the commission.

(b) In the case of grower members, petitions shall be signed by not less than fifteen (15) qualified growers. The nominations made shall be, as near as practicable, representative of lentils, dry peas and chickpeas.

(c) Petitions for dealer or processor members shall be signed by not less than three (3) qualified processors or dealers.

(2) The first members of the commission shall draw lots to determine their respective terms of office. Two (2) of the original members shall serve for one (1) year; two (2) of the original members shall serve for two (2) years; and three (3) of the original members shall serve for three (3) years, provided however, that the terms of office of both dealer members of the commission shall not expire in the same year. The term of office of members of the commission thereafter shall be three (3) years, commencing on July 1.

(3) Members of the commission may not serve more than two (2) consecutive terms, nor may they hold or file for any elective political office while a member of the commission.

(4) In the event there are vacancies in the commission, it shall be the duty of the western pea and lentil growers' association, as the designated representative of Idaho growers of dry peas, lentils and chickpeas or, in the case of the dealer positions, the U.S. pea and lentil trade association as the designated representative of the dealers and processors of Idaho, to submit to the governor not more than two (2) qualified names for each vacancy supported by the proper nominating petitions. The governor shall make the appointment or appointments to fill each vacancy. The appointment shall be for the remainder of the term for that position.

History:

[22-3506, added 1965, ch. 106, sec. 6, p. 192; am. 2009, ch. 129, sec. 1, p. 408; am. 2011, ch. 54, sec. 2, p. 118.]
Idaho Code § 22-4906 — Idaho Code / Title 22 / Chapter 49 / Section 22-4906
22-4906 NUTRIENT MANAGEMENT PLAN.
Status: in_force

22-4906. Nutrient management plan. Each beef cattle animal feeding operation shall submit a nutrient management plan to the director for approval. Beef cattle animal feeding operations that are operating on or before July 1, 2000, shall submit a nutrient management plan to the director for approval no later than January 1, 2005. Any new operation commencing operations after July 1, 2000, shall not operate prior to the director's approval of a nutrient management plan. An approved nutrient management plan shall be implemented and considered a best management practice. Following department review and approval, the plan, and all copies of the plan, shall be returned to the operation and maintained on site. Such plans shall be available to the administrator on request. Operations that elect to utilize a web-based nutrient management planner, housed with the Idaho state department of agriculture, are consenting to allow the plan to be housed on file with the Idaho state department of agriculture. The nutrient management plan, information provided and generated in utilization of a web-based nutrient management planner, and all information generated by the beef cattle animal feeding operation as a result of a plan shall be deemed to be trade secrets, production records, or other proprietary information, shall be kept confidential, and shall be exempt from disclosure pursuant to section 74-107, Idaho Code.

History:

[22-4906, added 2000, ch. 63, sec. 1, p. 141; am. 2004, ch. 187, sec. 4, p. 581; am. 2020, ch. 66, sec. 1, p. 154.]
Idaho Code § 22-5402 — Idaho Code / Title 22 / Chapter 54 / Section 22-5402
22-5402 LEGISLATIVE INTENT.
Status: in_force

22-5402. legislative intent. The legislative intent of this act is to authorize the Idaho state department of agriculture to administer and enforce this act, the produce safety rule, not to exceed the standards required by federal law. The Idaho state department of agriculture shall create a program capable of fulfilling a thorough and competent preventive food safety system through a collaborative and cooperative effort that will demonstrate movement toward the goal of improved produce safety. Such program shall ensure that fresh fruit and vegetables meet standards to provide the safest food to consumers and improve access to wholesome nutritious fresh produce across the state, the nation and the world.

History:

[22-5402, added 2018, ch. 216, sec. 2, p. 487.]
Idaho Code § 22-4202 — Idaho Code / Title 22 / Chapter 42 / Section 22-4202
22-4202 PURPOSE.
Status: in_force

22-4202. Purpose. It is hereby declared, as a matter of legislative determination, that it is to the best interests of all the people of the state of Idaho that the abundant and natural resources of Idaho be protected, fully developed and uniformly distributed; that economic waste threatens the alfalfa seed and clover seed industries in the state of Idaho by the lack of facilities and funds for research to develop and improve control measures for diseases and pests which attack alfalfa seed and clover seed pollinators, to improve alfalfa seed and clover seed growing culture and to disseminate information to the growers, and by lack of proper advertising and dissemination of information necessary for the development and promotion of alfalfa seed and clover seed grown in the state of Idaho; and that it is in the interests of the people, welfare and general prosperity of the state of Idaho that this avoidable economic waste be eliminated by the growers having at their disposal all available information on the best and most advanced methods of culture, growing, harvesting and marketing of alfalfa seed and clover seed. The purpose of this act is to promote the general welfare of our people by improving the culture and production of and expanding the market for alfalfa seed and clover seed grown in the state of Idaho.

History:

[22-4202, added 1974, ch. 184, sec. 2, p. 1481; am. 2000, ch. 201, sec. 3, p. 498.]
Idaho Code § 22-1910A — Idaho Code / Title 22 / Chapter 19 / Section 22-1910A
22-1910A LAW ENFORCEMENT.
Status: in_force

22-1910A. Law enforcement. (1) It shall be the duty of all peace officers within the state of Idaho, as defined by section 19-5101(d), Idaho Code, to enforce the provisions of this chapter by making a complaint or citation as described in section 19-3901, Idaho Code.

(2) Peace officers within the state of Idaho, upon reasonable suspicion that a conveyance is infested with quagga mussels or zebra mussels, may require a driver of a vehicle to stop and submit to an inspection of the exterior of any conveyance(s) in plain view.

(3) If the peace officer has probable cause to believe that the conveyance(s) are contaminated with quagga mussels or zebra mussels, or when a conveyance is found to be contaminated or otherwise carrying quagga mussels or zebra mussels, the peace officer shall detain the vehicle and conveyance(s) and immediately summon a tow truck to transport the conveyance(s) to the nearest available impound yard.

(4) Upon impoundment, the director shall issue a hold order as provided in this chapter specifying the conditions for release.

History:

[22-1910A, added 2010, ch. 342, sec. 4, p. 899.]
Idaho Code § 22-2412 — Idaho Code / Title 22 / Chapter 24 / Section 22-2412
22-2412 FEES CHARGED BY CERTIFYING AGENCY.
Status: in_force

22-2412. Fees charged by certifying agency. Fees may be charged by the certifying agency, under schedules set forth in rules of the department for certification of crops, plants, plant parts or products thereof under this chapter, but these fees shall have a reasonable relation to the cost, and may be used only for expenses in connection with inspection and certification and improvement of inspection and certification services.

History:

[22-2412, added 1999, ch. 117, sec. 1, p. 352.]
Idaho Code § 22-615 — Idaho Code / Title 22 / Chapter 6 / Section 22-615
22-615 PUBLICATION OF INFORMATION.
Status: in_force

22-615. Publication of information. The department shall publish at least annually and in a form it deems proper: the total tonnage of fertilizer distributed, the number of total official samples analyzed and the number of deficient official samples analyzed, and any other information the department deems fit.

History:

[22-615, added 2000, ch. 295, sec. 2, p. 1020.]
Idaho Code § 22-1901 — Idaho Code / Title 22 / Chapter 19 / Section 22-1901
22-1901 TITLE.
Status: in_force

22-1901. Title. This chapter shall be known as "The Idaho Invasive Species Act of 2008."

History:

[22-1901, added 2008, ch. 387, sec. 1, p. 1062.]
Idaho Code § 22-5302 — Idaho Code / Title 22 / Chapter 53 / Section 22-5302
22-5302 OFFICERS — MEETINGS — EXPENSES.
Status: in_force

22-5302. officers — meetings — expenses. (1) The board shall be cochaired by the director of the department of agriculture and the director of the department of fish and game. A vice chairman and a secretary-treasurer shall be annually elected from among the appointed board members. The board shall meet annually and at such other times as called by a cochairman or when requested by two (2) or more members of the board.

(2) In the performance of official duties, each appointed board member shall be compensated as provided in section 59-509(b), Idaho Code.

(3) No funds raised pursuant to section 22-5306, Idaho Code, shall be used for travel or expenses outside the state of Idaho.

(4) Reimbursement of actual expenses incurred by appointed board members shall be paid from the state wolf control fund.

(5) The department of agriculture and the department of fish and game shall bear the cost of administering the meetings of the board.

History:

[22-5302, added 2014, ch. 188, sec. 2, p. 501.]
Idaho Code § 22-4901 — Idaho Code / Title 22 / Chapter 49 / Section 22-4901
22-4901 SHORT TITLE.
Status: in_force

22-4901. Short title. This chapter shall be known and cited as the "Beef Cattle Environmental Control Act."

History:

[22-4901, added 2000, ch. 63, sec. 1, p. 139.]
Idaho Code § 22-5304 — Idaho Code / Title 22 / Chapter 53 / Section 22-5304
22-5304 POWERS AND DUTIES.
Status: in_force

22-5304. powers and duties. (1) It is hereby made the duty of the board to administer the wolf control fund, including setting the procedures and standards for payment from the fund. In carrying out these duties, the board may cooperate with federal, state, county, city and private agencies, organizations and individuals.

(2) The board has the authority to enter into agreements, including contracts, memoranda of understanding or memoranda of agreement with any federal agency, state agency, private contractor, political subdivision of the state of Idaho, or agency of another state in order to implement the provisions of this act.

(3) The control of wolves under this chapter includes the payment of compensation for damages. To determine compensation, the board shall use historic livestock loss prior to the 1995 wolf reintroduction as a base in each wolf depredation unit as determined by Idaho state department of agriculture data. Livestock producers shall report their actual losses to the board each year by December 31. The board shall determine the comparable loss for payment based on available funding. Control activities funded by the board shall be consistent with the provisions of section 36-1107(c) and (d), Idaho Code.

(4) The board may contract with the director of the Idaho state department of agriculture for legal and fiscal services as required under this act.

History:

[22-5304, added 2014, ch. 188, sec. 2, p. 501; am. 2021, ch. 307, sec. 1, p. 914; am. 2024, ch. 203, sec. 1, p. 721.]
Idaho Code § 22-907 — Idaho Code / Title 22 / Chapter 9 / Section 22-907
22-907 CONTAINERS.
Status: in_force

22-907. Containers. The term "containers" means cloth, plastic, paper, or fiber sacks (such as are customarily used in the shipment of potatoes), cartons, barrels, boxes, crates, hampers, or baskets. Cloth or fiber sacks in which potatoes not exempt under the provisions of this act are packed for shipment, shall be new or recleaned, bright, undamaged sacks. Provided, however, that on and after September 1, 1949, no container known as a mugged bag can be used on any grade or grades of potatoes as defined in this act. The term "mugged bag" means any bag, after such bag has been filled and the top thereof closed or secured, which is not fully closed at the top and which leaves the mouth thereof partially open so that the lips of the bag are not drawn closely together.

The term "undamaged" means that sacks have unbroken hems and may have not more than two (2) holes of not more than one (1) inch in diameter.

History:

[22-907, added 1941, ch. 32, sec. 7, p. 72; am. 1949, ch. 108, sec. 1, p. 197; am. 1965, ch. 146, sec. 2, p. 285.]
Idaho Code § 22-623 — Idaho Code / Title 22 / Chapter 6 / Section 22-623
22-623 NOT APPLICABLE TO WHOLESALE TRANSACTIONS.
Status: in_force

22-623. Not applicable to wholesale transactions. Nothing in this chapter restricts or precludes sales or exchanges of fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or prevents the free and unrestricted shipments of fertilizer to manufacturers or manipulators who have registered their products as required by this chapter.

History:

[22-623, added 2000, ch. 295, sec. 2, p. 1023.]
Idaho Code § 22-705 — Idaho Code / Title 22 / Chapter 7 / Section 22-705
22-705 APPEAL FROM CLASSIFICATION.
Status: in_force

22-705. Appeal from classification. The owner or person in possession of any farm product classified in accordance with section 22-704 may appeal from such classification to the department, under such rules and regulations as the department may prescribe, which shall issue a certificate of the grade or other classification thereof.

History:

[(22-705) 1917, ch. 24, sec. 1o, p. 65; reen. C.L. 79:14; C.S., sec. 2035; I.C.A., sec. 22-705.]
Idaho Code § 22-4002 — Idaho Code / Title 22 / Chapter 40 / Section 22-4002
22-4002 BARLEY COMMISSION CREATED — MEMBERS.
Status: in_force

22-4002. Barley commission created — Members. There is hereby created and established in the department of self-governing agencies the Idaho barley commission to be composed of three (3) grower members appointed by, and serving at the pleasure of, the governor, one (1) from each of the three (3) commission districts referred to in section 22-4004, Idaho Code, who shall be appointed by the governor from a list of names with at least three (3) names for each appointive office for each district submitted to the governor by the Idaho grain producers association, inc., a grain growers' association representing barley growers throughout the state of Idaho, and each shall hold office for the term specified in section 22-4005, Idaho Code. The commissioners appointed by the governor may select a barley industry representative to serve a three (3) year term on the commission. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, shall be an ex officio member of the commission without vote.

History:

[22-4002, added 1988, ch. 194, sec. 1, p. 351; am. 2012, ch. 263, sec. 1, p. 731.]
Idaho Code § 22-3510 — Idaho Code / Title 22 / Chapter 35 / Section 22-3510
22-3510 DUTIES AND POWERS OF COMMISSION.
Status: in_force

22-3510. Duties and powers of commission. (1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes.

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

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

(b) To find new markets for pea and lentil products.

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

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

(e) To investigate and participate in studies of the problems peculiar to the producers of peas and lentils in Idaho.

(f) To take such action as the commission deems necessary or advisable in order to stabilize and protect the pea and lentil industry of the state.

(g) To sue and be sued.

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

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

(j) 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.

(k) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities 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 and publicity and reciprocal enforcement.

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

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

(n) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and regulations for the procedure and exercise of its powers and the performance of its duties.

(o) To incur indebtedness and repay the same, and carry on all business activities.

(p) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys and other financial transactions made and done pursuant to this order. Such records, books and accounts shall be audited subject to lawful, sound procedures and methods of accounting at least annually and a copy of such audit shall be delivered within thirty (30) days after completion thereof to the governor, commissioner of agriculture, director of legislative services and the commission. The books, records and accounts shall be open to inspection by the state controller and public at all times.

(q) To make a full and complete report available to all Idaho pea and lentil producers annually, and once every five (5) years, commencing May 1, 1970, poll each grower as to the advisability of continuing the commission. If a majority of the growers representative of a majority of the pounds produced request a repeal of this act, the commission shall at the next session of the legislature request a repeal.

History:

[22-3510, added 1965, ch. 106, sec. 10, p. 192; am. 1971, ch. 23, sec. 1, p. 54; am. 1994, ch. 180, sec. 27, p. 441; am. 2003, ch. 32, sec. 9, p. 122.]
Idaho Code § 22-614 — Idaho Code / Title 22 / Chapter 6 / Section 22-614
22-614 ADULTERATION.
Status: in_force

22-614. Adulteration. No person shall distribute an adulterated fertilizer product. A fertilizer is adulterated if:

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

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

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

History:

[22-614, added 2000, ch. 295, sec. 2, p. 1020.]
Idaho Code § 22-3613 — Idaho Code / Title 22 / Chapter 36 / Section 22-3613
22-3613 ASSESSMENT — INCREASE.
Status: in_force

22-3613. Assessment — Increase. If it appears from an investigation that the revenue from the assessment levied hereunder is inadequate to accomplish the purposes of this chapter, the commission shall file with the director of the department of agriculture a report showing the necessity of the industry, extent and probable cost 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 ten cents (10¢) per forty (40) pounds shipped in bulk, container or any style of package; but no increase shall be made prior to filing of said report and finding. Provided, however, that no increase in such assessment shall become effective unless the same shall first be referred by the commission on a referendum mail ballot of the apple growers of this state, and be approved by two-thirds (2/3) vote of the growers of fifty per cent (50%) or more of the acreage represented in the voting.

History:

[22-3613, added 1966 (2nd E.S.), ch. 17, sec. 13, p. 39; am. 1987, ch. 300, sec. 2, p. 638.]
Idaho Code § 22-4603 — Idaho Code / Title 22 / Chapter 46 / Section 22-4603
22-4603 RULES.
Status: in_force

22-4603. Rules. The director is authorized to promulgate rules in accordance with chapter 52, title 67, Idaho Code, for the administration and implementation of this chapter including, but not limited to, rules concerning onsite inspections, standards for maintenance of fish health and standards for marketing. The director is further authorized to develop and conduct research programs addressing environmental issues and other issues related to the industry. In the development of such rules and programs, the director shall consult with representatives of commercial fisheries and the aquaculture industry.

History:

[22-4603, added 1992, ch. 273, sec. 1, p. 845; am. 1994, ch. 363, sec. 2, p. 1138.]
Idaho Code § 22-2225 — Idaho Code / Title 22 / Chapter 22 / Section 22-2225
22-2225 STATEMENT OF UNIFORM INTERPRETATION AND POLICY.
Status: in_force

22-2225. Statement of uniform interpretation and policy. When not otherwise stated in this chapter or rules adopted under this chapter, the statements of uniform interpretation and policy as adopted in the annual publication of the American plant food control officials shall guide the department when making the decisions in the areas covered by AAPFCO statements of uniform interpretation and policy.

History:

[22-2225, added 2001, ch. 250, sec. 3, p. 915.]
Idaho Code § 22-4208 — Idaho Code / Title 22 / Chapter 42 / Section 22-4208
22-4208 RECEIPT OF GIFTS — PAYABLE TO COMMISSION.
Status: in_force

22-4208. Receipt of gifts — Payable to commission. The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this act, which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this act shall be paid to the Idaho alfalfa and clover seed commission.

History:

[22-4208, added 1974, ch. 184, sec. 8, p. 1481; am. 2000, ch. 201, sec. 8, p. 501.]
Idaho Code § 22-3303 — Idaho Code / Title 22 / Chapter 33 / Section 22-3303
22-3303 DEFINITIONS.
Status: in_force

22-3303. Definitions. As used in this act, unless the context requires otherwise:

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

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

(3) "First purchaser" means any person, group, association or partnership that buys wheat from the grower in the first instance, or any lienholder, public or private, including the Commodity Credit Corporation, who may possess wheat from the grower under any lien.

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

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

(6) "Delivery" means placing of wheat into the primary channels of trade.

(7) "Crop reduction program" means an offer by an agency of the United States government to give growers an amount of wheat as payment for reducing planted acreage of wheat.

History:

[22-3303, added 1959, ch. 6, sec. 3, p. 13; am. 1983, ch. 227, sec. 1, p. 628.]
Idaho Code § 22-2807 — Idaho Code / Title 22 / Chapter 28 / Section 22-2807
22-2807 DUTIES.
Status: in_force

22-2807. Duties. The commission shall plan and conduct a campaign for honey and honey by-product advertising, publicity, merchandising, sales promotion and research, including bee research, and public education of beekeeping and honey production, by contracting with a service of the hereinabove mentioned, or jointly with any university or other state agency or states of the United States and its territories, or individually.

History:

[22-2807, added 1949, ch. 147, sec. 7, p. 301; am. 2006, ch. 87, sec. 1, p. 257; am. 2012, ch. 123, sec. 3, p. 343; am. 2026, ch. 218, sec. 3, p. 912.]
Idaho Code § 22-3511 — Idaho Code / Title 22 / Chapter 35 / Section 22-3511
22-3511 COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS.
Status: in_force

22-3511. Commission accepting grants, donations and gifts. The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this act which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this act shall be paid to the Idaho pea and lentil commission and shall be deposited in a bank account in the name of the Idaho pea and lentil commission, and such moneys shall be kept in such Idaho pea and lentil commission account and made available for defraying the expenses of the commission in carrying out the provisions of this act.

History:

[22-3511, added 1965, ch. 106, sec. 11, p. 192; am. 1971, ch. 23, sec. 2, p. 54.]
Idaho Code § 22-3515 — Idaho Code / Title 22 / Chapter 35 / Section 22-3515
22-3515 IMPOSITION OF ASSESSMENT.
Status: in_force

22-3515. Imposition of assessment. (1) From and after July 1, 1997, there is hereby levied and imposed an assessment of an amount not to be less than one percent (1%) nor to exceed two percent (2%) of the net receipts at the first point of sale, to be deducted by the first purchaser from the price paid to the grower on dry peas or lentils grown in Idaho, or chickpeas or garbanzos grown north of the Salmon River, sold after July 1, 1997, dockage free weight, and sold or contracted through commercial channels, and each and every crop grown thereafter. The assessment provided in this subsection shall be paid at such time or times as the commission may by rule prescribe.

(2) The assessment 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 peas or lentils under his lien, the assessment shall be deducted by the lienholder from the proceeds of the claims secured by such lien at the time the peas or lentils are pledged or mortgaged. The assessment shall be deducted as provided in this section whether the peas or lentils are 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 assessment, provided the amount of the assessment 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 as provided in subsection (1) of this section. 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 assessment shall be levied on peas and lentils grown and delivered on seed or grower contracts. The assessment shall be levied and assessed to the grower at the time of settlement and shall be deducted by the seed company, corporation, cooperative, partnership, or person from the price paid to the grower at the time of settlement for fulfillment of conditions as set forth in grower contracts.

(5) The assessment shall not be levied on peas and lentils retained and used by the grower for his own seed and feed.

(6) The assessment constitutes a lien prior to all other liens and encumbrances upon such peas or lentils except liens which are declared prior by operation of a statute of this state.

History:

[22-3515, added 1965, ch. 106, sec. 15, p. 192; am. 1971, ch. 23, sec. 3, p. 54; am. 1975, ch. 5, sec. 1, p. 9; am. 1981, ch. 1, sec. 1, p. 3; am. 1983, ch. 23, sec. 1, p. 62; am. 1985, ch. 62, sec. 1, p. 124; am. 1986, ch. 27, sec. 1, p. 79; am. 1997, ch. 154, sec. 2, p. 437; am. 2001, ch. 298, sec. 1, p. 1077.]
Idaho Code § 22-5124 — Idaho Code / Title 22 / Chapter 51 / Section 22-5124
22-5124 ADVISORY COMMITTEE.
Status: in_force

22-5124. Advisory committee. (1) There is hereby created a seed indemnity fund advisory committee appointed by the director consisting of nine (9) members representing the diversity of the industry. Appointments shall be for up to three (3) year terms, each term ending on the same day of the same month as did the term preceding it. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed, shall hold office for the remainder of the predecessor's term.

(2) The committee shall be composed of seven (7) producers engaged in producing seed crops and two (2) seed buyers or seed buyer representatives.

(3) The terms of the appointees will be staggered and the initial appointments shall be three (3) producers and one (1) seed buyer for one (1) year terms, two (2) producers for two (2) year terms, and two (2) producers and one (1) seed buyer for three (3) year terms.

(4) The committee shall meet annually at such place and time as it determines and may meet as often as necessary to discharge the duties imposed upon it. Each committee member shall be compensated in accordance with section 59-509(o), Idaho Code, for travel and subsistence expense. The expenses of the committee and its operation shall be paid from the seed indemnity fund.

(5) The committee shall have the power and duty to advise the director concerning assessments, administration of the seed indemnity fund, and payment of claims from the fund. Every two (2) years the committee will review the maximum limits of the fund and give advice to the director.

History:

[22-5124, added 2002, ch. 256, sec. 1, p. 745; am. 2004, ch. 173, sec. 1, p. 551.]
Idaho Code § 22-2007 — Idaho Code / Title 22 / Chapter 20 / Section 22-2007
22-2007 AUTHORITY TO CONDUCT INSPECTIONS — ENTRY ON LANDS.
Status: in_force

22-2007. Authority to conduct inspections — Entry on lands. (1) The director may enter into each county of the state for the purpose of inspecting, examining and determining thereby the healthfulness and general condition of the environmental, horticultural, forestry and agricultural interests.

(2) In order to accomplish the purposes of this chapter, the director may enter upon and inspect any public premises, lands, or means of conveyance for the purpose of inspecting, surveying, treating, controlling, or destroying any plant or plant pest. The director may enter and inspect, with the permission of the landowner or agent, or with probable cause, or with a warrant, any private premises, lands, or means of conveyance, or article of any person within this state, for the purpose of inspecting, surveying, treating, controlling, or destroying any plant or plant pest.

History:

[22-2007, added 2002, ch. 89, sec. 2, p. 217; am. 2024, ch. 28, sec. 1, p. 221.]
Idaho Code § 22-5407 — Idaho Code / Title 22 / Chapter 54 / Section 22-5407
22-5407 STOP SALE AND HOLD AUTHORITY.
Status: in_force

22-5407. stop sale and hold authority. (1) The Idaho state department of agriculture may issue and enforce a stop sale, use, or removal order to the distributor, owner, or custodian of produce that it finds or has probable cause to believe:

(a) Is adulterated within the meaning of chapter 1, title 37, Idaho Code;

(b) Is so misbranded as to be dangerous or fraudulent within the meaning of chapter 1, title 37, Idaho Code;

(c) Is unsound;

(d) Contains any filthy, decomposed or putrid substance;

(e) May be poisonous or deleterious to health or otherwise unsafe; or

(f) Is offered or exposed for sale or held in possession with intent to distribute or sell, or is intended for distribution or sale in violation of any provision of chapter 1, title 37, Idaho Code, or the provisions of this chapter.

(2) The department may hold or order to be held any produce found to be in violation of the provisions of this chapter or rules promulgated under this chapter at a designated place until the law has been complied with and the produce is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. Any person adversely affected by the department's determination may seek remedies as prescribed under the provisions of chapter 52, title 67, Idaho Code.

History:

[22-5407, added 2018, ch. 216, sec. 2, p. 488; am. 2025, ch. 47, sec. 4, p. 223.]
Idaho Code § 22-4714 — Idaho Code / Title 22 / Chapter 47 / Section 22-4714
22-4714 ESTABLISHMENT OF ADMINISTRATOR'S OFFICE.
Status: in_force

22-4714. Establishment of administrator's office. For the convenience of the majority of those most likely to be affected in the administration of this chapter, the administrator, upon recommendation of the commission, shall establish and maintain an office for the administrator.

History:

[22-4714, added 1996, ch. 216, sec. 1, p. 708; am. 2007, ch. 60, sec. 10, p. 146.]
Idaho Code § 22-2726 — Idaho Code / Title 22 / Chapter 27 / Section 22-2726
22-2726 FUNDS OR ASSISTANCE PROVIDED BY COUNTY FROM COUNTY GENERAL FUND.
Status: in_force

22-2726. Funds or assistance provided by county from county general fund. In those counties of Idaho wherein all or a substantial part of the county has been created and is operating as a soil conservation district or districts under the provisions of chapter 27, title 22, Idaho Code, or any amendment thereto, the board of county commissioners may, from time to time, at their discretion and upon request of the supervisors of such soil conservation districts provide in their budget a sufficient amount of money from the county general fund for allocation to the districts to be used by the districts for any purposes authorized by law, or in lieu of such allocation the county commissioners at their discretion may assign or hire an employee or employees of the county to assist the supervisors in the performance of the work of their office. The duties of such employee or employees shall be under the direct supervision of the supervisors of each soil conservation district.

History:

[22-2726, added 1963, ch. 14, sec. 1, p. 149; am. 1969, ch. 217, sec. 1, p. 711; am. 1976, ch. 17, sec. 1, p. 48; am. 1984, ch. 16, sec. 1, p. 18; am. 1990, ch. 358, sec. 1, p. 967; am. 2022, ch. 271, sec. 5, p. 877; am. 2023, ch. 218, sec. 5, p. 609.]
Idaho Code § 22-4506 — Idaho Code / Title 22 / Chapter 45 / Section 22-4506
22-4506 SEVERABILITY.
Status: in_force

22-4506. severability. If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

History:

[22-4506, added 2011, ch. 229, sec. 5, p. 625.]
Idaho Code § 22-2714 — Idaho Code / Title 22 / Chapter 27 / Section 22-2714
22-2714 PAYMENTS OF FEDERAL AID TO VARIOUS COUNTIES BY STATE CONTROLLER.
Status: in_force

22-2714. Payments of federal aid to various counties by state controller. The state controller is hereby authorized and directed to draw his warrant in favor of the counties to whom payment should be made pursuant to the Act of Congress of July 24, 1946 (60 Stat. 642, 33 U.S.C.A. 701-C-3) and forward the same to the treasurer of the county to which such funds are allocated under the terms of the aforementioned federal statute, to be by the treasurer of said county deposited in the public school fund of said county.

History:

[22-2714, added 1953, ch. 157, sec. 1, p. 252; am. 1994, ch. 180, sec. 19, p. 434.]
Idaho Code § 22-4702 — Idaho Code / Title 22 / Chapter 47 / Section 22-4702
22-4702 DECLARATION OF LEGISLATIVE POLICY AND PURPOSE.
Status: in_force

22-4702. Declaration of legislative policy and purpose. It is in the best interests of the state of Idaho that its abundant natural resources be efficiently used and effectively managed for the benefit of its citizens. The oilseed industry is rapidly developing and significantly contributing to the economic welfare of Idaho. The products provided are an important and nutritious part of the human diet. Domestic demand exceeds what is produced in the United States. Moreover, the world market for oilseeds continues to expand. Idaho farmers are in an excellent position to take advantage of this demand. The university of Idaho leads the nation in research on canola and rapeseed. The research effort is critical to the competitiveness of Idaho growers and must be expanded and enhanced. It is the purpose of this chapter to promote the public health and welfare of the citizens of the state by implementing a program of research, promotion, and consumer and industry information designed to strengthen the position in the marketplace of the Idaho oilseed industry, to expand existing markets, and to develop new markets for oilseed and their products.

History:

[22-4702, added 1996, ch. 216, sec. 1, p. 704; am. 2007, ch. 60, sec. 3, p. 143.]
Idaho Code § 22-2606 — Idaho Code / Title 22 / Chapter 26 / Section 22-2606
22-2606 POWERS.
Status: in_force

22-2606. Powers. Each association incorporated under this chapter shall have the following powers:

a. To engage in any activity in connection with the production, marketing, selling, harvesting, preserving, drying, processing, canning, packing, storing, handling or utilization of any agricultural products produced or delivered to it by its members; or the manufacturing or marketing of the by-products thereof; or in connection with the purchasing, hiring, manufacturing, selling, or use to, by, or for its members of supplies, machinery or equipment; or in the financing of any such activities; or in any one or more of the activities specified in this section. An association may do business with nonmembers in an amount not to exceed that done with members.

b. To borrow money and to make advances to members.

c. To act as the agent or representative of any member or members in any of the above-mentioned activities.

d. To purchase or otherwise acquire, and to hold, own and exercise all rights of ownership in, and to sell, transfer, or pledge shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the handling or marketing of any of the products handled by the association.

e. To establish reserves and to invest the funds thereof in bonds or such other property as may be provided in the bylaws.

f. To buy, hold and exercise all rights of ownership, over such real or personal property as may be necessary or convenient for the conducting and operation of any of the business of the association or incidental thereto.

g. To do each and every thing necessary, suitable or proper for the accomplishment of any one of the purposes or the attainment of any one or more of the objects herein enumerated; or conducive to or expedient for the interest or benefit of the association; and to contract accordingly; and in addition to exercise and possess all powers, rights and privileges necessary or incidental to the purposes, for which the association is organized or to the activities in which it is engaged; and in addition, any other rights, powers and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions of this chapter; and to do any such thing anywhere.

History:

[(22-2606) 1921, ch. 124, sec. 6, p. 298; am. 1923, ch. 179, sec. 1, p. 279; I.C.A., sec. 22-2006; am. 1933, ch. 212, sec. 2, p. 445.]
Idaho Code § 22-1601 — Idaho Code / Title 22 / Chapter 16 / Section 22-1601
22-1601 DISCRIMINATION IN SALE OF FARM PRODUCTS.
Status: in_force

22-1601. Discrimination in sale of farm products. It is hereby made unlawful for any person, firm, company, partnership, copartnership, corporation, foreign or domestic, or association, or other organization doing business in the state of Idaho, who shall intentionally for the purpose of creating a monopoly or destroying the business of a competitor, in any locality, section, community, city or village, to discriminate between different individuals, corporations, partnerships, copartnerships, associations or organizations of any kind or to discriminate between different sections, localities, communities, villages or cities of this state in the purchase, barter, exchange or resale of farm products, either in the raw or manufactured state, when such products are purchased or sold under recognized standards and grades, as prescribed by the department of agriculture, after making due allowance for the difference, if any, in the actual cost of transportation from the locality of purchase in the raw state to the locality of manufacture, or from the locality of manufacture to the locality of sale, and in addition thereto allowance in the grade or quality of such products, if any.

History:

[(22-1601) 1917, ch. 23, sec. 1, p. 62; reen. C.L. 79:31; am. 1919, ch. 18, sec. 1, p. 81; C.S., sec. 2051; am. 1921, ch. 189, sec. 1, p. 391; I.C.A., sec. 22-1201.]
Idaho Code § 22-2214 — Idaho Code / Title 22 / Chapter 22 / Section 22-2214
22-2214 MISBRANDING.
Status: in_force

22-2214. Misbranding. No person shall distribute a misbranded soil amendment or plant amendment in this state. A soil amendment or plant amendment is deemed to be misbranded if:

(1) Its labeling is false or misleading in any material respect; or

(2) It is distributed under the name or brand of another soil amendment or plant amendment, unless the distribution is proper under section 22-2205, Idaho Code; or

(3) It is not labeled as required in section 22-2207, Idaho Code, and according to the rules of the department adopted under this chapter. The rules shall give due regard to the commonly accepted definitions and terms, as stated or provided in section 22-2203, Idaho Code; or

(4) It purports to be or is represented as a soil amendment or plant amendment, or is represented as containing a soil amendment or plant amendment, unless the soil amendment or plant amendment conforms to the definitions of identity, if any, prescribed by rules of the department. In adopting the rules, the department shall give due regard to commonly accepted definitions and official terms, as stated or provided in section 22-2203, Idaho Code; or

(5) It does not conform to the ingredient form, minimums, labeling and investigational allowances in the rules adopted by the department.

History:

[22-2214, added 2001, ch. 250, sec. 3, p. 912.]
Idaho Code § 22-4720 — Idaho Code / Title 22 / Chapter 47 / Section 22-4720
22-4720 DEPOSITS AND DISBURSEMENT OF FUNDS.
Status: in_force

22-4720. Deposits and disbursement of funds. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate the banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.

(2) No moneys shall be withdrawn or paid out of such accounts except upon order of the commission and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission.

(3) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house of representatives agricultural affairs committee, the legislative council, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year. From and after January 15, 1999, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.

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

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

History:

[22-4720, added 1996, ch. 216, sec. 1, p. 710; am. 2003, ch. 32, sec. 14, p. 126; am. 2005, ch. 56, sec. 1, p. 210; am. 2006, ch. 363, sec. 1, p. 1100.]
Idaho Code § 22-2502 — Idaho Code / Title 22 / Chapter 25 / Section 22-2502
22-2502 DEFINITIONS.
Status: in_force

22-2502. Definitions. The following terms shall be construed respectively when used in this chapter to mean:

(1) "Apiary" means any place where one (1) or more colonies of bees are kept, or one (1) or more hives containing honey combs or bee combs are kept.

(2) "Bee diseases" means a condition of a colony of bees wherein sufficient numbers of individual bees or the colony as a whole are afflicted by or infested with bacterial, fungal, viral, parasitic, or other organisms to the extent that the well-being of the colony is affected. Specific diseases shall be determined by rule.

(3) "Bees" means any stage of common honey bee, Apis mellifera L.

(4) "Colony" means the hive and bees therein with or without extra supers.

(5) "Comb" means and includes all materials which are normally deposited into hives by bees. It does not include extracted honey or royal jelly, trapped pollen and processed beeswax.

(6) "Commercial beekeeper" means a person engaged in the management of honey bees for their products and for pollination services.

(7) "Director" means the director of the Idaho department of agriculture or his designated agent.

(8) "Equipment" means hives, supers, frames, veils, gloves or any apparatus, tools, machines or other devices used in the handling and manipulation of bees, wax and hives, and shall also include any containers for honey and wax which may be used in any apiary or in transporting bees and their products and apiary supplies.

(9) "Exotic strain of bees" means African or Africanized bees (Apis mellifera scutellata) or any other developed strain of bees known to be harmful, but not known to be present ordinarily in this state.

(10) "Hive" means frame, hive, box, barrel, log gum, skep, or any other receptacle or container, natural or artificial, or any part thereof, which may be used as a domicile for bees.

(11) "Hobbyist beekeeper" means a person engaged in the management of honey bees for pleasure and whose stock does not exceed fifty (50) colonies.

(12) "Persons" means individuals, associations, partnerships and corporations.

(13) "Queen apiary" means any apiary or premises in which queen bees are reared or kept for sale or gift.

History:

[(22-2502) 22-2518, added 1963, ch. 305, sec. 2, p. 795; am. 1987, ch. 96, sec. 3, p. 188; am. 1991, ch. 224, sec. 1, p. 534; am. 1993, ch. 11, sec. 1, p. 37; am. 1994, ch. 18, sec. 1, p. 33; am. and redesig. 2006, ch. 86, sec. 2, p. 252.]
Idaho Code § 22-3426 — Idaho Code / Title 22 / Chapter 34 / Section 22-3426
22-3426 UNIFORMITY OF STATE PESTICIDE RULE.
Status: in_force

22-3426. Uniformity of state pesticide rule. Notwithstanding any other provision of law to the contrary, no city, county, taxing district or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, resolution or statute regarding pesticide sale, use, or application including without limitation: registration, notification of use, advertising and marketing, distribution, application methods, applicator training and certification, storage, transportation, disposal, disclosure of confidential information or product composition. Nothing contained in this section shall prohibit or limit fire prevention personnel or fire extinguishing personnel of a city, county or fire protection district from conducting inspections pursuant to or enforcing the International Fire Code.

History:

[22-3426, added 1994, ch. 102, sec. 1, p. 231; am. 1995, ch. 106, sec. 1, p. 340; am. 1996, ch. 22, sec. 18, p. 58; am. 2002, ch. 86, sec. 2, p. 196.]
Idaho Code § 22-2812 — Idaho Code / Title 22 / Chapter 28 / Section 22-2812
22-2812 “STOP SALE, USE, OR REMOVAL” ORDERS.
Status: in_force

22-2812. "Stop sale, use, or removal" orders. (1) In the event the department finds that honey is being offered for sale in violation of this chapter, the department may issue and enforce a written or printed "stop sale, use, or removal" order to the distributor, owner or custodian of the honey and hold the honey, or order it held, at a designated place until the law has been complied with and the honey is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. Unless the department grants a written extension, the owner or custodian of any honey that has been issued a "stop sale, use, or removal" order shall remedy the violation within thirty (30) days. The department shall release the honey so withdrawn when the requirements of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

(2) Any lot of honey not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the commission to a court of competent jurisdiction in the area in which said honey is located. In the event the court finds the said honey to be in violation of the provisions of this chapter and orders the condemnation of said honey, it shall be disposed of in any manner consistent with the quality of the honey and the laws of the state. Provided however, that in no instance shall the disposition of said honey be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said honey or for permission to process or relabel said honey to bring it into compliance with the provisions of this chapter.

History:

[22-2812, added 2012, ch. 123, sec. 8, p. 346; am. 2026, ch. 218, sec. 9, p. 914.]
Idaho Code § 22-1701 — Idaho Code / Title 22 / Chapter 17 / Section 22-1701
22-1701 SHORT TITLE.
Status: in_force

22-1701. SHORT TITLE. This act shall be known and may be cited as the "Industrial Hemp Research and Development Act."

History:

[22-1701, added 2021, ch. 242, sec. 1, p. 736.]
Idaho Code § 22-3804 — Idaho Code / Title 22 / Chapter 38 / Section 22-3804
22-3804 IDAHO MINT COMMISSION — ELECTION OF MEMBERS — COMPENSATION AND TERMS.
Status: in_force

22-3804. Idaho mint commission — Election of members — Compensation and terms. There is hereby created and established within the department of agriculture an Idaho mint commission to be known and designated as such which shall be composed of six (6) practical growers, elected as provided in section 22-3812, Idaho Code. The six (6) elected commissioner members shall select one (1) industry representative to sit on the commission, with full voting privileges and benefits of the other commissioner members. 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 or selection, shall have active experience and be now actually engaged in growing mint in Idaho and shall derive a substantial portion of his income from growing mint 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 mint. 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. 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 receive their actual and necessary travel and other expenses incurred in the performance of their official duties. The commission shall adopt uniform and reasonable regulations governing the incurring and paying of such expenses.

History:

[22-3804, added 1969, ch. 49, sec. 4, p. 126; am. 1974, ch. 18, sec. 91, p. 364; am. 1983, ch. 35, sec. 1, p. 85; am. 1996, ch. 91, sec. 2, p. 274.]
Idaho Code § 22-2307 — Idaho Code / Title 22 / Chapter 23 / Section 22-2307
22-2307 RENEWAL OF LICENSE.
Status: in_force

22-2307. Renewal of license. (1) The fees for the renewal of the annual license required by this chapter shall be paid with the application for license renewal before January 1 of each year. Any license not renewed by February 1 of each year shall be assessed an additional twenty-five dollar ($25.00) fee along with the required license fee specified in section 22-2305, Idaho Code.

(2) Failure to pay the fees when due forfeits the right to operate as a grower, dealer, or agent.

(3) Any person who has been previously licensed to grow or sell nursery or florist stock and whose right to grow or sell has been forfeited shall not be issued a renewal license except upon written application to the department accompanied by a sum of money equal to the regular license fee as provided in section 22-2305, Idaho Code.

History:

[(22-2307) added 1984, ch. 231, sec. 2, p. 556; am. and redesig. 1998, ch. 89, sec. 7, p. 309.]
Idaho Code § 22-1203 — Idaho Code / Title 22 / Chapter 12 / Section 22-1203
22-1203 EXECUTIVE OFFICE.
Status: in_force

22-1203. Executive office. The executive office of said commission is hereby established in Ada county.

History:

[22-1203, added 1939, ch. 172, sec. 3, p. 312; am. 2001, ch. 183, sec. 1, p. 615.]
Idaho Code § 22-3116 — Idaho Code / Title 22 / Chapter 31 / Section 22-3116
22-3116 REFERENDUM ON CONTINUANCE OF COMMISSION — PROCEDURES.
Status: in_force

22-3116. Referendum on continuance of commission — Procedures. After five (5) years from the date the commission was created, a referendum may be held at the petition of the growers or at the request of the commission. The question shall be submitted by secret mail ballots upon which the words "For continuance of the Idaho Hop Grower's Commission" and "Against continuance of the Idaho Hop Grower's Commission" are printed, with a square before each proposition and a direction to insert an "X" mark in the square before the proposition which the voter favors. In the event a referendum is held as provided in this section, no further referendum on the question of discontinuance of such commission shall be held within five (5) years from the date the results of the previous referendum was declared.

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

1. A petition signed by 20% of the growers, or 200 growers, whichever is less. The petitioners shall pay the cost of such referendum if the commission continues but the commission must bear the cost if the majority vote is in favor of discontinuance.

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

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

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

History:

[I.C., sec. 22-3116, as added by 1967, ch. 216, sec. 12, p. 650.]
Idaho Code § 22-2731 — Idaho Code / Title 22 / Chapter 27 / Section 22-2731
22-2731 ALLOCATION OF FUND.
Status: in_force

22-2731. Allocation of fund. The Idaho resource conservation and rangeland development fund shall be allocated for use by the state soil and water conservation commission:

(1) To eligible applicants for conservation improvements which it deems to be "in the public interest" in such amounts as are necessary for the implementation of conservation measures identified in a conservation plan;

(2) To eligible applicants for the purpose of conservation improvements on rangelands, agricultural lands and riparian lands, which will provide environmental enhancement to soil, water, wildlife and related resources;

(3) For the purpose of implementing conservation improvements, projects and the water quality program for agriculture.

History:

[22-2731, added 1985, ch. 116, sec. 1, p. 241; am. 1992, ch. 270, sec. 5, p. 839; am. 1999, ch. 137, sec. 4, p. 389; am. 2003, ch. 107, sec. 8, p. 344; am. 2010, ch. 279, sec. 14, p. 740.]
Idaho Code § 22-3114 — Idaho Code / Title 22 / Chapter 31 / Section 22-3114
22-3114 DEALER'S LICENSE REQUIRED — APPLICATION — FEES — SURETY BOND — REVOCATION OF LICENSE — FORFEITURE OF BOND.
Status: in_force

22-3114. Dealer's license required — Application — Fees — Surety bond — Revocation of license — Forfeiture of bond. No person shall act as dealer in hops 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 fifty dollars ($50.00) and by a good and sufficient surety bond in the penal sum of two thousand dollars ($2,000) executed by the applicant 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 wilfully 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 license 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 22-3112, 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:

[22-3114, added 1955, ch. 224, sec. 14, p. 489; am. 1967, ch. 216, sec. 10, p. 650; am. 1993, ch. 216, sec. 4, p. 590.]
Idaho Code § 22-3109 — Idaho Code / Title 22 / Chapter 31 / Section 22-3109
22-3109 ASSESSMENT RETURN.
Status: in_force

22-3109. Assessment return. Every grower and dealer shall at such times as the commission may by rule or regulation prescribed, file with the commission a return under oath on forms to be prescribed by and furnished by the commission, stating the number of bales handled in the primary channels of trade during the period or periods of time prescribed by the commission and such other information as the commission may require.

History:

[22-3109, added 1955, ch. 224, sec. 9, p. 489; am. 1967, ch. 216, sec. 5, p. 650.]
Idaho Code § 22-4206 — Idaho Code / Title 22 / Chapter 42 / Section 22-4206
22-4206 VACANCIES — TERMS.
Status: in_force

22-4206. Vacancies — Terms. Any office which becomes vacant before expiration of the member's term shall be filled by appointment in the manner provided for regular appointments.

The term of office of the members of the commission shall be three (3) years.

Members of the commission may not serve more than two (2) consecutive terms, provided, 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.

History:

[22-4206, added 1974, ch. 184, sec. 6, p. 1481; am. 2011, ch. 181, sec. 3, p. 514.]
Idaho Code § 22-3801 — Idaho Code / Title 22 / Chapter 38 / Section 22-3801
22-3801 MINT INDUSTRY ACT.
Status: in_force

22-3801. Mint industry act. This act shall be known as the Mint Industry Act.

History:

[22-3801, added 1969, ch. 49, sec. 1, p. 126.]
Idaho Code § 22-2620 — Idaho Code / Title 22 / Chapter 26 / Section 22-2620
22-2620 CONFLICTING LAWS NOT TO APPLY.
Status: in_force

22-2620. Conflicting laws not to apply. Any provisions of law which are in conflict with this chapter shall not be construed as applying to the associations herein provided for.

History:

[(22-2620) 1921, ch. 124, sec. 20, p. 298; I.C.A., sec. 22-2020.]
Idaho Code § 22-2915 — Idaho Code / Title 22 / Chapter 29 / Section 22-2915
22-2915 ADMINISTRATION AND ENFORCEMENT OF ACT.
Status: in_force

22-2915. Administration and enforcement of act. The commission shall prescribe and enforce suitable and reasonable regulations to enforce the provisions of this act, and shall administer the taxes levied and imposed by this act. The commission may at any time send its duly authorized agent or representative to enter upon the premises of any grower, dealer and/or handler of beans, to examine or cause to be examined any books, papers, records or memoranda concerning taxes payable under this act, and to secure other information either directly or indirectly involved in the enforcement of this act.

History:

[22-2915, added 1957, ch. 94, sec. 5, p. 158.]
Idaho Code § 22-2505 — Idaho Code / Title 22 / Chapter 25 / Section 22-2505
22-2505 DUTY OF OWNER OF DISEASED BEES — PENALTY.
Status: in_force

22-2505. Duty of owner of diseased bees — Penalty. Any owner or keeper of bees, knowing or being notified by the director of the existence of a bee disease in his apiary, who fails either to comply with the instructions of the director, designed to cure said disease, or to destroy the infected bees, hives or appliances, within the time designated by the director, is guilty of a misdemeanor.

History:

[(22-2505) 22-2523, added 1963, ch. 305, sec. 7, p. 795; am. 1987, ch. 96, sec. 8, p. 190; am. and redesig. 2006, ch. 86, sec. 6, p. 253.]
Idaho Code § 22-3711 — Idaho Code / Title 22 / Chapter 37 / Section 22-3711
22-3711 ASSESSMENT — PAYMENT — STATEMENT.
Status: in_force

22-3711. Assessment — Payment — Statement. The assessments shall be paid by the grower and shall be due on or before the time when such cherries are first handled in the primary channels of trade and shall be paid at such times as the commission may by rule or regulation prescribe, but not later than sixty (60) days from the date on which the cherries were handled in the primary channels of trade.

The commission shall by rule or regulation prescribe the method whereby the grower remits the assessment, and for that purpose may require the grower to file with the commission his sworn statement containing the information concerning all cherries grown, handled, packed, shipped, or processed by him, and the amount of tax due.

History:

[22-3711, added 1967, ch. 70, sec. 11, p. 157.]
Idaho Code § 22-3807 — Idaho Code / Title 22 / Chapter 38 / Section 22-3807
22-3807 PAYMENT.
Status: in_force

22-3807. Payment. All assessment levied and imposed under and pursuant to the provision of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the essential oils are first handled in the primary channels of trade.

History:

[22-3807, added 1969, ch. 49, sec. 7, p. 126.]
Idaho Code § 22-4008 — Idaho Code / Title 22 / Chapter 40 / Section 22-4008
22-4008 MEETINGS OF COMMISSION.
Status: in_force

22-4008. Meetings of commission. The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman. The chairman may call special meetings of the commission at any time or place.

History:

[22-4008, added 1988, ch. 194, sec. 1, p. 353.]
Idaho Code § 22-4503 — Idaho Code / Title 22 / Chapter 45 / Section 22-4503
22-4503 AGRICULTURAL OPERATION, AGRICULTURAL FACILITY OR EXPANSION THEREOF NOT A NUISANCE — EXCEPTION.
Status: in_force

22-4503. Agricultural operation, agricultural facility or expansion thereof not a nuisance — Exception. No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof.

History:

[22-4503, added 1981, ch. 177, sec. 1, p. 312; am. 1999, ch. 377, sec. 2, p. 1035; am. 2011, ch. 229, sec. 2, p. 624.]
Idaho Code § 22-3611 — Idaho Code / Title 22 / Chapter 36 / Section 22-3611
22-3611 ASSESSMENT — PAYMENT — STATEMENT.
Status: in_force

22-3611. Assessment — Payment — Statement. The assessment shall be paid by the grower and shall be due on or before the time when such apples are first handled in the primary channels of trade and shall be paid at such times as the commission may by rule or regulation prescribe, but not later than sixty (60) days from the date on which the apples were handled in the primary channels of trade.

The commission shall by rule or regulation prescribe the method whereby the grower remits the assessment, and for that purpose may require the grower to file with the commission his sworn statement containing the information concerning all apples grown, handled, packed, shipped or processed by him, and the amount of tax due.

History:

[22-3611, added 1966 (2nd E.S.), ch. 17, sec. 11, p. 39.]
Idaho Code § 22-2210 — Idaho Code / Title 22 / Chapter 22 / Section 22-2210
22-2210 INSPECTION — SAMPLING — ANALYSIS.
Status: in_force

22-2210. Inspection — Sampling — Analysis. (1) The department shall inspect, sample, analyze and test soil amendments or plant amendments distributed within this state at a time and place and to an extent as it deems necessary to determine whether the soil amendments or plant amendments comply with this chapter. The department may stop any commercial vehicle transporting soil amendments or plant amendments on the public highways and direct it to the nearest scales approved by the department to check weights of soil amendments or plant amendments being delivered or to take samples of the product being transported. Also, the department may, upon presentation of proper identification, enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to soil amendments or plant amendments and to records relating to their distribution.

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

(3) In determining for administrative purposes whether a soil amendment or plant amendment is deficient in any component, the department shall be guided solely by the official sample as defined in section 22-2203(24), Idaho Code, and obtained and analyzed as provided for in this section.

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

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

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

History:

[22-2210, added 2001, ch. 250, sec. 3, p. 910.]
Idaho Code § 22-1503 — Idaho Code / Title 22 / Chapter 15 / Section 22-1503
22-1503 DEFINITIONS.
Status: in_force

22-1503. Definitions. (1) "Breeder seed" means seed or vegetative propagating material directly controlled by the originating, or in certain cases the sponsoring, plant breeder or institution and which provides the source for the initial increase of foundation seed.

(2) "Certified" means the written assurance, in certificate form, of the college of agriculture of the university of Idaho, or of its agent designated hereunder, that the particular seeds, tubers, plants or plant parts have the necessary genetic purity of strain and/or other characteristics to meet the standards and requirements approved hereunder. Certification by the certifying agent or college of agriculture of the university of Idaho, or its agent, or state of Idaho does not constitute any warranty that the certified seeds, tubers, plants or plant parts will be free from disease or contamination.

(3) "Foundation seed" means the progeny of breeder seed stocks that are so handled as to maintain specific genetic identity and purity, and that are designated or distributed by the Idaho agricultural experiment station or private companies.

(4) "Genetic purity" means that the lot of seeds, tubers, plants or plant parts are homogeneous for inheritable characteristics as stated in the official description of the variety or strain represented.

(5) "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling.

(6) "Plant" or "tubers" or "plants" or "plant parts" means any variety or strain of plant or part thereof that may be eligible for certification, as hereinafter provided.

(7) "Seed" or "seeds" means the seed of any variety or strain of plant, including tubers that may be eligible for certification, as hereinafter provided.

(8) "Variety or strain" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics by which it can be differentiated from other plants of the same kind.

History:

[(22-1503) 1990, ch. 413, sec. 2, p. 1145; am. and redesig. 1993, ch. 69, sec. 1, p. 182; am. 2020, ch. 80, sec. 2, p. 170.]
Idaho Code § 22-2204 — Idaho Code / Title 22 / Chapter 22 / Section 22-2204
22-2204 AUTHORITY TO ADOPT RULES.
Status: in_force

22-2204. Authority to adopt rules. The department shall administer, enforce, and carry out 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, soil amending or plant amending ingredients, exempted materials, investigational allowances, definitions, labels, labeling, misbranding, mislabeling and disposal of soil amendments and plant amendments and their containers. The adoption of rules shall be subject to public hearing as prescribed by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.

History:

[22-2204, added 2001, ch. 250, sec. 3, p. 906.]
Idaho Code § 22-4907 — Idaho Code / Title 22 / Chapter 49 / Section 22-4907
22-4907 INSPECTIONS.
Status: in_force

22-4907. Inspections. (1) The director or his designee in the division of animal industries is authorized to enter and inspect any beef cattle animal feeding operation and have access to or copy any facility records deemed necessary to ensure compliance with this chapter. The director shall comply with the biosecurity protocol of the operation so long as the protocol does not inhibit reasonable access to:

(a) Enter and inspect at reasonable times the premises or land application site(s) of a beef cattle animal feeding operation;

(b) Review and/or copy, at reasonable times, any records that must be kept under conditions of this chapter;

(c) Sample or monitor, at reasonable times, substances or parameters directly related to compliance with this chapter.

(2) All inspections and investigations conducted under the authority of this chapter shall be performed in conformity with section 17, article I, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless searches of private property in the absence of either consent from the property owner or other authorized person.

History:

[22-4907, added 2000, ch. 63, sec. 1, p. 142; am. 2004, ch. 187, sec. 5, p. 582; am. 2016, ch. 129, sec. 4, p. 378.]
Idaho Code § 22-110 — Idaho Code / Title 22 / Chapter 1 / Section 22-110
22-110 AUTHORITY AND DUTIES OF DIRECTOR CONCERNING AGRICULTURAL WASTE.
Status: in_force

22-110. Authority and duties of director concerning agricultural waste. (1) In addition to other powers and duties, the director of the state department of agriculture shall have authority to regulate agricultural solid waste, agricultural composting and other similar agricultural activities to safeguard and protect animals, man and the environment. The director may promulgate rules in compliance with chapter 52, title 67, Idaho Code, that may be necessary for the efficient enforcement of the provisions of this section. The director may collaborate with any state agency, federal agency or other governmental entity in the development of rules promulgated pursuant to this section.

(2) The director may, by rule, establish a schedule of fees for services performed by the department in the administration of this section and rules promulgated pursuant thereto. Receipts of these fees shall be deposited in the agricultural inspection fund pursuant to section 22-104, Idaho Code, and shall be used, subject to annual appropriation of the legislature, to pay the cost of administering the provisions of this section and rules promulgated pursuant thereto.

(3) Any person violating the provisions of this section or rules promulgated pursuant thereto may be assessed a civil penalty by the department or its duly authorized agent of not more than three thousand dollars ($3,000) for each offense and shall be liable for reasonable attorney'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 has been 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 violations of this section or rules promulgated thereunder shall be deposited in the state treasury and credited to the agricultural inspection fund. When the director identifies items of noncompliance with the rules promulgated pursuant to this section, appropriate corrective actions will be identified. The director may develop a formal compliance schedule as appropriate to correct deficiencies. The director may, through the formal compliance schedule, allow all or part of the value of assessed civil penalties to be applied toward correction of deficiencies.

History:

[22-110, added 1998, ch. 417, sec. 1, p. 1315.]
Idaho Code § 22-4204 — Idaho Code / Title 22 / Chapter 42 / Section 22-4204
22-4204 CREATION OF COMMISSION — MEMBERS — QUALIFICATIONS — COMPENSATION.
Status: in_force

22-4204. Creation of commission — Members — Qualifications — Compensation. (1) There is hereby created and established in the department of self-governing agencies an alfalfa and clover seed commission to be thus known and designated. The commission shall be composed of seven (7) members, including five (5) alfalfa seed or clover seed growers, one (1) representative from the university of Idaho college of agricultural and life sciences, and one (1) alfalfa seed or clover seed dealer.

(2) The five (5) grower members shall be citizens and residents of the state of Idaho, each of whom is and has been actively engaged in the growing and producing of alfalfa seed or clover seed within the state of Idaho, and a portion of whose income has been derived from growing alfalfa seed or clover seed.

(3) The one (1) dealer member shall be a person who, individually or as executive officer of a corporation, firm, partnership, association or cooperative organization, is and has been actively engaged as a dealer in alfalfa seed or clover seed within the state of Idaho, is a citizen and resident of this state, and a portion of his income shall have been derived from handling, packing, shipping, buying and selling alfalfa seed or clover seed, or acting as sales or purchasing agent, broker or factor of alfalfa seed or clover seed.

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

History:

[22-4204, added 1974, ch. 184, sec. 4, p. 1481; am. 1980, ch. 247, sec. 20, p. 597; am. 1998, ch. 121, sec. 1, p. 451; am. 2000, ch. 201, sec. 5, p. 499; am. 2011, ch. 181, sec. 1, p. 513; am. 2025, ch. 138, sec. 1, p. 704.]
Idaho Code § 22-1907 — Idaho Code / Title 22 / Chapter 19 / Section 22-1907
22-1907 RULES AND ORDERS.
Status: in_force

22-1907. Rules and orders. The director is hereby authorized to promulgate rules necessary for the efficient enforcement of the provisions of this chapter. Rulemaking authority shall include, but not be limited to, the determination of which species are invasive and the establishment of procedures for testing, sampling, inspection, certification, permitting, compliance verification and recordkeeping. The director may by written order designate a species as invasive until such time as it may be added to the official rules of the department.

History:

[22-1907, added 2008, ch. 387, sec. 1, p. 1064.]
Idaho Code § 22-3417 — Idaho Code / Title 22 / Chapter 34 / Section 22-3417
22-3417 DAMAGE CLAIMS.
Status: in_force

22-3417. Damage claims. (1) Any individual suffering loss or damage resulting from the use or application by others of any pesticide must file with the department a written report of loss which contains but is not limited to the following information:

(a) The name and address of the claimant; and

(b) the type of property alleged to be damaged; and

(c) the name of the individual applying the pesticide and allegedly responsible; and

(d) the name of the owner or lessee of the property for whom such application of pesticide was made.

This report must be filed within sixty (60) days of the occurrence of the alleged damage, or prior to the harvest of more than twenty-five percent (25%) of such damaged crop.

(2) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered a bar to the maintenance of any criminal or civil action.

(3) The failure to file such a report shall not be a violation of this act.

(4) The department may investigate and determine the nature and extent of the alleged damage.

(5) The department shall prepare and file in its office a report of its investigation.

(6) Copies of the report made by the department may be given upon request to individuals who are financially interested in the matter.

History:

[22-3417, added 1976, ch. 190, sec. 2, p. 701.]
Idaho Code § 22-3905 — Idaho Code / Title 22 / Chapter 39 / Section 22-3905
22-3905 LIENHOLDER'S RIGHTS.
Status: in_force

22-3905. Lienholder's rights. Any dealer or processor who pays any dues to an association pursuant to the assignment of dues governed by this act shall not be liable for such sums upon any seed lien, farm laborer's lien or any other lien or encumbrance which has priority by law upon the proceeds of the farm crop or product. Any lienholder who has priority upon the proceeds from such farm crop or product whose lien remains unsatisfied shall have the right to receive all sums paid to any association pursuant to the assignment of dues. Such association shall remit all dues paid pursuant to the assignment to the priority lienholder upon the receipt of notice and proof that a valid prior lien exists against such farm crop or product.

History:

[22-3905, added 1969, ch. 321, sec. 5, p. 745.]
Idaho Code § 22-4201 — Idaho Code / Title 22 / Chapter 42 / Section 22-4201
22-4201 TITLE OF ACT.
Status: in_force

22-4201. Title of act. This act shall be known as the "Alfalfa and Clover Seed Industries Act."

History:

[22-4201, added 1974, ch. 184, sec. 1, p. 1481; am. 2000, ch. 201, sec. 2, p. 497.]
Idaho Code § 22-5116 — Idaho Code / Title 22 / Chapter 51 / Section 22-5116
22-5116 DEPARTMENT'S AUTHORITY.
Status: in_force

22-5116. Department's authority. The department may, whenever it has reason to believe the provisions of this chapter have been violated or upon verified complaint of any person in writing, investigate the actions of any seed buyer, and if it finds cause to do so, file before the director, a complaint pursuant to chapter 52, title 67, Idaho Code, against the seed buyer requesting relief as authorized by this chapter. Notwithstanding any administrative processes, the director may apply to the appropriate court to enjoin the operations of the seed buyer.

History:

[22-5116, added 2002, ch. 256, sec. 1, p. 743.]
Idaho Code § 22-3605 — Idaho Code / Title 22 / Chapter 36 / Section 22-3605
22-3605 POWERS AND DUTIES.
Status: in_force

22-3605. Powers and duties. The Idaho apple 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 personnel 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 expense 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 Idaho apples and apple products.

(5) To give, publicize and promulgate reliable information showing the value of apples and apple 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 apples and apple products.

(7) To investigate and participate in studies of the problems peculiar to the growers of apples 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 apples and to protect the apple 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 government, engaged in work or activity similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education, product protection, 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 apples.

(14) To keep an accurate record of all of 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 and orders for the exercise of its powers and performance of its duties under this chapter.

History:

[22-3605, added 1966 (2nd E.S.), ch. 17, sec. 5, p. 39; am. 1994, ch. 180, sec. 28, p. 442; am. 2016, ch. 93, sec. 5, p. 286.]
Idaho Code § 22-5111 — Idaho Code / Title 22 / Chapter 51 / Section 22-5111
22-5111 SUSPENSION OR REVOCATION OF LICENSE.
Status: in_force

22-5111. Suspension or revocation of license. Pursuant to chapter 52, title 67, Idaho Code, the department may suspend or revoke any license issued under the provisions of this chapter, for any violation of, or failure to comply with, any provision of this chapter or chapter 7, title 28, Idaho Code. Pending investigation, the department, whenever it deems necessary, may suspend a license temporarily without a hearing.

History:

[22-5111, added 2002, ch. 256, sec. 1, p. 741; am. 2004, ch. 42, sec. 34, p. 134.]
Idaho Code § 22-1108 — Idaho Code / Title 22 / Chapter 11 / Section 22-1108
22-1108 APPEAL PROCESS.
Status: in_force

22-1108. Appeal process. Any person aggrieved by an agency action in the administration and enforcement of this chapter or rules promulgated pursuant thereto may, within sixty (60) days after the action is taken, petition the director for a hearing to determine the matter as provided for in relation to contested cases pursuant to chapter 52, title 67, Idaho Code.

History:

[22-1108, added 1994, ch. 99, sec. 1, p. 224.]
Idaho Code § 22-502 — Idaho Code / Title 22 / Chapter 5 / Section 22-502
22-502 PACKING AND TAGGING.
Status: in_force

22-502. Packing and tagging. All potatoes sold or offered for sale as "Idaho certified seed potatoes" must be packed, tagged and sealed in accordance with the Idaho rules of certification as authorized under chapter 15, title 22, Idaho Code.

History:

[22-502, added 1939, ch. 144, sec. 2, p. 261; am. 1965, ch. 6, sec. 1, p. 8; am. 1996, ch. 215, sec. 2, p. 701.]
Idaho Code § 22-2017 — Idaho Code / Title 22 / Chapter 20 / Section 22-2017
22-2017 CROP MANAGEMENT AREAS.
Status: in_force

22-2017. Crop management areas. The legislature recognizes the fact that in order to produce crops that are free from plant pests, and to control such plant pests, it is frequently necessary to apply certain crop management practices over an area which may include several farms, orchards, nurseries or other crop producing entities. Such practices may include, but are not limited to, use of clean seed, destruction of infested or undesirable plants, use of chemicals and prohibiting introduction of host materials. The legislature further recognizes that it is in the public interest that the director be authorized to designate certain areas as crop management areas and to stipulate those practices which shall be followed in the management area insofar as they affect the particular crop.

(1) The director may provide for establishment of a crop management area after presentation of a petition signed by not less than twenty-five (25) registered electors residing within the confines of the proposed crop management area. The petitioners shall give the petition to the county clerk of the county or counties who shall examine the signatures and certify the number of valid signatures of electors residing within the confines of the proposed crop management area and transmit the petition to the director. The director may establish a crop management area within the boundaries specified in the petition.

(2) In instances where there are less than twenty-five (25) registered electors residing within the confines of the proposed crop management area, a majority of those registered electors must sign the petition in order for the petition to be considered by the director. The petitioner(s) of the proposed crop management area shall present the petition to the county clerk of the county of the proposed crop management area. The county clerk of the county shall examine the signatures presented by the petitioner(s) and shall certify that the number of valid signatures constitutes a majority of electors residing within the confines of the proposed crop management area. The county clerk of the county shall then transmit the petition to the director. The director may establish a crop management area within the boundaries specified in the petition.

(3) In instances where there are no registered electors residing within the confines of the proposed crop management area, the petitioner(s) of the proposed crop management area shall present the petition to the county clerk of the county of the proposed crop management area. The county clerk of the county shall notify the director in writing certifying that there are no registered electors residing in the proposed crop management area. The county clerk of the county shall then transmit the petition to the director. The director may establish a crop management area within the boundaries specified in the petition.

(4) The director may make and enforce rules to maintain the management area. Rules may include, but shall not be limited to:

(a) Specification of the kind and quality of seed or other propagative material which may be planted in the area;

(b) Specification of treatments, chemical or otherwise, which shall be used to control pests or undesirable plants in the area;

(c) Transportation of vegetative material into, within or out of the area;

(d) Disposition of infested crops, undesirable plants or other material which may include destruction of the crops, plants or other material;

(e) Disposition of vegetative material planted in violation of the rules.

(5) Disposition of infested or violative material in a crop management area shall be at the expense of the owner thereof.

History:

[22-2017, added 2002, ch. 89, sec. 2, p. 222; am. 2004, ch. 186, sec. 1, p. 577.]
Idaho Code § 22-903 — Idaho Code / Title 22 / Chapter 9 / Section 22-903
22-903 IDAHO STANDARD.
Status: in_force

22-903. Idaho Standard. Idaho Standard potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics, the minimum size of which shall be two (2) inches in diameter, or four (4) ounces in weight, except as hereinafter provided for, and not less than forty percent (40%) of the potatoes in the lot shall be six (6) ounces or larger, and which are free from freezing, injury, blackheart, soft rot or wet breakdown and from serious damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, air cracks, internal disorders, cuts (potatoes with clipped ends permissible only in tolerance hereinafter provided for), shriveling, scab, blight, dry rot, other disease, insects or mechanical or other means.

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

History:

[22-903, added 1941, ch. 32, sec. 3, p. 72; am. 1970, ch. 175, sec. 3, p. 505.]
Idaho Code § 22-4211 — Idaho Code / Title 22 / Chapter 42 / Section 22-4211
22-4211 TIME FOR PAYMENT OF ASSESSMENTS — RECOVERY OF PAYMENT FROM GROWER.
Status: in_force

22-4211. Time for payment of assessments — Recovery of payment from grower. All assessments levied and imposed under and pursuant to the provisions of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the alfalfa seed or clover seed is first handled in the primary channels of trade and shall be paid at such times as the commission may by rule prescribe, but not later than sixty (60) days from the date on which the grower received payment for the alfalfa seed or clover seed. If the party first handling the alfalfa seed or clover seed in the primary channels of trade is a person other than the grower he may charge against or recover from the grower of such alfalfa seed or clover seed the full amount of any assessment levied and imposed under this chapter.

History:

[22-4211, added 1974, ch. 184, sec. 11, p. 1481; am. 2000, ch. 201, sec. 10, p. 501.]
Idaho Code § 22-905 — Idaho Code / Title 22 / Chapter 9 / Section 22-905
22-905 APPLICATION OF TOLERANCES.
Status: in_force

22-905. Application of tolerances. All percentages shall be calculated on the basis of weight.

The tolerances for the standards are on a container basis. However, if the averages for the entire lot, based on sample inspection, are within the tolerances specified in the standards, the contents of individual packages in the lot may vary from the specified tolerances subject to the following limitations.

In packages containing over 15 specimens, when the tolerance specified is 10 percent or more, not over one tenth (1/10) of the individual packages in the lot may contain more than one and one-half (1 1/2) times the tolerance, but no package may contain more than four (4) times the tolerance for soft rot or wet breakdown.

When the tolerance specified is less than 10 percent, not over one tenth (1/10) of the individual packages in any lot may contain more than double the tolerance specified, but no package may contain more than four (4) times the tolerance for soft rot or wet breakdown.

In packages containing 15 specimens, or less, not over one tenth (1/10) of the individual packages in any lot may contain more than double any tolerance specified, except that at least one (1) defective specimen shall be permitted in a package.

History:

[22-905, added 1941, ch. 32, sec. 5, p. 72.]
Idaho Code § 22-3417B — Idaho Code / Title 22 / Chapter 34 / Section 22-3417B
22-3417B FALSE REPORT OF DAMAGE CLAIM.
Status: in_force

22-3417B. FALSE REPORT OF DAMAGE CLAIM. Any person who intentionally and willfully makes a damage claim to a law enforcement agency or the Idaho state department of agriculture knowing such report to be false shall be guilty of a misdemeanor.

History:

[22-3417B, added 2024, ch. 88, sec. 1, p. 427.]
Idaho Code § 22-3902 — Idaho Code / Title 22 / Chapter 39 / Section 22-3902
22-3902 ASSIGNMENT CANNOT BE INVALIDATED BY PRIVATE CONTRACT.
Status: in_force

22-3902. Assignment cannot be invalidated by private contract. No provision which is inserted in any contract that is prepared by a dealer or processor which makes an assignment of the dues described in section 22-3901 ineffective is valid.

History:

[22-3902, added 1969, ch. 321, sec. 2, p. 745.]
Idaho Code § 22-3408 — Idaho Code / Title 22 / Chapter 34 / Section 22-3408
22-3408 STOP SALE, USE OR REMOVAL ORDER AND CHEMIGATION STOP WORK ORDER.
Status: in_force

22-3408. Stop sale, use or removal order and chemigation stop work order. (1) The department may issue and enforce a written stop sale, use or removal order to the owner or custodian of any pesticide or device to hold such pesticide or device at a designated place when the department finds such pesticide or device being distributed in violation of any of the provisions of this act or rules, or is likely to cause unreasonable adverse effects on the environment. The director shall release the pesticide or device by written order when the owner or custodian has complied with all of the provisions of this act and rules.

(2) The department may issue and enforce a written or printed chemigation stop work order to any person engaged in, conducting or carrying on chemigation when the department finds the chemigation is in violation of the provisions of this chapter or any rules promulgated pursuant to this chapter.

(3) The chemigation stop work order shall be in effect until the provisions of this chapter or rules promulgated pursuant to this chapter have been complied with.

History:

[22-3408, added 1976, ch. 190, sec. 2, p. 699; am. 1996, ch. 22, sec. 7, p. 53; am. 1999, ch. 69, sec. 11, p. 188.]
Idaho Code § 22-4602 — Idaho Code / Title 22 / Chapter 46 / Section 22-4602
22-4602 LICENSE REQUIRED — PURCHASES — INSPECTIONS.
Status: in_force

22-4602. License required — Purchases — Inspections. (1) No person shall obtain, possess, preserve, or propagate fish in this state for the purpose of selling the same unless he has first secured a commercial fish rearing license from the director. Such license may be issued by the director upon his finding that:

(a) Such commercial facility is not constructed in or across any natural streambed, lake or other watercourse containing wild fish.

(b) Any dam constructed to divert water into said facility meets all the requirements of section 36-906(a), Idaho Code.

(c) All water inlets to said facility are screened in the manner provided in section 36-906(b), Idaho Code.

(d) The application for such license is made upon a form provided by the department which sets forth such reasonable information as may be required by the director.

(e) The effluent control facilities have been approved by the legally designated state and federal agencies.

(f) The approved application is accompanied by a license fee of twenty-five dollars ($25.00).

(2) A valid license must be obtained for each separate location. Licenses shall expire February 1 in each even-numbered year; biennially thereafter.

(3) A receipt shall be issued to each purchaser identifying the hatchery source and specifying the numbers and species of fish and the date of sale for all sales from fish ponds for a fee and for the sale of live fish for stocking destined for release as wild fish in private or public waters.

(4) The director may, from time to time, inspect a licensed facility to determine conformity of the facility with the licensing requirements of this section and for purposes of determining the species of fish being propagated at the facility.

History:

[22-4602, added 1992, ch. 273, sec. 1, p. 844.]
Idaho Code § 22-3406B — Idaho Code / Title 22 / Chapter 34 / Section 22-3406B
22-3406B CHEMIGATOR RESPONSIBILITIES.
Status: in_force

22-3406B. Chemigator responsibilities. The chemigator shall be responsible for assuring that the irrigation system and chemigation equipment functions properly.

History:

[22-3406B, added 1999, ch. 69, sec. 7, p. 187.]
Idaho Code § 22-702 — Idaho Code / Title 22 / Chapter 7 / Section 22-702
22-702 STANDARDS FOR FARM PRODUCTS AND RECEPTACLES.
Status: in_force

22-702. Standards for farm products and receptacles. After investigation and public hearing the department of agriculture may, from time to time, as far as practicable, establish and promulgate standards for open and closed receptacles for farm products and standards for the grade and other classification of farm products, by which their quantity, quality or value may be determined, and prescribe and promulgate rules and regulations governing the marks, brands and labels which may be required upon receptacles for farm products for the purpose of showing the name and address of the producer or packer, the quantity, nature and quality of the product, or any of them, and for the purpose of preventing deception in reference thereto; provided, that any standard for any farm product or receptacle therefor or any requirement for making receptacles for farm products now or hereafter established under authority of the congress of the United States, shall forthwith, as far as applicable and practicable, be established or prescribed and promulgated by the department as the official standard or requirement in this state.

History:

[(22-702) 1917, ch. 24, sec. 1l, p. 64; reen. C.L. 79:11; C.S., sec. 2032; I.C.A., sec. 22-702; am. 1969, ch. 28, sec. 1, p. 53.]
Idaho Code § 22-4017 — Idaho Code / Title 22 / Chapter 40 / Section 22-4017
22-4017 PAYMENT OF TAX — DISPOSITION OF RECEIPTS.
Status: in_force

22-4017. Payment of tax — Disposition of receipts. The tax imposed in this chapter shall be paid by the first purchaser to the commission. The commission shall receipt the purchaser thereof and promptly deposit the moneys in an account as provided in section 22-4010, Idaho Code. The commission may adopt, rescind, modify and amend regulations not inconsistent with this chapter, related to the payment and collection of the tax provided for in this chapter.

History:

[22-4017, added 1988, ch. 194, sec. 1, p. 356.]
Idaho Code § 22-508 — Idaho Code / Title 22 / Chapter 5 / Section 22-508
22-508 EXEMPTIONS.
Status: in_force

22-508. Exemptions. Upon application to the director, potato plantings of one (1) acre or less per variety are exempted from the certification requirements of this chapter. However, such plantings may at the discretion of the director be subject to any laboratory testing or field inspections as provided for by rule, at the owner's expense.

History:

[22-508, added 1996, ch. 215, sec. 8, p. 703.]
Idaho Code § 22-2921 — Idaho Code / Title 22 / Chapter 29 / Section 22-2921
22-2921 TAX LEVY.
Status: in_force

22-2921. Tax levy. (1) There is hereby levied and imposed a tax of no less than sixteen cents (16¢) but no more than twenty-four cents (24¢) per hundredweight on beans covered by this chapter, which tax shall be due on or before the time when such beans are first handled in the primary channels of trade and shall be paid at such time or times as the commission may by rule or regulation prescribe, but not later than the 15th day of the month next succeeding the three (3) month period in which such beans were handled in the primary channels of trade. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax.

(2) The person first introducing beans into primary channels of trade shall be responsible for payment of the tax. If such person is the dealer or shipper handling beans grown by another he may charge against or recover from the grower of such beans half of the cost thereof, but he shall remain liable for and pay the remaining half of the cost thereof. However, if such person is the dealer or handler and is only cleaning the beans for the grower, he shall charge against or recover from the grower the entire tax imposed pursuant to subsection (1) of this section.

(3) 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 simple majority or a quorum of the commission members.

History:

[22-2921, added 1957, ch. 94, sec. 11, p. 158; am. 1970, ch. 45, sec. 2, p. 92; am. 1972, ch. 351, sec. 2, p. 1038; am. 1978, ch. 135, sec. 1, p. 309; am. 1992, ch. 91, sec. 1, p. 281; am. 2025, ch. 162, sec. 3, p. 782.]
Idaho Code § 22-3113 — Idaho Code / Title 22 / Chapter 31 / Section 22-3113
22-3113 ELECTION OF COMMISSION MEMBERS BY GROWERS — PROCEDURES FOR SAID ELECTIONS — VACANCY.
Status: in_force

22-3113. Election of commission members by growers — Procedures for said elections — Vacancy. 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 said 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. The term of the new director under this subsection shall be only for the unexpired term for which he was elected.

History:

[I.C., sec. 22-3113, reen. 1967, ch. 216, sec. 9, p. 650; am. 1974, ch. 18, sec. 76, p. 364.]
Idaho Code § 22-4009 — Idaho Code / Title 22 / Chapter 40 / Section 22-4009
22-4009 DUTIES AND POWERS OF COMMISSION.
Status: in_force

22-4009. Duties and powers of commission. (1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes.

(2) In the administration of the provisions of this chapter, the commission shall, in conjunction with the Idaho grain producers association, inc., have the following duties, authorities and powers:

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

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

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

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

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

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

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

(b) To sue and be sued.

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

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

(e) 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.

(f) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities 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 and publicity and reciprocal enforcement.

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

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

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

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

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

(l) To audit records of "first purchasers" of Idaho barley and otherwise to determine the time of proper collection amount or payment of the barley tax or any penalties thereto.

History:

[22-4009, added 1988, ch. 194, sec. 1, p. 353; am. 1994, ch. 180, sec. 33, p. 447; am. 1997, ch. 157, sec. 2, p. 454.]
Idaho Code § 22-1915 — Idaho Code / Title 22 / Chapter 19 / Section 22-1915
22-1915 NO EFFECT ON EXISTING LIABILITY.
Status: in_force

22-1915. No effect on existing liability. The enactment of this chapter does not terminate or modify any civil or criminal liability relating to plant pests which exists prior to the effective date of this chapter.

History:

[22-1915, added 2008, ch. 387, sec. 1, p. 1066.]
Idaho Code § 22-3607 — Idaho Code / Title 22 / Chapter 36 / Section 22-3607
22-3607 DEPOSIT AND DISBURSEMENT OF FUNDS.
Status: in_force

22-3607. Deposit and disbursement of funds. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.

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

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

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

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

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

History:

[22-3607, added 1988, ch. 192, sec. 2, p. 347; am. 1993, ch. 327, sec. 9, p. 1201; am. 1994, ch. 180, sec. 29, p. 443; am. 1996, ch. 159, sec. 10, p. 514; am. 2003, ch. 32, sec. 10, p. 123.]
Idaho Code § 22-3518 — Idaho Code / Title 22 / Chapter 35 / Section 22-3518
22-3518 PENALTIES.
Status: in_force

22-3518. 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.

History:

[22-3518, added 1965, ch. 106, sec. 18, p. 192; am. 1971, ch. 23, sec. 6, p. 54.]
Idaho Code § 22-4605 — Idaho Code / Title 22 / Chapter 46 / Section 22-4605
22-4605 COMMERCIAL FISHERIES/AQUACULTURE ACCOUNT.
Status: in_force

22-4605. Commercial fisheries/aquaculture account. License fees and penalties collected under section 22-4604, Idaho Code, and any other moneys received by the department for research or other purposes related to commercial fisheries or aquaculture shall be deposited in the commercial fisheries/aquaculture account which is hereby created in the state treasury. Moneys in the account shall be used solely for carrying out the provisions of this chapter.

History:

[22-4605, added 1992, ch. 273, sec. 1, p. 846; am. 1994, ch. 363, sec. 4, p. 1139.]
Idaho Code § 22-3505 — Idaho Code / Title 22 / Chapter 35 / Section 22-3505
22-3505 QUALIFICATION OF DEALER AND PROCESSOR MEMBERS.
Status: in_force

22-3505. Qualification of dealer and processor members. Dealer and processor members of the commission shall be residents of the state of Idaho and be selected because of their ability and disposition to serve the state's interest and for knowledge of the state's natural resources. They shall be practical dealers or processors of dry peas or lentils and shall be citizens over twenty-five (25) years of age and who have been, either individually or as officers or employees of a corporation, firm, partnership, association, or other business having a place of business within the state of Idaho and actually engaged in the processing, selling, marketing or distributing of dry peas or lentils within the state of Idaho for a period of five (5) years and has during that period derived a substantial portion of its income therefrom.

History:

[22-3505, added 1965, ch. 106, sec. 5, p. 192.]
Idaho Code § 22-1702 — Idaho Code / Title 22 / Chapter 17 / Section 22-1702
22-1702 LEGISLATIVE INTENT.
Status: in_force

22-1702. LEGISLATIVE INTENT. It is the policy of this state to:

(1) Assume primary regulatory authority of industrial hemp as allowed by federal law;

(2) Allow production, processing, transportation, and research of industrial hemp in Idaho; and

(3) Require the director to submit a state plan to the secretary of agriculture as expeditiously as possible and, by a date certain, to allow the production of industrial hemp.

History:

[22-1702, added 2021, ch. 242, sec. 1, p. 736.]
Idaho Code § 22-206 — Idaho Code / Title 22 / Chapter 2 / Section 22-206
22-206 BUDGET OF FUNDS FOR COUNTY FAIR PURPOSES — TAXING UNIT UNDER IDAHO BUDGET LAW — MAINTENANCE OF IDLE PROPERTY.
Status: in_force

22-206. Budget of funds for county fair purposes — Taxing unit under Idaho Budget Law — Maintenance of idle property. For the purpose of determining what funds must be raised by taxes for county fair purposes, the county fair board shall meet on the first Monday of February of each year, or at such other time as may be provided by law for the preparation of budgets, and shall make a budget of the amounts required for fair purposes, including all salaries to be paid for the current year, and shall deduct therefrom the probable income from such fair or fairs to be conducted by the board during the current year and any balance remaining in its treasury, and shall then certify to the board of county commissioners the amount of said budget; and the amount to be raised by the county for fair purposes shall in no case be in excess of the difference between the total of said budget and the probable income of such fair and the balance on hand in the treasury. The board of county commissioners shall thereafter approve or make such amendments or modifications in the county fair budget as it deems proper, and include the same in its annual county budget. No levy for the purposes of this act shall exceed one hundredth percent (.01%) of the market value for assessment purposes on all taxable property in the county. When such taxes have been collected, the same shall be paid to the treasurer of the county fair board to be used for the purposes authorized by this act. Such special levy, together with any other special levy made pursuant to the provisions of section 31-823, Idaho Code, shall in no case exceed two hundredths percent (.02%) of the market value for assessment purposes on all taxable property in the county. Upon the creation and appointment of the fair board by the county commissioners, it hereby becomes a taxing unit under the provisions of the Idaho Budget Law and as such is empowered to issue tax anticipation notes or warrants as provided by law for maintaining, carrying on, conducting, payment of obligations, premiums, prizes and all other necessary expenses, incurred or to be incurred in conducting a fair. It may be the duty of the county commissioners of any county, where property for county fair purposes is located, to levy an amount sufficient to maintain and protect such fair grounds and property and to pay any deficit or indebtedness then accrued from previous fairs.

History:

[(22-206) 1929, ch. 208, sec. 6, p. 411; am. 1931, ch. 137, sec. 1, p. 234; I.C.A., sec. 22-206; am. 1933, ch. 85, sec. 1, p. 136; am. 1995, ch. 82, sec. 2, p. 220.]
Idaho Code § 22-4708 — Idaho Code / Title 22 / Chapter 47 / Section 22-4708
22-4708 CHAIRMAN AND ADMINISTRATOR OF COMMISSION.
Status: in_force

22-4708. Chairman and administrator of commission. The commission shall elect a chairman who is a commission member and may employ an administrator who is not a member of the commission, or may contract with another state agricultural commission or similar agency for the administration of the commission's business.

History:

[22-4708, added 1996, ch. 216, sec. 1, p. 706; am. 2007, ch. 60, sec. 7, p. 145.]
Idaho Code § 22-2734 — Idaho Code / Title 22 / Chapter 27 / Section 22-2734
22-2734 COST-SHARE FROM STATE SOIL AND WATER CONSERVATION COMMISSION GENERAL FUND — APPLICATION — APPROVAL.
Status: in_force

22-2734. Cost-share from state soil and water conservation commission general fund — Application — Approval. (1) Eligible applicants or participants may file an application with the local soil conservation district or the state soil and water conservation commission for a cost-share contract or project from the state soil and water conservation commission general fund for the purpose of financing agricultural, grazing or other conservation improvements, projects or implementation of the water quality program for agriculture. Such application shall be filed in such a manner and shall be in such form and be accompanied by such information as may be prescribed by the commission; provided however, any such application filed with the district or the commission under the provisions of this section shall:

(a) Describe the nature and purposes of the improvements and projects requiring cost-sharing;

(b) Set forth or be accompanied by a plan that identifies the conservation improvements or projects, together with such technical and economic feasibility data and estimated costs as may be required by the commission;

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

(d) Show the proposed project is feasible from a technical standpoint and is economically justified.

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

(3) The commission may approve a cost-share contract to an applicant or participant for conservation projects and improvements if, after review, evaluation and investigation, it finds that:

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

(b) The conservation improvement or project demonstrates public benefit;

(c) There is reasonable assurance that the applicant or participant will adhere to contract terms; and

(d) Money is available in the state soil and water conservation commission general fund for cost-share.

(4) Upon approval of the cost-share contract or cost-share grant, and securing of all necessary documents, the commission will make funding available.

History:

[22-2734, added 1999, ch. 137, sec. 7, p. 392; am. 2003, ch. 107, sec. 10, p. 345; am. 2010, ch. 279, sec. 17, p. 742.]
Idaho Code § 22-2022 — Idaho Code / Title 22 / Chapter 20 / Section 22-2022
22-2022 SEVERABILITY.
Status: in_force

22-2022. Severability. If any section, sentence, clause, phrase, or other portion of this chapter is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions thereof.

History:

[22-2022, added 2002, ch. 89, sec. 2, p. 224.]
Idaho Code § 22-3424 — Idaho Code / Title 22 / Chapter 34 / Section 22-3424
22-3424 REVIEW OF ACTION OF DIRECTOR.
Status: in_force

22-3424. Review of action of director. Any person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code. The review may be obtained by filing in the district court within thirty (30) days' notice of the action of the director, a written petition praying that such action be set aside. A copy of such petition shall forthwith be delivered to the director, and within thirty (30) days thereafter the director shall certify and file in the district court of the area affected a transcript of any record pertaining thereto, including a transcript of evidence received at any hearing of referendum. The district court shall give notice, by United States mail, to the director of the department of agriculture, and to the petitioner or petitioners, of the time and place at which the court will hear such petition, at which time any interested party may be heard. Upon completion of the hearing the court shall affirm, set aside or modify the action of the director, except that the findings of the director as to the facts, if supported by substantial evidence, shall be conclusive.

History:

[22-3424, added 1976, ch. 190, sec. 2, p. 705; am. 1996, ch. 22, sec. 17, p. 57; am. 2001, ch. 183, sec. 4, p. 615.]
Idaho Code § 22-3311 — Idaho Code / Title 22 / Chapter 33 / Section 22-3311
22-3311 BONDS OF AGENTS AND EMPLOYEES.
Status: in_force

22-3311. Bonds of agents and employees. The commission may require that the executive director, or any agent or employee appointed by the commission 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:

[22-3311, added 1959, ch. 6, sec. 11, p. 13; am. 1971, ch. 136, sec. 8, p. 522; am. 2000, ch. 99, sec. 2, p. 219; am. 2012, ch. 77, sec. 8, p. 225.]
Idaho Code § 22-1208 — Idaho Code / Title 22 / Chapter 12 / Section 22-1208
22-1208 COMMODITY FACTS AND BENEFITS — PROMOTION.
Status: in_force

22-1208. Commodity facts and benefits — Promotion. The commission is authorized and directed to disseminate information:

(a) Relating to potatoes and the importance thereof in preserving the public health, the economy thereof in the diet of the people and the importance thereof in the nutrition of children;

(b) Relating to the manner, method and means used and employed in the production, transportation, promotion and grading of potatoes and to laws of the state regulating and safeguarding such production, transportation, promotion and grading;

(c) Relating to the added cost to the producer and dealer in producing and handling potatoes to meet the high standards imposed by the state that insure a pure and wholesome product;

(d) Relating to the effect upon the public health which would result from a breakdown of the Idaho potato industry;

(e) Relating to the reasons why producers and dealers should receive a reasonable return on their labor and investment;

(f) Relating to the problem of furnishing the consumer at all times with an abundant supply of fine quality potatoes at reasonable prices;

(g) Relating to factors of instability peculiar to the vegetable industry in general, and the potato industry in particular, such as unbalanced production, effect of the weather, influence of consumer purchasing power and price relative to the cost of other items of food in the normal diet of people, all to the end that an intelligent and increasing consumer demand may be created;

(h) Relating to the possibilities of increased consumption of Idaho potatoes;

(i) Relating to such other, further and additional information as shall tend to promote increased consumption of Idaho potatoes, as may foster a better understanding and more efficient cooperation between producers, dealers and the consuming public;

(j) Relating to branding, labeling, stenciling, sealing or packaging to promote and use Idaho potatoes and to protect their identity as far as possible to the final consumer.

History:

[22-1208, added 1939, ch. 172, sec. 8, p. 312; am. 1969, ch. 213, sec. 6, p. 614; am. 2004, ch. 188, sec. 4, p. 585.]
Idaho Code § 22-2618 — Idaho Code / Title 22 / Chapter 26 / Section 22-2618
22-2618 PURCHASING BUSINESS OF OTHER ASSOCIATIONS, PERSONS, FIRMS OR CORPORATIONS — PAYMENT — STOCK ISSUED.
Status: in_force

22-2618. Purchasing business of other associations, persons, firms or corporations — Payment — Stock issued. Whenever an association organized hereunder with preferred capital stock, shall purchase the stock or any property, or any interest in any property of any person, firm, or corporation or association, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred capital stock to an amount which at par value would equal a fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.

History:

[(22-2618) 1921, ch. 124, sec. 18, p. 299; I.C.A., sec. 22-2018.]
Idaho Code § 22-2219 — Idaho Code / Title 22 / Chapter 22 / Section 22-2219
22-2219 REMEDIES FOR VIOLATION.
Status: in_force

22-2219. Remedies for violation. (1) A person convicted of violating this chapter or the rules adopted under this chapter or who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the director or a duly authorized agent from the performance of his 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 a commercial soil and plant amendment product, 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) A person who violates or fails to comply with this chapter or any rules adopted under 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 to the department for reasonable attorney's fees. The department may assess a civil penalty 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 under the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the director is unable to collect the penalty or if a person fails to pay all or a set portion of the civil penalty as determined by the department, the department may recover the amount in an action in the appropriate district court. A person against whom the director has assessed a civil penalty under 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 this 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) A prosecuting attorney to whom any violation is reported shall, without delay, cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction. Before the director reports a violation for prosecution by a prosecuting attorney, the director shall give the person charged with the violation an opportunity 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 adopter under this chapter notwithstanding the existence of other remedies of law. An injunction shall be issued without bond.

History:

[22-2219, added 2001, ch. 250, sec. 3, p. 913.]
Idaho Code § 22-1509 — Idaho Code / Title 22 / Chapter 15 / Section 22-1509
22-1509 LIABILITY OF REGENTS LIMITED.
Status: in_force

22-1509. Liability of regents limited. The regents of the university of Idaho shall not be financially responsible for debts incurred, damages inflicted, or contracts broken by the certifying agent in conducting certification work. The certifying agent shall be entitled to all the protections as provided in the tort claims act, chapter 9, title 6, Idaho Code.

History:

[(22-1509) 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 1993, ch. 69, sec. 4, p. 184.]
Idaho Code § 22-4719 — Idaho Code / Title 22 / Chapter 47 / Section 22-4719
22-4719 DELIVERY OF INVOICES TO SELLERS.
Status: in_force

22-4719. Delivery of invoices to sellers. (1) The purchaser, at the time of settlement, shall make and deliver separate invoices for each purchase to the seller.

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

(a) The name and address of the seller.

(b) The name and address of the purchaser.

(c) The number of pounds of oilseed sold.

(d) The date of purchase.

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

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

History:

[22-4719, added 1996, ch. 216, sec. 1, p. 709; am. 2007, ch. 60, sec. 13, p. 148.]
Idaho Code § 22-3503 — Idaho Code / Title 22 / Chapter 35 / Section 22-3503
22-3503 DEFINITIONS.
Status: in_force

22-3503. Definitions. As used in the act, unless the context requires otherwise:

(1) The term "peas and lentils" means dry peas, lentils, chickpeas and garbanzos grown in the state of Idaho except it does not include wrinkled varieties of peas grown for seed or chickpeas or garbanzos grown south of the Salmon River.

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

(3) "Commission" means the Idaho pea and lentil commission.

(4) "First purchaser" means any person, group, association, partnership, or corporation that buys peas or lentils from the grower in the first instance, or any lienholder, public or private, including the commodity credit corporation, who may possess peas or lentils from the grower under any lien.

(5) "Grower" means any landowner personally engaged in growing peas or lentils, a tenant of the landowner personally engaged in growing peas or lentils, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, sharecropper or any and all other business units, devices and arrangements, who has grown or marketed peas or lentils in either of the preceding two (2) years.

(6) "Sale" includes any pledge, mortgage, trade, or contract device, or delivery of peas or lentils for sale or payment after harvest to any person, public or private.

(7) "Deliver" means placing of peas or lentils into the primary channels of trade.

(8) "Dealer" means any person, group, association, partnership or corporation which acts as principal or agent or otherwise in selling, marketing, warehousing, or distributing dry peas or lentils not produced by such person, group, association, partnership or corporation.

(9) "Processor" means any person, group, association, partnership or corporation which acts as principal or agent or otherwise in processing dry peas or lentils not produced by such person, group, association, partnership or corporation.

History:

[22-3503, added 1965, ch. 106, sec. 3, p. 192; am. 1997, ch. 154, sec. 1, p. 436.]
Idaho Code § 22-501 — Idaho Code / Title 22 / Chapter 5 / Section 22-501
22-501 DEFINITIONS.
Status: in_force

22-501. Definitions. When used in this chapter:

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

(2) "Certified potatoes" means potatoes certified according to chapter 15, title 22, Idaho Code, the seed and plant certification act or a similar act of another state or country.

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

(4) "Distribute" means to offer for sale, sell, barter or otherwise supply potatoes or to supply, furnish or otherwise provide potatoes to a person.

(5) "Person" means any individual, partnership, corporation, firm, association or agent.

(6) "Potatoes" means potatoes (Solanum tuberosum) that may be sold for or used as seed potatoes.

History:

[22-501, added 1939, ch. 144, p. 261, no section number; am. 1996, ch. 215, sec. 1, p. 700; am. 2000, ch. 141, sec. 1, p. 369.]
Idaho Code § 22-912 — Idaho Code / Title 22 / Chapter 9 / Section 22-912
22-912 PENALTY FOR VIOLATIONS.
Status: in_force

22-912. Penalty for violations. Any person violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500 or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

History:

[22-912, added 1941, ch. 32, sec. 12, p. 72.]
Idaho Code § 22-703A — Idaho Code / Title 22 / Chapter 7 / Section 22-703A
22-703A RETAIL SALES OF ONIONS.
Status: in_force

22-703A. Retail sales of onions. (1) All onions sold to the consumer by retail stores in this state shall be graded, sized and marked in accordance with United States standards for grades of onions. Nothing in the provisions of this section shall prohibit the sale of bulk onions to the consumer in retail stores if such onions are clearly identified to the consumer as to grade, size and state of origin providing, however, that locally grown onions need not comply with the above standards if clearly marked UNGRADED.

(2) The department of agriculture may inspect all onions offered for sale in retail stores, and at all wholesale distributors or onion dealers selling or offering onions for sale to retail outlets. The purpose of the inspections shall be to ensure that onions offered for sale are properly identified as to grade and size and are within the standards established by the United States for grades of onions. Any inspectors appointed by the department may order the removal or regrading and remarking of any onions which are misbranded or mismarked or which no longer meet the required standards of the grade.

(3) The department of agriculture may promulgate rules and regulations, in accordance with chapter 52, title 67, Idaho Code, necessary to enforce the provisions of this section.

(4) The department shall be entitled to injunctive relief against any and all violators of the provisions of this section or of any rules and regulations promulgated pursuant to this section. The department may recover any and all damages of any character resulting from such violation or violations.

History:

[22-703A, added 1982, ch. 85, sec. 1, p. 158.]
Idaho Code § 22-2511 — Idaho Code / Title 22 / Chapter 25 / Section 22-2511
22-2511 RULES.
Status: in_force

22-2511. Rules. It is hereby made the duty of the department of agriculture to make reasonable rules as necessary for or as an aid to the effectuation of any provision of this chapter, and to prepare and cause to be printed suitable forms for the proper administration of this chapter.

History:

[(22-2511) 22-2538, added 1963, ch. 305, sec. 22, p. 795; am. and redesig. 2006, ch. 86, sec. 15, p. 255.]
Idaho Code § 22-4209 — Idaho Code / Title 22 / Chapter 42 / Section 22-4209
22-4209 LIABILITY OF STATE FOR COMMISSION.
Status: in_force

22-4209. Liability of state for commission. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof, or any officer, agent or employee thereof.

History:

[22-4209, added 1974, ch. 184, sec. 9, p. 1481.]
Idaho Code § 22-5403 — Idaho Code / Title 22 / Chapter 54 / Section 22-5403
22-5403 DEFINITIONS.
Status: in_force

22-5403. definitions. As used in this chapter:

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

(2) "Director" means the director of the Idaho state department of agriculture or the director's designee.

(3) "Facility" in this chapter also includes a "mixed-type facility" as defined in the produce safety rule.

(4) "Farm" has the same meaning as provided in the produce safety rule.

(5) "Produce safety rule" means the standards for growing, harvesting, packing and holding of produce for human consumption promulgated pursuant to the food and drug administration food, drug and cosmetic act.

History:

[22-5403, added 2018, ch. 216, sec. 2, p. 487.]
Idaho Code § 22-105 — Idaho Code / Title 22 / Chapter 1 / Section 22-105
22-105 AGRICULTURAL DEPARTMENT INSPECTION FUND — CONTINUING APPROPRIATION.
Status: in_force

22-105. Agricultural department inspection fund — Continuing appropriation. All moneys coming into the said agricultural department inspection fund from whatever source are hereby appropriated and set aside for the uses and purposes of the department of agriculture, including administrative expenses of the department, salaries and/or wages of the director and of subordinates and employees, expenses of travel, communication, supplies, equipment, fixed charges, inspection, and all other necessary expenses of the department of agriculture in carrying out its functions and the duties enjoined on it by law, not otherwise provided for, and this appropriation is intended as a continuing appropriation of said fund for the uses and purposes herein mentioned; and all claims against the said agricultural department inspection fund shall be examined by said department of agriculture and certified to the state controller, who shall, upon the approval of the board of examiners, draw his warrant against said agricultural department inspection fund for all bills and claims so allowed by said department of agriculture.

History:

[22-105, added 1974, ch. 18, sec. 2, p. 364; am. 1994, ch. 180, sec. 13, p. 429.]
Idaho Code § 22-3603 — Idaho Code / Title 22 / Chapter 36 / Section 22-3603
22-3603 DEFINITIONS.
Status: in_force

22-3603. Definitions. As used in this chapter, unless the context requires otherwise:

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

(2) "Grower" means any landowner personally engaged in growing apples, a tenant personally engaged in growing apples, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper, or any and all other business units, devices and arrangements, that grow apples.

(3) "Dealer" means any person, partnership, association, corporation, cooperative or other business units and devices who first handles, packs, ships, buys or sells apples, or who acts as sales or purchasing agent, broker or factor of apples.

(4) "Ship" means to load apples into any mode of conveyance for transport in the channels of trade or to market.

(5) "Processor" and "Processing Plant" means every person, partnership, association, corporation, cooperative or other business units and devices to whom and every place to which apples are delivered for drying, freezing, dehydrating, canning, pressing, powdering, extracting, cooking and for use in producing a product or manufacturing a manufactured article.

(6) "District No. 1" shall consist of the following counties: Canyon, Ada, Owyhee, Elmore, Camas, Blaine, Gooding, Lincoln, Minidoka, Jerome, Twin Falls, Cassia, Power, Oneida, Bannock, Franklin, Bear Lake, Caribou, Bonneville, Madison, Teton, Jefferson, Fremont, Butte, Clark and Bingham.

(7) "District No. 2" shall consist of the following counties: Gem, Boise, Valley, Custer, Lemhi, Payette, Washington, Adams, Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Shoshone, Kootenai, Bonner and Boundary.

(8) "Person" means any partnership, association, corporation, cooperative or other business units or devices.

History:

[22-3603, added 1966 (2nd E.S.), ch. 17, sec. 3, p. 39; am. 2016, ch. 93, sec. 2, p. 285.]
Idaho Code § 22-4203 — Idaho Code / Title 22 / Chapter 42 / Section 22-4203
22-4203 DEFINITIONS.
Status: in_force

22-4203. Definitions. Wherever used or referred to in this act, unless the context requires otherwise:

(1) "Commission" means the Idaho alfalfa and clover commission.

(2) "Grower" means any landowner personally engaged in growing alfalfa seed or clover seed, a tenant personally engaged in growing alfalfa seed or clover seed, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper or any and all other business units, devices and arrangements that grow alfalfa seed or clover seed.

(3) "Dealer" means any person, partnership, association, corporation, cooperative or other business unit or device that first handles, packs, ships, buys and sells alfalfa seed or clover seed, or who acts as sales or purchasing agent, broker or factor of alfalfa seed or clover seed.

(4) "Handled in the primary channels of trade" means the time when any alfalfa seed or clover seed is delivered under a sales contract, sold, or delivered for shipment and sale.

(5) "Ship" means to load alfalfa seed or clover seed into any mode of conveyance for transport in the channels of trade or to market.

(6) "Processor" and "processing plant" mean every person, partnership, association, corporation, cooperative or other business unit or device to whom and every place to which alfalfa seed or clover seed is delivered for cleaning, packing and blending.

History:

[22-4203, added 1974, ch. 184, sec. 3, p. 1481; am. 2000, ch. 201, sec. 4, p. 498; am. 2006, ch. 365, sec. 1, p. 1103.]
Idaho Code § 22-5128 — Idaho Code / Title 22 / Chapter 51 / Section 22-5128
22-5128 PAYMENT FROM FUND — DEBT OF SEED BUYER OR SURETY — REIMBURSEMENT — ACCRUAL OF CAUSE OF ACTION.
Status: in_force

22-5128. Payment from fund — Debt of seed buyer or surety — Reimbursement — Accrual of cause of action. Amounts paid from the seed indemnity fund in satisfaction of any approved claims shall constitute a debt and obligation of the seed buyer against whom the claim was made and its surety. The director may bring suit on behalf of the seed indemnity fund and in the name of any claimant paid from the fund in district court of Ada county to recover from the seed buyer and its surety the amount of the payment made from the seed indemnity fund, together with costs and attorney's fees incurred in maintaining the suit. In the event the department initiates an action against a seed buyer or surety, the department's claim is deemed to accrue and relate back to the time that each producer who received a seed indemnity fund payment incurred a loss with the seed buyer. Any recovery for reimbursement of the fund shall bear interest at the statutory rate from the date of failure.

History:

[22-5128, added 2002, ch. 256, sec. 1, p. 746.]
Idaho Code § 22-303 — Idaho Code / Title 22 / Chapter 3 / Section 22-303
22-303 ORDER CREATING DISTRICT — SUBDIVISIONS OF DISTRICT — BOARD OF DIRECTORS.
Status: in_force

22-303. Order creating district — Subdivisions of district — Board of directors. The respective boards shall meet at the time and place fixed, and the petitions of each county shall be duly considered and canvassed, and if all, or at least three (3) of them, are found in due order and signed by the requisite number of voters, the said commissioners shall jointly make an order creating the proposed district out of the counties in which the petitioners are found to be sufficient and shall give it a name, and at the same time subdivide the district into as many subdivisions as the commissioners deem necessary, numbering them. The said boards shall at the same time select a board of directors, one (1) from each subdivision, each of whom must reside within the subdivision he represents. Each director shall hold office for the term of four (4) years. Every four (4) years thereafter the board of county commissioners of the counties comprising the fair district shall select a board of directors. In case of a vacancy caused by death, resignation, or otherwise, said vacancy shall be filled for the unexpired term by the board of county commissioners of the county in which the vacancy occurs.

History:

[(22-303) 1925, ch. 131, sec. 3, p. 185; I.C.A., sec. 22-303; am. 1996, ch. 48, sec. 1, p. 141.]
Idaho Code § 22-3501 — Idaho Code / Title 22 / Chapter 35 / Section 22-3501
22-3501 DECLARATION OF POLICY.
Status: in_force

22-3501. 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 welfare and well-being of the people of this state by providing means for the development of markets, production research, new product development and promotion of dry peas and lentils grown in Idaho.

History:

[22-3501, added 1965, ch. 106, sec. 1, p. 192.]
Idaho Code § 22-2801 — Idaho Code / Title 22 / Chapter 28 / Section 22-2801
22-2801 SHORT TITLE.
Status: in_force

22-2801. Short title. This act may be known as the Honey Industry Act.

History:

[22-2801, added 1949, ch. 147, sec. 1, p. 301.]
Idaho Code § 22-2303 — Idaho Code / Title 22 / Chapter 23 / Section 22-2303
22-2303 DUTIES OF THE DEPARTMENT.
Status: in_force

22-2303. Duties of the department. The department is authorized to:

(1) Inspect the nursery or florist stock of growers, dealers, and other persons and places of business provided for under sections 22-2301 through 22-2325, Idaho Code.

(2) Issue certificates and permits and check the license and licensing of persons affected by the provisions of sections 22-2302 and 22-2315, Idaho Code.

(3) Investigate violations of the provisions of sections 22-2301 through 22-2325, Idaho Code.

(4) Publish annually a list of all licensed nurseries, florists and agents. The annual list shall be distributed to the agricultural regulatory authority of each state and upon request to any licensed nurseries and florists within the state.

(5) Issue rules prescribing approved procedures and services as needed for the protection of the industry and to assure access to domestic and foreign markets.

History:

[(22-2303) added 1984, ch. 231, sec. 2, p. 554; am. and redesig. 1998, ch. 89, sec. 3, p. 307.]
Idaho Code § 22-5117 — Idaho Code / Title 22 / Chapter 51 / Section 22-5117
22-5117 LICENSE DENIAL.
Status: in_force

22-5117. License denial. (1) Any seed buyer against whose bond a claim has been ordered collected or has actually been collected shall not be licensed by the department for a period of three (3) years from the date of such order or collection. License denial may be waived if the person can show, to the satisfaction of the director, that full settlement of all claims against the bond have been made. Full settlement does not include seed indemnity fund settlements. A change in a person's business name shall not absolve any unsettled claim against that person's prior bond.

(2) The director may deny the issuance or renewal of a license to an applicant after a public hearing and based on the following criteria:

(a) The applicant failed or refused to make prior claimants whole due to a previous failure;

(b) The applicant misrepresented material facts in the application for a license;

(c) The industry required to pay into the seed indemnity fund presents relevant objections; or

(d) Any material fact provided by a seed producer that demonstrates license denial would serve the best interest of the public.

(3) Any person adversely affected by the director's final determination may secure judicial review as prescribed under the provisions of chapter 52, title 67, Idaho Code.

History:

[22-5117, added 2002, ch. 256, sec. 1, p. 743; am. 2018, ch. 153, sec. 1, p. 311.]
Idaho Code § 22-4501 — Idaho Code / Title 22 / Chapter 45 / Section 22-4501
22-4501 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

22-4501. Legislative findings and intent. The legislature finds that agricultural activities conducted on farmland in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from agricultural uses, and in some cases prohibit investments in agricultural improvements. It is the intent of the legislature to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance. The legislature also finds that the right to farm is a natural right and is recognized as a permitted use throughout the state of Idaho.

History:

[22-4501, added 1981, ch. 177, sec. 1, p. 311.]
Idaho Code § 22-1914 — Idaho Code / Title 22 / Chapter 19 / Section 22-1914
22-1914 COOPERATIVE AGREEMENTS.
Status: in_force

22-1914. Cooperative agreements. (1) The department may enter into cooperative agreements with persons and entities including, but not limited to, civic groups and governmental agencies, to adopt and execute plans to detect and control areas infested with invasive species. Such cooperative agreements may include provisions for funding to implement agreements.

(2) If an invasive species occurs and cannot be adequately controlled by individual persons, owners, tenants 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.

(3) The department shall have the authority to delegate selected and clearly identified elements of its authorities and duties to another agency of the state with appropriate expertise or administrative capacity upon mutual agreement with that agency. The department is authorized to enter into memoranda of agreement with other state agencies to implement the delegations authorized in this subsection. Such delegation may include provisions of funding for implementation of the delegations. The department shall retain primary authority and responsibility for all requirements of this chapter unless otherwise directed herein.

History:

[22-1914, added 2008, ch. 387, sec. 1, p. 1066.]
Idaho Code § 22-1904 — Idaho Code / Title 22 / Chapter 19 / Section 22-1904
22-1904 DEFINITIONS.
Status: in_force

22-1904. Definitions. Unless otherwise noted in this chapter the definitions as set forth in section 22-2005, Idaho Code, are adopted by reference.

(1) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that may carry or contain an invasive species or plant pest. A conveyance includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal watercraft, a trailer or any other means or method of transportation. "Conveyance" also includes a live well or a bilge area of a watercraft, retail or wholesale products, or water known to carry or have a reasonable possibility of carrying invasive species.

(2) "Environmental harm" means to cause significant adverse effects on uses of natural resources or on plants or animals.

(3) "Invasive species" means species not native to Idaho, including their seeds, eggs, spores, larvae or other biological material capable of propagation, that cause economic or environmental harm and are capable of spreading in the state. "Invasive species" does not include crops, improved forage grasses, domestic livestock, or other beneficial nonnative organisms.

History:

[22-1904, added 2008, ch. 387, sec. 1, p. 1063; am. 2010, ch. 342, sec. 1, p. 898; am. 2024, ch. 122, sec. 1, p. 508.]
Idaho Code § 22-5401 — Idaho Code / Title 22 / Chapter 54 / Section 22-5401
22-5401 TITLE.
Status: in_force

22-5401. TITLE. This chapter shall be known and may be cited as the "Idaho Produce Safety Law."

History:

[22-5401, added 2018, ch. 216, sec. 2, p. 487.]