Idaho Code § 22-5104 — Idaho Code / Title 22 / Chapter 51 / Section 22-5104
22-5104 BONDS — IRREVOCABLE LETTERS OF CREDIT — CERTIFICATES OF DEPOSIT — SINGLE BOND.
Status: in_force

22-5104. Bonds — Irrevocable letters of credit — Certificates of deposit — Single bond. Every person applying for a license shall execute and file with the department a good and sufficient bond issued by an insurer authorized to transact such insurance in this state. The bond shall be in favor of the seed indemnity fund to secure the faithful performance of the applicant's obligations under this chapter, and of such additional unpaid obligations assumed under agreements with producers of seed crops transferred to or deposited with the applicant. Said bond shall be in such form and amount, shall have such surety or sureties, and shall contain such terms and conditions as the department may prescribe to carry out the purposes of this chapter. Whenever the department determines that a previously approved bond is insufficient, it may require an additional bond or bonds conforming with the requirements of this chapter. Unless the additional bond is given within the time fixed by a written demand therefor, the license may be suspended or revoked.

At the discretion of the director, any person required to submit a bond to the department may give to the department an irrevocable letter of credit or certificate of deposit payable to the seed indemnity fund in lieu of the bond required herein. A certificate of deposit shall be submitted with an audited or reviewed financial statement prepared in accordance with the rules of the department by an independent Idaho certified public accountant or Idaho licensed public accountant. The principal amount of the letter of credit or certificate of deposit shall be the same as that required for a surety bond pursuant to this chapter. The letter of credit or certificate of deposit shall remain on file with the department until it is released, canceled or discharged by the director or until the director is notified ninety (90) days in advance, by registered or certified mail, return receipt requested, that the letter of credit or certificate of deposit is renewed, canceled or amended. Failure to notify the director may result in the suspension or revocation of the seed buyer license. The provisions of this chapter that apply to a bond apply to each letter of credit or certificate of deposit given in lieu of such bond. Under the provisions of this chapter, an irrevocable letter of credit or certificate of deposit shall not be accepted unless it is issued by a national bank or federal thrift institution in Idaho or by a state-chartered bank or thrift institution authorized to conduct business in Idaho and insured by the federal deposit insurance corporation.

If a seed buyer is also licensed pursuant to either chapter 2 or 5, title 69, Idaho Code, that seed buyer may obtain a single bond, certificate of deposit or irrevocable letter of credit as surety for both chapter 51, title 22, Idaho Code, and chapter 2 or 5, title 69, Idaho Code. The bond, certificate of deposit or irrevocable letter of credit shall be made out in favor of the commodity indemnity fund and the seed indemnity fund. In the event a seed buyer fails as defined in section 22-5102(6), Idaho Code, and a single bond, certificate of deposit or irrevocable letter of credit is written in favor of the commodity indemnity fund and seed indemnity fund, the proceeds of the bond, certificate of deposit or irrevocable letter of credit will be allocated based on the dollar amount of the verified claims approved pursuant to chapter 51, title 22, Idaho Code, and chapter 2, title 69, Idaho Code.

History:

[22-5104, added 2002, ch. 256, sec. 1, p. 739; am. 2003, ch. 151, sec. 1, p. 434; am. 2010, ch. 100, sec. 3, p. 195.]
Idaho Code § 22-113 — Idaho Code / Title 22 / Chapter 1 / Section 22-113
22-113 UNITED STATES FOOD AND DRUG ADMINISTRATION FOOD SAFETY MODERNIZATION ACT — REGULATIONS FOR HUMAN FOOD PROCESSING.
Status: in_force

22-113. united states food and drug administration food safety modernization act — regulations for human food processing. The Idaho legislature hereby directs that the Idaho state department of agriculture shall be the contracting agency for inspections in the state of Idaho that are contracted by the United States food and drug administration for the inspection of nonretail activities subject to registration under section 415 of the federal food, drug and cosmetic act. Any existing contracts and contracting authority shall transition to the Idaho state department of agriculture by September 29, 2021. Processors conducting nonretail activities and not subject to registration under section 415 of the federal food, drug and cosmetic act shall not be subject to regulation by the Idaho state department of agriculture pursuant to the provisions of this section. Prior to the Idaho state department of agriculture engaging in the regulation of any activities pursuant to the provisions of this section, the Idaho state department of agriculture shall conduct negotiated rulemaking to provide for the implementation of such regulation.

History:

[22-113, added 2016, ch. 172, sec. 1, p. 474; am. 2018, ch. 216, sec. 1, p. 486; am. 2019, ch. 27, sec. 1, p. 76; am. 2025, ch. 47, sec. 3, p. 223.]
Idaho Code § 22-2023 — Idaho Code / Title 22 / Chapter 20 / Section 22-2023
22-2023 NO EFFECT ON EXISTING LIABILITY.
Status: in_force

22-2023. 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:

[22-2023, added 2002, ch. 89, sec. 2, p. 224.]
Idaho Code § 22-3412 — Idaho Code / Title 22 / Chapter 34 / Section 22-3412
22-3412 DELEGATION OF DUTIES.
Status: in_force

22-3412. Delegation of duties. All authority vested in the director by virtue of the provisions of this act may with like force and effect be executed by designated employees of the department of agriculture as the director may from time to time designate for said purpose.

History:

[22-3412, added 1976, ch. 190, sec. 2, p. 700.]
Idaho Code § 22-3707 — Idaho Code / Title 22 / Chapter 37 / Section 22-3707
22-3707 DEPOSIT AND DISBURSEMENT OF FUNDS.
Status: in_force

22-3707. 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, 1990, 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:

[22-3707, added 1989, ch. 110, sec. 2, p. 252; am. 1993, ch. 327, sec. 10, p. 1202; am. 1994, ch. 180, sec. 31, p. 445; am. 1996, ch. 159, sec. 11, p. 514; am. 2003, ch. 32, sec. 11, p. 124.]
Idaho Code § 22-2727 — Idaho Code / Title 22 / Chapter 27 / Section 22-2727
22-2727 ALLOCATION OF FUNDS TO DISTRICTS.
Status: in_force

22-2727. Allocation of funds to districts. (1) A public hearing shall be held by the state soil and water conservation commission on or before June 15 of each year and twenty (20) days' written notice of such hearing shall be given to each soil conservation district and to all other persons requesting notice of such hearing. At the hearing the state soil and water conservation commission shall consider the needs of each soil conservation district and shall base its request for state funds for the soil conservation districts upon the budgets, budget requests, district programs and work plans, and work load analysis of the various soil conservation districts.

(2) All funds appropriated by the state for the various soil conservation districts shall be appropriated to the Idaho state soil and water conservation commission and shall be allocated by the commission equally to the various soil conservation districts on the basis of the criteria established in subsection (1) of this section.

(3) Funds appropriated to the state soil and water conservation commission for distribution to soil conservation districts shall be allocated by the commission equally to the various soil conservation districts in a sum not to exceed eight thousand five hundred dollars ($8,500) per district. All funds appropriated to the state soil and water conservation commission for distribution to soil conservation districts in excess of eight thousand five hundred dollars ($8,500) per district shall be allocated by the commission to the various soil conservation districts in a sum not to exceed twice the amount of funds or services allocated to each district by the county commissioners in the previous fiscal year and funds or services allocated to each district by authorized officials or other local units of government or organizations in the previous fiscal year, provided that any such allocation by the commission shall not exceed fifty thousand dollars ($50,000) to any one (1) district in a fiscal year.

(4) The state soil and water conservation commission shall adopt rules necessary to carry out the purposes of this section.

History:

[I.C., sec. 22-2727, as added by 1969, ch. 217, sec. 2, p. 711; am. 1984, ch. 16, sec. 2, p. 19; am. 1990, ch. 358, sec. 2, p. 967; am. 1991, ch. 80, sec. 1, p. 181; am. 2010, ch. 279, sec. 12, p. 739.]
Idaho Code § 22-3710 — Idaho Code / Title 22 / Chapter 37 / Section 22-3710
22-3710 ASSESSMENT.
Status: in_force

22-3710. Assessment. There is hereby levied upon all cherries grown annually in this state and all cherries packed as Idaho cherries an assessment of twenty dollars ($20.00) a ton. Provided, however, this section shall not apply to cherries shipped to a processing plant for processing, nor shall it apply to any person, dealer or grower who sells less than one thousand (1000) pounds of cherries in any marketing year. Provided, however, the exemption for shipment or sales to a processing plant for processing may be eliminated by a referendum mail ballot vote conducted by the commission among the cherry growers of this state, and provided further, the vote is approved by a two-thirds (2/3) vote of the growers of fifty percent (50%) or more of the acreage represented in the voting. All moneys collected hereunder shall be expended to effectuate the purposes and object of this act.

History:

[22-3710, added 1967, ch. 70, sec. 10, p. 157; am. 1998, ch. 122, sec. 2, p. 455.]
Idaho Code § 22-106 — Idaho Code / Title 22 / Chapter 1 / Section 22-106
22-106 INJUNCTION.
Status: in_force

22-106. Injunction. In addition to the other remedies, criminal or civil, provided by law, the department of agriculture may apply to the district courts for, and the district courts are vested with, civil jurisdiction to enforce, prevent, restrain or enjoin violations of any provision of a law or regulation made pursuant thereto under the jurisdiction of the department of agriculture.

History:

[22-106, added 1974, ch. 18, sec. 2, p. 364.]
Idaho Code § 22-4707 — Idaho Code / Title 22 / Chapter 47 / Section 22-4707
22-4707 COMPENSATION OF MEMBERS.
Status: in_force

22-4707. Compensation of members. Members of the commission shall be compensated as provided in section 59-509(h), Idaho Code.

History:

[22-4707, added 1996, ch. 216, sec. 1, p. 706.]
Idaho Code § 22-3411 — Idaho Code / Title 22 / Chapter 34 / Section 22-3411
22-3411 CHANGE OF ADDRESS OR PLACE OF BUSINESS.
Status: in_force

22-3411. Change of address or place of business. Any person who has been issued a license or permit under the provisions of this act shall immediately notify the department in writing when he changes his address or place of business.

History:

[22-3411, added 1976, ch. 190, sec. 2, p. 700; am. 1996, ch. 22, sec. 9, p. 54.]
Idaho Code § 22-2019 — Idaho Code / Title 22 / Chapter 20 / Section 22-2019
22-2019 INFESTATIONS — CONTROL AND ERADICATION COSTS — DEFICIENCY WARRANTS — COOPERATION WITH OTHER ENTITIES AND CITIZENS.
Status: in_force

22-2019. Infestations — Control and eradication costs — Deficiency warrants — Cooperation with other entities and citizens. Whenever the director determines that there exists the threat of an infestation of grasshoppers, crickets or exotic plant pests on state-owned land, private, range or agricultural land, and that the infestation is of such a character as to be a menace to state, private, range or agricultural land, the director shall cause the infestation to be controlled and eradicated, using such funds as have been appropriated or may hereafter be made available for such purposes. Provided however, that whenever the cost of control and eradication exceeds the funds appropriated or otherwise available for that purpose, the state board of examiners may authorize the issuance of deficiency warrants against the general fund for up to five million dollars ($5,000,000) in any one (1) year for such control and eradication. Control and eradication costs may include, but are not limited to, costs for survey, detection, inspection, diagnosis, treatment, and disposal of infected or infested plants and plant materials, cleaning and disinfecting of infected premises and indemnity paid to owners for infected or infested plants and plant materials destroyed by order of the director. The director, in executing the provisions of this chapter insofar as it relates to control and eradication, shall have the authority to cooperate with federal, state, county and municipal agencies and private citizens in control and eradication efforts; provided, that in the case of joint federal/state programs the state funds shall only be used to pay the state's share of the cost of the control and eradication efforts. Such moneys as the state shall thus become liable for shall be paid as a part of the expenses of the department of agriculture out of appropriations which shall be made by the legislature for that purpose from the general fund of the state. In all appropriations hereafter made for expenses of the department of agriculture, account shall be taken of and provision made for this item of expense.

History:

[22-2019, added 2006, ch. 197, sec. 3, p. 612.]
Idaho Code § 22-4904 — Idaho Code / Title 22 / Chapter 49 / Section 22-4904
22-4904 DEFINITIONS.
Status: in_force

22-4904. Definitions. When used in this chapter:

(1) "Administrator" means the administrator, or his designee, for the animal industries division of the Idaho department of agriculture.

(2) "Beef cattle" means slaughter and feeder cattle or dairy heifers that are kept on or contiguous to the animal feeding operation and are owned or controlled by the animal feeding operation.

(3) "Beef cattle animal feeding operation" means an animal feeding operation which confines the number of slaughter and feeder cattle or dairy heifers as set forth in 40 CFR 122.23(b)(1), (b)(2), (b)(4), (b)(6) or (b)(9).

(4) "Best management practices" means practices, techniques or measures which are determined to be reasonable precautions, are a cost-effective and practicable means of preventing or reducing pollutants from point sources or nonpoint sources to a level compatible with environmental goals, including water quality goals and standards for waters of the state. Best management practices for water quality shall be adopted pursuant to the state water quality management plan, the Idaho ground water quality plan or this chapter.

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

(6) "Director" means the director of the Idaho department of agriculture or his designee.

(7) "Manure" means animal excrement that may also contain bedding, spilled feed, water or soil.

(8) "Modification" or "modified" means structural changes and alterations to the wastewater storage containment facility which would require increased storage or containment capacity or such changes which would alter the function of the wastewater storage containment facility.

(9) "Noncompliance" means a practice or condition that causes an unauthorized discharge, or a practice or condition, that if left uncorrected, will cause an unauthorized discharge.

(10) "National pollutant discharge elimination system (NPDES)" means the point source permitting program established pursuant to section 402 of the federal clean water act.

(11) "Nutrient management plan" means a plan prepared in conformance with the nutrient management standard, provisions required by 40 CFR 122.42(e)(1), or other equally protective standard for managing the amount, placement, form and timing of the land application of nutrients and soil amendments.

(12) "Nutrient management standard" means the 1999 publication by the United States department of agriculture, natural resources conservation service, conservation practice standard, nutrient management code 590 or other equally protective standard approved by the director.

(13) "Person" means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity, which is recognized by law as the subject of rights and duties.

(14) "Process wastewater" means liquid containing beef cattle manure, process-generated wastewater and any precipitation which comes into direct contact with livestock manure and facility products or byproducts.

(15) "Unauthorized discharge" means a discharge of process wastewater or livestock manure to state surface waters that does not meet the requirements of this chapter or water quality standards.

(16) "Wastewater storage and containment facilities" means the portion of an animal feeding operation where manure or process wastewater is stored or collected. This may include corrals, feeding areas, waste collection systems, waste conveyance systems, waste storage ponds, waste treatment lagoons and evaporative ponds.

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

History:

[22-4904, added 2000, ch. 63, sec. 1, p. 140; am. 2004, ch. 187, sec. 3, p. 580; am. 2016, ch. 129, sec. 3, p. 377.]
Idaho Code § 22-3105A — Idaho Code / Title 22 / Chapter 31 / Section 22-3105A
22-3105A PROMOTION OF BEER MADE WITH IDAHO-GROWN HOPS.
Status: in_force

22-3105A. promotion of beer made with Idaho-grown hops. (1) In addition to the powers and duties set forth in section 22-3105, Idaho Code, the commission shall have but is not limited to the following powers to promote beer made with Idaho-grown hops:

(a) To host, sponsor, or participate in activities and events dispensing or serving beer made with Idaho-grown hops to retailers, distributors, importers, evaluators, judges, and members of the public. The commission may charge an admission charge to an activity or event;

(b) To host, sponsor, or participate in activities and events promoting new markets for beer made with Idaho-grown hops, publicizing reliable information showing the value of beer made with Idaho-grown hops, or promoting research or education benefiting beer made with Idaho-grown hops by Idaho producers and growers. The commission may charge an admission charge to an activity or event;

(c) To solicit and receive donations of beer made with Idaho-grown hops for the purpose of promoting beer made with Idaho-grown hops;

(d) To purchase beer made with Idaho-grown hops for the purpose of promoting beer made with Idaho-grown hops;

(e) To donate beer made with Idaho-grown hops to activities, events, trade groups, and other individuals and entities for the purpose of promoting beer made with Idaho-grown hops; and

(f) To donate beer made with Idaho-grown hops to persons or associations for benevolent, charitable, or public purposes, subject to the provisions of section 23-1007A, Idaho Code.

(2) Notwithstanding any other provision of law, including but not limited to chapter 10, title 23, Idaho Code, the following shall apply to the commission's activities under this section:

(a) The commission and the property owner, lessee, and operator shall not be required to hold or obtain any license, permit, or registration or to provide any notification to a public official to enable the commission, commission members, volunteers authorized by the commission, and commission employees to engage in the activities authorized by this section.

(b) The activities of the commission, commission members, volunteers authorized by the commission, and commission employees authorized by this section include but are not limited to dispensing or serving samples of beer on premises not licensed for the sale of beer by the drink.

(3) In the performance of activities authorized by this section, the commission shall observe the following limitations:

(a) The commission shall not receive any payment for the beer made with Idaho-grown hops it serves, dispenses, or donates under this section. The receipt of an admission charge to an activity or event is not the receipt of payment by the commission for beer made with Idaho-grown hops for the purposes of this section.

(b) Individuals not serving as commission members or acting as volunteers authorized by the commission or who are not commission employees are not authorized by this section to serve or dispense beer made with Idaho-grown hops. Nothing in this section shall prohibit an individual who is otherwise authorized by law to serve or dispense beer made with Idaho-grown hops from serving or dispensing such beer made with Idaho-grown hops.

(c) Where the commission dispenses or serves beer, the persons dispensing or serving beer and the recipients of the beer dispensed or served must be of legal drinking age.

History:

[22-3105A, added 2022, ch. 89, sec. 1, p. 253.]
Idaho Code § 22-2312 — Idaho Code / Title 22 / Chapter 23 / Section 22-2312
22-2312 WHOLESALE SALES.
Status: in_force

22-2312. Wholesale sales. No licensed nursery or florist may make wholesale sales of plant material for resale to an unlicensed nursery, florist, or landscape contractor.

History:

[22-2312, added 1998, ch. 89, sec. 12, p. 311.]
Idaho Code § 22-2625 — Idaho Code / Title 22 / Chapter 26 / Section 22-2625
22-2625 SEPARABILITY.
Status: in_force

22-2625. Separability. If any section of this chapter shall be declared unconstitutional for any reason, the remainder of the chapter shall not be affected thereby.

History:

[(22-2625) 1921, ch. 124, sec. 25, p. 298; I.C.A., sec. 22-2025.]
Idaho Code § 22-5306 — Idaho Code / Title 22 / Chapter 53 / Section 22-5306
22-5306 WOLF CONTROL ASSESSMENTS — USE OF FUNDS — FISH AND GAME FUND TRANSFER.
Status: in_force

22-5306. wolf control assessments — use of funds — fish and game fund transfer. In order to carry out the provisions of this chapter, the following shall occur:

(1) Wolf control assessments collected from the livestock industry, by and through the state brand inspector and the Idaho sheep and goat health board, shall be combined for purposes of deposit into the livestock subaccount of the wolf control fund and, beginning in fiscal year 2015, shall total one hundred ten thousand dollars ($110,000) annually for each fiscal year.

(a) The state brand inspector shall assess, levy and collect, as set forth in section 25-1145, Idaho Code, wolf control assessments in an amount sufficient to fund, in combination with Idaho sheep and goat health board assessments, the livestock subaccount of the wolf control fund as provided in subsection (1) of this section.

(b) The Idaho sheep and goat health board shall assess, levy and collect, as set forth in section 25-131, Idaho Code, wolf control assessments in an amount sufficient to fund, in combination with state brand inspector assessments, the livestock subaccount of the wolf control fund as provided in subsection (1) of this section.

(2) The wolf depredation control board shall use all funds in the wolf control fund, with the exception of moneys transferred from the fish and game fund as provided for in subsections (3), (4) and (5) of this section unless so directed by the fish and game commission pursuant to subsection (3) of this section, for all activities associated with legal lethal means of control and for the purposes of sections 22-5302 and 22-5304(4), Idaho Code.

(3) Beginning in fiscal year 2022, the state controller shall annually, as soon after July 1 of each year as practical, transfer three hundred thousand dollars ($300,000) from the fish and game fund to the fish and game fund transfer subaccount of the wolf control fund. The fish and game commission, on or before July 1 of each year, is authorized to direct the wolf depredation control board as to the use of such funds and the wolf depredation control board shall comply with the direction of the commission.

(4) In no event shall the wolf control assessments deposited into the livestock subaccount exceed one hundred ten thousand dollars ($110,000).

(5) Notwithstanding any other provision of this chapter, in the event the total wolf control assessments collected from the livestock industry in any fiscal year are less than one hundred ten thousand dollars ($110,000), and available moneys in the secondary fund are insufficient to bring the total to one hundred ten thousand dollars ($110,000), the livestock industry shall only be required to deposit the moneys so collected and available from the secondary fund into the livestock subaccount of the wolf control fund, and the state controller shall transfer the full amount transferred from the fish and game fund to the fish and game fund transfer subaccount of the wolf control fund.

History:

[22-5306, added 2014, ch. 188, sec. 2, p. 502; am. 2021, ch. 307, sec. 2, p. 915.]
Idaho Code § 22-2006 — Idaho Code / Title 22 / Chapter 20 / Section 22-2006
22-2006 PROMULGATION OF RULES — COLLECTION AND DEPOSIT OF FEES AND PENALTIES.
Status: in_force

22-2006. Promulgation of rules — Collection and deposit of fees and penalties. (1) The director is hereby authorized to promulgate rules:

(a) Necessary for the efficient enforcement of the provisions of this chapter including, but not limited to: setting of quarantine boundaries, requirements for importing and exporting plant materials, planting, testing, sampling, inspection, certification, compliance verification procedures, recordkeeping procedures, and setting of a schedule of fees for services performed by the department in the administration of this chapter.

(b) To implement and carry out the purposes of this chapter to control and prevent the spread of plant pests within the state and from within the state to points outside the state.

(c) To regulate nonquarantine species, exempt species and federally quarantined species.

(2) All revenues from fees and penalties collected as authorized under this chapter shall be deposited to the agricultural department inspection fund created pursuant to section 22-105, Idaho Code.

History:

[22-2006, added 2002, ch. 89, sec. 2, p. 216.]
Idaho Code § 22-2306 — Idaho Code / Title 22 / Chapter 23 / Section 22-2306
22-2306 TEMPORARY NURSERY OR FLORIST SALE LICENSE OR LOCATION — APPLICATION FEE — CONDITION.
Status: in_force

22-2306. Temporary nursery or florist sale license or location — Application fee — Condition. (1) Upon payment of a fee of twenty-five dollars ($25.00), a temporary nursery or florist sale license may be issued by the department for holding of a nursery stock sale conducted by or for the benefit of a duly registered nonprofit organization where such sale does not exceed seven (7) consecutive days in any calendar year.

(2) Application for a temporary nursery or florist license shall be made on a form furnished by the department, and shall be accompanied by the license fee as required for each sale.

(3) The department may prescribe the conditions of such temporary nursery and florist sale license, which conditions shall be stated in the license. Any such license may be revoked or suspended by the department for violation of any of the conditions stated therein.

(4) A licensed nursery or florist with a previously established place of business may conduct business from a temporary location, provided the location is not utilized for more than six (6) weeks in any calendar year.

History:

[(22-2306) added 1984, ch. 231, sec. 2, p. 556; am. and redesig. 1998, ch. 89, sec. 6, p. 309.]
Idaho Code § 22-2621 — Idaho Code / Title 22 / Chapter 26 / Section 22-2621
22-2621 INTEREST IN OTHER CORPORATIONS OR ASSOCIATIONS.
Status: in_force

22-2621. Interest in other corporations or associations. An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock, and engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling of the agricultural products handled by the association, or the by-products thereof. If such corporations are warehousing corporations, they may issue legal warehouse receipts to the association or to any other person and such legal warehouse receipts shall be considered as adequate collateral to the extent of the current value of the commodity represented thereby. In case such warehouse is licensed and bonded under the laws of this state or the United States, its warehouse receipt shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.

History:

[(22-2621) 1921, ch. 124, sec. 21, p. 298; I.C.A., sec. 22-2021.]
Idaho Code § 22-1905 — Idaho Code / Title 22 / Chapter 19 / Section 22-1905
22-1905 PROHIBITED ACTIONS.
Status: in_force

22-1905. Prohibited actions. No person may import, export, purchase, sell, barter, distribute, propagate, transport or introduce an invasive species into or within the state of Idaho and no person may possess an invasive species, except:

(1) Under a permit issued by the director;

(2) When being transported to an appropriate state authority, or another destination as such authority may direct, in a sealed container for purposes of identifying the species or reporting the presence of the species;

(3) When being transported for disposal as part of an approved control activity under a permit issued pursuant to section 22-1906, Idaho Code;

(4) When the specimen has been lawfully acquired dead and, in the case of plant species, all seeds are removed or are otherwise rendered nonviable;

(5) In the form of herbaria or other preserved specimens, so long as such specimens are rendered nonviable; or

(6) As the director may otherwise prescribe by rule.

History:

[22-1905, added 2008, ch. 387, sec. 1, p. 1063.]
Idaho Code § 22-302 — Idaho Code / Title 22 / Chapter 3 / Section 22-302
22-302 CANVASS OF PETITIONS — ORDER ON PETITION — JOINT MEETING OF COUNTY BOARDS.
Status: in_force

22-302. Canvass of petitions — Order on petition — Joint meeting of county boards. The respective boards shall meet in their respective counties on the day fixed and canvass the petitions, and ascertain that they are signed by the requisite number of voters, and that they are in due form. Any voter within the county may appear and object to the form of petition or the genuineness of the signatures, or that the required number of voters have failed to sign. If the board finds that the petition is in due form, signed by the required number of bona fide voters, an order shall be made declaring that it is the wish of the voters of the county to form a fair district, comprising the respective counties named in the petition, and directing the clerk of the board of county commissioners to so inform the clerk of each of the other county boards of commissioners, and to arrange for a time and place for a joint meeting of the respective boards.

The clerk of the board shall thereupon inform, by writing, the clerks of each of the other boards, and suggest a time and place for a joint meeting. By a majority vote the clerks shall fix the time and place, and notify the commissioners. Notice of such joint meeting shall be published for two (2) weeks in a newspaper in each county. The meeting shall be not less than two (2) weeks nor more than four (4) weeks from the date of the clerks' agreement.

History:

[(22-302) 1925, ch. 131, sec. 2, p. 185; I.C.A., sec. 22-302.]
Idaho Code § 22-509 — Idaho Code / Title 22 / Chapter 5 / Section 22-509
22-509 TITLE.
Status: in_force

22-509. Title. This chapter shall be known as: "The Idaho Seed Potato Act of 1996."

History:

[22-509, added 1996, ch. 215, sec. 9, p. 703.]
Idaho Code § 22-4213 — Idaho Code / Title 22 / Chapter 42 / Section 22-4213
22-4213 FAILURE TO PAY ASSESSMENT — PENALTY.
Status: in_force

22-4213. Failure to pay assessment — Penalty. Any grower or dealer who fails to make collection or file return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five percent (5%) of the amount of the assessment determined to be due, as provided in this act, plus one percent (1%) of such amount for each month of delay or fraction thereof after the expiration of the month after such return was required to be filed or such assessment became due. The commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and disposed of as provided with respect to moneys derived from the assessment levied and imposed by this act.

History:

[22-4213, added 1974, ch. 184, sec. 13, p. 1481.]
Idaho Code § 22-3703 — Idaho Code / Title 22 / Chapter 37 / Section 22-3703
22-3703 DEFINITIONS.
Status: in_force

22-3703. Definitions. Definitions as used in this chapter, unless the context requires otherwise:

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

(2) "Grower" means any landowner personally engaged in growing cherries, a tenant personally engaged in growing cherries or both the owner and 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 cherries.

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

(4) "Ship" means to load cherries 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 unit or device to whom and every place to which cherries are delivered for drying, freezing, dehydrating, canning, pressing, powdering, extracting, cooking and for use in producing a product or manufacturing a manufactured product.

(6) "Person" means any partnership, association, corporation, cooperative or other business unit or device.

History:

[22-3703, added 1967, ch. 70, sec. 3, p. 157; am. 2015, ch. 156, sec. 2, p. 546.]
Idaho Code § 22-2213 — Idaho Code / Title 22 / Chapter 22 / Section 22-2213
22-2213 ASSESSMENT OF PENALTIES.
Status: in_force

22-2213. Assessment of penalties. For the purpose of determining commercial values to be applied under this section, the director shall determine from the registrant's sales invoice the values charged for the plant amending or soil amending ingredients. If no invoice is available or if the invoice fails to provide sufficient information, the director may use prevailing market prices to determine values. The values so determined shall be used in determining and assessing penalties.

History:

[22-2213, added 2001, ch. 250, sec. 3, p. 912.]
Idaho Code § 22-3107 — Idaho Code / Title 22 / Chapter 31 / Section 22-3107
22-3107 HOP ASSESSMENT LEVY.
Status: in_force

22-3107. Hop assessment levy. (1) There is hereby levied an initial assessment of twenty (20) cents per bale on each bale of hops handled in the primary channels of trade.

(2) In addition to such initial assessment, there is hereby levied an additional assessment of not exceeding four dollars and eighty cents ($4.80) per bale on each bale of hops handled in the primary channels of trade. The amount of such additional assessment, if any, shall be determined by resolution of the commission after February first but before July first of each year and shall be submitted to the growers by referendum. The term "production" for the purposes of this subsection means the number of pounds of hops produced by a grower during the calendar year immediately next preceding each annual registration of growers as herein provided. Each grower, whether an individual, a partnership, a corporation, an association or other business unit, shall have one (1) vote at such referendum. No grower shall vote at any such referendum during any year unless such grower has, after January first but prior to January fifteenth of such year, registered with the commission on forms to be supplied by the commission giving such grower's name, mailing address and production, except that for the calendar year in which this subsection takes effect, the period for the registration of growers shall be the fifteen (15) days immediately succeeding the effective date of this subsection. The qualifications of any grower to vote or the amount of such grower's production as shown by such grower's registration may be challenged by any other grower qualified to vote or any member of the commission. All such challenges shall be presented to the commission in writing within ten (10) days after the close of registration and shall be heard and determined by the commission prior to canvassing the returns of any such referendum. After the adoption of a resolution by the commission fixing the amount of the additional assessment to be submitted to a referendum of the growers, the commission shall cause to be mailed by United States registered mail to each grower so registered, at the address appearing on such grower's registration, a ballot setting forth the name of such grower, the grower's production, a copy of the resolution so adopted, and the words, "For additional assessment as provided in the foregoing resolution" followed by a circle and the words "Against the additional assessment as provided in the foregoing resolution" followed by a circle and such ballot shall provide a space at the bottom thereof for the grower's signature. A grower desiring to vote upon the amount of the additional assessment shall mark the ballot received to express the grower's vote, shall sign the ballot and shall return the ballot to the commission within twenty (20) days after the date on which the ballot was mailed to the grower by the commission. Any ballot which is not returned within such time limit, or which is not voted, or which is not signed, or which is marked both for and against the question submitted, shall be deemed not to have been voted and shall not be counted for any purpose. The commission shall meet and canvass all ballots cast at any such referendum within ten (10) days after the date by which all ballots are herein required to be returned to the commission. Upon the canvass, if the commission finds that two-thirds (2/3) or more of the growers voting at such referendum have voted in favor of the amount of such additional assessment and that growers representing two-thirds (2/3) or more of the production of all growers voting at such referendum have voted in favor of the amount of such additional assessment, then the amount of such additional assessment shall have been approved, but if the commission finds otherwise, then the amount of such additional assessment shall have failed. The commission shall record the results of each canvass in its official records and shall retain all election records, grower registrations and ballots for one (1) year after the date of such canvass when it may cause the same to be destroyed. If the canvass shows that the amount of such additional assessment shall have been approved, the commission shall immediately adopt a resolution levying the amount thereof. Such additional assessment when so levied shall apply only to the bales of hops grown during the calendar year in which the referendum approving the same was held, but shall so apply regardless of the calendar year in which such bales of hops are first handled in the primary channels of trade. If the canvass shows that the amount of such additional assessment shall have failed, the commission shall not levy the amount thereof, but the commission may re-submit the same or another amount for such additional assessment to the growers by referendum as herein provided as often as the commission deems necessary.

(3) All assessments levied under this act shall be due on or before the time when such hops 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 last day of the month next succeeding the month in which such hops were first handled in the primary channels of trade.

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

(5) The commission by order may cancel an assessment which has been delinquent for five (5) years or more, if it determines that:

(a) The amount of the assessment is less than one dollar ($1.00), and that further collection effort or expense does not justify the collection thereof, or

(b) The assessment is wholly uncollectible.

History:

[22-3107, added 1955, ch. 224, sec. 7, p. 489; am. 1957, ch. 12, sec. 1, p. 14; am. 1967, ch. 216, sec. 3, p. 650; am. 1992, ch. 40, sec. 1, p. 138.]
Idaho Code § 22-2311 — Idaho Code / Title 22 / Chapter 23 / Section 22-2311
22-2311 ADVERTISEMENT OF NURSERY OR FLORIST STOCK FOR SALE.
Status: in_force

22-2311. Advertisement of nursery or florist stock for sale. No person may advertise in any media, any plant material covered under this chapter as being for sale without disclosing the person's company name or license number.

History:

[22-2311, added 1998, ch. 89, sec. 11, p. 310.]
Idaho Code § 22-3606 — Idaho Code / Title 22 / Chapter 36 / Section 22-3606
22-3606 RESEARCH — ADVERTISING — INVESTIGATION.
Status: in_force

22-3606. Research — Advertising — Investigation. The commission shall provide for and conduct a comprehensive and extensive research, advertising and educational campaign as continuous as the crop, sales and market conditions reasonably require. It will investigate and ascertain the needs of growers, conditions of the market and extent to which public convenience and necessity require research and advertising to be conducted.

History:

[22-3606, added 1966 (2nd E.S.), ch. 17, sec. 6, p. 39.]
Idaho Code § 22-2003 — Idaho Code / Title 22 / Chapter 20 / Section 22-2003
22-2003 STATEMENT OF PURPOSE.
Status: in_force

22-2003. Statement of purpose. The purpose of this chapter is to prevent the introduction and subsequent dissemination of plant pests into Idaho through the movement of nursery stock and other plants and plant products. This chapter provides for the regulation of plant material and plant pests moving into Idaho and establishes provisions under which such plant material and products may legally enter the state. This chapter also establishes provisions for the establishment of interstate and intrastate quarantines to restrict the movement of nursery stock, plant pests and plant products.

History:

[22-2003, added 2002, ch. 89, sec. 2, p. 211.]
Idaho Code § 22-3502 — Idaho Code / Title 22 / Chapter 35 / Section 22-3502
22-3502 PEA AND LENTIL COMMISSION CREATED — MEMBERS.
Status: in_force

22-3502. Pea and lentil commission created — Members. There is hereby created and established in the department of self-governing agencies the Idaho pea and lentil commission to be composed of six (6) members. Five (5) of the members shall be growers and one (1) of the members shall be a processor or dealer. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, shall be an ex officio member without vote of the commission.

History:

[22-3502, added 1965, ch. 106, sec. 2, p. 192; am. 1974, ch. 13, sec. 12, p. 138; am. 2011, ch. 54, sec. 1, p. 118.]
Idaho Code § 22-2732 — Idaho Code / Title 22 / Chapter 27 / Section 22-2732
22-2732 LOANS FROM FUND — APPLICATION — APPROVAL — REPAYMENT.
Status: in_force

22-2732. Loans from fund — Application — Approval — Repayment. (1) Eligible applicants may file an application with the local soil conservation district or the state soil and water conservation commission for a loan from the fund for the purpose of financing conservation improvement cost. 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. Any such application filed with the district or the commission under the provisions of this chapter shall:

(a) Describe the nature and purposes of the improvements or projects;

(b) Set forth or be accompanied by a conservation plan approved by the local soil conservation district or the commission 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 chapter will be used for improvement costs, and whether such money is available or has been sought for this purpose;

(d) Show that the applicant holds or can acquire title to all lands or has necessary easements and rights-of-way for the improvements; and

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

(2) The local soil conservation districts and the commission shall keep each other informed of applications received. Within sixty (60) days of receipt of an application, the local soil conservation district or the commission shall review and evaluate, and if it deems necessary, investigate aspects of the proposed improvements. As part of such investigation, the district or the commission shall determine whether the plan for development of the conservation improvements is satisfactory. If the district or the commission determines the plan is unsatisfactory, it shall return the application to the applicant and may make such recommendations to the applicant as are considered necessary to make the plan satisfactory. If the district or the commission determines the plan and application are satisfactory, it shall be considered for funding.

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

(a) The applicant is qualified and responsible;

(b) There is reasonable assurance that the borrower can repay the loan; and

(c) That money in the resource conservation and rangeland development fund is available for the loan.

(4) If the commission approves a loan, the applicant shall execute a promissory note for repayment to the account of money loaned therefrom, together with interest not to exceed six percent (6%) annually as determined by the commission. The note shall further provide that repayment of the loan, together with interest thereon, shall commence not later than two (2) full years from the date the note is signed. Repayment shall be completed within the time period specified by the commission not to exceed fifteen (15) years, except that the commission may extend the time for making repayment in event of emergency or hardship. Such agreement shall also provide for such assurance of, and security for, repayment of the loan as are considered necessary by the commission.

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

(6) If an applicant fails to comply with the repayment contract, the interest in the improvement may be conveyed to a successor upon approval by the commission, which may contract with the qualified successor in interest of the original obligor for repayment of the loan, together with interest thereon, and for succession to its rights and obligation in any contract with the commission.

History:

[22-2732, added 1985, ch. 116, sec. 1, p. 241; am. 1992, ch. 270, sec. 6, p. 839; am. 1999, ch. 62, sec. 1, p. 164; am. 1999, ch. 137, sec. 5, p. 389; am. 2010, ch. 279, sec. 15, p. 740.]
Idaho Code § 22-2305 — Idaho Code / Title 22 / Chapter 23 / Section 22-2305
22-2305 LICENSE REQUIRED — SCHEDULE OF FEES.
Status: in_force

22-2305. License required — Schedule of fees. (1) It shall be unlawful for any person to engage in, conduct, or carry on the business of propagating, growing, selling, dealing in, or importing into this state, for sale or distribution, any nursery or florist stock, or to engage in landscape designing, or to act as agent, salesman, or solicitor for any nurseryman, florist, landscape contractor, or dealer in nursery or florist stock without first obtaining a license to do so from the Idaho department of agriculture, and it shall be unlawful for any person to falsely represent that he is the agent, salesman, solicitor, or representative of any nurseryman, florist, landscape contractor, or dealer in nursery or florist stock.

(2) The provisions of this chapter shall not apply to the sale of plants, shrubs, scions, or florist stock by any person not regularly engaged in that business when said sales are only incident to the seller's farming or gardening operations and the total amount of gross annual sales by such seller does not exceed five hundred dollars ($500). The department shall have the authority to inspect any nursery or florist stock in the possession of any person exempted by this subsection, when it has reason to believe that there may be a pest concern or quarantine violation.

(3) Every nurseryman or florist, landscape contractor, dealer, or importer of nursery or florist stock, or collector of native plants for sale shall make application for a license to the Idaho department of agriculture upon a form to be prescribed and furnished by said department, pay to said department the license fee as provided in subsection (4) of this section. No license shall be issued until the applicant shall have paid the fee hereinafter provided.

(4) Nurseries required to be licensed shall consist of nurserymen, florists, dealers, landscape contractors, and importers of nursery or florist stock, and collectors of native plants for sale, and they shall pay a license fee of one hundred dollars ($100) for their principal place of business. Nurseries with more than one (1) retail outlet shall identify the number and location of such additional outlets on the license application and pay an additional one hundred dollars ($100) for each such additional outlet. The license number shall be prominently displayed in each outlet. Should the holder of a nursery license add one (1) or more outlets during the license year, the department must be notified and the one hundred dollar ($100) surcharge for each such outlet paid immediately.

(5) Dealers shall keep accurate records of their sales and transactions involving nursery or florist stock and shall produce the same at any time when so required by the Idaho department of agriculture. At any hearing in which the amount of license fee to be paid by any person is involved or any questions as to such person's claim for exemption from the provisions of this chapter, such person shall have the burden of proof to establish his claim.

(6) A license fee for an agent as defined in section 22-2302, Idaho Code, is twenty-five dollars ($25.00) per annum for each principal that the agent represents. Agents soliciting sales only from persons licensed under this chapter shall be exempt from licensing fees.

(7) The fees for nursery or florist stock inspection and special services performed for persons not required to be licensed shall be as provided in rules promulgated by the director.

History:

[(22-2305) added 1984, ch. 231, sec. 2, p. 556; am. and redesig. 1998, ch. 89, sec. 5, p. 308; am. 1999, ch. 83, sec. 1, p. 279; am. 2008, ch. 130, sec. 1, p. 364.]
Idaho Code § 22-5113 — Idaho Code / Title 22 / Chapter 51 / Section 22-5113
22-5113 NOTICE OF NONCOMPLIANCE — REQUIREMENTS — FAILURE TO COMPLY — REMEDIES OF DEPARTMENT.
Status: in_force

22-5113. Notice of noncompliance — Requirements — Failure to comply — Remedies of department. (1) Whenever a seed buyer is not meeting its obligations to producers, does not have the ability to pay producers, or refuses to submit records and papers to lawful inspection, the department shall give written notice to the seed buyer and direct the seed buyer to comply with all or any of the following requirements:

(a) The department may require additional security or the posting of a bond in an amount sufficient to satisfy any financial obligation to producers. The additional security may exceed the maximum bonding requirements of this chapter. Failure to timely post the additional bond or other security constitutes grounds for suspension or revocation of a license. The seed buyer may request a hearing regarding the decision to increase the amount of security required or the revocation or suspension of a license and may appeal such decisions pursuant to chapter 52, title 67, Idaho Code.

(b) Submit to such inspection as the department may deem necessary.

(2) If the seed buyer fails to comply with the terms of such notice within twenty-four (24) hours from the date of issuance of the notice, or within such further time as the department may allow, the department may petition the district court in the county where the seed buyer's principal place of business is located, as shown by the license application, for an order, according to section 22-106, Idaho Code.

(3) The department may give written notice of its action to the seed buyer's surety.

(4) The department may require an audited or reviewed financial statement.

(5) If at any time the department has evidence that the seed buyer is insolvent or is unable to satisfy the claims of producers, the department may petition the district court for the appointment of a receiver to operate or liquidate the business of the seed buyer.

(6) All court costs, attorney's fees, other professional fees, and necessary expenses incurred by the department in carrying out the provisions of this chapter may be recovered in any civil action brought by the department.

History:

[22-5113, added 2002, ch. 256, sec. 1, p. 741.]
Idaho Code § 22-414 — Idaho Code / Title 22 / Chapter 4 / Section 22-414
22-414 DEFINITIONS.
Status: in_force

22-414. Definitions. When used in this act:

(1) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of the chapter.

(2) "Agricultural seeds" includes the seeds of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural, turf, or field seeds, and mixtures of such seeds, but specifically does not include seed potatoes as defined in section 22-501, Idaho Code.

(3) "Blend" means seed consisting of more than one (1) variety of a kind, each in excess of five percent (5%) by weight of the whole.

(4) "Certifying agency" means:

(a) An agency authorized under laws of a state, territory, or possession to officially certify seed and which has standards and procedures approved by the U.S. secretary of agriculture to assure the genetic purity and identity of the seed certified; or

(b) An agency of a foreign country determined by the U.S. secretary of agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (a) of this subsection.

(5) "Crop seed" means any agricultural, vegetable or flower seed, other than the pure seed, present in a lot of seed and which weighs less than five percent (5%) of the total weight of the lot.

(6) "Cultivation" means:

(a) Preparing and using soil for growing plants; or

(b) Growing and caring for plants under conditions that can be controlled.

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

(8) "Flower seeds" includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower seeds in this state.

(9) "Grower's or collector's declaration" means a statement signed by the grower or collector giving for any lot of seed the lot number, the kind, the variety, origin, and weight.

(10) "Hard seed" means any viable agricultural, vegetable or flower seed that fails to germinate within the prescribed germination period due to an impermeable seed coat.

(11) "Hybrid" means the first generation seed of a cross produced by controlling the pollination and by combining one (1) of three (3) combinations:

(a) Two (2) or more inbred lines;

(b) One (1) inbred or a single cross with an open pollinated variety; or

(c) Two (2) varieties or species, except open pollinated varieties of corn (Zea mays).

The second generation or subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.

(12) "Inert matter" means the collective parts of incomplete plants, seeds, seedlike structures and other nonseed particles present in a lot of seed.

(13) "In-state seed dealer" means any seed dealer with an established plant, warehouse or place of business in the state of Idaho.

(14) "Kind" means one (1) or more related species or subspecies which singly or collectively is known by one (1) common name, for example, as wheat, oat, vetch, sweet clover, cabbage, or cauliflower.

(15) "Labeling" includes all labels, and other written, printed, or graphic representations in any form whatsoever, accompanying and pertaining to any seed whether in bulk or in containers, and includes invoices.

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

(17) "Mixture," "mix," or "mixed" means seed consisting of more than one (1) kind, each in excess of five percent (5%) by weight of the whole.

(18) "Noxious weed seeds" means the seeds of any plant which is determined by the director to be injurious to public health, crops, livestock, land or other property. They are divided into two (2) classes:

(a) "Prohibited noxious weed seeds" are the seeds which when established are highly destructive and difficult to control in this state by ordinary good cultural practices.

(b) "Restricted noxious weed seeds" are the seeds of such weeds as are very objectionable in fields, lawns, or gardens but can be controlled by good cultural practices.

The director shall publish and maintain a list of all noxious weeds, which shall also be included in the rules of the department of agriculture. Pursuant to administrative rules, the director may add to or subtract from the list of seeds included under either definition. Any addition or subtraction is effective thirty (30) days after publication.

(19) "Origin" for an indigenous stand of trees is the area on which the trees are growing; for a nonindigenous stand, it is the place from which the seeds or plants were originally introduced.

(20) "Out-of-state seed dealer" means any seed dealer selling or shipping seed into the state of Idaho without owning an established plant, warehouse or place of business in Idaho.

(21) "Person" shall include any individual, partnership, corporation, company, society or association.

(22) "Private hearing" may consist of a discussion of facts between the person charged with a violation of the provisions of this chapter and the enforcement officer.

(23) "Processing" means a continuous action, operation or series of changes taking place in a definite manner or a series of actions that produce something or that lead to a particular result.

(24) "Producer" means any person who is the owner, tenant or operator of land who has an interest in and receives all or part of the proceeds from the sale of seeds produced on that land.

(25) "Production" means the process of making or growing seeds for sale or use.

(26) "Record" is all information relating to a shipment of seed and must include a file sample of each lot of seed, purity, and current germination test documentation. For tree and shrub seed, the record must also include all documents supporting the statement of origin and elevation of the seed.

(27) "Seed dealer" means any person that lets it be known by any means or manner that he has seed offered for sale.

(28) "Seeds" means all seeds as defined in this section.

(29) "Stop sale" means an administrative order restraining the sale, use, disposition, and movement of a designated seed lot.

(30) "Tree seed and shrub seed" includes seeds of woody plants commonly known and sold as tree seed and shrub seeds.

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

(32) "Vegetable seeds" means the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds.

(33) "Weed seeds" means the seeds of all plants recognized as weeds by the director.

History:

[22-414, added 1951, ch. 243, sec. 1, p. 508; am. 1974, ch. 18, sec. 3, p. 364; am. 1985, ch. 22, sec. 1, p. 35; am. 1985, ch. 247, sec. 1, p. 578; am. 1987, ch. 188, sec. 1, p. 370; am. 1996, ch. 214, sec. 1, p. 694; am. 1997, ch. 17, sec. 1, p. 24; am. 2015, ch. 101, sec. 2, p. 242.]
Idaho Code § 22-436 — Idaho Code / Title 22 / Chapter 4 / Section 22-436
22-436 SEED ARBITRATION.
Status: in_force

22-436. Seed arbitration. (1) Requirement of arbitration. When any buyer claims to have been damaged by the failure of any seed for planting to produce or perform as represented by the required label to be attached to such seed under section 22-415, Idaho Code, or by warranty, or as a result of negligence, as a prerequisite to the buyer's right to maintain a legal action against the dealer or any other seller of such seed, the buyer shall first submit the claim to arbitration as provided in this section. The monetary value of the claim must exceed three thousand dollars ($3,000). Any applicable period of limitations with respect to such claim shall be tolled until ten (10) days after the filing of the report of arbitration with the director of the department of agriculture as provided in subsection (5)(i) of this section.

(2) Notice of arbitration requirement. Conspicuous language calling attention to the requirement for arbitration under this section shall be referenced or included on the analysis label required under section 22-415, Idaho Code, or otherwise attached to the seed bag or package. Arbitration shall not be required unless this notice is included. A notice in the following form, or equivalent language, shall be sufficient:

NOTICE OF REQUIRED ARBITRATION

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

(3) Effect of arbitration.

(a) Agreement to arbitrate. The report of arbitration shall be binding upon all parties to the extent, if any, that they have so agreed in any contract governing the sale of the seed.

(b) Commencement of legal action. In the absence of an agreement to be bound by arbitration, a buyer may commence legal proceedings against a seller or assert such claim as a counterclaim or defense in any action brought by the seller, at any time after the receipt of the report of arbitration.

(c) Use as evidence. In any litigation involving a complaint which has been the subject of arbitration under this section, any party may introduce the report of arbitration as evidence of the findings of the report, and the court may give such weight to the arbitration council's findings and recommendations as to damages and costs, as the court may see fit based upon all the evidence before the court. The court may also take into account any finding of the arbitration council with respect to the failure of any party to cooperate in the arbitration proceedings including, any finding as to the effect of delay in filing the arbitration claim upon the arbitration council's ability to determine the facts of the case.

(4) Establishment of seed arbitration council. Each of the following individuals or organizations may provide a nomination list of five (5) names to the director. From the nomination lists, the director shall comprise a list consisting of fifteen (15) names from which three (3) members of the arbitration council shall be selected pursuant to the provisions of subsection (5)(c) of this section:

(a) The associate dean of the college of agriculture; director of the Idaho agricultural experiment stations, college of agriculture, university of Idaho.

(b) The department head of plant, soil and entomological sciences, college of agriculture, university of Idaho.

(c) The president of Idaho-eastern Oregon seed association.

(d) The president of the Idaho crop improvement association.

(e) The president of the Idaho farm bureau.

(5) Procedures.

(a) Commencement. A buyer may invoke arbitration by filing a sworn complaint with the director together with a filing fee of one hundred dollars ($100) which is nonrefundable. The buyer shall serve a copy of the complaint upon the seller by certified mail within such time as to permit inspection of the crops, plants or trees by the seed arbitration council or its representatives and by the dealer or seller from whom the seed was purchased. If the seeds are not planted, the buyer shall serve a copy of the complaint upon the seller by certified mail not later than two (2) years after the purchase of the seed lot.

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

(c) Referral to arbitration council. The complaint and answer shall be referred to a five (5) person arbitration council. Each party shall select one (1) arbitrator from the director's list of nominees established under the provisions of subsection (4) of this section. Those arbitrators shall select a third arbitrator from the director's list of nominees. A representative of the Idaho department of agriculture shall be the fourth arbitrator and a representative from the university of Idaho agricultural extension service shall be the fifth arbitrator. The five (5) member council shall select a chairman from its membership. The chairman shall conduct deliberations of the council and direct all of its other activities. Upon request by the chairman, the department may provide administrative support to the arbitration council.

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

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

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

(i) Examine the buyer and the seller on all matters which the council considers relevant.

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

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

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

(v) Upon the chairman's request, call any person in for comments knowledgeable on any matter under investigation.

(vi) Assess the cost of conducting the investigation to the nonprevailing party or between the parties of a given complaint when deemed appropriate.

(vii) Include as the cost of investigation: travel, lodging and meals as established by the state, for any witness called by the council, and other administrative and secretarial expenses.

(g) Delegation. The council may delegate all or any part of any investigation to one (1) or more of its members. Any such delegated investigation shall be summarized in writing and considered by the council in its report.

(h) Compensation. The members of the council shall be compensated as provided in section 59-509(b), Idaho Code.

(i) Distribution of report. After the council has made its report the director shall promptly transmit the report by certified mail to all parties.

History:

[22-436, added 1989, ch. 370, sec. 2, p. 930; am. 1990, ch. 412, sec. 1, p. 1141; am. 1996, ch. 213, sec. 1, p. 690; am. 1996, Ch. 214, sec. 2, p. 696; am. 2009, ch. 38, sec. 2, p. 109.]
Idaho Code § 22-5118 — Idaho Code / Title 22 / Chapter 51 / Section 22-5118
22-5118 PAYMENT AND VIOLATION.
Status: in_force

22-5118. Payment and violation. (1) A seed buyer shall pay the producer the purchase price for seed crops in legal tender within ninety (90) days of sale unless otherwise agreed to in writing.

(2) Any seed buyer that violates the provisions of section 18-3106, Idaho Code, in making payment to the producer for any seed crop without sufficient funds in, or credit with, such bank or other depository, also violates the provisions of this chapter. The word "credit" as used herein shall mean an arrangement or understanding with the bank or depository for such payment.

History:

[22-5118, added 2002, ch. 256, sec. 1, p. 743; am. 2011, ch. 173, sec. 1, p. 494.]
Idaho Code § 22-2602 — Idaho Code / Title 22 / Chapter 26 / Section 22-2602
22-2602 DEFINITIONS — SHORT TITLE.
Status: in_force

22-2602. Definitions — Short title. As used in this chapter:

a. The term "agricultural products" shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products;

b. The term "member" shall include actual members of associations without capital stock and holders of common stock in associations organized with capital stock;

c. The term "association" means any corporation organized under this chapter; and

d. The term "person" shall include individuals, firms, partnerships, corporations and associations.

Associations organized hereunder shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers.

Any instrument, or interest, which (a) qualifies its holder to be a member or patron of an association, or; (b) represents a patronage refund or other patronage allocation, which is part of a class issuable only to persons who deal in agricultural products or commodities with or obtain services from the association; or (c) represents the terms or conditions by which members or patrons purchase or sell agricultural products or commodities from, to, or through the association, (including any property right or interest in any arrangement to purchase or sell agricultural products, commodities or supplies between the association and its members or patrons) shall not be considered to be a security as used in title 30, chapter 14, Idaho Code, and shall not be subject to the provisions of said chapter.

The foregoing shall apply to any association operating as an agricultural cooperative, which is qualified to do business in the state of Idaho as an agricultural marketing association, and which possesses no greater powers than those provided such an association under this chapter.

This chapter shall be referred to as the "Cooperative Marketing Act."

History:

[(22-2602) 1921, ch. 124, sec. 2, p. 298; I.C.A., sec. 22-2002; am. 1976, ch. 41, sec. 1, p. 89.]
Idaho Code § 22-1911 — Idaho Code / Title 22 / Chapter 19 / Section 22-1911
22-1911 INVASIVE SPECIES FUND.
Status: in_force

22-1911. Invasive species fund. There is hereby established in the state treasury an invasive species fund.

(1) The fund shall receive such appropriations as deemed necessary by the governor and the legislature to accomplish the goals of this chapter. The fund shall also receive moneys from the collection of reasonable fees for permits or as otherwise required by this chapter or rules promulgated hereunder. The fund may also receive, at the discretion of the director, moneys from any other lawful source including, without limitation, fees, penalties, fines, gifts, grants, legacies of money, property, securities or other assets, or any other source, public or private.

(2) Moneys in the invasive species fund are subject to appropriation for the purposes of this chapter. The fund shall be used to support activities related to the prevention, detection, control and management of invasive species in Idaho.

(3) All interest or other income accruing from moneys deposited to the fund shall be redeposited and accrue to the fund. Any unexpended balance left in the fund at the end of any fiscal year shall carry forward without reduction to the following fiscal year.

(4) Up to twenty percent (20%)of the annual revenue deposited in the invasive species fund pursuant to section 67-7008A, Idaho Code, may be made available by the department to counties, cities, or other local entities for the cost of equipment and supplies necessary for the operation of watercraft inspection stations. Such funds shall be for equipment and supplies only and not for labor.

History:

[22-1911, added 2008, ch. 387, sec. 1, p. 1064; am. 2024, ch. 122, sec. 3, p. 509.]
Idaho Code § 22-3418 — Idaho Code / Title 22 / Chapter 34 / Section 22-3418
22-3418 RESTRICTED PESTICIDE USE.
Status: in_force

22-3418. Restricted pesticide use. (1) The director may by rule restrict or prohibit the use of pesticides if he finds that the labeled use of such pesticides requires the rules restricting their use are necessary to prevent injury to land, people, animals, crops or the environment other than the pests of vegetation which they are intended to destroy.

(2) The areas affected, and the time and conditions of use of such restricted-use pesticides shall be prescribed by rule.

History:

[22-3418, added 1976, ch. 190, sec. 2, p. 701; am. 1996, ch. 22, sec. 11, p. 54.]
Idaho Code § 22-3610 — Idaho Code / Title 22 / Chapter 36 / Section 22-3610
22-3610 ASSESSMENTS — PACKED — FOR PROCESSING.
Status: in_force

22-3610. Assessments — Packed — For processing. There is hereby levied upon all apples grown annually in this state, and all apples packed as Idaho apples, an assessment of five cents (5¢) on each forty (40) pounds not shipped to processing plants. There is also levied an assessment of two dollars and fifty cents ($2.50) per ton on all apples shipped to processing plants for processing. This action shall not apply to any one (1) person, dealer or grower who sells less than one thousand (1,000) pounds of apples in any marketing year. All moneys collected hereunder shall be expended to effectuate the purposes and objects of this chapter.

History:

[22-3610, added 1966 (2nd E.S.), ch. 17, sec. 10, p. 39; am. 1987, ch. 300, sec. 1, p. 638.]
Idaho Code § 22-5129 — Idaho Code / Title 22 / Chapter 51 / Section 22-5129
22-5129 RULES.
Status: in_force

22-5129. Rules. The department may, from time to time, make such rules as it deems necessary for the efficient execution of the provisions of this chapter.

History:

[22-5129, added 2002, ch. 256, sec. 1, p. 747.]
Idaho Code § 22-2916 — Idaho Code / Title 22 / Chapter 29 / Section 22-2916
22-2916 PENALTY FOR TAX DEFAULTS.
Status: in_force

22-2916. Penalty for tax defaults. Any handler, dealer or grower who fails to make collection, file return or pay any tax within the time required by or pursuant to this act shall thereby forfeit to the state a penalty of five per centum (5%) of the amount of tax determined to be due, as provided in this act, plus one per centum (1%) of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such tax became due; but the commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and disposed of as provided with respect to moneys derived from the taxes levied and imposed by this act.

History:

[22-2916, added 1957, ch. 94, sec. 6, p. 158.]
Idaho Code § 22-3309 — Idaho Code / Title 22 / Chapter 33 / Section 22-3309
22-3309 DUTIES AND POWERS OF COMMISSION.
Status: in_force

22-3309. 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 this 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 wheat and wheat products.

(c) To give, publicize and promulgate reliable information showing the value of wheat and wheat 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 wheat and wheat products produced from all varieties of wheat grown in Idaho.

(e) To investigate and participate in studies of the problems peculiar to the producers of wheat 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 wheat 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 this act.

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

(i) 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, including the calling of any referendum of the wheat growers in the state of Idaho as deemed necessary by the commission.

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

(k) To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller at all times and to the public as set forth in chapter 1, title 74, Idaho Code.

History:

[22-3309, added 1959, ch. 6, sec. 9, p. 13; am. 1994, ch. 180, sec. 25, p. 439; am. 2012, ch. 77, sec. 6, p. 224; am. 2015, ch. 141, sec. 34, p. 411.]
Idaho Code § 22-3401 — Idaho Code / Title 22 / Chapter 34 / Section 22-3401
22-3401 DEFINITIONS.
Status: in_force

22-3401. Definitions. When used in this act:

(1) "Adulterated" means a pesticide is adulterated for the purpose of this act if the strength or purity of the pesticide is below the purported or professed standard of quality as expressed in its labeling, or any substance has been substituted wholly or in part for any ingredient of the pesticide, or any valuable constituent thereof has been omitted wholly or in part.

(2) "Antipollution device" means any mechanical equipment used to reduce hazard to the environment in cases of malfunction or shutdown of chemigation equipment during chemigation and may include, but not be limited to, interlock, irrigation line check valve, chemical line closure device, vacuum relief device and automatic low-pressure drain.

(3) "Certified applicator" means a person who has qualified as a professional applicator, or private applicator under the provisions of this act and the rules promulgated by the director.

(4) "Chemical" means any fertilizer or pesticide.

(5) "Chemigation" means any process whereby chemicals are added to irrigation water applied to land, crops or plants through an irrigation system, such as, but not limited to, agricultural, nursery, turf, lawn, golf course and greenhouse sites.

(6) "Chemigation applicator" means a person who: (a) applies chemicals through irrigation systems on land owned or rented by him or his employer; or (b) applies chemicals through irrigation systems on the land or property of another for compensation.

(7) "Defoliant" means any substance or mixture of substances intended for causing the foliage to drop from a plant, with or without causing abscission.

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

(9) "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.

(10) "Designated agent" means an employee or agent of the state authorized by the director to perform various duties in connection with enforcement of this act.

(11) "Device" means an instrument or contrivance, other than a firearm, intended to trap, destroy, control, repel or mitigate any pest or any other form of plant or animal life, other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals, but does not include equipment used for the application of pesticides when sold separately therefrom.

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

(13) "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and, having so received, deliver or offer to deliver, pesticides in this state.

(14) "Environment" includes water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these.

(15) "EPA" means the United States Environmental Protection Agency.

(16) "Fertilizer" means any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one (1) or more plant nutrients.

(17) "General use pesticide" means any pesticide which is not a restricted-use pesticide.

(18) "Irrigation system" means any device or combination of devices having a hose, pipe, or other conduit which connects directly to any source of ground or surface water, through which water or a mixture of water and chemicals is drawn and applied to land, crops or plants. The term does not include any hand-held sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow into the water source.

(19) "Label or labeling" means the written, printed or graphic matter on or attached to the pesticide or device or any of its containers or wrappers. It would also include all other written, printed or graphic material that accompanies the pesticide or device at any time.

(20) "Land" means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.

(21) "Misbranded" shall apply to (a) any pesticide or device if its labeling bears any false or misleading statement, design or graphic representation, and (b) any pesticide if such pesticide is not labeled as required by section 22-3402, Idaho Code, and (c) any pesticide if the labeling bears any reference to the registration provisions of section 22-3402, Idaho Code, unless such reference is required by rules promulgated by the director.

(22) "Person" means any individual, partnership, association, fiduciary corporation, or any organized group of persons whether incorporated or not.

(23) "Pest" means (a) any insect, rodent, nematode, fungus, weed, or (b) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except virus, bacteria, or other microorganism on or in living man or other living animals, which the director declares to be a pest.

(24) "Pesticide" means but is not limited to (a) any substance or mixture of substances intended to prevent, destroy, control, repel or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus, except virus or fungus on or in living man or other animal, which is normally considered to be a pest or which the director may declare to be a pest, and (b) any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant, and (c) any spray adjuvant.

(25) "Pesticide dealer" means a person who distributes any restricted-use pesticide or general use pesticide except those exempted in section 22-3406, Idaho Code, or any pesticide whose uses or distribution are further restricted by the director by rule.

(26) "Pesticide equipment" means any equipment, machinery, or apparatus used in the actual application of pesticides including aircraft and ground-spraying equipment.

(27) "Pesticide industry representative" means a person who is a pesticide manufacturer's representative, distributor's representative, or any field representative of any company or organization that deals in agricultural commodities, who uses or supervises the application of restricted-use pesticides solely for the purpose of demonstrating the use of the restricted-use pesticide.

(28) "Plant regulator" means any substance or mixture of substances intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments.

(29) "Private applicator" means a person who: (a) uses or supervises the use of restricted-use pesticides to produce agricultural commodities or forest crops on land owned or rented by him or his employer; or (b) applies restricted-use pesticides on the property of another without compensation other than the trading of personal services between producers of agricultural commodities.

(30) "Professional applicator" means a person who: (a) applies pesticides upon the land or property of another for compensation; or (b) uses or supervises the use of restricted-use pesticides and is not a private applicator; or (c) offers or supplies technical advice or recommendations regarding the use of agricultural pesticides.

(31) "Restricted area" means an area established under the provisions of section 22-3419, Idaho Code, to prohibit or restrict the application of pesticides in order to prevent injury to land, people, animals, crops or the environment.

(32) "Restricted-use pesticide" means any pesticide or pesticide use classified for restricted use by the administrator of EPA.

(33) "Spray adjuvant" means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own intended to be used with any other pesticide as an aid to the application or to the effect thereof, and which is in a separate container from that of the pesticide with which it is to be used.

(34) "State restricted pesticide use" means any pesticide use which, when used as directed in accordance with a widespread and commonly recognized practice, may be further restricted when the director determines, subsequent to a hearing, that additional restrictions are needed for that use to prevent unreasonable adverse effects on the environment including man, lands, beneficial insects, animals, crops and wildlife, other than pests.

(35) "Under the direct supervision of a certified private applicator" means that, unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified private applicator if it is applied by a competent person acting under the instructions and control of a certified private applicator who is available if and when needed, even though the certified private applicator is not physically present at the time and place the pesticide is applied.

(36) "Unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.

(37) "Wildlife" means all living things that are neither human, domesticated, nor as defined in this act, pests, including but not limited to, mammals, birds and aquatic life.

History:

[22-3401, added 1976, ch. 190, sec. 2, p. 688; am. 1990, ch. 269, sec. 1, p. 759; am. 1996, ch. 22, sec. 1, p. 41; am. 1999, ch. 69, sec. 3, p. 181; am. 2024, ch. 52, sec. 1, p. 261.]
Idaho Code § 22-3301 — Idaho Code / Title 22 / Chapter 33 / Section 22-3301
22-3301 DECLARATION OF POLICY.
Status: in_force

22-3301. 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 wheat industry. It is the purpose of this act to promote the public health and welfare of the citizens of our state by providing means for the protection, promotion, study, research, analysis and development of markets concerning the growing and marketing of Idaho wheat.

History:

[22-3301, added 1959, ch. 6, sec. 1, p. 13; am. 2012, ch. 77, sec. 1, p. 223.]
Idaho Code § 22-3903 — Idaho Code / Title 22 / Chapter 39 / Section 22-3903
22-3903 LIMITING AMOUNT OF DEDUCTIONS AND PAYMENTS OF ASSIGNED DUES.
Status: in_force

22-3903. Limiting amount of deductions and payments of assigned dues. An assignment of dues may not exceed 2 per cent of the total value of the product which is delivered by the grower or producer to the dealer or processor.

History:

[22-3903, added 1969, ch. 321, sec. 3, p. 745.]
Idaho Code § 22-4214 — Idaho Code / Title 22 / Chapter 42 / Section 22-4214
22-4214 DEALER'S RECORDS OF SEED HANDLED — OPEN TO INSPECTION BY COMMISSIONER.
Status: in_force

22-4214. Dealer's records of seed handled — Open to inspection by commissioner. Every dealer shall maintain accurate records of all alfalfa seed and clover seed handled, packed, shipped or processed by him. The record shall be in such form and contain such information as the commission may by rule prescribe, and shall be preserved for a period of two (2) years, and be subject to inspection at any time upon request of the commission or its agents.

History:

[22-4214, added 1974, ch. 184, sec. 14, p. 1481; am. 2000, ch. 201, sec. 11, p. 502.]
Idaho Code § 22-5103 — Idaho Code / Title 22 / Chapter 51 / Section 22-5103
22-5103 LICENSES.
Status: in_force

22-5103. Licenses. (1) Prior to beginning operation, a person intending to operate as a seed buyer shall first procure a license from the department. Each license issued pursuant to this chapter shall be issued for a period of one (1) year and the license or legible copy thereof shall be prominently displayed in each place of business.

(2) A seed facility endorsement showing the location of each seed facility in Idaho shall be attached to the seed buyer's license.

(3) The department is authorized to issue or renew a seed buyer license in accordance with this chapter, and the rules promulgated by the department provided each applicant meets the following conditions:

(a) Pay an application fee of up to five hundred dollars ($500) pursuant to criteria established by rule, with the exception of those persons holding a license issued pursuant to chapter 4, title 22, Idaho Code;

(b) Submit a completed application form provided by the department, with required exhibits. The application shall include:

(i) The name of the applicant;

(ii) The names of the officers and directors if the applicant is a corporation or association;

(iii) The names of the partners if the applicant is a partnership or a limited liability company;

(iv) The location of the principal place of business;

(v) Information relating to any judgment against the applicants; and

(vi) Any other reasonable information the department finds necessary to carry out the provisions and purposes of this chapter.

(c) Provide a sufficient and valid bond as required by this chapter;

(d) Provide a current, sufficient policy of insurance covering losses as required by this chapter;

(e) Provide the location of its seed facilities in Idaho;

(f) Provide a written schedule of conditioning, bagging and testing charges;

(g) Have on file a test report pursuant to sections 71-113 and 71-117, Idaho Code, from the Idaho state department of agriculture bureau of weights and measures showing approved status for any scales used for weighing received seed crops and any scales used for weighing clean weight of seed crops; and

(h) Provide with the initial license application an audited or reviewed financial statement prepared by an independent certified public accountant or licensed public accountant showing that the applicant has and does maintain a balance sheet with current assets not less than current liabilities, a statement of profit or loss, a statement of net worth and a statement of cash flows, all of which have been prepared according to generally accepted accounting principles not more than twelve (12) months prior to the date of the initial license application and additional financial information as determined by the director.

(4) All fees collected, pursuant to this chapter, for license application and renewal shall be deposited in the seed indemnity fund.

(5) All materials required for renewal of a license shall be received by the department prior to the expiration date of the current license. A license which has expired may be reinstated by the department upon receipt of all necessary licensing materials required by the provisions of this chapter and a reinstatement fee in an amount up to one thousand dollars ($1,000) pursuant to criteria established by rule, providing that this material is filed within thirty (30) days from the date of expiration of the current license.

(6) A delivery of seed crop between producers, none of whom are seed buyers, shall be exempt from the provisions of this chapter.

History:

[22-5103, added 2002, ch. 256, sec. 1, p. 738; am. 2010, ch. 100, sec. 2, p. 194.]
Idaho Code § 22-2325 — Idaho Code / Title 22 / Chapter 23 / Section 22-2325
22-2325 SEVERABILITY.
Status: in_force

22-2325. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.

History:

[(22-2325) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 25, p. 315.]
Idaho Code § 22-4003 — Idaho Code / Title 22 / Chapter 40 / Section 22-4003
22-4003 DEFINITIONS.
Status: in_force

22-4003. Definitions. As used in this chapter:

(1) "Commercial channels" means the sale of barley 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 barley or product produced from barley.

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

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

(4) "Delivery" means placing of barley into the primary channels of trade.

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

(6) "Grower" means any landowner personally engaged in growing barley, a tenant of the landowner personally engaged in growing barley, 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.

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

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

History:

[22-4003, added 1988, ch. 194, sec. 1, p. 352; am. 1997, ch. 157, sec. 1, p. 453.]
Idaho Code § 22-3319 — Idaho Code / Title 22 / Chapter 33 / Section 22-3319
22-3319 DEPOSIT AND DISBURSEMENT OF FUNDS.
Status: in_force

22-3319. Deposit and disbursement of funds. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.

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

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

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

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

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

History:

[22-3319, added 1988, ch. 191, sec. 3, p. 346; am. 1993, ch. 327, sec. 8, p. 1200; am. 1994, ch. 180, sec. 26, p. 440; am. 1996, ch. 159, sec. 9, p. 513; am. 2003, ch. 32, sec. 8, p. 121.]
Idaho Code § 22-3709 — Idaho Code / Title 22 / Chapter 37 / Section 22-3709
22-3709 STATE NOT LIABLE.
Status: in_force

22-3709. State not liable. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof, or any officer, agent or employee thereof.

History:

[22-3709, added 1967, ch. 70, sec. 9, p. 157.]
Idaho Code § 22-1606 — Idaho Code / Title 22 / Chapter 16 / Section 22-1606
22-1606 SEPARABILITY.
Status: in_force

22-1606. Separability. If any section, subsection, sentence, clause or phrase of this chapter or as the same may be hereafter amended, is for any reason held to be unconstitutional by any court of competent jurisdiction, the validity of the remaining parts of this chapter shall not thereby be affected or impaired.

History:

[(22-1606) 1917, ch. 23, sec. 6, p. 63; reen. C.L. 79:36; C.S., sec. 2056; I.C.A., sec. 22-1206.]
Idaho Code § 22-3504 — Idaho Code / Title 22 / Chapter 35 / Section 22-3504
22-3504 QUALIFICATION OF GROWER MEMBERS.
Status: in_force

22-3504. Qualification of grower members. Grower members of the commission shall be selected because of their ability and disposition to serve the state's interest and for knowledge of the state's natural resources. Members shall be citizens over twenty-five (25) years of age, residents of the state who have been actually engaged in growing peas or lentils in this state for at least three (3) of the previous five (5) years, and who derive a substantial portion of their income from growing peas or lentils in the state of Idaho.

History:

[22-3504, added 1965, ch. 106, sec. 4, p. 192.]
Idaho Code § 22-706 — Idaho Code / Title 22 / Chapter 7 / Section 22-706
22-706 CERTIFICATE AS PRIMA FACIE EVIDENCE OF CLASSIFICATION.
Status: in_force

22-706. Certificate as prima facie evidence of classification. A certificate of the grade or other classification of any farm product issued under this chapter shall be accepted in any court of this state as prima facie evidence of the true grade or other classification of such farm product at the time of its classification.

History:

[(22-706) 1917, ch. 24, sec. 1p, p. 65; reen. C.L. 79:15; C.S., sec. 2036; I.C.A., sec. 22-706.]
Idaho Code § 22-102A — Idaho Code / Title 22 / Chapter 1 / Section 22-102A
22-102A AIRCRAFT USE IN CONTROLLING UNPROTECTED OR PREDATORY ANIMALS.
Status: in_force

22-102A. Aircraft use in controlling unprotected or predatory animals. The director of the department of agriculture is hereby designated as the authorized agent of this state to aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life or crops for the purposes of issuing permits to persons to shoot or attempt to shoot, capture, harass or kill unprotected or predatory animals, as designated by the director, while such person is airborne in an aircraft, under authority vested in such agency by public laws 92-159 and 92-502.

The director shall issue such permits to applicants at no charge and shall require each permittee to submit a report each calendar quarter. The director also shall file with the United States secretary of the interior an annual report as prescribed in public laws 92-159 and 92-502.

The director is authorized to promulgate such regulations as may be necessary for the effective administration of this subsection. Any violation of such regulations shall constitute a civil offense for which a civil penalty of not to exceed one thousand dollars ($1,000) may be imposed per incident of violation.

History:

[(22-102A) 1976, ch. 95, sec. 2, p. 357; am. and redesignated 22-102A, 1989, ch. 211, sec. 1, p. 520.]
Idaho Code § 22-2413 — Idaho Code / Title 22 / Chapter 24 / Section 22-2413
22-2413 LIABILITY OF DEPARTMENT LIMITED.
Status: in_force

22-2413. Liability of department limited. The department 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:

[22-2413, added 1999, ch. 117, sec. 1, p. 352.]
Idaho Code § 22-601 — Idaho Code / Title 22 / Chapter 6 / Section 22-601
22-601 TITLE.
Status: in_force

22-601. Title. This chapter shall be known as the "Idaho Fertilizer Act of 2000."

History:

[22-601, added 2000, ch. 295, sec. 2, p. 1012.]
Idaho Code § 22-3615 — Idaho Code / Title 22 / Chapter 36 / Section 22-3615
22-3615 INSPECTIONS.
Status: in_force

22-3615. Inspections. The commission may inspect the premises and records of any grower, carrier, handler, packer, dealer or processor for the purpose of enforcing this act and the collection of the assessment.

History:

[22-3615, added 1966 (2nd E.S.), ch. 17, sec. 15, p. 39.]
Idaho Code § 22-2403 — Idaho Code / Title 22 / Chapter 24 / Section 22-2403
22-2403 ENFORCEMENT OF CHAPTER VESTED IN DIRECTOR — STATE DUTIES.
Status: in_force

22-2403. Enforcement of chapter vested in director — State duties. (1) The duty of enforcing this chapter and carrying out its provisions is vested in the director.

(2) The director shall:

(a) Determine what weeds are noxious for the purposes of this chapter; and

(b) Compile and keep current a list of such noxious weeds or group of noxious weeds, which list shall be published and incorporated in the rules of the director; and

(c) Make and publish such rules as in the director's judgment are necessary to carry out the provisions of this chapter; and

(d) Employ a statewide weed coordinator to carry out the director's duties and responsibilities; and

(e) Publish a list of items capable of disseminating noxious weeds, and designate treatment of such articles as in the director's opinion would prevent such dissemination; and

(f) Consult and coordinate with other weed management agencies and authorities in the designation and development of cooperative weed management areas and development and implementation of integrated weed management plans; and

(g) Assist all landowners, managers and lessees in the state of Idaho, including, but not limited to, all state natural resource management agencies, state water resource management entities, as well as public and private land management firms and private landowners, in coping with the growth of noxious weeds, including noxious aquatic weeds.

History:

[(22-2403) 1970, ch. 149, sec. 4, p. 448; am. 1974, ch. 18, sec. 63, p. 364; am. 1976, ch. 51, sec. 5, p. 171; am. 1981, ch. 309, sec. 5, p. 637; am. 1985, ch. 66, sec. 1, p. 137; am. 1987, ch. 331, sec. 4, p. 693; am. and redesignated 1989, ch. 298, sec. 4, p. 734; am. and redesig. 1993, ch. 247, sec. 3, p. 861; am. 1999, ch. 75, sec. 2, p. 214; am. 2006, ch. 225, sec. 2, p. 671.]
Idaho Code § 22-2804 — Idaho Code / Title 22 / Chapter 28 / Section 22-2804
22-2804 COMMISSION — MEMBERS — QUALIFICATIONS — APPOINTMENT — COMPENSATION.
Status: in_force

22-2804. commission — members — qualifications — appointment — compensation. (1) There is hereby created and established in the department the Idaho honey commission to be known and designated as such, and shall be composed of the director of the department and three (3) members who shall be honey producers or beekeepers.

(2) Each member shall be a resident citizen of the state of Idaho for a period of five (5) years prior to his appointment, shall be a commercial beekeeper as defined in section 22-2502, Idaho Code, actively engaged in honey production, registered as a beekeeper with the department, and deriving a substantial portion of his income from honey production, or be the directing or managing head of a corporation, firm, partnership or other business unit that derives a substantial portion of its income from honey production. To continue as a member of the commission each member must remain qualified pursuant to the provisions of this section.

(3) The executive committee of the Idaho honey industry association may request the removal of a commissioner, with or without cause, by a majority vote. Upon receipt of such a request, the governor may immediately withdraw the commissioner's appointment.

(4) The Idaho honey industry association shall meet for the purpose of nominating members of the commission. The board of directors shall review the names of active beekeepers in Idaho that meet the qualifications as provided in this section. By June 1 of each year, the names of two (2) honey producers or beekeepers nominated by the association for each vacancy occurring on the commission shall be submitted to the governor for his consideration. From such list of nominees, the governor shall designate and appoint one (1) member for each vacancy on the commission.

(5) Members shall serve for a term of three (3) years. Terms shall expire on the last day of June of the year in which the term for which the member was appointed terminates. Provided however, each member shall serve until his respective successor is appointed and qualified. Appointments to fill vacancies shall be for the balance of the unexpired term.

(6) Commission members shall elect a chairman. The chairman may delegate the function of the Idaho honey commission to an administrator whose function will be subject to the approval of the Idaho honey commission.

(7) A majority of the members of the commission shall constitute a quorum for the transaction of all business and the carrying out of the duties of the commission. 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.

(8) Each member of the commission shall be compensated as provided by section 59-509(n), Idaho Code. The commission shall meet regularly once each fiscal year at a date established by said commission in its designated business office, and it shall fix the time and place of special meetings as may be deemed necessary by the chairman of the commission.

History:

[22-2804, added 2015, ch. 124, sec. 3, p. 313; am. 2026, ch. 218, sec. 2, p. 911.]
Idaho Code § 22-421A — Idaho Code / Title 22 / Chapter 4 / Section 22-421A
22-421A INJUNCTION.
Status: in_force

22-421A. Injunction. When in the performance of his duties the director applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rules and regulations promulgated under this chapter, the injunction is to be issued without bond.

History:

[22-421A, added 1987, ch. 188, sec. 10, p. 381.]
Idaho Code § 22-2605 — Idaho Code / Title 22 / Chapter 26 / Section 22-2605
22-2605 PRELIMINARY INVESTIGATION.
Status: in_force

22-2605. Preliminary investigation. Every group of persons contemplating the organization of an association under this chapter, is urged to communicate with the department of agriculture, who will inform it whatever a survey of the marketing conditions affecting the commodities to be handled by the proposed association indicates regarding probable success.

History:

[(22-2605) 1921, ch. 124, sec. 5, p. 298; I.C.A., sec. 22-2005.]
Idaho Code § 22-3403 — Idaho Code / Title 22 / Chapter 34 / Section 22-3403
22-3403 EXPERIMENTAL PERMITS.
Status: in_force

22-3403. Experimental permits. Provided that the state is authorized by the Administrator of EPA to issue experimental permits and subject to the terms and conditions of such authorization, the director may:

(1) Issue an experimental permit to any person applying for an experimental permit if he determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide for a special local need under section 22-3402(5), Idaho Code, and that the pesticide use under the proposed terms and conditions would not cause unreasonable adverse effects on the environment.

(2) Prescribe terms, conditions, and period of time for the experimental permit.

(3) Revoke or modify any experimental permit, at any time, if he finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.

History:

[22-3403, added 1976, ch. 190, sec. 2, p. 695; am. 1996, ch. 22, sec. 3, p. 49.]
Idaho Code § 22-2911 — Idaho Code / Title 22 / Chapter 29 / Section 22-2911
22-2911 DECLARATION OF POLICY.
Status: in_force

22-2911. Declaration of policy. The production of beans is one of the major agricultural activities of the state of Idaho. Idaho beans are equal, if not superior, to beans grown elsewhere in the United States. However, because the bean industry in this state has failed to adequately advertise, develop and improve the superior quality of Idaho beans on a nationwide scale, this state does not enjoy its fair share of the national bean market. In the interests of the welfare and general prosperity of the people of this state, to avoid further unnecessary losses in the national bean market, and to carry on research into the growth, production and marketing of beans in Idaho, in order that the health-giving qualities and food value of our beans may become well-known throughout the United States, it is the purpose of this act to provide for and promote national advertising of Idaho beans, and to further provide for comprehensive studies and research analyses into the future production, growing, and marketing of Idaho beans.

History:

[22-2911, added 1957, ch. 94, sec. 1, p. 158.]
Idaho Code § 22-4004 — Idaho Code / Title 22 / Chapter 40 / Section 22-4004
22-4004 QUALIFICATION OF MEMBERS.
Status: in_force

22-4004. Qualification of members. Members of the commission shall be selected and appointed because of their ability and disposition to serve the state's interest and for knowledge of the state's natural resources. Members appointed by the governor shall be citizens over twenty-five (25) years of age, residents of the state who have been actually engaged in growing barley in this state for at least five (5) years, and who derive a substantial portion of their income from growing barley in the state of Idaho. There shall be one (1) member from each of the following three (3) districts initially established as follows:

District 1. Boundary, Bonner, Kootenai, Shoshone, Benewah, Latah, Clearwater, Nez Perce, Lewis, Idaho, Adams, Valley and Washington Counties.

District 2. Payette, Gem, Boise, Custer, Canyon, Ada, Elmore, Camas, Blaine, Butte, Gooding, Lincoln, Jerome, Minidoka, Owyhee, Twin Falls and Cassia Counties.

District 3. Lemhi, Clark, Fremont, Jefferson, Madison, Teton, Bingham, Bonneville, Power, Bannock, Caribou, Oneida, Franklin and Bear Lake Counties.

History:

[22-4004, added 1988, ch. 194, sec. 1, p. 352.]
Idaho Code § 22-2221 — Idaho Code / Title 22 / Chapter 22 / Section 22-2221
22-2221 COOPERATION WITH OTHER GOVERNMENT AGENCIES.
Status: in_force

22-2221. Cooperation with other government agencies. The director may cooperate with and enter into agreements with other government agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purposes of this chapter.

History:

[22-2221, added 2001, ch. 250, sec. 3, p. 914.]
Idaho Code § 22-5101 — Idaho Code / Title 22 / Chapter 51 / Section 22-5101
22-5101 SHORT TITLE OF ACT.
Status: in_force

22-5101. Short title of act. This act shall be known as the "Seed Indemnity Fund Law."

History:

[22-5101, added 2002, ch. 256, sec. 1, p. 736.]
Idaho Code § 22-2321 — Idaho Code / Title 22 / Chapter 23 / Section 22-2321
22-2321 NURSERY STOCK STANDARDS.
Status: in_force

22-2321. Nursery stock standards. Nursery stock standard for grade, quality and size shall be those as published by the American nursery and landscape association. The department shall not actively enforce these standards except in the case of a complaint or dispute.

History:

[22-2321, added 1998, ch. 89, sec. 21, p. 313.]
Idaho Code § 22-2313 — Idaho Code / Title 22 / Chapter 23 / Section 22-2313
22-2313 ISSUANCE OF SHIPPING PERMIT NUMBERS.
Status: in_force

22-2313. Issuance of shipping permit numbers. (1) The department may issue a shipping permit number to any licensee who requests or requires one.

(2) When authorized or required by the department, the shipping permit number shall accompany all shipments and deliveries of nursery or florist stock. Authorization for such use of a shipping permit number shall be renewed at least annually, subject to rules promulgated by the director. Use of a shipping permit number without proper authorization shall constitute a violation of this chapter.

History:

[(22-2313) added 1984, ch. 231, sec. 2, p. 558; am. and redesig. 1998, ch. 89, sec. 13, p. 311.]
Idaho Code § 22-603 — Idaho Code / Title 22 / Chapter 6 / Section 22-603
22-603 DEFINITIONS.
Status: in_force

22-603. Definitions. When used in this chapter:

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

(2) "Brand" means a term, design, or trademark used in connection with one (1) or several grades of fertilizer.

(3) "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate.

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

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

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

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

(8) "Department" means the Idaho state department of agriculture or its authorized representative.

(9) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend fertilizer, or to offer for sale, sell, barter or otherwise distribute or supply fertilizer in this state.

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

(11) "Fertilizer" means any substance containing one (1) or more recognized plant nutrient which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, and includes limes and gypsum. It does not include unmanipulated animal manure and vegetable organic waste-derived material, or biosolids regulated under the code of federal regulations, 40 CFR 503, as amended.

(a) "Bulk fertilizer" means a fertilizer distributed in a nonpackaged form.

(b) "Customer formula fertilizer" means a mixture of fertilizer or materials of which each batch is mixed according to the specific instructions of the final purchaser.

(c) "Fertilizer material" means a fertilizer which either:

(i) Contains important quantities of no more than one (1) of the primary plant nutrients: nitrogen (N), phosphate (P2O5) and potash (K2O), or

(ii) Has eighty-five percent (85%) or more of its plant nutrient content present in the form of a single chemical compound, or

(iii) Is derived from a plant or animal residue or byproduct or natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.

(d) "Micronutrient fertilizer" means a fertilizer that contains valuable concentrations of micronutrients, but does not contain valuable concentrations of total nitrogen (N), available phosphate (P2O5), soluble potash (K2O), calcium (Ca), magnesium (Mg), or sulfur (S).

(e) "Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials.

(f) "Packaged fertilizer" means fertilizers, either agricultural or specialty, distributed in nonbulk form.

(g) "Specialty fertilizer" means a fertilizer distributed for nonagricultural use.

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

(12) "Grade" means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. Provided however, that specialty fertilizers may be guaranteed in fractional units of less than one percent (1%) of total nitrogen, available phosphate, and soluble potash: provided further, that fertilizer materials, bone meal, and similar materials may be guaranteed in fractional units.

(13) "Guaranteed analysis" means the minimum percentage of plant nutrients claimed, for a total nitrogen, available phosphate, or soluble potash fertilizer, consistent with the grade and in the following order and form:

(a) Total nitrogen

Available phosphate

Soluble potash

(b) Unless approved by the department, all fertilizer intended for agricultural use with a total nitrogen, available phosphate, or soluble potash guarantee shall contain five percent (5%) or more of available nitrogen, phosphate, or potash, singly, collectively, or in combination.

(c) For unacidulated mineral phosphatic materials and basic slag, the guaranteed analysis shall contain both total and available phosphate and the degree of fineness. For bone, tankage, and other organic phosphatic materials, the guaranteed analysis shall contain total and available phosphate.

(d) The guaranteed analysis for limes shall include the percentage of calcium or magnesium expressed as their carbonate; the calcium carbonate equivalent as determined by methods prescribed by the association of official analytical chemists, international (AOAC); and the minimum percentage of material that will pass respectively a one hundred (100) mesh, sixty (60) mesh, and ten (10) mesh sieve.

(e) The guarantees for nutrients other than total nitrogen, available phosphate and soluble potash shall be expressed in the form of the element. The source (oxides, salts, chelates, etc.) of such other nutrients may be required to be stated on the application for registration and shall be included on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the department. Other guarantees shall not be included with the guarantee for nutrients, but shall be listed separately as "nonnutrient substances." When any plant nutrients or other substances or compounds are guaranteed they shall be subject to inspection and analysis in accordance with the methods and rules prescribed by the department.

(f) In a fertilizer with the principal constituent of calcium sulfate (gypsum), the percentage of calcium sulfate ( CaSO42H2O ) shall be given along with the percentage of total sulfur (S).

(14) "Investigational allowance" means an allowance for variations inherent in the taking, preparation and analysis of an official sample of fertilizer.

(15) "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer.

(16) "Labeling" means all written, printed, or graphic matter, upon or accompanying any fertilizer, or advertisements, brochures, posters, and television and radio announcements used in promoting the sale of such fertilizer.

(17) "Lime" means a substance or a mixture of substances, the principal constituent of which is calcium carbonate ( CaCO3 ), calcium hydroxide (Ca(OH)2), calcium oxide (CaO), magnesium carbonate (MgCO3), magnesium hydroxide (Mg(OH)2) or magnesium oxide (MgO), singly or combined, and capable of neutralizing soil acidity.

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

(19) "Manufacture" means to compound, produce, granulate, mix, blend, repackage, or otherwise alter the composition of fertilizer materials.

(20) "Micronutrient" means boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), nickel (Ni), sodium (Na), and zinc (Zn).

(21) "Official sample" means any sample of fertilizer taken by the director or his authorized agent and designated as "official" by the department.

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

(23) "Packaged fertilizer" means fertilizers, either agricultural or specialty, distributed in nonbulk form.

(24) "Percent" or "percentage" means the percentage by weight.

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

(26) "Primary nutrient" means total nitrogen, available phosphate, and soluble potash.

(27) "Production" means to compound or fabricate a fertilizer through a physical or chemical process. Production does not include mixing, blending, or repackaging fertilizer products.

(28) "Registrant" means the person who registers fertilizer under the provisions of this act.

(29) "Storage container" means a container, including a railcar, nurse tank or other container that is used or intended for the storage of bulk liquid or dry fertilizer. It does not include a mobile container at a storage facility for less than fifteen (15) days if this storage is incidental to the loading or unloading of a storage container at the bulk fertilizer storage facility. Storage container does not include underground storage containers or surface impoundments such as lined ponds or pits.

(30) "Storage facility" means a location at which undivided quantities of liquid bulk fertilizer in excess of five hundred (500) U.S. gallons or undivided quantities of dry bulk fertilizer in excess of fifty thousand (50,000) pounds are held in a storage container. Temporary field storage of less than thirty (30) days is not considered a storage facility.

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

(32) "Tonnage-only distributor" means any person who assumes the responsibility for inspection fees and reports. A tonnage-only distributor must register with the department on forms provided by the director.

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

History:

[22-603, added 2000, ch. 295, sec. 2, p. 1013; am. 2001, ch. 147, sec. 2, p. 516; am. 2008, ch. 131, sec. 1, p. 365; am. 2022, ch. 27, sec. 1, p. 75.]
Idaho Code § 22-4013 — Idaho Code / Title 22 / Chapter 40 / Section 22-4013
22-4013 ESTABLISHMENT OF ADMINISTRATOR'S OFFICE.
Status: in_force

22-4013. Establishment of administrator's office. For the convenience of the majority of those most likely to be affected in the administration of the provisions of this chapter, the administrator, upon recommendation of the commission, shall establish and maintain an office for the administrator within the state of Idaho.

History:

[22-4013, added 1988, ch. 194, sec. 1, p. 355.]
Idaho Code § 22-1913 — Idaho Code / Title 22 / Chapter 19 / Section 22-1913
22-1913 PENALTIES FOR VIOLATIONS.
Status: in_force

22-1913. Penalties for violations. (1) Any person who knowingly violates any provision of this chapter, or of the rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with the department, its agents, designees or employees, in the execution, or on account of the execution of its or their duties under this chapter or rules promulgated hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than three thousand dollars ($3,000) or be imprisoned in a county jail for not more than twelve (12) months or be subject to both such fine and imprisonment.

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

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

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

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

(d) Any person against whom the department has assessed a civil penalty under the provisions of this section may, within twenty-eight (28) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.

(e) All civil penalties collected pursuant to this section shall be remitted to the invasive species fund as authorized under section 22-1911, Idaho Code.

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

History:

[22-1913, added 2008, ch. 387, sec. 1, p. 1065.]
Idaho Code § 22-2308 — Idaho Code / Title 22 / Chapter 23 / Section 22-2308
22-2308 AGENT'S LICENSE.
Status: in_force

22-2308. Agent's license. (1) No agent's license shall be issued or valid unless the agent's principal has given the department written authorization to issue the license.

(2) An agent's license shall be automatically suspended during any period when he is not acting as an agent or the principal has withdrawn or cancelled the authorization.

(3) If his license has not expired, an agent may revive his license by giving notice to the department that he is again acting as an agent. If the agent represents a principal other than the one who gave the written authorization to issue the license, subsection (1) of this section applies.

History:

[(22-2308) added 1984, ch. 231, sec. 2, p. 557; am. and redesig. 1998, ch. 89, sec. 8, p. 310.]
Idaho Code § 22-204 — Idaho Code / Title 22 / Chapter 2 / Section 22-204
22-204 DUTIES OF COUNTY FAIR BOARD — BONDS OF MEMBERS — MEETINGS — FURTHER DUTIES.
Status: in_force

22-204. Duties of county fair board — Bonds of members — Meetings — Further duties. The county fair board shall be charged with the care and custody of all property belonging to the county and used for fair purposes, and shall be responsible for all moneys received by it, raised by tax levy or levies for fair purposes as well as all receipts from the operation of the fair and any other moneys received from other sources for fair purposes. Each member of the county fair board shall file with the board of county commissioners a bond or other form of financial responsibility suitable to the county commissioners in the sum of not less than one thousand dollars ($1,000) to be approved by the board of county commissioners. The county fair board shall conduct all of its business at the place designated by the board of county commissioners as the place for conducting the county fair, which shall be the place of business of the county fair board. It shall meet at such times and places as the county fair board deems necessary in compliance with the open meeting law.

It shall safely keep or cause to be safely kept all moneys coming into its care, custody or possession in strict compliance with the provisions of the public depository law of this state. It shall formulate in writing and file in its office all plans adopted by it from time to time in connection with the conduct of the business of the county fair, and also file a copy of the same with the board of county commissioners of the county. It shall keep or cause to be kept proper records of its proceedings, business transactions, and true and proper accounts of all moneys received by it and expended or on hand; and it shall require proper vouchers evidencing all disbursements of money. The records of the board shall be open to inspection by any taxpayer or voter within the county during all regular office hours. The board shall publish in at least one (1) issue of the official newspaper of the county a detailed statement of all moneys received and expended in connection with the operation of any fair or fairs, within ninety (90) days after the holding of any such fair within the county.

It shall take charge of and manage all such property as the county may have acquired or set aside for fair purposes pursuant to the provisions of section 31-822, Idaho Code. It may recommend to the board of county commissioners that such board purchase such real and personal property as may be needed for fair purposes. It shall have power to employ labor, award prizes, make exhibition contracts, fix and charge admission and entrance fees, let contracts for concessions or services to be conducted at the fair or under the direction of the county fair board, but if any concession or service is to extend for a period of less than twelve (12) days in a calendar year, the concession or service may be awarded without bid, and do all other things necessary for holding county fairs. It shall fix the salaries of the secretary and treasurer and prescribe the time and manner of payment. The county fair board shall not have the power to create any indebtedness in excess of the amount to be derived from the special levies for each year and the estimated income from annual fair receipts, nor shall it mortgage or otherwise pledge or encumber any of the real or personal property owned by the county and used for fair purposes.

History:

[(22-204) 1929, ch. 208, sec. 4, p. 411; I.C.A., sec. 22-204; am. 1973, ch. 179, sec. 1, p. 412; am. 1981, ch. 47, sec. 1, p. 70; am. 1988, ch. 228, sec. 1, p. 440; am. 2000, ch. 17, sec. 1, p. 33.]
Idaho Code § 22-103 — Idaho Code / Title 22 / Chapter 1 / Section 22-103
22-103 DUTIES OF DIRECTOR.
Status: in_force

22-103. Duties of director. The director of the department of agriculture shall execute the powers and discharge the duties vested by law in him or in the department, including, but not limited to, the following:

(1) Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and evaluate the performance of all employees of the department.

(2) Designate employees for special assignment, office or function as the needs of the department may require.

(3) Acquire, generate, develop and disseminate information and data concerning agricultural pursuits, productivity and product quality.

(4) Encourage and promote in every practical manner, the interests of agriculture, horticulture, apiculture, aquaculture, the livestock industries, poultry and fowl raising, wool and fur-bearing animals and their allied industries.

(5) Assist, encourage and promote the organization of farmers' institutes, agricultural, horticultural, management or cooperative societies and organizations for the benefit of agricultural pursuits in this state.

(6) Promote improved methods of production, storage, sales and marketing of agricultural industries.

(7) Establish and promulgate standards of construction, use and sanitation of open and closed receptacles for farm products and standards for grade or other classification of farm products.

(8) Prescribe and promulgate rules governing marks, brands and labels, and the registration thereof, for use upon receptacles for farm products.

(9) Promote, in the interest of the public, economical and efficient use of products and commodities used in the production of agricultural, horticultural, meats and other products and farm commodities and their distribution.

(10) Cooperate with producers, processors and consumers in devising and maintaining economical and efficient systems of distribution and assist in the reduction of waste and expense incidental to the marketing of agricultural products.

(11) Cooperate with the secretary, colleges and universities, experiment stations, and other agencies which cooperate in devising, research and development and utilization of improved agricultural production and other activities.

(12) Investigate the practices, methods of factors, management techniques of commission merchants, track buyers and others who receive, solicit, buy, sell, handle on commission or otherwise, or deal in grains, eggs, livestock, vegetables or other products used as human foods, to the end that distribution of such commodities through such factors, commission merchants, track buyers and others be efficiently and economically accomplished without hardship, waste or fraud.

(13) Enter and inspect any right-of-way of any irrigation canal, railway, public highway, field, orchard, nursery, fruit or vegetable packing house, storeroom, sales room, storage facility, depot or other place where fruits and vegetables are grown or stored and to inspect fruits, trees, plants, vines, shrubs or other articles within the state, and if such places or articles are infested with pests, insects or their eggs or larvae, or with any contagious or transmittable diseases injurious to plant life, to abate or eradicate the same as a nuisance.

(14) Provide treatment for and prevent the spread of infectious or communicable diseases among bees, livestock, fur-bearing animals or domestic animals through the systematic and periodic inspection, testing or treatment of such bees and animals at the expense of the owner thereof.

(15) Protect the livestock interests of the state from losses due to disease or hazards to animal health and communicable to humans through agricultural products. The director is authorized to regulate, as deemed necessary, commercial livestock truck-washing facilities. This includes permitting for the treatment or disposal, at any location, of any wash water generated by the facility. This subsection preempts the Idaho department of environmental quality's authority to issue land application permits and to do plan and specification reviews under section 39-118, Idaho Code, for livestock truck-washing facilities, but does not affect any other authority of the Idaho department of environmental quality.

(16) Maintain recording of earmarks, eartags or other identifying marks not covered under any other provisions of law.

(17) Purchase, lease, hold, sell, and dispose of real and personal property of the department when, in the judgment of the director, such transactions promote the purposes for which the department is established.

(18) Contract with any state agency, federal agency or agency of another state concerning any matter, program or cooperative effort within the scope and jurisdiction of its authority pursuant to law.

(19) Assist in the improvement of country life, farm occupations and to cooperate in effectuating equality of opportunity of those employed in agricultural pursuits in the state of Idaho.

(20) Investigate diseases, contamination of livestock and poultry, agricultural, horticultural, and farm products suspected to be infected or contaminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botanical or other disease-producing agents, or carrying a residue of any such disease-producing agent or chemical in excess of any tolerance established by federal or state law or regulation and to examine, conduct tests, and issue "hold orders" on any livestock, poultry, agricultural, horticultural or farm products as deemed necessary to effectuate a diagnosis of disease, contamination or chemical level to safeguard and protect animal and man. And additionally, authorize and implement a predator control program on state and private lands using any kind of toxic material or substance suitable for such purpose. Any toxic material or substance shall be approved for use by the director. In order to carry out the provisions of this subsection, the director shall prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.

(21) May assess an interest charge on accounts that are thirty (30) days past due from the initial billing date or the assessment due date. The interest rate charged shall not exceed twelve percent (12%) per annum.

(22) To take all steps that are deemed necessary to prevent and control damage or conflicts on federal, state, or other public or private lands caused by predatory animals, rodents, or birds, including threatened or endangered wildlife within the state of Idaho, as are established by federal or state law, federal or state regulation, or county ordinance, that are injurious to animal husbandry, agriculture, horticulture, forestry, wildlife and human health and safety.

(23) Administer a range program to provide support, coordination and expertise to Idaho rangeland livestock producers and land and wildlife management agencies for the planning and management of vegetation, grazing permits and other rangeland resources that are of importance to the livestock industry. The program shall also provide technical expertise and support to state and industry entities in reviewing various federal environmental impact statements, federal environmental assessments and other state and federal proposals that impact grazing, vegetation management or other rangeland resources or uses important to the livestock industry.

(24) To administer oaths, certify to all official acts and subpoena any person in this state as a witness; to compel through subpoena the production of books, papers, and records; and to take the testimony of any person on deposition in the same manner as prescribed by law in the procedure before the courts of this state. A subpoena issued by the director shall extend to all parts of the state and may be served by any person authorized to do so. All powers of the director enumerated in this subsection with respect to administering oaths, power of subpoena, and other powers in hearings on complaints shall likewise be applicable to hearings held on applications for the issuance or renewal of licenses.

(25) To appoint, as necessary, committees for the purpose of advising the director on any and all matters relating to agricultural programs within the Idaho department of agriculture.

(26) Cooperate with producers, industry and technology groups, and other agencies to encourage the growth of technology within the state's agricultural industries while protecting, as necessary, the integrity of existing agriculture and agricultural marketing channels.

History:

[22-103, added 1974, ch. 18, sec. 2, p. 364; am. 1976, ch. 90, sec. 1, p. 304; am. 1978, ch. 238, sec. 1, p. 508; am. 1982, ch. 9, sec. 1, p. 12; am. 1990, ch. 376, sec. 1, p. 1039; am. 1993, ch. 30, sec. 1, p. 98; am. 1994, ch. 96, sec. 1, p. 219; am. 1998, ch. 120, sec. 1, p. 448; am. 2002, ch. 104, sec. 1, p. 282; am. 2006, ch. 220, sec. 1, p. 657; am. 2009, ch. 32, sec. 1, p. 87; am. 2009, ch. 123, sec. 1, p. 388; am. 2010, ch. 79, sec. 4, p. 134; am. 2011, ch. 95, sec. 1, p. 206; am. 2020, ch. 142, sec. 1, p. 433.]
Idaho Code § 22-3302 — Idaho Code / Title 22 / Chapter 33 / Section 22-3302
22-3302 WHEAT COMMISSION CREATED — MEMBERS.
Status: in_force

22-3302. Wheat commission created — Members. There is hereby created and established in the department of self-governing agencies the "Idaho Wheat Commission" to be composed of five (5) members appointed by, and serving at the pleasure of, the governor, one (1) from each of the five (5) commission districts referred to in section 22-3304, 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 state wheat growers association, doing business as the Idaho grain producers association, and they shall hold office for a term of five (5) years. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, shall be an ex officio member without vote of the commission.

History:

[22-3302, added 1959, ch. 6, sec. 2, p. 13; am. 1974, ch. 13, sec. 11, p. 138; am. 2012, ch. 77, sec. 2, p. 223.]
Idaho Code § 22-4504 — Idaho Code / Title 22 / Chapter 45 / Section 22-4504
22-4504 LOCAL ORDINANCES.
Status: in_force

22-4504. Local ordinances. No city, county, taxing district or other political subdivision of this state shall adopt any ordinance or resolution that declares any agricultural operation, agricultural facility or expansion thereof that is operated in accordance with generally recognized agricultural practices to be a nuisance, nor shall any zoning ordinance that requires abatement as a nuisance or forces the closure of any such agricultural operation or agricultural facility be adopted. Any such ordinance or resolution shall be void and shall have no force or effect. Zoning and nuisance ordinances shall not apply to agricultural operations and agricultural facilities that were established outside the corporate limits of a municipality and then were incorporated into the municipality by annexation. The county planning and zoning authority may adopt a nuisance waiver procedure to be recorded with the county recorder or appropriate county recording authority pursuant to residential divisions of property.

History:

[22-4504, added 1994, ch. 107, sec. 2, p. 239; am. 1997, ch. 341, sec. 2, p. 1026; am. 2011, ch. 229, sec. 3, p. 625.]
Idaho Code § 22-4713 — Idaho Code / Title 22 / Chapter 47 / Section 22-4713
22-4713 APPOINTMENT OF ADMINISTRATOR — DUTIES AND SALARY.
Status: in_force

22-4713. Appointment of administrator — Duties and salary. The commission may appoint an administrator to devote as much time to the administration of the act as deemed necessary by the commission. He shall proceed immediately to prepare the plans and general program necessary and proper to carry out the policies that are adopted by the commission. The administrator shall be paid a reasonable salary fixed by the commission, commensurate with his duties, and all necessary expenses. The administrator shall serve at the discretion of the commission members.

History:

[22-4713, added 1996, ch. 216, sec. 1, p. 707.]
Idaho Code § 22-4005 — Idaho Code / Title 22 / Chapter 40 / Section 22-4005
22-4005 TERM OF MEMBERS.
Status: in_force

22-4005. Term of members. (1) Except as provided in subsection (3) of this section, the term of office of a member of the barley commission shall be three (3) years. Any member of the commission who has served for two (2) full consecutive terms shall not be eligible for reappointment until the expiration of a three (3) year period.

(2) Appointments to fill vacancies shall be for the balance of the unexpired term.

(3) (a) Beginning July 1, 1988, a member from district 1 will be appointed for a full four (4) year term ending in 1992. Subsequent terms will be for three (3) years.

(b) Beginning July 1, 1988, a member from district 2 will be appointed for a full three (3) year term ending in 1991. Subsequent terms will be for three (3) years.

(c) Beginning July 1, 1988, a member from district 3 will be appointed for a full two (2) year term ending in 1990. Subsequent terms will be for three (3) years.

(4) 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:

[22-4005, added 1988, ch. 194, sec. 1, p. 353; am. 2012, ch. 263, sec. 2, p. 731.]
Idaho Code § 22-2005 — Idaho Code / Title 22 / Chapter 20 / Section 22-2005
22-2005 DEFINITIONS.
Status: in_force

22-2005. Definitions. When used in this chapter:

(1) "Acceptable level" means the probable level of harm that is so low that the imposition of phytosanitary requirements is not required; or the probable level of harm that the trade partners agree to achieve through or by the imposition of pest risk mitigation measures or strategies and accept for continued trade when confirmed by phytosanitary certification of specified host commodities.

(2) "Agent" means any person who on behalf of any other person receives on consignment, contracts for, or solicits for sale on commission, any plant product from a producer of such product, or who negotiates the consignment or purchase of any plant product on behalf of any other person.

(3) "Agricultural commodities" means plant products including any horticultural product.

(4) "Agriculture" means the production of plants.

(5) "Appliance" means any box, tray, container, ladder, tent vehicle, implement or other article which is, or may be, used in connection with the growing, harvesting, handling or transportation of any agricultural commodity.

(6) "Area" means any political division or subdivision or any officially defined area including adjacent parts of contiguous political divisions or subdivisions. Political divisions include nations and states or provinces within nations and states. Political subdivisions include counties, parishes and cities or municipalities. Officially defined areas also may include any other clearly defined and identifiable area including a specific property or facility.

(7) "Certificate" means a document authorized or prepared by a duly authorized federal or state regulatory official that affirms, declares or verifies that an article, nursery stock, plant product, shipment or any other officially regulated article meets phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or certification, or other set of legal requirements. Such documents are known by their purpose of issuance: phytosanitary certificate, for the purpose of verifying compliance with phytosanitary or quarantine requirements; nursery stock certificate, for the purpose of verifying compliance with nursery inspection and pest freedom standards; registration or certification tags and seals, for the purpose of verifying compliance with registration or certification requirements.

(8) "Certification" means the official act of affirming, declaring or verifying compliance with phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or any other set of legal requirements.

(9) "Compliance agreement" means any written agreement between a person and a duly authorized regulatory agency to achieve compliance with any set of requirements being enforced by the agency.

(10) "Control" means abatement, suppression, containment or eradication of a pest population.

(11) "Control order" means a written directive from the director requiring the control of a pest.

(12) "Conveyance" means a method of transportation.

(13) "Crop management area" means that area in which certain specified crop management practices are required.

(14) "Crop seed" means the seed or seedlike fruit of grain, beans, flax, beets, onions or any other crop whether or not it is intended for planting purposes.

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

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

(17) "Economic impacts" means significant damage or harm in terms of well documented:

(a) Plant or crop destruction or injury;

(b) Increased cultural or pest control costs;

(c) Disruption of existing pest control strategies such as biological control, integrated pest management, sustainable agriculture or forestry, and cropping patterns or loss of a high value crop without replacement by an equally valuable and marketable crop;

(d) Social adversities such as interference with home or urban gardening, human health, worker safety, food safety or jobs; or

(e) Environmental quality including added pesticide use, scenic and watershed damage, destruction of ecosystems and food chain interference.

(18) "Economically unacceptable impact" means that level of adverse economic impact which is identified and defined for plants for planting by a duly authorized federal or state plant protection organization.

(19) "Endangered area" means continent, region, country, state, county, province, municipality or any other delineated political or otherwise lawfully constituted geographic area which has been officially identified for protection from injurious pests not already present.

(20) "Eradication" means elimination of a pest based on absence determined by a negative, mutually agreed upon verification survey for the target pest.

(21) "Farm product" includes, but is not limited to, every agricultural, horticultural, viticultural, apicultural, floricultural and vegetable product, including honey bees.

(22) "Free from" means that either a valid detection survey has been performed or there is no published record showing that a specific pest is present; or that the article, nursery stock, plant, plant product or any other regulated article has been visually inspected or tested in accordance with specified requirements and that no live life stage of the regulated pest(s) was found.

(23) "Grain" means any crop seed intended for human or animal consumption.

(24) "Hold order or stop sale" means any written directive issued by the director to a person who owns or controls any appliance, article, nursery stock, plant, plant product or any other article that has been determined to be, or likely to be, infested with regulated pest(s) or otherwise not in compliance with this chapter or rules promulgated hereunder, prohibiting movement from one location to another, except as otherwise prescribed in the directive.

(25) "Host" means any appliance, article, commodity, nursery stock, plant, plant product or any other item which may or may not be capable of transporting a pest from one place to another.

(26) "Infected" means a plant that has been determined by the department to be contaminated with an infectious, transmissible, or contagious plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. This includes disease conditions, regardless of their mode of transmission, or any disorder of plants which manifest symptoms which, after investigation, are determined by a federal or state plant protection organization to be characteristic of an infectious, transmissible or contagious disease.

(27) "Infested" means a plant that has been determined by the department to be contaminated by a plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist.

(28) "Investigator" means any person duly authorized by the director to perform any required regulatory activity.

(29) "Limited distribution" means a pest known to occur in the state, but with a limited distribution to a single small geographic area or a few small geographic areas which are widely separated within the state.

(30) "Management area" means that area in which certain specified crop management practices are required.

(31) "Mark" means, for purposes of identification or separation, the department may affix a conspicuous official indicator to, on, around or near, plants or plant material known, or suspected to be, infected or infested with a plant pest. This includes, but is not limited to: paint, markers, tags, seals, stickers, tape, signs or placards.

(32) "Move" means to ship, offer for shipment, receive for transport, carry or, in any manner whatsoever, relocate a regulated article from one place to another.

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

(34) "Official" means authorized, implemented and directed, or performed by a government plant protection organization.

(35) "Officially controlled" means the conduct, by an official government plant protection organization, of eradication or intensive suppression activity including various treatments, quarantine and other measures with the goal of eliminating an isolated infestation or prevention of further spread within the endangered area. It does not include private general agricultural, urban forestry or home garden pest control measures conducted by persons against pests permanently established in an endangered area.

(36) "Owner" means the person, with the legal right of possession, proprietorship of, or responsibility for the property or place where any of the regulated articles as defined in this chapter are to be found, or the person who is in possession of, in proprietorship of, or has responsibility for the regulated articles.

(37) "Pathway" means any natural or artificial means or avenue that allows for the movement of a pest from one area to another.

(38) "Permit" means any official document that allows the movement of any regulated article from one location to another in accordance with specified conditions or requirements and for a specified purpose.

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

(40) "Pest" means any insect, snail, rodent, nematode, fungus, virus, bacterium, microorganism, mycoplasma-like organism, weed, plant, or parasitic higher plant and any other pest as defined by rule or any of the following that is known to cause damage or harm to agriculture or the environment:

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

(b) Any form of invertebrate animal life;

(c) Any form of plant life.

(41) "Pest-free area" means an area kept free from a specific pest.

(42) "Pest risk analysis" means characterizing the nature of pest hazard or harm; identifying the degree of probability or likelihood of harm; analyzing the degree to which risk mitigation measures or strategies can reduce the probability of harm to an acceptable level; and recommending pest risk mitigation measures or strategies.

(43) "Phytosanitary" means plant health.

(44) "Phytosanitary measures" means any growing season or postharvest treatment or any other method (tactic) or strategy (combination of methods or tactics) specified in a quarantine to reduce pest risk to an acceptable level.

(45) "Plant" means any part of a plant, tree, aquatic plant, plant product, plant material, shrub, vine, fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit pit, also including:

(a) Agricultural commodities;

(b) Noncultivated or feral plants gathered from the environment;

(c) Plants produced by tissue culture, cloning or from stem cell cultures or other prepared media culture.

(46) "Plants for planting" means any part of a plant that is intended to be planted.

(47) "Preclearance" means an agreement between quarantine officials of exporting and importing states or countries to pass plants through quarantine by allowing the exporting state or country to inspect the plants preshipment, rather than the importing state or country inspecting the shipment upon arrival.

(48) "Public nuisance" means any premises, plant, appliance, conveyance or article which is infected or infested with any plant pest that may cause significant damage or harm, or premises where any plant pest is found.

(49) "Quarantine" means a restriction imposed by a duly authorized plant regulatory agency whereby the production, movement or existence of plants, or any other article or material, or the normal activity of persons, is brought under regulation, in order that the introduction or spread of a pest may be prevented or limited, or in order that a pest already introduced may be controlled or eradicated, thereby reducing or avoiding losses that would otherwise occur through damage done by the pest or through continuing cost of control measures.

(50) "Quarantine pest" means a pest of economically unacceptable impact to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled.

(51) "Registration" means the official recording of a growing location, person, plant, sales location or any other item or place as one that has met specified requirements and therefore eligible for a particular activity, operation or purpose.

(52) "Regulated article" means any item the movement of which is governed by a quarantine or any other rule.

(53) "Regulated nonquarantine pest" means a nonquarantine pest whose presence affects the intended use of plants with an economically unacceptable impact.

(54) "Regulated pest" means quarantine pest or regulated nonquarantine pest.

(55) "Regulated or restricted area" means a geographical area in which special restrictions on the management of certain plant materials are imposed.

(56) "Regulatory incident" means the detection of a pest under circumstances which indicate the absence of establishment.

(57) "Restrictive measure" means a phytosanitary measure allowing only specified actions that are subject to certain requirements.

(58) "Shipment" means anything which is, may be, or has been transported from one place to another.

(59) "Significant damage or harm" means that level of economic impact that results in damage, injury or loss that exceeds the cost of control for a particular crop.

(60) "State plant regulatory official" means the employee(s) designated to enforce the provisions of a state's plant pest laws, quarantines and rules.

(61) "State quarantine" means a rule promulgated pursuant to state authority that identifies a pest or pests and imposes requirements for certification of regulated articles as being in compliance with specified restrictions or requirements for pest freedom.

(62) "Suppressive area" means a plant pest infested area where phytosanitary measures are being applied to reduce the plant pest population and thereby limit the spread of the pest.

(63) "Survey" means the systematic search for pests in accordance with mutually agreed upon methods designed to assure confidence in their meaning and accuracy for pest prevention purposes such as control, verification of pest-free areas, identification of possible harm, evaluation of probability of harm, and taking appropriate actions to prevent predicted significant harm. Surveys may be performed for the purposes of detection, delimitation or verification.

(64) "Undesirable plant" means any plant species which is detrimental to the quality of the product of that crop, by competition, cross-pollination, or any other means to the production of the crop for which a crop management area was established.

History:

[22-2005, added 2002, ch. 89, sec. 2, p. 212.]
Idaho Code § 22-503 — Idaho Code / Title 22 / Chapter 5 / Section 22-503
22-503 POTATOES FOR PLANTING.
Status: in_force

22-503. Potatoes for planting. (1) All potatoes offered for sale, sold or delivered under contract or distributed into or within the state of Idaho for planting in the state of Idaho by any person from any state, territory, or country shall be certified and shall be accompanied by a certificate of inspection and a plant health certificate, and shall include the description of the grade, the findings of all inspections of each lot of seed, noting the name and amount of any disease observed, and generation of the potatoes and shall show that the potatoes were packed, sealed, and tagged under the certification standards of the state, territory, or country in which they were produced. Seed being imported into Idaho shall meet or exceed the Idaho certification standards for certified seed potatoes according to the Idaho rules of certification as authorized under chapter 15, title 22, Idaho Code. Imported seed lots that exceed tolerances for that specific generation required for Idaho seed, shall be downgraded to the next acceptable generation tolerances until rejection. Potatoes imported from any other state, country, or territory shall be certified and also be in compliance with other applicable rules of the department pertaining to potatoes.

(2) Idaho growers shall be allowed to plant uncertified potatoes grown by them as a part of their farming operation provided that they are no more than one (1) generation from their own certified parent seed potatoes. Uncertified potatoes planted by Idaho growers as provided for under this section must comply with all testing and any other conditions as set forth under this chapter and any rules promulgated pursuant to this chapter.

History:

[22-503, added 1939, ch. 144, sec. 3, p. 261; am. 1971, ch. 118, sec. 1, p. 401; am. 1979, ch. 181, sec. 1, p. 536; am. 1996, ch. 215, sec. 3, p. 701; am. 2000, ch. 141, sec. 2, p. 369; am. 2003, ch. 108, sec. 1, p. 347.]
Idaho Code § 22-801 — Idaho Code / Title 22 / Chapter 8 / Section 22-801
22-801 FRUIT BOXES — HOW MARKED — MISUSE OF LABELS — CANNED OR DRIED FRUIT EXCEPTED.
Status: in_force

22-801. Fruit boxes — How marked — Misuse of labels — Canned or dried fruit excepted.

(1)(a) It shall be the duty of every person growing or packing and selling, offering for sale, or shipping in boxes or packages, any fruit grown in this state, or imported into this state, to plainly mark the same on the outside of the box or package with the name of the variety contained therein or with the words "variety unknown," the name of the place or locality where grown and the name of the grower, or, in the case of sale or shipment through an association or organization of growers, the name of such association, and the lot number of the grower, and, in case of apples, pears, or peaches, the net weight or the number contained in the package.

(b) In addition to the marks required to be placed on any closed package of fruit grown in this state, the grower thereof, or association or organization of growers packing the same, shall mark on the outside of such package the grade of the fruit contained therein.

(2) It shall be unlawful:

(a) For any person to:

(i) Mark or place on any package the name of any other place or locality than the place where such fruit was grown, except the place to which shipped;

(ii) Falsely mark any such package as to variety, name of grower, association or organization, or place where grown;

(iii) Obliterate or change the original marks on any such package; or

(iv) Remark a package with the name of any other grower or of any other place than that by or in which the contents were grown, or in case such package is marked with the name of an association or organization of growers to remark the same with the name of any other association or organization;

(b) For any person, having in his possession for sale, or offering for sale, or selling any fruit grown in this state and shipped in closed packages, to repack the same in the boxes or packages of any other grower or shipper or from any other place, to sell or offer for sale in closed packages any such fruit except in the original packages, or to pack in or offer for sale, from any marked box or package, any fruit other than that originally contained or shipped therein;

(c) For any person to remark any closed package as a higher or superior grade than that originally marked by the grower thereof or association or organization packing the same; and

(d) For any person other than the grower or association or organization packing such fruit grown in this state to place on any closed package, not marked with the grade of the contents thereof, any mark or brand indicating the grade of such contents.

(3) Nothing in this section shall be construed to apply to:

(a) Canned or dried fruit; or

(b) Those operating pursuant to chapter 2, title 37, Idaho Code.

History:

[(22-801) 1919, ch. 192, sec. 1, p. 575; am. 1925, ch. 52, sec. 1, p. 76; I.C.A., sec. 22-801; am. 1937, ch. 226, sec. 1, p. 402; am. 2026, ch. 91, sec. 3, p. 506.]
Idaho Code § 22-5001 — Idaho Code / Title 22 / Chapter 50 / Section 22-5001
22-5001 DESTRUCTION OF AGRICULTURAL OR HORTICULTURAL CROP PRODUCT — DAMAGES.
Status: in_force

22-5001. Destruction of agricultural or horticultural crop product — Damages. (1) Any person or entity who willfully and knowingly damages or destroys any agricultural or horticultural crop product that is grown for personal or commercial purposes and that is also grown for testing or research in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state, or local government agency, shall be liable for twice the value of the crop damaged or destroyed, together with attorney's fees and costs.

(2) In awarding damages under this section, the courts shall consider the market value of the crop prior to damage or destruction, and production, research, testing, replacement and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop.

(3) Damages available under this section shall be limited to twice the market value of the crop prior to damage or destruction plus twice the actual damages involving production, research, testing, replacement and crop development costs directly related to the crop that has been damaged or destroyed.

History:

[22-5001, added 2001, ch. 324, sec. 1, p. 1139.]
Idaho Code § 22-2715 — Idaho Code / Title 22 / Chapter 27 / Section 22-2715
22-2715 SHORT TITLE.
Status: in_force

22-2715. Short title. This act may be known and cited as the soil conservation district law.

History:

[22-2715, added 1957, ch. 218, sec. 1, p. 476.]
Idaho Code § 22-2323 — Idaho Code / Title 22 / Chapter 23 / Section 22-2323
22-2323 DISPOSITION AND USE OF MONEY RECEIVED.
Status: in_force

22-2323. Disposition and use of money received. Fees collected shall be paid into the state treasury and credited to the agriculture inspection account created by section 22-104, Idaho Code, and such fees shall be used only to carry out the provisions of this chapter. Additionally, twenty-five dollars ($25.00) from each license fee collected under this chapter shall be credited to a special nursery research and education account. The state nursery and florist advisory committee shall approve the distribution of research and education funds to further educational outreach and research into nursery and floral production and pest control.

History:

[(22-2323) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 23, p. 314; am. 2007, ch. 52, sec. 1, p. 124.]
Idaho Code § 22-3108 — Idaho Code / Title 22 / Chapter 31 / Section 22-3108
22-3108 PAYMENT OF ASSESSMENT.
Status: in_force

22-3108. Payment of assessment. 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 hops are first handled in the primary channels of trade.

History:

[22-3108, added 1955, ch. 224, sec. 8, p. 489; am. 1967, ch. 216, sec. 4, p. 650.]
Idaho Code § 22-435 — Idaho Code / Title 22 / Chapter 4 / Section 22-435
22-435 STATE SEED ADVISORY BOARD.
Status: in_force

22-435. State seed advisory board. (1) In order to maintain close contact between the department and the seed industry, there is hereby created a state seed laboratory advisory board which shall consist of nine (9) official members and nine (9) ex officio alternates appointed by the director of the department of agriculture from a list provided by the Idaho seed council. The Idaho seed council will nominate a member and an alternate for each vacancy on the advisory board to represent the following seed commodities:

(a) Cereal grains

(b) Grasses – turf

(c) Grasses – forage

(d) Small seeded legumes

(e) Corn and small seeded vegetables

(f) Garden beans

(g) Field beans

(h) Oil crops

(i) Natives.

The executive vice-president of the Idaho crop improvement association shall serve as a permanent tenth official member of the board. The president of the Idaho seed analysts association, or his representative, shall serve as a permanent eleventh official member of the board. Additionally, without the need for any nominations, the director shall appoint one (1) grower member who shall serve as the twelfth official member of the board and serve a three (3) year term.

(2) Existing member terms will end on the last May 31 of an existing term with the successor term to begin June 1 of the same year. All terms shall be for a period of three (3) years. A member and his alternate shall serve the same length of term. Vacancies in office shall be filled by an alternate for the unexpired term.

(3) Official members or an alternate present in the absence of his respective representative will have the right to vote. A member and his respective alternate are not to work for the same employer.

(4) Members or alternates of the board shall be compensated as provided in section 59-509(a), Idaho Code.

(5) The functions of the board shall be to advise and counsel with the department in the administration of the provisions of sections 22-414 through 22-436, Idaho Code.

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

(7) At the first meeting after June 1, in each year, the board shall select a chairman. The director of the Idaho department of agriculture and the manager of the Idaho state seed laboratory in the department of agriculture or their representatives, shall be ex officio members without the right to vote.

History:

[22-435, added 1989, ch. 209, sec. 1, p. 513; am. 1995, ch. 32, sec. 1, p. 50; am. 2003, ch. 121, sec. 1, p. 369; am. 2009, ch. 38, sec. 1, p. 109.]
Idaho Code § 22-112 — Idaho Code / Title 22 / Chapter 1 / Section 22-112
22-112 PROMOTION AND CERTIFICATION OF IDAHO AGRICULTURAL PRODUCTS.
Status: in_force

22-112. Promotion and certification of Idaho agricultural products. (1) Except as provided in subsection (2) of this section, the department of agriculture may promulgate rules in compliance with chapter 52, title 67, Idaho Code, for the purpose of assisting others in the domestic and international promotion and certification of Idaho agricultural products. Programs authorized by this section are for the purpose of promoting Idaho agricultural products and/or to certify that Idaho agricultural products meet required standards in order to move in commerce. Programs authorized by this section are to be funded by the assessment of fees directly related to the provision of voluntary services and programs authorized and provided pursuant to this section. Fees assessed and collected pursuant to this section shall be deposited in the agricultural department inspection fund and subject to the provisions of section 22-105, Idaho Code.

(2) Commissions, boards, associations, or other organizations authorized by statute to promote or regulate agricultural products grown, packed, or processed in the state of Idaho pursuant to Idaho law shall be the primary and principal promotion and certification mark and trademark organizations for the particular commodity they are authorized to promote or regulate. Any trademarks, certification marks, brands, seals, logos or other identification marks, whether registered or not, that are established, owned or used by such commissions, boards, associations or organizations shall remain their sole property, and any use or infringement of their ownership right is prohibited unless written permission is obtained from an authorized representative of the commission, board, association or organization.

(3) A commission, board, association or other organization referenced in subsection (2) of this section may, upon a request to and acceptance by the Idaho department of agriculture, participate in the promotion and certification programs administered by the department, including the payment of fees as required pursuant to this section.

(4) Neither the Idaho department of agriculture, nor any agricultural entity referenced in subsection (2) of this section, shall be responsible for any negligent or other tortious act of the other while participating in a joint promotional activity.

(5)(a) As used in this section, "certificate of free sale" means a certificate issued by the department of agriculture that certifies that a product is grown or processed in Idaho, is distributed throughout the state of Idaho, and is in accordance with Idaho health and sanitary laws and regulations.

(b) To meet document requirements set by designation countries for products grown or processed in Idaho, an exporter may apply for the department to issue a certificate of free sale. The exporter applicant shall be responsible for paying an application fee, which shall be set by the department and shall not exceed one hundred dollars ($100). The department may request information from the exporter applicant, including the applicant's most recent state, federal, or third-party health inspection records. Such records shall be kept on file with the department for one (1) year. Issuance and receipt of a certificate of free sale does not relieve the exporter from regulation by the department of agriculture or from adhering to applicable state laws and regulations.

History:

[22-112, added 2003, ch. 148, sec. 1, p. 426; am. 2026, ch. 216, sec. 1, p. 902.]
Idaho Code § 22-2735 — Idaho Code / Title 22 / Chapter 27 / Section 22-2735
22-2735 PAYMENTS BY THE STATE SOIL AND WATER CONSERVATION COMMISSION — RULES — APPROVAL OF ATTORNEY GENERAL — AUDIT OF PAYMENTS.
Status: in_force

22-2735. Payments by the state soil and water conservation commission — Rules — Approval of attorney general — Audit of payments. (1) The commission may make payments not to exceed the estimated reasonable cost of an eligible improvement, project or plan.

(2) The commission may, in the name of the state of Idaho, enter into contracts with approved applicants, and any such approved applicants may enter into a contract with the commission concerning eligible improvements, projects or plans. Any such contract may include such provisions as may be agreed upon by the parties thereto, and shall include, in substance, the following provisions:

(a) An estimate of the reasonable cost of the improvements, projects or plans as determined by the commission;

(b) The terms under which the commission may unilaterally terminate the contract and/or seek repayment from the applicant of sums already paid pursuant to the contract for noncompliance by the applicant with the terms and conditions of the contract and the provisions of this chapter;

(c) An agreement by the applicant binding for the life of the eligible improvements, projects or plans:

(i) To develop water quality plans for landowners and provide payments to landowners for installation of best management practices;

(ii) To determine payment rates in conjunction with the commission for best management practices;

(iii) To establish a method for administration and provisions for technical assistance to landowners in conjunction with the commission;

(iv) To allow the state to make payments up to the estimated reasonable cost for best management practices installation, technical assistance and project administration of an eligible project;

(v) To develop and to secure the approval of the commission of plans for operation of the eligible project;

(vi) To ensure that the local matching share of the cost is provided as applicable;

(vii) To assure an adequate level of landowner participation and application of best management practices to ensure water quality goals are met.

(3) The commission may enter into contracts to provide technical assistance to applicants that have entered agreements pursuant to this chapter. Any such contract may include such provisions agreed upon by the parties thereto and shall include, in substance, the following provisions:

(a) An estimate of the reasonable cost of technical assistance;

(b) The terms under which the commission may unilaterally terminate the contract, and/or seek repayment of sums paid pursuant to the contract, for noncompliance by the applicants with the terms and conditions of the contract, the provisions of this chapter, or rules adopted pursuant thereto.

(4) The commission may enter into contracts and establish procedures to be followed in applying for eligible improvements, projects and plans herein authorized as shall be necessary for the effective administration of the water quality program for agriculture.

(5) All contracts entered into pursuant to this section shall be subject to approval by the attorney general as to form. All payments by the state pursuant to such contracts shall be made after audit and upon warrant as provided by law on vouchers approved by the chairman and the administrator of the commission.

(6) All grant agreements and contracts previously entered into with the state board of health and welfare, soil conservation districts and the commission pursuant to section 39-3627, Idaho Code, for payments and administration are now to be administered and payments implemented solely by the commission.

History:

[22-2735, added 1999, ch. 137, sec. 8, p. 393; am. 2010, ch. 279, sec. 18, p. 743.]
Idaho Code § 22-611 — Idaho Code / Title 22 / Chapter 6 / Section 22-611
22-611 PENALTIES.
Status: in_force

22-611. Penalties. (1) If the analysis shows that any fertilizer deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients, a penalty shall be assessed in favor of the department at the rate of three (3) times the value of the deficiency or twenty-five dollars ($25.00), whichever is greater, when the deviation exceeds the tolerances established by rules promulgated under this chapter. Provided, that penalties for any specialty fertilizer that deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients shall be determined as authorized under section 22-619, Idaho Code, and rules promulgated pursuant to this chapter.

(2) All penalties assessed under this section or any rule hereunder on any one (1) fertilizer, represented by the sample analyzed, shall be paid to the department within three (3) months after the date of notice from the department to the registrant. The department shall deposit the amount of the penalty into the "commercial feed and fertilizer fund."

(3) Nothing contained in this section or any rule hereunder shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsections (1) and (2) of this section.

(4) Penalties payable as provided for in subsections (1) and (2) of this section or any rule hereunder shall in no manner be construed as limiting the consumer's right to bring a civil action in damage against the registrant paying the penalties.

(5) Penalties for short weights, both packaged and bulk, shall be assessed at the rate of three (3) times the invoiced value if the deficiency exceeds the tolerances established by rule.

History:

[22-611, added 2000, ch. 295, sec. 2, p. 1019; am. 2004, ch. 108, sec. 1, p. 382.]
Idaho Code § 22-5119 — Idaho Code / Title 22 / Chapter 51 / Section 22-5119
22-5119 CONFIDENTIAL AND PROTECTED RECORDS.
Status: in_force

22-5119. Confidential and protected records. Records required by the department to validate the collection and remittance of assessments, including, but not limited to, production summaries, receiving records, conditioning reports, records relating to the payment of seed crops and seed indemnity fund reporting forms of a seed buyer, and financial records that may be required pursuant to section 22-5113(4), Idaho Code, shall be held confidential and will be protected as production records according to chapter 1, title 74, Idaho Code. These records shall not be subject to disclosure unless specifically authorized in writing by the licensee or as otherwise authorized pursuant to the provisions of chapter 1, title 74, Idaho Code.

History:

[22-5119, added 2002, ch. 256, sec. 1, p. 743; am. 2015, ch. 141, sec. 36, p. 412.]
Idaho Code § 22-4216 — Idaho Code / Title 22 / Chapter 42 / Section 22-4216
22-4216 INCREASE IN ASSESSMENT.
Status: in_force

22-4216. Increase in assessment. If it appears from an investigation that the revenue from the assessment levied under this act is inadequate to accomplish the purposes of this act, the commission shall file with the director of the department of agriculture a report showing the necessity of the industry, extent and probable 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 may thereupon increase the assessment to a sum not to exceed one cent ($0.01) per pound of clean seed; but no increase shall be made prior to filing of said report and favorable finding.

History:

[22-4216, added 1974, ch. 184, sec. 16, p. 1481; am. 2025, ch. 138, sec. 3, p. 705.]
Idaho Code § 22-4604 — Idaho Code / Title 22 / Chapter 46 / Section 22-4604
22-4604 PENALTIES.
Status: in_force

22-4604. Penalties. Any person violating the provisions of this chapter or any rule promulgated by the director pursuant thereto shall be subject to an administrative penalty not to exceed one thousand dollars ($1,000) for each offense. In addition to or in lieu of such penalty, the director is authorized to suspend for up to one (1) year or revoke any license issued hereunder. Proceedings under this section shall be conducted in the manner provided for contested cases in chapter 52, title 67, Idaho Code. If the department is unable to collect any administrative penalty assessed hereunder, or if any person fails to pay all or a portion of the administrative penalty assessed hereunder, the department may recover such amount by action in the appropriate district court.

Penalties collected for violations under this section shall be deposited in the commercial fisheries/aquaculture account.

History:

[22-4604, added 1992, ch. 273, sec. 1, p. 845; am. 1994, ch. 363, sec. 3, p. 1138.]
Idaho Code § 22-2918 — Idaho Code / Title 22 / Chapter 29 / Section 22-2918
22-2918 ADVERTISING, PUBLICITY AND SALES PROMOTION.
Status: in_force

22-2918. Advertising, publicity and sales promotion. The commission shall plan and carry out marketing research, and conduct a continuous campaign for commodity advertising, publicity and sales promotion to increase the consumption of beans and may contract for any advertising, publicity and sales promotion service. To accomplish such purpose the commission shall have power and it shall be the duty of the commission to disseminate information relating to:

(a) Beans and the importance thereof in preserving the public health, the economy thereof in the diet of the people and the importance therein in the nutrition of children;

(b) The manner, method and means used and employed in the production, transportation, marketing and grading of beans, and laws of the state regulating and safeguarding such production, transportation, marketing and grading;

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

(d) The reasons why producers and dealers should receive a reasonable return on their labor and investment;

(e) The problem of furnishing the consumer at all times with an abundant supply of fine quality beans at reasonable prices;

(f) Factors of instability peculiar to the vegetable industry in general, and the bean 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.

(g) The possibilities of increased consumption of Idaho beans;

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

(i) Branding, labeling, stenciling, sealing or packaging to promote and use in all ways, to advertise Idaho beans, and to protect their identity as far as possible to the final consumer.

History:

[22-2918, added 1957, ch. 94, sec. 8, p. 158.]
Idaho Code § 22-1707 — Idaho Code / Title 22 / Chapter 17 / Section 22-1707
22-1707 EXCEPTIONS.
Status: in_force

22-1707. EXCEPTIONS. Industrial hemp is not subject to inspection or indemnification pursuant to chapter 51, title 22, Idaho Code, or chapters 2 and 5, title 69, Idaho Code.

History:

[22-1707, added 2021, ch. 242, sec. 1, p. 738.]
Idaho Code § 22-1912 — Idaho Code / Title 22 / Chapter 19 / Section 22-1912
22-1912 CONTROL AND ERADICATION COSTS — DEFICIENCY WARRANTS — COOPERATION WITH OTHER ENTITIES AND CITIZENS.
Status: in_force

22-1912. Control and eradication costs — Deficiency warrants — Cooperation with other entities and citizens. Whenever the director determines that there exists the threat of an infestation of an invasive species on state-owned land or water, private, forested, range or agricultural land or water, and that the infestation is of such a character as to be a menace to state, private, range, forest or agricultural land or water, the director shall cause the infestation to be controlled and eradicated, using such moneys as have been appropriated or may hereafter be made available for such purposes. Provided however, that whenever the cost of control and eradication exceeds the moneys appropriated or otherwise available for that purpose, the state board of examiners may authorize the issuance of deficiency warrants against the general fund for up to five million dollars ($5,000,000) in any one (1) year for such control and eradication. Control and eradication costs may include, but are not limited to, costs for survey, detection, inspection, enforcement, diagnosis, treatment and disposal of infected or infested materials, cleaning and disinfecting of infected premises or vessels and indemnity paid to owners for infected or infested materials destroyed by order of the director. The director, in executing the provisions of this chapter insofar as it relates to control and eradication, shall have the authority to cooperate with federal, state, county and municipal agencies and private citizens in control and eradication efforts; provided, that in the case of joint federal/state programs, state moneys shall only be used to pay the state's share of the cost of the control and eradication efforts. Such moneys for which the state shall thus become liable shall be paid as a part of the expenses of the Idaho state department of agriculture out of appropriations that shall be made by the legislature for that purpose from the general fund of the state. In all appropriations hereafter made for expenses of the department, account shall be taken of and provision made for this item of expense.

History:

[22-1912, added 2008, ch. 387, sec. 1, p. 1065.]
Idaho Code § 22-2206 — Idaho Code / Title 22 / Chapter 22 / Section 22-2206
22-2206 SUBMISSION OF FORMULAS.
Status: in_force

22-2206. Submission of formulas. The department may require submission of the complete formula of any soil amendment or plant amendment and the source(s) of all ingredients if it is deemed necessary for the registration of any soil amendment or plant amendment product or administration of this chapter. Any formula so submitted is exempt from disclosure to the public pursuant to section 74-107(1) or (2), Idaho Code.

History:

[22-2206, added 2001, ch. 250, sec. 3, p. 908; am. 2015, ch. 141, sec. 31, p. 408.]
Idaho Code § 22-3702 — Idaho Code / Title 22 / Chapter 37 / Section 22-3702
22-3702 COMMISSION CREATED.
Status: in_force

22-3702. Commission created. There is hereby created in the department of self-governing agencies an Idaho cherry commission to be thus known and designated. The commission shall be composed of three (3) practical cherry growers and two (2) practical cherry dealers.

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

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

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

History:

[22-3702, added 1967, ch. 70, sec. 2, p. 157; am. 1974, ch. 13, sec. 13, p. 138; am. 1980, ch. 247, sec. 18, p. 595.]
Idaho Code § 22-606 — Idaho Code / Title 22 / Chapter 6 / Section 22-606
22-606 FORMULAS.
Status: in_force

22-606. Formulas. The department may require submission of the complete formula of any fertilizer and the source of all ingredients if it is deemed necessary for the registration of any fertilizer product or the administration of this chapter. Any formula so submitted is exempt from disclosure to the public pursuant to section 74-107(1) or (2), Idaho Code.

History:

[22-606, added 2000, ch. 295, sec. 2, p. 1017; am. 2015, ch. 141, sec. 28, p. 407.]