reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4705 - QUALIFICATION OF MEMBERS.

22-4705. QUALIFICATION OF MEMBERS. Members of the commission shall be nominated and appointed because of their ability and willingness to serve the interests of the state of Idaho and their knowledge of the state’s natural resources. Members shall be citizens of the United States, over twenty-five (25) years of age, and residents of the state of Idaho who are actually engaged in the growing of oilseed in the state and have been for at least the three (3) years immediately preceding appointment. Members must derive a substantial portion of their income from growing oilseed in the state of Idaho.
History:
[22-4705, added 1996, ch. 216, sec. 1, p. 705; am. 2007, ch. 60, sec. 6, p. 145.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4706 - TERMS OF MEMBERS.

22-4706. TERMS OF MEMBERS. Beginning July 1, 1996, the first members of the commission shall be appointed by the governor for terms of one (1) to three (3) years each as follows: at-large member, one (1) year; southern district member, two (2) years; northern district member, three (3) years. At the expiration of their original terms, commission members shall be appointed for a term of three (3) years. No member shall serve more than two (2) consecutive full terms. Each member shall hold office until his successor is appointed and qualified. Appointments to fill vacancies shall be for the balance of the unexpired term.
History:
[22-4706, added 1996, ch. 216, sec. 1, p. 706.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4707 - COMPENSATION OF MEMBERS.

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.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4708 - CHAIRMAN AND ADMINISTRATOR OF COMMISSION.

22-4708. CHAIRMAN AND ADMINISTRATOR OF COMMISSION. The commission shall elect a chairman who is a commission member and may employ an administrator who is not a member of the commission, or may contract with another state agricultural commission or similar agency for the administration of the commission’s business.
History:
[22-4708, added 1996, ch. 216, sec. 1, p. 706; am. 2007, ch. 60, sec. 7, p. 145.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4709 - MEETINGS OF THE COMMISSION.

22-4709. MEETINGS OF THE COMMISSION. The commission shall meet at least once every three (3) months regularly and at other times as required by the chairman. The chairman may call special meetings of the commission at any time or place.
History:
[22-4709, added 1996, ch. 216, sec. 1, p. 706.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4710 - DUTIES AND POWERS OF THE COMMISSION.

22-4710. DUTIES AND POWERS OF THE COMMISSION. (1) The commission shall establish the policies to be followed in the accomplishment of and consistent with the general purposes of this chapter.
(2) In the administration of this chapter, the commission shall have the following duties, authorities and powers:
(a) To conduct a campaign of research, education and publicity.
(b) To find new markets for oilseed and oilseed products.
(c) To give, publicize and promulgate reliable information showing the value of oilseed and oilseed products for any purpose for which they are found useful and profitable.
(d) To make public and encourage the widespread national and international use of the special kinds of oilseed and oilseed products produced from all varieties of oilseed grown in Idaho.
(e) To investigate and participate in studies of the problems peculiar to the growers of oilseed in Idaho.
(3) The commission shall have the duty, power and authority:
(a) To take action as the commission deems necessary or advisable to stabilize and protect the oilseed industry of the state and the health and welfare of the public.
(b) To sue and be sued.
(c) To enter into contracts as may be necessary or advisable.
(d) To appoint and employ officers, agents and other personnel, including experts in agriculture and the publicizing of agricultural products, and to prescribe their duties and fix their compensation.
(e) To advertise as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state.
(f) To cooperate with any local, state, or national organization or agency, whether voluntary or created by the law of any state or by federal law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with those organizations or agencies for carrying on joint campaigns of research, education, publicity and reciprocal enforcement.
(g) To lease, purchase or own the real or personal property deemed necessary in the administration of this chapter.
(h) To prosecute in the name of the state of Idaho any suit or action for collection of the tax or assessment provided for in this chapter.
(i) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and rules for the procedures and exercise of its powers and the performance of its duties.
(j) To incur indebtedness and carry on all business activities.
(k) To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller at all times.
(l) Except as otherwise provided in this chapter, information obtained from books, records, and accounts required to be maintained by this chapter and pertaining to individual production records of oilseed growers shall be kept confidential, and shall not be disclosed to the public by any person.
History:
[22-4710, added 1996, ch. 216, sec. 1, p. 706; am. 2007, ch. 60, sec. 8, p. 145.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4711 - COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS.

22-4711. COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS. The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this chapter shall be paid into a bank account in the name of the Idaho oilseed commission and such moneys are hereby continuously appropriated and made available for defraying the expenses of the commission in carrying out the provisions of this chapter.
History:
[22-4711, added 1996, ch. 216, sec. 1, p. 707; am. 2007, ch. 60, sec. 9, p. 146.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4712 - BONDS OF AGENTS AND EMPLOYEES.

22-4712. BONDS OF AGENTS AND EMPLOYEES. The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this act.
History:
[22-4712, added 1996, ch. 216, sec. 1, p. 707.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4713 - APPOINTMENT OF ADMINISTRATOR — DUTIES AND SALARY.

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.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4714 - ESTABLISHMENT OF ADMINISTRATOR’S OFFICE.

22-4714. ESTABLISHMENT OF ADMINISTRATOR’S OFFICE. For the convenience of the majority of those most likely to be affected in the administration of this chapter, the administrator, upon recommendation of the commission, shall establish and maintain an office for the administrator.
History:
[22-4714, added 1996, ch. 216, sec. 1, p. 708; am. 2007, ch. 60, sec. 10, p. 146.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4715 - STATE NOT LIABLE FOR ACTS OR OMISSIONS OF COMMISSION OR OF ITS EMPLOYEES.

22-4715. STATE NOT LIABLE FOR ACTS OR OMISSIONS OF COMMISSION OR OF ITS EMPLOYEES. The state of Idaho is not liable for the acts or omissions of the commission or any of its members, or any officer, agent or employee of the commission.
History:
[22-4715, added 1996, ch. 216, sec. 1, p. 708.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4716 - IMPOSITION OF TAX — LATE FEES.

22-4716. IMPOSITION OF TAX — LATE FEES. (1) From and after the first day of July 1996, there is hereby levied and imposed a tax of ten cents (10¢) per hundred weight on all oilseed sold or contracted in this state through commercial channels. The tax shall be due on or before the time when the oilseed is first sold or contracted in the commercial channels in this state and shall be paid at the times the commission may by rule prescribe, but not later than the 15th day of the month next succeeding the three (3) month period in which the oilseed is sold or contracted in commercial channels. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax.
(2) The tax shall be levied and assessed to the seller at the time of delivery for sale and shall be deducted by the first purchaser from the price paid to the seller at the time of sale, or in case of a lienholder who may possess the oilseed under his lien, the tax shall be deducted by the lienholder from the proceeds of the claim secured by the lien at the time the oilseed is pledged or mortgaged. The tax shall be deducted as provided in this section whether the oilseed is stored in this state or elsewhere. The commission may, however, permit any federal corporation, such as the commodity credit corporation, to waive its responsibility for the collection of the tax, provided the amount of the tax is one dollar ($1.00) or less.
(3) The tax constitutes a lien prior to all other liens and encumbrances upon the oilseed, except liens which are declared prior by operation of a statute of this state.
(4) Any person or firm who pays taxes to the commission at a date later than that prescribed in this section may be subject to assessment of a late payment penalty as set forth by rule of the commission. The penalty shall not exceed the rate of eighteen percent (18%) per annum on the amount due. In addition to the penalty, the commission may recover all costs and fees, including reasonable attorney’s fees, incurred in collecting the tax and penalty provided for in this section.
(5) A sale shall be exempt from the tax imposed in this section if a substantially similar tax is imposed by and paid to another state or foreign country and used for similar purposes with respect to the same oilseed. The commission shall, by rule, identify what other taxes are substantially similar and are used for similar purposes, and shall establish procedures for sellers to prove the payment of the other taxes.
History:
[22-4716, added 1996, ch. 216, sec. 1, p. 708; am. 2007, ch. 60, sec. 11, p. 147.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4717 - ASSESSMENT REFUNDS — ESCROW ACCOUNT.

22-4717. ASSESSMENT REFUNDS — ESCROW ACCOUNT. (1) During the period beginning on July 1, 1996, and ending on the date on which a referendum is conducted pursuant to section 22-4718, Idaho Code, the commission shall establish an escrow account to be used for refunds of assessments collected pursuant to section 22-4716, Idaho Code, and shall place an amount equal to ten percent (10%) of the total amounts collected in the escrow account. At the conclusion of each fiscal year, any balance in the escrow account after paying refund claims shall be transferred to one (1) or more of the accounts established by the commission pursuant to section 22-4720, Idaho Code.
(2) The commission shall refund to a seller the assessments paid by or on behalf of the seller if the seller is required to pay the assessments, the seller does not support the program established under this act, and the seller demands the refund prior to the time prescribed by the commission in rules of the commission.
(3) The refund demand shall be made in accordance with rules, in the form, and within the time period prescribed by the commission.
(4) The refund shall be made on submission of proof satisfactory to the commission that the seller paid the assessments described in section 22-4716, Idaho Code, and for which the refund is demanded.
(5) If the amount in the escrow account is not sufficient to refund the total amount of assessments demanded by eligible sellers and the commission is not approved to continue pursuant to the referendum conducted pursuant to this act, the commission shall prorate the amount of the refunds among all eligible sellers who demand a refund.
(6) If the operation of the commission is approved in the referendum conducted pursuant to this act, all funds remaining in the escrow account shall be returned to the commission for its use in accordance with this act.
History:
[22-4717, added 1996, ch. 216, sec. 1, p. 709; am. 1998, ch. 241, sec. 1, p. 800.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4718 - REFERENDUM.

22-4718. REFERENDUM. (1) During the period ending thirty (30) months after July 1, 1996, the commission shall conduct a referendum among sellers who, during a representative period as determined by the rules of the commission, have sold oilseed for the purpose of ascertaining whether the commission shall continue.
(2) Notice shall be given to sellers eligible to vote in the referendum in accordance with rules established by the commission.
(3) If a majority of the eligible sellers approve, the commission will be continued and the refund provisions will be terminated.
(4) If a majority of eligible sellers do not approve to continue the commission, collection of the tax under this chapter shall be terminated.
(5) If a majority of the eligible sellers approve of continuing the commission in the original referendum, at intervals of five (5) years, the commission shall conduct an advisory poll of qualified sellers as to the effectiveness and continuation of the commission.
History:
[22-4718, added 1996, ch. 216, sec. 1, p. 709; am. 2007, ch. 60, sec. 12, p. 147.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4719 - DELIVERY OF INVOICES TO SELLERS.

22-4719. DELIVERY OF INVOICES TO SELLERS. (1) The purchaser, at the time of settlement, shall make and deliver separate invoices for each purchase to the seller.
(2) The invoices shall be on forms and in such numbers as prescribed and supplied by the commission and shall show at least:
(a) The name and address of the seller.
(b) The name and address of the purchaser.
(c) The number of pounds of oilseed sold.
(d) The date of purchase.
(3) The invoices shall be legibly written and shall have no corrections or erasures on the face thereof.
(4) Unlawful or willful alteration of an invoice shall constitute a misdemeanor.
History:
[22-4719, added 1996, ch. 216, sec. 1, p. 709; am. 2007, ch. 60, sec. 13, p. 148.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4720 - DEPOSITS AND DISBURSEMENT OF FUNDS.

22-4720. DEPOSITS AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate the banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) No moneys shall be withdrawn or paid out of such accounts except upon order of the commission and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission.
(3) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house of representatives agricultural affairs committee, the legislative council, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year. From and after January 15, 1999, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(4) All moneys received or expended by the commission shall be audited every second year, but shall address each year separately, by a certified public accountant designated by the commission, who shall furnish a copy of the audit to the director of legislative services and to the senate agricultural affairs committee and the house of representatives agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year. The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(5) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
History:
[22-4720, added 1996, ch. 216, sec. 1, p. 710; am. 2003, ch. 32, sec. 14, p. 126; am. 2005, ch. 56, sec. 1, p. 210; am. 2006, ch. 363, sec. 1, p. 1100.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4722 - PENALTIES.

22-4722. PENALTIES. Any person who shall violate or aid in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300), or imprisonment not to exceed ninety (90) days, or both. Fines collected for violation of this chapter shall be paid into the "Idaho oilseed commission fund."
History:
[22-4722, added 1996, ch. 216, sec. 1, p. 711; am. 2007, ch. 60, sec. 14, p. 148.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 49 - BEEF CATTLE ENVIRONMENTAL CONTROL ACT › Section 22-4901 - SHORT TITLE.

22-4901. SHORT TITLE. This chapter shall be known and cited as the "Beef Cattle Environmental Control Act."
History:
[22-4901, added 2000, ch. 63, sec. 1, p. 139.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 49 - BEEF CATTLE ENVIRONMENTAL CONTROL ACT › Section 22-4902 - DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT.

22-4902. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1) The legislature recognizes the importance of protecting state natural resources including surface water and ground water. It is the intent of the legislature to protect the quality of these natural resources while maintaining an ecologically sound, economically viable, and socially responsible beef cattle industry in the state. The beef cattle industry produces manure and process wastewater which, when properly used, supplies valuable nutrients and organic matter to soils and is protective of the environment, but may, when improperly stored and managed, create adverse impacts on natural resources, including waters of the state. This chapter is intended to ensure that manure and process wastewater associated with beef cattle operations are handled in a manner which protects the natural resources of the state.
(2) Successful implementation of this chapter is dependent upon the department receiving adequate funding from the legislature. Moreover, the legislature recognizes that it is important for the state to obtain a delegated national pollutant discharge elimination system (NPDES) program from the United States environmental protection agency under the clean water act. The department’s authority to enforce this chapter should be consistent and coordinated with the department of environmental quality’s authorities pursuant to title 39, Idaho Code, to protect state ground and surface waters, and to obtain approval from the United States environmental protection agency to implement and administer an Idaho NPDES program governing the discharge of pollutants to the waters of the United States as defined in the federal clean water act.
History:
[22-4902, added 2000, ch. 63, sec. 1, p. 139; am. 2001, ch. 103, sec. 7, p. 261; am. 2004, ch. 187, sec. 1, p. 579; am. 2010, ch. 343, sec. 1, p. 900; am. 2016, ch. 129, sec. 1, p. 376.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 49 - BEEF CATTLE ENVIRONMENTAL CONTROL ACT › Section 22-4903 - AUTHORITY AND DUTIES OF DIRECTOR CONCERNING BEEF CATTLE ANIMAL FEEDING OPERATIONS.

22-4903. AUTHORITY AND DUTIES OF DIRECTOR CONCERNING BEEF CATTLE ANIMAL FEEDING OPERATIONS. (1) The director of the department of agriculture through the division of animal industries is authorized to regulate beef cattle animal feeding operations to protect state natural resources, including surface water and ground water. The department is authorized to adopt rules to implement the provisions of this chapter.
(2) Nothing in this chapter shall affect the authority of the department of environmental quality to administer and enforce an Idaho NPDES program for beef cattle feeding operations, including without limitation, the authority to issue permits, access records, conduct inspections and take enforcement action, as set forth in chapter 1, title 39, Idaho Code, and the rules adopted pursuant thereto. The provisions of this chapter do not alter the requirements, liabilities and authorities with respect to or established by an Idaho NPDES program.
(3) The director of the department of environmental quality and the director of the department of agriculture shall, as appropriate, establish an agreement relating to the administration of an Idaho NPDES program that recognizes the expertise of the department of agriculture. The director shall have the authority to exercise any other authorities delegated by the director of the department of environmental quality regarding the protection of ground water, surface water and other natural resources associated with beef cattle feeding operations, and this shall be the authority for the director of the department of environmental quality to so delegate.
(4) The director of the department of environmental quality shall consult with the director of the department of agriculture before certifying discharges from beef cattle animal feeding operations as provided under 33 U.S.C. section 1341.
History:
[22-4903, added 2000, ch. 63, sec. 1, p. 140; am. 2001, ch. 103, sec. 8, p. 262; am. 2004, ch. 187, sec. 2, p. 580; am. 2016, ch. 129, sec. 2, p. 377.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 49 - BEEF CATTLE ENVIRONMENTAL CONTROL ACT › Section 22-4905 - DESIGN AND CONSTRUCTION.

22-4905. DESIGN AND CONSTRUCTION. Each new beef cattle animal feeding operation and each modified beef cattle animal feeding operation shall design and construct all new and modified wastewater storage and containment facilities in accordance with the engineering standards and specifications provided by the natural resource conservation service or the American society of agricultural engineers (ASAE) or other equally protective standard approved by the director. The department’s review and approval of plans under this section shall supersede the Idaho department of environmental quality’s implementation of plan and specification review and approval provided under section 39-118, Idaho Code. Such design and construction shall be considered a best management practice.
History:
[22-4905, added 2000, ch. 63, sec. 1, p. 141; am. 2001, ch. 103, sec. 9, p. 263.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 49 - BEEF CATTLE ENVIRONMENTAL CONTROL ACT › Section 22-4906 - NUTRIENT MANAGEMENT PLAN.

22-4906. NUTRIENT MANAGEMENT PLAN. Each beef cattle animal feeding operation shall submit a nutrient management plan to the director for approval. Beef cattle animal feeding operations that are operating on or before July 1, 2000, shall submit a nutrient management plan to the director for approval no later than January 1, 2005. Any new operation commencing operations after July 1, 2000, shall not operate prior to the director’s approval of a nutrient management plan. An approved nutrient management plan shall be implemented and considered a best management practice. Following department review and approval, the plan, and all copies of the plan, shall be returned to the operation and maintained on site. Such plans shall be available to the administrator on request. Operations that elect to utilize a web-based nutrient management planner, housed with the Idaho state department of agriculture, are consenting to allow the plan to be housed on file with the Idaho state department of agriculture. The nutrient management plan, information provided and generated in utilization of a web-based nutrient management planner, and all information generated by the beef cattle animal feeding operation as a result of a plan shall be deemed to be trade secrets, production records, or other proprietary information, shall be kept confidential, and shall be exempt from disclosure pursuant to section 74-107, Idaho Code.
History:
[22-4906, added 2000, ch. 63, sec. 1, p. 141; am. 2004, ch. 187, sec. 4, p. 581; am. 2020, ch. 66, sec. 1, p. 154.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 49 - BEEF CATTLE ENVIRONMENTAL CONTROL ACT › Section 22-4907 - INSPECTIONS.

22-4907. INSPECTIONS. (1) The director or his designee in the division of animal industries is authorized to enter and inspect any beef cattle animal feeding operation and have access to or copy any facility records deemed necessary to ensure compliance with this chapter. The director shall comply with the biosecurity protocol of the operation so long as the protocol does not inhibit reasonable access to:
(a) Enter and inspect at reasonable times the premises or land application site(s) of a beef cattle animal feeding operation;
(b) Review and/or copy, at reasonable times, any records that must be kept under conditions of this chapter;
(c) Sample or monitor, at reasonable times, substances or parameters directly related to compliance with this chapter.
(2) All inspections and investigations conducted under the authority of this chapter shall be performed in conformity with section 17, article I, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless searches of private property in the absence of either consent from the property owner or other authorized person.
History:
[22-4907, added 2000, ch. 63, sec. 1, p. 142; am. 2004, ch. 187, sec. 5, p. 582; am. 2016, ch. 129, sec. 4, p. 378.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 49 - BEEF CATTLE ENVIRONMENTAL CONTROL ACT › Section 22-4908 - DISCHARGES.

22-4908. DISCHARGES. No animal feeding operation shall cause an unauthorized discharge. Noncompliance with the provisions of this act or unauthorized discharges may subject a facility to enforcement as provided in this act.
History:
[22-4908, added 2000, ch. 63, sec. 1, p. 142.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 49 - BEEF CATTLE ENVIRONMENTAL CONTROL ACT › Section 22-4909A - EFFECT OF FEDERAL ENVIRONMENTAL PROTECTION AGENCY ENFORCEMENT ACTION.

22-4909A. EFFECT OF FEDERAL ENVIRONMENTAL PROTECTION AGENCY ENFORCEMENT ACTION. The nutrient management plan, and all information generated by the beef cattle feeding operation as a result of such plan, shall be deemed to be trade secrets, production records or other proprietary information, shall be kept confidential and shall be exempt from disclosure pursuant to section 74-107, Idaho Code. In any case in which the United States environmental protection agency initiates an enforcement action regarding an alleged noncompliance at a beef cattle animal feeding operation, any pending administrative or civil enforcement action initiated by the director regarding the same alleged noncompliance shall be deemed void. If a compliance order addressing the alleged noncompliance has already been issued by the director, that order shall remain in full force and effect.
History:
[22-4909A, added 2009, ch. 46, sec. 1, p. 127; am. 2010, ch. 343, sec. 2, p. 900; am. 2015, ch. 141, sec. 35, p. 411; am. 2016, ch. 129, sec. 5, p. 379.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 49 - BEEF CATTLE ENVIRONMENTAL CONTROL ACT › Section 22-4910 - SAFE HARBOR.

22-4910. SAFE HARBOR. All beef cattle animal feeding operations operating in compliance with this act and approved best management practices shall not be subject to state enforcement action due to violations of state water quality standards or state ground water quality standards except in the event of imminent and substantial danger as provided in chapter 1, title 39, Idaho Code. However, the department shall evaluate and modify such best management practices as necessary.
History:
[22-4910, added 2000, ch. 63, sec. 1, p. 144.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 50 - CROP PRODUCT DESTRUCTION › Section 22-5001 - DESTRUCTION OF AGRICULTURAL OR HORTICULTURAL CROP PRODUCT — DAMAGES.

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.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5101 - SHORT TITLE OF ACT.

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.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5105 - AMOUNT OF BOND — NOTICE OF CANCELLATION.

22-5105. AMOUNT OF BOND — NOTICE OF CANCELLATION. The amount of bond to be furnished for each seed buyer will be fixed at whichever of the following amounts is greater:
(1) The combined total seed buyer indebtedness paid and owed to producers for seed crop stored for withdrawal or transferred during the previous license year; or
(2) The indebtedness owed and estimated to be owed to producers for seed crop for the current license year.
Subsequent to determining whichever of the preceding amounts is greater, and based on that amount, the amount of bond shall be calculated as follows:
Gross Dollars:
Amount of Bond:
$0 – $450,000
$20,000 bond or 6% of the gross
dollars, whichever is less
$450,001 – $1,000,000
$40,000 bond
$1,000,001 – $8,000,000
$100,000 bond
Over $8,000,000
$500,000 bond
In any case, the amount of the bond shall not be more than five hundred thousand dollars ($500,000). This bond shall run concurrently with the seed buyer’s license. A ninety (90) day written notice, by registered or certified mail, return receipt requested, shall be given to the director by the bonding company before it may amend or cancel any bond.
History:
[22-5105, added 2002, ch. 256, sec. 1, p. 739; am. 2003, ch. 151, sec. 2, p. 436.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5106 - ACTION BY PRODUCER INJURED.

22-5106. ACTION BY PRODUCER INJURED. Any producer injured by the breach of any financial obligation for which a bond, irrevocable letter of credit or certificate of deposit is written under this chapter, must petition the director to make demand upon the seed buyer, the certificate of deposit, irrevocable letter of credit, or on the bond to enforce payment of claims.
History:
[22-5106, added 2002, ch. 256, sec. 1, p. 740; am. 2003, ch. 151, sec. 3, p. 436.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5107 - FEES.

22-5107. FEES. (1) The department shall assess and collect a fee of one hundred dollars ($100) for each inspection of a licensee, which is done for the purpose of amending a seed buyer license.
(2) The department may assess and collect a fee of two hundred fifty dollars ($250) per day or fraction thereof for maintaining each employee of the department at a seed buyer’s location to oversee the correction of a violation of the provisions of this chapter or department rules.
History:
[22-5107, added 2002, ch. 256, sec. 1, p. 740.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5108 - RECEIPTS — SCALE WEIGHT TICKETS.

22-5108. RECEIPTS — SCALE WEIGHT TICKETS. Warehouse receipts or scale weight tickets shall be issued by the seed buyer to the producer:
(1) At the time of deposit for storage for withdrawal of the seed crop; or
(2) At the time of transfer of the seed crop.
History:
[22-5108, added 2002, ch. 256, sec. 1, p. 740.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5109 - MAINTENANCE OF RECORDS — EXAMINATION OF RECORDS — AUTHORIZATION TO COPY.

22-5109. MAINTENANCE OF RECORDS — EXAMINATION OF RECORDS — AUTHORIZATION TO COPY. The seed buyer shall maintain current and complete records at all times with respect to all seed crops handled, deposited, shipped or merchandised by it, including seed crops owned by it. Such records shall include, but are not limited to, records showing the total quantity of each kind and class of seed crop received and loaded out and the amount remaining on deposit at the close of each business day.
Records required by this section shall be legible and kept in a place of safety in this state for a period of five (5) years. If a person operates at more than one (1) location, records of each location’s transactions must be identifiable.
The department is authorized to examine records to confirm the proper collection and remittance of seed indemnity fund assessments and payments. The records subject to examination shall include, but are not limited to, receipts, scale weight tickets, conditioning records, production summaries, and payments to producers. The department is authorized to make copies of any documents or records relevant to compliance with the provisions of this chapter.
History:
[22-5109, added 2002, ch. 256, sec. 1, p. 740; am. 2003, ch. 151, sec. 4, p. 437.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5110 - VIOLATIONS — PENALTIES — DISCRETION OF DIRECTOR TO HANDLE ADMINISTRATIVELY.

22-5110. VIOLATIONS — PENALTIES — DISCRETION OF DIRECTOR TO HANDLE ADMINISTRATIVELY. (1) Any person who violates any provision of this chapter or the rules promulgated hereunder, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the director or his duly authorized representative in the performance of his duty in connection with the provisions of this chapter shall be guilty of a misdemeanor and be punished by imprisonment in a county jail not to exceed six (6) months, or by a fine of not more than one thousand dollars ($1,000), or by both.
(2) Any person operating as a seed buyer without a license or in any way representing, by actions or words, that they are so licensed when they are not, or any person who shall misrepresent, forge, alter, counterfeit or falsely represent a license as required by the provisions of this chapter shall be guilty of a felony and punished by imprisonment in the state prison for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or by both.
(3) Any person who shall issue, utter, or aid in the issuance or utterance or attempt to issue or utter a false or fraudulent receipt or scale weight ticket for any seed crop shall be guilty of a felony and punished by imprisonment in the state prison for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or by both.
(4) Any person violating any provision of this chapter, or rules promulgated under this chapter, may be assessed a civil penalty by the department equal to the loss for each offense or five hundred dollars ($500) a day for continuing violations. Persons against whom civil penalties are assessed shall be liable for the department’s reasonable attorney’s fees. Civil penalties may be assessed in conjunction with any other department administrative action. Moneys collected for violations of this section or rules promulgated under this section shall be deposited in the state treasury and credited to the seed indemnity fund.
(5) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action. The director shall maintain a record of any administrative action involving a seed buyer with that seed buyer’s license file.
History:
[22-5110, added 2002, ch. 256, sec. 1, p. 740.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5111 - SUSPENSION OR REVOCATION OF LICENSE.

22-5111. SUSPENSION OR REVOCATION OF LICENSE. Pursuant to chapter 52, title 67, Idaho Code, the department may suspend or revoke any license issued under the provisions of this chapter, for any violation of, or failure to comply with, any provision of this chapter or chapter 7, title 28, Idaho Code. Pending investigation, the department, whenever it deems necessary, may suspend a license temporarily without a hearing.
History:
[22-5111, added 2002, ch. 256, sec. 1, p. 741; am. 2004, ch. 42, sec. 34, p. 134.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5112 - DUTY TO PROSECUTE.

22-5112. DUTY TO PROSECUTE. It shall be the duty of each prosecuting attorney to whom a violation is reported by the department, to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction.
History:
[22-5112, added 2002, ch. 256, sec. 1, p. 741.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5113 - NOTICE OF NONCOMPLIANCE — REQUIREMENTS — FAILURE TO COMPLY — REMEDIES OF DEPARTMENT.

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.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5114 - INSURANCE — CANCELLATION PROCEDURE — SUSPENSION OF LICENSE — SELF-INSURANCE.

22-5114. INSURANCE — CANCELLATION PROCEDURE — SUSPENSION OF LICENSE — SELF-INSURANCE. (1) Every seed buyer who has a seed facility where seed crops are stored for withdrawal or transferred, shall maintain a "commercial property policy" of insurance, or its equivalent, issued by a company qualified to do business in the state in which the facility is located. The amount of insurance shall be sufficient to cover the property loss of the insured and such additional amounts that are: (a) greater than or equal to the total seed buyer indebtedness and the value of seed crop stored for withdrawal during the previous license year, or (b) estimated current calendar year seed crop indebtedness to producers and the value of seed crop to be stored for withdrawal. The department rules shall enumerate the perils to be covered by the policy.
(2) The insurance company issuing the policy of insurance shall give ninety (90) days’ advance notice to the department by registered or certified mail, return receipt requested, of cancellation of the policy.
(3) When the insurance policy of a seed buyer is canceled, the department shall immediately suspend the license of the seed buyer, and the suspension shall be in effect until satisfactory evidence exists that an effective policy of insurance complying with the requirements of this chapter has been submitted to the department.
(4) Seed buyers desiring to be self-insured shall apply to the department for authorization to self-insure. Application shall be made on forms prescribed by the department.
History:
[22-5114, added 2002, ch. 256, sec. 1, p. 742.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5115 - LICENSE REISSUANCE FOLLOWING REVOCATION.

22-5115. LICENSE REISSUANCE FOLLOWING REVOCATION. A seed buyer license shall not be issued to any person whose license has been revoked within a period of three (3) years from the date of such revocation. Upon application for a license following revocation, the department shall hold a hearing within thirty (30) days from receipt of the application to determine if such license shall be issued. A change in a person’s business name shall not absolve that person of a prior revocation of his seed buyer license.
History:
[22-5115, added 2002, ch. 256, sec. 1, p. 742.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5116 - DEPARTMENT’S AUTHORITY.

22-5116. DEPARTMENT’S AUTHORITY. The department may, whenever it has reason to believe the provisions of this chapter have been violated or upon verified complaint of any person in writing, investigate the actions of any seed buyer, and if it finds cause to do so, file before the director, a complaint pursuant to chapter 52, title 67, Idaho Code, against the seed buyer requesting relief as authorized by this chapter. Notwithstanding any administrative processes, the director may apply to the appropriate court to enjoin the operations of the seed buyer.
History:
[22-5116, added 2002, ch. 256, sec. 1, p. 743.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5117 - LICENSE DENIAL.

22-5117. LICENSE DENIAL. (1) Any seed buyer against whose bond a claim has been ordered collected or has actually been collected shall not be licensed by the department for a period of three (3) years from the date of such order or collection. License denial may be waived if the person can show, to the satisfaction of the director, that full settlement of all claims against the bond have been made. Full settlement does not include seed indemnity fund settlements. A change in a person’s business name shall not absolve any unsettled claim against that person’s prior bond.
(2) The director may deny the issuance or renewal of a license to an applicant after a public hearing and based on the following criteria:
(a) The applicant failed or refused to make prior claimants whole due to a previous failure;
(b) The applicant misrepresented material facts in the application for a license;
(c) The industry required to pay into the seed indemnity fund presents relevant objections; or
(d) Any material fact provided by a seed producer that demonstrates license denial would serve the best interest of the public.
(3) Any person adversely affected by the director’s final determination may secure judicial review as prescribed under the provisions of chapter 52, title 67, Idaho Code.
History:
[22-5117, added 2002, ch. 256, sec. 1, p. 743; am. 2018, ch. 153, sec. 1, p. 311.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5118 - PAYMENT AND VIOLATION.

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.]