reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE › Section 22-104 - AGRICULTURE DEPARTMENT INSPECTION ACCOUNT — OTHER ACCOUNTS.

22-104. AGRICULTURE DEPARTMENT INSPECTION ACCOUNT — OTHER ACCOUNTS. (1) All moneys received by the department of agriculture for any inspection, which the department by law may be authorized or required to make, except those moneys specifically received for and credited to another account or accounts, shall be credited to the agriculture department inspection account, which is hereby created in the treasury of the state of Idaho.
(2) Moneys received by the division of animal industries for sales of licenses, for inspections or fines shall be deposited to the livestock disease control and T.B. indemnity account.
(3) Moneys received by the department of agriculture under the bonded warehouse law and the weightmaster’s licensing act shall be deposited to the credit of the general account.
History:
[22-104, added 1974, ch. 18, sec. 2, p. 364; am. 1988, ch. 115, sec. 1, p. 212.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE › Section 22-105 - AGRICULTURAL DEPARTMENT INSPECTION FUND — CONTINUING APPROPRIATION.

22-105. AGRICULTURAL DEPARTMENT INSPECTION FUND — CONTINUING APPROPRIATION. All moneys coming into the said agricultural department inspection fund from whatever source are hereby appropriated and set aside for the uses and purposes of the department of agriculture, including administrative expenses of the department, salaries and/or wages of the director and of subordinates and employees, expenses of travel, communication, supplies, equipment, fixed charges, inspection, and all other necessary expenses of the department of agriculture in carrying out its functions and the duties enjoined on it by law, not otherwise provided for, and this appropriation is intended as a continuing appropriation of said fund for the uses and purposes herein mentioned; and all claims against the said agricultural department inspection fund shall be examined by said department of agriculture and certified to the state controller, who shall, upon the approval of the board of examiners, draw his warrant against said agricultural department inspection fund for all bills and claims so allowed by said department of agriculture.
History:
[22-105, added 1974, ch. 18, sec. 2, p. 364; am. 1994, ch. 180, sec. 13, p. 429.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE › Section 22-106 - INJUNCTION.

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.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE › Section 22-107 - VOLUNTARY SERVICES FOR PUBLIC — FEES — APPROPRIATION OF MONEYS.

22-107. VOLUNTARY SERVICES FOR PUBLIC — FEES — APPROPRIATION OF MONEYS. The department of agriculture may after notice and hearing provide by rule for voluntary services to be performed by it at the request of the public, such as developing and implementing services relating to hazard controls, good manufacturing practices, food safety manuals for packhouse operations, sanitation standards and operating procedures for producers and packers, laboratory analyses and testing, inspecting, grading, sampling and all similar things. It may also provide for reasonable fees for performing such voluntary services; the moneys derived from this activity shall be received and handled as provided for by sections 67-3609 and 67-3611, Idaho Code. The department of agriculture may also receive and use as directed any donations, grants or federal funds available for such purposes to be accounted for as prescribed by the state controller and any such moneys the department receives are hereby appropriated for the purpose for which they are received only, and may be spent for such purposes by the department of agriculture.
History:
[22-107, added 1974, ch. 18, sec. 2, p. 364; am. 1976, ch. 51, sec. 4, p. 170; am. 1994, ch. 180, sec. 14, p. 430; am. 2001, ch. 146, sec. 1, p. 515.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE › Section 22-108 - AUTHORITY AND DUTIES OF DIRECTOR CONCERNING RAPESEED.

22-108. AUTHORITY AND DUTIES OF DIRECTOR CONCERNING RAPESEED. (1) In addition to other powers and duties, the director of the department of agriculture shall have regulatory authority to specify the varieties of rapeseed produced in the state and the geographical locations where each variety may be produced or stored. The director shall promulgate rules and regulations in compliance with chapter 52, title 67, Idaho Code, that may be necessary for the efficient enforcement of the provisions of this section and may prescribe grade and quality standards for rapeseed.
(2) The director may, by rule and regulation, establish a schedule of fees for services performed by the department in the administration of this section and rules and regulations promulgated pursuant thereto, and the director may levy a fee on each hundredweight of rapeseed produced in this state sufficient to defray the costs of administering the provisions of this section and rules and regulations promulgated pursuant thereto. Receipts of these fees shall be deposited in the agricultural inspection account created pursuant to section 22-105, Idaho Code, and shall be used, subject to annual appropriation of the legislature, to pay the cost of administering the provisions of this section and rules and regulations promulgated pursuant thereto.
(3) Every violation of the provisions of this section and any rules and regulations promulgated pursuant thereto shall be a misdemeanor and shall be punished by a fine not exceeding one thousand dollars ($1,000).
History:
[22-108, added 1986, ch. 249, sec. 1, p. 670.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE › Section 22-109 - QUALITY ASSURANCE LABORATORY PROGRAM — MANDATORY ASSESSMENT REFERENDUM AUTHORITY.

22-109. QUALITY ASSURANCE LABORATORY PROGRAM — MANDATORY ASSESSMENT REFERENDUM AUTHORITY. (1) In addition to the authority of commodity commissions to levy assessments and conduct referendums, if the department of agriculture receives a petition requesting a referendum signed by ten per cent (10%) or more Idaho producers of a particular commodity or if the department of agriculture receives a written request for a referendum from a commodity commission, the department of agriculture may provide for a referendum by a commodity to determine if a mandatory assessment should be levied on the commodity producer group for the specific quality assurance laboratory program purposes identified in the referendum. No assessment shall become effective unless the same shall first be referred on a referendum mail ballot to producers of that commodity in this state and is approved by a majority of the producers voting in the referendum.
(2) All moneys derived from the assessment and collected by a commodity commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the specific purposes identified in the referendum.
(3) All moneys derived from the assessment and collected by the department of agriculture shall be deposited with the state treasurer and be credited to the agriculture department inspection account. All funds so deposited are hereby continuously appropriated for the specific purposes identified in the referendum.
(4) The department of agriculture shall be reimbursed for the costs of the referendum by moneys derived from the assessment.
(5) The director of the department of agriculture shall have the authority to implement the provisions of any approved referendum and may promulgate rules necessary for carrying out the purposes of this section.
History:
[22-109, added 1992, ch. 79, sec. 1, p. 220.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE › Section 22-110 - AUTHORITY AND DUTIES OF DIRECTOR CONCERNING AGRICULTURAL WASTE.

22-110. AUTHORITY AND DUTIES OF DIRECTOR CONCERNING AGRICULTURAL WASTE. (1) In addition to other powers and duties, the director of the state department of agriculture shall have authority to regulate agricultural solid waste, agricultural composting and other similar agricultural activities to safeguard and protect animals, man and the environment. The director may promulgate rules in compliance with chapter 52, title 67, Idaho Code, that may be necessary for the efficient enforcement of the provisions of this section. The director may collaborate with any state agency, federal agency or other governmental entity in the development of rules promulgated pursuant to this section.
(2) The director may, by rule, establish a schedule of fees for services performed by the department in the administration of this section and rules promulgated pursuant thereto. Receipts of these fees shall be deposited in the agricultural inspection fund pursuant to section 22-104, Idaho Code, and shall be used, subject to annual appropriation of the legislature, to pay the cost of administering the provisions of this section and rules promulgated pursuant thereto.
(3) Any person violating the provisions of this section or rules promulgated pursuant thereto may be assessed a civil penalty by the department or its duly authorized agent of not more than three thousand dollars ($3,000) for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged has been given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the department is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under this section may, within twenty-eight (28) days of the final agency action making the assessment, seek judicial review of the assessment in accordance with the provisions of chapter 52, title 67, Idaho Code. Moneys collected for violations of this section or rules promulgated thereunder shall be deposited in the state treasury and credited to the agricultural inspection fund. When the director identifies items of noncompliance with the rules promulgated pursuant to this section, appropriate corrective actions will be identified. The director may develop a formal compliance schedule as appropriate to correct deficiencies. The director may, through the formal compliance schedule, allow all or part of the value of assessed civil penalties to be applied toward correction of deficiencies.
History:
[22-110, added 1998, ch. 417, sec. 1, p. 1315.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE › Section 22-112 - PROMOTION AND CERTIFICATION OF IDAHO AGRICULTURAL PRODUCTS.

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 by rules adopted pursuant to this section. Fees assessed and collected pursuant to rules adopted according 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 under 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 by rules adopted pursuant to subsection (1) of 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.
History:
[22-112, added 2003, ch. 148, sec. 1, p. 426.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE › Section 22-113 - UNITED STATES FOOD AND DRUG ADMINISTRATION FOOD SAFETY MODERNIZATION ACT — REGULATIONS FOR HUMAN FOOD PROCESSING.

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, in consultation and cooperation with the department of health and welfare, 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.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 2 - COUNTY FAIR BOARDS › Section 22-201 - CREATION OF COUNTY FAIR BOARDS.

22-201. CREATION OF COUNTY FAIR BOARDS. County fair boards for the purpose of conducting county fairs may be created in the following manner: A petition signed by at least five (5) and not more than ten (10) persons, each of whom must be a qualified elector of the county may be filed with the clerk of the board of county commissioners of any county. Upon receipt of such petition the board of county commissioners shall immediately cause the clerk to give notice by publication in a newspaper of general circulation printed within the county, for not less than two (2) weeks, to the effect that a petition for the creation of a county fair board has been filed with the clerk of the board of county commissioners and that a hearing on the petition will be held by the board of county commissioners on a date named in such notice not less than three (3) nor more than six (6) weeks from the date of the first publication of such notice.
Whenever a county has conducted a county fair for at least two (2) consecutive years immediately prior to the enactment of this act, it shall not be necessary to file a petition, but in such case the board of county commissioners may cause the clerk to publish a notice in a newspaper of general circulation printed within the county, for at least two (2) weeks, to the effect that it is the intention of the board of county commissioners of such county to create a county fair board for the purpose of conducting a county fair in accordance with the provisions of this act, and that a hearing on the same will be held by the board of county commissioners on a date named in such notice not less than three (3) nor more than six (6) weeks from the date of the first publication of such notice.
History:
[(22-201) 1929, ch. 208, sec. 1, p. 411; I.C.A., sec. 22-201; am. 1963, ch. 128, sec. 1, p. 379.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 2 - COUNTY FAIR BOARDS › Section 22-202A - DESIGNATION OF COUNTY FAIR BOARD AS ADVISORY BODY.

22-202A. DESIGNATION OF COUNTY FAIR BOARD AS ADVISORY BODY. In counties with a population of two hundred thousand (200,000) persons or more, the board of county commissioners may provide by ordinance that the county fair board shall function as an advisory board to the board of county commissioners. If such an ordinance is adopted, the board of county commissioners shall retain and may exercise the powers, duties, and responsibilities otherwise charged to the county fair board by the provisions of this chapter. Any such ordinance shall set forth the powers, duties, responsibilities, compensation, and terms of office of the county fair board and may provide for any such other rules and regulations under which the county fair board shall advise the board of county commissioners and conduct its operations. Any such ordinance may be repealed at any time, and if repealed, the provisions of this chapter shall apply as if no such ordinance had been adopted. The provisions of this section shall not be applicable to fair districts in two (2) or more counties organized pursuant to chapter 3, title 22, Idaho Code.
History:
[22-202A, added 1989, ch. 234, sec. 1, p. 571; am. 1993, ch. 210, sec. 1, p. 571.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 2 - COUNTY FAIR BOARDS › Section 22-203 - TIME FOR CREATION.

22-203. TIME FOR CREATION. The county fair board may be created under the provisions of this act at any time before the first Monday in July in any year.
History:
[(22-203) 1929, ch. 208, sec. 3, p. 411; I.C.A., sec. 22-203.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 2 - COUNTY FAIR BOARDS › Section 22-205 - SECRETARY AND TREASURER OF COUNTY FAIR BOARD.

22-205. SECRETARY AND TREASURER OF COUNTY FAIR BOARD. The county fair board shall select and employ a competent secretary whom they shall vest with general managerial powers subject to the provisions of this act. It shall also appoint a treasurer. The office of secretary may be combined with the office of treasurer and held by the same person. The treasurer shall be required to furnish a bond in such sum as may be fixed by the board of county commissioners, and when furnished to be approved by it.
History:
[(22-205) 1929, ch. 208, sec. 5, p. 411; I.C.A., sec. 22-205.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 2 - COUNTY FAIR BOARDS › Section 22-206 - BUDGET OF FUNDS FOR COUNTY FAIR PURPOSES — TAXING UNIT UNDER IDAHO BUDGET LAW — MAINTENANCE OF IDLE PROPERTY.

22-206. BUDGET OF FUNDS FOR COUNTY FAIR PURPOSES — TAXING UNIT UNDER IDAHO BUDGET LAW — MAINTENANCE OF IDLE PROPERTY. For the purpose of determining what funds must be raised by taxes for county fair purposes, the county fair board shall meet on the first Monday of February of each year, or at such other time as may be provided by law for the preparation of budgets, and shall make a budget of the amounts required for fair purposes, including all salaries to be paid for the current year, and shall deduct therefrom the probable income from such fair or fairs to be conducted by the board during the current year and any balance remaining in its treasury, and shall then certify to the board of county commissioners the amount of said budget; and the amount to be raised by the county for fair purposes shall in no case be in excess of the difference between the total of said budget and the probable income of such fair and the balance on hand in the treasury. The board of county commissioners shall thereafter approve or make such amendments or modifications in the county fair budget as it deems proper, and include the same in its annual county budget. No levy for the purposes of this act shall exceed one hundredth percent (.01%) of the market value for assessment purposes on all taxable property in the county. When such taxes have been collected, the same shall be paid to the treasurer of the county fair board to be used for the purposes authorized by this act. Such special levy, together with any other special levy made pursuant to the provisions of section 31-823, Idaho Code, shall in no case exceed two hundredths percent (.02%) of the market value for assessment purposes on all taxable property in the county. Upon the creation and appointment of the fair board by the county commissioners, it hereby becomes a taxing unit under the provisions of the Idaho Budget Law and as such is empowered to issue tax anticipation notes or warrants as provided by law for maintaining, carrying on, conducting, payment of obligations, premiums, prizes and all other necessary expenses, incurred or to be incurred in conducting a fair. It may be the duty of the county commissioners of any county, where property for county fair purposes is located, to levy an amount sufficient to maintain and protect such fair grounds and property and to pay any deficit or indebtedness then accrued from previous fairs.
History:
[(22-206) 1929, ch. 208, sec. 6, p. 411; am. 1931, ch. 137, sec. 1, p. 234; I.C.A., sec. 22-206; am. 1933, ch. 85, sec. 1, p. 136; am. 1995, ch. 82, sec. 2, p. 220.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 2 - COUNTY FAIR BOARDS › Section 22-207 - DISPOSITION OF MONEYS REMAINING AFTER FAIR CONDUCTED OR AWARDS PAID.

22-207. DISPOSITION OF MONEYS REMAINING AFTER FAIR CONDUCTED OR AWARDS PAID. (1) Any moneys remaining on hand after a county fair has been conducted within the county pursuant to the provisions of this act shall not be paid into the current expense fund of such county, but shall be retained in the custody of the treasurer of the county fair board, and may be used in the conduct of a county fair in the succeeding year or years; provided, however, that such moneys shall be paid into the current expense fund of the county upon order of the board of county commissioners in case the board of county commissioners shall at any time discontinue the holding of annual county fairs.
(2) In any case in which a county fair board, or any person, association or corporation with which the fair board has contracted to conduct activities permitted by law, has paid out moneys by check or warrant in the form of premiums, awards, winnings, prizes, or return of entry fees, and such check or warrant remains uncashed or unclaimed after one (1) year from date of issue, such check or warrant shall be presumed abandoned, and legal title shall revert to the issuer, and such check or warrant may be voided or canceled. The proceeds of such abandoned check or warrant shall not be subject to the provisions of chapter 5, title 14, Idaho Code.
History:
[(22-207) 1929, ch. 208, sec. 7, p. 411; I.C.A., sec. 22-207; am. 1985, ch. 7, sec. 1, p. 11.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 2 - COUNTY FAIR BOARDS › Section 22-208 - EXPENSES OF BOARD MEMBERS.

22-208. EXPENSES OF BOARD MEMBERS. The members of the county fair board shall be paid their actual and necessary expenses out of the funds provided for fair purposes, upon approval of claims for the same by the board of county commissioners.
History:
[(22-208) 1929, ch. 208, sec. 8, p. 411; I.C.A., sec. 22-208.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 2 - COUNTY FAIR BOARDS › Section 22-209 - POLICE AND FIRE PROTECTION FOR COUNTY FAIRS.

22-209. POLICE AND FIRE PROTECTION FOR COUNTY FAIRS. Notwithstanding any law to the contrary, any municipality in this state, having contiguous to its boundaries an established county fair ground, may by ordinance duly passed, extend to such county fair grounds, the police and fire protection of said municipality and any county, to which such protection is given, shall pay the costs thereof. Said sums to be paid out of the current expense fund of said county for the protection of county property on said fair grounds.
History:
[22-209, added 1941, ch. 83, sec. 1, p. 157.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 3 - FAIR DISTRICTS IN TWO OR MORE COUNTIES › Section 22-301 - FORMATION OF DISTRICTS.

22-301. FORMATION OF DISTRICTS. Two (2) or more counties within the state may group themselves together and form a fair district. Petitions fully setting out their purpose, the number of counties to be included within the proposed district, and praying for the formation of such a district, bearing the signatures of not less than fifty-one per cent (51%) of the voters of each county, as based upon the total vote cast for governor at the last state election, shall be presented to the respective boards of county commissioners.
Upon receipt of such petition the clerk of each board shall give notice by publication for not less than two (2) weeks that petition has been filed and will be heard by the board at a day named, not less than three (3) nor more than six (6) weeks thereafter.
History:
[(22-301) 1925, ch. 131, sec. 1, p. 185; am. 1931, ch. 210, sec. 1, p. 404; I.C.A., sec. 22-301.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 3 - FAIR DISTRICTS IN TWO OR MORE COUNTIES › Section 22-302 - CANVASS OF PETITIONS — ORDER ON PETITION — JOINT MEETING OF COUNTY BOARDS.

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.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 3 - FAIR DISTRICTS IN TWO OR MORE COUNTIES › Section 22-303 - ORDER CREATING DISTRICT — SUBDIVISIONS OF DISTRICT — BOARD OF DIRECTORS.

22-303. ORDER CREATING DISTRICT — SUBDIVISIONS OF DISTRICT — BOARD OF DIRECTORS. The respective boards shall meet at the time and place fixed, and the petitions of each county shall be duly considered and canvassed, and if all, or at least three (3) of them, are found in due order and signed by the requisite number of voters, the said commissioners shall jointly make an order creating the proposed district out of the counties in which the petitioners are found to be sufficient and shall give it a name, and at the same time subdivide the district into as many subdivisions as the commissioners deem necessary, numbering them. The said boards shall at the same time select a board of directors, one (1) from each subdivision, each of whom must reside within the subdivision he represents. Each director shall hold office for the term of four (4) years. Every four (4) years thereafter the board of county commissioners of the counties comprising the fair district shall select a board of directors. In case of a vacancy caused by death, resignation, or otherwise, said vacancy shall be filled for the unexpired term by the board of county commissioners of the county in which the vacancy occurs.
History:
[(22-303) 1925, ch. 131, sec. 3, p. 185; I.C.A., sec. 22-303; am. 1996, ch. 48, sec. 1, p. 141.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 3 - FAIR DISTRICTS IN TWO OR MORE COUNTIES › Section 22-304 - DUTIES OF BOARD OF DIRECTORS — BONDS AND MEETINGS.

22-304. DUTIES OF BOARD OF DIRECTORS — BONDS AND MEETINGS. The board of directors shall be charged with the care and custody of all property of the district fair. They shall file bonds in the sum of one thousand dollars ($1,000) each. They shall designate a place within the proposed district where the fair grounds shall be located and this place shall thereafter be the place of business of said district. They shall meet at this place of business once each month, or more frequently if the board deems it necessary to accomplish the business of the fair district. They shall see that all moneys are kept in safe depositories by the treasurer, properly safeguarded by bonds. They shall formulate in writing and file in the district office all plans adopted by them from time to time in connection with the conduct of the affairs of said district. They shall see that all records and accounts are properly kept, supervised and approved; that proper vouchers evidence all disbursements of money; that the records are at all reasonable hours open to the taxpayers of the counties comprising the district. They shall cause to be published in at least one (1) issue of a newspaper in each county comprising said district a detailed statement of the receipts and disbursements of the fair district, within sixty (60) days after the holding of each fair.
History:
[(22-304) 1925, ch. 131, sec. 4, p. 185; am. 1927, ch. 70, sec. 1, p. 86; I.C.A., sec. 22-304; am. 1941, ch. 167, sec. 1, p. 334; am. 1996, ch. 48, sec. 2, p. 142.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 3 - FAIR DISTRICTS IN TWO OR MORE COUNTIES › Section 22-305 - FURTHER DUTIES OF BOARD OF DIRECTORS.

22-305. FURTHER DUTIES OF BOARD OF DIRECTORS. The board of directors shall have power to employ a secretary, whom they may vest with general managerial powers; they shall also appoint a treasurer. The office of secretary may be combined in the same person with that of treasurer; but in no event shall any person serve as both director and manager. They shall have power to acquire for the benefit of the district, such property, real and personal, as may be required in connection with the conduct of district fairs. They shall have power to do everything necessary in connection with the holding of annual fairs, including the employment of labor, awarding of prizes, making of exhibition contracts, letting contracts for concessions or services to be conducted at the fair or under the direction of the district fair board, but if any concession or service is to extend for a period of less than ten (10) days in a calendar year, the concession or service may be awarded without bid, charging admission and entrance fees, and everything that is necessary in conducting the business of the district. They shall fix the salaries of all employees, and prescribe the time and manner of payments. They shall be vested with general powers granted by the laws of the state to directors of corporations, except as otherwise provided in this act.
They shall have power to issue warrants, after the special levies have been agreed upon by the representative boards of county commissioners, in anticipation of the collection of such special tax, but not in excess of eighty percent (80%) of the amount of such special levy, such warrants to be signed by the president and secretary of the district. They shall not have power to create any indebtedness in excess of the amount to be derived by special levies each year and the estimated income from annual fair exhibitions or to mortgage or otherwise pledge or encumber any of the real or personal property owned or controlled by the fair district.
History:
[(22-305) 1925, ch. 131, sec. 5, p. 185; am. 1927, ch. 70, sec. 2, p. 86; I.C.A., sec. 22-305; am. 1949, ch. 6, sec. 1, p. 7; am. 1973, ch. 179, sec. 2, p. 412.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 3 - FAIR DISTRICTS IN TWO OR MORE COUNTIES › Section 22-306 - COMPENSATION AND MILEAGE OF DIRECTORS.

22-306. COMPENSATION AND MILEAGE OF DIRECTORS. Said directors shall receive as compensation thirty-five dollars ($35.00) per diem while actually engaged in the business of the district and the mileage rate established by the state board of examiners pursuant to the authority in section 67-2008, Idaho Code, for state officers, agents and employees for each mile actually and necessarily traveled while transacting such business.
History:
[(22-306) 1925, ch. 131, sec. 6, p. 185; I.C.A., sec. 22-306; am. 1970, ch. 23, sec. 1, p. 50; am. 1975, ch. 7, sec. 1, p. 11; am. 1978, ch. 371, sec. 1, p. 976.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 3 - FAIR DISTRICTS IN TWO OR MORE COUNTIES › Section 22-308 - ADDITION OF COUNTIES TO DISTRICT.

22-308. ADDITION OF COUNTIES TO DISTRICT. A county or counties may be added to a fair district after its formation upon petition of not less than fifty-one per cent (51%) of the voters of such county or counties provided the boards of commissioners of the counties comprising such fair district determine that it is to the best interest of said district that such other county or counties be added.
History:
[(22-308) 1925, ch. 131, sec. 8, p. 185; I.C.A., sec. 22-308.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 3 - FAIR DISTRICTS IN TWO OR MORE COUNTIES › Section 22-309 - FISCAL YEAR.

22-309. FISCAL YEAR. The fiscal year of each fair district shall commence on the first day of November.
History:
[(22-309) I.C.A., sec. 22-308A, as added by 1941, ch. 167, sec. 3, p. 334.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 3 - FAIR DISTRICTS IN TWO OR MORE COUNTIES › Section 22-310 - DISPOSITION OF MONEYS REMAINING AFTER AWARDS PAID.

22-310. DISPOSITION OF MONEYS REMAINING AFTER AWARDS PAID. In any case in a fair district, or any person, association or corporation with which the fair district has contracted to conduct activities permitted by law, has paid out moneys by check or warrant in the form of premiums, awards, winnings, prizes, or return of entry fees, and such check or warrant remains uncashed or unclaimed after one (1) year from date of issue, such check or warrant shall be presumed abandoned, and legal title shall revert to the issuer, and such check or warrant may be voided or canceled. The proceeds of such abandoned check or warrant shall not be subject to the provisions of chapter 5, title 14, Idaho Code.
History:
[22-310, added 1985, ch. 7, sec. 2, p. 11.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 4 - PURE SEED LAW › Section 22-413 - STATEWIDE JURISDICTION AND PREEMPTION.

22-413. STATEWIDE JURISDICTION AND PREEMPTION. (1) This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the cultivation, production, processing, registration, labeling, sale, storage, transportation, distribution, notification of use, use of seeds, and planting of seeds to the exclusion of all local ordinances or regulations. Except as otherwise specifically provided in this chapter, no ordinance or regulation of any political subdivision may prohibit or in any way attempt to regulate any matter relating to the cultivation, production, processing, registration, labeling, sale, storage, transportation, distribution, notification of use, use of seeds, or planting of seeds.
(2) The provisions of subsection (1) of this section shall not preempt county or city local zoning ordinances governing the physical location or siting of seed facilities.
History:
[22-413, added 2005, ch. 401, sec. 1, p. 1366; am. 2015, ch. 101, sec. 1, p. 242.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 4 - PURE SEED LAW › Section 22-417 - EXEMPTIONS.

22-417. EXEMPTIONS. (1) The provisions of sections 22-415 and 22-416, Idaho Code, shall not apply:
(a) To seed or grain not intended for sowing purposes.
(b) To seed in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; provided, that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this chapter.
(2) No person shall be subject to the penalties of this chapter for having sold or offered for sale any seeds which were incorrectly labeled or misrepresented as to kind, variety, type, or origin and elevation, when the seeds cannot be differentiated by examination, unless he has failed to obtain reasonable documentation as an invoice, grower’s declaration or other labeling to verify the contents.
History:
[22-417, added 1951, ch. 243, sec. 4, p. 508; am. 1987, ch. 188, sec. 4, p. 378.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 4 - PURE SEED LAW › Section 22-419 - RECORDS.

22-419. RECORDS. Each person whose name appears on the label as handling agricultural, vegetable, flower or tree and shrub seeds subject to the provisions of this chapter shall keep for a period of two (2) years complete records of each lot of agricultural, vegetable, flower or tree and shrub seed handled and keep for one (1) year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to every shipment shall be accessible for inspection by the director or his agent during customary business hours.
History:
[22-419, added 1987, ch. 188, sec. 7, p. 380.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 4 - PURE SEED LAW › Section 22-420 - SEIZURE.

22-420. SEIZURE. Any lot of seed not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the seed is located. In the event that the court finds the seed does not meet the requirements set out in this chapter and orders the condemnation of the seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state; provided, that in no instance shall the court order such disposition of said seed without first having given the defendant an opportunity to apply to the court for release of the seed or permission to process or relabel it for compliance with the provisions of this chapter. Release of said seed shall be made only upon proof of compliance.
History:
[22-420, added 1951, ch. 243, sec. 7, p. 508; am. 1974, ch. 18, sec. 8, p. 364; am. 1987, ch. 188, sec. 8, p. 380.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 4 - PURE SEED LAW › Section 22-421A - INJUNCTION.

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.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 4 - PURE SEED LAW › Section 22-434 - SEED DEALER’S LICENSE.

22-434. SEED DEALER’S LICENSE. An in-state seed dealer or an out-of-state seed dealer who conditions or labels or sells, for the use of others any seed, shall obtain a license from the department authorizing him to condition or label or sell such seed. A dealer shall not be entitled to a license unless he has an established plant, warehouse or place of business.
(1) A separate license shall be required for each place of business from which seed regulated under this chapter is sold. Application for licenses shall be on a form provided by the director.
(2) Applications shall be renewed no later than July 1 of each year.
(3) Fees so collected shall be paid into the state treasury and credited to the state agricultural inspection account.
(4) In-state producers selling their own crop shall be exempt from this section.
(5) Any person selling seed who has total annual gross seed sales not exceeding five hundred dollars ($500) is exempt from this section.
(6) An in-state seed dealer or an out-of-state seed dealer, who sells, offers for sale, exposes for sale or delivers seed only in packages of less than eight (8) ounces shall be exempt from this section.
(7) The department may suspend, revoke, or refuse to issue or renew the license of any person when it is satisfied that:
(a) The applicant or licensee has been guilty of fraud, deception, or misrepresentation in the procurement of a license; and/or
(b) The licensee was guilty of violating any of the provisions of this chapter.
History:
[22-434, added 1985, ch. 247, sec. 2, p. 580; am. 1986, ch. 110, sec. 1, p. 303; am. 1989, ch. 41, sec. 1, p. 54; am. 1994, ch. 50, sec. 1, p. 88; am. 1997, ch. 17, sec. 2, p. 27; am. 1998, ch. 203, sec. 2, p. 722; am. 2000, ch. 140, sec. 1, p. 368; am. 2004, ch. 162, sec. 1, p. 528.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 4 - PURE SEED LAW › Section 22-435 - STATE SEED ADVISORY BOARD.

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.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 5 - SEED POTATOES › Section 22-501 - DEFINITIONS.

22-501. DEFINITIONS. When used in this chapter:
(1) "Department" means the department of agriculture of the state of Idaho.
(2) "Certified potatoes" means potatoes certified according to chapter 15, title 22, Idaho Code, the seed and plant certification act or a similar act of another state or country.
(3) "Director" means the director of the Idaho department of agriculture.
(4) "Distribute" means to offer for sale, sell, barter or otherwise supply potatoes or to supply, furnish or otherwise provide potatoes to a person.
(5) "Person" means any individual, partnership, corporation, firm, association or agent.
(6) "Potatoes" means potatoes (Solanum tuberosum) that may be sold for or used as seed potatoes.
History:
[22-501, added 1939, ch. 144, p. 261, no section number; am. 1996, ch. 215, sec. 1, p. 700; am. 2000, ch. 141, sec. 1, p. 369.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 5 - SEED POTATOES › Section 22-502 - PACKING AND TAGGING.

22-502. PACKING AND TAGGING. All potatoes sold or offered for sale as "Idaho certified seed potatoes" must be packed, tagged and sealed in accordance with the Idaho rules of certification as authorized under chapter 15, title 22, Idaho Code.
History:
[22-502, added 1939, ch. 144, sec. 2, p. 261; am. 1965, ch. 6, sec. 1, p. 8; am. 1996, ch. 215, sec. 2, p. 701.]