reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2922 - DEALERS’ RECORDS — TAX RETURNS.

22-2922. DEALERS’ RECORDS — TAX RETURNS. Every dealer or handler shall keep a complete and accurate record of all beans handled by him in the primary channels of trade, such record to be in such form as the commission shall by regulation or rule prescribe. Such records shall be preserved by such dealer or handler for a period of two (2) years and shall be open to inspection at any time upon written or oral request or demand by the commission or its duly authorized agent or employee. Every dealer or handler shall at such times as the commission may by rule or regulation require file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of beans handled by such dealer or handler in the primary channels of trade during the period or periods of time prescribed by the commission, and containing such further information as the commission may require.
History:
[22-2922, added 1957, ch. 94, sec. 12, p. 158.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2923 - PENALTY FOR VIOLATIONS.

22-2923. PENALTY FOR VIOLATIONS. Any person who shall violate or aid in the violation of any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than $300 or imprisonment for a period not to exceed 90 days, or both such fine and imprisonment, and all fines collected for violation of this act shall be paid into the Idaho bean marketing and production promotion fund.
History:
[22-2923, added 1957, ch. 94, sec. 13, p. 158.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3102 - DECLARATION OF POLICY AND PURPOSE OF ACT.

22-3102. DECLARATION OF POLICY AND PURPOSE OF ACT. It is hereby declared, as a matter of legislative determination, that economic waste is being fostered in the hop industry of the state of Idaho by the lack of proper advertising and dissemination of information necessary for the development and promotion of the sale of hops grown in the state of Idaho and by the lack of facilities and funds for research on marketing of and markets for hops and for research to improve the quality of hops, to develop and improve control of measures for diseases and pests which attack hops, to improve hop growing culture and to disseminate information to the growers; that hop producing areas in other states are promulgating advertising and promotion campaigns for their products throughout the United States and foreign countries to the extent that hops of this state must be advertised to be able to retain their place on the markets of the United States and foreign countries; and that it is in the interest of the public welfare and general prosperity of the state of Idaho that this avoidable and unnecessary loss of markets to other producing areas be eliminated by the advertising of hops grown in the state of Idaho and that the growers have at their disposal all available information on the best and most advanced methods of growing, harvesting and marketing hops. The purpose of this act is to promote the general welfare of our people by increasing the production of and expanding the market for hops grown in the state of Idaho.
History:
[22-3102, added 1955, ch. 224, sec. 2, p. 489.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3103 - DEFINITIONS.

22-3103. DEFINITIONS. Wherever used or referred to in this act:
1. The term "commission" means the Idaho hop grower’s commission.
2. The term "person" means individual, partnership, corporation, association, growers or any other business unit.
3. The term "hops" means all hops grown, picked, dried and baled in the state of Idaho and all oils or extracts or lupulin derived therefrom but does not include hops, or any oils or extracts or lupulin derived therefrom which are grown in the state of Idaho but which are picked, or dried or baled outside of the state of Idaho and hops, or any oils, extracts or lupulin derived therefrom, which are grown outside of the state of Idaho but are picked, or dried or baled in the state of Idaho.
4. The term "grower" means the actual producer of hops.
5. The term "bale" means 200 pounds of hops net.
6. The term "handled in the primary channels of trade," means the time when any hops are delivered under a sales contract or delivered for shipment or delivered for processing or consumption.
7. The term "dealer" means and includes any person engaged in the business of buying, receiving, handling or selling hops for profit or remuneration.
History:
[22-3103, added 1955, ch. 224, sec. 3, p. 489; am. 1963, ch. 335, sec. 1, p. 959.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3104 - IDAHO HOP GROWER’S COMMISSION CREATED — QUALIFICATIONS.

22-3104. IDAHO HOP GROWER’S COMMISSION CREATED — QUALIFICATIONS. There is hereby created and established within the department of agriculture an Idaho hop grower’s commission to be known and designated as such which shall be composed of five (5) practical growers, elected as provided in section 22-3113, Idaho Code. Each member of the commission shall be a resident citizen of the state of Idaho for a period of four (4) years prior to his election, shall have had active experience and be now actually engaged in growing hops in Idaho and shall derive a substantial portion of his income from growing hops or be the directing or managing head of a corporation, firm, partnership or other business unit which derives a substantial portion of its income from growing hops. To continue holding office, each member must remain qualified. The governor may remove a member if he becomes disqualified during his term of office or for inability to carry out his duties as commissioner. Upon the establishment of the commission, one (1) member shall serve for a term of one (1) year, two (2) members shall serve for a term of two (2) years, two (2) members shall serve for a term of three (3) years and thereafter all terms of office shall be for a term of three (3) years. The term of office of each member of the commission shall terminate on the third Monday of January of the year in which the term for which the member was elected ends, but each member of the commission shall serve until his respective successor is elected and has qualified. Before entering on the discharge of their duties as members of the commission, each member shall take and subscribe to the oath of office prescribed by law. A majority of the members of the commission shall constitute a quorum for the transaction of all business and the carrying out of all duties of the commission. The commission shall annually elect a chairman from among its members. Members of the commission shall receive no salary except upon the unanimous vote of the commission; however, members, officers and employees of the commission shall be compensated as provided by section 59-509(b), Idaho Code. The commission shall adopt uniform and reasonable regulations governing the incurring and paying of such expenses.
History:
[22-3104, added 1955, ch. 224, sec. 4, p. 489; am. 1967, ch. 216, sec. 1, p. 650; am. 1974, ch. 18, sec. 74, p. 364; am. 1980, ch. 247, sec. 14, p. 593; am. 1983, ch. 34, sec. 1, p. 84.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3106 - MARKINGS REQUIRED.

22-3106. MARKINGS REQUIRED. In addition to any other brands, labels, stencils, or other marks approved by the commission to be placed upon hops, all hops shall be branded, labeled, stenciled or marked with one (1) identifying distinctive mark defined or designated by the commission which shall identify the hops as having been grown in Idaho. This identifying distinctive mark shall be affixed in such position and manner as the commission may by rule or regulation prescribe to each container of hops or bale at the time such hops are first handled in the primary channels of trade by the person who first handled such hops in the primary channels of trade. No person shall brand, label, stencil or mark any hops, except hops as defined in this act, with such identifying distinctive mark defined or designated by the commission as herein provided.
History:
[22-3106, added 1955, ch. 224, sec. 6, p. 489; am. 1963, ch. 335, sec. 3, p. 959.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3108 - PAYMENT OF ASSESSMENT.

22-3108. PAYMENT OF ASSESSMENT. All assessments levied and imposed under and pursuant to the provisions of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the hops are first handled in the primary channels of trade.
History:
[22-3108, added 1955, ch. 224, sec. 8, p. 489; am. 1967, ch. 216, sec. 4, p. 650.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3109 - ASSESSMENT RETURN.

22-3109. ASSESSMENT RETURN. Every grower and dealer shall at such times as the commission may by rule or regulation prescribed, file with the commission a return under oath on forms to be prescribed by and furnished by the commission, stating the number of bales handled in the primary channels of trade during the period or periods of time prescribed by the commission and such other information as the commission may require.
History:
[22-3109, added 1955, ch. 224, sec. 9, p. 489; am. 1967, ch. 216, sec. 5, p. 650.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3110 - PENALTY FOR ASSESSMENT DEFAULTS.

22-3110. PENALTY FOR ASSESSMENT DEFAULTS. Any grower or dealer who fails to make collection or to file return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five per cent (5%) of the amount of the assessment determined to be due, as provided in this act, plus one per cent (1%) of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such assessment became due. The commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and disposed of as provided with respect to moneys derived from the assessments levied and imposed by this act.
History:
[22-3110, added 1955, ch. 224, sec. 10, p. 489; am. 1967, ch. 216, sec. 6, p. 650.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3111 - ENFORCEMENT OF ACT.

22-3111. ENFORCEMENT OF ACT. The commission shall have the power by its duly authorized agent or representative to enter upon the premises of any grower or dealer to examine any books, papers, records or memorandum [memoranda] bearing on the amount of assessments or license fees payable and to secure other information directly or indirectly concerned in the enforcement of this act. No person who is required to pay the assessments or license fees levied and imposed by this act shall by any practice or evasion make it difficult to enforce the provisions of this act by inspection, nor shall such person after demand by the commission, or any agent or representative designated by it for that purpose, refuse to allow full inspection of the premises or any part thereof or any books, records, documents or other instruments in any way relative to the liability of such person for the assessment or license fee herein imposed nor shall such person hinder or in any manner delay or prevent such inspection.
History:
[22-3111, added 1955, ch. 224, sec. 11, p. 489; am. 1967, ch. 216, sec. 7, p. 650.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3112 - DISPOSITION OF RECEIPTS — USE OF MONEYS BY COMMISSION — TRANSFER OF FUND.

22-3112. DISPOSITION OF RECEIPTS — USE OF MONEYS BY COMMISSION — TRANSFER OF FUND. 1. As soon as possible after receipt, all moneys received by the commission from the assessment levied under section 22-3107, Idaho Code, and all other moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such accounts and such banks or trust companies. All funds so deposited in said institutions are hereby appropriated for the purpose of carrying out the provisions of this act.
2. (a) No moneys shall be withdrawn from 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 and countersigned by such other member, officer or employee of the commission as the commission designates. A receipt, voucher or other written record, showing clearly the nature and items covered by each check or other order, shall be kept.
(b) All moneys referred to in subsection 1 of this section shall be used by the commission only for the payment of expenses of the commission in carrying out the powers conferred on the commission.
3. Funds presently held by the state of Idaho in the Idaho hop grower’s commission fund shall be, and hereby are, transferred therefrom to the depository or depositories selected under this act by the commission, and the treasurer of the state of Idaho is hereby directed to transfer such funds.
4. The right is reserved to the state of Idaho to audit all funds of the commission at any time.
History:
[I.C., sec. 22-3112, reen. 1967, ch. 216, sec. 8, p. 650.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3113 - ELECTION OF COMMISSION MEMBERS BY GROWERS — PROCEDURES FOR SAID ELECTIONS — VACANCY.

22-3113. ELECTION OF COMMISSION MEMBERS BY GROWERS — PROCEDURES FOR SAID ELECTIONS — VACANCY. 1. The members of the commission shall be elected by secret mail ballot under the supervision of the director of the department of agriculture. Members of the commission shall be elected by a majority of the votes cast by the grower members, each grower being entitled to one (1) vote. If a nominee does not receive a majority of the votes on the first ballot, a run-off election shall be held by mail in a similar manner between the two (2) candidates for such position receiving the largest number of votes. The cost of said election shall be paid by the commission although it is supervised by the department of agriculture.
2. Any office which becomes vacant before expiration of the member’s term shall be filled by election in the manner provided for regular elections, except that such office may remain vacant until the next regular election if the vacancy is for less than one (1) year. The term of the new director [commissioner] under this subsection shall be only for the unexpired term for which he was elected.
History:
[I.C., sec. 22-3113, reen. 1967, ch. 216, sec. 9, p. 650; am. 1974, ch. 18, sec. 76, p. 364.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3114 - DEALER’S LICENSE REQUIRED — APPLICATION — FEES — SURETY BOND — REVOCATION OF LICENSE — FORFEITURE OF BOND.

22-3114. DEALER’S LICENSE REQUIRED — APPLICATION — FEES — SURETY BOND — REVOCATION OF LICENSE — FORFEITURE OF BOND. No person shall act as dealer in hops without having obtained a license as provided in this act. Every person acting as a dealer shall file a written application with the commission for a license as such which application shall state the applicant’s name, principal business addresses within and without the state of Idaho, the name of the person authorized to receive and accept service of summons and legal notices of all kinds for the applicant within the state of Idaho and such other information as the commission may require. Each application shall be accompanied with a license fee of fifty dollars ($50.00) and by a good and sufficient surety bond in the penal sum of two thousand dollars ($2,000) executed by the applicant as principal and by a surety company authorized to do business in the state of Idaho as surety and conditioned upon the applicant’s full and complete compliance with the provisions of this act and all of the rules and orders of the commission. The commission shall investigate each applicant thoroughly and if the commission is satisfied that the applicant is of good character and reputation and is financially responsible, a license shall be issued for the period ending on the next succeeding first Monday of January, otherwise the application shall be denied. The commission may revoke a license after thirty (30) days’ written notice of its intention so to do, and after providing the licensee with an opportunity for an appropriate contested case in accordance with the provisions of chapter 52, title 67, Idaho Code, if the licensee shall wilfully fail to fully and completely comply with the provisions of this act and all of the rules and orders of the commission. Upon the revocation of such license the full amount of the bond shall be forfeited and damages in that sum shall be conclusively presumed to have been incurred by the commission. All license fees and all bond forfeitures shall be deposited as provided in section 22-3112, Idaho Code. Any person aggrieved by the final action of the commission is entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
History:
[22-3114, added 1955, ch. 224, sec. 14, p. 489; am. 1967, ch. 216, sec. 10, p. 650; am. 1993, ch. 216, sec. 4, p. 590.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3115 - PENALTY FOR VIOLATION.

22-3115. PENALTY FOR VIOLATION. Every person who shall violate or aid in the violation of any of the provisions of this act or any of the rules, regulations or orders of the commission adopted pursuant to the authority conferred by this act, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not exceeding ninety (90) days or by both such fine and imprisonment and all fines collected for violation of this act shall be deposited as provided in section 22-3112.
History:
[22-3115, added 1955, ch. 224, sec. 15, p. 489; am. 1967, ch. 216, sec. 11, p. 650.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3116 - REFERENDUM ON CONTINUANCE OF COMMISSION — PROCEDURES.

22-3116. REFERENDUM ON CONTINUANCE OF COMMISSION — PROCEDURES. After five (5) years from the date the commission was created, a referendum may be held at the petition of the growers or at the request of the commission. The question shall be submitted by secret mail ballots upon which the words "For continuance of the Idaho Hop Grower’s Commission" and "Against continuance of the Idaho Hop Grower’s Commission" are printed, with a square before each proposition and a direction to insert an "X" mark in the square before the proposition which the voter favors. In the event a referendum is held as provided in this section, no further referendum on the question of discontinuance of such commission shall be held within five (5) years from the date the results of the previous referendum was declared.
The referendum must be held and supervised by the department of agriculture upon its receiving either of the following:
1. A petition signed by 20% of the growers, or 200 growers, whichever is less. The petitioners shall pay the cost of such referendum if the commission continues but the commission must bear the cost if the majority vote is in favor of discontinuance.
2. A written request from the commission. The commission shall pay the cost of such referendum.
The referendum shall be held, notice thereof given, expenses thereof paid and the result determined, declared and recorded in the office of the secretary of state. No hearing or district meetings of the grower members shall be made prior to the referendum upon the question of determining whether such referendum should be held.
Notice of such referendum must be given by the commission in a manner determined by them. The ballots must also be prepared by the commission and forwarded to the grower members, who shall return them within 20 days after mailing by the commission.
History:
[I.C., sec. 22-3116, as added by 1967, ch. 216, sec. 12, p. 650.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 31 - HOPS — PROMOTION OF INDUSTRY › Section 22-3117 - WINDING UP OF COMMISSION’S AFFAIRS IF VOTE IS IN FAVOR OF DISCONTINUANCE.

22-3117. WINDING UP OF COMMISSION’S AFFAIRS IF VOTE IS IN FAVOR OF DISCONTINUANCE. If the vote at the referendum provided in section 22-3114 [22-3116], Idaho Code, is in favor of discontinuation, the commission shall as rapidly as possible terminate its activities, convert its assets to cash and do all other things necessary to terminate its activities. At the termination of such activities, any funds remaining in possession of the commission shall be paid to the University of Idaho for research regarding hops.
History:
[I.C., sec. 22-3117, as added by 1967, ch. 216, sec. 13, p. 650.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3301 - DECLARATION OF POLICY.

22-3301. DECLARATION OF POLICY. It is to the interest of all the people that the abundant natural resources of Idaho be protected, fully developed and uniformly distributed. Among the agricultural industries of the state of Idaho that contribute to the economic welfare of the state is the wheat industry. It is the purpose of this act to promote the public health and welfare of the citizens of our state by providing means for the protection, promotion, study, research, analysis and development of markets concerning the growing and marketing of Idaho wheat.
History:
[22-3301, added 1959, ch. 6, sec. 1, p. 13; am. 2012, ch. 77, sec. 1, p. 223.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3302 - WHEAT COMMISSION CREATED — MEMBERS.

22-3302. WHEAT COMMISSION CREATED — MEMBERS. There is hereby created and established in the department of self-governing agencies the "Idaho Wheat Commission" to be composed of five (5) members appointed by, and serving at the pleasure of, the governor, one (1) from each of the five (5) commission districts referred to in section 22-3304, Idaho Code, who shall be appointed by the governor from a list of names with at least three (3) names for each appointive office for each district submitted to the governor by the Idaho state wheat growers association, doing business as the Idaho grain producers association, and they shall hold office for a term of five (5) years. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, shall be an ex officio member without vote of the commission.
History:
[22-3302, added 1959, ch. 6, sec. 2, p. 13; am. 1974, ch. 13, sec. 11, p. 138; am. 2012, ch. 77, sec. 2, p. 223.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3303 - DEFINITIONS.

22-3303. DEFINITIONS. As used in this act, unless the context requires otherwise:
(1) "Commercial channels" means the sale of wheat for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat.
(2) "Commission" means the Idaho wheat commission.
(3) "First purchaser" means any person, group, association or partnership that buys wheat from the grower in the first instance, or any lienholder, public or private, including the Commodity Credit Corporation, who may possess wheat from the grower under any lien.
(4) "Grower" means any landowner personally engaged in growing wheat, a tenant of the landowner personally engaged in growing wheat, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, sharecropper or any and all other business units, devices and arrangements.
(5) "Sale" includes any pledge, mortgage or delivery of wheat for sale after harvest to any person, public or private.
(6) "Delivery" means placing of wheat into the primary channels of trade.
(7) "Crop reduction program" means an offer by an agency of the United States government to give growers an amount of wheat as payment for reducing planted acreage of wheat.
History:
[22-3303, added 1959, ch. 6, sec. 3, p. 13; am. 1983, ch. 227, sec. 1, p. 628.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3304 - QUALIFICATION OF MEMBERS.

22-3304. QUALIFICATION OF MEMBERS. (1) Members of the commission shall be selected and appointed because of their ability and disposition to serve the state’s interest and for knowledge of the state’s natural resources. Members shall be citizens over twenty-five (25) years of age, residents of the state who have been actually engaged in growing wheat in this state for at least five (5) years, and who derive a substantial portion of their income from growing wheat in the state of Idaho.
(2) There shall be one (1) member from each of the five (5) districts described hereinafter:
District 1. The six (6) northern counties: Boundary, Bonner, Kootenai, Benewah, Latah and Shoshone.
District 2. Nez Perce, Lewis, Idaho, Adams, Washington, Payette, Gem, Boise, Valley and Clearwater Counties.
District 3. Canyon, Owyhee, Ada, Elmore, Camas, Gooding, Twin Falls, Blaine, Lincoln, Jerome, Minidoka and Cassia Counties.
District 4. Lemhi, Custer, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bingham and Bonneville Counties.
District 5. Power, Bannock, Caribou, Oneida, Franklin and Bear Lake Counties.
History:
[22-3304, added 1959, ch. 6, sec. 4, p. 13; am. 2012, ch. 77, sec. 3, p. 223.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3305 - TERM OF MEMBERS.

22-3305. TERM OF MEMBERS. (1) Each year the governor shall appoint one (1) member to the commission for a term of five (5) years ending on June 30th; except that a member appointed to fill a vacancy occurring before the expiration of the term of a member separated from the commission for any cause, shall be appointed for the remainder of the term of the member whose position has been vacant.
(2) Each member shall hold office until his successor is appointed and qualified.
(3) The executive committee of the Idaho state wheat growers association, doing business as the Idaho grain producers association, may request the removal of a commissioner, with or without cause, by a majority vote. Upon receipt of the request, the governor may immediately withdraw the commissioner’s appointment.
History:
[22-3305, added 1959, ch. 6, sec. 5, p. 13; am. 2012, ch. 77, sec. 4, p. 224.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3306 - COMPENSATION OF MEMBERS.

22-3306. COMPENSATION OF MEMBERS. Members of the commission shall be compensated as provided by section 59-509(h), Idaho Code.
History:
[22-3306, added 1959, ch. 6, sec. 6, p. 13; am. 1980, ch. 247, sec. 15, p. 594; am. 1990, ch. 157, sec. 1, p. 343.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3307 - CHAIRMAN AND EXECUTIVE DIRECTOR OF COMMISSION.

22-3307. CHAIRMAN AND EXECUTIVE DIRECTOR OF COMMISSION. The commission shall elect a chairman and shall employ an executive director who is not a member of the commission.
History:
[22-3307, added 1959, ch. 6, sec. 7, p. 13; am. 2000, ch. 99, sec. 1, p. 219.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3308 - MEETINGS OF COMMISSION.

22-3308. MEETINGS OF COMMISSION. The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman or upon the written request of two (2) or more commission members. The chairman may call special meetings of the commission at any time or place.
History:
[22-3308, added 1959, ch. 6, sec. 8, p. 13; am. 2012, ch. 77, sec. 5, p. 224.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3309 - DUTIES AND POWERS OF COMMISSION.

22-3309. DUTIES AND POWERS OF COMMISSION. (1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes.
(2) In the administration of this act, the commission shall have the following duties, authorities and powers:
(a) To conduct a campaign of research, education and publicity.
(b) To find new markets for wheat and wheat products.
(c) To give, publicize and promulgate reliable information showing the value of wheat and wheat products for any purpose for which it is found useful and profitable.
(d) To make public and encourage the widespread national and international use of the special kinds of wheat and wheat products produced from all varieties of wheat grown in Idaho.
(e) To investigate and participate in studies of the problems peculiar to the producers of wheat in Idaho.
(3) The commission shall have the duty, power and authority:
(a) To take such action as the commission deems necessary or advisable in order to stabilize and protect the wheat industry of the state and the health and welfare of the public.
(b) To sue and be sued.
(c) To enter into such contracts as may be necessary or advisable.
(d) To appoint and employ officers, agents and other personnel, including experts in agriculture and the publicizing of the products thereof, and to prescribe their duties and fix their compensation.
(e) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state.
(f) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity and reciprocal enforcement.
(g) To lease, purchase or own the real or personal property deemed necessary in the administration of this act.
(h) To prosecute in the name of the state of Idaho any suit or action for collection of the tax or assessment provided for in this act.
(i) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and regulations for the procedure and exercise of its powers and the performance of its duties, including the calling of any referendum of the wheat growers in the state of Idaho as deemed necessary by the commission.
(j) To incur indebtedness and carry on all business activities.
(k) To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller at all times and to the public as set forth in chapter 1, title 74, Idaho Code.
History:
[22-3309, added 1959, ch. 6, sec. 9, p. 13; am. 1994, ch. 180, sec. 25, p. 439; am. 2012, ch. 77, sec. 6, p. 224; am. 2015, ch. 141, sec. 34, p. 411.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3310 - COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS.

22-3310. COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS. The commission may solicit and 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 wheat 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:
[22-3310, added 1959, ch. 6, sec. 10, p. 13; am. 1988, ch. 191, sec. 1, p. 346; am. 2012, ch. 77, sec. 7, p. 225.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3311 - BONDS OF AGENTS AND EMPLOYEES.

22-3311. BONDS OF AGENTS AND EMPLOYEES. The commission may require that the executive director, or any agent or employee appointed by the commission be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.
History:
[22-3311, added 1959, ch. 6, sec. 11, p. 13; am. 1971, ch. 136, sec. 8, p. 522; am. 2000, ch. 99, sec. 2, p. 219; am. 2012, ch. 77, sec. 8, p. 225.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3312 - APPOINTMENT OF EXECUTIVE DIRECTOR — DUTIES — SALARY.

22-3312. APPOINTMENT OF EXECUTIVE DIRECTOR — DUTIES — SALARY. The commission shall appoint an executive director who shall devote full time to the administration of this chapter. The executive director shall be paid a reasonable salary fixed by the commission, commensurate with his duties, and all necessary expenses.
History:
[22-3312, added 1959, ch. 6, sec. 12, p. 13; am. 2000, ch. 99, sec. 3, p. 219; am. 2012, ch. 77, sec. 9, p. 225.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3314 - STATE NOT LIABLE FOR ACTS OR OMISSIONS OF COMMISSION OR OF ITS EMPLOYEES.

22-3314. 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 member thereof or any officer, agent or employee thereof.
History:
[22-3314, added 1959, ch. 6, sec. 14, p. 13.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3316 - DELIVERY OF INVOICES TO GROWERS.

22-3316. DELIVERY OF INVOICES TO GROWERS. (1) The purchaser, at the time of settlement, shall make and deliver separate invoices for each purchase to the grower.
(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 or names and address or addresses of the grower and seller.
(b) The name and address of the purchaser.
(c) The number of bushels of wheat sold.
(d) The date of the 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:
[22-3316, added 1959, ch. 6, sec. 16, p. 13.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3318 - PENALTIES.

22-3318. PENALTIES. Any person who shall violate or aid in the violation of any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than three hundred dollars ($300) or imprisonment not to exceed ninety (90) days, or both. Fines collected for violation of this act shall be paid into any account of the commission established pursuant to section 22-3319, Idaho Code.
History:
[22-3318, added 1959, ch. 6, sec. 18, p. 13; am. 2012, ch. 77, sec. 12, p. 226.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 33 - WHEAT — PROMOTION OF MARKETING › Section 22-3319 - DEPOSIT AND DISBURSEMENT OF FUNDS.

22-3319. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited annually by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
History:
[22-3319, added 1988, ch. 191, sec. 3, p. 346; am. 1993, ch. 327, sec. 8, p. 1200; am. 1994, ch. 180, sec. 26, p. 440; am. 1996, ch. 159, sec. 9, p. 513; am. 2003, ch. 32, sec. 8, p. 121.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3403 - EXPERIMENTAL PERMITS.

22-3403. EXPERIMENTAL PERMITS. Provided that the state is authorized by the Administrator of EPA to issue experimental permits and subject to the terms and conditions of such authorization, the director may:
(1) Issue an experimental permit to any person applying for an experimental permit if he determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide for a special local need under section 22-3402(5), Idaho Code, and that the pesticide use under the proposed terms and conditions would not cause unreasonable adverse effects on the environment.
(2) Prescribe terms, conditions, and period of time for the experimental permit.
(3) Revoke or modify any experimental permit, at any time, if he finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
History:
[22-3403, added 1976, ch. 190, sec. 2, p. 695; am. 1996, ch. 22, sec. 3, p. 49.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3406A - RESPONSIBILITIES OF CHEMICAL SUPPLIERS.

22-3406A. RESPONSIBILITIES OF CHEMICAL SUPPLIERS. Any person who supplies or sells at retail a chemical and who knows or has reason to know that the chemical will be applied by chemigation shall sell chemicals only to licensed professional or private applicators with a chemigation category.
History:
[22-3406A, added 1999, ch. 69, sec. 6, p. 187.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3406B - CHEMIGATOR RESPONSIBILITIES.

22-3406B. CHEMIGATOR RESPONSIBILITIES. The chemigator shall be responsible for assuring that the irrigation system and chemigation equipment functions properly.
History:
[22-3406B, added 1999, ch. 69, sec. 7, p. 187.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3407 - REQUALIFICATION.

22-3407. REQUALIFICATION. The director may renew any applicant’s license or permit issued under the provisions of this act provided the applicant has met the requirements imposed by the director to ensure that the applicant continues to meet the requirements of changing technology and to assure the proper and safe use of pesticides or chemicals.
History:
[22-3407, added 1976, ch. 190, sec. 2, p. 699; am. 1999, ch. 69, sec. 8, p. 187.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3407A - USE OF IRRIGATION SYSTEM FOR CHEMIGATION — COMPLIANCE WITH STANDARDS AND REQUIREMENTS.

22-3407A. USE OF IRRIGATION SYSTEM FOR CHEMIGATION — COMPLIANCE WITH STANDARDS AND REQUIREMENTS. Any person who utilizes an irrigation system for chemigation shall comply with any standards and requirements which are established pursuant to section 22-3421, Idaho Code, and shall be certified and licensed as provided in this chapter.
History:
[22-3407A, added 1999, ch. 69, sec. 9, p. 188.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3407B - DEPARTMENT TO COMPILE LIST.

22-3407B. DEPARTMENT TO COMPILE LIST. The department shall compile a list of the types of chemigation systems or portions thereof which may be used by persons to apply chemicals through an irrigation system in accordance with the rules promulgated under section 22-3421, Idaho Code. This list shall be made public and constitutes state recognition of a chemigation system.
History:
[22-3407B, added 1999, ch. 69, sec. 10, p. 188.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3408 - STOP SALE, USE OR REMOVAL ORDER AND CHEMIGATION STOP WORK ORDER.

22-3408. STOP SALE, USE OR REMOVAL ORDER AND CHEMIGATION STOP WORK ORDER. (1) The department may issue and enforce a written stop sale, use or removal order to the owner or custodian of any pesticide or device to hold such pesticide or device at a designated place when the department finds such pesticide or device being distributed in violation of any of the provisions of this act or rules, or is likely to cause unreasonable adverse effects on the environment. The director shall release the pesticide or device by written order when the owner or custodian has complied with all of the provisions of this act and rules.
(2) The department may issue and enforce a written or printed chemigation stop work order to any person engaged in, conducting or carrying on chemigation when the department finds the chemigation is in violation of the provisions of this chapter or any rules promulgated pursuant to this chapter.
(3) The chemigation stop work order shall be in effect until the provisions of this chapter or rules promulgated pursuant to this chapter have been complied with.
History:
[22-3408, added 1976, ch. 190, sec. 2, p. 699; am. 1996, ch. 22, sec. 7, p. 53; am. 1999, ch. 69, sec. 11, p. 188.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3409 - DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE OR PERMIT.

22-3409. DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE OR PERMIT. The director is authorized subsequent to a hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, to deny, suspend, revoke or modify any license or permit provided for in this act in any case in which he finds that the holder of an applicator’s license, operator’s license or permit has been convicted or is subject to a final order imposing a civil penalty under Section 14, Federal Insecticide, Fungicide, Rodenticide Act, or that there has been a failure or refusal to comply with the provisions of this act or rules promulgated by the director.
History:
[22-3409, added 1976, ch. 190, sec. 2, p. 699; am. 1996, ch. 22, sec. 8, p. 53.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3410 - RECIPROCITY.

22-3410. RECIPROCITY. The director may at his discretion issue a license or permit without examination to a nonresident who is licensed or certified in another jurisdiction where the requirements are substantially in accordance with the provisions of this act.
History:
[22-3410, added 1976, ch. 190, sec. 2, p. 700.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3411 - CHANGE OF ADDRESS OR PLACE OF BUSINESS.

22-3411. CHANGE OF ADDRESS OR PLACE OF BUSINESS. Any person who has been issued a license or permit under the provisions of this act shall immediately notify the department in writing when he changes his address or place of business.
History:
[22-3411, added 1976, ch. 190, sec. 2, p. 700; am. 1996, ch. 22, sec. 9, p. 54.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3412 - DELEGATION OF DUTIES.

22-3412. DELEGATION OF DUTIES. All authority vested in the director by virtue of the provisions of this act may with like force and effect be executed by designated employees of the department of agriculture as the director may from time to time designate for said purpose.
History:
[22-3412, added 1976, ch. 190, sec. 2, p. 700.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3413 - CONTAINER DISPOSAL.

22-3413. CONTAINER DISPOSAL. Partially full or empty pesticide containers shall be disposed of as prescribed by the Idaho department of environmental quality and in accordance with federal regulations.
History:
[22-3413, added 1976, ch. 190, sec. 2, p. 700; am. 2001, ch. 103, sec. 4, p. 260.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3414 - INSPECTION.

22-3414. INSPECTION. (1) For the purpose of carrying out the provisions of this act the director may enter on any public or private premises at reasonable times in order to have access for the purpose of observing the use and application of pesticides, inspecting records that are required to be maintained by this act, chemigation equipment and standards, chemical use for chemigation, spraying equipment, storage facilities, disposal areas, investigating complaints of injury, inspection and sampling of land and sampling pesticides being distributed, offered for sale, applied or to be applied. The department shall conduct, or make provision to conduct, at least two hundred fifty (250) annual chemigation system inspections to assure the effectiveness of the chemigation system from keeping chemicals out of surface and ground water.
(2) Should the director be denied access to any land where such access was sought for the purposes set forth in this act, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may, upon such application, issue the search warrant for the purposes requested.
History:
[22-3414, added 1976, ch. 190, sec. 2, p. 700; am. 1999, ch. 69, sec. 12, p. 189.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3415 - FEES COLLECTED — DISPOSITION.

22-3415. FEES COLLECTED — DISPOSITION. All fees collected under the provisions of this act shall be deposited with the state treasurer and be credited to the pesticide fund of the department of agriculture to be used only for carrying out the provisions of this act.
History:
[22-3415, added 1976, ch. 190, sec. 2, p. 700.]