reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3416 - COOPERATION WITH OTHER AGENCIES.

22-3416. COOPERATION WITH OTHER AGENCIES. The director is authorized to cooperate with and enter into agreements with any other state or federal agency in order to carry out the provisions of this act and to assure uniformity of rules and regulations.
History:
[22-3416, added 1976, ch. 190, sec. 2, p. 701; am. 1996, ch. 22, sec. 10, p. 54.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3417 - DAMAGE CLAIMS.

22-3417. DAMAGE CLAIMS. (1) Any individual suffering loss or damage resulting from the use or application by others of any pesticide must file with the department a written report of loss which contains but is not limited to the following information:
(a) The name and address of the claimant; and
(b) the type of property alleged to be damaged; and
(c) the name of the individual applying the pesticide and allegedly responsible; and
(d) the name of the owner or lessee of the property for whom such application of pesticide was made.
This report must be filed within sixty (60) days of the occurrence of the alleged damage, or prior to the harvest of more than twenty-five percent (25%) of such damaged crop.
(2) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered a bar to the maintenance of any criminal or civil action.
(3) The failure to file such a report shall not be a violation of this act.
(4) The department may investigate and determine the nature and extent of the alleged damage.
(5) The department shall prepare and file in its office a report of its investigation.
(6) Copies of the report made by the department may be given upon request to individuals who are financially interested in the matter.
History:
[22-3417, added 1976, ch. 190, sec. 2, p. 701.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3417A - LIABILITY LIMITED.

22-3417A. LIABILITY LIMITED. There shall be no liability on the part of and no action for damages against any aerial pesticide applicator for the noise of application in the vicinity of a ratite farm if the applicator notifies the owner of the ratites not less than twenty-four (24) hours nor more than forty-eight (48) hours prior to the application. Provided however, that the applicator shall follow all federal aviation administration rules and regulations and all state statutes and rules regarding aerial applications. The provisions of this section shall not limit liability for harassment or willful violations of state or federal law or rules or regulations promulgated pursuant to those laws.
History:
[22-3417A, added 1995, ch. 217, sec. 1, p. 755.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3418 - RESTRICTED PESTICIDE USE.

22-3418. RESTRICTED PESTICIDE USE. (1) The director may by rule restrict or prohibit the use of pesticides if he finds that the labeled use of such pesticides requires the rules restricting their use are necessary to prevent injury to land, people, animals, crops or the environment other than the pests of vegetation which they are intended to destroy.
(2) The areas affected, and the time and conditions of use of such restricted-use pesticides shall be prescribed by rule.
History:
[22-3418, added 1976, ch. 190, sec. 2, p. 701; am. 1996, ch. 22, sec. 11, p. 54.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3419 - PROCEDURE FOR ESTABLISHING A RESTRICTED AREA.

22-3419. PROCEDURE FOR ESTABLISHING A RESTRICTED AREA. (1) The director may upon his own initiative, or upon the petition of a number of owners, lessees or operators of land in an area within a county or two (2) or more contiguous counties in the state may, if it is deemed necessary, issue a proposal to establish a restricted area. The proposal shall set forth the boundaries of the area and the rules proposed to govern the use of pesticides. The director shall hold a hearing in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code, at a place in reasonable proximity to the proposed area. As soon as possible after completion of the hearing, the director shall make rules applicable thereto or refuse to take such action. The order shall be based on substantial evidence of record at the hearing and shall include findings of fact upon which it is based; Provided, however, that whenever twenty-five (25) or more landowners, representing at least seventy percent (70%) of the acres of land situated within the proposed area, shall sign a petition requesting that a referendum be held, the director shall then conduct a referendum as set forth in subsection (2) of this section.
(2) Whenever in the judgment of the director, the need for the creation of a restricted area cannot be adequately determined by the director after investigation, the director shall conduct a referendum on this question of necessity, by ballot in the area concerned at a public hearing, after notice, setting the time and place, once each week for two (2) weeks before the hearing has been published in a newspaper of general circulation in the area affected. Any person owning, leasing or operating three (3) acres or more within the proposed area is eligible to vote in the referendum. Unless the votes cast in favor of the creation of a restricted area constitute a two-thirds (2/3) majority of those voting, the area shall not be created. If there is such majority, the director shall then issue a proposal in accordance with subsection (1) of this section.
History:
[22-3419, added 1976, ch. 190, sec. 2, p. 702; am. 1996, ch. 22, sec. 12, p. 54.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3421 - ADOPTION AND SCOPE OF RULES.

22-3421. ADOPTION AND SCOPE OF RULES. (1) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this act including, but not limited to, rules providing for:
(a) The collection and examination of samples of pesticides or devices; and
(b) the safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers; and
(c) procedures in making pesticide recommendations; and
(d) procedures for obtaining permits; and
(e) regulating the labeling of devices; and
(f) procedures to take possession and dispose of canceled, suspended, or otherwise unusable pesticides held by persons. For the purpose of this section, the department may become a hazardous waste generator, and may set fees to partially offset an agricultural chemical waste disposal program’s cost; and
(g) antipollution devices, chemigation equipment requirements, performance standards and installation requirements; and
(h) listing of the sites where chemigation will be conducted by the applicator.
(2) Such rules shall be promulgated in accordance with chapter 52, title 67, Idaho Code.
History:
[22-3421, added 1976, ch. 190, sec. 2, p. 704; am. 1992, ch. 43, sec. 2, p. 145; am. 1996, ch. 22, sec. 14, p. 56; am. 1999, ch. 69, sec. 14, p. 190.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3422 - PENALTIES FOR OPERATING WITHOUT LICENSE.

22-3422. PENALTIES FOR OPERATING WITHOUT LICENSE. Any person operating as a professional or private applicator or dealer without a license shall forfeit to the state for each day’s operation one hundred dollars ($100) as a civil penalty and such operation may be enjoined upon complaint of the director.
History:
[22-3422, added 1976, ch. 190, sec. 2, p. 704; am. 1996, ch. 22, sec. 15, p. 56.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3423 - PENALTY FOR VIOLATIONS.

22-3423. PENALTY FOR VIOLATIONS. (1) Any person who shall forge, alter, counterfeit, simulate or falsely represent, or who shall without proper authority use any license issued by the director under this act, or who shall violate or fail to comply with any provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisoned in the county jail for not less than three (3) months nor more than twelve (12) months or be subject to both such fine and imprisonment.
(2) Any person who violates or fails to comply with any provision of this act or any rules promulgated under this act 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 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 was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under this section may, within thirty (30) days of the final agency action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected for violation of a rule shall be deposited in the state treasury and credited to the pesticide account of the department.
(3) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interests will be best served by suitable warnings or other administrative action.
History:
[22-3423, added 1976, ch. 190, sec. 2, p. 704; am. 1990, ch. 269, sec. 3, p. 763; am. 1996, ch. 22, sec. 16, p. 56.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3424 - REVIEW OF ACTION OF DIRECTOR.

22-3424. REVIEW OF ACTION OF DIRECTOR. Any person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code. The review may be obtained by filing in the district court within thirty (30) days’ notice of the action of the director, a written petition praying that such action be set aside. A copy of such petition shall forthwith be delivered to the director, and within thirty (30) days thereafter the director shall certify and file in the district court of the area affected a transcript of any record pertaining thereto, including a transcript of evidence received at any hearing of referendum. The district court shall give notice, by United States mail, to the director of the department of agriculture, and to the petitioner or petitioners, of the time and place at which the court will hear such petition, at which time any interested party may be heard. Upon completion of the hearing the court shall affirm, set aside or modify the action of the director, except that the findings of the director as to the facts, if supported by substantial evidence, shall be conclusive.
History:
[22-3424, added 1976, ch. 190, sec. 2, p. 705; am. 1996, ch. 22, sec. 17, p. 57; am. 2001, ch. 183, sec. 4, p. 615.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3425 - SEVERABILITY.

22-3425. SEVERABILITY. If any clause, sentence, paragraph, or part of this act shall, for any reason, be adjudged by a competent court of jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which said judgment shall have been rendered.
History:
[22-3425, added 1976, ch. 190, sec. 2, p. 705.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 34 - PESTICIDES AND CHEMIGATION › Section 22-3426 - UNIFORMITY OF STATE PESTICIDE RULE.

22-3426. UNIFORMITY OF STATE PESTICIDE RULE. Notwithstanding any other provision of law to the contrary, no city, county, taxing district or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, resolution or statute regarding pesticide sale, use, or application including without limitation: registration, notification of use, advertising and marketing, distribution, application methods, applicator training and certification, storage, transportation, disposal, disclosure of confidential information or product composition. Nothing contained in this section shall prohibit or limit fire prevention personnel or fire extinguishing personnel of a city, county or fire protection district from conducting inspections pursuant to or enforcing the International Fire Code.
History:
[22-3426, added 1994, ch. 102, sec. 1, p. 231; am. 1995, ch. 106, sec. 1, p. 340; am. 1996, ch. 22, sec. 18, p. 58; am. 2002, ch. 86, sec. 2, p. 196.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3501 - DECLARATION OF POLICY.

22-3501. DECLARATION OF POLICY. It is to the interest of all the people that the abundant natural resources of Idaho be protected, fully developed and uniformly distributed. Among the agricultural industries of the state of Idaho that contribute to the economic welfare of the state is the welfare and well-being of the people of this state by providing means for the development of markets, production research, new product development and promotion of dry peas and lentils grown in Idaho.
History:
[22-3501, added 1965, ch. 106, sec. 1, p. 192.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3502 - PEA AND LENTIL COMMISSION CREATED — MEMBERS.

22-3502. PEA AND LENTIL COMMISSION CREATED — MEMBERS. There is hereby created and established in the department of self-governing agencies the Idaho pea and lentil commission to be composed of six (6) members. Five (5) of the members shall be growers and one (1) of the members shall be a processor or dealer. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, shall be an ex officio member without vote of the commission.
History:
[22-3502, added 1965, ch. 106, sec. 2, p. 192; am. 1974, ch. 13, sec. 12, p. 138; am. 2011, ch. 54, sec. 1, p. 118.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3503 - DEFINITIONS.

22-3503. DEFINITIONS. As used in the act, unless the context requires otherwise:
(1) The term "peas and lentils" means dry peas, lentils, chickpeas and garbanzos grown in the state of Idaho except it does not include wrinkled varieties of peas grown for seed or chickpeas or garbanzos grown south of the Salmon River.
(2) "Commercial channels" means the sale of peas or lentils for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any person, public or private, who resells any pea or lentil product produced from peas or lentils.
(3) "Commission" means the Idaho pea and lentil commission.
(4) "First purchaser" means any person, group, association, partnership, or corporation that buys peas or lentils from the grower in the first instance, or any lienholder, public or private, including the commodity credit corporation, who may possess peas or lentils from the grower under any lien.
(5) "Grower" means any landowner personally engaged in growing peas or lentils, a tenant of the landowner personally engaged in growing peas or lentils, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, sharecropper or any and all other business units, devices and arrangements, who has grown or marketed peas or lentils in either of the preceding two (2) years.
(6) "Sale" includes any pledge, mortgage, trade, or contract device, or delivery of peas or lentils for sale or payment after harvest to any person, public or private.
(7) "Deliver" means placing of peas or lentils into the primary channels of trade.
(8) "Dealer" means any person, group, association, partnership or corporation which acts as principal or agent or otherwise in selling, marketing, warehousing, or distributing dry peas or lentils not produced by such person, group, association, partnership or corporation.
(9) "Processor" means any person, group, association, partnership or corporation which acts as principal or agent or otherwise in processing dry peas or lentils not produced by such person, group, association, partnership or corporation.
History:
[22-3503, added 1965, ch. 106, sec. 3, p. 192; am. 1997, ch. 154, sec. 1, p. 436.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3504 - QUALIFICATION OF GROWER MEMBERS.

22-3504. QUALIFICATION OF GROWER MEMBERS. Grower members of the commission shall be selected because of their ability and disposition to serve the state’s interest and for knowledge of the state’s natural resources. Members shall be citizens over twenty-five (25) years of age, residents of the state who have been actually engaged in growing peas or lentils in this state for at least three (3) of the previous five (5) years, and who derive a substantial portion of their income from growing peas or lentils in the state of Idaho.
History:
[22-3504, added 1965, ch. 106, sec. 4, p. 192.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3505 - QUALIFICATION OF DEALER AND PROCESSOR MEMBERS.

22-3505. QUALIFICATION OF DEALER AND PROCESSOR MEMBERS. Dealer and processor members of the commission shall be residents of the state of Idaho and be selected because of their ability and disposition to serve the state’s interest and for knowledge of the state’s natural resources. They shall be practical dealers or processors of dry peas or lentils and shall be citizens over twenty-five (25) years of age and who have been, either individually or as officers or employees of a corporation, firm, partnership, association, or other business having a place of business within the state of Idaho and actually engaged in the processing, selling, marketing or distributing of dry peas or lentils within the state of Idaho for a period of five (5) years and has during that period derived a substantial portion of its income therefrom.
History:
[22-3505, added 1965, ch. 106, sec. 5, p. 192.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3506 - SELECTION OF COMMISSION — TERMS OF MEMBERS — VACANCIES.

22-3506. SELECTION OF COMMISSION — TERMS OF MEMBERS — VACANCIES. (1) The governor shall appoint six (6) persons to the commission based upon submitted nominee petitions. One (1) member shall be a dealer or processor and five (5) members shall be growers.
(a) Growers, dealers and processors shall nominate from among themselves, by petition, not more than two (2) names for each position to be filled on the commission.
(b) In the case of grower members, petitions shall be signed by not less than fifteen (15) qualified growers. The nominations made shall be, as near as practicable, representative of lentils, dry peas and chickpeas.
(c) Petitions for dealer or processor members shall be signed by not less than three (3) qualified processors or dealers.
(2) The first members of the commission shall draw lots to determine their respective terms of office. Two (2) of the original members shall serve for one (1) year; two (2) of the original members shall serve for two (2) years; and three (3) of the original members shall serve for three (3) years, provided however, that the terms of office of both dealer members of the commission shall not expire in the same year. The term of office of members of the commission thereafter shall be three (3) years, commencing on July 1.
(3) Members of the commission may not serve more than two (2) consecutive terms, nor may they hold or file for any elective political office while a member of the commission.
(4) In the event there are vacancies in the commission, it shall be the duty of the western pea and lentil growers’ association, as the designated representative of Idaho growers of dry peas, lentils and chickpeas or, in the case of the dealer positions, the U.S. pea and lentil trade association as the designated representative of the dealers and processors of Idaho, to submit to the governor not more than two (2) qualified names for each vacancy supported by the proper nominating petitions. The governor shall make the appointment or appointments to fill each vacancy. The appointment shall be for the remainder of the term for that position.
History:
[22-3506, added 1965, ch. 106, sec. 6, p. 192; am. 2009, ch. 129, sec. 1, p. 408; am. 2011, ch. 54, sec. 2, p. 118.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3507 - COMPENSATION OF MEMBERS.

22-3507. COMPENSATION OF MEMBERS. Members of the commission shall be compensated as provided by section 59-509(b), Idaho Code.
History:
[22-3507, added 1965, ch. 106, sec. 7, p. 192; am. 1980, ch. 247, sec. 16, p. 594; am. 2009, ch. 128, sec. 1, p. 407.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3508 - CHAIRMAN AND ADMINISTRATOR OF COMMISSION.

22-3508. CHAIRMAN AND ADMINISTRATOR OF COMMISSION. The commission shall elect a chairman and shall employ such administration as is necessary, including, but not limited to full-time or part-time administrator.
History:
[22-3508, added 1965, ch. 106, sec. 8, p. 192.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3509 - MEETINGS OF COMMISSION — QUORUM.

22-3509. MEETINGS OF COMMISSION — QUORUM. The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman. The chairman may call special meetings of the commission at any time or place after having given five (5) days’ written notice except by unanimous consent of all members of the commission. A majority of the commission members shall constitute a quorum for all business.
History:
[22-3509, added 1965, ch. 106, sec. 9, p. 192.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3511 - COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS.

22-3511. COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS. The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this act which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this act shall be paid to the Idaho pea and lentil commission and shall be deposited in a bank account in the name of the Idaho pea and lentil commission, and such moneys shall be kept in such Idaho pea and lentil commission account and made available for defraying the expenses of the commission in carrying out the provisions of this act.
History:
[22-3511, added 1965, ch. 106, sec. 11, p. 192; am. 1971, ch. 23, sec. 2, p. 54.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3512 - BONDS OF ADMINISTRATOR, AGENTS OR EMPLOYEES.

22-3512. BONDS OF ADMINISTRATOR, AGENTS OR EMPLOYEES. The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this act.
History:
[22-3512, added 1965, ch. 106, sec. 12, p. 192; am. 1971, ch. 136, sec. 9, p. 522.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3513 - ESTABLISHMENT OF ADMINISTRATOR’S OFFICE.

22-3513. ESTABLISHMENT OF ADMINISTRATOR’S OFFICE. For the convenience of the majority of those most likely to be affected in the administration of this act, the commission may establish and maintain an office for the administrator within the state of Idaho.
History:
[22-3513, added 1965, ch. 106, sec. 13, p. 192.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3514 - STATE NOT LIABLE FOR ACTS OR OMISSIONS OF COMMISSION OR OF ITS EMPLOYEES.

22-3514. 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:
[22-3514, added 1965, ch. 106, sec. 14, p. 192.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3515 - IMPOSITION OF ASSESSMENT.

22-3515. IMPOSITION OF ASSESSMENT. (1) From and after July 1, 1997, there is hereby levied and imposed an assessment of an amount not to be less than one percent (1%) nor to exceed two percent (2%) of the net receipts at the first point of sale, to be deducted by the first purchaser from the price paid to the grower on dry peas or lentils grown in Idaho, or chickpeas or garbanzos grown north of the Salmon River, sold after July 1, 1997, dockage free weight, and sold or contracted through commercial channels, and each and every crop grown thereafter. The assessment provided in this subsection shall be paid at such time or times as the commission may by rule prescribe.
(2) The assessment shall be levied and assessed to the grower at the time of delivery for sale and shall be deducted by the first purchaser from the price paid to the grower at the time of sale or in case of a lienholder who may possess such peas or lentils under his lien, the assessment shall be deducted by the lienholder from the proceeds of the claims secured by such lien at the time the peas or lentils are pledged or mortgaged. The assessment shall be deducted as provided in this section whether the peas or lentils are stored in this or any other state. The commission may, however, permit any federal corporation, such as the commodity credit corporation, to waive its responsibility for the collection of the assessment, provided the amount of the assessment is one dollar ($1.00) or less.
(3) It shall be within the discretion of the commission to establish the amount of the tax to be levied as provided in subsection (1) of this section. The decision whether to adjust the amount of the tax to be levied and the time for which the adjusted levy shall be in effect shall require the vote of a majority of the commission members.
(4) The assessment shall be levied on peas and lentils grown and delivered on seed or grower contracts. The assessment shall be levied and assessed to the grower at the time of settlement and shall be deducted by the seed company, corporation, cooperative, partnership, or person from the price paid to the grower at the time of settlement for fulfillment of conditions as set forth in grower contracts.
(5) The assessment shall not be levied on peas and lentils retained and used by the grower for his own seed and feed.
(6) The assessment constitutes a lien prior to all other liens and encumbrances upon such peas or lentils except liens which are declared prior by operation of a statute of this state.
History:
[22-3515, added 1965, ch. 106, sec. 15, p. 192; am. 1971, ch. 23, sec. 3, p. 54; am. 1975, ch. 5, sec. 1, p. 9; am. 1981, ch. 1, sec. 1, p. 3; am. 1983, ch. 23, sec. 1, p. 62; am. 1985, ch. 62, sec. 1, p. 124; am. 1986, ch. 27, sec. 1, p. 79; am. 1997, ch. 154, sec. 2, p. 437; am. 2001, ch. 298, sec. 1, p. 1077.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3516 - DELIVERY OF INVOICE VOUCHERS TO GROWERS.

22-3516. DELIVERY OF INVOICE VOUCHERS TO GROWERS. (1) The purchaser, at the time of settlement, shall make and deliver a copy of each settlement voucher for each purchaser to the grower.
(2) The reports to the commission 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 purchaser.
(c) The number of pounds of peas and lentils sold, varieties of peas and/or lentils and the rate of assessment.
(d) The report shall be legibly written and shall have no corrections or erasures on the face thereof.
(3) Unlawful or willful alteration of an invoice shall constitute a misdemeanor.
History:
[22-3516, added 1965, ch. 106, sec. 16, p. 192; am. 1971, ch. 23, sec. 4, p. 54.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3517 - PAYMENT OF ASSESSMENT — DISPOSITION OF RECEIPTS.

22-3517. PAYMENT OF ASSESSMENT — DISPOSITION OF RECEIPTS. (1) The assessment imposed in this act shall be paid by the first purchaser to the commission. The commission shall receipt the purchaser thereof and promptly deposit the moneys in a bank account in the name of the Idaho pea and lentil commission. The commission may adopt, rescind, modify and amend regulations not inconsistent with this act, related to the payment and collection of the assessment provided for in the act.
(2) All moneys received under the provisions of this act shall be paid to the Idaho pea and lentil commission to be deposited into a bank account in the name of the Idaho pea and lentil commission and made available for defraying the expenses or repaying indebtedness of the commission in carrying out the provisions of this act.
(3) All salaries, costs and expenses incurred by the commission in performing its duties and the exercise of its powers under this act shall be paid out of such bank account of the Idaho pea and lentil commission.
(4) All moneys received by the commission from any source, except the amount of cash kept for each day’s needs, shall be deposited as soon as possible 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 accounts and such banks or trust companies.
(5) 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 the check or other order, shall be kept.
History:
[22-3517, added 1965, ch. 106, sec. 17, p. 192; am. 1971, ch. 23, sec. 5, p. 54.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 35 - PEA AND LENTIL COMMISSION › Section 22-3518 - PENALTIES.

22-3518. PENALTIES. Any person who shall violate or aid in the violation of any of the provisions of this act shall be guilty of a misdemeanor.
History:
[22-3518, added 1965, ch. 106, sec. 18, p. 192; am. 1971, ch. 23, sec. 6, p. 54.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3601 - PURPOSE.

22-3601. PURPOSE. It is to the best interests of all the people of the state of Idaho that the abundant and natural resources of Idaho be protected, fully developed and uniformly distributed. It is in the public interest and within the exercise of the police power of the state to protect the public health; to prevent fraudulent practices; to provide the means for the development of markets; production research; and new product development and promotion of the apple industry. "Apples" as used in this chapter means Idaho apples.
History:
[22-3601, added 1966 (2nd E.S.), ch. 17, sec. 1, p. 39; am. 2016, ch. 93, sec. 1, p. 284.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3602 - COMMISSION CREATED — QUALIFICATION OF MEMBERS.

22-3602. COMMISSION CREATED — QUALIFICATION OF MEMBERS. There is hereby created in the department of self-governing agencies an Idaho apple commission, to be thus known and designated. The commission shall be composed of three (3) practical apple growers and two (2) practical apple dealers.
The three (3) grower members shall be citizens and residents of this state, over the age of twenty-five (25) years, each of whom is and has been actively engaged in the growing and producing of apples within the state of Idaho, and a major portion of his income from apples has been derived from growing apples.
The two (2) dealer members shall be persons who, either individually or as executive officers of a corporation, firm, partnership, association or cooperative organization are and have been actively engaged as dealers of apples within the state of Idaho, are citizens and residents of this state; are over the age of twenty-five (25) years, and a major portion of their income from apples has been derived from handling, packing, shipping, buying or selling apples, or acting as sales or purchasing agent, broker or factor of apples.
The qualifications of members of the commission as herein set forth must continue during their term of office. The commission shall elect its chairman. Each member of the commission shall be compensated as provided by section 59-509(d), Idaho Code.
History:
[22-3602, added 1966 (2nd E.S.), ch. 17, sec. 2, p. 39; am. 1974, ch. 13, sec. 4, p. 138; am. 1980, ch. 247, sec. 17, p. 594.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3603 - DEFINITIONS.

22-3603. DEFINITIONS. As used in this chapter, unless the context requires otherwise:
(1) "Commission" means the Idaho apple commission.
(2) "Grower" means any landowner personally engaged in growing apples, a tenant personally engaged in growing apples, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper, or any and all other business units, devices and arrangements, that grow apples.
(3) "Dealer" means any person, partnership, association, corporation, cooperative or other business units and devices who first handles, packs, ships, buys or sells apples, or who acts as sales or purchasing agent, broker or factor of apples.
(4) "Ship" means to load apples into any mode of conveyance for transport in the channels of trade or to market.
(5) "Processor" and "Processing Plant" means every person, partnership, association, corporation, cooperative or other business units and devices to whom and every place to which apples are delivered for drying, freezing, dehydrating, canning, pressing, powdering, extracting, cooking and for use in producing a product or manufacturing a manufactured article.
(6) "District No. 1" shall consist of the following counties: Canyon, Ada, Owyhee, Elmore, Camas, Blaine, Gooding, Lincoln, Minidoka, Jerome, Twin Falls, Cassia, Power, Oneida, Bannock, Franklin, Bear Lake, Caribou, Bonneville, Madison, Teton, Jefferson, Fremont, Butte, Clark and Bingham.
(7) "District No. 2" shall consist of the following counties: Gem, Boise, Valley, Custer, Lemhi, Payette, Washington, Adams, Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Shoshone, Kootenai, Bonner and Boundary.
(8) "Person" means any partnership, association, corporation, cooperative or other business units or devices.
History:
[22-3603, added 1966 (2nd E.S.), ch. 17, sec. 3, p. 39; am. 2016, ch. 93, sec. 2, p. 285.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3605 - POWERS AND DUTIES.

22-3605. POWERS AND DUTIES. The Idaho apple commission shall have, but is not limited to, the following powers and duties:
(1) To elect a chairman and such other officers as it deems advisable.
(2) To appoint and employ, and at its pleasure discharge, all necessary agents, employees and professional personnel and other personnel, including experts in agriculture and the publicizing of the products thereof, and to prescribe their duties and fix their compensation.
(3) To establish offices and incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter.
(4) To aid in finding new markets for Idaho apples and apple products.
(5) To give, publicize and promulgate reliable information showing the value of apples and apple products for any purpose for which they are found useful and profitable.
(6) To make public and encourage the widespread national and international use of apples and apple products.
(7) To investigate and participate in studies of the problems peculiar to the growers of apples in the state of Idaho.
(8) To take such action as to the commission seems necessary or advisable in order to promote the sale of apples and to protect the apple industry.
(9) To enter into such contracts as may be necessary or advisable.
(10) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state of Idaho.
(11) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state, or the United States government, engaged in work or activity similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity and reciprocal enforcement of these objectives.
(12) To investigate and prosecute in the name of the state of Idaho violations of this chapter; to investigate and prosecute in the name of the state of Idaho any suit or action for the collection of assessments as hereinafter provided, or to protect brands, marks, packages, brand names or trademarks being promoted by the commission.
(13) To do any and all things that will promote the sale of apples.
(14) To keep an accurate record of all of its dealings, which shall be open to inspection by the state controller.
(15) To sue and be sued.
(16) To adopt and from time to time alter, rescind, modify and/or amend all proper and necessary rules and orders for the exercise of its powers and performance of its duties under this chapter.
History:
[22-3605, added 1966 (2nd E.S.), ch. 17, sec. 5, p. 39; am. 1994, ch. 180, sec. 28, p. 442; am. 2016, ch. 93, sec. 5, p. 286.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3606 - RESEARCH — ADVERTISING — INVESTIGATION.

22-3606. RESEARCH — ADVERTISING — INVESTIGATION. The commission shall provide for and conduct a comprehensive and extensive research, advertising and educational campaign as continuous as the crop, sales and market conditions reasonably require. It will investigate and ascertain the needs of growers, conditions of the market and extent to which public convenience and necessity require research and advertising to be conducted.
History:
[22-3606, added 1966 (2nd E.S.), ch. 17, sec. 6, p. 39.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3607 - DEPOSIT AND DISBURSEMENT OF FUNDS.

22-3607. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited biennially by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
History:
[22-3607, added 1988, ch. 192, sec. 2, p. 347; am. 1993, ch. 327, sec. 9, p. 1201; am. 1994, ch. 180, sec. 29, p. 443; am. 1996, ch. 159, sec. 10, p. 514; am. 2003, ch. 32, sec. 10, p. 123.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3608 - BONDS.

22-3608. BONDS. The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this act.
History:
[22-3608, added 1966 (2nd E.S.), ch. 17, sec. 8, p. 39; am. 1971, ch. 136, sec. 7, p. 522.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3609 - STATE NOT LIABLE.

22-3609. STATE NOT LIABLE. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof, or any officer, agent or employee thereof.
History:
[22-3609, added 1966 (2nd E.S.), ch. 17, sec. 9, p. 39.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3610 - ASSESSMENTS — PACKED — FOR PROCESSING.

22-3610. ASSESSMENTS — PACKED — FOR PROCESSING. There is hereby levied upon all apples grown annually in this state, and all apples packed as Idaho apples, an assessment of five cents (5¢) on each forty (40) pounds not shipped to processing plants. There is also levied an assessment of two dollars and fifty cents ($2.50) per ton on all apples shipped to processing plants for processing. This action shall not apply to any one (1) person, dealer or grower who sells less than one thousand (1,000) pounds of apples in any marketing year. All moneys collected hereunder shall be expended to effectuate the purposes and objects of this chapter.
History:
[22-3610, added 1966 (2nd E.S.), ch. 17, sec. 10, p. 39; am. 1987, ch. 300, sec. 1, p. 638.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3611 - ASSESSMENT — PAYMENT — STATEMENT.

22-3611. ASSESSMENT — PAYMENT — STATEMENT. The assessment shall be paid by the grower and shall be due on or before the time when such apples are first handled in the primary channels of trade and shall be paid at such times as the commission may by rule or regulation prescribe, but not later than sixty (60) days from the date on which the apples were handled in the primary channels of trade.
The commission shall by rule or regulation prescribe the method whereby the grower remits the assessment, and for that purpose may require the grower to file with the commission his sworn statement containing the information concerning all apples grown, handled, packed, shipped or processed by him, and the amount of tax due.
History:
[22-3611, added 1966 (2nd E.S.), ch. 17, sec. 11, p. 39.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3612 - RECORDS.

22-3612. RECORDS. Every dealer and grower shall keep a complete and accurate record of all apples handled, packed, shipped or processed by him. The record shall be in such form and contain such information as the commission by rule or regulation prescribes, and shall be preserved for a period of two (2) years, and be subject to inspection at any time upon demand of the commission or its agents.
History:
[22-3612, added 1966 (2nd E.S.), ch. 17, sec. 12, p. 39.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3613 - ASSESSMENT — INCREASE.

22-3613. ASSESSMENT — INCREASE. If it appears from an investigation that the revenue from the assessment levied hereunder is inadequate to accomplish the purposes of this chapter, the commission shall file with the director of the department of agriculture a report showing the necessity of the industry, extent and probable cost of the required research, market promotion and advertising, extent of public convenience, interest and necessity, and probable revenue from the assessment desired to be levied. It shall thereupon increase the assessment to a sum not to exceed ten cents (10¢) per forty (40) pounds shipped in bulk, container or any style of package; but no increase shall be made prior to filing of said report and finding. Provided, however, that no increase in such assessment shall become effective unless the same shall first be referred by the commission on a referendum mail ballot of the apple growers of this state, and be approved by two-thirds (2/3) vote of the growers of fifty per cent (50%) or more of the acreage represented in the voting.
History:
[22-3613, added 1966 (2nd E.S.), ch. 17, sec. 13, p. 39; am. 1987, ch. 300, sec. 2, p. 638.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3614 - RETURNS.

22-3614. RETURNS. Each dealer and/or grower 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 furnished by the commission, stating the quantity of apples grown, packed, handled, shipped or processed by him, during the period prescribed by the commission. The return shall contain such further information as the commission may require.
History:
[22-3614, added 1966 (2nd E.S.), ch. 17, sec. 14, p. 39.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3615 - INSPECTIONS.

22-3615. INSPECTIONS. The commission may inspect the premises and records of any grower, carrier, handler, packer, dealer or processor for the purpose of enforcing this act and the collection of the assessment.
History:
[22-3615, added 1966 (2nd E.S.), ch. 17, sec. 15, p. 39.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 36 - APPLE COMMISSION › Section 22-3616 - PENALTY FOR VIOLATION.

22-3616. PENALTY FOR VIOLATION. Any person who violates or aids in violation of any provision of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300, or imprisonment not to exceed six (6) months, or both.
History:
[22-3616, added 1966 (2nd E.S.), ch. 17, sec. 16, p. 39.]