reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3701 - POLICY AND PURPOSE.

22-3701. POLICY AND 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; prevent fraudulent practices; provide the means for the development of markets; production research; and new product development and promotion of the cherry industry. Cherries as used in this chapter means Idaho sweet cherries.
History:
[22-3701, added 1967, ch. 70, sec. 1, p. 157; am. 2015, ch. 156, sec. 1, p. 545.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3702 - COMMISSION CREATED.

22-3702. COMMISSION CREATED. There is hereby created in the department of self-governing agencies an Idaho cherry commission to be thus known and designated. The commission shall be composed of three (3) practical cherry growers and two (2) practical cherry dealers.
The three (3) grower members shall be citizens and residents of this state over the age of twenty-five (25) years, each of whom is and has been actively engaged in the growing and producing of cherries within the state of Idaho and a major portion of his income from cherries has been derived from growing cherries.
The two (2) dealer members shall be persons who, either individually or as executive officers of a corporation, firm, partnership, association or cooperative organization are and have been actively engaged as dealers of cherries within the state of Idaho, are citizens and residents of this state, are over the age of twenty-five (25) years and a major portion of their income from cherries has been derived from handling, packing, shipping, buying or selling cherries or acting as sales or purchasing agent, broker, or factor of cherries.
The qualifications of members of the commission as herein set forth must continue during their term of office. The commission shall elect its chairman. Each member of the commission shall be compensated as provided by section 59-509(d), Idaho Code.
History:
[22-3702, added 1967, ch. 70, sec. 2, p. 157; am. 1974, ch. 13, sec. 13, p. 138; am. 1980, ch. 247, sec. 18, p. 595.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3703 - DEFINITIONS.

22-3703. DEFINITIONS. Definitions as used in this chapter, unless the context requires otherwise:
(1) "Commission" means the Idaho cherry commission.
(2) "Grower" means any landowner personally engaged in growing cherries, a tenant personally engaged in growing cherries or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper, or any and all other business units, devices and arrangements that grow cherries.
(3) "Dealer" means any person, partnership, association, corporation, cooperative or other business unit or device who first handles, packs, ships, buys or sells cherries or who acts as sales or purchasing agent, broker or factor of cherries.
(4) "Ship" means to load cherries into any mode of conveyance for transport in the channels of trade or to market.
(5) "Processor" and "processing plant" means every person, partnership, association, corporation, cooperative or other business unit or device to whom and every place to which cherries are delivered for drying, freezing, dehydrating, canning, pressing, powdering, extracting, cooking and for use in producing a product or manufacturing a manufactured product.
(6) "Person" means any partnership, association, corporation, cooperative or other business unit or device.
History:
[22-3703, added 1967, ch. 70, sec. 3, p. 157; am. 2015, ch. 156, sec. 2, p. 546.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3704 - COMMISSION MEMBERS — NOMINATION AND APPOINTMENT.

22-3704. COMMISSION MEMBERS — NOMINATION AND APPOINTMENT. (1) The commission shall consist of five (5) members appointed by the governor following nomination. Three (3) members shall be growers and two (2) members shall be dealers.
(2) Members shall serve for a term of three (3) years. On and after the effective date of this act, terms that are currently held by the commission members shall expire and be filled on the following schedule: one (1) dealer term shall expire on July 1, 2015, one (1) dealer term shall expire on July 1, 2016, one (1) grower term shall expire on July 1, 2015, one (1) grower term shall expire on July 1, 2016, and one (1) grower term shall expire on July 1, 2017.
(3) Members of the commission may not serve more than two (2) consecutive terms. Upon serving two (2) consecutive terms and the lapse of one (1) full term, such member may again be nominated and appointed to the commission.
(4) Meetings shall be held for the selection of member nominees prior to expiration of a member’s term and shall be held prior to March 31 of the year an appointment is to be made. In seeking nominations for a grower member, the commission shall conduct meetings at such times and places as determined by the commission during which time growers shall nominate two (2) qualified growers at large for each expiring member term. In seeking nominations for a dealer member, the commission shall conduct meetings at such times and places as determined by the commission, during which time dealers shall nominate two (2) qualified dealers at large for each expiring member term. Notice of the meetings for the nominations of growers and dealers shall be by publication in a newspaper of general circulation in any county in which a meeting is to be held and shall be published in two (2) issues of such newspaper, the first approximately thirty (30) days and the second approximately ten (10) days before said meeting. The notice shall state the purpose, time and place of said meeting.
(5) In the event there are vacancies in the commission through death, resignation or removal, it shall be the duty of the growers and dealers as provided in this section to submit to the governor at least two (2) qualified names for each grower vacancy and two (2) qualified names for each dealer vacancy. The governor shall make the appointment to fill the vacancy.
History:
[22-3704, added 2015, ch. 156, sec. 4, p. 546.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3705 - POWERS AND DUTIES.

22-3705. POWERS AND DUTIES. The Idaho cherry 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 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 expenses 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 cherries and cherry products.
(5) To give, publicize and promulgate reliable information showing the value of cherries and cherry 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 cherries and cherry products.
(7) To investigate and participate in studies of the problems peculiar to the growers of cherries 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 cherries and to protect the cherry 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, 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 cherries.
(14) To keep an accurate record of all 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, regulations and orders for the exercise of its powers and performance of its duties under this chapter.
(17) To, in its discretion, by rule create districts within the state for the purpose of carrying out the provisions of this chapter.
History:
[22-3705, added 1967, ch. 70, sec. 5, p. 157; am. 1994, ch. 180, sec. 30, p. 444; am. 2015, ch. 156, sec. 5, p. 547.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3706 - RESEARCH — ADVERTISING — INVESTIGATION.

22-3706. 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 condition reasonably require. It will investigate and ascertain the needs of growers, conditions of the market and extent to which the public convenience and necessity require research and advertising to be conducted.
History:
[22-3706, added 1967, ch. 70, sec. 6, p. 157.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3707 - DEPOSIT AND DISBURSEMENT OF FUNDS.

22-3707. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1990, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited biennially by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
History:
[22-3707, added 1989, ch. 110, sec. 2, p. 252; am. 1993, ch. 327, sec. 10, p. 1202; am. 1994, ch. 180, sec. 31, p. 445; am. 1996, ch. 159, sec. 11, p. 514; am. 2003, ch. 32, sec. 11, p. 124.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3708 - BONDS.

22-3708. 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:
[22-3708, added 1967, ch. 70, sec. 8, p. 157; am. 1971, ch. 136, sec. 6, p. 522.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3709 - STATE NOT LIABLE.

22-3709. STATE NOT LIABLE. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof, or any officer, agent or employee thereof.
History:
[22-3709, added 1967, ch. 70, sec. 9, p. 157.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3710 - ASSESSMENT.

22-3710. ASSESSMENT. There is hereby levied upon all cherries grown annually in this state and all cherries packed as Idaho cherries an assessment of twenty dollars ($20.00) a ton. Provided, however, this section shall not apply to cherries shipped to a processing plant for processing, nor shall it apply to any person, dealer or grower who sells less than one thousand (1000) pounds of cherries in any marketing year. Provided, however, the exemption for shipment or sales to a processing plant for processing may be eliminated by a referendum mail ballot vote conducted by the commission among the cherry growers of this state, and provided further, the vote is approved by a two-thirds (2/3) vote of the growers of fifty percent (50%) or more of the acreage represented in the voting. All moneys collected hereunder shall be expended to effectuate the purposes and object of this act.
History:
[22-3710, added 1967, ch. 70, sec. 10, p. 157; am. 1998, ch. 122, sec. 2, p. 455.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3711 - ASSESSMENT — PAYMENT — STATEMENT.

22-3711. ASSESSMENT — PAYMENT — STATEMENT. The assessments shall be paid by the grower and shall be due on or before the time when such cherries 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 cherries 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 cherries grown, handled, packed, shipped, or processed by him, and the amount of tax due.
History:
[22-3711, added 1967, ch. 70, sec. 11, p. 157.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3712 - RECORDS.

22-3712. RECORDS. Every dealer and grower shall keep a complete and accurate record of all cherries 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:
[22-3712, added 1967, ch. 70, sec. 12, p. 157.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3713 - ASSESSMENT — INCREASE.

22-3713. ASSESSMENT — INCREASE. If it appears from an investigation that the revenue from the assessment levied hereunder is inadequate to accomplish the purposes of this act, the commission shall file with the director of the department of agriculture a report showing the necessity of the industry, extent and probable costs 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 twenty-five dollars ($25.00) a ton; but no increase in such assessment shall become effective unless the same shall first be referred by the commission on a referendum mail ballot to the cherry growers of this state, and be approved by two-thirds (2/3) vote of the growers of fifty percent (50%) or more of the acreage represented in the voting.
History:
[22-3713, added 1967, ch. 70, sec. 13, p. 157; am. 1981, ch. 5, sec. 1, p. 13; am. 1998, ch. 122, sec. 3, p. 455.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3714 - RETURNS.

22-3714. 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 cherries 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:
[22-3714, added 1967, ch. 70, sec. 14, p. 157.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3715 - INSPECTIONS.

22-3715. INSPECTIONS. The commission may inspect the premises and records of any grower, carrier, handler, packer, dealer or processor for the purposes of enforcing this act and the collection of the assessment.
History:
[22-3715, added 1967, ch. 70, sec. 15, p. 157.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 37 - CHERRY COMMISSION › Section 22-3716 - PENALTY FOR VIOLATION.

22-3716. 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:
[22-3716, added 1967, ch. 70, sec. 16, p. 157.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3801 - MINT INDUSTRY ACT.

22-3801. MINT INDUSTRY ACT. This act shall be known as the Mint Industry Act.
History:
[22-3801, added 1969, ch. 49, sec. 1, p. 126.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3802 - LEGISLATIVE INTENT — RESEARCH AND ADVERTISING.

22-3802. LEGISLATIVE INTENT — RESEARCH AND ADVERTISING. It is hereby declared, as a matter of legislative determination, that economic waste threatens the mint industry of the state of Idaho by the lack of facilities and funds for research to develop and improve control measures for diseases and pests which attack mint, to improve mint growing culture and to disseminate information to the growers, and by the lack of proper advertising and dissemination of information necessary for the development and promotion of mint and essential oils grown in the state of Idaho; and that it is in the interest of the people, welfare and general prosperity of the state of Idaho that this avoidable economic waste be eliminated by the growers having at their disposal all available information on the best and most advanced methods of culture, growing, harvesting and marketing of mint and essential oils. The purpose of this act is to promote the general welfare of our people by improving the culture and production of and expanding the market for mint and essential oils grown in the state of Idaho.
History:
[22-3802, added 1969, ch. 49, sec. 2, p. 126.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3803 - DEFINITIONS.

22-3803. DEFINITIONS. Wherever used or referred to in this act:
(1) The term "commission" means the Idaho mint commission.
(2) The term "person" means individual, partnership, corporation, association, growers or any other business unit.
(3) The term "mint" means all the essential oils that are distilled from any variety of mint plant grown or extracted in the state of Idaho.
(4) The term "grower" means the actual producer of mint and essential oils.
(5) The term "handled in the primary channels of trade" means the time when any mint or essential oils are delivered under a sales contract or delivered for shipment or delivered for processing or consumption.
(6) The term "dealer" means and includes any person engaged in the business of buying, receiving, handling or selling mint or essential oils for profit or remuneration.
History:
[22-3803, added 1969, ch. 49, sec. 3, p. 126; am. 1996, ch. 91, sec. 1, p. 273.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3804 - IDAHO MINT COMMISSION — ELECTION OF MEMBERS — COMPENSATION AND TERMS.

22-3804. IDAHO MINT COMMISSION — ELECTION OF MEMBERS — COMPENSATION AND TERMS. There is hereby created and established within the department of agriculture an Idaho mint commission to be known and designated as such which shall be composed of six (6) practical growers, elected as provided in section 22-3812, Idaho Code. The six (6) elected commissioner members shall select one (1) industry representative to sit on the commission, with full voting privileges and benefits of the other commissioner members. 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 or selection, shall have active experience and be now actually engaged in growing mint in Idaho and shall derive a substantial portion of his income from growing mint 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 mint. 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. 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 receive their actual and necessary travel and other expenses incurred in the performance of their official duties. The commission shall adopt uniform and reasonable regulations governing the incurring and paying of such expenses.
History:
[22-3804, added 1969, ch. 49, sec. 4, p. 126; am. 1974, ch. 18, sec. 91, p. 364; am. 1983, ch. 35, sec. 1, p. 85; am. 1996, ch. 91, sec. 2, p. 274.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3807 - PAYMENT.

22-3807. PAYMENT. All assessment[s] levied and imposed under and pursuant to the provision [provisions] of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the essential oils are first handled in the primary channels of trade.
History:
[22-3807, added 1969, ch. 49, sec. 7, p. 126.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3808 - FILING — REQUIREMENTS.

22-3808. FILING — REQUIREMENTS. Every grower and dealer shall at such times as the commission may by rule prescribe, file with the commission a return under oath on forms to be prescribed by and furnished by the commission, stating the number of pounds of essential oils 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:
[22-3808, added 1969, ch. 49, sec. 8, p. 126; am. 1996, ch. 91, sec. 3, p. 274.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3809 - PENALTY FOR DEFAULTS.

22-3809. PENALTY FOR DEFAULTS. Any grower or dealer who fails to make collection or to file a return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five percent (5%) of the amount of the assessment determined to be due, as provided in this act, plus one percent (1%) of such amount for each month of delay or fraction thereof after the expiration of the 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:
[22-3809, added 1969, ch. 49, sec. 9, p. 126.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3810 - INSPECTION — LICENSE FEES.

22-3810. INSPECTION — LICENSE FEES. 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 of 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:
[22-3810, added 1969, ch. 49, sec. 10, p. 126.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3811 - DISPOSITION OF RECEIPTS AND USE OF MONEYS COLLECTED.

22-3811. DISPOSITION OF RECEIPTS AND USE OF MONEYS COLLECTED. (1) As soon as possible after receipt, all moneys received by the commission from the assessment levied under section 22-3806, Idaho Code, and all other moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such accounts at such banks or trust companies.
(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. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission. 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.
(c) The commission may require any commission member or agent or employee appointed by the commission, to give a bond payable to the commission in the amount, and with the security and containing the terms and conditions the commission prescribes. The cost of such bond is an administrative cost under this chapter.
(3) The right is reserved to the state of Idaho to audit all funds of the commission at any time.
History:
[22-3811, added 1969, ch. 49, sec. 11, p. 126; am. 2006, ch. 362, sec. 1, p. 1100.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3812 - ELECTION OF COMMISSION MEMBERS.

22-3812. ELECTION OF COMMISSION MEMBERS. (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 the 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.
History:
[22-3812, added 1969, ch. 49, sec. 12, p. 126; am. 1974, ch. 18, sec. 93, p. 364.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3813 - LICENSE APPLICATION — FEE — BOND — REVOCATION — FORFEITURE.

22-3813. LICENSE APPLICATION — FEE — BOND — REVOCATION — FORFEITURE. No person shall act as dealer in the essential oils 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 two hundred dollars ($200) and by good and sufficient surety bond in the penal sum of two thousand dollars ($2,000) executed by the applicant and 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 willfully 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 licenses 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 22-3811, 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:
[22-3813, added 1969, ch. 49, sec. 13, p. 126; am. 1993, ch. 216, sec. 5, p. 591; am. 1996, ch. 91, sec. 4, p. 275.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3814 - PENALTY.

22-3814. PENALTY. Every person who shall violate or aid in the violation of any of the provisions of this act or any of the rules 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, 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 22-3811, Idaho Code.
History:
[22-3814, added 1969, ch. 49, sec. 14, p. 126; am. 1996, ch. 91, sec. 5, p. 275.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3815 - REFERENDUM FOR CONTINUANCE OF THE IDAHO MINT COMMISSION.

22-3815. REFERENDUM FOR CONTINUANCE OF THE IDAHO MINT COMMISSION. 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 Mint Commission" and "against continuance of the Idaho Mint 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 thirty percent (30%) of the growers, or two hundred (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 set 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 twenty (20) days after mailing by the commission.
History:
[22-3815, added 1969, ch. 49, sec. 15, p. 126; am. 1996, ch. 91, sec. 6, p. 276.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 38 - MINT INDUSTRY ACT › Section 22-3816 - TERMINATION OF COMMISSION.

22-3816. TERMINATION OF COMMISSION. If the vote at the referendum provided in section 22-3815 is in favor of discontinuance, 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 mint.
History:
[22-3816, added 1969, ch. 49, sec. 16, p. 126.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 39 - DEDUCTION OF DUES TO GROWER OR PRODUCER ORGANIZATIONS › Section 22-3901 - DEDUCTION OF DUES TO GROWER ORGANIZATIONS BY HANDLERS AND PROCESSORS.

22-3901. DEDUCTION OF DUES TO GROWER ORGANIZATIONS BY HANDLERS AND PROCESSORS. If any grower or producer of any farm product within this state voluntarily executes and causes to be delivered to a dealer or processor of farm products, either as a clause in a sales contract or other instrument in writing, a notice of assignment of dues to a nonprofit agricultural commodity organization directly representing the specific product involved, by which the processor or dealer is directed to deduct a sum from the price to be paid for such product and to pay the same over to such association as dues for the grower or producer, the processor or dealer shall deduct from the price to be paid for any farm product being sold by any such grower or producer to any such processor or dealer, the amount authorized and pay it over to the organization as assignee.
History:
[22-3901, added 1969, ch. 321, sec. 1, p. 745.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 39 - DEDUCTION OF DUES TO GROWER OR PRODUCER ORGANIZATIONS › Section 22-3902 - ASSIGNMENT CANNOT BE INVALIDATED BY PRIVATE CONTRACT.

22-3902. ASSIGNMENT CANNOT BE INVALIDATED BY PRIVATE CONTRACT. No provision which is inserted in any contract that is prepared by a dealer or processor which makes an assignment of the dues described in section 22-3901 ineffective is valid.
History:
[22-3902, added 1969, ch. 321, sec. 2, p. 745.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 39 - DEDUCTION OF DUES TO GROWER OR PRODUCER ORGANIZATIONS › Section 22-3903 - LIMITING AMOUNT OF DEDUCTIONS AND PAYMENTS OF ASSIGNED DUES.

22-3903. LIMITING AMOUNT OF DEDUCTIONS AND PAYMENTS OF ASSIGNED DUES. An assignment of dues may not exceed 2 per cent of the total value of the product which is delivered by the grower or producer to the dealer or processor.
History:
[22-3903, added 1969, ch. 321, sec. 3, p. 745.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 39 - DEDUCTION OF DUES TO GROWER OR PRODUCER ORGANIZATIONS › Section 22-3904 - PAYMENT REQUIREMENT.

22-3904. PAYMENT REQUIREMENT. Payment need not be made under any assignment of dues pursuant to section 22-3901 until the dealer or processor has available and under his control funds owing to the grower or producer that are sufficient in amount for making the payment of the dues involved. In the case of an annual product, such payment need not be made until the end of the product year.
History:
[22-3904, added 1969, ch. 321, sec. 4, p. 745.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 39 - DEDUCTION OF DUES TO GROWER OR PRODUCER ORGANIZATIONS › Section 22-3905 - LIENHOLDER’S RIGHTS.

22-3905. LIENHOLDER’S RIGHTS. Any dealer or processor who pays any dues to an association pursuant to the assignment of dues governed by this act shall not be liable for such sums upon any seed lien, farm laborer’s lien or any other lien or encumbrance which has priority by law upon the proceeds of the farm crop or product. Any lienholder who has priority upon the proceeds from such farm crop or product whose lien remains unsatisfied shall have the right to receive all sums paid to any association pursuant to the assignment of dues. Such association shall remit all dues paid pursuant to the assignment to the priority lienholder upon the receipt of notice and proof that a valid prior lien exists against such farm crop or product.
History:
[22-3905, added 1969, ch. 321, sec. 5, p. 745.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 39 - DEDUCTION OF DUES TO GROWER OR PRODUCER ORGANIZATIONS › Section 22-3906 - ADMINISTRATIVE EXPENSES.

22-3906. ADMINISTRATIVE EXPENSES. Any dealer or processor may deduct a sum not to exceed two percent (2%) of the total dues to be paid to an association for administrative expenses incurred by the payment of such dues under the assignment.
History:
[22-3906, added 1969, ch. 321, sec. 6, p. 745.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4001 - DECLARATION OF POLICY.

22-4001. 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 barley industry. Because of a surplus of barley grown in this state, and because a surplus during recurrent years has become excessive and difficult to market in the available markets, it is necessary, in order to provide a profitable enterprise for the barley growers of the state and to promote employment of labor and to assist the barley growers and those in the various industries dependent upon the barley growers, that additional markets be found and developed. It is the purpose of this chapter 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 barley.
History:
[22-4001, added 1988, ch. 194, sec. 1, p. 351.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4002 - BARLEY COMMISSION CREATED — MEMBERS.

22-4002. BARLEY COMMISSION CREATED — MEMBERS. There is hereby created and established in the department of self-governing agencies the Idaho barley commission to be composed of three (3) grower members appointed by, and serving at the pleasure of, the governor, one (1) from each of the three (3) commission districts referred to in section 22-4004, 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 grain producers association, inc., a grain growers’ association representing barley growers throughout the state of Idaho, and each shall hold office for the term specified in section 22-4005, Idaho Code. The commissioners appointed by the governor may select a barley industry representative to serve a three (3) year term on the commission. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, shall be an ex officio member of the commission without vote.
History:
[22-4002, added 1988, ch. 194, sec. 1, p. 351; am. 2012, ch. 263, sec. 1, p. 731.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4003 - DEFINITIONS.

22-4003. DEFINITIONS. As used in this chapter:
(1) "Commercial channels" means the sale of barley for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any person, public or private, who resells any barley or product produced from barley.
(2) "Commission" means the Idaho barley commission.
(3) "Crop reduction program" means an offer by an agency of the United States government to give growers an amount of barley as payment for reducing planted acreage of barley.
(4) "Delivery" means placing of barley into the primary channels of trade.
(5) "First purchaser" means any person, group, association or partnership that buys barley in this state in the first instance, or any lienholder, public or private, including the commodity credit corporation, who may possess barley from the grower under any lien.
(6) "Grower" means any landowner personally engaged in growing barley, a tenant of the landowner personally engaged in growing barley, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, sharecropper or any and all other business units, devices and arrangements.
(7) "Sale" includes any pledge, mortgage or delivery of barley for sale after harvest to any person, public or private.
(8) "Seller" means any person or entity, including growers, who sells barley in the first instance.
History:
[22-4003, added 1988, ch. 194, sec. 1, p. 352; am. 1997, ch. 157, sec. 1, p. 453.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4004 - QUALIFICATION OF MEMBERS.

22-4004. QUALIFICATION OF MEMBERS. Members of the commission shall be selected and appointed because of their ability and disposition to serve the state’s interest and for knowledge of the state’s natural resources. Members appointed by the governor shall be citizens over twenty-five (25) years of age, residents of the state who have been actually engaged in growing barley in this state for at least five (5) years, and who derive a substantial portion of their income from growing barley in the state of Idaho. There shall be one (1) member from each of the following three (3) districts initially established as follows:
District 1. Boundary, Bonner, Kootenai, Shoshone, Benewah, Latah, Clearwater, Nez Perce, Lewis, Idaho, Adams, Valley and Washington Counties.
District 2. Payette, Gem, Boise, Custer, Canyon, Ada, Elmore, Camas, Blaine, Butte, Gooding, Lincoln, Jerome, Minidoka, Owyhee, Twin Falls and Cassia Counties.
District 3. Lemhi, Clark, Fremont, Jefferson, Madison, Teton, Bingham, Bonneville, Power, Bannock, Caribou, Oneida, Franklin and Bear Lake Counties.
History:
[22-4004, added 1988, ch. 194, sec. 1, p. 352.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4005 - TERM OF MEMBERS.

22-4005. TERM OF MEMBERS. (1) Except as provided in subsection (3) of this section, the term of office of a member of the barley commission shall be three (3) years. Any member of the commission who has served for two (2) full consecutive terms shall not be eligible for reappointment until the expiration of a three (3) year period.
(2) Appointments to fill vacancies shall be for the balance of the unexpired term.
(3) (a) Beginning July 1, 1988, a member from district 1 will be appointed for a full four (4) year term ending in 1992. Subsequent terms will be for three (3) years.
(b) Beginning July 1, 1988, a member from district 2 will be appointed for a full three (3) year term ending in 1991. Subsequent terms will be for three (3) years.
(c) Beginning July 1, 1988, a member from district 3 will be appointed for a full two (2) year term ending in 1990. Subsequent terms will be for three (3) years.
(4) The executive committee of the Idaho state wheat growers association, doing business as the Idaho grain producers association, may request the removal of a commissioner, with or without cause, by a majority vote. Upon receipt of the request, the governor may immediately withdraw the commissioner’s appointment.
History:
[22-4005, added 1988, ch. 194, sec. 1, p. 353; am. 2012, ch. 263, sec. 2, p. 731.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4006 - COMPENSATION OF MEMBERS.

22-4006. COMPENSATION OF MEMBERS. Members of the commission shall be compensated as provided in section 59-509(h), Idaho Code.
History:
[22-4006, added 1988, ch. 194, sec. 1, p. 353.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4007 - CHAIRMAN AND ADMINISTRATOR OF COMMISSION.

22-4007. CHAIRMAN AND ADMINISTRATOR OF COMMISSION. The commission shall elect one of the governor’s appointed members as chairman and may employ an administrator who is not a member of the commission, or may contract with the Idaho wheat commission or a similar agency for the administration of the barley commission’s business.
History:
[22-4007, added 1988, ch. 194, sec. 1, p. 353.]