reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2019 - INFESTATIONS — CONTROL AND ERADICATION COSTS — DEFICIENCY WARRANTS — COOPERATION WITH OTHER ENTITIES AND CITIZENS.

22-2019. INFESTATIONS — CONTROL AND ERADICATION COSTS — DEFICIENCY WARRANTS — COOPERATION WITH OTHER ENTITIES AND CITIZENS. Whenever the director determines that there exists the threat of an infestation of grasshoppers, crickets or exotic plant pests on state-owned land, private, range or agricultural land, and that the infestation is of such a character as to be a menace to state, private, range or agricultural land, the director shall cause the infestation to be controlled and eradicated, using such funds as have been appropriated or may hereafter be made available for such purposes. Provided however, that whenever the cost of control and eradication exceeds the funds appropriated or otherwise available for that purpose, the state board of examiners may authorize the issuance of deficiency warrants against the general fund for up to five million dollars ($5,000,000) in any one (1) year for such control and eradication. Control and eradication costs may include, but are not limited to, costs for survey, detection, inspection, diagnosis, treatment, and disposal of infected or infested plants and plant materials, cleaning and disinfecting of infected premises and indemnity paid to owners for infected or infested plants and plant materials destroyed by order of the director. The director, in executing the provisions of this chapter insofar as it relates to control and eradication, shall have the authority to cooperate with federal, state, county and municipal agencies and private citizens in control and eradication efforts; provided, that in the case of joint federal/state programs the state funds shall only be used to pay the state’s share of the cost of the control and eradication efforts. Such moneys as the state shall thus become liable for shall be paid as a part of the expenses of the department of agriculture out of appropriations which shall be made by the legislature for that purpose from the general fund of the state. In all appropriations hereafter made for expenses of the department of agriculture, account shall be taken of and provision made for this item of expense.
History:
[22-2019, added 2006, ch. 197, sec. 3, p. 612.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2020 - PENALTIES FOR VIOLATIONS.

22-2020. PENALTIES FOR VIOLATIONS. (1) Any person who violates any provision of this chapter, or of the rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with the department, its agents or employees, in the execution, or on account of the execution of its or their duties under this chapter or rules promulgated hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than three thousand dollars ($3,000) or be imprisoned in a county jail for not 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 of the provisions of this chapter or any rules promulgated hereunder may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney’s fees.
(a) Assessment of a civil penalty may be made in conjunction with any other department administrative action.
(b) 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.
(c) 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.
(d) Any person against whom the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency 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.
(e) All civil penalties collected pursuant to this section shall be remitted to the agricultural department inspection fund.
(3) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.
History:
[22-2020, added 2002, ch. 89, sec. 2, p. 223.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2021 - COOPERATION WITH OTHER JURISDICTIONS.

22-2021. COOPERATION WITH OTHER JURISDICTIONS. (1) The department may enter into cooperative agreements with organizations including, but not limited to: persons, civic groups, or governmental agencies, to adopt and execute plans to detect and control areas infested or infected with plant pests. Such cooperative agreements may include provisions of joint funding of any control treatment.
(2) If a plant pest occurs and cannot be adequately controlled by individual person(s), owner(s), tenant(s) or local units of government, the department may conduct the necessary control measures independently or on a cooperative basis with federal or other units of government.
History:
[22-2021, added 2002, ch. 89, sec. 2, p. 224.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2022 - SEVERABILITY.

22-2022. SEVERABILITY. If any section, sentence, clause, phrase, or other portion of this chapter is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions thereof.
History:
[22-2022, added 2002, ch. 89, sec. 2, p. 224.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2023 - NO EFFECT ON EXISTING LIABILITY.

22-2023. NO EFFECT ON EXISTING LIABILITY. The enactment of this chapter does not terminate or modify any civil or criminal liability relating to plant pests which exists prior to the effective date of this chapter.
History:
[22-2023, added 2002, ch. 89, sec. 2, p. 224.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2201 - SHORT TITLE.

22-2201. SHORT TITLE. This act may be known and cited as the "Soil and Plant Amendment Act of 2001."
History:
[22-2201, added 2001, ch. 250, sec. 3, p. 903.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2204 - AUTHORITY TO ADOPT RULES.

22-2204. AUTHORITY TO ADOPT RULES. The department shall administer, enforce, and carry out this chapter and may adopt rules necessary to carry out its purposes including, but not limited to, the proper use, handling, transportation, storage, display, distribution, sampling, records, analysis, form, minimum percentages, soil amending or plant amending ingredients, exempted materials, investigational allowances, definitions, labels, labeling, misbranding, mislabeling and disposal of soil amendments and plant amendments and their containers. The adoption of rules shall be subject to public hearing as prescribed by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.
History:
[22-2204, added 2001, ch. 250, sec. 3, p. 906.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2206 - SUBMISSION OF FORMULAS.

22-2206. SUBMISSION OF FORMULAS. The department may require submission of the complete formula of any soil amendment or plant amendment and the source(s) of all ingredients if it is deemed necessary for the registration of any soil amendment or plant amendment product or administration of this chapter. Any formula so submitted is exempt from disclosure to the public pursuant to section 74-107(1) or (2), Idaho Code.
History:
[22-2206, added 2001, ch. 250, sec. 3, p. 908; am. 2015, ch. 141, sec. 31, p. 408.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2211 - SHORT WEIGHT — PENALTY.

22-2211. SHORT WEIGHT — PENALTY. If any soil amendment or plant amendment in the possession of the consumer is found by the director to be short in weight, the registrant of the soil amendment or plant amendment shall, within thirty (30) days after official notification from the department, submit to the department a penalty payment of three (3) times the value of the actual shortage.
History:
[22-2211, added 2001, ch. 250, sec. 3, p. 911.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2212 - PENALTIES FOR DEFICIENT ANALYSIS.

22-2212. PENALTIES FOR DEFICIENT ANALYSIS. (1) If the analysis shows that any soil amendment or plant amendment falls short of the guaranteed analysis in any one (1) soil amending or plant amending ingredient or in total soil amending or plant amending ingredients, a penalty shall be assessed in favor of the department as follows:
(a) A penalty of three (3) times the value of the deficiency if the deficiency in any one (1) soil amending ingredient is more than:
(i) Twenty percent (20%) of the guarantee on any one (1) soil amendment or plant amendment in which the soil amending or plant amending ingredient is guaranteed up to and including twenty percent (20%).
(ii) Four percent (4%) under guarantee on any one (1) soil amendment or plant amendment in which the soil amending or plant amending ingredient is guaranteed twenty and one-tenth percent (20.1%) and above.
(b) A penalty of three (3) times the value of the total soil amending or plant amending ingredient deficiency shall be assessed when the total deficiency is more than two percent (2%) under the calculated total soil amending or plant amending ingredient guarantee.
(c) When a soil amendment or plant amendment is subject to penalties under both (a) and (b) above, only the larger penalty shall be assessed.
(2) All penalties assessed under this section shall be paid to the department within ninety (90) days after the date of notice from the director to the registrant. The department shall deposit the amount of the penalty into the commercial feed and fertilizer fund, as stipulated in section 22-2220, Idaho Code.
(3) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification for penalties imposed under subsection (1) of this section.
(4) The penalties payable in subsection (1) of this section do not limit the consumer’s right to bring a civil action in damage against the registrant paying the civil penalties.
History:
[22-2212, added 2001, ch. 250, sec. 3, p. 911.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2213 - ASSESSMENT OF PENALTIES.

22-2213. ASSESSMENT OF PENALTIES. For the purpose of determining commercial values to be applied under this section, the director shall determine from the registrant’s sales invoice the values charged for the plant amending or soil amending ingredients. If no invoice is available or if the invoice fails to provide sufficient information, the director may use prevailing market prices to determine values. The values so determined shall be used in determining and assessing penalties.
History:
[22-2213, added 2001, ch. 250, sec. 3, p. 912.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2214 - MISBRANDING.

22-2214. MISBRANDING. No person shall distribute a misbranded soil amendment or plant amendment in this state. A soil amendment or plant amendment is deemed to be misbranded if:
(1) Its labeling is false or misleading in any material respect; or
(2) It is distributed under the name or brand of another soil amendment or plant amendment, unless the distribution is proper under section 22-2205, Idaho Code; or
(3) It is not labeled as required in section 22-2207, Idaho Code, and according to the rules of the department adopted under this chapter. The rules shall give due regard to the commonly accepted definitions and terms, as stated or provided in section 22-2203, Idaho Code; or
(4) It purports to be or is represented as a soil amendment or plant amendment, or is represented as containing a soil amendment or plant amendment, unless the soil amendment or plant amendment conforms to the definitions of identity, if any, prescribed by rules of the department. In adopting the rules, the department shall give due regard to commonly accepted definitions and official terms, as stated or provided in section 22-2203, Idaho Code; or
(5) It does not conform to the ingredient form, minimums, labeling and investigational allowances in the rules adopted by the department.
History:
[22-2214, added 2001, ch. 250, sec. 3, p. 912.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2215 - ADULTERATION.

22-2215. ADULTERATION. No person shall distribute an adulterated soil or plant amendment. A soil amendment or plant amendment is deemed to be adulterated if:
(1) It contains any deleterious or harmful substance, or organism in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water when applied in accordance with directions for use on the label; or, if adequate warning statements and directions for use, which may be necessary to protect plant life, animals, humans, aquatic life, soil or water, are not shown on the label; or
(2) Its composition falls below or differs from that which it is purported to possess by its labeling; or
(3) It contains unwanted crop seed or weed seed.
History:
[22-2215, added 2001, ch. 250, sec. 3, p. 912.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2216 - PUBLICATION OF INFORMATION.

22-2216. PUBLICATION OF INFORMATION. The department shall publish the following information at least annually and in a form it deems proper: the total tonnage of soil amendments and plant amendments distributed; the total number of official samples analyzed and the number of deficient official samples analyzed; and any other information the department deems fit.
History:
[22-2216, added 2001, ch. 250, sec. 3, p. 912.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2217 - STOP-SALE ORDERS.

22-2217. STOP-SALE ORDERS. (1) The director may issue and enforce a written "stop-sale, use or removal" order to the manufacturer, distributor, owner, or custodian of any soil amendment or plant amendment, or any lot thereof, if he determines that:
(a) A soil amendment or plant amendment is not properly registered or its registration has been revoked under this chapter; or
(b) A soil amendment or plant amendment is misbranded or adulterated.
(2) The order may require the person to whom it is directed to hold the soil amendment or plant amendment, or lot thereof, that is the subject of the order at a designated place until the requirements of this chapter are satisfied and all costs and expenses reasonably incurred by the department in connection with the withdrawal are paid by or on behalf of the person to whom the order was directed.
History:
[22-2217, added 2001, ch. 250, sec. 3, p. 912; am. 2022, ch. 27, sec. 8, p. 81.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2218 - VIOLATIONS.

22-2218. VIOLATIONS. It is unlawful to:
(1) Distribute a misbranded soil amendment or plant amendment;
(2) Fail, refuse or neglect to place upon or attach to each container of distributed soil amendment or plant amendment a label containing the information required by this chapter;
(3) Fail, refuse or neglect to deliver to a purchaser of bulk soil amendments or plant amendments, a statement containing the information required by this chapter;
(4) Distribute a soil amendment or plant amendment which has not been registered with the department;
(5) Distribute a soil amendment or plant amendment containing viable noxious weed seeds, as specified in section 22-2215(3), Idaho Code;
(6) Distribute an adulterated soil amendment or plant amendment;
(7) Distribute a soil amendment or plant amendment weighing less than that which it is purported to weigh;
(8) Distribute a soil amendment or plant amendment different from the guaranteed analysis purported on the label;
(9) Fail or refuse to provide, keep or maintain records and information as required by this chapter;
(10) Fail to stop distribution of a soil amendment or plant amendment product under a stop-sale order as authorized under section 22-2217, Idaho Code; or
(11) Fail to disclose to the director, when requested, sources of potentially deleterious components, which components shall be established by rule.
History:
[22-2218, added 2001, ch. 250, sec. 3, p. 913.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2219 - REMEDIES FOR VIOLATION.

22-2219. REMEDIES FOR VIOLATION. (1) A person convicted of violating this chapter or the rules adopted under this chapter or who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the director or a duly authorized agent from the performance of his duty in connection with this chapter, is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500) for the first violation and not more than one thousand five hundred dollars ($1,500) for a subsequent violation. In all prosecutions under this chapter involving the composition of a lot of a commercial soil and plant amendment product, a certified copy of the official analysis signed by the director or his duly authorized agent shall be accepted as prima facie evidence of the composition.
(2) A person who violates or fails to comply with this chapter or any rules adopted under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable to the department for reasonable attorney’s fees. The department may assess a civil penalty 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 under the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the director is unable to collect the penalty or if a person fails to pay all or a set portion of the civil penalty as determined by the department, the department may recover the amount in an action in the appropriate district court. A person against whom the director has assessed a civil penalty under this section may, within thirty (30) days of the final action by the agency 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.
(3) Nothing in this chapter requires the director or a duly authorized representative to report minor violations of this chapter for prosecution, or for the institution of seizure proceedings, when the director believes that the public interest will be best served by a suitable notice of warning in writing.
(4) A prosecuting attorney to whom any violation is reported shall, without delay, cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction. Before the director reports a violation for prosecution by a prosecuting attorney, the director shall give the person charged with the violation an opportunity to present his view to the director.
(5) The director may apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule adopter [adopted] under this chapter notwithstanding the existence of other remedies of law. An injunction shall be issued without bond.
History:
[22-2219, added 2001, ch. 250, sec. 3, p. 913.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2220 - DISPOSITION OF MONEYS.

22-2220. DISPOSITION OF MONEYS. All moneys received by the director from the registration of soil amendments and plant amendments and from the payment of moneys derived from the registration and inspection fees charged on soil amendments and plant amendments, and moneys collected for violations of this chapter or rules adopted under this chapter, shall be paid into the state treasury and placed in a fund to be known as the "Commercial Feed and Fertilizer Fund." Moneys in the fund shall be used to carry out the purposes of this chapter.
History:
[22-2220, added 2001, ch. 250, sec. 3, p. 914.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2221 - COOPERATION WITH OTHER GOVERNMENT AGENCIES.

22-2221. COOPERATION WITH OTHER GOVERNMENT AGENCIES. The director may cooperate with and enter into agreements with other government agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purposes of this chapter.
History:
[22-2221, added 2001, ch. 250, sec. 3, p. 914.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2222 - NO EFFECT ON EXISTING LIABILITY.

22-2222. NO EFFECT ON EXISTING LIABILITY. The enactment of this chapter does not terminate or modify any civil or criminal liability which exists on July 1, 2001.
History:
[22-2222, added 2001, ch. 250, sec. 3, p. 914.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2223 - NOT APPLICABLE TO WHOLESALE TRANSACTIONS.

22-2223. NOT APPLICABLE TO WHOLESALE TRANSACTIONS. This chapter does not restrict or preclude sales or exchanges of soil amendments or plant amendments to each other by importers, manufacturers or manipulators who mix soil amendment or plant amendment materials for sale or prevent the free and unrestricted shipments of soil amendments or plant amendments to manufacturers or manipulators who have registered their products as required in this chapter.
History:
[22-2223, added 2001, ch. 250, sec. 3, p. 914.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2224 - SEVERABILITY.

22-2224. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not effect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History:
[22-2224, added 2001, ch. 250, sec. 3, p. 915.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2225 - STATEMENT OF UNIFORM INTERPRETATION AND POLICY.

22-2225. STATEMENT OF UNIFORM INTERPRETATION AND POLICY. When not otherwise stated in this chapter or rules adopted under this chapter, the statements of uniform interpretation and policy as adopted in the annual publication of the American plant food control officials shall guide the department when making the decisions in the areas covered by AAPFCO statements of uniform interpretation and policy.
History:
[22-2225, added 2001, ch. 250, sec. 3, p. 915.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 22 - SOIL AND PLANT AMENDMENTS › Section 22-2226 - LOCAL LEGISLATION — PROHIBITION.

22-2226. LOCAL LEGISLATION — PROHIBITION. (1) No local government entity including, but not limited to, any city, county, township, or municipal corporation or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state of Idaho, shall:
(a) Regulate the registration, packaging, labeling, sale, storage, distribution, use and application of soil and plant amendments;
(b) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of soil and plant amendments.
(2) Ordinances adopted by the local government entity in violation of this section are void and unenforceable.
(3) The provisions of subsections (1) and (2) of this section shall not preempt county or city local zoning ordinances governing the physical location or siting of soil and plant amendment manufacturing, storage and sales facilities or protecting the quality of ground water or surface water in accordance with applicable state and federal law.
History:
[22-2226, added 2005, ch. 388, sec. 1, p. 1249.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2301 - STATEMENT OF PURPOSE.

22-2301. STATEMENT OF PURPOSE. The legislature and the Idaho nursery and florist industry find and declare that the propagation and raising of nursery and florist stock is an agricultural pursuit that should be regulated and assisted by the department of agriculture to provide a high quality and pest free product to the citizens of Idaho and Idaho’s external trading partners. A nursery and floral services program shall be maintained within the department for the purpose of carrying out and enforcing the provisions of this chapter.
History:
[22-2301, added 1998, ch. 89, sec. 1, p. 305.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2303 - DUTIES OF THE DEPARTMENT.

22-2303. DUTIES OF THE DEPARTMENT. The department is authorized to:
(1) Inspect the nursery or florist stock of growers, dealers, and other persons and places of business provided for under sections 22-2301 through 22-2325, Idaho Code.
(2) Issue certificates and permits and check the license and licensing of persons affected by the provisions of sections 22-2302 and 22-2315, Idaho Code.
(3) Investigate violations of the provisions of sections 22-2301 through 22-2325, Idaho Code.
(4) Publish annually a list of all licensed nurseries, florists and agents. The annual list shall be distributed to the agricultural regulatory authority of each state and upon request to any licensed nurseries and florists within the state.
(5) Issue rules prescribing approved procedures and services as needed for the protection of the industry and to assure access to domestic and foreign markets.
History:
[(22-2303) added 1984, ch. 231, sec. 2, p. 554; am. and redesig. 1998, ch. 89, sec. 3, p. 307.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2304 - STATE NURSERY AND FLORIST ADVISORY COMMITTEE.

22-2304. STATE NURSERY AND FLORIST ADVISORY COMMITTEE. (1) In order to maintain close contact between the department and the nursery and florist industry, there is hereby created a state nursery and florist advisory committee which shall consist of six (6) members appointed by the director of the department of agriculture from a list provided by the Idaho nursery association. Said list will name at least two (2) persons as eligible for each vacancy on the committee. The term of each member shall be for three (3) years beginning on July 1 of the year of appointment. A member shall continue to serve until a successor is appointed and qualified. Vacancies in office shall be filled by appointment for the unexpired term.
(2) No member of the committee shall receive any salary or other compensation, but each member of the committee shall be reimbursed for each day spent in actual attendance in meetings of the committee at the same rate as is allowed state employees for travel expenses.
(3) The functions of the committee shall be to advise and counsel with the department in the administration of the provisions of this chapter.
(4) The committee shall meet at the call of the chairman or the director of the Idaho department of agriculture. A majority of the members present at any meeting shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the committee.
(5) At the first meeting after July 1 in each year, the committee shall select a chairman. The dean of the school of agriculture at the University of Idaho and the director of the Idaho department of agriculture, or their representatives, shall be ex-officio members without the right to vote.
History:
[(22-2304) added 1984, ch. 231, sec. 2, p. 555; am. and redesig. 1998, ch. 89, sec. 4, p. 307.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2306 - TEMPORARY NURSERY OR FLORIST SALE LICENSE OR LOCATION — APPLICATION FEE — CONDITION.

22-2306. TEMPORARY NURSERY OR FLORIST SALE LICENSE OR LOCATION — APPLICATION FEE — CONDITION. (1) Upon payment of a fee of twenty-five dollars ($25.00), a temporary nursery or florist sale license may be issued by the department for holding of a nursery stock sale conducted by or for the benefit of a duly registered nonprofit organization where such sale does not exceed seven (7) consecutive days in any calendar year.
(2) Application for a temporary nursery or florist license shall be made on a form furnished by the department, and shall be accompanied by the license fee as required for each sale.
(3) The department may prescribe the conditions of such temporary nursery and florist sale license, which conditions shall be stated in the license. Any such license may be revoked or suspended by the department for violation of any of the conditions stated therein.
(4) A licensed nursery or florist with a previously established place of business may conduct business from a temporary location, provided the location is not utilized for more than six (6) weeks in any calendar year.
History:
[(22-2306) added 1984, ch. 231, sec. 2, p. 556; am. and redesig. 1998, ch. 89, sec. 6, p. 309.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2307 - RENEWAL OF LICENSE.

22-2307. RENEWAL OF LICENSE. (1) The fees for the renewal of the annual license required by this chapter shall be paid with the application for license renewal before January 1 of each year. Any license not renewed by February 1 of each year shall be assessed an additional twenty-five dollar ($25.00) fee along with the required license fee specified in section 22-2305, Idaho Code.
(2) Failure to pay the fees when due forfeits the right to operate as a grower, dealer, or agent.
(3) Any person who has been previously licensed to grow or sell nursery or florist stock and whose right to grow or sell has been forfeited shall not be issued a renewal license except upon written application to the department accompanied by a sum of money equal to the regular license fee as provided in section 22-2305, Idaho Code.
History:
[(22-2307) added 1984, ch. 231, sec. 2, p. 556; am. and redesig. 1998, ch. 89, sec. 7, p. 309.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2308 - AGENT’S LICENSE.

22-2308. AGENT’S LICENSE. (1) No agent’s license shall be issued or valid unless the agent’s principal has given the department written authorization to issue the license.
(2) An agent’s license shall be automatically suspended during any period when he is not acting as an agent or the principal has withdrawn or cancelled the authorization.
(3) If his license has not expired, an agent may revive his license by giving notice to the department that he is again acting as an agent. If the agent represents a principal other than the one who gave the written authorization to issue the license, subsection (1) of this section applies.
History:
[(22-2308) added 1984, ch. 231, sec. 2, p. 557; am. and redesig. 1998, ch. 89, sec. 8, p. 310.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2309 - LICENSE NOT TRANSFERABLE — MOVING PLACE OF BUSINESS.

22-2309. LICENSE NOT TRANSFERABLE — MOVING PLACE OF BUSINESS. (1) A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee is changed or if the membership of a partnership is changed, irrespective of whether or not the business name is changed.
(2) The license issued to a grower or dealer applies to the particular premises named in the license. However, if prior approval is obtained from the department, the place of business may be moved to other premises or locations without the necessity of relicensing.
History:
[(22-2309) added 1984, ch. 231, sec. 2, p. 557; am. and redesig. 1998, ch. 89, sec. 9, p. 310.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2310 - SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE.

22-2310. SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE. The department may suspend, revoke, or refuse to issue or renew the license of any person when it is satisfied that:
(1) The applicant or licensee has been guilty of fraud, deception, or misrepresentation in the procurement of a license; or
(2) The licensee was guilty of violating any of the provisions of this chapter.
History:
[(22-2310) added 1984, ch. 231, sec. 2, p. 557; am. and redesig. 1998, ch. 89, sec. 10, p. 310.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2311 - ADVERTISEMENT OF NURSERY OR FLORIST STOCK FOR SALE.

22-2311. ADVERTISEMENT OF NURSERY OR FLORIST STOCK FOR SALE. No person may advertise in any media, any plant material covered under this chapter as being for sale without disclosing the person’s company name or license number.
History:
[22-2311, added 1998, ch. 89, sec. 11, p. 310.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2312 - WHOLESALE SALES.

22-2312. WHOLESALE SALES. No licensed nursery or florist may make wholesale sales of plant material for resale to an unlicensed nursery, florist, or landscape contractor.
History:
[22-2312, added 1998, ch. 89, sec. 12, p. 311.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2313 - ISSUANCE OF SHIPPING PERMIT NUMBERS.

22-2313. ISSUANCE OF SHIPPING PERMIT NUMBERS. (1) The department may issue a shipping permit number to any licensee who requests or requires one.
(2) When authorized or required by the department, the shipping permit number shall accompany all shipments and deliveries of nursery or florist stock. Authorization for such use of a shipping permit number shall be renewed at least annually, subject to rules promulgated by the director. Use of a shipping permit number without proper authorization shall constitute a violation of this chapter.
History:
[(22-2313) added 1984, ch. 231, sec. 2, p. 558; am. and redesig. 1998, ch. 89, sec. 13, p. 311.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2314 - INSPECTION OF LICENSED AND UNLICENSED NURSERIES — ADDITIONAL INSPECTIONS AND SPECIAL SERVICES — FEES.

22-2314. INSPECTION OF LICENSED AND UNLICENSED NURSERIES — ADDITIONAL INSPECTIONS AND SPECIAL SERVICES — FEES. (1) The department shall inspect each licensed nursery and florist as often as the department considers necessary to determine and control pests.
(2) The department may make additional inspections and perform special services as needed in addition to those in paragraph (a) of this subsection including, but not limited to:
(a) Inspections for and issuance of phytosanitary certificates and other certificates required for entrance of nursery or florist stock into other states and foreign countries;
(b) Services performed to verify compliance with import regulations of other states and foreign countries; and
(c) Observing application of pesticides, including fumigants, on nursery or florist stock for phytosanitary purposes.
(3) The director shall maintain a schedule of fees for such additional inspections as may be required or requested.
History:
[(22-2314) added 1984, ch. 231, sec. 2, p. 558; am. and redesig. 1998, ch. 89, sec. 14, p. 311.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2315 - SUBSTITUTION OR TRANSPORTATION OF UNINSPECTED NURSERY OR FLORIST STOCK PROHIBITED.

22-2315. SUBSTITUTION OR TRANSPORTATION OF UNINSPECTED NURSERY OR FLORIST STOCK PROHIBITED. No person shall:
(1) Substitute other nursery or florist stock for nursery or florist stock covered by an inspection certificate; or
(2) Transport or accept for transportation within the state of Idaho nursery or florist stock that does not carry the official inspection tag authorized by the department.
History:
[(22-2315) added 1984, ch. 231, sec. 2, p. 558; am. and redesig. 1998, ch. 89, sec. 15, p. 311.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2316 - MISREPRESENTATION OF NURSERY STOCK BY GROWER, DEALER, OR AGENT PROHIBITED — TAGS OR LABELS REQUIRED ON FRUIT TREES — NURSERY OR FLORIST STOCK AS HORTICULTURAL PRODUCT.

22-2316. MISREPRESENTATION OF NURSERY STOCK BY GROWER, DEALER, OR AGENT PROHIBITED — TAGS OR LABELS REQUIRED ON FRUIT TREES — NURSERY OR FLORIST STOCK AS HORTICULTURAL PRODUCT. (1) No grower, dealer, or agent shall:
(a) Sell nursery or florist stock representing it to be a name, age, or variety different from what the nursery or florist stock actually is; or
(b) Represent that any nursery or florist stock is a new variety when, in fact, it is a standard variety and has been given a new name; or
(c) Sell or present cormels as corms or bulblets as bulbs.
(2) In addition the grower, dealer, or agent shall attach to every bundle of fruit-bearing trees sold or shipped within this state a tag or label specifying the name of the variety of trees contained therein. If the bundle shall contain trees of different varieties, such label or tag shall be attached to each tree or group of trees of the same variety.
History:
[(22-2316) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 16, p. 312.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2317 - KNOWINGLY SELLING, ADVERTISING, OR DISPLAYING DAMAGED, MISREPRESENTED, OR MISLABELED NURSERY OR FLORIST STOCK PROHIBITED.

22-2317. KNOWINGLY SELLING, ADVERTISING, OR DISPLAYING DAMAGED, MISREPRESENTED, OR MISLABELED NURSERY OR FLORIST STOCK PROHIBITED. (1) No person shall knowingly offer to sell, advertise, or display nursery or florist stock:
(a) That is dead, in a dying condition, seriously broken, desiccated, frozen or damaged by freezing, or materially damaged in any way;
(b) By any methods which have the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species, name, age, variety, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth, or time required before flowering or fruiting, price, origin, or place where grown, or in any other material respect;
(c) That fails to meet the grade with which it is labeled;
(d) By making other false or fraudulent representations in connection with the sale of nursery or florist stock.
History:
[(22-2317) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 17, p. 312.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2318 - KNOWINGLY SELLING, MOVING, OR STORING INFECTED OR INFESTED NURSERY OR FLORIST STOCK PROHIBITED — SEIZURE.

22-2318. KNOWINGLY SELLING, MOVING, OR STORING INFECTED OR INFESTED NURSERY OR FLORIST STOCK PROHIBITED — SEIZURE. (1) No person shall knowingly offer to sell nursery or florist stock that is infected or infested.
(2) Unless the nursery or florist stock is held for separation or treatment under the supervision of an officer, employee, or inspector of the department, no person shall advertise, display, transport, move, store, or warehouse nursery or florist stock that is infected or infested.
(3) Any infected or infested nursery or florist stock may be seized.
(a) As used in this section, "infected" means any appearance of a disease symptom or causal agent that may, in the opinion of the department, be a menace to other nursery or florist stock or any products or properties.
(b) As used in this section, "infested" means when the mature or immature form of any plant pest, including noxious weeds as defined by the department, is found in such numbers as, in the opinion of the department, to be a menace to other nursery or florist stock or any product or properties.
History:
[(22-2318) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 18, p. 312.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2319 - STOP SALE ORDER — CONDEMNATION.

22-2319. STOP SALE ORDER — CONDEMNATION. (1) The department may issue and enforce a written or printed "stop-sale" order to any dealer, agent, grower, or other person who is the owner or custodian of any nursery or florist stock when the department finds such nursery or florist stock is being offered for sale in violation of any of the provisions of this chapter.
(2) The "stop-sale" order shall be in effect until the provisions of this chapter have been complied with and said nursery or florist stock is released by order, in writing, of the department. If the nursery or florist stock under "stop-sale" order is determined after a reasonable period to be in such condition that neither treatment nor passage of time will enable it to meet the requirements of this chapter for sale, the department may order such nursery or florist stock destroyed.
History:
[(22-2319) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 19, p. 313.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2320 - IMPORTED NURSERY OR FLORIST STOCK TO BEAR CERTIFICATE OF ORIGIN — CONTENTS.

22-2320. IMPORTED NURSERY OR FLORIST STOCK TO BEAR CERTIFICATE OF ORIGIN — CONTENTS. Nursery or florist stock imported into Idaho must be accompanied by a certificate from the place of origin, signed by an authorized agent or representative of the agency supervising and responsible for carrying out the nursery and florist stock laws of such originating state or country. The certificate shall contain additional information as may be required by the department to carry out and enforce the provisions of this chapter.
History:
[(22-2320) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 20, p. 313.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2321 - NURSERY STOCK STANDARDS.

22-2321. NURSERY STOCK STANDARDS. Nursery stock standard for grade, quality and size shall be those as published by the American nursery and landscape association. The department shall not actively enforce these standards except in the case of a complaint or dispute.
History:
[22-2321, added 1998, ch. 89, sec. 21, p. 313.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2322 - RECIPROCITY.

22-2322. RECIPROCITY. The department will honor the nursery and florist license of a company doing business in, but not physically located in or having an agent in the state, provided that the license is issued by the appropriate regulatory authority in the state of origin, and that authority accepts the licenses issued by the Idaho department of agriculture for Idaho companies doing business in the same manner within that state.
History:
[22-2322, added 1998, ch. 89, sec. 22, p. 314.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2323 - DISPOSITION AND USE OF MONEY RECEIVED.

22-2323. DISPOSITION AND USE OF MONEY RECEIVED. Fees collected shall be paid into the state treasury and credited to the agriculture inspection account created by section 22-104, Idaho Code, and such fees shall be used only to carry out the provisions of this chapter. Additionally, twenty-five dollars ($25.00) from each license fee collected under this chapter shall be credited to a special nursery research and education account. The state nursery and florist advisory committee shall approve the distribution of research and education funds to further educational outreach and research into nursery and floral production and pest control.
History:
[(22-2323) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 23, p. 314; am. 2007, ch. 52, sec. 1, p. 124.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2324 - VIOLATION.

22-2324. VIOLATION. (1) Any person who shall violate or fail to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor.
(2) Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than five hundred dollars ($500) for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other administrative action of the department. 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 the provisions of this section may, within thirty (30) days of the final action by the agency 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 pursuant to this section shall be remitted to the agricultural inspection account.
(3) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.
History:
[(22-2324) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 24, p. 314.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 23 - NURSERIES AND FLORISTS › Section 22-2325 - SEVERABILITY.

22-2325. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.
History:
[(22-2325) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 25, p. 315.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 24 - NOXIOUS WEEDS › Section 22-2401 - DECLARATION OF POLICY.

22-2401. DECLARATION OF POLICY. It is the purpose of this chapter to define noxious weeds; legal requirements, duties, and responsibilities of persons; and to provide the statutory and financial means for the control of noxious weeds, wherever such noxious weeds occur in this state.
History:
[(22-2401) 1981, ch. 309, sec. 2, p. 635; am. 1987, ch. 331, sec. 1, p. 691; am. and redesignated 1989, ch. 298, sec. 1, p. 731; am. and redesig. 1993, ch. 247, sec. 1, p. 860.]