reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 5 - SEED POTATOES › Section 22-503 - POTATOES FOR PLANTING.

22-503. POTATOES FOR PLANTING. (1) All potatoes offered for sale, sold or delivered under contract or distributed into or within the state of Idaho for planting in the state of Idaho by any person from any state, territory, or country shall be certified and shall be accompanied by a certificate of inspection and a plant health certificate, and shall include the description of the grade, the findings of all inspections of each lot of seed, noting the name and amount of any disease observed, and generation of the potatoes and shall show that the potatoes were packed, sealed, and tagged under the certification standards of the state, territory, or country in which they were produced. Seed being imported into Idaho shall meet or exceed the Idaho certification standards for certified seed potatoes according to the Idaho rules of certification as authorized under chapter 15, title 22, Idaho Code. Imported seed lots that exceed tolerances for that specific generation required for Idaho seed, shall be downgraded to the next acceptable generation tolerances until rejection. Potatoes imported from any other state, country, or territory shall be certified and also be in compliance with other applicable rules of the department pertaining to potatoes.
(2) Idaho growers shall be allowed to plant uncertified potatoes grown by them as a part of their farming operation provided that they are no more than one (1) generation from their own certified parent seed potatoes. Uncertified potatoes planted by Idaho growers as provided for under this section must comply with all testing and any other conditions as set forth under this chapter and any rules promulgated pursuant to this chapter.
History:
[22-503, added 1939, ch. 144, sec. 3, p. 261; am. 1971, ch. 118, sec. 1, p. 401; am. 1979, ch. 181, sec. 1, p. 536; am. 1996, ch. 215, sec. 3, p. 701; am. 2000, ch. 141, sec. 2, p. 369; am. 2003, ch. 108, sec. 1, p. 347.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 5 - SEED POTATOES › Section 22-504 - PENALTY FOR VIOLATIONS.

22-504. PENALTY FOR VIOLATIONS. (1) Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than ten dollars ($10.00) per hundred weight of potatoes in violation or be imprisoned in the county jail for not more than six (6) 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 under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than ten dollars ($10.00) per hundred weight of potatoes in violation for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to chapter 52, title 67, Idaho Code. 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 chapter 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 for violations 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:
[22-504, added 1939, ch. 144, sec. 4, p. 261; am. 1996, ch. 215, sec. 4, p. 701.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 5 - SEED POTATOES › Section 22-505 - RULES.

22-505. RULES. The department is hereby authorized to promulgate rules that may be necessary for the efficient enforcement of the provisions of this chapter including, but not limited to, requirements for planting, testing, sampling, inspection, and compliance verification procedures. The department may by rules, establish a schedule of fees for services performed by the department in the administration of the rules. Receipts of these fees shall be deposited in the agricultural inspections account created pursuant to section 22-105, Idaho Code.
History:
[22-505, added 1996, ch. 215, sec. 5, p. 702.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 5 - SEED POTATOES › Section 22-506 - ADVISORY COMMITTEE.

22-506. ADVISORY COMMITTEE. In order to maintain close contact between the department and the potato industry there is hereby established an advisory committee to be appointed by the director. Any person or organization recognized by the potato industry may provide a nomination list of no more than two (2) individuals to the director. The committee shall be comprised of no more than twelve (12) individuals, one (1) of whom must be from the university of Idaho, and one (1) from the department.
History:
[22-506, added 1996, ch. 215, sec. 6, p. 702.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 5 - SEED POTATOES › Section 22-507 - CROP MANAGEMENT AREAS.

22-507. CROP MANAGEMENT AREAS. Nothing in this chapter shall be interpreted in such a manner as to interfere with the enforcement or implementation of provisions of section 22-2017, Idaho Code, crop management areas, or rules promulgated thereunder.
History:
[22-507, added 1996, ch. 215, sec. 7, p. 703; am. 2007, ch. 51, sec. 1, p. 123.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 5 - SEED POTATOES › Section 22-508 - EXEMPTIONS.

22-508. EXEMPTIONS. Upon application to the director, potato plantings of one (1) acre or less per variety are exempted from the certification requirements of this chapter. However, such plantings may at the discretion of the director be subject to any laboratory testing or field inspections as provided for by rule, at the owner’s expense.
History:
[22-508, added 1996, ch. 215, sec. 8, p. 703.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-602 - ADMINISTRATION.

22-602. ADMINISTRATION. The Idaho state department of agriculture, hereinafter referred to as the "department," shall administer this chapter.
History:
[22-602, added 2000, ch. 295, sec. 2, p. 1012; am. 2001, ch. 147, sec. 1, p. 516.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-604 - ADOPTION OF RULES.

22-604. ADOPTION OF RULES. The department shall administer, enforce, and carry out the provisions of 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, fertilizer ingredients, exempted materials, investigational allowances, definitions, labels, labeling, misbranding, mislabeling and disposal of fertilizers and their containers. The adoption of rules is subject to public hearing as prescribed by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.
History:
[22-604, added 2000, ch. 295, sec. 2, p. 1015; am. 2001, ch. 147, sec. 3, p. 519.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-606 - FORMULAS.

22-606. FORMULAS. The department may require submission of the complete formula of any fertilizer and the source of all ingredients if it is deemed necessary for the registration of any fertilizer product or the 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:
[22-606, added 2000, ch. 295, sec. 2, p. 1017; am. 2015, ch. 141, sec. 28, p. 407.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-607 - LABELS — INFORMATION REQUIRED.

22-607. LABELS — INFORMATION REQUIRED. (1) Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in a clearly legible and conspicuous form the following information:
(a) The net weight;
(b) The brand and grade, provided that the grade shall not be required when no primary nutrients are claimed;
(c) Product name;
(d) Guaranteed analysis;
(e) The name and address of the registrant, or manufacturer, or both;
(f) The sources from which the guaranteed plant nutrients are derived; and
(g) Directions for use of specialty fertilizers distributed to the end user.
(2) In the case of bulk shipments, this information in written or printed form, shall accompany delivery and be supplied to the purchaser.
(3) Each delivery of a customer-formula fertilizer shall contain those ingredients specified by the purchaser. The ingredients shall be shown on the statement or invoice with the amount contained therein, and a record of all invoices of customer-formula grade mixes shall be kept by the registrant for a period of thirty-six (36) months and shall be available to the department upon request; provided, that each delivery shall be accompanied by either a statement, invoice, delivery slip, or label if bagged, containing the following information:
(a) The net weight;
(b) The guaranteed analysis or evidence of grade which may be stated to the nearest tenth of a percent or to the next lower whole number, or weight and grade of each ingredient;
(c) The name and address of the registrant or manufacturer, or both; and
(d) The name and address of the purchaser.
History:
[22-607, added 2000, ch. 295, sec. 2, p. 1017; am. 2008, ch. 131, sec. 3, p. 371.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-611 - PENALTIES.

22-611. PENALTIES. (1) If the analysis shows that any fertilizer deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients, a penalty shall be assessed in favor of the department at the rate of three (3) times the value of the deficiency or twenty-five dollars ($25.00), whichever is greater, when the deviation exceeds the tolerances established by rules promulgated under this chapter. Provided, that penalties for any specialty fertilizer that deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients shall be determined as authorized under section 22-619, Idaho Code, and rules promulgated pursuant to this chapter.
(2) All penalties assessed under this section or any rule hereunder on any one (1) fertilizer, represented by the sample analyzed, shall be paid to the department within three (3) months after the date of notice from the department to the registrant. The department shall deposit the amount of the penalty into the "commercial feed and fertilizer fund."
(3) Nothing contained in this section or any rule hereunder shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsections (1) and (2) of this section.
(4) Penalties payable as provided for in subsections (1) and (2) of this section or any rule hereunder shall in no manner be construed as limiting the consumer’s right to bring a civil action in damage against the registrant paying the penalties.
(5) Penalties for short weights, both packaged and bulk, shall be assessed at the rate of three (3) times the invoiced value if the deficiency exceeds the tolerances established by rule.
History:
[22-611, added 2000, ch. 295, sec. 2, p. 1019; am. 2004, ch. 108, sec. 1, p. 382.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-612 - ASSESSMENT OF PENALTIES.

22-612. ASSESSMENT OF PENALTIES. For the purpose of initially determining the commercial value to be applied under the provisions of section 22-611, Idaho Code, the department shall determine and publish annually the values per unit of nitrogen, available phosphate, soluble potash, secondary elements and micro-elements used in this state. The values so determined and published shall be used in determining and assessing penalties as authorized under section 22-611, Idaho Code.
History:
[22-612, added 2000, ch. 295, sec. 2, p. 1020; am. 2004, ch. 108, sec. 2, p. 383.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-613 - MISBRANDING.

22-613. MISBRANDING. No person shall distribute a misbranded fertilizer. A fertilizer is misbranded if:
(1) The labeling is false or misleading;
(2) It is distributed under the name of another fertilizer product;
(3) It is not labeled as required in section 22-607, Idaho Code, and in accordance with rules prescribed under this chapter; or
(4) It purports to be or is represented as a fertilizer, or is represented as containing a plant nutrient or fertilizer unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by rule of the department. In adopting such rules the department shall give due regard to commonly accepted definitions and official fertilizer terms as stated or provided for in section 22-603, Idaho Code.
History:
[22-613, added 2000, ch. 295, sec. 2, p. 1020; am. 2001, ch. 147, sec. 6, p. 522.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-614 - ADULTERATION.

22-614. ADULTERATION. No person shall distribute an adulterated fertilizer product. A fertilizer is adulterated if:
(1) It contains any deleterious or harmful substance 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 or directions for use which may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown upon the label;
(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:
[22-614, added 2000, ch. 295, sec. 2, p. 1020.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-615 - PUBLICATION OF INFORMATION.

22-615. PUBLICATION OF INFORMATION. The department shall publish at least annually and in a form it deems proper: the total tonnage of fertilizer distributed, the number of total official samples analyzed and the number of deficient official samples analyzed, and any other information the department deems fit.
History:
[22-615, added 2000, ch. 295, sec. 2, p. 1020.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-616 - “STOP SALE” ORDERS.

22-616. "STOP SALE" ORDERS. The department may issue and enforce a written or printed "stop sale, use, or removal" order to the distributor, owner or custodian of any fertilizer and hold the fertilizer, or order it held, at a designated place when the department finds the fertilizer is being offered for sale in violation of this chapter, until the law has been complied with and the fertilizer is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. The owner or custodian of any fertilizer that has been issued a "stop sale, use, or removal" order shall remedy the violations within ninety (90) days, unless the department grants a written extension. The department shall release the fertilizer so withdrawn when the requirements of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
History:
[22-616, added 2000, ch. 295, sec. 2, p. 1021; am. 2001, ch. 147, sec. 7, p. 522.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-617 - COMPLAINT FOR SEIZURE — HEARING.

22-617. COMPLAINT FOR SEIZURE — HEARING. Any fertilizer that does not comply with this chapter is subject to seizure on complaint of the department to a court of competent jurisdiction in the geographic area in which the fertilizer is located. If the court finds the fertilizer to be in violation of this chapter and orders the condemnation of the fertilizer, the fertilizer shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of the state; provided, that in no instance shall the disposition of the fertilizer be ordered by a court of competent jurisdiction without first giving the claimant an opportunity to apply to the court for release of the fertilizer or for permission to process or relabel the fertilizer to bring it into compliance with this chapter.
History:
[22-617, added 2000, ch. 295, sec. 2, p. 1021.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-618 - VIOLATIONS.

22-618. VIOLATIONS. It is unlawful for any person to:
(1) Distribute a misbranded fertilizer;
(2) Fail, refuse or neglect to place upon or attach to each container of distributed fertilizer a label containing the information required by this chapter;
(3) Fail, refuse or neglect to deliver to a purchaser of bulk fertilizer a statement containing the information required by this chapter;
(4) Distribute a fertilizer which has not been registered with the department;
(5) Distribute a fertilizer containing viable seeds unless serving a desirable purpose and appropriately labeled;
(6) Distribute an adulterated fertilizer;
(7) Distribute a fertilizer weighing less than that which it is purported to weigh;
(8) Distribute a fertilizer different from the guaranteed analysis purported on the label; or
(9) Fail or refuse to provide, keep or maintain records and information as required by this chapter.
History:
[22-618, added 2000, ch. 295, sec. 2, p. 1021.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-619 - REMEDIES FOR VIOLATIONS.

22-619. REMEDIES FOR VIOLATIONS. (1) Any person convicted of violating any of this chapter or the rules promulgated thereunder or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the director or a duly authorized agent from the performance of their 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 commercial fertilizer, 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) Any person who violates or fails to comply with this chapter or any rules promulgated thereunder 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. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the director is unable to collect the 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 director 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.
(3) Nothing in this chapter requires the director or a duly authorized representative to report minor violations of the 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) Each prosecuting attorney to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the director reports a violation for such prosecution, an opportunity shall be given the distributor 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 promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
History:
[22-619, added 2000, ch. 295, sec. 2, p. 1021; am. 2001, ch. 147, sec. 8, p. 523.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-620 - USE OF FUNDS RECEIVED.

22-620. USE OF FUNDS RECEIVED. All moneys received by the director from the registration of various fertilizers and from the payment to him of moneys derived from the registration and inspection fees charged on such fertilizers, and moneys collected for a violation(s) of this chapter or rules promulgated thereunder, 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 commercial feed and fertilizer fund are continuously appropriated for the purposes of carrying out the provisions of this chapter.
History:
[22-620, added 2000, ch. 295, sec. 2, p. 1022; am. 2008, ch. 131, sec. 7, p. 374.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-621 - COOPERATION WITH OTHER GOVERNMENTAL AGENCIES.

22-621. COOPERATION WITH OTHER GOVERNMENTAL AGENCIES. The director may cooperate with and enter into agreements with other governmental 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:
[22-621, added 2000, ch. 295, sec. 2, p. 1023.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-622 - NO AFFECT ON EXISTING LIABILITY.

22-622. NO AFFECT ON EXISTING LIABILITY. The enactment of this chapter does not terminate or modify any civil or criminal liability which already exists on July 1, 2000.
History:
[22-622, added 2000, ch. 295, sec. 2, p. 1023.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-623 - NOT APPLICABLE TO WHOLESALE TRANSACTIONS.

22-623. NOT APPLICABLE TO WHOLESALE TRANSACTIONS. Nothing in this chapter restricts or precludes sales or exchanges of fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or prevents the free and unrestricted shipments of fertilizer to manufacturers or manipulators who have registered their products as required by this chapter.
History:
[22-623, added 2000, ch. 295, sec. 2, p. 1023.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-624 - SEVERABILITY.

22-624. SEVERABILITY. If any clause, sentence, paragraph, or part of this chapter is judged invalid by any court of competent jurisdiction, the judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its operation to the clause, sentence, paragraph, or part of the chapter directly involved in the controversy in which the judgment has been rendered.
History:
[22-624, added 2000, ch. 295, sec. 2, p. 1023.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-625 - STATEMENTS OF UNIFORM INTERPRETATION AND POLICY.

22-625. STATEMENTS OF UNIFORM INTERPRETATION AND POLICY. When not otherwise stated in this chapter or rule adopted under this chapter, the statements of uniform interpretation and policy as adopted in the annual Official Publication of the Association of American Plant Food Control Officials (AAPFCO) shall guide the department when making decisions in the areas covered by AAPFCO statements of uniform interpretation and policy.
History:
[22-625, added 2001, ch. 147, sec. 9, p. 523.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 6 - COMMERCIAL FERTILIZERS › Section 22-626 - LOCAL LEGISLATION — PROHIBITION.

22-626. 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 fertilizers;
(b) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizers.
(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 fertilizer manufacturing, storage and sales facilities or protecting the quality of ground water or surface water in accordance with applicable state and federal law.
History:
[22-626, added 2005, ch. 387, sec. 1, p. 1248.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 7 - FARM MARKETING › Section 22-701 - FARM MARKETING SUBJECT TO STATE REGULATION — FARM PRODUCTS DEFINED.

22-701. FARM MARKETING SUBJECT TO STATE REGULATION — FARM PRODUCTS DEFINED. The business of marketing farm products in this state is hereby declared to be affected with a public interest and to be subject to regulation and control by the state. The term "farm products" within the meaning of this section shall be deemed to mean all products, except livestock, grown in garden, on farm, ranch, or orchard, including poultry and poultry products, butter, cream, cheese and all other dairy products.
History:
[(22-701) 1917, ch. 24, sec. 1k, p. 64; compiled and reen. C.L. 79:10; C.S., sec. 2031; am. 1923, ch. 50, sec. 1, p. 57; I.C.A., sec. 22-701.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 7 - FARM MARKETING › Section 22-702 - STANDARDS FOR FARM PRODUCTS AND RECEPTACLES.

22-702. STANDARDS FOR FARM PRODUCTS AND RECEPTACLES. After investigation and public hearing the department of agriculture may, from time to time, as far as practicable, establish and promulgate standards for open and closed receptacles for farm products and standards for the grade and other classification of farm products, by which their quantity, quality or value may be determined, and prescribe and promulgate rules and regulations governing the marks, brands and labels which may be required upon receptacles for farm products for the purpose of showing the name and address of the producer or packer, the quantity, nature and quality of the product, or any of them, and for the purpose of preventing deception in reference thereto; provided, that any standard for any farm product or receptacle therefor or any requirement for making receptacles for farm products now or hereafter established under authority of the congress of the United States, shall forthwith, as far as applicable and practicable, be established or prescribed and promulgated by the department as the official standard or requirement in this state.
History:
[(22-702) 1917, ch. 24, sec. 1l, p. 64; reen. C.L. 79:11; C.S., sec. 2032; I.C.A., sec. 22-702; am. 1969, ch. 28, sec. 1, p. 53.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 7 - FARM MARKETING › Section 22-703 - SALE OF GRADED AND UNGRADED PRODUCTS.

22-703. SALE OF GRADED AND UNGRADED PRODUCTS. Whenever any standard for the grade or other classification of any farm product becomes effective under this chapter, no person thereafter shall pack for sale, offer to sell or sell within this state any such farm product to which such standard is applicable unless it conforms to the standard, subject to such reasonable variations therefrom as may be allowed in the rules and regulations made under this chapter: provided, that any farm product may be packed for sale, offered for sale or sold without conformity to the standard or grade or other classification applicable thereto when such product will be consumed or used for manufacturing purposes wholly within this state, if it is not specifically described as state graded or packed under state standard, in accordance with such regulations as the department of agriculture may prescribe.
History:
[(22-703) 1917, ch. 24, sec. 1m, p. 64; reen. C.L. 79:12; am. 1919, ch. 165, sec. 1, p. 533; C.S., sec. 2033; I.C.A., sec. 22-703.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 7 - FARM MARKETING › Section 22-703A - RETAIL SALES OF ONIONS.

22-703A. RETAIL SALES OF ONIONS. (1) All onions sold to the consumer by retail stores in this state shall be graded, sized and marked in accordance with United States standards for grades of onions. Nothing in the provisions of this section shall prohibit the sale of bulk onions to the consumer in retail stores if such onions are clearly identified to the consumer as to grade, size and state of origin providing, however, that locally grown onions need not comply with the above standards if clearly marked UNGRADED.
(2) The department of agriculture may inspect all onions offered for sale in retail stores, and at all wholesale distributors or onion dealers selling or offering onions for sale to retail outlets. The purpose of the inspections shall be to ensure that onions offered for sale are properly identified as to grade and size and are within the standards established by the United States for grades of onions. Any inspectors appointed by the department may order the removal or regrading and remarking of any onions which are misbranded or mismarked or which no longer meet the required standards of the grade.
(3) The department of agriculture may promulgate rules and regulations, in accordance with chapter 52, title 67, Idaho Code, necessary to enforce the provisions of this section.
(4) The department shall be entitled to injunctive relief against any and all violators of the provisions of this section or of any rules and regulations promulgated pursuant to this section. The department may recover any and all damages of any character resulting from such violation or violations.
History:
[22-703A, added 1982, ch. 85, sec. 1, p. 158.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 7 - FARM MARKETING › Section 22-704 - INSPECTORS — APPOINTMENT — SUSPENSION OR REMOVAL.

22-704. INSPECTORS — APPOINTMENT — SUSPENSION OR REMOVAL. Upon application of any owner or person, firm, corporation or association in charge of farm products, the department of agriculture is authorized to appoint, license or designate persons to inspect and classify such farm products and to certify as to the grade or other classification thereof, in accordance with the standards made effective under this chapter, and shall fix, assess and collect or cause to be collected the fees for such services. Whenever, after opportunity for a hearing is afforded to any person appointed, licensed or designated under this section, it is determined by the department that such person has failed to classify farm products correctly, in accordance with the standards established therefor under this chapter, or has violated any provision of this chapter or of the rules and regulations made hereunder, the department may suspend or revoke the appointment, license or designation of such person. Pending investigation, the department may suspend or revoke any such appointment, license or designation temporarily without hearing.
History:
[(22-704) 1917, ch. 24, sec. 1n, p. 65; reen. C.L. 79:13; C.S., sec. 2034; I.C.A., sec. 22-704.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 7 - FARM MARKETING › Section 22-705 - APPEAL FROM CLASSIFICATION.

22-705. APPEAL FROM CLASSIFICATION. The owner or person in possession of any farm product classified in accordance with section 22-704 may appeal from such classification to the department, under such rules and regulations as the department may prescribe, which shall issue a certificate of the grade or other classification thereof.
History:
[(22-705) 1917, ch. 24, sec. 1o, p. 65; reen. C.L. 79:14; C.S., sec. 2035; I.C.A., sec. 22-705.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 7 - FARM MARKETING › Section 22-706 - CERTIFICATE AS PRIMA FACIE EVIDENCE OF CLASSIFICATION.

22-706. CERTIFICATE AS PRIMA FACIE EVIDENCE OF CLASSIFICATION. A certificate of the grade or other classification of any farm product issued under this chapter shall be accepted in any court of this state as prima facie evidence of the true grade or other classification of such farm product at the time of its classification.
History:
[(22-706) 1917, ch. 24, sec. 1p, p. 65; reen. C.L. 79:15; C.S., sec. 2036; I.C.A., sec. 22-706.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 7 - FARM MARKETING › Section 22-707 - PENALTY FOR VIOLATION.

22-707. PENALTY FOR VIOLATION. Any person, firm, corporation or other organization who violates any provision of this chapter or of the rules and regulations made under this chapter for carrying out the provisions of this section, fails or refuses to comply with any requirement of this chapter or who wilfully 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, shall be guilty of a misdemeanor.
History:
[(22-707) 1917, ch. 24, sec. 1q, p. 65; compiled and reen. C.L. 79:16; C.S., sec. 2037; I.C.A., sec. 22-707.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 8 - FRUITS — MARKING AND INSPECTION › Section 22-801 - FRUIT BOXES — HOW MARKED — MISUSE OF LABELS — CANNED OR DRIED FRUIT EXCEPTED.

22-801. FRUIT BOXES — HOW MARKED — MISUSE OF LABELS — CANNED OR DRIED FRUIT EXCEPTED. It shall be the duty of every person growing or packing and selling, offering for sale (or) shipping in boxes or packages, any fruit grown in this state, or imported into this state, to plainly mark the same on the outside of the box or package with the name of the variety contained therein or with the words "variety unknown," the name of the place or locality where grown and the name of the grower, or, in the case of sale or shipment through an association or organization of growers, the name of such association, and the lot number of the grower, and, in case of apples, pears or peaches, the net weight or the number contained in the package, and it shall be unlawful for any person to mark, or place upon, any package the name of any other place or locality than the place where such fruit was grown except the place to which shipped, or to falsely mark any such package as to variety, name of grower, association or organization or place where grown, or to obliterate or change the original marks on any such package or to remark the same with the name of any other grower or of any other place than that by or in which the contents were grown, or in case such package is marked with the name of an association or organization of growers to remark the same with the name of any other association or organization, and it shall be unlawful for any person, having in his possession for sale, or offering for sale, or selling any fruit grown in this state and shipped in closed packages, to repack the same in the boxes or packages of any other grower or shipper or from any other place, or to sell or offer for sale in closed packages any such fruit except in the original packages, or to pack in or offer for sale, from any marked box or package, any fruit other than that originally contained or shipped therein. In addition to the marks required to be placed upon any closed package of fruit grown in this state, as hereinabove provided, the grower thereof, or association or organization of growers packing the same, shall mark upon the outside of such package the grade of the fruit contained therein, and it shall be unlawful for any person to remark any such closed package as a higher or superior grade than that originally marked by the grower thereof or association or organization packing the same, or for any person other than the grower or association or organization packing such fruit grown in this state to place (on) any such closed package, not marked with the grade of the contents thereof, any mark or brand indicating the grade of such contents. Provided, that nothing in this section shall be construed to apply to canned or dried fruit.
History:
[(22-801) 1919, ch. 192, sec. 1, p. 575; am. 1925, ch. 52, sec. 1, p. 76; I.C.A., sec. 22-801; am. 1937, ch. 226, sec. 1, p. 402.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 8 - FRUITS — MARKING AND INSPECTION › Section 22-802 - APPLE GRADES — ANNUAL PUBLICATION OF REGULATIONS.

22-802. APPLE GRADES — ANNUAL PUBLICATION OF REGULATIONS. It shall be unlawful for any grower thereof or association or organization of growers packing apples to mark the package with the grade of the contents unless such contents shall comply with the general rules and regulations made, adopted, issued and published from time to time by the director of the department of agriculture, which general rules and regulations shall govern the packing of apples and define and establish the standards for the several grades thereof; which general rules and regulations shall be adopted, issued and published within ninety (90) days after the taking effect of this chapter and the director of the department of agriculture is authorized and directed in the month of July of each year to make, adopt, issue and publish general rules and regulations governing the packing of apples and establishing and defining the grades thereof for the ensuing year and in adopting the same the director is authorized to consult and advise with fruit growers, the officers of associations or organizations of apple growers, or distributors or dealers in apples.
History:
[(22-802) 1919, ch. 192, sec. 2, p. 275; C.S., sec. 2039; I.C.A., sec. 22-802; am. 1957, ch. 85, sec. 1, p. 135; am. 1974, ch. 18, sec. 12, p. 364; am. 1976, ch. 70, sec. 1, p. 238.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 8 - FRUITS — MARKING AND INSPECTION › Section 22-803 - INSPECTION — CERTIFICATE OF INSPECTION.

22-803. INSPECTION — CERTIFICATE OF INSPECTION. For enabling the director of the department of agriculture to investigate and certify to shippers and other interested parties the quality and condition of fruits, he shall, upon request of interested parties, inspect or cause to be inspected as to condition and grading by authorized inspectors, by him appointed, any or all fruits prepared or being prepared for shipment and is hereby authorized to issue certificates of inspection to said shippers or other interested parties, certifying as to the condition and grade of such fruits, under such rules and regulations as he may prescribe, including payment, by party requesting such inspection, of such fees as will be reasonable and as nearly as may be to cover the cost for services rendered. In carrying out the provisions of this chapter the director may cooperate with the United States department of agriculture or other inspection agencies.
History:
[(22-803) 1919, ch. 192, sec. 3, p. 575; C.S., sec. 2040; I.C.A., sec. 22-803; am. 1974, ch. 18, sec. 13, p. 364.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 8 - FRUITS — MARKING AND INSPECTION › Section 22-804 - VIOLATION — PENALTY.

22-804. VIOLATION — PENALTY. Any person who violates any provision of this chapter shall, upon conviction thereof, be adjudged guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than $200, or shall be imprisoned in the county jail not less than ten (10) days nor more than six (6) months, or shall be punished by both fine and imprisonment.
History:
[(22-804) 1919, ch. 192, sec. 4, p. 575; C.S., sec. 2041; I.C.A., sec. 22-804.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-901 - APPLICATION OF ACT.

22-901. APPLICATION OF ACT. When potatoes are marketed or offered for shipment, within the state of Idaho, for packing, repacking or processing purposes, or when potatoes are offered for sale by the grower direct to the consumer in lots of less than one (1) carload within the state or when "Idaho Certified" seed stock, as defined by the Idaho state seed certification officials are offered for sale, the provisions of this act prescribing grades and requiring grading shall not apply; but in all other cases when potatoes are packed for sale, offered for sale, sold, or offered for shipment within or outside the state of Idaho, such potatoes shall be graded either as "Idaho Deluxe," "Idaho Standard," or "Idaho Utility": provided, however, that all potatoes marketed within the state of Idaho or outside the state of Idaho may conform to grades promulgated by an act of congress or promulgated by authority of the secretary of agriculture of the United States, if the shipper or grower so desires. It is further provided that all potatoes not meeting the requirements of grade hereinabove provided for and hereinafter set out are hereby declared to be detrimental to the potato industry of the state of Idaho and shall not be marketed, except as provided in this section. All potatoes conforming to the grades hereinabove and hereinafter set out shall be packed in containers or bags in conformity with the following prescribed rules. When potatoes are to be shipped out of state in bulk, permission shall first be obtained from the Idaho department of agriculture. All permits issued hereunder shall be issued subject to the requirement that the potatoes to be shipped must be graded and must either meet the Idaho grades or the United States department of agriculture grades for potatoes; except that potatoes shipped outside the state for processing into some changed form or product do not need to be graded. The Idaho department of agriculture may promulgate the necessary rules and forms to carry out this paragraph.
History:
[22-901, added 1941, ch. 32, sec. 1, p. 72; am. 1965, ch. 146, sec. 1, p. 285; am. 1970, ch. 175, sec. 1, p. 505.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-902 - IDAHO DELUXE.

22-902. IDAHO DELUXE. Idaho Deluxe potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics, the minimum size of which shall be either two (2) inches in diameter or four (4) ounces in weight, except as hereinafter provided for, and not less than forty percent (40%) of the potatoes in the lot shall be six (6) ounces or larger, and which are fairly well shaped, free from freezing injury, blackheart, and soft rot or wet breakdown and from damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, air cracks, internal disorders, cuts, shriveling, sprouting, scab, blight, dry rot, rhizoctonia, other disease, insects or mechanical or other means, except that this grade may contain not more than fifteen percent (15%) by weight of potatoes meeting the requirements of Idaho Standard Grade as hereinafter provided for, providing that none of this fifteen percent (15%) of potatoes by weight shall be smaller in size by weight than ten (10) ounces.
In order to allow for variations other than size, incident to proper grading and handling, not more than six percent (6%) of the potatoes in any container may be below the requirements of the grade, but not to exceed one sixth (1/6) of this amount or one percent (1%) may be allowed for potatoes affected by soft rot or wet breakdown. In addition, not more than five percent (5%) by weight may be damaged by internal disorders, and in addition, not more than three percent (3%) may be below the prescribed size, provided, however, that when potatoes of this grade are packed to meet a minimum size requirement of six (6) ounces or more by weight, the tolerance for undersize shall be five percent (5%), but not more than two percent (2%) may be smaller than two (2) inches in diameter or four (4) ounces in weight.
History:
[22-902, added 1941, ch. 32, sec. 2, p. 72; am. 1970, ch. 175, sec. 2, p. 505.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-903 - IDAHO STANDARD.

22-903. IDAHO STANDARD. Idaho Standard potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics, the minimum size of which shall be two (2) inches in diameter, or four (4) ounces in weight, except as hereinafter provided for, and not less than forty percent (40%) of the potatoes in the lot shall be six (6) ounces or larger, and which are free from freezing, injury, blackheart, soft rot or wet breakdown and from serious damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, air cracks, internal disorders, cuts (potatoes with clipped ends permissible only in tolerance hereinafter provided for), shriveling, scab, blight, dry rot, other disease, insects or mechanical or other means.
In order to allow for variations other than size, incident to proper grading and handling, not more than six percent (6%) of the potatoes in any container may be below the requirements of the grade, but not to exceed one sixth (1/6) of this amount or one percent (1%) shall be allowed for potatoes affected by soft rot or wet breakdown. In addition, not more than five percent (5%) may be seriously damaged by internal disorders, and not more than three percent (3%) may be below the prescribed size provided, however, that when potatoes of this grade are packed to meet a minimum size requirement of six (6) ounces or more by weight, the tolerance for undersize shall be five percent (5%), but not more than two percent (2%) may be smaller than two (2) inches in diameter, or four (4) ounces in weight.
History:
[22-903, added 1941, ch. 32, sec. 3, p. 72; am. 1970, ch. 175, sec. 3, p. 505.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-904 - IDAHO UTILITY.

22-904. IDAHO UTILITY. Idaho Utility potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics and shall be not less than one and one-half (1 1/2) inches in diameter and which are free from freezing injury, blackheart, and soft rot or wet breakdown, and from serious damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, air cracks, internal disorders, cuts, shriveling, scab, blight, dry rot, other disease, insects or mechanical or other means.
In order to allow for variations other than size incident to proper grading and handling, not more than six percent (6%) of the potatoes in any container may be below the requirement of the grade, but not to exceed one sixth (1/6) of this amount, or one percent (1%), shall be allowed for potatoes affected by soft rot or wet breakdown. In addition, not more than three percent (3%) may be below the prescribed minimum size and not more than five percent (5%) in addition may be seriously damaged by internal disorders.
History:
[22-904, added 1941, ch. 32, sec. 4, p. 72; am. 1970, ch. 175, sec. 4, p. 505.]