reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2615 - REMOVAL OF OFFICER OR DIRECTOR.

22-2615. REMOVAL OF OFFICER OR DIRECTOR. Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by ten percent (10%) of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The director or officer against whom such charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against him shall have the same opportunity.
In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty percent (20%) of the members residing in the district from which he is elected. The board of directors must call a special meeting of the members residing in that district to consider the removal of the director. By a vote of the majority of the members of that district, the director in question shall be removed from office.
History:
[(22-2615) 1921, ch. 124, sec. 15, p. 298; I.C.A., sec. 22-2015.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2616 - REFERENDUM.

22-2616. REFERENDUM. Upon demand of one-third (1/3) of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting: provided, however, that a special meeting may be called for the purpose.
History:
[(22-2616) 1921, ch. 124, sec. 16, p. 298; I.C.A., sec. 22-2016.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2617 - MARKETING CONTRACT.

22-2617. MARKETING CONTRACT. The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association or any facilities to be created by the association. The contract may provide that the association may sell or resell the products of its members, with or without taking title thereto; and pay over to its members the resale price, after deducting all necessary selling, overhead and other costs and expenses, and reserves for retiring the stock, if any; and other proper reserves; and interest upon common stock.
The bylaws and the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of products; and may further provide that the member will pay all costs, premiums for bonds, expenses and fees in case any action is brought upon the contract by the association; and any such provisions shall be valid and enforceable in the courts of this state.
In the event of any such breach or threatened breach of such marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract, and to a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member.
History:
[(22-2617) 1921, ch. 124, sec. 17, p. 298; I.C.A., sec. 22-2017; am. 2019, ch. 49, sec. 2, p. 135.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2618 - PURCHASING BUSINESS OF OTHER ASSOCIATIONS, PERSONS, FIRMS OR CORPORATIONS — PAYMENT — STOCK ISSUED.

22-2618. PURCHASING BUSINESS OF OTHER ASSOCIATIONS, PERSONS, FIRMS OR CORPORATIONS — PAYMENT — STOCK ISSUED. Whenever an association organized hereunder with preferred capital stock, shall purchase the stock or any property, or any interest in any property of any person, firm, or corporation or association, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred capital stock to an amount which at par value would equal a fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.
History:
[(22-2618) 1921, ch. 124, sec. 18, p. 299; I.C.A., sec. 22-2018.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2620 - CONFLICTING LAWS NOT TO APPLY.

22-2620. CONFLICTING LAWS NOT TO APPLY. Any provisions of law which are in conflict with this chapter shall not be construed as applying to the associations herein provided for.
History:
[(22-2620) 1921, ch. 124, sec. 20, p. 298; I.C.A., sec. 22-2020.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2621 - INTEREST IN OTHER CORPORATIONS OR ASSOCIATIONS.

22-2621. INTEREST IN OTHER CORPORATIONS OR ASSOCIATIONS. An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock, and engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling of the agricultural products handled by the association, or the by-products thereof. If such corporations are warehousing corporations, they may issue legal warehouse receipts to the association or to any other person and such legal warehouse receipts shall be considered as adequate collateral to the extent of the current value of the commodity represented thereby. In case such warehouse is licensed and bonded under the laws of this state or the United States, its warehouse receipt shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.
History:
[(22-2621) 1921, ch. 124, sec. 21, p. 298; I.C.A., sec. 22-2021.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2622 - CONTRACTS AND AGREEMENTS WITH OTHER ASSOCIATIONS.

22-2622. CONTRACTS AND AGREEMENTS WITH OTHER ASSOCIATIONS. Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements and contracts, and arrangements with any other cooperative corporation, association or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business, or any part or parts thereof. Any two (2) or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same methods, means and agencies for carrying on and conducting their respective businesses.
History:
[(22-2622) 1921, ch. 124, sec. 22, p. 298; I.C.A., sec. 22-2022.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2622A - CONSOLIDATION AND MERGER AGREEMENTS — VOTING REQUIREMENTS.

22-2622A. CONSOLIDATION AND MERGER AGREEMENTS — VOTING REQUIREMENTS. A consolidation or merger of associations organized hereunder shall be effective if the agreement therefor is approved by a two-thirds (2/3) vote of those present and voting at a regularly called meeting of members, providing notice of the substance of the proposed agreement is in the notice of meeting, and provided further, a quorum is present as provided by the bylaws of each organization voting upon such consolidation or merger. The members of the associations may vote by mail if permitted by the bylaws of said voters’ associations, but not by proxy, and the votes by mail shall also be considered in determining the quorum. The failure of any member to vote or a negative vote on consolidation or merger as provided herein shall not entitle those failing to vote or voting in the negative to payment for his shares or other interests or have the value of his shares or other interests appraised, but said members [member’s] shares or other interests shall be transferred to and invested in the surviving or new corporation without further act or deed.
History:
[I.C., sec. 22-2622A, as added by 1963, ch. 42, sec. 1, p. 191.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2623 - ASSOCIATION HERETOFORE ORGANIZED MAY ADOPT PROVISIONS OF CHAPTER.

22-2623. ASSOCIATION HERETOFORE ORGANIZED MAY ADOPT PROVISIONS OF CHAPTER. Any corporation or association organized under previously existing statutes, may by a majority vote of its stockholders or members be brought under the provisions of this chapter by limiting its membership and adopting the other restrictions as provided herein. It shall make out in duplicate a statement signed and sworn to by its directors, upon forms supplied by the corporation commissioner, to the effect that the corporation or association has by a majority vote of its stockholders or members decided to accept the benefits and be bound by the provisions of this chapter. Articles of incorporation shall be filed as required in section 22-2608, except that they shall be signed by the members of the board of directors. The filing fee shall be the same as for filing an amendment to articles of incorporation.
History:
[(22-2623) 1921, ch. 124, sec. 23, p. 298; I.C.A., sec. 22-2023.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2624 - INDUCING BREACH OF MARKETING CONTRACT — SPREADING FALSE REPORTS ABOUT FINANCES OR MANAGEMENT — PENALTIES.

22-2624. INDUCING BREACH OF MARKETING CONTRACT — SPREADING FALSE REPORTS ABOUT FINANCES OR MANAGEMENT — PENALTIES. Any person or persons or any corporation whose officers or employees knowingly induces or attempts to induce any member or stockholder of an association organized hereunder to breach his marketing contract with the association, or who maliciously and knowingly spreads false reports about the finances or management thereof shall be guilty of a misdemeanor and subject to a fine of not less than $100 and not more than $500 for such offense and shall be liable to the association aggrieved in a civil suit in the penal sum of $500 for each offense.
History:
[(22-2624) 1921, ch. 124, sec. 24, p. 298; I.C.A., sec. 22-2024.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2625 - SEPARABILITY.

22-2625. SEPARABILITY. If any section of this chapter shall be declared unconstitutional for any reason, the remainder of the chapter shall not be affected thereby.
History:
[(22-2625) 1921, ch. 124, sec. 25, p. 298; I.C.A., sec. 22-2025.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2626 - APPLICATION OF GENERAL CORPORATION LAWS.

22-2626. APPLICATION OF GENERAL CORPORATION LAWS. The provisions of the general corporation laws of this state as they apply to nonprofit corporations, and all powers and rights thereunder, shall apply to the associations organized hereunder, except where such provisions are in conflict with or inconsistent with the express provisions of this chapter.
History:
[(22-2626) 1921, ch. 124, sec. 26, p. 298; I.C.A., sec. 22-2026; am. 1978, ch. 308, sec. 1, p. 772.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2627 - CLASSIFICATION OF DIRECTORS.

22-2627. CLASSIFICATION OF DIRECTORS. When the board of directors of an association shall consist of five (5) or more members, in lieu of electing the whole number of directors annually, the articles of incorporation or by laws may provide that the directors be divided into either two (2) or three (3) classes, each class to be as nearly equal in number as possible, the term of office of directors of the first class to expire at the first annual meeting of members after their election, that of the second class to expire at the second annual meeting after their election, and that of the third class, if any, to expire at the third annual meeting after their election. At each annual meeting after such classification the number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the second succeeding annual meeting, if there be two (2) classes, or until the third succeeding annual meeting, if there be three (3) classes. No classification of directors shall be effective prior to the first annual meeting of members.
History:
[22-2627, added 1980, ch. 127, sec. 1, p. 286.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 27 - SOIL CONSERVATION DISTRICTS › Section 22-2714 - PAYMENTS OF FEDERAL AID TO VARIOUS COUNTIES BY STATE CONTROLLER.

22-2714. PAYMENTS OF FEDERAL AID TO VARIOUS COUNTIES BY STATE CONTROLLER. The state controller is hereby authorized and directed to draw his warrant in favor of the counties to whom payment should be made pursuant to the Act of Congress of July 24, 1946 (60 Stat. 642, 33 U.S.C.A. 701-C-3) and forward the same to the treasurer of the county to which such funds are allocated under the terms of the aforementioned federal statute, to be by the treasurer of said county deposited in the public school fund of said county.
History:
[22-2714, added 1953, ch. 157, sec. 1, p. 252; am. 1994, ch. 180, sec. 19, p. 434.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 27 - SOIL CONSERVATION DISTRICTS › Section 22-2723 - COOPERATION BETWEEN DISTRICTS.

22-2723. COOPERATION BETWEEN DISTRICTS. The supervisors of any two (2) or more districts may cooperate with one another in the exercise of any or all powers conferred in this chapter.
History:
[22-2723, added 1957, ch. 218, sec. 9, p. 476; am. 2010, ch. 279, sec. 8, p. 736.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 27 - SOIL CONSERVATION DISTRICTS › Section 22-2724 - STATE AGENCIES TO COOPERATE.

22-2724. STATE AGENCIES TO COOPERATE. Agencies of this state which shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this chapter. The supervisors of such district shall be given free access to enter and perform work upon such publicly owned lands.
History:
[22-2724, added 1957, ch. 218, sec. 10, p. 476; am. 2010, ch. 279, sec. 9, p. 736.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 27 - SOIL CONSERVATION DISTRICTS › Section 22-2726 - FUNDS OR ASSISTANCE PROVIDED BY COUNTY FROM COUNTY GENERAL FUND.

22-2726. FUNDS OR ASSISTANCE PROVIDED BY COUNTY FROM COUNTY GENERAL FUND. In those counties of Idaho wherein all or a substantial part of the county has been created and is operating as a soil conservation district or districts under the provisions of chapter 27, title 22, Idaho Code, or any amendment thereto, the board of county commissioners may, from time to time, at their discretion and upon request of the supervisors of such soil conservation districts provide in their budget a sufficient amount of money from the county general fund for allocation to the districts to be used by the districts for any purposes authorized by law, or in lieu of such allocation the county commissioners at their discretion may assign or hire an employee or employees of the county to assist the supervisors in the performance of the work of their office. The duties of such employee or employees shall be under the direct supervision of the supervisors of each soil conservation district.
History:
[22-2726, added 1963, ch. 14, sec. 1, p. 149; am. 1969, ch. 217, sec. 1, p. 711; am. 1976, ch. 17, sec. 1, p. 48; am. 1984, ch. 16, sec. 1, p. 18; am. 1990, ch. 358, sec. 1, p. 967; am. 2022, ch. 271, sec. 5, p. 877; am. 2023, ch. 218, sec. 5, p. 609.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 27 - SOIL CONSERVATION DISTRICTS › Section 22-2727 - ALLOCATION OF FUNDS TO DISTRICTS.

22-2727. ALLOCATION OF FUNDS TO DISTRICTS. (1) A public hearing shall be held by the state soil and water conservation commission on or before June 15 of each year and twenty (20) days’ written notice of such hearing shall be given to each soil conservation district and to all other persons requesting notice of such hearing. At the hearing the state soil and water conservation commission shall consider the needs of each soil conservation district and shall base its request for state funds for the soil conservation districts upon the budgets, budget requests, district programs and work plans, and work load analysis of the various soil conservation districts.
(2) All funds appropriated by the state for the various soil conservation districts shall be appropriated to the Idaho state soil and water conservation commission and shall be allocated by the commission equally to the various soil conservation districts on the basis of the criteria established in subsection (1) of this section.
(3) Funds appropriated to the state soil and water conservation commission for distribution to soil conservation districts shall be allocated by the commission equally to the various soil conservation districts in a sum not to exceed eight thousand five hundred dollars ($8,500) per district. All funds appropriated to the state soil and water conservation commission for distribution to soil conservation districts in excess of eight thousand five hundred dollars ($8,500) per district shall be allocated by the commission to the various soil conservation districts in a sum not to exceed twice the amount of funds or services allocated to each district by the county commissioners in the previous fiscal year and funds or services allocated to each district by authorized officials or other local units of government or organizations in the previous fiscal year, provided that any such allocation by the commission shall not exceed fifty thousand dollars ($50,000) to any one (1) district in a fiscal year.
(4) The state soil and water conservation commission shall adopt rules necessary to carry out the purposes of this section.
History:
[I.C., sec. 22-2727, as added by 1969, ch. 217, sec. 2, p. 711; am. 1984, ch. 16, sec. 2, p. 19; am. 1990, ch. 358, sec. 2, p. 967; am. 1991, ch. 80, sec. 1, p. 181; am. 2010, ch. 279, sec. 12, p. 739.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 27 - SOIL CONSERVATION DISTRICTS › Section 22-2730 - RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT FUND CREATED.

22-2730. RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT FUND CREATED. (1) There is hereby created in the state treasury a fund to be known as the Idaho resource conservation and rangeland development fund, which shall consist of all moneys which may be appropriated to it by the legislature or made available to it from federal, private or other sources. The state treasurer is directed to invest all unobligated moneys in the fund. All interest and other income accruing from such investments shall accrue to the fund. The state soil and water conservation commission may expend from the fund such sums as it shall deem necessary for any of the conservation improvements, projects and programs provided for under this chapter under such terms and conditions provided for in the commission’s rules and the water quality program for agriculture.
(2) The state soil and water conservation commission shall establish a priority list for conservation improvements, projects and the water quality program for agriculture. The priority list shall be used as the method for allocation of funds loaned under this chapter.
History:
[22-2730, added 1985, ch. 116, sec. 1, p. 240; am. 1992, ch. 270, sec. 4, p. 839; am. 1999, ch. 137, sec. 3, p. 388; am. 2003, ch. 107, sec. 7, p. 344; am. 2010, ch. 279, sec. 13, p. 739.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 27 - SOIL CONSERVATION DISTRICTS › Section 22-2731 - ALLOCATION OF FUND.

22-2731. ALLOCATION OF FUND. The Idaho resource conservation and rangeland development fund shall be allocated for use by the state soil and water conservation commission:
(1) To eligible applicants for conservation improvements which it deems to be "in the public interest" in such amounts as are necessary for the implementation of conservation measures identified in a conservation plan;
(2) To eligible applicants for the purpose of conservation improvements on rangelands, agricultural lands and riparian lands, which will provide environmental enhancement to soil, water, wildlife and related resources;
(3) For the purpose of implementing conservation improvements, projects and the water quality program for agriculture.
History:
[22-2731, added 1985, ch. 116, sec. 1, p. 241; am. 1992, ch. 270, sec. 5, p. 839; am. 1999, ch. 137, sec. 4, p. 389; am. 2003, ch. 107, sec. 8, p. 344; am. 2010, ch. 279, sec. 14, p. 740.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 28 - HONEY INDUSTRY › Section 22-2802 - DECLARATION OF POLICY AND PURPOSE OF CHAPTER.

22-2802. DECLARATION OF POLICY AND PURPOSE OF CHAPTER. It is hereby declared, as a matter of legislative determination, that the honey industry of Idaho is in dire need of concentrated state and national advertising and promotion to increase the consumption of honey; that other states are promulgating advertising and promotion campaigns for the betterment of the honey industry; that honey is an essential food and its use should be placed in name and fact before the people of America; that in the interest of public welfare and general prosperity of the people of the state of Idaho, the honey industry and beekeeping in general should be maintained and encouraged so that the many food values and quality of honey and the many pollinating values of the domesticated honey bees may be better understood, protected and greater use thereof made.
History:
[22-2802, added 1949, ch. 147, sec. 2, p. 301; am. 2012, ch. 123, sec. 1, p. 342.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 28 - HONEY INDUSTRY › Section 22-2803 - DEFINITIONS.

22-2803. DEFINITIONS. Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:
(1) "Commission" means the Idaho honey commission.
(2) "Honey producer" or "beekeeper" means a person, firm or corporation engaged in the art of raising, harboring, keeping or breeding domesticated honey bees either for the purpose of gathering honey or the production of queens and/or packaged bees.
(3) "Honey by-products" means items using honey as a base such as creamed honey, whipped honey, or the like.
(4) "Packer" means any honey producer or beekeeper or person who processes and packs honey for commercial retail sales.
(5) "Person" includes an individual, partnership, corporation, firm, association and agent.
(6) "Director" means the director of the Idaho state department of agriculture or his designated representative.
(7) "Official sample" means a sample of honey taken by the director or an authorized agent in accordance with the provisions of section 22-2810, Idaho Code.
History:
[22-2803, added 1949, ch. 147, sec. 3, p. 301; am. 2012, ch. 123, sec. 2, p. 342; am. 2015, ch. 124, sec. 1, p. 312.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 28 - HONEY INDUSTRY › Section 22-2806 - ADMINISTRATION, WHERE VESTED.

22-2806. ADMINISTRATION, WHERE VESTED. The administration of this act shall be vested in the Idaho honey commission which shall administer the taxes levied and imposed by this act.
History:
[22-2806, added 1949, ch. 147, sec. 6, p. 301; am. 2015, ch. 124, sec. 4, p. 313.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 28 - HONEY INDUSTRY › Section 22-2807 - DUTIES.

22-2807. DUTIES. The commission shall set honey quality, identity and labeling standards by rule, plan and conduct a campaign for honey and honey by-product advertising, publicity, merchandising, sales promotion and research, including bee research, and public education of beekeeping and honey production, by contracting with a service of the hereinabove mentioned, or jointly with any university or other state agency or states of the United States and its territories, or individually.
History:
[22-2807, added 1949, ch. 147, sec. 7, p. 301; am. 2006, ch. 87, sec. 1, p. 257; am. 2012, ch. 123, sec. 3, p. 343.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 28 - HONEY INDUSTRY › Section 22-2808 - RULES, STANDARDS, DEFINITIONS.

22-2808. RULES, STANDARDS, DEFINITIONS. The commission is hereby charged with the enforcement of this chapter, and after due publicity and due public hearing is empowered to promulgate and adopt such reasonable rules as may be necessary to carry into effect the full intent and meaning of this chapter, including the establishment of fees for services. The commission is hereby empowered to adopt rules establishing definitions for honey including establishing standards of identity, quality and labeling and such other rules as may be necessary for the enforcement of any provision of this chapter. In establishing standards of identity, quality and labeling the commission shall give consideration to any definitions and standards used by a federal agency, another state or an organization administering a regional, multi-regional, national or international agreement on honey.
History:
[22-2808, added 2012, ch. 123, sec. 4, p. 343.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 28 - HONEY INDUSTRY › Section 22-2811 - PENALTIES FOR VIOLATIONS.

22-2811. 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 commission.
(3) Nothing in this chapter shall be construed as requiring the commission to report minor violations for prosecution when it believes that the public interest will be best served by suitable warnings or other administrative action.
History:
[22-2811, added 2012, ch. 123, sec. 7, p. 345.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 28 - HONEY INDUSTRY › Section 22-2812 - “STOP SALE, USE, OR REMOVAL” ORDERS.

22-2812. "STOP SALE, USE, OR REMOVAL" ORDERS. (1) In the event the department finds that honey is being offered for sale in violation of this chapter or rules promulgated under this chapter, the department may issue and enforce a written or printed "stop sale, use, or removal" order to the distributor, owner or custodian of the honey and hold the honey, or order it held, at a designated place until the law has been complied with and the honey is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. Unless the department grants a written extension, the owner or custodian of any honey that has been issued a "stop sale, use, or removal" order shall remedy the violation within thirty (30) days. The department shall release the honey 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.
(2) Any lot of honey not in compliance with the provisions of this chapter, or rules promulgated under this chapter, shall be subject to seizure on complaint of the commission to a court of competent jurisdiction in the area in which said honey is located. In the event the court finds the said honey to be in violation of the provisions of this chapter and orders the condemnation of said honey, it shall be disposed of in any manner consistent with the quality of the honey and the laws of the state. Provided however, that in no instance shall the disposition of said honey be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said honey or for permission to process or relabel said honey to bring it into compliance with the provisions of this chapter.
History:
[22-2812, added 2012, ch. 123, sec. 8, p. 346.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 28 - HONEY INDUSTRY › Section 22-2813 - PAYMENT OF EXPENSES AND COSTS.

22-2813. PAYMENT OF EXPENSES AND COSTS. All expenses and costs incurred in the administration of this chapter shall be paid out of the Idaho honey fund. The commission shall keep an accurate record of all costs and expenditures and will report the same by publication on October 1st of each year. All expenses and costs incurred and contracted for by the commission in performing its duties under this chapter shall be paid out of such Idaho honey fund in the following manner: vouchers shall be approved and submitted by the commission chairman to the director or his designated representative of the Idaho state department of agriculture for approval and subsequent issuance of a warrant by the state controller.
History:
[(22-2813) 22-2809, added 1951, ch. 62, sec. 2, p. 91; am. 1974, ch. 13, sec. 6, p. 138; am. 1994, ch. 180, sec. 20, p. 435; am. 2003, ch. 32, sec. 6, p. 120; am. and redesig. 2012, ch. 123, sec. 9, p. 346; am. 2015, ch. 124, sec. 6, p. 314.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 28 - HONEY INDUSTRY › Section 22-2814 - CREDITING OF FUNDS.

22-2814. CREDITING OF FUNDS. All moneys which have heretofore been credited to the general fund under the provisions of this chapter are hereby transferred to the Idaho honey fund.
History:
[(22-2814) 22-2810, added 1951, ch. 62, sec. 3, p. 91; am. and redesig. 2012, ch. 123, sec. 10, p. 346; am. 2015, ch. 124, sec. 7, p. 315.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 28 - HONEY INDUSTRY › Section 22-2815 - PUBLICATION OF REGISTERED BEEKEEPERS.

22-2815. PUBLICATION OF REGISTERED BEEKEEPERS. The commission shall make available to any pesticide applicator registered with the department, abatement or pest control district, or university of Idaho county agricultural extension office, a list of beekeepers registered with the commission. The list shall include the names and telephone numbers of the beekeepers, the counties in which they keep bees, and any other information the commission deems necessary to assist in the prevention of accidental poisoning of honeybees.
History:
[(22-2815) 22-2811, added 2006, ch. 87, sec. 3, p. 258; am. 2007, ch. 188, sec. 14, p. 554; am. and redesig. 2012, ch. 123, sec. 11, p. 346.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2905 - THE REGENTS OF THE UNIVERSITY OF IDAHO — POWERS AND DUTIES.

22-2905. THE REGENTS OF THE UNIVERSITY OF IDAHO — POWERS AND DUTIES. The regents of the University of Idaho are hereby authorized and directed to establish within the state of Idaho a bean growing experiment station, and in their name to purchase or otherwise acquire, equip, improve, operate, conduct and maintain, a farm, suitable and adapted for growing beans in connection with and for the purpose of conducting and carrying on experiments and experimental work to improve the quality of beans, to insure the purity of seed beans, and to develop new and better types of beans and methods of bean culture and utilization. Information and results of such experiments and experimental work shall from time to time be made available to and disseminated by bulletins or other suitable means, to all growers of beans and others within the state of Idaho, who may be interested in the same. The bean growing experiment station is authorized to establish such field experiment substations as in the judgment of the regents of the University of Idaho, may be necessary.
The regents of the University of Idaho are empowered and authorized, in their name, to purchase or otherwise acquire, lands and facilities and also accept gifts of land and/or facilities, or other donations as may be made to them for the purposes of this act.
History:
[22-2905, added 1949, ch. 178, sec. 5, p. 375.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2906 - COOPERATION WITH OTHER AGENCIES.

22-2906. COOPERATION WITH OTHER AGENCIES. The regents of the University of Idaho, through the bean growing experiment station, are hereby authorized to cooperate with the United States department of agriculture, or any other recognized agencies of the United States, the state of Idaho, or with other states, in the conducting and carrying on of the experiments and experimental work herein provided to be made, and to enter into contracts for this purpose, so as to pay all, or a proportionate amount of the costs of such work as may be deemed best to be undertaken in the interests of the state.
History:
[22-2906, added 1949, ch. 178, sec. 6, p. 375.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2911 - DECLARATION OF POLICY.

22-2911. DECLARATION OF POLICY. The production of beans is one of the major agricultural activities of the state of Idaho. Idaho beans are equal, if not superior, to beans grown elsewhere in the United States. However, because the bean industry in this state has failed to adequately advertise, develop and improve the superior quality of Idaho beans on a nationwide scale, this state does not enjoy its fair share of the national bean market. In the interests of the welfare and general prosperity of the people of this state, to avoid further unnecessary losses in the national bean market, and to carry on research into the growth, production and marketing of beans in Idaho, in order that the health-giving qualities and food value of our beans may become well-known throughout the United States, it is the purpose of this act to provide for and promote national advertising of Idaho beans, and to further provide for comprehensive studies and research analyses into the future production, growing, and marketing of Idaho beans.
History:
[22-2911, added 1957, ch. 94, sec. 1, p. 158.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2913 - EXECUTIVE OFFICE.

22-2913. EXECUTIVE OFFICE. The executive office of the commission is hereby established in Ada county.
History:
[22-2913, added 1957, ch. 94, sec. 3, p. 158; am. 2001, ch. 183, sec. 3, p. 615.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2914 - DEFINITIONS.

22-2914. DEFINITIONS. As used in this act:
(a) The term "commission" means the Idaho bean commission.
(b) The term "person" means individual, partnership, organization, corporation, association, and/or any other business unit.
(c) The term "beans" means all dry beans sold or intended for human consumption or for seed purposes grown in the state of Idaho.
(d) "Shipment" of beans means loading beans within the state of Idaho in a car, bulk truck, or other conveyance, to be transported for sale or otherwise.
(e) The term "dealer" means and includes any person engaged in the business of buying, receiving, cleaning, or selling beans for profit or remuneration, in this state or another state.
(f) The term "handler" means any person handling beans in the primary channels of trade.
(g) The term "grower" means the actual producer of any beans defined in this act.
(h) "Delivery" means the placing of beans into primary channels of trade when any such beans are sold or delivered for shipment or delivered for canning or processing into by-products.
(i) The term "hundredweight" means each one hundred (100) pound or combination of packages making a hundred (100) pound unit of any shipment of beans based on invoice and/or bill of lading records.
History:
[22-2914, added 1957, ch. 94, sec. 4, p. 158; am. 1972, ch. 351, sec. 1, p. 1038.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2915 - ADMINISTRATION AND ENFORCEMENT OF ACT.

22-2915. ADMINISTRATION AND ENFORCEMENT OF ACT. The commission shall prescribe and enforce suitable and reasonable regulations to enforce the provisions of this act, and shall administer the taxes levied and imposed by this act. The commission may at any time send its duly authorized agent or representative to enter upon the premises of any grower, dealer and/or handler of beans, to examine or cause to be examined any books, papers, records or memoranda concerning taxes payable under this act, and to secure other information either directly or indirectly involved in the enforcement of this act.
History:
[22-2915, added 1957, ch. 94, sec. 5, p. 158.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2916 - PENALTY FOR TAX DEFAULTS.

22-2916. PENALTY FOR TAX DEFAULTS. Any handler, dealer or grower who fails to make collection, file return or pay any tax within the time required by or pursuant to this act shall thereby forfeit to the state a penalty of five per centum (5%) of the amount of tax determined to be due, as provided in this act, plus one per centum (1%) of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such tax became due; but the commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and disposed of as provided with respect to moneys derived from the taxes levied and imposed by this act.
History:
[22-2916, added 1957, ch. 94, sec. 6, p. 158.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2918 - ADVERTISING, PUBLICITY AND SALES PROMOTION.

22-2918. ADVERTISING, PUBLICITY AND SALES PROMOTION. The commission shall plan and carry out marketing research, and conduct a continuous campaign for commodity advertising, publicity and sales promotion to increase the consumption of beans and may contract for any advertising, publicity and sales promotion service. To accomplish such purpose the commission shall have power and it shall be the duty of the commission to disseminate information relating to:
(a) Beans and the importance thereof in preserving the public health, the economy thereof in the diet of the people and the importance therein in the nutrition of children;
(b) The manner, method and means used and employed in the production, transportation, marketing and grading of beans, and laws of the state regulating and safeguarding such production, transportation, marketing and grading;
(c) The added cost to the producer and dealer in producing and handling beans to meet the high standards imposed by the state to insure a pure and wholesome product;
(d) The reasons why producers and dealers should receive a reasonable return on their labor and investment;
(e) The problem of furnishing the consumer at all times with an abundant supply of fine quality beans at reasonable prices;
(f) Factors of instability peculiar to the vegetable industry in general, and the bean industry in particular, such as unbalanced production, effect of the weather, influence of consumer purchasing power and price relative to the cost of other items of food in the normal diet of people, all to the end that an intelligent and increasing consumer demand may be created.[;]
(g) The possibilities of increased consumption of Idaho beans;
(h) Such other, further and additional information as shall tend to promote increased consumption of Idaho beans, and as may foster a better understanding and more efficient cooperation between producers, dealers and the consuming public;
(i) Branding, labeling, stenciling, sealing or packaging to promote and use in all ways, to advertise Idaho beans, and to protect their identity as far as possible to the final consumer.
History:
[22-2918, added 1957, ch. 94, sec. 8, p. 158.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2919 - DEPOSIT AND DISBURSEMENT OF FUNDS.

22-2919. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) No moneys shall be withdrawn or paid out of such accounts except upon order of the commission and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house of representatives agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited biennially by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house of representatives agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
History:
[22-2919, added 1988, ch. 51, sec. 2, p. 75; am. 1993, ch. 327, sec. 7, p. 1200; am. 1994, ch. 180, sec. 22, p. 436; am. 1996, ch. 159, sec. 8, p. 512; am. 2003, ch. 32, sec. 7, p. 120; am. 2006, ch. 364, sec. 1, p. 1101.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2920 - USES FOR MONEYS.

22-2920. USES FOR MONEYS. Funds received under the provisions of this chapter shall be expended for the following purposes:
(a) For the collection of the tax provided for in section 22-2921, Idaho Code, and the enforcement of all the provisions of this chapter.
(b) For the purpose of investigating and procuring better methods of production, transportation, shipment and merchandising of beans, and for the manufacture and merchandising of their by-products.
(c) For the general purpose of advertising beans for food and all other purposes.
History:
[22-2920, added 1957, ch. 94, sec. 10, p. 158; am. 1988, ch. 51, sec. 3, p. 76.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 29 - BEANS — PROMOTION OF INDUSTRY › Section 22-2921 - TAX LEVY.

22-2921. TAX LEVY. There is hereby levied and imposed a tax of twelve cents (12¢) per hundredweight on beans covered by this act, which tax shall be due on or before the time when such beans are first handled in the primary channels of trade and shall be paid at such time or times as the commission may by rule or regulation prescribe, but not later than the 15th day of the month next succeeding the three (3) month period in which such beans were handled in the primary channels of trade. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax.
The person first introducing beans into primary channels of trade shall be responsible for payment of the tax. If such person is the dealer or shipper handling beans grown by another he may charge against or recover from the grower of such beans eight cents (8¢) of the cost thereof, but he shall remain liable for and pay four cents (4¢) of the cost thereof. However, if such person is the dealer or handler and is only cleaning the beans for the grower, he shall charge against or recover from the grower the entire tax of twelve cents (12¢) per hundredweight.
History:
[22-2921, added 1957, ch. 94, sec. 11, p. 158; am. 1970, ch. 45, sec. 2, p. 92; 1972, ch. 351, sec. 2, p. 1038; am. 1978, ch. 135, sec. 1, p. 309; am. 1992, ch. 91, sec. 1, p. 281.]