reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5119 - CONFIDENTIAL AND PROTECTED RECORDS.

22-5119. CONFIDENTIAL AND PROTECTED RECORDS. Records required by the department to validate the collection and remittance of assessments, including, but not limited to, production summaries, receiving records, conditioning reports, records relating to the payment of seed crops and seed indemnity fund reporting forms of a seed buyer, and financial records that may be required pursuant to section 22-5113(4), Idaho Code, shall be held confidential and will be protected as production records according to chapter 1, title 74, Idaho Code. These records shall not be subject to disclosure unless specifically authorized in writing by the licensee or as otherwise authorized pursuant to the provisions of chapter 1, title 74, Idaho Code.
History:
[22-5119, added 2002, ch. 256, sec. 1, p. 743; am. 2015, ch. 141, sec. 36, p. 412.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5120 - SEED INDEMNITY FUND.

22-5120. SEED INDEMNITY FUND. (1) There is hereby established, within the dedicated account, a fund to be known as the seed indemnity fund. The seed indemnity fund shall consist of assessments remitted pursuant to the provisions of this chapter and any interest or earnings on the fund balance.
(2) All assessments shall be paid to the department and shall be deposited in the seed indemnity fund. Assessments shall be paid solely by or on behalf of producers who transfer or deposit for storage a seed crop with a seed buyer. The state treasurer shall be the custodian of the seed indemnity fund. Disbursements shall be authorized by the director. No appropriation is required for disbursements from this fund.
(3) The seed indemnity fund shall be used exclusively for paying valid claims as authorized by this chapter and the necessary fees and expenses of the department in carrying out its responsibilities under this chapter. If necessary a portion of the fund may be used to defray the cost of reinsuring the fund at the discretion of the director. The state of Idaho shall not be liable for any claims presented against the fund.
History:
[22-5120, added 2002, ch. 256, sec. 1, p. 743.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5121 - ASSESSMENTS.

22-5121. ASSESSMENTS. Every producer shall pay an assessment for deposit in the seed indemnity fund according to the provisions of this chapter and rules promulgated by the department. A delivery of seed crop between producers, none of whom are seed buyers, is exempt from the collection and payment of assessments. Assessments shall be collected on the gross dollar amount, without any deduction, owed to, or paid, or to be paid, on behalf of the producer of the seed crop.
(1) The initial rate of the assessment shall be five-tenths of one percent (.5%). Changes in the rate will be established by criteria in the rules of the department. However, the producer’s annual assessment shall not exceed five-tenths of one percent (.5%).
(2) If seed crop is stored for withdrawal, the assessment shall not exceed one-half cent (1/2¢) per pound, based on clean weight or, if not available, estimated clean weight, per twelve (12) month period, payable at time of withdrawal.
(3) There are no indemnity fund assessments on seed crops deposited for service.
History:
[22-5121, added 2002, ch. 256, sec. 1, p. 744; am. 2010, ch. 100, sec. 4, p. 196.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5122 - COLLECTION AND REMITTANCE OF ASSESSMENTS — PRINCIPAL AMOUNT HELD IN TRUST — INTEREST EARNED — FAILURE TO COLLECT OR REMIT ASSESSMENTS CONSTITUTES A VIOLATION — INTEREST AND PENALTIES FOR UNPAID ASSESSMENTS.

22-5122. COLLECTION AND REMITTANCE OF ASSESSMENTS — PRINCIPAL AMOUNT HELD IN TRUST — INTEREST EARNED — FAILURE TO COLLECT OR REMIT ASSESSMENTS CONSTITUTES A VIOLATION — INTEREST AND PENALTIES FOR UNPAID ASSESSMENTS. (1) The department shall promulgate rules to provide a procedure for the collection and remittance of the producer’s assessments. Seed buyers who owe producers for the transfer of seed crop or have stored for withdrawal seed crop shall be responsible for the collection of the producer’s assessments and the remittance of the assessments collected to the department.
(2) Seed buyers shall remit to the department assessments collected according to the provisions of this chapter. Payments will be made no later than the twentieth day of the month following the close of the calendar quarter on a form prescribed by the department. There are four (4) calendar quarters in the year, beginning on the first day of the months of January, April, July and October. Assessment reports shall be submitted even though assessments for the period have not been collected. Failure to do so will result in a penalty of one hundred dollars ($100).
(3) The principal amount of assessments paid by, or deducted from, payments to producers by seed buyers, is held in trust for the seed indemnity fund immediately upon collection by seed buyers and is not property of the seed buyer.
(4) Interest earned on assessments prior to remittance to the department belongs to the seed buyer.
(5) If a seed buyer fails to collect or remit assessments as required it shall be considered a violation of the provisions of this chapter and shall subject the seed buyer to suspension or revocation of any license issued to the seed buyer under the provisions of this chapter.
(6) The department shall collect, on assessments unpaid within the time limits specified in this chapter, interest at the rate of ten percent (10%) per annum until the assessments are remitted together with a penalty of five percent (5%) each month on the unpaid assessment due until the maximum penalty of twenty-five percent (25%) is reached.
History:
[22-5122, added 2002, ch. 256, sec. 1, p. 744.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5123 - FUNDING AND LIMITS OF FUND.

22-5123. FUNDING AND LIMITS OF FUND. The maximum amount of the seed indemnity fund shall be maintained between ten million dollars ($10,000,000) and twelve million dollars ($12,000,000).
History:
[22-5123, added 2002, ch. 256, sec. 1, p. 745.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5124 - ADVISORY COMMITTEE.

22-5124. ADVISORY COMMITTEE. (1) There is hereby created a seed indemnity fund advisory committee appointed by the director consisting of nine (9) members representing the diversity of the industry. Appointments shall be for up to three (3) year terms, each term ending on the same day of the same month as did the term preceding it. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed, shall hold office for the remainder of the predecessor’s term.
(2) The committee shall be composed of seven (7) producers engaged in producing seed crops and two (2) seed buyers or seed buyer representatives.
(3) The terms of the appointees will be staggered and the initial appointments shall be three (3) producers and one (1) seed buyer for one (1) year terms, two (2) producers for two (2) year terms, and two (2) producers and one (1) seed buyer for three (3) year terms.
(4) The committee shall meet annually at such place and time as it determines and may meet as often as necessary to discharge the duties imposed upon it. Each committee member shall be compensated in accordance with section 59-509(o), Idaho Code, for travel and subsistence expense. The expenses of the committee and its operation shall be paid from the seed indemnity fund.
(5) The committee shall have the power and duty to advise the director concerning assessments, administration of the seed indemnity fund, and payment of claims from the fund. Every two (2) years the committee will review the maximum limits of the fund and give advice to the director.
History:
[22-5124, added 2002, ch. 256, sec. 1, p. 745; am. 2004, ch. 173, sec. 1, p. 551.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5126 - FAILURE TO FILE — LOSS OF CLAIM ON FUND.

22-5126. FAILURE TO FILE — LOSS OF CLAIM ON FUND. No claim shall be paid from the fund to a producer who refuses or neglects to file a verified claim against a seed buyer:
(1) Within ninety (90) days from the date prescribed in the "notice of failure," or within the time limits of section 22-5125(1), Idaho Code, whichever is later; or
(2) If the claim is filed more than two (2) years from the date of transfer. Claims for seed crops used for lawns, turf and land reclamation including, but not limited to, bluegrass, ryegrass, native grasses, sagebrush and other native and nonnative shrubs, may not exceed two (2) years from the date of transfer or the date of sale, whichever occurs later.
History:
[22-5126, added 2002, ch. 256, sec. 1, p. 746; am. 2011, ch. 173, sec. 2, p. 495.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5127 - MINIMUM BALANCE FOR CLAIMS — TERMINATION OF LIABILITY.

22-5127. MINIMUM BALANCE FOR CLAIMS — TERMINATION OF LIABILITY. No claims of producers shall be paid when the balance in the seed indemnity fund is reduced to two hundred fifty thousand dollars ($250,000). If the director cannot fully pay producers’ claims without exceeding the minimum balance, he shall pay claims pro rata until the seed indemnity fund contains sufficient funds to pay claims in full. In no case shall the fund be liable for those claims not fully paid within three (3) years of submission of the claim.
History:
[22-5127, added 2002, ch. 256, sec. 1, p. 746.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5128 - PAYMENT FROM FUND — DEBT OF SEED BUYER OR SURETY — REIMBURSEMENT — ACCRUAL OF CAUSE OF ACTION.

22-5128. PAYMENT FROM FUND — DEBT OF SEED BUYER OR SURETY — REIMBURSEMENT — ACCRUAL OF CAUSE OF ACTION. Amounts paid from the seed indemnity fund in satisfaction of any approved claims shall constitute a debt and obligation of the seed buyer against whom the claim was made and its surety. The director may bring suit on behalf of the seed indemnity fund and in the name of any claimant paid from the fund in district court of Ada county to recover from the seed buyer and its surety the amount of the payment made from the seed indemnity fund, together with costs and attorney’s fees incurred in maintaining the suit. In the event the department initiates an action against a seed buyer or surety, the department’s claim is deemed to accrue and relate back to the time that each producer who received a seed indemnity fund payment incurred a loss with the seed buyer. Any recovery for reimbursement of the fund shall bear interest at the statutory rate from the date of failure.
History:
[22-5128, added 2002, ch. 256, sec. 1, p. 746.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 51 - SEED INDEMNITY FUND LAW › Section 22-5129 - RULES.

22-5129. RULES. The department may, from time to time, make such rules as it deems necessary for the efficient execution of the provisions of this chapter.
History:
[22-5129, added 2002, ch. 256, sec. 1, p. 747.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 53 - IDAHO WOLF DEPREDATION CONTROL BOARD › Section 22-5301 - BOARD CREATED.

22-5301. BOARD CREATED. (1) Notwithstanding the provisions of section 25-2612A, Idaho Code, there is hereby created the Idaho wolf depredation control board in the office of the governor for the purpose of directing and managing funds as provided for in this chapter for wolf depredation control within the state of Idaho. The board shall be composed of five (5) members, three (3) of whom shall be appointed by the governor. A majority of the members present at any meeting shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the board. The membership of the board shall consist at all times of members representing the following executive agencies and interests:
(a) The director of the department of agriculture;
(b) The director of the department of fish and game;
(c) A member representative of sportsmen’s interests;
(d) A member representative of the livestock industry; and
(e) A member of the public at large, not to exclude any person who may have sportsmen or livestock interests.
Members of the board not representing an executive agency will be appointed by the governor.
(2) Each member of the board shall be a citizen of the United States and a bona fide resident of the state of Idaho. During a term of office, a member must continue to possess all of the qualifications necessary for appointment. Failure to maintain such qualifications shall be cause for removal from office. The governor may remove any appointed board member at will.
(3) On July 1, 2014, the governor shall appoint each member who is not an executive agency director to an initial term as follows: the member representative of sportsmen’s interests shall serve an initial appointment of two (2) years; the member representative of the livestock industry shall serve an initial appointment of two (2) years and the member of the public at large shall serve an initial appointment of three (3) years. All subsequent terms of appointment of all appointed board members shall be two (2) years. Vacancies shall be filled as terms expire. Each of such board members shall hold office until his successor has been appointed. The term of office shall commence on July 1 of the year of appointment and expire on June 30 of the last year of the term of office.
(4) Vacancies in any unexpired term shall be filled by appointment by the governor for the remainder of the unexpired term. The member appointed to fill a vacancy shall represent the same interest as the member whose office has become vacant.
History:
[22-5301, added 2014, ch. 188, sec. 2, p. 500.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 53 - IDAHO WOLF DEPREDATION CONTROL BOARD › Section 22-5302 - OFFICERS — MEETINGS — EXPENSES.

22-5302. OFFICERS — MEETINGS — EXPENSES. (1) The board shall be cochaired by the director of the department of agriculture and the director of the department of fish and game. A vice chairman and a secretary-treasurer shall be annually elected from among the appointed board members. The board shall meet annually and at such other times as called by a cochairman or when requested by two (2) or more members of the board.
(2) In the performance of official duties, each appointed board member shall be compensated as provided in section 59-509(b), Idaho Code.
(3) No funds raised pursuant to section 22-5306, Idaho Code, shall be used for travel or expenses outside the state of Idaho.
(4) Reimbursement of actual expenses incurred by appointed board members shall be paid from the state wolf control fund.
(5) The department of agriculture and the department of fish and game shall bear the cost of administering the meetings of the board.
History:
[22-5302, added 2014, ch. 188, sec. 2, p. 501.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 53 - IDAHO WOLF DEPREDATION CONTROL BOARD › Section 22-5303 - DEFINITIONS.

22-5303. DEFINITIONS. As used in this chapter, unless the context requires otherwise:
(1) "Board" means the Idaho wolf depredation control board;
(2) "Brand board" means the state brand board;
(3) "Director" means either the director of the department of agriculture or the director of the department of fish and game, as so designated;
(4) "Wolf" means the Canis lupus species.
History:
[22-5303, added 2014, ch. 188, sec. 2, p. 501.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 53 - IDAHO WOLF DEPREDATION CONTROL BOARD › Section 22-5304 - POWERS AND DUTIES.

22-5304. POWERS AND DUTIES. (1) It is hereby made the duty of the board to administer the wolf control fund including setting the procedures and standards for payment from the fund. In carrying out these duties, the board may cooperate with federal, state, county, city and private agencies, organizations and individuals.
(2) The board has the authority to enter into agreements, including contracts, memoranda of understanding or memoranda of agreement with any federal agency, state agency, private contractor, political subdivision of the state of Idaho, or agency of another state in order to implement the provisions of this act.
(3) The control of wolves under this chapter does not include the payment of compensation for damages. Control activities funded by the board shall be consistent with the provisions of section 36-1107(c) and (d), Idaho Code.
(4) The board may contract with the director of the Idaho state department of agriculture (ISDA) for legal and fiscal services as required under this act.
History:
[22-5304, added 2014, ch. 188, sec. 2, p. 501; am. 2021, ch. 307, sec. 1, p. 914.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 53 - IDAHO WOLF DEPREDATION CONTROL BOARD › Section 22-5305 - WOLF CONTROL FUND.

22-5305. WOLF CONTROL FUND. (1) The wolf control fund is hereby created and established in the state treasury. Moneys in the fund shall be divided into three (3) subaccounts identified as follows:
(a) The "livestock subaccount" which shall consist of all assessments collected by the state brand inspector and the Idaho sheep and goat health board pursuant to the provisions of this chapter;
(b) The "fish and game fund transfer subaccount" which shall consist of all moneys transferred to the fund from the fish and game fund pursuant to the provisions of this chapter; and
(c) The "other money subaccount" which shall consist of any moneys other than moneys identified in paragraphs (a) and (b) of this subsection that are deposited in the fund.
The state treasurer shall invest the idle moneys of each subaccount and the interest earned on such investments shall be retained by each subaccount. Moneys in the fund are continuously appropriated to be used solely for carrying out the provisions of this chapter.
(2) The wolf control secondary fund, hereinafter referred to as the secondary fund, is hereby created and established in the state treasury. Beginning in fiscal year 2015, at any time moneys in the livestock subaccount of the wolf control fund exceed one hundred ten thousand dollars ($110,000), any amount over and above one hundred ten thousand dollars ($110,000) shall be deposited in the secondary fund. The state treasurer shall invest the idle moneys of the secondary fund, and the interest earned on such investments shall be retained by the secondary fund. Moneys in the fund are continuously appropriated to be used solely for meeting the livestock assessment deposit requirements of section 22-5306(1), Idaho Code. In the event collected assessments do not meet the minimum deposit requirements, an amount from the secondary fund as is necessary to meet the minimum deposit requirements in combination with collected assessments may be transferred to the livestock subaccount of the wolf control fund at the end of each fiscal year.
History:
[22-5305, added 2014, ch. 188, sec. 2, p. 501.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 54 - IDAHO PRODUCE SAFETY › Section 22-5401 - TITLE.

22-5401. TITLE. This chapter shall be known and may be cited as the "Idaho Produce Safety Law."
History:
[22-5401, added 2018, ch. 216, sec. 2, p. 487.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 54 - IDAHO PRODUCE SAFETY › Section 22-5402 - LEGISLATIVE INTENT.

22-5402. LEGISLATIVE INTENT. The legislative intent of this act is to authorize the Idaho state department of agriculture to administer and enforce this act, the produce safety rule, not to exceed the standards required by federal law. The Idaho state department of agriculture shall create a program capable of fulfilling a thorough and competent preventive food safety system through a collaborative and cooperative effort that will demonstrate movement toward the goal of improved produce safety. Such program shall ensure that fresh fruit and vegetables meet standards to provide the safest food to consumers and improve access to wholesome nutritious fresh produce across the state, the nation and the world.
History:
[22-5402, added 2018, ch. 216, sec. 2, p. 487.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 54 - IDAHO PRODUCE SAFETY › Section 22-5403 - DEFINITIONS.

22-5403. DEFINITIONS. As used in this chapter:
(1) "Department" means the Idaho state department of agriculture.
(2) "Director" means the director of the Idaho state department of agriculture or the director’s designee.
(3) "Facility" in this chapter also includes a "mixed-type facility" as defined in the produce safety rule.
(4) "Farm" has the same meaning as provided in the produce safety rule.
(5) "Produce safety rule" means the standards for growing, harvesting, packing and holding of produce for human consumption promulgated pursuant to the food and drug administration food, drug and cosmetic act.
History:
[22-5403, added 2018, ch. 216, sec. 2, p. 487.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 54 - IDAHO PRODUCE SAFETY › Section 22-5404 - ADMINISTRATION — ENFORCEMENT — RULES AND COOPERATION.

22-5404. ADMINISTRATION — ENFORCEMENT — RULES AND COOPERATION. (1) The department is authorized to administer and enforce this chapter. The authority granted to the department under this chapter is in addition to, and not in lieu of, any other lawful authority granted to the department under state or federal law to administer and enforce requirements related to food safety. The director is authorized, in conformance with chapter 52, title 67, Idaho Code, to promulgate rules necessary to administer the purpose and provisions of this chapter.
(2) The director shall administer and enforce the produce safety rule with moneys appropriated to the department by the federal government for the purpose of administering and enforcing the produce safety rule. Provided however, if the federal government does not appropriate moneys for this purpose or if the produce safety rule or its authorizing statute is repealed or made void, the director will cease enforcing the produce safety rule, this chapter and the rules promulgated under this chapter. Any exemption made to the requirements of the produce safety rule will also apply to this chapter and the rules promulgated under this chapter.
(3) The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, private associations, and regulated persons and entities in order to carry out the purpose and provisions of this chapter.
History:
[22-5404, added 2018, ch. 216, sec. 2, p. 487.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 54 - IDAHO PRODUCE SAFETY › Section 22-5405 - INSPECTIONS.

22-5405. INSPECTIONS. (1) The director, during normal business hours, may enter any farm or facility that grows, harvests, packs or holds produce for human consumption to:
(a) Inspect that farm or facility to determine whether this chapter and the rules promulgated under this chapter are being violated;
(b) Review and copy the farm or facility’s records that are relevant to the enforcement of this chapter; and
(c) Secure and test samples needed to verify compliance with this chapter and the rules promulgated under this chapter. The director shall conduct inspections and sample collections and tests in a reasonable manner.
(2) If the owner or operator of any farm or facility described in subsection (1) of this section, or the owner or operator’s authorized agent, refuses to admit the director to inspect pursuant to subsection (1) of this section, the director may obtain from any state court of competent jurisdiction an administrative warrant directing that owner, operator or agent to submit the premises described in the warrant to inspection.
History:
[22-5405, added 2018, ch. 216, sec. 2, p. 487.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 54 - IDAHO PRODUCE SAFETY › Section 22-5406 - VIOLATIONS — PENALTIES.

22-5406. VIOLATIONS — PENALTIES.
(1)(a) It is a violation for any person to:
(i) Fail to comply with any of the provisions of this chapter or any rules promulgated under this chapter; or
(ii) Interfere or attempt to interfere with the director in the performance of his duties under this chapter or rules promulgated under this chapter.
(b) The department may assess a civil penalty against a violator of not more than ten thousand dollars ($10,000) for each violation or one thousand dollars ($1,000) for each day of a continuing violation, in addition to reasonable attorney’s fees in accordance with section 12-117, Idaho Code.
(2) The department may assess a civil penalty in conjunction with any other department administrative action.
(3) The department may not assess a civil penalty 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.
(4) 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. In addition to the assessed penalty, the department shall be entitled to recover, in accordance with section 12-117, Idaho Code, reasonable attorney’s fees and costs incurred in such action or on appeal from such action.
(5) 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 department, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.
(6) All civil penalties collected pursuant to this section shall be remitted to the produce safety account of the department.
History:
[22-5406, added 2018, ch. 216, sec. 2, p. 488.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 54 - IDAHO PRODUCE SAFETY › Section 22-5407 - COORDINATION WITH DEPARTMENT OF HEALTH AND WELFARE.

22-5407. COORDINATION WITH DEPARTMENT OF HEALTH AND WELFARE. (1) In the event the department of health and welfare or the Idaho state department of agriculture finds or has probable cause to believe that any produce:
(a) Is adulterated within the meaning of chapter 1, title 37, Idaho Code;
(b) Is so misbranded as to be dangerous or fraudulent within the meaning of chapter 1, title 37, Idaho Code;
(c) Is unsound;
(d) Contains any filthy, decomposed or putrid substance;
(e) May be poisonous or deleterious to health or otherwise unsafe; or
(f) Is offered or exposed for sale or held in possession with intent to distribute or sell, or is intended for distribution or sale in violation of any provision of chapter 1, title 37, Idaho Code, or the provisions of this chapter.
(2) In the event the Idaho state department of agriculture finds that produce is found to be in violation of this chapter or rules promulgated under this chapter, the department may issue and enforce a stop sale, use or removal order to the distributor, owner or custodian of the produce and hold the produce, or order it held, at a designated place until the law has been complied with and the produce is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. Any person adversely affected by the department’s determination may seek remedies as prescribed under the provisions of chapter 52, title 67, Idaho Code.
History:
[22-5407, added 2018, ch. 216, sec. 2, p. 488.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 1 - INTERPRETATIVE AND GENERAL PROVISIONS OF IDAHO LIQUOR ACT › Section 23-101 - SHORT TITLE.

23-101. SHORT TITLE. This act may be cited as the "Idaho Liquor Act."
History:
[23-101, added 1939, ch. 222, sec. 101, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 1 - INTERPRETATIVE AND GENERAL PROVISIONS OF IDAHO LIQUOR ACT › Section 23-102 - PURPOSE OF ACT.

23-102. PURPOSE OF ACT. This act is passed in the exercise of the police power of the state. It is not designed to abridge the personal privilege of a responsible adult to consume alcoholic liquor as a beverage, except in cases of the abuse of that privilege to the detriment of others. The public interest requires that traffic in alcoholic liquor be regulated and controlled by the state, through the medium of a state liquor division vested with exclusive authority to import and sell such liquor, with certain exceptions, which are subject to its regulation.
History:
[23-102, added 1939, ch. 222, sec. 102, p. 465; am. 2009, ch. 23, sec. 2, p. 53.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 1 - INTERPRETATIVE AND GENERAL PROVISIONS OF IDAHO LIQUOR ACT › Section 23-103 - PRIOR OFFENSES AND RIGHTS NOT AFFECTED.

23-103. PRIOR OFFENSES AND RIGHTS NOT AFFECTED. This act shall not impair or affect any act done, offense committed, or right accruing, secured, or acquired, or penalty, forfeiture or punishment incurred prior to its effective date, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted as fully and to the same extent as if this act had not been passed.
History:
[23-103, added 1939, ch. 222, sec. 103, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 1 - INTERPRETATIVE AND GENERAL PROVISIONS OF IDAHO LIQUOR ACT › Section 23-104 - SEPARABILITY.

23-104. SEPARABILITY. Should any section, clause, sentence, or provision of this act, be held invalid for any reason, such holding or decree shall not be construed as affecting the validity of any of the remaining portions hereof, it being declared that the legislature would have adopted the remainder of this act, notwithstanding the invalidity of any such section, clause, sentence, or provision.
History:
[23-104, added 1939, ch. 222, sec. 104, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 1 - INTERPRETATIVE AND GENERAL PROVISIONS OF IDAHO LIQUOR ACT › Section 23-105 - ALCOHOLIC LIQUOR DEFINED.

23-105. ALCOHOLIC LIQUOR DEFINED. "Alcoholic liquor," as the term is used in this act, includes:
(a) "Alcohol," meaning the product of distillation of any fermented liquor, rectified once or more than once, whatever may be the origin thereof, or synthetic ethyl alcohol.
(b) "Spirits," meaning any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including, among other things, brandy, rum, whiskey and gin.
(c) Any liquid or solid, patented or not, containing spirits, and susceptible of being consumed by a human being for beverage purposes and containing more than four percent (4%) of alcohol by volume.
History:
[23-105, added 1939, ch. 222, sec. 106, p. 465; am. 2011, ch. 130, sec. 1, p. 363; am. 2012, ch. 113, sec. 1, p. 311.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-201 - DIRECTOR — APPOINTMENT AND TERM.

23-201. DIRECTOR — APPOINTMENT AND TERM. There shall be a state liquor division (in this act referred to as the "division"), in the office of the governor. The division shall be a division of the office of the governor for the purposes of chapter 8, title 67, Idaho Code, and the administrator of the division shall be known as the director of the state liquor division. The director shall be appointed by the governor for a term of three (3) years, but may be removed by the governor at will.
History:
[23-201, added 1939, ch. 222, sec. 201, p. 465; am. 1941, ch. 10, sec. 1, p. 20; am. 1974, ch. 22, sec. 8, p. 592; am. 2009, ch. 23, sec. 3, p. 54; am. 2012, ch. 113, sec. 2, p. 312.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-202 - PRINCIPAL PLACE OF BUSINESS.

23-202. PRINCIPAL PLACE OF BUSINESS. The principal place of business of the division shall be in Ada county.
History:
[23-202, added 1939, ch. 222, sec. 202, p. 465; am. 2001, ch. 183, sec. 6, p. 617; am. 2009, ch. 23, sec. 4, p. 54.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-203 - POWERS AND DUTIES.

23-203. POWERS AND DUTIES. The division shall have the following general powers and duties:
(a) Regulation of Liquor Traffic. To permit, license, inspect and regulate the manufacture, importation, transportation, storage, sale and delivery of alcoholic liquor for purposes permitted by this act.
(b) Traffic in Liquor. To buy, import, transport, store, sell and deliver alcoholic liquor, wine containing more than sixteen percent (16%) alcohol by volume, table wine, as defined in section 23-1303, Idaho Code, that is manufactured in Idaho, and sparkling wine.
(c) Operation of Liquor Stores. To establish, maintain and discontinue warehouses, state liquor stores and distribution stations, and in the operation thereof to buy, import, transport, store, sell and deliver such other nonalcohol merchandise as may be reasonably related to its sale of alcoholic liquor.
(d) Acquisition of Real Estate. To acquire, buy and lease real estate and to improve and equip the same for the conduct of its business.
(e) Acquisition of Personal Property. To acquire, buy and lease personal property necessary and convenient for the conduct of its business.
(f) Making Reports. To report to the governor annually, and at such other times as he may require, concerning the condition, management and financial transactions of the division.
(g) General Powers. To do all things necessary and incidental to its powers and duties under this act.
The division shall so exercise its powers as to curtail the intemperate use of alcoholic beverages. It shall not attempt to stimulate the normal demands of temperate consumers thereof, irrespective of the effect on the revenue derived by the state from the resale of intoxicating liquor.
History:
[23-203, added 1939, ch. 222, sec. 203, p. 465; am. 2006, ch. 18, sec. 1, p. 68; am. 2009, ch. 23, sec. 5, p. 54; am. 2011, ch. 130, sec. 2, p. 364.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-206 - POWERS AND DUTIES OF DIRECTOR AS SUCCESSOR TO IDAHO LIQUOR BOARD.

23-206. POWERS AND DUTIES OF DIRECTOR AS SUCCESSOR TO IDAHO LIQUOR BOARD. The director of the division shall have the following general powers and duties. (a) Supervision: To exercise general supervision of the conduct and business of the division. (b) Rules and Regulations: To promulgate rules and regulations in the exercise of the governmental and proprietary powers and duties of the division.
History:
[23-206, added 1939, ch. 222, sec. 307, p. 465; am. 1941, ch. 10, sec. 3, p. 20; am. 2009, ch. 23, sec. 8, p. 55.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-208 - DIRECTOR — POWERS AND DUTIES.

23-208. DIRECTOR — POWERS AND DUTIES. The director as the executive officer of the division, shall exercise all the powers and duties vested in the division.
History:
[23-208, added 1939, ch. 222, sec. 401, p. 465; am. 1941, ch. 10, sec. 5, p. 20; am. 2009, ch. 23, sec. 10, p. 56.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-209 - OFFICIAL BOND OF DIRECTOR.

23-209. OFFICIAL BOND OF DIRECTOR. The director shall be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code.
History:
[23-209, added 1939, ch. 222, sec. 402, p. 465; am. 1941, ch. 10, sec. 6, p. 20; am. 1971, ch. 136, sec. 11, p. 522; am. 2009, ch. 23, sec. 11, p. 56.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-211 - PERSONNEL NOT TO BE INTERESTED IN PRIVATE LIQUOR TRAFFIC.

23-211. PERSONNEL NOT TO BE INTERESTED IN PRIVATE LIQUOR TRAFFIC. Neither the director nor any other officer or employee of the division shall, directly or indirectly, individually, or as a member of a partnership or as a shareholder in a corporation, have any private interest whatsoever in the business of manufacturing, transporting, distributing, or selling of alcoholic liquor; nor shall he receive any kind of profit whatsoever, or have any interest whatsoever in the purchases or sale by the persons herein authorized to purchase and sell alcoholic liquor, except that such provisions shall not prevent any such person from purchasing and keeping in his possession for the personal use of himself, his family, or his guests, of any liquor which may be lawfully purchased.
History:
[23-211, added 1939, ch. 222, sec. 501, p. 465; am. 1941, ch. 10, sec. 8, p. 20; am. 2009, ch. 23, sec. 12, p. 56; am. 2012, ch. 113, sec. 6, p. 313.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-212 - PERSONNEL DISQUALIFIED FROM OTHER OFFICE OR BUSINESS.

23-212. PERSONNEL DISQUALIFIED FROM OTHER OFFICE OR BUSINESS. No officer or employee of the division shall, while holding such office or position, hold any other office or position or engage in any occupation or business inconsistent or interfering with the duties of such employment.
History:
[23-212, added 1939, ch. 222, sec. 502, p. 465; am. 2009, ch. 23, sec. 13, p. 56.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-214 - OFFICERS AND EMPLOYEES NOT PERSONALLY LIABLE.

23-214. OFFICERS AND EMPLOYEES NOT PERSONALLY LIABLE. Neither the director nor any of the officers or employees of the division shall be liable for damages sustained by any person because of any act done in the performance of their respective duties under this act.
History:
[23-214, added 1939, ch. 222, sec. 504, p. 465; am. 1941, ch. 10, sec. 9, p. 20; am. 2009, ch. 23, sec. 14, p. 56; am. 2012, ch. 113, sec. 7, p. 313.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-215 - PRICE LISTS TO BE FURNISHED BY SELLERS.

23-215. PRICE LISTS TO BE FURNISHED BY SELLERS. All sellers of liquors or wines to the division shall furnish to the director or other executive officer of said division, upon demand of such officer, a sworn statement showing the prices at which the same kind and grade of liquors or wines are currently sold to the official buying agencies of all states whose border touches the border of the state of Idaho; and it shall be the duty of the director or other executive officer of said division, to keep such listed prices on file in his office and to permit the examination of the same at all times during regular office hours by any person desiring to inspect the same.
History:
[23-215, added 1943, ch. 47, sec. 1, p. 93; am. 2009, ch. 23, sec. 15, p. 57.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-216 - ATTORNEY OR AGENT OF SELLER — NAME AND ADDRESS TO BE FURNISHED.

23-216. ATTORNEY OR AGENT OF SELLER — NAME AND ADDRESS TO BE FURNISHED. Any firm or person interested in the sale of liquors or wines to the division shall file with said division the name and address of any attorney or agent employed by such firm or person in the state of Idaho, and designating the services to be performed by such attorney or agent, which information shall be filed in the office of the division and shall be available at all times during regular office hours to any person desiring to inspect the same.
History:
[23-216, added 1943, ch. 47, sec. 2, p. 93; am. 2009, ch. 23, sec. 16, p. 57.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 2 - STATE LIQUOR DIVISION › Section 23-217 - SURCHARGE ADDED TO PRICE OF ALCOHOLIC LIQUOR AND ALL OTHER MERCHANDISE SOLD — COLLECTION AND REMISSION BY DIRECTOR.

23-217. SURCHARGE ADDED TO PRICE OF ALCOHOLIC LIQUOR AND ALL OTHER MERCHANDISE SOLD — COLLECTION AND REMISSION BY DIRECTOR. (1) The director of the division is hereby authorized and directed to include in the price of alcoholic liquor and all other merchandise sold in the division, and its branches, a surcharge equal to two percent (2%) of the current price per unit computed to the nearest multiple of five cents (5¢).
(2) After the price of the surcharge has been included, the director of the division is hereby authorized and directed to allow a discount of five percent (5%) from the price of each order of alcoholic liquor and all other merchandise sold to any licensee, as defined in section 23-902(8), Idaho Code.
(3) The surcharge imposed pursuant to this section shall be collected and credited monthly to the drug court, mental health court and family court services fund, as set forth in section 1-1625, Idaho Code.
History:
[23-217, added 1959, ch. 166, sec. 1, p. 386; am. 1961, ch. 248, sec. 1, p. 411; am. 1963, ch. 428, sec. 1, p. 1107; am. 1971, ch. 3 (E.S.), sec. 1, p. 9; am. 1972, ch. 311, sec. 1, p. 772; am. 1973, ch. 290, sec. 1, p. 613; am. 1974, ch. 22, sec. 10, p. 592; am. 1974, ch. 213, sec. 1, p. 1558; am. 1976, ch. 317, sec. 1, p. 1086; am. 1982, ch. 255, sec. 1, p. 654; am. 1994, ch. 180, sec. 36, p. 450; am. 2003, ch. 291, sec. 1, p. 792; am. 2004, ch. 318, sec. 2, p. 893; am. 2005, ch. 360, sec. 3, p. 1146; am. 2006, ch. 18, sec. 2, p. 69; am. 2009, ch. 23, sec. 17, p. 57; am. 2016, ch. 268, sec. 4, p. 723.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-301 - LIQUOR STORES — NOTICE OF INTENT TO LOCATE.

23-301. LIQUOR STORES — NOTICE OF INTENT TO LOCATE. (a) The division may establish and maintain liquor stores in any city organized under general or special law. Before any store site or distributing station may be established within a city or unincorporated area that does not have a distributing station, the division shall have printed in the city’s official newspaper, as defined in section 50-213, Idaho Code, a legal notice of the division’s intent to establish a liquor store or distributing station in the city and that a public hearing will be held regarding the proposed liquor store if the requirements specified herein are satisfied. The legal notice shall contain the time, date and place of the hearing and the address where the liquor store or distributing station is proposed to be located, notice of the right to protest the location, the requirements necessary to be satisfied before a public hearing will be held, and shall be a twenty (20) days’ notice as described in section 60-109, Idaho Code. If the lesser of twenty-five (25) people or ten percent (10%) of the eligible voters living in precincts, any part of which is located within a one thousand (1,000) foot radius surrounding the proposed site, sign a petition which protests the proposed site of the liquor store or distributing station and present it to the director or his designated representative, a public hearing shall be held within one (1) week after the last legal notice has been published.
(b) If fifty percent (50%) or more of the eligible voters living in precincts, any part of which is located within a one thousand (1,000) foot radius surrounding the proposed site of the liquor store or distributing station, sign a petition which protests the proposed site of the liquor store or distributing station and present it to the director or his designated representative within five (5) business days after the public hearing, the division shall not place a liquor store or distributing station at the proposed site.
(c) The division may classify liquor stores according to the volume of their sales.
History:
[23-301, added 1939, ch. 222, sec. 601, p. 465; am. 1978, ch. 237, sec. 1, p. 506; am. 1980, ch. 68, sec. 1, p. 143; am. 1980, ch. 301, sec. 1, p. 778; am. 2009, ch. 23, sec. 18, p. 57; am. 2012, ch. 113, sec. 8, p. 313.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-302 - DISTRIBUTING STATIONS — NOTICE OF INTENT TO LOCATE.

23-302. DISTRIBUTING STATIONS — NOTICE OF INTENT TO LOCATE. (a) The division may select a special distributor in any municipality where in its judgment a liquor store is not required; or in any unincorporated locality, but only if satisfied of the existence therein of adequate local police protection, upon the furnishing by said distributor of a bond satisfactory to the division, conditioned for his faithful observance of this act and the rules and regulations of the division thereunder, and if the provisions of section 23-301, Idaho Code, are complied with.
(b) In maintaining the location of any such store or station, or in discontinuing the same, the division shall give due consideration to the normal local demand for alcoholic liquor by resident temperate adult consumers and the local community sentiment with respect to the liquor traffic as expressed by ordinance or otherwise.
History:
[23-302, added 1939, ch. 222, sec. 602, p. 465; am. 1978, ch. 237, sec. 2, p. 506; am. 1980, ch. 301, sec. 2, p. 779; am. 2009, ch. 23, sec. 19, p. 58.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-303 - PROXIMITY OF SCHOOL.

23-303. PROXIMITY OF SCHOOL. No liquor store or distribution station shall be located within three hundred (300) feet of a school.
History:
[23-303, added 1939, ch. 222, sec. 603, p. 465.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-304 - QUALIFICATIONS OF SPECIAL DISTRIBUTORS.

23-304. QUALIFICATIONS OF SPECIAL DISTRIBUTORS. A special distributor shall have been a resident of the state for at least six (6) months prior to his selection and shall be a person having a reputation for probity, temperance and integrity.
History:
[23-304, added 1939, ch. 222, sec. 604, p. 465; am. 1945, ch. 43, sec. 1, p. 56; am. 1973, ch. 23, sec. 1, p. 44; am. 2012, ch. 113, sec. 9, p. 314.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-305 - COMPENSATION OF SPECIAL DISTRIBUTORS.

23-305. COMPENSATION OF SPECIAL DISTRIBUTORS. Special distributors shall receive uniform compensation, which compensation shall be considered a part of the cost of sales, according to classifications fixed by the division.
History:
[23-305, added 1939, ch. 222, sec. 605, p. 465; am. 1993, ch. 238, sec. 1, p. 824; am. 2009, ch. 23, sec. 20, p. 58; am. 2012, ch. 113, sec. 10, p. 314.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-306 - GENERAL CONDUCT AND MANAGEMENT.

23-306. GENERAL CONDUCT AND MANAGEMENT. In the conduct and management of liquor stores and distributing stations, special distributors shall be subject to the provisions of this act and the rules and regulations of the division.
History:
[23-306, added 1939, ch. 222, sec. 606, p. 465; am. 2009, ch. 23, sec. 21, p. 58; am. 2012, ch. 113, sec. 11, p. 314.]
2023 Idaho Code › Title 23 - ALCOHOLIC BEVERAGES › Chapter 3 - LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS › Section 23-307 - DAYS WHEN SALES ARE PROHIBITED.

23-307. DAYS WHEN SALES ARE PROHIBITED. It shall be unlawful to transact the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station:
(a) After the closing hours as established by the division.
(b) On any Thanksgiving, Christmas or Memorial Day.
(c) On any Sunday, except as provided by county option pursuant to section 23-308, Idaho Code.
(d) During such other periods or days as may be designated by the division.
History:
[23-307, added 1939, ch. 222, sec. 607, p. 465; am. 1983, ch. 96, sec. 1, p. 209; am. 2004, ch. 79, sec. 1, p. 303; am. 2008, ch. 248, sec. 1, p. 729; am. 2009, ch. 23, sec. 22, p. 59.]