reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-905 - APPLICATION OF TOLERANCES.

22-905. APPLICATION OF TOLERANCES. All percentages shall be calculated on the basis of weight.
The tolerances for the standards are on a container basis. However, if the averages for the entire lot, based on sample inspection, are within the tolerances specified in the standards, the contents of individual packages in the lot may vary from the specified tolerances subject to the following limitations.
In packages containing over 15 specimens, when the tolerance specified is 10 percent or more, not over one tenth (1/10) of the individual packages in the lot may contain more than one and one-half (1 1/2) times the tolerance, but no package may contain more than four (4) times the tolerance for soft rot or wet breakdown.
When the tolerance specified is less than 10 percent, not over one tenth (1/10) of the individual packages in any lot may contain more than double the tolerance specified, but no package may contain more than four (4) times the tolerance for soft rot or wet breakdown.
In packages containing 15 specimens, or less, not over one tenth (1/10) of the individual packages in any lot may contain more than double any tolerance specified, except that at least one (1) defective specimen shall be permitted in a package.
History:
[22-905, added 1941, ch. 32, sec. 5, p. 72.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-906 - BAKERS.

22-906. BAKERS. When potatoes, sized six (6) ounces or larger, are packed in containers branded in accordance with the grade to which they conform, they may, in addition, carry a tag or brand bearing the designation "Idaho Bakers."
History:
[22-906, added 1941, ch. 32, sec. 6, p. 72.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-907 - CONTAINERS.

22-907. CONTAINERS. The term "containers" means cloth, plastic, paper, or fiber sacks (such as are customarily used in the shipment of potatoes), cartons, barrels, boxes, crates, hampers, or baskets. Cloth or fiber sacks in which potatoes not exempt under the provisions of this act are packed for shipment, shall be new or recleaned, bright, undamaged sacks. Provided, however, that on and after September 1, 1949, no container known as a mugged bag can be used on any grade or grades of potatoes as defined in this act. The term "mugged bag" means any bag, after such bag has been filled and the top thereof closed or secured, which is not fully closed at the top and which leaves the mouth thereof partially open so that the lips of the bag are not drawn closely together.
The term "undamaged" means that sacks have unbroken hems and may have not more than two (2) holes of not more than one (1) inch in diameter.
History:
[22-907, added 1941, ch. 32, sec. 7, p. 72; am. 1949, ch. 108, sec. 1, p. 197; am. 1965, ch. 146, sec. 2, p. 285.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-908 - BRANDS.

22-908. BRANDS. When potatoes are packed in containers, such containers shall be branded, marked, labeled, or stenciled in a plain and legible manner with the name of the grade as hereinbefore provided for and to which such potatoes conform. When the containers contain one hundred (100) pounds or more, such brands, marks, labels, or stencils shall be in two (2) inch or larger block type letters, but when the containers contain less than one hundred (100) pounds, the brands, marks, labels, or stencils may be in proportion to the size of the container.
The brands, marks, labels, or stencils shall be branded in a color or colors to contrast with the color of the container, and shall be on the same side of the bag or container as the private brand or other printing on the container, and shall be in such position as to be readily legible with the other printed matter or design on the container. On one hundred (100) pound bags, the grade designation shall not be nearer than six (6) inches to the top or bottom of the bag; on bags containing less than one hundred (100) pounds, the grade designation shall be placed in position in proportion relatively to the one hundred (100) pound bag.
History:
[22-908, added 1941, ch. 32, sec. 8, p. 72.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-909 - PRIVATE BRANDS.

22-909. PRIVATE BRANDS. Private brands may be used when such brands include the official grade title and are registered, approved and recorded by the state department of agriculture.
History:
[22-909, added 1941, ch. 32, sec. 9, p. 72.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-911 - RETAIL SALES OF POTATOES.

22-911. RETAIL SALES OF POTATOES. (a) It shall be unlawful within the state of Idaho to offer for sale or sell to any retail dealer for the purpose of resale to the consumer, or to offer for sale or sell to the consumer in any retail store or market in this state, any potato which has not been graded or which does not meet the grading standards of chapter 9, title 22, Idaho Code.
(b) All potatoes sold to the consumer by retail stores or markets in this state shall be graded and marked in accordance with the standards set forth in this chapter. Provided, however, that nothing in this act shall be construed as to prohibit the sale of bulk potatoes to the consumer in retail stores or markets if such potatoes are clearly identified to the consumer as to grade and state of origin.
(c) The director of the department of agriculture may cause to be made, by qualified inspectors appointed for that purpose, inspections of all potatoes offered for sale in all retail stores or markets, and at all wholesale distributors or potato dealers selling or offering potatoes for sale to retail outlets. Such inspections shall be for the purpose of ensuring that potatoes offered for sale are properly identified as to grade and are within the standards set forth in chapter 9, title 22, Idaho Code. Such inspectors shall order the removal or regrading and remarking of any potatoes which are misbranded or mismarked or which no longer meet the required standards of grade.
(d) The director shall adopt rules and regulations necessary to enforce the provisions of this section, and may regulate the handling, transportation, storage and display of all potatoes offered for sale to the consumers in this state so as to enhance the quality thereof.
History:
[I.C., sec. 22-911, as added by 1972, ch. 233, sec. 1, p. 614; am. 1974, ch. 18, sec. 14, p. 364.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-912 - PENALTY FOR VIOLATIONS.

22-912. PENALTY FOR VIOLATIONS. Any person violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500 or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
History:
[22-912, added 1941, ch. 32, sec. 12, p. 72.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-913 - REMEDY BY INJUNCTION.

22-913. REMEDY BY INJUNCTION. In addition to the remedy prescribed in the foregoing section for the violation of the provisions of this act, any person, firm or corporation violating, or threatening to violate, any of the provisions of this act may be enjoined from violating the same; such injunction proceedings may be instituted by the director of the department of agriculture as plaintiff, and the attorney general or prosecuting attorney of the county where the violation or threatened violation of this act has occurred, on demand of the director, shall represent the director in such proceedings. In any such proceedings no bond shall be required of the plaintiff.
History:
[22-913, added 1941, ch. 32, sec. 13, p. 72; am. 1974, ch. 18, sec. 15, p. 364.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 9 - POTATOES — GRADING AND PACKING › Section 22-914 - SEPARABILITY.

22-914. SEPARABILITY. If any part of this act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this act. The legislature hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be declared unconstitutional.
History:
[22-914, added 1941, ch. 32, sec. 15, p. 72.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 11 - ORGANIC FOOD PRODUCTS › Section 22-1101 - LEGISLATIVE INTENT.

22-1101. LEGISLATIVE INTENT. The legislature recognizes a public benefit and provides consumer protection in establishing standards for food products marketed and labeled using the term "organic", or a derivative of the term "organic." These standards will also facilitate the development of out-of-state markets for Idaho food grown by organic methods.
History:
[22-1101, added 1990, ch. 145, sec. 1, p. 325.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 11 - ORGANIC FOOD PRODUCTS › Section 22-1102 - DEFINITIONS.

22-1102. DEFINITIONS. In this chapter:
(1) "Director" means the director of the department of agriculture or the director’s designee.
(2) "Food products" shall include all agricultural, horticultural, viticultural and vegetable products of the soil, apiary and apiary products, poultry and poultry products, livestock and livestock products, milk and dairy products and aquaculture products.
(3) "Handler" means any person engaged in the business of handling agricultural products, including producers who handle crops or livestock of their own production, except such term shall not include final retailers of agricultural products that do not process agricultural products.
(4) "Livestock" means any cattle, sheep, goat, swine, poultry, or equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; wild or domesticated game; or other nonplant life, except such term shall not include aquatic animals or bees for the production of food, fiber, feed, or other agricultural-based consumer products.
(5) "Organic certification seal" means the design approved by the director and which when imprinted or affixed on labels, packages or products, or used in advertising in any manner, shall signify that the standards and rules developed in accordance with the provisions of this chapter and all other conditions of the provisions of this chapter have been met.
(6) "Organic food product" means any food product that is marketed using the term organic, or any derivative of the term organic in its labeling or advertising. Organic foods are those processed, packaged, transported and stored to retain maximum nutritional value, without the use of artificial preservatives, coloring or other additives, irradiation, or synthetic pesticides.
(7) "Organically grown food products" means food products which are produced without the use of synthetically compounded fertilizers, pesticides, or growth regulators for a period not less than thirty-six (36) months prior to harvest. Organically grown food products are produced under the standards and rules established in accordance with the provisions of this chapter and by other qualified agencies.
(8) "Person" means an individual, partnership, corporation, association, cooperative, or other entity.
(9) "Producer" means a person who engages in the business of growing or producing food, fiber, feed, and other agricultural-based consumer products.
(10) "Vendor" means any person who sells organic food products to the consumer or another vendor.
History:
[22-1102, added 1990, ch. 145, sec. 1, p. 325; am. 1992, ch. 314, sec. 1, p. 936; am. 1994, ch. 99, secs. 2 & 3, p. 224 and 225; am. 1999, ch. 136, secs. 1 & 2, p. 383 and 384; am. 2001, ch. 75, sec. 2, p. 181; am. 2007, ch. 53, sec. 1, p. 124.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 11 - ORGANIC FOOD PRODUCTS › Section 22-1103 - ADMINISTRATION AND ENFORCEMENT — RULES — ANNUAL LIST DISTRIBUTION.

22-1103. ADMINISTRATION AND ENFORCEMENT — RULES — ANNUAL LIST DISTRIBUTION. (1) The administration and enforcement of the provisions of this chapter shall be under the director. The director is authorized, in conformance with chapter 52, title 67, Idaho Code, to promulgate rules concerning, but not limited to:
(a) Standards for agricultural crops and livestock produced for sale as organically grown food products.
(b) Records required of organically grown food products producers.
(c) The number of on-site inspections, announced and unannounced.
(d) Chemical residue analysis of organically grown food products and fees for conducting such analysis.
(e) Certification of private laboratories to conduct chemical residue analyses.
(f) Standards that a producer must meet to be recognized as a producer under the provisions of this chapter.
(g) Development and distribution of the organic certification seal and standards for its application for use on Idaho organically grown food products.
(h) Development and implementation of labeling standards.
(i) Rules establishing organic standards for poultry and poultry products, livestock and livestock products, milk and dairy products or aquaculture products, which will be promulgated in consultation with the appropriate agricultural or commodity organizations as determined by the director. No pending or temporary rule adopted by the department shall become final and effective before the conclusion of the regular or special legislative session at which the rule was submitted for review pursuant to sections 67-5224 and 67-5291, Idaho Code.
(j) Standards for health care and medical treatment for livestock qualifying as organically grown food products and for the prevention and control of infections or communicable diseases among such livestock.
(k) Standards for prohibitions against denial of health care for or medical treatment of livestock in order to obtain or retain organic certification.
(2) An annual list of all certified organic producers, handlers and vendors shall be distributed to state regulatory authorities, and to other persons upon request.
History:
[22-1103, added 1990, ch. 145, sec. 1, p. 326; am. 1992, ch. 314, sec. 2, p. 936; am. 1999, ch. 136, secs. 3 & 4, p. 385 and 386; am. 2000, ch. 190, secs. 1 & 2, p. 470 and 471; am. 2001, ch. 75, sec. 3, p. 182; am. 2011, ch. 50, sec. 1, p. 114.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 11 - ORGANIC FOOD PRODUCTS › Section 22-1104 - VIOLATION OF RULES — CIVIL PENALTY.

22-1104. VIOLATION OF RULES — CIVIL PENALTY. Any person violating a rule promulgated by the director to implement provisions of this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the department is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under this section may, within twenty-eight (28) days of the final agency action making the assessment, seek judicial review of the assessment in accordance with the provisions of chapter 52, title 67, Idaho Code.
Moneys collected for violation of a rule or regulation shall be deposited in the state treasury and credited to the organic food products administration account of the department.
History:
[22-1104, added 1990, ch. 145, sec. 1, p. 326; am. 1993, ch. 216, sec. 2, p. 589; am. 2002, ch. 88, sec. 1, p. 209.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 11 - ORGANIC FOOD PRODUCTS › Section 22-1105 - PROHIBITED REPRESENTATIONS.

22-1105. PROHIBITED REPRESENTATIONS. A producer, vendor or handler shall not sell or resell or offer for sale or resale any food product with the representation that the product is an organically grown food product if the producer, vendor or handler knows, or has reason to know, that the food product has not been grown, raised or produced as an organically grown food product as defined in this chapter. Violations of this section shall be punishable as provided in section 22-1104, Idaho Code.
History:
[22-1105, added 1990, ch. 145, sec. 1, p. 327; am. 2001, ch. 75, sec. 4, p. 183.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 11 - ORGANIC FOOD PRODUCTS › Section 22-1106 - FEES — ORGANIC FOOD PRODUCTS ADMINISTRATION ACCOUNT.

22-1106. FEES — ORGANIC FOOD PRODUCTS ADMINISTRATION ACCOUNT. The director may adopt rules establishing a fee schedule that will provide for the recovery of the full cost of the certification program. Fees collected pursuant to this section shall be deposited in the organic food products administration account which is hereby created in the dedicated fund of the state treasury. Moneys in the account shall be used solely for carrying out the provisions of this chapter and may be expended only pursuant to appropriation. The director may employ as many personnel as are necessary to carry out the provisions of this chapter.
History:
[22-1106, added 1990, ch. 145, sec. 1, p. 327; am. 2001, ch. 75, sec. 5, p. 183.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 11 - ORGANIC FOOD PRODUCTS › Section 22-1107 - ORGANIC FOOD ADVISORY COUNCIL.

22-1107. ORGANIC FOOD ADVISORY COUNCIL. (1) There is hereby created in the department of agriculture, the organic food advisory council which shall consist of seven (7) members who shall be appointed by the director. Organizations representing Idaho’s organic food products industry shall nominate to the director one (1) member and one (1) alternate for each vacancy on the advisory council to represent the following categories of organic food products:
(a) Cereals, grains and legumes;
(b) Dairy and livestock;
(c) Forage and feed;
(d) Herbs; and
(e) Vegetables and row crops.
At least one (1) member shall be a purchaser, vendor or consumer of organic food products, and one (1) member shall represent conventional agriculture. Three (3) members of the council shall be originally appointed for a term of two (2) years and four (4) members of the council shall be appointed for a term of three (3) years. Thereafter all terms shall be for a period of three (3) years. If a vacancy occurs, the director may appoint a replacement for the remainder of the term.
(2) The organic food advisory council shall advise the director on matters relating to administration of the provisions of this chapter. A majority of the members of the council shall represent a quorum. The council shall meet at the call of the chairman or the director.
(3) Members of the council shall be compensated as provided in section 59-509(b), Idaho Code.
History:
[22-1107, added 1990, ch. 145, sec. 1, p. 327; am. 2001, ch. 75, sec. 6, p. 183; am. 2002, ch. 88, sec. 2, p. 210.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 11 - ORGANIC FOOD PRODUCTS › Section 22-1108 - APPEAL PROCESS.

22-1108. APPEAL PROCESS. Any person aggrieved by an agency action in the administration and enforcement of this chapter or rules promulgated pursuant thereto may, within sixty (60) days after the action is taken, petition the director for a hearing to determine the matter as provided for in relation to contested cases pursuant to chapter 52, title 67, Idaho Code.
History:
[22-1108, added 1994, ch. 99, sec. 1, p. 224.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1201 - LEGISLATIVE INTENT.

22-1201. LEGISLATIVE INTENT. It is in the best interest of all the people of the state of Idaho that the abundant natural resources of Idaho be protected, fully developed, and uniformly distributed. The potato industry is one of the agricultural industries that contributes to the economic welfare of the state. It is the purpose of this chapter to promote the public health and welfare of the citizens of the state by providing means for the protection, promotion, study, research, analysis and development of markets relating to the growing and promotion of Idaho potato products and byproducts.
History:
[22-1201, added 2004, ch. 188, sec. 2, p. 583.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1203 - EXECUTIVE OFFICE.

22-1203. EXECUTIVE OFFICE. The executive office of said commission is hereby established in Ada county.
History:
[22-1203, added 1939, ch. 172, sec. 3, p. 312; am. 2001, ch. 183, sec. 1, p. 615.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1204 - DEFINITIONS.

22-1204. DEFINITIONS. As used in this act:
1. The term "commission" means the Idaho potato commission.
2. The term "person" means individual, partnership, corporation, association, grower and/or any other business unit.
3. The term "potatoes" means and includes only potatoes sold or intended for human consumption and grown in the state of Idaho.
4. "Shipment" of potatoes shall be deemed to take place when the potatoes are loaded within the state of Idaho, in a car, bulk, truck or other conveyance in which the potatoes are to be transported for sale or otherwise.
5. The term "dealer" means and includes any person engaged in the business of buying, receiving, processing, or selling potatoes for profit or remuneration.
6. The term "shipper" means and includes one who is properly licensed under federal and state laws, actively engaged in the packing and shipping of potatoes in the primary channel of trade in interstate commerce in the state of Idaho, who does not provide the primary management to a growing or processing operation, and who ships more than he produces.
7. The term "grower" means one who is actively engaged in the growing of potatoes on five (5) or more acres in the state of Idaho, and who does not provide the primary management to a shipping or processing operation.
8. Potatoes shall be deemed to be delivered into the primary channel of trade when any such potatoes are sold or delivered for shipment, or delivered for canning and/or processing into by-products.
9. The term "hundredweight" means each one hundred (100) pound unit or combination of packages making a one hundred (100) pound unit of any shipment of potatoes based on invoice and/or bill of lading records.
10. The term "processor" means a person who is actively engaged in the processing of potatoes in the state of Idaho for human consumption.
11. The term "processing" means changing the form of potatoes from the raw or natural state into a product for human consumption.
12. The term "handler" means and includes any person processing potatoes or handling them in the primary channel of trade.
13. The term "tax" means an assessment levied on potatoes covered by this act for the sole purpose of financing, on behalf of the potato industry in Idaho, the commission’s activities in carrying out the purposes of this act.
Notwithstanding any other provision of law to the contrary, the commission shall not be authorized to promulgate rules relating to the amendments to the definitions of the terms "shipper," "grower," and "processor" as provided for in this act for a period of one (1) year from the effective date of this act.
History:
[22-1204, added 1939, ch. 172, sec. 4, p. 312; am. 1957, ch. 274, sec. 2, p. 632; am. 1961, ch. 316, sec. 2, p. 603; am. 1969, ch. 213, sec. 3, p. 614; am. 1973, ch. 121, sec. 1, p. 229; am. 2019, ch. 201, sec. 1, p. 619.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1205 - ADMINISTRATION AND ENFORCEMENT OF ACT.

22-1205. ADMINISTRATION AND ENFORCEMENT OF ACT. The administration of this act shall be vested in the Idaho potato commission which shall have power to prescribe and enforce suitable and reasonable rules for the enforcement of the provisions thereof, and shall administer the taxes levied and imposed by this act. Said commission shall have power to cause its duly authorized agent or representative to enter upon the premises of any grower, dealer and/or handler of potatoes, and to examine or cause to be examined by any such agent or representative any of the following items: any books, papers, records, ledgers, purchase journals, sales journals, electronically and/or magnetically recorded data, computers and computer records or memoranda bearing on the amount of taxes payable or the correct usage of any Idaho trade or certification mark, and to secure all other information directly or indirectly concerned in the enforcement of this act.
History:
[22-1205, added 1939, ch. 172, sec. 5, p. 312; am. 1957, ch. 274, sec. 3, p. 632; am. 1969, ch. 213, sec. 4, p. 614; am. 1998, ch. 25, sec. 1, p. 140.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1206 - PENALTY FOR TAX DEFAULTS.

22-1206. PENALTY FOR TAX DEFAULTS. Any handler, dealer or grower who fails to make collection or file return or to pay any tax within the time required by or pursuant to this act shall thereby forfeit to the state a penalty of ten per cent (10%) of the amount of tax determined to be due, as provided in this act, plus one and one-half percent (1 1/2%) of such amount of tax determined to be due 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 Idaho potato commission and disposed of as provided with respect to moneys derived from the taxes levied and imposed by this act.
History:
[22-1206, added 1939, ch. 172, sec. 6, p. 312; am. 1973, ch. 121, sec. 2, p. 229; am. 1985, ch. 109, sec. 2, p. 213.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1208 - COMMODITY FACTS AND BENEFITS — PROMOTION.

22-1208. COMMODITY FACTS AND BENEFITS — PROMOTION. The commission is authorized and directed to disseminate information:
(a) Relating to potatoes and the importance thereof in preserving the public health, the economy thereof in the diet of the people and the importance thereof in the nutrition of children;
(b) Relating to the manner, method and means used and employed in the production, transportation, promotion and grading of potatoes and to laws of the state regulating and safeguarding such production, transportation, promotion and grading;
(c) Relating to the added cost to the producer and dealer in producing and handling potatoes to meet the high standards imposed by the state that insure a pure and wholesome product;
(d) Relating to the effect upon the public health which would result from a breakdown of the Idaho potato industry;
(e) Relating to the reasons why producers and dealers should receive a reasonable return on their labor and investment;
(f) Relating to the problem of furnishing the consumer at all times with an abundant supply of fine quality potatoes at reasonable prices;
(g) Relating to factors of instability peculiar to the vegetable industry in general, and the potato 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;
(h) Relating to the possibilities of increased consumption of Idaho potatoes;
(i) Relating to such other, further and additional information as shall tend to promote increased consumption of Idaho potatoes, as may foster a better understanding and more efficient cooperation between producers, dealers and the consuming public;
(j) Relating to branding, labeling, stenciling, sealing or packaging to promote and use Idaho potatoes and to protect their identity as far as possible to the final consumer.
History:
[22-1208, added 1939, ch. 172, sec. 8, p. 312; am. 1969, ch. 213, sec. 6, p. 614; am. 2004, ch. 188, sec. 4, p. 585.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1209 - DEPOSIT AND DISBURSEMENT OF FUNDS.

22-1209. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 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 annually by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
History:
[22-1209, added 1988, ch. 52, sec. 2, p. 77; am. 1993, ch. 327, sec. 6, p. 1199; am. 1994, ch. 180, sec. 16, p. 432; am. 1996, ch. 159, sec. 7, p. 512; am. 2003, ch. 32, sec. 4, p. 119.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1210 - LIMIT ON STATE LIABILITY — COMPENSATION AND EXPENSES.

22-1210. LIMIT ON STATE LIABILITY — COMPENSATION AND EXPENSES. All contractual expenses incurred by the commission in performing its duties and exercising its powers shall be without liability on the part of the state. All tort obligations arising out of acts and omissions of the commission are binding on the state of Idaho as, and to the extent provided for, in chapter 9, title 6, Idaho Code.
No member of the commission shall receive any compensation for his services as such member, except as provided in section 22-1202, Idaho Code, but members and employees of the commission and other persons acting under the direction of the commission shall, if approved by the commission, be reimbursed for their actual and reasonable expenses incurred in performing their duties under this chapter.
History:
[22-1210, added by 1973, ch. 121, sec. 4, p. 229; am. 1988, ch. 52, sec. 3, p. 78; am. 1999, ch. 64, sec. 2, p. 168; am. 2000, ch. 12, sec. 1, p. 26.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1211 - TAX LEVY.

22-1211. TAX LEVY. There is hereby levied and imposed a tax of four cents (4¢) per hundredweight on potatoes covered by this chapter, which tax shall be due on or before the time when such potatoes are first handled in the primary channels of trade and shall be paid at such time or times as the commission may by rule prescribe, but not later than the fifteenth day of the month next succeeding the month in which such potatoes were handled in the primary channels of trade. The commission is authorized to make appropriate rules to implement the collection of the taxes imposed by this chapter.
In addition to the four cent (4¢) tax hereinabove provided for, there is hereby levied and imposed an additional tax of eleven cents (11¢) per hundredweight on potatoes covered by this chapter; provided however, said additional tax of eleven cents (11¢), or any portion thereof, shall only be due and collectible upon a determination by at least two-thirds (2/3) of the commission members that the anticipated expenditures for the next fiscal year following the year in which the determination is made will exceed the anticipated tax revenues to be collected from the said four cent (4¢) tax. Upon such a determination, the commission shall collect the additional eleven cent (11¢) tax or such portion thereof as is required by such determination, which shall be collected with, and as, other taxes imposed by this chapter.
The person first selling or otherwise delivering potatoes into primary channels of trade shall be responsible for and make payment of all taxes imposed by this chapter. If such person is the dealer or shipper handling potatoes grown by another, he may charge against and recover from the grower of such potatoes or the person from whom he acquired them sixty percent (60%) of the tax.
History:
[22-1211, added 1939, ch. 172, sec. 11, p. 312; am. 1947, ch. 24, sec. 2, p. 23; am. 1955, ch. 156, sec. 2, p. 304; am. 1967, ch. 297, sec. 2, p. 847; am. 1969, ch. 213, sec. 9, p. 614; am. 1972, ch. 399, sec. 2, p. 1160; am. 1974, ch. 114, sec. 1, p. 1281; am. 1981, ch. 310, sec. 2, p. 652; am. 1985, ch. 109, sec. 4, p. 215; am. 1987, ch. 128, sec. 1, p. 259; am. 2007, ch. 57, sec. 1, p. 140.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1211A - REFERENDUM OF CONTINUANCE OF ADDITIONAL TAX.

22-1211A. REFERENDUM OF CONTINUANCE OF ADDITIONAL TAX. As soon as possible after July 1, 1972, the commissioner of agriculture shall conduct a referendum among all eligible growers to determine whether or not the additional tax of one cent (1¢) shall be continued. An eligible grower for the purpose of the referendum shall be any grower engaged in the growing of five (5) or more acres of potatoes.
All provisions relating to the referendum shall be prescribed by and supervised by the commissioner of agriculture.
The commission shall pay the costs of the referendum.
The results of the referendum shall be declared by the commissioner of agriculture, and the results recorded in the office of the secretary of state.
If a majority of the eligible growers voting, who grow a majority of the hundredweight of potatoes grown by those voting in the referendum, or if two-thirds (2/3) of the eligible growers voting in the referendum, are in favor of continuance of the additional tax of one cent (1¢), the additional tax of one cent (1¢) shall be continued, but if the results of the referendum do not show the required majority or majorities, the additional tax of one cent (1¢) shall be discontinued immediately upon declaration of the results of the referendum by the commissioner of agriculture. If the additional tax of one cent (1¢) is discontinued, the tax of two and one-fourth cents (2 1/4¢) shall continue in full force and effect.
History:
[I.C., sec. 22-1211A, as added by 1972, ch. 399, sec. 3, p. 1160.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1212 - DEALERS’ RECORDS — TAX RETURNS.

22-1212. DEALERS’ RECORDS — TAX RETURNS. Every dealer, or handler shall keep a complete and accurate record of all potatoes handled by him in the primary channel of trade, such record shall be in such form as the commission shall by regulation or rule prescribe. Such records shall be preserved by such dealer or handler for a period of two (2) years and shall be open to inspection at any time upon written or oral request or demand by the commission or its duly authorized agent or employee. Every dealer or handler shall at such times as the commission may by rule or regulation require file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of potatoes handled by such dealer or handler in the primary channel of trade during the period or periods of time prescribed by the commission. Such returns shall contain such further information as the commission may require.
History:
[22-1212, added 1939, ch. 172, sec. 12, p. 312; am. 1969, ch. 213, sec. 10, p. 614.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1213 - PENALTY FOR VIOLATIONS.

22-1213. PENALTY FOR VIOLATIONS. (1) Any person who shall violate or aid in the violation of any of the provisions of this chapter, any rules promulgated pursuant thereto, or the terms of any licensing agreement may be assessed a civil penalty by the commission or its duly authorized agent of not more than one thousand dollars ($1,000) for each offense and a civil penalty of not more than one thousand dollars ($1,000) for each day of continuing violation of such statute or rule or licensing agreement and shall be liable for investigatory costs and attorney’s fees reasonably incurred by the commission in connection with the violation.
(2) For purposes of this section, each container of potatoes in violation of this chapter, rules or any licensing agreement, shall constitute a separate violation for each day the container is in violation thereof.
(3) Procedure. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to chapter 52, title 67, Idaho Code. If the commission or its agent is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commission or its agent, it may enforce its penalty by action in the appropriate district court. Any person against whom the commission or its agent has assessed a civil penalty pursuant to this section may, within twenty-eight (28) days of the final agency action making the assessment, appeal the assessment in accordance with chapter 52, title 67, Idaho Code. All penalties collected pursuant to this section shall be paid into the general fund of the Idaho potato commission. Nothing contained in this section shall be deemed to preclude the commission from pursuing any other civil or criminal remedies available to it as provided by law.
History:
[22-1213, added 1939, ch. 172, sec. 14, p. 312; am. 1991, ch. 40, sec. 1, p. 79; am. 1993, ch. 216, sec. 3, p. 590; am. 1994, ch. 48, sec. 2, p. 79; am. 2004, ch. 188, sec. 5, p. 586.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1214 - LIBERAL CONSTRUCTION — SEPARABILITY.

22-1214. LIBERAL CONSTRUCTION — SEPARABILITY. This act shall be liberally construed, and if any part or portion thereof be declared invalid, or the application thereof to any person, circumstance or thing is declared invalid, the validity of the remainder of this act and/or the applicability thereof to any person, circumstance or thing shall not be affected thereby, and it is the intention of the legislature to preserve any and all parts of said act if possible.
History:
[22-1214, added 1939, ch. 172, sec. 15, p. 312.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 12 - POTATO COMMISSION › Section 22-1215 - ACCESS TO RECORDS.

22-1215. ACCESS TO RECORDS. All papers, records, correspondence, communications and proceedings of the Idaho potato commission shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
History:
[22-1215, added 1985, ch. 210, sec. 1, p. 519; am. 1990, ch. 213, sec. 17, p. 501; am. 2015, ch. 141, sec. 30, p. 408.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 15 - SEED AND PLANT CERTIFICATION › Section 22-1501 - CERTIFICATION OF SEEDS AND PLANTS — REGULATION OF CERTIFICATION TO BE IN PUBLIC INTEREST.

22-1501. CERTIFICATION OF SEEDS AND PLANTS — REGULATION OF CERTIFICATION TO BE IN PUBLIC INTEREST. Certification of varieties or strains of seeds, tubers, plants and plant parts raised in the state of Idaho and offered or intended to be offered for sale is in the public interest and a proper subject of regulation by the state of Idaho.
History:
[(22-1501) 22-1101, added 1990, ch. 413, sec. 2, p. 1144; am. and redesig. 2005, ch. 25, sec. 16, p. 92.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 15 - SEED AND PLANT CERTIFICATION › Section 22-1502 - COMPLIANCE REQUIRED WHERE CERTAIN PHRASES USED.

22-1502. COMPLIANCE REQUIRED WHERE CERTAIN PHRASES USED. Every person, firm, association or corporation who shall issue, use or circulate any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, written or printed representation or description of or pertaining to lots of seeds, tubers, plants or plant parts intended for propagation or sale, or sold or offered for sale wherein the words "Idaho State Certified," "State Certified," "Idaho Certified," or similar words or phrases are used or employed, or wherein are used or employed signs, symbols, maps, diagrams, picture words or phrases expressly or impliedly stating or representing that such seed, tubers, plants or plant parts comply with or conform to the standards and requirements approved by the Idaho agricultural experiment station in the college of agriculture of the university of Idaho shall be subject to the provisions of this chapter.
History:
[(22-1502) 22-1102, added 1990, ch. 413, sec. 2, p. 1144; am. and redesig. 2005, ch. 27, sec. 17, p. 92; am. 2020, ch. 80, sec. 1, p. 170.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 15 - SEED AND PLANT CERTIFICATION › Section 22-1503 - DEFINITIONS.

22-1503. DEFINITIONS. (1) "Breeder seed" means seed or vegetative propagating material directly controlled by the originating, or in certain cases the sponsoring, plant breeder or institution and which provides the source for the initial increase of foundation seed.
(2) "Certified" means the written assurance, in certificate form, of the college of agriculture of the university of Idaho, or of its agent designated hereunder, that the particular seeds, tubers, plants or plant parts have the necessary genetic purity of strain and/or other characteristics to meet the standards and requirements approved hereunder. Certification by the certifying agent or college of agriculture of the university of Idaho, or its agent, or state of Idaho does not constitute any warranty that the certified seeds, tubers, plants or plant parts will be free from disease or contamination.
(3) "Foundation seed" means the progeny of breeder seed stocks that are so handled as to maintain specific genetic identity and purity, and that are designated or distributed by the Idaho agricultural experiment station or private companies.
(4) "Genetic purity" means that the lot of seeds, tubers, plants or plant parts are homogeneous for inheritable characteristics as stated in the official description of the variety or strain represented.
(5) "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling.
(6) "Plant" or "tubers" or "plants" or "plant parts" means any variety or strain of plant or part thereof that may be eligible for certification, as hereinafter provided.
(7) "Seed" or "seeds" means the seed of any variety or strain of plant, including tubers that may be eligible for certification, as hereinafter provided.
(8) "Variety or strain" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics by which it can be differentiated from other plants of the same kind.
History:
[(22-1503) 1990, ch. 413, sec. 2, p. 1145; am. and redesig. 1993, ch. 69, sec. 1, p. 182; am. 2020, ch. 80, sec. 2, p. 170.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 15 - SEED AND PLANT CERTIFICATION › Section 22-1504 - ADMINISTRATION OF THE CHAPTER.

22-1504. ADMINISTRATION OF THE CHAPTER. The regents of the university of Idaho through the Idaho agricultural experiment station in the college of agriculture of the university of Idaho, or the agent of the university of Idaho, an entity or servant of the state, appointed in writing, as hereinafter provided, is hereby authorized to administer the provisions of this chapter to establish, alter, amend and repeal reasonable standards and requirements as to what shall constitute certified seeds, tubers, plants, and plant parts under the terms of this chapter. Such reasonable standards and requirements shall also comprehend and fix the standards necessary to qualify seeds, tubers, plants, and plant parts for certification hereunder and the procedures for certification by the said college of agriculture or the said agent thereof. All varieties or strains of seed, tubers, plants, and plant parts eligible for certification in the state of Idaho shall be approved by the director of the Idaho agricultural experiment station. Any agent designated hereunder shall be a servant of the state of Idaho and shall be acting in an official capacity for the state of Idaho and under the supervision of the college of agriculture of the university of Idaho and the director of the Idaho experiment station consistent with this chapter.
History:
[(22-1504) 1990, ch. 413, sec. 2, p. 1145; am. and redesig. 1993, ch. 69, sec. 2, p. 183; am. 2020, ch. 80, sec. 3, p. 171.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 15 - SEED AND PLANT CERTIFICATION › Section 22-1505 - STANDARDS AND REQUIREMENTS.

22-1505. STANDARDS AND REQUIREMENTS. (1) Every person, firm, association, or corporation that intends to offer for sale, offers or sells seeds, tubers, plants, or plant parts as certified shall comply with the provisions of this chapter and such standards and requirements as are approved by the Idaho agricultural experiment station in the college of agriculture of the university of Idaho as provided herein, such standards and requirements to contain, among other things, a designation of the crops grown or to be grown in Idaho eligible for certification with standards, requirements, and procedures necessary for certification with designation of the agency authorized to provide certification.
(2) Upon the passage of this chapter, the Idaho agricultural experiment station in the college of agriculture of the university of Idaho shall prepare and issue such standards, requirements, and procedures as are required by this chapter. Such standards and requirements shall be made publicly available for review and public comment for a period of no less than thirty (30) days prior to their establishment. At the close of the public comment period, the standards and requirements shall be filed with the college of agriculture of the university of Idaho and shall become effective thirty (30) days from the date they are filed with the college of agriculture of the university of Idaho.
History:
[(22-1505) 22-1105, added 1990, ch. 413, sec. 2, p. 1145; am. and redesig. 2005, ch. 25, sec. 18, p. 92; am. 2020, ch. 80, sec. 4, p. 171.]