reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 24 - NOXIOUS WEEDS › Section 22-2403 - ENFORCEMENT OF CHAPTER VESTED IN DIRECTOR — STATE DUTIES.

22-2403. ENFORCEMENT OF CHAPTER VESTED IN DIRECTOR — STATE DUTIES. (1) The duty of enforcing this chapter and carrying out its provisions is vested in the director.
(2) The director shall:
(a) Determine what weeds are noxious for the purposes of this chapter; and
(b) Compile and keep current a list of such noxious weeds or group of noxious weeds, which list shall be published and incorporated in the rules of the director; and
(c) Make and publish such rules as in the director’s judgment are necessary to carry out the provisions of this chapter; and
(d) Employ a statewide weed coordinator to carry out the director’s duties and responsibilities; and
(e) Publish a list of items capable of disseminating noxious weeds, and designate treatment of such articles as in the director’s opinion would prevent such dissemination; and
(f) Consult and coordinate with other weed management agencies and authorities in the designation and development of cooperative weed management areas and development and implementation of integrated weed management plans; and
(g) Assist all landowners, managers and lessees in the state of Idaho, including, but not limited to, all state natural resource management agencies, state water resource management entities, as well as public and private land management firms and private landowners, in coping with the growth of noxious weeds, including noxious aquatic weeds.
History:
[(22-2403) 1970, ch. 149, sec. 4, p. 448; am. 1974, ch. 18, sec. 63, p. 364; am. 1976, ch. 51, sec. 5, p. 171; am. 1981, ch. 309, sec. 5, p. 637; am. 1985, ch. 66, sec. 1, p. 137; am. 1987, ch. 331, sec. 4, p. 693; am. and redesignated 1989, ch. 298, sec. 4, p. 734; am. and redesig. 1993, ch. 247, sec. 3, p. 861; am. 1999, ch. 75, sec. 2, p. 214; am. 2006, ch. 225, sec. 2, p. 671.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 24 - NOXIOUS WEEDS › Section 22-2407 - LANDOWNER AND CITIZEN DUTIES.

22-2407. LANDOWNER AND CITIZEN DUTIES. (1) It shall be the duty and responsibility of all landowners to control noxious weeds on their land and property, in accordance with this chapter and with rules promulgated by the director.
(2) The cost of controlling noxious weeds shall be the obligation of the landowner.
(3) Noxious weed control must be for prevention, eradication, rehabilitation, control or containment efforts. However, areas may be modified from the eradication requirement if the landowner is a participant in a county-approved weed management plan or county-approved cooperative weed management area.
(4) The landowner shall reimburse the county control authority for work done because of failure to comply with a five (5) day notice, as outlined in section 22-2405, Idaho Code.
(5) If an article is infested with noxious weeds, it shall not be moved from designated premises until it is treated in accordance with the applicable rules, or in accordance with the written permission of a control authority.
History:
[(22-2407) 1970, ch. 149, sec. 2, p. 448; am. 1974, ch. 18, sec. 62, p. 364; am. 1981, ch. 309, sec. 3, p. 635; am. 1987, ch. 331, sec. 2, p. 691; am. and redesignated 1989, ch. 298, sec. 2, p. 731; am. and redesig. 1993, ch. 247, sec. 10, p. 867; am. 2006, ch. 225, sec. 5, p. 675.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 24 - NOXIOUS WEEDS › Section 22-2408 - LANDOWNER AND CITIZEN POWERS.

22-2408. LANDOWNER AND CITIZEN POWERS. (1) If any person shall be dissatisfied with the amount of any charge made against it by a county control authority for control work or for the purchase of materials or use of equipment, he may, within thirty (30) days after being advised of the amount of the charge, file a protest with the director.
(2) If any person shall be dissatisfied with the control measures used or the manner in which control is conducted upon his property, he may, within thirty (30) days file a protest with the director.
(3) Any person served with an individual notice may, within two (2) days of receipt of the notice, appeal to the board of county commissioners. A hearing shall be set by the board of county commissioners within five (5) days after receipt of notice of the appeal. Notice of the hearing shall be sent by the board of county commissioners to the appellant.
(4) Other than the procedures specifically set out in this chapter, procedures for hearings thereon and appeals pertaining to this chapter shall be as provided in chapter 52, title 67, Idaho Code.
History:
[(22-2408) 1970, ch. 149, sec. 13, p. 448; am. 1974, ch. 18, sec. 67, p. 364; am. 1981, ch. 309, sec. 13, p. 647; am. 1987, ch. 331, sec. 12, p. 702; am. and redesignated 1989, ch. 298, sec. 12, p. 743; am. and redesig. 1993, ch. 247, sec. 11, p. 868.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 24 - NOXIOUS WEEDS › Section 22-2409 - PENALTIES FOR VIOLATIONS.

22-2409. PENALTIES FOR VIOLATIONS. (1) Any person who violates any provision of this chapter, or any rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with the control authority as defined in section 22-2402, Idaho Code, its agents or employees, in the execution, or on account of the execution of their duties under this chapter or rules promulgated hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than three thousand dollars ($3,000) or be imprisoned in a county jail for not more than twelve (12) months or be subject to both such fine and imprisonment.
(2) Any person who violates or fails to comply with any provision of this chapter or any rules promulgated hereunder may be assessed a civil penalty by the control authority of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney’s fees.
(a) Assessment of a civil penalty may be made in conjunction with any other administrative action.
(b) No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act.
(c) If the control authority 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 control authority, it may recover such amount by action in the appropriate district court.
(d) Any person against whom the control authority has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the control authority making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the control authority to have occurred.
(e) All civil penalties collected pursuant to this section shall be remitted to the applicable fund or account as defined in section 22-2402, Idaho Code.
(3) Nothing in this chapter shall be construed as requiring the control authority to report minor violations for prosecution when the control authority believes that the public interest will be best served by suitable warnings or other administrative action.
(4) The control authority may bring an action to enforce the provisions of this chapter, and the penalty provided for under this section.
History:
[(22-2409) 1970, ch. 149, sec. 23, p. 448; am. 1974, ch. 18, sec. 68, p. 364; am. 1987, ch. 331, sec. 19, p. 704; am. and redesignated 1989, ch. 298, sec. 19, p. 746; am. and redesig. 1993, ch. 247, sec. 12, p. 868; am. 2006, ch. 225, sec. 6, p. 675.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 24 - NOXIOUS WEEDS › Section 22-2410 - WEED CONTROL ADVISORY COMMITTEES.

22-2410. WEED CONTROL ADVISORY COMMITTEES. (1) Control agencies or authorities may appoint persons to a weed control advisory committee, who shall be persons knowledgeable of noxious weeds and the damage done by such weeds. The members of the advisory committee shall be residents of or landowners in one (1) of the counties included in the cooperative weed management area, and shall be appointed for renewable terms of two (2) years.
(2) It shall be the function of each weed control advisory committee to:
(a) Assist in planning and carrying out noxious weed control programs within or across county, state or federal boundaries as may be provided by cooperative agreement among the participating parties for control of noxious weeds in cooperative weed management areas; and
(b) Act as liaison to other weed control advisory committees; and
(c) Provide a forum for public input on matters relating to the control of noxious weeds.
(3) Members of the advisory committee may be reimbursed for actual and necessary expenses when on committee business. Expense payments may be made from the noxious weed fund.
(4) Advisory committees have no executive powers and act in an advisory capacity only.
History:
[(22-2410) 1981, ch. 309, sec. 16, p. 649; am. 1987, ch. 331, sec. 15, p. 703;am. and redesignated 1989, ch. 298, sec. 15, p. 744; am. and redesig. 1993, ch. 247, sec. 13, p. 869; am. 1999, ch. 75, sec. 6, p. 219.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 24 - NOXIOUS WEEDS › Section 22-2411 - DELEGATION OF AUTHORITY.

22-2411. DELEGATION OF AUTHORITY. The director of the department of agriculture may delegate in writing its authority, or any part thereof, under this chapter to any instrumentality or entity as an agent and servant of the state whose principal purpose is to establish and maintain a uniform and reasonable system of inspection and certification of crops, plants, plant parts or products thereof. 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 director consistent with this chapter. The delegated instrumentality or entity as agent and servant of the state shall be an entity of the state of Idaho as provided in the tort claims act, chapter 9, title 6, Idaho Code. The control of noxious aquatic plants in the waters of state responsibility may be carried out under the general supervision of the department, county, local government, special district authority, or other public body.
History:
[22-2411, added 1999, ch. 117, sec. 1, p. 351; am. 2006, ch. 225, sec. 7, p. 676.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 24 - NOXIOUS WEEDS › Section 22-2412 - FEES CHARGED BY CERTIFYING AGENCY.

22-2412. FEES CHARGED BY CERTIFYING AGENCY. Fees may be charged by the certifying agency, under schedules set forth in rules of the department for certification of crops, plants, plant parts or products thereof under this chapter, but these fees shall have a reasonable relation to the cost, and may be used only for expenses in connection with inspection and certification and improvement of inspection and certification services.
History:
[22-2412, added 1999, ch. 117, sec. 1, p. 352.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 24 - NOXIOUS WEEDS › Section 22-2413 - LIABILITY OF DEPARTMENT LIMITED.

22-2413. LIABILITY OF DEPARTMENT LIMITED. The department shall not be financially responsible for debts incurred, damages inflicted, or contracts broken by the certifying agent in conducting certification work. The certifying agent shall be entitled to all the protections as provided in the tort claims act, chapter 9, title 6, Idaho Code.
History:
[22-2413, added 1999, ch. 117, sec. 1, p. 352.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2501 - PUBLIC POLICY.

22-2501. PUBLIC POLICY. The Idaho based bee industry has a need for inspections and certification in order to transport bees into other states for pollination; there is a further need to minimize the presence of bee pests and diseases within the state. Therefore, it is declared to be public policy of the state of Idaho to provide a qualified inspection service within the department of agriculture, to issue rules setting fees for such services and to take such action to control pests and diseases of bees as the resources provided under this chapter support.
History:
[(22-2501) 22-2517, added 1987, ch. 96, sec. 2, p. 188; am. and redesig. 2006, ch. 86, sec. 1, p. 251.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2502 - DEFINITIONS.

22-2502. DEFINITIONS. The following terms shall be construed respectively when used in this chapter to mean:
(1) "Apiary" means any place where one (1) or more colonies of bees are kept, or one (1) or more hives containing honey combs or bee combs are kept.
(2) "Bee diseases" means a condition of a colony of bees wherein sufficient numbers of individual bees or the colony as a whole are afflicted by or infested with bacterial, fungal, viral, parasitic, or other organisms to the extent that the well-being of the colony is affected. Specific diseases shall be determined by rule.
(3) "Bees" means any stage of common honey bee, Apis mellifera L.
(4) "Colony" means the hive and bees therein with or without extra supers.
(5) "Comb" means and includes all materials which are normally deposited into hives by bees. It does not include extracted honey or royal jelly, trapped pollen and processed beeswax.
(6) "Commercial beekeeper" means a person engaged in the management of honey bees for their products and for pollination services.
(7) "Director" means the director of the Idaho department of agriculture or his designated agent.
(8) "Equipment" means hives, supers, frames, veils, gloves or any apparatus, tools, machines or other devices used in the handling and manipulation of bees, wax and hives, and shall also include any containers for honey and wax which may be used in any apiary or in transporting bees and their products and apiary supplies.
(9) "Exotic strain of bees" means African or Africanized bees (Apis mellifera scutellata) or any other developed strain of bees known to be harmful, but not known to be present ordinarily in this state.
(10) "Hive" means frame, hive, box, barrel, log gum, skep, or any other receptacle or container, natural or artificial, or any part thereof, which may be used as a domicile for bees.
(11) "Hobbyist beekeeper" means a person engaged in the management of honey bees for pleasure and whose stock does not exceed fifty (50) colonies.
(12) "Persons" means individuals, associations, partnerships and corporations.
(13) "Queen apiary" means any apiary or premises in which queen bees are reared or kept for sale or gift.
History:
[(22-2502) 22-2518, added 1963, ch. 305, sec. 2, p. 795; am. 1987, ch. 96, sec. 3, p. 188; am. 1991, ch. 224, sec. 1, p. 534; am. 1993, ch. 11, sec. 1, p. 37; am. 1994, ch. 18, sec. 1, p. 33; am. and redesig. 2006, ch. 86, sec. 2, p. 252.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2503 - DIRECTOR TO CONDUCT APIARY INSPECTIONS — RULES SETTING FEES FOR REQUESTED INSPECTIONS AUTHORIZED.

22-2503. DIRECTOR TO CONDUCT APIARY INSPECTIONS — RULES SETTING FEES FOR REQUESTED INSPECTIONS AUTHORIZED. The director shall conduct such apiary inspections as may be required by Idaho beekeepers to transport bees to other jurisdictions. To ensure that the inspections are adequate, the director shall consult with the directors of the Idaho honey association or successor organizations, and with other persons knowledgeable in the science and art of beekeeping. The director shall establish by rule a schedule of fees for inspection work to be paid by the person requesting the inspection.
History:
[(22-2503) 22-2519, added 1987, ch. 96, sec. 5, p. 189; am. and redesig. 2006, ch. 86, sec. 3, p. 252.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2504 - DUTIES OF THE DIRECTOR IN CONTROLLING THE SPREAD OF DISEASE AND EXOTIC STRAIN OF BEES.

22-2504. DUTIES OF THE DIRECTOR IN CONTROLLING THE SPREAD OF DISEASE AND EXOTIC STRAIN OF BEES. When the director shall be notified of the existence in any apiary of a transmissible bee disease or exotic strain of bees, he shall conduct appropriate investigations to the extent that the resources provided by this chapter support. If the investigation establishes the presence of such transmissible disease or exotic strain of bees, the director may order abatement by methods which he shall prescribe. These methods may include destruction of the infested bees or exotic strain of bees and contaminated equipment. Infested colonies or other equipment may not be removed from the premises on which they are found without written permission of the director. The director may, by rule, establish tolerances of regulated bee diseases allowable in apiaries and establish a certification program for beekeepers in order to prevent and control the movement of exotic strains of bees into the state.
History:
[(22-2504) 22-2520, added 1987, ch. 96, sec. 6, p. 189; am. 1993, ch. 11, sec. 2, p. 38; am. 1994, ch. 18, sec. 2, p. 34; am. and redesig. 2006, ch. 86, sec. 4, p. 253.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2505 - DUTY OF OWNER OF DISEASED BEES — PENALTY.

22-2505. DUTY OF OWNER OF DISEASED BEES — PENALTY. Any owner or keeper of bees, knowing or being notified by the director of the existence of a bee disease in his apiary, who fails either to comply with the instructions of the director, designed to cure said disease, or to destroy the infected bees, hives or appliances, within the time designated by the director, is guilty of a misdemeanor.
History:
[(22-2505) 22-2523, added 1963, ch. 305, sec. 7, p. 795; am. 1987, ch. 96, sec. 8, p. 190; am. and redesig. 2006, ch. 86, sec. 6, p. 253.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2506 - RIGHT TO INSPECT — PENALTY FOR RESISTING.

22-2506. RIGHT TO INSPECT — PENALTY FOR RESISTING. The director shall have the right to enter the premises of any beekeeper where bees or equipment are kept, and inspect such bees or equipment, and any person resisting or refusing to allow such inspection shall be guilty of a misdemeanor.
History:
[(22-2506) 22-2524, added 1963, ch. 305, sec. 8, p. 795; am. 1987, ch. 96, sec. 9, p. 190; am. and redesig. 2006, ch. 86, sec. 7, p. 253.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2507 - CHAPTER CONSTRUED TO PERMIT TRANSPORTATION OF BEES — PERMIT.

22-2507. CHAPTER CONSTRUED TO PERMIT TRANSPORTATION OF BEES — PERMIT. This chapter shall not be construed to prevent the transportation across the Idaho state line of bees in hives, or bee supplies and equipment, between bee yards owned by, or under the control of a beekeeper registered pursuant to section 22-2510, Idaho Code. Bee colonies in transit through Idaho shall be netted while within the borders of Idaho and no such bees shall be off loaded in Idaho without full compliance of the laws.
History:
[(22-2507) 22-2529, added 1963, ch. 305, sec. 13, p. 795; am. 1987, ch. 96, sec. 13, p. 191; am. 1990, ch. 414, sec. 1, p. 1148; am. and redesig. 2006, ch. 86, sec. 10, p. 254.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2508 - PUBLICATION OF REGISTERED BEEKEEPERS.

22-2508. PUBLICATION OF REGISTERED BEEKEEPERS. The department shall make available to any pesticide applicator registered with the department, abatement or pest control district, or university of Idaho county agricultural extension office, a list of beekeepers registered with the department. The list shall include the names and telephone numbers of the beekeepers, the counties in which they keep bees, and any other information the department deems necessary to assist in the prevention of accidental poisoning of honeybees.
History:
[22-2508, added 2006, ch. 86, sec. 12, p. 254; am. 2007, ch. 188, sec. 13, p. 553.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2509 - MONEYS RECEIVED PAID INTO “BEE INSPECTION SPECIAL FUND.”

22-2509. MONEYS RECEIVED PAID INTO "BEE INSPECTION SPECIAL FUND." All moneys received pursuant to the provisions of this chapter shall be paid to the state treasurer and kept by the state treasurer in a special and separate fund to be known as the "bee inspection special fund."
History:
[(22-2509) 22-2532, added 1963, ch. 305, sec. 16, p. 795; am. and redesig. 2006, ch. 86, sec. 13, p. 254.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2510 - REGISTRATION — ASSESSMENT — COLLECTION — PROCEEDS.

22-2510. REGISTRATION — ASSESSMENT — COLLECTION — PROCEEDS. (1) There is hereby levied upon each beekeeper maintaining colonies within the state of Idaho, or desiring to move bees into the state, an annual registration fee of ten dollars ($10.00) for up to fifty (50) colonies. Each additional colony in excess of the first fifty (50) colonies shall be assessed at the rate of ten cents (10¢) per colony. Hobbyist beekeepers are exempt from registration under this section.
(2) The registration fee assessed for colonies in excess of fifty (50) colonies may be increased to not more than twenty cents (20¢) per hive or colony per year, if approved by a majority of the beekeepers voting in a referendum held for the purpose of determining whether such levy of the registration fee shall or shall not be changed. If the levy of the registration fee is changed, the levy of the registration fee will continue annually at the changed rate until again changed by another referendum. Any resident of Idaho who is registered under this chapter as an Idaho beekeeper with the Idaho department of agriculture may vote at such referendum. Any referendum to be held for the purpose of changing the levy of such registration fee shall be held at the annual meeting of the Idaho honey industry association or any successor organization to this group.
(3) Said registration fee shall be a lien upon all apicultural products, equipment, bees and property of the person owning or controlling such bees and shall be prior to all other liens or encumbrances except liens which are declared prior by operation of the statutes of this state.
(4) Hives brought into the state for indoor winter storage prior to moving to another state for pollination or honey production are exempt from paying fees as provided for in this section. Provided however, registration shall be required and a minimum of the following information shall be supplied: location of the storage, approximate dates the hive or hives will be brought into and leave the state, name, address and telephone number of the owner of the bees, and name, address and telephone number of an in-state contact who will have knowledge of the hive or hives being stored in the state.
History:
[(22-2510) 22-2536, added 1963, ch. 305, sec. 20, p. 795; am. 1970, ch. 135, sec. 2, p. 328; am. 1976, ch. 119, sec. 1, p. 459; am. 1990, ch. 414, sec. 2, p. 1149; am. 1991, ch. 224, sec. 2, p. 535; am. and redesig. 2006, ch. 86, sec. 14, p. 254; am. 2014, ch. 46, sec. 1, p. 122.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2511 - RULES.

22-2511. RULES. It is hereby made the duty of the department of agriculture to make reasonable rules as necessary for or as an aid to the effectuation of any provision of this chapter, and to prepare and cause to be printed suitable forms for the proper administration of this chapter.
History:
[(22-2511) 22-2538, added 1963, ch. 305, sec. 22, p. 795; am. and redesig. 2006, ch. 86, sec. 15, p. 255.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2512 - PENALTY FOR VIOLATIONS.

22-2512. PENALTY FOR VIOLATIONS. (1) Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in the county jail for not less than three (3) months nor more than twelve (12) months or be subject to both such fine and imprisonment.
(2) Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than one hundred dollars ($100) 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. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected for violation of a rule shall be remitted to the agricultural inspection account.
(3) Any bees, colonies, equipment or hives, imported into this state by a nonresident person, in violation of any provision of this chapter shall be subject to seizure by the department. Any bees, colonies, equipment or hives found on any property without the permission of the landowner or not identified with the owner’s name, address, phone and registration numbers or found to be in violation of this chapter or rules adopted by the department, shall also be subject to seizure by the department. Any bees, colonies, equipment or hives not claimed and brought into compliance with the provisions of this chapter within ninety (90) days from the date of seizure may be sold at public auction by a sealed bid.
(4) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.
History:
[(22-2512) 22-2539, added 1963, ch. 305, sec. 23, p. 795; am. 1991, ch. 224, sec. 3, p. 536; am. 1999, ch. 324, sec. 1, p. 832; am. and redesig. 2006, ch. 86, sec. 16, p. 255.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 25 - BEE INSPECTION › Section 22-2513 - REVIEW OF ACTION OF DIRECTOR.

22-2513. REVIEW OF ACTION OF DIRECTOR. Any individual who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with chapter 52, title 67, Idaho Code. The review may be obtained by filing in the district court within thirty (30) days following the action of the director a written petition praying that such action be set aside. A copy of such petition shall forthwith be delivered to the director and within thirty (30) days thereafter, the director shall certify and file in the district court of the area affected a transcript of any record pertaining thereto, including a transcript of evidence received at any hearing of referendum. The district court shall give notice by United States mail, to the director and to the petitioner or petitioners of the time and place at which the court will hear such petition, at which time any interested party may be heard. Upon completion of the hearing, the court shall affirm, set aside or modify the action of the director, except that the finding of the director as to the facts, if supported by substantial evidence, shall be conclusive.
History:
[(22-2513) 22-2540, added 1991, ch. 224, sec. 4, p. 536; am. 2001, ch. 183, sec. 2, p. 615; am. and redesig. 2006, ch. 86, sec. 17, p. 256.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2601 - DECLARATION OF POLICY.

22-2601. DECLARATION OF POLICY. In order to promote, foster and encourage the intelligent and orderly marketing of agricultural products through cooperation and to eliminate speculation and waste, and to make the distribution of agricultural products as direct as can be efficiently done between producer and consumer, and to stabilize the marketing problems of agricultural products, this chapter is passed.
History:
[(22-2601) 1921, ch. 124, sec. 1, p. 298; I.C.A., sec. 22-2001.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2602 - DEFINITIONS — SHORT TITLE.

22-2602. DEFINITIONS — SHORT TITLE. As used in this chapter:
a. The term "agricultural products" shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products;
b. The term "member" shall include actual members of associations without capital stock and holders of common stock in associations organized with capital stock;
c. The term "association" means any corporation organized under this chapter; and
d. The term "person" shall include individuals, firms, partnerships, corporations and associations.
Associations organized hereunder shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers.
Any instrument, or interest, which (a) qualifies its holder to be a member or patron of an association, or; (b) represents a patronage refund or other patronage allocation, which is part of a class issuable only to persons who deal in agricultural products or commodities with or obtain services from the association; or (c) represents the terms or conditions by which members or patrons purchase or sell agricultural products or commodities from, to, or through the association, (including any property right or interest in any arrangement to purchase or sell agricultural products, commodities or supplies between the association and its members or patrons) shall not be considered to be a security as used in title 30, chapter 14, Idaho Code, and shall not be subject to the provisions of said chapter.
The foregoing shall apply to any association operating as an agricultural cooperative, which is qualified to do business in the state of Idaho as an agricultural marketing association, and which possesses no greater powers than those provided such an association under this chapter.
This chapter shall be referred to as the "Cooperative Marketing Act."
History:
[(22-2602) 1921, ch. 124, sec. 2, p. 298; I.C.A., sec. 22-2002; am. 1976, ch. 41, sec. 1, p. 89.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2603 - ASSOCIATIONS — WHO MAY ORGANIZE.

22-2603. ASSOCIATIONS — WHO MAY ORGANIZE. Five (5) or more persons engaged in the production of agricultural products may form a nonprofit, cooperative association, with or without capital stock, under the provisions of this chapter.
History:
[(22-2603) 1921, ch. 124, sec. 3, p. 298; I.C.A., sec. 22-2003.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2604 - PURPOSES.

22-2604. PURPOSES. An association may be organized to engage in any activity in connection with the production, marketing or selling of the agricultural products of its members, or with the harvesting, preserving, drying, processing, canning, packing, storing, handling, shipping or utilization thereof, or the manufacturing or marketing of the by-products thereof; or in connection with the purchasing, manufacturing, selling or supplying to its members of machinery, equipment or supplies; or in the financing of the above enumerated activities; or in any one or more of the activities specified herein.
History:
[(22-2604) 1921, ch. 124, sec. 4, p. 298; I.C.A., sec. 22-2004; am. 1933, ch. 212, sec. 1, p. 445.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2605 - PRELIMINARY INVESTIGATION.

22-2605. PRELIMINARY INVESTIGATION. Every group of persons contemplating the organization of an association under this chapter, is urged to communicate with the department of agriculture, who will inform it whatever a survey of the marketing conditions affecting the commodities to be handled by the proposed association indicates regarding probable success.
History:
[(22-2605) 1921, ch. 124, sec. 5, p. 298; I.C.A., sec. 22-2005.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2606 - POWERS.

22-2606. POWERS. Each association incorporated under this chapter shall have the following powers:
a. To engage in any activity in connection with the production, marketing, selling, harvesting, preserving, drying, processing, canning, packing, storing, handling or utilization of any agricultural products produced or delivered to it by its members; or the manufacturing or marketing of the by-products thereof; or in connection with the purchasing, hiring, manufacturing, selling, or use to, by, or for its members of supplies, machinery or equipment; or in the financing of any such activities; or in any one or more of the activities specified in this section. An association may do business with nonmembers in an amount not to exceed that done with members.
b. To borrow money and to make advances to members.
c. To act as the agent or representative of any member or members in any of the above-mentioned activities.
d. To purchase or otherwise acquire, and to hold, own and exercise all rights of ownership in, and to sell, transfer, or pledge shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the handling or marketing of any of the products handled by the association.
e. To establish reserves and to invest the funds thereof in bonds or such other property as may be provided in the bylaws.
f. To buy, hold and exercise all rights of ownership, over such real or personal property as may be necessary or convenient for the conducting and operation of any of the business of the association or incidental thereto.
g. To do each and every thing necessary, suitable or proper for the accomplishment of any one of the purposes or the attainment of any one or more of the objects herein enumerated; or conducive to or expedient for the interest or benefit of the association; and to contract accordingly; and in addition to exercise and possess all powers, rights and privileges necessary or incidental to the purposes, for which the association is organized or to the activities in which it is engaged; and in addition, any other rights, powers and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions of this chapter; and to do any such thing anywhere.
History:
[(22-2606) 1921, ch. 124, sec. 6, p. 298; am. 1923, ch. 179, sec. 1, p. 279; I.C.A., sec. 22-2006; am. 1933, ch. 212, sec. 2, p. 445.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2607 - MEMBERS.

22-2607. MEMBERS. a. Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock, only to persons engaged in the production of agricultural products to be handled by or through the association, or to agricultural producers using supplies handled by or through the association organized for that purpose, including the lessees and tenants of land used for the production of such products and any lessors and landlords who receive as rent part of the crop raised on the leased premises.
b. If a member of a nonstock association be other than a natural person, such member may be represented by any individual, associate, officer or member thereof, duly authorized in writing.
c. One association organized hereunder may become a member or stockholder of any other association or associations, organized hereunder.
History:
[(22-2607) 1921, ch. 124, sec. 7, p. 298; I.C.A., sec. 22-2007; am. 1933, ch. 212, sec. 3, p. 445.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2608 - ARTICLES OF INCORPORATION — CONTENTS — SUBSCRIBING AND FILING.

22-2608. ARTICLES OF INCORPORATION — CONTENTS — SUBSCRIBING AND FILING. Each association formed under this chapter must prepare and file articles of incorporation, setting forth:
(1) The name of the association.
(2) The purpose for which it is formed.
(3) The address of its initial registered office and the name of its initial registered agent at such address.
(4) The term for which it is to exist, which may be perpetual.
(5) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the articles shall set forth the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and the association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This provision of the articles of incorporation shall not be altered, amended or repealed except by the written consent or the vote of a majority of the members.
(6) If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted and the nature and extent of the preference and the privileges granted to each.
(7) The names and addresses of the persons who are to serve as directors until the first annual meeting of the members or stockholders or until their successors be elected and qualify.
The articles must be subscribed by the incorporators and shall be filed in accordance with the provisions of the general corporation law of the state; and when so filed the said articles of incorporation, or certified copies thereof, shall be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein, and of the due incorporation of such association.
History:
[(22-2608) 1921, ch. 124, sec. 8, p. 298; am. 1929, ch. 246, sec. 1, p. 501; I.C.A., sec. 22-2008; am. 1980, ch. 76, sec. 1, p. 158; am. 2004, ch. 106, sec. 1, p. 381.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2609 - ARTICLES OF INCORPORATION — AMENDMENT.

22-2609. ARTICLES OF INCORPORATION — AMENDMENT. The articles of incorporation may be altered or amended in any respect, including increases or decreases in capital stock, at any regular meeting or at any special meeting called for that purpose. An amendment must first be approved by two-thirds (2/3) of the directors and then adopted by the affirmative vote of two-thirds (2/3) of the members or stockholders of the association present at such meeting, except as otherwise provided in section 22-2608, and provided that a quorum as specified in the by-laws of the association be present. Amendments of the articles of incorporation, when so adopted shall be filed in accordance with the provisions of the general corporation law of this state.
History:
[(22-2609) 1921, ch. 124, sec. 9, p. 298; am. 1929, ch. 246, sec. 2, p. 501; I.C.A., sec. 22-2009.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2611 - GENERAL AND SPECIAL MEETINGS — HOW CALLED.

22-2611. GENERAL AND SPECIAL MEETINGS — HOW CALLED. In its bylaws each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time, and ten per cent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting: provided, however, that the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.
History:
[(22-2611) 1921, ch. 124, sec. 11, p. 298; I.C.A., sec. 22-2011.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2612 - DIRECTORS — ELECTION — APPOINTMENT — REMUNERATION — PROHIBITED CONTRACTS — VACANCIES.

22-2612. DIRECTORS — ELECTION — APPOINTMENT — REMUNERATION — PROHIBITED CONTRACTS — VACANCIES. The affairs of the association shall be managed by a board of not less than five (5) directors, elected by the members or stockholders from their own number. The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to such districts. In such a case the bylaws shall specify the number of directors to be elected by each district, the manner and method of reapportioning the directors and of redistricting the territory covered by the association. The bylaws may provide that primary elections should be held in each district to elect the directors apportioned to such districts and the result of all such primary elections must be ratified by the next regular meeting of the association.
The bylaws may provide that one or more directors may be appointed by the department of agriculture or any other public official or commission. The director or directors so appointed need not be members or stockholders of the association, but shall have the same powers and rights as other directors.
An association may provide a fair remuneration for the time actually spent by its officers and directors in its service. No director, during the term of his office, shall be a party to a contract for a profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association, or to any other kind of contract differing from terms generally current in that district.
When a vacancy on the board of directors occurs, other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for an election of directors by district. [In] such a case the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.
History:
[(22-2612) 1921, ch. 124, sec. 12, p. 298; I.C.A., sec. 22-2012.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2613 - ELECTION OF OFFICERS.

22-2613. ELECTION OF OFFICERS. The directors shall elect from their number a president and one (1) vice-president. They shall, also, elect a secretary and treasurer, who need not be directors, and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer. The treasurer may be a bank or any depositary, and as such shall not be considered as an officer but as a function of the board of directors. In such case the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as authorized by the board of directors. They shall also elect such additional vice-presidents and other officers as may be provided for in the bylaws of the association, and such additional vice-presidents or other officers need not be directors or members of the association.
History:
[(22-2613) 1921, ch. 124, sec. 13, p. 298; am. 1929, ch. 246, sec. 4, p. 501; I.C.A., sec. 22-2013.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 26 - COOPERATIVE MARKETING ASSOCIATIONS › Section 22-2614 - STOCK — MEMBERSHIP CERTIFICATES — WHEN ISSUED — VOTING — LIABILITY — LIMITATIONS ON TRANSFER AND OWNERSHIP.

22-2614. STOCK — MEMBERSHIP CERTIFICATES — WHEN ISSUED — VOTING — LIABILITY — LIMITATIONS ON TRANSFER AND OWNERSHIP. (1) When a member of an association established without capital stock, has paid his membership fee in full, he shall receive a certificate of membership.
(2) No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the members’ right to vote.
(3) Except for debts lawfully contracted between him and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee or his subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof.
(4) No stockholder of a cooperative association shall own more than one-twentieth (1/20) of the issued common stock of the association; and an association, in its bylaws, may limit the amount of common stock which one (1) member may own to any amount less than one-twentieth (1/20) of the issued common stock.
(5) Any association organized with stock under this act may issue preferred stock, with or without the right to vote. Such stock may be redeemable or retirable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate.
(6) The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of the agricultural products handled by the association, and such restrictions must be printed upon every certificate of stock subject thereto.
(7) The bylaws shall require that any association organized under this act satisfies the following requirements:
(a) Operate for the mutual benefit of the members thereof, as producers;
(b) Not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members; and
(c) Conform to one (1) or both of the following:
(i) That no member of the association is allowed more than one (1) vote because of the amount of stock or membership capital he may own therein; or
(ii) That the association does not pay dividends on stock or membership capital in excess of eight percent (8%) per annum.
(8) The association may, at any time, except when the debts of the association exceed fifty per cent (50%) of the assets thereof, buy in or purchase its common stock at book value thereof as conclusively determined by the board of directors and pay for it in cash within one (1) year thereafter.
History:
[(22-2614) 1921, ch. 124, sec. 14, p. 298; I.C.A., sec. 22-2014; am. 2019, ch. 49, sec. 1, p. 134.]