reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4008 - MEETINGS OF COMMISSION.

22-4008. MEETINGS OF COMMISSION. The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman. The chairman may call special meetings of the commission at any time or place.
History:
[22-4008, added 1988, ch. 194, sec. 1, p. 353.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4010 - DEPOSIT AND DISBURSEMENT OF FUNDS.

22-4010. DEPOSIT AND DISBURSEMENT OF FUNDS. (1) Immediately upon receipt, all grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift, and all of the revenues received under the provisions of section 22-4017, Idaho Code, 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(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.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 to the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current fiscal year and a projection of anticipated expenses by category for the current 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 every second year, but shall address every year distinctly, 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:
[22-4010, added 1988, ch. 194, sec. 1, p. 354; am. 1993, ch. 327, sec. 11, p. 1202; am. 1994, ch. 180, sec. 34, p. 449; am. 1996, ch. 159, sec. 12, p. 515; am. 1997, ch. 157, sec. 3, p. 455; am. 2003, ch. 32, sec. 12, p. 124.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4011 - BONDS OF AGENTS AND EMPLOYEES.

22-4011. BONDS OF AGENTS AND EMPLOYEES. The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.
History:
[22-4011, added 1988, ch. 194, sec. 1, p. 355.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4012 - APPOINTMENT OF ADMINISTRATOR — DUTIES — SALARY.

22-4012. APPOINTMENT OF ADMINISTRATOR — DUTIES — SALARY. The commission may appoint an administrator who shall devote full time to the administration of the provisions of this chapter. He shall proceed immediately to prepare the plans and general program necessary and adequate to carry out the policies that are adopted by the commission. The administrator shall be paid a reasonable salary fixed by the commission, commensurate with his duties, and all necessary expenses.
History:
[22-4012, added 1988, ch. 194, sec. 1, p. 355.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4013 - ESTABLISHMENT OF ADMINISTRATOR’S OFFICE.

22-4013. ESTABLISHMENT OF ADMINISTRATOR’S OFFICE. For the convenience of the majority of those most likely to be affected in the administration of the provisions of this chapter, the administrator, upon recommendation of the commission, shall establish and maintain an office for the administrator within the state of Idaho.
History:
[22-4013, added 1988, ch. 194, sec. 1, p. 355.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4014 - STATE NOT LIABLE FOR ACTS OR OMISSIONS OF COMMISSION OR OF ITS EMPLOYEES.

22-4014. STATE NOT LIABLE FOR ACTS OR OMISSIONS OF COMMISSION OR OF ITS EMPLOYEES. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.
History:
[22-4014, added 1988, ch. 194, sec. 1, p. 355.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4015 - IMPOSITION OF TAX.

22-4015. IMPOSITION OF TAX. (1) There is hereby levied and imposed a tax of up to four cents (4¢) per hundredweight on all barley grown in the state of Idaho or given to Idaho growers under a crop reduction program, and sold or contracted in this state, and each and every crop grown or barley given to growers under a crop reduction program thereafter. The tax shall be due on barley given to growers under a crop reduction program and on barley sold or contracted through commercial channels in this state, regardless of any deduction of the tax on this same barley prior to it being given to the grower. The tax shall be due on or before the time when such barley is first sold or contracted in the commercial channels and shall be paid at such time or times as the commission may, by rule prescribe, as hereinafter provided, but not later than the 15th day of the month next succeeding the three (3) month period in which such barley is sold or contracted in commercial channels. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax.
(2) The tax shall be levied and assessed to the seller at the time of delivery for sale and shall be deducted by the first purchaser from the price paid to the seller at the time of sale or in case of a lienholder who may possess such barley under his lien, the tax shall be deducted by the lienholder from the proceeds of the claim secured by such lien at the time the barley is pledged or mortgaged. The tax shall be deducted as provided in this section whether the barley is stored in this or any other state. The commission may, however, permit any federal corporation, such as the commodity credit corporation, to waive its responsibility for the collection of the tax, provided the amount of the tax is one dollar ($1.00) or less.
(3) The tax constitutes a lien prior to all other liens and encumbrances upon such barley except liens which are declared by operation of a statute of this state.
(4) Any person may request from the commission in writing, within thirty (30) days after payment thereof, a refund of all or any portion of an assessment levied hereunder on barley and paid by him. The commission shall make the refund not later than thirty (30) days after the end of the fiscal year in which the request is made. Refunds shall cease to be available beginning on the first July 1 following completion of a referendum for the continuation or discontinuation of refunds as described in section 22-4019, Idaho Code.
(5) A sale shall be exempt from the tax if a substantially similar tax is imposed by and paid to another state or foreign country and used for similar purposes with respect to the same barley. The commission shall by rule identify what other taxes are substantially similar and used for similar purposes, and shall establish procedures for sellers to prove the payment of the other taxes.
History:
[22-4015, added 1988, ch. 194, sec. 1, p. 355; am. 1997, ch. 157, sec. 4, p. 456; am. 2012, ch. 263, sec. 3, p. 731.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4016 - DELIVERY OF DOCUMENTS TO SELLERS.

22-4016. DELIVERY OF DOCUMENTS TO SELLERS. (1) The purchaser, at the time of settlement, shall make and deliver separate documents for each purchase to the sellers.
(2) The documents shall, at a minimum, contain the following information:
(a) The name and address of the seller.
(b) The name and address of the purchaser.
(c) The number of hundredweights of barley sold.
(d) The date of the purchase.
(3) The documents shall be legibly written and shall have no corrections or erasures on the face thereof.
(4) Unlawful or willful alteration of any document required under this chapter shall constitute a misdemeanor.
History:
[22-4016, added 1988, ch. 194, sec. 1, p. 356; am. 1997, ch. 157, sec. 5, p. 457.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4017 - PAYMENT OF TAX — DISPOSITION OF RECEIPTS.

22-4017. PAYMENT OF TAX — DISPOSITION OF RECEIPTS. The tax imposed in this chapter shall be paid by the first purchaser to the commission. The commission shall receipt the purchaser thereof and promptly deposit the moneys in an account as provided in section 22-4010, Idaho Code. The commission may adopt, rescind, modify and amend regulations not inconsistent with this chapter, related to the payment and collection of the tax provided for in this chapter.
History:
[22-4017, added 1988, ch. 194, sec. 1, p. 356.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 40 - BARLEY — PROMOTION OF MARKETING › Section 22-4018 - PENALTIES.

22-4018. PENALTIES. (1) Any person who shall violate or aid in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than three hundred dollars ($300) or imprisonment not to exceed ninety (90) days, or both. Fines collected for violation of the provisions of this chapter shall be paid into the Idaho barley commission account.
(2) Any person or firm who makes payment to the commission at a date later than that prescribed in section 22-4015, Idaho Code, shall be subject to a late payment penalty as set forth by the commission by rule and regulation. Such penalty shall not exceed the rate of fifteen percent (15%) per annum on the amount due.
History:
[22-4018, added 1988, ch. 194, sec. 1, p. 357.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4201 - TITLE OF ACT.

22-4201. TITLE OF ACT. This act shall be known as the "Alfalfa and Clover Seed Industries Act."
History:
[22-4201, added 1974, ch. 184, sec. 1, p. 1481; am. 2000, ch. 201, sec. 2, p. 497.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4202 - PURPOSE.

22-4202. PURPOSE. It is hereby declared, as a matter of legislative determination, that it is to the best interests of all the people of the state of Idaho that the abundant and natural resources of Idaho be protected, fully developed and uniformly distributed; that economic waste threatens the alfalfa seed and clover seed industries in the state of Idaho by the lack of facilities and funds for research to develop and improve control measures for diseases and pests which attack alfalfa seed and clover seed pollinators, to improve alfalfa seed and clover seed growing culture and to disseminate information to the growers, and by lack of proper advertising and dissemination of information necessary for the development and promotion of alfalfa seed and clover seed grown in the state of Idaho; and that it is in the interests of the people, welfare and general prosperity of the state of Idaho that this avoidable economic waste be eliminated by the growers having at their disposal all available information on the best and most advanced methods of culture, growing, harvesting and marketing of alfalfa seed and clover seed. The purpose of this act is to promote the general welfare of our people by improving the culture and production of and expanding the market for alfalfa seed and clover seed grown in the state of Idaho.
History:
[22-4202, added 1974, ch. 184, sec. 2, p. 1481; am. 2000, ch. 201, sec. 3, p. 498.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4203 - DEFINITIONS.

22-4203. DEFINITIONS. Wherever used or referred to in this act, unless the context requires otherwise:
(1) "Commission" means the Idaho alfalfa and clover commission.
(2) "Grower" means any landowner personally engaged in growing alfalfa seed or clover seed, a tenant personally engaged in growing alfalfa seed or clover seed, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper or any and all other business units, devices and arrangements that grow alfalfa seed or clover seed.
(3) "Dealer" means any person, partnership, association, corporation, cooperative or other business unit or device that first handles, packs, ships, buys and sells alfalfa seed or clover seed, or who acts as sales or purchasing agent, broker or factor of alfalfa seed or clover seed.
(4) "Handled in the primary channels of trade" means the time when any alfalfa seed or clover seed is delivered under a sales contract, sold, or delivered for shipment and sale.
(5) "Ship" means to load alfalfa seed or clover seed into any mode of conveyance for transport in the channels of trade or to market.
(6) "Processor" and "processing plant" mean every person, partnership, association, corporation, cooperative or other business unit or device to whom and every place to which alfalfa seed or clover seed is delivered for cleaning, packing and blending.
History:
[22-4203, added 1974, ch. 184, sec. 3, p. 1481; am. 2000, ch. 201, sec. 4, p. 498; am. 2006, ch. 365, sec. 1, p. 1103.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4204 - CREATION OF COMMISSION — MEMBERS — QUALIFICATIONS — COMPENSATION.

22-4204. CREATION OF COMMISSION — MEMBERS — QUALIFICATIONS — COMPENSATION. There is hereby created and established in the department of self-governing agencies an alfalfa and clover seed commission to be thus known and designated. The commission shall be composed of six (6) alfalfa seed or clover seed growers and one (1) alfalfa seed or clover seed dealer.
The six (6) grower members shall be citizens and residents of the state of Idaho, each of whom is and has been actively engaged in the growing and producing of alfalfa seed or clover seed within the state of Idaho, and a substantial portion of whose income has been derived from growing alfalfa seed or clover seed.
The one (1) dealer member shall be a person who, individually or as executive officer of a corporation, firm, partnership, association or cooperative organization, is and has been actively engaged as a dealer in alfalfa seed or clover seed within the state of Idaho, is a citizen and resident of this state, and a substantial portion of his income shall have been derived from handling, packing, shipping, buying and selling alfalfa seed or clover seed, or acting as sales or purchasing agent, broker or factor of alfalfa seed or clover seed.
The qualifications of members of the commission as herein set forth must continue during their term of office. Each member of the commission shall be compensated as provided by section 59-509(n), Idaho Code.
History:
[22-4204, added 1974, ch. 184, sec. 4, p. 1481; am. 1980, ch. 247, sec. 20, p. 597; am. 1998, ch. 121, sec. 1, p. 451; am. 2000, ch. 201, sec. 5, p. 499; am. 2011, ch. 181, sec. 1, p. 513.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4205 - NOMINATIONS FOR GROWER MEMBERS OF COMMISSION — QUALIFICATIONS.

22-4205. NOMINATIONS FOR GROWER MEMBERS OF COMMISSION — QUALIFICATIONS. (1) For the purpose of nominating grower members of the commission, at a meeting of the Idaho alfalfa and clover seed growers association, the board of directors shall review the names of active growers in Idaho that meet the qualifications as provided in this section. By June 1 of each year, the names of two (2) grower members nominated by the association for each vacancy occurring on the commission shall be submitted to the governor for his consideration. Each member nominated for the commission shall be a resident citizen of the state of Idaho for a period of four (4) years prior to his election or selection, shall have active experience in growing alfalfa seed or clover seed and shall be now actually engaged in growing alfalfa seed or clover seed in Idaho and shall derive a substantial portion of his income from growing alfalfa seed or clover seed or be the directing or managing head of a corporation, firm, partnership, or other business unit which derives a substantial portion of its income from growing alfalfa seed or clover seed. To continue holding office, each member must remain qualified. The governor may remove any member who becomes disqualified during his term of office or who is unable to carry out his duties. The term of office of each member of the commission shall terminate on the last day of June of the year in which the term for which the member was elected ends, but each member of the commission shall serve until his respective successor is elected and has qualified. From such list of nominees, the governor shall designate and appoint one (1) as a member of the commission.
(2) A general meeting of the Idaho Eastern Oregon Seed Association shall nominate two (2) dealers, one (1) of whom shall be appointed as provided for in this act by June 30 of each year, and one (1) of whom shall be designated as alternate.
History:
[22-4205, added 1974, ch. 184, sec. 5, p. 1481; am. 1998, ch. 121, sec. 2, p. 452; am. 2000, ch. 201, sec. 6, p. 499; am. 2006, ch. 365, sec. 2, p. 1103; am. 2011, ch. 181, sec. 2, p. 513.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4206 - VACANCIES — TERMS.

22-4206. VACANCIES — TERMS. Any office which becomes vacant before expiration of the member’s term shall be filled by appointment in the manner provided for regular appointments.
The term of office of the members of the commission shall be three (3) years.
Members of the commission may not serve more than two (2) consecutive terms, provided, upon serving two (2) consecutive terms, and the lapse of one (1) full term, such member may again be nominated and appointed to the commission.
History:
[22-4206, added 1974, ch. 184, sec. 6, p. 1481; am. 2011, ch. 181, sec. 3, p. 514.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4208 - RECEIPT OF GIFTS — PAYABLE TO COMMISSION.

22-4208. RECEIPT OF GIFTS — PAYABLE TO COMMISSION. The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this act, which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this act shall be paid to the Idaho alfalfa and clover seed commission.
History:
[22-4208, added 1974, ch. 184, sec. 8, p. 1481; am. 2000, ch. 201, sec. 8, p. 501.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4209 - LIABILITY OF STATE FOR COMMISSION.

22-4209. LIABILITY OF STATE FOR COMMISSION. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof, or any officer, agent or employee thereof.
History:
[22-4209, added 1974, ch. 184, sec. 9, p. 1481.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4210 - ASSESSMENT ON ALFALFA SEED AND CLOVER SEED.

22-4210. ASSESSMENT ON ALFALFA SEED AND CLOVER SEED. There is hereby levied upon all alfalfa seed and clover seed grown annually in this state, all alfalfa seed sold as Idaho alfalfa seed and all clover seed sold as Idaho clover seed, an assessment of one-fourth cent (1/4¢) per pound of clean seed. All moneys collected hereunder shall be expended to effectuate the purposes and objects of this act.
History:
[22-4210, added 1974, ch. 184, sec. 10, p. 1481; am. 2000, ch. 201, sec. 9, p. 501.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4211 - TIME FOR PAYMENT OF ASSESSMENTS — RECOVERY OF PAYMENT FROM GROWER.

22-4211. TIME FOR PAYMENT OF ASSESSMENTS — RECOVERY OF PAYMENT FROM GROWER. All assessments levied and imposed under and pursuant to the provisions of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the alfalfa seed or clover seed is first handled in the primary channels of trade and shall be paid at such times as the commission may by rule prescribe, but not later than sixty (60) days from the date on which the grower received payment for the alfalfa seed or clover seed. If the party first handling the alfalfa seed or clover seed in the primary channels of trade is a person other than the grower he may charge against or recover from the grower of such alfalfa seed or clover seed the full amount of any assessment levied and imposed under this chapter.
History:
[22-4211, added 1974, ch. 184, sec. 11, p. 1481; am. 2000, ch. 201, sec. 10, p. 501.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4212 - REQUEST FOR REFUND OF ASSESSMENT — MANNER OF FILING REQUEST.

22-4212. REQUEST FOR REFUND OF ASSESSMENT — MANNER OF FILING REQUEST. Any person who has paid assessments to the commission herein shall have the right to require such commission to refund all or any portion of the assessment levied under the laws of such commission and paid by the producer. All such requests shall be in writing, filed not later than the first of August of each calendar year, and shall be on forms to be provided without cost to all producers who pay assessments to such commission.
History:
[22-4212, added 1974, ch. 184, sec. 12, p. 1481.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4213 - FAILURE TO PAY ASSESSMENT — PENALTY.

22-4213. FAILURE TO PAY ASSESSMENT — PENALTY. Any grower or dealer who fails to make collection or file return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five percent (5%) of the amount of the assessment determined to be due, as provided in this act, plus one percent (1%) of such amount for each month of delay or fraction thereof after the expiration of the month after such return was required to be filed or such assessment became due. The commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and disposed of as provided with respect to moneys derived from the assessment levied and imposed by this act.
History:
[22-4213, added 1974, ch. 184, sec. 13, p. 1481.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4214 - DEALER’S RECORDS OF SEED HANDLED — OPEN TO INSPECTION BY COMMISSIONER.

22-4214. DEALER’S RECORDS OF SEED HANDLED — OPEN TO INSPECTION BY COMMISSIONER. Every dealer shall maintain accurate records of all alfalfa seed and clover seed handled, packed, shipped or processed by him. The record shall be in such form and contain such information as the commission may by rule prescribe, and shall be preserved for a period of two (2) years, and be subject to inspection at any time upon request of the commission or its agents.
History:
[22-4214, added 1974, ch. 184, sec. 14, p. 1481; am. 2000, ch. 201, sec. 11, p. 502.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4215 - DEPOSIT OF ASSESSMENTS — WITHDRAWAL METHOD — EXPENSES — BOND REQUIRED — AUDIT.

22-4215. DEPOSIT OF ASSESSMENTS — WITHDRAWAL METHOD — EXPENSES — BOND REQUIRED — AUDIT. (1) All receipts for the commission will be deposited within five (5) working days of being received, all moneys received by the commission from the assessment levied under section 22-4210, Idaho Code, and all other moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such accounts at such banks or trust companies.
(2) (a) No moneys shall be withdrawn or paid out of such accounts except upon order of the commission and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission. A receipt, voucher or other written record, showing clearly the nature and items covered by each check or other order, shall be kept.
(b) All moneys referred to in subsection (1) of this section shall be used by the commission only for the payment of expenses of the commission in carrying out the powers conferred on the commission.
(c) The commission may require any commission member or agent or employee appointed by the commission to give a bond payable to the commission in the amount and with the security and containing the terms and conditions the commission may prescribe. The cost of such bond is an administrative cost under this act.
(3) All moneys received or expended by the commission shall be audited every second year, but shall address each year separately, 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. The right is reserved to the state of Idaho to audit all funds of the commission at any time.
History:
[22-4215, added 1974, ch. 184, sec. 15, p. 1481; am. 1998, ch. 121, sec. 3, p. 453; am. 2003, ch. 32, sec. 13, p. 125; am. 2006, ch. 361, sec. 1, p. 1098.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4216 - INCREASE IN ASSESSMENT.

22-4216. INCREASE IN ASSESSMENT. If it appears from an investigation that the revenue from the assessment levied under this act is inadequate to accomplish the purposes of this act, the commission shall file with the director of the department of agriculture a report showing the necessity of the industry, extent and probable cost of the required research, market promotion and advertising, extent of public convenience, interest and necessity, and probable revenue from the assessment desired to be levied. It may thereupon increase the assessment to a sum not to exceed one-half cent (1/2¢) per pound of clean seed; but no increase shall be made prior to filing of said report and favorable finding.
History:
[22-4216, added 1974, ch. 184, sec. 16, p. 1481.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4217 - VIOLATION — PENALTY.

22-4217. VIOLATION — PENALTY. Every person who shall violate or aid in the violation of any of the provisions of this act, or any of the rules, regulations or order of the commission adopted pursuant to the authority conferred by this act, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for a period not exceeding ninety (90) days or by both such fine and imprisonment and all fines collected for violation of this act shall be deposited as provided in section 22-4215.
History:
[22-4217, added 1974, ch. 184, sec. 17, p. 1481.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 42 - ALFALFA AND CLOVER SEED INDUSTRIES › Section 22-4218 - LIBERAL CONSTRUCTION.

22-4218. LIBERAL CONSTRUCTION. 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 persons, circumstance or thing shall not be affected thereby, and it is the intention of the legislature to preserve any and all parts of this act if possible.
History:
[22-4218, added 1974, ch. 184, sec. 18, p. 1481.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 43 - WEATHER MODIFICATION DISTRICTS › Section 22-4302 - WEATHER MODIFICATION FUND — CREATION — ADMINISTRATION.

22-4302. WEATHER MODIFICATION FUND — CREATION — ADMINISTRATION. The board of trustees of a weather modification district shall conduct the affairs of the district. The board of trustees shall certify a budget to the board of county commissioners to fund the operations of the district. The budget preparation, hearings and approval shall be the same as required for any county budget. The certification of the budget to the board of county commissioners shall be as required for other taxing districts. The board of county commissioners may levy annually upon all taxable property in the weather modification district, a tax not to exceed four (4) mills, to be collected and paid into the county treasury and apportioned to a fund to be designated the "weather modification" fund, which is hereby created. Such fund shall be used by the district for the gathering of information upon, aiding in or conducting programs for weather control or modification, and such activities related to weather modification programs as are necessary to insure the full benefit of such programs. Moneys in the fund may be paid out only on order of the board of trustees.
History:
[22-4302, added 1975, ch. 145, sec. 2, p. 334.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 45 - RIGHT TO FARM › Section 22-4501 - LEGISLATIVE FINDINGS AND INTENT.

22-4501. LEGISLATIVE FINDINGS AND INTENT. The legislature finds that agricultural activities conducted on farmland in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from agricultural uses, and in some cases prohibit investments in agricultural improvements. It is the intent of the legislature to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance. The legislature also finds that the right to farm is a natural right and is recognized as a permitted use throughout the state of Idaho.
History:
[22-4501, added 1981, ch. 177, sec. 1, p. 311.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 45 - RIGHT TO FARM › Section 22-4502 - DEFINITIONS.

22-4502. DEFINITIONS. As used in this chapter:
(1) "Agricultural facility" includes, without limitation, any land, building, structure, ditch, drain, pond, impoundment, appurtenance, machinery or equipment that is used in an agricultural operation.
(2) "Agricultural operation" means an activity or condition that occurs in connection with the production of agricultural products for food, fiber, fuel and other lawful uses, and includes, without limitation:
(a) Construction, expansion, use, maintenance and repair of an agricultural facility;
(b) Preparing land for agricultural production;
(c) Applying pesticides, herbicides or other chemicals, compounds or substances labeled for insects, pests, crops, weeds, water or soil;
(d) Planting, irrigating, growing, fertilizing, harvesting or producing agricultural, horticultural, floricultural and viticultural crops, fruits and vegetable products, field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant byproducts, plant waste and plant compost;
(e) Breeding, hatching, raising, producing, feeding and keeping livestock, dairy animals, swine, fur-bearing animals, poultry, eggs, fish and other aquatic species, and other animals, animal products and animal byproducts, animal waste, animal compost, and bees, bee products and bee byproducts;
(f) Processing and packaging agricultural products, including the processing and packaging of agricultural products into food and other agricultural commodities;
(g) Manufacturing animal feed;
(h) Transporting agricultural products to or from an agricultural facility;
(i) Noise, odors, dust, fumes, light and other conditions associated with an agricultural operation or an agricultural facility;
(j) Selling agricultural products at a farmers or roadside market;
(k) Participating in a government-sponsored agricultural program; and
(l) The ingress and egress of agricultural aircraft to agricultural lands or treatment areas.
(3) "Nonagricultural activities," for the purposes of this chapter, means residential, commercial or industrial property development and use not associated with the production of agricultural products.
(4) "Improper or negligent operation" means that the agricultural operation is not undertaken in conformity with federal, state and local laws and regulations or permits, and adversely affects the public health and safety.
History:
[22-4502, added 1981, ch. 177, sec. 1, p. 311; am. 1997, ch. 341, sec. 1, p. 1025; am. 1999, ch. 377, sec. 1, p. 1035; am. 2011, ch. 229, sec. 1, p. 623; am. 2022, ch. 116, sec. 1, p. 424.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 45 - RIGHT TO FARM › Section 22-4503 - AGRICULTURAL OPERATION, AGRICULTURAL FACILITY OR EXPANSION THEREOF NOT A NUISANCE — EXCEPTION.

22-4503. AGRICULTURAL OPERATION, AGRICULTURAL FACILITY OR EXPANSION THEREOF NOT A NUISANCE — EXCEPTION. No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof.
History:
[22-4503, added 1981, ch. 177, sec. 1, p. 312; am. 1999, ch. 377, sec. 2, p. 1035; am. 2011, ch. 229, sec. 2, p. 624.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 45 - RIGHT TO FARM › Section 22-4504 - LOCAL ORDINANCES.

22-4504. LOCAL ORDINANCES. No city, county, taxing district or other political subdivision of this state shall adopt any ordinance or resolution that declares any agricultural operation, agricultural facility or expansion thereof that is operated in accordance with generally recognized agricultural practices to be a nuisance, nor shall any zoning ordinance that requires abatement as a nuisance or forces the closure of any such agricultural operation or agricultural facility be adopted. Any such ordinance or resolution shall be void and shall have no force or effect. Zoning and nuisance ordinances shall not apply to agricultural operations and agricultural facilities that were established outside the corporate limits of a municipality and then were incorporated into the municipality by annexation. The county planning and zoning authority may adopt a nuisance waiver procedure to be recorded with the county recorder or appropriate county recording authority pursuant to residential divisions of property.
History:
[22-4504, added 1994, ch. 107, sec. 2, p. 239; am. 1997, ch. 341, sec. 2, p. 1026; am. 2011, ch. 229, sec. 3, p. 625.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 45 - RIGHT TO FARM › Section 22-4505 - NUISANCE ACTIONS.

22-4505. NUISANCE ACTIONS. (1) An agricultural operation, agricultural facility or expansion thereof shall not be found to be a nuisance under the circumstances described in section 22-4503, Idaho Code.
(2) An agricultural operation, agricultural facility or expansion thereof that is operated in accordance with generally recognized agricultural practices or in compliance with a state or federally issued permit shall not be found to be a public or private nuisance. The provisions of this subsection shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof.
History:
[22-4505, added 2011, ch. 229, sec. 4, p. 625.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 45 - RIGHT TO FARM › Section 22-4506 - SEVERABILITY.

22-4506. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History:
[22-4506, added 2011, ch. 229, sec. 5, p. 625.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 46 - COMMERCIAL FISH FACILITIES › Section 22-4601 - DEFINITIONS.

22-4601. DEFINITIONS. As used in this chapter:
(1) "Aquaculture" means the husbandry of aquatic plants and animals, both public and private.
(2) "Aquaculture facility" means any facility, hatchery, pond, lake or stream or any other waters where fish are held, raised and produced for sale.
(3) "Aquatic life" means all types of aquatic plants and animals or wildlife (invertebrate or vertebrate), approved for importation by the director of the department of fish and game pursuant to authority granted to him by the fish and game commission pursuant to the commission’s authority under section 36-104(b)(6), Idaho Code, and all life stages whether publicly or privately held.
(4) "Department" means the Idaho department of agriculture.
(5) "Director" means the director of the department of agriculture.
(6) "Person" means an individual, partnership, corporation, company or other business entity and any agent or officer of any partnership, corporation, company or other business entity.
History:
[22-4601, added 1992, ch. 273, sec. 1, p. 844; am. 1994, ch. 363, sec. 1, p. 1138.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 46 - COMMERCIAL FISH FACILITIES › Section 22-4602 - LICENSE REQUIRED — PURCHASES — INSPECTIONS.

22-4602. LICENSE REQUIRED — PURCHASES — INSPECTIONS. (1) No person shall obtain, possess, preserve, or propagate fish in this state for the purpose of selling the same unless he has first secured a commercial fish rearing license from the director. Such license may be issued by the director upon his finding that:
(a) Such commercial facility is not constructed in or across any natural streambed, lake or other watercourse containing wild fish.
(b) Any dam constructed to divert water into said facility meets all the requirements of section 36-906(a), Idaho Code.
(c) All water inlets to said facility are screened in the manner provided in section 36-906(b), Idaho Code.
(d) The application for such license is made upon a form provided by the department which sets forth such reasonable information as may be required by the director.
(e) The effluent control facilities have been approved by the legally designated state and federal agencies.
(f) The approved application is accompanied by a license fee of twenty-five dollars ($25.00).
(2) A valid license must be obtained for each separate location. Licenses shall expire February 1 in each even-numbered year; biennially thereafter.
(3) A receipt shall be issued to each purchaser identifying the hatchery source and specifying the numbers and species of fish and the date of sale for all sales from fish ponds for a fee and for the sale of live fish for stocking destined for release as wild fish in private or public waters.
(4) The director may, from time to time, inspect a licensed facility to determine conformity of the facility with the licensing requirements of this section and for purposes of determining the species of fish being propagated at the facility.
History:
[22-4602, added 1992, ch. 273, sec. 1, p. 844.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 46 - COMMERCIAL FISH FACILITIES › Section 22-4603 - RULES.

22-4603. RULES. The director is authorized to promulgate rules in accordance with chapter 52, title 67, Idaho Code, for the administration and implementation of this chapter including, but not limited to, rules concerning onsite inspections, standards for maintenance of fish health and standards for marketing. The director is further authorized to develop and conduct research programs addressing environmental issues and other issues related to the industry. In the development of such rules and programs, the director shall consult with representatives of commercial fisheries and the aquaculture industry.
History:
[22-4603, added 1992, ch. 273, sec. 1, p. 845; am. 1994, ch. 363, sec. 2, p. 1138.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 46 - COMMERCIAL FISH FACILITIES › Section 22-4604 - PENALTIES.

22-4604. PENALTIES. Any person violating the provisions of this chapter or any rule promulgated by the director pursuant thereto shall be subject to an administrative penalty not to exceed one thousand dollars ($1,000) for each offense. In addition to or in lieu of such penalty, the director is authorized to suspend for up to one (1) year or revoke any license issued hereunder. Proceedings under this section shall be conducted in the manner provided for contested cases in chapter 52, title 67, Idaho Code. If the department is unable to collect any administrative penalty assessed hereunder, or if any person fails to pay all or a portion of the administrative penalty assessed hereunder, the department may recover such amount by action in the appropriate district court.
Penalties collected for violations under this section shall be deposited in the commercial fisheries/aquaculture account.
History:
[22-4604, added 1992, ch. 273, sec. 1, p. 845; am. 1994, ch. 363, sec. 3, p. 1138.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 46 - COMMERCIAL FISH FACILITIES › Section 22-4605 - COMMERCIAL FISHERIES/AQUACULTURE ACCOUNT.

22-4605. COMMERCIAL FISHERIES/AQUACULTURE ACCOUNT. License fees and penalties collected under section 22-4604, Idaho Code, and any other moneys received by the department for research or other purposes related to commercial fisheries or aquaculture shall be deposited in the commercial fisheries/aquaculture account which is hereby created in the state treasury. Moneys in the account shall be used solely for carrying out the provisions of this chapter.
History:
[22-4605, added 1992, ch. 273, sec. 1, p. 846; am. 1994, ch. 363, sec. 4, p. 1139.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4701 - SHORT TITLE.

22-4701. SHORT TITLE. This chapter shall be known and may be cited as the "Oilseed Research and Development Act."
History:
[22-4701, added 1996, ch. 216, sec. 1, p. 704; am. 2007, ch. 60, sec. 2, p. 143.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4702 - DECLARATION OF LEGISLATIVE POLICY AND PURPOSE.

22-4702. DECLARATION OF LEGISLATIVE POLICY AND PURPOSE. It is in the best interests of the state of Idaho that its abundant natural resources be efficiently used and effectively managed for the benefit of its citizens. The oilseed industry is rapidly developing and significantly contributing to the economic welfare of Idaho. The products provided are an important and nutritious part of the human diet. Domestic demand exceeds what is produced in the United States. Moreover, the world market for oilseeds continues to expand. Idaho farmers are in an excellent position to take advantage of this demand. The university of Idaho leads the nation in research on canola and rapeseed. The research effort is critical to the competitiveness of Idaho growers and must be expanded and enhanced. It is the purpose of this chapter to promote the public health and welfare of the citizens of the state by implementing a program of research, promotion, and consumer and industry information designed to strengthen the position in the marketplace of the Idaho oilseed industry, to expand existing markets, and to develop new markets for oilseed and their products.
History:
[22-4702, added 1996, ch. 216, sec. 1, p. 704; am. 2007, ch. 60, sec. 3, p. 143.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4703 - DEFINITIONS.

22-4703. DEFINITIONS. As used in this chapter, unless the context requires otherwise:
(1) "Commercial channels" means the sale of oilseeds for food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any person, public or private, who resells any oilseed or any product produced from oilseed.
(2) "Commission" means the Idaho oilseed commission.
(3) "Delivery" means placing of oilseed into the primary channels of trade.
(4) "First purchaser" means any person, partnership, association, corporation, cooperative, trust, estate, or any and all other business units, devices and arrangements that buy oilseed in this state in the first instance, or any lienholder, public or private, including the commodity credit corporation, who may possess oilseed from the grower under any lien.
(5) "Grower" means any landowner, or tenant of the landowner, personally engaged in growing oilseed, or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, estate, sharecropper, or any and all other business units, devices and arrangements.
(6) "Oilseed" means seeds produced for use as oil, meal, planting seed, condiment, or other industrial or chemurgic uses.
(7) "Sale" includes any pledge, mortgage, or delivery of oilseed for sale after harvest to any person, public or private.
(8) "Seller" means any person or entity, including growers, who sells oilseed in the first instance.
History:
[22-4703, added 1996, ch. 216, sec. 1, p. 704; am. 2007, ch. 60, sec. 4, p. 143.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT › Section 22-4704 - IDAHO OILSEED COMMISSION CREATED — MEMBERS.

22-4704. IDAHO OILSEED COMMISSION CREATED — MEMBERS. There is hereby created and established in the department of self-governing agencies a commission which shall be exclusively known and referred to as the Idaho oilseed commission on and after the effective date of this act. The commission shall be composed of three (3) members appointed by the governor at the recommendation of a representative group of oilseed growers in the state of Idaho. Commission members appointed by the governor shall hold office for a term of three (3) years. The commissioners may appoint a representative from the supporting oilseed industry, who is not a grower, to serve as an ex officio member of the commission without voting privileges. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, and the director of the department of agriculture shall also be ex officio members of the commission without voting privileges.
History:
[22-4704, added 1996, ch. 216, sec. 1, p. 705; am. 2007, ch. 60, sec. 5, p. 144.]