reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 15 - SEED AND PLANT CERTIFICATION › Section 22-1506 - FEES CHARGED BY CERTIFYING AGENCY.

22-1506. FEES CHARGED BY CERTIFYING AGENCY. Fees may be charged by the certifying agency, under schedules set forth in standards, requirements, and procedures for certification of seeds, tubers, plants, and plant parts under this chapter, but these fees shall have a reasonable relation to the cost and may be used only for expenses in connection with certification and improvement of certification services.
History:
[(22-1506) 22-1106, added 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 2005, ch. 25, sec. 19, p. 93; am. 2020, ch. 80, sec. 5, p. 172.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 15 - SEED AND PLANT CERTIFICATION › Section 22-1507 - MAINTENANCE OF SEED STOCKS.

22-1507. MAINTENANCE OF SEED STOCKS. The Idaho agricultural experiment station or an agent of the university of Idaho appointed, in writing, shall be responsible to obtain and maintain sources of basic seed stocks that include breeder class and foundation class seed of public varieties or strains of crops deemed appropriate by the director of the Idaho agricultural experiment station. Basic seed stocks, limited generation certified seed tubers, plants, or plant parts shall first be made available for production in Idaho. This shall be accomplished through a system of equitable allocation to any person, firm, partnership, association, corporation, or entity located in this state unless a contract or agreement entered into with another public research entity or institution provides otherwise. Price established for the basic seed stocks of seed, tubers, plants, or plant parts shall be in reasonable relation to the cost of production, maintenance, handling, storage, and processing necessary to meet standards set forth in the standards and requirements.
History:
[(22-1507) 22-1107, added 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 2005, ch. 25, sec. 20, p. 93; am. 2020, ch. 80, sec. 6, p. 172.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 15 - SEED AND PLANT CERTIFICATION › Section 22-1508 - DELEGATION OF AUTHORITY.

22-1508. DELEGATION OF AUTHORITY. The regents of the university of Idaho 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 certification of seeds, tubers, plants and plant parts. 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 university will cooperate with the Idaho department of agriculture in seed analysis and inspection.
History:
[(22-1508) 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 1993, ch. 69, sec. 3, p. 184.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 15 - SEED AND PLANT CERTIFICATION › Section 22-1509 - LIABILITY OF REGENTS LIMITED.

22-1509. LIABILITY OF REGENTS LIMITED. The regents of the university of Idaho 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:
[(22-1509) 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 1993, ch. 69, sec. 4, p. 184.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 15 - SEED AND PLANT CERTIFICATION › Section 22-1510 - REVIEW OF ACTION TAKEN UNDER PROVISIONS OF LAW.

22-1510. REVIEW OF ACTION TAKEN UNDER PROVISIONS OF LAW. Any person, firm, partnership, association or corporation aggrieved by any act or action taken under the provisions of this chapter law may, within thirty (30) days of such act or action, appeal to the district court within and for the district in which said act or action was committed for appropriate relief. It is further provided that any order or judgment of the district court pertaining to such appeal may be appealed to the Supreme Court of the state of Idaho in the manner in which appeals are made under the present code and procedure, provided, however, that on the appeal to the Supreme Court, the Supreme Court shall consider only questions of law.
History:
[(22-1510) 22-1110, added 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 2005, ch. 25, sec. 21, p. 93.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 15 - SEED AND PLANT CERTIFICATION › Section 22-1511 - TITLE.

22-1511. TITLE. This chapter shall be known as, and may be cited as, the "Seed and Plant Certification Act."
History:
[(22-1511) 22-1111, added 1990, ch. 413, sec. 2, p. 1147; am. and redesig. 2005, ch. 25, sec. 22, p. 93.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 16 - PREVENTION OF PRICE DISCRIMINATION › Section 22-1601 - DISCRIMINATION IN SALE OF FARM PRODUCTS.

22-1601. DISCRIMINATION IN SALE OF FARM PRODUCTS. It is hereby made unlawful for any person, firm, company, partnership, copartnership, corporation, foreign or domestic, or association, or other organization doing business in the state of Idaho, who shall intentionally for the purpose of creating a monopoly or destroying the business of a competitor, in any locality, section, community, city or village, to discriminate between different individuals, corporations, partnerships, copartnerships, associations or organizations of any kind or to discriminate between different sections, localities, communities, villages or cities of this state in the purchase, barter, exchange or resale of farm products, either in the raw or manufactured state, when such products are purchased or sold under recognized standards and grades, as prescribed by the department of agriculture, after making due allowance for the difference, if any, in the actual cost of transportation from the locality of purchase in the raw state to the locality of manufacture, or from the locality of manufacture to the locality of sale, and in addition thereto allowance in the grade or quality of such products, if any.
History:
[(22-1601) 1917, ch. 23, sec. 1, p. 62; reen. C.L. 79:31; am. 1919, ch. 18, sec. 1, p. 81; C.S., sec. 2051; am. 1921, ch. 189, sec. 1, p. 391; I.C.A., sec. 22-1201.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 16 - PREVENTION OF PRICE DISCRIMINATION › Section 22-1602 - RECORDS SUBJECT TO INSPECTION.

22-1602. RECORDS SUBJECT TO INSPECTION. All the books, papers and other records of every person, firm, corporation or other organization engaged in the business of buying or selling farm products, shall be subject to inspection by the department of agriculture, if it shall appear to the department that there are reasonable grounds to believe that there has been a violation of this chapter, and such person, firm, corporation or other organization shall, at such times as the department shall prescribe, make such further verified returns having a bearing on the provisions of this chapter as the department may prescribe.
History:
[(22-1602) 1917, ch. 23, sec. 2, p. 62; reen. C.L. 79:32; C.S., sec. 2052; I.C.A., sec. 22-1202.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 16 - PREVENTION OF PRICE DISCRIMINATION › Section 22-1603 - PENALTY.

22-1603. PENALTY. Whoever shall violate any of the provisions of this chapter shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1000 for each offense, and, if a corporation, may have its charter or permit to do business in this state forfeited.
History:
[(22-1603) 1917, ch. 23, sec. 3, p. 62; reen. C.L. 79:33; C.S., sec. 2053; I.C.A., sec. 22-1203.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 16 - PREVENTION OF PRICE DISCRIMINATION › Section 22-1604 - PROSECUTION BY ATTORNEY GENERAL.

22-1604. PROSECUTION BY ATTORNEY GENERAL. If any person, firm, corporation or other organization shall violate any of the provisions of this chapter, upon complaint thereof by the department of agriculture to the attorney general, setting forth the violations of this chapter complained of, it shall be the duty of the attorney general to proceed in the name of the state of Idaho against such person, firm, corporation or other organization.
History:
[(22-1604) 1917, ch. 23, sec. 4, p. 63; reen. C.L. 79:34; C.S., sec. 2054; I.C.A., sec. 22-1204.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 16 - PREVENTION OF PRICE DISCRIMINATION › Section 22-1605 - PENALTY FOR DISCLOSURES.

22-1605. PENALTY FOR DISCLOSURES. No person shall disclose any fact or information obtained pursuant to or under the provisions of this chapter except for the purpose of prosecuting or aiding in the prosecution of persons charged with the violation of the terms of this chapter. And any person violating any of the provisions of this section shall be guilty of a misdemeanor and punished accordingly.
History:
[(22-1605) 1917, ch. 23, sec. 5, p. 63; reen. C.L. 79:35; C.S., sec. 2055; I.C.A., sec. 22-1205.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 16 - PREVENTION OF PRICE DISCRIMINATION › Section 22-1606 - SEPARABILITY.

22-1606. SEPARABILITY. If any section, subsection, sentence, clause or phrase of this chapter or as the same may be hereafter amended, is for any reason held to be unconstitutional by any court of competent jurisdiction, the validity of the remaining parts of this chapter shall not thereby be affected or impaired.
History:
[(22-1606) 1917, ch. 23, sec. 6, p. 63; reen. C.L. 79:36; C.S., sec. 2056; I.C.A., sec. 22-1206.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 17 - INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT › Section 22-1701 - SHORT TITLE.

22-1701. SHORT TITLE. This act shall be known and may be cited as the "Industrial Hemp Research and Development Act."
History:
[22-1701, added 2021, ch. 242, sec. 1, p. 736.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 17 - INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT › Section 22-1702 - LEGISLATIVE INTENT.

22-1702. LEGISLATIVE INTENT. It is the policy of this state to:
(1) Assume primary regulatory authority of industrial hemp as allowed by federal law;
(2) Allow production, processing, transportation, and research of industrial hemp in Idaho; and
(3) Require the director to submit a state plan to the secretary of agriculture as expeditiously as possible and, by a date certain, to allow the production of industrial hemp.
History:
[22-1702, added 2021, ch. 242, sec. 1, p. 736.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 17 - INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT › Section 22-1703 - DEFINITIONS.

22-1703. DEFINITIONS. For purposes of this chapter:
(1) "2018 farm bill" means the agriculture improvement act of 2018, P.L. 115-334.
(2) "Director" means the director of the Idaho state department of agriculture.
(3) "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, as defined in the 2018 farm bill.
(4) "Secretary of agriculture" means the United States secretary of agriculture.
History:
[22-1703, added 2021, ch. 242, sec. 1, p. 737.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 17 - INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT › Section 22-1704 - STATE PLAN.

22-1704. STATE PLAN. The director must prepare and submit a state plan as expeditiously as possible, but no later than September 1, 2021, to the secretary of agriculture in compliance with the 2018 farm bill and the rules promulgated thereunder. The state plan must be created in consultation with the governor, the director of the Idaho state police, and Idaho’s agricultural industry and must allow for the production, processing, transportation, and research of industrial hemp in Idaho to the greatest extent allowed under federal law.
History:
[22-1704, added 2021, ch. 242, sec. 1, p. 737.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 17 - INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT › Section 22-1705 - PRODUCTION, PROCESSING, TRANSPORTATION, AND RESEARCH OF INDUSTRIAL HEMP AUTHORIZED.

22-1705. PRODUCTION, PROCESSING, TRANSPORTATION, AND RESEARCH OF INDUSTRIAL HEMP AUTHORIZED. (1) Production, processing, transportation, and research of industrial hemp are subject to the rules promulgated under this chapter, the state plan, and the 2018 farm bill and the rules promulgated thereunder.
(2) The director must expeditiously promulgate rules that are compliant with the 2018 farm bill in time to allow for the production, processing, transportation, and research of industrial hemp in Idaho under the state plan beginning with the spring 2022 growing season of industrial hemp. Any rule formulated and recommended by the Idaho state department of agriculture regarding the production, processing, transportation, or research of industrial hemp that is broader in scope or more stringent than federal law or regulations as outlined in the 2018 farm bill or that proposes to regulate an activity not regulated by the federal government is subject to the following additional requirements: the notice of proposed rulemaking and rulemaking record requirements under chapter 52, title 67, Idaho Code, must clearly specify that the proposed rule, or portions of the proposed rule, are broader in scope or more stringent than federal law or regulations or regulate an activity not regulated by the federal government and delineate which portions of the proposed rule are broader in scope or more stringent than federal law or regulations or regulate an activity not regulated by the federal government.
(3) Once a state plan is accepted by the secretary of agriculture, the production, processing, transportation, and research of industrial hemp in Idaho will also be subject to the state plan.
(4) The department is authorized to promulgate rules establishing fees and penalties for violations associated with the provisions of this chapter.
(5) No penalty may be imposed against a person unless the person was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. A person against whom the department has assessed a penalty under this chapter or the rules promulgated pursuant to this chapter may, within thirty (30) days of the final agency action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged to have occurred.
(6) Notwithstanding any provision of this chapter:
(a) Rules promulgated under this chapter must be adopted through the negotiated rulemaking process; and
(b) The transportation of industrial hemp in interstate commerce may continue subject to the provisions of section 67-2921, Idaho Code.
History:
[22-1705, added 2021, ch. 242, sec. 1, p. 737.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 17 - INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT › Section 22-1706 - INDUSTRIAL HEMP ADMINISTRATION FUND.

22-1706. INDUSTRIAL HEMP ADMINISTRATION FUND. There is hereby established in the dedicated fund in the state treasury the industrial hemp administration fund to which will be credited the revenues derived from fees and civil penalties collected as authorized by this chapter and rules promulgated under this chapter, as well as section 67-2921, Idaho Code, and the rules promulgated under that section. Moneys in the fund must be used solely for carrying out the provisions of this chapter and the provisions of section 67-2921, Idaho Code.
History:
[22-1706, added 2021, ch. 242, sec. 1, p. 738.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 17 - INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT › Section 22-1707 - EXCEPTIONS.

22-1707. EXCEPTIONS. Industrial hemp is not subject to inspection or indemnification pursuant to chapter 51, title 22, Idaho Code, or chapters 2 and 5, title 69, Idaho Code.
History:
[22-1707, added 2021, ch. 242, sec. 1, p. 738.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1901 - TITLE.

22-1901. TITLE. This chapter shall be known as "The Idaho Invasive Species Act of 2008."
History:
[22-1901, added 2008, ch. 387, sec. 1, p. 1062.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1902 - LEGISLATIVE FINDINGS.

22-1902. LEGISLATIVE FINDINGS. The legislature finds that:
(1) The purpose of this chapter is to address the concerns about the increasing threat of invasive species by providing policy direction, planning and authority to combat invasive species infestations throughout the state and to prevent the introduction of new species that may be harmful;
(2) The land, water and other resources of Idaho are being severely affected by invasions of an increasing number of harmful, invasive species;
(3) These invasions are damaging Idaho’s environment and causing economic hardships;
(4) Idaho is a national leader in the control of invasive species, particularly noxious weeds and agricultural pests, and has a strong network of local, state, federal, tribal and private entities actively and cooperatively combating the threat;
(5) Prevention, early detection, rapid response and eradication are the most effective and least costly strategies against invasive species because they combat new invasions before they expand beyond feasible control;
(6) Implementing these strategies requires the state of Idaho to enhance its capacity to prioritize risks, prevent new invasions, employ early detection and rapid response techniques, apply state of the art control and management strategies, coordinate multiple public and private efforts and involve the public;
(7) An effective invasive species program must foster and support local initiatives; and
(8) The multitude of public and private entities with an interest in controlling and preventing the spread of harmful invasive species in Idaho need a mechanism for cooperation and collaboration to meet the threat of invasive species.
History:
[22-1902, added 2008, ch. 387, sec. 1, p. 1062.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1903 - ADMINISTRATION.

22-1903. ADMINISTRATION. This chapter shall be administered by the Idaho state department of agriculture.
History:
[22-1903, added 2008, ch. 387, sec. 1, p. 1063.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1904 - DEFINITIONS.

22-1904. DEFINITIONS. Unless otherwise noted in this chapter the definitions as set forth in section 22-2005, Idaho Code, are adopted by reference.
(1) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that may carry or contain an invasive species or plant pest. A conveyance includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal watercraft, a trailer or any other means or method of transportation. "Conveyance" also includes a live well or a bilge area of a watercraft.
(2) "Environmental harm" means to cause significant adverse effects on uses of natural resources or on plants or animals.
(3) "Invasive species" means species not native to Idaho, including their seeds, eggs, spores, larvae or other biological material capable of propagation, that cause economic or environmental harm and are capable of spreading in the state. "Invasive species" does not include crops, improved forage grasses, domestic livestock, or other beneficial nonnative organisms.
History:
[22-1904, added 2008, ch. 387, sec. 1, p. 1063; am. 2010, ch. 342, sec. 1, p. 898.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1905 - PROHIBITED ACTIONS.

22-1905. PROHIBITED ACTIONS. No person may import, export, purchase, sell, barter, distribute, propagate, transport or introduce an invasive species into or within the state of Idaho and no person may possess an invasive species, except:
(1) Under a permit issued by the director;
(2) When being transported to an appropriate state authority, or another destination as such authority may direct, in a sealed container for purposes of identifying the species or reporting the presence of the species;
(3) When being transported for disposal as part of an approved control activity under a permit issued pursuant to section 22-1906, Idaho Code;
(4) When the specimen has been lawfully acquired dead and, in the case of plant species, all seeds are removed or are otherwise rendered nonviable;
(5) In the form of herbaria or other preserved specimens, so long as such specimens are rendered nonviable; or
(6) As the director may otherwise prescribe by rule.
History:
[22-1905, added 2008, ch. 387, sec. 1, p. 1063.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1906 - DUTIES OF THE DEPARTMENT AND DIRECTOR.

22-1906. DUTIES OF THE DEPARTMENT AND DIRECTOR. The department may prevent and control, by such means as shall be prescribed and provided by law, rule or by order of the department, all invasive species that may cause economic or environmental harm to the state. The director shall:
(1) After due investigation, report the detection of new invasive species within the state to the appropriate state and federal officials;
(2) Issue permits for the transport or possession of an invasive species into, within or through the state of Idaho. Permits shall include requirements to ensure the containment of that species, as may be prescribed in rule.
These duties shall not usurp existing provisions of the Idaho Code, programs that deal with invasive species issues, or the individual missions of any state agency or duplicate efforts existing upon passage of this act.
History:
[22-1906, added 2008, ch. 387, sec. 1, p. 1063.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1907 - RULES AND ORDERS.

22-1907. RULES AND ORDERS. The director is hereby authorized to promulgate rules necessary for the efficient enforcement of the provisions of this chapter. Rulemaking authority shall include, but not be limited to, the determination of which species are invasive and the establishment of procedures for testing, sampling, inspection, certification, permitting, compliance verification and recordkeeping. The director may by written order designate a species as invasive until such time as it may be added to the official rules of the department.
History:
[22-1907, added 2008, ch. 387, sec. 1, p. 1064.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1908 - AUTHORITY TO CONDUCT INSPECTIONS.

22-1908. AUTHORITY TO CONDUCT INSPECTIONS. (1) In order to accomplish the purposes of this chapter, the director may enter upon and inspect any public or private premises, lands, bodies of water, or means of conveyance, or article of any person within this state, for the purpose of inspecting, surveying, treating, controlling, collecting samples, or destroying any invasive species.
(2) The director may establish check stations at points of entry to the state, or other facilities and sites throughout the state, as necessary to carry out the provisions of this chapter.
(3) No person shall proceed past or travel through an established inspection station during its hours of operation while towing, carrying or transporting any conveyance without presenting such conveyance for inspection.
History:
[22-1908, added 2008, ch. 387, sec. 1, p. 1064; am. 2010, ch. 342, sec. 2, p. 898.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1909 - DISPOSITION OF INVASIVE SPECIES.

22-1909. DISPOSITION OF INVASIVE SPECIES. The director is authorized to seize, decontaminate or destroy any invasive species found in this state from public or private ownership or control as necessary to carry out the provisions of this chapter.
History:
[22-1909, added 2008, ch. 387, sec. 1, p. 1064.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1910 - HOLD ORDER.

22-1910. HOLD ORDER. The director may issue hold orders to take prompt regulatory action in invasive species emergencies on any article, commodity, conveyance, vehicle or other means of transportation entering this state when it is reasonably believed that the article, commodity, conveyance, vehicle or other means of transportation is in violation of this chapter or rules promulgated hereunder. The hold order shall contain contact information for the owner of the article, commodity, conveyance, vehicle or other means of transportation, the reason for the hold order, and the conditions for release.
History:
[22-1910, added 2008, ch. 387, sec. 1, p. 1064; am. 2010, ch. 342, sec. 3, p. 899.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1910A - LAW ENFORCEMENT.

22-1910A. LAW ENFORCEMENT. (1) It shall be the duty of all peace officers within the state of Idaho, as defined by section 19-5101(d), Idaho Code, to enforce the provisions of this chapter by making a complaint or citation as described in section 19-3901, Idaho Code.
(2) Peace officers within the state of Idaho, upon reasonable suspicion that a conveyance is infested with quagga mussels or zebra mussels, may require a driver of a vehicle to stop and submit to an inspection of the exterior of any conveyance(s) in plain view.
(3) If the peace officer has probable cause to believe that the conveyance(s) are contaminated with quagga mussels or zebra mussels, or when a conveyance is found to be contaminated or otherwise carrying quagga mussels or zebra mussels, the peace officer shall detain the vehicle and conveyance(s) and immediately summon a tow truck to transport the conveyance(s) to the nearest available impound yard.
(4) Upon impoundment, the director shall issue a hold order as provided in this chapter specifying the conditions for release.
History:
[22-1910A, added 2010, ch. 342, sec. 4, p. 899.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1911 - INVASIVE SPECIES FUND.

22-1911. INVASIVE SPECIES FUND. There is hereby established in the state treasury an invasive species fund.
(1) The fund shall receive such appropriations as deemed necessary by the governor and the legislature to accomplish the goals of this chapter. The fund shall also receive moneys from the collection of reasonable fees for permits or as otherwise required by this chapter or rules promulgated hereunder. The fund may also receive, at the discretion of the director, moneys from any other lawful source including, without limitation, fees, penalties, fines, gifts, grants, legacies of money, property, securities or other assets, or any other source, public or private.
(2) Moneys in the invasive species fund are subject to appropriation for the purposes of this chapter. The fund shall be used to support activities related to the prevention, detection, control and management of invasive species in Idaho.
(3) All interest or other income accruing from moneys deposited to the fund shall be redeposited and accrue to the fund. Any unexpended balance left in the fund at the end of any fiscal year shall carry forward without reduction to the following fiscal year.
History:
[22-1911, added 2008, ch. 387, sec. 1, p. 1064.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1912 - CONTROL AND ERADICATION COSTS — DEFICIENCY WARRANTS — COOPERATION WITH OTHER ENTITIES AND CITIZENS.

22-1912. CONTROL AND ERADICATION COSTS — DEFICIENCY WARRANTS — COOPERATION WITH OTHER ENTITIES AND CITIZENS. Whenever the director determines that there exists the threat of an infestation of an invasive species on state-owned land or water, private, forested, range or agricultural land or water, and that the infestation is of such a character as to be a menace to state, private, range, forest or agricultural land or water, the director shall cause the infestation to be controlled and eradicated, using such moneys as have been appropriated or may hereafter be made available for such purposes. Provided however, that whenever the cost of control and eradication exceeds the moneys appropriated or otherwise available for that purpose, the state board of examiners may authorize the issuance of deficiency warrants against the general fund for up to five million dollars ($5,000,000) in any one (1) year for such control and eradication. Control and eradication costs may include, but are not limited to, costs for survey, detection, inspection, enforcement, diagnosis, treatment and disposal of infected or infested materials, cleaning and disinfecting of infected premises or vessels and indemnity paid to owners for infected or infested materials destroyed by order of the director. The director, in executing the provisions of this chapter insofar as it relates to control and eradication, shall have the authority to cooperate with federal, state, county and municipal agencies and private citizens in control and eradication efforts; provided, that in the case of joint federal/state programs, state moneys shall only be used to pay the state’s share of the cost of the control and eradication efforts. Such moneys for which the state shall thus become liable shall be paid as a part of the expenses of the Idaho state department of agriculture out of appropriations that shall be made by the legislature for that purpose from the general fund of the state. In all appropriations hereafter made for expenses of the department, account shall be taken of and provision made for this item of expense.
History:
[22-1912, added 2008, ch. 387, sec. 1, p. 1065.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1913 - PENALTIES FOR VIOLATIONS.

22-1913. PENALTIES FOR VIOLATIONS. (1) Any person who knowingly violates any provision of this chapter, or of the rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with the department, its agents, designees or employees, in the execution, or on account of the execution of its or their duties under this chapter or rules promulgated hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than three thousand dollars ($3,000) or be imprisoned in a county jail for not more than twelve (12) months or be subject to both such fine and imprisonment.
(2) Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated hereunder may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney’s fees.
(a) Assessment of a civil penalty may be made in conjunction with any other department administrative action.
(b) No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act.
(c) If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court.
(d) Any person against whom the department has assessed a civil penalty under the provisions of this section may, within twenty-eight (28) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.
(e) All civil penalties collected pursuant to this section shall be remitted to the invasive species fund as authorized under section 22-1911, Idaho Code.
(3) 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:
[22-1913, added 2008, ch. 387, sec. 1, p. 1065.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1914 - COOPERATIVE AGREEMENTS.

22-1914. COOPERATIVE AGREEMENTS. (1) The department may enter into cooperative agreements with persons and entities including, but not limited to, civic groups and governmental agencies, to adopt and execute plans to detect and control areas infested with invasive species. Such cooperative agreements may include provisions for funding to implement agreements.
(2) If an invasive species occurs and cannot be adequately controlled by individual persons, owners, tenants or local units of government, the department may conduct the necessary control measures independently or on a cooperative basis with federal or other units of government.
(3) The department shall have the authority to delegate selected and clearly identified elements of its authorities and duties to another agency of the state with appropriate expertise or administrative capacity upon mutual agreement with that agency. The department is authorized to enter into memoranda of agreement with other state agencies to implement the delegations authorized in this subsection. Such delegation may include provisions of funding for implementation of the delegations. The department shall retain primary authority and responsibility for all requirements of this chapter unless otherwise directed herein.
History:
[22-1914, added 2008, ch. 387, sec. 1, p. 1066.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1915 - NO EFFECT ON EXISTING LIABILITY.

22-1915. NO EFFECT ON EXISTING LIABILITY. The enactment of this chapter does not terminate or modify any civil or criminal liability relating to plant pests which exists prior to the effective date of this chapter.
History:
[22-1915, added 2008, ch. 387, sec. 1, p. 1066.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1916 - HOLD HARMLESS.

22-1916. HOLD HARMLESS. Any state or federal agency or contractor, its officers, agents and employees implementing or enforcing the provisions of this chapter shall be held harmless against all claims arising from the good faith enforcement and implementation of the provisions of this chapter and rules promulgated hereunder, in accordance with the Idaho tort claims act, chapter 9, title 6, Idaho Code.
History:
[22-1916, added 2008, ch. 387, sec. 1, p. 1066.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 19 - THE IDAHO INVASIVE SPECIES ACT OF 2008 › Section 22-1917 - SEVERABILITY.

22-1917. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
History:
[22-1917, added 2008, ch. 387, sec. 1, p. 1067.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2001 - TITLE.

22-2001. TITLE. This chapter shall be known as the "Idaho Plant Pest Act of 2002."
History:
[22-2001, added 2002, ch. 89, sec. 2, p. 211.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2002 - ADMINISTRATION.

22-2002. ADMINISTRATION. This chapter shall be administered by the Idaho state department of agriculture.
History:
[22-2002, added 2002, ch. 89, sec. 2, p. 211.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2003 - STATEMENT OF PURPOSE.

22-2003. STATEMENT OF PURPOSE. The purpose of this chapter is to prevent the introduction and subsequent dissemination of plant pests into Idaho through the movement of nursery stock and other plants and plant products. This chapter provides for the regulation of plant material and plant pests moving into Idaho and establishes provisions under which such plant material and products may legally enter the state. This chapter also establishes provisions for the establishment of interstate and intrastate quarantines to restrict the movement of nursery stock, plant pests and plant products.
History:
[22-2003, added 2002, ch. 89, sec. 2, p. 211.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2004 - DUTIES OF THE DEPARTMENT.

22-2004. DUTIES OF THE DEPARTMENT. The department may control and prevent, by such means as shall be prescribed and provided by law, rule, or by order of the department, all contagious, infectious and plant pests destructive to the state’s agricultural, forestry or horticultural interests or to the state’s general environmental quality.
History:
[22-2004, added 2002, ch. 89, sec. 2, p. 211.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2006 - PROMULGATION OF RULES — COLLECTION AND DEPOSIT OF FEES AND PENALTIES.

22-2006. PROMULGATION OF RULES — COLLECTION AND DEPOSIT OF FEES AND PENALTIES. (1) The director is hereby authorized to promulgate rules:
(a) Necessary for the efficient enforcement of the provisions of this chapter including, but not limited to: setting of quarantine boundaries, requirements for importing and exporting plant materials, planting, testing, sampling, inspection, certification, compliance verification procedures, recordkeeping procedures, and setting of a schedule of fees for services performed by the department in the administration of this chapter.
(b) To implement and carry out the purposes of this chapter to control and prevent the spread of plant pests within the state and from within the state to points outside the state.
(c) To regulate nonquarantine species, exempt species and federally quarantined species.
(2) All revenues from fees and penalties collected as authorized under this chapter shall be deposited to the agricultural department inspection fund created pursuant to section 22-105, Idaho Code.
History:
[22-2006, added 2002, ch. 89, sec. 2, p. 216.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2007 - AUTHORITY TO CONDUCT INSPECTIONS — ENTRY ON LANDS.

22-2007. AUTHORITY TO CONDUCT INSPECTIONS — ENTRY ON LANDS. (1) The director may enter into each county of the state for the purpose of inspecting, examining and determining thereby the healthfulness and general condition of the environmental, horticultural, forestry and agricultural interests.
(2) In order to accomplish the purposes of this chapter, the director may enter upon and inspect any public or private premises, lands, or means of conveyance, or article of any person within this state, for the purpose of inspecting, surveying, treating, controlling or destroying any plant or plant pest.
History:
[22-2007, added 2002, ch. 89, sec. 2, p. 217.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2008 - DISCOVERY OF PLANT PESTS — OFFICIAL MARKING OF INFESTED OR INFECTED ARTICLES — REPORTING THE DETECTION OF PLANT PESTS.

22-2008. DISCOVERY OF PLANT PESTS — OFFICIAL MARKING OF INFESTED OR INFECTED ARTICLES — REPORTING THE DETECTION OF PLANT PESTS. (1) Upon knowledge of the existence of a regulated pest or a pest that may cause significant damage or harm within the state, the department is authorized to conspicuously mark all plants, materials and articles known or suspected to be infected or infested with the pest. The department shall notify the person, owner or the tenant in possession of the premises or area in question of the existence of the pest and of the prescribed control measures. The aforementioned person shall, within the prescribed time limit, implement the conditions of the department’s hold order or stop sale or be subject to civil penalties.
(2) The state plant regulatory official shall immediately report the detection of new plant pests within the state to the director and to the U.S. department of agriculture. Other state plant regulatory officials shall be notified as deemed necessary.
History:
[22-2008, added 2002, ch. 89, sec. 2, p. 217.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2009 - HOLD ORDER OR STOP SALE.

22-2009. HOLD ORDER OR STOP SALE. The director may issue hold orders or stop sales to take prompt regulatory action in plant pest emergencies on any plant, article, or commodity entering this state in violation of this chapter or rules promulgated hereunder.
History:
[22-2009, added 2002, ch. 89, sec. 2, p. 217.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2010 - CONTROL ORDERS — CONTROL OF NUISANCES — LIENS AND COST RECOVERY.

22-2010. CONTROL ORDERS — CONTROL OF NUISANCES — LIENS AND COST RECOVERY. (1) If upon any complaint or inspection, there is found any pest injurious to plants, or an imminent potential threat of any pests injurious to any plants, the director shall notify the owner or the person in charge or in possession of such places, fields, plants or other articles. The director shall issue a control order requiring such owner or person to control said injurious pests or to take such steps as may be necessary to remove the imminent potential threat of pests within a reasonable time to be specified. The control order shall be served in person or in writing, or it may be served in the same manner as a summons in a civil action, on the owner or person owning or in charge or in possession of such infested places, rights-of-way, fields or plants.
(2) If the owner or person in charge of any property on which there are plants or other articles infested with any pest thereof, or any article known to be a host of a pest, after having been issued a control order to control such pests or articles, shall fail, neglect or refuse to do so, then all such property, plants and articles are declared to be a public nuisance and shall be proceeded against as such. When such nuisance shall exist on any property within the state, the department shall cause such nuisance to be controlled at once by disinfecting or destroying the infested articles or host material. The expense of such proceedings shall be paid for by the state pursuant to section 22-2019, Idaho Code, subject to the provisions of subsection (3) of this section.
(3) All sums so paid for carrying out the provisions of this section shall be a legal charge against such property and if not paid within thirty (30) days from the time when demand therefor is first made upon the owner of such property by the department controlling such nuisance, shall be certified by the said department to the tax collector of the county wherein the property is situated and thereafter shall constitute a lien upon such property and such sum shall be added by said tax collector to the general taxes assessed against said property which becomes due the next year thereafter and shall be collected by him in the same manner and with the same penalties as such other taxes. Nothing contained in this section shall be construed to require satisfaction of the obligation imposed hereby in whole or in part from the sale of property or to bar the application of any other or additional remedy otherwise available. Amounts collected under this subsection shall be paid into the state treasury and credited to the general fund.
History:
[22-2010, added 2002, ch. 89, sec. 2, p. 217.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2012 - QUARANTINES.

22-2012. QUARANTINES. The director, by and with the approval of the governor, may, after investigations or hearings, establish, maintain and enforce quarantines as the director deems necessary to protect any and all plants against infestation or infection by any plant pest, new to or not heretofore widely prevalent or distributed within or throughout the state of Idaho. Quarantine rules issued under this chapter shall be promulgated in accordance with chapter 52, title 67, Idaho Code.
History:
[22-2012, added 2002, ch. 89, sec. 2, p. 218.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2014 - REPEAL OF QUARANTINES.

22-2014. REPEAL OF QUARANTINES. The director, by and with the approval of the governor, may repeal a quarantine when its purposes have been accomplished, or if the progress of events has clearly proved that the desired end is not possible to attain by the restrictions adopted. The quarantine shall be promptly reconsidered, either with a review or repeal or with intent of substituting other measures. Before any such repeal of a quarantine shall become effective, the same shall be approved by the governor and shall be signed in duplicate by him, and one (1) copy thereof shall be filed in the office of the secretary of state and the other in the office of the director. Quarantine rules issued under this chapter must be repealed in accordance with chapter 52, title 67, Idaho Code.
History:
[22-2014, added 2002, ch. 89, sec. 2, p. 221.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2015 - LISTING OF REGULATED NONQUARANTINE PESTS AND RESTRICTIONS BY RULES.

22-2015. LISTING OF REGULATED NONQUARANTINE PESTS AND RESTRICTIONS BY RULES. The director may promulgate rules listing regulated nonquarantine pests and specify restrictions for specific plant pests with a specified economically unacceptable impact to Idaho agriculture.
History:
[22-2015, added 2002, ch. 89, sec. 2, p. 221.]
2023 Idaho Code › Title 22 - AGRICULTURE AND HORTICULTURE › Chapter 20 - IDAHO PLANT PEST ACT OF 2002 › Section 22-2018 - RESEARCH AND INVESTIGATION OF PLANT PEST PROBLEMS AND CONTROL.

22-2018. RESEARCH AND INVESTIGATION OF PLANT PEST PROBLEMS AND CONTROL. As deemed necessary, the director may fund research to prevent the introduction or spread of plant pests causing or having the potential to cause significant damage or harm in the state, and to investigate the feasibility of their control.
History:
[22-2018, added 2002, ch. 89, sec. 2, p. 223.]