reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.230 - MEASUREMENT OF CONTAINER-TYPE COMMODITIES, HOW EXPRESSED

Current through August 31, 2023
01.
General
. Commodities
			 designed and sold at retail to be used as containers for other materials or
			 objects, such as bags, cups, boxes, and pans, must be labeled with the
			 declaration of net quantity as follows: (3-15-22)
a. For bag-type commodities, in terms of
			 count followed by linear dimensions of the bag (whether packaged in a
			 perforated roll or otherwise). (3-15-22)
b. When the unit bag is characterized by two
			 (2) dimensions because of the absence of a gusset, the width and length will be
			 expressed in inches, except that a dimension of two (2) feet or more will be
			 expressed in feet with any remainder in terms of inches or common or decimal
			 fractions of the foot. (Example: "25 bags, 17 in x 20 in" or "100 bags, 20 in x
			 2 ft 6 in" or "50 bags, 20 in x 2-1/2 ft"). (3-15-22)
c. When the unit bag is gusseted, the
			 dimensions will be expressed as width, depth, and length, in terms of inches,
			 except that any dimension of two (2) feet or more will be expressed in feet
			 with any remainder in terms of inches or the common or decimal fractions of the
			 foot. (Examples: "25 bags, 17 in x 4 in x 20 in" or "100 bags, 20 in x 12 in x
			 2-1/2 ft"). (3-15-22)
d. For other
			 square, oblong, rectangular, or similarly shaped containers, in terms of count
			 followed by length, width, and depth, except depth need not be listed when less
			 than two (2) inches. (Example: "2 cake pans, 8 in x 8 in" or "roasting pan, 12
			 in x 8 in x 3 in"). (3-15-22)
e.
			 For circular or other generally round-shaped containers, except cups, and the
			 like in terms of count followed by diameter and depth, except depth need not be
			 listed when less than two (2) inches. (Example: "4 pie pans, 8 in diameter x 4
			 in"). (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.250 - EXEMPTIONS

Current through August 31, 2023
01.
General
. Whenever any
			 consumer commodity or package of consumer commodity is exempted from the
			 requirements for dual quantity declaration, the net quantity declaration
			 required to appear on the package must be in terms of the largest whole unit
			 (except see Subsection
			 220.04.c., Multi-Unit
			 Packages). (3-15-22)
02.
Random Packages
. A random package bearing a label conspicuously
			 declaring: (3-15-22)
a. The net weight;
			 (3-15-22)
b. The price per pound,
			 or other unit of weight, measure or count; and (3-15-22)
c. The total price is exempt from the type
			 size, dual declaration, placement, and free area requirements of this rule. In
			 the case of a random package packed at one place for subsequent sale at
			 another, neither the price per unit of weight nor the total selling price need
			 appear on the package, provided the package label includes both such prices at
			 the time it is offered or exposed for sale at retail. This exemption also
			 applies to uniform weight packages of cheese and cheese products labeled in the
			 same manner and by the same type of equipment as random packages exempted by
			 this section. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.260 - VARIATIONS TO BE ALLOWED

Current through August 31, 2023
01.
Packaging
			 Variations
. (3-15-22)
a. Variations
			 from Declared Net Quantity. Variations from the declared net weight, measure,
			 or count are permitted when caused by unavoidable deviations in weighing,
			 measuring, or counting the contents of individual packages that occur in good
			 packaging practice, but such variations are not permitted to such extent that
			 the average of the quantities in the packages of a particular commodity, or a
			 lot of the commodity that is kept, offered, or exposed for sale, or sold, is
			 below the quantity stated, and no unreasonable shortage in any package is
			 permitted, even though overages in other packages in the same shipment,
			 delivery, or lot compensate for such shortage. Variations above the declared
			 quantity may not be unreasonably large. (3-15-22)
b. Variations Resulting from Exposure.
			 Variations from the declared weight or measure are permitted when caused by
			 ordinary and customary exposure to conditions that normally occur in good
			 distribution practice and that unavoidably result in change of weight or
			 measure, but only after the commodity is introduced into intrastate commerce,
			 provided that the phrase "introduced into intrastate commerce" as used in this
			 paragraph must be construed to define the time and the place at which the first
			 sale and delivery of a package is made within the state, the delivery being
			 either: (3-15-22)
i. Directly to the purchaser
			 or to his agent; or (3-15-22)
ii.
			 To a common carrier for shipment to the purchaser, and this paragraph must be
			 construed as requiring that, so long as a shipment, delivery, or lot of
			 packages of a particular commodity remains in the possession or under the
			 control of the packager or the person who introduces the package into
			 intrastate commerce, exposure variations are not permitted.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.270 - MISLEADING PACKAGES

Current through August 31, 2023
No commodity in package form may be so wrapped, nor be in a
				container so made, formed, or filled as to mislead the purchaser as to the
				quantity of the package, and the contents of a container must not fall below
				such reasonable standard of fill as may have been prescribed for the commodity
				in question by the Director. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.271 - ADVERTISING PACKAGES FOR SALE

Current through August 31, 2023
Whenever a packaged commodity is advertised in any manner with
				the retail price stated, there must be closely and conspicuously associated
				with the retail price a declaration of quantity as is required by law or rule
				to appear on the package. Where a dual declaration is required, only the
				declaration that sets forth the quantity in terms of the smaller unit of weight
				or measure need appear in the advertisement. And provided further, that there
				must not be included as part of the package declaration required under this
				section such qualifying terms as "when packed," "minimum," "not less than," or
				any other terms of similar import, nor any term qualifying a unit of weight,
				measure, or count (for example, "jumbo," "giant," "full," and the like) that
				tends to exaggerate the amount of commodity in the package. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.300 - PETROLEUM PRODUCTS

Current through August 31, 2023
01.
Liquefied
			 Petroleum
. Liquefied petroleum gas is considered to be a petroleum
			 product and must be sold only by weight or liquid measure as provided in
			 Sections 71-232 and
			 71-241, Idaho Code, of the Idaho
			 Weights and Measures Law. (3-15-22)
02.
Metering System
			 Installation
. A liquefied petroleum gas metering system installation
			 must be complete, that is, so installed to insure that liquefied petroleum gas
			 is maintained in a liquid state while being metered. This includes an adequate
			 means for vapor elimination upstream of meter and a properly installed and
			 functioning differential valve downstream from meter. (3-15-22)
03.
Maintaining Scales
. Scales
			 used for liquefied petroleum gas bottle filling must be maintained in an
			 adequate and accurate functioning condition. This means the periodic checking
			 by a competent scale repairman, and checked regularly by your company's
			 serviceman for any foreign material and clearances around lever system and
			 working parts. Scales must be installed so that they are protected against
			 weather effects so that weight value indicating elements can be accurately
			 read. (3-15-22)
04.
Gauge
			 Stick Measurement
. Petroleum products are not to be sold by gauge stick
			 measurement. (3-15-22)
05.
Single Meters
. Trucks with a single meter which are used to meter
			 oils and gasolines must be calibrated and adjusted on one of the following
			 only: furnace or heating oils, diesel fuels, kerosene and/or high flash
			 solvents. (3-15-22)
06.
Compressed Natural Gas
. All compressed natural gas kept, offered
			 or exposed for sale and sold at retail as a vehicle fuel must be measured in
			 terms of mass, and indicated in gasoline gallon equivalent (GGE), diesel gallon
			 equivalent (DGE) units, or mass. (3-15-22)
07.
Liquefied Natural Gas
. All
			 liquefied natural gas kept, offered, or exposed for sale and sold at retail as
			 a vehicle fuel must be measured in terms of mass, and indicated in diesel
			 gallon equivalent (DGE) units, or mass. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.350 - SALE AND LABELING OF GASOLINE WHICH CONTAINS OXYGENATES

Current through August 31, 2023
01.
Pump Labeling Requirements
.
			 (3-15-22)
a. All spark ignition engine fuel
			 kept, offered, or exposed for sale, or sold, at retail containing at least one
			 percent (1%) by volume and not more than ten percent (10%) by volume of any
			 oxygenate or combination of oxygenates must be identified as "with" or
			 "containing" (or similar wording) the specific type of oxygenate(s) in the
			 engine fuel. For example, the label may read "contains ethanol" or "with
			 MTBE/ETBE." This information must be posted on the upper fifty percent (50%) of
			 the dispenser front panel in a position clear and conspicuous from the driver's
			 position, in a type at least one half (1/2) inch in height, one-sixteenth
			 (1/16) inch stroke (width of type). (3-15-22)
b. The labels are to be furnished by the
			 retail owner or operator. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.351 - BIODIESEL

Current through August 31, 2023
Identification and labeling requirements for biodiesel.
				(3-15-22)
01.
Identification of
			 Product
. Biodiesel and biodiesel blends must be identified by the
			 capital letter B followed by the numerical value representing the volume
			 percentage of biodiesel fuel. (Examples: B10, B20, B100). (3-15-22)
02.
Labeling of Retail
			 Dispensers
. Each retail dispenser of biodiesel or biodiesel blend
			 containing more than five percent (5%) must be labeled with the capital letter
			 B followed by the numerical value representing the volume percentage of
			 biodiesel fuel and ending with the either "biodiesel" or "biodiesel blend."
			 (Examples: B10 biodiesel, B20 biodiesel blend). (3-15-22)
a. The label must have letters in bold face
			 block not less than one-half (1/2) inch high, with the lettering clearly
			 legible on a contrasting background. (3-15-22)
b. The label must be displayed on both faces
			 of the dispenser on the upper one-half (1/2) of the dispenser as near the unit
			 price display as practical. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.400 - UNATTENDED VENDING MACHINES

Current through August 31, 2023
01.
Vending
			 Machine Displays
. Any coin or currency operated device which
			 automatically dispenses consumer commodities or consumer packages without a
			 full-time attendant must clearly display a sign or signs showing the following
			 facts: (3-15-22)
a. The name of the commodity
			 or commodities dispensed; (3-15-22)
b. The brand name or names of the commodity
			 or commodities dispensed; (3-15-22)
c. A statement of the quantity of each
			 commodity or package to be dispensed through the device, except that this
			 paragraph does not apply to candy bars, gum, or cigarettes; (3-15-22)
d. The name, city, street address, state, and
			 telephone number of the local distributor or operator of such device.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.500 - BREAD

Current through August 31, 2023
Each loaf of bread kept, offered, or exposed for sale, whether
				or not the bread is packaged or sliced, must be sold by weight, as per Section
				71-236 of Title 71, Chapter 2,
				Idaho Code. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.600 - SINGLE DRAFT VEHICLE WEIGHING

Current through August 31, 2023
A highway vehicle or a coupled highway-vehicle or a coupled
				highway-vehicle combination must be commercially weighed on a vehicle scale
				only as a single draft. That is, the total weight of such a vehicle or
				combination may not be determined by adding together the results obtained by
				separately and not simultaneously weighing each end of such vehicle or
				individual elements of such coupled combination. However: (3-15-22)
01.
Coupled Combination
. The
			 weight of a coupled combination may be determined by uncoupling the various
			 elements (tractor, semitrailer, trailer), weighing each unit separately as a
			 single draft, and adding together the results. (3-15-22)
02.
Vehicle
. The weight of a
			 vehicle or coupled-vehicle combination may be determined by adding together the
			 weights obtained while all individual elements are resting simultaneously on
			 more than one (1) scale platform. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.14 - RULES FOR WEIGHTS AND MEASURES › Section 02.02.14.650 - RULE FOR NATIONAL TYPE EVALUATION

Current through August 31, 2023
01.
Application
. This rule applies to all classes of devices and
			 equipment as covered in the National Institute of Standards and Technology
			 Handbooks 44, 105-1, 105-2, and 105-3. (3-15-22)
02.
Certificate of Conformance
.
			 The Director may require any weight or measure, or any weighing or measuring
			 instrument or device to be issued a Certificate of Conformance prior to use for
			 commercial or law enforcement purposes. (3-15-22)
03.
Participating Laboratory
.
			 The Director is authorized to operate a participating laboratory as part of the
			 National Type Evaluation Program. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 02.02.15, "Rules
			 Governing the Seed Indemnity Fund." (3-15-22)
02.
Scope
. These rules clarify
			 the procedure for licensing, collection and remittance of assessments,
			 determining claim value, maintaining electronic records, use of electronic
			 scales and remedies of the ISDA for noncompliance. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.010 - DEFINITIONS

Current through August 31, 2023
The Idaho State Department of Agriculture adopts the
				definitions set forth in Section
				22-5102, Idaho Code. In addition,
				as used in this chapter, "type" means the class of seed (i.e. foundation,
				certified, registered, noncertified). (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.011 - ABBREVIATIONS

Current through August 31, 2023
01.
GAAP
. Generally Accepted
			 Accounting Principles. (3-15-22)
02.
ISDA
. Idaho State Department
			 of Agriculture. (3-15-22)
03.
SIF
. The Idaho Seed Indemnity Fund. (3-15-22)
04.
USPS
. United States Postal
			 Service. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.012 - DELIVERY VOUCHER

Current through August 31, 2023
If there are no receipts or scale weight tickets issued at the
				time of seed crop delivery, a delivery voucher may be issued. A delivery
				voucher is a document that may be used as written evidence of transfer in
				accordance with Section
				22-5102(16),
				Idaho Code, evidencing delivery of producer's seed crop to seed buyer and
				includes, but is not limited to: (3-15-22)
01.
Producer
. The full name,
			 address and phone number of the producer. (3-15-22)
02.
Seed Buyer
. The full name,
			 address and phone number of the seed buyer. (3-15-22)
03.
Ship To
. The full name,
			 address and phone number of the seed facility that the seed crop is to be
			 transferred. (3-15-22)
04.
Transportation Company
. The name, address and phone number of the
			 transportation company delivering the seed crop to the seed facility. The
			 truck, trailer and seal number, if applicable, driver name (printed), signature
			 and date of transfer. (3-15-22)
05.
Seed Crop Shipped
. For each seed crop delivery, the type, kind,
			 variety, estimated volume or weight and date of shipment and container
			 identification markings. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.013 - WAREHOUSE RECEIPTS

Current through August 31, 2023
The following information is required on each warehouse
				receipt: (3-15-22)
01.
Name of
			 Producer
. (3-15-22)
02.
Name and Address of Seed Buyer
. (3-15-22)
03.
Kind of Seed Crop
.
			 (3-15-22)
04.
Date of
			 Delivery
. (3-15-22)
05.
Weight of Seed Crop Delivered
. (3-15-22)
06.
Lot Identification
.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.014 - SCALE WEIGHT TICKETS

Current through August 31, 2023
Scale weight tickets for electronic scales that are recorded
				and maintained electronically are exempt from the sequentially numbered and in
				triplicate requirement. (3-15-22)
01.
Pre-Numbered Scale Tickets
. If a seed buyer has access to a scale
			 that can be used for weighing seed, the seed buyer is to use pre-numbered scale
			 tickets. (3-15-22)
02.
Numerical Order Requirement
. A copy of each ticket must be
			 maintained in numerical order. (3-15-22)
03.
Custom Scale Requirement
. If
			 a seed buyer does not have access to a scale and has seed crop custom weighed
			 at various locations, the seed buyer must maintain a copy of the scale ticket
			 in chronological order as part of the seed crop records. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.026 - LICENSE

Current through August 31, 2023
01.
Posting of License
.
			 Immediately upon receipt of the license or any renewal, extension or
			 modification thereof under Title 22, Chapter 51, Idaho Code, the licensed seed
			 buyer must post the license in a conspicuous place in each place of business or
			 in any other place as the director may determine. The ISDA will issue a
			 duplicate license for each additional seed facility. (3-15-22)
02.
License Fee
. If an applicant
			 is not licensed pursuant to the "Pure Seed Law," Title 22, Chapter 4, Idaho
			 Code, the license fee is equal to the out-of-state license fees, pursuant to
			 Title 22, Chapter 4, and will be deposited to the state treasury and credited
			 to the SIF. (3-15-22)
03.
Return of Suspended or Terminated License
. If a license issued to
			 a seed buyer has lapsed or is suspended, revoked or canceled by the director,
			 the license and all duplicates shall be returned to the ISDA. At the expiration
			 of any period of suspension, revocation or cancellation, the license will be
			 returned to the seed buyer to whom it was originally issued and be posted as
			 prescribed by these rules. (3-15-22)
04.
Loss of License
. Upon
			 satisfactory proof of the loss or destruction of a license issued to a seed
			 buyer, a duplicate may be issued under the same number or a new number at the
			 discretion of the director. (3-15-22)
05.
License Reinstatement Fee
.
			 If license renewal material is received by the ISDA after the current license
			 has expired, but no later than thirty (30) days past due, a reinstatement fee
			 of one hundred dollars ($100) will be assessed. If license renewal material is
			 received after the thirty (30) day late period it will be considered an
			 original license application and will be assessed a license fee equal to the
			 requirements of Section
			 026. The exemption for license fees
			 in Section
			 22-5103(3)(a),
			 Idaho Code, will not apply to license renewals that have been received by the
			 ISDA later than thirty (30) days. Fees collected by this subsection will be
			 deposited in the state treasury and credited to the SIF account.
			 (3-15-22)
06.
Additional
			 License Application Information
. The ISDA may request additional license
			 information including, but not limited to: (3-15-22)
a. Names of officers of corporations or
			 limited liability companies. (3-15-22)
b. Company information as required in the
			 application form. (3-15-22)
c.
			 Outstanding producer financial obligations. (3-15-22)
d. Name and address of banks that handle
			 business accounts. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.036 - AMOUNT OF BOND FOR SEED STORED FOR WITHDRAWAL

Current through August 31, 2023
For the purpose of calculating the bond required pursuant to
				Section 22-5105, Idaho Code, the value for
				seed stored for withdrawal is calculated by either using the commonly accepted
				market price of similar seed crops within the same geographic location or equal
				to the average value of the same kind of seed crop owned by the seed buyer,
				whichever is greater, as determined by ISDA. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.037 - AMOUNT OF BOND, IRREVOCABLE LETTER OF CREDIT, CERTIFICATE OF DEPOSIT, OR SINGLE BOND

Current through August 31, 2023
01.
Bonding
			 Requirement
. The amount of bond to be furnished will be fixed at a rate
			 pursuant to Section
			 22-5105, Idaho Code.
			 (3-15-22)
02.
Single Bond,
			 Irrevocable Letter of Credit or Certificate of Deposit
. For the purposes
			 of licensing as a seed buyer pursuant to Title 22, Chapter 51, Idaho Code, and
			 as a warehouseman pursuant to Title 69, Chapter 2, Idaho Code, or as a
			 commodity dealer pursuant to Title 69, Chapter 5, Idaho Code, a single bond,
			 irrevocable letter of credit or certificate of deposit will be fixed at
			 whichever of the following amounts is greater: (3-15-22)
a. Combined total indebtedness paid and owed
			 to producers for seed crop and agricultural commodity, without any deductions,
			 for the previous license year; or (3-15-22)
b. The indebtedness owed and estimated to be
			 owed to producers for seed crop and agricultural commodity, without any
			 deductions, for the current license year. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.047 - MAINTENANCE OF RECORDS

Current through August 31, 2023
All records and accounts required under Title 22, Chapter 51,
				Idaho Code, are kept separate and distinct from all records and accounts of any
				other business of the seed buyer and be subject to inspection by the Director
				at any reasonable time. Electronic records may be maintained outside of Idaho
				provided they are available for examination by the ISDA within the state at any
				reasonable time. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.050 - INSURANCE REQUIREMENTS

Current through August 31, 2023
01.
Insurance
			 Coverage
. Pursuant to Section
			 22-5114, Idaho Code, the seed
			 buyer must maintain a commercial property policy for loss against, but not
			 limited to: (3-15-22)
a. Loss from fire;
			 (3-15-22)
b. Loss from internal
			 explosion; (3-15-22)
c. Loss from
			 lightning; (3-15-22)
d. Loss from
			 tornado. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.060 - NONCOMPLIANCE - REQUIREMENTS

Current through August 31, 2023
If a seed buyer is not meeting its obligations to producers,
				does not have the ability to pay producers, or refuses to submit records and
				papers for lawful inspection, the ISDA will give written notice to the seed
				buyer and direct the seed buyer to comply with all of the following
				requirements within ten (10) working days or as agreed to by the ISDA.
				(3-15-22)
01.
Additional
			 Security Requirements
. If it appears the licensee does not have the
			 ability to pay producers for seed crops transferred, or when it appears the
			 licensee does not have a sufficient net worth to outstanding financial
			 obligations ratio, the ISDA may require the licensee to post a bond or other
			 additional acceptable security in the amount of two thousand dollars ($2,000)
			 for each one thousand dollars ($1,000) or fraction thereof of deficiency.
			 (3-15-22)
02.
Provide an
			 Audited or Reviewed Financial Statement
. The ISDA may require the
			 licensee to submit an audited or reviewed financial statement prepared for the
			 current financial accounting year by an independent certified public accountant
			 or licensed public accountant. The audited or reviewed financial statement is
			 to be prepared in accordance with GAAP. The ISDA may request a follow-up review
			 of the submitted financial statement. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.070 - HOW ASSESSMENTS ARE TO BE CALCULATED

Current through August 31, 2023
Pursuant to Section
				22-5121, Idaho Code, all seed
				buyers must collect assessments from producers who transfer seed crop or store
				for withdrawal. Assessments are calculated as follows: (3-15-22)
01.
Contract
. Assessments are
			 collected on the gross dollar amount, without any deduction, owed to, or paid,
			 or to be paid, on behalf of the producer of the seed crop. (3-15-22)
02.
Seed Stored for Withdrawal
.
			 On the clean or estimated clean weight at the time the seed crop is withdrawn
			 from the seed facility: (3-15-22)
a. The
			 initial rate of assessment for cereal grain, lentil, pea, and dry edible bean
			 and oil seed stored for withdrawal is not to exceed one hundredth (1/100) cent
			 per pound. (3-15-22)
b. The initial
			 rate of assessment for all seed crops stored for withdrawal other than seed
			 crops pursuant to Section
			 070, is not to exceed one half
			 (1/2) cent per pound. (3-15-22)
c.
			 The SIF advisory board will review the assessment rate annually and make
			 recommendations for change, as necessary, to the director. (3-15-22)
d. If the amount of assessment for a producer
			 on all seed stored for withdrawal made in a calendar year is calculated to be
			 less than fifty cents ($.50), no assessment will be collected.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.080 - COLLECTION AND REMITTANCE OF SIF ASSESSMENTS

Current through August 31, 2023
SIF assessments are collected from obligations owed to the
				producer or at the time of withdrawal by the seed buyer and remitted to the
				ISDA. If assessment is paid by mail the payment must be postmarked no later
				than the twentieth day of the month following the close of the quarter to avoid
				interest and penalty charges. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.090 - CLAIM FORMS AND PAYMENT FROM THE FUND

Current through August 31, 2023
01.
Claim
			 Forms
. Claim forms will be provided either via the USPS, by electronic
			 transfer by the ISDA, or other commercial means. (3-15-22)
02.
Contract
. If the seed crop
			 is contracted, the value of the contract price of the seed crop, at the time of
			 payment, may be used to determine payment from the SIF. (3-15-22)
03.
Not Contracted or Stored for
			 Withdrawal
. If the seed crop is not contracted or stored for withdrawal,
			 the value for payment from the SIF will be determined by a survey of prices,
			 for similar seed crops and similar seed facilities, within the same geographic
			 location as the failed seed buyer. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.02.15 - RULES GOVERNING THE SEED INDEMNITY FUND › Section 02.02.15.100 - EXEMPTIONS

Current through August 31, 2023
Producers are not eligible to participate in SIF and no
				assessments will be collected from: (3-15-22)
01.
Producers With a Financial or
			 Management Interest
. Producers that have a financial or management
			 interest in a seed facility, except members of a cooperative marketing
			 association qualified under Title 22, Chapter 26, Idaho Code.
			 (3-15-22)
02.
Producers That
			 Sell or Transfer to Another Producer
. Producers that sell to another
			 producer, none of which are seed buyers. (3-15-22)
03.
Deliveries or Transfers to
			 Unlicensed Seed Facilities
. Producers that deliver or transfer seed
			 crops to an unlicensed facility. (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Sections
				22-3418,
				22-3419, and
				22-3421, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 02.03.01, "Rules
			 Governing Pesticide Management Plans for Ground Water Protection."
			 (3-31-22)
02.
Scope
.
			 This chapter establishes a process for responding to pesticide detections in
			 ground water. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
There is no provision for administrative appeal before the
				Idaho Department of Agriculture under this chapter. Hearing and appeal rights
				are pursuant to Title 67, Chapter 52, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.004 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference into this
				chapter: (3-31-22)
01.
Dimethyl
			 Tetrachloroterephthalate (DCPA) Pesticide Management Plan
. The June 2007
			 edition published by the Idaho State Department of Agriculture. Copies of this
			 document may be obtained from the Idaho State Department of Agriculture.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.005 - ADDRESS, OFFICE HOURS, TELEPHONE, FAX NUMBERS, WEB ADDRESS

Current through August 31, 2023
The Idaho State Department of Agriculture central office is
				located at 2270 Old Penitentiary Road, Boise, ID 837128298. The office is open
				from 8 a.m. to 5 p.m., except Saturday, Sunday, and legal holidays. The mailing
				address is PO Box 7249, Boise, Idaho 83707. The phone number is (208) 332-8500
				and the fax number is (208) 334-2170. The Department web address is
https://agri.idaho.gov/
.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.011 - ABBREVIATIONS

Current through August 31, 2023
01.
APAP
. Agricultural Pollution
			 Abatement Plan. (3-31-22)
02.
BMP
. Best Management Practice. (3-31-22)
03.
DCPA
. Dimethyl
			 Tetrachloroterephthalate. (3-31-22)
04.
DEQ
. Department of
			 Environmental Quality. (3-31-22)
05.
EPA
. Environmental
			 Protection Agency. (3-31-22)
06.
HAL
. Health Advisory Level. (3-31-22)
07.
MCL
. Maximum Contaminant
			 Level. (3-31-22)
08.
NRCS
. Natural Resources Conservation Service. (3-31-22)
09.
PMP
. Pesticide Management
			 Plan. (3-31-22)
10.
QAPP
. Quality Assurance Project Plan. (3-31-22)
11.
QMP
. Quality Management
			 Plan. (3-31-22)
12.
RfD
. Reference Dose. (3-31-22)
13.
SCC
. Soil Conservation
			 Commission. (3-31-22)
14.
USDA
. United States Department of Agriculture. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.050 - CHEMICAL SPECIFIC PMPS

Current through August 31, 2023
01.
Creating
			 PMPs
. The Director shall develop and implement chemical specific PMPs
			 (Section 200) for certain pesticides in
			 geographical areas as determined in Section
			 400 when: (3-31-22)
a. The level of a pesticide found in ground
			 water is equal to or greater than fifty percent (50%) of the reference point
			 and is scientifically validated; (3-31-22)
b. EPA restricts the sale or use of a
			 pesticide in the state, or otherwise initiates action against a pesticide
			 because of ground water concerns for a pesticide, unless such PMP is not deemed
			 necessary by the Director; (3-31-22)
c. EPA's action, restriction, or prohibition
			 will be implemented unless the state develops an adequate PMP; or
			 (3-31-22)
d. A pesticide is
			 conditionally registered by EPA because of ground water concerns.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.100 - CONTENTS OF A CHEMICAL SPECIFIC PMP

Current through August 31, 2023
01.
Required
			 Elements of a PMP
. (3-31-22)
a. Actions
			 to prevent pesticide contamination that are based on beneficial uses and
			 vulnerability that address applicable aspects of the pesticide use; and
			 (3-31-22)
b. Actions to prevent or
			 minimize further presence of the pesticide in ground water and to provide
			 protection for the present and projected future beneficial use of the ground
			 water. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.101 - MANAGEMENT PLANS ADOPTED BY RULEMAKING AND REVIEW

Current through August 31, 2023
01.
Adoption Through Rulemaking
. The Director shall adopt chemical
			 specific PMPs through rulemaking. (3-31-22)
02.
PMP Review
. The Director
			 shall review chemical specific PMPs every two (2) years to determine if the
			 requirements contained in the plans need to be modified based on new scientific
			 data and information. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.150 - GROUND WATER QUALITY REFERENCE POINTS

Current through August 31, 2023
01.
Reference Points
. The Director will use reference points for
			 pesticides in ground water, based on the following order of availability:
			 (3-31-22)
a. Idaho rules of DEQ, IDAPA
			 58.01.11, "Ground Water Quality," Subsection
			 200.01.a. specific to
			 pesticide primary constituent standards which were adopted from EPA MCLs; or
			 (3-31-22)
b. EPA Health Advisory
			 Levels (HALs) identified in the 2006 Edition of the EPA Drinking Water
			 Standards and Health Advisories, EPA 822-R-06-013; or (3-31-22)
c. EPA Reference Dose (RfD) identified in the
			 2006 Edition of the EPA Drinking Water Standards and Health Advisories, EPA
			 822-R-06-013; or (3-31-22)
d. A
			 reference point based on: (3-31-22)
i. Best
			 scientific information currently available on adverse effects of the
			 contaminant(s); and (3-31-22)
ii.
			 Protection of a beneficial use(s); and (3-31-22)
iii. Practical quantitation levels for the
			 pesticides, if they exceed the levels identified in IDAPA 58.01.11, "Ground
			 Water Quality Rule," Subsection
			 200.01.a.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.200 - RESPONSE TO A PESTICIDE DETECTION

Current through August 31, 2023
This section describes the four (4) response levels for
				responding to pesticide detections in ground water. (3-31-22)
01.
Level One Response
. When a
			 pesticide or its metabolite(s) is detected at or above the detection limit yet
			 below twenty percent (20%) of the reference point; (3-31-22)
a. The Director shall: (3-31-22)
i. Notify well users or well owners of
			 pesticide(s) detection; (3-31-22)
ii. Continue ground water monitoring;
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.300 - GROUND WATER MONITORING PROGRAMS

Current through August 31, 2023
01.
Monitoring Programs
. The Director shall conduct monitoring
			 programs to: (3-31-22)
a. Determine whether
			 residues of pesticides are present in ground water; (3-31-22)
b. Refine vulnerability mapping products or
			 other assessment tools; (3-31-22)
c. Determine the effectiveness of BMPs; and
			 (3-31-22)
d. Determine the
			 effectiveness of regulatory approaches. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.400 - DETERMINING PESTICIDE AREA BOUNDARIES

Current through August 31, 2023
Section
				400 describes the methods for
				determining the pesticide area boundaries for the response levels in Section
				200. (3-31-22)
01.
Pesticide Area Boundary
			 Factors
. In determining the area of pesticide concern, restricted area,
			 or prohibition area the Director shall implement Section
			 200 and may consider but not be
			 limited to the following factors: (3-31-22)
a. Pesticide detections from reliable ground
			 water test samples; (3-31-22)
b.
			 Number and frequency of detections; (3-31-22)
c. Statistical trends of detections;
			 (3-31-22)
d. Location of
			 detections; (3-31-22)
e.
			 Hydrogeology of the aquifer; (3-31-22)
f. Well depth and construction;
			 (3-31-22)
g. Aquifer vulnerability
			 and susceptibility; (3-31-22)
h.
			 Pesticide physical and chemical characteristics; (3-31-22)
i. Pesticide use; or (3-31-22)
j. Other scientifically defensible
			 information. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.410 - REPEALING SPECIFIC PESTICIDE AREAS

Current through August 31, 2023
01.
Repealing
			 an Area of Pesticide Concern
. The Director may repeal or reduce the size
			 of an area of pesticide concern in response to pesticide contamination in
			 ground water if all the conditions in Subsection
			 410.01 are met: (3-31-22)
a. Tests on at least three (3) consecutive
			 ground water samples, drawn from each well site in the area of pesticide
			 concern at which the concentration of a pesticide and its metabolites
			 previously were found at twenty percent (20%) to fifty percent (50%) of the
			 reference point, show that the concentration at the well sites has fallen to
			 and remains less than twenty percent (20%) of the reference point. The three
			 (3) consecutive samples shall be collected at each well site at intervals of at
			 least six (6) months, with the first sample being collected at least six (6)
			 months after the effective date of the area of pesticide concern designation. A
			 monitoring well approved by the Director may be substituted for any well site
			 which is no longer available for testing. (3-31-22)
b. Tests conducted at other well sites in the
			 area of pesticide concern during the same retesting period, if any, reveal no
			 other concentrations of the pesticide or its metabolites that exceed twenty
			 percent (20%) of the reference point; and (3-31-22)
c. The Director determines, based on credible
			 scientific evidence, that use of a pesticide product in the area of pesticide
			 concern is not likely to cause a renewed detection between twenty percent (20%)
			 to fifty percent (50%) of the reference point. (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.420 - ADVISORY COMMITTEE

Current through August 31, 2023
When pesticide management practices are needed under Section
				200, the Director's advisory
				committee, as established pursuant to Section
				22-103, Idaho Code, shall provide
				appropriate guidance on this rule. This advisory committee shall include but is
				not limited to: applicators from the area of pesticide detection; pesticide,
				water user, and commodity groups; University of Idaho Extension staff and
				specialists; and staff from the USDA, NRCS, SCC, DEQ, and the Department. The
				duties of the advisory committee include but are not limited to the following:
				(3-31-22)
01.
Review Existing
			 Information
. Review the existing information related to the area of
			 pesticide detection and develop pesticide management practices options;
			 (3-31-22)
02.
Recommendations
. Make recommendations to the Director for approval
			 of pesticide management practices prior to implementation at the voluntary and
			 regulatory levels; (3-31-22)
03.
Research
. Evaluate the potential for gaining government or private
			 research or cost share funding; and (3-31-22)
04.
Evaluate Effectiveness
.
			 Review information related to pesticide management practices effectiveness and
			 make recommendations for changing and improving pesticide management practices.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.01 - RULES GOVERNING PESTICIDE MANAGEMENT PLANS FOR GROUND WATER PROTECTION › Section 02.03.01.421 - PESTICIDE USE AND RECORD KEEPING REQUIREMENTS

Current through August 31, 2023
Pursuant to Title 22, Chapter 34, Idaho Code, and IDAPA
				02.03.03, "Rules Governing Pesticide and Chemigation Use and Application," the
				Director shall inspect pesticide records to meet the need as described in
				Section 200.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.03 - RULES GOVERNING PESTICIDE AND CHEMIGATION USE AND APPLICATION › Section 02.03.03.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 02.03.03, "Rules
			 Governing Pesticide and Chemigation Use and Application." (3-15-22)
02.
Scope
. This chapter governs
			 the use and application of pesticides; licensing of pesticide applicators;
			 registration of pesticides; and responsibilities for chemigation in Idaho.
			 (3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.03 - RULES GOVERNING PESTICIDE AND CHEMIGATION USE AND APPLICATION › Section 02.03.03.004 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference:
				(3-15-22)
01.
U.S. Code of
			 Federal Regulations (CFR) Title 40, Part 165, Subpart E.
"Standards for
			 Pesticide Containment Structures," Sections
			 165.80 through
			 165.97 that may be viewed at
https://www.govregs.com/regulations/title40_chapterI_part165_subpartE
.
			 (3-15-22)
02.
U.S. Code of
			 Federal Regulations (CFR) Title 40, Chapter 1, Part 171.
"Certification
			 of Pesticide Applicators" that may be viewed at
https://www.govregs.com/regulations/title40_chapterI_part171
.
			 (3-15-22)
03.
Restrictions
			 For Use Of The Livestock Protection Collars (Compound 1080).
https://agri.idaho.gov/main/wp-content/uploads/2020/06/LPC-RESTRICTIONS.pdf
(3-15-22)
Idaho Administrative Code › Title IDAPA 02 - Agriculture, Department of › Rule 02.03.03 - RULES GOVERNING PESTICIDE AND CHEMIGATION USE AND APPLICATION › Subchapter A - LICENSING OF APPLICATORS AND DEALERS › Section 02.03.03.100 - LICENSING PROFESSIONAL APPLICATORS

Current through August 31, 2023
To obtain a professional applicator's license an applicant
				  must: (3-15-22)
01.
Submit
				Application
. Submit an application prescribed by the Department with
				applicable fee (Section
				250). (3-15-22)
02.
Demonstrate Competence
.
				(3-15-22)
a. Professional applicators may only
				recommend the application or make pesticide applications for any purpose for
				which they have demonstrated competence. Competence is demonstrated by passing
				Department examinations and becoming licensed in the Subsection
				100.04 categories.
				(3-15-22)
b. An applicant will
				demonstrate core competency in the following areas: (3-15-22)
i. Labels and labeling, including
				terminology, instructions, format, warnings and symbols. (3-15-22)
ii. Safety factors and procedures, including
				protective clothing and equipment, first aid, toxicity, symptoms of poisoning,
				storage, handling, transportation and disposal. (3-15-22)
iii. Laws, rules, and regulations governing
				pesticides. (3-15-22)
iv.
				Environmental considerations, including the effect of climate and physical or
				geographical factors on pesticides, and the effects of pesticides on the
				environment, and the animals and plants living in it. (3-15-22)
v. Mixing and loading, including
				interpretation of labels, safety precautions, compatibility of mixtures, and
				protection of the environment. (3-15-22) vi. Methods of use or application,
				including types of equipment, calibration, application techniques, and
				prevention of drift and other types of pesticide migration. (3-15-22)
vii. Pests to be controlled, including
				identification, damage characteristics, biology and habitat.
				(3-15-22)
viii. Types of
				pesticides, including formulations, mode of action, toxicity, persistence, and
				hazards of use. (3-15-22)
ix.
				Chemigation practices involving the application of chemicals through irrigation
				systems, calibration, management, and equipment requirements.
				(3-15-22)
x. Responsibilities of
				supervision of noncertified applicators.
				(3-15-22)