title-22•Title 22 — Agriculture and Horticulture
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
(1) There is hereby created the department of agriculture. The governor shall appoint a director of the department of agriculture, subject to the provisions of section 67-2404, Idaho Code. The director of the department of agriculture shall exercise all of the powers and duties necessary to carry out the proper administration of the department of agriculture. The department of agriculture shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of the state government.
(2) The director shall be a person who is qualified by training, knowledge and demonstrated ability or experience in agricultural pursuits and their management.
(3) The director is empowered to prescribe rules pursuant to law for the governance of the department.
(4) For the purposes of international trade, the director may use the title of secretary of the department.
[22-101, added 1974, ch. 18, sec. 2, p. 364; am. 2000, ch. 144, sec. 1, p. 373.]
(1) The legislature directs that any rule proposed by the director that is broader in scope or more stringent than federal law or regulations, or 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 must 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.
(2)(a) In proposing any rule or portions of any rule pursuant to chapter 49, title 22, Idaho Code, chapter 38, title 25, Idaho Code, or chapters 4 and 6, title 37, Idaho Code, the director shall:
(i) Utilize the best peer reviewed science and supporting studies conducted in accordance with sound and objective scientific practices, if available;
(ii) Utilize data collected by accepted methods, or best available methods, if the reliability of the method and the nature of the decision justify use of the data, provided that special consideration shall be given to site-specific, local, statewide, and regional data, including economic information;
(iii) Explain how the rules are consistent with applicable legislative findings, policy, and intent; and
(iv) Make available for public review and comment, before making a rulemaking decision, all scientific studies, including underlying methodology, intended to be relied upon by the director.
Where not prohibited by federal or state law, the requirements imposed on agricultural operations shall be economically feasible, based on data, studies, and other information that may be presented to the director by interested parties to the rulemaking process.
(b) For purposes of this subsection, "economically feasible" means that the requirements, when viewed singularly and cumulatively with other requirements, and the costs and burden of implementation of the same, on agricultural operations are reasonably achievable and attainable within the physical, operational, economic, and other constraints that affect such agricultural operations and their local communities. The highest cost or most modern management practices should not be the sole basis for rulemaking.
(3) Any proposed rule subject to this section that proposes a standard necessary to protect human health and the environment shall also include in the rulemaking record requirements under chapter 52, title 67, Idaho Code, the following additional information:
(a) Identification of each population or receptor addressed by an estimate of public health effects or environmental effects;
(b) Identification of the expected risk or central estimate of risk for the specific population or receptor;
(c) Identification of each appropriate upper bound or lower bound estimate of risk;
(d) Identification of each significant uncertainty identified in the process of the assessment of public health effects or environmental effects and any studies that would assist in resolving the uncertainty; and
(e) Identification of studies known to the director that support, are directly relevant to, or fail to support any estimate of public health effects or environmental effects and the methodology used to reconcile inconsistencies in the data.
(4) The director shall also include a summary of the information required by subsection (3) of this section in the notice of rulemaking required by chapter 52, title 67, Idaho Code.
(5) Any rule promulgated or adopted by the director that is broader in scope or more stringent than federal law or regulations, or that regulates an activity not regulated by the federal government, submitted to the standing committee of the legislature pursuant to section 67-5291, Idaho Code, shall include a notice by the director identifying the portions of the adopted rule that are broader in scope or more stringent than federal law or rules or that regulate an activity not regulated by the federal government.
(6) Nothing provided herein is intended to alter the scope or effect of any other provision of state law that limits or prohibits agency action or rulemaking that is broader in scope or more stringent than federal law or regulations.
(7) The provisions of this section place conditions on the director’s rulemaking authority, which authority is authorized pursuant to provisions other than those set forth in chapter 1, title 22, Idaho Code. Nothing provided in this section is intended to grant the director additional rulemaking authority.
(8) The requirements of this section shall apply to the director’s promulgation of new rules as well as the amendment, extension, or renewal of rules in effect on the effective date of this act.
[22-101A, added 2011, ch. 233, sec. 1, p. 636; am. 2021, ch. 128, sec. 1, p. 373.]
The director shall organize the department into such divisions and other administrative subunits as may be necessary in order to efficiently administer the department. The director may apportion duties and responsibilities among the divisions and subordinate units.
[22-102, added 1974, ch. 18, sec. 2, p. 364; am. 1981, ch. 40, sec. 1, p. 63.]
The director of the department of agriculture is hereby designated as the authorized agent of this state to aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life or crops for the purposes of issuing permits to persons to shoot or attempt to shoot, capture, harass or kill unprotected or predatory animals, as designated by the director, while such person is airborne in an aircraft, under authority vested in such agency by public laws 92-159 and 92-502.
The director shall issue such permits to applicants at no charge and shall require each permittee to submit a report each calendar quarter. The director also shall file with the United States secretary of the interior an annual report as prescribed in public laws 92-159 and 92-502.
The director is authorized to promulgate such regulations as may be necessary for the effective administration of this subsection. Any violation of such regulations shall constitute a civil offense for which a civil penalty of not to exceed one thousand dollars ($1,000) may be imposed per incident of violation.
[(22-102A) 1976, ch. 95, sec. 2, p. 357; am. and redesignated 22-102A, 1989, ch. 211, sec. 1, p. 520.]
The director of the department of agriculture shall execute the powers and discharge the duties vested by law in him or in the department, including, but not limited to, the following:
(1) Pursuant to chapter 53, title 67, Idaho Code, hire, assign duties and evaluate the performance of all employees of the department.
(2) Designate employees for special assignment, office or function as the needs of the department may require.
(3) Acquire, generate, develop and disseminate information and data concerning agricultural pursuits, productivity and product quality.
(4) Encourage and promote in every practical manner, the interests of agriculture, horticulture, apiculture, aquaculture, the livestock industries, poultry and fowl raising, wool and fur-bearing animals and their allied industries.
(5) Assist, encourage and promote the organization of farmers’ institutes, agricultural, horticultural, management or cooperative societies and organizations for the benefit of agricultural pursuits in this state.
(6) Promote improved methods of production, storage, sales and marketing of agricultural industries.
(7) Establish and promulgate standards of construction, use and sanitation of open and closed receptacles for farm products and standards for grade or other classification of farm products.
(8) Prescribe and promulgate rules governing marks, brands and labels, and the registration thereof, for use upon receptacles for farm products.
(9) Promote, in the interest of the public, economical and efficient use of products and commodities used in the production of agricultural, horticultural, meats and other products and farm commodities and their distribution.
(10) Cooperate with producers, processors and consumers in devising and maintaining economical and efficient systems of distribution and assist in the reduction of waste and expense incidental to the marketing of agricultural products.
(11) Cooperate with the secretary, colleges and universities, experiment stations, and other agencies which cooperate in devising, research and development and utilization of improved agricultural production and other activities.
(12) Investigate the practices, methods of factors, management techniques of commission merchants, track buyers and others who receive, solicit, buy, sell, handle on commission or otherwise, or deal in grains, eggs, livestock, vegetables or other products used as human foods, to the end that distribution of such commodities through such factors, commission merchants, track buyers and others be efficiently and economically accomplished without hardship, waste or fraud.
(13) Enter and inspect any right-of-way of any irrigation canal, railway, public highway, field, orchard, nursery, fruit or vegetable packing house, storeroom, sales room, storage facility, depot or other place where fruits and vegetables are grown or stored and to inspect fruits, trees, plants, vines, shrubs or other articles within the state, and if such places or articles are infested with pests, insects or their eggs or larvae, or with any contagious or transmittable diseases injurious to plant life, to abate or eradicate the same as a nuisance.
(14) Provide treatment for and prevent the spread of infectious or communicable diseases among bees, livestock, fur-bearing animals or domestic animals through the systematic and periodic inspection, testing or treatment of such bees and animals at the expense of the owner thereof.
(15) Protect the livestock interests of the state from losses due to disease or hazards to animal health and communicable to humans through agricultural products. The director is authorized to regulate, as deemed necessary, commercial livestock truck-washing facilities. This includes permitting for the treatment or disposal, at any location, of any wash water generated by the facility. This subsection preempts the Idaho department of environmental quality’s authority to issue land application permits and to do plan and specification reviews under section 39-118, Idaho Code, for livestock truck-washing facilities, but does not affect any other authority of the Idaho department of environmental quality.
(16) Maintain recording of earmarks, eartags or other identifying marks not covered under any other provisions of law.
(17) Purchase, lease, hold, sell, and dispose of real and personal property of the department when, in the judgment of the director, such transactions promote the purposes for which the department is established.
(18) Contract with any state agency, federal agency or agency of another state concerning any matter, program or cooperative effort within the scope and jurisdiction of its authority pursuant to law.
(19) Assist in the improvement of country life, farm occupations and to cooperate in effectuating equality of opportunity of those employed in agricultural pursuits in the state of Idaho.
(20) Investigate diseases, contamination of livestock and poultry, agricultural, horticultural, and farm products suspected to be infected or contaminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botanical or other disease-producing agents, or carrying a residue of any such disease-producing agent or chemical in excess of any tolerance established by federal or state law or regulation and to examine, conduct tests, and issue "hold orders" on any livestock, poultry, agricultural, horticultural or farm products as deemed necessary to effectuate a diagnosis of disease, contamination or chemical level to safeguard and protect animal and man. And additionally, authorize and implement a predator control program on state and private lands using any kind of toxic material or substance suitable for such purpose. Any toxic material or substance shall be approved for use by the director. In order to carry out the provisions of this subsection, the director shall prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code.
(21) May assess an interest charge on accounts that are thirty (30) days past due from the initial billing date or the assessment due date. The interest rate charged shall not exceed twelve percent (12%) per annum.
(22) To take all steps that are deemed necessary to prevent and control damage or conflicts on federal, state, or other public or private lands caused by predatory animals, rodents, or birds, including threatened or endangered wildlife within the state of Idaho, as are established by federal or state law, federal or state regulation, or county ordinance, that are injurious to animal husbandry, agriculture, horticulture, forestry, wildlife and human health and safety.
(23) Administer a range program to provide support, coordination and expertise to Idaho rangeland livestock producers and land and wildlife management agencies for the planning and management of vegetation, grazing permits and other rangeland resources that are of importance to the livestock industry. The program shall also provide technical expertise and support to state and industry entities in reviewing various federal environmental impact statements, federal environmental assessments and other state and federal proposals that impact grazing, vegetation management or other rangeland resources or uses important to the livestock industry.
(24) To administer oaths, certify to all official acts and subpoena any person in this state as a witness; to compel through subpoena the production of books, papers, and records; and to take the testimony of any person on deposition in the same manner as prescribed by law in the procedure before the courts of this state. A subpoena issued by the director shall extend to all parts of the state and may be served by any person authorized to do so. All powers of the director enumerated in this subsection with respect to administering oaths, power of subpoena, and other powers in hearings on complaints shall likewise be applicable to hearings held on applications for the issuance or renewal of licenses.
(25) To appoint, as necessary, committees for the purpose of advising the director on any and all matters relating to agricultural programs within the Idaho department of agriculture.
(26) Cooperate with producers, industry and technology groups, and other agencies to encourage the growth of technology within the state’s agricultural industries while protecting, as necessary, the integrity of existing agriculture and agricultural marketing channels.
[22-103, added 1974, ch. 18, sec. 2, p. 364; am. 1976, ch. 90, sec. 1, p. 304; am. 1978, ch. 238, sec. 1, p. 508; am. 1982, ch. 9, sec. 1, p. 12; am. 1990, ch. 376, sec. 1, p. 1039; am. 1993, ch. 30, sec. 1, p. 98; am. 1994, ch. 96, sec. 1, p. 219; am. 1998, ch. 120, sec. 1, p. 448; am. 2002, ch. 104, sec. 1, p. 282; am. 2006, ch. 220, sec. 1, p. 657; am. 2009, ch. 32, sec. 1, p. 87; am. 2009, ch. 123, sec. 1, p. 388; am. 2010, ch. 79, sec. 4, p. 134; am. 2011, ch. 95, sec. 1, p. 206; am. 2020, ch. 142, sec. 1, p. 433.]
(1) All moneys received by the department of agriculture for any inspection, which the department by law may be authorized or required to make, except those moneys specifically received for and credited to another account or accounts, shall be credited to the agriculture department inspection account, which is hereby created in the treasury of the state of Idaho.
(2) Moneys received by the division of animal industries for sales of licenses, for inspections or fines shall be deposited to the livestock disease control and T.B. indemnity account.
(3) Moneys received by the department of agriculture under the bonded warehouse law and the weightmaster’s licensing act shall be deposited to the credit of the general account.
[22-104, added 1974, ch. 18, sec. 2, p. 364; am. 1988, ch. 115, sec. 1, p. 212.]
All moneys coming into the said agricultural department inspection fund from whatever source are hereby appropriated and set aside for the uses and purposes of the department of agriculture, including administrative expenses of the department, salaries and/or wages of the director and of subordinates and employees, expenses of travel, communication, supplies, equipment, fixed charges, inspection, and all other necessary expenses of the department of agriculture in carrying out its functions and the duties enjoined on it by law, not otherwise provided for, and this appropriation is intended as a continuing appropriation of said fund for the uses and purposes herein mentioned; and all claims against the said agricultural department inspection fund shall be examined by said department of agriculture and certified to the state controller, who shall, upon the approval of the board of examiners, draw his warrant against said agricultural department inspection fund for all bills and claims so allowed by said department of agriculture.
[22-105, added 1974, ch. 18, sec. 2, p. 364; am. 1994, ch. 180, sec. 13, p. 429.]
In addition to the other remedies, criminal or civil, provided by law, the department of agriculture may apply to the district courts for, and the district courts are vested with, civil jurisdiction to enforce, prevent, restrain or enjoin violations of any provision of a law or regulation made pursuant thereto under the jurisdiction of the department of agriculture.
[22-106, added 1974, ch. 18, sec. 2, p. 364.]
The department of agriculture may after notice and hearing provide by rule for voluntary services to be performed by it at the request of the public, such as developing and implementing services relating to hazard controls, good manufacturing practices, food safety manuals for packhouse operations, sanitation standards and operating procedures for producers and packers, laboratory analyses and testing, inspecting, grading, sampling and all similar things. It may also provide for reasonable fees for performing such voluntary services; the moneys derived from this activity shall be received and handled as provided for by sections 67-3609 and 67-3611, Idaho Code. The department of agriculture may also receive and use as directed any donations, grants or federal funds available for such purposes to be accounted for as prescribed by the state controller and any such moneys the department receives are hereby appropriated for the purpose for which they are received only, and may be spent for such purposes by the department of agriculture.
[22-107, added 1974, ch. 18, sec. 2, p. 364; am. 1976, ch. 51, sec. 4, p. 170; am. 1994, ch. 180, sec. 14, p. 430; am. 2001, ch. 146, sec. 1, p. 515.]
(1) In addition to other powers and duties, the director of the department of agriculture shall have regulatory authority to specify the varieties of rapeseed produced in the state and the geographical locations where each variety may be produced or stored. The director shall promulgate rules and regulations in compliance with chapter 52, title 67, Idaho Code, that may be necessary for the efficient enforcement of the provisions of this section and may prescribe grade and quality standards for rapeseed.
(2) The director may, by rule and regulation, establish a schedule of fees for services performed by the department in the administration of this section and rules and regulations promulgated pursuant thereto, and the director may levy a fee on each hundredweight of rapeseed produced in this state sufficient to defray the costs of administering the provisions of this section and rules and regulations promulgated pursuant thereto. Receipts of these fees shall be deposited in the agricultural inspection account created pursuant to section 22-105, Idaho Code, and shall be used, subject to annual appropriation of the legislature, to pay the cost of administering the provisions of this section and rules and regulations promulgated pursuant thereto.
(3) Every violation of the provisions of this section and any rules and regulations promulgated pursuant thereto shall be a misdemeanor and shall be punished by a fine not exceeding one thousand dollars ($1,000).
[22-108, added 1986, ch. 249, sec. 1, p. 670.]
(1) In addition to the authority of commodity commissions to levy assessments and conduct referendums, if the department of agriculture receives a petition requesting a referendum signed by ten per cent (10%) or more Idaho producers of a particular commodity or if the department of agriculture receives a written request for a referendum from a commodity commission, the department of agriculture may provide for a referendum by a commodity to determine if a mandatory assessment should be levied on the commodity producer group for the specific quality assurance laboratory program purposes identified in the referendum. No assessment shall become effective unless the same shall first be referred on a referendum mail ballot to producers of that commodity in this state and is approved by a majority of the producers voting in the referendum.
(2) All moneys derived from the assessment and collected by a commodity commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the specific purposes identified in the referendum.
(3) All moneys derived from the assessment and collected by the department of agriculture shall be deposited with the state treasurer and be credited to the agriculture department inspection account. All funds so deposited are hereby continuously appropriated for the specific purposes identified in the referendum.
(4) The department of agriculture shall be reimbursed for the costs of the referendum by moneys derived from the assessment.
(5) The director of the department of agriculture shall have the authority to implement the provisions of any approved referendum and may promulgate rules necessary for carrying out the purposes of this section.
[22-109, added 1992, ch. 79, sec. 1, p. 220.]
(1) In addition to other powers and duties, the director of the state department of agriculture shall have authority to regulate agricultural solid waste, agricultural composting and other similar agricultural activities to safeguard and protect animals, man and the environment. The director may promulgate rules in compliance with chapter 52, title 67, Idaho Code, that may be necessary for the efficient enforcement of the provisions of this section. The director may collaborate with any state agency, federal agency or other governmental entity in the development of rules promulgated pursuant to this section.
(2) The director may, by rule, establish a schedule of fees for services performed by the department in the administration of this section and rules promulgated pursuant thereto. Receipts of these fees shall be deposited in the agricultural inspection fund pursuant to section 22-104, Idaho Code, and shall be used, subject to annual appropriation of the legislature, to pay the cost of administering the provisions of this section and rules promulgated pursuant thereto.
(3) Any person violating the provisions of this section or rules promulgated pursuant thereto may be assessed a civil penalty by the department or its duly authorized agent of not more than three thousand dollars ($3,000) for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged has been given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the department is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under this section may, within twenty-eight (28) days of the final agency action making the assessment, seek judicial review of the assessment in accordance with the provisions of chapter 52, title 67, Idaho Code. Moneys collected for violations of this section or rules promulgated thereunder shall be deposited in the state treasury and credited to the agricultural inspection fund. When the director identifies items of noncompliance with the rules promulgated pursuant to this section, appropriate corrective actions will be identified. The director may develop a formal compliance schedule as appropriate to correct deficiencies. The director may, through the formal compliance schedule, allow all or part of the value of assessed civil penalties to be applied toward correction of deficiencies.
[22-110, added 1998, ch. 417, sec. 1, p. 1315.]
(1) Except as provided in subsection (2) of this section, the department of agriculture may promulgate rules in compliance with chapter 52, title 67, Idaho Code, for the purpose of assisting others in the domestic and international promotion and certification of Idaho agricultural products. Programs authorized by this section are for the purpose of promoting Idaho agricultural products and/or to certify that Idaho agricultural products meet required standards in order to move in commerce. Programs authorized by this section are to be funded by the assessment of fees directly related to the provision of voluntary services and programs authorized and provided pursuant to this section. Fees assessed and collected pursuant to this section shall be deposited in the agricultural department inspection fund and subject to the provisions of section 22-105, Idaho Code.
(2) Commissions, boards, associations, or other organizations authorized by statute to promote or regulate agricultural products grown, packed, or processed in the state of Idaho pursuant to Idaho law shall be the primary and principal promotion and certification mark and trademark organizations for the particular commodity they are authorized to promote or regulate. Any trademarks, certification marks, brands, seals, logos or other identification marks, whether registered or not, that are established, owned or used by such commissions, boards, associations or organizations shall remain their sole property, and any use or infringement of their ownership right is prohibited unless written permission is obtained from an authorized representative of the commission, board, association or organization.
(3) A commission, board, association or other organization referenced in subsection (2) of this section may, upon a request to and acceptance by the Idaho department of agriculture, participate in the promotion and certification programs administered by the department, including the payment of fees as required pursuant to this section.
(4) Neither the Idaho department of agriculture, nor any agricultural entity referenced in subsection (2) of this section, shall be responsible for any negligent or other tortious act of the other while participating in a joint promotional activity.
(5)(a) As used in this section, "certificate of free sale" means a certificate issued by the department of agriculture that certifies that a product is grown or processed in Idaho, is distributed throughout the state of Idaho, and is in accordance with Idaho health and sanitary laws and regulations.
(b) To meet document requirements set by designation countries for products grown or processed in Idaho, an exporter may apply for the department to issue a certificate of free sale. The exporter applicant shall be responsible for paying an application fee, which shall be set by the department and shall not exceed one hundred dollars ($100). The department may request information from the exporter applicant, including the applicant’s most recent state, federal, or third-party health inspection records. Such records shall be kept on file with the department for one (1) year. Issuance and receipt of a certificate of free sale does not relieve the exporter from regulation by the department of agriculture or from adhering to applicable state laws and regulations.
[22-112, added 2003, ch. 148, sec. 1, p. 426; am. 2026, ch. 216, sec. 1, p. 902.]
The Idaho legislature hereby directs that the Idaho state department of agriculture shall be the contracting agency for inspections in the state of Idaho that are contracted by the United States food and drug administration for the inspection of nonretail activities subject to registration under section 415 of the federal food, drug and cosmetic act. Any existing contracts and contracting authority shall transition to the Idaho state department of agriculture by September 29, 2021. Processors conducting nonretail activities and not subject to registration under section 415 of the federal food, drug and cosmetic act shall not be subject to regulation by the Idaho state department of agriculture pursuant to the provisions of this section. Prior to the Idaho state department of agriculture engaging in the regulation of any activities pursuant to the provisions of this section, the Idaho state department of agriculture shall conduct negotiated rulemaking to provide for the implementation of such regulation.
[22-113, added 2016, ch. 172, sec. 1, p. 474; am. 2018, ch. 216, sec. 1, p. 486; am. 2019, ch. 27, sec. 1, p. 76; am. 2025, ch. 47, sec. 3, p. 223.]
County fair boards for the purpose of conducting county fairs may be created in the following manner: A petition signed by at least five (5) and not more than ten (10) persons, each of whom must be a qualified elector of the county may be filed with the clerk of the board of county commissioners of any county. Upon receipt of such petition the board of county commissioners shall immediately cause the clerk to give notice by publication in a newspaper of general circulation printed within the county, for not less than two (2) weeks, to the effect that a petition for the creation of a county fair board has been filed with the clerk of the board of county commissioners and that a hearing on the petition will be held by the board of county commissioners on a date named in such notice not less than three (3) nor more than six (6) weeks from the date of the first publication of such notice.
Whenever a county has conducted a county fair for at least two (2) consecutive years immediately prior to the enactment of this act, it shall not be necessary to file a petition, but in such case the board of county commissioners may cause the clerk to publish a notice in a newspaper of general circulation printed within the county, for at least two (2) weeks, to the effect that it is the intention of the board of county commissioners of such county to create a county fair board for the purpose of conducting a county fair in accordance with the provisions of this act, and that a hearing on the same will be held by the board of county commissioners on a date named in such notice not less than three (3) nor more than six (6) weeks from the date of the first publication of such notice.
[(22-201) 1929, ch. 208, sec. 1, p. 411; I.C.A., sec. 22-201; am. 1963, ch. 128, sec. 1, p. 379.]
The board shall meet on the day fixed, at which time any voter or taxpayer residing within the county may appear and object to the form of the petition, the genuineness of the signatures, or may make any other objection as to the legality of the proceedings of the board; or, any pertinent objection or objections to the creation of the county fair board.
After hearing and considering the objections, if any, made to the proceedings or to the creation of a county fair board, the board shall, if it deems it for the best interests of the county that a county fair be conducted by the county, create a county fair board by an order duly spread upon its minutes.
(A) If the board in a county with a population of two hundred thousand (200,000) persons or less orders the creation of a county fair board, it shall immediately appoint either five (5) or seven (7) persons to membership thereof, and shall fix the place within the county at which such fair shall be held, and make its action a matter of record. The members shall as nearly as possible be selected from the different industries and localities of the county. If seven (7) persons are appointed on January 18, 1988, appointments shall be made as follows: four (4) members shall be appointed for a term of two (2) years and three (3) members shall be appointed for a term of three (3) years. Thereafter, each appointment shall be made for terms of four (4) years. Appointments shall expire on the third Monday in January.
If five (5) persons are appointed on January 18, 1988, appointments shall be made as follows: three (3) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of three (3) years. Thereafter, each appointment shall be made for terms of three (3) years. Appointments shall expire on the third Monday in January. Any vacancy occurring on such county fair board shall be filled by appointment by the county commissioners at their first regular meeting after the occurrence of such vacancy.
(B) In a county with a population of two hundred thousand one (200,001) or more persons, the board, if it orders the creation of a county fair board, shall immediately appoint either five (5) or seven (7) persons to membership thereon, in the manner provided herein.
If seven (7) persons are appointed on January 17, 1977, appointments shall be made as follows: four (4) members shall be appointed for a term of two (2) years and three (3) members shall be appointed for a term of three (3) years. Thereafter, each appointment shall be made for terms of four (4) years. Appointments shall expire on the third Monday in January.
If five (5) persons are appointed on January 17, 1977, appointments shall be made as follows: three (3) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of three (3) years. Thereafter, each appointment shall be made for terms of three (3) years. Appointments shall expire on the third Monday in January.
County fair boards created after the effective date of this act shall be appointed for staggered terms assuming that the appointments are made on the third Monday in January.
[(22-202) 1929, ch. 208, sec. 2, p. 411; I.C.A., sec. 22-202; am. 1963, ch. 113, sec. 1, p. 336; am. 1976, ch. 347, sec. 1, p. 1155; am. 1987, ch. 184, sec. 1, p. 363; am. 2000, ch. 347, sec. 1, p. 1172.]
In counties with a population of two hundred thousand (200,000) persons or more, the board of county commissioners may provide by ordinance that the county fair board shall function as an advisory board to the board of county commissioners. If such an ordinance is adopted, the board of county commissioners shall retain and may exercise the powers, duties, and responsibilities otherwise charged to the county fair board by the provisions of this chapter. Any such ordinance shall set forth the powers, duties, responsibilities, compensation, and terms of office of the county fair board and may provide for any such other rules and regulations under which the county fair board shall advise the board of county commissioners and conduct its operations. Any such ordinance may be repealed at any time, and if repealed, the provisions of this chapter shall apply as if no such ordinance had been adopted. The provisions of this section shall not be applicable to fair districts in two (2) or more counties organized pursuant to chapter 3, title 22, Idaho Code.
[22-202A, added 1989, ch. 234, sec. 1, p. 571; am. 1993, ch. 210, sec. 1, p. 571.]
The county fair board may be created under the provisions of this act at any time before the first Monday in July in any year.
[(22-203) 1929, ch. 208, sec. 3, p. 411; I.C.A., sec. 22-203.]
The county fair board shall be charged with the care and custody of all property belonging to the county and used for fair purposes, and shall be responsible for all moneys received by it, raised by tax levy or levies for fair purposes as well as all receipts from the operation of the fair and any other moneys received from other sources for fair purposes. Each member of the county fair board shall file with the board of county commissioners a bond or other form of financial responsibility suitable to the county commissioners in the sum of not less than one thousand dollars ($1,000) to be approved by the board of county commissioners. The county fair board shall conduct all of its business at the place designated by the board of county commissioners as the place for conducting the county fair, which shall be the place of business of the county fair board. It shall meet at such times and places as the county fair board deems necessary in compliance with the open meeting law.
It shall safely keep or cause to be safely kept all moneys coming into its care, custody or possession in strict compliance with the provisions of the public depository law of this state. It shall formulate in writing and file in its office all plans adopted by it from time to time in connection with the conduct of the business of the county fair, and also file a copy of the same with the board of county commissioners of the county. It shall keep or cause to be kept proper records of its proceedings, business transactions, and true and proper accounts of all moneys received by it and expended or on hand; and it shall require proper vouchers evidencing all disbursements of money. The records of the board shall be open to inspection by any taxpayer or voter within the county during all regular office hours. The board shall publish in at least one (1) issue of the official newspaper of the county a detailed statement of all moneys received and expended in connection with the operation of any fair or fairs, within ninety (90) days after the holding of any such fair within the county.
It shall take charge of and manage all such property as the county may have acquired or set aside for fair purposes pursuant to the provisions of section 31-822, Idaho Code. It may recommend to the board of county commissioners that such board purchase such real and personal property as may be needed for fair purposes. It shall have power to employ labor, award prizes, make exhibition contracts, fix and charge admission and entrance fees, let contracts for concessions or services to be conducted at the fair or under the direction of the county fair board, but if any concession or service is to extend for a period of less than twelve (12) days in a calendar year, the concession or service may be awarded without bid, and do all other things necessary for holding county fairs. It shall fix the salaries of the secretary and treasurer and prescribe the time and manner of payment. The county fair board shall not have the power to create any indebtedness in excess of the amount to be derived from the special levies for each year and the estimated income from annual fair receipts, nor shall it mortgage or otherwise pledge or encumber any of the real or personal property owned by the county and used for fair purposes.
[(22-204) 1929, ch. 208, sec. 4, p. 411; I.C.A., sec. 22-204; am. 1973, ch. 179, sec. 1, p. 412; am. 1981, ch. 47, sec. 1, p. 70; am. 1988, ch. 228, sec. 1, p. 440; am. 2000, ch. 17, sec. 1, p. 33.]
The county fair board shall select and employ a competent secretary whom they shall vest with general managerial powers subject to the provisions of this act. It shall also appoint a treasurer. The office of secretary may be combined with the office of treasurer and held by the same person. The treasurer shall be required to furnish a bond in such sum as may be fixed by the board of county commissioners, and when furnished to be approved by it.
[(22-205) 1929, ch. 208, sec. 5, p. 411; I.C.A., sec. 22-205.]
For the purpose of determining what funds must be raised by taxes for county fair purposes, the county fair board shall meet on the first Monday of February of each year, or at such other time as may be provided by law for the preparation of budgets, and shall make a budget of the amounts required for fair purposes, including all salaries to be paid for the current year, and shall deduct therefrom the probable income from such fair or fairs to be conducted by the board during the current year and any balance remaining in its treasury, and shall then certify to the board of county commissioners the amount of said budget; and the amount to be raised by the county for fair purposes shall in no case be in excess of the difference between the total of said budget and the probable income of such fair and the balance on hand in the treasury. The board of county commissioners shall thereafter approve or make such amendments or modifications in the county fair budget as it deems proper, and include the same in its annual county budget. No levy for the purposes of this act shall exceed one hundredth percent (.01%) of the market value for assessment purposes on all taxable property in the county. When such taxes have been collected, the same shall be paid to the treasurer of the county fair board to be used for the purposes authorized by this act. Such special levy, together with any other special levy made pursuant to the provisions of section 31-823, Idaho Code, shall in no case exceed two hundredths percent (.02%) of the market value for assessment purposes on all taxable property in the county. Upon the creation and appointment of the fair board by the county commissioners, it hereby becomes a taxing unit under the provisions of the Idaho Budget Law and as such is empowered to issue tax anticipation notes or warrants as provided by law for maintaining, carrying on, conducting, payment of obligations, premiums, prizes and all other necessary expenses, incurred or to be incurred in conducting a fair. It may be the duty of the county commissioners of any county, where property for county fair purposes is located, to levy an amount sufficient to maintain and protect such fair grounds and property and to pay any deficit or indebtedness then accrued from previous fairs.
[(22-206) 1929, ch. 208, sec. 6, p. 411; am. 1931, ch. 137, sec. 1, p. 234; I.C.A., sec. 22-206; am. 1933, ch. 85, sec. 1, p. 136; am. 1995, ch. 82, sec. 2, p. 220.]
(1) Any moneys remaining on hand after a county fair has been conducted within the county pursuant to the provisions of this act shall not be paid into the current expense fund of such county, but shall be retained in the custody of the treasurer of the county fair board, and may be used in the conduct of a county fair in the succeeding year or years; provided, however, that such moneys shall be paid into the current expense fund of the county upon order of the board of county commissioners in case the board of county commissioners shall at any time discontinue the holding of annual county fairs.
(2) In any case in which a county fair board, or any person, association or corporation with which the fair board has contracted to conduct activities permitted by law, has paid out moneys by check or warrant in the form of premiums, awards, winnings, prizes, or return of entry fees, and such check or warrant remains uncashed or unclaimed after one (1) year from date of issue, such check or warrant shall be presumed abandoned, and legal title shall revert to the issuer, and such check or warrant may be voided or canceled. The proceeds of such abandoned check or warrant shall not be subject to the provisions of chapter 5, title 14, Idaho Code.
[(22-207) 1929, ch. 208, sec. 7, p. 411; I.C.A., sec. 22-207; am. 1985, ch. 7, sec. 1, p. 11.]
The members of the county fair board shall be paid their actual and necessary expenses out of the funds provided for fair purposes, upon approval of claims for the same by the board of county commissioners.
[(22-208) 1929, ch. 208, sec. 8, p. 411; I.C.A., sec. 22-208.]
Notwithstanding any law to the contrary, any municipality in this state, having contiguous to its boundaries an established county fair ground, may by ordinance duly passed, extend to such county fair grounds, the police and fire protection of said municipality and any county, to which such protection is given, shall pay the costs thereof. Said sums to be paid out of the current expense fund of said county for the protection of county property on said fair grounds.
[22-209, added 1941, ch. 83, sec. 1, p. 157.]
Two (2) or more counties within the state may group themselves together and form a fair district. Petitions fully setting out their purpose, the number of counties to be included within the proposed district, and praying for the formation of such a district, bearing the signatures of not less than fifty-one per cent (51%) of the voters of each county, as based upon the total vote cast for governor at the last state election, shall be presented to the respective boards of county commissioners.
Upon receipt of such petition the clerk of each board shall give notice by publication for not less than two (2) weeks that petition has been filed and will be heard by the board at a day named, not less than three (3) nor more than six (6) weeks thereafter.
[(22-301) 1925, ch. 131, sec. 1, p. 185; am. 1931, ch. 210, sec. 1, p. 404; I.C.A., sec. 22-301.]
The respective boards shall meet in their respective counties on the day fixed and canvass the petitions, and ascertain that they are signed by the requisite number of voters, and that they are in due form. Any voter within the county may appear and object to the form of petition or the genuineness of the signatures, or that the required number of voters have failed to sign. If the board finds that the petition is in due form, signed by the required number of bona fide voters, an order shall be made declaring that it is the wish of the voters of the county to form a fair district, comprising the respective counties named in the petition, and directing the clerk of the board of county commissioners to so inform the clerk of each of the other county boards of commissioners, and to arrange for a time and place for a joint meeting of the respective boards.
The clerk of the board shall thereupon inform, by writing, the clerks of each of the other boards, and suggest a time and place for a joint meeting. By a majority vote the clerks shall fix the time and place, and notify the commissioners. Notice of such joint meeting shall be published for two (2) weeks in a newspaper in each county. The meeting shall be not less than two (2) weeks nor more than four (4) weeks from the date of the clerks’ agreement.
[(22-302) 1925, ch. 131, sec. 2, p. 185; I.C.A., sec. 22-302.]
The respective boards shall meet at the time and place fixed, and the petitions of each county shall be duly considered and canvassed, and if all, or at least three (3) of them, are found in due order and signed by the requisite number of voters, the said commissioners shall jointly make an order creating the proposed district out of the counties in which the petitioners are found to be sufficient and shall give it a name, and at the same time subdivide the district into as many subdivisions as the commissioners deem necessary, numbering them. The said boards shall at the same time select a board of directors, one (1) from each subdivision, each of whom must reside within the subdivision he represents. Each director shall hold office for the term of four (4) years. Every four (4) years thereafter the board of county commissioners of the counties comprising the fair district shall select a board of directors. In case of a vacancy caused by death, resignation, or otherwise, said vacancy shall be filled for the unexpired term by the board of county commissioners of the county in which the vacancy occurs.
[(22-303) 1925, ch. 131, sec. 3, p. 185; I.C.A., sec. 22-303; am. 1996, ch. 48, sec. 1, p. 141.]
The board of directors shall be charged with the care and custody of all property of the district fair. They shall file bonds in the sum of one thousand dollars ($1,000) each. They shall designate a place within the proposed district where the fair grounds shall be located and this place shall thereafter be the place of business of said district. They shall meet at this place of business once each month, or more frequently if the board deems it necessary to accomplish the business of the fair district. They shall see that all moneys are kept in safe depositories by the treasurer, properly safeguarded by bonds. They shall formulate in writing and file in the district office all plans adopted by them from time to time in connection with the conduct of the affairs of said district. They shall see that all records and accounts are properly kept, supervised and approved; that proper vouchers evidence all disbursements of money; that the records are at all reasonable hours open to the taxpayers of the counties comprising the district. They shall cause to be published in at least one (1) issue of a newspaper in each county comprising said district a detailed statement of the receipts and disbursements of the fair district, within sixty (60) days after the holding of each fair.
[(22-304) 1925, ch. 131, sec. 4, p. 185; am. 1927, ch. 70, sec. 1, p. 86; I.C.A., sec. 22-304; am. 1941, ch. 167, sec. 1, p. 334; am. 1996, ch. 48, sec. 2, p. 142.]
The board of directors shall have power to employ a secretary, whom they may vest with general managerial powers; they shall also appoint a treasurer. The office of secretary may be combined in the same person with that of treasurer; but in no event shall any person serve as both director and manager. They shall have power to acquire for the benefit of the district, such property, real and personal, as may be required in connection with the conduct of district fairs. They shall have power to do everything necessary in connection with the holding of annual fairs, including the employment of labor, awarding of prizes, making of exhibition contracts, letting contracts for concessions or services to be conducted at the fair or under the direction of the district fair board, but if any concession or service is to extend for a period of less than ten (10) days in a calendar year, the concession or service may be awarded without bid, charging admission and entrance fees, and everything that is necessary in conducting the business of the district. They shall fix the salaries of all employees, and prescribe the time and manner of payments. They shall be vested with general powers granted by the laws of the state to directors of corporations, except as otherwise provided in this act.
They shall have power to issue warrants, after the special levies have been agreed upon by the representative boards of county commissioners, in anticipation of the collection of such special tax, but not in excess of eighty percent (80%) of the amount of such special levy, such warrants to be signed by the president and secretary of the district. They shall not have power to create any indebtedness in excess of the amount to be derived by special levies each year and the estimated income from annual fair exhibitions or to mortgage or otherwise pledge or encumber any of the real or personal property owned or controlled by the fair district.
[(22-305) 1925, ch. 131, sec. 5, p. 185; am. 1927, ch. 70, sec. 2, p. 86; I.C.A., sec. 22-305; am. 1949, ch. 6, sec. 1, p. 7; am. 1973, ch. 179, sec. 2, p. 412.]
Said directors shall receive as compensation thirty-five dollars ($35.00) per diem while actually engaged in the business of the district and the mileage rate established by the state board of examiners pursuant to the authority in section 67-2008, Idaho Code, for state officers, agents and employees for each mile actually and necessarily traveled while transacting such business.
[(22-306) 1925, ch. 131, sec. 6, p. 185; I.C.A., sec. 22-306; am. 1970, ch. 23, sec. 1, p. 50; am. 1975, ch. 7, sec. 1, p. 11; am. 1978, ch. 371, sec. 1, p. 976.]
Aside from the revenue derived from annual fairs or other exhibitions conducted, the necessary revenue shall be raised as follows: The board of directors shall meet the second week of November of each year, and shall make a budget of the amounts required in the conduct of the affairs of the district, for the current year. Included in the budget shall be an appropriation from the various counties forming the district. Each county’s assessment shall be determined by a formula, based upon population and assessed valuation. The board of directors shall certify to each board of county commissioners the amount of said budget, and the amount of revenue to be received from each county and shall file a copy thereof with the clerk of the board of county commissioners of each of the counties in said district, on or before the second week of December of each year. The respective boards of county commissioners of the counties comprising said district, shall meet in joint assembly with the directors of the fair district in January of each year, and shall at said meeting organize by electing a chairman and vice chairman and shall jointly consider the budget proposed by the board of directors of the district, and shall give such approval or make such recommendations as to them may seem proper and desirable; grant to the board of directors of the district such authority in connection with the proposed expenditures, as said commissioners, by a majority vote may decide, pass resolutions or adopt bylaws that may be necessary for the conduct of said fair, such action to be certified back to the respective counties by the board of directors of the fair district.
A majority vote shall be the vote of a majority of the commissioners present at said meeting, and said majority vote shall be binding upon the respective boards of commissioners of all the counties belonging to said district. If the county commissioners shall fail to hold such joint meeting, or shall fail to take any action, then the budget as prepared by the directors of the fair district shall be, without further action, deemed approved, and the sums of money apportioned to the respective counties in the district shall be the sums to be raised by special levy for said purpose. For the purpose of raising the aforesaid revenues, the board of county commissioners of each county in the district shall annually make a levy to raise the required sum apportioned to the respective counties, provided, however, that the said levy shall not exceed five thousandths percent (.005%) of the market value for assessment purposes on all of the taxable property in the county, the proceeds of which tax shall be paid into the treasury of the fair district and used for any purpose authorized by this act.
[(22-307) 1925, ch. 131, sec. 7, p. 185; am. 1927, ch. 70, sec. 3, p. 86; I.C.A., sec. 22-307; am. 1941, ch. 167, sec. 2, p. 334; am. 1975, ch. 7, sec. 2, p. 11; am. 1976, ch. 45, sec. 27, p. 141; am. 1979, ch. 63, sec. 1, p. 167; am. 1995, ch. 82, sec. 3, p. 220; am. 1996, ch. 48, sec. 3, p. 142.]
A county or counties may be added to a fair district after its formation upon petition of not less than fifty-one per cent (51%) of the voters of such county or counties provided the boards of commissioners of the counties comprising such fair district determine that it is to the best interest of said district that such other county or counties be added.
[(22-308) 1925, ch. 131, sec. 8, p. 185; I.C.A., sec. 22-308.]
The fiscal year of each fair district shall commence on the first day of November.
[(22-309) I.C.A., sec. 22-308A, as added by 1941, ch. 167, sec. 3, p. 334.]
In any case in a fair district, or any person, association or corporation with which the fair district has contracted to conduct activities permitted by law, has paid out moneys by check or warrant in the form of premiums, awards, winnings, prizes, or return of entry fees, and such check or warrant remains uncashed or unclaimed after one (1) year from date of issue, such check or warrant shall be presumed abandoned, and legal title shall revert to the issuer, and such check or warrant may be voided or canceled. The proceeds of such abandoned check or warrant shall not be subject to the provisions of chapter 5, title 14, Idaho Code.
[22-310, added 1985, ch. 7, sec. 2, p. 11.]
(1) This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the cultivation, production, processing, registration, labeling, sale, storage, transportation, distribution, notification of use, use of seeds, and planting of seeds to the exclusion of all local ordinances or regulations. Except as otherwise specifically provided in this chapter, no ordinance or regulation of any political subdivision may prohibit or in any way attempt to regulate any matter relating to the cultivation, production, processing, registration, labeling, sale, storage, transportation, distribution, notification of use, use of seeds, or planting of seeds.
(2) The provisions of subsection (1) of this section shall not preempt county or city local zoning ordinances governing the physical location or siting of seed facilities.
[22-413, added 2005, ch. 401, sec. 1, p. 1366; am. 2015, ch. 101, sec. 1, p. 242.]
When used in this act:
(1) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of the chapter.
(2) "Agricultural seeds" includes the seeds of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural, turf, or field seeds, and mixtures of such seeds, but specifically does not include seed potatoes as defined in section 22-501, Idaho Code.
(3) "Blend" means seed consisting of more than one (1) variety of a kind, each in excess of five percent (5%) by weight of the whole.
(4) "Certifying agency" means:
(a) An agency authorized under laws of a state, territory, or possession to officially certify seed and which has standards and procedures approved by the U.S. secretary of agriculture to assure the genetic purity and identity of the seed certified; or
(b) An agency of a foreign country determined by the U.S. secretary of agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (a) of this subsection.
(5) "Crop seed" means any agricultural, vegetable or flower seed, other than the pure seed, present in a lot of seed and which weighs less than five percent (5%) of the total weight of the lot.
(6) "Cultivation" means:
(a) Preparing and using soil for growing plants; or
(b) Growing and caring for plants under conditions that can be controlled.
(7) "Director" means the director of the department of agriculture of the state of Idaho.
(8) "Flower seeds" includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower seeds in this state.
(9) "Grower’s or collector’s declaration" means a statement signed by the grower or collector giving for any lot of seed the lot number, the kind, the variety, origin, and weight.
(10) "Hard seed" means any viable agricultural, vegetable or flower seed that fails to germinate within the prescribed germination period due to an impermeable seed coat.
(11) "Hybrid" means the first generation seed of a cross produced by controlling the pollination and by combining one (1) of three (3) combinations:
(a) Two (2) or more inbred lines;
(b) One (1) inbred or a single cross with an open pollinated variety; or
(c) Two (2) varieties or species, except open pollinated varieties of corn (Zea mays).
The second generation or subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.
(12) "Inert matter" means the collective parts of incomplete plants, seeds, seedlike structures and other nonseed particles present in a lot of seed.
(13) "In-state seed dealer" means any seed dealer with an established plant, warehouse or place of business in the state of Idaho.
(14) "Kind" means one (1) or more related species or subspecies which singly or collectively is known by one (1) common name, for example, as wheat, oat, vetch, sweet clover, cabbage, or cauliflower.
(15) "Labeling" includes all labels, and other written, printed, or graphic representations in any form whatsoever, accompanying and pertaining to any seed whether in bulk or in containers, and includes invoices.
(16) "Lot of seed" means a definite quantity of seed identified by a lot number or other lot identification every portion or bag of which is uniform, within permitted tolerances, for the factors which appear in the labeling.
(17) "Mixture," "mix," or "mixed" means seed consisting of more than one (1) kind, each in excess of five percent (5%) by weight of the whole.
(18) "Noxious weed seeds" means the seeds of any plant which is determined by the director to be injurious to public health, crops, livestock, land or other property. They are divided into two (2) classes:
(a) "Prohibited noxious weed seeds" are the seeds which when established are highly destructive and difficult to control in this state by ordinary good cultural practices.
(b) "Restricted noxious weed seeds" are the seeds of such weeds as are very objectionable in fields, lawns, or gardens but can be controlled by good cultural practices.
The director shall publish and maintain a list of all noxious weeds, which shall also be included in the rules of the department of agriculture. Pursuant to administrative rules, the director may add to or subtract from the list of seeds included under either definition. Any addition or subtraction is effective thirty (30) days after publication.
(19) "Origin" for an indigenous stand of trees is the area on which the trees are growing; for a nonindigenous stand, it is the place from which the seeds or plants were originally introduced.
(20) "Out-of-state seed dealer" means any seed dealer selling or shipping seed into the state of Idaho without owning an established plant, warehouse or place of business in Idaho.
(21) "Person" shall include any individual, partnership, corporation, company, society or association.
(22) "Private hearing" may consist of a discussion of facts between the person charged with a violation of the provisions of this chapter and the enforcement officer.
(23) "Processing" means a continuous action, operation or series of changes taking place in a definite manner or a series of actions that produce something or that lead to a particular result.
(24) "Producer" means any person who is the owner, tenant or operator of land who has an interest in and receives all or part of the proceeds from the sale of seeds produced on that land.
(25) "Production" means the process of making or growing seeds for sale or use.
(26) "Record" is all information relating to a shipment of seed and must include a file sample of each lot of seed, purity, and current germination test documentation. For tree and shrub seed, the record must also include all documents supporting the statement of origin and elevation of the seed.
(27) "Seed dealer" means any person that lets it be known by any means or manner that he has seed offered for sale.
(28) "Seeds" means all seeds as defined in this section.
(29) "Stop sale" means an administrative order restraining the sale, use, disposition, and movement of a designated seed lot.
(30) "Tree seed and shrub seed" includes seeds of woody plants commonly known and sold as tree seed and shrub seeds.
(31) "Variety" means a subdivision of a kind which is characterized by growth, plant, fruit, seed or other characteristics by which it can be differentiated from other sorts of the same kind.
(32) "Vegetable seeds" means the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds.
(33) "Weed seeds" means the seeds of all plants recognized as weeds by the director.
[22-414, added 1951, ch. 243, sec. 1, p. 508; am. 1974, ch. 18, sec. 3, p. 364; am. 1985, ch. 22, sec. 1, p. 35; am. 1985, ch. 247, sec. 1, p. 578; am. 1987, ch. 188, sec. 1, p. 370; am. 1996, ch. 214, sec. 1, p. 694; am. 1997, ch. 17, sec. 1, p. 24; am. 2015, ch. 101, sec. 2, p. 242.]
Before each container of seed is sold, offered for sale, exposed for sale, or delivered under a contract within this state for sowing purposes, it shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information:
(1) For agricultural seeds and mixtures:
(a) The name of the kind or the kind and variety of each agricultural seed component in excess of five percent (5%) of the whole, and the percentage by weight of each pure seed. The name of the kind and variety shall be on the label of seeds of wheat, barley and dry-edible beans, or if any mixture containing any kinds herein listed, the names of the varieties shall be listed. When more than one (1) pure seed is present, the word "mixture" or the word "mixed" and the name of the mixture shall be shown conspicuously on the label. Hybrids shall be labeled as hybrids.
(b) Lot number or other lot identification.
(c) Origin by state or foreign country, if known. If the origin is unknown, that fact shall be stated.
(d) Percentage by weight of all other crop seeds combined, none of which individually exceeds five percent (5%) of the total weight. If a mixture contains no crop seed, that shall be stated or shown.
(e) Percentage by weight of inert matter.
(f) Percentage by weight of all weed seeds.
(g) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present. All determinations of noxious weed seeds shall be subject to tolerances and methods of determination prescribed in the rules and regulations under this chapter.
(h) Germination for each named agricultural seed:
(i) Percentage of germination, exclusive of hard seed;
(ii) Percentage of hard seed, if present;
(iii) The calendar month and year the test was completed to determine the percentages;
(iv) A tetrazolium test is deemed sufficient to meet germination labeling requirements if the species is included in the director’s published list.
(i) Name and address of the person who labeled the seed, or who sells or delivers seed under a contract, or his federal consumer marketing service number or agricultural marketing service number.
(2) For vegetable seeds in packets or preplanted containers, mats, tapes or other planting devices:
(a) Name of kind of seed;
(b) Lot identification;
(c) The year for which the seed was packed for sale, or the percentage of germination and the calendar month and year the germination test was completed.
(d) For seeds which germinate less than the standard last established by the director in the rules and regulations promulgated under this chapter:
(i) Percentage of germination, exclusive of hard seed;
(ii) Percentage of hard seed, if present;
(iii) The calendar month and year the test was completed to determine such percentages;
(iv) The words "Below Standard" in not less than 8-point type;
(v) A tetrazolium test is deemed sufficient to meet germination labeling requirements if the species is included in the director’s published list.
(e) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds, a statement to indicate the number of seeds in each container or net weight.
(f) Name and address of the person who labeled the seed, or who sells or delivers seed under a contract, or his federal consumer marketing service number or agricultural marketing service number.
(3) For vegetable seeds, in mixtures, in bulk, or in containers other than packets and preplanted containers, mats, tape, or other devices:
(a) The name of each kind and variety present in excess of five percent (5%) of the whole, and the percentage by weight of each in order of predominance;
(b) Lot identification;
(c) Germination for each named vegetable seed:
(i) Percentage of germination, exclusive of hard seed;
(ii) Percentage of hard seed, if present;
(iii) The calendar month and year the germination test was completed;
(iv) A tetrazolium test is deemed sufficient to meet germination labeling requirements if the species is included in the director’s published list.
(d) The labeling requirements for vegetable seeds in containers of more than eight (8) ounces shall be satisfied if the seed is weighed from an accurately labeled container in the presence of the purchaser.
(e) Name and address of the person who labeled the seed, or his federal consumer marketing service number or agricultural marketing service number.
(4) For flower seeds:
(a) The name of the kind and variety or a statement of type and performance;
(b) The calendar month and year the seed was tested or the year the seed was packaged;
(c) The name and address of the person who labeled or who sells the seed or his federal consumer marketing service number or agricultural marketing service number;
(d) In packets or preplanted containers, mats, tapes or other planting devices, and in addition to the requirements of paragraphs (a) through (c) of subsection (4) of this section:
(i) The number of seeds or net weight in the container;
(ii) The percentage of germination exclusive of hard seed for those seeds which germinate less than the germination standards established in the rules and regulations promulgated under this chapter; and
(iii) The words "Below Standard" in not less than 8-point type.
(e) In containers other than packets or preplanted containers, mats, tapes or other planting devices, and in addition to requirements of paragraphs (a) through (c) of subsection (4) of this section:
(i) Lot number or other lot identification;
(ii) Percentage of germination, exclusive of hard seed, and the percentage of hard seed, if present.
(5) For tree and shrub seed:
(a) Common name of the species;
(b) The scientific name of the genus and species;
(c) Lot number or other lot identification;
(d) Origin, if known. If the origin is unknown that fact shall be stated:
(i) For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, geographic description, or political subdivision;
(ii) For seed collected from other than a predominantly indigenous stand, identify the area of collection and the origin of the stand, or state "origin not indigenous."
(e) The elevation, or the upper and lower limits of elevations, within which the seed was collected.
(f) Purity as a percentage of pure seed by weight.
(g) For those species for which standard germination testing procedures are prescribed by the director:
(i) Percentage of germination, exclusive of hard seed;
(ii) Percentage of hard seed, if present;
(iii) The calendar year and month the germination test was completed.
(h) Transported in bulk, an invoice is sufficient to meet labeling requirements when the container is identified with a lot number.
(i) The name and address of the person who sells the seed or his federal consumer marketing service number or agricultural marketing service number.
(6) For all agricultural, vegetable, flower, tree and shrub seeds treated to prevent contamination, infection or disease:
(a) A word or statement indicating the seed has been treated;
(b) The common or generic name of the applied substance, or description of the process used;
(c) The appropriate toxicity category signal word and precautionary statements which correspond to the toxicity categories set forth in title 40, code of federal regulations, effective July 1, 1989;
Signal Words for Toxicity Categories
| Toxicity Category | Signal Word | | --- | --- | | I | DANGER |
If assigned to toxicity category I on the basis of oral, inhalation or dermal toxicity, the word "Poison" shall appear in red on a background of distinctly contrasting color and the skull and crossbones shall appear in immediate proximity to the word "Poison".
| II | WARNING | | --- | --- | | III | CAUTION | | IV | CAUTION |
(d) When more than one (1) substance is applied, each substance shall be noted on the label, and the seed shall be labeled for the substance with the higher level of toxicity category; and
(e) An expiration date of any inoculant applied to the seed.
(7) For agricultural seeds coated with any substance which changes the size, shape or weight of the original seed:
(a) Percentage of pure seeds with coating material removed;
(b) Percentage of coating material; and
(c) Percentage of germination.
(8) The arbitration requirement provided in section 22-436, Idaho Code.
[22-415, added 1951, ch. 243, sec. 2, p. 508; am. 1974, ch. 18, sec. 4, p. 364; am. 1985, ch. 22, sec. 2, p. 37; am. 1987, ch. 188, sec. 2, p. 373; am. 1989, ch. 370, sec. 1, p. 927; am. 1990, ch. 89, sec. 1, p. 184; am. 1991, ch. 171, sec. 1, p. 413; am. 1993, ch. 70, sec. 1, p. 184.]
(1) It shall be unlawful for any person to sell, offer for sale, expose for sale, or deliver under a contract any seed within the state:
(a) Unless the test to determine the percentage of germination required by section 22-415, Idaho Code, shall have been completed within a fifteen (15) month period, exclusive of the calendar month in which the test was completed immediately prior to sale, exposure for sale, or offered for sale or transportation. This prohibition does not apply to tree and shrub seeds or agricultural or vegetable seed in hermetically-sealed containers. The director may by regulation prescribe a longer period than otherwise stated herein, and the conditions and methods of treatment or packaging and labeling which he deems to be necessary to maintain the identification and viability of such seed.
(b) Not labeled in accordance with the provisions of this chapter, or having false or misleading labeling.
(c) Pertaining to which there has been a false or misleading advertisement.
(d) Containing prohibited noxious weed seeds.
(e) Containing restricted noxious weed seeds singly or collectively in excess of tolerances as provided by the rules and regulations of the department.
(f) Labeled a variety name for which a United States certificate of plant variety protection has been issued or is pending, specifying seed sale only as a class of certified seed, when the seed is in fact not certified by an official seed certifying agency.
(g) If the crop seed rye (Secale cereal) is present in wheat, oats or barley.
(2) It shall be unlawful for any person within this state:
(a) To detach, alter, deface, or destroy any label provided for in this chapter or the rules and regulations made and promulgated thereunder, or to alter or substitute seed, in a manner that may defeat the purposes of this chapter.
(b) To disseminate any false or misleading advertisement concerning seeds in any manner or by any means.
(c) To hinder or obstruct in any way any authorized person in the performance of his duties under this chapter.
(d) To fail to comply with a "stop-sale" order.
(e) To ship, deliver, transport, or sell seeds treated with any substance likely to be poisonous to human beings or animals unless there is conspicuously shown on the analysis tag or label, or on a separate tag or container, the word "treated", signal word and precautionary statements for appropriate warning adequate to protect the public based on the toxicity categories set forth in title 40, code of federal regulations, effective July 1, 1989. It is unlawful to sell or divert seed so treated for use or for processing either for human or animal consumption.
(f) To transport screenings containing noxious weed seeds without proper covering or tarping, or containerizing or boxing, to prevent noxious weed seed dissemination. All screenings containing noxious weed seeds must be processed to eliminate germination.
(g) To return to a seed dealer treated seed in open bags except for storage purposes.
(3) It shall be unlawful for any person to make any representation as to any particular lot of seeds, tubers, plants or plant parts intended to be offered for sale as "Idaho State Certified," "State Certified," "Idaho Certified," or "Certified," or similar words or phrases, without first having the written certificate of the Idaho agricultural experiment station in the college of agriculture of the university of Idaho or its agent as to the genetic purity and/or other characteristics of the particular seeds, tubers, plants or plant parts as represented.
[22-416, added 1951, ch. 243, sec. 3, p. 508; am. 1970, ch. 8, sec. 1, p. 12; am. 1974, ch. 18, sec. 5, p. 364; am. 1979, ch. 180, sec. 1, p. 533; am. 1985, ch. 22, sec. 3, p. 38; am. 1987, ch. 188, sec. 3, p. 376; am. 1990, ch. 89, sec. 2, p. 187; am. 1990, ch. 413, sec. 3, p. 1147; am. 1991, ch. 171, sec. 2, p. 416.]
(1) The provisions of sections 22-415 and 22-416, Idaho Code, shall not apply:
(a) To seed or grain not intended for sowing purposes.
(b) To seed in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; provided, that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this chapter.
(2) No person shall be subject to the penalties of this chapter for having sold or offered for sale any seeds which were incorrectly labeled or misrepresented as to kind, variety, type, or origin and elevation, when the seeds cannot be differentiated by examination, unless he has failed to obtain reasonable documentation as an invoice, grower’s declaration or other labeling to verify the contents.
[22-417, added 1951, ch. 243, sec. 4, p. 508; am. 1987, ch. 188, sec. 4, p. 378.]
The duty of enforcing the provisions of this chapter and carrying out its provisions and requirements shall be vested in the director pursuant to section 22-103, Idaho Code. Additional duties of the director or his authorized agents shall include, but are not limited to, the following:
(1) To establish and maintain or make provision for seed testing facilities.
(2) To have analyses and tests of samples of seed made as necessary.
(3) To make or provide for making purity and germination tests of seeds for farmers and dealers on request.
(4) The director of the department of agriculture may by rule set the service and license fees to be collected. Fees so collected shall be paid into the state treasury and credited to the agriculture department inspection account, created in section 22-104, Idaho Code, and such fees shall be used only to pay the costs of operating the state seed laboratory.
(5) To enter upon any public or private premises during regular business hours in order to have access to seeds subject to this chapter.
(6) To sample and inspect agricultural, vegetable, flower, tree and shrub seeds transported, sold, offered or exposed for sale, or delivered under a contract within this state for sowing purposes, at such time and place and to such extent as he may deem necessary to determine whether the seeds are in compliance with the provisions of this chapter, and to notify promptly the person who transported, sold, offered or exposed the seed for sale of any violation.
(7) To issue and enforce a "stop-sale" order to the owner or custodian of any lot of seed which is in violation of any of the provisions of this chapter, which order shall prohibit further sale or delivery under a contract of the seed until such officer has evidence that the law has been complied with; provided, that in respect to seeds which have been denied sale as provided in this paragraph, the owner or custodian of such seeds shall have the right to appeal from such order to the district court of the county in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of such seed from the order prohibiting the sale in accordance with the findings of this court; and provided further, that the provisions of this paragraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized under other sections of this chapter.
(8) To cooperate with the United States department of agriculture and other agencies in seed law enforcement.
(9) To notify in writing, the proprietor of any plant variety protected under the United States plant variety protection act when any sample of a proprietor’s variety is received for testing at the Idaho state seed laboratory.
(10) To cooperate fully with the proprietor of any plant variety which is protected under the United States plant variety protection act to secure for the proprietor the full protection afforded under the United States plant variety protection act or the federal seed act, or both, by releasing to the proprietor any and all knowledge as may come to the attention of the director or his authorized agents in regard to the illegal use of any United States protected variety.
(11) To prescribe and adopt rules governing:
(a) The methods of sampling, inspecting, analysis tests and examination of seed, and the tolerances to be followed in the administration of this chapter, which shall be in general accord with officially prescribed practice in interstate commerce;
(b) Reasonable standards of germination for vegetable seeds and flower seeds;
(c) Labeling of flower seeds;
(d) A list of the kinds of flower seeds subject to the flower seed germinations labeling requirements;
(e) A list of the tree and shrub species subject to germination labeling requirements;
(f) A list of species that may be tetrazolium tested in lieu of germination testing.
[22-418, added 1951, ch. 243, sec. 5, p. 508; am. 1971, ch. 216, sec. 1, p. 969; am. 1974, ch. 18, sec. 6, p. 364; am. 1987, ch. 188, sec. 5, p. 378; am. 1991, ch. 171, sec. 3, p. 418; am. 1992, ch. 70, sec. 1, p. 204; am. 1998, ch. 203, sec. 1, p. 721.]
Each person whose name appears on the label as handling agricultural, vegetable, flower or tree and shrub seeds subject to the provisions of this chapter shall keep for a period of two (2) years complete records of each lot of agricultural, vegetable, flower or tree and shrub seed handled and keep for one (1) year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to every shipment shall be accessible for inspection by the director or his agent during customary business hours.
[22-419, added 1987, ch. 188, sec. 7, p. 380.]
Any lot of seed not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the seed is located. In the event that the court finds the seed does not meet the requirements set out in this chapter and orders the condemnation of the seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state; provided, that in no instance shall the court order such disposition of said seed without first having given the defendant an opportunity to apply to the court for release of the seed or permission to process or relabel it for compliance with the provisions of this chapter. Release of said seed shall be made only upon proof of compliance.
[22-420, added 1951, ch. 243, sec. 7, p. 508; am. 1974, ch. 18, sec. 8, p. 364; am. 1987, ch. 188, sec. 8, p. 380.]
(1) Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three thousand dollars ($3,000) or be imprisoned in the county jail for not more than twelve (12) months or be subject to both such fine and imprisonment.
Violations shall include, but are not limited to, mislabeling of variety, mislabeling prohibited noxious weed seeds, exceeding restricted noxious weed tolerances, failure to keep records as specified in section 22-419, Idaho Code, mislabeling purity or germination percentages, and any other intentional mislabeling.
When the director or his authorized agents shall find that any person has violated any of the provisions of this chapter, he or his duly authorized agents may institute proceedings in a court of competent jurisdiction in the county in which the violation occurred, or the director may file with the attorney general such evidence as may be deemed necessary; provided, however, that the director may permit the defendant to appear before the director to introduce evidence either in person or by agent or attorney at a private hearing. If, after such hearing, or without such hearing in case the defendant or his agent or attorney fails or refuses to appear, the director is of the opinion that the evidence warrants prosecution, he shall proceed as herein provided.
It shall be the duty of the prosecuting attorney of the county in which the violation occurred to institute proceedings at once against any person charged with a violation of this chapter, if, in the judgment of the officer the information submitted warrants action.
After judgment by the court in any case arising under this chapter, the director shall publish any information pertinent to the issuance of the judgment by the court in such media as he may designate from time to time.
(2) Any person who violates or fails to comply with any of the provisions of this chapter or any regulations promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than two thousand dollars ($2,000) for each offense and shall be liable for reasonable attorney fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected for violation of a rule or regulation shall be remitted to the agricultural inspection seed testing account.
(3) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when the director believes that the public interest will be best served by suitable warnings or other administrative action.
[22-421, added 1951, ch. 243, sec. 8, p. 508; am. 1974, ch. 18, sec. 9, p. 364; am. 1987, ch. 188, sec. 9, p. 381; am. 1993, ch. 207, sec. 1, p. 568.]
When in the performance of his duties the director applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rules and regulations promulgated under this chapter, the injunction is to be issued without bond.
[22-421A, added 1987, ch. 188, sec. 10, p. 381.]
An in-state seed dealer or an out-of-state seed dealer who conditions or labels or sells, for the use of others any seed, shall obtain a license from the department authorizing him to condition or label or sell such seed. A dealer shall not be entitled to a license unless he has an established plant, warehouse or place of business.
(1) A separate license shall be required for each place of business from which seed regulated under this chapter is sold. Application for licenses shall be on a form provided by the director.
(2) Applications shall be renewed no later than July 1 of each year.
(3) Fees so collected shall be paid into the state treasury and credited to the state agricultural inspection account.
(4) In-state producers selling their own crop shall be exempt from this section.
(5) Any person selling seed who has total annual gross seed sales not exceeding five hundred dollars ($500) is exempt from this section.
(6) An in-state seed dealer or an out-of-state seed dealer, who sells, offers for sale, exposes for sale or delivers seed only in packages of less than eight (8) ounces shall be exempt from this section.
(7) The department may suspend, revoke, or refuse to issue or renew the license of any person when it is satisfied that:
(a) The applicant or licensee has been guilty of fraud, deception, or misrepresentation in the procurement of a license; and/or
(b) The licensee was guilty of violating any of the provisions of this chapter.
[22-434, added 1985, ch. 247, sec. 2, p. 580; am. 1986, ch. 110, sec. 1, p. 303; am. 1989, ch. 41, sec. 1, p. 54; am. 1994, ch. 50, sec. 1, p. 88; am. 1997, ch. 17, sec. 2, p. 27; am. 1998, ch. 203, sec. 2, p. 722; am. 2000, ch. 140, sec. 1, p. 368; am. 2004, ch. 162, sec. 1, p. 528.]
(1) In order to maintain close contact between the department and the seed industry, there is hereby created a state seed laboratory advisory board which shall consist of nine (9) official members and nine (9) ex officio alternates appointed by the director of the department of agriculture from a list provided by the Idaho seed council. The Idaho seed council will nominate a member and an alternate for each vacancy on the advisory board to represent the following seed commodities:
(a) Cereal grains
(b) Grasses – turf
(c) Grasses – forage
(d) Small seeded legumes
(e) Corn and small seeded vegetables
(f) Garden beans
(g) Field beans
(h) Oil crops
(i) Natives.
The executive vice-president of the Idaho crop improvement association shall serve as a permanent tenth official member of the board. The president of the Idaho seed analysts association, or his representative, shall serve as a permanent eleventh official member of the board. Additionally, without the need for any nominations, the director shall appoint one (1) grower member who shall serve as the twelfth official member of the board and serve a three (3) year term.
(2) Existing member terms will end on the last May 31 of an existing term with the successor term to begin June 1 of the same year. All terms shall be for a period of three (3) years. A member and his alternate shall serve the same length of term. Vacancies in office shall be filled by an alternate for the unexpired term.
(3) Official members or an alternate present in the absence of his respective representative will have the right to vote. A member and his respective alternate are not to work for the same employer.
(4) Members or alternates of the board shall be compensated as provided in section 59-509(a), Idaho Code.
(5) The functions of the board shall be to advise and counsel with the department in the administration of the provisions of sections 22-414 through 22-436, Idaho Code.
(6) The board shall meet at the call of the chairman or the director of the Idaho department of agriculture or his designee. A majority of the members present at any meeting shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the board.
(7) At the first meeting after June 1, in each year, the board shall select a chairman. The director of the Idaho department of agriculture and the manager of the Idaho state seed laboratory in the department of agriculture or their representatives, shall be ex officio members without the right to vote.
[22-435, added 1989, ch. 209, sec. 1, p. 513; am. 1995, ch. 32, sec. 1, p. 50; am. 2003, ch. 121, sec. 1, p. 369; am. 2009, ch. 38, sec. 1, p. 109.]
(1) Requirement of arbitration. When any buyer claims to have been damaged by the failure of any seed for planting to produce or perform as represented by the required label to be attached to such seed under section 22-415, Idaho Code, or by warranty, or as a result of negligence, as a prerequisite to the buyer’s right to maintain a legal action against the dealer or any other seller of such seed, the buyer shall first submit the claim to arbitration as provided in this section. The monetary value of the claim must exceed three thousand dollars ($3,000). Any applicable period of limitations with respect to such claim shall be tolled until ten (10) days after the filing of the report of arbitration with the director of the department of agriculture as provided in subsection (5)(i) of this section.
(2) Notice of arbitration requirement. Conspicuous language calling attention to the requirement for arbitration under this section shall be referenced or included on the analysis label required under section 22-415, Idaho Code, or otherwise attached to the seed bag or package. Arbitration shall not be required unless this notice is included. A notice in the following form, or equivalent language, shall be sufficient:
NOTICE OF REQUIRED ARBITRATION
Under the seed laws of some states, arbitration is required as a precondition of maintaining certain legal actions, counterclaims or defenses against a seller of seed. The buyer must file a complaint along with the filing fee with the Idaho Department of Agriculture within such time as to permit inspection of the crops, plants or trees. The buyer shall notify and serve a copy of the complaint upon the seller by certified mail.
(3) Effect of arbitration.
(a) Agreement to arbitrate. The report of arbitration shall be binding upon all parties to the extent, if any, that they have so agreed in any contract governing the sale of the seed.
(b) Commencement of legal action. In the absence of an agreement to be bound by arbitration, a buyer may commence legal proceedings against a seller or assert such claim as a counterclaim or defense in any action brought by the seller, at any time after the receipt of the report of arbitration.
(c) Use as evidence. In any litigation involving a complaint which has been the subject of arbitration under this section, any party may introduce the report of arbitration as evidence of the findings of the report, and the court may give such weight to the arbitration council’s findings and recommendations as to damages and costs, as the court may see fit based upon all the evidence before the court. The court may also take into account any finding of the arbitration council with respect to the failure of any party to cooperate in the arbitration proceedings including, any finding as to the effect of delay in filing the arbitration claim upon the arbitration council’s ability to determine the facts of the case.
(4) Establishment of seed arbitration council. Each of the following individuals or organizations may provide a nomination list of five (5) names to the director. From the nomination lists, the director shall comprise a list consisting of fifteen (15) names from which three (3) members of the arbitration council shall be selected pursuant to the provisions of subsection (5)(c) of this section:
(a) The associate dean of the college of agriculture; director of the Idaho agricultural experiment stations, college of agriculture, university of Idaho.
(b) The department head of plant, soil and entomological sciences, college of agriculture, university of Idaho.
(c) The president of Idaho-eastern Oregon seed association.
(d) The president of the Idaho crop improvement association.
(e) The president of the Idaho farm bureau.
(5) Procedures.
(a) Commencement. A buyer may invoke arbitration by filing a sworn complaint with the director together with a filing fee of one hundred dollars ($100) which is nonrefundable. The buyer shall serve a copy of the complaint upon the seller by certified mail within such time as to permit inspection of the crops, plants or trees by the seed arbitration council or its representatives and by the dealer or seller from whom the seed was purchased. If the seeds are not planted, the buyer shall serve a copy of the complaint upon the seller by certified mail not later than two (2) years after the purchase of the seed lot.
(b) Seller’s answer. Within twenty (20) days after receipt of a copy of the complaint, the seller shall file with the director an answer to the complaint and serve a copy of the answer upon the buyer by certified mail.
(c) Referral to arbitration council. The complaint and answer shall be referred to a five (5) person arbitration council. Each party shall select one (1) arbitrator from the director’s list of nominees established under the provisions of subsection (4) of this section. Those arbitrators shall select a third arbitrator from the director’s list of nominees. A representative of the Idaho department of agriculture shall be the fourth arbitrator and a representative from the university of Idaho agricultural extension service shall be the fifth arbitrator. The five (5) member council shall select a chairman from its membership. The chairman shall conduct deliberations of the council and direct all of its other activities. Upon request by the chairman, the department may provide administrative support to the arbitration council.
(d) Investigation. Upon referral of a complaint for investigation the council shall make a prompt and full investigation of the matters complained of and report its findings and recommendations to the director within sixty (60) days of such referral or such later date as parties may determine.
(e) Scope of report. The report of the council shall include findings and recommendations as to investigation costs, if any, for settlement of a complaint.
(f) Authority of council. In the course of its investigation, the council or any of its members may:
(i) Examine the buyer and the seller on all matters which the council considers relevant.
(ii) Grow to production a representative sample of the seed through the facilities of the director or a designated university.
(iii) Submit seed samples for testing by state seed laboratory or appropriate laboratory.
(iv) Hold informal hearings at such time and place as the chairman may direct upon reasonable notice to all parties.
(v) Upon the chairman’s request, call any person in for comments knowledgeable on any matter under investigation.
(vi) Assess the cost of conducting the investigation to the nonprevailing party or between the parties of a given complaint when deemed appropriate.
(vii) Include as the cost of investigation: travel, lodging and meals as established by the state, for any witness called by the council, and other administrative and secretarial expenses.
(g) Delegation. The council may delegate all or any part of any investigation to one (1) or more of its members. Any such delegated investigation shall be summarized in writing and considered by the council in its report.
(h) Compensation. The members of the council shall be compensated as provided in section 59-509(b), Idaho Code.
(i) Distribution of report. After the council has made its report the director shall promptly transmit the report by certified mail to all parties.
[22-436, added 1989, ch. 370, sec. 2, p. 930; am. 1990, ch. 412, sec. 1, p. 1141; am. 1996, ch. 213, sec. 1, p. 690; am. 1996, Ch. 214, sec. 2, p. 696; am. 2009, ch. 38, sec. 2, p. 109.]
When used in this chapter:
(1) "Department" means the department of agriculture of the state of Idaho.
(2) "Certified potatoes" means potatoes certified according to chapter 15, title 22, Idaho Code, the seed and plant certification act or a similar act of another state or country.
(3) "Director" means the director of the Idaho department of agriculture.
(4) "Distribute" means to offer for sale, sell, barter or otherwise supply potatoes or to supply, furnish or otherwise provide potatoes to a person.
(5) "Person" means any individual, partnership, corporation, firm, association or agent.
(6) "Potatoes" means potatoes (Solanum tuberosum) that may be sold for or used as seed potatoes.
[22-501, added 1939, ch. 144, p. 261, no section number; am. 1996, ch. 215, sec. 1, p. 700; am. 2000, ch. 141, sec. 1, p. 369.]
All potatoes sold or offered for sale as "Idaho certified seed potatoes" must be packed, tagged and sealed in accordance with the Idaho rules of certification as authorized under chapter 15, title 22, Idaho Code.
[22-502, added 1939, ch. 144, sec. 2, p. 261; am. 1965, ch. 6, sec. 1, p. 8; am. 1996, ch. 215, sec. 2, p. 701.]
(1) All potatoes offered for sale, sold or delivered under contract or distributed into or within the state of Idaho for planting in the state of Idaho by any person from any state, territory, or country shall be certified and shall be accompanied by a certificate of inspection and a plant health certificate, and shall include the description of the grade, the findings of all inspections of each lot of seed, noting the name and amount of any disease observed, and generation of the potatoes and shall show that the potatoes were packed, sealed, and tagged under the certification standards of the state, territory, or country in which they were produced. Seed being imported into Idaho shall meet or exceed the Idaho certification standards for certified seed potatoes according to the Idaho rules of certification as authorized under chapter 15, title 22, Idaho Code. Imported seed lots that exceed tolerances for that specific generation required for Idaho seed, shall be downgraded to the next acceptable generation tolerances until rejection. Potatoes imported from any other state, country, or territory shall be certified and also be in compliance with other applicable rules of the department pertaining to potatoes.
(2) Idaho growers shall be allowed to plant uncertified potatoes grown by them as a part of their farming operation provided that they are no more than one (1) generation from their own certified parent seed potatoes. Uncertified potatoes planted by Idaho growers as provided for under this section must comply with all testing and any other conditions as set forth under this chapter and any rules promulgated pursuant to this chapter.
[22-503, added 1939, ch. 144, sec. 3, p. 261; am. 1971, ch. 118, sec. 1, p. 401; am. 1979, ch. 181, sec. 1, p. 536; am. 1996, ch. 215, sec. 3, p. 701; am. 2000, ch. 141, sec. 2, p. 369; am. 2003, ch. 108, sec. 1, p. 347.]
(1) Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than ten dollars ($10.00) per hundred weight of potatoes in violation or be imprisoned in the county jail for not more than six (6) months or be subject to both such fine and imprisonment.
(2) Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than ten dollars ($10.00) per hundred weight of potatoes in violation for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to chapter 52, title 67, Idaho Code. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under the provisions of this chapter may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected for violations shall be remitted to the agricultural inspection account.
(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.
[22-504, added 1939, ch. 144, sec. 4, p. 261; am. 1996, ch. 215, sec. 4, p. 701.]
The department is hereby authorized to promulgate rules that may be necessary for the efficient enforcement of the provisions of this chapter including, but not limited to, requirements for planting, testing, sampling, inspection, and compliance verification procedures. The department may by rules, establish a schedule of fees for services performed by the department in the administration of the rules. Receipts of these fees shall be deposited in the agricultural inspections account created pursuant to section 22-105, Idaho Code.
[22-505, added 1996, ch. 215, sec. 5, p. 702.]
In order to maintain close contact between the department and the potato industry there is hereby established an advisory committee to be appointed by the director. Any person or organization recognized by the potato industry may provide a nomination list of no more than two (2) individuals to the director. The committee shall be comprised of no more than twelve (12) individuals, one (1) of whom must be from the university of Idaho, and one (1) from the department.
[22-506, added 1996, ch. 215, sec. 6, p. 702.]
Nothing in this chapter shall be interpreted in such a manner as to interfere with the enforcement or implementation of provisions of section 22-2017, Idaho Code, crop management areas, or rules promulgated thereunder.
[22-507, added 1996, ch. 215, sec. 7, p. 703; am. 2007, ch. 51, sec. 1, p. 123.]
Upon application to the director, potato plantings of one (1) acre or less per variety are exempted from the certification requirements of this chapter. However, such plantings may at the discretion of the director be subject to any laboratory testing or field inspections as provided for by rule, at the owner’s expense.
[22-508, added 1996, ch. 215, sec. 8, p. 703.]
This chapter shall be known as: "The Idaho Seed Potato Act of 1996."
[22-509, added 1996, ch. 215, sec. 9, p. 703.]
(1) Requirement of arbitration. When any buyer claims to have been damaged by the failure of seed potatoes to perform as represented, or when any buyer claims to have been damaged by the failure of any seed potato to produce or perform as represented by the required label to be attached to such seed as prescribed in rules, or by warranty, or as a result of negligence, the buyer shall submit the claim to arbitration as provided in this section.
(2) Notice of required arbitration. In addition to the certification tag required under section 22-502, Idaho Code, conspicuous language calling attention to the requirement for arbitration under this section shall be referenced or included on a notice of required arbitration tag, or otherwise attached to the seed bag or package. A notice in the following form, or equivalent language, shall be sufficient.
NOTICE OF REQUIRED ARBITRATION
Under the seed laws of certain states, arbitration is required as a precondition of maintaining certain legal actions, counterclaims or defenses against a seller of seed. The buyer must file a complaint, along with the filing fee, with the State Department of Agriculture within such time as to permit inspection of the crops and notify seller of complaint by certified mail.
Arbitration shall not be required unless this notice is attached to the seed bag or package.
(3) Establishment of arbitration panel. Any individual or organization recognized by the potato industry in Idaho may provide a nomination list of five (5) names to the director. From that list of nominations, the director shall comprise a list consisting of fifteen (15) names from which the arbitration panel may be established.
(4) Procedures:
(a) Commencement. A buyer may invoke arbitration by filing a sworn complaint with the director together with a nonrefundable filing fee of one hundred dollars ($100). The buyer shall serve a copy of the complaint upon the seller by certified mail. Except in cases of seed which has not been planted, the complaint shall be filed within such time as to permit effective inspection of the plants under field conditions.
(b) Seller’s answer. Within twenty (20) days after receipt of a copy of the complaint, the seller shall file with the director an answer to the complaint and serve a copy of the answer upon the buyer by certified mail.
(c) Referral to arbitration panel. The complaint and answer shall be referred to a three (3) person arbitration panel. Each party shall select one (1) arbitrator from the arbitration panel established under the provisions of subsection (3) of this section. Those arbitrators shall select a third arbitrator from the director’s list of nominees. Upon request by the chairman, the department may provide administrative support to the arbitration panel.
(d) Findings and recommendations. The panel is empowered, upon review of the buyer’s complaint and the seller’s answer, to conduct an investigation and make findings and recommendations.
(e) Investigation. Upon referral of a complaint for investigation, the panel shall make a prompt and full investigation of the matters complained of and report its findings and recommendations to the director within sixty (60) days of such referral or such later date as parties may determine.
(f) Scope of report. The report of the panel shall include findings and recommendations as to costs, if any, for settlement of a complaint.
(g) Authority of panel. In the course of its investigation, the panel or any of its members may:
(i) Question the buyer and the seller and any other person having knowledge of the matter under investigation.
(ii) Grow to production a representative sample of the seed through the facilities of the director or a designated university.
(iii) Submit seed samples for testing by the state seed laboratory or other appropriate laboratory.
(iv) Hold informal meetings or hearings at such time and place as the chairman may direct upon reasonable notice to all parties.
(v) Assess the cost of conducting the investigation to the nonprevailing party of a given complaint.
(h) After the investigation and the report of the panel has been released, either party may request at their own expense, a final determination by an independent mediator. If the parties cannot come to an agreement through mediation, no record of the arbitration findings will be discussed or used in a court of law against either side.
[22-510, added 1996, ch. 214, sec. 3, p. 698.]
This chapter shall be known as the "Idaho Fertilizer Act of 2000."
[22-601, added 2000, ch. 295, sec. 2, p. 1012.]
The Idaho state department of agriculture, hereinafter referred to as the "department," shall administer this chapter.
[22-602, added 2000, ch. 295, sec. 2, p. 1012; am. 2001, ch. 147, sec. 1, p. 516.]
When used in this chapter:
(1) "Biosolid(s)" means a primary organic solid material produced by wastewater treatment processes that can be beneficially recycled for its plant nutrient content and soil amending characteristics, as regulated under the code of federal regulations, 40 CFR 503, as amended.
(2) "Brand" means a term, design, or trademark used in connection with one (1) or several grades of fertilizer.
(3) "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate.
(4) "Compost" means a biologically stable material derived from the composting process.
(5) "Composting" means the biological decomposition of organic matter. It is accomplished by mixing and piling in such a way to promote aerobic and/or anaerobic decay. The process inhibits pathogens, viable weed seeds and odors.
(6) "Coproduct" means a chemical substance produced for a commercial purpose during the manufacture, processing, use or disposal of another chemical substance or mixture.
(7) "Deficiency" means the amount of nutrient found by analysis to be less than that guaranteed, which may result from a lack of nutrient ingredients or from lack of uniformity.
(8) "Department" means the Idaho state department of agriculture or its authorized representative.
(9) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend fertilizer, or to offer for sale, sell, barter or otherwise distribute or supply fertilizer in this state.
(10) "Distributor" means any person who distributes.
(11) "Fertilizer" means any substance containing one (1) or more recognized plant nutrient which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, and includes limes and gypsum. It does not include unmanipulated animal manure and vegetable organic waste-derived material, or biosolids regulated under the code of federal regulations, 40 CFR 503, as amended.
(a) "Bulk fertilizer" means a fertilizer distributed in a nonpackaged form.
(b) "Customer formula fertilizer" means a mixture of fertilizer or materials of which each batch is mixed according to the specific instructions of the final purchaser.
(c) "Fertilizer material" means a fertilizer which either:
(i) Contains important quantities of no more than one (1) of the primary plant nutrients: nitrogen (N), phosphate (P2O5) and potash (K2O), or
(ii) Has eighty-five percent (85%) or more of its plant nutrient content present in the form of a single chemical compound, or
(iii) Is derived from a plant or animal residue or byproduct or natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.
(d) "Micronutrient fertilizer" means a fertilizer that contains valuable concentrations of micronutrients, but does not contain valuable concentrations of total nitrogen (N), available phosphate (P2O5), soluble potash (K2O), calcium (Ca), magnesium (Mg), or sulfur (S).
(e) "Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials.
(f) "Packaged fertilizer" means fertilizers, either agricultural or specialty, distributed in nonbulk form.
(g) "Specialty fertilizer" means a fertilizer distributed for nonagricultural use.
(h) "Waste-derived fertilizer" includes any commercial fertilizer derived from an industrial byproduct, coproduct or other material that would otherwise be disposed of if a market for reuse were not an option, but does not include fertilizers derived from biosolids or biosolid products regulated under the code of federal regulations, 40 CFR 503, as amended.
(12) "Grade" means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis. Provided however, that specialty fertilizers may be guaranteed in fractional units of less than one percent (1%) of total nitrogen, available phosphate, and soluble potash: provided further, that fertilizer materials, bone meal, and similar materials may be guaranteed in fractional units.
(13) "Guaranteed analysis" means the minimum percentage of plant nutrients claimed, for a total nitrogen, available phosphate, or soluble potash fertilizer, consistent with the grade and in the following order and form:
(a) Total nitrogen
Available phosphate
Soluble potash
(b) Unless approved by the department, all fertilizer intended for agricultural use with a total nitrogen, available phosphate, or soluble potash guarantee shall contain five percent (5%) or more of available nitrogen, phosphate, or potash, singly, collectively, or in combination.
(c) For unacidulated mineral phosphatic materials and basic slag, the guaranteed analysis shall contain both total and available phosphate and the degree of fineness. For bone, tankage, and other organic phosphatic materials, the guaranteed analysis shall contain total and available phosphate.
(d) The guaranteed analysis for limes shall include the percentage of calcium or magnesium expressed as their carbonate; the calcium carbonate equivalent as determined by methods prescribed by the association of official analytical chemists, international (AOAC); and the minimum percentage of material that will pass respectively a one hundred (100) mesh, sixty (60) mesh, and ten (10) mesh sieve.
(e) The guarantees for nutrients other than total nitrogen, available phosphate and soluble potash shall be expressed in the form of the element. The source (oxides, salts, chelates, etc.) of such other nutrients may be required to be stated on the application for registration and shall be included on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the department. Other guarantees shall not be included with the guarantee for nutrients, but shall be listed separately as "nonnutrient substances." When any plant nutrients or other substances or compounds are guaranteed they shall be subject to inspection and analysis in accordance with the methods and rules prescribed by the department.
(f) In a fertilizer with the principal constituent of calcium sulfate (gypsum), the percentage of calcium sulfate ( CaSO42H2O ) shall be given along with the percentage of total sulfur (S).
(14) "Investigational allowance" means an allowance for variations inherent in the taking, preparation and analysis of an official sample of fertilizer.
(15) "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer.
(16) "Labeling" means all written, printed, or graphic matter, upon or accompanying any fertilizer, or advertisements, brochures, posters, and television and radio announcements used in promoting the sale of such fertilizer.
(17) "Lime" means a substance or a mixture of substances, the principal constituent of which is calcium carbonate ( CaCO3 ), calcium hydroxide (Ca(OH)2), calcium oxide (CaO), magnesium carbonate (MgCO3), magnesium hydroxide (Mg(OH)2) or magnesium oxide (MgO), singly or combined, and capable of neutralizing soil acidity.
(18) "Manipulation" means actively processed or treated in any manner.
(19) "Manufacture" means to compound, produce, granulate, mix, blend, repackage, or otherwise alter the composition of fertilizer materials.
(20) "Micronutrient" means boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), nickel (Ni), sodium (Na), and zinc (Zn).
(21) "Official sample" means any sample of fertilizer taken by the director or his authorized agent and designated as "official" by the department.
(22) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings and other vegetative wastes, wood wastes from logging and milling operations, and food wastes. "Organic waste-derived material" does not include products that contain biosolids as defined in this section.
(23) "Packaged fertilizer" means fertilizers, either agricultural or specialty, distributed in nonbulk form.
(24) "Percent" or "percentage" means the percentage by weight.
(25) "Person" means an individual, partnership, association, firm or corporation.
(26) "Primary nutrient" means total nitrogen, available phosphate, and soluble potash.
(27) "Production" means to compound or fabricate a fertilizer through a physical or chemical process. Production does not include mixing, blending, or repackaging fertilizer products.
(28) "Registrant" means the person who registers fertilizer under the provisions of this act.
(29) "Storage container" means a container, including a railcar, nurse tank or other container that is used or intended for the storage of bulk liquid or dry fertilizer. It does not include a mobile container at a storage facility for less than fifteen (15) days if this storage is incidental to the loading or unloading of a storage container at the bulk fertilizer storage facility. Storage container does not include underground storage containers or surface impoundments such as lined ponds or pits.
(30) "Storage facility" means a location at which undivided quantities of liquid bulk fertilizer in excess of five hundred (500) U.S. gallons or undivided quantities of dry bulk fertilizer in excess of fifty thousand (50,000) pounds are held in a storage container. Temporary field storage of less than thirty (30) days is not considered a storage facility.
(31) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.
(32) "Tonnage-only distributor" means any person who assumes the responsibility for inspection fees and reports. A tonnage-only distributor must register with the department on forms provided by the director.
When not specifically stated in this section or otherwise designated by the department in rule, the department will be guided by the definitions of general terms, fertilizer materials and soil and plant amendment materials as set forth in the Official Publication of the Association of American Plant Food Control Officials (AAPFCO) or the Merck Index, published by Merck Co., Inc.
[22-603, added 2000, ch. 295, sec. 2, p. 1013; am. 2001, ch. 147, sec. 2, p. 516; am. 2008, ch. 131, sec. 1, p. 365; am. 2022, ch. 27, sec. 1, p. 75.]
The department shall administer, enforce, and carry out the provisions of this chapter and may adopt rules necessary to carry out its purposes including, but not limited to, the proper use, handling, transportation, storage, display, distribution, sampling, records, analysis, form, minimum percentages, fertilizer ingredients, exempted materials, investigational allowances, definitions, labels, labeling, misbranding, mislabeling and disposal of fertilizers and their containers. The adoption of rules is subject to public hearing as prescribed by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.
[22-604, added 2000, ch. 295, sec. 2, p. 1015; am. 2001, ch. 147, sec. 3, p. 519.]
(1) Registration of products.
(a) Each separately identifiable fertilizer product except individual customer-formula mixes shall be registered by the person who manufactures or distributes fertilizer into or within the state of Idaho before being offered for sale, sold, or otherwise distributed into or within this state. Companies planning to mix customer-formula fertilizers shall include the statement "customer-formula mixes" or "CFM" on the registration application form. The application for registration shall be submitted to the department on forms furnished by the department and shall be accompanied by a nonrefundable fee of seventy-five dollars ($75.00) per separately identifiable fertilizer product. Upon approval by the department, a certificate of registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:
(i) The brand, grade and product name for each product;
(ii) The name and address of the registrant; and
(iii) A current label meeting the requirements of section 22-607, Idaho Code, for each product.
(b) A distributor is not required to register any fertilizer that is already registered under this chapter, as long as the label remains unchanged.
(c) If an application for renewal of the product registration provided for in this section is not postmarked by January 31, a penalty of ten dollars ($10.00) per product shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration certificate is issued.
(d) The department shall examine the fertilizer product registration application form and labels for conformance with the requirements of this chapter. If the application, information and appropriate labels are in proper form and contain all the required information, the fertilizer products shall be registered by the department and a certificate of registration shall be issued to the applicant. The department may refuse to register or cancel the registration of any fertilizer product in violation of any provision of this chapter.
(e) In reviewing the fertilizer product registration application, the department may consider experimental data, manufacturers’ evaluations, data from agricultural experiment stations’ product review evaluations, and other authoritative sources to substantiate labeling claims. The data shall be from statistically designed and analyzed trials representative of the soil, crops, and climatic conditions found in the northwestern area of the United States.
(f) In determining whether approval of a label statement or guarantee of an ingredient is appropriate, the department may require the submission of a written statement describing the methodology of laboratory analysis used, the source of the ingredient material, and any reference material relied on to support the label statement or guarantee of ingredient.
(g) Any waste-derived fertilizer distributed as a single-ingredient product or blended with other fertilizer ingredients must be identified as "waste-derived fertilizer" by the registrant in the application for registration.
(h) The registrant of a waste-derived fertilizer shall state in the application for registration the levels of nonnutritive metals including, but not limited to, arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb) and selenium (Se). The registrant shall provide a laboratory report or other documentation verifying the levels of the nonnutritive metals in the waste-derived fertilizer. The registrant shall provide a new laboratory report upon a change of any nutrient source containing waste-derived material.
(i) Any person distributing commercial fertilizer into or within Idaho to an Idaho registrant or a tonnage-only distributor must be a registrant or a tonnage-only distributor.
(j) If a product is found being offered for sale, sold, or otherwise distributed into or within Idaho prior to registration, the department is authorized to assess a penalty of twenty-five dollars ($25.00) on each product in addition to the annual registration fee as provided in this section.
(2) Registration of storage facilities.
(a) Distributors shall register each of their in-state storage facilities with the department. The application for registration shall be submitted to the department on forms furnished by the department and shall be accompanied by a nonrefundable fee of one hundred dollars ($100) per distributor. Upon approval by the department, a certificate of registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:
(i) The name and address of the registrant and location of storage facility;
(ii) Listing of storage containers by volume, per storage facility.
(b) If an application for renewal of the storage facility registration provided for in this section is not postmarked by January 31, a penalty of ten dollars ($10.00) per storage facility shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration certificate is issued.
(c) The department shall be notified of the installation of any additional storage container or containers to a storage facility within thirty (30) days of installation.
(d) If the department is not notified within thirty (30) days of the installation of any additional storage container or containers, a penalty of fifty dollars ($50.00) shall be assessed.
[22-605, added 2000, ch. 295, sec. 2, p. 1015; am. 2001, ch. 147, sec. 4, p. 520; am. 2008, ch. 131, sec. 2, p. 369; am. 2022, ch. 27, sec. 2, p. 78.]
The department may require submission of the complete formula of any fertilizer and the source of all ingredients if it is deemed necessary for the registration of any fertilizer product or the administration of this chapter. Any formula so submitted is exempt from disclosure to the public pursuant to section 74-107(1) or (2), Idaho Code.
[22-606, added 2000, ch. 295, sec. 2, p. 1017; am. 2015, ch. 141, sec. 28, p. 407.]
(1) Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in a clearly legible and conspicuous form the following information:
(a) The net weight;
(b) The brand and grade, provided that the grade shall not be required when no primary nutrients are claimed;
(c) Product name;
(d) Guaranteed analysis;
(e) The name and address of the registrant, or manufacturer, or both;
(f) The sources from which the guaranteed plant nutrients are derived; and
(g) Directions for use of specialty fertilizers distributed to the end user.
(2) In the case of bulk shipments, this information in written or printed form, shall accompany delivery and be supplied to the purchaser.
(3) Each delivery of a customer-formula fertilizer shall contain those ingredients specified by the purchaser. The ingredients shall be shown on the statement or invoice with the amount contained therein, and a record of all invoices of customer-formula grade mixes shall be kept by the registrant for a period of thirty-six (36) months and shall be available to the department upon request; provided, that each delivery shall be accompanied by either a statement, invoice, delivery slip, or label if bagged, containing the following information:
(a) The net weight;
(b) The guaranteed analysis or evidence of grade which may be stated to the nearest tenth of a percent or to the next lower whole number, or weight and grade of each ingredient;
(c) The name and address of the registrant or manufacturer, or both; and
(d) The name and address of the purchaser.
[22-607, added 2000, ch. 295, sec. 2, p. 1017; am. 2008, ch. 131, sec. 3, p. 371.]
(1) The department shall inspect, sample, analyze, and test fertilizers distributed within this state, at a time and place and to the extent the department deems necessary, to determine whether the fertilizers comply with this chapter. The department may stop any commercial vehicle transporting fertilizers on the public highways and direct it to the nearest scales approved by the department to check weights of fertilizers being delivered. The department may also, upon presentation of proper identification, enter any distributor’s premises, including any vehicle of transport, at all reasonable times in order to have access to fertilizers for sampling and to examine and make copies of records relating to their distribution.
(2) The methods of sampling and analysis shall be those adopted by the department from officially recognized sources including, but not limited to, the association of American plant food control officials (AAPFCO) and the association of official analytical chemists, international (AOAC).
(3) The department, in determining for administrative purposes whether a fertilizer is deficient in any component or total nutrients, shall be guided solely by the official sample as defined in section 22-603(21), Idaho Code, and obtained and analyzed as provided for in this section.
(4) When the inspection and analysis of an official sample has been made, the department shall forward the results of the analysis to the distributor and manufacturer, and to the purchaser upon request. Upon written request and within thirty (30) days of the results of analysis, the department shall furnish to the distributor and/or manufacturer a portion of the sample concerned.
(5) If analyses of samples made by the department indicate deficiencies in the fertilizer examined, below guaranteed analysis, and in excess of the tolerances specified by rules promulgated under this chapter, the department shall immediately notify the manufacturer and/or distributor of the fertilizer of the results of the analyses. The manufacturer or seller of the fertilizer may, upon written request, obtain from the department a portion of the sample(s) in question. If he fails to agree with the analyses of the department, he may request an umpire who shall be one (1) of a list of not less than three (3) public analysts of recognized ability in fertilizer analyses, who shall be named by the department. The umpire analyses shall be made at the expense of the manufacturer or seller requesting the same. If the umpire agrees more closely with the department, the figures of the department shall be considered correct. If the umpire agrees more closely with the figures of the manufacturer or distributor, then the figures of the manufacturer or distributor shall be considered correct.
(6) Analysis of an official sample by the department shall be accepted as prima facie evidence by any court of competent jurisdiction.
[22-610, added 2000, ch. 295, sec. 2, p. 1018; am. 2001, ch. 147, sec. 5, p. 521; am. 2008, ch. 131, sec. 6, p. 373.]
(1) If the analysis shows that any fertilizer deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients, a penalty shall be assessed in favor of the department at the rate of three (3) times the value of the deficiency or twenty-five dollars ($25.00), whichever is greater, when the deviation exceeds the tolerances established by rules promulgated under this chapter. Provided, that penalties for any specialty fertilizer that deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients shall be determined as authorized under section 22-619, Idaho Code, and rules promulgated pursuant to this chapter.
(2) All penalties assessed under this section or any rule hereunder on any one (1) fertilizer, represented by the sample analyzed, shall be paid to the department within three (3) months after the date of notice from the department to the registrant. The department shall deposit the amount of the penalty into the "commercial feed and fertilizer fund."
(3) Nothing contained in this section or any rule hereunder shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsections (1) and (2) of this section.
(4) Penalties payable as provided for in subsections (1) and (2) of this section or any rule hereunder shall in no manner be construed as limiting the consumer’s right to bring a civil action in damage against the registrant paying the penalties.
(5) Penalties for short weights, both packaged and bulk, shall be assessed at the rate of three (3) times the invoiced value if the deficiency exceeds the tolerances established by rule.
[22-611, added 2000, ch. 295, sec. 2, p. 1019; am. 2004, ch. 108, sec. 1, p. 382.]
For the purpose of initially determining the commercial value to be applied under the provisions of section 22-611, Idaho Code, the department shall determine and publish annually the values per unit of nitrogen, available phosphate, soluble potash, secondary elements and micro-elements used in this state. The values so determined and published shall be used in determining and assessing penalties as authorized under section 22-611, Idaho Code.
[22-612, added 2000, ch. 295, sec. 2, p. 1020; am. 2004, ch. 108, sec. 2, p. 383.]
No person shall distribute a misbranded fertilizer. A fertilizer is misbranded if:
(1) The labeling is false or misleading;
(2) It is distributed under the name of another fertilizer product;
(3) It is not labeled as required in section 22-607, Idaho Code, and in accordance with rules prescribed under this chapter; or
(4) It purports to be or is represented as a fertilizer, or is represented as containing a plant nutrient or fertilizer unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by rule of the department. In adopting such rules the department shall give due regard to commonly accepted definitions and official fertilizer terms as stated or provided for in section 22-603, Idaho Code.
[22-613, added 2000, ch. 295, sec. 2, p. 1020; am. 2001, ch. 147, sec. 6, p. 522.]
No person shall distribute an adulterated fertilizer product. A fertilizer is adulterated if:
(1) It contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label; or, if adequate warning statements or directions for use which may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown upon the label;
(2) Its composition falls below or differs from that which it is purported to possess by its labeling; or
(3) It contains unwanted crop seed or weed seed.
[22-614, added 2000, ch. 295, sec. 2, p. 1020.]
The department shall publish at least annually and in a form it deems proper: the total tonnage of fertilizer distributed, the number of total official samples analyzed and the number of deficient official samples analyzed, and any other information the department deems fit.
[22-615, added 2000, ch. 295, sec. 2, p. 1020.]
The department may issue and enforce a written or printed "stop sale, use, or removal" order to the distributor, owner or custodian of any fertilizer and hold the fertilizer, or order it held, at a designated place when the department finds the fertilizer is being offered for sale in violation of this chapter, until the law has been complied with and the fertilizer is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. The owner or custodian of any fertilizer that has been issued a "stop sale, use, or removal" order shall remedy the violations within ninety (90) days, unless the department grants a written extension. The department shall release the fertilizer so withdrawn when the requirements of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
[22-616, added 2000, ch. 295, sec. 2, p. 1021; am. 2001, ch. 147, sec. 7, p. 522.]
Any fertilizer that does not comply with this chapter is subject to seizure on complaint of the department to a court of competent jurisdiction in the geographic area in which the fertilizer is located. If the court finds the fertilizer to be in violation of this chapter and orders the condemnation of the fertilizer, the fertilizer shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of the state; provided, that in no instance shall the disposition of the fertilizer be ordered by a court of competent jurisdiction without first giving the claimant an opportunity to apply to the court for release of the fertilizer or for permission to process or relabel the fertilizer to bring it into compliance with this chapter.
[22-617, added 2000, ch. 295, sec. 2, p. 1021.]
It is unlawful for any person to:
(1) Distribute a misbranded fertilizer;
(2) Fail, refuse or neglect to place upon or attach to each container of distributed fertilizer a label containing the information required by this chapter;
(3) Fail, refuse or neglect to deliver to a purchaser of bulk fertilizer a statement containing the information required by this chapter;
(4) Distribute a fertilizer which has not been registered with the department;
(5) Distribute a fertilizer containing viable seeds unless serving a desirable purpose and appropriately labeled;
(6) Distribute an adulterated fertilizer;
(7) Distribute a fertilizer weighing less than that which it is purported to weigh;
(8) Distribute a fertilizer different from the guaranteed analysis purported on the label; or
(9) Fail or refuse to provide, keep or maintain records and information as required by this chapter.
[22-618, added 2000, ch. 295, sec. 2, p. 1021.]
(1) Any person convicted of violating any of this chapter or the rules promulgated thereunder or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the director or a duly authorized agent from the performance of their duty in connection with this chapter, is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500) for the first violation, and not more than one thousand five hundred dollars ($1,500) for a subsequent violation. In all prosecutions under this chapter involving the composition of a lot of commercial fertilizer, a certified copy of the official analysis signed by the director or his duly authorized agent shall be accepted as prima facie evidence of the composition.
(2) Any person who violates or fails to comply with this chapter or any rules promulgated thereunder may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the director is unable to collect the penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the director has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.
(3) Nothing in this chapter requires the director or a duly authorized representative to report minor violations of the chapter for prosecution, or for the institution of seizure proceedings, when the director believes that the public interest will be best served by a suitable notice of warning in writing.
(4) Each prosecuting attorney to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the director reports a violation for such prosecution, an opportunity shall be given the distributor to present his view to the director.
(5) The director may apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule promulgated under the chapter notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
[22-619, added 2000, ch. 295, sec. 2, p. 1021; am. 2001, ch. 147, sec. 8, p. 523.]
All moneys received by the director from the registration of various fertilizers and from the payment to him of moneys derived from the registration and inspection fees charged on such fertilizers, and moneys collected for a violation(s) of this chapter or rules promulgated thereunder, shall be paid into the state treasury and placed in a fund to be known as the "commercial feed and fertilizer fund." Moneys in the commercial feed and fertilizer fund are continuously appropriated for the purposes of carrying out the provisions of this chapter.
[22-620, added 2000, ch. 295, sec. 2, p. 1022; am. 2008, ch. 131, sec. 7, p. 374.]
The director may cooperate with and enter into agreements with other governmental agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purposes of this chapter.
[22-621, added 2000, ch. 295, sec. 2, p. 1023.]
The enactment of this chapter does not terminate or modify any civil or criminal liability which already exists on July 1, 2000.
[22-622, added 2000, ch. 295, sec. 2, p. 1023.]
Nothing in this chapter restricts or precludes sales or exchanges of fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or prevents the free and unrestricted shipments of fertilizer to manufacturers or manipulators who have registered their products as required by this chapter.
[22-623, added 2000, ch. 295, sec. 2, p. 1023.]
If any clause, sentence, paragraph, or part of this chapter is judged invalid by any court of competent jurisdiction, the judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its operation to the clause, sentence, paragraph, or part of the chapter directly involved in the controversy in which the judgment has been rendered.
[22-624, added 2000, ch. 295, sec. 2, p. 1023.]
When not otherwise stated in this chapter or rule adopted under this chapter, the statements of uniform interpretation and policy as adopted in the annual Official Publication of the Association of American Plant Food Control Officials (AAPFCO) shall guide the department when making decisions in the areas covered by AAPFCO statements of uniform interpretation and policy.
[22-625, added 2001, ch. 147, sec. 9, p. 523.]
(1) No local government entity including, but not limited to, any city, county, township, or municipal corporation or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state of Idaho, shall:
(a) Regulate the registration, packaging, labeling, sale, storage, distribution, use and application of fertilizers;
(b) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizers.
(2) Ordinances adopted by the local government entity in violation of this section are void and unenforceable.
(3) The provisions of subsections (1) and (2) of this section shall not preempt county or city local zoning ordinances governing the physical location or siting of fertilizer manufacturing, storage and sales facilities or protecting the quality of ground water or surface water in accordance with applicable state and federal law.
[22-626, added 2005, ch. 387, sec. 1, p. 1248.]
The business of marketing farm products in this state is hereby declared to be affected with a public interest and to be subject to regulation and control by the state. The term "farm products" within the meaning of this section shall be deemed to mean all products, except livestock, grown in garden, on farm, ranch, or orchard, including poultry and poultry products, butter, cream, cheese and all other dairy products.
[(22-701) 1917, ch. 24, sec. 1k, p. 64; compiled and reen. C.L. 79:10; C.S., sec. 2031; am. 1923, ch. 50, sec. 1, p. 57; I.C.A., sec. 22-701.]
After investigation and public hearing the department of agriculture may, from time to time, as far as practicable, establish and promulgate standards for open and closed receptacles for farm products and standards for the grade and other classification of farm products, by which their quantity, quality or value may be determined, and prescribe and promulgate rules and regulations governing the marks, brands and labels which may be required upon receptacles for farm products for the purpose of showing the name and address of the producer or packer, the quantity, nature and quality of the product, or any of them, and for the purpose of preventing deception in reference thereto; provided, that any standard for any farm product or receptacle therefor or any requirement for making receptacles for farm products now or hereafter established under authority of the congress of the United States, shall forthwith, as far as applicable and practicable, be established or prescribed and promulgated by the department as the official standard or requirement in this state.
[(22-702) 1917, ch. 24, sec. 1l, p. 64; reen. C.L. 79:11; C.S., sec. 2032; I.C.A., sec. 22-702; am. 1969, ch. 28, sec. 1, p. 53.]
Whenever any standard for the grade or other classification of any farm product becomes effective under this chapter, no person thereafter shall pack for sale, offer to sell, or sell within this state any such farm product to which such standard is applicable unless it conforms to the standard, subject to such reasonable variations therefrom as may be allowed pursuant to the rules promulgated in accordance with this chapter or allowed pursuant to chapter 2, title 37, Idaho Code. A farm product may be packed for sale, offered for sale, or sold without conformity to the standard or grade or other classification applicable thereto when such product will be consumed or used for manufacturing purposes wholly within this state, if it is not specifically described as state graded or packed under state standard, in accordance with such regulations as the department of agriculture may prescribe.
[(22-703) 1917, ch. 24, sec. 1m, p. 64; reen. C.L. 79:12; am. 1919, ch. 165, sec. 1, p. 533; C.S., sec. 2033; I.C.A., sec. 22-703; am. 2026, ch. 91, sec. 2, p. 506.]
(1) All onions sold to the consumer by retail stores in this state shall be graded, sized and marked in accordance with United States standards for grades of onions. Nothing in the provisions of this section shall prohibit the sale of bulk onions to the consumer in retail stores if such onions are clearly identified to the consumer as to grade, size and state of origin providing, however, that locally grown onions need not comply with the above standards if clearly marked UNGRADED.
(2) The department of agriculture may inspect all onions offered for sale in retail stores, and at all wholesale distributors or onion dealers selling or offering onions for sale to retail outlets. The purpose of the inspections shall be to ensure that onions offered for sale are properly identified as to grade and size and are within the standards established by the United States for grades of onions. Any inspectors appointed by the department may order the removal or regrading and remarking of any onions which are misbranded or mismarked or which no longer meet the required standards of the grade.
(3) The department of agriculture may promulgate rules and regulations, in accordance with chapter 52, title 67, Idaho Code, necessary to enforce the provisions of this section.
(4) The department shall be entitled to injunctive relief against any and all violators of the provisions of this section or of any rules and regulations promulgated pursuant to this section. The department may recover any and all damages of any character resulting from such violation or violations.
[22-703A, added 1982, ch. 85, sec. 1, p. 158.]
Upon application of any owner or person, firm, corporation or association in charge of farm products, the department of agriculture is authorized to appoint, license or designate persons to inspect and classify such farm products and to certify as to the grade or other classification thereof, in accordance with the standards made effective under this chapter, and shall fix, assess and collect or cause to be collected the fees for such services. Whenever, after opportunity for a hearing is afforded to any person appointed, licensed or designated under this section, it is determined by the department that such person has failed to classify farm products correctly, in accordance with the standards established therefor under this chapter, or has violated any provision of this chapter or of the rules and regulations made hereunder, the department may suspend or revoke the appointment, license or designation of such person. Pending investigation, the department may suspend or revoke any such appointment, license or designation temporarily without hearing.
[(22-704) 1917, ch. 24, sec. 1n, p. 65; reen. C.L. 79:13; C.S., sec. 2034; I.C.A., sec. 22-704.]
The owner or person in possession of any farm product classified in accordance with section 22-704 may appeal from such classification to the department, under such rules and regulations as the department may prescribe, which shall issue a certificate of the grade or other classification thereof.
[(22-705) 1917, ch. 24, sec. 1o, p. 65; reen. C.L. 79:14; C.S., sec. 2035; I.C.A., sec. 22-705.]
A certificate of the grade or other classification of any farm product issued under this chapter shall be accepted in any court of this state as prima facie evidence of the true grade or other classification of such farm product at the time of its classification.
[(22-706) 1917, ch. 24, sec. 1p, p. 65; reen. C.L. 79:15; C.S., sec. 2036; I.C.A., sec. 22-706.]
Any person, firm, corporation or other organization who violates any provision of this chapter or of the rules and regulations made under this chapter for carrying out the provisions of this section, fails or refuses to comply with any requirement of this chapter or who wilfully interferes with the department, its agents or employees in the execution or on account of the execution of its or their duties under this chapter, shall be guilty of a misdemeanor.
[(22-707) 1917, ch. 24, sec. 1q, p. 65; compiled and reen. C.L. 79:16; C.S., sec. 2037; I.C.A., sec. 22-707.]
(1)(a) It shall be the duty of every person growing or packing and selling, offering for sale, or shipping in boxes or packages, any fruit grown in this state, or imported into this state, to plainly mark the same on the outside of the box or package with the name of the variety contained therein or with the words "variety unknown," the name of the place or locality where grown and the name of the grower, or, in the case of sale or shipment through an association or organization of growers, the name of such association, and the lot number of the grower, and, in case of apples, pears, or peaches, the net weight or the number contained in the package.
(b) In addition to the marks required to be placed on any closed package of fruit grown in this state, the grower thereof, or association or organization of growers packing the same, shall mark on the outside of such package the grade of the fruit contained therein.
(2) It shall be unlawful:
(a) For any person to:
(i) Mark or place on any package the name of any other place or locality than the place where such fruit was grown, except the place to which shipped;
(ii) Falsely mark any such package as to variety, name of grower, association or organization, or place where grown;
(iii) Obliterate or change the original marks on any such package; or
(iv) Remark a package with the name of any other grower or of any other place than that by or in which the contents were grown, or in case such package is marked with the name of an association or organization of growers to remark the same with the name of any other association or organization;
(b) For any person, having in his possession for sale, or offering for sale, or selling any fruit grown in this state and shipped in closed packages, to repack the same in the boxes or packages of any other grower or shipper or from any other place, to sell or offer for sale in closed packages any such fruit except in the original packages, or to pack in or offer for sale, from any marked box or package, any fruit other than that originally contained or shipped therein;
(c) For any person to remark any closed package as a higher or superior grade than that originally marked by the grower thereof or association or organization packing the same; and
(d) For any person other than the grower or association or organization packing such fruit grown in this state to place on any closed package, not marked with the grade of the contents thereof, any mark or brand indicating the grade of such contents.
(3) Nothing in this section shall be construed to apply to:
(a) Canned or dried fruit; or
(b) Those operating pursuant to chapter 2, title 37, Idaho Code.
[(22-801) 1919, ch. 192, sec. 1, p. 575; am. 1925, ch. 52, sec. 1, p. 76; I.C.A., sec. 22-801; am. 1937, ch. 226, sec. 1, p. 402; am. 2026, ch. 91, sec. 3, p. 506.]
It shall be unlawful for any grower thereof or association or organization of growers packing apples to mark the package with the grade of the contents unless such contents shall comply with the general rules and regulations made, adopted, issued and published from time to time by the director of the department of agriculture, which general rules and regulations shall govern the packing of apples and define and establish the standards for the several grades thereof; which general rules and regulations shall be adopted, issued and published within ninety (90) days after the taking effect of this chapter and the director of the department of agriculture is authorized and directed in the month of July of each year to make, adopt, issue and publish general rules and regulations governing the packing of apples and establishing and defining the grades thereof for the ensuing year and in adopting the same the director is authorized to consult and advise with fruit growers, the officers of associations or organizations of apple growers, or distributors or dealers in apples.
[(22-802) 1919, ch. 192, sec. 2, p. 275; C.S., sec. 2039; I.C.A., sec. 22-802; am. 1957, ch. 85, sec. 1, p. 135; am. 1974, ch. 18, sec. 12, p. 364; am. 1976, ch. 70, sec. 1, p. 238.]
For enabling the director of the department of agriculture to investigate and certify to shippers and other interested parties the quality and condition of fruits, he shall, upon request of interested parties, inspect or cause to be inspected as to condition and grading by authorized inspectors, by him appointed, any or all fruits prepared or being prepared for shipment and is hereby authorized to issue certificates of inspection to said shippers or other interested parties, certifying as to the condition and grade of such fruits, under such rules and regulations as he may prescribe, including payment, by party requesting such inspection, of such fees as will be reasonable and as nearly as may be to cover the cost for services rendered. In carrying out the provisions of this chapter the director may cooperate with the United States department of agriculture or other inspection agencies.
[(22-803) 1919, ch. 192, sec. 3, p. 575; C.S., sec. 2040; I.C.A., sec. 22-803; am. 1974, ch. 18, sec. 13, p. 364.]
Any person who violates any provision of this chapter shall, upon conviction thereof, be adjudged guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than $200, or shall be imprisoned in the county jail not less than ten (10) days nor more than six (6) months, or shall be punished by both fine and imprisonment.
[(22-804) 1919, ch. 192, sec. 4, p. 575; C.S., sec. 2041; I.C.A., sec. 22-804.]
(1) When potatoes are marketed or offered for shipment, within the state of Idaho, for packing, repacking, or processing purposes, or when potatoes are offered for sale by the grower direct to the consumer or when "Idaho Certified" seed stock, as defined by the Idaho state seed certification officials, are offered for sale, the provisions of this act prescribing grades and requiring grading shall not apply; but in all other cases when potatoes are packed for sale, offered for sale, sold, or offered for shipment within or outside the state of Idaho, such potatoes shall be graded either as "Idaho Deluxe," "Idaho Standard," or "Idaho Utility." Potatoes marketed within the state of Idaho or outside the state of Idaho may conform to grades promulgated by an act of congress or by authority of the secretary of agriculture of the United States, if the shipper or grower so desires.
(2) All potatoes not meeting the requirements of grade hereinabove provided for and hereinafter set out are hereby declared to be detrimental to the potato industry of the state of Idaho and shall not be marketed, except as provided in this section.
(3) All potatoes conforming to the grades hereinabove and hereinafter set out shall be packed in containers or bags in conformity with the provisions of this chapter and rules promulgated pursuant thereto.
(4) When potatoes are to be shipped out of state in bulk, permission shall first be obtained from the Idaho department of agriculture. All permits issued hereunder shall be issued subject to the requirement that the potatoes to be shipped must be graded and must either meet the Idaho grades or the United States department of agriculture grades for potatoes; except that potatoes shipped outside the state for processing into a changed form or product do not need to be graded.
(5) The Idaho department of agriculture may promulgate the necessary rules and forms to carry out the provisions of this chapter.
[22-901, added 1941, ch. 32, sec. 1, p. 72; am. 1965, ch. 146, sec. 1, p. 285; am. 1970, ch. 175, sec. 1, p. 505; am. 2026, ch. 91, sec. 4, p. 507.]
Idaho Deluxe potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics, the minimum size of which shall be either two (2) inches in diameter or four (4) ounces in weight, except as hereinafter provided for, and not less than forty percent (40%) of the potatoes in the lot shall be six (6) ounces or larger, and which are fairly well shaped, free from freezing injury, blackheart, and soft rot or wet breakdown and from damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, air cracks, internal disorders, cuts, shriveling, sprouting, scab, blight, dry rot, rhizoctonia, other disease, insects or mechanical or other means, except that this grade may contain not more than fifteen percent (15%) by weight of potatoes meeting the requirements of Idaho Standard Grade as hereinafter provided for, providing that none of this fifteen percent (15%) of potatoes by weight shall be smaller in size by weight than ten (10) ounces.
In order to allow for variations other than size, incident to proper grading and handling, not more than six percent (6%) of the potatoes in any container may be below the requirements of the grade, but not to exceed one sixth (1/6) of this amount or one percent (1%) may be allowed for potatoes affected by soft rot or wet breakdown. In addition, not more than five percent (5%) by weight may be damaged by internal disorders, and in addition, not more than three percent (3%) may be below the prescribed size, provided, however, that when potatoes of this grade are packed to meet a minimum size requirement of six (6) ounces or more by weight, the tolerance for undersize shall be five percent (5%), but not more than two percent (2%) may be smaller than two (2) inches in diameter or four (4) ounces in weight.
[22-902, added 1941, ch. 32, sec. 2, p. 72; am. 1970, ch. 175, sec. 2, p. 505.]
Idaho Standard potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics, the minimum size of which shall be two (2) inches in diameter, or four (4) ounces in weight, except as hereinafter provided for, and not less than forty percent (40%) of the potatoes in the lot shall be six (6) ounces or larger, and which are free from freezing, injury, blackheart, soft rot or wet breakdown and from serious damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, air cracks, internal disorders, cuts (potatoes with clipped ends permissible only in tolerance hereinafter provided for), shriveling, scab, blight, dry rot, other disease, insects or mechanical or other means.
In order to allow for variations other than size, incident to proper grading and handling, not more than six percent (6%) of the potatoes in any container may be below the requirements of the grade, but not to exceed one sixth (1/6) of this amount or one percent (1%) shall be allowed for potatoes affected by soft rot or wet breakdown. In addition, not more than five percent (5%) may be seriously damaged by internal disorders, and not more than three percent (3%) may be below the prescribed size provided, however, that when potatoes of this grade are packed to meet a minimum size requirement of six (6) ounces or more by weight, the tolerance for undersize shall be five percent (5%), but not more than two percent (2%) may be smaller than two (2) inches in diameter, or four (4) ounces in weight.
[22-903, added 1941, ch. 32, sec. 3, p. 72; am. 1970, ch. 175, sec. 3, p. 505.]
Idaho Utility potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics and shall be not less than one and one-half (1 1/2) inches in diameter and which are free from freezing injury, blackheart, and soft rot or wet breakdown, and from serious damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, air cracks, internal disorders, cuts, shriveling, scab, blight, dry rot, other disease, insects or mechanical or other means.
In order to allow for variations other than size incident to proper grading and handling, not more than six percent (6%) of the potatoes in any container may be below the requirement of the grade, but not to exceed one sixth (1/6) of this amount, or one percent (1%), shall be allowed for potatoes affected by soft rot or wet breakdown. In addition, not more than three percent (3%) may be below the prescribed minimum size and not more than five percent (5%) in addition may be seriously damaged by internal disorders.
[22-904, added 1941, ch. 32, sec. 4, p. 72; am. 1970, ch. 175, sec. 4, p. 505.]
All percentages shall be calculated on the basis of weight.
The tolerances for the standards are on a container basis. However, if the averages for the entire lot, based on sample inspection, are within the tolerances specified in the standards, the contents of individual packages in the lot may vary from the specified tolerances subject to the following limitations.
In packages containing over 15 specimens, when the tolerance specified is 10 percent or more, not over one tenth (1/10) of the individual packages in the lot may contain more than one and one-half (1 1/2) times the tolerance, but no package may contain more than four (4) times the tolerance for soft rot or wet breakdown.
When the tolerance specified is less than 10 percent, not over one tenth (1/10) of the individual packages in any lot may contain more than double the tolerance specified, but no package may contain more than four (4) times the tolerance for soft rot or wet breakdown.
In packages containing 15 specimens, or less, not over one tenth (1/10) of the individual packages in any lot may contain more than double any tolerance specified, except that at least one (1) defective specimen shall be permitted in a package.
[22-905, added 1941, ch. 32, sec. 5, p. 72.]
When potatoes, sized six (6) ounces or larger, are packed in containers branded in accordance with the grade to which they conform, they may, in addition, carry a tag or brand bearing the designation "Idaho Bakers."
[22-906, added 1941, ch. 32, sec. 6, p. 72.]
The term "containers" means cloth, plastic, paper, or fiber sacks (such as are customarily used in the shipment of potatoes), cartons, barrels, boxes, crates, hampers, or baskets. Cloth or fiber sacks in which potatoes not exempt under the provisions of this act are packed for shipment, shall be new or recleaned, bright, undamaged sacks. Provided, however, that on and after September 1, 1949, no container known as a mugged bag can be used on any grade or grades of potatoes as defined in this act. The term "mugged bag" means any bag, after such bag has been filled and the top thereof closed or secured, which is not fully closed at the top and which leaves the mouth thereof partially open so that the lips of the bag are not drawn closely together.
The term "undamaged" means that sacks have unbroken hems and may have not more than two (2) holes of not more than one (1) inch in diameter.
[22-907, added 1941, ch. 32, sec. 7, p. 72; am. 1949, ch. 108, sec. 1, p. 197; am. 1965, ch. 146, sec. 2, p. 285.]
When potatoes are packed in containers, such containers shall be branded, marked, labeled, or stenciled in a plain and legible manner with the name of the grade as hereinbefore provided for and to which such potatoes conform. When the containers contain one hundred (100) pounds or more, such brands, marks, labels, or stencils shall be in two (2) inch or larger block type letters, but when the containers contain less than one hundred (100) pounds, the brands, marks, labels, or stencils may be in proportion to the size of the container.
The brands, marks, labels, or stencils shall be branded in a color or colors to contrast with the color of the container, and shall be on the same side of the bag or container as the private brand or other printing on the container, and shall be in such position as to be readily legible with the other printed matter or design on the container. On one hundred (100) pound bags, the grade designation shall not be nearer than six (6) inches to the top or bottom of the bag; on bags containing less than one hundred (100) pounds, the grade designation shall be placed in position in proportion relatively to the one hundred (100) pound bag.
[22-908, added 1941, ch. 32, sec. 8, p. 72.]
Private brands may be used when such brands include the official grade title and are registered, approved and recorded by the state department of agriculture.
[22-909, added 1941, ch. 32, sec. 9, p. 72.]
As used in these standards:
"Soft rot or wet breakdown" means any soft, mushy, or leaky condition of the tissue such as slimy soft rot, leak, or wet breakdown following freezing or sunscald.
"Diameter" means the greatest dimension at right angles to the longitudinal axis. The long axis shall be used without regard to the position of the stem (rhisome).
"Fairly well shaped" means that the appearance of the individual potato or the general appearance of the potatoes in the container is not materially injured by pointed, dumbbell-shaped or otherwise ill-formed potatoes.
"Free from damage" means free from any injury or defect which materially injures the appearance of the individual potato or the general appearance of the potatoes in the container, or which cannot be removed without a loss of more than five percent (5%) of the total weight of the potato including peel covering defective area. Loss of outer skin (epidermis) shall not be considered as damage unless the skinned surface is materially affected by very dark discoloration. Any one (1) of the following defects or any combination of defects the seriousness of which exceeds the maximum allowed for any one (1) defect shall be considered as damage:
(a) Second growth or growth cracks which have developed to such an extent as to materially injure the appearance of the individual potato or the general appearance of the potatoes in the container.
(b) Air cracks which are deep, or shallow air cracks which materially injure the appearance of the individual potato or the general appearance of the potatoes in the container.
(c) Shriveling, when the potato is more than moderately shriveled, spongy, or flabby.
(d) Sprouting when more than ten percent (10%) of the potatoes have sprouts over three-fourths (3/4) of an inch long.
(e) Surface scab which covers an area of more than five percent (5%) of the surface of the potato in the aggregate.
(f) Pitted scab which affects the appearance of the potato to a greater extent than the amount of surface scab permitted or causes a loss of more than five percent (5%) of the total weight of the potato including peel covering defective area.
(g) Rhizoctonia when the general appearance of the potatoes in the container is materially injured or when individual potatoes are badly infected.
(h) Dirt when the general appearance of the potatoes in the container is more than slightly dirty or stained, or when individual potatoes are badly caked with dirt or badly stained; or other foreign matter which materially affects the appearance of the potatoes.
(a) Dirt when the general appearance of the potatoes in the container is seriously affected by tubers badly caked with dirt; or other foreign matter which seriously affects the appearance of the potatoes.
(b) Cuts when both ends are clipped or when more than an estimated one-third (1/3) of the potato is cut away from one (1) end or when the remaining portion of the clipped potato weighs less than four (4) ounces.
Other cuts which seriously affect the appearance of the individual potato or which cannot be removed without a loss of more than ten percent (10%) of the total weight of the potato including peel covering defective area.
(c) Shriveling when the potato is excessively shriveled, spongy, or flabby.
(d) Surface scab which covers an area of more than fifty percent (50%) of the surface of the potato in the aggregate.
(e) Pitted scab which affects the appearance of the potato to a greater extent than the amount of surface scab permitted or causes a loss of more than ten percent (10%) of the total weight of the potato including peel covering defective area.
(a) Random sampling: The process of selecting a sample from a lot whereby each unit in the lot has an equal chance of being chosen.
(b) Sample portion: A randomly selected portion of the potatoes taken from the lot which when composited with other portions will represent the quality of the lot.
(a) Official sampling: The sampler is a trained and licensed employee of the federal/state inspection service. The federal/state inspection service or the Idaho department of agriculture assumes full responsibility for employees in this position, ensuring that proper sampling methods and procedures, sample identity and security are maintained.
(b) Supervised sampling: The sampler is not an employee of the federal/state inspection service nor the Idaho department of agriculture. Sampling methods and procedures, sample identity and security are randomly checked and supervised by the federal/state inspection service. Before a sampler can be employed as a supervised sampler, the sampler shall be trained and approved by the federal/state inspection service.
Federal/state inspection service registers shall contain the names of trained and approved samplers used for this type of sampling. Worksheets and certificates or computer printouts from this type of sampling shall show supervised sampling.
"Submitted samples" mean samples that are drawn, marked and controlled by the applicant requesting inspection and submitted to the inspection service for grading results. Work sheets and certificates or computer printouts from this type of sampling shall show "submitted sample."
Any handler of potatoes requesting grade or quality inspections from the federal/state inspection service using sampling methods other than official sampling shall notify all financially interested parties.
Any processor, packer or shipper of potatoes who uses other than the official sampling as defined in this chapter, shall notify the grower of this fact. The penalties for any deviation in sampling procedures or for tampering with a sample or altering a certificate are provided in section 22-912, Idaho Code.
[22-910, added 1941, ch. 32, sec. 10, p. 72; am. 1990, ch. 190, sec. 1, p. 420.]
(a) It shall be unlawful within the state of Idaho to offer for sale or sell to any retail dealer for the purpose of resale to the consumer, or to offer for sale or sell to the consumer in any retail store or market in this state, any potato which has not been graded or which does not meet the grading standards of chapter 9, title 22, Idaho Code.
(b) All potatoes sold to the consumer by retail stores or markets in this state shall be graded and marked in accordance with the standards set forth in this chapter. Provided, however, that nothing in this act shall be construed as to prohibit the sale of bulk potatoes to the consumer in retail stores or markets if such potatoes are clearly identified to the consumer as to grade and state of origin.
(c) The director of the department of agriculture may cause to be made, by qualified inspectors appointed for that purpose, inspections of all potatoes offered for sale in all retail stores or markets, and at all wholesale distributors or potato dealers selling or offering potatoes for sale to retail outlets. Such inspections shall be for the purpose of ensuring that potatoes offered for sale are properly identified as to grade and are within the standards set forth in chapter 9, title 22, Idaho Code. Such inspectors shall order the removal or regrading and remarking of any potatoes which are misbranded or mismarked or which no longer meet the required standards of grade.
(d) The director shall adopt rules and regulations necessary to enforce the provisions of this section, and may regulate the handling, transportation, storage and display of all potatoes offered for sale to the consumers in this state so as to enhance the quality thereof.
[I.C., sec. 22-911, as added by 1972, ch. 233, sec. 1, p. 614; am. 1974, ch. 18, sec. 14, p. 364.]
Any person violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500 or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
[22-912, added 1941, ch. 32, sec. 12, p. 72.]
In addition to the remedy prescribed in the foregoing section for the violation of the provisions of this act, any person, firm or corporation violating, or threatening to violate, any of the provisions of this act may be enjoined from violating the same; such injunction proceedings may be instituted by the director of the department of agriculture as plaintiff, and the attorney general or prosecuting attorney of the county where the violation or threatened violation of this act has occurred, on demand of the director, shall represent the director in such proceedings. In any such proceedings no bond shall be required of the plaintiff.
[22-913, added 1941, ch. 32, sec. 13, p. 72; am. 1974, ch. 18, sec. 15, p. 364.]
If any part of this act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this act. The legislature hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be declared unconstitutional.
[22-914, added 1941, ch. 32, sec. 15, p. 72.]
The legislature finds that urban agriculture is the production of food and other agricultural products in urban areas of city impact settings. This includes in-ground and raised-bed production as well as aquaponic and hydroponic production systems. Additionally, urban agriculture also includes the rearing of honeybees, fish, and livestock where allowed by local government. There are four (4) broad categories of urban agriculture: Market gardening, urban farming, community gardening, and victory gardening. Urban agriculture can be a profession, supplemental or livelihood, a form of therapeutic work, a form of recreation, a mode of education, a practice of community development, an effort to increase food security and community nutrition, and a way to regenerate and beautify neighborhoods.
[22-1001, added 2024, ch. 176, sec. 1, p. 662.]
(1) "Community gardening" means a single plot of land that is gardened collectively by a group of people. Community gardens can be further divided into single plots or maintained as one (1) large plot. Entities, including but not limited to schools, food pantries, and faith-based organizations, often host community gardens. City or county land bank properties as well as privately owned plots are used for community gardens.
(2) "Market gardening" means small scale production of agricultural products grown to sell through marketing channels such as farmers markets and community supported agriculture shares.
(3) "Urban farming" means farming that produces food crops for sale to others and can be larger in scale than market gardening. Urban farms may be organized as for-profit businesses operated by individuals or as nonprofit social enterprises designed to provide food to address food insecurity, provide vocational training, or address another community issue, typically at the neighborhood level. Urban farms operated as social enterprises are typically managed by nongovernmental organizations. Urban farming includes indoor controlled-environment production, including hydroponic and aquaponic systems.
(4) "Victory gardening" means producing food at one’s residence primarily for household consumption or donation.
[22-1002, added 2024, ch. 176, sec. 1, p. 662.]
The legislature recognizes a public benefit and provides consumer protection in establishing standards for food products marketed and labeled using the term "organic", or a derivative of the term "organic." These standards will also facilitate the development of out-of-state markets for Idaho food grown by organic methods.
[22-1101, added 1990, ch. 145, sec. 1, p. 325.]
In this chapter:
(1) "Director" means the director of the department of agriculture or the director’s designee.
(2) "Food products" shall include all agricultural, horticultural, viticultural and vegetable products of the soil, apiary and apiary products, poultry and poultry products, livestock and livestock products, milk and dairy products and aquaculture products.
(3) "Handler" means any person engaged in the business of handling agricultural products, including producers who handle crops or livestock of their own production, except such term shall not include final retailers of agricultural products that do not process agricultural products.
(4) "Livestock" means any cattle, sheep, goat, swine, poultry, or equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; wild or domesticated game; or other nonplant life, except such term shall not include aquatic animals or bees for the production of food, fiber, feed, or other agricultural-based consumer products.
(5) "Organic certification seal" means the design approved by the director and which when imprinted or affixed on labels, packages or products, or used in advertising in any manner, shall signify that the standards and rules developed in accordance with the provisions of this chapter and all other conditions of the provisions of this chapter have been met.
(6) "Organic food product" means any food product that is marketed using the term organic, or any derivative of the term organic in its labeling or advertising. Organic foods are those processed, packaged, transported and stored to retain maximum nutritional value, without the use of artificial preservatives, coloring or other additives, irradiation, or synthetic pesticides.
(7) "Organically grown food products" means food products which are produced without the use of synthetically compounded fertilizers, pesticides, or growth regulators for a period not less than thirty-six (36) months prior to harvest. Organically grown food products are produced under the standards and rules established in accordance with the provisions of this chapter and by other qualified agencies.
(8) "Person" means an individual, partnership, corporation, association, cooperative, or other entity.
(9) "Producer" means a person who engages in the business of growing or producing food, fiber, feed, and other agricultural-based consumer products.
(10) "Vendor" means any person who sells organic food products to the consumer or another vendor.
[22-1102, added 1990, ch. 145, sec. 1, p. 325; am. 1992, ch. 314, sec. 1, p. 936; am. 1994, ch. 99, secs. 2 & 3, p. 224 and 225; am. 1999, ch. 136, secs. 1 & 2, p. 383 and 384; am. 2001, ch. 75, sec. 2, p. 181; am. 2007, ch. 53, sec. 1, p. 124.]
(1) The administration and enforcement of the provisions of this chapter shall be under the director. The director is authorized, in conformance with chapter 52, title 67, Idaho Code, to promulgate rules concerning, but not limited to:
(a) Standards for agricultural crops and livestock produced for sale as organically grown food products.
(b) Records required of organically grown food products producers.
(c) The number of on-site inspections, announced and unannounced.
(d) Chemical residue analysis of organically grown food products and fees for conducting such analysis.
(e) Certification of private laboratories to conduct chemical residue analyses.
(f) Standards that a producer must meet to be recognized as a producer under the provisions of this chapter.
(g) Development and distribution of the organic certification seal and standards for its application for use on Idaho organically grown food products.
(h) Development and implementation of labeling standards.
(i) Rules establishing organic standards for poultry and poultry products, livestock and livestock products, milk and dairy products or aquaculture products, which will be promulgated in consultation with the appropriate agricultural or commodity organizations as determined by the director. No pending or temporary rule adopted by the department shall become final and effective before the conclusion of the regular or special legislative session at which the rule was submitted for review pursuant to sections 67-5224 and 67-5291, Idaho Code.
(j) Standards for health care and medical treatment for livestock qualifying as organically grown food products and for the prevention and control of infections or communicable diseases among such livestock.
(k) Standards for prohibitions against denial of health care for or medical treatment of livestock in order to obtain or retain organic certification.
(2) An annual list of all certified organic producers, handlers and vendors shall be distributed to state regulatory authorities, and to other persons upon request.
[22-1103, added 1990, ch. 145, sec. 1, p. 326; am. 1992, ch. 314, sec. 2, p. 936; am. 1999, ch. 136, secs. 3 & 4, p. 385 and 386; am. 2000, ch. 190, secs. 1 & 2, p. 470 and 471; am. 2001, ch. 75, sec. 3, p. 182; am. 2011, ch. 50, sec. 1, p. 114.]
Any person violating a rule promulgated by the director to implement provisions of this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the department is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under this section may, within twenty-eight (28) days of the final agency action making the assessment, seek judicial review of the assessment in accordance with the provisions of chapter 52, title 67, Idaho Code.
Moneys collected for violation of a rule or regulation shall be deposited in the state treasury and credited to the organic food products administration account of the department.
[22-1104, added 1990, ch. 145, sec. 1, p. 326; am. 1993, ch. 216, sec. 2, p. 589; am. 2002, ch. 88, sec. 1, p. 209.]
A producer, vendor or handler shall not sell or resell or offer for sale or resale any food product with the representation that the product is an organically grown food product if the producer, vendor or handler knows, or has reason to know, that the food product has not been grown, raised or produced as an organically grown food product as defined in this chapter. Violations of this section shall be punishable as provided in section 22-1104, Idaho Code.
[22-1105, added 1990, ch. 145, sec. 1, p. 327; am. 2001, ch. 75, sec. 4, p. 183.]
The director may adopt rules establishing a fee schedule that will provide for the recovery of the full cost of the certification program. Fees collected pursuant to this section shall be deposited in the organic food products administration account which is hereby created in the dedicated fund of the state treasury. Moneys in the account shall be used solely for carrying out the provisions of this chapter and may be expended only pursuant to appropriation. The director may employ as many personnel as are necessary to carry out the provisions of this chapter.
[22-1106, added 1990, ch. 145, sec. 1, p. 327; am. 2001, ch. 75, sec. 5, p. 183.]
(1) There is hereby created in the department of agriculture, the organic food advisory council which shall consist of seven (7) members who shall be appointed by the director. Organizations representing Idaho’s organic food products industry shall nominate to the director one (1) member and one (1) alternate for each vacancy on the advisory council to represent the following categories of organic food products:
(a) Cereals, grains and legumes;
(b) Dairy and livestock;
(c) Forage and feed;
(d) Herbs; and
(e) Vegetables and row crops.
At least one (1) member shall be a purchaser, vendor or consumer of organic food products, and one (1) member shall represent conventional agriculture. Three (3) members of the council shall be originally appointed for a term of two (2) years and four (4) members of the council shall be appointed for a term of three (3) years. Thereafter all terms shall be for a period of three (3) years. If a vacancy occurs, the director may appoint a replacement for the remainder of the term.
(2) The organic food advisory council shall advise the director on matters relating to administration of the provisions of this chapter. A majority of the members of the council shall represent a quorum. The council shall meet at the call of the chairman or the director.
(3) Members of the council shall be compensated as provided in section 59-509(b), Idaho Code.
[22-1107, added 1990, ch. 145, sec. 1, p. 327; am. 2001, ch. 75, sec. 6, p. 183; am. 2002, ch. 88, sec. 2, p. 210.]
Any person aggrieved by an agency action in the administration and enforcement of this chapter or rules promulgated pursuant thereto may, within sixty (60) days after the action is taken, petition the director for a hearing to determine the matter as provided for in relation to contested cases pursuant to chapter 52, title 67, Idaho Code.
[22-1108, added 1994, ch. 99, sec. 1, p. 224.]
It is in the best interest of all the people of the state of Idaho that the abundant natural resources of Idaho be protected, fully developed, and uniformly distributed. The potato industry is one of the agricultural industries that contributes to the economic welfare of the state. It is the purpose of this chapter to promote the public health and welfare of the citizens of the state by providing means for the protection, promotion, study, research, analysis and development of markets relating to the growing and promotion of Idaho potato products and byproducts.
[22-1201, added 2004, ch. 188, sec. 2, p. 583.]
There is hereby created and established in the department of self-governing agencies the "Idaho potato commission" to be composed of nine (9) practical potato persons, resident citizens of the state of Idaho for a period of three (3) years prior to their appointment each of whom has had active experience in growing, or shipping, or processing of potatoes produced in the state of Idaho. At least five (5) members of said commission shall be growers who are actually now engaged in the production of potatoes. Two (2) of the members shall be shippers who are actually now engaged in the shipping of potatoes, and two (2) of the members shall be processors who are actually now engaged in the processing of potatoes. The qualifications for members of said commission as above required shall continue throughout their respective terms of office. Three (3) growers shall be nominated for each grower vacancy that occurs, from which the governor shall appoint one (1). Two (2) grower commissioners shall be appointed from the district known as District No. 1, consisting of the counties of Oneida, Franklin, Bear Lake, Caribou, Bannock, Power, Bingham, Bonneville, Teton, Madison, Jefferson, Fremont, Clark, Butte, Custer, and Lemhi; one (1) grower commissioner shall be appointed from the district known as District No. 2A, consisting of the counties of Twin Falls, Jerome, Lincoln, Camas, Elmore, Boise, Valley, and Gooding; one (1) grower commissioner shall be appointed from the district known as District No. 2B, consisting of the counties of Cassia, Minidoka, Blaine, Custer and Lemhi; and one (1) grower commissioner shall be appointed from the district known as District No. 3, consisting of the counties of Owyhee, Ada, Canyon, Gem, Payette, Washington, Adams, Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Shoshone, Kootenai, Bonner, and Boundary. Three (3) shippers shall be nominated for each shipper vacancy that occurs from which the governor shall appoint one (1). Shipper commissioners do not necessarily need to be nominated from geographical areas. Three (3) processors shall be nominated for each processor vacancy that occurs from which the governor shall appoint one (1). Processor commissioners do not necessarily need to be nominated from geographical areas. Nominations must be made thirty (30) days prior to appointment. All nominations must give equal consideration to all who are eligible for appointment as defined in this act. The Idaho potato commission shall hold separate meetings of the growers, shippers, or processors, as the nominations to be made shall require, in the various districts, to determine who shall be nominated for appointment. Notice of said meetings shall be given by publication in one (1) newspaper published in each county of the district or districts in which said nominations are to be made, and the notice shall be published in two (2) issues of each newspaper, the first to be approximately thirty (30) days and the second approximately ten (10) days before said meeting. The notice shall state the purpose, time and place of said meeting. All meetings held for the selection of nominees shall be held prior to March 31 of the year the appointment or appointments are to be made.
The term of office shall be three (3) years and no commissioner shall serve more than two (2) consecutive terms. The commissioners shall elect a chairman for a term of one (1) year.
Vacancies shall be filled as terms expire. Each of such commissioners shall hold office until his successor has been appointed and qualified. The term of office shall commence on September 15 of the year of appointment and expire on September 14 of the last year of the term of office.
A majority of the members of said commission shall constitute a quorum for the transaction of all business and the carrying out of the duties of said commission. Before entering on the discharge of their duties as members of said commission, each member shall take and subscribe to the oath of office prescribed for state officers.
Each member of the commission shall be compensated as provided by section 59-509(j), Idaho Code, provided however, that compensation paid to members of the commission from and after April 1, 1992, shall not be considered salary as defined in section 59-1302(31), Idaho Code.
[22-1202, added 1939, ch. 172, sec. 2, p. 312; am. 1957, ch. 274, sec. 1, p. 632; am. 1961, ch. 316, sec. 1, p. 603; am. 1969, ch. 213, sec. 2, p. 614; am. 1974, ch. 13, sec. 3, p. 138; am. 1974, ch. 115, sec. 1, p. 1283; am. 1980, ch. 247, sec. 8, p. 587; am. 1985, ch. 109, sec. 1, p. 212; am. 1997, ch. 320, sec. 1, p. 945.]
The executive office of said commission is hereby established in Ada county.
[22-1203, added 1939, ch. 172, sec. 3, p. 312; am. 2001, ch. 183, sec. 1, p. 615.]
As used in this act:
The term "commission" means the Idaho potato commission.
The term "person" means individual, partnership, corporation, association, grower and/or any other business unit.
The term "potatoes" means and includes only potatoes sold or intended for human consumption and grown in the state of Idaho.
"Shipment" of potatoes shall be deemed to take place when the potatoes are loaded within the state of Idaho, in a car, bulk, truck or other conveyance in which the potatoes are to be transported for sale or otherwise.
The term "dealer" means and includes any person engaged in the business of buying, receiving, processing, or selling potatoes for profit or remuneration.
The term "shipper" means and includes one who is properly licensed under federal and state laws, actively engaged in the packing and shipping of potatoes in the primary channel of trade in interstate commerce in the state of Idaho, who does not provide the primary management to a growing or processing operation, and who ships more than he produces.
The term "grower" means one who is actively engaged in the growing of potatoes on five (5) or more acres in the state of Idaho, and who does not provide the primary management to a shipping or processing operation.
Potatoes shall be deemed to be delivered into the primary channel of trade when any such potatoes are sold or delivered for shipment, or delivered for canning and/or processing into by-products.
The term "hundredweight" means each one hundred (100) pound unit or combination of packages making a one hundred (100) pound unit of any shipment of potatoes based on invoice and/or bill of lading records.
The term "processor" means a person who is actively engaged in the processing of potatoes in the state of Idaho for human consumption.
The term "processing" means changing the form of potatoes from the raw or natural state into a product for human consumption.
The term "handler" means and includes any person processing potatoes or handling them in the primary channel of trade.
The term "tax" means an assessment levied on potatoes covered by this act for the sole purpose of financing, on behalf of the potato industry in Idaho, the commission’s activities in carrying out the purposes of this act.
[22-1204, added 1939, ch. 172, sec. 4, p. 312; am. 1957, ch. 274, sec. 2, p. 632; am. 1961, ch. 316, sec. 2, p. 603; am. 1969, ch. 213, sec. 3, p. 614; am. 1973, ch. 121, sec. 1, p. 229; am. 2019, ch. 201, sec. 1, p. 619; am. 2026, ch. 55, sec. 2, p. 245.]
The administration of this act shall be vested in the Idaho potato commission which shall have power to prescribe and enforce suitable and reasonable rules for the enforcement of the provisions thereof, and shall administer the taxes levied and imposed by this act. Said commission shall have power to cause its duly authorized agent or representative to enter upon the premises of any grower, dealer and/or handler of potatoes, and to examine or cause to be examined by any such agent or representative any of the following items: any books, papers, records, ledgers, purchase journals, sales journals, electronically and/or magnetically recorded data, computers and computer records or memoranda bearing on the amount of taxes payable or the correct usage of any Idaho trade or certification mark, and to secure all other information directly or indirectly concerned in the enforcement of this act.
[22-1205, added 1939, ch. 172, sec. 5, p. 312; am. 1957, ch. 274, sec. 3, p. 632; am. 1969, ch. 213, sec. 4, p. 614; am. 1998, ch. 25, sec. 1, p. 140.]
Any handler, dealer or grower who fails to make collection or file return or to pay any tax within the time required by or pursuant to this act shall thereby forfeit to the state a penalty of ten per cent (10%) of the amount of tax determined to be due, as provided in this act, plus one and one-half percent (1 1/2%) of such amount of tax determined to be due for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such tax became due; but the commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the Idaho potato commission and disposed of as provided with respect to moneys derived from the taxes levied and imposed by this act.
[22-1206, added 1939, ch. 172, sec. 6, p. 312; am. 1973, ch. 121, sec. 2, p. 229; am. 1985, ch. 109, sec. 2, p. 213.]
The powers and duties of the commission shall include the following:
(1) To adopt and from time to time alter, rescind, modify and/or amend all proper and necessary rules and orders for the exercise of its powers and the performance of its duties under this chapter.
(2) To contract and be contracted with.
(3) To employ and at its pleasure discharge agents, personnel, and such other help as it deems necessary and to outline their powers and duties and fix their compensation.
(4) To make in the name of the commission such agreements as may be necessary.
(5) To keep books, records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller at all times.
(6) To purchase or authorize the purchase of all office equipment and supplies and to incur all other reasonable and necessary expenses and obligations in connection with and required for the proper carrying out of the provisions of this chapter.
(7) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state, or the United States government, engaged in work or activity similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education, product protection, promotion and reciprocal enforcement of these objectives.
(8) To investigate and prosecute in the name of the state of Idaho violations of this chapter or any suit or action for the collection of fees, taxes or penalties as hereinafter provided, or to protect brands, marks, packages, brand names, trademarks, certification marks or other intellectual property rights being promoted or used by the commission.
(9) To lease, purchase or own the real or personal property deemed necessary in the administration of this chapter.
(10) To define and describe such grade or grades of potatoes in accordance with the provisions of this chapter.
(11) To define and designate the character of the brands, labels, stencils, or other distinctive marks under which said potatoes may be promoted in order to secure the greatest returns to producers.
(12) To devise and require the application of either a seal, label, brand, package, or any other suitable device that will protect the identity of the original Idaho pack of potatoes as near to the final consumer as possible.
(13) Whenever and wherever it deems it to be necessary the commission shall use its offices to prevent any substitution of other potatoes for Idaho potatoes and to prevent the misrepresentation, mislabeling or the misbranding of Idaho potatoes at any and all times at any and all points where they discover the same is being done and to require the disclosure of the growing area of origin upon potato containers by all persons doing business in the state of Idaho.
(14) To require all those using any of the Idaho potato trade or certification marks, or handling or packing potatoes grown in Idaho, to execute an agreement in the form prescribed by the commission to ensure compliance with the provisions of this chapter.
(15) To devise a suitable system for tracking shipments of Idaho potatoes and Idaho potato products to prevent the misrepresentation, mislabeling or the misbranding of Idaho potatoes.
(16) To prevent the unlicensed use of the Idaho potato trade or certification marks including, but not limited to, the marks "Grown in Idaho," "Famous Idaho Potatoes" and "Idaho Potatoes."
(17) To make, conduct or carry on studies and research in connection with the raising, production and promotion of potatoes, including study and research dealing with the industrial and other uses of potatoes and their byproducts, and the extension and stabilization of markets for such commodities; to disseminate information with respect to such study and research as a part of the commission’s promotional activities authorized by this chapter and to assist, aid and educate growers, dealers and handlers in the raising, production and promotion of potatoes.
(18) To require all persons with their principal place of business located in the state of Idaho to pay a one hundred dollar ($100) annual license fee for use of any Idaho potato trade or certification mark and to require all persons with their principal place of business located outside of the state of Idaho to pay a three hundred dollar ($300) annual license fee for use of any Idaho potato trade or certification mark.
For the accomplishment of such ends the commission is hereby empowered to employ the necessary persons or contract for the performance of required services; to cooperate with any organization of growers in this state, whether organized by authority of law or voluntary, engaged in carrying on similar activities and to participate jointly with any such organization, by contract or otherwise, in financing such study and research or paying for the employment of persons or services required or in carrying out projects and programs as herein contemplated; provided, however, expenditures authorized by the commission for the purposes herein mentioned shall not exceed an amount equal to twelve and one-half percent (12 1/2%) of the tax collected on potatoes levied and imposed pursuant to section 22-1211, Idaho Code.
Provided, further, that none of the powers specified in subsection (17) of this section shall be exercised, and no expenditure of revenue as provided in subsection (17) of this section shall be authorized except upon the affirmative vote of six (6) or more of the members of the commission.
(19) The commission, in furtherance of its duties under this chapter and under its rules, shall have the power to administer oaths, certify to official acts and to issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony. The commission may, if a witness refuses to attend or testify, or to produce any papers required by such subpoenas, report to the district court in and for the county in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witnesses, or the production of said papers, that the witness has been properly summoned, and that the witness has failed and refused to attend or produce the papers required by this subpoena before the commission, or has refused to answer questions propounded to him in the course of said proceedings, and ask an order of said court compelling the witness to attend and testify and produce said papers before the commission. The court, upon the petition of the commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten (10) days from the date of the order, and then and there shall show cause why he had not attended and testified or produced said papers before the commission. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission and regularly served, the court shall thereupon order that said witness appear before the commission at the time and place fixed in said order, and testify or produce the required papers. Upon failure to obey said order, said witness shall be dealt with for contempt of court. Provided that in proceedings before the commission where evidence is sought from witnesses who are not residents of this state, the commission is authorized to obtain subpoenas issued by the clerk of the district court. Subpoenas so requested shall be issued by the clerk of the district court under the seal of the court, shall state the name of the court and the title of the administrative action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. Subpoenas shall be used only to require attendance of a witness at a deposition or hearing. The clerk shall issue a subpoena or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service.
[22-1207, added 1939, ch. 172, sec. 7, p. 312; am. 1955, ch. 156, sec. 1, p. 304; am. 1961, ch. 316, sec. 4, p. 603; am. 1967, ch. 297, sec. 1, p. 847; am. 1969, ch. 213, sec. 5, p. 614; am. 1972, ch. 399, sec. 1, p. 1160; am. 1981, ch. 310, sec. 1, p. 651; am. 1985, ch. 109, sec. 3, p. 214; am. 1993, ch. 211, sec. 1, p. 572; am. 1994, ch. 48, sec. 3, p. 79; am. 1994, ch. 180, sec. 15, p. 430; am. 1997, ch. 308, sec. 1, p. 913; am. 1998, ch. 25, sec. 2, p. 140; am. 2004, ch. 188, sec. 3, p. 583.]
The commission is authorized and directed to disseminate information:
(a) Relating to potatoes and the importance thereof in preserving the public health, the economy thereof in the diet of the people and the importance thereof in the nutrition of children;
(b) Relating to the manner, method and means used and employed in the production, transportation, promotion and grading of potatoes and to laws of the state regulating and safeguarding such production, transportation, promotion and grading;
(c) Relating to the added cost to the producer and dealer in producing and handling potatoes to meet the high standards imposed by the state that insure a pure and wholesome product;
(d) Relating to the effect upon the public health which would result from a breakdown of the Idaho potato industry;
(e) Relating to the reasons why producers and dealers should receive a reasonable return on their labor and investment;
(f) Relating to the problem of furnishing the consumer at all times with an abundant supply of fine quality potatoes at reasonable prices;
(g) Relating to factors of instability peculiar to the vegetable industry in general, and the potato industry in particular, such as unbalanced production, effect of the weather, influence of consumer purchasing power and price relative to the cost of other items of food in the normal diet of people, all to the end that an intelligent and increasing consumer demand may be created;
(h) Relating to the possibilities of increased consumption of Idaho potatoes;
(i) Relating to such other, further and additional information as shall tend to promote increased consumption of Idaho potatoes, as may foster a better understanding and more efficient cooperation between producers, dealers and the consuming public;
(j) Relating to branding, labeling, stenciling, sealing or packaging to promote and use Idaho potatoes and to protect their identity as far as possible to the final consumer.
[22-1208, added 1939, ch. 172, sec. 8, p. 312; am. 1969, ch. 213, sec. 6, p. 614; am. 2004, ch. 188, sec. 4, p. 585.]
(1) Immediately upon receipt, all moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited annually by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
[22-1209, added 1988, ch. 52, sec. 2, p. 77; am. 1993, ch. 327, sec. 6, p. 1199; am. 1994, ch. 180, sec. 16, p. 432; am. 1996, ch. 159, sec. 7, p. 512; am. 2003, ch. 32, sec. 4, p. 119.]
All contractual expenses incurred by the commission in performing its duties and exercising its powers shall be without liability on the part of the state. All tort obligations arising out of acts and omissions of the commission are binding on the state of Idaho as, and to the extent provided for, in chapter 9, title 6, Idaho Code.
No member of the commission shall receive any compensation for his services as such member, except as provided in section 22-1202, Idaho Code, but members and employees of the commission and other persons acting under the direction of the commission shall, if approved by the commission, be reimbursed for their actual and reasonable expenses incurred in performing their duties under this chapter.
[22-1210, added by 1973, ch. 121, sec. 4, p. 229; am. 1988, ch. 52, sec. 3, p. 78; am. 1999, ch. 64, sec. 2, p. 168; am. 2000, ch. 12, sec. 1, p. 26.]
There is hereby levied and imposed a tax of four cents (4¢) per hundredweight on potatoes covered by this chapter, which tax shall be due on or before the time when such potatoes are first handled in the primary channels of trade and shall be paid at such time or times as the commission may by rule prescribe, but not later than the fifteenth day of the month next succeeding the month in which such potatoes were handled in the primary channels of trade. The commission is authorized to make appropriate rules to implement the collection of the taxes imposed by this chapter.
In addition to the four cent (4¢) tax hereinabove provided for, there is hereby levied and imposed an additional tax of eleven cents (11¢) per hundredweight on potatoes covered by this chapter; provided however, said additional tax of eleven cents (11¢), or any portion thereof, shall only be due and collectible upon a determination by at least two-thirds (2/3) of the commission members that the anticipated expenditures for the next fiscal year following the year in which the determination is made will exceed the anticipated tax revenues to be collected from the said four cent (4¢) tax. Upon such a determination, the commission shall collect the additional eleven cent (11¢) tax or such portion thereof as is required by such determination, which shall be collected with, and as, other taxes imposed by this chapter.
The person first selling or otherwise delivering potatoes into primary channels of trade shall be responsible for and make payment of all taxes imposed by this chapter. If such person is the dealer or shipper handling potatoes grown by another, he may charge against and recover from the grower of such potatoes or the person from whom he acquired them sixty percent (60%) of the tax.
[22-1211, added 1939, ch. 172, sec. 11, p. 312; am. 1947, ch. 24, sec. 2, p. 23; am. 1955, ch. 156, sec. 2, p. 304; am. 1967, ch. 297, sec. 2, p. 847; am. 1969, ch. 213, sec. 9, p. 614; am. 1972, ch. 399, sec. 2, p. 1160; am. 1974, ch. 114, sec. 1, p. 1281; am. 1981, ch. 310, sec. 2, p. 652; am. 1985, ch. 109, sec. 4, p. 215; am. 1987, ch. 128, sec. 1, p. 259; am. 2007, ch. 57, sec. 1, p. 140.]
As soon as possible after July 1, 1972, the commissioner of agriculture shall conduct a referendum among all eligible growers to determine whether or not the additional tax of one cent (1¢) shall be continued. An eligible grower for the purpose of the referendum shall be any grower engaged in the growing of five (5) or more acres of potatoes.
All provisions relating to the referendum shall be prescribed by and supervised by the commissioner of agriculture.
The commission shall pay the costs of the referendum.
The results of the referendum shall be declared by the commissioner of agriculture, and the results recorded in the office of the secretary of state.
If a majority of the eligible growers voting, who grow a majority of the hundredweight of potatoes grown by those voting in the referendum, or if two-thirds (2/3) of the eligible growers voting in the referendum, are in favor of continuance of the additional tax of one cent (1¢), the additional tax of one cent (1¢) shall be continued, but if the results of the referendum do not show the required majority or majorities, the additional tax of one cent (1¢) shall be discontinued immediately upon declaration of the results of the referendum by the commissioner of agriculture. If the additional tax of one cent (1¢) is discontinued, the tax of two and one-fourth cents (2 1/4¢) shall continue in full force and effect.
[I.C., sec. 22-1211A, as added by 1972, ch. 399, sec. 3, p. 1160.]
Every dealer, or handler shall keep a complete and accurate record of all potatoes handled by him in the primary channel of trade, such record shall be in such form as the commission shall by regulation or rule prescribe. Such records shall be preserved by such dealer or handler for a period of two (2) years and shall be open to inspection at any time upon written or oral request or demand by the commission or its duly authorized agent or employee. Every dealer or handler shall at such times as the commission may by rule or regulation require file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of potatoes handled by such dealer or handler in the primary channel of trade during the period or periods of time prescribed by the commission. Such returns shall contain such further information as the commission may require.
[22-1212, added 1939, ch. 172, sec. 12, p. 312; am. 1969, ch. 213, sec. 10, p. 614.]
(1) Any person who shall violate or aid in the violation of any of the provisions of this chapter, any rules promulgated pursuant thereto, or the terms of any licensing agreement may be assessed a civil penalty by the commission or its duly authorized agent of not more than one thousand dollars ($1,000) for each offense and a civil penalty of not more than one thousand dollars ($1,000) for each day of continuing violation of such statute or rule or licensing agreement and shall be liable for investigatory costs and attorney’s fees reasonably incurred by the commission in connection with the violation.
(2) For purposes of this section, each container of potatoes in violation of this chapter, rules or any licensing agreement, shall constitute a separate violation for each day the container is in violation thereof.
(3) Procedure. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to chapter 52, title 67, Idaho Code. If the commission or its agent is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commission or its agent, it may enforce its penalty by action in the appropriate district court. Any person against whom the commission or its agent has assessed a civil penalty pursuant to this section may, within twenty-eight (28) days of the final agency action making the assessment, appeal the assessment in accordance with chapter 52, title 67, Idaho Code. All penalties collected pursuant to this section shall be paid into the general fund of the Idaho potato commission. Nothing contained in this section shall be deemed to preclude the commission from pursuing any other civil or criminal remedies available to it as provided by law.
[22-1213, added 1939, ch. 172, sec. 14, p. 312; am. 1991, ch. 40, sec. 1, p. 79; am. 1993, ch. 216, sec. 3, p. 590; am. 1994, ch. 48, sec. 2, p. 79; am. 2004, ch. 188, sec. 5, p. 586.]
This act shall be liberally construed, and if any part or portion thereof be declared invalid, or the application thereof to any person, circumstance or thing is declared invalid, the validity of the remainder of this act and/or the applicability thereof to any person, circumstance or thing shall not be affected thereby, and it is the intention of the legislature to preserve any and all parts of said act if possible.
[22-1214, added 1939, ch. 172, sec. 15, p. 312.]
All papers, records, correspondence, communications and proceedings of the Idaho potato commission shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
[22-1215, added 1985, ch. 210, sec. 1, p. 519; am. 1990, ch. 213, sec. 17, p. 501; am. 2015, ch. 141, sec. 30, p. 408.]
Certification of varieties or strains of seeds, tubers, plants and plant parts raised in the state of Idaho and offered or intended to be offered for sale is in the public interest and a proper subject of regulation by the state of Idaho.
[(22-1501) 22-1101, added 1990, ch. 413, sec. 2, p. 1144; am. and redesig. 2005, ch. 25, sec. 16, p. 92.]
Every person, firm, association or corporation who shall issue, use or circulate any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, written or printed representation or description of or pertaining to lots of seeds, tubers, plants or plant parts intended for propagation or sale, or sold or offered for sale wherein the words "Idaho State Certified," "State Certified," "Idaho Certified," or similar words or phrases are used or employed, or wherein are used or employed signs, symbols, maps, diagrams, picture words or phrases expressly or impliedly stating or representing that such seed, tubers, plants or plant parts comply with or conform to the standards and requirements approved by the Idaho agricultural experiment station in the college of agriculture of the university of Idaho shall be subject to the provisions of this chapter.
[(22-1502) 22-1102, added 1990, ch. 413, sec. 2, p. 1144; am. and redesig. 2005, ch. 27, sec. 17, p. 92; am. 2020, ch. 80, sec. 1, p. 170.]
(1) "Breeder seed" means seed or vegetative propagating material directly controlled by the originating, or in certain cases the sponsoring, plant breeder or institution and which provides the source for the initial increase of foundation seed.
(2) "Certified" means the written assurance, in certificate form, of the college of agriculture of the university of Idaho, or of its agent designated hereunder, that the particular seeds, tubers, plants or plant parts have the necessary genetic purity of strain and/or other characteristics to meet the standards and requirements approved hereunder. Certification by the certifying agent or college of agriculture of the university of Idaho, or its agent, or state of Idaho does not constitute any warranty that the certified seeds, tubers, plants or plant parts will be free from disease or contamination.
(3) "Foundation seed" means the progeny of breeder seed stocks that are so handled as to maintain specific genetic identity and purity, and that are designated or distributed by the Idaho agricultural experiment station or private companies.
(4) "Genetic purity" means that the lot of seeds, tubers, plants or plant parts are homogeneous for inheritable characteristics as stated in the official description of the variety or strain represented.
(5) "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling.
(6) "Plant" or "tubers" or "plants" or "plant parts" means any variety or strain of plant or part thereof that may be eligible for certification, as hereinafter provided.
(7) "Seed" or "seeds" means the seed of any variety or strain of plant, including tubers that may be eligible for certification, as hereinafter provided.
(8) "Variety or strain" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics by which it can be differentiated from other plants of the same kind.
[(22-1503) 1990, ch. 413, sec. 2, p. 1145; am. and redesig. 1993, ch. 69, sec. 1, p. 182; am. 2020, ch. 80, sec. 2, p. 170.]
The regents of the university of Idaho through the Idaho agricultural experiment station in the college of agriculture of the university of Idaho, or the agent of the university of Idaho, an entity or servant of the state, appointed in writing, as hereinafter provided, is hereby authorized to administer the provisions of this chapter to establish, alter, amend and repeal reasonable standards and requirements as to what shall constitute certified seeds, tubers, plants, and plant parts under the terms of this chapter. Such reasonable standards and requirements shall also comprehend and fix the standards necessary to qualify seeds, tubers, plants, and plant parts for certification hereunder and the procedures for certification by the said college of agriculture or the said agent thereof. All varieties or strains of seed, tubers, plants, and plant parts eligible for certification in the state of Idaho shall be approved by the director of the Idaho agricultural experiment station. Any agent designated hereunder shall be a servant of the state of Idaho and shall be acting in an official capacity for the state of Idaho and under the supervision of the college of agriculture of the university of Idaho and the director of the Idaho experiment station consistent with this chapter.
[(22-1504) 1990, ch. 413, sec. 2, p. 1145; am. and redesig. 1993, ch. 69, sec. 2, p. 183; am. 2020, ch. 80, sec. 3, p. 171.]
(1) Every person, firm, association, or corporation that intends to offer for sale, offers or sells seeds, tubers, plants, or plant parts as certified shall comply with the provisions of this chapter and such standards and requirements as are approved by the Idaho agricultural experiment station in the college of agriculture of the university of Idaho as provided herein, such standards and requirements to contain, among other things, a designation of the crops grown or to be grown in Idaho eligible for certification with standards, requirements, and procedures necessary for certification with designation of the agency authorized to provide certification.
(2) Upon the passage of this chapter, the Idaho agricultural experiment station in the college of agriculture of the university of Idaho shall prepare and issue such standards, requirements, and procedures as are required by this chapter. Such standards and requirements shall be made publicly available for review and public comment for a period of no less than thirty (30) days prior to their establishment. At the close of the public comment period, the standards and requirements shall be filed with the college of agriculture of the university of Idaho and shall become effective thirty (30) days from the date they are filed with the college of agriculture of the university of Idaho.
[(22-1505) 22-1105, added 1990, ch. 413, sec. 2, p. 1145; am. and redesig. 2005, ch. 25, sec. 18, p. 92; am. 2020, ch. 80, sec. 4, p. 171.]
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.
[(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.]
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.
[(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.]
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.
[(22-1508) 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 1993, ch. 69, sec. 3, p. 184.]
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.
[(22-1509) 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 1993, ch. 69, sec. 4, p. 184.]
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.
[(22-1510) 22-1110, added 1990, ch. 413, sec. 2, p. 1146; am. and redesig. 2005, ch. 25, sec. 21, p. 93.]
This chapter shall be known as, and may be cited as, the "Seed and Plant Certification Act."
[(22-1511) 22-1111, added 1990, ch. 413, sec. 2, p. 1147; am. and redesig. 2005, ch. 25, sec. 22, p. 93.]
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.
[(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.]
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.
[(22-1602) 1917, ch. 23, sec. 2, p. 62; reen. C.L. 79:32; C.S., sec. 2052; I.C.A., sec. 22-1202.]
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.
[(22-1603) 1917, ch. 23, sec. 3, p. 62; reen. C.L. 79:33; C.S., sec. 2053; I.C.A., sec. 22-1203.]
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.
[(22-1604) 1917, ch. 23, sec. 4, p. 63; reen. C.L. 79:34; C.S., sec. 2054; I.C.A., sec. 22-1204.]
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.
[(22-1605) 1917, ch. 23, sec. 5, p. 63; reen. C.L. 79:35; C.S., sec. 2055; I.C.A., sec. 22-1205.]
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.
[(22-1606) 1917, ch. 23, sec. 6, p. 63; reen. C.L. 79:36; C.S., sec. 2056; I.C.A., sec. 22-1206.]
This act shall be known and may be cited as the "Industrial Hemp Research and Development Act."
[22-1701, added 2021, ch. 242, sec. 1, p. 736.]
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.
[22-1702, added 2021, ch. 242, sec. 1, p. 736.]
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.
[22-1703, added 2021, ch. 242, sec. 1, p. 737.]
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.
[22-1704, added 2021, ch. 242, sec. 1, p. 737.]
(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) Establishments offering hemp products intended for human ingestion or inhalation, excluding nonviable hulled hemp seed, hemp seed protein powder, or hemp seed oil, shall be subject to the provisions of this chapter. Such hemp products shall meet the criteria provided by sections 37-2701(u) and 37-2705(d)(29)(i), Idaho Code.
(5) The department is authorized to promulgate rules establishing fees and penalties for violations associated with the provisions of this chapter.
(6) 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.
(7) 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.
(8) Hemp producers do not commit a negligent violation if:
(a) The hemp is produced for the sole purpose of producing grain or fiber;
(b) The hemp producer has made reasonable efforts to grow hemp within the acceptable hemp THC level, as defined by rule, and in accordance with Idaho statutes, rules, and the state hemp plan; and
(c) The hemp does not have a total THC, as defined by rule, concentration of more than one percent (1%) on a dry weight basis.
[22-1705, added 2021, ch. 242, sec. 1, p. 737; am. 2026, ch. 292, sec. 1, p. 1213; am. 2026, ch. 293, sec. 1, p. 1214.]
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.
[22-1706, added 2021, ch. 242, sec. 1, p. 738.]
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.
[22-1707, added 2021, ch. 242, sec. 1, p. 738.]
This chapter shall be known as "The Idaho Invasive Species Act of 2008."
[22-1901, added 2008, ch. 387, sec. 1, p. 1062.]
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.
[22-1902, added 2008, ch. 387, sec. 1, p. 1062.]
This chapter shall be administered by the Idaho state department of agriculture.
[22-1903, added 2008, ch. 387, sec. 1, p. 1063.]
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, retail or wholesale products, or water known to carry or have a reasonable possibility of carrying invasive species.
(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.
[22-1904, added 2008, ch. 387, sec. 1, p. 1063; am. 2010, ch. 342, sec. 1, p. 898; am. 2024, ch. 122, sec. 1, p. 508.]
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.
[22-1905, added 2008, ch. 387, sec. 1, p. 1063.]
(1) Immediately upon removing a conveyance from any waters of this state or for transport of conveyances within the state, the operator shall remove all visible vegetation from the conveyance and drain all water from the conveyance, including but not limited to water in the hull, ballast tanks, bilges, live wells, and motors. All bilge and ballast plugs and other barriers that prevent water drainage from a conveyance shall be removed and remain open while a watercraft is transported by land within the state.
(2) Before launching a conveyance in Idaho, a nonresident vessel owner shall purchase an invasive species sticker pursuant to section 67-7008A, Idaho Code. Further, nonresident conveyances shall be inspected at a watercraft inspection station prior to launch.
[22-1905A, added 2024, ch. 122, sec. 2, p. 508.]
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.
[22-1906, added 2008, ch. 387, sec. 1, p. 1063.]
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.
[22-1907, added 2008, ch. 387, sec. 1, p. 1064.]
(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.
[22-1908, added 2008, ch. 387, sec. 1, p. 1064; am. 2010, ch. 342, sec. 2, p. 898.]
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.
[22-1909, added 2008, ch. 387, sec. 1, p. 1064.]
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.
[22-1910, added 2008, ch. 387, sec. 1, p. 1064; am. 2010, ch. 342, sec. 3, p. 899.]
(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.
[22-1910A, added 2010, ch. 342, sec. 4, p. 899.]
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.
(4) Up to twenty percent (20%)of the annual revenue deposited in the invasive species fund pursuant to section 67-7008A, Idaho Code, may be made available by the department to counties, cities, or other local entities for the cost of equipment and supplies necessary for the operation of watercraft inspection stations. Such funds shall be for equipment and supplies only and not for labor.
[22-1911, added 2008, ch. 387, sec. 1, p. 1064; am. 2024, ch. 122, sec. 3, p. 509.]
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.
[22-1912, added 2008, ch. 387, sec. 1, p. 1065.]
(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.
[22-1913, added 2008, ch. 387, sec. 1, p. 1065.]
(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.
[22-1914, added 2008, ch. 387, sec. 1, p. 1066.]
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.
[22-1915, added 2008, ch. 387, sec. 1, p. 1066.]
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.
[22-1916, added 2008, ch. 387, sec. 1, p. 1066.]
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.
[22-1917, added 2008, ch. 387, sec. 1, p. 1067.]
This chapter shall be known as the "Idaho Plant Pest Act of 2002."
[22-2001, added 2002, ch. 89, sec. 2, p. 211.]
This chapter shall be administered by the Idaho state department of agriculture.
[22-2002, added 2002, ch. 89, sec. 2, p. 211.]
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.
[22-2003, added 2002, ch. 89, sec. 2, p. 211.]
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.
[22-2004, added 2002, ch. 89, sec. 2, p. 211.]
When used in this chapter:
(1) "Acceptable level" means the probable level of harm that is so low that the imposition of phytosanitary requirements is not required; or the probable level of harm that the trade partners agree to achieve through or by the imposition of pest risk mitigation measures or strategies and accept for continued trade when confirmed by phytosanitary certification of specified host commodities.
(2) "Agent" means any person who on behalf of any other person receives on consignment, contracts for, or solicits for sale on commission, any plant product from a producer of such product, or who negotiates the consignment or purchase of any plant product on behalf of any other person.
(3) "Agricultural commodities" means plant products including any horticultural product.
(4) "Agriculture" means the production of plants.
(5) "Appliance" means any box, tray, container, ladder, tent vehicle, implement or other article which is, or may be, used in connection with the growing, harvesting, handling or transportation of any agricultural commodity.
(6) "Area" means any political division or subdivision or any officially defined area including adjacent parts of contiguous political divisions or subdivisions. Political divisions include nations and states or provinces within nations and states. Political subdivisions include counties, parishes and cities or municipalities. Officially defined areas also may include any other clearly defined and identifiable area including a specific property or facility.
(7) "Certificate" means a document authorized or prepared by a duly authorized federal or state regulatory official that affirms, declares or verifies that an article, nursery stock, plant product, shipment or any other officially regulated article meets phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or certification, or other set of legal requirements. Such documents are known by their purpose of issuance: phytosanitary certificate, for the purpose of verifying compliance with phytosanitary or quarantine requirements; nursery stock certificate, for the purpose of verifying compliance with nursery inspection and pest freedom standards; registration or certification tags and seals, for the purpose of verifying compliance with registration or certification requirements.
(8) "Certification" means the official act of affirming, declaring or verifying compliance with phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or any other set of legal requirements.
(9) "Compliance agreement" means any written agreement between a person and a duly authorized regulatory agency to achieve compliance with any set of requirements being enforced by the agency.
(10) "Control" means abatement, suppression, containment or eradication of a pest population.
(11) "Control order" means a written directive from the director requiring the control of a pest.
(12) "Conveyance" means a method of transportation.
(13) "Crop management area" means that area in which certain specified crop management practices are required.
(14) "Crop seed" means the seed or seedlike fruit of grain, beans, flax, beets, onions or any other crop whether or not it is intended for planting purposes.
(15) "Department" means the Idaho state department of agriculture.
(16) "Director" means the director of the Idaho state department of agriculture or his duly authorized representative.
(17) "Economic impacts" means significant damage or harm in terms of well documented:
(a) Plant or crop destruction or injury;
(b) Increased cultural or pest control costs;
(c) Disruption of existing pest control strategies such as biological control, integrated pest management, sustainable agriculture or forestry, and cropping patterns or loss of a high value crop without replacement by an equally valuable and marketable crop;
(d) Social adversities such as interference with home or urban gardening, human health, worker safety, food safety or jobs; or
(e) Environmental quality including added pesticide use, scenic and watershed damage, destruction of ecosystems and food chain interference.
(18) "Economically unacceptable impact" means that level of adverse economic impact which is identified and defined for plants for planting by a duly authorized federal or state plant protection organization.
(19) "Endangered area" means continent, region, country, state, county, province, municipality or any other delineated political or otherwise lawfully constituted geographic area which has been officially identified for protection from injurious pests not already present.
(20) "Eradication" means elimination of a pest based on absence determined by a negative, mutually agreed upon verification survey for the target pest.
(21) "Farm product" includes, but is not limited to, every agricultural, horticultural, viticultural, apicultural, floricultural and vegetable product, including honey bees.
(22) "Free from" means that either a valid detection survey has been performed or there is no published record showing that a specific pest is present; or that the article, nursery stock, plant, plant product or any other regulated article has been visually inspected or tested in accordance with specified requirements and that no live life stage of the regulated pest(s) was found.
(23) "Grain" means any crop seed intended for human or animal consumption.
(24) "Hold order or stop sale" means any written directive issued by the director to a person who owns or controls any appliance, article, nursery stock, plant, plant product or any other article that has been determined to be, or likely to be, infested with regulated pest(s) or otherwise not in compliance with this chapter or rules promulgated hereunder, prohibiting movement from one location to another, except as otherwise prescribed in the directive.
(25) "Host" means any appliance, article, commodity, nursery stock, plant, plant product or any other item which may or may not be capable of transporting a pest from one place to another.
(26) "Infected" means a plant that has been determined by the department to be contaminated with an infectious, transmissible, or contagious plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. This includes disease conditions, regardless of their mode of transmission, or any disorder of plants which manifest symptoms which, after investigation, are determined by a federal or state plant protection organization to be characteristic of an infectious, transmissible or contagious disease.
(27) "Infested" means a plant that has been determined by the department to be contaminated by a plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist.
(28) "Investigator" means any person duly authorized by the director to perform any required regulatory activity.
(29) "Limited distribution" means a pest known to occur in the state, but with a limited distribution to a single small geographic area or a few small geographic areas which are widely separated within the state.
(30) "Management area" means that area in which certain specified crop management practices are required.
(31) "Mark" means, for purposes of identification or separation, the department may affix a conspicuous official indicator to, on, around or near, plants or plant material known, or suspected to be, infected or infested with a plant pest. This includes, but is not limited to: paint, markers, tags, seals, stickers, tape, signs or placards.
(32) "Move" means to ship, offer for shipment, receive for transport, carry or, in any manner whatsoever, relocate a regulated article from one place to another.
(33) "Nursery stock" means all plants or any part thereof, such as aquatic or herbaceous plants, bulbs, sod, buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamental trees and shrubs, berry plants, and all trees, shrubs, vines, and plants collected in the wild that are grown or kept for propagation or sale. The term does not include field and forage crops, seeds of grasses, cereal grains, vegetable crops and flower crops, bulbs and tubers of vegetable crops, vegetable crops, vegetables or fruit used for food or feed, cut trees or cut flowers unless stems or other portions thereof are intended for propagation.
(34) "Official" means authorized, implemented and directed, or performed by a government plant protection organization.
(35) "Officially controlled" means the conduct, by an official government plant protection organization, of eradication or intensive suppression activity including various treatments, quarantine and other measures with the goal of eliminating an isolated infestation or prevention of further spread within the endangered area. It does not include private general agricultural, urban forestry or home garden pest control measures conducted by persons against pests permanently established in an endangered area.
(36) "Owner" means the person, with the legal right of possession, proprietorship of, or responsibility for the property or place where any of the regulated articles as defined in this chapter are to be found, or the person who is in possession of, in proprietorship of, or has responsibility for the regulated articles.
(37) "Pathway" means any natural or artificial means or avenue that allows for the movement of a pest from one area to another.
(38) "Permit" means any official document that allows the movement of any regulated article from one location to another in accordance with specified conditions or requirements and for a specified purpose.
(39) "Person" means, but is not limited to, any individual, partnership, corporation, company, firm, society, association, organization, government agency or any other entity.
(40) "Pest" means any insect, snail, rodent, nematode, fungus, virus, bacterium, microorganism, mycoplasma-like organism, weed, plant, or parasitic higher plant and any other pest as defined by rule or any of the following that is known to cause damage or harm to agriculture or the environment:
(a) Any infectious, transmissible or contagious disease of any plant; or any disorder of any plant which manifests symptoms or behavior which, after investigation and hearing, is found and determined by a duly constituted federal, state or local plant protection organization, to be characteristic of an infectious, transmissible or contagious disease;
(b) Any form of invertebrate animal life;
(c) Any form of plant life.
(41) "Pest-free area" means an area kept free from a specific pest.
(42) "Pest risk analysis" means characterizing the nature of pest hazard or harm; identifying the degree of probability or likelihood of harm; analyzing the degree to which risk mitigation measures or strategies can reduce the probability of harm to an acceptable level; and recommending pest risk mitigation measures or strategies.
(43) "Phytosanitary" means plant health.
(44) "Phytosanitary measures" means any growing season or postharvest treatment or any other method (tactic) or strategy (combination of methods or tactics) specified in a quarantine to reduce pest risk to an acceptable level.
(45) "Plant" means any part of a plant, tree, aquatic plant, plant product, plant material, shrub, vine, fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit pit, also including:
(a) Agricultural commodities;
(b) Noncultivated or feral plants gathered from the environment;
(c) Plants produced by tissue culture, cloning or from stem cell cultures or other prepared media culture.
(46) "Plants for planting" means any part of a plant that is intended to be planted.
(47) "Preclearance" means an agreement between quarantine officials of exporting and importing states or countries to pass plants through quarantine by allowing the exporting state or country to inspect the plants preshipment, rather than the importing state or country inspecting the shipment upon arrival.
(48) "Public nuisance" means any premises, plant, appliance, conveyance or article which is infected or infested with any plant pest that may cause significant damage or harm, or premises where any plant pest is found.
(49) "Quarantine" means a restriction imposed by a duly authorized plant regulatory agency whereby the production, movement or existence of plants, or any other article or material, or the normal activity of persons, is brought under regulation, in order that the introduction or spread of a pest may be prevented or limited, or in order that a pest already introduced may be controlled or eradicated, thereby reducing or avoiding losses that would otherwise occur through damage done by the pest or through continuing cost of control measures.
(50) "Quarantine pest" means a pest of economically unacceptable impact to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled.
(51) "Registration" means the official recording of a growing location, person, plant, sales location or any other item or place as one that has met specified requirements and therefore eligible for a particular activity, operation or purpose.
(52) "Regulated article" means any item the movement of which is governed by a quarantine or any other rule.
(53) "Regulated nonquarantine pest" means a nonquarantine pest whose presence affects the intended use of plants with an economically unacceptable impact.
(54) "Regulated pest" means quarantine pest or regulated nonquarantine pest.
(55) "Regulated or restricted area" means a geographical area in which special restrictions on the management of certain plant materials are imposed.
(56) "Regulatory incident" means the detection of a pest under circumstances which indicate the absence of establishment.
(57) "Restrictive measure" means a phytosanitary measure allowing only specified actions that are subject to certain requirements.
(58) "Shipment" means anything which is, may be, or has been transported from one place to another.
(59) "Significant damage or harm" means that level of economic impact that results in damage, injury or loss that exceeds the cost of control for a particular crop.
(60) "State plant regulatory official" means the employee(s) designated to enforce the provisions of a state’s plant pest laws, quarantines and rules.
(61) "State quarantine" means a rule promulgated pursuant to state authority that identifies a pest or pests and imposes requirements for certification of regulated articles as being in compliance with specified restrictions or requirements for pest freedom.
(62) "Suppressive area" means a plant pest infested area where phytosanitary measures are being applied to reduce the plant pest population and thereby limit the spread of the pest.
(63) "Survey" means the systematic search for pests in accordance with mutually agreed upon methods designed to assure confidence in their meaning and accuracy for pest prevention purposes such as control, verification of pest-free areas, identification of possible harm, evaluation of probability of harm, and taking appropriate actions to prevent predicted significant harm. Surveys may be performed for the purposes of detection, delimitation or verification.
(64) "Undesirable plant" means any plant species which is detrimental to the quality of the product of that crop, by competition, cross-pollination, or any other means to the production of the crop for which a crop management area was established.
[22-2005, added 2002, ch. 89, sec. 2, p. 212.]
(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.
[22-2006, added 2002, ch. 89, sec. 2, p. 216.]
(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 premises, lands, or means of conveyance for the purpose of inspecting, surveying, treating, controlling, or destroying any plant or plant pest. The director may enter and inspect, with the permission of the landowner or agent, or with probable cause, or with a warrant, any 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.
[22-2007, added 2002, ch. 89, sec. 2, p. 217; am. 2024, ch. 28, sec. 1, p. 221.]
(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.
[22-2008, added 2002, ch. 89, sec. 2, p. 217.]
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.
[22-2009, added 2002, ch. 89, sec. 2, p. 217.]
(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.
[22-2010, added 2002, ch. 89, sec. 2, p. 217.]
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.
[22-2012, added 2002, ch. 89, sec. 2, p. 218.]
The director may promulgate quarantine rules, whereby the production, movement or existence of plants, or any other article or material, or the normal activity of persons, is brought under rules, in order that the introduction or spread of a plant pest may be prevented or limited, or in order that a plant pest already introduced may be officially controlled, thereby reducing or avoiding an economic impact that would otherwise occur through damage done by the pest or through continuing cost of control measures.
(1) Federal quarantine. The department may enter into cooperative agreements with the U.S. department of agriculture, and other federal, state, city or county agencies to assist in the enforcement of federal quarantines. The department may establish a quarantine and promulgate a rule against a plant pest or an area not covered by a federal quarantine. The department may seize, destroy or require treatment of products moved from a federally regulated area if they were not moved in accordance with the federal quarantine rules or, if certified, they were found to be infested with the plant pest.
(2) State plant quarantines:
(a) State interior quarantine. The department may establish a quarantine against a plant pest that is not of quarantine significance to other states, to prevent the spread of the plant pest within its borders; or establish a quarantine against a plant pest of regional or national significance when no federal quarantine has been established.
(b) Parallel state interior quarantine. The department may establish a parallel state interior quarantine against a plant pest which is of limited distribution in the state and is the subject of a federal quarantine. The quarantine regulates intrastate movement between quarantined and nonquarantined areas of the state. This quarantine action is required if the federal quarantine is to apply only to the infested portion of the state.
(c) Uniform state quarantine. The department may establish a uniform state quarantine with other infested states which are parallel with respect to their basic quarantine requirements. The regulated area in the uniform state quarantine shall describe the area to be regulated. The quarantine shall include a reference to regulated areas of all the infested states under the uniform state quarantine. When a plant pest of regional or national significance occurs only in limited areas of the state and no federal quarantine is established, a state interior quarantine shall be established.
(d) Standard state exterior quarantine. The department may establish a standard state exterior quarantine if the plant pest is not established in the state but is established in other states and no federal quarantine has been established. The department may require controls at origin or destination as are necessary to provide protection for Idaho industries, the public and the environment.
(3) Regulated areas. The regulated area to be described in quarantine rules may involve the entire state, portion of the state (areas) or a list of locations of infested properties:
(a) Regulated areas may be subdivided into suppressive and generally infested areas where it is desirable to augment control measures being applied in certain areas, and it is believed necessary to control movement into such areas from generally infested areas.
(b) Provisions in the quarantine rules may be made for adding to the regulated area any other area known to be infested, or which is found to be infested after establishment of the quarantine, when so declared by the director.
(c) When an infestation in a certain regulated area has been eliminated through the application of treatments, to the extent that movements of the regulated articles therefrom would no longer present a pest risk, the quarantine may be lifted. Provided, a hold order shall be issued to each owner of any remaining infested property in the aforementioned regulated area.
(4) Movement of regulated articles:
(a) Interstate shipments:
(i) Any regulated article that is prohibited interstate movement or is required to be certified, if moved interstate from an area regulated by a state or federal quarantine, shall be refused entry into the state.
(ii) The owner or carrier of regulated articles that are reportedly originating in nonregulated areas of a quarantined state must provide proof of origin of the regulated articles through an invoice, waybill or other shipping document.
(iii) If only a portion of a state is under a state or federal quarantine, the shipment will not be refused nor a certificate required if the article originates from a nonregulated area of the shipping state, unless the article is found to be infested or prohibited.
(b) Intrastate shipments:
(i) Certificates or permits are required for the movement of nonexempted regulated articles when:
Moving from a regulated area to any point outside thereof.
Moving from a generally infested area into a suppressive area.
Moving within a suppressive area where such control over this movement is desirable.
(ii) Certificates or permits should not be required for any regulated article originating outside of a regulated area moving to another nonregulated area, or moving through or reshipped from a regulated area when the point of origin of the article is clearly indicated on a waybill, bill of lading, shipper’s invoice or other similar document accompanying the shipment, provided that shipments moving through or being reshipped from a regulated area must be safeguarded against infestation while within the regulated area in a manner satisfactory to an investigator.
(iii) Certificates should not be issued unless provisions of other applicable quarantines have been met and the regulated articles:
Originate in a noninfested portion of the regulated area and have not been exposed to infestation while within the regulated area; or
Have been examined and found to be free of infestation; or
Have been treated in accordance with procedures approved by the director; or
Have been grown, produced, manufactured, stored or handled in such a manner that, in the judgment of the investigator, no infestation would be transmitted thereby.
(iv) Limited permits may be issued to allow the movement of regulated articles to a specified destination for limited handling, utilization, or processing, provided the investigator has determined that such movement will not result in the spread of the pest and requirements of other quarantines have been met.
(v) Control over the movement of regulated articles from infested areas to noninfested areas within a regulated area may be provided for when such control over movement within a regulated area is desired to prevent the spread of plant pests. This provision usually will be applicable only when officially controlled treatments are being applied and would be handled through a direct written notice to the property owner concerned.
(vi) Compliance agreements should be required as a basis for the issuance of certificates or permits in bulk to industry for their issuance, and they are desirable to explain the main provisions of the quarantine for that particular concern.
(5) Temporary rules. The department may promulgate temporary rules pursuant to chapter 52, title 67, Idaho Code, in order to take immediate regulatory action to prevent the introduction or establishment of a plant pest.
[22-2013, added 2002, ch. 89, sec. 2, p. 218.]
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.
[22-2014, added 2002, ch. 89, sec. 2, p. 221.]
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.
[22-2015, added 2002, ch. 89, sec. 2, p. 221.]
(1) The shipment, introduction into or release within this state of any plant pest, biocontrol agent, or genetically engineered plant or plant pest, or any other organism which may directly or indirectly affect the plant life of this state as an injurious pest, parasite or predator of other organisms, or any arthropod, is prohibited, except under permit issued by the department, or as exempted by rule.
(2) Permits:
(a) Permits for shipment of plant pests. No person may sell, offer for sale, move, convey, transport, deliver, ship or offer for shipment, any plant pest or biological control agent, without an application and permit to move live plant pests and noxious weeds, PPQ Form 526, supplements thereto, published by the U.S. department of agriculture, animal and plant health inspection service, plant protection and quarantine, or any publication revising or superseding the aforementioned, or its state equivalent. Permits may be issued only after the director determines that the proposed shipment or use will not create a hazard to the agricultural, forest or horticultural interests of this state or to the state’s general environmental quality. The permit shall be affixed conspicuously and on the exterior of each shipping container, box, package, appliance, or accompany each shipping container, box, package or appliance, as the director requires.
(b) Biotechnology permits. The director may enter into cooperative agreements with the U.S. department of agriculture to provide oversight and regulation of genetically engineered plants or any organism that may be a plant pest. This includes reviewing U.S. department of agriculture biotechnology notifications and permits, inspection of facilities conducting agricultural biotechnology and field release sites.
(c) Interstate origin inspection and preclearance permits (compliance agreements). The director may issue permits for interstate origin and preclearance of quarantine articles based on pest risk mitigation tactics or strategies that can be enforced at the point of origin of the shipment. Interstate origin inspection programs can be developed to achieve compliance with quarantine restrictions, regulated nonquarantine pest restrictions and product quality standards.
(3) Export certification and compliance agreements. The director has the authority to enter into compliance agreements for the purpose of certifying articles as pest free for export certification.
(4) A nonindigenous plant pest species known or not known to occur in the state of Idaho may not be granted entry into the state unless issued a written permit by the director. Permits shall contain such conditions and measures as the director may see fit to prevent the species from becoming established or further established within the state.
[22-2016, added 2002, ch. 89, sec. 2, p. 221.]
The legislature recognizes the fact that in order to produce crops that are free from plant pests, and to control such plant pests, it is frequently necessary to apply certain crop management practices over an area which may include several farms, orchards, nurseries or other crop producing entities. Such practices may include, but are not limited to, use of clean seed, destruction of infested or undesirable plants, use of chemicals and prohibiting introduction of host materials. The legislature further recognizes that it is in the public interest that the director be authorized to designate certain areas as crop management areas and to stipulate those practices which shall be followed in the management area insofar as they affect the particular crop.
(1) The director may provide for establishment of a crop management area after presentation of a petition signed by not less than twenty-five (25) registered electors residing within the confines of the proposed crop management area. The petitioners shall give the petition to the county clerk of the county or counties who shall examine the signatures and certify the number of valid signatures of electors residing within the confines of the proposed crop management area and transmit the petition to the director. The director may establish a crop management area within the boundaries specified in the petition.
(2) In instances where there are less than twenty-five (25) registered electors residing within the confines of the proposed crop management area, a majority of those registered electors must sign the petition in order for the petition to be considered by the director. The petitioner(s) of the proposed crop management area shall present the petition to the county clerk of the county of the proposed crop management area. The county clerk of the county shall examine the signatures presented by the petitioner(s) and shall certify that the number of valid signatures constitutes a majority of electors residing within the confines of the proposed crop management area. The county clerk of the county shall then transmit the petition to the director. The director may establish a crop management area within the boundaries specified in the petition.
(3) In instances where there are no registered electors residing within the confines of the proposed crop management area, the petitioner(s) of the proposed crop management area shall present the petition to the county clerk of the county of the proposed crop management area. The county clerk of the county shall notify the director in writing certifying that there are no registered electors residing in the proposed crop management area. The county clerk of the county shall then transmit the petition to the director. The director may establish a crop management area within the boundaries specified in the petition.
(4) The director may make and enforce rules to maintain the management area. Rules may include, but shall not be limited to:
(a) Specification of the kind and quality of seed or other propagative material which may be planted in the area;
(b) Specification of treatments, chemical or otherwise, which shall be used to control pests or undesirable plants in the area;
(c) Transportation of vegetative material into, within or out of the area;
(d) Disposition of infested crops, undesirable plants or other material which may include destruction of the crops, plants or other material;
(e) Disposition of vegetative material planted in violation of the rules.
(5) Disposition of infested or violative material in a crop management area shall be at the expense of the owner thereof.
[22-2017, added 2002, ch. 89, sec. 2, p. 222; am. 2004, ch. 186, sec. 1, p. 577.]
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.
[22-2018, added 2002, ch. 89, sec. 2, p. 223.]
Whenever the director determines that there exists the threat of an infestation of grasshoppers, crickets or exotic plant pests on state-owned land, private, range or agricultural land, and that the infestation is of such a character as to be a menace to state, private, range or agricultural land, the director shall cause the infestation to be controlled and eradicated, using such funds 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 funds 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, diagnosis, treatment, and disposal of infected or infested plants and plant materials, cleaning and disinfecting of infected premises and indemnity paid to owners for infected or infested plants and plant 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 the state funds shall only be used to pay the state’s share of the cost of the control and eradication efforts. Such moneys as the state shall thus become liable for shall be paid as a part of the expenses of the department of agriculture out of appropriations which 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 of agriculture, account shall be taken of and provision made for this item of expense.
[22-2019, added 2006, ch. 197, sec. 3, p. 612.]
(1) Any person who 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 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 thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.
(e) All civil penalties collected pursuant to this section shall be remitted to the agricultural department inspection fund.
(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.
[22-2020, added 2002, ch. 89, sec. 2, p. 223.]
(1) The department may enter into cooperative agreements with organizations including, but not limited to: persons, civic groups, or governmental agencies, to adopt and execute plans to detect and control areas infested or infected with plant pests. Such cooperative agreements may include provisions of joint funding of any control treatment.
(2) If a plant pest occurs and cannot be adequately controlled by individual person(s), owner(s), tenant(s) 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.
[22-2021, added 2002, ch. 89, sec. 2, p. 224.]
If any section, sentence, clause, phrase, or other portion of this chapter is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions thereof.
[22-2022, added 2002, ch. 89, sec. 2, p. 224.]
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.
[22-2023, added 2002, ch. 89, sec. 2, p. 224.]
This act may be known and cited as the "Soil and Plant Amendment Act of 2001."
[22-2201, added 2001, ch. 250, sec. 3, p. 903.]
This chapter shall be administered by the Idaho department of agriculture.
[22-2202, added 2001, ch. 250, sec. 3, p. 903.]
As used in this chapter:
(1) "Aged" means exposed to weathering and/or natural decay, such that the original material is significantly altered.
(2) "Biosolid(s)" means a primary organic solid material produced by wastewater treatment processes that can be beneficially recycled for its plant nutrient content and soil amending characteristics, as regulated under the code of federal regulations, 40 CFR 503, as amended.
(3) "Brand" means the term, designation, trademark, product name or other specific designation under which individual soil amendments or plant amendments are offered for sale.
(4) "Bulk" means in nonpackaged form or in packages of one (1) cubic yard or more.
(5) "Bulk density" means dry weight per unit of volume.
(6) "Compost" means a biologically stable material derived from the composting process.
(7) "Composting" means the biological decomposition of organic matter. It is accomplished by mixing and piling in such a way to promote aerobic and/or anaerobic decay. The process inhibits pathogens, viable weed seeds and odors.
(8) "Coproduct" means a chemical substance produced for a commercial purpose during the manufacture, processing, use or disposal of another chemical substance or mixture.
(9) "Customer formula mix" means a soil amendment or plant amendment which is prepared to the specifications of the final purchaser.
(10) "Deficiency" means the amount of ingredient found by analysis to be less than that guaranteed, which may result from a lack of ingredients or lack of uniformity.
(11) "Department" means the Idaho department of agriculture.
(12) "Director" means the director of the Idaho department of agriculture or his duly authorized representative.
(13) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend soil amendments or plant amendments, or to offer for sale, sell, barter or otherwise supply soil amendments and plant amendments in this state.
(14) "Distributor" means any person who distributes.
(15) "Horticultural growing media" means any substance or mixture of substances which is promoted as or is intended to function as a growing medium for the managed growth of horticultural crops in containers and shall be considered a plant amendment for the purposes of this chapter.
(16) "Investigational allowance" means an allowance for variations inherent in the taking, preparation and analysis of an official sample of soil amendments or plant amendments.
(17) "Label" means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a soil amendment or plant amendment.
(18) "Labeling" means all written, printed or graphic matter, upon or accompanying any soil amendment or plant amendment, or advertisements, brochures, posters, or television or radio announcements used in promoting the sale of the soil amendment or plant amendment.
(19) "Manipulation" means actively processed or treated in any manner.
(20) "Manufacture" means to compound, produce, granulate, mix, blend, repackage or otherwise alter the composition of soil amendment or plant amendment materials.
(21) "Micronutrients" means boron (B); chlorine (Cl); cobalt (Co); copper (Cu); iron (Fe); manganese (Mn); molybdenum (Mo); sodium (Na); and zinc (Zn).
(22) "Minimum percentage" means that percent of plant or soil amending ingredient that must be present in a product before the product will be accepted for registration when mentioned in any form or manner.
(23) "Mulch" means any organic or inorganic soil surface cover used to help retain moisture longer in the soil by retarding evaporation, to discourage weed growth, to help maintain a constant temperature by insulating the soil, to discourage runoff and soil erosion by shielding the soil surface from water abrasion or to promote water absorption and retention.
(24) "Official sample" means any sample of soil amendment or plant amendment taken by the director or his agent.
(25) "Organic" refers only to naturally occurring substances generally recognized as the hydrogen compounds of carbon and their derivatives.
(26) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, wood wastes from logging and milling operations and food wastes. "Organic waste-derived material" does not include products that contain biosolids as defined in subsection (2) of this section.
(27) "Other ingredients" means the nonsoil amending or nonplant amending ingredients present in soil amendments or plant amendments.
(28) "Percent" or "percentage" means by weight.
(29) "Person" means individual, partnership, association, firm or corporation.
(30) "Plant amendment" means any natural or synthetic substance applied to plants or seeds which is intended to improve germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants except commercial fertilizers, soil amendments, limes, unmanipulated animal manure and vegetable organic waste-derived materials, pesticides, mulch and other materials which may be exempted by rule.
(31) "Processed" means deliberately treated or manipulated to modify or transform physical, chemical, or biological characteristics of the natural state of a substance.
(32) "Raw" means in the natural state, and not prepared, modified, processed or manipulated for use.
(33) "Registrant" means the person(s) who registers soil amendments or plant amendments under this chapter.
(34) "Soil amendment" means:
(a) Any substance which is intended to improve the physical, chemical or biological characteristics of the soil to favor plant growth; or
(b) Any material which is represented as having a primary function of enhancing, changing or modifying soil microorganism reproduction, activity or population, or material which is represented as having the primary function of forming or stabilizing soil aggregates in soil to which it is to be applied and thereby improving the resistance of the soil to the slaking action of water, increasing the soil’s water and air permeability or infiltration, improving the resistance of the surface of the soil to crusting, improving ease of cultivation of soil, or otherwise favorably modifying the structural or physical properties of soil; and
(c) "Soil amendment" does not include commercial fertilizers, plant amendments, limes, gypsum, unmanipulated animal manures and vegetable organic waste-derived materials, pesticides, mulch and other material which may be exempted by rule of the department.
(35) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.
(36) "Verification of label claims" means explanatory information describing how the registrant determined the truthfulness and accuracy of the registrant’s words or statements describing the product according to recognized standards.
(37) "Waste-derived soil amendment" or "waste-derived plant amendment" means any soil amendment or plant amendment that is derived from an industrial byproduct, coproduct or other material that would otherwise be disposed of if a market for reuse were not an option, but does not include any soil amendment or plant amendment derived from biosolids or biosolid products regulated under the code of federal regulations, 40 CFR 503, as amended.
(38) "Weight" means the weight of material as offered for sale.
(39) "Wood" means the hard fibrous material located beneath the bark of trees, which constitutes the greatest part of the stems of trees and shrubs.
When not specifically stated in this section or otherwise designated by the department in rule, the department will be guided by the definitions of general terms, fertilizer materials and soil and plant amendment materials as set forth in the Official Publication of the Association of American Plant Food Control Officials (AAPFCO), or the Merck Index, published by Merck & Co., Inc.
[22-2203, added 2001, ch. 250, sec. 3, p. 903.]
The department shall administer, enforce, and carry out this chapter and may adopt rules necessary to carry out its purposes including, but not limited to, the proper use, handling, transportation, storage, display, distribution, sampling, records, analysis, form, minimum percentages, soil amending or plant amending ingredients, exempted materials, investigational allowances, definitions, labels, labeling, misbranding, mislabeling and disposal of soil amendments and plant amendments and their containers. The adoption of rules shall be subject to public hearing as prescribed by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.
[22-2204, added 2001, ch. 250, sec. 3, p. 906.]
(1) Each separately identifiable soil amendment or plant amendment product shall be registered before being distributed in this state. The application for registration shall be submitted to the department on a form furnished by the department and shall be accompanied by a nonrefundable fee of ninety dollars ($90.00) per product and a label of each product, unless a current label is on file at the department. Companies planning to mix customer-formula soil amendments or plant amendments shall include the statement "customer-formula mixes" under the "products" column on the registration application form. Upon approval by the department, a certificate of registration shall be furnished to the applicant.
(2) In determining whether a label statement of an ingredient is appropriate, the department may require the submission of a written statement describing the method of laboratory analysis used, the source of all ingredient material, and any reference material relied on to support the label statement or guarantee of the ingredients.
(3) Upon receipt of a complete application for registration of a product, the department may test and analyze an official sample of the product to determine whether the contents of the official sample conform to the label. In his discretion, the director may also require an applicant for registration of a soil amendment or a plant amendment to submit any data concerning the efficacy or safety of the product for its intended use.
(4) Refusal to register, denial, suspension.
(a) If it appears to the director that composition of the soil amendment or plant amendment does not warrant the proposed claims for it, or if the soil amendment or plant amendment and its labeling or other material required to be submitted do not comply with this chapter or rules adopted under this chapter, the director shall notify the applicant of the manner in which the soil amendment or plant amendment labeling or other material required to be submitted fails to comply with this chapter so as to give the applicant an opportunity to make the necessary corrections. If the applicant does not make the required changes within ninety (90) days from the receipt of the notice, the director may refuse to register the soil amendment or plant amendment. The applicant may request a hearing as provided in the administrative procedure act, chapter 52, title 67, Idaho Code.
(b) When the director determines that a soil amendment or plant amendment or its labeling does not comply with this chapter or rules adopted under this chapter, or when necessary to prevent unreasonable adverse effects on the environment, the director may refuse to register or may suspend, revoke or modify the registration of the soil amendment or plant amendment in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code.
(5) Registrations are effective through the last day of the calendar year in which they are issued. If a registration is being renewed, the director may suspend the requirement that a soil amendment or plant amendment be analyzed if there is no material change in the label for the product.
(6) If the application for renewal of the soil amendment or plant amendment registration provided for in this section is not submitted by January 31, a penalty of ten dollars ($10.00) per product shall be assessed and added to the original fee. The applicant shall pay the penalty before the renewal soil amendment or plant amendment registration may be issued.
(7) Any waste-derived soil amendment or waste-derived plant amendment distributed as a single-ingredient product or blended with other soil amendments or plant amendment ingredients must be identified as "waste-derived soil amendment or plant amendment" by the applicant in the application for registration.
(8) An applicant applying to register a waste-derived soil amendment or plant amendment shall state in the application the concentration of metals or metalloids including, but not limited to, arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), and selenium (Se). The applicant shall provide a laboratory report or other documentation verifying the levels of the metals or metalloids in the waste-derived soil amendment or plant amendment.
(9) A distributor is not required to register a soil amendment or plant amendment product that is already registered under this chapter, as long as the label remains unchanged.
[22-2205, added 2001, ch. 250, sec. 3, p. 906; am. 2022, ch. 27, sec. 5, p. 80.]
The department may require submission of the complete formula of any soil amendment or plant amendment and the source(s) of all ingredients if it is deemed necessary for the registration of any soil amendment or plant amendment product or administration of this chapter. Any formula so submitted is exempt from disclosure to the public pursuant to section 74-107(1) or (2), Idaho Code.
[22-2206, added 2001, ch. 250, sec. 3, p. 908; am. 2015, ch. 141, sec. 31, p. 408.]
(1) Soil amendment or plant amendment labels. The following information shall be considered the label and shall appear in a readable and conspicuous form on the face or display side of any container, or on the invoice if delivered in bulk, in which soil amendments or plant amendments are offered for sale:
(a) Net weight or volume;
(b) Brand name;
(c) Content or guaranteed analysis; soil amending or plant amending ingredients:
"Name of ingredient" ……… %
(identify and list all)
Total other ingredients …… %
(d) Purpose of product;
(e) Directions for application;
(f) Name and mailing address of the registrant.
(g) Other information required by rule for the type of product being registered.
(2) No information or statement shall appear on any package, label or labeling which is false or misleading to the purchaser as to the use, analysis, type or composition of the soil amendment or plant amendment.
(3) The director may require verification of label claims made for any soil amendment or plant amendment. If no claims are made he may require proof of usefulness and value of the soil amendment or plant amendment. For evidence of proof, the director may rely on experimental data, evaluations or advice supplied from sources such as the director of the agricultural experiment station. The verification of label claims shall be relevant to the stated uses for which the product is intended. The director may accept or reject other sources of proof as additional evidence in evaluating soil amendments and plant amendments.
(4) Soil amending or plant amending ingredients may be listed or guaranteed on labels or labeling of soil amendments or plant amendments with the permission of the director. The director may allow a soil amending or plant amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided to the director to substantiate the value and usefulness of the soil amending or plant amending ingredient. The director may rely on outside sources such as the director of the agricultural experiment station for assistance in evaluating the data submitted. When a soil amending or plant amending ingredient is permitted to be listed or guaranteed, it must be determinable by laboratory methods and is subject to inspection and analysis. The director may prescribe methods and procedures of inspection and analysis of the soil amending and plant amending ingredient. The director may stipulate by rule the quantities of soil amending or plant amending ingredient(s) required in a soil amendment or plant amendment.
(5) The director may allow labeling by volume rather than weight as provided in subsection (1)(a) of this section.
(6) Each delivery of a customer formula mix soil amendment or a plant amendment shall contain those ingredients specified by the purchaser, and those ingredients and the amounts of each shall be shown on the statement or invoice. A record of all invoices of customer formula mixes shall be kept by the registrant for a period of one (1) year and shall be available to the department upon request.
(7) Each delivery of a customer formula mix soil amendment or a plant amendment shall be accompanied by either a statement, invoice, delivery slip or label, containing the following information:
(a) Net weight or volume;
(b) The brand;
(c) The name and address of the registrant or manufacturer, or both;
(d) The name and address of the purchaser; and
(e) The soil amending or plant amending ingredients and amounts.
[22-2207, added 2001, ch. 250, sec. 3, p. 908.]
(1) The department shall inspect, sample, analyze and test soil amendments or plant amendments distributed within this state at a time and place and to an extent as it deems necessary to determine whether the soil amendments or plant amendments comply with this chapter. The department may stop any commercial vehicle transporting soil amendments or plant amendments on the public highways and direct it to the nearest scales approved by the department to check weights of soil amendments or plant amendments being delivered or to take samples of the product being transported. Also, the department may, upon presentation of proper identification, enter any distributor’s premises, including any vehicle of transport, at all reasonable times in order to have access to soil amendments or plant amendments and to records relating to their distribution.
(2) The methods of sampling and analysis shall be those adopted by the department from officially recognized sources, such as, but not limited to, the association of American plant food control officials (AAPFCO) and the association of official analytical chemists, international (AOAC).
(3) In determining for administrative purposes whether a soil amendment or plant amendment is deficient in any component, the department shall be guided solely by the official sample as defined in section 22-2203(24), Idaho Code, and obtained and analyzed as provided for in this section.
(4) When the inspection and analysis of an official sample has been made, the department shall forward the results of the analysis to the distributor and manufacturer, and to the purchaser upon written request. Upon written request and within thirty (30) days of the results of analysis, the department shall furnish to the distributor and/or manufacturer a portion of the sample concerned.
(5) If the analyses of samples made by the department indicate deficiencies in the soil amendments or plant amendments examined, below guaranteed analysis and in excess of the tolerances specified in rules adopted under this chapter, the department shall immediately notify the manufacturer and/or distributor of the soil amendments or plant amendments of the results of the analyses. The manufacturer or distributor of the soil amendments or plant amendments may, upon written request, obtain from the department a portion of the sample(s) in question. If the manufacturer or distributor does not agree with the analyses of the department, he may request an umpire who shall be one (1) of a list of not less than three (3) public analysts recognized by the department to have the requisite ability in soil amendments, plant amendments or fertilizer analyses, who shall be named by the department. The umpire analyses shall be made at the expense of the manufacturer or distributor requesting the umpire analyses. If the umpire agrees more closely with the department, the figures of the department shall be considered correct. If the umpire agrees more closely with the figures of the manufacturer or distributor, then the figures of the manufacturer or distributor shall be considered correct.
(6) Analysis of an official sample by the department shall be accepted as prima facie evidence by any court of competent jurisdiction.
[22-2210, added 2001, ch. 250, sec. 3, p. 910.]
If any soil amendment or plant amendment in the possession of the consumer is found by the director to be short in weight, the registrant of the soil amendment or plant amendment shall, within thirty (30) days after official notification from the department, submit to the department a penalty payment of three (3) times the value of the actual shortage.
[22-2211, added 2001, ch. 250, sec. 3, p. 911.]
(1) If the analysis shows that any soil amendment or plant amendment falls short of the guaranteed analysis in any one (1) soil amending or plant amending ingredient or in total soil amending or plant amending ingredients, a penalty shall be assessed in favor of the department as follows:
(a) A penalty of three (3) times the value of the deficiency if the deficiency in any one (1) soil amending ingredient is more than:
(i) Twenty percent (20%) of the guarantee on any one (1) soil amendment or plant amendment in which the soil amending or plant amending ingredient is guaranteed up to and including twenty percent (20%).
(ii) Four percent (4%) under guarantee on any one (1) soil amendment or plant amendment in which the soil amending or plant amending ingredient is guaranteed twenty and one-tenth percent (20.1%) and above.
(b) A penalty of three (3) times the value of the total soil amending or plant amending ingredient deficiency shall be assessed when the total deficiency is more than two percent (2%) under the calculated total soil amending or plant amending ingredient guarantee.
(c) When a soil amendment or plant amendment is subject to penalties under both (a) and (b) above, only the larger penalty shall be assessed.
(2) All penalties assessed under this section shall be paid to the department within ninety (90) days after the date of notice from the director to the registrant. The department shall deposit the amount of the penalty into the commercial feed and fertilizer fund, as stipulated in section 22-2220, Idaho Code.
(3) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification for penalties imposed under subsection (1) of this section.
(4) The penalties payable in subsection (1) of this section do not limit the consumer’s right to bring a civil action in damage against the registrant paying the civil penalties.
[22-2212, added 2001, ch. 250, sec. 3, p. 911.]
For the purpose of determining commercial values to be applied under this section, the director shall determine from the registrant’s sales invoice the values charged for the plant amending or soil amending ingredients. If no invoice is available or if the invoice fails to provide sufficient information, the director may use prevailing market prices to determine values. The values so determined shall be used in determining and assessing penalties.
[22-2213, added 2001, ch. 250, sec. 3, p. 912.]
No person shall distribute a misbranded soil amendment or plant amendment in this state. A soil amendment or plant amendment is deemed to be misbranded if:
(1) Its labeling is false or misleading in any material respect; or
(2) It is distributed under the name or brand of another soil amendment or plant amendment, unless the distribution is proper under section 22-2205, Idaho Code; or
(3) It is not labeled as required in section 22-2207, Idaho Code, and according to the rules of the department adopted under this chapter. The rules shall give due regard to the commonly accepted definitions and terms, as stated or provided in section 22-2203, Idaho Code; or
(4) It purports to be or is represented as a soil amendment or plant amendment, or is represented as containing a soil amendment or plant amendment, unless the soil amendment or plant amendment conforms to the definitions of identity, if any, prescribed by rules of the department. In adopting the rules, the department shall give due regard to commonly accepted definitions and official terms, as stated or provided in section 22-2203, Idaho Code; or
(5) It does not conform to the ingredient form, minimums, labeling and investigational allowances in the rules adopted by the department.
[22-2214, added 2001, ch. 250, sec. 3, p. 912.]
No person shall distribute an adulterated soil or plant amendment. A soil amendment or plant amendment is deemed to be adulterated if:
(1) It contains any deleterious or harmful substance, or organism in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water when applied in accordance with directions for use on the label; or, if adequate warning statements and directions for use, which may be necessary to protect plant life, animals, humans, aquatic life, soil or water, are not shown on the label; or
(2) Its composition falls below or differs from that which it is purported to possess by its labeling; or
(3) It contains unwanted crop seed or weed seed.
[22-2215, added 2001, ch. 250, sec. 3, p. 912.]
The department shall publish the following information at least annually and in a form it deems proper: the total tonnage of soil amendments and plant amendments distributed; the total number of official samples analyzed and the number of deficient official samples analyzed; and any other information the department deems fit.
[22-2216, added 2001, ch. 250, sec. 3, p. 912.]
(1) The director may issue and enforce a written "stop-sale, use or removal" order to the manufacturer, distributor, owner, or custodian of any soil amendment or plant amendment, or any lot thereof, if he determines that:
(a) A soil amendment or plant amendment is not properly registered or its registration has been revoked under this chapter; or
(b) A soil amendment or plant amendment is misbranded or adulterated.
(2) The order may require the person to whom it is directed to hold the soil amendment or plant amendment, or lot thereof, that is the subject of the order at a designated place until the requirements of this chapter are satisfied and all costs and expenses reasonably incurred by the department in connection with the withdrawal are paid by or on behalf of the person to whom the order was directed.
[22-2217, added 2001, ch. 250, sec. 3, p. 912; am. 2022, ch. 27, sec. 8, p. 81.]
It is unlawful to:
(1) Distribute a misbranded soil amendment or plant amendment;
(2) Fail, refuse or neglect to place upon or attach to each container of distributed soil amendment or plant amendment a label containing the information required by this chapter;
(3) Fail, refuse or neglect to deliver to a purchaser of bulk soil amendments or plant amendments, a statement containing the information required by this chapter;
(4) Distribute a soil amendment or plant amendment which has not been registered with the department;
(5) Distribute a soil amendment or plant amendment containing viable noxious weed seeds, as specified in section 22-2215(3), Idaho Code;
(6) Distribute an adulterated soil amendment or plant amendment;
(7) Distribute a soil amendment or plant amendment weighing less than that which it is purported to weigh;
(8) Distribute a soil amendment or plant amendment different from the guaranteed analysis purported on the label;
(9) Fail or refuse to provide, keep or maintain records and information as required by this chapter;
(10) Fail to stop distribution of a soil amendment or plant amendment product under a stop-sale order as authorized under section 22-2217, Idaho Code; or
(11) Fail to disclose to the director, when requested, sources of potentially deleterious components, which components shall be established by rule.
[22-2218, added 2001, ch. 250, sec. 3, p. 913.]
(1) A person convicted of violating this chapter or the rules adopted under this chapter or who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the director or a duly authorized agent from the performance of his duty in connection with this chapter, is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500) for the first violation and not more than one thousand five hundred dollars ($1,500) for a subsequent violation. In all prosecutions under this chapter involving the composition of a lot of a commercial soil and plant amendment product, a certified copy of the official analysis signed by the director or his duly authorized agent shall be accepted as prima facie evidence of the composition.
(2) A person who violates or fails to comply with this chapter or any rules adopted under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable to the department for reasonable attorney’s fees. The department may assess a civil penalty in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing under the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the director is unable to collect the penalty or if a person fails to pay all or a set portion of the civil penalty as determined by the department, the department may recover the amount in an action in the appropriate district court. A person against whom the director has assessed a civil penalty under this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.
(3) Nothing in this chapter requires the director or a duly authorized representative to report minor violations of this chapter for prosecution, or for the institution of seizure proceedings, when the director believes that the public interest will be best served by a suitable notice of warning in writing.
(4) A prosecuting attorney to whom any violation is reported shall, without delay, cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction. Before the director reports a violation for prosecution by a prosecuting attorney, the director shall give the person charged with the violation an opportunity to present his view to the director.
(5) The director may apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule adopter under this chapter notwithstanding the existence of other remedies of law. An injunction shall be issued without bond.
[22-2219, added 2001, ch. 250, sec. 3, p. 913.]
All moneys received by the director from the registration of soil amendments and plant amendments and from the payment of moneys derived from the registration and inspection fees charged on soil amendments and plant amendments, and moneys collected for violations of this chapter or rules adopted under this chapter, shall be paid into the state treasury and placed in a fund to be known as the "Commercial Feed and Fertilizer Fund." Moneys in the fund shall be used to carry out the purposes of this chapter.
[22-2220, added 2001, ch. 250, sec. 3, p. 914.]
The director may cooperate with and enter into agreements with other government agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purposes of this chapter.
[22-2221, added 2001, ch. 250, sec. 3, p. 914.]
The enactment of this chapter does not terminate or modify any civil or criminal liability which exists on July 1, 2001.
[22-2222, added 2001, ch. 250, sec. 3, p. 914.]
This chapter does not restrict or preclude sales or exchanges of soil amendments or plant amendments to each other by importers, manufacturers or manipulators who mix soil amendment or plant amendment materials for sale or prevent the free and unrestricted shipments of soil amendments or plant amendments to manufacturers or manipulators who have registered their products as required in this chapter.
[22-2223, added 2001, ch. 250, sec. 3, p. 914.]
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not effect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
[22-2224, added 2001, ch. 250, sec. 3, p. 915.]
When not otherwise stated in this chapter or rules adopted under this chapter, the statements of uniform interpretation and policy as adopted in the annual publication of the American plant food control officials shall guide the department when making the decisions in the areas covered by AAPFCO statements of uniform interpretation and policy.
[22-2225, added 2001, ch. 250, sec. 3, p. 915.]
(1) No local government entity including, but not limited to, any city, county, township, or municipal corporation or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state of Idaho, shall:
(a) Regulate the registration, packaging, labeling, sale, storage, distribution, use and application of soil and plant amendments;
(b) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of soil and plant amendments.
(2) Ordinances adopted by the local government entity in violation of this section are void and unenforceable.
(3) The provisions of subsections (1) and (2) of this section shall not preempt county or city local zoning ordinances governing the physical location or siting of soil and plant amendment manufacturing, storage and sales facilities or protecting the quality of ground water or surface water in accordance with applicable state and federal law.
[22-2226, added 2005, ch. 388, sec. 1, p. 1249.]
The legislature and the Idaho nursery and florist industry find and declare that the propagation and raising of nursery and florist stock is an agricultural pursuit that should be regulated and assisted by the department of agriculture to provide a high quality and pest free product to the citizens of Idaho and Idaho’s external trading partners. A nursery and floral services program shall be maintained within the department for the purpose of carrying out and enforcing the provisions of this chapter.
[22-2301, added 1998, ch. 89, sec. 1, p. 305.]
For the purpose of this chapter:
(1) The singular and plural forms of any word or term in this chapter shall be interchangeable and equivalent within the meaning of this chapter.
(2) "Agent" means any person only soliciting orders in this state for the purchase or sale of nursery or florist stock for any principal who is not licensed under this chapter.
(3) "Dealer":
(a) Means any person who deals in, sells, handles, consigns, or accepts on consignment, imports, stores, displays or advertises nursery or florist stock which he has not grown.
(b) The term does not include persons whose business is located out-of-state and who import and sell such nursery or florist stock not grown in Idaho into this state and who only solicit such nursery or florist stock sales through salesmen or representatives or by mail or advertisement. Such a person to be exempt as a dealer must not own, lease, control, or maintain buildings, warehouses or any location or place in Idaho in which or through which such nursery or florist stock is stored, sold, offered for sale, or held for sale or delivered therefrom. The nursery or florist stock must be shipped direct from the out-of-state location or place of business to the grower, wholesaler, retailer, or ultimate consumer or user in Idaho.
(4) "Department" means the Idaho department of agriculture.
(5) "Director" means the director of the Idaho department of agriculture.
(6) "Florist stock" shall include all cut flowers, foliage and ferns, all potted plants or cuttings or bedding plants, and all flowering bulbs and rooted herbaceous plants used for ornamental or decorative purposes and all corms, whether grown in boxes, benches, pots, under glass or other artificial covering, or in the field or open ground or cuttings therefrom.
(7) "Grower" means any person who grows nursery stock.
(8) "Landscape contractor" shall be construed as applying to any person or persons engaged in landscaping property for which he, she, or they will furnish the plants, trees, or shrubs either from his, her, or their own nurseries or by purchase or on contract from other nurseries.
(9) "Not regularly engaged in the business" shall be construed to mean sales of nursery and/or florist stock incident to farming and gardening operations by persons who do not display such nursery and/or florist stock for sale by use of signboards, placards, newspapers, radio, or other circulation medium.
(10) "Nursery and/or floral shop" shall be construed to mean any grounds, buildings, greenhouses, or premises either privately or publicly owned on or in which nursery stock or florist stock is propagated or grown for sale, either at the present or at some future time; or any grounds, buildings, greenhouses, vehicles, or premises on or in which nursery or florist stock is being stored, packed, or offered for sale.
(11) "Nursery stock" includes all botanically classified plants or any part thereof, such as aquatic or herbaceous plants, bulbs, sod, buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamental trees, and shrubs, berry plants, and all trees, shrubs, vines, and plants collected in the wild that are grown or kept for propagation or sale. The term does not include field and forage crops, seeds of grasses, cereal grains, vegetable crops and flowers, bulbs and tubers of vegetable crops, vegetables or fruit used for food or feed, cut trees or cut flowers unless stems or other portions thereof are intended for propagation.
(12) "Nurseryman or florist" shall be construed to mean the person who owns, leases, manages, or is in charge of a nursery or flower shop or grows nursery or florist stock on shares or on contract.
(13) "Person" includes, but is not limited to, any individual, partnership, corporation, company, firm, society, association, organization, government agency, or any other entity.
(14) "Pest" means any biotic agent (any living agent capable of reproducing itself) or any of the following that is known to cause damage or harm to the production of agricultural crops or the environment:
(a) Any infectious, transmissible or contagious disease of any plant; or any disorder of any plant which manifests symptoms or behavior which, after investigation, is found and determined by a duly constituted federal, state or local pest prevention agency, to be characteristic of an infectious, transmissible or contagious disease.
(b) Any form of animal life.
(c) Any form of plant life, including noxious weeds as defined and listed in chapter 4, title 22, Idaho Code, and chapter 24, title 22, Idaho Code, and rules promulgated thereunder.
(15) "Sell" or "sale" means to offer, expose, or hold for sale, have for the purpose of sale, or to solicit orders for sale or to deliver, distribute, exchange, furnish, or supply.
(16) "Wholesale" means a sale in quantity to one who intends to resell; selling to retailers or contractors rather than consumers.
[(22-2302) added 1984, ch. 231, sec. 2, p. 554; am. and redesig. 1998, ch. 89, sec. 2, p. 305.]
The department is authorized to:
(1) Inspect the nursery or florist stock of growers, dealers, and other persons and places of business provided for under sections 22-2301 through 22-2325, Idaho Code.
(2) Issue certificates and permits and check the license and licensing of persons affected by the provisions of sections 22-2302 and 22-2315, Idaho Code.
(3) Investigate violations of the provisions of sections 22-2301 through 22-2325, Idaho Code.
(4) Publish annually a list of all licensed nurseries, florists and agents. The annual list shall be distributed to the agricultural regulatory authority of each state and upon request to any licensed nurseries and florists within the state.
(5) Issue rules prescribing approved procedures and services as needed for the protection of the industry and to assure access to domestic and foreign markets.
[(22-2303) added 1984, ch. 231, sec. 2, p. 554; am. and redesig. 1998, ch. 89, sec. 3, p. 307.]
(1) In order to maintain close contact between the department and the nursery and florist industry, there is hereby created a state nursery and florist advisory committee which shall consist of six (6) members appointed by the director of the department of agriculture from a list provided by the Idaho nursery association. Said list will name at least two (2) persons as eligible for each vacancy on the committee. The term of each member shall be for three (3) years beginning on July 1 of the year of appointment. A member shall continue to serve until a successor is appointed and qualified. Vacancies in office shall be filled by appointment for the unexpired term.
(2) No member of the committee shall receive any salary or other compensation, but each member of the committee shall be reimbursed for each day spent in actual attendance in meetings of the committee at the same rate as is allowed state employees for travel expenses.
(3) The functions of the committee shall be to advise and counsel with the department in the administration of the provisions of this chapter.
(4) The committee shall meet at the call of the chairman or the director of the Idaho department of agriculture. A majority of the members present at any meeting shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the committee.
(5) At the first meeting after July 1 in each year, the committee shall select a chairman. The dean of the school of agriculture at the University of Idaho and the director of the Idaho department of agriculture, or their representatives, shall be ex-officio members without the right to vote.
[(22-2304) added 1984, ch. 231, sec. 2, p. 555; am. and redesig. 1998, ch. 89, sec. 4, p. 307.]
(1) It shall be unlawful for any person to engage in, conduct, or carry on the business of propagating, growing, selling, dealing in, or importing into this state, for sale or distribution, any nursery or florist stock, or to engage in landscape designing, or to act as agent, salesman, or solicitor for any nurseryman, florist, landscape contractor, or dealer in nursery or florist stock without first obtaining a license to do so from the Idaho department of agriculture, and it shall be unlawful for any person to falsely represent that he is the agent, salesman, solicitor, or representative of any nurseryman, florist, landscape contractor, or dealer in nursery or florist stock.
(2) The provisions of this chapter shall not apply to the sale of plants, shrubs, scions, or florist stock by any person not regularly engaged in that business when said sales are only incident to the seller’s farming or gardening operations and the total amount of gross annual sales by such seller does not exceed five hundred dollars ($500). The department shall have the authority to inspect any nursery or florist stock in the possession of any person exempted by this subsection, when it has reason to believe that there may be a pest concern or quarantine violation.
(3) Every nurseryman or florist, landscape contractor, dealer, or importer of nursery or florist stock, or collector of native plants for sale shall make application for a license to the Idaho department of agriculture upon a form to be prescribed and furnished by said department, pay to said department the license fee as provided in subsection (4) of this section. No license shall be issued until the applicant shall have paid the fee hereinafter provided.
(4) Nurseries required to be licensed shall consist of nurserymen, florists, dealers, landscape contractors, and importers of nursery or florist stock, and collectors of native plants for sale, and they shall pay a license fee of one hundred dollars ($100) for their principal place of business. Nurseries with more than one (1) retail outlet shall identify the number and location of such additional outlets on the license application and pay an additional one hundred dollars ($100) for each such additional outlet. The license number shall be prominently displayed in each outlet. Should the holder of a nursery license add one (1) or more outlets during the license year, the department must be notified and the one hundred dollar ($100) surcharge for each such outlet paid immediately.
(5) Dealers shall keep accurate records of their sales and transactions involving nursery or florist stock and shall produce the same at any time when so required by the Idaho department of agriculture. At any hearing in which the amount of license fee to be paid by any person is involved or any questions as to such person’s claim for exemption from the provisions of this chapter, such person shall have the burden of proof to establish his claim.
(6) A license fee for an agent as defined in section 22-2302, Idaho Code, is twenty-five dollars ($25.00) per annum for each principal that the agent represents. Agents soliciting sales only from persons licensed under this chapter shall be exempt from licensing fees.
(7) The fees for nursery or florist stock inspection and special services performed for persons not required to be licensed shall be as provided in rules promulgated by the director.
[(22-2305) added 1984, ch. 231, sec. 2, p. 556; am. and redesig. 1998, ch. 89, sec. 5, p. 308; am. 1999, ch. 83, sec. 1, p. 279; am. 2008, ch. 130, sec. 1, p. 364.]
(1) Upon payment of a fee of twenty-five dollars ($25.00), a temporary nursery or florist sale license may be issued by the department for holding of a nursery stock sale conducted by or for the benefit of a duly registered nonprofit organization where such sale does not exceed seven (7) consecutive days in any calendar year.
(2) Application for a temporary nursery or florist license shall be made on a form furnished by the department, and shall be accompanied by the license fee as required for each sale.
(3) The department may prescribe the conditions of such temporary nursery and florist sale license, which conditions shall be stated in the license. Any such license may be revoked or suspended by the department for violation of any of the conditions stated therein.
(4) A licensed nursery or florist with a previously established place of business may conduct business from a temporary location, provided the location is not utilized for more than six (6) weeks in any calendar year.
[(22-2306) added 1984, ch. 231, sec. 2, p. 556; am. and redesig. 1998, ch. 89, sec. 6, p. 309.]
(1) The fees for the renewal of the annual license required by this chapter shall be paid with the application for license renewal before January 1 of each year. Any license not renewed by February 1 of each year shall be assessed an additional twenty-five dollar ($25.00) fee along with the required license fee specified in section 22-2305, Idaho Code.
(2) Failure to pay the fees when due forfeits the right to operate as a grower, dealer, or agent.
(3) Any person who has been previously licensed to grow or sell nursery or florist stock and whose right to grow or sell has been forfeited shall not be issued a renewal license except upon written application to the department accompanied by a sum of money equal to the regular license fee as provided in section 22-2305, Idaho Code.
[(22-2307) added 1984, ch. 231, sec. 2, p. 556; am. and redesig. 1998, ch. 89, sec. 7, p. 309.]
(1) No agent’s license shall be issued or valid unless the agent’s principal has given the department written authorization to issue the license.
(2) An agent’s license shall be automatically suspended during any period when he is not acting as an agent or the principal has withdrawn or cancelled the authorization.
(3) If his license has not expired, an agent may revive his license by giving notice to the department that he is again acting as an agent. If the agent represents a principal other than the one who gave the written authorization to issue the license, subsection (1) of this section applies.
[(22-2308) added 1984, ch. 231, sec. 2, p. 557; am. and redesig. 1998, ch. 89, sec. 8, p. 310.]
(1) A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee is changed or if the membership of a partnership is changed, irrespective of whether or not the business name is changed.
(2) The license issued to a grower or dealer applies to the particular premises named in the license. However, if prior approval is obtained from the department, the place of business may be moved to other premises or locations without the necessity of relicensing.
[(22-2309) added 1984, ch. 231, sec. 2, p. 557; am. and redesig. 1998, ch. 89, sec. 9, p. 310.]
The department may suspend, revoke, or refuse to issue or renew the license of any person when it is satisfied that:
(1) The applicant or licensee has been guilty of fraud, deception, or misrepresentation in the procurement of a license; or
(2) The licensee was guilty of violating any of the provisions of this chapter.
[(22-2310) added 1984, ch. 231, sec. 2, p. 557; am. and redesig. 1998, ch. 89, sec. 10, p. 310.]
No person may advertise in any media, any plant material covered under this chapter as being for sale without disclosing the person’s company name or license number.
[22-2311, added 1998, ch. 89, sec. 11, p. 310.]
No licensed nursery or florist may make wholesale sales of plant material for resale to an unlicensed nursery, florist, or landscape contractor.
[22-2312, added 1998, ch. 89, sec. 12, p. 311.]
(1) The department may issue a shipping permit number to any licensee who requests or requires one.
(2) When authorized or required by the department, the shipping permit number shall accompany all shipments and deliveries of nursery or florist stock. Authorization for such use of a shipping permit number shall be renewed at least annually, subject to rules promulgated by the director. Use of a shipping permit number without proper authorization shall constitute a violation of this chapter.
[(22-2313) added 1984, ch. 231, sec. 2, p. 558; am. and redesig. 1998, ch. 89, sec. 13, p. 311.]
(1) The department shall inspect each licensed nursery and florist as often as the department considers necessary to determine and control pests.
(2) The department may make additional inspections and perform special services as needed in addition to those in paragraph (a) of this subsection including, but not limited to:
(a) Inspections for and issuance of phytosanitary certificates and other certificates required for entrance of nursery or florist stock into other states and foreign countries;
(b) Services performed to verify compliance with import regulations of other states and foreign countries; and
(c) Observing application of pesticides, including fumigants, on nursery or florist stock for phytosanitary purposes.
(3) The director shall maintain a schedule of fees for such additional inspections as may be required or requested.
[(22-2314) added 1984, ch. 231, sec. 2, p. 558; am. and redesig. 1998, ch. 89, sec. 14, p. 311.]
No person shall:
(1) Substitute other nursery or florist stock for nursery or florist stock covered by an inspection certificate; or
(2) Transport or accept for transportation within the state of Idaho nursery or florist stock that does not carry the official inspection tag authorized by the department.
[(22-2315) added 1984, ch. 231, sec. 2, p. 558; am. and redesig. 1998, ch. 89, sec. 15, p. 311.]
(1) No grower, dealer, or agent shall:
(a) Sell nursery or florist stock representing it to be a name, age, or variety different from what the nursery or florist stock actually is; or
(b) Represent that any nursery or florist stock is a new variety when, in fact, it is a standard variety and has been given a new name; or
(c) Sell or present cormels as corms or bulblets as bulbs.
(2) In addition the grower, dealer, or agent shall attach to every bundle of fruit-bearing trees sold or shipped within this state a tag or label specifying the name of the variety of trees contained therein. If the bundle shall contain trees of different varieties, such label or tag shall be attached to each tree or group of trees of the same variety.
[(22-2316) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 16, p. 312.]
(1) No person shall knowingly offer to sell, advertise, or display nursery or florist stock:
(a) That is dead, in a dying condition, seriously broken, desiccated, frozen or damaged by freezing, or materially damaged in any way;
(b) By any methods which have the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species, name, age, variety, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth, or time required before flowering or fruiting, price, origin, or place where grown, or in any other material respect;
(c) That fails to meet the grade with which it is labeled;
(d) By making other false or fraudulent representations in connection with the sale of nursery or florist stock.
[(22-2317) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 17, p. 312.]
(1) No person shall knowingly offer to sell nursery or florist stock that is infected or infested.
(2) Unless the nursery or florist stock is held for separation or treatment under the supervision of an officer, employee, or inspector of the department, no person shall advertise, display, transport, move, store, or warehouse nursery or florist stock that is infected or infested.
(3) Any infected or infested nursery or florist stock may be seized.
(a) As used in this section, "infected" means any appearance of a disease symptom or causal agent that may, in the opinion of the department, be a menace to other nursery or florist stock or any products or properties.
(b) As used in this section, "infested" means when the mature or immature form of any plant pest, including noxious weeds as defined by the department, is found in such numbers as, in the opinion of the department, to be a menace to other nursery or florist stock or any product or properties.
[(22-2318) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 18, p. 312.]
(1) The department may issue and enforce a written or printed "stop-sale" order to any dealer, agent, grower, or other person who is the owner or custodian of any nursery or florist stock when the department finds such nursery or florist stock is being offered for sale in violation of any of the provisions of this chapter.
(2) The "stop-sale" order shall be in effect until the provisions of this chapter have been complied with and said nursery or florist stock is released by order, in writing, of the department. If the nursery or florist stock under "stop-sale" order is determined after a reasonable period to be in such condition that neither treatment nor passage of time will enable it to meet the requirements of this chapter for sale, the department may order such nursery or florist stock destroyed.
[(22-2319) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 19, p. 313.]
Nursery or florist stock imported into Idaho must be accompanied by a certificate from the place of origin, signed by an authorized agent or representative of the agency supervising and responsible for carrying out the nursery and florist stock laws of such originating state or country. The certificate shall contain additional information as may be required by the department to carry out and enforce the provisions of this chapter.
[(22-2320) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 20, p. 313.]
Nursery stock standard for grade, quality and size shall be those as published by the American nursery and landscape association. The department shall not actively enforce these standards except in the case of a complaint or dispute.
[22-2321, added 1998, ch. 89, sec. 21, p. 313.]
The department will honor the nursery and florist license of a company doing business in, but not physically located in or having an agent in the state, provided that the license is issued by the appropriate regulatory authority in the state of origin, and that authority accepts the licenses issued by the Idaho department of agriculture for Idaho companies doing business in the same manner within that state.
[22-2322, added 1998, ch. 89, sec. 22, p. 314.]
Fees collected shall be paid into the state treasury and credited to the agriculture inspection account created by section 22-104, Idaho Code, and such fees shall be used only to carry out the provisions of this chapter. Additionally, twenty-five dollars ($25.00) from each license fee collected under this chapter shall be credited to a special nursery research and education account. The state nursery and florist advisory committee shall approve the distribution of research and education funds to further educational outreach and research into nursery and floral production and pest control.
[(22-2323) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 23, p. 314; am. 2007, ch. 52, sec. 1, p. 124.]
(1) Any person who shall violate or fail to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor.
(2) Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than five hundred dollars ($500) for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other administrative action of the department. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected pursuant to this section shall be remitted to the agricultural inspection account.
(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.
[(22-2324) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 24, p. 314.]
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 remaining portions of this act.
[(22-2325) added 1984, ch. 231, sec. 2, p. 559; am. and redesig. 1998, ch. 89, sec. 25, p. 315.]
It is the purpose of this chapter to define noxious weeds; legal requirements, duties, and responsibilities of persons; and to provide the statutory and financial means for the control of noxious weeds, wherever such noxious weeds occur in this state.
[(22-2401) 1981, ch. 309, sec. 2, p. 635; am. 1987, ch. 331, sec. 1, p. 691; am. and redesignated 1989, ch. 298, sec. 1, p. 731; am. and redesig. 1993, ch. 247, sec. 1, p. 860.]
As used in this chapter:
(1) "Agency" means:
(a) In the case of the federal government, any authority which exercises administrative control over defined areas of federal lands within the state of Idaho;
(b) In the case of the state of Idaho, any department, board, commission, or institution;
(c) In the case of local government, cities, counties and any legal subdivisions thereof, drainage districts, irrigation districts, canal companies, highway districts, or any special taxing district.
(2) "Applicable fund or account" means:
(a) In the case of the state of Idaho, the noxious weed account, which is hereby created and established in the dedicated fund and which shall be used exclusively for the purposes prescribed by this chapter;
(b) In each county, the noxious weed fund, which is hereby created and established and shall be maintained in each county and which shall be used exclusively for the purposes prescribed by this chapter.
(3) "Aquatic plant" means any plant growing in, or closely associated with, the aquatic environment and includes, but is not limited to, riparian plants.
(4) "Article" means a particular kind of object, and includes any type of conveyance, mode of transport or associated materials such as water.
(5) "Classical biological control" means the introduction of control agents into a region, that is not part of their natural range, to suppress permanently the populations of selected target weeds usually also introduced into that region. "Augmentative biological control" means the supplemental release of control agents into a region, that is part of their natural range, to suppress permanently the populations of selected target weeds.
(6) "Containment" means halting the spread of a weed infestation beyond specified boundaries.
(7) "Control" means any or all of the following: prevention, rehabilitation, eradication or modified treatments.
(8) "Control authority" means:
(a) On the state level, the director of the department of agriculture;
(b) On the county level, the board of county commissioners.
(9) "Cooperative weed management area (CWMA)" means a distinguishable hydrologic, vegetative or geographic zone based upon geography, weed infestations, climate or human-use patterns. Cooperative weed management areas may be composed of a portion of a county, a county, portions of several counties, or portions of one (1) or more states.
(10) "Department" means the Idaho state department of agriculture.
(11) "Director" means the director of the department of agriculture or the director’s designated agent.
(12) "Eradication" means the elimination of a noxious weed based on absence as determined by a visual inspection by the control authority during the current growing season.
(13) "Integrated weed management plan (IWMP)" means a plan developed to manage, control or eradicate a noxious weed(s) from a cooperative weed management area or other weed management area. Integrated weed management strategies may include, but are not limited to, prevention, cultural, mechanical, chemical and biological methods.
(14) "Land" means all soil or water or other growing medium.
(15) "Landowner" means:
(a) The person who holds legal title to the land, except that portion for which another person has the right to exclude others from possession of the parcel; or
(b) A person with an interest in a parcel of land such that the person has the right to exclude others from possession of the parcel.
(16) "Modified treatment" means treatment specified in an integrated weed management plan.
(17) "Noxious weed" means any plant having the potential to cause injury to public health, crops, livestock, land or other property; and which is designated as noxious by the director.
(18) "Person" means any individual, partnership, firm, agency, corporation, company, society or association.
(19) "Prevention" means:
(a) Any action that reduces the potential for the introduction or establishment of a plant species in areas not currently infested with that species; or
(b) Any action that deters the spread of noxious weeds.
(20) "Quarantine" means the regulation of the production, movement, or existence of plants, plant products, animals, animal products, or any other article or material, or the normal activity of persons, to prevent or limit introduction or spread of noxious weeds.
(21) "Rehabilitation" means the process of reconditioning formerly weed infested land to a productive or desirable condition.
(22) "Riparian" means the green, vegetated areas along the edge of water bodies like rivers, creeks, canals, lakes, springs, sloughs, potholes and wetlands. They are the transition zone between upland and aquatic ecosystems. Underlying saturated soil is a key feature in riparian areas.
(23) "State noxious weed advisory committee" means an advisory committee appointed by the director to advise and to assist in development, modification and direction of a statewide noxious weed management strategy.
(24) "Viable" means a plant or plant part capable of surviving or living successfully, especially under particular environmental conditions.
(25) "Waters" means all the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through, or which border upon the state.
(26) "Weed control advisory committee" means a committee established by weed control agencies or authorities, at the county level, or a steering committee of a cooperative weed management area, to develop and to recommend implementation of integrated weed management plans and strategies.
(27) "Hybrid" means the offspring of two (2) plants of different breeds, varieties, species or genera.
(28) "Releasing" means releasing, placing, planting, or causing to be released, a species in a water body, facility, water supply system, field, garden, planted area, ecosystem or otherwise into the environment within the state of Idaho.
(29) "Researcher" means someone who has the generally accepted education, experience and position within the biological control research community.
(30) "Research facility" means:
(a) Any laboratory, institution, college or university, at which scientific tests, experiments or peer-reviewed investigations involving the use of any living plants are carried out, conducted or attempted and that receives funds under a grant, award or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests or experiments and that uses generally accepted protocols at an equivalent or higher level than a U.S. centers for disease control and prevention biosafety level 1 facility; or
(b) Any privately funded laboratory, institution, college or university at which scientific tests, experiments or peer-reviewed investigations involving the use of any living plants are carried out, conducted or attempted and that uses generally accepted protocols at an equivalent or higher level than a U.S. centers for disease control and prevention biosafety level 1 facility.
[(22-2402) 22-2472, 22-2442, added 1970, ch. 149, sec. 3, p. 448; am. 1981, ch. 309, sec. 4, p. 636; am. 1987, ch. 331, sec. 3, p. 692; am. and redesig. 1989, ch. 298, sec. 3, p. 732; am. and redesig. 1993, ch. 247, sec. 2, p. 860; am. 1999, ch. 75, sec. 1, p. 213; am. 2006, ch. 225, sec. 1, p. 669; am. 2015, ch. 279, sec. 1, p. 1139; am. 2016, ch. 198, sec. 1, p. 553.]
(1) The duty of enforcing this chapter and carrying out its provisions is vested in the director.
(2) The director shall:
(a) Determine what weeds are noxious for the purposes of this chapter; and
(b) Compile and keep current a list of such noxious weeds or group of noxious weeds, which list shall be published and incorporated in the rules of the director; and
(c) Make and publish such rules as in the director’s judgment are necessary to carry out the provisions of this chapter; and
(d) Employ a statewide weed coordinator to carry out the director’s duties and responsibilities; and
(e) Publish a list of items capable of disseminating noxious weeds, and designate treatment of such articles as in the director’s opinion would prevent such dissemination; and
(f) Consult and coordinate with other weed management agencies and authorities in the designation and development of cooperative weed management areas and development and implementation of integrated weed management plans; and
(g) Assist all landowners, managers and lessees in the state of Idaho, including, but not limited to, all state natural resource management agencies, state water resource management entities, as well as public and private land management firms and private landowners, in coping with the growth of noxious weeds, including noxious aquatic weeds.
[(22-2403) 1970, ch. 149, sec. 4, p. 448; am. 1974, ch. 18, sec. 63, p. 364; am. 1976, ch. 51, sec. 5, p. 171; am. 1981, ch. 309, sec. 5, p. 637; am. 1985, ch. 66, sec. 1, p. 137; am. 1987, ch. 331, sec. 4, p. 693; am. and redesignated 1989, ch. 298, sec. 4, p. 734; am. and redesig. 1993, ch. 247, sec. 3, p. 861; am. 1999, ch. 75, sec. 2, p. 214; am. 2006, ch. 225, sec. 2, p. 671.]
(1) The director is authorized to:
(a) Investigate the subject of noxious weeds; and
(b) Require information, annual work plans and reports from each county and from each state agency as to the presence of noxious weeds and other information relative to noxious weeds and the control thereof; and
(c) To cooperate with agencies and persons in carrying out the director’s duties under this chapter, and to conduct matters outside this state in the interest of state noxious weed control; and
(d) Advise and confer as to the extent of noxious weed infestations and the methods of control; and
(e) Assist counties in the training of county weed superintendents; and
(f) Call and attend meetings and conferences dealing with the subject of noxious weeds; and
(g) Disseminate information and conduct educational campaigns independently or in cooperation with others; and
(h) Appoint a state noxious weed advisory committee, as provided by section 22-103, Idaho Code, to aid in the development and implementation of a statewide noxious weed management strategy, aid in evaluation of cost share projects and research proposals, and advise the director on matters pertaining to the state noxious weed program; and
(i) Procure materials and equipment; and
(j) Inspect and certify Idaho crops and imports and exports to verify freedom from noxious weeds, and authorize others to conduct such inspections and certification; and
(k) Enter on any public or private land at reasonable times for the purpose of carrying out the provisions of this chapter; and
(l) Apply to any court of competent jurisdiction for a search warrant authorizing access to any land where access was denied and sought for the purposes set forth in this chapter. The court may, upon such application, issue the search warrant for the purposes requested; and
(m) Perform such other acts as may be necessary or appropriate to the administration of the provisions of this chapter; and
(n) Cooperate with the federal government or any established agency thereof in any program of noxious weed control which shall be deemed advisable for the welfare of the people of the state of Idaho, accept any advisable program and make any necessary rules which are not in contradiction to the purposes of this chapter; and
(o) Accept any gift, grant, contract or other funds, or grants-in-aid from the federal government or other entities for noxious weed control purposes and account for such moneys as prescribed by the state controller, and all such funds are hereby appropriated to the purpose for which they are received; and
(p) Initiate agreements with federal agencies in accordance with applicable federal laws; and
(q) Control noxious weeds on federal land within the state, with or without reimbursement, and with the consent of the federal agency involved; and
(r) Take any appropriate action necessary to control or quarantine noxious weed infestations whenever an actual or potential emergency situation exists concerning noxious weed infestations anywhere in the state; and
(s) Initiate cooperative agreements with other agencies and states for the establishment and support of cooperative weed management areas; and
(t) Aid other weed control agencies or authorities in developing and implementing integrated weed management plans for control of noxious weeds; and
(u) Temporarily designate a weed as noxious for up to fifteen (15) months, after publication in a newspaper of general circulation serving the area of infestation; and
(v) Authorize the issuance of deficiency warrants for the purposes of defraying excess costs for the control of noxious weeds for emergency situations, in the event the actual cost for the control of noxious weeds in any one (1) year exceeds the appropriations made for that purpose. When so authorized the state controller shall draw deficiency warrants against the general account; and
(w) Allow the collection, removal and movement of noxious weeds by a researcher from an infested area in Idaho to a facility within Idaho when available within the state of Idaho for purposes of biological control research, so long as the following conditions are satisfied and certified by the researcher and the director in legally binding and notarized documents:
The director is notified in writing by the researcher the precise details of the proposed research project at least thirty (30) days prior to any contemplated collection, removal or movement of noxious weeds. The director and specialist staff shall conduct a review of the proposed research project and complete a written project approval plan that includes details of all appropriate actions that will be taken to ensure implementation and protection of the authority of the director as outlined in section 22-2403, Idaho Code, the state powers as outlined in section 22-2404, Idaho Code, the county duties as outlined in section 22-2405, Idaho Code, the county powers as outlined in section 22-2406, Idaho Code, the landowner duties as outlined in section 22-2407, Idaho Code, and the landowner and citizen powers as outlined in section 22-2408, Idaho Code. The researcher shall take no action prior to written approval from all control authorities. The written approval process shall also contain a notification to all other appropriate entities as outlined in this chapter;
The collection, removal and movement activities are certified in writing that they will be conducted using methods and protocols prescribed and generally accepted in the biological control research community that prevent the dissemination of noxious weeds;
The biological control agent that is the subject of the research is not a plant pest within the meaning of the plant pest act of 2002, an invasive species within the meaning of the invasive species act of 2008 or a viable noxious weed within the meaning of this chapter;
Viable noxious weeds, as determined by the department, are not reintroduced into the environment as a component or result of the biological control research;
Any articles, including but not limited to plant parts, that are collected for transport as part of biological control research must be destroyed or treated at the research facility in such a way as to destroy the viability of any plant pests, invasive species, hybrids and noxious weeds; and
The project is conducted in accordance with such other conditions as may be set in the written approval document by the director to ensure containment during collection, removal and movement of the noxious weed.
Penalties for intentional transportation or release of a biological control agent shall not exceed those established in the plant protection act (Title 7, USC 7734).
Should it be necessary to transport a biological control agent into or out of the state of Idaho all appropriate biological control protocols shall be followed as delineated by the appropriate federal agencies such as the USDA animal plant health inspection service plant protection quarantine (USDA APHIS PPQ).
None of the actions authorized in this paragraph shall be carried out until the director both outlines the actions and certifies to the board of examiners that the specific funding and personnel necessary for all actions is available within the current operational budget of the Idaho state department of agriculture.
(2) If at any time the director determines that the county commissioners have failed to cooperate or carry out their duties and responsibilities as a control authority, the director shall notify them of the deficiency, and suggest corrective action. If the situation is not satisfactorily corrected within seven (7) days after the time outlined in the director’s corrective action plan, the director shall initiate appropriate action and charge to the county all expenses including the hiring of necessary labor and equipment. Quarantine of specific crops or potential noxious weed propagating activities may be a part of the control program.
[22-2404, added 1993, ch. 247, sec. 4, p. 863; am. 1994, ch. 180, sec. 18, p. 433; am. 1999, ch. 75, sec. 3, p. 215; am. 2006, ch. 225, sec. 3, p. 672; am. 2015, ch. 279, sec. 2, p. 1141.]
(1) The county control authority shall:
(a) Carry out the duties and responsibilities vested in the county under this chapter and rules prescribed by the director; and
(b) Establish and maintain a coordinated program for control of noxious weeds in the county; employ a county weed superintendent, who may be a superintendent for more than one (1) county and who shall be qualified to detect and treat noxious weeds; and
(c) Designate one (1) of its members as the liaison between the county weed superintendent and the county commissioners; and
(d) Provide operational and educational funds for the county weed superintendent; and
(e) Be authorized to initiate cooperative agreements with other agencies or counties for the designation of or participation in cooperative weed management areas for control of noxious weeds.
(2) A general notice for control of noxious weeds shall be published between March 1 and April 30 in a newspaper of general circulation within the county. The notice shall contain the list of noxious weeds and identify those known to be in the county and shall stipulate the obligation to control. Failure to publish the notice for control or serve individual notices herein provided does not relieve any person from full compliance with this chapter thereunder. In all cases said published notice shall be deemed legal and sufficient notice.
(3) Whenever any county finds it necessary to secure more prompt or definite control of noxious weeds than is accomplished by the general notice, it shall cause individual notices on a form prescribed by the director to be served upon the landowner and where possible on the operator of the land giving specific instructions when and how certain named noxious weeds are to be controlled. The individual notice shall also contain information concerning the right to appeal pursuant to section 22-2408, Idaho Code. Individual notices shall be applicable only to the current growing season.
(4) Whenever the landowner of any nonfederal land or nonfederally administered land on which noxious weeds are present has neglected or failed to initiate control as required pursuant to this chapter within five (5) working days from receipt of an individual notice given pursuant to this section, the county having jurisdiction shall have proper control methods used on such land, including necessary destruction of crops, and shall advise the landowner of the cost incurred in connection with such operation. If the landowner is not known or readily available, notice shall be deemed satisfied after eight (8) days from the notice’s postmark or certified registered receipt to the address as shown on the assessment roll of the county. The cost of any such control shall be at the expense of the landowner. If the costs have not been paid to the control authority within sixty (60) days, the control authority may direct that suit be brought in a court of competent jurisdiction for the unpaid charges. On private lands, if unpaid for sixty (60) days or longer, the amount of such expense shall become a lien upon the property; and thereafter the lien shall be subject to collection by the county by sale of the property in the same manner as for delinquent taxes. Nothing contained in this section shall be construed to require satisfaction of the imposed obligation by the sale of property or to bar the application of any other available remedy.
(5) Amounts collected under the provisions of this section shall be deposited to the noxious weed fund of the county and shall be accounted for as prescribed by the county auditor. Disbursements from the noxious weed fund shall be made only for noxious weed control purposes.
(6) The county weed superintendent shall:
(a) Examine all land within the county for the purpose of determining whether the provisions of this chapter and rules of the director have been complied with; and
(b) Compile data and submit reports as the director or county may require; and
(c) Implement enforcement action as outlined in this chapter; and
(d) Consult, advise and provide direction on matters pertaining to the most effective and most practical methods of noxious weed control; and
(e) Investigate or aid in the investigation and prosecution of any violation of the provisions of this chapter; and
(f) Make recommendations regarding establishment of cooperative weed management areas; and
(g) Participate on weed control advisory committees to develop and implement noxious weed control strategies for cooperative weed management areas, at the discretion of the county weed control authority.
[(22-2405) 1981, ch. 309, sec. 6, p. 639; am. 1987, ch. 331, sec. 5, p. 694; am. and redesignated 1989, ch. 298, sec. 5, p. 735; am. and redesig. 1993, ch. 247, sec. 6, p. 864; am. 1999, ch. 75, sec. 4, p. 216; am. 2006, ch. 225, sec. 4, p. 673; am. 2023, ch. 30, sec. 1, p. 148.]
(1) The county control authority is authorized to:
(a) Have noxious weeds controlled without cost to the landowner, notwithstanding any other provision of this chapter relating to payment of cost; and
(b) Quarantine any tract of land under its jurisdiction when it appears there is an infestation of noxious weeds beyond the ability of the landowner to control and put into immediate operation the required means for the control or containment of such noxious weeds including necessary destruction of crops; and
(c) Serve individual notice on the landowner and where possible on the operator of the land prior to the entry upon such land declaring a quarantine and specifying the date of the proposed entry and the proposed cost to the violator, and advise the same person of the completion of the control operation and the required reimbursement thereof. If the landowner is not known or readily available, notice shall be deemed satisfied after eight (8) days from postmark of registered mail to the address as shown on the assessment roll of the county; and
(d) Stop movement of noxious weed infested items. Such items shall not be moved from designated premises except in accordance with the written permission of the county control authority; and
(e) Purchase or provide for equipment and materials for the control of noxious weeds, independently or in combination with other control authorities, and use such equipment or materials upon any lands within the state; and
(f) Levy annually upon all taxable property of said county a tax for the control of noxious weeds to be collected and apportioned to the county noxious weed fund, which levy shall not exceed six hundredths percent (.06%) of the market value for assessment purposes of said property in said county; and
(g) Utilize any other methods or local options that may be available for the purpose of funding a coordinated noxious weed control program on the county level; and
(h) Use the noxious weed fund, which may be a revolving fund, only for noxious weed purposes. In addition to any appropriated funds designated for the control of noxious weeds, the county control authority shall have the power to receive and disburse funds from any source as a continuing appropriation at any time for the purpose of controlling noxious weeds; and
(i) Propose and accept plans for noxious weed control which may be extended over a period of years by agreement with the landowner. The agreement shall be a contract and the control authority shall have the power and duty to enforce the terms of any such agreement; and
(j) Propose, accept and implement integrated weed management plans developed by weed control advisory committees for control of noxious weeds in cooperative weed management areas; and
(k) Designate weeds, in addition to the state noxious weed list, as noxious within their county, but such additional species are not subject to provisions of the state noxious weed laws.
(2) The county weed superintendent is authorized to:
(a) Enter upon all lands within the county where there are noxious weeds to ascertain conditions, if a reasonable attempt has been made to contact the landowner and where possible the operator of the land prior to entry and there is probable cause for entry; and
(b) Stipulate items as requiring treatment to prevent dissemination of noxious weeds, in accordance with the applicable regulations.
[(22-2406), added 1970, ch. 149, sec. 14, p. 448; am. 1981, ch. 309, sec. 14, p. 647; am. 1987, ch. 331, sec. 13, p. 702; am. 1988, ch. 320, sec. 1, p. 979; 22-2453 redesignated 22-2482, 1989, ch. 298, sec. 13, p. 744; am. and redesig. 1993, ch. 247, sec. 8, p. 866; am. 1996, ch. 208, sec. 3, p. 660; am. 1996, ch. 322, sec. 3, p. 1031; am. 1999, ch. 75, sec. 5, p. 218.]
(1) It shall be the duty and responsibility of all landowners to control noxious weeds on their land and property, in accordance with this chapter and with rules promulgated by the director.
(2) The cost of controlling noxious weeds shall be the obligation of the landowner.
(3) Noxious weed control must be for prevention, eradication, rehabilitation, control or containment efforts. However, areas may be modified from the eradication requirement if the landowner is a participant in a county-approved weed management plan or county-approved cooperative weed management area.
(4) The landowner shall reimburse the county control authority for work done because of failure to comply with a five (5) day notice, as outlined in section 22-2405, Idaho Code.
(5) If an article is infested with noxious weeds, it shall not be moved from designated premises until it is treated in accordance with the applicable rules, or in accordance with the written permission of a control authority.
[(22-2407) 1970, ch. 149, sec. 2, p. 448; am. 1974, ch. 18, sec. 62, p. 364; am. 1981, ch. 309, sec. 3, p. 635; am. 1987, ch. 331, sec. 2, p. 691; am. and redesignated 1989, ch. 298, sec. 2, p. 731; am. and redesig. 1993, ch. 247, sec. 10, p. 867; am. 2006, ch. 225, sec. 5, p. 675.]
(1) If any person shall be dissatisfied with the amount of any charge made against it by a county control authority for control work or for the purchase of materials or use of equipment, he may, within thirty (30) days after being advised of the amount of the charge, file a protest with the director.
(2) If any person shall be dissatisfied with the control measures used or the manner in which control is conducted upon his property, he may, within thirty (30) days file a protest with the director.
(3) Any person served with an individual notice may, within two (2) days of receipt of the notice, appeal to the board of county commissioners. A hearing shall be set by the board of county commissioners within five (5) days after receipt of notice of the appeal. Notice of the hearing shall be sent by the board of county commissioners to the appellant.
(4) Other than the procedures specifically set out in this chapter, procedures for hearings thereon and appeals pertaining to this chapter shall be as provided in chapter 52, title 67, Idaho Code.
[(22-2408) 1970, ch. 149, sec. 13, p. 448; am. 1974, ch. 18, sec. 67, p. 364; am. 1981, ch. 309, sec. 13, p. 647; am. 1987, ch. 331, sec. 12, p. 702; am. and redesignated 1989, ch. 298, sec. 12, p. 743; am. and redesig. 1993, ch. 247, sec. 11, p. 868.]
(1) Any person who violates any provision of this chapter, or any rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with the control authority as defined in section 22-2402, Idaho Code, its agents or employees, in the execution, or on account of the execution of their duties under this chapter or rules promulgated hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than three thousand dollars ($3,000) or be imprisoned in a county jail for not more than twelve (12) months or be subject to both such fine and imprisonment.
(2) Any person who violates or fails to comply with any provision of this chapter or any rules promulgated hereunder may be assessed a civil penalty by the control authority of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney’s fees.
(a) Assessment of a civil penalty may be made in conjunction with any other administrative action.
(b) No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act.
(c) If the control authority is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the control authority, it may recover such amount by action in the appropriate district court.
(d) Any person against whom the control authority has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the control authority making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the control authority to have occurred.
(e) All civil penalties collected pursuant to this section shall be remitted to the applicable fund or account as defined in section 22-2402, Idaho Code.
(3) Nothing in this chapter shall be construed as requiring the control authority to report minor violations for prosecution when the control authority believes that the public interest will be best served by suitable warnings or other administrative action.
(4) The control authority may bring an action to enforce the provisions of this chapter, and the penalty provided for under this section.
[(22-2409) 1970, ch. 149, sec. 23, p. 448; am. 1974, ch. 18, sec. 68, p. 364; am. 1987, ch. 331, sec. 19, p. 704; am. and redesignated 1989, ch. 298, sec. 19, p. 746; am. and redesig. 1993, ch. 247, sec. 12, p. 868; am. 2006, ch. 225, sec. 6, p. 675.]
(1) Control agencies or authorities may appoint persons to a weed control advisory committee, who shall be persons knowledgeable of noxious weeds and the damage done by such weeds. The members of the advisory committee shall be residents of or landowners in one (1) of the counties included in the cooperative weed management area, and shall be appointed for renewable terms of two (2) years.
(2) It shall be the function of each weed control advisory committee to:
(a) Assist in planning and carrying out noxious weed control programs within or across county, state or federal boundaries as may be provided by cooperative agreement among the participating parties for control of noxious weeds in cooperative weed management areas; and
(b) Act as liaison to other weed control advisory committees; and
(c) Provide a forum for public input on matters relating to the control of noxious weeds.
(3) Members of the advisory committee may be reimbursed for actual and necessary expenses when on committee business. Expense payments may be made from the noxious weed fund.
(4) Advisory committees have no executive powers and act in an advisory capacity only.
[(22-2410) 1981, ch. 309, sec. 16, p. 649; am. 1987, ch. 331, sec. 15, p. 703;am. and redesignated 1989, ch. 298, sec. 15, p. 744; am. and redesig. 1993, ch. 247, sec. 13, p. 869; am. 1999, ch. 75, sec. 6, p. 219.]
The director of the department of agriculture may delegate in writing its authority, or any part thereof, under this chapter to any instrumentality or entity as an agent and servant of the state whose principal purpose is to establish and maintain a uniform and reasonable system of inspection and certification of crops, plants, plant parts or products thereof. Any agent designated hereunder shall be a servant of the state of Idaho and shall be acting in an official capacity for the state of Idaho and under the supervision of the director consistent with this chapter. The delegated instrumentality or entity as agent and servant of the state shall be an entity of the state of Idaho as provided in the tort claims act, chapter 9, title 6, Idaho Code. The control of noxious aquatic plants in the waters of state responsibility may be carried out under the general supervision of the department, county, local government, special district authority, or other public body.
[22-2411, added 1999, ch. 117, sec. 1, p. 351; am. 2006, ch. 225, sec. 7, p. 676.]
Fees may be charged by the certifying agency, under schedules set forth in rules of the department for certification of crops, plants, plant parts or products thereof under this chapter, but these fees shall have a reasonable relation to the cost, and may be used only for expenses in connection with inspection and certification and improvement of inspection and certification services.
[22-2412, added 1999, ch. 117, sec. 1, p. 352.]
The department shall not be financially responsible for debts incurred, damages inflicted, or contracts broken by the certifying agent in conducting certification work. The certifying agent shall be entitled to all the protections as provided in the tort claims act, chapter 9, title 6, Idaho Code.
[22-2413, added 1999, ch. 117, sec. 1, p. 352.]
The Idaho based bee industry has a need for inspections and certification in order to transport bees into other states for pollination; there is a further need to minimize the presence of bee pests and diseases within the state. Therefore, it is declared to be public policy of the state of Idaho to provide a qualified inspection service within the department of agriculture, to issue rules setting fees for such services and to take such action to control pests and diseases of bees as the resources provided under this chapter support.
[(22-2501) 22-2517, added 1987, ch. 96, sec. 2, p. 188; am. and redesig. 2006, ch. 86, sec. 1, p. 251.]
The following terms shall be construed respectively when used in this chapter to mean:
(1) "Apiary" means any place where one (1) or more colonies of bees are kept, or one (1) or more hives containing honey combs or bee combs are kept.
(2) "Bee diseases" means a condition of a colony of bees wherein sufficient numbers of individual bees or the colony as a whole are afflicted by or infested with bacterial, fungal, viral, parasitic, or other organisms to the extent that the well-being of the colony is affected. Specific diseases shall be determined by rule.
(3) "Bees" means any stage of common honey bee, Apis mellifera L.
(4) "Colony" means the hive and bees therein with or without extra supers.
(5) "Comb" means and includes all materials which are normally deposited into hives by bees. It does not include extracted honey or royal jelly, trapped pollen and processed beeswax.
(6) "Commercial beekeeper" means a person engaged in the management of honey bees for their products and for pollination services.
(7) "Director" means the director of the Idaho department of agriculture or his designated agent.
(8) "Equipment" means hives, supers, frames, veils, gloves or any apparatus, tools, machines or other devices used in the handling and manipulation of bees, wax and hives, and shall also include any containers for honey and wax which may be used in any apiary or in transporting bees and their products and apiary supplies.
(9) "Exotic strain of bees" means African or Africanized bees (Apis mellifera scutellata) or any other developed strain of bees known to be harmful, but not known to be present ordinarily in this state.
(10) "Hive" means frame, hive, box, barrel, log gum, skep, or any other receptacle or container, natural or artificial, or any part thereof, which may be used as a domicile for bees.
(11) "Hobbyist beekeeper" means a person engaged in the management of honey bees for pleasure and whose stock does not exceed fifty (50) colonies.
(12) "Persons" means individuals, associations, partnerships and corporations.
(13) "Queen apiary" means any apiary or premises in which queen bees are reared or kept for sale or gift.
[(22-2502) 22-2518, added 1963, ch. 305, sec. 2, p. 795; am. 1987, ch. 96, sec. 3, p. 188; am. 1991, ch. 224, sec. 1, p. 534; am. 1993, ch. 11, sec. 1, p. 37; am. 1994, ch. 18, sec. 1, p. 33; am. and redesig. 2006, ch. 86, sec. 2, p. 252.]
The director shall conduct such apiary inspections as may be required by Idaho beekeepers to transport bees to other jurisdictions. To ensure that the inspections are adequate, the director shall consult with the directors of the Idaho honey association or successor organizations, and with other persons knowledgeable in the science and art of beekeeping. The director shall establish by rule a schedule of fees for inspection work to be paid by the person requesting the inspection.
[(22-2503) 22-2519, added 1987, ch. 96, sec. 5, p. 189; am. and redesig. 2006, ch. 86, sec. 3, p. 252.]
When the director shall be notified of the existence in any apiary of a transmissible bee disease or exotic strain of bees, he shall conduct appropriate investigations to the extent that the resources provided by this chapter support. If the investigation establishes the presence of such transmissible disease or exotic strain of bees, the director may order abatement by methods which he shall prescribe. These methods may include destruction of the infested bees or exotic strain of bees and contaminated equipment. Infested colonies or other equipment may not be removed from the premises on which they are found without written permission of the director. The director may, by rule, establish tolerances of regulated bee diseases allowable in apiaries and establish a certification program for beekeepers in order to prevent and control the movement of exotic strains of bees into the state.
[(22-2504) 22-2520, added 1987, ch. 96, sec. 6, p. 189; am. 1993, ch. 11, sec. 2, p. 38; am. 1994, ch. 18, sec. 2, p. 34; am. and redesig. 2006, ch. 86, sec. 4, p. 253.]
Any owner or keeper of bees, knowing or being notified by the director of the existence of a bee disease in his apiary, who fails either to comply with the instructions of the director, designed to cure said disease, or to destroy the infected bees, hives or appliances, within the time designated by the director, is guilty of a misdemeanor.
[(22-2505) 22-2523, added 1963, ch. 305, sec. 7, p. 795; am. 1987, ch. 96, sec. 8, p. 190; am. and redesig. 2006, ch. 86, sec. 6, p. 253.]
The director shall have the right to enter the premises of any beekeeper where bees or equipment are kept, and inspect such bees or equipment, and any person resisting or refusing to allow such inspection shall be guilty of a misdemeanor.
[(22-2506) 22-2524, added 1963, ch. 305, sec. 8, p. 795; am. 1987, ch. 96, sec. 9, p. 190; am. and redesig. 2006, ch. 86, sec. 7, p. 253.]
This chapter shall not be construed to prevent the transportation across the Idaho state line of bees in hives, or bee supplies and equipment, between bee yards owned by, or under the control of a beekeeper registered pursuant to section 22-2510, Idaho Code. Bee colonies in transit through Idaho shall be netted while within the borders of Idaho and no such bees shall be off loaded in Idaho without full compliance of the laws.
[(22-2507) 22-2529, added 1963, ch. 305, sec. 13, p. 795; am. 1987, ch. 96, sec. 13, p. 191; am. 1990, ch. 414, sec. 1, p. 1148; am. and redesig. 2006, ch. 86, sec. 10, p. 254.]
The department shall make available to any pesticide applicator registered with the department, abatement or pest control district, or university of Idaho county agricultural extension office, a list of beekeepers registered with the department. The list shall include the names and telephone numbers of the beekeepers, the counties in which they keep bees, and any other information the department deems necessary to assist in the prevention of accidental poisoning of honeybees.
[22-2508, added 2006, ch. 86, sec. 12, p. 254; am. 2007, ch. 188, sec. 13, p. 553.]
All moneys received pursuant to the provisions of this chapter shall be paid to the state treasurer and kept by the state treasurer in a special and separate fund to be known as the "bee inspection special fund."
[(22-2509) 22-2532, added 1963, ch. 305, sec. 16, p. 795; am. and redesig. 2006, ch. 86, sec. 13, p. 254.]
(1) There is hereby levied upon each beekeeper maintaining colonies within the state of Idaho, or desiring to move bees into the state, an annual registration fee of ten dollars ($10.00) for up to fifty (50) colonies. Each additional colony in excess of the first fifty (50) colonies shall be assessed at the rate of ten cents (10¢) per colony. Hobbyist beekeepers are exempt from registration under this section.
(2) The registration fee assessed for colonies in excess of fifty (50) colonies may be increased to not more than twenty cents (20¢) per hive or colony per year, if approved by a majority of the beekeepers voting in a referendum held for the purpose of determining whether such levy of the registration fee shall or shall not be changed. If the levy of the registration fee is changed, the levy of the registration fee will continue annually at the changed rate until again changed by another referendum. Any resident of Idaho who is registered under this chapter as an Idaho beekeeper with the Idaho department of agriculture may vote at such referendum. Any referendum to be held for the purpose of changing the levy of such registration fee shall be held at the annual meeting of the Idaho honey industry association or any successor organization to this group.
(3) Said registration fee shall be a lien upon all apicultural products, equipment, bees and property of the person owning or controlling such bees and shall be prior to all other liens or encumbrances except liens which are declared prior by operation of the statutes of this state.
(4) Hives brought into the state for indoor winter storage prior to moving to another state for pollination or honey production are exempt from paying fees as provided for in this section. Provided however, registration shall be required and a minimum of the following information shall be supplied: location of the storage, approximate dates the hive or hives will be brought into and leave the state, name, address and telephone number of the owner of the bees, and name, address and telephone number of an in-state contact who will have knowledge of the hive or hives being stored in the state.
[(22-2510) 22-2536, added 1963, ch. 305, sec. 20, p. 795; am. 1970, ch. 135, sec. 2, p. 328; am. 1976, ch. 119, sec. 1, p. 459; am. 1990, ch. 414, sec. 2, p. 1149; am. 1991, ch. 224, sec. 2, p. 535; am. and redesig. 2006, ch. 86, sec. 14, p. 254; am. 2014, ch. 46, sec. 1, p. 122.]
It is hereby made the duty of the department of agriculture to make reasonable rules as necessary for or as an aid to the effectuation of any provision of this chapter, and to prepare and cause to be printed suitable forms for the proper administration of this chapter.
[(22-2511) 22-2538, added 1963, ch. 305, sec. 22, p. 795; am. and redesig. 2006, ch. 86, sec. 15, p. 255.]
(1) Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in the county jail for not less than three (3) months nor more than twelve (12) months or be subject to both such fine and imprisonment.
(2) Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than one hundred dollars ($100) for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected for violation of a rule shall be remitted to the agricultural inspection account.
(3) Any bees, colonies, equipment or hives, imported into this state by a nonresident person, in violation of any provision of this chapter shall be subject to seizure by the department. Any bees, colonies, equipment or hives found on any property without the permission of the landowner or not identified with the owner’s name, address, phone and registration numbers or found to be in violation of this chapter or rules adopted by the department, shall also be subject to seizure by the department. Any bees, colonies, equipment or hives not claimed and brought into compliance with the provisions of this chapter within ninety (90) days from the date of seizure may be sold at public auction by a sealed bid.
(4) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.
[(22-2512) 22-2539, added 1963, ch. 305, sec. 23, p. 795; am. 1991, ch. 224, sec. 3, p. 536; am. 1999, ch. 324, sec. 1, p. 832; am. and redesig. 2006, ch. 86, sec. 16, p. 255.]
Any individual who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with chapter 52, title 67, Idaho Code. The review may be obtained by filing in the district court within thirty (30) days following the action of the director a written petition praying that such action be set aside. A copy of such petition shall forthwith be delivered to the director and within thirty (30) days thereafter, the director shall certify and file in the district court of the area affected a transcript of any record pertaining thereto, including a transcript of evidence received at any hearing of referendum. The district court shall give notice by United States mail, to the director and to the petitioner or petitioners of the time and place at which the court will hear such petition, at which time any interested party may be heard. Upon completion of the hearing, the court shall affirm, set aside or modify the action of the director, except that the finding of the director as to the facts, if supported by substantial evidence, shall be conclusive.
[(22-2513) 22-2540, added 1991, ch. 224, sec. 4, p. 536; am. 2001, ch. 183, sec. 2, p. 615; am. and redesig. 2006, ch. 86, sec. 17, p. 256.]
In order to promote, foster and encourage the intelligent and orderly marketing of agricultural products through cooperation and to eliminate speculation and waste, and to make the distribution of agricultural products as direct as can be efficiently done between producer and consumer, and to stabilize the marketing problems of agricultural products, this chapter is passed.
[(22-2601) 1921, ch. 124, sec. 1, p. 298; I.C.A., sec. 22-2001.]
As used in this chapter:
a. The term "agricultural products" shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products;
b. The term "member" shall include actual members of associations without capital stock and holders of common stock in associations organized with capital stock;
c. The term "association" means any corporation organized under this chapter; and
d. The term "person" shall include individuals, firms, partnerships, corporations and associations.
Associations organized hereunder shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers.
Any instrument, or interest, which (a) qualifies its holder to be a member or patron of an association, or; (b) represents a patronage refund or other patronage allocation, which is part of a class issuable only to persons who deal in agricultural products or commodities with or obtain services from the association; or (c) represents the terms or conditions by which members or patrons purchase or sell agricultural products or commodities from, to, or through the association, (including any property right or interest in any arrangement to purchase or sell agricultural products, commodities or supplies between the association and its members or patrons) shall not be considered to be a security as used in title 30, chapter 14, Idaho Code, and shall not be subject to the provisions of said chapter.
The foregoing shall apply to any association operating as an agricultural cooperative, which is qualified to do business in the state of Idaho as an agricultural marketing association, and which possesses no greater powers than those provided such an association under this chapter.
This chapter shall be referred to as the "Cooperative Marketing Act."
[(22-2602) 1921, ch. 124, sec. 2, p. 298; I.C.A., sec. 22-2002; am. 1976, ch. 41, sec. 1, p. 89.]
Five (5) or more persons engaged in the production of agricultural products may form a nonprofit, cooperative association, with or without capital stock, under the provisions of this chapter.
[(22-2603) 1921, ch. 124, sec. 3, p. 298; I.C.A., sec. 22-2003.]
An association may be organized to engage in any activity in connection with the production, marketing or selling of the agricultural products of its members, or with the harvesting, preserving, drying, processing, canning, packing, storing, handling, shipping or utilization thereof, or the manufacturing or marketing of the by-products thereof; or in connection with the purchasing, manufacturing, selling or supplying to its members of machinery, equipment or supplies; or in the financing of the above enumerated activities; or in any one or more of the activities specified herein.
[(22-2604) 1921, ch. 124, sec. 4, p. 298; I.C.A., sec. 22-2004; am. 1933, ch. 212, sec. 1, p. 445.]
Every group of persons contemplating the organization of an association under this chapter, is urged to communicate with the department of agriculture, who will inform it whatever a survey of the marketing conditions affecting the commodities to be handled by the proposed association indicates regarding probable success.
[(22-2605) 1921, ch. 124, sec. 5, p. 298; I.C.A., sec. 22-2005.]
Each association incorporated under this chapter shall have the following powers:
a. To engage in any activity in connection with the production, marketing, selling, harvesting, preserving, drying, processing, canning, packing, storing, handling or utilization of any agricultural products produced or delivered to it by its members; or the manufacturing or marketing of the by-products thereof; or in connection with the purchasing, hiring, manufacturing, selling, or use to, by, or for its members of supplies, machinery or equipment; or in the financing of any such activities; or in any one or more of the activities specified in this section. An association may do business with nonmembers in an amount not to exceed that done with members.
b. To borrow money and to make advances to members.
c. To act as the agent or representative of any member or members in any of the above-mentioned activities.
d. To purchase or otherwise acquire, and to hold, own and exercise all rights of ownership in, and to sell, transfer, or pledge shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the handling or marketing of any of the products handled by the association.
e. To establish reserves and to invest the funds thereof in bonds or such other property as may be provided in the bylaws.
f. To buy, hold and exercise all rights of ownership, over such real or personal property as may be necessary or convenient for the conducting and operation of any of the business of the association or incidental thereto.
g. To do each and every thing necessary, suitable or proper for the accomplishment of any one of the purposes or the attainment of any one or more of the objects herein enumerated; or conducive to or expedient for the interest or benefit of the association; and to contract accordingly; and in addition to exercise and possess all powers, rights and privileges necessary or incidental to the purposes, for which the association is organized or to the activities in which it is engaged; and in addition, any other rights, powers and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions of this chapter; and to do any such thing anywhere.
[(22-2606) 1921, ch. 124, sec. 6, p. 298; am. 1923, ch. 179, sec. 1, p. 279; I.C.A., sec. 22-2006; am. 1933, ch. 212, sec. 2, p. 445.]
a. Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock, only to persons engaged in the production of agricultural products to be handled by or through the association, or to agricultural producers using supplies handled by or through the association organized for that purpose, including the lessees and tenants of land used for the production of such products and any lessors and landlords who receive as rent part of the crop raised on the leased premises.
b. If a member of a nonstock association be other than a natural person, such member may be represented by any individual, associate, officer or member thereof, duly authorized in writing.
c. One association organized hereunder may become a member or stockholder of any other association or associations, organized hereunder.
[(22-2607) 1921, ch. 124, sec. 7, p. 298; I.C.A., sec. 22-2007; am. 1933, ch. 212, sec. 3, p. 445.]
Each association formed under this chapter must prepare and file articles of incorporation, setting forth:
(1) The name of the association.
(2) The purpose for which it is formed.
(3) The address of its initial registered office and the name of its initial registered agent at such address.
(4) The term for which it is to exist, which may be perpetual.
(5) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the articles shall set forth the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and the association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This provision of the articles of incorporation shall not be altered, amended or repealed except by the written consent or the vote of a majority of the members.
(6) If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted and the nature and extent of the preference and the privileges granted to each.
(7) The names and addresses of the persons who are to serve as directors until the first annual meeting of the members or stockholders or until their successors be elected and qualify.
The articles must be subscribed by the incorporators and shall be filed in accordance with the provisions of the general corporation law of the state; and when so filed the said articles of incorporation, or certified copies thereof, shall be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein, and of the due incorporation of such association.
[(22-2608) 1921, ch. 124, sec. 8, p. 298; am. 1929, ch. 246, sec. 1, p. 501; I.C.A., sec. 22-2008; am. 1980, ch. 76, sec. 1, p. 158; am. 2004, ch. 106, sec. 1, p. 381.]
The articles of incorporation may be altered or amended in any respect, including increases or decreases in capital stock, at any regular meeting or at any special meeting called for that purpose. An amendment must first be approved by two-thirds (2/3) of the directors and then adopted by the affirmative vote of two-thirds (2/3) of the members or stockholders of the association present at such meeting, except as otherwise provided in section 22-2608, and provided that a quorum as specified in the by-laws of the association be present. Amendments of the articles of incorporation, when so adopted shall be filed in accordance with the provisions of the general corporation law of this state.
[(22-2609) 1921, ch. 124, sec. 9, p. 298; am. 1929, ch. 246, sec. 2, p. 501; I.C.A., sec. 22-2009.]
Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with the powers granted by this chapter. A majority vote of the members or stockholders, or their written assent, is necessary to adopt such bylaws. Each association under its bylaws may, also, provide for any or all of the following matters:
a. The time, place and manner of calling and conducting its meetings.
b. The number of stockholders or members constituting a quorum.
c. The right of members or stockholders to vote by proxy or by mail or by both, and the conditions, manner, form, and effects of such votes.
d. The number of directors thereof, which must not be less than five (5) and may be any number in excess thereof, the term of office of such directors and the number of directors constituting a quorum.
e. The qualifications, compensation and duties and term of office of directors and officers; time of their election and the mode and manner of giving notice thereof.
f. Penalties for violations of the bylaws.
g. The amount of entrance, organization and membership fees, if any; the manner and method of collection of the same, and the purposes for which they may be used.
h. The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services rendered by the association to him and the time of payment and the manner of collection; and the marketing contract between the association and its members or stockholders which every member or stockholder may be required to sign.
i. The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; the method, time and manner of permitting members to withdraw or the holders of common stock to transfer their stock; the manner of assignment and transfer of the interest of members, and of the shares of common stock; the conditions upon which, and time when membership of any member shall cease. The automatic suspension of the rights of a member when he ceases to be eligible to membership in the association, and mode, manner and effect of the expulsion of the member; manner of determining the value of a member’s interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder, or upon the expulsion of a member of forfeiture of his membership, or, at the option of the association, by conclusive appraisal by the board of directors. In case of the withdrawal or expulsion of a member the board of directors shall make certain that the capital furnished by such terminated member is correctly recorded on the books of the corporation in direct relationship to his patronage and such terminated member shall be notified of such interest by payment in money or issuance of stock in the association or issuance of such other evidence of the capital interest as the bylaws of the association may permit or any combination of the foregoing; within one (1) year after such expulsion or withdrawal.
This act is intended to permit the association to establish and accumulate reasonable reserves and surplus funds and to abolish the same; also to create, maintain, and terminate revolving funds or other similar funds; to utilize a revolving fund method of financing, or such other methods as may be prudent and compatible with agricultural cooperative organizations; in the manner as provided for in the bylaws of the association.
The interest of an existing or former member in the association’s capital reserve or equity accounts is an equity interest and not a debt, and is revolvable in the manner defined in the bylaws and subject to the restrictions defined therein. The issuance of notices of allocation and/or of equity reserve balances, or any other form sufficient to place the existing or former member on notice of his equity interest in the association shall satisfy the recording, appraisal, notification and/or payment requirement hereinabove set forth or as set forth in the bylaws. Revolving of capital reserve or equity accounts shall be at the discretion of the board of directors and the bylaws may specifically so provide.
Non-equity obligations will be paid according to their terms.
Obligations such as checks or drafts issued by the association to the patron, credits in a capital reserve or equity account called for revolving by the board of directors of the association, remaining uncashed or unclaimed at the expiration of the period of five (5) years after the issuance, call for payment, or stated maturity date thereof, shall be deemed, if authorized by the bylaws and at the direction of the board of directors, transferred, as a contribution, to the capital fund of the association, this being an exception to chapter 5, title 14, Idaho Code.
The bylaws of any association incorporated under this chapter may be altered or amended at any regular meeting or at any special meeting of the members or stockholders thereof called for that purpose by the affirmative vote of two-thirds (2/3) of the members or stockholders present at such meeting: provided, that a quorum as specified in the bylaws of the association be present: and, provided further, that where the bylaws of said association authorize voting by mail and a mail vote pursuant to such bylaws is taken on the question of altering or amending such bylaws, the affirmative vote of a majority of all members or stockholders voting on such question shall be required.
[(22-2610) 1921, ch. 124, sec. 10, p. 298; am. 1929, ch. 246, sec. 3, p. 501; I.C.A., sec. 22-2010; am. 1986, ch. 4, sec. 1, p. 42; am. 1991, ch. 163, sec. 1, p. 391.]
In its bylaws each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time, and ten per cent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting: provided, however, that the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.
[(22-2611) 1921, ch. 124, sec. 11, p. 298; I.C.A., sec. 22-2011.]
(1) The affairs of the association shall be managed by a board of not less than five (5) directors, elected by the members or stockholders from their own number. The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to such districts. In such a case, the bylaws shall specify the number of directors to be elected by each district, the manner and method of reapportioning the directors and of redistricting the territory covered by the association. The bylaws may provide that primary elections should be held in each district to elect the directors apportioned to such districts and the result of all such primary elections must be ratified by the next regular meeting of the association.
(2) The bylaws may provide that one (1) or more directors may be appointed by the department of agriculture or any other public official or commission. The director or directors so appointed need not be members or stockholders of the association, but shall have the same powers and rights as other directors.
(3) An association may provide a fair remuneration for the time actually spent by its officers and directors in its service. No director, during the term of his office, shall be a party to a contract for a profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association, or to any other kind of contract differing from terms generally current in that district.
(4) When a vacancy on the board of directors occurs, other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for an election of directors by district. In such a case, the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.
[(22-2612) 1921, ch. 124, sec. 12, p. 298; I.C.A., sec. 22-2012; am. 2024, ch. 16, sec. 6, p. 139.]
The directors shall elect from their number a president and one (1) vice-president. They shall, also, elect a secretary and treasurer, who need not be directors, and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer. The treasurer may be a bank or any depositary, and as such shall not be considered as an officer but as a function of the board of directors. In such case the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as authorized by the board of directors. They shall also elect such additional vice-presidents and other officers as may be provided for in the bylaws of the association, and such additional vice-presidents or other officers need not be directors or members of the association.
[(22-2613) 1921, ch. 124, sec. 13, p. 298; am. 1929, ch. 246, sec. 4, p. 501; I.C.A., sec. 22-2013.]
(1) When a member of an association established without capital stock, has paid his membership fee in full, he shall receive a certificate of membership.
(2) No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the members’ right to vote.
(3) Except for debts lawfully contracted between him and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee or his subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof.
(4) No stockholder of a cooperative association shall own more than one-twentieth (1/20) of the issued common stock of the association; and an association, in its bylaws, may limit the amount of common stock which one (1) member may own to any amount less than one-twentieth (1/20) of the issued common stock.
(5) Any association organized with stock under this act may issue preferred stock, with or without the right to vote. Such stock may be redeemable or retirable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate.
(6) The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of the agricultural products handled by the association, and such restrictions must be printed upon every certificate of stock subject thereto.
(7) The bylaws shall require that any association organized under this act satisfies the following requirements:
(a) Operate for the mutual benefit of the members thereof, as producers;
(b) Not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members; and
(c) Conform to one (1) or both of the following:
(i) That no member of the association is allowed more than one (1) vote because of the amount of stock or membership capital he may own therein; or
(ii) That the association does not pay dividends on stock or membership capital in excess of eight percent (8%) per annum.
(8) The association may, at any time, except when the debts of the association exceed fifty per cent (50%) of the assets thereof, buy in or purchase its common stock at book value thereof as conclusively determined by the board of directors and pay for it in cash within one (1) year thereafter.
[(22-2614) 1921, ch. 124, sec. 14, p. 298; I.C.A., sec. 22-2014; am. 2019, ch. 49, sec. 1, p. 134.]
Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by ten percent (10%) of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The director or officer against whom such charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against him shall have the same opportunity.
In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty percent (20%) of the members residing in the district from which he is elected. The board of directors must call a special meeting of the members residing in that district to consider the removal of the director. By a vote of the majority of the members of that district, the director in question shall be removed from office.
[(22-2615) 1921, ch. 124, sec. 15, p. 298; I.C.A., sec. 22-2015.]
Upon demand of one-third (1/3) of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting: provided, however, that a special meeting may be called for the purpose.
[(22-2616) 1921, ch. 124, sec. 16, p. 298; I.C.A., sec. 22-2016.]
The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association or any facilities to be created by the association. The contract may provide that the association may sell or resell the products of its members, with or without taking title thereto; and pay over to its members the resale price, after deducting all necessary selling, overhead and other costs and expenses, and reserves for retiring the stock, if any; and other proper reserves; and interest upon common stock.
The bylaws and the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of products; and may further provide that the member will pay all costs, premiums for bonds, expenses and fees in case any action is brought upon the contract by the association; and any such provisions shall be valid and enforceable in the courts of this state.
In the event of any such breach or threatened breach of such marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract, and to a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member.
[(22-2617) 1921, ch. 124, sec. 17, p. 298; I.C.A., sec. 22-2017; am. 2019, ch. 49, sec. 2, p. 135.]
Whenever an association organized hereunder with preferred capital stock, shall purchase the stock or any property, or any interest in any property of any person, firm, or corporation or association, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred capital stock to an amount which at par value would equal a fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.
[(22-2618) 1921, ch. 124, sec. 18, p. 299; I.C.A., sec. 22-2018.]
Any provisions of law which are in conflict with this chapter shall not be construed as applying to the associations herein provided for.
[(22-2620) 1921, ch. 124, sec. 20, p. 298; I.C.A., sec. 22-2020.]
An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock, and engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling of the agricultural products handled by the association, or the by-products thereof. If such corporations are warehousing corporations, they may issue legal warehouse receipts to the association or to any other person and such legal warehouse receipts shall be considered as adequate collateral to the extent of the current value of the commodity represented thereby. In case such warehouse is licensed and bonded under the laws of this state or the United States, its warehouse receipt shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.
[(22-2621) 1921, ch. 124, sec. 21, p. 298; I.C.A., sec. 22-2021.]
Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements and contracts, and arrangements with any other cooperative corporation, association or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business, or any part or parts thereof. Any two (2) or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same methods, means and agencies for carrying on and conducting their respective businesses.
[(22-2622) 1921, ch. 124, sec. 22, p. 298; I.C.A., sec. 22-2022.]
A consolidation or merger of associations organized hereunder shall be effective if the agreement therefor is approved by a two-thirds (2/3) vote of those present and voting at a regularly called meeting of members, providing notice of the substance of the proposed agreement is in the notice of meeting, and provided further, a quorum is present as provided by the bylaws of each organization voting upon such consolidation or merger. The members of the associations may vote by mail if permitted by the bylaws of said voters’ associations, but not by proxy, and the votes by mail shall also be considered in determining the quorum. The failure of any member to vote or a negative vote on consolidation or merger as provided herein shall not entitle those failing to vote or voting in the negative to payment for his shares or other interests or have the value of his shares or other interests appraised, but said members shares or other interests shall be transferred to and invested in the surviving or new corporation without further act or deed.
[I.C., sec. 22-2622A, as added by 1963, ch. 42, sec. 1, p. 191.]
Any corporation or association organized under previously existing statutes, may by a majority vote of its stockholders or members be brought under the provisions of this chapter by limiting its membership and adopting the other restrictions as provided herein. It shall make out in duplicate a statement signed and sworn to by its directors, upon forms supplied by the corporation commissioner, to the effect that the corporation or association has by a majority vote of its stockholders or members decided to accept the benefits and be bound by the provisions of this chapter. Articles of incorporation shall be filed as required in section 22-2608, except that they shall be signed by the members of the board of directors. The filing fee shall be the same as for filing an amendment to articles of incorporation.
[(22-2623) 1921, ch. 124, sec. 23, p. 298; I.C.A., sec. 22-2023.]
Any person or persons or any corporation whose officers or employees knowingly induces or attempts to induce any member or stockholder of an association organized hereunder to breach his marketing contract with the association, or who maliciously and knowingly spreads false reports about the finances or management thereof shall be guilty of a misdemeanor and subject to a fine of not less than $100 and not more than $500 for such offense and shall be liable to the association aggrieved in a civil suit in the penal sum of $500 for each offense.
[(22-2624) 1921, ch. 124, sec. 24, p. 298; I.C.A., sec. 22-2024.]
If any section of this chapter shall be declared unconstitutional for any reason, the remainder of the chapter shall not be affected thereby.
[(22-2625) 1921, ch. 124, sec. 25, p. 298; I.C.A., sec. 22-2025.]
The provisions of the general corporation laws of this state as they apply to nonprofit corporations, and all powers and rights thereunder, shall apply to the associations organized hereunder, except where such provisions are in conflict with or inconsistent with the express provisions of this chapter.
[(22-2626) 1921, ch. 124, sec. 26, p. 298; I.C.A., sec. 22-2026; am. 1978, ch. 308, sec. 1, p. 772.]
When the board of directors of an association shall consist of five (5) or more members, in lieu of electing the whole number of directors annually, the articles of incorporation or by laws may provide that the directors be divided into either two (2) or three (3) classes, each class to be as nearly equal in number as possible, the term of office of directors of the first class to expire at the first annual meeting of members after their election, that of the second class to expire at the second annual meeting after their election, and that of the third class, if any, to expire at the third annual meeting after their election. At each annual meeting after such classification the number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the second succeeding annual meeting, if there be two (2) classes, or until the third succeeding annual meeting, if there be three (3) classes. No classification of directors shall be effective prior to the first annual meeting of members.
[22-2627, added 1980, ch. 127, sec. 1, p. 286.]
The state controller is hereby authorized and directed to draw his warrant in favor of the counties to whom payment should be made pursuant to the Act of Congress of July 24, 1946 (60 Stat. 642, 33 U.S.C.A. 701-C-3) and forward the same to the treasurer of the county to which such funds are allocated under the terms of the aforementioned federal statute, to be by the treasurer of said county deposited in the public school fund of said county.
[22-2714, added 1953, ch. 157, sec. 1, p. 252; am. 1994, ch. 180, sec. 19, p. 434.]
This act may be known and cited as the soil conservation district law.
[22-2715, added 1957, ch. 218, sec. 1, p. 476.]
(1) It is the determination of the state of Idaho that:
(a) Forest lands, rangelands and agricultural lands maintained in a healthy condition are a legitimate land use contributing to the economic, social and environmental well-being of the state and its citizens;
(b) It is essential to the general welfare of all citizens of this state that multiple use conservation improvements be implemented on a broader scale on both public and private lands;
(c) Due to numerous economic and practical issues relating to the improvements of individual tracts of land, both public and private resource conservation improvements, projects and programs of the nature contemplated by this chapter would enhance the economic productivity and environmental quality of the state; and
(d) It is sound public policy for the state of Idaho to provide for accounts to finance loans, grants, cost-share funding and tax incentives to the end that forest lands, rangelands and agricultural lands within the state can provide the greatest benefit to all concerned.
(2) It is the intent of the state of Idaho to provide a means by which funds, including federal, state, private and other moneys, can be obtained and utilized for the accelerated development of water quality programs, multiple use forest land, rangeland, and agricultural land conservation improvements in the state, and to provide that these improvements, projects and programs be locally planned, coordinated and implemented through statutory provisions pertaining to soil conservation districts, the state soil and water conservation commission, appropriate state and federal agencies and the owners and operators of privately owned lands.
(3) It is in the best interest of the state of Idaho:
(a) To emphasize nonregulatory, science-based technical assistance, incentive-based financial programs and informational and educational programs at the local level;
(b) To maintain, preserve, conserve and rehabilitate forest lands, rangelands and agricultural lands to assure the protection and productivity of the state’s natural resources;
(c) That soil conservation districts, as governmental subdivisions, and the state soil and water conservation commission, as a state agency, are the primary entities to provide assistance to private landowners and land users in the conservation, sustainment, improvement and enhancement of Idaho’s natural resources;
(d) To establish policies for cooperative working relationships between local soil conservation districts, the state soil and water conservation commission, local, state and federal agencies and public and private groups to plan, develop and implement conservation goals and initiatives with local landowners and land users;
(e) That soil conservation districts and the state soil and water conservation commission lead nonregulatory efforts to conserve, sustain, improve and enhance Idaho’s private and state lands and to provide assistance to private landowners and land users to plan, develop and implement conservation plans addressing soil, water, air, plant and animal resources. Technical, financial and educational assistance to landowners and land users is vital to that effort; and
(f) That the state soil and water conservation commission provide support to soil conservation districts in the wise use and enhancement of soil, water and related resources.
(4) It is the policy of the state of Idaho:
(a) To provide appropriate tax policies and program mechanisms that provide incentives for private landowners and land users to voluntarily manage forest lands, rangelands and agricultural lands in a manner that promotes conservation;
(b) That the health, safety and general welfare of the people of this state can be greatly enhanced by providing nonregulatory opportunities to landowners and land users in order to increase the ability of such landowners and land users to readily understand and plan for local, state and federal natural resource requirements and opportunities through technological innovation and processes;
(c) To enhance natural resource productivity in order to promote a strong natural resource sector, reduce unintended adverse effects of resource development and use, protect individual and community health and safety and encourage stewardship;
(d) That conservation plan implementation shall include best management practices implemented according to the standards and specifications developed by the United States department of agriculture natural resources conservation service (NRCS) as designated by the agricultural pollution abatement plan. Those practices shall include, but not be limited to: irrigation water management systems; prescribed grazing; forest stand improvement; establishment of grass, trees and shrubs to reduce wind and water erosion; promotion of sound community development; protection of water and air resources from agricultural nonpoint sources of impairment; maintenance, restoration or enhancement of wetlands and fish and wildlife habitat; protection of upstream watersheds from flood risk; and protection of watersheds from the effects of chronic water shortages and risks; and
(e) That all conservation programs authorized pursuant to this chapter shall deliver services fairly and equitably, strengthen the conservation district delivery system, provide timely science-based information and provide conservation information and educational programs and experiences to youth and adults.
[22-2716, added 2003, ch. 107, sec. 2, p. 335; am. 2010, ch. 279, sec. 1, p. 719.]
Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:
(1) "Administrator" means the administrator for the Idaho state soil and water conservation commission.
(2) "Agency" includes the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state.
(3) "Agricultural pollution abatement plan" or "ag plan" means the document developed by the state soil and water conservation commission and approved by the commission and the department of environmental quality, that provides appropriate technical, programmatic, informational and educational processes, guidelines and policies for addressing agricultural pollution.
(4) "Best management practices" or "BMPs" means practices, techniques, or measures developed or identified by the designated agency and identified in the state water quality management plan which are determined to be a cost-effective and practicable means of preventing or reducing pollutants generated from nonpoint sources to a level compatible with water quality goals.
(5) "Commission" or "state soil and water conservation commission" means the agency created in section 22-2718, Idaho Code.
(6) "Conservation plan" means a description of identified natural resource issues and a specific schedule of implementation of component practices necessary to resolve those specific resource issues as agreed upon by the landowner.
(7) "Designated agency" is as defined in section 39-3602, Idaho Code.
(8) "District," "conservation district," "soil conservation district," or "soil and water conservation district" means a governmental subdivision(s) of this state, and a public body corporate and politic, organized in accordance with the provisions of this chapter, for the purposes, with the powers and subject to the restrictions hereinafter set forth.
(9) "Due notice" means notice published at least twice, with an interval of at least seven (7) days between the two (2) publication dates, in a newspaper or other publication of general circulation within the appropriate area, or if no such publication of general circulation be available, by posting at a reasonable number of conspicuous places within the appropriate area, such posting to include, where possible, posting at public places where it may be customary to post notices concerning county or municipal affairs generally. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjournment dates.
(10) "Eligible applicant" means an individual agricultural owner, operator, partnership, corporation, conservation district, irrigation district, canal company or other agricultural or grazing interest.
(11) "Government" or "governmental" includes the government of this state, the government of the United States, and any subdivisions, agency, or instrumentality, corporate or otherwise, of either of them.
(12) "Landowner" or "owner" includes any person, firm, or corporation who shall hold title to any lands lying within a district organized under the provisions of this chapter. A buyer on contract, who is the occupier of land, shall be construed as landowner.
(13) "Land user" means any entity with a lease, permit or similar business agreement with a landowner to implement, manage or utilize such land for activities related to use of the land.
(14) "Natural resources conservation service" or "NRCS" means the agency governed by the provisions of 16 U.S.C. sections 590a through 590d and 590f.
(15) "Nominating petition" means a petition filed under the provisions of section 22-2721, Idaho Code, to nominate candidates for the office of supervisor of a soil conservation district.
(16) "Participant" means an individual agricultural owner, operator, partnership, private corporation, conservation district, irrigation district, canal company, or other agricultural or grazing interest approved by the commission or an individual agricultural owner, operator, partnership, or private corporation approved for implementation of conservation improvements, projects, or the water quality program for agriculture.
(17) "Project sponsor" means a conservation district, irrigation district, canal company, or other agricultural or grazing interest, as determined appropriate by the commission, that enters into a conservation improvement or water quality project agreement with the commission.
(18) "Qualified elector" means any person who is qualified to vote pursuant to the requirements of section 34-104, Idaho Code.
(19) "Riparian land" means the beds of streams, the adjacent vegetation communities and the land thereunder, which are predominately influenced by their association with water and are privately owned.
(20) "Specifications" means the materials, operations and procedures necessary to obtain the desired standards of construction and installation.
(21) "Standards" means the minimum limits of technical excellence of a component practice for its planning, design and construction.
(22) "State" means the state of Idaho.
(23) "Supervisor" means one (1) of the members of the governing body of a district elected or appointed in accordance with the provisions of this chapter.
(24) "Total maximum daily load" is as defined in section 39-3602, Idaho Code.
(25) "United States" or "agencies of the United States" includes the United States of America, the natural resources conservation service of the United States department of agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.
[22-2717, added 1957, ch. 218, sec. 3, p. 476; am. 1982, ch. 254, sec. 1, p. 646; am. 1995, ch. 118, sec. 7, p. 429; am. 1997, ch. 180, sec. 2, p. 500; am. 2000, ch. 160, sec. 2, p. 406; am. 2003, ch. 107, sec. 3, p. 336; am. 2010, ch. 279, sec. 2, p. 721; am. 2022, ch. 271, sec. 1, p. 870; am. 2026, ch. 56, sec. 2, p. 246.]
(1) There is hereby established and created in the department of water resources of the state of Idaho the Idaho state soil and water conservation commission which shall perform all functions conferred upon it by this chapter and shall be a nonregulatory agency.
(a) The commission shall consist of seven (7) members appointed by the governor from divisions of the Idaho association of soil conservation districts as follows: one (1) member from division I, one (1) member from division II, one (1) member from division III, one (1) member from division IV, one (1) member from division V, one (1) member from division VI, and one (1) at-large member appointed at the governor’s discretion.
(b) Commission members shall be chosen with due regard to their demonstrated expertise, including knowledge of conservation districts and their functions, knowledge of production agriculture, knowledge of banking or other similar financial experience, or experience as a county commissioner.
(c) Commissioners serving on July 1, 2022, will be assigned to the divisions that they would represent. On July 1, 2022, current commissioners, at the will of the governor, will be reappointed to the position representing the divisions in which they live.
(d) For divisions that have vacant positions, or divisions with no current commissioner residing there, the division shall submit a list of up to three (3) names for each open commission position. The governor shall appoint commission seats from the list submitted.
(e) The term of each commissioner shall be for five (5) years, with the ability to serve two (2) terms; except that on July 1, 2022, the terms of each commission position will be reset: The term of the commissioners from districts I and IV will be set for two (2) years. The term of the commissioners from districts II and V will be set for three (3) years. The term of the commissioners from districts III and VI and the at-large commissioner will be set for four (4) years. From and after the initial appointment or reappointment, commissioners may serve two (2) full terms of five (5) years, in addition to their initial appointment. From and after the initial appointment, the corresponding division shall provide the list of three (3) names to the governor to choose from on or before July 1 of each year with a vacancy.
(f) Each vacancy on the commission shall be filled by appointment by the governor following the guidelines set forth in this subsection. A vacancy that occurs in an unexpired term shall also be filled for its remainder by the governor’s appointment following the guidelines set forth in this subsection. Each commissioner appointed to fill an unexpired term may serve the length of the unexpired term and be eligible to be reappointed for an additional two (2) full terms.
(g) All appointments shall be confirmed by the senate. Commission members shall serve at the pleasure of the governor. The commission may invite the state conservationist of the United States department of agriculture natural resources conservation service, the dean of the university of Idaho college of agricultural and life sciences or his designated representative, or any other person or entities the commission deems appropriate to serve as nonvoting advisory members of the commission. The commission shall keep a record of its official actions, shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules as may be necessary for the execution of its functions under this chapter.
(2) The state soil and water conservation commission shall appoint the administrator of the state soil and water conservation commission. The state soil and water conservation commission may employ such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The commission may call upon the attorney general of the state for such legal services as it may require. It shall have authority to delegate to its chairman, to one (1) or more of its members, or to one (1) or more agents or employees, such powers and duties as it may deem proper. The commission may establish offices, incur expenses, enter into contracts and acquire services and personal property as may be reasonable for the proper administration and enforcement of this chapter. Upon request of the commission, for the purpose of carrying out any of its functions, the supervising officer of any state agency, or of any state institution of learning, shall insofar as may be possible under available appropriation, and having due regard to the needs of the agency to which the request is directed, assign or detail to the commission members of the staff or personnel of such agency or institution of learning, and make such special reports, surveys or studies as the commission may request.
(3) The commission shall designate its chairman, and may from time to time, change such designation. A majority of the commission shall constitute a quorum and the concurrency of a majority in any matter within their duties shall be required for its determination. The chairman and members of the commission shall be compensated as provided by section 59-509(h), Idaho Code. The commission shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, and orders issued or adopted; and shall provide for a periodic management review of the accounts of receipts and disbursements as determined by the legislative auditor pursuant to section 67-702, Idaho Code.
(4) In addition to the duties and powers hereinafter conferred upon the state soil and water conservation commission, it shall have the following responsibilities:
(a) To offer such assistance as may be appropriate to the supervisors of soil conservation districts in the carrying out of any of their powers and programs.
(b) To keep the supervisors of each of the several soil conservation districts informed of the activities and experience of all other soil conservation districts and to facilitate an interchange of advice and experience between such districts and cooperation between them.
(c) To coordinate the progress of the several soil conservation districts so far as this may be done by advice and consultation.
(d) To secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state, in the work of such districts.
(e) To disseminate information throughout the state concerning the activities and programs of the soil conservation districts in areas where their organization is desirable.
(5) In addition to other powers, functions and duties of soil conservation districts and the state soil and water conservation commission provided in this chapter, the commission shall have the following additional powers, functions and duties:
(a) The commission shall conduct, in cooperation with appropriate federal and state agencies and the owners and operators of privately owned forest lands, rangelands and agricultural lands in this state, conservation improvements on or in respect to these lands for the purposes of implementing conservation systems to conserve and improve natural resource conditions;
(b) The commission shall assist and advise soil conservation districts and other entities in implementing the conservation improvements, projects and the water quality program for agriculture. To the extent that there are available general funds, the commission shall provide for grants and cost-share opportunities and, as legislatively designated, utilize the resource conservation and rangeland development fund for loans for conservation improvements. Provided however, that the commission shall determine whether general or resource conservation and rangeland development funds are available before approving any conservation improvements, projects and cost-share opportunities and, after having made such determination, shall enter into the necessary contracts for implementation;
(c) The commission shall be the agency responsible for the administration of funds accruing to the resource conservation and rangeland development fund and for all general funds appropriated as a separate and distinct action of the legislature to implement the powers, functions and duties of soil conservation districts and the commission;
(d) On or before March 1 of each year, the commission shall report to the senate agricultural affairs committee and the house agricultural affairs committee; and
(e) The commission shall promulgate such rules as are necessary to carry out the purposes of this chapter.
[22-2718, added 1957, ch. 218, sec. 4, p. 476; am. 1967, ch. 28, sec. 1, p. 48; am. 1971, ch. 100, sec. 1, p. 215; am. 1974, ch. 17, sec. 2, p. 308; am. 1980, ch. 247, sec. 10, p. 588; am. 1989, ch. 109, sec. 1, p. 250; am. 1997, ch. 180, sec. 3, p. 501; am. 2000, ch. 160, sec. 3, p. 407; am. 2003, ch. 107, sec. 4, p. 339; am. 2010, ch. 279, sec. 3, p. 723; am. 2015, ch. 141, sec. 33, p. 408; am. 2017, ch. 130, sec. 1, p. 304; am. 2022, ch. 271, sec. 2, p. 872; am. 2026, ch. 56, sec. 3, p. 248; am. 2026, ch. 58, sec. 1, p. 251.]
(1) Petitions for consolidating two (2) or more existing districts or for deleting territory from one (1) or more existing districts and adding the deleted territory to one (1) or more existing districts or incorporating the deleted territory into a new district or districts may be filed with the state soil and water conservation commission on such forms as may be prescribed by the state soil and water conservation commission.
(2) The petitions provided for in subsection (1) of this section shall be signed by twenty-five (25) landowners in the area proposed to be consolidated or the area proposed to be deleted plus the district or districts to which it is to be added or the territory which is to be included in a new district or districts, as the case may be. Provided however, if two-thirds (2/3) of the landowners of all such territory total less than twenty-five (25), then such lesser number of signatures will suffice for the petition.
(3) Within thirty (30) days after receipt of such a petition, the state soil and water conservation commission shall cause due notice of hearing on the matter to be given in all of the areas concerned.
(4) At the close of the hearing, the state soil and water conservation commission shall make and record the following determinations:
(a) Whether or not, in the opinion of the commission, the proposal set forth by the petition would serve the public health, safety and welfare.
(b) Whether or not, in the opinion of the commission, the proposal set forth by the petition is administratively practicable and feasible.
(5) If either or both of the determinations made under subsection (4) of this section are in the negative, the matter is closed. Provided however, after six (6) months have expired from the date of such determination, a new petition may be filed involving substantially the same proposals.
(6) If both of the determinations made under subsection (4) of this section are in the affirmative and if the proposal involves the consolidation of two (2) or more existing districts or if the proposal involves the deletion of territory from one (1) or more districts and the addition of that territory to another existing district or districts, then the commission shall proceed to effect the change as per the commission’s determinations hereinbefore referred to. The state soil and water conservation commission shall effect the change by filing with the secretary of state a sworn statement of a member of the commission stating:
(a) The name of the district or districts which are consolidated, if any;
(b) The name of the district or districts from which the territory is deleted or added, if any; and
(c) A description of the boundaries of the consolidated district or of the territory remaining in the district or districts deleted from and the district or districts added to, according to the commission’s determination.
From and after the time of filing of such statement with the secretary of state, the changes will be effective. If the name of a district formed by the consolidation of two (2) or more existing districts differs from that of either of the consolidated districts, the secretary of state shall issue and record a new certificate of organization of said district.
(7) Within ten (10) days after the filing of a statement providing for the formation of a consolidated district as prescribed in subsection (6) of this section, the supervisors of each district involved in the consolidation shall meet and, from their number, shall designate a chairman of the consolidated district. Incumbent supervisors of districts involved in a consolidation may serve until any such supervisor’s term expires. Any vacancy on the governing body of a district formed by consolidation shall not be filled until only five (5) supervisors, or seven (7) upon written request pursuant to section 22-2721, Idaho Code, remain on the governing body of such district. Thereafter, vacancies shall be filled consistent with procedures prescribed in section 22-2721, Idaho Code.
(8) A district formed by the consolidation of two (2) or more districts shall receive a sum not to exceed eight thousand five hundred dollars ($8,500) for each district involved in the formation of the consolidated district for a period of three (3) years after the formation of such district. The maximum allocation of fifty thousand dollars ($50,000) per district set forth in section 22-2727, Idaho Code, shall not apply to a district formed by consolidation for a period of three (3) years following the formation of such district. Upon expiration of the three (3) year time period, a district formed by consolidation shall be treated as one (1) district and shall be subject to all provisions of section 22-2727, Idaho Code.
(9) The office of any district supervisor is hereby declared to be vacant when, after the deletion of territory, such district supervisor is no longer a landowner within the district deleted from.
(10) If both of the determinations made under subsection (4) of this section are in the affirmative and if the proposal involves the addition of territory deleted from one (1) or more existing districts to other territory thus forming a new district, a referendum shall be held and other procedures followed as in cases involving the original formation of a district where no existing district is involved. In such a case, due notice shall be given in the area which may comprise the new district.
(11) If a new district is formed under the procedure prescribed in subsection (10) of this section, part of the area which is composed of an old district, the state soil and water conservation commission shall cause to be filed with the secretary of state a sworn statement of a member of the commission stating:
(a) The name of the district or districts deleted from; and
(b) A description of the boundaries of the territory remaining in the district or districts deleted from.
From and after the time of filing of such statement with the secretary of state, the change in the boundaries of the existing districts shall be effective.
[22-2720, added 1957, ch. 218, sec. 6, p. 476; am. 2010, ch. 279, sec. 5, p. 729.]
(1) The governing body of the district shall consist of five (5) supervisors, elected or appointed as provided in this chapter. Elections shall be conducted pursuant to the provisions of this section and the uniform district election law, chapter 14, title 34, Idaho Code. If at any time the supervisors of a district deem it necessary, upon majority vote of the district board, they may increase the number of supervisors to seven (7) or decrease the number of supervisors to five (5). If increased, the additional supervisors shall then be appointed as outlined in this section until such time as regular district elections for two (2) supervisors in each district. At that time, those districts having seven (7) supervisors shall then elect four (4) supervisors for four (4) year terms. The two (2) supervisors appointed by the district shall be persons who are by training and experience qualified to perform the specialized services that will be required of them in the performance of their duties. In the event the supervisors of a district, upon majority vote of the district board, deem it necessary to reduce the number of supervisors to five (5), there must either be two (2) vacant positions on the board or two (2) of the supervisors must first volunteer to give up their seats. Written notification of the reduction in supervisors, signed by the district board chairman, shall then be sent to the state soil and water conservation commission. Such notification shall also be sent to the secretary of state to ensure only two (2) or three (3) supervisors shall be on the ballot for the next election cycle. All supervisors shall be landowners or farmers of the district where they are elected or appointed and shall be registered to vote in the state of Idaho.
(2) Within thirty (30) days after the date of issuance by the secretary of state of a certificate of organization of a soil conservation district, nominating petitions may be filed with the state soil and water conservation commission to nominate candidates for supervisors of each district. The county clerk shall conduct the election for the district in compliance with chapter 14, title 34, Idaho Code, and shall be the election official for the district. The election official shall have authority to extend the time within which nominating petitions may be filed. Nominating petitions shall be filed with the secretary of the district, and no such nominating petition shall be accepted by the election official unless it shall be subscribed by not less than five (5) persons who are qualified electors owning land or residing within the boundaries of the district. The election official shall give due notice of an election to be held, subject to the provisions of section 34-106, Idaho Code, for the election of three (3) supervisors for the district. The names of all nominees on behalf of whom such nominating petitions have been filed within the time herein designated shall appear upon ballots, with directions to choose three (3) names to indicate the voter’s preference. The three (3) candidates who receive the largest number, respectively, of the votes cast in such election shall be the elected supervisors for such district.
(3) All elections in districts shall be conducted by the county clerk. Such election shall be held on the first Tuesday succeeding the first Monday of November in each odd-numbered year. Such elections shall be in compliance with the provisions of chapter 14, title 34, Idaho Code, and shall be supervised and conducted by the county clerk. The cost of conducting such elections shall be borne by the county that conducted the election. The county clerk shall certify to the soil and water conservation district the names of the elected supervisors. The soil and water conservation district shall issue certificates of election to each elected supervisor so certified. The county clerk or county clerks of the county or counties in which the district is located shall conduct the election for the soil conservation district, and the county clerk must provide a ballot for the district election and must provide a process that allows only qualified electors of the district to vote in that district’s election.
(4) In any election for supervisor, if, after the deadline for filing a declaration of intent as a write-in candidate, it appears that the number of qualified candidates who have been nominated is equal to the number of supervisors to be elected, it shall not be necessary for the candidates to stand for election. The board of supervisors shall declare such candidates elected as supervisors, and the soil and water conservation district shall immediately make and deliver to such persons certificates of election.
(5) The supervisors shall designate a chairman and may, from time to time, change such designation. The term of office of each supervisor shall be four (4) years commencing on the first day of January next following election, except that the two (2) supervisors who are first appointed shall be designated to serve for terms of two (2) years. Vacancies shall be filled for the unexpired term. The selection of successors to fill an unexpired term or for a full term shall be made by a vote of the majority of the supervisors duly qualified and acting at the time the vacancy shall arise, and the supervisors shall certify the name of the appointed supervisor to the state soil and water conservation commission. In the event supervisors fail to appoint a replacement within ninety (90) days following a vacancy, and the vacancy results in the loss of a quorum of the district board, the governor shall appoint a replacement sufficient to reestablish a quorum of the district board. The soil conservation district shall issue a certificate of such appointment.
(6) A quorum shall consist of three (3) supervisors for those districts with a total of five (5) supervisors and four (4) supervisors for those districts with a total of seven (7) supervisors, and the concurrence of a majority in any matter within their duties shall be required for its determination. A supervisor shall be entitled to expenses, including travel expense, necessarily incurred in the discharge of duties. A supervisor shall receive no compensation for services from regular district funds, county funds authorized in section 22-2726, Idaho Code, or state funds authorized in section 22-2727, Idaho Code.
(7) In the event the district has a special project, approved by the state soil and water conservation commission, making project funds available from federal or other sources, a supervisor may receive compensation not to exceed thirty-five dollars ($35.00) per day plus actual and necessary expenses from project funds for services directly related to the project.
(8) The supervisors may employ a secretary, technical experts, and such other officers, agents, and employees, permanent and temporary, as they may require and shall determine their qualifications, duties and compensation. The supervisors may call upon the attorney general of the state for such legal services as they may require or may employ their own counsel and legal staff. The supervisors may delegate to their chairman, to one (1) or more supervisors, or to one (1) or more agents or employees such powers and duties as they may deem proper. The supervisors shall furnish to the state soil and water conservation commission, upon request, copies of such ordinances, rules, orders, contracts, forms and other documents as they shall adopt or employ and such other information concerning the supervisors’ activities as the commission may require in the performance of the commission’s duties under this chapter.
(9) The supervisors shall provide for the execution of surety bonds for all employees and officers entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions and orders issued or adopted; and shall provide for independent financial audits in accordance with the provisions of section 67-450B, Idaho Code. Supervisors shall be subject to recall in accordance with the provisions of chapter 17, title 34, Idaho Code.
(10) The supervisors may invite the legislative body of a municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy that may affect the property, water supply, or other interests of such municipality or county.
(11) Notwithstanding any other provision of law to the contrary, the election for supervisor scheduled for November 2026 shall instead be held on the Tuesday following the first Monday in November 2027 and shall be for a term of four (4) years; and the election for supervisor scheduled for November 2028 shall instead be held on the Tuesday following the first Monday in November 2029 and shall be for a term of four (4) years.
[22-2721, added 1957, ch. 218, sec. 7, p. 476; am. 1963, ch. 30, sec. 1, p. 171; am. 1973, ch. 59, sec. 1, p. 97; am. 1978, ch. 280, sec. 1, p. 679; am. 1986, ch. 179, sec. 1, p. 469; am. 1990, ch. 3, sec. 1, p. 4; am. 1995, ch. 118, sec. 9, p. 434; am. 1995, ch. 256, sec. 1, p. 837; am. 1997, ch. 180, sec. 4, p. 502; am. 1999, ch. 78, sec. 1, p. 222; am. 2000, ch. 4, sec. 2, p. 5; am. 2008, ch. 383, sec. 1, p. 1053; am. 2009, ch. 341, sec. 4, p. 994; am. 2010, ch. 279, sec. 6, p. 731; am. 2010, ch. 279, sec. 7, p. 733; am. 2011, ch. 11, sec. 2, p. 24; am. 2012, ch. 211, sec. 1, p. 571; am. 2022, ch. 271, sec. 4, p. 875; am. 2024, ch. 39, sec. 1, p. 241; am. 2026, ch. 286, sec. 1, p. 1200.]
A soil conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body corporate and politic, exercising public powers, and such district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this chapter:
(1) To conduct surveys, investigations, and research relating to the character of soil erosion, floodwater and sediment damages, for the conservation, development, utilization, and disposal of water and the prevention and control measures, and works of improvement needed, to publish results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures and works of improvement; provided, however, that in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies or with the United States or any of its agencies;
(2) To conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of such lands or the necessary rights of interests in such lands, in order to demonstrate by example the means, methods, and measures by which soil and soil resources may be conserved, and soil erosion in the form of soil-blowing and soil-washing may be prevented and controlled; works of improvement for flood prevention and the conservation, development, utilization, and disposal of water may be carried out;
(3) To carry out preventive and control measures and works of improvement for flood prevention or the conservation, development, utilization, and disposal of water within the districts including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and other appropriate best management practices, on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of such lands or the necessary rights or interests in such lands;
(4) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid, to any agency, governmental or otherwise, or any owner of lands within the district, in carrying on erosion control and prevention operations and works of improvement for flood prevention and the conservation, development, utilization, and disposal of water within the district, subject to such conditions as the supervisors may deem necessary to advance the purpose of this chapter;
(5) To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein and all such property shall be exempt from taxation for state, county and municipal purposes; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this chapter;
(6) To make available, on such terms as it shall prescribe, to landowners within the district, agricultural and engineering machinery or equipment, as will assist such landowners to carry on operations upon their lands for the conservation of soil resources and for the prevention and control of soil erosion and for flood prevention or the conservation, development, utilization, and disposal of water;
(7) To construct, improve, operate and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this chapter;
(8) To develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion and for flood prevention or the conservation, development, utilization, and disposal of water within the district, which plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specifications of engineering operations, method of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of land, and to publish such plans and information and bring them to the attention of occupiers of lands within the district;
(9) To take over, by purchase, lease, or otherwise, and to administer, any soil conservation, flood prevention, erosion control, or erosion prevention project, or combination thereof, located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies; to manage, as agent of the United States or any of its agencies; or of this state or any of its agencies, any soil conservation, flood prevention, erosion control, or erosion prevention project, or combination thereof, within its boundaries; to act as agent for the United States, or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil-conservation, flood-prevention, erosion-control, or erosion-prevention project, or combination thereof, within its boundaries; to accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this state or any of its agencies, and use or expend such moneys, services, material, or other contributions in carrying on its operations;
(10) To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to make, and from time to time amend and repeal, rules not inconsistent with this chapter, to carry into effect its purposes and powers;
(11) As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the supervisors may require contributions in moneys, services, materials, or otherwise to any operations conferring such benefits, and may require landowners to enter into and perform such agreements or covenants as to permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damages thereon;
(12) No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized hereunder unless the legislature shall specifically so state.
[22-2722, added 1957, ch. 218, sec. 8, p. 476; am. 2003, ch. 107, sec. 5, p. 341.]
The supervisors of any two (2) or more districts may cooperate with one another in the exercise of any or all powers conferred in this chapter.
[22-2723, added 1957, ch. 218, sec. 9, p. 476; am. 2010, ch. 279, sec. 8, p. 736.]
Agencies of this state which shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this chapter. The supervisors of such district shall be given free access to enter and perform work upon such publicly owned lands.
[22-2724, added 1957, ch. 218, sec. 10, p. 476; am. 2010, ch. 279, sec. 9, p. 736.]
(1) At any time after five (5) years after the organization of a district under the provisions of this chapter, any twenty-five (25) owners of land lying within the boundaries of such district may file a petition with the state soil and water conservation commission requesting that the operations of the district be terminated and the existence of the district discontinued. The commission may conduct such public meetings and public hearings upon such petition as may be necessary to assist it in the consideration thereof. Within sixty (60) days after such petition has been received by the commission, it shall give due notice to the county clerk of the holding of an election, subject to the provisions of section 34-106, Idaho Code, and the county clerk shall supervise the election, and issue appropriate regulations governing such election as are consistent with chapter 14, title 34, Idaho Code, the question to be submitted by ballots upon which the words "For terminating the existence of the …. (name of the soil conservation district to be here inserted)" shall appear, with a square before each proposition and a direction to mark the ballot as the voter may favor or oppose discontinuance of such district. All qualified electors who reside within the proposed district shall be eligible to vote in said election. No informalities in the conduct of the election or in any matters relating thereto shall invalidate the election or the result thereof if notice thereof shall have been given substantially as herein provided and the election shall have been fairly conducted.
(2) The commission shall publish the result of the election and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the continued operation of such district is administratively practicable and feasible, it shall record such determination and deny the petition. If the commission determines that the continued operation of such district is not administratively practicable and feasible, it shall record such determination and shall certify such determination to the supervisors of the district. In making such determination the commission shall give due regard and weight to the attitudes of the owners of lands lying within the district, the number of residents eligible to vote in the election who shall have voted, the proportion of the votes cast in the election in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the landowners of the district, the probable expense of carrying on such erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in section 22-2716, Idaho Code, provided however, that the commission shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the election shall have been cast in favor of the continuance of such district.
(3) Upon receipt from the state soil and water conservation commission of a certificate that the commission has determined that the continued operation of the district is not administratively practicable and feasible pursuant to the provisions of this section, the supervisors shall forthwith proceed to terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be covered into the state treasury. The supervisors shall thereupon file an application duly verified, with the secretary of state for the discontinuance of such district, and shall transmit with such application the certificate of the state soil and water conservation commission setting forth the determination of the commission that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this section provided and shall set forth a full accounting of such properties and proceeds of the sale. The secretary of state shall issue to the supervisors a certificate of dissolution and shall record such certificate in an appropriate book of record in his office.
(4) Upon issuance of a certificate of dissolution under the provisions of this section, all contracts theretofore entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The state soil and water conservation commission shall be substituted for the district or supervisors as party to such contracts.
(5) The state soil and water conservation commission shall not entertain petitions for the discontinuance of any district nor conduct elections upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this chapter, more often than once in five (5) years.
[22-2725, added 1957, ch. 218, sec. 11, p. 476; am. 1995, ch. 118, sec. 10, p. 437; am. 2009, ch. 341, sec. 5, p. 997; am. 2010, ch. 279, sec. 10, p. 736; am. 2010, ch. 279, sec. 11, p. 737.]
In those counties of Idaho wherein all or a substantial part of the county has been created and is operating as a soil conservation district or districts under the provisions of chapter 27, title 22, Idaho Code, or any amendment thereto, the board of county commissioners may, from time to time, at their discretion and upon request of the supervisors of such soil conservation districts provide in their budget a sufficient amount of money from the county general fund for allocation to the districts to be used by the districts for any purposes authorized by law, or in lieu of such allocation the county commissioners at their discretion may assign or hire an employee or employees of the county to assist the supervisors in the performance of the work of their office. The duties of such employee or employees shall be under the direct supervision of the supervisors of each soil conservation district.
[22-2726, added 1963, ch. 14, sec. 1, p. 149; am. 1969, ch. 217, sec. 1, p. 711; am. 1976, ch. 17, sec. 1, p. 48; am. 1984, ch. 16, sec. 1, p. 18; am. 1990, ch. 358, sec. 1, p. 967; am. 2022, ch. 271, sec. 5, p. 877; am. 2023, ch. 218, sec. 5, p. 609.]
(1) A public hearing shall be held by the state soil and water conservation commission on or before June 15 of each year and twenty (20) days’ written notice of such hearing shall be given to each soil conservation district and to all other persons requesting notice of such hearing. At the hearing the state soil and water conservation commission shall consider the needs of each soil conservation district and shall base its request for state funds for the soil conservation districts upon the budgets, budget requests, district programs and work plans, and work load analysis of the various soil conservation districts.
(2) All funds appropriated by the state for the various soil conservation districts shall be appropriated to the Idaho state soil and water conservation commission and shall be allocated by the commission equally to the various soil conservation districts on the basis of the criteria established in subsection (1) of this section.
(3) Funds appropriated to the state soil and water conservation commission for distribution to soil conservation districts shall be allocated by the commission equally to the various soil conservation districts in a sum not to exceed eight thousand five hundred dollars ($8,500) per district. All funds appropriated to the state soil and water conservation commission for distribution to soil conservation districts in excess of eight thousand five hundred dollars ($8,500) per district shall be allocated by the commission to the various soil conservation districts in a sum not to exceed twice the amount of funds or services allocated to each district by the county commissioners in the previous fiscal year and funds or services allocated to each district by authorized officials or other local units of government or organizations in the previous fiscal year, provided that any such allocation by the commission shall not exceed fifty thousand dollars ($50,000) to any one (1) district in a fiscal year.
(4) The state soil and water conservation commission shall adopt rules necessary to carry out the purposes of this section.
[I.C., sec. 22-2727, as added by 1969, ch. 217, sec. 2, p. 711; am. 1984, ch. 16, sec. 2, p. 19; am. 1990, ch. 358, sec. 2, p. 967; am. 1991, ch. 80, sec. 1, p. 181; am. 2010, ch. 279, sec. 12, p. 739.]
(1) There is hereby created in the state treasury a fund to be known as the Idaho resource conservation and rangeland development fund, which shall consist of all moneys which may be appropriated to it by the legislature or made available to it from federal, private or other sources. The state treasurer is directed to invest all unobligated moneys in the fund. All interest and other income accruing from such investments shall accrue to the fund. The state soil and water conservation commission may expend from the fund such sums as it shall deem necessary for any of the conservation improvements, projects and programs provided for under this chapter under such terms and conditions provided for in the commission’s rules and the water quality program for agriculture.
(2) The state soil and water conservation commission shall establish a priority list for conservation improvements, projects and the water quality program for agriculture. The priority list shall be used as the method for allocation of funds loaned under this chapter.
[22-2730, added 1985, ch. 116, sec. 1, p. 240; am. 1992, ch. 270, sec. 4, p. 839; am. 1999, ch. 137, sec. 3, p. 388; am. 2003, ch. 107, sec. 7, p. 344; am. 2010, ch. 279, sec. 13, p. 739.]
The Idaho resource conservation and rangeland development fund shall be allocated for use by the state soil and water conservation commission:
(1) To eligible applicants for conservation improvements which it deems to be "in the public interest" in such amounts as are necessary for the implementation of conservation measures identified in a conservation plan;
(2) To eligible applicants for the purpose of conservation improvements on rangelands, agricultural lands and riparian lands, which will provide environmental enhancement to soil, water, wildlife and related resources;
(3) For the purpose of implementing conservation improvements, projects and the water quality program for agriculture.
[22-2731, added 1985, ch. 116, sec. 1, p. 241; am. 1992, ch. 270, sec. 5, p. 839; am. 1999, ch. 137, sec. 4, p. 389; am. 2003, ch. 107, sec. 8, p. 344; am. 2010, ch. 279, sec. 14, p. 740.]
(1) Eligible applicants may file an application with the local soil conservation district or the state soil and water conservation commission for a loan from the fund for the purpose of financing conservation improvement cost. Such application shall be filed in such a manner and shall be in such form, and be accompanied by such information as may be prescribed by the commission. Any such application filed with the district or the commission under the provisions of this chapter shall:
(a) Describe the nature and purposes of the improvements or projects;
(b) Set forth or be accompanied by a conservation plan approved by the local soil conservation district or the commission that identifies the conservation improvements, or projects, together with such technical and economic feasibility data and estimated costs as may be required by the commission;
(c) State whether money other than that for which application is made under this chapter will be used for improvement costs, and whether such money is available or has been sought for this purpose;
(d) Show that the applicant holds or can acquire title to all lands or has necessary easements and rights-of-way for the improvements; and
(e) Show the proposed project is feasible from a technical standpoint and economically justified.
(2) The local soil conservation districts and the commission shall keep each other informed of applications received. Within sixty (60) days of receipt of an application, the local soil conservation district or the commission shall review and evaluate, and if it deems necessary, investigate aspects of the proposed improvements. As part of such investigation, the district or the commission shall determine whether the plan for development of the conservation improvements is satisfactory. If the district or the commission determines the plan is unsatisfactory, it shall return the application to the applicant and may make such recommendations to the applicant as are considered necessary to make the plan satisfactory. If the district or the commission determines the plan and application are satisfactory, it shall be considered for funding.
(3) The commission may approve a loan for conservation improvements if after review, evaluation and investigation if necessary, it finds that:
(a) The applicant is qualified and responsible;
(b) There is reasonable assurance that the borrower can repay the loan; and
(c) That money in the resource conservation and rangeland development fund is available for the loan.
(4) If the commission approves a loan, the applicant shall execute a promissory note for repayment to the account of money loaned therefrom, together with interest not to exceed six percent (6%) annually as determined by the commission. The note shall further provide that repayment of the loan, together with interest thereon, shall commence not later than two (2) full years from the date the note is signed. Repayment shall be completed within the time period specified by the commission not to exceed fifteen (15) years, except that the commission may extend the time for making repayment in event of emergency or hardship. Such agreement shall also provide for such assurance of, and security for, repayment of the loan as are considered necessary by the commission.
(5) Upon approval of the loan and securing all necessary documents, the commission will make available, in approved form, project or contract funding.
(6) If an applicant fails to comply with the repayment contract, the interest in the improvement may be conveyed to a successor upon approval by the commission, which may contract with the qualified successor in interest of the original obligor for repayment of the loan, together with interest thereon, and for succession to its rights and obligation in any contract with the commission.
[22-2732, added 1985, ch. 116, sec. 1, p. 241; am. 1992, ch. 270, sec. 6, p. 839; am. 1999, ch. 62, sec. 1, p. 164; am. 1999, ch. 137, sec. 5, p. 389; am. 2010, ch. 279, sec. 15, p. 740.]
(1) Eligible applicants or participants may file an application with the local soil conservation district or the state soil and water conservation commission for a grant from the state soil and water conservation commission general fund for the purpose of financing conservation improvements, projects and implementation of the water quality program for agriculture. Such application shall be filed in such a manner and shall be in such form, and be accompanied by such information as may be prescribed by the commission; provided however, any such application filed with the district or the commission under the provisions of this section shall:
(a) Describe the nature and purpose of the improvements or conservation plan implementation project;
(b) Set forth or be accompanied by an improvement project plan approved by the local soil conservation district or the commission that identifies the practices to be applied, together with such technical and economic feasibility data and estimated costs as may be required by the commission;
(c) State whether money other than that for which application is made under this section will be used for improvement project or conservation plan implementation costs, and whether such money is available or has been sought for this purpose; and
(d) Show that the applicant or participant holds or can acquire title to all lands or has necessary easements and rights-of-way to implement the project plan.
(2) The commission and local soil conservation district will keep each other informed of grant applications received. Within thirty (30) days of receipt of an application, the local soil conservation district or the commission shall review and evaluate and, if deemed necessary, investigate all aspects of the proposed improvement, project or conservation plan. As part of such investigation, the district or the commission shall determine whether the project plan is satisfactory. If the district or the commission determines that the plan is unsatisfactory, it shall return the application to the applicant or participant and the district or the commission may make such recommendations to the applicant or participant as are considered necessary to make the plan satisfactory. If the commission determines either the plan or a plan revised pursuant to recommendation of the district or commission is satisfactory, it shall be considered for funding.
(3) The commission may approve a grant if after review, evaluation and investigation if necessary, it finds that:
(a) The applicant or participant is qualified and responsible;
(b) The improvement, project or conservation plan demonstrates public benefits; and
(c) That money in the state soil and water conservation commission general fund is available for the grant.
(4) If the commission approves a grant, the applicant or participant shall enter into an agreement covering the grant offer and acceptance of the grant for implementing the improvement, project or conservation plan. The agreement shall be improvement, project or conservation plan specific. The terms and conditions shall be those specified by the commission.
(5) Upon approval of the grant and securing all necessary documents, the commission will make available, in the approved form, project or contract funding.
[22-2733, added 1992, ch. 270, sec. 7, p. 841; am. 1999, ch. 137, sec. 6, p. 391; am. 2003, ch. 107, sec. 9, p. 344; am. 2010, ch. 279, sec. 16, p. 741.]
(1) Eligible applicants or participants may file an application with the local soil conservation district or the state soil and water conservation commission for a cost-share contract or project from the state soil and water conservation commission general fund for the purpose of financing agricultural, grazing or other conservation improvements, projects or implementation of the water quality program for agriculture. Such application shall be filed in such a manner and shall be in such form and be accompanied by such information as may be prescribed by the commission; provided however, any such application filed with the district or the commission under the provisions of this section shall:
(a) Describe the nature and purposes of the improvements and projects requiring cost-sharing;
(b) Set forth or be accompanied by a plan that identifies the conservation improvements or projects, together with such technical and economic feasibility data and estimated costs as may be required by the commission;
(c) State whether money other than that for which application is made under this section will be used for costs, and whether such money is available or has been sought for this purpose; and
(d) Show the proposed project is feasible from a technical standpoint and is economically justified.
(2) The commission and the local soil conservation district will keep each other informed of cost-share applications received. Within thirty (30) days of receipt of an application, the local soil conservation district or the commission shall review and evaluate and, if deemed necessary, investigate all aspects of the proposed contract or project. As part of such investigation, the district or the commission shall determine whether the plan for development of the conservation improvements or projects is satisfactory. If the district or the commission determines the plan is unsatisfactory, it shall return the application to the applicant or participant and the district or the commission may make such recommendations to the applicant or participant as are considered necessary to make the application satisfactory. When the commission determines either the application or an application revised pursuant to recommendation of the district or commission is satisfactory, it shall be considered for funding.
(3) The commission may approve a cost-share contract to an applicant or participant for conservation projects and improvements if, after review, evaluation and investigation, it finds that:
(a) The applicant or participant is qualified and responsible;
(b) The conservation improvement or project demonstrates public benefit;
(c) There is reasonable assurance that the applicant or participant will adhere to contract terms; and
(d) Money is available in the state soil and water conservation commission general fund for cost-share.
(4) Upon approval of the cost-share contract or cost-share grant, and securing of all necessary documents, the commission will make funding available.
[22-2734, added 1999, ch. 137, sec. 7, p. 392; am. 2003, ch. 107, sec. 10, p. 345; am. 2010, ch. 279, sec. 17, p. 742.]
(1) The commission may make payments not to exceed the estimated reasonable cost of an eligible improvement, project or plan.
(2) The commission may, in the name of the state of Idaho, enter into contracts with approved applicants, and any such approved applicants may enter into a contract with the commission concerning eligible improvements, projects or plans. Any such contract may include such provisions as may be agreed upon by the parties thereto, and shall include, in substance, the following provisions:
(a) An estimate of the reasonable cost of the improvements, projects or plans as determined by the commission;
(b) The terms under which the commission may unilaterally terminate the contract and/or seek repayment from the applicant of sums already paid pursuant to the contract for noncompliance by the applicant with the terms and conditions of the contract and the provisions of this chapter;
(c) An agreement by the applicant binding for the life of the eligible improvements, projects or plans:
(i) To develop water quality plans for landowners and provide payments to landowners for installation of best management practices;
(ii) To determine payment rates in conjunction with the commission for best management practices;
(iii) To establish a method for administration and provisions for technical assistance to landowners in conjunction with the commission;
(iv) To allow the state to make payments up to the estimated reasonable cost for best management practices installation, technical assistance and project administration of an eligible project;
(v) To develop and to secure the approval of the commission of plans for operation of the eligible project;
(vi) To ensure that the local matching share of the cost is provided as applicable;
(vii) To assure an adequate level of landowner participation and application of best management practices to ensure water quality goals are met.
(3) The commission may enter into contracts to provide technical assistance to applicants that have entered agreements pursuant to this chapter. Any such contract may include such provisions agreed upon by the parties thereto and shall include, in substance, the following provisions:
(a) An estimate of the reasonable cost of technical assistance;
(b) The terms under which the commission may unilaterally terminate the contract, and/or seek repayment of sums paid pursuant to the contract, for noncompliance by the applicants with the terms and conditions of the contract, the provisions of this chapter, or rules adopted pursuant thereto.
(4) The commission may enter into contracts and establish procedures to be followed in applying for eligible improvements, projects and plans herein authorized as shall be necessary for the effective administration of the water quality program for agriculture.
(5) All contracts entered into pursuant to this section shall be subject to approval by the attorney general as to form. All payments by the state pursuant to such contracts shall be made after audit and upon warrant as provided by law on vouchers approved by the chairman and the administrator of the commission.
(6) All grant agreements and contracts previously entered into with the state board of health and welfare, soil conservation districts and the commission pursuant to section 39-3627, Idaho Code, for payments and administration are now to be administered and payments implemented solely by the commission.
[22-2735, added 1999, ch. 137, sec. 8, p. 393; am. 2010, ch. 279, sec. 18, p. 743.]
This act may be known as the Honey Industry Act.
[22-2801, added 1949, ch. 147, sec. 1, p. 301.]
It is hereby declared, as a matter of legislative determination, that the honey industry of Idaho is in dire need of concentrated state and national advertising and promotion to increase the consumption of honey; that other states are promulgating advertising and promotion campaigns for the betterment of the honey industry; that honey is an essential food and its use should be placed in name and fact before the people of America; that in the interest of public welfare and general prosperity of the people of the state of Idaho, the honey industry and beekeeping in general should be maintained and encouraged so that the many food values and quality of honey and the many pollinating values of the domesticated honey bees may be better understood, protected and greater use thereof made.
[22-2802, added 1949, ch. 147, sec. 2, p. 301; am. 2012, ch. 123, sec. 1, p. 342.]
Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:
(1) "Commission" means the Idaho honey commission.
(2) "Department" means the Idaho state department of agriculture.
(3) "Director" means the director of the department or the director’s designated representative.
(4) "Honey producer" or "beekeeper" means a person, firm or corporation engaged in the art of raising, harboring, keeping or breeding domesticated honey bees either for the purpose of gathering honey or the production of queens and/or packaged bees.
(5) "Honey by-products" means items using honey as a base such as creamed honey, whipped honey, or the like.
(6) "Packer" means any honey producer or beekeeper or person who processes and packs honey for commercial retail sales.
(7) "Person" includes an individual, partnership, corporation, firm, association and agent.
(8) "Official sample" means a sample of honey taken by the director or an authorized agent in accordance with the provisions of section 22-2810, Idaho Code.
[22-2803, added 1949, ch. 147, sec. 3, p. 301; am. 2012, ch. 123, sec. 2, p. 342; am. 2015, ch. 124, sec. 1, p. 312; am. 2026, ch. 218, sec. 1, p. 910.]
(1) There is hereby created and established in the department the Idaho honey commission to be known and designated as such, and shall be composed of the director of the department and three (3) members who shall be honey producers or beekeepers.
(2) Each member shall be a resident citizen of the state of Idaho for a period of five (5) years prior to his appointment, shall be a commercial beekeeper as defined in section 22-2502, Idaho Code, actively engaged in honey production, registered as a beekeeper with the department, and deriving a substantial portion of his income from honey production, or be the directing or managing head of a corporation, firm, partnership or other business unit that derives a substantial portion of its income from honey production. To continue as a member of the commission each member must remain qualified pursuant to the provisions of this section.
(3) The executive committee of the Idaho honey industry association may request the removal of a commissioner, with or without cause, by a majority vote. Upon receipt of such a request, the governor may immediately withdraw the commissioner’s appointment.
(4) The Idaho honey industry association shall meet for the purpose of nominating members of the commission. The board of directors shall review the names of active beekeepers in Idaho that meet the qualifications as provided in this section. By June 1 of each year, the names of two (2) honey producers or beekeepers nominated by the association for each vacancy occurring on the commission shall be submitted to the governor for his consideration. From such list of nominees, the governor shall designate and appoint one (1) member for each vacancy on the commission.
(5) Members shall serve for a term of three (3) years. Terms shall expire on the last day of June of the year in which the term for which the member was appointed terminates. Provided however, each member shall serve until his respective successor is appointed and qualified. Appointments to fill vacancies shall be for the balance of the unexpired term.
(6) Commission members shall elect a chairman. The chairman may delegate the function of the Idaho honey commission to an administrator whose function will be subject to the approval of the Idaho honey commission.
(7) A majority of the members of the commission shall constitute a quorum for the transaction of all business and the carrying out of the duties of the commission. Before entering on the discharge of their duties as members of the commission, each member shall take and subscribe to the oath of office prescribed by law.
(8) Each member of the commission shall be compensated as provided by section 59-509(n), Idaho Code. The commission shall meet regularly once each fiscal year at a date established by said commission in its designated business office, and it shall fix the time and place of special meetings as may be deemed necessary by the chairman of the commission.
[22-2804, added 2015, ch. 124, sec. 3, p. 313; am. 2026, ch. 218, sec. 2, p. 911.]
The said commission shall have power to contract and be contracted with.
[22-2805, added 1949, ch. 147, sec. 5, p. 301.]
The administration of this act shall be vested in the Idaho honey commission which shall administer the taxes levied and imposed by this act.
[22-2806, added 1949, ch. 147, sec. 6, p. 301; am. 2015, ch. 124, sec. 4, p. 313.]
The commission shall plan and conduct a campaign for honey and honey by-product advertising, publicity, merchandising, sales promotion and research, including bee research, and public education of beekeeping and honey production, by contracting with a service of the hereinabove mentioned, or jointly with any university or other state agency or states of the United States and its territories, or individually.
[22-2807, added 1949, ch. 147, sec. 7, p. 301; am. 2006, ch. 87, sec. 1, p. 257; am. 2012, ch. 123, sec. 3, p. 343; am. 2026, ch. 218, sec. 3, p. 912.]
The commission is hereby charged with the enforcement of this chapter, and after due publicity and due public hearing is empowered to promulgate and adopt such reasonable rules as may be necessary to carry into effect the full intent and meaning of this chapter, including the establishment of fees for services. The commission is hereby empowered to adopt rules establishing definitions for honey including establishing standards of identity, quality and labeling and such other rules as may be necessary for the enforcement of any provision of this chapter. In establishing standards of identity, quality and labeling the commission shall give consideration to any definitions and standards used by a federal agency, another state or an organization administering a regional, multi-regional, national or international agreement on honey.
[22-2808, added 2012, ch. 123, sec. 4, p. 343.]
(1) There is hereby levied and imposed upon each colony or hive of bees within the state of Idaho on July 1 of each year a continuing annual tax of five cents (5¢) per hive or colony of bees for the purpose of carrying out the provisions of this chapter. Hobbyist beekeepers, as defined in chapter 25, title 22, Idaho Code, are exempt from taxation under this section. Provided however, that any hobbyist beekeeper who desires to support the efforts of the commission, as set forth in section 22-2807, Idaho Code, may register with the commission for that purpose by remitting an annual registration fee of ten dollars ($10.00).
(2) The tax may be decreased to not less than three cents (3¢) per hive or colony per year or it may be increased to not more than ten cents (10¢) per hive or colony per year, if approved by a majority of the beekeepers voting in a referendum held for the purpose of determining whether such levy of the tax shall or shall not be changed. If the levy of the tax is changed, the levy of the tax will continue annually at the changed rate until again changed by another referendum. Any resident of Idaho who is a registered Idaho beekeeper with the department, and is not exempt from taxation as provided in subsection (1) of this section, may vote at such referendum. Any referendum held for the purpose of changing the levy of such tax shall be held at the annual meeting of the Idaho honey industry association or any successor organization to this group.
(3) Notice of the tax provided for in this section shall be mailed no later than June 1 and the tax shall be due and payable on or before July 1 of each year, and it shall be collected by the department and shall forthwith be paid over by the department to the Idaho honey fund.
(4) Said tax shall be a lien upon all apicultural products, equipment, bees and property of the person owning or controlling such bees and shall be prior to all other liens or encumbrances except liens which are declared prior by operation of the statutes of this state.
(5) Hives brought into the state for indoor winter storage prior to moving to another state for pollination or honey production are exempt from paying fees and taxes as provided for in this section. Provided however, registration shall be required and a minimum of the following information shall be supplied: location of the storage, approximate dates the hive or hives will be brought into and leave the state, name, address and telephone number of the owner of the bees, and name, address and telephone number of an in-state contact who will have knowledge of the hive or hives being stored in the state.
[(22-2809) 22-2808, added 1970, ch. 46, sec. 1, p. 95; am. 1991, ch. 225, sec. 1, p. 537; am. 2006, ch. 87, sec. 2, p. 257; am. and redesig. 2012, ch. 123, sec. 5, p. 343; am. 2014, ch. 46, sec. 2, p. 123; am. 2015, ch. 124, sec. 5, p. 314; am. 2026, ch. 218, sec. 5, p. 912.]
(1) For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the director upon presenting appropriate credentials, to the owner, operator, or agent in charge, are authorized upon written complaint:
(a) To enter, during normal business hours, any factory, warehouse, or establishment within the state in which honey is processed, packed, or held for distribution for retail sales, or to enter any vehicle being used to transport or hold such honey, and sample such honey that is packaged and labeled for retail sale.
(b) To inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein, related to retail sales. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the United States standards for grades of extracted honey. Each inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.
(2) Sampling and analysis shall be conducted in accordance with the United States standards for grades of extracted honey.
(3) The director, in determining for administrative purposes whether a honey is adulterated, shall be guided by the official sample as defined in section 22-2803, Idaho Code, and obtained and analyzed as provided for in this section.
(4) If the owner of any factory, warehouse, or establishment described in subsection (1) of this section, or authorized agent, refuses to admit the director or an authorized agent to inspect in accordance with subsections (1) and (5) of this section, the director is authorized to obtain from any state court of competent jurisdiction a warrant directing such owner or agent to submit the premises described in such warrant to inspection.
(5) For the enforcement of this chapter, the director or a duly authorized agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine and make copies of records relating to distribution of honey packaged and labeled for retail sale to the public.
(6) The results of all analyses of official samples shall be forwarded by the director to the packer and to the purchaser or retailer. When the inspection and analysis of an official sample indicate the honey has been adulterated or mislabeled, and upon request by the packer or purchaser or retailer within thirty (30) days following the receipt of the analysis, the director shall furnish to the packer or purchaser or retailer a portion of the sample concerned.
[22-2810, added 2012, ch. 123, sec. 6, p. 344; am. 2026, ch. 218, sec. 6, p. 913.]
(1) Any person that violates or fails to comply with any of the provisions of this chapter may be assessed a civil penalty by the department or its duly authorized agent of no more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney’s fees.
(2) Assessment of a civil penalty may be made in conjunction with any other department administrative action.
(3) 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.
(4) 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.
(5) Any person against which the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.
(6) All civil penalties collected pursuant to this section shall be remitted to the department.
[22-2811, added 2026, ch. 218, sec. 8, p. 914.]
(1) In the event the department finds that honey is being offered for sale in violation of this chapter, the department may issue and enforce a written or printed "stop sale, use, or removal" order to the distributor, owner or custodian of the honey and hold the honey, or order it held, at a designated place until the law has been complied with and the honey is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. Unless the department grants a written extension, the owner or custodian of any honey that has been issued a "stop sale, use, or removal" order shall remedy the violation within thirty (30) days. The department shall release the honey so withdrawn when the requirements of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
(2) Any lot of honey not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the commission to a court of competent jurisdiction in the area in which said honey is located. In the event the court finds the said honey to be in violation of the provisions of this chapter and orders the condemnation of said honey, it shall be disposed of in any manner consistent with the quality of the honey and the laws of the state. Provided however, that in no instance shall the disposition of said honey be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said honey or for permission to process or relabel said honey to bring it into compliance with the provisions of this chapter.
[22-2812, added 2012, ch. 123, sec. 8, p. 346; am. 2026, ch. 218, sec. 9, p. 914.]
All expenses and costs incurred in the administration of this chapter shall be paid out of the Idaho honey fund. The commission shall keep an accurate record of all costs and expenditures and will report the same by publication on October 1 of each year. All expenses and costs incurred and contracted for by the commission in performing its duties under this chapter shall be paid out of such Idaho honey fund in the following manner: vouchers shall be approved and submitted by the commission chairman to the director or his designated representative of the department for approval and subsequent issuance of a warrant by the state controller.
[(22-2813) 22-2809, added 1951, ch. 62, sec. 2, p. 91; am. 1974, ch. 13, sec. 6, p. 138; am. 1994, ch. 180, sec. 20, p. 435; am. 2003, ch. 32, sec. 6, p. 120; am. and redesig. 2012, ch. 123, sec. 9, p. 346; am. 2015, ch. 124, sec. 6, p. 314; am. 2026, ch. 218, sec. 10, p. 914.]
All moneys which have heretofore been credited to the general fund under the provisions of this chapter are hereby transferred to the Idaho honey fund.
[(22-2814) 22-2810, added 1951, ch. 62, sec. 3, p. 91; am. and redesig. 2012, ch. 123, sec. 10, p. 346; am. 2015, ch. 124, sec. 7, p. 315.]
The commission shall make available to any pesticide applicator registered with the department, abatement or pest control district, or university of Idaho county agricultural extension office, a list of beekeepers registered with the commission. The list shall include the names and telephone numbers of the beekeepers, the counties in which they keep bees, and any other information the commission deems necessary to assist in the prevention of accidental poisoning of honeybees.
[(22-2815) 22-2811, added 2006, ch. 87, sec. 3, p. 258; am. 2007, ch. 188, sec. 14, p. 554; am. and redesig. 2012, ch. 123, sec. 11, p. 346.]
The regents of the University of Idaho are hereby authorized and directed to establish within the state of Idaho a bean growing experiment station, and in their name to purchase or otherwise acquire, equip, improve, operate, conduct and maintain, a farm, suitable and adapted for growing beans in connection with and for the purpose of conducting and carrying on experiments and experimental work to improve the quality of beans, to insure the purity of seed beans, and to develop new and better types of beans and methods of bean culture and utilization. Information and results of such experiments and experimental work shall from time to time be made available to and disseminated by bulletins or other suitable means, to all growers of beans and others within the state of Idaho, who may be interested in the same. The bean growing experiment station is authorized to establish such field experiment substations as in the judgment of the regents of the University of Idaho, may be necessary.
The regents of the University of Idaho are empowered and authorized, in their name, to purchase or otherwise acquire, lands and facilities and also accept gifts of land and/or facilities, or other donations as may be made to them for the purposes of this act.
[22-2905, added 1949, ch. 178, sec. 5, p. 375.]
The regents of the University of Idaho, through the bean growing experiment station, are hereby authorized to cooperate with the United States department of agriculture, or any other recognized agencies of the United States, the state of Idaho, or with other states, in the conducting and carrying on of the experiments and experimental work herein provided to be made, and to enter into contracts for this purpose, so as to pay all, or a proportionate amount of the costs of such work as may be deemed best to be undertaken in the interests of the state.
[22-2906, added 1949, ch. 178, sec. 6, p. 375.]
The production of beans is one of the major agricultural activities of the state of Idaho. Idaho beans are equal, if not superior, to beans grown elsewhere in the United States. However, because the bean industry in this state has failed to adequately advertise, develop and improve the superior quality of Idaho beans on a nationwide scale, this state does not enjoy its fair share of the national bean market. In the interests of the welfare and general prosperity of the people of this state, to avoid further unnecessary losses in the national bean market, and to carry on research into the growth, production and marketing of beans in Idaho, in order that the health-giving qualities and food value of our beans may become well-known throughout the United States, it is the purpose of this act to provide for and promote national advertising of Idaho beans, and to further provide for comprehensive studies and research analyses into the future production, growing, and marketing of Idaho beans.
[22-2911, added 1957, ch. 94, sec. 1, p. 158.]
(1) There is hereby created and established in the department of self-governing agencies the Idaho bean commission, hereinafter called the commission. It shall be composed of eight (8) men or women engaged in the bean industry. The commission shall be appointed by the governor, and each member must have been a resident of the state of Idaho for a period of three (3) years immediately prior to his appointment, shall have had active experience in growing, processing or shipping of beans produced in the state of Idaho, and at least four (4) members of the commission shall be growers actually engaged in production of beans, but who are not handlers, dealers or processors. One (1) grower member of the commission shall be appointed from each of the districts provided for by this section. The four (4) remaining members of the commission may be engaged in the processing or shipping of beans, at least one (1) of whom must be engaged in the processing or shipping of snap bean seed. The processor or shipper members of the commission shall be appointed at large, keeping in mind insofar as possible geographic locations representative of the Idaho bean industry. The qualifications for membership on the commission shall continue throughout the respective terms of office of the commissioners. Upon recommendation of organizations of producers and shippers of beans, one (1) grower commissioner shall be appointed from district No. 1, which district shall be composed of the following counties: Adams, Boundary, Bonner, Kootenai, Benewah, Shoshone, Latah, Nez Perce, Clearwater, Lewis, Idaho, Washington, Payette, Gem, Canyon and Ada; one (1) grower commissioner shall be appointed from district No. 2, which district shall be composed of the following counties: Valley, Lemhi, Custer, Boise, Twin Falls, Owyhee and Elmore; one (1) grower commissioner shall be appointed from district No. 3, which district shall be composed of the following counties: Cassia, Oneida, Power, Bannock, Caribou, Bear Lake, Franklin and Minidoka; one (1) grower commissioner shall be appointed from district No. 4, which district shall be composed of the following counties: Camas, Blaine, Gooding, Lincoln, Jerome, Bingham, Bonneville, Butte, Jefferson, Madison, Teton, Fremont and Clark. Each commissioner shall serve for a term of four (4) years. Each commissioner shall hold office until his successor has been appointed.
(2) A simple majority of members of the commission shall constitute a quorum for the transaction of business and for carrying out the duties of the commission. All commissioners shall take an oath of office before commencing their duties.
(3) Each member of the commission shall be compensated as provided by section 59-509(l), Idaho Code, provided however, that compensation paid to members of the commission on and after January 1, 1998, shall not be considered salary as defined in section 59-1302, Idaho Code.
[22-2912, added 1957, ch. 94, sec. 2, p. 158; am. 1970, ch. 45, sec. 1, p. 92; am. 1974, ch. 13, sec. 7, p. 138; am. 1980, ch. 247, sec. 12, p. 591; am. 1998, ch. 403, sec. 1, p. 1256; am. 1999, ch. 63, sec. 1, p. 165; am. 2025, ch. 162, sec. 1, p. 781.]
The executive office of the commission is hereby established in Ada county.
[22-2913, added 1957, ch. 94, sec. 3, p. 158; am. 2001, ch. 183, sec. 3, p. 615.]
As used in this chapter:
(1) The term "commission" means the Idaho bean commission.
(2) The term "person" means an individual, partnership, organization, corporation, association, or any other business unit.
(3) The term "beans" means all dry and garden beans sold or intended for human consumption or for seed purposes grown in the state of Idaho.
(4) "Shipment" of beans means loading beans within the state of Idaho in a car, bulk truck, or other conveyance, to be transported for sale or otherwise.
(5) The term "dealer" means and includes any person engaged in the business of buying, receiving, cleaning, or selling beans for profit or remuneration, in this state or another state.
(6) The term "handler" means any person handling beans in the primary channels of trade.
(7) The term "grower" means the actual producer of any beans defined in this chapter.
(8) "Delivery" means the placing of beans into primary channels of trade when any such beans are sold or delivered for shipment or delivered for canning or processing into by-products.
(9) The term "hundredweight" means each one hundred (100) pound or combination of packages making a one hundred (100) pound unit of any shipment of beans based on invoice or bill of lading records.
[22-2914, added 1957, ch. 94, sec. 4, p. 158; am. 1972, ch. 351, sec. 1, p. 1038; am. 2025, ch. 162, sec. 2, p. 782.]
The commission shall prescribe and enforce suitable and reasonable regulations to enforce the provisions of this act, and shall administer the taxes levied and imposed by this act. The commission may at any time send its duly authorized agent or representative to enter upon the premises of any grower, dealer and/or handler of beans, to examine or cause to be examined any books, papers, records or memoranda concerning taxes payable under this act, and to secure other information either directly or indirectly involved in the enforcement of this act.
[22-2915, added 1957, ch. 94, sec. 5, p. 158.]
Any handler, dealer or grower who fails to make collection, file return or pay any tax within the time required by or pursuant to this act shall thereby forfeit to the state a penalty of five per centum (5%) of the amount of tax determined to be due, as provided in this act, plus one per centum (1%) of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such tax became due; but the commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and disposed of as provided with respect to moneys derived from the taxes levied and imposed by this act.
[22-2916, added 1957, ch. 94, sec. 6, p. 158.]
The powers and duties of the commission shall include the following:
To adopt and from time to time alter, rescind, modify and/or amend all proper and necessary rules, regulations and orders for the exercise of its powers and the performance of its duties under this act.
To employ and at its pleasure discharge an advertising manager, agents, advertising agencies and such other help as it deems necessary and to outline their powers and duties and fix their compensation.
To make in the name of the commission such advertising contracts and other agreements as may be necessary.
To keep books, records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller at all times.
To purchase or authorize the purchase of all office equipment and supplies and to incur all other reasonable and necessary expenses and obligations in connection with and required for properly carrying out the provisions of this act.
To define and describe such grade or grades of beans as may be advertised in accordance with the provisions of this act.
Whenever and wherever it deems it necessary the commission shall use its offices to prevent any substitution of other beans for Idaho beans and to prevent the misrepresentation or misbranding of Idaho beans at any and all times at any and all points where it discovers the same is being done.
To cooperate with the United States department of agriculture and other growers or shippers organizations on a national basis to improve the total consumption of dry beans.
To make, conduct or carry on studies and research in connection with the raising and production of "dry edible beans for human consumption" and of "snap bean seed" and for conducting necessary measures for the control of insects known to be detrimental to the production of such beans, bean seed, and their by-products; to disseminate information with respect to such study and research as a part of the commission’s publicity and sales promotion activities authorized by this act and to assist, aid and educate growers, dealers and handlers in the raising, production, marketing, and processing of beans and bean seed.
For the accomplishment of such ends with reference to snap bean seed a minimum of twenty percent (20%) of the tax collected shall be placed in a reserve fund to be used for these purposes as required.
The above twenty percent (20%) figure is the amount of tax which is the average accrued from snap bean seed production.
For the accomplishment of such ends the commission is hereby empowered to employ the necessary persons or contract for the performance of required services; to cooperate with any organization of growers in this state, whether organized by authority of law or voluntarily, engaged in carrying on similar activities, and to participate jointly with any such organization, by contract or otherwise, in financing such study and research or paying for the employment of persons or services required or in carrying out projects and programs as herein contemplated.
[22-2917, added 1957, ch. 94, sec. 7, p. 158; am. 1994, ch. 180, sec. 21, p. 435.]
The commission shall plan and carry out marketing research, and conduct a continuous campaign for commodity advertising, publicity and sales promotion to increase the consumption of beans and may contract for any advertising, publicity and sales promotion service. To accomplish such purpose the commission shall have power and it shall be the duty of the commission to disseminate information relating to:
(a) Beans and the importance thereof in preserving the public health, the economy thereof in the diet of the people and the importance therein in the nutrition of children;
(b) The manner, method and means used and employed in the production, transportation, marketing and grading of beans, and laws of the state regulating and safeguarding such production, transportation, marketing and grading;
(c) The added cost to the producer and dealer in producing and handling beans to meet the high standards imposed by the state to insure a pure and wholesome product;
(d) The reasons why producers and dealers should receive a reasonable return on their labor and investment;
(e) The problem of furnishing the consumer at all times with an abundant supply of fine quality beans at reasonable prices;
(f) Factors of instability peculiar to the vegetable industry in general, and the bean industry in particular, such as unbalanced production, effect of the weather, influence of consumer purchasing power and price relative to the cost of other items of food in the normal diet of people, all to the end that an intelligent and increasing consumer demand may be created.
(g) The possibilities of increased consumption of Idaho beans;
(h) Such other, further and additional information as shall tend to promote increased consumption of Idaho beans, and as may foster a better understanding and more efficient cooperation between producers, dealers and the consuming public;
(i) Branding, labeling, stenciling, sealing or packaging to promote and use in all ways, to advertise Idaho beans, and to protect their identity as far as possible to the final consumer.
[22-2918, added 1957, ch. 94, sec. 8, p. 158.]
(1) Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) No moneys shall be withdrawn or paid out of such accounts except upon order of the commission and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house of representatives agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited biennially by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house of representatives agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
[22-2919, added 1988, ch. 51, sec. 2, p. 75; am. 1993, ch. 327, sec. 7, p. 1200; am. 1994, ch. 180, sec. 22, p. 436; am. 1996, ch. 159, sec. 8, p. 512; am. 2003, ch. 32, sec. 7, p. 120; am. 2006, ch. 364, sec. 1, p. 1101.]
Funds received under the provisions of this chapter shall be expended for the following purposes:
(a) For the collection of the tax provided for in section 22-2921, Idaho Code, and the enforcement of all the provisions of this chapter.
(b) For the purpose of investigating and procuring better methods of production, transportation, shipment and merchandising of beans, and for the manufacture and merchandising of their by-products.
(c) For the general purpose of advertising beans for food and all other purposes.
[22-2920, added 1957, ch. 94, sec. 10, p. 158; am. 1988, ch. 51, sec. 3, p. 76.]
(1) There is hereby levied and imposed a tax of no less than sixteen cents (16¢) but no more than twenty-four cents (24¢) per hundredweight on beans covered by this chapter, which tax shall be due on or before the time when such beans are first handled in the primary channels of trade and shall be paid at such time or times as the commission may by rule or regulation prescribe, but not later than the 15th day of the month next succeeding the three (3) month period in which such beans were handled in the primary channels of trade. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax.
(2) The person first introducing beans into primary channels of trade shall be responsible for payment of the tax. If such person is the dealer or shipper handling beans grown by another he may charge against or recover from the grower of such beans half of the cost thereof, but he shall remain liable for and pay the remaining half of the cost thereof. However, if such person is the dealer or handler and is only cleaning the beans for the grower, he shall charge against or recover from the grower the entire tax imposed pursuant to subsection (1) of this section.
(3) The decision whether to adjust the amount of the tax to be levied and the time for which the adjusted levy shall be in effect shall require the vote of a simple majority or a quorum of the commission members.
[22-2921, added 1957, ch. 94, sec. 11, p. 158; am. 1970, ch. 45, sec. 2, p. 92; am. 1972, ch. 351, sec. 2, p. 1038; am. 1978, ch. 135, sec. 1, p. 309; am. 1992, ch. 91, sec. 1, p. 281; am. 2025, ch. 162, sec. 3, p. 782.]
Every dealer or handler shall keep a complete and accurate record of all beans handled by him in the primary channels of trade, such record to be in such form as the commission shall by regulation or rule prescribe. Such records shall be preserved by such dealer or handler for a period of two (2) years and shall be open to inspection at any time upon written or oral request or demand by the commission or its duly authorized agent or employee. Every dealer or handler shall at such times as the commission may by rule or regulation require file with the commission a return under oath on forms to be prescribed and furnished by the commission, stating the quantity of beans handled by such dealer or handler in the primary channels of trade during the period or periods of time prescribed by the commission, and containing such further information as the commission may require.
[22-2922, added 1957, ch. 94, sec. 12, p. 158.]
Any person who shall violate or aid in the violation of any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than $300 or imprisonment for a period not to exceed 90 days, or both such fine and imprisonment, and all fines collected for violation of this act shall be paid into the Idaho bean marketing and production promotion fund.
[22-2923, added 1957, ch. 94, sec. 13, p. 158.]
This act shall be known as the Hop Industry Act.
[22-3101, added 1955, ch. 224, sec. 1, p. 489.]
It is hereby declared, as a matter of legislative determination, that economic waste is being fostered in the hop industry of the state of Idaho by the lack of proper advertising and dissemination of information necessary for the development and promotion of the sale of hops grown in the state of Idaho and by the lack of facilities and funds for research on marketing of and markets for hops and for research to improve the quality of hops, to develop and improve control of measures for diseases and pests which attack hops, to improve hop growing culture and to disseminate information to the growers; that hop producing areas in other states are promulgating advertising and promotion campaigns for their products throughout the United States and foreign countries to the extent that hops of this state must be advertised to be able to retain their place on the markets of the United States and foreign countries; and that it is in the interest of the public welfare and general prosperity of the state of Idaho that this avoidable and unnecessary loss of markets to other producing areas be eliminated by the advertising of hops grown in the state of Idaho and that the growers have at their disposal all available information on the best and most advanced methods of growing, harvesting and marketing hops. The purpose of this act is to promote the general welfare of our people by increasing the production of and expanding the market for hops grown in the state of Idaho.
[22-3102, added 1955, ch. 224, sec. 2, p. 489.]
Wherever used or referred to in this act:
The term "commission" means the Idaho hop grower’s commission.
The term "person" means individual, partnership, corporation, association, growers or any other business unit.
The term "hops" means all hops grown, picked, dried and baled in the state of Idaho and all oils or extracts or lupulin derived therefrom but does not include hops, or any oils or extracts or lupulin derived therefrom which are grown in the state of Idaho but which are picked, or dried or baled outside of the state of Idaho and hops, or any oils, extracts or lupulin derived therefrom, which are grown outside of the state of Idaho but are picked, or dried or baled in the state of Idaho.
The term "grower" means the actual producer of hops.
The term "bale" means 200 pounds of hops net.
The term "handled in the primary channels of trade," means the time when any hops are delivered under a sales contract or delivered for shipment or delivered for processing or consumption.
The term "dealer" means and includes any person engaged in the business of buying, receiving, handling or selling hops for profit or remuneration.
[22-3103, added 1955, ch. 224, sec. 3, p. 489; am. 1963, ch. 335, sec. 1, p. 959.]
There is hereby created and established within the department of agriculture an Idaho hop grower’s commission to be known and designated as such which shall be composed of five (5) practical growers, elected as provided in section 22-3113, Idaho Code. Each member of the commission shall be a resident citizen of the state of Idaho for a period of four (4) years prior to his election, shall have had active experience and be now actually engaged in growing hops in Idaho and shall derive a substantial portion of his income from growing hops or be the directing or managing head of a corporation, firm, partnership or other business unit which derives a substantial portion of its income from growing hops. To continue holding office, each member must remain qualified. The governor may remove a member if he becomes disqualified during his term of office or for inability to carry out his duties as commissioner. Upon the establishment of the commission, one (1) member shall serve for a term of one (1) year, two (2) members shall serve for a term of two (2) years, two (2) members shall serve for a term of three (3) years and thereafter all terms of office shall be for a term of three (3) years. The term of office of each member of the commission shall terminate on the third Monday of January of the year in which the term for which the member was elected ends, but each member of the commission shall serve until his respective successor is elected and has qualified. Before entering on the discharge of their duties as members of the commission, each member shall take and subscribe to the oath of office prescribed by law. A majority of the members of the commission shall constitute a quorum for the transaction of all business and the carrying out of all duties of the commission. The commission shall annually elect a chairman from among its members. Members of the commission shall receive no salary except upon the unanimous vote of the commission; however, members, officers and employees of the commission shall be compensated as provided by section 59-509(b), Idaho Code. The commission shall adopt uniform and reasonable regulations governing the incurring and paying of such expenses.
[22-3104, added 1955, ch. 224, sec. 4, p. 489; am. 1967, ch. 216, sec. 1, p. 650; am. 1974, ch. 18, sec. 74, p. 364; am. 1980, ch. 247, sec. 14, p. 593; am. 1983, ch. 34, sec. 1, p. 84.]
The powers and duties of the commission shall include the following:
To administer and enforce this act.
To contract in the name of the commission and be contracted with.
To employ and at pleasure discharge a secretary, advertising manager, advertising agents, agents, research director, research staff, attorneys and such clerical and other help as it deems necessary and to control their powers and duties and to fix their compensation.
To keep books, records and accounts of all its dealings, which books, records and accounts of all its dealings shall be open to inspection by the state controller at all times.
To purchase or authorize the purchase of all office equipment and supplies and incur all other reasonable and necessary expenses and obligations in connection with and required for the proper carrying out of the provisions of this act.
To become a member of and purchase membership in trade organizations and to subscribe to and purchase trade bulletins, journals, and other trade publications.
To plan and conduct an advertising, publicity and sales promotion campaign to increase the sales of hops and to make such advertising, publicity and sales promotion contracts and other agreements as may be necessary.
To plan and conduct a research program on marketing of and markets for hops and a research program to improve the quality of hops, to develop and improve control measures for disease and pests which attack hops and to improve hop growing culture and to disseminate such information among the growers and to make such research contracts and other agreements as may be necessary.
To define and designate the character of the brands, labels, stencils or other distinctive marks under which hops may be marketed and to patent, copyright or otherwise protect such identifying distinctive mark, all for the purposes of securing the greatest returns to the grower and of meeting requirements of the advertising campaign of the commission and of protecting the identity of the hops as Idaho hops as near to the final consumer as possible.
To prevent any substitution of other hops for Idaho hops and to prevent the misrepresentation or the misbranding of Idaho hops at any and all times and at any and all points.
To establish and maintain the executive office of the commission at any place within the state of Idaho which designated place may be changed at the discretion of the commission.
To adopt and from time to time alter, rescind, modify or amend all proper and necessary rules, regulations, and orders for the exercise of its powers and the performance of its duties under this act.
To cooperate with the director of the department of agriculture in and to pay all or any portion of the costs incurred in the creation, administration and enforcement of any quarantine and inspection affecting hops and hop plants established pursuant to the laws of the state of Idaho.
To plan and conduct a research program for improving old varieties and developing new varieties of hops; to propagate any such improved old varieties or such new varieties of hops; to patent any such improved old varieties or such new varieties of hops and to license the propagation, growing and sale thereof; to adopt such trade names or trademarks in relation to any such improved old varieties or such new varieties of hops and to patent, copyright, or otherwise protect such names; to buy, contract to buy, receive by gift or otherwise acquire, hold, or retain legal title to such improved old varieties or such new varieties of hops including the root stock thereof and the hops produced therefrom; to sell, lease, consign, trade, exchange, or give away or otherwise dispose of any such improved old varieties or such new varieties of hops including the root stock thereof and the hops produced therefrom; to advertise and promote the commercial use of such improved old varieties and new varieties of hops; and to impose, by contract or regulation or otherwise, such conditions and restrictions as may be determined by the commission pertaining to such improved old varieties and such new varieties of hops including the root stock thereof including but not limited to conditions and restrictions limiting, restricting, prohibiting or affecting the use, distribution, acreage, production, geographical areas of planting, cultural practices used in propagation, leasing, assigning, selling, sale price, and the use of trade names and trademarks relating to such improved old varieties or such new varieties of hops including the root stock thereof and the increase thereof and the use of trade names and trademarks to designate hops produced from any such old varieties or such new varieties of hops.
To prosecute in the name of the state of Idaho any suit or action for collection of the assessment provided for in this chapter.
[22-3105, added 1955, ch. 224, sec. 5, p. 489; am. 1963, ch. 335, sec. 2, p. 959; am. 1967, ch. 216, sec. 2, p. 650; am. 1974, ch. 18, sec. 75, p. 364; am. 1977, ch. 302, sec. 1, p. 846; am. 1994, ch. 180, sec. 24, p. 438.]
(1) In addition to the powers and duties set forth in section 22-3105, Idaho Code, the commission shall have but is not limited to the following powers to promote beer made with Idaho-grown hops:
(a) To host, sponsor, or participate in activities and events dispensing or serving beer made with Idaho-grown hops to retailers, distributors, importers, evaluators, judges, and members of the public. The commission may charge an admission charge to an activity or event;
(b) To host, sponsor, or participate in activities and events promoting new markets for beer made with Idaho-grown hops, publicizing reliable information showing the value of beer made with Idaho-grown hops, or promoting research or education benefiting beer made with Idaho-grown hops by Idaho producers and growers. The commission may charge an admission charge to an activity or event;
(c) To solicit and receive donations of beer made with Idaho-grown hops for the purpose of promoting beer made with Idaho-grown hops;
(d) To purchase beer made with Idaho-grown hops for the purpose of promoting beer made with Idaho-grown hops;
(e) To donate beer made with Idaho-grown hops to activities, events, trade groups, and other individuals and entities for the purpose of promoting beer made with Idaho-grown hops; and
(f) To donate beer made with Idaho-grown hops to persons or associations for benevolent, charitable, or public purposes, subject to the provisions of section 23-1007A, Idaho Code.
(2) Notwithstanding any other provision of law, including but not limited to chapter 10, title 23, Idaho Code, the following shall apply to the commission’s activities under this section:
(a) The commission and the property owner, lessee, and operator shall not be required to hold or obtain any license, permit, or registration or to provide any notification to a public official to enable the commission, commission members, volunteers authorized by the commission, and commission employees to engage in the activities authorized by this section.
(b) The activities of the commission, commission members, volunteers authorized by the commission, and commission employees authorized by this section include but are not limited to dispensing or serving samples of beer on premises not licensed for the sale of beer by the drink.
(3) In the performance of activities authorized by this section, the commission shall observe the following limitations:
(a) The commission shall not receive any payment for the beer made with Idaho-grown hops it serves, dispenses, or donates under this section. The receipt of an admission charge to an activity or event is not the receipt of payment by the commission for beer made with Idaho-grown hops for the purposes of this section.
(b) Individuals not serving as commission members or acting as volunteers authorized by the commission or who are not commission employees are not authorized by this section to serve or dispense beer made with Idaho-grown hops. Nothing in this section shall prohibit an individual who is otherwise authorized by law to serve or dispense beer made with Idaho-grown hops from serving or dispensing such beer made with Idaho-grown hops.
(c) Where the commission dispenses or serves beer, the persons dispensing or serving beer and the recipients of the beer dispensed or served must be of legal drinking age.
[22-3105A, added 2022, ch. 89, sec. 1, p. 253.]
In addition to any other brands, labels, stencils, or other marks approved by the commission to be placed upon hops, all hops shall be branded, labeled, stenciled or marked with one (1) identifying distinctive mark defined or designated by the commission which shall identify the hops as having been grown in Idaho. This identifying distinctive mark shall be affixed in such position and manner as the commission may by rule or regulation prescribe to each container of hops or bale at the time such hops are first handled in the primary channels of trade by the person who first handled such hops in the primary channels of trade. No person shall brand, label, stencil or mark any hops, except hops as defined in this act, with such identifying distinctive mark defined or designated by the commission as herein provided.
[22-3106, added 1955, ch. 224, sec. 6, p. 489; am. 1963, ch. 335, sec. 3, p. 959.]
(1) There is hereby levied an initial assessment of twenty (20) cents per bale on each bale of hops handled in the primary channels of trade.
(2) In addition to such initial assessment, there is hereby levied an additional assessment of not exceeding four dollars and eighty cents ($4.80) per bale on each bale of hops handled in the primary channels of trade. The amount of such additional assessment, if any, shall be determined by resolution of the commission after February first but before July first of each year and shall be submitted to the growers by referendum. The term "production" for the purposes of this subsection means the number of pounds of hops produced by a grower during the calendar year immediately next preceding each annual registration of growers as herein provided. Each grower, whether an individual, a partnership, a corporation, an association or other business unit, shall have one (1) vote at such referendum. No grower shall vote at any such referendum during any year unless such grower has, after January first but prior to January fifteenth of such year, registered with the commission on forms to be supplied by the commission giving such grower’s name, mailing address and production, except that for the calendar year in which this subsection takes effect, the period for the registration of growers shall be the fifteen (15) days immediately succeeding the effective date of this subsection. The qualifications of any grower to vote or the amount of such grower’s production as shown by such grower’s registration may be challenged by any other grower qualified to vote or any member of the commission. All such challenges shall be presented to the commission in writing within ten (10) days after the close of registration and shall be heard and determined by the commission prior to canvassing the returns of any such referendum. After the adoption of a resolution by the commission fixing the amount of the additional assessment to be submitted to a referendum of the growers, the commission shall cause to be mailed by United States registered mail to each grower so registered, at the address appearing on such grower’s registration, a ballot setting forth the name of such grower, the grower’s production, a copy of the resolution so adopted, and the words, "For additional assessment as provided in the foregoing resolution" followed by a circle and the words "Against the additional assessment as provided in the foregoing resolution" followed by a circle and such ballot shall provide a space at the bottom thereof for the grower’s signature. A grower desiring to vote upon the amount of the additional assessment shall mark the ballot received to express the grower’s vote, shall sign the ballot and shall return the ballot to the commission within twenty (20) days after the date on which the ballot was mailed to the grower by the commission. Any ballot which is not returned within such time limit, or which is not voted, or which is not signed, or which is marked both for and against the question submitted, shall be deemed not to have been voted and shall not be counted for any purpose. The commission shall meet and canvass all ballots cast at any such referendum within ten (10) days after the date by which all ballots are herein required to be returned to the commission. Upon the canvass, if the commission finds that two-thirds (2/3) or more of the growers voting at such referendum have voted in favor of the amount of such additional assessment and that growers representing two-thirds (2/3) or more of the production of all growers voting at such referendum have voted in favor of the amount of such additional assessment, then the amount of such additional assessment shall have been approved, but if the commission finds otherwise, then the amount of such additional assessment shall have failed. The commission shall record the results of each canvass in its official records and shall retain all election records, grower registrations and ballots for one (1) year after the date of such canvass when it may cause the same to be destroyed. If the canvass shows that the amount of such additional assessment shall have been approved, the commission shall immediately adopt a resolution levying the amount thereof. Such additional assessment when so levied shall apply only to the bales of hops grown during the calendar year in which the referendum approving the same was held, but shall so apply regardless of the calendar year in which such bales of hops are first handled in the primary channels of trade. If the canvass shows that the amount of such additional assessment shall have failed, the commission shall not levy the amount thereof, but the commission may re-submit the same or another amount for such additional assessment to the growers by referendum as herein provided as often as the commission deems necessary.
(3) All assessments levied under this act shall be due on or before the time when such hops are first handled in the primary channels of trade and shall be paid at such time or times as the commission may by rule or regulation prescribe, but not later than the last day of the month next succeeding the month in which such hops were first handled in the primary channels of trade.
(4) The assessment constitutes a lien prior to all other liens and encumbrances upon such hops except liens which are declared prior by operation of a statute of this state.
(5) The commission by order may cancel an assessment which has been delinquent for five (5) years or more, if it determines that:
(a) The amount of the assessment is less than one dollar ($1.00), and that further collection effort or expense does not justify the collection thereof, or
(b) The assessment is wholly uncollectible.
[22-3107, added 1955, ch. 224, sec. 7, p. 489; am. 1957, ch. 12, sec. 1, p. 14; am. 1967, ch. 216, sec. 3, p. 650; am. 1992, ch. 40, sec. 1, p. 138.]
All assessments levied and imposed under and pursuant to the provisions of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the hops are first handled in the primary channels of trade.
[22-3108, added 1955, ch. 224, sec. 8, p. 489; am. 1967, ch. 216, sec. 4, p. 650.]
Every grower and dealer shall at such times as the commission may by rule or regulation prescribed, file with the commission a return under oath on forms to be prescribed by and furnished by the commission, stating the number of bales handled in the primary channels of trade during the period or periods of time prescribed by the commission and such other information as the commission may require.
[22-3109, added 1955, ch. 224, sec. 9, p. 489; am. 1967, ch. 216, sec. 5, p. 650.]
Any grower or dealer who fails to make collection or to file return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five per cent (5%) of the amount of the assessment determined to be due, as provided in this act, plus one per cent (1%) of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such assessment became due. The commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and disposed of as provided with respect to moneys derived from the assessments levied and imposed by this act.
[22-3110, added 1955, ch. 224, sec. 10, p. 489; am. 1967, ch. 216, sec. 6, p. 650.]
The commission shall have the power by its duly authorized agent or representative to enter upon the premises of any grower or dealer to examine any books, papers, records or memorandum bearing on the amount of assessments or license fees payable and to secure other information directly or indirectly concerned in the enforcement of this act. No person who is required to pay the assessments or license fees levied and imposed by this act shall by any practice or evasion make it difficult to enforce the provisions of this act by inspection, nor shall such person after demand by the commission, or any agent or representative designated by it for that purpose, refuse to allow full inspection of the premises or any part thereof or any books, records, documents or other instruments in any way relative to the liability of such person for the assessment or license fee herein imposed nor shall such person hinder or in any manner delay or prevent such inspection.
[22-3111, added 1955, ch. 224, sec. 11, p. 489; am. 1967, ch. 216, sec. 7, p. 650.]
As soon as possible after receipt, all moneys received by the commission from the assessment levied under section 22-3107, Idaho Code, and all other moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such accounts and such banks or trust companies. All funds so deposited in said institutions are hereby appropriated for the purpose of carrying out the provisions of this act.
(a) No moneys shall be withdrawn from or paid out of such accounts except upon order of the commission, and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates and countersigned by such other member, officer or employee of the commission as the commission designates. A receipt, voucher or other written record, showing clearly the nature and items covered by each check or other order, shall be kept.
(b) All moneys referred to in subsection 1 of this section shall be used by the commission only for the payment of expenses of the commission in carrying out the powers conferred on the commission.
Funds presently held by the state of Idaho in the Idaho hop grower’s commission fund shall be, and hereby are, transferred therefrom to the depository or depositories selected under this act by the commission, and the treasurer of the state of Idaho is hereby directed to transfer such funds.
The right is reserved to the state of Idaho to audit all funds of the commission at any time.
[I.C., sec. 22-3112, reen. 1967, ch. 216, sec. 8, p. 650.]
The members of the commission shall be elected by secret mail ballot under the supervision of the director of the department of agriculture. Members of the commission shall be elected by a majority of the votes cast by the grower members, each grower being entitled to one (1) vote. If a nominee does not receive a majority of the votes on the first ballot, a run-off election shall be held by mail in a similar manner between the two (2) candidates for such position receiving the largest number of votes. The cost of said election shall be paid by the commission although it is supervised by the department of agriculture.
Any office which becomes vacant before expiration of the member’s term shall be filled by election in the manner provided for regular elections, except that such office may remain vacant until the next regular election if the vacancy is for less than one (1) year. The term of the new director under this subsection shall be only for the unexpired term for which he was elected.
[I.C., sec. 22-3113, reen. 1967, ch. 216, sec. 9, p. 650; am. 1974, ch. 18, sec. 76, p. 364.]
No person shall act as dealer in hops without having obtained a license as provided in this act. Every person acting as a dealer shall file a written application with the commission for a license as such which application shall state the applicant’s name, principal business addresses within and without the state of Idaho, the name of the person authorized to receive and accept service of summons and legal notices of all kinds for the applicant within the state of Idaho and such other information as the commission may require. Each application shall be accompanied with a license fee of fifty dollars ($50.00) and by a good and sufficient surety bond in the penal sum of two thousand dollars ($2,000) executed by the applicant as principal and by a surety company authorized to do business in the state of Idaho as surety and conditioned upon the applicant’s full and complete compliance with the provisions of this act and all of the rules and orders of the commission. The commission shall investigate each applicant thoroughly and if the commission is satisfied that the applicant is of good character and reputation and is financially responsible, a license shall be issued for the period ending on the next succeeding first Monday of January, otherwise the application shall be denied. The commission may revoke a license after thirty (30) days’ written notice of its intention so to do, and after providing the licensee with an opportunity for an appropriate contested case in accordance with the provisions of chapter 52, title 67, Idaho Code, if the licensee shall wilfully fail to fully and completely comply with the provisions of this act and all of the rules and orders of the commission. Upon the revocation of such license the full amount of the bond shall be forfeited and damages in that sum shall be conclusively presumed to have been incurred by the commission. All license fees and all bond forfeitures shall be deposited as provided in section 22-3112, Idaho Code. Any person aggrieved by the final action of the commission is entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
[22-3114, added 1955, ch. 224, sec. 14, p. 489; am. 1967, ch. 216, sec. 10, p. 650; am. 1993, ch. 216, sec. 4, p. 590.]
Every person who shall violate or aid in the violation of any of the provisions of this act or any of the rules, regulations or orders of the commission adopted pursuant to the authority conferred by this act, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not exceeding ninety (90) days or by both such fine and imprisonment and all fines collected for violation of this act shall be deposited as provided in section 22-3112.
[22-3115, added 1955, ch. 224, sec. 15, p. 489; am. 1967, ch. 216, sec. 11, p. 650.]
After five (5) years from the date the commission was created, a referendum may be held at the petition of the growers or at the request of the commission. The question shall be submitted by secret mail ballots upon which the words "For continuance of the Idaho Hop Grower’s Commission" and "Against continuance of the Idaho Hop Grower’s Commission" are printed, with a square before each proposition and a direction to insert an "X" mark in the square before the proposition which the voter favors. In the event a referendum is held as provided in this section, no further referendum on the question of discontinuance of such commission shall be held within five (5) years from the date the results of the previous referendum was declared.
The referendum must be held and supervised by the department of agriculture upon its receiving either of the following:
A petition signed by 20% of the growers, or 200 growers, whichever is less. The petitioners shall pay the cost of such referendum if the commission continues but the commission must bear the cost if the majority vote is in favor of discontinuance.
A written request from the commission. The commission shall pay the cost of such referendum.
The referendum shall be held, notice thereof given, expenses thereof paid and the result determined, declared and recorded in the office of the secretary of state. No hearing or district meetings of the grower members shall be made prior to the referendum upon the question of determining whether such referendum should be held.
Notice of such referendum must be given by the commission in a manner determined by them. The ballots must also be prepared by the commission and forwarded to the grower members, who shall return them within 20 days after mailing by the commission.
[I.C., sec. 22-3116, as added by 1967, ch. 216, sec. 12, p. 650.]
If the vote at the referendum provided in section 22-3114, Idaho Code, is in favor of discontinuation, the commission shall as rapidly as possible terminate its activities, convert its assets to cash and do all other things necessary to terminate its activities. At the termination of such activities, any funds remaining in possession of the commission shall be paid to the University of Idaho for research regarding hops.
[I.C., sec. 22-3117, as added by 1967, ch. 216, sec. 13, p. 650.]
It is to the interest of all the people that the abundant natural resources of Idaho be protected, fully developed and uniformly distributed. Among the agricultural industries of the state of Idaho that contribute to the economic welfare of the state is the wheat industry. It is the purpose of this act to promote the public health and welfare of the citizens of our state by providing means for the protection, promotion, study, research, analysis and development of markets concerning the growing and marketing of Idaho wheat.
[22-3301, added 1959, ch. 6, sec. 1, p. 13; am. 2012, ch. 77, sec. 1, p. 223.]
There is hereby created and established in the department of self-governing agencies the "Idaho Wheat Commission" to be composed of five (5) members appointed by, and serving at the pleasure of, the governor, one (1) from each of the five (5) commission districts referred to in section 22-3304, Idaho Code, who shall be appointed by the governor from a list of names with at least three (3) names for each appointive office for each district submitted to the governor by the Idaho state wheat growers association, doing business as the Idaho grain producers association, and they shall hold office for a term of five (5) years. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, shall be an ex officio member without vote of the commission.
[22-3302, added 1959, ch. 6, sec. 2, p. 13; am. 1974, ch. 13, sec. 11, p. 138; am. 2012, ch. 77, sec. 2, p. 223.]
As used in this act, unless the context requires otherwise:
(1) "Commercial channels" means the sale of wheat for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat.
(2) "Commission" means the Idaho wheat commission.
(3) "First purchaser" means any person, group, association or partnership that buys wheat from the grower in the first instance, or any lienholder, public or private, including the Commodity Credit Corporation, who may possess wheat from the grower under any lien.
(4) "Grower" means any landowner personally engaged in growing wheat, a tenant of the landowner personally engaged in growing wheat, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, sharecropper or any and all other business units, devices and arrangements.
(5) "Sale" includes any pledge, mortgage or delivery of wheat for sale after harvest to any person, public or private.
(6) "Delivery" means placing of wheat into the primary channels of trade.
(7) "Crop reduction program" means an offer by an agency of the United States government to give growers an amount of wheat as payment for reducing planted acreage of wheat.
[22-3303, added 1959, ch. 6, sec. 3, p. 13; am. 1983, ch. 227, sec. 1, p. 628.]
(1) Members of the commission shall be selected and appointed because of their ability and disposition to serve the state’s interest and for knowledge of the state’s natural resources. Members shall be citizens over twenty-five (25) years of age, residents of the state who have been actually engaged in growing wheat in this state for at least five (5) years, and who derive a substantial portion of their income from growing wheat in the state of Idaho.
(2) There shall be one (1) member from each of the five (5) districts described hereinafter:
District 1. The six (6) northern counties: Boundary, Bonner, Kootenai, Benewah, Latah and Shoshone.
District 2. Nez Perce, Lewis, Idaho, Adams, Washington, Payette, Gem, Boise, Valley and Clearwater Counties.
District 3. Canyon, Owyhee, Ada, Elmore, Camas, Gooding, Twin Falls, Blaine, Lincoln, Jerome, Minidoka and Cassia Counties.
District 4. Lemhi, Custer, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bingham and Bonneville Counties.
District 5. Power, Bannock, Caribou, Oneida, Franklin and Bear Lake Counties.
[22-3304, added 1959, ch. 6, sec. 4, p. 13; am. 2012, ch. 77, sec. 3, p. 223.]
(1) Each year the governor shall appoint one (1) member to the commission for a term of five (5) years ending on June 30th; except that a member appointed to fill a vacancy occurring before the expiration of the term of a member separated from the commission for any cause, shall be appointed for the remainder of the term of the member whose position has been vacant.
(2) Each member shall hold office until his successor is appointed and qualified.
(3) The executive committee of the Idaho state wheat growers association, doing business as the Idaho grain producers association, may request the removal of a commissioner, with or without cause, by a majority vote. Upon receipt of the request, the governor may immediately withdraw the commissioner’s appointment.
[22-3305, added 1959, ch. 6, sec. 5, p. 13; am. 2012, ch. 77, sec. 4, p. 224.]
Members of the commission shall be compensated as provided by section 59-509(h), Idaho Code.
[22-3306, added 1959, ch. 6, sec. 6, p. 13; am. 1980, ch. 247, sec. 15, p. 594; am. 1990, ch. 157, sec. 1, p. 343.]
The commission shall elect a chairman and shall employ an executive director who is not a member of the commission.
[22-3307, added 1959, ch. 6, sec. 7, p. 13; am. 2000, ch. 99, sec. 1, p. 219.]
The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman or upon the written request of two (2) or more commission members. The chairman may call special meetings of the commission at any time or place.
[22-3308, added 1959, ch. 6, sec. 8, p. 13; am. 2012, ch. 77, sec. 5, p. 224.]
(1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes.
(2) In the administration of this act, the commission shall have the following duties, authorities and powers:
(a) To conduct a campaign of research, education and publicity.
(b) To find new markets for wheat and wheat products.
(c) To give, publicize and promulgate reliable information showing the value of wheat and wheat products for any purpose for which it is found useful and profitable.
(d) To make public and encourage the widespread national and international use of the special kinds of wheat and wheat products produced from all varieties of wheat grown in Idaho.
(e) To investigate and participate in studies of the problems peculiar to the producers of wheat in Idaho.
(3) The commission shall have the duty, power and authority:
(a) To take such action as the commission deems necessary or advisable in order to stabilize and protect the wheat industry of the state and the health and welfare of the public.
(b) To sue and be sued.
(c) To enter into such contracts as may be necessary or advisable.
(d) To appoint and employ officers, agents and other personnel, including experts in agriculture and the publicizing of the products thereof, and to prescribe their duties and fix their compensation.
(e) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state.
(f) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity and reciprocal enforcement.
(g) To lease, purchase or own the real or personal property deemed necessary in the administration of this act.
(h) To prosecute in the name of the state of Idaho any suit or action for collection of the tax or assessment provided for in this act.
(i) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and regulations for the procedure and exercise of its powers and the performance of its duties, including the calling of any referendum of the wheat growers in the state of Idaho as deemed necessary by the commission.
(j) To incur indebtedness and carry on all business activities.
(k) To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller at all times and to the public as set forth in chapter 1, title 74, Idaho Code.
[22-3309, added 1959, ch. 6, sec. 9, p. 13; am. 1994, ch. 180, sec. 25, p. 439; am. 2012, ch. 77, sec. 6, p. 224; am. 2015, ch. 141, sec. 34, p. 411.]
The commission may solicit and accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this chapter shall be paid into a bank account in the name of the Idaho wheat commission and such moneys are hereby continuously appropriated and made available for defraying the expenses of the commission in carrying out the provisions of this chapter.
[22-3310, added 1959, ch. 6, sec. 10, p. 13; am. 1988, ch. 191, sec. 1, p. 346; am. 2012, ch. 77, sec. 7, p. 225.]
The commission may require that the executive director, or any agent or employee appointed by the commission be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.
[22-3311, added 1959, ch. 6, sec. 11, p. 13; am. 1971, ch. 136, sec. 8, p. 522; am. 2000, ch. 99, sec. 2, p. 219; am. 2012, ch. 77, sec. 8, p. 225.]
The commission shall appoint an executive director who shall devote full time to the administration of this chapter. The executive director shall be paid a reasonable salary fixed by the commission, commensurate with his duties, and all necessary expenses.
[22-3312, added 1959, ch. 6, sec. 12, p. 13; am. 2000, ch. 99, sec. 3, p. 219; am. 2012, ch. 77, sec. 9, p. 225.]
The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.
[22-3314, added 1959, ch. 6, sec. 14, p. 13.]
(1) From and after the first day of July, 2012, there is hereby levied and imposed a tax not to exceed five cents (5¢) per bushel on all wheat grown in the state of Idaho or given to Idaho growers under a crop reduction program, and sold or contracted through commercial channels, and each and every crop grown or wheat given to growers under a crop reduction program thereafter. The tax shall be due on wheat given to growers under a crop reduction program and sold or contracted through commercial channels, regardless of any deduction of the tax on this same wheat prior to it being given to the grower. The tax shall be due on or before the time when such wheat is first sold or contracted in the commercial channels and shall be paid at such time or times as the commission may, by rule, prescribe, as hereinafter provided, but not later than the 15th day of the month next succeeding the three (3) month period in which such wheat is sold or contracted in commercial channels. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax.
(2) The tax shall be levied and assessed to the grower at the time of delivery for sale and shall be deducted by the first purchaser from the price paid to the grower at the time of sale or in case of a lienholder who may possess such wheat under his lien, the tax shall be deducted by the lienholder from the proceeds of the claim secured by such lien at the time the wheat is pledged or mortgaged. The tax shall be deducted as provided in this section whether the wheat is stored in this or any other state. The commission may, however, permit any federal corporation, such as the commodity credit corporation, to waive its responsibility for the collection of the tax, provided the amount of the tax is one dollar ($1.00) or less.
(3) It shall be within the discretion of the commission to establish the amount of the tax to be levied. The amount of the tax to be levied shall not exceed five cents (5¢) per bushel for any fiscal year. The decision whether to adjust the amount of the tax to be levied and the time for which the adjusted levy shall be in effect shall require the vote of a majority of the commission members.
(4) The tax constitutes a lien prior to all other liens and encumbrances upon such wheat except liens which are declared prior by operation of a statute of this state.
(5) Any person or firm who makes payment to the commission at a date later than that prescribed in this section may be subject to a late payment penalty as set forth by the commission by rule. Such penalty shall not exceed the rate of fifteen percent (15%) per annum on the amount due. In addition to the above penalty, the commission shall be entitled to recover all costs, fees, and reasonable attorney’s fees incurred in the collection of the tax and penalty provided for in this section.
[22-3315, added 1959, ch. 6, sec. 15, p. 13; am. 1970, ch. 36, sec. 1, p. 80; am. 1974, ch. 36, sec. 1, p. 1016; am. 1983, ch. 227, sec. 2, p. 629; am. 1990, ch. 199, sec. 1, p. 448; am. 1992, ch. 63, sec. 1, p. 195; am. 2001, ch. 105, sec. 1, p. 348; am. 2012, ch. 77, sec. 11, p. 226.]
(1) The purchaser, at the time of settlement, shall make and deliver separate invoices for each purchase to the grower.
(2) The invoices shall be on forms and in such numbers as prescribed and supplied by the commission and shall show at least:
(a) The name or names and address or addresses of the grower and seller.
(b) The name and address of the purchaser.
(c) The number of bushels of wheat sold.
(d) The date of the purchase.
(3) The invoices shall be legibly written and shall have no corrections or erasures on the face thereof.
(4) Unlawful or willful alteration of an invoice shall constitute a misdemeanor.
[22-3316, added 1959, ch. 6, sec. 16, p. 13.]
Any person who shall violate or aid in the violation of any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than three hundred dollars ($300) or imprisonment not to exceed ninety (90) days, or both. Fines collected for violation of this act shall be paid into any account of the commission established pursuant to section 22-3319, Idaho Code.
[22-3318, added 1959, ch. 6, sec. 18, p. 13; am. 2012, ch. 77, sec. 12, p. 226.]
(1) Immediately upon receipt, all moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited annually by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
[22-3319, added 1988, ch. 191, sec. 3, p. 346; am. 1993, ch. 327, sec. 8, p. 1200; am. 1994, ch. 180, sec. 26, p. 440; am. 1996, ch. 159, sec. 9, p. 513; am. 2003, ch. 32, sec. 8, p. 121.]
When used in this act:
(1) "Adulterated" means a pesticide is adulterated for the purpose of this act if the strength or purity of the pesticide is below the purported or professed standard of quality as expressed in its labeling, or any substance has been substituted wholly or in part for any ingredient of the pesticide, or any valuable constituent thereof has been omitted wholly or in part.
(2) "Antipollution device" means any mechanical equipment used to reduce hazard to the environment in cases of malfunction or shutdown of chemigation equipment during chemigation and may include, but not be limited to, interlock, irrigation line check valve, chemical line closure device, vacuum relief device and automatic low-pressure drain.
(3) "Certified applicator" means a person who has qualified as a professional applicator, or private applicator under the provisions of this act and the rules promulgated by the director.
(4) "Chemical" means any fertilizer or pesticide.
(5) "Chemigation" means any process whereby chemicals are added to irrigation water applied to land, crops or plants through an irrigation system, such as, but not limited to, agricultural, nursery, turf, lawn, golf course and greenhouse sites.
(6) "Chemigation applicator" means a person who: (a) applies chemicals through irrigation systems on land owned or rented by him or his employer; or (b) applies chemicals through irrigation systems on the land or property of another for compensation.
(7) "Defoliant" means any substance or mixture of substances intended for causing the foliage to drop from a plant, with or without causing abscission.
(8) "Department" means the Idaho department of agriculture.
(9) "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.
(10) "Designated agent" means an employee or agent of the state authorized by the director to perform various duties in connection with enforcement of this act.
(11) "Device" means an instrument or contrivance, other than a firearm, intended to trap, destroy, control, repel or mitigate any pest or any other form of plant or animal life, other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals, but does not include equipment used for the application of pesticides when sold separately therefrom.
(12) "Director" means the director of the department of agriculture of the state of Idaho.
(13) "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and, having so received, deliver or offer to deliver, pesticides in this state.
(14) "Environment" includes water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these.
(15) "EPA" means the United States Environmental Protection Agency.
(16) "Fertilizer" means any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one (1) or more plant nutrients.
(17) "General use pesticide" means any pesticide which is not a restricted-use pesticide.
(18) "Irrigation system" means any device or combination of devices having a hose, pipe, or other conduit which connects directly to any source of ground or surface water, through which water or a mixture of water and chemicals is drawn and applied to land, crops or plants. The term does not include any hand-held sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow into the water source.
(19) "Label or labeling" means the written, printed or graphic matter on or attached to the pesticide or device or any of its containers or wrappers. It would also include all other written, printed or graphic material that accompanies the pesticide or device at any time.
(20) "Land" means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.
(21) "Misbranded" shall apply to (a) any pesticide or device if its labeling bears any false or misleading statement, design or graphic representation, and (b) any pesticide if such pesticide is not labeled as required by section 22-3402, Idaho Code, and (c) any pesticide if the labeling bears any reference to the registration provisions of section 22-3402, Idaho Code, unless such reference is required by rules promulgated by the director.
(22) "Person" means any individual, partnership, association, fiduciary corporation, or any organized group of persons whether incorporated or not.
(23) "Pest" means (a) any insect, rodent, nematode, fungus, weed, or (b) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except virus, bacteria, or other microorganism on or in living man or other living animals, which the director declares to be a pest.
(24) "Pesticide" means but is not limited to (a) any substance or mixture of substances intended to prevent, destroy, control, repel or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus, except virus or fungus on or in living man or other animal, which is normally considered to be a pest or which the director may declare to be a pest, and (b) any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant, and (c) any spray adjuvant.
(25) "Pesticide dealer" means a person who distributes any restricted-use pesticide or general use pesticide except those exempted in section 22-3406, Idaho Code, or any pesticide whose uses or distribution are further restricted by the director by rule.
(26) "Pesticide equipment" means any equipment, machinery, or apparatus used in the actual application of pesticides including aircraft and ground-spraying equipment.
(27) "Pesticide industry representative" means a person who is a pesticide manufacturer’s representative, distributor’s representative, or any field representative of any company or organization that deals in agricultural commodities, who uses or supervises the application of restricted-use pesticides solely for the purpose of demonstrating the use of the restricted-use pesticide.
(28) "Plant regulator" means any substance or mixture of substances intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments.
(29) "Private applicator" means a person who: (a) uses or supervises the use of restricted-use pesticides to produce agricultural commodities or forest crops on land owned or rented by him or his employer; or (b) applies restricted-use pesticides on the property of another without compensation other than the trading of personal services between producers of agricultural commodities.
(30) "Professional applicator" means a person who: (a) applies pesticides upon the land or property of another for compensation; or (b) uses or supervises the use of restricted-use pesticides and is not a private applicator; or (c) offers or supplies technical advice or recommendations regarding the use of agricultural pesticides.
(31) "Restricted area" means an area established under the provisions of section 22-3419, Idaho Code, to prohibit or restrict the application of pesticides in order to prevent injury to land, people, animals, crops or the environment.
(32) "Restricted-use pesticide" means any pesticide or pesticide use classified for restricted use by the administrator of EPA.
(33) "Spray adjuvant" means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own intended to be used with any other pesticide as an aid to the application or to the effect thereof, and which is in a separate container from that of the pesticide with which it is to be used.
(34) "State restricted pesticide use" means any pesticide use which, when used as directed in accordance with a widespread and commonly recognized practice, may be further restricted when the director determines, subsequent to a hearing, that additional restrictions are needed for that use to prevent unreasonable adverse effects on the environment including man, lands, beneficial insects, animals, crops and wildlife, other than pests.
(35) "Under the direct supervision of a certified private applicator" means that, unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified private applicator if it is applied by a competent person acting under the instructions and control of a certified private applicator who is available if and when needed, even though the certified private applicator is not physically present at the time and place the pesticide is applied.
(36) "Unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.
(37) "Wildlife" means all living things that are neither human, domesticated, nor as defined in this act, pests, including but not limited to, mammals, birds and aquatic life.
[22-3401, added 1976, ch. 190, sec. 2, p. 688; am. 1990, ch. 269, sec. 1, p. 759; am. 1996, ch. 22, sec. 1, p. 41; am. 1999, ch. 69, sec. 3, p. 181; am. 2024, ch. 52, sec. 1, p. 261.]
(1) Any pesticide which is distributed within this state shall be registered with the department, and such registration shall be renewed annually.
(2) The registrant shall file with the department a statement including:
(a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant; and
(b) the name of the pesticide; and
(c) a complete copy of the labeling except for annual renewals where the registrant has certified that the product label on file with the department is unchanged; and
(d) if requested by the director the registrant shall furnish efficacy data upon which all the label claims are based for those products registered for special local needs as provided for in Section 24(c) of the Federal Insecticide, Fungicide, Rodenticide Act; and
(e) such other information as the director may require.
(3) Contents of the label:
(a) All pesticide labels shall contain statements, words, graphic material and any other information required by federal laws; and
(b) all labels for spray adjuvants shall contain but are not limited to:
The name of the pesticide; and
the name and address of the manufacturer. An unqualified name and address listed on the label shall be considered the manufacturer’s name and address; and
the registrant’s name and address. If the registrant’s name appears on the label and the registrant is not the manufacturer, it must be qualified by appropriate wording such as "packaged for or distributed by"; and
the net contents; and
the name and type of functioning agents. If more than three (3) agents are present, only the three (3) principal agents need be named; and
the total percentage of constituents ineffective as a spray adjuvant; and
directions for use.
(4) Pesticides which have identical ingredient statements, identical label claims, are manufactured by the same company, and the labels of which bear a designation identifying the products as the same pesticide may be registered as a single pesticide provided the additional product names and labels are supplied and specified as one (1) pesticide.
(5) The director may register a pesticide if he determines that, when considered in connection with any restrictions imposed under section 22-3419, Idaho Code:
(a) Its composition is such as to warrant the proposed claims for it; and
(b) its labeling and other material required to be submitted comply with requirements of federal law and Idaho law; and
(c) it will not cause an unreasonable adverse effect on the environment; and
(d) in the case of an application for registration for a special local need:
A special local need exists, and
authority to issue the registration in question has been obtained from the administrator of EPA, pursuant to Section 24(c), Federal Insecticide, Fungicide, Rodenticide Act.
(6) The registrant shall pay an annual registration fee as prescribed by rule.
(7) If the application for renewal is not filed with the department prior to January 1 of each year a late penalty fee of five dollars ($5.00) per product shall be assessed and added to the original fee and shall be paid prior to the issuing of the renewal registration. No penalty fee shall be assessed if the applicant furnishes an affidavit stating that he did not distribute such unregistered pesticide subsequent to the expiration of registration of that pesticide.
(8) The director, whenever he deems it necessary in the administration of this act, may require the submission of the complete formula of any pesticide.
(9) A registration shall expire on December 31 following issuance unless the registration has been suspended or revoked as provided for in paragraph (10) of this section.
(10) Refusal to register, suspension:
(a) If it does not appear to the director that the composition of the pesticide is such as to warrant the proposed claims for it, or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this act or rules adopted thereunder, he shall notify the applicant of the manner in which the pesticide, labeling or other material required to be submitted fails to comply with the provisions of this act so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the required changes, the director may refuse to register the pesticide. The applicant may request a hearing as provided for in the provisions of chapter 52, title 67, Idaho Code.
(b) When the director determines that a pesticide or its labeling does not comply with the provisions of this act or the rules adopted thereunder, or when necessary to prevent unreasonable adverse effects on the environment, he may suspend, revoke, or modify the registration of such pesticide in accordance with the provisions of chapter 52, title 67, Idaho Code.
(11) Exemptions:
(a) The following pesticides are exempt from subsection (1) of this section:
A pesticide that is shipped intrastate from one plant to another operated by the same person solely for the purpose of repackaging or for use as a constituent part of another pesticide produced at the second plant; and
a pesticide labeled for experimental use only under the provisions of Section 5 of the Federal Insecticide, Fungicide, Rodenticide Act or section 22-3403, Idaho Code; and
a pesticide that is transported through the state to a destination outside of the state; and
a pesticide that is manufactured within the state solely for the purpose of exportation.
(b) Federal, state of Idaho, and other governmental agencies are exempt from subsections (6) and (7) of this section.
[22-3402, added 1976, ch. 190, sec. 2, p. 692; am. 1993, ch. 54, sec. 1, p. 142; am. 1996, ch. 22, sec. 2, p. 47.]
Provided that the state is authorized by the Administrator of EPA to issue experimental permits and subject to the terms and conditions of such authorization, the director may:
(1) Issue an experimental permit to any person applying for an experimental permit if he determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide for a special local need under section 22-3402(5), Idaho Code, and that the pesticide use under the proposed terms and conditions would not cause unreasonable adverse effects on the environment.
(2) Prescribe terms, conditions, and period of time for the experimental permit.
(3) Revoke or modify any experimental permit, at any time, if he finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
[22-3403, added 1976, ch. 190, sec. 2, p. 695; am. 1996, ch. 22, sec. 3, p. 49.]
(1) The director may classify pesticide applicator licenses issued under this act. Such classifications may include but are not limited to professional applicators, private applicators, and chemigation applicators. Separate licensing requirements and testing procedures may be utilized for each classification.
(2) Chemigation Applicators. Any user of a chemigation system must be at least eighteen (18) years of age and shall be certified for competency by the department.
(a) On the application to perform chemigation, the applicant must certify that the equipment and system he plans to use for chemigation meet department standards and provide other relevant information.
(b) Financial requirements and fees for chemigation certification shall be commensurate with state requirements for professional and private applicators.
(3) Professional Applicators. No person shall act as a professional applicator without first obtaining a professional applicator’s license issued by the department.
(a) Application for a license shall be on a form prescribed by the department and shall be accompanied by a fee as prescribed by rule;
(b) An applicant must be at least eighteen (18) years of age and must pass the department’s examination in order to demonstrate his knowledge of how to apply, use and handle pesticides or chemicals in areas relevant to the operations he intends to undertake, or proper equipment and methods for injecting chemicals through irrigation systems;
(c) Show proof of financial responsibility as prescribed by rule;
(d) An examination fee will be charged as prescribed by rule and an additional examination fee of five dollars ($5.00) shall be charged when an exam is requested at other than a regularly scheduled examination date; and
(e) If at any time a licensed professional applicator fails to maintain the financial responsibility required by paragraph (c) of this subsection, his license shall be automatically suspended until the department receives verification that he is in compliance with paragraph (c) of this subsection.
(4) Private Applicator. No person shall act as a private applicator without first obtaining a private applicator license issued by the department.
(a) Application for a license shall be on a form prescribed by the department;
(b) An applicant must be at least eighteen (18) years of age and must pass the department’s examination in order to demonstrate his knowledge of how to apply, use and handle pesticides or chemicals in areas relevant to the operations he intends to undertake or proper equipment and methods for injecting chemicals through irrigation systems; and
(c) An applicant must pay a license fee as prescribed by rule.
(5) If the director finds an applicant qualified for a professional, private, or chemigation applicator’s license, and if an applicant applying for a license to engage in the application of pesticides or chemicals has met all of the requirements of any applicable federal or state laws, regulations and rules, the director shall issue the license. The license or permit may restrict the applicant to the use of a certain type or types of equipment, pesticides or chemicals. If a license or permit is not issued as applied for, the department shall inform the applicant in writing of the reasons therefor.
(6) The director may by rule require professional applicators to maintain and furnish records forthwith pertaining to the application of pesticides and other relevant information as he may deem necessary.
(7) Licenses issued to dealers and professional, private, and chemigation applicators shall expire as designated by the director unless suspended or revoked as provided for in section 22-3409, Idaho Code.
(8) Exemptions:
(a) The following persons are exempt from subsections (3), (4), and (5) of this section:
(i) Any person applying pesticides other than restricted-use pesticides for himself or on an exchange of service basis, and who does not publicly hold himself out as a professional applicator;
(ii) Any person using hand-powered equipment to apply pesticides other than restricted-use pesticides to lawns, or to ornamental trees and shrubs and who employs two (2) or fewer persons in his business who apply pesticides and is not holding himself out as a professional applicator;
(iii) Any industry, governmental, university of Idaho research personnel and extension research personnel who apply pesticides other than restricted-use pesticides to experimental plots or to demonstrate the use of pesticides; and
(iv) Any veterinarian who applies pesticides as an integral part of his business and does not publicly hold himself out as a professional applicator.
(b) Federal, state, and other governmental agencies are exempt from the licensing fees provision of subsections (3) and (4) of this section.
(c) Professional applicators who do not apply pesticides may receive an exemption from the proof of financial responsibility required in subsection (3)(c) of this section, upon submitting a completed form prescribed by the department.
[22-3404, added 1976, ch. 190, sec. 2, p. 695; am. 1984, ch. 148, sec. 1, p. 347; am. 1987, ch. 104, sec. 1, p. 214; am. 1987, ch. 299, sec. 1, p. 635; am. 1993, ch. 54, sec. 2, p. 144; am. 1996, ch. 22, sec. 4, p. 49; am. 1997, ch. 15, sec. 1, p. 19; am. 1999, ch. 69, sec. 4, p. 184; am. 2000, ch. 159, sec. 1, p. 402; am. 2010, ch. 48, sec. 1, p. 87; am. 2024, ch. 52, sec. 2, p. 264; am. 2025, ch. 211, sec. 14, p. 980.]
No person shall act as a pesticide dealer without first obtaining a pesticide dealer’s license issued by the department.
(1) Licensing:
(a) Application for a pesticide dealer’s license shall be on a form prescribed by the department and shall be accompanied by a fee as prescribed by rule; and
(b) an applicant who sells restricted-use pesticides must pass the department’s examination and obtain a professional applicator’s license in order to demonstrate his knowledge of how to use and handle pesticides in areas relevant to the operation he intends to undertake; and
(c) such application shall be due as prescribed by rule; and
(d) a license shall be required for each location, outlet, or warehouse from which such pesticides are distributed; and
(e) for an applicant selling restricted-use pesticides an examination fee will be charged as prescribed by rule and an additional examination fee of five dollars ($5.00) shall be charged when an exam is requested at other than a regularly scheduled examination date.
(2) Records and Reports:
(a) Restricted-use pesticides or devices: The director shall require a pesticide dealer to keep accurate sale and distribution records of restricted-use pesticides or devices as prescribed by rule;
(i) The director may also require a pesticide dealer to maintain other records and furnish reports for restricted-use pesticides or devices he determines necessary to implement the provisions of this act; and
(ii) Records shall be maintained for three (3) years and be available for inspection and reproduction by the director at all reasonable times; and
(iii) The dealer shall be required to post total sales of each restricted-use pesticide by county and shall not include detailed customer sales records or customer invoice records. This report shall be furnished to the director no more than two (2) times per year as prescribed by rule.
(b) General use pesticides: The director shall require a pesticide dealer to keep accurate sale and distribution records as prescribed by rule of general use pesticides except those exempted in subsection (4) of this section.
(i) Records shall be maintained for three (3) years and be available for inspection and reproduction by the director at all reasonable times; and
(ii) The dealer shall be required to report total sales of each general use pesticide by county and shall not include detailed customer sales records or customer invoice records. This report shall be furnished to the director no more than two (2) times per year as prescribed by rule; and
(iii) The director may require dealers to furnish other reports of these records in the case of emergency as provided by rule.
(3) Pesticide dealers shall sell restricted-use pesticides (RUP) only to licensed professional and private applicators, and dealers; however, pesticide dealers may sell an RUP to an unlicensed person provided the application of the RUP is made by a licensed professional applicator or licensed private applicator.
(4) Exemptions:
(a) A manufacturer’s representative or wholesale distributor shall be exempt from subsection (1) of this section provided such representative or distributor does not have a warehouse in Idaho that pesticides are sold, stored or distributed from; and
(b) federal, state and other governmental agencies are exempt from the examination and licensing fees of this section; and
(c) the director may exempt a pesticide from the provisions of subsection (1) or (2) of this section by rule if it is determined that licensing or recordkeeping is not necessary for selling the pesticide.
(5) A user of a pesticide, without obtaining a pesticide dealer’s license, may for the exclusive purpose of keeping it from becoming a waste, distribute a properly labeled pesticide to another user who is legally entitled to use that pesticide.
[22-3406, added 1976, ch. 190, sec. 2, p. 698; am. 1984, ch. 148, sec. 3, p. 350; am. 1990, ch. 269, sec. 2, p. 762; am. 1992, ch. 43, sec. 1, p. 143; am. 1993, ch. 54, sec. 4, p. 147; am. 1996, ch. 22, sec. 6, p. 52; am. 1999, ch. 69, sec. 5, p. 186; am. 2000, ch. 142, sec. 1, p. 370; am. 2001, ch. 249, sec. 1, p. 901.]
Any person who supplies or sells at retail a chemical and who knows or has reason to know that the chemical will be applied by chemigation shall sell chemicals only to licensed chemigation applicators.
[22-3406A, added 1999, ch. 69, sec. 6, p. 187; am. 2024, ch. 52, sec. 3, p. 266.]
The chemigator shall be responsible for assuring that the irrigation system and chemigation equipment functions properly.
[22-3406B, added 1999, ch. 69, sec. 7, p. 187.]
The director may renew any applicant’s license or permit issued under the provisions of this act provided the applicant has met the requirements imposed by the director to ensure that the applicant continues to meet the requirements of changing technology and to assure the proper and safe use of pesticides or chemicals.
[22-3407, added 1976, ch. 190, sec. 2, p. 699; am. 1999, ch. 69, sec. 8, p. 187.]
Any person who utilizes an irrigation system for chemigation shall comply with any standards and requirements which are established pursuant to section 22-3421, Idaho Code, and shall be certified and licensed as provided in this chapter.
[22-3407A, added 1999, ch. 69, sec. 9, p. 188.]
The department shall compile a list of the types of chemigation systems or portions thereof which may be used by persons to apply chemicals through an irrigation system in accordance with the rules promulgated under section 22-3421, Idaho Code. This list shall be made public and constitutes state recognition of a chemigation system.
[22-3407B, added 1999, ch. 69, sec. 10, p. 188.]
(1) The department may issue and enforce a written stop sale, use or removal order to the owner or custodian of any pesticide or device to hold such pesticide or device at a designated place when the department finds such pesticide or device being distributed in violation of any of the provisions of this act or rules, or is likely to cause unreasonable adverse effects on the environment. The director shall release the pesticide or device by written order when the owner or custodian has complied with all of the provisions of this act and rules.
(2) The department may issue and enforce a written or printed chemigation stop work order to any person engaged in, conducting or carrying on chemigation when the department finds the chemigation is in violation of the provisions of this chapter or any rules promulgated pursuant to this chapter.
(3) The chemigation stop work order shall be in effect until the provisions of this chapter or rules promulgated pursuant to this chapter have been complied with.
[22-3408, added 1976, ch. 190, sec. 2, p. 699; am. 1996, ch. 22, sec. 7, p. 53; am. 1999, ch. 69, sec. 11, p. 188.]
The director is authorized subsequent to a hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, to deny, suspend, revoke or modify any license or permit provided for in this act in any case in which he finds that the holder of an applicator’s license, operator’s license or permit has been convicted or is subject to a final order imposing a civil penalty under Section 14, Federal Insecticide, Fungicide, Rodenticide Act, or that there has been a failure or refusal to comply with the provisions of this act or rules promulgated by the director.
[22-3409, added 1976, ch. 190, sec. 2, p. 699; am. 1996, ch. 22, sec. 8, p. 53.]
The director may at his discretion issue a license or permit without examination to a nonresident who is licensed or certified in another jurisdiction where the requirements are substantially in accordance with the provisions of this act.
[22-3410, added 1976, ch. 190, sec. 2, p. 700.]
Any person who has been issued a license or permit under the provisions of this act shall immediately notify the department in writing when he changes his address or place of business.
[22-3411, added 1976, ch. 190, sec. 2, p. 700; am. 1996, ch. 22, sec. 9, p. 54.]
All authority vested in the director by virtue of the provisions of this act may with like force and effect be executed by designated employees of the department of agriculture as the director may from time to time designate for said purpose.
[22-3412, added 1976, ch. 190, sec. 2, p. 700.]
Partially full or empty pesticide containers shall be disposed of as prescribed by the Idaho department of environmental quality and in accordance with federal regulations.
[22-3413, added 1976, ch. 190, sec. 2, p. 700; am. 2001, ch. 103, sec. 4, p. 260.]
(1) For the purpose of carrying out the provisions of this act the director may enter on any public or private premises at reasonable times in order to have access for the purpose of observing the use and application of pesticides, inspecting records that are required to be maintained by this act, chemigation equipment and standards, chemical use for chemigation, spraying equipment, storage facilities, disposal areas, investigating complaints of injury, inspection and sampling of land and sampling pesticides being distributed, offered for sale, applied or to be applied. The department shall conduct annual chemigation system inspections to assure the effectiveness of the chemigation system from keeping chemicals out of surface and ground water.
(2) Should the director be denied access to any land where such access was sought for the purposes set forth in this act, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may, upon such application, issue the search warrant for the purposes requested.
[22-3414, added 1976, ch. 190, sec. 2, p. 700; am. 1999, ch. 69, sec. 12, p. 189; am. 2024, ch. 52, sec. 4, p. 266.]
All fees collected under the provisions of this act shall be deposited with the state treasurer and be credited to the pesticide fund of the department of agriculture to be used only for carrying out the provisions of this act.
[22-3415, added 1976, ch. 190, sec. 2, p. 700.]
The director is authorized to cooperate with and enter into agreements with any other state or federal agency in order to carry out the provisions of this act and to assure uniformity of rules and regulations.
[22-3416, added 1976, ch. 190, sec. 2, p. 701; am. 1996, ch. 22, sec. 10, p. 54.]
(1) Any individual suffering loss or damage resulting from the use or application by others of any pesticide must file with the department a written report of loss which contains but is not limited to the following information:
(a) The name and address of the claimant; and
(b) the type of property alleged to be damaged; and
(c) the name of the individual applying the pesticide and allegedly responsible; and
(d) the name of the owner or lessee of the property for whom such application of pesticide was made.
This report must be filed within sixty (60) days of the occurrence of the alleged damage, or prior to the harvest of more than twenty-five percent (25%) of such damaged crop.
(2) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered a bar to the maintenance of any criminal or civil action.
(3) The failure to file such a report shall not be a violation of this act.
(4) The department may investigate and determine the nature and extent of the alleged damage.
(5) The department shall prepare and file in its office a report of its investigation.
(6) Copies of the report made by the department may be given upon request to individuals who are financially interested in the matter.
[22-3417, added 1976, ch. 190, sec. 2, p. 701.]
There shall be no liability on the part of and no action for damages against any aerial pesticide applicator for the noise of application in the vicinity of a ratite farm if the applicator notifies the owner of the ratites not less than twenty-four (24) hours nor more than forty-eight (48) hours prior to the application. Provided however, that the applicator shall follow all federal aviation administration rules and regulations and all state statutes and rules regarding aerial applications. The provisions of this section shall not limit liability for harassment or willful violations of state or federal law or rules or regulations promulgated pursuant to those laws.
[22-3417A, added 1995, ch. 217, sec. 1, p. 755.]
Any person who intentionally and willfully makes a damage claim to a law enforcement agency or the Idaho state department of agriculture knowing such report to be false shall be guilty of a misdemeanor.
[22-3417B, added 2024, ch. 88, sec. 1, p. 427.]
(1) The director may by rule restrict or prohibit the use of pesticides if he finds that the labeled use of such pesticides requires the rules restricting their use are necessary to prevent injury to land, people, animals, crops or the environment other than the pests of vegetation which they are intended to destroy.
(2) The areas affected, and the time and conditions of use of such restricted-use pesticides shall be prescribed by rule.
[22-3418, added 1976, ch. 190, sec. 2, p. 701; am. 1996, ch. 22, sec. 11, p. 54.]
(1) The director may upon his own initiative, or upon the petition of a number of owners, lessees or operators of land in an area within a county or two (2) or more contiguous counties in the state may, if it is deemed necessary, issue a proposal to establish a restricted area. The proposal shall set forth the boundaries of the area and the rules proposed to govern the use of pesticides. The director shall hold a hearing in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code, at a place in reasonable proximity to the proposed area. As soon as possible after completion of the hearing, the director shall make rules applicable thereto or refuse to take such action. The order shall be based on substantial evidence of record at the hearing and shall include findings of fact upon which it is based; Provided, however, that whenever twenty-five (25) or more landowners, representing at least seventy percent (70%) of the acres of land situated within the proposed area, shall sign a petition requesting that a referendum be held, the director shall then conduct a referendum as set forth in subsection (2) of this section.
(2) Whenever in the judgment of the director, the need for the creation of a restricted area cannot be adequately determined by the director after investigation, the director shall conduct a referendum on this question of necessity, by ballot in the area concerned at a public hearing, after notice, setting the time and place, once each week for two (2) weeks before the hearing has been published in a newspaper of general circulation in the area affected. Any person owning, leasing or operating three (3) acres or more within the proposed area is eligible to vote in the referendum. Unless the votes cast in favor of the creation of a restricted area constitute a two-thirds (2/3) majority of those voting, the area shall not be created. If there is such majority, the director shall then issue a proposal in accordance with subsection (1) of this section.
[22-3419, added 1976, ch. 190, sec. 2, p. 702; am. 1996, ch. 22, sec. 12, p. 54.]
No person shall:
(1) Use a pesticide in a manner inconsistent with its labeling except as provided for by rule.
(2) Make pesticide recommendations in a manner inconsistent with its labeling except as provided for by rule.
(3) Make false or misleading claims through any media relating to the effect of pesticides or application methods to be utilized.
(4) Operate a faulty or unsafe pesticide spray apparatus, aircraft, or other application device or equipment.
(5) Operate a faulty or unsafe chemigation system.
(6) Apply ineffective or improper pesticides.
(7) Make false, misleading or fraudulent records, reports or application forms required by the provisions of this act.
(8) Apply pesticides in a faulty, careless, or negligent manner.
(9) Refuse or neglect to keep and maintain records required by the provisions of this act, or to make reports when and as often as required.
(10) Distribute, sell or offer for sale any pesticide or device which is misbranded.
(11) Formulate, distribute, sell or offer for sale any pesticide which is adulterated.
(12) Distribute, sell or offer for sale any pesticide except in the manufacturer’s original unbroken container.
(13) Refuse or neglect to comply with any limitations or restrictions placed on a license or permit issued under the provisions of this act.
(14) Refuse or neglect to comply with any other provisions of this act or rule, or any lawful order of the director.
(15) Aid or abet a licensed or an unlicensed person to evade the provisions of this act, conspire with such licensed or an unlicensed person to evade the provisions of this act, or allow one’s license or permit to be used by another person.
(16) Make false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land.
(17) Impersonate any federal, state, county or city inspector or official.
(18) Use or supervise the use of any restricted-use pesticide, or any state restricted-use pesticide without having complied with the licensing requirements pursuant to this act, and such other restrictions as had been determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator, persons, or land, provided, that a person who is not a certified applicator but an employee of a licensed private applicator may use a restricted-use pesticide or a state restricted-use pesticide under the direct supervision of the licensed private applicator unless otherwise prescribed by the labeling of the pesticide.
(19) Use or supervise the use of a chemical in a chemigation system without having complied with the licensing requirements pursuant to this act and rules, and such other restrictions as have been determined by the director. A person who is not a certified applicator but an employee of a licensed private applicator may use chemicals under the direct supervision of a licensed private applicator unless otherwise prescribed by the labeling of the chemical.
(20) Chemigate without installing the proper chemigation equipment to protect against surface or ground water contamination.
(21) Fail to abide by the conditions of a stop sale, use or removal order, or chemigation stop work order.
(22) Offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and, having so received, deliver or offer to deliver, chemicals for chemigation to an unlicensed person.
[22-3420, added 1976, ch. 190, sec. 2, p. 702; am. 1993, ch. 54, sec. 5, p. 149; am. 1996, ch. 22, sec. 13, p. 55; am. 1999, ch. 69, sec. 13, p. 189.]
(1) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this act including, but not limited to, rules providing for:
(a) The collection and examination of samples of pesticides or devices; and
(b) the safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers; and
(c) procedures in making pesticide recommendations; and
(d) procedures for obtaining permits; and
(e) regulating the labeling of devices; and
(f) procedures to take possession and dispose of canceled, suspended, or otherwise unusable pesticides held by persons. For the purpose of this section, the department may become a hazardous waste generator, and may set fees to partially offset an agricultural chemical waste disposal program’s cost; and
(g) antipollution devices, chemigation equipment requirements, performance standards and installation requirements; and
(h) listing of the sites where chemigation will be conducted by the applicator.
(2) Such rules shall be promulgated in accordance with chapter 52, title 67, Idaho Code.
[22-3421, added 1976, ch. 190, sec. 2, p. 704; am. 1992, ch. 43, sec. 2, p. 145; am. 1996, ch. 22, sec. 14, p. 56; am. 1999, ch. 69, sec. 14, p. 190.]
Any person operating as a professional or private applicator or dealer without a license shall forfeit to the state for each day’s operation one hundred dollars ($100) as a civil penalty and such operation may be enjoined upon complaint of the director.
[22-3422, added 1976, ch. 190, sec. 2, p. 704; am. 1996, ch. 22, sec. 15, p. 56.]
(1) Any person who shall forge, alter, counterfeit, simulate or falsely represent, or who shall without proper authority use any license issued by the director under this act, or who shall violate or fail to comply with any provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisoned in the county jail for not less than three (3) months nor more than twelve (12) months or be subject to both such fine and imprisonment.
(2) Any person who violates or fails to comply with any provision of this act or any rules promulgated under this act may be assessed a civil penalty by the department or its duly authorized agent of not more than three thousand dollars ($3,000) for each offense and shall be liable for reasonable attorney fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under this section 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 by the department to have occurred. Moneys collected for violation of a rule shall be deposited in the state treasury and credited to the pesticide account of the department.
(3) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interests will be best served by suitable warnings or other administrative action.
[22-3423, added 1976, ch. 190, sec. 2, p. 704; am. 1990, ch. 269, sec. 3, p. 763; am. 1996, ch. 22, sec. 16, p. 56.]
Any person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code. The review may be obtained by filing in the district court within thirty (30) days’ notice of the action of the director, a written petition praying that such action be set aside. A copy of such petition shall forthwith be delivered to the director, and within thirty (30) days thereafter the director shall certify and file in the district court of the area affected a transcript of any record pertaining thereto, including a transcript of evidence received at any hearing of referendum. The district court shall give notice, by United States mail, to the director of the department of agriculture, and to the petitioner or petitioners, of the time and place at which the court will hear such petition, at which time any interested party may be heard. Upon completion of the hearing the court shall affirm, set aside or modify the action of the director, except that the findings of the director as to the facts, if supported by substantial evidence, shall be conclusive.
[22-3424, added 1976, ch. 190, sec. 2, p. 705; am. 1996, ch. 22, sec. 17, p. 57; am. 2001, ch. 183, sec. 4, p. 615.]
If any clause, sentence, paragraph, or part of this act shall, for any reason, be adjudged by a competent court of jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which said judgment shall have been rendered.
[22-3425, added 1976, ch. 190, sec. 2, p. 705.]
Notwithstanding any other provision of law to the contrary, no city, county, taxing district or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, resolution or statute regarding pesticide sale, use, or application including without limitation: registration, notification of use, advertising and marketing, distribution, application methods, applicator training and certification, storage, transportation, disposal, disclosure of confidential information or product composition. Nothing contained in this section shall prohibit or limit fire prevention personnel or fire extinguishing personnel of a city, county or fire protection district from conducting inspections pursuant to or enforcing the International Fire Code.
[22-3426, added 1994, ch. 102, sec. 1, p. 231; am. 1995, ch. 106, sec. 1, p. 340; am. 1996, ch. 22, sec. 18, p. 58; am. 2002, ch. 86, sec. 2, p. 196.]
It is to the interest of all the people that the abundant natural resources of Idaho be protected, fully developed and uniformly distributed. Among the agricultural industries of the state of Idaho that contribute to the economic welfare of the state is the welfare and well-being of the people of this state by providing means for the development of markets, production research, new product development and promotion of dry peas and lentils grown in Idaho.
[22-3501, added 1965, ch. 106, sec. 1, p. 192.]
There is hereby created and established in the department of self-governing agencies the Idaho pea and lentil commission to be composed of six (6) members. Five (5) of the members shall be growers and one (1) of the members shall be a processor or dealer. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, shall be an ex officio member without vote of the commission.
[22-3502, added 1965, ch. 106, sec. 2, p. 192; am. 1974, ch. 13, sec. 12, p. 138; am. 2011, ch. 54, sec. 1, p. 118.]
As used in the act, unless the context requires otherwise:
(1) The term "peas and lentils" means dry peas, lentils, chickpeas and garbanzos grown in the state of Idaho except it does not include wrinkled varieties of peas grown for seed or chickpeas or garbanzos grown south of the Salmon River.
(2) "Commercial channels" means the sale of peas or lentils for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any person, public or private, who resells any pea or lentil product produced from peas or lentils.
(3) "Commission" means the Idaho pea and lentil commission.
(4) "First purchaser" means any person, group, association, partnership, or corporation that buys peas or lentils from the grower in the first instance, or any lienholder, public or private, including the commodity credit corporation, who may possess peas or lentils from the grower under any lien.
(5) "Grower" means any landowner personally engaged in growing peas or lentils, a tenant of the landowner personally engaged in growing peas or lentils, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, sharecropper or any and all other business units, devices and arrangements, who has grown or marketed peas or lentils in either of the preceding two (2) years.
(6) "Sale" includes any pledge, mortgage, trade, or contract device, or delivery of peas or lentils for sale or payment after harvest to any person, public or private.
(7) "Deliver" means placing of peas or lentils into the primary channels of trade.
(8) "Dealer" means any person, group, association, partnership or corporation which acts as principal or agent or otherwise in selling, marketing, warehousing, or distributing dry peas or lentils not produced by such person, group, association, partnership or corporation.
(9) "Processor" means any person, group, association, partnership or corporation which acts as principal or agent or otherwise in processing dry peas or lentils not produced by such person, group, association, partnership or corporation.
[22-3503, added 1965, ch. 106, sec. 3, p. 192; am. 1997, ch. 154, sec. 1, p. 436.]
Grower members of the commission shall be selected because of their ability and disposition to serve the state’s interest and for knowledge of the state’s natural resources. Members shall be citizens over twenty-five (25) years of age, residents of the state who have been actually engaged in growing peas or lentils in this state for at least three (3) of the previous five (5) years, and who derive a substantial portion of their income from growing peas or lentils in the state of Idaho.
[22-3504, added 1965, ch. 106, sec. 4, p. 192.]
Dealer and processor members of the commission shall be residents of the state of Idaho and be selected because of their ability and disposition to serve the state’s interest and for knowledge of the state’s natural resources. They shall be practical dealers or processors of dry peas or lentils and shall be citizens over twenty-five (25) years of age and who have been, either individually or as officers or employees of a corporation, firm, partnership, association, or other business having a place of business within the state of Idaho and actually engaged in the processing, selling, marketing or distributing of dry peas or lentils within the state of Idaho for a period of five (5) years and has during that period derived a substantial portion of its income therefrom.
[22-3505, added 1965, ch. 106, sec. 5, p. 192.]
(1) The governor shall appoint six (6) persons to the commission based upon submitted nominee petitions. One (1) member shall be a dealer or processor and five (5) members shall be growers.
(a) Growers, dealers and processors shall nominate from among themselves, by petition, not more than two (2) names for each position to be filled on the commission.
(b) In the case of grower members, petitions shall be signed by not less than fifteen (15) qualified growers. The nominations made shall be, as near as practicable, representative of lentils, dry peas and chickpeas.
(c) Petitions for dealer or processor members shall be signed by not less than three (3) qualified processors or dealers.
(2) The first members of the commission shall draw lots to determine their respective terms of office. Two (2) of the original members shall serve for one (1) year; two (2) of the original members shall serve for two (2) years; and three (3) of the original members shall serve for three (3) years, provided however, that the terms of office of both dealer members of the commission shall not expire in the same year. The term of office of members of the commission thereafter shall be three (3) years, commencing on July 1.
(3) Members of the commission may not serve more than two (2) consecutive terms, nor may they hold or file for any elective political office while a member of the commission.
(4) In the event there are vacancies in the commission, it shall be the duty of the western pea and lentil growers’ association, as the designated representative of Idaho growers of dry peas, lentils and chickpeas or, in the case of the dealer positions, the U.S. pea and lentil trade association as the designated representative of the dealers and processors of Idaho, to submit to the governor not more than two (2) qualified names for each vacancy supported by the proper nominating petitions. The governor shall make the appointment or appointments to fill each vacancy. The appointment shall be for the remainder of the term for that position.
[22-3506, added 1965, ch. 106, sec. 6, p. 192; am. 2009, ch. 129, sec. 1, p. 408; am. 2011, ch. 54, sec. 2, p. 118.]
Members of the commission shall be compensated as provided by section 59-509(b), Idaho Code.
[22-3507, added 1965, ch. 106, sec. 7, p. 192; am. 1980, ch. 247, sec. 16, p. 594; am. 2009, ch. 128, sec. 1, p. 407.]
The commission shall elect a chairman and shall employ such administration as is necessary, including, but not limited to full-time or part-time administrator.
[22-3508, added 1965, ch. 106, sec. 8, p. 192.]
The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman. The chairman may call special meetings of the commission at any time or place after having given five (5) days’ written notice except by unanimous consent of all members of the commission. A majority of the commission members shall constitute a quorum for all business.
[22-3509, added 1965, ch. 106, sec. 9, p. 192.]
(1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes.
(2) In the administration of the act, the commission shall have the following duties, authorities and powers:
(a) To conduct a campaign of research, education and publicity.
(b) To find new markets for pea and lentil products.
(c) To give, publicize and promulgate reliable information showing the value of peas and lentils for any purpose for which they are found useful and profitable.
(d) To make public and encourage the widespread national and international use of the special kinds of pea and lentil products produced from all varieties of peas and lentils grown in Idaho.
(e) To investigate and participate in studies of the problems peculiar to the producers of peas and lentils in Idaho.
(f) To take such action as the commission deems necessary or advisable in order to stabilize and protect the pea and lentil industry of the state.
(g) To sue and be sued.
(h) To enter into such contracts as may be necessary or advisable.
(i) To appoint and employ all necessary officers, agents and other personnel, including experts in agriculture and the publicizing of the products thereof, and to prescribe their duties and fix their compensation.
(j) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state.
(k) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity and reciprocal enforcement.
(l) To lease, purchase or own the real or personal property deemed necessary in the administration of this chapter.
(m) To prosecute in the name of the state of Idaho any suit or action for collection of the assessment provided for in this chapter.
(n) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and regulations for the procedure and exercise of its powers and the performance of its duties.
(o) To incur indebtedness and repay the same, and carry on all business activities.
(p) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys and other financial transactions made and done pursuant to this order. Such records, books and accounts shall be audited subject to lawful, sound procedures and methods of accounting at least annually and a copy of such audit shall be delivered within thirty (30) days after completion thereof to the governor, commissioner of agriculture, director of legislative services and the commission. The books, records and accounts shall be open to inspection by the state controller and public at all times.
(q) To make a full and complete report available to all Idaho pea and lentil producers annually, and once every five (5) years, commencing May 1, 1970, poll each grower as to the advisability of continuing the commission. If a majority of the growers representative of a majority of the pounds produced request a repeal of this act, the commission shall at the next session of the legislature request a repeal.
[22-3510, added 1965, ch. 106, sec. 10, p. 192; am. 1971, ch. 23, sec. 1, p. 54; am. 1994, ch. 180, sec. 27, p. 441; am. 2003, ch. 32, sec. 9, p. 122.]
The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this act which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this act shall be paid to the Idaho pea and lentil commission and shall be deposited in a bank account in the name of the Idaho pea and lentil commission, and such moneys shall be kept in such Idaho pea and lentil commission account and made available for defraying the expenses of the commission in carrying out the provisions of this act.
[22-3511, added 1965, ch. 106, sec. 11, p. 192; am. 1971, ch. 23, sec. 2, p. 54.]
The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this act.
[22-3512, added 1965, ch. 106, sec. 12, p. 192; am. 1971, ch. 136, sec. 9, p. 522.]
For the convenience of the majority of those most likely to be affected in the administration of this act, the commission may establish and maintain an office for the administrator within the state of Idaho.
[22-3513, added 1965, ch. 106, sec. 13, p. 192.]
The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.
[22-3514, added 1965, ch. 106, sec. 14, p. 192.]
(1) From and after July 1, 1997, there is hereby levied and imposed an assessment of an amount not to be less than one percent (1%) nor to exceed two percent (2%) of the net receipts at the first point of sale, to be deducted by the first purchaser from the price paid to the grower on dry peas or lentils grown in Idaho, or chickpeas or garbanzos grown north of the Salmon River, sold after July 1, 1997, dockage free weight, and sold or contracted through commercial channels, and each and every crop grown thereafter. The assessment provided in this subsection shall be paid at such time or times as the commission may by rule prescribe.
(2) The assessment shall be levied and assessed to the grower at the time of delivery for sale and shall be deducted by the first purchaser from the price paid to the grower at the time of sale or in case of a lienholder who may possess such peas or lentils under his lien, the assessment shall be deducted by the lienholder from the proceeds of the claims secured by such lien at the time the peas or lentils are pledged or mortgaged. The assessment shall be deducted as provided in this section whether the peas or lentils are stored in this or any other state. The commission may, however, permit any federal corporation, such as the commodity credit corporation, to waive its responsibility for the collection of the assessment, provided the amount of the assessment is one dollar ($1.00) or less.
(3) It shall be within the discretion of the commission to establish the amount of the tax to be levied as provided in subsection (1) of this section. The decision whether to adjust the amount of the tax to be levied and the time for which the adjusted levy shall be in effect shall require the vote of a majority of the commission members.
(4) The assessment shall be levied on peas and lentils grown and delivered on seed or grower contracts. The assessment shall be levied and assessed to the grower at the time of settlement and shall be deducted by the seed company, corporation, cooperative, partnership, or person from the price paid to the grower at the time of settlement for fulfillment of conditions as set forth in grower contracts.
(5) The assessment shall not be levied on peas and lentils retained and used by the grower for his own seed and feed.
(6) The assessment constitutes a lien prior to all other liens and encumbrances upon such peas or lentils except liens which are declared prior by operation of a statute of this state.
[22-3515, added 1965, ch. 106, sec. 15, p. 192; am. 1971, ch. 23, sec. 3, p. 54; am. 1975, ch. 5, sec. 1, p. 9; am. 1981, ch. 1, sec. 1, p. 3; am. 1983, ch. 23, sec. 1, p. 62; am. 1985, ch. 62, sec. 1, p. 124; am. 1986, ch. 27, sec. 1, p. 79; am. 1997, ch. 154, sec. 2, p. 437; am. 2001, ch. 298, sec. 1, p. 1077.]
(1) The purchaser, at the time of settlement, shall make and deliver a copy of each settlement voucher for each purchaser to the grower.
(2) The reports to the commission shall be on forms and in such numbers as prescribed and supplied by the commission and shall show at least:
(a) The name or names and address or addresses of the grower and seller.
(b) The name and address of purchaser.
(c) The number of pounds of peas and lentils sold, varieties of peas and/or lentils and the rate of assessment.
(d) The report shall be legibly written and shall have no corrections or erasures on the face thereof.
(3) Unlawful or willful alteration of an invoice shall constitute a misdemeanor.
[22-3516, added 1965, ch. 106, sec. 16, p. 192; am. 1971, ch. 23, sec. 4, p. 54.]
(1) The assessment imposed in this act shall be paid by the first purchaser to the commission. The commission shall receipt the purchaser thereof and promptly deposit the moneys in a bank account in the name of the Idaho pea and lentil commission. The commission may adopt, rescind, modify and amend regulations not inconsistent with this act, related to the payment and collection of the assessment provided for in the act.
(2) All moneys received under the provisions of this act shall be paid to the Idaho pea and lentil commission to be deposited into a bank account in the name of the Idaho pea and lentil commission and made available for defraying the expenses or repaying indebtedness of the commission in carrying out the provisions of this act.
(3) All salaries, costs and expenses incurred by the commission in performing its duties and the exercise of its powers under this act shall be paid out of such bank account of the Idaho pea and lentil commission.
(4) All moneys received by the commission from any source, except the amount of cash kept for each day’s needs, shall be deposited as soon as possible in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such accounts and such banks or trust companies.
(5) No moneys shall be withdrawn from or paid out of such accounts except upon order of the commission, and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates, and countersigned by such other member, officer or employee of the commission as the commission designates. A receipt, voucher or other written record, showing clearly the nature and items covered by the check or other order, shall be kept.
[22-3517, added 1965, ch. 106, sec. 17, p. 192; am. 1971, ch. 23, sec. 5, p. 54.]
Any person who shall violate or aid in the violation of any of the provisions of this act shall be guilty of a misdemeanor.
[22-3518, added 1965, ch. 106, sec. 18, p. 192; am. 1971, ch. 23, sec. 6, p. 54.]
It is to the best interests of all the people of the state of Idaho that the abundant and natural resources of Idaho be protected, fully developed and uniformly distributed. It is in the public interest and within the exercise of the police power of the state to protect the public health; to prevent fraudulent practices; to provide the means for the development of markets; production research; and new product development and promotion of the apple industry. "Apples" as used in this chapter means Idaho apples.
[22-3601, added 1966 (2nd E.S.), ch. 17, sec. 1, p. 39; am. 2016, ch. 93, sec. 1, p. 284.]
There is hereby created in the department of self-governing agencies an Idaho apple commission, to be thus known and designated. The commission shall be composed of three (3) practical apple growers and two (2) practical apple dealers.
The three (3) grower members shall be citizens and residents of this state, over the age of twenty-five (25) years, each of whom is and has been actively engaged in the growing and producing of apples within the state of Idaho, and a major portion of his income from apples has been derived from growing apples.
The two (2) dealer members shall be persons who, either individually or as executive officers of a corporation, firm, partnership, association or cooperative organization are and have been actively engaged as dealers of apples within the state of Idaho, are citizens and residents of this state; are over the age of twenty-five (25) years, and a major portion of their income from apples has been derived from handling, packing, shipping, buying or selling apples, or acting as sales or purchasing agent, broker or factor of apples.
The qualifications of members of the commission as herein set forth must continue during their term of office. The commission shall elect its chairman. Each member of the commission shall be compensated as provided by section 59-509(d), Idaho Code.
[22-3602, added 1966 (2nd E.S.), ch. 17, sec. 2, p. 39; am. 1974, ch. 13, sec. 4, p. 138; am. 1980, ch. 247, sec. 17, p. 594.]
As used in this chapter, unless the context requires otherwise:
(1) "Commission" means the Idaho apple commission.
(2) "Grower" means any landowner personally engaged in growing apples, a tenant personally engaged in growing apples, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper, or any and all other business units, devices and arrangements, that grow apples.
(3) "Dealer" means any person, partnership, association, corporation, cooperative or other business units and devices who first handles, packs, ships, buys or sells apples, or who acts as sales or purchasing agent, broker or factor of apples.
(4) "Ship" means to load apples into any mode of conveyance for transport in the channels of trade or to market.
(5) "Processor" and "Processing Plant" means every person, partnership, association, corporation, cooperative or other business units and devices to whom and every place to which apples are delivered for drying, freezing, dehydrating, canning, pressing, powdering, extracting, cooking and for use in producing a product or manufacturing a manufactured article.
(6) "District No. 1" shall consist of the following counties: Canyon, Ada, Owyhee, Elmore, Camas, Blaine, Gooding, Lincoln, Minidoka, Jerome, Twin Falls, Cassia, Power, Oneida, Bannock, Franklin, Bear Lake, Caribou, Bonneville, Madison, Teton, Jefferson, Fremont, Butte, Clark and Bingham.
(7) "District No. 2" shall consist of the following counties: Gem, Boise, Valley, Custer, Lemhi, Payette, Washington, Adams, Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Shoshone, Kootenai, Bonner and Boundary.
(8) "Person" means any partnership, association, corporation, cooperative or other business units or devices.
[22-3603, added 1966 (2nd E.S.), ch. 17, sec. 3, p. 39; am. 2016, ch. 93, sec. 2, p. 285.]
(1) The commission shall consist of five (5) members appointed by the governor following nomination. Three (3) members shall be growers, with one (1) grower member representing district no. 1, one (1) grower member representing district no. 2, and one (1) grower member being a grower member at large, and two (2) members shall be dealers.
(2) Members shall serve for a term of three (3) years. On and after the effective date of this act, terms that are held by the commission members immediately prior to the effective date of this act, hereinafter referred to as current commissioners, shall expire and be filled on the following schedule:
District no. 1 shall be held by the current grower commissioner for district no. 1, whose term shall expire on July 1, 2016;
District no. 2 shall be held by the current grower commissioner for district no. 2, whose term shall expire on July 1, 2017;
The term of the grower member at large shall expire on July 1, 2018, and shall be held by the current grower commissioner for district no. 3, as it existed prior to the effective date of this act;
The term of one (1) dealer member at large shall be held by the current dealer member at large whose term shall expire on July 1, 2016; and
The term of the second dealer member at large shall be held by the current dealer member at large whose term shall expire on July 1, 2018.
(3) Members of the commission may not serve more than two (2) consecutive terms. Upon serving two (2) consecutive terms and the lapse of one (1) full term, such member may again be nominated and appointed to the commission.
(4) Meetings shall be held for the selection of member nominees prior to expiration of a member’s term and shall be held at the discretion of the commission. In seeking nominations for a grower member, the commission shall conduct meetings at such times and places as determined by the commission during which time growers shall nominate two (2) qualified growers for each expiring member term. In seeking nominations for a dealer member, the commission shall conduct meetings at such times and places as determined by the commission, during which time dealers shall nominate two (2) qualified dealers at large for each expiring member term. Notice of the meetings for the nominations of growers and dealers shall be by publication in a newspaper of general circulation in any county in which a meeting is to be held and shall be published in two (2) issues of such newspaper, the first approximately thirty (30) days and the second approximately ten (10) days before said meeting. The notice shall state the purpose, time and place of said meeting.
(5) In the event there are vacancies in the commission through death, resignation or removal, it shall be the duty of the growers and dealers as provided in this section to submit to the governor at least two (2) qualified names for each grower vacancy and two (2) qualified names for each dealer vacancy. The governor shall make the appointment to fill the vacancy.
[22-3604, added 2016, ch. 93, sec. 4, p. 285.]
The Idaho apple commission shall have, but is not limited to, the following powers and duties:
(1) To elect a chairman and such other officers as it deems advisable.
(2) To appoint and employ, and at its pleasure discharge, all necessary agents, employees and professional personnel and other personnel, including experts in agriculture and the publicizing of the products thereof, and to prescribe their duties and fix their compensation.
(3) To establish offices and incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter.
(4) To aid in finding new markets for Idaho apples and apple products.
(5) To give, publicize and promulgate reliable information showing the value of apples and apple products for any purpose for which they are found useful and profitable.
(6) To make public and encourage the widespread national and international use of apples and apple products.
(7) To investigate and participate in studies of the problems peculiar to the growers of apples in the state of Idaho.
(8) To take such action as to the commission seems necessary or advisable in order to promote the sale of apples and to protect the apple industry.
(9) To enter into such contracts as may be necessary or advisable.
(10) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state of Idaho.
(11) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state, or the United States government, engaged in work or activity similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity and reciprocal enforcement of these objectives.
(12) To investigate and prosecute in the name of the state of Idaho violations of this chapter; to investigate and prosecute in the name of the state of Idaho any suit or action for the collection of assessments as hereinafter provided, or to protect brands, marks, packages, brand names or trademarks being promoted by the commission.
(13) To do any and all things that will promote the sale of apples.
(14) To keep an accurate record of all of its dealings, which shall be open to inspection by the state controller.
(15) To sue and be sued.
(16) To adopt and from time to time alter, rescind, modify and/or amend all proper and necessary rules and orders for the exercise of its powers and performance of its duties under this chapter.
[22-3605, added 1966 (2nd E.S.), ch. 17, sec. 5, p. 39; am. 1994, ch. 180, sec. 28, p. 442; am. 2016, ch. 93, sec. 5, p. 286.]
The commission shall provide for and conduct a comprehensive and extensive research, advertising and educational campaign as continuous as the crop, sales and market conditions reasonably require. It will investigate and ascertain the needs of growers, conditions of the market and extent to which public convenience and necessity require research and advertising to be conducted.
[22-3606, added 1966 (2nd E.S.), ch. 17, sec. 6, p. 39.]
(1) Immediately upon receipt, all moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited biennially by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
[22-3607, added 1988, ch. 192, sec. 2, p. 347; am. 1993, ch. 327, sec. 9, p. 1201; am. 1994, ch. 180, sec. 29, p. 443; am. 1996, ch. 159, sec. 10, p. 514; am. 2003, ch. 32, sec. 10, p. 123.]
The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this act.
[22-3608, added 1966 (2nd E.S.), ch. 17, sec. 8, p. 39; am. 1971, ch. 136, sec. 7, p. 522.]
The state of Idaho is not liable for the acts or omissions of the commission or any member thereof, or any officer, agent or employee thereof.
[22-3609, added 1966 (2nd E.S.), ch. 17, sec. 9, p. 39.]
There is hereby levied upon all apples grown annually in this state, and all apples packed as Idaho apples, an assessment of five cents (5¢) on each forty (40) pounds not shipped to processing plants. There is also levied an assessment of two dollars and fifty cents ($2.50) per ton on all apples shipped to processing plants for processing. This action shall not apply to any one (1) person, dealer or grower who sells less than one thousand (1,000) pounds of apples in any marketing year. All moneys collected hereunder shall be expended to effectuate the purposes and objects of this chapter.
[22-3610, added 1966 (2nd E.S.), ch. 17, sec. 10, p. 39; am. 1987, ch. 300, sec. 1, p. 638.]
The assessment shall be paid by the grower and shall be due on or before the time when such apples are first handled in the primary channels of trade and shall be paid at such times as the commission may by rule or regulation prescribe, but not later than sixty (60) days from the date on which the apples were handled in the primary channels of trade.
The commission shall by rule or regulation prescribe the method whereby the grower remits the assessment, and for that purpose may require the grower to file with the commission his sworn statement containing the information concerning all apples grown, handled, packed, shipped or processed by him, and the amount of tax due.
[22-3611, added 1966 (2nd E.S.), ch. 17, sec. 11, p. 39.]
Every dealer and grower shall keep a complete and accurate record of all apples handled, packed, shipped or processed by him. The record shall be in such form and contain such information as the commission by rule or regulation prescribes, and shall be preserved for a period of two (2) years, and be subject to inspection at any time upon demand of the commission or its agents.
[22-3612, added 1966 (2nd E.S.), ch. 17, sec. 12, p. 39.]
If it appears from an investigation that the revenue from the assessment levied hereunder is inadequate to accomplish the purposes of this chapter, the commission shall file with the director of the department of agriculture a report showing the necessity of the industry, extent and probable cost of the required research, market promotion and advertising, extent of public convenience, interest and necessity, and probable revenue from the assessment desired to be levied. It shall thereupon increase the assessment to a sum not to exceed ten cents (10¢) per forty (40) pounds shipped in bulk, container or any style of package; but no increase shall be made prior to filing of said report and finding. Provided, however, that no increase in such assessment shall become effective unless the same shall first be referred by the commission on a referendum mail ballot of the apple growers of this state, and be approved by two-thirds (2/3) vote of the growers of fifty per cent (50%) or more of the acreage represented in the voting.
[22-3613, added 1966 (2nd E.S.), ch. 17, sec. 13, p. 39; am. 1987, ch. 300, sec. 2, p. 638.]
Each dealer and/or grower shall, at such times as the commission may by rule or regulation require, file with the commission a return under oath, on forms to be furnished by the commission, stating the quantity of apples grown, packed, handled, shipped or processed by him, during the period prescribed by the commission. The return shall contain such further information as the commission may require.
[22-3614, added 1966 (2nd E.S.), ch. 17, sec. 14, p. 39.]
The commission may inspect the premises and records of any grower, carrier, handler, packer, dealer or processor for the purpose of enforcing this act and the collection of the assessment.
[22-3615, added 1966 (2nd E.S.), ch. 17, sec. 15, p. 39.]
Any person who violates or aids in violation of any provision of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300, or imprisonment not to exceed six (6) months, or both.
[22-3616, added 1966 (2nd E.S.), ch. 17, sec. 16, p. 39.]
It is to the best interests of all the people of the state of Idaho that the abundant and natural resources of Idaho be protected, fully developed and uniformly distributed. It is in the public interest and within the exercise of the police power of the state to protect the public health; prevent fraudulent practices; provide the means for the development of markets; production research; and new product development and promotion of the cherry industry. Cherries as used in this chapter means Idaho sweet cherries.
[22-3701, added 1967, ch. 70, sec. 1, p. 157; am. 2015, ch. 156, sec. 1, p. 545.]
There is hereby created in the department of self-governing agencies an Idaho cherry commission to be thus known and designated. The commission shall be composed of three (3) practical cherry growers and two (2) practical cherry dealers.
The three (3) grower members shall be citizens and residents of this state over the age of twenty-five (25) years, each of whom is and has been actively engaged in the growing and producing of cherries within the state of Idaho and a major portion of his income from cherries has been derived from growing cherries.
The two (2) dealer members shall be persons who, either individually or as executive officers of a corporation, firm, partnership, association or cooperative organization are and have been actively engaged as dealers of cherries within the state of Idaho, are citizens and residents of this state, are over the age of twenty-five (25) years and a major portion of their income from cherries has been derived from handling, packing, shipping, buying or selling cherries or acting as sales or purchasing agent, broker, or factor of cherries.
The qualifications of members of the commission as herein set forth must continue during their term of office. The commission shall elect its chairman. Each member of the commission shall be compensated as provided by section 59-509(d), Idaho Code.
[22-3702, added 1967, ch. 70, sec. 2, p. 157; am. 1974, ch. 13, sec. 13, p. 138; am. 1980, ch. 247, sec. 18, p. 595.]
Definitions as used in this chapter, unless the context requires otherwise:
(1) "Commission" means the Idaho cherry commission.
(2) "Grower" means any landowner personally engaged in growing cherries, a tenant personally engaged in growing cherries or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper, or any and all other business units, devices and arrangements that grow cherries.
(3) "Dealer" means any person, partnership, association, corporation, cooperative or other business unit or device who first handles, packs, ships, buys or sells cherries or who acts as sales or purchasing agent, broker or factor of cherries.
(4) "Ship" means to load cherries into any mode of conveyance for transport in the channels of trade or to market.
(5) "Processor" and "processing plant" means every person, partnership, association, corporation, cooperative or other business unit or device to whom and every place to which cherries are delivered for drying, freezing, dehydrating, canning, pressing, powdering, extracting, cooking and for use in producing a product or manufacturing a manufactured product.
(6) "Person" means any partnership, association, corporation, cooperative or other business unit or device.
[22-3703, added 1967, ch. 70, sec. 3, p. 157; am. 2015, ch. 156, sec. 2, p. 546.]
(1) The commission shall consist of five (5) members appointed by the governor following nomination. Three (3) members shall be growers and two (2) members shall be dealers.
(2) Members shall serve for a term of three (3) years. On and after the effective date of this act, terms that are currently held by the commission members shall expire and be filled on the following schedule: one (1) dealer term shall expire on July 1, 2015, one (1) dealer term shall expire on July 1, 2016, one (1) grower term shall expire on July 1, 2015, one (1) grower term shall expire on July 1, 2016, and one (1) grower term shall expire on July 1, 2017.
(3) Members of the commission may not serve more than two (2) consecutive terms. Upon serving two (2) consecutive terms and the lapse of one (1) full term, such member may again be nominated and appointed to the commission.
(4) Meetings shall be held for the selection of member nominees prior to expiration of a member’s term and shall be held prior to March 31 of the year an appointment is to be made. In seeking nominations for a grower member, the commission shall conduct meetings at such times and places as determined by the commission during which time growers shall nominate two (2) qualified growers at large for each expiring member term. In seeking nominations for a dealer member, the commission shall conduct meetings at such times and places as determined by the commission, during which time dealers shall nominate two (2) qualified dealers at large for each expiring member term. Notice of the meetings for the nominations of growers and dealers shall be by publication in a newspaper of general circulation in any county in which a meeting is to be held and shall be published in two (2) issues of such newspaper, the first approximately thirty (30) days and the second approximately ten (10) days before said meeting. The notice shall state the purpose, time and place of said meeting.
(5) In the event there are vacancies in the commission through death, resignation or removal, it shall be the duty of the growers and dealers as provided in this section to submit to the governor at least two (2) qualified names for each grower vacancy and two (2) qualified names for each dealer vacancy. The governor shall make the appointment to fill the vacancy.
[22-3704, added 2015, ch. 156, sec. 4, p. 546.]
The Idaho cherry commission shall have, but is not limited to, the following powers and duties:
(1) To elect a chairman and such other officers as it deems advisable.
(2) To appoint and employ, and at its pleasure discharge, all necessary agents, employees and professional and other personnel, including experts in agriculture and the publicizing of the products thereof, and to prescribe their duties and fix their compensation.
(3) To establish offices and incur expenses and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter.
(4) To aid in finding new markets for cherries and cherry products.
(5) To give, publicize and promulgate reliable information showing the value of cherries and cherry products for any purpose for which they are found useful and profitable.
(6) To make public and encourage the widespread national and international use of cherries and cherry products.
(7) To investigate and participate in studies of the problems peculiar to the growers of cherries in the state of Idaho.
(8) To take such action as to the commission seems necessary or advisable in order to promote the sale of cherries and to protect the cherry industry.
(9) To enter into such contracts as may be necessary or advisable.
(10) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state of Idaho.
(11) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state, or the United States, engaged in work or activity similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity and reciprocal enforcement of these objectives.
(12) To investigate and prosecute in the name of the state of Idaho violations of this chapter; to investigate and prosecute in the name of the state of Idaho any suit or action for the collection of assessments as hereinafter provided, or to protect brands, marks, packages, brand names or trademarks being promoted by the commission.
(13) To do any and all things that will promote the sale of cherries.
(14) To keep an accurate record of all its dealings, which shall be open to inspection by the state controller.
(15) To sue and be sued.
(16) To adopt and from time to time alter, rescind, modify and/or amend all proper and necessary rules, regulations and orders for the exercise of its powers and performance of its duties under this chapter.
(17) To, in its discretion, by rule create districts within the state for the purpose of carrying out the provisions of this chapter.
[22-3705, added 1967, ch. 70, sec. 5, p. 157; am. 1994, ch. 180, sec. 30, p. 444; am. 2015, ch. 156, sec. 5, p. 547.]
The commission shall provide for and conduct a comprehensive and extensive research, advertising and educational campaign as continuous as the crop, sales and market condition reasonably require. It will investigate and ascertain the needs of growers, conditions of the market and extent to which the public convenience and necessity require research and advertising to be conducted.
[22-3706, added 1967, ch. 70, sec. 6, p. 157.]
(1) Immediately upon receipt, all moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1990, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited biennially by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
[22-3707, added 1989, ch. 110, sec. 2, p. 252; am. 1993, ch. 327, sec. 10, p. 1202; am. 1994, ch. 180, sec. 31, p. 445; am. 1996, ch. 159, sec. 11, p. 514; am. 2003, ch. 32, sec. 11, p. 124.]
The administrator or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this act.
[22-3708, added 1967, ch. 70, sec. 8, p. 157; am. 1971, ch. 136, sec. 6, p. 522.]
The state of Idaho is not liable for the acts or omissions of the commission or any member thereof, or any officer, agent or employee thereof.
[22-3709, added 1967, ch. 70, sec. 9, p. 157.]
There is hereby levied upon all cherries grown annually in this state and all cherries packed as Idaho cherries an assessment of twenty dollars ($20.00) a ton. Provided, however, this section shall not apply to cherries shipped to a processing plant for processing, nor shall it apply to any person, dealer or grower who sells less than one thousand (1000) pounds of cherries in any marketing year. Provided, however, the exemption for shipment or sales to a processing plant for processing may be eliminated by a referendum mail ballot vote conducted by the commission among the cherry growers of this state, and provided further, the vote is approved by a two-thirds (2/3) vote of the growers of fifty percent (50%) or more of the acreage represented in the voting. All moneys collected hereunder shall be expended to effectuate the purposes and object of this act.
[22-3710, added 1967, ch. 70, sec. 10, p. 157; am. 1998, ch. 122, sec. 2, p. 455.]
The assessments shall be paid by the grower and shall be due on or before the time when such cherries are first handled in the primary channels of trade and shall be paid at such times as the commission may by rule or regulation prescribe, but not later than sixty (60) days from the date on which the cherries were handled in the primary channels of trade.
The commission shall by rule or regulation prescribe the method whereby the grower remits the assessment, and for that purpose may require the grower to file with the commission his sworn statement containing the information concerning all cherries grown, handled, packed, shipped, or processed by him, and the amount of tax due.
[22-3711, added 1967, ch. 70, sec. 11, p. 157.]
Every dealer and grower shall keep a complete and accurate record of all cherries handled, packed, shipped or processed by him. The record shall be in such form and contain such information as the commission by rule or regulation prescribes, and shall be preserved for a period of two (2) years and be subject to inspection at any time upon demand of the commission or its agents.
[22-3712, added 1967, ch. 70, sec. 12, p. 157.]
If it appears from an investigation that the revenue from the assessment levied hereunder is inadequate to accomplish the purposes of this act, the commission shall file with the director of the department of agriculture a report showing the necessity of the industry, extent and probable costs of the required research, market promotion and advertising, extent of public convenience, interest and necessity, and probable revenue from the assessment desired to be levied. It shall thereupon increase the assessment to a sum not to exceed twenty-five dollars ($25.00) a ton; but no increase in such assessment shall become effective unless the same shall first be referred by the commission on a referendum mail ballot to the cherry growers of this state, and be approved by two-thirds (2/3) vote of the growers of fifty percent (50%) or more of the acreage represented in the voting.
[22-3713, added 1967, ch. 70, sec. 13, p. 157; am. 1981, ch. 5, sec. 1, p. 13; am. 1998, ch. 122, sec. 3, p. 455.]
Each dealer and/or grower shall at such times as the commission may by rule or regulation require, file with the commission a return under oath, on forms to be furnished by the commission stating the quantity of cherries grown, packed, handled, shipped or processed by him, during the period prescribed by the commission. The return shall contain such further information as the commission may require.
[22-3714, added 1967, ch. 70, sec. 14, p. 157.]
The commission may inspect the premises and records of any grower, carrier, handler, packer, dealer or processor for the purposes of enforcing this act and the collection of the assessment.
[22-3715, added 1967, ch. 70, sec. 15, p. 157.]
Any person who violates or aids in violation of any provision of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300 or imprisonment not to exceed six (6) months, or both.
[22-3716, added 1967, ch. 70, sec. 16, p. 157.]
This act shall be known as the Mint Industry Act.
[22-3801, added 1969, ch. 49, sec. 1, p. 126.]
It is hereby declared, as a matter of legislative determination, that economic waste threatens the mint industry of the state of Idaho by the lack of facilities and funds for research to develop and improve control measures for diseases and pests which attack mint, to improve mint growing culture and to disseminate information to the growers, and by the lack of proper advertising and dissemination of information necessary for the development and promotion of mint and essential oils grown in the state of Idaho; and that it is in the interest of the people, welfare and general prosperity of the state of Idaho that this avoidable economic waste be eliminated by the growers having at their disposal all available information on the best and most advanced methods of culture, growing, harvesting and marketing of mint and essential oils. The purpose of this act is to promote the general welfare of our people by improving the culture and production of and expanding the market for mint and essential oils grown in the state of Idaho.
[22-3802, added 1969, ch. 49, sec. 2, p. 126.]
Wherever used or referred to in this act:
(1) The term "commission" means the Idaho mint commission.
(2) The term "person" means individual, partnership, corporation, association, growers or any other business unit.
(3) The term "mint" means all the essential oils that are distilled from any variety of mint plant grown or extracted in the state of Idaho.
(4) The term "grower" means the actual producer of mint and essential oils.
(5) The term "handled in the primary channels of trade" means the time when any mint or essential oils are delivered under a sales contract or delivered for shipment or delivered for processing or consumption.
(6) The term "dealer" means and includes any person engaged in the business of buying, receiving, handling or selling mint or essential oils for profit or remuneration.
[22-3803, added 1969, ch. 49, sec. 3, p. 126; am. 1996, ch. 91, sec. 1, p. 273.]
There is hereby created and established within the department of agriculture an Idaho mint commission to be known and designated as such which shall be composed of six (6) practical growers, elected as provided in section 22-3812, Idaho Code. The six (6) elected commissioner members shall select one (1) industry representative to sit on the commission, with full voting privileges and benefits of the other commissioner members. Each member of the commission shall be a resident citizen of the state of Idaho for a period of four (4) years prior to his election or selection, shall have active experience and be now actually engaged in growing mint in Idaho and shall derive a substantial portion of his income from growing mint or be the directing or managing head of a corporation, firm, partnership or other business unit which derives a substantial portion of its income from growing mint. To continue holding office, each member must remain qualified. The governor may remove a member if he becomes disqualified during his term of office or for inability to carry out his duties. Upon the establishment of the commission, one (1) member shall serve for a term of one (1) year, two (2) members shall serve for a term of two (2) years, two (2) members shall serve for a term of three (3) years and thereafter all terms of office shall be for a term of three (3) years. The term of office of each member of the commission shall terminate on the third Monday of January of the year in which the term for which the member was elected ends, but each member of the commission shall serve until his respective successor is elected and has qualified. Before entering on the discharge of their duties as members of the commission, each member shall take and subscribe to the oath of office prescribed by law. A majority of the members of the commission shall constitute a quorum for the transaction of all business and the carrying out of all duties of the commission. The commission shall annually elect a chairman from among its members. Members of the commission shall receive no salary except upon the unanimous vote of the commission; however, members, officers and employees of the commission shall receive their actual and necessary travel and other expenses incurred in the performance of their official duties. The commission shall adopt uniform and reasonable regulations governing the incurring and paying of such expenses.
[22-3804, added 1969, ch. 49, sec. 4, p. 126; am. 1974, ch. 18, sec. 91, p. 364; am. 1983, ch. 35, sec. 1, p. 85; am. 1996, ch. 91, sec. 2, p. 274.]
The powers and duties of the commission shall include the following:
(1) To administer and enforce this act.
(2) To contract in the name of the commission and be contracted with.
(3) To employ and at pleasure discharge a research director, research staff, a secretary, advertising manager, advertising agents, agents, attorneys and such clerical and other help as it deems necessary and to control their powers and duties and to fix their compensation.
(4) To keep books, records and accounts of all its dealings, which books, records and accounts of all its dealings shall be open to inspection by the state controller at all times.
(5) To purchase or authorize the purchase of all office equipment or supplies and incur all other reasonable and necessary expenses and obligations in connection with and required for the proper carrying out of the provisions of this act.
(6) To become a member of and purchase membership in trade organizations and to subscribe to and purchase trade bulletins, journals, and other trade publications.
(7) To plan and conduct a research program to improve the quality of mint, to develop and improve control measures for disease and pests which attack mint and to improve mint growing culture and to disseminate such information among the growers and to make such research contracts and other agreements as may be necessary.
(8) To plan and conduct an advertising, publicity and sales promotion campaign to increase the sale and use of mint and to make such advertising, publicity and sales promotion contracts and other agreements as may be necessary.
(9) To prohibit the distillation of any mint not actually grown in the state of Idaho.
(10) To establish and maintain the executive offices of the commission at any place within the state of Idaho which designated place may be changed at the discretion of the commission.
(11) To adopt and from time to time alter, rescind, modify or amend all proper and necessary rules and orders for the exercise of its power and the performance of its duties under this act.
(12) To cooperate with the director of the department of agriculture in and to pay all or any portion of the costs incurred in the creation, administration and enforcement of any quarantine and inspection affecting mint and mint rootstock established pursuant to the laws of the state of Idaho.
(13) To plan and conduct a research program for improving old varieties and developing new varieties of mint; to propagate any such improved old varieties or such new varieties of mint; to patent any such improved old varieties or such new varieties of mint and to license the propagation, growing and sale thereof; to adopt such trade names or trademarks in relation to any such improved old varieties or such new varieties of mint and to patent, copyright, or otherwise protect such names; buy, contract to buy, receive by gift or otherwise acquire, hold, or retain legal title to such improved old varieties or such new varieties of mint including the rootstock thereof and the mint produced therefrom; to sell, lease, consign, trade, exchange, or give away or otherwise dispose of any such improved old varieties or such new varieties of mint, including the rootstock thereof and the mint produced therefrom; to advertise and promote the commercial use of such improved old varieties and new varieties of mint; and to impose, by contract or regulation or otherwise, such conditions and restrictions as may be determined by the commission pertaining to such improved old varieties and such new varieties of mint including the rootstock thereof, including but not limited to conditions and restrictions limiting, restricting, prohibiting or affecting the use, distribution, acreage, production, geographical areas of planting, cultural practices used in propagation, leasing, assigning, selling, sale price, and the use of trade names and trademarks relating to such improved old varieties or such new varieties of mint including the rootstock thereof and the increase thereof and the use of trade names and trademarks to designate mint produced from any such improved old varieties or such new varieties of mint including the rootstock thereof and the mint produced therefrom; to sell, lease, consign, trade, exchange, or give away or otherwise dispose of any such improved old varieties or such new varieties of mint, including the rootstock thereof and the mint produced therefrom; to advertise and promote the commercial use of such improved old varieties and new varieties of mint; and to impose, by contract or regulation or otherwise, such conditions and restrictions as may be determined by the commission pertaining to such improved old varieties and such new varieties of mint including the rootstock thereof, including but not limited to conditions and restrictions limiting, restricting, prohibiting or affecting the use, distribution, acreage, production, geographical areas of planting, cultural practices used in propagation, leasing, assigning, selling, sale price, and the use of trade names and trademarks relating to such improved old varieties or such new varieties of mint including the rootstock thereof and the increase thereof and the use of trade names and trademarks to designate mint produced from any such improved old varieties or such new varieties of mint. Nothing in this section is intended to interfere with, restrict or in any way discourage the development of improved old varieties or new varieties by dealers, growers or other private parties and such powers and duties as are conferred upon the commission hereby are restricted to such improvement of old varieties or development of new varieties which are improved or developed by the commission and such improved old varieties as are developed by dealers, growers or other private parties are not subject to the provisions of this section.
(14) To prosecute in the name of the state of Idaho any suit or action for collection of the assessment provided for in this chapter.
[22-3805, added 1969, ch. 49, sec. 5, p. 126; am. 1974, ch. 18, sec. 92, p. 364; am. 1994, ch. 180, sec. 32, p. 446.]
(1) The commission is hereby empowered to levy an assessment not to exceed eight cents (8¢) per pound on each pound of essential oil handled in the primary channels of trade.
(2) This assessment may be increased to not exceed a total assessment of ten cents (10¢) per pound as determined by a two-thirds (2/3) affirmative vote of the growers voting or a majority of the acreage voting in a referendum to be conducted by mail by the commission. The amount of any increased assessment, if any, shall be determined by resolution of the commission after February 1st or before July 1st of each year. The term "acreage" for the purposes of this subsection, means the number of acres of mint produced by a grower during the calendar year immediately next preceding each annual registration of growers as herein provided. Each grower, whether an individual, a partnership, a corporation, an association or other business unit, shall have one (1) vote at such referendum. No grower shall vote at any such referendum during any year unless such grower has, after January 1st but prior to January 15th of such year, registered with the commission on forms to be supplied by the commission giving such grower’s name, mailing address and acreage, except that for the calendar year in which this subsection takes effect, the periods for the registration of growers shall be the fifteen (15) days immediately succeeding the effective date of this subsection. The qualification of any grower to vote or the amount of such grower’s acreage as shown by such grower’s registration may be challenged by any other grower qualified to vote or any member of the commission. All such challenges shall be presented to the commission in writing within ten (10) days after the close of registration and shall be heard and determined by the commission prior to canvassing the returns of any such referendum. After the adoption of a resolution by the commission fixing the amount of the additional assessment to be submitted to a referendum of the growers, the commission shall cause to be mailed by United States registered mail to each grower so registered, at the address appearing on such grower’s registration, a ballot setting forth the name of such grower, the grower’s acreage, a copy of the resolution so adopted, and the words, "For additional assessment as provided in the foregoing resolution," followed by a circle and the words "Against the additional assessment as provided in the foregoing resolution," followed by a circle and such ballot shall provide a space at the bottom thereof for the grower’s signature. A grower desiring to vote upon the amount of the additional assessment shall mark the ballot received to express the grower’s vote, shall sign the ballot and shall return the ballot to the commission within twenty (20) days after the date on which the ballot was mailed to the grower by the commission. Any ballot which is not returned within such time limit, or which is not voted, or which is not signed, or which is marked both for and against the question submitted, shall be deemed not to have been voted and shall not be counted for any purpose. The commission shall meet and canvass all ballots cast at any such referendum within ten (10) days after the date by which all ballots are herein required to be returned to the commission. Upon the canvass, if the commission finds that two-thirds (2/3) or more of the growers voting at such referendum have voted in favor of the amount of such additional assessment or that growers representing a majority or more of the production of all growers voting at such referendum have voted in favor of the amount of such additional assessment, then the amount of such additional assessment shall have been approved, but if the commission finds otherwise, then the amount of such additional assessment shall have failed. The commission shall record the results of each canvass in its official records and shall retain all election records, grower registrations and the ballots for one (1) year after the date of such canvass when it may cause the same to be destroyed. If the canvass shows that the amount of such additional assessment shall have been approved, the commission shall immediately adopt a resolution levying the amount thereof. Such additional assessment when so levied shall apply only to the pounds of mint grown during the calendar year in which the referendum approving the same was held, but shall so apply regardless of the calendar year in which such essential oils are first handled in the primary channels of trade. If the canvass shows that the amount of such additional assessment shall have failed, the commission shall not levy the amount thereof, but the commission may resubmit the same or another amount for such additional assessment to the growers by referendum as herein provided as often as the commission deems necessary.
(3) All assessments levied under this act shall be due on or before the time when such essential oils are first handled in the primary channels of trade and shall be paid not later than the last day of the month next succeeding the month in which such essential oils were first handled in the primary channels of trade.
(4) The assessment constitutes a lien prior to all other liens and encumbrances upon such essential oils except liens which are declared prior by operation of a statute of this state, but payment of the assessment by either grower or dealer who first handled such essential oils shall not subject such grower or dealer to liability for a lien prior to the lien herein imposed unless actual notice of such prior lien has been made upon such grower or dealer.
(5) The commission by order may cancel an assessment which has been delinquent for five (5) years or more if it determines that: (a) the amount of the assessment is less than one dollar ($1.00), and that further collection effort or expense does not justify the collection thereof, or the assessment is wholly uncollectible.
[22-3806, added 1969, ch. 49, sec. 6, p. 126; am. 1971, ch. 8, sec. 1, p. 18; am. 1987, ch. 285, sec. 1, p. 605; am. 1992, ch. 64, sec. 1, p. 197.]
All assessment levied and imposed under and pursuant to the provision of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the essential oils are first handled in the primary channels of trade.
[22-3807, added 1969, ch. 49, sec. 7, p. 126.]
Every grower and dealer shall at such times as the commission may by rule prescribe, file with the commission a return under oath on forms to be prescribed by and furnished by the commission, stating the number of pounds of essential oils handled in the primary channels of trade during the period or periods of time prescribed by the commission and such other information as the commission may require.
[22-3808, added 1969, ch. 49, sec. 8, p. 126; am. 1996, ch. 91, sec. 3, p. 274.]
Any grower or dealer who fails to make collection or to file a return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five percent (5%) of the amount of the assessment determined to be due, as provided in this act, plus one percent (1%) of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such assessment became due. The commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and disposed of as provided with respect to moneys derived from the assessments levied and imposed by this act.
[22-3809, added 1969, ch. 49, sec. 9, p. 126.]
The commission shall have the power by its duly authorized agent or representative to enter upon the premises of any grower or dealer to examine any books, papers, records or memorandum bearing on the amount of assessments or license fees payable and to secure other information directly or indirectly concerned in the enforcement of this act. No person who is required to pay the assessments of license fees levied and imposed by this act shall by any practice or evasion make it difficult to enforce the provisions of this act by inspection, nor shall such person after demand by the commission or any agent or representative designated by it for that purpose, refuse to allow full inspection of the premises or any part thereof or any books, records, documents or other instruments in any way relative to the liability of such person for the assessment or license fee herein imposed nor shall such person hinder or in any manner delay or prevent such inspection.
[22-3810, added 1969, ch. 49, sec. 10, p. 126.]
(1) As soon as possible after receipt, all moneys received by the commission from the assessment levied under section 22-3806, Idaho Code, and all other moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such accounts at such banks or trust companies.
(2) (a) No moneys shall be withdrawn from or paid out of such accounts except upon order of the commission, and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission. A receipt, voucher or other written record, showing clearly the nature and items covered by each check or other order, shall be kept.
(b) All moneys referred to in subsection (1) of this section shall be used by the commission only for the payment of expenses of the commission in carrying out the powers conferred on the commission.
(c) The commission may require any commission member or agent or employee appointed by the commission, to give a bond payable to the commission in the amount, and with the security and containing the terms and conditions the commission prescribes. The cost of such bond is an administrative cost under this chapter.
(3) The right is reserved to the state of Idaho to audit all funds of the commission at any time.
[22-3811, added 1969, ch. 49, sec. 11, p. 126; am. 2006, ch. 362, sec. 1, p. 1100.]
(1) The members of the commission shall be elected by secret mail ballot under the supervision of the director of the department of agriculture. Members of the commission shall be elected by a majority of the votes cast by the grower members, each grower being entitled to one (1) vote. If a nominee does not receive a majority of the votes on the first ballot, a run-off election shall be held by mail in a similar manner between the two (2) candidates for such position receiving the largest number of votes. The cost of the election shall be paid by the commission although it is supervised by the department of agriculture.
(2) Any office which becomes vacant before expiration of the member’s term shall be filled by election in the manner provided for regular elections, except that such office may remain vacant until the next regular election if the vacancy is for less than one (1) year.
[22-3812, added 1969, ch. 49, sec. 12, p. 126; am. 1974, ch. 18, sec. 93, p. 364.]
No person shall act as dealer in the essential oils without having obtained a license as provided in this act. Every person acting as a dealer shall file a written application with the commission for a license as such which application shall state the applicant’s name, principal business addresses within and without the state of Idaho, the name of the person authorized to receive and accept service of summons and legal notices of all kinds for the applicant within the state of Idaho and such other information as the commission may require. Each application shall be accompanied with a license fee of two hundred dollars ($200) and by good and sufficient surety bond in the penal sum of two thousand dollars ($2,000) executed by the applicant and as principal and by a surety company authorized to do business in the state of Idaho as surety and conditioned upon the applicant’s full and complete compliance with the provisions of this act and all of the rules and orders of the commission. The commission shall investigate each applicant thoroughly and if the commission is satisfied that the applicant is of good character and reputation and is financially responsible, a license shall be issued for the period ending on the next succeeding first Monday of January, otherwise the application shall be denied. The commission may revoke a license after thirty (30) days’ written notice of its intention so to do, and after providing the licensee with an opportunity for an appropriate contested case in accordance with the provisions of chapter 52, title 67, Idaho Code, if the licensee shall willfully fail to fully and completely comply with the provisions of this act and all of the rules and orders of the commission. Upon the revocation of such licenses the full amount of the bond shall be forfeited and damages in that sum shall be conclusively presumed to have been incurred by the commission. All license fees and all bond forfeitures shall be deposited as provided in section 22-3811, Idaho Code. Any person aggrieved by the final action of the commission is entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
[22-3813, added 1969, ch. 49, sec. 13, p. 126; am. 1993, ch. 216, sec. 5, p. 591; am. 1996, ch. 91, sec. 4, p. 275.]
Every person who shall violate or aid in the violation of any of the provisions of this act or any of the rules or orders of the commission adopted pursuant to the authority conferred by this act, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment, not exceeding ninety (90) days, or by both such fine and imprisonment and all fines collected for violation of this act shall be deposited as provided in section 22-3811, Idaho Code.
[22-3814, added 1969, ch. 49, sec. 14, p. 126; am. 1996, ch. 91, sec. 5, p. 275.]
After five (5) years from the date the commission was created, a referendum may be held at the petition of the growers or at the request of the commission. The question shall be submitted by secret mail ballots upon which the words "for continuance of the Idaho Mint Commission" and "against continuance of the Idaho Mint Commission" are printed, with a square before each proposition and a direction to insert an "X" mark in the square before the proposition which the voter favors. In the event a referendum is held as provided in this section, no further referendum on the question of discontinuance of such commission shall be held within five (5) years from the date the results of the previous referendum was declared.
The referendum must be held and supervised by the department of agriculture upon its receiving either of the following:
A petition signed by thirty percent (30%) of the growers, or two hundred (200) growers, whichever is less. The petitioners shall pay the cost of such referendum if the commission continues but the commission must bear the cost if the majority vote is in favor of discontinuance.
A written request from the commission. The commission shall pay the cost of such referendum.
The referendum shall be held, notice thereof given, expenses thereof paid and the result determined, declared and recorded in the office of the secretary of state. No hearing or district meetings of the grower members shall be set prior to the referendum upon the question of determining whether such referendum should be held.
Notice of such referendum must be given by the commission in a manner determined by them. The ballots must also be prepared by the commission and forwarded to the grower members, who shall return them within twenty (20) days after mailing by the commission.
[22-3815, added 1969, ch. 49, sec. 15, p. 126; am. 1996, ch. 91, sec. 6, p. 276.]
If the vote at the referendum provided in section 22-3815 is in favor of discontinuance, the commission shall as rapidly as possible terminate its activities, convert its assets to cash and do all other things necessary to terminate its activities. At the termination of such activities, any funds remaining in possession of the commission shall be paid to the University of Idaho for research regarding mint.
[22-3816, added 1969, ch. 49, sec. 16, p. 126.]
If any grower or producer of any farm product within this state voluntarily executes and causes to be delivered to a dealer or processor of farm products, either as a clause in a sales contract or other instrument in writing, a notice of assignment of dues to a nonprofit agricultural commodity organization directly representing the specific product involved, by which the processor or dealer is directed to deduct a sum from the price to be paid for such product and to pay the same over to such association as dues for the grower or producer, the processor or dealer shall deduct from the price to be paid for any farm product being sold by any such grower or producer to any such processor or dealer, the amount authorized and pay it over to the organization as assignee.
[22-3901, added 1969, ch. 321, sec. 1, p. 745.]
No provision which is inserted in any contract that is prepared by a dealer or processor which makes an assignment of the dues described in section 22-3901 ineffective is valid.
[22-3902, added 1969, ch. 321, sec. 2, p. 745.]
An assignment of dues may not exceed 2 per cent of the total value of the product which is delivered by the grower or producer to the dealer or processor.
[22-3903, added 1969, ch. 321, sec. 3, p. 745.]
Payment need not be made under any assignment of dues pursuant to section 22-3901 until the dealer or processor has available and under his control funds owing to the grower or producer that are sufficient in amount for making the payment of the dues involved. In the case of an annual product, such payment need not be made until the end of the product year.
[22-3904, added 1969, ch. 321, sec. 4, p. 745.]
Any dealer or processor who pays any dues to an association pursuant to the assignment of dues governed by this act shall not be liable for such sums upon any seed lien, farm laborer’s lien or any other lien or encumbrance which has priority by law upon the proceeds of the farm crop or product. Any lienholder who has priority upon the proceeds from such farm crop or product whose lien remains unsatisfied shall have the right to receive all sums paid to any association pursuant to the assignment of dues. Such association shall remit all dues paid pursuant to the assignment to the priority lienholder upon the receipt of notice and proof that a valid prior lien exists against such farm crop or product.
[22-3905, added 1969, ch. 321, sec. 5, p. 745.]
Any dealer or processor may deduct a sum not to exceed two percent (2%) of the total dues to be paid to an association for administrative expenses incurred by the payment of such dues under the assignment.
[22-3906, added 1969, ch. 321, sec. 6, p. 745.]
It is to the interest of all the people that the abundant natural resources of Idaho be protected, fully developed and uniformly distributed. Among the agricultural industries of the state of Idaho that contribute to the economic welfare of the state is the barley industry. Because of a surplus of barley grown in this state, and because a surplus during recurrent years has become excessive and difficult to market in the available markets, it is necessary, in order to provide a profitable enterprise for the barley growers of the state and to promote employment of labor and to assist the barley growers and those in the various industries dependent upon the barley growers, that additional markets be found and developed. It is the purpose of this chapter to promote the public health and welfare of the citizens of our state by providing means for the protection, promotion, study, research, analysis and development of markets concerning the growing and marketing of Idaho barley.
[22-4001, added 1988, ch. 194, sec. 1, p. 351.]
There is hereby created and established in the department of self-governing agencies the Idaho barley commission to be composed of three (3) grower members appointed by, and serving at the pleasure of, the governor, one (1) from each of the three (3) commission districts referred to in section 22-4004, Idaho Code, who shall be appointed by the governor from a list of names with at least three (3) names for each appointive office for each district submitted to the governor by the Idaho grain producers association, inc., a grain growers’ association representing barley growers throughout the state of Idaho, and each shall hold office for the term specified in section 22-4005, Idaho Code. The commissioners appointed by the governor may select a barley industry representative to serve a three (3) year term on the commission. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, shall be an ex officio member of the commission without vote.
[22-4002, added 1988, ch. 194, sec. 1, p. 351; am. 2012, ch. 263, sec. 1, p. 731.]
As used in this chapter:
(1) "Commercial channels" means the sale of barley for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any person, public or private, who resells any barley or product produced from barley.
(2) "Commission" means the Idaho barley commission.
(3) "Crop reduction program" means an offer by an agency of the United States government to give growers an amount of barley as payment for reducing planted acreage of barley.
(4) "Delivery" means placing of barley into the primary channels of trade.
(5) "First purchaser" means any person, group, association or partnership that buys barley in this state in the first instance, or any lienholder, public or private, including the commodity credit corporation, who may possess barley from the grower under any lien.
(6) "Grower" means any landowner personally engaged in growing barley, a tenant of the landowner personally engaged in growing barley, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, sharecropper or any and all other business units, devices and arrangements.
(7) "Sale" includes any pledge, mortgage or delivery of barley for sale after harvest to any person, public or private.
(8) "Seller" means any person or entity, including growers, who sells barley in the first instance.
[22-4003, added 1988, ch. 194, sec. 1, p. 352; am. 1997, ch. 157, sec. 1, p. 453.]
Members of the commission shall be selected and appointed because of their ability and disposition to serve the state’s interest and for knowledge of the state’s natural resources. Members appointed by the governor shall be citizens over twenty-five (25) years of age, residents of the state who have been actually engaged in growing barley in this state for at least five (5) years, and who derive a substantial portion of their income from growing barley in the state of Idaho. There shall be one (1) member from each of the following three (3) districts initially established as follows:
District 1. Boundary, Bonner, Kootenai, Shoshone, Benewah, Latah, Clearwater, Nez Perce, Lewis, Idaho, Adams, Valley and Washington Counties.
District 2. Payette, Gem, Boise, Custer, Canyon, Ada, Elmore, Camas, Blaine, Butte, Gooding, Lincoln, Jerome, Minidoka, Owyhee, Twin Falls and Cassia Counties.
District 3. Lemhi, Clark, Fremont, Jefferson, Madison, Teton, Bingham, Bonneville, Power, Bannock, Caribou, Oneida, Franklin and Bear Lake Counties.
[22-4004, added 1988, ch. 194, sec. 1, p. 352.]
(1) Except as provided in subsection (3) of this section, the term of office of a member of the barley commission shall be three (3) years. Any member of the commission who has served for two (2) full consecutive terms shall not be eligible for reappointment until the expiration of a three (3) year period.
(2) Appointments to fill vacancies shall be for the balance of the unexpired term.
(3) (a) Beginning July 1, 1988, a member from district 1 will be appointed for a full four (4) year term ending in 1992. Subsequent terms will be for three (3) years.
(b) Beginning July 1, 1988, a member from district 2 will be appointed for a full three (3) year term ending in 1991. Subsequent terms will be for three (3) years.
(c) Beginning July 1, 1988, a member from district 3 will be appointed for a full two (2) year term ending in 1990. Subsequent terms will be for three (3) years.
(4) The executive committee of the Idaho state wheat growers association, doing business as the Idaho grain producers association, may request the removal of a commissioner, with or without cause, by a majority vote. Upon receipt of the request, the governor may immediately withdraw the commissioner’s appointment.
[22-4005, added 1988, ch. 194, sec. 1, p. 353; am. 2012, ch. 263, sec. 2, p. 731.]
Members of the commission shall be compensated as provided in section 59-509(h), Idaho Code.
[22-4006, added 1988, ch. 194, sec. 1, p. 353.]
The commission shall elect one of the governor’s appointed members as chairman and may employ an administrator who is not a member of the commission, or may contract with the Idaho wheat commission or a similar agency for the administration of the barley commission’s business.
[22-4007, added 1988, ch. 194, sec. 1, p. 353.]
The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman. The chairman may call special meetings of the commission at any time or place.
[22-4008, added 1988, ch. 194, sec. 1, p. 353.]
(1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes.
(2) In the administration of the provisions of this chapter, the commission shall, in conjunction with the Idaho grain producers association, inc., have the following duties, authorities and powers:
(a) To conduct a campaign of research, education and publicity.
(b) To find new markets for barley and barley products.
(c) To give, publicize and promulgate reliable information showing the value of barley and barley products for any purpose for which it is found useful and profitable.
(d) To make public and encourage the widespread national and international use of the special kinds of barley and barley products produced from all varieties of barley grown in Idaho.
(e) To investigate and participate in studies of the problems peculiar to the producers of barley in Idaho.
(3) The commission shall have the duty, power and authority:
(a) To take such action as the commission deems necessary or advisable in order to stabilize and protect the barley industry of the state and the health and welfare of the public.
(b) To sue and be sued.
(c) To enter into such contracts as may be necessary or advisable.
(d) To appoint and employ officers, agents and other personnel, including experts in agriculture and the publicizing of the products thereof, and to prescribe their duties and fix their compensation.
(e) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state.
(f) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity and reciprocal enforcement.
(g) To lease, purchase or own the real or personal property deemed necessary in the administration of the provisions of this chapter.
(h) To prosecute in the name of the state of Idaho any suit or action for collection of the tax or assessment provided for in the provisions of this chapter.
(i) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and rules for the procedure and exercise of its powers and the performance of its duties.
(j) To incur indebtedness and carry on all business activities.
(k) To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller and public at all times.
(l) To audit records of "first purchasers" of Idaho barley and otherwise to determine the time of proper collection amount or payment of the barley tax or any penalties thereto.
[22-4009, added 1988, ch. 194, sec. 1, p. 353; am. 1994, ch. 180, sec. 33, p. 447; am. 1997, ch. 157, sec. 2, p. 454.]
(1) Immediately upon receipt, all grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift, and all of the revenues received under the provisions of section 22-4017, Idaho Code, shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income to the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current fiscal year and a projection of anticipated expenses by category for the current fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited every second year, but shall address every year distinctly, by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
[22-4010, added 1988, ch. 194, sec. 1, p. 354; am. 1993, ch. 327, sec. 11, p. 1202; am. 1994, ch. 180, sec. 34, p. 449; am. 1996, ch. 159, sec. 12, p. 515; am. 1997, ch. 157, sec. 3, p. 455; am. 2003, ch. 32, sec. 12, p. 124.]
The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.
[22-4011, added 1988, ch. 194, sec. 1, p. 355.]
The commission may appoint an administrator who shall devote full time to the administration of the provisions of this chapter. He shall proceed immediately to prepare the plans and general program necessary and adequate to carry out the policies that are adopted by the commission. The administrator shall be paid a reasonable salary fixed by the commission, commensurate with his duties, and all necessary expenses.
[22-4012, added 1988, ch. 194, sec. 1, p. 355.]
For the convenience of the majority of those most likely to be affected in the administration of the provisions of this chapter, the administrator, upon recommendation of the commission, shall establish and maintain an office for the administrator within the state of Idaho.
[22-4013, added 1988, ch. 194, sec. 1, p. 355.]
The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.
[22-4014, added 1988, ch. 194, sec. 1, p. 355.]
(1) There is hereby levied and imposed a tax of up to four cents (4¢) per hundredweight on all barley grown in the state of Idaho or given to Idaho growers under a crop reduction program, and sold or contracted in this state, and each and every crop grown or barley given to growers under a crop reduction program thereafter. The tax shall be due on barley given to growers under a crop reduction program and on barley sold or contracted through commercial channels in this state, regardless of any deduction of the tax on this same barley prior to it being given to the grower. The tax shall be due on or before the time when such barley is first sold or contracted in the commercial channels and shall be paid at such time or times as the commission may, by rule prescribe, as hereinafter provided, but not later than the 15th day of the month next succeeding the three (3) month period in which such barley is sold or contracted in commercial channels. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax.
(2) The tax shall be levied and assessed to the seller at the time of delivery for sale and shall be deducted by the first purchaser from the price paid to the seller at the time of sale or in case of a lienholder who may possess such barley under his lien, the tax shall be deducted by the lienholder from the proceeds of the claim secured by such lien at the time the barley is pledged or mortgaged. The tax shall be deducted as provided in this section whether the barley is stored in this or any other state. The commission may, however, permit any federal corporation, such as the commodity credit corporation, to waive its responsibility for the collection of the tax, provided the amount of the tax is one dollar ($1.00) or less.
(3) The tax constitutes a lien prior to all other liens and encumbrances upon such barley except liens which are declared by operation of a statute of this state.
(4) Any person may request from the commission in writing, within thirty (30) days after payment thereof, a refund of all or any portion of an assessment levied hereunder on barley and paid by him. The commission shall make the refund not later than thirty (30) days after the end of the fiscal year in which the request is made. Refunds shall cease to be available beginning on the first July 1 following completion of a referendum for the continuation or discontinuation of refunds as described in section 22-4019, Idaho Code.
(5) A sale shall be exempt from the tax if a substantially similar tax is imposed by and paid to another state or foreign country and used for similar purposes with respect to the same barley. The commission shall by rule identify what other taxes are substantially similar and used for similar purposes, and shall establish procedures for sellers to prove the payment of the other taxes.
[22-4015, added 1988, ch. 194, sec. 1, p. 355; am. 1997, ch. 157, sec. 4, p. 456; am. 2012, ch. 263, sec. 3, p. 731.]
(1) The purchaser, at the time of settlement, shall make and deliver separate documents for each purchase to the sellers.
(2) The documents shall, at a minimum, contain the following information:
(a) The name and address of the seller.
(b) The name and address of the purchaser.
(c) The number of hundredweights of barley sold.
(d) The date of the purchase.
(3) The documents shall be legibly written and shall have no corrections or erasures on the face thereof.
(4) Unlawful or willful alteration of any document required under this chapter shall constitute a misdemeanor.
[22-4016, added 1988, ch. 194, sec. 1, p. 356; am. 1997, ch. 157, sec. 5, p. 457.]
The tax imposed in this chapter shall be paid by the first purchaser to the commission. The commission shall receipt the purchaser thereof and promptly deposit the moneys in an account as provided in section 22-4010, Idaho Code. The commission may adopt, rescind, modify and amend regulations not inconsistent with this chapter, related to the payment and collection of the tax provided for in this chapter.
[22-4017, added 1988, ch. 194, sec. 1, p. 356.]
(1) Any person who shall violate or aid in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than three hundred dollars ($300) or imprisonment not to exceed ninety (90) days, or both. Fines collected for violation of the provisions of this chapter shall be paid into the Idaho barley commission account.
(2) Any person or firm who makes payment to the commission at a date later than that prescribed in section 22-4015, Idaho Code, shall be subject to a late payment penalty as set forth by the commission by rule and regulation. Such penalty shall not exceed the rate of fifteen percent (15%) per annum on the amount due.
[22-4018, added 1988, ch. 194, sec. 1, p. 357.]
(1) After five (5) years from the effective date of this section a referendum shall be held to determine if barley growers favor the continuation of the refund provisions prescribed in section 22-4015, Idaho Code. The question shall be submitted by secret ballots upon which the words "Do you favor a barley commission that is funded by all growers with no refund provision?" are printed with a square before each of the printed words "YES" and "NO" with directions to insert an "X" mark in the square before the proposition which the voter favors. If a majority of the referendum vote is in favor of continuing the refund provision, the provisions of subsection (4) of section 22-4015, Idaho Code, shall be extended indefinitely or until such time that the commission deems it necessary to hold another referendum on the issue.
(2) After five (5) years from the effective date of the referendum required by the provisions of subsection (1) above, and every five (5) years thereafter, a referendum on the continuation of the barley commission may be held at the petition of barley growers, or at the request of the barley commission. The question shall be submitted by secret ballots upon which the words "Do you favor continuation of the barley commission?" are printed with a square before each of the printed words "YES" and "NO" with directions to insert an "X" mark in the square before the question which the voter favors. If a majority of the referendum vote is in favor of continuing the barley commission, all of the provisions of chapter 40, title 22, Idaho Code, shall continue. If a majority of the referendum vote is against continuing the barley commission, the assessment imposed by section 22-4015, Idaho Code, shall cease on the date the director of the department of agriculture announces the results of the referendum vote, and the commission shall prepare a plan for terminating all activities of the commission, effective as soon as possible, but not later than the close of the current fiscal year. If necessary, the director of the department of agriculture shall implement the provisions of the plan. The procedures necessary to initiate a referendum under the provisions of this subsection are as follows:
(a) A referendum shall be held if the Idaho department of agriculture receives a petition requesting such referendum signed by ten percent (10%) or more of growers of barley in at least two (2) of the three (3) districts as outlined in section 22-4004, Idaho Code, as determined by the number of growers subject to the tax imposed by section 22-4015, Idaho Code, in either of the two (2) immediate past years; or
(b) A referendum shall be held if the Idaho department of agriculture receives a written request for such referendum from the barley commission.
(3) (a) Any referendum shall be conducted only among growers who paid a barley assessment during one (1) of the previous two (2) years, whether or not a refund of such assessment was requested or made.
(b) Any referendum must be held and supervised by the Idaho department of agriculture.
(c) Any referendum shall be held, and the result determined and declared by the director of the department of agriculture, and recorded in the office of the secretary of state.
(d) Notice of any referendum must be given by the commission in a manner determined by it. The ballots must be prepared by the commission and forwarded to eligible growers, who shall return them within twenty (20) days after mailing by the commission.
(e) The commission shall pay the costs of any referendum.
[22-4019, added 1988, ch. 194, sec. 1, p. 357.]
This act shall be known as the "Alfalfa and Clover Seed Industries Act."
[22-4201, added 1974, ch. 184, sec. 1, p. 1481; am. 2000, ch. 201, sec. 2, p. 497.]
It is hereby declared, as a matter of legislative determination, that it is to the best interests of all the people of the state of Idaho that the abundant and natural resources of Idaho be protected, fully developed and uniformly distributed; that economic waste threatens the alfalfa seed and clover seed industries in the state of Idaho by the lack of facilities and funds for research to develop and improve control measures for diseases and pests which attack alfalfa seed and clover seed pollinators, to improve alfalfa seed and clover seed growing culture and to disseminate information to the growers, and by lack of proper advertising and dissemination of information necessary for the development and promotion of alfalfa seed and clover seed grown in the state of Idaho; and that it is in the interests of the people, welfare and general prosperity of the state of Idaho that this avoidable economic waste be eliminated by the growers having at their disposal all available information on the best and most advanced methods of culture, growing, harvesting and marketing of alfalfa seed and clover seed. The purpose of this act is to promote the general welfare of our people by improving the culture and production of and expanding the market for alfalfa seed and clover seed grown in the state of Idaho.
[22-4202, added 1974, ch. 184, sec. 2, p. 1481; am. 2000, ch. 201, sec. 3, p. 498.]
Wherever used or referred to in this act, unless the context requires otherwise:
(1) "Commission" means the Idaho alfalfa and clover commission.
(2) "Grower" means any landowner personally engaged in growing alfalfa seed or clover seed, a tenant personally engaged in growing alfalfa seed or clover seed, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper or any and all other business units, devices and arrangements that grow alfalfa seed or clover seed.
(3) "Dealer" means any person, partnership, association, corporation, cooperative or other business unit or device that first handles, packs, ships, buys and sells alfalfa seed or clover seed, or who acts as sales or purchasing agent, broker or factor of alfalfa seed or clover seed.
(4) "Handled in the primary channels of trade" means the time when any alfalfa seed or clover seed is delivered under a sales contract, sold, or delivered for shipment and sale.
(5) "Ship" means to load alfalfa seed or clover seed into any mode of conveyance for transport in the channels of trade or to market.
(6) "Processor" and "processing plant" mean every person, partnership, association, corporation, cooperative or other business unit or device to whom and every place to which alfalfa seed or clover seed is delivered for cleaning, packing and blending.
[22-4203, added 1974, ch. 184, sec. 3, p. 1481; am. 2000, ch. 201, sec. 4, p. 498; am. 2006, ch. 365, sec. 1, p. 1103.]
(1) There is hereby created and established in the department of self-governing agencies an alfalfa and clover seed commission to be thus known and designated. The commission shall be composed of seven (7) members, including five (5) alfalfa seed or clover seed growers, one (1) representative from the university of Idaho college of agricultural and life sciences, and one (1) alfalfa seed or clover seed dealer.
(2) The five (5) grower members shall be citizens and residents of the state of Idaho, each of whom is and has been actively engaged in the growing and producing of alfalfa seed or clover seed within the state of Idaho, and a portion of whose income has been derived from growing alfalfa seed or clover seed.
(3) The one (1) dealer member shall be a person who, individually or as executive officer of a corporation, firm, partnership, association or cooperative organization, is and has been actively engaged as a dealer in alfalfa seed or clover seed within the state of Idaho, is a citizen and resident of this state, and a portion of his income shall have been derived from handling, packing, shipping, buying and selling alfalfa seed or clover seed, or acting as sales or purchasing agent, broker or factor of alfalfa seed or clover seed.
(4) The qualifications of members of the commission as herein set forth must continue during their term of office. Each member of the commission shall be compensated as provided by section 59-509(n), Idaho Code.
[22-4204, added 1974, ch. 184, sec. 4, p. 1481; am. 1980, ch. 247, sec. 20, p. 597; am. 1998, ch. 121, sec. 1, p. 451; am. 2000, ch. 201, sec. 5, p. 499; am. 2011, ch. 181, sec. 1, p. 513; am. 2025, ch. 138, sec. 1, p. 704.]
(1) For the purpose of nominating grower members of the commission, at a meeting of the Idaho alfalfa and clover seed growers association, the board of directors shall review the names of active growers in Idaho that meet the qualifications as provided in this section. By June 1 of each year, the names of two (2) grower members nominated by the association for each vacancy occurring on the commission shall be submitted to the governor for his consideration. Each member nominated for the commission shall be a resident citizen of the state of Idaho for a period of four (4) years prior to his election or selection, shall have active experience in growing alfalfa seed or clover seed and shall be now actually engaged in growing alfalfa seed or clover seed in Idaho and shall derive a substantial portion of his income from growing alfalfa seed or clover seed or be the directing or managing head of a corporation, firm, partnership, or other business unit which derives a substantial portion of its income from growing alfalfa seed or clover seed. To continue holding office, each member must remain qualified. The governor may remove any member who becomes disqualified during his term of office or who is unable to carry out his duties. The term of office of each member of the commission shall terminate on the last day of June of the year in which the term for which the member was elected ends, but each member of the commission shall serve until his respective successor is elected and has qualified. From such list of nominees, the governor shall designate and appoint one (1) as a member of the commission.
(2) A general meeting of the Idaho Eastern Oregon Seed Association shall nominate two (2) dealers, one (1) of whom shall be appointed as provided for in this act by June 30 of each year, and one (1) of whom shall be designated as alternate.
[22-4205, added 1974, ch. 184, sec. 5, p. 1481; am. 1998, ch. 121, sec. 2, p. 452; am. 2000, ch. 201, sec. 6, p. 499; am. 2006, ch. 365, sec. 2, p. 1103; am. 2011, ch. 181, sec. 2, p. 513.]
Any office which becomes vacant before expiration of the member’s term shall be filled by appointment in the manner provided for regular appointments.
The term of office of the members of the commission shall be three (3) years.
Members of the commission may not serve more than two (2) consecutive terms, provided, upon serving two (2) consecutive terms, and the lapse of one (1) full term, such member may again be nominated and appointed to the commission.
[22-4206, added 1974, ch. 184, sec. 6, p. 1481; am. 2011, ch. 181, sec. 3, p. 514.]
The powers and duties of the commission shall include the following:
(1) To administer and enforce this act.
(2) To contract in the name of the commission and be contracted with.
(3) To employ and at pleasure discharge a research director, research staff, a secretary, advertising manager, advertising agents, agents, attorneys, and such clerical and other help as it deems necessary and to control their powers and duties and to fix their compensation.
(4) To keep books, records and accounts of all its dealings, which books, records and accounts of all its dealings shall be open to inspection by the state controller at all times.
(5) To purchase or authorize the purchase of all office equipment and/or supplies and incur all other reasonable and necessary expenses and obligations in connection with and required for the proper carrying out of the provisions of this act.
(6) To become a member of and purchase membership in trade organizations and to subscribe to and purchase trade bulletins, journals and other trade publications.
(7) To plan and conduct a research program to improve the quality of alfalfa seed and clover seed, to develop and improve control measures for disease and pests which attack alfalfa and alfalfa seed pollinators and clover and clover seed pollinators and to improve alfalfa and clover growing culture and to disseminate such information among the growers and dealers of the state and to make such research contracts and other agreements as may be necessary.
(8) To plan and conduct a publicity and sales promotion campaign to increase the sale and use of Idaho alfalfa seed and clover seed and to make such publicity and sales promotion contracts and other agreements as may be necessary.
(9) To establish and maintain the executive offices of the commission at any place within the state of Idaho, which designated place may be changed at the discretion of the commission.
(10) To adopt and from time to time alter, rescind, modify or amend all proper and necessary rules and orders for the exercise of its powers and the performance of its duties under this act.
(11) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state, or the United States government, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts or agreements with such organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity and reciprocal enforcement of these objectives.
(12) To investigate and prosecute in the name of the state of Idaho violations of this act; to investigate and prosecute in the name of the state of Idaho any suit or action for the collection of assessments as hereinafter provided, or to protect brands, marks, packages, brand names or trademarks being promoted by the commission.
(13) To promote the sale and use of Idaho alfalfa seed and clover seed.
(14) To provide for and conduct a comprehensive and extensive research, promotion and educational campaign as continuous as the crop, sales and market conditions reasonably require.
[22-4207, added 1974, ch. 184, sec. 7, p. 1481; am. 1994, ch. 180, sec. 35, p. 449; am. 2000, ch. 201, sec. 7, p. 500.]
The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this act, which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this act shall be paid to the Idaho alfalfa and clover seed commission.
[22-4208, added 1974, ch. 184, sec. 8, p. 1481; am. 2000, ch. 201, sec. 8, p. 501.]
The state of Idaho is not liable for the acts or omissions of the commission or any member thereof, or any officer, agent or employee thereof.
[22-4209, added 1974, ch. 184, sec. 9, p. 1481.]
There is hereby levied on all alfalfa seed and clover seed grown annually in this state, all alfalfa seed sold as Idaho alfalfa seed and all clover seed sold as Idaho clover seed, an assessment of one cent ($0.01) per pound of clean seed. All moneys collected hereunder shall be expended to effectuate the purposes and objects of this act.
[22-4210, added 1974, ch. 184, sec. 10, p. 1481; am. 2000, ch. 201, sec. 9, p. 501; am. 2025, ch. 138, sec. 2, p. 705.]
All assessments levied and imposed under and pursuant to the provisions of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the alfalfa seed or clover seed is first handled in the primary channels of trade and shall be paid at such times as the commission may by rule prescribe, but not later than sixty (60) days from the date on which the grower received payment for the alfalfa seed or clover seed. If the party first handling the alfalfa seed or clover seed in the primary channels of trade is a person other than the grower he may charge against or recover from the grower of such alfalfa seed or clover seed the full amount of any assessment levied and imposed under this chapter.
[22-4211, added 1974, ch. 184, sec. 11, p. 1481; am. 2000, ch. 201, sec. 10, p. 501.]
Any person who has paid assessments to the commission herein shall have the right to require such commission to refund all or any portion of the assessment levied under the laws of such commission and paid by the producer. All such requests shall be in writing, filed not later than the first of August of each calendar year, and shall be on forms to be provided without cost to all producers who pay assessments to such commission.
[22-4212, added 1974, ch. 184, sec. 12, p. 1481.]
Any grower or dealer who fails to make collection or file return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five percent (5%) of the amount of the assessment determined to be due, as provided in this act, plus one percent (1%) of such amount for each month of delay or fraction thereof after the expiration of the month after such return was required to be filed or such assessment became due. The commission, if satisfied that the delay was excusable, may remit all or any part of such penalty. Such penalty shall be paid to the commission and disposed of as provided with respect to moneys derived from the assessment levied and imposed by this act.
[22-4213, added 1974, ch. 184, sec. 13, p. 1481.]
Every dealer shall maintain accurate records of all alfalfa seed and clover seed handled, packed, shipped or processed by him. The record shall be in such form and contain such information as the commission may by rule prescribe, and shall be preserved for a period of two (2) years, and be subject to inspection at any time upon request of the commission or its agents.
[22-4214, added 1974, ch. 184, sec. 14, p. 1481; am. 2000, ch. 201, sec. 11, p. 502.]
(1) All receipts for the commission will be deposited within five (5) working days of being received, all moneys received by the commission from the assessment levied under section 22-4210, Idaho Code, and all other moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such accounts at such banks or trust companies.
(2) (a) No moneys shall be withdrawn or paid out of such accounts except upon order of the commission and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission. A receipt, voucher or other written record, showing clearly the nature and items covered by each check or other order, shall be kept.
(b) All moneys referred to in subsection (1) of this section shall be used by the commission only for the payment of expenses of the commission in carrying out the powers conferred on the commission.
(c) The commission may require any commission member or agent or employee appointed by the commission to give a bond payable to the commission in the amount and with the security and containing the terms and conditions the commission may prescribe. The cost of such bond is an administrative cost under this act.
(3) All moneys received or expended by the commission shall be audited every second year, but shall address each year separately, by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year. The right is reserved to the state of Idaho to audit all funds of the commission at any time.
[22-4215, added 1974, ch. 184, sec. 15, p. 1481; am. 1998, ch. 121, sec. 3, p. 453; am. 2003, ch. 32, sec. 13, p. 125; am. 2006, ch. 361, sec. 1, p. 1098.]
If it appears from an investigation that the revenue from the assessment levied under this act is inadequate to accomplish the purposes of this act, the commission shall file with the director of the department of agriculture a report showing the necessity of the industry, extent and probable cost of the required research, market promotion and advertising, extent of public convenience, interest and necessity, and probable revenue from the assessment desired to be levied. It may thereupon increase the assessment to a sum not to exceed one cent ($0.01) per pound of clean seed; but no increase shall be made prior to filing of said report and favorable finding.
[22-4216, added 1974, ch. 184, sec. 16, p. 1481; am. 2025, ch. 138, sec. 3, p. 705.]
Every person who shall violate or aid in the violation of any of the provisions of this act, or any of the rules, regulations or order of the commission adopted pursuant to the authority conferred by this act, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for a period not exceeding ninety (90) days or by both such fine and imprisonment and all fines collected for violation of this act shall be deposited as provided in section 22-4215.
[22-4217, added 1974, ch. 184, sec. 17, p. 1481.]
This act shall be liberally construed, and if any part or portion thereof be declared invalid, or the application thereof to any person, circumstance or thing is declared invalid, the validity of the remainder of this act and/or the applicability thereof to any persons, circumstance or thing shall not be affected thereby, and it is the intention of the legislature to preserve any and all parts of this act if possible.
[22-4218, added 1974, ch. 184, sec. 18, p. 1481.]
(1) The county commissioners of any county shall, upon petition signed by not less than fifty (50) resident real property holders of said county, or any portion thereof, which may exclude incorporated cities, undertake the following procedure to determine the advisability of resolving to establish and maintain a weather modification district within the county as may be designated in the petition.
(a) A petition to form a weather modification district shall be presented to the county clerk and recorder. The petition shall be signed by not less than fifty (50) of the resident real property holders within the proposed district. The petition shall designate the boundaries of the district.
(b) The petition shall be filed with the county clerk and recorder of the county in which the signers of the petition are located. Upon the filing of the petition the county clerk shall examine the petition and certify whether the required number of petitioners have signed the petition. If the number of petition signers is sufficient, the clerk shall transmit the petition to the board of county commissioners.
(c) Upon receipt of a duly certified petition the board of county commissioners shall give notice of an election to be held, subject to the provisions of section 34-106, Idaho Code, in such proposed district for the purpose of determining whether or not the proposed district shall be organized and to elect the first board of trustees for the district. Such notice shall include the date and hours of the election, the polling places, the maximum percent of market value for assessment purposes of taxable property within the district which the proposed district will be permitted to levy, the general purposes of the proposed district, a description of lands to be included in the proposed district, a statement that a map of the proposed district is available in the office of the board of county commissioners, and the names and terms of the members to be elected to the first board of trustees. The notice shall be published once each week for three (3) consecutive weeks prior to such election, in a newspaper of general circulation within the county.
(d) The election shall be held and conducted consistent with the provisions of chapter 14, title 34, Idaho Code. The county clerk shall appoint judges of election, one (1) of whom shall act as clerk for the election. At such election the electors shall vote for or against the organization of the district and the members of the first board of trustees.
(e) The county clerk shall certify the returns of the election to the board of county commissioners. If a majority of the votes cast at said election are in favor of the organization, the board of county commissioners shall declare the district organized and give it a name by which, in all proceedings, it shall thereafter be known, and shall further designate the first board of trustees elected, and thereupon the district shall be a legal taxing district.
(f) On the third Tuesday of May, in the next odd-numbered calendar year after the organization of any district, and on the third Tuesday of May every odd-numbered year thereafter, an election shall be held.
At the election in any district hereafter organized, there shall be elected by the qualified electors of the district, two (2) members of the board to serve for a term of four (4) years; at the next odd-numbered year election, there shall be elected one (1) member of the board to serve for a term of four (4) years. Such election shall be held and conducted consistent with the provisions of chapter 14, title 34, Idaho Code.
In any election for trustees, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a trustee position, it shall not be necessary for the candidate to stand for election, and the board of trustees of the district shall declare such candidate elected as trustee, and the secretary of the district shall immediately make and deliver to such person a certificate of election.
[22-4301, added 1975, ch. 145, sec. 1, p. 334; am. 1982, ch. 254, sec. 2, p. 647; am. 1995, ch. 118, sec. 11, p. 438; am. 2009, ch. 341, sec. 6, p. 998; am. 2011, ch. 11, sec. 3, p. 26.]
The board of trustees of a weather modification district shall conduct the affairs of the district. The board of trustees shall certify a budget to the board of county commissioners to fund the operations of the district. The budget preparation, hearings and approval shall be the same as required for any county budget. The certification of the budget to the board of county commissioners shall be as required for other taxing districts. The board of county commissioners may levy annually upon all taxable property in the weather modification district, a tax not to exceed four (4) mills, to be collected and paid into the county treasury and apportioned to a fund to be designated the "weather modification" fund, which is hereby created. Such fund shall be used by the district for the gathering of information upon, aiding in or conducting programs for weather control or modification, and such activities related to weather modification programs as are necessary to insure the full benefit of such programs. Moneys in the fund may be paid out only on order of the board of trustees.
[22-4302, added 1975, ch. 145, sec. 2, p. 334.]
The legislature finds that agricultural activities conducted on farmland in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from agricultural uses, and in some cases prohibit investments in agricultural improvements. It is the intent of the legislature to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance. The legislature also finds that the right to farm is a natural right and is recognized as a permitted use throughout the state of Idaho.
[22-4501, added 1981, ch. 177, sec. 1, p. 311.]
As used in this chapter:
(1) "Agricultural facility" includes, without limitation, any land, building, structure, ditch, drain, pond, impoundment, appurtenance, machinery or equipment that is used in an agricultural operation.
(2) "Agricultural operation" means an activity or condition that occurs in connection with the production of agricultural products for food, fiber, fuel and other lawful uses, and includes, without limitation:
(a) Construction, expansion, use, maintenance and repair of an agricultural facility;
(b) Preparing land for agricultural production;
(c) Applying pesticides, herbicides or other chemicals, compounds or substances labeled for insects, pests, crops, weeds, water or soil;
(d) Planting, irrigating, growing, fertilizing, harvesting or producing agricultural, horticultural, floricultural and viticultural crops, fruits and vegetable products, field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant byproducts, plant waste and plant compost;
(e) Breeding, hatching, raising, producing, feeding and keeping livestock, dairy animals, swine, fur-bearing animals, poultry, eggs, fish and other aquatic species, and other animals, animal products and animal byproducts, animal waste, animal compost, and bees, bee products and bee byproducts;
(f) Processing and packaging agricultural products, including the processing and packaging of agricultural products into food and other agricultural commodities;
(g) Manufacturing animal feed;
(h) Transporting agricultural products to or from an agricultural facility;
(i) Noise, odors, dust, fumes, light and other conditions associated with an agricultural operation or an agricultural facility;
(j) Selling agricultural products at a farmers or roadside market;
(k) Participating in a government-sponsored agricultural program; and
(l) The ingress and egress of agricultural aircraft to agricultural lands or treatment areas.
(3) "Nonagricultural activities," for the purposes of this chapter, means residential, commercial or industrial property development and use not associated with the production of agricultural products.
(4) "Improper or negligent operation" means that the agricultural operation is not undertaken in conformity with federal, state and local laws and regulations or permits, and adversely affects the public health and safety.
[22-4502, added 1981, ch. 177, sec. 1, p. 311; am. 1997, ch. 341, sec. 1, p. 1025; am. 1999, ch. 377, sec. 1, p. 1035; am. 2011, ch. 229, sec. 1, p. 623; am. 2022, ch. 116, sec. 1, p. 424.]
No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof.
[22-4503, added 1981, ch. 177, sec. 1, p. 312; am. 1999, ch. 377, sec. 2, p. 1035; am. 2011, ch. 229, sec. 2, p. 624.]
No city, county, taxing district or other political subdivision of this state shall adopt any ordinance or resolution that declares any agricultural operation, agricultural facility or expansion thereof that is operated in accordance with generally recognized agricultural practices to be a nuisance, nor shall any zoning ordinance that requires abatement as a nuisance or forces the closure of any such agricultural operation or agricultural facility be adopted. Any such ordinance or resolution shall be void and shall have no force or effect. Zoning and nuisance ordinances shall not apply to agricultural operations and agricultural facilities that were established outside the corporate limits of a municipality and then were incorporated into the municipality by annexation. The county planning and zoning authority may adopt a nuisance waiver procedure to be recorded with the county recorder or appropriate county recording authority pursuant to residential divisions of property.
[22-4504, added 1994, ch. 107, sec. 2, p. 239; am. 1997, ch. 341, sec. 2, p. 1026; am. 2011, ch. 229, sec. 3, p. 625.]
(1) An agricultural operation, agricultural facility or expansion thereof shall not be found to be a nuisance under the circumstances described in section 22-4503, Idaho Code.
(2) An agricultural operation, agricultural facility or expansion thereof that is operated in accordance with generally recognized agricultural practices or in compliance with a state or federally issued permit shall not be found to be a public or private nuisance. The provisions of this subsection shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof.
(3) If a public or private nuisance claim or cause of action is filed against the owner or operator of an agricultural operation or the owner of the land on which the agricultural operation is conducted and the applicable court finds that the owner or operator is the prevailing party in the action because the agricultural operation was conducted in accordance with this chapter, then the owner or operator shall be entitled to receive its reasonable attorney’s fees and costs from the non-prevailing party.
(4)(a) Any person who files or makes more than one (1) meritless complaint with the Idaho department of agriculture, the Idaho department of environmental quality, the Idaho department of lands, or any other state or local law enforcement agency against a specific agricultural operation within a two (2) year period from the date of the first complaint shall be subject to the following penalties:
(i) Filing or making a second meritless complaint within two (2) years shall be an infraction and subject to a one hundred fifty dollar ($150) fine.
(ii) Filing or making a third meritless complaint within two (2) years shall be an infraction and subject to a three hundred dollar ($300) fine.
(iii) Filing or making a fourth or subsequent meritless complaint within two (2) years shall be a misdemeanor.
(b) For the purposes of this subsection, "meritless complaint" means a complaint made or filed with the Idaho department of agriculture, the Idaho department of environmental quality, the Idaho department of lands, or any other state or local law enforcement agency alleging that an agricultural operation constitutes a public or private nuisance as described in this chapter when that agricultural operation was operating in compliance with this chapter at the time of the complaint.
[22-4505, added 2011, ch. 229, sec. 4, p. 625; am. 2025, ch. 147, sec. 1, p. 730.]
If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
[22-4506, added 2011, ch. 229, sec. 5, p. 625.]
As used in this chapter:
(1) "Aquaculture" means the husbandry of aquatic plants and animals, both public and private.
(2) "Aquaculture facility" means any facility, hatchery, pond, lake or stream or any other waters where fish are held, raised and produced for sale.
(3) "Aquatic life" means all types of aquatic plants and animals or wildlife (invertebrate or vertebrate), approved for importation by the director of the department of fish and game pursuant to authority granted to him by the fish and game commission pursuant to the commission’s authority under section 36-104(b)(6), Idaho Code, and all life stages whether publicly or privately held.
(4) "Department" means the Idaho department of agriculture.
(5) "Director" means the director of the department of agriculture.
(6) "Person" means an individual, partnership, corporation, company or other business entity and any agent or officer of any partnership, corporation, company or other business entity.
[22-4601, added 1992, ch. 273, sec. 1, p. 844; am. 1994, ch. 363, sec. 1, p. 1138.]
(1) No person shall obtain, possess, preserve, or propagate fish in this state for the purpose of selling the same unless he has first secured a commercial fish rearing license from the director. Such license may be issued by the director upon his finding that:
(a) Such commercial facility is not constructed in or across any natural streambed, lake or other watercourse containing wild fish.
(b) Any dam constructed to divert water into said facility meets all the requirements of section 36-906(a), Idaho Code.
(c) All water inlets to said facility are screened in the manner provided in section 36-906(b), Idaho Code.
(d) The application for such license is made upon a form provided by the department which sets forth such reasonable information as may be required by the director.
(e) The effluent control facilities have been approved by the legally designated state and federal agencies.
(f) The approved application is accompanied by a license fee of twenty-five dollars ($25.00).
(2) A valid license must be obtained for each separate location. Licenses shall expire February 1 in each even-numbered year; biennially thereafter.
(3) A receipt shall be issued to each purchaser identifying the hatchery source and specifying the numbers and species of fish and the date of sale for all sales from fish ponds for a fee and for the sale of live fish for stocking destined for release as wild fish in private or public waters.
(4) The director may, from time to time, inspect a licensed facility to determine conformity of the facility with the licensing requirements of this section and for purposes of determining the species of fish being propagated at the facility.
[22-4602, added 1992, ch. 273, sec. 1, p. 844.]
The director is authorized to promulgate rules in accordance with chapter 52, title 67, Idaho Code, for the administration and implementation of this chapter including, but not limited to, rules concerning onsite inspections, standards for maintenance of fish health and standards for marketing. The director is further authorized to develop and conduct research programs addressing environmental issues and other issues related to the industry. In the development of such rules and programs, the director shall consult with representatives of commercial fisheries and the aquaculture industry.
[22-4603, added 1992, ch. 273, sec. 1, p. 845; am. 1994, ch. 363, sec. 2, p. 1138.]
Any person violating the provisions of this chapter or any rule promulgated by the director pursuant thereto shall be subject to an administrative penalty not to exceed one thousand dollars ($1,000) for each offense. In addition to or in lieu of such penalty, the director is authorized to suspend for up to one (1) year or revoke any license issued hereunder. Proceedings under this section shall be conducted in the manner provided for contested cases in chapter 52, title 67, Idaho Code. If the department is unable to collect any administrative penalty assessed hereunder, or if any person fails to pay all or a portion of the administrative penalty assessed hereunder, the department may recover such amount by action in the appropriate district court.
Penalties collected for violations under this section shall be deposited in the commercial fisheries/aquaculture account.
[22-4604, added 1992, ch. 273, sec. 1, p. 845; am. 1994, ch. 363, sec. 3, p. 1138.]
License fees and penalties collected under section 22-4604, Idaho Code, and any other moneys received by the department for research or other purposes related to commercial fisheries or aquaculture shall be deposited in the commercial fisheries/aquaculture account which is hereby created in the state treasury. Moneys in the account shall be used solely for carrying out the provisions of this chapter.
[22-4605, added 1992, ch. 273, sec. 1, p. 846; am. 1994, ch. 363, sec. 4, p. 1139.]
This chapter shall be known and may be cited as the "Oilseed Research and Development Act."
[22-4701, added 1996, ch. 216, sec. 1, p. 704; am. 2007, ch. 60, sec. 2, p. 143.]
It is in the best interests of the state of Idaho that its abundant natural resources be efficiently used and effectively managed for the benefit of its citizens. The oilseed industry is rapidly developing and significantly contributing to the economic welfare of Idaho. The products provided are an important and nutritious part of the human diet. Domestic demand exceeds what is produced in the United States. Moreover, the world market for oilseeds continues to expand. Idaho farmers are in an excellent position to take advantage of this demand. The university of Idaho leads the nation in research on canola and rapeseed. The research effort is critical to the competitiveness of Idaho growers and must be expanded and enhanced. It is the purpose of this chapter to promote the public health and welfare of the citizens of the state by implementing a program of research, promotion, and consumer and industry information designed to strengthen the position in the marketplace of the Idaho oilseed industry, to expand existing markets, and to develop new markets for oilseed and their products.
[22-4702, added 1996, ch. 216, sec. 1, p. 704; am. 2007, ch. 60, sec. 3, p. 143.]
As used in this chapter, unless the context requires otherwise:
(1) "Commercial channels" means the sale of oilseeds for food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any person, public or private, who resells any oilseed or any product produced from oilseed.
(2) "Commission" means the Idaho oilseed commission.
(3) "Delivery" means placing of oilseed into the primary channels of trade.
(4) "First purchaser" means any person, partnership, association, corporation, cooperative, trust, estate, or any and all other business units, devices and arrangements that buy oilseed in this state in the first instance, or any lienholder, public or private, including the commodity credit corporation, who may possess oilseed from the grower under any lien.
(5) "Grower" means any landowner, or tenant of the landowner, personally engaged in growing oilseed, or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, estate, sharecropper, or any and all other business units, devices and arrangements.
(6) "Oilseed" means seeds produced for use as oil, meal, planting seed, condiment, or other industrial or chemurgic uses.
(7) "Sale" includes any pledge, mortgage, or delivery of oilseed for sale after harvest to any person, public or private.
(8) "Seller" means any person or entity, including growers, who sells oilseed in the first instance.
[22-4703, added 1996, ch. 216, sec. 1, p. 704; am. 2007, ch. 60, sec. 4, p. 143.]
There is hereby created and established in the department of self-governing agencies a commission which shall be exclusively known and referred to as the Idaho oilseed commission on and after the effective date of this act. The commission shall be composed of three (3) members appointed by the governor at the recommendation of a representative group of oilseed growers in the state of Idaho. Commission members appointed by the governor shall hold office for a term of three (3) years. The commissioners may appoint a representative from the supporting oilseed industry, who is not a grower, to serve as an ex officio member of the commission without voting privileges. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, and the director of the department of agriculture shall also be ex officio members of the commission without voting privileges.
[22-4704, added 1996, ch. 216, sec. 1, p. 705; am. 2007, ch. 60, sec. 5, p. 144.]
Members of the commission shall be nominated and appointed because of their ability and willingness to serve the interests of the state of Idaho and their knowledge of the state’s natural resources. Members shall be citizens of the United States, over twenty-five (25) years of age, and residents of the state of Idaho who are actually engaged in the growing of oilseed in the state and have been for at least the three (3) years immediately preceding appointment. Members must derive a substantial portion of their income from growing oilseed in the state of Idaho.
[22-4705, added 1996, ch. 216, sec. 1, p. 705; am. 2007, ch. 60, sec. 6, p. 145.]
Beginning July 1, 1996, the first members of the commission shall be appointed by the governor for terms of one (1) to three (3) years each as follows: at-large member, one (1) year; southern district member, two (2) years; northern district member, three (3) years. At the expiration of their original terms, commission members shall be appointed for a term of three (3) years. No member shall serve more than two (2) consecutive full terms. Each member shall hold office until his successor is appointed and qualified. Appointments to fill vacancies shall be for the balance of the unexpired term.
[22-4706, added 1996, ch. 216, sec. 1, p. 706.]
Members of the commission shall be compensated as provided in section 59-509(h), Idaho Code.
[22-4707, added 1996, ch. 216, sec. 1, p. 706.]
The commission shall elect a chairman who is a commission member and may employ an administrator who is not a member of the commission, or may contract with another state agricultural commission or similar agency for the administration of the commission’s business.
[22-4708, added 1996, ch. 216, sec. 1, p. 706; am. 2007, ch. 60, sec. 7, p. 145.]
The commission shall meet at least once every three (3) months regularly and at other times as required by the chairman. The chairman may call special meetings of the commission at any time or place.
[22-4709, added 1996, ch. 216, sec. 1, p. 706.]
(1) The commission shall establish the policies to be followed in the accomplishment of and consistent with the general purposes of this chapter.
(2) In the administration of this chapter, the commission shall have the following duties, authorities and powers:
(a) To conduct a campaign of research, education and publicity.
(b) To find new markets for oilseed and oilseed products.
(c) To give, publicize and promulgate reliable information showing the value of oilseed and oilseed products for any purpose for which they are found useful and profitable.
(d) To make public and encourage the widespread national and international use of the special kinds of oilseed and oilseed products produced from all varieties of oilseed grown in Idaho.
(e) To investigate and participate in studies of the problems peculiar to the growers of oilseed in Idaho.
(3) The commission shall have the duty, power and authority:
(a) To take action as the commission deems necessary or advisable to stabilize and protect the oilseed industry of the state and the health and welfare of the public.
(b) To sue and be sued.
(c) To enter into contracts as may be necessary or advisable.
(d) To appoint and employ officers, agents and other personnel, including experts in agriculture and the publicizing of agricultural products, and to prescribe their duties and fix their compensation.
(e) To advertise as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state.
(f) To cooperate with any local, state, or national organization or agency, whether voluntary or created by the law of any state or by federal law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with those organizations or agencies for carrying on joint campaigns of research, education, publicity and reciprocal enforcement.
(g) To lease, purchase or own the real or personal property deemed necessary in the administration of this chapter.
(h) To prosecute in the name of the state of Idaho any suit or action for collection of the tax or assessment provided for in this chapter.
(i) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and rules for the procedures and exercise of its powers and the performance of its duties.
(j) To incur indebtedness and carry on all business activities.
(k) To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller at all times.
(l) Except as otherwise provided in this chapter, information obtained from books, records, and accounts required to be maintained by this chapter and pertaining to individual production records of oilseed growers shall be kept confidential, and shall not be disclosed to the public by any person.
[22-4710, added 1996, ch. 216, sec. 1, p. 706; am. 2007, ch. 60, sec. 8, p. 145.]
The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this chapter shall be paid into a bank account in the name of the Idaho oilseed commission and such moneys are hereby continuously appropriated and made available for defraying the expenses of the commission in carrying out the provisions of this chapter.
[22-4711, added 1996, ch. 216, sec. 1, p. 707; am. 2007, ch. 60, sec. 9, p. 146.]
The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this act.
[22-4712, added 1996, ch. 216, sec. 1, p. 707.]
The commission may appoint an administrator to devote as much time to the administration of the act as deemed necessary by the commission. He shall proceed immediately to prepare the plans and general program necessary and proper to carry out the policies that are adopted by the commission. The administrator shall be paid a reasonable salary fixed by the commission, commensurate with his duties, and all necessary expenses. The administrator shall serve at the discretion of the commission members.
[22-4713, added 1996, ch. 216, sec. 1, p. 707.]
For the convenience of the majority of those most likely to be affected in the administration of this chapter, the administrator, upon recommendation of the commission, shall establish and maintain an office for the administrator.
[22-4714, added 1996, ch. 216, sec. 1, p. 708; am. 2007, ch. 60, sec. 10, p. 146.]
The state of Idaho is not liable for the acts or omissions of the commission or any of its members, or any officer, agent or employee of the commission.
[22-4715, added 1996, ch. 216, sec. 1, p. 708.]
(1) From and after the first day of July 1996, there is hereby levied and imposed a tax of ten cents (10¢) per hundred weight on all oilseed sold or contracted in this state through commercial channels. The tax shall be due on or before the time when the oilseed is first sold or contracted in the commercial channels in this state and shall be paid at the times the commission may by rule prescribe, but not later than the 15th day of the month next succeeding the three (3) month period in which the oilseed is sold or contracted in commercial channels. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax.
(2) The tax shall be levied and assessed to the seller at the time of delivery for sale and shall be deducted by the first purchaser from the price paid to the seller at the time of sale, or in case of a lienholder who may possess the oilseed under his lien, the tax shall be deducted by the lienholder from the proceeds of the claim secured by the lien at the time the oilseed is pledged or mortgaged. The tax shall be deducted as provided in this section whether the oilseed is stored in this state or elsewhere. The commission may, however, permit any federal corporation, such as the commodity credit corporation, to waive its responsibility for the collection of the tax, provided the amount of the tax is one dollar ($1.00) or less.
(3) The tax constitutes a lien prior to all other liens and encumbrances upon the oilseed, except liens which are declared prior by operation of a statute of this state.
(4) Any person or firm who pays taxes to the commission at a date later than that prescribed in this section may be subject to assessment of a late payment penalty as set forth by rule of the commission. The penalty shall not exceed the rate of eighteen percent (18%) per annum on the amount due. In addition to the penalty, the commission may recover all costs and fees, including reasonable attorney’s fees, incurred in collecting the tax and penalty provided for in this section.
(5) A sale shall be exempt from the tax imposed in this section if a substantially similar tax is imposed by and paid to another state or foreign country and used for similar purposes with respect to the same oilseed. The commission shall, by rule, identify what other taxes are substantially similar and are used for similar purposes, and shall establish procedures for sellers to prove the payment of the other taxes.
[22-4716, added 1996, ch. 216, sec. 1, p. 708; am. 2007, ch. 60, sec. 11, p. 147.]
(1) During the period beginning on July 1, 1996, and ending on the date on which a referendum is conducted pursuant to section 22-4718, Idaho Code, the commission shall establish an escrow account to be used for refunds of assessments collected pursuant to section 22-4716, Idaho Code, and shall place an amount equal to ten percent (10%) of the total amounts collected in the escrow account. At the conclusion of each fiscal year, any balance in the escrow account after paying refund claims shall be transferred to one (1) or more of the accounts established by the commission pursuant to section 22-4720, Idaho Code.
(2) The commission shall refund to a seller the assessments paid by or on behalf of the seller if the seller is required to pay the assessments, the seller does not support the program established under this act, and the seller demands the refund prior to the time prescribed by the commission in rules of the commission.
(3) The refund demand shall be made in accordance with rules, in the form, and within the time period prescribed by the commission.
(4) The refund shall be made on submission of proof satisfactory to the commission that the seller paid the assessments described in section 22-4716, Idaho Code, and for which the refund is demanded.
(5) If the amount in the escrow account is not sufficient to refund the total amount of assessments demanded by eligible sellers and the commission is not approved to continue pursuant to the referendum conducted pursuant to this act, the commission shall prorate the amount of the refunds among all eligible sellers who demand a refund.
(6) If the operation of the commission is approved in the referendum conducted pursuant to this act, all funds remaining in the escrow account shall be returned to the commission for its use in accordance with this act.
[22-4717, added 1996, ch. 216, sec. 1, p. 709; am. 1998, ch. 241, sec. 1, p. 800.]
(1) During the period ending thirty (30) months after July 1, 1996, the commission shall conduct a referendum among sellers who, during a representative period as determined by the rules of the commission, have sold oilseed for the purpose of ascertaining whether the commission shall continue.
(2) Notice shall be given to sellers eligible to vote in the referendum in accordance with rules established by the commission.
(3) If a majority of the eligible sellers approve, the commission will be continued and the refund provisions will be terminated.
(4) If a majority of eligible sellers do not approve to continue the commission, collection of the tax under this chapter shall be terminated.
(5) If a majority of the eligible sellers approve of continuing the commission in the original referendum, at intervals of five (5) years, the commission shall conduct an advisory poll of qualified sellers as to the effectiveness and continuation of the commission.
[22-4718, added 1996, ch. 216, sec. 1, p. 709; am. 2007, ch. 60, sec. 12, p. 147.]
(1) The purchaser, at the time of settlement, shall make and deliver separate invoices for each purchase to the seller.
(2) The invoices shall be on forms and in such numbers as prescribed and supplied by the commission and shall show at least:
(a) The name and address of the seller.
(b) The name and address of the purchaser.
(c) The number of pounds of oilseed sold.
(d) The date of purchase.
(3) The invoices shall be legibly written and shall have no corrections or erasures on the face thereof.
(4) Unlawful or willful alteration of an invoice shall constitute a misdemeanor.
[22-4719, added 1996, ch. 216, sec. 1, p. 709; am. 2007, ch. 60, sec. 13, p. 148.]
(1) Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate the banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) No moneys shall be withdrawn or paid out of such accounts except upon order of the commission and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission.
(3) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house of representatives agricultural affairs committee, the legislative council, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year. From and after January 15, 1999, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(4) All moneys received or expended by the commission shall be audited every second year, but shall address each year separately, by a certified public accountant designated by the commission, who shall furnish a copy of the audit to the director of legislative services and to the senate agricultural affairs committee and the house of representatives agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year. The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(5) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
[22-4720, added 1996, ch. 216, sec. 1, p. 710; am. 2003, ch. 32, sec. 14, p. 126; am. 2005, ch. 56, sec. 1, p. 210; am. 2006, ch. 363, sec. 1, p. 1100.]
Any person who shall violate or aid in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300), or imprisonment not to exceed ninety (90) days, or both. Fines collected for violation of this chapter shall be paid into the "Idaho oilseed commission fund."
[22-4722, added 1996, ch. 216, sec. 1, p. 711; am. 2007, ch. 60, sec. 14, p. 148.]
This chapter shall be known and cited as the "Beef Cattle Environmental Control Act."
[22-4901, added 2000, ch. 63, sec. 1, p. 139.]
(1) The legislature recognizes the importance of protecting state natural resources including surface water and ground water. It is the intent of the legislature to protect the quality of these natural resources while maintaining an ecologically sound, economically viable, and socially responsible beef cattle industry in the state. The beef cattle industry produces manure and process wastewater which, when properly used, supplies valuable nutrients and organic matter to soils and is protective of the environment, but may, when improperly stored and managed, create adverse impacts on natural resources, including waters of the state. This chapter is intended to ensure that manure and process wastewater associated with beef cattle operations are handled in a manner which protects the natural resources of the state.
(2) Successful implementation of this chapter is dependent upon the department receiving adequate funding from the legislature. Moreover, the legislature recognizes that it is important for the state to obtain a delegated national pollutant discharge elimination system (NPDES) program from the United States environmental protection agency under the clean water act. The department’s authority to enforce this chapter should be consistent and coordinated with the department of environmental quality’s authorities pursuant to title 39, Idaho Code, to protect state ground and surface waters, and to obtain approval from the United States environmental protection agency to implement and administer an Idaho NPDES program governing the discharge of pollutants to the waters of the United States as defined in the federal clean water act.
[22-4902, added 2000, ch. 63, sec. 1, p. 139; am. 2001, ch. 103, sec. 7, p. 261; am. 2004, ch. 187, sec. 1, p. 579; am. 2010, ch. 343, sec. 1, p. 900; am. 2016, ch. 129, sec. 1, p. 376.]
(1) The director of the department of agriculture through the division of animal industries is authorized to regulate beef cattle animal feeding operations to protect state natural resources, including surface water and ground water. The department is authorized to adopt rules to implement the provisions of this chapter.
(2) Nothing in this chapter shall affect the authority of the department of environmental quality to administer and enforce an Idaho NPDES program for beef cattle feeding operations, including without limitation, the authority to issue permits, access records, conduct inspections and take enforcement action, as set forth in chapter 1, title 39, Idaho Code, and the rules adopted pursuant thereto. The provisions of this chapter do not alter the requirements, liabilities and authorities with respect to or established by an Idaho NPDES program.
(3) The director of the department of environmental quality and the director of the department of agriculture shall, as appropriate, establish an agreement relating to the administration of an Idaho NPDES program that recognizes the expertise of the department of agriculture. The director shall have the authority to exercise any other authorities delegated by the director of the department of environmental quality regarding the protection of ground water, surface water and other natural resources associated with beef cattle feeding operations, and this shall be the authority for the director of the department of environmental quality to so delegate.
(4) The director of the department of environmental quality shall consult with the director of the department of agriculture before certifying discharges from beef cattle animal feeding operations as provided under 33 U.S.C. section 1341.
[22-4903, added 2000, ch. 63, sec. 1, p. 140; am. 2001, ch. 103, sec. 8, p. 262; am. 2004, ch. 187, sec. 2, p. 580; am. 2016, ch. 129, sec. 2, p. 377.]
When used in this chapter:
(1) "Administrator" means the administrator, or his designee, for the animal industries division of the Idaho department of agriculture.
(2) "Beef cattle" means slaughter and feeder cattle or dairy heifers that are kept on or contiguous to the animal feeding operation and are owned or controlled by the animal feeding operation.
(3) "Beef cattle animal feeding operation" means an animal feeding operation which confines the number of slaughter and feeder cattle or dairy heifers as set forth in 40 CFR 122.23(b)(1), (b)(2), (b)(4), (b)(6) or (b)(9).
(4) "Best management practices" means practices, techniques or measures which are determined to be reasonable precautions, are a cost-effective and practicable means of preventing or reducing pollutants from point sources or nonpoint sources to a level compatible with environmental goals, including water quality goals and standards for waters of the state. Best management practices for water quality shall be adopted pursuant to the state water quality management plan, the Idaho ground water quality plan or this chapter.
(5) "Department" means the Idaho department of agriculture.
(6) "Director" means the director of the Idaho department of agriculture or his designee.
(7) "Manure" means animal excrement that may also contain bedding, spilled feed, water or soil.
(8) "Modification" or "modified" means structural changes and alterations to the wastewater storage containment facility which would require increased storage or containment capacity or such changes which would alter the function of the wastewater storage containment facility.
(9) "Noncompliance" means a practice or condition that causes an unauthorized discharge, or a practice or condition, that if left uncorrected, will cause an unauthorized discharge.
(10) "National pollutant discharge elimination system (NPDES)" means the point source permitting program established pursuant to section 402 of the federal clean water act.
(11) "Nutrient management plan" means a plan prepared in conformance with the nutrient management standard, provisions required by 40 CFR 122.42(e)(1), or other equally protective standard for managing the amount, placement, form and timing of the land application of nutrients and soil amendments.
(12) "Nutrient management standard" means the 1999 publication by the United States department of agriculture, natural resources conservation service, conservation practice standard, nutrient management code 590 or other equally protective standard approved by the director.
(13) "Person" means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity, which is recognized by law as the subject of rights and duties.
(14) "Process wastewater" means liquid containing beef cattle manure, process-generated wastewater and any precipitation which comes into direct contact with livestock manure and facility products or byproducts.
(15) "Unauthorized discharge" means a discharge of process wastewater or livestock manure to state surface waters that does not meet the requirements of this chapter or water quality standards.
(16) "Wastewater storage and containment facilities" means the portion of an animal feeding operation where manure or process wastewater is stored or collected. This may include corrals, feeding areas, waste collection systems, waste conveyance systems, waste storage ponds, waste treatment lagoons and evaporative ponds.
(17) "Waters of the state" means all accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the state.
[22-4904, added 2000, ch. 63, sec. 1, p. 140; am. 2004, ch. 187, sec. 3, p. 580; am. 2016, ch. 129, sec. 3, p. 377.]
Each new beef cattle animal feeding operation and each modified beef cattle animal feeding operation shall design and construct all new and modified wastewater storage and containment facilities in accordance with the engineering standards and specifications provided by the natural resource conservation service or the American society of agricultural engineers (ASAE) or other equally protective standard approved by the director. The department’s review and approval of plans under this section shall supersede the Idaho department of environmental quality’s implementation of plan and specification review and approval provided under section 39-118, Idaho Code. Such design and construction shall be considered a best management practice.
[22-4905, added 2000, ch. 63, sec. 1, p. 141; am. 2001, ch. 103, sec. 9, p. 263.]
Each beef cattle animal feeding operation shall submit a nutrient management plan to the director for approval. Beef cattle animal feeding operations that are operating on or before July 1, 2000, shall submit a nutrient management plan to the director for approval no later than January 1, 2005. Any new operation commencing operations after July 1, 2000, shall not operate prior to the director’s approval of a nutrient management plan. An approved nutrient management plan shall be implemented and considered a best management practice. Following department review and approval, the plan, and all copies of the plan, shall be returned to the operation and maintained on site. Such plans shall be available to the administrator on request. Operations that elect to utilize a web-based nutrient management planner, housed with the Idaho state department of agriculture, are consenting to allow the plan to be housed on file with the Idaho state department of agriculture. The nutrient management plan, information provided and generated in utilization of a web-based nutrient management planner, and all information generated by the beef cattle animal feeding operation as a result of a plan shall be deemed to be trade secrets, production records, or other proprietary information, shall be kept confidential, and shall be exempt from disclosure pursuant to section 74-107, Idaho Code.
[22-4906, added 2000, ch. 63, sec. 1, p. 141; am. 2004, ch. 187, sec. 4, p. 581; am. 2020, ch. 66, sec. 1, p. 154.]
(1) The director or his designee in the division of animal industries is authorized to enter and inspect any beef cattle animal feeding operation and have access to or copy any facility records deemed necessary to ensure compliance with this chapter. The director shall comply with the biosecurity protocol of the operation so long as the protocol does not inhibit reasonable access to:
(a) Enter and inspect at reasonable times the premises or land application site(s) of a beef cattle animal feeding operation;
(b) Review and/or copy, at reasonable times, any records that must be kept under conditions of this chapter;
(c) Sample or monitor, at reasonable times, substances or parameters directly related to compliance with this chapter.
(2) All inspections and investigations conducted under the authority of this chapter shall be performed in conformity with section 17, article I, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless searches of private property in the absence of either consent from the property owner or other authorized person.
[22-4907, added 2000, ch. 63, sec. 1, p. 142; am. 2004, ch. 187, sec. 5, p. 582; am. 2016, ch. 129, sec. 4, p. 378.]
No animal feeding operation shall cause an unauthorized discharge. Noncompliance with the provisions of this act or unauthorized discharges may subject a facility to enforcement as provided in this act.
[22-4908, added 2000, ch. 63, sec. 1, p. 142.]
(1) Informal administrative resolution of noncompliance. When the director identifies items of noncompliance at a beef cattle animal feeding operation, the deficiencies will be noted and appropriate corrective actions will be identified and scheduled informally. When corrective actions cannot be commenced within thirty (30) days and completed within a reasonable time, the director may negotiate a compliance order as specified in subsection (2)(b) of this section.
(2) (a) Administrative enforcement. Any beef cattle animal feeding operation not complying with the provisions of this act may be assessed a civil penalty by the director or his duly authorized agent in an administrative enforcement action by the issuance of a notice of noncompliance. The notice of noncompliance shall identify the alleged violation with specificity, shall specify each provision of the act or permit which has been violated, and shall state the amount of any civil penalty claimed for each violation and identify appropriate corrective action.
(b) The notice of noncompliance shall inform the person to whom it is directed of an opportunity to confer with the director or the director’s designee in a compliance conference concerning the alleged violation. A compliance schedule must be requested within fifteen (15) days of receipt of the notice of noncompliance. The compliance conference shall provide an opportunity for the recipient of a notice of noncompliance to explain the circumstances of the alleged violation and, where appropriate, to present a proposal for remedying damage caused by the alleged violation and assuring future compliance. If the recipient and the director agree on a plan to remedy damage caused by the alleged noncompliance and to assure future compliance, they may enter into a compliance order formalizing their agreement. The compliance order may include a schedule to correct deficiencies and a provision providing for payment of any agreed civil penalty.
(c) A compliance order shall be effective immediately upon signing by both parties and shall preclude any civil enforcement action for the same alleged noncompliance. If a party does not comply with the terms of the compliance order, the director may seek and obtain, in any appropriate district court, specific performance of the compliance order and such other relief as authorized in this act.
(d) If the parties cannot reach agreement on a compliance order within sixty (60) days after the receipt of the notice of noncompliance, or if the recipient does not timely request a compliance conference under this section, the director may commence and prosecute a civil enforcement action in district court, in accordance with subsection (3) of this section.
(3) Civil enforcement. The director may initiate a civil enforcement action through the attorney general. Civil enforcement actions shall be commenced and prosecuted in the district court in and for the county in which the alleged violation occurred, and may be brought against any person who is alleged to have violated any provision of this act or any permit or order which has become effective pursuant to this act. Such action may be brought to compel compliance with any provision of this act or with any permit or order promulgated hereunder and for any relief or remedies authorized in this act. No civil or administrative proceeding may be brought to recover for a violation of any provision of this act or a violation of any permit or order issued pursuant to this act, more than two (2) years after the director had knowledge or ought reasonably to have had knowledge of the violation.
(4) Civil penalty. Any person determined in a civil enforcement action to have violated any provision of this act or any permit or order promulgated pursuant to this act shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) per violation or one thousand dollars ($1,000) for each day of a continuing violation. The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. Moneys collected for violations of this section or rules promulgated thereunder shall be deposited in the state treasury and credited to the state school building fund. The imposition or computation of monetary penalties shall take into account the seriousness of the violation, good faith efforts to comply with the law, the economic impact of the penalty on the violator, the economic benefit, if any, of the violation and such other matters as justice requires.
[22-4909, added 2000, ch. 63, sec. 1, p. 142.]
The nutrient management plan, and all information generated by the beef cattle feeding operation as a result of such plan, shall be deemed to be trade secrets, production records or other proprietary information, shall be kept confidential and shall be exempt from disclosure pursuant to section 74-107, Idaho Code. In any case in which the United States environmental protection agency initiates an enforcement action regarding an alleged noncompliance at a beef cattle animal feeding operation, any pending administrative or civil enforcement action initiated by the director regarding the same alleged noncompliance shall be deemed void. If a compliance order addressing the alleged noncompliance has already been issued by the director, that order shall remain in full force and effect.
[22-4909A, added 2009, ch. 46, sec. 1, p. 127; am. 2010, ch. 343, sec. 2, p. 900; am. 2015, ch. 141, sec. 35, p. 411; am. 2016, ch. 129, sec. 5, p. 379.]
All beef cattle animal feeding operations operating in compliance with this act and approved best management practices shall not be subject to state enforcement action due to violations of state water quality standards or state ground water quality standards except in the event of imminent and substantial danger as provided in chapter 1, title 39, Idaho Code. However, the department shall evaluate and modify such best management practices as necessary.
[22-4910, added 2000, ch. 63, sec. 1, p. 144.]
(1) Any person or entity who willfully and knowingly damages or destroys any agricultural or horticultural crop product that is grown for personal or commercial purposes and that is also grown for testing or research in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state, or local government agency, shall be liable for twice the value of the crop damaged or destroyed, together with attorney’s fees and costs.
(2) In awarding damages under this section, the courts shall consider the market value of the crop prior to damage or destruction, and production, research, testing, replacement and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop.
(3) Damages available under this section shall be limited to twice the market value of the crop prior to damage or destruction plus twice the actual damages involving production, research, testing, replacement and crop development costs directly related to the crop that has been damaged or destroyed.
[22-5001, added 2001, ch. 324, sec. 1, p. 1139.]
This act shall be known as the "Seed Indemnity Fund Law."
[22-5101, added 2002, ch. 256, sec. 1, p. 736.]
As used in this chapter:
(1) "Contract" means an agreement which may include, but is not limited to, those contracts commonly referred to as production, credit sale, bailment, deferred payment, deferred or price later contracts.
(2) "Delivery voucher" means a form, other than a receipt or scale weight ticket, authorized by rules of the department evidencing delivery of a producer’s seed crop to a seed buyer.
(3) "Department" means the Idaho state department of agriculture.
(4) "Deposit for service" means the transfer of a seed crop to a seed buyer or a person not licensed under this chapter for the purpose of cleaning, mixing, conditioning or other services related to the seed crop, provided such services are not offered in conjunction with a stored for withdrawal agreement.
(5) "Director" means the director of the Idaho state department of agriculture.
(6) "Failure" means the date that one (1) or more of the following events occurred, as determined by the director:
(a) An inability to financially satisfy producers;
(b) A declaration of insolvency;
(c) A revocation of license and the leaving of an outstanding indebtedness to a producer;
(d) A failure to redeliver any seed crop stored for withdrawal or to pay producers for seed crop pursuant to the terms of an agreement; or
(e) A denial of the application for a license renewal.
(7) "Person" means any individual, firm, association, corporation, partnership or limited liability company.
(8) "Producer" means the owner, tenant or operator of land in this state who has an interest in the proceeds from the sale of seed crops grown on that same land. Producer does not include growers of seed crop who deposit their seed crop in a seed facility in which they have a financial or management interest, except members of a cooperative marketing association qualified under chapter 26, title 22, Idaho Code.
(9) "Production summary" means records that include, but are not limited to, the kind and type of seed crop, producer name and address, location and number of acres, clean seed per acre, value per pound and, when applicable, the contract number and lot identity.
(10) "Receipt" means a warehouse receipt.
(11) "Scale weight ticket" means a load slip, other than a receipt, given to a producer by a seed buyer for transfer of the seed crop to the seed buyer. Each scale weight ticket shall be sequentially numbered, shall be recorded in triplicate and shall set forth the following:
(a) Name and address of seed buyer;
(b) Date of weighing;
(c) Producer of seed crop weighed;
(d) Kind or variety of seed crop weighed;
(e) Gross delivery weight;
(f) Tare;
(g) Net delivery weight; and
(h) Full signature of weigher or name of supervisor of scale.
(12) "Seed buyer" means any person having a commercial operation, its agents and employees, together with its elevators, mills, buildings, or other structures who owes or has any financial obligation to the producer for seed crop grown by that producer and transferred to the seed buyer.
(13) "Seed crops" means any seed crop regulated by chapter 4, title 22, Idaho Code.
(14) "Seed facility" means:
(a) That portion of the commercial operation of a seed buyer where seed crop transferred to it from an unpaid producer is stored; or
(b) Where seed crop is stored for withdrawal.
(15) "Stored for withdrawal" means the deposit of seed crop with a seed facility by the producer for the subsequent withdrawal by that producer of the same seed crop or similar seed crop, as agreed to by the parties.
(16) "Transfer" means, unless otherwise defined by the parties in writing, the event when a producer or his agent delivers seed crop to the seed buyer who then gives the producer or his agent a scale weight ticket, receipt, or other written evidence of transfer.
(17) "Uninsurable peril" means an event or situation for which insurance coverage cannot be purchased, or for which premiums are economically prohibitive including, but not limited to, catastrophic destruction and damage that occurs gradually. Catastrophic destruction includes, but is not limited to, earthquakes, acts of terrorism and floods. Destruction that occurs gradually includes, but is not limited to, insect and rodent infestation, and mold.
(18) "Written evidence of transfer" means:
(a) A delivery voucher;
(b) A receipt; or
(c) A scale weight ticket.
[22-5102, added 2002, ch. 256, sec. 1, p. 737; am. 2010, ch. 100, sec. 1, p. 192.]
(1) Prior to beginning operation, a person intending to operate as a seed buyer shall first procure a license from the department. Each license issued pursuant to this chapter shall be issued for a period of one (1) year and the license or legible copy thereof shall be prominently displayed in each place of business.
(2) A seed facility endorsement showing the location of each seed facility in Idaho shall be attached to the seed buyer’s license.
(3) The department is authorized to issue or renew a seed buyer license in accordance with this chapter, and the rules promulgated by the department provided each applicant meets the following conditions:
(a) Pay an application fee of up to five hundred dollars ($500) pursuant to criteria established by rule, with the exception of those persons holding a license issued pursuant to chapter 4, title 22, Idaho Code;
(b) Submit a completed application form provided by the department, with required exhibits. The application shall include:
(i) The name of the applicant;
(ii) The names of the officers and directors if the applicant is a corporation or association;
(iii) The names of the partners if the applicant is a partnership or a limited liability company;
(iv) The location of the principal place of business;
(v) Information relating to any judgment against the applicants; and
(vi) Any other reasonable information the department finds necessary to carry out the provisions and purposes of this chapter.
(c) Provide a sufficient and valid bond as required by this chapter;
(d) Provide a current, sufficient policy of insurance covering losses as required by this chapter;
(e) Provide the location of its seed facilities in Idaho;
(f) Provide a written schedule of conditioning, bagging and testing charges;
(g) Have on file a test report pursuant to sections 71-113 and 71-117, Idaho Code, from the Idaho state department of agriculture bureau of weights and measures showing approved status for any scales used for weighing received seed crops and any scales used for weighing clean weight of seed crops; and
(h) Provide with the initial license application an audited or reviewed financial statement prepared by an independent certified public accountant or licensed public accountant showing that the applicant has and does maintain a balance sheet with current assets not less than current liabilities, a statement of profit or loss, a statement of net worth and a statement of cash flows, all of which have been prepared according to generally accepted accounting principles not more than twelve (12) months prior to the date of the initial license application and additional financial information as determined by the director.
(4) All fees collected, pursuant to this chapter, for license application and renewal shall be deposited in the seed indemnity fund.
(5) All materials required for renewal of a license shall be received by the department prior to the expiration date of the current license. A license which has expired may be reinstated by the department upon receipt of all necessary licensing materials required by the provisions of this chapter and a reinstatement fee in an amount up to one thousand dollars ($1,000) pursuant to criteria established by rule, providing that this material is filed within thirty (30) days from the date of expiration of the current license.
(6) A delivery of seed crop between producers, none of whom are seed buyers, shall be exempt from the provisions of this chapter.
[22-5103, added 2002, ch. 256, sec. 1, p. 738; am. 2010, ch. 100, sec. 2, p. 194.]
Every person applying for a license shall execute and file with the department a good and sufficient bond issued by an insurer authorized to transact such insurance in this state. The bond shall be in favor of the seed indemnity fund to secure the faithful performance of the applicant’s obligations under this chapter, and of such additional unpaid obligations assumed under agreements with producers of seed crops transferred to or deposited with the applicant. Said bond shall be in such form and amount, shall have such surety or sureties, and shall contain such terms and conditions as the department may prescribe to carry out the purposes of this chapter. Whenever the department determines that a previously approved bond is insufficient, it may require an additional bond or bonds conforming with the requirements of this chapter. Unless the additional bond is given within the time fixed by a written demand therefor, the license may be suspended or revoked.
At the discretion of the director, any person required to submit a bond to the department may give to the department an irrevocable letter of credit or certificate of deposit payable to the seed indemnity fund in lieu of the bond required herein. A certificate of deposit shall be submitted with an audited or reviewed financial statement prepared in accordance with the rules of the department by an independent Idaho certified public accountant or Idaho licensed public accountant. The principal amount of the letter of credit or certificate of deposit shall be the same as that required for a surety bond pursuant to this chapter. The letter of credit or certificate of deposit shall remain on file with the department until it is released, canceled or discharged by the director or until the director is notified ninety (90) days in advance, by registered or certified mail, return receipt requested, that the letter of credit or certificate of deposit is renewed, canceled or amended. Failure to notify the director may result in the suspension or revocation of the seed buyer license. The provisions of this chapter that apply to a bond apply to each letter of credit or certificate of deposit given in lieu of such bond. Under the provisions of this chapter, an irrevocable letter of credit or certificate of deposit shall not be accepted unless it is issued by a national bank or federal thrift institution in Idaho or by a state-chartered bank or thrift institution authorized to conduct business in Idaho and insured by the federal deposit insurance corporation.
If a seed buyer is also licensed pursuant to either chapter 2 or 5, title 69, Idaho Code, that seed buyer may obtain a single bond, certificate of deposit or irrevocable letter of credit as surety for both chapter 51, title 22, Idaho Code, and chapter 2 or 5, title 69, Idaho Code. The bond, certificate of deposit or irrevocable letter of credit shall be made out in favor of the commodity indemnity fund and the seed indemnity fund. In the event a seed buyer fails as defined in section 22-5102(6), Idaho Code, and a single bond, certificate of deposit or irrevocable letter of credit is written in favor of the commodity indemnity fund and seed indemnity fund, the proceeds of the bond, certificate of deposit or irrevocable letter of credit will be allocated based on the dollar amount of the verified claims approved pursuant to chapter 51, title 22, Idaho Code, and chapter 2, title 69, Idaho Code.
[22-5104, added 2002, ch. 256, sec. 1, p. 739; am. 2003, ch. 151, sec. 1, p. 434; am. 2010, ch. 100, sec. 3, p. 195.]
The amount of bond to be furnished for each seed buyer will be fixed at whichever of the following amounts is greater:
(1) The combined total seed buyer indebtedness paid and owed to producers for seed crop stored for withdrawal or transferred during the previous license year; or
(2) The indebtedness owed and estimated to be owed to producers for seed crop for the current license year.
Subsequent to determining whichever of the preceding amounts is greater, and based on that amount, the amount of bond shall be calculated as follows:
| Gross Dollars: | Amount of Bond: | | --- | --- | | $0 – $450,000 | $20,000 bond or 6% of the gross | | | dollars, whichever is less | | $450,001 – $1,000,000 | $40,000 bond | | $1,000,001 – $8,000,000 | $100,000 bond | | Over $8,000,000 | $500,000 bond |
In any case, the amount of the bond shall not be more than five hundred thousand dollars ($500,000). This bond shall run concurrently with the seed buyer’s license. A ninety (90) day written notice, by registered or certified mail, return receipt requested, shall be given to the director by the bonding company before it may amend or cancel any bond.
[22-5105, added 2002, ch. 256, sec. 1, p. 739; am. 2003, ch. 151, sec. 2, p. 436.]
Any producer injured by the breach of any financial obligation for which a bond, irrevocable letter of credit or certificate of deposit is written under this chapter, must petition the director to make demand upon the seed buyer, the certificate of deposit, irrevocable letter of credit, or on the bond to enforce payment of claims.
[22-5106, added 2002, ch. 256, sec. 1, p. 740; am. 2003, ch. 151, sec. 3, p. 436.]
(1) The department shall assess and collect a fee of one hundred dollars ($100) for each inspection of a licensee, which is done for the purpose of amending a seed buyer license.
(2) The department may assess and collect a fee of two hundred fifty dollars ($250) per day or fraction thereof for maintaining each employee of the department at a seed buyer’s location to oversee the correction of a violation of the provisions of this chapter or department rules.
[22-5107, added 2002, ch. 256, sec. 1, p. 740.]
Warehouse receipts or scale weight tickets shall be issued by the seed buyer to the producer:
(1) At the time of deposit for storage for withdrawal of the seed crop; or
(2) At the time of transfer of the seed crop.
[22-5108, added 2002, ch. 256, sec. 1, p. 740.]
The seed buyer shall maintain current and complete records at all times with respect to all seed crops handled, deposited, shipped or merchandised by it, including seed crops owned by it. Such records shall include, but are not limited to, records showing the total quantity of each kind and class of seed crop received and loaded out and the amount remaining on deposit at the close of each business day.
Records required by this section shall be legible and kept in a place of safety in this state for a period of five (5) years. If a person operates at more than one (1) location, records of each location’s transactions must be identifiable.
The department is authorized to examine records to confirm the proper collection and remittance of seed indemnity fund assessments and payments. The records subject to examination shall include, but are not limited to, receipts, scale weight tickets, conditioning records, production summaries, and payments to producers. The department is authorized to make copies of any documents or records relevant to compliance with the provisions of this chapter.
[22-5109, added 2002, ch. 256, sec. 1, p. 740; am. 2003, ch. 151, sec. 4, p. 437.]
(1) Any person who violates any provision of this chapter or the rules promulgated hereunder, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the director or his duly authorized representative in the performance of his duty in connection with the provisions of this chapter shall be guilty of a misdemeanor and be punished by imprisonment in a county jail not to exceed six (6) months, or by a fine of not more than one thousand dollars ($1,000), or by both.
(2) Any person operating as a seed buyer without a license or in any way representing, by actions or words, that they are so licensed when they are not, or any person who shall misrepresent, forge, alter, counterfeit or falsely represent a license as required by the provisions of this chapter shall be guilty of a felony and punished by imprisonment in the state prison for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or by both.
(3) Any person who shall issue, utter, or aid in the issuance or utterance or attempt to issue or utter a false or fraudulent receipt or scale weight ticket for any seed crop shall be guilty of a felony and punished by imprisonment in the state prison for not more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or by both.
(4) Any person violating any provision of this chapter, or rules promulgated under this chapter, may be assessed a civil penalty by the department equal to the loss for each offense or five hundred dollars ($500) a day for continuing violations. Persons against whom civil penalties are assessed shall be liable for the department’s reasonable attorney’s fees. Civil penalties may be assessed in conjunction with any other department administrative action. Moneys collected for violations of this section or rules promulgated under this section shall be deposited in the state treasury and credited to the seed indemnity fund.
(5) 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. The director shall maintain a record of any administrative action involving a seed buyer with that seed buyer’s license file.
[22-5110, added 2002, ch. 256, sec. 1, p. 740.]
Pursuant to chapter 52, title 67, Idaho Code, the department may suspend or revoke any license issued under the provisions of this chapter, for any violation of, or failure to comply with, any provision of this chapter or chapter 7, title 28, Idaho Code. Pending investigation, the department, whenever it deems necessary, may suspend a license temporarily without a hearing.
[22-5111, added 2002, ch. 256, sec. 1, p. 741; am. 2004, ch. 42, sec. 34, p. 134.]
It shall be the duty of each prosecuting attorney to whom a violation is reported by the department, to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction.
[22-5112, added 2002, ch. 256, sec. 1, p. 741.]
(1) Whenever 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 to lawful inspection, the department shall give written notice to the seed buyer and direct the seed buyer to comply with all or any of the following requirements:
(a) The department may require additional security or the posting of a bond in an amount sufficient to satisfy any financial obligation to producers. The additional security may exceed the maximum bonding requirements of this chapter. Failure to timely post the additional bond or other security constitutes grounds for suspension or revocation of a license. The seed buyer may request a hearing regarding the decision to increase the amount of security required or the revocation or suspension of a license and may appeal such decisions pursuant to chapter 52, title 67, Idaho Code.
(b) Submit to such inspection as the department may deem necessary.
(2) If the seed buyer fails to comply with the terms of such notice within twenty-four (24) hours from the date of issuance of the notice, or within such further time as the department may allow, the department may petition the district court in the county where the seed buyer’s principal place of business is located, as shown by the license application, for an order, according to section 22-106, Idaho Code.
(3) The department may give written notice of its action to the seed buyer’s surety.
(4) The department may require an audited or reviewed financial statement.
(5) If at any time the department has evidence that the seed buyer is insolvent or is unable to satisfy the claims of producers, the department may petition the district court for the appointment of a receiver to operate or liquidate the business of the seed buyer.
(6) All court costs, attorney’s fees, other professional fees, and necessary expenses incurred by the department in carrying out the provisions of this chapter may be recovered in any civil action brought by the department.
[22-5113, added 2002, ch. 256, sec. 1, p. 741.]
(1) Every seed buyer who has a seed facility where seed crops are stored for withdrawal or transferred, shall maintain a "commercial property policy" of insurance, or its equivalent, issued by a company qualified to do business in the state in which the facility is located. The amount of insurance shall be sufficient to cover the property loss of the insured and such additional amounts that are: (a) greater than or equal to the total seed buyer indebtedness and the value of seed crop stored for withdrawal during the previous license year, or (b) estimated current calendar year seed crop indebtedness to producers and the value of seed crop to be stored for withdrawal. The department rules shall enumerate the perils to be covered by the policy.
(2) The insurance company issuing the policy of insurance shall give ninety (90) days’ advance notice to the department by registered or certified mail, return receipt requested, of cancellation of the policy.
(3) When the insurance policy of a seed buyer is canceled, the department shall immediately suspend the license of the seed buyer, and the suspension shall be in effect until satisfactory evidence exists that an effective policy of insurance complying with the requirements of this chapter has been submitted to the department.
(4) Seed buyers desiring to be self-insured shall apply to the department for authorization to self-insure. Application shall be made on forms prescribed by the department.
[22-5114, added 2002, ch. 256, sec. 1, p. 742.]
A seed buyer license shall not be issued to any person whose license has been revoked within a period of three (3) years from the date of such revocation. Upon application for a license following revocation, the department shall hold a hearing within thirty (30) days from receipt of the application to determine if such license shall be issued. A change in a person’s business name shall not absolve that person of a prior revocation of his seed buyer license.
[22-5115, added 2002, ch. 256, sec. 1, p. 742.]
The department may, whenever it has reason to believe the provisions of this chapter have been violated or upon verified complaint of any person in writing, investigate the actions of any seed buyer, and if it finds cause to do so, file before the director, a complaint pursuant to chapter 52, title 67, Idaho Code, against the seed buyer requesting relief as authorized by this chapter. Notwithstanding any administrative processes, the director may apply to the appropriate court to enjoin the operations of the seed buyer.
[22-5116, added 2002, ch. 256, sec. 1, p. 743.]
(1) Any seed buyer against whose bond a claim has been ordered collected or has actually been collected shall not be licensed by the department for a period of three (3) years from the date of such order or collection. License denial may be waived if the person can show, to the satisfaction of the director, that full settlement of all claims against the bond have been made. Full settlement does not include seed indemnity fund settlements. A change in a person’s business name shall not absolve any unsettled claim against that person’s prior bond.
(2) The director may deny the issuance or renewal of a license to an applicant after a public hearing and based on the following criteria:
(a) The applicant failed or refused to make prior claimants whole due to a previous failure;
(b) The applicant misrepresented material facts in the application for a license;
(c) The industry required to pay into the seed indemnity fund presents relevant objections; or
(d) Any material fact provided by a seed producer that demonstrates license denial would serve the best interest of the public.
(3) Any person adversely affected by the director’s final determination may secure judicial review as prescribed under the provisions of chapter 52, title 67, Idaho Code.
[22-5117, added 2002, ch. 256, sec. 1, p. 743; am. 2018, ch. 153, sec. 1, p. 311.]
(1) A seed buyer shall pay the producer the purchase price for seed crops in legal tender within ninety (90) days of sale unless otherwise agreed to in writing.
(2) Any seed buyer that violates the provisions of section 18-3106, Idaho Code, in making payment to the producer for any seed crop without sufficient funds in, or credit with, such bank or other depository, also violates the provisions of this chapter. The word "credit" as used herein shall mean an arrangement or understanding with the bank or depository for such payment.
[22-5118, added 2002, ch. 256, sec. 1, p. 743; am. 2011, ch. 173, sec. 1, p. 494.]
Records required by the department to validate the collection and remittance of assessments, including, but not limited to, production summaries, receiving records, conditioning reports, records relating to the payment of seed crops and seed indemnity fund reporting forms of a seed buyer, and financial records that may be required pursuant to section 22-5113(4), Idaho Code, shall be held confidential and will be protected as production records according to chapter 1, title 74, Idaho Code. These records shall not be subject to disclosure unless specifically authorized in writing by the licensee or as otherwise authorized pursuant to the provisions of chapter 1, title 74, Idaho Code.
[22-5119, added 2002, ch. 256, sec. 1, p. 743; am. 2015, ch. 141, sec. 36, p. 412.]
(1) There is hereby established, within the dedicated account, a fund to be known as the seed indemnity fund. The seed indemnity fund shall consist of assessments remitted pursuant to the provisions of this chapter and any interest or earnings on the fund balance.
(2) All assessments shall be paid to the department and shall be deposited in the seed indemnity fund. Assessments shall be paid solely by or on behalf of producers who transfer or deposit for storage a seed crop with a seed buyer. The state treasurer shall be the custodian of the seed indemnity fund. Disbursements shall be authorized by the director. No appropriation is required for disbursements from this fund.
(3) The seed indemnity fund shall be used exclusively for paying valid claims as authorized by this chapter and the necessary fees and expenses of the department in carrying out its responsibilities under this chapter. If necessary a portion of the fund may be used to defray the cost of reinsuring the fund at the discretion of the director. The state of Idaho shall not be liable for any claims presented against the fund.
[22-5120, added 2002, ch. 256, sec. 1, p. 743.]
Every producer shall pay an assessment for deposit in the seed indemnity fund according to the provisions of this chapter and rules promulgated by the department. A delivery of seed crop between producers, none of whom are seed buyers, is exempt from the collection and payment of assessments. Assessments shall be 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.
(1) The initial rate of the assessment shall be five-tenths of one percent (.5%). Changes in the rate will be established by criteria in the rules of the department. However, the producer’s annual assessment shall not exceed five-tenths of one percent (.5%).
(2) If seed crop is stored for withdrawal, the assessment shall not exceed one-half cent (1/2¢) per pound, based on clean weight or, if not available, estimated clean weight, per twelve (12) month period, payable at time of withdrawal.
(3) There are no indemnity fund assessments on seed crops deposited for service.
[22-5121, added 2002, ch. 256, sec. 1, p. 744; am. 2010, ch. 100, sec. 4, p. 196.]
(1) The department shall promulgate rules to provide a procedure for the collection and remittance of the producer’s assessments. Seed buyers who owe producers for the transfer of seed crop or have stored for withdrawal seed crop shall be responsible for the collection of the producer’s assessments and the remittance of the assessments collected to the department.
(2) Seed buyers shall remit to the department assessments collected according to the provisions of this chapter. Payments will be made no later than the twentieth day of the month following the close of the calendar quarter on a form prescribed by the department. There are four (4) calendar quarters in the year, beginning on the first day of the months of January, April, July and October. Assessment reports shall be submitted even though assessments for the period have not been collected. Failure to do so will result in a penalty of one hundred dollars ($100).
(3) The principal amount of assessments paid by, or deducted from, payments to producers by seed buyers, is held in trust for the seed indemnity fund immediately upon collection by seed buyers and is not property of the seed buyer.
(4) Interest earned on assessments prior to remittance to the department belongs to the seed buyer.
(5) If a seed buyer fails to collect or remit assessments as required it shall be considered a violation of the provisions of this chapter and shall subject the seed buyer to suspension or revocation of any license issued to the seed buyer under the provisions of this chapter.
(6) The department shall collect, on assessments unpaid within the time limits specified in this chapter, interest at the rate of ten percent (10%) per annum until the assessments are remitted together with a penalty of five percent (5%) each month on the unpaid assessment due until the maximum penalty of twenty-five percent (25%) is reached.
[22-5122, added 2002, ch. 256, sec. 1, p. 744.]
The maximum amount of the seed indemnity fund shall be maintained between ten million dollars ($10,000,000) and twelve million dollars ($12,000,000).
[22-5123, added 2002, ch. 256, sec. 1, p. 745.]
(1) There is hereby created a seed indemnity fund advisory committee appointed by the director consisting of nine (9) members representing the diversity of the industry. Appointments shall be for up to three (3) year terms, each term ending on the same day of the same month as did the term preceding it. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed, shall hold office for the remainder of the predecessor’s term.
(2) The committee shall be composed of seven (7) producers engaged in producing seed crops and two (2) seed buyers or seed buyer representatives.
(3) The terms of the appointees will be staggered and the initial appointments shall be three (3) producers and one (1) seed buyer for one (1) year terms, two (2) producers for two (2) year terms, and two (2) producers and one (1) seed buyer for three (3) year terms.
(4) The committee shall meet annually at such place and time as it determines and may meet as often as necessary to discharge the duties imposed upon it. Each committee member shall be compensated in accordance with section 59-509(o), Idaho Code, for travel and subsistence expense. The expenses of the committee and its operation shall be paid from the seed indemnity fund.
(5) The committee shall have the power and duty to advise the director concerning assessments, administration of the seed indemnity fund, and payment of claims from the fund. Every two (2) years the committee will review the maximum limits of the fund and give advice to the director.
[22-5124, added 2002, ch. 256, sec. 1, p. 745; am. 2004, ch. 173, sec. 1, p. 551.]
After the director has declared a failure, the department shall process the claims of producers having paid or owing assessments who: (a) produce written evidence of transfer together with the amounts of their unpaid claims, and (b) have "stored for withdrawal" and provide written evidence of deposit.
(1) The department shall give written notice to and provide a reasonable time of not less than thirty (30) days and not more than sixty (60) days for producers to file their written verified claims, including any written evidence, with the department.
(2) The department shall investigate each claim and prepare a staff report and recommendation as to the validity and amount of each claim. The department shall provide a copy of the staff report and recommendation to the seed indemnity fund advisory committee, and make available for review by the advisory committee any documentation upon which the department relied in preparing the staff report and recommendation. No later than two (2) weeks following issuance of the staff report and recommendation, the advisory committee shall provide the director with the committee’s written comments regarding the staff report, recommendation and payment of claims from the fund.
(3) Following the receipt of the staff report, recommendation and the seed indemnity fund advisory committee’s written comments, if any, the director shall issue a determination regarding the validity and amount of each claim.
(4) The director shall notify in writing each claimant, the seed buyer and the advisory committee of the department’s determination as to the validity and amount of each claim. A claimant or seed buyer may request a hearing on the department’s determination within twenty (20) days of receipt of written notification of the determination pursuant to chapter 52, title 67, Idaho Code. Upon determining the amount and validity of the claim, the director shall pay to the claimant an amount equal to ninety percent (90%) of the approved claim from the seed indemnity fund. Prior to any payment from the fund to a claimant, the claimant shall be required to subrogate and assign to the department his right to any recovery from any other source. The claimant shall be entitled to seek recovery of the remaining ten percent (10%), which was not assigned to the department. The procedure to determine the value of any claim will be established by rules.
(5) In the event of a shortage or inability to meet financial obligations, the department shall determine each producer’s pro rata share of available seed crops and any deficiency shall be the claims of the producers. Each type of seed crop shall be treated separately for the purpose of determining shortages.
(6) The director shall not approve or pay any claim based on losses resulting from transactions with persons unlicensed pursuant to this chapter. The director shall not approve or pay any claim made on the seed indemnity fund if the claim is for the payment of interest, attorney’s fees, ancillary costs, or punitive damages. The director shall not approve or pay any claim based on losses resulting from uninsurable perils.
(7) If a producer’s claim reveals that the assessment has not been paid or collected, and the claim is otherwise valid, the amount of the assessment shall be deducted from the claim payment.
[22-5125, added 2002, ch. 256, sec. 1, p. 745; am. 2010, ch. 100, sec. 5, p. 196; am. 2014, ch. 285, sec. 1, p. 723.]
No claim shall be paid from the fund to a producer who refuses or neglects to file a verified claim against a seed buyer:
(1) Within ninety (90) days from the date prescribed in the "notice of failure," or within the time limits of section 22-5125(1), Idaho Code, whichever is later; or
(2) If the claim is filed more than two (2) years from the date of transfer. Claims for seed crops used for lawns, turf and land reclamation including, but not limited to, bluegrass, ryegrass, native grasses, sagebrush and other native and nonnative shrubs, may not exceed two (2) years from the date of transfer or the date of sale, whichever occurs later.
[22-5126, added 2002, ch. 256, sec. 1, p. 746; am. 2011, ch. 173, sec. 2, p. 495.]
No claims of producers shall be paid when the balance in the seed indemnity fund is reduced to two hundred fifty thousand dollars ($250,000). If the director cannot fully pay producers’ claims without exceeding the minimum balance, he shall pay claims pro rata until the seed indemnity fund contains sufficient funds to pay claims in full. In no case shall the fund be liable for those claims not fully paid within three (3) years of submission of the claim.
[22-5127, added 2002, ch. 256, sec. 1, p. 746.]
Amounts paid from the seed indemnity fund in satisfaction of any approved claims shall constitute a debt and obligation of the seed buyer against whom the claim was made and its surety. The director may bring suit on behalf of the seed indemnity fund and in the name of any claimant paid from the fund in district court of Ada county to recover from the seed buyer and its surety the amount of the payment made from the seed indemnity fund, together with costs and attorney’s fees incurred in maintaining the suit. In the event the department initiates an action against a seed buyer or surety, the department’s claim is deemed to accrue and relate back to the time that each producer who received a seed indemnity fund payment incurred a loss with the seed buyer. Any recovery for reimbursement of the fund shall bear interest at the statutory rate from the date of failure.
[22-5128, added 2002, ch. 256, sec. 1, p. 746.]
The department may, from time to time, make such rules as it deems necessary for the efficient execution of the provisions of this chapter.
[22-5129, added 2002, ch. 256, sec. 1, p. 747.]
(1) Notwithstanding the provisions of section 25-2612A, Idaho Code, there is hereby created the Idaho wolf depredation control board in the office of the governor for the purpose of directing and managing funds as provided for in this chapter for wolf depredation control within the state of Idaho. The board shall be composed of five (5) members, three (3) of whom shall be appointed by the governor. A majority of the members present at any meeting shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the board. The membership of the board shall consist at all times of members representing the following executive agencies and interests:
(a) The director of the department of agriculture;
(b) The director of the department of fish and game;
(c) A member representative of sportsmen’s interests;
(d) A member representative of the livestock industry; and
(e) A member of the public at large, not to exclude any person who may have sportsmen or livestock interests.
Members of the board not representing an executive agency will be appointed by the governor.
(2) Each member of the board shall be a citizen of the United States and a bona fide resident of the state of Idaho. During a term of office, a member must continue to possess all of the qualifications necessary for appointment. Failure to maintain such qualifications shall be cause for removal from office. The governor may remove any appointed board member at will.
(3) On July 1, 2014, the governor shall appoint each member who is not an executive agency director to an initial term as follows: the member representative of sportsmen’s interests shall serve an initial appointment of two (2) years; the member representative of the livestock industry shall serve an initial appointment of two (2) years and the member of the public at large shall serve an initial appointment of three (3) years. All subsequent terms of appointment of all appointed board members shall be two (2) years. Vacancies shall be filled as terms expire. Each of such board members shall hold office until his successor has been appointed. The term of office shall commence on July 1 of the year of appointment and expire on June 30 of the last year of the term of office.
(4) Vacancies in any unexpired term shall be filled by appointment by the governor for the remainder of the unexpired term. The member appointed to fill a vacancy shall represent the same interest as the member whose office has become vacant.
[22-5301, added 2014, ch. 188, sec. 2, p. 500.]
(1) The board shall be cochaired by the director of the department of agriculture and the director of the department of fish and game. A vice chairman and a secretary-treasurer shall be annually elected from among the appointed board members. The board shall meet annually and at such other times as called by a cochairman or when requested by two (2) or more members of the board.
(2) In the performance of official duties, each appointed board member shall be compensated as provided in section 59-509(b), Idaho Code.
(3) No funds raised pursuant to section 22-5306, Idaho Code, shall be used for travel or expenses outside the state of Idaho.
(4) Reimbursement of actual expenses incurred by appointed board members shall be paid from the state wolf control fund.
(5) The department of agriculture and the department of fish and game shall bear the cost of administering the meetings of the board.
[22-5302, added 2014, ch. 188, sec. 2, p. 501.]
As used in this chapter, unless the context requires otherwise:
(1) "Board" means the Idaho wolf depredation control board;
(2) "Brand board" means the state brand board;
(3) "Director" means either the director of the department of agriculture or the director of the department of fish and game, as so designated;
(4) "Wolf" means the Canis lupus species.
[22-5303, added 2014, ch. 188, sec. 2, p. 501.]
(1) It is hereby made the duty of the board to administer the wolf control fund, including setting the procedures and standards for payment from the fund. In carrying out these duties, the board may cooperate with federal, state, county, city and private agencies, organizations and individuals.
(2) The board has the authority to enter into agreements, including contracts, memoranda of understanding or memoranda of agreement with any federal agency, state agency, private contractor, political subdivision of the state of Idaho, or agency of another state in order to implement the provisions of this act.
(3) The control of wolves under this chapter includes the payment of compensation for damages. To determine compensation, the board shall use historic livestock loss prior to the 1995 wolf reintroduction as a base in each wolf depredation unit as determined by Idaho state department of agriculture data. Livestock producers shall report their actual losses to the board each year by December 31. The board shall determine the comparable loss for payment based on available funding. Control activities funded by the board shall be consistent with the provisions of section 36-1107(c) and (d), Idaho Code.
(4) The board may contract with the director of the Idaho state department of agriculture for legal and fiscal services as required under this act.
[22-5304, added 2014, ch. 188, sec. 2, p. 501; am. 2021, ch. 307, sec. 1, p. 914; am. 2024, ch. 203, sec. 1, p. 721.]
(1) The wolf control fund is hereby created and established in the state treasury. Moneys in the fund shall be divided into three (3) subaccounts identified as follows:
(a) The "livestock subaccount" which shall consist of all assessments collected by the state brand inspector and the Idaho sheep and goat health board pursuant to the provisions of this chapter;
(b) The "fish and game fund transfer subaccount" which shall consist of all moneys transferred to the fund from the fish and game fund pursuant to the provisions of this chapter; and
(c) The "other money subaccount" which shall consist of any moneys other than moneys identified in paragraphs (a) and (b) of this subsection that are deposited in the fund.
The state treasurer shall invest the idle moneys of each subaccount and the interest earned on such investments shall be retained by each subaccount. Moneys in the fund are continuously appropriated to be used solely for carrying out the provisions of this chapter.
(2) The wolf control secondary fund, hereinafter referred to as the secondary fund, is hereby created and established in the state treasury. Beginning in fiscal year 2015, at any time moneys in the livestock subaccount of the wolf control fund exceed one hundred ten thousand dollars ($110,000), any amount over and above one hundred ten thousand dollars ($110,000) shall be deposited in the secondary fund. The state treasurer shall invest the idle moneys of the secondary fund, and the interest earned on such investments shall be retained by the secondary fund. Moneys in the fund are continuously appropriated to be used solely for meeting the livestock assessment deposit requirements of section 22-5306(1), Idaho Code. In the event collected assessments do not meet the minimum deposit requirements, an amount from the secondary fund as is necessary to meet the minimum deposit requirements in combination with collected assessments may be transferred to the livestock subaccount of the wolf control fund at the end of each fiscal year.
[22-5305, added 2014, ch. 188, sec. 2, p. 501.]
In order to carry out the provisions of this chapter, the following shall occur:
(1) Wolf control assessments collected from the livestock industry, by and through the state brand inspector and the Idaho sheep and goat health board, shall be combined for purposes of deposit into the livestock subaccount of the wolf control fund and, beginning in fiscal year 2015, shall total one hundred ten thousand dollars ($110,000) annually for each fiscal year.
(a) The state brand inspector shall assess, levy and collect, as set forth in section 25-1145, Idaho Code, wolf control assessments in an amount sufficient to fund, in combination with Idaho sheep and goat health board assessments, the livestock subaccount of the wolf control fund as provided in subsection (1) of this section.
(b) The Idaho sheep and goat health board shall assess, levy and collect, as set forth in section 25-131, Idaho Code, wolf control assessments in an amount sufficient to fund, in combination with state brand inspector assessments, the livestock subaccount of the wolf control fund as provided in subsection (1) of this section.
(2) The wolf depredation control board shall use all funds in the wolf control fund, with the exception of moneys transferred from the fish and game fund as provided for in subsections (3), (4) and (5) of this section unless so directed by the fish and game commission pursuant to subsection (3) of this section, for all activities associated with legal lethal means of control and for the purposes of sections 22-5302 and 22-5304(4), Idaho Code.
(3) Beginning in fiscal year 2022, the state controller shall annually, as soon after July 1 of each year as practical, transfer three hundred thousand dollars ($300,000) from the fish and game fund to the fish and game fund transfer subaccount of the wolf control fund. The fish and game commission, on or before July 1 of each year, is authorized to direct the wolf depredation control board as to the use of such funds and the wolf depredation control board shall comply with the direction of the commission.
(4) In no event shall the wolf control assessments deposited into the livestock subaccount exceed one hundred ten thousand dollars ($110,000).
(5) Notwithstanding any other provision of this chapter, in the event the total wolf control assessments collected from the livestock industry in any fiscal year are less than one hundred ten thousand dollars ($110,000), and available moneys in the secondary fund are insufficient to bring the total to one hundred ten thousand dollars ($110,000), the livestock industry shall only be required to deposit the moneys so collected and available from the secondary fund into the livestock subaccount of the wolf control fund, and the state controller shall transfer the full amount transferred from the fish and game fund to the fish and game fund transfer subaccount of the wolf control fund.
[22-5306, added 2014, ch. 188, sec. 2, p. 502; am. 2021, ch. 307, sec. 2, p. 915.]
This chapter shall be known and may be cited as the "Idaho Produce Safety Law."
[22-5401, added 2018, ch. 216, sec. 2, p. 487.]
The legislative intent of this act is to authorize the Idaho state department of agriculture to administer and enforce this act, the produce safety rule, not to exceed the standards required by federal law. The Idaho state department of agriculture shall create a program capable of fulfilling a thorough and competent preventive food safety system through a collaborative and cooperative effort that will demonstrate movement toward the goal of improved produce safety. Such program shall ensure that fresh fruit and vegetables meet standards to provide the safest food to consumers and improve access to wholesome nutritious fresh produce across the state, the nation and the world.
[22-5402, added 2018, ch. 216, sec. 2, p. 487.]
As used in this chapter:
(1) "Department" means the Idaho state department of agriculture.
(2) "Director" means the director of the Idaho state department of agriculture or the director’s designee.
(3) "Facility" in this chapter also includes a "mixed-type facility" as defined in the produce safety rule.
(4) "Farm" has the same meaning as provided in the produce safety rule.
(5) "Produce safety rule" means the standards for growing, harvesting, packing and holding of produce for human consumption promulgated pursuant to the food and drug administration food, drug and cosmetic act.
[22-5403, added 2018, ch. 216, sec. 2, p. 487.]
(1) The department is authorized to administer and enforce this chapter. The authority granted to the department under this chapter is in addition to, and not in lieu of, any other lawful authority granted to the department under state or federal law to administer and enforce requirements related to food safety. The director is authorized, in conformance with chapter 52, title 67, Idaho Code, to promulgate rules necessary to administer the purpose and provisions of this chapter.
(2) The director shall administer and enforce the produce safety rule with moneys appropriated to the department by the federal government for the purpose of administering and enforcing the produce safety rule. Provided however, if the federal government does not appropriate moneys for this purpose or if the produce safety rule or its authorizing statute is repealed or made void, the director will cease enforcing the produce safety rule, this chapter and the rules promulgated under this chapter. Any exemption made to the requirements of the produce safety rule will also apply to this chapter and the rules promulgated under this chapter.
(3) The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, private associations, and regulated persons and entities in order to carry out the purpose and provisions of this chapter.
[22-5404, added 2018, ch. 216, sec. 2, p. 487.]
(1) The director, during normal business hours, may enter any farm or facility that grows, harvests, packs or holds produce for human consumption to:
(a) Inspect that farm or facility to determine whether this chapter and the rules promulgated under this chapter are being violated;
(b) Review and copy the farm or facility’s records that are relevant to the enforcement of this chapter; and
(c) Secure and test samples needed to verify compliance with this chapter and the rules promulgated under this chapter. The director shall conduct inspections and sample collections and tests in a reasonable manner.
(2) If the owner or operator of any farm or facility described in subsection (1) of this section, or the owner or operator’s authorized agent, refuses to admit the director to inspect pursuant to subsection (1) of this section, the director may obtain from any state court of competent jurisdiction an administrative warrant directing that owner, operator or agent to submit the premises described in the warrant to inspection.
[22-5405, added 2018, ch. 216, sec. 2, p. 487.]
(1)(a) It is a violation for any person to:
(i) Fail to comply with any of the provisions of this chapter or any rules promulgated under this chapter; or
(ii) Interfere or attempt to interfere with the director in the performance of his duties under this chapter or rules promulgated under this chapter.
(b) The department may assess a civil penalty against a violator of not more than ten thousand dollars ($10,000) for each violation or one thousand dollars ($1,000) for each day of a continuing violation, in addition to reasonable attorney’s fees in accordance with section 12-117, Idaho Code.
(2) The department may assess a civil penalty in conjunction with any other department administrative action.
(3) The department may not assess a civil penalty unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.
(4) 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. In addition to the assessed penalty, the department shall be entitled to recover, in accordance with section 12-117, Idaho Code, reasonable attorney’s fees and costs incurred in such action or on appeal from such action.
(5) Any person against whom the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the department, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.
(6) All civil penalties collected pursuant to this section shall be remitted to the produce safety account of the department.
[22-5406, added 2018, ch. 216, sec. 2, p. 488.]
(1) The Idaho state department of agriculture may issue and enforce a stop sale, use, or removal order to the distributor, owner, or custodian of produce that it finds or has probable cause to believe:
(a) Is adulterated within the meaning of chapter 1, title 37, Idaho Code;
(b) Is so misbranded as to be dangerous or fraudulent within the meaning of chapter 1, title 37, Idaho Code;
(c) Is unsound;
(d) Contains any filthy, decomposed or putrid substance;
(e) May be poisonous or deleterious to health or otherwise unsafe; or
(f) Is offered or exposed for sale or held in possession with intent to distribute or sell, or is intended for distribution or sale in violation of any provision of chapter 1, title 37, Idaho Code, or the provisions of this chapter.
(2) The department may hold or order to be held any produce found to be in violation of the provisions of this chapter or rules promulgated under this chapter at a designated place until the law has been complied with and the produce is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. Any person adversely affected by the department’s determination may seek remedies as prescribed under the provisions of chapter 52, title 67, Idaho Code.
[22-5407, added 2018, ch. 216, sec. 2, p. 488; am. 2025, ch. 47, sec. 4, p. 223.]
(1) There is hereby created the Idaho depredating wildlife appeals board in the office of the governor. The purpose of the board is to provide an appeal option for individuals who have suffered losses or damages from depredating wildlife but received a determination that such depredation could not be confirmed following the initial investigation. For purposes of this section, depredating wildlife includes grizzly bears, black bears, mountain lions, and wolves. The Idaho state department of agriculture, in consultation with the department of fish and game, is authorized to carry out the purposes of this section. The Idaho depredating wildlife appeals board shall consist of three (3) members representing the following executive agencies and professional expertise:
(a) The director of the Idaho state department of agriculture or the director’s authorized designee;
(b) The director of the Idaho department of fish and game or the director’s authorized designee; and
(c) A large animal veterinarian appointed by the governor.
(2) The office of species, minerals, and energy coordination shall receive appeal requests from appellants and coordinate meetings with the Idaho depredating wildlife appeals board.
(3) The board shall consider all forms of evidence submitted by the appellant related to the depredation event, including but not limited to:
(a) Testimony of the affected individual;
(b) Testimony of the initial investigator;
(c) The initial investigator’s report;
(d) Eyewitness testimony;
(e) Telemetry data;
(f) Photographs and video footage;
(g) Trapping and hunting reports from the past six (6) months;
(h) Previous depredation incidents in the area; and
(i) Expert analysis.
(4) The board shall make a ruling based on submitted evidence and, if justified, amend the original determination based on a majority vote of the board. The decision of the board shall be final and binding for the purpose of receiving compensation for depredation.
(5) Any ruling made by the Idaho depredating wildlife appeals board of confirmed depredation shall be counted toward official counts of depredation incidents.
(6) The board shall be considered a state authorized investigator but shall only serve as an appeal to the initial investigation.
(7) Meetings of the board shall not be subject to the provisions of chapter 2, title 74, Idaho Code.
(8) Initial investigators of depredation incidents from depredating wildlife shall inform individuals of their right to appeal any ruling to the Idaho depredating wildlife appeals board in writing.
[22-5501, added 2025, ch. 54, sec. 1, p. 263; am. 2026, ch. 66, sec. 4, p. 276.]
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