§ 22-101. Department created — Appointment of director — Rules.

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.

History.

1974, ch. 18, § 2, p. 364; am. 2000, ch. 144, § 1, p. 373.

§ 22-101A. Rules of the director.

1. The legislature directs that any rule proposed by the director which 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. In proposing any rule or portions of any rule pursuant to chapter 49, title 22, Idaho Code, chapter 38, title 25, Idaho Code, or chapter 4, title 37, Idaho Code, the director shall utilize:
   1. The best available peer reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and
   2. 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.
3. Any proposed rule subject to this section which 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:
   1. Identification of each population or receptor addressed by an estimate of public health effects or environmental effects; and
   2. Identification of the expected risk or central estimate of risk for the specific population or receptor; and
   3. Identification of each appropriate upper bound or lower bound estimate of risk; and
   4. 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
   5. 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 which is broader in scope or more stringent than federal law or regulations, or which 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 which 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 which 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 of rules in effect on the effective date of this act.

History.

I.C.,§ 22-101A, as added by 2011, ch. 233, § 1, p. 636.

§ 22-102. Organization of department — Divisions.

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.

History.

1974, ch. 18, § 2, p. 364; am. 1981, ch. 40, § 1, p. 62.

§ 22-102A. Aircraft use in controlling unprotected or predatory animals.

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 [section]. 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.

History.

I.C.,§ 36-1106, as added by 1976, ch. 95, § 2, p. 315; am and redesig. 1989, ch. 211, § 1, p. 520.

§ 22-103. Duties of director.

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.

History.

1974, ch. 18, § 2, p. 364; am. 1976, ch. 90, § 1, p. 304; am. 1978, ch. 238, § 1, p. 508; am. 1982, ch. 9, § 1, p. 12; am. 1990, ch. 376, § 1, p. 1039; am. 1993, ch. 30, § 1, p. 98; am. 1994, ch. 96, § 1, p. 219; am. 1998, ch. 120, § 1, p. 448; am. 2002, ch. 104, § 1, p. 282; am. 2006, ch. 220, § 1, p. 657; am. 2009, ch. 32, § 1, p. 87; am. 2009, ch. 123, § 1, p. 388; am. 2010, ch. 79, § 4, p. 133; am. 2011, ch. 95, § 1, p. 206; am. 2020, ch. 142, § 1, p. 433.

§ 22-104. Agriculture department inspection account — Other accounts.

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 [weighmaster’s] licensing act shall be deposited to the credit of the general account [fund].

History.

1974, ch. 18, § 2, p. 364; am. 1988, ch. 115, § 1, p. 211.

§ 22-105. Agricultural department inspection fund — Continuing appropriation.

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.

History.

1974, ch. 18, § 2, p. 364; am. 1994, ch. 180, § 13, p. 420.

§ 22-106. Injunction.

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.

History.

1974, ch. 18, § 2, p. 364.

§ 22-107. Voluntary services for public — Fees — Appropriation of moneys.

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.

History.

1974, ch. 18, § 2, p. 364; am. 1976, ch. 51, § 4, p. 152; am. 1994, ch. 180, § 14, p. 420; am. 2001, ch. 146, § 1, p. 515.

§ 22-108. Authority and duties of director concerning rapeseed.

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 [agriculture department] inspection account created pursuant to section 22-105 [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 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).

History.

I.C.,§ 22-108, as added by 1986, ch. 249, § 1, p. 670.

§ 22-109. Quality assurance laboratory program — Mandatory assessment referendum authority.

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.

History.

I.C.,§ 22-109, as added by 1992, ch. 79, § 1, p. 220.

§ 22-110. Authority and duties of director concerning agricultural waste.

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.

History.

I.C.,§ 22-110, as added by 1998, ch. 417, § 1, p. 1314.

§ 22-111. [Reserved.]

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 by rules adopted pursuant to this section. Fees assessed and collected pursuant to rules adopted according 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 under 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 by rules adopted pursuant to subsection (1) of 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.

History.

I.C.,§ 22-112, as added by 2003, ch. 148, § 1, p. 425.

§ 22-113. United States food and drug administration food safety modernization act — Regulations for human food processing.

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, in consultation and cooperation with the department of health and welfare, shall conduct negotiated rulemaking to provide for the implementation of such regulation.

History.

I.C.,§ 22-113, as added by 2016, ch. 172, § 1, p. 474; am. 2018, ch. 216, § 1, p. 486; am. 2019, ch. 27, § 1, p. 76.

§ 22-201. Creation of county fair boards.

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.

History.

1929, ch. 208, § 1, p. 411; I.C.A.,§ 22-201; am. 1963, ch. 128, § 1, p. 379.

§ 22-202. Hearing of objections — Order creating board — Appointment and selection of members.

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.

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.

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.

History.

1929, ch. 208, § 2, p. 411; I.C.A.,§ 22-202; am. 1963, ch. 113, § 1, p. 336; am. 1976, ch. 347, § 1, p. 1155; am. 1987, ch. 184, § 1, p. 363; am. 2000, ch. 347, § 1, p. 1172.

§ 22-202A. Designation of county fair board as advisory body.

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.

History.

I.C.,§ 22-202A, as added by 1989, ch. 234, § 1, p. 571; am. 1993, ch. 210, § 1, p. 571.

§ 22-203. Time for creation.

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.

History.

1929, ch. 208, § 3, p. 411; I.C.A.,§ 22-203.

§ 22-204. Duties of county fair board — Bonds of members — Meetings — Further duties.

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. History.

1929, ch. 208, § 4, p. 411; I.C.A.,§ 22-204; am. 1973, ch. 179, § 1, p. 412; am. 1981, ch. 47, § 1, p. 70; am. 1988, ch. 228, § 1, p. 440; am. 2000, ch. 17, § 1, p. 33.

§ 22-205. Secretary and treasurer of county fair board.

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.

History.

1929, ch. 208, § 5, p. 411; I.C.A.,§ 22-205.

§ 22-206. Budget of funds for county fair purposes — Taxing unit under Idaho Budget Law — Maintenance of idle property.

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.

History.

1929, ch. 208, § 6, p. 411; am. 1931, ch. 137, § 1, p. 234; I.C.A.,§ 22-206; am. 1933, ch. 85, § 1, p. 136; am. 1995, ch. 82, § 2, p. 218.

§ 22-207. Disposition of moneys remaining after fair conducted or awards paid.

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.

History.

1929, ch. 208, § 7, p. 411; I.C.A.,§ 22-207; am. 1985, ch. 7, § 1, p. 10.

§ 22-208. Expenses of board members.

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.

History.

1929, ch. 208, § 8, p. 411; I.C.A.,§ 22-208.

§ 22-209. Police and fire protection for county fairs.

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.

History.

1941, ch. 83, § 1, p. 157.

§ 22-301. Formation of districts.

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.

History.

1925, ch. 131, § 1, p. 185; am. 1931, ch. 210, § 1, p. 404; I.C.A.,§ 22-301.

§ 22-302. Canvass of petitions — Order on petition — Joint meeting of county boards.

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.

History.

1925, ch. 131, § 2, p. 185; I.C.A.,§ 22-302.

§ 22-303. Order creating district — Subdivisions of district — Board of directors.

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) [two (2)] 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.

History.

1925, ch. 131, § 3, p. 185; I.C.A.,§ 22-303; am. 1996, ch. 48, § 1, p. 141.

§ 22-304. Duties of board of directors — Bonds and meetings.

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.

History.

1925, ch. 131, § 4, p. 185; am. 1927, ch. 70, § 1, p. 86; I.C.A.,§ 22-304; am. 1941, ch. 167, § 1, p. 334; am. 1996, ch. 48, § 2, p. 141.

§ 22-305. Further duties of board of directors.

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 [chairman] 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.

History.

1925, ch. 131, § 5, p. 185; am. 1927, ch. 70, § 2, p. 86; I.C.A.,§ 22-305; am. 1949, ch. 6, § 1, p. 7; am. 1973, ch. 179, § 2, p. 412.

§ 22-306. Compensation and mileage of directors.

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.

History.

1925, ch. 131, § 6, p. 185; I.C.A.,§ 22-306; am. 1970, ch. 23, § 1, p. 50; am. 1975, ch. 7, § 1, p. 11; am. 1978, ch. 371, § 1, p. 976.

§ 22-307. Revenue for fair purposes.

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.

History.

1925, ch. 131, § 7, p. 185; am. 1927, ch. 70, § 3, p. 86; I.C.A.,§ 22-307; am. 1941, ch. 167, § 2, p. 334; am. 1975, ch. 7, § 2, p. 11; am. 1976, ch. 45, § 27, p. 122; am. 1979, ch. 63, § 1, p. 167; am. 1995, ch. 82, § 3, p. 218; am. 1996, ch. 48, § 3, p. 141.

§ 22-308. Addition of counties to district.

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.

History.

1925, ch. 131, § 8, p. 185; I.C.A.,§ 22-308.

§ 22-309. Fiscal year.

The fiscal year of each fair district shall commence on the first day of November.

History.

I.C.A.,§ 22-308A, as added by 1941, ch. 167, § 3, p. 334.

§ 22-310. Disposition of moneys remaining after awards paid.

In any case in [which] 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.

History.

I.C.,§ 22-310, as added by 1985, ch. 7, § 2, p. 10.

§ 22-401 — 22-412. Definitions — Sale regulations — Labeling requirements — Purity tests — Examination of samples — Enforcement of chapter — Seed commissioner — Exemptions — Penalties — Prosecution. [Repealed.]

§ 22-413. Statewide jurisdiction and preemption.

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.

History.

I.C.,§ 22-413, as added by 2005, ch. 401, § 1, p. 1366; am. 2015, ch. 101, § 1, p. 242.

§ 22-414. Definitions.

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:
   1. 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
   2. 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:
   1. Preparing and using soil for growing plants; or
   2. 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:
    1. Two (2) or more inbred lines;
    2. One (1) inbred or a single cross with an open pollinated variety; or
    3. Two (2) varieties or species, except open pollinated varieties of corn (Zea mays).
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:
    1. “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.
    2. “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.
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.

The second generation or subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.

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.

(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.

History.

1951, ch. 243, § 1, p. 508; am. 1974, ch. 18, § 3, p. 364; am. 1985, ch. 22, § 1, p. 35; am. 1985, ch. 247, § 1, p. 578; am. 1987, ch. 188, § 1, p. 369; am. 1996, ch. 214, § 1, p. 693; am. 1997, ch. 17, § 1, p. 24; am. 2015, ch. 101, § 2, p. 242.

§ 22-415. Label requirements — Agricultural, vegetable, flower, tree and shrub seeds.

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:
   1. 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.
   2. Lot number or other lot identification.
   3. Origin by state or foreign country, if known. If the origin is unknown, that fact shall be stated.
   4. 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.
   5. Percentage by weight of inert matter.
   6. Percentage by weight of all weed seeds.
   7. 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.
   8. Germination for each named agricultural seed:
   9. Percentage of germination, exclusive of hard seed;
   10. Percentage of hard seed, if present;
   11. The calendar month and year the test was completed to determine the percentages;
   12. A tetrazolium test is deemed sufficient to meet germination labeling requirements if the species is included in the director’s published list.
       1. 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. Percentage of hard seed, if present;
       3. The calendar month and year the test was completed to determine such percentages;
       4. The words “Below Standard” in not less than 8-point type;
       5. A tetrazolium test is deemed sufficient to meet germination labeling requirements if the species is included in the director’s published list.
2. For vegetable seeds in packets or preplanted containers, mats, tapes or other planting devices:
   1. Name of kind of seed;
   2. Lot identification;
   3. 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.
   4. 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;
   5. 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.
   6. 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:
   1. 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;
   2. Lot identification;
   3. Germination for each named vegetable seed:
      1. Percentage of germination, exclusive of hard seed;
      2. Percentage of hard seed, if present;
      3. The calendar month and year the germination test was completed;
      4. A tetrazolium test is deemed sufficient to meet germination labeling requirements if the species is included in the director’s published list.
   4. 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.
   5. 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:
   1. The name of the kind and variety or a statement of type and performance;
   2. The calendar month and year the seed was tested or the year the seed was packaged;
   3. 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;
   4. 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:
      1. The number of seeds or net weight in the container;
      2. 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
      3. The words “Below Standard” in not less than 8-point type.
   5. 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:
      1. Lot number or other lot identification;
      2. Percentage of germination, exclusive of hard seed, and the percentage of hard seed, if present. (5) For tree and shrub seed:
   6. Purity as a percentage of pure seed by weight.
   7. For those species for which standard germination testing procedures are prescribed by the director:
   8. i Percentage of germination, exclusive of hard seed;
   9. The name and address of the person who sells the seed or his federal consumer marketing service number or agricultural marketing service number.

(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:

(e) The elevation, or the upper and lower limits of elevations, within which the seed was collected.

(h) Transported in bulk, an invoice is sufficient to meet labeling requirements when the container is identified with a lot 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;

§ 22-416. Prohibitions.

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:
   1. 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.
   2. Not labeled in accordance with the provisions of this chapter, or having false or misleading labeling.
   3. Pertaining to which there has been a false or misleading advertisement.
   4. Containing prohibited noxious weed seeds.
   5. Containing restricted noxious weed seeds singly or collectively in excess of tolerances as provided by the rules and regulations of the department.
   6. 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.
   7. If the crop seed rye (Secale cereale) is present in wheat, oats or barley.
2. It shall be unlawful for any person within this state:
   1. 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.
   2. To disseminate any false or misleading advertisement concerning seeds in any manner or by any means.
   3. To hinder or obstruct in any way any authorized person in the performance of his duties under this chapter.
   4. To fail to comply with a “stop-sale” order.
   5. 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.
   6. 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.
   7. 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. History.

1951, ch. 243, § 3, p. 508; am. 1970, ch. 8, § 1, p. 12; am. 1974, ch. 18, § 5, p. 364; am. 1979, ch. 180, § 1, p. 533; am. 1985, ch. 22, § 3, p. 35; am. 1987, ch. 188, § 3, p. 369; am. 1990, ch. 89, § 2, p. 184; am. 1990, ch. 413, § 3, p. 1144; am. 1991, ch. 171, § 2, p. 413.

§ 22-417. Exemptions.

1. The provisions of sections 22-415 and 22-416, Idaho Code, shall not apply:
   1. To seed or grain not intended for sowing purposes.
   2. 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.

History.

1951, ch. 243, § 4, p. 508; am. 1987, ch. 188, § 4, p. 369.

§ 22-418. Duties and authority of director.

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:
    1. 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;
    2. Reasonable standards of germination for vegetable seeds and flower seeds;
    3. Labeling of flower seeds;
    4. A list of the kinds of flower seeds subject to the flower seed germinations labeling requirements;
    5. A list of the tree and shrub species subject to germination labeling requirements;
    6. A list of species that may be tetrazolium tested in lieu of germination testing.

History.

1951, ch. 243, § 5, p. 508; am. 1971, ch. 216, § 1, p. 969; am. 1974, ch. 18, § 6, p. 364; am. 1987, ch. 188, § 5, p. 369; am. 1991, ch. 171, § 3, p. 413; am. 1992, ch. 70, § 1, p. 204; am. 1998, ch. 203, § 1, p. 721.

§ 22-419. Records.

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.

History.

I.C.,§ 22-419, as added by 1987, ch. 188, § 7, p. 369.

§ 22-420. Seizure.

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.

History.

1951, ch. 243, § 7, p. 508; am. 1974, ch. 18, § 8, p. 364; am. 1987, ch. 188, § 8, p. 369.

§ 22-421. Violations, prosecutions and penalties.

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.
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.

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.

History. 1951, ch. 243, § 8, p. 508; am. 1974, ch. 18, § 9, p. 364; am. 1987, ch. 188, § 9, p. 369; am. 1993, ch. 207, § 1, p. 568.

§ 22-421A. Injunction.

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.

History.

I.C.,§ 22-421A, as added by 1987, ch. 188, § 10, p. 369.

§ 22-422 — 22-433. Seed and plant certification act of 1959. [Repealed.]

§ 22-434. Seed dealer’s license.

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 [agriculture department] 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:
   1. The applicant or licensee has been guilty of fraud, deception, or misrepresentation in the procurement of a license; and/or
   2. The licensee was guilty of violating any of the provisions of this chapter.

History.

I.C.,§ 22-434, as added by 1985, ch. 247, § 2, p. 578; am. 1986, ch. 110, § 1, p. 303; am. 1989, ch. 41, § 1, p. 54; am. 1994, ch. 50, § 1, p. 88; am. 1997, ch. 17, § 2, p. 24; am. 1998, ch. 203, § 2, p. 721; am. 2000, ch. 140, § 1, p. 368; am. 2004, ch. 162, § 1, p. 528.

§ 22-435. State seed [laboratory] advisory board.

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:
   1. Cereal grains
   2. Grasses — turf
   3. Grasses — forage
   4. Small seeded legumes
   5. Corn and small seeded vegetables
   6. Garden beans
   7. Field beans
   8. Oil crops
   9. Natives.
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.

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.

History. I.C.,§ 22-435, as added by 1989, ch. 209, § 1, p. 513; am. 1995, ch. 32, § 1, p. 50; am. 2003, ch. 121, § 1, p. 369; am. 2009, ch. 38, § 1, p. 109.

§ 22-436. Seed arbitration.

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:

§ 22-501. Definitions.

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.

History.

1939, ch. 144, p. 261, no section number; am. 1996, ch. 215, § 1, p. 700; am. 2000, ch. 141, § 1, p. 369.

§ 22-502. Packing and tagging.

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.

History.

1939, ch. 144, § 2, p. 261; am. 1965, ch. 6, § 1, p. 8; am. 1996, ch. 215, § 2, p. 700.

§ 22-503. Potatoes for planting.

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.

History.

1939, ch. 144, § 3, p. 261; am. 1971, ch. 118, § 1, p. 401; am. 1979, ch. 181, § 1, p. 535; am. 1996, ch. 215, § 3, p. 700; am. 2000, ch. 141, § 2, p. 369; am. 2003, ch. 108, § 1, p. 346.

§ 22-504. Penalty for violations.

1. Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not 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 [agriculture department] 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.

History.

1939, ch. 144, § 4, p. 261; am. 1996, ch. 215, § 4, p. 700.

§ 22-505. Rules.

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 [agriculture department inspection account] created pursuant to section 22-105 [22-104], Idaho Code.

History.

I.C.,§ 22-505, as added by 1996, ch. 215, § 5, p. 700.

§ 22-506. Advisory committee.

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.

History.

I.C.,§ 22-506, as added by 1996, ch. 215, § 6, p. 700.

§ 22-507. Crop management areas.

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.

History.

I.C.,§ 22-507, as added by 1996, ch. 215, § 7, p. 700; am. 2007, ch. 51, § 1, p. 123.

§ 22-508. Exemptions.

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.

History.

I.C.,§ 22-508, as added by 1996, ch. 215, § 8, p. 700.

§ 22-509. Title.

This chapter shall be known as: “The Idaho Seed Potato Act of 1996.”

History.

I.C.,§ 22-509, as added by 1996, ch. 215, § 9, p. 700.

§ 22-510. Seed potato arbitration.

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.

§ 22-601. Title.

This chapter shall be known as the “Idaho Fertilizer Act of 2000.”

History.

I.C.,§ 22-601, as added by 2000, ch. 295, § 2, p. 1012.

§ 22-603. Definitions.

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.
    1. “Bulk fertilizer” means a fertilizer distributed in a nonpackaged form.
    2. “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.
    3. “Fertilizer material” means a fertilizer which either:
       1. Contains important quantities of no more than one (1) of the primary plant nutrients: nitrogen (N), phosphate (P O ) and potash (K O), or
       2. Has eighty-five percent (85%) or more of its plant nutrient content present in the form of a single chemical compound, or
       3. 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.
    4. “Micronutrient fertilizer” means a fertilizer that contains valuable concentrations of micronutrients, but does not contain valuable concentrations of total nitrogen (N), available phosphate (P O ), soluble potash (K O), calcium (Ca), magnesium (Mg), or sulfur (S).
    5. “Mixed fertilizer” means a fertilizer containing any combination or mixture of fertilizer materials.
    6. “Packaged fertilizer” means fertilizers, either agricultural or specialty, distributed in nonbulk form.
    7. “Specialty fertilizer” means a fertilizer distributed for nonagricultural use.
    8. “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:
    1. Total nitrogen     ........ %
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. In a fertilizer with the principal constituent of calcium sulfate (gypsum), the percentage of calcium sulfate (CaSO 2H O) 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.

^{2 5 2 2 5 2}

Available phosphate     ........ %

Soluble potash     ........ %

^{4 2}

(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 (CaCO ), calcium hydroxide (Ca(OH) ), calcium oxide (CaO), magnesium carbonate (MgCO ), magnesium hydroxide (Mg(OH) ) or magnesium oxide (MgO), singly or combined, and capable of neutralizing soil acidity.

^{3 2 3 2}

(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 as provided for in sections 22-608(1) and 22-609, Idaho Code. A tonnage-only distributor must register with the department on forms provided by the director. A tonnage-only distributor is subject to section 22-608, Idaho Code.

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. History.

I.C.,§ 22-603, as added by 2000, ch. 295, § 2, p. 1012; am. 2001, ch. 147, § 2, p. 516; am. 2008, ch. 131, § 1, p. 365.

§ 22-604. Adoption of rules.

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.

History.

I.C.,§ 22-604, as added by 2000, ch. 295, § 2, p. 1012; am. 2001, ch. 147, § 3, p. 516.

§ 22-605. Registration of products and storage facilities.

1. Registration of products.
   1. 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 twenty-five dollars ($25.00) 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:
      1. The brand, grade and product name for each product;
      2. The name and address of the registrant; and
      3. A current label meeting the requirements of section 22-607, Idaho Code, for each product.
   2. A distributor is not required to register any fertilizer that is already registered under this chapter, as long as the label remains unchanged.
   3. If an application for renewal of the product registration provided for in this section is not postmarked by January 31 of any one (1) year, 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.
   4. 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 which would be in violation of any provision of this chapter.
   5. 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.
   6. 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 utilized, the source of the ingredient material, and any reference material relied upon to support the label statement or guarantee of ingredient.
   7. 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.
   8. 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.
   9. 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.
   10. 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.
   1. 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:
      1. The name and address of the registrant and location of storage facility;
      2. Listing of storage containers by volume, per storage facility.
      3. 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.
      4. 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.
   2. If an application for renewal of the storage facility registration provided for in this section is not postmarked by January 31 of any one (1) year, 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.
   3. 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.
   4. 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.

History.

I.C.,§ 22-605, as added by 2000, ch. 295, § 2, p. 1012; am. 2001, ch. 147, § 4, p. 516; am. 2008, ch. 131, § 2, p. 369.

§ 22-606. Formulas.

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.

History.

I.C.,§ 22-606, as added by 2000, ch. 295, § 2, p. 1012; am. 2015, ch. 141, § 28, p. 379.

§ 22-607. Labels — Information required.

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:
   1. The net weight;
   2. The brand and grade, provided that the grade shall not be required when no primary nutrients are claimed;
   3. Product name;
   4. Guaranteed analysis;
   5. The name and address of the registrant, or manufacturer, or both;
   6. The sources from which the guaranteed plant nutrients are derived; and
   7. 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:
   1. The net weight;
   2. 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;
   3. The name and address of the registrant or manufacturer, or both; and
   4. The name and address of the purchaser.

History.

I.C.,§ 22-607, as added by 2000, ch. 295, § 2, p. 1012; am. 2008, ch. 131, § 3, p. 371.

§ 22-608. Inspection fees.

1. There shall be paid to the department for all fertilizers sold or distributed in this state in quantities of more than twenty-five (25) pounds an inspection fee at the rate of thirty-five cents (35¢) per ton by the product registrant. Another registrant or a tonnage-only distributor may assume responsibility for the inspection fee. Except that:
   1. No fee shall be paid on commercial fertilizer if the payment has been made by a previous distributor.
   2. No fee shall be paid on a customer-formula fertilizer if the inspection fee is paid on the commercial fertilizers that are used as ingredients therein.
   3. No fee shall be paid on commercial fertilizers that are used as ingredients for the manufacture of commercial fertilizers.
   4. If the fee has already been paid, credit shall be given for such payment.
2. Every registrant who distributes fertilizer into or within the state shall file with the department an annual statement setting forth the number of net tons of each fertilizer so distributed into or within this state during such period. The annual tonnage reporting period shall be July 1 to June 30 of each year. The statement is due on or before thirty (30) days following the close of the filing period. Upon filing the statement, the registrant shall pay the inspection fee at the rate provided in this section. If the tonnage report is not filed and the inspection fee is not paid within thirty (30) days after the end of the specified filing period, a collection fee of ten percent (10%) of the amount due, or twenty-five dollars ($25.00), whichever is greater, shall be assessed against the registrant and added to the amount due.
3. When more than one (1) person is involved in the distribution of a fertilizer, the last person who has the fertilizer registered or who has distributed the fertilizer to a nonregistrant, dealer, or consumer is responsible for reporting the tonnage and paying the inspection fee, unless the report and payment is made by a prior distributor of the fertilizer. The registrant has the ultimate responsibility for the payment of inspection fees.
4. Records of the number of net tons of each fertilizer so distributed in this state shall be maintained for a period of five (5) years. The director shall have the right to examine such records to verify the reported tonnage of fertilizer distributed in this state.
5. A minimum inspection fee shall be fifteen dollars ($15.00) per reporting period.
6. On individual packages of fertilizer containing twenty-five (25) pounds or less, there shall be paid, in lieu of the inspection fee, an annual registration fee of twenty-five dollars ($25.00) for each separately identifiable product sold or distributed. Where a person distributes fertilizer in packages of twenty-five (25) pounds or less and in packages of over twenty-five (25) pounds, the annual fee shall apply only to that portion distributed in packages of twenty-five (25) pounds or less.
7. Fees so collected shall be used for the payment of the costs of inspection, sampling and analysis, and other expenses necessary for the administration of this chapter.

History.

I.C.,§ 22-608, as added by 2000, ch. 295, § 2, p. 1012; am. 2008, ch. 131, § 4, p. 372; am. 2020, ch. 142, § 2, p. 433.

§ 22-609. Tonnage reports.

1. The registrant or tonnage-only distributor distributing or selling fertilizer to a nonregistrant or consumer shall furnish to the department a report showing the amount (in tons) of each grade of fertilizer, and the form in which the fertilizer was distributed (dry or liquid). In the case of fertilizer sold to an intermediate distributor, the registrant, tonnage-only distributor, or distributor shall list the name, address, telephone number, and amount (in tons) of each fertilizer product sold to each intermediate distributor.
2. Information furnished to the department under this section is exempt from disclosure under section 74-107(1) or (2), Idaho Code, if the disclosure would divulge the operation of any person.

History.

I.C.,§ 22-609, as added by 2000, ch. 295, § 2, p. 1012; am. 2008, ch. 131, § 5, p. 373; am. 2015, ch. 141, § 29, p. 379.

§ 22-610. Inspection — Sampling.

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.

History.

I.C.,§ 22-610, as added by 2000, ch. 295, § 2, p. 1012; am. 2001, ch. 147, § 5, p. 516; am. 2008, ch. 131, § 6, p. 373.

§ 22-611. Penalties.

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.

History.

I.C.,§ 22-611, as added by 2000, ch. 295, § 2, p. 1012; am. 2004, ch. 108, § 1, p. 382.

§ 22-612. Assessment of penalties.

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.

History.

I.C.,§ 22-612, as added by 2000, ch. 295, § 2, p. 1012; am. 2004, ch. 108, § 2, p. 382.

§ 22-613. Misbranding.

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.

History.

I.C.,§ 22-613, as added by 2000, ch. 295, § 2, p. 1012; am. 2001, ch. 147, § 6, p. 516.

§ 22-614. Adulteration.

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.

History.

I.C.,§ 22-614, as added by 2000, ch. 295, § 2, p. 1012.

§ 22-615. Publication of information.

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.

History.

I.C.,§ 22-615, as added by 2000, ch. 295, § 2, p. 1012.

§ 22-616. “Stop sale” orders.

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.

History.

I.C.,§ 22-616, as added by 2000, ch. 295, § 2, p. 1012; am. 2001, ch. 147, § 7, p. 516.

§ 22-617. Complaint for seizure — Hearing.

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.

History.

I.C.,§ 22-617, as added by 2000, ch. 295, § 2, p. 1012.

§ 22-618. Violations.

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.

History.

I.C.,§ 22-618, as added by 2000, ch. 295, § 2, p. 1012.

§ 22-619. Remedies for violations.

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.

History.

I.C.,§ 22-619, as added by 2000, ch. 295, § 2, p. 1012; am. 2001, ch. 147, § 8, p. 516.

§ 22-620. Use of funds received.

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.

History.

I.C.,§ 22-620, as added by 2000, ch. 295, § 2, p. 1012; am. 2008, ch. 131, § 7, p. 374.

§ 22-621. Cooperation with other governmental agencies.

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.

History.

I.C.,§ 22-621, as added by 2000, ch. 295, § 2, p. 1012.

§ 22-622. No affect on existing liability.

The enactment of this chapter does not terminate or modify any civil or criminal liability which already exists on July 1, 2000.

History.

I.C.,§ 22-622, as added by 2000, ch. 295, § 2, p. 1012.

§ 22-623. Not applicable to wholesale transactions.

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.

History.

I.C.,§ 22-623, as added by 2000, ch. 295, § 2, p. 1012.

§ 22-624. Severability.

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.

History.

I.C.,§ 22-624, as added by 2000, ch. 295, § 2, p. 1012.

§ 22-625. Statements of uniform interpretation and policy.

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.

History.

I.C.,§ 22-625, as added by 2001, ch. 147, § 9, p. 516.

§ 22-626. Local legislation — Prohibition.

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:
   1. Regulate the registration, packaging, labeling, sale, storage, distribution, use and application of fertilizers;
   2. 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.

History.

I.C.,§ 22-626, as added by 2005, ch. 387, § 1, p. 1248.

§ 22-701. Farm marketing subject to state regulation — Farm products defined.

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.

History.

1917, ch. 24, § 1k, p. 64; compiled and reen. C.L. 79:10; C.S., § 2031; a.m. 1923, ch. 50, § 1, p. 57; I.C.A.,§ 22-701.

§ 22-702. Standards for farm products and receptacles.

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.

History.

1917, ch. 24, § 1 l , p. 64; reen. C.L. 79:11; C.S., § 2032; I.C.A.,§ 22-702; am. 1969, ch. 28, § 1, p. 53.

§ 22-703. Sale of graded and ungraded products.

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 in the rules and regulations made under this chapter: provided, that any 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.

History.

1917, ch. 24, § 1m, p. 64; reen. C.L. 79:12; am. 1919, ch. 165, § 1, p. 533; C.S., § 2033; I.C.A.,§ 22-703.

§ 22-703A. Retail sales of onions.

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.

History.

I.C.,§ 22-703A, as added by 1982, ch. 85, § 1, p. 158.

§ 22-704. Inspectors — Appointment — Suspension or removal.

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.

History.

1917, ch. 24, § 1n, p. 65; reen. C.L. 79:13; C.S., § 2034; I.C.A.,§ 22-704.

§ 22-705. Appeal from classification.

The owner or person in possession of any farm product classified in accordance with section 22-704[, Idaho Code,] 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.

History.

1917, ch. 24, § 1o, p. 65; reen. C.L. 79:14; C.S., § 2035; I.C.A.,§ 22-705.

§ 22-706. Certificate as prima facie evidence of classification.

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.

History.

1917, ch. 24, § 1p, p. 65; reen. C.L. 79:15; C.S., § 2036; I.C.A.,§ 22-706.

§ 22-707. Penalty for violation.

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.

History.

1917, ch. 24, § 1q, p. 65; compiled and reen. C.L. 79:16; C.S., § 2037; I.C.A.,§ 22-707.

§ 22-801. Fruit boxes — How marked — Misuse of labels — Canned or dried fruit excepted.

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, and it shall be unlawful for any person to mark, or place upon, any package the name of any other place or locality than the place where such fruit was grown except the place to which shipped, or to falsely mark any such package as to variety, name of grower, association or organization or place where grown, or to obliterate or change the original marks on any such package or to remark the same 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, and it shall be unlawful 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, or 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. In addition to the marks required to be placed upon any closed package of fruit grown in this state, as hereinabove provided, the grower thereof, or association or organization of growers packing the same, shall mark upon the outside of such package the grade of the fruit contained therein, and it shall be unlawful for any person to remark any such closed package as a higher or superior grade than that originally marked by the grower thereof or association or organization packing the same, or for any person other than the grower or association or organization packing such fruit grown in this state to place (on) any such closed package, not marked with the grade of the contents thereof, any mark or brand indicating the grade of such contents. Provided, that nothing in this section shall be construed to apply to canned or dried fruit.

History.

1919, ch. 192, § 1, p. 575; am. 1925, ch. 52, § 1, p. 76; I.C.A.,§ 22-801; am. 1937, ch. 226, § 1, p. 402.

§ 22-802. Apple grades — Annual publication of regulations.

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.

History.

1919, ch. 192, § 2, p. 275; C.S., § 2039; I.C.A.,§ 22-802; am. 1957, ch. 85, § 1, p. 135; am. 1974, ch. 18, § 12, p. 364; am. 1976, ch. 70, § 1, p. 238.

§ 22-803. Inspection — Certificate of inspection.

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.

History.

1919, ch. 192, § 3, p. 575; C.S., § 2040; I.C.A.,§ 22-803; am. 1974, ch. 18, § 13, p. 364.

§ 22-804. Violation — Penalty.

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.

History.

1919, ch. 192, § 4, p. 575; C.S., § 2041; I.C.A.,§ 22-804.

§ 22-901. Application of act.

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 in lots of less than one (1) carload within the state 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”: provided, however, that all potatoes marketed within the state of Idaho or outside the state of Idaho may conform to grades promulgated by an act of congress or promulgated by authority of the secretary of agriculture of the United States, if the shipper or grower so desires. It is further provided that 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. All potatoes conforming to the grades hereinabove and hereinafter set out shall be packed in containers or bags in conformity with the following prescribed rules. 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 some changed form or product do not need to be graded. The Idaho department of agriculture may promulgate the necessary rules and forms to carry out this paragraph.

History.

1941, ch. 32, § 1, p. 72; am. 1965, ch. 146, § 1, p. 285; am. 1970, ch. 175, § 1, p. 505.

§ 22-902. Idaho Deluxe.

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.

History.

1941, ch. 32, § 2, p. 72; am. 1970, ch. 175, § 2, p. 505.

§ 22-903. Idaho Standard.

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.

History.

1941, ch. 32, § 3, p. 72; am. 1970, ch. 175, § 3, p. 505.

§ 22-904. Idaho Utility.

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 ½) 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.

History.

1941, ch. 32, § 4, p. 72; am. 1970, ch. 175, § 4, p. 505.

§ 22-905. Application of tolerances.

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 ½) 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.

History.

1941, ch. 32, § 5, p. 72.

§ 22-906. Bakers.

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.”

History.

1941, ch. 32, § 6, p. 72.

§ 22-907. Containers.

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.

History.

1941, ch. 32, § 7, p. 72; am. 1949, ch. 108, § 1, p. 197; am. 1965, ch. 146, § 2, p. 285.

§ 22-908. Brands.

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.

History.

1941, ch. 32, § 8, p. 72.

§ 22-909. Private brands.

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.

History.

1941, ch. 32, § 9, p. 72.

§ 22-910. Definition of terms.

As used in these standards:

1. “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.
2. “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).
3. “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.
4. “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:

1. 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.
2. 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.
3. Shriveling, when the potato is more than moderately shriveled, spongy, or flabby.
4. Sprouting when more than ten percent (10%) of the potatoes have sprouts over three-fourths (¾) of an inch long.
5. Surface scab which covers an area of more than five percent (5%) of the surface of the potato in the aggregate.
6. 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.
7. Rhizoctonia when the general appearance of the potatoes in the container is materially injured or when individual potatoes are badly infected.
8. 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.

5. “Free from serious damage” means free from any injury or defect which seriously 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 ten percent (10%) of the total weight of the potato including peel covering defective area. 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 serious damage:

(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.

6. “Sampling” means the procedure used to take a representative sample from a lot:

(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.

7. “Recognized types of sampling procedures” mean:

(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.

8. “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.”

9. 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.

10. 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.

History.

1941, ch. 32, § 10, p. 72; am. 1990, ch. 190, § 1, p. 419.

§ 22-911. Retail sales of potatoes.

1. 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.
2. 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.
3. 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.
4. 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.

History.

I.C.,§ 22-911, as added by 1972, ch. 233, § 1, p. 614; am. 1974, ch. 18, § 14, p. 364.

§ 22-912. Penalty for violations.

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.

History.

1941, ch. 32, § 12, p. 72.

§ 22-913. Remedy by injunction.

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.

History.

1941, ch. 32, § 13, p. 72; am. 1974, ch. 18, § 15, p. 364.

§ 22-914. Separability.

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.

History.

1941, ch. 32, § 15, p. 72.

§ 22-1001 — 22-1006. [Repealed.]

§ 22-1101. Legislative intent.

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.

History.

I.C.,§ 22-1101, as added by 1990, ch. 145, § 1, p. 325.

§ 22-1102. Definitions.

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.

History.

I.C.,§ 22-1102, as added by 1990, ch. 145, § 1, p. 325; am. 1994, ch. 99, § 2, p. 224; am. 1999, ch. 136, § 1, p. 383; am. 2001, ch. 75, § 2, p. 181; am. 2007, ch. 53, § 1, p. 124.

§ 22-1103. Administration and enforcement — Rules — Annual list distribution.

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:
   1. Standards for agricultural crops and livestock produced for sale as organically grown food products.
   2. Records required of organically grown food products producers.
   3. The number of on-site inspections, announced and unannounced.
   4. Chemical residue analysis of organically grown food products and fees for conducting such analysis.
   5. Certification of private laboratories to conduct chemical residue analyses.
   6. Standards that a producer must meet to be recognized as a producer under the provisions of this chapter.
   7. Development and distribution of the organic certification seal and standards for its application for use on Idaho organically grown food products.
   8. Development and implementation of labeling standards.
   9. 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.
   10. 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.
   11. 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.

History.

I.C.,§ 22-1103, as added by 1990, ch. 145, § 1, p. 325; am. 1999, ch. 136, § 3, p. 383; am. 2000, ch. 190, § 1, p. 470; am. 2001, ch. 75, § 3, p. 181; am. 2011, ch. 50, § 1, p. 114.

§ 22-1104. Violation of rules — Civil penalty.

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.

History.

I.C.,§ 22-1104, as added by 1990, ch. 145, § 1, p. 325; am. 1993, ch. 216, § 2, p. 587; am. 2002, ch. 88, § 1, p. 209.

§ 22-1105. Prohibited representations.

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.

History.

I.C.,§ 22-1105, as added by 1990, ch. 145, § 1, p. 325; am. 2001, ch. 75, § 4, p. 181.

§ 22-1106. Fees — Organic food products administration account.

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.

History.

I.C.,§ 22-1106, as added by 1990, ch. 145, § 1, p. 325; am. 2001, ch. 75, § 5, p. 181.

§ 22-1107. Organic food advisory council.

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:
   1. Cereals, grains and legumes;
   2. Dairy and livestock;
   3. Forage and feed;
   4. Herbs; and
   5. Vegetables and row crops.
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.

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.

History.

I.C.,§ 22-1107, as added by 1990, ch. 145, § 1, p. 325; am. 2001, ch. 75, § 6, p. 181; am. 2002, ch. 88, § 2, p. 209.

§ 22-1108. Appeal process.

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.

History.

I.C.,§ 22-1108, as added by 1994, ch. 99, § 1, p. 224.

§ 22-1109 — 22-1117. Penalty for tax defaults — Powers and duties of commission — Advertising — Payment of taxes — Penalties — Construction — Separability. [Repealed.]

§ 22-1201. Legislative intent.

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.

History.

I.C.,§ 22-1201, as added by 2004, ch. 188, § 2, p. 582.

§ 22-1202. Potato commission created.

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.

History.

1939, ch. 172, § 2, p. 312; am. 1957, ch. 274, § 1, p. 632; am. 1961, ch. 316, § 1, p. 603; am. 1969, ch. 213, § 2, p. 614; am. 1974, ch. 13, § 3, p. 138; am. 1974, ch. 115, § 1, p. 1283; am. 1980, ch. 247, § 8, p. 582; am. 1985, ch. 109, § 1, p. 212; am. 1997, ch. 320, § 1, p. 944.

§ 22-1203. Executive office.

The executive office of said commission is hereby established in Ada county.

History.

1939, ch. 172, § 3, p. 312; am. 2001, ch. 183, § 1, p. 613.

§ 22-1204. Definitions.

As used in this act:

1. The term “commission” means the Idaho potato commission.
2. The term “person” means individual, partnership, corporation, association, grower and/or any other business unit.
3. The term “potatoes” means and includes only potatoes sold or intended for human consumption and grown in the state of Idaho.
4. “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.
5. The term “dealer” means and includes any person engaged in the business of buying, receiving, processing, or selling potatoes for profit or remuneration.
6. 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.
7. 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.
8. 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.
9. 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.
10. The term “processor” means a person who is actively engaged in the processing of potatoes in the state of Idaho for human consumption.
11. The term “processing” means changing the form of potatoes from the raw or natural state into a product for human consumption.
12. The term “handler” means and includes any person processing potatoes or handling them in the primary channel of trade.
13. 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.

Notwithstanding any other provision of law to the contrary, the commission shall not be authorized to promulgate rules relating to the amendments to the definitions of the terms “shipper,” “grower,” and “processor” as provided for in this act for a period of one (1) year from the effective date of this act.

History.

1939, ch. 172, § 4, p. 312; am. 1957, ch. 274, § 2, p. 632; am. 1961, ch. 316, § 2, p. 603; am. 1969, ch. 213, § 3, p. 614; am. 1973, ch. 121, § 1, p. 229; am. 2019, ch. 201, § 1, p. 619.

§ 22-1205. Administration and enforcement of act.

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.

History.

1939, ch. 172, § 5, p. 312; am. 1957, ch. 274, § 3, p. 632; am. 1969, ch. 213, § 4, p. 614; am. 1998, ch. 25, § 1, p. 140.

§ 22-1206. Penalty for tax defaults.

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 ½%) 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.

History.

1939, ch. 172, § 6, p. 312; am. 1973, ch. 121, § 2, p. 229; am. 1985, ch. 109, § 2, p. 212.

§ 22-1207. Powers and duties of commission.

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 ½%) 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) [(18)] 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. History.

1939, ch. 172, § 7, p. 312; am. 1955, ch. 156, § 1, p. 304; am. 1961, ch. 316, § 4, p. 603; am. 1967, ch. 297, § 1, p. 847; am. 1969, ch. 213, § 5, p. 614; am. 1972, ch. 399, § 1, p. 1160; am. 1981, ch. 310, § 1, p. 650; am. 1985, ch. 109, § 3, p. 212; am. 1993, ch. 211, § 1, p. 572; am. 1994, ch. 48, § 3, p. 78; am. 1994, ch. 180, § 15, p. 420; am. 1997, ch. 308, § 1, p. 913; am. 1998, ch. 25, § 2, p. 140; am. 2004, ch. 188, § 3, p. 582.

§ 22-1208. Commodity facts and benefits — Promotion.

The commission is authorized and directed to disseminate information:

1. 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;
2. 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;
3. 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;
4. Relating to the effect upon the public health which would result from a breakdown of the Idaho potato industry;
5. Relating to the reasons why producers and dealers should receive a reasonable return on their labor and investment;
6. Relating to the problem of furnishing the consumer at all times with an abundant supply of fine quality potatoes at reasonable prices;
7. 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;
8. Relating to the possibilities of increased consumption of Idaho potatoes;
9. 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;
10. 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.

History.

1939, ch. 172, § 8, p. 312; am. 1969, ch. 213, § 6, p. 614; am. 2004, ch. 188, § 4, p. 582.

§ 22-1209. Deposit and disbursement of funds.

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.

History.

I.C.,§ 22-1209, as added by 1988, ch. 52, § 2, p. 76; am. 1993, ch. 327, § 6, p. 1186; am. 1994, ch. 180, § 16, p. 420; am. 1996, ch. 159, § 7, p. 502; am. 2003, ch. 32, § 4, p. 115.

§ 22-1210. Limit on state liability — Compensation and expenses.

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.

History.

I.C.,§ 22-1210, as added by 1973, ch. 121, § 4, p. 229; am. 1988, ch. 52, § 3, p. 76; am. 1999, ch. 64, § 2, p. 167; am. 2000, ch. 12, § 1, p. 25.

§ 22-1211. Tax levy.

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.

History.

1939, ch. 172, § 11, p. 312; am. 1947, ch. 24, § 2, p. 23; am. 1955, ch. 156, § 2, p. 304; am. 1967, ch. 297, § 2, p. 847; am. 1969, ch. 213, § 9, p. 614; am. 1972, ch. 399, § 2, p. 1160; am. 1974, ch. 114, § 1, p. 1281; am. 1981, ch. 310, § 2, p. 650; am. 1985, ch. 109, § 4, p. 212; am. 1987, ch. 128, § 1, p. 259; am. 2007, ch. 57, § 1, p. 140.

§ 22-1211A. Referendum of continuance of additional tax.

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¢) [eleven cents (11¢)] 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¢) [eleven cents (11¢)], the additional tax of one cent (1¢) [eleven cents (11¢)] 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¢) [eleven cents (11¢)] 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¢) [eleven cents (11¢)] is discontinued, the tax of two and one-fourth cents (2 ¼¢) [four cents (4¢)] shall continue in full force and effect.

History.

I.C.,§ 22-1211A, as added by 1972, ch. 399, § 3, p. 1160.

§ 22-1212. Dealers’ records — Tax returns.

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.

History.

1939, ch. 172, § 12, p. 312; am. 1969, ch. 213, § 10, p. 614.

§ 22-1213. Penalty for violations.

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.

History.

1939, ch. 172, § 14, p. 312; am. 1991, ch. 40, § 1, p. 79; am. 1993, ch. 216, § 3, p. 587; am. 1994, ch. 48, § 2, p. 78; am. 2004, ch. 188, § 5, p. 582.

§ 22-1214. Liberal construction — Separability.

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.

History.

1939, ch. 172, § 15, p. 312.

§ 22-1215. Access to records.

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.

History.

I.C.,§ 22-1215, as added by 1985, ch. 210, § 1, p. 519; am. 1990, ch. 213, § 17, p. 480; am. 2015, ch. 141, § 30, p. 379.

§ 22-1301. Definitions. [Repealed.]

§ 22-1302. Exemptions from act. [Repealed.]

§ 22-1303. License required

Application, additional bond, issuance, fees. [Repealed.]

§ 22-1304. Bond

Certificate of deposit in lieu of bond. [Repealed.]

§ 22-1305. Requirements of dealers in paying for farm products. [Repealed.]

§ 22-1306. List of licensees — Posting of licenses

Disposition of fees. [Repealed.]

§ 22-1307. Cash buyers. [Repealed.]

§ 22-1308. Rules

Enforcement of act. [Repealed.]

§ 22-1309. Investigations, examinations or inspections

Complaints by consignors. [Repealed.]

§ 22-1310. Refusal, revocation or suspension of licenses. [Repealed.]

§ 22-1311. Review of granting or refusal of license. [Repealed.]

§ 22-1312. Records to be kept by commission merchants. [Repealed.]

§ 22-1313. Report of sales by commission merchants — Remittances to consignor

Certificate of department. [Repealed.]

§ 22-1314. Certain sales prima facie fraudulent. [Repealed.]

§ 22-1315. Violations and penalties — Criminal — Civil

Venue of actions and prosecutions. [Repealed.]

§ 22-1316. Drawing checks insufficiently covered a felony. [Repealed.]

§ 22-1317. Separability. [Repealed.]

§ 22-1401 — 22-1411. Definitions — Use of irrigation system — Compliance with regulations — Determination of compliance by director — List of types of systems — Duties of supplier of pesticide, fertilizer or herbicide — License — Chemigation without license — Stop work order — Use of fees collected — Penalties. [Repealed.]

§ 22-1501. Certification of seeds and plants — Regulation of certification to be in public interest.

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.

History.

I.C.,§ 22-1101, as added by 1990, ch. 413, § 2, p. 1144; am. and redesig. 2005, ch. 25, § 16, p. 82.

§ 22-1502. Compliance required where certain phrases used.

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.

History.

I.C.,§ 22-1102, as added by 1990, ch. 413, § 2, p. 1144; am. and redesig. 2005, ch. 25, § 17, p. 82; am. 2020, ch. 80, § 1, p. 170.

§ 22-1503. Definitions.

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.

History.

I.C.,§ 22-1103, as added by 1990, ch. 413, § 2, p. 1144; am. and redesig. 1993, ch. 69, § 1, p. 182; am. 2020, ch. 80, § 2, p. 170.

§ 22-1504. Administration of the chapter.

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.

History.

I.C.,§ 22-1104, as added by 1990, ch. 413, § 2, p. 1144; am. and redesig. 1993, ch. 69, § 2, p. 182; am. 2020, ch. 80, § 3, p. 170.

§ 22-1505. Standards and requirements.

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.

History.

I.C.,§ 22-1105, as added by 1990, ch. 413, § 2, p. 1144; am. and redesig. 2005, ch. 25, § 18, p. 82; am. 2020, ch. 80, § 4, p. 170.

§ 22-1506. Fees charged by certifying agency.

Fees may be charged by the certifying agency, under schedules set forth in standards, requirements, and procedures for certification of seeds, tubers, plants, and plant parts under this chapter, but these fees shall have a reasonable relation to the cost and may be used only for expenses in connection with certification and improvement of certification services.

History.

I.C.,§ 22-1106, as added by 1990, ch. 413, § 2, p. 1144; am. and redesig. 2005, ch. 25, § 19, p. 82; am. 2020, ch. 80, § 5, p. 170.

§ 22-1507. Maintenance of seed stocks.

The Idaho agricultural experiment station or an agent of the university of Idaho appointed, in writing, shall be responsible to obtain and maintain sources of basic seed stocks that include breeder class and foundation class seed of public varieties or strains of crops deemed appropriate by the director of the Idaho agricultural experiment station. Basic seed stocks, limited generation certified seed tubers, plants, or plant parts shall first be made available for production in Idaho. This shall be accomplished through a system of equitable allocation to any person, firm, partnership, association, corporation, or entity located in this state unless a contract or agreement entered into with another public research entity or institution provides otherwise. Price established for the basic seed stocks of seed, tubers, plants, or plant parts shall be in reasonable relation to the cost of production, maintenance, handling, storage, and processing necessary to meet standards set forth in the standards and requirements.

History.

I.C.,§ 22-1107, as added by 1990, ch. 413, § 2, p. 1144; am. and redesig. 2005, ch. 25, § 20, p. 82; am. 2020, ch. 80, § 6, p. 170.

§ 22-1508. Delegation of authority.

The regents of the university of Idaho may delegate in writing its authority, or any part thereof, under this chapter to any instrumentality or entity as an agent and servant of the state whose principal purpose is to establish and maintain a uniform and reasonable system of certification of seeds, tubers, plants and plant parts. The delegated instrumentality or entity as agent and servant of the state shall be an entity of the state of Idaho as provided in the tort claims act, chapter 9, title 6, Idaho Code. The university will cooperate with the Idaho department of agriculture in seed analysis and inspection.

History.

I.C.,§ 22-1108, as added by 1990, ch. 413, § 2, p. 1144; am. and redesig. 1993, ch. 69, § 3, p. 182.

§ 22-1509. Liability of regents limited.

The regents of the university of Idaho shall not be financially responsible for debts incurred, damages inflicted, or contracts broken by the certifying agent in conducting certification work. The certifying agent shall be entitled to all the protections as provided in the tort claims act, chapter 9, title 6, Idaho Code.

History.

I.C.,§ 22-1109, as added by 1990, ch. 413, § 2, p. 1144; am. and redesig. 1993, ch. 69, § 4, p. 182.

§ 22-1510. Review of action taken under provisions of law.

Any person, firm, partnership, association or corporation aggrieved by any act or action taken under the provisions of this chapter law may, within thirty (30) days of such act or action, appeal to the district court within and for the district in which said act or action was committed for appropriate relief. It is further provided that any order or judgment of the district court pertaining to such appeal may be appealed to the Supreme Court of the state of Idaho in the manner in which appeals are made under the present code and procedure, provided, however, that on the appeal to the Supreme Court, the Supreme Court shall consider only questions of law.

History.

I.C.,§ 22-1110, as added by 1990, ch. 413, § 2, p. 1144; am. and redesig. 2005, ch. 25, § 21, p. 82.

§ 22-1511. Title.

This chapter shall be known as, and may be cited as, the “Seed and Plant Certification Act.”

History.

I.C.,§ 22-1111, as added by 1990, ch. 413, § 2, p. 1144; am. and redesig. 2005, ch. 25, § 22, p. 82.

§ 22-1601. Discrimination in sale of farm products.

It is hereby made unlawful for any person, firm, company, partnership, copartnership, corporation, foreign or domestic, or association, or other organization doing business in the state of Idaho, who shall intentionally for the purpose of creating a monopoly or destroying the business of a competitor, in any locality, section, community, city or village, to discriminate between different individuals, corporations, partnerships, copartnerships, associations or organizations of any kind or to discriminate between different sections, localities, communities, villages or cities of this state in the purchase, barter, exchange or resale of farm products, either in the raw or manufactured state, when such products are purchased or sold under recognized standards and grades, as prescribed by the department of agriculture, after making due allowance for the difference, if any, in the actual cost of transportation from the locality of purchase in the raw state to the locality of manufacture, or from the locality of manufacture to the locality of sale, and in addition thereto allowance in the grade or quality of such products, if any.

History.

1917, ch. 23, § 1, p. 62; reen. C.L. 79:31; am. 1919, ch. 18, § 1, p. 81; C.S., § 2051; am. 1921, ch. 189, § 1, p. 391; I.C.A.,§ 22-1201.

§ 22-1602. Records subject to inspection.

All the books, papers and other records of every person, firm, corporation or other organization engaged in the business of buying or selling farm products, shall be subject to inspection by the department of agriculture, if it shall appear to the department that there are reasonable grounds to believe that there has been a violation of this chapter, and such person, firm, corporation or other organization shall, at such times as the department shall prescribe, make such further verified returns having a bearing on the provisions of this chapter as the department may prescribe.

History.

1917, ch. 23, § 2, p. 62; reen. C.L. 79:32; C.S., § 2052; I.C.A.,§ 22-1202.

§ 22-1603. Penalty.

Whoever shall violate any of the provisions of this chapter shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1000 for each offense, and, if a corporation, may have its charter or permit to do business in this state forfeited.

History.

1917, ch. 23, § 3, p. 62; reen. C.L. 79:33; C.S., § 2053; I.C.A.,§ 22-1203.

§ 22-1604. Prosecution by attorney general.

If any person, firm, corporation or other organization shall violate any of the provisions of this chapter, upon complaint thereof by the department of agriculture to the attorney general, setting forth the violations of this chapter complained of, it shall be the duty of the attorney general to proceed in the name of the state of Idaho against such person, firm, corporation or other organization.

History.

1917, ch. 23, § 4, p. 63; reen. C.L. 79:34; C.S., § 2054; I.C.A.,§ 22-1204.

§ 22-1605. Penalty for disclosures.

No person shall disclose any fact or information obtained pursuant to or under the provisions of this chapter except for the purpose of prosecuting or aiding in the prosecution of persons charged with the violation of the terms of this chapter. And any person violating any of the provisions of this section shall be guilty of a misdemeanor and punished accordingly.

History.

1917, ch. 23, § 5, p. 63; reen. C.L. 79:35; C.S., § 2055; I.C.A.,§ 22-1205.

§ 22-1606. Separability.

If any section, subsection, sentence, clause or phrase of this chapter or as the same may be hereafter amended, is for any reason held to be unconstitutional by any court of competent jurisdiction, the validity of the remaining parts of this chapter shall not thereby be affected or impaired.

History.

1917, ch. 23, § 6, p. 63; reen. C.L. 79:36; C.S., § 2056; I.C.A.,§ 22-1206.

§ 22-1701, 22-1702. Sacked products — Sale by net weight — Civil liability. [Repealed.]

§ 22-1801. Commission on pesticide management — Established — Composition — Duration of membership — Compensation

Powers and duties. [Repealed.]

Repealed by S.L. 2016, ch. 19, § 1, effective July 1, 2016.

History.

I.C.,§ 22-1801, as added by 2002, ch. 112, § 1, p. 313.

§ 22-1802. State appropriations — Restrictions on use of state money

Commission approval required. [Repealed.]

Repealed by S.L. 2016, ch. 19, § 1, effective July 1, 2016.

History.

I.C.,§ 22-1802, as added by 2002, ch. 112, § 1, p. 313.

§ 22-1803. Deposit and disbursement of funds. [Repealed.]

Repealed by S.L. 2016, ch. 19, § 1, effective July 1, 2016.

History.

I.C.,§ 22-1803, as added by 2002, ch. 112, § 1, p. 313; am. 2003, ch. 32, § 5, p. 115.

§ 22-1804. Duties. [Repealed.]

Repealed by S.L. 2016, ch. 19, § 1, effective July 1, 2016.

History.

I.C.,§ 22-1804, as added by 2002, ch. 112, § 1, p. 313.

§ 22-1805. Report on activities

Review by legislature. [Repealed.]

Repealed by S.L. 2016, ch. 19, § 1, effective July 1, 2016.

History.

I.C.,§ 22-1805, as added by 2002, ch. 112, § 1, p. 313.

§ 22-1901. Title.

This chapter shall be known as “The Idaho Invasive Species Act of 2008.”

History.

I.C.,§ 22-1901, as added by 2008, ch. 387, § 1, p. 1062.

§ 22-1902. Legislative findings.

The legislature finds that:

1. The purpose of this chapter is to address the concerns about the increasing threat of invasive species by providing policy direction, planning and authority to combat invasive species infestations throughout the state and to prevent the introduction of new species that may be harmful;
2. The land, water and other resources of Idaho are being severely affected by invasions of an increasing number of harmful, invasive species;
3. These invasions are damaging Idaho’s environment and causing economic hardships;
4. Idaho is a national leader in the control of invasive species, particularly noxious weeds and agricultural pests, and has a strong network of local, state, federal, tribal and private entities actively and cooperatively combating the threat;
5. Prevention, early detection, rapid response and eradication are the most effective and least costly strategies against invasive species because they combat new invasions before they expand beyond feasible control;
6. Implementing these strategies requires the state of Idaho to enhance its capacity to prioritize risks, prevent new invasions, employ early detection and rapid response techniques, apply state of the art control and management strategies, coordinate multiple public and private efforts and involve the public;
7. An effective invasive species program must foster and support local initiatives; and
8. The multitude of public and private entities with an interest in controlling and preventing the spread of harmful invasive species in Idaho need a mechanism for cooperation and collaboration to meet the threat of invasive species.

History.

I.C.,§ 22-1902, as added by 2008, ch. 387, § 1, p. 1062.

§ 22-1903. Administration.

This chapter shall be administered by the Idaho state department of agriculture.

History.

I.C.,§ 22-1903, as added by 2008, ch. 387, § 1, p. 1063.

§ 22-1904. Definitions.

Unless otherwise noted in this chapter the definitions as set forth in section 22-2005, Idaho Code, are adopted by reference.

1. “Conveyance” means a terrestrial or aquatic vehicle or a vehicle part that may carry or contain an invasive species or plant pest. A conveyance includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal watercraft, a trailer or any other means or method of transportation. “Conveyance” also includes a live well or a bilge area of a watercraft.
2. “Environmental harm” means to cause significant adverse effects on uses of natural resources or on plants or animals.
3. “Invasive species” means species not native to Idaho, including their seeds, eggs, spores, larvae or other biological material capable of propagation, that cause economic or environmental harm and are capable of spreading in the state. “Invasive species” does not include crops, improved forage grasses, domestic livestock, or other beneficial nonnative organisms.

History.

I.C.,§ 22-1904, as added by 2008, ch. 387, § 1, p. 1063; am. 2010, ch. 342, § 1, p. 898.

§ 22-1905. Prohibited actions.

No person may import, export, purchase, sell, barter, distribute, propagate, transport or introduce an invasive species into or within the state of Idaho and no person may possess an invasive species, except:

1. Under a permit issued by the director;
2. When being transported to an appropriate state authority, or another destination as such authority may direct, in a sealed container for purposes of identifying the species or reporting the presence of the species;
3. When being transported for disposal as part of an approved control activity under a permit issued pursuant to section 22-1906, Idaho Code;
4. When the specimen has been lawfully acquired dead and, in the case of plant species, all seeds are removed or are otherwise rendered nonviable;
5. In the form of herbaria or other preserved specimens, so long as such specimens are rendered nonviable; or
6. As the director may otherwise prescribe by rule.

History.

I.C.,§ 22-1905, as added by 2008, ch. 387, § 1, p. 1063.

§ 22-1906. Duties of the department and director.

The department may prevent and control, by such means as shall be prescribed and provided by law, rule or by order of the department, all invasive species that may cause economic or environmental harm to the state. The director shall:

1. After due investigation, report the detection of new invasive species within the state to the appropriate state and federal officials;
2. Issue permits for the transport or possession of an invasive species into, within or through the state of Idaho. Permits shall include requirements to ensure the containment of that species, as may be prescribed in rule.

These duties shall not usurp existing provisions of the Idaho Code, programs that deal with invasive species issues, or the individual missions of any state agency or duplicate efforts existing upon passage of this act.

History.

I.C.,§ 22-1906, as added by 2008, ch. 387, § 1, p. 1063.

§ 22-1907. Rules and orders.

The director is hereby authorized to promulgate rules necessary for the efficient enforcement of the provisions of this chapter. Rulemaking authority shall include, but not be limited to, the determination of which species are invasive and the establishment of procedures for testing, sampling, inspection, certification, permitting, compliance verification and recordkeeping. The director may by written order designate a species as invasive until such time as it may be added to the official rules of the department.

History.

I.C.,§ 22-1907, as added by 2008, ch. 387, § 1, p. 1064.

§ 22-1908. Authority to conduct inspections.

1. In order to accomplish the purposes of this chapter, the director may enter upon and inspect any public or private premises, lands, bodies of water, or means of conveyance, or article of any person within this state, for the purpose of inspecting, surveying, treating, controlling, collecting samples, or destroying any invasive species.
2. The director may establish check stations at points of entry to the state, or other facilities and sites throughout the state, as necessary to carry out the provisions of this chapter.
3. No person shall proceed past or travel through an established inspection station during its hours of operation while towing, carrying or transporting any conveyance without presenting such conveyance for inspection.

History.

I.C.,§ 22-1908, as added by 2008, ch. 387, § 1, p. 1064; am. 2010, ch. 342, § 2, p. 898.

§ 22-1909. Disposition of invasive species.

The director is authorized to seize, decontaminate or destroy any invasive species found in this state from public or private ownership or control as necessary to carry out the provisions of this chapter.

History.

I.C.,§ 22-1909, as added by 2008, ch. 387, § 1, p. 1064.

§ 22-1910. Hold order.

The director may issue hold orders to take prompt regulatory action in invasive species emergencies on any article, commodity, conveyance, vehicle or other means of transportation entering this state when it is reasonably believed that the article, commodity, conveyance, vehicle or other means of transportation is in violation of this chapter or rules promulgated hereunder. The hold order shall contain contact information for the owner of the article, commodity, conveyance, vehicle or other means of transportation, the reason for the hold order, and the conditions for release.

History.

I.C.,§ 22-1910, as added by 2008, ch. 387, § 1, p. 1064; am. 2010, ch. 342, § 3, p. 898.

§ 22-1910A. Law enforcement.

1. It shall be the duty of all peace officers within the state of Idaho, as defined by section 19-5101(d), Idaho Code, to enforce the provisions of this chapter by making a complaint or citation as described in section 19-3901, Idaho Code.
2. Peace officers within the state of Idaho, upon reasonable suspicion that a conveyance is infested with quagga mussels or zebra mussels, may require a driver of a vehicle to stop and submit to an inspection of the exterior of any conveyance(s) in plain view.
3. If the peace officer has probable cause to believe that the conveyance(s) are contaminated with quagga mussels or zebra mussels, or when a conveyance is found to be contaminated or otherwise carrying quagga mussels or zebra mussels, the peace officer shall detain the vehicle and conveyance(s) and immediately summon a tow truck to transport the conveyance(s) to the nearest available impound yard.
4. Upon impoundment, the director shall issue a hold order as provided in this chapter specifying the conditions for release.

History.

I.C.,§ 22-1910A, as added by 2010, ch. 342, § 4, p. 898.

§ 22-1911. Invasive species fund.

There is hereby established in the state treasury an invasive species fund.

1. The fund shall receive such appropriations as deemed necessary by the governor and the legislature to accomplish the goals of this chapter. The fund shall also receive moneys from the collection of reasonable fees for permits or as otherwise required by this chapter or rules promulgated hereunder. The fund may also receive, at the discretion of the director, moneys from any other lawful source including, without limitation, fees, penalties, fines, gifts, grants, legacies of money, property, securities or other assets, or any other source, public or private.
2. Moneys in the invasive species fund are subject to appropriation for the purposes of this chapter. The fund shall be used to support activities related to the prevention, detection, control and management of invasive species in Idaho.
3. All interest or other income accruing from moneys deposited to the fund shall be redeposited and accrue to the fund. Any unexpended balance left in the fund at the end of any fiscal year shall carry forward without reduction to the following fiscal year.

History.

I.C.,§ 22-1911, as added by 2008, ch. 387, § 1, p. 1064.

§ 22-1912. Control and eradication costs — Deficiency warrants — Cooperation with other entities and citizens.

Whenever the director determines that there exists the threat of an infestation of an invasive species on state-owned land or water, private, forested, range or agricultural land or water, and that the infestation is of such a character as to be a menace to state, private, range, forest or agricultural land or water, the director shall cause the infestation to be controlled and eradicated, using such moneys as have been appropriated or may hereafter be made available for such purposes. Provided however, that whenever the cost of control and eradication exceeds the moneys appropriated or otherwise available for that purpose, the state board of examiners may authorize the issuance of deficiency warrants against the general fund for up to five million dollars ($5,000,000) in any one (1) year for such control and eradication. Control and eradication costs may include, but are not limited to, costs for survey, detection, inspection, enforcement, diagnosis, treatment and disposal of infected or infested materials, cleaning and disinfecting of infected premises or vessels and indemnity paid to owners for infected or infested materials destroyed by order of the director. The director, in executing the provisions of this chapter insofar as it relates to control and eradication, shall have the authority to cooperate with federal, state, county and municipal agencies and private citizens in control and eradication efforts; provided, that in the case of joint federal/state programs, state moneys shall only be used to pay the state’s share of the cost of the control and eradication efforts. Such moneys for which the state shall thus become liable shall be paid as a part of the expenses of the Idaho state department of agriculture out of appropriations that shall be made by the legislature for that purpose from the general fund of the state. In all appropriations hereafter made for expenses of the department, account shall be taken of and provision made for this item of expense.

History.

I.C.,§ 22-1912, as added by 2008, ch. 387, § 1, p. 1065.

§ 22-1913. Penalties for violations.

1. Any person who knowingly violates any provision of this chapter, or of the rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with the department, its agents, designees or employees, in the execution, or on account of the execution of its or their duties under this chapter or rules promulgated hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than three thousand dollars ($3,000) or be imprisoned in a county jail for not more than twelve (12) months or be subject to both such fine and imprisonment.
2. Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated hereunder may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney’s fees.
   1. Assessment of a civil penalty may be made in conjunction with any other department administrative action.
   2. 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.
   3. 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.
   4. 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.
   5. All civil penalties collected pursuant to this section shall be remitted to the invasive species fund as authorized under section 22-1911, Idaho Code.
3. Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.

History.

I.C.,§ 22-1913, as added by 2008, ch. 387, § 1, p. 1065.

§ 22-1914. Cooperative agreements.

1. The department may enter into cooperative agreements with persons and entities including, but not limited to, civic groups and governmental agencies, to adopt and execute plans to detect and control areas infested with invasive species. Such cooperative agreements may include provisions for funding to implement agreements.
2. If an invasive species occurs and cannot be adequately controlled by individual persons, owners, tenants or local units of government, the department may conduct the necessary control measures independently or on a cooperative basis with federal or other units of government.
3. The department shall have the authority to delegate selected and clearly identified elements of its authorities and duties to another agency of the state with appropriate expertise or administrative capacity upon mutual agreement with that agency. The department is authorized to enter into memoranda of agreement with other state agencies to implement the delegations authorized in this subsection. Such delegation may include provisions of funding for implementation of the delegations. The department shall retain primary authority and responsibility for all requirements of this chapter unless otherwise directed herein.

History.

I.C.,§ 22-1914, as added by 2008, ch. 387, § 1, p. 1066.

§ 22-1915. No effect on existing liability.

The enactment of this chapter does not terminate or modify any civil or criminal liability relating to plant pests which exists prior to the effective date of this chapter.

History.

I.C.,§ 22-1915, as added by 2008, ch. 387, § 1, p. 1066.

§ 22-1916. Hold harmless.

Any state or federal agency or contractor, its officers, agents and employees implementing or enforcing the provisions of this chapter shall be held harmless against all claims arising from the good faith enforcement and implementation of the provisions of this chapter and rules promulgated hereunder, in accordance with the Idaho tort claims act, chapter 9, title 6, Idaho Code.

History.

I.C.,§ 22-1916, as added by 2008, ch. 387, § 1, p. 1066.

§ 22-1917. Severability.

The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

History.

I.C.,§ 22-1917, as added by 2008, ch. 387, § 1, p. 1067.

§ 22-2001. Title.

This chapter shall be known as the “Idaho Plant Pest Act of 2002.”

History.

I.C.,§ 22-2001, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2002. Administration.

This chapter shall be administered by the Idaho state department of agriculture.

History.

I.C.,§ 22-2002, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2003. Statement of purpose.

The purpose of this chapter is to prevent the introduction and subsequent dissemination of plant pests into Idaho through the movement of nursery stock and other plants and plant products. This chapter provides for the regulation of plant material and plant pests moving into Idaho and establishes provisions under which such plant material and products may legally enter the state. This chapter also establishes provisions for the establishment of interstate and intrastate quarantines to restrict the movement of nursery stock, plant pests and plant products.

History.

I.C.,§ 22-2003, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2004. Duties of the department.

The department may control and prevent, by such means as shall be prescribed and provided by law, rule, or by order of the department, all contagious, infectious and plant pests destructive to the state’s agricultural, forestry or horticultural interests or to the state’s general environmental quality.

History.

I.C.,§ 22-2004, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2005. Definitions.

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.
    1. Plant or crop destruction or injury;
    2. Increased cultural or pest control costs;
    3. 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;
    4. Social adversities such as interference with home or urban gardening, human health, worker safety, food safety or jobs; or
    5. Environmental quality including added pesticide use, scenic and watershed damage, destruction of ecosystems and food chain interference.

(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:

(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.

History.

I.C.,§ 22-2005, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2006. Promulgation of rules — Collection and deposit of fees and penalties.

1. The director is hereby authorized to promulgate rules:
   1. 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.
   2. 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.
   3. To regulate nonquarantine species, exempt species and federally quarantined species.
2. All revenues from fees and penalties collected as authorized under this chapter shall be deposited to the agricultural department inspection fund created pursuant to section 22-105, Idaho Code.

History.

I.C.,§ 22-2006, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2007. Authority to conduct inspections — Entry on lands.

1. The director may enter into each county of the state for the purpose of inspecting, examining and determining thereby the healthfulness and general condition of the environmental, horticultural, forestry and agricultural interests.
2. In order to accomplish the purposes of this chapter, the director may enter upon and inspect any public or private premises, lands, or means of conveyance, or article of any person within this state, for the purpose of inspecting, surveying, treating, controlling or destroying any plant or plant pest.

History.

I.C.,§ 22-2007, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2008. Discovery of plant pests — Official marking of infested or infected articles — Reporting the detection of plant pests.

1. Upon knowledge of the existence of a regulated pest or a pest that may cause significant damage or harm within the state, the department is authorized to conspicuously mark all plants, materials and articles known or suspected to be infected or infested with the pest. The department shall notify the person, owner or the tenant in possession of the premises or area in question of the existence of the pest and of the prescribed control measures. The aforementioned person shall, within the prescribed time limit, implement the conditions of the department’s hold order or stop sale or be subject to civil penalties.
2. The state plant regulatory official shall immediately report the detection of new plant pests within the state to the director and to the U.S. department of agriculture. Other state plant regulatory officials shall be notified as deemed necessary.

History.

I.C.,§ 22-2008, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2009. Hold order or stop sale.

The director may issue hold orders or stop sales to take prompt regulatory action in plant pest emergencies on any plant, article, or commodity entering this state in violation of this chapter or rules promulgated hereunder.

History.

I.C.,§ 22-2009, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2010. Control orders — Control of nuisances — Liens and cost recovery.

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

History.

I.C.,§ 22-2010, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2011. Compensation for the loss or destruction of infested or infected plants, plant products or other articles. [Repealed.]

§ 22-2012. Quarantines.

The director, by and with the approval of the governor, may, after investigations or hearings, establish, maintain and enforce quarantines as the director deems necessary to protect any and all plants against infestation or infection by any plant pest, new to or not heretofore widely prevalent or distributed within or throughout the state of Idaho. Quarantine rules issued under this chapter shall be promulgated in accordance with chapter 52, title 67, Idaho Code.

History.

I.C.,§ 22-2012, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2013. Quarantine rules — Regulated areas and articles — Temporary rules.

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:
   1. 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.
   2. 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.
   3. 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.
   4. 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:
   1. 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.
   2. 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.
   3. 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:
   1. Interstate shipments:
   2. 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.
      1. Certificates or permits are required for the movement of nonexempted regulated articles when:
         1. Moving from a regulated area to any point outside thereof.
         2. Moving from a generally infested area into a suppressive area.
         3. Moving within a suppressive area where such control over this movement is desirable.
         4. 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.
      2. 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.
      3. Certificates should not be issued unless provisions of other applicable quarantines have been met and the regulated articles:
      4. 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.
      5. 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.

(b) Intrastate shipments:

1. Originate in a noninfested portion of the regulated area and have not been exposed to infestation while within the regulated area; or

2. Have been examined and found to be free of infestation; or

3. Have been treated in accordance with procedures approved by the director; or

History.

I.C.,§ 22-2013, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2014. Repeal of quarantines.

The director, by and with the approval of the governor, may repeal a quarantine when its purposes have been accomplished, or if the progress of events has clearly proved that the desired end is not possible to attain by the restrictions adopted. The quarantine shall be promptly reconsidered, either with a review or repeal or with intent of substituting other measures. Before any such repeal of a quarantine shall become effective, the same shall be approved by the governor and shall be signed in duplicate by him, and one (1) copy thereof shall be filed in the office of the secretary of state and the other in the office of the director. Quarantine rules issued under this chapter must be repealed in accordance with chapter 52, title 67, Idaho Code.

History.

I.C.,§ 22-2014, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2015. Listing of regulated nonquarantine pests and restrictions by rules.

The director may promulgate rules listing regulated nonquarantine pests and specify restrictions for specific plant pests with a specified economically unacceptable impact to Idaho agriculture.

History.

I.C.,§ 22-2015, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2016. Prohibited activity — Permits — Export certification and compliance agreements — Nonindigenous plant pest species.

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:
   1. 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.
   2. 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.
   3. 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.

History.

I.C.,§ 22-2016, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2017. Crop management areas.

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:
   1. Specification of the kind and quality of seed or other propagative material which may be planted in the area;
   2. Specification of treatments, chemical or otherwise, which shall be used to control pests or undesirable plants in the area;
   3. Transportation of vegetative material into, within or out of the area;
   4. Disposition of infested crops, undesirable plants or other material which may include destruction of the crops, plants or other material;
   5. 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.

History.

I.C.,§ 22-2017, as added by 2002, ch. 89, § 2, p. 210; am. 2004, ch. 186, § 1, p. 577.

§ 22-2018. Research and investigation of plant pest problems and control.

As deemed necessary, the director may fund research to prevent the introduction or spread of plant pests causing or having the potential to cause significant damage or harm in the state, and to investigate the feasibility of their control.

History.

I.C.,§ 22-2018, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2019. Infestations — Control and eradication costs — Deficiency warrants — Cooperation with other entities and citizens.

Whenever the director determines that there exists the threat of an infestation of 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.

History.

I.C.,§ 22-2019, as added by 2006, ch. 197, § 3, p. 611.

§ 22-2020. Penalties for violations.

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.
   1. Assessment of a civil penalty may be made in conjunction with any other department administrative action.
   2. 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.
   3. 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.
   4. 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.
   5. 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.

History.

I.C.,§ 22-2020, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2021. Cooperation with other jurisdictions.

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.

History.

I.C.,§ 22-2021, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2022. Severability.

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.

History.

I.C.,§ 22-2022, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2023. No effect on existing liability.

The enactment of this chapter does not terminate or modify any civil or criminal liability relating to plant pests which exists prior to the effective date of this chapter.

History.

I.C.,§ 22-2023, as added by 2002, ch. 89, § 2, p. 210.

§ 22-2101 — 22-2108. Commission created — Membership — Powers of commission — “Pest” defined — Employment of assistants — Utilization of state agencies — Trustee for funds — Office and meetings — Expenditure of funds — Compensation and expenses — Agency for discharge of delegated duties — Deficiency warrants for pest control. [Repealed.]

§ 22-2201. Short title.

This act may be known and cited as the “Soil and Plant Amendment Act of 2001.”

History.

I.C.,§ 22-2201, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2202. Administration.

This chapter shall be administered by the Idaho department of agriculture.

History.

I.C.,§ 22-2202, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2203. Definitions.

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.
    1. Any substance which is intended to improve the physical, chemical or biological characteristics of the soil to favor plant growth; or
    2. 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
    3. “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.

(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:

(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.

History.

I.C.,§ 22-2203, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2204. Authority to adopt rules.

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.

History.

I.C.,§ 22-2204, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2205. Products — Registration required.

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 one hundred dollars ($100) 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.
   1. 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.
   2. 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 before February 1 of any one (1) year, 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, so long as the label remains unchanged.

History.

I.C.,§ 22-2205, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2206. Submission of formulas.

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.

History.

I.C,§ 22-2206, as added by 2001, ch. 250, § 3, p. 903; am. 2015, ch. 141, § 31, p. 379.

§ 22-2207. Labeling information required.

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:
   1. Net weight or volume;
   2. Brand name;
   3. Content or guaranteed analysis; soil amending or plant amending ingredients:
   4. Purpose of product;
   5. Directions for application;
   6. Name and mailing address of the registrant.
   7. 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:
   1. Net weight or volume;
   2. The brand;
   3. The name and address of the registrant or manufacturer, or both;
   4. The name and address of the purchaser; and
   5. The soil amending or plant amending ingredients and amounts.

“Name of ingredient” ......... %

(identify and list all)

Total other ingredients ...... %

History.

I.C.,§ 22-2207, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2208. Tonnage fee.

1. The registrant of soil amendments or plant amendments distributed for sale or other remuneration in this state shall pay to the department a tonnage fee of fifteen cents (15¢) per ton on a dry weight basis. For liquid formulations or ingredients, the tonnage fee shall be based on weight-per-gallon basis.
2. The annual tonnage fee reporting period shall be July 1 to June 30 of each year.
3. Every registrant who distributes soil amendments or plant amendments in the state shall file with the department an annual statement for the reporting period setting forth the number of net tons of each soil amendment or plant amendment distributed in this state during the reporting period. The statement is due on or before thirty (30) days following the close of the filing period and, upon filing the statement, the registrant shall pay the tonnage fee at the rate stated in this section. If the tonnage report is not filed and the tonnage fees are not paid within thirty (30) days after the end of the specified filing period, a collection fee of ten percent (10%) of the amount due, or twenty-five dollars ($25.00), whichever is greater, shall be assessed against the registrant and added to the amount due.
4. The registrant is ultimately responsible for paying tonnage fees. When more than one (1) person is involved in the distribution of a soil amendment or plant amendment, the last person who has the soil amendment or plant amendment registered or who has distributed a soil amendment or plant amendment to a nonregistrant, dealer or consumer is responsible for reporting the tonnage and paying the tonnage fee, unless the report and payment are made by a prior distributor of the soil amendment or plant amendment.
5. A minimum tonnage fee shall be fifteen dollars ($15.00) per reporting period.
6. Records of the number of net tons of each soil amendment or plant amendment distributed in this state shall be maintained for a period of five (5) years. The director may examine the records to verify the reported tonnage of plant amendments and soil amendments distributed in this state.
7. Collected tonnage fees shall be used to pay the costs of inspection, sampling and analysis, and other expenses necessary for the administration of this chapter.

History.

I.C.,§ 22-2208, as added by 2001, ch. 250, § 3, p. 903; am. 2008, ch. 132, § 1, p. 374; am. 2020, ch. 142, § 3, p. 433.

§ 22-2209. Tonnage reports — Required.

1. The registrant distributing or selling soil amendments or plant amendments to a nonregistrant or consumer shall furnish to the department a report showing the amounts in tons of each registered brand of plant amendment and soil amendment, and the form in which the plant amendment and soil amendment was distributed, dry or liquid. In the case of soil amendments or plant amendments distributed to an intermediate distributor, the registrant or distributor shall list the current name, address, telephone number, and amount in tons of each soil amendment and plant amendment product distributed to each intermediate distributor.
2. Information furnished to the department under this section is exempt from disclosure under section 74-107(1) or (2), Idaho Code, if the disclosure would divulge the operation of any person.

History.

I.C.,§ 22-2209, as added by 2001, ch. 250, § 3, p. 903; am. 2015, ch. 141, § 32, p. 379.

§ 22-2210. Inspection — Sampling — Analysis.

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. History.

I.C.,§ 22-2210, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2211. Short weight — Penalty.

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.

History.

I.C.,§ 22-2211, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2212. Penalties for deficient analysis.

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:
   1. A penalty of three (3) times the value of the deficiency if the deficiency in any one (1) soil amending ingredient is more than:
      1. 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%).
      2. 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.
   2. 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.
   3. 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.

History.

I.C.,§ 22-2212, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2213. Assessment of penalties.

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.

History.

I.C.,§ 22-2213, as added by S.L. 2001, ch. 250, § 3, p. 903.

§ 22-2214. Misbranding.

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.

History.

I.C.,§ 22-2214, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2215. Adulteration.

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.

History.

I.C.,§ 22-2215, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2216. Publication of information.

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.

History.

I.C.,§ 22-2216, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2217. Stop-sale orders.

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:

1. A soil amendment or plant amendment is not properly registered or whose registration has been revoked under this chapter;
2. The proper tonnage fees or tonnage reports have not been submitted to the department pursuant to section 22-2208 or 22-2209, Idaho Code; or
3. A soil amendment or plant amendment is misbranded or adulterated.

The order may require the person to whom it is directed to hold the soil amendment or plant amendment, or lot thereof, which 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.

History.

I.C.,§ 22-2217, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2218. Violations.

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.

History.

I.C.,§ 22-2218, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2219. Remedies for violation.

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 [adopted] under this chapter notwithstanding the existence of other remedies of law. An injunction shall be issued without bond.

History.

I.C.,§ 22-2219, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2220. Disposition of moneys.

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.

History.

I.C.,§ 22-2220, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2221. Cooperation with other government agencies.

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.

History.

I.C.,§ 22-2221, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2222. No effect on existing liability.

The enactment of this chapter does not terminate or modify any civil or criminal liability which exists on July 1, 2001.

History.

I.C.,§ 22-2222, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2223. Not applicable to wholesale transactions.

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.

History.

I.C.,§ 22-2223, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2224. Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not effect [affect] 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.

History.

I.C.,§ 22-2224, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2225. Statement of uniform interpretation and policy.

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.

History.

I.C.,§ 22-2225, as added by 2001, ch. 250, § 3, p. 903.

§ 22-2226. Local legislation — Prohibition.

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:
   1. Regulate the registration, packaging, labeling, sale, storage, distribution, use and application of soil and plant amendments;
   2. 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.

History.

I.C.,§ 22-2226, as added by 2005, ch. 388, § 1, p. 1249.

§ 22-2301. Statement of purpose.

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.

History.

I.C.,§ 22-2301, as added by 1998, ch. 89, § 1, p. 304.

§ 22-2302. Definition of terms.

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”:
   1. 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.
   2. 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.
    1. 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.
    2. Any form of animal life.
    3. 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.

(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:

(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.

History.

I.C.,§ 22-2301, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 2, p. 304.

§ 22-2303. Duties of the department.

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.

History.

I.C.,§ 22-2302, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 3, p. 304.

§ 22-2304. State nursery and florist advisory committee.

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 [Idaho nursery and landscape 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.

History.

I.C.,§ 22-2303, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 4, p. 304.

§ 22-2305. License required — Schedule of fees.

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, [and] 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.

History. I.C.,§ 22-2304, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 5, p. 304; am. 1999, ch. 83, § 1, p. 279; am. 2008, ch. 130, § 1, p. 364.

§ 22-2306. Temporary nursery or florist sale license or location — Application fee — Condition.

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.

History.

I.C.,§ 22-2305, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 6, p. 304.

§ 22-2307. Renewal of license.

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.

History.

I.C.,§ 22-2306, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 7, p. 304.

§ 22-2308. Agent’s license.

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.

History.

I.C.,§ 22-2307, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 8, p. 304.

§ 22-2309. License not transferable — Moving place of business.

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.

History.

I.C.,§ 22-2308, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 9, p. 304.

§ 22-2310. Suspension, revocation, or refusal of license.

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.

History.

I.C.,§ 22-2309, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 10, p. 304.

§ 22-2311. Advertisement of nursery or florist stock for sale.

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.

History.

I.C.,§ 22-2311, as added by 1998, ch. 89, § 11, p. 304.

§ 22-2312. Wholesale sales.

No licensed nursery or florist may make wholesale sales of plant material for resale to an unlicensed nursery, florist, or landscape contractor.

History.

I.C.,§ 22-2312, as added by 1998, ch. 89, § 12, p. 304.

§ 22-2313. Issuance of shipping permit numbers.

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.

History.

I.C.,§ 22-2310, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 13, p. 304.

§ 22-2314. Inspection of licensed and unlicensed nurseries — Additional inspections and special services — Fees.

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:
   1. Inspections for and issuance of phytosanitary certificates and other certificates required for entrance of nursery or florist stock into other states and foreign countries;
   2. Services performed to verify compliance with import regulations of other states and foreign countries; and
   3. 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.

History.

I.C.,§ 22-2311, as added by 1984, ch. 231, § 2, p. 552; am. 1988, ch. 148, § 1, p. 269; am. and redesig. 1998, ch. 89, § 14, p. 304.

§ 22-2315. Substitution or transportation of uninspected nursery or florist stock prohibited.

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.

History.

I.C.,§ 22-2312, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 15, p. 304.

§ 22-2316. Misrepresentation of nursery stock by grower, dealer, or agent prohibited — Tags or labels required on fruit trees — Nursery or florist stock as horticultural product.

1. No grower, dealer, or agent shall:
   1. 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
   2. 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
   3. 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.

History.

I.C.,§ 22-2313, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 16, p. 304.

§ 22-2317. Knowingly selling, advertising, or displaying damaged, misrepresented, or mislabeled nursery or florist stock prohibited.

1. No person shall knowingly offer to sell, advertise, or display nursery or florist stock:
   1. That is dead, in a dying condition, seriously broken, desiccated, frozen or damaged by freezing, or materially damaged in any way;
   2. 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;
   3. That fails to meet the grade with which it is labeled;
   4. By making other false or fraudulent representations in connection with the sale of nursery or florist stock.

History.

I.C.,§ 22-2314, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 17, p. 304.

§ 22-2318. Knowingly selling, moving, or storing infected or infested nursery or florist stock prohibited — Seizure.

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.
   1. 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.
   2. 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.

History.

I.C.,§ 22-2315, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 18, p. 304.

§ 22-2319. Stop sale order — Condemnation.

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.

History.

I.C.,§ 22-2316, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 19, p. 304.

§ 22-2320. Imported nursery or florist stock to bear certificate of origin — Contents.

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.

History.

I.C.,§ 22-2317, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 20, p. 304.

§ 22-2321. Nursery stock standards.

Nursery stock standard for grade, quality and size shall be those as published by the American nursery and landscape association [AmericanHort]. The department shall not actively enforce these standards except in the case of a complaint or dispute.

History.

I.C.,§ 22-2321, as added by 1998, ch. 89, § 21, p. 304.

§ 22-2322. Reciprocity.

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.

History.

I.C.,§ 22-2322, as added by 1998, ch. 89, § 22, p. 304.

§ 22-2323. Disposition and use of money received.

Fees collected shall be paid into the state treasury and credited to the agriculture [department] 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.

History.

I.C.,§ 22-2318, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 23, p. 304; am. 2007, ch. 52, § 1, p. 124.

§ 22-2324. Violation.

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 [agriculture department] 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.

History.

I.C.,§ 22-2319, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 24, p. 304.

§ 22-2325. Severability.

The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.

History.

I.C.,§ 22-2320, as added by 1984, ch. 231, § 2, p. 552; am. and redesig. 1998, ch. 89, § 25, p. 304.

§ 22-2401. Declaration of policy.

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.

History.

I.C.,§ 22-2440, as added by 1981, ch. 309, § 2, p. 634; am. 1987, ch. 331, § 1, p. 690; am. and redesig. 1989, ch. 298, § 1, p. 730; am. and redesig. 1993, ch. 247, § 1, p. 859.

§ 22-2402. Definitions.

As used in this chapter:

1. “Agency” means:
   1. In the case of the federal government, any authority which exercises administrative control over defined areas of federal lands within the state of Idaho;
   2. In the case of the state of Idaho, any department, board, commission, or institution;
   3. 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:
   1. 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;
   2. 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:
   1. On the state level, the director of the department of agriculture;
   2. 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.
    1. 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
    2. 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.

(15) “Landowner” means:

(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.

History.

1970, ch. 149, § 3, p. 448; am. 1981, ch. 309, §  4, p. 634; am. 1987, ch. 331, § 3, p. 690; am. and redesig. 1989, ch. 298, § 3, p. 730; am. and redesig. 1993, ch. 247, § 2, p. 859; am. 1999, ch. 75, § 1, p. 212; am. 2006, ch. 225, § 1, p. 669; am. 2015, ch. 279, § 1, p. 1139; am. 2016, ch. 198, § 1, p. 553.

§ 22-2403. Enforcement of chapter vested in director — State duties.

1. The duty of enforcing this chapter and carrying out its provisions is vested in the director.
2. The director shall:
   1. Determine what weeds are noxious for the purposes of this chapter; and
   2. 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
   3. Make and publish such rules as in the director’s judgment are necessary to carry out the provisions of this chapter; and
   4. Employ a statewide weed coordinator to carry out the director’s duties and responsibilities; and
   5. 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
   6. 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
   7. Assist all landowners, managers and lessees in the state of Idaho, including, but not limited to, all state natural resource management agencies, state water resource management entities, as well as public and private land management firms and private landowners, in coping with the growth of noxious weeds, including noxious aquatic weeds.

History.

1970, ch. 149, § 4, p. 448; am. 1974, ch. 18, § 63, p. 364; am. 1976, ch. 51, § 5, p. 152; am. 1981, ch. 309, § 5, p. 634; am. 1985, ch. 66, § 1, p. 136; am. 1987, ch. 331, § 4, p. 690; am. and redesig. 1989, ch. 298, § 4, p. 730; am. and redesig. 1993, ch. 247, § 3, p. 859; am. 1999, ch. 75, § 2, p. 212; am. 2006, ch. 225, § 2, p. 669.

§ 22-2404. State powers.

1. The director is authorized to:
   1. Investigate the subject of noxious weeds; and
   2. 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
   3. 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
   4. Advise and confer as to the extent of noxious weed infestations and the methods of control; and
   5. Assist counties in the training of county weed superintendents; and
   6. Call and attend meetings and conferences dealing with the subject of noxious weeds; and
   7. Disseminate information and conduct educational campaigns independently or in cooperation with others; and
   8. 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
   9. Procure materials and equipment; and
   10. 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
   11. Enter on any public or private land at reasonable times for the purpose of carrying out the provisions of this chapter; and
   12. 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
   13. Perform such other acts as may be necessary or appropriate to the administration of the provisions of this chapter; and
   14. 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
   15. 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
   16. Initiate agreements with federal agencies in accordance with applicable federal laws; and
   17. Control noxious weeds on federal land within the state, with or without reimbursement, and with the consent of the federal agency involved; and
   18. 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
   19. Initiate cooperative agreements with other agencies and states for the establishment and support of cooperative weed management areas; and
   20. Aid other weed control agencies or authorities in developing and implementing integrated weed management plans for control of noxious weeds; and
   21. 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
   22. 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 [general fund]; and
   23. 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:
       1. 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;
       2. 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;
       3. 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;
       4. Viable noxious weeds, as determined by the department, are not reintroduced into the environment as a component or result of the biological control research;
       5. 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
       6. 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.
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.

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 [and] plant health inspection service plant protection [and] quarantine [program] (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.

History.

I.C.,§ 22-2404, as added by 1993, ch. 247, § 4, p. 859; am. 1994, ch. 180, § 18, p. 420; am. 1999, ch. 75, § 3, p. 212; am. 2006, ch. 225, § 3, p. 669; am. 2015, ch. 279, § 2, p. 1139.

§ 22-2405. County duties.

1. The county control authority shall:
   1. Carry out the duties and responsibilities vested in the county under this chapter and rules prescribed by the director; and
   2. 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
   3. Designate one (1) of its members as the liaison between the county weed superintendent and the county commissioners; and
   4. Provide operational and educational funds for the county weed superintendent; and
   5. 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.
   6. Make recommendations regarding establishment of cooperative weed management areas; and
   7. 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.
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. 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

History.

I.C.,§ 22-2443A, as added by 1981, ch. 309, § 6, p. 634; am. 1987, ch. 331, § 5, p. 690; am. and redesig. 1989, ch. 298, § 5, p. 730; am. and redesig. 1993, ch. 247, § 6, p. 859; am. 1999, ch. 75, § 4, p. 212; am. 2006, ch. 225, § 4, p. 669.

§ 22-2406. County powers.

1. The county control authority is authorized to:
   1. Have noxious weeds controlled without cost to the landowner, notwithstanding any other provision of this chapter relating to payment of cost; and
   2. 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
   3. 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
   4. 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
   5. 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
   6. 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
   7. 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
   8. 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
   9. 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
   10. 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
   11. 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:
   1. 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
   2. Stipulate items as requiring treatment to prevent dissemination of noxious weeds, in accordance with the applicable regulations. History.

1970, ch. 149, § 14, p. 448; am. 1981, ch. 309, § 14, p. 634; am. 1987, ch. 331, § 13, p. 690; am. 1988, ch. 320, § 1, p. 979; am. and redesig. 1989, ch. 298, § 13, p. 730; am. and redesig. 1993, ch. 247, § 8, p. 859; am. 1996, ch. 208, § 3, p. 658; am. 1996, ch. 322, § 3, p. 1029; am. 1999, ch. 75, § 5, p. 212.

§ 22-2407. Landowner and citizen duties.

1. It shall be the duty and responsibility of all landowners to control noxious weeds on their land and property, in accordance with this chapter and with rules promulgated by the director.
2. The cost of controlling noxious weeds shall be the obligation of the landowner.
3. Noxious weed control must be for prevention, eradication, rehabilitation, control or containment efforts. However, areas may be modified from the eradication requirement if the landowner is a participant in a county-approved weed management plan or county-approved cooperative weed management area.
4. The landowner shall reimburse the county control authority for work done because of failure to comply with a five (5) day notice, as outlined in section 22-2405, Idaho Code.
5. If an article is infested with noxious weeds, it shall not be moved from designated premises until it is treated in accordance with the applicable rules, or in accordance with the written permission of a control authority.

History.

1970, ch. 149, § 2, p. 448; am. 1974, ch. 18, § 62, p. 364; am. 1981, ch. 309, § 3, p. 634; am. 1987, ch. 331, § 2, p. 690; am. and redesig. 1989, ch. 298, § 2, p. 730; am. and redesig. 1993, ch. 247, § 10, p. 859; am. 2006, ch. 225, § 5, p. 669.

§ 22-2408. Landowner and citizen powers.

1. If any person shall be dissatisfied with the amount of any charge made against it by a county control authority for control work or for the purchase of materials or use of equipment, he may, within thirty (30) days after being advised of the amount of the charge, file a protest with the director.
2. If any person shall be dissatisfied with the control measures used or the manner in which control is conducted upon his property, he may, within thirty (30) days file a protest with the director.
3. Any person served with an individual notice may, within two (2) days of receipt of the notice, appeal to the board of county commissioners. A hearing shall be set by the board of county commissioners within five (5) days after receipt of notice of the appeal. Notice of the hearing shall be sent by the board of county commissioners to the appellant.
4. Other than the procedures specifically set out in this chapter, procedures for hearings thereon and appeals pertaining to this chapter shall be as provided in chapter 52, title 67, Idaho Code.

History.

1970, ch. 149, § 13, p. 448; am. 1974, ch. 18, § 67, p. 364; am. 1981, ch. 309, § 13, p. 634; am. 1987, ch. 331, § 12, p. 690; am. and redesig. 1989, ch. 298, § 12, p. 730; am. and redesig. 1993, ch. 247, § 11, p. 859.

§ 22-2409. Penalties for violations.

1. Any person who violates any provision of this chapter, or any rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with the control authority as defined in section 22-2402, Idaho Code, its agents or employees, in the execution, or on account of the execution of their duties under this chapter or rules promulgated hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than three thousand dollars ($3,000) or be imprisoned in a county jail for not more than twelve (12) months or be subject to both such fine and imprisonment.
2. Any person who violates or fails to comply with any provision of this chapter or any rules promulgated hereunder may be assessed a civil penalty by the control authority of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney’s fees.
   1. Assessment of a civil penalty may be made in conjunction with any other administrative action.
   2. 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.
   3. 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.
   4. 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.
   5. All civil penalties collected pursuant to this section shall be remitted to the applicable fund or account as defined in section 22-2402, Idaho Code.
3. Nothing in this chapter shall be construed as requiring the control authority to report minor violations for prosecution when the control authority believes that the public interest will be best served by suitable warnings or other administrative action.
4. The control authority may bring an action to enforce the provisions of this chapter, and the penalty provided for under this section.

History.

1970, ch. 149, § 23, p. 448; am. 1974, ch. 18, § 68, p. 364; am. 1987, ch. 331, § 19, p. 690; am. and redesig. 1989, ch. 298, § 19, p. 730; am. and redesig. 1993, ch. 247, § 12, p. 859; am. 2006, ch. 225, § 6, p. 669.

§ 22-2410. Weed control advisory committees.

1. Control agencies or authorities may appoint persons to a weed control advisory committee, who shall be persons knowledgeable of noxious weeds and the damage done by such weeds. The members of the advisory committee shall be residents of or landowners in one (1) of the counties included in the cooperative weed management area, and shall be appointed for renewable terms of two (2) years.
2. It shall be the function of each weed control advisory committee to:
   1. 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
   2. Act as liaison to other weed control advisory committees; and
   3. Provide a forum for public input on matters relating to the control of noxious weeds.
3. Members of the advisory committee may be reimbursed for actual and necessary expenses when on committee business. Expense payments may be made from the noxious weed fund.
4. Advisory committees have no executive powers and act in an advisory capacity only.

History.

I.C.,§ 22-2455, as added by 1981, ch. 309, § 16, p. 634; am. 1987, ch. 331, § 15, p. 690; am. and redesig. 1989, ch. 298, § 15, p. 730; am. and redesig. 1993, ch. 247, § 13, p. 859; am. 1999, ch. 75, § 6, p. 212.

§ 22-2411. Delegation of authority.

The director of the department of agriculture may delegate in writing its authority, or any part thereof, under this chapter to any instrumentality or entity as an agent and servant of the state whose principal purpose is to establish and maintain a uniform and reasonable system of inspection and certification of crops, plants, plant parts or products thereof. Any agent designated hereunder shall be a servant of the state of Idaho and shall be acting in an official capacity for the state of Idaho and under the supervision of the director consistent with this chapter. The delegated instrumentality or entity as agent and servant of the state shall be an entity of the state of Idaho as provided in the tort claims act, chapter 9, title 6, Idaho Code. The control of noxious aquatic plants in the waters of state responsibility may be carried out under the general supervision of the department, county, local government, special district authority, or other public body.

History.

I.C.,§ 22-2411, as added by 1999, ch. 117, § 1, p. 351; am. 2006, ch. 225, § 7, p. 669.

§ 22-2412. Fees charged by certifying agency.

Fees may be charged by the certifying agency, under schedules set forth in rules of the department for certification of crops, plants, plant parts or products thereof under this chapter, but these fees shall have a reasonable relation to the cost, and may be used only for expenses in connection with inspection and certification and improvement of inspection and certification services.

History.

I.C.,§ 22-2412, as added by 1999, ch. 117, § 1, p. 351.

§ 22-2413. Liability of department limited.

The department shall not be financially responsible for debts incurred, damages inflicted, or contracts broken by the certifying agent in conducting certification work. The certifying agent shall be entitled to all the protections as provided in the tort claims act, chapter 9, title 6, Idaho Code.

History.

I.C.,§ 22-2413, as added by 1999, ch. 117, § 1, p. 351.

§ 22-2501. Public policy.

The Idaho based bee industry has a need for inspections and certification in order to transport bees into other states for pollination; there is a further need to minimize the presence of bee pests and diseases within the state. Therefore, it is declared to be public policy of the state of Idaho to provide a qualified inspection service within the department of agriculture, to issue rules setting fees for such services and to take such action to control pests and diseases of bees as the resources provided under this chapter support.

History.

I.C.,§ 22-2517, as added by 1987, ch. 96, § 2, p. 187; am. and redesig. 2006, ch. 86, § 1, p. 251.

§ 22-2502. Definitions.

The following terms shall be construed respectively when used in this chapter to mean:

1. “Apiary” means any place where one (1) or more colonies of bees are kept, or one (1) or more hives containing honey combs or bee combs are kept.
2. “Bee diseases” means a condition of a colony of bees wherein sufficient numbers of individual bees or the colony as a whole are afflicted by or infested with bacterial, fungal, viral, parasitic, or other organisms to the extent that the well-being of the colony is affected. Specific diseases shall be determined by rule.
3. “Bees” means any stage of common honey bee, Apis mellifera L.
4. “Colony” means the hive and bees therein with or without extra supers.
5. “Comb” means and includes all materials which are normally deposited into hives by bees. It does not include extracted honey or royal jelly, trapped pollen and processed beeswax.
6. “Commercial beekeeper” means a person engaged in the management of honey bees for their products and for pollination services.
7. “Director” means the director of the Idaho department of agriculture or his designated agent.
8. “Equipment” means hives, supers, frames, veils, gloves or any apparatus, tools, machines or other devices used in the handling and manipulation of bees, wax and hives, and shall also include any containers for honey and wax which may be used in any apiary or in transporting bees and their products and apiary supplies.
9. “Exotic strain of bees” means African or Africanized bees (Apis mellifera scutellata) or any other developed strain of bees known to be harmful, but not known to be present ordinarily in this state.
10. “Hive” means frame, hive, box, barrel, log gum, skep, or any other receptacle or container, natural or artificial, or any part thereof, which may be used as a domicile for bees.
11. “Hobbyist beekeeper” means a person engaged in the management of honey bees for pleasure and whose stock does not exceed fifty (50) colonies.
12. “Persons” means individuals, associations, partnerships and corporations.
13. “Queen apiary” means any apiary or premises in which queen bees are reared or kept for sale or gift.

History.

1963, ch. 305, § 2, p. 795; am. 1987, ch. 96, § 3, p. 187; am. 1991, ch. 224, § 1, p. 534; am. 1993, ch. 11, § 1, p. 36; am. 1994, ch. 18, § 1, p. 33; am. and redesig. 2006, ch. 86, § 2, p. 251.

§ 22-2503. Director to conduct apiary inspections — Rules setting fees for requested inspections authorized.

The director shall conduct such apiary inspections as may be required by Idaho beekeepers to transport bees to other jurisdictions. To ensure that the inspections are adequate, the director shall consult with the directors of the Idaho honey association or successor organizations, and with other persons knowledgeable in the science and art of beekeeping. The director shall establish by rule a schedule of fees for inspection work to be paid by the person requesting the inspection.

History.

I.C.,§ 22-2519, as added by 1987, ch. 96, § 5, p. 187; am. and redesig. 2006, ch. 86, § 3, p. 251.

§ 22-2504. Duties of the director in controlling the spread of disease and exotic strain of bees.

When the director shall be notified of the existence in any apiary of a transmissible bee disease or exotic strain of bees, he shall conduct appropriate investigations to the extent that the resources provided by this chapter support. If the investigation establishes the presence of such transmissible disease or exotic strain of bees, the director may order abatement by methods which he shall prescribe. These methods may include destruction of the infested bees or exotic strain of bees and contaminated equipment. Infested colonies or other equipment may not be removed from the premises on which they are found without written permission of the director. The director may, by rule, establish tolerances of regulated bee diseases allowable in apiaries and establish a certification program for beekeepers in order to prevent and control the movement of exotic strains of bees into the state.

History.

I.C.,§ 22-2520, as added by 1987, ch. 96, § 6, p. 187; am. 1993, ch. 11, § 2, p. 36; am. 1994, ch. 18, § 2, p. 33; am. and redesig. 2006, ch. 86, § 4, p. 251.

§ 22-2505. Duty of owner of diseased bees — Penalty.

Any owner or keeper of bees, knowing or being notified by the director of the existence of a bee disease in his apiary, who fails either to comply with the instructions of the director, designed to cure said disease, or to destroy the infected bees, hives or appliances, within the time designated by the director, is guilty of a misdemeanor.

History.

1963, ch. 305, § 7, p. 795; am. 1987, ch. 96, § 8, p. 187; am. and redesig. 2006, ch. 86, § 6, p. 251.

§ 22-2506. Right to inspect — Penalty for resisting.

The director shall have the right to enter the premises of any beekeeper where bees or equipment are kept, and inspect such bees or equipment, and any person resisting or refusing to allow such inspection shall be guilty of a misdemeanor.

History.

1963, ch. 305, § 8, p. 795; am. 1987, ch. 96, § 9, p. 187; am. and redesig. 2006, ch. 86, § 7, p. 251.

§ 22-2507. Chapter construed to permit transportation of bees — Permit.

This chapter shall not be construed to prevent the transportation across the Idaho state line of bees in hives, or bee supplies and equipment, between bee yards owned by, or under the control of a beekeeper registered pursuant to section 22-2510, Idaho Code. Bee colonies in transit through Idaho shall be netted while within the borders of Idaho and no such bees shall be off loaded in Idaho without full compliance of the laws.

History.

1963, ch. 305, § 13, p. 795; am. 1987, ch. 96, § 13, p. 187; am. 1990, ch. 414, § 1, p. 1148; am. and redesig. 2006, ch. 86, § 10, p. 251.

§ 22-2508. Publication of registered beekeepers.

The department shall make available to any pesticide applicator registered with the department, abatement or pest control district, or university of Idaho county agricultural extension office, a list of beekeepers registered with the department. The list shall include the names and telephone numbers of the beekeepers, the counties in which they keep bees, and any other information the department deems necessary to assist in the prevention of accidental poisoning of honeybees.

History.

I.C.,§ 22-2508, as added by 2006, ch. 86, § 12, p. 251; am. 2007, ch. 188, § 13, p. 548.

§ 22-2509. Moneys received paid into “bee inspection special fund.”

All moneys received pursuant to the provisions of this chapter shall be paid to the state treasurer and kept by the state treasurer in a special and separate fund to be known as the “bee inspection special fund.”

History.

1963, ch. 305, § 16, p. 795; am. and redesig. 2006, ch. 86, § 13, p. 251.

§ 22-2510. Registration — Assessment — Collection — Proceeds.

1. There is hereby levied upon each beekeeper maintaining colonies within the state of Idaho, or desiring to move bees into the state, an annual registration fee of ten dollars ($10.00) for up to fifty (50) colonies. Each additional colony in excess of the first fifty (50) colonies shall be assessed at the rate of ten cents (10¢) per colony. Hobbyist beekeepers are exempt from registration under this section.
2. The registration fee assessed for colonies in excess of fifty (50) colonies may be increased to not more than twenty cents (20¢) per hive or colony per year, if approved by a majority of the beekeepers voting in a referendum held for the purpose of determining whether such levy of the registration fee shall or shall not be changed. If the levy of the registration fee is changed, the levy of the registration fee will continue annually at the changed rate until again changed by another referendum. Any resident of Idaho who is registered under this chapter as an Idaho beekeeper with the Idaho department of agriculture may vote at such referendum. Any referendum to be held for the purpose of changing the levy of such registration fee shall be held at the annual meeting of the Idaho honey industry association or any successor organization to this group.
3. Said registration fee shall be a lien upon all apicultural products, equipment, bees and property of the person owning or controlling such bees and shall be prior to all other liens or encumbrances except liens which are declared prior by operation of the statutes of this state.
4. Hives brought into the state for indoor winter storage prior to moving to another state for pollination or honey production are exempt from paying fees as provided for in this section. Provided however, registration shall be required and a minimum of the following information shall be supplied: location of the storage, approximate dates the hive or hives will be brought into and leave the state, name, address and telephone number of the owner of the bees, and name, address and telephone number of an in-state contact who will have knowledge of the hive or hives being stored in the state.

History.

1963, ch. 305, § 20, p. 795; am. 1970, ch. 135, § 2, p. 328; am. 1976, ch. 119, § 1, p. 459; am. 1990, ch. 414, § 2, p. 1148; am. 1991, ch. 224, § 2, p. 534; am. and redesig. 2006, ch. 86, § 14, p. 251; am. 2014, ch. 46, § 1, p. 122.

§ 22-2511. Rules.

It is hereby made the duty of the department of agriculture to make reasonable rules as necessary for or as an aid to the effectuation of any provision of this chapter, and to prepare and cause to be printed suitable forms for the proper administration of this chapter.

History.

1963, ch. 305, § 22, p. 795; am. and redesig. 2006, ch. 86, § 15, p. 251.

§ 22-2512. Penalty for violations.

1. Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in the county jail for not less than three (3) months nor more than twelve (12) months or be subject to both such fine and imprisonment.
2. Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than one hundred dollars ($100) for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected for violation of a rule shall be remitted to the agricultural [agriculture department] inspection account.
3. Any bees, colonies, equipment or hives, imported into this state by a nonresident person, in violation of any provision of this chapter shall be subject to seizure by the department. Any bees, colonies, equipment or hives found on any property without the permission of the landowner or not identified with the owner’s name, address, phone and registration numbers or found to be in violation of this chapter or rules adopted by the department, shall also be subject to seizure by the department. Any bees, colonies, equipment or hives not claimed and brought into compliance with the provisions of this chapter within ninety (90) days from the date of seizure may be sold at public auction by a sealed bid.
4. Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.

History.

1963, ch. 305, § 23, p. 795; am. 1991, ch. 224, § 3, p. 534; am. 1999, ch. 324, § 1, p. 832; am. and redesig. 2006, ch. 86, § 16, p. 251.

§ 22-2513. Review of action of director.

Any individual who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with chapter 52, title 67, Idaho Code. The review may be obtained by filing in the district court within thirty (30) days following the action of the director a written petition praying that such action be set aside. A copy of such petition shall forthwith be delivered to the director and within thirty (30) days thereafter, the director shall certify and file in the district court of the area affected a transcript of any record pertaining thereto, including a transcript of evidence received at any hearing of referendum. The district court shall give notice by United States mail, to the director and to the petitioner or petitioners of the time and place at which the court will hear such petition, at which time any interested party may be heard. Upon completion of the hearing, the court shall affirm, set aside or modify the action of the director, except that the finding of the director as to the facts, if supported by substantial evidence, shall be conclusive.

History.

I.C.,§ 22-2540, as added by 1991, ch. 224, § 4, p. 534; am. 2001, ch. 183, § 2, p. 613; am. and redesig. 2006, ch. 86, § 17, p. 251.

§ 22-2601. Declaration of policy.

In order to promote, foster and encourage the intelligent and orderly marketing of agricultural products through cooperation and to eliminate speculation and waste, and to make the distribution of agricultural products as direct as can be efficiently done between producer and consumer, and to stabilize the marketing problems of agricultural products, this chapter is passed.

History.

1921, ch. 124, § 1, p. 298; I.C.A.,§ 22-2001.

§ 22-2602. Definitions — Short title.

As used in this chapter:

1. a. The term “agricultural products” shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products;
2. b. The term “member” shall include actual members of associations without capital stock and holders of common stock in associations organized with capital stock;
3. c. The term “association” means any corporation organized under this chapter; and
4. d. The term “person” shall include individuals, firms, partnerships, corporations and associations.

Associations organized hereunder shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers.

Any instrument, or interest, which (a) qualifies its holder to be a member or patron of an association, or; (b) represents a patronage refund or other patronage allocation, which is part of a class issuable only to persons who deal in agricultural products or commodities with or obtain services from the association; or (c) represents the terms or conditions by which members or patrons purchase or sell agricultural products or commodities from, to, or through the association, (including any property right or interest in any arrangement to purchase or sell agricultural products, commodities or supplies between the association and its members or patrons) shall not be considered to be a security as used in title 30, chapter 14, Idaho Code, and shall not be subject to the provisions of said chapter.

The foregoing shall apply to any association operating as an agricultural cooperative, which is qualified to do business in the state of Idaho as an agricultural marketing association, and which possesses no greater powers than those provided such an association under this chapter.

This chapter shall be referred to as the “Cooperative Marketing Act.”

History.

1921, ch. 124, § 2, p. 298; I.C.A.,§ 22-2002; am. 1976, ch. 41, § 1, p. 88.

§ 22-2603. Associations — Who may organize.

Five (5) or more persons engaged in the production of agricultural products may form a nonprofit, cooperative association, with or without capital stock, under the provisions of this chapter.

History.

1921, ch. 124, § 3, p. 298; I.C.A.,§ 22-2003.

§ 22-2604. Purposes.

An association may be organized to engage in any activity in connection with the production, marketing or selling of the agricultural products of its members, or with the harvesting, preserving, drying, processing, canning, packing, storing, handling, shipping or utilization thereof, or the manufacturing or marketing of the by-products thereof; or in connection with the purchasing, manufacturing, selling or supplying to its members of machinery, equipment or supplies; or in the financing of the above enumerated activities; or in any one or more of the activities specified herein.

History.

1921, ch. 124, § 4, p. 298; I.C.A.,§ 22-2004; am. 1933, ch. 212, § 1, p. 445.

§ 22-2605. Preliminary investigation.

Every group of persons contemplating the organization of an association under this chapter, is urged to communicate with the department of agriculture, who will inform it whatever a survey of the marketing conditions affecting the commodities to be handled by the proposed association indicates regarding probable success.

History.

1921, ch. 124, § 5, p. 298; I.C.A.,§ 22-2005.

§ 22-2606. Powers.

Each association incorporated under this chapter shall have the following powers:

1. 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.
2. b. To borrow money and to make advances to members.
3. c. To act as the agent or representative of any member or members in any of the above-mentioned activities.
4. 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.
5. e. To establish reserves and to invest the funds thereof in bonds or such other property as may be provided in the bylaws.
6. 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.
7. g. To do each and every thing necessary, suitable or proper for the accomplishment of any one of the purposes or the attainment of any one or more of the objects herein enumerated; or conducive to or expedient for the interest or benefit of the association; and to contract accordingly; and in addition to exercise and possess all powers, rights and privileges necessary or incidental to the purposes, for which the association is organized or to the activities in which it is engaged; and in addition, any other rights, powers and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions of this chapter; and to do any such thing anywhere.

History.

1921, ch. 124, § 6, p. 298; am. 1923, ch. 179, § 1, p. 279; I.C.A.,§ 22-2006; am. 1933, ch. 212, § 2, p. 445.

§ 22-2607. Members.

1. 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.
2. 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.
3. c. One association organized hereunder may become a member or stockholder of any other association or associations, organized hereunder.

History.

1921, ch. 124, § 7, p. 298; I.C.A.,§ 22-2007; am. 1933, ch. 212, § 3, p. 445.

§ 22-2608. Articles of incorporation — Contents — Subscribing and filing.

Each association formed under this chapter must prepare and file articles of incorporation, setting forth:

1. The name of the association.
2. The purpose for which it is formed.
3. The address of its initial registered office and the name of its initial registered agent at such address.
4. The term for which it is to exist, which may be perpetual.
5. If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the articles shall set forth the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and the association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This provision of the articles of incorporation shall not be altered, amended or repealed except by the written consent or the vote of a majority of the members.
6. If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted and the nature and extent of the preference and the privileges granted to each.
7. The names and addresses of the persons who are to serve as directors until the first annual meeting of the members or stockholders or until their successors be elected and qualify.

The articles must be subscribed by the incorporators and shall be filed in accordance with the provisions of the general corporation law of the state; and when so filed the said articles of incorporation, or certified copies thereof, shall be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein, and of the due incorporation of such association.

History.

1921, ch. 124, § 8, p. 298; am. 1929, ch. 246, § 1, p. 501; I.C.A.,§ 22-2008; am. 1980, ch. 76, § 1, p. 158; am. 2004, ch. 106, § 1, p. 380.

§ 22-2609. Articles of incorporation — Amendment.

The articles of incorporation may be altered or amended in any respect, including increases or decreases in capital stock, at any regular meeting or at any special meeting called for that purpose. An amendment must first be approved by two-thirds (2/3) of the directors and then adopted by the affirmative vote of two-thirds (2/3) of the members or stockholders of the association present at such meeting, except as otherwise provided in section 22-2608[, Idaho Code], and provided that a quorum as specified in the by-laws of the association be present. Amendments of the articles of incorporation, when so adopted shall be filed in accordance with the provisions of the general corporation law of this state.

History.

1921, ch. 124, § 9, p. 298; am. 1929, ch. 246, § 2, p. 501; I.C.A.,§ 22-2009.

§ 22-2610. Bylaws — Adoption — Contents — Amendment.

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:

1. a. The time, place and manner of calling and conducting its meetings.
2. b. The number of stockholders or members constituting a quorum.
3. 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.
4. 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.
5. 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.
6. f. Penalties for violations of the bylaws.
7. 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.
8. 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.
9. 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.

History.

1921, ch. 124, § 10, p. 298; am. 1929, ch. 246, § 3, p. 501; I.C.A.,§ 22-2010; am. 1986, ch. 4, § 1, p. 41; am. 1991, ch. 163, § 1, p. 390.

§ 22-2611. General and special meetings — How called.

In its bylaws each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time, and ten per cent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting: provided, however, that the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.

History.

1921, ch. 124, § 11, p. 298; I.C.A.,§ 22-2011.

§ 22-2612. Directors — Election — Appointment — Remuneration — Prohibited contracts — Vacancies.

The affairs of the association shall be managed by a board of not less than five (5) directors, elected by the members or stockholders from their own number. The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to such districts. In such a case the bylaws shall specify the number of directors to be elected by each district, the manner and method of reapportioning the directors and of redistricting the territory covered by the association. The bylaws may provide that primary elections should be held in each district to elect the directors apportioned to such districts and the result of all such primary elections must be ratified by the next regular meeting of the association.

The bylaws may provide that one or more directors may be appointed by the department of agriculture or any other public official or commission. The director or directors so appointed need not be members or stockholders of the association, but shall have the same powers and rights as other directors.

An association may provide a fair remuneration for the time actually spent by its officers and directors in its service. No director, during the term of his office, shall be a party to a contract for a profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association, or to any other kind of contract differing from terms generally current in that district.

When a vacancy on the board of directors occurs, other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for an election of directors by district. [In] such a case the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.

History.

1921, ch. 124, § 12, p. 298; I.C.A.,§ 22-2012.

§ 22-2613. Election of officers.

The directors shall elect from their number a president and one (1) vice-president. They shall, also, elect a secretary and treasurer, who need not be directors, and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer. The treasurer may be a bank or any depositary, and as such shall not be considered as an officer but as a function of the board of directors. In such case the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as authorized by the board of directors. They shall also elect such additional vice-presidents and other officers as may be provided for in the bylaws of the association, and such additional vice-presidents or other officers need not be directors or members of the association.

History.

1921, ch. 124, § 13, p. 298; am. 1929, ch. 246, § 4, p. 501; I.C.A.,§ 22-2013.

§ 22-2614. Stock — Membership certificates — When issued — Voting — Liability — Limitations on transfer and ownership.

1. When a member of an association established without capital stock, has paid his membership fee in full, he shall receive a certificate of membership.
2. No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the members’ right to vote.
3. Except for debts lawfully contracted between him and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee or his subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof.
4. No stockholder of a cooperative association shall own more than one-twentieth (½0) 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:
   1. Operate for the mutual benefit of the members thereof, as producers;
   2. Not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members; and
   3. Conform to one (1) or both of the following:
      1. 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
      2. That the association does not pay dividends on stock or membership capital in excess of eight percent (8%) per annum.
8. The association may, at any time, except when the debts of the association exceed fifty per cent (50%) of the assets thereof, buy in or purchase its common stock at book value thereof as conclusively determined by the board of directors and pay for it in cash within one (1) year thereafter.

History.

1921, ch. 124, § 14, p. 298; I.C.A.,§ 22-2014; am. 2019, ch. 49, § 1, p. 134.

§ 22-2615. Removal of officer or director.

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.

History.

1921, ch. 124, § 15, p. 298; I.C.A.,§ 22-2015.

§ 22-2616. Referendum.

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.

History.

1921, ch. 124, § 16, p. 298; I.C.A.,§ 22-2016.

§ 22-2617. Marketing contract.

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.

History.

1921, ch. 124, § 17, p. 298; I.C.A.,§ 22-2017; am. 2019, ch. 49, § 2, p. 134.

§ 22-2618. Purchasing business of other associations, persons, firms or corporations — Payment — Stock issued.

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.

History.

1921, ch. 124, § 18, p. 299; I.C.A.,§ 22-2018.

§ 22-2619. Annual reports. [Repealed.]

§ 22-2620. Conflicting laws not to apply.

Any provisions of law which are in conflict with this chapter shall not be construed as applying to the associations herein provided for.

History.

1921, ch. 124, § 20, p. 298; I.C.A.,§ 22-2020.

§ 22-2621. Interest in other corporations or associations.

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.

History.

1921, ch. 124, § 21, p. 298; I.C.A.,§ 22-2021.

§ 22-2622. Contracts and agreements with other associations.

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.

History.

1921, ch. 124, § 22, p. 298; I.C.A.,§ 22-2022.

§ 22-2622A. Consolidation and merger agreements — Voting requirements.

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 [member’s] shares or other interests shall be transferred to and invested in the surviving or new corporation without further act or deed.

History.

I.C.,§ 22-2622A, as added by 1963, ch. 42, § 1, p. 191.

§ 22-2623. Association heretofore organized may adopt provisions of chapter.

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 [secretary of state], 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[, Idaho Code], 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.

History.

1921, ch. 124, § 23, p. 298; I.C.A.,§ 22-2023.

§ 22-2624. Inducing breach of marketing contract — Spreading false reports about finances or management — Penalties.

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.

History.

1921, ch. 124, § 24, p. 298; I.C.A.,§ 22-2024.

§ 22-2625. Separability.

If any section of this chapter shall be declared unconstitutional for any reason, the remainder of the chapter shall not be affected thereby.

History.

1921, ch. 124, § 25, p. 298; I.C.A.,§ 22-2025.

§ 22-2626. Application of general corporation laws.

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.

History.

1921, ch. 124, § 26, p. 298; I.C.A.,§ 22-2026; am. 1978, ch. 308, § 1, p. 771.

§ 22-2627. Classification of directors.

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.

History.

I.C.,§ 22-2627, as added by 1980, ch. 127, § 1, p. 285.

§ 22-2628. Filing fees. [Repealed.]

§ 22-2701, 22-2702. Legislative intent — Definitions. [Null and Void.]

§ 22-2703 — 22-2713. Soil Conservation Districts Law of 1939. [Repealed.]

§ 22-2714. Payments of federal aid to various counties by state controller.

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 [33 U.S.C. § 701c-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.

History.

1953, ch. 157, § 1, p. 252; am. 1994, ch. 180, § 19, p. 420.

§ 22-2715. Short title.

This act may be known and cited as the soil conservation district law.

History.

1957, ch. 218, § 1, p. 476.

§ 22-2716. Legislative determination and declaration of policy.

1. It is the determination of the state of Idaho that:
   1. 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;
   2. 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;
   3. 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
   4. 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:
   1. To emphasize nonregulatory, science-based technical assistance, incentive-based financial programs and informational and educational programs at the local level;
   2. To maintain, preserve, conserve and rehabilitate forest lands, rangelands and agricultural lands to assure the protection and productivity of the state’s natural resources;
   3. 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;
   4. 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;
   5. 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
   6. 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:
   1. 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;
   2. 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;
   3. 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;
   4. 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
   5. 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.

History.

I.C.,§ 22-2716, as added by 2003, ch. 107, § 2, p. 334; am. 2010, ch. 279, § 1, p. 719.

§ 22-2717. Definitions.

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. “Idaho OnePlan” means a computer-based system for improving efficiency and effectiveness of natural resource planning by landowners and land users.
13. “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. (14) “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.

(15) “Natural resources conservation service” or “NRCS” means the agency governed by the provisions of 16 U.S.C. sections 590a through 590d and 590f.

(16) “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.

(17) “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.

(18) “Petition” means a petition filed under the provisions of subsection (1) of section 22-2719, Idaho Code, for the creation of a district.

(19) “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.

(20) “Qualified elector” means any person who is qualified to vote pursuant to the requirements of section 34-104, Idaho Code.

(21) “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.

(22) “Specifications” means the materials, operations and procedures necessary to obtain the desired standards of construction and installation.

(23) “Standards” means the minimum limits of technical excellence of a component practice for its planning, design and construction.

(24) “State” means the state of Idaho.

(25) “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.

(26) “Total maximum daily load” is as defined in section 39-3602, Idaho Code.

(27) “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.

History.

1957, ch. 218, § 3, p. 476; am. 1982, ch. 254, § 1, p. 646; am. 1995, ch. 118, § 7, p. 417; am. 1997, ch. 180, § 2, p. 498; am. 2000, ch. 160, § 2, p. 404; am. 2003, ch. 107, § 3, p. 334; am. 2010, ch. 279, § 2, p. 719.

§ 22-2718. Idaho state soil and water conservation commission.

1. There is hereby established and created in the department of agriculture 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. The commission shall consist of five (5) members appointed by the governor. In appointing commission members, the governor shall give consideration to geographic representation. Commission members shall be chosen with due regard to their demonstrated expertise including, but not limited to, knowledge of and interest in water quality and other natural resource issues, production agriculture, banking or other similar financial experience or experience as a county commissioner. The soil and water conservation districts may submit to the governor a list of up to three (3) names for each vacancy on the commission and the governor may, in his discretion, consider any such submission in the appointment of commission members. The term of office of each commission member shall be five (5) years; except that upon July 1, 2010, the governor shall appoint one (1) member for a term of one (1) year, one (1) member for a term of two (2) years, one (1) member for a term of three (3) years, one (1) member for a term of four (4) years and one (1) member for a term of five (5) years. From and after the initial appointment the governor shall appoint a member of the commission to serve in office for a term of five (5) years commencing upon July 1 of that year. A vacancy which occurs in an unexpired term shall be filled for its remainder by the governor’s appointment. Each vacancy on the commission shall be filled by appointment by the governor. Such 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, a representative from a district or districts and the dean of the college of agriculture of the university of Idaho or his designated representative, or any other person or entity as 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:
   1. 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.
   2. 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.
   3. To coordinate the progress of the several soil conservation districts so far as this may be done by advice and consultation.
   4. 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.
   5. To disseminate information throughout the state concerning the activities and programs of the soil conservation districts in areas where their organization is desirable.
   6. To provide for the establishment and encouragement of the “Idaho OnePlan” as a primary computer-based conservation planning process for all natural resource concerns. Establishment and encouragement will be accomplished through an executive group and steering committee both containing private, state and federal representation. The information provided by those using the “Idaho OnePlan” shall be deemed to be trade secrets, production records or other proprietary information and shall be kept confidential and shall be exempt from disclosure pursuant to section 74-107, Idaho Code.
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:
   1. 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;
   2. 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;
   3. 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;
   4. 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
   5. The commission shall promulgate such rules as are necessary to carry out the purposes of this chapter.

History.

1957, ch. 218, § 4, p. 476; am. 1967, ch. 28, § 1, p. 48; am. 1971, ch. 100, § 1, p. 215; am. 1974, ch. 17, § 2, p. 308; am. 1980, ch. 247, § 10, p. 582; am. 1989, ch. 109, § 1, p. 250; am. 1997, ch. 180, § 3, p. 498; am. 2000, ch. 160, § 3, p. 404; am. 2003, ch. 107, § 4, p. 334; am. 2010, ch. 279, § 3, p. 719; am. 2015, ch. 141, § 33, p. 379; am. 2017, ch. 130, § 1, p. 304.

§ 22-2719. Creation of soil conservation districts.

1. Any twenty-five (25) owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the state soil and water conservation commission asking that a soil conservation district be organized to function in the territory described in the petition. Such petition shall set forth:
   1. The proposed name of said district;
   2. That there is need, in the interest of the public health, safety and welfare, for a soil conservation district to function in the territory described in the petition;
   3. A description of the territory proposed to be organized as a district, which description shall not be required to be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate;
   4. A request that the state soil and water conservation commission duly define the boundaries for such district; that a referendum be held within the territory so defined on the question of the creation of a soil conservation district in such territory; and that the commission determine that such a district be created.
2. Within thirty (30) days after such petition has been filed with the state soil and water conservation commission, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this chapter, and upon all questions relevant to such inquiries. All owners of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all other interested parties, shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given the hearing shall be adjourned and the due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing held. After such hearing, if the commission shall determine upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need in the interest of the public health, safety and welfare, for a soil conservation district to function in the territory considered at the hearing, it shall make and record such determination, and shall define by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries, the commission shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to the existing watersheds and agricultural regions, and to other soil conservation districts already organized or proposed for organization under the provisions of this chapter, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislature determinations set forth in section 22-2716, Idaho Code. The territory to be included within such boundaries need not be contiguous. If the commission determines after such hearing, after due consideration of the said relevant facts, that there is no need for a soil conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six (6) months shall have expired from the date of the denial of such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon.
3. After the commission has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil conservation districts in this chapter is administratively practicable and feasible. To assist the commission in the determination of such administrative practicability and feasibility, it shall be the duty of the commission, at the next election held after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof, to hold a referendum, subject to the provisions of section 34-106, Idaho Code, within the proposed district upon the proposition of the creation of the district, and to cause notice of such election to be given as provided in section 34-1406, Idaho Code. The question shall be submitted by ballots upon which the words “For creation of a soil conservation district of the lands below described and lying in the county(ies) of .... and ....” and “Against creation of a soil conservation district of the lands below described and lying in the county(ies) of .... and ....” shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the commission. All qualified electors who own lands or reside within the proposed district shall be eligible to vote in said referendum.
4. The commission shall pay all expenses for the issuance of such notice and the conduct of such hearings and election and shall supervise the conduct of such hearings and election. It shall issue appropriate regulations governing the conduct of such hearings and election. No informalities in the conduct of the election or in any matter 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.
5. The commission shall publish the result of the election and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the commission determines that the operation of such district is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereinafter provided. In making such determination the commission shall give due regard and weight to the attitudes of the owners of lands lying within the defined boundaries, the number of landowners and qualified electors eligible to vote in the election who shall have voted, the proportion of the votes cast in the election in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners of the proposed district, the probable expense of carrying on erosion control and other conservation operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determination set forth in section 22-2716, Idaho Code; provided however, the commission shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the election upon the proposition of creation of the district shall have been cast in favor of the creation of such district. (6) If the commission determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two (2) supervisors to act, with the three (3) supervisors elected as provided hereinafter, as the governing body of the district. Such district shall be a governmental subdivision of this state and a public body corporate and politic, upon the taking of the following proceedings:
   1. The two (2) appointed supervisors shall present to the secretary of state an application signed by them which shall set forth (and such application need contain no detail other than the mere recitals): (i) that a petition for the creation of the district was filed with the state soil and water conservation commission pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter; and that the commission has appointed them as supervisors; (ii) the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office; (iii) the term of office of each of the supervisors; (iv) the name which is proposed for the district; and (v) the location of the principal office of the supervisors of the district. The application shall be subscribed and sworn to by each of the said supervisors before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the supervisors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officer’s presence.
   2. The application shall be accompanied by a statement by the state soil and water conservation commission, which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued and hearing held as aforesaid; that the commission did duly determine that there is need, in the interest of the public health, safety and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and an election held on the question of the creation of such district, and that the result of the election showed a sixty percent (60%) majority of the votes cast in the election to be in favor of the creation of the district; that thereafter the commission did duly determine that the operation of the proposed district is administratively practicable and feasible. The said statement shall set forth the boundaries of the district as they have been defined by the commission.
   3. The secretary of state shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil conservation district of this state or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and shall record them in an appropriate book of record in his office.
   4. If the secretary of state finds that the name proposed for the district is identical with that of any other soil conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the state soil and water conservation commission which shall thereupon submit to the secretary of state a new name for the said district, which shall not be subject to such defects. Upon receipt of such new name free of such defects, the secretary of state shall record the application and statement with the name so modified, in an appropriate book of record in his office. When the application and statement have been made, filed and recorded, as herein provided, the district shall constitute a governmental subdivision of this state and a public body corporate and politic. The secretary of state shall make and issue to the said supervisors a certificate under the seal of the state, of the due organization of the said district, and shall record such certificate with the application and statement. The boundaries of such district shall include the territory as determined by the state soil and water conservation commission as aforesaid, but in no event shall they include any area included within the boundaries of another soil conservation district organized under the provisions of this chapter except as provided in section 22-2720, Idaho Code. (7) After six (6) months shall have expired from the date of entry of a determination by the state soil and water conservation commission that operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed as aforesaid, and action taken thereon in accordance with the provisions of this chapter.

Where more than one (1) petition is filed covering parts of the same territory, the state soil and water conservation commission may consolidate all of any such petitions.

(8) Petitions for including additional territory within an existing district may be filed with the state soil and water conservation commission and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The commission shall prescribe the form for such petitions, which shall be as nearly as may be in the form prescribed in this chapter for petitions to organize a district. Where the total number of landowners in the area proposed for inclusion is less than twenty-five (25), the petition may be filed when signed by a two-thirds (2/3) majority of the owners of such area, and in such case no election need be held. In elections upon petitions for such inclusion, all owners of land and qualified electors lying within the proposed additional area shall be eligible to vote.

(9) Incorporated cities, not already included within a district, may be included by presentation of a request of the district approved by the governing body along with a request of the city approved by the mayor and council, to the state soil and water conservation commission. The commission shall consider and act on such joint request at the earliest convenience. If the joint request is denied, the commission shall so notify the district and city in writing and state the reasons for such denial. After six (6) months shall have expired from the date of denial of such joint request, a subsequent joint request may again be made. If the joint request is approved, the commission shall then cause the necessary papers to be filed with the secretary of state. This shall include an amended legal description of the boundaries of the total district.

History.

1957, ch. 218, § 5, p. 476; am. 1973, ch. 164, § 1, p. 310; am. 1995, ch. 118, § 8, p. 417; am. 2010, ch. 279, § 4, p. 719.

§ 22-2720. Consolidation of or deletion from and addition to new or existing districts.

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:
   1. Whether or not, in the opinion of the commission, the proposal set forth by the petition would serve the public health, safety and welfare.
   2. 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:
   1. The name of the district or districts which are consolidated, if any;
   2. The name of the district or districts from which the territory is deleted or added, if any; and
   3. 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.

History.

1957, ch. 218, § 6, p. 476; am. 2010, ch. 279, § 5, p. 719.

§ 22-2721. Election, appointment, qualifications and tenure of supervisors.

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, they may request permission from the state soil and water conservation commission to increase the number of supervisors to seven (7). Upon receipt of such a request in writing, signed by all five (5) supervisors, stating a valid reason for such need, the commission shall grant permission. 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 which will be required of them in the performance of their duties. 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 shall 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 even-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, and 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. A supervisor shall hold office until a qualified successor has been elected or appointed. 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. The soil conservation district shall issue a certificate of such appointment.
6. A majority of the supervisors shall constitute a quorum 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 who shall be entrusted with funds or property; they 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 which may affect the property, water supply, or other interests of such municipality or county.

History.

1957, ch. 218, § 7, p. 476; am. 1963, ch. 30, § 1, p. 171; am. 1973, ch. 59, § 1, p. 97; am. 1978, ch. 280, § 1, p. 679; am. 1986, ch. 179, § 1, p. 469; am. 1990, ch. 3, § 1, p. 4; am. 1995, ch. 118, § 9, p. 417; am. 1995, ch. 256, § 1, p. 837; am. 1997, ch. 180, § 4, p. 498; am. 1999, ch. 78, § 1, p. 222; am. 2000, ch. 4, § 2, p. 5; am. 2008, ch. 383, § 1, p. 1053; am. 2009, ch. 341, § 4, p. 993; am. 2010, ch. 279, § 7, p. 719; am. 2011, ch. 11, § 2, p. 24; am. 2012, ch. 211, § 1, p. 571.

§ 22-2722. Powers of districts and supervisors.

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.

History.

1957, ch. 218, § 8, p. 476; am. 2003, ch. 107, § 5, p. 334.

§ 22-2723. Cooperation between districts.

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.

History.

1957, ch. 218, § 9, p. 476; am. 2010, ch. 279, § 8, p. 719.

§ 22-2724. State agencies to cooperate.

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.

History.

1957, ch. 218, § 10, p. 476; am. 2010, ch. 279, § 9, p. 719.

§ 22-2725. Discontinuance of districts.

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.

History.

1957, ch. 218, § 11, p. 476; am. 1995, ch. 118, § 10, p. 417; am. 2009, ch. 341, § 5, p. 993; am. 2010, ch. 279, § 11, p. 719.

§ 22-2726. Funds or assistance provided by county from county general fund.

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, section 22-2719, 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.

History.

1963, ch. 14, § 1, p. 149; am. 1969, ch. 217, § 1, p. 711; am. 1976, ch. 17, § 1, p. 48; am. 1984, ch. 16, § 1, p. 18; am. 1990, ch. 358, § 1, p. 967.

§ 22-2727. Allocation of funds to districts.

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.

History.

I.C.,§ 22-2727, as added by 1969, ch. 217, § 2, p. 711; am. 1984, ch. 16, § 2, p. 18; am. 1990, ch. 358, § 2, p. 967; am. 1991, ch. 80, § 1, p. 181; am. 2010, ch. 279, § 12, p. 719.

§ 22-2728, 22-2729. [Repealed.]

§ 22-2730. Resource conservation and rangeland development fund created.

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.

History.

I.C.,§ 22-2730, as added by 1985, ch. 116, § 1, p. 239; am. 1992, ch. 270, § 4, p. 836; am. 1999, ch. 137, § 3, p. 386; am. 2003, ch. 107, § 7, p. 334; am. 2010, ch. 279, § 13, p. 719.

§ 22-2731. Allocation of fund.

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.

History.

I.C.,§ 22-2731, as added by 1985, ch. 116, § 1, p. 239; am. 1992, ch. 270, § 5, p. 836; am. 1999, ch. 137, § 4, p. 386; am. 2003, ch. 107, § 8, p. 334; am. 2010, ch. 279, § 14, p. 719.

§ 22-2732. Loans from fund — Application — Approval — Repayment.

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:
   1. Describe the nature and purposes of the improvements or projects;
   2. 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;
   3. 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;
   4. Show that the applicant holds or can acquire title to all lands or has necessary easements and rights-of-way for the improvements; and
   5. 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:
   1. The applicant is qualified and responsible;
   2. There is reasonable assurance that the borrower can repay the loan; and
   3. 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.

History.

I.C.,§ 22-2732, as added by 1985, ch. 116, § 1, p. 239; am. 1992, ch. 270, § 6, p. 836; am. 1999, ch. 62, § 1, p. 164; am. 1999, ch. 137, § 5, p. 386; am. 2010, ch. 279, § 15, p. 719.

§ 22-2733. Grants from state soil and water conservation commission general fund — Application — Approval — Grant agreement.

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:
   1. Describe the nature and purpose of the improvements or conservation plan implementation project;
   2. 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;
   3. 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
   4. 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:
   1. The applicant or participant is qualified and responsible;
   2. The improvement, project or conservation plan demonstrates public benefits; and
   3. 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.

History.

I.C.,§ 22-2733, as added by 1992, ch. 270, § 7, p. 839; am. 1999, ch. 137, § 6, p. 386; am. 2003, ch. 107, § 9, p. 334; am. 2010, ch. 279, § 16, p. 719.

§ 22-2734. Cost-share from state soil and water conservation commission general fund — Application — Approval.

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:
   1. Describe the nature and purposes of the improvements and projects requiring cost-sharing;
   2. 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;
   3. 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
   4. 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 f