Title 22 — AGRICULTURE AND HORTICULTURE

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…

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 prio…

22-1203. Executive office. The executive office of said commission is hereby established in Ada county.

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…

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 taxe…

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…

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 it…

22-1208. Commodity facts and benefits — Promotion. The commission is authorized and directed to disseminate information: (a) Relating to potatoes and the importance thereof in preserving the public health, the economy thereof in the diet of the people and the importance thereof i…

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 Cod…

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…

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 …

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¢) shall be continued. An eligible gro…

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 shal…

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 author…

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 a…

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.