Title 22 — AGRICULTURE AND HORTICULTURE

22-3101. Short title. This act shall be known as the Hop Industry Act.

22-3102. Declaration of policy and purpose of act. It is hereby declared, as a matter of legislative determination, that economic waste is being fostered in the hop industry of the state of Idaho by the lack of proper advertising and dissemination of information necessary for the…

22-3103. Definitions. Wherever used or referred to in this act: 1. The term "commission" means the Idaho hop grower’s commission. 2. The term "person" means individual, partnership, corporation, association, growers or any other business unit. 3. The term "hops" means all hops gr…

22-3104. Idaho hop grower’s commission created — Qualifications. There is hereby created and established within the department of agriculture an Idaho hop grower’s commission to be known and designated as such which shall be composed of five (5) practical growers, elected as prov…

22-3105. Powers and duties of commission. The powers and duties of the commission shall include the following: 1. To administer and enforce this act. 2. To contract in the name of the commission and be contracted with. 3. To employ and at pleasure discharge a secretary, advertisi…

22-3105A. promotion of beer made with Idaho-grown hops. (1) In addition to the powers and duties set forth in section 22-3105, Idaho Code, the commission shall have but is not limited to the following powers to promote beer made with Idaho-grown hops: (a) To host, sponsor, or par…

22-3106. Markings required. In addition to any other brands, labels, stencils, or other marks approved by the commission to be placed upon hops, all hops shall be branded, labeled, stenciled or marked with one (1) identifying distinctive mark defined or designated by the commissi…

22-3107. Hop assessment levy. (1) There is hereby levied an initial assessment of twenty (20) cents per bale on each bale of hops handled in the primary channels of trade. (2) In addition to such initial assessment, there is hereby levied an additional assessment of not exceeding…

22-3108. Payment of assessment. All assessments levied and imposed under and pursuant to the provisions of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the hops are first handled in the primary channels of trade.

22-3109. Assessment return. Every grower and dealer shall at such times as the commission may by rule or regulation prescribed, file with the commission a return under oath on forms to be prescribed by and furnished by the commission, stating the number of bales handled in the pr…

22-3110. Penalty for assessment defaults. Any grower or dealer who fails to make collection or to file return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five per cent (5%) of the amount of the assess…

22-3111. Enforcement of act. The commission shall have the power by its duly authorized agent or representative to enter upon the premises of any grower or dealer to examine any books, papers, records or memorandum bearing on the amount of assessments or license fees payable and …

22-3112. Disposition of receipts — Use of moneys by commission — Transfer of fund. 1. As soon as possible after receipt, all moneys received by the commission from the assessment levied under section 22-3107, Idaho Code, and all other moneys received by the commission shall be de…

22-3113. Election of commission members by growers — Procedures for said elections — Vacancy. 1. The members of the commission shall be elected by secret mail ballot under the supervision of the director of the department of agriculture. Members of the commission shall be elected…

22-3114. Dealer’s license required — Application — Fees — Surety bond — Revocation of license — Forfeiture of bond. No person shall act as dealer in hops without having obtained a license as provided in this act. Every person acting as a dealer shall file a written application wi…

22-3115. Penalty for violation. Every person who shall violate or aid in the violation of any of the provisions of this act or any of the rules, regulations or orders of the commission adopted pursuant to the authority conferred by this act, upon conviction thereof, shall be puni…

22-3116. Referendum on continuance of commission — Procedures. After five (5) years from the date the commission was created, a referendum may be held at the petition of the growers or at the request of the commission. The question shall be submitted by secret mail ballots upon w…

22-3117. Winding up of commission’s affairs if vote is in favor of discontinuance. If the vote at the referendum provided in section 22-3114, Idaho Code, is in favor of discontinuation, the commission shall as rapidly as possible terminate its activities, convert its assets to ca…