Title 22 — AGRICULTURE AND HORTICULTURE

22-3401. Definitions. When used in this act: (1) "Adulterated" means a pesticide is adulterated for the purpose of this act if the strength or purity of the pesticide is below the purported or professed standard of quality as expressed in its labeling, or any substance has been s…

22-3402. Registration — Labels — Information required — Fees. (1) Any pesticide which is distributed within this state shall be registered with the department, and such registration shall be renewed annually. (2) The registrant shall file with the department a statement including…

22-3403. Experimental permits. Provided that the state is authorized by the Administrator of EPA to issue experimental permits and subject to the terms and conditions of such authorization, the director may: (1) Issue an experimental permit to any person applying for an experimen…

22-3404. Pesticide and chemigation applicators — Classification licensing requirements. (1) The director may classify pesticide applicator licenses issued under this act. Such classifications may include but are not limited to professional applicators, private applicators, and ch…

22-3406. Pesticide dealers. No person shall act as a pesticide dealer without first obtaining a pesticide dealer’s license issued by the department. (1) Licensing: (a) Application for a pesticide dealer’s license shall be on a form prescribed by the department and shall be accomp…

22-3406A. Responsibilities of chemical suppliers. Any person who supplies or sells at retail a chemical and who knows or has reason to know that the chemical will be applied by chemigation shall sell chemicals only to licensed chemigation applicators.

22-3406B. Chemigator responsibilities. The chemigator shall be responsible for assuring that the irrigation system and chemigation equipment functions properly.

22-3407. Requalification. The director may renew any applicant’s license or permit issued under the provisions of this act provided the applicant has met the requirements imposed by the director to ensure that the applicant continues to meet the requirements of changing technolog…

22-3407A. Use of irrigation system for chemigation — Compliance with standards and requirements. Any person who utilizes an irrigation system for chemigation shall comply with any standards and requirements which are established pursuant to section 22-3421, Idaho Code, and shall …

22-3407B. Department to compile list. The department shall compile a list of the types of chemigation systems or portions thereof which may be used by persons to apply chemicals through an irrigation system in accordance with the rules promulgated under section 22-3421, Idaho Cod…

22-3408. Stop sale, use or removal order and chemigation stop work order. (1) The department may issue and enforce a written stop sale, use or removal order to the owner or custodian of any pesticide or device to hold such pesticide or device at a designated place when the depart…

22-3409. Denial, suspension, or revocation of a license or permit. The director is authorized subsequent to a hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, to deny, suspend, revoke or modify any license or permit provided for in this act in any ca…

22-3410. Reciprocity. The director may at his discretion issue a license or permit without examination to a nonresident who is licensed or certified in another jurisdiction where the requirements are substantially in accordance with the provisions of this act.

22-3411. Change of address or place of business. Any person who has been issued a license or permit under the provisions of this act shall immediately notify the department in writing when he changes his address or place of business.

22-3412. Delegation of duties. All authority vested in the director by virtue of the provisions of this act may with like force and effect be executed by designated employees of the department of agriculture as the director may from time to time designate for said purpose.

22-3413. Container disposal. Partially full or empty pesticide containers shall be disposed of as prescribed by the Idaho department of environmental quality and in accordance with federal regulations.

22-3414. Inspection. (1) For the purpose of carrying out the provisions of this act the director may enter on any public or private premises at reasonable times in order to have access for the purpose of observing the use and application of pesticides, inspecting records that are…

22-3415. Fees collected — Disposition. All fees collected under the provisions of this act shall be deposited with the state treasurer and be credited to the pesticide fund of the department of agriculture to be used only for carrying out the provisions of this act.

22-3416. Cooperation with other agencies. The director is authorized to cooperate with and enter into agreements with any other state or federal agency in order to carry out the provisions of this act and to assure uniformity of rules and regulations.

22-3417. Damage claims. (1) Any individual suffering loss or damage resulting from the use or application by others of any pesticide must file with the department a written report of loss which contains but is not limited to the following information: (a) The name and address of …

22-3417A. Liability limited. There shall be no liability on the part of and no action for damages against any aerial pesticide applicator for the noise of application in the vicinity of a ratite farm if the applicator notifies the owner of the ratites not less than twenty-four (2…

22-3417B. FALSE REPORT OF DAMAGE CLAIM. Any person who intentionally and willfully makes a damage claim to a law enforcement agency or the Idaho state department of agriculture knowing such report to be false shall be guilty of a misdemeanor.

22-3418. Restricted pesticide use. (1) The director may by rule restrict or prohibit the use of pesticides if he finds that the labeled use of such pesticides requires the rules restricting their use are necessary to prevent injury to land, people, animals, crops or the environme…

22-3419. Procedure for establishing a restricted area. (1) The director may upon his own initiative, or upon the petition of a number of owners, lessees or operators of land in an area within a county or two (2) or more contiguous counties in the state may, if it is deemed necess…

22-3420. Prohibited acts. No person shall: (1) Use a pesticide in a manner inconsistent with its labeling except as provided for by rule. (2) Make pesticide recommendations in a manner inconsistent with its labeling except as provided for by rule. (3) Make false or misleading cla…

22-3421. Adoption and scope of rules. (1) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this act including, but not limited to, rules providing for: (a) The collection and examination of samples of pesticides or devices; and …

22-3422. Penalties for operating without license. Any person operating as a professional or private applicator or dealer without a license shall forfeit to the state for each day’s operation one hundred dollars ($100) as a civil penalty and such operation may be enjoined upon com…

22-3423. Penalty for violations. (1) Any person who shall forge, alter, counterfeit, simulate or falsely represent, or who shall without proper authority use any license issued by the director under this act, or who shall violate or fail to comply with any provisions of this act …

22-3424. Review of action of director. Any person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the provisions of the administrative proc…

22-3425. Severability. If any clause, sentence, paragraph, or part of this act shall, for any reason, be adjudged by a competent court of jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operatio…

22-3426. Uniformity of state pesticide rule. Notwithstanding any other provision of law to the contrary, no city, county, taxing district or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, resolution or statute regardin…