Title 22 — AGRICULTURE AND HORTICULTURE

22-5101. Short title of act. This act shall be known as the "Seed Indemnity Fund Law."

22-5102. Definitions. As used in this chapter: (1) "Contract" means an agreement which may include, but is not limited to, those contracts commonly referred to as production, credit sale, bailment, deferred payment, deferred or price later contracts. (2) "Delivery voucher" means …

22-5103. Licenses. (1) Prior to beginning operation, a person intending to operate as a seed buyer shall first procure a license from the department. Each license issued pursuant to this chapter shall be issued for a period of one (1) year and the license or legible copy thereof …

22-5104. Bonds — Irrevocable letters of credit — Certificates of deposit — Single bond. Every person applying for a license shall execute and file with the department a good and sufficient bond issued by an insurer authorized to transact such insurance in this state. The bond sha…

22-5105. Amount of bond — Notice of cancellation. The amount of bond to be furnished for each seed buyer will be fixed at whichever of the following amounts is greater: (1) The combined total seed buyer indebtedness paid and owed to producers for seed crop stored for withdrawal o…

22-5106. Action by producer injured. Any producer injured by the breach of any financial obligation for which a bond, irrevocable letter of credit or certificate of deposit is written under this chapter, must petition the director to make demand upon the seed buyer, the certifica…

22-5107. Fees. (1) The department shall assess and collect a fee of one hundred dollars ($100) for each inspection of a licensee, which is done for the purpose of amending a seed buyer license. (2) The department may assess and collect a fee of two hundred fifty dollars ($250) pe…

22-5108. Receipts — Scale weight tickets. Warehouse receipts or scale weight tickets shall be issued by the seed buyer to the producer: (1) At the time of deposit for storage for withdrawal of the seed crop; or (2) At the time of transfer of the seed crop.

22-5109. Maintenance of records — Examination of records — Authorization to copy. The seed buyer shall maintain current and complete records at all times with respect to all seed crops handled, deposited, shipped or merchandised by it, including seed crops owned by it. Such recor…

22-5110. Violations — Penalties — Discretion of director to handle administratively. (1) Any person who violates any provision of this chapter or the rules promulgated hereunder, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the director or his …

22-5111. Suspension or revocation of license. Pursuant to chapter 52, title 67, Idaho Code, the department may suspend or revoke any license issued under the provisions of this chapter, for any violation of, or failure to comply with, any provision of this chapter or chapter 7, t…

22-5112. Duty to prosecute. It shall be the duty of each prosecuting attorney to whom a violation is reported by the department, to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction.

22-5113. Notice of noncompliance — Requirements — Failure to comply — Remedies of department. (1) Whenever a seed buyer is not meeting its obligations to producers, does not have the ability to pay producers, or refuses to submit records and papers to lawful inspection, the depar…

22-5114. Insurance — Cancellation procedure — Suspension of license — Self-insurance. (1) Every seed buyer who has a seed facility where seed crops are stored for withdrawal or transferred, shall maintain a "commercial property policy" of insurance, or its equivalent, issued by a…

22-5115. License reissuance following revocation. A seed buyer license shall not be issued to any person whose license has been revoked within a period of three (3) years from the date of such revocation. Upon application for a license following revocation, the department shall h…

22-5116. Department’s authority. The department may, whenever it has reason to believe the provisions of this chapter have been violated or upon verified complaint of any person in writing, investigate the actions of any seed buyer, and if it finds cause to do so, file before the…

22-5117. License denial. (1) Any seed buyer against whose bond a claim has been ordered collected or has actually been collected shall not be licensed by the department for a period of three (3) years from the date of such order or collection. License denial may be waived if the …

22-5118. Payment and violation. (1) A seed buyer shall pay the producer the purchase price for seed crops in legal tender within ninety (90) days of sale unless otherwise agreed to in writing. (2) Any seed buyer that violates the provisions of section 18-3106, Idaho Code, in maki…

22-5119. Confidential and protected records. Records required by the department to validate the collection and remittance of assessments, including, but not limited to, production summaries, receiving records, conditioning reports, records relating to the payment of seed crops an…

22-5120. Seed indemnity fund. (1) There is hereby established, within the dedicated account, a fund to be known as the seed indemnity fund. The seed indemnity fund shall consist of assessments remitted pursuant to the provisions of this chapter and any interest or earnings on the…

22-5121. Assessments. Every producer shall pay an assessment for deposit in the seed indemnity fund according to the provisions of this chapter and rules promulgated by the department. A delivery of seed crop between producers, none of whom are seed buyers, is exempt from the col…

22-5122. Collection and remittance of assessments — Principal amount held in trust — Interest earned — Failure to collect or remit assessments constitutes a violation — Interest and penalties for unpaid assessments. (1) The department shall promulgate rules to provide a procedure…

22-5123. Funding and limits of fund. The maximum amount of the seed indemnity fund shall be maintained between ten million dollars ($10,000,000) and twelve million dollars ($12,000,000).

22-5124. Advisory committee. (1) There is hereby created a seed indemnity fund advisory committee appointed by the director consisting of nine (9) members representing the diversity of the industry. Appointments shall be for up to three (3) year terms, each term ending on the sam…

22-5125. Proof of claims — Procedure — Hearing. After the director has declared a failure, the department shall process the claims of producers having paid or owing assessments who: (a) produce written evidence of transfer together with the amounts of their unpaid claims, and (b)…

22-5126. Failure to file — Loss of claim on fund. No claim shall be paid from the fund to a producer who refuses or neglects to file a verified claim against a seed buyer: (1) Within ninety (90) days from the date prescribed in the "notice of failure," or within the time limits o…

22-5127. Minimum balance for claims — Termination of liability. No claims of producers shall be paid when the balance in the seed indemnity fund is reduced to two hundred fifty thousand dollars ($250,000). If the director cannot fully pay producers’ claims without exceeding the m…

22-5128. Payment from fund — Debt of seed buyer or surety — Reimbursement — Accrual of cause of action. Amounts paid from the seed indemnity fund in satisfaction of any approved claims shall constitute a debt and obligation of the seed buyer against whom the claim was made and it…

22-5129. Rules. The department may, from time to time, make such rules as it deems necessary for the efficient execution of the provisions of this chapter.