Title 22 — AGRICULTURE AND HORTICULTURE

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 hundre…

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.

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 angle…

22-911. Retail sales of potatoes. (a) 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 whic…

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 suc…

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 …

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…

22-1001. legislative findings. The legislature finds that urban agriculture is the production of food and other agricultural products in urban areas of city impact settings. This includes in-ground and raised-bed production as well as aquaponic and hydroponic production systems. …

22-1002. definitions. (1) "Community gardening" means a single plot of land that is gardened collectively by a group of people. Community gardens can be further divided into single plots or maintained as one (1) large plot. Entities, including but not limited to schools, food pan…

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 dev…

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, po…

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 …

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 off…

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, …

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 …

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 indust…

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 prov…

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.

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 …

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 perta…

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) "Certifie…

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 writ…

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 …

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 re…

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 var…

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 uni…

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 th…

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…

22-1511. Title. This chapter shall be known as, and may be cited as, the "Seed and Plant Certification Act."

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 pu…

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…

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 per…

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 comp…

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. A…

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 n…