Title 22, AGRICULTURE AND HORTICULTURE

22-1707. EXCEPTIONS. Industrial hemp is not subject to inspection or indemnification pursuant to chapter 51, title 22, Idaho Code, or chapters 2 and 5, title 69, Idaho Code.

22-1901. Title. This chapter shall be known as "The Idaho Invasive Species Act of 2008."

22-1902. Legislative findings. The legislature finds that: (1) The purpose of this chapter is to address the concerns about the increasing threat of invasive species by providing policy direction, planning and authority to combat invasive species infestations throughout the state…

22-1903. Administration. This chapter shall be administered by the Idaho state department of agriculture.

22-1904. Definitions. Unless otherwise noted in this chapter the definitions as set forth in section 22-2005, Idaho Code, are adopted by reference. (1) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that may carry or contain an invasive species or plant pes…

22-1905. Prohibited actions. No person may import, export, purchase, sell, barter, distribute, propagate, transport or introduce an invasive species into or within the state of Idaho and no person may possess an invasive species, except: (1) Under a permit issued by the director;…

22-1905A. REQUIREMENTS FOR LAUNCH AND TRANSPORT OF CONVEYANCES. (1) Immediately upon removing a conveyance from any waters of this state or for transport of conveyances within the state, the operator shall remove all visible vegetation from the conveyance and drain all water from…

22-1906. Duties of the department and director. The department may prevent and control, by such means as shall be prescribed and provided by law, rule or by order of the department, all invasive species that may cause economic or environmental harm to the state. The director shal…

22-1907. Rules and orders. The director is hereby authorized to promulgate rules necessary for the efficient enforcement of the provisions of this chapter. Rulemaking authority shall include, but not be limited to, the determination of which species are invasive and the establish…

22-1908. Authority to conduct inspections. (1) In order to accomplish the purposes of this chapter, the director may enter upon and inspect any public or private premises, lands, bodies of water, or means of conveyance, or article of any person within this state, for the purpose …

22-1909. Disposition of invasive species. The director is authorized to seize, decontaminate or destroy any invasive species found in this state from public or private ownership or control as necessary to carry out the provisions of this chapter.

22-1910. Hold order. The director may issue hold orders to take prompt regulatory action in invasive species emergencies on any article, commodity, conveyance, vehicle or other means of transportation entering this state when it is reasonably believed that the article, commodity,…

22-1910A. Law enforcement. (1) It shall be the duty of all peace officers within the state of Idaho, as defined by section 19-5101(d), Idaho Code, to enforce the provisions of this chapter by making a complaint or citation as described in section 19-3901, Idaho Code. (2) Peace of…

22-1911. Invasive species fund. There is hereby established in the state treasury an invasive species fund. (1) The fund shall receive such appropriations as deemed necessary by the governor and the legislature to accomplish the goals of this chapter. The fund shall also receive …

22-1912. Control and eradication costs — Deficiency warrants — Cooperation with other entities and citizens. Whenever the director determines that there exists the threat of an infestation of an invasive species on state-owned land or water, private, forested, range or agricultur…

22-1913. Penalties for violations. (1) Any person who knowingly violates any provision of this chapter, or of the rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interfer…

22-1914. Cooperative agreements. (1) The department may enter into cooperative agreements with persons and entities including, but not limited to, civic groups and governmental agencies, to adopt and execute plans to detect and control areas infested with invasive species. Such c…

22-1915. No effect on existing liability. The enactment of this chapter does not terminate or modify any civil or criminal liability relating to plant pests which exists prior to the effective date of this chapter.

22-1916. Hold harmless. Any state or federal agency or contractor, its officers, agents and employees implementing or enforcing the provisions of this chapter shall be held harmless against all claims arising from the good faith enforcement and implementation of the provisions of…

22-1917. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the rema…

22-2001. Title. This chapter shall be known as the "Idaho Plant Pest Act of 2002."

22-2002. Administration. This chapter shall be administered by the Idaho state department of agriculture.

22-2003. Statement of purpose. The purpose of this chapter is to prevent the introduction and subsequent dissemination of plant pests into Idaho through the movement of nursery stock and other plants and plant products. This chapter provides for the regulation of plant material a…

22-2004. Duties of the department. The department may control and prevent, by such means as shall be prescribed and provided by law, rule, or by order of the department, all contagious, infectious and plant pests destructive to the state’s agricultural, forestry or horticultural …

22-2005. Definitions. When used in this chapter: (1) "Acceptable level" means the probable level of harm that is so low that the imposition of phytosanitary requirements is not required; or the probable level of harm that the trade partners agree to achieve through or by the impo…

22-2006. Promulgation of rules — Collection and deposit of fees and penalties. (1) The director is hereby authorized to promulgate rules: (a) Necessary for the efficient enforcement of the provisions of this chapter including, but not limited to: setting of quarantine boundaries,…

22-2007. Authority to conduct inspections — Entry on lands. (1) The director may enter into each county of the state for the purpose of inspecting, examining and determining thereby the healthfulness and general condition of the environmental, horticultural, forestry and agricult…

22-2008. Discovery of plant pests — Official marking of infested or infected articles — Reporting the detection of plant pests. (1) Upon knowledge of the existence of a regulated pest or a pest that may cause significant damage or harm within the state, the department is authoriz…

22-2009. Hold order or stop sale. The director may issue hold orders or stop sales to take prompt regulatory action in plant pest emergencies on any plant, article, or commodity entering this state in violation of this chapter or rules promulgated hereunder.

22-2010. Control orders — Control of nuisances — Liens and cost recovery. (1) If upon any complaint or inspection, there is found any pest injurious to plants, or an imminent potential threat of any pests injurious to any plants, the director shall notify the owner or the person …

22-2012. Quarantines. The director, by and with the approval of the governor, may, after investigations or hearings, establish, maintain and enforce quarantines as the director deems necessary to protect any and all plants against infestation or infection by any plant pest, new t…

22-2013. Quarantine rules — Regulated areas and articles — Temporary rules. The director may promulgate quarantine rules, whereby the production, movement or existence of plants, or any other article or material, or the normal activity of persons, is brought under rules, in order…

22-2014. Repeal of quarantines. The director, by and with the approval of the governor, may repeal a quarantine when its purposes have been accomplished, or if the progress of events has clearly proved that the desired end is not possible to attain by the restrictions adopted. Th…

22-2015. Listing of regulated nonquarantine pests and restrictions by rules. The director may promulgate rules listing regulated nonquarantine pests and specify restrictions for specific plant pests with a specified economically unacceptable impact to Idaho agriculture.

22-2016. Prohibited activity — Permits — Export certification and compliance agreements — Nonindigenous plant pest species. (1) The shipment, introduction into or release within this state of any plant pest, biocontrol agent, or genetically engineered plant or plant pest, or any …

22-2017. Crop management areas. The legislature recognizes the fact that in order to produce crops that are free from plant pests, and to control such plant pests, it is frequently necessary to apply certain crop management practices over an area which may include several farms, …

22-2018. Research and investigation of plant pest problems and control. As deemed necessary, the director may fund research to prevent the introduction or spread of plant pests causing or having the potential to cause significant damage or harm in the state, and to investigate th…

22-2019. Infestations — Control and eradication costs — Deficiency warrants — Cooperation with other entities and citizens. Whenever the director determines that there exists the threat of an infestation of grasshoppers, crickets or exotic plant pests on state-owned land, private…

22-2020. Penalties for violations. (1) Any person who violates any provision of this chapter, or of the rules promulgated hereunder for carrying out the provisions of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with th…

22-2021. Cooperation with other jurisdictions. (1) The department may enter into cooperative agreements with organizations including, but not limited to: persons, civic groups, or governmental agencies, to adopt and execute plans to detect and control areas infested or infected w…

22-2022. Severability. If any section, sentence, clause, phrase, or other portion of this chapter is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions thereof.

22-2023. No effect on existing liability. The enactment of this chapter does not terminate or modify any civil or criminal liability relating to plant pests which exists prior to the effective date of this chapter.

22-2201. Short title. This act may be known and cited as the "Soil and Plant Amendment Act of 2001."

22-2202. Administration. This chapter shall be administered by the Idaho department of agriculture.

22-2203. Definitions. As used in this chapter: (1) "Aged" means exposed to weathering and/or natural decay, such that the original material is significantly altered. (2) "Biosolid(s)" means a primary organic solid material produced by wastewater treatment processes that can be be…

22-2204. Authority to adopt rules. The department shall administer, enforce, and carry out this chapter and may adopt rules necessary to carry out its purposes including, but not limited to, the proper use, handling, transportation, storage, display, distribution, sampling, recor…