Title 22, AGRICULTURE AND HORTICULTURE

22-2211. Short weight — Penalty. If any soil amendment or plant amendment in the possession of the consumer is found by the director to be short in weight, the registrant of the soil amendment or plant amendment shall, within thirty (30) days after official notification from the …

22-2212. Penalties for deficient analysis. (1) If the analysis shows that any soil amendment or plant amendment falls short of the guaranteed analysis in any one (1) soil amending or plant amending ingredient or in total soil amending or plant amending ingredients, a penalty shal…

22-2213. Assessment of penalties. For the purpose of determining commercial values to be applied under this section, the director shall determine from the registrant’s sales invoice the values charged for the plant amending or soil amending ingredients. If no invoice is available…

22-2214. Misbranding. No person shall distribute a misbranded soil amendment or plant amendment in this state. A soil amendment or plant amendment is deemed to be misbranded if: (1) Its labeling is false or misleading in any material respect; or (2) It is distributed under the na…

22-2215. Adulteration. No person shall distribute an adulterated soil or plant amendment. A soil amendment or plant amendment is deemed to be adulterated if: (1) It contains any deleterious or harmful substance, or organism in sufficient amount to render it injurious to beneficia…

22-2216. Publication of information. The department shall publish the following information at least annually and in a form it deems proper: the total tonnage of soil amendments and plant amendments distributed; the total number of official samples analyzed and the number of defi…

22-2217. Stop-sale orders. (1) The director may issue and enforce a written "stop-sale, use or removal" order to the manufacturer, distributor, owner, or custodian of any soil amendment or plant amendment, or any lot thereof, if he determines that: (a) A soil amendment or plant a…

22-2218. Violations. It is unlawful to: (1) Distribute a misbranded soil amendment or plant amendment; (2) Fail, refuse or neglect to place upon or attach to each container of distributed soil amendment or plant amendment a label containing the information required by this chapte…

22-2219. Remedies for violation. (1) A person convicted of violating this chapter or the rules adopted under this chapter or who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the director or a duly authorized agent from the performance of his duty in co…

22-2220. Disposition of moneys. All moneys received by the director from the registration of soil amendments and plant amendments and from the payment of moneys derived from the registration and inspection fees charged on soil amendments and plant amendments, and moneys collected…

22-2221. Cooperation with other government agencies. The director may cooperate with and enter into agreements with other government agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purp…

22-2222. No effect on existing liability. The enactment of this chapter does not terminate or modify any civil or criminal liability which exists on July 1, 2001.

22-2223. Not applicable to wholesale transactions. This chapter does not restrict or preclude sales or exchanges of soil amendments or plant amendments to each other by importers, manufacturers or manipulators who mix soil amendment or plant amendment materials for sale or preven…

22-2224. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not effect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to…

22-2225. Statement of uniform interpretation and policy. When not otherwise stated in this chapter or rules adopted under this chapter, the statements of uniform interpretation and policy as adopted in the annual publication of the American plant food control officials shall guid…

22-2226. Local legislation — prohibition. (1) No local government entity including, but not limited to, any city, county, township, or municipal corporation or any other body corporate and politic that is responsible for government activities in a geographic area smaller than tha…

22-2301. Statement of purpose. The legislature and the Idaho nursery and florist industry find and declare that the propagation and raising of nursery and florist stock is an agricultural pursuit that should be regulated and assisted by the department of agriculture to provide a …

22-2302. Definition of terms. For the purpose of this chapter: (1) The singular and plural forms of any word or term in this chapter shall be interchangeable and equivalent within the meaning of this chapter. (2) "Agent" means any person only soliciting orders in this state for t…

22-2303. Duties of the department. The department is authorized to: (1) Inspect the nursery or florist stock of growers, dealers, and other persons and places of business provided for under sections 22-2301 through 22-2325, Idaho Code. (2) Issue certificates and permits and check…

22-2304. State nursery and florist advisory committee. (1) In order to maintain close contact between the department and the nursery and florist industry, there is hereby created a state nursery and florist advisory committee which shall consist of six (6) members appointed by th…

22-2305. License required — Schedule of fees. (1) It shall be unlawful for any person to engage in, conduct, or carry on the business of propagating, growing, selling, dealing in, or importing into this state, for sale or distribution, any nursery or florist stock, or to engage i…

22-2306. Temporary nursery or florist sale license or location — Application fee — Condition. (1) Upon payment of a fee of twenty-five dollars ($25.00), a temporary nursery or florist sale license may be issued by the department for holding of a nursery stock sale conducted by or…

22-2307. Renewal of license. (1) The fees for the renewal of the annual license required by this chapter shall be paid with the application for license renewal before January 1 of each year. Any license not renewed by February 1 of each year shall be assessed an additional twenty…

22-2308. Agent’s license. (1) No agent’s license shall be issued or valid unless the agent’s principal has given the department written authorization to issue the license. (2) An agent’s license shall be automatically suspended during any period when he is not acting as an agent …

22-2309. License not transferable — Moving place of business. (1) A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee is changed or if the membership of a partnership is changed, irrespective of whet…

22-2310. Suspension, revocation, or refusal of license. The department may suspend, revoke, or refuse to issue or renew the license of any person when it is satisfied that: (1) The applicant or licensee has been guilty of fraud, deception, or misrepresentation in the procurement …

22-2311. Advertisement of nursery or florist stock for sale. No person may advertise in any media, any plant material covered under this chapter as being for sale without disclosing the person’s company name or license number.

22-2312. Wholesale sales. No licensed nursery or florist may make wholesale sales of plant material for resale to an unlicensed nursery, florist, or landscape contractor.

22-2313. Issuance of shipping permit numbers. (1) The department may issue a shipping permit number to any licensee who requests or requires one. (2) When authorized or required by the department, the shipping permit number shall accompany all shipments and deliveries of nursery …

22-2314. Inspection of licensed and unlicensed nurseries — Additional inspections and special services — Fees. (1) The department shall inspect each licensed nursery and florist as often as the department considers necessary to determine and control pests. (2) The department may …

22-2315. Substitution or transportation of uninspected nursery or florist stock prohibited. No person shall: (1) Substitute other nursery or florist stock for nursery or florist stock covered by an inspection certificate; or (2) Transport or accept for transportation within the s…

22-2316. Misrepresentation of nursery stock by grower, dealer, or agent prohibited — Tags or labels required on fruit trees — Nursery or florist stock as horticultural product. (1) No grower, dealer, or agent shall: (a) Sell nursery or florist stock representing it to be a name, …

22-2317. Knowingly selling, advertising, or displaying damaged, misrepresented, or mislabeled nursery or florist stock prohibited. (1) No person shall knowingly offer to sell, advertise, or display nursery or florist stock: (a) That is dead, in a dying condition, seriously broken…

22-2318. Knowingly selling, moving, or storing infected or infested nursery or florist stock prohibited — Seizure. (1) No person shall knowingly offer to sell nursery or florist stock that is infected or infested. (2) Unless the nursery or florist stock is held for separation or …

22-2319. Stop sale order — Condemnation. (1) The department may issue and enforce a written or printed "stop-sale" order to any dealer, agent, grower, or other person who is the owner or custodian of any nursery or florist stock when the department finds such nursery or florist s…

22-2320. Imported nursery or florist stock to bear certificate of origin — Contents. Nursery or florist stock imported into Idaho must be accompanied by a certificate from the place of origin, signed by an authorized agent or representative of the agency supervising and responsib…

22-2321. Nursery stock standards. Nursery stock standard for grade, quality and size shall be those as published by the American nursery and landscape association. The department shall not actively enforce these standards except in the case of a complaint or dispute.

22-2322. Reciprocity. The department will honor the nursery and florist license of a company doing business in, but not physically located in or having an agent in the state, provided that the license is issued by the appropriate regulatory authority in the state of origin, and t…

22-2323. Disposition and use of money received. Fees collected shall be paid into the state treasury and credited to the agriculture inspection account created by section 22-104, Idaho Code, and such fees shall be used only to carry out the provisions of this chapter. Additionall…

22-2324. Violation. (1) Any person who shall violate or fail to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor. (2) Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated under this…

22-2325. 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 remainin…

22-2401. Declaration of policy. It is the purpose of this chapter to define noxious weeds; legal requirements, duties, and responsibilities of persons; and to provide the statutory and financial means for the control of noxious weeds, wherever such noxious weeds occur in this sta…

22-2402. Definitions. As used in this chapter: (1) "Agency" means: (a) In the case of the federal government, any authority which exercises administrative control over defined areas of federal lands within the state of Idaho; (b) In the case of the state of Idaho, any department,…

22-2403. Enforcement of chapter vested in director — State duties. (1) The duty of enforcing this chapter and carrying out its provisions is vested in the director. (2) The director shall: (a) Determine what weeds are noxious for the purposes of this chapter; and (b) Compile and …

22-2404. State powers. (1) The director is authorized to: (a) Investigate the subject of noxious weeds; and (b) Require information, annual work plans and reports from each county and from each state agency as to the presence of noxious weeds and other information relative to nox…

22-2405. County duties. (1) The county control authority shall: (a) Carry out the duties and responsibilities vested in the county under this chapter and rules prescribed by the director; and (b) Establish and maintain a coordinated program for control of noxious weeds in the cou…