Title 22 — AGRICULTURE AND HORTICULTURE

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…

22-2406. County powers. (1) The county control authority is authorized to: (a) Have noxious weeds controlled without cost to the landowner, notwithstanding any other provision of this chapter relating to payment of cost; and (b) Quarantine any tract of land under its jurisdiction…

22-2407. Landowner and citizen duties. (1) It shall be the duty and responsibility of all landowners to control noxious weeds on their land and property, in accordance with this chapter and with rules promulgated by the director. (2) The cost of controlling noxious weeds shall be…

22-2408. Landowner and citizen powers. (1) If any person shall be dissatisfied with the amount of any charge made against it by a county control authority for control work or for the purchase of materials or use of equipment, he may, within thirty (30) days after being advised of…

22-2409. Penalties for violations. (1) Any person who violates any provision of this chapter, or any 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 the c…

22-2410. Weed control advisory committees. (1) Control agencies or authorities may appoint persons to a weed control advisory committee, who shall be persons knowledgeable of noxious weeds and the damage done by such weeds. The members of the advisory committee shall be residents…

22-2411. Delegation of authority. The director of the department of agriculture 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 maintai…

22-2412. Fees charged by certifying agency. Fees may be charged by the certifying agency, under schedules set forth in rules of the department for certification of crops, plants, plant parts or products thereof under this chapter, but these fees shall have a reasonable relation t…

22-2413. Liability of department limited. The department 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 the protections as prov…

22-2501. Public policy. The Idaho based bee industry has a need for inspections and certification in order to transport bees into other states for pollination; there is a further need to minimize the presence of bee pests and diseases within the state. Therefore, it is declared t…

22-2502. Definitions. The following terms shall be construed respectively when used in this chapter to mean: (1) "Apiary" means any place where one (1) or more colonies of bees are kept, or one (1) or more hives containing honey combs or bee combs are kept. (2) "Bee diseases" mea…

22-2503. Director to conduct apiary inspections — Rules setting fees for requested inspections authorized. The director shall conduct such apiary inspections as may be required by Idaho beekeepers to transport bees to other jurisdictions. To ensure that the inspections are adequa…

22-2504. Duties of the director in controlling the spread of disease and exotic strain of bees. When the director shall be notified of the existence in any apiary of a transmissible bee disease or exotic strain of bees, he shall conduct appropriate investigations to the extent th…

22-2505. Duty of owner of diseased bees — Penalty. Any owner or keeper of bees, knowing or being notified by the director of the existence of a bee disease in his apiary, who fails either to comply with the instructions of the director, designed to cure said disease, or to destro…

22-2506. Right to inspect — Penalty for resisting. The director shall have the right to enter the premises of any beekeeper where bees or equipment are kept, and inspect such bees or equipment, and any person resisting or refusing to allow such inspection shall be guilty of a mis…

22-2507. Chapter construed to permit transportation of bees — Permit. This chapter shall not be construed to prevent the transportation across the Idaho state line of bees in hives, or bee supplies and equipment, between bee yards owned by, or under the control of a beekeeper reg…

22-2508. Publication of registered beekeepers. The department shall make available to any pesticide applicator registered with the department, abatement or pest control district, or university of Idaho county agricultural extension office, a list of beekeepers registered with the…

22-2509. Moneys received paid into "bee inspection special fund." All moneys received pursuant to the provisions of this chapter shall be paid to the state treasurer and kept by the state treasurer in a special and separate fund to be known as the "bee inspection special fund."

22-2510. Registration — Assessment — Collection — Proceeds. (1) There is hereby levied upon each beekeeper maintaining colonies within the state of Idaho, or desiring to move bees into the state, an annual registration fee of ten dollars ($10.00) for up to fifty (50) colonies. Ea…

22-2511. Rules. It is hereby made the duty of the department of agriculture to make reasonable rules as necessary for or as an aid to the effectuation of any provision of this chapter, and to prepare and cause to be printed suitable forms for the proper administration of this cha…

22-2512. Penalty for violations. (1) Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,0…

22-2513. Review of action of director. Any individual 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 chapter 52, title 67, Idaho Code. The…

22-2601. Declaration of policy. In order to promote, foster and encourage the intelligent and orderly marketing of agricultural products through cooperation and to eliminate speculation and waste, and to make the distribution of agricultural products as direct as can be efficient…

22-2602. Definitions — Short title. As used in this chapter: a. The term "agricultural products" shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products; b. The term "member" shall include actual members of associations without ca…

22-2603. Associations — Who may organize. Five (5) or more persons engaged in the production of agricultural products may form a nonprofit, cooperative association, with or without capital stock, under the provisions of this chapter.

22-2604. Purposes. An association may be organized to engage in any activity in connection with the production, marketing or selling of the agricultural products of its members, or with the harvesting, preserving, drying, processing, canning, packing, storing, handling, shipping …

22-2605. Preliminary investigation. Every group of persons contemplating the organization of an association under this chapter, is urged to communicate with the department of agriculture, who will inform it whatever a survey of the marketing conditions affecting the commodities t…

22-2606. Powers. Each association incorporated under this chapter shall have the following powers: a. To engage in any activity in connection with the production, marketing, selling, harvesting, preserving, drying, processing, canning, packing, storing, handling or utilization of…

22-2607. Members. a. Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock, only to persons engaged in the production of agricultural products to be handled by or through the association, or to agricultural producers u…

22-2608. Articles of incorporation — Contents — Subscribing and filing. Each association formed under this chapter must prepare and file articles of incorporation, setting forth: (1) The name of the association. (2) The purpose for which it is formed. (3) The address of its initi…

22-2609. Articles of incorporation — Amendment. The articles of incorporation may be altered or amended in any respect, including increases or decreases in capital stock, at any regular meeting or at any special meeting called for that purpose. An amendment must first be approved…

22-2610. Bylaws — Adoption — Contents — Amendment. Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with the powers granted by this chapter. A majori…

22-2611. General and special meetings — How called. In its bylaws each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time, and ten per cent (10%) of the members or stockholders may…

22-2612. Directors — Election — Appointment — Remuneration — Prohibited contracts — Vacancies. (1) The affairs of the association shall be managed by a board of not less than five (5) directors, elected by the members or stockholders from their own number. The bylaws may provide …

22-2613. Election of officers. The directors shall elect from their number a president and one (1) vice-president. They shall, also, elect a secretary and treasurer, who need not be directors, and they may combine the two (2) latter offices and designate the combined office as se…

22-2614. Stock — Membership certificates — When issued — Voting — Liability — Limitations on transfer and ownership. (1) When a member of an association established without capital stock, has paid his membership fee in full, he shall receive a certificate of membership. (2) No as…

22-2615. Removal of officer or director. Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by ten percent (10%) of the members, requesting the removal of the officer or dire…

22-2616. Referendum. Upon demand of one-third (1/3) of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting: provided, however, tha…

22-2617. Marketing contract. The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to …

22-2618. Purchasing business of other associations, persons, firms or corporations — Payment — Stock issued. Whenever an association organized hereunder with preferred capital stock, shall purchase the stock or any property, or any interest in any property of any person, firm, or…

22-2620. Conflicting laws not to apply. Any provisions of law which are in conflict with this chapter shall not be construed as applying to the associations herein provided for.

22-2621. Interest in other corporations or associations. An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock, and engaged in preserving, drying, process…

22-2622. Contracts and agreements with other associations. Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements and contracts, and arrangemen…

22-2622A. Consolidation and merger agreements — Voting requirements. A consolidation or merger of associations organized hereunder shall be effective if the agreement therefor is approved by a two-thirds (2/3) vote of those present and voting at a regularly called meeting of memb…

22-2623. Association heretofore organized may adopt provisions of chapter. Any corporation or association organized under previously existing statutes, may by a majority vote of its stockholders or members be brought under the provisions of this chapter by limiting its membership…

22-2624. Inducing breach of marketing contract — Spreading false reports about finances or management — Penalties. Any person or persons or any corporation whose officers or employees knowingly induces or attempts to induce any member or stockholder of an association organized he…

22-2625. Separability. If any section of this chapter shall be declared unconstitutional for any reason, the remainder of the chapter shall not be affected thereby.

22-2626. Application of general corporation laws. The provisions of the general corporation laws of this state as they apply to nonprofit corporations, and all powers and rights thereunder, shall apply to the associations organized hereunder, except where such provisions are in c…

22-2627. Classification of directors. When the board of directors of an association shall consist of five (5) or more members, in lieu of electing the whole number of directors annually, the articles of incorporation or by laws may provide that the directors be divided into eithe…