Title 22 — AGRICULTURE AND HORTICULTURE

22-3102. Declaration of policy and purpose of act. It is hereby declared, as a matter of legislative determination, that economic waste is being fostered in the hop industry of the state of Idaho by the lack of proper advertising and dissemination of information necessary for the…

22-3103. Definitions. Wherever used or referred to in this act: 1. The term "commission" means the Idaho hop grower’s commission. 2. The term "person" means individual, partnership, corporation, association, growers or any other business unit. 3. The term "hops" means all hops gr…

22-3104. Idaho hop grower’s commission created — Qualifications. There is hereby created and established within the department of agriculture an Idaho hop grower’s commission to be known and designated as such which shall be composed of five (5) practical growers, elected as prov…

22-3105. Powers and duties of commission. The powers and duties of the commission shall include the following: 1. To administer and enforce this act. 2. To contract in the name of the commission and be contracted with. 3. To employ and at pleasure discharge a secretary, advertisi…

22-3105A. promotion of beer made with Idaho-grown hops. (1) In addition to the powers and duties set forth in section 22-3105, Idaho Code, the commission shall have but is not limited to the following powers to promote beer made with Idaho-grown hops: (a) To host, sponsor, or par…

22-3106. Markings required. In addition to any other brands, labels, stencils, or other marks approved by the commission to be placed upon hops, all hops shall be branded, labeled, stenciled or marked with one (1) identifying distinctive mark defined or designated by the commissi…

22-3107. Hop assessment levy. (1) There is hereby levied an initial assessment of twenty (20) cents per bale on each bale of hops handled in the primary channels of trade. (2) In addition to such initial assessment, there is hereby levied an additional assessment of not exceeding…

22-3108. Payment of assessment. All assessments levied and imposed under and pursuant to the provisions of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the hops are first handled in the primary channels of trade.

22-3109. Assessment return. Every grower and dealer shall at such times as the commission may by rule or regulation prescribed, file with the commission a return under oath on forms to be prescribed by and furnished by the commission, stating the number of bales handled in the pr…

22-3110. Penalty for assessment defaults. Any grower or dealer who fails to make collection or to file return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five per cent (5%) of the amount of the assess…

22-3111. Enforcement of act. The commission shall have the power by its duly authorized agent or representative to enter upon the premises of any grower or dealer to examine any books, papers, records or memorandum bearing on the amount of assessments or license fees payable and …

22-3112. Disposition of receipts — Use of moneys by commission — Transfer of fund. 1. As soon as possible after receipt, all moneys received by the commission from the assessment levied under section 22-3107, Idaho Code, and all other moneys received by the commission shall be de…

22-3113. Election of commission members by growers — Procedures for said elections — Vacancy. 1. The members of the commission shall be elected by secret mail ballot under the supervision of the director of the department of agriculture. Members of the commission shall be elected…

22-3114. Dealer’s license required — Application — Fees — Surety bond — Revocation of license — Forfeiture of bond. No person shall act as dealer in hops without having obtained a license as provided in this act. Every person acting as a dealer shall file a written application wi…

22-3115. Penalty for violation. Every person who shall violate or aid in the violation of any of the provisions of this act or any of the rules, regulations or orders of the commission adopted pursuant to the authority conferred by this act, upon conviction thereof, shall be puni…

22-3116. Referendum on continuance of commission — Procedures. After five (5) years from the date the commission was created, a referendum may be held at the petition of the growers or at the request of the commission. The question shall be submitted by secret mail ballots upon w…

22-3117. Winding up of commission’s affairs if vote is in favor of discontinuance. If the vote at the referendum provided in section 22-3114, Idaho Code, is in favor of discontinuation, the commission shall as rapidly as possible terminate its activities, convert its assets to ca…

22-3301. Declaration of policy. It is to the interest of all the people that the abundant natural resources of Idaho be protected, fully developed and uniformly distributed. Among the agricultural industries of the state of Idaho that contribute to the economic welfare of the sta…

22-3302. Wheat commission created — Members. There is hereby created and established in the department of self-governing agencies the "Idaho Wheat Commission" to be composed of five (5) members appointed by, and serving at the pleasure of, the governor, one (1) from each of the f…

22-3303. Definitions. As used in this act, unless the context requires otherwise: (1) "Commercial channels" means the sale of wheat for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any …

22-3304. Qualification of members. (1) Members of the commission shall be selected and appointed because of their ability and disposition to serve the state’s interest and for knowledge of the state’s natural resources. Members shall be citizens over twenty-five (25) years of age…

22-3305. Term of members. (1) Each year the governor shall appoint one (1) member to the commission for a term of five (5) years ending on June 30th; except that a member appointed to fill a vacancy occurring before the expiration of the term of a member separated from the commis…

22-3306. Compensation of members. Members of the commission shall be compensated as provided by section 59-509(h), Idaho Code.

22-3307. Chairman and executive director of commission. The commission shall elect a chairman and shall employ an executive director who is not a member of the commission.

22-3308. Meetings of commission. The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman or upon the written request of two (2) or more commission members. The chairman may call special meetings of the commission …

22-3309. Duties and powers of commission. (1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes. (2) In the administration of this act, the commission shall have the following d…

22-3310. Commission accepting grants, donations and gifts. The commission may solicit and accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift.…

22-3311. Bonds of agents and employees. The commission may require that the executive director, or any agent or employee appointed by the commission be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code. The cost of the bond…

22-3312. Appointment of executive director — Duties — Salary. The commission shall appoint an executive director who shall devote full time to the administration of this chapter. The executive director shall be paid a reasonable salary fixed by the commission, commensurate with h…

22-3314. State not liable for acts or omissions of commission or of its employees. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.

22-3315. Imposition of tax and provision for late fees. (1) From and after the first day of July, 2012, there is hereby levied and imposed a tax not to exceed five cents (5¢) per bushel on all wheat grown in the state of Idaho or given to Idaho growers under a crop reduction prog…

22-3316. Delivery of invoices to growers. (1) The purchaser, at the time of settlement, shall make and deliver separate invoices for each purchase to the grower. (2) The invoices shall be on forms and in such numbers as prescribed and supplied by the commission and shall show at …

22-3318. Penalties. Any person who shall violate or aid in the violation of any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than three hundred dollars ($300) or imprisonment not to exceed ninety (90)…

22-3319. 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…

22-3401. Definitions. When used in this act: (1) "Adulterated" means a pesticide is adulterated for the purpose of this act if the strength or purity of the pesticide is below the purported or professed standard of quality as expressed in its labeling, or any substance has been s…

22-3402. Registration — Labels — Information required — Fees. (1) Any pesticide which is distributed within this state shall be registered with the department, and such registration shall be renewed annually. (2) The registrant shall file with the department a statement including…

22-3403. Experimental permits. Provided that the state is authorized by the Administrator of EPA to issue experimental permits and subject to the terms and conditions of such authorization, the director may: (1) Issue an experimental permit to any person applying for an experimen…

22-3404. Pesticide and chemigation applicators — Classification licensing requirements. (1) The director may classify pesticide applicator licenses issued under this act. Such classifications may include but are not limited to professional applicators, private applicators, and ch…

22-3406. Pesticide dealers. No person shall act as a pesticide dealer without first obtaining a pesticide dealer’s license issued by the department. (1) Licensing: (a) Application for a pesticide dealer’s license shall be on a form prescribed by the department and shall be accomp…

22-3406A. Responsibilities of chemical suppliers. Any person who supplies or sells at retail a chemical and who knows or has reason to know that the chemical will be applied by chemigation shall sell chemicals only to licensed chemigation applicators.

22-3406B. Chemigator responsibilities. The chemigator shall be responsible for assuring that the irrigation system and chemigation equipment functions properly.

22-3407. Requalification. The director may renew any applicant’s license or permit issued under the provisions of this act provided the applicant has met the requirements imposed by the director to ensure that the applicant continues to meet the requirements of changing technolog…

22-3407A. Use of irrigation system for chemigation — Compliance with standards and requirements. Any person who utilizes an irrigation system for chemigation shall comply with any standards and requirements which are established pursuant to section 22-3421, Idaho Code, and shall …

22-3407B. Department to compile list. The department shall compile a list of the types of chemigation systems or portions thereof which may be used by persons to apply chemicals through an irrigation system in accordance with the rules promulgated under section 22-3421, Idaho Cod…

22-3408. Stop sale, use or removal order and chemigation stop work order. (1) The department may issue and enforce a written stop sale, use or removal order to the owner or custodian of any pesticide or device to hold such pesticide or device at a designated place when the depart…

22-3409. Denial, suspension, or revocation of a license or permit. The director is authorized subsequent to a hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, to deny, suspend, revoke or modify any license or permit provided for in this act in any ca…

22-3410. Reciprocity. The director may at his discretion issue a license or permit without examination to a nonresident who is licensed or certified in another jurisdiction where the requirements are substantially in accordance with the provisions of this act.

22-3411. Change of address or place of business. Any person who has been issued a license or permit under the provisions of this act shall immediately notify the department in writing when he changes his address or place of business.

22-3412. Delegation of duties. All authority vested in the director by virtue of the provisions of this act may with like force and effect be executed by designated employees of the department of agriculture as the director may from time to time designate for said purpose.

22-3413. Container disposal. Partially full or empty pesticide containers shall be disposed of as prescribed by the Idaho department of environmental quality and in accordance with federal regulations.