Title 22 — AGRICULTURE AND HORTICULTURE

22-3414. Inspection. (1) For the purpose of carrying out the provisions of this act the director may enter on any public or private premises at reasonable times in order to have access for the purpose of observing the use and application of pesticides, inspecting records that are…

22-3415. Fees collected — Disposition. All fees collected under the provisions of this act shall be deposited with the state treasurer and be credited to the pesticide fund of the department of agriculture to be used only for carrying out the provisions of this act.

22-3416. Cooperation with other agencies. The director is authorized to cooperate with and enter into agreements with any other state or federal agency in order to carry out the provisions of this act and to assure uniformity of rules and regulations.

22-3417. Damage claims. (1) Any individual suffering loss or damage resulting from the use or application by others of any pesticide must file with the department a written report of loss which contains but is not limited to the following information: (a) The name and address of …

22-3417A. Liability limited. There shall be no liability on the part of and no action for damages against any aerial pesticide applicator for the noise of application in the vicinity of a ratite farm if the applicator notifies the owner of the ratites not less than twenty-four (2…

22-3417B. FALSE REPORT OF DAMAGE CLAIM. Any person who intentionally and willfully makes a damage claim to a law enforcement agency or the Idaho state department of agriculture knowing such report to be false shall be guilty of a misdemeanor.

22-3418. Restricted pesticide use. (1) The director may by rule restrict or prohibit the use of pesticides if he finds that the labeled use of such pesticides requires the rules restricting their use are necessary to prevent injury to land, people, animals, crops or the environme…

22-3419. Procedure for establishing a restricted area. (1) The director may upon his own initiative, or upon the petition of a number of owners, lessees or operators of land in an area within a county or two (2) or more contiguous counties in the state may, if it is deemed necess…

22-3420. Prohibited acts. No person shall: (1) Use a pesticide in a manner inconsistent with its labeling except as provided for by rule. (2) Make pesticide recommendations in a manner inconsistent with its labeling except as provided for by rule. (3) Make false or misleading cla…

22-3421. Adoption and scope of rules. (1) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this act including, but not limited to, rules providing for: (a) The collection and examination of samples of pesticides or devices; and …

22-3422. Penalties for operating without license. Any person operating as a professional or private applicator or dealer without a license shall forfeit to the state for each day’s operation one hundred dollars ($100) as a civil penalty and such operation may be enjoined upon com…

22-3423. Penalty for violations. (1) Any person who shall forge, alter, counterfeit, simulate or falsely represent, or who shall without proper authority use any license issued by the director under this act, or who shall violate or fail to comply with any provisions of this act …

22-3424. Review of action of director. Any person 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 the provisions of the administrative proc…

22-3425. Severability. If any clause, sentence, paragraph, or part of this act shall, for any reason, be adjudged by a competent court of jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operatio…

22-3426. Uniformity of state pesticide rule. Notwithstanding any other provision of law to the contrary, no city, county, taxing district or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, resolution or statute regardin…

22-3501. 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…

22-3502. Pea and lentil commission created — Members. There is hereby created and established in the department of self-governing agencies the Idaho pea and lentil commission to be composed of six (6) members. Five (5) of the members shall be growers and one (1) of the members sh…

22-3503. Definitions. As used in the act, unless the context requires otherwise: (1) The term "peas and lentils" means dry peas, lentils, chickpeas and garbanzos grown in the state of Idaho except it does not include wrinkled varieties of peas grown for seed or chickpeas or garba…

22-3504. Qualification of grower members. Grower members of the commission shall be selected 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, re…

22-3505. Qualification of dealer and processor members. Dealer and processor members of the commission shall be residents of the state of Idaho and be selected because of their ability and disposition to serve the state’s interest and for knowledge of the state’s natural resource…

22-3506. Selection of commission — Terms of members — Vacancies. (1) The governor shall appoint six (6) persons to the commission based upon submitted nominee petitions. One (1) member shall be a dealer or processor and five (5) members shall be growers. (a) Growers, dealers and …

22-3507. Compensation of members. Members of the commission shall be compensated as provided by section 59-509(b), Idaho Code.

22-3508. Chairman and administrator of commission. The commission shall elect a chairman and shall employ such administration as is necessary, including, but not limited to full-time or part-time administrator.

22-3509. Meetings of commission — Quorum. The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman. The chairman may call special meetings of the commission at any time or place after having given five (5) days’ wr…

22-3510. 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 the act, the commission shall have the following du…

22-3511. Commission accepting grants, donations and gifts. The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this act which may be specified as a condition of any grant, donation or gift. All funds recei…

22-3512. Bonds of administrator, agents or employees. The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrativ…

22-3513. Establishment of administrator’s office. For the convenience of the majority of those most likely to be affected in the administration of this act, the commission may establish and maintain an office for the administrator within the state of Idaho.

22-3514. 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.

22-3515. Imposition of assessment. (1) From and after July 1, 1997, there is hereby levied and imposed an assessment of an amount not to be less than one percent (1%) nor to exceed two percent (2%) of the net receipts at the first point of sale, to be deducted by the first purcha…

22-3516. Delivery of invoice vouchers to growers. (1) The purchaser, at the time of settlement, shall make and deliver a copy of each settlement voucher for each purchaser to the grower. (2) The reports to the commission shall be on forms and in such numbers as prescribed and sup…

22-3517. Payment of assessment — Disposition of receipts. (1) The assessment imposed in this act shall be paid by the first purchaser to the commission. The commission shall receipt the purchaser thereof and promptly deposit the moneys in a bank account in the name of the Idaho p…

22-3518. 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.

22-3601. Purpose. It is to the best interests of all the people of the state of Idaho that the abundant and natural resources of Idaho be protected, fully developed and uniformly distributed. It is in the public interest and within the exercise of the police power of the state to…

22-3602. Commission created — Qualification of members. There is hereby created in the department of self-governing agencies an Idaho apple commission, to be thus known and designated. The commission shall be composed of three (3) practical apple growers and two (2) practical app…

22-3603. Definitions. As used in this chapter, unless the context requires otherwise: (1) "Commission" means the Idaho apple commission. (2) "Grower" means any landowner personally engaged in growing apples, a tenant personally engaged in growing apples, or both the owner and the…

22-3604. commission members — nomination and appointment. (1) The commission shall consist of five (5) members appointed by the governor following nomination. Three (3) members shall be growers, with one (1) grower member representing district no. 1, one (1) grower member represe…

22-3605. Powers and duties. The Idaho apple commission shall have, but is not limited to, the following powers and duties: (1) To elect a chairman and such other officers as it deems advisable. (2) To appoint and employ, and at its pleasure discharge, all necessary agents, employ…

22-3606. Research — Advertising — Investigation. The commission shall provide for and conduct a comprehensive and extensive research, advertising and educational campaign as continuous as the crop, sales and market conditions reasonably require. It will investigate and ascertain …

22-3607. 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…

22-3608. Bonds. The administrator, or any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this act.

22-3609. State not liable. 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.

22-3610. Assessments — Packed — For processing. There is hereby levied upon all apples grown annually in this state, and all apples packed as Idaho apples, an assessment of five cents (5¢) on each forty (40) pounds not shipped to processing plants. There is also levied an assessm…

22-3611. Assessment — Payment — Statement. The assessment shall be paid by the grower and shall be due on or before the time when such apples are first handled in the primary channels of trade and shall be paid at such times as the commission may by rule or regulation prescribe, …

22-3612. Records. Every dealer and grower shall keep a complete and accurate record of all apples handled, packed, shipped or processed by him. The record shall be in such form and contain such information as the commission by rule or regulation prescribes, and shall be preserved…

22-3613. Assessment — Increase. If it appears from an investigation that the revenue from the assessment levied hereunder is inadequate to accomplish the purposes of this chapter, the commission shall file with the director of the department of agriculture a report showing the ne…

22-3614. Returns. Each dealer and/or grower shall, at such times as the commission may by rule or regulation require, file with the commission a return under oath, on forms to be furnished by the commission, stating the quantity of apples grown, packed, handled, shipped or proces…

22-3615. Inspections. The commission may inspect the premises and records of any grower, carrier, handler, packer, dealer or processor for the purpose of enforcing this act and the collection of the assessment.

22-3616. Penalty for violation. Any person who violates or aids in violation of any provision of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300, or imprisonment not to exceed six (6) months, or both.

22-3701. Policy and purpose. It is to the best interests of all the people of the state of Idaho that the abundant and natural resources of Idaho be protected, fully developed and uniformly distributed. It is in the public interest and within the exercise of the police power of t…