Title 22, AGRICULTURE AND HORTICULTURE

22-3710. Assessment. There is hereby levied upon all cherries grown annually in this state and all cherries packed as Idaho cherries an assessment of twenty dollars ($20.00) a ton. Provided, however, this section shall not apply to cherries shipped to a processing plant for proce…

22-3711. Assessment — Payment — Statement. The assessments shall be paid by the grower and shall be due on or before the time when such cherries are first handled in the primary channels of trade and shall be paid at such times as the commission may by rule or regulation prescrib…

22-3712. Records. Every dealer and grower shall keep a complete and accurate record of all cherries 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 preserv…

22-3713. Assessment — Increase. If it appears from an investigation that the revenue from the assessment levied hereunder is inadequate to accomplish the purposes of this act, the commission shall file with the director of the department of agriculture a report showing the necess…

22-3714. 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 cherries grown, packed, handled, shipped or proces…

22-3715. Inspections. The commission may inspect the premises and records of any grower, carrier, handler, packer, dealer or processor for the purposes of enforcing this act and the collection of the assessment.

22-3716. 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.

22-3801. Mint industry act. This act shall be known as the Mint Industry Act.

22-3802. Legislative intent — Research and advertising. It is hereby declared, as a matter of legislative determination, that economic waste threatens the mint industry of the state of Idaho by the lack of facilities and funds for research to develop and improve control measures …

22-3803. Definitions. Wherever used or referred to in this act: (1) The term "commission" means the Idaho mint commission. (2) The term "person" means individual, partnership, corporation, association, growers or any other business unit. (3) The term "mint" means all the essentia…

22-3804. Idaho mint commission — Election of members — Compensation and terms. There is hereby created and established within the department of agriculture an Idaho mint commission to be known and designated as such which shall be composed of six (6) practical growers, elected as…

22-3805. Powers and duties — Administration and enforcement. 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 …

22-3806. Assessment imposed — Requirements — "Grower’s acreage" — Additional assessment — Referendum. (1) The commission is hereby empowered to levy an assessment not to exceed eight cents (8¢) per pound on each pound of essential oil handled in the primary channels of trade. (2)…

22-3807. Payment. All assessment levied and imposed under and pursuant to the provision of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the essential oils are first handled in the primary channels of trade.

22-3808. Filing — Requirements. Every grower and dealer shall at such times as the commission may by rule prescribe, file with the commission a return under oath on forms to be prescribed by and furnished by the commission, stating the number of pounds of essential oils handled i…

22-3809. Penalty for defaults. Any grower or dealer who fails to make collection or to file a return or to pay any assessment within the time required pursuant to this act shall thereby forfeit to the commission a penalty of five percent (5%) of the amount of the assessment deter…

22-3810. Inspection — License fees. 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 payab…

22-3811. Disposition of receipts and use of moneys collected. (1) As soon as possible after receipt, all moneys received by the commission from the assessment levied under section 22-3806, Idaho Code, and all other moneys received by the commission shall be deposited in one (1) o…

22-3812. Election of commission members. (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 by a majority of the votes cast by the grower membe…

22-3813. License application — Fee — Bond — Revocation — Forfeiture. No person shall act as dealer in the essential oils without having obtained a license as provided in this act. Every person acting as a dealer shall file a written application with the commission for a license a…

22-3814. Penalty. Every person who shall violate or aid in the violation of any of the provisions of this act or any of the rules or orders of the commission adopted pursuant to the authority conferred by this act, upon conviction thereof, shall be punished by a fine of not more …

22-3815. Referendum for continuance of the Idaho mint commission. 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 upo…

22-3816. Termination of commission. If the vote at the referendum provided in section 22-3815 is in favor of discontinuance, the commission shall as rapidly as possible terminate its activities, convert its assets to cash and do all other things necessary to terminate its activit…

22-3901. Deduction of dues to grower organizations by handlers and processors. If any grower or producer of any farm product within this state voluntarily executes and causes to be delivered to a dealer or processor of farm products, either as a clause in a sales contract or othe…

22-3902. Assignment cannot be invalidated by private contract. No provision which is inserted in any contract that is prepared by a dealer or processor which makes an assignment of the dues described in section 22-3901 ineffective is valid.

22-3903. Limiting amount of deductions and payments of assigned dues. An assignment of dues may not exceed 2 per cent of the total value of the product which is delivered by the grower or producer to the dealer or processor.

22-3904. Payment requirement. Payment need not be made under any assignment of dues pursuant to section 22-3901 until the dealer or processor has available and under his control funds owing to the grower or producer that are sufficient in amount for making the payment of the dues…

22-3905. Lienholder’s rights. Any dealer or processor who pays any dues to an association pursuant to the assignment of dues governed by this act shall not be liable for such sums upon any seed lien, farm laborer’s lien or any other lien or encumbrance which has priority by law u…

22-3906. Administrative expenses. Any dealer or processor may deduct a sum not to exceed two percent (2%) of the total dues to be paid to an association for administrative expenses incurred by the payment of such dues under the assignment.

22-4001. 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…

22-4002. Barley commission created — Members. There is hereby created and established in the department of self-governing agencies the Idaho barley commission to be composed of three (3) grower members appointed by, and serving at the pleasure of, the governor, one (1) from each …

22-4003. Definitions. As used in this chapter: (1) "Commercial channels" means the sale of barley 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 person, public or private, who res…

22-4004. Qualification of members. 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 appointed by the governor shall be citizens over twenty-…

22-4005. Term of members. (1) Except as provided in subsection (3) of this section, the term of office of a member of the barley commission shall be three (3) years. Any member of the commission who has served for two (2) full consecutive terms shall not be eligible for reappoint…

22-4006. Compensation of members. Members of the commission shall be compensated as provided in section 59-509(h), Idaho Code.

22-4007. Chairman and administrator of commission. The commission shall elect one of the governor’s appointed members as chairman and may employ an administrator who is not a member of the commission, or may contract with the Idaho wheat commission or a similar agency for the adm…

22-4008. 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. The chairman may call special meetings of the commission at any time or place.

22-4009. 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 provisions of this chapter, the commission shal…

22-4010. Deposit and disbursement of funds. (1) Immediately upon receipt, all 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, and all of the rev…

22-4011. Bonds of agents and 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 as prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense u…

22-4012. Appointment of administrator — Duties — Salary. The commission may appoint an administrator who shall devote full time to the administration of the provisions of this chapter. He shall proceed immediately to prepare the plans and general program necessary and adequate to…

22-4013. Establishment of administrator’s office. For the convenience of the majority of those most likely to be affected in the administration of the provisions of this chapter, the administrator, upon recommendation of the commission, shall establish and maintain an office for …

22-4014. 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.

22-4015. Imposition of tax. (1) There is hereby levied and imposed a tax of up to four cents (4¢) per hundredweight on all barley grown in the state of Idaho or given to Idaho growers under a crop reduction program, and sold or contracted in this state, and each and every crop gr…

22-4016. Delivery of documents to sellers. (1) The purchaser, at the time of settlement, shall make and deliver separate documents for each purchase to the sellers. (2) The documents shall, at a minimum, contain the following information: (a) The name and address of the seller. (…

22-4017. Payment of tax — Disposition of receipts. The tax imposed in this chapter shall be paid by the first purchaser to the commission. The commission shall receipt the purchaser thereof and promptly deposit the moneys in an account as provided in section 22-4010, Idaho Code. …