Title 22 — AGRICULTURE AND HORTICULTURE
44 chapters · 611 sections in this title.
Idaho Code § 22-3702 Commission created
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22-3702. Commission created. There is hereby created in the department of self-governing agencies an Idaho cherry commission to be thus known and designated. The commission shall be composed of three (3) practical cherry growers and two (2) practical cherry dealers. The three (3)…
Idaho Code § 22-3703 Definitions
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22-3703. Definitions. Definitions as used in this chapter, unless the context requires otherwise: (1) "Commission" means the Idaho cherry commission. (2) "Grower" means any landowner personally engaged in growing cherries, a tenant personally engaged in growing cherries or both t…
Idaho Code § 22-3704 commission members — nomination and appointment
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22-3704. 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 and two (2) members shall be dealers. (2) Members shall serve for a term of three (3) …
Idaho Code § 22-3705 Powers and duties
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22-3705. Powers and duties. The Idaho cherry 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, emplo…
Idaho Code § 22-3706 Research — Advertising — Investigation
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22-3706. 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 condition reasonably require. It will investigate and ascertain t…
Idaho Code § 22-3707 Deposit and disbursement of funds
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22-3707. 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…
Idaho Code § 22-3708 Bonds
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22-3708. 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.
Idaho Code § 22-3709 State not liable
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22-3709. 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.
Idaho Code § 22-3710 Assessment
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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…
Idaho Code § 22-3711 Assessment — Payment — Statement
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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…
Idaho Code § 22-3712 Records
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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…
Idaho Code § 22-3713 Assessment — Increase
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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…
Idaho Code § 22-3714 Returns
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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…
Idaho Code § 22-3715 Inspections
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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.
Idaho Code § 22-3716 Penalty for violation
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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.
Idaho Code § 22-3801 Mint industry act
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22-3801. Mint industry act. This act shall be known as the Mint Industry Act.
Idaho Code § 22-3802 Legislative intent — Research and advertising
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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 …
Idaho Code § 22-3803 Definitions
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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…
Idaho Code § 22-3804 Idaho mint commission — Election of members — Compensation and terms
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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…
Idaho Code § 22-3805 Powers and duties — Administration and enforcement
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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 …
Idaho Code § 22-3806 Assessment imposed — Requirements — "Grower’s acreage" — Additional assessment — Referendum
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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)…
Idaho Code § 22-3807 Payment
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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.
Idaho Code § 22-3808 Filing — Requirements
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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…
Idaho Code § 22-3809 Penalty for defaults
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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…
Idaho Code § 22-3810 Inspection — License fees
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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…
Idaho Code § 22-3811 Disposition of receipts and use of moneys collected
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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…
Idaho Code § 22-3812 Election of commission members
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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…
Idaho Code § 22-3813 License application — Fee — Bond — Revocation — Forfeiture
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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…
Idaho Code § 22-3814 Penalty
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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 …
Idaho Code § 22-3815 Referendum for continuance of the Idaho mint commission
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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…
Idaho Code § 22-3816 Termination of commission
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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…
Idaho Code § 22-3901 Deduction of dues to grower organizations by handlers and processors
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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…
Idaho Code § 22-3902 Assignment cannot be invalidated by private contract
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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.
Idaho Code § 22-3903 Limiting amount of deductions and payments of assigned dues
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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.
Idaho Code § 22-3904 Payment requirement
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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…
Idaho Code § 22-3905 Lienholder’s rights
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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…
Idaho Code § 22-3906 Administrative expenses
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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.
Idaho Code § 22-4001 Declaration of policy
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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…
Idaho Code § 22-4002 Barley commission created — Members
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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 …
Idaho Code § 22-4003 Definitions
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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…
Idaho Code § 22-4004 Qualification of members
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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-…
Idaho Code § 22-4005 Term of members
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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…
Idaho Code § 22-4006 Compensation of members
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22-4006. Compensation of members. Members of the commission shall be compensated as provided in section 59-509(h), Idaho Code.
Idaho Code § 22-4007 Chairman and administrator of commission
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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…
Idaho Code § 22-4008 Meetings of commission
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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.
Idaho Code § 22-4009 Duties and powers of commission
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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…
Idaho Code § 22-4010 Deposit and disbursement of funds
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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…
Idaho Code § 22-4011 Bonds of agents and employees
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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…
Idaho Code § 22-4012 Appointment of administrator — Duties — Salary
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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…
Idaho Code § 22-4013 Establishment of administrator’s office
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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 …