Title 22, AGRICULTURE AND HORTICULTURE

22-508. EXEMPTIONS. Upon application to the director, potato plantings of one (1) acre or less per variety are exempted from the certification requirements of this chapter. However, such plantings may at the discretion of the director be subject to any laboratory testing or field…

22-509. TITLE. This chapter shall be known as: "The Idaho Seed Potato Act of 1996."

22-510. SEED POTATO ARBITRATION. (1) Requirement of arbitration. When any buyer claims to have been damaged by the failure of seed potatoes to perform as represented, or when any buyer claims to have been damaged by the failure of any seed potato to produce or perform as represen…

22-601. TITLE. This chapter shall be known as the "Idaho Fertilizer Act of 2000."

22-602. ADMINISTRATION. The Idaho state department of agriculture, hereinafter referred to as the "department," shall administer this chapter.

22-603. DEFINITIONS. When used in this chapter: (1) "Biosolid(s)" means a primary organic solid material produced by wastewater treatment processes that can be beneficially recycled for its plant nutrient content and soil amending characteristics, as regulated under the code of f…

22-604. ADOPTION OF RULES. The department shall administer, enforce, and carry out the provisions of this chapter and may adopt rules necessary to carry out its purposes including, but not limited to, the proper use, handling, transportation, storage, display, distribution, sampl…

22-605. REGISTRATION OF PRODUCTS AND STORAGE FACILITIES. (1) Registration of products. (a) Each separately identifiable fertilizer product except individual customer-formula mixes shall be registered by the person who manufactures or distributes fertilizer into or within the stat…

22-606. FORMULAS. The department may require submission of the complete formula of any fertilizer and the source of all ingredients if it is deemed necessary for the registration of any fertilizer product or the administration of this chapter. Any formula so submitted is exempt f…

22-607. LABELS -- INFORMATION REQUIRED. (1) Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in a clearly legible and conspicuous form the following information: (a) The net weight; (b) The brand and gra…

22-610. INSPECTION -- SAMPLING. (1) The department shall inspect, sample, analyze, and test fertilizers distributed within this state, at a time and place and to the extent the department deems necessary, to determine whether the fertilizers comply with this chapter. The departme…

22-611. PENALTIES. (1) If the analysis shows that any fertilizer deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients, a penalty shall be assessed in favor of the department at the rate of three (3) times the value of the deficiency or…

22-612. ASSESSMENT OF PENALTIES. For the purpose of initially determining the commercial value to be applied under the provisions of section 22-611, Idaho Code, the department shall determine and publish annually the values per unit of nitrogen, available phosphate, soluble potas…

22-613. MISBRANDING. No person shall distribute a misbranded fertilizer. A fertilizer is misbranded if: (1) The labeling is false or misleading; (2) It is distributed under the name of another fertilizer product; (3) It is not labeled as required in section 22-607, Idaho Code, an…

22-614. ADULTERATION. No person shall distribute an adulterated fertilizer product. A fertilizer is adulterated if: (1) It contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or w…

22-615. PUBLICATION OF INFORMATION. The department shall publish at least annually and in a form it deems proper: the total tonnage of fertilizer distributed, the number of total official samples analyzed and the number of deficient official samples analyzed, and any other inform…

22-616. "STOP SALE" ORDERS. The department may issue and enforce a written or printed "stop sale, use, or removal" order to the distributor, owner or custodian of any fertilizer and hold the fertilizer, or order it held, at a designated place when the department finds the fertili…

22-617. COMPLAINT FOR SEIZURE -- HEARING. Any fertilizer that does not comply with this chapter is subject to seizure on complaint of the department to a court of competent jurisdiction in the geographic area in which the fertilizer is located. If the court finds the fertilizer t…

22-618. VIOLATIONS. It is unlawful for any person to: (1) Distribute a misbranded fertilizer; (2) Fail, refuse or neglect to place upon or attach to each container of distributed fertilizer a label containing the information required by this chapter; (3) Fail, refuse or neglect t…

22-619. REMEDIES FOR VIOLATIONS. (1) Any person convicted of violating any of this chapter or the rules promulgated thereunder or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the director or a duly authorized agent from the performance of their du…

22-620. USE OF FUNDS RECEIVED. All moneys received by the director from the registration of various fertilizers and from the payment to him of moneys derived from the registration and inspection fees charged on such fertilizers, and moneys collected for a violation(s) of this cha…

22-621. COOPERATION WITH OTHER GOVERNMENTAL AGENCIES. The director may cooperate with and enter into agreements with other governmental agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the p…

22-622. NO AFFECT ON EXISTING LIABILITY. The enactment of this chapter does not terminate or modify any civil or criminal liability which already exists on July 1, 2000.

22-623. NOT APPLICABLE TO WHOLESALE TRANSACTIONS. Nothing in this chapter restricts or precludes sales or exchanges of fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or prevents the free and unrestricted shipments of f…

22-624. SEVERABILITY. If any clause, sentence, paragraph, or part of this chapter is judged invalid by any court of competent jurisdiction, the judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its operation to the clause, sen…

22-625. STATEMENTS OF UNIFORM INTERPRETATION AND POLICY. When not otherwise stated in this chapter or rule adopted under this chapter, the statements of uniform interpretation and policy as adopted in the annual Official Publication of the Association of American Plant Food Contr…

22-626. LOCAL LEGISLATION -- PROHIBITION. (1) No local government entity including, but not limited to, any city, county, township, or municipal corporation or any other body corporate and politic that is responsible for government activities in a geographic area smaller than tha…

22-701. FARM MARKETING SUBJECT TO STATE REGULATION -- FARM PRODUCTS DEFINED. The business of marketing farm products in this state is hereby declared to be affected with a public interest and to be subject to regulation and control by the state. The term "farm products" within th…

22-702. STANDARDS FOR FARM PRODUCTS AND RECEPTACLES. After investigation and public hearing the department of agriculture may, from time to time, as far as practicable, establish and promulgate standards for open and closed receptacles for farm products and standards for the grad…

22-703. SALE OF GRADED AND UNGRADED PRODUCTS. Whenever any standard for the grade or other classification of any farm product becomes effective under this chapter, no person thereafter shall pack for sale, offer to sell, or sell within this state any such farm product to which su…

22-703A. RETAIL SALES OF ONIONS. (1) All onions sold to the consumer by retail stores in this state shall be graded, sized and marked in accordance with United States standards for grades of onions. Nothing in the provisions of this section shall prohibit the sale of bulk onions …

22-704. INSPECTORS -- APPOINTMENT -- SUSPENSION OR REMOVAL. Upon application of any owner or person, firm, corporation or association in charge of farm products, the department of agriculture is authorized to appoint, license or designate persons to inspect and classify such farm…

22-705. APPEAL FROM CLASSIFICATION. The owner or person in possession of any farm product classified in accordance with section 22-704 may appeal from such classification to the department, under such rules and regulations as the department may prescribe, which shall issue a cert…

22-706. CERTIFICATE AS PRIMA FACIE EVIDENCE OF CLASSIFICATION. A certificate of the grade or other classification of any farm product issued under this chapter shall be accepted in any court of this state as prima facie evidence of the true grade or other classification of such f…

22-707. PENALTY FOR VIOLATION. Any person, firm, corporation or other organization who violates any provision of this chapter or of the rules and regulations made under this chapter for carrying out the provisions of this section, fails or refuses to comply with any requirement o…

22-801. FRUIT BOXES -- HOW MARKED -- MISUSE OF LABELS -- CANNED OR DRIED FRUIT EXCEPTED. (1)(a) It shall be the duty of every person growing or packing and selling, offering for sale, or shipping in boxes or packages, any fruit grown in this state, or imported into this state, to…

22-802. APPLE GRADES -- ANNUAL PUBLICATION OF REGULATIONS. It shall be unlawful for any grower thereof or association or organization of growers packing apples to mark the package with the grade of the contents unless such contents shall comply with the general rules and regulati…

22-803. INSPECTION -- CERTIFICATE OF INSPECTION. For enabling the director of the department of agriculture to investigate and certify to shippers and other interested parties the quality and condition of fruits, he shall, upon request of interested parties, inspect or cause to b…

22-804. VIOLATION -- PENALTY. Any person who violates any provision of this chapter shall, upon conviction thereof, be adjudged guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than $200, or shall be imprisoned in the county jail not …

22-901. APPLICATION OF ACT. (1) When potatoes are marketed or offered for shipment, within the state of Idaho, for packing, repacking, or processing purposes, or when potatoes are offered for sale by the grower direct to the consumer or when "Idaho Certified" seed stock, as defin…

22-902. IDAHO DELUXE. Idaho Deluxe potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics, the minimum size of which shall be either two (2) inches in diameter or four (4) ounces in weight, except as hereinafter provided for, and not less than f…

22-903. IDAHO STANDARD. Idaho Standard potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics, the minimum size of which shall be two (2) inches in diameter, or four (4) ounces in weight, except as hereinafter provided for, and not less than for…

22-904. IDAHO UTILITY. Idaho Utility potatoes shall consist of potatoes of one (1) variety or similar varietal characteristics and shall be not less than one and one-half (1 1/2) inches in diameter and which are free from freezing injury, blackheart, and soft rot or wet breakdown…

22-905. APPLICATION OF TOLERANCES. All percentages shall be calculated on the basis of weight. The tolerances for the standards are on a container basis. However, if the averages for the entire lot, based on sample inspection, are within the tolerances specified in the standards,…

22-906. BAKERS. When potatoes, sized six (6) ounces or larger, are packed in containers branded in accordance with the grade to which they conform, they may, in addition, carry a tag or brand bearing the designation "Idaho Bakers."

22-907. CONTAINERS. The term "containers" means cloth, plastic, paper, or fiber sacks (such as are customarily used in the shipment of potatoes), cartons, barrels, boxes, crates, hampers, or baskets. Cloth or fiber sacks in which potatoes not exempt under the provisions of this a…