Title 69 — WAREHOUSES

69-251. Payment of purchase price. A warehouseman shall pay to the depositor the purchase price for agricultural commodities upon deposit or demand by the depositor, but not later than thirty (30) days after deposit unless otherwise agreed by the parties in writing. As used in th…

69-255. Short title — Indemnity fund program. (1) The provisions of this section and sections 69-256 through 69-267, Idaho Code, together with any definitions in this chapter, constitute the "Commodity Indemnity Fund Program." (2) The commodity indemnity fund program shall apply …

69-256. Creation of indemnity fund — Uses. (1) There is hereby established within the dedicated fund a fund to be known as the commodity indemnity fund. The commodity indemnity fund shall consist of assessments remitted by producers pursuant to the provisions of this chapter and …

69-257. Assessment — Rate — Minimum and maximum assessment. (1) Every producer shall pay an assessment to the department for deposit in the commodity indemnity fund according to the provisions of this chapter and rules promulgated by the department to implement the provisions of …

69-258. Collection and remittance of assessments — Principal amount held in trust — Interest earned — Failure to collect or remit assessments constitutes a violation — Interest and penalties for unpaid assessments. (1) The department shall promulgate rules to provide a procedure …

69-259. Funding and limits of fund. The maximum amount of the commodity indemnity fund shall be maintained between ten million dollars ($10,000,000) and twelve million dollars ($12,000,000).

69-260. Financial difficulties — Additional bond or security required. The department may, when it has reason to believe that a licensee does not have the ability to pay producers for commodities purchased, or when it determines that the licensee does not have a sufficient net wo…

69-261. Advisory committee — Terms — Compensation. (1) There is hereby created a commodity indemnity fund advisory committee consisting of nine (9) members to be appointed by the director. Appointments shall be for up to three (3) year terms, each term ending on the same day of t…

69-262. Proof of claims — Procedure — Hearing — Inspection of warehouse. In the event a warehouse or dealer fails, as defined in section 69-202(8), Idaho Code, the department shall process the claims of producers who have paid or owe assessments as required by this chapter. Claim…

69-263. Failure to file — Loss of claim on fund. If a producer, after notification, refuses or neglects to file in the office of the director his verified claim against a warehouseman or dealer as requested by the director within ninety (90) days from the date of the notice, the …

69-264. Minimum balance — Subsequent payments. The minimum balance in the commodity indemnity fund, which shall be used exclusively for purposes of paying claimants pursuant to this chapter and chapter 5, title 69, Idaho Code, shall be two hundred fifty thousand dollars ($250,000…

69-266. Payment from fund — Debt of warehouseman or dealer or surety — Reimbursement — Accrual of cause of action. Amounts paid from the commodity indemnity fund in satisfaction of any approved claim shall constitute a debt and obligation of the warehouseman, dealer, or surety ag…

69-267. Claim against warehouseman or dealer — Director’s remedies. The department may deny, suspend, or revoke the license of any warehouseman or dealer against whom a claim has been made, approved, and paid from the commodity indemnity fund. Proceedings for the denial, suspensi…

69-501. Short title. This chapter shall be known as the "Commodity Dealer Law."

69-502. Definitions. As used in this chapter, except as otherwise specified: (1) "Agricultural commodity" means any grain, wheat, barley, oats, corn, rye, oilseeds, dry edible beans, peas, lentils and other leguminous seeds and feeds (not including minerals or seed crops) or any …

69-503. License requirements — Financial responsibility. (1) A person shall not engage in the business of a commodity dealer in this state without having obtained a license issued by the department. (2) The type of license required shall be determined as follows: (a) A class 1 li…

69-504. License issuance — Renewal — Expiration. (1) The department shall issue a license when the applicant has filed the application and complied with the terms and conditions of the provisions of this chapter and the rules of the department. The license shall expire on Decembe…

69-505. Exemptions. Any person currently licensed under chapter 2, title 69, Idaho Code, is exempt from the licensing provisions of this chapter.

69-506. Bonding requirements — Cancellation — Irrevocable letter of credit or certificate of deposit in lieu of bond — Single bond. Except as provided in chapter 2, title 69, Idaho Code, an applicant for a license to operate as a commodity dealer shall, before a license will be i…

69-507. Suspension or revocation of a license. The director may, after opportunity for hearing has been afforded to the licensee concerned, suspend or revoke any license issued to any commodity dealer under the provisions of this chapter for any violation of or failure to comply …

69-508. License fees. (1) The department shall assess and collect an annual fee for each commodity dealer’s license on an original application according to the following schedule: (a) For a class 1 license the fee shall be three hundred sixty dollars ($360). (b) For a class 2 lic…

69-509. Posting of license. The commodity dealer’s license shall be posted in a conspicuous location at his place of business.

69-510. Payment of purchase price. A person required to be licensed as a commodity dealer under the provisions of this chapter shall pay the purchase price to the owner or his agent for agricultural commodities upon delivery or demand by the owner or agent, but not later than thi…

69-511. Inspection of premises, books and records — Authorization to copy. The department may inspect the premises used by any commodity dealer in the conduct of his business at any reasonable time. The department is authorized through officials, employees, or agents of the depar…

69-512. Penalties. (1) Any person who engages in business as a commodity dealer without obtaining a license or who refuses to permit inspection of licensed premises, books, accounts, records or other documents required by the provisions of this chapter or who uses a scale ticket …

69-513. Injunction. Any violation of the provisions of this chapter or any violation involving the business of a commodity dealer may be enjoined upon complaint by the director.

69-514. Credit-sale contracts. (1) A commodity dealer who purchases agricultural commodities by credit-sale contracts shall maintain books, records and other documents as required by the department to establish compliance with the provisions of this section. (2) In addition to ot…

69-515. Confidential and protected records. Records required by the department including, but not limited to, production summaries, receiving records, conditioning reports, records relating to the payment of agricultural commodities, commodity indemnity fund and seed indemnity fu…

69-516. Standardization of records and documents. The department may adopt rules specifying the form and content of scale tickets and credit-sale contracts.

69-517. Director’s authority. The director may, upon his own motion, whenever he has reason to believe the provisions of this chapter have been violated, or upon verified complaint of any person in writing, investigate the actions of any commodity dealer licensed under the provis…

69-518. Appeals from decision of director. The director shall keep a complete transcript of all proceedings and evidence presented in any hearing before him. The commodity dealer or applicant thereof, or any protestant formally appearing at a hearing before the director for such …

69-519. License denial. (1) Any person against whose commodity dealer bond a claim has been ordered collected or has actually been collected shall not be licensed by the department for a period of three (3) years from the date of such order or collection. License denial may be wa…

69-520. Drawing checks insufficiently covered a violation. Any person engaged in business as a commodity dealer, as defined in this chapter, who shall make, draw, utter or deliver any check, draft or order for the payment of money upon any bank or other depository in payment to t…

69-521. Financial statements. In order to obtain a commodity dealer’s license, the applicant shall submit an audited or reviewed financial statement prepared by an independent certified public accountant or licensed public accountant, a statement of current assets and current lia…

69-522. Action on bond, certificate of deposit or irrevocable letter of credit by producers injured. Any producer injured by the breach of any obligation for which a bond, certificate of deposit or irrevocable letter of credit is written, under the provisions of section 69-506, I…

69-523. Publication of reports. The department of agriculture may publish the results of any investigations made under the provisions of this chapter and may publish the names and addresses of persons licensed under this chapter and a list of all licenses terminated under this ch…

69-524. Rules. The department of agriculture shall make such rules as it may deem necessary for the efficient execution of the provisions of this chapter.

69-525. Duty to prosecute. It shall be the duty of each prosecuting attorney to whom any violation is reported by the department to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction.

69-526. Cooperation with governmental agencies and private associations. The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpos…