Title 22, AGRICULTURE AND HORTICULTURE

22-4203. Definitions. Wherever used or referred to in this act, unless the context requires otherwise: (1) "Commission" means the Idaho alfalfa and clover commission. (2) "Grower" means any landowner personally engaged in growing alfalfa seed or clover seed, a tenant personally e…

22-4204. Creation of commission — Members — Qualifications — Compensation. (1) There is hereby created and established in the department of self-governing agencies an alfalfa and clover seed commission to be thus known and designated. The commission shall be composed of seven (7)…

22-4205. nominations for grower members of commission — qualifications. (1) For the purpose of nominating grower members of the commission, at a meeting of the Idaho alfalfa and clover seed growers association, the board of directors shall review the names of active growers in Id…

22-4206. Vacancies — Terms. Any office which becomes vacant before expiration of the member’s term shall be filled by appointment in the manner provided for regular appointments. The term of office of the members of the commission shall be three (3) years. Members of the commissi…

22-4207. Powers and duties of commission. 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 a research director…

22-4208. Receipt of gifts — Payable to commission. 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 received und…

22-4209. Liability of state for commission. 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.

22-4210. Assessment on alfalfa seed and clover seed. There is hereby levied on all alfalfa seed and clover seed grown annually in this state, all alfalfa seed sold as Idaho alfalfa seed and all clover seed sold as Idaho clover seed, an assessment of one cent ($0.01) per pound of …

22-4211. Time for payment of assessments — Recovery of payment from grower. All assessments levied and imposed under and pursuant to the provisions of this chapter shall be paid to the commission by the person, either grower or dealer, by whom the alfalfa seed or clover seed is f…

22-4212. Request for refund of assessment — Manner of filing request. Any person who has paid assessments to the commission herein shall have the right to require such commission to refund all or any portion of the assessment levied under the laws of such commission and paid by t…

22-4213. Failure to pay assessment — Penalty. Any grower or dealer who fails to make collection or file 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 assess…

22-4214. Dealer’s records of seed handled — Open to inspection by commissioner. Every dealer shall maintain accurate records of all alfalfa seed and clover seed handled, packed, shipped or processed by him. The record shall be in such form and contain such information as the comm…

22-4215. Deposit of assessments — Withdrawal method — Expenses — Bond required — Audit. (1) All receipts for the commission will be deposited within five (5) working days of being received, all moneys received by the commission from the assessment levied under section 22-4210, Id…

22-4216. Increase in assessment. If it appears from an investigation that the revenue from the assessment levied under this act 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 …

22-4217. Violation — Penalty. Every person who shall violate or aid in the violation of any of the provisions of this act, or any of the rules, regulations or order of the commission adopted pursuant to the authority conferred by this act, upon conviction thereof, shall be punish…

22-4218. Liberal construction. This act shall be liberally construed, and if any part or portion thereof be declared invalid, or the application thereof to any person, circumstance or thing is declared invalid, the validity of the remainder of this act and/or the applicability th…

22-4501. Legislative findings and intent. The legislature finds that agricultural activities conducted on farmland in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from agricultural uses,…

22-4502. Definitions. As used in this chapter: (1) "Agricultural facility" includes, without limitation, any land, building, structure, ditch, drain, pond, impoundment, appurtenance, machinery or equipment that is used in an agricultural operation. (2) "Agricultural operation" me…

22-4503. Agricultural operation, agricultural facility or expansion thereof not a nuisance — Exception. No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding no…

22-4504. Local ordinances. No city, county, taxing district or other political subdivision of this state shall adopt any ordinance or resolution that declares any agricultural operation, agricultural facility or expansion thereof that is operated in accordance with generally reco…

22-4505. nuisance actions. (1) An agricultural operation, agricultural facility or expansion thereof shall not be found to be a nuisance under the circumstances described in section 22-4503, Idaho Code. (2) An agricultural operation, agricultural facility or expansion thereof tha…

22-4506. severability. If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the inval…

22-4601. Definitions. As used in this chapter: (1) "Aquaculture" means the husbandry of aquatic plants and animals, both public and private. (2) "Aquaculture facility" means any facility, hatchery, pond, lake or stream or any other waters where fish are held, raised and produced …

22-4602. License required — Purchases — Inspections. (1) No person shall obtain, possess, preserve, or propagate fish in this state for the purpose of selling the same unless he has first secured a commercial fish rearing license from the director. Such license may be issued by t…

22-4603. Rules. The director is authorized to promulgate rules in accordance with chapter 52, title 67, Idaho Code, for the administration and implementation of this chapter including, but not limited to, rules concerning onsite inspections, standards for maintenance of fish heal…

22-4604. Penalties. Any person violating the provisions of this chapter or any rule promulgated by the director pursuant thereto shall be subject to an administrative penalty not to exceed one thousand dollars ($1,000) for each offense. In addition to or in lieu of such penalty, …

22-4605. Commercial fisheries/aquaculture account. License fees and penalties collected under section 22-4604, Idaho Code, and any other moneys received by the department for research or other purposes related to commercial fisheries or aquaculture shall be deposited in the comme…

22-4701. Short title. This chapter shall be known and may be cited as the "Oilseed Research and Development Act."

22-4702. Declaration of legislative policy and purpose. It is in the best interests of the state of Idaho that its abundant natural resources be efficiently used and effectively managed for the benefit of its citizens. The oilseed industry is rapidly developing and significantly …

22-4703. Definitions. As used in this chapter, unless the context requires otherwise: (1) "Commercial channels" means the sale of oilseeds for food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any …

22-4704. Idaho oilseed commission created — Members. There is hereby created and established in the department of self-governing agencies a commission which shall be exclusively known and referred to as the Idaho oilseed commission on and after the effective date of this act. The…

22-4705. Qualification of members. Members of the commission shall be nominated and appointed because of their ability and willingness to serve the interests of the state of Idaho and their knowledge of the state’s natural resources. Members shall be citizens of the United States…

22-4706. Terms of members. Beginning July 1, 1996, the first members of the commission shall be appointed by the governor for terms of one (1) to three (3) years each as follows: at-large member, one (1) year; southern district member, two (2) years; northern district member, thr…

22-4707. Compensation of members. Members of the commission shall be compensated as provided in section 59-509(h), Idaho Code.

22-4708. Chairman and administrator of commission. The commission shall elect a chairman who is a commission member and may employ an administrator who is not a member of the commission, or may contract with another state agricultural commission or similar agency for the administ…

22-4709. Meetings of the commission. The commission shall meet at least once every three (3) months regularly and at other times as required by the chairman. The chairman may call special meetings of the commission at any time or place.

22-4710. Duties and powers of the commission. (1) The commission shall establish the policies to be followed in the accomplishment of and consistent with the general purposes of this chapter. (2) In the administration of this chapter, the commission shall have the following dutie…

22-4711. 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 chapter which may be specified as a condition of any grant, donation or gift. All funds r…

22-4712. 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 prescribed by chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense unde…

22-4713. Appointment of administrator — Duties and salary. The commission may appoint an administrator to devote as much time to the administration of the act as deemed necessary by the commission. He shall proceed immediately to prepare the plans and general program necessary an…

22-4714. Establishment of administrator’s office. For the convenience of the majority of those most likely to be affected in the administration of this chapter, the administrator, upon recommendation of the commission, shall establish and maintain an office for the administrator.

22-4715. 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 of its members, or any officer, agent or employee of the commission.

22-4716. Imposition of tax — Late fees. (1) From and after the first day of July 1996, there is hereby levied and imposed a tax of ten cents (10¢) per hundred weight on all oilseed sold or contracted in this state through commercial channels. The tax shall be due on or before the…

22-4717. Assessment refunds — Escrow account. (1) During the period beginning on July 1, 1996, and ending on the date on which a referendum is conducted pursuant to section 22-4718, Idaho Code, the commission shall establish an escrow account to be used for refunds of assessments…

22-4718. Referendum. (1) During the period ending thirty (30) months after July 1, 1996, the commission shall conduct a referendum among sellers who, during a representative period as determined by the rules of the commission, have sold oilseed for the purpose of ascertaining whe…

22-4719. Delivery of invoices to sellers. (1) The purchaser, at the time of settlement, shall make and deliver separate invoices for each purchase to the seller. (2) The invoices shall be on forms and in such numbers as prescribed and supplied by the commission and shall show at …