Title 22 — AGRICULTURE AND HORTICULTURE

22-101. Department created — Appointment of director — Rules. (1) There is hereby created the department of agriculture. The governor shall appoint a director of the department of agriculture, subject to the provisions of section 67-2404, Idaho Code. The director of the departmen…

22-101A. Rules of the director. (1) The legislature directs that any rule proposed by the director that is broader in scope or more stringent than federal law or regulations, or proposes to regulate an activity not regulated by the federal government, is subject to the following …

22-102. Organization of department — Divisions. The director shall organize the department into such divisions and other administrative subunits as may be necessary in order to efficiently administer the department. The director may apportion duties and responsibilities among the…

22-102A. Aircraft use in controlling unprotected or predatory animals. The director of the department of agriculture is hereby designated as the authorized agent of this state to aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, hu…

22-103. Duties of director. The director of the department of agriculture shall execute the powers and discharge the duties vested by law in him or in the department, including, but not limited to, the following: (1) Pursuant to chapter 53, title 67, Idaho Code, hire, assign duti…

22-104. Agriculture department inspection account — Other accounts. (1) All moneys received by the department of agriculture for any inspection, which the department by law may be authorized or required to make, except those moneys specifically received for and credited to anothe…

22-105. Agricultural department inspection fund — Continuing appropriation. All moneys coming into the said agricultural department inspection fund from whatever source are hereby appropriated and set aside for the uses and purposes of the department of agriculture, including adm…

22-106. Injunction. In addition to the other remedies, criminal or civil, provided by law, the department of agriculture may apply to the district courts for, and the district courts are vested with, civil jurisdiction to enforce, prevent, restrain or enjoin violations of any pro…

22-107. Voluntary services for public — Fees — Appropriation of moneys. The department of agriculture may after notice and hearing provide by rule for voluntary services to be performed by it at the request of the public, such as developing and implementing services relating to h…

22-108. Authority and duties of director concerning rapeseed. (1) In addition to other powers and duties, the director of the department of agriculture shall have regulatory authority to specify the varieties of rapeseed produced in the state and the geographical locations where …

22-109. Quality assurance laboratory program — Mandatory assessment referendum authority. (1) In addition to the authority of commodity commissions to levy assessments and conduct referendums, if the department of agriculture receives a petition requesting a referendum signed by …

22-110. Authority and duties of director concerning agricultural waste. (1) In addition to other powers and duties, the director of the state department of agriculture shall have authority to regulate agricultural solid waste, agricultural composting and other similar agricultura…

22-112. Promotion and certification of Idaho agricultural products. (1) Except as provided in subsection (2) of this section, the department of agriculture may promulgate rules in compliance with chapter 52, title 67, Idaho Code, for the purpose of assisting others in the domesti…

22-113. united states food and drug administration food safety modernization act — regulations for human food processing. The Idaho legislature hereby directs that the Idaho state department of agriculture shall be the contracting agency for inspections in the state of Idaho that…

22-201. Creation of county fair boards. County fair boards for the purpose of conducting county fairs may be created in the following manner: A petition signed by at least five (5) and not more than ten (10) persons, each of whom must be a qualified elector of the county may be f…

22-202. Hearing of objections — Order creating board — Appointment and selection of members. The board shall meet on the day fixed, at which time any voter or taxpayer residing within the county may appear and object to the form of the petition, the genuineness of the signatures,…

22-202A. Designation of county fair board as advisory body. In counties with a population of two hundred thousand (200,000) persons or more, the board of county commissioners may provide by ordinance that the county fair board shall function as an advisory board to the board of c…

22-203. Time for creation. The county fair board may be created under the provisions of this act at any time before the first Monday in July in any year.

22-204. Duties of county fair board — Bonds of members — Meetings — Further duties. The county fair board shall be charged with the care and custody of all property belonging to the county and used for fair purposes, and shall be responsible for all moneys received by it, raised …

22-205. Secretary and treasurer of county fair board. The county fair board shall select and employ a competent secretary whom they shall vest with general managerial powers subject to the provisions of this act. It shall also appoint a treasurer. The office of secretary may be c…

22-206. Budget of funds for county fair purposes — Taxing unit under Idaho Budget Law — Maintenance of idle property. For the purpose of determining what funds must be raised by taxes for county fair purposes, the county fair board shall meet on the first Monday of February of ea…

22-207. Disposition of moneys remaining after fair conducted or awards paid. (1) Any moneys remaining on hand after a county fair has been conducted within the county pursuant to the provisions of this act shall not be paid into the current expense fund of such county, but shall …

22-208. Expenses of board members. The members of the county fair board shall be paid their actual and necessary expenses out of the funds provided for fair purposes, upon approval of claims for the same by the board of county commissioners.

22-209. Police and fire protection for county fairs. Notwithstanding any law to the contrary, any municipality in this state, having contiguous to its boundaries an established county fair ground, may by ordinance duly passed, extend to such county fair grounds, the police and fi…

22-301. Formation of districts. Two (2) or more counties within the state may group themselves together and form a fair district. Petitions fully setting out their purpose, the number of counties to be included within the proposed district, and praying for the formation of such a…

22-302. Canvass of petitions — Order on petition — Joint meeting of county boards. The respective boards shall meet in their respective counties on the day fixed and canvass the petitions, and ascertain that they are signed by the requisite number of voters, and that they are in …

22-303. Order creating district — Subdivisions of district — Board of directors. The respective boards shall meet at the time and place fixed, and the petitions of each county shall be duly considered and canvassed, and if all, or at least three (3) of them, are found in due orde…

22-304. Duties of board of directors — Bonds and meetings. The board of directors shall be charged with the care and custody of all property of the district fair. They shall file bonds in the sum of one thousand dollars ($1,000) each. They shall designate a place within the propo…

22-305. Further duties of board of directors. The board of directors shall have power to employ a secretary, whom they may vest with general managerial powers; they shall also appoint a treasurer. The office of secretary may be combined in the same person with that of treasurer; …

22-306. Compensation and mileage of directors. Said directors shall receive as compensation thirty-five dollars ($35.00) per diem while actually engaged in the business of the district and the mileage rate established by the state board of examiners pursuant to the authority in s…

22-307. Revenue for fair purposes. Aside from the revenue derived from annual fairs or other exhibitions conducted, the necessary revenue shall be raised as follows: The board of directors shall meet the second week of November of each year, and shall make a budget of the amounts…

22-308. Addition of counties to district. A county or counties may be added to a fair district after its formation upon petition of not less than fifty-one per cent (51%) of the voters of such county or counties provided the boards of commissioners of the counties comprising such…

22-309. Fiscal year. The fiscal year of each fair district shall commence on the first day of November.

22-310. Disposition of moneys remaining after awards paid. In any case in a fair district, or any person, association or corporation with which the fair district has contracted to conduct activities permitted by law, has paid out moneys by check or warrant in the form of premiums…

22-413. Statewide jurisdiction and preemption. (1) This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the cultivation, production, processing, registration, labeling, sale, storage, transportation, distribution, notificatio…

22-414. Definitions. When used in this act: (1) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of the chapter. (2) "Agricultural seeds" includes the seeds of grass, forage, ce…

22-415. Label requirements — Agricultural, vegetable, flower, tree and shrub seeds. Before each container of seed is sold, offered for sale, exposed for sale, or delivered under a contract within this state for sowing purposes, it shall bear thereon or have attached thereto in a …

22-416. Prohibitions. (1) It shall be unlawful for any person to sell, offer for sale, expose for sale, or deliver under a contract any seed within the state: (a) Unless the test to determine the percentage of germination required by section 22-415, Idaho Code, shall have been co…

22-417. Exemptions. (1) The provisions of sections 22-415 and 22-416, Idaho Code, shall not apply: (a) To seed or grain not intended for sowing purposes. (b) To seed in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; provided, …

22-418. Duties and authority of director. The duty of enforcing the provisions of this chapter and carrying out its provisions and requirements shall be vested in the director pursuant to section 22-103, Idaho Code. Additional duties of the director or his authorized agents shall…

22-419. Records. Each person whose name appears on the label as handling agricultural, vegetable, flower or tree and shrub seeds subject to the provisions of this chapter shall keep for a period of two (2) years complete records of each lot of agricultural, vegetable, flower or t…

22-420. Seizure. Any lot of seed not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the seed is located. In the event that the court finds the seed does not m…

22-421. Violations, prosecutions and penalties. (1) Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three thousand dollars ($3,000) or be imprisoned in …

22-421A. Injunction. When in the performance of his duties the director applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rules and regulations promulgated under…

22-434. Seed dealer’s license. An in-state seed dealer or an out-of-state seed dealer who conditions or labels or sells, for the use of others any seed, shall obtain a license from the department authorizing him to condition or label or sell such seed. A dealer shall not be entit…

22-435. State seed advisory board. (1) In order to maintain close contact between the department and the seed industry, there is hereby created a state seed laboratory advisory board which shall consist of nine (9) official members and nine (9) ex officio alternates appointed by …

22-436. Seed arbitration. (1) Requirement of arbitration. When any buyer claims to have been damaged by the failure of any seed for planting to produce or perform as represented by the required label to be attached to such seed under section 22-415, Idaho Code, or by warranty, or…

22-501. Definitions. When used in this chapter: (1) "Department" means the department of agriculture of the state of Idaho. (2) "Certified potatoes" means potatoes certified according to chapter 15, title 22, Idaho Code, the seed and plant certification act or a similar act of an…

22-502. Packing and tagging. All potatoes sold or offered for sale as "Idaho certified seed potatoes" must be packed, tagged and sealed in accordance with the Idaho rules of certification as authorized under chapter 15, title 22, Idaho Code.

22-503. Potatoes for planting. (1) All potatoes offered for sale, sold or delivered under contract or distributed into or within the state of Idaho for planting in the state of Idaho by any person from any state, territory, or country shall be certified and shall be accompanied b…