I D A H O S T A T E L E G I S L A T U R E
TITLE 22 AGRICULTURE AND HORTICULTURE
CHAPTER 36 - APPLE COMMISSION
22-3601.Purpose. It is to the best interests of all the people of the state of Idaho that the abundant and natural resources of Idaho be protected, fully developed and uniformly distributed. It is in the public interest and within the exercise of the police power of the state to protect the public health; to prevent fraudulent practices; to provide the means for the development of markets; production research; and new product development and promotion of the apple industry.
22-3602.Commission created -- Qualification of members. There is hereby created in the department of self-governing agencies an Idaho apple commission, to be thus known and designated. The commission shall be composed of three (3) practical apple growers and two (2) practical apple dealers.
The three (3) grower members shall be citizens and residents of this state, over the age of twenty-five (25) years, each of whom is and has been actively engaged in the growing and producing of apples within the state of Idaho, and a major portion of his income from apples has been derived from growing apples.
The two (2) dealer members shall be persons who, either individually or as executive officers of a corporation, firm, partnership, association or cooperative organization are and have been actively engaged as dealers of apples within the state of Idaho, are citizens and residents of this state; are over the age of twenty-five (25) years, and a major portion of their income from apples has been derived from handling, packing, shipping, buying or selling apples, or acting as sales or purchasing agent, broker or factor of apples.
The qualifications of members of the commission as herein set forth must continue during their term of office. The commission shall elect its chairman. Each member of the commission shall be compensated as provided by section 59-509(d), Idaho Code.
22-3603.Definitions. As used in this act, unless the context requires otherwise:
(1) "Commission" means the Idaho apple commission.
(2) "Grower" means any landowner personally engaged in growing apples, a tenant personally engaged in growing apples, or both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper, or any and all other business units, devices and arrangements, that grow apples.
(3) "Dealer" means any person, partnership, association, corporation, cooperative or other business units and devices who first handles, packs, ships, buys or sells apples, or who acts as sales or purchasing agent, broker or factor of apples.
(4) "Ship" means to load apples into any mode of conveyance for transport in the channels of trade or to market.
(5) "Processor" and "Processing Plant" means every person, partnership, association, corporation, cooperative or other business units and devices to whom and every place to which apples are delivered for drying, freezing, dehydrating, canning, pressing, powdering, extracting, cooking and for use in producing a product or manufacturing a manufactured article.
(6) "District No. 1" shall consist of the following counties: Canyon, Ada, Owyhee, Elmore, Camas, Blaine, Gooding, Lincoln, Minidoka, Jerome, Twin Falls, Cassia, Power, Oneida, Bannock, Franklin, Bear Lake, Caribou, Bonneville, Madison, Teton, Jefferson, Fremont, Butte, Clark and Bingham.
(7) "District No. 2" shall consist of the following counties: Gem, Boise, Valley, Custer and Lemhi.
(8) "District No. 3" shall consist of the following counties: Payette, Washington, Adams, Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Shoshone, Kootenai, Bonner and Boundary.
(9) "Person" means any partnership, association, corporation, cooperative or other business units or devices.
22-3604.Commission members -- Nomination and appointment. Grower and dealer members of the commission shall be selected as follows:
(a) Two (2) grower members shall be nominated for each grower vacancy that occurs, from which the governor shall appoint one (1). The first nominees shall be nominated in the following manner: The apple committee of the Idaho Horticultural Society shall conduct meetings in each of the three (3) districts referred to in section 22-3603, and at such meetings the growers shall nominate two (2) growers for each district. The apple committee of the Idaho Horticultural Society shall call a general meeting of the Idaho apple dealers of the state of Idaho at such time and place as shall be decided by the committee for the purpose of nominating four (4) dealers, representative of the three (3) districts defined in subparagraphs (6), (7) and (8) of section 22-3603. Notice of the meetings for the nomination of growers shall be by publication in one (1) newspaper published in the major apple producing county of the district in which said nominations are to be made, and the notice shall be published in two (2) issues of such newspaper, the first to be approximately thirty (30) days and the second approximately ten (10) days before said meeting. The notice shall state the purpose, time and place of said meeting. All meetings held for the selection of nominees shall be held prior to March 31st of the year the appointment or appointments are to be made.
(b) After the original appointments to the commission all subsequent appointments shall be conducted in the same manner, except that the meetings shall be called and conducted by the commission.
(c) The governor shall select from the nominees for each district one (1) grower member and from the four (4) nominees for dealers, two (2) members, as required by this act.
(d) The governor shall appoint five (5) persons to the commission based upon the nominating petitions. Three (3) shall be growers and two (2) shall be dealers, but each dealer-nominee must be from a different district.
The first members of the commission shall draw lots to determine their respective terms of office. Two (2) of the original members shall serve for one (1) year; two (2) of the original members shall serve for two (2) years; and one (1) of the original members shall serve for three (3) years. The term of office of members of the commission thereafter shall be three (3) years, commencing on July 1, 1966. Provided, however, that both dealer members of the commission terms of office shall not expire during the same year.
Members of the commission may not serve more than two (2) consecutive terms. Provided, upon serving two (2) consecutive terms, and the lapse of one (1) full term, such member may again be nominated and appointed to the commission.
In the event there are vacancies in the commission, through death, resignation or removal, it shall be the duty of the growers and dealers as provided in section 22-3604, to submit to the governor at least two (2) qualified names for each grower vacancy, and two (2) qualified names for each dealer vacancy for the district in which the vacancy occurred. The governor shall make the appointment or appointments to fill the vacancy.
22-3605.Powers and duties. The Idaho apple 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, employees and professional personnel and other personnel, including experts in agriculture and the publicizing of the products thereof, and to prescribe their duties and fix their compensation.
(3) To establish offices and incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter.
(4) To find new markets for apples and apple products.
(5) To give, publicize and promulgate reliable information showing the value of apples and apple products for any purpose for which they are found useful and profitable.
(6) To make public and encourage the widespread national and international use of apples and apple products.
(7) To investigate and participate in studies of the problems peculiar to the growers of apples in the state of Idaho.
(8) To take such action as to the commission seems necessary or advisable in order to promote the sale of apples and to protect the apple industry.
(9) To enter into such contracts as may be necessary or advisable.
(10) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state of Idaho.
(11) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state, or the United States government, engaged in work or activity similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity and reciprocal enforcement of these objectives.
(12) To investigate and prosecute in the name of the state of Idaho violations of this act; to investigate and prosecute in the name of the state of Idaho any suit or action for the collection of assessments as hereinafter provided, or to protect brands, marks, packages, brand names or trademarks being promoted by the commission.
(13) To do any and all things that will promote the sale of apples.
(14) To keep an accurate record of all of its dealings, which shall be open to inspection by the state controller.
(15) To sue and be sued.
(16) To adopt and from time to time alter, rescind, modify and/or amend all proper and necessary rules and orders for the exercise of its powers and performance of its duties under this act.
22-3606.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 conditions reasonably require. It will investigate and ascertain the needs of growers, conditions of the market and extent to which public convenience and necessity require research and advertising to be conducted.
22-3607.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 Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.
(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited biennially by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.
22-3608.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.
22-3609.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.
22-3610.Assessments -- Packed -- For processing. There is hereby levied upon all apples grown annually in this state, and all apples packed as Idaho apples, an assessment of five cents (5¢) on each forty (40) pounds not shipped to processing plants. There is also levied an assessment of two dollars and fifty cents ($2.50) per ton on all apples shipped to processing plants for processing. This action shall not apply to any one (1) person, dealer or grower who sells less than one thousand (1,000) pounds of apples in any marketing year. All moneys collected hereunder shall be expended to effectuate the purposes and objects of this chapter.
22-3611.Assessment -- Payment -- Statement. The assessment shall be paid by the grower and shall be due on or before the time when such apples are first handled in the primary channels of trade and shall be paid at such times as the commission may by rule or regulation prescribe, but not later than sixty (60) days from the date on which the apples were handled in the primary channels of trade.
The commission shall by rule or regulation prescribe the method whereby the grower remits the assessment, and for that purpose may require the grower to file with the commission his sworn statement containing the information concerning all apples grown, handled, packed, shipped or processed by him, and the amount of tax due.
22-3612.Records. Every dealer and grower shall keep a complete and accurate record of all apples 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 preserved for a period of two (2) years, and be subject to inspection at any time upon demand of the commission or its agents.
22-3613.Assessment -- Increase. If it appears from an investigation that the revenue from the assessment levied hereunder is inadequate to accomplish the purposes of this chapter, the commission shall file with the director of the department of agriculture a report showing the necessity of the industry, extent and probable cost of the required research, market promotion and advertising, extent of public convenience, interest and necessity, and probable revenue from the assessment desired to be levied. It shall thereupon increase the assessment to a sum not to exceed ten cents (10¢) per forty (40) pounds shipped in bulk, container or any style of package; but no increase shall be made prior to filing of said report and finding. Provided, however, that no increase in such assessment shall become effective unless the same shall first be referred by the commission on a referendum mail ballot of the apple growers of this state, and be approved by two-thirds (2/3) vote of the growers of fifty per cent (50%) or more of the acreage represented in the voting.
22-3614.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 apples grown, packed, handled, shipped or processed by him, during the period prescribed by the commission. The return shall contain such further information as the commission may require.
22-3615.Inspections. The commission may inspect the premises and records of any grower, carrier, handler, packer, dealer or processor for the purpose of enforcing this act and the collection of the assessment.
22-3616.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.
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