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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 47 - IDAHO OILSEED RESEARCH AND DEVELOPMENT ACT

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 contributing to the economic welfare of Idaho. The products provided are an important and nutritious part of the human diet. Domestic demand exceeds what is produced in the United States. Moreover, the world market for oilseeds continues to expand. Idaho farmers are in an excellent position to take advantage of this demand. The university of Idaho leads the nation in research on canola and rapeseed. The research effort is critical to the competitiveness of Idaho growers and must be expanded and enhanced. It is the purpose of this chapter to promote the public health and welfare of the citizens of the state by implementing a program of research, promotion, and consumer and industry information designed to strengthen the position in the marketplace of the Idaho oilseed industry, to expand existing markets, and to develop new markets for oilseed and their products.

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 person, public or private, who resells any oilseed or any product produced from oilseed. (2) "Commission" means the Idaho oilseed commission. (3) "Delivery" means placing of oilseed into the primary channels of trade. (4) "First purchaser" means any person, partnership, association, corporation, cooperative, trust, estate, or any and all other business units, devices and arrangements that buy oilseed in this state in the first instance, or any lienholder, public or private, including the commodity credit corporation, who may possess oilseed from the grower under any lien. (5) "Grower" means any landowner, or tenant of the landowner, personally engaged in growing oilseed, or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, estate, sharecropper, or any and all other business units, devices and arrangements. (6) "Oilseed" means seeds produced for use as oil, meal, planting seed, condiment, or other industrial or chemurgic uses. (7) "Sale" includes any pledge, mortgage, or delivery of oilseed for sale after harvest to any person, public or private. (8) "Seller" means any person or entity, including growers, who sells oilseed in the first instance.

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 commission shall be composed of three (3) members appointed by the governor at the recommendation of a representative group of oilseed growers in the state of Idaho. Commission members appointed by the governor shall hold office for a term of three (3) years. The commissioners may appoint a representative from the supporting oilseed industry, who is not a grower, to serve as an ex officio member of the commission without voting privileges. The dean of the college of agriculture, university of Idaho, or his duly authorized representative, and the director of the department of agriculture shall also be ex officio members of the commission without voting privileges.

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, over twenty-five (25) years of age, and residents of the state of Idaho who are actually engaged in the growing of oilseed in the state and have been for at least the three (3) years immediately preceding appointment. Members must derive a substantial portion of their income from growing oilseed in the state of Idaho.

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, three (3) years. At the expiration of their original terms, commission members shall be appointed for a term of three (3) years. No member shall serve more than two (2) consecutive full terms. Each member shall hold office until his successor is appointed and qualified. Appointments to fill vacancies shall be for the balance of the unexpired term.

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 administration of the commission’s business.

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 duties, authorities and powers: (a) To conduct a campaign of research, education and publicity. (b) To find new markets for oilseed and oilseed products. (c) To give, publicize and promulgate reliable information showing the value of oilseed and oilseed products for any purpose for which they are found useful and profitable. (d) To make public and encourage the widespread national and international use of the special kinds of oilseed and oilseed products produced from all varieties of oilseed grown in Idaho. (e) To investigate and participate in studies of the problems peculiar to the growers of oilseed in Idaho. (3) The commission shall have the duty, power and authority: (a) To take action as the commission deems necessary or advisable to stabilize and protect the oilseed industry of the state and the health and welfare of the public. (b) To sue and be sued. (c) To enter into contracts as may be necessary or advisable. (d) To appoint and employ officers, agents and other personnel, including experts in agriculture and the publicizing of agricultural products, and to prescribe their duties and fix their compensation. (e) To advertise as the commission deems advisable and to enter into contracts and agreements for research and advertising within and without the state. (f) To cooperate with any local, state, or national organization or agency, whether voluntary or created by the law of any state or by federal law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with those organizations or agencies for carrying on joint campaigns of research, education, publicity and reciprocal enforcement. (g) To lease, purchase or own the real or personal property deemed necessary in the administration of this chapter. (h) To prosecute in the name of the state of Idaho any suit or action for collection of the tax or assessment provided for in this chapter. (i) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and rules for the procedures and exercise of its powers and the performance of its duties. (j) To incur indebtedness and carry on all business activities. (k) To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller at all times. (l) Except as otherwise provided in this chapter, information obtained from books, records, and accounts required to be maintained by this chapter and pertaining to individual production records of oilseed growers shall be kept confidential, and shall not be disclosed to the public by any person.

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 received under the provisions of this chapter shall be paid into a bank account in the name of the Idaho oilseed commission and such moneys are hereby continuously appropriated and made available for defraying the expenses of the commission in carrying out the provisions of this chapter.

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 under this act.

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 and proper to carry out the policies that are adopted by the commission. The administrator shall be paid a reasonable salary fixed by the commission, commensurate with his duties, and all necessary expenses. The administrator shall serve at the discretion of the commission members.

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 time when the oilseed is first sold or contracted in the commercial channels in this state and shall be paid at the times the commission may by rule prescribe, but not later than the 15th day of the month next succeeding the three (3) month period in which the oilseed is sold or contracted in commercial channels. The commission shall designate the quarters (three (3) month periods) for the purpose of collection of this tax. (2) The tax shall be levied and assessed to the seller at the time of delivery for sale and shall be deducted by the first purchaser from the price paid to the seller at the time of sale, or in case of a lienholder who may possess the oilseed under his lien, the tax shall be deducted by the lienholder from the proceeds of the claim secured by the lien at the time the oilseed is pledged or mortgaged. The tax shall be deducted as provided in this section whether the oilseed is stored in this state or elsewhere. The commission may, however, permit any federal corporation, such as the commodity credit corporation, to waive its responsibility for the collection of the tax, provided the amount of the tax is one dollar ($1.00) or less. (3) The tax constitutes a lien prior to all other liens and encumbrances upon the oilseed, except liens which are declared prior by operation of a statute of this state. (4) Any person or firm who pays taxes to the commission at a date later than that prescribed in this section may be subject to assessment of a late payment penalty as set forth by rule of the commission. The penalty shall not exceed the rate of eighteen percent (18%) per annum on the amount due. In addition to the penalty, the commission may recover all costs and fees, including reasonable attorney’s fees, incurred in collecting the tax and penalty provided for in this section. (5) A sale shall be exempt from the tax imposed in this section if a substantially similar tax is imposed by and paid to another state or foreign country and used for similar purposes with respect to the same oilseed. The commission shall, by rule, identify what other taxes are substantially similar and are used for similar purposes, and shall establish procedures for sellers to prove the payment of the other taxes.

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 collected pursuant to section 22-4716, Idaho Code, and shall place an amount equal to ten percent (10%) of the total amounts collected in the escrow account. At the conclusion of each fiscal year, any balance in the escrow account after paying refund claims shall be transferred to one (1) or more of the accounts established by the commission pursuant to section 22-4720, Idaho Code. (2) The commission shall refund to a seller the assessments paid by or on behalf of the seller if the seller is required to pay the assessments, the seller does not support the program established under this act, and the seller demands the refund prior to the time prescribed by the commission in rules of the commission. (3) The refund demand shall be made in accordance with rules, in the form, and within the time period prescribed by the commission. (4) The refund shall be made on submission of proof satisfactory to the commission that the seller paid the assessments described in section 22-4716, Idaho Code, and for which the refund is demanded. (5) If the amount in the escrow account is not sufficient to refund the total amount of assessments demanded by eligible sellers and the commission is not approved to continue pursuant to the referendum conducted pursuant to this act, the commission shall prorate the amount of the refunds among all eligible sellers who demand a refund. (6) If the operation of the commission is approved in the referendum conducted pursuant to this act, all funds remaining in the escrow account shall be returned to the commission for its use in accordance with this act.

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 whether the commission shall continue. (2) Notice shall be given to sellers eligible to vote in the referendum in accordance with rules established by the commission. (3) If a majority of the eligible sellers approve, the commission will be continued and the refund provisions will be terminated. (4) If a majority of eligible sellers do not approve to continue the commission, collection of the tax under this chapter shall be terminated. (5) If a majority of the eligible sellers approve of continuing the commission in the original referendum, at intervals of five (5) years, the commission shall conduct an advisory poll of qualified sellers as to the effectiveness and continuation of the commission.

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 least: (a) The name and address of the seller. (b) The name and address of the purchaser. (c) The number of pounds of oilseed sold. (d) The date of purchase. (3) The invoices shall be legibly written and shall have no corrections or erasures on the face thereof. (4) Unlawful or willful alteration of an invoice shall constitute a misdemeanor.

22-4720.Deposits and disbursement of funds. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate the banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter. (2) No moneys shall be withdrawn or paid out of such accounts except upon order of the commission and upon checks or other orders upon such accounts signed by such member of the commission as the commission designates. The commission shall establish and maintain an adequate and reasonable system of internal accounting controls. The internal accounting controls shall be written, approved and periodically reviewed by the commission. (3) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house of representatives agricultural affairs committee, the legislative council, 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. From and after January 15, 1999, 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. (4) All moneys received or expended by the commission shall be audited every second year, but shall address each year separately, by a certified public accountant designated by the commission, who shall furnish a copy of the audit to the director of legislative services and to the senate agricultural affairs committee and the house of representatives agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year. The right is reserved to the state of Idaho to audit the funds of the commission at any time. (5) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.

22-4721.Temporary line of credit for start-up costs. There is hereby established a temporary line of credit to be drawn from the state general fund to the commission in the amount of ten thousand dollars ($10,000). This sum is continuously appropriated for carrying out the purposes of this act. The temporary line of credit may be drawn upon by the commission only during the first eighteen (18) months after the effective date of this act and only for the purpose of financing the initial start-up of the commission. The commission may draw upon all or part of this temporary line of credit, as may be required. The money advanced from the state general fund shall be repaid with interest to the general fund within two (2) years from the date the commission first draws upon the temporary line of credit. The interest of ten percent (10%) per annum shall be calculated upon the principal amount outstanding each month until repaid.

22-4722.Penalties. Any person who shall violate or aid in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300), or imprisonment not to exceed ninety (90) days, or both. Fines collected for violation of this chapter shall be paid into the "Idaho oilseed commission fund."

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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 1 - DEPARTMENT OF AGRICULTURE

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 department of agriculture shall exercise all of the powers and duties necessary to carry out the proper administration of the department of agriculture. The department of agriculture shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of the state government. (2) The director shall be a person who is qualified by training, knowledge and demonstrated ability or experience in agricultural pursuits and their management. (3) The director is empowered to prescribe rules pursuant to law for the governance of the department. (4) For the purposes of international trade, the director may use the title of secretary of the department.

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 divisions and subordinate units.

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, human life or crops for the purposes of issuing permits to persons to shoot or attempt to shoot, capture, harass or kill unprotected or predatory animals, as designated by the director, while such person is airborne in an aircraft, under authority vested in such agency by public laws 92-159 and 92-502. The director shall issue such permits to applicants at no charge and shall require each permittee to submit a report each calendar quarter. The director also shall file with the United States secretary of the interior an annual report as prescribed in public laws 92-159 and 92-502. The director is authorized to promulgate such regulations as may be necessary for the effective administration of this subsection. Any violation of such regulations shall constitute a civil offense for which a civil penalty of not to exceed one thousand dollars ($1,000) may be imposed per incident of violation.

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 duties and evaluate the performance of all employees of the department. (2) Designate employees for special assignment, office or function as the needs of the department may require. (3) Acquire, generate, develop and disseminate information and data concerning agricultural pursuits, productivity and product quality. (4) Encourage and promote in every practical manner, the interests of agriculture, horticulture, apiculture, aquaculture, the livestock industries, poultry and fowl raising, wool and fur-bearing animals and their allied industries. (5) Assist, encourage and promote the organization of farmers’ institutes, agricultural, horticultural, management or cooperative societies and organizations for the benefit of agricultural pursuits in this state. (6) Promote improved methods of production, storage, sales and marketing of agricultural industries. (7) Establish and promulgate standards of construction, use and sanitation of open and closed receptacles for farm products, and standards for grade or other classification of farm products. (8) Prescribe and promulgate rules governing marks, brands and labels, and the registration thereof, for use upon receptacles for farm products. (9) Promote, in the interest of the public, economical and efficient use of products and commodities used in the production of agricultural, horticultural, meats and other products and farm commodities and their distribution. (10) Cooperate with producers, processors and consumers in devising and maintaining economical and efficient systems of distribution, and to assist in the reduction of waste and expense incidental to the marketing of agricultural products. (11) Gather and diffuse timely information and statistics concerning supply, demand, prevailing prices and commercial movement of agricultural products. (12) Maintain a market news service, including information concerning crops, freight rates, commission rates and such other information as may be of service to producers and consumers, and to act as a clearinghouse for information between producers and consumers. (13) Cooperate with the secretary, colleges and universities, experiment stations, and other agencies which cooperate in devising, research and development and utilization of improved agricultural production and other activities. (14) Investigate the practices, methods of factors, management techniques of commission merchants, track buyers and others who receive, solicit, buy, sell, handle on commission or otherwise, or deal in grains, eggs, livestock, vegetables or other products used as human foods, to the end that distribution of such commodities through such factors, commission merchants, track buyers and others be efficiently and economically accomplished without hardship, waste or fraud. (15) Enter and inspect any right-of-way of any irrigation canal, railway, public highway, field, orchard, nursery, fruit or vegetable packing house, store room, sales room, storage facility, depot or other place where fruits and vegetables are grown or stored and to inspect fruits, trees, plants, vines, shrubs or other articles within the state, and if such places or articles are infested with pests, insects or their eggs or larvae, or with any contagious or transmittable diseases injurious to plant life, to abate or eradicate the same as a nuisance. (16) Provide treatment for and prevent the spread of infectious or communicable diseases among bees, livestock, fur-bearing animals or domestic animals through the systematic and periodic inspection, testing or treatment of such bees and animals at the expense of the owner thereof. (17) Protect the livestock interests of the state from losses due to disease or hazards to animal health and communicable to humans through agricultural products. The director is authorized to regulate, as deemed necessary, commercial livestock truck washing facilities. This includes permitting for the treatment or disposal, at any location, of any wash water generated by the facility. This subsection preempts Idaho department of environmental quality’s authority to issue land application permits and to do plan and specification reviews under section 39-118, Idaho Code, for livestock truck wash facilities, but does not affect any other authority of the Idaho department of environmental quality. (18) Maintain recording of earmarks, eartags or other identifying marks not covered under any other provisions of law. (19) Purchase, lease, hold, sell, and dispose of real and personal property of the department when, in the judgment of the director, such transactions promote the purposes for which the department is established. (20) Contract with any state agency, federal agency or agency of another state concerning any matter, program or cooperative effort within the scope and jurisdiction of its authority pursuant to law. (21) Assist in the improvement of country life, farm occupations and to cooperate in effectuating equality of opportunity of those employed in agricultural pursuits in the state of Idaho. (22) Investigate diseases, contamination of livestock and poultry, agricultural, horticultural, and farm products, suspected to be infected or contaminated by bacterial, viral, protozoal, parasitic, chemical, nuclear, botanical or other disease-producing agents, or carrying a residue of any such disease-producing agent or chemical in excess of any tolerance established by federal or state law or regulation and to examine, conduct tests, and issue "hold orders" on any livestock, poultry, agricultural, horticultural or farm products as deemed necessary to effectuate a diagnosis of disease, contamination or chemical level to safeguard and protect animal and man. And additionally, authorize and implement a predator control program on state and private lands using any kind of toxic material or substance suitable for such purpose. Any toxic material or substance shall be approved for use by the director. In order to carry out the provisions of this subsection (22), the director shall prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho Code. (23) Prescribe by rule an interest charge which may be assessed on all accounts which are thirty (30) days past due from the initial billing date or the assessment due date. The interest rate charged shall not exceed twelve percent (12%) per annum. (24) To take all steps that are deemed necessary to prevent and control damage or conflicts on federal, state, or other public or private lands caused by predatory animals, rodents, or birds, including threatened or endangered wildlife within the state of Idaho as are established by federal or state law, federal or state regulation, or county ordinance, that are injurious to animal husbandry, agriculture, horticulture, forestry, wildlife and human health and safety. (25) To administer oaths, certify to all official acts and subpoena any person in this state as a witness; to compel through subpoena the production of books, papers, and records; and to take the testimony of any person on deposition in the same manner as prescribed by law in the procedure before the courts of this state. A subpoena issued by the director shall extend to all parts of the state and may be served by any person authorized to do so. All powers of the director enumerated in this subsection (25) with respect to administering oaths, power of subpoena, and other powers in hearings on complaints shall likewise be applicable to hearings held on applications for the issuance or renewal of licenses. (26) To appoint, as necessary, committees for the purpose of advising the director on any and all matters relating to agricultural programs within the Idaho department of agriculture. (27) Cooperate with producers, industry and technology groups, and other agencies to encourage the growth of technology within the state’s agricultural industries while protecting, as necessary, the integrity of existing agriculture and agricultural marketing channels.

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 another account or accounts, shall be credited to the agriculture department inspection account, which is hereby created in the treasury of the state of Idaho. (2) Moneys received by the division of animal industries for sales of licenses, for inspections or fines shall be deposited to the livestock disease control and T.B. indemnity account. (3) Moneys received by the department of agriculture under the bonded warehouse law and the weightmaster’s licensing act shall be deposited to the credit of the general account.

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 administrative expenses of the department, salaries and/or wages of the director and of subordinates and employees, expenses of travel, communication, supplies, equipment, fixed charges, inspection, and all other necessary expenses of the department of agriculture in carrying out its functions and the duties enjoined on it by law, not otherwise provided for, and this appropriation is intended as a continuing appropriation of said fund for the uses and purposes herein mentioned; and all claims against the said agricultural department inspection fund shall be examined by said department of agriculture and certified to the state controller, who shall, upon the approval of the board of examiners, draw his warrant against said agricultural department inspection fund for all bills and claims so allowed by said department of agriculture.

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 provision of a law or regulation made pursuant thereto under the jurisdiction of the department of agriculture.

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 hazard controls, good manufacturing practices, food safety manuals for packhouse operations, sanitation standards and operating procedures for producers and packers, laboratory analyses and testing, inspecting, grading, sampling and all similar things. It may also provide for reasonable fees for performing such voluntary services; the moneys derived from this activity shall be received and handled as provided for by sections 67-3609 and 67-3611, Idaho Code. The department of agriculture may also receive and use as directed any donations, grants or federal funds available for such purposes to be accounted for as prescribed by the state controller and any such moneys the department receives are hereby appropriated for the purpose for which they are received only, and may be spent for such purposes by the department of agriculture.

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 each variety may be produced or stored. The director shall promulgate rules and regulations in compliance with chapter 52, title 67, Idaho Code, that may be necessary for the efficient enforcement of the provisions of this section and may prescribe grade and quality standards for rapeseed. (2) The director may, by rule and regulation, establish a schedule of fees for services performed by the department in the administration of this section and rules and regulations promulgated pursuant thereto, and the director may levy a fee on each hundredweight of rapeseed produced in this state sufficient to defray the costs of administering the provisions of this section and rules and regulations promulgated pursuant thereto. Receipts of these fees shall be deposited in the agricultural inspection account created pursuant to section 22-105, Idaho Code, and shall be used, subject to annual appropriation of the legislature, to pay the cost of administering the provisions of this section and rules and regulations promulgated pursuant thereto. (3) Every violation of the provisions of this section and any rules and regulations promulgated pursuant thereto shall be a misdemeanor and shall be punished by a fine not exceeding one thousand dollars ($1,000).

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 ten per cent (10%) or more Idaho producers of a particular commodity or if the department of agriculture receives a written request for a referendum from a commodity commission, the department of agriculture may provide for a referendum by a commodity to determine if a mandatory assessment should be levied on the commodity producer group for the specific quality assurance laboratory program purposes identified in the referendum. No assessment shall become effective unless the same shall first be referred on a referendum mail ballot to producers of that commodity in this state and is approved by a majority of the producers voting in the referendum. (2) All moneys derived from the assessment and collected by a commodity commission shall be deposited in one (1) or more separate accounts in the name of the commission in one (1) 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 specific purposes identified in the referendum. (3) All moneys derived from the assessment and collected by the department of agriculture shall be deposited with the state treasurer and be credited to the agriculture department inspection account. All funds so deposited are hereby continuously appropriated for the specific purposes identified in the referendum. (4) The department of agriculture shall be reimbursed for the costs of the referendum by moneys derived from the assessment. (5) The director of the department of agriculture shall have the authority to implement the provisions of any approved referendum and may promulgate rules necessary for carrying out the purposes of this section.

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 agricultural activities to safeguard and protect animals, man and the environment. The director may promulgate rules in compliance with chapter 52, title 67, Idaho Code, that may be necessary for the efficient enforcement of the provisions of this section. The director may collaborate with any state agency, federal agency or other governmental entity in the development of rules promulgated pursuant to this section. (2) The director may, by rule, establish a schedule of fees for services performed by the department in the administration of this section and rules promulgated pursuant thereto. Receipts of these fees shall be deposited in the agricultural inspection fund pursuant to section 22-104, Idaho Code, and shall be used, subject to annual appropriation of the legislature, to pay the cost of administering the provisions of this section and rules promulgated pursuant thereto. (3) Any person violating the provisions of this section or rules promulgated pursuant thereto may be assessed a civil penalty by the department or its duly authorized agent of not more than three thousand dollars ($3,000) for each offense and shall be liable for reasonable attorney’s fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged has been given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the department is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under this section may, within twenty-eight (28) days of the final agency action making the assessment, seek judicial review of the assessment in accordance with the provisions of chapter 52, title 67, Idaho Code. Moneys collected for violations of this section or rules promulgated thereunder shall be deposited in the state treasury and credited to the agricultural inspection fund. When the director identifies items of noncompliance with the rules promulgated pursuant to this section, appropriate corrective actions will be identified. The director may develop a formal compliance schedule as appropriate to correct deficiencies. The director may, through the formal compliance schedule, allow all or part of the value of assessed civil penalties to be applied toward correction of deficiencies.

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 domestic and international promotion and certification of Idaho agricultural products. Programs authorized by this section are for the purpose of promoting Idaho agricultural products and/or to certify that Idaho agricultural products meet required standards in order to move in commerce. Programs authorized by this section are to be funded by the assessment of fees directly related to the provision of voluntary services and programs authorized and provided by rules adopted pursuant to this section. Fees assessed and collected pursuant to rules adopted according to this section shall be deposited in the agricultural department inspection fund and subject to the provisions of section 22-105, Idaho Code. (2) Commissions, boards, associations, or other organizations authorized by statute to promote or regulate agricultural products grown, packed, or processed in the state of Idaho under Idaho law shall be the primary and principal promotion and certification mark and trademark organizations for the particular commodity they are authorized to promote or regulate. Any trademarks, certification marks, brands, seals, logos or other identification marks, whether registered or not, that are established, owned or used by such commissions, boards, associations or organizations shall remain their sole property, and any use or infringement of their ownership right is prohibited unless written permission is obtained from an authorized representative of the commission, board, association or organization. (3) A commission, board, association or other organization referenced in subsection (2) of this section may, upon a request to and acceptance by the Idaho department of agriculture, participate in the promotion and certification programs administered by the department, including the payment of fees as required by rules adopted pursuant to subsection (1) of this section. (4) Neither the Idaho department of agriculture, nor any agricultural entity referenced in subsection (2) of this section, shall be responsible for any negligent or other tortious act of the other while participating in a joint promotional activity.

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