Section 22-5405 – INSPECTIONS.
22-5405. INSPECTIONS. (1) The director, during normal business hours, may enter any farm or facility that grows, harvests, packs or holds produce for human consumption to: (a) Inspect that farm or facility to determine whether this chapter and the rules promulgated under this chapter are being violated; (b) Review and copy the farm or facility’s […]
Section 22-5406 – VIOLATIONS — PENALTIES.
22-5406. VIOLATIONS — PENALTIES. (1)(a) It is a violation for any person to: (i) Fail to comply with any of the provisions of this chapter or any rules promulgated under this chapter; or (ii) Interfere or attempt to interfere with the director in the performance of his duties under this chapter or rules promulgated under […]
Section 22-5407 – COORDINATION WITH DEPARTMENT OF HEALTH AND WELFARE.
22-5407. COORDINATION WITH DEPARTMENT OF HEALTH AND WELFARE. (1) In the event the department of health and welfare or the Idaho state department of agriculture finds or has probable cause to believe that any produce: (a) Is adulterated within the meaning of chapter 1, title 37, Idaho Code; (b) Is so misbranded as to be […]
Section 22-5403 – DEFINITIONS.
22-5403. DEFINITIONS. As used in this chapter: (1) "Department" means the Idaho state department of agriculture. (2) "Director" means the director of the Idaho state department of agriculture or the director’s designee. (3) "Facility" in this chapter also includes a "mixed-type facility" as defined in the produce safety rule. (4) "Farm" has the same meaning […]
Section 22-5404 – ADMINISTRATION — ENFORCEMENT — RULES AND COOPERATION.
22-5404. ADMINISTRATION — ENFORCEMENT — RULES AND COOPERATION. (1) The department is authorized to administer and enforce this chapter. The authority granted to the department under this chapter is in addition to, and not in lieu of, any other lawful authority granted to the department under state or federal law to administer and enforce requirements […]
Section 22-5124 – ADVISORY COMMITTEE.
22-5124. ADVISORY COMMITTEE. (1) There is hereby created a seed indemnity fund advisory committee appointed by the director consisting of nine (9) members representing the diversity of the industry. Appointments shall be for up to three (3) year terms, each term ending on the same day of the same month as did the term preceding […]
Section 22-5125 – PROOF OF CLAIMS — PROCEDURE — HEARING.
22-5125. PROOF OF CLAIMS — PROCEDURE — HEARING. After the director has declared a failure, the department shall process the claims of producers having paid or owing assessments who: (a) produce written evidence of transfer together with the amounts of their unpaid claims, and (b) have "stored for withdrawal" and provide written evidence of deposit. […]
Section 22-5126 – FAILURE TO FILE — LOSS OF CLAIM ON FUND.
22-5126. FAILURE TO FILE — LOSS OF CLAIM ON FUND. No claim shall be paid from the fund to a producer who refuses or neglects to file a verified claim against a seed buyer: (1) Within ninety (90) days from the date prescribed in the "notice of failure," or within the time limits of section […]
Section 22-5127 – MINIMUM BALANCE FOR CLAIMS — TERMINATION OF LIABILITY.
22-5127. MINIMUM BALANCE FOR CLAIMS — TERMINATION OF LIABILITY. No claims of producers shall be paid when the balance in the seed indemnity fund is reduced to two hundred fifty thousand dollars ($250,000). If the director cannot fully pay producers’ claims without exceeding the minimum balance, he shall pay claims pro rata until the seed […]
Section 22-5128 – PAYMENT FROM FUND — DEBT OF SEED BUYER OR SURETY — REIMBURSEMENT — ACCRUAL OF CAUSE OF ACTION.
22-5128. PAYMENT FROM FUND — DEBT OF SEED BUYER OR SURETY — REIMBURSEMENT — ACCRUAL OF CAUSE OF ACTION. Amounts paid from the seed indemnity fund in satisfaction of any approved claims shall constitute a debt and obligation of the seed buyer against whom the claim was made and its surety. The director may bring […]