Section 22-5101 – SHORT TITLE OF ACT.
22-5101. SHORT TITLE OF ACT. This act shall be known as the "Seed Indemnity Fund Law." History: [22-5101, added 2002, ch. 256, sec. 1, p. 736.]
Section 22-5102 – DEFINITIONS.
22-5102. DEFINITIONS. As used in this chapter: (1) "Contract" means an agreement which may include, but is not limited to, those contracts commonly referred to as production, credit sale, bailment, deferred payment, deferred or price later contracts. (2) "Delivery voucher" means a form, other than a receipt or scale weight ticket, authorized by rules of […]
Section 22-5103 – LICENSES.
22-5103. LICENSES. (1) Prior to beginning operation, a person intending to operate as a seed buyer shall first procure a license from the department. Each license issued pursuant to this chapter shall be issued for a period of one (1) year and the license or legible copy thereof shall be prominently displayed in each place […]
Section 22-5104 – BONDS — IRREVOCABLE LETTERS OF CREDIT — CERTIFICATES OF DEPOSIT — SINGLE BOND.
22-5104. BONDS — IRREVOCABLE LETTERS OF CREDIT — CERTIFICATES OF DEPOSIT — SINGLE BOND. Every person applying for a license shall execute and file with the department a good and sufficient bond issued by an insurer authorized to transact such insurance in this state. The bond shall be in favor of the seed indemnity fund […]
Section 22-5105 – AMOUNT OF BOND — NOTICE OF CANCELLATION.
22-5105. AMOUNT OF BOND — NOTICE OF CANCELLATION. The amount of bond to be furnished for each seed buyer will be fixed at whichever of the following amounts is greater: (1) The combined total seed buyer indebtedness paid and owed to producers for seed crop stored for withdrawal or transferred during the previous license year; […]
Section 22-5106 – ACTION BY PRODUCER INJURED.
22-5106. ACTION BY PRODUCER INJURED. Any producer injured by the breach of any financial obligation for which a bond, irrevocable letter of credit or certificate of deposit is written under this chapter, must petition the director to make demand upon the seed buyer, the certificate of deposit, irrevocable letter of credit, or on the bond […]
Section 22-5107 – FEES.
22-5107. FEES. (1) The department shall assess and collect a fee of one hundred dollars ($100) for each inspection of a licensee, which is done for the purpose of amending a seed buyer license. (2) The department may assess and collect a fee of two hundred fifty dollars ($250) per day or fraction thereof for […]
Section 22-5108 – RECEIPTS — SCALE WEIGHT TICKETS.
22-5108. RECEIPTS — SCALE WEIGHT TICKETS. Warehouse receipts or scale weight tickets shall be issued by the seed buyer to the producer: (1) At the time of deposit for storage for withdrawal of the seed crop; or (2) At the time of transfer of the seed crop. History: [22-5108, added 2002, ch. 256, sec. 1, […]
Section 22-5109 – MAINTENANCE OF RECORDS — EXAMINATION OF RECORDS — AUTHORIZATION TO COPY.
22-5109. MAINTENANCE OF RECORDS — EXAMINATION OF RECORDS — AUTHORIZATION TO COPY. The seed buyer shall maintain current and complete records at all times with respect to all seed crops handled, deposited, shipped or merchandised by it, including seed crops owned by it. Such records shall include, but are not limited to, records showing the […]
Section 22-5110 – VIOLATIONS — PENALTIES — DISCRETION OF DIRECTOR TO HANDLE ADMINISTRATIVELY.
22-5110. VIOLATIONS — PENALTIES — DISCRETION OF DIRECTOR TO HANDLE ADMINISTRATIVELY. (1) Any person who violates any provision of this chapter or the rules promulgated hereunder, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the director or his duly authorized representative in the performance of his duty in connection with […]
Section 22-5111 – SUSPENSION OR REVOCATION OF LICENSE.
22-5111. SUSPENSION OR REVOCATION OF LICENSE. Pursuant to chapter 52, title 67, Idaho Code, the department may suspend or revoke any license issued under the provisions of this chapter, for any violation of, or failure to comply with, any provision of this chapter or chapter 7, title 28, Idaho Code. Pending investigation, the department, whenever […]
Section 22-5112 – DUTY TO PROSECUTE.
22-5112. DUTY TO PROSECUTE. It shall be the duty of each prosecuting attorney to whom a violation is reported by the department, to cause appropriate proceedings to be instituted and prosecuted without delay in a court of competent jurisdiction. History: [22-5112, added 2002, ch. 256, sec. 1, p. 741.]
Section 22-5113 – NOTICE OF NONCOMPLIANCE — REQUIREMENTS — FAILURE TO COMPLY — REMEDIES OF DEPARTMENT.
22-5113. NOTICE OF NONCOMPLIANCE — REQUIREMENTS — FAILURE TO COMPLY — REMEDIES OF DEPARTMENT. (1) Whenever a seed buyer is not meeting its obligations to producers, does not have the ability to pay producers, or refuses to submit records and papers to lawful inspection, the department shall give written notice to the seed buyer and […]
Section 22-5114 – INSURANCE — CANCELLATION PROCEDURE — SUSPENSION OF LICENSE — SELF-INSURANCE.
22-5114. INSURANCE — CANCELLATION PROCEDURE — SUSPENSION OF LICENSE — SELF-INSURANCE. (1) Every seed buyer who has a seed facility where seed crops are stored for withdrawal or transferred, shall maintain a "commercial property policy" of insurance, or its equivalent, issued by a company qualified to do business in the state in which the facility […]
Section 22-5115 – LICENSE REISSUANCE FOLLOWING REVOCATION.
22-5115. LICENSE REISSUANCE FOLLOWING REVOCATION. A seed buyer license shall not be issued to any person whose license has been revoked within a period of three (3) years from the date of such revocation. Upon application for a license following revocation, the department shall hold a hearing within thirty (30) days from receipt of the […]
Section 22-5116 – DEPARTMENT’S AUTHORITY.
22-5116. DEPARTMENT’S AUTHORITY. The department may, whenever it has reason to believe the provisions of this chapter have been violated or upon verified complaint of any person in writing, investigate the actions of any seed buyer, and if it finds cause to do so, file before the director, a complaint pursuant to chapter 52, title […]
Section 22-5117 – LICENSE DENIAL.
22-5117. LICENSE DENIAL. (1) Any seed buyer against whose bond a claim has been ordered collected or has actually been collected shall not be licensed by the department for a period of three (3) years from the date of such order or collection. License denial may be waived if the person can show, to the […]
Section 22-5118 – PAYMENT AND VIOLATION.
22-5118. PAYMENT AND VIOLATION. (1) A seed buyer shall pay the producer the purchase price for seed crops in legal tender within ninety (90) days of sale unless otherwise agreed to in writing. (2) Any seed buyer that violates the provisions of section 18-3106, Idaho Code, in making payment to the producer for any seed […]
Section 22-5119 – CONFIDENTIAL AND PROTECTED RECORDS.
22-5119. CONFIDENTIAL AND PROTECTED RECORDS. Records required by the department to validate the collection and remittance of assessments, including, but not limited to, production summaries, receiving records, conditioning reports, records relating to the payment of seed crops and seed indemnity fund reporting forms of a seed buyer, and financial records that may be required pursuant […]
Section 22-5120 – SEED INDEMNITY FUND.
22-5120. SEED INDEMNITY FUND. (1) There is hereby established, within the dedicated account, a fund to be known as the seed indemnity fund. The seed indemnity fund shall consist of assessments remitted pursuant to the provisions of this chapter and any interest or earnings on the fund balance. (2) All assessments shall be paid to […]