Section 22-601 – TITLE.

22-601. TITLE. This chapter shall be known as the "Idaho Fertilizer Act of 2000." History: [22-601, added 2000, ch. 295, sec. 2, p. 1012.]

Section 22-602 – ADMINISTRATION.

22-602. ADMINISTRATION. The Idaho state department of agriculture, hereinafter referred to as the "department," shall administer this chapter. History: [22-602, added 2000, ch. 295, sec. 2, p. 1012; am. 2001, ch. 147, sec. 1, p. 516.]

Section 22-603 – DEFINITIONS.

22-603. DEFINITIONS. When used in this chapter: (1) "Biosolid(s)" means a primary organic solid material produced by wastewater treatment processes that can be beneficially recycled for its plant nutrient content and soil amending characteristics, as regulated under the code of federal regulations, 40 CFR 503, as amended. (2) "Brand" means a term, design, or trademark […]

Section 22-604 – ADOPTION OF RULES.

22-604. ADOPTION OF RULES. The department shall administer, enforce, and carry out the provisions of this chapter and may adopt rules necessary to carry out its purposes including, but not limited to, the proper use, handling, transportation, storage, display, distribution, sampling, records, analysis, form, minimum percentages, fertilizer ingredients, exempted materials, investigational allowances, definitions, labels, labeling, […]

Section 22-605 – REGISTRATION OF PRODUCTS AND STORAGE FACILITIES.

22-605. REGISTRATION OF PRODUCTS AND STORAGE FACILITIES. (1) Registration of products. (a) Each separately identifiable fertilizer product except individual customer-formula mixes shall be registered by the person who manufactures or distributes fertilizer into or within the state of Idaho before being offered for sale, sold, or otherwise distributed into or within this state. Companies planning […]

Section 22-606 – FORMULAS.

22-606. FORMULAS. The department may require submission of the complete formula of any fertilizer and the source of all ingredients if it is deemed necessary for the registration of any fertilizer product or the administration of this chapter. Any formula so submitted is exempt from disclosure to the public pursuant to section 74-107(1) or (2), […]

Section 22-607 – LABELS — INFORMATION REQUIRED.

22-607. LABELS — INFORMATION REQUIRED. (1) Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in a clearly legible and conspicuous form the following information: (a) The net weight; (b) The brand and grade, provided that the grade shall not be required when […]

Section 22-610 – INSPECTION — SAMPLING.

22-610. INSPECTION — SAMPLING. (1) The department shall inspect, sample, analyze, and test fertilizers distributed within this state, at a time and place and to the extent the department deems necessary, to determine whether the fertilizers comply with this chapter. The department may stop any commercial vehicle transporting fertilizers on the public highways and direct […]

Section 22-611 – PENALTIES.

22-611. PENALTIES. (1) If the analysis shows that any fertilizer deviates from the guaranteed analysis in any plant nutrient, micronutrient, or in total nutrients, a penalty shall be assessed in favor of the department at the rate of three (3) times the value of the deficiency or twenty-five dollars ($25.00), whichever is greater, when the […]

Section 22-612 – ASSESSMENT OF PENALTIES.

22-612. ASSESSMENT OF PENALTIES. For the purpose of initially determining the commercial value to be applied under the provisions of section 22-611, Idaho Code, the department shall determine and publish annually the values per unit of nitrogen, available phosphate, soluble potash, secondary elements and micro-elements used in this state. The values so determined and published […]

Section 22-613 – MISBRANDING.

22-613. MISBRANDING. No person shall distribute a misbranded fertilizer. A fertilizer is misbranded if: (1) The labeling is false or misleading; (2) It is distributed under the name of another fertilizer product; (3) It is not labeled as required in section 22-607, Idaho Code, and in accordance with rules prescribed under this chapter; or (4) […]

Section 22-614 – ADULTERATION.

22-614. ADULTERATION. No person shall distribute an adulterated fertilizer product. A fertilizer is adulterated if: (1) It contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label; or, if adequate […]

Section 22-615 – PUBLICATION OF INFORMATION.

22-615. PUBLICATION OF INFORMATION. The department shall publish at least annually and in a form it deems proper: the total tonnage of fertilizer distributed, the number of total official samples analyzed and the number of deficient official samples analyzed, and any other information the department deems fit. History: [22-615, added 2000, ch. 295, sec. 2, […]

Section 22-616 – “STOP SALE” ORDERS.

22-616. "STOP SALE" ORDERS. The department may issue and enforce a written or printed "stop sale, use, or removal" order to the distributor, owner or custodian of any fertilizer and hold the fertilizer, or order it held, at a designated place when the department finds the fertilizer is being offered for sale in violation of […]

Section 22-617 – COMPLAINT FOR SEIZURE — HEARING.

22-617. COMPLAINT FOR SEIZURE — HEARING. Any fertilizer that does not comply with this chapter is subject to seizure on complaint of the department to a court of competent jurisdiction in the geographic area in which the fertilizer is located. If the court finds the fertilizer to be in violation of this chapter and orders […]

Section 22-618 – VIOLATIONS.

22-618. VIOLATIONS. It is unlawful for any person to: (1) Distribute a misbranded fertilizer; (2) Fail, refuse or neglect to place upon or attach to each container of distributed fertilizer a label containing the information required by this chapter; (3) Fail, refuse or neglect to deliver to a purchaser of bulk fertilizer a statement containing […]

Section 22-619 – REMEDIES FOR VIOLATIONS.

22-619. REMEDIES FOR VIOLATIONS. (1) Any person convicted of violating any of this chapter or the rules promulgated thereunder or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the director or a duly authorized agent from the performance of their duty in connection with this chapter, is guilty of a misdemeanor and […]

Section 22-620 – USE OF FUNDS RECEIVED.

22-620. USE OF FUNDS RECEIVED. All moneys received by the director from the registration of various fertilizers and from the payment to him of moneys derived from the registration and inspection fees charged on such fertilizers, and moneys collected for a violation(s) of this chapter or rules promulgated thereunder, shall be paid into the state […]

Section 22-621 – COOPERATION WITH OTHER GOVERNMENTAL AGENCIES.

22-621. COOPERATION WITH OTHER GOVERNMENTAL AGENCIES. The director may cooperate with and enter into agreements with other governmental agencies, whether of this state, other states, or agencies of the federal government, and with private associations, in order to carry out the purposes of this chapter. History: [22-621, added 2000, ch. 295, sec. 2, p. 1023.]

Section 22-622 – NO AFFECT ON EXISTING LIABILITY.

22-622. NO AFFECT ON EXISTING LIABILITY. The enactment of this chapter does not terminate or modify any civil or criminal liability which already exists on July 1, 2000. History: [22-622, added 2000, ch. 295, sec. 2, p. 1023.]