T22CH4
Title 22 > T22CH4
Sections (13)
22-413
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-413. Statewide jurisdiction and preemption. (1) This chapter and its provisions are of statewide concern and occupy the whole field of regulation regarding the cultivation, production, processing, registration, labeling, sale, storage, transportation, distribution, notification of use, use of seeds, and planting of seeds to the exclusion of all local ordinances or regulations. Except as otherwise specifically provided in this chapter, no ordinance or regulation of any political subdivision may prohibit or in any way attempt to regulate any matter relating to the cultivation, production, processing, registration, labeling, sale, storage, transportation, distribution, notification of use, use of seeds, or planting of seeds. (2) The provisions of subsection (1) of this section shall not preempt county or city local zoning ordinances governing the physical location or siting of seed facilities. History: [22-413, added 2005, ch. 401, sec. 1, p. 1366; am. 2015, ch. 101, sec. 1, p. 242.]
22-414
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-414. Definitions. When used in this act: (1) Advertisement means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of the chapter. (2) Agricultural seeds includes the seeds of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural, turf, or field seeds, and mixtures of such seeds, but specifically does not include seed potatoes as defined in section 22-501 , Idaho Code. (3) Blend means seed consisting of more than one (1) variety of a kind, each in excess of five percent (5%) by weight of the whole. (4) Certifying agency means: (a) An agency authorized under laws of a state, territory, or possession to officially certify seed and which has standards and procedures approved by the U.S. secretary of agriculture to assure the genetic purity and identity of the seed certified; or (b) An agency of a foreign country determined by the U.S. secretary of agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (a) of this subsection. (5) Crop seed means any agricultural, vegetable or flower seed, other than the pure seed, present in a lot of seed and which weighs less than five percent (5%) of the total weight of the lot. (6) Cultivation means: (a) Preparing and using soil for growing plants; or (b) Growing and caring for plants under conditions that can be controlled. (7) Director means the director of the department of agriculture of the state of Idaho. (8) Flower seeds includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower seeds in this state. (9) Grower’s or collector’s declaration means a statement signed by the grower or collector giving for any lot of seed the lot number, the kind, the variety, origin, and weight. (10) Hard seed means any viable agricultural, vegetable or flower seed that fails to germinate within the prescribed germination period due to an impermeable seed coat. (11) Hybrid means the first generation seed of a cross produced by controlling the pollination and by combining one (1) of three (3) combinations: (a) Two (2) or more inbred lines; (b) One (1) inbred or a single cross with an open pollinated variety; or (c) Two (2) varieties or species, except open pollinated varieties of corn (Zea mays). The second generation or subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names. (12) Inert matter means the collective parts of incomplete plants, seeds, seedlike structures and other nonseed particles present in a lot of seed. (13) In-state seed dealer means any seed dealer with an established plant, warehouse or place of business in the state of Idaho. (
22-415
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-415. Label requirements — Agricultural, vegetable, flower, tree and shrub seeds. Before each container of seed is sold, offered for sale, exposed for sale, or delivered under a contract within this state for sowing purposes, it shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information: (1) For agricultural seeds and mixtures: (a) The name of the kind or the kind and variety of each agricultural seed component in excess of five percent (5%) of the whole, and the percentage by weight of each pure seed. The name of the kind and variety shall be on the label of seeds of wheat, barley and dry-edible beans, or if any mixture containing any kinds herein listed, the names of the varieties shall be listed. When more than one (1) pure seed is present, the word mixture or the word mixed and the name of the mixture shall be shown conspicuously on the label. Hybrids shall be labeled as hybrids. (b) Lot number or other lot identification. (c) Origin by state or foreign country, if known. If the origin is unknown, that fact shall be stated. (d) Percentage by weight of all other crop seeds combined, none of which individually exceeds five percent (5%) of the total weight. If a mixture contains no crop seed, that shall be stated or shown. (e) Percentage by weight of inert matter. (f) Percentage by weight of all weed seeds. (g) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present. All determinations of noxious weed seeds shall be subject to tolerances and methods of determination prescribed in the rules and regulations under this chapter. (h) Germination for each named agricultural seed: (i) Percentage of germination, exclusive of hard seed; (ii) Percentage of hard seed, if present; (iii) The calendar month and year the test was completed to determine the percentages; (iv) A tetrazolium test is deemed sufficient to meet germination labeling requirements if the species is included in the director’s published list. (i) Name and address of the person who labeled the seed, or who sells or delivers seed under a contract, or his federal consumer marketing service number or agricultural marketing service number. (2) For vegetable seeds in packets or preplanted containers, mats, tapes or other planting devices: (a) Name of kind of seed; (b) Lot identification; (c) The year for which the seed was packed for sale, or the percentage of germination and the calendar month and year the germination test was completed. (d) For seeds which germinate less than the standard last established by the director in the rules and regulations promulgated under this chapter: (i) Percentage of germination, exclusive of hard seed; (ii) Percentage of hard seed, if present; (iii) The calendar month and year the test was completed to determine such percentages; (iv) The words Below St
22-416
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-416. Prohibitions. (1) It shall be unlawful for any person to sell, offer for sale, expose for sale, or deliver under a contract any seed within the state: (a) Unless the test to determine the percentage of germination required by section 22-415 , Idaho Code, shall have been completed within a fifteen (15) month period, exclusive of the calendar month in which the test was completed immediately prior to sale, exposure for sale, or offered for sale or transportation. This prohibition does not apply to tree and shrub seeds or agricultural or vegetable seed in hermetically-sealed containers. The director may by regulation prescribe a longer period than otherwise stated herein, and the conditions and methods of treatment or packaging and labeling which he deems to be necessary to maintain the identification and viability of such seed. (b) Not labeled in accordance with the provisions of this chapter, or having false or misleading labeling. (c) Pertaining to which there has been a false or misleading advertisement. (d) Containing prohibited noxious weed seeds. (e) Containing restricted noxious weed seeds singly or collectively in excess of tolerances as provided by the rules and regulations of the department. (f) Labeled a variety name for which a United States certificate of plant variety protection has been issued or is pending, specifying seed sale only as a class of certified seed, when the seed is in fact not certified by an official seed certifying agency. (g) If the crop seed rye (Secale cereal) is present in wheat, oats or barley. (2) It shall be unlawful for any person within this state: (a) To detach, alter, deface, or destroy any label provided for in this chapter or the rules and regulations made and promulgated thereunder, or to alter or substitute seed, in a manner that may defeat the purposes of this chapter. (b) To disseminate any false or misleading advertisement concerning seeds in any manner or by any means. (c) To hinder or obstruct in any way any authorized person in the performance of his duties under this chapter. (d) To fail to comply with a stop-sale order. (e) To ship, deliver, transport, or sell seeds treated with any substance likely to be poisonous to human beings or animals unless there is conspicuously shown on the analysis tag or label, or on a separate tag or container, the word treated , signal word and precautionary statements for appropriate warning adequate to protect the public based on the toxicity categories set forth in title 40 , code of federal regulations, effective July 1, 1989. It is unlawful to sell or divert seed so treated for use or for processing either for human or animal consumption. (f) To transport screenings containing noxious weed seeds without proper covering or tarping, or containerizing or boxing, to prevent noxious weed seed dissemination. All screenings containing noxious weed seeds must be processed to eliminate germination.
22-417
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-417. Exemptions. (1) The provisions of sections 22-415 and 22-416 , Idaho Code, shall not apply: (a) To seed or grain not intended for sowing purposes. (b) To seed in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; provided, that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this chapter. (2) No person shall be subject to the penalties of this chapter for having sold or offered for sale any seeds which were incorrectly labeled or misrepresented as to kind, variety, type, or origin and elevation, when the seeds cannot be differentiated by examination, unless he has failed to obtain reasonable documentation as an invoice, grower’s declaration or other labeling to verify the contents. History: [22-417, added 1951, ch. 243, sec. 4, p. 508; am. 1987, ch. 188, sec. 4, p. 378.]
22-418
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-418. Duties and authority of director. The duty of enforcing the provisions of this chapter and carrying out its provisions and requirements shall be vested in the director pursuant to section 22-103 , Idaho Code. Additional duties of the director or his authorized agents shall include, but are not limited to, the following: (1) To establish and maintain or make provision for seed testing facilities. (2) To have analyses and tests of samples of seed made as necessary. (3) To make or provide for making purity and germination tests of seeds for farmers and dealers on request. (4) The director of the department of agriculture may by rule set the service and license fees to be collected. Fees so collected shall be paid into the state treasury and credited to the agriculture department inspection account, created in section 22-104 , Idaho Code, and such fees shall be used only to pay the costs of operating the state seed laboratory. (5) To enter upon any public or private premises during regular business hours in order to have access to seeds subject to this chapter. (6) To sample and inspect agricultural, vegetable, flower, tree and shrub seeds transported, sold, offered or exposed for sale, or delivered under a contract within this state for sowing purposes, at such time and place and to such extent as he may deem necessary to determine whether the seeds are in compliance with the provisions of this chapter, and to notify promptly the person who transported, sold, offered or exposed the seed for sale of any violation. (7) To issue and enforce a stop-sale order to the owner or custodian of any lot of seed which is in violation of any of the provisions of this chapter, which order shall prohibit further sale or delivery under a contract of the seed until such officer has evidence that the law has been complied with; provided, that in respect to seeds which have been denied sale as provided in this paragraph, the owner or custodian of such seeds shall have the right to appeal from such order to the district court of the county in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of such seed from the order prohibiting the sale in accordance with the findings of this court; and provided further, that the provisions of this paragraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized under other sections of this chapter. (8) To cooperate with the United States department of agriculture and other agencies in seed law enforcement. (9) To notify in writing, the proprietor of any plant variety protected under the United States plant variety protection act when any sample of a proprietor’s variety is received for testing at the Idaho state seed laboratory. (10) To cooperate fully with the proprietor of any plant variety which is protected under the United States plant variety protection act t
22-419
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-419. Records. Each person whose name appears on the label as handling agricultural, vegetable, flower or tree and shrub seeds subject to the provisions of this chapter shall keep for a period of two (2) years complete records of each lot of agricultural, vegetable, flower or tree and shrub seed handled and keep for one (1) year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to every shipment shall be accessible for inspection by the director or his agent during customary business hours. History: [22-419, added 1987, ch. 188, sec. 7, p. 380.]
22-420
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-420. Seizure. Any lot of seed not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the seed is located. In the event that the court finds the seed does not meet the requirements set out in this chapter and orders the condemnation of the seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state; provided, that in no instance shall the court order such disposition of said seed without first having given the defendant an opportunity to apply to the court for release of the seed or permission to process or relabel it for compliance with the provisions of this chapter. Release of said seed shall be made only upon proof of compliance. History: [22-420, added 1951, ch. 243, sec. 7, p. 508; am. 1974, ch. 18, sec. 8, p. 364; am. 1987, ch. 188, sec. 8, p. 380.]
22-421
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-421. Violations, prosecutions and penalties. (1) Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three thousand dollars (2,000) for each offense and shall be liable for reasonable attorney 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 was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If the department is unable to collect such 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 the provisions of this section may, within thirty (30) days of the final action by th
22-421A
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-421A. Injunction. When in the performance of his duties the director applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rules and regulations promulgated under this chapter, the injunction is to be issued without bond. History: [22-421A, added 1987, ch. 188, sec. 10, p. 381.]
22-434
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-434. Seed dealer’s license. An in-state seed dealer or an out-of-state seed dealer who conditions or labels or sells, for the use of others any seed, shall obtain a license from the department authorizing him to condition or label or sell such seed. A dealer shall not be entitled to a license unless he has an established plant, warehouse or place of business. (1) A separate license shall be required for each place of business from which seed regulated under this chapter is sold. Application for licenses shall be on a form provided by the director. (2) Applications shall be renewed no later than July 1 of each year. (3) Fees so collected shall be paid into the state treasury and credited to the state agricultural inspection account. (4) In-state producers selling their own crop shall be exempt from this section. (5) Any person selling seed who has total annual gross seed sales not exceeding five hundred dollars ($500) is exempt from this section. (6) An in-state seed dealer or an out-of-state seed dealer, who sells, offers for sale, exposes for sale or delivers seed only in packages of less than eight (8) ounces shall be exempt from this section. (7) The department may suspend, revoke, or refuse to issue or renew the license of any person when it is satisfied that: (a) The applicant or licensee has been guilty of fraud, deception, or misrepresentation in the procurement of a license; and/or (b) The licensee was guilty of violating any of the provisions of this chapter. History: [22-434, added 1985, ch. 247, sec. 2, p. 580; am. 1986, ch. 110, sec. 1, p. 303; am. 1989, ch. 41, sec. 1, p. 54; am. 1994, ch. 50, sec. 1, p. 88; am. 1997, ch. 17, sec. 2, p. 27; am. 1998, ch. 203, sec. 2, p. 722; am. 2000, ch. 140, sec. 1, p. 368; am. 2004, ch. 162, sec. 1, p. 528.]
22-435
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-435. State seed advisory board. (1) In order to maintain close contact between the department and the seed industry, there is hereby created a state seed laboratory advisory board which shall consist of nine (9) official members and nine (9) ex officio alternates appointed by the director of the department of agriculture from a list provided by the Idaho seed council. The Idaho seed council will nominate a member and an alternate for each vacancy on the advisory board to represent the following seed commodities: (a) Cereal grains (b) Grasses – turf (c) Grasses – forage (d) Small seeded legumes (e) Corn and small seeded vegetables (f) Garden beans (g) Field beans (h) Oil crops (i) Natives. The executive vice-president of the Idaho crop improvement association shall serve as a permanent tenth official member of the board. The president of the Idaho seed analysts association, or his representative, shall serve as a permanent eleventh official member of the board. Additionally, without the need for any nominations, the director shall appoint one (1) grower member who shall serve as the twelfth official member of the board and serve a three (3) year term. (2) Existing member terms will end on the last May 31 of an existing term with the successor term to begin June 1 of the same year. All terms shall be for a period of three (3) years. A member and his alternate shall serve the same length of term. Vacancies in office shall be filled by an alternate for the unexpired term. (3) Official members or an alternate present in the absence of his respective representative will have the right to vote. A member and his respective alternate are not to work for the same employer. (4) Members or alternates of the board shall be compensated as provided in section 59-509 (a), Idaho Code. (5) The functions of the board shall be to advise and counsel with the department in the administration of the provisions of sections 22-414 through 22-436 , Idaho Code. (6) The board shall meet at the call of the chairman or the director of the Idaho department of agriculture or his designee. A majority of the members present at any meeting shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the board. (7) At the first meeting after June 1, in each year, the board shall select a chairman. The director of the Idaho department of agriculture and the manager of the Idaho state seed laboratory in the department of agriculture or their representatives, shall be ex officio members without the right to vote. History: [22-435, added 1989, ch. 209, sec. 1, p. 513; am. 1995, ch. 32, sec. 1, p. 50; am. 2003, ch. 121, sec. 1, p. 369; am. 2009, ch. 38, sec. 1, p. 109.]
22-436
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 4 PURE SEED LAW 22-436. Seed arbitration. (1) Requirement of arbitration. When any buyer claims to have been damaged by the failure of any seed for planting to produce or perform as represented by the required label to be attached to such seed under section 22-415 , Idaho Code, or by warranty, or as a result of negligence, as a prerequisite to the buyer’s right to maintain a legal action against the dealer or any other seller of such seed, the buyer shall first submit the claim to arbitration as provided in this section. The monetary value of the claim must exceed three thousand dollars ($3,000). Any applicable period of limitations with respect to such claim shall be tolled until ten (10) days after the filing of the report of arbitration with the director of the department of agriculture as provided in subsection (5)(i) of this section. (2) Notice of arbitration requirement. Conspicuous language calling attention to the requirement for arbitration under this section shall be referenced or included on the analysis label required under section 22-415 , Idaho Code, or otherwise attached to the seed bag or package. Arbitration shall not be required unless this notice is included. A notice in the following form, or equivalent language, shall be sufficient: NOTICE OF REQUIRED ARBITRATION Under the seed laws of some states, arbitration is required as a precondition of maintaining certain legal actions, counterclaims or defenses against a seller of seed. The buyer must file a complaint along with the filing fee with the Idaho Department of Agriculture within such time as to permit inspection of the crops, plants or trees. The buyer shall notify and serve a copy of the complaint upon the seller by certified mail. (3) Effect of arbitration. (a) Agreement to arbitrate. The report of arbitration shall be binding upon all parties to the extent, if any, that they have so agreed in any contract governing the sale of the seed. (b) Commencement of legal action. In the absence of an agreement to be bound by arbitration, a buyer may commence legal proceedings against a seller or assert such claim as a counterclaim or defense in any action brought by the seller, at any time after the receipt of the report of arbitration. (c) Use as evidence. In any litigation involving a complaint which has been the subject of arbitration under this section, any party may introduce the report of arbitration as evidence of the findings of the report, and the court may give such weight to the arbitration council’s findings and recommendations as to damages and costs, as the court may see fit based upon all the evidence before the court. The court may also take into account any finding of the arbitration council with respect to the failure of any party to cooperate in the arbitration proceedings including, any finding as to the effect of delay in filing the arbitration claim upon the arbitration council’s ability to determine the facts of