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H0739...............................................by AGRICULTURAL AFFAIRS
PURE SEED DEALERS - Amends existing law to provide that the director of the
Department of Agriculture may by rule set the service and license fees to
be collected pursuant to the pure seed law and to revise the conditions for
a seed dealer's license.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Agric Aff
02/27 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 64-1-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds,
Richman, Ridinger, Stevenson, Stoicheff, Stone, Stubbs, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
NAYS -- Sali
Absent and excused -- Crane, Robison, Schaefer, Taylor, Mr Speaker
Floor Sponsor - Stevenson
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Agric Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Sandy
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 203
Effective: 07/01/98
H0739|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 739 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE PURE SEED LAW; AMENDING SECTION 22-418, IDAHO CODE, TO PROVIDE 3 THAT THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE MAY BY RULE SET THE 4 SERVICE AND LICENSE FEES TO BE COLLECTED AND TO MAKE A TECHNICAL CORREC- 5 TION; AND AMENDING SECTION 22-434, IDAHO CODE, TO REVISE CONDITIONS FOR A 6 SEED DEALER'S LICENSE AND TO MAKE A TECHNICAL CORRECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 22-418, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 22-418. DUTIES AND AUTHORITY OF DIRECTOR. The duty of enforcing the pro- 11 visions of this chapter and carrying out its provisions and requirements shall 12 be vested in the director pursuant to section 22-103, Idaho Code. Additional 13 duties of the director or his authorized agents shall include, but are not 14 limited to, the following: 15 (1) To establish and maintain or make provision for seed testing facili- 16 ties. 17 (2) To have analyses and tests of samples of seed made as necessary. 18 (3) To make or provide for making purity and germination tests of seeds 19 for farmers and dealers on request. 20 (4) The director of the department of agriculture may by 21regulationrule set the service and license 22 fees to be collected. Fees so collected shall be paid into the state 23 treasury and credited to the agriculture department inspection account, cre- 24 ated in section 22-104, Idaho Code, and such fees shall be used only to pay 25 the costs of operating the state seed laboratory. 26 (5) To enter upon any public or private premises during regular business 27 hours in order to have access to seeds subject to this chapter. 28 (6) To sample and inspect agricultural, vegetable, flower, tree and shrub 29 seeds transported, sold, offered or exposed for sale, or delivered under a 30 contract within this state for sowing purposes, at such time and place and to 31 such extent as he may deem necessary to determine whether the seeds are in 32 compliance with the provisions of this chapter, and to notify promptly the 33 person who transported, sold, offered or exposed the seed for sale of any 34 violation. 35 (7) To issue and enforce a "stop-sale" order to the owner or custodian of 36 any lot of seed which is in violation of any of the provisions of this chap- 37 ter, which order shall prohibit further sale or delivery under a contract of 38 the seed until such officer has evidence that the law has been complied with; 39 provided, that in respect to seeds which have been denied sale as provided in 40 this paragraph, the owner or custodian of such seeds shall have the right to 41 appeal from such order to the district court of the county in which the seeds 42 are found, praying for a judgment as to the justification of the order and for 43 the discharge of such seed from the order prohibiting the sale in accordance 2 1 with the findings of this court; and provided further, that the provisions of 2 this paragraph shall not be construed as limiting the right of the enforcement 3 officer to proceed as authorized under other sections of this chapter. 4 (8) To cooperate with the United States department of agriculture and 5 other agencies in seed law enforcement. 6 (9) To notify in writing, the proprietor of any plant variety protected 7 under the United States plant variety protection act when any sample of a 8 proprietor's variety is received for testing at the Idaho state seed labora- 9 tory. 10 (10) To cooperate fully with the proprietor of any plant variety which is 11 protected under the United States plant variety protection act to secure for 12 the proprietor the full protection afforded under the United States plant 13 variety protection act or the federal seed act, or both, by releasing to the 14 proprietor any and all knowledge as may come to the attention of the director 15 or his authorized agents in regard to the illegal use of any United States 16 protected variety. 17 (11) To prescribe and adopt rulesand regulationsgoverning: 18 (a) The methods of sampling, inspecting, analysis tests and examination 19 of seed, and the tolerances to be followed in the administration of this 20 chapter, which shall be in general accord with officially prescribed prac- 21 tice in interstate commerce; 22 (b) Reasonable standards of germination for vegetable seeds and flower 23 seeds; 24 (c) Labeling of flower seeds; 25 (d) A list of the kinds of flower seeds subject to the flower seed 26 germinations labeling requirements; 27 (e) A list of the tree and shrub species subject to germination labeling 28 requirements; 29 (f) A list of species that may be tetrazolium tested in lieu of germina- 30 tion testing. 31 SECTION 2. That Section 22-434, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 22-434. SEED DEALER ' S LICENSE. An in-state seed dealer or an 34 out-of-state seed dealer who conditions, labels and sells,35distributes, processes or mixesfor the use of others any seed, shall 36 obtain a license from the department authorizing him to condition, label 37 and sell, distribute, process or mixsuch seed. A dealer 38 shall not be entitled to a license unless he has an established plant, ware- 39 house or place of business. 40 A separate license shall be required for each place of business from which 41 seed regulated under this chapter is sold. Application for licenses shall be 42 on a form provided by the director.No license shall be issued until the43applicant shall have paid the fee provided in the following paragraphs (1),44(2) and (3).45(1) Class "A" license shall consist of those in-state dealers who sell46seed in packages of eight (8) ounces up to and including five (5) pounds, who47shall pay a license fee of fifteen dollars ($15.00).48(2) Class "B" license shall consist of those in-state dealers who sell49seed in packages or bulk of more than five (5) pounds who shall pay a license50fee of forty dollars ($40.00).51(3) Class "C" license shall consist of out-of-state dealers who shall pay52a license fee of eighty dollars ($80.00).53The license fees established in this section are minimums and any future3 1increases shall be as promulgated by the director pursuant to chapter 52,2title 67, Idaho Code.Applications shall be renewed no later than July 3 1 of each year. 4 Fees so collected shall be paid into the state treasury and credited to 5 the state agricultural inspection account. 6 In-state producers selling their own crop shall be exempt from this sec- 7 tion. 8 The department may suspend, revoke, or refuse to issue or renew the 9 license of any person when it is satisfied that: 10 (1) The applicant or licensee has been guilty of fraud, deception, or 11 misrepresentation in the procurement of a license; and/or 12 (2) The licensee was guilty of violating any of the provisions of this 13 chapter.
STATEMENT OF PURPOSE
RS 8065C1
Amend Title 22, Chapter 4, Section 22-418 (4), Pure Seed Law To
authorize Idaho State Department of Agriculture to set by
regulation the service and license fees.
Amend Title 22, Chapter 4, Section 22-434, Pure Seed Law - To
specify who must get seed dealers license. To delete Class "A",
Class "B" and Class "C" seed dealer licenses and the respective
license fees.
FISCAL NOTE
Currently seed dealers license fees generate approximately twenty
thousand dollars ($20,000) a year. New seed dealers license fees
shall be established in consultation with the Idaho Eastern Oregon
Seed Association and incorporated in IDAPA 02.06.01, Idaho
Department of Agriculture Rules, Pure Seed Law. Prior to
establishing the new seed dealer license fee structure there is no
way to estimate the total license fee to be collected in FY99.
CONTACT: Rich Garber
888-0988
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 739