1998 Legislation
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HOUSE BILL NO. 739 – Pure seed dealers, licenses, fees


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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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 739

                            BY AGRICULTURAL AFFAIRS COMMITTEE

 1                                        AN ACT

 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
21     regulation   rule  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


 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 rules  and regulations  governing:
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, 
35    distributes, processes or mixes  for 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 mix  such 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 the
43    applicant 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 sell
46    seed in packages of eight (8) ounces up to and including five (5) pounds,  who
47    shall pay a license fee of fifteen dollars ($15.00).
48        (2)  Class  "B"  license  shall consist of those in-state dealers who sell
49    seed in packages or bulk of more than five (5) pounds who shall pay a  license
50    fee of forty dollars ($40.00).
51        (3)  Class "C" license shall consist of out-of-state dealers who shall pay
52    a license fee of eighty dollars ($80.00).
53        The  license  fees established in this section are minimums and any future


 1    increases shall be as promulgated by the  director  pursuant  to  chapter  52,
 2    title  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 / Fiscal Impact


                          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
    Bill No. H 739