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S1413...............................................by AGRICULTURAL AFFAIRS
NURSERIES - FLORISTS - Adds to and amends existing law relating to
nurseries and florists to add definitions, to create one license, to
increase license fees, to provide a late fee and increase temporary fees,
to require an annual publication, to restrict wholesale sales, to impose
advertising requirements, to adopt nursery stock standards, to provide for
license reciprocity and to provide civil penalties for violations of the
chapter.
02/06 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Agric Aff
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 25-10-0
AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Deide, Geddes, Hansen, Ingram, Ipsen, Keough, King, Lee,
McLaughlin, Noh, Riggs, Risch, Sandy, Schroeder, Sorensen, Thorne,
Twiggs, Wheeler
NAYS--Boatright, Darrington, Dunklin, Frasure, Hawkins, Parry,
Richardson, Stennett, Sweeney, Whitworth
Absent and excused--None
Floor Sponsor - Keough
Title apvd - to House
02/25 House intro - 1st rdg - to Agric Aff
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 50-17-3
AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15), Boe,
Bruneel, Campbell, Chase, Clark, Cuddy, Ellsworth, Field(13),
Field(20), Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Lake, Linford, Mader, Marley, Meyer, Miller, Mortensen, Newcomb,
Pischner, Pomeroy, Reynolds, Richman, Robison, Stevenson, Stoicheff,
Stone, Stubbs, Trail, Watson, Wheeler, Wood, Zimmermann
NAYS -- Alltus, Black(23), Callister, Crane, Denney, Gagner, Geddes,
Kunz, Loertscher, McKague, Ridinger, Sali, Schaefer, Taylor, Tilman,
Tippets, Mr Speaker
Absent and excused -- Crow, Deal, Jones(9)
Floor Sponsor - Judd
Title apvd - to Senate
03/13 To enrol
03/16 Rpt enrol - Pres signed
03/16 Sp signed
03/17 To Governor
03/18 Governor signed
Session Law Chapter 89
Effective: 07/01/98
S1413|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1413 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO NURSERIES AND FLORISTS; AMENDING CHAPTER 23, TITLE 22, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 22-2301, IDAHO CODE, TO PROVIDE A STATE- 4 MENT OF PURPOSE; AMENDING SECTION 22-2301, IDAHO CODE, TO REDESIGNATE THE 5 SECTION AND TO ADD AND REVISE DEFINITIONS; AMENDING SECTION 22-2302, IDAHO 6 CODE, TO REDESIGNATE THE SECTION, TO PROVIDE PROPER NOMENCLATURE AND TO 7 PROVIDE FOR ANNUAL PUBLICATION AND DISTRIBUTION OF A LIST OF LICENSED 8 NURSERIES, FLORISTS AND AGENTS; AMENDING SECTION 22-2303, IDAHO CODE, TO 9 REDESIGNATE THE SECTION, TO PROVIDE PROPER NOMENCLATURE, TO DELETE OBSO- 10 LETE LANGUAGE AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 11 22-2304, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE PROPER NOMEN- 12 CLATURE, TO PROVIDE FOR ONE LICENSE, AND TO INCREASE LICENSE FEES; AMEND- 13 ING SECTION 22-2305, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE 14 PROPER NOMENCLATURE, TO INCREASE TEMPORARY LICENSE FEES, AND TO PROVIDE 15 FOR OPERATION FROM A TEMPORARY LOCATION BY A LICENSED NURSERY OR FLORIST 16 WITH AN ESTABLISHED PLACE OF BUSINESS; AMENDING SECTION 22-2306, IDAHO 17 CODE, TO REDESIGNATE THE SECTION, TO PROVIDE PROPER NOMENCLATURE AND TO 18 IMPOSE A LATE FEE FOR ANY LICENSE NOT RENEWED BY FEBRUARY 1 OF EACH YEAR; 19 AMENDING SECTIONS 22-2307, 22-2308 AND 22-2309, IDAHO CODE, TO REDESIGNATE 20 THE SECTIONS AND TO PROVIDE PROPER NOMENCLATURE; AMENDING CHAPTER 23, 21 TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-2311, IDAHO 22 CODE, TO REQUIRE A PERSON ADVERTISING NURSERY OR FLORIST STOCK FOR SALE TO 23 DISCLOSE THE PERSON'S COMPANY NAME OR LICENSE NUMBER; AMENDING CHAPTER 23, 24 TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-2312, IDAHO 25 CODE, TO PROHIBIT THE WHOLESALE SALE OF NURSERY OR FLORIST STOCK FOR 26 RESALE TO UNLICENSED PERSONS; AMENDING SECTION 22-2310, IDAHO CODE, TO 27 REDESIGNATE THE SECTION AND TO PROVIDE PROPER NOMENCLATURE; AMENDING SEC- 28 TION 22-2311, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE PROPER 29 NOMENCLATURE AND TO DELETE REDUNDANT LANGUAGE; AMENDING SECTIONS 22-2312, 30 22-2313, 22-2314, 22-2315, 22-2316 AND 22-2317, IDAHO CODE, TO REDESIGNATE 31 THE SECTIONS AND TO PROVIDE PROPER NOMENCLATURE; AMENDING CHAPTER 23, 32 TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-2321, IDAHO 33 CODE, TO PROVIDE NURSERY STOCK STANDARDS; AMENDING CHAPTER 23, TITLE 22, 34 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-2322, IDAHO CODE, TO PRO- 35 VIDE FOR LICENSE RECIPROCITY BETWEEN STATES; AMENDING SECTION 22-2318, 36 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO ESTABLISH A RESEARCH FUND 37 FROM A PORTION OF THE LICENSE FEE; AMENDING SECTION 22-2319, IDAHO CODE, 38 TO REDESIGNATE THE SECTION AND TO PROVIDE FOR CIVIL PENALTIES; AND AMEND- 39 ING SECTION 22-2320, IDAHO CODE, TO REDESIGNATE THE SECTION. 40 Be It Enacted by the Legislature of the State of Idaho: 41 SECTION 1. That Chapter 23, Title 22, Idaho Code, be, and the same is 42 hereby amended by the addition thereto of a NEW SECTION , to be 43 known and designated as Section 22-2301, Idaho Code, and to read as follows: 2 1 22-2301. STATEMENT OF PURPOSE. The legislature and the Idaho nursery and 2 florist industry find and declare that the propagation and raising of nursery 3 and florist stock is an agricultural pursuit that should be regulated and 4 assisted by the department of agriculture to provide a high quality and pest 5 free product to the citizens of Idaho and Idaho's external trading partners. A 6 nursery and floral services program shall be maintained within the department 7 for the purpose of carrying out and enforcing the provisions of this chapter. 8 SECTION 2. That Section 22-2301, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 22-23012 . DEFINITION OF TERMS. For the purpose 11 of this chapter: 12 (1) The singular and plural forms of any word or term in this chapter 13 shall be interchangeable and equivalent within the meaning of this chapter. 14 (2) "Agent" means any person only soliciting orders in this state for the 15 purchase or sale of nursery or florist stock for any principal 16 who is not licensed under this chapter. 17 (3) "Dealer" : 18 (a) Mmeans any person who deals in, sells, han- 19 dles, consigns, or accepts on consignment, imports, stores, displays or 20 advertises nursery or florist stock which he has not grown. 21 (b) The term does not include persons whose business is 22 located out-of-state and who import and sell such nursery or florist 23 stock not grown in Idaho into this state and who only solicit such 24 nursery or florist stock sales through salesmen or represen- 25 tatives or by mail or advertisement. Such a person to be exempt as a 26 dealer must not own, lease, control, or maintain buildings, warehouses or 27 any location or place in Idaho in which or through which such nursery 28 or florist stock is stored, sold, offered for sale, or held 29 for sale or delivered therefrom. The nursery or florist stock 30 must be shipped direct from the out-of-state location or place of business 31 to the grower, wholesaler, retailer, or ultimate consumer or user in 32 Idaho. 33 (4) "Department" means the Idaho department of agriculture. 34 (5) "Director" means the director of the Idaho department of agriculture. 35 (6) "Florist'sstock" shall include all cut flowers, foliage 36 and ferns, all potted plants or cuttings or bedding plants, and all flowering 37 bulbs and rooted herbaceous plants used for ornamental or decorative purposes 38 and all corms, whether grown in boxes, benches, pots, under glass or other 39 artificial covering, or in the field or open ground or cuttings therefrom. 40 (7) "Grower" means any person who grows nursery stock. 41 (8) "Landscapedesignercontractor " shall be 42 construed as applying to any person or persons engaged in landscaping property 43 for which he, she, or they will furnish the plants, trees, or shrubs either 44 from his, her, or their own nurseries or by purchase or on contract from other 45 nurseries. 46 (9) "Not regularly engaged in the business" shall be construed to mean 47 sales of nursery and/or florist'sstock incident to farming and 48 gardening operations by persons who do not display such nursery and/or 49 florist'sstock for sale by use of signboards, placards, news- 50 papers, radio, or other circulation medium. 51 (10) "Nursery and/orflowerfloral shop" shall 52 be construed to mean any grounds, buildings, greenhouses, or premises either 53 privately or publicly owned on or in which nursery stockand/or 3 1 florist'sstock is propagated or grown for sale, either at the 2 present or at some future time; or any grounds, buildings, greenhouses, vehi- 3 cles, or premises on or in which nurseryand/or florist's4stock is being stored, packed, or offered for sale. 5 (11) "Nursery stock" includes all botanically classified plants or any 6 part thereof, such as aquatic or herbaceous plants, bulbs, sod, 7 buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of 8 fruits, forest and ornamental trees, and shrubs, berry plants, and all trees, 9 shrubs , vines, and plants collected in the wild that are grown or 10 kept for propagation or sale. The term does not include field and forage 11 crops, seeds of grasses, cereal grains, vegetable crops and flowers, bulbs and 12 tubers of vegetable crops, vegetables or fruit used for food or feed, cut 13 trees or cut flowers unless stems or other portions thereof are intended for 14 propagation. 15 (12) "Nurserymanand/or florist" shall be construed to mean 16 the person who owns, leases, manages, or is in charge of a nursery or flower 17 shop or grows nurseryand/or florist'sstock on 18 shares or on contract. 19 (13) "Person" includes , but is not limited to , 20each branch, store, or place of business in which or at which the busi-21ness of the dealer or grower is conducted and each member of a cooperative22associationany individual, partnership, corporation, company, 23 firm, society, association, organization, government agency, or any other 24 entity. 25 (14) "Pest" means any biotic agent (any living agent capable of reproduc- 26 ing itself) or any of the following that is known to cause damage or harm to 27 the production of agricultural crops or the environment: 28 (a) Any infectious, transmissible or contagious disease of any plant; or 29 any disorder of any plant which manifests symptoms or behavior which, 30 after investigation, is found and determined by a duly constituted fed- 31 eral, state or local pest prevention agency, to be characteristic of an 32 infectious, transmissible or contagious disease. 33 (b) Any form of animal life. 34 (c) Any form of plant life, including noxious weeds as defined and listed 35 in chapter 4, title 22, Idaho Code, and chapter 24, title 22, Idaho Code, 36 and rules promulgated thereunder . 37 (145 ) "Sell" or "sale" means to offer, expose, 38 or hold for sale, have for the purpose of sale, or to solicit orders for sale 39 or to deliver, distribute, exchange, furnish, or supply. 40 (16) "Wholesale" means a sale in quantity to one who intends to 41 resell; selling to retailers or contractors rather than consumers. 42 SECTION 3. That Section 22-2302, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 22-23023 . DUTIES OF THE DEPARTMENT. The depart- 45 ment is authorized to: 46 (1) Inspect the nursery or florist stock of growers, deal- 47 ers, and other persons and places of business provided for under section 48 s 22-2301 through 22-2325 , Idaho Code. 49 (2) Issue certificates and permits and check the license and licensing of 50 persons affected by the provisions of sections 22-23012 51 and 22-23125 , Idaho Code. 52 (3) Investigate violations of the provisions of sections 22-2301 through 53 22-231225 , Idaho Code. 4 1 (4)Disseminate information among growers relative to treatment of2nursery stock for both prevention and elimination of attacks by plant pests3and diseasesPublish annually a list of all licensed nurseries, 4 florists and agents. The annual list shall be distributed to the agricultural 5 regulatory authority of each state and upon request to any licensed nurseries 6 and florists within the state . 7 (5) Issueregulationsrules prescribing 8 approved procedures and services as needed for the protection of 9 the industry and/orto assure access to domestic and foreign mar- 10 kets. 11 SECTION 4. That Section 22-2303, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 22-23034 . STATE NURSERY AND FLORIST 14 ADVISORY COMMITTEE. (1) In order to maintain close contact between the 15 department and the nursery and florist industry, there is hereby 16 created a state nursery and florist advisory committee which 17 shall consist of six (6) members appointed by the director of the department 18 of agriculture from a list provided by the Idaho nursery association. Said 19 list will name at least two (2) persons as eligible for each vacancy on the 20 committee. 21(2) The members first appointed shall determine by lot the length22of their terms: two (2) to serve for one (1) year, two (2) to serve for two23(2) years, and two (2) to serve for three (3) years, each term beginning on24July 1, 1984. Thereafter, tT he term of each member shall 25 be for three (3) years beginning on July 1 of the year of appointment. A mem- 26 ber shall continue to serve until a successor is appointed and qualified. 27 Vacancies in office shall be filled by appointment for the unexpired term. 28 (32 ) No member of the committee shall receive 29 any salary or other compensation, but each member of the committee shall be 30 reimbursed for each day spent in actual attendance in meetings of the commit- 31 tee at the same rate as is allowed state employees for travel expenses. 32 (43 ) The functions of the committee shall be to 33 advise and counsel with the department in the administration of the provisions 34 ofsections 22-2301 through 22-2318, Idaho Codethis chap- 35 ter . 36 (54 ) The committee shall meet at the call of 37 the chairman or the director of the Idaho department of agriculture. A major- 38 ity of the members present at any meeting shall constitute a quorum, and a 39 majority vote of the quorum at any meeting shall constitute an official act of 40 the committee. 41 (65 ) At the first meeting after July 1 in each 42 year, the committee shall select a chairman. The dean of the school of agri- 43 culture at the University of Idaho and the director of the Idaho department of 44 agriculture, or their representatives, shall be ex-officio members without the 45 right to vote. 46 SECTION 5. That Section 22-2304, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 22-23045 . LICENSE REQUIRED -- SCHEDULE OF FEES. 49 (1) It shall be unlawful for any person to engage in, conduct, or carry on the 50 business of propagating, growing, selling, dealing in, or importing into this 51 state, for sale or distribution, any nurseryand/or florist5 1'sstock, or to engage in landscape designing, or to act as agent, 2 salesman, or solicitor for any nurseryman, florist, landscapedesigner3contractor , or dealer in nurseryand/or 4 florist'sstock without first obtaining a license to do so from 5 the Idaho department of agriculture, and it shall be unlawful for any person 6 to falsely represent that he is the agent, salesman, solicitor, or representa- 7 tive of any nurseryman, florist, landscapedesignercon- 8 tractor , or dealer in nurseryand/or florist's9stock. 10 (2) The provisions of this chapter shall not apply to the sale of plants, 11 shrubs, scions, or florist'sstock by anyone not regularly 12 engaged in that business when said sales are only incident to the seller's 13 farming or gardening operations and the total amount of gross annual sales by 14 such seller does not exceed fifty dollars ($50.00). 15 (3) Every nurserymanand/or florist, landscape16designercontractor , dealer, or importer of nursery17and/or florist'sstock, or collector of native plants for 18 sale shall make application for a license therefor to the Idaho department of 19 agriculture upon a form to be prescribed and furnished by said department, pay 20 to said department the license fee as provided in subsection (5214 ) of this section. No license shall be issued until the 22 applicant therefor shall have paid the fee hereinafter provided. 23 (4)Class "A" nN urseries required to be 24 licensed shall consist ofthosenurserymen, florists, 25 dealers, landscapedesignerscontractors , and 26 importers of nurseryand/or florist'sstock, and 27 collectors of native plants for sale,doing a gross business of over one28thousand dollars ($1,000) per annum, whoand they shall 29 pay a license fee offiftyseventy-five dollars 30 ($ 7 50.00) for their principal place of business. 31Class "A" nN urseries with more than one (1) 32 retail outlet shall identify the number and location of such additional 33 outlets on the license application and pay an additionalfifty34 seventy-five dollars ($ 7 50.00) for 35 each such additional outlet. The license number shall be prominently displayed 36 in each outlet. Should the holder of aClass "A"nursery 37 license add one (1) or more outlets during the license 38 year, the department must be notified and thefiftyseven- 39 ty-five dollar ($ 7 50.00) surcharge for each 40 such outlet paid immediately. 41 (5)Class "B" nurseries shall consist of those persons doing a42gross business of one thousand dollars ($1,000) or less and shall pay a fee of43fifteen dollars ($15.00) per annum.44(6)Dealers shall keep accurate records of their sales and trans- 45 actions involving nurseryand/or florist'sstock and 46 shall produce the same at any time when so required by the Idaho department of 47 agriculture. At any hearing in which the amount of license fee to be paid by 48 any person is involved or any questions as to such person's claim for exemp- 49 tion from the provisions of this chapter, such person shall have the burden of 50 proof to establish his claim. 51 (76 ) A license fee for an agent as defined in 52 section 22-23012 , Idaho Code, is twenty-five dollars 53 ($25.00) per annum for each principal that the agent represents. Agents solic- 54 iting sales only from persons licensed under this chapter shall be exempt from 55 licensing fees. 6 1 (87 ) The fees for nursery or florist 2 stock inspection and special services performed for persons not 3 required to be licensed shall be as provided in rules promulgated 4 by the director. 5 SECTION 6. That Section 22-2305, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 22-23056 . TEMPORARY NURSERY OR FLORIST 8 SALE LICENSE OR LOCATION -- APPLICATION FEE -- CONDITION. 9 (1) Upon payment of a fee of twenty- five dollars ($ 2 10 5.00), a temporary nursery or florist sale license may be 11 issued by the department for holding of a nursery stock sale conducted by or 12 for the benefit of a duly registered nonprofit organization where such sale 13 does not exceed seven (7) consecutive days in any calendar year. 14 (2) Application for a temporary nursery or florist license 15 shall be made on a form furnished by the department, and shall be accompanied 16 by the license fee as required for each sale. 17 (3) The department may prescribe the conditions of such temporary nursery 18 and florist sale license, which conditions shall be stated in the 19 license. Any such license may be revoked or suspended by the department for 20 violation of any of the conditions stated therein. 21 (4) A licensed nursery or florist with a previously established 22 place of business may conduct business from a temporary location, provided 23 the location is not utilized for more than six (6) weeks in any calendar year. 24 25 SECTION 7. That Section 22-2306, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 22-23067 . RENEWAL OF LICENSE. (1) The fees for 28 the renewal of the annual license required by this chapter shall be paid with 29 the application for license renewal before January 1 of each year. Any 30 license not renewed by February 1 of each year shall be assessed an additional 31 twenty-five dollar ($25.00) fee along with the required license fee specified 32 in section 22-2305, Idaho Code. 33 (2) Failure to pay the fees when due forfeits the right to operate as a 34 grower, dealer, or agent. 35 (3) Any person who has been previously licensed to grow or sell nursery 36 or florist stock and whose right to grow or sell has been for- 37 feited shall not be issued a renewal license except upon written application 38 to the department accompanied by a sum of money equal to the regular license 39 fee as provided in section 22-23045 , Idaho Code. 40 SECTION 8. That Section 22-2307, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 22-23078 . AGENT'S LICENSE. (1) No agent's 43 license shall be issued or valid unless the agent's principal has given the 44 department written authorization to issue the license. 45 (2) An agent's license shall be automatically suspended during any period 46 when he is not acting as an agent or the principal has withdrawn or cancelled 47 the authorization. 48 (3) If his license has not expired, an agent may revive his license by 49 giving notice to the department that he is again acting as an agent. If the 7 1 agent represents a principal other than the one who gave the written authori- 2 zation to issue the license, subsection (1) of this section applies. 3 SECTION 9. That Section 22-2308, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 22-23089 . LICENSE NOT TRANSFERABLE -- MOVING 6 PLACE OF BUSINESS. (1) A license is personal to the applicant and may not be 7 transferred. A new license is necessary if the business entity of the licensee 8 is changed or if the membership of a partnership is changed, irrespective of 9 whether or not the business name is changed. 10 (2) The license issued to a grower or dealer applies to the particular 11 premises named in the license. However, if prior approval is obtained from the 12 department, the place of business may be moved to other premises or locations 13 without the necessity of relicensing. 14 SECTION 10. That Section 22-2309, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 22-23 1 09. SUSPENSION, REVOCATION, OR REFUSAL OF 17 LICENSE. The department may suspend, revoke, or refuse to issue or renew the 18 license of any person when it is satisfied that: 19 (1) The applicant or licensee has been guilty of fraud, deception, or 20 misrepresentation in the procurement of a license;and/or 21 (2) The licensee was guilty of violating any of the provisions of this 22 chapter. 23 SECTION 11. That Chapter 23, Title 22, Idaho Code, be, and the same is 24 hereby amended by the addition thereto of a NEW SECTION , to be 25 known and designated as Section 22-2311, Idaho Code, and to read as follows: 26 22-2311. ADVERTISEMENT OF NURSERY OR FLORIST STOCK FOR SALE. No person 27 may advertise in any media, any plant material covered under this chapter as 28 being for sale without disclosing the person's company name or license number. 29 SECTION 12. That Chapter 23, Title 22, Idaho Code, be, and the same is 30 hereby amended by the addition thereto of a NEW SECTION , to be 31 known and designated as Section 22-2312, Idaho Code, and to read as follows: 32 22-2312. WHOLESALE SALES. No licensed nursery or florist may make whole- 33 sale sales of plant material for resale to an unlicensed nursery, florist, or 34 landscape contractor. 35 SECTION 13. That Section 22-2310, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 22-23103 . ISSUANCE OF SHIPPING PERMIT NUMBERS. 38 (1) The department may issue a shipping permit number to any licensee who 39 requests or requires one. 40 (2) When authorized or required by the department, the shipping permit 41 number shall accompany all shipments and deliveries of nursery or 42 florist stock. Authorization for such use of a shipping permit number 43 shall be renewed at least annually, subject toregulations44 rules promulgated by the director. Use of a shipping permit number 45 without proper authorization shall constitute a violation of this chapter. 8 1 SECTION 14. That Section 22-2311, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 22-23114 . INSPECTION OF LICENSED AND UNLICENSED 4 NURSERIES -- ADDITIONAL INSPECTIONS AND SPECIAL SERVICES -- FEES. (1) The 5 department shall inspect each licensed nursery and florist as 6 often as the department considers necessary to determine and control pest 7 s, disease, and noxious weed conditions. 8 (2) The department may make additional inspections and perform special 9 services as needed in addition to those in paragraph (a) of this subsection 10 including, but not limited to: 11 (a) Inspections for and issuance of phytosanitary certificates and other 12 certificates required for entrance of nursery or florist 13 stock into other states and foreign countries; 14 (b) Services performed to verify compliance with import regulations of 15 other states and foreign countries; and 16 (c) Observing application of pesticides, including fumigants, on nursery 17 or florist stock for phytosanitary purposes. 18 (3) The director shall maintain a schedule of fees for such additional 19 inspections as may be required or requested. 20 SECTION 15. That Section 22-2312, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 22-23125 . SUBSTITUTION OR TRANSPORTATION OF 23 UNINSPECTED NURSERY OR FLORIST STOCK PROHIBITED. No person shall: 24 (1) Substitute other nursery or florist stock for nursery 25 or florist stock covered by an inspection certificate;and/26or 27 (2) Transport or accept for transportation within the state of Idaho 28 nursery or florist stock that does not carry the official inspec- 29 tion tag authorized by the department. 30 SECTION 16. That Section 22-2313, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 22-23136 . MISREPRESENTATION OF NURSERY STOCK BY 33 GROWER, DEALER, OR AGENT PROHIBITED -- TAGS OR LABELS REQUIRED ON FRUIT TREES 34 -- NURSERY OR FLORIST STOCK AS HORTICULTURAL PRODUCT. (1) No 35 grower, dealer, or agent shall: 36 (a) Sell nursery or florist stock representing it to be a 37 name, age, or variety different from what the nursery or florist 38 stock actually is;and/or 39 (b) Represent that any nursery or florist stock is a new 40 variety when, in fact, it is a standard variety and has been given a new 41 name;and/or 42 (c) Sell or present cormels as corms or bulblets as bulbs. 43 (2) In addition the grower, dealer, or agent shall attach to every bundle 44 of fruit-bearing trees sold or shipped within this state a tag or label speci- 45 fying the name of the variety of trees contained therein. If the bundle shall 46 contain trees of different varieties, such label or tag shall be attached to 47 each tree or group of trees of the same variety. 48 SECTION 17. That Section 22-2314, Idaho Code, be, and the same is hereby 49 amended to read as follows: 9 1 22-23147 . KNOWINGLY SELLING, ADVERTISING, OR 2 DISPLAYING DAMAGED, MISREPRESENTED, OR MISLABELED NURSERY OR FLORIST 3 STOCK PROHIBITED. (1) No person shall knowingly offer to sell, adver- 4 tise, or display nursery or florist stock: 5 (a) That is dead, in a dying condition, seriously broken, desiccated, 6 frozen or damaged by freezing, or materially damaged in any way; 7 (b) By any methods which have the capacity and tendency or effect of 8 deceiving any purchaser or prospective purchaser as to the quantity, size, 9 grade, kind, species, name, age, variety, maturity, condition, vigor, 10 hardiness, number of times transplanted, growth ability, growth character- 11 istics, rate of growth, or time required before flowering or fruiting, 12 price, origin, or place where grown, or in any other material respect; 13 (c) That fails to meet the grade with which it is labeled; 14 (d) By making other false or fraudulent representations in connection 15 with the sale of nursery or florist stock. 16 SECTION 18. That Section 22-2315, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 22-23158 . KNOWINGLY SELLING, MOVING, OR STORING 19 INFECTED OR INFESTED NURSERY OR FLORIST STOCK PROHIBITED -- SEI- 20 ZURE. (1) No person shall knowingly offer to sell nursery or florist 21 stock that is infected or infested. 22 (2) Unless the nursery or florist stock is held for separa- 23 tion or treatment under the supervision of an officer, employee, or inspector 24 of the department, no person shall advertise, display, transport, move , 25 store, or warehouse nursery or florist stock that is 26 infected or infested. 27 (3) Any infected or infested nursery or florist stock may be 28 seized. 29 (a) As used in this section, "infected" means any appearance of a disease 30 symptom or causal agent that may, in the opinion of the department, be a 31 menace to other nursery or florist stock or any products or 32 properties. 33 (b) As used in this section, "infested" means when the mature or immature 34 form of any plant pest, including noxious weeds as defined by the depart- 35 ment, is found in such numbers as, in the opinion of the department, to be 36 a menace to other nursery or florist stock or any product or 37 properties. 38 SECTION 19. That Section 22-2316, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 22-23169 . STOP SALE ORDER -- CONDEMNATION. (1) 41 The department may issue and enforce a written or printed "stop-sale" order to 42 any dealer, agent, grower, or other person who is the owner or custodian of 43 any nurseryand/or florist'sstock when the depart- 44 ment finds such nurseryand/or florist'sstock is 45 being offered for sale in violation of any of the provisions of this chapter. 46 (2) The "stop-sale" order shall be in effect until the provisions of this 47 chapter have been complied with and said nurseryand/or 48 florist'sstock is released by order, in writing, of the depart- 49 ment. If the nursery or florist stock under "stop-sale" order is 50 determined after a reasonable period to be in such condition that neither 51 treatment nor passage of time will enable it to meet the requirements of this 10 1 chapter for sale, the department may order such nursery or florist 2 stock destroyed. 3 SECTION 20. That Section 22-2317, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 22-231720 . IMPORTED NURSERY OR FLORIST 6 STOCK TO BEAR CERTIFICATE OF ORIGIN -- CONTENTS. Nursery or 7 florist stock imported into Idaho must be accompanied by a certificate 8 from the place of origin, signed by an authorized agent or representative of 9 the agency supervising and responsible for carrying out the nursery and 10 florist stock laws of such originating state or country. The certifi- 11 cate shall contain additional information as may be required by the department 12 to carry out and enforce the provisions ofsections 22-2301 through1322-2318, Idaho Codethis chapter . 14 SECTION 21. That Chapter 23, Title 22, Idaho Code, be, and the same is 15 hereby amended by the addition thereto of a NEW SECTION , to be 16 known and designated as Section 22-2321, Idaho Code, and to read as follows: 17 22-2321. NURSERY STOCK STANDARDS. Nursery stock standard for grade, qual- 18 ity and size shall be those as published by the American nursery and landscape 19 association. The department shall not actively enforce these standards except 20 in the case of a complaint or dispute. 21 SECTION 22. That Chapter 23, Title 22, Idaho Code, be, and the same is 22 hereby amended by the addition thereto of a NEW SECTION , to be 23 known and designated as Section 22-2322, Idaho Code, and to read as follows: 24 22-2322. RECIPROCITY. The department will honor the nursery and florist 25 license of a company doing business in, but not physically located in or hav- 26 ing an agent in the state, provided that the license is issued by the appro- 27 priate regulatory authority in the state of origin, and that authority accepts 28 the licenses issued by the Idaho department of agriculture for Idaho companies 29 doing business in the same manner within that state. 30 SECTION 23. That Section 22-2318, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 22-231823 . DISPOSITION AND USE OF MONEY 33 RECEIVED. Feessocollected shall be paid into the state treasury 34 and credited to the agriculture inspection account created by section 22-104, 35 Idaho Code, and such fees shall be used only to carry out the provisions of 36 this chapter. Additionally, twenty-five dollars ($25.00) from each 37 license fee collected under this chapter shall be credited to a special nurs- 38 ery research account. The state nursery and florist advisory committee shall 39 approve the distribution of research funds to further research into nursery 40 and floral production and pest control. 41 SECTION 24. That Section 22-2319, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 22-231924 . VIOLATION. (1) Any per- 44 son who shall violate or fail to comply with any of the provisions of this 45 chapter shall be deemed guilty of a misdemeanor. 11 1 (2) Any person who violates or fails to comply with any of the pro- 2 visions of this chapter or any rules promulgated under this chapter may be 3 assessed a civil penalty by the department or its duly authorized agent of not 4 more than five hundred dollars ($500) for each offense and shall be liable for 5 reasonable attorney's fees. Assessment of a civil penalty may be made in con- 6 junction with any other administrative action of the department. No civil pen- 7 alty may be assessed unless the person charged was given notice and opportu- 8 nity for a hearing pursuant to the Idaho administrative procedure act. If the 9 department is unable to collect such penalty or if any person fails to pay all 10 or a set portion of the civil penalty as determined by the department, it may 11 recover such amount by action in the appropriate district court. Any person 12 against whom the department has assessed a civil penalty under the provisions 13 of this section may, within thirty (30) days of the final action by the agency 14 making the assessment, appeal the assessment to the district court of the 15 county in which the violation is alleged by the department to have occurred. 16 Moneys collected pursuant to this section shall be remitted to the agricul- 17 tural inspection account. 18 (3) Nothing in this chapter shall be construed as requiring the director 19 to report minor violations for prosecution when he believes that the public 20 interest will be best served by suitable warnings or other administrative 21 action. 22 SECTION 25. That Section 22-2320, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 22-23205 . SEVERABILITY. The provisions of this 25 act are hereby declared to be severable and if any provision of this act or 26 the application of such provision to any person or circumstance is declared 27 invalid for any reason, such declaration shall not affect the validity of 28 remaining portions of this act.
STATEMENT OF PURPOSE
RS 07817C1
This RS is a revision of the Idaho Nursery and Florist's Law
first enacted in 1984. The revisions include combining of the
two licensing classes into one class, raising licensing fees
from $50 to $75, an implementation of a $25 late licensing
fee, raising temporary licensing fees from $5 to $25,
requiring an annual publication, adding new definitions,
restricting wholesale sales, requiring advertisers to list
their company name or license number, adopting nursery stock
standards, license reciprocity between states under certain
conditions, and providing for civil penalties.
FISCAL IMPACT
In 1997 there were 919 Class A and 445 Class B licenses which
yielded $52,625 in licensing fees. The proposed changes would
combine both license classes and raise the cost of a license
to $75. Using the 1997 license figures (1,364 licenses)
collections in the neighborhood of $102,300 could be expected,
$34,100 of which would be mandated to go into a research fund.
The Nursery Advisory Board will determine the use of the
research fund. The remaining $68,200 would go to the State
Department of Agriculture to run the nursery program, an
increase of $15,575 over 1997 license collections. An
additional $3,000-$4,000 may be collected through the
implementation of a late licensing fee.
Contact
Name: Senator Shawn Keough
Phone: 332-1340
Statement of Purpose/Fiscal Impact
S 1413