Print Friendly HOUSE BILL NO. 739 – Pure seed dealers, licenses, fees
HOUSE BILL NO. 739
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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
|||| 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
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-
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
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-
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
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
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-
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
STATEMENT OF PURPOSE
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
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
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 739