TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 12

POTATO COMMISSION

22-1204.  Definitions. As used in this act:

1.  The term "commission" means the Idaho potato commission.

2.  The term "person" means individual, partnership, corporation, association, grower and/or any other business unit.

3.  The term "potatoes" means and includes only potatoes sold or intended for human consumption and grown in the state of Idaho.

4.  "Shipment" of potatoes shall be deemed to take place when the potatoes are loaded within the state of Idaho, in a car, bulk, truck or other conveyance in which the potatoes are to be transported for sale or otherwise.

5.  The term "dealer" means and includes any person engaged in the business of buying, receiving, processing, or selling potatoes for profit or remuneration.

6.  The term "shipper" means and includes one who is properly licensed under federal and state laws, actively engaged in the packing and shipping of potatoes in the primary channel of trade in interstate commerce in the state of Idaho, who does not provide the primary management to a growing or processing operation, and who ships more than he produces.

7.  The term "grower" means one who is actively engaged in the growing of potatoes on five (5) or more acres in the state of Idaho, and who does not provide the primary management to a shipping or processing operation.

8.  Potatoes shall be deemed to be delivered into the primary channel of trade when any such potatoes are sold or delivered for shipment, or delivered for canning and/or processing into by-products.

9.  The term "hundredweight" means each one hundred (100) pound unit or combination of packages making a one hundred (100) pound unit of any shipment of potatoes based on invoice and/or bill of lading records.

10.  The term "processor" means a person who is actively engaged in the processing of potatoes in the state of Idaho for human consumption.

11.  The term "processing" means changing the form of potatoes from the raw or natural state into a product for human consumption.

12.  The term "handler" means and includes any person processing potatoes or handling them in the primary channel of trade.

13.  The term "tax" means an assessment levied on potatoes covered by this act for the sole purpose of financing, on behalf of the potato industry in Idaho, the commission’s activities in carrying out the purposes of this act.

Notwithstanding any other provision of law to the contrary, the commission shall not be authorized to promulgate rules relating to the amendments to the definitions of the terms "shipper," "grower," and "processor" as provided for in this act for a period of one (1) year from the effective date of this act.

History:

[22-1204, added 1939, ch. 172, sec. 4, p. 312; am. 1957, ch. 274, sec. 2, p. 632; am. 1961, ch. 316, sec. 2, p. 603; am. 1969, ch. 213, sec. 3, p. 614; am. 1973, ch. 121, sec. 1, p. 229; am. 2019, ch. 201, sec. 1, p. 619.]