Idaho State Statutes - Idaho Attorney Directory

The duty of enforcing the
provisions of this chapter and carrying out its provisions and requirements
shall be vested in the director pursuant to section 22-103, Idaho Code.
Additional duties of the director or his authorized agents shall include, but
are not limited to, the following:
(1) To establish and maintain or make provision for seed testing
facilities.
(2) To have analyses and tests of samples of seed made as necessary.
(3) To make or provide for making purity and germination tests of seeds
for farmers and dealers on request.
(4) The director of the department of agriculture may by rule set the
service and license fees to be collected. Fees so collected shall be paid into
the state treasury and credited to the agriculture department inspection
account, created in section 22-104, Idaho Code, and such fees shall be used
only to pay the costs of operating the state seed laboratory.
(5) To enter upon any public or private premises during regular business
hours in order to have access to seeds subject to this chapter.
(6) To sample and inspect agricultural, vegetable, flower, tree and shrub
seeds transported, sold, offered or exposed for sale, or delivered under a
contract within this state for sowing purposes, at such time and place and to
such extent as he may deem necessary to determine whether the seeds are in
compliance with the provisions of this chapter, and to notify promptly the
person who transported, sold, offered or exposed the seed for sale of any
violation.
(7) To issue and enforce a "stop-sale" order to the owner or custodian of
any lot of seed which is in violation of any of the provisions of this
chapter, which order shall prohibit further sale or delivery under a contract
of the seed until such officer has evidence that the law has been complied
with; provided, that in respect to seeds which have been denied sale as
provided in this paragraph, the owner or custodian of such seeds shall have
the right to appeal from such order to the district court of the county in
which the seeds are found, praying for a judgment as to the justification of
the order and for the discharge of such seed from the order prohibiting the
sale in accordance with the findings of this court; and provided further, that
the provisions of this paragraph shall not be construed as limiting the right
of the enforcement officer to proceed as authorized under other sections of
this chapter.
(8) To cooperate with the United States department of agriculture and
other agencies in seed law enforcement.
(9) To notify in writing, the proprietor of any plant variety protected
under the United States plant variety protection act when any sample of a
proprietor's variety is received for testing at the Idaho state seed
laboratory.
(10) To cooperate fully with the proprietor of any plant variety which is
protected under the United States plant variety protection act to secure for
the proprietor the full protection afforded under the United States plant
variety protection act or the federal seed act, or both, by releasing to the
proprietor any and all knowledge as may come to the attention of the director
or his authorized agents in regard to the illegal use of any United States
protected variety.
(11) To prescribe and adopt rules governing:
(a) The methods of sampling, inspecting, analysis tests and examination
of seed, and the tolerances to be followed in the administration of this
chapter, which shall be in general accord with officially prescribed
practice in interstate commerce;
(b) Reasonable standards of germination for vegetable seeds and flower
seeds;
(c) Labeling of flower seeds;
(d) A list of the kinds of flower seeds subject to the flower seed
germinations labeling requirements;
(e) A list of the tree and shrub species subject to germination labeling
requirements;
(f) A list of species that may be tetrazolium tested in lieu of
germination testing.

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