Idaho State Statutes - Idaho Attorney Directory

(1) Requirement of arbitration. When any buyer
claims to have been damaged by the failure of any seed for planting to produce
or perform as represented by the required label to be attached to such seed
under section 22-415, Idaho Code, or by warranty, or as a result of
negligence, as a prerequisite to the buyer's right to maintain a legal action
against the dealer or any other seller of such seed, the buyer shall first
submit the claim to arbitration as provided in this section. The monetary
value of the claim must exceed three thousand dollars ($3,000). Any applicable
period of limitations with respect to such claim shall be tolled until ten
(10) days after the filing of the report of arbitration with the director of
the department of agriculture as provided in subsection (5)(i) of this
section.
(2) Notice of arbitration requirement. Conspicuous language calling
attention to the requirement for arbitration under this section shall be
referenced or included on the analysis label required under section 22-415,
Idaho Code, or otherwise attached to the seed bag or package. Arbitration
shall not be required unless this notice is included. A notice in the
following form, or equivalent language, shall be sufficient:
NOTICE OF REQUIRED ARBITRATION
Under the seed laws of some states, arbitration is required
as a precondition of maintaining certain legal actions,
counterclaims or defenses against a seller of seed. The
buyer must file a complaint along with the filing fee with
the Idaho Department of Agriculture within such time as to
permit inspection of the crops, plants or trees. The buyer
shall notify and serve a copy of the complaint upon the
seller by certified mail.
(3) Effect of arbitration.
(a) Agreement to arbitrate. The report of arbitration shall be binding
upon all parties to the extent, if any, that they have so agreed in any
contract governing the sale of the seed.
(b) Commencement of legal action. In the absence of an agreement to be
bound by arbitration, a buyer may commence legal proceedings against a
seller or assert such claim as a counterclaim or defense in any action
brought by the seller, at any time after the receipt of the report of
arbitration.
(c) Use as evidence. In any litigation involving a complaint which has
been the subject of arbitration under this section, any party may
introduce the report of arbitration as evidence of the findings of the
report, and the court may give such weight to the arbitration council's
findings and recommendations as to damages and costs, as the court may see
fit based upon all the evidence before the court. The court may also take
into account any finding of the arbitration council with respect to the
failure of any party to cooperate in the arbitration proceedings
including, any finding as to the effect of delay in filing the arbitration
claim upon the arbitration council's ability to determine the facts of the
case.
(4) Seed arbitration council. The director of the department of
agriculture shall appoint an arbitration council composed of six (6) members
and five (5) alternate members. An Idaho department of agriculture
representative and an alternate shall serve as permanent members. One (1)
member and one (1) alternate shall be appointed upon the recommendation of
each of the following:
(a) The associate dean of the college of agriculture; director of the
Idaho agricultural experiment stations, college of agriculture, university
of Idaho.
(b) The department head of plant, soil and entomological sciences,
college of agriculture, university of Idaho.
(c) The president of Idaho-eastern Oregon seed association.
(d) The president of the Idaho crop improvement association.
(e) The president of the Idaho farm bureau.
Initially, three (3) members and their alternates shall be appointed for
four (4) year terms and three (3) members and their alternates shall be
appointed for two (2) year terms. Thereafter, members and alternates shall be
appointed for four (4) year terms.
Each alternate member shall serve only in the absence of the member for
whom the person is an alternate. No member or alternate shall be involved in
an investigation of a complaint if he, his employer or employee is named in
the filed complaint.
Either the buyer or the seller may challenge any member or alternate of
the council if there is reason to believe that a conflict of interest exists.
In the event that a member or alternate is challenged, the director of the
department of agriculture shall appoint, with the consent of the buyer and
seller, a replacement, who shall be knowledgeable about agricultural
husbandry.
The council shall elect a chairman and a secretary from its membership.
The chairman shall conduct meetings and deliberations of the council and
direct all of its other activities. The secretary shall keep accurate records
of all such meetings and deliberations and perform such other duties for the
council as the chairman may direct.
The purpose of the council is to conduct arbitration as provided in this
section. The council may be called into session by or at the direction of the
director or upon direction of its chairman to consider matters referred to it
by the director or such chairman in accordance with this section.
(5) Procedures.
(a) Commencement. A buyer may invoke arbitration by filing a sworn
complaint with the director together with a filing fee of one hundred
dollars ($100) which is nonrefundable. The buyer shall serve a copy of the
complaint upon the seller by certified mail within such time as to permit
inspection of the crops, plants or trees by the seed arbitration council
or its representatives and by the dealer or seller from whom the seed was
purchased. If the seeds are not planted, the buyer shall serve a copy of
the complaint upon the seller by certified mail not later than two (2)
years after the purchase of the seed lot.
(b) Seller's answer. Within twenty (20) days after receipt of a copy of
the complaint, the seller shall file with the director an answer to the
complaint and serve a copy of the answer upon the buyer by certified mail.
(c) Referral to arbitration council. The director shall refer the
complaint and answer to the council for investigation, findings and
recommendation.
(d) Investigation. Upon referral of a complaint for investigation the
council shall make a prompt and full investigation of the matters
complained of and report its findings and recommendations to the director
within sixty (60) days of such referral or such later date as parties may
determine.
(e) Scope of report. The report of the council shall include findings and
recommendations as to investigation costs, if any, for settlement of a
complaint.
(f) Authority of council. In the course of its investigation, the council
or any of its members may:
(i) Examine the buyer and the seller on all matters which the
council considers relevant.
(ii) Grow to production a representative sample of the seed through
the facilities of the director or a designated university.
(iii) Submit seed samples for testing by state seed laboratory or
appropriate laboratory.
(iv) Hold informal hearings at such time and place as the chairman
may direct upon reasonable notice to all parties.
(v) Upon the chairman's request, call any person in for comments
knowledgeable on any matter under investigation.
(vi) Assess the cost of conducting the investigation to the
nonprevailing party or between the parties of a given complaint when
deemed appropriate.
(vii) Include as the cost of investigation: travel, lodging and meals
as established by the state, for any witness called by the council,
and other administrative and secretarial expenses.
(g) Delegation. The council may delegate all or any part of any
investigation to one (1) or more of its members. Any such delegated
investigation shall be summarized in writing and considered by the council
in its report.
(h) Compensation. The members of the council shall be compensated as
provided in section 59-509(b), Idaho Code.
(i) Distribution of report. After the council has made its report the
director shall promptly transmit the report by certified mail to all
parties.

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