Idaho State Statutes - Idaho Attorney Directory

The legislature recognizes the fact that
in order to produce crops that are free from plant pests, and to control such
plant pests, it is frequently necessary to apply certain crop management
practices over an area which may include several farms, orchards, nurseries or
other crop producing entities. Such practices may include, but are not limited
to, use of clean seed, destruction of infested or undesirable plants, use of
chemicals and prohibiting introduction of host materials. The legislature
further recognizes that it is in the public interest that the director be
authorized to designate certain areas as crop management areas and to
stipulate those practices which shall be followed in the management area
insofar as they affect the particular crop.
(1) The director may provide for establishment of a crop management area
after presentation of a petition signed by not less than twenty-five (25)
registered electors residing within the confines of the proposed crop
management area. The petitioners shall give the petition to the county clerk
of the county or counties who shall examine the signatures and certify the
number of valid signatures of electors residing within the confines of the
proposed crop management area and transmit the petition to the director. The
director may establish a crop management area within the boundaries specified
in the petition.
(2) In instances where there are less than twenty-five (25) registered
electors residing within the confines of the proposed crop management area, a
majority of those registered electors must sign the petition in order for the
petition to be considered by the director. The petitioner(s) of the proposed
crop management area shall present the petition to the county clerk of the
county of the proposed crop management area. The county clerk of the county
shall examine the signatures presented by the petitioner(s) and shall certify
that the number of valid signatures constitutes a majority of electors
residing within the confines of the proposed crop management area. The county
clerk of the county shall then transmit the petition to the director. The
director may establish a crop management area within the boundaries specified
in the petition.
(3) In instances where there are no registered electors residing within
the confines of the proposed crop management area, the petitioner(s) of the
proposed crop management area shall present the petition to the county clerk
of the county of the proposed crop management area. The county clerk of the
county shall notify the director in writing certifying that there are no
registered electors residing in the proposed crop management area. The county
clerk of the county shall then transmit the petition to the director. The
director may establish a crop management area within the boundaries specified
in the petition.
(4) The director may make and enforce rules to maintain the management
area. Rules may include, but shall not be limited to:
(a) Specification of the kind and quality of seed or other propagative
material which may be planted in the area;
(b) Specification of treatments, chemical or otherwise, which shall be
used to control pests or undesirable plants in the area;
(c) Transportation of vegetative material into, within or out of the
area;
(d) Disposition of infested crops, undesirable plants or other material
which may include destruction of the crops, plants or other material;
(e) Disposition of vegetative material planted in violation of the rules.
(5) Disposition of infested or violative material in a crop management
area shall be at the expense of the owner thereof.

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