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.
lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Idaho Code 22-2017

  • Area: means any political division or subdivision or any officially defined area including adjacent parts of contiguous political divisions or subdivisions. See Idaho Code 22-2005
  • Control: means abatement, suppression, containment or eradication of a pest population. See Idaho Code 22-2005
  • Crop management area: means that area in which certain specified crop management practices are required. See Idaho Code 22-2005
  • Director: means the director of the Idaho state department of agriculture or his duly authorized representative. See Idaho Code 22-2005
  • Free from: means that either a valid detection survey has been performed or there is no published record showing that a specific pest is present; or that the article, nursery stock, plant, plant product or any other regulated article has been visually inspected or tested in accordance with specified requirements and that no live life stage of the regulated pest(s) was found. See Idaho Code 22-2005
  • Host: means any appliance, article, commodity, nursery stock, plant, plant product or any other item which may or may not be capable of transporting a pest from one place to another. See Idaho Code 22-2005
  • Infested: means a plant that has been determined by the department to be contaminated by a plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. See Idaho Code 22-2005
  • Management area: means that area in which certain specified crop management practices are required. See Idaho Code 22-2005
  • Owner: means the person, with the legal right of possession, proprietorship of, or responsibility for the property or place where any of the regulated articles as defined in this chapter are to be found, or the person who is in possession of, in proprietorship of, or has responsibility for the regulated articles. See Idaho Code 22-2005
  • Plant: means any part of a plant, tree, aquatic plant, plant product, plant material, shrub, vine, fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit pit, also including:
Idaho Code 22-2005
(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.