Idaho Code > Title 5 > Chapter 5 – Commencement of Actions
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Terms Used In Idaho Code > Title 5 > Chapter 5 - Commencement of Actions
- Acceptable level: means the probable level of harm that is so low that the imposition of phytosanitary requirements is not required; or the probable level of harm that the trade partners agree to achieve through or by the imposition of pest risk mitigation measures or strategies and accept for continued trade when confirmed by phytosanitary certification of specified host commodities. See Idaho Code 22-2005
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means :
Idaho Code 22-2402Agent: means any person who on behalf of any other person receives on consignment, contracts for, or solicits for sale on commission, any plant product from a producer of such product, or who negotiates the consignment or purchase of any plant product on behalf of any other person. See Idaho Code 22-2005 agricultural products: shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products;
Idaho Code 22-2602Agriculture: means the production of plants. See Idaho Code 22-2005 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Amortization: Paying off a loan by regular installments. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Apiary: means any place where one (1) or more colonies of bees are kept, or one (1) or more hives containing honey combs or bee combs are kept. See Idaho Code 22-2502 Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appliance: means any box, tray, container, ladder, tent vehicle, implement or other article which is, or may be, used in connection with the growing, harvesting, handling or transportation of any agricultural commodity. See Idaho Code 22-2005 Applicable fund or account: means :
Idaho Code 22-2402Appraisal: A determination of property value. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization 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 Article: means a particular kind of object, and includes any type of conveyance, mode of transport or associated materials such as water. See Idaho Code 22-2402 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. association: means any corporation organized under this chapter; and
Idaho Code 22-2602Bee diseases: means a condition of a colony of bees wherein sufficient numbers of individual bees or the colony as a whole are afflicted by or infested with bacterial, fungal, viral, parasitic, or other organisms to the extent that the well-being of the colony is affected. See Idaho Code 22-2502 Bees: means any stage of common honey bee, Apis mellifera L. See Idaho Code 22-2502 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bequest: Property gifted by will. Brand: means the term, designation, trademark, product name or other specific designation under which individual soil amendments or plant amendments are offered for sale. See Idaho Code 22-2203 Bulk: means in nonpackaged form or in packages of one (1) cubic yard or more. See Idaho Code 22-2203 Certificate: means a document authorized or prepared by a duly authorized federal or state regulatory official that affirms, declares or verifies that an article, nursery stock, plant product, shipment or any other officially regulated article meets phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or certification, or other set of legal requirements. See Idaho Code 22-2005 Certification: means the official act of affirming, declaring or verifying compliance with phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or any other set of legal requirements. See Idaho Code 22-2005 Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. Colony: means the hive and bees therein with or without extra supers. See Idaho Code 22-2502 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Composting: means the biological decomposition of organic matter. See Idaho Code 22-2203 Containment: means halting the spread of a weed infestation beyond specified boundaries. See Idaho Code 22-2402 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Control: means abatement, suppression, containment or eradication of a pest population. See Idaho Code 22-2005 Control: means any or all of the following: prevention, rehabilitation, eradication or modified treatments. See Idaho Code 22-2402 Control authority: means :
Idaho Code 22-2402Control order: means a written directive from the director requiring the control of a pest. See Idaho Code 22-2005 Conveyance: means a method of transportation. See Idaho Code 22-2005 Conviction: A judgement of guilt against a criminal defendant. Coproduct: means a chemical substance produced for a commercial purpose during the manufacture, processing, use or disposal of another chemical substance or mixture. See Idaho Code 22-2203 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Crop management area: means that area in which certain specified crop management practices are required. See Idaho Code 22-2005 Crop seed: means the seed or seedlike fruit of grain, beans, flax, beets, onions or any other crop whether or not it is intended for planting purposes. See Idaho Code 22-2005 Customer formula mix: means a soil amendment or plant amendment which is prepared to the specifications of the final purchaser. See Idaho Code 22-2203 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Deficiency: means the amount of ingredient found by analysis to be less than that guaranteed, which may result from a lack of ingredients or lack of uniformity. See Idaho Code 22-2203 Department: means the Idaho state department of agriculture. See Idaho Code 22-2005 Department: means the Idaho department of agriculture. See Idaho Code 22-2203 Department: means the Idaho state department of agriculture. See Idaho Code 22-2402 Dependent: A person dependent for support upon another. Devise: To gift property by will. Director: means the director of the Idaho state department of agriculture or his duly authorized representative. See Idaho Code 22-2005 Director: means the director of the Idaho department of agriculture or his duly authorized representative. See Idaho Code 22-2203 Director: means the director of the department of agriculture or the director’s designated agent. See Idaho Code 22-2402 Director: means the director of the Idaho department of agriculture or his designated agent. See Idaho Code 22-2502 Distribute: means to import, consign, manufacture, produce, compound, mix, or blend soil amendments or plant amendments, or to offer for sale, sell, barter or otherwise supply soil amendments and plant amendments in this state. See Idaho Code 22-2203 Distributor: means any person who distributes. See Idaho Code 22-2203 Economically unacceptable impact: means that level of adverse economic impact which is identified and defined for plants for planting by a duly authorized federal or state plant protection organization. See Idaho Code 22-2005 Endangered area: means continent, region, country, state, county, province, municipality or any other delineated political or otherwise lawfully constituted geographic area which has been officially identified for protection from injurious pests not already present. See Idaho Code 22-2005 Equipment: means hives, supers, frames, veils, gloves or any apparatus, tools, machines or other devices used in the handling and manipulation of bees, wax and hives, and shall also include any containers for honey and wax which may be used in any apiary or in transporting bees and their products and apiary supplies. See Idaho Code 22-2502 Eradication: means elimination of a pest based on absence determined by a negative, mutually agreed upon verification survey for the target pest. See Idaho Code 22-2005 Eradication: means the elimination of a noxious weed based on absence as determined by a visual inspection by the control authority during the current growing season. See Idaho Code 22-2402 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executor: A male person named in a will to carry out the decedent Exotic strain of bees: means African or Africanized bees (Apis mellifera scutellata) or any other developed strain of bees known to be harmful, but not known to be present ordinarily in this state. See Idaho Code 22-2502 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Fiduciary: A trustee, executor, or administrator. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve Grain: means any crop seed intended for human or animal consumption. See Idaho Code 22-2005 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Hive: means frame, hive, box, barrel, log gum, skep, or any other receptacle or container, natural or artificial, or any part thereof, which may be used as a domicile for bees. See Idaho Code 22-2502 Hold order or stop sale: means any written directive issued by the director to a person who owns or controls any appliance, article, nursery stock, plant, plant product or any other article that has been determined to be, or likely to be, infested with regulated pest(s) or otherwise not in compliance with this chapter or rules promulgated hereunder, prohibiting movement from one location to another, except as otherwise prescribed in the directive. 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 Infected: means a plant that has been determined by the department to be contaminated with an infectious, transmissible, or contagious plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. 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 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Investigator: means any person duly authorized by the director to perform any required regulatory activity. See Idaho Code 22-2005 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Label: means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a soil amendment or plant amendment. See Idaho Code 22-2203 Labeling: means all written, printed or graphic matter, upon or accompanying any soil amendment or plant amendment, or advertisements, brochures, posters, or television or radio announcements used in promoting the sale of the soil amendment or plant amendment. See Idaho Code 22-2203 Land: means all soil or water or other growing medium. See Idaho Code 22-2402 Landowner: means :
Idaho Code 22-2402Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Lien: A claim against real or personal property in satisfaction of a debt. Limited distribution: means a pest known to occur in the state, but with a limited distribution to a single small geographic area or a few small geographic areas which are widely separated within the state. See Idaho Code 22-2005 Management area: means that area in which certain specified crop management practices are required. See Idaho Code 22-2005 Manufacture: means to compound, produce, granulate, mix, blend, repackage or otherwise alter the composition of soil amendment or plant amendment materials. See Idaho Code 22-2203 Mark: means , for purposes of identification or separation, the department may affix a conspicuous official indicator to, on, around or near, plants or plant material known, or suspected to be, infected or infested with a plant pest. See Idaho Code 22-2005 member: shall include actual members of associations without capital stock and holders of common stock in associations organized with capital stock;
Idaho Code 22-2602Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114 Move: means to ship, offer for shipment, receive for transport, carry or, in any manner whatsoever, relocate a regulated article from one place to another. See Idaho Code 22-2005 Mulch: means any organic or inorganic soil surface cover used to help retain moisture longer in the soil by retarding evaporation, to discourage weed growth, to help maintain a constant temperature by insulating the soil, to discourage runoff and soil erosion by shielding the soil surface from water abrasion or to promote water absorption and retention. See Idaho Code 22-2203 Noxious weed: means any plant having the potential to cause injury to public health, crops, livestock, land or other property; and which is designated as noxious by the director. See Idaho Code 22-2402 Nursery stock: means all plants or any part thereof, such as aquatic or herbaceous plants, bulbs, sod, buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamental trees and shrubs, berry plants, and all trees, shrubs, vines, and plants collected in the wild that are grown or kept for propagation or sale. See Idaho Code 22-2005 Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Official: means authorized, implemented and directed, or performed by a government plant protection organization. See Idaho Code 22-2005 Official sample: means any sample of soil amendment or plant amendment taken by the director or his agent. See Idaho Code 22-2203 Officially controlled: means the conduct, by an official government plant protection organization, of eradication or intensive suppression activity including various treatments, quarantine and other measures with the goal of eliminating an isolated infestation or prevention of further spread within the endangered area. See Idaho Code 22-2005 Other ingredients: means the nonsoil amending or nonplant amending ingredients present in soil amendments or plant amendments. See Idaho Code 22-2203 Oversight: Committee review of the activities of a Federal agency or program. 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 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Permit: means any official document that allows the movement of any regulated article from one location to another in accordance with specified conditions or requirements and for a specified purpose. See Idaho Code 22-2005 Person: means , but is not limited to, any individual, partnership, corporation, company, firm, society, association, organization, government agency or any other entity. See Idaho Code 22-2005 Person: means individual, partnership, association, firm or corporation. See Idaho Code 22-2203 Person: means any individual, partnership, firm, agency, corporation, company, society or association. See Idaho Code 22-2402 person: shall include individuals, firms, partnerships, corporations and associations. See Idaho Code 22-2602 person: includes a corporation as well as a natural person;
Idaho Code 73-114Persons: means individuals, associations, partnerships and corporations. See Idaho Code 22-2502 Pest: means any insect, snail, rodent, nematode, fungus, virus, bacterium, microorganism, mycoplasma-like organism, weed, plant, or parasitic higher plant and any other pest as defined by rule or any of the following that is known to cause damage or harm to agriculture or the environment:
Idaho Code 22-2005Phytosanitary: means plant health. See Idaho Code 22-2005 Phytosanitary measures: means any growing season or postharvest treatment or any other method (tactic) or strategy (combination of methods or tactics) specified in a quarantine to reduce pest risk to an acceptable level. See Idaho Code 22-2005 Plaintiff: The person who files the complaint in a civil lawsuit. 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 22-2005Plant amendment: means any natural or synthetic substance applied to plants or seeds which is intended to improve germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants except commercial fertilizers, soil amendments, limes, unmanipulated animal manure and vegetable organic waste-derived materials, pesticides, mulch and other materials which may be exempted by rule. See Idaho Code 22-2203 Plants for planting: means any part of a plant that is intended to be planted. See Idaho Code 22-2005 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Preclearance: means an agreement between quarantine officials of exporting and importing states or countries to pass plants through quarantine by allowing the exporting state or country to inspect the plants preshipment, rather than the importing state or country inspecting the shipment upon arrival. See Idaho Code 22-2005 Prevention: means :
Idaho Code 22-2402Probable cause: A reasonable ground for belief that the offender violated a specific law. Processed: means deliberately treated or manipulated to modify or transform physical, chemical, or biological characteristics of the natural state of a substance. See Idaho Code 22-2203 Property: includes both real and personal property. See Idaho Code 73-114 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public nuisance: means any premises, plant, appliance, conveyance or article which is infected or infested with any plant pest that may cause significant damage or harm, or premises where any plant pest is found. See Idaho Code 22-2005 Quarantine: means a restriction imposed by a duly authorized plant regulatory agency whereby the production, movement or existence of plants, or any other article or material, or the normal activity of persons, is brought under regulation, in order that the introduction or spread of a pest may be prevented or limited, or in order that a pest already introduced may be controlled or eradicated, thereby reducing or avoiding losses that would otherwise occur through damage done by the pest or through continuing cost of control measures. See Idaho Code 22-2005 Quarantine: means the regulation of the production, movement, or existence of plants, plant products, animals, animal products, or any other article or material, or the normal activity of persons, to prevent or limit introduction or spread of noxious weeds. See Idaho Code 22-2402 Quarantine pest: means a pest of economically unacceptable impact to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled. See Idaho Code 22-2005 Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Registered mail: includes certified mail. See Idaho Code 73-114 Registrant: means the person(s) who registers soil amendments or plant amendments under this chapter. See Idaho Code 22-2203 Registration: means the official recording of a growing location, person, plant, sales location or any other item or place as one that has met specified requirements and therefore eligible for a particular activity, operation or purpose. See Idaho Code 22-2005 Regulated article: means any item the movement of which is governed by a quarantine or any other rule. See Idaho Code 22-2005 Regulated nonquarantine pest: means a nonquarantine pest whose presence affects the intended use of plants with an economically unacceptable impact. See Idaho Code 22-2005 Rehabilitation: means the process of reconditioning formerly weed infested land to a productive or desirable condition. See Idaho Code 22-2402 Releasing: means releasing, placing, planting, or causing to be released, a species in a water body, facility, water supply system, field, garden, planted area, ecosystem or otherwise into the environment within the state of Idaho. See Idaho Code 22-2402 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Research facility: means :
Idaho Code 22-2402Researcher: means someone who has the generally accepted education, experience and position within the biological control research community. See Idaho Code 22-2402 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust). Riparian: means the green, vegetated areas along the edge of water bodies like rivers, creeks, canals, lakes, springs, sloughs, potholes and wetlands. See Idaho Code 22-2402 seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111 Service of process: The service of writs or summonses to the appropriate party. Shipment: means anything which is, may be, or has been transported from one place to another. See Idaho Code 22-2005 Significant damage or harm: means that level of economic impact that results in damage, injury or loss that exceeds the cost of control for a particular crop. See Idaho Code 22-2005 Soil amendment: means :
Idaho Code 22-2203State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114 State noxious weed advisory committee: means an advisory committee appointed by the director to advise and to assist in development, modification and direction of a statewide noxious weed management strategy. See Idaho Code 22-2402 State quarantine: means a rule promulgated pursuant to state authority that identifies a pest or pests and imposes requirements for certification of regulated articles as being in compliance with specified restrictions or requirements for pest freedom. See Idaho Code 22-2005 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Summons: Another word for subpoena used by the criminal justice system. Suppressive area: means a plant pest infested area where phytosanitary measures are being applied to reduce the plant pest population and thereby limit the spread of the pest. See Idaho Code 22-2005 Survey: means the systematic search for pests in accordance with mutually agreed upon methods designed to assure confidence in their meaning and accuracy for pest prevention purposes such as control, verification of pest-free areas, identification of possible harm, evaluation of probability of harm, and taking appropriate actions to prevent predicted significant harm. See Idaho Code 22-2005 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trustee: A person or institution holding and administering property in trust. Verification of label claims: means explanatory information describing how the registrant determined the truthfulness and accuracy of the registrant’s words or statements describing the product according to recognized standards. See Idaho Code 22-2203 Viable: means a plant or plant part capable of surviving or living successfully, especially under particular environmental conditions. See Idaho Code 22-2402 waste-derived plant amendment: means any soil amendment or plant amendment that is derived from an industrial byproduct, coproduct or other material that would otherwise be disposed of if a market for reuse were not an option, but does not include any soil amendment or plant amendment derived from biosolids or biosolid products regulated under the code of federal regulations, 40 C. See Idaho Code 22-2203 Waters: means all the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through, or which border upon the state. See Idaho Code 22-2402 Weed control advisory committee: means a committee established by weed control agencies or authorities, at the county level, or a steering committee of a cooperative weed management area, to develop and to recommend implementation of integrated weed management plans and strategies. See Idaho Code 22-2402 Weight: means the weight of material as offered for sale. See Idaho Code 22-2203 Wood: means the hard fibrous material located beneath the bark of trees, which constitutes the greatest part of the stems of trees and shrubs. See Idaho Code 22-2203