AGRICULTURE
AND HORTICULTURE
CHAPTER 1
DEPARTMENT OF AGRICULTURE
22-103.Duties of director. The director of the department of agriculture shall execute the powers
and discharge the duties vested by law in him or in the department,
including, but not limited to, the following:
(1) Pursuant
to chapter 53, title 67, Idaho
Code, hire, assign duties and evaluate the performance of all employees
of the department. (2) Designate
employees for special assignment, office or function as the needs
of the department may require.
(3) Acquire,
generate, develop and disseminate information and data concerning
agricultural pursuits, productivity and product quality.
(4) Encourage
and promote in every practical manner, the interests of agriculture,
horticulture, apiculture, aquaculture, the livestock industries, poultry
and fowl raising, wool and fur-bearing animals and their allied industries.
(5) Assist,
encourage and promote the organization of farmers' institutes, agricultural,
horticultural, management or cooperative societies and organizations
for the benefit of agricultural pursuits in this state.
(6) Promote
improved methods of production, storage, sales and marketing of agricultural
industries.
(7) Establish
and promulgate standards of construction, use and sanitation of open
and closed receptacles for farm products, and standards for grade
or other classification of farm products.
(8) Prescribe
and promulgate rules governing marks, brands and labels, and the registration
thereof, for use upon receptacles for farm products.
(9) Promote,
in the interest of the public, economical and efficient use of products
and commodities used in the production of agricultural, horticultural,
meats and other products and farm commodities and their distribution.
(10) Cooperate
with producers, processors and consumers in devising and maintaining
economical and efficient systems of distribution, and to assist in
the reduction of waste and expense incidental to the marketing of
agricultural products.
(11) Support a
market news service to gather and diffuse timely information and statistics
concerning supply, demand, prevailing prices and commercial movement
of agricultural products.
(12) Cooperate
with the secretary, colleges and universities, experiment stations,
and other agencies which cooperate in devising, research and development
and utilization of improved agricultural production and other activities.
(13) Investigate
the practices, methods of factors, management techniques of commission
merchants, track buyers and others who receive, solicit, buy, sell,
handle on commission or otherwise, or deal in grains, eggs, livestock,
vegetables or other products used as human foods, to the end that
distribution of such commodities through such factors, commission
merchants, track buyers and others be efficiently and economically
accomplished without hardship, waste or fraud.
(14) Enter and
inspect any right-of-way of any irrigation canal, railway, public
highway, field, orchard, nursery, fruit or vegetable packing house,
store room, sales room, storage facility, depot or other place where
fruits and vegetables are grown or stored and to inspect fruits, trees,
plants, vines, shrubs or other articles within the state, and if such
places or articles are infested with pests, insects or their eggs
or larvae, or with any contagious or transmittable diseases injurious
to plant life, to abate or eradicate the same as a nuisance.
(15) Provide treatment
for and prevent the spread of infectious or communicable diseases
among bees, livestock, fur-bearing animals or domestic animals through
the systematic and periodic inspection, testing or treatment of such
bees and animals at the expense of the owner thereof.
(16) Protect the
livestock interests of the state from losses due to disease or hazards
to animal health and communicable to humans through agricultural products.
The director is authorized to regulate, as deemed necessary, commercial
livestock truck washing facilities. This includes permitting for the
treatment or disposal, at any location, of any wash water generated
by the facility. This subsection preempts Idaho department of environmental
quality's authority to issue land application permits and to do plan
and specification reviews under section 39-118, Idaho Code,
for livestock truck wash facilities, but does not affect any other
authority of the Idaho department of environmental quality. (17) Maintain
recording of earmarks, eartags or other identifying marks not covered
under any other provisions of law.
(18) Purchase,
lease, hold, sell, and dispose of real and personal property of the
department when, in the judgment of the director, such transactions
promote the purposes for which the department is established.
(19) Contract
with any state agency, federal agency or agency of another state concerning
any matter, program or cooperative effort within the scope and jurisdiction
of its authority pursuant to law.
(20) Assist in
the improvement of country life, farm occupations and to cooperate
in effectuating equality of opportunity of those employed in agricultural
pursuits in the state of Idaho.
(21) Investigate
diseases, contamination of livestock and poultry, agricultural, horticultural,
and farm products, suspected to be infected or contaminated by bacterial,
viral, protozoal, parasitic, chemical, nuclear, botanical or other
disease-producing agents, or carrying a residue of any such disease-producing
agent or chemical in excess of any tolerance established by federal
or state law or regulation and to examine, conduct tests, and issue "hold
orders" on any livestock, poultry, agricultural, horticultural
or farm products as deemed necessary to effectuate a diagnosis of
disease, contamination or chemical level to safeguard and protect
animal and man. And additionally, authorize and implement a predator
control program on state and private lands using any kind of toxic
material or substance suitable for such purpose. Any toxic material
or substance shall be approved for use by the director. In order to
carry out the provisions of this subsection (21), the director shall
prescribe and promulgate rules pursuant to chapter 52, title 67, Idaho
Code. (22) Prescribe
by rule an interest charge which may be assessed on all accounts which
are thirty (30) days past due from the initial billing date or the
assessment due date. The interest rate charged shall not exceed twelve
percent (12%) per annum.
(23) To take all
steps that are deemed necessary to prevent and control damage or conflicts
on federal, state, or other public or private lands caused by predatory
animals, rodents, or birds, including threatened or endangered wildlife
within the state of Idaho as are established by federal or state law,
federal or state regulation, or county ordinance, that are injurious
to animal husbandry, agriculture, horticulture, forestry, wildlife
and human health and safety.
(25) Administer
a range program to provide support, coordination and expertise to
Idaho rangeland livestock producers and land and wildlife management
agencies for the planning and management of vegetation, grazing permits
and other rangeland resources that are of importance to the livestock
industry. The program shall also provide technical expertise and support
to state and industry entities in reviewing various federal environmental
impact statements, federal environmental assessments and other state
and federal proposals that impact grazing, vegetation management or
other rangeland resources or uses important to the livestock industry.
[(26)](24) To
administer oaths, certify to all official acts and subpoena any person
in this state as a witness; to compel through subpoena the production
of books, papers, and records; and to take the testimony of any person
on deposition in the same manner as prescribed by law in the procedure
before the courts of this state. A subpoena issued by the director
shall extend to all parts of the state and may be served by any person
authorized to do so. All powers of the director enumerated in this
subsection [(26)](24) with respect to administering oaths, power of
subpoena, and other powers in hearings on complaints shall likewise
be applicable to hearings held on applications for the issuance or
renewal of licenses.
[(27)](25) To
appoint, as necessary, committees for the purpose of advising the
director on any and all matters relating to agricultural programs
within the Idaho department of agriculture.
[(28)](26) Cooperate
with producers, industry and technology groups, and other agencies
to encourage the growth of technology within the state's agricultural
industries while protecting, as necessary, the integrity of existing
agriculture and agricultural marketing channels.
Idaho Statutes