Idaho § 22-5102 - Definitions

§ 22-5102. Definitions

As used in this chapter:

(1) "Contract" means an agreement which may include, but is not limited to, those contracts commonly referred to as production, credit sale, bailment, deferred payment, deferred or price later contracts.

(2) "Delivery voucher" means a form, other than a receipt or scale weight ticket, authorized by rules of the department evidencing delivery of a producer’s seed crop to a seed buyer.

(3) "Department" means the Idaho state department of agriculture.

(4) "Deposit for service" means the transfer of a seed crop to a seed buyer or a person not licensed under this chapter for the purpose of cleaning, mixing, conditioning or other services related to the seed crop, provided such services are not offered in conjunction with a stored for withdrawal agreement.

(5) "Director" means the director of the Idaho state department of agriculture.

(6) "Failure" means the date that one (1) or more of the following events occurred, as determined by the director:

(a) An inability to financially satisfy producers;

(b) A declaration of insolvency;

(c) A revocation of license and the leaving of an outstanding indebtedness to a producer;

(d) A failure to redeliver any seed crop stored for withdrawal or to pay producers for seed crop pursuant to the terms of an agreement; or

(e) A denial of the application for a license renewal.

(7) "Person" means any individual, firm, association, corporation, partnership or limited liability company.

(8) "Producer" means the owner, tenant or operator of land in this state who has an interest in the proceeds from the sale of seed crops grown on that same land. Producer does not include growers of seed crop who deposit their seed crop in a seed facility in which they have a financial or management interest, except members of a cooperative marketing association qualified under chapter 26, title 22 , Idaho Code.

(9) "Production summary" means records that include, but are not limited to, the kind and type of seed crop, producer name and address, location and number of acres, clean seed per acre, value per pound and, when applicable, the contract number and lot identity.

(10) "Receipt" means a warehouse receipt.

(11) "Scale weight ticket" means a load slip, other than a receipt, given to a producer by a seed buyer for transfer of the seed crop to the seed buyer. Each scale weight ticket shall be sequentially numbered, shall be recorded in triplicate and shall set forth the following:

(a) Name and address of seed buyer;

(b) Date of weighing;

(c) Producer of seed crop weighed;

(d) Kind or variety of seed crop weighed;

(e) Gross delivery weight;

(f) Tare;

(g) Net delivery weight; and

(h) Full signature of weigher or name of supervisor of scale.

(12) "Seed buyer" means any person having a commercial operation, its agents and employees, together with its elevators, mills, buildings, or other structures who owes or has any financial obligation to the producer for seed crop grown by that producer and transferred to the seed buyer.

(13) "Seed crops" means any seed crop regulated by chapter 4, title 22 , Idaho Code.

(14) "Seed facility" means:

(a) That portion of the commercial operation of a seed buyer where seed crop transferred to it from an unpaid producer is stored; or

(b) Where seed crop is stored for withdrawal.

(15) "Stored for withdrawal" means the deposit of seed crop with a seed facility by the producer for the subsequent withdrawal by that producer of the same seed crop or similar seed crop, as agreed to by the parties.

(16) "Transfer" means, unless otherwise defined by the parties in writing, the event when a producer or his agent delivers seed crop to the seed buyer who then gives the producer or his agent a scale weight ticket, receipt, or other written evidence of transfer.

(17) "Uninsurable peril" means an event or situation for which insurance coverage cannot be purchased, or for which premiums are economically prohibitive including, but not limited to, catastrophic destruction and damage that occurs gradually. Catastrophic destruction includes, but is not limited to, earthquakes, acts of terrorism and floods. Destruction that occurs gradually includes, but is not limited to, insect and rodent infestation, and mold.

(18) "Written evidence of transfer" means:

(a) A delivery voucher;

(b) A receipt; or

(c) A scale weight ticket.

[22-5102, added 2002, ch. 256, sec. 1, p. 737; am. 2010, ch. 100, sec. 1, p. 192.]