Idaho Code
Chapter 51 - SEED INDEMNITY FUND LAW
Section 22-5122 - COLLECTION AND REMITTANCE OF ASSESSMENTS — PRINCIPAL AMOUNT HELD IN TRUST — INTEREST EARNED — FAILURE TO COLLECT OR REMIT ASSESSMENTS CONSTITUTES A VIOLATION — INTEREST AND PENALTIES FOR UNPAID ASSESSMENTS.

22-5122. COLLECTION AND REMITTANCE OF ASSESSMENTS — PRINCIPAL AMOUNT HELD IN TRUST — INTEREST EARNED — FAILURE TO COLLECT OR REMIT ASSESSMENTS CONSTITUTES A VIOLATION — INTEREST AND PENALTIES FOR UNPAID ASSESSMENTS. (1) The department shall promulgate rules to provide a procedure for the collection and remittance of the producer’s assessments. Seed buyers who owe producers for the transfer of seed crop or have stored for withdrawal seed crop shall be responsible for the collection of the producer’s assessments and the remittance of the assessments collected to the department.
(2) Seed buyers shall remit to the department assessments collected according to the provisions of this chapter. Payments will be made no later than the twentieth day of the month following the close of the calendar quarter on a form prescribed by the department. There are four (4) calendar quarters in the year, beginning on the first day of the months of January, April, July and October. Assessment reports shall be submitted even though assessments for the period have not been collected. Failure to do so will result in a penalty of one hundred dollars ($100).
(3) The principal amount of assessments paid by, or deducted from, payments to producers by seed buyers, is held in trust for the seed indemnity fund immediately upon collection by seed buyers and is not property of the seed buyer.
(4) Interest earned on assessments prior to remittance to the department belongs to the seed buyer.
(5) If a seed buyer fails to collect or remit assessments as required it shall be considered a violation of the provisions of this chapter and shall subject the seed buyer to suspension or revocation of any license issued to the seed buyer under the provisions of this chapter.
(6) The department shall collect, on assessments unpaid within the time limits specified in this chapter, interest at the rate of ten percent (10%) per annum until the assessments are remitted together with a penalty of five percent (5%) each month on the unpaid assessment due until the maximum penalty of twenty-five percent (25%) is reached.

History:
[22-5122, added 2002, ch. 256, sec. 1, p. 744.]

Structure Idaho Code

Idaho Code

Title 22 - AGRICULTURE AND HORTICULTURE

Chapter 51 - SEED INDEMNITY FUND LAW

Section 22-5101 - SHORT TITLE OF ACT.

Section 22-5102 - DEFINITIONS.

Section 22-5103 - LICENSES.

Section 22-5104 - BONDS — IRREVOCABLE LETTERS OF CREDIT — CERTIFICATES OF DEPOSIT — SINGLE BOND.

Section 22-5105 - AMOUNT OF BOND — NOTICE OF CANCELLATION.

Section 22-5106 - ACTION BY PRODUCER INJURED.

Section 22-5107 - FEES.

Section 22-5108 - RECEIPTS — SCALE WEIGHT TICKETS.

Section 22-5109 - MAINTENANCE OF RECORDS — EXAMINATION OF RECORDS — AUTHORIZATION TO COPY.

Section 22-5110 - VIOLATIONS — PENALTIES — DISCRETION OF DIRECTOR TO HANDLE ADMINISTRATIVELY.

Section 22-5111 - SUSPENSION OR REVOCATION OF LICENSE.

Section 22-5112 - DUTY TO PROSECUTE.

Section 22-5113 - NOTICE OF NONCOMPLIANCE — REQUIREMENTS — FAILURE TO COMPLY — REMEDIES OF DEPARTMENT.

Section 22-5114 - INSURANCE — CANCELLATION PROCEDURE — SUSPENSION OF LICENSE — SELF-INSURANCE.

Section 22-5115 - LICENSE REISSUANCE FOLLOWING REVOCATION.

Section 22-5116 - DEPARTMENT’S AUTHORITY.

Section 22-5117 - LICENSE DENIAL.

Section 22-5118 - PAYMENT AND VIOLATION.

Section 22-5119 - CONFIDENTIAL AND PROTECTED RECORDS.

Section 22-5120 - SEED INDEMNITY FUND.

Section 22-5121 - ASSESSMENTS.

Section 22-5122 - COLLECTION AND REMITTANCE OF ASSESSMENTS — PRINCIPAL AMOUNT HELD IN TRUST — INTEREST EARNED — FAILURE TO COLLECT OR REMIT ASSESSMENTS CONSTITUTES A VIOLATION — INTEREST AND PENALTIES FOR UNPAID ASSESSMENTS.

Section 22-5123 - FUNDING AND LIMITS OF FUND.

Section 22-5124 - ADVISORY COMMITTEE.

Section 22-5125 - PROOF OF CLAIMS — PROCEDURE — HEARING.

Section 22-5126 - FAILURE TO FILE — LOSS OF CLAIM ON FUND.

Section 22-5127 - MINIMUM BALANCE FOR CLAIMS — TERMINATION OF LIABILITY.

Section 22-5128 - PAYMENT FROM FUND — DEBT OF SEED BUYER OR SURETY — REIMBURSEMENT — ACCRUAL OF CAUSE OF ACTION.

Section 22-5129 - RULES.