AGRICULTURAL CERTIFICATES OF FREE SALE – Amends existing law to integrate IDAPA 02.01.05 into Idaho Code.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
631
BY
AGRICULTURAL
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
IDAHO
AGRICULTURAL
PRODUCTS;
AMENDING
SECTION
22
-
112,
IDAHO
2
CODE,
TO
PROVIDE
FOR
CERTIFICATES
OF
FREE
SALE
AND
TO
MAKE
A
TECHNICAL
3
CORRECTION;
PROVIDING
THAT
CERTAIN
ADMINISTRATIVE
RULES
CONTAINED
IN
4
IDAPA
02.01.05
SHALL
BE
NULL,
VOID,
AND
OF
NO
FORCE
AND
EFFECT;
PROVID
-
5
ING
SEVERABILITY;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
6
DATE.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Section
22
-
112,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
22
-
112.
PROMOTION
AND
CERTIFICATION
OF
IDAHO
AGRICULTURAL
PROD
-
1
1
UCTS.
(1)
Except
as
provided
in
subsection
(2)
of
this
section,
the
depart
-
12
ment
of
agriculture
may
promulgate
rules
in
compliance
with
chapter
52,
13
title
67,
Idaho
Code,
for
the
purpose
of
assisting
others
in
the
domestic
and
14
international
promotion
and
certification
of
Idaho
agricultural
products.
15
Programs
authorized
by
this
section
are
for
the
purpose
of
promoting
Idaho
16
agricultural
products
and/or
to
certify
that
Idaho
agricultural
products
17
meet
required
standards
in
order
to
move
in
commerce.
Programs
authorized
18
by
this
section
are
to
be
funded
by
the
assessment
of
fees
directly
related
19
to
the
provision
of
voluntary
services
and
programs
authorized
and
provided
20
by
rules
adopted
pursuant
to
this
section.
Fees
assessed
and
collected
pur
-
21
suant
to
rules
adopted
according
to
this
section
shall
be
deposited
in
the
22
agricultural
department
inspection
fund
and
subject
to
the
provisions
of
23
section
22
-
105,
Idaho
Code.
24
(2)
Commissions,
boards,
associations,
or
other
organizations
au
-
25
thorized
by
statute
to
promote
or
regulate
agricultural
products
grown,
26
packed,
or
processed
in
the
state
of
Idaho
under
pursuant
to
Idaho
law
shall
27
be
the
primary
and
principal
promotion
and
certification
mark
and
trade
-
28
mark
organizations
for
the
particular
commodity
they
are
authorized
to
29
promote
or
regulate.
Any
trademarks,
certification
marks,
brands,
seals,
30
logos
or
other
identification
marks,
whether
registered
or
not,
that
are
31
established,
owned
or
used
by
such
commissions,
boards,
associations
or
32
organizations
shall
remain
their
sole
property,
and
any
use
or
infringement
33
of
their
ownership
right
is
prohibited
unless
written
permission
is
obtained
34
from
an
authorized
representative
of
the
commission,
board,
association
or
35
organization.
36
(3)
A
commission,
board,
association
or
other
organization
referenced
37
in
subsection
(2)
of
this
section
may,
upon
a
request
to
and
acceptance
by
38
the
Idaho
department
of
agriculture,
participate
in
the
promotion
and
certi
-
39
fication
programs
administered
by
the
department,
including
the
payment
of
40
fees
as
required
by
rules
adopted
pursuant
to
subsection
(1)
of
this
section.
41

2
(4)
Neither
the
Idaho
department
of
agriculture,
nor
any
agricultural
1
entity
referenced
in
subsection
(2)
of
this
section,
shall
be
responsible
2
for
any
negligent
or
other
tortious
act
of
the
other
while
participating
in
a
3
joint
promotional
activity.
4
(5)(a)
As
used
in
this
section,
"certificate
of
free
sale"
means
a
cer
-
5
tificate
issued
by
the
department
of
agriculture
that
certifies
that
a
6
product
is
grown
or
processed
in
Idaho,
is
distributed
throughout
the
7
state
of
Idaho,
and
is
in
accordance
with
Idaho
health
and
sanitary
laws
8
and
regulations.
9
(b)
To
meet
document
requirements
set
by
designation
countries
for
10
products
grown
or
processed
in
Idaho,
an
exporter
may
apply
for
the
1
1
department
to
issue
a
certificate
of
free
sale.
The
exporter
appli
-
12
cant
shall
be
responsible
for
paying
an
application
fee,
which
shall
be
13
set
by
the
department
and
shall
not
exceed
one
hundred
dollars
($100).
14
The
department
may
request
information
from
the
exporter
applicant,
15
including
the
applicant's
most
recent
state,
federal,
or
third
-
party
16
health
inspection
records.
Such
records
shall
be
kept
on
file
with
17
the
department
for
one
(1)
year.
Issuance
and
receipt
of
a
certificate
18
of
free
sale
does
not
relieve
the
exporter
from
regulation
by
the
de
-
19
partment
of
agriculture
or
from
adhering
to
applicable
state
laws
and
20
regulations.
21
SECTION
2.
The
rules
contained
in
IDAPA
02.01.05,
Department
of
Agri
-
22
culture,
relating
to
the
Rules
Governing
Certificates
of
Free
Sale,
shall
be
23
null,
void,
and
of
no
force
and
effect
on
and
after
July
1,
2026.
24
SECTION
3.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
25
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
26
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
27
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
28
this
act.
29
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
30
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
31
July
1,
2026.
32