2005 Idaho Code - 69-502 — DEFINITIONS

                                  TITLE  69
                                  WAREHOUSES
                                  CHAPTER 5
                             COMMODITY DEALER LAW
    69-502.  DEFINITIONS. As used in this chapter, except as otherwise
specified:
    (1)  "Agricultural commodity" means any grain, wheat, barley, oats, corn,
rye, oilseeds, dry edible beans, peas, lentils and other leguminous seeds and
feeds (not including minerals or seed crops) or any other commodity as
determined by the director.
    (2)  "Commodity dealer" or "dealer" means any person who solicits,
contracts for, or obtains from an Idaho producer or producers, title,
possession, or control of any agricultural commodity through his place of
business located in the state of Idaho or through his place of business
located outside the state of Idaho for the purpose of sale or resale or who
buys, during any calendar year, at least ten thousand dollars ($10,000) worth
of agricultural commodities from an Idaho producer or producers of the
commodities. Commodity dealer or dealer shall not mean any person who
purchases agricultural commodities for his own use as seed or feed within his
own operation.
    (3)  "Credit-sale contract" means a contract for the sale of an
agricultural commodity pursuant to which the sale price is to be paid at a
date subsequent to the delivery of the agricultural commodity to the buyer and
includes, but is not limited to, those contracts commonly referred to as
deferred payment contracts, deferred pricing contracts and price-later
contracts.
    (4)  "Department" means the department of agriculture of the state of
Idaho.
    (5)  "Director" means the director of the department of agriculture.
    (6)  "Person" means any individual, firm, association, partnership,
corporation, or limited liability company.
    (7)  "Producer" means the owner, tenant or operator of land in this state
who has an interest in the proceeds from the sale of agricultural commodities
produced on that land. Producer does not include growers who sell their
commodity to a 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.
    (8)  "Public warehouse" or "warehouse" or "warehouseman" means any
elevator, mill, warehouse, subterminal commodity warehouse, public warehouse
or other structure or facility in which agricultural commodities are received
for storage, shipment, processing, reconditioning or handling.
    (9)  "Revocation" means the permanent removal of a commodity dealer
license following a hearing on violations of the provisions of this chapter by
the hearing officer or director.
    (10) "Suspension" means the temporary removal of a commodity dealer
license by the department pending a hearing for violations of the provisions
of this chapter. Correction of the violations prior to a hearing may result in
the reinstatement of a license without a hearing.
    (11) "Termination" means the expiration of a commodity dealer license due
to failure to meet minimum licensing requirements, failure to renew a
commodity dealer license or as requested by the licensee, unless a complaint
has been filed against the licensee alleging a violation of any provision of
this chapter.