2005 Idaho Code - 22-510 — SEED POTATO ARBITRATION

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 5
                                SEED POTATOES
    22-510.  SEED POTATO ARBITRATION. (1) Requirement of arbitration. When any
buyer claims to have been damaged by the failure of seed potatoes to perform
as represented, or when any buyer claims to have been damaged by the failure
of any seed potato to produce or perform as represented by the required label
to be attached to such seed as prescribed in rules, or by warranty, or as a
result of negligence, the buyer shall submit the claim to arbitration as
provided in this section.
    (2)  Notice of required arbitration. In addition to the certification tag
required under section 22-502, Idaho Code, conspicuous language calling
attention to the requirement for arbitration under this section shall be
referenced or included on a notice of required arbitration tag, or otherwise
attached to the seed bag or package. A notice in the following form, or
equivalent language, shall be sufficient.
                        NOTICE OF REQUIRED ARBITRATION
    Under the seed laws of certain states, arbitration is required as a
    precondition of maintaining certain legal actions, counterclaims or
    defenses against a seller of seed. The buyer must file a complaint,
    along with the filing fee, with the State Department of Agriculture
    within such time as to permit inspection of the crops and notify
    seller of complaint by certified mail.
    Arbitration shall not be required unless this notice is attached to the
seed bag or package.
    (3)  Establishment of arbitration panel. Any individual or organization
recognized by the potato industry in Idaho may provide a nomination list of
five (5) names to the director. From that list of nominations, the director
shall comprise a list consisting of fifteen (15) names from which the
arbitration panel may be established.
    (4)  Procedures:
    (a)  Commencement. A buyer may invoke arbitration by filing a sworn
    complaint with the director together with a nonrefundable filing fee of
    one hundred dollars ($100). The buyer shall serve a copy of the complaint
    upon the seller by certified mail. Except in cases of seed which has not
    been planted, the complaint shall be filed within such time as to permit
    effective inspection of the plants under field conditions.
    (b)  Seller's answer. Within twenty (20) days after receipt of a copy of
    the complaint, the seller shall file with the director an answer to the
    complaint and serve a copy of the answer upon the buyer by certified mail.
    (c)  Referral to arbitration panel. The complaint and answer shall be
    referred to a three (3) person arbitration panel. Each party shall select
    one (1) arbitrator from the arbitration panel established under the
    provisions of subsection (3) of this section. Those arbitrators shall
    select a third arbitrator from the director's list of nominees. Upon
    request by the chairman, the department may provide administrative support
    to the arbitration panel.
    (d)  Findings and recommendations. The panel is empowered, upon review of
    the buyer's complaint and the seller's answer, to conduct an investigation
    and make findings and recommendations.
    (e)  Investigation. Upon referral of a complaint for investigation, the
    panel shall make a prompt and full investigation of the matters complained
    of and report its findings and recommendations to the director within
    sixty (60) days of such referral or such later date as parties may
    determine.
    (f)  Scope of report. The report of the panel shall include findings and
    recommendations as to costs, if any, for settlement of a complaint.
    (g)  Authority of panel. In the course of its investigation, the panel or
    any of its members may:
         (i)   Question the buyer and the seller and any other person having
         knowledge of the matter under investigation.
         (ii)  Grow to production a representative sample of the seed through
         the facilities of the director or a designated university.
         (iii) Submit seed samples for testing by the state seed laboratory or
         other appropriate laboratory.
         (iv)  Hold informal meetings or hearings at such time and place as
         the chairman may direct upon reasonable notice to all parties.
         (v)   Assess the cost of conducting the investigation to the
         nonprevailing party of a given complaint.
    (h)  After the investigation and the report of the panel has been
    released, either party may request at their own expense, a final
    determination by an independent mediator. If the parties cannot come to an
    agreement through mediation, no record of the arbitration findings will be
    discussed or used in a court of law against either side.