2005 Idaho Code - 22-901 — APPLICATION OF ACT

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 9
                       POTATOES -- GRADING AND PACKING
    22-901.  APPLICATION OF ACT. When potatoes are marketed or offered for
shipment, within the state of Idaho, for packing, repacking or processing
purposes, or when potatoes are offered for sale by the grower direct to the
consumer in lots of less than one (1) carload within the state or when "Idaho
Certified" seed stock, as defined by the Idaho state seed certification
officials are offered for sale, the provisions of this act prescribing grades
and requiring grading shall not apply; but in all other cases when potatoes
are packed for sale, offered for sale, sold, or offered for shipment within or
outside the state of Idaho, such potatoes shall be graded either as "Idaho
Deluxe," "Idaho Standard," or "Idaho Utility": provided, however, that all
potatoes marketed within the state of Idaho or outside the state of Idaho may
conform to grades promulgated by an act of congress or promulgated by
authority of the secretary of agriculture of the United States, if the shipper
or grower so desires. It is further provided that all potatoes not meeting the
requirements of grade hereinabove provided for and hereinafter set out are
hereby declared to be detrimental to the potato industry of the state of Idaho
and shall not be marketed, except as provided in this section. All potatoes
conforming to the grades hereinabove and hereinafter set out shall be packed
in containers or bags in conformity with the following prescribed rules. When
potatoes are to be shipped out of state in bulk, permission shall first be
obtained from the Idaho department of agriculture. All permits issued
hereunder shall be issued subject to the requirement that the potatoes to be
shipped must be graded and must either meet the Idaho grades or the United
States department of agriculture grades for potatoes; except that potatoes
shipped outside the state for processing into some changed form or product do
not need to be graded. The Idaho department of agriculture may promulgate the
necessary rules and forms to carry out this paragraph.