2005 Idaho Code - 22-1207 — POWERS AND DUTIES OF COMMISSION

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 12
                              POTATO COMMISSION
    22-1207.  POWERS AND DUTIES OF COMMISSION. The powers and duties of the
commission shall include the following:
    (1)  To adopt and from time to time alter, rescind, modify and/or amend
all proper and necessary rules and orders for the exercise of its powers and
the performance of its duties under this chapter.
    (2)  To contract and be contracted with.
    (3)  To employ and at its pleasure discharge agents, personnel, and such
other help as it deems necessary and to outline their powers and duties and
fix their compensation.
    (4)  To make in the name of the commission such agreements as may be
necessary.
    (5)  To keep books, records and accounts of all its doings, which books,
records and accounts shall be open to inspection by the state controller at
all times.
    (6)  To purchase or authorize the purchase of all office equipment and
supplies and to incur all other reasonable and necessary expenses and
obligations in connection with and required for the proper carrying out of the
provisions of this chapter.
    (7)  To cooperate with any local, state or national organization or
agency, whether voluntary or created by the law of any state, or the United
States government, engaged in work or activity similar to the work and
activities of the commission, and to enter into contracts and agreements with
such organizations or agencies for carrying on a joint campaign of research,
education, product protection, promotion and reciprocal enforcement of these
objectives.
    (8)  To investigate and prosecute in the name of the state of Idaho
violations of this chapter or any suit or action for the collection of fees,
taxes or penalties as hereinafter provided, or to protect brands, marks,
packages, brand names, trademarks, certification marks or other intellectual
property rights being promoted or used by the commission.
    (9)  To lease, purchase or own the real or personal property deemed
necessary in the administration of this chapter.
    (10) To define and describe such grade or grades of potatoes in accordance
with the provisions of this chapter.
    (11) To define and designate the character of the brands, labels,
stencils, or other distinctive marks under which said potatoes may be promoted
in order to secure the greatest returns to producers.
    (12) To devise and require the application of either a seal, label, brand,
package, or any other suitable device that will protect the identity of the
original Idaho pack of potatoes as near to the final consumer as possible.
    (13) Whenever and wherever it deems it to be necessary the commission
shall use its offices to prevent any substitution of other potatoes for Idaho
potatoes and to prevent the misrepresentation, mislabeling or the misbranding
of Idaho potatoes at any and all times at any and all points where they
discover the same is being done and to require the disclosure of the growing
area of origin upon potato containers by all persons doing business in the
state of Idaho.
    (14) To require all those using any of the Idaho potato trade or
certification marks, or handling or packing potatoes grown in Idaho, to
execute an agreement in the form prescribed by the commission to ensure
compliance with the provisions of this chapter.
    (15) To devise a suitable system for tracking shipments of Idaho potatoes
and Idaho potato products to prevent the misrepresentation, mislabeling or the
misbranding of Idaho potatoes.
    (16) To prevent the unlicensed use of the Idaho potato trade or
certification marks including, but not limited to, the marks "Grown in Idaho,"
"Famous Idaho Potatoes" and "Idaho Potatoes."
    (17) To make, conduct or carry on studies and research in connection with
the raising, production and promotion of potatoes, including study and
research dealing with the industrial and other uses of potatoes and their
byproducts, and the extension and stabilization of markets for such
commodities; to disseminate information with  respect to such study and
research as a part of the commission's promotional activities authorized by
this chapter and to assist, aid and educate growers, dealers and handlers in
the raising, production and promotion of potatoes.
    (18) To require all persons with their principal place of business located
in the state of Idaho to pay a one hundred dollar ($100) annual license fee
for use of any Idaho potato trade or certification mark and to require all
persons with their principal place of  business located outside of the state
of Idaho to pay a three hundred dollar ($300) annual license fee for use of
any Idaho potato trade or certification mark.
    For the accomplishment of such ends the commission is hereby empowered to
employ the necessary persons or contract for the performance of required
services; to cooperate with any organization of growers in this state, whether
organized by authority of law or voluntary, engaged in carrying on similar
activities and to participate jointly with any such organization, by contract
or otherwise, in financing such study and research or paying for the
employment of persons or services required or in carrying out projects and
programs as herein contemplated; provided, however, expenditures authorized by
the commission for the purposes herein mentioned shall not exceed an amount
equal to twelve and one-half percent (12 1/2%) of the tax collected on
potatoes levied and imposed pursuant to section 22-1211, Idaho Code.
    Provided, further, that none of the powers specified in subsection (17) of
this section shall be exercised, and no expenditure of revenue as provided in
subsection (17) of this section shall be authorized except upon the
affirmative vote of six (6) or more of the members of the commission.
    (19) The commission, in furtherance of its duties under this chapter and
under its rules, shall have the power to administer oaths, certify to official
acts and to issue subpoenas for the attendance of witnesses and the production
of papers, books, accounts, documents and testimony. The commission may, if a
witness refuses to attend or testify, or to produce any papers required by
such subpoenas, report to the district court in and for the county in which
the proceeding is pending, by petition, setting forth that due notice has been
given of the time and place of attendance of said witnesses, or the production
of said papers, that the witness has been properly summoned, and that the
witness has failed and refused to attend or produce the papers required by
this subpoena before the commission, or has refused to answer questions
propounded to him in the course of said proceedings, and ask an order of said
court compelling the witness to attend and testify and produce said papers
before the commission. The court, upon the petition of the commission, shall
enter an order directing the witness to appear before the court at a time and
place to be fixed by the court in such order, the time to be not more than ten
(10) days from the date of the order, and then and there shall show cause why
he had not attended and testified or produced said papers before the
commission. A copy of said order shall be served upon said witness. If it
shall appear to the court that said subpoena was regularly issued by the
commission and regularly served, the court shall thereupon order that said
witness appear before the commission at the time and place fixed in said
order, and testify or produce the required papers. Upon failure to obey said
order, said witness shall be dealt with for contempt of court. Provided that
in proceedings before the commission where evidence is sought from witnesses
who are not residents of this state, the commission is authorized to obtain
subpoenas issued by the clerk of the district court. Subpoenas so requested
shall be issued by the clerk of the district court under the seal of the
court, shall state the name of the court and the title of the administrative
action, and shall command each person to whom it is directed to attend and
give testimony at a time and place therein specified. Subpoenas shall be used
only to require attendance of a witness at a deposition or hearing. The clerk
shall issue a subpoena or a subpoena for the production of documentary
evidence, signed and sealed but otherwise in blank, to a party requesting it,
who shall fill it in before service.