2005 Idaho Code - 22-3805 — POWERS AND DUTIES -- ADMINISTRATION AND ENFORCEMENT

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 38
                              MINT INDUSTRY ACT
    22-3805.  POWERS AND DUTIES -- ADMINISTRATION AND ENFORCEMENT. The powers
and duties of the commission shall include the following:
    (1)  To administer and enforce this act.
    (2)  To contract in the name of the commission and be contracted with.
    (3)  To employ and at pleasure discharge a research director, research
staff, a secretary, advertising manager, advertising agents, agents, attorneys
and such clerical and other help as it deems necessary and to control their
powers and duties and to fix their compensation.
    (4)  To keep books, records and accounts of all its dealings, which books,
records and accounts of all its dealings shall be open to inspection by the
state controller at all times.
    (5)  To purchase or authorize the purchase of all office equipment or
supplies and incur all other reasonable and necessary expenses and obligations
in connection with and required for the proper carrying out of the provisions
of this act.
    (6)  To become a member of and purchase membership in trade organizations
and to subscribe to and purchase trade bulletins, journals, and other trade
publications.
    (7)  To plan and conduct a research program to improve the quality of
mint, to develop and improve control measures for disease and pests which
attack mint and to improve mint growing culture and to disseminate such
information among the growers and to make such research contracts and other
agreements as may be necessary.
    (8)  To plan and conduct an advertising, publicity and sales promotion
campaign to increase the sale and use of mint and to make such advertising,
publicity and sales promotion contracts and other agreements as may be
necessary.
    (9)  To prohibit the distillation of any mint not actually grown in the
state of Idaho.
    (10)  To establish and maintain the executive offices of the commission at
any place within the state of Idaho which designated place may be changed at
the discretion of the commission.
    (11)  To adopt and from time to time alter, rescind, modify or amend all
proper and necessary rules and orders for the exercise of its power and the
performance of its duties under this act.
    (12)  To cooperate with the director of the department of agriculture in
and to pay all or any portion of the costs incurred in the creation,
administration and enforcement of any quarantine and inspection affecting mint
and mint rootstock established pursuant to the laws of the state of Idaho.
    (13)  To plan and conduct a research program for improving old varieties
and developing new varieties of mint; to propagate any such improved old
varieties or such new varieties of mint; to patent any such improved old
varieties or such new varieties of mint and to license the propagation,
growing and sale thereof; to adopt such trade names or trademarks in relation
to any such improved old varieties or such new varieties of mint and to
patent, copyright, or otherwise protect such names; buy, contract to buy,
receive by gift or otherwise acquire, hold, or retain legal title to such
improved old varieties or such new varieties of mint including the rootstock
thereof and the mint produced therefrom; to sell, lease, consign, trade,
exchange, or give away or otherwise dispose of any such improved old varieties
or such new varieties of mint, including the rootstock thereof and the mint
produced therefrom; to advertise and promote the commercial use of such
improved old varieties and new varieties of mint; and to impose, by contract
or regulation or otherwise, such conditions and restrictions as may be
determined by the commission pertaining to such improved old varieties and
such new varieties of mint including the rootstock thereof, including but not
limited to conditions and restrictions limiting, restricting, prohibiting or
affecting the use, distribution, acreage, production, geographical areas of
planting, cultural practices used in propagation, leasing, assigning, selling,
sale price, and the use of trade names and trademarks relating to such
improved old varieties or such new varieties of mint including the rootstock
thereof and the increase thereof and the use of trade names and trademarks to
designate mint produced from any such improved old varieties or such new
varieties of mint including the rootstock thereof and the mint produced
therefrom; to sell, lease, consign, trade, exchange, or give away or otherwise
dispose of any such improved old varieties or such new varieties of mint,
including the rootstock thereof and the mint produced therefrom; to advertise
and promote the commercial use of such improved old varieties and new
varieties of mint; and to impose, by contract or regulation or otherwise, such
conditions and restrictions as may be determined by the commission pertaining
to such improved old varieties and such new varieties of mint including the
rootstock thereof, including but not limited to conditions and restrictions
limiting, restricting, prohibiting or affecting the use, distribution,
acreage, production, geographical areas of planting, cultural practices used
in propagation, leasing, assigning, selling, sale price, and the use of trade
names and trademarks relating to such improved old varieties or such new
varieties of mint including the rootstock thereof and the increase thereof and
the use of trade names and trademarks to designate mint produced from any such
improved old varieties or such new varieties of mint. Nothing in this section
is intended to interfere with, restrict or in any way discourage the
development of improved old varieties or new varieties by dealers, growers or
other private parties and such powers and duties as are conferred upon the
commission hereby are restricted to such improvement of old varieties or
development of new varieties which are improved or developed by the commission
and such improved old varieties as are developed by dealers, growers or other
private parties are not subject to the provisions of this section.
    (14)  To prosecute in the name of the state of Idaho any suit or action
for collection of the assessment provided for in this chapter.

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