2005 Idaho Code - 22-5128 — PAYMENT FROM FUND -- DEBT OF SEED BUYER OR SURETY -- REIMBURSEMENT -- ACCRUAL OF CAUSE OF ACTION

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 51
                           SEED INDEMNITY FUND LAW
    22-5128.  PAYMENT FROM FUND -- DEBT OF SEED BUYER OR SURETY --
REIMBURSEMENT -- ACCRUAL OF CAUSE OF ACTION. Amounts paid from the seed
indemnity fund in satisfaction of any approved claims shall constitute a debt
and obligation of the seed buyer against whom the claim was made and its
surety. The director may bring suit on behalf of the seed indemnity fund and
in the name of any claimant paid from the fund in district court of Ada county
to recover from the seed buyer and its surety the amount of the payment made
from the seed indemnity fund, together with costs and attorney's fees incurred
in maintaining the suit. In the event the department initiates an action
against a seed buyer or surety, the department's claim is deemed to accrue and
relate back to the time that each producer who received a seed indemnity fund
payment incurred a loss with the seed buyer. Any recovery for reimbursement of
the fund shall bear interest at the statutory rate from the date of failure.