Amends existing law to integrate IDAPA 02.01.05 into Idaho Code.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 631 BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT1 RELATING TO IDAHO AGRICULTURAL PRODUCTS; AMENDING SECTION 22-112, IDAHO2 CODE, TO PROVIDE FOR CERTIFICATES OF FREE SALE AND TO MAKE A TECHNICAL3 CORRECTION; PROVIDING THAT CERTAIN ADMINISTRATIVE RULES CONTAINED IN4 IDAPA 02.01.05 SHALL BE NULL, VOID, AND OF NO FORCE AND EFFECT; PROVID-5 ING SEVERABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE6 DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Section 22-112, Idaho Code, be, and the same is hereby9 amended to read as follows:10 22-112. PROMOTION AND CERTIFICATION OF IDAHO AGRICULTURAL PROD-11 UCTS. (1) Except as provided in subsection (2) of this section, the depart-12 ment of agriculture may promulgate rules in compliance with chapter 52,13 title 67, Idaho Code, for the purpose of assisting others in the domestic and14 international promotion and certification of Idaho agricultural products.15 Programs authorized by this section are for the purpose of promoting Idaho16 agricultural products and/or to certify that Idaho agricultural products17 meet required standards in order to move in commerce. Programs authorized18 by this section are to be funded by the assessment of fees directly related19 to the provision of voluntary services and programs authorized and provided20 by rules adopted pursuant to this section. Fees assessed and collected pur-21 suant to rules adopted according to this section shall be deposited in the22 agricultural department inspection fund and subject to the provisions of23 section 22-105, Idaho Code.24 (2) Commissions, boards, associations, or other organizations au-25 thorized by statute to promote or regulate agricultural products grown,26 packed, or processed in the state of Idaho under pursuant to Idaho law shall27 be the primary and principal promotion and certification mark and trade-28 mark organizations for the particular commodity they are authorized to29 promote or regulate. Any trademarks, certification marks, brands, seals,30 logos or other identification marks, whether registered or not, that are31 established, owned or used by such commissions, boards, associations or32 organizations shall remain their sole property, and any use or infringement33 of their ownership right is prohibited unless written permission is obtained34 from an authorized representative of the commission, board, association or35 organization.36 (3) A commission, board, association or other organization referenced37 in subsection (2) of this section may, upon a request to and acceptance by38 the Idaho department of agriculture, participate in the promotion and certi-39 fication programs administered by the department, including the payment of40 fees as required by rules adopted pursuant to subsection (1) of this section.41

2 (4) Neither the Idaho department of agriculture, nor any agricultural1 entity referenced in subsection (2) of this section, shall be responsible2 for any negligent or other tortious act of the other while participating in a3 joint promotional activity.4 (5)(a) As used in this section, "certificate of free sale" means a cer-5 tificate issued by the department of agriculture that certifies that a6 product is grown or processed in Idaho, is distributed throughout the7 state of Idaho, and is in accordance with Idaho health and sanitary laws8 and regulations.9 (b) To meet document requirements set by designation countries for10 products grown or processed in Idaho, an exporter may apply for the11 department to issue a certificate of free sale. The exporter appli-12 cant shall be responsible for paying an application fee, which shall be13 set by the department and shall not exceed one hundred dollars ($100).14 The department may request information from the exporter applicant,15 including the applicant's most recent state, federal, or third-party16 health inspection records. Such records shall be kept on file with17 the department for one (1) year. Issuance and receipt of a certificate18 of free sale does not relieve the exporter from regulation by the de-19 partment of agriculture or from adhering to applicable state laws and20 regulations.21

SECTION 2. The rules contained in IDAPA 02.01.05, Department of Agri-22 culture, relating to the Rules Governing Certificates of Free Sale, shall be23 null, void, and of no force and effect on and after July 1, 2026.24

SECTION 3. SEVERABILITY. The provisions of this act are hereby declared25 to be severable and if any provision of this act or the application of such26 provision to any person or circumstance is declared invalid for any reason,27 such declaration shall not affect the validity of the remaining portions of28 this act.29

SECTION 4. An emergency existing therefor, which emergency is hereby30 declared to exist, this act shall be in full force and effect on and after31 July 1, 2026.32