Amends and repeals existing law to remove outdated provisions.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1242 BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT1 RELATING TO THE IDAHO POTATO COMMISSION; PROVIDING LEGISLATIVE INTENT;2 AMENDING SECTION 22-1204, IDAHO CODE, TO REMOVE AN OUTDATED PROVISION3 REGARDING RULES; REPEALING SECTION 22-1211A, IDAHO CODE, RELATING4 TO REFERENDUM OF CONTINUANCE OF ADDITIONAL TAX; REPEALING SECTION5 22-1215, IDAHO CODE, RELATING TO ACCESS TO RECORDS; AND DECLARING AN6 EMERGENCY AND PROVIDING AN EFFECTIVE DATE.7

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

SECTION 1. IDAHO CODE CLEANUP -- LEGISLATIVE INTENT. It is the intent9 of the Legislature to ensure that the state laws provided in Idaho Code are10 streamlined, up-to-date, and essential for the citizens of Idaho, while best11 serving the public health, safety, and welfare. In accordance with the Idaho12 Code Cleanup Act, following comprehensive review, the Legislature has iden-13 tified the provisions of this act as obsolete, outdated, or unnecessary.14

SECTION 2. That Section 22-1204, Idaho Code, be, and the same is hereby15 amended to read as follows:16 22-1204. DEFINITIONS. As used in this act:17 1. The term "commission" means the Idaho potato commission.18 2. The term "person" means individual, partnership, corporation, asso-19 ciation, grower and/or any other business unit.20 3. The term "potatoes" means and includes only potatoes sold or in-21 tended for human consumption and grown in the state of Idaho.22 4. "Shipment" of potatoes shall be deemed to take place when the pota-23 toes are loaded within the state of Idaho, in a car, bulk, truck or other con-24 veyance in which the potatoes are to be transported for sale or otherwise.25 5. The term "dealer" means and includes any person engaged in the busi-26 ness of buying, receiving, processing, or selling potatoes for profit or re-27 muneration.28 6. The term "shipper" means and includes one who is properly licensed29 under federal and state laws, actively engaged in the packing and shipping of30 potatoes in the primary channel of trade in interstate commerce in the state31 of Idaho, who does not provide the primary management to a growing or pro-32 cessing operation, and who ships more than he produces.33 7. The term "grower" means one who is actively engaged in the growing34 of potatoes on five (5) or more acres in the state of Idaho, and who does not35 provide the primary management to a shipping or processing operation.36 8. Potatoes shall be deemed to be delivered into the primary channel of37 trade when any such potatoes are sold or delivered for shipment, or delivered38 for canning and/or processing into by-products.39

2 9. The term "hundredweight" means each one hundred (100) pound unit or1 combination of packages making a one hundred (100) pound unit of any shipment2 of potatoes based on invoice and/or bill of lading records.3 10. The term "processor" means a person who is actively engaged in the4 processing of potatoes in the state of Idaho for human consumption.5 11. The term "processing" means changing the form of potatoes from the6 raw or natural state into a product for human consumption.7 12. The term "handler" means and includes any person processing pota-8 toes or handling them in the primary channel of trade.9 13. The term "tax" means an assessment levied on potatoes covered by10 this act for the sole purpose of financing, on behalf of the potato industry11 in Idaho, the commission's activities in carrying out the purposes of this12 act.13 Notwithstanding any other provision of law to the contrary, the commis-14 sion shall not be authorized to promulgate rules relating to the amendments15 to the definitions of the terms "shipper," "grower," and "processor" as pro-16 vided for in this act for a period of one (1) year from the effective date of17 this act.18

SECTION 3. That Section 22-1211A, Idaho Code, be, and the same is hereby19 repealed.20

SECTION 4. That Section 22-1215, Idaho Code, be, and the same is hereby21 repealed.22

SECTION 5. An emergency existing therefor, which emergency is hereby23 declared to exist, this act shall be in full force and effect on and after24 July 1, 2026.25