Idaho Administrative Code Title IDAPA 29 - Potato Commission, Idaho
Here’s a refined overview of IDAPA 29 – Idaho Administrative Code: Potato Commission, Idaho:
🥔 IDAPA 29.01.01 – Rules of the Idaho Potato Commission
Scope & Authority
These rules, established under the Idaho Potato Commission Act (Title 22, Chapter 12 of Idaho Code), regulate:
The payment and collection of the Idaho potato tax.
Recordkeeping requirements for growers, handlers, brokers, processors, packers, trademark licensees, container manufacturers, and out‑of‑state repackers.
Use of IPC certification marks (e.g., “Idaho®”, “GROWN IN IDAHO®”) and trademarks.
Packaging, labeling, branding, and grade/size standards.
Administrative and appeal procedures for disputes with the Commission (adminrules.idaho.gov, adminrules.idaho.gov, adminrules.idaho.gov).
Key Sections (29.01.01.000–.204)
000–001: Legal authority and scope (law.cornell.edu).
003: Admin proceedings/appeals—aligned with IDAPA 04.11.01; only presiding officer may escalate procedural rulings (law.cornell.edu).
010: Definitions of key terms used throughout (adminrules.idaho.gov).
100–104: Main rules covering tax, recordkeeping, certification marks, packaging, labeling, branding, container specs (law.cornell.edu).
📦 Branding & Packaging Highlights
Certification marks (§102): Containers must display IPC-certified marks; use requires written licensing. Variances may be granted for specific purposes like charity or seed shipment (adminrules.idaho.gov).
Branding (§103): Individual “Idaho®”-branded potatoes must be marked via approved methods (ink, heat, sticker, etc.), be at least U.S. No. 1 grade, ≥ 2″ diameter or ≥ 4 oz, with branding at least 1″ × ¼″ (regulations.justia.com).
Reporting & Labeling (§104): All fresh potato shipments must be reported with details of weight, packaging, and receiver; containers must indicate variety and recipient type (law.cornell.edu).
Administrative Procedure
Rulemaking & appeals follow IDAPA 04.11.01 (Attorney General’s Rules), but IPC-specific rules take precedence (law.cornell.edu).
Filing & service: Practices around public records, office hours, filings, hearings, and service are thoroughly defined throughout the Chapter (adminrules.idaho.gov).
📚 Where to Access These Rules
Official source:
IDAPA 29 index and PDF at adminrules.idaho.gov (adminrules.idaho.gov).
Alternative:
Justia and Cornell’s LII provide online versions but may lag behind official quarterly updates (law.cornell.edu).
📌 Summary Table
| Topic | Description |
|---|---|
| Tax & Reporting | 4¢/cwt (plus potential additional 11¢) potato tax; due monthly; detailed audit-grade recordkeeping and reporting required. |
| Certification Marks/Branding | Licensed usage of “Idaho®” etc. Containers and individual potatoes must meet strict specifications. |
| Packaging & Labeling | Containers must specify variety and be clearly labeled; packaging standards and variance processes apply. |
| Procedural Rules | Customized administrative and appeal procedures; IPC protocol aligns with but may supersede state AG guidelines. |
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