Laws and Regulations…
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The legislature and the Idaho nursery and florist industry found that the propagation and raising of nursery and florist stock is an agricultural pursuit that should be regulated and assisted by the Department of Agriculture to provide a high-quality and pest-free product to the citizens of Idaho and Idaho’s external trading partners.
Anyone who engages in, conducts, or carries on the business of propagating, growing, selling, dealing in, or importing into Idaho, for sale or distribution, any nursery or florist stock, or engages in the installation of landscape plants, or acts as an agent, salesman, or solicitor for any nurseryman, florist, landscape contractor, or dealer in nursery or florist stock must first obtain a license to do so from the Idaho State Department of Agriculture (ISDA).
Note: This license does not include Landscape Architects. To obtain information about a Landscape Architect license, please contact the Bureau of Occupational Licenses at (208) 334-3233 or visit their homepage at: www.ibol.idaho.gov.
The license fee is $100 for each calendar year. The license expires January 1 of every year, no matter when in the calendar year the license is issued. The ISDA inspects as many licensed nurseries and florists as possible and as often as the department considers necessary to facilitate exports and to detect and control pests and diseases.
Application forms can be completed with this fillable PDF and printed off. Please mail the completed application form with a check for $100 to P.O. Box 790, Boise, ID 83701 or bring the application form into the Idaho State Dept. of Agriculture Office at 2270 Old Penitentiary Road, Boise with a check or exact change. Sorry, credit cards cannot be accepted at this time.
Federal Tax Basics for Businesses
View the IRS One-Stop Resource Guide for Small Businesses here in Microsoft Word.
Shipping Regulations for Growers
Navigating through the shipping regulations for horticulture businesses can be a nightmare. Please see the regulations on the following site for access to the regulations according to all 50 states in the US. The National Plant Board has organized the rules and regulations into a site that is user friendly. When you get to the site, select the Laws and Regulations category, then scroll down to find the state you’d like to know about. You can select the information in Word or Pdf format.
Lien Law Changes
The INLA is providing members with sample forms to help contractors comply with the lein laws, Idaho Code Section (45-525). Although this law was first put in place in 2002, many contractors have not been complying. While the lein law gives contractors five business days instead of 24 hours to serve the property owner, it also contains specific disclosure requirements on the part of the contractor.
General contractors (anyone entering into a contract for more than $2,000 to construct, alter or repair any improvements on residential real property) with a residential property owner or potential purchaser must provide the following information:
1. Before entering into a contract, the contractor must provide an initial disclosure statement with an acknowledgement of receipt by the homeowner or purchaser that contains notification of the following rights:
· The right at reasonable expense of the homeowner to require the general contractor obtain lien waiver from any subcontractors….
· The right to receive proof that the general contractor has a general liability insurance policy including proof of worker’s compensation insurance for his employees,
· The right of the homeowner to purchase an extended policy of title insurance covering certain unfilled or unrecorded liens, and
· The right of the homeowner to require, at homeowner’s expense, a surety bond in an amount up to the value of the construction project
2. A signed disclosure statement listing the business names, addresses and telephone numbers of all subcontractors, materialmen and rental equipment providers in direct relationship with the general contractor who provide goods or services in excess of $500.00. This must be provided “within a reasonable time” prior to closing or final payment.
You must keep proof of receipt of the disclosure of rights form. This is best accomplished by keeping the original of the signed form with a copy to your customer. Upon request from your customer, you must provide balances owed on the job or on the account for all subcontractors, materialmen or rental equipment providers. Failure to make the required disclosures constitute an unlawful and deceptive act or practice and may affect your ability to file or collect on a lien. In addition, you could be fined up to $1,000.
Beginning January1, 2006, all landscape contractors performing work, as development or improvement to real property, in an amount that exceeds $2,000, will be required to register with the State of Idaho Bureau of Occupational Licenses.
In Idaho there was no requirement to become a landscape contractor. Legally, anyone could do it as long as they obtained an Idaho Nursery and Floral License which allows the person to sell plant material. The State of Idaho had no way to stop a bad or dishonest landscaper. This registration act may not actually have the ability to stop this kind of work, but at least there will be a place that homeowners can go to and check to see that the business is registered.
A landscape contractor that doesn’t pay puts a heavy burden on his suppliers or subcontractors who have unpaid bills, which in turn, exposes the homeowner to liens and foreclosure actions. As often happens, an unprincipled landscaper can change the name of his business as a ‘shell game’ and stay one step ahead of homeowners and creditors. Because there was no registration system, Idaho became a safe-haven for landscape contractors who have been kicked out of their home state where there were such laws.
The Contractor Registration Law requires the landscape contractor to make a statement under oath that they have never had their registration revoked or suspended in Idaho or any other state. It requires proof that the landscape contractor has Worker’s Compenstation Insureance and general liability insurance. The registration fee will be set by the Idaho Contractor’s Board, but can not exceed $150 per year.
This legislation will only apply to true contractors and subcontractors. It exempts volunteers, suppliers, employees, farmers, ranchers, projects less than $2,000, and private landowners doing work on their own property. It would allow the state to revoke or suspend the registration of a contractor who violates the consumer protection act, engages in dishonest or dishonorable dealings, makes material misrepresentations of fact, or who recklessly or with gross negligence performs construction. The registration does not apply to persons who only furnish materials, supplies or equipment without installation.
For information go to the Idaho Bureau of Occupational Licenses, please follow this link http://ibol.idaho.gov/IBOL/Home.aspx