No claim shall be paid from the fund to a producer who refuses or neglects to file a verified claim against a seed buyer:
(1) Within ninety (90) days from the date prescribed in the "notice of failure," or within the time limits of section 22-5125(1), Idaho Code, whichever is later; or
Terms Used In Idaho Code 22-5126
- Failure: means the date that one (1) or more of the following events occurred, as determined by the director:
Idaho Code 22-5102
Producer: means the owner, tenant or operator of land in this state who has an interest in the proceeds from the sale of seed crops grown on that same land. See Idaho Code 22-5102 Seed buyer: means any person having a commercial operation, its agents and employees, together with its elevators, mills, buildings, or other structures who owes or has any financial obligation to the producer for seed crop grown by that producer and transferred to the seed buyer. See Idaho Code 22-5102 Seed crops: means any seed crop regulated by chapter 4, title 22, Idaho Code. See Idaho Code 22-5102 Transfer: means , unless otherwise defined by the parties in writing, the event when a producer or his agent delivers seed crop to the seed buyer who then gives the producer or his agent a scale weight ticket, receipt, or other written evidence of transfer. See Idaho Code 22-5102
(2) If the claim is filed more than two (2) years from the date of transfer. Claims for seed crops used for lawns, turf and land reclamation including, but not limited to, bluegrass, ryegrass, native grasses, sagebrush and other native and nonnative shrubs, may not exceed two (2) years from the date of transfer or the date of sale, whichever occurs later.