Idaho State Statutes - Idaho Attorney Directory

a. Any person convicted of violating
any of the provisions of this chapter or the rules and regulations issued
thereunder or who shall impede, obstruct, hinder, or otherwise prevent or
attempt to prevent said director or a duly authorized agent in performance of
their duty in connection with the provisions of this chapter, shall be
adjudged guilty of a misdemeanor and shall be fined not more than five hundred
dollars ($500) for the first violation, and not more than one thousand five
hundred dollars ($1,500) for a subsequent violation. In all prosecutions under
the provisions of this chapter involving the composition of a lot of
commercial feed, a certified copy of the official analysis signed by the
director shall be accepted as prima facie evidence of the composition.
b. Any person who violates or fails to comply with any of the provisions
of this chapter or any regulations promulgated under this chapter may be
assessed a civil penalty by the department or its duly authorized agent of not
more than five hundred dollars ($500) for each offense and shall be liable for
reasonable attorney fees. Assessment of a civil penalty may be made in
conjunction with any other department administrative action. No civil penalty
may be assessed unless the person charged was given notice and opportunity for
a hearing pursuant to the Idaho administrative procedure act. If the director
is unable to collect such penalty or if any person fails to pay all or a set
portion of the civil penalty as determined by the department, it may recover
such amount by action in the appropriate district court. Any person against
whom the director has assessed a civil penalty under the provisions of this
section may, within thirty (30) days of the final action by the agency making
the assessment, appeal the assessment to the district court of the county in
which the violation is alleged by the department to have occurred. Moneys
collected for violation of a rule or regulation shall be remitted to the feed
and fertilizer account.
c. Nothing in this chapter shall be construed as requiring the director
or a duly authorized representative to report for prosecution or for the
institution of seizure proceedings as a result of minor violations of the act
when the director believes that the public interest will be best served by a
suitable notice of warning in writing.
d. It shall be the duty of each prosecuting attorney to whom any
violation is reported to cause appropriate proceedings to be instituted and
prosecuted in a court of competent jurisdiction without delay. Before the
director reports a violation for such prosecution, an opportunity shall be
given the distributor to present his view to the director.
e. The director is hereby authorized to apply for and the court to grant
a temporary or permanent injunction restraining any person from violating or
continuing to violate any of the provisions of this chapter or any rules or
regulation promulgated under the chapter notwithstanding the existence of
other remedies at law. Said injunction to be issued without bond.

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