Idaho Code § 25-1723 — Idaho Code / Title 25 / Chapter 17 / Section 25-1723
25-1723 ADMINISTRATION OF ACT.
Status: in_force

25-1723. Administration of act. The director is hereby vested with power and authority, and it is hereby made his duty, to:

(a) Administer the provisions of this act in respect to the issuances, suspensions and revocations of market charters.

(b) Prescribe by general order, or otherwise, rules and regulations in conformity with this act, applicable to its efficient and effective administration.

History:

[25-1723, added 1961, ch. 201, sec. 5, p. 310; am. 1974, ch. 18, sec. 149, p. 364.]
Idaho Code § 25-2703 — Idaho Code / Title 25 / Chapter 27 / Section 25-2703
25-2703 DEFINITIONS.
Status: in_force

25-2703. Definitions. When used in this chapter:

(1) The term "animal remedy" means any drug, combination of drugs, pharmaceutical, proprietary medicine, veterinary biologics, or combination of drugs and other ingredients, other than for food or cosmetic purposes, which is prepared or compounded for any animal use except man, or materials other than food intended to affect the structure or any function of the body of animals other than man. This term does not include medicated feeds.

(2) The term "brand name" means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.

(3) The term "commercial feed" means all materials or combination of materials that are distributed or intended for distribution for use as feed, or for mixing in feed, for poultry and animals other than man, except:

(a) Unmixed whole seeds and physically altered entire unmixed seeds, when such whole or physically altered seeds are not chemically changed or are not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.

(b) Seeds mixed and planted as such mixture, grown and harvested as one (1) crop, and processed as one (1) mixture when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.

(c) All hay, except commercially dehydrated legumes and grasses and when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.

(d) Whole or ground straw, stover, silage, cobs, husks, hulls, wet or pressed beet pulp, pea screenings and beet discard molasses when not mixed with other materials and when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.

(e) Live, whole or unprocessed animals when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.

(f) Animal remedies when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code. Animal remedies for pets, specialty pets, and equines that include ingredients from industrial hemp as defined in section 22-1703, Idaho Code, and as described under the definition of "tetrahydrocannabinols or synthetic equivalents" in section 37-2705(d), Idaho Code, are not considered adulterated.

(g) Individual mineral substances when not mixed with another material and when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.

(h) Certain processing byproducts or production waste, identified by the director in rule, without further processing, received by the end user directly from the food processor when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.

The director, by rule, may exempt from this definition, or from specific provisions of this chapter, commodities and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed with other materials and are not adulterated according to the provisions of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.

(4) The term "contract feeder" means a person who as an independent contractor feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished, or otherwise provided to such person and whereby such person's remuneration is determined, all or in part, by feed consumption, mortality, profits, or amount or quality of product.

(5) The term "customer-formula feed" means commercial feed that consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser, end user or consumer. Customer-formula feed does not include commercial feeds that are used as ingredients in other commercial feed or are offered for retail or further distribution.

(6) The term "department" means the Idaho department of agriculture.

(7) The term "director" means the director of the Idaho department of agriculture or the director's authorized agent.

(8) The term "distribute" means to offer for sale, sell, exchange or barter commercial feeds in or into this state or to supply, furnish, or otherwise provide commercial feed to a contract feeder.

(9) The term "distributor" means any person who distributes.

(10) The term "drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body.

(11) The term "feed ingredient" means each of the constituent materials making up a commercial feed.

(12) The term "label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or on the invoice or delivery slip with which a commercial feed is distributed.

(13) The term "labeling" means all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrapper or accompanying such commercial feed. This includes statements and promotion on company websites or other internet-based customer interfaces.

(14) The term "manufacture" means to grind, mix or blend, or further process a commercial feed for distribution.

(15) The term "medicated feed" means any feed that contains drug ingredients intended or presented for the cure, mitigation, treatment, or prevention of disease in animals other than man or that contains drug ingredients intended to affect the structure or any function of the body of animals other than man.

(16) The term "mineral" means a naturally occurring, homogeneous inorganic solid substance, essential to the nutrition of animals, having a definite chemical composition and characteristic crystalline structure, color and hardness.

(17) The term "mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

(18) The term "official sample" means a sample of commercial feed taken by the director or an authorized agent in accordance with the provisions of section 25-2709, Idaho Code.

(19) The term "percent" or "percentage" means percentage by weight.

(20) The term "person" includes an individual, partnership, corporation, firm, association and agent.

(21) The term "pet" means any domesticated animal normally maintained in or near the household(s) of the owner(s) thereof.

(22) The term "pet food" means any commercial feed prepared and distributed for consumption by dogs and cats.

(23) The term "pharmaceutical" means any product prescribed for the treatment or prevention of disease for veterinary purposes, including vaccines, synthetic and natural hormones, anesthetics, stimulants or depressants.

(24) The term "product name" means the name of the commercial feed that identifies it as to kind, class or specific use.

(25) The term "purchase" includes taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift or any other voluntary transaction creating an interest in property.

(26) The term "purchaser" means a person who takes by purchase.

(27) The term "registrant" means that person, manufacturer, guarantor, or distributor who registers a product or products according to the provisions of section 25-2704, Idaho Code.

(28) The term "sell" or "sale" includes exchange.

(29) The term "specialty pet" means any domesticated animal pet normally maintained in a cage or tank, such as but not limited to gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles.

(30) The term "specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.

(31) The term "ton" means a net weight of two thousand (2,000) pounds avoirdupois.

(32) The term "veterinary biologics" means any biologic product used for veterinary purposes, including but not limited to antibiotics, antiparasiticides, growth promotants and bioculture products.

(33) Words importing the singular number may extend and be applied to several persons or things and words importing the plural may include the singular.

History:

[(25-2703) 25-2717, added 1953, ch. 243, sec. 3, p. 366; am. 1957, ch. 100, sec. 1, p. 174; am. 1971, ch. 343, sec. 1, p. 1335; am. 1976, ch. 61, sec. 1, p. 209; am. 1987, ch. 129, sec. 1, p. 260; am. 1993, ch. 12, sec. 1, p. 39; am. and redesig. 2006, ch. 57, sec. 3, p. 168; am. 2012, ch. 89, sec. 1, p. 245; am. 2023, ch. 28, sec. 1, p. 144; am. 2024, ch. 16, sec. 8, p. 140.]
Idaho Code § 25-3503 — Idaho Code / Title 25 / Chapter 35 / Section 25-3503
25-3503 POISONING ANIMALS.
Status: in_force

25-3503. Poisoning animals. Every person who wilfully administers any poisonous substance to an animal, the property of another, or maliciously places any poisonous substance where it would be found by an animal or where it would attract an animal, with the intent that the same shall be taken, ingested or absorbed by any such animal, is punishable by imprisonment in the state prison not exceeding three (3) years, or in the county jail not exceeding one (1) year, and a fine not less than one hundred dollars ($100) or more than five thousand dollars ($5000).

History:

[(25-3503) Cr. & P. 1864, sec. 142; R.S., R.C., & C.L., sec. 7152; C.S., sec. 8541; I.C.A., sec. 17-4201; reen. 1972, ch. 336, sec. 1, p. 884; am. and redesig. 1994, ch. 346, sec. 3, p. 1091.]
Idaho Code § 25-3002 — Idaho Code / Title 25 / Chapter 30 / Section 25-3002
25-3002 TRANSFER OF FUNCTIONS FROM FISH AND GAME COMMISSION TO DEPARTMENT OF AGRICULTURE.
Status: in_force

25-3002. Transfer of functions from fish and game commission to department of agriculture. All the functions of the fish and game commission and the fish and game department, which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestic fur-bearing animals, or the products thereof, are hereby transferred to and vested in the department of agriculture and the administrator of the division of animal industries; provided, that this act shall not limit or affect the powers or duties of the fish and game commission and the fish and game department relating to nondomestic fur-bearing animals or the capture and taking thereof.

History:

[25-3002, added 1961, ch. 152, sec. 2, p. 218; am. 1974, ch. 18, sec. 168, p. 364.]
Idaho Code § 25-617 — Idaho Code / Title 25 / Chapter 6 / Section 25-617
25-617 SEPARABILITY.
Status: in_force

25-617. Separability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

History:

[25-617, added 1939, ch. 150, sec. 17, p. 267.]
Idaho Code § 25-611 — Idaho Code / Title 25 / Chapter 6 / Section 25-611
25-611 LABORATORY TESTS — WHERE AND BY WHOM TAKEN.
Status: in_force

25-611. Laboratory tests — Where and by whom taken. All laboratory tests of blood samples taken from cattle or other animals in certified brucellosis-free herds, cattle or other animals in cooperative herds in process of certification, additions to certified free and process herds, and all other animals on which an official test is required, including cattle or other animals intended for interstate shipment and exhibition at livestock fairs, expositions and shows, shall be made in the laboratory of the Idaho department of agriculture and such blood samples for official test may only be taken by persons approved by the department and the United States department of agriculture, veterinary services.

History:

[25-611, added 1939, ch. 150, sec. 11, p. 267; am. 1988, ch. 114, sec. 9, p. 209; am. 1993, ch. 13, sec. 11, p. 52.]
Idaho Code § 25-3809 — Idaho Code / Title 25 / Chapter 38 / Section 25-3809
25-3809 AGRICULTURE ODOR MANAGEMENT FUND.
Status: in_force

25-3809. Agriculture odor management fund. There is hereby created in the state treasury a fund to be known as the agriculture odor management fund, which shall consist of all moneys which may be appropriated to it by the legislature or made available to it from federal, private or other sources. The department may expend such amounts as are appropriated by the legislature from the fund for research, grants, projects, programs or other expenditures.

History:

[25-3809, added 2002, ch. 261, sec. 5, p. 784.]
Idaho Code § 25-3405 — Idaho Code / Title 25 / Chapter 34 / Section 25-3405
25-3405 PAYMENT AND COLLECTION OF ASSESSMENT.
Status: in_force

25-3405. Payment and collection of assessment. (1) The assessment shall not be collected unless more than one-half (1/2) of the votes cast in the referendum are in favor of the assessment. If more than one-half (1/2) of the votes cast in the referendum are in favor of the assessment, then the association shall notify the department of the amount of the assessment and the effective date of the assessment. The department shall notify all buyers and pork producers of the assessment.

(2) Each pork producer shall pay an assessment on each porcine animal sold to a buyer.

(3) A buyer of a porcine animal shall collect the assessment when buying a porcine animal by deducting the assessment from the price paid for the animal. The buyer shall remit collected assessments to the department no later than the tenth day of the following month. The department shall provide forms to buyers for reporting the assessment. If the total assessments collected by a buyer in a month are less than twenty-five dollars ($25.00), the buyer may keep the assessments until the total amount due is at least twenty-five dollars ($25.00) or the end of the quarter, whichever comes first. All buyers shall file at least one (1) report in each calendar quarter, regardless of the amount due.

(4) A buyer of porcine animals shall keep records of the number of porcine animals purchased and the date purchased. Records shall be maintained for two (2) years and be available for inspection and reproduction by the department at all reasonable times. All financial information or records regarding purchases of porcine animals by individual buyers shall be kept confidential by employees or agents of the department and the association, and shall not be disclosed except by court order.

(5) A pork producer, who sells directly to an out-of-state buyer, shall pay the assessment. The producer shall remit assessments to the department no later than the tenth day of the month following the date of sale. The department shall provide forms to producers for reporting and remitting the assessment. If the total assessments owed by a producer in a month are less than twenty-five dollars ($25.00), the producer may accumulate the assessments until the total amount due is at least twenty-five dollars ($25.00) or the end of the quarter, whichever comes first. All producers shall file at least one (1) report in each calendar quarter, regardless of the amount due.

(6) A producer shall keep records of the number of porcine animals sold, the market sold to and the date of sale. Records shall be maintained for two (2) years and be available for inspection and reproduction by the department at all reasonable times. All financial information or records regarding sale of porcine animals to out-of-state markets by producers shall be kept confidential by employees or agents of the department and the association, and shall not be disclosed except by court order.

(7) The association may bring an action to recover any unpaid assessments, plus the reasonable costs, including attorney fees, incurred in the action.

History:

[25-3405, added 1992, ch. 260, sec. 1, p. 754.]
Idaho Code § 25-2613 — Idaho Code / Title 25 / Chapter 26 / Section 25-2613
25-2613 SHORT TITLE.
Status: in_force

25-2613. Short title. This act shall be known and may be cited as the "Control of Wild Animals and Pests in Counties Act."

History:

[25-2613, added 1989, ch. 210, sec. 13, p. 519.]
Idaho Code § 25-3003 — Idaho Code / Title 25 / Chapter 30 / Section 25-3003
25-3003 APPLICATION OF LAWS RELATING TO LIVESTOCK AND DOMESTIC ANIMALS.
Status: in_force

25-3003. Application of laws relating to livestock and domestic animals. All of the provisions of title 25, chapter 2, Idaho Code, as amended, applicable to livestock and domestic animals, except those provisions which by their terms are restricted to swine, bovine animals, dairy or breeding cattle, or range cattle, or other particular kind or kinds of livestock and domestic animals to the exclusion of livestock or domestic animals generally, are applicable to domestic fur-bearing animals.

History:

[25-3003, added 1961, ch. 152, sec. 3, p. 218.]
Idaho Code § 25-2402 — Idaho Code / Title 25 / Chapter 24 / Section 25-2402
25-2402 PETITION AND REQUIREMENTS FOR DISTRICT.
Status: in_force

25-2402. Petition and requirements for district. (1) A majority of the owners of taxable real property, including corporations, in any area or district described by metes and bounds and who are also domiciled and resident in the state of Idaho, may petition the board of county commissioners in writing to create, modify or eliminate a herd district in such area; provided, that in the case of a petition for the purpose of eliminating an existing district or any portion thereof, said area must be contiguous to open range. Such petition shall describe the boundaries of the said proposed herd district, and shall designate what animals of the species of horses, mules, asses, cattle, swine, sheep and goats it is desired to prohibit from running at large, also prohibiting said animals from being herded upon the public highways in such district; and shall designate that the herd district shall not apply to nor cover livestock, excepting swine, which shall roam, drift or stray from open range into the district unless the district shall be enclosed by lawful fences and cattle guards as needed in roads penetrating the district so as to prevent livestock, excepting swine, from roaming, drifting or straying from open range into the district; and may designate the period of the year during which it is desired to prohibit such animals from running at large, or being herded on the highways. Such petition may also state the conditions and location(s), if any, for the construction of legal fences and cattle guards which may be required to prohibit the running at large of livestock within the interior of the proposed district; provided, that if such petition does not address the issue of interior fencing and cattle guards, the board of county commissioners shall have the power to establish such internal fencing requirements upon their approval of a proposed district. Provided, any herd district heretofore established shall retain its identity, geographic definition, and remain in full force and effect, until vacated or modified hereafter as provided by section 25-2404, Idaho Code.

(2) Notwithstanding any other provision of law to the contrary, no establishment of a herd district shall:

(a) Contain any lands owned by the United States of America or the state of Idaho, upon which the grazing of livestock has historically been permitted.

(b) Result in the state, a county, a city or a highway district being held liable for personal injury, wrongful death or property damage resulting from livestock within the public right-of-way.

(c) Prohibit trailing or driving of livestock from one location to another on public roads or recognized livestock trails.

(d) On or after April 15, 2023, regardless of the date of the establishment of any herd district, be the basis for civil liability of the owner of livestock, excepting swine, for damage from depredations or trespasses of such livestock that roam, drift, or stray from open range into the herd district unless such district is enclosed by lawful fences and cattle guards or gates as needed in roads penetrating the district so as to prevent livestock from roaming, drifting, or straying from open range into the district.

(3) Open range means all unenclosed lands outside cities and villages upon which by custom, license or otherwise, livestock, excepting swine, are grazed or permitted to roam.

(4) The owners of taxable real property within the herd district shall:

(a) Pay the costs, including on private land, of constructing and maintaining legal fences as required on the district's border with open range so as to prevent livestock, excepting swine, from roaming, drifting or straying from open range into the district.

(b) Pay the costs, including on private land, of constructing and maintaining cattle guards as required on the district's border with open range so as to prevent livestock, excepting swine, from roaming, drifting or straying from open range into the district; except that the costs of maintaining a cattle guard located on a public right-of-way shall thereafter be paid by the state, county, city or highway district responsible for maintaining said right-of-way.

(c) Pay seventy-five percent (75%) of the costs, including on private land, of constructing legal fences required, at the time of the creation or modification of the district only, to control livestock within the interior of the district; provided that (i) the costs of maintaining such fences shall thereafter be paid by the owner(s) of the land on which the fencing is constructed as prescribed by chapter 1, title 35, Idaho Code, and that (ii) the costs of constructing and maintaining fences on livestock operations which come into existence after the creation or modification of the district shall be paid by owner(s) of the land on which the fencing is constructed as prescribed by chapter 1, title 35, Idaho Code.

(d) Pay seventy-five percent (75%) of the costs, including on private land, of constructing legal cattle guards required, at the time of the creation or modification of the district only, to control livestock within the interior of the district; provided that (i) the costs of maintaining a cattle guard located on a public right-of-way shall thereafter be paid by the state, county, city or highway district responsible for maintaining the public right-of-way on which the cattle guard is located, or, in the case of a cattle guard located on private land, by the owner(s) of the land on which the cattle guard is constructed as prescribed by chapter 1, title 35, Idaho Code, and that (ii) the costs of constructing and maintaining cattle guards on livestock operations which come into existence after the creation or modification of the district shall be paid by the owner(s) of the land on which the cattle guard is constructed as prescribed by chapter 1, title 35, Idaho Code.

(e) In the case of a new herd district created contiguous to an existing herd district, there shall be no obligation to maintain a legal fence or cattle guards on the border between the new district and the existing district, except to the extent that said fence or cattle guards, or any portion thereof, may be required to control movement of livestock on the interior of the district. In the case of a modification of an existing herd district which alters its borders with open range, there shall be no obligation to maintain a legal fence or cattle guards on its previous border with open range, except to the extent that said fence or cattle guards, or any portion thereof, may be required to control movement of livestock on the interior of the district.

(5) In the case of interior fencing and cattle guards as described in subsections (4)(c) and (d), the owner(s) of private land on which such fencing or cattle guards are constructed shall pay twenty-five percent (25%) of the total cost of their construction, provided that the share of that total cost to be paid by each individual landowner shall be as prescribed by chapter 1, title 35, Idaho Code.

(6) Notwithstanding any provision of law to the contrary, a county shall have the authority to and shall levy an annual property tax not to exceed six hundredths percent (.06%) of market value for assessment purposes on taxable real property within the district for the costs of constructing and maintaining the legal fencing and cattle guards required by the creation or modification of such a herd district; provided that a herd district created on or after January 1, 1990, shall have no force and effect unless and until such a levy is approved, and provided that the revenues derived therefrom may not be used for any other purpose. In the case of a new herd district contiguous to an existing herd district, said levy shall apply, for purposes of constructing legal fences and cattle guards required by the new district, only to owners of taxable real property residing within the new district; but for purposes of maintaining thereafter fences as required on the district's border with open range, shall apply to owners of taxable real property residing within both the new district and the existing district to which it is contiguous.

History:

[(25-2402) 1907, p. 126, sec. 2, reen. R.C. & C.L., sec. 1303; am. 1919, ch. 184, sec. 1, p. 565; C.S., sec. 2012; I.C.A., sec. 24-2102; am. 1935, ch. 90, sec. 1, p. 171; am. 1947, ch. 75, sec. 1, p. 120; am. 1953, ch. 118, sec. 1, p. 172; am. 1963, ch. 264, sec. 1, p. 674; am. 1983, ch. 120, sec. 1, p. 313; am. 1985, ch. 56, sec. 1, p. 109; am. 1990, ch. 222, sec. 2, p. 590; am. 1996, ch. 322, sec. 5, p. 1033; am. 2023, ch. 261, sec. 2, p. 783.]
Idaho Code § 25-1719 — Idaho Code / Title 25 / Chapter 17 / Section 25-1719
25-1719 SHORT TITLE.
Status: in_force

25-1719. Short title. This act shall be known and cited as the "Idaho Public Livestock Market Development Act."

History:

[25-1719, added 1961, ch. 201, sec. 1, p. 310.]
Idaho Code § 25-144 — Idaho Code / Title 25 / Chapter 1 / Section 25-144
25-144 MOVEMENT OF SHEEP FROM QUARANTINED INTO UNQUARANTINED AREA PROHIBITED.
Status: in_force

25-144. Movement of sheep from quarantined into unquarantined area prohibited. It shall be unlawful to move sheep from a quarantined area of the state in any manner whatsoever into an unquarantined area of this state or for connecting carriers to receive sheep of the quarantined area at a point outside of the quarantined area and transport the same within the state, except in accordance with the rules and regulations of the board. It shall be unlawful to move any sheep within a quarantined area of the state except in accordance with the rules and regulations of the said board.

History:

[25-144, added 1951, ch. 250, sec. 19, p. 527; am. 2012, ch. 117, sec. 12, p. 326.]
Idaho Code § 25-1721 — Idaho Code / Title 25 / Chapter 17 / Section 25-1721
25-1721 DEFINITIONS OF TERMS.
Status: in_force

25-1721. Definitions of terms. The following words and phrases as used in this act, unless the context otherwise requires, shall have the meanings respectively ascribed to them in this section.

(a) "Persons" shall include any individual, firm, association, partnership or corporation.

(b) "Department" means the department of agriculture.

(c) "Director" means the director of the department of agriculture.

(d) "Livestock" means and includes cattle, calves, horses, mules and swine.

(e) "Public livestock market" means:

Any place, establishment or facility commonly known as a "livestock market," "livestock auction market," "sales ring," "stockyard," or the like, consisting of pens, or other inclosures, and their appurtenances, in which livestock is received, held, sold or kept for sale or shipment, which is conducted or operated for compensation or profit as a public market for livestock.

Marketing or trading, including the transmission of market information, bids, and offers, may be facilitated by computer, video, or any other electronic device.

(f) "Market charter" means the charter for public livestock market operation authorized to be issued under the provisions of this act.

(g) "Livestock market operator" means any person engaged in the business of conducting or operating a public livestock market, whether personally or through agents or employees.

History:

[25-1721, added 1961, ch. 201, sec. 3, p. 310; am. 1974, ch. 18, sec. 147, p. 364; am. 1985, ch. 238, sec. 1, p. 564; am. 1994, ch. 314, sec. 1, p. 999.]
Idaho Code § 25-2301 — Idaho Code / Title 25 / Chapter 23 / Section 25-2301
25-2301 STRAY OR ESTRAY DEFINED.
Status: in_force

25-2301. Stray or estray defined. Stray or estray means any livestock whose owner is unknown or cannot be located, or any livestock whose owner is known but who permits livestock to roam at large on public or private lands contrary to law or regulation and without permission. Nothing in this chapter shall be construed to impair or diminish any protections, privileges, or immunities established pursuant to section 25-2118, Idaho Code.

History:

[25-2301, added 1976, ch. 88, sec. 2, p. 299; am. 2024, ch. 263, sec. 1, p. 916.]
Idaho Code § 25-303 — Idaho Code / Title 25 / Chapter 3 / Section 25-303
25-303 DESIGNATION OF FREE AREAS.
Status: in_force

25-303. Designation of free areas. When all cattle, other bovidae, captive cervidae, captive antilocapridae or camelidae in such county, counties, areas, or the entire state have been tested and the records of such test show the disease has been eradicated to a minimum of percent that the state division and federal department of agriculture in their regulations designate as free from disease, such county, counties, well-defined areas, or the entire state shall be designated as "tuberculosis free areas."

History:

[(25-303) 1923, ch. 146, sec. 3, p. 214; I.C.A., sec. 24-303; am. 1974, ch. 18, sec. 129, p. 364; am. 1993, ch. 15, sec. 3, p. 57.]
Idaho Code § 25-3520B — Idaho Code / Title 25 / Chapter 35 / Section 25-3520B
25-3520B SEIZURE — COSTS — FORFEITURE PROCEEDINGS — SECURITY DEPOSIT OR BOND — DISPOSITION — PROCEDURAL GUIDELINES.
Status: in_force

25-3520B. Seizure — Costs — Forfeiture proceedings — Security deposit or bond — disposition — Procedural guidelines. (1) Any person having authority to enforce this chapter, in accordance with section 25-3501 or 25-3501A, Idaho Code, who has probable cause to believe there has been a violation of section 25-3504, 25-3505, 25-3506, 25-3507, 25-3510 or 25-3511, Idaho Code, may take custody of the animal involved.

(2) If any animal is seized under this section, the owner or keeper shall be liable for the reasonable costs of the seizure and the care, keeping and disposal of the animal. Reasonable costs shall include, but shall not be limited to, transportation, medical, board, shelter and farrier costs.

(3) If any animal is in the possession of, and being held by, a law enforcement agency or animal care and control agency pursuant to the provisions of this chapter, pending the outcome of a criminal action charging a violation of this chapter, and prior to final disposition of the criminal charge, the animal care and control agency or law enforcement agency may file a petition in the criminal case requesting that the court issue an order forfeiting the animal to the law enforcement agency or animal care and control agency. The petitioner shall serve a true copy of the petition upon the defendant.

(4) Upon receipt of a petition pursuant to subsection (3) of this section, the court shall set a hearing on the petition. The hearing shall be conducted within fourteen (14) days after the filing of the petition, or as soon as practicable. The hearing shall be limited to the question of forfeiture of the animal.

(5) At a hearing conducted pursuant to subsection (4) of this section, the petitioner shall have the burden of establishing probable cause to believe that the animal was subjected to a violation of this chapter. A prior finding of probable cause to proceed on the criminal case will create a permissive inference that probable cause exists for the forfeiture proceeding. After the hearing, if the court finds probable cause exists, the court shall order immediate forfeiture of the animal to the petitioner, unless the defendant, within seventy-two (72) hours of the hearing, posts a security deposit or bond with the municipal or county treasurer in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, for the care of the animal for at least thirty (30) days inclusive of the day of the initial seizure and may order anticipated costs up to the time set for trial on the criminal case if requested by the petitioner. If, after the hearing, the court finds that no probable cause exists, the animal shall be returned to the owner or keeper of the animal, and the owner or keeper shall not be responsible for any costs of the seizure, care or treatment, unless the person later pleads guilty to or is found guilty of a violation of this chapter.

(6) At the end of the time for which expenses are covered by the security deposit or bond, if the person owning or keeping the animal desires to prevent disposition of the animal, the owner or keeper shall post a new security deposit or bond with the municipal or county treasurer which must be received before the expiration date of the previous security deposit or bond. The court may correct, alter or otherwise adjust the new security deposit or bond upon a motion made before the expiration date of the previous security deposit or bond, provided however, no person may file more than one (1) motion seeking an adjustment to the new security deposit or bond.

(7) If a security deposit or bond has been posted in accordance with this section, the law enforcement agency or animal care and control agency may draw from that security deposit or bond reasonable costs in keeping and caring for the animal from the date of the seizure to the date of final disposition of the animal in the criminal action.

(8) At the end of the time for which expenses are covered by the security deposit or bond, or if no security deposit or bond has been posted in accordance with this section, the law enforcement agency or animal care and control agency may determine disposition of the animal. The owner or keeper of the animal shall be liable for all unpaid reasonable costs of the care, keeping or disposal of the animal. Posting of the security deposit or bond shall not prevent the law enforcement agency or animal care and control agency from disposing of the seized or impounded animal before the expiration of the period covered by the security deposit or bond if the court orders the forfeiture of the animal or the owner relinquishes the animal.

(9) Upon resolution of the criminal action, remaining funds deposited with the municipal or county treasurer which have not, and will not be expended in the care, keeping or disposal of the animal shall be remitted to the owner or keeper of the animal.

(10) Irrespective of any other provision of this section, if in the written determination of a licensed veterinarian, the animal is experiencing extreme pain or suffering, or is severely injured or diseased, and therefore not likely to recover, it may be immediately euthanized.

(11) No proceeding under this section shall be used as a basis for a continuance or to delay the criminal case nor shall proceedings in the criminal case, other than dismissal, be used as a basis to delay or continue the forfeiture proceeding as provided for in this section. Proceedings under this section are of a civil nature and governed by the Idaho rules of civil procedure except as to limitations upon the discovery process. Due to the need to conduct any proceeding necessary under this section in an expeditious manner, and the right of any criminal defendant to avoid self-incrimination, any and all discovery requests shall be granted only under authority of the court. Discovery shall be authorized with the intent to provide the necessary information relating directly to the evidence for the probable cause proceeding. In no event shall discovery mechanisms be used to unreasonably burden the opposing party. Discovery mechanisms shall not include the deposition of any party, witness or representative, the use of interrogatories, or the demand to inspect any records outside the immediate reports and financial accountings for the animal in question.

History:

[25-3520B, added 2006, ch. 170, sec. 8, p. 528.]
Idaho Code § 25-3406 — Idaho Code / Title 25 / Chapter 34 / Section 25-3406
25-3406 USE OF ASSESSMENTS.
Status: in_force

25-3406. Use of assessments. The funds collected under this assessment shall be used to promote the interests of the pork industry and to conduct a porcine disease control program. The department shall remit all funds collected under this act to the association at least monthly. The association shall return to the department at least monthly those funds necessary to conduct a porcine disease control program. In order to prevent duplication of effort, these funds shall not be used for activities funded under 7 U.S.C. chapter 79, pork promotion, research and consumer information.

History:

[25-3406, added 1992, ch. 260, sec. 1, p. 755.]
Idaho Code § 25-3114 — Idaho Code / Title 25 / Chapter 31 / Section 25-3114
25-3114 APPOINTMENT OF DIRECTOR — DUTIES — SALARY.
Status: in_force

25-3114. Appointment of director — duties — Salary. The commission shall appoint a director who shall devote full time to the administration of this chapter. He shall proceed immediately to prepare the plans and general program necessary and adequate to carry out the policies that are adopted by the commission. The director shall be paid a reasonable salary fixed by the commission, commensurate with his duties, and all necessary expenses.

History:

[25-3114, added 1969, ch. 140, sec. 14, p. 435; am. 2013, ch. 176, sec. 7, p. 410.]
Idaho Code § 25-1732 — Idaho Code / Title 25 / Chapter 17 / Section 25-1732
25-1732 INVESTIGATION OF ACTIONS OF MARKET CHARTER HOLDERS — HEARINGS ON COMPLAINTS — WITNESSES — SUSPENSION OR REVOCATION OF MARKET CHARTERS — VIOLATION OF PACKERS AND STOCKYARDS ACT OF 1921 — INJUNCTION — HEARING — AUDIT.
Status: in_force

25-1732. Investigation of actions of market charter holders — Hearings on complaints — Witnesses — Suspension or revocation of market charters — Violation of Packers and Stockyards Act of 1921 — Injunction — Hearing — Audit. The director may, upon his own motion, whenever he has reason to believe the provisions of this act have been violated, or upon verified complaint of any person in writing investigate the actions of any market charter holder, and if he finds probable cause to do so, shall file a complaint against the market charter holder which shall be set down for hearing before the director upon fifteen (15) days' notice served upon such market charter holder either by personal service upon him or by registered mail or telegram prior to such hearing.

The director shall have the power to administer oaths, certify to all official acts and shall have the power to subpoena any person in this state as a witness, to compel the producing of books and papers and to take the testimony of any person on deposition in the same manner as is prescribed by law in the procedure before the courts of this state in civil cases. Processes issued by the director shall extend to all parts of the state and may be served by any person authorized to serve processes. Each witness that shall appear by the order of the director at any hearing shall receive for his attendance the same fees and mileage allowed by law to witnesses in civil cases appearing in the district court, which amount shall be paid by the party at whose request such witness is subpoenaed. When any witness has not been required to attend at the request of any party, but subpoenaed by the director, his fees and mileage shall be paid by the director in the same manner as other expenses of the director are paid.

All powers of the director herein enumerated in respect to administering oaths, power of subpoena, etc., in hearings on complaints shall likewise be applicable to hearings held on applications for the issuance of a market charter.

Formal finding by the director after due hearing that any market charter holder:

(a) Has ceased to conduct a public livestock market business for at least twelve (12) months; or

(b) Has been guilty of fraud or misrepresentation as to the titles, charges, number, brands, weights, proceeds of sale or ownership of livestock; or

(c) Has violated any of the provisions of this act; or

(d) Has violated any of the rules or regulations adopted and published by the director; or

(e) Has violated any of the provisions of the United States Packers and Stockyards Act, of 1921, as amended, or regulations relating thereto, shall be deemed a sufficient cause for the suspension or revocation of the market charter of the offending public livestock market operator. Provided, however, that if the director has reasonable cause to believe that a market operator has violated this act or said Packers and Stockyards Act, of 1921, as amended, or regulations pertaining thereto, it may petition the district court of the district in which said market is located to enjoin such violation by filing a verified complaint setting forth the acts constituting such violation. The court, if satisfied from such complaint that the act or acts complained of have been or are being or are about to be committed, may issue a temporary writ without notice or bond enjoining the defendant from operating said market pending a hearing of the director but no longer than twenty-one (21) days. An audit by the packers and stockyards division of the United States department of agriculture of said market shall be prima facie evidence of the facts therein contained. The director shall only use such audit or audits approved by the packers and stockyards division of the United States department of agriculture.

History:

[25-1732, added 1961, ch. 201, sec. 14, p. 310; am. 1965, ch. 65, sec. 5, p. 100; am. 1967, ch. 221, sec. 2, p. 667; am. 1974, ch. 18, sec. 157, p. 364.]
Idaho Code § 25-212 — Idaho Code / Title 25 / Chapter 2 / Section 25-212
25-212 REPORTABLE DISEASES WHICH CONSTITUTE AN EMERGENCY — RULES — DUTY OF VETERINARIANS AND OWNERS OF LIVESTOCK AND OTHER ANIMALS — INDEMNITY.
Status: in_force

25-212. Reportable diseases which constitute an emergency — Rules — Duty of veterinarians and owners of livestock and other animals — Indemnity. The director is authorized to declare any disease, parasite or agent which: (1) has been identified by the United States department of agriculture/animal and plant health inspection service/veterinary services (USDA/APHIS/VS) as a "communicable foreign disease not known to exist in the United States"; or (2) which is not naturally occurring in or has been eradicated from Idaho and which, if introduced into Idaho, would have a devastating impact on the livestock or other animals of the state, a disease which constitutes an emergency. The presence of such disease in any state in the United States, any country contiguous to the United States, or any country from which the state of Idaho receives animals or animal products may constitute an emergency. The director is also authorized to promulgate rules which list and regulate diseases, parasites and other agents which, if introduced into the state, would result in devastation of the livestock or other animals within the state and which diseases therefore constitute an emergency. It is hereby made the duty of all persons practicing veterinary medicine in this state to report to the division immediately, by telephone or facsimile, any and all cases of exposure to or infection of foot and mouth disease, bovine spongiform encephalopathy, chronic wasting disease, other transmissible spongiform encephalopathies, brucellosis, tuberculosis, or any foreign, exotic or emerging disease, or such other disease or diseases as may be declared to constitute an emergency by state or national authorities that they may find existing among animals of the state. Every owner of livestock or other animals and every breeder or dealer in livestock or other animals and everyone bringing livestock or other animals into this state upon observing the appearance of, or symptoms of any disease or diseases, or who has knowledge of exposure of the livestock or other animals to diseases as herein set forth among the livestock or other animals owned by him or under his care, shall give immediate notice by telephone or facsimile to the division of the facts discovered by him as aforesaid, and any owner of livestock or other animals who shall fail to make report as herein provided shall forfeit all claims for indemnity for animals condemned and slaughtered or destroyed on account of any disease or diseases as herein provided for in accordance with the provisions made and promulgated by the division. In the event the director determines that animals in the state have been exposed to or are infected with a disease which constitutes an emergency or in the event of an outbreak of any disease or diseases as herein provided among any of the animals of this state the state board of examiners is authorized and empowered, upon the recommendation of the division, to reimburse the owner by cash payment or to issue or cause to be issued certificates of indebtedness having interest at such rate as shall be set by the said state board of examiners, for the purpose of reimbursing the owner of any affected or exposed animal, any animal ordered slaughtered or destroyed, or animals which have been condemned, appraised and slaughtered or destroyed by direction of the division, and for property destroyed and for labor employed in digging trenches, or disposing of animals by any other means and for cleaning and disinfecting premises where such infected or exposed animal or animals have been kept; provided, that the state shall only pay the difference between appraised price less federal indemnity and salvage value for any animals condemned and slaughtered or destroyed under this section and the actual costs for burial or disposal of animal carcasses and for cleaning and disinfection of premises where infected or exposed animals have been kept. In the event federal indemnity is unavailable, the state shall only pay the difference between appraised price and salvage value. Appraisals shall be performed by a team comprised of an animal health representative, the owner and a person with experience in marketing the species of the animal condemned. The director may grant a hearing to any person, under such rules as the department may prescribe which are in compliance with chapter 52, title 67, Idaho Code, when the appraisal price is in dispute. An appeal may be taken from the decision of the director under the provisions of chapter 52, title 67, Idaho Code.

History:

[(25-212) 1919, ch. 35, sec. 11, p. 124; C.S., sec. 1851; I.C.A., sec. 24-212; am. 1947, ch. 163, sec. 1, p. 419; am. 1953, ch. 4, sec. 1, p. 6; am. 1974, ch. 18, sec. 111, p. 364; am. 1993, ch. 16, sec. 8, p. 61; am. 1997, ch. 21, sec. 1, p. 30; am. 2002, ch. 87, sec. 2, p. 208.]
Idaho Code § 25-2313 — Idaho Code / Title 25 / Chapter 23 / Section 25-2313
25-2313 WILLFULLY AND WANTONLY ALLOWING ESTRAYS — DAMAGE.
Status: in_force

25-2313. WILLFULLY and wantonly ALLOWING ESTRAYS — Damage. (1) A person who willfully and wantonly allows livestock under his control to stray as defined in section 25-2301, Idaho Code, shall be: guilty of an infraction and subject to a fine of two hundred fifty dollars ($250) for a first offense; guilty of an infraction and a fine of five hundred dollars ($500) for a second offense within five (5) years of the first offense; and guilty of a misdemeanor and a fine of seven hundred fifty dollars ($750) for a third or subsequent violation within five (5) years of the previous violation.

(2) A person willfully and wantonly allows livestock to stray if he refuses to take possession of the livestock within three (3) days after being notified by the sheriff or brand inspector as provided in section 25-2302, Idaho Code.

(3) If such stray livestock enter and cause damage to any cultivated land as defined in section 18-7008, Idaho Code, then the owner of the livestock may be charged at a rate not to exceed ten dollars ($10.00) per head per day for cattle and horses or at a rate not to exceed four dollars ($4.00) per head per day for other animals following notification from the sheriff or brand inspector to the individual who owns or controls the livestock. Such damages shall be payable to the damaged party.

(4) An individual found guilty pursuant to the provisions of section 18-7012, Idaho Code, if such action allows livestock to stray, shall be solely liable for all damage caused by the livestock while outside of their original enclosure in addition to damages provided by this section.

History:

[25-2313, added 2024, ch. 263, sec. 4, p. 917.]
Idaho Code § 25-3303 — Idaho Code / Title 25 / Chapter 33 / Section 25-3303
25-3303 LICENSE REQUIRED.
Status: in_force

25-3303. License required. Any person doing business as a livestock dealer in the state of Idaho must secure an annual license from the board. A fee of three hundred dollars ($300) shall accompany any such application for initial issuance or renewal. In addition, a fee of one hundred dollars ($100) shall be paid for each authorized representative of a licensee. Such fees so received are not returnable and shall be deposited in the state brand account created in section 25-1161, Idaho Code. Upon determination that the applicant is qualified, the board shall issue a license to the applicant and all annual licenses shall terminate and become void each successive June 30.

History:

[25-3303, added 1978, ch. 290, sec. 1, p. 711; am. 1990, ch. 182, sec. 4, p. 397; am. 2011, ch. 55, sec. 4, p. 120; am. 2025, ch. 160, sec. 7, p. 779.]
Idaho Code § 25-156 — Idaho Code / Title 25 / Chapter 1 / Section 25-156
25-156 REPORT.
Status: in_force

25-156. report. On or before January 15 of each year, the board, or entity the board has contracted with pursuant to the provisions of section 25-155, Idaho Code, shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative council, the state controller, and the division of financial management, a report showing the annual income to the board during the preceding fiscal year. The report shall also include an estimate of income to the board for the current fiscal year and a projection of anticipated expenses by category for the current fiscal year. The report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.

History:

[25-156, added 1998, ch. 205, sec. 4, p. 729; am. 2003, ch. 32, sec. 15, p. 126; am. 2012, ch. 117, sec. 18, p. 329.]
Idaho Code § 25-1151 — Idaho Code / Title 25 / Chapter 11 / Section 25-1151
25-1151 DECEPTIVE AND INFRINGING BRANDS — PREVENTION OF USE.
Status: in_force

25-1151. Deceptive and infringing brands — Prevention of use. The state brand board shall have the right to adopt such rules and regulations as it may prescribe to prevent the use of deceptively similar brands in the state of Idaho and to prevent the use of infringing brands, and is hereby authorized to cancel any brand in the state of Idaho of priority below any brand which it shall infringe.

History:

[(25-1151) 1947, ch. 88, sec. 9, p. 149; am. 1988 & redesignated 25-1151, ch. 75, sec. 30, p. 125.]
Idaho Code § 25-3519 — Idaho Code / Title 25 / Chapter 35 / Section 25-3519
25-3519 AUTHORITY TO ENTER PREMISES AND EXAMINE ANIMALS.
Status: in_force

25-3519. Authority to enter premises and examine animals. Representatives of the division are authorized and empowered to enter any field, pasture, feedyard, barn, stable, kennel, cage, yard, vehicle, trailer or other premises in this state where animals are kept, during normal operating hours, when probable cause exists, with the permission of the owner, to investigate alleged violations of the provisions of this chapter. If permission is not granted, said representatives shall be empowered to call on sheriffs, constables and peace officers to assist them in the discharge of their duties and in carrying out the provisions of this chapter.

History:

[25-3519, added 1994, ch. 346, sec. 20, p. 1097.]
Idaho Code § 25-301 — Idaho Code / Title 25 / Chapter 3 / Section 25-301
25-301 PETITION OF OWNERS IN AREA — TESTING OF CATTLE AND OTHER ANIMALS.
Status: in_force

25-301. Petition of owners in area — Testing of cattle and other animals. Whenever petitions signed by sixty percent (60%) or more of the cattle, other bovidae, captive cervidae, captive antilocapridae and camelidae owners, as designated by the last assessment rolls of the several taxing districts therein, who reside in any county, counties, or well-defined areas, which are segregated from other areas or separated from other areas by natural segregating boundary lines, such as mountain ranges, rivers or canyons, shall be presented to the department of agriculture, asking that all cattle, other bovidae, captive cervidae, captive antilocapridae and camelidae within such county, counties, or areas, be tested for tuberculosis, said department is hereby authorized to make such test in the manner prescribed in sections 25-215, 25-216, 25-222 and 25-229, Idaho Code.

History:

[(25-301) 1923, ch. 146, sec. 1, p. 214; I.C.A., sec. 24-301; am. 1993, ch. 15, sec. 1, p. 56.]
Idaho Code § 25-1122 — Idaho Code / Title 25 / Chapter 11 / Section 25-1122
25-1122 OWNERSHIP AND TRANSPORTATION CERTIFICATE.
Status: in_force

25-1122. Ownership and transportation certificate. (1) The owner or owners of any horses, mules or asses desiring to transport them within the state for any purpose other than sale or trade, may, upon request to the state brand inspector, be issued an ownership and transportation certificate, which certificate shall be issued in lieu of the required brand inspection certificate or other written permit for each horse, mule or ass to be transported.

(2) An ownership and transportation certificate may be used by the owner or owners of a horse, mule or ass for identification purposes and as prima facie proof of ownership of any animal described by such a certificate.

(3) The ownership and transportation certificate shall be valid as long as the horse, mule or ass described therein remains under the ownership of the person or persons to whom the certificate is issued.

(4) The ownership and transportation certificate of a horse, mule or ass must accompany the animal for which it is issued at all times while the animal is in transit.

(5) Each ownership and transportation certificate of a horse, mule or ass shall identify the particular animal by color, markings, sex, age and, where applicable, by brand, registration number, tattoo or other marks as provided for by regulation of the state brand board.

(6) There shall be a fee in an amount to be set by the state brand board, not to exceed seventy-five dollars ($75.00), for issuance of each ownership and transportation certificate, which fee shall be in addition to any brand inspection certificate or other written permit which may be requested by the owner or owners of a horse, mule or ass under other provisions of law.

(7) Upon any change of ownership of a horse, mule or ass for which an ownership and transportation certificate has been issued, the former owner or owners may transfer the certificate to the new owner or owners upon payment of a fee to be set by the state brand board, not to exceed seventy-five dollars ($75.00) per certificate.

(8) The state brand board may, under such terms and conditions as it deems necessary to protect ownership of horses, mules and asses, provide by regulation that ownership and transportation certificates may be used in transportation of horses, mules or asses to and from points outside of the state of Idaho, and may provide that similar certificates from other states may be used for proof of ownership of horses, mules or asses entering Idaho.

History:

[(25-1122) I.C., 24-1402A, as added by 1975, ch. 23, sec. 3, p. 36; am. 1987, ch. 61, sec. 6, p. 111; am. 1988 & redesignated 25-1122, ch. 75, sec. 14, p. 119; am. 2011, ch. 55, sec. 1, p. 119; am. 2019, ch. 157, sec. 1, p. 509.]
Idaho Code § 25-2902 — Idaho Code / Title 25 / Chapter 29 / Section 25-2902
25-2902 MEMBERS — QUALIFICATIONS.
Status: in_force

25-2902. Members — Qualifications. Each member of the council shall be a citizen of the United States and a bona fide resident of this state, a member of the organization which has recommended his appointment to the governor, and shall derive a substantial portion of his income from the production or business which he represents upon the council. The qualifications of each member shall remain in effect during his entire term of office or his office shall be declared vacant by the governor. The governor shall have the power to remove any council member at will.

History:

[25-2902, added 1967, ch. 222, sec. 2, p. 670.]
Idaho Code § 25-3205 — Idaho Code / Title 25 / Chapter 32 / Section 25-3205
25-3205 PROHIBITING UNFINISHED PRODUCTS FROM INTRASTATE SHIPMENT.
Status: in_force

25-3205. Prohibiting unfinished products from intrastate shipment. Only finished products from licensed rendering establishments or licensed establishments processing 4-D animals will be allowed to move intrastate.

History:

[25-3205, added 1969, ch. 33, sec. 5, p. 57.]
Idaho Code § 25-2601 — Idaho Code / Title 25 / Chapter 26 / Section 25-2601
25-2601 CONTROL OF PESTS — POWERS OF COUNTY COMMISSIONERS.
Status: in_force

25-2601. Control of pests — Powers of county commissioners. The board of county commissioners of each and every county of this state are all hereby granted full power and authority to declare any predatory animal, including coyote, that feeds upon, preys upon or destroys any poultry or livestock of any kind upon any public or private lands within their respective counties, or any rodent, jack-rabbit, gopher, ground squirrel, cricket, locust, grasshopper and other insect pests or plant disease causing organisms/agents or any other invertebrate organism that feeds, preys upon, or destroys any livestock, natural grasses, or cultivated crops of any kind upon any public or private lands within their respective counties, to be agricultural pests, and to take all steps that they may deem necessary to control such pests.

History:

[(25-2601) 1951, ch. 275, sec. 1, p. 578; 25-2618 am. and redesignated 25-2601, 1989, ch. 210, sec. 1, p. 514; am. 1994, ch. 80, sec. 1, p. 182.]
Idaho Code § 25-2307 — Idaho Code / Title 25 / Chapter 23 / Section 25-2307
25-2307 REMOVAL WITHOUT PAYMENT PROHIBITED.
Status: in_force

25-2307. Removal without payment prohibited. Removal of the estray livestock from the custody of the sheriff, brand inspector or any person holding the estray livestock for the sheriff or brand inspector without payment in full of all charges or costs that have been incurred under this chapter shall be a misdemeanor and the livestock may be recovered to be disposed of as provided for by this chapter by the sheriff, brand inspector or person authorized by either of them to hold the estray livestock.

History:

[I.C., sec. 25-2307, as added by 1976, ch. 88, sec. 2, p. 300.]
Idaho Code § 25-2910 — Idaho Code / Title 25 / Chapter 29 / Section 25-2910
25-2910 BONDING — RECORDS — AUDITS.
Status: in_force

25-2910. Bonding — Records — Audits. The person or persons who receive and disburse the moneys of the council shall be bonded, by and in an amount to be determined by the council.

Accurate records of all receipts and disbursements shall be kept, and audited annually by a certified public accountant, whose report shall be filed in the council office and made available upon request to any person paying assessments under this act.

History:

[25-2910, added 1967, ch. 222, sec. 10, p. 670.]
Idaho Code § 25-202 — Idaho Code / Title 25 / Chapter 2 / Section 25-202
25-202 ADMINISTRATOR — QUALIFICATIONS.
Status: in_force

25-202. Administrator — Qualifications. The administrator of the division of animal industries in the department of agriculture shall be a competent, qualified graduate in good standing of an accredited veterinary college recognized by the United States department of agriculture and a licensed veterinarian of the state of Idaho.

History:

[(25-202) 1919, ch. 35, sec. 2, p. 121; C.S., sec. 1841; I.C.A., sec. 24-202; am. 1974, ch. 18, sec. 102, p. 364; am. 1993, ch. 16, sec. 1, p. 58.]
Idaho Code § 25-2602 — Idaho Code / Title 25 / Chapter 26 / Section 25-2602
25-2602 LEVY OF TAXES — APPROPRIATION — PEST FUND.
Status: in_force

25-2602. Levy of taxes — Appropriation — Pest fund. For the purpose of providing funds for the control of any agricultural pests under the provisions of this act, the board of commissioners of any county in the state may, and they are hereby empowered, at the time taxes are levied by them for state and county purposes, to levy an annual tax, not exceeding two hundredths per cent (.02%) of market value for assessment purposes of all property within such county, for the purpose of controlling any and all pests that have been declared to be agricultural pests, as provided in section 25-2601, Idaho Code, such tax to be collected in the same manner as other county taxes are collected. Such boards of county commissioners are also further authorized and empowered, in case of an emergency, which emergency shall be declared by them, to make a direct appropriation for the purpose of controlling such pests. All moneys so raised by taxes or direct appropriation shall be placed in a county pest fund, which shall be used for no other purpose than the control of such pests and for the payment of all necessary expenses incurred in such control program. Such fund shall be a revolving fund and any moneys returned to the same under any of the provisions of this act shall continue to be available for the operation of said control program.

History:

[(25-2602) 1951, ch. 275, sec. 2, p. 578; 25-2619 am. and redesignated 25-2602, 1989, ch. 210, sec. 2, p. 515.]
Idaho Code § 25-226 — Idaho Code / Title 25 / Chapter 2 / Section 25-226
25-226 SWINE — TREATMENT BY FEDERAL AND STATE AGENTS.
Status: in_force

25-226. Swine — Treatment by federal and state agents. The representatives of the division or the inspectors or agents of the United States bureau of animal industry shall be authorized and empowered to treat any swine affected or infected with or exposed to hog cholera or any other contagious, infectious or communicable disease with antihog cholera serum or virus or to disinfect or otherwise treat such swine within this state in accordance with the rules and regulations of the division.

History:

[(25-226) 1919, ch. 35, p. 131; C.S., sec. 1872; I.C.A., sec. 24-226; am. 1974, ch. 18, sec. 121, p. 364.]
Idaho Code § 25-2604 — Idaho Code / Title 25 / Chapter 26 / Section 25-2604
25-2604 CONTROL DISTRICTS.
Status: in_force

25-2604. Control districts. The board of commissioners of any county in the state may create special control districts in the county for the control of agricultural pests infesting any such district, may levy an annual tax, not exceeding two hundredths per cent (.02%) of market value for assessment purposes of all property within such district, may appoint three (3) commissioners to govern the affairs of the pest control district. The pest control district, through the authority of the board of commissioners may require the landowners or their agents in such control district to either control such agricultural pests on their own lands in such district within a specified time, or to pay the cost of controlling them if the same are controlled by agents of the district after failure of the landowner, or his agent, to perform such duty within the time limited in any notice to such owner, or agent. Cost of control services performed by employees of a pest control district shall constitute a lien against the property and any water right appurtenant thereto at the time of rendition of such service and shall be collectable as any other taxes. Charges for control services performed by a control district shall be determined by the board of county commissioners but in no case shall charges exceed the actual cost of performing such service. Such control district may be established in any precinct in the county.

Before the same shall be established, however, it shall be necessary that a petition be filed with the clerk of the board of commissioners requesting the creation of the same, which petition shall be signed by at least twenty-five (25) qualified electors of each precinct included in the proposed control district.

The commissioners shall order a public hearing on such petition at a time and place to be fixed in such order, of which hearing notice shall be given in such manner as the commissioners may order, which time, however, shall not be less than fourteen (14) days from the giving of the said notice. After such hearing, said board may by order create such control district not less than fourteen (14) days after such hearing, fix its boundaries, provide for a control program in such district and create the necessary machinery to carry out such program unless a petition of protest has been filed with the clerk of the board of commissioners. Said petition of protest shall meet the same requirements as to the number of signers and for the same number of precincts and for the same district boundaries as petitions in favor previously filed and shall be filed with the clerk of the board of commissioners not later than fourteen (14) days following said hearing.

In the event that a petition of protest is filed, the board of commissioners shall not declare the creation of a control district but shall call an election, subject to the provisions of section 34-106, Idaho Code, for the purpose of determining whether or not a control district shall be created. The cost of conducting the election shall be paid from any county fund, the use of which for this purpose is not prohibited by statute. The election shall be conducted in each precinct within the proposed control district according to the provisions of chapter 14, title 34, Idaho Code, and shall require the employment of two (2) election judges and one (1) clerk for each precinct. A qualified elector is any individual who is qualified to vote pursuant to the requirements of section 34-104, Idaho Code.

History:

[(25-2604) 1951, ch. 275, sec. 4, p. 578; am. 1971, ch. 141, sec. 1, p. 594; am. 1974, ch. 299, sec. 1, p. 1760; am. 1982, ch. 254, sec. 3, p. 649; 25-2621 am. and redesignated 25-2604, 1989, ch. 210, sec. 4, p. 515; am. 1995, ch. 118, sec. 14, p. 444.]
Idaho Code § 25-2112 — Idaho Code / Title 25 / Chapter 21 / Section 25-2112
25-2112 RANGING STOCK IN TOWNS UNLAWFUL.
Status: in_force

25-2112. Ranging stock in towns unlawful. It shall be unlawful for any person or persons owning livestock, or the agent or employee of such person or persons, to allow any cattle, horses, sheep or hogs to range or graze within the platted limits of any incorporated town or village of more than five hundred (500) inhabitants, between the first day of September and the first day of April, without a herder.

History:

[(25-2112) 1901, p. 158, sec. 1; reen. R.C. & C.L., sec. 1288; C.S., sec. 1981; I.C.A., sec. 24-1812.]
Idaho Code § 25-403 — Idaho Code / Title 25 / Chapter 4 / Section 25-403
25-403 EXCEPTIONS.
Status: in_force

25-403. Exceptions. No payments shall be made for any cattle, other bovidae, captive cervidae, captive antilocapridae, or camelidae destroyed in the following cases:

a. If the owner does not disinfect the premises, etc., as directed by the state division or federal bureaus.

b. For any animal destroyed where the owner has not complied with all lawful quarantine regulations.

c. Animals reacting to a test not approved by the state division or federal bureaus.

d. Animals belonging to the state of Idaho or the United States government.

e. Animals brought into the state in violation of the state laws and regulations.

f. Animals which the owner, or claimant, knew to be diseased, or had notice thereof, at the time they came into their possession.

g. Animals which had the disease for which they were slaughtered, or which were destroyed by reason of exposure to the disease, at the time of their arrival in the state.

h. Animals which have not been within the state of Idaho for a period of at least one hundred and twenty (120) days prior to the discovery of the disease.

i. Where the owner has failed to submit the necessary reports as required by this act.

History:

[(25-403) 1923, ch. 158, sec. 4, p. 231; I.C.A., sec. 24-404; am. 1974, ch. 18, sec. 134, p. 364; am. 1993, ch. 14, sec. 2, p. 55.]
Idaho Code § 25-129 — Idaho Code / Title 25 / Chapter 1 / Section 25-129
25-129 RULES — EXECUTIVE SECRETARY, VETERINARIAN, INSPECTORS, SALARIES, EXPENSES AND OFFICE.
Status: in_force

25-129. Rules — Executive secretary, veterinarian, inspectors, salaries, expenses and office. (1) The board shall elect one (1) of its members chairman. The said board is empowered to make rules for governing itself and such rules as it may deem necessary for the enforcement of the provisions of this chapter and to enforce all such rules, and shall have exclusive control of all matters pertaining to the sheep industry. It shall be empowered to make and enforce rules for quarantining, or otherwise treating sheep which may be infected, affected or infested with ticks, lice or any other parasites detrimental or injurious to sheep, or any infectious or contagious disease of sheep and for the prevention, control and eradication of infectious or contagious diseases, ticks, lice or other parasites detrimental to sheep. All such rules adopted by said board shall have the same force and effect as law and any person, association, firm or corporation violating such rules shall be deemed guilty of a misdemeanor.

(2) The board is empowered to select an executive secretary who may or may not be a member of the board, and such executive secretary shall have the authority and power to sign any and all lawful claims or vouchers to be made, filed or drawn by or on behalf of the board against the Idaho sheep and goat health account, and for such purposes he shall be regarded as the administrative head of the agency and he shall perform such other and further duties as the board shall direct.

(3) The board is empowered to appoint a veterinarian in charge, who must be duly licensed in the state of Idaho and who is a graduate of a recognized and accredited school of veterinary medicine, whose duties and powers shall be defined and prescribed by said board; which said officer shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The veterinarian in charge shall receive such compensation as may be allowed by said board and actual and necessary expenses incurred in the performance of his duties. The veterinarian in charge shall be at all times subject to the authority of the board and shall have the same powers hereinafter provided for all other inspectors appointed by the board under this chapter. The veterinarian in charge shall have authority and power to sign all lawful claims or vouchers filed or drawn on behalf of the board against the Idaho sheep and goat health account.

(4) The board is hereby empowered to appoint all other inspectors, veterinarians and such other employees and assistants as may be necessary to carry out the duties and powers herein conferred and fix the compensation of all such appointees. All salaries and expenses of every kind incurred in carrying out the provisions of this chapter shall be paid from the Idaho sheep and goat health account.

(5) Inspectors and veterinarians appointed by the Idaho sheep and goat health board shall have the power and duty to assist law enforcement entities in the enforcement of all laws of the state pertaining to the identification, inspection and transportation of sheep and other livestock, and shall have general authority to assist law enforcement entities in the enforcement of theft laws of the state with respect to sheep and other livestock.

History:

[25-129, added 1951, ch. 250, sec. 4, p. 527; am. 1969, ch. 156, sec. 1, p. 484; am. 1971, ch. 136, sec. 13, p. 522; am. 1974, ch. 18, sec. 99, p. 364; am. 1977, ch. 134, sec. 1, p. 289; am. 1985, ch. 63, sec. 4, p. 128; am. 1997, ch. 116, sec. 4, p. 292; am. 2012, ch. 117, sec. 4, p. 322.]
Idaho Code § 25-1109 — Idaho Code / Title 25 / Chapter 11 / Section 25-1109
25-1109 BOARD TO AUDIT CLAIMS AND MAKE ANNUAL REPORT.
Status: in_force

25-1109. Board to audit claims and make annual report. The board shall audit all bills for salaries and expenses incurred by it that may be payable from appropriations made therefore, which claims shall be audited and allowed and paid as other claims against the state. The board shall make an annual report in writing to the governor on or before the first day of December in each year, giving a statement of the transactions of the board and facts relating to the cattle industry in this state.

History:

[(25-1109) 1947, ch. 88, sec. 5, p. 149; am. 1973, ch. 168, sec. 2, p. 339; am. 1977, ch. 183, sec. 2, p. 512; 1988 redesignated 25-1109, ch. 75, sec. 10, p. 117.]
Idaho Code § 25-3301 — Idaho Code / Title 25 / Chapter 33 / Section 25-3301
25-3301 DEFINITIONS.
Status: in_force

25-3301. Definitions. As used in this chapter, the following terms have the following meanings:

(1) "Board" means the state brand board created in chapter 11, title 25, Idaho Code.

(2) "Bond equivalent" means a letter of credit or trust fund agreement that complies with the packers and stockyards act of 1921, as amended, and regulations promulgated thereunder.

(3) "Livestock" means cattle, swine, bison, horses, mules, or asses.

(4) "Livestock dealer" means any person who buys, receives or assembles livestock for his own account for resale within twenty (20) days from the date of purchase, or for the account of another person. This term also includes both a person who pays and a person who does not pay the owner or auction market the full purchase price at the time of taking possession of the livestock.

(5) "Person" means an individual, partnership, corporation, broker, order buyer, video livestock sale or other type of electronic marketing organization, association or other legal entity.

(6) "Representative of a licensee" means any full-time employee, agent or other person who buys, receives, sells, or assembles livestock for resale on behalf of a licensed livestock dealer.

History:

[25-3301, added 1978, ch. 290, sec. 1, p. 710; am. 1990, ch. 182, sec. 1, p. 396; am. 1992, ch. 65, sec. 2, p. 199.]
Idaho Code § 25-3109 — Idaho Code / Title 25 / Chapter 31 / Section 25-3109
25-3109 COMMISSION CHAIRMAN — DIRECTOR.
Status: in_force

25-3109. Commission chairman — director. The commission shall elect a chairman and may employ a director who is not a member of the commission.

History:

[25-3109, added 1969, ch. 140, sec. 9, p. 435; am. 2013, ch. 176, sec. 4, p. 409.]
Idaho Code § 25-1737 — Idaho Code / Title 25 / Chapter 17 / Section 25-1737
25-1737 SANITATION.
Status: in_force

25-1737. Sanitation. Every public livestock market shall be maintained in a sanitary condition conforming to standards established by rules of the director of the department of agriculture.

History:

[25-1737, added 1961, ch. 201, sec. 19, p. 310; am. 1967, ch. 221, sec. 3, p. 667; am. 1974, ch. 18, sec. 159, p. 364.]
Idaho Code § 25-806 — Idaho Code / Title 25 / Chapter 8 / Section 25-806
25-806 APPLICATION FOR LICENSE.
Status: in_force

25-806. Application for license. Application for a license shall be made in writing by the applicant under oath at such time, in such form and accompanied by such proof of applicant's fitness to practice as the division of animal industries of the state of Idaho may from time to time prescribe.

History:

[25-806, added 1945, ch. 180, sec. 6, p. 274; am. 1974, ch. 18, sec. 140, p. 364.]
Idaho Code § 25-1120 — Idaho Code / Title 25 / Chapter 11 / Section 25-1120
25-1120 BRAND INSPECTION.
Status: in_force

25-1120. Brand inspection. (1) The state brand board shall have the authority to require brand inspection of all livestock transferred in any manner, or which shall be placed for sale with or delivered into the custody of the owners or operators of any auction, auction house, sales, ring, or commission house, or to establish proof of ownership at that point in time a living animal becomes carcass meat, it shall require brand inspection not more than ninety-six (96) hours prior to slaughtering whether for commercial purposes or for the owner's immediate family needs, and whether said slaughtering is done by any permanently located firm, association, partnership, company, business or corporation, or if done by a mobile slaughtering service of any nature or type and shall have access to inspect animals utilized by rendering establishments, and to adopt such rules as it may prescribe to accomplish such brand inspection.

A brand inspection certificate signed by the seller is documentary evidence of a transfer of ownership.

(2) The transferor of livestock shall be primarily responsible to obtain a required brand inspection. However, if the seller shall fail, after ten (10) days, to obtain a required brand inspection, the transferee of the livestock shall also be responsible to obtain a brand inspection.

(3) Any person who transfers title to any livestock to another person without first obtaining a brand inspection, and who has not previously violated this section, is guilty of an infraction. Any subsequent violation of this section is a misdemeanor.

History:

[(25-1120) 1947, ch. 88, sec. 8, p. 149; am. 1973, ch. 168, sec. 8, p. 339; am. 1988 & redesignated 25-1120, ch. 75, sec. 12, p. 117; am. 1996, ch. 90, sec. 1, p. 271; am. 1997, ch. 105, sec. 1, p. 247.]
Idaho Code § 25-2308 — Idaho Code / Title 25 / Chapter 23 / Section 25-2308
25-2308 SALE OF UNCLAIMED ANIMALS.
Status: in_force

25-2308. Sale of unclaimed animals. If the owner of stray livestock does not claim the animals before the day of sale or if the owner is unknown or cannot be located, the sheriff or brand inspector shall have the livestock sold pursuant to the notice of sale and shall execute and deliver a brand inspection certificate to the purchaser, stating that the livestock has been sold as estray to the purchaser, which certificate may thereafter be used by the purchaser to show ownership of the livestock sold.

History:

[I.C., sec. 25-2308, as added by 1976, ch. 88, sec. 2, p. 301.]
Idaho Code § 25-1102 — Idaho Code / Title 25 / Chapter 11 / Section 25-1102
25-1102 BOARD CREATED — MEMBERSHIP AND ORGANIZATION.
Status: in_force

25-1102. Board created — Membership and organization. There shall be in the Idaho state police a state brand board and such board is hereby created. The state brand board shall consist of five (5) members, three (3) of whom shall be experienced in, and while serving as a member of such board, continuously and principally, engaged in, the feeding or the production of beef cattle in Idaho and no two (2) of whom shall be from the same county; one (1) of whom shall be experienced in, and while serving as a member of such board, continuously and principally, engaged in, the operation of a licensed public livestock auction market, and one (1) of whom shall be experienced in, and while serving as a member of such board, continuously and principally, engaged as a dairy milk producer. The term of office of each member of said board shall be five (5) years, excepting that of the members of said board first appointed, one (1) shall be appointed to hold office until the first Monday in January, 1975, one (1) until the first Monday of January, 1976, and one (1) until the first Monday of January, 1977, one (1) until the first Monday of January, 1978, and one (1) until the first Monday of January, 1979. Vacancies occurring on the board other than by expiration of the term, shall be filled for the unexpired term only. Each of such members of the board, before entering upon the duties of his office, shall take and subscribe to the constitutional oath of office, and be bonded to the state of Idaho in the time, form and manner provided by chapter 8, title 59, Idaho Code. The members of the board shall be compensated as provided by section 59-509(h), Idaho Code. Said compensation shall be paid in the same manner as other expenses of the state brand board are paid. Each member of said board shall be a qualified elector of the county from which he is chosen and must reside during his term of office, within the state of Idaho. Said board must hold a meeting quarterly and at any other times if so requested by any member of the board. The governor shall appoint the members of such board, both initially and thereafter as vacancies occur therein, from the recommendations of the executive committee or board of directors of the Idaho cattle association, Idaho dairymen's association and licensed public livestock auction markets. Each such recommendation shall be of at least two (2) persons for each appointment to be made by the governor. If no such recommendation is made within thirty (30) days after the occurrence of any vacancy in the membership of such board, then the appointment may be made without such recommendation. If the person or persons recommended are not deemed eligible or fit by the governor, then he shall request two (2) additional names from the respective industry segment. A member of such board shall be ineligible to hold any other state or federal office providing full-time employment, or any county or elective office. After due notice and public hearing, the governor may remove any member for cause.

The board shall elect one (1) of its members chairman, and there shall be a state brand inspector who shall serve as secretary of such board. The board is empowered to make rules for governing itself, and such rules as it may deem necessary for the enforcement of all of the duties of the state brand inspector, the laws of the state of Idaho providing registration and use of stock growers' brands, and the laws of the state of Idaho providing inspection and other requirements for the transportation of livestock, and all laws of the state enacted for the identification, inspection and transportation of livestock, and all laws of the state designed to prevent theft and illegal butchering of livestock.

History:

[(25-1102) 1943, ch. 70, sec. 1, p. 147; am. 1947, ch. 88, sec. 1, p. 149; am. 1969, ch. 5, sec. 1, p. 13; am. 1971, ch. 136, sec. 14, p. 522; am. 1974, ch. 27, sec. 75, p. 811; am. 1974, ch. 185, sec. 1, p. 1489; am. 1977, ch. 183, sec. 1, p. 510; am. 1980, ch. 247, sec. 22, p. 598; am. 1984, ch. 48, sec. 1, p. 89; am. 1988 & redesignated 25-1102, ch. 75, sec. 3, p. 114; am. 1991, ch. 12, sec. 1, p. 28; am. 2000, ch. 469, sec. 75, p. 1522.]
Idaho Code § 25-1105 — Idaho Code / Title 25 / Chapter 11 / Section 25-1105
25-1105 EX OFFICIO BRAND INSPECTORS.
Status: in_force

25-1105. Ex officio brand inspectors. The director of the Idaho state police, every state police officer, port of entry officers, county sheriff and deputy sheriff is hereby made an ex officio brand inspector, and shall have the authority to inspect any livestock described in this chapter that is being transported within the jurisdiction of said officer and to require the person transporting the same to produce satisfactory evidence from him of his right to the possession of such livestock.

History:

[(25-1105) I.C., sec. 25-1407, as added by 1973, ch. 168, sec. 20, p. 339; am. 1974, ch. 27, sec. 76, p. 811; am. 1988 & redesignated 25-1105, ch. 75, sec. 6, p. 116; am. 2000, ch. 469, sec. 76, p. 1523.]
Idaho Code § 25-223 — Idaho Code / Title 25 / Chapter 2 / Section 25-223
25-223 SWINE — PROTECTIVE RULES AND REGULATIONS.
Status: in_force

25-223. Swine — Protective rules and regulations. The division shall be authorized and empowered to make and enforce such rules and regulations as shall be deemed necessary in order to cooperate with the United States department of agriculture/animal and plant health inspection service/veterinary services to prevent the introduction or dissemination of hog cholera, pseudorabies, or other contagious, infectious or communicable disease among swine or other livestock of this state. Swine shall not be imported or brought into this state for any purpose except in accordance with the said rules and regulations. Swine shall not be exhibited at any fair or exhibition, except in accordance with the said rules and regulations. Hog cholera serum or virus shall not be manufactured or sold within this state except in accordance with the said rules and regulations.

History:

[(25-223) 1919, ch. 35, sec. 27, p. 130; C.S., sec. 1869; I.C.A., sec. 24-223; am. 1974, ch. 18, sec. 118, p. 364; am. 1991, ch. 36, sec. 3, p. 73.]
Idaho Code § 25-2302 — Idaho Code / Title 25 / Chapter 23 / Section 25-2302
25-2302 DUTY OF SHERIFF OR BRAND INSPECTOR.
Status: in_force

25-2302. Duty of sheriff or brand inspector. When a sheriff or brand inspector finds stray livestock or stray livestock are reported to him, he shall attempt to locate the owner and to notify the owner where the livestock may be found. If the owner refuses to, or does not take possession of the livestock within three (3) days after being notified of the location of the livestock, or if the owner is unknown or cannot be located, the sheriff or brand inspector shall seize the livestock or have some person hold and care for the livestock on behalf of the sheriff or brand inspector and the sheriff or brand inspector shall proceed to sell the livestock at a local public livestock market as provided for by law to the highest bidder for cash, after giving at least fifteen (15) days public notice of the sale.

History:

[25-2302, added 1976, ch. 88, sec. 2, p. 299; am. 2024, ch. 263, sec. 2, p. 916.]
Idaho Code § 25-131 — Idaho Code / Title 25 / Chapter 1 / Section 25-131
25-131 IDAHO SHEEP AND GOAT HEALTH ACCOUNT — ASSESSMENT — FIRST PURCHASER TO MAKE REPORT — PENALTY FOR FAILURE TO MAKE REPORT — APPROPRIATION.
Status: in_force

25-131. Idaho sheep and goat health account — Assessment — First purchaser to make report — Penalty for failure to make report — Appropriation. (1) In order for the board to carry out the provisions of this chapter, the board shall assess, levy and collect an assessment established by the board, not to exceed twelve cents (12¢) per pound on all wool, in the grease basis, sold through commercial channels, and two cents (2¢) of the assessment shall be considered a wolf control assessment pursuant to section 22-5306, Idaho Code. In the event that a sheep, which produces wool subject to this assessment, shall be located outside the state of Idaho during a part of the assessment year, the amount of the assessment shall be reduced on a pro rata basis. Such assessment shall be levied and assessed to the producer at the time of the first sale of wool and shall be deducted by the first purchaser from the price paid to the producer at the time of such first sale. The assessment provided in this section shall not be levied or collected on any casual sale. In addition to the assessment provisions of this section related to wool, the board may by rule establish an assessment on goats that would assess goats on a per head basis.

(2) The assessment provided by this section shall constitute a lien prior to all other liens and encumbrances upon such wool except liens which are declared prior by operation of a statute of this state.

(3) If the first purchaser lives or has his principal office in another state, the producer shall make the reports and pay the assessments to the board as required under this section unless the first purchaser agrees in writing to make such reports and pay such assessments.

(4) The first purchaser shall specify the amounts of assessments withheld in any written statements made to the producer.

(5) The first purchaser shall make reports to the board on forms prescribed by the board, and no first purchaser shall fail to make such reports or falsify any such reports. The assessment deducted and withheld by a first purchaser, as required in subsection (1) of this section, shall be paid to the board on a quarterly calendar year basis, and shall be due and payable within thirty (30) days after the end of the quarter. All moneys collected by the board under the provisions of this chapter shall be paid to the state treasurer. All moneys received from the assessment pursuant to this section shall be deposited in the state treasury by the state treasurer to the credit of a special account in the state operating fund hereby created to be known as the "Idaho sheep and goat health account."

(6) A first purchaser who delays transmittal of reports and payments of assessments beyond the time stated in subsection (5) of this section shall pay five percent (5%) of the amount due for the first month of delay and one percent (1%) of the amount due for each month of delay thereafter. Such moneys shall be deposited in the Idaho sheep and goat health account.

(7) In addition thereto, the said account shall consist of any appropriations made by the legislature for the use of and expenditure by said board. All fees of every kind collected under the provisions of this chapter, or under any rules and regulations made pursuant to the provisions of this chapter, shall be deposited in the state treasury in the manner hereinabove described. The moneys in said special account are hereby appropriated for the use and expenditure of said board carrying out the provisions of this chapter and the rules and regulations made herein and said account is hereby declared to be a continuing account.

(8) All moneys appropriated to the board for the purposes of sheep disease prevention, abatement, suppression, control or eradication shall be expended by the board only for those purposes, in accordance with the duties specified in section 25-128(1), Idaho Code.

(9) All moneys received by the board from that portion of the special assessment which is made to carry on the work for prevention and control of damage caused by predatory animals and other vertebrate pests shall be expended by the board in the respective districts comprising the counties where the assessment was collected less the actual and necessary administrative costs for carrying out the provisions of this chapter. All moneys received by such account for work for prevention and control of damage caused by predatory animals and other vertebrate pests except as herein otherwise provided shall be expended by the board within the district or districts specified by the party or agency providing such funds and any trust fund must be held inviolate for the purposes of the trust.

(10) The right is reserved to the state of Idaho to audit the funds of the board at any time.

History:

[25-131, added 1951, ch. 250, sec. 6, p. 527; am. 1957, ch. 176, sec. 1, p. 340; am. 1959, ch. 57, sec. 1, p. 124; am. 1967, ch. 38, sec. 1, p. 60; am. 1969, ch. 156, sec. 3, p. 484; am. 1971, ch. 67, sec. 1, p. 153; am. 1977, ch. 136, sec. 1, p. 292; am. 1983, ch. 123, sec. 1, p. 317; am. 1985, ch. 63, sec. 6, p. 130; am. 2012, ch. 117, sec. 6, p. 323; am. 2013, ch. 91, sec. 2, p. 223; am. 2014, ch. 188, sec. 5, p. 504; am. 2018, ch. 82, sec. 1, p. 185; am. 2018, ch. 217, sec. 2, p. 489; am. 2019, ch. 37, sec. 2, p. 103.]
Idaho Code § 25-3808 — Idaho Code / Title 25 / Chapter 38 / Section 25-3808
25-3808 SUBSEQUENT VIOLATIONS — PENALTIES.
Status: in_force

25-3808. Subsequent violations — Penalties. (1) An agricultural operation, after having been determined to have committed a first time violation of the provisions of this chapter, shall be deemed to have committed a subsequent violation if the operation:

(a) Is determined by the department to have committed a subsequent violation within a three (3) year period of time; or

(b) Failed to comply with an odor management plan developed pursuant to section 25-3805, Idaho Code.

(2) An agricultural operation, after having been determined to have committed a first time violation of the provisions of this chapter, may be deemed to have committed a subsequent violation if the director determines that the operation has failed to cooperate by failing to submit an acceptable odor management plan.

(3) Those agricultural operations determined to have committed a subsequent violation of this chapter shall be assessed a civil penalty by the department or its duly authorized agent not to exceed ten thousand dollars ($10,000) for each offense and be liable for reasonable attorney's fees and costs.

(4) Assessment of a civil penalty as provided herein may be made in conjunction with any other department administrative action and shall be based on the severity of the offense and the degree of cooperation with the department.

(5) No civil penalty may be imposed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.

(6) If the department is unable to collect the civil penalty or if any person fails to pay all or a set portion of a civil penalty as determined by the department, the department may recover such amount by action in the appropriate district court.

(7) Any person against whom the department has assessed a civil penalty under this section may, within thirty (30) days of the final action 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.

(8) Moneys collected for violations shall be deposited in the state treasury and credited to the general fund.

(9) The imposition or computation of monetary penalties shall take into account the seriousness of the violation, and such other matters as justice requires. The director shall prepare a written report setting forth the basis upon which any monetary penalty is imposed and/or computed and shall retain the report on file with the department.

History:

[25-3808, added 2001, ch. 383, sec. 1, p. 1343; am. 2002, ch. 261, sec. 4, p. 783.]
Idaho Code § 25-1142 — Idaho Code / Title 25 / Chapter 11 / Section 25-1142
25-1142 SHEEP OWNERS TO USE BRANDS — USE OF EARMARKS — USE OF NOSE BRANDS AND TATTOO BRANDS — UNRECORDED BRANDS.
Status: in_force

25-1142. Sheep owners to use brands — Use of earmarks — Use of nose brands and tattoo brands — Unrecorded brands. Every sheep owner may use one (1), and only one (1), brand for sheep, which brand may be recorded as herein provided. Each such sheep owner, in addition to his brand may record and use for sheep a hot iron brand on the nose or a tattoo brand on either the flank or the ear, or both a hot iron brand on the nose and a tattoo brand on either the flank or the ear. In addition to his recorded brand, hot iron brand on the nose or tattoo brand on either the flank or the ear, he may, for the purpose of distinguishing the sheep of one of his bands from the sheep of the other, use any one or more of the digits except the digit 1 and 0, which herd brand shall not be recorded. Neither of the digits shall be used on sheep except as provided in this section.

History:

[(25-1142) 1905, p. 352, sec. 3; reen. R.C., sec. 1226; am. 1911, ch. 217, sec. 1, p. 696; reen. C.L., sec. 1226; C.S., sec. 1919; I.C.A., sec. 24-1003; am. 1949, ch. 46, sec. 1, p. 81; am. 1973, ch. 168, sec. 11, p. 339; 1988 redesignated 25-1142, ch. 75, sec. 21, p. 122.]
Idaho Code § 25-3404 — Idaho Code / Title 25 / Chapter 34 / Section 25-3404
25-3404 REFERENDUM.
Status: in_force

25-3404. Referendum. (1) The association may conduct among pork producers a referendum upon the question of whether an assessment shall be levied on porcine animals sold in this state.

(2) The association shall determine:

(a) The amount of the proposed assessment.

(b) The time and place of the referendum.

(c) Procedures for conducting the referendum and counting of votes.

(d) Any other matters pertaining to the referendum.

(3) The amount of the proposed assessment shall be stated on the referendum ballot. The amount shall not exceed thirty cents (30¢) for each porcine animal marketed in this state. If the assessment is approved in the referendum, the association may set the assessment at an amount equal to or less than the amount stated on the ballot. If the association sets a lower amount than the amount approved by referendum, it may increase the amount annually without a referendum by no more than two cents (2¢) for each porcine animal. The increased rate may not exceed the amount approved by referendum and may not exceed the maximum allowable rate of thirty cents (30¢) for each porcine animal.

(4) Each producer, whether an individual, a partnership, a corporation, a firm, an agency or other business unit, shall have one (1) vote at such referendum. Any dispute over eligibility to vote or any other matter relating to the referendum shall be determined by the association. The association shall make reasonable efforts to provide pork producers with notice of the referendum and an opportunity to vote.

(5) The association shall be reimbursed for the costs of the referendum by moneys derived from the assessment.

History:

[25-3404, added 1992, ch. 260, sec. 1, p. 753.]
Idaho Code § 25-3510 — Idaho Code / Title 25 / Chapter 35 / Section 25-3510
25-3510 IMPOUNDING WITHOUT FOOD OR WATER.
Status: in_force

25-3510. Impounding without food or water. Any person who impounds, or causes to be impounded in any pound, any animal, must supply the same during such confinement with a sufficient quantity of wholesome food and clean water, and in default thereof, is guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code.

History:

[(25-3510) R.C., sec. 7153e, as added by 1909, p. 175, sec. 2; reen. C.L., sec. 7153e; C.S., sec. 8547; I.C.A., sec. 17-4208; reen. 1972, ch. 336, sec. 1, p. 885; am. and redesig. 1994, ch. 346, sec. 10, p. 1093; am. 1996, ch. 229, sec. 8, p. 747.]
Idaho Code § 25-1148 — Idaho Code / Title 25 / Chapter 11 / Section 25-1148
25-1148 BRAND BOOK.
Status: in_force

25-1148. Brand book. It shall be the duty of the state brand inspector from time to time as it may be necessary, but at least every two (2) years, to cause to be published in book form a list of all brands on record at the time of publication. In the years when the brand book is not issued, the state brand inspector may issue a supplement to the brand book theretofore issued containing the additional brands or changes in ownership of brands between the time of the last publication and the time of issuing such supplement. The brand book shall contain the facsimile of all brands recorded together with the owners' names and post-office addresses. Brand records shall be arranged in convenient form for reference. It shall be the duty of the state brand inspector to furnish free of charge to each sheriff in this state one (1) copy of said brand book and supplement, in whose office it shall be kept open for inspection by all persons. Brand books and supplements may be sold outright or by subscription to the general public at a price to be determined by the state brand inspector which price shall cover the cost of the publications.

History:

[(25-1148) 1905, p. 352, sec. 13; am. R.C., sec. 1233; am. 1911, ch. 217, sec. 7, p. 698; reen. C.L., sec. 1233; am. 1919, ch. 116, sec. 3, p. 403; C.S., sec. 1926; I.C.A., sec. 24-1010; am. 1937, ch. 135, sec. 6, p. 216; am. 1943, ch. 59, sec. 1, p. 126; am. 1949, ch. 160, sec. 4, p. 346; am. 1973, ch. 168, sec. 17, p. 339; am. 1988 & redesignated 25-1148, ch. 75, sec. 27, p. 124.]
Idaho Code § 25-160 — Idaho Code / Title 25 / Chapter 1 / Section 25-160
25-160 REFERENDUM FOR WOOL GROWERS.
Status: in_force

25-160. Referendum for wool growers. Prior to the provisions of this act becoming effective, a referendum shall be held to determine if producers favor the provisions of this act. The question shall be submitted by secret ballot upon which the words "Do you favor a promotion, research, and education program for the Idaho sheep industry that is funded by all producers with no refund provision?" are printed with a square before each of the words "YES" and "NO" with directions to insert an "X" mark in the square before the proposition which the voter favors. If a majority of the producers voting in the referendum or a majority of the production represented by the producers voting in the referendum vote in favor of the question submitted, the provisions of this act shall become effective.

(1) The procedures necessary to initiate a referendum in subsequent years, but not less than five (5) years from the passage of the initial referendum, are as follows:

(a) A referendum shall be held if the Idaho department of agriculture receives a petition requesting such referendum signed by ten percent (10%) or more of sheep producers who have paid an assessment to the Idaho sheep and goat health board in either of the two (2) immediate past calendar years; or

(b) A referendum shall be held if the Idaho department of agriculture receives a written request for such referendum from the Idaho sheep and goat health board.

(2) (a) Any referendum shall be conducted only among sheep producers who paid an assessment to the Idaho sheep and goat health board during one (1) of the two (2) years prior to the referendum.

(b) Any referendum must be supervised by the Idaho department of agriculture.

(c) Any referendum shall be held, and the result determined and declared by the director of the department of agriculture, and recorded in the office of the secretary of state.

(d) Notice of any referendum must be given by the board in a manner determined by it. The ballots must be prepared by the board and forwarded to eligible producers, who shall return them within twenty (20) days after mailing by the board.

(e) The board shall pay the costs of any referendum.

History:

[25-160, added 1998, ch. 205, sec. 4, p. 730; am. 2012, ch. 117, sec. 21, p. 329.]
Idaho Code § 25-4010 — Idaho Code / Title 25 / Chapter 40 / Section 25-4010
25-4010 FEES AND ASSESSMENTS TO BE COLLECTED.
Status: in_force

25-4010. FEES AND ASSESSMENTS TO BE COLLECTED. (1) The department may levy a fee or assessment against the permit holder for the purpose of carrying out the provisions of this chapter and rules promulgated hereunder.

(2) Fees or assessments collected shall be used for costs related to the implementation of the provisions of this chapter.

(3) Fees or assessments shall be levied on a uniform basis in an amount reasonably necessary to cover the cost of the inspection program and the administration of the department of agriculture poultry program. The department shall adjust the fees to be collected under this section as necessary to meet the expenses of the inspections.

(4) The annual fees or assessments shall be based on the square footage of the confinement area. Such fees or assessments may not exceed three cents (3¢) per square foot.

(5) All fees and assessments collected or received by the department under this chapter shall be deposited in the "poultry inspection fund," which fund is hereby created in the state treasury. All moneys coming into the poultry inspection fund are hereby appropriated to the department of agriculture to be used in the inspections required under this chapter.

(6) The fees and assessments accrued in any given year are due and payable no later than January 20 of the following year.

(7) Fees and assessments for new or expanded operations shall be prorated for each month of operation.

History:

[25-4010, added 2011, ch. 227, sec. 1, p. 618.]
Idaho Code § 25-230 — Idaho Code / Title 25 / Chapter 2 / Section 25-230
25-230 PENALTY FOR VIOLATION OF REGULATIONS.
Status: in_force

25-230. Penalty for violation of regulations. Any person, firm or corporation violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not less than $100, nor more than $5000 for each offense.

History:

[(25-230) 1919, ch. 35, sec. 34, p. 132; C.S., sec. 1876; I.C.A., sec. 24-230.]
Idaho Code § 25-802 — Idaho Code / Title 25 / Chapter 8 / Section 25-802
25-802 DEFINITION.
Status: in_force

25-802. Definition. Artificial insemination as used in this act shall for the purposes herein mean the fertilization of or the attempt to fertilize the female domestic animal by placing and implanting by artificial means in the vagina of the female domestic animal the seminal fluid obtained from the male animal.

History:

[25-802, added 1945, ch. 180, sec. 2, p. 274.]
Idaho Code § 25-218 — Idaho Code / Title 25 / Chapter 2 / Section 25-218
25-218 DISEASED ANIMALS — TEMPORARY QUARANTINE — NOTICE.
Status: in_force

25-218. Diseased animals — Temporary quarantine — Notice. The representatives of the department of agriculture or division of animal industries of the state of Idaho, or any inspector or agent of the United States department of agriculture, animal and plant health inspection service, veterinary services shall have authority to quarantine temporarily, where found or in any convenient place nearby, any animals affected or infected with, or exposed to, the contagion or infection of any contagious, infectious or communicable disease. The establishment of any such temporary quarantine except the quarantine of domestic sheep, shall be immediately reported to the state division of animal industries; the temporary quarantine of domestic sheep shall be reported to the Idaho sheep and goat health board; and the state department of agriculture and state division of animal industries are hereby authorized and empowered to prescribe and enforce such rules and regulations as may be deemed necessary for the movement within the state, and the handling, method of treatment and disposition of such animals except domestic sheep, so temporarily quarantined. Such rules and regulations so made shall have the same effect as if contained in this act. Written notice of such quarantine shall be given to the owner or custodian of the quarantined animals, and it shall be unlawful to move, treat, test, dip or dispose of such animals except in accordance with said rules and regulations of said department and division.

History:

[(25-218) 1921, ch. 35, sec. 2, p. 45; I.C.A., sec. 24-218; am. 1974, ch. 18, sec. 114, p. 364; am. 1993, ch. 16, sec. 14, p. 64; am. 2012, ch. 117, sec. 23, p. 330.]
Idaho Code § 25-3401 — Idaho Code / Title 25 / Chapter 34 / Section 25-3401
25-3401 SHORT TITLE.
Status: in_force

25-3401. Short title. This chapter shall be known as the "Pork Promotion Assessment Act."

History:

[25-3401, added 1992, ch. 260, sec. 1, p. 753.]
Idaho Code § 25-1150 — Idaho Code / Title 25 / Chapter 11 / Section 25-1150
25-1150 BRAND RECORDINGS OPEN TO PUBLIC — EVIDENCE.
Status: in_force

25-1150. Brand recordings open to public — Evidence. The brand recordings kept by the state brand inspector shall be open to the inspection of the public and shall be prima facie evidence of the facts recited therein in any of the courts of this state.

History:

[(25-1150) 1905, p. 369, sec. 6; reen. R.C., sec. 1252; am. 1917, ch. 101, sec. 6, p. 377; reen. C.L., sec. 1252; C.S., sec. 1944; I.C.A., sec. 24-1206; 1988 redesignated 25-1150, ch. 75, sec. 29, p. 125; am. 1996, ch. 90, sec. 3, p. 272.]
Idaho Code § 25-3702 — Idaho Code / Title 25 / Chapter 37 / Section 25-3702
25-3702 TRANSFER OF FUNCTIONS FROM FISH AND GAME COMMISSION TO DEPARTMENT OF AGRICULTURE.
Status: in_force

25-3702. Transfer of functions from fish and game commission to department of agriculture. All the functions of the fish and game commission and the department of fish and game, which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestic cervidae, or the products thereof, are hereby transferred to and vested in the department of agriculture and the administrator of the division of animal industries; provided, that this act shall not limit or affect the powers or duties of the department of fish and game relating to nondomestic cervidae or the management and taking thereof, and provided further that the department of agriculture shall address the reasonable concerns of the department of fish and game respecting the domestic farming of cervidae as provided in section 36-106(e)(9), Idaho Code.

History:

[(25-3702) 25-3502, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2005, ch. 25, sec. 32, p. 96.]
Idaho Code § 25-3116 — Idaho Code / Title 25 / Chapter 31 / Section 25-3116
25-3116 LIMIT ON STATE LIABILITY.
Status: in_force

25-3116. limit on state liability. All contractual expenses incurred by the commission in performing its duties and exercising its powers shall be without liability on the part of the state. All tort obligations arising out of acts and omissions of the commission are binding on the state of Idaho as, and to the extent, provided for in chapter 9, title 6, Idaho Code.

History:

[25-3116, added 1969, ch. 140, sec. 16, p. 435; am. 2013, ch. 176, sec. 9, p. 410.]
Idaho Code § 25-813 — Idaho Code / Title 25 / Chapter 8 / Section 25-813
25-813 UNLAWFUL PRACTICE A MISDEMEANOR.
Status: in_force

25-813. Unlawful practice a misdemeanor. Any person who practices or attempts to practice artificial insemination, who publicly advertises for the purpose of practicing artificial insemination, or who uses any word or designation, title, or abbreviation calculated to induce belief that he is qualified to practice artificial insemination, without a license as provided in this act, is guilty of a misdemeanor.

History:

[25-813, added 1945, ch. 180, sec. 13, p. 274.]
Idaho Code § 25-3511 — Idaho Code / Title 25 / Chapter 35 / Section 25-3511
25-3511 PERMITTING ANIMALS TO GO WITHOUT CARE — ABANDONED ANIMALS TO BE HUMANELY DESTROYED.
Status: in_force

25-3511. Permitting animals to go without care — Abandoned animals to be humanely destroyed. Every owner, custodian or possessor of any animal, who shall permit the same to be in any building, enclosure, lane, street, square or lot of any city, county or precinct, without proper care and attention, as determined by an Idaho licensed veterinarian, or a representative of the division, shall, on conviction, be deemed guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code. It shall be the duty of any law enforcement officer or animal care and control officer, subject to the restrictions of section 25-3501A, Idaho Code, to take possession of the animal so abandoned or neglected, and care for the same until final disposition of such animal is determined in accordance with section 25-3520A or 25-3520B, Idaho Code. Every sick, disabled, infirm or crippled animal which shall be abandoned in any city, county or precinct, may if after due search no owner can be found therefor, be humanely destroyed, or other provision made for the animal by or on the order of such officer; and it shall be the duty of all law enforcement officers or animal care and control officers, to cause the same to be humanely destroyed, or other provision made therefor, on information of such abandonment. Subject to the restrictions of section 25-3501A, Idaho Code, such officer may likewise take charge of any animal that by reason of lameness, sickness, feebleness or neglect, is unfit for the activity it is performing, or that in any other manner is being cruelly treated; and, if such animal is not then in custody of its owner, such officer shall give notice thereof to such owner, if known, and may provide suitable care for such animal until final disposition of such animal is determined in accordance with section 25-3520A or 25-3520B, Idaho Code. If, in accordance with this section, a responsible owner cannot be found, the animal may be offered for adoption to a responsible person in lieu of destruction.

History:

[(25-3511) R.C., sec. 7153f, as added by 1909, p. 175, sec. 2; reen. C.L., sec. 7153f; C.S., sec. 8548; I.C.A., sec. 17-4209; reen. 1972, ch. 336, sec. 1, p. 885; am. 1994, ch. 131, sec. 9, p. 299; am. and redesig. 1994, ch. 346, sec. 11, p. 1093; am. 1996, ch. 229, sec. 9, p. 747; am. 2006, ch. 170, sec. 6, p. 526.]
Idaho Code § 25-3705 — Idaho Code / Title 25 / Chapter 37 / Section 25-3705
25-3705 INSPECTION OF CERVIDAE FARMS — RANCHES.
Status: in_force

25-3705. Inspection of cervidae farms — ranches. The division of animal industries and any of its officers shall have the right, at any reasonable time, to inspect any domestic cervidae farm or ranch, and may go upon such farms or ranches or any part thereof where such animals are contained to inspect and examine the same and any animals therein. Inventory and facility inspection of farms and ranches shall take place at least every five (5) years. Inspections may take place at more frequent intervals if requested by a cervidae producer. Cervidae facilities participating in the national CWD herd certification program shall be inspected pursuant to current federal rules.

History:

[(25-3705) 25-3505, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2005, ch. 25, sec. 34, p. 96; am. 2014, ch. 39, sec. 2, p. 91.]
Idaho Code § 25-2203 — Idaho Code / Title 25 / Chapter 22 / Section 25-2203
25-2203 APPOINTMENT OF VIEWERS.
Status: in_force

25-2203. Appointment of viewers. Within two (2) days after taking up the livestock the person claiming the lien shall appoint one (1) viewer. The owner of the livestock, if known, or if the owner is unknown or cannot be found, or refuses to make such appointment within three (3) days after the livestock have been taken up, then the sheriff, shall appoint another viewer. These two (2) viewers shall appoint a third viewer. If within two (2) days after their appointment the first two (2) viewers cannot agree upon a third viewer, the state brand inspector shall appoint the third viewer.

History:

[25-2203, added 1978, ch. 168, sec. 2, p. 367.]
Idaho Code § 25-4005 — Idaho Code / Title 25 / Chapter 40 / Section 25-4005
25-4005 EXISTING FACILITIES.
Status: in_force

25-4005. EXISTING FACILITIES. (1) Existing large and medium poultry CAFO owners shall register with the department no later than January 1, 2012, upon forms created by the department. None of the provisions in this section shall be construed to deny an existing operation the opportunity to apply for and receive a permit under this chapter.

(2) Existing large and medium poultry CAFOs shall submit a nutrient management plan to the director for approval within one (1) year of the effective date of this chapter. An application fee shall not be required unless the CAFO is expanding.

(3) The owner of an existing poultry operation shall not increase the one-time animal capacity of the operation by ten percent (10%) or more without first obtaining a permit for the expansion as required by the provisions of this chapter. The ten percent (10%) increase is measured cumulatively from the original effective date of this chapter or the date the owner first obtained a permit.

History:

[25-4005, added 2011, ch. 227, sec. 1, p. 617.]
Idaho Code § 25-2404 — Idaho Code / Title 25 / Chapter 24 / Section 25-2404
25-2404 ORDER CREATING DISTRICT.
Status: in_force

25-2404. Order creating district. At such hearing, if satisfied that a majority of the landowners owning more than fifty percent (50%) of the land in said proposed herd district who are resident in, and qualified electors of, the state of Idaho are in favor of the enforcement of the herd law therein, and that it would be beneficial to such district, the board of commissioners shall make an order creating such herd district, in accordance with the prayer of the petition, or with such modifications as it may choose to make. Such order shall specify a certain time at which it shall take effect, which time shall be at least thirty (30) days after the making of said order; and said order shall continue in force, according to the terms thereof, until the same shall be vacated or modified by the board of commissioners, upon the petition of a majority of the landowners owning more than fifty percent (50%) of the land in said district who are resident in, and qualified electors of, the state of Idaho.

History:

[(25-2404) 1907, p. 126, sec. 4; reen. R.C. & C.L., sec. 1305; C.S., sec. 2014; I.C.A., sec. 24-2104; am. 1947, ch. 75, sec. 2, p. 120; am. 1953, ch. 118, sec. 2, p. 172.]
Idaho Code § 25-3603 — Idaho Code / Title 25 / Chapter 36 / Section 25-3603
25-3603 APPLICATION OF LAWS RELATING TO LIVESTOCK AND DOMESTIC ANIMALS.
Status: in_force

25-3603. Application of laws relating to livestock and domestic animals. All of the provisions of chapter 2, title 25, Idaho Code, applicable to livestock and domestic animals, except those provisions which by their terms are restricted to swine, bovine animals, dairy or breeding cattle, or range cattle, or other particular kind or kinds of livestock and domestic animals to the exclusion of livestock or domestic animals generally, are applicable to domestic ratite animals.

History:

[(25-3603) 25-3503, added 1994, ch. 72, sec. 1, p. 150; am. and redesig. 2005, ch. 25, sec. 26, p. 94.]
Idaho Code § 25-3309 — Idaho Code / Title 25 / Chapter 33 / Section 25-3309
25-3309 PENALTY.
Status: in_force

25-3309. Penalty. To operate as a livestock dealer without a valid license, or otherwise violate the provisions of this chapter, shall be a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).

History:

[25-3309, added 1978, ch. 290, sec. 1, p. 711; am. 1990, ch. 182, sec. 9, p. 398.]
Idaho Code § 25-1003 — Idaho Code / Title 25 / Chapter 10 / Section 25-1003
25-1003 FORFEITURE OF FEES.
Status: in_force

25-1003. Forfeiture of fees. Any stock rancher using any animal placed in his charge, by riding or working the same in any manner whatever, unless there is an express contract between himself and the owner thereof allowing such animal to be used, forfeits all claims or demands for ranch fees on such animal; and he is liable for any damages or injury to such animal by reason of such use.

History:

[(25-1003) 1872, p. 58, sec. 3; am. R.S., sec. 1232; reen. R.C. & C.L., sec. 1223; C.S., sec. 1916; I.C.A., sec. 24-903.]
Idaho Code § 25-132 — Idaho Code / Title 25 / Chapter 1 / Section 25-132
25-132 POWERS OF BOARD TO COLLECT AND CANCEL ASSESSMENT.
Status: in_force

25-132. Powers of board to collect and cancel assessment. The board shall have the power to prosecute in the name of the state of Idaho any suit or action for collection of the assessment provided for in section 25-131, Idaho Code. The board by order may cancel an assessment which has been delinquent for five (5) years or more, if it determines that: (1) The amount of the assessment is less than one dollar ($1.00) and that further collection effort or expense does not justify the collection thereof, or (2) the assessment is wholly uncollectible.

History:

[I.C., sec. 25-132, as added by 1969, ch. 156, sec. 5, p. 484; am. 1983, ch. 123, sec. 2, p. 319.]
Idaho Code § 25-3117 — Idaho Code / Title 25 / Chapter 31 / Section 25-3117
25-3117 TAX LEVY.
Status: in_force

25-3117. Tax levy. (1) From and after the 1st day of July, 1988, there is hereby levied and imposed a tax of not to exceed one percent (1%) of the gross dollar daily or monthly settlements for the sale of all milk and cream produced in the state of Idaho and sold or contracted through commercial channels, which tax shall be due on or before the time when such milk or cream is first sold or contracted in the commercial channels and shall be paid at such time or times as the commission may, by rule or regulation, prescribe, as hereinafter provided, but not later than the 25th day of the month next succeeding the month in which milk or cream is sold or contracted in commercial channels. The tax provided in this section shall be levied and imposed at a rate of not more than one percent (1%) as the commission, by a vote of two-thirds (2/3) of its members, establishes.

(2) The tax shall be levied and assessed to the producer at the time of delivery for sale if sold by a producer, and shall be collected by the first purchaser and/or producer-handler and deducted from the amount due the producer, and all money so collected shall be made payable to the Idaho dairy products commission on or before the 25th day of the succeeding month. All such payments shall be sent directly to the commission for deposit. If a purchaser and/or producer-handler fails to remit any money so collected or fails to make deductions for assessments, a penalty of ten percent (10%) shall be added to the amount of any assessments which are unpaid when due under the terms of this chapter.

(3) The tax constitutes a lien prior to all other liens and encumbrances upon such milk or cream except liens which are declared prior by operation of a statute of this state.

History:

[25-3117, added 1969, ch. 140, sec. 17, p. 435; am. 1979, ch. 184, sec. 1, p. 538; am. 1984, ch. 20, sec. 1, p. 23; am. 1988, ch. 185, sec. 1, p. 324; am. 1988, ch. 193, sec. 3, p. 349.]
Idaho Code § 25-2609 — Idaho Code / Title 25 / Chapter 26 / Section 25-2609
25-2609 POISONED BAITS.
Status: in_force

25-2609. Poisoned baits. All poisons, poisoned baits prepared and distributed under authority of the board of county commissioners shall be placed in containers plainly labeled to show the character and purpose of the contents thereof.

History:

[(25-2609) 1951, ch. 275, sec. 9, p. 578; 25-2626 redesignated 25-2609, 1989, ch. 210, sec. 9, p. 518.]
Idaho Code § 25-3707 — Idaho Code / Title 25 / Chapter 37 / Section 25-3707
25-3707 PROPERTY RIGHTS IN DOMESTIC CERVIDAE.
Status: in_force

25-3707. Property rights in domestic cervidae. Domestic cervidae shall be, together with their offspring and increases the subject of ownership, lien and absolute property rights, (the same as purely domestic animals) in whatever situation, location, or condition such animals may thereafter become, or be, and regardless of their remaining in, or escaping from such restraint or captivity.

History:

[(25-3707) 25-3507, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2005, ch. 25, sec. 35, p. 96.]
Idaho Code § 25-2501 — Idaho Code / Title 25 / Chapter 25 / Section 25-2501
25-2501 BOARD CREATED.
Status: in_force

25-2501. Board created. (1) There is hereby created in the department of self-governing agencies the Idaho horse board. The board shall be composed of seven (7) members, each of whom shall be appointed by the governor from a list of nominees recommended by the Idaho horse council. The horse council shall recommend at least four (4) names for each appointment, and the governor shall appoint from the nominees recommended. The membership of the board shall consist at all times of members representing the following interests:

(a) Two (2) members shall at all times be representative of horse racing interests;

(b) One (1) member shall at all times be representative of trail pleasure riding interests and one (1) member shall at all times be representative of general horse interests;

(c) Two (2) members shall at all times be representative of show interests; and

(d) One (1) member shall at all times be representative of breeding interests.

(2) Each member of the board shall be a citizen of the United States and a bona fide resident of this state, and a member of the Idaho horse council. During a term of office, a member must continue to possess all of the qualifications necessary for appointment. Failure to maintain such qualifications shall be cause for removal from office. The governor may remove any board member at will.

(3) On July 1, 1987, the governor shall appoint three (3) members, each for a term of one (1) year; two (2) members, each for a term of two (2) years; and two (2) members each for a term of three (3) years. Thereafter, the term of office shall be three (3) years.

(4) Vacancies in any unexpired term shall be filled by appointment by the governor for the remainder of the unexpired term. The member appointed to fill a vacancy shall represent the same interest as the member whose office has become vacant from a list of four (4) nominees submitted by the Idaho horse council.

History:

[25-2501, added 1987, ch. 214, sec. 1, p. 457.]
Idaho Code § 25-3905 — Idaho Code / Title 25 / Chapter 39 / Section 25-3905
25-3905 VIOLATIONS — CIVIL — CRIMINAL — PENALTIES FOR VIOLATIONS.
Status: in_force

25-3905. Violations — Civil — Criminal — Penalties for violations. (1) Failure to comply with the provisions of this chapter, or the rules promulgated hereunder, shall constitute a violation. Civil penalties may be assessed against a violator as follows:

(a) A civil penalty as assessed by the department of agriculture or its duly authorized agent not to exceed five thousand dollars ($5,000) for each offense;

(b) Assessment of a civil penalty may be made in conjunction with any other department administrative action.

(2) No civil penalty may be assessed against a person unless the person was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.

(3) If the department is unable to collect an assessed civil penalty, or if a person fails to pay all or a set portion of an assessed civil penalty as determined by the department, the department may file an action to recover the civil penalty in the district court of the county in which the violation is alleged to have occurred. In addition to the assessed penalty, the department shall be entitled to recover reasonable attorney's fees and costs incurred in such action or on appeal from such action.

(4) A person against whom the department has assessed a civil penalty under this section may, within thirty (30) days of the final agency action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged to have occurred.

(5) Moneys collected pursuant to this section shall be deposited in the state treasury and credited to the livestock disease control and T.B. indemnity fund.

(6) The imposition or computation of monetary penalties shall take into account the seriousness of the violation, good faith efforts to comply with the law, the economic impact of the penalty on the violator and such other matters as justice requires.

(7) Nothing in this chapter shall be construed as requiring the director of the department of agriculture to report minor violations when the director believes that the public interest will be best served by suitable warnings or other administrative action.

(8) Any person, firm or corporation violating any of the provisions of this chapter, or rules promulgated hereunder by the division of animal industries shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense.

History:

[25-3905, added 2003, ch. 105, sec. 1, p. 332.]
Idaho Code § 25-3504A — Idaho Code / Title 25 / Chapter 35 / Section 25-3504A
25-3504A TORTURING COMPANION ANIMALS.
Status: in_force

25-3504A. torturing companion animals. (1) A person is guilty of the offense of torturing a companion animal if he tortures a companion animal as defined in this chapter.

(2) A person convicted of torturing a companion animal shall be guilty of a misdemeanor, if it is the person's first conviction under this section, and shall be punished according to section 25-3520A(1) or (2), Idaho Code.

(3) A person convicted of a subsequent violation of torturing a companion animal shall be guilty of a felony and shall be punished under the provisions of section 25-3520A(3)(b), Idaho Code.

(4) Notwithstanding subsection (2) of this section, a person convicted of torturing a companion animal for the first time, but who, within ten (10) years prior to the conviction, also has been convicted of a felony offense involving the voluntary infliction of bodily injury upon any human shall be guilty of a felony and shall be punished according to the provisions of section 25-3520A(3)(b), Idaho Code.

(5) Before sentencing an individual convicted of a violation of this section, the court shall order and consider a presentence investigation that shall include a psychological evaluation of the defendant.

History:

[25-3504A, added 2016, ch. 190, sec. 2, p. 524.]
Idaho Code § 25-3106 — Idaho Code / Title 25 / Chapter 31 / Section 25-3106
25-3106 PRODUCER MEMBERS — TERM OF OFFICE — APPOINTMENTS.
Status: in_force

25-3106. Producer members — Term of office — Appointments. The regular term of office of each producer member shall be three (3) years. The first commission members shall be appointed by the governor, and their terms shall terminate as follows:

(1) District I, IV & VII on July 1, 1970;

(2) District II, V & VIII on July 1, 1971;

(3) District III, VI & IX on July 1, 1972.

All other commission members shall be elected as provided in section 25-3107 and their respective terms shall end on July first of each third year thereafter.

Any vacancies that occur on the commission shall be filled by appointment by the other members of the commission, and such appointee shall hold office for the remainder of the term for which he is appointed.

History:

[25-3106, added 1969, ch. 140, sec. 6, p. 435.]
Idaho Code § 25-1143 — Idaho Code / Title 25 / Chapter 11 / Section 25-1143
25-1143 BRANDS TO BE RECORDED.
Status: in_force

25-1143. Brands to be recorded. All brands shall be recorded with the state brand inspector. Upon recording pursuant to this section, a recorded brand shall be prima facie evidence of ownership of livestock, and that such owner is entitled to possession of said livestock. Proof of recorded brand shall be by original certificate issued to said owner by the state brand inspector, or a certified copy of the recorded brand issued by the state brand inspector. Parol evidence shall be inadmissible to prove the ownership of any recorded brand.

History:

[(25-1143) 1905, p. 352, sec. 5, and parts of secs. 6, 7; compiled and reen. R.C., sec. 1228; am. 1911, ch. 217, sec. 2, p. 696; am. 1913, ch. 171, p. 543; reen. C.L., sec. 1228; C.S., sec. 1920; I.C.A., sec. 24-1004; am. 1973, ch. 168, sec. 12, p. 339; 1988 redesignated 25-1143, ch. 75, sec. 22, p. 122.]
Idaho Code § 25-2702 — Idaho Code / Title 25 / Chapter 27 / Section 25-2702
25-2702 ENFORCING OFFICIAL.
Status: in_force

25-2702. Enforcing official. This chapter shall be administered by the director of the department of agriculture of the state of Idaho, hereinafter referred to as the "director."

History:

[(25-2702) 25-2716, added 1953, ch. 243, sec. 2, p. 366; am. 1974, ch. 18, sec. 160, p. 364; am. and redesig. 2006, ch. 57, sec. 2, p. 168.]
Idaho Code § 25-1905 — Idaho Code / Title 25 / Chapter 19 / Section 25-1905
25-1905 REMOVAL OF HIDES FROM CARCASSES.
Status: in_force

25-1905. Removal of hides from carcasses. Any person other than the owner, his servant or agent who skins or removes from the carcass, the skin, hide, or pelt of any neat cattle or sheep found dead or perished, is guilty of a misdemeanor.

History:

[(25-1905) 1883, p. 126, sec. 1; R.S., R.C., & C.L., sec. 6870; C.S., sec. 8331; I.C.A., sec. 24-1605.]
Idaho Code § 25-2508 — Idaho Code / Title 25 / Chapter 25 / Section 25-2508
25-2508 ASSESSMENT LIENS.
Status: in_force

25-2508. Assessment liens. All assessments which become due and owing under the provisions of this chapter constitute a lien upon the horses inspected which shall be prior to all liens except those having a priority under state law.

History:

[25-2508, added 1987, ch. 214, sec. 1, p. 460.]
Idaho Code § 25-2507 — Idaho Code / Title 25 / Chapter 25 / Section 25-2507
25-2507 BONDING — RECORDS — AUDITS.
Status: in_force

25-2507. Bonding — Records — Audits. The person or persons who receive and disburse the moneys of the board shall be bonded by and in an amount to be determined by the board.

Accurate records of all receipts and disbursements shall be kept and audited by the legislative council, whose report shall be filed in the board office and made available upon request to any person.

History:

[25-2507, added 1987, ch. 214, sec. 1, p. 460; am. 1993, ch. 327, sec. 12, p. 1203.]
Idaho Code § 25-2712 — Idaho Code / Title 25 / Chapter 27 / Section 25-2712
25-2712 PROHIBITED ACTS.
Status: in_force

25-2712. Prohibited acts. Acts including, but not limited to, the following acts and the causing thereof within the state of Idaho are hereby prohibited:

(1) The manufacture or distribution of any commercial feed that is adulterated or misbranded.

(2) The adulteration or misbranding of any commercial feed.

(3) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls which are adulterated within the meaning of section 25-2707, Idaho Code.

(4) The failure or refusal to register products in accordance with the provisions of section 25-2704, Idaho Code.

(5) The failure to label products in accordance with the provisions of section 25-2705, Idaho Code.

(6) The failure to pay inspection fees and file reports as required by section 25-2706, Idaho Code.

(7) The reuse of bags or totes used for commercial feeds, including customer formula feeds, that are not appropriately cleaned. A person that intends to reuse bags or totes must document their cleanout procedures.

(8) The removal or disposal of a commercial feed in violation of an order under section 25-2711, Idaho Code.

History:

[25-2712, added 2006, ch. 57, sec. 12, p. 179.]
Idaho Code § 25-2812 — Idaho Code / Title 25 / Chapter 28 / Section 25-2812
25-2812 LOCAL REGULATION.
Status: in_force

25-2812. local regulation. The provisions of this act shall establish as state law minimum standards and requirements for the control of dogs that may threaten the public with injury and to provide for certain state crimes for violations of such minimum standards and requirements. Provided however, this act shall not supersede or invalidate existing ordinances of local governments or prohibit local governments from adopting and enforcing more restrictive definitions of a dangerous or vicious dog, as long as the local government's definition of a dangerous or vicious dog allows for acts of justified provocation as described in section 25-2810(5), Idaho Code.

History:

[25-2812, added 2016, ch. 285, sec. 6, p. 789; am. 2019, ch. 300, sec. 3, p. 893.]
Idaho Code § 25-143 — Idaho Code / Title 25 / Chapter 1 / Section 25-143
25-143 TRANSPORTATION OF SHEEP FROM QUARANTINED AREA.
Status: in_force

25-143. Transportation of sheep from quarantined area. It shall be unlawful for any transportation company or operator of any motor truck to receive for transportation or transport from the quarantined area of this state into or through an unquarantined area of this state or receive for transportation or transport within the quarantined area of this state any sheep, or as a connecting carrier knowingly receive without the quarantined area, sheep from the quarantined area, and transport the same within the state, except as hereinafter provided; nor shall any person, company or corporation deliver for such transportation to any transportation company, or operator of any motor truck, any sheep from the quarantined area, except as hereinafter provided; nor shall any person, company or corporation drive on foot or cause to be driven on foot or transport in private conveyances or otherwise move within the quarantined area, any sheep except as hereinafter provided; and the board shall make and promulgate rules which shall permit and govern the inspection, treatment, certification, handling and method and manner of delivery and shipment or other movement of sheep from a quarantined area of this state, or the shipment or other movement of sheep within a quarantined area of this state.

History:

[25-143, added 1951, ch. 250, sec. 18, p. 527; am. 1997, ch. 116, sec. 9, p. 296; am. 2012, ch. 117, sec. 11, p. 326.]
Idaho Code § 25-1108 — Idaho Code / Title 25 / Chapter 11 / Section 25-1108
25-1108 OFFICE OF BOARD.
Status: in_force

25-1108. Office of board. The board shall maintain offices in the state of Idaho at such places as determined by the board.

History:

[(25-1108) 1947, ch. 88, sec. 4, p. 149; am. 1949, ch. 91, sec. 1, p. 161; am. 1973, ch. 168, sec. 1, p. 339; 1988 redesignated 25-1108, ch. 75, sec. 9, p. 117.]
Idaho Code § 25-1103 — Idaho Code / Title 25 / Chapter 11 / Section 25-1103
25-1103 STATE BRAND INSPECTOR — APPOINTMENT, SALARY, BOND.
Status: in_force

25-1103. State brand inspector — Appointment, salary, bond. The state board shall appoint the state brand inspector who shall be a nonclassified state employee and who shall serve at the pleasure of such board and the salary of such officer shall be fixed by such board within the limits of any appropriation available therefor.

The state brand inspector shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.

The state brand inspector and personnel of the state brand inspector's office shall be employed by the Idaho state police to serve under the direction of the state board in carrying out the duties and responsibilities of the state board.

The state brand inspector shall have supervision over the employees and other persons necessary in carrying out the functions of the state board.

For administrative purposes, the state brand inspector and personnel of the state brand inspector's office shall be governed by the policies and rules of the state of Idaho and the Idaho state police concerning personnel disciplinary matters.

History:

[(25-1103) 25-1102, 1943, ch. 70, sec. 2, p. 147; am. 1947, ch. 88, sec. 2, p. 149; am. 1971, ch. 136, sec. 15, p. 522; am. & redesig. 1988, ch. 75, sec. 4, p. 115; am. 2012, ch. 27, sec. 1, p. 84.]
Idaho Code § 25-3514B — Idaho Code / Title 25 / Chapter 35 / Section 25-3514B
25-3514B PROTECTION OF WORKING ANIMALS.
Status: in_force

25-3514B. protection of working animals. (1) The right to utilize working animals for the mutual benefit and welfare of working animals and the person or enterprise that the working animals serve shall be guaranteed. No county, municipality, state agency, or political subdivision shall enact or enforce any ordinance, regulation, or rule that is more restrictive than state law or that terminates, bans, effectively bans, or creates undue financial hardship for, on-the-job use of working animals or a working animal enterprise.

(2) For purposes of this section, "working animal" means any animal used for the purpose of performing a specific duty or function in commerce or service. Such term includes animals involved in hunting, entertainment, equine riding and carriage driving, transportation, education, exhibition, agritourism, ranching, livestock guardianship or herding, farming, logging, or other service or activity that has traditionally involved the utilization of working animals.

(3) This section shall not:

(a) Apply to cockfighting or dogfighting as provided for in sections 25-3506 and 25-3507, Idaho Code; or

(b) Prevent the enactment and enforcement of:

(i) A zoning ordinance properly adopted pursuant to chapter 65, title 67, Idaho Code;

(ii) An animal care law or regulation adopted pursuant to this chapter; or

(iii) An ordinance concerning public health or public safety properly adopted pursuant to Idaho Code.

History:

[25-3514B, added 2026, ch. 105, sec. 1, p. 550.]
Idaho Code § 25-3704 — Idaho Code / Title 25 / Chapter 37 / Section 25-3704
25-3704 RULES FOR REGISTERING PREMISES AND DISEASE PREVENTION.
Status: in_force

25-3704. Rules for registering premises and disease prevention. The administrator of the division of animal industries is hereby authorized and empowered to make, promulgate, and enforce general and reasonable rules not inconsistent with law, for the registration of domestic cervidae farm or ranch premises, and for the prevention of the introduction or dissemination of diseases among domestic cervidae of this state, and to otherwise effectuate enforcement of the provisions of chapters 2, 3, 4, 6 and 37, title 25, Idaho Code, applicable to domestic cervidae.

History:

[(25-3704) 25-3504, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2004, ch. 182, sec. 4, p. 570.]
Idaho Code § 25-3007 — Idaho Code / Title 25 / Chapter 30 / Section 25-3007
25-3007 PROPERTY RIGHTS IN FUR-BEARING ANIMALS.
Status: in_force

25-3007. Property rights in fur-bearing animals. Domestic fur-bearing animals shall be, together with their offspring and increases the subject of ownership, lien and absolute property rights, (the same as purely domestic animals) in whatever situation, location, or condition such animals may thereafter become, or be, and regardless of their remaining in, or escaping from such restraint or captivity.

History:

[25-3007, added 1961, ch. 152, sec. 7, p. 218.]
Idaho Code § 25-155 — Idaho Code / Title 25 / Chapter 1 / Section 25-155
25-155 DUTIES AND POWERS OF THE BOARD PERTAINING TO PROMOTION, RESEARCH AND EDUCATION POLICY.
Status: in_force

25-155. Duties and powers of the board pertaining to promotion, research and education policy. (1) The board may contract with the Idaho wool growers association, inc., or a similar agency for the administration of the Idaho sheep and goat health board's business pertaining to the promotion, research and education policy.

(2) In the administration of sections 25-153 through 25-160, Idaho Code, the board shall, in conjunction with the Idaho wool growers association, inc., have the following duties, authorities and powers:

(a) To conduct a campaign of research, education and publicity;

(b) To find new markets for sheep, lamb and wool products;

(c) To give, publicize and promulgate reliable information showing the value of sheep, lamb and wool products for any purpose for which it is found useful and profitable;

(d) To make public and encourage the widespread national and international use of sheep, lamb and wool products produced in Idaho;

(e) To investigate and participate in studies of the problems peculiar to the producers of sheep, lamb and wool in Idaho.

(3) The board shall have the duty, power and authority:

(a) To take such action as the board deems necessary or advisable in order to stabilize and protect the sheep, lamb and wool industry of the state and the health and welfare of the public;

(b) To sue and be sued;

(c) To enter into such contracts as may be necessary or advisable;

(d) To appoint and employ officers, agents and other personnel, including experts in agriculture and the publicizing of the products thereof, and to prescribe their duties and fix their compensation;

(e) To make use of such advertising means and methods as the board deems advisable and to enter into contracts and agreements for research and advertising within and without the state;

(f) To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities similar to the work and activities of the board, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity and reciprocal enforcement;

(g) To lease, purchase or own the real or personal property deemed necessary in the administration of the provisions of this act;

(h) To prosecute in the name of the state of Idaho any suit or action for collection of the tax or assessment provided for in the provisions of this act;

(i) To adopt, rescind, modify and amend all necessary and proper orders and resolutions for the procedure and exercise of its powers and the performance of its duties;

(j) To incur indebtedness and carry on all business activities;

(k) To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller and the public at all times;

(l) To adopt from time to time, alter, rescind, modify and/or amend all proper and necessary rules and orders for the exercise of its powers and performance of its duties under this act.

History:

[25-155, added 1998, ch. 205, sec. 4, p. 728; am. 2012, ch. 117, sec. 17, p. 328.]
Idaho Code § 25-233 — Idaho Code / Title 25 / Chapter 2 / Section 25-233
25-233 LIVESTOCK DISEASE CONTROL AND T.B. INDEMNITY FUND.
Status: in_force

25-233. Livestock disease control and T.B. indemnity fund. All moneys derived from this act shall be deposited with the state treasurer to the credit of the livestock disease control and T.B. indemnity fund, and shall be used for the purpose of payment of deputy veterinarians' salaries, travel expense and cooperating with the United States department of agriculture, animal and plant health inspection service, veterinary services in maintaining laboratories, laboratory expense, equipment and supplies and for payment of indemnities for tubercular animals slaughtered, and for other purposes deemed advisable by the administrator of the division of animal industries providing that such expenditures shall further the betterment of the livestock industry in the state of Idaho.

History:

[25-233, added 1943, ch. 139, sec. 9, p. 277; am. 1974, ch. 18, sec. 126, p. 364; am. 1993, ch. 16, sec. 18, p. 66.]
Idaho Code § 25-1726 — Idaho Code / Title 25 / Chapter 17 / Section 25-1726
25-1726 HEARING ON APPLICATION.
Status: in_force

25-1726. Hearing on application. A hearing shall be conducted by the director. If after a hearing upon such application at which interested persons may formally appear in support or opposition thereto, the director finds from the evidence presented that such public livestock market for which a market charter is sought would beneficially serve the livestock economy, such market charter shall be issued the applicant. In determining whether or not the application should be granted or denied, the director shall give reasonable consideration to:

(a) The ability of the applicant to comply with that certain act of the congress of the United States known as the Packers and Stockyards Act, as amended (7 USC 181, et seq.).

(b) The financial stability, business integrity and fiduciary responsibility of the applicant.

(c) The livestock industry marketing benefits to be derived from the establishment and operation of the public livestock market proposed in the application.

(d) The adequacy of the facilities set forth in the application, to permit the performance of market services proposed in the application.

(e) The present market services elsewhere available to the trade area proposed to be served.

(f) Whether the proposed public livestock market would be permanent and continuous.

(g) The economic feasibility of the proposed market services based on competent evidence in respect to such aspects.

(h) Proper facilities for health inspection and testing of livestock.

History:

[25-1726, added 1961, ch. 201, sec. 8, p. 310; am. 1974, ch. 18, sec. 152, p. 364.]
Idaho Code § 25-616 — Idaho Code / Title 25 / Chapter 6 / Section 25-616
25-616 PENALTY FOR VIOLATIONS.
Status: in_force

25-616. Penalty for violations. (1) Any person, firm, or corporation who shall fail to do or perform, or who shall not permit another to do or perform, any act which he or it is required to do or perform under the provisions of this chapter, or who shall in any manner interfere with the compliance of the provisions of this chapter by any officer or representative of the department, veterinary services or commissioners, or who shall refuse to present or restrain any cattle or other animals for the purpose of identifying, testing, inspecting, examining, vaccinating, or branding pursuant to the provisions of this chapter, or who shall remove any eartag from any brucellosis reactor, or who shall remove the eartag from any animal tested, identified or vaccinated for brucellosis and place such tag on or in the ear of another animal, or place a vaccination tag in the ear of an unvaccinated animal is guilty of a misdemeanor. Upon conviction, violators are subject to a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense, or by imprisonment in the county jail for a period not to exceed six (6) months.

(2) Any person violating the provisions of this chapter or rules promulgated under this chapter may be assessed a civil penalty by the department or its agent of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense. Persons against whom civil penalties are assessed are liable for reasonable attorney's fees. Civil penalties may be assessed in conjunction with any other department administrative action. Civil penalties may not be assessed unless the person charged has been given notice and an opportunity for a hearing pursuant to the provisions of chapter 52, title 67, Idaho Code. If the department is unable to collect an assessed civil penalty or if any person fails to pay all or a set portion of a civil penalty as determined by the department, the department may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under this chapter may, within twenty-eight (28) days of the final agency action making the assessment, seek judicial review of the assessment in accordance with the provisions of chapter 52, title 67, Idaho Code. Moneys collected for violations of this chapter or rules promulgated under this chapter shall be deposited in the state treasury and credited to the livestock disease control and T.B. indemnity fund. If the director determines that a person has not complied with this chapter or the rules promulgated under this chapter, the director shall identify appropriate corrective actions. The director may develop a formal compliance schedule to correct deficiencies caused by noncompliance. The director may, through a formal compliance schedule, allow all or part of the value of the assessed civil penalties to apply toward correction of the deficiencies.

(3) Nothing in this section requires the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.

History:

[25-616, added 1939, ch. 150, sec. 16, p. 267; am. 1980, ch. 148, sec. 2, p. 317; am. 1986, ch. 102, sec. 4, p. 289; am. 1988, ch. 114, sec. 14, p. 211; am. 1993, ch. 13, sec. 17, p. 54; am. 2002, ch. 102, sec. 3, p. 279.]
Idaho Code § 25-149 — Idaho Code / Title 25 / Chapter 1 / Section 25-149
25-149 KEEPING OF DISEASED SHEEP — LIABILITY OF OWNERS.
Status: in_force

25-149. Keeping of diseased sheep — Liability of owners. Any person, firm or corporation owning or keeping sheep known by him to be diseased or exposed to any contagious, infectious or communicable disease shall immediately report said disease to the board and comply with the rules, regulations and orders of said board and in the event of his failure so to do he shall be liable in the full amount of damage occasioned to other sheep owners or holders to whose sheep such disease has been communicated or which have contracted or become infected with any such disease from such diseased or exposed sheep.

History:

[25-149, added 1951, ch. 250, sec. 24, p. 527.]
Idaho Code § 25-3304 — Idaho Code / Title 25 / Chapter 33 / Section 25-3304
25-3304 LICENSE REVOCATION OR SUSPENSION.
Status: in_force

25-3304. License revocation or suspension. In the event the board has reason to believe a licensee is guilty of violating any of the provisions of this chapter, including the rules and regulations promulgated hereunder, the board shall conduct a hearing to determine if the license shall be suspended or revoked. Hearings conducted pursuant to this section shall comply with the provisions governing contested cases, chapter 52, title 67, Idaho Code.

Following the hearing, the board may (1) permanently revoke the license, (2) temporarily suspend the license, or (3) suspend the license for a definite time period, or (4) impose on the individual operating without a license or violating any other provision of this chapter a civil penalty of one hundred dollars ($100) per day.

History:

[25-3304, added 1978, ch. 290, sec. 1, p. 711; am. 1990, ch. 182, sec. 5, p. 397.]
Idaho Code § 25-2505 — Idaho Code / Title 25 / Chapter 25 / Section 25-2505
25-2505 ASSESSMENTS — COLLECTION.
Status: in_force

25-2505. Assessments — Collection. (1) There is hereby levied and imposed upon all horses an assessment of one dollar ($1.00) per head to be paid by the owner. The assessment shall increase to three dollars ($3.00) per head if a referendum held as provided in section 25-2510(1), Idaho Code, results in a majority vote favoring the three dollar ($3.00) per head assessment.

(2) The assessment levied and imposed in this section shall be collected on all brand inspections completed on horses in the state of Idaho. Any person may purchase an Idaho horse board paid assessment card for one hundred dollars ($100) from the Idaho horse board. The paid assessment card shall be evidence to the state brand board, by and through the state brand inspector or a designated agent thereof, at the time a brand inspection fee is collected as provided in section 25-1160, Idaho Code, that the assessment due pursuant to this section has been paid. A paid assessment card shall be valid for a period of one (1) year from the date of purchase.

(3) The state brand inspector shall collect the assessment in addition to, at the same time, and in the same manner as the fee charged for state brand inspections. The assessment so collected belongs to and shall be paid to the Idaho horse board, either directly or later by remittance together with a report detailing collection of the assessment. The board shall reimburse the state brand inspector for the reasonable and necessary expenses incurred for such collection, in an amount determined by the board and the inspector.

History:

[25-2505, added 1987, ch. 214, sec. 1, p. 459; am. 2000, ch. 312, sec. 2, p. 1051; am. 2006, ch. 202, sec. 1, p. 618.]
Idaho Code § 25-2805 — Idaho Code / Title 25 / Chapter 28 / Section 25-2805
25-2805 DOGS RUNNING AT LARGE — PENALTY.
Status: in_force

25-2805. Dogs running at large — Penalty. Any person, who, after complaint has been made by any person to the sheriff, who shall serve a copy of said notice upon such person complained of, willfully or negligently permits any dog owned or possessed or harbored by him to be, or run, at large without a competent and responsible attendant or master, within the limits of any city, town, or village or in the vicinity of any farm, pasture, ranch, dwelling house, or cultivated lands of another, or who willfully or negligently fails, neglects or refuses to keep any such dog securely confined within the limits of his own premises when not under the immediate care and control of a competent and responsible attendant or master, shall be guilty of an infraction punishable as provided in section 18-113A, Idaho Code.

History:

[(25-2805) 1919, ch. 72, sec. 1, p. 249; C.S., sec. 1912; I.C.A., sec. 24-2405; am. 1998, ch. 61, sec. 1, p. 219; am. 1999, ch. 245, sec. 2, p. 632; am. 2016, ch. 285, sec. 1, p. 785.]
Idaho Code § 25-2807 — Idaho Code / Title 25 / Chapter 28 / Section 25-2807
25-2807 DOGS AS PROPERTY — PROOF OF VALUE.
Status: in_force

25-2807. Dogs as property — Proof of value. Dogs are property; and when the value of any dog is material in any civil or criminal proceeding in this state, the same may be established under the usual rules of evidence relating to values of personal property. No entity of state or local government may by ordinance or regulation prevent the owner of any dog from protecting it from loss by the use of an electronic locating collar.

History:

[(25-2807) 1927, ch. 211, sec. 1, p. 294; I.C.A., sec. 24-2407; am. 1991, ch. 72, sec. 1, p. 176.]
Idaho Code § 25-3705B — Idaho Code / Title 25 / Chapter 37 / Section 25-3705B
25-3705B WILD UNGULATES.
Status: in_force

25-3705B. Wild ungulates. The Idaho department of fish and game shall cooperate with the division of animal industries and the owner or operator of any domestic cervidae farm or ranch, where any wild ungulates are found within the perimeter fences of the domestic cervidae farm or ranch, in the development of a site specific written herd plan to determine the disposition of the wild ungulates.

History:

[25-3705B, added 2004, ch. 182, sec. 6, p. 571.]
Idaho Code § 25-3206 — Idaho Code / Title 25 / Chapter 32 / Section 25-3206
25-3206 ENFORCEMENT OF REGULATIONS.
Status: in_force

25-3206. Enforcement of regulations. The department is hereby authorized and empowered to promulgate and enforce such regulations as it may deem necessary to carry out the purposes of this act.

History:

[25-3206, added 1969, ch. 33, sec. 6, p. 57.]
Idaho Code § 25-2205 — Idaho Code / Title 25 / Chapter 22 / Section 25-2205
25-2205 FINDINGS OF AMOUNT DUE.
Status: in_force

25-2205. Findings of amount due. The viewers may either determine the amount due to the lienholder as above provided for or refuse to make such a finding if the enclosure does not have a "legal fence" surrounding it, or award a nominal amount if it appears that there are minimal damages. If the enclosure does not have a "legal fence" surrounding it, the viewers may make a finding of costs against the person claiming the lien (as above provided), and the livestock shall at once be surrendered to the owner of the livestock, if known, without charge or further delay.

History:

[25-2205, added 1978, ch. 168, sec. 2, p. 367.]
Idaho Code § 25-2204 — Idaho Code / Title 25 / Chapter 22 / Section 25-2204
25-2204 DETERMINATIONS OF VIEWERS.
Status: in_force

25-2204. Determinations of viewers. It shall be the duty of the viewers by majority vote to determine within three (3) days after the appointment of the third viewer whether the person claiming the lien has a "legal fence" within the provisions of chapter 1, title 35, Idaho Code, entirely surrounding the enclosure. Any award of the viewers shall be itemized and made in writing, shall be signed by the viewers agreeing to it, and shall be made within the same three (3) day period within which they are to determine whether or not the enclosure has a "legal fence" surrounding it.

If it is determined that there is a "legal fence" the viewers shall then assess the lienholder's damages and the costs of care and feeding the livestock and the other charges which are to be assessed as within the terms of the estray law, chapter 23, title 25, Idaho Code. Also, the viewers are entitled to receive mileage at the current rates then in effect for state employees.

History:

[25-2204, added 1978, ch. 168, sec. 2, p. 367.]
Idaho Code § 25-2117 — Idaho Code / Title 25 / Chapter 21 / Section 25-2117
25-2117 BREEDING SEASON DEFINED.
Status: in_force

25-2117. Breeding season defined. The term "breeding season," as used in the preceding section, shall be construed according to the local custom upon that range.

History:

[(25-2117) 1919, ch. 133, sec. 2, p. 428; C.S., sec. 1986; I.C.A., sec. 24-1817.]
Idaho Code § 25-1174 — Idaho Code / Title 25 / Chapter 11 / Section 25-1174
25-1174 HEARING FOR CLAIMS TO LIVESTOCK PROCEEDS ACCOUNT.
Status: in_force

25-1174. Hearing for claims to livestock proceeds account. Any person claiming to be the owner of any livestock sold under the provisions of section 25-1172, Idaho Code, may claim the sale proceeds placed in the unclaimed livestock proceeds account, and the state brand inspector must inquire into such claim, and may hold a hearing for such purpose giving notice thereof to every claimant thereof at least thirty (30) days before the date set for such hearing and after such hearing if satisfied of any claimant's right thereto, must issue an order granting a certificate to that effect and upon the presentation of the certificate the state controller must draw his warrant on the treasurer for the amount without interest. If no such certificate is presented to the state controller within eighteen (18) months after the date, such money is paid into the treasury of the state of Idaho and such money shall escheat to the state and be deposited into the office of the state board of education's miscellaneous revenue fund for appropriation to public education and/or higher education programs that advance the livestock industry and agriculture in general, as recommended by the Idaho cattle foundation, inc. Such recommendation shall be given to the state board of education no later than April 15 of each year.

History:

[(25-1174) 25-1412, added 1973, ch. 168, sec. 20, p. 339; am. and redesig. 1988, ch. 75, sec. 37, p. 128; am. 1994, ch. 180, sec. 39, p. 452; am. 2012, ch. 151, sec. 1, p. 421.]
Idaho Code § 25-127 — Idaho Code / Title 25 / Chapter 1 / Section 25-127
25-127 MEMBERS — APPOINTMENT, QUALIFICATIONS, SALARY — OATH.
Status: in_force

25-127. Members — Appointment, qualifications, salary — Oath. The Idaho sheep and goat health board, hereinafter called the board, shall consist of five (5) members, consisting of experienced wool growers or goat raisers, or a combination of experienced wool growers and goat raisers, and no two (2) of whom shall be from the same county; said members shall be appointed by and serve at the pleasure of the governor. Members shall hold their offices for the term for which they are appointed and thereafter until their successors are duly appointed and qualified.

As vacancies occur upon the board, the Idaho wool growers association shall submit to the governor the names of two (2) persons qualified and suitable for appointment for each such vacancy from whom the governor shall make his appointment to fill such vacancies. The first board shall be appointed for the following terms: two (2) members shall be appointed to hold office until the first Monday of January 1952; two (2) members shall be appointed to hold office until the first Monday of January 1954; one (1) member shall be appointed to hold office until the first Monday of January 1956; and at the expiration of said dates for the members first appointed and until the expiration of terms thereafter, members shall be appointed to fill such vacancies for a term of six (6) years; and in case of any vacancy occurring in the office of a board member at any time other members shall be appointed, who in each instance shall hold office until the unexpired term of the member whom he is appointed to succeed. Each of said members, before entering upon the duties of his office, shall take and subscribe to the oath of office required by section 59-401, Idaho Code. The members of the board may be compensated as provided by section 59-509(d), Idaho Code. Said compensation may be paid from the Idaho sheep and goat health account in the same manner as other expenses are paid. Each member of said board shall be a qualified elector of the county from which he is chosen and must reside during his term of office within the state of Idaho. Said board must hold a meeting annually and at any other time if so requested by any member of the board. The Idaho sheep and goat health board may request the removal of a board member, with or without cause, by a majority vote. Upon receipt of the request, the governor may immediately withdraw the board member's appointment.

History:

[25-127, added 1951, ch. 250, sec. 2, p. 527; am. 1971, ch. 136, sec. 12, p. 522; am. 1980, ch. 247, sec. 21, p. 597; am. 1985, ch. 63, sec. 2, p. 126; am. 1997, ch. 116, sec. 1, p. 290; am. 1998, ch. 205, sec. 1, p. 726; am. 2012, ch. 117, sec. 2, p. 321; am. 2013, ch. 91, sec. 1, p. 223.]
Idaho Code § 25-2708 — Idaho Code / Title 25 / Chapter 27 / Section 25-2708
25-2708 MISBRANDING.
Status: in_force

25-2708. Misbranding. No person shall distribute misbranded feed. A commercial feed shall be deemed to be misbranded:

(1) If its labeling or advertisements are false or misleading in any particular.

(2) If it is distributed under the name of another feed.

(3) If its container is not labeled as required in section 25-2705, Idaho Code, and in rules prescribed under this chapter.

(4) If it purports to be, or is represented as, a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by rule by the director.

(5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(6) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the director determines to be, and by rules prescribes as necessary in order fully to inform purchasers as to its value for such uses.

History:

[(25-2708) 25-2722, added 1953, ch. 243, sec. 8, p. 366; am. 1993, ch. 12, sec. 6, p. 45; am. and redesig. 2006, ch. 57, sec. 8, p. 176.]
Idaho Code § 25-136 — Idaho Code / Title 25 / Chapter 1 / Section 25-136
25-136 APPROPRIATION FOR SALARY AND EXPENSES.
Status: in_force

25-136. Appropriation for salary and expenses. The salaries, expenses and maintenance of the said board and all other salaries and expenses not otherwise provided for, not heretofore provided for in this act, shall be paid out of the Idaho sheep and goat health account. The legislature may each year set aside from the total appropriation which it shall make for the care, handling, inspection and protection and eradication of disease of livestock in the state, that proportion of the total amount which the value of the sheep and goats in the state of Idaho bears to the value of other livestock in the state as determined by the director of the department of agriculture.

History:

[25-136, added 1951, ch. 250, sec. 11, p. 527; am. 1969, ch. 156, sec. 8, p. 484; am. 1974, ch. 18, sec. 100, p. 364; am. 2012, ch. 117, sec. 7, p. 325.]
Idaho Code § 25-3403 — Idaho Code / Title 25 / Chapter 34 / Section 25-3403
25-3403 DEFINITIONS.
Status: in_force

25-3403. Definitions. In this chapter:

(1) "Association" means the Idaho pork producers association, inc., an Idaho nonprofit corporation.

(2) "Buyer" means any person who buys, receives or assembles swine for his own account, or for the account of another person for feeding, breeding, slaughter or any other purpose.

(3) "Department" means the Idaho department of agriculture.

(4) "Market" means to sell, barter, exchange, slaughter for sale or otherwise dispose of a porcine animal in commerce.

(5) "Person" means an individual, a partnership, a corporation, a firm, an agency or other business unit.

(6) "Porcine animal" means all breeds of domestic porcine and all wild and exotic porcine.

(7) "Pork producer" means a person who owns, manages or has a financial interest in production of porcine animals in the state of Idaho.

History:

[25-3403, added 1992, ch. 260, sec. 1, p. 753.]
Idaho Code § 25-207A — Idaho Code / Title 25 / Chapter 2 / Section 25-207A
25-207A PRIVATE FEEDING OF BIG GAME ANIMALS — RULES FOR DISEASE CONTROL.
Status: in_force

25-207A. Private feeding of big game animals — Rules for disease control. (1) In order to provide for disease control and the protection of health and human safety, the division of animal industries is authorized to promulgate rules for the regulation and prohibition of the private feeding of big game animals.

(2) The division shall cooperate with the department of fish and game in the designation of such areas and the promulgation of rules necessary to facilitate such regulation.

(3) The Idaho department of fish and game shall cooperate with the division regarding spacial separation of big game and livestock in any areas designated by the division as requiring disease control methods.

(4) Rulemaking authority pursuant to the provisions of this section shall only apply to regulate or prohibit persons who purposely or knowingly provide supplemental feed to big game animals in a manner that results in an artificial concentration of such animals that may potentially contribute to the transmission of disease.

(5) Rulemaking authority pursuant to the provisions of this section shall not apply to supplemental feeding activities conducted by the department of fish and game.

History:

[25-207A, added 2003, ch. 83, sec. 1, p. 258; am. 2004, ch. 151, sec. 1, p. 486.]
Idaho Code § 25-803 — Idaho Code / Title 25 / Chapter 8 / Section 25-803
25-803 LICENSE REQUIRED.
Status: in_force

25-803. License required. It is unlawful for any person to practice artificial insemination of domestic animals unless he shall first obtain a license so to do as provided in this act. Provided, no license shall be required of or by any person to perform artificial insemination upon his own domestic animals.

History:

[25-803, added 1945, ch. 180, sec. 3, p. 274.]
Idaho Code § 25-1733 — Idaho Code / Title 25 / Chapter 17 / Section 25-1733
25-1733 APPEALS FROM DECISIONS OF DIRECTOR.
Status: in_force

25-1733. Appeals from decisions of director. The director shall keep a complete transcript of all proceedings and evidence presented in any hearing before him. The applicant for a market charter, or any protestant formally appearing in the hearing before the director for such market charter, or the holder of any market charter suspended or revoked, or any party to a transfer application, may appeal to the district court of the county in which the proposed public livestock market is to be located, or in which the market charter holder has his public livestock market, by giving notice of such appeal in writing to the director within fifteen (15) days after receiving notice by registered mail of the director's decision, and within said time filing a bond with the clerk of said district court in the sum of five hundred dollars ($500) to be approved by the clerk of said court as legally sufficient, conditioned to pay all costs that may be awarded against such party in the event of an adverse decision, or the decision of the director being affirmed or upheld. Within thirty (30) days after such decision or within such additional time as the district court shall allow upon good cause shown, but not exceeding sixty (60) days after said decision, the appealing party shall file with the clerk of said district court a transcript of the testimony and proof presented to the director including notice of appeal, complaint, pleadings, notices, motions and other papers filed with the director duly certified by him. Cost of preparing such transcript shall be paid by the appealing party. In case of suspension or revocation of a market charter the filing of such notice and bond shall stay the order of the director until the final determination of the appeal. If the appealing party shall fail to perfect his appeal or file said transcript as herein provided, said stay shall automatically terminate. The hearing on appeal shall be had summarily and solely upon the record of the proceedings before the director, in the matter in which the appeal is taken and upon which his decision was rendered, and there shall not be any additional evidence introduced or anything in the nature of a trial de novo. The court shall not substitute its discretion for that of the director but shall determine whether the director acted capriciously, arbitrarily, or abused his discretion and whether he acted according to law. Appeals from judgments of the district court may be taken to the Supreme Court in the same manner as appeals are taken in civil actions.

History:

[25-1733, added 1961, ch. 201, sec. 15, p. 310; am. 1974, ch. 18, sec. 158, p. 364.]
Idaho Code § 25-207B — Idaho Code / Title 25 / Chapter 2 / Section 25-207B
25-207B IDENTIFICATION OF LIVESTOCK, POULTRY OR FISH — RULES FOR DISEASE CONTROL.
Status: in_force

25-207B. Identification of livestock, poultry or fish — Rules for disease control. (1) In order to provide for disease control and increase the traceability of infected or exposed animals or fish, the division of animal industries, in cooperation with the state brand board, is authorized to promulgate rules for the identification of livestock, poultry or fish and the registration of premises where such animals or fish are held.

(2) All data and information collected by the division of animal industries or the state brand board pursuant to the provisions of this section, or rules promulgated hereunder, shall not be considered a public record and shall be exempt from public disclosure requirements as provided in section 74-107, Idaho Code.

History:

[25-207B, added 2004, ch. 205, sec. 1, p. 627; am. 2015, ch. 141, sec. 38, p. 412.]
Idaho Code § 25-3101 — Idaho Code / Title 25 / Chapter 31 / Section 25-3101
25-3101 PROTECTION OF DAIRY MARKETS — PURPOSE.
Status: in_force

25-3101. Protection of dairy markets — Purpose. It is to the interest of all the people that the abundant natural resources of Idaho be protected, fully developed and uniformly distributed. Among the agricultural industries of the state of Idaho that contribute to the economic welfare of the state is the dairy industry. Because of problems incurred in marketing the dairy products produced in this state and because this marketing has become more and more difficult in the presently available markets, it is necessary, in order to provide a profitable enterprise for the dairy industry of the state and to promote employment labor and to assist the dairymen of the state and those in the various industries dependent upon the dairymen, that additional markets be found and developed. It is the purpose of this chapter to promote the public health and welfare of the citizens of our state by providing means for the protection, promotion, study, research, analysis and development of markets concerning the production and marketing of Idaho dairy products.

History:

[25-3101, added 1969, ch. 140, sec. 1, p. 435; am. 2013, ch. 176, sec. 1, p. 408.]
Idaho Code § 25-217 — Idaho Code / Title 25 / Chapter 2 / Section 25-217
25-217 TUBERCULOSIS ERADICATION — COOPERATION WITH FEDERAL DEPARTMENT.
Status: in_force

25-217. Tuberculosis eradication — Cooperation with federal department. The state of Idaho, through its department of agriculture, is authorized to cooperate with the United States department of agriculture in the tuberculosis eradication from all animals, except sheep, on cooperative agreement, as given in B.A.I. Order No. 263, promulgated from the provisions of the Act of Congress approved October 1, 1918, and effective October 15, 1918, entitled, "An act making appropriations for the department of agriculture for the fiscal year ending June 30, 1919"; and the department of agriculture of the state of Idaho and all representatives thereof are required to work in cooperation with the United States department of agriculture, animal and plant health inspection service, veterinary services.

History:

[(25-217) 1921, ch. 35, sec. 1, p. 45; I.C.A., sec. 24-217; am. 1993, ch. 16, sec. 13, p. 64.]
Idaho Code § 25-2610 — Idaho Code / Title 25 / Chapter 26 / Section 25-2610
25-2610 COOPERATION WITH STATE AND FEDERAL AGENCIES.
Status: in_force

25-2610. Cooperation with state and federal agencies. In order to secure the most effective and economical expenditure of funds used in controlling agricultural pests, the boards of county commissioners taking advantage of the provisions of this chapter shall cooperate, so far as practicable, with state and federal organizations engaged in similar work.

History:

[(25-2610) 1951, ch. 275, sec. 10, p. 578; 25-2627 am. and redesignated 25-2610, 1989, ch. 210, sec. 10, p. 518.]
Idaho Code § 25-1002 — Idaho Code / Title 25 / Chapter 10 / Section 25-1002
25-1002 DUTIES AND LIABILITY.
Status: in_force

25-1002. Duties and liability. It is the duty of every stock rancher to use due diligence to prevent the death or loss of, or injury to, any animal in his charge as such rancher; and in case of death, loss or injury to such animal while in possession of a stock rancher, the owner thereof may recover, before any court of competent jurisdiction, the full amount of damages sustained, if it appears that such loss, death or injury was in consequence of the failure of the stock rancher to use due and reasonable diligence.

History:

[(25-1002) 1872, p. 58, sec. 2; am. R.S., sec. 1231; reen. R.C. & C.L., sec. 1222; C.S., sec. 1915; I.C.A., sec. 24-902.]
Idaho Code § 25-214 — Idaho Code / Title 25 / Chapter 2 / Section 25-214
25-214 UNLAWFUL TO BRING INFECTED ANIMALS INTO STATE.
Status: in_force

25-214. Unlawful to bring infected animals into state. It shall be unlawful for any person, firm or corporation or its agents or employees to bring or cause to be brought in any manner whatsoever into this state any animal affected or infected with any contagious, infectious or communicable disease.

History:

[(25-214) 1919, ch. 35, sec. 13, p. 125; C.S., sec. 1853; I.C.A., sec. 24-214.]
Idaho Code § 25-150 — Idaho Code / Title 25 / Chapter 1 / Section 25-150
25-150 REGULATION OF PUBLIC SALE YARDS AND PUBLIC AUCTION SALES.
Status: in_force

25-150. Regulation of public sale yards and public auction sales. For the purpose of preventing the spread of contagious, infectious or communicable diseases among sheep the board is hereby empowered to make reasonable rules and regulations with regard to the handling of sheep in or at public sale yards and public auction sales where sheep are generally sold and shall have the power and authority to prevent the sales of sheep at such public sale yards or public auction sales unless said rules and regulations shall be complied with.

History:

[25-150, added 1951, ch. 250, sec. 25, p. 527; am. 2012, ch. 117, sec. 16, p. 327.]
Idaho Code § 25-3505 — Idaho Code / Title 25 / Chapter 35 / Section 25-3505
25-3505 CARRYING IN A CRUEL MANNER — SEIZURE, EXPENSES, LIEN.
Status: in_force

25-3505. Carrying in a cruel manner — Seizure, expenses, lien. Whoever carries or causes to be carried in or upon any vehicle or otherwise any animal in a cruel manner, or knowingly and willfully authorizes or permits it to be subjected to cruelty of any kind, is guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code. Subject to the restrictions of section 25-3501A, Idaho Code, whenever any such person is taken into custody therefor by any officer, such officer must take charge of such vehicle, and its contents, and deposit them in some place of custody, and must take possession of the animal and deposit it in some place of custody until final disposition of the animal is determined in accordance with section 25-3520A or 25-3520B, Idaho Code.

History:

[(25-3505) 18-2103, as added by 1972, ch. 336, sec. 1, p. 884; am. and redesig. 1994, ch. 346, sec. 5, p. 1092; am. 1996, ch. 229, sec. 4, p. 746; am. 2006, ch. 170, sec. 5, p. 526.]
Idaho Code § 25-2119 — Idaho Code / Title 25 / Chapter 21 / Section 25-2119
25-2119 OWNER OR POSSESSOR OF ANIMAL NOT LIABLE FOR ANIMAL ON HIGHWAY.
Status: in_force

25-2119. Owner or possessor of animal not liable for animal on highway. No person owning, or controlling the possession of, any domestic animal lawfully on any highway, shall be deemed guilty of negligence by reason thereof.

History:

[25-2119, added 1961, ch. 249, sec. 2, p. 415.]
Idaho Code § 25-2906 — Idaho Code / Title 25 / Chapter 29 / Section 25-2906
25-2906 COUNCIL — POWERS AND DUTIES.
Status: in_force

25-2906. Council — Powers and duties. The council shall have the following powers and duties:

1. Conform and comply with the federal beef promotion and research order issued by the United States department of agriculture as long as the federal beef promotion and research order is in effect.

2. Conduct scientific research to discover and develop the commercial value of beef.

3. Enter into contracts which it deems appropriate in carrying out the promotion of the cattle industry of this state.

4. Sue and be sued as a council, without individual liability of the council members, when the council is acting within the scope of the powers of this act.

5. Make grants, donations or contributions to any agency which will promote the cattle industry of this state on both a national, state or local level.

6. Employ subordinate officers and employees of the council, prescribe their duties and fix their compensation.

7. Accept grants, donations, contributions or gifts, from any source, for expenditures for any purpose consistent with the provisions of this act.

8. Prepare each year a proposed budget of the council for the next succeeding fiscal year, and provide upon request a copy of this budget to any person who pays an assessment under this act.

9. Adopt, rescind, modify or amend all proper functional regulations, orders, and resolutions for the exercise of its powers and duties, which shall be provided to anyone upon request.

10. Conduct public relation programs for beef and beef products.

11. Lease, purchase or own personal property or lease real property deemed necessary in the administration of this chapter.

History:

[25-2906, added 1967, ch. 222, sec. 6, p. 670; am. 1986, ch. 246, sec. 1, p. 665; am. 2015, ch. 294, sec. 1, p. 1172.]
Idaho Code § 25-2506 — Idaho Code / Title 25 / Chapter 25 / Section 25-2506
25-2506 DEPOSIT AND DISBURSEMENT OF FUNDS.
Status: in_force

25-2506. Deposit and disbursement of funds. Immediately upon receipt, all moneys received by the board shall be deposited in one or more separate accounts in the name of the board in one or more banks or trust companies approved under the provisions of chapter 27, title 67, Idaho Code, as state depositories. The board shall designate such banks or trust companies. All moneys so deposited are hereby appropriated to the Idaho horse board for the purpose of carrying out the provisions of this chapter.

Moneys can be withdrawn or paid out of such accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the board.

Any assessments or money that may be deposited hereunder with the treasurer of the state of Idaho shall be paid to the board, and the state treasurer shall be reimbursed for the reasonable and necessary expenses incurred.

The right is reserved to the state of Idaho to audit the funds of the board at any time.

History:

[25-2506, added 1987, ch. 214, sec. 1, p. 459; am. 1993, ch. 133, sec. 1, p. 328.]
Idaho Code § 25-1901 — Idaho Code / Title 25 / Chapter 19 / Section 25-1901
25-1901 ALTERING MARKS AND BRANDS.
Status: in_force

25-1901. Altering marks and brands. Every person who marks or brands, alters, conceals, disfigures, obliterates, or defaces the mark or brand of any horse, mare, colt, jack, jennet, mule, bull, ox, steer, cow, calf, sheep, goat, hog, shoat or pig belonging to another, with intent thereby to steal the same or to prevent identification thereof by the true owner, shall be guilty of a felony.

History:

[(25-1901) 1881, p. 295, secs. 10, 17; R.S., R.C., & C.L., sec. 6867; C.S., sec. 8328; am. 1931, ch. 23, sec. 1, p. 50; I.C.A., sec. 24-1601; am. 1951, ch. 158, sec. 1, p. 354.]
Idaho Code § 25-615 — Idaho Code / Title 25 / Chapter 6 / Section 25-615
25-615 BRANDING AND ISOLATION OF POSITIVE REACTORS.
Status: in_force

25-615. Branding and isolation of positive reactors. All cattle or other animals showing a positive reaction to the brucellosis test in the cooperative work, whether in individual herds or in cooperative areas, shall immediately after being branded in accordance with the provisions of this chapter, be isolated from all other brucellosis susceptible animals until such time as they are moved under permit issued by the department as provided in section 25-603, Idaho Code.

History:

[25-615, added 1939, ch. 150, sec. 15, p. 267; am. 1993, ch. 13, sec. 16, p. 54.]
Idaho Code § 25-2701 — Idaho Code / Title 25 / Chapter 27 / Section 25-2701
25-2701 TITLE.
Status: in_force

25-2701. Title. This chapter shall be known as the "Idaho Commercial Feed Law."

History:

[(25-2701) 25-2715, added 1953, ch. 243, sec. 1, p. 366; am. and redesig. 2006, ch. 57, sec. 1, p. 168.]
Idaho Code § 25-141A — Idaho Code / Title 25 / Chapter 1 / Section 25-141A
25-141A SCRAPIE ERADICATION AREA.
Status: in_force

25-141A. Scrapie eradication area. (1) The state of Idaho is engaged in the eradication of scrapie from sheep and goats within this state and in cooperation with the United States department of agriculture in the eradication of scrapie from sheep and goats outside of this state. The board is authorized to quarantine the whole state or any portion thereof and the movement of sheep and goats is prohibited except in conformity with the provisions of this chapter and the rules of the board promulgated for the purpose of preventing the introduction of scrapie into Idaho from any other state or country. Any person, firm, corporation or other recognized legal entity, who shall bring into the state or move within the state any sheep or goats in violation of the provisions of this chapter or the rules of the board, shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each animal brought into the state or moved within the state in violation of the provisions of this chapter or rules promulgated thereunder.

(2) The board shall issue permits authorizing the moving of sheep and goats to and from and through and across quarantine areas for exhibition, sale or feeding purposes and for transporting or moving sheep and goats from one (1) locality to another outside of quarantine areas. The permits shall be issued under rules of the board promulgated with due regard to the convenience of the sheep and goat owners and the protection of sheep and goats within the quarantine areas established as herein provided for the eradication of scrapie.

History:

[25-141A, added 1997, ch. 116, sec. 8, p. 294.]
Idaho Code § 25-1101 — Idaho Code / Title 25 / Chapter 11 / Section 25-1101
25-1101 DEFINITIONS.
Status: in_force

25-1101. Definitions. As used in this chapter, and elsewhere in the Idaho Code where applicable:

"Livestock" means any cattle, horses, mules or asses.

"Transportation" means the movement of livestock in any manner.

"Person" means every natural person, firm, association, partnership, company business or corporation.

"Brand" means one, either, or both of the following:

(1) An identification mark, device or document prescribed by rules of the board that cannot be switched from one (1) animal to another without destruction or disfigurement of the mark, device or document. Any such mark or device, except for the location in or on the animal, shall be subject to the same restrictions, requirements, inspections, fees and penalties as the permanent identification marks described in the following paragraph (2).

(2) An identification mark that is permanently affixed into the hide of a live animal on either side in any one of three (3) locations, the shoulder, ribs, or hip. The brand may be applied on the hide by either a hot iron, or as a freeze brand which involves applying intense cold to the skin of the live animal to change the color of the hair on the skin to create a clear brand. An acid brand means any such mark or brand that has been applied by the use of a chemical compound and when so used causes a scarlike tissue to form on the hide of a live animal. Acid brands are not valid for any type of brand inspection.

"Brand inspector" means the state brand inspector, any authorized deputy or assistant brand inspector, or any other person authorized by the laws of the state of Idaho to make brand inspections.

"Brand inspection certificate" means a certificate on a form adopted by the state brand board, listing the animals for which the certificate is issued, describing the animals listed thereon, listing the name and address of the owner of the livestock, the name and address of the new owner, the listing of the place of origin and of destination of such transportation, and such other information as may be required by the state brand board. Brand inspection certificates shall be of the following kinds:

(1) An inspection certificate that is issued only when there is a change in ownership of the livestock, or when livestock is leaving the state, or when the livestock is to be slaughtered within ninety-six (96) hours.

(2) An annual inspection certificate good only for the current growing or grazing season, and which authorizes the owner to transport the livestock within and without the state. An annual inspection certificate does not authorize the sale or transfer of an ownership interest in any livestock.

(3) A seasonal grazing certificate good only for moving livestock from this state to another state for grazing, and to return some or all of that livestock to this state. The certificate shall be issued without charge if the brand inspector determines that an inspection of the animals is not necessary. If an inspection is made, the certificate shall be issued at one-half (1/2) the usual brand inspection fee, and the provisions of sections 25-232, 25-2505 and 25-2907, Idaho Code, shall not apply.

(4) A lifetime ownership and transportation certificate which is valid only for horses, mules or asses, and which authorizes the owner to transport the horses, mules or asses within and without the state. A lifetime ownership and transportation certificate may be used for the sale or transfer of an ownership interest in horses, mules or asses, but immediately upon a change of ownership interest, the new owner must apply to the brand board for a new lifetime ownership and transportation certificate, and pay the required fees.

"Livestock auction sale," for the purpose of charging and collecting the minimum inspection fee of fifty dollars ($50.00) required by section 25-1160, Idaho Code, means and includes all public livestock markets chartered under the provisions of chapter 17, title 25, Idaho Code; means and includes any dispersal sale of livestock by a farmer, dairyman, breeder or feeder of livestock subject to brand inspection; and means and includes any sale of livestock by an association of breeders of livestock subject to brand inspection. The state brand board may, by regulation, include other private or public operations at which livestock subject to brand inspection is offered for sale within such definition.

"Written ownership transportation permit" means a statement in writing of a form approved by the state brand board, which permit shall describe the livestock being transported, is signed and dated by the person in whose name the brand on such livestock is recorded in the office of the state brand inspector, and an acknowledgment authorizing the transportation of such livestock, within the state, listing the place of origin, place of destination of such transportation, the consignee thereof and his address, and such other information as may be required by the state brand board. An ownership transportation permit is not valid for a change in ownership of livestock, and is not valid to transport livestock outside of the state.

"Stock grower" means any person owning any livestock in this state to be slaughtered for human consumption whether in this state or outside of this state, or any person engaging in the business of breeding, growing or raising livestock.

History:

[(25-1101) I.C., sec. 25-1401, as added by 1973, ch. 168, sec. 20, p. 339; am. 1988 & redesignated 25-1101, ch. 75, sec. 2, p. 112; am. 1991, ch. 71, sec. 1, p. 174.]
Idaho Code § 25-207 — Idaho Code / Title 25 / Chapter 2 / Section 25-207
25-207 MOVEMENT AND DISEASE CONTROL OF LIVESTOCK AND OTHER ANIMALS — RULES AND REGULATIONS.
Status: in_force

25-207. Movement and disease control of livestock and other animals — Rules and regulations. The division shall have authority to make and promulgate rules and regulations for the movement and disease control of livestock and other animals into, within and out of this state as may from time to time be deemed necessary; and to compensate the state for the expense of carrying out such regulations the division may collect a reasonable fee to be by it fixed not exceeding the actual cost to the state, such fees to be deposited with the state treasurer to the credit of the livestock disease control and T.B. indemnity fund.

History:

[(25-207) 1919, ch. 35, sec. 6, p. 123; C.S., sec. 1846; I.C.A., sec. 24-207; am. 1943, ch. 139, sec. 1, p. 277; am. 1957, ch. 60, sec. 1, p. 102; am. 1974, ch. 18, sec. 107, p. 364; am. 1993, ch. 16, sec. 3, p. 59.]
Idaho Code § 25-809 — Idaho Code / Title 25 / Chapter 8 / Section 25-809
25-809 LICENSES — ISSUANCE, RENEWALS AND REINSTATEMENT.
Status: in_force

25-809. Licenses — Issuance, renewals and reinstatement. If the applicant shall pass such examination as is herein provided to be given and shall show that he is a person of good moral character and that he possesses the qualifications required by this act to entitle him to a license to practice artificial insemination, he shall be entitled to a license authorizing him to practice such artificial insemination within the state of Idaho.

All such licenses shall expire on the 30th day of June of each year, and all persons who practice artificial insemination within the meaning of this act are entitled to renew and shall renew their licenses on or before the 1st day of July of each year, and shall make application for such renewal to the division of animal industries. In case of failure so to renew a license, the division shall cancel the same on the 1st day of October, following the date of delinquency: provided, however, that the division may reinstate any license cancelled for failure to renew the same on payment of twenty-five dollars ($25.00). Provided, further, that where a license has been cancelled for a period of more than five (5) years, the person so affected shall be required to make application to the division, using the same forms and furnishing the same information as required of a person originally applying for a license, and pay the same fee that is required of a person taking the examination for the first time. Such applicant for reinstatement whose license has been cancelled for a period of more than five (5) years shall appear in person before the division at any regular or special meeting for an examination the nature of which shall be determined by the division. If after such examination the division is of the opinion that the person examined is the bona fide holder of a cancelled license, is of good moral character and, if found capable of again practicing artificial insemination, the license shall be reinstated and the holder thereof entitled to practice subject to the laws of this state.

History:

[25-809, added 1945, ch. 180, sec. 9, p. 274; am. 1974, ch. 18, sec. 143, p. 364; am. 1984, ch. 17, sec. 2, p. 20.]
Idaho Code § 25-3104 — Idaho Code / Title 25 / Chapter 31 / Section 25-3104
25-3104 REPRESENTATIVE DISTRICTS.
Status: in_force

25-3104. Representative districts. Three (3) elected commission members shall represent one (1) of the following districts:

(1) District I, which shall include the counties of Ada, Adams, Benewah, Boise, Bonner, Boundary, Canyon, Clearwater, Elmore, Gem, Idaho, Kootenai, Latah, Lewis, Nez Perce, Owyhee, Payette, Shoshone, Valley and Washington;

(2) District II, which shall include the counties of Blaine, Camas, Gooding, Jerome, Lincoln, Cassia, Minidoka and Twin Falls;

(3) District III, which shall include the counties of Bannock, Bear Lake, Bingham, Bonneville, Butte, Caribou, Clark, Custer, Franklin, Fremont, Jefferson, Lemhi, Madison, Oneida, Power and Teton.

History:

[25-3104, added 1969, ch. 140, sec. 4, p. 435; am. 2005, ch. 19, sec. 2, p. 56.]
Idaho Code § 25-1720 — Idaho Code / Title 25 / Chapter 17 / Section 25-1720
25-1720 STATEMENT OF PURPOSE.
Status: in_force

25-1720. Statement of purpose. It is hereby declared to be the policy of the state of Idaho, and the purpose of this act, to encourage, stimulate and stabilize the agricultural economy of the state in general, and the livestock economy in particular, by encouraging the construction, development and productive operation of public livestock markets as key industries of the state and those markets' particular trade areas, with all benefits of fully open, free, competitive factors, in respect to sales and purchases of livestock.

History:

[25-1720, added 1961, ch. 201, sec. 2, p. 310.]