Idaho Code § 25-4001 — Idaho Code / Title 25 / Chapter 40 / Section 25-4001
25-4001 SHORT TITLE.
Status: in_force

25-4001. SHORT TITLE. This chapter shall be known as the "Poultry Environmental Act."

History:

[25-4001, added 2011, ch. 227, sec. 1, p. 615.]
Idaho Code § 25-2612A — Idaho Code / Title 25 / Chapter 26 / Section 25-2612A
25-2612A DUTIES AND POWERS OF THE STATE ANIMAL DAMAGE CONTROL BOARD.
Status: in_force

25-2612A. Duties and powers of the state animal damage control board. (1) There is hereby created a state animal damage control board. The chairman of the Idaho sheep and goat health board shall be a voting member and serve as the chairman of the state animal damage control board which shall have such duties and powers relating to the prevention and control of damage caused by predatory animals and other vertebrate pests, including threatened or endangered wildlife, within the state of Idaho as are established by federal or state law, federal or state rule or regulation, or county ordinance. It is hereby made the duty of the state animal damage control board to coordinate and give general direction to programs to prevent and control damage or conflicts on federal, state, or other public or private lands caused by predatory animals, rodents, or birds injurious to animal husbandry, agriculture, horticulture, forestry, wildlife and human health or safety; and also to facilitate, coordinate or conduct such investigations, experiments or tests as deemed necessary to determine, demonstrate and promulgate the best methods of predatory animals and other vertebrate pest control. In carrying out these duties, the board may cooperate with federal, state, county, city and private agencies, organizations or individuals; provided, however, that the authority of this board is not to supersede the state fish and game department or the responsible federal agency in the utilization of the funds of those two (2) agencies in their conduct of similar work within the state of Idaho, but the board shall cooperate and work with these two (2) agencies. Prevention and control of predatory animals and other vertebrate pests does not include the payment of compensation for damages.

(2) In addition to the chairman, the state animal damage control board shall consist of a member appointed by the president of the Idaho cattle association, the director of the state department of agriculture, the director of the state department of fish and game, and the chairman of the board of directors of each of the five (5) animal damage control districts.

(3) The state animal damage control board shall have as its primary duties the coordination of the control efforts of the five (5) animal damage control districts; the establishment of general policies for the control programs; the establishment of annual priorities for control efforts; and the assignment or distribution of moneys made available to the board from any source. All contracts or agreements for providing prevention and control services which involve an expenditure of moneys from the state animal damage control board shall be in writing and shall be maintained as a part of the official records of the board.

(4) The Idaho sheep and goat health board shall provide staff, administrative and fiscal services for the animal damage control board.

History:

[(25-2612A), 25-128A, 25-128 added 1951, ch. 250, sec. 2, p. 527; am. 1971, ch. 136, sec. 12, p. 522; am. 1974, ch. 18, sec. 98, p. 364; am. 1985, ch. 63, sec. 3, p. 127; am. 1986, ch. 212, sec. 1, p. 546; am. and redesig. 1997, ch. 116, sec. 2, p. 291; am. and redesig. 1998, ch. 205, sec. 3, p. 727; am. 2012, ch. 117, sec. 25, p. 331.]
Idaho Code § 25-1722 — Idaho Code / Title 25 / Chapter 17 / Section 25-1722
25-1722 EXEMPTIONS.
Status: in_force

25-1722. Exemptions. This act shall not be construed to include as a public livestock market:

(a) Any place or operation where future farmers or 4-H groups, or private fairs conduct sales of livestock.

(b) Any place or operation conducted for a dispersal sale of the livestock of a farmer, dairyman, livestock breeder or feeder who is discontinuing said business and no other livestock is sold or offered for sale.

(c) Any place or operation where a breeder or an association of breeders of livestock assemble and offer for sale and sell under their own management any livestock when such breeders shall assume all responsibility of such sale and the title of livestock sold. This shall apply to all purebred livestock association sales.

(d) All sales of livestock by any generally recognized statewide association or associations composed of persons engaged in the production in Idaho of cattle, calves, sheep, mules, horses, swine, or goats.

(e) Sales of livestock by any nonprofit cooperative association, corporation sole or religious, fraternal or benevolent corporation, provided such association or corporation complies with regulations of the director in connection with such sale and such sales are not held in the regular course of business of such corporation or association.

(f) Any Idaho auction market operated by an Idaho licensed auctioneer selling not more than twenty (20) animals a week or more than eighty (80) animals a month, provided such an auction market is bonded under the provisions of the Federal Packers and Stockyards Act, of 1921, as amended.

History:

[25-1722, added 1961, ch. 201, sec. 4, p. 310; am. 1963, ch. 130, sec. 1, p. 382; am. 1965, ch. 138, sec. 1, p. 271; am. 1974, ch. 18, sec. 148, p. 364.]
Idaho Code § 25-1001 — Idaho Code / Title 25 / Chapter 10 / Section 25-1001
25-1001 STOCK RANCHER DEFINED.
Status: in_force

25-1001. Stock rancher defined. Every person who, for a consideration, takes horses or other stock to keep and take care of by the day, week, month or year, is deemed a stock rancher.

History:

[(25-1001) 1872, p. 58, sec. 1; am. R.S., sec. 1230; reen. R.C. & C.L., sec. 1221; C.S., sec. 1914; I.C.A., sec. 24-901.]
Idaho Code § 25-3807 — Idaho Code / Title 25 / Chapter 38 / Section 25-3807
25-3807 COMPLAINTS.
Status: in_force

25-3807. Complaints. The department shall respond to all odor complaints lodged against agriculture operations. A complaint must include the name, address and telephone number of the complainant. The response of the department may be limited to informing the complainant that an odor plan is being implemented. Complaints pursuant to this section are a public record open to public inspection and copying pursuant to chapter 1, title 74, Idaho Code.

History:

[25-3807, added 2001, ch. 383, sec. 1, p. 1343; am. 2015, ch. 141, sec. 41, p. 413.]
Idaho Code § 25-2810 — Idaho Code / Title 25 / Chapter 28 / Section 25-2810
25-2810 DANGEROUS AND AT-RISK DOGS.
Status: in_force

25-2810. dangerous and at-risk dogs. For purposes of this section:

(1) A person commits the crime of maintaining a dangerous dog or at-risk dog if the person owns, possesses, or harbors a dangerous dog or at-risk dog as described in subsection (4)(a) or (b) of this section unless otherwise in compliance with the provisions of an order pursuant to subsection (7) of this section. In all judgements rendered under this section, if the dog in question is still living, its disposition shall in all cases be determined in the same proceeding in accordance with this section to provide restrictions for the keeping of the dog or alternatively for its destruction.

(2) Anyone who owns, possesses, or harbors a dog found to be a dangerous dog or at-risk dog under this section is guilty of a misdemeanor unless otherwise in compliance with the provisions of an order pursuant to subsection (7) of this section.

(3) The court may also, in its discretion, order any individual found guilty of violating this section to pay the victim restitution related to medical expenses, property damage, property repair and replacement costs, if any, incurred as a result of the individual's violation of the provisions of this section.

(4) Definitions.

(a) "At-risk dog" means any dog that without justified provocation bites a person without causing a serious injury as defined in this section.

(b) "Dangerous dog" means any dog that:

(i) Without justified provocation has inflicted serious injury on a person; or

(ii) Has been previously found to be at risk and thereafter bites or physically attacks a person without justified provocation.

(c) "Justified provocation" means to perform any act or omission that a reasonable person with common knowledge of dog behavior would conclude is likely to precipitate a bite or attack by an ordinary dog.

(d) "Physically attack" means an aggressive action upon a person by a dog in which there is physical contact between the dog and the person.

(e) "Serious injury" means an injury to a person characterized by bruising, laceration, or other injury that would cause a reasonably prudent person to seek treatment from a medical professional without regard to whether the person actually sought medical treatment.

(5) No dog may be found to be a dangerous or at-risk dog when, at the time an injury or damage was sustained, the precipitating cause constituted justified provocation. Justified provocation includes, but is not limited to, the following:

(a) The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault;

(b) The person was committing a crime or offense upon the property of the owner or custodian of the dog;

(c) The person was at the time, or had in the past, willfully tormented, abused or assaulted the dog;

(d) The dog was responding to pain or injury or protecting its offspring;

(e) The dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury sustained was to a person who was interfering with the dog while the dog was working in a place where it was lawfully engaged in such activity, including public lands;

(f) The dog was a service animal individually trained to do work or perform tasks for a person with a disability; or

(g) The person was intervening between two (2) or more animals engaged in aggressive behavior or fighting.

(6) If a court finds that a dog is dangerous pursuant to the provisions of this section, in addition to any other penalty or liability provided in this section, the court may order the dog to be humanely put to death.

(7) If a court finds that a dog is dangerous or at risk pursuant to the provisions of this act, the court in its discretion may order the owner to comply with one (1) or more of the following restrictions and requirements:

(a) When outdoors, the dog shall be confined to a secure, locked enclosure from which it cannot escape and that unauthorized persons are prevented from accidental entry, and for which entrance and exit are controlled by the owner of the premises or owner of the dog;

(b) When off the property of the owner and not confined in a secure enclosure, the dog shall be kept on a secure leash by a competent adult physically capable of controlling the dog. The court shall have the discretion to order that the dog wear a muzzle capable of preventing the dog from biting if the dog is in any public area in which contact between the dog and the public is likely to occur;

(c) The dog shall be permanently identified by means of a color photograph in a file maintained by the court and local enforcement agency and by a microchip or tattoo used for the identification of companion animals at the expense of the owner. Microchip registration shall be reported in a timely manner by the owner of the dog to the local agency responsible for the control of such dogs. Upon demand, the owner shall provide access to the dog to any such agency or local law enforcement entity for the purposes of verifying microchip implantation or tattoo; and

(d) The premises on which the dog is kept shall be posted with clearly visible signs stating "Beware of Dog" and may also require posting of signs with a warning symbol that informs children of the presence of a dog that may be dangerous. Signs shall be visible from the closest roadway.

(8) Any owner of a dog designated as a dangerous or at-risk dog shall notify any local agency responsible for the control of such dogs upon the transfer of a dangerous or at-risk dog to another person within thirty (30) days of such transfer. In order to transfer ownership of a dog designated as a dangerous or at-risk dog, the current owner shall notify the new owner of any order issued by a court pursuant to the provisions of this act and provide a copy of such order prior to such transfer. All sanctions and restrictions placed upon the keeping of the dog by the court shall transfer to any person taking custody of such dog, and such person shall comply with all such sanctions and restrictions and be duly registered as the owner of a dangerous or at-risk dog by the local agency. Any owner relocating a dangerous or at-risk dog to another jurisdiction served by a different agency responsible for the control of such dogs shall notify both the previous agency and the responsible agency in the new location within thirty (30) days of such relocation.

(9) In the event a dog designated by a court as at risk does not subsequently act in a manner consistent with the definitions of a dangerous or at-risk dog, and providing that the owner and keeper of the dog has complied with all the provisions of this act, for a period of two (2) years, the restrictions and requirements imposed by the court shall be waived and the dog shall no longer be classified as at risk.

(10) During the pendency of a case to have a dog found dangerous or at risk, a law enforcement officer or officer of a local agency responsible for the control of such dogs shall be authorized to take the dog into custody and place the dog in a suitable place at a customary and reasonable expense to the owner pending final disposition of the charge against the owner. In lieu of keeping the dog at such facility, officers shall have the discretion to impose reasonable temporary restrictions upon the keeping of the dog at the property of the owner such that the dog is controlled and prevented from contact with others pending the final disposition of the case. Upon notification that an action pursuant to this subsection has been initiated by an officer authorized to enforce such action against a dog, the relocation or transfer of such dog to another shall be prohibited and constitute a violation of this section. The court may also, in its discretion, order any individual found guilty of violating this section to pay the law enforcement or animal control agency or animal shelter additional restitution related to impoundment costs, medical, and veterinary-related expenses, and any costs related to the care and keeping of the animal including costs of destruction and disposal of the animal.

(11) Any dog that physically attacks, wounds, bites or otherwise injures any person who is not trespassing, when such dog is not physically provoked or otherwise justified pursuant to subsection (5) of this section or as set forth in section 25-2808, Idaho Code, subjects either its owner or any person who has accepted responsibility as the possessor, harborer, or custodian of the dog, or both, to civil liability for the injuries caused by the dog. A prior determination that a dog is dangerous or at risk, or subject to any court order imposing restrictions or requirements pursuant to the provisions of this section, shall not be a prerequisite to civil liability for injuries caused by the dog.

History:

[25-2810, added 2016, ch. 285, sec. 4, p. 786; am. 2019, ch. 300, sec. 1, p. 890.]
Idaho Code § 25-3902 — Idaho Code / Title 25 / Chapter 39 / Section 25-3902
25-3902 AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DIVISION OF ANIMAL INDUSTRIES.
Status: in_force

25-3902. Authority of the department of agriculture and the division of animal industries. The department of agriculture and the administrator of the division of animal industries are authorized and empowered to regulate or prohibit the importation or possession of any deleterious exotic animals.

History:

[25-3902, added 2003, ch. 105, sec. 1, p. 332.]
Idaho Code § 25-903 — Idaho Code / Title 25 / Chapter 9 / Section 25-903
25-903 INTERFERENCE WITH GRAZING RIGHT.
Status: in_force

25-903. Interference with grazing right. Any person who willfully or negligently interferes with the legal herding, grazing or pasturing of livestock or with a fence, gate, water development or other range improvement on private base property or on an adjudicated allotment is guilty of a misdemeanor and additionally shall be subject to restitution under section 19-5304, Idaho Code.

History:

[25-903, added 1998, ch. 345, sec. 1, p. 1096.]
Idaho Code § 25-145 — Idaho Code / Title 25 / Chapter 1 / Section 25-145
25-145 QUARANTINE OF DISEASED ANIMALS.
Status: in_force

25-145. Quarantine of diseased animals. The representatives of the board or any inspector or agent of the bureau of animal industry of the United States department of agriculture shall have authority to quarantine, 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 quarantine shall be immediately reported to the board and said board is authorized and empowered to prescribe 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 so quarantined. 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, dip or dispose of such animals, except in accordance with said rules and regulations of the board.

History:

[25-145, added 1951, ch. 250, sec. 20, p. 527; am. 2012, ch. 117, sec. 13, p. 326.]
Idaho Code § 25-3804 — Idaho Code / Title 25 / Chapter 38 / Section 25-3804
25-3804 DESIGN AND CONSTRUCTION.
Status: in_force

25-3804. Design and construction. All new or modified liquid waste systems shall be designed by licensed professional engineers, approved by the director of the department of agriculture for compliance with the provisions of this chapter, and constructed in accordance with standards and specifications either approved by the director for management of odors or in accordance with any existing relevant memorandums of understanding with the department of environmental quality. Provided however, that all persons shall submit plans and specifications for new or modified liquid waste systems to the director for approval and shall not begin construction of a liquid waste system prior to approval of plans and specifications by the director. If construction is commenced prior to receiving necessary approval, the director may order construction activities to be ceased. No material deviation shall be made from the approved plans and specifications without the prior written approval of the director. Within thirty (30) days of completion of construction, alteration or modification of any new or modified liquid waste system, complete and accurate plans and specifications depicting the actual construction, alteration or modification performed must be submitted by the operator to the director. If construction does not materially deviate from the plans approved by the director, a statement to that effect shall be filed by the agricultural operation with the director.

History:

[25-3804, added 2001, ch. 383, sec. 1, p. 1342; am. 2002, ch. 261, sec. 3, p. 782.]
Idaho Code § 25-2806 — Idaho Code / Title 25 / Chapter 28 / Section 25-2806
25-2806 LIABILITY FOR LIVESTOCK AND POULTRY KILLED BY DOGS.
Status: in_force

25-2806. Liability for livestock and poultry killed by dogs. The owner, possessor, or harborer of any dog or animal that kills, worries, or wounds any livestock and poultry which are raised and kept in captivity for domestic or commercial purposes, is liable to the owner of the same for the damages and costs of suit, to be recovered before any court of competent jurisdiction:

1. In the prosecution of actions under the provisions of this section it is not necessary for the plaintiff to show that the owner, possessor, or harborer of such dog or other animal had knowledge of the fact that such dog or other animal would kill or wound livestock or poultry which are raised and kept in captivity for domestic or commercial purposes.

2. Any person, on finding any dog, not on the premises of its owner or possessor, worrying, wounding, or killing any livestock or poultry which are raised and kept in captivity for domestic or commercial purposes, may, at the time of so finding said dog, kill the same, and the owners thereof can sustain no action for damages against any person so killing such dog.

History:

[(25-2806) 1866, p. 104, sec. 4; R.S., sec. 1205; reen. R.C. & C.L., sec. 1220; C.S., sec. 1911; I.C.A., sec. 24-2406; am. 1947, ch. 170, sec. 1, p. 427; am. 1955, ch. 200, sec. 3, p. 429.]
Idaho Code § 25-602 — Idaho Code / Title 25 / Chapter 6 / Section 25-602
25-602 DUTIES OF COUNTY COMMISSIONERS.
Status: in_force

25-602. Duties of county commissioners. The department is hereby authorized to cooperate with veterinary services and with the boards of county commissioners of this state (hereinafter referred to as commissioners), and it is hereby made the duty of the commissioners to cooperate with said department and veterinary services for the purpose of preventing reintroduction or eradicating said disease from Idaho cattle and other animals under the provisions of this chapter and the rules and regulations of the department.

History:

[25-602, added 1939, ch. 150, sec. 2, p. 267; am. 1988, ch. 114, sec. 2, p. 206; am. 1993, ch. 13, sec. 2, p. 50.]
Idaho Code § 25-221 — Idaho Code / Title 25 / Chapter 2 / Section 25-221
25-221 IMPORTATION OF LIVESTOCK AND OTHER ANIMALS.
Status: in_force

25-221. Importation of livestock and other animals. 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 livestock or other animals unless they are accompanied by a certificate of veterinary inspection, other approved certificate or permit, or certificate and permit showing the livestock or other animals to be free from contagious, infectious or communicable diseases or exposure thereto, the certificate or permit to be rendered in such form and manner as may be provided in the rules and regulations of the division. It shall further be unlawful to alter, change or modify an issued certificate or permit.

History:

[(25-221) 1919, ch. 35, sec. 16, p. 126; C.S., sec. 1858; I.C.A., sec. 24-221; am. 1974, ch. 18, sec. 116, p. 364; am. 1982, ch. 21, sec. 2, p. 25; am. 1991, ch. 36, sec. 2, p. 73; am. 1993, ch. 16, sec. 15, p. 65.]
Idaho Code § 25-3701 — Idaho Code / Title 25 / Chapter 37 / Section 25-3701
25-3701 DOMESTIC CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT.
Status: in_force

25-3701. Domestic cervidae farming deemed agricultural pursuit. It shall be lawful for any person, association or corporation to breed, own or control domestic cervidae, which are defined as fallow deer (dama dama), elk (cervus elaphus) or reindeer (rangifer tarandus), but shall not include red deer (urasian cervidae) or any subspecies or hybrids thereof, and hold such animal in captivity for breeding or other useful purposes on domestic cervidae farms or ranches, provided the premises have been registered with the division of animal industries. For the purposes of all classification and administration of the laws of the state of Idaho, and all administrative orders and rules pertaining thereto, the breeding, raising, producing, harvesting or marketing of such animals or their products by the producer or his agent shall be deemed an agricultural pursuit; such animals shall be deemed livestock and their products shall be deemed agricultural products; the persons engaged in such agricultural pursuits shall be deemed farmers, cervidae farmers, cervidae breeders or cervidae ranchers; the premises within which such pursuit is conducted shall be deemed farms, cervidae farms, or cervidae ranches.

History:

[(25-3701) 25-3501, added 1994, ch. 73, sec. 1, p. 151; am. and redesig. 2004, ch. 182, sec. 2, p. 570; am. 2021, ch. 245, sec. 1, p. 762.]
Idaho Code § 25-3709 — Idaho Code / Title 25 / Chapter 37 / Section 25-3709
25-3709 SEVERABILITY.
Status: in_force

25-3709. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of application 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:

[(25-3709) 25-3509, added 1994, ch. 73, sec. 1, p. 153; am. and redesig. 2005, ch. 25, sec. 36, p. 97.]
Idaho Code § 25-1728 — Idaho Code / Title 25 / Chapter 17 / Section 25-1728
25-1728 MARKET CHARTER FEE — PUBLIC LIVESTOCK MARKET FUND — APPROPRIATION — PAYMENT OF CLAIMS.
Status: in_force

25-1728. Market charter fee — Public livestock market fund — Appropriation — Payment of claims. (1) Every livestock market operator shall pay annually, on or before May 1, a market charter fee established by rules of the director but not in excess of two hundred dollars ($200) to the director for each public livestock market operated by him, which payment shall constitute a renewal of his license for one (1) year.

(2) The director shall promptly remit said fees to the state treasurer of the state of Idaho and the sums so paid under the provisions of this act shall be held by the state treasurer as a separate fund to be known as the "Public Livestock Market Fund," which said fund is hereby created by this act. The state controller is hereby authorized, upon presentation of the proper vouchers or claims against said fund, approved by the director and the state board of examiners, as provided by law, to draw his warrant upon said fund.

(3) All moneys in or hereafter to come into said fund are hereby appropriated to said director for the purpose of carrying out the objects of this act and to pay all costs and expenses heretofore or hereafter incurred therein or connected therewith. For the purpose of carrying out the objects of this act, and in the exercise of the powers therein granted, and duties hereby imposed, the director shall have power to make orders concerning the disbursement of said fund.

History:

[25-1728, added 1961, ch. 201, sec. 10, p. 310; am. 1965, ch. 65, sec. 3, p. 100; am. 1974, ch. 18, sec. 153, p. 364; am. 1994, ch. 180, sec. 40, p. 453.]
Idaho Code § 25-4002 — Idaho Code / Title 25 / Chapter 40 / Section 25-4002
25-4002 DEFINITIONS.
Status: in_force

25-4002. DEFINITIONS. As used in this chapter:

(1) "Administrator" means the administrator, or his designee, for the animal industries division of the Idaho department of agriculture.

(2) "Animal feeding operation" or "AFO" means a lot or facility where the following conditions are met:

(a) Poultry have been, are, or will be confined and fed or maintained for a total of forty-five (45) days or more in any twelve (12) month period; and

(b) Crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(3) "Animal waste" or "manure" means manure, bedding, compost and raw materials or other materials commingled with manure or set aside for disposal.

(4) "Best management practices" means practices, techniques or measures which are determined to be reasonable precautions, are a cost-effective and practicable means of preventing or reducing pollutants from point sources or nonpoint sources to a level compatible with environmental goals, including water quality goals and standards for waters of the state.

(5) "Concentrated animal feeding operation" or "CAFO" means an AFO that is defined as a large poultry CAFO or as a medium poultry CAFO by the terms of this chapter, or that is designated as a CAFO in accordance with section 25-4011, Idaho Code. Two (2) or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal of wastes.

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

(7) "Director" means the director of the Idaho department of agriculture or his designee.

(8) "Land application" means the spreading on, or incorporation of, animal waste into the soil mantle primarily for beneficial purposes.

(9) "Land application area" means land under the control of an AFO owner or operator, whether it is owned, rented or leased, to which manure, litter or process wastewater from the production area is or may be applied.

(10) "Large poultry CAFO" means a poultry AFO that confines as many or more than the number of poultry specified in the following categories:

(a) Fifty-five thousand (55,000) turkeys;

(b) Thirty thousand (30,000) laying hens or broilers, if the AFO uses a liquid manure handling system;

(c) One hundred twenty-five thousand (125,000) chickens, other than laying hens, if the AFO uses other than a liquid manure handling system;

(d) Eighty-two thousand (82,000) laying hens, if the AFO uses other than a liquid manure handling system;

(e) Thirty thousand (30,000) ducks, if the AFO uses other than a liquid manure handling system; or

(f) Five thousand (5,000) ducks, if the AFO uses a liquid manure handling system.

(11) "Medium poultry CAFO" means any poultry AFO which confines:

(a) Sixteen thousand five hundred (16,500) to fifty-four thousand nine hundred ninety-nine (54,999) turkeys;

(b) Nine thousand (9,000) to twenty-nine thousand nine hundred ninety-nine (29,999) laying hens or broilers, if the AFO uses a liquid manure handling system;

(c) Thirty-seven thousand five hundred (37,500) to one hundred twenty-four thousand nine hundred ninety-nine (124,999) chickens, other than laying hens, if the AFO uses other than a liquid manure handling system;

(d) Twenty-five thousand (25,000) to eighty-one thousand nine hundred ninety-nine (81,999) laying hens, if the AFO uses other than a liquid manure handling system;

(e) Ten thousand (10,000) to twenty-nine thousand nine hundred ninety-nine (29,999) ducks, if the AFO uses other than a liquid manure handling system; or

(f) One thousand five hundred (1,500) to four thousand nine hundred ninety-nine (4,999) ducks, if the AFO uses a liquid manure handling system.

(12) "Modification" or "modified" means structural changes and alterations to the wastewater storage containment facility which would require increased storage or containment capacity or such changes which would alter the function of the wastewater storage containment facility.

(13) "Noncompliance" means a practice or condition that causes an unauthorized discharge, or a practice or condition, that if left uncorrected, will cause an unauthorized discharge, or a condition on the poultry CAFO that does not meet the requirements of the nutrient management standard, nutrient management plan, and 2004 American society of agricultural and biological engineers (ASABE) construction standard for waste containment systems.

(14) "Nutrient management plan" means a plan prepared in conformance with the nutrient management standard, provisions required by 40 CFR 122.42(e)(1), or other equally protective standard for managing the amount, placement, form and timing of the land application of nutrients and soil amendments.

(15) "Nutrient management standard" means the 2007 publication by the United States department of agriculture, natural resources conservation service, conservation practice standard, nutrient management code 590 or other equally protective standard approved by the director.

(16) "Person" means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity, that is recognized by law as the subject of rights and duties.

(17) "Poultry" means chickens, turkeys, ducks, geese and any other bird raised in captivity.

(18) "Process wastewater" means water directly or indirectly used in the operation of the AFO for any or all of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning or flushing pens, barns, manure pits or other AFO facilities; direct contact swimming, washing or spray cooling of animals; or dust control. Process wastewater also includes any water which comes into contact with any raw materials, products or byproducts including manure, litter, feed, milk, eggs or bedding.

(19) "Production area" means that part of an AFO that includes the animal confinement area, the manure storage area, the raw materials storage area and the waste containment area. The animal confinement area includes, but is not limited to, open lots, housed lots, feedlots, confinement houses, barnyards and animal walkways. The manure storage area includes, but is not limited to, lagoons, runoff ponds, storage sheds, stockpiles, under house or pit storages, liquid impoundments, static piles and composting piles. The raw materials storage area includes, but is not limited to, feed silos, silage bunkers and bedding materials. The waste containment area includes, but is not limited to, settling basins and areas within berms and diversions which separate uncontaminated storm water. Also included in the definition of "production area" is any egg washing or egg processing facility, and any area used in the storage, handling, treatment or disposal of mortalities.

(20) "Unauthorized discharge" means a discharge of process wastewater or manure to state surface waters that is not authorized by an NPDES permit or the release of process wastewater or manure to waters of the state that does not meet the requirements of this chapter.

(21) "Wastewater storage and containment facilities" means the portion of an AFO where manure or process wastewater is stored or collected. This may include corrals, feeding areas, waste collection systems, waste conveyance systems, waste storage ponds, waste treatment lagoons and evaporative ponds.

(22) "Waters of the state" means all accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the state.

History:

[25-4002, added 2011, ch. 227, sec. 1, p. 615.]
Idaho Code § 25-3110 — Idaho Code / Title 25 / Chapter 31 / Section 25-3110
25-3110 MEETINGS.
Status: in_force

25-3110. Meetings. The commission shall meet at least once every three (3) months regularly and at such other times as called by the chairman. The chairman may call special meetings of the commission at any time or place.

History:

[25-3110, added 1969, ch. 140, sec. 10, p. 435.]
Idaho Code § 25-1735 — Idaho Code / Title 25 / Chapter 17 / Section 25-1735
25-1735 LICENSED WEIGHMASTER.
Status: in_force

25-1735. Licensed weighmaster. No market charter or renewal charter to establish or operate any public livestock market within the state of Idaho shall be issued nor shall any duly licensed public livestock market within this state continue to operate unless the livestock handled by said public livestock market shall be weighed by a licensed weighmaster.

History:

[25-1735, added 1961, ch. 201, sec. 17, p. 310.]
Idaho Code § 25-2504 — Idaho Code / Title 25 / Chapter 25 / Section 25-2504
25-2504 POWERS AND DUTIES.
Status: in_force

25-2504. Powers and duties. The board shall have the following powers and duties:

(1) To conduct scientific research for the benefit of the health of the horse;

(2) To enter into contracts which it deems appropriate in carrying out the promotion of the horse industry of this state;

(3) To sue and be sued as a board, without individual liability of the board members, when the board is acting within the scope of the powers of the board;

(4) To make grants, donations, or contributions to any agency which will promote the horse industry of this state on a national, state or local level;

(5) To employ subordinate officers and employees of the board, prescribe their duties and fix their compensation;

(6) To accept grants, donations, contributions or gifts, from any source for expenditures for any purpose consistent with the provisions of this chapter;

(7) To prepare each year a proposed budget of the board for the next succeeding fiscal year, and to provide upon request a copy of the proposed budget to any person who pays an assessment under this chapter;

(8) To 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; and

(9) To conduct public relations programs for the horse industry.

History:

[25-2504, added 1987, ch. 214, sec. 1, p. 458.]
Idaho Code § 25-152 — Idaho Code / Title 25 / Chapter 1 / Section 25-152
25-152 SEVERABILITY.
Status: in_force

25-152. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.

History:

[25-152, added 1997, ch. 116, sec. 13, p. 298.]
Idaho Code § 25-134 — Idaho Code / Title 25 / Chapter 1 / Section 25-134
25-134 ENTRANCE INTO STATE BY FEDERAL AUTHORITIES.
Status: in_force

25-134. Entrance into state by federal authorities. The board is authorized to give its consent that the bureau of animal industry of the United States and its employees shall come within the state of Idaho for the purposes connected with the exportation of diseased sheep and for the suppression and extirpation of any contagious, infectious or communicable disease among sheep.

History:

[25-134, added 1951, ch. 250, sec. 9, p. 527.]
Idaho Code § 25-2113 — Idaho Code / Title 25 / Chapter 21 / Section 25-2113
25-2113 PENALTY FOR RANGING STOCK IN TOWNS.
Status: in_force

25-2113. Penalty for ranging stock in towns. Any person or persons, or the agent or employee of such person or persons, violating the provisions of the last section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).

History:

[(25-2113) 1901, p. 158, sec. 2; reen. R.C. & C.L., sec. 1289; C.S., sec. 1982; I.C.A., sec. 24-1813.]
Idaho Code § 25-3120 — Idaho Code / Title 25 / Chapter 31 / Section 25-3120
25-3120 INSPECTION OF PREMISES AND RECORDS.
Status: in_force

25-3120. Inspection of premises and records. The commission through its agents may inspect the premises and records of any dealer and/or producer-handler for the purpose of enforcing this act.

History:

[25-3120, added 1969, ch. 140, sec. 20, p. 435.]
Idaho Code § 25-2911 — Idaho Code / Title 25 / Chapter 29 / Section 25-2911
25-2911 ASSESSMENT LIENS — PRIORITY.
Status: in_force

25-2911. Assessment liens — Priority. All assessments which become due and owing under the provisions of this act shall constitute a lien upon the cattle sold which shall be prior to all liens except those having priority under state law.

History:

[25-2911, added 1967, ch. 222, sec. 11, p. 670.]
Idaho Code § 25-3111 — Idaho Code / Title 25 / Chapter 31 / Section 25-3111
25-3111 POLICIES — DUTIES, AUTHORITIES, AND POWERS.
Status: in_force

25-3111. Policies — Duties, authorities, and powers. (1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes.

(2) In the administration of this chapter, the commission shall have the following duties, authorities and powers:

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

(b) To find new markets for dairy products and their by-products.

(c) To give, publicize and promulgate reliable information showing the value of milk, cream, and dairy products for any purpose for which they are found useful and profitable.

(d) To make public and encourage the widespread national and international use of dairy products and by-products produced in Idaho.

(e) To investigate and participate in studies of the problems peculiar to the dairy producers in Idaho.

(f) To take such action as the commission deems necessary or advisable in order to stabilize and protect the dairy industry of the state and the health and welfare of the public.

(g) To sue and be sued.

(h) To enter into such contracts as may be necessary or advisable.

(i) To employ, and at its pleasure discharge, officers, agents, attorneys and such other personnel as it deems necessary, including experts in agriculture and dairying and the publicizing of the products thereof, and to prescribe their duties and to fix their compensation.

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

(k) 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 commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity in reciprocal enforcement.

(l) To lease, purchase or own real or personal property deemed necessary in the administration of this chapter.

(m) To investigate and prosecute in the name of the state of Idaho violations of the provisions of this chapter or any suit or action for collection of the tax or assessment provided for in this chapter, or to protect brands, marks, brand names, trademarks or other intellectual property rights being promoted or used by the commission.

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

(o) To incur indebtedness and carry on all business activities.

(p) 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 public at all times.

History:

[25-3111, added 1969, ch. 140, sec. 11, p. 435; am. 1994, ch. 180, sec. 41, p. 453; am. 2013, ch. 176, sec. 5, p. 409.]
Idaho Code § 25-2909 — Idaho Code / Title 25 / Chapter 29 / Section 25-2909
25-2909 DEPOSIT AND DISBURSEMENT OF FUNDS.
Status: in_force

25-2909. Deposit and disbursement of funds. Immediately upon receipt, all moneys received by the council shall be deposited in one or more separate accounts in the name of the council in one or more banks or trust companies approved under chapter 27 of title 67, Idaho Code, as state depositories. The council shall designate such banks or trust companies. All funds so deposited are hereby appropriated for the purpose of carrying out the provisions of this act.

Funds 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 council.

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

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

History:

[25-2909, added 1967, ch. 222, sec. 9, p. 670.]
Idaho Code § 25-1301 — Idaho Code / Title 25 / Chapter 13 / Section 25-1301
25-1301 PENALTY FOR DRIVING LIVESTOCK FROM RANGE — EVIDENCE WARRANTING CONVICTION.
Status: in_force

25-1301. Penalty for driving livestock from range — Evidence warranting conviction. Any person, not the owner or entitled to the possession, who knowingly and willfully drives, rides, or leads, or assists to drive, ride or lead or transport by motor vehicle any head of livestock away from its usual range is guilty of a misdemeanor.

Proof that such person was driving, riding or leading or transporting by motor vehicle such livestock more than five (5) miles from its usual range is evidence sufficient to warrant a conviction, unless the evidence produced on the trial shows that the accused acted in good faith and with an innocent purpose.

History:

[(25-1301) 1881, p. 295, sec. 13; am. R.S., sec. 1181; reen. R.C. & C.L., sec. 1241; am. 1919, ch. 176, sec. 1, p. 553; C.S., sec. 1934; I.C.A., sec. 24-1103; am. 1969, ch. 44, sec. 1, p. 122.]
Idaho Code § 25-2912 — Idaho Code / Title 25 / Chapter 29 / Section 25-2912
25-2912 FAILURE OR REFUSAL TO PAY ASSESSMENT.
Status: in_force

25-2912. Failure or refusal to pay assessment. The assessment levied by this chapter is mandatory; and failure or refusal to pay the same shall constitute a misdemeanor.

History:

[25-2912, added 1967, ch. 222, sec. 12, p. 670.]
Idaho Code § 25-2408 — Idaho Code / Title 25 / Chapter 24 / Section 25-2408
25-2408 CIVIL LIABILITY.
Status: in_force

25-2408. Civil liability. The owner of animals permitted or allowed to run at large, or herded in violation of any order made in accordance with the provisions of section 25-2404, shall be liable to any person who shall suffer damage from the depredations or trespasses of such animals, without regard to the condition of his fence; and the person so damaged shall have a lien upon said animals for the amount of damage done, and the cost of the proceedings to recover the same, and may take the animals into custody until all such damages are paid: provided, that the person so taking said animals into custody shall not have the right to retain the same for more than five (5) days without commencing an action against the owner thereof for such damages. Said damages may be recovered by a civil action before any court of competent jurisdiction, and no such action shall be defeated or affected by reason of any criminal action commenced or prosecuted against the same party under the provisions of the preceding section.

History:

[(25-2408) 1907, p. 126, sec. 7; reen. R.C. & C.L., sec. 1308; am. 1919, ch. 184, sec. 1, p. 566; C.S., sec. 2017; I.C.A., sec. 24-2107.]
Idaho Code § 25-807 — Idaho Code / Title 25 / Chapter 8 / Section 25-807
25-807 FEES.
Status: in_force

25-807. Fees. The division of animal industries of the state of Idaho is authorized to charge every applicant for a license a fee of twenty-five dollars ($25.00) which shall accompany the application. A license shall be issued to each successful applicant without the payment of an additional fee. The request of each person so licensed for an annual renewal license shall be accompanied by a fee of five dollars ($5.00).

All receipts from the above mentioned license payments shall be placed in the livestock disease control fund.

History:

[25-807, added 1945, ch. 180, sec. 7, p. 274; am. 1947, ch. 6, sec. 1, p. 7; am. 1974, ch. 18, sec. 141, p. 364; am. 1984, ch. 17, sec. 1, p. 19.]
Idaho Code § 25-2612 — Idaho Code / Title 25 / Chapter 26 / Section 25-2612
25-2612 ANIMAL DAMAGE CONTROL DISTRICTS.
Status: in_force

25-2612. Animal damage control districts. (1) There are hereby established five (5) animal damage control districts in the state of Idaho.

(a) Animal damage control district number 1 shall consist of the counties of Benewah, Bonner, Boundary, Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce and Shoshone.

(b) Animal damage control district number 2 shall consist of the counties of Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley and Washington.

(c) Animal damage control district number 3 shall consist of the counties of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka and Twin Falls.

(d) Animal damage control district number 4 shall consist of the counties of Bannock, Bear Lake, Bingham, Caribou, Franklin, Oneida and Power.

(e) Animal damage control district number 5 shall consist of the counties of Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison and Teton.

(2) A board of directors for each animal damage control district is hereby created. The board of directors of an animal damage control district shall consist of one (1) director appointed by the board of county commissioners from each of the participating counties within the district. Nomination for directors shall be made to the county commissioners by livestock and agriculturally oriented groups which have a vested and economic interest in the animal damage control program, and appointees must have a substantial vested and economic interest in the livestock or other agricultural industry. The length of term shall be two (2) years. A director shall receive such compensation as may be fixed by order of the district animal damage control board, and shall be entitled to expense reimbursement in the same manner as a county employee; compensation and expense reimbursement shall be made from the moneys available to the district animal damage control board.

(3) The board of directors shall meet at least annually. Such meeting shall be called at the direction of the chairman of the board or by a majority of the directors in that district. At said annual meeting, the board of directors shall organize by electing from amongst its members a chairman, a vice chairman, and such other officers as may be necessary. They shall also establish operating rules for the board and approve annual work plans for the animal damage control programs. After the annual meeting, the board of directors shall meet at such times and places as are required by the board's rules.

(4) The board of directors shall have authority to receive and disperse funds from any source for the purpose of controlling predatory animal and other vertebrate pest damage in the district. Any moneys received by the board shall be maintained on deposit in a bank or trust company designated as a state depository, and may be dispersed from such account only over the signature of at least two (2) members of the board.

(5) All contracts and agreements between the board of directors and any agency, unit of government, association, organization or private party shall be reduced to writing, and shall be maintained as a part of the official records of the board.

History:

[(25-2612) 1985, ch. 63, sec. 12, p. 133; 25-2629 redesignated 25-2612, 1989, ch. 210, sec. 12, p. 518.]
Idaho Code § 25-1734 — Idaho Code / Title 25 / Chapter 17 / Section 25-1734
25-1734 PENALTIES.
Status: in_force

25-1734. Penalties. Any person who shall violate any provision or requirement of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $200 nor more than $1,000, or by imprisonment in the county jail for a period not exceeding 30 days, or by both such fine and imprisonment. Each day any person operates or conducts a public livestock market in the state without a charter as prescribed in this act shall be considered a separate offense. The board is empowered to institute proceedings to enjoin the operation of a public livestock market if the person sought to be enjoined is operating a public livestock market without a market charter in good standing as provided in this act.

History:

[25-1734, added 1961, ch. 201, sec. 16, p. 310.]
Idaho Code § 25-3107 — Idaho Code / Title 25 / Chapter 31 / Section 25-3107
25-3107 PRODUCER MEMBERS — NOMINATIONS — ELECTIONS.
Status: in_force

25-3107. Producer members — Nominations — Elections. Producer members of the commission shall be nominated and elected by producers within the district that such producer members represent in the year in which a commission member's term shall expire. Such producer members receiving the largest number of the votes cast in the respective districts which they represent shall be elected. The election shall be by secret mail ballot and under the supervision of the department.

Nomination for candidates to be elected to the commission shall be conducted by a nominating committee consisting of at least one (1) Idaho dairy products commission board member from each district. A commissioner who is up for reelection shall not serve on the committee. Thirty (30) days prior to the date of election, the nominating committee will present at least one (1) and not more than three (3) qualified names per district to be placed on the ballot. In addition thereto, producer members of the commission may be nominated by a petition of nomination signed by not less than ten (10) active producers, each of whom shall reside in the district wherein the nominee resides, and the names of all such nominees nominated by petition shall be presented to the department not later than May 1 of the year in which the election for such district is to be held.

Ballots for electing members to the commission will be mailed by the commission to all eligible producers no later than May 15 in districts where elections are to be held and such ballots to be valid shall be returned postmarked no later than May 31 of the year mailed to the department.

All costs and expenses of the department shall be paid by the commission. All materials and other necessary supplies shall be provided to the department at its request.

History:

[25-3107, added 1969, ch. 140, sec. 7, p. 435; am. 2013, ch. 176, sec. 3, p. 408; am. 2016, ch. 38, sec. 2, p. 88.]
Idaho Code § 25-3604 — Idaho Code / Title 25 / Chapter 36 / Section 25-3604
25-3604 RULES FOR DISEASE PREVENTION.
Status: in_force

25-3604. Rules for 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 prevention of the introduction or dissemination of diseases among domestic ratite animals of this state, and to otherwise effectuate enforcement of the provisions of chapter 2, title 25, Idaho Code, applicable to domestic ratite animals.

History:

[(25-3604) 25-3504, added 1994, ch. 72, sec. 1, p. 150; am. and redesig. 2005, ch. 25, sec. 27, p. 94.]
Idaho Code § 25-3607 — Idaho Code / Title 25 / Chapter 36 / Section 25-3607
25-3607 PROPERTY RIGHTS IN RATITE ANIMALS.
Status: in_force

25-3607. Property rights in ratite animals. Domestic ratite animals shall be, together with their offspring and increases, the subject of ownership, lien and absolute property rights, 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:

[(25-3607) 25-3507, added 1994, ch. 72, sec. 1, p. 150; am. and redesig. 2005, ch. 25, sec. 30, p. 95.]
Idaho Code § 25-3402 — Idaho Code / Title 25 / Chapter 34 / Section 25-3402
25-3402 DECLARATION OF PURPOSE.
Status: in_force

25-3402. Declaration of purpose. It is in the public interest for the state to enable producers of porcine animals to assess themselves in order to raise funds to promote the interests of the pork industry and to control porcine diseases.

History:

[25-3402, added 1992, ch. 260, sec. 1, p. 753.]
Idaho Code § 25-3113 — Idaho Code / Title 25 / Chapter 31 / Section 25-3113
25-3113 BONDS OF AGENTS AND EMPLOYEES.
Status: in_force

25-3113. bonds of agents and employees. The director, or any agent or employee appointed by the commission, shall be bonded to the state of Idaho in the time, form and manner as prescribed by the provisions of chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.

History:

[25-3113, added 1969, ch. 140, sec. 13, p. 435; am. 2013, ch. 176, sec. 6, p. 410.]
Idaho Code § 25-2101 — Idaho Code / Title 25 / Chapter 21 / Section 25-2101
25-2101 HOGS NEED NOT BE FENCED AGAINST.
Status: in_force

25-2101. Hogs need not be fenced against. The owner or occupant of premises is not required to fence against hogs.

History:

[(25-2101) R.S., sec. 1340; reen. R.C. & C.L., sec. 1278; C.S., sec. 1970; I.C.A., sec. 24-1801.]
Idaho Code § 25-2802 — Idaho Code / Title 25 / Chapter 28 / Section 25-2802
25-2802 LICENSE TAGS — PROCEEDS OF TAX.
Status: in_force

25-2802. License tags — Proceeds of tax. Said license shall be paid in accordance with provisions of section 25-2801, Idaho Code, to the office or officer of the county as designated by the board of county commissioners of said county, who shall thereupon give to the person paying it a receipt reciting the owner's name and the number of the license, and also a metal tag or disc bearing the year of issue, the name of the county, and a license number corresponding with that mentioned in the receipt. The proceeds thereof shall be paid into the general fund of the county. In the event of loss of license tag, a duplicate, so stamped, shall be provided the owner by the county, at a reasonable cost for each duplicate tag.

History:

[(25-2802) 1927, ch. 20, sec. 2, p. 24; I.C.A., sec. 24-2402; am. 1955, ch. 200, sec. 2, p. 429; am. 1978, ch. 299, sec. 1, p. 756; am. 1985, ch. 9, sec. 2, p. 13.]
Idaho Code § 25-1729 — Idaho Code / Title 25 / Chapter 17 / Section 25-1729
25-1729 TRANSFERS OF MARKET CHARTERS — HEARING AND CHARTER FEES.
Status: in_force

25-1729. Transfers of market charters — Hearing and charter fees. Each market charter is personal to the holder and the facilities covered thereby, and transferable only upon application in the same form and manner as new applications for such market charters. A change in the membership of a partnership or association, or the sale or transfer, directly or indirectly, of a controlling interest in the stock ownership of a corporate market charter holder shall be deemed a transfer of the market charter, subject to the requirements of this section.

Any transfer of a market charter shall be accompanied by a processing fee of one hundred dollars ($100), which sum shall not be returnable to the applicant and which sum shall be remitted by the director to the public livestock market fund. Each such application shall also be accompanied by a separate remittance of the annual charter fee. If within ten (10) days after notice to those persons to whom notice is required to be given by section 25-1725, Idaho Code, a request for a hearing is not made by such a person, the director may transfer a market charter without a hearing if he finds that such a transfer meets the conditions required for a new charter but should a hearing be necessary, an additional fee of one hundred fifty dollars ($150) shall be remitted to the director before the proceedings shall begin.

History:

[25-1729, added 1961, ch. 201, sec. 11, p. 310; am. 1965, ch. 65, sec. 4, p. 100; am. 1967, ch. 221, sec. 1, p. 667; am. 1974, ch. 18, sec. 154, p. 364; am. 1985, ch. 238, sec. 5, p. 566.]
Idaho Code § 25-613 — Idaho Code / Title 25 / Chapter 6 / Section 25-613
25-613 VACCINATION METHOD OF CONTROL.
Status: in_force

25-613. Vaccination method of control. (1) The owner of any cattle who has such cattle vaccinated for protection against brucellosis shall have such cattle vaccinated by a veterinarian who is licensed and accredited in the state of Idaho or vaccinated by state or federal regulatory personnel.

(2) The director shall designate in rules the vaccine to be utilized, the vaccinal dose to be administered, age range of cattle that may be vaccinated, the method for identification of vaccinated cattle and the form and contents of reports to be made of cattle vaccinated.

(3) No person, firm, or corporation shall sell, give away, or in any manner place in the hands of any owner or caretaker of cattle any brucellosis vaccine, and only licensed and accredited veterinarians, and state or federal regulatory personnel, may inject brucellosis vaccine into any cattle.

History:

[25-613, added 1939, ch. 150, sec. 13, p. 267; am. 1988, ch. 114, sec. 11, p. 210; am. 1993, ch. 13, sec. 13, p. 53; am. 2002, ch. 102, sec. 1, p. 278.]
Idaho Code § 25-234 — Idaho Code / Title 25 / Chapter 2 / Section 25-234
25-234 FEEDING GARBAGE TO SWINE.
Status: in_force

25-234. Feeding garbage to swine. It shall be unlawful for any person to feed garbage to swine, or to deposit or receive such garbage on any premises where swine are kept, and no swine having fed on such garbage may be sold or removed from the premises.

Garbage as used in this section means putrescible animal or vegetable wastes containing animal parts, resulting from the handling, preparation, processing, cooking or consumption of food and which is collected from any source and includes animals or parts thereof as defined in section 25-3201, Idaho Code. The term shall not apply to private household wastes not removed from the premises where produced.

Any person, firm, partnership or corporation violating the provisions of this act shall, upon conviction thereof, be guilty of a misdemeanor. Each day the provisions of this act are violated shall constitute a separate offense.

History:

[I.C., sec. 25-234, as added by 1973, ch. 39, sec. 3, p. 73.]
Idaho Code § 25-3112 — Idaho Code / Title 25 / Chapter 31 / Section 25-3112
25-3112 DEPOSIT AND DISBURSEMENT OF FUNDS.
Status: in_force

25-3112. Deposit and disbursement of funds. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one or more separate accounts in the name of the commission in one or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.

(2) Funds 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 commission.

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

(4) Each year, during the legislative session, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1989, 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.

(5) All moneys received or expended by the commission shall be audited annually by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.

(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.

History:

[25-3112, added 1988, ch. 193, sec. 2, p. 349; am. 1993, ch. 327, sec. 13, p. 1203; am. 1994, ch. 180, sec. 42, p. 454; am. 1996, ch. 159, sec. 13, p. 516; am. 2003, ch. 32, sec. 16, p. 127; am. 2014, ch. 110, sec. 2, p. 320.]
Idaho Code § 25-203 — Idaho Code / Title 25 / Chapter 2 / Section 25-203
25-203 DIVISION OF ANIMAL INDUSTRIES — RULES AND REGULATIONS.
Status: in_force

25-203. Division of animal industries — Rules and regulations. The division shall be authorized and empowered to make, promulgate and enforce general and reasonable rules and regulations not inconsistent with law for the enforcement of the provisions of this chapter. A violation of such rules and regulations shall constitute a misdemeanor.

History:

[(25-203) 1919, ch. 35, sec. 2a, p. 122; C.S., sec. 1842; I.C.A., sec. 24-203; am. 1974, ch. 18, sec. 103, p. 364.]
Idaho Code § 25-2608 — Idaho Code / Title 25 / Chapter 26 / Section 25-2608
25-2608 DUTY TO CONTROL AGRICULTURAL PESTS.
Status: in_force

25-2608. Duty to control agricultural pests. It shall be the duty of every landowner in an agricultural pest control district, including federal, state, county, municipal government, or their agent, county highway district, independent highway district, public or private irrigation district or system, drainage district and railroad, on land owned or controlled by them, to control those agricultural pests declared as such by the board of county commissioners as provided in section 25-2601, Idaho Code.

History:

[(25-2608) I.C., sec. 25-2625, as added by 1974, ch. 299, sec. 3, p. 1760; 25-2625 am. and redesignated 25-2608, 1989, ch. 210, sec. 8, p. 518.]
Idaho Code § 25-307 — Idaho Code / Title 25 / Chapter 3 / Section 25-307
25-307 QUARANTINE WHEN OWNER REFUSES TO PERMIT TEST.
Status: in_force

25-307. Quarantine when owner refuses to permit test. The director of the department or administrator of the Idaho division of animal industries, or any deputy of such division, shall have the power to place any cattle, other bovidae, captive cervidae, captive antilocapridae or camelidae under quarantine when any owner or caretaker of such animals shall refuse to permit the tuberculin or other approved tuberculosis test to be applied to such animals in the manner provided in sections 25-301 through 25-306, Idaho Code. The notice of quarantine shall be in writing and any animals described therein shall not be transported or moved in any manner from the premises described in the quarantine notice. It shall be unlawful to sell, give away, offer for sale or transport any milk, milk products, or other products produced from the cattle, other bovidae, captive cervidae, captive antilocapridae or camelidae described in such notice of quarantine. Such administrator or his deputy shall furnish one (1) copy of the quarantine notice to the owner or caretaker of the cattle, other bovidae, captive cervidae, captive antilocapridae or camelidae; the original of which notice shall be placed in the hands of the sheriff of the county in which such cattle, other bovidae, captive cervidae, captive antilocapridae or camelidae are situated, and it shall be the duty of the sheriff to enforce the quarantine in accordance with such notice. The quarantine shall be removed whenever a satisfactory test has been made of the cattle, other bovidae, captive cervidae, captive antilocapridae or camelidae described in said notice.

History:

[(25-307) 1927, ch. 56, sec. 1, p. 69; I.C.A., sec. 24-307; am. 1974, ch. 18, sec. 132, p. 364; am. 1993, ch. 15, sec. 6, p. 57.]
Idaho Code § 25-902 — Idaho Code / Title 25 / Chapter 9 / Section 25-902
25-902 CONTINUING RIGHT TO GRAZING PREFERENCE.
Status: in_force

25-902. Continuing right to grazing preference. When a grazing preference right is made use of through sale, rental or other equitable distribution of base property to another person with the view of receiving benefit of grazing under the appurtenant preference right, such person, his heirs, executors, administrators, successors or assigns, shall not thereafter, without his consent, be deprived of the same without just compensation.

History:

[25-902, added 1998, ch. 345, sec. 1, p. 1096.]
Idaho Code § 25-2801 — Idaho Code / Title 25 / Chapter 28 / Section 25-2801
25-2801 COUNTY DOG LICENSE TAX.
Status: in_force

25-2801. County dog license tax. The board of county commissioners of any county, at any meeting in any year, may make an order requiring all owners of dogs over an age which is to be set at the discretion of the board, within certain areas to be designated by the board as requiring dog control and lying outside the corporate limits of municipalities which have enacted and are enforcing a dog license law, to pay an annual license tax set by the board of county commissioners in each county, the said tax to be paid not later than sixty (60) days from date of said meeting at which the order is enacted; provided, that where an owner keeps dogs for breeding or commercial purposes, he shall be entitled to a kennel license covering fifteen (15) dogs which fee will also be set by the board of county commissioners in each county. Said order shall be in force and effect for one (1) year from its date and thereafter until rescinded by order of the board; and notice of such order shall be published in some newspaper of general circulation within the county in the two (2) successive issues of said paper immediately following the meeting at which such action is taken by the board of county commissioners.

History:

[(25-2801) 1927, ch. 20, sec. 1, p. 24; I.C.A., sec. 24-2401; am. 1955, ch. 200, sec. 1, p. 429; am. 1965, ch. 169, sec. 1, p. 330; am. 1979, ch. 2, sec. 1, p. 5; am. 1985, ch. 9, sec. 1, p. 13.]
Idaho Code § 25-1161 — Idaho Code / Title 25 / Chapter 11 / Section 25-1161
25-1161 FEES — STATE BRAND ACCOUNT.
Status: in_force

25-1161. Fees — State brand account. All fees of every kind collected by the office of the state brand inspector or under any rules or regulations made pursuant to the provisions of this chapter shall be deposited in a separate dedicated account in the state treasury known as the "state brand account." The state treasurer shall invest the idle moneys of the state brand account, and the interest earned shall be retained in said account. All such moneys in said account are hereby continuously appropriated for the use and expenditure of said board in carrying out the provisions of this chapter and in the performance of all of its duties and the duties of the state brand inspector and in carrying out the rules and regulations that shall be made by the board, and for salaries and wages and other expenses of the office of the state brand inspector, the state brand board, and its employees for the purpose of fulfilling the duties of such office.

History:

[(25-1161) 1947, ch. 88, sec. 6, p. 149; am. 1973, ch. 168, sec. 3, p. 339; am. 1977, ch. 183, sec. 3, p. 512; am. 1988 & redesignated 25-1161, ch. 75, sec. 32, p. 126; am. 2025, ch. 160, sec. 6, p. 779.]
Idaho Code § 25-3521 — Idaho Code / Title 25 / Chapter 35 / Section 25-3521
25-3521 SEVERABILITY.
Status: in_force

25-3521. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.

History:

[25-3521, added 1994, ch. 346, sec. 20, p. 1097; am. 1996, ch. 229, sec. 15, p. 749.]
Idaho Code § 25-3509 — Idaho Code / Title 25 / Chapter 35 / Section 25-3509
25-3509 ARRESTS WITHOUT WARRANTS.
Status: in_force

25-3509. Arrests without warrants. Any sheriff, constable, police or peace officer, qualified under the provisions of law to make arrests may enter any place, building or tenement where there is an exhibition of the fighting of birds or animals or where preparations are being made for such an exhibition, and without a warrant, arrest all persons there present.

History:

[(25-3509) R.C., sec. 7153d, as added by 1909, p. 175, sec. 2; reen. C.L., sec. 7153d; C.S., sec. 8546; I.C.A., sec. 17-4207; reen. 1972, ch. 336, sec. 1, p. 885; am. and redesig. 1994, ch. 346, sec. 9, p. 1093.]
Idaho Code § 25-3703A — Idaho Code / Title 25 / Chapter 37 / Section 25-3703A
25-3703A OFFICIAL PERMANENT IDENTIFICATION.
Status: in_force

25-3703A. Official permanent identification. All domestic cervidae located in Idaho shall be identified with two (2) types of official permanent identification. At least one (1) of the official permanent identifications shall be visible from a minimum of one hundred fifty (150) feet.

History:

[25-3703A, added 2004, ch. 182, sec. 3, p. 570.]
Idaho Code § 25-147 — Idaho Code / Title 25 / Chapter 1 / Section 25-147
25-147 DISEASES — NOTICE TO STATE BOARD — EVIDENCE OF INFECTION — RULES.
Status: in_force

25-147. Diseases — Notice to state board — Evidence of infection — Rules. Whenever any sheep becomes affected or infected with any contagious, infectious or communicable disease or whenever symptoms of any contagious, infectious or communicable disease shall have developed in any sheep, notice shall be given in writing or facsimile to the board by the owner or agent in charge of such sheep. The board shall be authorized and empowered to make and promulgate rules not inconsistent with law, for the especial enforcement of this section as may by the board be deemed necessary to prevent the introduction or dissemination of any infection among sheep of this state.

History:

[25-147, added 1951, ch. 250, sec. 22, p. 527; am. 1997, ch. 116, sec. 11, p. 297.]
Idaho Code § 25-227 — Idaho Code / Title 25 / Chapter 2 / Section 25-227
25-227 SWINE — DISPOSAL OF DISEASED CARCASSES.
Status: in_force

25-227. Swine — Disposal of diseased carcasses. Any person, firm or corporation owning or having charge of any swine which have died of hog cholera, pseudorabies, or other contagious, infectious or communicable disease, shall within twenty-four (24) hours from the death of such animal, dispose of the carcass of such animal by burning or in such other manner as may be provided in the rules and regulations of the division.

History:

[(25-227) 1919, ch. 35, sec. 31, p. 131; C.S., sec. 1873; I.C.A., sec. 24-227; am. 1974, ch. 18, sec. 122, p. 364; am. 1991, ch. 36, sec. 7, p. 75.]
Idaho Code § 25-3806 — Idaho Code / Title 25 / Chapter 38 / Section 25-3806
25-3806 INSPECTIONS — RECORDS CONFIDENTIAL.
Status: in_force

25-3806. Inspections — Records confidential. The director or his designee is authorized to enter and inspect any agricultural operation and have access to or copy any facility records deemed necessary to ensure compliance with the provisions of this chapter or required odor management plans. Prior to conducting an investigation, the department shall notify the board of county commissioners for the county in which the agricultural operation is located and the board of county commissioners may have a designee accompany the director or his designee during the inspection. All records copied or obtained by the director or his designee as a result of an inspection pursuant to this section shall be confidential private records and shall be exempt from disclosure under chapter 1, title 74, Idaho Code, except:

(1) Records otherwise deemed to be public records not exempt from disclosure pursuant to chapter 1, title 74, Idaho Code; and

(2) Inspection reports, determinations of compliance or noncompliance and all other records created by the director or his designee pursuant to this section.

History:

[25-3806, added 2001, ch. 383, sec. 1, p. 1343; am. 2015, ch. 141, sec. 40, p. 413.]
Idaho Code § 25-211 — Idaho Code / Title 25 / Chapter 2 / Section 25-211
25-211 REPORTABLE DISEASES.
Status: in_force

25-211. Reportable diseases. It is hereby made the duty of all persons practicing veterinary medicine in this state, all owners or operators of any laboratory making tests for the following named diseases, or owners or persons in charge of livestock or other animals, to report to the division all cases of glanders, farcy, hog cholera, tuberculosis, anthrax, rabies, dourine, scabies, pseudorabies, trichomoniasis, or brucellosis that they may find existing among animals, within this state, within forty-eight (48) hours from the date that any such case shall come to their knowledge, providing, that any such report of any of the foregoing diseases made by any practicing veterinarian, or owner or operator of any laboratory shall be made upon forms prescribed and approved by the division of animal industries of the department of agriculture of the state of Idaho, and providing that no such practicing veterinarian or owner or operator of any laboratory in this state shall make any blood tests or other official tests upon any of such animals unless they are marked with an official ear tag, other approved identification device or tattoo mark, and the number of such tag, device or mark with the name and address of the owner or owners of such animals shall be included in such report.

History:

[(25-211) 1919, ch. 35, sec. 10, p. 124; C.S., sec. 1850; I.C.A., sec. 24-211; am. 1945, ch. 110, sec. 1, p. 169; am. 1974, ch. 18, sec. 110, p. 364; am. 1979, ch. 182, sec. 1, p. 536; am. 1989, ch. 6, sec. 1, p. 7; am. 1993, ch. 16, sec. 7, p. 61.]
Idaho Code § 25-2717 — Idaho Code / Title 25 / Chapter 27 / Section 25-2717
25-2717 USE OF FUNDS RECEIVED.
Status: in_force

25-2717. Use of funds received. All moneys received by the director from the enforcement of this chapter including, but not limited to, registration of feeds or feed ingredients, inspection fees and moneys collected for violation(s) of this chapter or rules promulgated under this chapter, shall be paid into the state treasury and placed in the "commercial feed and fertilizer fund." Moneys in the commercial feed and fertilizer fund are continuously appropriated for the purposes of carrying out the provisions of this chapter.

History:

[25-2717, added 2006, ch. 57, sec. 17, p. 181.]
Idaho Code § 25-3805 — Idaho Code / Title 25 / Chapter 38 / Section 25-3805
25-3805 FIRST TIME VIOLATORS — ODOR MANAGEMENT PLAN — EXCEPTIONS.
Status: in_force

25-3805. First time violators — Odor management plan — Exceptions. (1) If it is determined by the department that an agricultural operation, not to include those operations set forth within section 25-3801(2), Idaho Code, is generating odors in excess of levels associated with accepted agricultural practices, the agricultural operation shall be deemed to have committed a first time violation of the provisions of this chapter, provided that the agricultural operation has never been determined by the department to have committed a prior violation of the provisions of this chapter. The department shall provide the owner or operator of the agricultural operation with written notice of the violation and an opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.

(2) The department shall require any agricultural operation determined to have committed a first time violation of the provisions of this chapter to cooperate with the department and to develop and submit an odor management plan to the director for approval.

(3) All odor management plans shall be in writing and signed by the director of the department of agriculture and the owner or operator of the agricultural operation. Odor management plans shall designate a period of time in which the agricultural operation will be in full compliance with the plan and shall provide for periodic review by the department, no less than annually, for a period of three (3) years from the date of the plan. Failure to comply with the odor management plan shall constitute a subsequent violation of the provisions of this chapter.

(4) All approved odor management plans shall be implemented as approved by the director.

(5) If, after a reasonable period of time as determined by the department, an approved odor management plan does not reduce odor to a level associated with accepted agricultural practices, the department shall review the plan with the owner or operator of the agricultural operation and adjust the plan to meet the goals of this chapter.

(6) Odor management plans shall be designed to work in conjunction with any required nutrient management plans.

(7) An odor emission caused by an act of God or a mechanical failure shall not constitute a violation of this chapter provided that the agricultural operation from which the odor emission is emanating takes reasonable steps to promptly repair the cause of the emission.

History:

[25-3805, added 2001, ch. 383, sec. 1, p. 1342.]
Idaho Code § 25-204 — Idaho Code / Title 25 / Chapter 2 / Section 25-204
25-204 VETERINARIANS AND LIVESTOCK INSPECTORS.
Status: in_force

25-204. Veterinarians and livestock inspectors. When it shall be deemed necessary by reason of the prevalence of disease among any of the animals of this state, the division may employ deputy state veterinarians and livestock inspectors to assist in its control and eradication.

Veterinarians so employed shall be competent, qualified graduates in good standing of a veterinary college recognized by the United States department of agriculture. Each veterinarian shall receive a per diem not to exceed the reasonable value of his services and actual and necessary traveling expenses incurred in the performance of his duties, to be approved by the state veterinarian and director and paid as other like claims.

Livestock inspectors shall be competent and qualified to inspect and dip sheep for scabies, to supervise the cleaning and disinfecting of premises where any contagious, infectious or communicable disease has existed, and to perform such other duties as may be imposed by the division. They shall receive a per diem and actual and necessary traveling expenses incurred in the performance of their duties.

History:

[(25-204) 1919, ch. 35, sec. 3, p. 122; C.S., sec. 1843; I.C.A., sec. 24-204; am. 1947, ch. 42, sec. 1, p. 47; am. 1974, ch. 18, sec. 104, p. 364; am. 1985, ch. 63, sec. 11, p. 133; am. 1993, ch. 16, sec. 2, p. 59.]
Idaho Code § 25-221A — Idaho Code / Title 25 / Chapter 2 / Section 25-221A
25-221A DIVERSION OF LIVESTOCK AND OTHER ANIMALS.
Status: in_force

25-221A. Diversion of livestock and other animals. It shall be unlawful to divert livestock or other animals from destinations consigned on a certificate of veterinary inspection, other approved certificate or permit without notifying the division within seventy-two (72) hours following the diversion. When livestock or other animals are found not to be in compliance with the provisions of this chapter, the department of agriculture may order such livestock or other animals to be slaughtered, removed from the state, placed in an Idaho quarantined or approved feedlot or other approved facility.

History:

[25-221A, added 1982, ch. 21, sec. 3, p. 26; am. 1993, ch. 16, sec. 16, p. 65.]
Idaho Code § 25-2305 — Idaho Code / Title 25 / Chapter 23 / Section 25-2305
25-2305 NOTICE OF SALE TO OWNER.
Status: in_force

25-2305. Notice of sale to owner. If the owner of the stray livestock is known and can be located, a copy of the notice of sale shall be served upon the owner at least fifteen (15) days before the date of the sale. Service of the notice may be made by certified or registered mail.

History:

[I.C., sec. 25-2305, as added by 1976, ch. 88, sec. 2, p. 300.]
Idaho Code § 25-3115 — Idaho Code / Title 25 / Chapter 31 / Section 25-3115
25-3115 OFFICE FOR DIRECTOR.
Status: in_force

25-3115. Office for director. For the convenience of the majority of those most likely to be affected in the administration of this chapter, the director, upon recommendation of the commission, shall establish and maintain an office for the director within the state of Idaho.

History:

[25-3115, added 1969, ch. 140, sec. 15, p. 435; am. 2013, ch. 176, sec. 8, p. 410.]
Idaho Code § 25-1906 — Idaho Code / Title 25 / Chapter 19 / Section 25-1906
25-1906 SLAUGHTERING UNBRANDED CATTLE.
Status: in_force

25-1906. Slaughtering unbranded cattle. Any person who slaughters any head of neat cattle, before the same is distinctly marked or branded, is guilty of a misdemeanor.

History:

[(25-1906) 1883, p. 126, sec. 2; R.S., R.C., & C.L., sec. 6871; C.S., sec. 8332; I.C.A., sec. 24-1606.]
Idaho Code § 25-304 — Idaho Code / Title 25 / Chapter 3 / Section 25-304
25-304 BRINGING CATTLE OR OTHER ANIMALS INTO FREE AREA.
Status: in_force

25-304. Bringing cattle or other animals into free area. No cattle, other bovidae, captive cervidae, captive antilocapridae or camelidae shall be brought into any tuberculosis free county, counties, or areas, after the tuberculosis test provided for herein shall have been completed therein, except in compliance with regulations promulgated by the state department of agriculture, division of animal industries, in cooperation with the county commissioners.

History:

[(25-304) 1923, ch. 146, sec. 4, p. 214; I.C.A., sec. 24-304; am. 1974, ch. 18, sec. 130, p. 364; am. 1993, ch. 15, sec. 4, p. 57.]
Idaho Code § 25-2803 — Idaho Code / Title 25 / Chapter 28 / Section 25-2803
25-2803 DOGS AT LARGE — COLLAR AND TAG REQUIRED.
Status: in_force

25-2803. Dogs at large — Collar and tag required. No dog shall be permitted to go at large within the said county without having a collar about its neck with a license tag or disc attached thereto bearing the number of the license issued by the county as herein set forth, or by some municipality within said county. A violation of this section is an infraction punishable as provided in section 18-113A, Idaho Code.

History:

[(25-2803) 1927, ch. 20, sec. 3, p. 24; I.C.A., sec. 24-2403; am. 1999, ch. 245, sec. 1, p. 632.]
Idaho Code § 25-2704 — Idaho Code / Title 25 / Chapter 27 / Section 25-2704
25-2704 REGISTRATION.
Status: in_force

25-2704. Registration. (1) Each commercial feed except customer-formula feed shall be registered annually by the person who manufactures or distributes feed into or within the state of Idaho before being offered for sale, sold, or otherwise distributed in or into this state. It is the responsibility of each manufacturer or distributor of a commercial feed to ensure that those commercial feeds being distributed into or within the state of Idaho are properly registered by the manufacturer or distributor prior to distribution.

(2) The application for registration shall be submitted to the director on forms furnished by the department of agriculture, and shall be accompanied by a nonrefundable fee established by the director in rule not to exceed one hundred dollars ($100).

(3) The application for registration shall also be accompanied by a label describing the product, unless such label has not been altered since the last registration of the product. A label shall continue in effect unless it is canceled or changed by the registrant or unless canceled by the department of agriculture pursuant to subsection (7) of this section. The department may review a label at any time during the registration year, regardless of registration status, for compliance with this act. Should the department find that a label is not in compliance with this act after registration has been issued, the department may cancel registration of the product. Provided however, that no registration shall be canceled until the registrant shall have been given opportunity to amend the label within thirty (30) days of receipt of notice of intent to refuse or cancel registration in order to comply with the requirements of this chapter, or be given notice and opportunity for a hearing pursuant to the provisions of chapter 52, title 67, Idaho Code.

(4) All fees paid to the department of agriculture provided for in this section shall be paid to the state treasury, and placed in the commercial feed and fertilizer fund. Upon approval by the director a copy of the registration shall be furnished to the applicant. All registrations expire on September 30 of each year. If an application for registration renewal provided for in this section is not postmarked before November 1 of any one (1) year, a penalty of ten dollars ($10.00) per product shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration is issued.

(5) A distributor shall not be required to register any commercial feed which is already registered under the provisions of this chapter by another person provided the commercial feed is distributed in its original package or container or, if the commercial feed is distributed in bulk, the integrity of the original product is maintained and labeled with the registrant's original label or a copy of the registrant's original label.

(6) Changes in the guarantee of either chemical or ingredient composition of a commercial feed may be permitted provided satisfactory evidence is submitted showing that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed.

(7) The director is empowered to refuse registration of any application not in compliance with all provisions of this chapter and to cancel any registration when it is subsequently found to be in violation of any provision of this chapter or when the director has satisfactory evidence that the registrant has used fraudulent or deceptive practices in attempted evasion of the provisions of this chapter or rules thereunder.

Provided, however, that no registration shall be refused or canceled until the registrant shall have been given opportunity to amend their application within thirty (30) days of receipt of notice of intent to refuse or cancel registration in order to comply with the requirements of this chapter or be given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.

(8) If a product is found being offered for sale, sold, or otherwise distributed into or within Idaho prior to registration, the department is authorized to assess a penalty of twenty-five dollars ($25.00) on each product in addition to the annual registration fee as provided in this section.

History:

[(25-2704) 25-2718, added 1953, ch. 243, sec. 4, p. 366; am. 1955, ch. 251, sec. 1, p. 559; am. 1971, ch. 343, sec. 2, p. 1335; am. 1974, ch. 50, sec. 1, p. 1103; am. 1993, ch. 12, sec. 2, p. 40; am. and redesig. 2006, ch. 57, sec. 4, p. 171; am. 2012, ch. 89, sec. 2, p. 248.]
Idaho Code § 25-1145 — Idaho Code / Title 25 / Chapter 11 / Section 25-1145
25-1145 RENEWAL OF BRANDS.
Status: in_force

25-1145. Renewal of brands. (1) On July 1, 2011, and at the end of each recording period of an original application pursuant to section 25-1144, Idaho Code, and at the end of each successive period thereafter on the first day of July, the recording of every brand in the office of the state brand inspector shall be renewed upon application for such renewal by the owner. The fee of the state brand inspector for filing each such renewal application shall be not more than two hundred dollars ($200), twenty-five dollars ($25.00) of which shall be considered a wolf control assessment pursuant to section 22-5306, Idaho Code. It shall be the duty of the state brand inspector to furnish without further or other charge one (1) certified copy of the certificate of such brand to the owner thereof upon his request, and for each additional certified copy the state brand inspector shall be paid five dollars ($5.00). The fee for recording each renewal shall be paid coincident with the filing of the application therefor.

(2) Each application for the renewal and the record of renewal of each brand shall be made in the same manner as is provided by law for the filing of an original application for the recording of a brand.

(3) If an application for the renewal of any brand shall not be made and the fee therefor paid within the period of six (6) months after the expiration date for such renewal, then such brand may be allotted by the state brand inspector to any other person who shall apply therefor.

History:

[25-1145, added 1919, ch. 116, sec. 2, p. 403; c.s., sec. 1923; I.C.A., sec 24-1007; am. 1933, ch. 173, sec. 2, p. 314; am. 1937, ch. 135, sec. 4, p. 216; am. 1939, ch. 78, sec. 1, p. 135; am. 1949, ch. 160, sec. 2, p. 346; am. 1955, ch. 31, sec. 1, p. 50; am. 1973, ch. 168, sec. 14, p. 339; am. 1974, ch. 47, sec. 2, p. 1093; am. 1987, ch. 61, sec. 3, p. 109; am. and redesig. 1988, ch. 75, sec. 24, p. 111; am. 1994, ch. 101, sec. 2, p. 229; am. 2006, ch. 198, sec. 1, p. 613; am. 2011, ch. 55, sec. 2, p. 119; am. 2014, ch. 188, sec. 6, p. 505; am. 2018, ch. 217, sec. 3, p. 490; am. 2019, ch. 37, sec. 3, p. 105; am. 2025, ch. 160, sec. 3, p. 777.]
Idaho Code § 25-2312 — Idaho Code / Title 25 / Chapter 23 / Section 25-2312
25-2312 SALE BY SHERIFF — SUBSEQUENT CLAIMS.
Status: in_force

25-2312. Sale by sheriff — Subsequent claims. If the estray livestock is sold by a sheriff, after deducting the costs provided for by this chapter, particularly by section 25-2309, Idaho Code, the net proceeds of the sale shall be forwarded to the county treasurer and the county treasurer shall hold the proceeds of the sale for six (6) months. At any time within the six (6) month period, any person claiming to be the owner of the animal sold may recover the net funds of the sale from the county treasurer by producing proof that the animal or animals were his property. Said proof shall be made before the sheriff who made the sale or his successor in office and for such purpose the sheriff is empowered to administer oaths to the claimant or his witnesses. Upon making such proof, the sheriff shall give the claimant an order on the county treasurer, which order shall be retained until the six (6) month period has expired. If such claimant is the only person claiming the livestock, the county treasurer shall turn over such moneys to the claimant. If, however, there be more than one claimant for said moneys, then such contesting claimants must bring an action within three (3) months to determine who is the owner of the livestock sold. The action shall be brought in the magistrate or district court having jurisdiction of the matter. The claimant receiving judgment in his favor shall be entitled to said moneys. In case the ownership of the livestock be not proved, or there are no claims as to the ownership of such livestock within the time provided, then the moneys in the hands of the county treasurer shall be forfeited to the school district where said animal or animals were taken up and shall, by the county treasurer, be turned over to such school district for the use of the school district.

History:

[I.C., sec. 25-2312, as added by 1976, ch. 88, sec. 2, p. 302.]
Idaho Code § 25-232 — Idaho Code / Title 25 / Chapter 2 / Section 25-232
25-232 DISEASE AND ANIMAL DAMAGE CONTROL TAX LEVY AND FEES ON CATTLE, HORSES, AND MULES.
Status: in_force

25-232. Disease and animal damage control tax levy and fees on cattle, horses, and mules. (a) There is hereby imposed upon cattle, horses, and mules in the state of Idaho a fee of twenty-two cents (22¢) per head. Said fee shall be collected at the time of every brand inspection when a charge for brand inspection is made as required by law. Such fee when collected shall be paid by the person paying the charge for brand inspection and shall be used by the Idaho department of agriculture for livestock disease control. The state brand inspector shall collect said fees in addition to, at the same time and in the same manner as the fee collected for brand inspection. The fees so collected shall be deposited as provided in section 25-233, Idaho Code.

(b) In addition to the fee imposed in subsection (a) of this section, there is hereby imposed an additional fee not to exceed five cents (5¢) per head upon the same livestock subject to the fee required in subsection (a) of this section. The amount of the additional fee shall be fixed by order of the state brand board upon the written recommendation of the Idaho cattle association. The fees collected under the provisions of this subsection shall be deposited in the Idaho sheep and goat health account, and the board shall quarterly transmit the proper share of such moneys to the board of directors of each animal damage control district. The provisions of section 67-3525, Idaho Code, shall not apply to the payment of moneys from the Idaho sheep and goat health account to the animal damage control districts.

(c) The state brand inspector shall be reimbursed for the reasonable and necessary expenses incurred for the collections required in this section, in an amount determined by the administrator of the division of animal industries, a representative of the Idaho cattle association and the inspector, but the total of such expense reimbursement for the fees collected as required in subsections (a) and (b) of this section shall not exceed one and one-quarter cents (1 1/4¢) per head.

History:

[25-232, added 1943, ch. 139, sec. 8, p. 277; am. 1951, ch. 124, sec. 1, p. 292; am. 1955, ch. 46, sec. 1, p. 64; am. 1970, ch. 81, sec. 1, p. 200; am. 1974, ch. 18, sec. 125, p. 364; am. 1982, ch. 251, sec. 1, p. 642; am. 1985, ch. 37, sec. 1, p. 79; am. 1986, ch. 177, sec. 1, p. 467; am. 1989, ch. 5, sec. 1, p. 6; am. 1995, ch. 33, sec. 1, p. 51; am. 2012, ch. 117, sec. 24, p. 331; am. 2015, ch. 244, sec. 5, p. 1010.]
Idaho Code § 25-2503 — Idaho Code / Title 25 / Chapter 25 / Section 25-2503
25-2503 DEFINITIONS.
Status: in_force

25-2503. Definitions. As used in this chapter, unless the context requires otherwise:

(1) The term "board" means the Idaho horse board.

(2) The term "brand board" means the state brand board.

(3) The term "breeding interest" means an interest in horses owned primarily for the purpose of horse reproduction.

(4) The term "general horse interest" means those who actively use horses in a work capacity including, but not limited to, range work, sales yards, feedlots or other related work.

(5) The term "horse" means the equine species.

(6) The term "horse racing interest" means an interest in horses owned primarily for the purpose of racing.

(7) The term "pleasure trail riding interest" means an interest in horses owned primarily for the purpose of pleasure trail riding.

(8) The term "show interest" means an interest in horses owned primarily for the purpose of showing horses at competitive events; i.e., shows, competitive trails or rodeos.

History:

[25-2503, added 1987, ch. 214, sec. 1, p. 458.]
Idaho Code § 25-2310 — Idaho Code / Title 25 / Chapter 23 / Section 25-2310
25-2310 DISPOSITION OF WORTHLESS ESTRAYS.
Status: in_force

25-2310. Disposition of worthless estrays. If in the judgment of a sheriff or brand inspector estray livestock is of no value or its value would be less than the cost of feed, care and sale of the livestock under this chapter, the sheriff or brand inspector may dispose of the livestock by private sale or by slaughter. If the owner of such livestock is known, he shall be personally notified of the proposed disposition of the livestock at least three (3) days before the livestock is privately sold or slaughtered. The owner may claim such livestock by paying the expenses incurred against it.

History:

[I.C., sec. 25-2310, as added by 1976, ch. 88, sec. 2, p. 301.]
Idaho Code § 25-2210 — Idaho Code / Title 25 / Chapter 22 / Section 25-2210
25-2210 PENALTIES.
Status: in_force

25-2210. Penalties. Removal of the livestock from the custody of the sheriff, brand inspector or any person holding the 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 livestock.

History:

[25-2210, added 1978, ch. 168, sec. 2, p. 368.]
Idaho Code § 25-235 — Idaho Code / Title 25 / Chapter 2 / Section 25-235
25-235 ENFORCEMENT.
Status: in_force

25-235. Enforcement. The department of agriculture, division of animal industries of the state of Idaho, is hereby charged with the enforcement of this act, and is empowered, in conformity with the provisions of the administrative procedures act, to promulgate and adopt such reasonable rules and regulations as may be necessary to carry into effect the full intent and meaning of this act.

History:

[I.C., sec. 25-235, as added by 1973, ch. 39, sec. 4, p. 73; am. 1974, ch. 18, sec. 127, p. 364.]
Idaho Code § 25-1124 — Idaho Code / Title 25 / Chapter 11 / Section 25-1124
25-1124 CERTIFICATE OR PERMIT TO BE PRODUCED UPON DEMAND.
Status: in_force

25-1124. Certificate or permit to be produced upon demand. Every person transporting livestock shall, upon demand, permit examination thereof by any brand inspector or peace officer the brand inspection certificate or written permit and allow copies thereof to be taken.

History:

[(25-1124) I.C., sec. 25-1404, as added by 1973, ch. 168, sec. 20, p. 339; 1988 redesignated 25-1124, ch. 75, sec. 16, p. 120.]
Idaho Code § 25-239 — Idaho Code / Title 25 / Chapter 2 / Section 25-239
25-239 DEFINITIONS.
Status: in_force

25-239. definitions. When used in this chapter or in rules promulgated under this chapter:

(1) "Administrator" means the administrator of the division of animal industries, Idaho state department of agriculture, or his designee.

(2) "Approved feedlot" means a livestock feedlot, inspected and approved by the department, for finish feeding cattle or bison of unknown disease, test or vaccination status.

(3) "Approved trader lot" means a livestock facility operated by a livestock dealer licensed by the Idaho state brand board where cattle of unknown disease status are received and then sold and transported to other destinations. All approved trader lots must be inspected and approved by the department.

(4) "Buying station" means a livestock facility where cattle are gathered to be shipped directly to slaughter within seven (7) days of arrival at the buying station. All buying stations must be inspected and approved by the department.

(5) "Department" means the Idaho state department of agriculture.

(6) "Livestock dealer" means any person who buys livestock and offers them for resale within twenty (20) days from the date of purchase. All livestock dealers are required to be licensed by the Idaho state brand board.

(7) "Livestock market" means any facility where livestock are sold, received or shipped for profit. Anyone operating as a public livestock market must first secure a charter from the department. To maintain a charter, a public livestock market must conduct a minimum of one (1) sale per calendar year.

History:

[25-239, added 2016, ch. 49, sec. 1, p. 143.]
Idaho Code § 25-2107 — Idaho Code / Title 25 / Chapter 21 / Section 25-2107
25-2107 RANGING HOGS OR GOATS IN TOWNS OR SETTLEMENT UNLAWFUL.
Status: in_force

25-2107. Ranging hogs or goats in towns or settlement unlawful. Any person who wilfully or negligently permits any hog or goat owned by him, or in his care or custody, to be or run at large without a drover within the limits of any city, town, or village, or in the vicinity of any farm, ranch, dwelling house, or cultivated lands of another, or who wilfully or negligently fails, neglects or refuses to keep any such hog or goat securely penned within the limits of any city, town, village or in the vicinity of any farm ranch, dwelling house, or cultivated lands of another, shall be guilty of a misdemeanor.

History:

[(25-2107) 1909, p. 190, sec. 1; reen. C.L., sec. 1283a; C.S., sec. 1976; I.C.A., sec. 24-1807.]
Idaho Code § 25-222 — Idaho Code / Title 25 / Chapter 2 / Section 25-222
25-222 CONSENT OF DIVISION REQUIRED FOR INDIVIDUAL TESTS — INDEMNITY TO OWNERS FOR DESTROYED ANIMALS.
Status: in_force

25-222. Consent of division required for individual tests — Indemnity to owners for destroyed animals. It shall be unlawful for any person, except the representatives of the division, or the inspectors of the United States department of agriculture, to inject any tuberculin into any animal of the families bovidae, cervidae, antilocapridae, or camelidae or to conduct any other approved tuberculosis test on such animals in this state without first having been approved by the division to conduct such tests. All such tests shall be conducted in accordance with the rules and regulations of the division. The division shall be authorized and empowered to make and promulgate rules and regulations for the appraising and slaughtering or destroying of animals which are deemed to be affected with tuberculosis as determined through a tuberculin or other approved tuberculosis test, and to indemnify the owners when it becomes necessary to destroy such animals in order to control or eradicate tuberculosis and to protect the public health. The indemnity is to be made in accordance with the provisions of section 25-216, Idaho Code.

History:

[(25-222) 1919, ch. 35, sec. 17, p. 127; C.S., sec. 1859; I.C.A., sec. 24-222; am. 1974, ch. 18, sec. 117, p. 364; am. 1993, ch. 16, sec. 17, p. 65.]
Idaho Code § 25-1144 — Idaho Code / Title 25 / Chapter 11 / Section 25-1144
25-1144 MANNER OF RECORDING BRANDS.
Status: in_force

25-1144. Manner of recording brands. Every stock grower whose brands are not recorded, desiring to use any brand on any livestock shall make and file an application setting forth a facsimile and description of the brand that he desires to use, which application shall state the post-office address and county of his residence, and he shall file such application with the state brand inspector and the same shall be recorded in a book kept for that purpose by the state brand inspector. From and after the filing of such application, the stock grower filing the same shall have the exclusive right to use such brand within the state of Idaho. Such recording shall be valid for a period of not more than five (5) years, as determined by rules of the state brand board, subject to the renewal provisions of section 25-1145, Idaho Code. Such person, upon the filing of the brand, shall pay to the state brand inspector for recording the brand the sum of seventy-five dollars ($75.00) and the board may prorate the fee to facilitate implementation of a staggered brand renewal system. It shall be the duty of the state brand inspector to furnish without further or other charge, one (1) certified copy of the application to the owner thereof upon his request, and for each additional copy a fee of five dollars ($5.00) shall be assessed. The state brand inspector shall not file or record any such brand if the same has already been filed or recorded by him in favor of some other stock grower. The certified copy of the application shall contain the registration number of such brand, description or facsimile copy of the recorded brand, location of brand on the animal, expiration of the recorded brand and the name and address of the owner of the recorded brand. Upon a request to research a brand recording, a fee of thirty-six dollars ($36.00) per hour spent shall be paid to the state brand inspector.

History:

[(25-1144) 1905, p. 352, sec. 8; compiled and reen. R.C., sec. 1229; C.L., sec. 1229; C.S., sec. 1921; I.C.A., sec. 24-1005; am. 1933, ch. 173, sec. 1, p. 314; am. 1937, ch. 135, sec. 2, p. 216; am. 1949, ch. 160, sec. 1, p. 346; am. 1951, ch. 108, sec. 1, p. 253; am. 1973, ch. 168, sec. 13, p. 339; am. 1974, ch. 47, sec. 1, p. 1093; am. 1987, ch. 61, sec. 2, p. 110; am. 1988 & redesignated 25-1144, ch. 75, sec. 23, p. 122; am. 1994, ch. 101, sec. 1, p. 229; am. 2000, ch. 79, sec. 1, p. 166; am. 2025, ch. 160, sec. 2, p. 776.]
Idaho Code § 25-1126 — Idaho Code / Title 25 / Chapter 11 / Section 25-1126
25-1126 OWNER OF RECORDED BRAND — RIGHT TO CAUSE INSPECTION OF LIVESTOCK IN TRANSIT.
Status: in_force

25-1126. Owner of recorded brand — Right to cause inspection of livestock in transit. Every citizen of Idaho who is the owner of any duly recorded brand is hereby authorized to require livestock in transit, or which is about to be shipped, transported or otherwise removed, to be inspected as required by law, for the purpose of determining whether or not such livestock has been duly inspected by an official brand inspector or peace officer. No fee shall be allowed to any such citizen for performing the rights and privileges herein above granted.

History:

[(25-1126) I.C., sec. 25-1406, as added by 1973, ch. 168, sec. 20, p. 339; 1988 redesignated 25-1126, ch. 75, sec. 18, p. 121; am. 1996, ch. 90, sec. 2, p. 271.]
Idaho Code § 25-4003 — Idaho Code / Title 25 / Chapter 40 / Section 25-4003
25-4003 PERMIT REQUIRED.
Status: in_force

25-4003. PERMIT REQUIRED. (1) No person shall construct, operate or expand a poultry CAFO of any size without first obtaining a permit issued by the director.

(2) Two (2) or more poultry CAFOs under common control of the same person may be considered, for purposes of permitting, to be a single facility, even though separately their capacity is less than a large or medium poultry CAFO, if they use a common animal waste management system or land application site.

(3) The provisions of this section shall be applicable only to those poultry CAFOs constructed or modified after the effective date of this chapter.

History:

[25-4003, added 2011, ch. 227, sec. 1, p. 617.]
Idaho Code § 25-1160 — Idaho Code / Title 25 / Chapter 11 / Section 25-1160
25-1160 BRAND INSPECTION FEES.
Status: in_force

25-1160. Brand inspection fees. (1) The maximum fee that shall be charged by the state brand inspector and his deputies for brand inspection shall be:

(a) One dollar and fifty cents ($1.50) for each head of cattle;

(b) Ten dollars ($10.00) for each head of horses, mules, and asses.

(2) The minimum fee that shall be charged by the state brand inspector for brand inspection shall be:

(a) An amount set by the state brand board, not to exceed forty dollars ($40.00), for each brand inspection certificate issued, whether for cattle, horses, mules, or asses, or a combination thereof. The minimum brand inspection fee shall apply only in those cases when a brand inspector must travel from his assigned duty post.

(b) There shall be an equine farm service fee in an amount to be set by the state brand board, not to exceed fifty-five dollars ($55.00), for each case a brand inspector must travel from his assigned duty post to complete a brand inspection certificate for horses, mules, or asses, which fee shall be in addition to any brand inspection certificate or other written permit requested by the owner or owners of a horse, mule, or ass under any other provisions of law. Livestock auctions and feedlots currently approved by the Idaho state department of agriculture are exempt from the equine farm service fee.

(3) The minimum fee for brand inspection services at any normally scheduled livestock auction sale is one hundred dollars ($100) per day and shall be paid by the livestock auction sale, whether or not the inspection fee received from the owners of livestock inspected equals the minimum fee. If the fees paid by the owners of livestock inspected at the sale exceed the minimum fee, the actual amount of fees collected shall be paid, rather than the minimum amount.

(4) The fee for brand inspection services at any livestock auction sale that is not a normally scheduled livestock auction sale shall be:

(a) Thirty-six dollars ($36.00) per hour for each hour that each brand inspector spends engaged in the performance of brand inspection services at the livestock auction sale;

(b) A mileage rate as established by the state board of examiners per mile per vehicle for each mile that said brand inspector(s) must travel to and from the sale from his assigned duty post.

The minimum fee, not including mileage, shall be the actual hours worked, or seventy-two dollars ($72.00) per day, or the inspection fees as set forth in subsection (1) of this section, whichever is greater.

(5) The state brand board may adopt a schedule of fees that are below the maximum fees and may thereafter review and adjust such fees annually at a regular and properly noticed meeting of the board held in the first calendar quarter, with said fees to be scheduled in an amount reasonably necessary to cover the cost of administering and enforcing the laws of the state of Idaho for brand inspection of livestock. The state brand board shall only adjust the fees to be collected under this section for this purpose alone, and in no event shall the fee for cattle brand inspections increase more than ten cents ($0.10) per head annually, while remaining below the maximum fees allowed by law. If the board determines fee adjustments are necessary, such adjustments shall take effect on July 1 of the same year, and notice of any fee increases shall be posted prominently on the front page of the brand inspector's website. All such fees shall be paid by the owner of the cattle, horses, mules, and asses and credited to the state brand account.

(6) All brand inspection fees, and all other fees required by law to be collected by the brand inspector, are due and payable at the time of inspection, but the brand board may, by rule, allow all of such fees to be paid on a schedule that requires payment at least monthly, after receiving a request for such delayed payment schedule and after such request is approved by the state brand inspector. The brand board may require a security deposit to ensure the prompt payment of all fees owed to the state. Failure to pay as required shall be cause for the brand inspector to file an action in the district court of the county wherein the inspection was made for the amount of all fees owed, plus all costs and reasonable attorney's fees associated with the action plus interest at the rate specified in section 28-22-104, Idaho Code, on the amount owed from the due date.

(7) Any brand inspector who must travel to investigate a possible violation of this chapter is entitled to a mileage rate, as established by the state board of examiners, per mile per vehicle for each mile that the brand inspector must travel to and from his assigned duty post, and thirty-six dollars ($36.00) per hour for each hour that each brand inspector spends engaged in the investigation. The minimum fee for each brand inspector, not including mileage, shall be the actual hours worked, or seventy-two dollars ($72.00) per day, or the hourly inspection fees, whichever is greater.

(8) A fee of ten dollars ($10.00) shall be paid to the state brand inspector for each duplicate brand inspection certificate issued.

History:

[(25-1160) 25-1106A, as added by 1959, ch. 91, sec. 1, p. 203; am. 1969, ch. 190, sec. 1, p. 559; am. 1973, ch. 168, sec. 4, p. 339; am. 1975, ch. 23, sec. 1, p. 36; am. 1976, ch. 180, sec. 1, p. 652; am. 1977, ch. 183, sec. 4, p. 512; am. 1987, ch. 61, sec. 1, p. 109; am. 1988 & redesignated 25-1160, ch. 75, sec. 31, p. 125; am. 1993, ch. 122, sec. 1, p. 311; am. 1997, ch. 105, sec. 2, p. 247; am. 2000, ch. 80, sec. 1, p. 168; am. 2006, ch. 198, sec. 2, p. 613; am. 2019, ch. 157, sec. 2, p. 510; am. 2025, ch. 160, sec. 5, p. 777.]
Idaho Code § 25-2110 — Idaho Code / Title 25 / Chapter 21 / Section 25-2110
25-2110 STALLION MAY BE TAKEN UP.
Status: in_force

25-2110. Stallion may be taken up. Any person may take up and safely keep any such stallion, mule, ridgeling or jackass found running at large or in his inclosures; and, when so found, must give the owner thereof five (5) days' notice that such animal is in his possession; and if, at the expiration of the aforesaid time, the owner neglects to remove such animal and pay all reasonable charges for keeping the same, then the taker-up must notify the sheriff or any constable, whose duty it is to sell such animal at public auction, on the premises where taken up, after first giving five (5) days' notice of such sale; and the proceeds of such sale must be applied, first, to the fees of the officer making such sale, which are the same as on execution; second, to the payment of the charges of the taker-up of such animal; and the remainder, if there be any, must be paid to the owner of such animal.

History:

[(25-2110) 1868, p. 127, sec. 3; am. R.S., sec. 1242; am. 1890-1891, p. 48, sec. 3; reen. 1899, p. 26, sec. 3; reen. R.C. & C.L., sec. 1286; C.S., sec. 1979; I.C.A., sec. 24-1810.]
Idaho Code § 25-3516 — Idaho Code / Title 25 / Chapter 35 / Section 25-3516
25-3516 HIGH-ALTITUDE DECOMPRESSION CHAMBER PROHIBITED.
Status: in_force

25-3516. High-altitude decompression chamber prohibited. No person, peace officer, officer of a humane society, or officer of a pound, or any public agency shall kill any dog or cat by the use of any high-altitude decompression chamber. Every person who violates the provisions of this section is guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code.

History:

[(25-3516) 1979, ch. 300, sec. 1, p. 819; am. and redesig. 1994, ch. 346, sec. 17, p. 1096; am. 1996, ch. 229, sec. 12, p. 748.]
Idaho Code § 25-214A — Idaho Code / Title 25 / Chapter 2 / Section 25-214A
25-214A STOPPING AND INSPECTION.
Status: in_force

25-214A. Stopping and inspection. All motor vehicles and trailers transporting livestock into the state of Idaho are hereby required to stop at Idaho ports of entry or checking stations established by the Idaho transportation department, and which are located on the highway upon which the livestock are being transported, and submit to inspection for compliance with the livestock entry requirements of the state of Idaho. For the purposes of this chapter, the term livestock shall include bovidae, suidae, equidae, captive cervidae, captive antilocapridae, camelidae, ratitidae, gallinaceous birds and captive waterfowl.

History:

[25-214A, added 1988, ch. 113, sec. 1, p. 205; am. 1993, ch. 16, sec. 10, p. 62.]
Idaho Code § 25-153 — Idaho Code / Title 25 / Chapter 1 / Section 25-153
25-153 SHORT TITLE.
Status: in_force

25-153. Short title. Sections 25-153 through 25-160, Idaho Code, shall be known and may be cited as the "Sheep, Lamb and Wool Promotion, Research and Education Act."

History:

[25-153, added 1998, ch. 205, sec. 4, p. 728.]
Idaho Code § 25-3311 — Idaho Code / Title 25 / Chapter 33 / Section 25-3311
25-3311 LIVESTOCK DEALER — TRANSACTIONS OF AGENT OR REPRESENTATIVE.
Status: in_force

25-3311. Livestock dealer — Transactions of agent or representative. A livestock dealer shall be responsible for any livestock transaction conducted by his agent or representative, if the nature of that transaction would otherwise require a livestock dealer's license.

History:

[25-3311, added 1997, ch. 91, sec. 1, p. 217.]
Idaho Code § 25-3004 — Idaho Code / Title 25 / Chapter 30 / Section 25-3004
25-3004 RULES FOR DISEASE PREVENTION.
Status: in_force

25-3004. Rules for disease prevention. The administrator of the division of animal industries is hereby authorized and empowered to make, promulgate, and enforce general and reasonable rules and regulations not inconsistent with law, for the prevention of the introduction or dissemination of diseases among domestic fur-bearing animals of this state, and to otherwise effectuate enforcement of the provisions of title 25, chapter 2, Idaho Code, applicable to domestic fur-bearing animals.

History:

[25-3004, added 1961, ch. 152, sec. 4, p. 218; am. 1974, ch. 18, sec. 169, p. 364.]
Idaho Code § 25-215 — Idaho Code / Title 25 / Chapter 2 / Section 25-215
25-215 TUBERCULAR ANIMALS.
Status: in_force

25-215. Tubercular animals. The division or the inspectors of the United States department of agriculture, animal and plant health inspection service, veterinary services shall be authorized and empowered to test (in the manner prescribed) with tuberculin or any other approved tuberculosis test any animal kept, transported into or within this state or herded within this state, subject to the rules and regulations of the division, and when such animal is found by the officer making the test, to give what the division shall have prescribed by its rules and regulations to be a clearly defined reaction to such tests, the said animal shall be considered to be affected with tuberculosis. The reacting animal shall be slaughtered or destroyed and the owner indemnified in accordance with cooperative agreement between the division and the veterinary services, and in accordance with the rules and regulations of the division, and the meat inspection regulations of the United States department of agriculture.

History:

[(25-215) 1919, ch. 35, sec. 14, p. 125; C.S., sec. 1854; I.C.A., sec. 24-215; am. 1974, ch. 18, sec. 113, p. 364; am. 1993, ch. 16, sec. 11, p. 63.]
Idaho Code § 25-2111 — Idaho Code / Title 25 / Chapter 21 / Section 25-2111
25-2111 STALLIONS TAKEN UP — NOTICE AND SALE.
Status: in_force

25-2111. Stallions taken up — Notice and sale. If the owner or claimant of any stallion, ridgeling, unaltered male mule or jackass be unknown, the taker-up must give ten (10) days' notice, with the description of the animal or animals, its marks or brands, by posting up at least three (3) written or printed notices in at least three (3) conspicuous places in the county, calling upon the owner to claim the property; and if, at the expiration of the ten (10) days, the owner neglects to remove such animal or animals and pay all costs, then the taker-up shall call on the sheriff or any constable of the county to sell such animal or animals; and after deducting the fees of the officer making such sale and the reasonable charges of the taker-up, the balance, if any there be, shall be paid into the county treasury, to be applied to the county school fund.

History:

[(25-2111) 1868, p. 127, sec. 4; R.S., sec. 1243; am. 1890-1891, p. 48, sec. 4; reen. 1899, p. 26, sec. 4; reen. R.C. & C.L., sec. 1287; C.S., sec. 1980; I.C.A., sec. 24-1811.]
Idaho Code § 25-3512 — Idaho Code / Title 25 / Chapter 35 / Section 25-3512
25-3512 ABANDONMENT OF ANIMALS LEFT WITH VETERINARIAN.
Status: in_force

25-3512. Abandonment of animals left with veterinarian. (1) Any animal placed in the custody of a veterinarian licensed under the provisions of chapter 21, title 54, Idaho Code, for treatment, boarding or other care, and which is unclaimed by its owner or the agent of the owner for a period of more than ten (10) days after written notice by certified mail, return receipt requested, is given to the addressee only at his last known address, shall be deemed to be abandoned and may be turned over to the nearest pound or to a peace officer, or disposed of as such custodian may deem proper.

(2) The giving of notice to the owner, or the agent of the owner, of such animal by the licensed veterinarian, as provided in subsection (1) of this section, shall relieve the licensed veterinarian and any custodian to whom such animal may be given of any further liability for disposal. Such procedure by the licensed veterinarian shall not constitute grounds for discipline under the provisions of chapter 21, title 54, Idaho Code.

(3) For the purposes of this section, the term "abandoned" means to forsake entirely, or to neglect or refuse to provide or perform the legal obligations for treatment, care and support of an animal by its owner, or the agent of the owner. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal.

History:

[(25-3512) 1982, ch. 41, sec. 1, p. 67; am. and redesig. 1994, ch. 346, sec. 12, p. 1094.]
Idaho Code § 25-3105 — Idaho Code / Title 25 / Chapter 31 / Section 25-3105
25-3105 PRODUCER MEMBERS — QUALIFICATIONS — REMOVAL.
Status: in_force

25-3105. Producer members — Qualifications — Removal. Each of the nine (9) producer members of the commission shall:

(1) Be a citizen over twenty-five (25) years of age and a resident of this state and the district which he represents; and

(2) Be and for the five (5) years last preceding his election have been actually engaged in producing dairy products within this state. These qualifications must continue during each member's term of office.

(3) Any commission member who discontinues to produce dairy products in this state, or changes his residence to another district during the term of office for which he has been selected, shall within thirty (30) days of such discontinuance or change of residence submit his resignation from the commission to the chairman of the commission. Removal procedures may be instituted against any commission member by petition signed by at least thirty percent (30%) of the producers within the commission member's district.

History:

[25-3105, added 1969, ch. 140, sec. 5, p. 435.]
Idaho Code § 25-139 — Idaho Code / Title 25 / Chapter 1 / Section 25-139
25-139 ATTACHMENT OF PROPERTY.
Status: in_force

25-139. Attachment of property. Whenever it shall be necessary in the enforcement of the provisions of this chapter for the board or any of its inspectors to take charge of any sheep, corral, building or other place, demand therefor shall be made upon the owner or person in charge thereof; in event of refusal of said owner or person in charge of said sheep, corral, building or place, said board or any inspector may have said sheep, corral, building or place seized and held by writ of attachment to issue in the same manner as provided by the general laws of this state; provided, that action shall be brought in the name of the state of Idaho and no bond on attachment be required.

History:

[25-139, added 1951, ch. 250, sec. 14, p. 527; am. 1985, ch. 63, sec. 9, p. 132.]
Idaho Code § 25-1302 — Idaho Code / Title 25 / Chapter 13 / Section 25-1302
25-1302 LIABILITY TO CIVIL ACTION — ATTACHMENT OF DEFENDANT'S LIVESTOCK.
Status: in_force

25-1302. Liability to civil action — Attachment of defendant's livestock. Any person who, without the owner's consent, drives, rides, or leads or assists in driving, riding or leading any head of livestock, the property of another, away from its usual or accustomed range is liable in a civil action in a court of competent jurisdiction to the party injured for damages, including the costs of litigation. The party injured may, at the commencement of the action, or during the pendency thereof, have the livestock of the defendant, or such number thereof as are sufficient, attached, seized and held as security for all damages and costs that may be recovered in such action.

History:

[(25-1302) 1881, p. 295, sec. 14; am. R.S., sec. 1182; reen. R.C. & C.L., sec. 1242; am. 1919, ch. 176, sec. 2, p. 553; C.S., sec. 1935; I.C.A., sec. 24-1104.]
Idaho Code § 25-3601 — Idaho Code / Title 25 / Chapter 36 / Section 25-3601
25-3601 RATITES DESIGNATED LIVESTOCK.
Status: in_force

25-3601. Ratites designated livestock. It shall be lawful for any person, persons, association or corporation to engage in the business of propagating, breeding, owning or controlling domestic ratites, which are defined as cassowary, ostrich, emu and rhea. For the purposes of all classification and administration of the laws of the state of Idaho, and all administrative orders and rules pertaining thereto, the breeding, raising, producing or marketing of such animals or their products by the producer shall be deemed an agricultural pursuit; such animals shall be deemed livestock and their products shall be deemed agricultural products; the persons engaged in such agricultural pursuits shall be deemed farmers, ratite farmers, ratite breeders or ratite ranchers; the premises within which such a pursuit is conducted shall be deemed farms, ratite farms, or ratite ranches.

History:

[(25-3601) 25-3501, added 1994, ch. 72, sec. 1, p. 149; am. and redesig. 2005, ch. 25, sec. 24, p. 94.]
Idaho Code § 25-901 — Idaho Code / Title 25 / Chapter 9 / Section 25-901
25-901 GRAZING PREFERENCE APPURTENANT TO BASE PROPERTY.
Status: in_force

25-901. Grazing preference appurtenant to base property. The United States congress, in fulfilling the constitutional obligation to manage the property of the United States, passed the Taylor grazing act in 1934. Through this act, congress acknowledged grazing preference rights and provided for adjudication of allotments on which the grazing preference right was exercised. Livestock ranches are bought, sold, traded and inherited with assurance that the appurtenant grazing preference rights will be transferred to the new base property owner. Therefore, a grazing preference right shall be considered an appurtenance of the base property through which the grazing preference is maintained.

History:

[25-901, added 1998, ch. 345, sec. 1, p. 1096.]
Idaho Code § 25-3606 — Idaho Code / Title 25 / Chapter 36 / Section 25-3606
25-3606 PENALTY FOR VIOLATIONS.
Status: in_force

25-3606. Penalty for violations. Any person, firm or corporation violating any of the provisions of chapter 2, title 25, Idaho Code, applicable to domestic ratite animals, or of the rules promulgated by the division of animal industries for the enforcement thereof, 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 one thousand dollars ($1,000) for each offense.

History:

[(25-3606) 25-3506, added 1994, ch. 72, sec. 1, p. 150; am. and redesig. 2005, ch. 25, sec. 29, p. 95.]
Idaho Code § 25-1146 — Idaho Code / Title 25 / Chapter 11 / Section 25-1146
25-1146 SALES AND TRANSFERS OF BRANDS.
Status: in_force

25-1146. Sales and transfers of brands. Any brand recorded in accordance with the requirements of this chapter shall be the property of the stock grower in whose name the same shall be recorded and shall be subject to sale, assignment, transfer, devise and descent, the same as personal property. Instruments of writing evidencing any such sale, assignment or transfer shall be acknowledged as deeds to real estate are now required to be, and shall be recorded in the office of the state brand inspector in a book to be by said officer kept for that purpose, which shall be properly indexed. The recording of such instruments in said office shall have the same force and effect as to third parties as the recording of instruments affecting real estate, and the acknowledgment of the same shall have the same force and effect as the acknowledgment of deeds to real estate, and certified copies of the record of any such instrument, duly acknowledged, may be introduced in evidence the same as is now provided for certified copies of instruments affecting real estate. The fee of the state brand inspector for recording the writings evidencing each such sale, assignment or transfer shall be seventy-five dollars ($75.00).

History:

[(25-1146) 1905, p. 352, sec. 11; reen. R.C., sec. 1231; am. 1911, ch. 217, sec. 5, p. 697; reen. C.L., sec. 1231; C.S., sec. 1924; I.C.A., sec. 24-1008; am. 1937, ch. 135, sec. 5, p. 216; am. 1949, ch. 160, sec. 3, p. 346; am. 1951, ch. 108, sec. 3, p. 253; am. 1973, ch. 168, sec. 15, p. 339; am. 1987, ch. 61, sec. 4, p. 111; 1988 redesignated 25-1146, ch. 75, sec. 25, p. 123; am. 2000, ch. 79, sec. 2, p. 167; am. 2011, ch. 55, sec. 3, p. 120; am. 2025, ch. 160, sec. 4, p. 777.]
Idaho Code § 25-205 — Idaho Code / Title 25 / Chapter 2 / Section 25-205
25-205 MUNICIPAL VETERINARY SANITARY OFFICERS.
Status: in_force

25-205. Municipal veterinary sanitary officers. Whenever any municipality in the state shall have in its employ any veterinary sanitary officer engaged in the inspection of meat, milk, or animals, and the qualifications of such officer are equal to those in this chapter provided for state veterinarians, then the division may appoint such city veterinary sanitary officer a state veterinarian, but such officer shall not be entitled to claim reimbursement from the state for any services rendered or expense incurred; and his appointment may at any time be revoked by the division.

History:

[(25-205) 1919, ch. 35, sec. 4, p. 122; C.S., sec. 1844; I.C.A., sec. 24-205; am. 1974, ch. 18, sec. 105, p. 364.]
Idaho Code § 25-2201 — Idaho Code / Title 25 / Chapter 22 / Section 25-2201
25-2201 SPECIAL LIEN ON TRESPASSING ANIMALS.
Status: in_force

25-2201. Special lien on trespassing animals. Any person having a field of enclosure with a "lawful fence" as described in chapter 1, title 35, Idaho Code, entirely surrounding the field or enclosure shall have a special lien upon, and may take up any domestic livestock such as cattle, horses, mules, donkeys, sheep, goats or other domestic livestock which break into the enclosure. The lien will include the care and feeding of the livestock and other charges as provided for in chapter 23, title 25, Idaho Code, in relation to estrays. The lien is not dependent upon possession. It may be perfected by following the provisions of this chapter which are required of the lien claimant.

History:

[25-2201, added 1978, ch. 168, sec. 2, p. 366.]
Idaho Code § 25-3203 — Idaho Code / Title 25 / Chapter 32 / Section 25-3203
25-3203 ESTABLISHING STANDARDS FOR ESTABLISHMENTS PRIOR TO APPLICATION FOR LICENSE.
Status: in_force

25-3203. Establishing standards for establishments prior to application for license. The license referred to in section 25-3202, Idaho Code, shall be issued to an establishment only if the following requirements are met:

(1) A fee of twenty-five dollars ($25.00) for the issuance of a license shall be paid to the state by the licensee, subject to renewal each year.

(2) All rendering establishments and establishments processing 4-D animals are to be constructed in such a manner as to protect the finished product and to prevent pollution of surrounding environment or creation of a nuisance to the public.

(3) All rendering material shall be transported to the rendering establishment in covered and leak-proof vehicles, such vehicles to be used for this purpose only and to be cleaned and disinfected after delivering each load.

(4) All rendering material shall be heated to a sufficient temperature for a sufficient length of time to destroy all pathogens and processed under sanitary procedures that prohibit the recontamination of the product after cooking.

(5) The finished product shall be transported from the rendering establishment or the establishment processing 4-D animals in a clean vehicle in such a manner that will prevent contamination.

(6) Rendering establishments and establishments processing 4-D animals may be inspected periodically by an inspector who may procure samples for laboratory testing.

History:

[25-3203, added 1969, ch. 33, sec. 3, p. 57; am. 2014, ch. 97, sec. 7, p. 271.]
Idaho Code § 25-2713 — Idaho Code / Title 25 / Chapter 27 / Section 25-2713
25-2713 PENALTIES FOR VIOLATIONS.
Status: in_force

25-2713. Penalties for violations. (1) Any person convicted of violating any of the provisions of this chapter, or the rules promulgated under this chapter, or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent said director or a duly authorized agent in performance of their duty in connection with the provisions of this chapter, shall be adjudged guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500) for the first violation, and not more than one thousand five hundred dollars ($1,500) for a subsequent violation. In all prosecutions under the provisions of this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the director shall be accepted as prima facie evidence of the composition.

(2) Any person who violates or fails to comply with any of the provisions of this chapter or any rules promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense and shall be liable for reasonable attorney's fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. If the director is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the director has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected for violation of a rule shall be remitted to the feed and fertilizer account.

(3) Nothing in this chapter shall be construed as requiring the director or a duly authorized representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when the director believes that the public interest will be best served by a suitable notice of warning in writing.

(4) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the director reports a violation for such prosecution, an opportunity shall be given the distributor to present his view to the director.

(5) The director is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rules promulgated under this chapter notwithstanding the existence of other remedies at law. Said injunction to be issued without bond.

History:

[(25-2713) 25-2726, added 1953, ch. 243, sec. 12, p. 366; am. 1974, ch. 18, sec. 166, p. 364; am. 1993, ch. 12, sec. 9, p. 48; am. and redesig. 2006, ch. 57, sec. 13, p. 179.]
Idaho Code § 25-3513 — Idaho Code / Title 25 / Chapter 35 / Section 25-3513
25-3513 PROSECUTIONS.
Status: in_force

25-3513. Prosecutions. When complaint is made on oath, to any magistrate authorized to issue warrants in criminal cases, that there is probable cause to believe that any provision of law relating to or in any way affecting animals, is being, or is about to be violated in any particular building or place, such magistrate must issue and deliver immediately a warrant directed to any sheriff, police or peace officer, or animal control officer, authorizing him to enter and search such building or place, and to arrest any person there present violating or attempting to violate any law relating thereto, or in any way affecting animals and to bring such person before some court or magistrate of competent jurisdiction, within the city or county within which such offense has been committed or attempted, to be dealt with according to law, and such attempt must be held to be a misdemeanor and persons so convicted shall be punished in accordance with section 25-3520A, Idaho Code.

History:

[(25-3513) R.C., sec. 7153h, as added by 1909, p. 175, sec. 2; reen. C.L., sec. 7153h; C.S., sec. 8550; I.C.A., sec. 17-4211; reen. 1972, ch. 336, sec. 1, p. 886; am. 1994, ch. 131, sec. 10, p. 299; am. and redesig. 1994, ch. 346, sec. 13, p. 1095; am. 1996, ch. 229, sec. 10, p. 747.]
Idaho Code § 25-1106 — Idaho Code / Title 25 / Chapter 11 / Section 25-1106
25-1106 DUTIES OF INSPECTOR AND DEPUTY BRAND INSPECTORS AS LAW ENFORCEMENT OFFICERS.
Status: in_force

25-1106. Duties of inspector and deputy brand inspectors as law enforcement officers. The state brand inspector and deputy brand inspectors shall also have power and the duty to enforce all of the laws of the state for the identification, inspection and transportation of livestock and sheep and all laws of the state designed or intended to prevent the theft of livestock and sheep and shall have all of the authority and powers of peace officers vested in the director of the Idaho state police, with general jurisdiction throughout the state.

The state brand inspector shall give special consideration to reducing the loss of livestock and sheep by theft and to that end may inspect and cause inspections to be made outside the state of Idaho of livestock and sheep transported or driven from the state of Idaho, and shall also coordinate the efforts of all other law enforcement officials and peace officers in the apprehension and conviction of persons who have stolen livestock, sheep, hides, pelts, or carcasses of livestock.

History:

[(25-1106) 25-1109, 1943, ch. 70, sec. 6, p. 147; am. 1977, ch. 134, sec. 2, p. 290; am. & redesig. 1988, ch. 75, sec. 7, p. 116; am. 2000, ch. 469, sec. 77, p. 1524; am. 2012, ch. 27, sec. 2, p. 84.]
Idaho Code § 25-2905 — Idaho Code / Title 25 / Chapter 29 / Section 25-2905
25-2905 DEFINITIONS.
Status: in_force

25-2905. Definitions. As used in this act, unless the context requires otherwise:

1. The term "beef" means and includes beef, beef products, veal and veal products.

2. The term "council" means the Idaho beef council.

3. The term "board" means the state brand board.

4. The term "fiscal year" means the fiscal year commencing on July 1, and ending on the next succeeding June 30.

5. The term "dairyman" means a person engaged in the production of fluid milk.

6. The term "beef producer" means a person who raises, breeds or grows cattle or calves for beef production.

7. The term "cattle feeder" means a person engaged in feeding cattle.

8. The term "cattle" means and includes calves.

9. The term "marketman" means a person actively engaged in operating a public livestock auction in this state.

History:

[25-2905, added 1967, ch. 222, sec. 5, p. 670.]
Idaho Code § 25-2311 — Idaho Code / Title 25 / Chapter 23 / Section 25-2311
25-2311 SALE BY BRAND INSPECTOR.
Status: in_force

25-2311. Sale by brand inspector. If the estray livestock is sold by a brand inspector, he shall immediately advise the state brand inspector of all the particulars of the matter and account for the proceeds and forward the net proceeds of the sale to the state brand inspector to be placed in the unclaimed livestock account, to be handled as provided for by sections 25-1173 and 25-1174, Idaho Code, and the rules and regulations of the state brand board. The previous owner of the animal may make claim for the net proceeds as provided for by sections 25-1173 and 25-1174, Idaho Code.

History:

[I.C., sec. 25-2311, as added by 1976, ch. 88, sec. 2, p. 301; am. 1988, ch. 75, sec. 42, p. 131.]
Idaho Code § 25-2211 — Idaho Code / Title 25 / Chapter 22 / Section 25-2211
25-2211 VIEWERS' QUALIFICATIONS.
Status: in_force

25-2211. Viewers' qualifications. The viewers provided for by this chapter shall not be related to the person appointing that viewer by consanquinity or affinity within the second degree under the civil system of determining relationship.

History:

[25-2211, added 1978, ch. 168, sec. 2, p. 369.]
Idaho Code § 25-213 — Idaho Code / Title 25 / Chapter 2 / Section 25-213
25-213 SALE OF ANIMALS AFFECTED WITH COMMUNICABLE DISEASES.
Status: in_force

25-213. Sale of animals affected with communicable diseases. It shall be unlawful for any person, firm or corporation, agent, or employee thereof, knowingly to sell, offer to sell, or in any manner to part with to another, any animal affected or infected with any contagious or communicable disease, or with the disease of epithelioma of the eye, commonly known as "cancer eye," except for immediate slaughter, and in accordance with the meat inspection regulations of the United States department of agriculture, or dispose of the meat, milk or other products of any animal that may be affected or infected with such contagious, infectious or communicable disease or with the disease of epithelioma of the eye, commonly known as "cancer eye," for use as food or for other purposes, except in such manner as shall be provided by the rules and regulations of the division, or to dispose of to another in any manner an animal or animals that may be in quarantine without notifying the purchaser of the existence of such quarantine, or until such time as the quarantine shall have been raised by the proper officer.

History:

[(25-213) 1919, ch. 35, sec. 12, p. 125; C.S., sec. 1852; I.C.A., sec. 24-213; am. 1957, ch. 60, sec. 3, p. 102; am. 1974, ch. 18, sec. 112, p. 364; am. 1993, ch. 16, sec. 9, p. 62.]
Idaho Code § 25-812 — Idaho Code / Title 25 / Chapter 8 / Section 25-812
25-812 RECORDS OF PRACTITIONERS — INSPECTION BY DIVISION.
Status: in_force

25-812. Records of practitioners — Inspection by division. Every person practicing artificial insemination as herein defined in the state of Idaho must make and keep a record showing each artificial insemination performed by him, the date thereof, the owner of the animal so inseminated, and the source of the semen used by him for such purpose. Such records shall at all times be open to the division for examination and inspection and in addition thereto the method and procedure used by any person in the practice of artificial insemination under this act may be examined, inspected and investigated by the division at any time.

History:

[25-812, added 1945, ch. 180, sec. 12, p. 274; am. 1974, ch. 18, sec. 146, p. 364.]
Idaho Code § 25-210 — Idaho Code / Title 25 / Chapter 2 / Section 25-210
25-210 POWERS OF VETERINARIANS AND INSPECTORS.
Status: in_force

25-210. Powers of veterinarians and inspectors. (1) In order to prevent the introduction or dissemination of disease among the animals of this state, the administrator of the division shall be authorized and directed to:

(a) Quarantine any portion of this state and it shall be unlawful to move animals from or into such quarantined area except in accordance with the rules of the division;

(b) Prohibit or restrict entry of animals into the state that may be exposed to, infected with or may otherwise harbor or be contaminated with any contagious, infectious or communicable disease or agent;

(c) Prohibit or restrict entry of vehicles, other means of conveyance or any other item into the state which may harbor or be contaminated with any contagious, infectious or communicable disease or agent;

(d) Prohibit or restrict movement of vehicles, other means of conveyance, or any other item, that may harbor or be contaminated with any contagious, infectious or communicable disease or agent, out of any quarantined area or into any quarantined area;

(e) Authorize and empower state veterinarians, livestock inspectors and the inspectors or agents of the United States department of agriculture/animal and plant health inspection service/veterinary services under the joint supervision of the state division and chief of the United States department of agriculture/animal and plant health inspection service/veterinary services to inspect, quarantine, treat, test, vaccinate, and condemn, appraise, slaughter and dispose of any animals affected or infected with any contagious, infectious or communicable disease, or infected with the disease of epithelioma of the eye, commonly known as "cancer eye," or that have been exposed to any such disease;

(f) Order the preventive slaughter or destruction of disease susceptible animals that have not been exposed to create an area or areas that are free of all susceptible animals in order to stop spread of a highly contagious disease in the state;

(g) Establish biosecurity procedures and restrict human access to quarantined areas and infected and exposed premises in order to prevent dissemination of disease;

(h) Quarantine, clean and disinfect all premises where infected or exposed animals have been kept.

(2) In order to carry out the purpose of this chapter, state and federal veterinarians, inspectors, or agents are hereby authorized and empowered to enter any field, feed yard, barn, stable, railroad car, stockyards, truck, airplane, other means of conveyance, or other premises in this state where animals are kept. Said veterinarians, inspectors or agents, state and federal, 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 and of said Acts of Congress approved May 29, 1884, and the Act of March 3, 1905. Such sheriffs, constables, and other peace officers shall give such assistance as may be requested by said veterinarians, inspectors or agents in carrying out the provisions of this chapter and said Acts of Congress. The word animal or animals used in this chapter shall include any vertebrate member of the animal kingdom, except man; and the word disease shall include diseases of these animals.

(3) Any deer, elk, moose, bighorn sheep or bison handled, imported or transported by the department of fish and game shall be tested for the presence of certain communicable diseases that can be transmitted to domestic livestock. Those communicable diseases to be tested for shall be arrived at by mutual agreement between the department of fish and game and the department of agriculture.

History:

[(25-210) 1919, ch. 35, sec. 9, p. 124; C.S., sec. 1849; I.C.A., sec. 24-210; am. 1953, ch. 6, sec. 1, p. 7; am. 1957, ch. 60, sec. 2, p. 102; am. 1974, ch. 18, sec. 109, p. 364; am. 1987, ch. 211, sec. 1, p. 445; am. 1991, ch. 36, sec. 1, p. 72; am. 1993, ch. 16, sec. 6, p. 60; am. 2002, ch. 87, sec. 1, p. 206.]
Idaho Code § 25-2109 — Idaho Code / Title 25 / Chapter 21 / Section 25-2109
25-2109 STALLIONS RUNNING AT LARGE — PENALTY FOR VIOLATION.
Status: in_force

25-2109. Stallions running at large — Penalty for violation. If any stallion of less than $250 market cash and assessed value, ridgeling, or any unaltered male mule or jackass over the age of eighteen (18) months be found running at large, the owner must be fined for the first offense twenty dollars ($20.00), and for each subsequent offense not more than $100, nor less than forty dollars ($40.00), to be recovered before a justice of the peace in the name of any person who will prosecute the same, one-half (1/2) to his own use and the other half to the use of the county school fund.

History:

[(25-2109) 1868, p. 127, sec. 2; am. R.S., sec. 1241; am. 1890-1891, p. 48, sec. 2; reen. 1899, p. 26, sec. 2; reen. R.C. & C.L., sec. 1285; C.S., sec. 1978; I.C.A., sec. 24-1809.]
Idaho Code § 25-3507 — Idaho Code / Title 25 / Chapter 35 / Section 25-3507
25-3507 EXHIBITION OF DOGFIGHTS.
Status: in_force

25-3507. Exhibition of dogfights. (1) Every person who knowingly owns, possesses, keeps, trains, buys or sells dogs for the purpose of a public or private display of combat between two (2) or more dogs in which the fighting, killing, maiming or injuring of dogs is a significant feature is guilty of a felony.

(2) Every person who knowingly advertises, promotes, organizes, participates or knowingly has a monetary interest in a public or private display of combat between two (2) or more dogs in which the fighting, killing, maiming or injuring of dogs is a significant feature is guilty of a felony.

(3) Every person who is knowingly present as a spectator at any place where preparations are being made for an exhibition of the fighting of dogs with the intent to be present at such preparations or to be knowingly present at such exhibition shall be guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code.

(4) Nothing in this section prohibits: demonstrations of the hunting, herding, working or tracking skills of dogs or the lawful use of dogs for hunting, herding, working, tracking or self and property protection; the use of dogs in the management of livestock or the training, raising, breeding or keeping of dogs for any purpose not prohibited by law. An exhibition of dogfighting shall not be construed to mean the type of confrontation that happens unintentionally because of a chance encounter between two (2) or more uncontrolled dogs.

History:

[(25-3507) R.C., sec. 7153c, as added by 1909, p. 175, sec. 2; reen. C.L., sec. 7153c; C.S., sec. 8545; I.C.A., sec. 17-4205; reen. 1972, ch. 336, sec. 1, p. 885; am. and redesig. 1994, ch. 346, sec. 7, p. 1093; am. 1996, ch. 229, sec. 6, p. 746; am. 2008, ch. 32, sec. 1, p. 64.]
Idaho Code § 25-2611 — Idaho Code / Title 25 / Chapter 26 / Section 25-2611
25-2611 EXTENSION DIVISION OF UNIVERSITY.
Status: in_force

25-2611. Extension division of university. The extension division of the University of Idaho is hereby authorized to furnish supplies at cost to persons or organizations for the purpose of controlling agricultural pests.

History:

[(25-2611) 1951, ch. 275, sec. 11, p. 578; 25-2628 am. and redesignated 25-2611, 1989, ch. 210, sec. 11, p. 518.]
Idaho Code § 25-2709 — Idaho Code / Title 25 / Chapter 27 / Section 25-2709
25-2709 INSPECTION, SAMPLING, ANALYSIS.
Status: in_force

25-2709. Inspection, sampling, analysis. (1) For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the director upon presenting appropriate credentials, to the owner, operator, or agent in charge, are authorized:

(a) To enter, during normal business hours, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds, and

(b) To inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein.

The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice regulations established under the provisions of this chapter. Each inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.

(2) A separate notice shall be given for each inspection, but a notice shall not be required for each entry made during the period covered by the inspection.

(3) If the office or employee making inspection of a factory, warehouse or other establishment has obtained a sample or samples in the course of the inspection, upon completion of the inspection and prior to leaving the premises, the inspector/sampler shall give to the owner, operator or agent in charge a receipt describing any sample or samples obtained.

(4) Sampling and analysis shall be conducted in accordance with methods published by the association of official analytical chemists, or in accordance with other generally recognized methods.

(5) The director, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in subsection (18) of section 25-2703, Idaho Code, and obtained and analyzed as provided for in this section.

(6) If the owner of any factory, warehouse, or establishment described in subsection (1) of this section, or authorized agent, refuses to admit the director or an authorized agent to inspect in accordance with subsections (1) and (7) of this section, the director is authorized to obtain from any state court of competent jurisdiction a warrant directing such owner or agent to submit the premises described in such warrant to inspection.

(7) For the enforcement of this chapter, the director or a duly authorized agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine and make copies of records relating to distribution of commercial feeds.

(8) The results of all analyses of official samples shall be forwarded by the director to the registrant and to the purchaser. When the inspection and analysis of an official sample indicate a commercial feed has been adulterated or misbranded and upon request by the registrant or purchaser within thirty (30) days following the receipt of the analysis the director shall furnish to the registrant a portion of the sample concerned.

History:

[(25-2709) 25-2723, added 1953, ch. 243, sec. 9, p. 366; am. 1974, ch. 18, sec. 163, p. 364; am. 1993, ch. 12, sec. 7, p. 46; am. and redesig. 2006, ch. 57, sec. 9, p. 177; am. 2012, ch. 89, sec. 6, p. 251.]
Idaho Code § 25-603 — Idaho Code / Title 25 / Chapter 6 / Section 25-603
25-603 BRUCELLOSIS ERADICATION AREA.
Status: in_force

25-603. Brucellosis eradication area. The state of Idaho and its counties are engaged in the eradication of brucellosis from the cattle and other animals within this state and the movement of cattle and other animals is prohibited except in conformity with the rules and regulations of the department promulgated for the purpose of preventing the introduction of brucellosis into an Idaho county from any other county or state. Any person, firm, or corporation, who shall bring into the state or such county any cattle or other animals in violation of the rules and regulations of the department, 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 such county in violation of such rules and regulations. The department shall issue permits authorizing the moving of cattle or other animals to and from and through and across such areas for exhibition, sale, or feeding purposes and for transporting or moving cattle or other animals from one (1) locality to another outside of such areas. Such permits shall be issued under such reasonable rules and regulations as may be promulgated from time to time by the department, with due regard to the convenience of the livestock owners and the protection of livestock within the areas established as herein provided for the eradication of brucellosis.

History:

[25-603, added 1939, ch. 150, sec. 3, p. 267; am. 1986, ch. 102, sec. 1, p. 288; am. 1988, ch. 114, sec. 3, p. 206; am. 1993, ch. 13, sec. 3, p. 50.]
Idaho Code § 25-231 — Idaho Code / Title 25 / Chapter 2 / Section 25-231
25-231 SEPARABILITY.
Status: in_force

25-231. Separability. If any part or section of this chapter be decided by the courts to be unconstitutional or invalid, the same shall not affect the validity of the chapter as a whole, or any part thereof which can be given effect without the part so decided to be unconstitutional.

History:

[(25-231) 1919, ch. 35, sec. 35, p. 132; C.S., sec. 1877; I.C.A., sec. 24-231.]
Idaho Code § 25-3001 — Idaho Code / Title 25 / Chapter 30 / Section 25-3001
25-3001 FUR FARMING DEEMED AGRICULTURAL PURSUIT.
Status: in_force

25-3001. Fur farming deemed agricultural pursuit. It shall be lawful for any person, persons, association or corporations to engage in the business of propagating, breeding, owning or controlling domestic fur-bearing animals, which are defined as fox, mink, chinchilla, marten, fisher, muskrat, beaver, bobcat, and other fur-bearing animals the department of agriculture may designate by rule, bred and raised in captivity for the purpose of harvesting pelts or providing replacement animals to fur farms that harvest pelts as their primary activity. For the purposes of all classification and administration of the laws of the state of Idaho, and all administrative orders and rules pertaining thereto, the breeding, raising, producing or marketing of such animals or their products by the producer shall be deemed an agricultural pursuit; such animals shall be deemed livestock and their products shall be deemed agricultural products; the persons engaged in such agricultural pursuits shall be deemed farmers, fur farmers, fur breeders, or fur ranchers; the premises within which such pursuit is conducted and domestic fur-bearing animals are raised for the purpose of harvesting pelts or providing replacement animals to fur farms that harvest pelts as their primary activity shall be deemed farms, fur farms, or fur ranches.

History:

[25-3001, added 1961, ch. 152, sec. 1, p. 218; am. 2006, ch. 226, sec. 2, p. 678.]
Idaho Code § 25-3708 — Idaho Code / Title 25 / Chapter 37 / Section 25-3708
25-3708 FEES.
Status: in_force

25-3708. Fees. (1) There is hereby imposed, on domestic cervidae, a fee, as determined by the director, not to exceed ten dollars ($10.00) per head per year and shall be due on January 1 of each year. Such fee shall apply to all domestic cervidae present at the farm or ranch as of December 31.

(2) There is hereby imposed, on all domestic cervidae imported from outside of the state, a fee of ten dollars ($10.00) per head payable by December 31 of the year of import.

(3) There is hereby imposed, on all domestic cervidae exported outside of the state, a fee of ten dollars ($10.00) per head payable by December 31 of the year of export.

(4) There is hereby imposed, on all domestic cervidae whose ownership is transferred from one (1) producer to another within the state, a fee of ten dollars ($10.00) per head paid by the seller payable by December 31 of the year of transfer.

(5) The department shall accept payment of fees by cash and check and shall also facilitate the payment of fees by debit and credit card through electronic and telephonic means, as available.

(6) Fees imposed by the provisions of subsections (2), (3) and (4) of this section shall not apply to domestic cervidae destined to an approved slaughter establishment.

(7) The fee shall be used by the Idaho state department of agriculture, division of animal industries, solely for the prevention, control and eradication of diseases of domestic cervidae, the inspection of domestic cervidae and domestic cervidae farms or ranches, and administration of the domestic cervidae program. All moneys collected under this provision shall be deposited in the livestock disease control and tuberculosis indemnity fund and used for the domestic cervidae program.

History:

[(25-3708) 25-3508, added 1994, ch. 73, sec. 1, p. 153; am. and redesig. 2004, ch. 182, sec. 7, p. 571; am. 2014, ch. 39, sec. 3, p. 91; am. 2020, ch. 319, sec. 1, p. 918.]
Idaho Code § 25-811 — Idaho Code / Title 25 / Chapter 8 / Section 25-811
25-811 REGISTER.
Status: in_force

25-811. Register. The division of animal industries shall keep on file a register of all applicants for licenses, rejected applicants and persons licensed to practice under this act.

History:

[25-811, added 1945, ch. 180, sec. 11, p. 274; am. 1974, ch. 18, sec. 145, p. 364.]
Idaho Code § 25-3518 — Idaho Code / Title 25 / Chapter 35 / Section 25-3518
25-3518 BEATING AND HARASSING ANIMALS.
Status: in_force

25-3518. Beating and harassing animals. Every person who cruelly whips, beats or otherwise maliciously treats any animal, or maliciously harasses with a dog any cattle, horses, sheep, hogs or other livestock shall be guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code.

History:

[(25-3518) 1883, p. 63, sec. 3; R.S., R.C., & C.L., sec. 7155; C.S., sec. 8555; I.C.A., sec. 17-4216; reen. 1972, ch. 336, sec. 1, p. 887; am. and redesig. 1994, ch. 346, sec. 19, p. 1097; am. 1996, ch. 229, sec. 13, p. 748.]
Idaho Code § 25-3802 — Idaho Code / Title 25 / Chapter 38 / Section 25-3802
25-3802 AUTHORITY AND DUTIES OF THE DIRECTOR CONCERNING ODORS FROM AGRICULTURAL OPERATIONS.
Status: in_force

25-3802. Authority and duties of the director concerning odors from agricultural operations. The director of the department of agriculture is authorized to regulate odors from agricultural operations. In order to carry out its duties pursuant to the provisions of this chapter, the director of the department shall be authorized to promulgate necessary administrative rules in compliance with chapter 52, title 67, Idaho Code.

History:

[25-3802, added 2001, ch. 383, sec. 1, p. 1341.]
Idaho Code § 25-2115 — Idaho Code / Title 25 / Chapter 21 / Section 25-2115
25-2115 RANGING SHEEP IN UNINCORPORATED MUNICIPALITIES UNLAWFUL.
Status: in_force

25-2115. Ranging sheep in unincorporated municipalities unlawful. Any person who wilfully or negligently permits any sheep owned by him, or in his care or custody, to be or run at large without a drover within the limits of any unincorporated city, town or village, or who wilfully or negligently fails, neglects or refuses to keep any such sheep controlled within the limits of any unincorporated city, town, or village, shall be guilty of a misdemeanor.

History:

[(25-2115) 1911, ch. 129, sec. 1, p. 417; reen. C.L., sec. 1290a; C.S., sec. 1984; I.C.A., sec. 24-1815.]
Idaho Code § 25-306 — Idaho Code / Title 25 / Chapter 3 / Section 25-306
25-306 VIOLATION OF RULES AND REGULATIONS.
Status: in_force

25-306. Violation of rules and regulations. Any person, firm or corporation violating any of the provisions of this act or any rules and regulations made under and pursuant to the terms of this act 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:

[(25-306) 1923, ch. 146, sec. 6, p. 214; I.C.A., sec. 24-306; am. 1993, ch. 15, sec. 5, p. 57.]
Idaho Code § 25-1140 — Idaho Code / Title 25 / Chapter 11 / Section 25-1140
25-1140 USE OF BRANDS RESTRICTED.
Status: in_force

25-1140. Use of brands restricted. Every stock grower in this state must use a brand for cattle, and a brand for horses, mules and asses, which brand must be placed in a conspicuous place on the animal. It shall be unlawful for any person to use any brand as herein provided, unless such brand be designated in the application for the recording of the brand and the brand be recorded with the state brand inspector. Each application for the recording of a brand shall include only one (1) brand for cattle and one (1) brand for horses, mules and asses, and one (1) brand for sheep, and separate applications may be filed by any stock grower to have any additional brand recorded.

History:

[(25-1140) 1905, p. 352, sec. 2; reen. R.C. & C.L., sec. 1225; C.S., sec. 1918; I.C.A., sec. 24-1002; am. 1937, ch. 135, sec. 1, p. 216; am. 1951, ch. 146, sec. 1, p. 338; am. 1988 & redesignated 25-1140, ch. 75, sec. 19, p. 121.]
Idaho Code § 25-402 — Idaho Code / Title 25 / Chapter 4 / Section 25-402
25-402 COMPENSATION FOR DESTROYED CATTLE OR OTHER ANIMALS.
Status: in_force

25-402. Compensation for destroyed cattle or other animals. When cattle, other bovidae, captive cervidae, captive antilocapridae, or camelidae are destroyed on account of tuberculosis as herein provided, compensation may be paid to the owner of such animals as provided by law; and, provided further, that in no case shall the state pay more than the difference between the appraised value of the animals less any federal indemnity and salvage value.

History:

[(25-402) 1923, ch. 158, sec. 3, p. 231; am. 1927, ch. 55, sec. 1, p. 69; am. 1929, ch. 245, sec. 1, p. 500; I.C.A., sec. 24-403; am. 1941, ch. 107, sec. 1, p. 190; am. 1993, ch. 14, sec. 1, p. 55; am. 2006, ch. 93, sec. 1, p. 267.]
Idaho Code § 25-606 — Idaho Code / Title 25 / Chapter 6 / Section 25-606
25-606 SALE OF REACTORS FOR SLAUGHTER — PAYMENTS TO OWNERS.
Status: in_force

25-606. Sale of reactors for slaughter — Payments to owners. The owner of cattle or other animals which have shown a positive reaction to the brucellosis test shall sell such reactors under the direction of the department at a public auction market for immediate slaughter at a public slaughtering establishment where federal or state post mortem inspection is maintained; or the department may authorize such slaughter upon the owner's property or other place under the direction of said department. After such sale and slaughter the board of examiners is authorized to pay such owner in accordance with section 25-614A, Idaho Code. No compensation shall be made until said owner complies with the rules and regulations of the department. Proof of destruction is required. Post mortem reports will be accepted as proof of slaughter.

History:

[25-606, added 1939, ch. 150, sec. 6, p. 267; am. 1978, ch. 156, sec. 1, p. 344; am. 1988, ch. 114, sec. 6, p. 208; am. 1993, ch. 13, sec. 6, p. 51; am. 2003, ch. 106, sec. 1, p. 333.]
Idaho Code § 25-613A — Idaho Code / Title 25 / Chapter 6 / Section 25-613A
25-613A OFFICIAL VACCINATION AGAINST BRUCELLOSIS REQUIRED — PENALTY.
Status: in_force

25-613A. Official vaccination against brucellosis required — Penalty. (1) All female cattle in the state of Idaho shall be officially vaccinated for protection against brucellosis except as provided in subsection (2) of this section. "Officially vaccinated" shall mean a bovine female animal vaccinated against brucellosis in accordance with section 25-613, Idaho Code, under the supervision of a federal or state veterinary official with age limits prescribed by the department, with a vaccine approved by the department, and permanently identified as such a vaccinate and reported at the time of vaccination to the department or appropriate federal agency cooperating in the eradication of brucellosis.

(2) Female cattle which have not been officially vaccinated shall not be utilized for breeding or dairy purposes. Such cattle may be shipped directly to slaughter, placed in recognized feedlots within the state to be finish fed for slaughter or may be shipped out of the state of Idaho to a state that will accept them as nonvaccinated cattle. The department may require that female cattle which have not been officially vaccinated be uniquely identified as nonvaccinates and may specify in rules identification requirements, methods for identification, requirements for feedlot facilities, entry of cattle into the feedlot, removal of cattle from the feedlot, and recordkeeping requirements for feedlots which desire to finish feed nonvaccinated female cattle.

(3) Female cattle which have not been officially vaccinated may enter the state of Idaho from a state that does not require vaccination. Such cattle shall only be destined for feedlots approved by the director or to other locations at the discretion and under the oversight of the director. Such cattle that are to be utilized for breeding or dairy purposes must be vaccinated upon arrival at a feedlot or other facility approved by the director pursuant to the rules of the department. Female cattle, imported pursuant to the provisions of this subsection, which are eighteen (18) months of age or older (as evidenced by the loss of the first pair of temporary incisors) shall be tested negative for brucellosis to an official brucellosis test prior to being vaccinated.

(4) The director of the department or his designee may grant a hearing to any persons, under such rules as the department may prescribe which are in compliance with chapter 52, title 67, Idaho Code, as to whether an exception should be made to the provisions of this section. An appeal may be taken from the decision of the director or his designee under the provisions of chapter 52, title 67, Idaho Code.

(5) Any person who shall possess or own in this state or acquire within this state any cattle contrary to the provisions of this section shall be subject to the provisions of section 25-616, Idaho Code. The department also may order that when animals are found not to be in compliance with the provisions of chapter 2, title 25, Idaho Code, and chapter 6, title 25, Idaho Code, that they be slaughtered, removed from the state, or placed in a feedlot approved by the director.

History:

[25-613A, added 1980, ch. 148, sec. 1, p. 316; am. 1983, ch. 95, sec. 1, p. 208; am. 1986, ch. 102, sec. 3, p. 289; am. 1993, ch. 216, sec. 9, p. 595; am. 2002, ch. 102, sec. 2, p. 278.]
Idaho Code § 25-130 — Idaho Code / Title 25 / Chapter 1 / Section 25-130
25-130 FIXING ASSESSMENT RATE — PAYMENT OF CLAIMS — REPORT — INSPECTION, QUARANTINE AND TREATMENT OF SHEEP — DISTRICTS.
Status: in_force

25-130. Fixing assessment rate — Payment of claims — Report — Inspection, quarantine and treatment of sheep — Districts. The board shall meet and fix the rate of special assessment to be levied as provided for in this chapter. Any change in the rate of the special assessment shall be made to be effective at the start of a calendar year. The wolf control assessment provided for in section 25-131, Idaho Code, shall not be considered a special assessment subject to the effective date provisions of this section. The board shall audit all bills of salaries and expenses incurred in the enforcement of this chapter that may be payable from the Idaho sheep and goat health account which shall be audited, allowed and paid as other claims against the state. The board shall have power to order an inspection or quarantine of any sheep in the state of Idaho, whether diseased or exposed to disease, to compel dipping or other treatment of sheep, whether diseased or exposed to disease, at such times and as often as it deems necessary to ensure the suppression or eradication of any infectious or contagious disease of sheep and divide the state into such districts as may be necessary for the enforcement of this chapter.

History:

[25-130, added 1951, ch. 250, sec. 5, p. 527; am. 1969, ch. 156, sec. 2, p. 484; am. 1985, ch. 63, sec. 5, p. 130; am. 1986, ch. 3, sec. 1, p. 41; am. 1997, ch. 116, sec. 5, p. 293; am. 2012, ch. 117, sec. 5, p. 323; am. 2014, ch. 188, sec. 4, p. 503.]
Idaho Code § 25-3108 — Idaho Code / Title 25 / Chapter 31 / Section 25-3108
25-3108 SALARY.
Status: in_force

25-3108. Salary. Notwithstanding the provisions of section 59-509, Idaho Code, members of the commission shall fix the compensation they shall each receive for their services, not to exceed the sum of one hundred fifty dollars ($150) per day, and shall fix the reimbursement they shall each receive for their travel and their necessary expenses for each day they shall be away from their place of residence and engaged in the business of their office, subject to the limits provided in section 67-2008, Idaho Code.

History:

[25-3108, added 1969, ch. 140, sec. 8, p. 435; am. 1973, ch. 20, sec. 1, p. 41; am. 1980, ch. 247, sec. 24, p. 600; am. 1990, ch. 142, sec. 1, p. 321; am. 2014, ch. 110, sec. 1, p. 320.]
Idaho Code § 25-3118 — Idaho Code / Title 25 / Chapter 31 / Section 25-3118
25-3118 PURCHASER'S STATEMENTS.
Status: in_force

25-3118. Purchaser's statements. (1) The purchaser or the producer-handler at the time of settlement, shall make and deliver separate statements for each purchaser to the producer and said statements shall be delivered to the producer at the time of each monthly or bimonthly payment date.

(2) The statements shall be on forms and in such numbers as prescribed and approved by the commission and shall show at least:

(a) The name or names and address or addresses of the producer.

(b) The name and address of the purchaser, or the producer-handler.

(c) The dollar value of the milk and/or cream sold.

(d) The date of the purchase.

(3) Unlawful or wilful alterations of a statement shall constitute a misdemeanor.

History:

[25-3118, added 1969, ch. 140, sec. 18, p. 435.]
Idaho Code § 25-3602 — Idaho Code / Title 25 / Chapter 36 / Section 25-3602
25-3602 RATITE FARMS PLACED UNDER JURISDICTION OF DEPARTMENT OF AGRICULTURE.
Status: in_force

25-3602. Ratite farms placed under jurisdiction of department of agriculture. The department of agriculture and the administrator of the division of animal industries shall have administrative authority for all functions which affect the breeding, raising, producing, marketing or any other phase of the production or distribution of domestic ratites, or the products thereof.

History:

[(25-3602) 25-3502, added 1994, ch. 72, sec. 1, p. 150; am. and redesig. 2005, ch. 25, sec. 25, p. 94.]
Idaho Code § 25-1908 — Idaho Code / Title 25 / Chapter 19 / Section 25-1908
25-1908 GRAZING STOCK ON IMPROVED LAND.
Status: in_force

25-1908. Grazing stock on improved land. Any owner or other person in charge of any herd or drove of livestock, who wilfully or negligently injures any resident of the state by driving or moving such herd or drove from any public highway, and herding or grazing the same on land occupied and improved by any settler in possession of the same, is guilty of a misdemeanor.

History:

[(25-1908) 1881, p. 295, sec. 15; R.S., R.C., & C.L., sec. 6882; C.S., sec. 8335; I.C.A., sec. 24-1608.]
Idaho Code § 25-2401 — Idaho Code / Title 25 / Chapter 24 / Section 25-2401
25-2401 COMMISSIONERS MAY CREATE HERD DISTRICTS.
Status: in_force

25-2401. Commissioners may create herd districts. (1) The board of county commissioners of each county in the state shall have power to create, modify or eliminate herd districts within such county as hereinafter provided; and when such district is so created, modified or eliminated, the provisions of this chapter shall apply and be enforceable therein. On and after January 1, 1990, no county shall regulate or otherwise control the running at large of horses, mules, asses, cattle, sheep or goats within the unincorporated areas of the county unless such regulation or control is provided by the creation of a herd district pursuant to the provisions of this chapter, except as provided by subsection (2) of this section.

(2) A panel of five (5) members may be created in a county, the members of which shall be appointed as follows: two (2) members by appointment of the board of county commissioners; two (2) members by appointment of a local, county or state livestock association or associations; and the fifth member, by concurrent appointment of the first four (4) appointees. Only if a majority of said panel, after a public hearing held with notice as prescribed by law, concludes that the creation, modification or elimination of a herd district is insufficient to control or otherwise regulate the movement of livestock in an area, the board of county commissioners shall have power to establish such control by ordinance, provided that the cost of construction and maintenance of any fencing or cattle guards required by said ordinance shall be paid by the county current expense fund. Notwithstanding any provision of law to the contrary, a county shall have the authority to levy an annual property tax of not to exceed two hundredths percent (.02%) of market value for assessment purposes on taxable real property within the county, and the revenues derived therefrom shall not be used for any other purpose.

History:

[(25-2401) 1907, p. 126, sec. 1; reen. R.C. & C.L., sec. 1302; C.S., sec. 2011; I.C.A., sec. 24-2101; am. 1990, ch. 222, sec. 1, p. 589; am. 1996, ch. 322, sec. 4, p. 1033; am. 2023, ch. 261, sec. 1, p. 782.]
Idaho Code § 25-3407 — Idaho Code / Title 25 / Chapter 34 / Section 25-3407
25-3407 TERMINATION OF ASSESSMENT.
Status: in_force

25-3407. Termination of assessment. Upon receipt of a petition signed by at least ten percent (10%) of the pork producers in Idaho known to the association, the department shall notify the association and the association shall, within six (6) months, conduct a referendum upon the question of continuing the assessment. If a majority of the votes cast in the referendum are against continuing the assessment or if the association fails to conduct a referendum within the six (6) month period, the assessment expires at the end of the six (6) month period. If a majority of the votes cast in the referendum are in favor of continuing the assessment, then no subsequent referendum shall be held for at least three (3) years.

History:

[25-3407, added 1992, ch. 260, sec. 1, p. 755.]
Idaho Code § 25-1303 — Idaho Code / Title 25 / Chapter 13 / Section 25-1303
25-1303 PREVENTION OF TRESPASS OF LIVESTOCK — CRIMINAL AND CIVIL LIABILITY.
Status: in_force

25-1303. Prevention of trespass of livestock — Criminal and civil liability. Any person owning or having charge of any herd or drove of livestock, who drives or moves the same into or through any county in this state, in which the owner thereof is not a resident or landowner, and where the land is owned or is occupied and improved, must prevent such herd or drove from mixing with the livestock belonging in said county, and must also prevent such herd or drove from trespassing on land in the possession of any actual settler, and used by him for grazing purposes, or for the growing of grain, hay or other crops, or injuring any ditches owned or used by such settler. If any owner or person in charge of any such herd or drove of livestock wilfully or negligently injures any resident of this state by driving or moving such herd or drove of livestock from any public highway, and herding or grazing the same on land occupied and improved by any settler in possession of the same, he is guilty of a misdemeanor; and is also liable in a civil action to the party injured for the damages by him sustained.

History:

[(25-1303) 1881, p. 295, sec. 15; am. R.S., sec. 1183; reen. R.C. & C.L., sec. 1243; C.S., sec. 1936; I.C.A., sec. 24-1105.]
Idaho Code § 25-3121 — Idaho Code / Title 25 / Chapter 31 / Section 25-3121
25-3121 VIOLATION OF THIS CHAPTER — MISDEMEANOR — FINES.
Status: in_force

25-3121. Violation of this chapter — Misdemeanor — Fines. Any person who shall violate or aid in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than three hundred dollars ($300) or imprisonment not to exceed ninety (90) days, or both. Fines collected for violation of this chapter shall be paid into the Idaho dairy products commission fund.

History:

[25-3121, added 1969, ch. 140, sec. 21, p. 435; am. 2013, ch. 176, sec. 10, p. 411.]
Idaho Code § 25-4014 — Idaho Code / Title 25 / Chapter 40 / Section 25-4014
25-4014 PENALTY FOR VIOLATIONS.
Status: in_force

25-4014. PENALTY FOR VIOLATIONS. Whoever shall violate any of the provisions of this chapter or the rules promulgated hereunder:

(1) May be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense.

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

(3) No civil penalty may be assessed unless the person, corporation, cooperative or company charged is given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act.

(4) 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.

(5) Any person against whom the department has assessed a civil penalty under the provisions of this section may, within twenty-eight (28) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.

(6) Moneys collected for violations pursuant to the provisions of this section shall be deposited in the state treasury and credited to the state school district building account.

(7) Nothing in this chapter shall be construed as requiring 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:

[25-4014, added 2011, ch. 227, sec. 1, p. 620; am. 2015, ch. 244, sec. 7, p. 1011.]
Idaho Code § 25-1731 — Idaho Code / Title 25 / Chapter 17 / Section 25-1731
25-1731 RECORDS OF CHARTER HOLDER.
Status: in_force

25-1731. Records of charter holder. Every market charter holder under this act shall keep an accurate record of all transactions conducted in the ordinary course of his business. Such records shall be available for the examination of the director, or his duly authorized representative, in respect to a market charter issued under the provisions of this act.

History:

[25-1731, added 1961, ch. 201, sec. 13, p. 310; am. 1974, ch. 18, sec. 156, p. 364.]
Idaho Code § 25-228 — Idaho Code / Title 25 / Chapter 2 / Section 25-228
25-228 SWINE — DISINFECTION OF PENS AND OTHER PREMISES.
Status: in_force

25-228. Swine — Disinfection of pens and other premises. The representatives of the division or the inspectors or agents of the United States department of agriculture/animal and plant health inspection service/veterinary services shall be authorized and empowered to clean and disinfect any premises that may have contained swine affected or infected with or exposed to hog cholera, pseudorabies, or other contagious, infectious or communicable disease. Such disinfecting shall be done at the expense of the owner and under the supervision of the division, with a disinfecting agent, approved by and used in accordance with the rules and regulations of the division.

History:

[(25-228) 1919, ch. 35, sec. 32, p. 131; C.S., sec. 1874; I.C.A., sec. 24-228; am. 1974, ch. 18, sec. 123, p. 364; am. 1991, ch. 36, sec. 8, p. 75.]
Idaho Code § 25-2903 — Idaho Code / Title 25 / Chapter 29 / Section 25-2903
25-2903 MEMBERS — APPOINTMENT — TERMS.
Status: in_force

25-2903. Members — Appointment — Terms. The governor shall appoint all members of the council for a term of three (3) years. At the end of each of the above terms the governor shall appoint all successors in office for a term of three (3) years.

Vacancies in any unexpired term shall be filled by the governor for the remainder of the unexpired term. The member appointed to fill the vacancy shall represent the same interests as the person whose office has become vacant.

History:

[25-2903, added 1967, ch. 222, sec. 3, p. 670; am. 1997, ch. 96, sec. 2, p. 225.]
Idaho Code § 25-1181 — Idaho Code / Title 25 / Chapter 11 / Section 25-1181
25-1181 PENALTIES.
Status: in_force

25-1181. Penalties. (1) Any person who shall present false or fraudulent information to obtain a brand inspection certificate shall be guilty of a felony.

(2) Any person who wilfully forges any brand inspection certificate or written permit, or alters the same in any manner, with the intent to defraud another, or with the intent to deceive any state brand inspector or any other law enforcement officer in the state of Idaho, shall be guilty of forgery.

(3) Any person who shall knowingly transport livestock without proper certificate or permit, or knowingly offers for shipment any livestock not his own or without the authority of the owner of said livestock shall be deemed guilty of a misdemeanor.

(4) Any person who shall, without proper brand inspection certificate or written permit, transport livestock in violation of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed three hundred dollars ($300) or by imprisonment in the county jail not to exceed six (6) months or be punished by both fine and imprisonment.

(5) Any person who shall refuse to permit inspection of any livestock as required by this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed three hundred dollars ($300) or by imprisonment in the county jail not to exceed six (6) months or be punished by both fine and imprisonment; and provided further, such person may be liable for civil damages to any owner of such livestock injured thereby, plus treble damages and for costs of suit and attorney's fees.

(6) It shall be unlawful for any common carrier to transport livestock within or without the state of Idaho without having had the required brand inspections required by this chapter, and any common carrier who knowingly violates the requirements of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined a sum not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000); and provided further, that said common carriers may be liable for civil damages to any owner of such livestock who is injured thereby plus treble damages and for costs of suit and attorney's fees. Any person who transports livestock within or without the state of Idaho without having had the brand inspection required by this chapter, and who has not previously violated this section, is guilty of an infraction. Any subsequent violation of this section is a misdemeanor, punishable by a fine not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed six (6) months, or by both a fine and imprisonment.

(7) Any person who shall violate any of the rules adopted by the state brand board for the implementation of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed three hundred dollars ($300) or by imprisonment in the county jail not to exceed six (6) months or be punished by both fine and imprisonment.

(8) It shall be a misdemeanor to brand any livestock with a recorded brand, when such livestock is not owned by the owner or owners of the recorded brand used.

(9) It shall be a felony to brand any livestock with a recorded brand, when such livestock is not owned by the owner or owners of the recorded brand used, for the purpose of committing or facilitating the theft of said livestock.

History:

[(25-1181) I.C., sec. 25-1415, as added by 1973, ch. 168, sec. 20, p. 339; am. 1988 & redesignated 25-1181, ch. 75, sec. 39, p. 129; am. 1995, ch. 123, sec. 1, p. 539; am. 1996, ch. 90, sec. 4, p. 272; am. 1997, ch. 105, sec. 3, p. 249.]
Idaho Code § 25-2808 — Idaho Code / Title 25 / Chapter 28 / Section 25-2808
25-2808 DOGS USED IN LAW ENFORCEMENT.
Status: in_force

25-2808. Dogs used in law enforcement. Neither the state of Idaho, nor any city or county, nor any peace officer employed by any of them, shall be criminally liable under the provisions of section 25-2810, Idaho Code, or civilly liable in damages for injury committed by a dog when: (1) the dog has been trained to assist in law enforcement; and (2) the injury occurs while the dog is reasonably and carefully being used in the apprehension, arrest or location of a suspected offender or in maintaining or controlling the public order.

History:

[25-2808, added 1981, ch. 331, sec. 1, p. 692; am. 1999, ch. 312, sec. 1, p. 778; am. 2016, ch. 285, sec. 2, p. 786.]
Idaho Code § 25-3901 — Idaho Code / Title 25 / Chapter 39 / Section 25-3901
25-3901 DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT.
Status: in_force

25-3901. Declaration of policy and statement of legislative intent. The Idaho legislature finds and declares that the agriculture industry, wildlife of the state, and the environment are all important components of Idaho's economy, and that it is in the public interest to strictly regulate the importation or possession of deleterious exotic animals up to and including prohibition of the importation or possession of such animals.

History:

[25-3901, added 2003, ch. 105, sec. 1, p. 332.]
Idaho Code § 25-237 — Idaho Code / Title 25 / Chapter 2 / Section 25-237
25-237 DISPOSAL OF DEAD ANIMAL BODIES, CARCASSES AND BODY PARTS.
Status: in_force

25-237. Disposal of dead animal bodies, carcasses and body parts. (1) The administrator of the division is authorized to regulate the disposal of dead animal bodies, carcasses and body parts, and similar activities to protect public health, animals and the environment. The administrator is authorized to promulgate and enforce rules that may be necessary for the efficient administration and enforcement of this section. Such rules shall be consistent with other applicable state or federal laws or rules or regulations which relate to disposal of dead animal bodies, carcasses and body parts.

(2) Any person violating this section or rules promulgated under this section is guilty of a misdemeanor. Upon conviction, violators are subject to a fine of not less than one hundred dollars ($100) and not 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.

(3) Any person violating this section or rules promulgated under this section may be assessed a civil penalty by the department or its agent of not 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 opportunity for a hearing pursuant to the Idaho administrative procedure act, 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 section 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 section or rules promulgated under this section 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 section or the rules promulgated under this section, 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.

(4) 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:

[25-237, added 2000, ch. 259, sec. 1, p. 730.]
Idaho Code § 25-1736 — Idaho Code / Title 25 / Chapter 17 / Section 25-1736
25-1736 BRAND INSPECTION.
Status: in_force

25-1736. Brand inspection. Every livestock market operator engaged in the operation of a public livestock market within the state of Idaho shall cause brand inspection to be made in such manner as the state brand board shall prescribe, of all livestock assembled at such public livestock market for either public or private sale, and shall provide facilities for such brand inspection, such facilities to consist of a tagging or holding chute so as to permit readily accessible brand inspection, and shall pay to the office of the state brand inspector fees and charges per head as determined according to the provisions of section 25-1160, Idaho Code.

History:

[25-1736, added 1961, ch. 201, sec. 18, p. 310; am. 1969, ch. 190, sec. 2, p. 559; am. 1973, ch. 168, sec. 21, p. 339; am. 1976, ch. 180, sec. 2, p. 652; am. 1988, ch. 75, sec. 41, p. 130.]
Idaho Code § 25-3506 — Idaho Code / Title 25 / Chapter 35 / Section 25-3506
25-3506 EXHIBITION OF COCKFIGHTS.
Status: in_force

25-3506. Exhibition of cockfights. (1) Every person who participates in a public or private display of combat between two (2) or more gamecocks in which the fighting, killing, maiming or injuring of gamecocks is a significant feature is guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code.

(2) Every person who knowingly advertises, promotes or organizes a public or private display of combat between two (2) or more gamecocks in which the fighting, killing, maiming or injuring of gamecocks is a significant feature and at which:

(a) Any controlled substance listed in section 37-2732C, Idaho Code, is present; and

(b) Any act of gambling, as defined in section 18-3801, Idaho Code, occurs;

is guilty of a felony and shall, upon conviction, be punished in accordance with the penalty provisions in section 25-3520A(3)(a), Idaho Code.

(3) Every person who knowingly advertises, promotes or organizes a public or private display of combat between two (2) or more gamecocks in which the fighting, killing, maiming or injuring of gamecocks is a significant feature and at which:

(a) Gaffs or other artificial or mechanical means are used to enhance pain, inflict injury or to cause death; or

(b) Any substance to enhance activity, aggressiveness or bodily energy has been administered to a gamecock;

is guilty of a misdemeanor for a first violation and shall, upon conviction, be punished in accordance with the penalty provisions of section 25-3520A(1), Idaho Code. Any person convicted of a second or subsequent violation of the provisions of this subsection is guilty of a felony and shall, upon conviction, be punished in accordance with the penalty provisions of section 25-3520A(3)(a), Idaho Code. Each prior conviction shall constitute one (1) violation of the provisions of this subsection regardless of the number of counts involved in the conviction.

(4) Nothing in this section prohibits any customary practice of breeding or rearing game fowl, regardless of the subsequent uses of said game fowl.

History:

[(25-3506) R.C., sec. 7153b, as added by 1909, p. 175, sec. 2; reen. C.L., sec. 7153b; C.S., sec. 8544; I.C.A., sec. 17-4204; reen. 1972, ch. 336, sec. 1, p. 884; am. and redesig. 1994, ch. 346, sec. 6, p. 1092; am. 1996, ch. 229, sec. 5, p. 746; am. 2012, ch. 262, sec. 2, p. 729.]