reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 25 - ANIMALS › Chapter 34 - PORK PROMOTION ASSESSMENT ACT › Section 25-3402 - DECLARATION OF PURPOSE.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 34 - PORK PROMOTION ASSESSMENT ACT › Section 25-3403 - DEFINITIONS.

25-3403. DEFINITIONS. In this chapter:
(1) "Association" means the Idaho pork producers association, inc., an Idaho nonprofit corporation.
(2) "Buyer" means any person who buys, receives or assembles swine for his own account, or for the account of another person for feeding, breeding, slaughter or any other purpose.
(3) "Department" means the Idaho department of agriculture.
(4) "Market" means to sell, barter, exchange, slaughter for sale or otherwise dispose of a porcine animal in commerce.
(5) "Person" means an individual, a partnership, a corporation, a firm, an agency or other business unit.
(6) "Porcine animal" means all breeds of domestic porcine and all wild and exotic porcine.
(7) "Pork producer" means a person who owns, manages or has a financial interest in production of porcine animals in the state of Idaho.
History:
[25-3403, added 1992, ch. 260, sec. 1, p. 753.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 34 - PORK PROMOTION ASSESSMENT ACT › Section 25-3404 - REFERENDUM.

25-3404. REFERENDUM. (1) The association may conduct among pork producers a referendum upon the question of whether an assessment shall be levied on porcine animals sold in this state.
(2) The association shall determine:
(a) The amount of the proposed assessment.
(b) The time and place of the referendum.
(c) Procedures for conducting the referendum and counting of votes.
(d) Any other matters pertaining to the referendum.
(3) The amount of the proposed assessment shall be stated on the referendum ballot. The amount shall not exceed thirty cents (30¢) for each porcine animal marketed in this state. If the assessment is approved in the referendum, the association may set the assessment at an amount equal to or less than the amount stated on the ballot. If the association sets a lower amount than the amount approved by referendum, it may increase the amount annually without a referendum by no more than two cents (2¢) for each porcine animal. The increased rate may not exceed the amount approved by referendum and may not exceed the maximum allowable rate of thirty cents (30¢) for each porcine animal.
(4) Each producer, whether an individual, a partnership, a corporation, a firm, an agency or other business unit, shall have one (1) vote at such referendum. Any dispute over eligibility to vote or any other matter relating to the referendum shall be determined by the association. The association shall make reasonable efforts to provide pork producers with notice of the referendum and an opportunity to vote.
(5) The association shall be reimbursed for the costs of the referendum by moneys derived from the assessment.
History:
[25-3404, added 1992, ch. 260, sec. 1, p. 753.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 34 - PORK PROMOTION ASSESSMENT ACT › Section 25-3406 - USE OF ASSESSMENTS.

25-3406. USE OF ASSESSMENTS. The funds collected under this assessment shall be used to promote the interests of the pork industry and to conduct a porcine disease control program. The department shall remit all funds collected under this act to the association at least monthly. The association shall return to the department at least monthly those funds necessary to conduct a porcine disease control program. In order to prevent duplication of effort, these funds shall not be used for activities funded under 7 U.S.C. chapter 79, pork promotion, research and consumer information.
History:
[25-3406, added 1992, ch. 260, sec. 1, p. 755.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 34 - PORK PROMOTION ASSESSMENT ACT › Section 25-3407 - TERMINATION OF ASSESSMENT.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3501 - ADMINISTRATION.

25-3501. ADMINISTRATION. The Idaho state department of agriculture, division of animal industries shall be responsible for the administration of the provisions of this chapter as they pertain to production animals and shall inform the public and animal owners concerning their legal responsibilities, and in cooperation with local law enforcement, investigate and develop cases for prosecution. Local law enforcement agencies shall be responsible for the administration of the provisions of this chapter as they pertain to companion animals and shall be authorized to call upon the division to aid in fulfillment of the requirements of this chapter and refer cases for prosecution to the appropriate authority. The foregoing shall not be construed to preclude county or local officials, acting upon their own authority, from investigating, developing cases and prosecuting violations of this chapter that occur in their jurisdiction. The cost to the department for administering the provisions of this chapter shall be borne by the citizens of this state through the appropriation of general funds for administration, personnel, travel, equipment and supplies. No provision of this chapter relating to law enforcement agencies and animal care and control agencies shall be construed to preclude the authority of agencies or entities recognized in this section.
History:
[25-3501, added 1994, ch. 346, sec. 2, p. 1090; am. 1996, ch. 229, sec. 1, p. 744; am. 2006, ch. 170, sec. 1, p. 524; am. 2011, ch. 309, sec. 2, p. 877.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3501A - ENFORCEMENT — ENFORCEMENT RESTRICTIONS.

25-3501A. ENFORCEMENT — ENFORCEMENT RESTRICTIONS. (1) Law enforcement agencies and animal care and control agencies that provide law enforcement or animal care and control services to a municipality or county, may enforce the provisions of this chapter in that municipality or county.
(2) Animal care and control officers enforcing this chapter shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on law enforcement officers who enforce this chapter and other criminal laws of the state of Idaho.
(3) In cases where production animals are subject to a violation of section 25-3504, 25-3505 or 25-3511, Idaho Code, law enforcement agencies and animal care and control agencies shall not:
(a) Enforce section 25-3504, 25-3505 or 25-3511, Idaho Code, without first obtaining an inspection and written determination from a department investigator that a violation of one (1) or more of the sections has occurred or is occurring; or
(b) Take a production animal from a production animal facility, pasture, or rangeland for a violation of section 25-3504, 25-3505 or 25-3511, Idaho Code, without first obtaining an inspection and written determination from a department investigator that such action is in the best interest of the animal.
History:
[25-3501A, added 2006, ch. 170, sec. 2, p. 524.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3503 - POISONING ANIMALS.

25-3503. POISONING ANIMALS. Every person who wilfully administers any poisonous substance to an animal, the property of another, or maliciously places any poisonous substance where it would be found by an animal or where it would attract an animal, with the intent that the same shall be taken, ingested or absorbed by any such animal, is punishable by imprisonment in the state prison not exceeding three (3) years, or in the county jail not exceeding one (1) year, and a fine not less than one hundred dollars ($100) or more than five thousand dollars ($5000).
History:
[(25-3503) Cr. & P. 1864, sec. 142; R.S., R.C., & C.L., sec. 7152; C.S., sec. 8541; I.C.A., sec. 17-4201; reen. 1972, ch. 336, sec. 1, p. 884; am. and redesig. 1994, ch. 346, sec. 3, p. 1091.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3504 - COMMITTING CRUELTY TO ANIMALS.

25-3504. COMMITTING CRUELTY TO ANIMALS. Every person who is cruel to any animal, or who causes or procures any animal to be cruelly treated, or who, having the charge or custody of any animal either as owner or otherwise, subjects any animal to cruelty shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code. Any law enforcement officer or animal care and control officer, subject to the restrictions of section 25-3501A, Idaho Code, may take possession of the animal cruelly treated, and provide care for the same, until final disposition of such animal is determined in accordance with section 25-3520A or 25-3520B, Idaho Code.
History:
[(25-3504) Cr. & P. 1864, sec. 143; R.S. & R.C., sec. 7153; am. 1909, p. 175, sec. 1; reen. C.L., sec. 7153; C.S., sec. 8542; I.C.A., sec. 17-4202; reen. 1972, ch. 336, sec. 1, p. 884; am. 1979, ch. 183, sec. 1, p. 537; am. and redesig. 1994, ch. 346, sec. 4, p. 1092; am. 1996, ch. 229, sec. 3, p. 745; am. 2006, ch. 170, sec. 4, p. 526; am. 2008, ch. 47, sec. 1, p. 119; am. 2012, ch. 262, sec. 1, p. 729.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3504A - TORTURING COMPANION ANIMALS.

25-3504A. TORTURING COMPANION ANIMALS. (1) A person is guilty of the offense of torturing a companion animal if he tortures a companion animal as defined in this chapter.
(2) A person convicted of torturing a companion animal shall be guilty of a misdemeanor, if it is the person’s first conviction under this section, and shall be punished according to section 25-3520A(1) or (2), Idaho Code.
(3) A person convicted of a subsequent violation of torturing a companion animal shall be guilty of a felony and shall be punished under the provisions of section 25-3520A(3)(b), Idaho Code.
(4) Notwithstanding subsection (2) of this section, a person convicted of torturing a companion animal for the first time, but who, within ten (10) years prior to the conviction, also has been convicted of a felony offense involving the voluntary infliction of bodily injury upon any human shall be guilty of a felony and shall be punished according to the provisions of section 25-3520A(3)(b), Idaho Code.
(5) Before sentencing an individual convicted of a violation of this section, the court shall order and consider a presentence investigation that shall include a psychological evaluation of the defendant.
History:
[25-3504A, added 2016, ch. 190, sec. 2, p. 524.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3505 - CARRYING IN A CRUEL MANNER — SEIZURE, EXPENSES, LIEN.

25-3505. CARRYING IN A CRUEL MANNER — SEIZURE, EXPENSES, LIEN. Whoever carries or causes to be carried in or upon any vehicle or otherwise any animal in a cruel manner, or knowingly and willfully authorizes or permits it to be subjected to cruelty of any kind, is guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code. Subject to the restrictions of section 25-3501A, Idaho Code, whenever any such person is taken into custody therefor by any officer, such officer must take charge of such vehicle, and its contents, and deposit them in some place of custody, and must take possession of the animal and deposit it in some place of custody until final disposition of the animal is determined in accordance with section 25-3520A or 25-3520B, Idaho Code.
History:
[(25-3505) 18-2103, as added by 1972, ch. 336, sec. 1, p. 884; am. and redesig. 1994, ch. 346, sec. 5, p. 1092; am. 1996, ch. 229, sec. 4, p. 746; am. 2006, ch. 170, sec. 5, p. 526.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3506 - EXHIBITION OF COCKFIGHTS.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3507 - EXHIBITION OF DOGFIGHTS.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3509 - ARRESTS WITHOUT WARRANTS.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3510 - IMPOUNDING WITHOUT FOOD OR WATER.

25-3510. IMPOUNDING WITHOUT FOOD OR WATER. Any person who impounds, or causes to be impounded in any pound, any animal, must supply the same during such confinement with a sufficient quantity of wholesome food and clean water, and in default thereof, is guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code.
History:
[(25-3510) R.C., sec. 7153e, as added by 1909, p. 175, sec. 2; reen. C.L., sec. 7153e; C.S., sec. 8547; I.C.A., sec. 17-4208; reen. 1972, ch. 336, sec. 1, p. 885; am. and redesig. 1994, ch. 346, sec. 10, p. 1093; am. 1996, ch. 229, sec. 8, p. 747.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3511 - PERMITTING ANIMALS TO GO WITHOUT CARE — ABANDONED ANIMALS TO BE HUMANELY DESTROYED.

25-3511. PERMITTING ANIMALS TO GO WITHOUT CARE — ABANDONED ANIMALS TO BE HUMANELY DESTROYED. Every owner, custodian or possessor of any animal, who shall permit the same to be in any building, enclosure, lane, street, square or lot of any city, county or precinct, without proper care and attention, as determined by an Idaho licensed veterinarian, or a representative of the division, shall, on conviction, be deemed guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code. It shall be the duty of any law enforcement officer or animal care and control officer, subject to the restrictions of section 25-3501A, Idaho Code, to take possession of the animal so abandoned or neglected, and care for the same until final disposition of such animal is determined in accordance with section 25-3520A or 25-3520B, Idaho Code. Every sick, disabled, infirm or crippled animal which shall be abandoned in any city, county or precinct, may if after due search no owner can be found therefor, be humanely destroyed, or other provision made for the animal by or on the order of such officer; and it shall be the duty of all law enforcement officers or animal care and control officers, to cause the same to be humanely destroyed, or other provision made therefor, on information of such abandonment. Subject to the restrictions of section 25-3501A, Idaho Code, such officer may likewise take charge of any animal that by reason of lameness, sickness, feebleness or neglect, is unfit for the activity it is performing, or that in any other manner is being cruelly treated; and, if such animal is not then in custody of its owner, such officer shall give notice thereof to such owner, if known, and may provide suitable care for such animal until final disposition of such animal is determined in accordance with section 25-3520A or 25-3520B, Idaho Code. If, in accordance with this section, a responsible owner cannot be found, the animal may be offered for adoption to a responsible person in lieu of destruction.
History:
[(25-3511) R.C., sec. 7153f, as added by 1909, p. 175, sec. 2; reen. C.L., sec. 7153f; C.S., sec. 8548; I.C.A., sec. 17-4209; reen. 1972, ch. 336, sec. 1, p. 885; am. 1994, ch. 131, sec. 9, p. 299; am. and redesig. 1994, ch. 346, sec. 11, p. 1093; am. 1996, ch. 229, sec. 9, p. 747; am. 2006, ch. 170, sec. 6, p. 526.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3512 - ABANDONMENT OF ANIMALS LEFT WITH VETERINARIAN.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3513 - PROSECUTIONS.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3514 - CHAPTER CONSTRUED NOT TO INTERFERE WITH NORMAL OR LEGAL PRACTICES.

25-3514. CHAPTER CONSTRUED NOT TO INTERFERE WITH NORMAL OR LEGAL PRACTICES. No part of this chapter shall be construed as interfering with or allowing interference with:
(1) Normal or accepted veterinary practices;
(2) The humane slaughter of any animal normally and commonly raised as food, for production of fiber or equines;
(3) Bona fide experiments or research carried out by professionally recognized private or public research facilities or institutions;
(4) The humane destruction of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane destruction of animals for population control;
(5) Normal or accepted practices of animal identification and animal husbandry as established by, but not limited to, guidelines developed and approved by the appropriate national or state commodity organizations;
(6) The killing of any animal, by any person at any time, which may be found outside of the owned or rented property of the owner or custodian of such animal and which is found injuring or posing a threat to any person, farm animal or property;
(7) The killing of an animal that is vicious by an animal control officer, law enforcement officer or veterinarian;
(8) The killing or destruction of predatory animals, vermin or other animals or birds which are injuring or posing a threat to farm or privately owned animals or property, when such killing or destruction is conducted in accordance with laws and rules covering such animals;
(9) Any other exhibitions, competitions, activities, practices or procedures normally or commonly considered acceptable.
The practices, procedures and activities described in this section shall not be construed to be cruel nor shall they be defined as cruelty to animals, nor shall any person engaged in these practices, procedures or activities be charged with cruelty to animals.
History:
[25-3514, added 1994, ch. 346, sec. 15, p. 1095; am. 2010, ch. 55, sec. 1, p. 103.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3514A - IMMUNITY.

25-3514A. IMMUNITY. Any Idaho licensed veterinarian shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this chapter. Such a veterinarian is, therefore, protected from a lawsuit for his part in an investigation of cruelty to animals. Provided however, that a veterinarian who participates or reports in bad faith or with malice shall not be protected under the provisions of this section.
History:
[25-3514A, added 1996, ch. 229, sec. 11, p. 748.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3515 - CHAPTER CONSTRUED NOT TO INTERFERE WITH GAME LAWS.

25-3515. CHAPTER CONSTRUED NOT TO INTERFERE WITH GAME LAWS. No part of this chapter shall be construed as interfering with, negating or preempting any of the laws or rules of the department of fish and game of this state or any law for or against the destruction of certain birds, nor must this chapter be construed as interfering with the right to destroy any venomous reptile, or animal known as dangerous to life, limb, or property, or to interfere with the right to kill, slaughter, bag or take all animals used for food or with properly conducted scientific experiments or investigations performed under the authority of the faculty of a regularly incorporated medical college, or university of this state, or any other recognized research facility or institution.
History:
[(25-3515) R.C., sec. 7153j, as added by 1909, p. 175, sec. 2; reen. C.L., sec. 7153j; C.S., sec. 8552; I.C.A., sec. 17-4213; reen. 1972, ch. 336, sec. 1, p. 887; am. and redesig. 1994, ch. 346, sec. 16, p. 1096.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3516 - HIGH-ALTITUDE DECOMPRESSION CHAMBER PROHIBITED.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3518 - BEATING AND HARASSING ANIMALS.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3519 - AUTHORITY TO ENTER PREMISES AND EXAMINE ANIMALS.

25-3519. AUTHORITY TO ENTER PREMISES AND EXAMINE ANIMALS. Representatives of the division are authorized and empowered to enter any field, pasture, feedyard, barn, stable, kennel, cage, yard, vehicle, trailer or other premises in this state where animals are kept, during normal operating hours, when probable cause exists, with the permission of the owner, to investigate alleged violations of the provisions of this chapter. If permission is not granted, said representatives shall be empowered to call on sheriffs, constables and peace officers to assist them in the discharge of their duties and in carrying out the provisions of this chapter.
History:
[25-3519, added 1994, ch. 346, sec. 20, p. 1097.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3520 - AUTHORITY TO PROMULGATE RULES.

25-3520. AUTHORITY TO PROMULGATE RULES. The division shall be authorized and empowered to promulgate and enforce such rules, pursuant to chapter 52, title 67, Idaho Code, as it deems necessary for the administration and enforcement of the provisions of this chapter.
History:
[25-3520, added 1994, ch. 346, sec. 20, p. 1097.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 35 - ANIMAL CARE › Section 25-3521 - SEVERABILITY.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 36 - RATITES › Section 25-3601 - RATITES DESIGNATED LIVESTOCK.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 36 - RATITES › Section 25-3602 - RATITE FARMS PLACED UNDER JURISDICTION OF DEPARTMENT OF AGRICULTURE.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 36 - RATITES › Section 25-3603 - APPLICATION OF LAWS RELATING TO LIVESTOCK AND DOMESTIC ANIMALS.

25-3603. APPLICATION OF LAWS RELATING TO LIVESTOCK AND DOMESTIC ANIMALS. All of the provisions of chapter 2, title 25, Idaho Code, applicable to livestock and domestic animals, except those provisions which by their terms are restricted to swine, bovine animals, dairy or breeding cattle, or range cattle, or other particular kind or kinds of livestock and domestic animals to the exclusion of livestock or domestic animals generally, are applicable to domestic ratite animals.
History:
[(25-3603) 25-3503, added 1994, ch. 72, sec. 1, p. 150; am. and redesig. 2005, ch. 25, sec. 26, p. 94.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 36 - RATITES › Section 25-3604 - RULES FOR DISEASE PREVENTION.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 36 - RATITES › Section 25-3605 - INSPECTION OF RATITE FARMS.

25-3605. INSPECTION OF RATITE FARMS. The division of animal industries and any of its officers shall have the right at any time to inspect any ratite farm, and may go upon such farms or any part thereof to inspect and examine the same and any animals therein.
History:
[(25-3605) 25-3505, added 1994, ch. 72, sec. 1, p. 150; am. and redesig. 2005, ch. 25, sec. 28, p. 95.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 36 - RATITES › Section 25-3606 - PENALTY FOR VIOLATIONS.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 36 - RATITES › Section 25-3607 - PROPERTY RIGHTS IN RATITE ANIMALS.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 36 - RATITES › Section 25-3608 - SEVERABILITY.

25-3608. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act 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 act.
History:
[(25-3608) 25-3508, added 1994, ch. 72, sec. 1, p. 151; am. and redesig. 2005, ch. 25, sec. 31, p. 95.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3701 - DOMESTIC CERVIDAE FARMING DEEMED AGRICULTURAL PURSUIT.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3702 - TRANSFER OF FUNCTIONS FROM FISH AND GAME COMMISSION TO DEPARTMENT OF AGRICULTURE.

25-3702. TRANSFER OF FUNCTIONS FROM FISH AND GAME COMMISSION TO DEPARTMENT OF AGRICULTURE. All the functions of the fish and game commission and the department of fish and game, which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestic cervidae, or the products thereof, are hereby transferred to and vested in the department of agriculture and the administrator of the division of animal industries; provided, that this act shall not limit or affect the powers or duties of the department of fish and game relating to nondomestic cervidae or the management and taking thereof, and provided further that the department of agriculture shall address the reasonable concerns of the department of fish and game respecting the domestic farming of cervidae as provided in section 36-106(e)(9), Idaho Code.
History:
[(25-3702) 25-3502, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2005, ch. 25, sec. 32, p. 96.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3703 - APPLICATION OF LAWS RELATING TO LIVESTOCK AND DOMESTIC ANIMALS.

25-3703. APPLICATION OF LAWS RELATING TO LIVESTOCK AND DOMESTIC ANIMALS. All of the provisions of chapters 2, 3, 4 and 6, title 25, Idaho Code, applicable to livestock and domestic animals, except those provisions which by their terms are restricted to swine, bovine animals, dairy or breeding cattle, or range cattle, or other particular kind or kinds of livestock and domestic animals to the exclusion of livestock or domestic animals generally, are applicable to domestic cervidae.
History:
[(25-3703) 25-3503, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2005, ch. 25, sec. 33, p. 96.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3703A - OFFICIAL PERMANENT IDENTIFICATION.

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.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3704 - RULES FOR REGISTERING PREMISES AND DISEASE PREVENTION.

25-3704. RULES FOR REGISTERING PREMISES AND DISEASE PREVENTION. The administrator of the division of animal industries is hereby authorized and empowered to make, promulgate, and enforce general and reasonable rules not inconsistent with law, for the registration of domestic cervidae farm or ranch premises, and for the prevention of the introduction or dissemination of diseases among domestic cervidae of this state, and to otherwise effectuate enforcement of the provisions of chapters 2, 3, 4, 6 and 37, title 25, Idaho Code, applicable to domestic cervidae.
History:
[(25-3704) 25-3504, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2004, ch. 182, sec. 4, p. 570.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3704A - DOMESTIC CERVIDAE RANCH SURVEILLANCE.

25-3704A. DOMESTIC CERVIDAE RANCH SURVEILLANCE. All brain tissue samples from no less than ten percent (10%) of all domestic cervidae sixteen (16) months of age or older that die or are harvested on domestic cervidae farms or ranches shall be submitted by the owner or operator of the domestic cervidae farm or ranch to official laboratories to be tested or examined for chronic wasting disease (CWD). Reindeer and fallow deer are exempt from this testing requirement unless the reindeer or fallow deer are part of a CWD positive, exposed, trace, source or suspect herd. One hundred percent (100%) of brain tissue samples may still be submitted by the owner or operator to maintain export status in accordance with the national CWD herd certification program.
History:
[25-3704A, added 2014, ch. 39, sec. 1, p. 90.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3705 - INSPECTION OF CERVIDAE FARMS — RANCHES.

25-3705. INSPECTION OF CERVIDAE FARMS — RANCHES. The division of animal industries and any of its officers shall have the right, at any reasonable time, to inspect any domestic cervidae farm or ranch, and may go upon such farms or ranches or any part thereof where such animals are contained to inspect and examine the same and any animals therein. Inventory and facility inspection of farms and ranches shall take place at least every five (5) years. Inspections may take place at more frequent intervals if requested by a cervidae producer. Cervidae facilities participating in the national CWD herd certification program shall be inspected pursuant to current federal rules.
History:
[(25-3705) 25-3505, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2005, ch. 25, sec. 34, p. 96; am. 2014, ch. 39, sec. 2, p. 91.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3705A - ESCAPE OF DOMESTIC CERVIDAE.

25-3705A. ESCAPE OF DOMESTIC CERVIDAE. (1) It is the duty of the owners and operators of domestic cervidae farms or ranches to:
(a) Take all reasonable actions to prevent the escape of domestic cervidae located on such farms or ranches;
(b) Ensure that perimeter fences and gates are built and maintained in a manner that will prevent the escape of domestic cervidae;
(c) Notify the division of animal industries upon the discovery of the escape of domestic cervidae; and
(d) Take reasonable actions to bring under control domestic cervidae that escape.
(2) Notwithstanding any provision of law to the contrary, the division of animal industries or its agent is authorized to take necessary actions to bring under control any domestic cervidae that have escaped the control of the owner or operator of the domestic cervidae farm or ranch where the domestic cervidae were located.
(3) Any domestic cervidae, that have escaped the control of the owner or operator of a domestic cervidae farm or ranch for more than seven (7) days, taken by a licensed hunter in a manner which complies with title 36, Idaho Code, and the rules and proclamations of the Idaho fish and game commission shall be considered a legal taking and neither the licensed hunter, the state, nor any state agency shall be liable to the owner for killing the escaped domestic cervidae.
History:
[25-3705A, added 2004, ch. 182, sec. 5, p. 571.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3705B - WILD UNGULATES.

25-3705B. WILD UNGULATES. The Idaho department of fish and game shall cooperate with the division of animal industries and the owner or operator of any domestic cervidae farm or ranch, where any wild ungulates are found within the perimeter fences of the domestic cervidae farm or ranch, in the development of a site specific written herd plan to determine the disposition of the wild ungulates.
History:
[25-3705B, added 2004, ch. 182, sec. 6, p. 571.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3706 - VIOLATIONS — CIVIL — CRIMINAL — PENALTIES FOR VIOLATIONS.

25-3706. VIOLATIONS — CIVIL — CRIMINAL — PENALTIES FOR VIOLATIONS. (1) Failure to comply with provisions applicable to domestic cervidae as set forth in chapters 2, 3, 4 and 6 of title 25, Idaho Code, the provisions of this chapter, or rules promulgated thereunder, shall constitute a violation. Civil penalties may be assessed against a violator as follows:
(a) A civil penalty as assessed by the department or its duly authorized agent not to exceed five thousand dollars ($5,000) for each offense;
(b) Assessment of a civil penalty may be made in conjunction with any other department administrative action.
(2) No civil penalty may be assessed against a person unless the person was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act as set forth in chapter 52, title 67, Idaho Code.
(3) If the department is unable to collect an assessed civil penalty, or if a person fails to pay all or a set portion of an assessed civil penalty as determined by the department, the department may file an action to recover the civil penalty in the district court of the county in which the violation is alleged to have occurred. In addition to the assessed penalty, the department shall be entitled to recover reasonable attorney’s fees and costs incurred in such action or on appeal from such action.
(4) A person against whom the department has assessed a civil penalty under this section may, within thirty (30) days of the final agency action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged to have occurred.
(5) Moneys collected pursuant to this section shall be deposited in the state treasury and credited to the livestock disease control and T.B. indemnity fund.
(6) The imposition or computation of monetary penalties shall take into account the seriousness of the violation, good faith efforts to comply with the law, the economic impact of the penalty on the violator and such other matters as justice requires.
(7) Nothing in this chapter shall be construed as requiring the director to report minor violations when the director believes that the public interest will be best served by suitable warnings or other administrative action.
(8) Any person, firm or corporation violating any of the provisions of chapters 2, 3, 4 and 6, title 25, Idaho Code, this chapter, or rules promulgated thereunder by the division of animal industries, applicable to domestic cervidae, 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:
[(25-3706) (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. and redesig. 2001, ch. 128, sec. 1, p. 450; am. 2002, ch. 103, sec. 1, p. 280.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 37 - DOMESTIC CERVIDAE FARMS › Section 25-3707 - PROPERTY RIGHTS IN DOMESTIC CERVIDAE.

25-3707. PROPERTY RIGHTS IN DOMESTIC CERVIDAE. Domestic cervidae shall be, together with their offspring and increases the subject of ownership, lien and absolute property rights, (the same as purely domestic animals) in whatever situation, location, or condition such animals may thereafter become, or be, and regardless of their remaining in, or escaping from such restraint or captivity.
History:
[(25-3707) 25-3507, added 1994, ch. 73, sec. 1, p. 152; am. and redesig. 2005, ch. 25, sec. 35, p. 96.]