Chapter 1 CONTROL OF SHEEP DISEASES

Sec.

§ 25-101 — 25-125. Creation of board — Rules and regulations — Inspection and treatment of diseased sheep — Quarantines. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised S.L. 1919, ch. 35, §§ 18 to 26, p. 127; 1919, ch. 144, § 3, p. 439; C.S., §§ 1856, 1860 to 1868; am. 1921, ch. 15, §§ 17 to 26, p. 14; 1921, ch. 15, §§ 1 to 15, p. 14; I.C.A.,§§ 24-101 to 24-125, were repealed by S.L. 1950 (1st E.S.), ch. 50, § 26, p. 61, and S.L. 1951, ch. 250, § 27, p. 527.

§ 25-126. Creation of board.

The Idaho sheep and goat health board is hereby created within the department of agriculture, but its officers and employees shall not be subject to the administrative control of the director of the department of agriculture. The administrative officers and employees of the board shall be nonclassified employees. The board may contract with the director of the department of agriculture for administrative and/or veterinary services.

History.

1951, ch. 250, § 1, p. 527; am. 1974, ch. 18, § 97, p. 364; am. 1985, ch. 63, § 1, p. 125; am. 2012, ch. 117, § 1, p. 321.

STATUTORY NOTES

Cross References.

Director of department of agriculture,§ 22-101 et seq.

Amendments.

The 2012 amendment, by ch. 117, substituted “The Idaho sheep and goat health board” for “A state board of sheep commissioners” at the beginning of the section.

§ 25-127. Members — Appointment, qualifications, salary — Oath.

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

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

History.

1951, ch. 250, § 2, p. 527; am. 1971, ch. 136, § 12, p. 522; am. 1980, ch. 247, § 21, p. 582; am. 1985, ch. 63, § 2, p. 125; am. 1997, ch. 116, § 1, p. 289; am. 1998, ch. 205, § 1, p. 726; am. 2012, ch. 117, § 2, p. 321; am. 2013, ch. 91, § 1, p. 223.

STATUTORY NOTES

Cross References.

Idaho sheep and goat health account,§ 25-131.

Standard travel pay and allowance act,§§ 67-2007, 67-2008.

Amendments.

The 2012 amendment, by ch. 117, substituted “Idaho sheep and goat health board” for “state board of sheep commissioners” and made related changes throughout; inserted “and serve at the pleasure of” preceding “the governor” in the first paragraph; and added the last two sentences.

The 2013 amendment, by ch. 91, substituted “consisting of experienced wool growers or goat raisers, or a combination of experienced wool growers and goat raisers” for “all of whom shall be experienced wool growers” in the first sentence.

Compiler’s Notes.

The amendment to this section by S.L. 1998, ch. 205, § 1, became effective September 23, 1998, upon referendum approval of the provisions of the act by wool growers. For further details about this referendum, see the text of§ 25-160.

For more on the Idaho wool growers association, see http://www.idahowool.org .

§ 25-128. Powers and duties of the Idaho sheep and goat health board.

The board shall have the authority to perform all those duties and powers necessary for the prevention, control, and eradication of diseases which may include the supervision of sheep, handling of sheep, shipping, transporting or moving of sheep, regulation of sheep, the making of rules concerning sheep and all other matters pertaining to sheep either in the state of Idaho or which may be brought into or shipped from the state of Idaho. The board shall also be responsible for all matters relating to the prevention, control, and eradication of diseases pertaining to goats within the state of Idaho with the provisions of this chapter also applying to goats. The board may also designate a portion of the assessment, as provided in sections 25-130 and 25-131, Idaho Code, to help carry on the work for the prevention and control of damage caused by predatory animals and other vertebrate pests.

History.

I.C.,§ 25-128, as added by 1997, ch. 116, § 3, p. 289; am. 1998, ch. 205, § 2, p. 726; am. 2012, ch. 117, § 3, p. 321.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 117, substituted “the Idaho sheep and goat health board” for “state board of sheep commissioners” in the section heading.

Compiler’s Notes.

Former§ 25-128 was amended and redesignated as§ 25-128A by § 2 of S.L. 1997, ch. 116, effective March 15, 1997, and was then amended and redesignated as§ 25-2612A by S.L. 1998, ch. 205, § 3.

The amendment to this section by S.L. 1998, ch. 205, § 2, became effective September 23, 1998, upon referendum approval of the provisions of the act by wool growers. For further details about this referendum, see the text of§ 25-160.

§ 25-128A. Duties and powers of the state animal damage control board. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

This section was formerly compiled as§ 25-128.

Former§ 25-128A was redesignated as§ 25-2612A by § 3 of S.L. 1998, ch. 205. This redesignation became effective upon referendum approval of the provisions of the act by wool growers. For further details about this referendum, see the text of§ 25-160.

§ 25-129. Rules — Executive secretary, veterinarian, inspectors, salaries, expenses and office.

  1. The board shall elect one (1) of its members chairman. The said board is empowered to make rules for governing itself and such rules as it may deem necessary for the enforcement of the provisions of this chapter and to enforce all such rules, and shall have exclusive control of all matters pertaining to the sheep industry. It shall be empowered to make and enforce rules for quarantining, or otherwise treating sheep which may be infected, affected or infested with ticks, lice or any other parasites detrimental or injurious to sheep, or any infectious or contagious disease of sheep and for the prevention, control and eradication of infectious or contagious diseases, ticks, lice or other parasites detrimental to sheep. All such rules adopted by said board shall have the same force and effect as law and any person, association, firm or corporation violating such rules shall be deemed guilty of a misdemeanor.
  2. The board is empowered to select an executive secretary who may or may not be a member of the board, and such executive secretary shall have the authority and power to sign any and all lawful claims or vouchers to be made, filed or drawn by or on behalf of the board against the Idaho sheep and goat health account, and for such purposes he shall be regarded as the administrative head of the agency and he shall perform such other and further duties as the board shall direct.
  3. The board is empowered to appoint a veterinarian in charge, who must be duly licensed in the state of Idaho and who is a graduate of a recognized and accredited school of veterinary medicine, whose duties and powers shall be defined and prescribed by said board; which said officer shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The veterinarian in charge shall receive such compensation as may be allowed by said board and actual and necessary expenses incurred in the performance of his duties. The veterinarian in charge shall be at all times subject to the authority of the board and shall have the same powers hereinafter provided for all other inspectors appointed by the board under this chapter. The veterinarian in charge shall have authority and power to sign all lawful claims or vouchers filed or drawn on behalf of the board against the Idaho sheep and goat health account.
  4. The board is hereby empowered to appoint all other inspectors, veterinarians and such other employees and assistants as may be necessary to carry out the duties and powers herein conferred and fix the compensation of all such appointees. All salaries and expenses of every kind incurred in carrying out the provisions of this chapter shall be paid from the Idaho sheep and goat health account.
  5. Inspectors and veterinarians appointed by the Idaho sheep and goat health board shall have the power and duty to assist law enforcement entities in the enforcement of all laws of the state pertaining to the identification, inspection and transportation of sheep and other livestock, and shall have general authority to assist law enforcement entities in the enforcement of theft laws of the state with respect to sheep and other livestock. History.

1951, ch. 250, § 4, p. 527; am. 1969, ch. 156, § 1, p. 484; am. 1971, ch. 136, § 13, p. 522; am. 1974, ch. 18, § 99, p. 364; am. 1977, ch. 134, § 1, p. 289; am. 1985, ch. 63, § 4, p. 125; am. 1997, ch. 116, § 4, p. 289; am. 2012, ch. 117, § 4, p. 321.

STATUTORY NOTES

Cross References.

Idaho sheep and goat health account,§ 25-131.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

Amendments.

The 2012 amendment, by ch. 117, substituted “the Idaho sheep and goat health” for “the sheep commission” and related language throughout the section and deleted “with the approval of the governor” following “to appoint” in the first sentence of subsection (3).

§ 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.

1951, ch. 250, § 5, p. 527; am. 1969, ch. 156, § 2, p. 484; am. 1985, ch. 63, § 5, p. 125; am. 1986, ch. 3, § 1, p. 41; am. 1997, ch. 116, § 5, p. 289; am. 2012, ch. 117, § 5, p. 321; am. 2014, ch. 188, § 4, p. 500.

STATUTORY NOTES

Cross References.

Idaho sheep and goat health account,§ 25-131.

Amendments.

The 2012 amendment, by ch. 117, substituted “the Idaho sheep and goat health account” for “the sheep commission account” in the third sentence.

The 2014 amendment, by ch. 188, inserted the present third sentence in the section.

Legislative Intent.

Section 1 of S.L. 2014, ch. 188 provided: “Legislative Intent. The Legislature finds that additional financial resources are needed to help continue in the implementation of Idaho’s wolf management plan. It is the intent of the Legislature to establish a governing board to provide funds for the management and control of depredating wolves in Idaho.”

Compiler’s Notes.
Effective Dates.

Section 8 of S.L. 2014, ch. 188 declared an emergency. Approved March 26, 2014.

§ 25-131. Idaho sheep and goat health account — Assessment — First purchaser to make report — Penalty for failure to make report — Appropriation.

  1. In order for the board to carry out the provisions of this chapter, the board shall assess, levy and collect an assessment established by the board, not to exceed twelve cents (12¢) per pound on all wool, in the grease basis, sold through commercial channels, and two cents (2¢) of the assessment shall be considered a wolf control assessment pursuant to section 22-5306, Idaho Code. In the event that a sheep, which produces wool subject to this assessment, shall be located outside the state of Idaho during a part of the assessment year, the amount of the assessment shall be reduced on a pro rata basis. Such assessment shall be levied and assessed to the producer at the time of the first sale of wool and shall be deducted by the first purchaser from the price paid to the producer at the time of such first sale. The assessment provided in this section shall not be levied or collected on any casual sale. In addition to the assessment provisions of this section related to wool, the board may by rule establish an assessment on goats that would assess goats on a per head basis.
  2. The assessment provided by this section shall constitute a lien prior to all other liens and encumbrances upon such wool except liens which are declared prior by operation of a statute of this state.
  3. If the first purchaser lives or has his principal office in another state, the producer shall make the reports and pay the assessments to the board as required under this section unless the first purchaser agrees in writing to make such reports and pay such assessments.
  4. The first purchaser shall specify the amounts of assessments withheld in any written statements made to the producer.
  5. The first purchaser shall make reports to the board on forms prescribed by the board, and no first purchaser shall fail to make such reports or falsify any such reports. The assessment deducted and withheld by a first purchaser, as required in subsection (1) of this section, shall be paid to the board on a quarterly calendar year basis, and shall be due and payable within thirty (30) days after the end of the quarter. All moneys collected by the board under the provisions of this chapter shall be paid to the state treasurer. All moneys received from the assessment pursuant to this section shall be deposited in the state treasury by the state treasurer to the credit of a special account in the state operating fund hereby created to be known as the “Idaho sheep and goat health account.”
  6. A first purchaser who delays transmittal of reports and payments of assessments beyond the time stated in subsection (5) of this section shall pay five percent (5%) of the amount due for the first month of delay and one percent (1%) of the amount due for each month of delay thereafter. Such moneys shall be deposited in the Idaho sheep and goat health account.
  7. In addition thereto, the said account shall consist of any appropriations made by the legislature for the use of and expenditure by said board. All fees of every kind collected under the provisions of this chapter, or under any rules and regulations made pursuant to the provisions of this chapter, shall be deposited in the state treasury in the manner hereinabove described. The moneys in said special account are hereby appropriated for the use and expenditure of said board carrying out the provisions of this chapter and the rules and regulations made herein and said account is hereby declared to be a continuing account. (8) All moneys appropriated to the board for the purposes of sheep disease prevention, abatement, suppression, control or eradication shall be expended by the board only for those purposes, in accordance with the duties specified in section 25-128(1), Idaho Code.

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

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

History.

1951, ch. 250, § 6, p. 527; am. 1957, ch. 176, § 1, p. 340; am. 1959, ch. 57, § 1, p. 124; am. 1967, ch. 38, § 1, p. 60; am. 1969, ch. 156, § 3, p. 484; am. 1971, ch. 67, § 1, p. 153; am. 1977, ch. 136, § 1, p. 292; am. 1983, ch. 123, § 1, p. 317; am. 1985, ch. 63, § 6, p. 125; am. 2012, ch. 117, § 6, p. 321; am. 2013, ch. 91, § 2, p. 223; am. 2014, ch. 188, § 5, p. 500; am. 2018, ch. 82, § 1, p. 185; am. 2018, ch. 217, § 2, p. 489; am. 2019, ch. 37, § 2, p. 103.

STATUTORY NOTES

Cross References.

State treasurer,§ 67-1201 et seq.

Amendments.

The 2012 amendment, by ch. 117, substituted “the Idaho sheep and goat health” for “sheep commission” and made related changes in the section heading and throughout the section and, in subsection (1), substituted “twelve cents (12¢) per pound” for “six cents (6¢) per pound” in the first sentence and added the last sentence.

The 2013 amendment, by ch. 91, added subsection (10).

The 2014 amendment, by ch. 188, inserted “and from the effective date of this act through June 30, 2019, two cents (2¢) of the assessment shall be considered a wolf control assessment pursuant to section 22-5306, Idaho Code” at the end of the first sentence in subsection (1).

This section was amended by two 2018 acts which appear to be compatible and have been compiled together.

The 2018 amendment, by ch. 82, deleted “and at a rate that is comparable to the assessment on wool” from the end of the last sentence in subsection (1).

The 2018 amendment, by ch. 217, substituted “the effective date of this act through June 30, 2020” for “the effective date of this act through June 30, 2019” near the end of the first sentence in subsection (1). The 2019 amendment, by ch. 37, deleted “from the effective date of this act through June 30, 2020” following “commercial channels, and” near the end of the first sentence in subsection (1).

Legislative Intent.

Section 1 of S.L. 2014, ch. 188 provided: “Legislative Intent. The Legislature finds that additional financial resources are needed to help continue in the implementation of Idaho’s wolf management plan. It is the intent of the Legislature to establish a governing board to provide funds for the management and control of depredating wolves in Idaho.”

Compiler’s Notes.

Section 7 of S.L. 2014, ch. 188 provided: “Nonseverability. If any section or provision of this act shall be adjudged unconstitutional or invalid for any reason, then such invalidity or unconstitutionality shall invalidate this act in its entirety and to this end and in this event the provisions of this act are declared to be nonseverable.”

Effective Dates.

Section 2 of S.L. 1971, ch. 67, read: “An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval, and retroactively to January 1, 1971.”

Section 8 of S.L. 2014, ch. 188 declared an emergency. Approved March 26, 2014.

§ 25-132. Powers of board to collect and cancel assessment.

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

History.

I.C.,§ 25-132, as added by 1969, ch. 156, § 5, p. 484; am. 1983, ch. 123, § 2, p. 317.

STATUTORY NOTES

Effective Dates.

Section 3 of S.L. 1983, ch. 123 declared an emergency and provided that the act should be in full force and effect on and after its passage and approval retroactive to January 1, 1983. Approved April 1, 1983.

§ 25-132A. Statement of sheep grower — Contents

Filing. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised I.C.,§ 25-132A, as added by 1969, ch. 156, § 6, p. 484, was repealed by S.L. 1990, ch. 137, § 1.

§ 25-132B. Penalty for violation. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised I.C.,§ 25-132B, as added by 1969, ch. 156, § 7, p. 484, was repealed by S.L. 1990, ch. 137, § 1.

§ 25-133. Cooperation with federal authorities.

The board is hereby authorized to accept on behalf of the state, the rules and regulations prepared by the secretary of agriculture of the United States under and in pursuance of section numbered three (3) (21 U.S.C. sec. 114) of the Act of Congress approved May 29, 1884, entitled “an act for the establishment of the bureau of animal industry, to prevent the exportation of diseased cattle, and to provide means for the suppression of and extirpation of pleuropneumonia and other contagious diseases among domestic animals,” and to cooperate with the authorities of the United States in the enforcement of the provisions of said act; provided, however, that all action taken by the employees of the United States while acting under the provisions of this chapter as state inspectors of sheep and bucks, shall be exercised under the joint supervision of the board and the chief of the bureau of animal industry.

History.

1951, ch. 250, § 8, p. 527.

STATUTORY NOTES

Federal References.

Section 114 of title 21 of the United States Code, referred to in this section, was repealed by Act May 13, 2002, P.L. 107-171. See 7 USCS § 8310 for present comparable provisions.

Compiler’s Notes.

The federal bureau of animal industry is established at 7 U.S.C.S. § 391.

§ 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.

1951, ch. 250, § 9, p. 527.

STATUTORY NOTES

Compiler’s Notes.

The federal bureau of animal industry is established at 7 U.S.C.S. § 391.

§ 25-135. Local assistance from peace officers.

All federal authorities authorized as aforesaid and the various inspectors of this state shall, subject to the approval of the board, have power to call upon any constable, sheriff or other peace officer in any county in this state to assist them in the discharge of their duties in carrying out the provisions of this act and the act of congress aforesaid, and it is hereby made the duty of said officers to assist them who so requested and the said federal inspectors shall have the same power to enforce the laws of this state as the various inspectors of the state when authorized as aforesaid and engaged in the discharge of their official duties; provided, that any person, company or corporation refusing to comply with the orders of such officer or federal inspector shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 25-137[, Idaho Code].

History.

1951, ch. 250, § 10, p. 527.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” near the middle of the section refers to S.L. 1951, ch. 250, which is compiled as§§ 25-126, 25-127, 25-129 to 25-131, 25-133 to 25-140, 25-143 to 25-150, and 25-2612A.

The bracketed insertion at the end of the section was added by the compiler to conform to the statutory citation style.

§ 25-136. Appropriation for salary and expenses.

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

History.

1951, ch. 250, § 11, p. 527; am. 1969, ch. 156, § 8, p. 484; am. 1974, ch. 18, § 100, p. 364; am. 2012, ch. 117, § 7, p. 321.

STATUTORY NOTES

Cross References.

Director of the department of agriculture,§ 22-101 et seq.

Amendments.

The 2012 amendment, by ch. 117, substituted “the Idaho sheep and goat health account” for “the sheep commission account” in the first sentence.

Compiler’s Notes.

The term “this act” in the first sentence refers to S.L. 1951, ch. 250, which is compiled as§§ 25-126, 25-127, 25-129 to 25-131, 25-133 to 25-140, 25-143 to 25-150, and 25-2612A.

Effective Dates.

Section 9 of S.L. 1969, ch. 156, provided that this act shall be effective on and after the first day of July, 1969.

Section 263 of S.L. 1974, ch. 18, provided the act should be effective on and after July 1, 1974.

§ 25-137. Punishment for disregard of quarantine rules — Taking evidence.

Any person, company, corporation or association or any agent, servant or employee of such, who shall violate or disregard any quarantine provision of this chapter or rules promulgated thereunder or any other provision of law or any sanitary or quarantine rule, order of the board or inspector thereof or any of the provisions of this chapter or rules promulgated thereunder, shall be deemed guilty of a misdemeanor and upon conviction be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense. For the purpose of carrying out the provisions of this chapter, the board is authorized to subpoena and examine witnesses and to administer oaths for the purpose of soliciting information to be used in enforcing the provisions hereof and in the furtherance of the quarantine, sanitary or other rules.

History.

1951, ch. 250, § 12, p. 527; am. 1985, ch. 63, § 7, p. 125; am. 1997, ch. 116, § 6, p. 289.

§ 25-138. Filing and enforcing of liens.

All liens provided for in this chapter shall be filed, enforced and foreclosed as if it were an income tax lien as provided by chapter 30, title 63, Idaho Code, and said statutes are hereby declared to apply to and include any liens provided for in this chapter.

History.

1951, ch. 250, § 13, p. 527; am. 1985, ch. 63, § 8, p. 125.

§ 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.

1951, ch. 250, § 14, p. 527; am. 1985, ch. 63, § 9, p. 125.

STATUTORY NOTES

Cross References.

Attachment in general,§ 8-501 et seq.

§ 25-140. Breaking of quarantine.

Breaking quarantine shall mean the taking of any sheep or allowing any sheep quarantined by the board or inspector to go within or without any building, corral, premises or range quarantined by the board or inspector, or the taking of any clean sheep within any building, corral, premises or range quarantined by the board or inspector.

History.

1951, ch. 250, § 15, p. 527.

§ 25-141. Scabies eradication

Cooperation of state board with United States. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised, S.L. 1951, ch. 250, § 16, p. 527, was repealed by S.L. 1997, ch. 116, § 7, effective March 15, 1997. For present comparable law, see§§ 25-141A to 25-141E.

§ 25-141A. Scrapie eradication area.

  1. The state of Idaho is engaged in the eradication of scrapie from sheep and goats within this state and in cooperation with the United States department of agriculture in the eradication of scrapie from sheep and goats outside of this state. The board is authorized to quarantine the whole state or any portion thereof and the movement of sheep and goats is prohibited except in conformity with the provisions of this chapter and the rules of the board promulgated for the purpose of preventing the introduction of scrapie into Idaho from any other state or country. Any person, firm, corporation or other recognized legal entity, who shall bring into the state or move within the state any sheep or goats in violation of the provisions of this chapter or the rules of the board, shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each animal brought into the state or moved within the state in violation of the provisions of this chapter or rules promulgated thereunder.
  2. The board shall issue permits authorizing the moving of sheep and goats to and from and through and across quarantine areas for exhibition, sale or feeding purposes and for transporting or moving sheep and goats from one (1) locality to another outside of quarantine areas. The permits shall be issued under rules of the board promulgated with due regard to the convenience of the sheep and goat owners and the protection of sheep and goats within the quarantine areas established as herein provided for the eradication of scrapie.

History.

I.C.,§ 25-141A, as added by 1997, ch. 116, § 8, p. 289.

§ 25-141B. Extent of eradication area — Supervision and quarantine of premises.

The board is hereby authorized to quarantine any portion of this state when the fact is determined that sheep or goats are affected with scrapie or any other contagious, infectious or communicable disease. The area designated for the control of scrapie may consist of the entire state, a portion of the state, entire county, or part of the county, if it is less than the entire county; the boundary of the area shall be clearly defined in the order for the establishment of the area.

History.

I.C.,§ 25-141B, as added by 1997, ch. 116, § 8, p. 289; am. 2012, ch. 117, § 8, p. 321.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 117, substituted “the board” for “the state board of sheep commissioners” in the first sentence.

§ 25-141C. Sheep — Goats — Scrapie — Or other diseases — Herd depopulation.

In order to prevent the introduction or dissemination of scrapie or other contagious, infectious or communicable diseases into or among the sheep or goat population of Idaho, the board is granted authority to identify diseases of concern and to condemn infected herds and to require the destruction or other disposition as approved by the board of such herd or herds. The board is authorized to reimburse the owner by cash payment for any affected or exposed sheep or goats which have been condemned, appraised and slaughtered or destroyed or otherwise disposed of by direction of the board and for property destroyed and for labor employed in digging trenches and for cleaning and disinfecting premises where such infected or exposed sheep and goats have been kept; provided, that the board shall only pay the difference between the appraised price less federal indemnity and salvage value for any sheep or goats condemned and slaughtered or destroyed under this section and the actual costs for burials or disposal of animal carcasses and for cleaning and disinfecting of premises where infected or exposed sheep or goats have been kept. In the event federal indemnity is unavailable in regard to the value of the sheep or goats, the board shall only pay the difference between the appraised price and salvage value. Appraisals shall be performed by a team comprised of an animal health representative, the owner and a person with experience in sheep or goat marketing. A maximum per head value may be established by rules of the board. The board or its designee may grant a hearing to any person, under such rules as the board may prescribe which are in compliance with chapter 52, title 67, Idaho Code, when the appraisal price is in dispute. An appeal may be taken from the decision of the board or its designee under the provisions of chapter 52, title 67, Idaho Code.

History.

I.C.,§ 25-141C, as added by 1997, ch. 116, § 8, p. 289; am. 2012, ch. 117, § 9, p. 321.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 117, substituted “board” for “board of sheep commissioners” twice in the second sentence.

§ 25-141D. Creation of sheep and goat disease indemnity fund.

There is hereby created within the department of agriculture a board account to be known as the sheep and goat disease indemnity fund. Funds may be received into this account from any source including, but not limited to, donations, gifts, grants, federal funds, Idaho sheep and goat health funds, or appropriations from general or dedicated accounts. Moneys received into this account shall be deposited with the state treasurer to the credit of the sheep and goat disease indemnity fund. Moneys deposited into this account may only be used to indemnify owners whose animals or herds have been condemned or destroyed or otherwise disposed of by direction of the board, and for property destroyed, for labor employed in digging trenches, and for cleaning and disinfecting of premises where infected or exposed sheep and goats have been kept.

History.

I.C.,§ 25-141D, as added by 1997, ch. 116, § 8, p. 289; am. 2012, ch. 117, § 10, p. 321.

STATUTORY NOTES

Cross References.

State treasurer,§ 67-1201 et seq.

Amendments.

The 2012 amendment, by ch. 117, substituted “board” for “state board of sheep commissioners” in the first sentence and “Idaho sheep and goat health funds” for “sheep commission funds” in the second sentence.

§ 25-141E. Indemnity payments restricted.

Indemnity shall only be paid to an owner of sheep or goats for any animals or herds diagnosed to be infected with or exposed to scrapie or any other contagious, infectious or communicable disease, as determined by the board, for sheep or goats born in Idaho or sheep or goats imported in compliance with existing Idaho statutes or rules promulgated pursuant thereto.

History.

I.C.,§ 25-141E, as added by 1997, ch. 116, § 8, p. 289.

STATUTORY NOTES

Prior Laws.

Former§ 25-141E, which comprised 1951, ch. 250, § 17. p. 527: am. 1985, ch. 63, § 10, p. 125 was repealed by S.L. 1997, ch. 116, § 7, effective March 15, 1997. For present comparable law, see§§ 25-141A to 25-141E.

§ 25-142. Quarantines against sheep diseases. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section which comprised 1951, ch. 250, § 17, p. 527; am. 1985, ch. 63, § 10, p. 125 was repealed by S.L. 1997, ch. 116, § 7, effective March 15, 1997. For present comparable law, see§§ 25-141A to 25-141E.

§ 25-143. Transportation of sheep from quarantined area.

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

History.

1951, ch. 250, § 18, p. 527; am. 1997, ch. 116, § 9, p. 289; am. 2012, ch. 117, § 11, p. 321.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 117, substituted “board” for “state board of sheep commissioners” near the middle of the section.

CASE NOTES

Decisions Under Prior Law

Fact that sheep have been in an infected district against which a quarantine has been declared, and fact that such sheep were driven direct from such district into this state, is sufficient to establish a capability and liability to communicate disease. State v. Rasmussen, 7 Idaho 1, 59 P. 933 (1900), aff’d, 181 U.S. 198, 21 S. Ct. 594, 45 L. Ed. 820 (1901).

§ 25-144. Movement of sheep from quarantined into unquarantined area prohibited.

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

History.

1951, ch. 250, § 19, p. 527; am. 2012, ch. 117, § 12, p. 321.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 117, substituted “board” for “state board of sheep commissioners” at the end of the first sentence.

CASE NOTES

Decisions Under Prior Law
Constitutionality.

This section is within police power of state and not violation of federal constitution as regulation of interstate commerce. Rasmussen v. Idaho, 181 U.S. 198, 21 S. Ct. 594, 45 L. Ed. 820 (1901).

Venue of Action.

Bringing sheep into any county of the state from a quarantined district is an offense, and prosecution therefor may be instituted in any county where sheep are found. State v. Rasmussen, 7 Idaho 1, 59 P. 933 (1900), aff’d, 181 U.S. 198, 21 S. Ct. 594, 45 L. Ed. 820 (1901).

§ 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.

1951, ch. 250, § 20, p. 527; am. 2012, ch. 117, § 13, p. 321.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 117, substituted “board” for “state board of sheep commissioners” near the beginning of the first sentence.

Compiler’s Notes.

The federal bureau of animal industry is established at 7 U.S.C.S. § 391.

§ 25-146. Inspection and treatment of diseased sheep.

The representative of the board or any inspector or agent of the United States bureau of animal industry shall have authority to enter upon any grounds or premises where sheep are kept and to inspect, diagnose and treat sheep found thereon. They shall be authorized and empowered to require owners of sheep to apply such remedies, dips and other curative, protective or preventive agents as may by the board be deemed necessary in order to prevent the introduction or dissemination of disease among the sheep of this state or to effect a cure of affected or infected sheep and in the event that any owner or custodian of such sheep shall refuse to comply with the rules of the board regarding the use of such remedies, dippings and curative agents within the time set by the board and in the manner provided in this act or by the rules of said board, then the board shall be empowered to treat or dip such sheep and the cost thereof, together with all incidental expenses therewith, if any, which shall include the cost and expense of the care and maintenance of said sheep during the time of their custody by the board or its representatives as herein provided, shall be borne by the owner of the sheep so treated or dipped and shall be, until paid, a lien against such sheep.

History.

1951, ch. 250, § 21, p. 527; am. 1997, ch. 116, § 10, p. 289; am. 2012, ch. 117, § 14, p. 321.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 117, substituted “board” for “state board of sheep commissioners” in the first sentence.

Compiler’s Notes.

The term “this act” near the middle of the last sentence refers to S.L. 1951, ch. 250, which is compiled as§§ 25-126, 25-127, 25-129 to 25-131, 25-133 to 25-140, 25-143 to 25-150, and 25-2612A.

The federal bureau of animal industry is established at 7 U.S.C.S. § 391.

§ 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.

1951, ch. 250, § 22, p. 527; am. 1997, ch. 116, § 11, p. 289.

§ 25-148. Importation of sheep — Notice of intention.

When an owner or person in charge of sheep desires to bring such sheep into this state from an adjoining state or territory, he shall notify the board or its agent, in writing, or by telephone or by facsimile, of such intention before entering the state, stating the time and place where such sheep shall enter; provided, however, that no notice will be required when sheep are in transit through the state, except sheep from a known infected area shall only be admitted in accordance with the rules of the board.

History.

1951, ch. 250, § 23, p. 527; am. 1997, ch. 116, § 12, p. 289; am. 2012, ch. 117, § 15, p. 321.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 117, substituted “board” for “state board of sheep commissioners” near the middle of the section.

§ 25-149. Keeping of diseased sheep — Liability of owners.

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

History.

1951, ch. 250, § 24, p. 527.

CASE NOTES

Decisions Under Prior Law

Pleadings and Proof.

In a civil action for damages resulting from negligence of owner of sheep in permitting his herd, which was afflicted with scab, to become mingled with herd of another, and communicating disease to such herd, it need not be alleged or proved that defendant knew of the existence of scab among his sheep. North & Douglas v. Woodland, 12 Idaho 50, 85 P. 215 (1906).

§ 25-150. Regulation of public sale yards and public auction sales.

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

History.

1951, ch. 250, § 25, p. 527; am. 2012, ch. 117, § 16, p. 321.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 117, substituted “board” for “state board of sheep commissioners” near the beginning of the section.

§ 25-151. Public buck herds

Rules and regulations. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised S.L. 1951, ch. 250, § 26, p. 527, was repealed by S.L. 1997, ch. 116, § 7, effective March 15, 1997.

§ 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.

I.C.,§ 25-152, as added by 1997, ch. 116, § 13, p. 289.

STATUTORY NOTES

Effective Dates.

Section 14 of S.L. 1997, ch. 116 declared an emergency. Approved March 15, 1997.

§ 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.

I.C.,§ 25-153, as added by 1998, ch. 205, § 4, p. 726.

STATUTORY NOTES

Compiler’s Notes.

The enactment of this section by S.L. 1998, ch. 205, § 4 became effective September 23, 1998, upon referendum approval of the provisions of the act by wool growers. For further details about this referendum, see the text of§ 25-160.

§ 25-154. Promotion, research and education policy.

It is to the best interests of all the people of the state of Idaho that the abundant and natural resources of Idaho be protected, fully developed and uniformly distributed. It is in the public interest and within the exercise of the police power of the state to protect the public health; to prevent fraudulent practices; to provide the means for the development of markets; to provide production research and education; and to encourage new product development and promotion of the sheep, lamb and wool industry.

History.

I.C.,§ 25-154, as added by 1998, ch. 205, § 4, p. 726.

STATUTORY NOTES

Compiler’s Notes.

The enactment of this section by S.L. 1998, ch. 205, § 4 became effective September 23, 1998, upon referendum approval of the provisions of the act by wool growers. For further details about this referendum, see the text of§ 25-160.

§ 25-155. Duties and powers of the board pertaining to promotion, research and education policy.

  1. The board may contract with the Idaho wool growers association, inc., or a similar agency for the administration of the Idaho sheep and goat health board’s business pertaining to the promotion, research and education policy.
  2. In the administration of sections 25-153 through 25-160, Idaho Code, the board shall, in conjunction with the Idaho wool growers association, inc., have the following duties, authorities and powers:
    1. To conduct a campaign of research, education and publicity;
    2. To find new markets for sheep, lamb and wool products;
    3. To give, publicize and promulgate reliable information showing the value of sheep, lamb and wool products for any purpose for which it is found useful and profitable;
    4. To make public and encourage the widespread national and international use of sheep, lamb and wool products produced in Idaho;
    5. To investigate and participate in studies of the problems peculiar to the producers of sheep, lamb and wool in Idaho.
  3. The board shall have the duty, power and authority:
    1. To take such action as the board deems necessary or advisable in order to stabilize and protect the sheep, lamb and wool industry of the state and the health and welfare of the public;
    2. To sue and be sued;
    3. To enter into such contracts as may be necessary or advisable;
    4. To appoint and employ officers, agents and other personnel, including experts in agriculture and the publicizing of the products thereof, and to prescribe their duties and fix their compensation;
    5. To make use of such advertising means and methods as the board deems advisable and to enter into contracts and agreements for research and advertising within and without the state;
    6. To cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities similar to the work and activities of the board, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity and reciprocal enforcement;
    7. To lease, purchase or own the real or personal property deemed necessary in the administration of the provisions of this act;
    8. To prosecute in the name of the state of Idaho any suit or action for collection of the tax or assessment provided for in the provisions of this act;
    9. To adopt, rescind, modify and amend all necessary and proper orders and resolutions for the procedure and exercise of its powers and the performance of its duties;
    10. To incur indebtedness and carry on all business activities;
    11. To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection by the state controller and the public at all times;
    12. To adopt from time to time, alter, rescind, modify and/or amend all proper and necessary rules and orders for the exercise of its powers and performance of its duties under this act. History.

I.C.,§ 25-155, as added by 1998, ch. 205, § 4, p. 726; am. 2012, ch. 117, § 17, p. 321.

STATUTORY NOTES

Cross References.

State controller,§ 67-1001 et seq.

Amendments.

The 2012 amendment, by ch. 117, substituted “board” for “commission” in the section heading and throughout the section and substituted “Idaho sheep and goat health board’s business” for “sheep commission’s business” in subsection (1).

Compiler’s Notes.

The term “this act” in subsections (g), (h), and ( l ) refers to S.L. 1998, ch. 205, which is compiled as§§ 25-127, 25-128, 25-153 to 25-160, and 25-2612A.

The enactment of this section by S.L. 1998, ch. 205, § 4 became effective September 23, 1998, upon referendum approval of the provisions of the act by wool growers. For further details about this referendum, see the text of§ 25-160.

For more on the Idaho wool growers association, see http://www.idahowool.org .

§ 25-156. Report.

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

History.

I.C.,§ 25-156, as added by 1998, ch. 205, § 4, p. 726; am. 2003, ch. 32, § 15, p. 115; am. 2012, ch. 117, § 18, p. 321.

STATUTORY NOTES

Cross References.

Division of financial management,§ 67-1910.

State controller,§ 67-1001 et seq.

Legislative council,§ 67-427 et seq.

Amendments.

The 2012 amendment, by ch. 117, substituted “Report” for “Deposit and disbursement of funds” in the section heading, deleted former subsections (1), (2), (3), (5), and (6), concerning the deposit, disbursement, and auditing of funds, and, in the remaining paragraph, substituted “board” for “commission” three times and inserted “or entity the board has contracted with pursuant to the provisions of section 25-155, Idaho Code.”

Compiler’s Notes.

The enactment of this section by S.L. 1998, ch. 205, § 4, became effective September 23, 1998, upon referendum approval of the provisions of the act by wool growers. For further details about this referendum, see the text of§ 25-160.

§ 25-157. Bonds of agents and employees. [Repealed.]

Repealed by S.L. 2012, ch. 117, § 19, effective July 1, 2012.

History.

I.C.,§ 25-157, as added by 1998, ch. 205, § 4, p. 726.

§ 25-158. State not liable for acts or omissions of board or of its employees.

The state of Idaho is not liable for the acts or omissions of the board or any member thereof or any officer, agent or employee thereof.

History.

I.C.,§ 25-158, as added by 1998, ch. 205, § 4, p. 726; am. 2012, ch. 117, § 20, p. 321.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 117, substituted “board” for “commission” in the section heading and the text.

Compiler’s Notes.

The enactment of this section by S.L. 1998, ch. 205, § 4, became effective September 23, 1998, upon referendum approval of the provisions of the act by wool growers. For further details about this referendum, see the text of§ 25-160.

§ 25-159. Assessment.

In addition to the assessment described in section 25-131, Idaho Code, there is hereby levied upon all wool grown annually in the state of Idaho an assessment of up to four cents (4¢) per pound of wool marketed. The assessment shall be collected in the amount authorized by the Idaho wool growers association and in the same manner as prescribed in this chapter with all provisions of this chapter, and corresponding rules, applying thereto.

History.

I.C.,§ 25-159, as added by 1998, ch. 205, § 4, p. 726.

STATUTORY NOTES

Compiler’s Notes.

For more on the Idaho wool growers association, see http://www.idahowool.org .

The enactment of this section by S.L. 1998, ch. 205, § 4, became effective September 23, 1998, upon referendum approval of the provisions of the act by wool growers. For further details about this referendum, see the text of§ 25-160.

§ 25-160. Referendum for wool growers.

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

  1. The procedures necessary to initiate a referendum in subsequent years, but not less than five (5) years from the passage of the initial referendum, are as follows:
    1. A referendum shall be held if the Idaho department of agriculture receives a petition requesting such referendum signed by ten percent (10%) or more of sheep producers who have paid an assessment to the Idaho sheep and goat health board in either of the two (2) immediate past calendar years; or
    2. A referendum shall be held if the Idaho department of agriculture receives a written request for such referendum from the Idaho sheep and goat health board.
    1. Any referendum shall be conducted only among sheep producers who paid an assessment to the Idaho sheep and goat health board during one (1) of the two (2) years prior to the referendum. (2)(a) Any referendum shall be conducted only among sheep producers who paid an assessment to the Idaho sheep and goat health board during one (1) of the two (2) years prior to the referendum.
    2. Any referendum must be supervised by the Idaho department of agriculture.
    3. Any referendum shall be held, and the result determined and declared by the director of the department of agriculture, and recorded in the office of the secretary of state.
    4. Notice of any referendum must be given by the board in a manner determined by it. The ballots must be prepared by the board and forwarded to eligible producers, who shall return them within twenty (20) days after mailing by the board.
    5. The board shall pay the costs of any referendum.

History.

I.C.,§ 25-160, as added by 1998, ch. 205, § 4, p. 726; am. 2012, ch. 117, § 21, p. 321.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Sheep and goat health board,§ 25-126.

Secretary of state,§ 67-901 et seq.

Amendments.

The 2012 amendment, by ch. 117, substituted “Idaho sheep and goat health board” for “Idaho sheep commission” in subsections (1) and (2) and “board” for “commission” throughout paragraphs (2)(d) and (e).

Compiler’s Notes.

The term “this act” in the first paragraph refers to S.L. 1998, ch. 205, which is compiled as§§ 25-127, 25-128, 25-153 to 25-160, and 25-2612A.

The enactment of this section by S.L. 1998, ch. 205, § 4, became effective September 23, 1998, upon referendum approval of the provisions of the act by wool growers. For further details about this referendum, see the text of this section.

Chapter 2 INSPECTION AND SUPPRESSION OF DISEASES AMONG LIVESTOCK

Sec.

§ 25-201. Powers of division of animal industries — By whom exercised.

The powers in this chapter conferred upon the division of animal industries (and unless otherwise apparent from the context, the word “division” hereinafter used refers to the division of animal industries) shall be exercised by the director of the department of agriculture or the administrator of the division of animal industries and such officers, employees and deputies as the administrator, with the approval of the director, may authorize, with the exception of those powers and duties pertaining to sheep, which powers and duties shall be exercised in said department by the board.

History.

1919, ch. 35, § 1, p. 121; C.S., § 1840; am. 1921, ch. 15, § 16, p. 14; I.C.A.,§ 24-201; am. 1974, ch. 18, § 101, p. 364; am. 2012, ch. 117, § 22, p. 321.

STATUTORY NOTES

Cross References.

Director of department of agriculture,§ 22-101 et seq.

Division of animal industries,§ 25-203.

Amendments.

The 2012 amendment, by ch. 117, substituted “board” for “state board of sheep commissioners” at the end of the section.

Compiler’s Notes.

The subject matter of this chapter has been a fruitful source of legislation, which, until the enactment of 1905, p. 39, was confined to the inspection and sanitary regulation of sheep. R.S.,§§ 1213-1222 authorized the appointment of sheep commissioners in each county, who were intrusted with the duty of inspecting bands of sheep therein. These sections were superseded by 1893, p. 79, which, however, perpetuated the same system, with additional provisions. The latter act was in turn repealed by 1895, p. 124, which inaugurated a system of state inspection, and which provided for the appointment of a state inspector and deputies. The act of 1895 was reenacted, with the exception of certain sections which had been held unconstitutional by 1899, p. 184, but was repealed by 1899, p. 352. An act of 1901, p. 142, repealed this latter act of 1899. The Act of 1905, p. 39, for the first time applied the inspection and quarantine regulations to cattle and other animals, repealed such sections of the 1901 sheep law as created the office of sheep inspector and deputy inspectors, leaving the other sections in force insofar as they were not inconsistent or in conflict with the 1905 law, and imposed the duties of sheep inspector and deputy sheep inspectors on the veterinary surgeon and his assistant, and the livestock inspectors created by the 1905 law. An act concerning diseased animals was added by 1903, p. 201, and an act on the extermination of predatory animals by 1907, p. 452. The entire law was consolidated in the Revised Codes. Subsequent to this consolidation and prior to the adoption of the Compiled Laws the legislature made many minor amendments, but usually by specific reference to the section affected. The principal changes were in relation to the extermination of predatory animals and the funds for that purpose (C.L., § 1197 et seq.), the appointment of the state veterinary surgeon (C.L., § 1158), and the manner of raising the livestock sanitary fund (C.L., § 1205). The legislature of 1919 repealed most of the law contained in C.L., ch. 66, and enacted in place of C.L., ch. 66, the present law herein contained (1919, ch. 35, p. 121). S.L. 1919, ch. 144, p. 438, relating to procedure for the destruction of cattle affected with tuberculosis, S.L. 1921, ch. 35, providing for cooperation of the state with the United States in the eradication of tuberculosis, S.L. 1943, ch. 139, providing for the livestock disease control and T.B. indemnity fund, and S.L. 1953, ch. 244, concerning the feeding of garbage to swine, also have been included in this chapter.

A separate law relating to sheep diseases (S.L. 1921, ch. 15) created the state board of sheep commissioners and gave said board jurisdiction over matters pertaining to sheep which were formerly exercised by the bureau of animal husbandry. This law was repealed by S.L. 1951, ch. 250, and a new board of sheep commissioners created. This law is now compiled in chapter 1, title 25, Idaho Code.

The words enclosed in parentheses so appeared in the law as enacted.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-202. Administrator — Qualifications.

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

History.

1919, ch. 35, § 2, p. 121; C.S., § 1841; I.C.A.,§ 24-202; am. 1974, ch. 18, § 102, p. 364; am. 1993, ch. 16, § 1, p. 58.

§ 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.

1919, ch. 35, § 2a, p. 122; C.S., § 1842; I.C.A.,§ 24-203; am. 1974, ch. 18, § 103, p. 364.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

§ 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.

1919, ch. 35, § 3, p. 122; C.S., § 1843; I.C.A.,§ 24-204; am. 1947, ch. 42, § 1, p. 47; am. 1974, ch. 18, § 104, p. 364; am. 1985, ch. 63, § 11, p. 125; am. 1993, ch. 16, § 2, p. 58.

§ 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.

1919, ch. 35, § 4, p. 122; C.S., § 1844; I.C.A.,§ 24-205; am. 1974, ch. 18, § 105, p. 364.

§ 25-206. Examinations by veterinarians.

The division shall have the authority to appoint at different points in this state, qualified veterinarians to examine any of the animals enumerated in this chapter that are to be moved to states where the sanitary laws require such examination, provided the owner requests such inspection. It shall also be the duty of the division to specify and regulate the fees charged for such examination and to remove such veterinarian whenever it may see fit: provided, that no veterinarian appointed under this section shall make any charge against the state for such service as he may render. No certificate shall be issued or no fee charged by such veterinarian unless he has himself actually examined the animals in question; failure to do so shall be considered a misdemeanor and subject to a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100).

History.

1919, ch. 35, § 5, p. 122; C.S., § 1845; I.C.A.,§ 24-206; am. 1974, ch. 18, § 106, p. 364.

§ 25-207. Movement and disease control of livestock and other animals — Rules and regulations.

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

History.

1919, ch. 35, § 6, p. 123; C.S., § 1846; I.C.A.,§ 24-207; am. 1943, ch. 139, § 1, p. 277; am. 1957, ch. 60, § 1, p. 102; am. 1974, ch. 18, § 107, p. 364; am. 1993, ch. 16, § 3, p. 58.

STATUTORY NOTES

Cross References.

Livestock disease control and T.B. indemnity fund,§ 25-233.

State treasurer,§ 67-1201 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-207A. Private feeding of big game animals — Rules for disease control.

  1. In order to provide for disease control and the protection of health and human safety, the division of animal industries is authorized to promulgate rules for the regulation and prohibition of the private feeding of big game animals.
  2. The division shall cooperate with the department of fish and game in the designation of such areas and the promulgation of rules necessary to facilitate such regulation.
  3. The Idaho department of fish and game shall cooperate with the division regarding spacial separation of big game and livestock in any areas designated by the division as requiring disease control methods.
  4. Rulemaking authority pursuant to the provisions of this section shall only apply to regulate or prohibit persons who purposely or knowingly provide supplemental feed to big game animals in a manner that results in an artificial concentration of such animals that may potentially contribute to the transmission of disease.
  5. Rulemaking authority pursuant to the provisions of this section shall not apply to supplemental feeding activities conducted by the department of fish and game.

History.

I.C.,§ 25-207A, as added by 2003, ch. 83, § 1, p. 258; am. 2004, ch. 151, § 1, p. 486.

STATUTORY NOTES

Cross References.

Department of fish and game,§ 36-101 et seq.

§ 25-207B. Identification of livestock, poultry or fish — Rules for disease control.

  1. In order to provide for disease control and increase the traceability of infected or exposed animals or fish, the division of animal industries, in cooperation with the state brand board, is authorized to promulgate rules for the identification of livestock, poultry or fish and the registration of premises where such animals or fish are held.
  2. All data and information collected by the division of animal industries or the state brand board pursuant to the provisions of this section, or rules promulgated hereunder, shall not be considered a public record and shall be exempt from public disclosure requirements as provided in section 74-107, Idaho Code.

History.

I.C.,§ 25-207B, as added by 2004, ch. 205, § 1, p. 627; am. 2015, ch. 141, § 38, p. 379.

STATUTORY NOTES

Cross References.

State brand board,§ 25-1101 et seq.

Amendments.

The 2015 amendment, by ch. 141, substituted “74-107” for “9-340D” in subsection (2).

§ 25-207C. Trichomoniasis control and eradication.

All non-virgin beef bulls not consigned to slaughter or to an approved feedlot within the state of Idaho shall be tested for trichomoniasis annually.

History.

I.C.,§ 25-207C, as added by 2014, ch. 48, § 1, p. 125.

§ 25-208. Cooperation with federal government.

The governor is hereby authorized to accept upon behalf of the state, rules and regulations prepared by the secretary of agriculture and under and in pursuance of section 3 of the Act of Congress, May 29, 1884, entitled: “An act for the establishment of the bureau of animal industry to prevent the exportation of diseased cattle and provide means for the suppression and extirpation of pleuropneumonia and other contagious diseases among domestic animals;” and the state shall cooperate with the authorities of the United States department of agriculture in the enforcement of the provisions of said act, and of the Act of March 3, 1905, entitled: “An act to enable the secretary of agriculture to establish and maintain quarantine districts, to permit and regulate the movement of cattle and other livestock therefrom for other purposes.”

History.

1919, ch. 35, § 7, p. 123; C.S., § 1847; I.C.A.,§ 24-208; am. 1993, ch. 16, § 4, p. 58.

STATUTORY NOTES

Federal References.

The Act of Congress of May 29, 1884 was codified as 21 U.S.C.S. § 114. The Act of Congress of March 3, 1905 was codified as 21 U.S.C.S. §§ 123 to 127. Both acts were repealed by the Act of Congress of May 13, 2002 (P.L. 107-171). Similar provisions may now be found at 7 U.S.C.S. § 8310 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

§ 25-209. Powers of federal officers.

When the governor has requested through the United States secretary of agriculture and accepted the cooperation of the United States department of agriculture, for the purpose of controlling or eradicating any contagious, infectious or communicable disease that may exist among any of the animals of this state, and when the said United States department of agriculture, through its duly authorized officers, agents or employees, shall be thus engaged, each of such officers, agents or employees shall possess the full power and authority of a state veterinarian under and by virtue of this chapter, and the rules and regulations of the state division, but shall not be entitled to claim reimbursement from the state for services he may perform unless a mutual agreement exists for cooperative employment and joint payment.

History.

1919, ch. 35, § 8, p. 123; C.S., § 1848; I.C.A.,§ 24-209; am. 1974, ch. 18, § 108, p. 364; am. 1993, ch. 16, § 5, p. 58.

§ 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:
    1. 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;
    2. 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;
    3. 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;
    4. 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;
    5. 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;
    6. 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;
    7. Establish biosecurity procedures and restrict human access to quarantined areas and infected and exposed premises in order to prevent dissemination of disease;
    8. 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.

1919, ch. 35, § 9, p. 124; C.S., § 1849; I.C.A.,§ 24-210; am. 1953, ch. 6, § 1, p. 7; am. 1957, ch. 60, § 2, p. 102; am. 1974, ch. 18, § 109, p. 364; am. 1987, ch. 211, § 1, p. 444; am. 1991, ch. 36, § 1, p. 72; am. 1993, ch. 16, § 6, p. 58; am. 2002, ch. 87, § 1, p. 206.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Department of fish and game,§ 36-101 et seq.

Federal References.

The Act of Congress of May 29, 1884 was codified as 21 U.S.C.S. § 114. The Act of Congress of March 3, 1905 was codified as 21 U.S.C.S. §§ 123 to 127. Both acts were repealed by the Act of Congress of May 13, 2002 (P.L. 107-171). Similar provisions may now be found at 7 U.S.C.S. § 8310 et seq.

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

Effective Dates.

Section 3 of S.L. 2002, ch. 87 declared an emergency. Approved March 19, 2002.

§ 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.

1919, ch. 35, § 10, p. 124; C.S., § 1850; I.C.A.,§ 24-211; am. 1945, ch. 110, § 1, p. 169; am. 1974, ch. 18, § 110, p. 364; am. 1979, ch. 182, § 1, p. 536; am. 1989, ch. 6, § 1, p. 7; am. 1993, ch. 16, § 7, p. 58.

STATUTORY NOTES

Effective Dates.

Section 2 of S.L. 1979, ch. 182 declared an emergency. Approved March 29, 1979.

§ 25-212. Reportable diseases which constitute an emergency — Rules — Duty of veterinarians and owners of livestock and other animals — Indemnity.

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

History.

1919, ch. 35, § 11, p. 124; C.S., § 1851; I.C.A.,§ 24-212; am. 1947, ch. 163, § 1, p. 419; am. 1953, ch. 4, § 1, p. 6; am. 1974, ch. 18, § 111, p. 364; am. 1993, ch. 16, § 8, p. 58; am. 1997, ch. 21, § 1, p. 30; am. 2002, ch. 87, § 2, p. 206.

STATUTORY NOTES

Cross References.

State board of examiners,§ 67-2001 et seq.

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

The abbreviation enclosed in parentheses so appeared in the law as enacted.

Effective Dates.

Section 3 of S.L. 2002, ch. 87 declared an emergency. Approved March 19, 2002.

§ 25-212A. Deficiency warrants for disease control.

Whenever the director declares an emergency, as provided in section 25-212, Idaho Code, the director shall cause the disease to be controlled and eradicated, using such funds as have been appropriated or may hereafter be made available for such purposes; provided, that whenever the cost of disease control and eradication exceeds the funds appropriated or otherwise available for that purpose, the state board of examiners may authorize the issuance of deficiency warrants against the general fund for up to five million dollars ($5,000,000) in any one (1) year for such disease control and eradication. The director, in executing the provisions of this chapter insofar as it relates to disease control and eradication, shall have the authority to cooperate with federal, state, county and municipal agencies and private citizens in disease control and eradication efforts; provided, that the state funds shall only be used to pay the state’s share of the cost of the disease control and eradication efforts. Disease control and eradication costs may include costs for inspection, diagnosis of disease, indemnity paid to owners for infected, exposed or disease susceptible animals purchased and destroyed by order of the director, costs associated with burial or disposal of animal carcasses, and costs for cleaning and disinfecting of infected premises. Such moneys as the state shall thus become liable for shall be paid as a part of the expenses of the department of agriculture out of appropriations which shall be made by the legislature for that purpose. In all appropriations hereafter made for expenses of the department of agriculture, account shall be taken of and provision made for this item of expense.

History.

I.C.,§ 25-212A, as added by 2002, ch. 291, § 1, p. 840.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

General fund,§ 67-1205.

State board of examiners,§ 67-2001 et seq.

§ 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.

1919, ch. 35, § 12, p. 125; C.S., § 1852; I.C.A.,§ 24-213; am. 1957, ch. 60, § 3, p. 102; am. 1974, ch. 18, § 112, p. 364; am. 1993, ch. 16, § 9, p. 58.

STATUTORY NOTES

Cross References.

Diseased meat may be seized and destroyed,§§ 37-1912, 37-1913.

CASE NOTES

Evidence.

In buyer’s action against seller of pigs for damages for value of seven diseased pigs which died and 16 other pigs which became infected from the purchased pigs and died, conflicting and confusing testimony was sufficient evidence to justify the jury in finding that the pigs had enteritis at the time of sale and that the defendants knew it and that six, at least, died from enteritis and that the other 16 pigs lost were infected by these six. Daniels v. Campanello, 75 Idaho 475, 274 P.2d 998 (1954).

Liability in Damages.

Where father gave daughter seven pigs which were not segregated from his or turned over to her until the day she sold them at a sales yard after she hauled them there in father’s truck, with his knowledge, both would be liable in damages to the buyer where pigs were diseased and they both knew it, or should reasonably have known it. Daniels v. Campanello, 75 Idaho 475, 274 P.2d 998 (1954).

RESEARCH REFERENCES

C.J.S.

§ 25-214. Unlawful to bring infected animals into state.

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

History.

1919, ch. 35, § 13, p. 125; C.S., § 1853; I.C.A.,§ 24-214.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 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.

I.C.,§ 25-214A, as added by 1988, ch. 113, § 1, p. 204; am. 1993, ch. 16, § 10, p. 58.

§ 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.

1919, ch. 35, § 14, p. 125; C.S., § 1854; I.C.A.,§ 24-215; am. 1974, ch. 18, § 113, p. 364; am. 1993, ch. 16, § 11, p. 58.

STATUTORY NOTES

Cross References.

Permission required to make tuberculin tests and indemnification of owners of condemned animals,§ 25-222.

Tuberculosis free areas,§ 25-301 et seq.

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

The words enclosed in parentheses so appeared in the law as enacted.

RESEARCH REFERENCES

C.J.S.

§ 25-216. Appraisal and compensation.

If in the opinion of the state department of agriculture or other qualified veterinarian working under its direction or under the direction of the secretary of agriculture of the United States, it shall be deemed necessary to destroy animals affected with tuberculosis, the procedure shall be as follows: each animal shall be appraised according to the plan outlined by the United States department of agriculture (B.A.I. Order 260 or any future amendments or modifications thereof) except that the appraisal value as determined by the representatives of the respective departments shall be final, and compensation shall be made out of any money in the treasury of the state of Idaho, appropriated for that purpose, on the certificate of the state department of agriculture or duly appointed deputy or assistant, filed with the state board of examiners: provided, however, that in no case shall compensation from the state of Idaho exceed twenty-five dollars ($25.00) for any grade animal and fifty dollars ($50.00) for any purebred animal; and, provided further, that the salvage of the animal shall first be deducted from the appraised value of the animal, and the state of Idaho shall pay up to one-third (1/3) of the difference between the salvage and the appraised value, thereby adding to the sum provided by the United States department of agriculture, and leaving the remaining sum to be borne by the owner thereof; and, provided further, that no compensation shall be made for or on account of any animal destroyed, if at the time of inspection or test of such animal or at the time of destruction thereof, it shall belong to or be on the premises of any person, firm or corporation, to which it has been sold, shipped or delivered for the purpose of being slaughtered, or is being kept in violation of any law of the United States or of the state of Idaho, or any rule or regulation of the United States department of agriculture or the state department of agriculture.

History.

1919, ch. 144, § 1, p. 438; C.S., § 1855; I.C.A.,§ 24-216; am. 1993, ch. 16, § 12, p. 58.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

State board of examiners,§ 67-2001 et seq.

Tests for tuberculosis,§§ 25-215, 25-222.

Tuberculosis eradication indemnity fund,§ 25-401 et seq.

Compiler’s Notes.

The words enclosed in parentheses so appeared in the law as enacted.

§ 25-217. Tuberculosis eradication — Cooperation with federal department.

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

History.

1921, ch. 35, § 1, p. 45; I.C.A.,§ 24-217; am. 1993, ch. 16, § 13, p. 58.

STATUTORY NOTES

Federal References.

The Act of October 1, 1918 referred to in this section is 40 Stat., ch. 178, p. 977.

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

§ 25-218. Diseased animals — Temporary quarantine — Notice.

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

History.

1921, ch. 35, § 2, p. 45; I.C.A.,§ 24-218; am. 1974, ch. 18, § 114, p. 364; am. 1993, ch. 16, § 14, p. 58; am. 2012, ch. 117, § 23, p. 321.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Sheep and goat health board,§ 25-126.

Amendments.

The 2012 amendment, by ch. 117, substituted “Idaho sheep and goat health board” for “board of sheep commissioners” in the second sentence.

Compiler’s Notes.

The term “this act” at the end of the third sentence refers to S.L. 1921, ch. 35, which is compiled as§§ 25-217 to 25-219.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-219. Punishment for violation of rules and regulations.

Any person, firm or corporation violating any of the provisions of this chapter or any of the rules and regulations made and in force and effect by the department of agriculture or division of animal industries of the state of Idaho, 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, or by imprisonment in the county jail not exceeding six (6) months.

History.

1921, ch. 35, § 3, p. 45; I.C.A.,§ 24-219; am. 1974, ch. 18, § 115, p. 364; am. 1982, ch. 21, § 1, p. 25.

STATUTORY NOTES

Effective Dates.

Section 4 of S.L. 1921, ch. 35 declared an emergency. Approved February 24, 1921.

CASE NOTES

Where father gave daughter seven pigs which were not segregated from his or turned over to her until the day she sold them at a sales yard after she hauled them there in father’s truck, with his knowledge, both would be liable in damages to the buyer where pigs were diseased and they both knew it, or should reasonably have known. Daniels v. Campanello, 75 Idaho 475, 274 P.2d 998 (1954).

RESEARCH REFERENCES

C.J.S.

§ 25-220. Importation of cattle

Dairy or breeding animals. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1919, ch. 35, § 15, p. 126; C.S., § 1857; I.C.A.,§ 24-220, was repealed by S.L. 1963, ch. 131, § 1, p. 383.

§ 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.

1919, ch. 35, § 16, p. 126; C.S., § 1858; I.C.A.,§ 24-221; am. 1974, ch. 18, § 116, p. 364; am. 1982, ch. 21, § 2, p. 25; am. 1991, ch. 36, § 2, p. 72; am. 1993, ch. 16, § 15, p. 58.

§ 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.

I.C.,§ 25-221A, as added by 1982, ch. 21, § 3, p. 25; am. 1993, ch. 16, § 16, p. 58.

CASE NOTES

Cited

State v. Summers, 115 Idaho 768, 769 P.2d 1140 (Ct. App. 1989).

§ 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.

1919, ch. 35, § 17, p. 127; C.S., § 1859; I.C.A.,§ 24-222; am. 1974, ch. 18, § 117, p. 364; am. 1993, ch. 16, § 17, p. 58.

STATUTORY NOTES

Cross References.

Appraisal and compensation,§ 25-216.

Cooperation with United States bureau of animal industry,§ 25-217.

Power of bureau of animal industry to test animals and indemnify owners,§ 25-215.

Tuberculosis eradication indemnity fund,§ 25-401 et seq.

Tuberculosis free areas,§ 25-301 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-223. Swine — Protective rules and regulations.

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

History.

1919, ch. 35, § 27, p. 130; C.S., § 1869; I.C.A.,§ 24-223; am. 1974, ch. 18, § 118, p. 364; am. 1991, ch. 36, § 3, p. 72.

STATUTORY NOTES

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

§ 25-224. Swine — Inspection, testing and treatment.

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 enter any premises where swine are or have been kept, for the purpose of inspecting, testing, treating, or disinfecting swine, or inspecting, cleaning or disinfecting such premises for the purpose of controlling or eradicating hog cholera, pseudorabies, or any other infectious, contagious or communicable disease.

History.

1919, ch. 35, § 28, p. 130; C.S., § 1870; I.C.A.,§ 24-224; am. 1974, ch. 18, § 119, p. 364; am. 1991, ch. 36, § 4, p. 72.

STATUTORY NOTES

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

§ 25-225. Swine — Quarantine.

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 place under quarantine any swine affected or infected with, or exposed to hog cholera, pseudorabies, or any other infectious, contagious, or communicable disease, also to quarantine any premises that may have contained any swine affected or infected with or exposed to hog cholera, pseudorabies, or other contagious, infectious or communicable disease. All quarantines shall be enforced according to the rules and regulations of the division.

History.

1919, ch. 35, § 29, p. 130; C.S., § 1871; I.C.A.,§ 24-225; am. 1974, ch. 18, § 120, p. 364; am. 1991, ch. 36, § 5, p. 72.

STATUTORY NOTES

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-225A. Swine — Pseudorabies — Herd depopulation.

In order to prevent the introduction or dissemination of pseudorabies into or among the swine population of Idaho, the division of animal industries is granted authority to condemn pseudorabies infected herds and to require the destruction of such herds. The board of examiners is authorized and empowered upon the recommendation of the division to reimburse the owner by cash payment for pseudorabies affected or exposed animals which have been appraised and slaughtered or condemned by the direction of the division, provided that the state shall only pay the difference between appraised price less federal indemnity and salvage for any livestock slaughtered or condemned under this section. In the event federal indemnity is unavailable, the state shall only pay the difference between appraised price and salvage. Appraisals shall be performed by a team comprised of an animal health representative, the owner and a person with experience in swine marketing. However, the director or his designee may grant a hearing to any person under such rules as the department may prescribe which are in compliance with chapter 52, title 67, Idaho Code, when the appraisal price is in dispute. An appeal may be taken from the decision of the director or his designee under the provisions of chapter 52, title 67, Idaho Code.

History.

I.C.,§ 25-225A, as added by 1991, ch. 36, § 6, p. 72; am. 1993, ch. 216, § 8, p. 587.

STATUTORY NOTES

Cross References.

State board of examiners,§ 67-2001 et seq.

§ 25-226. Swine — Treatment by federal and state agents.

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

History.

1919, ch. 35, p. 131; C.S., § 1872; I.C.A.,§ 24-226; am. 1974, ch. 18, § 121, p. 364.

§ 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.

1919, ch. 35, § 31, p. 131; C.S., § 1873; I.C.A.,§ 24-227; am. 1974, ch. 18, § 122, p. 364; am. 1991, ch. 36, § 7, p. 72.

§ 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.

1919, ch. 35, § 32, p. 131; C.S., § 1874; I.C.A.,§ 24-228; am. 1974, ch. 18, § 123, p. 364; am. 1991, ch. 36, § 8, p. 72.

STATUTORY NOTES

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

§ 25-229. Glanders — Tests

Destruction of affected animals. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1919, ch. 35, § 33, p. 131; C.S., § 1875; I.C.A.,§ 24-229; am. 1974, ch. 18, § 124, p. 364, was repealed by S.L. 1995, ch. 57, § 2, effective July 1, 1995.

§ 25-230. Penalty for violation of regulations.

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

History.

1919, ch. 35, § 34, p. 132; C.S., § 1876; I.C.A.,§ 24-230.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” in this section refers to S.L. 1919, ch. 35, which is compiled as§§ 25-201 to 25-207, 25-208 to 25-212, 25-213, 25-214, 25-215, 25-221, 25-222 to 25-225, 25-226 to 25-228, 25-230, and 25-231. The reference probably should be to “this chapter,” being chapter 2, title 25, Idaho Code.

§ 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.

1919, ch. 35, § 35, p. 132; C.S., § 1877; I.C.A.,§ 24-231.

§ 25-232. Disease and animal damage control tax levy and fees on cattle, horses, and mules.

  1. 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.
  2. 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.
  3. 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 ¼¢) per head.

History.

1943, ch. 139, § 8, p. 277; am. 1951, ch. 124, § 1, p. 292; am. 1955, ch. 46, § 1, p. 64; am. 1970, ch. 81, § 1, p. 200; am. 1974, ch. 18, § 125, p. 364; am. 1982, ch. 251, § 1, p. 642; am. 1985, ch. 37, § 1, p. 79; am. 1986, ch. 177, § 1, p. 467; am. 1989, ch. 5, § 1, p. 6; am. 1995, ch. 33, § 1, p. 51; am. 2012, ch. 117, § 24, p. 321; am. 2015, ch. 244, § 5, p. 1008.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

State brand inspector,§ 25-1103.

State brand board,§ 25-1101 et seq.

Amendments.

The 2012 amendment, by ch. 117, in subsection (b), substituted “Idaho sheep and goat health board account” for “sheep commissioners account” twice and “board” for “board of sheep commissioners.” The 2015 amendment, by ch. 244, in subsection (b), deleted “board” preceding “account” near the middle of the third sentence and near the end of the last sentence.

Compiler’s Notes.

Section 67-3525, referred to in the last sentence in subsection (b), was repealed by S.L. 1992, ch. 124, § 2.

For further information on the Idaho cattle association, see http://www.idahocattle.org/ .

Effective Dates.

Section 2 of S.L. 1985, ch. 37 declared an emergency. Approved March 11, 1985.

§ 25-233. Livestock disease control and T.B. indemnity fund.

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

History.

1943, ch. 139, § 9, p. 277; am. 1974, ch. 18, § 126, p. 364; am. 1993, ch. 16, § 18, p. 58.

STATUTORY NOTES

Cross References.

Cattle destroyed on account of tuberculosis, payment of compensation,§ 25-402.

State treasurer,§ 67-1201 et seq.

Compiler’s Notes.

The term “this act” near the beginning of the section refers to S.L. 1943, ch. 139, which is compiled as§§ 25-207, 25-232, and 25-233.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

§ 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.,§ 25-234, as added by 1973, ch. 39, § 3, p. 73.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

Prior Laws.

Former§ 25-234, which comprised S.L. 1953, ch. 244, § 1, p. 375, was repealed by S.L. 1973, ch. 39, § 2.

Legislative Intent.

Section 1 of S.L. 1973, ch. 39 read: “It is the purpose of the legislature of the state of Idaho, in adopting this legislation, to assist in the prevention of the spread of contagious diseases among swine or from swine to other animals and man.”

Compiler’s Notes.

The term “this act” in the last paragraph refers to S.L. 1973, ch. 39, which is compiled as§§ 25-234 and 25-235.

§ 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.,§ 25-235, as added by 1973, ch. 39, § 4, p. 73; am. 1974, ch. 18, § 127, p. 364.

STATUTORY NOTES

Cross References.

Administrative procedures act,§ 67-5201 et seq.

Prior Laws.

Former§ 25-235, which comprised S.L. 1953, ch. 244, § 2, p. 375, was repealed by S.L. 1973, ch. 39, § 2.

Compiler’s Notes.

The term “this act” in this section refers to S.L. 1973, ch. 39, which is compiled as§§ 25-234 and 25-235.

Effective Dates.

Section 263 of S.L. 1974, ch. 18 provided the act should take effect on and after July 1, 1974.

§ 25-236. Possession, sale, trade, barter, exchange and importation of animals.

  1. No person shall possess, offer for sale, trade, barter, exchange or importation into the state of Idaho any fox, skunk or raccoon, except as provided in subsection (2) or (3) of this section.
  2. Fur farms may possess or import any domestic fur-bearing animals with a certificate of veterinary inspection and domestic fur-bearing animals may be sold, traded, bartered or exchanged between fur farms in Idaho.
  3. Public parks, zoos, museums, and educational institutions may possess or import the animals listed in subsection (1) of this section only if the entity possesses a permit from the department of agriculture and the imported animal is accompanied by a certificate of veterinary inspection. The department of agriculture may refuse to issue a permit if the department finds that the entity requesting the permit does not have physical facilities adequate to maintain the animal in health and safety and to prevent the escape of the animal from confinement. Public parks, zoos, museums, and educational institutions that possess a permit from the department of agriculture may sell, trade, barter or exchange any of the animals listed in subsection (1) of this section with any other entity that has a valid permit from the department of agriculture.

History.

I.C.,§ 25-236, as added by 1981, ch. 217, § 1, p. 405; am. 1993, ch. 16, § 19, p. 58; am. 2006, ch. 226, § 1, p. 677.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Prior Laws.

Former§ 25-236, which comprised S.L. 1953, ch. 244, § 3, p. 375, was repealed by S.L. 1973, ch. 39, § 2.

Amendments.

The 2006 amendment, by ch. 226, in the section heading, added “Possession”; in subsection (1), updated subsection references; rewrote subsection (2), which formerly read: “An animal specified in subsection (a) of this section may be offered for sale, trade, barter, exchange or importation into the state of Idaho for commercial fur farming without the requirement of a permit; but an animal specified in subsection (a) hereof may be offered for sale, trade, barter, exchange or importation into the state to a public park, zoo, museum or educational institution for educational, medical, scientific or exhibition purposes only if the organization possesses a permit from the department of agriculture. The department of agriculture may refuse to issue a permit if the department finds that the organization requesting the permit does not have physical facilities adequate to maintain the animal in health and safety and to prevent the escape of the animal from confinement”; and added subsection (3).

§ 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.

I.C.,§ 25-237, as added by 2000, ch. 259, § 1, p. 730.

STATUTORY NOTES

Cross References.
Prior Laws.

Former§ 25-237, which comprised S.L. 1953, ch. 244, § 4, p. 375, was repealed by S.L. 1973, ch. 39, § 2.

Effective Dates.

Section 2 of S.L. 2000, ch. 259 declared an emergency. Approved April 12, 2000.

§ 25-238. Civil penalties.

  1. Any person, firm or corporation violating the provisions of this chapter or rules promulgated under this chapter may be assessed a civil penalty by the department or its agent of not more than five thousand dollars ($5,000) for each offense. Persons, firms or corporations 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, firm or corporation charged has been given notice and an opportunity for a hearing pursuant to the provisions of chapter 52, title 67, Idaho Code. If the department is unable to collect an assessed civil penalty or if any person, firm or corporation 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, firm or corporation against whom the department has assessed a civil penalty under this chapter may, within twenty-eight (28) days of the final agency action making the assessment, seek judicial review of the assessment in accordance with the provisions of chapter 52, title 67, Idaho Code. Moneys collected for violations of this chapter, or rules promulgated under this chapter, shall be deposited in the state treasury and credited to the livestock disease control and T.B. indemnity fund. If the director determines that a person, firm or corporation has not complied with this chapter, or the rules promulgated under this chapter, the director shall identify appropriate corrective actions. The director may develop a formal compliance schedule to correct deficiencies caused by noncompliance. The director may, through a formal compliance schedule, allow all or part of the value of the assessed civil penalties to apply toward correction of the deficiencies.
  2. 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.

I.C.,§ 25-238, as added by 2005, ch. 44, § 1, p. 172.

STATUTORY NOTES

Cross References.

Livestock disease control and T.B. indemnity fund,§ 25-233.

Prior Laws.

Former§ 25-238, which comprised S.L. 1953, ch. 244, § 5, p. 375, was repealed by S.L. 1973, ch. 39, § 2.

§ 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.

I.C.,§ 25-239, as added by 2016, ch. 49, § 1, p. 143.

STATUTORY NOTES

Cross References.

Division of animal industries,§ 25-201.

State brand board,§ 25-1101 et seq.

Prior Laws.

Former§ 25-239, Inspection and investigation — Maintenance of records, which comprised S.L. 1953, ch. 244, § 6, p. 375, was repealed by S.L. 1973, ch. 39, § 2.

§ 25-240. Livestock removal requirements.

Livestock removal requirements shall apply as follows:

  1. For approved feedlots, all animals must go to slaughter except under conditions specified in rule by the department.
  2. For approved trader lots, brucellosis test-eligible cattle that are sexually intact cattle over eighteen (18) months or pregnant or post-pregnant cattle of any age, must receive a health certificate prior to release for breeding or grazing purposes. Cattle destined for slaughter, an approved feedlot or a livestock market are exempt from this requirement. Cattle that are not brucellosis test-eligible are not required to receive a health certificate prior to release. All non-virgin bulls and all bulls over eighteen (18) months of age leaving a trader lot must be accompanied with a current negative trichomoniasis test or undergo three (3) negative trichomoniasis tests collected at least seven (7) days apart unless they are destined for slaughter, an approved feedlot or a livestock market.
  3. For buying stations, no health certificate or saleyard release is required because all buying station livestock must go directly to slaughter and cattle going to slaughter do not require a health certificate.
  4. For livestock dealers, if cattle are sold and are moving within the state, the only removal requirement is to receive a brand inspection. No health certificate is required. If cattle are crossing state lines, all livestock interstate movement requirements shall apply, which in most instances will include a health certificate.
  5. For livestock markets, all animals shall be inspected by an accredited veterinarian, confirmed to be free of disease and receive either a saleyard release form or health certificate to certify the livestock meet all requirements to ship to their destinations.

History.

I.C.,§ 25-240, as added by 2016, ch. 49, § 2, p. 143.

STATUTORY NOTES

Prior Laws.

Former§ 25-240, Enforcement of act — Rules and regulations, which comprised S.L. 1953, ch. 244, § 7, p. 375, was repealed by S.L. 1973, ch. 39, § 2.

§ 25-241. Penalties. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised S.L. 1953, ch. 244, § 8, p. 375, were repealed by S.L. 1973, ch. 39, § 2.

Chapter 3 TUBERCULOSIS FREE AREAS

Sec.

§ 25-301. Petition of owners in area — Testing of cattle and other animals.

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

History.

1923, ch. 146, § 1, p. 214; I.C.A.,§ 24-301; am. 1993, ch. 15, § 1, p. 56.

STATUTORY NOTES

Compiler’s Notes.

Section 25-229, which is referred to at the end of this section, was repealed by S.L. 1995, ch. 57, § 2.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-302. Appropriation of moneys.

The county commissioners of such county, counties, or areas, shall appropriate as much money as they deem necessary for the control and eradication of any infectious, contagious or communicable disease of livestock or other animals or the carrier of the cause of such disease, and such funds shall be used in cooperation with the state division or federal department of agriculture in testing animals and disposing of such diseased animals disclosed by such tests, as provided for in this act.

History.

1923, ch. 146, § 2, p. 214; I.C.A.,§ 24-302; am. 1974, ch. 18, § 128, p. 364; am. 1993, ch. 15, § 2, p. 56.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” at the end of the section refers to S.L. 1923, ch. 146, which is compiled as§§ 25-301 to 25-306.

§ 25-303. Designation of free areas.

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

History.

1923, ch. 146, § 3, p. 214; I.C.A.,§ 24-303; am. 1974, ch. 18, § 129, p. 364; am. 1993, ch. 15, § 3, p. 56.

§ 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.

1923, ch. 146, § 4, p. 214; I.C.A.,§ 24-304; am. 1974, ch. 18, § 130, p. 364; am. 1993, ch. 15, § 4, p. 56.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-305. Rules and regulations.

The state department of agriculture is hereby empowered and the division of animal industries shall be authorized to make, promulgate and enforce general and reasonable rules and regulations not inconsistent with law for the enforcement of the provisions of this chapter.

History.

1923, ch. 146, § 5, p. 214; I.C.A.,§ 24-305; am. 1974, ch. 18, § 131, p. 364.

§ 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.

1923, ch. 146, § 6, p. 214; I.C.A.,§ 24-306; am. 1993, ch. 15, § 5, p. 56.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” twice in this section refers to S.L. 1923, ch. 146, which is compiled as§§ 25-301 to 25-306.

Effective Dates.

Section 7 of S.L. 1923, ch. 146 declared an emergency. Approved March 15, 1923.

RESEARCH REFERENCES

C.J.S.

§ 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.

1927, ch. 56, § 1, p. 69; I.C.A.,§ 24-307; am. 1974, ch. 18, § 132, p. 364; am. 1993, ch. 15, § 6, p. 56.

STATUTORY NOTES

Effective Dates.

Section 263 of S.L. 1974, ch. 18 provided the act should take effect on and after July 1, 1974.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-308. Violation of quarantine.

Any person, firm or corporation who shall violate any provisions of such quarantine 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.

1927, ch. 56, § 2, p. 69; I.C.A.,§ 24-308; am. 1993, ch. 15, § 7, p. 56.

Chapter 4 LIVESTOCK DISEASE CONTROL — TUBERCULOSIS

Sec.

§ 25-401. Performance of chapter.

The department of agriculture of the state of Idaho, through the division of animal industries, is hereby empowered to carry out all the provisions of this act.

History.

1923, ch. 158, § 1, p. 231; I.C.A.,§ 24-401; am. 1974, ch. 18, § 133, p. 364.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” at the end of the section refers to S.L. 1923, ch. 158, which is compiled as§§ 25-401 to 25-403.

§ 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.

1923, ch. 158, § 3, p. 231; am. 1927, ch. 55, § 1, p. 69; am. 1929, ch. 245, § 1, p. 500; I.C.A.,§ 24-403; am. 1941, ch. 107, § 1, p. 190; am. 1993, ch. 14, § 1, p. 55; am. 2006, ch. 93, § 1, p. 267.

STATUTORY NOTES

Cross References.

Livestock disease control and T.B. indemnity fund,§ 25-233.

Tax levy on cattle within state,§ 25-232.

Tuberculosis of cattle,§§ 25-215 to 25-217.

Amendments.

The 2006 amendment, by ch. 93, rewrote this section, which formerly read: “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 twenty-five dollars ($25.00) for a grade animal nor more than fifty dollars ($50.00) for a registered purebred animal and in no case shall the indemnity paid the owner by the state exceed one-third (1/3) the difference between appraised value and salvage value of the animals destroyed.”

Effective Dates.

Section 2 of S.L. 1927, ch. 55 declared an emergency. Approved February 24, 1927.

Section 2 of S.L. 1929, ch. 245 declared an emergency. Approved March 16, 1929.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-403. Exceptions.

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

  1. a. If the owner does not disinfect the premises, etc., as directed by the state division or federal bureaus.
  2. b. For any animal destroyed where the owner has not complied with all lawful quarantine regulations.
  3. c. Animals reacting to a test not approved by the state division or federal bureaus.
  4. d. Animals belonging to the state of Idaho or the United States government.
  5. e. Animals brought into the state in violation of the state laws and regulations.
  6. f. Animals which the owner, or claimant, knew to be diseased, or had notice thereof, at the time they came into their possession.
  7. g. Animals which had the disease for which they were slaughtered, or which were destroyed by reason of exposure to the disease, at the time of their arrival in the state.
  8. h. Animals which have not been within the state of Idaho for a period of at least one hundred and twenty (120) days prior to the discovery of the disease.
  9. i. Where the owner has failed to submit the necessary reports as required by this act.

History.

1923, ch. 158, § 4, p. 231; I.C.A.,§ 24-404; am. 1974, ch. 18, § 134, p. 364; am. 1993, ch. 14, § 2, p. 55.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” at the end of the section refers to S.L. 1923, ch. 158, which is compiled as§§ 25-401 to 25-403.

Effective Dates.

Section 263 of S.L. 1974, ch. 18 provided the act should take effect on and after July 1, 1974.

Chapter 5 GLANDERS

Sec.

§ 25-501 — 25-503. Performance — Compensation — Exceptions. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised 1925, ch. 63, §§ 1, 3 and 4, p. 92; I.C.A.,§§ 24-501, 24-503 and 24-504; am. 1974, ch. 18, §§ 135 to 137, p. 364, were repealed by S.L. 1995, ch. 57, § 1, effective July 1, 1995.

Chapter 6 BANG’S DISEASE

Sec.

§ 25-601. Duties of department of agriculture.

The department of agriculture (hereinafter referred to as department) is hereby authorized to cooperate with veterinary services of the United States department of agriculture (hereinafter referred to as veterinary services), for the purpose of eradication of brucellosis among cattle and other animals which shall include, but not be limited to, other bovidae, captive cervidae, captive antilocapridae, camelidae and suidae in the state of Idaho. The department shall make rules and regulations for the administration of this chapter and provide therein for the manner, method and system of testing cattle and other animals for brucellosis in cooperation with veterinary services for the eradication of said disease, and for such preventive measures as may be deemed necessary to carry out the cooperative work for the eradication of brucellosis among cattle and other animals in this state.

History.

1939, ch. 150, § 1, p. 267; am. 1988, ch. 114, § 1, p. 205; am. 1993, ch. 13, § 1, p. 49.

STATUTORY NOTES

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

The words enclosed in parentheses so appeared in the law as enacted.

§ 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.

1939, ch. 150, § 2, p. 267; am. 1988, ch. 114, § 2, p. 205; am. 1993, ch. 13, § 2, p. 49.

STATUTORY NOTES

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

The words enclosed in parentheses so appeared in the law as enacted.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 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.

1939, ch. 150, § 3, p. 267; am. 1986, ch. 102, § 1, p. 288; am. 1988, ch. 114, § 3, p. 205; am. 1993, ch. 13, § 3, p. 49.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-604. Extent of eradication area — Supervision and quarantine of premises.

The area designated for the control of brucellosis may consist of the entire state, a portion of the state, entire county or part of the county, but if less than the entire county the boundary of the area shall be clearly defined in the order for the establishment of such area. When the department has established an area for the control of such disease, within a county, the commissioners of such county shall be notified and assist in the dissemination of the order and in policing the movement of livestock and other animals into and out of such area.

History.

1939, ch. 150, § 4, p. 267; am. 1988, ch. 114, § 4, p. 205; am. 1993, ch. 13, § 4, p. 49.

§ 25-605. Brucellosis tests.

The entire state of Idaho is in the process of eradicating brucellosis in accordance with the provisions of this chapter and it shall be the duty of each owner of cattle or other animals to allow the brucellosis test to be made upon any and all cattle or other animals owned by him within the state and to pen such cattle or other animals in suitable pens and restrain them for the test whenever directed to do so in writing by the department or its representative, and each day the owner or person in charge of such cattle or other animals shall fail or refuse to allow such test, or shall fail and refuse to pen and restrain said cattle or other animals as requested by the department, shall constitute a separate offense and the owner and person in charge of said cattle or other animals shall, upon conviction for failure to comply with such request, each be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000); provided that no owner of cattle ranging on United States forest reserve or on the public domain shall be directed to pen his cattle for a brucellosis test between the dates of April 1 and December 1 of any year.

History.

1939, ch. 150, § 5, p. 267; am. 1941, ch. 58, § 1, p. 118; am. 1957, ch. 17, § 1, p. 20; am. 1986, ch. 102, § 2, p. 288; am. 1988, ch. 114, § 5, p. 205; am. 1993, ch. 13, § 5, p. 49.

STATUTORY NOTES

Compiler’s Notes.

In the published acts S.L. 1941, ch. 58, § 1 states that it amends S.L. 1939, ch. 159, § 5, instead of ch. 150.

Effective Dates.

Section 2 of S.L. 1957, ch. 17 declared an emergency. Approved February 7, 1957.

§ 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.

1939, ch. 150, § 6, p. 267; am. 1978, ch. 156, § 1, p. 344; am. 1988, ch. 114, § 6, p. 205; am. 1993, ch. 13, § 6, p. 49; am. 2003, ch. 106, § 1, p. 333.

STATUTORY NOTES

Cross References.

State board of examiners,§ 67-2001 et seq.

RESEARCH REFERENCES

C.J.S.

§ 25-607. Disposal of positive reactors restricted.

It shall be unlawful for any positive reactor to the brucellosis test, in said cooperative eradication work, to be slaughtered or to be otherwise disposed of except under the direction of the department, and any person who kills or destroys or removes the carcass of any such positive reactor without permission from the department, from the premises whereon said animal was tested, shall be fined the same as if he had violated section 25-603, Idaho Code.

History.

1939, ch. 150, § 7, p. 267; am. 1993, ch. 13, § 7, p. 49.

§ 25-608. Identification of tested animals.

It shall be the duty of all veterinarians in the state of Idaho, at the time of taking a blood sample from any animal for the purpose of having such blood sample tested for brucellosis, to record the number of the official eartag or other official identification, if present or affix an official metal eartag bearing a number of identification on the right ear of said animal, or affix other official identification to the animal, except that in the case of registered cattle or other animals a legible tattoo number may suffice for identification.

History.

1939, ch. 150, § 8, p. 267; am. 1988, ch. 114, § 7, p. 205; am. 1993, ch. 13, § 8, p. 49.

§ 25-609. Official brucellosis test charts — Transmission of copies to laboratories. — It shall be the duty of all veterinarians to transmit to the laboratory conducting the brucellosis test on blood samples of cattle or other animals, three (3) copies of the official brucellosis test charts, showing the eartag, other official identification or tattoo number of each individual animal from which the samples were taken opposite the appropriate tube number, and designate on the chart the purpose of the test,

whether for annual, addition to tested or certified herd, local or interstate shipment. Such charts shall be transmitted at the same time the samples are transmitted to the laboratory.

History.

1939, ch. 150, § 9, p. 267; am. 1993, ch. 13, § 9, p. 49.

§ 25-610. Branding of positive reactors — Revoking accreditation of veterinarians for noncompliance.

It shall further be the duty of each veterinarian in the state of Idaho, upon the receipt of such brucellosis test chart from the laboratory, to brand clearly or have branded in his presence in accordance with the U.S. department of agriculture’s publication entitled “brucellosis eradication: uniform methods and rules, effective October 1, 2003,” and place an official brucellosis reactor tag in the left ear of any animals which show a positive reaction to the test in accordance with the code of federal regulation definition for a reactor. A statement that such reactors have been so branded will be made on the said chart and a copy mailed to the department within forty-eight (48) hours after receipt of said chart. A copy of any brucellosis test chart which does not show positive reactors shall also be mailed to the department within forty-eight (48) hours after receipt of said chart. Failure on the part of any veterinarian authorized by law to make blood tests, appraise reactors, vaccinate cattle or other animals, or issue quarantines shall be cause for revocation of accreditation if he fails to comply with all provisions of this law, and such veterinarian shall no longer be allowed to perform any duties for the state of Idaho until he has been reinstated.

History.

1939, ch. 150, § 10, p. 267; am. 1988, ch. 114, § 8, p. 205; am. 1993, ch. 13, § 10, p. 49; am. 2006, ch. 216, § 1, p. 651.

STATUTORY NOTES

Amendments.

The 2006 amendment, by ch. 216, in the first sentence, substituted “in accordance with the U.S. department of agriculture’s publication entitled ‘brucellosis eradication: uniform methods and rules, effective October 1, 2003’” for “with a letter ‘B’ not less than three (3) inches high, upon the left jaw.”

Federal References.

The term “reactor” is defined in the code of federal regulations for brucellosis testing purposes in 9 C.F.R. § 78.1.

§ 25-611. Laboratory tests — Where and by whom taken.

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

History.

1939, ch. 150, § 11, p. 267; am. 1988, ch. 114, § 9, p. 205; am. 1993, ch. 13, § 11, p. 49.

STATUTORY NOTES

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

§ 25-612. Duty of owner to have reactors slaughtered.

It shall be the duty of the owner of any cattle or other animals which have been officially classified as reactors to the brucellosis disease test in accordance with the provisions of this chapter, after receiving a written order and permit to move such animals for immediate slaughter, to move such animals or cause the same to be moved to the point designated in the order and permit, and to cause such animals to be slaughtered in accordance with the provisions of this chapter not later than fifteen (15) days from the date the test was made.

History.

1939, ch. 150, § 12, p. 267; am. 1988, ch. 114, § 10, p. 205; am. 1993, ch. 13, § 12, p. 49.

§ 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.

1939, ch. 150, § 13, p. 267; am. 1988, ch. 114, § 11, p. 205; am. 1993, ch. 13, § 13, p. 49; am. 2002, ch. 102, § 1, p. 277.

§ 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.

I.C.,§ 25-613A, as added by 1980, ch. 148, § 1, p. 316; am. 1983, ch. 95, § 1, p. 208; am. 1986, ch. 102, § 3, p. 288; am. 1993, ch. 216, § 9, p. 587; am. 2002, ch. 102, § 2, p. 277.

§ 25-614. Indemnity payments restricted.

No indemnity shall be paid to any owner of cattle or other animals for any positive reacting cattle or other animals unless such cattle or other animals are native Idaho cattle or other animals or have been imported in compliance with existing Idaho rules and regulations.

History.

1939, ch. 150, § 14, p. 267; am. 1988, ch. 114, § 12, p. 205; am. 1993, ch. 13, § 14, p. 49.

§ 25-614A. Herd depopulation.

In order to facilitate the advancement of the state of Idaho to brucellosis class free and to maintain the state in this category, the division of animal industries is granted authority to condemn brucellosis infected herds and to require the destruction of such infected herds. The board of examiners is authorized and empowered upon the recommendation of the division, to reimburse the owner by cash payment for brucellosis affected or exposed animals which have been appraised and slaughtered by direction of the division, provided that the state shall only pay the difference between appraised price less federal indemnity and salvage for any cattle or other animals slaughtered under the provisions of this section. Appraisals shall be performed by a team made up of an animal health representative, the owner and a person with experience in marketing cattle or other animals. However, the director or his designee may grant a hearing to any person under such rules as the department may prescribe which are in compliance with chapter 52, title 67, Idaho Code, when appraisal price is in dispute. An appeal may be taken from the decision of the director or his designee under the provisions of chapter 52, title 67, Idaho Code.

History.

I.C.,§ 25-614A, as added by 1988, ch. 114, § 13, p. 205; am. 1993, ch. 13, § 15, p. 49; am. 1993, ch. 216, § 10, p. 587.

STATUTORY NOTES

Cross References.

State board of examiners,§ 67-2001 et seq.

Amendments.

This section was amended by two 1993 which appear to be compatible and have been compiled together.

The 1993 amendment, by ch. 13, § 15, substituted “brucellosis” for “Brucellosis” throughout this section; in the second sentence substituted “cattle or other animals” for “livestock” preceding “slaughtered under”; added “the provisions of” preceding “this section.”; in the third sentence deleted “cattle” preceding “marketing”; at the end of the third sentence added “cattle or other animals”; and near the end of the last sentence substituted “chapter 52, title 67” for “section 67-5215” preceding “, Idaho Code.”

The 1993 amendment, by ch. 216, § 10, in the fourth sentence deleted “and regulations” preceding “as the department may”; and near the end of the last sentence substituted “chapter 52, title 67” for “section 67-5215.”

§ 25-615. Branding and isolation of positive reactors.

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

History.

1939, ch. 150, § 15, p. 267; am. 1993, ch. 13, § 16, p. 49.

§ 25-616. Penalty for violations.

  1. Any person, firm, or corporation who shall fail to do or perform, or who shall not permit another to do or perform, any act which he or it is required to do or perform under the provisions of this chapter, or who shall in any manner interfere with the compliance of the provisions of this chapter by any officer or representative of the department, veterinary services or commissioners, or who shall refuse to present or restrain any cattle or other animals for the purpose of identifying, testing, inspecting, examining, vaccinating, or branding pursuant to the provisions of this chapter, or who shall remove any eartag from any brucellosis reactor, or who shall remove the eartag from any animal tested, identified or vaccinated for brucellosis and place such tag on or in the ear of another animal, or place a vaccination tag in the ear of an unvaccinated animal is guilty of a misdemeanor. Upon conviction, violators are subject to a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense, or by imprisonment in the county jail for a period not to exceed six (6) months.
  2. Any person violating the provisions of this chapter or rules promulgated under this chapter may be assessed a civil penalty by the department or its agent of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense. Persons against whom civil penalties are assessed are liable for reasonable attorney’s fees. Civil penalties may be assessed in conjunction with any other department administrative action. Civil penalties may not be assessed unless the person charged has been given notice and an opportunity for a hearing pursuant to the provisions of chapter 52, title 67, Idaho Code. If the department is unable to collect an assessed civil penalty or if any person fails to pay all or a set portion of a civil penalty as determined by the department, the department may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under this chapter may, within twenty-eight (28) days of the final agency action making the assessment, seek judicial review of the assessment in accordance with the provisions of chapter 52, title 67, Idaho Code. Moneys collected for violations of this chapter or rules promulgated under this chapter shall be deposited in the state treasury and credited to the livestock disease control and T.B. indemnity fund. If the director determines that a person has not complied with this chapter or the rules promulgated under this chapter, the director shall identify appropriate corrective actions. The director may develop a formal compliance schedule to correct deficiencies caused by noncompliance. The director may, through a formal compliance schedule, allow all or part of the value of the assessed civil penalties to apply toward correction of the deficiencies.
  3. Nothing in this section requires the director to report minor violations for prosecution when he believes that the public interest will be best served by suitable warnings or other administrative action.

History.

1939, ch. 150, § 16, p. 267; am. 1980, ch. 148, § 2, p. 316; am. 1986, ch. 102, § 4, p. 288; am. 1988, ch. 114, § 14, p. 205; am. 1993, ch. 13, § 17, p. 49; am. 2002, ch. 102, § 3, p. 277.

STATUTORY NOTES

Cross References.

Livestock disease control and T.B. indemnity fund,§ 25-233.

Compiler’s Notes.

The veterinary service office in the United States department of agriculture was reorganized in 2013 into four separate business units. See http://nvap.aphis.usda.gov/animalhealth/ .

RESEARCH REFERENCES

C.J.S.

§ 25-617. Separability.

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

History.

1939, ch. 150, § 17, p. 267.

STATUTORY NOTES

Compiler’s Notes.

The terms “this act” and “the act” refer to S.L. 1939, ch. 150, which is compiled as§§ 25-601 to 25-617.

§ 25-618. Bison — Management of diseased animals.

  1. The legislature finds that significant potential exists for the spread of contagious disease to persons, livestock and other animals in Idaho, and in particular, the spread of brucellosis to livestock, elk, moose and other susceptible animals from bison emigrating into Idaho from Yellowstone national park and its environs. It is the purpose of the provisions of this section to provide for the management or eradication of bison which have not been reduced to captivity and which pose a threat to persons, livestock or other animals through the transmission of contagious disease, and to prescribe the duties of the department of agriculture with respect thereto.
  2. When estrayed or migratory bison exposed to or affected with brucellosis or other communicable disease determined by the department to pose a significant threat to persons, livestock or other animals, enter into or are otherwise present within the state of Idaho, one (1) of the following actions will be taken by the department:
    1. The live bison may be physically removed by the safest and most expeditious means from within the state boundaries. This means may include, but is not limited to, capture, trucking, hazing/aversion or delivery to a slaughterhouse approved by the department. This shall constitute the action of choice if at all feasible.
    2. If live bison cannot safely or by reasonable and permanent means be removed from the state as provided in paragraph (a) of this subsection, they may be destroyed where they stand by the use of firearms. If firearms cannot be used with due regard for human safety and public and private property, the bison shall be relocated to a danger free area and destroyed by any practicable means of euthanasia, including the use of firearms.
    3. When bison of necessity or unintentionally are killed through actions of the department, the carcass remains will be disposed of by the most economical means possible. This may include but is not limited to burying, incineration, rendering or field dressing for delivery to a departmentally approved slaughterhouse or slaughter destination.
  3. The department shall promulgate such rules and regulations pursuant to chapter 52, title 67, Idaho Code, as it deems necessary to implement the provisions of this section.
  4. Upon the request of the department of agriculture, the department of fish and game shall cooperate with and assist the department of agriculture in accomplishing the requirements of this section.

History.

I.C.,§ 25-618, as added by 1992, ch. 271, § 1, p. 842.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Department of fish and game,§ 36-101 et seq.

Chapter 7 REGULATION OF SIRES

Sec.

§ 25-701 — 25-721. Regulation of sires. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections were repealed by S.L. 1953, ch. 5, § 1, p. 7:

Sections 25-701 to 25-719 were comprised of S.L. 1909, p. 211, §§ 1 to 10, 13; modified by R.C., § 6311; compiled and reen. C.L. 67:1-67:19; C.S. §§ 1887 to 1905; I.C.A.,§§ 24-701 to 24-719; am. 1933, ch. 47, § 2, p. 75; am. 1943, ch. 139, §§ 2, 3, p. 277.

Section 25-720 was comprised of S.L. 1905, p. 232, § 1; reen. R.C., § 3451; am. 1909, p. 211, § 4; am. 1913, ch. 174, part of § 1, p. 550; compiled and reen. C.L. 67:20; C.S., § 1906; I.C.A., § 720.

Section 25-721 was comprised of S.L. 1913, ch. 174, part of § 1, p. 550; compiled and reen. C.L. 67:21; C.S., § 1907; I.C.A.,§ 24-721.

Chapter 8 ARTIFICIAL INSEMINATION OF DOMESTIC ANIMALS — LICENSE TO PRACTICE

Sec.

§ 25-801. Scope of act.

The practice of artificial insemination of domestic animals in the state of Idaho is subject to the regulations prescribed in this act. Nothing herein shall be held to apply to, interfere with or prohibit the activities of duly licensed veterinarians, or to permit persons licensed under this act to use or prescribe medicine, including chemical drugs, perform surgical operations or practice obstetrics.

History.

1945, ch. 180, § 1, p. 274.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” refers to S.L. 1945, ch. 180, which is compiled as§§ 25-801 to 25-813.

§ 25-802. Definition.

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

History.

1945, ch. 180, § 2, p. 274.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” refers to S.L. 1945, ch. 180, which is compiled as§§ 25-801 to 25-813.

§ 25-803. License required.

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

History.

1945, ch. 180, § 3, p. 274.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” refers to S.L. 1945, ch. 180, which is compiled as§§ 25-801 to 25-813.

§ 25-804. Division of animal industries — Powers and duties.

This act shall be administered by the division of animal industries and in addition to any powers now conferred by law shall have the following powers and duties:

  1. a. To conduct examinations to ascertain the qualifications and fitness of applicants to practice artificial insemination in the state of Idaho.
  2. b. To prescribe rules and regulations for a fair and wholly impartial examination of candidates to practice artificial insemination.
  3. c. To prescribe rules and regulations defining a course on artificial insemination and sanitation and to determine the sufficiency of any such course for the purpose of qualifying persons to be licensed under this act.
  4. d. To conduct hearings on proceedings to revoke licenses of persons practicing under this act and to revoke such licenses for due cause, or upon such hearing to refuse a renewal of license to any person practicing artificial insemination for due cause.
  5. e. To formulate such rules and regulations not contrary to the provisions of this act when required as may be necessary for the proper administration of this act.

History.

1945, ch. 180, § 4, p. 274; am. 1974, ch. 18, § 138, p. 364.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” throughout this section refers to S.L. 1945, ch. 180, which is compiled as§§ 25-801 to 25-813.

§ 25-805. Prerequisite qualifications of applicants for license.

Every applicant for a license to practice artificial insemination as in this act defined shall be a person of good moral character and a graduate of a course on artificial insemination and sanitation, or of an equivalent course, as defined and approved by the division of animal industries.

History.

1945, ch. 180, § 5, p. 274; am. 1974, ch. 18, § 139, p. 364.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” refers to S.L. 1945, ch. 180, which is compiled as§§ 25-801 to 25-813.

§ 25-806. Application for license.

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

History.

1945, ch. 180, § 6, p. 274; am. 1974, ch. 18, § 140, p. 364.

§ 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 [livestock disease control and T.B. indemnity fund].

History.

1945, ch. 180, § 7, p. 274; am. 1947, ch. 6, § 1, p. 7; am. 1974, ch. 18, § 141, p. 364; am. 1984, ch. 17, § 1, p. 19.

STATUTORY NOTES

Compiler’s Notes.

The bracketed insertion at the end of the section was added by the compiler to supply the name of the probable intended fund. See§ 25-233.

§ 25-808. Examinations.

Each applicant shall be examined in writing by the division of animal industries. Such written examination shall be given to determine the knowledge of such applicant of the practice of artificial insemination. Such examination shall consist of such questions and cover such phases of the practice as may be prescribed from time to time by the said division of animal industries.

No applicant shall be granted a license who shall fail to answer correctly seventy-five percent (75%) of all questions asked.

In addition to such written examination, the applicant shall be examined in the art and skill of artificial insemination in such manner and by such methods as shall reveal applicant’s ability to practice artificial insemination.

Should an applicant who is required to procure a license as a prerequisite for engaging in the practice of artificial insemination fail to pass the required examination, the applicant may be reexamined at any regular or special examination thereafter upon the payment of ten dollars ($10.00) reexamination fee.

History.

1945, ch. 180, § 8, p. 274; am. 1974, ch. 18, § 142, p. 364.

§ 25-809. Licenses — Issuance, renewals and reinstatement.

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

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

History.

1945, ch. 180, § 9, p. 274; am. 1974, ch. 18, § 143, p. 364; am. 1984, ch. 17, § 2, p. 19.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” near the end of the first paragraph and near the beginning of the second paragraph refers to S.L. 1945, ch. 180, which is compiled as§§ 25-801 to 25-813.

§ 25-810. Refusal, revocation or suspension of license.

The division of animal industries may either refuse to issue, or refuse to review, or suspend or revoke any license upon any of the following grounds:

  1. a. Fraud or deception in procuring the license.
  2. b. The publication or use of any untruthful or improper statements or representations with the view of deceiving or defrauding the public or any client or customer in connection with the practice of artificial insemination.
  3. c. The conviction of a felony as shown by a certified copy of the record of the court of conviction.
  4. d. Habitual intemperance in the use of intoxicating liquors, or habitual addiction to the use of morphine, cocaine, or other habit forming drugs.
  5. e. Immoral, unprofessional or dishonorable conduct manifestly disqualifying the licensee for practicing artificial insemination.
  6. f. Gross malpractice.
  7. g. Continued practice by a person knowingly having an infectious or contagious disease communicable to domestic animals.

The division may neither refuse to issue, nor refuse to renew, nor suspend nor revoke any license, however, for any such cause, unless the person accused has been given at least twenty (20) days notice in writing of the charge against him, and a public hearing by the division is first had.

Upon the hearing of any such proceeding the administrator may administer oaths and may procure, by subpoena of the division of animal industries, the attendance of witnesses and the production of relevant books and papers.

Any district court, or any judge of a district court, either in terms or in vacation, upon the application of the division may, by order duly entered require the attendance of witnesses and the production of relevant books and papers before the said division in any hearing relating to the refusal, suspension or revocation of license hereunder. Upon refusal or neglect to obey the order of the court or the said judge, the court or judge may compel, by proceedings for contempt of court, obedience of its or his order.

History.

1945, ch. 180, § 10, p. 274; a.m. 1974, ch. 18, § 144, p. 364.

STATUTORY NOTES

Cross References.

Contempt proceedings,§ 7-601 et seq.

§ 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.

1945, ch. 180, § 11, p. 274; am. 1974, ch. 18, § 145, p. 364.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” at the end of the section refers to S.L. 1945, ch. 180, which is compiled as§§ 25-801 to 25-813.

§ 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.

1945, ch. 180, § 12, p. 274; am. 1974, ch. 18, § 146, p. 364.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” near the end of the section refers to S.L. 1945, ch. 180, which is compiled as§§ 25-801 to 25-813.

Effective Dates.

Section 263 of S.L. 1974, ch. 18 provided the act should take effect on and after July 1, 1974.

§ 25-813. Unlawful practice a misdemeanor.

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

History.

1945, ch. 180, § 13, p. 274.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

Compiler’s Notes.

The term “this act” near the end of this section refers to S.L. 1945, ch. 180, which is compiled as§§ 25-801 to 25-813.

Chapter 9 TAYLOR GRAZING ACT PREFERENCES

Sec.

§ 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.

I.C.,§ 25-901, as added by 1998, ch. 345, § 1, p. 1095.

STATUTORY NOTES

Prior Laws.

Former Chapter 9, which comprised 1875, p. 110, §§ 1 to 3; am. R.S.,§§ 1210-1212; reen. R.C. & C.L., §§ 1217 to 1219; C.S.,§§ 1908-1910; I.C.A.,§§ 24-801 to 24-803, was repealed by S.L. 1982, ch. 31, § 1.

Federal References.

The Taylor Grazing Act of 1931, referred to in this section, is codified at 43 U.S.C. § 315 et seq.

RESEARCH REFERENCES

Idaho Law Review.

Idaho Law Review. — Freedom Versus Forage: Balancing Wild Horses and Livestock Grazing on the Public Lands, Mara Hurwitt. 53 Idaho L. Rev. 425 (2017).

A.L.R.

A.L.R. — Construction and application of Taylor Grazing Act (43 U.S.C.. § 315 et seq.) and regulations promulgated thereunder. 71 A.L.R. Fed. 2d 197.

§ 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.

I.C.,§ 25-902, as added by 1998, ch. 345, § 1, p. 1095.

STATUTORY NOTES

Prior Laws.

Former§ 25-902 was repealed. See Prior Laws,§ 25-901.

RESEARCH REFERENCES

Idaho Law Review.

Idaho Law Review. — Freedom Versus Forage: Balancing Wild Horses and Livestock Grazing on the Public Lands, Mara Hurwitt. 53 Idaho L. Rev. 425 (2017).

A.L.R.

A.L.R. — Construction and application of Taylor Grazing Act (43 U.S.C. § 315 et seq.) and regulations promulgated thereunder. 71 A.L.R. Fed. 2d 197.

§ 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.

I.C.,§ 25-903, as added by 1998, ch. 345, § 1, p. 1095.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

Prior Laws.

Former§ 25-903 was repealed. See Prior Laws,§ 25-901.

RESEARCH REFERENCES

Idaho Law Review.

Idaho Law Review. — Freedom Versus Forage: Balancing Wild Horses and Livestock Grazing on the Public Lands, Mara Hurwitt. 53 Idaho L. Rev. 425 (2017).

A.L.R.

A.L.R. — Construction and application of Taylor Grazing Act (43 U.S.C. § 315 et seq.) and regulations promulgated thereunder. 71 A.L.R. Fed. 2d 197.

Chapter 10 LIABILITIES OF STOCK RANCHERS

Sec.

§ 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.

1872, p. 58, § 1; am. R.S., § 1230; reen. R.C. & C.L., § 1221; C.S., § 1914; I.C.A.,§ 24-901.

§ 25-1002. Duties and liability.

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

History.

1872, p. 58, § 2; am. R.S., § 1231; reen. R.C. & C.L., § 1222; C.S., § 1915; I.C.A.,§ 24-902.

§ 25-1003. Forfeiture of fees.

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

History.

1872, p. 58, § 3; am. R.S., § 1232; reen. R.C. & C.L., § 1223; C.S., § 1916; I.C.A.,§ 24-903.

§ 25-1004. Stock rancher ranging stock on lands of another a misdemeanor — Prima facie evidence.

It shall constitute a misdemeanor for any stock rancher, as defined in this act, having charge of horses or other stock to herd, move, drive, or range the same or permit or suffer them to be herded, moved, driven, or ranged on the land or possessory claims of another person. Proof that such stock rancher did herd, move, or range such stock on such land or possessory rights is prima facie evidence of guilt, unless the evidence produced on the trial shows that the accused acted diligently and in good faith and with an innocent purpose to prevent such trespassing.

History.

I.C.A.,§ 24-904, as added by 1941, ch. 61, § 1, p. 122.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

Compiler’s Notes.

The term “this act” in the first sentence refers to S.L. 1941, ch. 61, which is compiled as this section.

Chapter 11 STATE BRAND BOARD

Sec.

§ 25-1101. Definitions.

As used in this chapter, and elsewhere in the Idaho Code where applicable:

“Livestock” means any cattle, horses, mules or asses.

“Transportation” means the movement of livestock in any manner.

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

“Brand” means one, either, or both of the following:

  1. An identification mark, device or document prescribed by rules of the board that cannot be switched from one (1) animal to another without destruction or disfigurement of the mark, device or document. Any such mark or device, except for the location in or on the animal, shall be subject to the same restrictions, requirements, inspections, fees and penalties as the permanent identification marks described in the following paragraph (2).
  2. An identification mark that is permanently affixed into the hide of a live animal on either side in any one of three (3) locations, the shoulder, ribs, or hip. The brand may be applied on the hide by either a hot iron, or as a freeze brand which involves applying intense cold to the skin of the live animal to change the color of the hair on the skin to create a clear brand. An acid brand means any such mark or brand that has been applied by the use of a chemical compound and when so used causes a scarlike tissue to form on the hide of a live animal. Acid brands are not valid for any type of brand inspection.
  3. A seasonal grazing certificate good only for moving livestock from this state to another state for grazing, and to return some or all of that livestock to this state. The certificate shall be issued without charge if the brand inspector determines that an inspection of the animals is not necessary. If an inspection is made, the certificate shall be issued at one-half (½) the usual brand inspection fee, and the provisions of sections 25-232, 25-2505 and 25-2907, Idaho Code, shall not apply.
  4. A lifetime ownership and transportation certificate which is valid only for horses, mules or asses, and which authorizes the owner to transport the horses, mules or asses within and without the state. A lifetime ownership and transportation certificate may be used for the sale or transfer of an ownership interest in horses, mules or asses, but immediately upon a change of ownership interest, the new owner must apply to the brand board for a new lifetime ownership and transportation certificate, and pay the required fees. “Livestock auction sale,” for the purpose of charging and collecting the minimum inspection fee of fifty dollars ($50.00) required by section 25-1160, Idaho Code, means and includes all public livestock markets chartered under the provisions of chapter 17, title 25, Idaho Code; means and includes any dispersal sale of livestock by a farmer, dairyman, breeder or feeder of livestock subject to brand inspection; and means and includes any sale of livestock by an association of breeders of livestock subject to brand inspection. The state brand board may, by regulation, include other private or public operations at which livestock subject to brand inspection is offered for sale within such definition.

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

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

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

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

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

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

History.

I.C.,§ 25-1401, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 2, p. 111; am. 1991, ch. 71, § 1, p. 174.

STATUTORY NOTES

Cross References.

Brand inspection,§ 25-1736.

State brand board,§ 25-1102.

Stock grower’s brands,§§ 25-1140 to 25-1148.

Prior Laws.

Another former§ 25-1401, which comprised S.L. 1905, p. 369, § 4; R.C., § 1249; am. 1917, ch. 101, § 4, p. 376; C.L., § 1249; C.S., § 1942; I.C.A.,§ 24-1204; 1947, ch. 71, § 3, p. 113; 1971, ch. 120, § 1, p. 404, was repealed by S.L. 1973, ch. 168, § 22.

Compiler’s Notes.

This section was formerly compiled as§ 25-1401.

Former§ 25-1101 was amended and redesignated as§ 25-1102 by § 3 of S.L. 1988, ch. 75.

Section 19 of S.L. 1973, ch. 168 read: “Sections 19 and 20 of this act are a comprehensive recodification of chapters 14 and 15, title 25, Idaho Code, relating to inspection of brands.”

§ 25-1102. Board created — Membership and organization.

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

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

History.

1943, ch. 70, § 1, p. 147; am. 1947, ch. 88, § 1, p. 149; am. 1969, ch. 5, § 1, p. 13; am. 1971, ch. 136, § 14, p. 522; am. 1974, ch. 27, § 75, p. 811; am. 1974, ch. 185, § 1, p. 1489; am. 1977, ch. 183, § 1, p. 510; am. 1980, ch. 247, § 22, p. 582; am. 1984, ch. 48, § 1, p. 88; am. and redesig. 1988, ch. 75, § 3, p. 111; am. 1991, ch. 12, § 1, p. 28; am. 2000, ch. 469, § 75, p. 1450.

STATUTORY NOTES

Cross References.

Collection of cattle, horse and mule fee by state brand inspector,§ 25-232.

Sheriff to cooperate with Idaho state police in enforcement of brand inspection laws,§ 31-2202.

State brand inspector,§ 25-1103.

Stock growers’ brands,§§ 25-1140 to 25-1148.

Compiler’s Notes.

This section was formerly compiled as§ 25-1101.

Former§ 25-1102 was amended and redesignated as§ 25-1103 by § 4 of S.L. 1988, ch. 75.

For further information on the Idaho cattle association, see http://www.idahocattle.org/ .

For further information on the Idaho dairymen’s association, see http://www.idaho dairymens.org/ .

Effective Dates.

Section 196 of S.L. 1974, ch. 27 provided the act should take effect on and after July 1, 1974.

Section 2 of S.L. 1974, ch. 185 provided the act should take effect on and after July 2, 1974.

Section 2 of S.L. 1984, ch. 48 provided that the act should take effect January 1, 1985.

CASE NOTES

Cited

Seward v. State Brand Div., 75 Idaho 467, 274 P.2d 993 (1954).

§ 25-1103. State brand inspector — Appointment, salary, bond.

The state board shall appoint the state brand inspector who shall be a nonclassified state employee and who shall serve at the pleasure of such board and the salary of such officer shall be fixed by such board within the limits of any appropriation available therefor.

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

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

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

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

History.

1943, ch. 70, § 2, p. 147; am. 1947, ch. 88, § 2, p. 149; am. 1971, ch. 136, § 15, p. 522; am. and redesig. 1988, ch. 75, § 4, p. 111; am. 2012, ch. 27, § 1, p. 84.

STATUTORY NOTES

Cross References.

Idaho state police,§ 67-2901 et seq.

Amendments.

The 2012 amendment, by ch. 27, added the last three paragraphs.

Compiler’s Notes.

This section was formerly compiled as§ 25-1102.

Former§ 25-1103 was redesignated as§ 25-1104 by § 5 of S.L. 1988, ch. 75.

CASE NOTES

Deputy Brand Inspector.

Deputy brand inspector had no power or authority to employ livestock trucker to help him inspect brands. Seward v. State Brand Div., 75 Idaho 467, 274 P.2d 993 (1954).

Independent livestock trucker who was injured while gratuitously and voluntarily aiding deputy brand inspector inspect brands was not a servant of any one as he was self-employed and he does not come within doctrine of the loaned servant rule for the purposes of worker’s compensation act. Seward v. State Brand Div., 75 Idaho 467, 274 P.2d 993 (1954).

§ 25-1104. Officers, deputies and assistants.

The state brand inspector, with the approval of the state brand board, and within the limits of any appropriation made available for such purposes, shall appoint, fix the compensation, determine the tenure of office, and prescribe the duties and powers of four (4) district supervisors. The employment of other officers, deputies, and assistants as may be necessary for the performance of the duties of his office shall be subject to the provisions of chapter 53, title 67, Idaho Code. The state brand inspector shall station deputies and assistants in such localities as he shall deem advisable for the performance of his duties, and the sheriff and his deputies in the counties of the state may perform the duties of ex officio brand inspectors under the guidelines set forth by the state brand board and state law. When the sheriff or his deputies act in the capacity of ex officio brand inspector as provided herein, they shall collect all brand inspection fees and other fees as provided by law and remit the same to the state brand inspector. Compensation for the sheriff and his deputies when acting as ex officio brand inspectors may be fixed by contract between the state brand board and the sheriff in accordance with section 31-3101, Idaho Code.

History.

1943, ch. 70, § 3, p. 147; am. 1947, ch. 88, § 3, p. 149; am. 1970, ch. 125, § 1, p. 298; am. 1983, ch. 112, § 1, p. 240; am. 1985, ch. 108, § 1, p. 211; am. and redesig. 1988, ch. 75, § 5, p. 111; am. 2001, ch. 38, § 2, p. 71.

STATUTORY NOTES

Compiler’s Notes.

This section was formerly compiled as§ 25-1103.

Former§ 25-1104 was redesignated as§ 25-1108 by § 9 of S.L. 1988, ch. 75.

Effective Dates.

Section 2 of S.L. 1983, ch. 112 declared an emergency. Approved March 30, 1983.

CASE NOTES

Cited

Seward v. State Brand Div., 75 Idaho 467, 274 P.2d 993 (1954).

§ 25-1105. Ex officio brand inspectors.

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

History.

I.C.,§ 25-1407, as added by 1973, ch. 168, § 20, p. 339; am. 1974, ch. 27, § 76, p. 811; am. and redesig. 1988, ch. 75, § 6, p. 111; am. 2000, ch. 469, § 76, p. 1450.

STATUTORY NOTES

Prior Laws.

Another former§ 25-1407, comprising I.C.A.,§ 24-1211 as added by 1933, ch. 208, § 1, p. 421, was repealed by S.L. 1973, ch. 168, § 22.

Compiler’s Notes.

This section was formerly compiled as§ 25-1407.

Former§ 25-1105 was redesignated as§ 25-1109 by § 10 of S.L. 1988, ch. 75.

Effective Dates.

Section 196 of S.L. 1974, ch. 27 provided that the act should take effect on and after July 1, 1974.

§ 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.

1943, ch. 70, § 6, p. 147; am. 1977, ch. 134, § 2, p. 289; am. and redesig. 1988, ch. 75, § 7, p. 111; am. 2000, ch. 469, § 77, p. 1450; am. 2012, ch. 27, § 2, p. 84.

STATUTORY NOTES

Cross References.

Idaho state police,§ 67-2901 et seq.

State brand inspector,§ 25-1103.

Amendments.

The 2012 amendment, by ch. 27, substituted “deputy brand inspectors” for “deputies” in the section heading and for “his deputies” in the first sentence of the first paragraph.

Compiler’s Notes.

This section was formerly compiled as§ 25-1109.

Former§ 25-1106 was amended and redesignated as§ 25-1161 by § 32 of S.L. 1988, ch. 75.

The name of the commissioner of law enforcement has been changed to the director of the department of law enforcement [now director of the Idaho state police] on the authority of S.L. 1974, ch. 286, § 1 and S.L. 1974, ch. 40, § 3.

§ 25-1106A. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1106A was amended and redesignated as§ 25-1160 by § 31 of S.L. 1988, ch. 75.

§ 25-1107. Duties of inspector.

The state brand inspector shall cooperate with the Idaho state department of agriculture, insofar as the administration and enforcement of the Packers and Stockyards Act of 1921 and all amendments thereto, and shall provide all brand inspections required insofar as said inspections are for the purpose of determination of ownership of livestock.

History.

1943, ch. 70, § 7, p. 147; am. 1973, ch. 168, § 7, p. 339; am. and redesig. 1988, ch. 75, § 8, p. 111.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101.

State brand inspector,§ 25-1103.

Federal References.

The Packers and Stockyards Act of 1921, referred to in this section, is compiled as 7 U.S.C.S. § 181 et seq.

Compiler’s Notes.

This section was formerly compiled as§ 25-1110.

Former§ 25-1107 was amended and redesignated as§ 25-1149 by § 28 of S.L. 1988, ch. 75.

§ 25-1108. Office of board.

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

History.

1947, ch. 88, § 4, p. 149; am. 1949, ch. 91, § 1, p. 161; am. 1973, ch. 168, § 1, p. 339; am. and redesig. 1988, ch. 75, § 9, p. 111.

STATUTORY NOTES

Prior Laws.

Former§ 25-1108, which comprised 1943, ch. 70, § 5, p. 147; am. 1973, ch. 168, § 6, p. 339, was repealed by S.L. 1988, ch. 75, § 1.

Compiler’s Notes.

This section was formerly compiled as§ 25-1104.

§ 25-1109. Board to audit claims and make annual report.

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

History.

1947, ch. 88, § 5, p. 149; am. 1973, ch. 168, § 2, p. 339; am. 1977, ch. 183, § 2, p. 510; am. and redesig. 1988, ch. 75, § 10, p. 111.

STATUTORY NOTES

Compiler’s Notes.

This section was formerly compiled as§ 25-1105.

Former§ 25-1109 was redesignated as§ 25-1106 by § 7 of S.L. 1988, ch. 75.

Section 10 of S.L. 1988, ch. 75 provided that “section 25-1105, Idaho Code, be, and the same is hereby amended to read as follows:” Section 25-1105 was then set out, however, the section number struck out at the beginning was§ 25-1110 and not§ 25-1105.

§ 25-1110. Brand board to make rules and regulations.

The state brand board shall be responsible for the promulgation, implementation and enforcement of all rules and regulations as adopted by the state brand board to implement and administer the requirements of this chapter. The state brand inspector shall be responsible to the state brand board for the enforcement of all rules and regulations as adopted by the state brand board. All rule making proceedings and hearings of the board shall be governed by the provisions of chapter 52, title 67, Idaho Code.

History.

I.C.,§ 25-1413, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 11, p. 111.

STATUTORY NOTES

Cross References.

State brand board,§ 25-1102.

Compiler’s Notes.

This section was formerly compiled as§ 25-1413.

Former§ 25-1110 was redesignated as§ 25-1107 by § 8 of S.L. 1988, ch. 75.

§ 25-1111. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1111 was amended and redesignated as§ 25-1120 by § 12 of S.L. 1988, ch. 75.

§ 25-1112. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1112 was amended and redesignated as§ 25-1151 by § 30 of S.L. 1988, ch. 75.

§ 25-1113 — 25-1115. Violations a misdemeanor — Separability — Construction with other acts. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised 1943, ch. 70, §§ 9, 10, p. 147; 1947, ch. 88, § 10, p. 149, were repealed by S.L. 1988, ch. 75, § 1.

§ 25-1116. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1116 was amended and redesignated as§ 25-1150 by § 29 of S.L. 1988, ch. 75.

§ 25-1117. Notices of security agreements — Contents — Satisfactions — Fees

Responsibility. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised I.C.,§ 25-1117, as added by 1981, ch. 253, § 1, p. 542; am. 1982, ch. 143, § 1, p. 402, was repealed by S.L. 1987, ch. 284, § 2.

§ 25-1118, 25-1119. [Reserved.]

  1. The state brand board shall have the authority to require brand inspection of all livestock transferred in any manner, or which shall be placed for sale with or delivered into the custody of the owners or operators of any auction, auction house, sales, ring, or commission house, or to establish proof of ownership at that point in time a living animal becomes carcass meat, it shall require brand inspection not more than ninety-six (96) hours prior to slaughtering whether for commercial purposes or for the owner’s immediate family needs, and whether said slaughtering is done by any permanently located firm, association, partnership, company, business or corporation, or if done by a mobile slaughtering service of any nature or type and shall have access to inspect animals utilized by rendering establishments, and to adopt such rules as it may prescribe to accomplish such brand inspection.
  2. The transferor of livestock shall be primarily responsible to obtain a required brand inspection. However, if the seller shall fail, after ten (10) days, to obtain a required brand inspection, the transferee of the livestock shall also be responsible to obtain a brand inspection.
  3. Any person who transfers title to any livestock to another person without first obtaining a brand inspection, and who has not previously violated this section, is guilty of an infraction. Any subsequent violation of this section is a misdemeanor.

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

History.

1947, ch. 88, § 8, p. 149; am. 1973, ch. 168, § 8, p. 339; am. and redesig. 1988, ch. 75, § 12, p. 111; am. 1996, ch. 90, § 1, p. 271; am. 1997, ch. 105, § 1, p. 246.

STATUTORY NOTES

Cross References.

Penalty for infraction,§ 18-113A.

Penalty of misdemeanor when not otherwise provided,§ 18-113.

Compiler’s Notes.

This section was formerly compiled as§ 25-1111.

Effective Dates.

Section 24 of S.L. 1973, ch. 168 provides that § 14 of the act shall be in full force and effect on and after July 1, 1974, and the remaining sections shall be in full force and effect on and after July 1, 1973.

§ 25-1121. Requirements for brand inspection — Written permit in lieu of inspection.

  1. Any person desiring to transport, remove, or drive any livestock from the boundaries of this state in any manner shall, before doing so, apply to the state brand inspector to inspect the same for marks and brands, and on such application (or without said application if said officer has knowledge of such removal) the brand inspector shall immediately inspect said livestock for brands and marks and keep an accurate record of the same with the name and residence of owner or shipper and name, sex and kind of livestock. Any person desiring an inspection pursuant to this paragraph must notify a state brand inspector or person duly authorized to accomplish the inspection. If the inspector finds that the livestock have brands that are not owned by the person claiming the same, then such person shall be required to produce a bill of sale or other satisfactory evidence of ownership. Upon proof of ownership the inspector shall give the person a certificate stating the number and kind of livestock and their marks and brands and thereupon the said person shall be permitted to transport said livestock from this state. A copy of the brand inspection certificate shall accompany the livestock to final destination.
  2. Any person desiring to transport livestock, not his own, within the boundaries of this state in any manner shall before doing so, have in his possession a written transportation permit properly completed and signed by the owner or an authorized agent of the owner of the livestock being transported or a brand inspection certificate. A copy of the written permit or brand inspection certificate shall accompany the livestock to final destination.
  3. Annual brand inspections certificates for all livestock for any purpose, other than sale or trade, may be issued by the state brand inspector or his deputies in lieu of the regularly required brand inspection or other written permits for periods of not to exceed one (1) year in duration and for a fee of not to exceed five dollars ($5.00), each as determined by regulation of the state brand board.
  4. The owner of the livestock shall pay all fees required for inspection services pursuant to this chapter, section 25-232, Idaho Code, section 25-2505, Idaho Code, and section 25-2907, Idaho Code.
  5. Any transportation of livestock in violation of this chapter is prohibited. Livestock transported in violation of this chapter shall be detained until compliance with this chapter has been made.

History.

I.C.,§ 25-1402, as added by 1973, ch. 168, § 20, p. 339; am. 1975, ch. 23, § 2, p. 36; am. 1984, ch. 6, § 1, p. 10; am. 1987, ch. 61, § 5, p. 109; am. and redesig. 1988, ch. 75, § 13, p. 111.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Compiler’s Notes.

This section was formerly compiled as§ 25-1402.

The words enclosed in parentheses so appeared in the law as enacted.

§ 25-1122. Ownership and transportation certificate.

  1. The owner or owners of any horses, mules or asses desiring to transport them within the state for any purpose other than sale or trade, may, upon request to the state brand inspector, be issued an ownership and transportation certificate, which certificate shall be issued in lieu of the required brand inspection certificate or other written permit for each horse, mule or ass to be transported.
  2. An ownership and transportation certificate may be used by the owner or owners of a horse, mule or ass for identification purposes and as prima facie proof of ownership of any animal described by such a certificate.
  3. The ownership and transportation certificate shall be valid as long as the horse, mule or ass described therein remains under the ownership of the person or persons to whom the certificate is issued.
  4. The ownership and transportation certificate of a horse, mule or ass must accompany the animal for which it is issued at all times while the animal is in transit.
  5. Each ownership and transportation certificate of a horse, mule or ass shall identify the particular animal by color, markings, sex, age and, where applicable, by brand, registration number, tattoo or other marks as provided for by regulation of the state brand board.
  6. There shall be a fee in an amount to be set by the state brand board, not to exceed seventy-five dollars ($75.00), for issuance of each ownership and transportation certificate, which fee shall be in addition to any brand inspection certificate or other written permit which may be requested by the owner or owners of a horse, mule or ass under other provisions of law.
  7. Upon any change of ownership of a horse, mule or ass for which an ownership and transportation certificate has been issued, the former owner or owners may transfer the certificate to the new owner or owners upon payment of a fee to be set by the state brand board, not to exceed seventy-five dollars ($75.00) per certificate.
  8. The state brand board may, under such terms and conditions as it deems necessary to protect ownership of horses, mules and asses, provide by regulation that ownership and transportation certificates may be used in transportation of horses, mules or asses to and from points outside of the state of Idaho, and may provide that similar certificates from other states may be used for proof of ownership of horses, mules or asses entering Idaho.

History.

I.C.,§ 25-1402A, as added by 1975, ch. 23, § 3, p. 36; am. 1987, ch. 61, § 6, p. 109; am. and redesig. 1988, ch. 75, § 14, p. 111; am. 2011, ch. 55, § 1, p. 119; am. 2019, ch. 157, § 1, p. 509.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Amendments.

The 2011 amendment, by ch. 55, substituted “thirty-five dollars ($35.00)” for “twenty-five ($25.00)” in subsections (6) and (7).

The 2019 amendment, by ch. 157, substituted “seventy-five dollars ($75.00)” for “thirty-five dollars ($35.00)” near the beginning of subsection (6) and near the end of subsection (7).

Compiler’s Notes.

This section was formerly compiled as§ 25-1402A.

Effective Dates.

Section 4 of S.L. 1975, ch. 23 provided that the act should be in full force and effect on and after June 1, 1975.

Section 7 of S.L. 1987, ch. 61 read: “An emergency existing therefor, which emergency is hereby declared to exist, section 1 of this act shall be in full force and effect on and after April 1, 1987. All other sections of this act shall be in full force and effect on and after July 1, 1987.”

§ 25-1123. Exemption from brand requirement and inspection.

A sucking calf or colt without brand, accompanying its mother in any shipment, shall be deemed to bear the same brand as its mother for the purposes of this chapter.

Any person desiring to transport any livestock from the boundaries of this state by any means for the purpose of seasonally grazing the livestock in an adjoining state, shall apply before doing so to the state brand inspector for an inspection; provided, however, that if the state brand inspector determines that an inspection is not necessary, he may issue a written permit without charge to allow such transport. If in the opinion of the state brand inspector an inspection is deemed advisable, such inspection shall be made at one-half (½) the usual brand inspection fee and the provisions of section 25-232, section 25-2505, and section 25-2907, Idaho Code, shall not apply.

History.

I.C.,§ 25-1403, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 15, p. 111.

STATUTORY NOTES

Prior Laws.

Former§ 25-1403, which comprised S.L. 1905, p. 369, § 8; R.C., § 1253; 1917, ch. 101, § 7, p. 377; C.L., § 1253; C.S., § 1945; I.C.A.,§ 24-1207; 1949, ch. 135, § 1, p. 238, was repealed by S.L. 1973, ch. 168, § 22.

Cross References.

State brand inspector,§ 25-1103.

Compiler’s Notes.

This section was formerly compiled as§ 25-1403.

§ 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.

I.C.,§ 25-1404, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 16, p. 111.

STATUTORY NOTES

Prior Laws.

Former§ 25-1404, which comprised S.L. 1905, p. 369, § 9; R.C., § 1254; S.L. 1917, ch. 101, § 8, p. 378; C.L., § 1254; I.C.A.,§ 24-1208, was repealed by S.L. 1973, ch. 168, § 22.

Compiler’s Notes.

This section was formerly compiled as§ 25-1404.

§ 25-1125. Inspection of livestock in transit — Impounding when certificate or permit erroneous.

Any livestock in transit or being transported in any manner, may be inspected at any time or place, without liability by any brand inspector of the state or by any peace officer or other person authorized by statute, who may demand of the carrier or person in charge of such livestock the certificate of inspection or written permit and he may compare the marks, brands, and description given in such documents with those of such livestock and if he shall find from such inspection that such certificate is falsely made, or is erroneous in any material respect, or that such livestock or any head thereof do not belong to the person as indicated in such document, he may, unless satisfactory proof of the ownership or right of possession of such livestock be furnished him, impound any such livestock and may take such other action against such carrier or person in charge as may be authorized by law.

History.

I.C.,§ 25-1405, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 17, p. 111.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Prior Laws.

Former§ 25-1405, which comprised I.C.A.,§ 24-1209, as added by 1933, ch. 208, § 1, p. 421; 1947, ch. 71, § 1, p. 113, was repealed by S.L. 1973, ch. 168, § 22.

Compiler’s Notes.

This section was formerly compiled as§ 25-1405.

§ 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.

I.C.,§ 25-1406, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 18, p. 111; am. 1996, ch. 90, § 2, p. 271.

STATUTORY NOTES

Prior Laws.

Former§ 25-1406, which comprised I.C.A.,§ 21-1210, as added by 1933, ch. 208, § 1, p. 421, was repealed by S.L. 1973, ch. 168, § 22.

Compiler’s Notes.

This section was formerly compiled as§ 25-1406.

§ 25-1127 — 25-1139. [Reserved.]

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.

1905, p. 352, § 2; reen. R.C. & C.L., § 1225; C.S., § 1918; I.C.A.,§ 24-1002; am. 1937, ch. 135, § 1, p. 216; am. 1951, ch. 146, § 1, p. 338; am. and redesig. 1988, ch. 75, § 19, p. 111.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Compiler’s Notes.

This section was formerly compiled as§ 25-1202.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-1141. Requirements for branding irons.

Brands shall be made by hot iron or freeze iron and shall be done in such manner to be clear and recognizable, and legible so as to enable ready identification. The major character or characters on the branding iron when applied to cattle shall be not less than three and one-half (3 ½) inches in height, and/or three and one-half (3 ½) inches in length, width or diameter. The major character or characters on the branding iron when applied to horses, mules and asses shall be not less than two (2) inches in height, and/or two (2) inches in length, width or diameter. Brands made in any other manner or size not permitted by this section shall be invalid and will not be recorded. All brands presently recorded at the effective date of this act shall be valid brands, but provided further that upon renewal of such brands, then and in that event such brands must comply with this chapter. Brands for sheep shall not be subject to the height, length, width or diameter limitations imposed by this section, but shall be of such height, length, width or diameter as prescribed by the state brand board, and brands for sheep shall not be subject to the hot iron or freeze iron limitations imposed by this section for cattle, horses, mules and asses.

History.

I.C.,§ 25-1202A, as added by 1973, ch. 168, § 10, p. 339; am. and redesig. 1988, ch. 75, § 20, p. 111.

STATUTORY NOTES

Compiler’s Notes.

This section was formerly compiled as§ 25-1202A.

The phrase “the effective date of this act” in the fifth sentence refers to the effective date of S.L. 1973, Chapter 168, which was effective July 1, 1973.

§ 25-1142. Sheep owners to use brands — Use of earmarks — Use of nose brands and tattoo brands — Unrecorded brands.

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

History.

1905, p. 352, § 3; reen. R.C., § 1226; am. 1911, ch. 217, § 1, p. 696; reen. C.L., § 1226; C.S., § 1919; I.C.A.,§ 24-1003; am. 1949, ch. 46, § 1, p. 81; am. 1973, ch. 168, § 11, p. 339; am. and redesig. 1988, ch. 75, § 21, p. 111.

STATUTORY NOTES

Compiler’s Notes.

This section was formerly compiled as§ 25-1203.

§ 25-1143. Brands to be recorded.

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

History.

1905, p. 352, § 5, and parts of §§ 6, 7; compiled and reen. R.C., § 1228; am. 1911, ch. 217, § 2, p. 696; am. 1913, ch. 171, p. 543; reen. C.L., § 1228; C.S., § 1920; I.C.A.,§ 24-1004; am. 1973, ch. 168, § 12, p. 339; am. and redesig. 1988, ch. 75, § 22, p. 111.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Compiler’s Notes.

This section was formerly compiled as§ 25-1204.

CASE NOTES

Brand as Bearing Notice of Ownership.

Where the livestock sold by the defendant was branded, and the brand was duly registered and filed in the department of agriculture as plaintiff’s brand, the defendant had “notice” of the plaintiff’s ownership of the livestock having such brand. Radermacher v. Daniels, 64 Idaho 376, 133 P.2d 713 (1943).

Evidence.

There is nothing in this section to prevent introduction of evidence of unrecorded brand as matter of identification and not of ownership. State v. Grimmett, 33 Idaho 203, 193 P. 380 (1920).

Parol Evidence.

Parol evidence is inadmissible to prove ownership of a stock brand. State v. Dunn, 13 Idaho 9, 88 P. 235 (1907).

Prima Facie Evidence.

Even though cattle may be branded with another person’s brand this section only states that a recorded brand is prima facie evidence of ownership of livestock. It does not preclude a party from rebutting this evidence of ownership and asserting an interest in the cattle. Fisher v. Fisher, 104 Idaho 68, 656 P.2d 129 (1982).

Testimony.

Testimony as to understanding between brothers with reference to cattle branded in certain way was inadmissible as attempt to prove ownership by brand not established. Servel v. Corbett, 49 Idaho 536, 290 P. 200 (1930).

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 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 which 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 and 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 fifty dollars ($50.00) 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 he shall be paid a reasonable fee as determined by the state brand board not to exceed one dollar and fifty cents ($1.50) for the additional certified copies: provided, further, that 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.

History.

1905, p. 352, § 8; compiled and reen. R.C., § 1229; C.L., § 1229; C.S., § 1921; I.C.A.,§ 24-1005; am. 1933, ch. 173, § 1, p. 314; am. 1937, ch. 135, § 2, p. 216; am. 1949, ch. 160, § 1, p. 346; am. 1951, ch. 108, § 1, p. 253; am. 1973, ch. 168, § 13, p. 339; am. 1974, ch. 47, § 1, p. 1093; am. 1987, ch. 61, § 2, p. 109; am. and redesig. 1988, ch. 75, § 23, p. 111; am. 1994, ch. 101, § 1, p. 229; am. 2000, ch. 79, § 1, p. 166.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Compiler’s Notes.

This section was formerly compiled as§ 25-1205.

Effective Dates.

Section 3 of S.L. 2000, ch. 79 declared an emergency. Approved March 29, 2000.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 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 one hundred twenty-five dollars ($125), twenty-five dollars ($25.00) of which shall be considered a wolf control assessment pursuant to section 22-5306, Idaho Code, and 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 a reasonable fee as determined by the state brand board not to exceed one dollar and fifty cents ($1.50) for the additional certified copy. 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.

1919, ch. 116, § 2, p. 403; C.S., § 1923; I.C.A.,§ 24-1007; am. 1933, ch. 173, § 2, p. 314; am. 1937, ch. 135, § 4, p. 216; am. 1939, ch. 78, § 1, p. 135; am. 1949, ch. 160, § 2, p. 346; am. 1955, ch. 31, § 1, p. 50; am. 1973, ch. 168, § 14, p. 339; am. 1974, ch. 47, § 2, p. 1093; am. 1987, ch. 61, § 3, p. 109; am. and redesig. 1988, ch. 75, § 24, p. 111; am. 1994, ch. 101, § 2, p. 229; am. 2006, ch. 198, § 1, p. 613; am. 2011, ch. 55, § 2, p. 119; am. 2014, ch. 188, § 6, p. 500; am. 2018, ch. 217, § 3, p. 489; am. 2019, ch. 37, § 3, p. 103.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Amendments.

The 2006 amendment, by ch. 198, substituted “seventy-five dollars ($75.00)” for “fifty dollars ($50.00)” in subsection (1).

The 2011 amendment, by ch. 55, in subsection (1), substituted “July 1, 2011” for “July 1, 1995” near the beginning of the first sentence and substituted “one hundred dollars ($100)” for “seventy-five dollars ($75.00)” near the beginning of the second sentence. The 2014 amendment, by ch. 188, in the second sentence in subsection (1), substituted “one hundred twenty-five dollars ($125)” for “one hundred dollars ($100)”, and inserted “and from the effective date of this act through June 30, 2019, twenty-five dollars ($25.00) of which shall be considered a wolf control assessment pursuant to section 22-5306, Idaho Code”.

The 2018 amendment, by ch. 217, substituted “effective date of this act through June 30, 2020” for “effective date of this act through June 30, 2019” near the beginning of the second sentence in subsection (1).

The 2019 amendment, by ch. 37, deleted “and from the effective date of this act through June 30, 2020” preceding “twenty-five dollars ($25.00)” near the beginning of the second sentence in subsection (1).

Legislative Intent.

Section 1 of S.L. 2014, ch. 188 provided: “Legislative Intent. The Legislature finds that additional financial resources are needed to help continue in the implementation of Idaho’s wolf management plan. It is the intent of the Legislature to establish a governing board to provide funds for the management and control of depredating wolves in Idaho.”

Compiler’s Notes.

This section was formerly compiled as§ 25-1207.

Section 7 of S.L. 2014, ch. 188 provided: “Nonseverability. If any section or provision of this act shall be adjudged unconstitutional or invalid for any reason, then such invalidity or unconstitutionality shall invalidate this act in its entirety and to this end and in this event the provisions of this act are declared to be nonseverable.”

Effective Dates.

Section 5 of S.L. 1933, ch. 173 declared an emergency. Approved March 11, 1933.

Section 24 of S.L. 1973, ch. 168 provided that section 14 of the act shall be in full force and effect on and after July 1, 1974, and the remaining sections shall be in full force and effect on and after July 1, 1973.

Section 3 of S.L. 1974, ch. 47 read: “Section 2 of this act shall be in full force and effect on and after July 1, 1974, except that the brand board may take all necessary actions prior to July 1, 1974, including hearings and adoption of rules and regulations required to effect the purposes of such section on July 1, 1974.”

Section 8 of S.L. 2014, ch. 188 declared an emergency. Approved March 26, 2014.

§ 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 fifty dollars ($50.00).

History.

1905, p. 352, § 11; reen. R.C., § 1231; am. 1911, ch. 217, § 5, p. 697; reen. C.L., § 1231; C.S., § 1924; I.C.A.,§ 24-1008; am. 1937, ch. 135, § 5, p. 216; am. 1949, ch. 160, § 3, p. 346; am. 1951, ch. 108, § 3, p. 253; am. 1973, ch. 168, § 15, p. 339; am. 1987, ch. 61, § 4, p. 109; am. and redesig. 1988, ch. 75, § 25, p. 111; am. 2000, ch. 79, § 2, p. 166; am. 2011, ch. 55, § 3, p. 119.

STATUTORY NOTES

Cross References.

Introduction of certified copies of instruments affecting real estate,§ 9-410.

State brand inspector,§ 25-1103.

Amendments.

The 2011 amendment, by ch. 55, substituted “fifty dollars ($50.00)” for “twenty-five dollars ($25.00)” at the end of the section.

Compiler’s Notes.

This section was formerly compiled as§ 25-1208.

Effective Dates.

Section 7 of S.L. 1987, ch. 61 read: “An emergency existing therefor, which emergency is hereby declared to exist, section 1 of this act shall be in full force and effect on and after April 1, 1987. All other sections of this act shall be in full force and effect on and after July 1, 1987.” Section 3 of S.L. 2000, ch. 79 declared an emergency. Approved March 29, 2000.

RESEARCH REFERENCES

C.J.S.

§ 25-1147. Conflicting brands.

In deciding as to conflicts of brands, the state brand inspector shall reject any brand being the same as one previously recorded in the same place on any animal; it shall also reject all brands known as solid brands and the window sash brand. A variation in the size of a letter, number or figure shall not constitute a new brand and shall be rejected. Combinations of letters, numbers or figures may be permitted, though the same letter, number or figure may have been recorded singly or together, if in the judgment of the state brand inspector, said combination is so different from any previous record as to constitute a new brand with no danger of infringement. The inspector shall have the right to reject any brand that may in his judgment endanger infringement of the previously recorded brand.

History.

1905, p. 352, § 12; reen. R.C., § 1232; am. 1911, ch. 217, § 6, p. 697; reen. C.L., § 1232; C.S., § 1925; I.C.A.,§ 24-1009; am. 1973, ch. 168, § 16, p. 339; am. and redesig. 1988, ch. 75, § 26, p. 111.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Compiler’s Notes.

This section was formerly compiled as§ 25-1209.

§ 25-1148. Brand book.

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

History.

1905, p. 352, § 13; am. R.C., § 1233; am. 1911, ch. 217, § 7, p. 698; reen. C.L., § 1233; am. 1919, ch. 116, § 3, p. 403; C.S., § 1926; I.C.A.,§ 24-1010; am. 1937, ch. 135, § 6, p. 216; am. 1943, ch. 59, § 1, p. 126; am. 1949, ch. 160, § 4, p. 346; am. 1973, ch. 168, § 17, p. 339; am. and redesig. 1988, ch. 75, § 27, p. 111.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Compiler’s Notes.

This section was formerly compiled as§ 25-1210.

§ 25-1149. Disposition of recording fees.

All fees received for the recording and renewal of brands under the provisions of chapter 11, title 25, Idaho Code, shall be credited to the brand recording account, which the state controller is authorized and directed to establish in the agency asset fund in the state treasury. All interest earned from investment of moneys in the brand recording account shall accrue to the account.

History.

1943, ch. 70, § 4, p. 147; am. 1945, ch. 128, § 1, p. 195; am. 1947, ch. 88, § 7, p. 149; am. 1973, ch. 168, § 5, p. 339; am. 1977, ch. 183, § 5, p. 510; am. and redesig. 1988, ch. 75, § 28, p. 111; am. 1994, ch. 180, § 38, p. 420.

STATUTORY NOTES

Cross References.

State controller,§ 67-2001 et seq.

Compiler’s Notes.

This section was formerly compiled as§ 25-1107.

Effective Dates.

Section 6 of S.L. 1977, ch. 183 provided that the act should take effect on and after July 1, 1977.

Section 241 of S.L. 1994, ch. 180 provided that such act should become effective on and after the first Monday in January, 1995, if the amendment to the Constitution of Idaho changing the name of the state auditor to state controller [1994 S.J.R. No. 109, p. 1493] was adopted at the general election held on November 8, 1994. Since such amendment was adopted, the amendment to this section by § 38 of S.L. 1994, ch. 180 became effective January 2, 1995.

§ 25-1150. Brand recordings open to public — Evidence.

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

History.

1905, p. 369, § 6; reen. R.C., § 1252; am. 1917, ch. 101, § 6, p. 377; reen. C.L., § 1252; C.S., § 1944; I.C.A.,§ 24-1206; am. and redesig. 1988, ch. 75, § 29, p. 111; am. 1996, ch. 90, § 3, p. 271.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Compiler’s Notes.

This section was formerly compiled as§ 25-1116.

§ 25-1151. Deceptive and infringing brands — Prevention of use.

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

History.

1947, ch. 88, § 9, p. 149; am. and redesig. 1988, ch. 75, § 30, p. 111.

STATUTORY NOTES

Compiler’s Notes.

This section was formerly compiled as§ 25-1112.

§ 25-1152 — 25-1159. [Reserved.]

  1. The maximum fee which shall be charged by the state brand inspector and his deputies for brand inspection shall be:
    1. One dollar and twenty-five cents ($1.25) for each head of cattle;
    2. Ten dollars ($10.00) for each head of horses, mules, and asses.
  2. A minimum fee of twenty dollars ($20.00) shall be charged by the state brand inspector and his deputies 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. 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 fifty dollars ($50.00) 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:
    1. Eighteen dollars ($18.00) per hour for each hour that each brand inspector spends engaged in the performance of brand inspection services at the livestock auction sale;
    2. 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.
  5. The state brand board may adopt a schedule or schedules of fees that are below the maximum fees and may adjust such schedule or schedules from time to time whenever such board finds that the cost of administering and enforcing the laws of the state of Idaho for brand inspection of livestock can be maintained with such below-maximum fees. 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 beyond the border of the state of Idaho 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 eighteen dollars ($18.00) 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 thirty-six dollars ($36.00) per day, or the hourly inspection fees, whichever is greater.

The minimum fee, not including mileage, shall be the actual hours worked, or thirty-six dollars ($36.00) per day, or the inspection fees as set forth in subsection (1) of this section, whichever is greater.

History.

I.C.,§ 25-1106A, as added by 1959, ch. 91, § 1, p. 203; am. 1969, ch. 190, § 1, p. 559; am. 1973, ch. 168, § 4, p. 339; am. 1975, ch. 23, § 1, p. 36; am. 1976, ch. 180, § 1, p. 652; am. 1977, ch. 183, § 4, p. 510; am. 1987, ch. 61, § 1, p. 109; am. and redesig. 1988, ch. 75, § 31, p. 111; am. 1993, ch. 122, § 1, p. 311; am. 1997, ch. 105, § 2, p. 246; am. 2000, ch. 80, § 1, p. 168; am. 2006, ch. 198, § 2, p. 613; am. 2019, ch. 157, § 2, p. 509.

STATUTORY NOTES

Cross References.

State board of examiners,§ 67-2001 et seq.

State brand account,§ 25-1161.

State brand inspector,§ 25-1103.

Amendments.

The 2006 amendment, by ch. 198, substituted “One dollar and twenty-five cents ($1.25)” for “One dollar ($1.00)” at the beginning of subsection (1)(a); and substituted “twenty dollars ($20.00)” for “ten dollars ($10.00)” in subsection (2).

The 2019 amendment, by ch. 157, substituted “Ten dollars ($10.00)” for “One dollar and fifty cents ($1.50)” in paragraph (1)(b); and added the last two sentences in subsection (2).

Compiler’s Notes.

This section was formerly compiled as§ 25-1106A.

Effective Dates.

Section 4 of S.L. 1975, ch. 23 provided that the act should take effect on and after June 1, 1975.

Section 3 of S.L. 1976, ch. 180 declared as emergency. Approved March 19, 1976.

Section 7 of S.L. 1987, ch. 61 read: “An emergency existing therefor, which emergency is hereby declared to exist, section 1 of this act shall be in full force and effect on and after April 1, 1987. All other sections of this act shall be in full force and effect on and after July 1, 1987.”

§ 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 chapter 11, title 25, Idaho Code, shall be deposited in the state treasury and kept in a special and separate account in the dedicated fund to be known as the “state brand account”; said account is hereby 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 which 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, and said account is hereby declared to be a continuing account.

History.

1947, ch. 88, § 6, p. 149; am. 1973, ch. 168, § 3, p. 339; am. 1977, ch. 183, § 3, p. 510; am. and redesig. 1988, ch. 75, § 32, p. 111.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Compiler’s Notes.

This section was formerly compiled as§ 25-1106.

§ 25-1162 — 25-1169. [Reserved.]

Any transportation of livestock in this state which originates in another state, and which complies with the brand inspection laws of such state requisite to such transportation, shall be deemed for all purposes to be in compliance with the state brand inspection laws of this state.

History.

I.C.,§ 25-1409, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 33, p. 111.

STATUTORY NOTES

Compiler’s Notes.

This section was formerly compiled as§ 25-1409.

§ 25-1171. Impoundment of vehicles used in transporting stolen livestock.

The use of any vehicle for the transportation of any stolen livestock or the products thereof, shall be unlawful and such vehicle shall be forfeited to and confiscated by the state. Any such vehicle so used in transporting such stolen livestock shall be seized without warrant by the sheriff of the county where such vehicle is found and sold by him at public auction and the proceeds of such sale paid to the county treasurer to be deposited in the current expense fund of the county; provided, however, that no such sale shall be made until ten (10) days notice thereof shall have been given the person in whose custody such vehicle is found, and notice given to the registered owner of said vehicle, nor in the event, if within such period the owner of such vehicle or the person entitled to the possession thereof shall commence an action in prohibition or injunction against the sheriff to restrain such sale, until after the termination of such proceedings; and provided, further, that such vehicle shall not be confiscated or subject to the forfeiture if the same be a stolen vehicle or loaned vehicle at the time it is used for such unlawful transportation and the owner thereof is not in collusion with the party or parties guilty of the theft.

History.

I.C.,§ 25-1408, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 34, p. 111.

STATUTORY NOTES

Prior Laws.

Former§ 25-1408, which comprised I.C.A.,§ 24-1212, as added by 1933, ch. 208, § 1, p. 421, was repealed by S.L. 1973, ch. 168, § 22.

Compiler’s Notes.

This section was formerly compiled as§ 25-1408.

§ 25-1172. Impoundment of livestock if no satisfactory evidence of ownership.

Livestock which shall be found by any brand inspector, deputy brand inspector or peace officer of the state in the possession of any person who shall be unable to furnish to such inspector or peace officer, upon request therefor, satisfactory evidence of the ownership of such livestock or the right to possession thereof, may be taken into the possession of such inspector or peace officer and detained by him without liability, and at the expense of the owner thereof, until the ownership of such livestock shall be established. No livestock shall be released to the owner thereof until all costs and expenses of detaining said livestock have been paid. If the ownership of any such livestock shall not be established within ten (10) days from the time such inspector or other officer shall take the same into possession, such inspector or other officer may have such livestock sold at public sale in any auction house or sales ring at which livestock of this nature are customarily sold and the costs of sale and the costs of keeping the livestock before the sale thereof shall be paid from the sale proceeds and the balance of such proceeds shall be paid to the treasurer of the state of Idaho for deposit in the unclaimed livestock proceeds account.

In the event any such livestock shall be delivered to any sales ring, slaughter facility or auction house for sale prior to the time that possession thereof shall be taken by an officer, then the officer may permit the sale of such livestock at such auction house, slaughter facility or sales ring and impound the proceeds from the sale thereof until the ownership of such proceeds shall be established.

History.

I.C.,§ 25-1410, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 35, p. 111; am. 1992, ch. 65, § 1, p. 198.

STATUTORY NOTES

Cross References.

Unclaimed livestock proceeds account,§ 25-1173.

Compiler’s Notes.

This section was formerly compiled as§ 25-1410.

§ 25-1173. Unclaimed livestock proceeds account.

There is hereby created in the state treasury an account to be known as the unclaimed livestock proceeds account which shall consist of all money directed by law to be placed therein. The account is appropriated for paying and satisfying such claims as may be allowed against the account by virtue of any law of the state of Idaho. All proceeds from the sale of livestock as provided by section 25-1172, Idaho Code, remaining after payment of the costs of keeping the livestock and the costs of sale, shall be paid to the state treasurer and shall be deposited into the account. All moneys which shall hereafter be impounded under the provisions of section 25-1172, Idaho Code, to which ownership shall not be established within sixty (60) days after the sale of the livestock from which such proceeds shall be received, shall be paid to the state treasurer and shall be deposited into the account.

History.

I.C.,§ 25-1411, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 36, p. 111.

STATUTORY NOTES

Cross References.

State treasurer,§ 67-1201 et seq.

Prior Laws.

Former§ 25-1411, which comprised I.C.A.,§ 24-1215, as added by 1937, ch. 137, § 1, p. 220, was repealed by S.L. 1973, ch. 168, § 22.

Compiler’s Notes.

This section was formerly compiled as§ 25-1411.

§ 25-1174. Hearing for claims to livestock proceeds account.

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

History.

I.C.,§ 25-1412, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 37, p. 111; am. 1994, ch. 180, § 39, p. 420; am. 2012, ch. 151, § 1, p. 421.

STATUTORY NOTES

Cross References.

State board of education,§ 33-101 et seq.

State brand inspector,§ 25-1103.

State controller,§ 67-2001 et seq.

State treasurer,§ 67-1201 et seq.

Unclaimed livestock proceeds account,§ 25-1173.

Prior Laws.

Former§ 25-1412, which comprised I.C.A.,§ 24-1216 as added by 1937, ch. 137, § 1, p. 220, was repealed by S.L. 1973, ch. 168, § 22.

Amendments.
Compiler’s Notes.

This section was formerly compiled as§ 25-1412.

For more on the Idaho cattle foundation, inc., see http://www.idahocattlefounda- tion.org .

Effective Dates.

Section 241 of S.L. 1994, ch. 180 provided that such act should become effective on and after the first Monday in January, 1995 [January 2, 1995] if the amendment to the Constitution of Idaho changing the name of the state auditor to state controller [1994 S.J.R. No. 109, p. 1493] was adopted at the general election held on November 8, 1994. Since such amendment was adopted, the amendment to this section by § 39 of S.L. 1994, ch. 180 became effective January 2, 1995.

Section 2 of S.L. 2012, ch. 151 provided that the act should take effect on and after July 1, 2012.

§ 25-1175 — 25-1179. [Reserved.]

It shall be unlawful for any stock grower or other person in this state to change, conceal, deface, disfigure, or obliterate any brand or mark previously branded, impressed or marked on any animal or head of livestock, or put his own, or any other brand upon or over any part of any brand previously branded, upon any animal or head of livestock, and no person must mark or use any counterfeit of any brand or mark provided for in this chapter. Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

History.

1880, p. 295, § 10; am. R.S., § 1178; compiled and reen. R.C., § 1238; am. 1911, ch. 217, § 9, p. 699; reen. C.L., § 1238; C.S., § 1931; I.C.A.,§ 24-1015; am. 1937, ch. 135, § 7, p. 216; am. 1973, ch. 168, § 18, p. 339; am. and redesig. 1988, ch. 75, § 38, p. 111.

STATUTORY NOTES

Cross References.

Penalty for altering marks and brands a felony,§ 25-1901.

Penalty for misdemeanor when other penalty not provided,§ 18-113.

Compiler’s Notes.

This section was formerly compiled as§ 25-1215.

Section 23 of S.L. 1973, ch. 168 reads: “If any provision or provisions of this act shall be held to be unconstitutional, invalid or unenforceable provision or provisions shall be considered severable from the remainder of this act although contained in sections containing other provisions and shall be excluded from this act, and the fact that said provision or provisions shall be held unconstitutional, invalid or unenforceable shall in no way affect any other provision of this act although contained in the same section.”

Effective Dates.

Section 24 of S.L. 1973, ch. 168 provided that section 14 of the act shall be in full force and effect on the after July 1, 1974, and the remaining sections shall be in full force and effect on and after July 1, 1973.

RESEARCH REFERENCES

C.J.S.

§ 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. I.C.,§ 25-1415, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 39, p. 111; am. 1995, ch. 123, § 1, p. 539; am. 1996, ch. 90, § 4, p. 271; am. 1997, ch. 105, § 3, p. 246.

STATUTORY NOTES

Cross References.

Punishment for infraction,§ 18-113A.

Punishment for misdemeanor when not otherwise provided,§ 18-113.

State brand inspector,§ 25-1103.

Prior Laws.

Former§ 25-1415, which comprised 1947, ch. 72, § 1, p. 115; 1951, ch. 185, § 1, p. 396, was repealed by S.L. 1973, ch. 168, § 22.

Compiler’s Notes.

This section was formerly compiled as§ 25-1415.

Section 23 of S.L. 1973, ch. 168 reads: “If any provision or provisions of this act shall be held to be unconstitutional, invalid or unenforceable provision or provisions shall be considered severable from the remainder of this act although contained in sections containing other provisions and shall be excluded from this act, and the fact that said provision or provisions shall be held unconstitutional, invalid or unenforceable shall in no way affect any other provisions of this act although contained in the same section.”

Effective Dates.

Section 24 of S.L. 1973, ch. 168 provided that section 14 of the act shall be in full force and effect on and after July 1, 1974, and the remaining sections shall be in full force and effect on and after July 1, 1973.

CASE NOTES

Sentence Upheld.

Where defendant was convicted under this section and§ 25-221A, and where the magistrate pronounced consecutive 60-day jail terms on ten counts, but suspended all but one 60-day period and placed defendant on a two-year term of probation, and where the magistrate also pronounced a $200 fine, but suspended $100 of that amount, on each count trial court did not abuse its discretion since the sentence imposed was within the limits prescribed by statute and since defendant previously had been convicted of a brand inspection violation and he falsely denied any prior conviction during the sentencing hearing in the present case. State v. Summers, 115 Idaho 768, 769 P.2d 1140 (Ct. App. 1989) (decided under former 25-1415).

§ 25-1182. Issuance of citations and arrest of violators.

The state brand inspector, all deputy brand inspectors and all peace officers authorized by the laws of the state of Idaho to enforce brand inspection laws, are authorized and it is hereby made their duty to arrest with or without warrant any person or persons found violating any of the provisions of the brand inspection laws of the state of Idaho when detected in the act of violating such law or laws or found with livestock unlawfully in their possession at the time of such arrest. Arrests made pursuant to the brand inspection laws of the state of Idaho may be affected by:

  1. Taking the offender into custody for immediate appearance before the nearest available magistrate having jurisdiction; or,
  2. Issuing a citation to the offender to appear before a magistrate. Said citation shall bear the date, time and place for the offender’s appearance before a magistrate; the name and address of the offender, the offense charged, the approximate location where and the approximate time when the offense was committed and other such essential and descriptive information related to the offense as may be prescribed by the state brand board by rule or regulation adopted by said state brand board. The citation shall be signed by the offender notified to appear and he shall be given a copy thereof and thereupon may be released from custody. A citation shall be issued only by mutual agreement of the arresting officer and the offender as evidenced by both their signatures on said citation. Failure of the offender to appear at the time and place specified in the citation shall constitute a misdemeanor and shall be cause for issuance of a warrant for said offender’s arrest.

Whenever any person is given a written citation containing a notice to appear as hereinabove provided, the magistrate shall be a magistrate within the county where the offense charged is alleged to have been committed and who has jurisdiction of the offense, or any other magistrate in any other county with jurisdiction over the alleged offense which is agreed to be more convenient by both the officer and the offender. Whenever an offender is taken immediately before a magistrate as hereinabove provided, it shall be any magistrate within the state of Idaho who has jurisdiction of the alleged offense.

History.

I.C.,§ 25-1414, as added by 1973, ch. 168, § 20, p. 339; am. and redesig. 1988, ch. 75, § 40, p. 111.

STATUTORY NOTES

Cross References.

Punishment for misdemeanor when not otherwise provided,§ 18-113.

State brand inspector,§ 25-1103.

Prior Laws.
Compiler’s Notes.

This section was formerly compiled as§ 25-1414.

§ 25-1120. Brand inspection.

§ 25-1140. Use of brands restricted.

§ 25-1160. Brand inspection fees.

§ 25-1170. Reciprocity.

§ 25-1180. Mutilating and counterfeiting brands a misdemeanor.

Chapter 12 STOCK GROWERS’ BRANDS

Sec.

§ 25-1201. Definitions. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1905, p. 352, § 1; reen. R.C. & C.L., § 1224; C.S., § 1917; I.C.A.,§ 24-1001; am. 1973, ch. 168, § 9, p. 339, was repealed by S.L. 1988, ch. 75, § 1.

§ 25-1202. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1202 was amended and redesignated as§ 25-1140 by § 19 of S.L. 1988, ch. 75.

§ 25-1202A. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1202A was amended and redesignated as§ 25-1141 by § 20 of S.L. 1988, ch. 75.

§ 25-1203. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1203 was amended and redesignated as§ 25-1142 by § 21 of S.L. 1988, ch. 75.

§ 25-1204. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1204 was amended and redesignated as§ 25-1143 by § 22 of S.L. 1988, ch. 75.

§ 25-1205. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1205 was amended and redesignated as§ 25-1144 by § 23 of S.L. 1988, ch. 75.

§ 25-1206. Recording certified copy with county recorder. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1905, p. 352, §§ 9, 10; am. R.C., § 1230; am. 1911, ch. 217, § 4, p. 697; reen. C.L., § 1230; C.S., § 1922; I.C.A.,§ 24-1006; am. 1937, ch. 135, § 3, p. 216, was repealed by S.L. 1951, ch. 108, § 2, p. 253.

§ 25-1207. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1207 was amended and redesignated as§ 25-1145 by § 24 of S.L. 1988, ch. 75.

§ 25-1208. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1208 was amended and redesignated as§ 25-1146 by § 25 of S.L. 1988, ch. 75.

§ 25-1209. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1209 was amended and redesignated as§ 25-1147 by § 26 of S.L. 1988, ch. 75.

§ 25-1210. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1210 was amended and redesignated as§ 25-1148 by § 27 of S.L. 1988, ch. 75.

§ 25-1211. Brand as evidence of ownership. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised S.L. 1905, P. 352, § 14; reen. R.C., § 1234; am. 1911, ch. 217, § 8, p. 698; reen. C.L., § 1234; C.S., § 1927; I.C.A.,§ 24-1011, was repealed by S.L. 1973, ch. 168, § 22.

§ 25-1211a. Recorded brand or mark

Certificate. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised S.L. 1949, ch. 99, § 1, p. 174, was repealed by S.L. 1973, ch. 168, § 22.

§ 25-1212, 25-1213. Sheep owner to notify owner of strange sheep — Sale of branded animals. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised S.L. 1905, p. 352, §§ 15, 16; reen. R.C. & C.L., §§ 1235, 1236; C.S., §§ 1928, 1929; I.C.A.,§§ 24-1012, 24-1013, were repealed by S.L. 1973, ch. 168, § 22.

§ 25-1214. Partnership brands. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised S.L. 1881, p. 295, § 9; am. R.S., § 1177; reen. R.C. & C.L., § 1237; C.S., § 1930; I.C.A.,§ 20-1014, was repealed by S.L. 1973, ch. 168, § 22.

§ 25-1215. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1215 was amended and redesignated as§ 25-1180 by § 38 of S.L. 1988, ch. 75.

Chapter 13 DRIVING FROM RANGE OR HERDING LIVESTOCK

Sec.

§ 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.

1880, p. 295, § 13; am. R.S., § 1181; reen. R.C. & C.L., § 1241; am. 1919, ch. 176, § 1, p. 553; C.S., § 1934; I.C.A.,§ 24-1103; am. 1969, ch. 44, § 1, p. 122.

STATUTORY NOTES

Cross References.

Punishment for misdemeanor when not otherwise provided,§ 18-113.

RESEARCH REFERENCES

C.J.S.

§ 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.

1880, p. 295, § 14; am. R.S., § 1182; reen. R.C. & C.L., § 1242; am. 1919, ch. 176, § 2, p. 553; C.S., § 1935; I.C.A.,§ 24-1104.

STATUTORY NOTES

Cross References.

Driving stock from public highway and herding the same on occupied land a misdemeanor,§ 25-1908.

RESEARCH REFERENCES

C.J.S.

§ 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.

1880, p. 295, § 15; am. R.S., § 1183; reen. R.C. & C.L., § 1243; C.S., § 1936; I.C.A.,§ 24-1105.

STATUTORY NOTES

Cross References.

Punishment for misdemeanor when not otherwise provided,§ 18-113.

RESEARCH REFERENCES

C.J.S.

§ 25-1304. Powers and duties of brand inspector. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1881, p. 295, § 16; am. R.S., § 1184; reen. R.C. & C.L., § 1244; C.S., § 1937; I.C.A.,§ 24-1106, was repealed by S.L. 1973, ch. 168, § 22.

§ 25-1305. Penalty for violations.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor.

History.

1880, p. 295, § 17; am. R.S., § 1185; reen. R.C. & C.L., § 1245; C.S., § 1938; I.C.A.,§ 24-1107.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

Chapter 14 IDAHO INSPECTION OF BRANDS

Sec.

§ 25-1401. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1401 was amended and redesignated as§ 25-1101 by § 2 of S.L. 1988, ch. 75.

§ 25-1402. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1402 was amended and redesignated as§ 25-1121 by § 13 of S.L. 1988, ch. 75.

§ 25-1402A. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1402A was amended and redesignated as§ 25-1122 by § 14 of S.L. 1988, ch. 75.

§ 25-1403. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1403 was amended and redesignated as§ 25-1123 by § 15 of S.L. 1988, ch. 75.

§ 25-1404. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1404 was amended and redesignated as§ 25-1124 by § 16 of S.L. 1988, ch. 75.

§ 25-1405. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1405 was amended and redesignated as§ 25-1125 by § 17 of S.L. 1988, ch. 75.

§ 25-1406. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1406 was amended and redesignated as§ 25-1126 by § 18 of S.L. 1988, ch. 75.

§ 25-1407. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1407 was amended and redesignated as§ 25-1105 by § 6 of S.L. 1988, ch. 75.

§ 25-1408. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1408 was amended and redesignated as§ 25-1171 by § 34 of S.L. 1988, ch. 75.

§ 25-1409. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1409 was amended and redesignated as§ 25-1170 by § 33 of S.L. 1988, ch. 75.

§ 25-1410. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1410 was amended and redesignated as§ 25-1172 by § 35 of S.L. 1988, ch. 75.

§ 25-1411. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1411 was amended and redesignated as§ 25-1173 by § 36 of S.L. 1988, ch. 75.

§ 25-1412. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1412 was amended and redesignated as§ 25-1174 by § 37 of S.L. 1988, ch. 75.

§ 25-1413. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1413 was amended and redesignated as§ 25-1110 by § 11 of S.L. 1988, ch. 75.

§ 25-1414. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1414 was amended and redesignated as§ 25-1182 by § 40 of S.L. 1988, ch. 75.

§ 25-1415. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-1415 was amended and redesignated as§ 25-1181 by § 39 of S.L. 1988, ch. 75.

§ 25-1416. Transfer of title for livestock. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised I.C.,§ 25-1416, as added by 1977, ch. 205, § 1, p. 569, was repealed by S.L. 1988, ch. 75, § 1.

§ 25-1416a — 25-1416c. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised 1951, ch. 185, §§ 2-4, p. 396, were repealed by S.L. 1973, ch. 168, § 22.

Chapter 15 INSPECTION OF BRANDS ACT OF 1943

Sec.

§ 25-1501 — 25-1514. Inspection of brands — Requirements regarding transportation — Certificates — Separability — Penalties and liability. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which compromised S.L. 1905, p. 369, § 2; R.C., § 1247; 1917, ch. 101, § 2, p. 376; C.L., § 1247; C.S., § 1940; I.C.A.,§ 24-1202; S.L. 1943, ch. 72,§§ 1-11, 13, 14, p. 151; 1947, ch. 89, § 1, p. 153; 1951, ch. 145, § 1, p. 338; 1951, ch. 201, § 1, p. 429; 1953, ch. 51, § 1, p. 68, were repealed by S.L. 1973, ch. 168, § 22.

Chapter 16 RECORD OF BRANDS ON SLAUGHTERED CATTLE

Sec.

§ 25-1601. Record of slaughtered cattle — Penalty for violation.

Any persons engaged in the business of slaughtering cattle, must keep at their place of business a book in which they must enter daily the number and class of cattle slaughtered, the name of the person or persons from whom said cattle were purchased, and the marks and brands of such cattle. Said book must be kept ready at all times for the inspection of any person who may desire to examine the same. Any person violating the provisions hereof shall be guilty of a misdemeanor.

History.

1876, p. 36, § 1; am. R.S., § 1195; reen. R.C. & C.L., § 1255; C.S., § 1947; I.C.A.,§ 24-1301; am. 1941, ch. 51, § 1, p. 109.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

Sheriff to cooperate with Idaho state police in enforcement of brand inspection laws,§ 31-2202.

Chapter 17 LIVESTOCK MARKETS

Sec.

§ 25-1701 — 25-1718. Livestock sales rings, license and bond — Rules and regulations — Enforcement of act — Sanitation — Penalties. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised S.L. 1947, ch. 124, §§ 1 to 17, p. 285; 1949, ch. 98, § 1, p. 174; 1949, ch. 149, § 1, p. 174; 1959, ch. 92, § 1, p. 204, were repealed by S.L. 1961, ch. 201, § 21.

§ 25-1719. Short title.

This act shall be known and cited as the “Idaho Public Livestock Market Development Act.”

History.

1961, ch. 201, § 1, p. 310.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” refers to S.L. 1961, ch. 201, which is compiled as§§ 25-1719 to 25-1726 and 25-1728 to 25-1737.

§ 25-1720. Statement of purpose.

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

History.

1961, ch. 201, § 2, p. 310.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” near the beginning of the section refers to S.L. 1961, ch. 201, which is compiled as§§ 25-1719 to 25-1726 and 25-1728 to 25-1737.

§ 25-1721. Definitions of terms.

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

  1. “Persons” shall include any individual, firm, association, partnership or corporation.
  2. “Department” means the department of agriculture.
  3. “Director” means the director of the department of agriculture.
  4. “Livestock” means and includes cattle, calves, horses, mules and swine.
  5. “Public livestock market” means:
  6. “Market charter” means the charter for public livestock market operation authorized to be issued under the provisions of this act.
  7. “Livestock market operator” means any person engaged in the business of conducting or operating a public livestock market, whether personally or through agents or employees.

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

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

History.

1961, ch. 201, § 3, p. 310; am. 1974, ch. 18, § 147, p. 364; am. 1985, ch. 238, § 1, p. 564; am. 1994, ch. 314, § 1, p. 998.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Compiler’s Notes.

The term “this act” in the introductory paragraph and in subsection (f) refers to S.L. 1961, ch. 201, which is compiled as§§ 25-1719 to 25-1726 and 25-1728 to 25-1737.

§ 25-1722. Exemptions.

This act shall not be construed to include as a public livestock market:

  1. Any place or operation where future farmers or 4-H groups, or private fairs conduct sales of livestock.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

1961, ch. 201, § 4, p. 310; am. 1963, ch. 130, § 1, p. 382; am. 1965, ch. 138, § 1, p. 271; am. 1974, ch. 18, § 148, p. 364.

STATUTORY NOTES

Federal References.

The Packers and Stockyards Act of 1921, referred to subsection (f), is compiled as 7 U.S.C.S. § 181 et seq.

Compiler’s Notes.

The term “this act” in the introductory paragraph refers to S.L. 1961, ch. 201, which is compiled as§§ 25-1719 to 25-1726 and 25-1728 to 25-1737.

Effective Dates.

Section 2 of S.L. 1963, ch. 130 declared an emergency. Approved March 18, 1963.

§ 25-1723. Administration of act.

The director is hereby vested with power and authority, and it is hereby made his duty, to:

  1. Administer the provisions of this act in respect to the issuances, suspensions and revocations of market charters.
  2. Prescribe by general order, or otherwise, rules and regulations in conformity with this act, applicable to its efficient and effective administration.

History.

1961, ch. 201, § 5, p. 310; am. 1974, ch. 18, § 149, p. 364.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” in subsections (a) and (b) refers to S.L. 1961, ch. 201, which is compiled as§§ 25-1719 to 25-1726 and 25-1728 to 25-1737.

§ 25-1724. Market charter and application — Fees, charter and hearing.

No person shall conduct or operate a public livestock market unless and until he has a market charter therefor, upon which the current annual market charter fee has been paid. Any person making application for such market charter shall do so to the director in writing, verified by the applicant, in the form as prescribed by the director, showing the following:

  1. The name and address of the applicant, with a statement of the names and addresses of all persons having any financial interest in the applicant and the amount of such interest. This statement shall include the legal names of all members of a partnership; the officers and members of the governing board of an association; and five (5) principal stockholders of a corporation. If, during the period of a market charter issued hereunder, any change shall take place in the personnel identified herein, the holder of the market charter shall forthwith make a verified report of any such change to the director.
  2. Financial responsibility of the applicant in the form of a statement of all assets and liabilities.
  3. A legal description of the property and its exact location with a complete description of the facilities proposed to be used in connection with such public livestock market.
  4. The schedule of charges applicant proposes to charge for all services proposed to be rendered.
  5. A detailed statement of the facts upon which the applicant relies showing the general confines of the trade area proposed to be served by such public livestock market, the benefits to be derived by the livestock industry and the services proposed to be rendered.

Such application shall be accompanied by the annual charter fee as prescribed in section 25-1728, Idaho Code. In addition, the application shall be accompanied by a hearing fee of five hundred dollars ($500) which shall not be returnable to the applicant. Said annual charter fee and hearing fee shall be remitted separately. The director shall remit said hearing fee to the state treasurer of the state of Idaho to be credited to the “Public Livestock Market Fund.”

History.

1961, ch. 201, § 6, p. 310; am. 1965, ch. 65, § 1, p. 100; am. 1974, ch. 18, § 150, p. 364; am. 1985, ch. 238, § 2, p. 564; am. 1994, ch. 314, § 2, p. 998.

STATUTORY NOTES

Cross References.

Public livestock market fund,§ 25-1728.

State treasurer,§ 67-1201 et seq.

§ 25-1725. Notice of hearing on application.

Upon the filing of such application, the director shall fix a reasonable time for the hearing thereon in the city itself, or the nearest city, where the public livestock market is proposed to be located. The director forthwith shall cause notice of the time and place of hearing, to be served by mail not less than fifteen (15) days prior to such hearing upon the following:

  1. All duly organized statewide livestock associations in the state who have filed written notice with the director of a request to receive notice of such hearings and such other livestock associations as in the opinion of the director would be interested in such application.
  2. The operators of all public livestock markets in the state.

The director shall give further notice of such hearing by publication of the notice thereof once in a daily or weekly newspaper circulated in the city or town where such hearing is to be held, as in the opinion of the director will give public notice of such time and place of hearing to persons interested therein.

History.

1961, ch. 201, § 7, p. 310; am. 1965, ch. 65, § 2, p. 100; am. 1974, ch. 18, § 151, p. 364; am. 1985, ch. 238, § 3, p. 564; am. 1994, ch. 314, § 3, p. 998.

§ 25-1726. Hearing on application.

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

  1. The ability of the applicant to comply with that certain act of the congress of the United States known as the Packers and Stockyards Act, as amended (7 USC 181, et seq.).
  2. The financial stability, business integrity and fiduciary responsibility of the applicant.
  3. The livestock industry marketing benefits to be derived from the establishment and operation of the public livestock market proposed in the application.
  4. The adequacy of the facilities set forth in the application, to permit the performance of market services proposed in the application.
  5. The present market services elsewhere available to the trade area proposed to be served.
  6. Whether the proposed public livestock market would be permanent and continuous.
  7. The economic feasibility of the proposed market services based on competent evidence in respect to such aspects.
  8. Proper facilities for health inspection and testing of livestock.

History.

1961, ch. 201, § 8, p. 310; am. 1974, ch. 18 § 152, p. 364.

STATUTORY NOTES

Compiler’s Notes.

The reference enclosed in parentheses so appeared in the law as enacted.

§ 25-1727. Existing operations. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1961, ch. 201, § 9, p. 310; am. 1985, ch. 238, § 4, p. 564, was repealed by S.L. 1994, ch. 314, § 4, effective July 1, 1994.

§ 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.

1961, ch. 201, § 10, p. 310; am. 1965, ch. 65, § 3, p. 100; am. 1974, ch. 18, § 153, p. 364; am. 1994, ch. 180, § 40, p. 420.

STATUTORY NOTES

Cross References.

State board of examiners,§ 67-2001 et seq.

State controller,§ 67-1001 et seq.

State treasurer,§ 67-1201 et seq.

Compiler’s Notes.

The term “this act” throughout this section refers to S.L. 1961, ch. 201, which is compiled as§§ 25-1719 to 25-1726 and 25-1728 to 25-1737.

Effective Dates.

Section 241 of S.L. 1994, ch. 180 provided that such act should become effective on and after the first Monday in January, 1995, if the amendment to the Constitution of Idaho changing the name of the state auditor to state controller [1994 S.J.R. No. 109, p. 1493] was adopted at the general election held on November 8, 1994. Since such amendment was adopted, the amendment to this section by § 40 of S.L. 1994, ch. 180 became effective January 2, 1995.

§ 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.

1961, ch. 201, § 11, p. 310; am. 1965, ch. 65, § 4, p. 100; am. 1967, ch. 221, § 1, p. 667; am. 1974, ch. 18, § 154, p. 364; am. 1985, ch. 238, § 5, p. 564.

STATUTORY NOTES

Cross References.

Public livestock market fund,§ 25-1728.

§ 25-1730. Bond of applicant.

No market charter or renewal of market charter shall be issued until the applicant shall have executed a surety bond as required under the provisions of that certain act of the congress of the United States known as the Packers and Stockyards Act, as amended (7 USC 181, et seq.) for market agencies selling on commission. A certified copy of such bond in full force and effect as on file with the United States department of agriculture shall be filed with the director and shall satisfy the requirements of this section.

History.

1961, ch. 201, § 12, p. 310; am. 1974, ch. 18, § 155, p. 364.

STATUTORY NOTES

Compiler’s Notes.

The reference enclosed in parentheses so appeared in the law as enacted.

§ 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.

1961, ch. 201, § 13, p. 310; am. 1974, ch. 18, § 156, p. 364.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” near the beginning and near the end refers to S.L. 1961, ch. 201, which is compiled as§§ 25-1719 to 25-1726 and 25-1728 to 25-1737.

§ 25-1732. Investigation of actions of market charter holders — Hearings on complaints — Witnesses — Suspension or revocation of market charters — Violation of Packers and Stockyards Act of 1921 — Injunction — Hearing — Audit.

The director may, upon his own motion, whenever he has reason to believe the provisions of this act have been violated, or upon verified complaint of any person in writing investigate the actions of any market charter holder, and if he finds probable cause to do so, shall file a complaint against the market charter holder which shall be set down for hearing before the director upon fifteen (15) days’ notice served upon such market charter holder either by personal service upon him or by registered mail or telegram prior to such hearing.

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

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

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

  1. Has ceased to conduct a public livestock market business for at least twelve (12) months; or
  2. Has been guilty of fraud or misrepresentation as to the titles, charges, number, brands, weights, proceeds of sale or ownership of livestock; or
  3. Has violated any of the provisions of this act; or
  4. Has violated any of the rules or regulations adopted and published by the director; or
  5. Has violated any of the provisions of the United States Packers and Stockyards Act, of 1921, as amended, or regulations relating thereto, shall be deemed a sufficient cause for the suspension or revocation of the market charter of the offending public livestock market operator. Provided, however, that if the director has reasonable cause to believe that a market operator has violated this act or said Packers and Stockyards Act, of 1921, as amended, or regulations pertaining thereto, it may petition the district court of the district in which said market is located to enjoin such violation by filing a verified complaint setting forth the acts constituting such violation. The court, if satisfied from such complaint that the act or acts complained of have been or are being or are about to be committed, may issue a temporary writ without notice or bond enjoining the defendant from operating said market pending a hearing of the director but no longer than twenty-one (21) days. An audit by the packers and stockyards division [grain inspection, packers and stockyards administration] of the United States department of agriculture of said market shall be prima facie evidence of the facts therein contained. The director shall only use such audit or audits approved by the packers and stockyards division [grain inspection, packers and stockyards administration] of the United States department of agriculture. History.

1961, ch. 201, § 14, p. 310; am. 1965, ch. 65, § 5, p. 100; am. 1967, ch. 221, § 2, p. 667; am. 1974, ch. 18, § 157, p. 364.

STATUTORY NOTES

Federal References.

The Packers and Stockyards Act of 1921, referred to in this section, is compiled as 7 U.S.C.S. § 181 et seq.

Compiler’s Notes.

The term “this act” in the first and last paragraphs refers to S.L. 1961, ch. 201, which is compiled as§§ 25-1719 to 25-1726 and 25-1728 to 25-1737.

The bracketed insertion in the last two sentences were added by the compiler as the referenced federal program was revised in 1994. See http://www.gipsa.usda.gov/about.html .

§ 25-1733. Appeals from decisions of director.

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

History.

1961, ch. 201, § 15, p. 310; am. 1974, ch. 18, § 158, p. 364.

§ 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 [director] 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.

1961, ch. 201, § 16, p. 310.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” throughout this section refers to S.L. 1961, ch. 201, which is compiled as§§ 25-1719 to 25-1726 and 25-1728 to 25-1737.

The bracketed insertion in the last paragraph was added by the compiler. The original enactment used the term “board” in reference to the public livestock market board. That board has since been abolished and all of its powers and duties are now exercised by the director of the department of agriculture. See§ 25-1723.

§ 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.

1961, ch. 201, § 17, p. 310.

§ 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.

1961, ch. 201, § 18, p. 310; am. 1969, ch. 190, § 2, p. 559; am. 1973, ch. 168, § 21, p. 339; am. 1976, ch. 180, § 2, p. 652; am. 1988, ch. 75, § 41, p. 111.

STATUTORY NOTES

Cross References.

State brand board,§ 25-1101 et seq.

State brand inspector,§ 25-1103.

Compiler’s Notes.

Section 23 of S.L. 1973, ch. 168 reads: “If any provision or provisions of this act shall be held to be unconstitutional, invalid or unenforceable provision or provisions shall be considered severable from the remainder of this act although contained in sections containing other provisions and shall be excluded from this act, and the fact that said provision or provisions shall be held unconstitutional, invalid or unenforceable shall in no way affect any other provision of this act although contained in the same section.”

Effective Dates.

Section 24 of S.L. 1973, ch. 168, provided that section 14 of the act shall be in full force and effect on and after July 1, 1974, and the remaining sections shall be in full force and effect on and after July 1, 1973.

Section 3 of S.L. 1976, ch. 180 declared an emergency. Approved March 19, 1976.

§ 25-1737. Sanitation.

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

History.

1961, ch. 201, § 19, p. 310; am. 1967, ch. 221, § 3, p. 667; am. 1974, ch. 18, § 159, p. 364.

STATUTORY NOTES

Cross References.

Director of department of agriculture,§ 22-101.

Compiler’s Notes.

Section 20 of S.L. 1961, ch. 201 read: “The provisions of this act are hereby declared separable and if any section, clause or phrase thereof is hereafter declared unconstitutional, the same shall not affect the validity of the remaining portions of this act.”

Effective Dates.

Section 22 of S.L. 1961, ch. 201 declared an emergency. Approved March 11, 1961.

Section 263 of S.L. 1974, ch. 18 provided the act should take effect on and after July 1, 1974.

CASE NOTES

Decisions Under Prior Law
Amount of Damages.

The refusal of the trial court to grant defendant’s motion for a directed verdict on the grounds that plaintiff wholly failed to prove the amount of his damages was without merit where there was ample evidence of the value of the hogs that died and of other expenses to support the verdict. Anderson v. Blackfoot Livestock Comm’n Co., 85 Idaho 64, 375 P.2d 704 (1962).

Duty of Salesyard.

That the regulations issued by the director of the bureau of animal industry imposed a duty on the part of the defendant company to vaccinate or inoculate hogs in compliance therewith cannot be questioned. The fact that the defendant itself did not commit the acts or omissions with which this case is concerned does not relieve it from responsibility imposed by regulations. Anderson v. Blackfoot Livestock Comm’n Co., 85 Idaho 64, 375 P.2d 704 (1962).

Instruction to Jury.

It was unnecessary to instruct the jury on the law covering liability of a public official when defendant veterinarian was not acting in the capacity of a public official but in his capacity as a veterinarian in connection with the vaccination of the hogs purchased by plaintiff; therefore, it was not error to refuse to give this instruction. Anderson v. Blackfoot Livestock Comm’n Co., 85 Idaho 64, 375 P.2d 704 (1962).

Where a veterinarian assigned or working at a salesyard was not acting in the capacity of a public official in connection with the vaccination of hogs sold to the plaintiff, it was not necessary that an instruction be given to the jury embracing the law of liability of agents of the state of Idaho or of public officials. Anderson v. Blackfoot Livestock Comm’n Co., 85 Idaho 64, 375 P.2d 704 (1962).

An instruction proposing to instruct the jury as to the law concerning violation of statutes and regulations, in this case a regulation issued by the director of the bureau of animal industry, and to inform them that the question of whether the statute or regulation was violated and whether the violation resulted in and was the proximate cause of plaintiff’s injuries, his hogs dying of the cholera, were questions that the jury must determine, was not erroneous. Anderson v. Blackfoot Livestock Comm’n Co., 85 Idaho 64, 375 P.2d 704 (1962).

Liability of Salesyard and Veterinarian.

Contention of the veterinarian defendant that he was acting as a public official in being placed at the hog salesyard was groundless in view of the fact that the state of Idaho did not assume responsibility of treating the hogs for hog cholera, leaving that to the salesyard, that the fee charged for vaccination was established by the veterinarian and the collection of the fee from the purchaser by agreement between the veterinarian and salesyard, the veterinarian acting not as a public official but in a private capacity and for private gain. Anderson v. Blackfoot Livestock Comm’n Co., 85 Idaho 64, 375 P.2d 704 (1962).

Negligence Per Se.

When the veterinarian at a salesyard undertook the task of vaccinating the hogs plaintiff purchased, he was under a duty to comply with the regulatory requirements issued by the director of the bureau of animal industry. Failure to comply with the regulations constitutes negligence per se. Anderson v. Blackfoot Livestock Comm’n Co., 85 Idaho 64, 375 P.2d 704 (1962).

Chapter 18 POULTRY BRANDS

Sec.

§ 25-1801 — 25-1805. Poultry brands. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised S.L. 1929, ch. 95, §§ 1 to 5, p. 157; I.C.A.,§§ 24-1501 to 24-1505; 1933, ch. 173, § 3, p. 314, were repealed by S.L. 1991, ch. 37, § 1.

Chapter 19 MISCELLANEOUS OFFENSES RELATING TO LIVESTOCK

Sec.

§ 25-1901. Altering marks and brands.

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

History.

1880, p. 295, §§ 10, 17; R.S., R.C., & C.L., § 6867; C.S., § 8328; am. 1931, ch. 23, § 1, p. 50; I.C.A.,§ 24-1601; am. 1951, ch. 158, § 1, p. 354.

RESEARCH REFERENCES

C.J.S.

§ 25-1902. Changing, defacing, or counterfeiting marks and brands. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised S.L. 1881, p. 295, §§ 10, 17; R.S., R.C., & C.L., § 6879; C.S., § 8334; I.C.A.,§ 24-1602, was repealed by S.L. 1951, ch. 158, § 2, p. 354.

§ 25-1903. Use or possession of running iron.

Any person who uses, or has, or keeps in his possession, any running branding iron, tool, or instrument used by him for running a brand on any livestock, or who changes or disfigures any brand with such instrument, is guilty of grand larceny and punishable as provided by law. The possession of such iron or instrument is prima facie evidence of guilt.

History.

1880, p. 295, § 2; am. 1884, p. 61, § 1; R.S., R.C., & C.L., § 6868; C.S., § 8329; I.C.A.,§ 24-1603.

STATUTORY NOTES

Compiler’s Notes.

The law regarding larceny,§§ 18-4601 to 18-4615, has been repealed. For present comparable law, see§ 18-2401 et seq.

RESEARCH REFERENCES

C.J.S.

§ 25-1904. Slaughtering cattle in remote places. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised R.S., R.C., & C.L., § 6869; C.S., § 8330; I.C.A.,§ 24-1604, was repealed by S.L. 1990, ch. 126, § 2.

§ 25-1905. Removal of hides from carcasses.

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

History.

1882, p. 126, § 1; R.S., R.C., & C.L., § 6870; C.S., § 8331; I.C.A.,§ 24-1605.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

§ 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.

1882, p. 126, § 2; R.S., R.C., & C.L., § 6871; C.S., § 8332; I.C.A.,§ 24-1606.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

CASE NOTES

Larceny Not Necessary to Instruct on Other Offenses.

In prosecution for larceny of a calf, the omission to charge on the offense of slaughtering unbranded neat cattle, and maliciously killing an animal belonging to another was not error, notwithstanding the fact that the evidence tended to show either or both of such offenses had been committed, since the offense of larceny could have been completed without the commission of the other offenses. State v. Craner, 60 Idaho 620, 94 P.2d 1081 (1939).

§ 25-1907. Grazing sheep on cattle range.

Any person owning or having charge of sheep, who herds, grazes, or pastures the same, or permits or suffers the same to be herded, grazed or pastured, on any cattle range previously occupied by cattle, or upon range usually occupied by any cattle grower, either as a spring, summer or winter range for his cattle, is guilty of a misdemeanor; but the priority of possessory right between cattle and sheep owners to any range, is determined by the priority in the usual and customary use of such range, either as a cattle or sheep range.

History.

1882, p. 126, § 3; R.S., R.C., & C.L., § 6872; C.S., § 8333; I.C.A.,§ 24-1607.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

CASE NOTES

Abandonment.

Exclusive right of cattlemen as against sheepmen to use the range first occupied by cattlemen may be abandoned by their ceasing to use it or by permitting use of it by sheep in common with cattle. Upon joint use without protest of cattlemen for period long enough to create custom the herding or grazing of sheep thereon is not unlawful. State v. Butterfield, 30 Idaho 415, 165 P. 218 (1917).

Complaint.

While charging in language of statute is usually sufficient, ingredients that do not enter into statutory definition must be added. State v. Bidegain, 33 Idaho 66, 189 P. 242 (1920).

Constitutionality.

This section is constitutional. State v. Horn, 27 Idaho 782, 152 P. 275 (1915); State v. Omaechevviaria, 27 Idaho 797, 152 P. 280 (1915), aff’d, 246 U.S. 343, 38 S. Ct. 323, 62 L. Ed. 2d 763 (1918); State v. Butterfield, 30 Idaho 415, 165 P. 218 (1917).

Construction.

This section is not void for uncertainty. State v. Omaechevviaria, 27 Idaho 797, 152 P. 280 (1915), aff’d, 246 U.S. 343, 38 S. Ct. 323, 62 L. Ed. 2d 763 (1918).

Evidence.

If customary use of range has been for cattle, it is a cattle range. If customary use has been for both cattle and sheep, it is not a cattle range. Proof of customary use for both cattle and sheep is proper evidence in determining abandonment as cattle range. State v. Butterfield, 30 Idaho 415, 165 P. 218 (1917); State v. Brace, 49 Idaho 580, 290 P. 722 (1930), overruled in part, State v. McMahan, 57 Idaho 240, 65 P.2d 156 (1937).

It is necessary that evidence show that sheep were actually on land and not merely near it. State v. Mallea, 33 Idaho 65, 189 P. 498 (1920).

Injunction.

Defendant in criminal prosecution in state court for violation of this section was not entitled to maintain suit in federal court to enjoin further prosecution on the ground that this section had been abrogated by the federal grazing act, since the state court was competent to deal with the federal question involved. Babcock v. Noh, 99 F.2d 738 (9th Cir. 1938).

This section does not entitle one who has been accustomed to range cattle on public land to enjoin another from herding sheep on range. McGinnis v. Friedman, 2 Idaho 393, 17 P. 635 (1888); Bradshaw v. Burstedt, 50 Idaho 54, 293 P. 330 (1930).

Instructions to Jury.

It is not error for the court to refuse to give an instruction where there is no evidence to which it is applicable. State v. Brace, 49 Idaho 580, 290 P. 722 (1930), overruled in part, State v. McMahan, 57 Idaho 240, 65 P.2d 156 (1937).

The court may instruct the jury, in substance, that the employer is responsible for his agent’s acts only when he directs or authorizes such acts. State v. Brace, 49 Idaho 580, 290 P. 722 (1930), overruled in part, State v. McMahan, 57 Idaho 240, 65 P.2d 156 (1937).

Defendant, in prosecution for herding sheep on cattle range, was entitled to have jury’s attention called to any particular period during which he deemed the evidence had established an abandonment. State v. Carlson, 50 Idaho 634, 298 P. 936 (1931).

Intent.

In order to warrant conviction there must be an intent to violate this section, as well as the act of driving or herding sheep upon a cattle range. State v. Omaechevviaria, 27 Idaho 797, 152 P. 280 (1915), aff’d, 246 U.S. 343, 38 S. Ct. 323, 62 L. Ed. 2d 763 (1918); State v. Bidegain, 33 Idaho 66, 189 P. 242 (1920).

Mere ownership of part interest in herd of sheep does not tend to prove wilful intent within meaning of this section. State v. Becker, 35 Idaho 568, 207 P. 429 (1922).

There must be intent to violate law, or failure to exercise ordinary diligence to ascertain whether or not range is cattle range within meaning of statute. State v. Moodie, 35 Idaho 574, 207 P. 1073 (1922).

Judicial Notice.

In prosecutions under this section, it is not necessary to allege or prove that cattle range is on public land. State v. Bidegain, 34 Idaho 365, 201 P. 312 (1921); State v. Moodie, 35 Idaho 574, 207 P. 1073 (1922).

Police Regulations.

Lands constituting the public domain of the United States within jurisdiction of this state are subject to police regulations of the state; the statute is a police regulation for avoidance of range wars possible to arise in case of the invasion of cattle ranges by sheepherders. State v. Horn, 27 Idaho 782, 152 P. 275 (1915); State v. Omaechevviaria, 27 Idaho 797, 152 P. 280 (1915), aff’d, 246 U.S. 343, 38 S. Ct. 323, 62 L. Ed. 2d 763 (1918).

Prosecutions.

Prosecutions for this offense may be commenced in district court by filing criminal complaint. State v. Snook, 34 Idaho 403, 201 P. 494 (1921); State v. Moodie, 35 Idaho 574, 207 P. 1073 (1922).

Cited

State v. Wilding, 57 Idaho 149, 63 P.2d 659 (1936).

§ 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.

1880, p. 295, § 15; R.S., R.C., C.L., § 6882; C.S., § 8335; I.C.A.,§ 24-1608.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

Similar provisions,§ 25-1303.

RESEARCH REFERENCES

C.J.S.

§ 25-1909. Stealing services of bull.

It shall be unlawful for any person, without the consent of the owner, to take possession of any bull found running at large upon the open range and to confine the same in any inclosure for the purpose of obtaining service therefrom. And in any trial for violation of the provisions of this section, upon proof on the part of the state that any person has taken possession of such bull, upon the open range, and has confined the said bull in any inclosure with cows, such fact may be considered by the jury as bearing upon the question of the intent of such person to secure unlawfully the service of such bull. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor.

History.

1911, ch. 130, § 1, p. 417; reen. C.L., § 6882a; C.S., § 8336; I.C.A.,§ 24-1609.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

Registered bull, failure to provide on range, penalty,§ 25-2116.

§ 25-1910. Civil damages and other penalties upon theft or unlawful destruction of furbearing animals raised for commercial purposes or livestock.

  1. In addition to the criminal penalties that may be imposed upon a person convicted of theft or unlawful destruction of furbearing animals raised for commercial purposes or livestock, the court shall assess civil damages against the defendant in any amount necessary to fully compensate the owner of the furbearing animals raised for commercial purposes or livestock for his loss, which amount shall be paid to the owner, and any amount necessary to fully compensate any trade association which has paid out rewards which led to the arrest and conviction of the defendant in the particular case, which amount shall be paid to the trade association.
  2. Any person who intentionally and without permission of the owner releases any furbearing animals raised for commercial purposes is guilty of a felony and the court may assess civil damages against the defendant in any amount necessary to compensate the owner of the furbearing animals raised for commercial purposes. Additionally, any person who intentionally destroys or conspires to destroy any paper or electronic record of a furbearing animal raised for commercial purposes shall be guilty of a felony and the court may assess civil damages against the defendant in any amount necessary to compensate the owner of the furbearing animals raised for commercial purposes.

History.

I.C.,§ 25-1910, as added by 1983, ch. 19, § 3, p. 54; am. 1990, ch. 126, § 3, p. 297; am. 1999, ch. 158, § 1, p. 436.

STATUTORY NOTES

Cross References.

Punishment for felony when not otherwise provided,§ 18-112.

CASE NOTES

Cited

State v. Aubert, 119 Idaho 868, 811 P.2d 44 (Ct. App. 1991).

Chapter 20 LEASES OF LIVESTOCK

Sec.

§ 25-2001. Leases to be in writing and recorded.

All leases of more than ten (10) head of livestock must be in writing and must be acknowledged in like manner as grants of real property, and recorded in the county recorder’s office or offices, for the same fee as required by section 31-3205, Idaho Code; and the failure to comply with the provisions of this section renders the interest of the lessor in the property subject and subsequent to the claims of creditors of the lessee, and of subsequent purchasers and encumbrancers of the property in good faith and for value.

History.

1907, p. 481, § 1; reen. R.C. & C.L., § 1263; C.S., § 1955; I.C.A.,§ 24-1701; am. 1984, ch. 116, § 1, p. 261.

STATUTORY NOTES

Cross References.

Acknowledgments of grants of real property,§ 55-701 et seq.

Statute of frauds,§ 9-505.

CASE NOTES

Burden of Proof.

In order to involve the doctrine of comity between states with respect to contracts, it is incumbent upon the party claiming such a benefit to show that his is such a contract as is contemplated by the doctrine. He must produce proof that the contract in behalf of which he seeks to invoke this rule is a foreign contract contemplated by the rule, and this doctrine is applicable to a contract within the meaning of this section when it is made in another state between parties thereof affecting livestock therein, but later moved to Idaho. Hare v. Young, 26 Idaho 682, 146 P. 104 (1915).

Creditor.

Term “creditor” as used in this section does not refer to general creditor, but one who has acquired some sort of lien by attachment, or otherwise, on property. Continental Nat’l Bank v. Naylor, 39 Idaho 267, 228 P. 266 (1924).

Installment Sales Contract.

An agreement purporting to lease cattle could not be brought within the scope of this section by entitling it a “lease” when it was commercially identical to an installment sales contract covered by§ 28-1-201. Whitworth v. Krueger, 98 Idaho 65, 558 P.2d 1026 (1976).

Recording of Lease.

Under this section, lease must be recorded when lease was made in another state, but livestock was afterward brought into Idaho. Hare v. Young, 26 Idaho 682, 146 P. 104 (1915).

Running of Statute of Limitations.

Where there is a failure to comply with estray laws, the taker-up is guilty of tort, and where the possession of property is acquired by tort, no demand need be made previous to the institution of a suit for the recovery of the property, and consequently the statute of limitations is set in motion without such demand. And the nondiscovery of the location of a chattel alleged to be an estray is not a material element in the computation of the period of limitation allowed by law to commence an action to recover such chattel. Havird v. Lung, 19 Idaho 790, 115 P. 930 (1911).

Cited

Hull v. Cartin, 61 Idaho 578, 105 P.2d 196 (1940).

RESEARCH REFERENCES

Am. Jur. 2d.

Chapter 21 ANIMALS RUNNING AT LARGE

Sec.

§ 25-2101. Hogs need not be fenced against.

The owner or occupant of premises is not required to fence against hogs.

History.

R.S., § 1340; reen. R.C. & C.L., § 1278; C.S., § 1970; I.C.A.,§ 24-1801.

STATUTORY NOTES

Cross References.

Barbed wire fences,§ 35-301 et seq.

Lawful fences,§§ 35-101 and 35-102.

Partition fences,§§ 35-103 to 35-112.

CASE NOTES

This and the following sections provide complete proceedings for recovering damages for trespassing hog, are not repugnant to the constitution, and do not deny owner of hog right to contest claim for damages. Fall Creek Sheep Co. v. Walton, 24 Idaho 760, 136 P. 438 (1913).

Cited

Sifers v. Johnson, 7 Idaho 798, 65 P. 709 (1901).

§ 25-2102. Taking up trespassing hogs. [Repealed.]

Repealed by S.L. 2020, ch. 135, § 1, effective July 1, 2020.

History.

1880, p. 434, § 1; am. R.S., § 1341; am. 1888-1889, p. 38, § 1; reen. R.C. & C.L., § 1279; C.S., § 1971; I.C.A.,§ 24-1802.

§ 25-2103. Taking up hogs

Notice. [Repealed.]

Repealed by S.L. 2020, ch. 135, § 2, effective July 1, 2020.

History.

1880, p. 434, § 2; am. R.S., § 1342; reen. R.C. & C.L., § 1280; C.S., § 1972; I.C.A.,§ 24-1803.

§ 25-2104. Taking up hogs

Arbitration of damages. [Repealed.]

Repealed by S.L. 2020, ch. 135, § 3, effective July 1, 2020.

History.

1880, p. 434, § 3; am. R.S., § 1343; am. 1888-1889, p. 38, § 2; reen. R.C. & C.L., § 1281; C.S., § 1973; I.C.A.,§ 24-1804.

§ 25-2105. Taking up hogs

Failure of owner to appear. [Repealed.]

Repealed by S.L. 2020, ch. 135, § 4, effective July 1, 2020.

History.

1880, p. 434, § 4; am. R.S., § 1344; am. 1888-1889, p. 38, § 3; reen. R.C. & C.L., § 1282; C.S., § 1974; I.C.A.,§ 24-1805.

§ 25-2106. Hogs running at large within towns. [Repealed.]

Repealed by S.L. 2020, ch. 135, § 5, effective July 1, 2020.

History.

R.S., § 1345; am. 1888-1889, p. 38, § 4; reen. R.C. & C.L., § 1283; C.S., § 1975; I.C.A.,§ 24-1806.

§ 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.

1909, p. 190, § 1; reen. C.L., § 1283a; C.S., § 1976; I.C.A.,§ 24-1807.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

§ 25-2108. Stallions not permitted to run at large.

The owner of any stallion over the age of eighteen (18) months must not allow the same to run at large, unless it is of the market cash value of $250, or more, and is at such value assessed.

History.

1868, p. 127, § 1; am. R.S., § 1240; am. 1890-1891, p. 48, § 1; reen. 1899, p. 26, § 1; reen. R.C. & C.L., § 1284; C.S., § 1977; I.C.A.,§ 24-1808.

CASE NOTES

Stallion Killed, Damages.

Fact that stallion has escaped from the inclosed pasture of its owner does not preclude owner from recovering damages for death of stallion caused by its getting on track of a railroad at place where railroad has unlawfully failed to fence. Patrie v. Oregon Short Line R.R., 6 Idaho 448, 56 P. 82 (1899).

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 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 [magistrate] in the name of any person who will prosecute the same, one-half (½) to his own use and the other half to the use of the county school fund.

History.

1868, p. 127, § 2; am. R.S., § 1241; am. 1890-1891, p. 48, § 2; reen. 1899, p. 26, § 2; reen. R.C. & C.L., § 1285; C.S., § 1978; I.C.A.,§ 24-1809.

STATUTORY NOTES

Compiler’s Notes.

The bracketed insertion near the end of the section was added by the compiler. Pursuant to S.L. 1969, Chapter 100, the justice and probate courts ceased to exist as of January 11, 1971, and all references to those courts were thenceforth to mean the district court or the magistrate division of the district court, whichever is appropriate.

The disposition of the fine provided in this section may be superseded by§ 19-4705, effective January 11, 1971.

RESEARCH REFERENCES

C.J.S.

§ 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.

1868, p. 127, § 3; am. R.S., § 1242; am. 1890-1891, p. 48, § 3; reen. 1899, p. 26, § 3; reen. R.C. & C.L., § 1286; C.S., § 1979; I.C.A.,§ 24-1810.

RESEARCH REFERENCES

C.J.S.

§ 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.

1868, p. 127, § 4; R.S., § 1243; am. 1890-1891, p. 48, § 4; reen. 1899, p. 26, § 4; reen. R.C. & C.L., § 1287; C.S., § 1980; I.C.A.,§ 24-1811.

RESEARCH REFERENCES

C.J.S.

§ 25-2112. Ranging stock in towns unlawful.

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

History.

1901, p. 158, § 1; reen. R.C. & C.L., § 1288; C.S., § 1981; I.C.A.,§ 24-1812.

STATUTORY NOTES

Cross References.

Similar provisions as to hogs,§ 25-2107.

§ 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.

1901, p. 158, § 2; reen. R.C. & C.L., § 1289; C.S., § 1982; I.C.A.,§ 24-1813.

RESEARCH REFERENCES

C.J.S.

§ 25-2114. Ranging stock in towns — Duties of officers.

It is hereby made the duty of any sheriff, deputy sheriff, or constable, to complain against and prosecute any person or persons violating the above sections.

History.

1901, p. 158, § 3; reen. R.C. & C.L., § 1290; C.S., § 1983; I.C.A.,§ 24-1814.

STATUTORY NOTES

Compiler’s Notes.

The words “above sections” at the end of this section refer to§§ 25-2112 and 25-2113.

§ 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.

1911, ch. 129, § 1, p. 417; reen. C.L., § 1290a; C.S., § 1984; I.C.A.,§ 24-1815.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

§ 25-2116. Registered bulls — Failure to provide on range — Penalty.

During the breeding season every user of the public range shall place upon the range used by him a registered bull of beef breed not less than fifteen (15) months of age nor more than eight (8) years of age for every twenty-five (25) head or fraction thereof of female breeding cattle pastured by him on such range, and no person shall permit any bull to run on the same range at any other time than during three (3) successive breeding seasons: provided, the term “female breeding cattle” shall not apply to female cattle under twelve (12) months of age: provided, that any two (2) or more persons may join together in furnishing such bull when the aggregate number of female breeding cattle turned loose upon the same range by any such two (2) or more persons does not exceed the number of twenty-five (25) head; provided further, that the owner or owners of female dairy cattle may pasture them on the public range without a bull, as above provided, if such female dairy cattle are taken up each night to be milked and the owner or owners keep for the breeding of every fifty (50) head of such cattle a registered bull of dairy breed, but no person shall allow a bull of dairy breed to run at large.

Any person or persons violating any of the foregoing provisions shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than twenty-five dollars ($25.00) and not exceeding $100.

History.

1911, ch. 169, § 1, p. 564; am. 1913, ch. 175, § 1, p. 551; am. 1917, ch. 107, § 1, p. 386; reen. C.L., § 1209g; am. 1919, ch. 133, § 1, p. 428; C.S., § 1985; am. 1921, ch. 258, § 1, p. 571; am. 1931, ch. 58, § 1, p. 95; I.C.A.,§ 24-1816.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-2117. Breeding season defined.

The term “breeding season,” as used in the preceding section, shall be construed according to the local custom upon that range.

History.

1919, ch. 133, § 2, p. 428; C.S., § 1986; I.C.A.,§ 24-1817.

§ 25-2118. Animals on open range — No duty to keep from highway.

No person owning, or controlling the possession of, any domestic animal running on open range, shall have the duty to keep such animal off any highway on such range, and shall not be liable for damage to any vehicle or for injury to any person riding therein, caused by a collision between the vehicle and the animal. “Open range” means all uninclosed lands outside of cities, villages and herd districts, upon which cattle by custom, license, lease, or permit, are grazed or permitted to roam.

History.

1961, ch. 249, § 1, p. 415.

CASE NOTES

Application.

This section addresses itself to the problems of increasing the spread of highways and the flow of high-speed traffic through areas of open range grazing of livestock and where liability should be placed when a collision between livestock and auto occurs, and does not address itself to the question of liability of a livestock owner for damage caused by his stock straying across a highway and on to adjoining landowner’s property. Maguire v. Yanke, 99 Idaho 829, 590 P.2d 85 (1978).

The legislature used absolute language in this section because it intended to completely immunize owners in open range areas from liability under any cause of action, while it used more limited language in§ 25-2119 because it intended to absolutely immunize owners from a negligence cause of action only in the limited situation where animals are lawfully present on the highway. Adamson v. Blanchard, 133 Idaho 602, 990 P.2d 1213 (1999).

Construction With Other Statutes.

Sections 25-2118 and 25-2119, enacted simultaneously by the legislature, are in pari materia because they relate to the liability relationship between livestock owners and motorists on the highway. Adamson v. Blanchard, 133 Idaho 602, 990 P.2d 1213 (1999).

Liability when Not on Open Range.

There being no evidence that, in the particular area where plaintiff’s automobile struck defendant’s calf, defendant’s cattle, by custom, license, lease, or permit, were grazed or permitted to roam on “uninclosed” lands, the statute providing that no person owning or controlling a domestic animal lawfully on any highway shall be deemed guilty of negligence thereof did not relieve defendant of liability. Soran v. Schoessler, 87 Idaho 425, 394 P.2d 160 (1964), overruled on other grounds, Moreland v. Adams, 143 Idaho 687, 152 P.3d 558 (2007).

This section impliedly makes it the duty of a person owning, or controlling the possession of, a domestic animal, to keep such animal off the highway, unless the highway is on open range; and does not absolve such person from liability for damages to a vehicle or injury to a person caused by a collision between the vehicle and any such animal, unless the highway is on open range. Corthell v. Pearson, 88 Idaho 295, 399 P.2d 266 (1965); Whitt v. Jarnagin, 91 Idaho 181, 418 P.2d 278 (1966); Maguire v. Yanke, 99 Idaho 829, 590 P.2d 85 (1978).

This section and§ 25-2119 do not impose liability as a matter of law when the animal is not in “open range” or “lawfully” on the highway; however, res ipsa loquitur supplies an inference of negligence unless satisfactorily explained by the animal owner. Griffith v. Schmidt, 110 Idaho 235, 715 P.2d 905 (1985).

— Evidence.

Where the horses were not in “open range” or “lawfully” on the highway, the jury should have been permitted to consider the evidence offered by defendants as to the proper care and enclosures of the horses, which evidence was offered in an attempt to rebut the inference of the negligence and proximate cause. Griffith v. Schmidt, 110 Idaho 235, 715 P.2d 905 (1985).

Livestock Control Ordinance.

Ordinance prohibiting livestock from roaming did not conflict with this section since the ordinance expressly disclaimed any intention to effect tort liability. Benewah County Cattlemen’s Ass’n v. Board of County Comm’rs, 105 Idaho 209, 668 P.2d 85 (1983).

Local Usage.

The question of “custom, license, lease or permit” is resolved by reference to the dominant usage of the area in question. Greer v. Ellsworth, 113 Idaho 979, 751 P.2d 675 (Ct. App. 1988).

Open Range.

Where the bureau of land management (BLM) land undisputedly was unfenced grazing land where cattle were customarily grazed each year under permits issued by the BLM, the surrounding properties were used for grazing, and “Watch for Stock” signs were posted in the vicinity along the highway, the BLM land was open range, even though the cattle could not have entered the BLM land as a matter of right. Greer v. Ellsworth, 113 Idaho 979, 751 P.2d 675 (Ct. App. 1988). Under the three-tiered test of this section land is deemed “open range” if it is (1) unenclosed; (2) located outside of cities, villages and herd districts; and (3) land upon which cattle, by custom, license, lease, or permit, are grazed or permitted to roam. Hubbard v. Howard, 758 F. Supp. 594 (D. Idaho 1990), aff’d, 927 F.2d 609 (9th Cir. 1991).

In wrongful death action by relatives of motorcyclist who was killed after he struck calf on highway, summary judgment was properly granted to property owners. Owners were entitled to immunity since the highway where collision occurred was outside of any city, village, or herd district and, thus, was considered open range. Moreland v. Adams, 143 Idaho 687, 152 P.3d 558 (2007).

Owners of domestic animals are not liable or negligent when the animals cause a highway collision in “open range” or when the animals are “lawfully on any highway.” Arguello v. Lee, Case No. CV-06-485-E-BLW, 2008 U.S. Dist. LEXIS 117103 (D. Idaho Oct. 8, 2008).

— Unenclosed Land.

In action for wrongful death where straying horses collided with automobile, in order to determine whether land is enclosed for the purpose of acquiring immunity under this section, the focus is not on the nature of the land from which the horses strayed so much as it is upon the land in the immediate vicinity of the highway; thus, the fact that there was no question that the land adjacent to highway was unenclosed was controlling and it was of no consequence whether area from which the horses strayed was enclosed or unenclosed. Hubbard v. Howard, 758 F. Supp. 594 (D. Idaho 1990), aff’d, 927 F.2d 609 (9th Cir. 1991).

Rangeland was unenclosed as required by this section where the western end of the enclosure from which horses strayed, the end nearest state highway, was open to other rangeland; there were no obstructions between the west end of the enclosure from which horses strayed and the highway (with the exception of the bureau of land management fence which is not a containment fence); the fence surrounding the enclosure from which horses strayed was an intermittent fence with gaps in some areas; gates were routinely left open to permit cattle and horses to access watering areas; and the land immediately adjacent to the highway was unfenced rangeland belonging to the bureau of land management. Hubbard v. Howard, 758 F. Supp. 594 (D. Idaho 1990), aff’d, 927 F.2d 609 (9th Cir. 1991).

Purpose.

The passage of§ 25-2402 and this section, with their accompanying definition of “open range” in terms of historical use, was not intended to and does not change the law of this state that with the exception of cities, villages, and herd districts, livestock may run at large and graze upon unenclosed lands in this State. Maguire v. Yanke, 99 Idaho 829, 590 P.2d 85 (1978).

§ 25-2119. Owner or possessor of animal not liable for animal on highway.

No person owning, or controlling the possession of, any domestic animal lawfully on any highway, shall be deemed guilty of negligence by reason thereof.

History.

1961, ch. 249, § 2, p. 415.

CASE NOTES

Burden of Proof.

The burden rested on appellant to show his domestic animal was lawfully on the highway; otherwise under this section the implied duty rested upon appellant to keep his animal off the highway, since the land was in a herd district and not on open range. Corthell v. Pearson, 88 Idaho 295, 399 P.2d 266 (1965).

Construction With Other Statutes.

Section 25-2118 and this section, enacted simultaneously by the legislature, are in pari materia because they relate to the liability relationship between livestock owners and motorists on the highway. Adamson v. Blanchard, 133 Idaho 602, 990 P.2d 1213 (1999).

Highways Not on Open Range.

Animals on highway in a herd district are not lawfully on the highway within the meaning of this section, and the owner or person in control thereof may be charged with negligence in not keeping them off the highway. Whitt v. Jarnagin, 91 Idaho 181, 418 P.2d 278 (1966).

Lawfully on Highway.

Where the horses were not on “open range” or “lawfully” on the highway, the jury should have been permitted to consider the evidence offered by defendants as to proper care and enclosures of the horses, which evidence was offered in an attempt to rebut the inference of the negligence and proximate cause. Griffith v. Schmidt, 110 Idaho 235, 715 P.2d 905 (1985). Section 25-2118 and this section do not impose liability as a matter of law when the animal is not in “open range” or “lawfully” on the highway; however, res ipsa loquitur supplies an inference of negligence unless satisfactorily explained by the animal owner. Griffith v. Schmidt, 110 Idaho 235, 715 P.2d 905 (1985).

Owners of domestic animals are not liable or negligent when the animals cause a highway collision in “open range” or when the animals are “lawfully on any highway.” Arguello v. Lee, Case No. CV-06-485-E-BLW, 2008 U.S. Dist. LEXIS 117103 (D. Idaho Oct. 8, 2008).

Legislative Intent.

The legislature used absolute language in§ 25-2118 because it intended to completely immunize owners in open range areas from liability under any cause of action, while it used more limited language in this section, because it intended to absolutely immunize owners from a negligence cause of action only in the limited situation where animals are lawfully present on the highway. Adamson v. Blanchard, 133 Idaho 602, 990 P.2d 1213 (1999).

Open Range.

In wrongful death action by relatives of motorcyclist who was killed after he struck calf on highway, summary judgment was properly granted to property owners. Owners were entitled to immunity since the highway where collision occurred was outside of any city, village, or herd district and, thus, was considered open range. Moreland v. Adams, 143 Idaho 687, 152 P.3d 558 (2007).

Questions for the Jury.

Even if an accident occurs in a herd district, and lawful conditions are not present, the animal owner is not strictly liable; rather, the doctrine of res ipsa loquitur supplies an inference that the animal owner was negligent, but that inference can be rebutted, and when properly placed at issue by the parties, the issues of lawful presence, inference of negligence, and rebuttal of the inference are questions for the trier of facts. Thus, even though the court had determined that the subject land was a herd district, the question of liability had to be left to the jury. Arguello v. Lee, Case No. CV-06-485-E-BLW, 2008 U.S. Dist. LEXIS 117103 (D. Idaho Oct. 8, 2008).

Cited

Soran v. Schoessler, 87 Idaho 425, 394 P.2d 160 (1964).

Chapter 22 TRESPASS OF ANIMALS

Sec.

§ 25-2201. Special lien on trespassing animals.

Any person having a field of [or] 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.

I.C.,§ 25-2201, as added by 1978, ch. 168, § 2, p. 366.

STATUTORY NOTES

Cross References.

Barbed wire fences,§ 35-301 et seq.

Lawful fences,§§ 35-101 and 35-102.

Partition fences,§§ 35-103 to 35-112.

Prior Laws.

Former Chapter 22, which comprised S.L. 1867, p. 80, §§ 9 to 14, 16, 17; R.S., §§ 1320 to 1327; reen. R.C. & C.L. §§ 1292 to 1298; C.S. §§ 1987 to 1994; am. 1927, ch. 138, §§ 1, 2, p. 180; I.C.A.,§§ 24-1901 to 24-1908; am. 1945, ch. 8, § 1, p. 10, was repealed by S.L. 1978, ch. 168, § 1.

Compiler’s Notes.

The bracketed word “or” in the first sentence was inserted by the compiler to supply the probable intended term.

CASE NOTES

Cited

State v. Kelly, 106 Idaho 268, 678 P.2d 60 (Ct. App. 1984); Nelson v. Holdaway Land & Cattle Co., 107 Idaho 550, 691 P.2d 796 (Ct. App. 1984).

Decisions Under Prior Law
Common Law.

Common-law rule that every man must confine his own cattle to his own land does not obtain in this state. Johnson v. Oregon S. L. R.R., 7 Idaho 355, 63 P. 112 (1900).

The right of distress damages feasant, which existed under the common law, is applicable in this state insofar as it is not repugnant to the state’s laws or constitution. Kelly v. Easton, 35 Idaho 340, 207 P. 129 (1922).

Fencing Out.

Landowner is not required to fence against sheep and swine. Spencer v. Morgan, 10 Idaho 542, 79 P. 459 (1905).

If landowner fails to “fence out” cattle lawfully at large, he may not recover for loss caused by such livestock straying upon his uninclosed land. Strong v. Brown, 26 Idaho 1, 140 P. 773 (1914).

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-2202. Perfecting lien.

In order to perfect such a lien the person claiming it shall within twenty-four (24) hours of taking up the livestock, notify the owner, if known, and the county sheriff and local state brand inspector by the best means available. The sheriff and brand inspector shall make information concerning this lien available to the person claiming the lien and they shall attempt to notify the owner of the livestock of the lien and of this chapter by the best available means. The sheriff or state brand inspector shall identify the livestock and provide for the care and feeding of the livestock. They may, if they choose to do so, return such animals to the owner thereof until the viewers have made their decision.

History.

I.C.,§ 25-2202, as added by 1978, ch. 168, § 2, p. 366.

STATUTORY NOTES

Prior Laws.

Former§ 25-2202 was repealed. See Prior Laws,§ 25-2201.

§ 25-2203. Appointment of viewers.

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

History.

I.C.,§ 25-2203, as added by 1978, ch. 168, § 2, p. 366.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Prior Laws.

Former§ 25-2203 was repealed. See Prior Laws,§ 25-2201.

§ 25-2204. Determinations of viewers.

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

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

History.

I.C.,§ 25-2204, as added by 1978, ch. 168, § 2, p. 366.

STATUTORY NOTES

Prior Laws.

Former§ 25-2204 was repealed. See Prior Laws,§ 25-2201.

§ 25-2205. Findings of amount due.

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

History.

I.C.,§ 25-2205, as added by 1978, ch. 168, § 2, p. 366.

STATUTORY NOTES

Prior Laws.

Former§ 25-2205 was repealed. See Prior Laws,§ 25-2201.

Compiler’s Notes.

The words enclosed in parentheses so appeared in the law as enacted.

§ 25-2206. Enforcement of finding.

If the viewers make any finding under this chapter, enforcement of that finding may be either by a sale as provided under the estray law, chapter 23, title 25, Idaho Code, where the finding is against the livestock owner, or by court action.

History.

I.C.,§ 25-2206, as added by 1978, ch. 168, § 2, p. 366.

STATUTORY NOTES

Prior Laws.

Former§ 25-2206 was repealed. See Prior Laws,§ 25-2201.

§ 25-2207. Sale and distribution of proceeds.

If the owner of the livestock cannot be found or is unknown, or if the owner of the livestock fails or refuses to pay any amount found against him within thirty (30) days after the viewers make such finding, such livestock may be sold in accordance with the estray law, chapter 23, title 25, Idaho Code. The state brand inspector or sheriff may pay the lienholder the amount of damages found for him, if such a finding has been made from the proceeds of any sale under the Idaho estray law, or may pay the costs of any proceedings under this act from the proceeds of such sale. Any balance remaining after the sale shall be paid to the owner of the livestock if known, or held as provided for by the Idaho estray law, chapter 23, title 25, Idaho Code.

History.

I.C.,§ 25-2207, as added by 1978, ch. 168, § 2, p. 366.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Prior Laws.

Former§ 25-2207 was repealed. See Prior Laws,§ 25-2201.

Compiler’s Notes.

The term “this act” at the end of the second sentence refers to S.L. 1978, ch. 168, which is compiled as§§ 25-2201 to 25-2211.

§ 25-2208. Livestock not to be moved.

The livestock shall not be moved out of the county where the enclosure is to be found without the written approval of all three (3) viewers or upon court order.

History.

I.C.,§ 25-2208, as added by 1978, ch. 168, § 2, p. 366.

STATUTORY NOTES

Prior Laws.

Former§ 25-2208 was repealed. See Prior Laws,§ 25-2201.

§ 25-2209. Court proceedings.

If either the person claiming the lien or the person owning the livestock commence any civil action in court in regard to the seizure of the livestock, the “viewer” proceedings taken under this chapter may be terminated by the court or the court may require an oral or written report from the viewers, if it chooses to do so, and may either accept the report and act upon it or take the matter on to trial de novo as the court determines.

History.

I.C.,§ 25-2209, as added by 1978, ch. 168, § 2, p. 366.

§ 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.

I.C.,§ 25-2210, as added by 1978, ch. 168, § 2, p. 366.

STATUTORY NOTES

Cross References.

Punishment for misdemeanor when not otherwise provided,§ 18-113.

§ 25-2211. Viewers’ qualifications.

The viewers provided for by this chapter shall not be related to the person appointing that viewer by consanquinity [consanguinity] or affinity within the second degree under the civil system of determining relationship.

History.

I.C.,§ 25-2211, as added by 1978, ch. 168, § 2, p. 366.

STATUTORY NOTES

Compiler’s Notes.

The bracketed word “consanguinity” was inserted by the compiler to correct the spelling found in the enacting session law.

Chapter 23 ESTRAYS

Sec.

§ 25-2301. Stray or estray defined.

Stray or estray means any livestock whose owner is unknown or cannot be located, or any livestock whose owner is known but who permits livestock to roam at large on public or private lands contrary to law or regulation and without permission.

History.

I.C.,§ 25-2301, as added by 1976, ch. 88, § 2, p. 299.

STATUTORY NOTES

Prior Laws.

Former Chapter 23, which comprised 1905, p. 366, §§ 1 (first part), 1a to 1e, 1g, 1i to 1k, 2, 3; 1907, p. 551, §§ 1 (first part), 1a to 1e, 1g, 1i to 1k; R.C., §§ 1299 (first part), 1299a to 1299e, 1299g, 1299i to 1299k, 1300, 1301; 1911, ch. 175, § 1; 1911, ch. 192, § 1; C.L., §§ 1299 to 1299e; 1299g, 1299i, 1299j, 1300, 1301, 1301a; 1919, ch. 160, § 1; 1919, ch. 177, §§ 1 to 3, 5; C.S., §§ 1995 to 2000, 2001-A, 2002, 2004 to 2010; 1921, ch. 120, § 1; 1925, ch. 14, § 1; 1925, ch. 53, § 1; 1927, ch. 61, §§ 1 to 5, 7, 9 to 11; I.C.A.,§§ 24-2001 to 24-2015; 1933, ch. 173, § 4; 1933, ch. 201, § 1; 1947, ch. 119, §§ 1, 2; 1949, ch. 30, §§ 1, 2; 1974, ch. 133, §§ 1, 2, was repealed by S.L. 1976, ch. 88, § 1.

§ 25-2302. Duty of sheriff or brand inspector.

When a sheriff or brand inspector finds stray livestock or stray livestock are reported to him, he shall attempt to locate the owner and to notify the owner where the livestock may be found. If the owner refuses to, or does not take possession of the livestock within five (5) days after being notified of the location of the livestock, or if the owner is unknown or cannot be located, the sheriff or brand inspector shall seize the livestock or have some person hold and care for the livestock on behalf of the sheriff or brand inspector and the sheriff or brand inspector shall proceed to sell the livestock at a local public livestock market as provided for by law to the highest bidder for cash, after giving at least fifteen (15) days public notice of the sale.

History.

I.C.,§ 25-2302, as added by 1976, ch. 88, § 2, p. 299.

STATUTORY NOTES

Prior Laws.

Former§ 25-2302 was repealed. See Prior Laws,§ 25-2301.

§ 25-2303. Notification.

If a recognized brand or mark is found on stray livestock, the owner shall be notified by the best method available. If an unrecognized brand or brands or other marks are found on stray livestock, the local brand inspector or the state brand board shall be notified by the best method available.

History.

I.C.,§ 25-2303, as added by 1976, ch. 88, § 2, p. 299.

STATUTORY NOTES

Cross References.

State brand board,§ 25-1101 et seq.

Prior Laws.

Former§ 25-2303 was repealed. See Prior Laws,§ 25-2301.

§ 25-2304. Notice of sale.

Notice of the sale shall be given by advertising the stray livestock for sale at least twice in a daily newspaper of general circulation in the area where the livestock was found and is being held. The notice shall describe the livestock by giving number, marks, brands, approximate age, sex and any other distinguishing characteristics, and the notice shall describe when and where the livestock will be sold.

History.

I.C.,§ 25-2304, as added by 1976, ch. 88, § 2, p. 299.

STATUTORY NOTES

Prior Laws.

Former§ 25-2304 was repealed. See Prior Laws,§ 25-2301.

§ 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.,§ 25-2305, as added by 1976, ch. 88, § 2, p. 299.

STATUTORY NOTES

Prior Laws.

Former§ 25-2305 was repealed. See Prior Laws,§ 25-2301.

§ 25-2306. Claiming of stray livestock.

The owner of the stray livestock may take possession of the livestock at any time prior to sale by proving ownership and paying the costs relative to taking up and caring for the animal or animals and the costs of advertising, inspection, etc., as set forth in section 25-2309, Idaho Code.

History.

I.C.,§ 25-2306, as added by 1976, ch. 88, § 2, p. 299.

STATUTORY NOTES

Prior Laws.

Former§ 25-2306 was repealed. See Prior Laws,§ 25-2301.

§ 25-2307. Removal without payment prohibited.

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

History.

I.C.,§ 25-2307, as added by 1976, ch. 88, § 2, p. 299.

STATUTORY NOTES

Cross References.

Punishment for misdemeanor when not otherwise provided,§ 18-113.

Prior Laws.

Former§ 25-2307 was repealed. See Prior Laws,§ 25-2301.

§ 25-2308. Sale of unclaimed animals.

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

History.

I.C.,§ 25-2308, as added by 1976, ch. 88, § 2, p. 299.

STATUTORY NOTES

Prior Laws.

Former§ 25-2308 was repealed. See Prior Laws,§ 25-2301.

§ 25-2309. Charges for care, advertising and sale.

The sheriff, brand inspector or person authorized by either of them to feed and care for stray livestock shall receive all actual expenses incurred; but food and care shall not be charged at a rate to exceed two dollars ($2.00) per head per day for cattle and horses nor more than seventy-five cents (75¢) per head per day for other animals from the time that the sheriff or brand inspector is notified that the livestock has been taken up as estray. The sheriff or brand inspector or livestock market shall receive like costs for any time during which the livestock are in their possession. The sheriff or brand inspector may also charge and receive mileage and inspection fees for inspecting any estray livestock for the purpose of determining ownership of the livestock at the rates provided for by law or regulation. Also, standard fees shall be payable for sale by the livestock market and for health and brand inspection and assessments or taxes for sale of livestock as provided for by law.

History.

I.C.,§ 25-2309, as added by 1976, ch. 88, § 2, p. 299.

STATUTORY NOTES

Prior Laws.

Former§ 25-2309 was repealed. See Prior Laws,§ 25-2301.

§ 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.,§ 25-2310, as added by 1976, ch. 88, § 2, p. 299.

STATUTORY NOTES

Prior Laws.

Former§ 25-2310 was repealed. See Prior Laws,§ 25-2301.

§ 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 [unclaimed livestock proceeds 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.,§ 25-2311, as added by 1976, ch. 88, § 2, p. 299; am. 1988, ch. 75, § 42, p. 111.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Prior Laws.

Former§ 25-2311 was repealed. See Prior Laws,§ 25-2301.

Compiler’s Notes.

The bracketed insertion in the first sentence was added by the compiler to correct the name of the referenced account. See§ 25-1173.

§ 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.,§ 25-2312, as added by 1976, ch. 88, § 2, p. 299.

STATUTORY NOTES

Prior Laws.

Former§ 25-2312 was repealed. See Prior Laws,§ 25-2301.

Chapter 24 HERD DISTRICTS

Sec.

§ 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. The provisions of this chapter shall not apply to any herd district or herd ordinance in full force and effect prior to January 1, 1990, but shall apply to any modification thereof.
  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.

1907, p. 126, § 1; reen. R.C. & C.L., § 1302; C.S., § 2011; I.C.A.,§ 24-2101; am. 1990, ch. 222, § 1, p. 589; am. 1996, ch. 322, § 4, p. 1029.

STATUTORY NOTES

Cross References.

Barbed wire fences,§ 35-301 et seq.

Establishment, modification or dissolution of herd districts, presumption of validity,§ 31-857.

Lawful fences,§§ 35-101 and 35-102.

Limitation on powers of commissioners,§ 25-2406.

Partition fences,§§ 35-103 to 35-112.

CASE NOTES

Creation by Ordinance.

Creation of a herd district by ordinance is within the power of the county commissioners. Miller v. Miller, 113 Idaho 415, 745 P.2d 294 (1987).

De Facto Herd District Forbidden.

The trial court erred in restricting the right of livestock owners to roam stock to only those areas where by custom, license, or permit livestock are grazed or permitted to roam, since the adoption of such a rule creates de facto herd districts in areas where by custom livestock have not been permitted to roam and thereby render this chapter unnecessary; the trial court, in effect, applied herd district rules relating to liability for roaming livestock to these areas without requiring the creation of a herd district. Maguire v. Yanke, 99 Idaho 829, 590 P.2d 85 (1978).

Local Livestock Regulation.

The herd district statutes were not intended to preempt, and do not preempt, the field of livestock regulation so as to preclude local regulation; herd district statutes which by their own terms are inapplicable to “open range” areas do not preempt the field of livestock control in such areas. Benewah County Cattlemen’s Ass’n v. Board of County Comm’rs, 105 Idaho 209, 668 P.2d 85 (1983).

Even if it be assumed for the purpose of discussion that the herd district statutes in some degree addressed the same problems as those addressed by a county ordinance prohibiting livestock from roaming, local enactments which merely extend the state law by way of additional restrictions or limitations are not invalid. Benewah County Cattlemen’s Ass’n v. Board of County Comm’rs, 105 Idaho 209, 668 P.2d 85 (1983).

The legislature contemplated a process whereby a majority of the landowners in an area could compel the county to create herd districts and thereby place upon livestock owners within such districts the duty to fence in their stock; there is nothing in that statutory scheme indicating counties may not exercise their police power to control roaming livestock, but rather must ignore any problem and wait until action is forced upon the county by the presentation of a petition for the formation of a herd district. Benewah County Cattlemen’s Ass’n v. Board of County Comm’rs, 105 Idaho 209, 668 P.2d 85 (1983).

Modification by Court.

The district court’s modification of the herd district boundaries by exclusion of federal lands was improper as an exercise of a legislative function by the court; the district court properly should have simply ruled that the herd district was invalid due to the inclusion of federal land. Miller v. Miller, 113 Idaho 415, 745 P.2d 294 (1987).

Purpose.

The intent of the legislature in enacting this chapter was that for areas where the historical use has been one of enclosed lands, the landowners in that area must petition and vote to designate that area a herd district in order to change the Idaho law regarding liability for damage by roaming livestock. Maguire v. Yanke, 99 Idaho 829, 590 P.2d 85 (1978).

Cited

Soran v. Schoessler, 87 Idaho 425, 394 P.2d 160 (1964); Nottingham v. McCormick, 95 Idaho 188, 505 P.2d 1260 (1973).

RESEARCH REFERENCES

Am. Jur. 2d.

§ 25-2402. Petition and requirements for district.

  1. A majority of the owners of taxable real property, including corporations, in any area or district described by metes and bounds and who are also domiciled and resident in the state of Idaho, may petition the board of county commissioners in writing to create, modify or eliminate a herd district in such area; provided, that in the case of a petition for the purpose of eliminating an existing district or any portion thereof, said area must be contiguous to open range. Such petition shall describe the boundaries of the said proposed herd district, and shall designate what animals of the species of horses, mules, asses, cattle, swine, sheep and goats it is desired to prohibit from running at large, also prohibiting said animals from being herded upon the public highways in such district; and shall designate that the herd district shall not apply to nor cover livestock, excepting swine, which shall roam, drift or stray from open range into the district unless the district shall be inclosed by lawful fences and cattle guards as needed in roads penetrating the district so as to prevent livestock, excepting swine, from roaming, drifting or straying from open range into the district; and may designate the period of the year during which it is desired to prohibit such animals from running at large, or being herded on the highways. Such petition may also state the conditions and location(s), if any, for the construction of legal fences and cattle guards which may be required to prohibit the running at large of livestock within the interior of the proposed district; provided, that if such petition does not address the issue of interior fencing and cattle guards, the board of county commissioners shall have the power to establish such internal fencing requirements upon their approval of a proposed district. Provided, any herd district heretofore established shall retain its identity, geographic definition, and remain in full force and effect, until vacated or modified hereafter as provided by section 25-2404, Idaho Code.
  2. Notwithstanding any other provision of law to the contrary, no herd district shall:
    1. Contain any lands owned by the United States of America or the state of Idaho, upon which the grazing of livestock has historically been permitted.
    2. Result in the state, a county, a city or a highway district being held liable for personal injury, wrongful death or property damage resulting from livestock within the public right-of-way.
    3. Prohibit trailing or driving of livestock from one location to another on public roads or recognized livestock trails.
    4. Pay seventy-five percent (75%) of the costs, including on private land, of constructing legal cattle guards required, at the time of the creation or modification of the district only, to control livestock within the interior of the district; provided that (i) the costs of maintaining a cattle guard located on a public right-of-way shall thereafter be paid by the state, county, city or highway district responsible for maintaining the public right-of-way on which the cattle guard is located, or, in the case of a cattle guard located on private land, by the owner(s) of the land on which the cattle guard is constructed as prescribed by chapter 1, title 35, Idaho Code, and that (ii) the costs of constructing and maintaining cattle guards on livestock operations which come into existence after the creation or modification of the district shall be paid by the owner(s) of the land on which the cattle guard is constructed as prescribed by chapter 1, title 35, Idaho Code.
    5. In the case of a new herd district created contiguous to an existing herd district, there shall be no obligation to maintain a legal fence or cattle guards on the border between the new district and the existing district, except to the extent that said fence or cattle guards, or any portion thereof, may be required to control movement of livestock on the interior of the district. In the case of a modification of an existing herd district which alters its borders with open range, there shall be no obligation to maintain a legal fence or cattle guards on its previous border with open range, except to the extent that said fence or cattle guards, or any portion thereof, may be required to control movement of livestock on the interior of the district.
  3. Open range means all uninclosed lands outside cities and villages upon which by custom, license or otherwise, livestock, excepting swine, are grazed or permitted to roam.
  4. The owners of taxable real property within the herd district shall: (a) Pay the costs, including on private land, of constructing and maintaining legal fences as required on the district’s border with open range so as to prevent livestock, excepting swine, from roaming, drifting or straying from open range into the district.
  5. In the case of interior fencing and cattle guards as described in subsections (4)(c) and (d), the owner(s) of private land on which such fencing or cattle guards are constructed shall pay twenty-five percent (25%) of the total cost of their construction, provided that the share of that total cost to be paid by each individual landowner shall be as prescribed by chapter 1, title 35, Idaho Code.
  6. Notwithstanding any provision of law to the contrary, a county shall have the authority to and shall levy an annual property tax not to exceed six hundredths percent (.06%) of market value for assessment purposes on taxable real property within the district for the costs of constructing and maintaining the legal fencing and cattle guards required by the creation or modification of such a herd district; provided that a herd district created on or after January 1, 1990, shall have no force and effect unless and until such a levy is approved, and provided that the revenues derived therefrom may not be used for any other purpose. In the case of a new herd district contiguous to an existing herd district, said levy shall apply, for purposes of constructing legal fences and cattle guards required by the new district, only to owners of taxable real property residing within the new district; but for purposes of maintaining thereafter fences as required on the district’s border with open range, shall apply to owners of taxable real property residing within both the new district and the existing district to which it is contiguous. History.

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

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

1907, p. 126, § 2, reen. R.C. & C.L., § 1303; am. 1919, ch. 184, § 1, p. 565; C.S., § 2012; I.C.A.,§ 24-2102; am. 1935, ch. 90, § 1, p. 171; am. 1947, ch. 75, § 1, p. 120; am. 1953, ch. 118, § 1, p. 172; am. 1963, ch. 264, § 1, p. 674; am. 1983, ch. 120, § 1, p. 313; am. 1985, ch. 56, § 1, p. 109; am. 1990, ch. 222, § 2, p. 589; am. 1996, ch. 322, § 5, p. 1029.

STATUTORY NOTES

Compiler’s Notes.

The “s” enclosed in parentheses so appeared in the law as enacted

Effective Dates.

Section 73 of S.L. 1996, ch. 322 provided that this act shall be in full force and effect on and after January 1, 1997.

CASE NOTES

Alternative to Fencing.

A herd district provides an alternative to landowners who wish to protect their land from damage caused by roaming stock but do not wish, or cannot afford, to fence their land. Easley v. Lee, 111 Idaho 115, 721 P.2d 215 (1986).

County Police Power.

The legislature contemplated a process whereby a majority of the landowners in an area could compel the county to create herd districts and thereby place upon livestock owners within such districts the duty to fence in their stock. There is nothing in that statutory scheme indicating counties may not exercise their police power to control roaming livestock, but rather must ignore any problems and wait until action is forced upon the county by the presentation of a petition for the formation of a herd district. Benewah County Cattlemen’s Ass’n v. Board of County Comm’rs, 105 Idaho 209, 668 P.2d 85 (1983).

Creation of Herd Districts.

Herd districts may still be created in any area not within “open range” as defined in this section. Maguire v. Yanke, 99 Idaho 829, 590 P.2d 85 (1978).

Herd districts may not be created sua sponte by a county but only in response to a petition of a majority of the landowners within a certain area and the creation of a herd district imposes civil liability upon livestock owners when their stock trespasses on the land of another. County ordinance prohibiting livestock from running at large, on the other hand, expressly provided that it should not apply to the resolution of any civil liability and, hence, the purpose and effect of the ordinance in question were different from the purpose and effect of a herd district and the ordinance did not constitute the de facto creation of a herd district. Benewah County Cattlemen’s Ass’n v. Board of County Comm’rs, 105 Idaho 209, 668 P.2d 85 (1983).

The requirement of this section, requiring a herd district to be enclosed by a lawful fence, could not under the provisions of§ 25-2404, be removed in the county commissioners’ order forming the herd district. Easley v. Lee, 111 Idaho 115, 721 P.2d 215 (1986).

Creation of a herd district by ordinance is within the power of the county commissioners. Miller v. Miller, 113 Idaho 415, 745 P.2d 294 (1987).

— Inclusion of Federal Land.

Where the county commissioners by ordinance purported to create a herd district which contained parcels of federal land within its boundaries, the ordinance conflicted with subdivision (2)(a) of this section, and a valid herd district was not created. Miller v. Miller, 113 Idaho 415, 745 P.2d 294 (1987).

— Modification by Court.

The district court’s modification of the herd district boundaries by exclusion of federal lands was improper as an exercise of a legislative function by the court; the district court properly should have simply ruled that the herd district was invalid due to the inclusion of federal land. Miller v. Miller, 113 Idaho 415, 745 P.2d 294 (1987).

Duty of Owner.

Although animals may roam freely in open range areas without their owner’s risking liability, such is not the case in herd districts, where animals may not roam freely and owners incur a duty to keep livestock fenced. Adamson v. Blanchard, 133 Idaho 602, 990 P.2d 1213 (1999).

Effect of Creation of Herd District.

The creation of a herd district in Idaho reinstates the English common law within that district, placing a duty on the livestock owner to fence in his stock and holding him liable for damages caused if his stock escapes onto another’s land, regardless of whether that land is fenced or not. Maguire v. Yanke, 99 Idaho 829, 590 P.2d 85 (1978).

Once a herd district is created, the rule of fencing out, which requires landowners to keep out another’s livestock by construction of a fence no longer applies; rather, an owner of stock who allows animals to run at large in a herd district is guilty of a misdemeanor, and additional civil liability is imposed for damage caused by trespasses of such animals without regard to the condition of the landowner’s fence. Easley v. Lee, 111 Idaho 115, 721 P.2d 215 (1986).

Enclosure of District by Fences.

A herd district, and the liabilities resulting from the formation of a herd district, do not apply to livestock, excepting swine, that roam, drift or stray from open range into the herd district, unless the herd district is enclosed by lawful fences and cattle guards in roads penetrating the district. Easley v. Lee, 111 Idaho 115, 721 P.2d 215 (1986).

Open Range.

The unenclosed lands within a county but outside cities and villages clearly fell within the definition of “open range” and, hence, the county had no authority to create a herd district. Benewah County Cattlemen’s Ass’n v. Board of County Comm’rs, 105 Idaho 209, 668 P.2d 85 (1983).

A rancher has the right to allow his cattle to roam, and he is not liable for injuries caused by ranging livestock on another’s unenclosed lands; but, the owner of the unfenced property is not liable for the injury to the livestock of another ranging on his premises. Bybee v. Clark, 118 Idaho 254, 796 P.2d 131 (1990).

In wrongful death action by relatives of motorcyclist who was killed after he struck calf on highway, summary judgment was properly granted to property owners. Owners were entitled to immunity since the highway where collision occurred was outside of any city, village, or herd district and, thus, was considered open range. Moreland v. Adams, 143 Idaho 687, 152 P.3d 558 (2007).

Purpose.

The passage of this section and§ 25-2118, with their accompanying definition of “open range” in terms of historical use, was not intended to and does not change the law of this state that, with the exception of cities, villages, and herd districts, livestock may run at large and graze upon unenclosed lands in this state. Maguire v. Yanke, 99 Idaho 829, 590 P.2d 85 (1978).

The purpose of the herd district statutes is to provide an alternative to landowners who wish to protect their land from damage caused by roaming stock but do not desire, or are unable, to afford fencing out stray cattle. Etcheverry Sheep Co. v. J.R. Simplot Co., 113 Idaho 15, 740 P.2d 57 (1987).

Trailed or Driven.

Where the sheep were in a shoulder-to-shoulder, close formation under the direction of several drivers, the sheep were not being “herded” upon the highway, but instead were being “trailed” or “driven” by the men in charge of the move. Etcheverry Sheep Co. v. J.R. Simplot Co., 113 Idaho 15, 740 P.2d 57 (1987).

Although animals may not be herded upon the highway in a herd district, the driving of livestock from one location to another on public roads is not prohibited. Adamson v. Blanchard, 133 Idaho 602, 990 P.2d 1213 (1999).

Cited

Nelson v. Holdaway Land & Cattle Co., 107 Idaho 550, 691 P.2d 796 (Ct. App. 1984); Arguello v. Lee, Case No. CV-06-485-E-BLW, 2008 U.S. Dist. LEXIS 117103 (D. Idaho Oct. 8, 2008).

RESEARCH REFERENCES

C.J.S.

§ 25-2403. Notice of hearing petition.

It shall be the duty of the board of county commissioners, after such petition has been filed, to set a date for hearing said petition, notice of which hearing shall be given by posting notices thereof in three (3) conspicuous places in the proposed herd district, and by publication for two (2) weeks previous to said hearing in a newspaper published in the county nearest the proposed herd district.

History.

1907, p. 126, § 3; reen. R.C. & C.L., § 1304; C.S., § 2013; I.C.A.,§ 24-2103.

STATUTORY NOTES

Cross References.

Publication requirements,§ 60-109.

CASE NOTES

Notice Required.

Herd district created without posting notices required by this section is invalid. State v. Catlin, 33 Idaho 437, 195 P. 628 (1921).

Cited

Nelson v. Holdaway Land & Cattle Co., 107 Idaho 550, 691 P.2d 796 (Ct. App. 1984).

RESEARCH REFERENCES

C.J.S.

§ 25-2404. Order creating district.

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

History.

1907, p. 126, § 4; reen. R.C. & C.L., § 1305; C.S., § 2014; I.C.A.,§ 24-2104; am. 1947, ch. 75, § 2, p. 120; am. 1953, ch. 118, § 2, p. 172.

CASE NOTES

Enclosure of District by Fence.

The requirement of§ 25-2402, requiring a herd district to be enclosed by a lawful fence, could not under the provisions of this section, be removed in the county commissioners’ order forming the herd district. Easley v. Lee, 111 Idaho 115, 721 P.2d 215 (1986).

§ 25-2405. Fences on agricultural lands adjacent to public domain — Cattle guards.

The board of county commissioners may provide as a condition in any order creating a herd district which may hereafter be made that any agricultural lands in the proximity of public domain where cattle, horses or mules are grazed, shall be inclosed by a lawful fence and that any road extending from agricultural area to such public domain shall contain cattle guards or gates at such places and of such nature as the board shall prescribe. The board of county commissioners may make its herd district orders inapplicable to cattle, horses or mules straying from such public domain or along roads leading to such public domain until such agricultural lands are inclosed by lawful fence and such cattle guards or gates are installed.

History.

I.C.A.,§ 24-2104A, as added by 1947, ch. 74, § 1, p. 119.

STATUTORY NOTES

Cross References.

Cattle guards across roads in grazing country, landowners may erect,§ 40-2310.

Fences along railroads, public utilities commission may require,§ 62-1201 et seq.

Fences generally,§ 35-101 et seq.

Passageways for stock under highways,§ 40-2314.

Removal of fences when highway altered or new highway opened,§ 40-2317.

Trails for livestock, laying out highways, and rules concerning use,§ 40-2313.

CASE NOTES

Liability.

A rancher has the right to allow his cattle to roam, and he is not liable for injuries caused by ranging livestock on another’s unenclosed lands; but, the owner of the unfenced property is not liable for the injury to the livestock of another ranging on his premises. Bybee v. Clark, 118 Idaho 254, 796 P.2d 131 (1990).

When Fences Are Required.
Cited

Unless within a herd district, Idaho law requires neither the livestock owner nor the land owner to fence. Bybee v. Clark, 118 Idaho 254, 796 P.2d 131 (1990). Cited Petricevich v. Salmon River Canal Co., 92 Idaho 865, 452 P.2d 362 (1969).

§ 25-2406. Limitation on powers of commissioners.

The provisions of sections 25-2401 and 25-2405[, Idaho Code,] shall not be construed to confer upon the board of county commissioners any jurisdiction over animals otherwise prohibited from running at large under existing laws.

History.

1907, p. 126, § 5; reen. R.S. & C.L., § 1306; C.S., § 2015; I.C.A.,§ 24-2105.

STATUTORY NOTES

Compiler’s Notes.

The bracketed insertion in this section was added by the compiler to conform to the statutory citation style.

§ 25-2407. Violation of commissioners’ order — Civil liability.

Any person who shall, in violation of any order made pursuant to the provisions of section 25-2404, Idaho Code, permit or allow any of the animals designated in such order, owned by him or under his control, to run at large in such herd district, or to be herded on the said highway, shall be deemed guilty of a civil offense, for which, within a period of one (1) year, law enforcement officials shall issue a warning on at least the first and second such offense, and thereafter, for which a civil penalty of not to exceed fifty dollars ($50.00) may be imposed per animal unit in violation, the aggregate of which shall not exceed five hundred dollars ($500), plus restitution to the owner for any damage to property. The pendency of any such action shall not prevent nor prejudice the bringing of another action against the same party for a violation of such order committed after the commencement of such pending action. For purposes of this section, an animal unit shall be as defined, at the time of such violation, by federal and state agencies which administer the grazing of livestock on public lands.

History.

1907, p. 126, § 6; reen. R.C. & C.L., § 1307; am. 1919, ch. 184, § 1, p. 565; C.S., § 2016; I.C.A.,§ 24-2106; am. 1990, ch. 222, § 3, p. 589.

STATUTORY NOTES

Effective Dates.

Section 4 of S.L. 1990, ch. 222 declared an emergency and provided that the act should be in effect upon its passage and approval retroactive to January 1, 1990. Approved April 5, 1990.

CASE NOTES

Effect of Creation of District.

Once a herd district is created, the rule of fencing is out which requires landowners to keep out another’s livestock by construction of a fence no longer applies; rather, an owner of stock who allows animals to run at large in a herd district is guilty of a misdemeanor, and additional civil liability is imposed for damage caused by trespasses of such animals without regard to the condition of the landowner’s fences. Easley v. Lee, 111 Idaho 115, 721 P.2d 215 (1986).

Enclosure of District by Fences.

A herd district, and the liabilities resulting from the formation of a herd district, do not apply to livestock, excepting swine, that roam, drift or stray from open range into herd district, unless the herd district is enclosed by lawful fences and cattle guards in roads penetrating the district. Easley v. Lee, 111 Idaho 115, 721 P.2d 215 (1986).

RESEARCH REFERENCES

C.J.S.

§ 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[, Idaho Code], 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.

1907, p. 126, § 7; reen. R.C. & C.L., § 1308; am. 1919, ch. 184, § 1, p. 566; C.S., § 2017; I.C.A.,§ 24-2107.

STATUTORY NOTES

Compiler’s Notes.

The bracketed insertion in the first sentence was added by the compiler to conform to the statutory citation style.

CASE NOTES

Alternative to Fencing.

A herd district provides an alternative to landowners who wish to protect their land from damage caused by roaming stock but do not wish, or cannot afford, to fence their land. Easley v. Lee, 111 Idaho 115, 721 P.2d 215 (1986).

Burden of Proof.

Where the presence of animal on highway in herd district resulted in injury, owner of animal was liable therefor unless he could satisfactorily explain the animal’s presence on the highway. Corthell v. Pearson, 88 Idaho 295, 399 P.2d 266 (1965).

Cost for Care of Livestock.

Pursuant to this section, the plaintiff can recover the reasonable costs of caring for the livestock lawfully retained for a reasonable period. Nelson v. Holdaway Land & Cattle Co., 107 Idaho 550, 691 P.2d 796 (Ct. App. 1984).

Damages.

The district court did not err in awarding nominal damages for damages caused by a previous trespass where the landowner failed to prove actual damages. Nelson v. Holdaway Land & Cattle Co., 111 Idaho 1035, 729 P.2d 1098 (Ct. App. 1986).

Effect of Creation of District.

Once a herd district is created, the rule of fencing out which requires landowners to keep out another’s livestock by construction of a fence no longer applies. Rather, an owner of stock who allows animals to run at large in a herd district is guilty of a misdemeanor, and additional civil liability is imposed for damage caused by trespasses of such animals without regard to the condition of the landowner’s fence. Easley v. Lee, 111 Idaho 115, 721 P.2d 215 (1986).

Enclosure of District by Fences.

A herd district, and the liabilities resulting from the formation of a herd district, do not apply to livestock, excepting swine, that roam, drift or stray from open range into the herd district, unless the herd district is enclosed by lawful fences and cattle guards in roads penetrating the district. Easley v. Lee, 111 Idaho 115, 721 P.2d 215 (1986).

Evidence.

A finding is not clearly erroneous if it is supported by substantial and competent, though conflicting, evidence; thus, where the testimony and exhibits revealed a wheat field heavily infested with weeds, and one or more of several causes, all supported by the record, could have brought the weeds to the field including farm equipment, wild animals, other livestock, and plaintiff’s own farming practices, and testimony at trial indicated that factors other than the weeds, such as the late harvest, contributed to the reduced yield, the trial court’s findings that plaintiff’s field was in poor condition before the cattle trespassed and that other factors could have caused the weed infestation was not clearly erroneous. Nelson v. Holdaway Land & Cattle Co., 107 Idaho 550, 691 P.2d 796 (Ct. App. 1984).

Hearing.

The court did not abuse its discretion in refusing to allow an evidentiary hearing in place of the requested written proposals as an aid in determining damages. Nelson v. Holdaway Land & Cattle Co., 111 Idaho 1035, 729 P.2d 1098 (Ct. App. 1986).

Presumption of Negligence.

Where defendant’s horse was upon the roadway in a herd district, there was a presumption of negligence in letting the horse run free, which the defendant, who could offer no explanation of freedom of his horse, did not overcome. Cunningham v. Bundy, 100 Idaho 456, 600 P.2d 132 (1979).

§ 25-2409. Trespassing animals may be taken up.

Any person may take into custody any of the animals specified in the said order of the board of commissioners that may be about to commit a trespass upon the premises owned, occupied or in charge of such person, and retain the same until all reasonable charges for keeping said animals are paid: provided, that it shall be the duty of the person so taking said animals into custody to notify the owner or person in charge of the same within five (5) days thereafter, and if the owner or person in charge of them shall not be known to the person so taking said animals into custody, and cannot be found after diligent search and inquiry, he may proceed in the manner provided for the taking up and disposal of estrays.

History.

1907, p. 126, § 8; reen. R.C. & C.L., § 1309; C.S., § 2018; I.C.A.,§ 24-2108.

STATUTORY NOTES

Cross References.

Taking up and disposal of estrays,§ 25-2301 et seq.

RESEARCH REFERENCES

C.J.S.

§ 25-2501. Board created.

  1. There is hereby created in the department of self-governing agencies the Idaho horse board. The board shall be composed of seven (7) members, each of whom shall be appointed by the governor from a list of nominees recommended by the Idaho horse council. The horse council shall recommend at least four (4) names for each appointment, and the governor shall appoint from the nominees recommended. The membership of the board shall consist at all times of members representing the following interests:
    1. Two (2) members shall at all times be representative of horse racing interests;
    2. One (1) member shall at all times be representative of trail pleasure riding interests and one (1) member shall at all times be representative of general horse interests;
    3. Two (2) members shall at all times be representative of show interests; and
    4. One (1) member shall at all times be representative of breeding interests.
  2. Each member of the board shall be a citizen of the United States and a bona fide resident of this state, and a member of the Idaho horse council. During a term of office, a member must continue to possess all of the qualifications necessary for appointment. Failure to maintain such qualifications shall be cause for removal from office. The governor may remove any board member at will.
  3. On July 1, 1987, the governor shall appoint three (3) members, each for a term of one (1) year; two (2) members, each for a term of two (2) years; and two (2) members each for a term of three (3) years. Thereafter, the term of office shall be three (3) years.
  4. Vacancies in any unexpired term shall be filled by appointment by the governor for the remainder of the unexpired term. The member appointed to fill a vacancy shall represent the same interest as the member whose office has become vacant from a list of four (4) nominees submitted by the Idaho horse council.

History.

I.C.,§ 25-2501, as added by 1987, ch. 214, § 1, p. 457.

STATUTORY NOTES

Cross References.

Department of self-governing agencies,§ 67-2601 et seq.

Prior Laws.

Former§§ 25-2501 to 25-2508, which comprised S.L. 1927, ch. 250, §§ 1 to 8, p. 413; I.C.A.,§§ 24-2201 to 24-2208; am. 1937, ch. 105, §§ 1, 2, p. 157; am. 1945, ch. 13, §§ 1, 2, p. 17, were repealed by S.L. 1950 (1st E.S.), ch. 50, § 26, p. 61, and S.L. 1951, ch. 250, § 27, p. 527.

Compiler’s Notes.

For further information on the Idaho horse council, see http://idahohorsecouncil.com/ .

§ 25-2502. Officers — Meetings — Expenses.

  1. The board shall annually elect a chairman, a vice-chairman and a secretary-treasurer from among its members. The board shall meet regularly once each six (6) months, and at such other times as called by the chairman or when requested by two (2) or more members of the board.
  2. In the performance of official duties, each board member shall be compensated as provided in section 59-509(f), Idaho Code.
  3. No funds raised pursuant to section 25-2505, Idaho Code, shall be used for travel or expenses outside the state of Idaho.

History.

I.C.,§ 25-2502, as added by 1987, ch. 214, § 1, p. 457.

STATUTORY NOTES

Prior Laws.

Former§ 25-2502 was repealed. See Prior Laws,§ 25-2501.

§ 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.

I.C.,§ 25-2503, as added by 1987, ch. 214, § 1, p. 457.

STATUTORY NOTES

Cross References.

State brand board,§ 25-1101 et seq.

Prior Laws.

Former§ 25-2503 was repealed. See Prior Laws,§ 25-2501.

§ 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.

I.C.,§ 25-2504, as added by 1987, ch. 214, § 1, p. 457.

STATUTORY NOTES

Prior Laws.

Former§ 25-2504 was repealed. See Prior Laws,§ 25-2501.

§ 25-2505. Assessments — Collection.

  1. There is hereby levied and imposed upon all horses an assessment of one dollar ($1.00) per head to be paid by the owner. The assessment shall increase to three dollars ($3.00) per head if a referendum held as provided in section 25-2510(1), Idaho Code, results in a majority vote favoring the three dollar ($3.00) per head assessment.
  2. The assessment levied and imposed in this section shall be collected on all brand inspections completed on horses in the state of Idaho. Any person may purchase an Idaho horse board paid assessment card for one hundred dollars ($100) from the Idaho horse board. The paid assessment card shall be evidence to the state brand board, by and through the state brand inspector or a designated agent thereof, at the time a brand inspection fee is collected as provided in section 25-1160, Idaho Code, that the assessment due pursuant to this section has been paid. A paid assessment card shall be valid for a period of one (1) year from the date of purchase.
  3. The state brand inspector shall collect the assessment in addition to, at the same time, and in the same manner as the fee charged for state brand inspections. The assessment so collected belongs to and shall be paid to the Idaho horse board, either directly or later by remittance together with a report detailing collection of the assessment. The board shall reimburse the state brand inspector for the reasonable and necessary expenses incurred for such collection, in an amount determined by the board and the inspector.

History.

I.C.,§ 25-2505, as added by 1987, ch. 214, § 1, p. 457; am. 2000, ch. 312, § 2, p. 1049; am. 2006, ch. 202, § 1, p. 618.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-1103.

Prior Laws.

Former§ 25-2505 was repealed. See Prior Laws,§ 25-2501.

Amendments.

The 2006 amendment, by ch. 202, in subsection (1), substituted “one dollar” for “three dollars” in the first sentence, substituted “increase to three dollars per head” for “revert to one dollar” and “favoring the three dollar per head assessment” for “opposing the three dollar assessment” in the second sentence, and deleted the last sentence, which formerly read: “A reversion to a one-dollar ($1.00) assessment shall be effective on the date the director of the department of agriculture announces, as provided in section 25-510, Idaho Code, that the referendum resulted in a majority vote opposing the three dollar ($3.00) assessment”; and added the last two sentences in subsection (2).

Compiler’s Notes.

In 2006, the referendum referenced in subsection (1) was held and a majority vote of the qualified electors approved an increase of the annual assessment to $3.00.

§ 25-2506. Deposit and disbursement of funds.

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

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

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

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

History.

I.C.,§ 25-2506, as added by 1987, ch. 214, § 1, p. 457; am. 1993, ch. 133, § 1, p. 328.

STATUTORY NOTES

Cross References.

State treasurer,§ 67-1201 et seq.

Prior Laws.

Former§ 25-2506 was repealed. See Prior Laws,§ 25-2501.

§ 25-2507. Bonding — Records — Audits.

The person or persons who receive and disburse the moneys of the board shall be bonded by and in an amount to be determined by the board.

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

History.

I.C.,§ 25-2507, as added by 1987, ch. 214, § 1, p. 457; am. 1993, ch. 327, § 12, p. 1186.

STATUTORY NOTES

Cross References.

Legislative council,§ 67-427 et seq.

Prior Laws.

Former§ 25-2507 was repealed. See Prior Laws,§ 25-2501.

Compiler’s Notes.

Section 41 of S.L. 1993, ch. 327 read: “All employees employed by the Joint Senate Finance-House Appropriations Committee, the Legislative Auditor or Legislative Budget Office on June 30, 1993, shall be transferred to the Legislative Council and shall be deemed to be employees of the Legislative Council on July 1, 1993. All moneys which have been appropriated to and been encumbered by the Joint Senate Finance-House Appropriations Committee, the Legislative Budget Office and the Legislative Auditor on June 30, 1993, shall be transferred to the Legislative Council and shall be deemed to be encumbered by that body. All moneys appropriated to the Joint Senate Finance-House Appropriations Committee for the Legislative Auditor and the Legislative Budget Office are deemed appropriated to the Legislative Council for the same period and purpose.”

§ 25-2508. Assessment liens.

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

History.

I.C.,§ 25-2508, as added by 1987, ch. 214, § 1, p. 457.

STATUTORY NOTES

Prior Laws.

Former§ 25-2508 was repealed. See Prior Laws,§ 25-2501.

§ 25-2509. Assessment is mandatory.

The assessment levied by the provisions of this chapter is mandatory and failure or refusal to pay the assessment shall constitute a misdemeanor.

History.

I.C.,§ 25-2509, as added by 1987, ch. 214, § 1, p. 457.

STATUTORY NOTES

Cross References.

Punishment for misdemeanor when not otherwise provided,§ 18-113.

§ 25-2510. Referendum for horse owners.

  1. A referendum may be held at the discretion of the horse board to determine if horse owners favor an increase from one dollar ($1.00) to three dollars ($3.00) in the mandatory assessment prescribed in section 25-2505, Idaho Code. The question shall be made available to all horse owners who had a brand inspection the year prior to the referendum. Horse owners who have been issued a lifetime brand inspection after July 1, 2004, are also eligible to participate in the referendum and may do so by requesting a ballot from the Idaho horse board. The Idaho horse board shall publish notice of the referendum once a week for four (4) consecutive weeks, with the last notice being published one (1) week prior to the referendum, in a newspaper of general circulation in each county in the state. The notice shall set forth the process and procedures for voting. Any horse owner eligible to vote in the referendum, and who wishes to vote, shall contact the Idaho horse board for an official ballot as set forth in the notice. Voting on the referendum shall be open for thirty (30) days. Voting shall be by secret ballots upon which the words “Do you favor an increase from one dollar ($1.00) to three dollars ($3.00) in the mandatory assessment to fund the Idaho Horse Board?” are printed with a square before each of the printed words “YES” and “NO” with directions to insert an “X” mark in the square before the proposition which the voter favors. If a majority of the referendum vote is in favor of the mandatory assessment of three dollars ($3.00), the provisions of section 25-2505, Idaho Code, shall be extended indefinitely or until such time that the horse board deems it necessary to hold another referendum on the issue. If a majority of the referendum vote is against the three dollar ($3.00) assessment, the assessment shall remain at one dollar ($1.00). If the referendum receives a majority vote in favor of the increase, the assessment shall be increased to three dollars ($3.00) on the date the director of the department of agriculture announces the results of the referendum.
  2. After five (5) years from the effective date of the referendum required in subsection (1) of this section, and every five (5) years thereafter, a referendum on the continuation of the mandatory assessment to fund the Idaho horse board may be held at the petition of horse owners, or at the request of the Idaho horse board. The question shall be submitted to all horse owners who paid an assessment the year before the referendum and by owners who hold a lifetime brand inspection issued since July 1, 1993. The question shall be submitted by secret ballots upon which the words, “Do you favor the continuation of a mandatory assessment to fund the Idaho Horse Board?” are printed with a square before each of the printed words “YES” and “NO” with directions to insert an “X” mark in the square before the question which the voter favors. If a majority of the referendum vote is in favor of continuing the mandatory assessment, all of the provisions of chapter 25, title 25, Idaho Code, shall continue. If a majority of the referendum vote is against continuing the mandatory assessment, the assessment imposed in section 25-2505, Idaho Code, shall cease to be mandatory on the date the director of the department of agriculture announces the results of the referendum vote. The procedures necessary to initiate a referendum under this subsection are as follows: (a) A referendum shall be held if the Idaho department of agriculture receives a petition requesting such a referendum signed by ten percent (10%) or more of horse owners who have had a brand inspection, in either of the two (2) immediate past years; or
  3. Any referendum held pursuant to subsections (1) and (2) of this section shall be conducted as follows:
    1. Any referendum must be supervised by the Idaho department of agriculture.
    2. Any referendum shall be held, and the result determined and declared by the director of the department of agriculture, and recorded in the office of the secretary of state.
    3. Notice of any referendum must be given by the Idaho horse board in the manner set forth in subsection (1) of this section. The ballots must be prepared by the Idaho horse board and be made available to eligible owners. Returned ballots shall be delivered to the Idaho department of agriculture, main office.
    4. The Idaho horse board shall pay the costs of any referendum.

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

History.

I.C.,§ 25-2510, as added by 1993, ch. 133, § 2, p. 328; am. 1997, ch. 39, § 1, p. 73; am. 2000, ch. 312, § 1, p. 1049; am. 2001, ch. 183, § 7, p. 613; am. 2006, ch. 202, § 2, p. 618.

STATUTORY NOTES

Cross References.

Director of department of agriculture,§ 22-101.

Secretary of state,§ 67-901 et seq.

Amendments.

The 2006 amendment, by ch. 202, in subsection (1), in the first sentence, substituted “A referendum may be held at the discretion of the horse board” for “Within three (3) years from July 1, 2000, a referendum shall be held,” in the second sentence, substituted “made available” for “submitted,” in the third sentence, substituted “July 1, 2004” for “July 1, 2000,” inserted the fourth through seventh sentences, in the next-to-last sentence, deleted “provided in section 25-505, Idaho Code” following the first occurrence of “assessment,” and substituted “shall remain at one dollar” for “shall revert to one dollar,” and in the last sentence, added the proviso, and the language increasing the assessment; and in subsection (3)(c), substituted the subsection reference for “determined by it” and “be made available” for “forwarded.”

Compiler’s Notes.

In 2006, the referendum referenced in this section was held and a majority vote of the qualified electors approved an increase of the annual assessment to $3.00.

Effective Dates.

Section 2 of S.L. 1997, ch. 39 declared an emergency. Approved March 12, 1997.

Chapter 26 EXTERMINATION OF WILD ANIMALS AND PESTS IN COUNTIES

Sec.

§ 25-2601. Control of pests — Powers of county commissioners.

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

History.

1951, ch. 275, § 1, p. 578; am. and redesig. 1989, ch. 210, § 1, p. 514; am. 1994, ch. 80, § 1, p. 182.

STATUTORY NOTES

Prior Laws.

Former§§ 25-2601 to 25-2604, which comprised R.S., §§ 1760 to 1760c; am. 1890 to 1891, p. 31, § 1; reen. 1899, p. 20, § 1; am. 1912, ch. 10, § 1, p. 46; am. 1913, ch. 162, p. 531; reen. R.C. & C.L., §§ 1935 to 1938; C.S., §§ 3475 to 3478; I.C.A.,§§ 24-2301 to 24-2304, were repealed by S.L. 1951, ch. 275, § 12, p. 578.

Compiler’s Notes.

This section was formerly compiled as§ 25-2618.

§ 25-2602. Levy of taxes — Appropriation — Pest fund.

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

History.

1951, ch. 275, § 2, p. 578; am. and redesig. 1989, ch. 210, § 2, p. 514.

STATUTORY NOTES

Prior Laws.

Former§ 25-2602 was repealed. See Prior Laws,§ 25-2601.

Compiler’s Notes.

This section was formerly compiled as§ 25-2619.

The term “this act” in the first and last sentences refers to S.L. 1951, ch. 275, which is compiled as§§ 25-2601 to 25-2607 and 25-2609 to 25-2611.

§ 25-2603. Manner of control of pests and payment of costs.

The board of county commissioners of any county infested with any agricultural pests may provide for the control of any such pests in any manner they may see fit, and any expenses incurred by them in conducting any such control program, for materials, labor or supervision, shall be a proper charge against said county pest fund, to be approved and paid as other claims against the county are approved and paid.

History.

1951, ch. 275, § 3, p. 578; am. and redesig. 1989, ch. 210, § 3, p. 514.

STATUTORY NOTES

Prior Laws.

Former§ 25-2603 was repealed. See Prior Laws,§ 25-2601.

Compiler’s Notes.

This section was formerly compiled as§ 25-2620.

§ 25-2604. Control districts.

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

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

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

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

1951, ch. 275, § 4, p. 578; am. 1971, ch. 141, § 1, p. 594; am. 1974, ch. 299, § 1, p. 1760; am. 1982, ch. 254, § 3, p. 646; am. and redesig. 1989, ch. 210, § 4, p. 514; am. 1995, ch. 118, § 14, p. 417.

STATUTORY NOTES

Prior Laws.

Former§ 25-2604 was repealed. See Prior Laws,§ 25-2601.

Compiler’s Notes.

This section was formerly compiled as§ 25-2621.

The bracketed word “and” in the first paragraph was inserted by the compiler to supply a term inadvertently dropped by the 1974 amendment of this section.

§ 25-2605. Purchase and sale of supplies — Rules and regulations regarding use.

The board of county commissioners of any county is hereby authorized to purchase such supplies and equipment as may be necessary to carry out any control program adopted by them, to prepare the same for use, and sell the same at cost to the owners, occupants and lessees of lands infested by any agricultural pests, and also to adopt such rules and regulations governing the use of such supplies and equipment as may be necessary to prevent the same from doing any damage to the livestock or property of another, whether on public or private lands. Such commissioners are also empowered to engage such person or persons as may be necessary to supervise any control program adopted by them, and control any such agricultural pests, and to pay such person or persons a reasonable compensation for their services in addition to their reasonable and actual living and traveling expenses.

History.

1951, ch. 275, § 5, p. 578; am. and redesig. 1989, ch. 210, § 5, p. 514.

STATUTORY NOTES

Prior Laws.

Former§§ 25-2605 to 25-2607, which comprised S.L. 1907, p. 24, §§ 1 to 3; am. 1913, ch. 157, § 1, p. 526; reen. R.C. & C.L., §§ 1940 to 1942; C.S., §§ 3479 to 3481; I.C.A.,§§ 24-2305 to 24-2307, were repealed by S.L. 1951, ch. 275, § 12, p. 578.

Compiler’s Notes.

This section was formerly compiled as§ 25-2622.

§ 25-2606. Right of entry.

The board of county commissioners of any county engaging in the control of agricultural pests as defined under the provisions of this chapter may compensate for or provide supplies and authorize a person or persons employed as provided in this act, to control agricultural pests within such county; and any person or persons so authorized is hereby empowered and directed to enter upon any farm, railroad right-of-way, irrigation ditches and rights-of-way, grounds, or premises where there are agricultural pests to ascertain conditions and to control such agricultural pests thereon when the owner or occupant shall neglect or refuse to do so.

History.

1951, ch. 275, § 6, p. 578; am. and redesig. 1989, ch. 210, § 6, p. 514.

STATUTORY NOTES

Prior Laws.

Former§ 25-2606 was repealed. See Prior Laws,§ 25-2605.

Compiler’s Notes.

This section was formerly compiled as§ 25-2623.

The term “this act” near the middle of this section refers to S.L. 1951, ch. 275, which is compiled as§§ 25-2601 to 25-2607 and 25-2609 to 25-2611.

§ 25-2607. Notice to owner.

It shall be the duty of the person or persons so authorized to give anyone on whose premises are found agricultural pests, ten (10) days’ notice in writing, to control the same; or if such land is unoccupied and owned by a nonresident, such notice shall be mailed to the owner’s address, or if the address is unknown, posted upon the land or premises where such agricultural pests are to be controlled; and if upon the land or right-of-way of any railroad company, such notice may be served upon its agent at the station nearest to such land or right-of-way; and if the work of controlling same is not done within such time, the person or persons so authorized by the county commissioners shall proceed to control such agricultural pests on such land or premises; provided that such person or persons shall use every precaution to prevent the destruction of domestic fowl or animals.

History.

1951, ch. 275, § 7, p. 578; am. and redesig. 1989, ch. 210, § 7, p. 514.

STATUTORY NOTES

Prior Laws.

Former§ 25-2607 was repealed. See Prior Laws,§ 25-2605.

Compiler’s Notes.

This section was formerly compiled as§ 25-2624.

§ 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.

I.C.,§ 25-2625, as added by 1974, ch. 299, § 3, p. 1760; am. and redesig. 1989, ch. 210, § 8, p. 514.

STATUTORY NOTES

Prior Laws.

Former§§ 25-2608 and 25-2609, which comprised S.L. 1913, ch. 129, §§ 1, 2, p. 476; compiled and reen. C.L., §§ 1942a, 1942b; C.S. §§ 3482, 3483; I.C.A.,§§ 24-2308, 24-2309, were repealed by S.L. 1951, ch. 275, § 12, p. 578.

Compiler’s Notes.

This section was formerly compiled as§ 25-2625.

§ 25-2609. Poisoned baits.

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

History.

1951, ch. 275, § 9, p. 578; am. and redesig. 1989, ch. 210, § 9, p. 514.

STATUTORY NOTES

Prior Laws.

Former§ 25-2609 was repealed. See Prior Laws,§ 25-2608.

Compiler’s Notes.

This section was formerly compiled as§ 25-2626.

§ 25-2610. Cooperation with state and federal agencies.

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

History.

1951, ch. 275, § 10, p. 578; am. and redesig. 1989, ch. 210, § 10, p. 514.

STATUTORY NOTES

Prior Laws.

Former§§ 25-2610 to 25-2613, which comprised of S.L. 1919, ch. 22, §§ 1 to 5, p. 87; C.S., §§ 3484 to 3487; I.C.A.,§§ 24-2310 to 24-2313, were repealed by S.L. 1951, ch. 275, § 12, p. 578.

Compiler’s Notes.

This section was formerly compiled as§ 25-2627.

§ 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.

1951, ch. 275, § 11, p. 578; am. and redesig. 1989, ch. 210, § 11, p. 514.

STATUTORY NOTES

Prior Laws.

Former§ 25-2611 was repealed. See Prior Laws,§ 25-2610.

Compiler’s Notes.

This section was formerly compiled as§ 25-2628.

For further information on the university of Idaho extension, see http://www.uidaho.edu/extension .

§ 25-2612. Animal damage control districts.

  1. There are hereby established five (5) animal damage control districts in the state of Idaho.
    1. Animal damage control district number 1 shall consist of the counties of Benewah, Bonner, Boundary, Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce and Shoshone.
    2. Animal damage control district number 2 shall consist of the counties of Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley and Washington.
    3. Animal damage control district number 3 shall consist of the counties of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka and Twin Falls.
    4. Animal damage control district number 4 shall consist of the counties of Bannock, Bear Lake, Bingham, Caribou, Franklin, Oneida and Power.
    5. 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.

I.C.,§ 25-2629, as added by 1985, ch. 63, § 12, p. 125; am. and redesig. 1989, ch. 210, § 12, p. 514.

STATUTORY NOTES

Prior Laws.

Former§ 25-2612 was repealed. See Prior Laws,§ 25-2610.

Compiler’s Notes.

This section was formerly compiled as§ 25-2629.

§ 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.

1951, ch. 250, § 2, p. 527; am. 1971, ch. 136, § 12, p. 522; am. 1974, ch. 18, § 98, p. 364; am. 1985, ch. 63, § 3, p. 125; am. 1986, ch. 212, § 1, p. 546; am. and redesig. 1997, ch. 116, § 2, p. 289; am. and redesig. 1998, ch. 205, § 3, p. 726; am. 2012, ch. 117, § 25, p. 321.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Fish and game department,§ 36-101 et seq.

Sheep and goat health board,§ 25-126 et seq.

Amendments.

The 2012 amendment, by ch. 117, substituted “Idaho sheep and goat health board” for “board of sheep commissioners” in subsection (1) and “Idaho sheep and goat health board” for “state board of sheep commissioners” in subsection (4).

Compiler’s Notes.

This section was formerly compiled as§ 25-128A and amended and redesignated as§ 25-2612A by S.L. 1998, ch. 205, § 3.

The amendment and redesignation of this section by S.L. 1998, ch. 205, § 3, became effective September 23, 1998, upon referendum approval of the provisions of the act by wool growers. For further details about this referendum, see the text of§ 25-160.

For further information on the Idaho cattle association, see http://www.idahocattle.org/ .

RESEARCH REFERENCES

Idaho Law Review.

Idaho Law Review. — One Bird Causing a Big Conflict: Can Conservation Agreements Keep Sage Grouse Off the Endangered Species List?, Comment. 49 Idaho L. Rev. 621 (2013).

The Original Role of the States in the Endangered Species Act, John Copeland Nagle. 53 Idaho L. Rev. 385 (2017).

§ 25-2613. Short title.

This act shall be known and may be cited as the “Control of Wild Animals and Pests in Counties Act.”

History.

I.C.,§ 25-2613, as added by 1989, ch. 210, § 13, p. 514.

STATUTORY NOTES

Prior Laws.

Former§ 25-2613 was repealed. See Prior Laws,§ 25-2610.

Compiler’s Notes.

The term “This act” refers to S.L. 1989, ch. 210, which is compiled as§§ 25-2601 to 25-2613.

§ 25-2614 — 25-2617. Costs charged as taxes — Poisoned baits — Cooperation with state and federal agencies — Extension division of university to furnish poisons. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised S.L. 1919, ch. 22, §§ 5 to 7, 10; C.S., §§ 3488 to 3491; am. 1927, ch. 75, § 1, p. 94; I.C.A.,§§ 24-2314 to 24-2317, were repealed by S.L. 1951, ch. 275, § 12, p. 578.

§ 25-2618 — 25-2625. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§§ 25-2618 to 25-2625 were amended and redesignated as§§ 25-2601 to 25-2608 by §§ 1 to 8 of S.L. 1989, ch. 210.

§ 25-2626. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2626 was amended and redesignated as§ 25-2609 by § 9 of S.L. 1989, ch. 210.

§ 25-2627, 25-2628. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§§ 25-2627 and 25-2628 were amended and redesignated as§§ 25-2610, 25-2611 by §§ 10 and 11 of S.L. 1989, ch. 210.

§ 25-2629. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2629 was amended and redesignated as§ 25-2612 by § 12 of S.L. 1989, ch. 210.

Chapter 27 IDAHO COMMERCIAL FEED LAW

Sec.

§ 25-2701. Title.

This chapter shall be known as the “Idaho Commercial Feed Law.”

History.

1953, ch. 243, § 1, p. 366; am. and redesig. 2006, ch. 57, § 1, p. 168.

STATUTORY NOTES

Prior Laws.

Former§§ 25-2701 to 25-2714 were repealed by S.L. 1953, ch. 243, § 15, p. 366:

Sections 25-2701 to 25-2711 were comprised of S.L. 1929, ch. 276, §§ 1 to 11, p. 637; I.C.A.,§§ 24-2501 to 24-2511; am. 1947, ch. 76, §§ 3 to 6, p. 121.

Section 25-2712 was comprised of I.C.A.,§ 24-12 as added by 1941, ch. 96, § 1, p. 175; am. 1947, ch. 76, § 7, p. 121.

Sections 25-2713 and 25-2714 were comprised of I.C.A.,§§ 24-2513, 24-2514 as added by 1947, ch. 76, §§ 8, 9, p. 121.

Amendments.

The 2006 amendment, by ch. 57, renumbered this section from§ 25-2715 and substituted “chapter” for “act.”

§ 25-2702. Enforcing official.

This chapter shall be administered by the director of the department of agriculture of the state of Idaho, hereinafter referred to as the “director.”

History.

1953, ch. 243, § 2, p. 366; am. 1974, ch. 18, § 160, p. 364; am. and redesig. 2006, ch. 57, § 2, p. 168.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Prior Laws.

Former§ 25-2702 was repealed. See Prior Laws,§ 25-2701.

Amendments.

The 2006 amendment, by ch. 57, renumbered this section from§ 25-2716 and substituted “chapter” for “act.”

§ 25-2703. Definitions.

When used in this chapter:

  1. The term “animal remedy” means any drug, combination of drugs, pharmaceutical, proprietary medicine, veterinary biologics, or combination of drugs and other ingredients, other than for food or cosmetic purposes, which is prepared or compounded for any animal use except man, or materials other than food intended to affect the structure or any function of the body of animals other than man. This term does not include medicated feeds.
  2. The term “brand name” means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.
  3. The term “commercial feed” means all materials or combination of materials which are distributed or intended for distribution for use as feed, or for mixing in feed for poultry and animals other than man except:
    1. Unmixed whole seeds and physically altered entire unmixed seeds, when such whole or physically altered seeds are not chemically changed or are not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.
    2. Seeds mixed and planted as such mixture, grown and harvested as one (1) crop and processed as one (1) mixture when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.
    3. All hay, except commercially dehydrated legumes and grasses and when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.
    4. Whole or ground straw, stover, silage, cobs, husks, hulls, wet or pressed beet pulp, pea screenings and beet discard molasses when not mixed with other materials and when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.
    5. Live, whole or unprocessed animals when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.
    6. Animal remedies when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.
    7. Individual mineral substances when not mixed with another material and when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.
    8. Certain processing byproducts or production waste, identified by the director in rule, without further processing, received by the end user directly from the food processor when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code.
  4. The term “contract feeder” means a person who as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished, or otherwise provided to such person and whereby such person’s remuneration is determined, all or in part, by feed consumption, mortality, profits, or amount or quality of product.
  5. The term “customer-formula feed” means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser, end user or consumer. Customer-formula feed does not include commercial feeds which are used as ingredients in other commercial feed or are offered for retail or further distribution.
  6. The term “department” means the Idaho department of agriculture.
  7. The term “director” means the director of the Idaho department of agriculture or the director’s authorized agent.
  8. The term “distribute” means to offer for sale, sell, exchange or barter commercial feeds in or into this state; or to supply, furnish, or otherwise provide commercial feed to a contract feeder.
  9. The term “distributor” means any person who distributes.
  10. The term “drug” means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body.
  11. The term “feed ingredient” means each of the constituent materials making up a commercial feed.
  12. The term “label” means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.
  13. The term “labeling” means all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrapper, or accompanying such commercial feed. This includes statements and promotion on company websites or other internet based customer interfaces.
  14. The term “manufacture” means to grind, mix or blend, or further process a commercial feed for distribution.
  15. The term “medicated feed” means any feed which contains drug ingredients intended or presented for the cure, mitigation, treatment, or prevention of disease in animals other than man or which contains drug ingredients intended to affect the structure or any function of the body of animals other than man.
  16. The term “mineral” means a naturally occurring, homogeneous inorganic solid substance, essential to the nutrition of animals, having a definite chemical composition and characteristic crystalline structure, color and hardness.
  17. The term “mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.
  18. The term “official sample” means a sample of commercial feed taken by the director or an authorized agent in accordance with the provisions of section 25-2709, Idaho Code.
  19. The term “percent” or “percentage” means percentage by weight.
  20. The term “person” includes an individual, partnership, corporation, firm, association and agent.
  21. The term “pet” means any domesticated animal normally maintained in or near the household(s) of the owner(s) thereof. (22) The term “pet food” means any commercial feed prepared and distributed for consumption by dogs and cats.

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

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

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

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

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

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

(28) The term “sell” or “sale” includes exchange.

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

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

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

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

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

History.

1953, ch. 243, § 3, p. 366; am. 1957, ch. 100, § 1, p. 174; am. 1971, ch. 343, § 1, p. 1335; am. 1976, ch. 61, § 1, p. 209; am. 1987, ch. 129, § 1, p. 260; am. 1993, ch. 12, § 1, p. 38; am. and redesig. 2006, ch. 57, § 3, p. 168; am. 2012, ch. 89, § 1, p. 245.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Prior Laws.

Former§ 25-2703 was repealed. See Prior Laws,§ 25-2701.

Amendments.

The 2006 amendment, by ch. 57, renumbered this section from§ 25-2717; rewrote the section heading which formerly read: “Definitions of words and terms”; added present subsection (1) and redesignated the remaining subsections; substituted “27-2707, Idaho Code, or misbranded within the meaning of section 27-2708, Idaho Code” for “25-2721, Idaho Code” in present subsections (3)(a) and the second paragraph in subsection (3)(h); added “when not adulterated within the meaning of section 25-2707, Idaho Code, or misbranded within the meaning of section 25-2708, Idaho Code” to the end of present subsections (3)(b), (c) and (d); added present subsections (3)(e) to (h); substituted “exchange or barter commercial feeds in or into this state” for “barter, or otherwise supply commercial feeds” in present subsection (8); added present subsections (15) and (16); substituted “25-2709” for “25-2723” in present subsection (18); added present subsection (23); substituted “25-2704” for “25-2718” in present subsection (27); and added present subsections (32) and (33). The 2012 amendment, by ch. 89, in subsection (3), deleted “except when used as a feed additive” following “Animal remedies” in paragraph (f) and substituted “Certain processing byproducts or production waste, identified by the director in rule” for “High moisture food processing waste containing more than fifty percent (50%) moisture content” in paragraph (h); in subsection (5), added “end user or consumer” at the end of the existing sentence and added the last sentence; added the last sentence in subsection (13); deleted subsection (32), defining “tonnage only distributer”, and renumbered former subsections (33) and (34) as present subsections (32) and (33).

§ 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.

1953, ch. 243, § 4, p. 366; am. 1955, ch. 251, § 1, p. 559; am. 1971, ch. 343, § 2, p. 1335; am. 1974, ch. 50, § 1, p. 1103; am. 1993, ch. 12, § 2, p. 38; am. and redesig. 2006, ch. 57, § 4, p. 168; am. 2012, ch. 89, § 2, p. 245.

STATUTORY NOTES

Cross References.

Commercial feed and fertilizer fund,§ 22-620.

Department of agriculture,§ 22-101 et seq.

Prior Laws.

Former§ 25-2704 was repealed. See Prior Laws,§ 25-2701.

Amendments.

This section was amended twice in 1974 by § 161 of ch. 18 approved February 21, 1974 and § 1 of ch. 50 approved March 11, 1974. Since § 1 of ch. 50 was the last expression of the legislature it was set out as the section. Section 161 of ch. 18 changed “commissioner” to “director.” This change has been made in the above section on the authority of S.L. 1974, ch. 286, § 1 and ch. 18, § 1 (§ 22-101).

The 2006 amendment, by ch. 57, renumbered the section from§ 25-2718; redesignated former subsections a. to d. as (1) to (4) and added subsections (5) and (6); in subsection (1), deleted “type of” following “Each”, inserted “annually”, “into or”, and “or into” in the first sentence, inserted “nonrefundable” twice in the second sentence, substituted “subsection (4)” for “subsection (d)” in the third sentence, and added “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” as the last sentence; rewrote present subsection (2) which formerly read: “A distributor shall not be required to register any brand of commercial feed which is already registered under the provisions of this chapter by another person”; substituted “rules” for “regulations” near the end of the introductory paragraph of present subsection (4); rewrote the second paragraph in subsection (4) which formerly read: “Provided, however, that no registration shall be refused or canceled until the registrant shall have been given opportunity to be heard before the director.”

Compiler’s Notes.

The 2012 amendment, by ch. 89, divided former subsection (1) into present subsections (1) to (4) and redesignated the subsequent subsections accordingly; added the last sentence in subsection (1); substituted “fee established by the director in rule not to exceed one hundred dollars ($100)” for “fee of five dollars ($5.00), except that those feeds sold in packages of ten (10) pounds or less shall be registered for a nonrefundable fee of twenty-five dollars ($25.00)” in subsection (2); in subsection (3), added “The application for registration” at the beginning, updated an internal reference in the second sentence, and added the last three sentences; and deleted former subsection (5) which read, “Any person distributing commercial feed into or within Idaho to an Idaho registrant or an Idaho tonnage-only distributor must be an Idaho registrant or an Idaho tonnage-only distributor.” Compiler’s Notes.

The term “this act” in the third and fourth sentences in subsection (3) refers to S.L. 2012, ch. 89, which is compiled as§§ 25-2703 to 25-2705, and 25-2709.

Effective Dates.

Section 2 of S.L. 1955, ch. 251 declared an emergency. Approved March 16, 1955.

§ 25-2705. Labeling.

A commercial feed shall be labeled as follows:

  1. A commercial feed, except a customer-formula feed, offered for sale or sold or otherwise distributed in this state in bags, barrels, or other containers shall have placed on or affixed to the container in written or printed form, a label bearing the following information:
    1. A quantity statement specifying the net weight (may be stated parenthetically in metric units in addition to the required avoirdupois), or net volume (liquid or dry). If appropriate, unit count may be used.
    2. The product name and the brand name, if any, under which the commercial feed is distributed.
    3. The guaranteed analysis stated in such terms as the director, by rule, determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods, such as the methods published by the association of official analytical chemists.
    4. The common or usual name of each ingredient used in the manufacture of the commercial feed: provided that the director, by rule, may permit the use of a collective term for a group of ingredients which perform a similar function, or the director may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if the director finds that such statement is not required in the interest of consumers.
    5. The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
    6. Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the director may require, by rule, as necessary for their safe and effective use.
    7. Such precautionary statements as the director, by rule, determines are necessary for the safe and effective use of the commercial feed.
  2. Product sold in bulk may include the label with shipment of the commercial feed, to be provided to the consumer upon delivery.
  3. A customer-formula feed shall be accompanied by a label invoice, delivery slip, or other shipping document bearing the following information:
    1. Name and address of the manufacturer.
    2. Name and address of the purchaser.
    3. Date of delivery.
    4. The product name and net weight (may be stated parenthetically in metric units in addition to the required avoirdupois), net volume (liquid or dry) of each commercial feed and other ingredients used in the mixture.
    5. Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the director may require, by rule, as necessary for their safe and effective use.
    6. The directions for use and precautionary statements as required by rule.
    7. If a drug-containing product is used:
      1. The purpose of the medication (claim statement).
      2. The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with rule.

History.

1953, ch. 243, § 5, p. 366; am. 1993, ch. 12, § 3, p. 38; am. and redesig. 2006, ch. 57, § 5, p. 168; am. 2012, ch. 89, § 3, p. 245.

STATUTORY NOTES

Prior Laws.

Former§ 25-2705 was repealed. See Prior Laws,§ 25-2701.

Amendments.

The 2006 amendment, by ch. 57, renumbered the section from§ 25-2719; redesignated the subsections; inserted “A quantity statement specifying” and “or net volume (liquid or dry). If appropriate, unit count may be used” in present subsection (1)(a); substituted “rule” for “regulation” in present subsections (1)(c), (d), (f), (g) and (2)(e), (f) and (g)(ii); and substituted “net volume (liquid or dry) of each commercial feed and other ingredients used in the mixture” for “of each commercial feed and the guaranteed analysis, listing the minimum percentage of crude protein, minimum percentage of crude fat, and the maximum percentage of crude fiber” in present subsection (2)(d).

The 2012 amendment, by ch. 89, added subsection (2) and redesignated former subsection (2) as (3).

Compiler’s Notes.

The association of official analytical chemists was reorganized and renamed in 1991 as AOAC INTERNATIONAL. See http://www.aoac.org/iMIS15Prod/AOAC/Home/AOACMember/Default.aspx?hkey=8fc2171a-6051-4e64-a928-5c47dfa257 97 .

The words enclosed in parentheses so appeared in the law as enacted.

RESEARCH REFERENCES

Am. Jur. 2d.

§ 25-2706. Inspection fees and reports. [Repealed.]

Repealed by S.L. 2012, ch. 89, § 4, effective July 1, 2012.

History.

1953, ch. 243, § 6, p. 366; am. 1955, ch. 240, § 1, p. 538; am. 1974, ch. 18, § 162, p. 364; am. 1974, ch. 50, § 2, p. 1103; am. 1981, ch. 298, § 1, p. 618; am. 1993, ch. 12, § 4, p. 38; am. 1994, ch. 30, § 1, p. 47; am. and redesig. 2006, ch. 57, § 6, p. 168.

STATUTORY NOTES

Compiler’s Notes.

This section was formerly compiled as§ 25-2720.

§ 25-2707. Adulteration.

No person shall distribute an adulterated commercial feed. A commercial feed shall be deemed to be adulterated:

  1. If it bears or contains any poisonous or deleterious substance which may render it injurious to health, but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under the provisions of this subsection if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health.
  2. If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 of the federal food, drug, and cosmetic act, as amended, and regulations adopted thereunder other than one which is:
    1. A pesticide chemical in or on a raw agricultural commodity; or
    2. A food additive.
  3. If it is, or it bears or contains any food additive which is unsafe within the meaning of section 409 of the federal food, drug, and cosmetic act, as amended, and regulations adopted thereunder.
  4. If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408(a) of the federal food, drug and cosmetic act, as amended, and regulations adopted thereunder; provided that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the federal food, drug, and cosmetic act, as amended, and regulations adopted thereunder, and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408(a) of the federal food, drug, and cosmetic act, as amended, and regulations adopted thereunder.
  5. If it is, or it bears or contains any color additive which is unsafe within the meaning of section 721 of the federal food, drug and cosmetic act, as amended, and regulations adopted thereunder.
  6. If it is, or it bears or contains any new animal drug which is unsafe within the meaning of section 512 of the federal food, drug and cosmetic act, as amended, and regulations adopted thereunder.
  7. If any valuable constituent has been in whole or part omitted or abstracted therefrom or any less valuable substance substituted therefor.
  8. If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.
  9. If it contains added hulls, screenings, straw, cobs, or other high fiber material unless the name of each such material is clearly and prominently stated on the label.
  10. If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing or packaging do not conform to current good manufacturing practice regulations promulgated by the director to assure that the drug meets the requirements of this chapter as to safety. In promulgating such regulations, the director shall adopt the current good manufacturing practice regulations for type A medicated articles and type B and type C medicated feeds established under authority of the federal food, drug, and cosmetic act, as amended, unless the director determines that they are not appropriate to the conditions which exist in this state. (11) If it contains viable noxious weed seeds or other weed seeds in amounts exceeding the limits which the director shall establish by rule.

(12) If it consists, in whole or in part, of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed.

(13) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

(14) If it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter which is unsafe within the meaning of section 402(a)(1) or (2) of the federal food, drug, and cosmetic act, as amended, and regulations adopted thereunder.

(15) If its container is composed, in whole or in part, of any poisonous or deleterious substances which may render the contents injurious to health.

(16) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to section 402 of the federal food, drug, and cosmetic act, as amended, and regulations adopted thereunder.

History.

1953, ch. 243, § 7, p. 366; am. 1993, ch. 12, § 5, p. 38; am. and redesig. 2006, ch. 57, § 7, p. 168; am. 2012, ch. 89, § 5, p. 245.

STATUTORY NOTES

Prior Laws.

Former§ 25-2707 was repealed. See Prior Laws,§ 25-2701.

Amendments.

The 2006 amendment, by ch. 57, renumbered the section from§ 25-2721; redesignated the subsections; substituted “section 721” for “section 706” in present subsection (5); in present subsection (11), inserted “noxious weed seeds or other” and deleted “or regulation” at the end; and added subsections (12) to (16).

The 2012 amendment, by ch. 89, inserted “as amended” near the end of subsection (10) and updated federal references in subsections (14) and (16).

Federal References.

Sections 402, 406, 408, 409, 512, and 721 of the federal food, drug, and cosmetic act, referred to in this section, are compiled as 21 U.S.C.S. §§ 342, 346, 346a, 348, 360b, and 379e, respectively.

“Medicated articles” and “medicated feeds,” as used in subsection (10), are defined at 21 C.F.R. § 558.3.

§ 25-2708. Misbranding.

No person shall distribute misbranded feed. A commercial feed shall be deemed to be misbranded:

  1. If its labeling or advertisements are false or misleading in any particular.
  2. If it is distributed under the name of another feed.
  3. If its container is not labeled as required in section 25-2705, Idaho Code, and in rules prescribed under this chapter.
  4. If it purports to be, or is represented as, a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by rule by the director.
  5. If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
  6. If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the director determines to be, and by rules prescribes as necessary in order fully to inform purchasers as to its value for such uses.

History.

1953, ch. 243, § 8, p. 366; am. 1993, ch. 12, § 6, p. 38; am. and redesig. 2006, ch. 57, § 8, p. 168.

STATUTORY NOTES

Prior Laws.

Former§ 25-2708 was repealed. See Prior Laws,§ 25-2701.

Amendments.

The 2006 amendment, by ch. 57, renumbered the section from§ 25-2722; redesignated the subsections; substituted “or advertisements are” for “is” in present subsection (1); substituted “25-2705” for “25-2719” in present subsection (3); and substituted “rule” for “regulation”, “rules” for “regulations” and “director” for “commissioner” throughout the section.

Compiler’s Notes.

The words enclosed in parentheses so appeared in the law as enacted.

§ 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:
    1. 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
    2. 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.
  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.

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.

1953, ch. 243, § 9, p. 366; am. 1974, ch. 18, § 163, p. 364; am. 1993, ch. 12, § 7, p. 38; am. and redesig. 2006, ch. 57, § 9, p. 168; am. 2012, ch. 89, § 6, p. 245.

STATUTORY NOTES

Prior Laws.

Former§ 25-2709 was repealed. See Prior Laws,§ 25-2701.

Amendments.

The 2006 amendment, by ch. 57, renumbered the section from§ 25-2723; redesignated the subsections; in present subsection (3), substituted “subsection (18) of section 25-2703” for “paragraph (o) of section 25-2717” and “this section” for “section 25-2723, Idaho Code”; in present subsection (4), substituted “subsection (1)” for “subsection a.” and “subsections (1) and (5)” for “subsections a. and e.”; inserted “and make copies of” in subsection (5).

The 2012 amendment, by ch. 89, added present subsections (2) and (3) and redesignated former subsections (2) through (6) as present subsections (4) through (8).

Compiler’s Notes.

The association of official analytical chemists was reorganized and renamed in 1991 as AOAC INTERNATIONAL. See http://www.aoac.org/iMIS15Prod/AOAC/Home/AOACMember/Default.aspx?hkey=8fc2171a-6051-4e64-a928-5c47dfa257 97 .

§ 25-2710. Rules, standards, definitions.

The director is hereby charged with the enforcement of this chapter, and after due publicity and due public hearing is empowered to promulgate and adopt such reasonable rules as may be necessary to carry into effect the full intent and meaning of this chapter, including the establishment of fees for services. The director is hereby empowered to adopt rules establishing definitions for commercial feeds and such other rules as may be necessary for the enforcement of any provision of this chapter.

History.

1953, ch. 243, § 10, p. 366; am. 1974, ch. 18, § 164, p. 364; am. and redesig. 2006, ch. 57, § 10, p. 168.

STATUTORY NOTES

Prior Laws.

Former§ 25-2710 was repealed. See Prior Laws,§ 25-2701.

Amendments.

The 2006 amendment, by ch. 57, renumbered the section from§ 25-2724; substituted “rules” for “regulations” and “this chapter” for “this act” throughout the section; in the first sentence, deleted “and regulations” following “reasonable rules” in the first sentence; and added “including the establishment of fees for services” at the end.

§ 25-2711. “Stop sale, use, or removal” orders.

  1. In the event the department finds that commercial feed is being offered for sale in violation of this chapter or rules promulgated under this chapter, the department may issue and enforce a written or printed “stop sale, use, or removal” order to the distributor, owner or custodian of the commercial feed and hold the commercial feed, or order it held, at a designated place until the law has been complied with and the commercial feed is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. Unless the department grants a written extension, the owner or custodian of any commercial feed that has been issued a “stop sale, use, or removal” order shall remedy the violation within thirty (30) days. The department shall release the commercial feed so withdrawn when the requirements of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
  2. Any lot of commercial feed not in compliance with the provisions of this chapter, or rules promulgated under this chapter, shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of the provisions of this chapter and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state: provided, that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with the provisions of this chapter.

History.

1953, ch. 243, § 11, p. 366; am. 1974, ch. 18, § 165, p. 364; am. 1993, ch. 12, § 8, p. 38; am. and redesig. 2006, ch. 57, § 11, p. 168.

STATUTORY NOTES

Prior Laws.

Former§ 25-2711 was repealed. See Prior Laws,§ 25-2701.

Amendments.

The 2006 amendment, by ch. 57, renumbered the section from§ 25-2725; rewrote the former section heading which read: “Detained commercial feeds”; redesignated subsections a. and b. as (1) and (2); rewrote subsection (1) which formerly read: “Withdrawal from sale or distribution’ order. When the director or an authorized agent has reasonable cause to believe a commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed regulations under this chapter, the director may issue and enforce a written or printed ‘withdrawal from sale or distribution’ order warning the distributor not to dispose of the feed in any manner until written permission is given by the director or the court. The director shall release the commercial feed so withdrawn when the provisions and regulations have been complied with and all costs and expenses incurred in the withdrawal have been paid. If compliance is not obtained within thirty (30) days, the director shall begin proceedings for condemnation”; and in present subsection (2), deleted “Condemnation and confiscation” from the beginning and inserted “or rules promulgated under this chapter”.

§ 25-2712. Prohibited acts.

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

  1. The manufacture or distribution of any commercial feed that is adulterated or misbranded.
  2. The adulteration or misbranding of any commercial feed.
  3. The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls which are adulterated within the meaning of section 25-2707, Idaho Code.
  4. The failure or refusal to register products in accordance with the provisions of section 25-2704, Idaho Code.
  5. The failure to label products in accordance with the provisions of section 25-2705, Idaho Code.
  6. The failure to pay inspection fees and file reports as required by section 25-2706, Idaho Code.
  7. The reuse of bags or totes used for commercial feeds, including customer formula feeds, that are not appropriately cleaned. A person that intends to reuse bags or totes must document their cleanout procedures.
  8. The removal or disposal of a commercial feed in violation of an order under section 25-2711, Idaho Code.

History.

I.C.,§ 25-2712, as added by 2006, ch. 57, § 12, p. 168.

STATUTORY NOTES

Prior Laws.

Former§ 25-2712 was repealed. See Prior Laws,§ 25-2701.

Compiler’s Notes.

Section 25-2706, referred to in subsection (6), was repealed by S.L. 2012, ch. 89, § 4, effective July 1, 2012.

§ 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 [commercial feed and fertilizer fund].
  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.

1953, ch. 243, § 12, p. 366; am. 1974, ch. 18, § 166, p. 364; am. 1993, ch. 12, § 9, p. 38; am. and redesig. 2006, ch. 57, § 13, p. 168.

STATUTORY NOTES
Prior Laws.

Former§ 25-2713 was repealed. See Prior Laws,§ 25-2701.

Amendments.

The 2006 amendment, by ch. 57, renumbered the section from§ 25-2726; redesignated former subsections a. to e. as (1) to (5); substituted “promulgated under this chapter” for “and regulations issued thereunder” in present subsection (1); in present subsection (2), substituted “rules” for “regulations”, “ten thousand dollars ($10,000)” for “five hundred dollars ($500)”, and “attorney’s fees’” for “attorney fees” in the first sentence, inserted “chapter 52, title 67, Idaho Code” at the end of the third sentence, and deleted “or regulation” following “rule” in the last sentence; and in present subsection (5) deleted “or regulation” following “rules” and substituted “this chapter” for “the chapter.”

Compiler’s Notes.

The bracketed insertion at the end of subsection (2) was added by the compiler to correct the name of the referenced fund. See§ 22-620.

§ 25-2714. Publications.

The director shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed in the registration and on the label; provided, however, that the information concerning production and use of commercial feeds shall not disclose the operations of any person and the information shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History.

1953, ch. 243, § 13, p. 336; am. 1974, ch. 18, § 167, p. 364; am. 1990, ch. 213, § 20, p. 480; am. and redesig. 2006, ch. 57, § 14, p. 168; am. 2015, ch. 141, § 39, p. 379.

STATUTORY NOTES

Prior Laws.

Former§ 25-2714 was repealed. See Prior Laws,§ 25-2701.

Amendments.

The 2006 amendment, by ch. 57, redesignated this section which was formerly compiled as§ 25-2727.

The 2015 amendment, by ch. 141, substituted “chapter 1, title 74” for “chapter 3, title 9” in the last sentence.

Compiler’s Notes.

Section 14 of S.L. 1953, ch. 243 read: “If any clause, sentence, paragraph, or part of this act shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.”

Effective Dates.

Section 16 of S.L. 1953, ch. 243 provided the act should take effect and be in force from and after the first day of April, 1953.

Section 263 of S.L. 1974, ch. 18, provided that the act should take effect on and after July 1, 1973.

Section 111 of S.L. 1990, ch. 213 as amended by § 16 of S.L. 1991, ch. 329 read, “Sections 1, 2, 46 and 47 of this act shall be in full force and effect on and after July 1, 1990. All other sections of this act shall be in full force and effect on and after July 1, 1993.”

§ 25-2715. Cooperation with other entities.

The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, private associations, and commercial feed manufacturers in order to carry out the purpose and provisions of this chapter.

History.

I.C.,§ 25-2728, as added by 1993, ch. 12, § 10, p. 38; am. and redesig. 2006, ch. 57, § 15, p. 168.

STATUTORY NOTES

Amendments.

The 2006 amendment, by ch. 57, redesignated this section which was formerly compiled as§ 25-2728.

Compiler’s Notes.

Former§ 25-2715 was amended and redesignated as§ 25-2701 by S.L. 2006, ch. 57, § 1.

§ 25-2716. 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.

I.C.,§ 25-2716, as added by 2006, ch. 57, § 16, p. 168.

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2716 was amended and redesignated as§ 25-2702 by S.L. 2006, ch. 57, § 2.

The term “this act” refers to S.L. 2006, ch. 57, which is compiled as§§ 25-2701 to 25-2717.

§ 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.

I.C.,§ 25-2717, as added by 2006, ch. 57, § 17, p. 168.

STATUTORY NOTES

Cross References.

Commercial feed and fertilizer fund,§ 22-620.

Compiler’s Notes.

Former§ 25-2717 was amended and redesignated as§ 25-2703 by S.L. 2006, ch. 57, § 3.

The “s” enclosed in parentheses so appeared in the law as enacted.

§ 25-2718. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2718 was amended and redesignated as§ 25-2704 by S.L. 2006, ch. 57, § 4.

§ 25-2719. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2719 was amended and redesignated as§ 25-2705 by S.L. 2006, ch. 57, § 5.

§ 25-2720. [Amended and Redesignated.]

STATUTORY NOTES

Prior Laws.

Former§ 25-2720 was amended and redesignated as§ 25-2706 by S.L. 2006, ch. 57, § 6 and, subsequently, was repealed by S.L. 2012, ch. 89, § 4, effective July 1, 2012.

§ 25-2721. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2721 was amended and redesignated as§ 25-2707 by S.L. 2006, ch. 57, § 7.

§ 25-2722. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2722 was amended and redesignated as§ 25-2708 by S.L. 2006, ch. 57, § 8.

§ 25-2723. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2723 was amended and redesignated as§ 25-2709 by S.L. 2006, ch. 57, § 9.

§ 25-2724. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2724 was amended and redesignated as§ 25-2710 by S.L. 2006, ch. 57, § 10.

§ 25-2725. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2725 was amended and redesignated as§ 25-2711 by S.L. 2006, ch. 57, § 11.

§ 25-2726. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2726 was amended and redesignated as§ 25-2713 by S.L. 2006, ch. 57, § 13.

§ 25-2727. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2727 was amended and redesignated as§ 25-2714 by S.L. 2006, ch. 57, § 14.

§ 25-2728. [Amended and Redesignated.]

STATUTORY NOTES

Compiler’s Notes.

Former§ 25-2728 was amended and redesignated as§ 25-2715 by S.L. 2006, ch. 57, § 15.

Chapter 28 DOGS

Sec.

§ 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.

1927, ch. 20, § 1, p. 24; I.C.A.,§ 24-2401; am. 1955, ch. 200, § 1, p. 429; am. 1965, ch. 169, § 1, p. 330; am. 1979, ch. 2, § 1, p. 5; am. 1985, ch. 9, § 1, p. 12.

STATUTORY NOTES

Cross References.

Dog fights, participating or aiding in,§ 25-3507.

Permitting mischievous animals to run at large, penalty,§ 18-5808.

Effective Dates.

Section 2 of S.L. 1979, ch. 2 declared an emergency. Approved February 21, 1979.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.
ALR.

§ 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.

1927, ch. 20, § 2, p. 24; I.C.A.,§ 24-2402; am. 1955, ch. 200, § 2, p. 429; am. 1978, ch. 299, § 1, p. 756; am. 1985, ch. 9, § 2, p. 12.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 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.

1927, ch. 20, § 3, p. 24; I.C.A.,§ 24-2403; am. 1999, ch. 245, § 1, p. 632.

§ 25-2804. Taking up dogs without collar and tag.

After sixty (60) days from the date of the board’s meeting at which this measure is adopted, it shall be the duty of the sheriff of the county to seize and impound any and all dogs, other than those located in a municipality within said county which has enacted and is enforcing a dog license law, at large without a collar with such license tag or disc as prescribed in section 25-2803, Idaho Code. No dog which is impounded pursuant to this section shall be killed before five (5) days, excluding weekends and holidays, have elapsed from the time of the taking up of the dog. After the five (5) days, excluding weekends and holidays, have elapsed and a reasonable effort has failed to locate the owner, the sheriff or his delegate may kill the dog in a humane manner. It shall be the duty of the sheriff of the county or his delegate also to seize and impound any and all such dogs at large wearing collars with such license tags or discs, on which the owner has failed to obtain or renew the annual license; provided, that when a dog wearing a collar with a license attached has been taken up, the sheriff shall notify the owner, if known, who may thereupon recover possession of the dog on payment of the license fee, costs, and any pertinent county fine.

History.

1927, ch. 20, § 4, p. 24; I.C.A.,§ 24-2404; am. 1941, ch. 135, § 1, p. 268; am. 1978, ch. 298, § 1, p. 755.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-2805. Dogs running at large — Penalty.

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

History.

1919, ch. 72, § 1, p. 249; C.S., § 1912; I.C.A.,§ 24-2405; am. 1998, ch. 61, § 1, p. 219; am. 1999, ch. 245, § 2, p. 632; am. 2016, ch. 285, § 1, p. 785.

STATUTORY NOTES

Cross References.

Dogs running at large pursuing deer and big game,§ 36-1101.

Amendments.

The 2016 amendment, by ch. 285, deleted “Vicious dogs —” following “at large” in the section heading; deleted the subsection (1) designation; and deleted former subsection (2), which read: “ Any dog which, when not physically provoked, physically attacks, wounds, bites or otherwise injures any person who is not trespassing, is vicious. It shall be unlawful for the owner or for the owner of premises on which a vicious dog is present to harbor a vicious dog outside a secure enclosure. A secure enclosure is one from which the animal cannot escape and for which exit and entry is controlled by the owner of the premises or owner of the animal. Any vicious dog removed from the secure enclosure must be restrained by a chain sufficient to control the vicious dog. Persons guilty of a violation of this subsection, and in addition to any liability as provided in section 25-2806, Idaho Code, shall be guilty of a misdemeanor. For a second or subsequent violation of this subsection, the court may, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog”. See now§§ 25-2809 to 25-2812.

Compiler’s Notes.
Effective Dates.

Section 8 of S.L. 2016, ch. 285 declared an emergency. Approved March 30, 2016.

CASE NOTES

City Ordinances.

Fact that city ordinance did not classify dogs running at large the same as statute relating thereto would not render invalid a conviction obtained under the city ordinance. State v. White, 67 Idaho 309, 177 P.2d 472 (1947).

§ 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.

1866, p. 104, § 4; R.S., § 1205; reen. R.C. & C.L., § 1220; C.S., § 1911; I.C.A.,§ 24-2406; am. 1947, ch. 170, § 1, p. 427; am. 1955, ch. 200, § 3, p. 429.

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 25-2807. Dogs as property — Proof of value.

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

History.

1927, ch. 211, § 1, p. 294; I.C.A.,§ 24-2407; am. 1991, ch. 72, § 1, p. 176.

CASE NOTES

Value.

Dogs are domestic animals having a value. Smith v. Costello, 77 Idaho 205, 290 P.2d 742 (1955).

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.

§ 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.

I.C.,§ 25-2808, as added by 1981, ch. 331, § 1, p. 691; am. 1999, ch. 312, § 1, p. 778; am. 2016, ch. 285, § 2, p. 785.

STATUTORY NOTES

Amendments.

The 2016 amendment, by ch. 285, updated the statutory reference in light of the 2015 amendment of§ 25-2805 and enactment of§ 25-2810.

Compiler’s Notes.

Section 7 of S.L. 2016, ch. 285 provided: “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.”

Effective Dates.

Section 2 of S.L. 1999, ch. 312 declared an emergency. Approved March 24, 1999.

Section 8 of S.L. 2016, ch. 285 declared an emergency. Approved March 30, 2016.

CASE NOTES

Applicability.

This section was intended by the legislature to apply to injuries to persons other than suspects who may be injured by a police dog, as police dogs are intentionally trained to bite and hold suspects. James v. City of Boise, 160 Idaho 466, 376 P.3d 33 (2016).

§ 25-2809. Short title.

Sections 25-2809 through 25-2812, Idaho Code, shall be known and may be cited as the “Idaho Dangerous and At-Risk Dogs Act.”

History.

I.C.,§ 25-2809, as added by 2016, ch. 285, § 3, p. 785.

STATUTORY NOTES

Compiler’s Notes.

Section 7 of S.L. 2016, ch. 285 provided: “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.”

Effective Dates.

Section 8 of S.L. 2016, ch. 285 declared an emergency. Approved March 30, 2016.

§ 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.
    1. “At-risk dog” means any dog that without justified provocation bites a person without causing a serious injury as defined in this section.
    2. “Dangerous dog” means any dog that:
      1. Without justified provocation has inflicted serious injury on a person; or
      2. Has been previously found to be at risk and thereafter bites or physically attacks a person without justified provocation.
    3. “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.
    4. “Physically attack” means an aggressive action upon a person by a dog in which there is physical contact between the dog and the person.
    5. “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:
    1. The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault;
    2. The person was committing a crime or offense upon the property of the owner or custodian of the dog;
    3. The person was at the time, or had in the past, willfully tormented, abused or assaulted the dog;
    4. The dog was responding to pain or injury or protecting its offspring;
    5. 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;
    6. The dog was a service animal individually trained to do work or perform tasks for a person with a disability; or
    7. 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:
    1. 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;
    2. 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;
    3. 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
    4. 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.

I.C.,§ 25-2810, as added by 2016, ch. 285, § 4, p. 785; am. 2019, ch. 300, § 1, p. 890.

STATUTORY NOTES

Amendments.

The 2019 amendment, by ch. 300, rewrote the section to the extent that a detailed comparison is impracticable.

Compiler’s Notes.

The term “this act” in subsections (7), (8), and (9) refers to S.L. 2016, Chapter 285, which is codified as§§ 25-2805, 25-2808, and 25-2809 to 25-2812.

Section 7 of S.L. 2016, ch. 285 provided: “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.”

Effective Dates.

Section 8 of S.L. 2016, ch. 285 declared an emergency. Approved March 30, 2016.

CASE NOTES

Jury Questions.

Whether a dog is vicious and whether it was properly confined in a secure enclosure, as contemplated by this section, are questions for the jury. Boswell v. Steele, 158 Idaho 554, 348 P.3d 497 (Ct. App. 2015) (decided before 2015 amendment of§ 25-2805).

Liability of Landlord.

Landlord had no premises liability or general negligence duty to persons who were attacked by tenant’s dog. Landlord had no knowledge of any dangerous propensities of the dog, the attack appeared to have been provoked, and the attack happened only after the victims climbed the fence which confined the dog to the rented property. Boots v. Winters, 145 Idaho 389, 179 P.3d 352 (Ct. App. 2008) (decided before 2015 amendment of§ 25-2805).

Limitation on Section.

Section 25-2808 eliminates the application of negligence per se for a violation of this section by the state of Idaho, any city or any county, and any peace officer employed by them. James v. City of Boise, 160 Idaho 466, 376 P.3d 33 (2016) (decided before 2015 amendment of§ 25-2805).

§ 25-2811. Penalties.

For persons with knowledge of an order by a court issued pursuant to the provisions of this act:

  1. A person guilty of a first violation of section 25-2810, Idaho Code, shall be guilty of a misdemeanor punishable by a fine of not less than two hundred dollars ($200) and not more than five thousand dollars ($5,000).
  2. A person guilty of a second violation of section 25-2810, Idaho Code, within five (5) years of the first conviction shall be guilty of a misdemeanor punishable by a jail sentence of not more than six (6) months or by a fine of not less than five hundred dollars ($500) and not more than seven thousand dollars ($7,000), or by both such fine and imprisonment.
  3. A person guilty of a third or subsequent violation of section 25-2810, Idaho Code, within fifteen (15) years of the first conviction shall be guilty of a misdemeanor punishable by a jail sentence of not more than twelve (12) months or by a fine of not less than five hundred dollars ($500) and not more than nine thousand dollars ($9,000), or by both such fine and imprisonment.

History.

I.C.,§ 25-2811, as added by 2016, ch. 285, § 5, p. 785; am. 2019, ch. 300, § 2, p. 890.

STATUTORY NOTES

Amendments.

The 2019 amendment, by ch.300, substituted “section 25-2810, Idaho Code” for “section 25-2810(8), Idaho Code” in subsections (1), (2) and (3).

Compiler’s Notes.

The term “this act” in the introductory paragraph refers to S.L. 2016, Chapter 285, which is codified as§§ 25-2805, 25-2808, and 25-2809 to 25-2812.

Section 7 of S.L. 2016, ch. 285 provided: “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.”

Effective Dates.

Section 8 of S.L. 2016, ch. 285 declared an emergency. Approved March 30, 2016.

§ 25-2812. Local regulation.

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

History.

I.C.,§ 25-2812, as added by 2016, ch. 285, § 6, p. 785; am. 2019, ch. 300, § 3, p. 890.

STATUTORY NOTES

Amendments.

The 2019 amendment, by ch. 300, substituted “section 25-2810(5), Idaho Code” for “section 25-2810(3), Idaho Code” at the end of the section.

Compiler’s Notes.

The term “this act” in the first and second sentences refers to S.L. 2016, Chapter 285, which is codified as§§ 25-2805, 25-2808, and 25-2809 to 25-2812.

Section 7 of S.L. 2016, ch. 285 provided: “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.”

Effective Dates.

Section 8 of S.L. 2016, ch. 285 declared an emergency. Approved March 30, 2016.

Chapter 29 BEEF PROMOTION

Sec.

§ 25-2901. Beef council created.

There is hereby created in the department of self-governing agencies the Idaho beef council, which shall be composed of eight (8) members appointed by the governor. The membership of the beef council shall consist of two (2) dairymen, three (3) beef producers, two (2) cattle feeders and one (1) marketman. In making the appointments, the governor shall take into consideration recommendations made to him by organizations who represent or who are engaged in the same type of production as the proposed member of the council.

History.

1967, ch. 222, § 1, p. 670; am. 1974, ch. 13, § 14, p. 138; am. 1997, ch. 96, § 1, p. 225.

STATUTORY NOTES

Cross References.

Department of self-governing agencies,§ 67-2601 et seq.

Prior Laws.

Former§§ 25-2901 to 25-2907, which comprised S.L. 1959, ch. 120, §§ 1 to 7, p. 260; am. 1965, ch. 91, §§ 1 to 3, p. 150; I.C.A.,§ 25-2902A as added by 1965, ch. 91, § 2, p. 150 were repealed by § 13 of S.L. 1967, ch. 222.

Effective Dates.

Section 194 of S.L. 1974, ch. 13 provided that the act should take effect on and after July 1, 1974.

§ 25-2902. Members — Qualifications.

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

History.

1967, ch. 222, § 2, p. 670.

STATUTORY NOTES

Prior Laws.

Former§ 25-2902 was repealed. See Prior Laws,§ 25-2901.

§ 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.

1967, ch. 222, § 3, p. 670; am. 1997, ch. 96, § 2, p. 225.

STATUTORY NOTES

Prior Laws.

Former§ 25-2903 was repealed. See Prior Laws,§ 25-2901.

§ 25-2904. Council officers — Meetings — Expenses.

The council shall elect annually a chairman, vice chairman and a secretary-treasurer from among its members. The council shall meet regularly once each six (6) months, and at such other times as called by the chairman or when requested by two (2) or more members of the council. Members shall be compensated as provided by section 59-509(f), Idaho Code.

History.

1967, ch. 222, § 4, p. 670; am. 1980, ch. 247, § 23, p. 582; am. 1997, ch. 96, § 3, p. 225.

STATUTORY NOTES

Prior Laws.

Former§ 25-2904 was repealed. See Prior Laws,§ 25-2901.

§ 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.

1967, ch. 222, § 5, p. 670.

STATUTORY NOTES

Cross References.

State brand board,§ 25-1101.

Prior Laws.

Former§ 25-2905 was repealed. See Prior Laws,§ 25-2901.

Compiler’s Notes.

The term “this act” in the introductory paragraph refers to S.L. 1967, ch. 222, which is compiled as§§ 25-2901 to 25-2907 and 25-2909 to 25-2912.

§ 25-2906. Council — Powers and duties.

The council shall have the following powers and duties:

  1. Conform and comply with the federal beef promotion and research order issued by the United States department of agriculture as long as the federal beef promotion and research order is in effect.
  2. Conduct scientific research to discover and develop the commercial value of beef.
  3. Enter into contracts which it deems appropriate in carrying out the promotion of the cattle industry of this state.
  4. Sue and be sued as a council, without individual liability of the council members, when the council is acting within the scope of the powers of this act.
  5. Make grants, donations or contributions to any agency which will promote the cattle industry of this state on both a national, state or local level.
  6. Employ subordinate officers and employees of the council, prescribe their duties and fix their compensation.
  7. Accept grants, donations, contributions or gifts, from any source, for expenditures for any purpose consistent with the provisions of this act.
  8. Prepare each year a proposed budget of the council for the next succeeding fiscal year, and provide upon request a copy of this budget to any person who pays an assessment under this act.
  9. Adopt, rescind, modify or amend all proper functional regulations, orders, and resolutions for the exercise of its powers and duties, which shall be provided to anyone upon request.
  10. Conduct public relation programs for beef and beef products.
  11. Lease, purchase or own personal property or lease real property deemed necessary in the administration of this chapter.

History.

1967, ch. 222, § 6, p. 670; am. 1986, ch. 246, § 1, p. 665; am. 2015, ch. 294, § 1, p. 1172.

STATUTORY NOTES

Prior Laws.

Former§ 25-2906 was repealed. See Prior Laws,§ 25-2901.

Amendments.

The 2015 amendment, by ch. 294, added subsection 11.

Compiler’s Notes.

The term “this act” in subsections 7 and 8 refers to S.L. 1967, ch. 222, which is compiled as§§ 25-2901 to 25-2907 and 25-2909 to 25-2912.

§ 25-2907. Assessments — Collection.

  1. There is hereby levied and imposed upon all cattle an assessment of not more than fifty cents (50¢) per head, to be paid by the owner. Any person may submit a written request for a refund of the assessment, or any portion thereof, to the council within ninety (90) calendar days of the assessment. The council shall make the requested refunds on a calendar quarterly basis. Any refund request that is received by the council less than fifteen (15) days from the end of the calendar quarter shall be paid at the end of the next quarter.
  2. The assessment imposed by this section shall be collected each time a change in ownership of cattle occurs.
  3. The state brand inspector shall collect state or other beef promotion assessments in addition to, at the same time and in the same manner as the fee charged for the state brand inspection. Such assessment so collected belongs to and shall be paid to the Idaho beef council, either directly or later by remittance together with a report. The council shall reimburse the state brand inspector for the reasonable and necessary expenses incurred for such collection, in an amount determined by the council and the inspector.
  4. In the event the federal beef promotion and research act is no longer in effect:
    1. The Idaho beef council shall have the authority to increase the assessment provided for in subsection (1) of this section to not more than one dollar and fifty cents ($1.50) per head.
    2. Any person may submit a written request for a refund of the assessment, or any portion thereof, to the council within ninety (90) calendar days of the assessment. The council shall make the requested refunds on a calendar quarterly basis. Any refund request that is received by the council less than fifteen (15) days from the end of the calendar quarter shall be paid at the end of the next quarter.

History.

1967, ch. 222, § 7, p. 670; am. 1971, ch. 104, § 1, p. 225; am. 1981, ch. 28, § 1, p. 46; am. 1984, ch. 5, § 1, p. 9; am. 1984, ch. 62, § 1, p. 111; am. 1985, ch. 249, § 1, p. 582; am. 1986, ch. 246, § 2, p. 665; am. 1997, ch. 96, § 4, p. 225; am. 2005, ch. 116, § 1, p. 376; am. 2009, ch. 77, § 1, p. 213.

STATUTORY NOTES

Cross References.

State brand inspector,§ 25-113.

Prior Laws.

Former§ 25-2907 was repealed. See Prior Laws,§ 25-2901.

Amendments.
Federal References.

The 2009 amendment, by ch. 77, in subsection (1), added the last three sentences; deleted the subsection (2)(a) designation and subsection (2)(b), which read: “When Idaho cattle leave the state permanently even though no change in ownership occurs”; in subsection (4)(a), substituted “one dollar and fifty cents ($1.50)” for “one dollar ($1.00)”; and rewrote subsection (4)(b), which formerly read: “Any person may submit a written request for a refund of a collected assessment, or any portion thereof, to the council within thirty (30) calendar days after payment of the assessment. The council shall make the refund no later than sixty (60) calendar days after receipt of the refund request, provided the council has received the assessment from the state brand inspector.” Federal References.

The federal beef promotion and research act, referred to in the introductory paragraph in subsection (4), is compiled as 7 U.S.C.S. § 2901 et seq.

Effective Dates.

Section 3 of S.L. 1986, ch. 246 declared an emergency. Approved April 4, 1986.

Section 2 of S.L. 2005, ch. 116 declared an emergency. Approved March 23, 2005.

§ 25-2908. Disbursements. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1967, ch. 222, § 8, p. 670; am. 1971, ch. 104, § 2, p. 225; am. 1988, ch. 171, § 1, p. 302; am. 1997, ch. 96, § 5, p. 225, was repealed by S.L. 2009, ch. 77, § 2.

§ 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.

1967, ch. 222, § 9, p. 670.

STATUTORY NOTES

Cross References.

State treasurer,§ 67-1201 et seq.

Compiler’s Notes.

The term “this act” at the end of the first paragraph refers to S.L. 1967, ch. 222, which is compiled as§§ 25-2901 to 25-2907 and 25-2909 to 25-2912.

§ 25-2910. Bonding — Records — Audits.

The person or persons who receive and disburse the moneys of the council shall be bonded, by and in an amount to be determined by the council.

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

History.

1967, ch. 222, § 10, p. 670.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” at the end of the second paragraph refers to S.L. 1967, ch. 222, which is compiled as§§ 25-2901 to 25-2907 and 25-2909 to 25-2912.

§ 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.

1967, ch. 222, § 11, p. 670.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” near the middle of the section refers to S.L. 1967, ch. 222, which is compiled as§§ 25-2901 to 25-2907 and 25-2909 to 25-2912.

§ 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.

1967, ch. 222, § 12, p. 670.

STATUTORY NOTES

Cross References.

Punishment for misdemeanor when not otherwise provided,§ 18-113.

Compiler’s Notes.

Section 14 of S.L. 1967, ch. 222 provided as follows: “If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the act and the applicability thereof to other persons and circumstances shall not be affected thereby.”

Effective Dates.

Section 15 of S.L. 1967, ch. 222 provided that this act shall be effective on July 1, 1967.

Chapter 30 FUR FARMS

Sec.

§ 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.

1961, ch. 152, § 1, p. 218; am. 2006, ch. 226, § 2, p. 677.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Amendments.

The 2006 amendment, by ch. 226, in the first sentence, deleted “all” preceding “other fur-bearing animals,” inserted “bobcat” and deleted “karakul” and “nutria” from the defined list of animals, and substituted the language beginning “the department of agriculture” for “raised in captivity for breeding or other useful purposes”; and in the last sentence, deleted “and regulations” following “rules,” and inserted “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.”

§ 25-3002. Transfer of functions from fish and game commission to department of agriculture.

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

History.

1961, ch. 152, § 2, p. 218; am. 1974, ch. 18, § 168, p. 364.

STATUTORY NOTES

Cross References.

Administrator of division of animal industries,§ 25-901 et seq.

Department of agriculture,§ 22-101 et seq.

Fish and game commission,§ 36-102.

Fish and game department,§ 36-101.

Compiler’s Notes.

The term “this act” near the end of the section refers to S.L. 1961, ch. 152, which is compiled as§§ 25-3001 to 25-3007.

§ 25-3003. Application of laws relating to livestock and domestic animals.

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

History.

1961, ch. 152, § 3, p. 218.

§ 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.

1961, ch. 152, § 4, p. 218; am. 1974, ch. 18, § 169, p. 364.

§ 25-3005. Inspection of fur farms.

The division of animal industries and any of its officers shall have the right at any time to inspect any fur farm, and may go upon such farms or any part thereof to inspect and examine the same and any animals therein.

History.

1961, ch. 152, § 5, p. 218; am. 1974, ch. 18, § 170, p. 364.

§ 25-3006. Penalty for violations.

Any person, firm or corporation violating any of the provisions of title 25, chapter 2, Idaho Code, applicable to domestic fur-bearing animals, or of the rules or regulations 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 five thousand dollars ($5,000) for each offense.

History.

1961, ch. 152, § 6, p. 218; am. 1974, ch. 18, § 171, p. 364.

STATUTORY NOTES

Effective Dates.

Section 263 of S.L. 1974, ch. 18 provided the act should take effect on and after July 1, 1974.

§ 25-3007. Property rights in fur-bearing animals.

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

History.

1961, ch. 152, § 7, p. 218.

STATUTORY NOTES

Compiler’s Notes.

The bracketed insertion near the beginning of the section was added by the compiler to make the section more readable.

The words enclosed in parentheses so appeared in the law as enacted.

Chapter 31 DAIRY PRODUCTS — MARKETING

Sec.

§ 25-3101. Protection of dairy markets — Purpose.

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

History.

1969, ch. 140, § 1, p. 435; am. 2013, ch. 176, § 1, p. 408.

STATUTORY NOTES

Amendments.

The 2013 amendment, by ch. 176, substituted “this chapter” for “this act” in the last sentence.

§ 25-3102. Dairy products commission — Establishment — Members.

There is hereby created and established in the department of self-governing agencies the “Idaho dairy products commission” to be composed of nine (9) producer members, three (3) from each of the three (3) commission districts referred to in section 25-3104, Idaho Code, who shall be elected by the producers of said districts as hereinafter set forth, and they shall hold office for a term of three (3) years.

History.

1969, ch. 140, § 2, p. 435; am. 1974, ch. 13, § 9, p. 138; am. 2005, ch. 19, § 1, p. 56; am. 2015, ch. 244, § 6, p. 1008; am. 2016, ch. 38, § 1, p. 88.

STATUTORY NOTES

Cross References.

Department of self-governing agencies,§ 67-2601 et seq.

Amendments.

The 2015 amendment, by ch. 244, substituted “college of agricultural and life sciences” for “college of agriculture” in subsection (2).

The 2016 amendment, by ch. 38, deleted the former subsection (1) designation; and deleted former subsection (2), which read: “The dean of the college of agricultural and life sciences, university of Idaho, or his duly authorized representative, and a duly authorized representative of the Idaho milk processors association, shall be ex officio members without vote of the commission”.

§ 25-3103. Definitions.

As used in this chapter, unless the context requires otherwise:

  1. “Commission” means the Idaho dairy products commission;
  2. To “ship” means to deliver or consign milk or cream to a person dealing in, processing, distributing, or manufacturing dairy products for sale, for human or animal consumption, industrial or medicinal uses;
  3. “Dealer” means one who handles, ships, buys, processes, and sells dairy products, or who acts as sales or purchasing agent, broker, or factor of dairy products;
  4. “Producer” means a person who produces milk from cows and sells it for human or animal food, or medicinal or industrial uses;
  5. “Producer-handler” means any person who produces milk or milk fat and uses such production, or any part of it, for processing. For the purposes of this chapter, a producer-handler is a producer in any transaction which involves the delivery of unprocessed milk or milk fat produced by him or received from another producer and processed by such producer-handler;
  6. “Department” means the Idaho state department of agriculture;
  7. “Person” means and includes individuals, corporations, partnerships, trusts, associations, cooperatives and any and all other business units, devices and arrangements.

History.

1969, ch. 140, § 3, p. 435; am. 1974, ch. 13, § 10, p. 138; am. 2013, ch. 176, § 2, p. 408.

STATUTORY NOTES

Amendments.

The 2013 amendment, by ch. 176, substituted “this chapter” for “this act” in the introductory paragraph and in subsection (5); added subsection designations; deleted the definition of “director”; and inserted “state” in subsection (6).

§ 25-3104. Representative districts.

Three (3) elected commission members shall represent one (1) of the following districts:

  1. District I, which shall include the counties of Ada, Adams, Benewah, Boise, Bonner, Boundary, Canyon, Clearwater, Elmore, Gem, Idaho, Kootenai, Latah, Lewis, Nez Perce, Owyhee, Payette, Shoshone, Valley and Washington;
  2. District II, which shall include the counties of Blaine, Camas, Gooding, Jerome, Lincoln, Cassia, Minidoka and Twin Falls;
  3. District III, which shall include the counties of Bannock, Bear Lake, Bingham, Bonneville, Butte, Caribou, Clark, Custer, Franklin, Fremont, Jefferson, Lemhi, Madison, Oneida, Power and Teton.

History.

1969, ch. 140, § 4, p. 435; am. 2005, ch. 19, § 2, p. 56.

§ 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.

1969, ch. 140, § 5, p. 435.

§ 25-3106. Producer members — Term of office — Appointments.

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

  1. District I, IV & VII on July 1, 1970;
  2. District II, V & VIII on July 1, 1971;
  3. District III, VI & IX on July 1, 1972.

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

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

History.

1969, ch. 140, § 6, p. 435.

§ 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.

1969, ch. 140, § 7, p. 435; am. 2013, ch. 176, § 3, p. 408; am. 2016, ch. 38, § 2, p. 88.

STATUTORY NOTES

Amendments.

The 2013 amendment, by ch. 176, substituted “department ”for “state department of agriculture” at the end of the first paragraph and near the end of the second paragraph.

The 2016 amendment, by ch. 38, rewrote the second paragraph, which formerly read: “Nomination for candidates to be elected to the commission shall be conducted by a nominating committee. Thirty (30) days prior to the date of election, the commission shall select a nominating committee from the district, which in turn will present the names of three (3) qualified nominees; in addition thereto, producer members of the commission may be nominated by a petition of nomination signed by not less than twenty-five (25) 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 the first day of May of the year in which the election for such district is to be held”; and substituted “mailed by the commission” for “mailed by the department” in the third paragraph.

§ 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.

1969, ch. 140, § 8, p. 435; am. 1973, ch. 20, § 1, p. 41; am. 1980, ch. 247, § 24, p. 582; am. 1990, ch. 142, § 1, p. 321; am. 2014, ch. 110, § 1, p. 320.

STATUTORY NOTES

Amendments.

The 2014 amendment, by ch. 110, rewrote the section, which formerly read: “Members of the commission shall be compensated as provided by section 59-509(h), Idaho Code”.

§ 25-3109. Commission chairman — Director.

The commission shall elect a chairman and may employ a director who is not a member of the commission.

History.

1969, ch. 140, § 9, p. 435; am. 2013, ch. 176, § 4, p. 408.

STATUTORY NOTES

Amendments.

The 2013 amendment, by ch. 176, substituted “director ”for “administrator” in the section heading and in the first sentence; deleted “Fidelity bond” from the end of the section heading; and deleted the former last two sentences which read: “The commission shall require the administrator of the commission to give a fidelity bond executed by a surety company authorized to do business in this state in favor of the commission, in such sum, and containing such terms and conditions, as the commission may prescribe. The cost of any such fidelity bond shall be paid from moneys collected pursuant to this act.”

§ 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.

1969, ch. 140, § 10, p. 435.

§ 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:
    1. To conduct a campaign of research, education and publicity.
    2. To find new markets for dairy products and their by-products.
    3. 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.
    4. To make public and encourage the widespread national and international use of dairy products and by-products produced in Idaho.
    5. To investigate and participate in studies of the problems peculiar to the dairy producers in Idaho.
    6. 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.
    7. To sue and be sued.
    8. To enter into such contracts as may be necessary or advisable.
    9. 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.
    10. 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.
    11. 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.
    12. To lease, purchase or own real or personal property deemed necessary in the administration of this chapter.
    13. 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.
    14. 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.
    15. To incur indebtedness and carry on all business activities.
    16. 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.

1969, ch. 140, § 11, p. 435; am. 1994, ch. 180, § 41, p. 420; am. 2013, ch. 176, § 5, p. 408.

STATUTORY NOTES
Cross References.

State controller,§ 67-1001 et seq.

Amendments.

The 2013 amendment, by ch. 176, combined subsections (2) and (3) and redesignated paragraphs accordingly; substituted “To employ, and at its pleasure discharge, officers, agents, attorneys and such other personnel as it deems necessary” for “To appoint and employ officers, agents and other personnel” in paragraph (2)(i); in paragraph (2)(m), inserted “investigate and”, “violations of the provisions of this chapter” and “or to protect brands, marks, brand names, trademarks or other intellectual property rights being promoted or used by the commission”; and substituted “this chapter” for “this act” throughout the section.

Effective Dates.

Section 241 of S.L. 1994, ch. 180 provided that such act should become effective on and after the first Monday in January, 1995, if the amendment to the Constitution of Idaho changing the name of the state auditor to state controller [1994 S.J.R. No. 109, p. 1493] was adopted at the general election held on November 8, 1994. Since such amendment was adopted, the amendment to this section by § 41 of S.L. 1994, ch. 180 became effective January 2, 1995.

CASE NOTES

Limitation on Powers.

The Idaho dairy products commission’s duty, power and authority 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 is clearly limited by the legislature’s express statutory language in§ 59-1009 mandating that the public records and other matters be open to the inspection of the public; accordingly the commission’s list of dairy product producers, who paid the taxes levied by§ 25-3117 to dairy product dealers, was subject to disclosure even though the dealers gave the names of the producers to the commission in confidence. Dalton v. Idaho Dairy Prods. Comm’n, 107 Idaho 6, 684 P.2d 983 (1984).

§ 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.

I.C.,§ 25-3112, as added by 1988, ch. 193, § 2, p. 348; am. 1993, ch. 327, § 13, p. 1186; am. 1994, ch. 180, § 42, p. 420; am. 1996, ch. 159, § 13, p. 502; am. 2003, ch. 32, § 16, p. 115; am. 2014, ch. 110, § 2, p. 320.

STATUTORY NOTES

Cross References.

Director of legislative services,§ 67-428 et seq.

Division of financial management,§ 67-1910.

Legislative services office,§ 67-701 et seq.

State controller,§ 67-1001 et seq.

Prior Laws.

Former§ 25-3112, which comprised 1969, ch. 140, § 12, p. 435, was repealed by S.L. 1988, ch. 193, § 1.

Amendments.

The 2014 amendment, by ch. 110, substituted “Each year, during the legislative session” for “On or before January 15 of each year” at the beginning of subsection (4).

Effective Dates.

Section 241 of S.L. 1994, ch. 180 provided that such act should become effective on and after the first Monday in January, 1995, if the amendment to the Constitution of Idaho changing the name of the state auditor to state controller [1994 S.J.R. No. 109, p. 1493] was adopted at the general election held on November 8, 1994. Since such amendment was adopted, the amendment to this section by § 42 of S.L. 1994, ch. 180 became effective January 2, 1995.

§ 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.

1969, ch. 140, § 13, p. 435; am. 2013, ch. 176, § 6, p. 408.

STATUTORY NOTES

Amendments.

The 2013 amendment, by ch. 176, substituted the current section heading for the former which read: “Bond Requirements” and rewrote the section which read: “The commission may require the administrator, or any agent or employee appointed by the commission, to give a bond payable to the state of Idaho in the amount and with the security and containing the terms and conditions the commission prescribes. The cost of the bond is an administrative expense under this act.”

§ 25-3114. Appointment of director — Duties — Salary.

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

History.

1969, ch. 140, § 14, p. 435; am. 2013, ch. 176, § 7, p. 408.

STATUTORY NOTES

Amendments.

The 2013 amendment, by ch. 176, substituted the current section heading for the former which read: “Administrator of this act — Appointment — Salary” and, in the section, substituted “director” for “administrator” twice and “this chapter” for “this act.”

§ 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.

1969, ch. 140, § 15, p. 435; am. 2013, ch. 176, § 8, p. 408.

STATUTORY NOTES

Amendments.

The 2013 amendment, by ch. 176, substituted “director” for “administrator” in the section heading and twice in the text and substituted “this chapter” for “this act.”

§ 25-3116. Limit on state liability.

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

History.

1969, ch. 140, § 16, p. 435; am. 2013, ch. 176, § 9, p. 408.

STATUTORY NOTES

Amendments.

The 2013 amendment, by ch. 176, rewrote the section heading, which formerly read: “Nonliability of state” and rewrote the section which formerly read: “The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.”

§ 25-3117. Tax levy.

  1. From and after the 1st day of July, 1988, there is hereby levied and imposed a tax of not to exceed one percent (1%) of the gross dollar daily or monthly settlements for the sale of all milk and cream produced in the state of Idaho and sold or contracted through commercial channels, which tax shall be due on or before the time when such milk or cream is first sold or contracted in the commercial channels and shall be paid at such time or times as the commission may, by rule or regulation, prescribe, as hereinafter provided, but not later than the 25th day of the month next succeeding the month in which milk or cream is sold or contracted in commercial channels. The tax provided in this section shall be levied and imposed at a rate of not more than one percent (1%) as the commission, by a vote of two-thirds (2/3) of its members, establishes.
  2. The tax shall be levied and assessed to the producer at the time of delivery for sale if sold by a producer, and shall be collected by the first purchaser and/or producer-handler and deducted from the amount due the producer, and all money so collected shall be made payable to the Idaho dairy products commission on or before the 25th day of the succeeding month. All such payments shall be sent directly to the commission for deposit. If a purchaser and/or producer-handler fails to remit any money so collected or fails to make deductions for assessments, a penalty of ten percent (10%) shall be added to the amount of any assessments which are unpaid when due under the terms of this chapter.
  3. The tax constitutes a lien prior to all other liens and encumbrances upon such milk or cream except liens which are declared prior by operation of a statute of this state.

History.

1969, ch. 140, § 17, p. 435; am. 1979, ch. 184, § 1, p. 538; am. 1984, ch. 20, § 1, p. 23; am. 1988, ch. 185, § 1, p. 324; am. 1988, ch. 193, § 3, p. 348.

STATUTORY NOTES

Amendments.

This section was amended by two 1988 acts which appear to be compatible and have been compiled together.

The 1998 amendment, by ch. 185, in subsection (1) in the first sentence substituted “July, 1988” for “June, 1979” and in the last sentence added “not more than” following “imposed at a rate of”, substituted “as” for “unless” following “one percent (1%)” and deleted “a rate of less than one percent (1%)” from the end of the sentence.

Effective Dates.

The 1988 amendment, by ch. 193, in subsection (2) in the first sentence deleted “fund in the office of the state treasurer, state of Idaho” following “Idaho dairy products commission”; deleted “for the previous month’s credit of the commission fund” from the end of the first sentence and deleted “in the office of the state treasurer of the state of Idaho” from the end of the second sentence and substituted “chapter” for “act” at the end of the last sentence. Effective Dates.

Section 2 of S. L. 1979, ch. 184 declared an emergency and provided that the act should take effect on and after June 1, 1979. Approved March 29, 1979.

Section 2 of S.L. 1984, ch. 20 declared an emergency. Approved February 27, 1984.

CASE NOTES

Disclosure of List of Taxpaying Producers.

The Idaho dairy products commission’s duty, power and authority 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 is clearly limited by the legislature’s express statutory language in§ 59-1009 mandating that the public records and other matters be open to the inspection of the public; accordingly the commission’s list of dairy product producers, who paid the taxes levied by this section to dairy product dealers, was subject to disclosure even though the dealers gave the names of the producers to the commission in confidence. Dalton v. Idaho Dairy Prods. Comm’n, 107 Idaho 6, 684 P.2d 983 (1984).

The legislature intended the definition of “public records” to be broad enough to include a list of names obtained by an agency in the normal course of carrying out its duties; in addition, the language of§ 59-1009 clearly evidences an intent by the legislature to create a very broad scope of government records and information accessible to the public. Thus, a list of names of dairy product producers, who paid the taxes levied by this section, which was compiled by the Idaho dairy products commission fell within the purview of§ 59-1009, as “public records and all other matters,” and was subject to inspection by a private citizen. Dalton v. Idaho Dairy Prods. Comm’n, 107 Idaho 6, 684 P.2d 983 (1984).

§ 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:
    1. The name or names and address or addresses of the producer.
    2. The name and address of the purchaser, or the producer-handler.
    3. The dollar value of the milk and/or cream sold.
    4. The date of the purchase.
  3. Unlawful or wilful alterations of a statement shall constitute a misdemeanor.

History.

1969, ch. 140, § 18, p. 435.

STATUTORY NOTES

Cross References.

Punishment for misdemeanor when not otherwise provided,§ 18-113.

§ 25-3119. Persons required to pay tax.

The tax imposed in this chapter shall be paid by the first purchaser or producer-handler to the commission. The commission shall receipt the purchaser or producer-handler therefor and promptly deposit the moneys in a bank account in the name of the Idaho dairy products commission. The commission may adopt, rescind, modify and amend regulations not consistent with this chapter, related to the payment and collection of the tax provided for in the chapter.

History.

1969, ch. 140, § 19, p. 435; am. 1988, ch. 193, § 4, p. 348.

§ 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.

1969, ch. 140, § 20, p. 435.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” at the end of the section refers to S.L. 1969, ch. 140, which is compiled as§§ 25-3101 to 25-3111 and 25-3113 to 25-3123.

§ 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.

1969, ch. 140, § 21, p. 435; am. 2013, ch. 176, § 10, p. 408.

STATUTORY NOTES

Amendments.

The 2013 amendment, by ch. 176, substituted “this chapter” for “this act” in the section heading and twice in the section text.

Compiler’s Notes.

Section 22 of S.L. 1969, ch. 140 read: “This act shall be liberally construed, and if any part or portion thereof be declared invalid, or the application thereof to any person, circumstance or thing is declared invalid, the validity of the remainder of this act and/or the applicability thereof to any persons, circumstance or thing shall not be affected thereby, and it is the intention of the legislature to preserve any and all parts of this act if possible.”

§ 25-3122. Referendum regarding continuance of commission.

After five (5) years from the date the commission was created, a referendum may be held at the petition of the producers or at the request of the commission. The question shall be submitted by secret ballots upon which the words “For continuance of the Idaho Dairy Products Commission” and “Against continuance of the Idaho Dairy Products Commission” are printed, with a square before each proposition and a direction to insert an “X” mark in the square before the proposition which the voter favors. In the event a referendum is held as provided in this section, no further referendum on the question of discontinuance of such commission shall be held within five (5) years from the date the result of the previous referendum was declared.

The referendum must be held and supervised by the department upon its receiving either of the following:

  1. A petition signed by twenty percent (20%) of the producers or two thousand (2,000) producers, whichever is less.
  2. At written request from the commission.
  3. The commission shall pay the costs of any such referendum.

The referendum shall be held, notice thereof given, expenses thereof paid and the result determined, declared and recorded in the office of the secretary of state. No hearings or district meetings shall be made prior to the referendum upon the question of determining whether such referendum should be held.

Notice of such referendum must be given by the commission in a manner determined by them. The ballots must also be prepared by the commission and forwarded to the producer members who shall return them within twenty (20) days after mailing by the commission.

History.

1969, ch. 140, § 23, p. 435; am. 2013, ch. 176, § 11, p. 408.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Amendments.

The 2013 amendment, by ch. 176, substituted “department” for “department of agriculture” in the second paragraph.

§ 25-3123. Discontinuation.

If the vote at the referendum provided in section 25-3122[, Idaho Code], is in favor of discontinuation, the commission shall as rapidly as possible terminate its activities, convert all its assets to cash and do all other things necessary to terminate its activities. At the termination of such activities, any funds remaining in possession of the commission shall be paid to the Idaho dairymen’s association.

History.

1969, ch. 140, § 24, p. 435.

STATUTORY NOTES

Compiler’s Notes.

The bracketed insertion in the first sentence was added by the compiler to conform to the statutory citation style.

For further information on the Idaho dairymen’s association, see http://www.idahodairymens.org/ .

Effective Dates.

Section 25 of S.L. 1969, ch. 140 declared an emergency. Approved March 13, 1969.

Chapter 32 RENDERING ESTABLISHMENTS

Sec.

§ 25-3201. Definitions.

When used in this act:

  1. The term “rendering establishment” means a place of business that deals in rendering material of animal origin and processes it into finished products in such a way that risk, damage, or nuisance to animal or public health is avoided. Any person who receives from any other person the body of any dead animal for the purposes of obtaining the hide, skin, grease, meat, bones, or parts thereof from such animal for further processing to a finished form as described in paragraph (5) of this section is deemed to be engaged in the business of disposing and rendering of the bodies of dead animals or parts thereof.
  2. The term “rendering material” means and includes any dead animal not slaughtered as food for animals or man, or if slaughtered for food, becomes unsuitable for such use, and includes all parts of dead animals and all inedible by-products of animals slaughtered or processed as food.
  3. The term “animal” means any member of the animal kingdom such as fish, reptiles, birds and mammals, etc.
  4. The term “4-D animals” means dead, dying, disabled, or diseased animals.
  5. The term “finished products” means any product or material processed or manufactured from rendering material or from 4-D animals by a rendering establishment or establishment processing 4-D animals such as bone meal, blood meal, meat meal, tankage, feather meal, tallow, etc., or fresh frozen, partially cooked, or cooked or canned pet, fur animal, or other animal feed.
  6. The term “establishments processing 4-D animals” means a place of business that processes the carcasses or any part of carcasses of 4-D animals to be used as feed for dogs, cats, fur-bearing or other animals.
  7. The term “inspector” means a state employee trained and assigned to inspect rendering plants and establishments processing 4-D animals.
  8. The term “department” means the state department of agriculture.
  9. The term “laboratory tests” means tests conducted as deemed necessary by the department to ensure that the finished product meets required specifications for quality and safety (to include protein analysis, contaminating agents of disease, etc.); such laboratory tests to be performed in laboratories approved as provided in paragraph (8) of this section and on samples of finished products collected by the inspector.

History.

1969, ch. 33, § 1, p. 57; am. 2014, ch. 97, § 6, p. 265.

STATUTORY NOTES

Amendments.

The 2014 amendment, by ch. 97, redesignated former subsections (a) through (i) as present (1) through (9) and changed internal references accordingly.

Compiler’s Notes.

The term “this act” in the introductory paragraph refers to S.L. 1969, ch. 33, which is compiled as§§ 25-3201 to 25-3208.

§ 25-3202. License requirement.

No person shall engage in the business of collecting, disposing, or rendering of the bodies of dead animals or parts thereof without first obtaining a license for such purpose from the department. Application for license shall be made on forms provided by the department and shall be accompanied by a fee of $25.00. On receipt of such application, the department shall inspect the premises in which the applicant proposes to conduct such business. No license shall be issued unless the department finds that the premises comply with the requirements thereof. If the department finds that the applicant’s premises do not comply with the requirements of this section or with the rules of the department, it shall notify the applicant wherein the same fails to so comply. If within a reasonable time to be fixed by the department, but not more than 90 days thereafter, the specified defects are remedied, the department shall make a second inspection and proceed therewith as in the case of an original inspection.

History.

1969, ch. 33, § 2, p. 57.

§ 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.

1969, ch. 33, § 3, p. 57; am. 2014, ch. 97, § 7, p. 265.

STATUTORY NOTES

Amendments.

The 2014 amendment, by ch. 97, substituted “Idaho Code” for “of this act” in the introductory language and redesignated former subsections (a) through (f) as present subsections (1) through (6).

§ 25-3204. Revocation of licenses.

A license may be revoked if requested by the operator of a licensed establishment or if in the opinion of the licensing authority, the establishment fails to meet the sanitation or bacteriological standards required to effectuate the purposes of this act.

History.

1969, ch. 33, § 4, p. 57.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” at the end of the section refers to S.L. 1969, ch. 33, which is compiled as§§ 25-3201 to 25-3208.

§ 25-3205. Prohibiting unfinished products from intrastate shipment.

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

History.

1969, ch. 33, § 5, p. 57.

§ 25-3206. Enforcement of regulations.

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

History.

1969, ch. 33, § 6, p. 57.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” at the end of the section refers to S.L. 1969, ch. 33, which is compiled as§§ 25-3201 to 25-3208.

§ 25-3207. Restraining order authorized.

The director of the department of agriculture is hereby authorized to issue orders to restrain the operation of any rendering or disposal plant or establishment engaged in the collection of, handling of, or transportation of rendering materials or finished products where such operation is carried on in violation of the laws of the state of Idaho or the rules, regulations or orders made thereunder. Restraining orders will be issued after notice and hearing, except that restraining orders may be issued without notice of hearing where in the opinion of the director the violation constitutes a menace to public health requiring immediate and summary abatement and he so finds in writing. Licensees shall have the right to appeal from restraining orders to the appropriate district court within twenty (20) days after service of the restraining order whether such order be made upon hearing or summarily. Execution of a restraining order may be stayed on appeal except when such restraining order is issued to restrain a menace to public health requiring immediate and summary abatement.

History.

1969, ch. 33, § 7, p. 57; am. 1974, ch. 18, § 172, p. 364.

STATUTORY NOTES

Cross References.

Director of department of agriculture,§ 22-101 et seq.

Effective Dates.

Section 263 of S.L. 1974, ch. 18 provided the act should take effect on and after July 1, 1974.

§ 25-3208. Exemptions.

Animal rendering and processing facilities within establishments licensed under Idaho or federal meat inspection laws shall be exempt from the licensing provisions of this act but shall otherwise comply with it.

History.

1969, ch. 33, § 8, p. 57.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” near the end of the section refers to S.L. 1969, ch. 33, which is compiled as§§ 25-3201 to 25-3208.

Chapter 33 IDAHO LIVESTOCK DEALER LICENSING

Sec.

§ 25-3301. Definitions.

As used in this chapter, the following terms have the following meanings:

  1. “Board” means the state brand board created in chapter 11, title 25, Idaho Code.
  2. “Bond equivalent” means a letter of credit or trust fund agreement that complies with the packers and stockyards act of 1921, as amended, and regulations promulgated thereunder.
  3. “Livestock” means cattle, swine, bison, horses, mules, or asses.
  4. “Livestock dealer” means any person who buys, receives or assembles livestock for his own account for resale within twenty (20) days from the date of purchase, or for the account of another person. This term also includes both a person who pays and a person who does not pay the owner or auction market the full purchase price at the time of taking possession of the livestock.
  5. “Person” means an individual, partnership, corporation, broker, order buyer, video livestock sale or other type of electronic marketing organization, association or other legal entity.
  6. “Representative of a licensee” means any full-time employee, agent or other person who buys, receives, sells, or assembles livestock for resale on behalf of a licensed livestock dealer.

History.

I.C.,§ 25-3301, as added by 1978, ch. 290, § 1, p. 710; am. 1990, ch. 182, § 1, p. 395; am. 1992, ch. 65, § 2, p. 198.

STATUTORY NOTES

Federal References.

The packers and stockyards act of 1921, referred to in subsection (2), is compiled as 7 U.S.C.S. § 181 et seq.

§ 25-3302. State brand board — Additional duties.

The state brand board, in addition to other duties provided by law, shall administer the provisions of this chapter relating to livestock dealer licensing. The board shall meet annually, and more frequently if deemed necessary, for the purposes of administration of this chapter.

The board shall exercise the following powers and duties:

  1. Promulgate such rules as deemed necessary to implement and supplement the provisions of this chapter and provide for its orderly administration, pursuant to the provisions of chapter 52, title 67, Idaho Code;
  2. Prescribe necessary information to be provided by applicants for licenses to determine if the requirements of this chapter have been met;
  3. Issue licenses to qualified applicants and collect appropriate fees;
  4. Revoke or suspend the license of, or refuse to issue a license to any person, licensee or applicant who violates any provision of this chapter; and
  5. Require the necessary record keeping by licensees and submission of written reports as warranted in order to carry out the provision and intent of this chapter.

History.

I.C.,§ 25-3302, as added by 1978, ch. 290, § 1, p. 710; am. 1990, ch. 182, § 2, p. 395; am. 1995, ch. 124, § 1, p. 540.

STATUTORY NOTES

Effective Dates.

Section 2 of S.L. 1995, ch. 124 declared an emergency. Approved March 14, 1995.

§ 25-3302A. Authorization for records review.

Any employee of the board or any representative of the bureau of animal health of the Idaho department of agriculture is authorized to review, during normal business hours, the records and transactions of a licensee or representative of a licensee.

History.

I.C.,§ 25-3302A, as added by 1990, ch. 182, § 3, p. 395.

§ 25-3303. License required.

Any person doing business as a livestock dealer in the state of Idaho must secure an annual license from the board. A fee of one hundred dollars ($100) shall accompany any such application for initial issuance or renewal. In addition, a fee of thirty-five dollars ($35.00) shall be paid for each authorized representative of a licensee. Such fees so received are not returnable and shall be deposited in the state brand account created in section 25-1161, Idaho Code. Upon determination that the applicant is qualified, the board shall issue a license to the applicant and all annual licenses shall terminate and become void each successive June 30th.

History.

I.C.,§ 25-3303, as added by 1978, ch. 290, § 1, p. 710; am. 1990, ch. 182, § 4, p. 395; am. 2011, ch. 55, § 4, p. 119.

STATUTORY NOTES

Amendments.

The 2011 amendment, by ch. 55, substituted “one hundred dollars ($100)” for “forty dollars ($40.00)” near the beginning of the second sentence and “thirty-five dollars ($35.00)” for “fifteen dollars ($15.00)” near the middle of the third sentence.

§ 25-3304. License revocation or suspension.

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

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

History.

I.C.,§ 25-3304, as added by 1978, ch. 290, § 1, p. 710; am. 1990, ch. 182, § 5, p. 395.

§ 25-3305. Livestock dealers licensing account [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised I.C.,§ 25-3305, as added by 1978, ch. 290, § 1, p. 710, was repealed by S.L. 1990, ch. 182, § 6.

§ 25-3306. Prohibited acts.

The following actions are prohibited:

  1. Acting as a livestock dealer without an adequate surety bond or bond equivalent and a valid license issued by the board;
  2. Failure to maintain records as required by the board, especially the names and addresses of sellers and buyers of livestock;
  3. Failure to provide access to all records required of such licensee by the board;
  4. Buying or selling livestock under an assumed name or address. All livestock sales shall be evidenced by a written bona fide name and address of buyer and seller;
  5. Violation of any valid rule, regulation or statute governing livestock disease control; and
  6. Operating as a livestock dealer in the state of Idaho while suspended or revoked from acting as a livestock dealer by the United States pursuant to the packers and stockyards act of 1921, as amended.

History.

I.C.,§ 25-3306, as added by 1978, ch. 290, § 1, p. 710; am. 1990, ch. 182, § 7, p. 395; am. 1996, ch. 88, § 1, p. 268.

STATUTORY NOTES

Federal References.

The packers and stockyards act of 1912, referred to in subsection (6), is compiled as 7 U.S.C.S. § 181 et seq.

§ 25-3307. Exemptions [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised I.C.,§ 25-3307, as added by 1978, ch. 290, § 1, p. 710, was repealed by S.L. 1990, ch. 182, § 8.

§ 25-3308. Injunction.

The board, on determining that any person may have violated any provision of this chapter, may petition for injunctive relief from further violation. Such petition shall be addressed to the district court in the county in which the offense occurred or in which the offender has his principal place of business or is doing business or resides. The district court, on determining that probable cause of a violation of this chapter exists, shall issue appropriate injunctive relief.

History.

I.C.,§ 25-3308, as added by 1978, ch. 290, § 1, p. 710.

§ 25-3309. Penalty.

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

History.

I.C.,§ 25-3309, as added by 1978, ch. 290, § 1, p. 710; am. 1990, ch. 182, § 9, p. 395.

§ 25-3310. Bond required of a license holder.

  1. Each applicant to whom a license to act as a livestock dealer is issued shall:
    1. File a bond of a surety company authorized to do business in this state; or
    2. File a copy of the bond or bond equivalent required by the United States under the provisions of the packers and stockyards act of 1921, as amended, and regulations promulgated thereunder; or
    3. Approve the application by a person declaring to be a representative of the licensee by signature and include such representative under the bond or bond equivalent required pursuant to this section. The bond shall include the provisions required by the regulations promulgated pursuant to the packers and stockyards act of 1921, as amended, 9 C.F.R., part 201, section 201.31(c), known as condition clause 3.
  2. The amount of the bond must be based on the applicant’s annual volume of purchases, including purchases made by a representative of the licensee, according to a schedule adopted by the board; provided, however, that the bond shall be not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000).
  3. All bonds must be renewed or continued in force to cover dealer transactions during the period that the license is valid.

History.

I.C.,§ 25-3310, as added by 1990, ch. 182, § 10, p. 395; am. 1996, ch. 88, § 2, p. 268.

STATUTORY NOTES

Federal References.

The packers and stockyards act of 1921, referred to in this section, is compiled as 7 U.S.C.S. § 181 et seq.

Effective Dates.

Section 12 of S.L. 1990, ch. 182 provided that the act should take effect on and after July 1, 1991.

§ 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.

I.C.,§ 25-3311, as added by 1997, ch. 91, § 1, p. 217.

Chapter 34 PORK PROMOTION ASSESSMENT ACT

Sec.

§ 25-3401. Short title.

This chapter shall be known as the “Pork Promotion Assessment Act.”

History.

I.C.,§ 25-3401, as added by 1992, ch. 260, § 1, p. 752.

§ 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.

I.C.,§ 25-3402, as added by 1992, ch. 260, § 1, p. 752.

§ 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.

I.C.,§ 25-3403, as added by 1992, ch. 260, § 1, p. 752.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Compiler’s Notes.

For further information on the Idaho pork producers association, see http://www.idaho pork.org .

§ 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:
    1. The amount of the proposed assessment.
    2. The time and place of the referendum.
    3. Procedures for conducting the referendum and counting of votes.
    4. 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.

I.C.,§ 25-3404, as added by 1992, ch. 260, § 1, p. 752.

§ 25-3405. Payment and collection of assessment.

  1. The assessment shall not be collected unless more than one-half (½) of the votes cast in the referendum are in favor of the assessment. If more than one-half (½) of the votes cast in the referendum are in favor of the assessment, then the association shall notify the department of the amount of the assessment and the effective date of the assessment. The department shall notify all buyers and pork producers of the assessment.
  2. Each pork producer shall pay an assessment on each porcine animal sold to a buyer.
  3. A buyer of a porcine animal shall collect the assessment when buying a porcine animal by deducting the assessment from the price paid for the animal. The buyer shall remit collected assessments to the department no later than the tenth day of the following month. The department shall provide forms to buyers for reporting the assessment. If the total assessments collected by a buyer in a month are less than twenty-five dollars ($25.00), the buyer may keep the assessments until the total amount due is at least twenty-five dollars ($25.00) or the end of the quarter, whichever comes first. All buyers shall file at least one (1) report in each calendar quarter, regardless of the amount due.
  4. A buyer of porcine animals shall keep records of the number of porcine animals purchased and the date purchased. Records shall be maintained for two (2) years and be available for inspection and reproduction by the department at all reasonable times. All financial information or records regarding purchases of porcine animals by individual buyers shall be kept confidential by employees or agents of the department and the association, and shall not be disclosed except by court order.
  5. A pork producer, who sells directly to an out-of-state buyer, shall pay the assessment. The producer shall remit assessments to the department no later than the tenth day of the month following the date of sale. The department shall provide forms to producers for reporting and remitting the assessment. If the total assessments owed by a producer in a month are less than twenty-five dollars ($25.00), the producer may accumulate the assessments until the total amount due is at least twenty-five dollars ($25.00) or the end of the quarter, whichever comes first. All producers shall file at least one (1) report in each calendar quarter, regardless of the amount due.
  6. A producer shall keep records of the number of porcine animals sold, the market sold to and the date of sale. Records shall be maintained for two (2) years and be available for inspection and reproduction by the department at all reasonable times. All financial information or records regarding sale of porcine animals to out-of-state markets by producers shall be kept confidential by employees or agents of the department and the association, and shall not be disclosed except by court order.
  7. The association may bring an action to recover any unpaid assessments, plus the reasonable costs, including attorney fees, incurred in the action.

History.

I.C.,§ 25-3405, as added by 1992, ch. 260, § 1, p. 752.

§ 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.

I.C.,§ 25-3406, as added by 1992, ch. 260, § 1, p. 752.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” in the second sentence refers to S.L. 1992, ch. 260, which is compiled as§§ 25-3401 to 25-3407.

§ 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.

I.C.,§ 25-3407, as added by 1992, ch. 260, § 1, p. 752.

STATUTORY NOTES

Effective Dates.

Section 2 of S.L. 1992, ch. 260 declared an emergency. Approved April 8, 1992.

Chapter 35 ANIMAL CARE

Sec.

§ 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.

I.C.,§ 25-3501, as added by 1994, ch. 346, § 2, p. 1089; am. 1996, ch. 229, § 1, p. 744; am. 2006, ch. 170, § 1, p. 524; am. 2011, ch. 309, § 2, p. 877.

STATUTORY NOTES

Cross References.

Division of animal industries,§ 25-201 et seq.

Amendments.

The 2006 amendment, by ch. 170, inserted “Idaho state” near the beginning and added the last sentence.

The 2011 amendment, by ch. 309, inserted “as they pertain to production animals” in the first sentence and substituted “Local law enforcement agencies shall be responsible for the administration of the provisions of this chapter as they pertain to companion animal and shall be authorized to call upon the division” for “The division shall be authorized to call upon any peace officer in the state” at the beginning of the second sentence.

Compiler’s Notes.

Two 1994 acts, chapters 72 and 73, purported to create a new Chapter 35 in Title 25. Chapter 72 was compiled as Title 25, ch. [36] 35 (§§ [25-3601] 25-3501 to [25-3608] 25-3508) while Chapter 73 was compiled as Title 25, ch. [37] 35 (§§ [25-3701] 25-3501 to [25-3709] 25-3509). In 2001 and 2004, several of those sections reassigned to Chapter [37] from their originally enacted placement in Chapter 35 were amended and redesignated in Chapter 37 by the legislature. Additionally, S.L. 1994, ch. 346 enacted new sections in Title 25, Chapter 35 and amended and redesignated other sections from Title 18, Chapter 21, to Title 25, Chapter 35, which have been compiled as designated herein. The provisions enacted by S.L. 1994, chs. 72 and 73 were permanently renumbered by S.L. 2005, ch. 25.

§ 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:
    1. 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
    2. 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.

I.C.,§ 25-3501A, as added by 2006, ch. 170, § 2, p. 524.

§ 25-3502. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

  1. “Abandon” means to completely forsake and desert an animal previously under the custody or possession of a person without making reasonable arrangements for its proper care, sustenance and shelter.
  2. “Animal” means any vertebrate member of the animal kingdom, except man.
  3. “Animal care and control agency” means any agency incorporated under the laws of this state to which a county or municipality has conferred authority to exercise the powers and duties set forth in this chapter based upon the agency’s ability to fulfill the purposes of this chapter.
  4. “Companion animal” means those animals solely kept as pets and not used as production animals, as defined in this section, including, but not limited to, domestic dogs, domestic cats, rabbits, companion birds, and other animals.
  5. “Cruel” or “cruelty” shall mean any or all of the following:
    1. The intentional and malicious infliction of pain, physical suffering, injury or death upon an animal;
    2. To maliciously kill, maim, wound, torment, deprive of necessary sustenance, drink or shelter, cruelly beat, mutilate or cruelly kill an animal;
    3. To subject an animal to needless suffering or inflict unnecessary cruelty;
    4. To knowingly abandon an animal;
    5. To negligently confine an animal in unsanitary conditions or to negligently house an animal in inadequate facilities; to negligently fail to provide sustenance, water or shelter to an animal.
  6. “Department” means the Idaho state department of agriculture.
  7. “Department investigator” means a person employed by, or approved by, the Idaho state department of agriculture, division of animal industries, to determine whether there has been a violation of this chapter.
  8. “Division” means the division of animal industries of the Idaho state department of agriculture.
  9. “Custodian” means any person who keeps or harbors an animal, has an animal in his care or acts as caretaker of an animal.
  10. “Malicious” or “maliciously” means the intentional doing of a wrongful act without just cause or excuse, with an intent to inflict an injury or death.
  11. “Owner” means any person who has a right of property in an animal.
  12. “Person” means any individual, firm, corporation, partnership, other business unit, society, association or other legal entity, any public or private institution, the state of Idaho, or any municipal corporation or political subdivision of the state.
  13. “Pound” means a place enclosed by public authority for the detention of stray animals.
  14. “Production animal” means, for purposes of this chapter:
    1. The following animals if used for the purpose of producing food or fiber, or other commercial activity, in furtherance of the production of food or fiber, or other commercial activity, or to be sold for the use by another for such purpose: cattle, sheep, goats, swine, poultry, ratites, equines, domestic cervidae, camelidae, and guard and stock dogs; and (b) Furbearing animals kept for the purpose of commercial fur production.
  15. “Torture” means the intentional, knowing and willful infliction of unjustifiable and extreme or prolonged pain, mutilation or maiming done for the purpose of causing suffering. “Torture” shall not mean or include acts of omission or of neglect nor acts committed unintentionally or by accident. “Torture” also shall not mean or include normal or legal practices as provided in section 25-3514, Idaho Code.

History.

I.C.,§ 25-3502, as added by 1994, ch. 346, § 2, p. 1089; am. 1996, ch. 229, § 2, p. 744; am. 2006, ch. 170, § 3, p. 524; am. 2011, ch. 309, § 3, p. 877; am. 2016, ch. 190, § 1, p. 523.

STATUTORY NOTES

Cross References.

Department of agriculture,§ 22-101 et seq.

Division of animal industries,§ 25-201 et seq.

Amendments.

The 2006 amendment, by ch. 170, added present subsections (3) and (4) and redesignated former subsection (3) as (5); added present subsections (6) to (8) and redesignated former subsections (4) to (8) as (9) to (13); and added subsection (14).

The 2011 amendment, by ch. 309, in subsection (14), rewrote paragraph (a), which read: “The following animals if kept by the owner for the express purpose of producing food or fiber: cattle, sheep, goats, swine, poultry” and deleted former paragraph (c), which read: “Equines, domestic cervidae, and members of the camelidae family which includes llamas and alpacas.”

The 2016 amendment, by ch. 190, in subsection (4), inserted “solely kept as pets and not used as production animals, as defined in this section” and deleted “commonly kept as pets” from the end; in subsection (5), deleted “overdrive, overload, drive when overloaded, overwork, torture” following “wound” in paragraph (b), deleted “drive, ride or otherwise use an animal when same is unfit” in paragraph (c), and inserted “knowingly” in paragraph (d); substituted “used for the purpose” for “owned for the express purpose” in paragraph (14)(a); and added subsection (15).

§ 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.

I.C.,§ 18-2101, as added by 1972, ch. 336, § 1, p. 844; am. and redesig. 1994, ch. 346, § 3, p. 1089.

STATUTORY NOTES

Compiler’s Notes.

This section was formerly compiled as§ 18-2101.

Effective Dates.

Section 14 of S.L. 1972, ch. 336 declared an emergency and provided that the act should take effect on and after April 1, 1972.

CASE NOTES

Evidence.

Admissions of one defendant are admissible in joint trial, to prove the guilt of such defendant, though made out of the presence of the other defendant. State v. Farnsworth, 51 Idaho 768, 10 P.2d 295 (1932).

Information or Indictment.

In prosecution for poisoning animals, each of several acts which might constitute an offense may be charged conjunctively in a single count. State v. Farnsworth, 51 Idaho 768, 10 P.2d 295 (1932).

In a prosecution for poisoning animals, that defendants did maliciously “administer and expose” poison is not duplicitous. State v. Farnsworth, 51 Idaho 768, 10 P.2d 295 (1932). Indictment substantially in words of statute was sufficient notwithstanding offense was incorrectly designated as a misdemeanor instead of a felony. State v. Farnsworth, 51 Idaho 768, 10 P.2d 295 (1932).

Intent.

To constitute malice, it is not necessary that defendants know owner of animals. State v. Farnsworth, 51 Idaho 768, 10 P.2d 295 (1932).

Motive.

State does not need to prove that there was a motive or what the motive was. State v. Farnsworth, 51 Idaho 768, 10 P.2d 295 (1932).

Sentence.

Under this section, sentence is within the court’s discretion, and in the absence of an abuse the appellate court will not interfere. State v. Farnsworth, 51 Idaho 768, 10 P.2d 295 (1932).

Sentencing one defendant to penitentiary for felony, and the other to county jail for misdemeanor, was not an abuse of discretion. State v. Farnsworth, 51 Idaho 768, 10 P.2d 295 (1932).

RESEARCH REFERENCES

Am. Jur. 2d.
C.J.S.
ALR.

Liability for injury caused by spraying or dusting of crops. 37 A.L.R.3d 833.

Liability of oil and gas lessee or operator for injuries to or death of livestock. 51 A.L.R.3d 304.

Products liability: fertilizers, insecticides, pesticides, fungicides, weedkillers, and the like, or articles used in application thereof. 12 A.L.R.4th 462.

Products liability: animal feed or medicines. 29 A.L.R.4th 1045.

§ 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.

I.C.,§ 18-2102, as added by 1972, ch. 336, § 1, p. 844; am. 1979, ch. 183, § 1, p. 537; am. and redesig. 1994, ch. 346, § 4, p. 1089; am. 1996, ch. 229, § 3, p. 744; am. 2006, ch. 170, § 4, p. 524; am. 2008, ch. 47, § 1, p. 119; am. 2012, ch. 262, § 1, p. 729.

STATUTORY NOTES

Compiler’s Notes.

This section was formerly compiled as§ 18-2102.

Amendments.

The 2006 amendment, by ch. 170, added the last sentence.

The 2008 amendment, by ch. 47, inserted the second occurrence of “who,” and substituted “or who” for “and whoever” near the beginning of the sentence.

The 2012 amendment, by ch. 262, deleted “is, for every such offense, guilty of a misdemeanor and” following “subjects any animal to cruelty” in the first sentence.

Effective Dates.

Section 2 of S.L. 2008, ch. 47 declared an emergency. Approved February 27, 2008.

CASE NOTES

Malice.

In prosecution under this section, for the malicious killing, maiming, or wounding of a dog, malice is gist of action and must be established to the satisfaction of jury beyond a reasonable doubt, in order to justify conviction. State v. Churchill, 15 Idaho 645, 98 P. 853 (1909).

The offense of maliciously killing an animal is not an ingredient of the crime of calf stealing. State v. Craner, 60 Idaho 620, 94 P.2d 1081 (1939).

Sentence.

Defendant intentionally committed the act of shoving the barrel of a gun up the nose of a dog he happened to find, and firing the gun; therefore, the sentence, a six-month jail term with work release was not an abuse of sentencing discretion. State v. Joy, 120 Idaho 690, 819 P.2d 108 (Ct. App. 1991).

RESEARCH REFERENCES

ALR.

Liability of oil and gas lessee or operator for injuries to or death of livestock. 51 A.L.R.3d 304.

Liability for injury or damage caused by bees. 86 A.L.R.3d 829.

Liability for killing or injuring, by motor vehicle, livestock or fowl on highway. 55 A.L.R.4th 822.

What constitutes offense of cruelty to animals — Modern cases. 6 A.L.R.5th 733.

Challenges to pre- and post-conviction forfeitures and to post-conviction restitution under animal cruelty statutes. 70 A.L.R.6th 329.

§ 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.

I.C.,§ 25-3504A, as added by 2016, ch. 190, § 2, p. 523.

§ 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.

I.C.,§ 18-2103, as added by 1972, ch. 336, § 1, p. 844; am. and redesig. 1994, ch. 346, § 5, p. 1089; am. 1996, ch. 229, § 4, p. 744; am. 2006, ch. 170, § 5, p. 524.

STATUTORY NOTES

Amendments.

The 2006 amendment, by ch. 170, rewrote the second and third sentences which formerly read: “Whenever any such person is taken into custody therefor by any officer, such officer must take charge of such vehicle, and its contents, together with the animal and deposit them in some place of custody. Any necessary expense incurred for taking care of and keeping the same, is a lien thereon, to be paid before the same can be lawfully recovered; and if such expense, or any part thereof remains unpaid, it may be recovered, by the person incurring the same, from the owner of such animal, in an action therefor.”

Compiler’s Notes.

This section was formerly compiled as§ 18-2103.

§ 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:
    1. Any controlled substance listed in section 37-2732C, Idaho Code, is present; and
    2. Any act of gambling, as defined in section 18-3801, Idaho Code, occurs;
  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:
    1. Gaffs or other artificial or mechanical means are used to enhance pain, inflict injury or to cause death; or
    2. Any substance to enhance activity, aggressiveness or bodily energy has been administered to a gamecock;
  4. Nothing in this section prohibits any customary practice of breeding or rearing game fowl, regardless of the subsequent uses of said game fowl.

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.

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.

History.

I.C.,§ 18-2104, as added by 1972, ch. 336, § 1, p. 844; am. and redesig. 1994, ch. 346, § 6, p. 1089; am. 1996, ch. 229, § 5, p. 744; am. 2012, ch. 262, § 2, p. 729.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 262, designated the existing provisions as subsections (1) and (4) and added subsections (2) and (3).