2005 Idaho Code - 25-237 — DISPOSAL OF DEAD ANIMAL BODIES, CARCASSES AND BODY PARTS

                                  TITLE  25
                                   ANIMALS
                                  CHAPTER 2
                          INSPECTION AND SUPPRESSION
                         OF DISEASES AMONG LIVESTOCK
    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.