TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 5

SEED POTATOES

22-504.  Penalty for violations. (1) Any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than ten dollars ($10.00) per hundred weight of potatoes in violation or be imprisoned in the county jail for not more than six (6) months or be subject to both such fine and imprisonment.

(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 dollars ($10.00) per hundred weight of potatoes in violation 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 chapter 52, title 67, Idaho Code. If the department 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 department has assessed a civil penalty under the provisions of this chapter 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 violations shall be remitted to the agricultural inspection account.

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

History:

[22-504, added 1939, ch. 144, sec. 4, p. 261; am. 1996, ch. 215, sec. 4, p. 701.]