TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 5

INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING

37-509.  Penalty for violations. (1) Whoever shall violate any of the provisions of this chapter or the rules promulgated hereunder for carrying out any requirements herein specified may be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense.

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

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

(4)  If the department is unable to collect such penalty or if any person, corporation, cooperative or company 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.

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

(6)  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:

[(37-509) 1913, ch. 132, sec. 6, p. 483; reen. C.L. 65:77; C.S., sec. 1744; I.C.A., sec. 36-709; am. 1992, ch. 93, sec. 16, p. 302; am. 2011, ch. 115, sec. 7, p. 318.]