TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 4

PURE SEED LAW

22-421.  Violations, prosecutions and penalties. (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 three thousand dollars ($3,000) or be imprisoned in the county jail for not more than twelve (12) months or be subject to both such fine and imprisonment.

Violations shall include, but are not limited to, mislabeling of variety, mislabeling prohibited noxious weed seeds, exceeding restricted noxious weed tolerances, failure to keep records as specified in section 22-419, Idaho Code, mislabeling purity or germination percentages, and any other intentional mislabeling.

When the director or his authorized agents shall find that any person has violated any of the provisions of this chapter, he or his duly authorized agents may institute proceedings in a court of competent jurisdiction in the county in which the violation occurred, or the director may file with the attorney general such evidence as may be deemed necessary; provided, however, that the director may permit the defendant to appear before the director to introduce evidence either in person or by agent or attorney at a private hearing. If, after such hearing, or without such hearing in case the defendant or his agent or attorney fails or refuses to appear, the director is of the opinion that the evidence warrants prosecution, he shall proceed as herein provided.

It shall be the duty of the prosecuting attorney of the county in which the violation occurred to institute proceedings at once against any person charged with a violation of this chapter, if, in the judgment of the officer the information submitted warrants action.

After judgment by the court in any case arising under this chapter, the director shall publish any information pertinent to the issuance of the judgment by the court in such media as he may designate from time to time.

(2)  Any person who violates or fails to comply with any of the provisions of this chapter or any regulations promulgated under this chapter may be assessed a civil penalty by the department or its duly authorized agent of not more than two thousand dollars ($2,000) for each offense and shall be liable for reasonable attorney 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. 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 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 or regulation shall be remitted to the agricultural inspection seed testing account.

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

History:

[22-421, added 1951, ch. 243, sec. 8, p. 508; am. 1974, ch. 18, sec. 9, p. 364; am. 1987, ch. 188, sec. 9, p. 381; am. 1993, ch. 207, sec. 1, p. 568.]