TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 54

IDAHO PRODUCE SAFETY

22-5406.  VIOLATIONS — penalties. 

(1)(a) It is a violation for any person to:

(i)   Fail to comply with any of the provisions of this chapter or any rules promulgated under this chapter; or

(ii)  Interfere or attempt to interfere with the director in the performance of his duties under this chapter or rules promulgated under this chapter.

(b)  The department may assess a civil penalty against a violator of not more than ten thousand dollars ($10,000) for each violation or one thousand dollars ($1,000) for each day of a continuing violation, in addition to reasonable attorney’s fees in accordance with section 12-117, Idaho Code.

(2)  The department may assess a civil penalty in conjunction with any other department administrative action.

(3)  The department may not assess a civil penalty 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.

(4)  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. In addition to the assessed penalty, the department shall be entitled to recover, in accordance with section 12-117, Idaho Code, reasonable attorney’s fees and costs incurred in such action or on appeal from such action.

(5)  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 department, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.

(6)  All civil penalties collected pursuant to this section shall be remitted to the produce safety account of the department.

History:

[22-5406, added 2018, ch. 216, sec. 2, p. 488.]