Title 25 — ANIMALS

25-3701. Domestic cervidae farming deemed agricultural pursuit. It shall be lawful for any person, association or corporation to breed, own or control domestic cervidae, which are defined as fallow deer (dama dama), elk (cervus elaphus) or reindeer (rangifer tarandus), but shall …

25-3702. Transfer of functions from fish and game commission to department of agriculture. All the functions of the fish and game commission and the department of fish and game, which affect the breeding, raising, producing, marketing, or any other phase of the production or dist…

25-3703. Application of laws relating to livestock and domestic animals. All of the provisions of chapters 2, 3, 4 and 6, title 25, Idaho Code, applicable to livestock and domestic animals, except those provisions which by their terms are restricted to swine, bovine animals, dair…

25-3703A. Official permanent identification. All domestic cervidae located in Idaho shall be identified with two (2) types of official permanent identification. At least one (1) of the official permanent identifications shall be visible from a minimum of one hundred fifty (150) f…

25-3704. Rules for registering premises and disease prevention. The administrator of the division of animal industries is hereby authorized and empowered to make, promulgate, and enforce general and reasonable rules not inconsistent with law, for the registration of domestic cerv…

25-3704A. domestic cervidae ranch surveillance. All brain tissue samples from no less than ten percent (10%) of all domestic cervidae sixteen (16) months of age or older that die or are harvested on domestic cervidae farms or ranches shall be submitted by the owner or operator of…

25-3705. Inspection of cervidae farms — ranches. The division of animal industries and any of its officers shall have the right, at any reasonable time, to inspect any domestic cervidae farm or ranch, and may go upon such farms or ranches or any part thereof where such animals ar…

25-3705A. Escape of domestic cervidae. (1) It is the duty of the owners and operators of domestic cervidae farms or ranches to: (a) Take all reasonable actions to prevent the escape of domestic cervidae located on such farms or ranches; (b) Ensure that perimeter fences and gates …

25-3705B. Wild ungulates. The Idaho department of fish and game shall cooperate with the division of animal industries and the owner or operator of any domestic cervidae farm or ranch, where any wild ungulates are found within the perimeter fences of the domestic cervidae farm or…

25-3705C. quarantine — fencing — tissue samples. (1) For purposes of this chapter: (a) "Commingled" or "commingling" means animals that have direct contact with each other; have less than ten (10) feet of physical separation; or share equipment, pasture, or water sources or a wat…

25-3706. Violations — Civil — Criminal — Penalties for violations. (1) Failure to comply with provisions applicable to domestic cervidae as set forth in chapters 2, 3, 4 and 6 of title 25, Idaho Code, the provisions of this chapter, or rules promulgated thereunder, shall constitu…

25-3707. Property rights in domestic cervidae. Domestic cervidae shall be, together with their offspring and increases the subject of ownership, lien and absolute property rights, (the same as purely domestic animals) in whatever situation, location, or condition such animals may…

25-3708. Fees. (1) There is hereby imposed, on domestic cervidae, a fee, as determined by the director, not to exceed ten dollars ($10.00) per head per year and shall be due on January 1 of each year. Such fee shall apply to all domestic cervidae present at the farm or ranch as o…

25-3709. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of application of the act which can be given effect without the invalid provision or application, and to…

25-3801. Declaration of policy and statement of legislative intent. (1) The agriculture industry is a vital component of Idaho’s economy and during the normal course of producing the food and fiber required by Idaho and our nation, odors are generated. It is the intent of the leg…

25-3802. Authority and duties of the director concerning odors from agricultural operations. The director of the department of agriculture is authorized to regulate odors from agricultural operations. In order to carry out its duties pursuant to the provisions of this chapter, th…

25-3803. Definitions. When used in this chapter: (1) "Accepted agricultural practices" means those management practices normally associated with agriculture in Idaho, and which should include management practices intended to control odor generated by an agricultural operation. (2…

25-3804. Design and construction. All new or modified liquid waste systems shall be designed by licensed professional engineers, approved by the director of the department of agriculture for compliance with the provisions of this chapter, and constructed in accordance with standa…

25-3805. First time violators — Odor management plan — Exceptions. (1) If it is determined by the department that an agricultural operation, not to include those operations set forth within section 25-3801(2), Idaho Code, is generating odors in excess of levels associated with ac…

25-3806. Inspections — Records confidential. The director or his designee is authorized to enter and inspect any agricultural operation and have access to or copy any facility records deemed necessary to ensure compliance with the provisions of this chapter or required odor manag…

25-3807. Complaints. The department shall respond to all odor complaints lodged against agriculture operations. A complaint must include the name, address and telephone number of the complainant. The response of the department may be limited to informing the complainant that an o…

25-3808. Subsequent violations — Penalties. (1) An agricultural operation, after having been determined to have committed a first time violation of the provisions of this chapter, shall be deemed to have committed a subsequent violation if the operation: (a) Is determined by the …

25-3809. Agriculture odor management fund. There is hereby created in the state treasury a fund to be known as the agriculture odor management fund, which shall consist of all moneys which may be appropriated to it by the legislature or made available to it from federal, private …

25-3901. Declaration of policy and statement of legislative intent. The Idaho legislature finds and declares that the agriculture industry, wildlife of the state, and the environment are all important components of Idaho’s economy, and that it is in the public interest to strictl…

25-3902. Authority of the department of agriculture and the division of animal industries. The department of agriculture and the administrator of the division of animal industries are authorized and empowered to regulate or prohibit the importation or possession of any deleteriou…

25-3903. Rules for importation or possession of deleterious exotic animals. The administrator of the division of animal industries is hereby authorized and empowered to make, promulgate and enforce necessary administrative rules in compliance with chapter 52, title 67, Idaho Code…

25-3904. Designation of deleterious exotic animals. The administrator of the division of animal industries shall, in cooperation with the director of the department of fish and game, designate by rule or order any animal, not native to Idaho, which is determined to be dangerous t…

25-3905. Violations — Civil — Criminal — Penalties for violations. (1) Failure to comply with the provisions of this chapter, or the rules promulgated hereunder, shall constitute a violation. Civil penalties may be assessed against a violator as follows: (a) A civil penalty as as…

25-4001. SHORT TITLE. This chapter shall be known as the "Poultry Environmental Act."

25-4002. DEFINITIONS. As used in this chapter: (1) "Administrator" means the administrator, or his designee, for the animal industries division of the Idaho department of agriculture. (2) "Animal feeding operation" or "AFO" means a lot or facility where the following conditions a…

25-4003. PERMIT REQUIRED. (1) No person shall construct, operate or expand a poultry CAFO of any size without first obtaining a permit issued by the director. (2) Two (2) or more poultry CAFOs under common control of the same person may be considered, for purposes of permitting, …

25-4004. PERMIT APPLICATION. (1) Every person who is required to obtain a permit under this chapter shall submit a permit application to the department prior to facility operation or expansion. A permit application will be used to determine if the construction and operation plans…

25-4005. EXISTING FACILITIES. (1) Existing large and medium poultry CAFO owners shall register with the department no later than January 1, 2012, upon forms created by the department. None of the provisions in this section shall be construed to deny an existing operation the oppo…

25-4006. DESIGN AND CONSTRUCTION. Each new or modified large and medium CAFO shall design and construct all new and modified wastewater storage and containment facilities in accordance with the engineering standards and specifications provided by the natural resource conservation…

25-4007. NUTRIENT MANAGEMENT PLANS. (1) All permitted CAFOs shall have and implement a nutrient management plan that has been reviewed and approved by the department. (2) Nutrient management plans shall be amended if modifications to the CAFO, as outlined in the nutrient manageme…

25-4008. INSPECTIONS. The director or his designee in the division of animal industries is authorized to enter and inspect any AFO and have access to or copy any facility records deemed necessary to ensure compliance with the provisions of this chapter. The director shall comply …

25-4009. COMPLIANCE SCHEDULES AND MONITORING. (1) Compliance schedule. The director may establish a compliance schedule for facilities as part of the permit conditions including: (a) Specific steps or actions to be taken by the permittee to achieve compliance with applicable requ…

25-4010. FEES AND ASSESSMENTS TO BE COLLECTED. (1) The department may levy a fee or assessment against the permit holder for the purpose of carrying out the provisions of this chapter and rules promulgated hereunder. (2) Fees or assessments collected shall be used for costs relat…

25-4011. DESIGNATION. (1) The director may, on a case by case basis, designate a poultry AFO as a medium poultry CAFO if it is determined that the AFO is a significant contributor of pollutants to waters of the state. The designated medium poultry CAFO will be required to follow …

25-4012. AUTHORITY TO PROMULGATE RULES. (1) The legislature finds that poultry AFOs require adequate control through state regulatory mechanisms in order to prevent such operations from posing a threat to the state’s water resources. The Idaho state department of agriculture is i…

25-4013. VIOLATIONS. (1) The failure by a permittee to comply with the provisions of this chapter, rules promulgated hereunder, or with any permit condition shall be deemed a violation. (2) Any person who knowingly makes a false statement, representation, or certification in any …

25-4014. PENALTY FOR VIOLATIONS. Whoever shall violate any of the provisions of this chapter or the rules promulgated hereunder: (1) 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…

25-4015. DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT. (1) The legislature recognizes the importance of protecting state natural resources including surface water and ground water. It is the intent of the legislature to protect the quality of these natural resources …