[§142-32]  Administrative penalties.  (a)  Except as otherwise provided by law, the department of agriculture [and biosecurity] may set, charge, and collect administrative fines, fees, and costs for any violation of this chapter for which a penalty is not otherwise provided, including attorneys' fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder.

     (b)  For any administrative violation of this chapter or any rule adopted thereunder, unless provided otherwise by law, the fine shall be as follows:

     (1)  For a first violation, or any violation not preceded within a five-year period for the same violation, a fine of not more than $200;

     (2)  For a second violation within five years of a previous violation, a fine of not more than $500; and

     (3)  For a third or subsequent violation within five years of a previous violation, a fine of not more than $1,000.

Each day or instance of violation shall constitute a separate violation.

     (c)  The board of agriculture [and biosecurity] may impose applicable fines by order in addition to any other administrative or judicial remedy provided by this chapter or any rule adopted thereunder.

     (d)  For any judicial proceeding to recover a fine, fee, or cost imposed under this section, the chairperson of the board of agriculture [and biosecurity] need only show that:

     (1)  Notice was given and a hearing was held or the time granted for requesting a hearing has expired without receiving a request;

     (2)  The fine, fee, or cost was imposed; and

     (3)  The fine, fee, or cost remains unpaid.

     (e)  In addition to any other administrative or judicial remedy provided in this chapter or any rule adopted thereunder, the department of agriculture [and biosecurity] may impound, seize, confiscate, destroy, quarantine, sell, auction, or dispose of any animal, animal product, container, crate, or any other item under the jurisdiction of this chapter in the best interest of the State.

     (f)  Any criminal action against a person for any violation of this chapter or any rule adopted thereunder shall not preclude the State from pursuing civil legal action to recover administrative fines, fees, or costs or damages against the person.  Any civil legal action to recover administrative fines, fees, or costs or damages for a violation of this chapter or any rule adopted thereunder shall not preclude the State from pursuing any appropriate criminal action against that person.  Unless otherwise provided, all fines, fees, costs, and damages recovered by the department of agriculture [and biosecurity] pursuant to this section shall be deposited in the animal industry special fund established under section 142-3.6. [L 2025, c 235, pt of §5]