§ 2-7-18 - Violations.

SECTION 2-7-18

   § 2-7-18  Violations. – (a) If it appears from the examination of any commercial fertilizer that any ofthe provisions of this chapter or the rules and regulations issued under thischapter have been violated, the director shall cause notice of the violationsto be given to the registrant, distributor, or possessor from whom the samplewas taken; any person notified shall be given opportunity to be heard under anyrules and regulations that may be prescribed by the director. If it appearsafter the hearing, either in the presence or absence of the person so notified,that any of the provisions of this chapter or rules and regulations issuedunder this chapter have been violated, the director may certify the facts tothe attorney general.

   (b) Any person convicted of violating any provision of thischapter or rules and regulations issued under this chapter shall be punished inthe discretion of the court.

   (c) Nothing in this chapter shall be construed as requiringthe director or the director's representative to report for prosecution or forthe institution of seizure proceedings as a result of minor violations of thechapter when the director believes that the public interest will be best servedby a suitable notice of warning in writing.

   (d) It is the duty of the attorney general to whom anyviolation is reported to cause appropriate proceedings to be instituted andprosecuted in a court of competent jurisdiction without delay.

   (e) The director is authorized to apply for and the court togrant a temporary or permanent injunction restraining any person from violatingor continuing to violate any of the provisions of this chapter or any rule orregulation promulgated under the chapter notwithstanding the existence of otherremedies at law. The injunction shall be issued without bond.