§ 2-18-102 - Penalty -- Revocation of certificate.

2-18-102. Penalty -- Revocation of certificate.

(a) (1) Any person shall be guilty of a violation who:

(A) Falsely advertises or proclaims that seed has been certified by the State Plant Board;

(B) Uses any emblem, label, or language for the purpose of misleading a person into believing that seed has been certified by the board when it has not;

(C) Misuses any tag, label, or certificate issued by the board;

(D) Obtains or attempts to obtain certification for seed or plants by making false statements or misrepresentations to the board or to the board's inspectors, deputies, or agents;

(E) Having received a certificate, violates any of the rules and regulations of the board made pursuant to this chapter; or

(F) Violates any agreement made as a condition for receiving a certificate.

(2) Upon conviction, an offender shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for each offense.

(b) (1) When the person holds a certificate from the board, the certificate, after a hearing before the Director of the State Plant Board has been given to the person, shall be revoked by the director regardless of whether a prosecution is commenced.

(2) (A) Any person whose certificate is revoked by the director shall be entitled to an appeal to the board.

(B) The board's decision shall be final.