Sec. 22-111o. Procedure on violations.
Sec. 22-111o. Procedure on violations. (a) If it appears from the examination of
any commercial fertilizer that any provision of this chapter or the regulations issued
thereunder has been violated, the commissioner shall cause notice of the violation to be
given to the registrant, distributor or possessor from whom the sample was taken. Any
person so notified shall be given opportunity to be heard under such regulations as may
be prescribed by the commissioner. If it appears after such hearing, either in the presence
or absence of the person so notified, that any of the provisions of this chapter or rules
and regulations issued thereunder have been violated, the commissioner may certify the
facts to the prosecuting officer having jurisdiction.
(b) Any person convicted of violating any provision of this chapter or any regulation
issued thereunder shall be fined not more than five hundred dollars.
(c) Nothing in this chapter shall be construed as requiring the commissioner or his
representative to report for prosecution or for the institution of seizure proceedings
minor violations of this chapter when he believes that the public interests will be best
served by a suitable notice of warning in writing.
(d) Each prosecuting officer to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction
without delay.
(e) The commissioner may apply for and any court of competent jurisdiction may
grant a temporary or permanent injunction restraining any person from violating or
continuing to violate any provision of this chapter or any regulation promulgated thereunder notwithstanding the existence of other remedies at law. Such injunction shall be
issued without bond.
(February, 1965, P.A. 198, S. 15; P.A. 73-278, S. 11, 21.)
History: P.A. 73-278 replaced "director", i.e. director of Agricultural Experiment Station, with "commissioner", i.e.
commissioner of agriculture.