201A.9 - ENFORCEMENT ACTIONS.
201A.9 ENFORCEMENT ACTIONS.
If the department finds that agricultural liming material is being
manufactured, used, sold, offered for sale, or exposed for sale in
violation of this chapter, the department may enforce the provisions
of this chapter by doing any of the following:
1. Issuing and enforcing a stop order to prevent the manufacture,
sale, or removal of agricultural liming material. The order may
require that the owner or custodian hold the agricultural liming
material at a place designated in the order. The stop order shall be
in writing and served upon the person owning or controlling the
manufacture or sale of the agricultural liming material. The
department shall provide for the termination of the stop order upon
compliance with the provisions of this chapter. The termination of
the stop order shall be in writing and served upon the person as
provided for in the stop order. The department may place conditions
upon the termination of the stop order, including the payment of
reasonable expenses incurred by the department in issuing and
enforcing the stop order.
2. Obtaining a court order upon petition filed in district court
for the county where the agricultural liming material is being
manufactured, sold, offered for sale, or exposed for sale. The court
may be petitioned by the department, or, upon request by the
department, the attorney general or the county attorney. The court
shall hear from all parties in the case. The court may issue an
order for any of the following:
a. The seizure of the agricultural liming material. The
court shall issue an order, if the court finds that the petition is
supported by facts that agricultural liming material is being
manufactured, sold, offered for sale, or exposed for sale in
violation of this chapter, and the agricultural liming material must
be condemned because it fails to meet standards required in this
chapter. If warranted, the court shall order that the agricultural
liming material be disposed of in a manner provided by rules adopted
by the department, which may include reprocessing or relabeling the
agricultural liming material in order to ensure that it complies with
this chapter. The court may provide that any party to the case
dispose of the agricultural liming material.
b. A temporary or permanent injunction against a person
violating the provisions of this chapter. The court shall issue an
order, if the court finds that the petition is supported by facts
that agricultural liming material is being manufactured, sold,
offered for sale, or exposed for sale in violation of this chapter.
In order to obtain injunctive relief, the department shall not be
required to post a bond or prove the absence of an adequate remedy at
law, unless the court for good cause otherwise orders. The court may
order any form of prohibitory or mandatory relief that is appropriate
under principles of equity. Section History: Recent Form
96 Acts, ch 1096, § 11, 15