75-33-37 - Penalties.
§ 75-33-37. Penalties.
(1) Any person who violates the provisions of this article shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one (1) year, or both; however, if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in Section 4(g)(8) of the U. S. Poultry Inspection Act as amended), such person shall be fined not more than ten thousand dollars ($10,000.00) or imprisoned not more than three (3) years, or both. When construing or enforcing the provisions of said sections the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person.
(2) No carrier for hire shall be subject to the penalties of this article, other than the penalties for violation of Section 11 of the U. S. Poultry Inspection Act as amended, by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier, of poultry or poultry products, owned by another person unless the carrier has knowledge, or is in possession of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked in accordance with the provisions of this article or were otherwise not eligible for transportation under this article or unless the carrier refuses to furnish on request of a representative of the commissioner of agriculture and commerce, the name and address of the person from whom he received such poultry or poultry products, and copies of all documents, if any there be, pertaining to the delivery of the poultry or poultry products to such carrier.
(3) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this article shall be fined not more than five thousand dollars ($5,000.00) or imprisoned not more than three (3) years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than ten thousand dollars ($10,000.00) or imprisoned not more than ten (10) years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this article shall be punished as provided by the general laws of this state.
Sources: Codes, 1942, § 4575-19; Laws, 1960, ch. 141, § 19; Laws, 1972, ch. 477, § 3, eff from and after 30 days after passage (approved May 9, 1972).