44-6-113 - Violation a misdemeanor Penalties Construction Injunction Judicial review.
44-6-113. Violation a misdemeanor Penalties Construction Injunction Judicial review.
(a) Any person convicted of violating any of the provisions of this chapter or who impedes, hinders or otherwise prevents, or attempts to prevent, the commissioner or the commissioner's duly authorized agent in performance of that official's duty in connection with this chapter commits a Class C misdemeanor. In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the commissioner or the commissioner's authorized agent shall be accepted as prima facie evidence of the composition.
(b) Nothing in this chapter shall be construed as requiring the commissioner or the commissioner's representative to:
(1) Report for prosecution;
(2) Institute seizure proceedings; or
(3) Issue a withdrawal from distribution order,
as a result of minor violations of this chapter, or when that official believes the public interest will best be served by suitable notice of warning in writing.
(c) The commissioner is authorized to apply for, and the court to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction is to be issued without bond.
(d) Any person adversely affected by an act, order or ruling made pursuant to this chapter may within forty-five (45) days thereafter bring action in the chancery court of Davidson County, or the chancery court in the county of the residence or principal place of business of the party adversely affected, for judicial review of the act, order or ruling. The form of the proceeding shall be any that may be provided by statutes of this state to review decisions of administrative agencies, or in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.
[Acts 1972, ch. 488, § 13; T.C.A., § 44-1130; Acts 1989, ch. 591, § 113.]