3-2616

3-2616. Violations; notice; criminal
classification; injunctive relief; exceptions

A. If it appears from the examination of any whole cottonseed, commercial feed or
customer-formula feed that any of the provisions of this article or the rules adopted
under this article have been violated, the director shall pursue one or more of the
following courses of enforcement:

1. The director may cause notice of the violation to be given to the licensee or
person responsible for placing the feed on sale. Any person so notified shall be given
opportunity to be heard under such rules as are prescribed by the director. If the
director finds after such hearing, either in the presence or absence of the person so
notified, that any of the provisions of this article or rules adopted under this article
have been violated, the director may certify the facts to the county attorney.

2. The director may request the county attorney to initiate criminal
prosecution. Each county attorney to whom any such violation is reported shall cause
appropriate proceedings to be instituted and prosecuted in a court of competent
jurisdiction without delay.

3. Any person convicted of violating any of the provisions of this article or the
rules adopted under this article, or who impedes, obstructs, hinders or otherwise
prevents or attempts to prevent the director or the director's duly authorized agent in
the performance of the director's duty under the provisions of this article, is guilty of
a class 2 misdemeanor.

4. In all prosecutions under this article involving the composition of a lot of
commercial feed or customer-formula feed, a certified copy of the official analysis
signed by the director or the director's agent shall be accepted as prima facie evidence
of the composition of the feed.

5. Nothing in this article shall be construed as requiring the director or the
director's representative to report for prosecution or for the institution of seizure
proceedings minor violations of this article if the director believes that the public
interest will be best served by a suitable notice of warning in writing.

6. The director may apply for and the court may grant a temporary or permanent
injunction restraining any person from violating or continuing to violate any of the
provisions of this article or any rule adopted under this article notwithstanding the
existence of other remedies at law.

B. Any monies collected pursuant to this section shall be deposited, pursuant to
sections 35-146 and 35-147, in the state general fund.

C. The provisions of this article shall not apply to:

1. Bulk commercial or customer formula feeds which are not adulterated pursuant to
section 3-2611 and supplied for consumption on the premises owned or controlled by a
commercial feedlot or commercial livestock operation.

2. Hay, straw, shover, silage, cobs, husks, hulls, chemical compounds or substances
and whole seeds unmixed or physically altered entire unmixed seeds which are not
adulterated pursuant to section 3-2611.