3-283. Violations; notice; criminal
classification; injunctive relief
A. If it appears from the examination of any fertilizer material 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, as
appropriate:
1. The director may cause notice of the violation to be given to the licensee or
person responsible for placing the fertilizer material on sale. Any person so notified
shall be given opportunity to be heard. If the hearing officer finds, 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 department legal counsel or the county attorney.
2. The director may request the county attorney to initiate criminal prosecution
under this paragraph. Any person who knowingly violates any provision of this article or
the rules adopted under this article is guilty of a class 2 misdemeanor.
3. 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.
4. 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.
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