3-421. Violations; civil penalties; hearing;
court action
A. A person who violates a marketing order or marketing agreement three times
during a marketing season is subject to a civil penalty of at least fifty dollars but not
more than five hundred dollars for the first offense and a civil penalty of at least one
hundred dollars but not more than one thousand dollars for subsequent offenses. A person
who intentionally violates a marketing order is subject to a civil penalty of at least
one thousand dollars but not more than ten thousand dollars. Each day of violation is a
separate offense. A person who knowingly furnishes a false report is subject to a civil
penalty of five hundred dollars.
B. For civil actions, an administrative hearing may be obtained pursuant to title
41, chapter 6, article 10.
C. The director, marketing commission or marketing committee may apply to the
superior court for a temporary restraining order or injunction if there are three or more
violations of a marketing order, marketing agreement or this article or any rules adopted
pursuant to this article during a marketing season. If the director, marketing
commission or marketing committee is successful in the court action, the defendant may be
required to pay the costs of prosecution. A court action may be brought in the county
where the defendant resides or where the act or omission occurred or in the county of the
state capital.
D. An action for penalties must be commenced within three years after the
violation. The suspension, substantial change or termination of any marketing order or
marketing agreement does not suspend or terminate any causes of action that have accrued
under it.
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