§144-12  Penalties.  (a)  Any personconvicted of violating any of the provisions of this chapter or the rulesissued thereunder or who shall impede, obstruct, hinder, or otherwise preventor attempt to prevent the department or its duly authorized agent inperformance of the agent's duty in connection with this chapter, shall beadjudged guilty of a misdemeanor.  In all prosecutions under this chapterinvolving the composition of a lot of feed, a certified copy of the officialanalysis signed by the chemist shall be accepted as prima facie evidence of thecomposition.

(b)  Nothing in this chapter shall be construedas requiring the department or its representative to report for prosecution orfor the institution of seizure proceedings as a result of minor violations ofthe chapter when the department or its representative believes that the publicinterest will be best served by a suitable notice of warning in writing.

(c)  Each county attorney or prosecutingattorney to whom any violation is reported shall cause appropriate proceedingsto be instituted and prosecuted in a court of competent jurisdiction withoutdelay.  Before the department reports a violation for prosecution, anopportunity shall be given the distributor or owner to present the distributor'sor owner's view to the department.

(d)  The department may apply for and the courtmay grant a temporary or permanent injunction restraining any person fromviolating or continuing to violate this chapter or any rule promulgated underthe chapter notwithstanding the existence of other remedies at law.  Theinjunction is to be issued without bond.

(e)  Any person adversely affected by an act,order, or ruling made pursuant to this chapter may within forty-five daysthereafter bring action in the circuit court for new trial of the issuesbearing upon the act, order, or ruling, and upon trial the court may issue andenforce such orders, judgments, or decrees as the court may deem proper, just,and equitable.

(f)  Any person who uses to the person's advantage,or reveals to other than departmental officers or to the courts when relevantin any judicial proceeding, any information acquired under the authority ofthis chapter, concerning any method, records, formulations, or processes whichas a trade secret is entitled to protection, is guilty of a misdemeanor;provided that this prohibition shall not be deemed as prohibiting thedepartment, or its duly authorized agent, from exchanging information of aregulatory nature with duly appointed officials of the United Statesgovernment, or of other states, who are similarly prohibited by law fromrevealing this information. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1,§22; am L 1961, c 132, §2; Supp, §24-13; HRS §144-13; am L 1979, c 186, pt of§1; am and ren L 1983, c 214, pt of §2; gen ch 1985]

 

Cross References

 

  Administrativehearings and review, see chapter 91.

 

Rules of Court

 

  Appeal to circuitcourt, see HRCP rule 72.