§144-12  Penalties.  (a)  Any person
convicted of violating any of the provisions of this chapter or the rules
issued thereunder or who shall impede, obstruct, hinder, or otherwise prevent
or attempt to prevent the department or its duly authorized agent in
performance of the agent's duty in connection with this chapter, shall be
adjudged guilty of a misdemeanor.  In all prosecutions under this chapter
involving the composition of a lot of feed, a certified copy of the official
analysis signed by the chemist shall be accepted as prima facie evidence of the
composition.



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



(c)  Each county attorney or prosecuting
attorney to whom any violation is reported shall cause appropriate proceedings
to be instituted and prosecuted in a court of competent jurisdiction without
delay.  Before the department reports a violation for prosecution, an
opportunity shall be given the distributor or owner to present the distributor's
or owner's view to the department.



(d)  The department may apply for and the court
may grant a temporary or permanent injunction restraining any person from
violating or continuing to violate this chapter or any rule promulgated under
the chapter notwithstanding the existence of other remedies at law.  The
injunction 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 days
thereafter bring action in the circuit court for new trial of the issues
bearing upon the act, order, or ruling, and upon trial the court may issue and
enforce 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 relevant
in any judicial proceeding, any information acquired under the authority of
this chapter, concerning any method, records, formulations, or processes which
as a trade secret is entitled to protection, is guilty of a misdemeanor;
provided that this prohibition shall not be deemed as prohibiting the
department, or its duly authorized agent, from exchanging information of a
regulatory nature with duly appointed officials of the United States
government, or of other states, who are similarly prohibited by law from
revealing 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



 



  Administrative
hearings and review, see chapter 91.



 



Rules of Court



 



  Appeal to circuit
court, see HRCP rule 72.