2-1208.   Violations; misdemeanor; seizure; injunction.(1) It shall be deemed a violation of this act for any person to sell,offer or expose for sale, or distribute in this state any commercialfertilizer or to take or receive from any person in this state any orderfor any commercial fertilizer, or to directly or indirectly contract withany person for the sale of any commercial fertilizer which commercialfertilizer: (a) Is not registered; (b) is not labeled as required by theprovisions of this act and the authorized rules and regulations; (c) bearsa false or misleading statement on the application for registration, thelabel or the advertising accompanying the commercial fertilizer.

      (2)   It shall be deemed a violation of this act for any person to: (a)Mutilate, destroy, obliterate or remove the label or any part thereof; ordo any act which may result in the misbranding or false labeling of anycommercial fertilizer; (b) fail or neglect to file the tonnage reports oraffidavit or pay the inspection fee as required by this act; (c) impede,obstruct, hinder or otherwise prevent or attempt to prevent the secretaryor authorized agents of the secretary in the performance of their duty inconnection with the administration of the provisions of this act.

      (3)   Any person who shall violate any of the provisions of this act orthe rules and regulations issued thereunder, shall be deemed guilty of amisdemeanor and upon conviction thereof shall be fined not more than onehundred dollars for the first violation and not less than one or more thanfive hundred dollars for each subsequent violation.

      (4)   Any commercial fertilizer not in compliance with the provisions ofthis act shall be deemed a nuisance and shall be subject to seizure in aproceeding before a court of competent jurisdiction. In the event the saidcourt finds the commercial fertilizer to be in violation of law the courtmay release the commercial fertilizer, after the filing of a bond by aproper claimant to insure compliance with the order of the court and toinsure that the product will be sold or disposed of in compliance with law.The district courts of the state of Kansas shall have jurisdiction torestrain violations of this act by injunction without any criminalproceeding being first initiated.

      (5)   It shall not be deemed a violation of this act for the secretary orauthorized representatives of the secretary to remove a label or any partthereof from a package or container of commercial fertilizer as evidence inconnection with the administration of the provisions of this act.

      History:   L. 1927, ch. 14, § 8; L. 1949, ch. 2, § 6; July 1.