2-1422a. Seizure of mislabeled seed; disposition; injunction.
2-1422a
2-1422a. Seizure of mislabeled seed; disposition; injunction.
Agricultural seed which is mislabeled shall be considered a common
nuisance and subject to seizure and injunction in the manner as provided by
law. In the event the court finds the seed to be in violation of this act,
and orders the condemnation of said seed, it may be denatured, reprocessed,
destroyed, relabeled, or otherwise disposed of as the court may direct:
Provided, That in no instance shall the court order a disposition of
said seed without first having given the defendant an opportunity to be
heard and to apply to the court (a) for permission to reprocess or relabel
it to bring it into compliance with law and any rules or regulations
applicable thereto, and (b) for a release of said seed. When, in the
performance of duties, the secretary or a duly authorized representative of
the secretary, applies to any court for a temporary restraining order or a
temporary or permanent injunction, restraining any person from violating or
continuing to violate any of the provisions of this act, or any rule and
regulation under this act, said order shall be issued without bond, and
said order shall be issued without regard to whether any criminal
proceeding has been instituted.
History: L. 1949, ch. 3, § 2; L. 1961, ch. 5, § 6; July 1.