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 commonnuisance and subject to seizure and injunction in the manner as provided bylaw. 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 ofsaid seed without first having given the defendant an opportunity to beheard and to apply to the court (a) for permission to reprocess or relabelit to bring it into compliance with law and any rules or regulationsapplicable thereto, and (b) for a release of said seed. When, in theperformance of duties, the secretary or a duly authorized representative ofthe secretary, applies to any court for a temporary restraining order or atemporary or permanent injunction, restraining any person from violating orcontinuing to violate any of the provisions of this act, or any rule andregulation under this act, said order shall be issued without bond, andsaid order shall be issued without regard to whether any criminalproceeding has been instituted.
History: L. 1949, ch. 3, § 2; L. 1961, ch. 5, § 6; July 1.