§ 2-11-38 — Proceedings for Enforcement of Provisions of Chapter and Rules or Regulations Promulgated Thereunder Generally

Alabama § 2-11-38

• Jurisdiction: Alabama
• Title 2: Agriculture
• Ch. 11: Marketing, Grading and Standards of Farm Products and Fish
• Art. 2: Marketing of Catfish

Text

(a) It shall be the duty of each district attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for such prosecution, an opportunity shall be given the distributor or other affected person to present his view to the commissioner.
(b) The commissioner is hereby authorized to apply for and the court to grant a temporary restraining order or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article, notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
(c) Nothing in this article shall be construed as requiring the commissioner to report for prosecution or for the institution of libel or injunctive proceedings minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice of warning.

Legislative History

(Acts 1975, No. 1191, p. 2333, §7.)