§ 2-21-31 — Penalties for Violations of Chapter or Rules and Regulations; Injunctive Relief; Warning Notices

Alabama § 2-21-31

• Jurisdiction: Alabama
• Title 2: Agriculture
• Ch. 21: Commercial Feeds

Text

(a) Penalties. Any person who shall violate any of the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this chapter or who violates any rule or regulation duly promulgated under this chapter or who shall sell or offer for sale or distribute for sale any commercial feed in violation of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as now prescribed by law for such an offense. Fines paid for such violations shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(b) Injunctive relief. In addition to the penalty provided hereunder, the commissioner may apply by petition or complaint to the circuit court, and such court, or any judge thereof, shall have jurisdiction and for cause shown to grant a temporary or permanent injunction, or both, restraining and enjoining any person from violating or continuing to violate any of the provisions and requirements of this chapter or any rule or regulation promulgated under authority of this chapter. Such injunction shall be issued without bond. Petitions for injunctive relief as authorized hereunder shall be filed in the circuit court of the county of residence of the defendant or in the county where such violation or violations occurred.
(c) Warning notices. Nothing in this chapter shall be construed as requiring the commissioner or his representative to:
(1) Report for prosecution;
(2) Institute seizure proceedings; or
(3) Issue a withdrawal from distribution order as a result of minor violations of this chapter,
when he believes the public interest will best be served by suitable notice of warning in writing.

Legislative History

(Acts 1978, No. 780, p. 1143, §16.)