§ 4.1-41-15 — Penalties

1. It is a class A misdemeanor for any person to violate this chapter, the rules
implementing this chapter, or impeding, obstructing, hindering, preventing, or
attempting to prevent the agriculture commissioner from performing the
commissioner's duties in connection with this chapter. In all prosecutions under this
chapter involving the composition of a lot of commercial feed, a certified copy of the
official analysis signed by the person performing the analysis, or that person's
authorized agent, must be accepted as prima facie evidence of the composition.
2. This chapter does not require the commissioner to seek prosecution or take any other
legal action based on minor violations of the chapter if the commissioner deems the
public interest will be best served by a suitable written warning.
3. Each state's attorney to whom any violation is reported shall institute appropriate
proceedings to be prosecuted in a court of competent jurisdiction without delay. Before
the commissioner reports a violation for prosecution, the commissioner shall provide

an opportunity for the distributor to show cause why the violation should not be
reported for prosecution.
4. The commissioner may apply for and the court may grant a temporary or permanent
injunction restraining any person from violating or continuing to violate this chapter or
any rule implementing this chapter. An injunction must be issued without bond.
5. Any person adversely affected by an act, order, or ruling made pursuant to this chapter
may within forty-five days appeal the action to the district court for Burleigh County.