§ 4.1-53-57 — Penalty - Criminal - Civil - Exemption

1. Any person willfully violating this chapter or the rules implementing this chapter is
guilty of a class A misdemeanor.
2. When construing and enforcing this chapter, the act, omission, or failure of any officer,
agent, or other person acting for or employed by any person must be deemed to be
the act, omission, or failure of such person as well as that of the person employed.

3. Any person found guilty of violating this chapter or the rules implementing this chapter
is subject to a civil penalty in an amount not to exceed ten thousand dollars for each
violation. The civil penalty may be imposed by the seed commissioner. The seed
commissioner may make application to the district court to compel payment of civil
penalties imposed under this section.
4. A person is not subject to the penalties of this chapter for having offered for sale or
sold any seed that was incorrectly represented as to kind, variety, or origin and which
could not be identified through examination, unless the person failed to:
a. Obtain an invoice or grower's declaration stating the required information; or
b. Take other actions necessary to ensure that the seed was properly identified.