§ 4.1-57-22 — Violations of chapter - Penalty

1. A person is guilty of a class A misdemeanor and subject to a civil penalty in an amount
up to ten thousand dollars per violation, which may be imposed by the seed
commissioner in an administrative hearing, if the person:

a. Makes any false statement or report as to the grade, condition, markings, quality,
or quantity of potatoes received or delivered, or acts in a manner designed to
deceive the consignor or purchaser of the potatoes;
b. Breaches any contract for the purchase or sale of potatoes to which the person
was a party unless the breach is based on a state inspection certificate, secured
with reasonable promptness after receipt of the shipment and showing that the
kind or quality of potatoes is not that which was purchased or ordered;
c. Fails to account for potatoes or to pay for potatoes within the time required by this
chapter;
d. Purchases for the person's own account any potatoes received on consignment,
either directly or indirectly, without the consent of the consignor;
e. Issues false or misleading market quotations;
f. Cancels any quotations during the period advertised by the person;
g. Makes any false or misleading statement on an application for licensure as a
wholesale potato dealer;
h. Increases the sales charges on shipped potatoes by means of fictitious sales;
i. Receives potatoes from foreign states or countries for sale or resale, within or
outside this state, and gives the purchaser the impression through any method of
advertising or description that the potatoes are from a source other than their true
origin; or
j. Violates this chapter or any rule implementing this chapter.
2. The seed commissioner may make application to the district court to compel payment
of civil penalties imposed under this section.