§ 46-25-1090 — Forfeiture for selling, transporting, or receiving improperly branded, tagged, or misbranded fertilizer.

Every person or common carrier who shall sell, offer for sale, or transport in this State any commercial fertilizer without being properly branded or having attached thereto such labels and tags, as required by law, or any person who shall receive any such fertilizer may be required to forfeit to the State a sum not to exceed the selling price of each separate package sold, offered for sale, or received, to be recovered by suit brought in the name of the State in any court of competent jurisdiction. Such forfeitures, when collected, shall be paid to the State Treasurer, who shall hold them subject to the order of the commission. Provided, further, that the penalty defined in this section shall apply also to any misbranded fertilizer, a fertilizer being deemed to be misbranded if it carries any false or misleading statement upon or attached to the package.

Legislative History

HISTORY: 1962 Code SECTION 3-589; 1952 Code SECTION 3-586; 1942 Code SECTION 6376; 1939 (41) 360; 1954 (48) 1509; 1992 Act No. 388, SECTION 3, eff May 15, 1992.