§ 11-14-114 — Notice of violation; hearing; penalty; duty of district attorney; injunctions

(a) If examination of any commercial fertilizer, soil
conditioner or soil amendment indicates that this act or the
rules and regulations issued thereunder have been violated, the
director shall give notice of the violations and an opportunity
for a hearing to the registrant or distributor. If it appears
after the hearing that this act or rules and regulations issued
thereunder have been violated, the director may certify the
facts to the proper district attorney.
(b) Any person convicted of violating this act or the
rules and regulations issued thereunder is guilty of a
misdemeanor and shall be fined not less than fifty dollars
($50.00) nor more than one thousand dollars ($1,000.00) for each
offense, or the director may apply to the district court for the
purpose of preventing further violation.
(c) The director is not required to report for prosecution
or for the institution of seizure proceedings minor violations
when he believes that the public interests will be best served
by a suitable notice of warning in writing.
(d) Each district attorney to whom any violation is
reported shall cause appropriate proceedings to be instituted
and prosecuted in a court of competent jurisdiction without
delay. Violations of this act may be enjoined by proceedings
brought by the district attorney of the proper county, or by the
attorney general, regardless of whether criminal proceedings
have been instituted, provided the director has entered a
finding pursuant to this act.
(e) The director may apply for and the court may grant a
temporary or permanent injunction, without bond, restraining any
person from violating or continuing to violate this act or any
rule or regulation promulgated under the act notwithstanding the
existence of other remedies at law.