§ 35-7-366 — Penalties

Wyoming § 35-7-366

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 7: FOOD AND DRUGS
• Art. 3: ADULTERATING OR MISBRANDING

Text

(a) Any person violating any provision of W.S. 35-7-350
through 35-7-375 or regulation thereunder is guilty of a
misdemeanor and upon conviction shall be fined not more than
five hundred dollars ($500.00) or imprisoned in the county jail
for not more than one (1) year, or both, for the first offense,
and upon conviction for a subsequent offense shall be fined not
more than one thousand dollars ($1,000.00) or imprisoned in the
county jail for not more than one (1) year, or both. Any offense
committed more than three (3) years after a previous conviction
shall be considered a first offense.
(b) The director may bring an action to enjoin the
violation or threatened violation of any provision or any
regulation made pursuant to W.S. 35-7-350 through 35-7-375 in a
court of competent jurisdiction of the county in which the
violation occurs or is about to occur. The action may be
initiated by the attorney general or the district attorney for
the county in which the violation has or is about to occur.
(c) No state court shall allow the recovery of damages
from administrative action taken if the court finds that there
was probable cause for such action.
(d) If the department incurs fees or other expenses to
remediate a violation by an applicator, the department may seek
restitution from the applicator or the applicator’s employer
through a court of competent jurisdiction.