N.D. Cent. Code § 4.1-41-15

This is the official text of N.D. Cent. Code § 4.1-41-15, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.

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4.1-41-15. Penalties

Official statutory text

4.1-41-15. Penalties

1. It is a class A misdemeanor for any person to violate this chapter, the rules

implementing this chapter, or impeding, obstructing, hindering, preventing, or

attempting to prevent the agriculture commissioner from performing the

commissioner's duties in connection with this chapter. In all prosecutions under this

chapter involving the composition of a lot of commercial feed, a certified copy of the

official analysis signed by the person performing the analysis, or that person's

authorized agent, must be accepted as prima facie evidence of the composition.

2. This chapter does not require the commissioner to seek prosecution or take any other

legal action based on minor violations of the chapter if the commissioner deems the

public interest will be best served by a suitable written warning.

3. Each state's attorney to whom any violation is reported shall institute appropriate

proceedings to be prosecuted in a court of competent jurisdiction without delay. Before

the commissioner reports a violation for prosecution, the commissioner shall provide

an opportunity for the distributor to show cause why the violation should not be

reported for prosecution.

4. The commissioner may apply for and the court may grant a temporary or permanent

injunction restraining any person from violating or continuing to violate this chapter or

any rule implementing this chapter. An injunction must be issued without bond.

5. Any person adversely affected by an act, order, or ruling made pursuant to this chapter

may within forty-five days appeal the action to the district court for Burleigh County.

Status: in_force · Read it on the official government site

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