Penalty.

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(1) It is unlawful for any person to:

  1. Operate a facility for the storage of apples that is represented as being a controlledatmosphere storage facility unless it meets the standards set pursuant to rule by the commissioner under the provisions of this article;

  2. Sell, exchange, offer for sale, advertise, label, or otherwise represent that apples havebeen exposed to controlled atmosphere storage, unless such apples have been stored in a facility that meets the standards set pursuant to rule by the commissioner under provisions of this article.

  3. Repealed.

  1. Any person who violates any provision of this article is guilty of a misdemeanor and,upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for each such offense. Each day of violation shall be deemed a separate offense.

  2. The commissioner may initiate an action in the proper court for injunctive relief toprevent or restrain any violation of this article or the rules adopted pursuant thereto.

Source: L. 77: Entire article added, p. 1600, § 1, effective May 24. L. 95: IP(1), (1)(a), and (1)(b) amended, p. 705, § 25, effective May 23.

Editor's note: Section 35-23.5-108 provided for the repeal of subsection (1)(c), effective July 1, 1995. (See L. 91, p. 690.)


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