Penalties for violations — attorney general to act on request, when, procedure — publication by director of result of legal action.

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Effective - 28 Aug 1979

266.111. Penalties for violations — attorney general to act on request, when, procedure — publication by director of result of legal action. — 1. Every violation of the provisions of this law shall be deemed a misdemeanor punishable by a fine not exceeding five hundred dollars for the first offense and not exceeding one thousand dollars for each subsequent similar offense.

2. The director may report any violation of the provisions of sections 266.011 to 266.111 to the prosecuting attorney of the county where the violation occurs. The prosecuting attorney may institute appropriate proceedings in a court of competent jurisdiction. If any prosecuting attorney refuses or fails to act on request of the director, the attorney general shall so act; however, no prosecution under this law shall be instituted without the defendant first having been given an opportunity to appear before the director of agriculture or his duly authorized agent, to introduce evidence either in person or by agent or attorney at a private hearing. If, after such hearing, or without such hearing in case the defendant or his agent or attorney fails or refuses to appear, the director of agriculture is of the opinion that the evidence warrants prosecution, he shall proceed as herein provided.

3. It is the duty of the director of agriculture or the attorney general, as the case may be, to institute proceedings at once against any person charged with a violation of this law, if, in the judgment of such officer, the information submitted warrants such action.

4. After judgment by the court in any case arising under this law, the director of agriculture shall publish any information pertinent to the issuance of the judgment by the court in such media as he may designate.

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(L. 1951 p. 5 § 266.110, A.L. 1978 H.B. 1634, A.L. 1979 H.B. 57)


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