1414                             Laws of Maryland                      [Ch. 772

155.    (Seizure.) Any lot of agricultural, vegetable, flower, tree
or shrub seed not in compliance with the provisions of this sub-title
shall be subject to seizure on complaint of the authorized agent of
the State Board of Agriculture to a court of competent jurisdiction
in the area in which the seed is located. In the event that the court
finds the seed to be in such violation of the sub-title and orders the
condemnation of said seed, it shall be denatured, processed, destroyed,
relabeled, or otherwise disposed of in compliance with the laws of
the State, but in no instance shall such disposition of said seed be
ordered by the court without first having given the claimant an op-
portunity to apply to the court for the release of said seed or per-
mission to process or relabel it to bring it into compliance with this
sub-title.

156.    (Violations and Prosecutions.) Every violation of the pro-
visions of this sub-title shall be deemed a misdemeanor punishable
by a fine not exceeding one hundred dollars ($100.00) for the first
offense and not exceeding two hundred and fifty dollars ($250.00)
for each subsequent similar offense. When the authorized agent of
the State Board of Agriculture shall find that any person has violated
any of the provisions of this sub-title, he may institute proceedings
in the court of competent jurisdiction in the area in which the viola-
tion occurred, to have such person convicted thereof; or the author-
ized agent of the said Board may file with the Attorney General of
the State with the view of prosecution such evidence as may be
deemed necessary, provided, however, that no prosecution under this
sub-title shall be instituted without first having given the defendant
an opportunity to appear before the authorized agent of the said
Board 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 authorized agent of the said Board is of the opinion that
the evidence warrants prosecution, he shall proceed as herein pro-
vided.

It shall be the duty of the State's Attorney of the county in which
the violation occurred or of the Attorney General of the State, as
the case may be, to institute proceedings at once against the person
charged with such violation, if, in his judgment, the information
warrants such action.

After judgment by the court in any case arising under this sub-
title, the authorized agent of the said Board shall publish any in-
formation pertinent to the issuance of the judgment by the court in
such media as he may designate from time to time.

Sec. 2. And be it further enacted, That, if any provisions or sec-
tion of this Act shall be held to be invalid, such invalidity shall not
affect the other provisions or sections thereof.

Sec. 3. And be it further enacted, That this Act shall take effect
on July 1, 1957.

Approved April 15, 1957.