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Session Laws, 1963
Volume 671, Page 415   View pdf image (33K)
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J. MILLARD TAWES, Governor                      417

this subtitle or the rules and regulations issued thereunder or who
shall impede, obstruct, hinder, or otherwise prevent or attempt to
prevent said State Chemist, or his duly authorized agent in perform-
ance of his duty in connection with the provisions of this subtitle,
shall be adjudged guilty of a misdemeanor and shall be fined not
more than $100 for the first violation, and not less than $100 or more
than $500 for a subsequent violation. In all prosecutions under this
subtitle involving the composition of a lot of commercial fertilizer, a
certified copy of the official analysis signed by the State Chemist
shall be accepted as prima facie evidence of the composition.

(b)   Nothing in this subtitle shall be construed as requiring the
State Chemist or his representative to report for prosecution or for
institution of seizure proceedings as a result of minor violations of
the Act when he believes that the public interests will be best served
by a suitable notice of warning in writing.

(c)   It shall be the duty of the State's Attorney to whom any
violation is reported to cause appropriate proceedings to be instituted
and prosecuted in a court of competent jurisdiction without delay.
Before the State Chemist reports a violation for such prosecution,
an opportunity shall be given the distributor to present his view.

(d)   The State Chemist is hereby authorized to apply for and the
court to grant a temporary or permanent injunction restraining any
person from violating or continuing to violate any of the provisions
of this subtitle or any rule or regulation promulgated under this sub-
title notwithstanding the existence of other remedies at law. Said
injunction shall be issued without bond.

484.

Publications.

The State Chemist shall publish at least annually, in such forms
as he may deem proper, information concerning the distribution of
commercial fertilizers, together with such data on their production
and use as he may consider advisable and a report of the results of
the analyses of official samples of commercial fertilizers distributed
within the State as compared with the analyses guaranteed in the
registration and the label; provided, however, that the information
concerning production and use of commercial fertilizers shall not
disclose the operation of any person.

Sec. 2. Separability.

If any clause, sentence, paragraph, or part of this Act shall for any
reason be judged invalid by any court of competent jurisdiction, such
judgment shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, or part thereof directly involved in the controversy in which
such judgment shall have been rendered.

Sec. 3. Repeal.

All laws and parts of laws in conflict with or inconsistent with the
provisions of this Act are hereby repealed.

 

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Session Laws, 1963
Volume 671, Page 415   View pdf image (33K)
 Jump to  
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