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Session Laws, 1970
Volume 695, Page 1593   View pdf image
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Marvin Mandel, Governor                        1593

(c)    No person shall engage in business, in or for intrastate com-
merce, as a poultry products broker, renderer, or animal food manu-
facturer, or engage in business in intrastate commerce as a whole-
saler of any carcasses, or parts or products of the carcasses, of any
poultry, whether intended for human food or other purposes, or
engage in business as a public warehouseman storing any such
articles in or for intrastate commerce, or engage in the business of
buying, selling, or transporting in intrastate commerce any dead,
dying, disabled, or diseased poultry, or parts of the carcasses of any
poultry that died otherwise than by slaughter, unless, when required
by regulations of the Board, he has registered with the Board his
name, and the address of each place of business at which, and all
trade names under which, he conducts such business.

(d)    No person engaged in the business of buying, selling, or
transporting in intrastate commerce, dead, dying, disabled, or dis-
eased poultry, or any parts of the carcasses of any poultry that
died otherwise than by slaughter, shall buy, sell, transport, offer for
sale or transportation, or receive for transportation in intrastate
commerce, any dead, dying, disabled, or diseased poultry or parts of
the carcasses of any poultry that died otherwise than by slaughter,
unless such transaction or transportation is made in accordance with
such regulations as the Board may prescribe to assure that such
poultry, or the unwholesome parts or products thereof, will be pre-
vented from being used for human food.

197-13.

(a)    Any person who violates the provisions of sections 197-10,
197-11, 197-12 or 197-15 of this Act shall be subject to a fine of not
more than $1,000 or imprisonment of not more than one year, or both;
but if such violation involves intent to defraud, or any distribution or
attempted distribution of an article that is adulterated (except as
defined in Section 197-4(k)(8) of this Act), such person shall be
subject to a fine of not more than $10,000 or imprisoned not more
than three years or both. When construing or enforcing the provi-
sions of said sections the act, omission, or failure of any person acting
for or employed by any individual, partnership, corporation, or asso-
ciation within the scope of his employment or office shall in every
case be deemed the act, omission, or failure of such individual, part-
nership, corporation, or association, as well as of such person.

(b)    No carrier shall be subject to the penalties of this Act, other
then the penalties for violation of Section 197-12, by reason of his
receipt, carriage, holding, or delivery, in the usual course of business
as a carrier, of poultry or poultry products, owned by another person
unless the carrier has knowledge, or is in possession of facts which
would cause a reasonable person to believe that such poultry or poul-
try products were not inspected or marked in accordance with the
provisions of this Act or were otherwise not eligible for transportation
under this Act or unless the carrier refuses to furnish on request of
a representative of the Board the name and address of the person
from whom he received such poultry or poultry products, and copies
of all documents, if any there be, pertaining to the delivery of the
poultry or poultry products to such carrier.

(c)    Any person who forcibly assaults, resists, opposes, impedes,
intimidates, or interferes with any person while engaged in or on
account of the performance of his official duties under this Act shall
be subject to a fine of not more than $5,000 or imprisonment of not


 

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Session Laws, 1970
Volume 695, Page 1593   View pdf image
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