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2-27-16
Section 2-27-16 Penalty for violation of article; injunctions. (a) Any person who shall
violate any of the provisions of this article declared to be unlawful or who shall fail or
refuse to perform any duty or requirement imposed by the provisions of this article, or who
shall violate any rule or regulation duly promulgated under this article or who shall sell
or offer for sale or distribute for sale any pesticide or device in violation of any of the
requirements of this article shall be guilty of a misdemeanor and, upon conviction, shall
be punished as now prescribed by law for such an offense. Fines imposed under this article
shall be paid into the Agricultural Fund of the State Treasury. (b) In addition to the penalty
and other enforcement remedies of this article and notwithstanding the existence of an adequate
legal remedy, the circuit court, or any judge thereof, shall have jurisdiction and for cause
shown and upon a hearing to grant a temporary restraining order or preliminary or...
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2-27-62
Section 2-27-62 Penalty for violations of article; injunctions. (a) General penalty.
Any person who shall violate the provisions or requirements of this article, or rules and
regulations promulgated under this article, or who engages in the custom application of pesticides
without having a license therefor or who shall fail or refuse to perform any duty or requirement
imposed by the provisions of this article shall be guilty of a misdemeanor and, upon conviction,
shall be fined not less than $25.00 nor more than $500.00 and, within the discretion of the
court, may also be imprisoned for a term not to exceed six months. (b) Remedy by injunction.
In addition to the penalty prescribed in subsection (a) of this section and notwithstanding
the existence of an adequate legal remedy, the circuit court, or any judge thereof, shall
have jurisdiction and for cause shown and upon a hearing to grant a temporary restraining
order or a preliminary or permanent injunction, or all, restraining and...
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2-21-31
Section 2-21-31 Penalties for violations of chapter or rules and regulations; injunctive
relief; warning notices. (a) Penalties. Any person who shall violate any of the provisions
of this chapter or who fails to perform any duty or requirement imposed by the provisions
of this chapter or who violates any rule or regulation duly promulgated under this chapter
or who shall sell or offer for sale or distribute for sale any commercial feed in violation
of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction,
shall be punished as now prescribed by law for such an offense. Fines paid for such violations
shall be deposited in the State Treasury to the credit of the Agricultural Fund. (b) Injunctive
relief. In addition to the penalty provided hereunder, the commissioner may apply by petition
or complaint to the circuit court, and such court, or any judge thereof, shall have jurisdiction
and for cause shown to grant a temporary or permanent injunction, or both,...
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2-25-19.1
Section 2-25-19.1 Penalties, temporary restraining orders or injunctions for violations
issued without bond; form of action; approval of Attorney General; assistance of district
attorneys or their deputies. In addition to any other penalties provided hereunder, the commissioner
may apply for, and the circuit court shall grant a temporary restraining order, or temporary,
or permanent injunction or both, restraining any person from violating or from continuing
to violate any provisions of this article or any rules or regulations promulgated under this
article, notwithstanding the existence of other remedies at law. Any such restraining orders
or injunctions shall be issued without bond. Said action shall be brought in the name of the
State of Alabama upon the relation of the Attorney General and with his approval and such
officer shall, upon his request, be assisted by the district attorney or deputy district attorney
of the judicial circuit in which injunctive proceedings are filed....
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2-11-38
Section 2-11-38 Proceedings for enforcement of provisions of chapter and rules or regulations
promulgated thereunder generally. (a) It shall be the duty of each district 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 commissioner reports a violation
for such prosecution, an opportunity shall be given the distributor or other affected person
to present his view to the commissioner. (b) The commissioner is hereby authorized to apply
for and the court to grant a temporary restraining order or permanent injunction restraining
any person from violating or continuing to violate any of the provisions of this article or
any rule or regulation promulgated under this article, notwithstanding the existence of other
remedies at law. Said injunction shall be issued without bond. (c) Nothing in this article
shall be construed as requiring the commissioner to report for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-11-38.htm - 1K - Match Info - Similar pages
2-22-22
Section 2-22-22 Violations of chapter or rules or regulations promulgated thereunder
deemed misdemeanors; injunctive proceedings to restrain violations of chapter or rules or
regulations promulgated thereunder. (a) Any person who shall violate any of the provisions
of this chapter or who fails to perform any duty or requirement imposed by the provisions
of this chapter or who violates any rule or regulation duly promulgated thereunder or who
shall sell or offer for sale or distribute for sale any commercial fertilizer in violation
of the requirements of this chapter shall be guilty of a misdemeanor and upon conviction shall
be punished as now prescribed by law for such an offense. (b) In addition to the penalty provided
in subsection (a) of this section, the commissioner may apply by petition to a circuit
court, and such court or any judge thereof shall have jurisdiction, for cause shown, to grant
a temporary restraining order or permanent injunction or both restraining and enjoining...
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2-12-12
Section 2-12-12 Injunction. In addition to the penalty provided in this article the
Commissioner of Agriculture and Industries may apply by petition to a circuit court, and such
court or the judge thereof shall have jurisdiction for cause shown, to grant a temporary restraining
order or permanent injunction or both restraining any person from violating or continuing
to violate any of the provisions of this article or from failing or refusing to comply with
the provisions of this article or any rules or regulations duly promulgated under the provisions
of this article. Such a temporary restraining order or permanent injunction shall be issued
without bond. (Acts 1955, 2nd Ex. Sess., No. 46, p. 152, ยง14.)...
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9-17-17
Section 9-17-17 Injunctions - Issuance against persons violating, etc., provisions of
article, rules, etc. Whenever it shall appear that any person is violating or threatening
to violate any provision of this article or any rule, regulation or order made under this
article and unless the board without litigation can effectively prevent further violation
or threat of violation, then the board, through the Attorney General, who may call to his
assistance the district attorney of the circuit in which civil action is instituted, shall
bring in the name of the State of Alabama against such person in the circuit court in the
county of the residence of the defendant or, if there is more than one defendant, in the circuit
court of the county of the residence of any of them or in the circuit court of the county
in which such violation is alleged to have occurred, a civil action to restrain such person
from continuing such violation or from carrying out the threat of violation. In such civil...
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22-27-11
Section 22-27-11 Violations; penalties; administrative orders; injunctive relief. (a)
Any violation of this article, any rule promulgated under the authority of this article, any
order issued under the authority, or any term or condition of any permit issued under the
authority of this article is unlawful. In addition to any penalties lawfully assessed, any
person committing a violation shall be liable for all costs of abatement of any pollution
and correction of any public nuisance caused by the violation. (b) The department may issue
administrative orders under Section 22-22A-5 or initiate civil actions, or both, as
it deems necessary against any person in the enforcement of this article, or any regulation
promulgated or permit issued under the authority of this article. (c) In addition to any other
remedies provided in this article, the department or the health department may institute suit
against any person for a violation of law or, whenever a public nuisance is threatened or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-27-11.htm - 2K - Match Info - Similar pages
2-15-70
Section 2-15-70 Operation of livestock market without permit, etc.; disposition of fines;
injunctive proceedings to restrain operation of livestock market in violation of provisions
of division. (a) It shall be unlawful for any person to violate any of the provisions and
requirements of this division or to fail or refuse to perform any duty or requirement imposed
by the provisions of this division or to operate a livestock market without having a valid
permit as required under the provisions of this division, and it shall also be unlawful for
any person to operate a livestock market after the permit to so operate has been revoked under
the provisions of this division. Each day's operation of a livestock market without a permit
shall constitute a separate violation. Any person operating a livestock market without a permit
shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00
nor more than $500.00 and, within the discretion of the court, may be...
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