|
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, §14.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-12-12.htm - 1018 bytes - Match Info - Similar pages
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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-25-19.1.htm - 1K - Match Info - Similar pages
2-15-136
Section 2-15-136 Penalty for violations of provisions of article; injunctive proceedings to
restrain operation by dealer in violation of provisions of article. (a) Any person who shall
engage in business as a dealer as defined in Section 2-15-131 without having a license as
required by subsection (a) of Section 2-15-132 or any person who shall violate any of the
other requirements of this article shall be guilty of a misdemeanor and, upon conviction,
shall be punished as prescribed by law for such offense. (b) In addition to the penalty provided
under subsection (a) of this section, the commissioner may apply by a 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 any
person from engaging in the business of a dealer as defined in Section 2-15-131 in violation
of any of the requirements of this article, or engaging in or continuing to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-15-136.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-27-16.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-27-62.htm - 2K - Match Info - Similar pages
2-26-6
Section 2-26-6 Injunctive proceedings to restrain persons selling, processing, cleaning, etc.,
seed without permit. Any person required to secure a permit as provided under Section 2-26-5
who fails or refuses to apply for and obtain such a permit and pay the fee therefor may be
restrained from engaging in the sale of agricultural, vegetable, flower, tree, shrub or herb
seed or from operating a seed cleaning, shelling, delinting or processing plant. In addition
to the penalty provided in this article, the Commissioner of Agriculture and Industries may
file a petition in the circuit court for a temporary restraining order or permanent injunction
or both; and, for cause shown, the court shall have jurisdiction to restrain or enjoin any
person from engaging in the sale of seed without securing the permit as required under this
article. Such temporary restraining order or permanent injunction shall be issued without
bond. (Acts 1963, No. 424, p. 931, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-26-6.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-22-22.htm - 1K - Match Info - Similar pages
2-8-103
Section 2-8-103 Penalty; inspection of books and records; injunctions. (a) Any dealer, handler,
processor or other purchaser of soybeans who willfully fails or refuses to deduct and pay
to the Commissioner of Agriculture and Industries any assessment required to be so deducted
and remitted to the commissioner or who fails or refuses to obtain a permit authorizing the
purchase of soybeans in Alabama shall be guilty of a misdemeanor and, upon conviction, shall
be fined not less than $25.00 nor more than $500.00 and, in the discretion of the court, may
also be imprisoned for a term not to exceed six months. Any purchaser of soybeans who fails
or refuses to allow the Commissioner of Agriculture and Industries or his authorized agents
and employees to inspect and review his books and records which disclose his purchases of
soybeans for the purpose of ascertaining the accuracy of amounts deducted and remitted as
required under this article shall also be guilty of a misdemeanor and upon...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-8-103.htm - 2K - Match Info - Similar pages
2-8-291
Section 2-8-291 Penalty for failure to deduct and pay over assessment; inspection of books
and records; injunctions. (a) Any dealer, handler, processor, buyers or other distributors
of catfish feed who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture
and Industries any assessment required to be so deducted and remitted to the commissioner
shall be guilty of a misdemeanor and, upon conviction thereof, in addition to other penalty
provided by law, shall be fined in an amount equal to three times the amount of the assessment
he failed or refused to collect and remit as required under this article. Any distributor
of catfish feed who fails or refuses to allow the Commissioner of Agriculture and Industries
or his authorized agents and employees to inspect and review his books and records which disclose
his distributed or manufactured tonnage of catfish feed for the purpose of ascertaining the
accuracy of amounts deducted and remitted as required under this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-8-291.htm - 2K - Match Info - Similar pages
|