145-38 Civil penalty.
§145-38 Civil penalty. [See Note at part heading.] Any person who violates any provision of this part or rule adopted pursuant to section 145-39 shall be subject to a civil penalty in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty, the board of agriculture shall give due […]
145-39 Rulemaking authority.
§145-39 Rulemaking authority. [See Note at part heading.] The board of agriculture may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this part. [L 2019, c 103, pt of §2]
145-31 Definitions.
Note Part repealed upon the effective date of the repeal of title 21 Code of Federal Regulations part 112 or on July 1, 2022, whichever occurs sooner. L 2019, c 103, §4(1). §145-31 Definitions. [See Note at part heading.] For purposes of this part, unless otherwise required by the context: “C.F.R.” means the Code of […]
145-32 Covered farm; covered produce; exemptions.
§145-32 Covered farm; covered produce; exemptions. [See Note at part heading.] (a) Covered produce is eligible for exemption from the requirements of this part under the following conditions: (1) The covered produce receives commercial processing that adequately reduces the presence of microorganisms of public health significance; (2) The covered farm discloses in documents accompanying the […]
145-33 Chairperson to have access to certain farms.
§145-33 Chairperson to have access to certain farms. [See Note at part heading.] The department shall have access only at reasonable hours to any covered farm or any farm eligible for a qualified exemption in accordance with title 21 C.F.R. section 112.5 for the purposes of: (1) Inspecting the farm to determine if any provision […]
145-34 Authority to seize, condemn, or destroy covered produce.
§145-34 Authority to seize, condemn, or destroy covered produce. (a) If the department believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of this part or rules adopted pursuant to section 145-39, […]
145-35 Proceeding for condemnation or destruction of covered produce.
§145-35 Proceeding for condemnation or destruction of covered produce. [See Note at part heading.] If unable to secure the written agreement to the condemnation or destruction as required by section 145-34(b)(1), the department shall make complaint before a district judge in whose circuit the covered produce was seized. The district judge shall issue a summons […]
145-36 Judgment; appeal; proceeds.
§145-36 Judgment; appeal; proceeds. [See Note at part heading.] (a) Unless otherwise shown or if the covered produce to be condemned or destroyed pursuant to section 145-34 is found to be in violation of any provision of this part or rules adopted pursuant to section 145-39, it shall be the duty of the district court […]
145-37 Impeding the department prohibited.
§145-37 Impeding the department prohibited. [See Note at part heading.] No person shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the department, an inspector, or any other person in the performance of duty in connection with this part. [L 2019, c 103, pt of §2]