§19-11B-11. Suspension, Revocation or Denial of Permits
(a) The commissioner may deny any application for a permit whenever said permit has been applied for fraudulently, the applicant has grossly interfered with the duties of the commissioner or the applicant is determined to be not in compliance with or not able to comply with this article. (b) The commissioner may suspend a permit […]
§19-11B-12. Hearings and Appeals
(a) Any person aggrieved by any action taken under this article shall be afforded the opportunity for a hearing before the commissioner under the rules promulgated by the commissioner. (b) Hearings shall be conducted in accordance with procedures set forth by rule. (c) All the testimony and evidence at a hearing shall be recorded by […]
§19-11B-13. Criminal Penalties; Civil Penalties; Negotiated Agreement
(a) Criminal penalties. — Any person violating any provision of this article or rule adopted hereunder is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for the second or subsequent offense, shall be fined not less than $500 nor […]
§19-11B-14. Payment of Fees
All fees, penalties or other moneys collected by the commissioner under the provisions of this article shall be paid into a special account and expended upon the order of the commissioner for the purpose of the enforcement and administration of this article.
§19-11B-15. Cooperation With Other Entities
The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, agencies of foreign governments and private associations in order to carry out the purpose and provisions of this article.
§19-11B-16. Confidentiality of Trade Secrets
The commissioner may not make public information which contains or relates to trade secrets, commercial or financial information obtained from a person or privileged or confidential information: Provided, That when the information is necessary to carry out the provisions of this article, this information may be revealed, subject to a protective order, to any federal, […]
§19-11B-7. Prohibited Acts
(a) No person may distribute, sell, offer for sale, hold for sale or have in his possession with the intent to sell any frozen dessert or imitation frozen dessert which is adulterated or misbranded within the meaning of this article. (b) No person may interfere with or prohibit the commissioner from performing the duties of […]
§19-11B-8. Approved Sampling and Testing Methods
(a) All sampling and testing methods shall be those set forth in the fifteenth edition of and supplement to the Official Methods of Analysis of the Association of Official Analytical Chemists, published by the Association of Official Analytical Chemists; or the fifteenth edition of the Standard Methods for the Examination of Dairy Products, published by […]
§19-11B-9. Approved Laboratories
(a) Each person who desires to have his laboratory approved by the commissioner for testing official frozen dessert or imitation frozen dessert samples as provided in this section shall first satisfy the commissioner that tests to be made in such laboratory shall be conducted by qualified persons with adequate facilities and that such tests shall […]
§19-11B-10. Powers and Duties of Commissioner
The commissioner has the power and duty to: (a) Adopt, promulgate and enforce rules to carry out the purpose of this article; (b) Have access to and enter at all reasonable times all places where frozen desserts or imitation frozen desserts are manufactured, stored, held, transported, distributed or used in the state and where records, […]