Effective 01 Jan 1998, see footnote

266.210. Penalties, appeals, how taken. — 1. Any person who knowingly or recklessly violates any of the provisions of sections 266.152 to 266.220 is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law.

2. Nothing in sections 266.152 to 266.220 shall be construed as requiring the director or the director's representative to:

(1) Report for prosecution; or

(2) To institute seizure proceedings; or

(3) Issue a withdrawal from distribution order, as a result of minor violations of sections 266.152 to 266.220, or when the director believes the public interest will best be served by suitable notice of warning in writing.

3. The director may report any violation of the provisions of sections 266.152 to 266.220 to the prosecuting attorney of the county where the violation occurs. The prosecuting attorney may institute appropriate proceedings in a court of competent jurisdiction. If any prosecuting attorney refuses or fails to act on the request of the director, the attorney general shall so act; however no prosecution under this law shall be instituted without the defendant first having been given an opportunity to appear before the director of agriculture or the director's duly authorized agent, to introduce evidence either in person or by agent or attorney at an informal hearing. If, after such hearing, or without such hearing in case the defendant or the defendant's agent or attorney fails or refuses to appear, the director of agriculture is of the opinion that the evidence warrants prosecution, the director shall proceed as herein provided.

4. The director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of sections 266.152 to 266.220 or any rule or regulation promulgated under sections 266.152 to 266.220 notwithstanding the existence of other remedies at law.

5. Any person adversely affected by an act, order, or ruling made pursuant to the provisions of sections 266.152 to 266.220 may appeal the same according to the procedures established by chapter 536.

6. Any person who uses to such person's own advantage, or reveals to other than the director or officers of the department of agriculture or to the courts when relevant in any judicial proceedings, any information acquired under the authority of sections 266.152 to 266.220, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a misdemeanor, but this prohibition shall not be deemed as prohibiting the director or his duly authorized agents from exchanging information of a regulatory nature with duly appointed officials of the United States, or of other states, who are similarly prohibited by law from revealing this information.

­­--------

(L. 1972 S.B. 506 § 14, A.L. 1997 H.B. 211)

Effective 1-01-98