New Jersey § 4:8-17

§ 4:8-17.

(a) A person who violates any of the provisions of this act or any order, rule or

regulation made by the State Board of Agriculture under this act, or who prevents

or hinders a representative of the Department of Agriculture in performing his duty

under P.L.1963, c. 29 ( C. 4:8-17.13 et seq. ), shall be liable to a penalty of not less than $50.00 nor more than $100.00 for

a first offense, and not less than $100.00 nor more than $500.00 for a subsequent

offense committed within a 12 month period. The penalty shall be sued for and recovered in an action to be brought by and in the

name of the Secretary of Agriculture in a summary manner pursuant to “the penalty

enforcement law” ( N.J.S. 2A:58-1 et seq. ), as provided in article 2 of chapter 23 of Title 4 of the Revised Statutes. 1 After judgment by the court in any case arising under this act, the State Seed Analyst

shall publish any information pertinent to the issuance of the judgment by the court

in such media as he may designate from time to time. The Department of Agriculture shall be entitled to the assistance of the Attorney

General in the enforcement of this act. (b) Nothing in the New Jersey State Seed Law (Revision of 1963), P.L.1963, c. 29 ( C. 4:8-17.13 et seq. ), shall be construed as requiring the State Seed Analyst or his representative to:

(1) report for prosecution, (2) institute seizure proceedings, (3) issue a withdrawal

from distribution order when he believes the public interest will best be served by

a written notice of warning. (c) Before the State Seed Analyst reports a violation of the New Jersey State Seed

Law (Revision of 1963), the violator shall be given an opportunity to be heard before

the secretary. (d) The secretary is authorized to apply for a temporary or permanent injunction restraining

a person from violating any of the provisions of the New Jersey State Seed Law (Revision

of 1963) or a rule or regulation promulgated under the act, notwithstanding the existence

of other remedies at law. The injunction shall be issued without bond. (e) Upon receiving any information of a violation of any provisions of the New Jersey

State Seed Law (Revision of 1963) or any rule or regulation adopted thereunder, the

secretary or any agent designated by him may hold hearings upon the violation, and

if the secretary or agent finds that the violation was committed, he may assess a

penalty against the violator in an amount not to exceed the maximum limit set forth

in subsection (a) of this section, as he deems proper under the circumstances. If the violator pays the penalty, no further prosecution shall be had upon that

violation. 1

N.J.S.A. § 4:23-11 et seq.