La. Admin. Code tit. 7 § V-2115

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-2115 - Penalty for Violations; Injunctive Relief; Costs; Notification

A. Whoever violates the use of the Louisiana sweet potato logo adopted pursuant to R.S. 3:415 or this Chapter may be fined not less than $25 nor more than $500 for each violation or may have his license to use the Louisiana sweet potato logo suspended, revoked or placed on probation or both.

B. Each violation of this Chapter, any stop order or other orders issued by the department or the commission in the enforcement of this Chapter and every day of a continuing violation shall be considered a separate and distinct violation chargeable under this Chapter.

C. The commission may impose any or all of the penalties stated in §2115. A and B after an adjudicatory hearing held in accordance with the Louisiana Administrative Procedure Act. Any such adjudicatory hearing may be presided over by a hearing officer appointed by the commissioner. The commission may delegate to the Louisiana Sweet Potato Advertising and Development Commission the authority to conduct any such adjudicatory hearing, to make findings of fact and conclusions of law and to impose penalties for any violation.

D. The commission, through the commissioner, may apply for injunctive relief restraining violations of the Louisiana sweet potato logo or violations of this Chapter or institute necessary actions for failure to pay accounts due the commission. The person condemned in any such proceeding shall be liable for the costs of court and for any additional costs incurred by the department or the commission in gathering the necessary evidence, including reasonable attorney fees and expert witness fees.

E. If any Louisiana sweet potatoes inspected by the department are the subject of a stop order or if any producer's license to use the Louisiana sweet potato logo has been suspended, revoked or placed on probation then notification of such action and the reasons therefore shall be sent, by the department, to any and all appropriate public entities or agencies who may be affected by the stop order or by the suspension, revocation or probation of the producer's license.

La. Admin. Code tit. 7, § V-2115

Promulgated by the Department of Agriculture and Forestry, Office of Marketing, Market Commission, LR 24:1083 (June 1998).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:413 and 415.