(225 ILCS 660/30) (from Ch. 5, par. 2751-30)
Sec. 30.
Failure to register; invalid registration, violations;
injunctive relief. Any person who engages in business as a specialty farm
product buyer without registering or who does not have a valid registration
or is in violation of this Act or the rules and regulations
or who shall impede, obstruct, hinder, or otherwise prevent or
attempt to prevent the Director or his or her duly authorized agent in
performance of his or her duty in connection with this Act or its rules and
regulations or any specialty farm product buyer or any officer, agent, or
employee of a specialty farm product buyer who refuses to permit
inspection of his or her premises, books, accounts, records, or contracts as
provided in this Act shall be guilty of a Class B misdemeanor for the first
violation and a Class A misdemeanor for each subsequent
violation. In case of a continuing violation or violations, each day that
each violation occurs constitutes a separate and distinct offense. Any
specialty farm product buyer or any officer, agent, or employee of a
specialty farm product buyer who withholds records, keeps or files false
records, inaccurately alters his or her records, or presents to the
Department any materially false records is guilty of a Class 4 felony.
It shall be the duty of each State's Attorney to whom any violation is
reported to cause appropriate proceedings to be instituted and prosecuted
in the circuit court without delay. Before the Director reports a
violation for prosecution, he or she may give the specialty farm product
buyer or the officer, agent, or employee of the specialty farm product buyer
an opportunity to present his or her views at an administrative hearing.
The Director may file a complaint and apply for, and the circuit court may
grant, a temporary restraining order or preliminary or permanent injunction
restraining any person from violating or continuing to violate any of the
provisions of this Act or any rules and regulations promulgated under the
Act, notwithstanding the existence of other judicial remedies. An
injunction may be entered without notice and without bond.
When a court of competent jurisdiction issues an order under
the Administrative Review Law staying an order of the Department that
suspends or revokes a specialty farm product buyer's registration or that
denies the application for specialty farm product buyer registration, the
court shall require the person requesting the order to provide a bond as
provided for in Section 3-111 of the Code of Civil Procedure. The bond
shall be in an amount adequate to assure that producers will be paid for
specialty farm products sold to the specialty farm products buyer while
operating under the administrative stay.
(Source: P.A. 87-171.)
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