Illinois General Assembly - Illinois Compiled Statutes

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505 ILCS 30/12

(505 ILCS 30/12) (from Ch. 56 1/2, par. 66.12)

Sec. 12.

Penalties.

(a) Any person convicted of violating provisions of this Act
or the rules and regulations issued thereunder 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 the provisions of this Act, shall be adjudged guilty of a
business offense.
  In all prosecutions under this Act involving the
composition of a lot of commercial feed, a certified copy of the official
analysis signed by the Director shall be accepted as prima facie evidence
of the composition.

(b) Nothing in this Act shall be construed as requiring the Director or
his or her representative to report for prosecution or for the institution of
seizure proceedings as a result of minor violations of the Act if he or she
believes that the public interest will be best served by a suitable notice
of warning in writing.

(c) Each State's attorney to whom any violation is reported shall cause
appropriate proceedings to be instituted and prosecuted in a circuit court
without delay.  Before the Director reports a
violation for such prosecution, an opportunity shall be given the
registrant or distributor to present his or her views to the Director.

(d) The Director may file a complaint and apply for and the court
may grant a temporary restraining order or a preliminary or
permanent injunction restraining any person from violating or continuing to
violate any of the provisions of this Act or any rules or regulations
promulgated under the Act notwithstanding the existence of other judicial
remedies. The injunctive relief shall be issued without bond.

(e) Any person adversely affected by an act, order or ruling made
pursuant to the provisions of this Act may within 45 days thereafter bring
an action in the Circuit Court of Sangamon County, Illinois, for a new trial of
the issues bearing upon such act, order or ruling, and upon such trial the
court may enter and enforce such orders or judgments as the court
may deem proper and just.  All fines imposed and collected under
this Act shall be paid within 30 days after collection to the
Department of Agriculture and by it paid into the Feed Control Fund.

(Source: P.A. 87-664.)