(1) Any person convicted of
violating any of the provisions of this chapter or the rules and
regulations issued thereunder or who shall impede, obstruct,
hinder, or otherwise prevent or attempt to prevent the department
in the performance of its duty in connection with the provisions
of this chapter, shall be adjudged guilty of a misdemeanor as
provided in RCW 9A.20.021. In all prosecutions under this
chapter involving the composition of a lot of commercial feed, a
certified copy of the official analysis signed by the department
shall be accepted as prima facie evidence of the composition.
(2) Any person convicted of intentionally violating RCW 15.53.902(4) or the rules issued thereunder is guilty of a gross
misdemeanor as provided in RCW 9A.20.021.
(3) Nothing in this chapter shall be construed as requiring
the department to report for prosecution or for the institution
of seizure proceedings as a result of minor violations of this
chapter when it believes that the public interest will be best
served by a suitable notice of warning in writing.
(4) It shall be the duty of each prosecuting attorney to
whom any violation is reported to cause appropriate proceedings
to be instituted and prosecuted in a court of competent
jurisdiction without delay. Before the department reports a
violation for such prosecution, an opportunity shall be given the
distributor to present the distributor's view in writing or
orally to the department.
(5) The department is hereby authorized to apply for and the
court to grant a temporary or permanent injunction restraining
any person from violating or continuing to violate any of the
provisions of this chapter or any rule or regulation promulgated
under this chapter notwithstanding the existence of other
remedies at law. Said injunction to be issued without bond.
[2005 c 40 § 2; 1965 ex.s. c 31 § 17.]
NOTES:
Analysis of official sample as evidence: RCW 15.53.9024.