§ 106-579.12. Violation. - North Carolina Statutes

§ 106‑579.12. Violation.

(a)        Any person who shall be adjudged to have violated anyprovision of this Article, or any regulation of the Board adopted pursuant tothis Article, shall be guilty of a Class 2 misdemeanor.  In addition, if anyperson continues to violate or further violates any provision of this Articleafter written notice from the Commissioner, the court may determine that eachday during which the violation continued or is repeated constitutes a separateviolation subject to the foregoing penalties.

(b)        Nothing in this Article shall be construed as requiring theCommissioner to: (i) report for prosecution, or (ii) institute seizureproceedings, or (iii) issue a "stop sale" or "withdrawal fromdistribution" order, as a result of minor violations of the Article, orwhen he believes the public interest will best be served by suitable notice ofwarning in writing to the registrant or the person whose name and addressappears on the labeling.

(c)        It shall be the duty of each district attorney to whom anyviolation is reported to cause appropriate proceedings to be instituted andprosecuted in a court of competent jurisdiction without delay.

(d)        The Commissioner is hereby authorized to apply for and thecourt to grant a temporary restraining order and a preliminary or permanentinjunction restraining any person from violating or continuing to violate anyof the provisions of this Article or any rules or regulations promulgated underthe Article notwithstanding the existence of other remedies at law.

(e)        Any person adversely affected by an act, order, or rulingmade pursuant to the provisions of this Article may within 30 days thereafterbring action in the Superior Court of Wake County for judicial review of suchact, order or ruling according to the provisions of Article 33 of Chapter 143of the General Statutes. (1949, c. 1165; 1973, c. 47, s. 2; 1975, c. 719, s. 12; 1993, c. 539,s. 807; 1994, Ex. Sess., c. 24, s. 14(c).)