TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

CHAPTER 430
INSECT PESTS AND PLANT DISEASES

Pesticides Controls

Section 430:45

    430:45 Penalties. –
I. Any person who violates any of the provisions of this subdivision or rules of the board or an order issued under this subdivision or who falsifies any records required to be kept pursuant to this subdivision, or who obtains a certification or permit on the basis of a misrepresentation of material fact shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this subdivision, or any rule or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each such violation, or each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general. The proceeds of any such forfeiture shall be utilized in the enforcement of this subdivision, for pesticide control research or to remedy damage to the resources of the state caused by unlawful pesticide use and application.
III. Any person who violates any provision of this subdivision, or any rule or order of the division may be subject to the imposition of an administrative fine levied by the division, not to exceed $1,000 for each violation.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.