(a) Any dealer, handler, processor or other purchaser of soybeans who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture and Industries any assessment required to be so deducted and remitted to the commissioner or who fails or refuses to obtain a permit authorizing the purchase of soybeans in Alabama shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $500.00 and, in the discretion of the court, may also be imprisoned for a term not to exceed six months. Any purchaser of soybeans who fails or refuses to allow the Commissioner of Agriculture and Industries or his authorized agents and employees to inspect and review his books and records which disclose his purchases of soybeans for the purpose of ascertaining the accuracy of amounts deducted and remitted as required under this article shall also be guilty of a misdemeanor and upon conviction shall be punished as in this subsection provided.
(b) In addition to the above penalty, the circuit court, or any judge thereof, shall have jurisdiction for cause shown, to grant a temporary restraining order or permanent injunction or both, restraining and enjoining any person from buying soybeans in Alabama without having a valid permit as required under this article or after such a permit has been revoked or from violating any other provisions and requirements of this article. Petitions for injunctive relief as authorized under this subsection shall be filed in the name of the Commissioner of Agriculture and Industries in the circuit court in the county of residence of the person who buys soybeans in violation of the provisions of this article or in the county where such violation occurs. Any temporary restraining order or permanent injunction issued under this subsection shall be issued without a bond.
Structure Code of Alabama
Chapter 8 - Promotion of Agricultural Industries and Products.
Section 2-8-80 - Legislative Purpose and Intent.
Section 2-8-81 - Authorized Activities Not Illegal or in Restraint of Trade.
Section 2-8-82 - Referendum and Assessments Declared to Be in Public Interest.
Section 2-8-85 - Authority of Certified Association to Conduct Referendum on Assessment.
Section 2-8-86 - Notice of Referendum.
Section 2-8-87 - Conduct of Referendum; Payment of Expense.
Section 2-8-88 - Eligibility to Vote in Referendum; Question to Be Voted On.
Section 2-8-90 - Subsequent Referendums.
Section 2-8-91 - Collection of Assessments; Deductions for Expenses.
Section 2-8-92 - Remission of Collections to Treasurer of Association.
Section 2-8-95 - Refund of Assessment to Soybean Producer.
Section 2-8-96 - Bond of Treasurer of Association.
Section 2-8-97 - Expenditure of Assessments.
Section 2-8-98 - Joint Programs With Other States.
Section 2-8-100 - Rules and Regulations.
Section 2-8-101 - Enforcement Duties of Commissioner; Revocation of Certification of Association.
Section 2-8-102 - Permit Required of Buyers of Soybeans.
Section 2-8-103 - Penalty; Inspection of Books and Records; Injunctions.