(a) Any ginner of cotton who willfully fails or refuses to collect and pay to the Commissioner of Agriculture and Industries any assessment required by this article to be so collected and remitted to the commissioner shall be guilty of a Class C misdemeanor. Any ginner of cotton 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 the bales of cotton he ginned for the purpose of ascertaining accuracy of amounts of assessments collected and remitted as required under this article shall also be guilty of a Class C misdemeanor.
(b) In addition to the above penalty and notwithstanding the existence of an adequate remedy, the circuit court or any judge thereof, shall have jurisdiction for cause shown to grant a temporary or permanent injunction, or both, restraining and enjoining any person from violating any provision or requirement of this article. Actions for injunctive relief as authorized hereunder shall be filed in the name of the Commissioner of Agriculture and Industries in the circuit court or other court of like jurisdiction in the county of residence of the person who gins cotton in violation of the provisions of this article or in the county where such violation occurs. Any restraining order or injunction issued hereunder shall be issued without a bond.
Structure Code of Alabama
Chapter 8 - Promotion of Agricultural Industries and Products.
Article 6 - Cotton and Cotton Products.
Section 2-8-190 - Legislative Purpose and Intent.
Section 2-8-191 - Authorized Activities Not Illegal or in Restraint of Trade.
Section 2-8-192 - Referendum to Levy Assessment Declared to Be in the Public Interest.
Section 2-8-193 - Application for Certification and Approval to Conduct Referendum - Generally.
Section 2-8-195 - Authority of Certified Commission to Conduct Referendum on Assessment.
Section 2-8-196 - Notice of Referendum.
Section 2-8-197 - Conduct of Referendum; Payment of Expense.
Section 2-8-199 - Approval of Assessment; Assessment Amount.
Section 2-8-200 - Subsequent Referendums.
Section 2-8-202 - Remittances to Treasurer of Commission.
Section 2-8-203 - Refund of Assessment.
Section 2-8-204 - Bond of Treasurer of Commission.
Section 2-8-205 - Expenditure of Assessments.
Section 2-8-206 - Joint Programs With Other States.
Section 2-8-208 - Rules and Regulations.
Section 2-8-209 - Enforcement Duties of Commissioner; Revocation of Certification of Commission.
Section 2-8-211 - Penalty; Inspection of Books and Records; Injunctions.