§4749.1. Powers
A. The commissioner of agriculture shall administer and enforce the provisions of
this Part and may adopt rules and regulations for this purpose. All rules and regulations shall
be adopted in accordance with the provisions of the Administrative Procedure Act.
B. The commissioner may:
(1) Employ personnel to enforce the provisions of this Part.
(2) Receive and investigate complaints regarding alleged violations of this Part and
the rules and regulations adopted pursuant to the provisions of this Part.
(3) Seek and obtain injunctive or other civil relief to restrain and prevent violations
of this Part, rules and regulations adopted pursuant to this Part, or orders and rulings issued
by the commissioner pursuant to this Part.
(4) Institute civil proceedings to enforce his rulings or collect any penalties due under
this Part.
(5) Issue a notice of noncompliance.
(6)(a) Issue a stop order prohibiting the continued distribution and sale of the seafood
product.
(b) Any violation of a stop order shall constitute a separate violation subject to a
penalty not to exceed one thousand dollars for each day of violations.
(c) A stop order may be released by the commissioner upon a determination by the
commissioner that the cause for issuing the stop order has been remedied.
(d) Any person aggrieved by a stop order may petition the commissioner for a
hearing to contest the validity of the stop order by making a written request within five
calendar days after issuance of the stop order. The hearing shall be held within ten calendar
days of receipt of the written request for a hearing. The commissioner may appoint a hearing
officer to preside over the matter. The commissioner shall issue a ruling in the matter. The
hearing and any subsequent appeal shall be held in accordance with the provisions of the
Administrative Procedure Act.
(e) Based upon the results of the hearing, the commissioner may take one or more
of the following actions:
(i) Release the stop order.
(ii) Require the cause for the stop order to be remedied prior to releasing the stop
order.
(iii) Amend the stop order.
Acts 2025, No. 300, §2, eff. June 11, 2025.