A. If the director has reasonable cause to believe from investigation that any fertilizer material is being offered or exposed for sale in violation of any of the provisions of this article, the director may serve the person a cease and desist order requiring such person, on receiving the notice, to immediately cease and desist from such act. The order shall be served by any method of service authorized by the Arizona rules of civil procedure.

Terms Used In Arizona Laws 3-279

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Fertilizer material: means any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the soil. See Arizona Laws 3-262
  • Person: includes individual, partnership, association, firm or corporation. See Arizona Laws 3-262
  • sale: includes exchange. See Arizona Laws 3-262

B. After service is made upon such person of a cease and desist order, the person or the director may file an action in the superior court in the county in which a violation of this article is alleged to have occurred, for an adjudication of the alleged violation. The court may issue temporary or permanent injunctions, mandatory or restraining, and intermediate orders it deems necessary. The action shall be tried de novo.

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