Court enforcement

ATCP 40.60 Court enforcement. The department may seek court action to enforce this chapter, including any of the following actions that may be appropriate: (1) Fertilizer seizure. The department, or a district attorney at the request of the department, may ask a court to seize and dispose of a fertilizer as provided in s. 94.64 (11) (c), Stats. (2) Injunction and restitution. The department, or a district attorney at the request of the department, may ask a court to issue a temporary or permanent injunction under s. 94.64 (11) (d) or 94.65 (10) (d), Stats., to restrain a violation of this chapter. The department may also ask a court to order restitution. (3) Civil forfeiture. The department may ask a district attorney to seek a court-ordered civil forfeiture under s. 94.64 (12) (a) or 94.65 (11) (a), Stats. (4) Criminal prosecution. The department may ask a district attorney to initiate a criminal prosecution under s. 94.64 (12) (a) or 94.65 (11) (b), Stats. Note: A buyer injured by a violation of this chapter may sue the violator for any contract remedies that may apply. If the violation pertains to a soil or plant additive, the person may also sue for double damages, costs, and reasonable attorney fees under s. 94.65 (12), Stats. History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05.