(a) Any person who violates the provisions of this subchapter shall upon conviction be subject to imprisonment for not more than six (6) months or a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000), or both imprisonment and fine:

(1) If the violation is committed after one (1) conviction of the person under this section, the person shall be subject to imprisonment for not more than one (1) year or a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both imprisonment and fine; or

(2) If the violation is committed after two (2) or more convictions of the person under this section have become final, the person shall be subject to imprisonment for not more than two (2) years or a fine of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000), or both imprisonment and fine.

(b) When construing or enforcing the provisions of this subchapter, the act, omission, or failure of any person acting for or employed by an individual, partnership, corporation, association, or other business unit within the scope of his or her employment or office shall in every case be deemed the act, omission, or failure of the individual, partnership, corporation, association, or other business unit, as well as of the person.

(c) No carrier or warehouser shall be subject to the penalties of this subchapter other than the penalties for violation of § 20-60-215 by reason of his or her receipt, carriage, holding, or delivery in the usual course of business as a carrier or warehouser of livestock carcasses, parts thereof, or meat food products owned by another person unless the carrier or warehouser has knowledge or is in possession of facts which would cause a reasonable person to believe that the articles were not inspected or marked in accordance with the provisions of this subchapter or were not otherwise in compliance with this subchapter.

(d) Nothing in this subchapter shall be construed as requiring the Director of the Department of Health to report violations of this subchapter for criminal prosecution whenever the director believes that the public interest will be adequately served and compliance with this subchapter obtained by a suitable written notice of warning.