(A) A civil action may be brought by the Commissioner of Agriculture in a court of competent jurisdiction to recover a civil penalty of not less than:

(1) one hundred nor more than two hundred dollars for a first violation;

(2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation;

(3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.

(B) The commissioner or his designee may conduct an administrative hearing and, upon notice and an opportunity to be heard, may assess a civil penalty of not less than:

(1) one hundred nor more than two hundred dollars for a first violation;

(2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation;

(3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.

(C) A person violating this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days, or both, in the discretion of the court.

HISTORY: 1962 Code Section 66-629; 1955 (49) 316; 1994 Act No. 379, Section 1, eff May 10, 1994; 2005 Act No. 23, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005).

Effect of Amendment

The 1994 amendment revised this section, adding subsections (A) and (B), and increasing the penalties in (C).

The 2005 amendment reprinted this section with no apparent change.