Violations [Effective July 1, 2022].

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(a) A person who violates this chapter is subject to a civil penalty of not less than $50 and not more than $500 for each proven occurrence.

(b) Before imposing a penalty under subsection (a) of this section, the Secretary must offer the person advice on compliance with this chapter and an administrative hearing under § 2907 of this title.

(c) The Secretary must send a person who violates this chapter a written notice of the violation. The written notice of a violation must contain information regarding the opportunity for an administrative hearing under § 2907 of this title.

(d) (1) A person who violates this chapter may enter into a written agreement with the Secretary, specifying terms and conditions for compliance with this chapter.

(2) A person who is in compliance with all of the terms and conditions of a written agreement under paragraph (d)(1) of this section is not in violation of this chapter.

(e) All civil penalties collected under this section are payable to the Delaware Department of Agriculture and must be used for enforcement of this chapter.


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