Civil penalty.

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§145-38 Civil penalty. [See Note at part heading.] Any person who violates any provision of this part or rule adopted pursuant to section 145-39 shall be subject to a civil penalty in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty, the board of agriculture shall give due consideration to:

(1) The history of the person's previous violations;

(2) The seriousness of the violation; and

(3) The demonstrated good faith of the person charged in attempting to achieve compliance with this part after being notified of the violation.

The penalty shall be collected by the department, and the proceeds shall be deposited into the agricultural development and food security special fund established pursuant to section 141-10. [L 2019, c 103, pt of §2]


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