Violation of Act; Penalty; Civil Action; Damages; Relief; Allegation and Proof of Compliance.

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Sec. 3.

(1) A person that violates this act is guilty of a misdemeanor. Each container possessed in violation of this act is a separate offense.

(2) A person may bring a civil action against a person that violates section 2(1) for damages or equitable relief. In an action for damages, the person may recover actual damages or $2,000.00, whichever is greater, for each violation of section 2(1) and costs and reasonable attorney fees.

(3) A person who brings an action in a court in this state to collect payment for transferring liquefied petroleum or carbonic gas into or out of a stationary liquefied petroleum or carbonic gas container must allege and prove that the person complied with section 2(1) in the transfer of the gas to prevail in that action.

History: 1959, Act 241, Eff. Mar. 19, 1960 ;-- Am. 2006, Act 505, Imd. Eff. Dec. 29, 2006


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