Sec 3-739. Violations; civil penalties; exception

A. A retailer, dealer, peddler, shipper, seller or purveyor of shell eggs or egg products, who has received a written notice of violation of this article from the department and who after receipt of the notice commits a subsequent violation of the same provision which was stated in the notice, shall be subject to a civil penalty as follows:

1. For the first subsequent violation, at least fifty but not more than two hundred fifty dollars.

2. For the second and all subsequent violations, at least one hundred but not more than five hundred dollars.

B. The department shall establish by rule criteria for determination of civil penalties imposed under this section. Any civil penalties collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

C. This section does not apply to the regulation of grade and weight standards pursuant to this article, or to tempering of shell eggs or egg products as required in food preparation.