3-739

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.