(a) Any food service establishment engaged in the sale or advertising of catfish products in violation of this article shall be subject to civil penalties. The department shall impose the following civil penalties. For violations occurring within a 24-month period:
(1) A warning for the first violation.
(2) A fine of one hundred dollars ($100) for a second violation with 24 months.
(3) A fine of two hundred fifty dollars ($250) for the third violation within 24 months.
(4) A fine of five hundred dollars ($500) for the fourth violation within 24 months.
(5) A fine of one thousand dollars ($1,000) for the fifth violation within 24 months and at the discretion of the department, a suspension of the food service establishment permit.
(b) A person may appeal the assessment of a civil penalty by requesting a hearing that shall be held in accordance with the Alabama Administrative Procedure Act. Judicial review of a final action of the department shall be pursuant to Section 41-22-20.
(c) All fines and other moneys collected pursuant to this section shall be continuously appropriated to the department and used to implement and administer this article.
(d) If a civil penalty imposed by the department is not paid, the department, the Attorney General, or appropriately the district attorney may file an action to collect the civil penalty in a court of competent jurisdiction in the county in which the violation occurred. The food establishment shall be responsible to pay all costs associated with the collection of the civil penalty.
(e) Any food service establishment which unknowingly violates this article shall be held harmless against penalties from failure to disclose country of origin of any product which was mislabeled by the wholesaler or distributor.
(f) The board may promulgate rules as may be necessary for the implementation and enforcement of this article.
(Act 2009-584, p. 1719, §3.)