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The Vermont Statutes Online
Title
06
:
Agriculture
Chapter
204
:
PREPARATION OF LIVESTOCK AND POULTRY PRODUCTS
§
3317. Penalties; generally
(a) Any person
who violates any provision of this chapter, or the rules promulgated under this
chapter, for which no other criminal penalty is provided by this chapter shall
upon conviction be subject to imprisonment for not more than one year, or a
fine of not more than $1,000.00, or both. However, if the violation involves
intent to defraud, or any distribution or attempted distribution of a product
that is adulterated except as defined in subdivision 3302(1)(K) of this title,
the person shall be subject to imprisonment for not more than three years or a
fine of not more than $10,000.00, or both.
(b) Nothing in
this chapter shall be construed as requiring the secretary to report for
prosecution or for the institution of libel or injunction proceedings minor
violations of this chapter whenever he or she believes that the public interest
will be adequately served by a suitable written notice of warning.
(c) Any person
who violates this chapter or any rule adopted by the secretary under this
chapter shall be liable for a civil penalty not to exceed $1,000.00 for each
violation. A civil penalty may be imposed by the Washington superior court, or
by any other superior court. The superior court shall consider the size of the
business of the person charged, the effect on the person's ability to continue
in business, and the gravity of the violation in assessing a civil penalty.
Whenever the secretary finds that the violation occurred despite the exercise
of due care, he or she may issue a warning instead of seeking a penalty. (Added
1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2,
eff. May 27, 2003.)