§3317. Penalties; generally

Link to law: http://legislature.vermont.gov/statutes/section/06/204/03317
Published: 2015

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The Vermont Statutes Online









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.)