§ 2-1-306 — Civil penalty

(a) (1) A person that violates § 2-1-305 shall be fined an amount not to exceed one thousand dollars ($1,000) for each violation. (2) Each item that violates § 2-1-305 constitutes a separate violation subject to the civil penalty provided in subdivision (a)(1) of this section. (b) (1) A person subject to a civil penalty under subsection (a) of this section may request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (2) Upon request, the Director of the Arkansas Bureau of Standards shall conduct a hearing after giving appropriate notice to the person, and the decision of the director is subject to appropriate judicial review. (3) (A) If a person subject to a civil penalty under subsection (a) of this section has exhausted all administrative appeals and the civil penalty has been upheld, the person or entity shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision. (B) If the person fails to pay the civil penalty as required under this section, a civil action may be brought by the director in a court of competent jurisdiction to recover the civil penalty. (C) A civil penalty collected under this section shall be deposited into the Plant Board Fund. (c) The director may waive a civil penalty for a violation of § 2-1-305 if: (1) He or she determines that the violation was accidental, erroneous, or unintentional; or (2) The person that violated § 2-1-305 publicly acknowledges the violation and issues a voluntary recall for the mislabeled products.

Legislative History

Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.