§ 20-60-205 — Penalties

(a) (1) For a first offense, a person who violates the provisions of this subchapter upon conviction is subject to imprisonment for not more than six (6) months or a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000), or both imprisonment and fine. (2) If the violation is committed after one (1) conviction of the person under this section, the person shall be subject to imprisonment for not more than one (1) year or a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both imprisonment and fine. (3) If the violation is committed after two (2) or more convictions of the person under this section have become final, the person shall be subject to imprisonment for not more than two (2) years or a fine of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000), or both imprisonment and fine. (b) When construing or enforcing this subchapter, the act, omission, or failure of any person acting for or employed by another person within the scope of his or her employment or office shall in every case be deemed the act, omission, or failure of the other person, as well as of the person acting for or employed by the other person. (c) A carrier or warehouser is not subject to the penalties of this subchapter other than the penalties for violation of § 20-60-215 by reason of his or her receipt, carriage, holding, or delivery in the usual course of business as a carrier or warehouser of livestock carcasses, parts of livestock carcasses, or meat food products owned by another person unless the carrier or warehouser has knowledge or is in possession of facts that would cause a reasonable person to believe that the livestock, parts of livestock carcasses, or meat food products were not inspected or marked in accordance with this subchapter or were not otherwise in compliance with this subchapter. (d) This subchapter does not require the Secretary of the Department of Agriculture to report violations of this subchapter for criminal prosecution if the secretary believes that the public interest will be adequately served and compliance with this subchapter obtained by a suitable written notice of warning.

Legislative History

Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 910,§ 5074, eff. 7/1/2019. Acts 1967, No. 320, §§ 11, 12; A.S.A. 1947, §§ 82-2011, 82-2012.