(a) The department may levy a civil penalty against any person who violates this Subchapter, in an amount not more than $5,000 for each violation. The amount of the penalty assessed for each violation must be based upon the nature of the violation, the seriousness of the effect of the violation upon effectuation of the purposes and provisions of this Subchapter, and the impact of the penalty on the violator, including the deterrent effect on future violations.

(b) Notwithstanding the penalties prescribed in paragraph (a), if the department finds that a violation was not intentional, the department may levy a civil penalty of not more than $2,500 for each violation.

(c) For a first offense, in lieu of a civil penalty as prescribed in paragraphs (a) and (b), the department may issue a notice of noncompliance, if the department finds that the violation is minor.

(d) Any fees and civil penalties collected pursuant to this Subchapter must be deposited in the Food Safety Fund established pursuant to Section 110050 of Division 104 of the Health and Safety Code.

(e) A person against whom a civil penalty is levied must be afforded an opportunity for a hearing before the department pursuant to Section 131071 of Division 101 of the Health and Safety Code. If no hearing is requested, the civil penalty must constitute a final and nonreviewable order.