§ 6825. Enforcement and penalties
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 3 Pa.C.S.A. AgricultureEffective: July 11, 2022
Effective: July 11, 2022
3 Pa.C.S.A. § 6825
Formerly cited as PA ST 3 Pa.C.S.A. § 6723
§ 6825. Enforcement and penalties
(2) For a subsequent offense committed within three years of a prior conviction for a violation of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $500 nor more than $1,000 and costs of prosecution or to imprisonment for not more than two years, or both.
(1) In addition to another remedy available at law or in equity for a violation of this chapter, the department may assess a civil penalty of not less than $500 nor more than $5,000 upon a person for each violation of this chapter. The civil penalty assessed shall be payable to the department and shall be collectible in any manner provided by law for the collection of debt.
(2) No civil penalty shall be assessed unless the person assessed the penalty has been given notice and an opportunity for a hearing on the assessment in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
(1) A person who to the person's own advantage uses or reveals to anyone other than the department, administrative tribunal or a court when relevant in a judicial proceeding information acquired under the authority of this chapter concerning a method, record, formulation or process that as a trade secret is entitled to protection under the law commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $500.
(e) De minimis violations.--Nothing in this chapter shall be construed to require the department to report a violation and to institute seizure proceedings as a result of a de minimis violation of this chapter when the department concludes that the public interest will be best served by a suitable notice of warning in writing.
Credits
2022, July 11, P.L. 1538, No. 83, § 2, imd. effective.
3 Pa.C.S.A. § 6825, PA ST 3 Pa.C.S.A. § 6825
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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