§ 143-469. Penalties. - North Carolina Statutes

§ 143‑469. Penalties.

(a)        Any person who shall be adjudged to have violated anyprovision of this Article, or any regulation of the Board adopted pursuant tothis Article, shall be guilty of a Class 2 misdemeanor. In addition, if anyperson continues to violate or further violates any provision of this Articleafter written notice from the Board, the court may determine that each dayduring which the violation continued or is repeated constitutes a separateviolation subject to the foregoing penalties.

(b)        A civil penalty of not more than two thousand dollars($2,000) may be assessed by the Board against any person who violates ordirectly causes a violation of any provision of this Article or any ruleadopted pursuant to this Article.

(c)        Proceedings for the assessment of civil penalties under thissection shall be governed by Chapter 150B of the North Carolina GeneralStatutes. If the person assessed a civil penalty fails to pay the penalty tothe North Carolina Department of Agriculture and Consumer Services, the Boardmay institute an action in the superior court of the county in which the personresides or has his principal place of business to recover the unpaid amount ofsaid penalty. An action to recover a civil penalty under this section shall notrelieve any party from any other penalty prescribed by law.

(d)        Notwithstanding any other provision of this Article, themaximum penalty which may be assessed under this section against any personreferred to in G.S. 143‑460(29)a shall not exceed five hundred dollars($500.00). Penalties may be assessed under this section against a personreferred to in G.S. 143‑460(29)a only for willful violations.

(e)        The clear proceeds of civil penalties assessed pursuant tothis section shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2. (1971, c. 832, s. 1; 1981, c. 592, s. 12; 1987, c. 559, s. 21; c. 827,s. 1; 1993, c. 539, s. 1035; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 445, s.10; 1997‑261, s. 109; 1998‑215, s. 26(a).)