Sec. 16.5. Violations; administrative monetary penalties.
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Sec. 16.5. Violations; administrative monetary penalties. The Director is authorized to hold administrative hearings to determine violations of this Act or the Department's rules and regulations adopted under this Act. After finding that a violation has occurred, the Director may impose administrative monetary penalties as follows:
(1)Against a licensee who sells or offers for sale non-inspected frozen, liquid, or
dried egg products:
(A)$500 for a first violation.
(B)$1,000 for a second violation within 2 years after the first violation.
(C)$2,000 for a third or subsequent violation within 2 years after the immediately
preceding violation.
(2)Against a licensee who makes a false, deceptive, or misleading statement,
representation, or assertion concerning the quality, size, weight, or condition of, or any other matter relating to advertising and selling, eggs and egg products:
(A)$200 for a first violation.
(B)$500 for a second violation within 2 years after the first violation.
(C)$1,000 for a third or subsequent violation within 2 years after the immediately
preceding violation.
(3)Against a licensee who furnishes an invoice, statement, or bill showing a standard
of size, standard of quality, representation of freshness, or any other description of eggs or egg products that is false, deceptive, or misleading in any particular:
(A)$200 for a first violation.
(B)$500 for a second violation within 2 years after the first violation.
(C)$1,000 for a third or subsequent violation within 2 years after the immediately
preceding violation.
(4)Against any person who resists, hinders, obstructs, or in any way interferes with
any officer, inspector, or employee of the Department in the discharge of his or her duties under the provisions of this Act, $300.
(5)Against any person who buys, sells, trades, or barters eggs in this State without
having obtained a license, $300.
(6)For all other violations:
(A)$200 for a first violation.
(B)$400 for a second violation within 2 years after the first violation.
(C)$600 for a third or subsequent violation within 2 years after the immediately
preceding violation.
(7)Against any person who sells or wholesales eggs, who has been notified pursuant to
the notification provision in this Section, to any person or business not licensed by the Department who buys, sells, trades, or traffics in eggs in this State:
(A)$200 for a first violation.
(B)$500 for a second violation within 2 years after the first.
(C)$1,000 for a third or subsequent violation within 2 years after the immediately
preceding violation.
The Department shall notify any person who sells or wholesales eggs to any person or business not licensed by the Department who buys, sells, trades, or traffics eggs in this State that he or she may not sell, trade, or traffic eggs with the non-licensed person or business. A copy of the notice shall be either served personally or served by registered or certified mail on the person who sells or wholesales eggs. Proof of service of the notice shall be made by affidavit of the person making personal service or by the registered or certified mail receipt.
A penalty not paid within 60 days after it is due may be submitted to the Attorney General's office or an approved private collection agency for collection.