(1) In addition to any applicable criminal penalty under ORS § 571.991 or 571.995 or any other penalty, a person who violates ORS § 571.055 or 571.525 is subject to a civil penalty imposed by the State Department of Agriculture. The civil penalty shall not exceed $10,000.

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(2) Every violation of ORS § 571.055 or 571.525 is a separate offense subject to a separate civil penalty.

(3) The department shall consult with, and seek the advice of, the State Christmas Tree Advisory Committee and the State Nursery Research and Regulatory Committee in order to:

(a) Develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations;

(b) Develop guidelines and policies regarding the circumstances under which civil penalties should be imposed; and

(c) At least biannually review cases to ensure that guidelines and policies developed under paragraph (b) of this subsection are being followed.

(4) The imposition of a civil penalty under this section is subject to ORS § 183.745.

(5) The State Treasurer shall deposit all moneys from civil penalties recovered under this section into the Department of Agriculture Account.

(6) Moneys from civil penalties recovered under this section for a violation of ORS § 571.055 are continuously appropriated to the department for the administration of nursery laws and industry projects under ORS § 571.005 to 571.230.

(7) Moneys from civil penalties recovered under this section for a violation of ORS § 571.525 are continuously appropriated to the department for the administration of Christmas tree laws and industry projects under ORS § 571.510 to 571.580. [1999 c.390 § 6]