§ 3317. Penalties; generally

(a) Any person who violates any provision of this chapter, or the rules adopted under this chapter, for which no other criminal penalty is provided by this chapter shall upon conviction be subject to imprisonment for not more than one year or a fine of not more than $1,000.00, or both. However, if the violation involves intent to defraud, or any distribution or attempted distribution of a product that is adulterated except as defined in subdivision 3302(1)(K) of this title, the person shall be subject to imprisonment for not more than three years or a fine of not more than $10,000.00, or both.

(b) Nothing in this chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of libel or injunction proceedings minor violations of this chapter whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning.

(c) Any person who violates this chapter or any rule adopted by the Secretary under this chapter shall be liable for a civil penalty not to exceed $1,000.00 for each violation. A civil penalty may be imposed by the Washington Superior Court or by any other Superior Court. The Superior Court shall consider the size of the business of the person charged, the effect on the person’s ability to continue in business, and the gravity of the violation in assessing a civil penalty. Whenever the Secretary finds that the violation occurred despite the exercise of due care, he or she may issue a warning instead of seeking a penalty. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 141, eff. July 1, 2022.)