(a)
- (1) Any person who violates any provision of this subtitle or any regulation adopted under this subtitle, including making a false statement in a certificate of compliance, shall be liable to the State for a civil penalty of up to $1,000 for each violation, but not exceeding a total of $10,000 for any action.
- (2) Each package or packaging component in violation constitutes a separate violation.
- (3) The State shall recover the civil penalties under this subsection in a civil action in any county.
- (b) Any person who previously has been assessed a civil penalty under this section and who willfully violates any provision of this subtitle or any regulation adopted under this subtitle, including making a false statement in a certificate of compliance, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $20,000.
(c) The Department may seek an injunction to require the removal of a package or packaging component from sale or promotional use within the State against:
- (1) Any person who violates or threatens to violate any provision of this subtitle or any regulation adopted under this subtitle; and
- (2) A manufacturer who fails to certify on request of the Department that a package or packaging component produced by the manufacturer is in compliance with or is exempt under the provisions of this subtitle.
Added by Acts 1992, c. 491, § 1, eff. Oct. 1, 1992. Amended by Acts 1993, c. 281, § 1, eff. Oct. 1, 1993.