1. (a) Any individual or entity who has done an act or omission prohibited by RSA 438:40, I or a weights and measures administrative rule shall receive either a written warning of violation issued by the division or a fine imposed by the commissioner.
2. (b) The division shall issue a written warning without the imposition of an administrative fine for a first violation of any provision of RSA 438:40, I or of a weights and measures administrative rule, unless the individual or entity doing the violation knew or should have known that the act or omission prohibited by the statute or rule was a violation.
3. (c) The commissioner shall impose a "first offense" administrative fine in accordance with the schedule in Agr 1411.07 for a first violation of any provision of RSA 438:40, I or of a weights and measures administrative rule if the individual or entity doing the violation knew or should have known that the act or omission prohibited by the statute or rule was a violation.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09 New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)