1. (1) The State Department of Agriculture shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for a particular violation.

2. (2) In imposing the penalty pursuant to the schedule authorized by this section, the Director of Agriculture shall consider the following factors:

   1. (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
   2. (b) Any prior violations of statutes, rules or orders pertaining to pesticide application, sale or labeling.
   3. (c) The gravity and magnitude of the violation.
   4. (d) Whether the violation was repeated or continuous.
   5. (e) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.
   6. (f) The violator’s cooperativeness and efforts to correct the violation.
   7. (g) The immediacy and extent to which the violation threatens the public health or safety.

[1989 c.943 §5]