(A) A civil action may be brought by the Commissioner of Agriculture in a court of competent jurisdiction to recover a civil penalty of not less than:

1. (1) one hundred nor more than two hundred dollars for a first violation;
2. (2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation;
3. (3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.

(B) The commissioner or his designee may conduct an administrative hearing and, upon notice and an opportunity to be heard, may assess a civil penalty of not less than:

1. (1) one hundred nor more than two hundred dollars for a first violation;
2. (2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first violation;
3. (3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.