(1) Criminal Penalty. Any person who wilfully violates the provisions of this chapter or regulations promulgated pursuant thereto shall be deemed guilty of a misdemeanor and upon conviction shall be punished as follows:
- (a) For a first offense, by a fine of not more than one hundred dollars or imprisonment for not more than thirty days;
- (b) For a second offense, by a fine of not more than five hundred dollars or imprisonment for not more than sixty days;
- (c) For a third or subsequent offense, by a fine of not more than one thousand dollars or imprisonment for not more than ninety days.
- (2) Civil Penalty. In addition to a denial, suspension, revocation, or modification of a license or certificate or any other penalty as set forth in this chapter, an applicant, a holder of a license or certificate, or a person who receives compensation for making a pesticide application on property who violates a provision of this chapter may be assessed a civil penalty by the director of not more than one thousand dollars for each offense. The provisions of this subsection do not apply to a homeowner who makes a pesticide application in his home in accordance with state and federal law.
HISTORY: 1975 (59) 284; 1979 Act No. 180 Section 12; 1989 Act No. 155, Section 3, eff June 6, 1989.
Effect of Amendment
The 1989 amendment provided, in subsection (2), that a person who receives compensation for making a pesticide application on property may be subject to a civil penalty for violation.