1. (1)

   1. (a) Any person who violates a provision of this title or a lawful order or rule made under the authority of this title by the department shall:

      1. (i) in a civil proceeding, be assessed a penalty not to exceed the sum of $5,000; or

      2. (ii) in a criminal proceeding:

         1. (A) for the first violation, be guilty of a class B misdemeanor; and
         2. (B) for a subsequent similar violation within two years, be guilty of a class A misdemeanor.
   2. (b) In addition, a person is liable for any expense incurred by the department in removing or abating any violation.
2. (2) Assessment or conviction under this title does not relieve the person assessed or convicted from civil liability for any act which was also a violation of a public health law.
3. (3) Each day of violation of this title or a rule made by the department may be considered a separate violation.
4. (4) The enforcement procedures and penalties provided in Subsections (1) through (3) do not apply to chapters in this title which provide for other specific enforcement procedures and penalties.
5. (5) Except as provided in Subsection 19-1-303.5(2) or otherwise in this title, and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this title into the General Fund.

Amended by Chapter 434, 2026 General Session