Any person who shall fail to comply with the provisions of §§ 815—815g of this title or, in whole or in part, with any standard or regulation established hereunder by the Secretary, or who shall engage in the introduction and/or marketing of fowl and hatching eggs without the corresponding license, shall be guilty of a misdemeanor and upon conviction thereof, punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200) for the first offense, and in case of recidivism, by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500); Provided, That the fowl or hatching eggs not complying with the regulations or standards promulgated by the Secretary and which have been the object of a detention order, may be seized, in cases where there is risk or danger to the public health or of introducing or disseminating any disease of fowl. In such case such fowl or hatching eggs as are fit for use or consumption in municipal and Commonwealth institutions shall be sent thereto, whenever possible and convenient, and those not sent to institutions shall be sold at public auction, or shall be destroyed.
The Secretary is hereby empowered to impose administrative fines of up to twenty-five dollars ($25) for the first offense, and up to fifty dollars ($50) for a subsequent offense, when it is found that the provisions of §§ 815—815g of this title or the regulations or standards promulgated hereunder have not been complied with; Provided, That in cases of violations to § 815f of this title, the administrative fine imposable by the Secretary shall be of up to fifty dollars ($50) for the first offense and up to one hundred dollars ($100) subsequently. It shall be discretional with the Secretary to determine whether to proceed against the violator administratively or judicially. The imposition of these administrative fines shall preclude the imposition of judicial penalties for the same violation.
History —June 25, 1966, No. 124, p. 383, § 8; May 23, 1967, No. 49, p. 234, § 3.