126.23B - CIVIL PENALTY.
126.23B CIVIL PENALTY.
1. A city or a county may enforce section 126.23A, after giving
the retailer an opportunity to be heard upon ten days' written notice
by restricted certified mail stating the alleged violation and the
time and place at which the retailer may appear and be heard.
2. For a violation of section 126.23A by the retailer or an
employee of the retailer a civil penalty shall be assessed against
the retailer as follows:
a. For a first violation, the retailer shall be assessed a
civil penalty in the amount of three hundred dollars.
b. For a second violation within a period of two years, the
retailer shall be assessed a civil penalty in the amount of one
thousand five hundred dollars.
c. For a third violation within a period of three years, the
retailer shall be assessed a civil penalty in the amount of two
thousand dollars. The retailer may also be prohibited from selling
pseudoephedrine for up to three years from the date of assessment of
the civil penalty.
d. For a fourth or subsequent violation within a period of
three years, the retailer shall be assessed a civil penalty in the
amount of three thousand dollars. On a fourth or subsequent
violation, the retailer shall be prohibited from selling
pseudoephedrine products for three years from the date of the
assessment of the civil penalty.
3. The city or county that takes legal action against a retailer
under this section shall report the assessment of a civil penalty to
the department of public safety within thirty days of the penalty
being assessed.
4. The civil penalty shall be collected by the clerk of the
district court and shall be distributed as provided in section
602.8105, subsection 4. Section History: Recent Form
2005 Acts, ch 15, §4, 14
Referred to in § 126.23A, 602.8105