Section 9-1906 - Penalties.

§ 9-1906. Penalties.
 

(a)  In general.-  

(1) Any person who violates any provision of this subtitle or any regulation adopted under this subtitle, including making a false statement in a certificate of compliance, shall be liable to the State for a civil penalty of up to $1,000 for each violation, but not exceeding a total of $10,000 for any action. 

(2) Each package or packaging component in violation constitutes a separate violation. 

(3) The State shall recover the civil penalties under this subsection in a civil action in any county. 

(b)  Criminal penalties.- Any person who previously has been assessed a civil penalty under this section and who willfully violates any provision of this subtitle or any regulation adopted under this subtitle, including making a false statement in a certificate of compliance, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $20,000. 

(c)  Injunction.- The Department may seek an injunction to require the removal of a package or packaging component from sale or promotional use within the State against: 

(1) Any person who violates or threatens to violate any provision of this subtitle or any regulation adopted under this subtitle; and 

(2) A manufacturer who fails to certify on request of the Department that a package or packaging component produced by the manufacturer is in compliance with or is exempt under the provisions of this subtitle. 
 

[1992, ch. 491; 1993, ch. 281.]