(1) In addition to any other liability or penalty provided by law, the State Department of Agriculture may assess a civil penalty against a person that violates a provision of ORS § 633.311 to 633.479 or rules adopted under ORS § 633.311 to 633.479. The civil penalty may not be more than:

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(a) $500 for the first violation within a three-year period;

(b) $1,500 for the second violation within a three-year period; and

(c) $10,000 for each subsequent violation within a three-year period.

(2) The department shall adopt rules that determine guidelines for ensuring consistency in the assessment of civil penalties.

(3) Notwithstanding subsection (1) of this section, for a violation that arises from gross negligence or willful misconduct, or that results in substantial harm to human health or the environment, the department may assess a civil penalty of not more than $10,000 for the initial violation or any subsequent violation.

(4) Each violation of a provision of ORS § 633.311 to 633.479 that results from an action is a separate and distinct violation. The department may deem each day of a continuing violation to be a separate and distinct violation.

(5) A civil penalty assessed under this section may be remitted or reduced upon terms and conditions that the Director of Agriculture considers proper and consistent with the public health and safety.

(6) If a civil penalty assessed under this section remains unpaid after the issuance of the final order, the department may, until the civil penalty is paid in full:

(a) Refuse to issue the recipient of the final order a certificate of registration under ORS § 633.311 to 633.479 for a product; and

(b) Withhold from the recipient of the final order the issuance or renewal of a license under any program administered by the department. [2001 c.914 § 17; 2009 c.97 § 17]