Section 17-189. Prohibition on sale of certain substances containing lead

a.
  For  purposes  of  this  section,  the  following  terms  shall have the
  following meanings:
    1.  "Candy  products  containing  lead"  shall  mean  any   confection
  containing  lead  which  the  department,  pursuant to rules promulgated
  hereunder, determines to present a risk to public health or  a  nuisance
  as defined in § 17-142 of this code.
    2.  "Litargirio"  shall  mean  any powder containing lead intended for
  sale for personal  use,  including,  but  not  limited  to,  use  as  an
  anti-perspirant,  deodorant,  foot fungicide or as a treatment for burns
  and wounds.
    3. "Person" shall mean any natural  person,  individual,  corporation,
  unincorporated  association,  proprietorship,  firm,  partnership, joint
  venture,  joint  stock  association  or   other   entity   or   business
  organization.
    b. No person shall sell or offer for sale, or cause any person to sell
  or offer for sale, candy products containing lead or products containing
  litargirio.
    c.  Violations and penalties. 1. Any person who violates any provision
  of this section shall be liable for a civil penalty not  to  exceed  two
  hundred  and fifty dollars for each violation, provided that for a first
  such violation, such person may be issued a written warning in  lieu  of
  such civil penalty.
    Notwithstanding  any  provision of law to the contrary, any person who
  intentionally or knowingly violates any provision of this section  shall
  be  guilty  of  a  misdemeanor punishable by a fine of not more than two
  hundred and fifty dollars for each violation and/or a prison term of not
  more than six months, and a civil penalty of not more than  two  hundred
  and fifty dollars for each violation.
    d.  Enforcement. The department and the department of consumer affairs
  shall enforce the provisions of this section. A  proceeding  to  recover
  any  civil  penalty authorized pursuant to subdivision c of this section
  shall be commenced by the service of a notice of violation returnable to
  the administrative tribunal established by the board of health where the
  department issues such a notice or to the adjudication division  of  the
  department  of  consumer  affairs  where  such  department issues such a
  notice. The notice of violation or  copy  thereof  when  filled  in  and
  served   shall   constitute   notice   of  the  violation  charged.  The
  administrative tribunal of the board  of  health  and  the  adjudication
  division  of  the department of consumer affairs shall have the power to
  render decisions and to impose the remedies and penalties  provided  for
  in  subdivision  c of this section, in addition to any other remedies or
  penalties provided for the enforcement  of  such  provisions  under  any
  other  law  including,  but not limited to, civil or criminal actions or
  proceedings.
    e. Rules. The commissioner  shall  promulgate  any  rules  as  may  be
  necessary  for  the  purposes  of  carrying  out  the provisions of this
  section.