Section 37-0209. Violations  


Latest version.
  • 1.  A  violation of any of the provisions of this title or any rule or
      regulation promulgated pursuant thereto shall be punishable in the  case
      of  a  first  violation,  by  a civil penalty not to exceed ten thousand
      dollars. In the  case  of  a  second  and  any  further  violation,  the
      liability  shall  be  for  a  civil  penalty  not  to exceed twenty-five
      thousand dollars for each violation.
        2. No manufacturer or distributor  of  a  product  shall  be  held  in
      violation  of this title who can show that, in the purchase of a package
      or packaging component, he or she relied in good faith  on  the  written
      assurance  of  the manufacturer of such packaging or packaging component
      that such packaging or packaging component met the requirements of  this
      title.  Such  written  assurance shall take the form of a certificate of
      compliance  stating  that  a  package  or  packaging  component  is   in
      compliance  with the requirements of this title, provided however, where
      compliance is achieved under an exemption provided in subdivision two or
      three of section 37-0207 of this title, the certificate shall state  the
      specific  basis  upon which the exemption is claimed. The certificate of
      compliance  shall  be  signed  by  an   authorized   official   of   the
      manufacturing or distributing company.