§ 39. Penalties for violation of chapter or other laws. Every person
violating any of the provisions of this chapter, or of any other law the
enforcement of which is within the jurisdiction of the department shall,
except where other penalties are hereinafter prescribed, be subject to a
penalty in the sum of not more than six hundred dollars for the first
violation, nor more than one thousand two hundred dollars for the second
and each subsequent violation and provided further, however, that for a
violation of subdivision thirteen or fifteen of section two hundred of
this chapter, the minimum penalty shall be five hundred dollars and the
maximum penalty shall be one thousand dollars and that for the second
and subsequent offenses such person may also be subject to an
administrative order suspending the manufacture and/or sale of such
confectionery for a period of time up to three months for each such
violation. When such violation consists of the manufacture or production
of any prohibited article, each day during which or any part of which
such manufacture or production is carried on or continued, shall be
deemed a separate violation. When the violation consists of the sale, or
the offering or exposing for sale or exchange of any prohibited article
or substance, the sale of each one of several packages shall constitute
a separate violation, and each day on which any such article or
substance is offered or exposed for sale or exchange shall constitute a
separate violation. If the sale be of milk and it be in cans, bottles or
containers of any kind and if the milk in any one of such containers be
adulterated, it shall be deemed a violation whether such vendor be
selling all the milk in all of his containers to one person or not. When
the use of any such article or substance is prohibited, each day during
which or any part of which such article or substance is so used or
furnished for use, shall constitute a separate violation, and the
furnishing of the same for use to each person to whom the same may be
furnished shall constitute a separate violation. When the storage of any
article is prohibited beyond a certain period, each day during which or
any part of which any article is so stored beyond the period provided
for by this chapter, shall constitute a separate violation. A right of
action for the recovery of, or a liability for, penalties incurred as
provided in this chapter, or in any other law the enforcement of which
is within the jurisdiction of the department, may be released, settled
or compromised before the matter is referred to the attorney general as
provided in section forty-four of this article, and thereafter may be
released, settled or compromised by the attorney general, either before
or after an action is brought to recover such penalties.