Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 15 - MILK
Section 11-15-53 - Penalty
Current through February, 2024
(a) Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Each and every violation of the provisions of this chapter shall constitute a separate offense.
(b) In addition to any other administrative or judicial remedy provided in this chapter, the director may fine any person who violates any provision of this chapter a fine or penalty of not more than $10,000 for each separate offense. Factors to be considered in imposing the administrative penalty include the nature and history of the violation and of any prior violation, and the opportunity, difficulty, and history of corrective action. For any judicial proceeding to recover the administrative penalty imposed, the director need only show that notice was given, a hearing was held, or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and that the penalty remains unpaid.
(c) The director may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this chapter.
