(1)(a) Except as provided in (b) of this subsection, any person
violating any provision of this chapter or any rule adopted under
this chapter is guilty of a misdemeanor.
(b) A second or subsequent violation is a gross misdemeanor.
Any offense committed more than five years after a previous
conviction shall be considered a first offense.
(2) Whenever the director finds that a person has committed
a violation of any of the provisions of this chapter, and that
violation has not been punished pursuant to subsection (1) of
this section, the director may impose upon and collect from the
violator a civil penalty not exceeding one thousand dollars per
violation per day. Each violation shall be a separate and
distinct offense.
(3) When construing or enforcing the provisions of RCW 69.25.110, the act, omission, or failure of any person acting for
or employed by any individual, partnership, corporation, or
association within the scope of the person's employment or office
shall in every case be deemed the act, omission, or failure of
such individual, partnership, corporation, or association, as
well as of such person.
(4) No carrier or warehouseman shall be subject to the
penalties of this chapter, other than the penalties for violation
of RCW 69.25.140, or 69.25.155, by reason of his or her receipt,
carriage, holding, or delivery, in the usual course of business,
as a carrier or warehouseman of eggs or egg products owned by
another person unless the carrier or warehouseman has knowledge,
or is in possession of facts which would cause a reasonable
person to believe that such eggs or egg products were not
eligible for transportation under, or were otherwise in violation
of, this chapter, or unless the carrier or warehouseman refuses
to furnish on request of a representative of the director the
name and address of the person from whom he or she received such
eggs or egg products and copies of all documents, if there be
any, pertaining to the delivery of the eggs or egg products to,
or by, such carrier or warehouseman.
[2003 c 53 § 317; 1995 c 374 § 27; 1992 c 7 § 47; 1975 1st ex.s. c 201 § 16.]
NOTES:
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Effective date -- 1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.