Civil penalties

(1) Any manufacturer of an animal remedy, veterinary biologic or pharmaceutical who violates any provision of ORS 596.100 or 596.105 applicable to manufacturers or any rule adopted pursuant thereto or the terms or conditions of any license, registration or order issued by the State Department of Agriculture under ORS 596.100 or 596.105 shall be subject to a civil penalty not to exceed $2,500 per violation. (2) Any person that violates any provision of ORS 596.075, 596.321, 596.331 (1), 596.351, 596.388, 596.392 (1) to (3) or (6), 596.404 to 596.416 or 596.460, any rule adopted pursuant thereto or the terms or conditions of any order of the department issued pursuant thereto shall be subject to a civil penalty not to exceed $1,000 per violation. (3) Any person that violates any provision of ORS 596.331 (2), 596.355, 596.392 (4) or (5) or 596.394 to 596.402, any rule adopted pursuant thereto or the terms or conditions of any order issued pursuant thereto shall be subject to a civil penalty not to exceed $5,000 per violation. (4) Civil penalties under this section are in addition to any other penalty provided by law. (5) Each violation described in this section may be a separate and distinct offense, and, in the case of a continuing violation, each day’s continuance thereof may be deemed a separate and distinct offense. (6) The department shall adopt a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. (7) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745. (8) The department shall deposit all moneys from penalties recovered under this section into the Department of Agriculture Service Fund established by ORS 561.144. Moneys deposited under this subsection are continuously appropriated to the department for carrying out the administration and enforcement of the laws, rules or orders under which the penalties are assessed.