§ 8-107.04. Criminal prosecutions; penalties for violations of subchapter.

Current through October 23, 2012

(a) If the Mayor determines that a cleaning agent does not comply with § 8- 107.02(a) or (b) and has not been exempted according to § 8-107.02(e), then the Mayor shall bring an action for criminal violation of this subchapter in the Superior Court of the District of Columbia.

(b) A person who uses a cleaning agent in violation of this subchapter shall be fined no more than $15.

(c) A person who offers for sale at retail or furnishes a cleaning agent in violation of this subchapter shall be subject to a fine, upon conviction, not to exceed $500 for the 1st offense and a fine not to exceed $1,000 for the second and subsequent offenses.

(d) The Mayor may seize any cleaning agent held for sale in violation of this subchapter. Cleaning agents seized under this subsection shall be forfeited to the District of Columbia.

(e) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2.

                
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(Mar. 25, 1986, D.C. Law 6-98, § 5, 33 DCR 723; Mar. 8, 1991, D.C. Law 8-237, § 17, 38 DCR 314.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-974.

Legislative History of Laws

For legislative history of D.C. Law 6-98, see Historical and Statutory Notes following § 8-107.01.

Law 8-237, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990," was introduced in Council and assigned Bill No. 8-203, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 4, 1990, and December 18, 1990, respectively. Signed by the Mayor on December 27, 1990, it was assigned Act No. 8-320 and transmitted to both Houses of Congress for its review.

Delegation of Authority

Delegation of authority pursuant to Law 6-98, see Mayor's Order 87-48, February 17, 1987.