Any person who sells, exchanges or delivers or has in his possession with intent to sell, exchange, or deliver, milk shipped within or into Massachusetts from a milk plant or out-of-state pasteurization plant which has not been issued a permit is subject to a fine of not less than $500 but not more than $1,000 for the first offense; not less than $1,000 but not more than $5,000 for the second offense, and $5,000 and imprisonment for not less than six months for subsequent offenses.
330 CMR, § 28.11