P.R. Laws tit. 5, § 126

2019-02-20 00:00:00+00
§ 126. Penalties

Any natural or juridical person who fails to comply with the provisions of §§ 121—127 of this title or with all or part of any standard or regulation established by the Secretary of Agriculture pursuant to the provisions of §§ 121—127 of this title, shall incur a misdemeanor and upon conviction shall be punished with a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200) for the first conviction; and with a fine of not less than two hundred [dollars] ($200) nor more than five hundred dollars ($500) for each subsequent violation; Provided, That any farm product or container, packaging or labeling material for it, not in accord with the regulations or standards promulgated by the Secretary of Agriculture, and which has been subject to a detention order, may be seized if its owner or handler fails to proceed as set forth in § 125a of this title and, in such case, the farm products, containers, or their packaging or labeling materials that are appropriate for the use of municipal or Commonwealth hospitals shall be sent to them whenever it is possible and convenient, and those that are not sent to hospitals will be sold at public auction, destroyed or used for purposes other than human consumption; Provided, That in cases of violations of § 125a of this title, the administrative fine that the Secretary of Agriculture may impose shall be of up to two hundred dollars ($200) for the first time and up to five hundred dollars ($500) subsequently. When any farm product has been marketed in Puerto Rico in violation of any regulations promulgated under §§ 121—127 of this title without it having been inspected by officials of the Department of Agriculture and without payment of the inspection fees established through regulations for that product, the owner or consignee of the farm product thus marketed shall be obliged to pay the corresponding inspection fees in addition to being subject to the penalties provided by §§ 121—127 of this title.

The Secretary of Agriculture is hereby empowered to impose administrative fines up to the sum of five hundred dollars ($500) for the first violation and up to ten thousand [dollars] ($10,000) for any subsequent violation when it is found that the provisions of §§ 121—127 of this title or the regulations or standards promulgated thereunder have not been complied with.

History —May 8, 1950, No. 241, p. 618, § 7; June 26, 1961, No. 116, p. 254, § 4; June 13, 1964, No. 48, p. 112, § 2; May 1, 1980, No. 24, p. 74; Aug. 4, 1988, No. 151, p. 643, § 3.