Section 597.NEW - [Newly enacted section not yet numbered] [Civil penalties for violations]1. A person who sells, offers for sale or manufactures a foil balloon in violation of sections 2 to 10, inclusive, of this act is subject to a civil penalty not to exceed $50 for each such foil balloon sold, offered for sale or manufactured, except that the penalty against the person must not exceed $2,500 for each day on which a violation occurs.2. A civil penalty imposed pursuant to subsection 1 must be recovered in a civil action brought by the Attorney General or by the district attorney or city attorney for the jurisdiction in which the violation occurred.3. Any civil penalty collected pursuant to this section by:(a) The Attorney General must be paid to the State Treasurer for credit to the State General Fund.(b) A district attorney or city attorney must deposited in the county or city treasury, as applicable.4. In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider: (a) The nature, extent and severity of the violation;(b) If multiple violations occurred, the number of violations;(c) The economic effect of the civil penalty on the person;(d) The annual revenue of the person in both sales of foil balloons and total sales;(e) Whether the person took good faith measures to comply with the requirements of sections 2 to 10, inclusive, of this act and when such measures were taken;(f) The deterrent effect that the imposition of the penalty would have on both the person and the regulated community as a whole;(g) The willfulness of the person responsible for the violation; and(h) Any other factors that justice may require.5. The Attorney General or the district attorney or city attorney of a county or city, as applicable, in which a person sells, offers for sale or manufactures a foil balloon in violation of sections 2 to 10, inclusive, of this act may bring an action to enjoin the violation.Added by 2023, Ch. 483,§10, eff. 10/1/2023.