Section 111.49 - Criminal penalties(a) Any person engaging in unlawful conduct as set forth in section 28 of this act, upon conviction thereof in a summary proceeding, may be sentenced to pay a fine of not more than three hundred dollars ($300) or to undergo imprisonment for a term which shall be fixed at not more than ninety days, or both.(b) Any person, other than a private applicator, who, within three years after being convicted of an offense pursuant to subsection (a) of this section, engages in similar unlawful conduct, or who violates any provision of this act after such person was issued a written warning by the secretary pursuant to the provisions of this act, shall be guilty of a misdemeanor of the second degree and, upon conviction thereof, may be sentenced to pay a fine of not more than five thousand dollars ($5,000) or imprisonment for a term that shall be fixed at not more than two years, or both.(c) Any person who, being a private applicator, within three years after being convicted of an offense pursuant to subsection (a) of this section, engages in similar unlawful conduct, or who violates any provision of this act after such person was issued a written warning by the secretary pursuant to the provisions of this act, shall be guilty of a misdemeanor of the third degree and, upon conviction thereof, may be sentenced to pay a fine of not more than two thousand five hundred dollars ($2,500) or imprisonment for a term that shall be fixed at not more than one year, or both.1974, March 1, P.L. 90, No. 24, § 29, effective 2/1/1978.