Section 131130 Of Article 1. General Provisions From California Health And Safety Code >> Division 112. >> Part 1. >> Chapter 2. >> Article 1.
131130
. (a) Any person who willfully sells, keeps for sale, or
offers for sale any food, drug, device, or cosmetic knowing, after a
written notice from either (1) a manufacturer, wholesaler,
distributor, or importer, or (2) the department or a local health
officer that the product linked to an outbreak of illness, injury, or
product tampering is being ordered removed from sale by the
department pursuant to Section 131080, shall, upon conviction, be
punished by a fine of not less than two thousand dollars ($2,000) nor
more than ten thousand dollars ($10,000) for each day of violation,
or by imprisonment in the county jail for not more than one year, or
by both a fine and imprisonment.
(b) If a second or subsequent violation is committed after a
previous conviction under this section has become final, the person
shall be punished by a fine of not less than five thousand dollars
($5,000) nor more than twenty-five thousand dollars ($25,000) for
each day of violation, or by imprisonment pursuant to subdivision (h)
of Section 1170 of the Penal Code, or by both a fine and
imprisonment.
(c) Notwithstanding any other provision of law, the court may
suspend the minimum fines provided for in this section if it
determines that there are circumstances in mitigation and the court
states on the record its reasons for suspending the minimum fine.