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Any person who shall violate any of the provisions of this subchapter shall be liable to forfeit and pay a civil penalty in the sum of three hundred dollars for the first violation, four hundred dollars for the second violation and five hundred dollars for the third and any subsequent violation; except that a person shall be subject to a civil penalty of zero dollars for a first violation of subdivision b of section 20-682 of this subchapter or any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision b of section 20-682 of this subchapter or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
Subchapter 8: Perishable Foods
The council finds that consumers cannot be certain that food offered for sale is fresh or that it will remain fresh for a reasonable period of time after it is purchased. The council particularly recognizes consumer concern with the freshness of foods including, but not limited to, meat, poultry, fish, dairy products, eggs, fruit, vegetables and baked goods. The council further finds that the food industry's practice of controlling food freshness through coded dates has proven inadequate for protection of the public. The council has concluded that a mandatory system of clear and legible dating accompanied by a statement of recommended conditions of storage is the best way to assure consumers of the freshness of the foods that they buy in stores.
It shall be unlawful to sell or offer for sale any perishable food designated by the commissioner in accordance with section 20-686 hereof unless there is stamped, printed or otherwise plainly and conspicuously marked on the top cover or principal panel of its container or any label affixed thereto the statements indicating recommended conditions and methods of storage, and the fact that it is not to be sold after a clearly specified date for human consumption as food.
The commissioner shall promulgate regulations designating those perishable foods which shall come within the scope of section 20-685 of this subchapter wherever the commissioner shall find that because of the nature of the commodity, the mode of packaging or other consideration, such information about the commodity shall be necessary and proper to provide adequate information to the consumer as to the perishable nature of such commodity and conditions of storage.
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