§ 76.19. Civil penalties.

 (a)  General. The Department may assess a civil penalty of up to $300 against a person or food establishment that violates the act or this chapter for the first offense. The Department may assess a penalty of up to $1,000 for each subsequent offense.

 (b)  Notice. The Department will provide a person or food establishment written notice of a violation of the act or this chapter and an opportunity for an administrative hearing on the violation prior to the imposition of a civil penalty.

 (c)  Time for correction of condition giving rise to civil penalty. If the Department assesses a civil penalty against a food establishment for failing to have the required certified supervisory employee, it will allow the food establishment 90 days from the violation giving rise to the initial civil penalty before it may assess another civil penalty. During that 90-day period, the food establishment shall comply with the act and this chapter.

   The provisions of this §  76.19 amended August 6, 2004, effective August 7, 2004, 34 Pa.B. 4139. Immediately preceeding text appears at serial page (260103).