Enforcement

(a) Written notification for first violation If a food service provider, manufacturer, distributor, or retailer violates section 3, the Administrator shall provide that food service provider, manufacturer, distributor, or retailer with written notification regarding the violation. (b) Subsequent violations (1) In general If a food service provider, manufacturer, distributor, or retailer, subsequent to receiving a written notification under subsection (a), violates section 3 again, the Administrator shall impose a civil penalty on the food service provider, manufacturer, distributor, or retailer in accordance with this subsection. (2) Amount of penalty For each violation described in paragraph (1), the amount of the civil penalty under that paragraph shall be— (A) in the case of the second violation, $250; (B) in the case of the third violation, $500; and (C) in the case of the fourth, and any subsequent, violation, $1,000. (3) Limitations (A) Food service providers; retailers In the case of a food service provider or retailer the annual revenue of which is less than $1,000,000, a penalty shall not be imposed under this subsection more than once during any 7-day period. (B) Manufacturer; distributors In the case of a manufacturer or distributor the annual revenue of which is less than $5,000,000, a penalty shall not be imposed under this subsection more than once during any 7-day period. (c) State enforcement The Administrator may permit a State to carry out enforcement under this section if the Administrator determines that the State meets such requirements as the Administrator may establish.