Enforcement and Penalties

(1) General. Any failure to comply with any provision of 310 CMR 78.00 or M.G.L. c. 21A, § 28, or the terms of any order issued thereunder, shall constitute a violation of 310 CMR 78.00 for which the Department may take an enforcement action in accordance with applicable laws and regulations including, but not limited to, M.G.L. c. 21A, §§ 16 and 28, M.G.L. c. 111, § 2C, 310 CMR 78.00 and 310 CMR 5.00: Administrative Penalty. (2) For purposes of calculation of penalties for noncompliance with 310 CMR 78.00, one covered product shall be either: (a) an individual covered product packaged for retail sale; or (b) a collection of covered products that is combined within one package for retail sale. (3) Civil Penalties. (a) For the first violation, a fine of not more than $100 per covered product, not to exceed a total of $5,000; (b) For the second violation, a fine of not more than $250 per covered product, not to exceed a total of $25,000; and (c) For the third or subsequent violation, a fine of not more than $1,000 per covered product, not to exceed a total of $50,000. (d) A manufacturer or retailer who knowingly violates 310 CMR 78.07 shall be subject to a civil penalty equal to three times the amount of the fine imposed for such violation under 310 CMR 78.07(3). (e) A civil penalty for a violation of 310 CMR 78.07 shall be waived if the Department determines that a manufacturer or retailer acted in good faith to be in compliance with 310 CMR 78.07, pursued compliance with due diligence and promptly corrected any noncompliance after discovery of the violation.