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SECTION 39 41 160. Penalties for fraudulent violations of article or regulations. A person who fraudulently commits the following violations is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than one thousand dollars or imprisoned not less than thirty nor more than sixty days for each offense: (1) brands or labels a package, a barrel, a pump, a tank, or other vessel; (2) uses a label a second time; (3) keeps a petroleum product used for illuminating, heating, or power purposes not marked and branded in accordance with the regulations of the Commissioner of Agriculture; (4) violates this article or a regulation adopted by the Commissioner of Agriculture for its enforcement. SECTION 39 41 195. Penalties for conveyance of motor fuel in violation of this chapter. (A) If a person or his agent or employee conveys, or offers to convey, motor fuel in violation of this chapter, the person is subject to an administrative fine or a stop sale order, or both, in the discretion of the Commissioner of Agriculture. (B) An administrative fine must not be assessed for an amount greater than one thousand dollars unless the violation: (1) threatens public health or safety; (2) is committed knowingly or intentionally; or (3) reflects a continuing and repetitive pattern of disregard for the requirements of this article. (C) An administrative fine fully assessed by the commissioner for an amount greater than one thousand dollars may be assessed for an amount not in excess of ten thousand dollars.
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