(a) Any food service establishment violating this article or the rules promulgated thereunder, after notice and a hearing, shall be subject to penalties on a graduated scale in accordance with the following schedule for all violations within a 24-month period:
(1) First offense - Written warning.
(2) Second offense - One hundred dollars ($100).
(3) Third offense - Two hundred fifty dollars ($250).
(4) Fourth offense - Five hundred dollars ($500).
(5) Fifth offense - One thousand dollars ($1,000).
(b) Any food service establishment which unknowingly violates this article shall be held harmless against penalties from failure to disclose country of origin of any product which was mislabeled by the wholesaler or distributor.
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