(a) Every person who violates any provision of this division relating to pesticides, or any regulation issued pursuant to a provision of this division relating to pesticides, is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000), or by imprisonment of not more than six months, or by both the fine and imprisonment. Upon a second or subsequent conviction of the same provision of this division relating to pesticides, a person shall be punished by a fine of not less than ten thousand dollars ($10,000) nor more than seventy-five thousand dollars ($75,000), or by imprisonment of not more than six months, or by both the fine and imprisonment. Each violation constitutes a separate offense. (b) Notwithstanding the penalties prescribed in subdivision (a), if the offense involves an intentional or negligent violation that created or reasonably could have created a hazard to human health or the environment, the convicted person shall be punished by imprisonment in a county jail not exceeding one year or in the state prison or by a fine of not less than fifteen thousand dollars ($15,000) nor more than one hundred thousand dollars ($100,000), or by both the fine and imprisonment. (c) This section does not apply to violations of Chapter 7.5 (commencing with Section 15300) or Section 13186.5.
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