(a) The secretary may assess against any retailer that sells covered electronic devices not authorized for sale in this state a penalty up to $500 for each violation, but not to exceed $5,000 total for the year. The secretary's decision may be appealed to the Environmental Quality Board.
(b) A fine under subsection (a) of this section may be assessed only after the retailer that committed the violation has been issued three warnings from the secretary regarding the violation.
(c) Each day on which a violation occurs or continues is a separate violation under this section.
(d) All penalties assessed under this section shall be deposited into the Covered Electronic Devices Takeback Fund.