For purposes of assessing civil penalties under this section, a violation consists of a single course of conduct with regard to an entire children’s product line that is sold or offered for sale in this state.
In imposing a penalty under subsection (1) or (5) of this section, the authority shall consider the following factors:
The past history of the manufacturer incurring a penalty in taking all feasible steps or following all feasible procedures necessary or appropriate to correct any violation.
Any prior violations of statutes, rules, orders or permits pertaining to high priority chemicals of concern for children’s health used in children’s products.
The gravity and magnitude of the violation.
Whether the violation was a sole event, repeated or continuous.
Whether the violation was a result of an unavoidable accident, negligence or an intentional act.
The violator’s cooperativeness and efforts to correct the violation.
The economic and financial conditions of the manufacturer incurring a penalty.
If a manufacturer asserts that a high priority chemical of concern for children’s health used in children’s products is present in a children’s product only as a contaminant, evidence that the manufacturer conducted a manufacturing control program for the contaminant that meets or exceeds the minimum requirements for a manufacturing control program adopted by rule by the authority under ORS 431A.258 (Disclosure by manufacturers) (5) and exercised due diligence.
If the manufacturer fails to cure the violation within 90 days, the authority may impose a civil penalty not to exceed $2,500. For a continuing violation, each 90-day period that the violation continues after the preceding imposition of a civil penalty is a separate offense subject to a separate civil penalty not to exceed $5,000. The authority is not required to provide the manufacturer with an opportunity to cure the continuing violation before imposing a civil penalty for the continuing violation.