SECTION 1. For the intents and purposes of this legislation, “Escolar” shall be defined as a species of fish often sold for consumption in commercial and retail stores, fish markets, or similar entities.

SECTION 2. A person or entity engaged in the business of selling or otherwise distributing fish for commercial or retail purposes may not sell or otherwise distribute Escolar in the commonwealth.

SECTION 3. A violator of this provision may receive a fine of one hundred and fifty dollars ($150.00) for a first violation; in the case of a second violation within 24 months of the first violation a fine of three hundred dollars ($300.00); and in the case of three or more violations within 24 months of the second or current violation, a fine of four hundred and fifty dollars ($450.00) for each violation and potential loss of commercial or retail license, under the purview of the local Board of Health or the Department of Public Health. Each calendar day an entity operates in violation of any provision of this law shall be deemed a separate violation.

SECTION 4. Violators who are found knowingly mislabeling Escolar as any other type of fish consumed by the general public shall be subject to immediate loss of licensure for a period of no longer than 24 months and a fine of no more than one thousand dollars ($1,000).

SECTION 5. The local Board of Health, the Department of Public Health, the Department of Fish & Game, the local inspection department or the equivalent, and a municipal government or its agent shall enforce this section immediately upon being enacted by the Governor of the commonwealth.