(a) Any person who violates any provision of § 21-28.12-5.2 shall be fined by the department as follows:
(1) For a first offense in a twenty-four-month (24) period, fined not more than ten (10) times the retail value of the contraband kratom products;
(2) For a second or subsequent offense in a twenty-four-month (24) period, fined not more than twenty-five (25) times the retail value of the contraband kratom products.
(b) When determining the amount of a fine sought or imposed under this section, evidence of mitigating factors, including history, severity, and intent shall be considered.
(c) All funds received by the department pursuant to this section shall be deposited into a restricted receipt account established in § 21-28.12-11.