A person who by himself, by his servant or agent, or as the servant or agent of another person commits one or more of the acts enumerated in Section 39-9-200 may be subject to a civil penalty. A civil action may be brought by the Commissioner of Agriculture in a court of competent jurisdiction to recover a civil penalty of not less than:
(1) one hundred nor more than two hundred dollars for a first offense;
(2) two hundred fifty nor more than five hundred dollars for a second offense within two years from the date of the first offense;
(3) one thousand nor more than five thousand dollars for a third offense within two years from the date of the first offense.