by both the fine and imprisonment. Upon a second or subsequent conviction of the same provision of this division relating to pesticides, a person shall be punished by a fine of not less than ten thousand dollars ($10,000) nor more than seventy-five thousand dollars ($75,000), or by imprisonment of not more than six months, or by both the fine and imprisonment. Each violation constitutes a separate offense.

intentional or negligent violation that created or reasonably could have created a hazard to human health or the environment, the convicted person shall be punished by imprisonment in a county jail not exceeding one year or in the state prison or by a fine of not less than fifteen thousand dollars ($15,000) nor more than one hundred thousand dollars ($100,000), or by both the fine and imprisonment.

13186.5.