; or (2) is the responsible party for less than 1 ton of covered products or beverage containers in commerce each year. (c) Enforcement (1) Prohibition It shall be unlawful for any person that is a responsible party for a covered product or beverage sold in a beverage container to sell, use, or distribute any covered product or beverage sold in a beverage container in commerce except in compliance with this part. (2) Civil penalty Any person that violates paragraph (1) shall be subject to a fine for each violation and for each day that the violation occurs in an amount of not more than $70,117. (3) Injunctive relief The Administrator may bring a civil action to enjoin the sale, distribution, or importation into the United States of a covered product or beverage sold in a beverage container in violation of this part. (4) State enforcement The Administrator may permit a State to carry out enforcement under paragraph (2) or (3) if the Administrator determines that the State meets such requirements as the Administrator may establish. (d) Inapplicability of the antitrust laws The antitrust laws, as defined in the first section of the Clayton Act ( 15 U.S.C. 12 ), shall not apply to a responsible party or Organization that carries out activities in accordance with an approved Plan if the conduct is necessary to plan and implement the Plan. 12102. Producer Responsibility Organizations (a) In general (1) Establishment To satisfy the requirement under section 12101(a)(1), one or more responsible parties for a category of covered product or beverage sold in a beverage container shall establish a Producer Responsibility Organization that shall act as an agent and on behalf of each responsible party to carry out the responsibilities of the responsible party under this part with respect to that category of covered product or beverage sold in a beverage container. (2) Program An Organization shall establish a Product Stewardship Program to carry out the responsibilities of the Organization under this part. (3) Coordination If