; or (B) the applicable food establishment or retail establishment requires additional time in order to deplete an existing inventory of a specific item subject to the prohibition for which the exemption is sought. (3) Description of undue hardship An undue hardship referred to in paragraph (2)(A) is a situation— (A) that is unique to an applicable food establishment or retail establishment; (B) in which no reasonable alternative to the use of an item subject to a prohibition under subsection (a) exists; and (C) due to which compliance with this section would create significant economic hardship for the applicable food establishment or retail establishment. (c) Effect of section Nothing in this section prohibits an individual from personal use of a disposable food service ware or other item made using a black plastic. 12214. Prohibition on noncompostable produce stickers Effective beginning on the date that is 1 year after the date of enactment of this subtitle, no retail establishment shall sell or distribute any produce to which is affixed a noncompostable sticker. 12215. Enforcement (a) Written warning For the initial violation of an applicable prohibition under section 12213 or 12214, the Administrator shall issue to the applicable food establishment or retail establishment a written warning that includes— (1) a description of the violation; and (2) a notice that any subsequent violation may result in a fine or seizure as described in subsection (b). (b) Subsequent violations (1) Fines Subject to paragraphs (2) and (3), a food establishment or retail establishment that has received a written warning under subsection (a) with respect to a violation of an applicable prohibition under section 12213 or 12214, and that repeats the violation, shall be subject to a fine in an amount equal to— (A) for the first repeat violation during the calendar year in which the written warning was received, $250; (B) for the second repeat violation during that calendar year, $500