63E.— (1) A relevant grocery goods undertaking that contravenes a requirement in a contravention notice commits an offence and is liable—

(a) on summary conviction, to the fines and penalties provided for in section 79, or

(b) on conviction on indictment, to the fines and penalties provided for in section 79.

(2) A relevant grocery goods undertaking that, without reasonable excuse, contravenes a provision of regulations under section 63B that is declared in the regulations to be a penal provision commits an offence and is liable—

(a) on summary conviction, to the fines and penalties provided for in section 79, or

(b) on conviction on indictment, to the fines and penalties provided for in section 79.

(3) Any person who is aggrieved in consequence of a relevant grocery goods undertaking’s failure to comply with any provision of regulations under section 63B or a contravention notice shall have a right of action under this subsection for relief against that relevant grocery goods undertaking.

(4) An action under subsection (3) may be brought in the Circuit Court.

(5) Any relief by way of damages, including exemplary damages, for an action under subsection (3) shall not, except by consent of the necessary parties in such form as may be provided for by rules of court, be in excess of the limit of the jurisdiction of the Circuit Court in an action founded on tort.]