If a person fails to comply with any requirement of this chapter (including regulations promulgated under this chapter), the Secretary may assess, on the record after an opportunity for a hearing, a civil penalty—
((1)) of not more than $25,000 per violation, if an agricultural product is not involved in the violation; or
((2)) of not more than 100 percent of the value of the agricultural product, if an agricultural product is involved in the violation.