It's probably not, because the act as it's structured is somewhat outmoded concerning where the penalties are levied. In my view, they are almost post facto, and there should be deterrents to doing the wrong thing in the first place. As it is, the whole order of enforcement doesn't come in until you've done something wrong and they've ordered you to change it and you've refused do so.
On May 6th, 2008. See this statement in context.