Section 10K. Whoever violates any provision of sections ten H to ten J, inclusive, or any rule or regulation of the department of public health promulgated thereunder shall be punished by a fine of not more than one hundred dollars for the first offence or by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not more than three months, or both, for each subsequent offence. The act, omission or failure of an agent or employee shall be deemed to be the act, omission or failure of the person referred to in sections ten H to ten K, inclusive, as defined in section one.