Mont. Admin. r. 4.12.403

Current through Register Vol. 23, December 6, 2024

Rule 4.12.403 - CIVIL PENALTY DETERMINATION

(1) Each violation set forth in this rule is a separate offense. Each offense is subject to a civil penalty not to exceed $1,000.

(2) The penalty matrix in this rule establishes the penalty amount for initial and subsequent offenses. The penalty amount for subsequent violations may be increased as shown in the penalty matrix for second and third violations but only if the subsequent violation occurs within two years of the preceding violation and the charged person was notified of the preceding violation and had an opportunity to remedy the violation or to exercise an appeal.

(3) Penalty amounts shown in the matrix may be decreased or increased depending upon the significance or gravity of the violation, the degree of care exercised by the offender, and the actual or potential adverse impact or effects on animals or humans.

(4) Where a penalty is assessed under (5) (z) for reoccurrence of a violation within two years, where the violation upon initial occurrence was determined to be nonsignificant and not subject to a civil penalty, the two year period will start on the date that the preceding violation occurred.

(5) Penalty matrix in dollars:

	Initial Violation	Second Violation	Subsequent Violations
(a) manufacture a commercial feed that is misbranded, technical violation	$250	$500	$1,000
(b) manufacture a commercial feed that is misbranded, resulting in harm or having potential for harm	500	1,000	1,000
(c) manufacture a commercial feed that is adulterated, technical violation	500	1,000	1,000
(d) manufacture a commercial feed that is adulterated, resulting in harm or having potential for harm	1,000	1,000	1,000
(e) misbrand a commercial feed, technical violation	250	500	1,000
(f) misbrand a commercial feed, resulting in harm or potential for harm	500	1,000	1,000
(g) adulterate a feed, technical violation	500	1,000	1,000
(h) adulterate a feed, resulting in harm or potential for harm	1,000	1,000	1,000
(i) distribute misbranded feed, technical violation	50	100	250
(j) distribute misbranded feed, resulting in harm or potential for harm	100	250	500
(k) distributeadulterated feed, technical violation	$100	$250	$500
(l) distribute adulterated feed, resulting in harm or potential for harm	250	500	1,000
(m) fail to obtain license	100	250	500
(n) fail to pay inspection fees	500	1,000	1,000
(o) fail to register pet or specialty pet food	500	1,000	1,000
(p) distribute pet or specialty pet feed that is not registered	50	100	250
(q) distribute pet or specialty pet feed for which registration was refused or cancelled	1,000	1,000	1,000
(r) fail to file annual statement	100	250	500
(s) fail to keep records of distribution or tonnage records	100	250	500
(t) fail to submit list of feed products, labels, labeling, promotional material, claim, analytical method, or data upon request	250	500	1,000
(u) submit false information on application for licensing or registration	100	250	500
(v) knowingly feed adulterated feed to animals intended for human consumption or that produce commodities for human consumption	1,000	1,000	1,000
(w) violate an embargo order	1,000	1,000	1,000
(x) fail to comply with an order	500	1,000	1,000
(y) fail to comply with rules	100	500	1,000
(z) reoccurrence of a nonsignificant violation	Warning	200	500

Mont. Admin. r. 4.12.403

NEW, 2000 MAR p. 3333, Eff. 12/8/00.

Sec. 80-9-103 and 80-9-303, MCA; IMP, Sec. 80-9-303, MCA;