Section He-P 2705.02 - Schedule of Administrative Fines(a) For willful submission of fraudulent or materially false information on or with an application, in violation of He-P 2702.01 or He-P 2703.01, the fine shall be $1,000;(b) For failure to cooperate during an inspection of a dairy farm, milk processing plant, or distributor, including but not limited to failing to allow department representatives or inspectors to inspect, at any reasonable hours, all premises and places where milk is produced, handled, processed, or pasteurized, in violation of RSA 184:96, the fine shall be $2,000;(c) For operating a dairy farm, or milk processing plant, or as a milk distributor in the state without first obtaining a milk producer permit or milk sanitation license, the fine shall be $1,000. Each day that an individual or business continues to operate without obtaining a permit or license shall be considered a separate offense subject to an additional $500 fine;(d) For failure to cease operation after a milk producer permit has been suspended, or when a permit has been revoked, the fine shall be $1,000. Each day that a permit holder fails to cease operation shall be considered a separate offense subject to an additional $500 fine;(e) For failure to cease operation after a milk plant, producer-distributor, or distributor license has expired, when an application has been denied, or when a license has been revoked, the fine shall be $1,000. Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $500 fine;(f) For failure to pay an administrative fine within 30 days of its imposition, or the completion of any appeal of the administrative fine, the fine shall be $500 per day until the fine is paid; (g) For failure to submit a timely license renewal application in accordance with He-P 2703.06(c) the fine shall be $75;(h) For the same critical violation found at an in-state milk plant, distributor, or producer-distributor on more than 2 consecutive inspections, the fine shall be $500;(i) For failure to enter into a corrective action plan (CAP) when required to do so by He-P 2703.09(h) the fine shall be $500;(j) For a failure to comply with any CAP that has been accepted by the department, the fine shall be $500;(k) For picking up milk, weighing milk, and sampling milk at a dairy farm in the state without first obtaining a bulk milk hauler license from the department, the fine shall be $100. Each day that an individual continues to operate without obtaining a license shall be considered a separate offense subject to an additional $50 fine;(l) For failure to cease operation after a bulk milk hauler license has been suspended or revoked, the fine shall be $1,000. Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $500 fine; and (m) For violating a variance approved in accordance with He-P 2709, the fine shall be $500.N.H. Admin. Code § He-P 2705.02
#7315, eff 7-1-00; ss by #9189, INTERIM, eff 7-1-08, EXPIRES: 12-28-08; ss by #9325, eff 11-21-08; ss by #9589, eff 11-5-09
Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10956, Effective 10/22/2015, Expires 10/22/2025.Amended by Volume XXXVII Number 6, Filed February 9, 2017, Proposed by #12101, Effective 2/3/2017, Expires 2/3/2027.Amended by Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12631, Effective 9/28/2018, Expires 3/27/2019.Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12743, Effective 3/20/2019, Expires 3/20/2029.Amended by Volume XLI Number 14, Filed April 8, 2021, Proposed by #13175, Effective 3/2/2021, Expires 3/2/2031