Minnesota Department of Agriculture

Food and Feed Safety Division

Document: FOOD.POLICY.60.01 Page 3 of 4 Title: Food Progressive Enforcement Policy

The majority of initial enforcement actions address repeat or recurring violations early in the process and will typically result in a Letter of Information, Notice of Repeat Violation Letter, Warning Letter, or a Notice of Intent for Civil Penalty. The latter communication describes the evidence based on alleged violations and allows the person to pay the assessed penalties without going to civil court. If the prior listed action(s) fails to gain compliance, or if higher public health severity warrants, additional administrative penalties may be used including the limitation or revocation of the firm’s Food Handler License. Administrative actions can be appealed within 20 days of the action which may trigger a contested case hearing as required under Minn. Stat. § 34A.07 and Minn. Stat. 14. The final phase of the progressive enforcement continuum includes assessing Criminal Penalties against a person that has repeatedly failed to comply with orders documenting violations that may lead to the adulteration of food, or other prohibited acts. Criminal penalties must be approved by the Division Director, Commissioner’s Office and the Attorney’s General office. Information developed from data collected during field inspections and compliance cases can be used to develop outreach and educational materials for similar segments of the food industry and should be done on at least an annual basis to ensure that the public and industry benefits from the Department’s progressive enforcement policy.

- 4. RESPONSIBILITY

Division Director – Director – The Division Director review all policies and procedures and issue final approval of all food program policies and procedures. Food Program Manager – Program Manager – The Food Program Manager will provide information as requested by the Compliance Officer and ensure full coordination of work with inspection staff. Division Outreach and Education Staff Outreach and Education Staff – Division Outreach and Education Staff will identify outreach and education needs from various industry sectors, develop and distribute educational materials, work with inspection and compliance programs to identify frequent and significant violations for targeted outreach. Retail and Manufactured Food Inspection Program Staff– and Manufactured Food Inspection Program Staff– Retail and Manufactured Food Inspection Program Staff will document violations with adequate observations, conduct follow- up and reinspections, communicate violations in writing to firms, use field enforcement tools such as cease-and-desist, embargo, seizure and condemnation appropriately as described by policy and procedure. Compliance Unit Unit Staff – Compliance Unit Staff will review and recommend progressive administrative, civil and criminal enforcement penalties, issue administrative orders based on investigatory work, and develop enforcement case files and documentation for administrative, civil and criminal penalties recommended and approved by division management. Compliance Unit Supervisor Unit Supervisor – The Compliance Unit Supervisor will ensure all assigned compliance staff follow the procedures described in the SOP’s. Business and Quality Management Unit Staff: and Quality Management Unit Staff: Business and Quality Management Unit staff will manage the procedure and policy documents associated with agency enforcement.