Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-3 - FEED › Section 5E-3.018 - Enforcement and Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				580.051(5),
				F.S., authorizes the department to assess a penalty in the amount of $100 per
				violation against the violator for the distribution of commercial feed without
				labeling as required under section
				580.051(1),
				F.S. The assessment of a penalty shall be imposed where no labeling is
				furnished or where labeling of a feed product containing a drug does not show
				the word "Medicated" in the brand name.
(2) All penalties assessed under Section
				580.131, F.S., must be paid to
				the consumer within 60 days from the date of notice by the department to the
				registrant.
When payment has been made in full to the consumer, the
				  registrant must notify the department in writing at the Florida Department of
				  Agriculture and Consumer Services, Bureau of Licensing and Enforcement, 3125
				  Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650 of the form of
				  the payment using the form entitled "Notice of Deficiency Payment" FDACS 13255,
				  Rev. (05/19), which is hereby adopted and incorporated by reference in this
				  rule and is available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-11186
.
(3) Sampling Penalties:
(a) Enforcement. Section
				580.121(1),
				F.S., authorizes the department to impose an administrative penalty against any
				person who violates a provision of Chapter 580, F.S. or Chapter 5E-3, F.A.C.
				The following are requirements of sampling as outlined in Section
				580.091, F.S. and Rule
				5E-3.003, F.A.C., for which an
				administrative penalty will be imposed:
1.
				Failure to submit a minimum of one (1) sample by the end of the first quarter
				(September 30th) of each fiscal year as required by subsection
				5E-3.003(4),
				F.A.C. will result in the issuance of a warning letter. Failure to submit a
				minimum of one (1) sample by the end of the first quarter for two consecutive
				years will result in an administrative fine in the amount of $250.00.
2. Failure to submit any samples for a given
				Fiscal Year (July 1 - June 30), including the first quarter sample as required
				in subsection 5E-3.003(4),
				F.A.C., will result in a Stop-Sale as described in Section
				580.111. F.S., and
				administrative fine as described in paragraph
				5E-3.018(3)(b),
				F.A.C. The department shall release the commercial feed or feedstuff when the
				provisions and rules have been complied with and all adinistrative fines have
				peen paid in full.
3. Further
				refusal to submit samples for the second consecutive fiscal year will result in
				increased fines, as outlined in paragraph
				5E-3.018(3)(b),
				F.A.C., not to exceed $1, 000 per violation and suspension of the feed master
				registration. As authorized in Section
				580.111, F.S., a suspension will
				incur a stop-sale of the products distributed by that registrant until such a
				time that all provisions and rules have been complied with and all
				administrative fines have been paid in full.
4. Failure to meet all requirements of
				sampling as outlined in Rule
				5E-3.003, F.A.C., including
				submission of any number of samples less than what is required under Rule
				5E-3.003, F.A.C., for a
				consecutive three (3) year period will result in increased fines as outlined in
				paragraph 5E-3.018(3)(b),
				F.A.C., not to exceed $1, 000 per violation and a suspension of the feed master
				registration. As authorized in Section 580.111, F.S., a suspension will incur a
				stop-sale of the products distributed by that registrant until such time that
				all provisions and rules have been complied with and all administrative fines
				have been paid in full.
5.
				Distribution of products while under suspension and/or failure to comply with a
				final order issued by the department will result in revocation of the feed
				master registration.