California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 2 - Livestock Disease Control › Article 14 - Animal Disease Traceability › Section 839 - Administrative Penalty Schedules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Failure to comply with the provisions of Division 5 (commencing with section
				  9101) of the Food and Agricultural
				  Code, and any regulations adopted pursuant to Division 5, excluding any
				  regulation adopted pursuant to Food and Agricultural Code sections
				  10781-10786, constitutes a
				  violation and is subject to an administrative penalty of not less than one
				  hundred dollars ($100) or more than one thousand dollars ($1,000) for each
				  violation as authorized by section
				  9166 of the Food and Agricultural
				  Code.
(b) The Department shall use
				  the provisions of this section to determine the violation class, severity of
				  the violation, and amount of the penalty. One instance of conduct may result in
				  multiple violations.
(c) For
				  purposes of this section, violations are classified as "serious," "moderate,"
				  or "minor". Repeat violations may result in an escalation of violation class
				  and/or penalty. Escalation of penalties will apply for a revolving three-year
				  period from the date of each unique section code violation.
(d) Table "A" Administrative Violation
				  Classification Schedule shall be used by the Department and provides the level
				  of severity of a particular violation and the corresponding penalty range for
				  "serious", "moderate", and "minor" violation classes for violations pursuant to
				  subsection (a) of this section.
1. "Serious".
				  Violations that occur recklessly or negligently, or where the risk for
				  spreading animal disease or causing contamination poses an imminent threat to
				  animals, animal products, public health, the environment, or the economy, or
				  violations that resulted, or reasonably could have resulted in the introduction
				  or spread of an animal disease; or interferes with the Department's efforts to
				  mitigate the introduction or spread of animal diseases including animal disease
				  traceability. Serious violations are punishable by an administrative penalty
				  from five hundred one dollars ($501) to one thousand dollars
				  ($1,000).
2. "Moderate". Violations
				  in which there is a potential for spreading animal disease or causing
				  contamination, or could pose a threat to animals, animal products, public
				  health, the environment, or the economy; or effects the Department's efforts to
				  mitigate the introduction or spread of animal diseases including animal disease
				  traceability. Moderate violations are punishable by an administrative penalty
				  from three hundred one dollars ($301) to five hundred dollars ($500).
3. "Minor". Violations that are unintentional
				  or have minimal risk of spreading animal disease or causing contamination or
				  are unlikely to pose a threat to animals, animal products, public health, the
				  environment, or the economy; or interferes minimally with the Department's
				  efforts to mitigate the introduction or spread of animal diseases including
				  animal disease traceability. Minor violations are punishable by an
				  administrative penalty from one hundred dollars ($100) to three hundred dollars
				  ($300).