Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.4 - Commercial Feed Enforcement and Penalties › Rule 4.12.403 - CIVIL PENALTY DETERMINATION

Current through Register Vol. 13, July 5, 2024
(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
Sec.
					 80-9-103
					 and
					 80-9-303,
					 MCA; IMP, Sec.
					 80-9-303,
					 MCA;