Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 221 - MEAT SAFETY ASSURANCE › Subchapter B - MEAT AND POULTRY INSPECTION › Section 221.13 - Enforcement and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Administrative
				  Penalties. The purpose of this section is to establish the criteria and
				  procedures by which the commissioner will assess administrative penalties for
				  violations relating to the provisions of the Act, these rules, and licenses and
				  orders issued pursuant to the Act or the rules.
(1) Determining the amount of the penalty. In
				  determining the amount of the penalty, the commissioner shall consider the
				  criteria described in paragraphs (2) - (6) of this subsection.
(2) The seriousness of the violation.
(A) Violations shall be categorized by one of
				  the following severity levels.
(i) Severity
				  Level I covers violations that are most significant and have a direct negative
				  impact on, or represent a threat to, the public health and safety and
				  including, but not limited to, adulteration, misbranding, false representation,
				  or false advertising that results in fraud.
(ii) Severity Level II covers violations that
				  are very significant and have impact on the public health and safety including,
				  but not limited to, adulteration, misbranding, false representation, or false
				  advertising, that results in fraud.
(iii) Severity Level III covers violations
				  that are significant and which, if not corrected, could threaten the public and
				  have an adverse impact on the public health and safety, including, but not
				  limited to, adulteration, misbranding, false representation, or false
				  advertising that results in fraud.
(iv) Severity Level IV covers violations that
				  are of more than minor significance, and if left uncorrected, would lead to
				  more serious circumstances.
(v)
				  Severity Level V covers violations that are of minor safety or fraudulent
				  significance.
(B) The
				  severity of a violation shall be increased if the violation involves deception
				  or other indications of willfulness. In determining the severity of a
				  violation, there shall be taken into account the economic benefit gained by a
				  person through noncompliance.
(3) History of previous violations. The
				  department may consider previous violations. The base penalty may be reduced or
				  increased for past performance. Past performance involves the consideration of
				  the following factors:
(A) how similar the
				  previous violation was;
(B) how
				  recent the previous violation was; and
(C) the number of previous violation(s) in
				  regard to correction of the problem.
(4) Demonstrated good faith. The department
				  may consider demonstrated good faith. The base penalty may be reduced if good
				  faith efforts to correct a violation have been made, or are being made. Good
				  faith effort shall be determined on a case by case basis and be fully
				  documented.
(5) Hazard to the
				  health and safety of the public. The department may consider the hazard to the
				  health and safety of the public. The base penalty shall be increased when a
				  direct hazard to the health and/or to the safety of the public is involved. It
				  shall be taken into account, but need not be limited to, the following factors:
(A) whether any disease or injuries have
				  occurred from the violation;
(B)
				  whether any existing conditions contributed to a situation that could expose
				  humans to a health hazard; or
(C)
				  whether the consequences would be of an immediate or long range
				  hazard.
(6) Other
				  matters. The commissioner may consider other matters as justice may
				  require.
(7) Levels of penalties.
(A) The Department will impose different
				  levels of penalties for different severity level violations as follows:
Attached
					 Graphic
(B) Each
				  day a violation continues may be considered a separate violation.
(8) Assessment, payment, and
				  refund procedures.
(A) The commissioner may
				  assess an administrative penalty only after a person charged with a violation
				  is given an opportunity for an administrative hearing. The hearing shall be in
				  accordance with the Health and Safety Code, §
												433.095;
				  the Government Code, Chapter 2001; and the department's formal hearing
				  procedures in Chapter 1 of this title (relating to Texas Board of
				  Health).
(B) Payment of an
				  administrative penalty shall be in accordance with the provision of the Health
				  and Safety Code, §
												433.096.
(C) Refund of an administrative penalty shall
				  be in accordance with the provisions of the Health and Safety Code, §
												433.097.