209.02.12 Ark. Code R. 007
Establishing measurement, packaging, quality, and advertising requirements provides a system of weights and measures to ensure that equity and fairness prevail in all commercial transactions within the marketplace. This will assure that uniformity and accuracy will benefit and protect both buyers and sellers in the commercial transactions.
The purpose of the regulations is to provide a fair and consistent mechanism by which compliance with the Arkansas Uniform Weights and Measures Law, the Engine Fuels and Lubricants Law, the Arkansas Catfish Marketing Law, the Arkansas Foreign Fish Law, the Arkansas Catfish - "Identification by Restaurants" Law, and regulations pursuant thereto shall be achieved.
For a violation to be considered a subsequent offense, it must be a repeat of a violation for which previous enforcement action has been taken by the Plant Board. The previous violation or violations must have occurred within the past 3 years.
Under the Arkansas Code, the Plant Board has several options for enforcement action.
An investigation will be initiated when:
The processing sequence for a violation investigation is outlined in Figure I.
Criminal Penalties: Also under the Arkansas Code, (A.C.A. 4-18-324) whoever intentionally commits any of the acts enumerated in A.C.A. 4-18-322 is guilty of a Class A misdemeanor.
Criminal Penalties: Also under the Arkansas Code, (A.C.A. 4-108-209) Any person that intentionally violates this subchapter or regulations promulgated shall be guilty of a Class A misdemeanor.
Any person who violates any provision of A.C.A. 20-61-201 et seq. for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than five hundred dollars ($500). (A.C.A. 20-61-203)
Any person who knowingly violates any provision of A.C.A. 20-61-301 et seq. for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than fifty dollars ($50) for the first offense and not more than five hundred dollars ($500) for the second and subsequent offenses.
FIGURE I
PROCESSING SEQUENCE
An alleged violation of law and/or regulation must be documented and submitted to a supervisor on a Bureau of Standards report to initiate enforcement action.
Documentation must conform to the requirements of the Bureau of Standards Division.
The sequence of events within the Enforcement Response Regulations is as follows:
FIGURE II
RESPONSE PROCESS
The Staff will carefully review all documentation and records to determine:
A violation will be determined by documentation of criteria as specified in The Penalty Matrix (Appendix A). The severity and level of enforcement of a violation will be determined by the three (3) factors in Section VII as they are applied to the Penalty Matrix (Appendix A).
Other extenuating/aggravating/mitigating circumstances may also be considered.
The Plant Board will take action to determine the final disposition of the case.
Any person who believes they have been aggrieved by any final order of the Plant Board may obtain a judicial review by filing a petition in circuit court within 30 days of the Board's final order.
Penalty Matrix Appendix A
VIOLATION | Violation Level | 1st Level of Enforcement | 2nd Level of Enforcement | 3rd Level of Enforcement | |||
A.C.A. 4-18-322. Prohibited acts. No person shall: | Enforcement Action | Civil Penalty | Enforcement Action | Civil Penalty | Enforcement Action | Civil Penalty | |
Use or have in possession for use in commerce any incorrect weight or measure: | Minor | Warning or Civil Penalty | $100 -$600 | Warning or Civil Penalty | $400 -$1200 | Warning or Civil Penalty | $700 -$2000 |
Major | A,C,D,E | $100 -$600 | A,C,D,E,G | $400 -$1200 | A,C,D,E,G | $700 -$2000 | |
Sell or offer for sale for use in commerce any incorrect weight or measure: | Minor | Warning or Civil Penalty | $100 -$600 | Warning or Civil Penalty | $400 -$1200 | Warning or Civil Penalty | $700 -$2000 |
Major | A,C,D,E | $100 -$600 | A,C,D,E,G | $400 -$1200 | A,C,D,E,G | $700 -$2000 | |
Remove any tag, seal, decal, or mark from any weight or measure without specific written authorization from the proper authority: | Minor | Warning or Civil Penalty | $100 -$600 | Warning or Civil Penalty | $400 -$1200 | Warning or Civil Penalty | $700 -$2000 |
Major | A,C,D,E | $100 -$600 | A,C,D,E,G | $400 -$1200 | A,C,D,E,G | $700 -$2000 | |
Hinder or obstruct any weights and measures official or registered service agent in the performance of his or her duties: | Minor | Warning or Civil Penalty | $100 -$600 | Warning or Civil Penalty | $400 -$1200 | Warning or Civil Penalty | $700 -$2000 |
Major | A,C,D,E | $100 -$600 | A,C,D,E,G | $400 -$1200 | A,C,D,E,G | $700 -$2000 | |
Violate any provisions of this subchapter or regulations promulgated under it: | Minor | Warning or Civil Penalty | $100 -$600 | Warning or Civil Penalty | $400 -$1200 | Warning or Civil Penalty | $700 -$2000 |
Major | A,C,D,E,F | $100 -$600 | A,C,D,E,F | $400 -$1200 | A,C,D,E,F,G | $700 -$2000 | |
Sell or offer for sale any weight or measure for use in commerce, unless it bears an Arkansas Bureau of Standards approved seal or decal, if the seal or decal is applicable to the weight or measure: | Minor | Warning or Civil Penalty | $100 -$600 | Warning or Civil Penalty | $400 -$1200 | Warning or Civil Penalty | $700 -$2000 |
Major | A,C,D,E | $100 -$600 | A,C,D,E | $400 -$1200 | A,C,D,E,G | $700 -$2000 | |
Neglect or refuse to exhibit a weight or measure under the person's control or in the person's possession to any weights and measures official or a registered service agent for inspection, examination, or testing as required by law: | Minor | Warning or Civil Penalty | $100 -$600 | Warning or Civil Penalty | $400 -$1200 | Warning or Civil Penalty | $700 -$2000 |
Major | A,C,D,E | $100 -$600 | A,C,D,E | $400 -$1200 | A,C,D,E,G | $700 -$2000 | |
Perform an annual inspection, examination, or test on a weight or measure if that person is not a weights and measures official or a registered service agent: | Minor | Warning or Civil Penalty | $100 -$600 | Warning or Civil Penalty | $400 -$1200 | Warning or Civil Penalty | $700 -$2000 |
Major | A,C,D,E | $100 -$600 | A,C,D,E | $400 -$1200 | A,C,D,E,G | $700 -$2000 | |
Impersonate in any way the Director of the Arkansas Bureau of Standards, the deputy director, any one of the investigators, or a registered agent of the Arkansas Bureau of Standards by the use of a seal or decal, or in any other | Minor | Warning or Civil Penalty | $100 -$600 | Warning or Civil Penalty | $400 -$1200 | Warning or Civil Penalty | $700 -$2000 |
Major | A,C,D,E | $100 -$600 | A,C,D,E | $400 -$1200 | A,C,D,E,G | $700 -$2000 | |
Violate any provision of this subchapter or rules promulgated under A.C.A. 4-18-328: | Minor | Warning or Civil Penalty | $100 -$600 | Warning or Civil Penalty | $400 -$1200 | Warning or Civil Penalty | $700 -$2000 |
Major | A,C,D,E | $100 -$600 | A,C,D,E | $400 -$1200 | A,C,D,E,G | $700 -$2000 | |
A person may be prosecuted for a violation of this subchapter notwithstanding the existence of any other valid general or specific act of this state dealing with matters that may be the same as or similar to those covered by this subchapter: | Minor | Warning or Civil Penalty | $100 -$600 | Warning or Civil Penalty | $400 -$1200 | Warning or Civil Penalty | $700 -$2000 |
Major | A,C,D,E | $100 -$600 | A,C,D,E | $400 -$1200 | A,C,D,E,G | $700 -$2000 | |
Represent engine fuels, petroleum products, or automotive lubricants in any manner that may deceive or tend to deceive the purchaser as to the nature, brand, price, quantity, or quality of the products: | Minor | Warning or Civil Penalty | $100 -$300 | Warning or Civil Penalty | $400 -$600 | Warning or Civil Penalty | $700 -$1000 |
Major | A,C,D,E | $100 -$300 | A,C,D,E,G | $400 -$600 | A,C,D,E,G | $700 -$1000 | |
Fail to register an engine fuel designed for special use: | Minor | Warning or Civil Penalty | $100 -$300 | Warning or Civil Penalty | $400-$600 | Warning or Civil Penalty | $700 -$1000 |
Major | A,C,D,E,F | $100 -$300 | A,C,D,E,F,G | $400 -$600 | A,C,D,E,F,G | $700 -$1000 | |
Submit incorrect, misleading, or false information regarding the registration of an engine fuel designed for special use: | Minor | Warning or Civil Penalty | $100 -$300 | Warning or Civil Penalty | $400 -$600 | Warning or Civil Penalty | $700 -$1000 |
Major | A,C,D,E | $100 -$300 | A,C,D,E | $400 -$600 | A,C,D,E,G | $700 -$1000 | |
Hinder or obstruct the State Plant Board in the performance of its duties: | Minor | Warning or Civil Penalty | $100 -$300 | Warning or Civil Penalty | $400 -$600 | Warning or Civil Penalty | $700 -$1000 |
Major | A,C,D,E | $100 -$300 | A,C,D,E | $400 -$600 | A,C,D,E,G | $700 -$1000 | |
Represent an engine fuel, petroleum product, or automotive lubricant that is contrary to the provisions of this subchapter: | Minor | Warning or Civil Penalty | $100 -$300 | Warning or Civil Penalty | $400 -$600 | Warning or Civil Penalty | $700 -$1000 |
Major | A,C,D,E | $100 -$300 | A,C,D,E | $400 -$600 | A,C,D,E,G | $700 -$1000 | |
Represent automotive lubricants with a Society of Automotive Engineers viscosity grade or American Petroleum Institute service classification other than those specified by the intended purchaser: | Minor | Warning or Civil Penalty | $100 -$300 | Warning or Civil Penalty | $400 -$600 | Warning or Civil Penalty | $700 -$1000 |
Major | A,C,D,E | $100 -$300 | A,C,D,E | $400 -$600 | A,C,D,E,G | $700 -$1000 | |
Violate any regulation promulgated under A.C.A. 4-108-212 | Minor | Warning or Civil Penalty | $100 -$300 | Warning or Civil Penalty | $400 -$600 | Warning or Civil Penalty | $700 -$1000 |
Major | A,C,D,E | $100 -$300 | A,C,D,E | $400 -$600 | A,C,D,E,G | $700 -$1000 | |
A.C.A. 20-61-101 Any violator of this section shall be assessed by the State Plant Board a civil penalty: | Major | A,C,D,E,G | $100 -$300 | A,C,D,E,G | $400 -$600 | A,C,D,E,G | $700 -$1000 |
A.C.A 20-61-203 Penalties "Arkansas Catfish Marketing Act" Any violation of this subchapter shall be assessed by the State Plant Board a civil penalty. The director is authorized to seek an injunction for a violation of A.C.A 20-61-203. | Major | A,C,D,E,G | $500 -$1000 | A,C,D,E,G | $800 -$2000 | A.,C,D,E,G | $1500 -$2500 |
A.C.A. 20-61-301 "Subchapter 3 - Catfish - Identification by Restaurants" Any violation of this subchapter shall be assessed by the State Plant Board a civil penalty. The director is authorized to seek an injunction for a violation of A.C.A 20-61-301. | Major | A,C,D,E,G | $50 | A,C,D,E,G | $50-$500 | A,C,D,E,G | $50-$500 |
ENFORCEMENT ACTION OPTIONS
A - Stop Use/Stop Sale
B - Warning letter
C - Civil Penalty
D - Informal Agreement
E - Board/Committee Hearing
F - Suspension of Registration
G - Injunction
209.02.12 Ark. Code R. 007