Section 410 IAC 12-1-7 - Schedule of civil penaltiesAuthority: IC 16-19-7-3; IC 24-6-3-2
Affected: IC 4-21.5-3-8; IC 16-19-7; IC 16-44-2; IC 16-44-3; IC 24-6
Sec. 7.
(a) The Indiana department of health may commence an action under IC 16-19-7-3, IC 24-6-1, IC 24-6-2, IC 24-6-3, IC 24-6-4, IC 24-6-5, IC 24-6-6, or IC 4-21.5-3-8, and to levy civil penalties against a person who: (1) fails to comply with IC 24-6-3 or this rule; or(2) interferes with or obstructs the Indiana department of health or its designated agent in the performance of duties under IC 24-6-3.(b) A civil penalty in an amount in the appropriate range specified in subsection (d) may be sought for each day of each violation.(c) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the Indiana department of health will consider, but is not limited to, the following: (1) The potential for harm or imminent threat to public health.(2) The extent of deviation from statutory or regulatory requirements.(3) The degree of willfulness or negligence.(4) The history of noncompliance. The absence of direct harm will not result in assessment of a lower penalty for a violation.(d) Unless adjusted as provided for in subsection (e), all penalties shall be in accordance with the following schedule: | VIOLATION | CODE | RANGE OF PENALTY |
| Right of entry | IC 24-6-3-9 | $0 to $1,000 |
| Use of standard weights and measures | IC 24-6-3-10 | $0 to $ 500 |
| Use of false scales or measuring devices | IC 24-6-3-11 | $0 to $1,000 |
| Use of dry capacity measures | IC 24-6-3-12 | $0 to $ 200 |
| Standard weights and measures | IC 24-6-1-1 | $0 to $ 200 |
| Marking of containers | IC 24-6-6-2 IC 24-6-6-3 IC 24-6-6-4 | $0 to $ 500 |
| False representation of contents | IC 24-6-6-5 | $0 to $1,000 |
| Articles sold by weight or count | IC 24-6-4-1 | $0 to $ 200 |
| Inspection of devices | IC 24-6-3-7 | $0 to $ 500 |
| Commodity sold by count | IC 24-6-3-10 | $0 to $ 200 |
| Used containers | IC 24-6-6-6 | $0 to $ 200 |
| Failure to take tare at time of sale | IC 24-6-3-12 | $0 to $1,000 |
| Weighmaster duties | 410 IAC 12-1-6 | $0 to $1,000 |
| Specification and tolerances of devices | 410 IAC 12-1-1.1 | $0 to $1,000 |
| Packaging and labeling | 410 IAC 12-1-1.2 | $0 to $1,000 |
| Method of sale of commodities | 410 IAC 12-1-1.3 | $0 to $1,000 |
| Net content of packaged goods | 410 IAC 12-1-1.4 | $0 to $1,000 |
| National type evaluation | 410 IAC 12-1-1.5 | $0 to $1,000 |
| Use of illegal device | 410 IAC 12-1-1.1 | $0 to $1,000 |
| Split draft weighing | 410 IAC 12-1-4 | $0 to $ 500 |
| Person in vehicle during weighing | 410 IAC 12-1-5 | $0 to $500 |
(e) After determining the appropriate penalty based on the schedule in subsection (d), the Indiana department of health may adjust the penalty to reflect a good faith effort to comply with the following: (1) Each individual penalty will be multiplied by the number of days the particular violation occurred. Penalties for violations occurring on two (2) consecutive inspections by the Indiana department of health shall be assessed on the basis that the violations have remained uncorrected over the period of time between the two (2) inspections. However, if the person found in violation has requested reinspection and has produced substantive evidence that the violation or violations have been corrected, the penalties shall be assessed for the period between initial discovery of violation and the receipt of request for reinspection.(2) Penalties for all violations will be totaled and sought under one (1) cause of action.Indiana State Department of Health; 410 IAC 12-1-7; filed Jun 18, 1991, 10:10 a.m.: 14 IR 1958; filed Dec 21, 2000, 2:21 p.m.: 24 IR 1343; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; filed 7/8/2014, 2:42 p.m.: 20140806-IR-410130455FRAReadopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFAErrata filed 7/28/2021, 9:38 a.m.: 20210811-IR-410210314ACA