2 Miss. Code. R. 1-3-02-112.04

Current through October 31, 2024

Section 2-1-3-02-112.04

Enforcement Factor Application Guidelines for Penalties

1. Factor 1- History of Firm

a. Firm has long history of compliance

b. No history

c. Firm has had minor violations

d. Firm's history shows significant violations or repeated minor violations

2. Factor 2- Scope of Violation

a. Very limited quantity & distribution or single lot

b. Distribution limited to state, one or two products

c. Large distribution area, large quantities of products or effects large number of animals

3. Factor 3- Nature of Violation

a. Minor labeling violation, result of human error or lack of knowledge

b. Significant labeling misbranding violation

c. Sample analysis results deficiency or overage

d. Contamination with hazardous or deleterious materials

4. Factor 4- Impact of Violation

a. Minor economic impact

b. Animal safety concerns

c. Human health safety concern

5. Penalty Matrix:

Gravity Rating

Violation Category	1	2	3	4
Labeling and Misbranding	Warning Letter and/or Stop Sale	Warning Letter and/or Stop Sale and/or Civil Penalty of $50-$250	Condemnation and/or Seizure and/or Civil Penalty of $250-$500	Formal Hearing and/or Revoke or Suspend Permit and/or Civil Penalty of $500-$1,000
Adulteration Sample Analysis Results or Contamination	Warning Letter and/or Stop Sale and/or Civil Penalty of $50-$250	Warning Letter and/or Stop Sale and or Civil Penalty of $50-$500	Stop Sale and/or CondemnaTion and/or Seizure and/or Civil Penalty of $500-$1,000	Formal Hearing and/or Revoke or Suspend Permit and/or CivilPenalty of $500-$1,000

2 Miss. Code. R. 1-3-02-112.04

Miss. Code Ann. § 75-45-157.