410 IAC 12-1-7 Schedule of civil penalties

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; $0 to $ 500 IC 24-6-6-3; IC 24-6-6-4; 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.