Assessment of Administrative Penalties

PURPOSE: This rule defines the terms and/or conditions under which an administrative penalty can be assessed by the director upon a violator under section 266.212(1), RSMo. (1) The director may assess an administrative penalty, not to exceed one thousand dollars ($1,000) for each serious violation, upon a person under authority of section 266.212, RSMo. An order assessing the administrative penalty shall state the statute under which the penalty is being sought, the manner of collection, and the right of appeal. (2) A serious violation is defined as, but is not necessarily limited to, the following conditions: (A) The manufacturing or distributing of any adulterated or misbranded commercial feed that is hazardous to the health and well being of animals and/or humans, within the meaning of sections 266.175 and 266.180, RSMo; (B) Excessive and/or repeated failures to meet labeling guarantees when such failures would create adverse economic impact to the purchaser of the feed; or (C) The removal, sale, or distribution of any commercial feed placed under a “Withdrawal from Distribution Order” without permission of the director or an authorized representative. (3) Upon determination of a serious violation, an official compliance letter shall be sent to the person containing a description of the serious violation and a notification that if the violation has not been corrected within the ninety- (90-) day compliance period, an order assessing an administrative penalty may be issued. (4) An administrative penalty, not to exceed one thousand ($1,000) dollars per serious violation, will be ordered by the director based on the following factors: (A) The level of adulteration or misbranding, within the meaning of sections 266.175 and 266.180, RSMo; (B) The degree of resulting physical injury, loss of health, or death to animals and/or humans; (C) The degree of adverse economic impact to the purchaser caused by the violation; and/or (D) The overall compliance record of the person. AUTHORITY: section 266.195, RSMo 2000.* Original rule filed Nov. 17, 1997, effective June 30, 1998. Amended: Filed March 8, 2012, effective Sept. 30, 2012. *Original authority 1972, amended 1993, 1995, 1997.