ARM 4.12.403. CIVIL PENALTY DETERMINATION

(1) Each violation set forth in this rule is a separate offense. Each offense is subject to a civil penalty not to exceed $1,000. (2) The penalty matrix in this rule establishes the penalty amount for initial and subsequent offenses. The penalty amount for subsequent violations may be increased as shown in the penalty matrix for second and third violations but only if the subsequent violation occurs within two years of the preceding violation and the charged person was notified of the preceding violation and had an opportunity to remedy the violation or to exercise an appeal. (3) Penalty amounts shown in the matrix may be decreased or increased depending upon the significance or gravity of the violation, the degree of care exercised by the offender, and the actual or potential adverse impact or effects on animals or humans. (4) Where a penalty is assessed under (5) (z) for reoccurrence of a violation within two years, where the violation upon initial occurrence was determined to be nonsignificant and not subject to a civil penalty, the two year period will start on the date that the preceding violation occurred. (5) Penalty matrix in dollars: Initial Violation Second Violation Subsequent Violations (a) manufacture a commercial feed that is misbranded, technical violation $250 $500 $1,000 (b) manufacture a commercial feed that is misbranded, resulting in harm or having potential for harm 500 1,000 1,000 (c) manufacture a commercial feed that is adulterated, technical violation 500 1,000 1,000 (d) manufacture a commercial feed that is adulterated, resulting in harm or having potential for harm 1,000 1,000 1,000 (e) misbrand a commercial feed, technical violation 250 500 1,000 (f) misbrand a commercial feed, resulting in harm or potential for harm 500 1,000 1,000 (g) adulterate a feed, technical violation 500 1,000 1,000 (h) adulterate a feed, resulting in harm or potential for harm 1,000 1,000 1,000 (i) distribute misbranded feed, technical violation 50 100 250 (j) distribute misbranded feed, resulting in harm or potential for harm 100 250 500 (k) distribute adulterated feed, technical violation $100 $250 $500 (l) distribute adulterated feed, resulting in harm or potential for harm 250 500 1,000 (m) fail to obtain license 100 250 500 (n) fail to pay inspection fees 500 1,000 1,000 (o) fail to register pet or specialty pet food 500 1,000 1,000 (p) distribute pet or specialty pet feed that is not registered 50 100 250 (q) distribute pet or specialty pet feed for which registration was refused or cancelled 1,000 1,000 1,000 (r) fail to file annual statement 100 250 500 (s) fail to keep records of distribution or tonnage records 100 250 500 (t) fail to submit list of feed products, labels, labeling, promotional material, claim, analytical method, or data upon request 250 500 1,000 (u) submit false information on application for licensing or registration 100 250 500 (v) knowingly feed adulterated feed to animals intended for human consumption or that produce commodities for human consumption 1,000 1,000 1,000 (w) violate an embargo order 1,000 1,000 1,000 (x) fail to comply with an order 500 1,000 1,000 (y) fail to comply with rules 100 500 1,000 (z) reoccurrence of a nonsignificant violation Warning 200 500