Guidelines for Imposing Administrative Penalties

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NO.:RULE TITLE:

5K-10.005Guidelines for Imposing Administrative Penalties

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 48 No. 21, February 1, 2022 issue of the Florida Administrative Register.

5K-10.005 Guidelines for Imposing Administrative Penalties.

(1)through (8) No changes.

(9) Penalties.

(a)Minor Violation. Any Department investigation or inspection which reveals violations of this rule chapter in which the Department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a Notice of Non-Compliance as the Department’s first response to the violation. For the purposes of this rule, the following violations shall be considered minor and shall result in the issuance of a notice of noncompliance:

1.through 5. No changes.

6.Violations of the labeling requirements found in 21 CFR 101, as adopted by reference in 5K-10.006(6)(a), F.A.C.

7.No changes.

8.Repeat violations of 5K-10.006, F.A.C. as found on consecutive inspections.

(b)Major Violations. Any violation of Chapter 502, F.S., or this rule chapter that may result in economic or physical harm to a person or may adversely affect the public health, safety, or welfare or creates a significant threat of such harm shall be considered a major violation.

1.Tier I major violations. Tier 1 major violations shall result in the issuance of a stop-sale order, stop-use order, permit suspension.  For the purposes of this rule, the following violations shall be considered Tier I violations:

a.through g. No changes.

h.   Violations of labeling requirements found in 21 CFR 101, as adopted by reference in 5K-10.006(6)(a), F.A.C., that could result in economic or physical harm to a person or may adversely affect public health, safety, or welfare or create a significant threat as determined by the Department.

i.     through l. No changes.

m.Violation of Rule 5K-10.004(1) 9 and/or Rule 5K-10.004(2) 17.

2.through 3. No changes.

(10) No changes.

Rulemaking Authority 500.09, 502.014, 570.07(23), 570.971(5), FS. Law Implemented  500.172, 502.014, 502.053, 502.091, 502.121, 502.231, FS. History–New.