Rename the chapter title; update ASTM International specifications for recycled and non-recycled antifreeze products; add quality specifications provisions allowing for specialty applications, such as mini-bike racing, that do not permit the use of ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Standards

RULE NOS.:RULE TITLES:

5F-10.001Standards

5F-10.0015 Registration

5F-10.003Guidelines for Imposing Administrative Penalties

PURPOSE AND EFFECT: Rename the chapter title; update ASTM International specifications for recycled and non-recycled antifreeze products; add quality specifications provisions allowing for specialty applications, such as mini-bike racing, that do not permit the use of coolants with contents of 50 percent or more glycol and as a result, do not meet the freezing point minimum requirements for glycol-based coolants containing 50% or more glycol; define dilution procedures used during testing; adopt quality specifications for coolant products made from 1,3-Propanediol (a different engine coolant base material than in conventional glycol-based products); adopt quality specifications for coolant products made from Glycerin (a different engine coolant base material than in conventional glycol-based products) designed for light duty applications; adopt quality specifications for coolant products containing low silicate levels designed for heavy duty applications; adopt quality specifications for coolant products designed for heavy duty applications; adopt quality specifications for coolant products made from 1,3-Propanediol (a different engine coolant base material than in conventional glycol-based products) designed for heavy duty applications; adopt quality specifications for coolant products made from Glycerin (a different engine coolant base material than in conventional glycol-based products) designed for heavy duty applications; define the term ‘motor vehicle’ to clarify this rule chapter does not only apply to engines with coolant systems operating on roads or highways; reference where readers may obtain and/or view a copy of the specifications adopted in this rule; reference all forms used in the stoppage of sale of substandard antifreeze products and subsequent release of said products after proper remedy; further clarify procedures for the registration of antifreeze products intended for distribution in this state. In addition, reference forms used for the application for and granting of registration of said products; and establish a penalty structure consistent with others established within the department.

SUMMARY: The changes proposed herein update adopted ASTM International specifications for recycled and non-recycled antifreeze products; add quality specification provisions allowing for specialty applications, such as mini-bike racing, that do not permit the use of coolants with contents of 50 percent or more glycol and as a result, do not meet the freezing point minimum requirements for glycol-based coolants containing 50% or more glycol; define dilution procedures used during testing; adopt quality specifications for coolant products made from 1,3-Propanediol (a different engine coolant base material than in conventional glycol-based products); adopt quality specifications for coolant products made from Glycerin (a different engine coolant base material than in conventional glycol-based products); adopt quality specifications for coolant products containing low silicate levels designed for heavy duty applications; adopt quality specifications for coolant products designed for heavy duty applications; adopt quality specifications for coolant products made from 1,3-Propanediol (a different engine coolant base material than in conventional glycol-based products) designed for heavy duty applications; adopt quality specifications for coolant products made from Glycerin (a different engine coolant base material than in conventional glycol-based products) designed for light duty applications; define the term ‘motor vehicle’ to clarify this rule chapter does not only apply to engines with coolant systems operating on roads or highways; reference where readers may obtain and/or view a copy of the specifications adopted in this Rule; reference all forms used in the stoppage of sale of substandard antifreeze products and subsequent release of said products after proper remedy; further clarify procedures for the registration of antifreeze products intended for distribution in this state; reference forms used for the application for and granting of registration of said products; and establish a penalty structure consistent with others established within the department.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 501.921, 570.07(23) FS.

LAW IMPLEMENTED: 501.912, 501.913, 501.919, 501.921, 501.922 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Matthew D. Curran, Ph.D., Chief, Bureau of Standards, 3125 Conner Blvd., Lab #2, Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Chapter 5F-10

Antifreeze Specifications and Standards

 

5F-10.001 Standards.

(1) The performance specifications and standards for all non-recycled antifreeze products are hereby incorporated by reference: ASTM International Designation D3306-11 D 3306-05, “Standard Specification for Glycol Base Engine Coolant for Automobile and Light-Duty Light Duty Service,” (approved October 1, 2005)., with the following exceptions:

(a) Products, as defined in Section 501.912, F.S., that are specifically designed for applications (according to the manufacturer) that prohibit the use of glycol, or contents of 50 percent or more, in the engine coolant system may have a freezing point higher (and consequent boiling point lower) than that required by this section, so long as all of the following conditions are met. All other product quality specification listed in this subsection must be met.

1. Proof of the prohibition to use glycol or mixtures containing 50 percent or more in the applicable engine coolant systems must be provided to the department.

2. A statement must be printed on the front label of the bottle in a conspicuous font indicating the maximum freezing point (and minimum boiling point, if affected by the reduction of glycol in the mixture and does not meet the specifications required by this section) of the product and the intended applications for its use.

3. The following statement (or similar definitive equivalent statement as approved by the department) must be printed on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. THE FREEZING POINT DOES NOT MEET THE MINIMUM REQUIREMENTS FOR ALL GENERAL AUTOMOTIVE APPLICATIONS. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

4. The words “antifreeze” or the like, as defined in Section 501.912, F.S., may not be used on any label affixed to the bottle if there is less than ten percent glycol present in the product.

(b) All dilutions performed for testing as required by ASTM International designations adopted in this rule shall be performed as follows:

1. Measure the required volume of engine coolant or antirust into a graduated cylinder; Class B or better.

2. Add water of the type to be used for the test to volume, accurately. If the mark is overshot, the dilution must be discarded and the process started again.

3. Mix the contents of the flask by inverting several times, taking care to avoid loss of solution through the stopper. If loss occurs through the stopper, the dilution must be discarded and started again.

4. The test concentration shall be expressed as the ratio of the initial volume of the product to the final volume of the mixture of the product and water, both measured at 20 °C.

(c) 1,3-Propanediol base engine coolants for automobile and light-duty service: the performance specifications and standards for 1,3 Propanediol base engine coolants for automobile and light-duty service are hereby incorporated by reference: ASTM International Designation D7518-10, “Standard Specification for 1,3 Propanediol (PDO) Base Engine Coolant for Automobile and Light-Duty Service.” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration.

1. A statement must be printed on the front label of the bottle in a conspicuous font indicating the product is only for systems compatible with 1,3-Propanediol base engine coolants.

2. The following statement (or similar definitive equivalent statement as approved by the department) must be printed on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS 1,3-PROPANEDIOL AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

(d) Glycerin base engine coolants for automobile and light-duty service: the performance specifications and standards for Glycerin base engine coolants for automobile and light-duty service are hereby incorporated by reference: ASTM International Designation D7714-11, “Standard Specification for Glycerin Base Engine Coolant for Automobile and Light-Duty Service.” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration.

1. A statement must be printed on the front label of the bottle in a conspicuous font indicating the product is only for systems compatible with Glycerin base engine coolants.

2. The following statement (or similar definitive equivalent statement as approved by the department) must be printed on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS GLYCERIN AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

(e) Low silicate ethylene glycol base engine coolants for heavy-duty engines: the performance specifications and standards for all low silicate ethylene glycol base engine coolants for heavy-duty applications are hereby incorporated by reference: ASTM International Designation D4985-10, “Standard Specification for Low Silicate Ethylene Glycol Base Engine Coolant for Heavy Duty Engines Requiring a Pre-Charge of Supplemental Coolant Additive (SCA),” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration. The following statement (or similar definitive equivalent statement as approved by the department) must be printed on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT IS DESIGNED FOR HEAVY-DUTY APPLICATIONS AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

(f) Glycol base engine coolants for heavy-duty engines: the performance specifications and standards for glycol base engine coolants for heavy-duty engines are hereby incorporated by reference: ASTM International Designation D6210-10, “Standard Specification for Fully-Formulated Glycol Base Engine Coolant for Heavy-Duty Engines.” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration. The following statement (or similar definitive equivalent statement as approved by the department) must be printed on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT IS DESIGNED FOR HEAVY-DUTY APPLICATIONS AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

(g) 1,3-Propanediol base engine coolants for heavy-duty engines: the performance specifications and standards for 1,3-Propanediol base engine coolants for heavy-duty engines are hereby incorporated by reference: ASTM International Designation D7517-09, “Standard Specification for Fully-Formulated 1,3 Propanediol (PDO) Base Engine Coolant for Heavy-Duty Engines.” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration.

1. A statement must be printed on the front label of the bottle in a conspicuous font indicating the product is only for heavy-duty systems compatible with 1,3 propanediol base engine coolants.

2. The following statement (or similar definitive equivalent statement as approved by the department) must be printed on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS 1,3-PROPANEDIOL AND IS DESIGNED FOR HEAVY-DUTY APPLICATIONS AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

(h) Glycerin base engine coolants for heavy-duty engines: the performance specification and standards for Glycerin base engine coolants for heavy-duty engines are hereby incorporated by reference: ASTM International Designation D7715-12, “Standard Specification for Fully-Formulated Glycerin Base Engine Coolant for Heavy-Duty Engines.” Products intended to meet this specification must be declared on the application by the registrant upon submission of the application for registration.

1. A statement must be printed on the front label of the bottle in a conspicuous font indicating the product is only for heavy-duty systems compatible with Glycerin base engine coolants.

2. The following statement (or similar definitive equivalent statement as approved by the department) must be printed on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS GLYCERIN AND IS DESIGNED FOR HEAVY-DUTY APPLICATIONS AND MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

(2) The performance specifications and standards for all recycled antifreeze products are hereby incorporated by reference: ASTM International Designation D6471-10 D6471-06, “Standard Specification for Recycled Prediluted Aqueous Glycol Base Engine Coolant (50 Volume % Minimum) for Automobile and Light-Duty Light Duty Service,” (approved June 1, 2006) and ASTM International Designation D6472-10 D6472-06, “Standard Specification for Recycled Glycol Base Engine Coolant Concentrate for Automobile and Light-Duty Light Duty Service,” (approved May 1, 2006).

(3) The term “motor vehicle” shall mean any device that uses an internal combustion engine as its means of power. This shall include stationary and mobile devices that are used on or off-road. Specifically, this definition is not restricted to passenger or transportation vehicles only. Copies of these documents may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or http://www.astm.org.

(4) Materials. Copies of the ASTM International designations referenced in this rule may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or at http://www.astm.org, and are also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Bureau of Standards, 3125 Conner Boulevard, Tallahassee, FL 32399-1650. Posting of the preceding materials on the internet for purposes of public examination would violate federal copyright law.

(5) In accordance with Section 501.919, F.S., any lot of antifreeze (including products falling under the exceptions in section 1 of this rule) that fails to meet applicable standards, as adopted in this rule, shall be placed under stop sale order by the department using FDACS-03206, Stop Sale Order, Rev. 12/12, and FDACS-03537, “Warning” tag, Rev. 08/12, prohibiting the sale of the antifreeze. Upon resolution of the violation, the lot of antifreeze shall be released by the department. The documents referenced in this subsection are incorporated by reference in Rule 5F-2.001, F.A.C.

Rulemaking Specific Authority 501.921, 570.07(23) FS. Law Implemented 501.913, 501.917, 501.921 FS. History–New 10-6-93, Amended 7-5-95, 12-9-98, 6-25-00, 10-22-01, 12-9-02, 12-7-04, 2-5-07,________.

 

5F-10.0015 Registration.

(1) In accordance with Section 501.913, F.S., each brand of antifreeze to be distributed in this state shall be registered annually with the department prior to distribution and registrant shall make application on FDACS-03211, Application for Registration of Antifreeze, Rev. 10/12, hereby incorporated by reference, no later than July 1 of each year. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference__________. Application shall be made by the manufacturer, packager, or the person whose name appears on the label.

(a) A “manufacturer” is the company or business entity producing the antifreeze.

(b) A “packager” is the company or business entity that packages the antifreeze in sealed, unbroken packages.

(c) A “person whose name appears on the label” is the name of the company or business printed on the antifreeze package label, front and/or back.

(2) The department shall register a brand of antifreeze authorizing the distribution of the specified antifreeze brand in the state for the specified permit year if the registration reqirements are met, pursuant to Section 501.913, F.S., and this rule chapter.

(3) In accordance with Section 501.919, F.S., any brand of antifreeze distributed in this state that fails to meet applicable registration requirements shall be placed under stop sale order by the department using FDACS-03206, Stop Sale Order, Rev. 12/12, and FDACS-03537, “Warning” tag, Rev. 08/12, prohibiting the distribution of the antifreeze brand. Upon resolution of the violation, the lot of antifreeze shall be released by the department. The documents referenced in this subsection are incorporated by reference in Rule 5F-2.001, F.A.C.

(4) In accordance with Section 501.918(1), F.S., any unregistered brand of antifreeze (including cooling products falling under the exceptions in section 1 of this rule) that was registered in the immediately preceding registration period and has not been or is not currently in the process of being renewed shall be disposed of within 90 days of registration expiration. Disposal shall be the responsibility of the registrant and in a manner as prescribed below. If the product has been placed under stop sale order by the department, it must be released by the department prior to the execution of any disposal method.

1. Removal of all such unregistered antifreeze from this state, not to be distributed again in this state unless successful registration has been completed, or;

2. Donation of product to a non-profit organization for consumption so long as all donated product meets all specifications for quality, adulteration, and labeling for antifreeze products, as prescribed in Chapter 501, Part V, F.S., and this rule, or:

3. Other means approved in writing by the department.

Rulemaking Authority 501.913, 570.07(23) FS. Law Implemented 501.913, 501.918,501.919, FS. History–New________.

 

5F-10.003 Guidelines for Imposing Administrative Penalties.

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Chapter 501, Part V, F.S.. The purpose of the guidelines is to give notice of the range of penalties, which normally will be imposed for a single violation within a three-year period. The three-year period shall be based on the date of issuance of the stop sale order. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum of $1,000 per violation for a first-time offender or $5,000 per violation for second-time or subsequent offender, or for a willful and intentional violation. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Chapter 501, Part V, F.S., and this rule chapter by issuing a stop sale order and administrative complaint, if applicable, for violations of Chapter 501, Part V, F.S., and this rule chapter.

(3) Nothing in this chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule chapter shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule chapter, the penalty will be determined by consideration of:

1. The closest analogous violation, if any, that is listed in this rule; and

2. The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 501, Part V, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

1. The violation caused or has the potential to cause harm to a person or property and the degree or extent of such harm.

2. The violation endangered the public safety or welfare.

3. Previous violations for the same or a similar offense that resulted in enforcement action.

4. The length of time the business has been in operation and the violation history over the past three years.

5. The violation existed for an extended period of time.

6. The violation was repeated within a short period of time.

7. The violator impeded, or otherwise failed to cooperate with, the department’s inspection and/or investigation.

8. Previous disciplinary action against the violator in this or any other jurisdiction and the deterrent effect of the penalty imposed.

9. Undue delay in initiating or completing, or failure to take, affirmative or corrective action after receipt of the stop sale order for the violation.

10. Whether the violation resulted from negligence or an intentional act.

11. The cost of enforcement action.

12. The number of other violations proven in the same proceeding.

13. The benefit to the violator.

(b) Mitigating Factors:

1. Any documented efforts by the violator at rehabilitation.

2. Whether intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Financial hardship.

4. Acts of God or nature that impaired the ability of the violator to comply with Chapter 501, Part V, Florida Statutes, or Rule Chapter 5F-10, F.A.C.

5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

6. The violator expeditiously took affirmative or corrective action after it received written notification of the violation, including costs incurred by the violator for rectifying any damage or harm to consumers vehicles and/or property.

7. The number and seriousness of the counts in the administrative complaint.

8. The disciplinary history of the violator.

9. If a repeat violation, whether three years has passed since the prior violation.

10. A statement, in writing, provided to the department during an investigation declaring acceptance of responsibility for a violation.

(6) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(7) In addition to the penalties established in this rule, the department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the department.

(8) Penalties.

(a) Minor Violations. A violation of Chapter 501, Part V, F.S., or this rule chapter is a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Minor violations shall result in the issuance of a stop sale order. If a third stop sale order is issued within a three year period and in accordance with Section 525.16(1)(b), F.S., a $500 penalty shall be issued. An additional penalty of $500 shall be issued for each stop sale order issued for independent events thereafter. For the purposes of this rule, violations of Section 501.918 (5), (6), (7), or (8), F.S., shall be considered minor violations.

(b) Major Violations. Any violation of a Chapter 501, Part V, F.S., or this rule chapter that results in economic or physical harm to a person or adversely affects the public health, safety, or welfare or creates a significant threat of such harm. Major violations shall result in the issuance of a stop sale order and imposition of an administrative fine of $500 per violation, for first-time offenders of Chapter 501, Part V, F.S., and/or Rule Chapter 5F-10, F.A.C. within a three-year period. An additional $500, shall be issued for each subsequent violation thereafter, within a three-year period, not to exceed the statutory maximum of $5,000, per violation, for second-time or repeat offenders of Chapter 501, Part V, F.S., and/or Rule Chapter 5F-10, F.A.C. Aggravating factors, as defined in paragraph (5)(a) of this section, shall warrant the adjustment of the fine upward and mitigating factors, as defined in paragraph (5)(b) of this section, shall warrant the adjustment of the fine downward, but no fine shall exceed the statutory maxima as outlined in Section 501.922(1)(b), F.S. If, three years after the day of issuance of the last stop sale order for a violation under this rule, no new violation has occurred pertaining to the specific brand of antifreeze, all previous fines shall be disregarded when administering a fine for the next violation. Pursuant to Section 501.922, F.S., the department may also revoke or suspend a registration for a major violation, but not for more than one year. In addition, the department may also revoke or suspend a registration for an unpaid fine and until such time that the fine has been paid. For the purposes of this rule, the following violations shall be considered major violations:

1. Violations of Section 501.916, F.S.

2. Violations of Section 501.918(1), (2), (3), (4) or (9), F.S.

3. Repeat violations of Section 501.918(5), (6), (7) or (8), F.S.

4. Violations of Rule 5F-10.001, F.A.C.

5. Violations of Rule 5F-10.0015, F.A.C. If a complete registration package has been received by the department within 30 calendar days from the date of the stop sale order, the fine shall be mitigated to a warning letter for a first time violation by a registrant and said registrant has never registered applicable products in this state prior. Subsequent violations by same registrant for any brand within a three-year period shall not be mitigated under these provisions.

(c) Willful Violations. Willful violations shall result in the imposition of an administrative fine of up to $5,000 per violation; suspension of registration for a period of one year; and/or additional penalties as prescribed by law. The following shall constitute a willful violation:

1. Any willful and intentional violation of Chapter 501, Part V, F.S., or this rule chapter or of any requirement or standard adopted pursuant thereto, not otherwise included in this section.

2. Any willful and intentional violation of a stop sale order or the conditions stipulated on a release.

3. A failure to comply with either a Final Order or a Default Final Order of the department.

(9) Resolution of Violations, Settlement, and Additional Enforcement Remedies.

(a) The department and person(s) charged with a violation may agree to resolve violations prior to an administrative hearing or enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule chapter shall not be construed to limit the authority of the department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or Chapter 501, Part V, F.S.

(b) Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation. The department may impose administrative fines in a Default Final Order equal to the maximum amount possible, not to exceed $5,000 per violation.

(c) A failure to comply with either a Final Order or a Default Final Order of the department shall result in any applicable registration revocation and an administrative fine of $5,000 per violation. Additional penalties shall be sought through the enforcement of the order in circuit court.

Rulemaking Authority 501.922, 570.07(23) FS. Law Implemented 501.913, 501.918, 501.919, 501.922 FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Matthew D. Curran, Ph.D., Chief, Bureau of Standards

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 27, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 19, 2013