§ 2766. Administrative Penalties.
3 CA ADC § 2766Barclays Official California Code of RegulationsEffective: October 1, 2024
Effective: October 1, 2024
3 CCR § 2766
§ 2766. Administrative Penalties.
(a) In applying Section 15071.1, the provisions of this section shall be used to determine the penalty amount for major violations. Administrative penalty amounts shall be determined based upon consideration of the following factors and shall be calculated by adding together the applicable amount from each subparagraph below:
(1) Nature of the violation, meaning the potential risk posed and the actions of the violator. Violations that pose a risk to public or animal health and safety; involve drugs, food additives, harmful substances, unapproved ingredients, or any other substance in an amount specified as being unsafe; involve voluntary or knowing concealment, misrepresentation, or fraud; or involve movement of quarantine or denial of access shall have $500 added toward the total penalty amount. Violations that do not meet the criteria specified in this subparagraph shall have $250 added toward the total penalty amount.
(2) Effect of the violation upon the effectuation of the purposes and provisions of this chapter, meaning how the violation impacted consumers. Violations that negatively impacted public or animal health and safety, defrauded consumers, or limited the ability of other companies to compete in the marketplace shall have $1,000 added toward the total penalty amount. Violations that do not meet the criteria specified in this subparagraph shall have $500 added toward the total penalty amount.
(3) Impact of the penalty on the violator, meaning the deterrent effect on future violations and deterrent effect on noncooperation. Violators that refuse to cooperate with the Department or that have been assessed an administrative penalty within the previous 36 months shall have $1,000 added toward the total penalty amount. Violations that do not meet the criteria specified in this subparagraph shall have $500 added toward the total penalty amount.
(b) Subsequent major violations of the same statutory or regulatory section of Chapter 6 (commencing with Section 14901) of Division 7 of the Food and Agricultural Code or Subchapter 2 (commencing with Section 2675) of Chapter 2 of Division 4 of Title 3 of the California Code of Regulations shall be subject to an administrative penalty in the amount of $5,000 per violation.
(c) Pursuant to Food and Agricultural Code Section 15071.3, the Department is entitled to reimbursement for reasonable attorney's fees and other related costs, including, but not limited to, investigative costs. The amount to be reimbursed shall be added to the administrative penalty amount determined by subparagraph (a) or (b).
Credits
Note: Authority cited: Sections 407, 14902 and 15071.4, Food and Agricultural Code. Reference: Sections 15071.1, 15071.3, 15071.4, 15072, 15082 and 15092, Food and Agricultural Code.
History
1. New section filed 11-4-76; effective thirtieth day thereafter (Register 76, No. 45).
2. Editorial correction of Note filed 8-17-82 (Register 82, No. 34).
3. Repealer and new section heading, section and Note filed 7-18-2024; operative 10-1-2024 (Register 2024, No. 29).
This database is current through 8/30/24 Register 2024, No. 35.
Cal. Admin. Code tit. 3, § 2766, 3 CA ADC § 2766
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