Ga. Comp. R. & Regs. R. 40-7-18-.13 - Civil Penalties
(1)
A food processing plant that fails to comply with the testing regiment as
specified under
40-7-18-.06 or Written Food Safety
Plan as specified under paragraph (1) and (2) of this section;
(A) Shall be imposed a fine not to exceed
$5,000.00 for each violation.
(B)
An imposition of a $7,500.00 civil penalty for any food processing plant that
knowingly fails to comply.
(C) In
addition to such civil penalties, within 30 days of the determination by the
Commissioner that such violation has occurred, such food processing plant shall
submit to the Commissioner a Written Plan as specified under paragraph (2) of
this section.
(2) Any
person who knowingly fails to make the report required by section
40-7-18-.07 of this Chapter shall be
guilty of a misdemeanor. The punishment shall be supplemental to any other
applicable provisions of law.
(3)
Any person who knowingly violates record keeping as required by section
40-7-18-.08 shall be guilty of a
misdemeanor. The punishment shall be supplemental to any other applicable
provisions of law.
(4) Any person
who knowingly introduces into commerce finished foods or finished food
ingredients as manufactured at a food processing plant knowing that it contains
a substance that would cause a manufactured food bearing or containing the same
to be adulterated with the presence of poisonous or deleterious substances or
other contaminates shall be guilty of a felony, and, upon conviction, shall be
punished by imprisonment for not less than one nor more than 20 years, a fine
not to exceed $20,000.00, or both. The punishment shall be supplemental to any
other applicable provisions of law.
(5) Each day a violation continues after the
violation has been documented by the Department shall be considered a separate
violation.
(6) Such penalties shall
be subject to review in the manner prescribed by the Department's
Administrative Rules of Practice and Procedure Rules 40-1-2.
Notes
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