Kan. Admin. Regs. § 4-16-302 - Amount of civil penalty
(a) A separate
civil penalty shall be assessed for each violation of any provision of the
Kansas meat and poultry inspection act or any implementing regulation that
results from each independent act or failure to act by any person or the
person's agent or employee. In determining whether a given violation is
independent of and substantially distinguishable from any other violation for
the purpose of assessing separate civil penalties, consideration shall be given
to whether each violation requires an element of proof not required by another
violation. If several violations require the same elements of proof and are not
distinguishable, assessment of separate civil penalties shall be within the
discretion of the secretary or the secretary's authorized representative.
(b) For each violation, the amount
of the civil penalty shall be within the following ranges:
(1) For each violation of
K.S.A.
65-6a34 or
K.S.A.
65-6a41, and amendments thereto, or any
regulations implementing these statutes, the civil penalty shall be not less
than $100 and not more than $1,000.
(2) For each violation of
K.S.A.
65-6a22,
K.S.A.
65-6a24,
K.S.A.
65-6a25,
K.S.A.
65-6a27(a),
K.S.A.
65-6a29,
K.S.A.
65-6a31, or
K.S.A.
65-6a32, and amendments thereto, or any
regulations implementing these statutes, the civil penalty shall be not less
than $100 and not more than $2,500.
(3) For each violation of
K.S.A.
65-6a20,
K.S.A.
65-6a21,
K.S.A.
65-6a23,
K.S.A.
65-6a27(b),
65-6a28, or
K.S.A.
65-6a33, and amendments thereto, or any
regulations implementing these statutes, the civil penalty shall be not less
than $100 and not more than $5,000.
(c) For the second or each subsequent
occurrence of a violation within a three-year period for which a civil penalty
has been assessed, the civil penalty assessed for the subsequent violation
shall be not less than double the amount of the civil penalty assessed for the
original violation but not more than the maximum amount for the category
listed.
Notes
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