2 Miss. Code. R. 1-3-02-112.04
Enforcement Factor Application Guidelines for Penalties
1. Factor 1- History of Firm
a. Firm has long history of
compliance
b. No history
c. Firm has had minor violations
d. Firm's history shows significant
violations or repeated minor violations
2. Factor 2- Scope of Violation
a. Very limited quantity & distribution
or single lot
b. Distribution
limited to state, one or two products
c. Large distribution area, large quantities
of products or effects large number of animals
3. Factor 3- Nature of Violation
a. Minor labeling violation, result of human
error or lack of knowledge
b.
Significant labeling misbranding violation
c. Sample analysis results deficiency or
overage
d. Contamination with
hazardous or deleterious materials
4. Factor 4- Impact of Violation
a. Minor economic impact
b. Animal safety concerns
c. Human health safety concern
5. Penalty Matrix:
Gravity Rating
| Violation Category | 1 | 2 | 3 | 4 |
| Labeling and Misbranding | Warning Letter and/or Stop Sale | Warning Letter and/or Stop Sale and/or Civil Penalty of $50-$250 | Condemnation and/or Seizure and/or Civil Penalty of $250-$500 | Formal Hearing and/or Revoke or Suspend Permit and/or Civil Penalty of $500-$1,000 |
| Adulteration Sample Analysis Results or Contamination | Warning Letter and/or Stop Sale and/or Civil Penalty of $50-$250 | Warning Letter and/or Stop Sale and or Civil Penalty of $50-$500 | Stop Sale and/or CondemnaTion and/or Seizure and/or Civil Penalty of $500-$1,000 | Formal Hearing and/or Revoke or Suspend Permit and/or CivilPenalty of $500-$1,000 |
Notes
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