Department may use alternative enforcement actions in addition to, or instead
of, assessing a civil penalty. Alternative enforcement actions may include, but
are not limited to: a letter of advisement; a notice of violation; a stop sale,
use or removal; and license/registration revocation, suspension or denial.
In addition to any other
penalty provided by law, the Director may assess civil penalties for commission
of acts prohibited by ORS
. Civil penalties will be
assessed in accordance with the magnitude of the violation. Prohibited acts are
categorized by magnitude of violation as follows:
Category I (Major): In addition to taking
any alternative enforcement action deemed necessary to protect the public
interest, the Department will issue a civil penalty for a Category I violation.
Category I violations include:
Registering or attempting to register any product using fraudulent or deceptive
practices in an effort to evade or attempt to evade the requirement of ORS
596.100 or rules adopted
(B) Submitting false
or fraudulent applications, records, invoices or reports; and
(C) Impeding, obstructing, hindering or
otherwise preventing or attempting to prevent the Department from performing
its duties under ORS 596.100.
(b) Category II (Moderate): Prior to issuing
a civil penalty for a Category II violation, the Department will take written
alternative enforcement action and may allow a specified amount of time to take
corrective action. Failure to complete the required corrective action within
the specified time period will result in the immediate issuance of a civil
penalty. Category II violations include: making any false or misleading
representation in connection with the sale, offer for sale, or distribution of
an animal remedy, veterinary biologic or pharmaceutical.
Category III (Minor): Prior to issuing a
civil penalty for a Category III violation, the Department will take written
alternative enforcement action and will allow a specified amount of time to
take corrective action. Failure to complete the corrective action within the
specified time period may result in the immediate issuance of a civil penalty.
Category III violations include:
offering for sale, or distributing an animal remedy, veterinary biologic or
pharmaceutical product that is not registered with the State Department of
Agriculture under ORS
(B) Failing, refusing, or neglecting to pay
registration fees required under ORS
Maximum civil penalties are
not to exceed the following:
Category - 1st Violation - 2nd Violation - 3rd Violation.
Category I (Major) - $500 - $1,500 - $2,500.
Category II (Moderate) $250 - $750 - $2,500.
Category III (Minor) - $125 - $375 - $2,500.
(4) A civil penalty assessed under ORS
596.995 may be remitted or
reduced upon such terms and conditions as the Director of Agriculture deems
proper and consistent with public health and safety.
(5) Any violation that arises from gross
negligence or willful misconduct and results in substantial harm to human
health or the environment may be subject to a civil penalty of not more than
$2,500 for the initial violation or any subsequent violation. In the context of
the acts prohibited in this section, "refusing" constitutes willful misconduct
that is subject to a civil penalty of not more then $2,500 for the initial
violation or any subsequent violation.