Or. Admin. R. 603-012-0250 - Enforcement Guidelines

(1) The 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.

(2) In addition to any other penalty provided by law, the Director may assess civil penalties for commission of acts prohibited by ORS 596.100. Civil penalties will be assessed in accordance with the magnitude of the violation. Prohibited acts are categorized by magnitude of violation as follows:

(a) 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:

(A) 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 there-under;

(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.

(c) 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:

(A) Selling, 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 596.100; and

(B) Failing, refusing, or neglecting to pay registration fees required under ORS 596.100.

(3) 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.

Notes

Or. Admin. R. 603-012-0250

DOA 9-2016, f. & cert. ef. 4/29/2016

Stat. Auth.: ORS 561.190

Stats. Implemented: ORS 596.100 & 596.955