§ 331 - Product deficiency; short weight - Vermont Statutes

§ 331. Product deficiency; short weight

(a) No registrant may produce, package, distribute or possess any commercial feed which is short weight or deficient in either guaranteed ingredients or guaranteed analysis. The secretary by rule shall establish permitted analytical variances which shall be used to determine whether a commercial feed is deficient.

(b) The secretary is authorized to assess administrative penalties for any product found to be short weight or deficient in guaranteed analysis. In assessing these penalties, the secretary shall give consideration to the appropriateness of the penalty with respect to the size of the business being assessed, the gravity of the violation, the good faith of the registrant and the overall history of prior violations. Administrative penalties shall be paid to the secretary for deposit and use in the revolving account established by section 364(e) of this title. Penalties shall be assessed in the following manner:

(1) any registrant who is found to have violated this section for a particular product for the first time during any calendar year shall receive an administrative penalty of not more than $150.00;

(2) any registrant who is found to have violated this section with regard to the same product for the second time during the same calendar year shall receive an administrative penalty of not more than $300.00; and

(3) any registrant who is found to have violated this section with regard to the same product on three or more occasions during the same calendar year shall receive an administrative penalty of not more than $500.00.

(c) In assessing a penalty under this section, the secretary shall issue a written notice of penalty to the registrant setting forth in a short and plain statement, the alleged violation and the proposed fine. The notice shall state that the penalty will become final 14 days from the date the notice of penalty is issued unless the registrant requests a hearing before the secretary.

(d) Any registrant aggrieved by a decision of the secretary may appeal questions of law to a superior court within 30 days of the final decision of the secretary. The secretary may enforce a final administrative penalty by filing an action in any district or superior court. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)