1. (a) Under the preceding Arkansas Codes, the Department of Agriculture has several options for enforcement action.

2. (b) These are:

   1. (1)

      1. (A) Warning letter.
      2. (B)

3. (i) For a Level 1 violation, first level of enforcement violations, the Department of Agriculture will issue a notice of warning (NOW) letter.

   1. (ii) The letter will cite the specific violation.

      1. (iii) The letter will also identify any corrective action that may be needed and notify the respondent that further violations will result in more severe enforcement action;

   2. (2)

      1. (A) Stop use/stop sale.
      2. (B) The use or sale of contaminated covered produce, practices that will pose a significant risk to human health and/or safety, or at the request of the United States Food and Drug Administration, etc., will remain in effect until the violation is corrected;

   3. (3)

      1. (A) Informal agreement.

      2. (B)

         1. (i) When a violation has been alleged, the respondent has the option of an informal hearing or a State Plant Board/Food Safety Committee hearing.
         2. (ii) The purpose of the informal hearing is to resolve a complaint or incident.

      3. (C)

         1. (i) A hearing officer will meet jointly with the respondent and the Department of Agriculture staff.
         2. (ii) The group will seek consensus on an appropriate enforcement action for recommendation to the board.
         3. (iii) Enforcement action based on the Penalty Matrix, Appendix A, will include civil penalty and/or further legal action.
      4. (D) The full board acts on all recommendations resulting from the informal hearing.
      5. (E) Excluding Level 3 violations;

   4. (4)

      1. (A) Board/committee hearing.
      2. (B) If the respondent chooses to bypass the informal agreement process, or if an agreement cannot be reached during the informal hearing, a hearing will be held by the committee.
      3. (C) Enforcement action will include civil penalty and/or further legal action.

      4. (D)

         1. (i) Following the committee hearing, a written finding of fact, conclusion of law, and recommendation will be submitted to the board.
         2. (ii) The board will act on all recommendations of the committee;

   5. (5)

      1. (A) Injunction.
      2. (B) The board may apply for an injunction to any court of competent jurisdiction for violations of the Produce Safety Law.
      3. (C) The court, upon hearing and for cause, has the option of a temporary or permanent injunction restraining any person from violating any provisions of the Arkansas Produce Safety Law and rules; and

   6. (6)

      1. (A) Referral to the prosecuting attorney.
      2. (B) The board has the option of referring violations of the Arkansas Produce Safety Law to the prosecuting attorney.

Codification Notes: The reference to the Arkansas Produce Safety Law in this section includes the Arkansas Plant Act of 1917, Arkansas Code § 2-16-201 et seq., and the Arkansas Emergency Plant Act of 1921, Arkansas Code § 2-16-301 et seq.