8 CCR 1202-9 – Rules for Determining the Amount of Civil Penalties for Violation of the Farm Products Act and the Commodity Handler Act

DEPARTMENT OF AGRICULTURE Inspection and Consumer Services Division RULES FOR DETERMINING THE AMOUNT OF CIVIL PENALTIES FOR VIOLATION OF THE FARM PRODUCTS ACT AND THE COMMODITY HANDLER ACT 8 CCR 1202-9 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] Statement of Basis, Specific Statutory Authority and Purpose Adopted November 1, 2007 – Effective December 30, 2007 STATUTORY AUTHORITY:

The Commissioner of Agriculture, Colorado Department of Agriculture (CDA), proposes to repeal, pursuant to his authority in the Colorado Farm Products Act (“Act” ), § 12-16-117(1), C.R.S. and the Colorado Commodity Handler Act § 12-16-210(1), C.R.S., this permanent rule which is currently published at 8 C.C.R. 1202-9.

PURPOSE:

The purpose of repealing this rule is to:

- Replace the rule with a policy that gives specific guidance to inspectors when a violation of the Act has occurred.

- Provide inspectors with more flexibility, so they may consider all relevant factors when assessing a civil penalty.

FACTUAL AND POLICY ISSUES:

The factual and policy issues encountered in the proposal of these permanent rules are as follows:

1. Persons subject to regulation by the Act are required to comply with the provisions of the Act. Any person who commits a violation is subject to a civil penalty, up to seven hundred fifty dollars for each day of violation. Any civil penalty collected shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1- 106.5, C.R.S.

2. The current rule language is not flexible. A sound basis is needed for issuing a civil penalty, and should include all factors, which may or may not be included in a penalty table.

3. Addressing civil penalties by policy is widely practiced within the CDA. Removing this rule and creating a policy will help ensure a uniform approach to enforcement action within the CDA. ___________________________________________________ Editor’s Notes History Entire Rule eff. 12/30/2007.