Rule 40-7-18-.13. Civil Penalties

1. (1) A food processing plant that fails to comply with the testing regiment as specified under 40-7-18-.06 or Written Food Safety Plan as specified under paragraph (1) and (2) of this section;

   1. (A) Shall be imposed a fine not to exceed $5,000.00 for each violation.
   2. (B) An imposition of a $7,500.00 civil penalty for any food processing plant that knowingly fails to comply.
   3. (C) In addition to such civil penalties, within 30 days of the determination by the Commissioner that such violation has occurred, such food processing plant shall submit to the Commissioner a Written Plan as specified under paragraph (2) of this section.
2. (2) Any person who knowingly fails to make the report required by section 40-7-18-.07 of this Chapter shall be guilty of a misdemeanor. The punishment shall be supplemental to any other applicable provisions of law.
3. (3) Any person who knowingly violates record keeping as required by section 40-7-18-.08 shall be guilty of a misdemeanor. The punishment shall be supplemental to any other applicable provisions of law.
4. (4) Any person who knowingly introduces into commerce finished foods or finished food ingredients as manufactured at a food processing plant knowing that it contains a substance that would cause a manufactured food bearing or containing the same to be adulterated with the presence of poisonous or deleterious substances or other contaminates shall be guilty of a felony, and, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine not to exceed $20,000.00, or both. The punishment shall be supplemental to any other applicable provisions of law.
5. (5) Each day a violation continues after the violation has been documented by the Department shall be considered a separate violation.
6. (6) Such penalties shall be subject to review in the manner prescribed by the Department's Administrative Rules of Practice and Procedure Rules 40-1-2.

Authority: O.C.G.A. § 26-2-1, et seq.

History. Original Rule entitled "Civil Penalties" adopted. F. July 7, 2011; eff. July 27, 2011.

Amended: F. Aug. 27, 2019; eff. Sept. 16, 2019.