In determining the amount of civil penalty, the gravity of the violation shall be considered by the secretary or the secretary's designee. Factors to be considered shall include the following: (a) The potential of the act to injure or endanger the health of any consumer, or the general public;

1. (b) the severity of actual or potential injuries;
2. (c) the respondent's history of compliance with the Kansas meat and poultry inspection act and the implementing regulations;
3. (d) any action taken by the respondent to remedy the specific violation or to mitigate any adverse effects that were the result of the violation; and
4. (e) specification of whether or not the violation involved any adulterated article, misrepresentation, or fraud.

(Authorized by K.S.A. 2007 Supp. 65-6a44; implementing K.S.A. 2007 Supp. 65-6a56; effective July 1, 1992; amended July 18, 2008.)