PURPOSE: This rule defines the terms, and/or conditions under which an administrative penalty can be assessed by the director upon a violator under section 266.212(1), RSMo.

1. (1) An administrative penalty, not to exceed one thousand dollars ($1,000) for each violation, can be assessed for serious violations by the director upon a violator under authority of section 266.212, RSMo. An order assessing the administrative penalty will state the statute under which the penalty is being sought, the manner of collection, and the right of appeal.

2. (2) A serious violation is defined as, but is not necessarily limited to, the following conditions:

   1. (A) The manufacturing or distributing of any adulterated or misbranded commercial feed that is hazardous to the health and well being of animals and/or humans, within the meaning of sections 266.175 and 266.180, RSMo;
   2. (B) Excessive and/or repeated failures to meet labeling guarantees when such failures would create adverse economic impact to the purchaser of the feed; or
   3. (C) The removal, sale, or distribution of any commercial feed placed under a “Withdrawal from Distribution Order” without permission of the director or an authorized representative.

3. (3) Upon determination of a serious violation, an official compliance letter will be sent with—

   1. (A) A description of the serious violation;
   2. (B) The suggested corrective action to be taken;
   3. (C) A notice of the right to an informal hearing; and
   4. (D) A notification that if the violation has not been corrected at the end of a ninety (90)- day compliance period, an order assessing an administrative penalty will be issued.

4. (4) The official compliance letter will not be written until the following courses of action have been taken by the director:

   1. (A) An official “Withdrawal from Distribution Order” has been sent, with description of the violation each time that the product(s) has failed to meet labeling guarantees;
   2. (B) Warning letters will be sent to the labeler with an outline of the repeated failures of product(s) to meet labeling guarantees;
   3. (C) A follow-up inspection will be made by the inspector if the labeler is within the state after each warning letter for an official sampling and label review to determine if the violating product is meeting labeling guarantees. If the labeler is out-of-state, telephone contact will be made after each warning letter to the violator;
   4. (D) If cooperation is not obtained from the feed manufacturer, guarantor, or distributor to correct the violation(s) of labeling guarantees during the courses of action, as outlined in subsection (4)(A)–(C), the violation(s) will be classified as a “serious violation,” and an official letter of compliance will be sent;
   5. (E) The warning letters and follow-up inspections, as outlined in subsections (4)(A)–(D), will not be sent or made when a determination of adulteration or misbranding, within the meaning of sections 266.175 and 266.180, RSMo has been found to be hazardous to the health and well being of animals and/or humans. An official compliance letter will be sent and an investigation will be made immediately; and
   6. (F) Warning letters and follow-up inspections, as outlined in subsections (4)(A)–(D), will not be sent or made when it is found that commercial feed has been knowingly removed, sold, or distributed while placed under a “Withdrawal from Distribution Order” by the director or an authorized representative. An official compliance letter will be sent immediately.

5. (5) An administrative penalty, not to exceed one thousand ($1,000) dollars, will be ordered by the director, based on—

   1. (A) Determination of the level of adulteration or misbranding, within the meaning of sections 266.175 and 266.180, RSMo, and the degree of resulting physical injury, loss of health, or death to animals and/or humans; or
   2. (B) Determination of the degree of the adverse economic impact to the purchaser caused by the violation; and/or
   3. (C) The overall compliance record of the commercial feed labeler.

AUTHORITY: section 266.195, RSMo Cum. Supp. 1997.* Original rule filed Nov. 17, 1997, effective June 30, 1998. *Original authority 1972, amended 1993, 1995, 1997.