Section 410IAC12-1-7. Schedule of civil penalties

   (a) The Indiana state department of health may commence an action under IC 16-19-7-3, IC 24-6-1, IC 24-6-2, IC 24-6-3, IC 24-6-4, IC 24-6-5, IC 24-6-6, or IC 4-21.5-3-8, and to levy civil penalties against a person who:

(1) fails to comply with IC 24-6-3 or this rule; or

(2) interferes with or obstructs the Indiana state department of health or its designated agent in the performance of duties under IC 24-6-3.

  (b) A civil penalty in an amount in the appropriate range specified in subsection (d) may be sought for each day of each violation.

  (c) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the Indiana state department of health will consider, but is not limited to, the following:

(1) The potential for harm or imminent threat to public health.

(2) The extent of deviation from statutory or regulatory requirements.

(3) The degree of willfulness or negligence.

(4) The history of noncompliance.

The absence of direct harm will not result in assessment of a lower penalty for a violation.

  (d) Unless adjusted as provided for in subsection (e), all penalties shall be in accordance with the following schedule:

VIOLATION	CODE	RANGE OF PENALTY
Right of entry	IC 24-6-3-9	$0 to $1,000
Use of standard weights and measures	IC 24-6-3-10	$0 to $ 500
Use of false scales or measuring devices	IC 24-6-3-11	$0 to $1,000
Use of dry capacity measures	IC 24-6-3-12	$0 to $ 200
Standard weights and measures	IC 24-6-1-1	$0 to $ 200
Marking of containers	IC 24-6-6-2	$0 to $ 500
	IC 24-6-6-3
	IC 24-6-6-4
False representation of contents	IC 24-6-6-5	$0 to $1,000
Articles sold by weight or count	IC 24-6-4-1	$0 to $ 200
Inspection of devices	IC 24-6-3-7	$0 to $ 500
Commodity sold by count	IC 24-6-3-10	$0 to $ 200
Used containers	IC 24-6-6-6	$0 to $ 200
Failure to take tare at time of sale	IC 24-6-3-12	$0 to $1,000
Weighmaster duties	410 IAC 12-1-6	$0 to $1,000
Specification and tolerances of devices	410 IAC 12-1-1.1	$0 to $1,000
Packaging and labeling	410 IAC 12-1-1.2	$0 to $1,000
Method of sale of commodities	410 IAC 12-1-1.3	$0 to $1,000
Net content of packaged goods	410 IAC 12-1-1.4	$0 to $1,000
National type evaluation	410 IAC 12-1-1.5	$0 to $1,000
Use of illegal device	410 IAC 12-1-1.1	$0 to $1,000
Split draft weighing	410 IAC 12-1-4	$0 to $ 500
Person in vehicle during weighing	410 IAC 12-1-5	$0 to $500

  (e) After determining the appropriate penalty based on the schedule in subsection (d), the Indiana state department of health may adjust the penalty to reflect a good faith effort to comply with the following:

(1) Each individual penalty will be multiplied by the number of days the particular violation occurred. Penalties for violations occurring on two (2) consecutive inspections by the Indiana state department of health shall be assessed on the basis that the violations have remained uncorrected over the period of time between the two (2) inspections. However, if the person found in violation has requested reinspection and has produced substantive evidence that the violation or violations have been corrected, the penalties shall be assessed for the period between initial discovery of violation and the receipt of request for reinspection.

(2) Penalties for all violations will be totaled and sought under one (1) cause of action.

(Indiana State Department of Health; 410 IAC 12-1-7; filed Jun 18, 1991, 10:10 a.m.: 14 IR 1958; filed Dec 21, 2000, 2:21 p.m.: 24 IR 1343; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; filed Jul 8, 2014, 2:42 p.m.: 20140806-IR-410130455FRA)