Schedule for penalty amounts; criteria; rules.

Checkout our iOS App for a better way to browser and research.


(2) In imposing the penalty pursuant to the schedule authorized by this section, the Director of Agriculture shall consider the following factors:

(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes, rules or orders pertaining to pesticide application, sale or labeling.

(c) The gravity and magnitude of the violation.

(d) Whether the violation was repeated or continuous.

(e) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.

(f) The violator’s cooperativeness and efforts to correct the violation.

(g) The immediacy and extent to which the violation threatens the public health or safety. [1989 c.943 §5]


Download our app to see the most-to-date content.