Vermont § 331 - Product deficiency; short weight

§ 331. Product deficiency; short weight

• (a) No registrant may produce, package, distribute, or possess any commercial feed, feed
  supplement, or dosage form animal health product that is short weight or deficient
  in either guaranteed ingredients or guaranteed analysis. The Secretary by rule shall
  establish permitted analytical variances that shall be used to determine whether a
  commercial feed, feed supplement, or dosage form animal health product is deficient. (b) The Secretary is authorized to assess administrative penalties for any product found
  to be short weight or deficient in guaranteed analysis. In assessing these penalties,
  the Secretary shall give consideration to the appropriateness of the penalty with
  respect to the size of the business being assessed, the gravity of the violation,
  the good faith of the registrant, and the overall history of prior violations. Administrative
  penalties shall be paid to the Secretary for deposit and use in the revolving account
  established by subsection 364(f) of this title. Penalties shall be assessed in the following manner: (1) any registrant who is found to have violated this section for a particular product
  for the first time during any calendar year shall receive an administrative penalty
  of not more than $150.00; (2) any registrant who is found to have violated this section with regard to the same
  product for the second time during the same calendar year shall receive an administrative
  penalty of not more than $300.00; and (3) any registrant who is found to have violated this section with regard to the same
  product on three or more occasions during the same calendar year shall receive an
  administrative penalty of not more than $500.00. (c) In assessing a penalty under this section, the Secretary shall issue a written notice
  of penalty to the registrant setting forth in a short and plain statement the alleged
  violation and the proposed fine. The notice shall state that the penalty will become
  final 14 days from the date the notice of penalty is issued unless the registrant
  requests a hearing before the Secretary. (d) Any registrant aggrieved by a decision of the Secretary may appeal questions of law
  to a Superior Court within 30 days of the final decision of the Secretary. The Secretary
  may enforce a final administrative penalty by filing an action in any District or
  Superior Court. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9.)