Sec. 432.021. ADMINISTRATIVE PENALTY. (a) The department may assess an administrative penalty against a person who violates a rule adopted under Section 432.011 or an order adopted or license issued under this chapter.
(b) In determining the amount of the penalty, the department shall consider:
(1) the person's previous violations;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of the public;
(4) the person's demonstrated good faith; and
(5) other matters as justice may require.
(c) The penalty may not exceed $25,000 for each violation. Each day a violation continues is a separate violation.
Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1020, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act
Section 432.005. License Required
Section 432.006. License Application
Section 432.007. Issuance of License
Section 432.008. License Renewal
Section 432.0095. Processing of Food Salvage Establishment Licensing Fees
Section 432.010. Deposit of Fees
Section 432.011. Minimum Standards
Section 432.012. Powers of Department
Section 432.013. Denial, Suspension, or Revocation of License
Section 432.014. Reinstatement of License
Section 432.015. Effect of Operation in Other Jurisdiction; Reports
Section 432.016. Municipal Regulation
Section 432.017. Use of Salvage Warehouse
Section 432.018. Civil Penalty; Injunction
Section 432.019. Criminal Penalty
Section 432.020. Emergency Order
Section 432.021. Administrative Penalty
Section 432.022. Administrative Penalty Assessment Procedure
Section 432.023. Payment of Administrative Penalty
Section 432.024. Refund of Administrative Penalty
Section 432.025. Recovery of Administrative Penalty by Attorney General