Sec. 433.094. ADMINISTRATIVE PENALTY. (a) The department may assess an administrative penalty against a person who violates this chapter, a rule adopted under the authority of this chapter, or an order 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) such other matters as justice may require.
(c) The penalty may not exceed $25,000 a day for each violation.
(d) Each day a violation continues may be considered a separate violation.
Added by Acts 1991, 72nd Leg., ch. 388, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1068, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Chapter 433 - Texas Meat and Poultry Inspection Act
Section 433.081. General Criminal Penalty
Section 433.0815. Interference With Inspection; Criminal Penalties
Section 433.082. Jurisdiction for Violation
Section 433.083. Investigation by Department
Section 433.084. Evidence and Testimony
Section 433.085. Report to Department
Section 433.086. Mandamus to Compel Compliance
Section 433.088. Compensation of Witness or Reporter
Section 433.091. False Report; Failure to Report; Criminal Penalty
Section 433.092. Failure to Report; Civil Penalty
Section 433.093. Unlawful Disclosure; Criminal Penalty
Section 433.094. Administrative Penalty
Section 433.095. Administrative Penalty Assessment Procedure
Section 433.096. Payment of Administrative Penalty
Section 433.097. Refund of Administrative Penalty
Section 433.098. Recovery of Administrative Penalty by Attorney General
Section 433.100. Emergency Withdrawal of Mark or Suspension of Inspection Services