4.12.402    PENALTIES

(1) The department will select an appropriate response for each violation of the act and rules promulgated thereunder. Nothing in this rule obligates the department to assess a civil penalty or other penalty for a violation. Each violation will be considered and a response issued based on the gravity and significance of the violation, the degree of care exercised, actual or potential adverse affects from the violation, and other factors considered appropriate by the department. The response for minor violations may include written notice or written warnings. 

(2) In determining if a feed is in violation when the analytical result of a nutrient exceeds the action level, the department will consider whether the feed is intended or represented as a principle source of nutrition for that nutrient.

History: 80-9-103, 80-9-303, MCA; IMP, 80-9-303, MCA; NEW, 2000 MAR p. 3333, Eff. 12/8/00; AMD, 2002 MAR p. 778, Eff. 3/15/02; AMD, 2018 MAR p. 631, Eff. 3/31/18.