Section 22250 - Penalties(a) The department may levy a civil penalty against any person who violates this Subchapter, in an amount not more than $5,000 for each violation. The amount of the penalty assessed for each violation must be based upon the nature of the violation, the seriousness of the effect of the violation upon effectuation of the purposes and provisions of this Subchapter, and the impact of the penalty on the violator, including the deterrent effect on future violations.(b) Notwithstanding the penalties prescribed in paragraph (a), if the department finds that a violation was not intentional, the department may levy a civil penalty of not more than $2,500 for each violation.(c) For a first offense, in lieu of a civil penalty as prescribed in paragraphs (a) and (b), the department may issue a notice of noncompliance, if the department finds that the violation is minor.(d) Any fees and civil penalties collected pursuant to this Subchapter must be deposited in the Food Safety Fund established pursuant to Section 110050 of Division 104 of the Health and Safety Code.(e) A person against whom a civil penalty is levied must be afforded an opportunity for a hearing before the department pursuant to Section 131071 of Division 101 of the Health and Safety Code. If no hearing is requested, the civil penalty must constitute a final and nonreviewable order.Cal. Code Regs. Tit. 17, § 22250
1. New article 11 (sections 22250-22270) and section filed 7-1-2021 pursuant to Government Code section 11343.8; operative 7-1-2021. Submitted to OAL for filing and printing only pursuant to Business and Professions Code section 26062(a)(2) (Register 2021, No. 27). Note: Authority cited: Sections 100275, 110065, 110835 and 113115, Health and Safety Code; and Section 26062(a)(2), Business and Professions Code. Reference: Section 26062.5, Business and Professions Code.
1. New article 11 (sections 22250-22270) and section filed 7-1-2021 pursuant to Government Code section 11343.8; operative 7/1/2021. Submitted to OAL for filing and printing only pursuant to Business and Professions Code section 26062(a)(2) (Register 2021, No. 27).