3-525.05. Production and harvesting standards; violations; corrective actions; civil penalty; appeals

A. Consistent with the produce safety rule, the director shall administer science-based minimum standards for the safe production and harvesting of produce to minimize the risk of serious adverse health consequences or death.

B. If the director finds that produce is being grown, harvested, packed or held in violation of this article and rules adopted pursuant to this article, the director may consult and coordinate with applicable federal, state, tribal and local officials to produce a corrective action plan that includes reinspection, education, training and alternate enforcement approaches with the goal of addressing the present violation and preventing future violations.

C. The director shall adopt rules to address, correct and remediate violations of this article and rules adopted pursuant to this article that are progressively graduated according to the nature and urgency of the violation and the risk to public health and safety.

D. To remedy violations that are associated with risks or hazards to public health and to prevent the entry of contaminated produce into the marketplace, the director may take any action to enforce this article and rules adopted pursuant to this article, including:

1. A stop sale order.

2. The seizure and embargo of offending produce.

E. The director may assess a civil penalty of not more than one thousand dollars for each violation of this article or a rule adopted pursuant to this article. The department shall transmit any monies received under this section to the state treasurer for deposit in the produce safety trust fund established by section 3-525.02.

F. A person who violates this article or rules adopted pursuant to this article may request a hearing before an administrative law judge pursuant to title 41, chapter 6, article 10.  The decision of the administrative law judge is subject to review by the director as provided by title 41, chapter 6, article 10.