(a) Administrative Penalties. The purpose of this section is to establish the criteria and procedures by which the commissioner will assess administrative penalties for violations relating to provisions of the Act, these rules, licenses, and orders issued pursuant to the Act or the rules.(1) Determining the amount of the penalty. In determining the amount of the penalty, the commissioner must consider the criteria described in paragraphs (2) - (6) of this subsection.(2) The seriousness of the violation.(A) Violations must be categorized by one of the following severity levels.(i) Severity Level I covers violations that are most significant and have a direct negative impact on, or represent a threat to, public health and safety. Violations include:(I) adulteration;(II) intentional and egregious inhumane treatment of animals;(III) failure to remove known adulterated product from commerce; and(IV) misbranding, false representation, or false advertising resulting in a danger to the public or improper monetary gain of over $25,000 by the violator.(ii) Severity Level II covers violations that are very significant and impact public health and safety. Violations include:(I) adulteration;(II) repetitive egregious inhumane treatment of animals;(III) slaughter of animals without a Grant of Inspection or Grant of Custom Exemption (when required by the department);(IV) violation of a regulatory control action;(V) bribery, coercion, or interference with inspection or attempted bribery, coercion, or interference with inspection; and(VI) misbranding, false representation, or false advertising resulting in the entry of potentially harmful products into commerce or improper monetary gain of over $10,000 by the violator.(iii) Severity Level III covers violations that are significant and which, if not corrected, could adversely impact public health and safety. Violations include:(I) adulteration;(II) egregious or repetitive non-egregious inhumane treatment of animals;(III) failure to remove known misbranded product from commerce;(IV) misbranding, false representation, or false advertising resulting in public health risk or improper monetary gain of over $1,000 by the violator;(V) producing product without a Grant of Inspection or Grant of Custom Exemption (when required by the department);(VI) failing to correct significant deficiencies in Hazard Analysis and Critical Control Point plans, Sanitation Standard Operating Procedures; and(VII) problems involving food contact surfaces.(iv) Severity Level IV covers violations that are of more than minor significance, and if left uncorrected, would lead to more serious circumstances. Violations include:(I) non-egregious inhumane treatment of animals;(II) misbranding, false representation, or false advertising resulting in monetary gain of under $1,000 by the violator;(III) failure to correct minor deficiencies in Hazard Analysis and Critical Control Point plans or Sanitation Standard Operating Procedures; and(IV) problems involving non-food-contact surfaces.(v) Severity Level V covers violations where minor noncompliant practices by a violator create some risk for production of adulterated product in the production environment. Violations include: (I) failure by the establishment to correct minor noncompliant deficiencies in the production environment that do not involve product handling or product contact surfaces;(II) failing to correct incidental noncompliance;(III) general disrepair;(IV) conditions that could potentially cause inhumane treatment of animals; and(V) misbranding, false representation, or false advertising that does not result in public health risk or monetary gain by the violator.(B) The severity of a violation must be increased if the violation involves deception or other indications of willfulness. In determining the severity of a violation, the department must take into account the economic benefit gained by a person through noncompliance. (3) History of previous violations. The department may consider previous violations. Repetitive violations may be considered when determining the severity of a violation and may result in increased penalties within a severity level or elevation to a higher severity level.(4) Demonstrated good faith. The department may consider demonstrated good faith. The base penalty may be reduced if good faith efforts to correct a violation have been made or are being made. Good faith effort must be determined on a case-by-case basis and be fully documented.(5) Hazard to public health and safety. The department may consider the hazard to public health and safety. The base penalty must be increased when a direct hazard to public health or safety is involved, with consideration to:(A) whether any disease or injuries have occurred from the violation;(B) whether any existing conditions contributed to a situation that could expose humans to a health hazard; or(C) whether the consequences would be of an immediate or long-range hazard.(6) Other matters. The commissioner may consider other matters as justice may require.(7) Levels of penalties.(A) The department will impose different levels of penalties for different severity level violations as follows:Attached Graphic(B) Each day a violation continues may be considered a separate violation.(8) Assessment, payment, and refund procedures.(A) The commissioner may assess an administrative penalty only after a person charged with a violation is given an opportunity for an administrative hearing under Texas Health and Safety Code §433.095; Texas Government Code Chapter 2001; and the department's formal hearing procedures in Chapter 1 of this title (relating to Miscellaneous Provisions).(B) Payment of an administrative penalty must be made under the provision of Texas Health and Safety Code §433.096.(C) Refund of an administrative penalty must be made under the provisions of Texas Health and Safety Code §433.097.(b) Criminal Penalties.(1) Interference with inspection.(A) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with a livestock inspector while the inspector is performing a duty under the Act.(B) An offense under this section is a Class B misdemeanor. (C) It is a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged consisted of speech only.(2) General.(A) A person commits an offense if the person violates a provision of the Act or these rules for which these rules do not provide another criminal penalty.(B) Except as provided by paragraph (2)(C) of this subsection, an offense under this section is punishable by a fine of not more than $1,000, imprisonment for not more than one year, or both.(C) If an offense under this section involves intent to defraud, or distribution or attempted distribution of an adulterated article except adulteration described by Texas Health and Safety Code §433.004(11), (12), or (13), the offense is punishable by a fine of not more than $10,000, imprisonment for not more than three years, or both.(D) A person does not commit an offense under this section by receiving for transportation an article in violation of the Act if the receipt is in good faith and if the person furnishes, on request of a representative of the commissioner:(i) the name and address of the person from whom the article is received; and(ii) any document pertaining to the delivery of the article.(E) This section does not require the commissioner to report for prosecution, or for institution of complaint or injunction proceedings, a minor violation of this chapter if the commissioner believes the public interest will be adequately served by a suitable written warning notice.(3) Injunction.(A) If it appears a person has violated or is violating the Act or a rule adopted under the Act, the commissioner may request the attorney general or the district attorney or county attorney in the jurisdiction where the violation is alleged to have occurred, is occurring, or may occur to institute a civil suit for:(i) an order enjoining the violation; or(ii) a permanent or temporary injunction, a temporary restraining order, or other appropriate remedy, if the commissioner shows the person has engaged in or is engaging in a violation.(B) Venue for a suit brought under this section is in the county in which the violation occurred or in Travis County.(C) The commissioner or the attorney general may recover reasonable expenses incurred in obtaining injunctive relief under this section, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses. The expenses recovered by the commissioner under this section may be used for the administration and enforcement of Texas Health and Safety Code Chapter 433. The expenses recovered by the attorney general may be used by the attorney general for any purpose.(4) Emergency withdrawal of mark or suspension of inspection services.(A) The commissioner or the commissioner's designee may immediately withhold the mark of inspection or suspend or withdraw inspection services if:(i) the commissioner or the commissioner's designee determines a violation of the Act or these rules presents an imminent threat to public health and safety; or(ii) a person affiliated with the processing establishment impedes an inspection under this chapter, including assaulting, threatening to assault, intimidating, or interfering with a department employee.(B) An affected person is entitled to a review of an action of the commissioner or the commissioner's designee under subparagraph (A) of this paragraph in the same manner that a refusal or withdrawal of inspection services may be reviewed under Texas Health and Safe Code §433.028.(C) For purposes of this section only, the definition of "imminent threat" to public health and safety includes:(i) the establishment produced and shipped adulterated or misbranded product as defined under Texas Health and Safety Code 3.004 and §433.005;(ii) the establishment does not have or has an inadequate Hazard Analysis and Critical Control Point plan as specified in 9 Code of Federal Regulations (CFR) §417.6;(iii) the establishment does not have Sanitation Standard Operating Procedures as specified in 9 CFR §§416.11 - 416.16;(iv) sanitary conditions are such that products in the establishment are or would be rendered adulterated under Texas Health and Safety Code §433.004; or(v) the establishment violated the terms of a regulatory control action as specified in Texas Health and Safety Code §433.030, 9 CFR §310.4, or 9 CFR §416.6.(D) This section in no way restricts or prohibits the department from taking action under Texas Health and Safety Code Chapter 431, Texas Health and Safety Code §433.008, the Federal Meat Inspection Act (21 United States Code (USC) 12), and the Poultry Products Inspection Act (21 USC 10) and the regulations adopted in §221.11 of this subchapter (relating to Federal Regulations on Meat and Poultry Inspection).