Section 25-A4720. ADMINISTRATIVE - CIVIL PENALTIES, CIVIL FINES, AND NOTICES OF INFRACTIONS

 

4720.1Civil fines, penalties, or related costs may be imposed against any food establishment, owner, or person in charge for violation of any provision of this Code.

 

4720.2The Department may impose penalties for violations of any provision of this Code not to exceed ten thousand dollars ($10,000) for each violation. Each day of any failure to comply with this Code shall constitute a separate offense and the penalties prescribed in this section shall apply to each separate offense in accordance with An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898, (30 Stat. 246; D.C. Official Code §§ 48-101, et seq. (2009 Repl. & 2011 Supp.)).   

 

4720.3The Department may impose civil fines, penalties, and fees as alternative sanctions for violations of any provision of this Code pursuant to the Department of Consumer & Regulatory Affairs Civil Infractions Act of 1985, (Civil Infractions Act) effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01, et seq. (2007 Repl. & 2011 Supp.)).

 

4720.4Civil fines or penalties imposed pursuant to § 4720.2 in an amount exceeding the Civil Infractions Schedule of Fines authorized by § 4720.3 shall be limited to egregious violations or flagrant violations involving gross negligence or carelessness, or violations involving the transmission of communicable diseases through foods that do not meet the criminal penalty standards in § 4721.1.

 

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627; D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 98-139, dated August 20, 1998, and Mayor’s Order 2002-103, dated June 18, 2002.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6368-69 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).