# COMAR Title 15 — Maryland Department of Agriculture

## Subtitle 18 — State Chemist

### Chapter 07 — Administrative Penalty Standards

**Authority:** Agriculture Article, §§5-107.1 and 6-401, Annotated Code of Maryland

**Administrative History:** Effective date: February 27, 2006 (33:4 Md. R. 354)

#### Regulation .01 Purpose and Scope.

*COMAR 15.18.07.01*

This chapter establishes standards that determine the administrative penalty for any person who violates and is required to be registered under the Maryland Pesticide Registration and Labeling Law (Agriculture Article, Title 5, Subtitle 1, Annotated Code of Maryland), the Maryland Commercial Feed Law (Agriculture Article, Title 6, Subtitle 1, Annotated Code of Maryland), the Maryland Commercial Fertilizer Law (Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland), or the Agricultural Liming Materials and Gypsum Law (Agriculture Article, Title 6, Subtitle 3, Annotated Code of Maryland).

#### Regulation .02 Penalty Instead of Refusing or Canceling a Registration.

*COMAR 15.18.07.02*

After notice and an opportunity for a hearing, the Secretary may impose a penalty on any person subject to the Secretary's regulatory authority, instead of refusing or canceling a registration.

#### Regulation .03 Violations.

*COMAR 15.18.07.03*

The Secretary may impose a penalty on any person who:

A. Violates any of the regulatory requirements of the Maryland Pesticide Registration and Labeling Law under Agriculture Article, Title 5, Subtitle 1, Annotated Code of Maryland;

B. Violates any of the regulatory requirements of the Maryland Commercial Feed Law under Agriculture Article, Title 6, Subtitle 1, Annotated Code of Maryland;

C. Violates any of the regulatory requirements of the Maryland Commercial Fertilizer Law under Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland;

D. Violates any of the regulatory requirements of the Maryland Agriculture Liming Materials and Gypsum Law under Agriculture Article, Title 6, Subtitle 3, Annotated Code of Maryland;

E. Violates any stop sale order or other regulatory order issued by the Secretary for any commodity sold or offered for sale under Agriculture Article, Title 5, Subtitle 1, or Title 6, Annotated Code of Maryland; or

F. Fails to pay any assessed penalty to the Department as required by this chapter.

#### Regulation .04 Classifications of Violations for the Purpose of Determining Penalties.

*COMAR 15.18.07.04*

A. For a violation of Regulation .03 of this chapter, a penalty may be imposed by the Secretary, considering the nature and gravity of each violation as determined by §B of this regulation, consistent with the following standards:

  (1) For the first violation, a penalty of not less than $100 or more than $500;

  (2) For the second violation a penalty of not less than $500 or more than $1,500;

  (3) For the third and any subsequent violation, a penalty of not less than $1,000 or more than $2,000.

B. Before imposing any administrative penalty under this chapter, the Secretary shall consider the following if relevant to a violation:

  (1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

  (2) The extent to which the violation caused harm to the environment;

  (3) Any economic loss to the State or to citizens of the State; and

  (4) The extent to which the violation is a part of a recurring pattern of violations.

#### Regulation .05 Appeal.

*COMAR 15.18.07.05*

A person may appeal the Secretary's decision to impose a penalty as provided in Agriculture Article, §2-405, Annotated Code of Maryland. A person shall be notified of this right to appeal.

#### Regulation .06 Penalty Payment.

*COMAR 15.18.07.06*

Unless a person appeals, the amount of a penalty shall be paid to the Secretary within 30 days of the violation notice.