Indiana Administrative Code
Title 410 - INDIANA DEPARTMENT OF HEALTH
Article 12 - WEIGHTS AND MEASURES
Rule 1 - Commercial Weighing and Measuring Devices
Section 1-7 - Schedule of civil penalties
Current through March 20, 2024
Authority: IC 16-19-7-3; IC 24-6-3-2
Affected: IC 4-21.5-3-8; IC 16-19-7; IC 16-44-2; IC 16-44-3; IC 24-6
Sec. 7.
(a) The Indiana department of health may commence an action under IC 16-19-7-3, IC 24-6-1, IC 24-6-2, IC 24-6-3, IC 24-6-4, IC 24-6-5, IC 24-6-6, or IC 4-21.5-3-8, and to levy civil penalties against a person who:
(b) A civil penalty in an amount in the appropriate range specified in subsection (d) may be sought for each day of each violation.
(c) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the Indiana department of health will consider, but is not limited to, the following:
(d) Unless adjusted as provided for in subsection (e), all penalties shall be in accordance with the following schedule:
VIOLATION | CODE | RANGE OF PENALTY |
Right of entry | IC 24-6-3-9 | $0 to $1,000 |
Use of standard weights and measures | IC 24-6-3-10 | $0 to $ 500 |
Use of false scales or measuring devices | IC 24-6-3-11 | $0 to $1,000 |
Use of dry capacity measures | IC 24-6-3-12 | $0 to $ 200 |
Standard weights and measures | IC 24-6-1-1 | $0 to $ 200 |
Marking of containers |
IC 24-6-6-2 IC 24-6-6-3 IC 24-6-6-4 |
$0 to $ 500 |
False representation of contents | IC 24-6-6-5 | $0 to $1,000 |
Articles sold by weight or count | IC 24-6-4-1 | $0 to $ 200 |
Inspection of devices | IC 24-6-3-7 | $0 to $ 500 |
Commodity sold by count | IC 24-6-3-10 | $0 to $ 200 |
Used containers | IC 24-6-6-6 | $0 to $ 200 |
Failure to take tare at time of sale | IC 24-6-3-12 | $0 to $1,000 |
Weighmaster duties | 410 IAC 12-1-6 | $0 to $1,000 |
Specification and tolerances of devices | 410 IAC 12-1-1.1 | $0 to $1,000 |
Packaging and labeling | 410 IAC 12-1-1.2 | $0 to $1,000 |
Method of sale of commodities | 410 IAC 12-1-1.3 | $0 to $1,000 |
Net content of packaged goods | 410 IAC 12-1-1.4 | $0 to $1,000 |
National type evaluation | 410 IAC 12-1-1.5 | $0 to $1,000 |
Use of illegal device | 410 IAC 12-1-1.1 | $0 to $1,000 |
Split draft weighing | 410 IAC 12-1-4 | $0 to $ 500 |
Person in vehicle during weighing | 410 IAC 12-1-5 | $0 to $500 |
(e) After determining the appropriate penalty based on the schedule in subsection (d), the Indiana department of health may adjust the penalty to reflect a good faith effort to comply with the following: