New Hampshire Code of Administrative Rules
Agr - Commissioner, Department of Agriculture, Markets, and Food
Chapter Agr 1400 - WEIGHTS AND MEASURES
Part Agr 1411 - VIOLATIONS OF RSA 438:40, I AND OF ADMINISTRATIVE WEIGHTS AND MEASURES RULES; WRITTEN WARNINGS OF VIOLATION; ADMINISTRATIVE FINES
Section Agr 1411.02 - Violations of RSA 438:40, I and of Administrative Weights and Measures Rules
Current through Register No. 40, October 3, 2024
(a) Any individual or entity who has done an act or omission prohibited by RSA 438:40, I or a weights and measures administrative rule shall receive either a written warning of violation issued by the division or a fine imposed by the commissioner.
(b) The division shall issue a written warning without the imposition of an administrative fine for a first violation of any provision of RSA 438:40, I or of a weights and measures administrative rule, unless the individual or entity doing the violation knew or should have known that the act or omission prohibited by the statute or rule was a violation.
(c) The commissioner shall impose a "first offense" administrative fine in accordance with the schedule in Agr 1411.07 for a first violation of any provision of RSA 438:40, I or of a weights and measures administrative rule if the individual or entity doing the violation knew or should have known that the act or omission prohibited by the statute or rule was a violation.
(See Revision Note at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
New. #9639, eff 1-20-10