(1) The department may suspend, revoke, or deny an MIE endorsement in accordance with RCW
69.07.060.
(2) The department may impose penalties on any person who processes, advertises, or distributes MIEs without an MIE endorsement. Each of the following is a distinct and separate violation:
(a) Processing MIEs without a valid MIE endorsement;
(b) Advertising or distributing MIEs processed without a valid MIE endorsement;
(c) Processing, advertising, or distributing an MIE that has not received department approval under WAC
16-131-050.
(3) For violations under an endorsement, the department may impose civil penalties in conformance with the penalty assignment schedules in this section and chapter
16-139 WAC, excluding WAC
16-139-020,
16-139-030, and
16-139-040.
(4) MIE penalty assignment schedules:
Table 1. MIE Penalties for Processing, Advertising, or Distributing Without a Valid MIE Endorsement
PENALTY |
$1,000 per day per violation |
Table 2. MIE Penalties for Number of Critical Violations in a
3-Year Period
VIOLATION | PENALTY |
Risk of Adulteration |
Potential | Probable |
First | $1,000 and 4-day suspension | $5,000 and 14-day suspension |
Second | $2,000 and 8-day suspension | $5,000 and 30-day suspension |
Third | $4,000 and 16-day suspension | $5,000 and revocation |
Table 3. MIE Penalties for Number of Significant Violations in a 3-Year Period
VIOLATION | PENALTY |
Risk of Adulteration |
Potential | Probable |
First | $500 and 2-day suspension | $1,000 and 4-day suspension |
Second | $1,000 and 4-day suspension | $2,000 and 8-day suspension |
Third | $2,000 and 8-day suspension | $4,000 and 16-day suspension |
Table 4. MIE Penalties for Number of Economic or Other Violations in a 3-Year Period
VIOLATION | PENALTY |
Unknowing | Knowing |
First | $500 and 2-day suspension | $1,000 and 4-day suspension |
Second | $1,000 and 4-day suspension | $2,000 and 6-day suspension |
Third | $1,500 and 6-day suspension | $5,000 and 20-day suspension |
[Statutory Authority: RCW
69.07.020,
69.07.200, and chapter
34.05 RCW. WSR 18-05-010, ยง 16-131-110, filed 2/8/18, effective 4/1/18.]