 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
HEALTH AND SAFETY CODE |
|
Title 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES |
|
Subtitle A. FOOD AND DRUG HEALTH REGULATIONS |
|
Chapter 431. TEXAS FOOD, DRUG, AND COSMETIC ACT |
|
Subchapter C. ENFORCEMENT |
Sec. 431.0585. CIVIL PENALTY
-
(a) At the request of the commissioner, the attorney general or a district, county, or city attorney shall institute an action in district court to collect a civil penalty from a person who has violated Section 431.021.
(b) The civil penalty may not exceed $25,000 a day for each violation. Each day of violation constitutes a separate violation for purposes of the penalty assessment.
(c) The court shall consider the following in determining the amount of the penalty:
(1) the person's history of any previous violations of Section 431.021;
(2) the seriousness of the violation;
(3) any hazard posed to the public health and safety by the violation; and
(4) demonstrations of good faith by the person charged.
(d) Venue for a suit brought under this section is in the city or county in which the violation occurred or in Travis County.
(e) A civil penalty recovered in a suit instituted by a local government under this section shall be paid to that local government.