Regulation 32(2)

SCHEDULE 4E+WFACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY

PART 1 E+WAggravating factors

1.  Seriousness of the non-compliance.E+W

2.  Harm or potential harm to human health.E+W

3.  Financial harm to consumers.E+W

4.  Financial harm to competitors.E+W

5.  Duration of non-compliance.E+W

6.  Evidence of intention behind the non-compliance.E+W

7.  History of non-compliance of the person (“P”) to whom the penalty notice is to be given.E+W

8.  Financial gain made by P as a result of non-compliance.E+W

9.  Financial resources of P.E+W

10.  Size of P's business.E+W

11.  Availability of non-compliant item, including the number of retail shops in which it has been marketed.E+W

12.  The conduct of P after the non-compliance is drawn to their attention by an enforcement authority.E+W

13.  Previous action taken by the enforcement authority to help P comply with the Regulations.E+W

PART 2 E+WMitigating factors

1.  Action taken to eliminate or reduce the risk of damage resulting from the non-compliance.E+W

2.  Action taken by P to repair the harm done by the non-compliance.E+W

3.  Any co-operation given to the enforcement authority by P in responding to the non-compliance.E+W

4.  Whether P reported the non-compliance to the enforcement authority.E+W

5.  Financial resources of P.E+W

6.  Size of P's business.E+W

7.  Availability of non-compliant item, including the number of retail shops in which it has been marketed.E+W

8.  The conduct of P after the non-compliance is drawn to their attention by an enforcement authority.E+W

9.  Where the non-compliance was committed by an employee of P, the extent to which the employee was acting outside of their authority.E+W