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The Eggs and Chicks (Wales) Regulations 2010
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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
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