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- Original (As made)
This is the original version (as it was originally made).
1. Seriousness of the non-compliance.
2. Harm or potential harm to human health.
3. Financial harm to consumers.
4. Financial harm to competitors.
5. Duration of non-compliance.
6. Evidence of intention behind the non-compliance.
7. History of non-compliance of the person (“P”) to whom the penalty notice is to be given.
8. Financial gain made by P as a result of non-compliance.
9. Financial resources of P.
10. Size of P’s business.
11. Availability of non-compliant product, including the number of retail shops in which it has been marketed.
12. Where P is a retailer with a number of retail outlets, the number of retail outlets operated by them (whether or not there is evidence that the non-compliant product has been, or may have been, marketed in all of those outlets).
13. The conduct of P after the non-compliance had come to the attention of the enforcement authority.
14. Previous action taken by the enforcement authority to help P comply with the Regulations.
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