Flagrant Violation Law and Legal Definition
Flagrant violation involves knowing conduct, whereas a serious or a very serious violation typically involves only accidental or negligent conduct. [Potato Sales Co. v. Department of Agric., 92 F.3d 800, 804 (9th Cir. 1996)].
Under the perishable agricultural commodities act, flagrant violations include, but are not necessarily limited to, the following examples:
a. shipment or sale of a lot of a perishable agricultural commodity from shipping point after notification by official inspection that the inspected commodity fails to comply with any marking on the container without first correcting the misbranding;
b. to offer for resale or consignment, a lot of a perishable agricultural commodity that has been officially inspected at destination and found to be misbranded without advising a prospective receiver that the lot is misbranded and that the misbranding must be corrected before resale. When a resale or consignment is finalized, written notice must be given that the lot is misbranded and must be corrected before resale; or
c. to withhold or fail to disclose known material facts with respect to a misrepresentation or misbranding. [7 CFR 46.45].
