Table of Contents Secs. 22-118a to 22-118j. Commercial and customer-formula feeds, generally.
Sections 22-118a to 22-118j, inclusive, are repealed, effective July 1, 1998. Sec. 22-118k. Definitions. As used in sections 22-118k to 22-118v: Sec. 22-118l. Manufacture and distribution of feed regulated. (a) No person
shall manufacture a commercial feed in this state unless he has filed with the Commissioner of Agriculture on forms provided by the commissioner, his name, place of business and location of each manufacturing facility in this state. Sec. 22-118m. Labeling of commercial feed. (a) A commercial feed shall be labeled as provided in this section. Sec. 22-118n. Misbranding of commercial feed. A commercial feed shall be
deemed to be misbranded: Sec. 22-118o. Adulteration of commercial feed. A commercial feed shall be
deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health, except that, if the substance is not an
added substance, the feed shall not be considered adulterated under this section if the
quantity of such substance in the feed does not ordinarily render it injurious to health;
(2) if it bears or contains any added poisonous, added deleterious or added nonnutritive
substance which is unsafe within the meaning of Section 406 of the federal Food, Drug
and Cosmetic Act, other than one which is (A) a pesticide chemical in or on a raw
agricultural commodity or (B) a food additive; (3) if it is, or bears or contains any food
additive which is unsafe within the meaning of Section 409 of the federal Food, Drug
and Cosmetic Act; (4) if it is a raw agricultural commodity and it bears or contains a
pesticide chemical which is unsafe within the meaning of Section 408(a) of the federal
Food, Drug and Cosmetic Act except that, if a pesticide chemical has been used in or
on a raw agricultural commodity in conformity with an exemption granted or a tolerance
prescribed under Section 408 of the federal Food, Drug and Cosmetic Act and such raw
agricultural commodity has been subjected to processing such as canning, cooking,
freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or
on such processed feed shall not be deemed unsafe if such residue in or on the raw
agricultural commodity has been removed to the extent possible in good manufacturing
practice and the concentration of such residue in the processed feed is not greater than
the tolerance prescribed for the raw agricultural commodity unless the feeding of such
processed feed will result or is likely to result in a pesticide residue in the edible product
of the animal which is unsafe within the meaning of Section 408(a) of the federal Food,
Drug and Cosmetic Act; (5) if it is, or bears or contains, any color additive which is
unsafe within the meaning of Section 706 of the federal Food, Drug and Cosmetic Act;
(6) if it is, or bears or contains, any new animal drug which is unsafe within the meaning
of Section 512 of the federal Food, Drug and Cosmetic Act; (7) if it consists in whole
or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for
feed; (8) if it has been prepared, packed or held under unsanitary conditions whereby
it may have become contaminated with filth, or whereby it may have been rendered
injurious to health; (9) if it is, in whole or in part, the product of a diseased animal or
of an animal which has died otherwise than by slaughter which death has rendered the
product unsafe within the meaning of Section 402(a)(1) or (2) of the federal Food, Drug
and Cosmetic Act; (10) if its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to health; (11) if it has
been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to Section 409 of the federal
Food, Drug and Cosmetic Act; (12) if any valuable constituent has been, in whole or in
part, omitted or abstracted from the feed or any less valuable substance substituted for
the feed; (13) if its composition or quality falls below or differs from that which it is
purported or is represented to possess by its labeling; (14) if it contains a drug and
the methods used in, or the facilities or controls used for, manufacture, processing, or
packaging of such drug do not conform to current good manufacturing practice regulations adopted by the Commissioner of Agriculture, in accordance with the provisions
of chapter 54, which shall assure that the drug meets the requirements of sections 22-
118k to 22-118v, inclusive, as to safety, is properly identified and has the strength and
meets the quality and purity characteristics which it purports or is represented to possess.
In adopting such regulations, the commissioner shall adopt the current good manufacturing practice regulations for Type A Medicated Articles and Type B and Type C Medicated Feeds established under authority of the federal Food, Drug and Cosmetic Act,
unless he determines that they are not appropriate to the conditions which exist in this
state; or (15) if it contains viable weed seeds in amounts exceeding the limits which the
commissioner shall establish by such regulations. Sec. 22-118p. Prohibited acts. The following acts or the causing of such acts
within this state are hereby prohibited: (1) The manufacture or distribution of any commercial feed that is adulterated or misbranded; (2) the adulteration or misbranding of
any commercial feed; (3) the distribution of agricultural commodities such as whole
seed, hay, straw, stover, silage, cobs, husks and hulls, which are adulterated within the
meaning of section 22-118o; (4) the removal or disposal of a commercial feed in violation
of an order under section 22-118s; or (5) the failure or refusal to register in accordance
with section 22-118l. Sec. 22-118q. Regulations governing commercial feeds and pet foods. On or
before July 1, 1999, the Commissioner of Agriculture shall adopt, in accordance with
the provisions of chapter 54, such regulations for commercial feeds and pet foods as
are specifically authorized in sections 22-118k to 22-118t, inclusive, and such other
reasonable regulations as may be necessary for the efficient enforcement of sections
22-118k to 22-118t, inclusive. In the interest of uniformity the commissioner shall by
such regulations adopt, unless he determines that they are inconsistent with the provisions of sections 22-118k to 22-118t, inclusive, or are not appropriate to conditions
which exist in this state, the following: (1) The official definitions of feed ingredients
and official feed terms adopted by the Association of American Feed Control Officials
and published in the official publication of that organization, and may incorporate by
reference any provisions, or future changes to such provisions, which said association
may adopt for the regulation of commercial and customer-formula feeds and (2) any
regulation promulgated pursuant to the authority of the federal Food, Drug and Cosmetic
Act (21 USC Section 301, et seq.) provided the commissioner otherwise has the authority
to adopt such regulations. The commissioner may establish fees in such regulations to
defray the costs of administering this section. Sec. 22-118r. Inspection of commercial feed facilities. (a) Any employee duly
designated by the Commissioner of Agriculture, upon presenting appropriate credentials, and a written notice to the owner, operator or agent in charge, may (1) enter, during
normal business hours, any factory, warehouse or establishment within this state in
which commercial feeds are manufactured, processed, packed or held for distribution,
or to enter any vehicle being used to transport or hold such feeds, and (2) inspect at
reasonable times and within reasonable limits and in a reasonable manner, such factory,
warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling. The inspection may include the verification of
only such records and production and control procedures as may be necessary to determine compliance with the regulations established under section 22-118o. Sec. 22-118s. Orders of commissioner. Seizure of feed. (a) When the Commissioner of Agriculture, or his designee, has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of sections 22-118k
to 22-118t, inclusive, or any regulations adopted under sections 22-118k to 22-118t,
inclusive, he may issue and enforce a written or printed withdrawal from distribution
order, warning the distributor not to dispose of the lot of commercial feed in any manner
until written permission is given by the commissioner or the Superior Court. The commissioner shall release the lot of commercial feed so withdrawn when said provisions
and regulations have been complied with. If compliance is not obtained within thirty
days, the commissioner may begin, or upon request of the distributor or registrant shall
begin, proceedings for condemnation. Sec. 22-118t. Interstate agreements. The Commissioner of Agriculture may cooperate with and enter into agreements with governmental agencies of this state, other
states, agencies of the federal government and private associations in order to carry out
the purposes and provisions of sections 22-118k to 22-118v, inclusive. Sec. 22-118u. Annual report on feed analyses. The Director of the Connecticut
Agricultural Experiment Station shall publish at least annually a report of the results of
the analyses of official samples of commercial feeds sold within the state as compared
with the analyses guaranteed in the registration and on the label.
Secs. 22-118a to 22-118j. Commercial and customer-formula feeds, generally.
Sec. 22-118k. Definitions.
Sec. 22-118l. Manufacture and distribution of feed regulated.
Sec. 22-118m. Labeling of commercial feed.
Sec. 22-118n. Misbranding of commercial feed.
Sec. 22-118o. Adulteration of commercial feed.
Sec. 22-118p. Prohibited acts.
Sec. 22-118q. Regulations governing commercial feeds and pet foods.
Sec. 22-118r. Inspection of commercial feed facilities.
Sec. 22-118s. Orders of commissioner. Seizure of feed.
Sec. 22-118t. Interstate agreements.
Sec. 22-118u. Annual report on feed analyses.
Sec. 22-118v. Termination of statutory provisions.
(February, 1965, P.A. 296, S. 1−10; P.A. 73-278, S. 13−21; P.A. 76-436, S. 450, 681; P.A. 78-280, S. 5, 127; P.A. 82-
91, S. 10, 38; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; May Sp. Sess. P.A. 92-6, S. 47, 117; P.A. 93-142, S. 4, 7, 8; P.A.
95-79, S. 85, 189; 95-220, S. 4−6; P.A. 98-69, S. 13, 14.)
History: P.A. 73-278 added Subdiv. (p) defining "commissioner" as commissioner of agriculture and substituted "commissioner" for "director", i.e. director of Agricultural Experiment Station in Subdiv. (m); P.A. 95-79 redefined "person"
to include a limited liability company, effective May 31, 1995.
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(1) "Person" means an individual, partnership, corporation, limited liability company or association;
(2) "Distribute" means to offer for sale, sell, exchange or barter, or to supply, furnish
or otherwise provide;
(3) "Distributor" means any person who distributes;
(4) "Commercial feed" means all materials which are distributed or intended for
distribution for use as feed or for mixing in feed, but does not mean (A) unmixed whole
seeds and physically altered entire unmixed seeds, when such whole or physically altered
seeds are not chemically changed or are not adulterated within the meaning of section
22-118o, and (B) commodities such as hay, straw, stover, silage, cobs, husks, hulls and
individual chemical compounds or substances when such commodities, compounds or
substances are not intermixed with other materials, and are not adulterated within the
meaning of section 22-118o;
(5) "Feed ingredient" means each of the constituent materials making up a commercial feed;
(6) "Mineral feed" means a commercial feed intended to supply primarily mineral
elements or inorganic nutrients;
(7) "Drug" means any substance intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in animals other than natural persons and substances
other than feed intended to affect the structure or any function of the animal body;
(8) "Customer-formula feed" means commercial feed which consists of a mixture
of commercial feeds or feed ingredients each batch of which is manufactured according
to the specific instructions of the final purchaser;
(9) "Manufacture" means to grind, mix or blend or further process a commercial
feed for distribution;
(10) "Brand name" means any word, name, symbol or device, or any combination
thereof, identifying the commercial feed of a distributor or registrant and distinguishing
it from that of others;
(11) "Product name" means the name of the commercial feed which identifies it as
to kind, class or specific use;
(12) "Label" means a display of written, printed or graphic matter upon or affixed
to the container in which a commercial feed is distributed, or on the invoice or delivery
slip with which a commercial feed is distributed;
(13) "Labeling" means any written, printed or graphic matter (A) upon a commercial
feed or any of its containers or wrapper, or (B) accompanying such commercial feed;
(14) "Ton" means a net weight of two thousand pounds avoirdupois;
(15) "Per cent" or "percentages" means percentages by weights;
(16) "Official sample" means a sample of feed taken by the Commissioner of Agriculture, or his designee, in accordance with the provisions of section 22-118r;
(17) "Contract feeder" means a person who, as an independent contractor, feeds
commercial feed to animals pursuant to a contract whereby such commercial feed is
supplied, furnished or otherwise provided to such person and whereby such person's
remuneration is determined all or in part by feed consumption, mortality, profits or
amount or quality of product;
(18) "Pet food" means any commercial feed prepared and distributed for consumption by pets;
(19) "Pet" means any domesticated animal normally maintained in or near the
household of the owner thereof;
(20) "Specialty pet food" means any commercial feed prepared and distributed for
consumption by specialty pets;
(21) "Specialty pet" means any domesticated animal pet normally maintained in a
cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds,
mynahs, finches, tropical fish, goldfish, snakes and turtles;
(22) "Quantity statement" means the net weight (mass), net volume (liquid or dry)
or count;
(23) "Commissioner" means the Commissioner of Agriculture; and
(24) "Director" means the director of the Connecticut Agricultural Experiment
Station.
(P.A. 98-69, S. 1, 14.)
History: P.A. 98-69 effective July 1, 1998.
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(b) No person shall distribute in this state a commercial feed, except a customer-
formula feed, which has not been registered pursuant to the provisions of this section.
The application for registration shall be submitted in the manner prescribed by the commissioner. Upon approval by the commissioner the registration shall be issued to the
applicant. All registrations shall expire on the thirty-first day of December of each year.
A distributor shall not be required to register any commercial feed which is already
registered under this chapter by another person.
(c) The commissioner may refuse registration of any commercial feed not in compliance with the provisions of sections 22-118k to 22-118v, inclusive, and cancel any
registration subsequently found not to be in compliance with any provision of said
sections provided no registration shall be refused or canceled unless the registrant is
given an opportunity to be heard before the commissioner and to amend his application
in order to comply with the requirements of sections 22-118k to 22-118v, inclusive.
(P.A. 98-69, S. 2, 14.)
History: P.A. 98-69 effective July 1, 1998.
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(b) In case of a commercial feed, except a customer-formula feed, the feed shall be
accompanied by a label bearing the following information: (1) The quantity statement;
(2) the product name and the brand name, if any, under which the commercial feed is
distributed; (3) the guaranteed analysis stated in such terms as the Commissioner of
Agriculture, by regulation adopted in accordance with the provisions of chapter 54,
determines is required to advise the user of the composition of the feed or to support
claims made in the labeling. In all cases the substances or elements shall be determinable
by laboratory methods such as the methods published by the Association of Official
Analytical Chemists International; (4) the common or usual name of each ingredient
used in the manufacture of the commercial feed provided the commissioner, by regulation adopted in accordance with the provisions of chapter 54, may permit the use of a
collective term for a group of ingredients which perform a similar function, or he may
exempt such commercial feeds, or any group thereof, from the requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers;
(5) the name and principal mailing address of the manufacturer or the person responsible
for distributing the commercial feed; (6) adequate directions for use for all commercial
feeds containing drugs and for such other feeds as the commissioner may require by
regulation as necessary for their safe and effective use; and (7) such precautionary statements as the commissioner by regulation determines are necessary for the safe and
effective use of the commercial feed.
(c) In the case of a customer-formula feed, the feed shall be accompanied by a label,
invoice, delivery slip or other shipping document bearing the following information:
(1) The name and address of the manufacturer; (2) the name and address of the purchaser;
(3) the date of delivery; (4) the product name and quantity statement of each commercial
feed and each other ingredient used in the mixture; (5) adequate directions for use for
all customer-formula feeds containing drugs and for such other feeds as the commissioner may require by regulation as necessary for their safe and effective use; (6) the
directions for use and precautionary statements as required by regulation; (7) if the feed
contains a drug, (A) the purpose of the drug or the claim statement, and (B) the established name of each active drug ingredient and the amount of each drug used in the final
mixture expressed in accordance with applicable regulations.
(P.A. 98-69, S. 3, 14.)
History: P.A. 98-69 effective July 1, 1998.
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(1) If its labeling is false or misleading in any way;
(2) If it is distributed under the name of another commercial feed;
(3) If it is not labeled as required in section 22-118m;
(4) If it purports to be or is represented as a commercial feed, or if it purports to
contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the Commissioner of Agriculture; or
(5) If any word, statement or other information required by or under authority of
sections 22-118k to 22-118v, inclusive, to appear on the label or labeling is not prominently placed thereon with such conspicuousness, compared with other words, statements, designs or devices in the labeling and in such terms as to render it likely to be
read and understood by the ordinary individual under customary conditions of purchase
and use.
(P.A. 98-69, S. 4, 14.)
History: P.A. 98-69 effective July 1, 1998.
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(P.A. 98-69, S. 5, 14.)
History: P.A. 98-69 effective July 1, 1998.
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(P.A. 98-69, S. 6, 14.)
History: P.A. 98-69 effective July 1, 1998.
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(P.A. 98-69, S. 7, 14.)
History: P.A. 98-69 effective July 1, 1998.
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(b) A separate notice shall be given for each such inspection but a notice shall not
be required for each entry made during the period covered by the inspection. Each
such inspection shall be commenced and completed with reasonable promptness. Upon
completion of the inspection, the person in charge of the facility or vehicle shall be so
notified.
(c) If the officer or employee making such inspection of a factory, warehouse or
other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, he shall give to the owner,
operator or agent in charge a receipt describing the samples obtained.
(d) If the owner of any factory, warehouse or establishment described in subsection
(a) of this section, or his agent, refuses to admit the commissioner or his designee to
inspect in accordance with subsections (a) and (b) of this section, the commissioner
may apply to the Superior Court for a warrant directing such owner or his agent to submit
the premises described in such warrant.
(e) The commissioner or his designee may enter upon any public or private premises
including any vehicle of transport during regular business hours to have access to, and
to obtain samples, and to examine records relating to distribution of commercial feeds.
(f) Sampling and analysis shall be conducted in accordance with methods published
by the Association of Official Analytical Chemists International, or in accordance with
other generally recognized methods.
(g) The results of all analyses of official samples shall be forwarded by the director
to the person named on the label and to the purchaser. When the inspection and analysis
of an official sample indicates a commercial feed has been adulterated or misbranded
and upon request within thirty days following the receipt of the analysis the director
shall furnish to the registrant a portion of the sample concerned.
(h) The commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample, as
defined in section 22-118k, and obtained and analyzed as provided in this section.
(P.A. 98-69, S. 8, 14.)
History: P.A. 98-69 effective July 1, 1998.
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(b) Any lot of commercial feed not in compliance with said provisions and regulations shall be subject to seizure on complaint of the commissioner to a court of competent
jurisdiction in the area in which said commercial feed is located. In the event the court
finds said commercial feed to be in violation of sections 22-118k to 22-118t, inclusive,
and orders the condemnation of said commercial feed, it shall be disposed of in any
manner consistent with the quality of the commercial feed and the laws of the state
provided, in no instance shall the disposition of said commercial feed be ordered by the
court without first giving the claimant an opportunity to apply to the court for release
of said commercial feed or for permission to process or relabel said commercial feed
to bring it into compliance with sections 22-118k to 22-118t, inclusive, and regulations
adopted thereunder.
(P.A. 98-69, S. 9, 14.)
History: P.A. 98-69 effective July 1, 1998.
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(P.A. 98-69, S. 10, 14.)
History: P.A. 98-69 effective July 1, 1998.
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(P.A. 98-69, S. 11, 14.)
History: P.A. 98-69 effective July 1, 1998.
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