Sec. 22-127. Definitions. The terms defined in this section shall, as used in this chapter, have the meanings set forth herein unless otherwise clearly indicated in the context or unless changed by regulation of the Milk Regulation Board pursuant to section 22-133.
(1) "Acidified milk and milk products" are milk and milk products obtained by the addition of food grade acids to milk and milk products, resulting in a product acidity of not less than two-tenths of one per cent expressed as lactic acid. Optional ingredients approved by the commissioner may be added.
(2) "Buttermilk" is a product resulting from the churning of milk or cream, or from the souring or treatment by a lactic acid, or other culture of milk, skimmed milk, approved milk, low-fat milk or a combination thereof. It shall contain not less than eight and one- fourth per cent milk solids-not-fat. Optional ingredients approved by the commissioner may be added.
(3) "Commissioner" means the Commissioner of Agriculture.
(4) "Cream" has the meaning assigned to it by section 22-162.
(5) "Eggnog" is the food containing dairy ingredients, nutritive sweeteners, flavoring ingredients and color additives. It shall contain not less than six per cent butterfat and not less than one per cent egg yolk solids.
(6) "Filled milk" means any combination of nonmilk fat or oil with skim milk, whether or not it is fresh, cultured, reconstituted, or modified by the addition of nonfat milk solids, with or without milkfat, so that the product, including stabilizers, emulsifiers or flavoring, resembles milk or any other fluid milk product, and contains less than six per cent nonmilk fat or oil.
(7) "Flavored milk" or "chocolate milk" means a fluid milk product prepared by mixing chocolate or other flavors with milk, low-fat milk, skim milk and such products as stabilizers, sugar or other sweetening matter.
(8) "Fortified low-fat milk" is partially skimmed milk from which a sufficient portion of the butterfat has been removed to reduce its butterfat percentage to not less than one-half per cent and not more than two per cent and to which milk solids have been added from sources approved by the commissioner, provided the total milk solids-not- fat in this product shall constitute not less than ten per cent of such product.
(9) "Fresh milk" is milk which arrives at the dealer's plant within forty-eight hours after milking.
(10) "Gaging milk" is the act of measuring the quantity of milk in dairy farm bulk milk cooling tanks in compliance with methods and by equipment approved by the Commissioner of Consumer Protection.
(11) "Goats' milk" is the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats. Goats' milk shall comply with all requirements specified by the Milk Regulation Board.
(12) "Half and half" is a product consisting of a blend of cream and milk or skimmed milk which contains ten and one-half per cent or more but less than eighteen per cent butterfat. It may or may not contain milk solids-not-fat. The milk solids-not-fat that may be added shall come from concentrated skimmed milk or nonfat dry milk or both from sources which are approved by the commissioner.
(13) "Homogenized milk" is milk which has been treated in such manner as to insure breakup of the fat globules to such an extent that, after forty-eight hours' quiescent storage, no visible cream separation occurs on the milk and the fat percentage of the top one hundred cubic centimeters of milk in a quart bottle, or of proportionate volumes in containers of other sizes, does not differ by more than ten per cent of itself from the fat percentage of the remaining milk as determined after thorough mixing.
(14) "Low-fat milk" is partially skimmed milk from which a sufficient portion of the butterfat has been removed to reduce its butterfat percentage to not less than one- half per cent and not more than two per cent.
(15) "Manufactured dairy product" means yogurt, cheese, cream cheese, cottage cheese, ricotta cheese, or sour cream which is derived from milk.
(16) "Milk" is the lacteal secretion obtained by the complete milking of one or more healthy cows, excluding that obtained fifteen days before or five days after calving, or such longer period as may be necessary to render the milk practically colostrum free.
(17) "Milk fat" or "butterfat" is the fat of milk.
(18) "Milk products" are milk, or the products derived therefrom, which conform to the appropriate legal standard or definition for the specific product as defined in this chapter or regulations adopted under this chapter.
(19) "Pasteurization" or "pasteurized" means the process of heating every particle of milk or milk product in properly designed and operated equipment, to one of the temperatures given in the following table and held continuously at or above that temperature for at least the corresponding specified time, or other time/temperature relationship which has been demonstrated to be equivalent thereto in microbial destruction:

Temperature	Time
145 degrees Fahrenheit	30 minutes
161 degrees Fahrenheit	15 seconds
191 degrees Fahrenheit	1 second
204 degrees Fahrenheit	0.05 seconds
212 degrees Fahrenheit	0.01 seconds

If the fat content of the milk product is ten per cent or more, or if it contains added sweeteners, the temperature shall be increased by five degrees Fahrenheit.
(20) "Public eating places" are all places where meals are served in schools and colleges, both public and private, hotels, restaurants, clubs, lunch rooms, bars, fountains and boarding houses, private families keeping fewer than six boarders excepted, and shall include any place of public entertainment.
(21) "Skimmed milk" or "nonfat milk" is milk from which a sufficient portion of the butterfat has been removed to reduce its butterfat percentage to one-half of one per cent or less. "Fortified skimmed milk" or "fortified nonfat milk" is milk from which a sufficient portion of the butterfat content has been removed to reduce the butterfat content to one-half of one per cent or less and to which milk solids have been added from sources approved by the commissioner, provided the total milk solids-not-fat in this product shall constitute not less than ten per cent of such product.
(22) "Sour cream", "soured cream" or "salad cream" is cream which contains not less than eighteen per cent milk fat and the acidity of which is not less than one-half of one per cent calculated as lactic acid. Optional ingredients approved by the commissioner may be added.
(23) "Ultra-high-temperature processed and aseptically packaged milk and milk product" means a product which is hermetically sealed in a container and thermally processed in conformance with the Code of Federal Regulations so as to render the product free of (A) microorganisms capable of reproducing in the product under normal unrefrigerated conditions of storage and distribution and (B) viable microorganisms which are significant to public health.
(24) "Ultrapasteurized" means a milk product which has been thermally processed at or above two hundred eighty degrees Fahrenheit for two or more seconds, either before or after packaging, in order to produce a product which has an extended shelf life when refrigerated.
(25) "Vitamin D milk" is milk, the vitamin D content of which has been increased by a method approved by the commissioner to at least four hundred United States Pharmacopoeia units per quart.
(26) "Yogurt", "low-fat yogurt" and "nonfat yogurt" are the products defined in the Code of Federal Regulations, Title 21, Part 131, Sections 200, 203 and 206, respectively.
(27) "Handler" means any person, firm, corporation or cooperative association engaged in the receiving, handling, distribution or sale of fluid milk or milk products, which fluid milk or milk products, in whole or in part, is intended for bottling, manufacturing, processing, distribution or sale in this state.
(1949 Rev., S. 3175; 1951, 1953, S. 1731d; 1957, P.A. 359, S. 1; 419; 1959, P.A. 637, S. 2; 1961, P.A. 67; 188; 518, S. 1; 1963, P.A. 173, S. 1; February, 1965, P.A. 412, S. 1; 1969, P.A. 56, S. 1; 1971, P.A. 872, S. 446, 448; P.A. 85-119, S. 1; P.A. 90-66, S. 1; P.A. 91-312, S. 1; P.A. 93-320, S. 2.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 acts deleted definition of "milk drinks" as "the same as flavored milk", incorporating references to milk drinks in following definition of "flavored milk", defined "low fat milk" and included reference to it in definition of "milk products" and replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1963 act defined "fortified low fat milk"; 1965 act allowed addition of optional ingredients in sour cream and buttermilk, redefined buttermilk to require eight and one-fourth per cent rather than eight per cent milk-solids- not-fat and to replace "wholesome milk products" with "approved milk, low fat milk or a combination thereof", defined "acidified milk and milk products" and "half and half" and added references to "soured cream", "salad cream" and "half and half" under "milk products"; 1969 act added reference to milk regulation board's power to change definitions and redefined "milk products" by replacing list of products included with general statement; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 85-119 revised the definition of sour cream to establish a milk fat content and increased the permitted acidity from two-tenths of one per cent to one-half of one per cent, revised the definition of low-fat milk to reduce the minimum butterfat percentage from a range of one and three-quarters of one per cent to two and one-quarter per cent to a range of one-half per cent to two per cent, revised the definition of fortified low-fat milk to reduce the minimum butterfat percentage from a range of one and three-quarters per cent to two and one-quarter per cent to a range of one-half per cent to two per cent, and revised the definition of half and half to increase the minimum milk fat content from ten to ten and one-half per cent; P.A. 90-66 defined "ultrapasteurized" and "aseptically processed milk and milk product"; P.A. 91-312 alphabetized definitions, revised definitions of "fortified low-fat milk", "goats' milk", "half and half", "fortified skimmed milk" or "fortified nonfat milk" and "ultrapasteurized", added definitions of "eggnog", "filled milk", "manufactured dairy product", "pasteurization" or "pasteurized" and "yogurt", "low-fat yogurt" and "nonfat yogurt", replaced "commissioner of weights and measures" with "commissioner of consumer protection" in definition of "gaging milk" and replaced defined term of "aseptically processed milk and milk product" with "ultra- high-temperature processed and aseptically packaged milk and milk product"; P.A. 93-320 added Subdiv. (27) defining "handler"; (Revisor's note: In 1999, a reference in Subdiv. (27) to "mild products" was replaced editorially with "milk products" to correct a typographical error in P.A. 93-320).
See Secs. 22-152 to 22-156, inclusive, re milk standards.
See Sec. 22-162 re standard quality of cream.
See Sec. 22-194 for definition of "pasteurization".
This section deals with definitions only and its terms are not regulatory or prohibitory. 148 C. 341.

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Sec. 22-128. Powers and duties of commissioner. Access to premises. Removal or abatement of insanitary condition. Civil penalty. (a) The commissioner may employ such agents and assistants as are necessary to enforce the provisions of this chapter and the provisions of the regulations of the Milk Regulation Board and the orders of the commissioner as authorized by said board, and he and his deputy or agents and assistants, for the purpose of examining into any suspected violation of the provisions of this chapter, shall have free access, at all reasonable hours, to all places and premises, apartments of private families keeping no boarders excepted, in which he suspects that the laws relating to milk or any other milk product under his jurisdiction are being violated.
(b) The agents of any dealer, cooperative or other transportation agencies having knowledge or record of any consignment of milk and cream shall inform the commissioner or his deputy, agent or assistant of such consignment and the name of the consignee when requested by the commissioner or his deputy, agent or assistant.
(c) The commissioner or his deputy, agent or assistant shall make an examination of the premises of any farm or dairy, or any place in which cattle, dairy stock or other domestic animals are kept within this state, in which any insanitary condition liable to affect the products of such farm or dairy exists, or is reported or suspected to exist. When any such condition is found by him, he shall notify the owner or occupant of the premises upon which such condition exists to remove or abate the same at the expense of such owner or occupant, within such time as the commissioner or his deputy, agent or assistant directs; and he may, by notice in writing to the owner or occupant, prohibit the sale of any milk or milk products produced on any farm or in any dairy, the owner or occupant of which fails to comply with any order of the commissioner or his deputy, agent or assistant to remove or abate any insanitary condition existing on such premises which is liable to affect the products of such farm or dairy, until such insanitary condition is removed or abated to the satisfaction of the commissioner or his deputy, agent or assistant, and such prohibition shall be terminated by him in writing, but such prohibition may remain in effect five days at the discretion of the commissioner.
(d) Any person who refuses the access provided for herein to the commissioner, his deputy, agent or assistant, or who sells any milk or milk products of any farm or dairy, the sale of which has been prohibited as herein provided, shall be assessed a civil penalty in accordance with the provisions of section 22-7.
(1949 Rev., S. 3176; 1949, S. 1732d; 1961, P.A. 190; P.A. 84-34, S. 2; P.A. 91-312, S. 43; May 25 Sp. Sess. P.A. 94- 1, S. 85, 130.)
History: 1961 act replaced agents of "railroads and express companies" with agents of "any dealer, cooperative or other transportation agencies"; P.A. 84-34 added reference to Sec. 22-162a; P.A. 91-312 divided section into Subsecs., amended Subsec. (a) to delete reference to Sec. 22-162a since said Sec. already included in existing reference to "this chapter" and amended Subsec. (d) to replace criminal penalty of a fine of not more than twenty-five dollars or imprisonment of not more than thirty days or both with provision for the assessment of a civil penalty and to delete provision that evidence of violation of any provision of this section shall be prima facie evidence of wilful violation; May 25 Sp. Sess. P.A. 94-1 made a technical change in Subsec. (d) for accuracy, effective July 1, 1994.
Cited. 111 C. 440.

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Sec. 22-128a. Schedule of fees. The Commissioner of Agriculture shall adopt regulations in accordance with the provisions of chapter 54 establishing a schedule of fees sufficient to cover the reasonable cost of reviewing and acting upon an application for, and monitoring of compliance with, the terms and conditions of any approval, examination, license or permit concerning the production and marketing of milk and milk products.
(P.A. 91-312, S. 2, 48.)

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Sec. 22-129. Sale and distribution prohibited. The Commissioner of Agriculture or his deputy shall prohibit the sale or distribution of any milk or other milk product which is insanitary or detrimental to health, and which has not been produced, cared for or handled in the manner prescribed in this chapter and by the regulations of the Milk Regulation Board.
(1949 Rev., S. 3211; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture.

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Sec. 22-129a. Seizure and quarantine. (a) The Commissioner of Agriculture may seize, destroy, dispose of or quarantine any milk or milk product that does not comply with the provisions of this chapter or regulations adopted hereunder and is deemed to be unfit or unsafe for use as a food or is a threat to public health.
(b) Whenever the commissioner finds or has probable cause to believe that any milk or milk product is adulterated, misbranded or deleterious to health, he may affix to such milk or milk product a tag or other appropriate marking, giving warning that such milk or milk product is or is suspected of being adulterated or misbranded. No person shall remove or dispose of such milk or milk product by sale or otherwise without the express permission of the commissioner or his duly authorized agent. Before destruction or other disposition of perishable fluid milk or milk products, the commissioner shall conduct a hearing for the owner or custodian of such milk or milk product to show cause why such milk or milk product should not be destroyed or disposed of in a manner authorized by the commissioner. Notice of the hearing shall be in writing and shall be served upon the owner or custodian not less than forty-eight hours before such hearing. The hearing shall be conducted not more than ten days after the tagging or marking of any milk product and not more than three days after the tagging or marking of any perishable fluid milk.
(c) Following such hearing the commissioner shall make a determination as to whether such milk or milk product is unsafe for use as a food or is detrimental to public health and may order the owner or custodian to destroy or dispose of such milk or milk product. The commissioner shall supervise the destruction or other disposition of such milk or milk product. The owner or custodian of such milk or milk product shall pay the costs of storage, handling and other incidental expenses.
(d) Any person aggrieved by the determination of the commissioner may appeal therefrom in accordance with the provisions of section 4-183.
(e) The commissioner shall not be liable for any damages caused by the tagging or marking of any milk or milk products pursuant to this section unless a court finds there was no probable cause for such tagging or marking.
(P.A. 85-281, S. 1, 2.)

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Sec. 22-130. Authority of commissioner limited. The powers and duties of the Commissioner of Agriculture under this chapter shall not be construed to include the inspection of cheese foods and chocolate drinks.
(1951, S. 1772d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 76-132, S. 1, 2; P.A. 84-34, S. 3.)
History: 1959 act replaced commissioner and department of agriculture with commissioner and department of agriculture, conservation and natural resources; 1961 act replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 76-132 deleted butter, cheese and milk products with gas added to simulate whipped cream as products exempt from commissioner's inspection; P.A. 84-34 deleted reference to inspection of egg nog beverages.
See Sec. 22-162a re egg nog beverages.

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Sec. 22-131. Milk Regulation Board. (a) In accordance with section 4-9a, the Governor, with the advice and consent of either house of the General Assembly, shall appoint six electors of the state, two of whom are actively engaged in the sale and distribution of milk, two of whom have no active or financial interest in the production or sale of milk, and two of whom are actively engaged in the production of milk, which six electors, with the Commissioner of Public Health, or his designee, and the Commissioner of Agriculture, shall constitute the Milk Regulation Board. The Governor, for cause, after a public hearing, may remove any appointed member of the board.
(b) The Milk Regulation Board shall keep a record of all its proceedings. The Commissioner of Agriculture shall be the chairperson of the board, shall enforce the regulations established by the board and shall further administer any other duties prescribed by the board. The office of the Commissioner of Agriculture shall be the office of the board. Each of the six members of the Milk Regulation Board appointed under the provisions of this section shall receive seventy-five dollars for each day the member attends a meeting of the board. The total payments to each member shall not exceed seven hundred fifty dollars each year, such payments to be made from the appropriations made for the Commissioner of Agriculture.
(1949 Rev., S. 3207; 1953, 1955, S. 1752d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 74- 150, S. 4; P.A. 77-614, S. 323, 610; P.A. 78-48, S. 1; P.A. 80-145; P.A. 91-312, S. 4; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 74-150 substituted "1977" for "1973" and deleted requirement that member who has no interest in production of milk be a woman; P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; P.A. 78-48 deleted reference to milk administrator as board member; P.A. 80-145 replaced previous appointment date and term provisions with provision for appointment in accordance with Sec. 4-9a, retaining board composition as before, and deleted reference to commissioner of agriculture as board chairman; P.A. 91-312 divided sections into Subsecs., provided that the commissioner of agriculture shall be the chairperson of the board, changed the per diem compensation of the members from "twenty dollars and necessary expenses" to "seventy-five dollars" and increased the maximum total annual payment from three hundred fifty to seven hundred fifty dollars; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
See title 2c re termination under "Sunset Law".
Cited. 111 C. 440.

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Sec. 22-131a. Transfer of Milk Regulation Board to Department of Consumer Protection. Section 22-131a is repealed.
(P.A. 77-614, S. 268, 610; P.A. 81-472, S. 158, 159.)

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Sec. 22-132. Meetings of Milk Regulation Board. The Milk Regulation Board shall hold regular quarterly meetings in January, April, July and October. Special meetings may be called by the chairman. Upon request of any three members, the chairman or, in his absence or inability, the clerk shall call a special meeting of the board.
(1949, S. 1754d.)

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Sec. 22-133. Regulations of Milk Regulation Board. (a) To assure the consumers of the state milk products of at least standard quality, and to assure to the residents of Connecticut an adequate and regular supply of such milk at all times, the Milk Regulation Board shall adopt regulations in accordance with the provisions of chapter 54, which may include, but not be limited to, definitions, standards of identity, production, transportation, processing, handling, sampling, examination, grading, labeling, regrading and sale of milk and milk products. The Milk Regulation Board may adopt regulations which incorporate by reference the provisions of the federal Pasteurized Milk Ordinance promulgated by the United States Food and Drug Administration provided such regulations shall be consistent with any regulations adopted under section 22-211a, and further provided such regulations may by reference specifically incorporate any future amendment to said ordinance. The board may by regulation establish standards for inspection of pasteurizing plants, and farms supplying such plants, to preserve the public health and maintain the economic status of Connecticut producers. In exercising its authority, the board shall consider (1) the welfare of the milk producer, the milk dealer and the consuming public, and the need to maintain a constant and adequate supply of fluid milk of at least standard quality; (2) the recommended methods promulgated by recognized authorities for the production, handling and transportation of fluid milk and milk products, and additional methods for the production, handling and transportation of milk; (3) the recommended methods promulgated by recognized authorities for dairy plant operations in the handling, storage, processing, bottling and labeling of all grades and types of milk, cream and milk products, together with the quality of the dairy products and materials, if any, used in the processing of such products; (4) the healthfulness and quality of all grades and types of milk, cream and milk products, when said board may be guided by recommendations promulgated by recognized authorities on health and nutrition; (5) whether or not the various grades, such as grade A milk, and types, such as homogenized, pasteurized, vitamin D and vitamin-mineral-fortified milk, flavored milks, low-fat milk or skimmed milk, handled by a dealer, may be handled, processed, advertised, offered for sale or sold without false advertising, deception, fraud or misrepresentation; (6) the necessity for clearly distinguishing whole milk, low-fat milk and skimmed milk in the labeling of such milk so as to prevent confusion, deception and misrepresentation; (7) the standards for maintaining the economic status of Connecticut producers and supply and demand factors for inspecting farms and plants provided by sections 22-175 to 22-180, inclusive, 22-182, 22-183, 22-184 and 22-195; (8) other economic considerations applicable to inspection of farms and plants such as, but not limited to, distance from the Connecticut market; adequacy of pasteurization facilities within the state and in towns, cities or boroughs adjoining the state boundary line; the quantities of milk which normally are consumed in the Connecticut market and the current trends in that consumption, seasonal and others; the frequency with which current inspections are made and the personnel and other resources available for such inspections; the effects additional inspections will have on the rigor of such inspections, and their cost and efficiency; the quantities of milk which would be available from different sources; the relative accessibility of different sources and the relative ease with which milk may be transported from such sources; the seasonal patterns of production and milk deliveries at different sources; the economic standards for inspecting farms and plants that apply in other adjacent areas; the time which would be required to deliver milk to the Connecticut market from different sources, and the reliability of different sources both from the standpoint of quality and quantity of milk; (9) the sanitary standards, requirements and procedures recommended by the United States Department of Health and Human Services in the Grade A Pasteurized Milk Ordinance.
(b) The regulations adopted pursuant to subsection (a) of this section shall ensure substantial compliance with the health and sanitation provisions of the Grade A Pasteurized Milk Ordinance recommended by the United States Department of Health and Human Services, Milk Safety Branch.
(1949, 1951, S. 1755d, 1756d; 1961, P.A. 518, S. 2; 1963, P.A. 248; 1967, P.A. 163, S. 1; 1971, P.A. 3, S. 1; P.A. 83- 587, S. 38, 96; P.A. 91-312, S. 5; P.A. 96-55, S. 1.)
History: 1961 act made issuance of regulations mandatory rather than optional by replacing "may" with "shall", included low fat milk in Subdiv. (e) and added Subdiv. (f) requiring consideration of necessity for distinguishing between types of milk to prevent confusion, etc.; 1963 act required that regulations assure residents of adequate and regular milk supply, allowed board to establish standards for inspection of pasteurizing plants and farms and added Subdivs. (g) and (h) re economic considerations; 1967 act deleted reference to repealed Sec. 22-196 in Subdiv. (g); 1971 act made minor changes to Subdivs. (e) and (f) substituting "low-fat" for "low fat", etc.; P.A. 83-587 deleted reference to Sec. 4-45; P.A. 91-312 divided section into Subsecs., amended Subsec. (a) to replace detailed provisions re the notice and hearing procedure for the issuance of regulations with requirement that the board "adopt" regulations "in accordance with the provisions of chapter 54", provide that the regulations may include definitions and standards of identity, provide that standards for inspection of pasteurizing plants be established "by regulation", redesignate former Subdivs. (a) to (h), inclusive, as Subdivs. (1) to (8), inclusive, respectively, replace "standard quality milk" with "fluid milk and milk products" and delete reference to milk "of a higher grade or special type" in Subdiv. (2), replace "milk, grade A or certified", with "grade A milk", in Subdiv. (5) and add Subdiv. (9) re sanitary standards, requirements and procedures recommended by the U.S. Department of Health and Human Services, and added Subsec. (b) requiring the regulations to ensure compliance with the health and sanitation provisions of the Grade A Pasteurized Milk Ordinance; P.A. 96-55 amended Subsec. (a) to authorize adoption of regulations which incorporate future amendments to the federal Pasteurized Milk Ordinance.
Former statute cited. 111 C. 436.

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Sec. 22-134. Violation of regulations of board or orders of commissioner. Civil penalty. No person shall engage in the production, care, marketing or sale of milk or cream unless he has complied with the regulations of said board. Any person who violates any provision of this section or of any regulation established by said board or of any order of said commissioner duly authorized shall be assessed a civil penalty in accordance with the provisions of section 22-7.
(1949 Rev., S. 3212; P.A. 91-312, S. 6; May 25 Sp. Sess. P.A. 94-1, S. 84, 130.)
History: P.A. 91-312 replaced the criminal penalty of a fine of not more than one hundred dollars or imprisonment of not more than thirty days or both with provision for the assessment of a civil penalty; May 25 Sp. Sess. P.A. 94-1 made a technical change for accuracy, effective July 1, 1994.
Cited. 111 C. 440.

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Sec. 22-135. Labeling. Section 22-135 is repealed, effective July 1, 1998.
(1949, 1951, S. 1756d; February, 1965, P.A. 171; P.A. 91-312, S. 7; P.A. 98-12, S. 21, 22.)

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Sec. 22-136. Licensing of weighers, gagers, samplers and testers of milk and cream. Examination fees. Revocation of license. (a) The Milk Regulation Board shall adopt regulations in accordance with the provisions of chapter 54 for the examination and licensing of persons who may engage in the weighing, gaging, sampling or testing of milk or cream which is to be bought or sold on the basis of the butterfat content or the bacterial count, or for the purpose of determining the butterfat content or bacterial count for publication or for advertising purposes, or for use as the basis of reports to any person other than their employers.
(b) The commissioner shall administer the regulations. Applications for examinations shall be made in writing to the commissioner. Any fees for such applications shall be established by the commissioner pursuant to section 22-128a. The commissioner shall designate the time and place of holding the examinations, and may issue, to any person who has complied with the regulations for the examination and has passed the same to the satisfaction of the commissioner, a license to weigh or gage, sample or test any milk or cream.
(c) The license shall be valid for one year and may be renewed for a period of five years upon written application to the commissioner accompanied by a fee of twenty- five dollars if submitted between July 1, 1991, and July 1, 1992. On and after July 1, 1992, such fee shall be established by the commissioner pursuant to section 22-128a.
(d) The license may be revoked by the commissioner, after hearing and upon notice to the licensee, for dishonesty, incompetency, inaccuracy or violation of any provision of this section or sections 22-138 to 22-141, inclusive.
(e) No person shall take any sample or test any milk or cream for the purpose of determining its butterfat content or its bacterial count except as provided in this section, and nothing in this section shall be construed to prevent private testing and sampling for plant purposes. Any person not holding a license may take any unbroken package of milk or cream as a sample.
(1949 Rev., S. 3177; 1949, S. 1733d; 1957, P.A. 359, S. 2, 1961, P.A. 213; 1967, P.A. 78; 1969, P.A. 21; P.A. 82-91, S. 11, 38; P.A. 91-312, S. 8, 48; P.A. 97-234, S. 4.)
History: 1961 act allowed regulation of determination of butterfat content or bacterial count for use as basis of reports to persons other than employers, restated provision re examination fees, allowed renewals for five years rather than for one and raised renewal fee from one to five dollars, accordingly; 1967 act changed expiration date of initial license to one year from date of issuance rather than December thirty-first following issuance; 1969 act added reference to regulations re licensing, deleted requirement that examinations conform to specifications for testing milk and cream adopted by Association of Official Agricultural Chemists or American Public Health Association and replaced reference to Sec. 22- 144 with reference to Sec. 22-141; P.A. 82-91 increased examination fee for weigher's or gager's license from $1.00 to $5.00, increased examination fee for sampler's license from $2.00 to $5.00, increased examination fee for tester's license from $3.00 to $5.00, increased fee for bacteriological examinations from $3.00 to $5.00 and increased license renewal fee from $5.00 to $10.00; P.A. 91-312 divided section into Subsecs., amended Subsec. (b) to make technical change and increase all examination fees from five to fifteen dollars for applications submitted between July 1, 1991, and July 1, 1992, and provide that on and after July 1, 1992, such fees shall be established by the commissioner pursuant to Sec. 22-128a, amended Subsec. (c) to increase the license renewal fee from ten to twenty-five dollars for an application submitted between July 1, 1991, and July 1, 1992, and provide that on and after July 1, 1992, such fee shall be established by the commissioner pursuant to Sec. 22-128a, and amended Subsec. (d) to replace reference to repealed Sec. 22-137 with reference to Sec. 22- 138; P.A. 97-234 amended Subsec. (b) to delete provisions re fees for examinations under this section and provided that any such fees shall be established by the commissioner under Sec. 22-128a.

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Sec. 22-137. Permits for places where milk or cream is received. Section 22- 137 is repealed.
(1949 Rev., S. 3178; P.A. 91-312, S. 47.)

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Sec. 22-138. Fraudulent manipulation of samples or test; falsification of records. Civil penalty. No person, firm or corporation, or agent or employee thereof, engaged in the business of buying milk or cream on the basis of the percentage of butterfat contained therein, shall underread, overread or otherwise fraudulently manipulate the samples or the test used for determining the percentage of such fat in such milk or cream, or falsify the record thereof. Any person, firm or corporation, or agent or employee thereof, violating any provision of this section shall be assessed a civil penalty in accordance with the provisions of section 22-7.
(1949 Rev., S. 3179; 1949, S. 1734d; 1969, P.A. 50, S. 1; P.A. 91-312, S. 9; May 25 Sp. Sess. P.A. 94-1, S. 83, 130.)
History: 1969 act deleted requirement that test used for determining butterfat content be "Babcock test" and provisions re detailed conditions necessary for test to be made, i.e. required temperature, equipment, etc.; P.A. 91-312 replaced criminal penalty of a fine of not less than twenty-five dollars nor more than five hundred dollars or imprisonment of not more than twelve months or both with provision for the assessment of a civil penalty; May 25 Sp. Sess. P.A. 94-1 made a technical change for accuracy, effective July 1, 1994.

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Sec. 22-139. Tests to be made by licensed tester. (a) Each person, firm or corporation, or agent or employee thereof, engaged in the business of receiving or buying milk or cream on the basis of the percentage of butterfat contained therein as determined by any test approved by the Milk Regulation Board of samples taken in accordance with the regulations of the Milk Regulation Board, shall have the test or tests made only by a licensed tester, who shall be responsible for the same.
(b) Each licensed tester shall post his license in plain view in the testing room in which he is employed.
(c) The commissioner may suspend or revoke such license for failure to post it as required under this section. Each such license which has been revoked shall be returned to the commissioner.
(1949 Rev., S. 3180; 1969, P.A. 50, S. 2; 1972, P.A. 151, S. 1; P.A. 91-312, S. 10.)
History: 1969 act replaced reference to Babcock test with "any test approved by the Milk Regulation Board" and required that samples be taken in accordance with regulations of board rather than in accordance with repealed Sec. 22-142; 1972 act deleted word "composite" modifying "samples"; P.A. 91-312 divided section into Subsecs. and made technical change.

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Sec. 22-140. Samples to be taken by licensed samplers. (a) Each person, firm or corporation engaged in the business of buying milk or cream on the basis of the percentage of butterfat contained therein, as determined by any test approved by the Milk Regulation Board of samples taken in accordance with the regulations of the Milk Regulation Board, shall have the samples taken by a person holding a license to sample milk or cream.
(b) Each licensed sampler shall carry upon his person or post his license in plain view in the plant in which he is employed.
(c) The commissioner may revoke such license for failure to carry or post it as required under this section or for any other just cause. Each such license which has been revoked shall be returned to the commissioner.
(1949 Rev., S. 3181; 1969, P.A. 50, S. 3; 1972, P.A. 151, S. 2; P.A. 91-312, S. 11.)
History: 1969 act substituted "any test approved by the milk regulation board" for reference to Babcock test and required that samples be taken in accordance with board regulations rather than as provided in repealed Sec. 22-142; 1972 act deleted word "composite" modifying "samples"; P.A. 91-312 divided section into Subsecs. and made technical change.

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Sec. 22-141. Weighing or gaging to be by licensed weigher or gager. (a) Each person, firm or corporation engaged in the business of buying milk or cream by weight shall have such milk or cream weighed by a licensed weigher when such milk or cream is purchased or gaged by a licensed gager when such milk or cream is bought from or at a dairy farm, using a bulk milk cooling tank approved by the commissioner and currently calibrated for the measurement of milk quantity by the Commissioner of Consumer Protection.
(b) Each licensed weigher or gager shall have his license in his possession, or available for inspection, during working hours.
(c) The Commissioner of Agriculture may revoke any such weigher's license or gager's license for just cause. Each such license which has been revoked shall be returned to the commissioner.
(1949 Rev., S. 3182; 1957, P.A. 359, S. 3; 1969, P.A. 20; P.A. 91-312, S. 12.)
History: 1969 act replaced commissioner of weights and measures with commissioner of consumer protection and substituted "or" for "and" in phrase "licensed weigher and gager"; P.A. 91-312 divided section into Subsecs., amended Subsec. (a) to require milk or cream to be weighed when "purchased" rather than when "received in a plant licensed under section 22-137" and made technical changes.

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Secs. 22-142 to 22-144. Tests and samples. Division of sample at request of producer. Sampling and tests by commissioner; fees. Sections 22-142 to 22-144, inclusive, are repealed.
(1949 Rev., S. 3183−3185; 1949, S. 1735d; 1951, 1953, S. 1736d; 1957, P.A. 425; 1961, P.A. 252, S. 2.)

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Sec. 22-144a. Testing butterfat milk content. Section 22-144a is repealed, effective July 1, 1998.
(1961, P.A. 252, S. 1; P.A. 98-12, S. 21, 22.)

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Sec. 22-145. Disposition of fees. Section 22-145 is repealed.
(1949 Rev., S. 3186; 1959, P.A. 350, S. 1; P.A. 91-312, S. 47.)

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Sec. 22-146. Examination of records and apparatus. The commissioner and his agents are authorized to enter the premises and to examine the test and weight records and testing apparatus of any person, firm or corporation for the purpose of carrying out the provisions of sections 22-136 to 22-150, inclusive.
(1949 Rev., S. 3187; P.A. 91-312, S. 13.)
History: P.A. 91-312 replaced reference to repealed Sec. 22-149 with reference to Sec. 22-150.

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Sec. 22-147. Appeal. Any person, firm or corporation aggrieved by any decision of the commissioner regarding the enforcement of the provisions of sections 22-136 to 22-150, inclusive, may appeal therefrom in accordance with the provisions of section 4-183.
(1949 Rev., S. 3188; 1971, P.A. 870, S. 71; P.A. 76-436, S. 451, 681; P.A. 77-603, S. 92, 125; P.A. 91-312, S. 14.)
History: 1971 act deleted reference to appeals to superior court, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous detailed appeal provisions with statement requiring that appeals be made in accordance with Sec. 4-183; P.A. 91-312 replaced reference to repealed Sec. 22-149 with reference to Sec. 22-150.

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Sec. 22-148. Proceedings for violation. For the violation of any provision of sections 22-136 to 22-147, inclusive, proceedings may be instituted against either the owner or manager who is responsible for the business transacted, or the licensed tester of such milk or cream or the person weighing and sampling the same, or against all of such persons.
(1949 Rev., S. 3189.)

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Sec. 22-149. Penalty. Section 22-149 is repealed.
(1949 Rev., S. 3190; P.A. 91-312, S. 47.)

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Sec. 22-150. Registration of milk and butterfat laboratories. Fees. Approval of laboratories. Civil penalty. Revocation of registration. (a) No person, firm or corporation shall operate or maintain a laboratory in which any determination, examination or analysis is made of any samples of milk, cream, frozen desserts, milk product or milk beverage, or of any container or package used or intended to be used for holding any such product, unless such laboratory has been registered with the Department of Public Health. Such registration shall include the furnishing of the name of such laboratory, the location of such laboratory, the name of the person or persons owning or operating such laboratory and such additional information as said department requires regarding the tests made and the equipment and the personnel of such laboratory.
(b) No person, firm or corporation shall operate or maintain a laboratory in which any determination involving the weighing, sampling or testing of milk for butterfat content is performed unless such laboratory has been registered with the Department of Agriculture.
(c) On and after July 1, 1992, the commissioner shall charge a fee in an amount established pursuant to section 22-128a for such registration.
(d) Laboratory testing of any of such products shall be deemed the operating or maintaining of a laboratory.
(e) Before any laboratory results or findings on any of such products or any interpretation of the results or findings may be reported for use by any person, firm or corporation other than the one maintaining such laboratory, the person, firm or corporation operating or maintaining the laboratory shall apply to said department for approval of such laboratory and shall hold an unexpired certificate of such approval listing the test or tests which have been authorized to be made in the laboratory. Such approval shall be in conformity with requirements and standards promulgated by said department and shall be based upon the ability and qualifications, as determined by investigation or examination, of the person in charge of the laboratory and upon adequate and suitable housing, equipment and apparatus. Unless with the approval or at the direction of said department, no person, firm or corporation owning, operating or maintaining a laboratory shall knowingly permit the use of its results or findings or of any interpretation thereof for dissemination in the public press or as advertising if, in so doing, the producer, dealer or manufacturer of the product sampled is named or otherwise identified except when express permission of such producer, dealer or manufacturer has been granted.
(f) Any person, firm or corporation which violates any provision of this section shall be assessed a civil penalty in accordance with the provisions of section 22-7. The commissioner may revoke any registration required by subsection (a) of this section for any violation of this section.
(1949 Rev., S. 3192; 1951, S. 1737d; P.A. 77-614, S. 323, 610; P.A. 91-312, S. 15, 48; P.A. 93-381, S. 9, 39; May 25 Sp. Sess. P.A. 94-1, S. 82, 130; P.A. 95-257, S. 12, 21, 58; P.A. 97-234, S. 5.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 91-312 divided section into Subsecs., amended Subsec. (a) to make technical changes, added Subsec. (b) prohibiting the operation of a butterfat laboratory unless it has been registered with the department of agriculture, added Subsec. (c) requiring the commissioner to charge a registration fee of twenty-five dollars between July 1, 1991, and July 1, 1992, and in an amount established pursuant to Sec. 22-128a on and after July 1, 1992, amended Subsec. (e) to delete provision excluding laboratories established for the purpose of providing data for state or federal officials for the enforcement of dairy and pure food laws and excluding persons engaged in weighing, sampling or testing of milk or cream which is to be bought or sold on the basis of the butterfat content under the provisions of Secs. 2-136 to 22-149, inclusive, and amended Subsec. (f) to replace the penalty of a fine of not more than one hundred dollars with provision for the assessment of a civil penalty and to authorize the commissioner to revoke a registration required by Subsec. (a) for any violation of this section; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; May 25 Sp. Sess. P.A. 94-1 made a technical change in Subsec. (f) for accuracy, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-234 amended Subsec. (c) to delete an obsolete provision.

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Sec. 22-151. Certification of accuracy of bottle or pipette used to determine butterfat content. Civil penalty. Section 22-151 is repealed, effective October 1, 1997.
(1949 Rev., S. 3191; P.A. 91-312, S. 16; May 25 Sp. Sess. P.A. 94-1, S. 81, 130; P.A. 97-234, S. 11.)

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Sec. 22-152. Standard quality of milk. Any milk which is sold or exchanged or offered for sale or exchange shall be deemed to be sold, exchanged or offered as of standard quality, unless otherwise expressly stated at the time of such sale, exchange or offer. Milk of standard quality shall contain not more than eighty-eight and one-half per cent of watery fluid, not less than eleven and one-half per cent of milk solids, not less than eight and one-quarter per cent of solids not fat and not less than three and one-quarter per cent of butterfat, and the certificate of the director of the Connecticut Agricultural Experiment Station or chemist in charge thereof, or of the director of the laboratory of the Department of Public Health, shall be evidence of the composition of any milk.
(1949 Rev., S. 3193; 1951, 1953, S. 1738d; 1957, P.A. 312; 1961, P.A. 175; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1961 act deleted provisions limiting plate count bacterial colonies for unpasteurized milk to 300,000 per milliliter and for pasteurized milk to 30,000 per milliliter; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Power of municipalities to enact ordinances not in conflict with this section. 91 C. 69. Such an ordinance upheld. Id. Former statute cited. 103 C. 519; 111 C. 439. Cited. 148 C. 341.

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Sec. 22-153. Misbranded or adulterated milk. Civil penalty. (a) No person shall, by himself, his employee or agent, sell or exchange, or offer for sale or exchange, or have in his possession with intent to sell or exchange any milk which is misbranded or any milk diluted with water or adulterated by the addition of any foreign substance, or shall knowingly deliver or offer for delivery milk that is tainted or partly sour to any customer buying the same for milk.
(b) No municipality or subdivision thereof shall require a dealer to place on any bottle, container or label any words, designs or illustrations which are not approved, required or permitted by the Milk Regulation Board.
(c) Milk shall be deemed to be misbranded when it is not labeled with the name and address of the dealer, the common name of the product and any other labeling prescribed by the general statutes or the regulations of the Milk Regulation Board. The display or appearance of words, designs or illustrations on the label which are not so approved or prescribed shall also constitute misbranding.
(d) The use of materials in the processing of flavored milks, or the addition of approved vitamin A and D units in the processing of milk, low-fat milk or other milk products, or the use of materials, vitamins or other substances in grades or types of milk having the approval of the Milk Regulation Board shall not constitute adulteration under this section.
(e) Any person who violates any provision of this section shall be assessed a civil penalty in accordance with the provisions of section 22-7.
(1949 Rev., S. 3194; 1949, S. 1739d; 1963, P.A. 134; 1971, P.A. 3, S. 2; P.A. 91-312, S. 17; May 25 Sp. Sess. P.A. 94-1, S. 75, 130.)
History: 1963 act deleted prohibition against sale or intent to sell milk "which has been wholly or in part skimmed"; 1971 act provided that common name of standard quality milk shall be "milk" rather than "grade B" or "approved" milk; P.A. 91-312 divided section into Subsecs., replaced prohibition on the sale, "as of standard quality", milk which is "not of standard quality, as defined by sections 22-127 and 22-152" with prohibition on the sale of milk which is "misbranded", deleted provisions specifying the common names for standard quality milk, grade A milk and certified milk, provided that the addition of approved vitamin A units does not constitute adulteration, and replaced the criminal penalty of a fine of not less than seven dollars nor more than two hundred dollars for a first offense and such fine or imprisonment for not less than ten days nor more than six months or both for a subsequent offense with provision for the assessment of a civil penalty; May 25 Sp. Sess. P.A. 94-1 made a technical change for accuracy, effective July 1, 1994.

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Sec. 22-154. Evaporated milk; contents and labeling. (a) Evaporated milk is a milk product made by evaporating sweet milk so that it contains not less than seven and five-tenths per cent of butterfat and not less than twenty-five and five-tenths per cent of total milk solids. It may contain one or both of the following ingredients: (1) Disodium phosphate or sodium citrate or both, or calcium chloride, added in a total quantity of not more than one-tenth of one per cent by weight of the finished evaporated milk; and (2) vitamin D in such quantity as increases the total vitamin D content to not less than seven and five-tenths U.S.P. units per avoirdupois ounce of finished evaporated milk. Such milk may be homogenized and shall be sealed in a container and so processed by heat as to prevent spoilage. When vitamin D is present, as herein provided, the label on the container shall bear the statement, "With Increased Vitamin D Content" or "Vitamin D Content Increased". Such statement shall immediately and conspicuously precede or follow the name "Evaporated Milk", without intervening written, printed or graphic matter, wherever such name appears on the label so conspicuously as to be seen readily under customary conditions of purchase.
(b) For the purpose of this section: (1) The word "milk" means cow's milk; (2) such milk may be adjusted, before or after evaporation, by the addition or abstraction of cream or sweet skim milk, or by the addition of concentrated sweet skim milk; (3) the quantity of butterfat and the quantity of total milk solids shall be determined by methods prescribed in the latest edition of "Official and Tentative Methods of Analysis of the Association of Official Agricultural Chemists"; (4) vitamin D content may be increased by the application of radiant energy or by the addition of a concentrate of vitamin D, with any accompanying vitamin A when such vitamin D in such concentrate is obtained from natural sources, dissolved in a food oil; but if such oil is not butterfat, the quantity thereof added shall not be more than one-tenth of one per cent of the weight of the finished evaporated milk; (5) the quantity of vitamin D shall be determined by the method prescribed in the latest edition of the Pharmacopoeia of the United States of America, with such modification of the method of feeding as is necessary for evaporated milk instead of an oil.
(1951, S. 1740d; P.A. 77-214, S. 1; May 25 Sp. Sess. P.A. 94-1, S. 76, 130.)
History: P.A. 77-214 reduced butterfat and milk solids required in evaporated milk from seven and nine-tenths and twenty-five and nine-tenths per cent respectively, to seven and five-tenths and twenty-five and five-tenths per cent; May 25 Sp. Sess. P.A. 94-1 made technical changes, effective July 1, 1994.

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Sec. 22-155. Condensed milk. Plain condensed milk shall conform to the definition and standard of identity and be subject to the requirements for label statement of optional ingredients prescribed for evaporated milk in section 22-154, except that: (a) It shall not be processed by heat after being placed in the final container; (b) the container for such milk may be unsealed; (c) disodium phosphate, sodium nitrate or calcium chloride shall not be added; and (d) such milk is intended for industrial and manufacturing purposes.
(1951, S. 1741d.)

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Sec. 22-156. Sweetened condensed milk. Sweetened condensed skimmed milk. (a) Sweetened condensed milk is the food obtained by the partial removal of water only from a mixture of milk and a safe and suitable nutritive carbohydrate sweetener. The finished food shall contain not less than eight per cent by weight of milkfat and not less than twenty-eight per cent of total milk solids. The quantity of nutritive carbohydrate sweetener used in the food shall be sufficient to prevent spoilage. The food shall be pasteurized and may be homogenized.
(b) Sweetened condensed skimmed milk is the food obtained by the partial removal of water only from a mixture of skimmed milk and safe and suitable nutritive carbohydrate sweeteners. The finished food shall contain not more than five-tenths per cent by weight of milkfat unless otherwise indicated and not less than twenty-four per cent by weight of total milk solids. The quantity of nutritive carbohydrate sweeteners used in the food shall be sufficient to prevent spoilage. The food shall be pasteurized and may be homogenized.
(c) For the purpose of this section: (1) The word "milk" means cow's milk; (2) such milk may be adjusted, before or after evaporation, by the addition or abstraction of cream or sweet skim milk, or the addition of concentrated sweet skim milk; and (3) butterfat shall be determined by the method prescribed in the latest edition of "Official and Tentative Methods of Analysis of the Association of Official Agricultural Chemists".
(1951, S. 1742d; P.A. 77-214, S. 2; P.A. 82-152, S. 1; P.A. 91-312, S. 18.)
History: P.A. 77-214 reduced milk solids and butterfat required in sweetened condensed milk from twenty-eight and eight and five-tenths per cent, respectively to twenty-five and five-tenths and seven and five-tenths per cent; P.A. 82-152 redefined sweetened condensed milk and defined sweetened condensed skimmed milk to conform to the definition of such products in federal regulations; P.A. 91-312 amended Subsec. (a) to replace "nutritive sweetener" with "nutritive carbohydrate sweetener".

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Sec. 22-157. Requirements for evaporated or condensed milk not otherwise regulated. Evaporated, condensed or concentrated milk and milk products other than those defined in sections 22-154, 22-155 and 22-156, not processed in a sealed container and not otherwise defined by statute, shall be defined and regulations for them shall be established by the Milk Regulation Board in accordance with the provisions of section 22-133.
(1951, S. 1743d.)

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Sec. 22-158. Adulterated products. No person shall sell, exchange or offer or expose for sale or exchange, or have in his possession with intent to sell or exchange, any evaporated, condensed or sweetened condensed milk or sweetened condensed skimmed milk as defined in sections 22-154, 22-155 and 22-156 or any other evaporated, condensed or concentrated milk or milk product defined in regulations of the Milk Regulation Board under section 22-157, which has been adulterated.
(1951, S. 1744d; P.A. 82-152, S. 2.)
History: P.A. 82-152 prohibited the sale of adulterated sweetened condensed skimmed milk.

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Sec. 22-159. Skimmed milk or low fat milk. No person shall sell, or offer or expose for sale, or have in his possession with the intent to mix with other dairy products to be sold, milk from which the cream or any part thereof has been removed, unless the product is defined in section 22-127 or by regulation of the board or otherwise provided for in this chapter. Skimmed milk and low fat milk may be sold only in properly labeled milk bottles or other approved containers.
(1949 Rev., S. 3195; 1961, P.A. 518, S. 6; 1963, P.A. 173, S. 2; 1969, P.A. 56, S. 2.)
History: 1961 act revised prohibition to allow sale of milk with cream removed if product is defined as required rather than if it is "plainly labeled" and rephrased provision re sale of skimmed milk and applied it to low fat milk as well; 1963 act allowed sale of creamless milk if product is fortified low fat milk; 1969 act deleted reference to fortified low fat milk and added reference to board regulations.
Annotations to former statute:
Power of municipality to enforce ordinance inconsistent with this section. 67 C. 550; 73 C. 407. This section held not to prohibit the sale of milk with less than three and one-quarter per cent butterfat but more than one-half of one per cent butterfat, and an intent to prohibit such sale cannot be inferred from the fact that milk with that butterfat content is not included within the definition of skimmed milk in section 22-127. 148 C. 341.

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Sec. 22-160. Milk powder, evaporated milk or cream. Foreign milk powder. (a) No person shall sell or exchange, or offer for sale or exchange, or have in his possession with intent to sell or exchange, any milk powder or evaporated milk or cream except in the original packages in which the same are packed by the manufacturer or maker thereof, and each such package shall be plainly marked so as to show the contents thereof, the ingredients composing such contents and identification of the processing plant.
(b) No person shall sell or exchange, or offer for sale or exchange, or have in his possession with intent to sell or exchange, any milk powder in this state originating from any country or area outside the United States unless such country or area is certified to be free from rinderpest, African swine fever and foot and mouth disease by the United States Department of Agriculture and the Commissioner of Agriculture.
(1949 Rev., S. 3197; 1967, P.A. 80; P.A. 76-148, S. 1.)
History: 1967 act required that package be marked to identify processing plant; P.A. 76-148 added Subsec. (b) re sales of milk powder from foreign country.

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Sec. 22-161. Penalties. Section 22-161 is repealed.
(1949 Rev., S. 3198; P.A. 76-148, S. 2; P.A. 91-312, S. 47.)

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Sec. 22-162. Standard quality of cream. Civil penalty. (a) The term "cream", as used in this chapter, means that portion of milk which rises to the surface of unagitated, unadulterated milk while standing, or is separated from it by centrifugal force, and contains not less than eighteen per cent of butterfats. Cream containing any foreign substance shall be considered adulterated.
(b) Unless otherwise provided by regulation under section 22-133, cream with a butterfat content of ten and one-half per cent or more but less than eighteen per cent shall be termed "half and half"; cream with a butterfat content of eighteen per cent or more but less than thirty per cent shall be labeled "light cream"; cream with a butterfat content of thirty per cent or more but less than thirty-five per cent shall be labeled "light whipping cream" or "medium or all purpose cream" and cream containing thirty-six per cent or over of butterfat shall be labeled "heavy cream" or "heavy whipping cream".
(c) Standard quality milk, skimmed milk and cream may be used for standardizing cream.
(d) No person shall sell or exchange, or offer for sale or exchange, or have in his possession with intent to sell or exchange, any cream which is not of standard quality or any cream which has been adulterated by the addition of any foreign substance, or any cream containing less than ten and one-half per cent of butterfat.
(e) Any person who violates any provision of this section shall be assessed a civil penalty in accordance with the provisions of section 22-7.
(1949 Rev., S. 3199; 1949, S. 1746d; 1957, P.A. 310; 521; 1961, P.A. 170; 1969, P.A. 56, S. 3; P.A. 85-119, S. 2; P.A. 91-312, S. 19; May 25 Sp. Sess. P.A. 94-1, S. 80, 130.)
History: 1961 deleted provisions limiting plate count bacterial colonies in unpasteurized cream to 200,000 per milliliter and in pasteurized cream to 60,000 per milliliter; 1969 act added qualifying phrase "Unless otherwise provided by regulation under section 22-133"; P.A. 85-119 reduced the ranges of permitted butterfat content for half and half, light cream, light whipping cream and medium or all purpose cream; increased from ten to ten and one-half the butterfat content of any cream that may be sold and raised the fine for first violations from one to two hundred dollars and established a penalty for subsequent violations; P.A. 91-312 divided section into Subsecs., amended Subsec. (a) to increase from twelve to eighteen per cent the minimum butterfat content of cream, amended Subsec. (b) to delete labeling designation of "extra light cream, butterfat content not less than twelve per cent" for cream with a butterfat content of twelve per cent or more but less than eighteen per cent, and amended Subsec. (e) to replace the criminal penalty of a fine of not more than two hundred dollars for the first violation and not more than five hundred dollars for any subsequent violation with provision for the assessment of a civil penalty; May 25 Sp. Sess. P.A. 94-1 made a technical change for accuracy, effective July 1, 1994.
Cited. 111 C. 440.

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Sec. 22-162a. Eggnog beverages. License for processing for sale. (a) The Milk Regulation Board shall adopt regulations in accordance with the provisions of chapter 54 establishing last sale dates and standards of identity and quality for eggnog beverages. No person, firm or corporation shall process eggnog beverages for sale except in accordance with such regulations.
(b) Any person, firm or corporation processing eggnog beverages for sale shall obtain a license from the Commissioner of Agriculture. The fee for such license shall be established by the commissioner pursuant to section 22-128a. Each such license shall expire on the thirtieth day of June next following the issuance thereof.
(P.A. 84-34, S. 1; P.A. 87-45; P.A. 91-312, S. 20.)
History: P.A. 87-45 required the board to adopt regulations establishing last sale dates; P.A. 91-312 divided section into Subsecs. and amended Subsec. (b) to replace the license fee of seventy-five dollars with a fee established by the commissioner pursuant to Sec. 22-128a.

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Secs. 22-163 and 22-164. Milk or cream; containers. Printed notices. Sections 22-163 and 22-164 are repealed.
(1949 Rev., S. 3200, 3201; 1955, S. 1747d; 1961, P.A. 185; 518, S. 3; P.A. 91-312, S. 47.)

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Sec. 22-165. Samples of milk, cream and milk products; analysis. Fees. (a) The commissioner and his deputy, agents and assistants may take samples of milk, cream or milk products from any producer, dealer, vendor, processor or manufacturer upon tender of the market price thereof, and shall seal and mark such samples, and, upon request of such producer, dealer, vendor, processor or manufacturer, or his agent, shall seal and mark duplicate samples and leave the duplicate samples with such persons. The official analysis of such samples shall be made by the Connecticut Agricultural Experiment Station or the Laboratory Division of the Department of Public Health, or any other laboratory approved for making such examinations.
(b) The commissioner shall collect from the dairy plant or milk dealer permittee a fee or fees established by the commissioner pursuant to section 22-128a, sufficient to cover the actual cost of bio-assays and chemical tests made on samples of milk, skimmed milk, nonfat milk, fortified skimmed milk, or fortified nonfat milk to which vitamins, minerals or any combination thereof have been added as approved by the Milk Regulation Board. Such fees shall be deposited in the General Fund. The dairy plant or milk dealer permittee shall not be required to pay for more than four bio-assays, for any one type of milk herein described, in any biennium, except when the samples fail to contain the advertised unitage of vitamins and minerals. The commissioner may suspend the dairy plant or milk dealer permit of any dealer who fails to pay such fees within sixty days after being billed by the commissioner.
(1949 Rev., S. 3202; 1949, 1951, 1953, S. 1748d; 1959, P.A. 252, S. 1; 1961, P.A. 169; P.A. 77-614, S. 323, 610; P.A. 91-312, S. 21; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1959 act divided section into Subsecs., made collection of fees to cover cost of bio-assays mandatory rather than optional by substituting "shall" for "may" and required that fees be deposited to general fund rather than set aside as separate fund to defray expenses of bio-assays and chemical analyses; 1961 act required commissioner to collect fees rather than Agricultural Experiment Station, replaced "Vitamin D milk, vitamins A and D skimmed milk and vitamin- mineral-fortified milk or other vitamins or vitamin-mineral-fortified milks" with "milk, skimmed milk, nonfat milk, fortified skimmed milk, or fortified nonfat milk to which vitamins, minerals or any combination thereof have been added" and added provision allowing commissioner to suspend permits of those who fail to pay fees within sixty days after billing; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 91-312 amended Subsec. (b) to provide that the fee or fees for bio-assays and chemical tests shall be "established by the commissioner pursuant to Sec. 22-128a"; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

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Sec. 22-166. Sale of milk from emaciated or diseased animals. Civil penalty. Any person who sells or exposes for sale milk, or any product of milk, from an animal which has reacted to the tuberculin test or which is emaciated or which shows physical symptoms of disease, which disease may, or may be reasonably suspected to, affect the healthfulness of such milk or any product thereof, after such animal has been adjudged by the commissioner or his deputy or agent to be so emaciated or diseased, shall be assessed a civil penalty in accordance with the provisions of section 22-7.
(1949 Rev., S. 3203; 1951, S. 1749d; P.A. 91-312, S. 22; May 25 Sp. Sess. P.A. 94-1, S. 79, 130.)
History: P.A. 91-312 replaced the criminal penalty of a fine of not more than twenty-five dollars or imprisonment of not more than thirty days or both with a provision for the assessment of a civil penalty; May 25 Sp. Sess. P.A. 94-1 made a technical change for accuracy, effective July 1, 1994.
Cited. 111 C. 440.

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Sec. 22-167. Local regulations for the sale of milk. No provision of section 22- 133 shall affect the authority of any town, city or borough to enact ordinances concerning the sale or distribution, within its limits, of milk which may be detrimental to public health. In any town, city or borough where no local system of milk and cream control is provided for by charter, the local director of health or board of health may present, at a meeting of the electors warned and held for such purpose, proposed rules and regulations concerning the inspection of dairies and the production, care, handling, marketing or sale of milk or cream, the protection of the public from the use of milk or cream which may be detrimental to the public health and the granting of licenses to milk dealers. Upon approval by the town, city or borough, such rules and regulations shall be enforced in the town, city or borough by the director of health. Amendments of such rules and regulations shall be made in accordance with the procedure provided for their adoption. Such local directors of health or boards of health may revoke any license granted in accordance herewith after due notice and hearing for violation of any such rules and regulations. Any person who produces, handles, markets or sells milk or cream within the limits of any town, city or borough in which such rules and regulations are in effect, without a license as hereinbefore provided, shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both. Any person aggrieved by the failure of the local director of health or board of health to grant a license in accordance with the foregoing provisions or by the action of such director of health or board in revoking a license may appeal from the action of such director of health or board to the Milk Regulation Board in accordance with the provisions of sections 22-169 and 22-170.
(1949 Rev., S. 3213; 1957, P.A. 13, S. 80; P.A. 77-614, S. 323, 610; P.A. 81-147, S. 1.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 81-147 repealed the requirement that proposed local rules and regulations receive approval of the department of health services prior to enactment.
Cited. 67 C. 550; 73 C. 407. Local ordinance requiring milk to be sold in sealed bottles valid. 91 C. 69. Ordinance of town prohibiting sale of raw milk in conflict with statute held invalid. 111 C. 433.

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Sec. 22-168. Damages. Each local official issuing an order prohibiting the sale of milk shall ascertain the average daily quantity of milk produced by the cows or goats of each person affected by such order of prohibition, and the municipality wherein such sale is prohibited shall pay damages for the value of the milk which such person has been unable to sell because of such order, during the period of prohibition, upon proof that, at the time such order was issued, such milk was fit for such consumption and the premises where such milk was produced were free from contagious disease. Any person aggrieved by such order, in the event of failure to agree with the municipality as to the value of the milk produced during such period, may collect the value thereof from such municipality.
(1949 Rev., S. 3206.)

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Sec. 22-169. Appeals from local authorities. Any person aggrieved by an order issued by any local official authorized to prohibit the sale of milk or cream in any town, city or borough may appeal from such order to the Milk Regulation Board. Such appeal shall be taken by filing in the office of said board a copy of the order prohibiting such sale, with a brief statement of such grievance. Said board shall, within one week after the receipt of such appeal, ascertain the methods employed by the person taking such appeal in producing, handling or distributing milk or cream, and shall cause an inspection of all implements and equipment used in the production and handling of the same, the cows from which, and barn and premises where, such milk or cream is produced or procured and, after such inspection, shall forthwith affirm, modify or rescind such order, but the original order shall remain in force pending such appeal.
(1949 Rev., S. 3209.)

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Sec. 22-170. Appeal from board. Any person aggrieved by any order made by said board may appeal therefrom in accordance with the provisions of section 4-183.
(1949 Rev., S. 3210; 1971, P.A. 179, S. 18; 870, S. 72; P.A. 74-183, S. 243, 291; P.A. 76-436, S. 210, 681; P.A. 77- 603, S. 93, 125.)
History: 1971 acts replaced provision which had required service of petition upon attorney general at least twelve days before next return day or upon judge ten days before hearing date with provision requiring that appeals be returned between twelve and thirty days after service and, effective September 1, 1971, replaced superior court with court of common pleas, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 74-183 added reference to judicial districts and required that petitions be taken to court rather than to board, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 deleted reference to appeals re rulings or regulations and replaced previous provisions detailing appeal procedure with statement that appeals shall be in accordance with Sec. 4-183.

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Sec. 22-171. Filled milk. Section 22-171 is repealed.
(1949 Rev., S. 3214; 1961, P.A. 180; P.A. 91-312, S. 47.)

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Sec. 22-172. Registration of producers. Permits. Penalty. (a) Any person, firm or corporation engaged in the production of milk in Connecticut, which milk or the products thereof are to be used or disposed of elsewhere than on the premises where such milk is to be produced, and any person, firm or corporation engaged in the production of milk outside Connecticut for sale within Connecticut, shall register with the Commissioner of Agriculture in a manner prescribed, and on forms furnished, by the commissioner for such registration. Such registration shall be renewed annually, during the first six months of the calendar year.
(b) Milk shall not be used, sold or disposed of away from the dairy farm located in Connecticut without a permit from the commissioner. Milk shall not be sold directly or indirectly into Connecticut from a dairy farm located outside Connecticut without a permit from the commissioner.
(c) Such permits shall be designated "Dairy Farm or Milk Producer Permit" and may be suspended or revoked by the commissioner for cause.
(1949 Rev., S. 3215; 1953, S. 1758d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 78-358, S. 4, 6; P.A. 79-200; P.A. 91-312, S. 23; June Sp. Sess. P.A. 91-12, S. 34, 55; P.A. 94-171.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 78-358 referred specifically to Subsec. (a) of Sec. 22-173 rather than to whole section as previously; P.A. 79-200 changed month for renewing registration from April to January; P.A. 91-312 divided section into Subsecs., required the registration to be renewed annually during the first six months of the calendar year rather than during the month of January, deleted the requirement that the commissioner furnish copies of dairy farm permits or a certified list thereof to be kept on file by the dairy plant or milk dealer, and provided that the penalty for a violation shall be a civil penalty rather than "the penalty prescribed by section 22-203"; June Sp. Sess. P.A. 91-12 amended Subsec. (a) by establishing a registration fee for the sale, use or disposal of milk; P.A. 94-171 amended Subsec. (a) to delete twenty-five dollar annual fee for registration and deleted Subsec. (d) re penalties for violation of this section.
See Sec. 22-301 re requirement that milk herd must test negative for tuberculosis and brucellosis before issuance of permit.

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Sec. 22-173. Registration of dealers. Permits. Labeling. Civil penalty. Information required. (a) Each person, firm or corporation engaged in the receiving, handling, distribution or sale of milk or cream, which milk or cream, in whole or in part, is intended for bottling, manufacturing, processing, distribution or sale in Connecticut, shall register with the Commissioner of Agriculture in a manner prescribed by and on forms furnished by the commissioner. Such registration shall be renewed annually during the month of April. Such registered person, firm or corporation shall not bottle, manufacture, process, distribute or sell milk or cream in Connecticut without a permit from the commissioner. Such permits shall be designated "Dairy Plant or Milk Dealer Permit" and may be suspended or revoked by the commissioner for cause. Each dairy plant or milk dealer permittee shall have on file and make available upon request of the commissioner, a certified list of all dairy farms from which milk is received. Only fresh, wholesome milk shall be received from the dairy farm permittees. The commissioner shall require all milk, milk products or substances received, handled, used, stored, sold or offered for sale by any dairy plant or milk dealer permittee to be labeled or otherwise identified by the common name of the product.
(b) Any dairy plant or milk dealer permittee who receives milk or cream, which milk or cream, in whole or in part, is intended for bottling, manufacturing, processing, distribution or sale in Connecticut, from any person, firm or corporation who does not have the permit required by section 22-172, may be assessed a civil penalty in accordance with the provisions of section 22-7.
(c) Any person, firm or corporation registered pursuant to subsection (a) of this section shall provide the commissioner with such information as he deems necessary to enforce the provisions of this chapter and the regulations of the Milk Regulation Board.
(1949 Rev., S. 3216; 1949, 1951, 1953, S. 1759d; 1957, P.A. 313, S. 1; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1967, P.A. 163, S. 2; 1971, P.A. 872, S. 446, 448; P.A. 78-358, S. 5, 6; P.A. 83-40; P.A. 91-312, S. 24; May 25 Sp. Sess. P.A. 94-1, S. 78, 130.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1967 act deleted qualifying phrase "located in Connecticut, or located outside Connecticut and holding a permit under Sec. 22-196" following "Each person, firm or corporation"; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 78-358 added Subsec. (b) re fine for receiving milk or cream from person, firm or corporation lacking required permit; P.A. 83-40 added Subsec. (c) authorizing the commissioner to request information from registered dealers to enforce statutes re milk and the regulations of the Milk Regulation Board; P.A. 91-312 amended Subsec. (a) to require each permittee to have on file "and make available upon request of the commissioner, a certified list of all dairy farms from which milk is received" rather than to have on file "a copy of the permits, or a certified list thereof, of all dairy farms from which milk is received", and amended Subsec. (b) to replace the penalty of a fine of not less than one thousand nor more than five thousand dollars with provision for the assessment of a civil penalty; May 25 Sp. Sess. P.A. 94-1 made a technical change in Subsec. (b) for accuracy, effective July 1, 1994.

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Sec. 22-174. Out-of-state cream source permits. Inspection of cream source. Each person, firm or corporation located outside of Connecticut and not holding a dairy plant or milk dealer permit under the provisions of section 22-173 which manufactures, processes or separates or handles fluid cream, sour cream, frozen cream, plastic cream, or aerosol or whipped cream, which is intended in whole or in part for distribution or sale in Connecticut, shall apply to the Commissioner of Agriculture for a cream source permit. The commissioner may establish regulations for the issuance of cream source permits concerning the control and operation of the plant sources to insure the quality of the products for the preservation of the public health, which regulations may be distinct from the terms set forth in this chapter for the issuance of dairy farm or milk producer permits or dairy plant or milk dealer permits. The commissioner may inspect each cream source annually or at a frequency determined by said commissioner. A permit issued pursuant to this section shall expire on June thirtieth following the date of issuance. All expenses incurred by the commissioner in the inspection of such cream sources shall be borne by the cream source permittee.
(1957, P.A. 313, S. 2; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 86-4, S. 1, 2.)
History: 1959 act replaced commissioner and department of agriculture with commissioner and department of agriculture, conservation and natural resources; 1961 act replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 86-4 required that persons manufacturing aerosol or whipped cream obtain a permit, authorized the commissioner to inspect cream sources and established June thirtieth as the expiration date for permits.

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Sec. 22-175. Inspection of dairy farms and milk plants. The commissioner shall inspect regularly and as frequently as possible the dairy farms and milk plants from which milk is regularly shipped to dealers within the state for sale therein in fluid form. The commissioner shall endeavor to maintain a sufficient number of dairy farms and dairy plants subject to regular inspections and approved for shipments of milk to be sold in fluid form in Connecticut markets so that consumers of the state may be assured of an adequate supply of fluid milk at all times. The commissioner shall have the right to inspect the producing dairy farm or the processing dairy plant and to sample the product of such dairy farm or dairy plant at any time or place. The expense incurred for the inspecting of any dairy farm, whether within or without the state, which produces fresh milk for daily use in this state shall be borne by the state. The expense incurred for the inspection of dairy farms and dairy plants which produce or process milk which is to be used for the production of cream for this state shall be borne by the cream source permittee.
(1949 Rev., S. 3217; 1957, P.A. 316; P.A. 90-66, S. 2; P.A. 99-110, S. 3.)
History: P.A. 90-66 added Subsec. (b) re exemption from inspection requirements of processing plants which ship only aseptically processed and ultrapasteurized milk and milk products; P.A. 99-110 deleted former Subsec. (b) which had required adoption of regulations regarding aseptically processed and ultrapasteurized milk.
Purpose of statute is to secure a safe supply of milk, whether it comes from within or without the state. 129 C. 327.

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Sec. 22-176. Milk shortage. Temporary permits. Whenever there is a shortage of milk as a result of an unavoidable occurrence or other emergency which has caused a falling-off in the receipts of milk from approved sources, or whenever the total quantity of milk from approved sources included in the pool computation each month of the basic uniform price for all dealers regulated by the Federal Milk Order applicable to Connecticut during the months of July and August has been less than one hundred six per cent of the total quantity sold therein in fluid form during those corresponding months and whenever the total quantity of milk from approved sources included in the pool computation each month of the basic uniform price for all dealers regulated by the Federal Milk Order applicable to Connecticut during any other month of the year has been less than one hundred fifteen per cent of the quantity sold by dealers within the state in fluid form during that month, the commissioner shall announce that a state of emergency exists with respect to the milk supply. At such times the commissioner or his designee may relieve the shortage through the issuance of temporary permits, signed by the commissioner or his designee, upon application by dealers, which will authorize a dealer to receive milk from sources which have not been approved for the shipment of fluid milk to Connecticut, provided such milk, upon arrival at the dealer's plant in a Connecticut market, shall meet the standards pertaining to temperature, bacteriological, sediment, butterfat and total solids content prescribed by this chapter for milk to be sold in fluid form in this state.
(1949 Rev., S. 3218; 1961, P.A. 225; 1963, P.A. 270; P.A. 78-52.)
History: 1961 act allowed oral permission as form of temporary permit, deleted provision limiting temporary permit to remainder of current calendar month and deleted provision allowing extensions of such permits on month-to-month basis; 1963 act replaced references to total quantity of milk received by dealers in state with references to quantity "included in the pool computation each month of the basic uniform price for all dealers regulated by the federal milk order applicable to Connecticut" and used months of July and August rather than November and December as basis for calculations; P.A. 78-52 allowed commissioner's designee to issue temporary permits, deleted oral permission as form of temporary permits and required that they be signed by commissioner or his designee.
See Sec. 22-182a re commissioner's substitute computation if Federal Milk Order suspended or terminated.

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Sec. 22-177. Investigation of potential sources of supply. Whenever such a shortage of milk occurs, unless its cause is temporary and such shortage is of an emergency nature, the commissioner shall investigate potential sources of supply for Connecticut markets, and shall solicit requests and recommendations from dealers and others with respect to the dairy farms and milk plants from which additional supplies of milk may be obtained. As soon thereafter as available personnel and resources permit, he shall inspect, from among the dairy farms and milk plants which his investigations have revealed to him are potential sources of supply for Connecticut markets or which have been recommended to him as such, a sufficient number of additional farms to insure that the total supply of milk included in the pool computation each month of the basic uniform price for all dealers regulated by the Federal Milk Order applicable to Connecticut from dairy farms and milk plants approved for the shipment of milk to be sold in fluid form in this state will exceed the total quantity of milk sold in the state in fluid form by more than fifteen per cent during all months of the year other than July and August, and by more than six per cent during each of those months. In deciding whether or not additional dairy farms and milk plants, in excess of the number required pursuant to this section, should be inspected and approved for the shipment of milk to be sold in fluid form within the state, the commissioner shall take into account the quantity of fluid milk normally consumed as such within the state and the current trends and seasonal and other variations affecting the consumption of milk; the quantity of milk normally and regularly delivered by the dairy farms and milk plants currently approved for the shipment of milk to be sold in Connecticut markets and the current trends and normal seasonal variations in such deliveries; the percentage of total quantity of milk which such farms and milk plants will agree to deliver for the Connecticut market during periods of shortage when required by the commissioner to do so; the frequency of current inspections of the farms and plants already approved for shipment of fluid milk; the personnel and facilities available for the inspection of additional farms and plants; and the probable effects upon the frequency and adequacy of current inspections, and hence upon the quality and safety of the milk supply, of inspecting a larger number of farms and plants.
(1949 Rev., S. 3219; 1949, S. 1760d; 1963, P.A. 269.)
History: 1963 act replaced reference to supply of milk "delivered to dealers in Connecticut" with supply of milk "included in the pool computation each month of the basic uniform price for all dealers regulated by the federal milk order applicable to Connecticut" and used months of July and August rather than November and December as basis for calculations.
See Sec. 22-182a re substitution of commissioner's computation if Federal Milk Order suspended or terminated.

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Sec. 22-178. Approval of additional sources of supply. Temporary permits to relieve hardship. Any dealer whose receipts of milk from his regular and approved sources are or will be less than one hundred six per cent of his current total sales of milk in fluid form may apply for relief and, if the commissioner cannot assist such dealer to procure an adequate additional supply of milk from sources already approved for shipments of milk to be sold in fluid form, the commissioner shall approve additional sources of regular supply or issue a temporary permit, including oral permission granted by telephone or otherwise, to relieve hardship for such dealer which will authorize such dealer to receive milk from sources which have not been approved for the shipment of fluid milk to Connecticut, provided such milk, upon arrival at the dealer's plant in a Connecticut market, shall meet the standards pertaining to temperature and bacteriological, sediment, butterfat and total solids content prescribed by this chapter for milk to be sold in fluid form in this state.
(1949 Rev., S. 3220; 1961, P.A. 223.)
History: 1961 act allowed oral permission as form of temporary permit and deleted provisions setting duration of such permits "for the remainder of the current calendar month" and allowing month-to-month extensions.

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Sec. 22-179. Standards for approval of additional dairy farms. Whenever the inspection of additional dairy farms is deemed necessary pursuant to the conditions and standards set forth in section 22-177, the commissioner shall decide which farms shall be approved for the shipment of milk to Connecticut markets. In making this decision he shall take into account the quality of milk available from different sources; the relative cost and efficiency with which inspection personnel and facilities may be employed in different localities; the relative accessibility of different sources of supply to Connecticut markets, the relative ease of transportation and the length of time which would elapse before arrival in Connecticut markets; the quantity of milk available for shipment to Connecticut markets from different localities; and the reliability of various sources of supply from the standpoint both of quality and seasonal uniformity in the quantity available for shipment.
(1949 Rev., S. 3221.)

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