Sec. 21a-337. (Formerly Sec. 19-560). Prohibited acts. The following acts and
the causing thereof are prohibited: (1) The introduction or delivery for introduction into
commerce of any misbranded hazardous substance or banned hazardous substance; (2)
the alteration, mutilation, destruction, obliteration or removal of the whole or any part
of the label of, or the doing of any other act with respect to, a hazardous substance if
such act is done while the substance is in commerce, or while the substance is held for
sale, whether or not the first sale, after shipment in commerce, and results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance; (3) the receipt in commerce of any misbranded hazardous substance or banned
hazardous substance and the delivery or proffered delivery thereof for pay or otherwise;
(4) the giving of a guarantee or undertaking referred to in subdivision (2) of subsection
(b) of section 21a-338 which guarantee or undertaking is false, except by a person who
relied upon a guarantee or undertaking to the same effect signed by, and containing the
name and address of, the person residing in the United States from whom he received
in good faith the hazardous substance; (5) the failure to permit entry or inspection as
authorized by subsection (a) of section 21a-343 or to permit access to and copying
of any record as authorized by section 21a-344; (6) the introduction or delivery for
introduction into commerce, or the receipt in commerce and subsequent delivery or
proffered delivery for pay or otherwise, of a hazardous substance in a reused food,
drug or cosmetic container or in a container which, though not a reused container, is
identifiable as a food, drug or cosmetic container by its labeling or by other identification.
The reuse of a food, drug or cosmetic container as a container for a hazardous substance
shall be deemed to be an act which results in the hazardous substance being a misbranded
hazardous substance. As used in this subdivision, the terms "food", "drug" and "cosmetic" shall have the same meanings as in the Connecticut Food, Drug and Cosmetic
Act; (7) the use by any person to his own advantage, or revealing other than to the
administrator or officers or employees of the agency, or to the courts when relevant in
any judicial proceeding under sections 21a-335 to 21a-346, inclusive, of any information
acquired under authority of section 21a-343 concerning any method of process which
as a trade secret is entitled to protection; (8) the introduction or delivery for introduction
into commerce of any item containing asbestos which reasonably may be expected to
be used in the construction or repair of structures, without clearly indicating by labeling
thereon that the item contains asbestos and that asbestos may cause cancer when inhaled;
(9) the alteration or removal of any item upon which the commissioner or his authorized
agent has placed an embargo prior to the time the commissioner, such agent or a court
permits the alteration or removal of such item; (10) the introduction or delivery for
introduction into commerce, after December 31, 1992, of any toy or other article for
sale in this state and marketed for the use of children between the ages of three and
seven, or determined to be for the use of children between the ages of three and seven
by the federal Consumer Product Safety Commission pursuant to 16 CFR Part 1500 et
seq., as published in the Code of Federal Regulations Revised to January 1, 1991, and
as from time to time amended, or the Commissioner of Consumer Protection pursuant to
sections 21a-335 to 21a-346, inclusive, which would be classified as a banned hazardous
substance under 16 CFR Part 1501.4(b)(1) of said code and does not bear a conspicuous
warning label that clearly and specifically communicates that the contents include small
parts which pose a hazard for children under the age of three, except that any toy or
other article that contains, as of December 31, 1992, a safety warning label in substantial
compliance with the requirements of this subdivision shall be determined by the commissioner to be in compliance with this subdivision until October 1, 1993. As used in this
subdivision, "conspicuous" has the same meaning and characteristics regarding type
size as in 16 CFR Part 1500.121(c)(2) of said code; and (11) the introduction or delivery
for introduction into commerce, or the distribution or sale, of a drying oil or drying oil
product, manufactured after December 31, 1994, which does not bear a conspicuous
warning label on a side or back panel of such product stating: "DANGER - RAGS,
STEEL WOOL OR WASTE SOAKED WITH .... (INSERT PRODUCT NAME) MAY
SPONTANEOUSLY CATCH FIRE IF IMPROPERLY DISCARDED. IMMEDIATELY AFTER USE, PLACE RAGS, STEEL WOOL OR WASTE IN A SEALED
WATER-FILLED METAL CONTAINER." As used in this subdivision, "conspicuous"
has the same meaning and characteristics regarding type size as in 16 CFR Part 1500.121
(c)(2) of said code.
(1971, P.A. 121, S. 3; P.A. 80-398, S. 1; P.A. 85-242, S. 1; P.A. 92-127, S. 1; May Sp. Sess. P.A. 92-11, S. 57, 70; P.A.
93-55, S. 5; P.A. 94-73, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 80-398 added Subdiv. (8) re prohibition regarding asbestos; Sec. 19-560 transferred to Sec. 21a-337 in
1983; P.A. 85-242 added Subdiv. (9) prohibiting the alteration or removal of any item upon which the commissioner or
his agent has placed an embargo prior to the time such commissioner or agent permits such alteration or removal; P.A.
92-127 amended section by adding Subdiv. (10) which added to the list of prohibited acts "the introduction or delivery for
introduction into commerce of any toy or other article for sale in this state and marketed for the use of children between
the ages of three and seven ..." which did not bear "the following conspicuous label: WARNING-SMALL PARTS POSE
CHOKE HAZARD FOR CHILDREN UNDER THE AGE OF THREE"; May Sp. Sess. P.A. 92-11 specified that the
provisions of the new Subdiv. (10) would not apply until after December 31, 1992, and deleted the requirement for the
specifically-worded warning label and substituted general warning language, and excepted, until October 1, 1993, any toy
or other article which, as of December 31, 1992, bore a safety warning label which was substantially in compliance with
the requirements of the Subdiv.; P.A. 93-55 substituted references to the Code of Federal Regulations for references to the
Federal Register; P.A. 94-73 added Subsec. (11) re labeling of drying oil or drying oil product; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective
July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments
of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 21a-338. (Formerly Sec. 19-561). Penalty. (a) Any person who violates any
of the provisions of section 21a-337 shall be guilty of a class C misdemeanor but an
offense committed with intent to defraud or mislead, or a second or subsequent offense,
shall be an unclassified misdemeanor for which the penalty shall be imprisonment for
not more than one year, or a fine of not more than three thousand dollars or both such
imprisonment and fine.
(b) No person shall be subject to the penalties of subsection (a) of this section, (1)
for having violated subdivision (3) of section 21a-337 if the receipt, delivery or proffered
delivery of the hazardous substance was made in good faith, unless he refuses to furnish,
on request of an officer or employee duly designated by the administrator, the name
and address of the person from whom he purchased or received such hazardous substance, and copies of all documents, if any there be, pertaining to the delivery of the
hazardous substance to him; or (2) for having violated subdivision (1) of said section
21a-337, if he establishes a guarantee or undertaking signed by, and containing the name
and address of, the person residing in the United States from whom he received in
good faith the hazardous substance, to the effect that the hazardous substance is not a
misbranded hazardous substance or a banned hazardous substance within the meaning
of those terms in sections 21a-335 to 21a-346, inclusive.
(1971, P.A. 121, S. 4.)
History: Sec. 19-561 transferred to Sec. 21a-338 in 1983.
Sec. 21a-339. (Formerly Sec. 19-562). Injunction. In addition to the remedies
hereinafter provided, the administrator is authorized to apply to the Superior Court for,
and said court shall have jurisdiction upon hearing and for cause shown, to grant a
temporary or permanent injunction restraining any person from violating any provision
of section 21a-337, irrespective of whether or not there exists an adequate remedy at law.
(1971, P.A. 121, S. 5.)
History: Sec. 19-562 transferred to Sec. 21a-339 in 1983.
Sec. 21a-340. (Formerly Sec. 19-563). Detained or embargoed articles. Condemnation. Civil penalties. (a) Whenever a duly authorized agent of the administrator
finds or has probable cause to believe that any hazardous household substance is misbranded, or is a banned hazardous substance, within the meaning of sections 21a-335
to 21a-346, inclusive, he shall affix to such article a tag or other appropriate marking,
giving notice that such article is, or is suspected of being, misbranded or is a banned
hazardous substance and has been detained or embargoed, and warning all persons not
to remove or dispose of such article by sale or otherwise until permission for removal
or disposal is given by such agent or the court. No person shall remove or dispose of
such detained or embargoed article by sale or otherwise without such permission. The
administrator may, after notice and hearing, impose a civil penalty of not more than five
hundred dollars for each separate offense on any person who removes, without such
permission, any tag or other appropriate marking affixed to any article which has been
detained or embargoed in accordance with the provisions of this subsection.
(b) When an article detained or embargoed under subsection (a) has been found by
such agent to be misbranded or a banned hazardous substance, he shall petition the
superior court in whose jurisdiction the article is detained or embargoed or any judge
thereof for a libel of condemnation of such article. When such agent has found that an
article so detained or embargoed is not misbranded or a banned hazardous substance,
he shall remove the tag or other marking.
(c) If the court finds that a detained or embargoed article is misbranded or a banned
hazardous substance, such article shall, after entry of the decree, be destroyed at the
expense of the claimant thereof, under supervision of such agent, and all court costs and
fees, and storage and other proper expenses, shall be taxed against the claimant of such
article or his agent; except that, if the misbranding can be corrected by proper labeling
of the article, the court, after entry of the decree and after such costs, fees and expenses
have been paid and a good and sufficient bond, conditioned that such article shall be so
labeled, has been executed, may by order direct that such article be delivered to the
claimant thereof for such labeling under the supervision of an agent of the administrator.
The expense of such supervision shall be paid by the claimant. The article shall be
returned to the claimant on the representation to the court by the administrator that the
article is no longer in violation of sections 21a-335 to 21a-346, inclusive, and that the
expenses of such supervision have been paid.
(1971, P.A. 121, S. 6; P.A. 74-183, S. 236, 291; P.A. 76-436, S. 205, 681; P.A. 86-339, S. 2.)
History: P.A. 74-183 replaced circuit court with court of common pleas in Subsec. (b), effective December 31, 1974;
P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 19-563 transferred to Sec.
21a-340 in 1983; P.A. 86-339 amended Subsec. (a) by authorizing the commissioner to impose a civil penalty.
Cited. 224 C. 29, 38.
Sec. 21a-341. (Formerly Sec. 19-564). Institution of criminal proceedings. Section 21a-341 is repealed.
(1971, P.A. 121, S. 7; P.A. 76-436, S. 597, 681; P.A. 85-242, S. 2.)
Sec. 21a-342. (Formerly Sec. 19-565). Regulations. The administrator may promulgate such regulations as are required for the efficient enforcement of sections 21a-335 to 21a-346, inclusive, and shall cause such regulations to conform, insofar as is
practicable, with the regulations established pursuant to the federal Hazardous Substances Act.
(1971, P.A. 121, S. 8.)
History: Sec. 19-565 transferred to Sec. 21a-342 in 1983.
See Sec. 21a-336 re adoption of regulations declaring substances to be hazardous, re safety requirements, safety standards, etc.
Sec. 21a-343. (Formerly Sec. 19-566). Inspections. Obtaining of samples. (a)
For the purposes of enforcement of sections 21a-335 to 21a-346, inclusive, officers or
employees duly designated by the administrator, upon presenting appropriate credentials to the owner, operator or agent in charge, are authorized (1) to enter, at reasonable
times, any factory, warehouse or establishment in which hazardous substances are manufactured, processed, packed or held for introduction into commerce or are held after
such introduction, or to enter any vehicle being used to transport or hold such hazardous
substances in commerce; (2) to inspect, at reasonable times and within reasonable limits
and in a reasonable manner, such factory, warehouse, establishment or vehicle, and all
pertinent equipment, finished and unfinished materials, and labeling therein; and (3) to
obtain samples of such materials or packages thereof, or of such labeling.
(b) If the officer or employee obtains any sample, prior to leaving the premises, he
shall pay or offer to pay the owner, operator or agent in charge for such sample and give
a receipt describing the samples obtained.
(1971, P.A. 121, S. 9.)
History: Sec. 19-566 transferred to Sec. 21a-343 in 1983.
Sec. 21a-344. (Formerly Sec. 19-567). Access to records. For the purpose of enforcing the provisions of sections 21a-335 to 21a-346, inclusive, carriers engaged in
commerce and persons receiving hazardous substances in commerce or holding such
hazardous substances so received shall, upon the request of an officer or employee duly
designated by the administrator, permit such officer or employee, at reasonable times,
to have access to and to copy all records showing the movement in commerce of any
such hazardous substances, or the holding thereof during or after such movement, and
the quantity, shipper and consignee thereof; and no such carrier or person shall fail to
permit such access to and copying of any record so requested when such request is
accompanied by a statement in writing specifying the nature or kind of such hazardous
substance to which such request relates; provided evidence obtained under this section
shall not be used in a criminal prosecution of the person from whom obtained and
provided carriers shall not be subject to the other provisions of said sections by reason
of their receipt, carriage, holding or delivery of hazardous substances in the usual course
of business as carriers.
(1971, P.A. 121, S. 10.)
History: Sec. 19-567 transferred to Sec. 21a-344 in 1983.
Sec. 21a-345. (Formerly Sec. 19-568). Reports. Dissemination of information.
(a) The administrator may cause to be published from time to time reports summarizing
any judgments, decrees or court orders which have been rendered under sections 21a-335 to 21a-346, inclusive, including the nature of the charge and the disposition thereof.
(b) The administrator may also cause to be disseminated information regarding
hazardous substances in situations involving, in the opinion of the administrator, imminent danger to health. Nothing in this section shall be construed to prohibit the administrator from collecting, reporting and illustrating the results of the investigations of the
agency.
(1971, P.A. 121, S. 11.)
History: Sec. 19-568 transferred to Sec. 21a-345 in 1983.
Sec. 21a-346. (Formerly Sec. 19-569). Repurchase of banned articles. (a) Any
article or substance sold by its manufacturer, distributor or dealer which is a banned
hazardous substance, whether or not it was such at the time of its sale, shall, in accordance
with regulations of the administrator, be repurchased as follows: (1) The manufacturer
of any such article or substance shall repurchase it from the person to whom he sold it
and shall (A) refund that person the purchase price paid for such article or substance,
(B) if that person has repurchased such article or substance pursuant to subdivision (2)
or (3) of this subsection, reimburse him for any amounts paid in accordance with that
subdivision for the return of such article or substance in connection with its repurchase,
and (C) if the manufacturer requires the return of such article or substance in connection
with his repurchase of it in accordance with this subdivision, reimburse that person for
any reasonable and necessary expenses incurred in returning it to the manufacturer. (2)
The distributor of any such article or substance shall repurchase it from the person to
whom he sold it and shall (A) refund that person the purchase price paid for such article
or substance, (B) if that person has repurchased such article or substance pursuant to
subdivision (3), reimburse him for any amounts paid in accordance with that subdivision
for the return of such article or substance in connection with its repurchase, and (C) if
the distributor requires the return of such article or substance in connection with his
repurchase of it in accordance with this subdivision, reimburse that person for any reasonable and necessary expenses incurred in returning it to the distributor. (3) In the case
of any such article or substance sold at retail by a dealer, if the person who purchased
it from the dealer returns it to him or tenders the sales receipt for such article or substance,
the dealer shall refund the purchaser the purchase price paid for it and reimburse him
for any reasonable and necessary transportation charges incurred in its return.
(b) For the purposes of this section the term "manufacturer" includes (1) an importer
for resale, and (2) a dealer who sells at wholesale an article or substance shall with
respect to that sale be considered the distributor of that article or substance.
(c) Any person who violates any provision of this section shall be guilty of a class
C misdemeanor.
(1971, P.A. 121, S. 12.)
History: Sec. 19-569 transferred to Sec. 21a-346 in 1983.
Secs. 21a-347 to 21a-375. Reserved for future use.
Sec. 21a-376. Child restraint systems. Requirements. (a) No person shall introduce or deliver for introduction into commerce any child restraint system which does
not conform to the requirements in 49 CFR Part 571.213.
(b) The Commissioner of Consumer Protection may (1) detain or embargo any child
restraint system which does not conform to the requirements of 49 CFR Part 571.213
and (2) order repurchase of any child restraint system which does not conform to such
requirements.
(c) In addition to any other remedies at law, the commissioner may apply to the
Superior Court for, and the court shall have jurisdiction upon hearing and for cause
shown to grant, a temporary or permanent injunction restraining any person from violating subsection (a) of this section.
(P.A. 93-292, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture
and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby
reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.