Sec. 22-118o. Adulteration of commercial feed. A commercial feed shall be
deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health, except that, if the substance is not an
added substance, the feed shall not be considered adulterated under this section if the
quantity of such substance in the feed does not ordinarily render it injurious to health;
(2) if it bears or contains any added poisonous, added deleterious or added nonnutritive
substance which is unsafe within the meaning of Section 406 of the federal Food, Drug
and Cosmetic Act, other than one which is (A) a pesticide chemical in or on a raw
agricultural commodity or (B) a food additive; (3) if it is, or bears or contains any food
additive which is unsafe within the meaning of Section 409 of the federal Food, Drug
and Cosmetic Act; (4) if it is a raw agricultural commodity and it bears or contains a
pesticide chemical which is unsafe within the meaning of Section 408(a) of the federal
Food, Drug and Cosmetic Act except that, if a pesticide chemical has been used in or
on a raw agricultural commodity in conformity with an exemption granted or a tolerance
prescribed under Section 408 of the federal Food, Drug and Cosmetic Act and such raw
agricultural commodity has been subjected to processing such as canning, cooking,
freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or
on such processed feed shall not be deemed unsafe if such residue in or on the raw
agricultural commodity has been removed to the extent possible in good manufacturing
practice and the concentration of such residue in the processed feed is not greater than
the tolerance prescribed for the raw agricultural commodity unless the feeding of such
processed feed will result or is likely to result in a pesticide residue in the edible product
of the animal which is unsafe within the meaning of Section 408(a) of the federal Food,
Drug and Cosmetic Act; (5) if it is, or bears or contains, any color additive which is
unsafe within the meaning of Section 706 of the federal Food, Drug and Cosmetic Act;
(6) if it is, or bears or contains, any new animal drug which is unsafe within the meaning
of Section 512 of the federal Food, Drug and Cosmetic Act; (7) if it consists in whole
or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for
feed; (8) if it has been prepared, packed or held under unsanitary conditions whereby
it may have become contaminated with filth, or whereby it may have been rendered
injurious to health; (9) if it is, in whole or in part, the product of a diseased animal or
of an animal which has died otherwise than by slaughter which death has rendered the
product unsafe within the meaning of Section 402(a)(1) or (2) of the federal Food, Drug
and Cosmetic Act; (10) if its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to health; (11) if it has
been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to Section 409 of the federal
Food, Drug and Cosmetic Act; (12) if any valuable constituent has been, in whole or in
part, omitted or abstracted from the feed or any less valuable substance substituted for
the feed; (13) if its composition or quality falls below or differs from that which it is
purported or is represented to possess by its labeling; (14) if it contains a drug and
the methods used in, or the facilities or controls used for, manufacture, processing, or
packaging of such drug do not conform to current good manufacturing practice regulations adopted by the Commissioner of Agriculture, in accordance with the provisions
of chapter 54, which shall assure that the drug meets the requirements of sections 22-118k to 22-118v, inclusive, as to safety, is properly identified and has the strength and
meets the quality and purity characteristics which it purports or is represented to possess.
In adopting such regulations, the commissioner shall adopt the current good manufacturing practice regulations for Type A Medicated Articles and Type B and Type C Medicated Feeds established under authority of the federal Food, Drug and Cosmetic Act,
unless he determines that they are not appropriate to the conditions which exist in this
state; or (15) if it contains viable weed seeds in amounts exceeding the limits which the
commissioner shall establish by such regulations.
(P.A. 98-69, S. 5, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 98-69 effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture 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. 22-118p. Prohibited acts. The following acts or the causing of such acts
within this state are hereby prohibited: (1) The manufacture or distribution of any commercial feed that is adulterated or misbranded; (2) the adulteration or misbranding of
any commercial feed; (3) the distribution of agricultural commodities such as whole
seed, hay, straw, stover, silage, cobs, husks and hulls, which are adulterated within the
meaning of section 22-118o; (4) the removal or disposal of a commercial feed in violation
of an order under section 22-118s; or (5) the failure or refusal to register in accordance
with section 22-118l.
(P.A. 98-69, S. 6, 14.)
History: P.A. 98-69 effective July 1, 1998.
Sec. 22-118q. Regulations governing commercial feeds and pet foods. On or
before July 1, 1999, the Commissioner of Agriculture shall adopt, in accordance with
the provisions of chapter 54, such regulations for commercial feeds and pet foods as
are specifically authorized in sections 22-118k to 22-118t, inclusive, and such other
reasonable regulations as may be necessary for the efficient enforcement of sections
22-118k to 22-118t, inclusive. In the interest of uniformity the commissioner shall by
such regulations adopt, unless he determines that they are inconsistent with the provisions of sections 22-118k to 22-118t, inclusive, or are not appropriate to conditions
which exist in this state, the following: (1) The official definitions of feed ingredients
and official feed terms adopted by the Association of American Feed Control Officials
and published in the official publication of that organization, and may incorporate by
reference any provisions, or future changes to such provisions, which said association
may adopt for the regulation of commercial and customer-formula feeds and (2) any
regulation promulgated pursuant to the authority of the federal Food, Drug and Cosmetic
Act (21 USC Section 301, et seq.) provided the commissioner otherwise has the authority
to adopt such regulations. The commissioner may establish fees in such regulations to
defray the costs of administering this section.
(P.A. 98-69, S. 7, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 98-69 effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture 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. 22-118r. Inspection of commercial feed facilities. (a) Any employee duly
designated by the Commissioner of Agriculture, upon presenting appropriate credentials, and a written notice to the owner, operator or agent in charge, may (1) enter, during
normal business hours, any factory, warehouse or establishment within this state in
which commercial feeds are manufactured, processed, packed or held for distribution,
or to enter any vehicle being used to transport or hold such feeds, and (2) inspect at
reasonable times and within reasonable limits and in a reasonable manner, such factory,
warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling. The inspection may include the verification of
only such records and production and control procedures as may be necessary to determine compliance with the regulations established under section 22-118o.
(b) A separate notice shall be given for each such inspection but a notice shall not
be required for each entry made during the period covered by the inspection. Each
such inspection shall be commenced and completed with reasonable promptness. Upon
completion of the inspection, the person in charge of the facility or vehicle shall be so
notified.
(c) If the officer or employee making such inspection of a factory, warehouse or
other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, he shall give to the owner,
operator or agent in charge a receipt describing the samples obtained.
(d) If the owner of any factory, warehouse or establishment described in subsection
(a) of this section, or his agent, refuses to admit the commissioner or his designee to
inspect in accordance with subsections (a) and (b) of this section, the commissioner
may apply to the Superior Court for a warrant directing such owner or his agent to submit
the premises described in such warrant.
(e) The commissioner or his designee may enter upon any public or private premises
including any vehicle of transport during regular business hours to have access to, and
to obtain samples, and to examine records relating to distribution of commercial feeds.
(f) Sampling and analysis shall be conducted in accordance with methods published
by the Association of Official Analytical Chemists International, or in accordance with
other generally recognized methods.
(g) The results of all analyses of official samples shall be forwarded by the director
to the person named on the label and to the purchaser. When the inspection and analysis
of an official sample indicates a commercial feed has been adulterated or misbranded
and upon request within thirty days following the receipt of the analysis the director
shall furnish to the registrant a portion of the sample concerned.
(h) The commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample, as
defined in section 22-118k, and obtained and analyzed as provided in this section.
(P.A. 98-69, S. 8, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 98-69 effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture 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. 22-118s. Orders of commissioner. Seizure of feed. (a) When the Commissioner of Agriculture, or his designee, has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of sections 22-118k
to 22-118t, inclusive, or any regulations adopted under sections 22-118k to 22-118t,
inclusive, he may issue and enforce a written or printed withdrawal from distribution
order, warning the distributor not to dispose of the lot of commercial feed in any manner
until written permission is given by the commissioner or the Superior Court. The commissioner shall release the lot of commercial feed so withdrawn when said provisions
and regulations have been complied with. If compliance is not obtained within thirty
days, the commissioner may begin, or upon request of the distributor or registrant shall
begin, proceedings for condemnation.
(b) Any lot of commercial feed not in compliance with said provisions and regulations shall be subject to seizure on complaint of the commissioner to a court of competent
jurisdiction in the area in which said commercial feed is located. In the event the court
finds said commercial feed to be in violation of sections 22-118k to 22-118t, inclusive,
and orders the condemnation of said commercial feed, it shall be disposed of in any
manner consistent with the quality of the commercial feed and the laws of the state
provided, in no instance shall the disposition of said commercial feed be ordered by the
court without first giving the claimant an opportunity to apply to the court for release
of said commercial feed or for permission to process or relabel said commercial feed
to bring it into compliance with sections 22-118k to 22-118t, inclusive, and regulations
adopted thereunder.
(P.A. 98-69, S. 9, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 98-69 effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture 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. 22-118t. Interstate agreements. The Commissioner of Agriculture may cooperate with and enter into agreements with governmental agencies of this state, other
states, agencies of the federal government and private associations in order to carry out
the purposes and provisions of sections 22-118k to 22-118v, inclusive.
(P.A. 98-69, S. 10, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 98-69 effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture 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.