CHAPTER 430
MILK AND MILK PRODUCTS

Table of Contents

Sec. 22-127. Definitions.
Sec. 22-128. Powers and duties of commissioner. Access to premises. Removal or abatement of insanitary condition. Civil penalty.
Sec. 22-128a. Schedule of fees.
Sec. 22-129. Sale and distribution prohibited.
Sec. 22-129a. Seizure and quarantine.
Sec. 22-130. Authority of commissioner limited.
Sec. 22-131. Milk Regulation Board.
Sec. 22-131a. Transfer of Milk Regulation Board to Department of Consumer Protection.
Sec. 22-132. Meetings of Milk Regulation Board.
Sec. 22-133. Regulations of Milk Regulation Board.
Sec. 22-134. Violation of regulations of board or orders of commissioner. Civil penalty.
Sec. 22-135. Labeling.
Sec. 22-136. Licensing of weighers, gagers, samplers and testers of milk and cream. Examination fees. Revocation of license.
Sec. 22-137. Permits for places where milk or cream is received.
Sec. 22-138. Fraudulent manipulation of samples or test; falsification of records. Civil penalty.
Sec. 22-139. Tests to be made by licensed tester.
Sec. 22-140. Samples to be taken by licensed samplers.
Sec. 22-141. Weighing or gaging to be by licensed weigher or gager.
Secs. 22-142 to 22-144. Tests and samples. Division of sample at request of producer. Sampling and tests by commissioner; fees.
Sec. 22-144a. Testing butterfat milk content.
Sec. 22-145. Disposition of fees.
Sec. 22-146. Examination of records and apparatus.
Sec. 22-147. Appeal.
Sec. 22-148. Proceedings for violation.
Sec. 22-149. Penalty.
Sec. 22-150. Registration of milk and butterfat laboratories. Fees. Approval of laboratories. Civil penalty. Revocation of registration.
Sec. 22-151. Certification of accuracy of bottle or pipette used to determine butterfat content. Civil penalty.
Sec. 22-152. Standard quality of milk.
Sec. 22-153. Misbranded or adulterated milk. Civil penalty.
Sec. 22-154. Evaporated milk; contents and labeling.
Sec. 22-155. Condensed milk.
Sec. 22-156. Sweetened condensed milk. Sweetened condensed skimmed milk.
Sec. 22-157. Requirements for evaporated or condensed milk not otherwise regulated.
Sec. 22-158. Adulterated products.
Sec. 22-159. Skimmed milk or low fat milk.
Sec. 22-160. Milk powder, evaporated milk or cream. Foreign milk powder.
Sec. 22-161. Penalties.
Sec. 22-162. Standard quality of cream. Civil penalty.
Sec. 22-162a. Eggnog beverages. License for processing for sale.
Secs. 22-163 and 22-164. Milk or cream; containers. Printed notices.
Sec. 22-165. Samples of milk, cream and milk products; analysis. Fees.
Sec. 22-166. Sale of milk from emaciated or diseased animals. Civil penalty.
Sec. 22-167. Local regulations for the sale of milk.
Sec. 22-168. Damages.
Sec. 22-169. Appeals from local authorities.
Sec. 22-170. Appeal from board.
Sec. 22-171. Filled milk.
Sec. 22-172. Registration of producers. Permits. Penalty.
Sec. 22-173. Registration of dealers. Permits. Labeling. Civil penalty. Information required.
Sec. 22-174. Out-of-state cream source permits. Inspection of cream source.
Sec. 22-175. Inspection of dairy farms and milk plants.
Sec. 22-176. Milk shortage. Temporary permits.
Sec. 22-177. Investigation of potential sources of supply.
Sec. 22-178. Approval of additional sources of supply. Temporary permits to relieve hardship.
Sec. 22-179. Standards for approval of additional dairy farms.
Sec. 22-180. Discontinuance and resumption of shipments from approved farm or plant.
Sec. 22-181. Application for permit by new producer.
Sec. 22-182. When approval or inspection of additional farms not required.
Sec. 22-182a. Duties of commissioner if Federal Milk Order suspended or terminated.
Sec. 22-183. Farms and plants once approved to retain status and right to inspection; exceptions.
Sec. 22-184. Permits required for out-of-state plants and producing farms. Exemption.
Sec. 22-184a. Permits for out-of-state plants which do not ship milk to this state.
Sec. 22-185. Temporary permit for receiving cream.
Sec. 22-186. Statements pertaining to receipt and disposition of milk and cream. Information to producers. Termination of Federal Milk Order. Assessment on producers.
Sec. 22-187. Appeal.
Sec. 22-188. Carriers of communicable diseases not to handle milk or utensils.
Sec. 22-189. Sanitary provisions.
Sec. 22-190. Milk rooms in dairies. Sterilizing equipment in milk plants.
Sec. 22-191. Preparation of milk.
Sec. 22-192. Chocolate milk. Flavored milk.
Sec. 22-192a. Sale of milk as from tested cows.
Sec. 22-193. Milk and cream sold at retail or served in public eating places.
Sec. 22-194. Pasteurized milk and milk products.
Sec. 22-195. Permits for pasteurization. Bottling process. Injunction.
Sec. 22-196. Pasteurization within the state. Permits for imported pasteurized milk or cream.
Sec. 22-197. Labeling of receptacle containing pasteurized milk or cream.
Sec. 22-197a. Pasteurization, processing or sale date need not appear on cap.
Sec. 22-197b. Last sale date required on containers.
Sec. 22-198. Equipment of pasteurizing plant.
Sec. 22-199. Pasteurization plants; construction.
Sec. 22-200. Sanitary facilities.
Sec. 22-201. Additional requirements.
Secs. 22-202 and 22-203. Health certificates for employees in pasteurization plants. Penalty.
Sec. 22-203a. Testing of milk for the presence of drug residues or other inhibitory substances.
Sec. 22-203b. Liability.
Sec. 22-203c. Regulations.
Sec. 22-203d. Suspension or revocation of permit. Prohibition on receipt of milk found in violation.
Sec. 22-203e. Definitions.
Sec. 22-203f. Transportation of milk by bulk milk pickup tanker. Permit.
Sec. 22-203g. Application for permit. Validity.
Sec. 22-203h. Regulations.
Secs. 22-203i to 22-203z.

      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:

TemperatureTime
145 degrees Fahrenheit30 minutes
161 degrees Fahrenheit15 seconds
191 degrees Fahrenheit1 second
204 degrees Fahrenheit0.05 seconds
212 degrees Fahrenheit0.01 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; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (e); P.A. 04-189, S. 1.)

      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 by the Revisors with "milk products" to correct a typographical error in P.A. 93-320); June 30 Sp. Sess. P.A. 03-6 replaced separate Commissioners of Agriculture and Consumer Protection with single 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.

      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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 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.

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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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      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; 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.

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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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 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.

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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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      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; 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.

      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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      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; 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.

      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; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (e); P.A. 04-189, S. 1.)

      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; June 30 Sp. Sess. P.A. 03-6 replaced separate Commissioners of Agriculture and Consumer Protection with single 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.

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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; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1.)

      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; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department 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.

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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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, 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; 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.

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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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      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; 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.

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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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      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; 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.

      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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      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; 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.

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      Sec. 22-174. Out-of-state cream source permits. Inspection of cream source. Section 22-174 is repealed, effective July 1, 2001.

      (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; P.A. 01-138, S. 7, 8.)

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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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      Sec. 22-180. Discontinuance and resumption of shipments from approved farm or plant. Whenever shipments of milk to Connecticut markets from any dairy farm, group of farms, receiving plant or station have been discontinued during those months of the year other than July and August, for a period of sixty consecutive days, or during the months of July and August for a period of fourteen consecutive days, the commissioner may determine that such farm, group of farms, receiving plant or station is inactive and may be inspected by the commissioner as the commissioner deems necessary. The commissioner shall be notified of the resumption of shipment of milk to the state by such farm, group of farms, plant or station not less than seven days prior to such shipment.

      (1949 Rev., S. 3222; 1963, P.A. 295; P.A. 83-155, S. 1; P.A. 01-138, S. 5, 8.)

      History: 1963 act replaced October, November and December with July and August as months of importance in determining farm's or plant's retention or loss of approved status; P.A. 83-155 revised standards for determination of inactivity by raising days of discontinued shipment from forty-five to sixty for most months and from seven to fourteen during July and August, inactive designation having replaced previous categories of plants and "farms approved for shipment to Connecticut markets" and "new producers", provided commissioner option to inspect and required notification of resumption of shipments; P.A. 01-138 deleted reference to Sec. 22-174 and made technical changes for purposes of gender neutrality, effective July 1, 2001.

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      Sec. 22-181. Application for permit by new producer. Any new producer shall make application to the commissioner for a permit at least seven working days prior to the time he desires to ship milk to a Connecticut dealer.

      (1949 Rev., S. 3223; P.A. 83-155, S. 2; P.A. 91-312, S. 25.)

      History: P.A. 83-155 deleted reference to producers who have lost approved status for conformity with changes enacted in Sec. 22-180; P.A. 91-312 replaced "three days" with "seven working days".

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      Sec. 22-182. When approval or inspection of additional farms not required. The commissioner shall not be required to approve or inspect additional farms whenever he has ascertained, through his investigations or from reliable data made available to him, that the total quantity 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 during the preceding month has exceeded the total quantity sold in fluid form by them by more than twenty-five per cent or whenever, if the preceding month is July or August, the total quantity 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 exceeds by more than ten per cent the quantity sold in fluid form by them during such month.

      (1949 Rev., S. 3224; 1963, P.A. 292.)

      History: 1963 act replaced references to quantity of milk "received by dealers" 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 replaced November and December with July and August as months forming basis of computation.

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      Sec. 22-182a. Duties of commissioner if Federal Milk Order suspended or terminated. Wherever in sections 22-176, 22-177 and 22-182 reference is made to the Federal Milk Order applicable to Connecticut, if such order is suspended or terminated, the Commissioner of Agriculture shall substitute a computation based on reports to him of the receipts and uses of milk by all dealers with plants approved for the sale of milk in Connecticut.

      (1967, P.A. 418, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 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.

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      Sec. 22-183. Farms and plants once approved to retain status and right to inspection; exceptions. Whenever approval to ship milk to Connecticut markets has been given to a dairy farm or milk plant, whether such farm or plant is located within or without the state of Connecticut, the commissioner shall not thereafter refuse to inspect nor shall he revoke or suspend such approved status except for failure to produce and deliver milk, under the conditions specified in this chapter, which will meet the quality standards and other requirements set forth in this chapter.

      (1949 Rev., S. 3225; P.A. 83-155, S. 3.)

      History: P.A. 83-155 prohibited the revocation of a license for discontinuance of milk shipments to Connecticut for conformity with amendments to Sec. 22-180.

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      Sec. 22-184. Permits required for out-of-state plants and producing farms. Exemption. (a) Except as provided in subsection (b) of this section and in cases of emergency as set forth in sections 22-176 and 22-178, no person, firm or corporation which receives milk at a milk receiving or processing plant located outside the state of Connecticut may ship milk to any Connecticut market unless such plant and all of the producing farms from which milk is delivered to such plant have been approved by and hold permits from the commissioner. The act of accepting or receiving milk at such plant from any milk-producing farm or other dairy plant which has not been approved by and which does not currently hold a permit issued by the commissioner for shipment of milk to Connecticut markets may be considered adequate grounds for termination or suspension of, or refusal to grant, a permit for such plant.

      (b) Any farm located outside the state which supplies milk for use only as ultra-high-temperature processed and aseptically packaged or ultrapasteurized milk and milk products shall not be required to be approved or hold a permit from the commissioner provided the commissioner may inspect such farms at his discretion. Nothing in this subsection shall be construed to limit the commissioner's authority under sections 22-129 and 22-129a or to limit the exercise of any other authority necessary to protect the public health.

      (1949 Rev., S. 3226; P.A. 90-66, S. 3; P.A. 91-312, S. 26.)

      History: P.A. 90-66 added Subsec. (b) re exemption from permit requirements of farms located outside the state which supply milk only for use as aseptically processed or ultrapasteurized milk and milk products; P.A. 91-312 amended Subsec. (b) to reposition the word "only" and to replace "aseptically processed" with "ultra-high-temperature processed and aseptically packaged".

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      Sec. 22-184a. Permits for out-of-state plants which do not ship milk to this state. Section 22-184a is repealed, effective October 1, 1997.

      (P.A. 86-168, S. 1, 6; P.A. 91-312, S. 27, 48; P.A. 97-234, S. 11.)

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      Sec. 22-185. Temporary permit for receiving cream. If an individual dealer finds that the cream available to him from regular approved sources of supply is inadequate to meet his cream requirements, the commissioner, upon application from a dealer, may issue a temporary permit, including oral permission granted by telephone or otherwise, which will authorize the dealer to receive cream from uninspected sources, provided such cream, upon arrival at Connecticut markets, shall conform to the bacteriological and other standards established for cream in this chapter and regulations pertaining thereto issued by the commissioner or by the Milk Regulation Board.

      (1949 Rev., S. 3227; 1961, P.A. 219.)

      History: 1961 act allowed oral permission as form of temporary permit and deleted provisions setting duration of such permits as remainder of current calendar month, allowing month-to-month extensions and requiring receipt of cream from "preferred emergency sources" if available before receipts from "uninspected sources".

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      Sec. 22-186. Statements pertaining to receipt and disposition of milk and cream. Information to producers. Termination of Federal Milk Order. Assessment on producers. (a) Upon the request of the commissioner and within ten days after the close of each month's business, each person, firm or corporation which bottles, manufactures, processes, sells or distributes milk or cream within the state shall make and forward to the commissioner a sworn statement, on forms prescribed by the commissioner, in regard to the quantity of milk or cream received, sold, distributed or manufactured by such person, stating where such milk or cream was produced and specifying the number of quarts of milk sold or disposed of in fluid form, the quantity of milk which has been used to produce cream sold in fluid form and the quantity of milk which has been used to produce manufactured products. Each such statement shall provide such other information pertaining to the receipts, sale, use or disposition of milk, cream and milk products as the commissioner requires. The commissioner shall, upon request of the producer or producers directly affected thereby, transmit information pertaining to the receipts of milk from various sources by a particular dealer and the uses made of it by such dealer.

      (b) If the Federal Milk Order applicable to Connecticut is terminated, the commissioner or his designated agent shall have power to examine, copy and audit, from time to time, as he deems necessary and proper, the books, papers, records and accounts of all dealers with plants approved for the sale of milk in Connecticut and others for the purpose of effectuating the policy and provisions of this chapter or any order, ruling, regulation or direction promulgated hereunder. The commissioner or his designated agent shall have access to and may enter and inspect at all reasonable hours all places, equipment and vehicles where milk and milk products are being received, purchased, stored, bottled, manufactured, sold or handled and where books, papers, records or accounts relating thereto are kept.

      (c) The commissioner may levy an assessment on all milk producers, at a rate to be determined by the commissioner, after public hearing, which shall not exceed one cent for each hundredweight of milk produced. Assessment funds received from milk producers shall be paid by the commissioner to the State Treasurer to the account of the General Fund, and all moneys so paid are appropriated to the commissioner for the administration of this section.

      (1949 Rev., S. 3228; 1951, 1955, S. 1761d; 1961, P.A. 200; 1967, P.A. 573, S. 1.)

      History: 1961 act deleted provision requiring monthly reports to milk administrator and made commissioner rather than milk administrator responsible for transmitting information upon producers' requests; 1967 act added Subsecs. (b) and (c) re commissioner's access to records, etc. and his power to levy assessments to cover administration costs.

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      Sec. 22-187. Appeal. Any person aggrieved by the performance by the commissioner of any administrative act provided for in sections 22-172 to 22-186, inclusive, may appeal therefrom in accordance with the provisions of section 4-183.

      (1949 Rev., S. 3229; 1971, P.A. 870, S. 73; P.A. 76-436, S. 452, 681; P.A. 77-603, S. 94, 125.)

      History: 1971 act replaced superior court with court of common pleas, 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 appeal provision with provision requiring that appeals be made in accordance with Sec. 4-183.

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      Sec. 22-188. Carriers of communicable diseases not to handle milk or utensils. Section 22-188 is repealed.

      (1949 Rev., S. 3230; P.A. 91-312, S. 47.)

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      Sec. 22-189. Sanitary provisions. All stables, buildings and premises where milk, cream, skimmed milk or buttermilk is being produced, handled or sold shall be maintained at all times in a clean and orderly manner. The cows on such premises shall be healthy and free from disease, be kept clean and be housed in suitable quarters, well lighted and ventilated. The water used on such premises shall be free from pollution or organisms which cause or are liable to cause disease, as determined by analyses of samples ordered taken by the commissioner. All privies, cesspools and sink drains on such premises shall be so located, constructed and maintained that the contents will not be a menace to milk products or the public health. All utensils and containers used in handling milk shall be thoroughly washed immediately after using and be effectually sanitized immediately prior to reuse.

      (1949 Rev., S. 3231; 1961, P.A. 174; 1967, P.A. 135.)

      History: 1961 act required that utensils and containers be "sanitized immediately prior to reuse" rather than "sterilized, preferably by steam"; 1967 act deleted reference to determination of cows' health "as determined by physical examination".

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      Sec. 22-190. Milk rooms in dairies. Sterilizing equipment in milk plants. A milk house or room shall be provided in any dairy where milk is being produced, handled or sold and such house or room shall be used exclusively for the care, cooling, handling and storing of milk or products thereof, and bottling noncarbonated, nonalcoholic beverages. Other uses of the milk room consistent with 4he preservation of sanitation may be permitted by individual specific permit issued by the Milk Regulation Board. The room shall have a smooth concrete floor, graded, drained and trapped so that water will not stand on the floor. The space occupied by windows shall equal at least ten per cent of the floor area. All windows, doors or other openings shall be effectually screened during the fly season. If a steam boiler is used, it shall be located in a separate room or building and suitable ventilators shall be provided in the processing rooms to carry off the steam. Milk plants in which milk is being prepared for retail trade shall be equipped with suitable facilities for washing and sanitizing bottles, cans and other equipment and shall have an adequate supply of hot and cold water. If a steam sterilizer is not used, a chemical solution approved by the commissioner shall be used for sanitizing purposes.

      (1949 Rev., S. 3232; 1951, S. 1762d; 1961, P.A. 172; 1969, P.A. 38.)

      History: 1961 act required that steam boiler be in separate room or building and required ventilators in processing rooms rather than single ventilator in ceiling, substituted "sanitizing" for "sterilizing", deleted provision which stated that water supply need not be running water or water under pressure and changed wording of provision re required use of approved chemical solution slightly; 1969 act added provision allowing other uses of milk room consistent with preserving sanitary conditions by specific permit.

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      Sec. 22-191. Preparation of milk. Section 22-191 is repealed, effective October 1, 1997.

      (1949 Rev., S. 3233; 1951, 1953, S. 1763d; 1961, P.A. 173; P.A. 85-119, S. 3; P.A. 97-234, S. 11.)

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      Sec. 22-192. Chocolate milk. Flavored milk. Section 22-192 is repealed.

      (1949 Rev., S. 3175, 3234; 1951, 1953, S. 1731d; 1951, 1955, S. 1764d; 1961, P.A. 257, S. 1; 518, S. 4; 1969, P.A. 56, S. 4; P.A. 85-119, S. 4; P.A. 91-312, S. 47.)

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      Sec. 22-192a. Sale of milk as from tested cows. No person, firm or corporation shall sell or advertise milk or cream as coming from tuberculin-tested cows or herds unless all raw milk sold or offered for sale by such person, firm or corporation is produced from tuberculin-tested cows or herds officially tested by the Commissioner of Agriculture, or unless such person, firm or corporation has an accredited herd certificate issued within twelve months. No person, firm or corporation shall sell or advertise milk or cream as coming from brucellosis-tested cows unless such cows are in a herd or herds maintained under the Connecticut plan for the eradication of brucellosis executed under authority of said commissioner.

      (1961, P.A. 257, S. 2; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; 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.

      See Sec. 22-287 et seq. re tuberculin tests.

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      Sec. 22-193. Milk and cream sold at retail or served in public eating places. No person shall bottle, pour, dip or measure any milk, cream, low-fat milk, skimmed milk or buttermilk for sale at retail in any vehicle upon any street, or in any other place than a milk room or place approved by the commissioner. Milk, when served by any hotel, restaurant, lunchroom, fountain or other place of public entertainment, shall be served in the original bottle, the cap of which shall not be removed except in the presence of the consumer or patron, but this provision shall not apply to cream so served or to mixed beverages of which milk forms a part, or to pasteurized homogenized milk or cream with or without flavoring dispensed from a refrigerated dispensing machine approved by the commissioner, if the location, maintenance and operation of the machine, in the opinion of the commissioner, provide full and adequate sanitary protection for the milk. Only pasteurized milk and pasteurized low fat milk and pasteurized cream or milk and low fat milk and cream from a herd certified free from brucellosis and tuberculosis shall be served to consumers in any hotel, restaurant or lunchroom or at any fountain or in any place of public entertainment whether served as milk and low fat milk and cream or as a part of a mixed beverage.

      (1949 Rev., S. 3235; 1953, 1955, S. 1765d; 1961, P.A. 518, S. 5.)

      History: 1961 act included low-fat milk in prohibition re sale of various types of milk from vehicle on street and allowed sale of low-fat and pasteurized low-fat milk in restaurants, etc.

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      Sec. 22-194. Pasteurized milk and milk products. (a) The term "pasteurized", or any similar term, when used in connection with milk or milk products, means such milk or product which has been subjected to the process of pasteurization, as defined in section 22-127.

      (b) The Milk Regulation Board shall designate suitable laboratory tests, and standards based thereon, which shall be used upon representative samples to determine whether or not milk or milk products have been pasteurized. All pasteurized milk and cream shall be placed in final containers, which shall be clean and free from foreign material, immediately after cooling and stored at a temperature of forty degrees Fahrenheit or below.

      (c) On delivery vehicles the temperature of milk and milk products shall be maintained at not more than forty-five degrees Fahrenheit.

      (1949 Rev., S. 3236; 1961, P.A. 212, S. 1; 1963, P.A. 491; 1972, P.A. 151, S. 3; P.A. 77-214, S. 3; P.A. 83-45; P.A. 91-312, S. 28.)

      History: 1961 act increased required temperatures in Subdiv. (1) from one hundred and forty-two to one hundred and forty-five degrees Fahrenheit and in Subdiv. (2) from one hundred and sixty to one hundred and sixty-one degrees Fahrenheit and required that temperature be maintained for sixteen rather than fifteen seconds; 1963 act required that final containers for milk be "clean and free from foreign material"; 1972 act reduced required time temperature must be maintained in Subdiv. (2) to fifteen seconds; P.A. 77-214 required that milk be immediately cooled to forty-five rather than fifty degrees in Subdivs. (1) and (2) and maintained at that temperature; P.A. 83-45 reduced the temperature to which milk must be cooled after pasteurization and the temperature at which milk must be stored from forty-five to forty degrees Fahrenheit or below, applied same provisions to cream which previously had had a fifty-degree storage temperature limit and added provision re temperature to be maintained on delivery vehicles; P.A. 91-312 divided section into Subsecs. and amended Subsec. (a) to replace definition of "pasteurization" with reference to pasteurization "as defined in section 22-127".

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      Sec. 22-195. Permits for pasteurization. Bottling process. Injunction. (a) No person, firm or corporation shall engage in the process known as pasteurization of milk or cream for public sale until a permit has been issued by the commissioner. Except as provided in subsection (c) of this section, upon receipt of an application for such permit, the commissioner shall inspect the location and facilities of the applicant and shall issue such permit if he is satisfied that no unsanitary condition exists and that such facilities comply with the provisions of this chapter. Such permit may be suspended or revoked at any time for cause by the commissioner. During pasteurization, a competent person shall be in charge, who has passed an examination satisfactory to the commissioner and holds a certificate to pasteurize milk, which certificate shall be valid only in the milk plant in which the person is employed and shall continue valid until revoked or until such person leaves such place of employment, but the commissioner may grant a certificate to such person without reexamination upon his employment in another milk plant. No milk or cream shall be sold in this state as pasteurized milk or cream unless produced in accordance with the provisions of this chapter and handled and processed in a manner and through apparatus and equipment approved by the commissioner.

      (b) No permit shall be issued pursuant to subsection (a) of this section to any person, firm or corporation which, in the process of bottling milk, uses reusable containers made of polyethylene material unless such person, firm or corporation, in such bottling process, uses a device or method approved by the commissioner for detecting whether or not such bottles are contaminated. If the commissioner finds that any person, firm or corporation holding a permit under subsection (a) of this section is using such reusable containers without using such a detecting device or method, the commissioner, after hearing, shall order such person, firm or corporation to install such detecting device or employ such method or cease such process of bottling. No person, firm or corporation which in the process of bottling milk uses reusable containers made of polycarbonate plastic shall be required to employ a device capable of detecting, in such bottling process, volatile organic contaminants. The Milk Regulation Board shall establish standards and criteria, by regulation adopted in accordance with the provisions of chapter 54, for the use of polycarbonate returnable containers. Such standards and criteria shall provide assurance of freedom from volatile organic contaminants of a public health significance. No permit shall be issued pursuant to subsection (a) of this section to any person, firm or corporation who fails to comply with the standards and criteria for the use of the reusable polycarbonate milk containers established by the Milk Regulation Board.

      (c) Any processing facility which sells or distributes within the state ultra-high-temperature processed and aseptically packaged or ultrapasteurized milk or milk products may be issued a permit without an on-site inspection by the commissioner if such facility is in compliance with the Interstate Milk Shippers Program and maintains a milk sanitation compliance rating of ninety per cent or more under said program. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection and may require the payment of a fee at the time of application.

      (d) If any person, firm or corporation fails to comply with any order issued by the commissioner pursuant to subsection (b) of this section, the commissioner shall request the Attorney General to bring an action in the superior court for the judicial district of Hartford to enjoin such person, firm, or corporation from continuing such bottling process without fully complying with the commissioner's order. Any action brought by the Attorney General pursuant to the provisions of this subsection shall have precedence in the order of trial as provided in section 52-191.

      (1949 Rev., S. 3237; 1951, S. 1766d; 1959, P.A. 84; 1961, P.A. 171; 1969, P.A. 107, S. 1; P.A. 80-483, S. 161, 186; P.A. 81-54; P.A.. 88-230, S. 1, 12; P.A. 90-66, S. 4; 90-98, S. 1, 2; P.A. 91-312, S. 29; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: 1959 act replaced provision requiring renewal annually in January with provisions limiting certificate's validity to plant in which certificate holder is employed for indefinite period and allowed commissioner to grant certificate valid for employment at another plant without reexamination; 1961 act required compliance with provisions of chapter rather than with Connecticut milk inspection code before sale of milk or cream allowed; 1969 act added Subsecs. (b) and (c) re reusable containers and re procedure for enforcing compliance with commissioner's orders; P.A. 80-483 replaced "Hartford county" with "judicial district of Hartford-New Britain" in Subsec. (c); P.A. 81-54 amended Subsec. (b) to require use of approved method or device for detecting contamination if containers made of "polyethylene", rather than "plastic or polymeric", material and added provisions re containers made of polycarbonate plastic; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-66 inserted new Subsec. (c) re issuance of a permit without an on-site inspection and the adoption of regulations concerning same and relettered former Subsec. as (d); P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-312 amended Subsec. (c) to replace "aseptically processed" with "ultra-high-temperature processed and aseptically packaged"; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

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      Sec. 22-196. Pasteurization within the state. Permits for imported pasteurized milk or cream. Section 22-196 is repealed.

      (1949 Rev., S. 3238; 1951, 1953, S. 1767d; 1967, P.A. 163, S. 3.)

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      Sec. 22-197. Labeling of receptacle containing pasteurized milk or cream. 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 or cream which has been pasteurized unless the receptacle in which the same is contained is plainly labeled with the name and address of the registered dealer, and the name, grade or class of product, and the word "pasteurized". If such registered dealer does not operate the dairy plant where the milk or cream was pasteurized, the commissioner's pasteurizing plant permit number of the dairy plant where the product was pasteurized shall appear on the label. No person shall at retail sell or exchange, or offer for sale or exchange, or have in his possession with intent to sell or exchange any milk or cream which has not been pasteurized unless the receptacle in which the same is contained is plainly labeled "raw" in letters as large as or larger than any other letters on the label.

      (1949 Rev., S. 3239; 1953, S. 1768d; 1961, P.A. 201; 380.)

      History: 1961 acts revised label requirements, eliminating distinction between requirements re milk and re cream where milk label required to have pasteurizing plant named while cream required to have dealer named, deleted label requirements for milk or cream "pasteurized more than one week" and forbade sale of unpasteurized milk or cream unless labeled as "raw".

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      Sec. 22-197a. Pasteurization, processing or sale date need not appear on cap. Section 22-197a is repealed.

      (1961, P.A. 560; P.A. 73-269, S. 2, 3.)

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      Sec. 22-197b. Last sale date required on containers. (a) In addition to the requirements of section 22-197, each container of milk or cream, yogurt, cream cheese, cottage cheese, ricotta cheese, eggnog or sour cream sold or offered for retail sale to consumers, on and after January 1, 1982, shall be clearly marked with the last date on which such item may be sold or offered for sale. If such milk or cream was pasteurized at a temperature of two hundred twelve degrees Fahrenheit or less, the last sale date shall not exceed twelve days from the day on which such milk or cream was pasteurized except as provided in subsection (b) of this section.

      (b) The Milk Regulation Board shall adopt regulations in accordance with chapter 54 establishing a uniform method of displaying such date on such containers and a procedure which the Commissioner of Agriculture shall follow for approval of a last sale date for milk or cream in excess of twelve days for milk or cream pasteurized at a temperature of two hundred twelve degrees Fahrenheit or less. The regulations shall include but not be limited to procedures for verification of an extended last sale date and review of the appropriateness of such date. The commissioner may authorize an extended last sale date for milk or cream upon request of a milk processor.

      (P.A. 73-269, S. 1, 3; P.A. 81-161, S. 1, 2; P.A. 82-102, S. 1, 2; P.A. 84-19, S. 1; P.A. 91-312, S. 30; P.A. 98-12, S. 20, 22; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 81-161 amended Subsec. (a) by adding cream, yogurt, cream cheese, cottage cheese, ricotta cheese and sour cream to products requiring container dating, changed "January 1, 1974" to "January 1, 1982" and specified that last sale date shall not exceed ten days from pasteurization date if milk or cream pasteurized at less than two hundred twelve degrees Fahrenheit and amended Subsec. (b) to require that regulations be in accordance with chapter 54 and to empower board to change last sale date; P.A. 82-102 amended Subsec. (a) to extent the last sale date from ten to twelve days and amended Subsec. (b) to authorize the milk regulation board to establish a procedure whereby the commissioner could extend the last sale date beyond twelve days for an individual milk processor; P.A. 84-19 amended Subsec. (b) by increasing the pasteurization temperature from two hundred degrees Fahrenheit to two hundred twelve degrees Fahrenheit; P.A. 91-312 amended Subsec. (a) to require each container of eggnog to be marked with the last sale date; P.A. 98-12 deleted reference to repealed Sec. 22-135, 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.

      See chapter 54 re uniform administrative procedure.

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      Sec. 22-198. Equipment of pasteurizing plant. Each pasteurizing plant, except such plants as use the single batch system, shall be equipped with an automatic controller and an automatic recording thermometer, which shall regulate and register on a chart the temperature of the milk or cream as it is pasteurized. The recording thermometer shall be tested daily by a certified operator, and an accurate record of the findings shall be kept in such a manner as the commissioner requires, showing the date when the thermometers were tested. Each plant shall be equipped with a certified thermometer for checking the accuracy of other required thermometers, and such thermometer, before being used, shall be certified as to its accuracy by the Connecticut Agricultural Experiment Station at New Haven. An automatic controller and a duplicate automatic recording thermometer shall be kept in reserve in good repair at all times. Plants pasteurizing with the batch system, with one tank, shall be equipped with an automatic recording thermometer which shall register on a chart the temperature of the milk or cream as it is pasteurized, and a duplicate automatic recording thermometer shall be kept in reserve in good repair at all times. Each chart for recording shall be certified to in a manner prescribed by the commissioner before being used, and after use shall be preserved for at least six months, subject to inspection by the commissioner.

      (1949 Rev., S. 3240; 1953, S. 1769d.)

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      Sec. 22-199. Pasteurization plants; construction. All pasteurization plants shall be constructed so that all rooms in which milk is handled or in which milk apparatus and milk utensils are washed shall have dust-proof walls and ceilings. Unless constructed of concrete, smooth brick or tile, walls and ceilings shall be kept sufficiently painted a light color. The floors shall be watertight and so graded that all drainage will flow to one or more points of drainage. All drains in pasteurization plants shall be trapped and drained to the approval of the commissioner. When not discharged into city sewers, drainage shall be drained into cesspools or septic tanks at least fifty feet from the building. All rooms in which milk is handled and in which milk apparatus and utensils are washed shall be lighted and ventilated to the approval of the commissioner. Doors, windows and ventilators shall be screened from May first to November first. Screen doors shall be provided with self-closing devices, and all screens shall be maintained in good working condition, unless some other method of insect control is effectively maintained. All pasteurizing plants receiving milk or cream or milk products in bulk or in tanks shall provide a loading and unloading shed or room for such operations, including suitable equipment and facilities, all having the approval of the commissioner.

      (1949 Rev., S. 3241; 1953, 1955, S. 1770d.)

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      Sec. 22-200. Sanitary facilities. Toilet and washing facilities, to the approval of the commissioner, shall be provided for the use of employees. Locker rooms or toilets shall not open directly into any room in which milk or milk utensils are handled. No cats, dogs or other animals shall be permitted in rooms where milk is handled or stored. Rooms for pasteurization, cooling, bottling and storing milk shall not be used for other than dairy purposes. An adequate supply of pure water shall be provided.

      (1949 Rev., S. 3242.)

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      Sec. 22-201. Additional requirements. All milk plant equipment shall be constructed of stainless steel or other material approved by the commissioner and shall be of sanitary construction. All equipment shall be so arranged as to be easily opened or taken apart for cleaning after each use. The commissioner may allow pasteurizing plant apparatus and equipment to be cleaned in place rather than disassembled. In such cases, the commissioner shall require the pasteurizing plant permittee to furnish a complete description of the apparatus and equipment to be washed and sanitized in each cleaned-in-place circuit and the explicit methods to be employed. Cleaning in place of pasteurizing plant equipment shall not be done without the approval of the commissioner. Water and steam pipes shall be kept clean and free from dirt and loose rust. Surface coolers, unless located in a room used only for cooling milk, shall be protected by suitable metal or glass covers. Caps for bottles shall be secured in sterilized containers and be protected from contamination until used, unless milk is pasteurized in bottles. The apparatus or device used in bottling milk or capping milk bottles shall be so constructed that the milk and caps used in the process will not come in contact with human hands. Such apparatus or device shall be subject to the approval of the commissioner. The building in which milk is handled and the surrounding premises shall be maintained in a clean and sanitary condition. Suitable facilities shall be provided for washing, sanitizing and storing all apparatus, bottles, cans and utensils, and they shall be cleaned and sanitized immediately after use. All pasteurizing apparatus shall be resanitized immediately before the pasteurizing process is commenced. All persons while handling milk shall wear clean, washable outer garments. The use of tobacco and spitting are prohibited in any part of the pasteurizing plant.

      (1949 Rev., S. 3243; 1955, S. 1771d; 1961, P.A. 191; 1967, P.A. 79.)

      History: 1961 act substituted references to sanitizing for references to sterilizing, replaced specific listing of equipment with general reference to "milk plant equipment", deleted provision allowing its construction to be of "tinned copper", deleted provision specifically requiring smoothly fitting metal covers and smoothly soldered angle joints and deleted provision prohibiting reassembly of equipment until needed again for pasteurization process; 1967 act deleted provision prohibiting use of "tightly closed elbow joints".

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      Secs. 22-202 and 22-203. Health certificates for employees in pasteurization plants. Penalty. Sections 22-202 and 22-203 are repealed.

      (1949 Rev., S. 3244, 3245; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 77-614, S. 323, 610; P.A. 84-19, S. 2; P.A. 91-312, S. 47.)

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      Sec. 22-203a. Testing of milk for the presence of drug residues or other inhibitory substances. (a) Any person, firm or corporation holding a permit issued under section 22-173 shall test each tank truck load of milk or milk products for the presence of drug residues or other inhibitory substances upon receipt of such milk or milk product at the receiving plant prior to processing. In the case of interplant shipments of bulk milk or milk products, each bulk tank load, or portion thereof, shall be tested prior to processing for the presence of drug residues or other inhibitory substances. Any person, firm or corporation holding a permit issued under section 22-173 who or which processes milk produced at the same location shall test such milk or milk products prior to processing. The Commissioner of Agriculture may require a milk producer holding a permit issued under section 22-172 who violates section 22-129 to test milk produced by him for the presence of drug residues or inhibitory substances prior to shipment. For purposes of this section and sections 22-203b to 22-203d, inclusive, "drug" means (1) articles recognized in the Official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them; (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; (3) articles, other than food, intended to affect the structure or any function of the body of man or other animals; or (4) articles intended for use as a component of any articles specified in subdivision (1), (2) or (3), but does not include devices or their components, parts or accessories.

      (b) Any test administered pursuant to this section shall be a screening test or other test approved by the Commissioner of Agriculture and shall be capable of determining compliance with standards for drug residue tolerance levels recommended by the United States Food and Drug Administration. Any test approved by the commissioner shall be rapid and economically feasible and shall not unduly delay the pickup, transportation or unloading of milk. The results of any test required shall be recorded by the person administering such test and kept on file at the receiving plant or at the processing plant for not less than one year after administration.

      (P.A. 85-345, S. 1, 5; P.A. 92-255, S. 1, 8; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 92-255 amended Subsec. (a) to replace references to "antibiotic residues" with "drug residues", to define "drug" and to make additional provisions for testing of milk and amended Subsec. (b) to make further specification re testing requirements and to extend the time required for retaining records re testing from sixty days to one year; 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.

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      Sec. 22-203b. Liability. A producer who causes the presence of drug residue or inhibitory substances at levels above those recommended by the United States Food and Drug Administration in a bulk tank truck of milk or milk products shall be liable to a processor or marketing cooperative receiving such milk or milk products for the actual value of any affected tank truck compartment picked up at the farm of such producer by such processor or marketing cooperative.

      (P.A. 85-345, S. 2; P.A. 92-255, S. 2, 8.)

      History: P.A. 92-255 replaced references to "antibiotic residues" with "drug residues" and applied provisions re liability for presence of drug residues in milk to marketing cooperatives.

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      Sec. 22-203c. Regulations. The Milk Regulation Board, in accordance with the provisions of chapter 54, shall adopt regulations to implement the provisions of section 22-203a, including, but not limited to, regulations for administering tests of bulk tank truck loads of milk or milk products to determine the presence of drug residues or other inhibitory substances, the recording of all test results and the reporting of test failures to the department. The commissioner may coordinate and provide educational materials or other information to producers regarding management programs to reduce the incidence of drug residues in milk including, but not limited to, the milk and dairy beef residue prevention program.

      (P.A. 85-345, S. 3, 5; P.A. 92-255, S. 3, 8.)

      History: P.A. 92-255 authorized additional regulations requiring that test results be recorded and that failures be reported to department, replaced references to "antibiotic residues" with "drug residues" and authorized commissioner to supply educational materials and information to producers.

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      Sec. 22-203d. Suspension or revocation of permit. Prohibition on receipt of milk found in violation. (a) The Commissioner of Agriculture may suspend or revoke the permit of any milk processor issued under section 22-173 for a violation of any provision of section 22-203a. Any person, firm or corporation who violates any provision of said section 22-203a shall be assessed a civil penalty of not less than one thousand dollars for the first violation during any twelve-month period and not less than two thousand dollars nor more than five thousand dollars for any subsequent violation within such period.

      (b) If milk from a dairy farm is found to contain drug residues or other inhibitory substances at levels above those recommended by the United States Food and Drug Administration, no milk produced by such farm may be received by any milk dealer or handler for a period of two days. In the event of a subsequent finding of such a violation within a twelve-month period, no milk produced by such farm may be received by any milk dealer or handler for a period of four days. In the event of a third finding of such a violation within a twelve-month period, no milk produced by such farm may be received by any milk dealer or handler for a period of four days and the commissioner may (1) revoke or suspend the producer's permit issued under section 22-172, or (2) initiate action to assess an administrative civil penalty for such violation in accordance with the provisions of section 22-7.

      (P.A. 85-345, S. 4; P.A. 91-312, S. 31; P.A. 92-255, S. 4, 8; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 91-312 replaced the penalty of a fine of not more than five hundred dollars for the first violation and not more than two thousand five hundred dollars for any subsequent violation with provision for the assessment of a civil penalty in accordance with Sec. 22-6g; P.A. 92-255 amended Subsec. (a) to provide a civil penalty for violation of Sec. 22-203a and added a new Subsec. (b) to provide for prohibition on receipt of milk found to contain drug residues and procedures for enforcement; 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.

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      Sec. 22-203e. Definitions. As used in sections 22-203e to 22-203h, inclusive: (1) "Permit" means a permit issued by the Commissioner of Agriculture pursuant to section 22-203g or issued by a milk transport regulatory agency of another state that has bulk milk pickup tanker permit and safety requirements that, in the opinion of the commissioner, are consistent with the requirements of the Grade A Pasteurized Milk Ordinance recommended by the United States Department of Health and Human Services; (2) "inspection report" means a report issued as part of the permit application under section 22-203g or issued after an inspection conducted pursuant to subsection (b) of section 22-203f; and (3) "Commissioner of Agriculture" includes the commissioner's designee or an agent or assistant authorized under section 22-128.

      (P.A. 01-138, S. 1, 8; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 01-138 effective July 1, 2001; 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.

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      Sec. 22-203f. Transportation of milk by bulk milk pickup tanker. Permit. (a) No person may engage in the transportation of milk or milk products by bulk milk pickup tanker to or from a farm, milk plant, receiving station or transfer station in this state unless: (1) The owner of the bulk milk pickup tanker has a valid permit for such tanker and a current inspection report; and (2) the permit and inspection report accompany the tanker.

      (b) The Commissioner of Agriculture may stop any bulk milk pickup tanker engaged in the transportation of milk or milk products to or from a farm, milk plant, receiving station or transfer station in this state to: (1) Determine whether a valid permit and inspection report accompany the tanker; or (2) conduct a safety and sanitation inspection. If the commissioner conducts a safety and sanitation inspection pursuant to such a stop, the commissioner may issue a new safety and sanitation inspection report. If an inspection conducted under this section reveals construction or repair defects or the need for significant cleaning, the commissioner may order a tanker removed from service until such deficiencies are corrected. If a tanker inspected under this section has a permit issued by another state, the commissioner may forward the results of the inspection to the issuing state.

      (P.A. 01-138, S. 2, 8; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 01-138 effective July 1, 2001; 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.

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      Sec. 22-203g. Application for permit. Validity. (a) Each person seeking a permit for a bulk milk pickup tanker shall make application on forms prescribed by the Commissioner of Agriculture.

      (b) The commissioner shall issue a permit to an applicant upon evidence satisfactory to the commissioner that the tanker is in compliance with the milk handling requirements of this chapter.

      (c) A permit issued under this section shall be valid for one year from the date of issuance and may be renewed upon application to the commissioner on forms prescribed by the commissioner.

      (P.A. 01-138, S. 3, 8; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 01-138 effective July 1, 2001; 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.

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      Sec. 22-203h. Regulations. The Commissioner of Agriculture may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of sections 22-203f and 22-203g.

      (P.A. 01-138, S. 4, 8; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 01-138 effective July 1, 2001; 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.

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      Secs. 22-203i to 22-203z. Reserved for future use.

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