Sec. 22a-59. Enforcement; inspection, samples, warrants. (a) For purposes of
enforcing the provisions of this chapter, subsection (a) of section 23-61a and sections
23-61b and 23-61f, officers or employees duly designated by the commissioner are
authorized to enter at reasonable times, any establishment or other place where pesticides
or devices are being or have been used, or where pesticides or devices are held for use,
distribution or sale in order to: (1) Observe the application of pesticides; (2) determine
if the applicator is or should be certified; (3) determine if the applicator has obtained a
proper permit to apply restricted use pesticides; (4) inspect equipment or devices used
to apply pesticides; (5) inspect or investigate the validity of damage claims; (6) inspect
or obtain samples in any place where pesticides or devices have been used or are held
for use, storage, distribution or sale; (7) obtain samples of any pesticides or devices
packaged, labeled and released for shipment and samples of any containers or labeling
for such pesticides or devices, and (8) obtain samples of any pesticides or devices that
have been used and obtain samples of any containers or labeling for such pesticides or
devices. Before undertaking such inspection, the officers or employees shall present to
the owner, operator, or agent in charge of the establishment or other place where pesticides or devices are held for distribution or sale, appropriate credentials and a written
statement as to the reason for the inspection, including a statement as to whether a
violation of the law is suspected. If no violation is suspected, an alternate and sufficient
reason shall be given in writing. Each such inspection shall be commenced and completed with reasonable promptness. If the officer or employee obtains any samples, prior
to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt
describing the samples obtained and, if requested, a portion of each such sample equal
in volume or weight to the portion retained. If an analysis is made of such samples, the
laboratories of the Connecticut Agricultural Experiment Station may be used and a copy
of the results of such analysis shall be furnished promptly to the owner, operator, or
agents in charge and the commissioner.
(b) For purposes of enforcing the provisions of this part, subsection (a) of section
23-61a and sections 23-61b and 23-61f, and upon a showing to an officer or court of
competent jurisdiction that there is reason to believe that the provisions of this chapter
and said sections have been violated, officers or employees duly designated by the
commissioner are empowered to obtain and to execute warrants authorizing: (1) Entry
for the purpose of this section; (2) inspection and reproduction of all records showing
the quantity, date of shipment, and the name of consignor and consignee of any pesticide
or device found in the establishment which is adulterated, misbranded, not registered,
in the case of a pesticide, or otherwise in violation of this part and said sections and in
the event of the inability of any person to produce records containing such information,
all other records and information relating to such delivery, movement, or holding of the
pesticide or device; and (3) the seizure of any pesticide or device which is in violation
of this part and said sections.
(P.A. 73-540, S. 14, 28; P.A. 74-338, S. 72, 94; P.A. 77-529, S. 17; P.A. 83-108, S. 3; P.A. 02-89, S. 61.)
History: P.A. 74-338 substituted "are recognized" for "or recognized", a technical change in Subsec. (a); P.A. 77-529
allowed commissioner's designees to enter places for purposes other than inspection or obtaining samples in Subsec. (a);
P.A. 83-108 amended Subsec. (a) to clarify the department's authority in obtaining pesticide samples from areas where
they have been used or stored and to substitute "chapter" for "part"; P.A. 02-89 replaced references to "sections 23-61b
to 23-61d, inclusive, and 23-61f" with references to "sections 23-61b and 23-61f" in Subsecs. (a) and (b), reflecting repeal
of Sec. 23-61d by the same public act, and made technical changes in Subsecs. (a) and (b).
Sec. 22a-60. Trade secrets and business information protected. Declaratory
judgments. (a) In submitting data required by this part, the applicant may (1) clearly
mark any portions thereof which in his opinion are trade secrets or commercial or financial information and (2) submit such marked material separately from other material
required to be submitted under this part.
(b) Notwithstanding any other provision of this part, the commissioner shall not
make public information which in his judgment contains or relates to trade secrets or
commercial or financial information obtained from a person and privileged or confidential, except that, when necessary to carry out the provisions of this part, information
relating to formulas of products acquired by authorization of this part may be revealed
to any federal or state agency consulted and may be revealed at a public hearing or in
findings of fact issued by the commissioner.
(c) If the commissioner proposes to release for inspection information which the
applicant or registrant believes to be protected from disclosure under subsection (b) of
this section, he shall notify the applicant or registrant in writing. The commissioner
shall not thereafter make available for inspection such data until thirty days after receipt
of the notice by the applicant or registrant. During this period, the applicant or registrant
may institute an action in the superior court for the judicial district of Hartford for a
declaratory judgment as to whether such information is subject to protection under this
section.
(P.A. 73-540, S. 15, 28; P.A. 76-436, S. 273, 681; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2;
P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)
History: P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 replaced
"Hartford county" with "judicial district of Hartford-New Britain"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of
P.A. 88-230 from September 1, 1991, to September 1, 1993; 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.
Sec. 22a-61. Prohibited acts. Certification refusal, revocation; grounds; hearing. (a) Except as provided by subsection (b) of this section, it shall be unlawful for any
person to use, distribute, sell, offer for sale, hold for sale, ship, deliver for shipment, or
receive and having so received, deliver or offer to deliver, to any person:
(1) Any pesticide which is not registered pursuant to this part, except as provided
by subsection (a) of section 22a-52;
(2) Any registered pesticide if any claims made for it as a part of its distribution or
sale substantially differ from any claims made for it as a part of the statement required
in connection with its registration;
(3) Any registered pesticide the composition of which differs at the time of its distribution or sale from its composition as described in the statement required in connection
with its registration;
(4) Any pesticide which has not been colored or discolored pursuant to the provisions of subdivision (3) of subsection (c) of section 22a-66;
(5) Any pesticide which is adulterated or misbranded; or
(6) Any device which is misbranded.
(b) It shall be unlawful for any person:
(1) To detach, alter, deface, or destroy, in whole or in part, any labeling required
under FIFRA;
(2) To refuse to keep any records required pursuant to section 22a-58, or to refuse
to allow the inspection of any records or establishment pursuant to sections 22a-58 and
22a-59, or to refuse to allow an officer or employee of the Department of Environmental
Protection to take a sample of any pesticide pursuant to section 22a-59;
(3) To give a guaranty or undertaking provided for in subsection (c) of this section
which is false in any particular, except that a person who receives and relies upon a
guaranty authorized under subsection (c) of this section may give a guaranty to the same
effect, which guaranty shall contain, in addition to that person's own name and address,
the name and address of the person residing in the United States from whom the guaranty
or undertaking was received;
(4) To use for his own advantage or to reveal, other than to the commissioner or
officials or employees of the Department of Environmental Protection or other federal
or state executive agencies, or to the courts, or to physicians, pharmacists and other
qualified persons, needing such information for the performance of their duties, in accordance with such directions as the commissioner may prescribe, any information acquired by authority of this part which is confidential under this part;
(5) Who is a registrant, wholesaler, dealer, retailer or other distributor to advertise
a product registered under this part for restricted use without giving the classification
of the product assigned to it under section 22a-50;
(6) To make available for use, or to use, any registered pesticide classified for restricted use or permit use for some or all purposes other than in accordance with section
22a-50 and any regulations adopted thereunder;
(7) To use any registered pesticide in a manner inconsistent with restrictions prescribed under this part, subsection (a) of section 23-61a, section 23-61b or inconsistent
with labeling;
(8) To use any pesticide which is under an experimental use permit contrary to the
provisions of the permit;
(9) To violate any order issued under section 22a-62;
(10) To violate any suspension order issued pursuant to this part;
(11) To violate any cancellation of registration of a pesticide;
(12) To violate any provision of section 22a-56 or any regulation established pursuant to this part;
(13) To violate any provision of section 22a-57;
(14) To knowingly falsify all or part of any application for registration, application
for experimental use permit, any records required to be maintained pursuant to section
22a-58, any report filed under this part, or any information marked as confidential and
submitted to the commissioner under any provision of this part;
(15) Who is a registrant, wholesaler, dealer, retailer or other distributor to fail to
file reports required by this part;
(16) To use any pesticide in tests on human beings unless such human beings (i)
are fully informed of the nature and purposes of the test and of any physical and mental
health consequences which are reasonably foreseeable, therefrom, and (ii) freely volunteer to participate in the test.
(c) The provisions of this section shall not apply to:
(1) Any person who establishes a guaranty signed by, and containing the name and
address of, the registrant or person residing in the United States from whom the pesticide
was purchased or received in good faith in the same unbroken package, to the effect
that the pesticide was lawfully registered at the time of sale and delivery to him, and
that it complies with the other requirements of this part, and in such case the guarantor
shall be subject to the penalties which would otherwise attach to the person holding the
guaranty under the provisions of this part;
(2) Any common or contract carrier while lawfully shipping, transporting or delivering for shipment any pesticide or device, if such carrier upon request by any officer
or employee duly designated by the commissioner shall permit such officer or employee
to copy all of its records concerning such pesticide or device;
(3) Any public official while engaged in the performance of official duties, unless
such public official is using restricted use pesticides;
(4) Any person using or possessing any pesticide as provided by an experimental
use permit in effect with respect to such pesticide and such use or possession; or
(5) Any person who ships a substance or mixture of substances being put through
tests in which the purpose is only to determine its value for pesticide purposes or to
determine its toxicity or other properties and from which the user does not expect to
receive any benefit in pest control from its use.
(d) It shall be unlawful for any person not certified as a commercial applicator to
advertise or to solicit to perform commercial application of pesticides.
(e) It shall be unlawful for any person possessing an operational certificate for commercial application to perform or to advertise or solicit to perform any activity requiring
a supervisory certificate for commercial application.
(f) (1) The commissioner may refuse to grant applicator certification or renewal
of certification and may revoke or suspend certification following a hearing in accordance with the provisions of chapter 54. Any violation of a section of this part or section
22a-66y or 22a-66z or a regulation adopted thereunder, applicable to certified applicators, shall be grounds for denial, suspension or revocation of certification. Grounds for
denial, revocation or suspension shall include, but shall not be limited to the following:
(A) Use of a pesticide in a manner inconsistent with the registered labeling or with state
or federal restrictions on the use of such pesticide; (B) falsification of records required
to be maintained pursuant to subsection (c) or (d) of section 22a-58, or refusal to keep
and maintain such records; (C) applying pesticides generally known in the trade to be
ineffective or improper for the intended use; (D) operating faulty or unsafe equipment;
(E) applying a pesticide in a faulty, careless or negligent manner; (F) neglecting or
refusing to comply with the provisions of this part, the rules or regulations adopted
hereunder, or any lawful order of the commissioner; (G) using fraud or misrepresentation
in making an application for or in renewing a permit or certification; (H) refusing or
neglecting to comply with any limitations or restriction in a duly issued permit or certification; (I) aiding or abetting a certified or an uncertified person to evade the provisions
of this part, or conspiring with such a certified or an uncertified person to evade the
provisions of this part; (J) allowing one's permit or certification to be used by another
person; (K) making a false or misleading statement during an inspection or investigation
concerning an infestation of pests, accident in applying a pesticide, misuse of a pesticide,
or violation of a statute or regulation; (L) performing work, whether for compensation
or not, in a category for which the applicator does not have certification; or (M) failure
to submit records required to be maintained pursuant to subsection (c) of section 22a-58.
(2) The commissioner shall review an applicator's certification in the event that:
(A) The applicator is convicted of a criminal violation of FIFRA; (B) a final order is
issued by the Environmental Protection Agency assessing a civil penalty against the
applicator under FIFRA, or (C) the applicator's certification has been revoked in another
state, and may institute a suspension or revocation hearing.
(3) Any certified applicator whose certification is suspended or revoked under the
provisions of this part shall not be eligible to apply for a new certificate until such time
has elapsed from the date of the order suspending or revoking said certificate as has
been established by the commissioner.
(P.A. 73-540, S. 16, 28; 73-616, S. 28; P.A. 74-338, S. 73, 94; P.A. 77-529, S. 18-20; P.A. 82-158, S. 4, 6; P.A. 87-101, S. 2.)
History: P.A. 73-616 made technical change in Subsec. (b)(2); P.A. 74-338 substituted "The provisions of this section
shall not apply to" for "It shall not be a violation for" in Subsec. (c); P.A. 77-529 substituted "FIFRA" for full title of
federal act in Subsec. (b)(1), prohibited use of pesticide "inconsistent with labeling" in Subsec. (b)(7), clarified exclusion
of public officials from provisions in Subsec. (c)(3) by adding "unless such public official is using restricted use pesticides"
and added Subsec. (f) re suspension or revocation and review of certifications; P.A. 82-158 amended Subsec. (a) to prohibit
the "use" of improperly registered or misbranded pesticides substituted references to certification for references to licensure
and made other technical revisions; P.A. 87-101 amended Subsec. (f) by adding Subdiv. (M) making failure to submit
records ground for denial, revocation or suspension of certificate.
Sec. 22a-62. Stop sale order; seizure, condemnation; reprocessing. Costs and
fees. Court orders. (a) Whenever any pesticide or device is found by the commissioner
and there is reason to believe on the basis of inspection or tests that such pesticide or
device is in violation of any of the provisions of this part, or that such pesticide or device
has been or is intended to be distributed or sold in violation of any such provisions, or
when the registration of the pesticide has been cancelled by a final order or has been
suspended, the commissioner may issue a written or printed stop sale, use, or removal
order to any person who owns, controls, or has custody of such pesticide or device, and
after receipt of such order no person shall sell, use or remove the pesticide or device
described in the order except in accordance with the provisions of the order.
(b) Any pesticide distributed, sold, offered for sale or delivered for transportation
or transported into or within the state for the purpose of sale shall be subject to seizure
and condemnation upon application of the commissioner to the superior court for the
judicial district of Hartford:
(1) In the case of a pesticide, if:
(A) It is adulterated or misbranded;
(B) It is not registered pursuant to the provisions of this part;
(C) Its labeling fails to bear the information required by the federal Insecticide,
Fungicide and Rodenticide Act (P.L. 92-516), as may be amended from time to time;
(D) It is not colored or discolored and such coloring or discoloring is required under
this part; or
(E) Any of the claims for it or any of the directions for its use differ in substance
from the representations made in connection with its registration;
(2) In the case of a device, it is misbranded; or
(3) In the case of a pesticide or device, when used in accordance with the requirements imposed under this part, subsection (a) of section 23-61a or section 23-61b, and
as directed by the labeling, it nevertheless causes unreasonable adverse effects on the
environment;
(4) In the case of a plant regulator, defoliant or desiccant, used in accordance with
the label claims and recommendations, physical or physiological effects on plants or
parts thereof shall not be deemed to be injurious, when such effects are the purpose for
which the plant regulator, defoliant or desiccant was applied.
(c) If a pesticide is condemned, it shall be disposed of by destruction or sale, as the
court may direct. If such article is sold, the proceeds shall revert to the General Fund
but no article shall be sold which does not comply with the provisions of this part. Upon
payments of costs and execution and delivery of a good and sufficient bond, which is
conditioned upon the guarantee that the article shall not be disposed of unlawfully, the
court may direct that the article be delivered to the owner thereof for relabeling or
reprocessing, as the case may be. When any article is ordered condemned, court costs,
legal fees and storage and other proper expenses shall be awarded against the person,
if any, who intervenes as claimant of the article or who is responsible for the condition
which leads to its condemnation.
(d) Whenever, in the judgment of the commissioner, any person has engaged in or
is about to engage in any acts or practices which constitute, or will constitute, a violation
of any provision of sections 22a-46 to 22a-66, inclusive, section 22a-66z or any other
applicable statute, regulation or order issued thereunder, the commissioner may request
the Attorney General to make application to the appropriate court for an order enjoining
such acts or practices or for an order directing compliance with such statutes, regulations
or orders.
(P.A. 73-540, S. 17, 28; P.A. 74-338, S. 39, 94; P.A. 76-436, S. 274, 681; P.A. 77-529, S. 21; P.A. 78-280, S. 5, 127;
P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 02-89, S. 62.)
History: P.A. 74-338 made technical change in Subsec. (b)(4), substituting "regulator" for "regulatory"; P.A. 76-436
replaced court of common pleas with superior court in Subsec. (b), effective July 1, 1978; P.A. 77-529 added Subsec. (d)
re court orders enjoining acts or practices in violation of provisions or orders for compliance with statutes, etc.; P.A. 78-280 replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 88-230 replaced "judicial district
of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective
date of P.A. 88-230 from September 1, 1991, to September 1, 1993; 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; P.A. 02-89 amended Subsec. (b)(3)
to replace reference to "sections 23-61b to 23-61d, inclusive" with reference to "section 23-61b", reflecting repeal of Sec.
23-61d by the same public act.
Sec. 22a-63. Penalties; fine, imprisonment. Agents. (a) Any registrant, commercial applicator, uncertified person who performs or advertises or solicits to perform
commercial application, wholesaler, dealer, retailer or other distributor who knowingly
violates any provision of this chapter, subsection (a) of section 23-61a or section 23-61b, shall be fined not more than five thousand dollars, or imprisoned for not more than
one year or both.
(b) Any private applicator or other person, not included in subsection (a), who knowingly violates any provision of this chapter, subsection (a) of section 23-61a or section
23-61b, shall be fined not more than one thousand dollars, or imprisoned for not more
than thirty days or both.
(c) Any person who, with intent to defraud, uses or reveals information relative to
formulas of products acquired under the authority of this chapter, shall be fined not
more than ten thousand dollars, or imprisoned for not more than one year or both.
(d) When construing and enforcing the provisions of this chapter, subsection (a) of
section 23-61a and sections 23-61b and 23-61f, the action, omission or failure to act of
any officer, agent or other person acting for or employed by any person shall in every
case be also deemed to be the action, omission or failure to act of such person as well
as that of the person employed.
(e) Any person who violates any provision of this chapter may be assessed a civil
penalty of not more than two thousand five hundred dollars per day for each day such
violation continues. The Attorney General, upon complaint of the commissioner, shall
institute a civil action to recover such penalty in the superior court for the judicial district
of Hartford. All actions brought by the Attorney General shall have precedence in the
order of trial as provided in section 52-191.
(f) Any person who is not certified as a commercial applicator who performs or
advertises or solicits to perform commercial application of a pesticide, or any person
possessing an operational certificate for commercial application under section 22a-54
who performs or advertises or solicits to perform any activity requiring a supervisory
certificate for commercial application shall be assessed a civil penalty in an amount not
less than one thousand dollars or more than two thousand dollars for each day such
violation continues. For any subsequent violation, such penalty shall be not more than
five thousand dollars. The Attorney General, upon complaint of the commissioner, may
institute a civil action to recover such penalty in the superior court for the judicial district
of Hartford. Any penalties collected under this subsection shall be deposited in the
Environmental Quality Fund established under section 22a-27g and shall be used by
the commissioner to carry out the purposes of this section.
(P.A. 73-540, S. 18, 28; P.A. 77-529, S. 22; P.A. 88-230, S. 1, 12; 88-246, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142,
S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 98-229, S. 6; P.A. 99-225, S. 23, 33; P.A. 01-204, S. 6, 29; June Sp. Sess. P.A. 01-9,
S. 73, 131; P.A. 02-89, S. 63; P.A. 03-19, S. 56.)
History: P.A. 77-529 replaced "unlicensed" with "uncertified" in Subsec. (a) and reduced maximum fine from twenty-five thousand to five thousand dollars; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial
district of Hartford", effective September 1, 1991; P.A. 88-246 made technical changes and added Subsec. (e) establishing
a civil penalty for violations of the chapter; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991,
to September 1, 1993; 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; P.A. 98-229 added new Subsec. (f) re fines for certain violations under this chapter; P.A.
99-225 amended Subsec. (f) to change the criminal penalty under that subsection to a civil penalty enforceable by a civil
action brought by the Attorney General, effective June 29, 1999; P.A. 01-204 amended Subsec. (f) to delete provisions re
violations of Secs. 22a-61(d) or (e), 23-61a(a) or 23-61b(a), to add provisions re assessment of civil penalty against certain
persons who are not certified as commercial applicators or who have an operational certificate, and to provide that civil
penalty be assessed for each day the violation continues, effective July 11, 2001; June Sp. Sess. P.A. 01-9 revised effective
date of P.A. 01-204 but without affecting this section; P.A. 02-89 amended Subsecs. (a) and (b) to replace references to
"sections 23-61b to 23-61d, inclusive" with references to "section 23-61b" and amended Subsec. (d) to make a technical
change and replace reference to "sections 23-61b to 23-61d, inclusive, and 23-61f" with reference to "sections 23-61b and
23-61f", reflecting repeal of Sec. 23-61d by the same public act; P.A. 03-19 made a technical change in Subsec. (f), effective
May 12, 2003.
Sec. 22a-64. Exemption from or suspension of provisions. Section 22a-64 is
repealed.
(P.A. 73-540, S. 19, 28; P.A. 77-529, S. 23.)
Sec. 22a-65. Commissioner's duties. Pesticide Advisory Council. (a) After public hearing, the commissioner may make regulations governing the disposal of any pesticide or any container therefor, to prevent pollution of any waterway and to protect plant
and animal life. Such regulations shall be consistent with Section 19(a) of FIFRA and
regulations promulgated thereunder.
(b) The commissioner shall, in cooperation with the college of agriculture and natural resources of The University of Connecticut, the Connecticut Agricultural Experiment
Station and other public agencies, publish information regarding proper application or
handling of pesticides and methods and precautions designed to prevent damage and
injury.
(c) The commissioner may undertake such monitoring activities, including but not
limited to monitoring in air, soil, water, man, plants and animals, as may be necessary
for the implementation of this part, subsection (a) of section 23-61a or section 23-61b,
and of the National Pesticide Monitoring Plan. Such activities shall be carried out in
cooperation with federal, state and local agencies.
(d) The commissioner shall establish a Pesticide Advisory Council consisting of,
but not limited to, the director of the Agricultural Experiment Station, the Commissioner
of Agriculture, the Commissioner of Public Health, and the dean of the college of agriculture of The University of Connecticut or their respective designees. The council shall
meet at least annually and the commissioner may consult with the Pesticide Advisory
Council on technical matters involving the application and use of pesticides, the determination of imminent hazards and the unreasonable adverse effects on the environment
before promulgating regulations or orders in carrying out this part, subsection (a) of
section 23-61a and sections 23-61b and 23-61f.
(P.A. 73-540, S. 20, 28; P.A. 77-529, S. 24; 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A.
96-180, S. 77, 166; P.A. 02-89, S. 64; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 77-529 substituted "disposal" for "discarding" of pesticides or containers in Subsec. (a) and required that
regulations be consistent with Section 19(a) of FIFRA and associated regulations; P.A. 77-614 replaced commissioner of
health with commissioner of health services in Subsec. (d), effective January 1, 1979; 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; P.A. 96-180 amended Subsec. (d) to delete a reference to repealed section 22a-64, effective
June 3, 1996; P.A. 02-89 amended Subsec. (c) to replace reference to "sections 23-61b to 23-61d, inclusive" with reference
to "section 23-61b" and amended Subsec. (d) to make a technical change and replace reference to "sections 23-61b to 23-61d, inclusive, and 23-61f" with reference to "sections 23-61b and 23-61f", reflecting repeal of Sec. 23-61d by the same
public act; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and
Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing
the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 22a-66. Commissioner's powers, hearings, regulations. (a) The commissioner is authorized to prescribe regulations to carry out the provisions of this part,
subsection (a) of section 23-61a and section 23-61b. Such regulations shall take into
account the difference in concept and usage between various classes of pesticides.
(b) The commissioner may exempt from the requirements of this part, subsection
(a) of section 23-61a and section 23-61b, by regulation any pesticide which the commissioner determines to be adequately regulated by another state or federal agency, in order
to carry out the purposes of this part, said subsection and said section.
(c) The commissioner, after notice and opportunity for hearing, is authorized:
(1) To declare a pest any form of plant or animal life, other than man and other
bacteria, virus and other microorganisms on or in living man or other living animals,
which is injurious to health or the environment;
(2) To determine any pesticide which contains any substance or substances in quantities highly toxic to man;
(3) To prescribe regulations requiring any pesticide to be colored or discolored if
the commissioner determines that such requirement is feasible and is