CHAPTER 434
POULTRY FARMING. POULTRY DEALERS.
DISEASES OF POULTRY

      Sec. 22-322. Inspection and certification. The owner of any flock of poultry of one hundred fowls or more may apply to the Commissioner of Agriculture to have such flock examined, and may place it under the supervision of said commissioner, for the purpose of eradicating infectious and contagious diseases therein, and, if he complies with the regulations promulgated by said commissioner relating to the eradicating of any such disease, the commissioner or any assistant or agent appointed by him may make an examination and conduct blood or other tests of such flock, without expense to the owner except the pro-rata cost of laboratory tests as determined by the department of pathobiology at The University of Connecticut, with the approval of the commissioner. Such costs shall be collected by said department of pathobiology and may be waived by the commissioner when birds are owned by fanciers of poultry under the age of eighteen or over the age of sixty-five. Each fowl which reacts upon such examination or test shall be condemned, removed, destroyed or quarantined subject to the direction of the commissioner, his assistant or agent, and the premises occupied by any such fowl shall be immediately cleaned and disinfected by the owner thereof, under the direction of the commissioner, his assistant or agent, at such owner's expense. The commissioner shall then issue to such owner a report or certificate of the condition of such flock in accordance with the findings upon such examination and test or tests. No person shall have any claim against the state for any fowl so condemned, removed, destroyed or quarantined. The commissioner shall publish annually, or more frequently if he deems advisable, a report of all flocks tested or examined. The owner of any flock of poultry of less than one hundred fowls may, subject to the foregoing provisions, apply to the commissioner to have such flock examined, tested and certified, provided the laboratory cost as determined in accordance with this section shall be borne by such owner. When any flock has been examined and accredited in accordance with the provisions of this section, no further examination or test shall be made of such flock by the commissioner or his assistant or agent, except at the owner's expense.

      (1949 Rev., S. 3369; 1959, P.A. 225, S. 1; 637, S. 2; 1961, P.A. 67; 1967, P.A. 779; 1969, P.A. 72; 1971, P.A. 872, S. 446, 448; P.A. 88-90; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 acts specified that examinations and tests to be without expense to owner "except the costs of laboratory tests" and 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 specified that laboratory costs are "pro-rata" as determined by commissioner; 1969 act allowed waiver of laboratory charge when birds owned owned by "fanciers of poultry under the age of eighteen or over the age of sixty-five"; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 88-90 substituted determination of the cost of laboratory tests by the department of pathobiology with the approval of the commissioner for determination by the commissioner and provided for collection of such costs by the department of pathobiology; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 22-323. Sale of certified poultry. No person shall sell or offer for sale any poultry or baby chicks as free from any such contagion or infection or eggs for hatching as from fowls free from any such disease, unless such poultry or eggs have been certified by said commissioner to be free from such disease or to be from fowls free from such disease, as the case may be.

      (1949 Rev., S. 3370.)

      Sec. 22-323a. Intensive poultry farming. Regulations. Inspection for noncompliance. (a) As used in this section and section 22-326f, intensive poultry farming means the raising or maintaining of more than twenty thousand fowl, fed primarily by methods other than grazing, and confined within one or more pens or buildings. The Commissioner of Agriculture shall adopt regulations in accordance with the provisions of chapter 54 concerning acceptable management practices of intensive poultry farming including transportation of poultry waste on public roads.

      (b) The Commissioner of Agriculture may inspect or cause to be inspected by his agents any intensive poultry operation for compliance with the regulations adopted under subsection (a) of this section. He may issue orders as he deems necessary for the correction of such noncompliance including the quarantine of premises and fowl.

      (P.A. 81-231, S. 2, 6; P.A. 89-226, S. 5, 6; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 89-226 added reference to Sec. 22-326f; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 22-323b. Access to pens or buildings. Regulations. The Commissioner of Agriculture shall have access at all reasonable times to any pen or building used in an intensive poultry operation. The commissioner shall comply with recommended state and federal procedures for hygiene for poultry inspectors in any inspection of an intensive poultry operation. The commissioner shall adopt regulations in accordance with chapter 54 to carry out the provisions of this section.

      (P.A. 84-309, S. 1, 3; 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.

      Sec. 22-323c. Penalty. Any person who refuses, hinders or otherwise interferes with access by the commissioner or his agent to any pen or building used in an intensive poultry operation shall be fined not less than two hundred fifty dollars nor more than one thousand dollars or imprisoned not more than six months or both for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense.

      (P.A. 84-309, S. 2.)

      Sec. 22-324. Prevention of avian disease. Orders. Regulations re avian disease and sanitary handling of eggs. (a) As used in sections 22-324, 22-324a and 22-325, "poultry" means all domesticated fowl, including chickens, turkeys, water fowl and pet, zoological or psittacine birds.

      (b) The commissioner shall forthwith cause an investigation of any poultry afflicted with or exposed to any infectious, contagious or transmissible avian disease of which he has knowledge, and shall apply any means he determines are necessary, including quarantine or destruction, to exterminate and prevent the spread thereof. The destruction of any poultry shall be conducted by the commissioner or his designee or by the owner of such poultry under the supervision of the commissioner. The premises occupied by any poultry destroyed shall be cleaned and disinfected by the owner under the supervision of the commissioner. The commissioner or his deputy, assistant or agent may enter any premises where poultry is kept, for the purpose of carrying out the provisions of this chapter.

      (c) In addition to the provisions of subsection (a) of this section and section 22-325, if the commissioner has reasonable cause to believe that any poultry within the state is threatened by any infectious, contagious or transmissible avian disease, he may issue such order as he deems necessary to prevent the introduction or spread of such disease in the state. Such order may include, but not be limited to, an embargo on the importation of poultry or poultry products into the state from states or areas where any infectious, contagious or transmissible avian disease is present or where the commissioner has reasonable cause to believe such disease is present.

      (d) When a bird is suspected of having psittacosis, the commissioner shall have the right to: (1) Confiscate as many suspected birds as necessary to provide a sufficient sample for laboratory testing; (2) quarantine all such birds on the premises occupied by the suspected bird until any suspected, infected or contagious birds are considered safe, as determined by the State Veterinarian, or are destroyed.

      (e) The Commissioner of Agriculture shall adopt regulations in accordance with the provisions of chapter 54 to implement this section including, but not limited to, regulations for the examination, testing, quarantine, disinfection, preventive treatment, destruction and disposition of poultry and poultry products affected with or exposed to infectious, contagious and transmissible avian disease and for the establishment and enforcement of minimum standards of sanitation to be observed in the storing, grading, candling and packing of shell eggs at the farm.

      (f) Notwithstanding any regulation to the contrary, the commissioner shall not be responsible for testing and certifying poultry prior to any show or exhibition.

      (1949 Rev., S. 3371; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1969, P.A. 112, S. 1; 1971, P.A. 872, S. 446, 448; P.A. 84-2, S. 1, 6; P.A. 85-613, S. 64, 154; P.A. 91-62, S. 2; June Sp. Sess. P.A. 91-10, S. 10, 20; 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; 1969 act added Subsec. (b) re regulations concerning sanitation standards for storing, grading, etc. eggs; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 84-2 amended Subsec. (a) by authorizing commissioner to investigate flocks "exposed" to disease as well as those afflicted with disease and by adding provisions detailing procedures when flock is destroyed re prevention of avian disease, inserted new Subsec. (b) authorizing the commissioner to issue orders to prevent the spread of avian disease and relettered previous Subsec. (b) accordingly, adding provision to said Subsec. re avian disease regulations; P.A. 85-613 made technical changes. P.A. 91-62 inserted new Subsecs. (a) defining "poultry", and (d) concerning confiscation and quarantine of psittacine birds, relettered previously existing Subsec. designators accordingly, and replaced references to "flock" with references to "poultry"; June Sp. Sess. P.A. 91-10 added a new Subsec. (f) concerning commissioner's duties re testing and certification of poultry; 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.

      Sec. 22-324a. Sanitary disposal facilities for dead poultry. As used in this section, "poultry" means chickens, turkeys, ducks, game birds and other domestic fowls. Any person engaged in raising one thousand or more poultry for the sale of poultry and poultry products shall register with the Commissioner of Agriculture annually on April first. Each such person shall maintain on the premises where the poultry is kept facilities for the sanitary disposal of birds which die otherwise than by slaughter. Such facilities may be incinerators or disposal pits, or such other facilities as the commissioner may approve. The commissioner may, by regulation, establish standards concerning size, location and construction of such facilities to insure their adequacy to prevent the spread of disease. Any person covered by this section who disposes of dead birds otherwise than by use of such facilities shall be fined not more than fifty dollars.

      (1963, P.A. 154; 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.

      Sec. 22-325. Importation regulated. Each person, firm or corporation transporting into this state any live poultry shall cause the same to be accompanied by an official health certificate from the state of exportation and a permit issued by the Commissioner of Agriculture in such form as he prescribes, provided each such permit shall state the number of live poultry included in each shipment or consignment. The owner, consignee or person having the custody of any such poultry coming into this state shall, within forty-eight hours after the arrival of such poultry at its destination, give notice in writing to the commissioner or his authorized agent of the arrival of such poultry, which notice shall include the date of such arrival and the number of poultry therein. Each shipment or consignment of live poultry brought or knowingly allowed to come into the state shall be held in quarantine at its destination unless otherwise ordered by the commissioner, until he causes such examinations and tests to be made as he determines and until he causes such poultry to be released or disposed of as herein provided. The expense of quarantine and of examinations and tests shall be paid by the owner, consignee or person having the custody of such poultry before the same is released. The commissioner may cause any of such poultry, found upon examination or test to be diseased, to be killed, and no such poultry so killed shall be sold for food except under the direction of the commissioner. No such poultry imported into this state shall be sold or offered for sale or be permitted to mingle with other poultry until the commissioner has issued a certificate authorizing the release of such poultry. All baby chicks and chicken hatching eggs transported into the state shall be accompanied by a health certificate which certificate shall certify that such chicks or eggs are from a pullorum free flock. All psittacine birds, except budgerigars, imported into Connecticut to be offered for sale in Connecticut shall remain in quarantine pursuant to this section for a period of not less than seven days.

      (1949 Rev., S. 3372; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 75-232, S. 1, 3; P.A. 91-62, S. 3; 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. 75-232 substituted "poultry" for "fowls" and defined the term, required imported birds to be accompanied by "official health certificate from the state of exportation" as well as permit, deleted exception which had allowed import of baby chicks or poultry for breeding or exhibition without permit and added provision requiring that imported chicks and fertile eggs be accompanied by health certificate; P.A. 91-62 deleted definition of "poultry" and requirement that poultry be held intact in quarantine and established a minimum quarantine period for imported psittacine birds; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 22-326. Penalty. Any person, firm or corporation which violates any provision of section 22-323 or 22-325, any regulation promulgated under section 22-323a or 22-324, or any order issued pursuant to section 22-324, shall be fined not more than five hundred dollars for each day during which such violation continues, up to a maximum fine of twenty-five thousand dollars.

      (1949 Rev., S. 3373; 1969, P.A. 112, S. 2; P.A. 75-232, S. 2, 3; P.A. 81-231, S. 3, 6; P.A. 84-2, S. 5, 6.)

      History: 1969 act made penalty applicable to violations of regulations promulgated under Sec. 22-324; P.A. 75-232 increased maximum fine from one hundred to five hundred dollars; P.A. 81-231 made penalty applicable to violations of Sec. 22-323a and made previously existing five-hundred-dollar fine applicable on daily basis, imposing twenty-five-thousand-dollar maximum; P.A. 84-2 added a provision making violations of orders subject to the penalty.

      Sec. 22-326a. Civil action by Attorney General. The commissioner may request the Attorney General to institute a civil action in the superior court for the judicial district of Hartford for injunctive relief to obtain compliance with sections 22-324 and 22-325.

      (P.A. 84-2, S. 4, 6; 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. 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. 22-326b. Cooperation with United States government. Section 22-326b is repealed, effective July 1, 2002.

      (P.A. 84-2, S. 3, 6; P.A. 00-99, S. 62, 154; P.A. 02-35, S. 2.)

      Sec. 22-326c. Compensation for destroyed property. (a) The owner of any property destroyed pursuant to section 22-324 may submit a claim to the Commissioner of Agriculture for compensation for such property. The commissioner may approve payment of the claim after the value of the property destroyed has been determined by the commissioner and the owner thereof. No compensation shall be paid and no premises restocked with poultry until such premises have been inspected and approved by the commissioner. No owner shall be compensated by the state if such owner is compensated at full market value from any other source for property destroyed pursuant to section 22-324.

      (b) The Commissioner of Agriculture shall adopt regulations in accordance with chapter 54 establishing procedures for determining the value of property destroyed pursuant to section 22-324. Such procedures shall include provisions for arbitration and appraisal by two appraisers, one chosen by the commissioner and one chosen by the owner.

      (c) Any funds appropriated to the Department of Agriculture for the payment of compensation pursuant to this section shall not be expended for any other purpose.

      (P.A. 84-260, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and 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.

      Sec. 22-326d. Orders re environmental or health hazards at intensive poultry operations. Subsequent hearing. (a) The Commissioner of Agriculture, whenever he finds after investigation, that any person who operated or is operating an intensive poultry operation regulated under the provisions of sections 22-323a to 22-323c, inclusive, is causing, engaging in or maintaining, or is about to cause, engage in or maintain, any condition or activity which in his judgment may result in the introduction or spread of an environmental or health hazard, may take any action he deems necessary to prevent such environmental or health hazard, including issuing an order, without prior hearing, to such person to discontinue, abate or alleviate such condition or activity. Upon receipt of such order such person shall immediately discontinue, abate or alleviate or shall refrain from causing, engaging in or maintaining such condition or activity. The commissioner shall, within ten days of such order, hold a hearing to provide the person an opportunity to be heard and show that such condition does not exist. Such order shall remain in effect until ten days after the hearing within which time a new decision based on the hearing shall be made.

      (b) The commissioner, within available funds, may incur expenditures or contract with any person to discontinue, abate or alleviate the condition or activity.

      (P.A. 87-504, S. 2, 5; 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.

      Sec. 22-326e. State lien against real estate as security for amounts paid to clean up intensive poultry operations. (a) Any amount paid by the Commissioner of Agriculture pursuant to section 22-326d shall be a lien against the real estate of the person causing the condition or activity in accordance with the provisions of this section.

      (b) A lien pursuant to this section shall not be effective unless (1) a certificate of lien is filed in the land records of each town in which the real estate is located, describing the real estate, the amount of the lien, the name of the owner as grantor and the name of the person causing, engaging in or maintaining the condition or activity, if known, and (2) the commissioner mails a copy of the certificate to such persons and to all other persons of record holding an interest in such real estate.

      (P.A. 87-504, S. 3, 5; 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.

      Sec. 22-326f. Permit for intensive poultry farming operation. Surety bond. Suspension or revocation. (a) On and after July 1, 1989, no person shall commence an intensive poultry farming operation without a permit from the Commissioner of Agriculture. Any person seeking such a permit shall apply on forms provided by the commissioner and pay an application fee of ten dollars. Upon receipt of a completed application the commissioner shall cause an inspection to be made of the premises where the applicant desires to conduct an intensive poultry farming operation. If the commissioner finds that such premises meet the requirements of sections 22-323a to 22-324a, inclusive, and applicable regulations and may reasonably be expected to continue to meet such requirements, he shall issue the permit. If the commissioner finds that the premises do not meet such requirements, or may not reasonably be expected to continue to meet such requirements, the application shall be denied. When any permit has been denied the applicant may, within ten days of the notification of the denial, request in writing a hearing and appeal before the commissioner or his designee. Any person aggrieved by the decision of the commissioner after a hearing may appeal to the superior court for the judicial district in which he seeks to conduct such farming operation. No permit granted under this section shall be transferable by the permittee, and each permit shall apply to only one premise, which shall be specified in the permit. The commissioner may issue only one permit for a premise.

      (b) The commissioner may require a surety bond in an amount not exceeding ten thousand dollars as a condition of the permit described in subsection (a) of this section. The bond shall indemnify the commissioner for expenses he may incur in carrying out the provisions of section 22-326d.

      (c) The commissioner may suspend or revoke a permit issued pursuant to subsection (a) of this section for failure to operate in compliance with the provisions of sections 22-323a to 22-324a, inclusive, and applicable regulations. Whenever the commissioner is satisfied of the existence of one or more reasons for suspending or revoking a permit, he shall give notice to the permittee by registered mail of a hearing to be held in accordance with the provisions of chapter 54 at the time stated in the notice. The commissioner may compel the attendance of witnesses and the person complained against shall have the opportunity to produce witnesses or other evidence in his behalf. Any person aggrieved by the decision of the commissioner after a hearing may appeal to the superior court for the judicial district in which he conducts such farming operation.

      (P.A. 89-226, S. 4, 6; 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.

      Sec. 22-326g. Regulations. The commissioner may adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of this chapter.

      (P.A. 91-62, S. 4.)

      Secs. 22-326h to 22-326r. Reserved for future use.

      Sec. 22-326s. Licensing of poultry dealers. Regulations. License revocation and suspension. Civil penalty. (a) As used in this section:

      (1) "Commissioner" means the Commissioner of Agriculture.

      (2) "Dealer" means a producer who is a wholesaler, distributor or hauler of live poultry or hatching eggs or any person, firm or corporation engaged in the business of (A) buying, receiving, selling, bartering, exchanging, negotiating or soliciting the sale, resale or exchange of live poultry or hatching eggs, or (B) the transportation, transfer or shipment of any live poultry or hatching eggs.

      (3) "Hauler" means any person, firm or corporation that transports live poultry or hatching eggs from premises to premises, to a distributor, to a live bird market or to a dealer.

      (4) "Live bird market" means a facility at which live poultry or hatching eggs are congregated for sale or to be slaughtered and dressed for sale to the public or restaurants or to be sold live for any purpose.

      (5) "Poultry" means any species of domestic fowl, including, but not limited to, chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl and game birds raised for food production, breeding, exhibition or sale.

      (6) "Producer" means any person, firm or corporation engaged in the breeding, raising or keeping of poultry for the purpose of food production, hatching egg production or for show or exhibition.

      (b) Annually, each poultry dealer conducting business within the state shall apply for a license upon forms furnished by the commissioner. The commissioner shall issue such license unless, in the commissioner's sole discretion, the commissioner deems it in the best interest of the public to refuse issuance thereof. In refusing to issue a license, the commissioner shall give due regard to whether the applicant has had such a license previously revoked or suspended or has violated any state or federal law or regulation concerned with interstate transport of live poultry and hatching eggs or live poultry health requirements. Each license shall be nontransferable and shall be in effect from July first through the last day of June of the next succeeding year.

      (c) Each license shall be shown, upon request, to any person with whom the licensee conducts or proposes to conduct business.

      (d) Any poultry dealer licensed under this section shall keep accounts and records that fully and clearly disclose all transactions related to the conduct of such dealer's business. Such records shall be made available at any time for inspection by the commissioner or the commissioner's authorized agent for the purpose of determining the origin and destination of any live poultry handled by the dealer. Information relating to the general business of the dealer that is disclosed in the course of an inspection by the commissioner or by the commissioner's authorized agent and that is not related to the immediate purpose of the inspection shall be confidential and not disclosed except as required by law.

      (e) The provisions of this section do not apply to any person, firm or corporation that is only a producer, except that a producer who transports live poultry directly to a live bird market, wholesaler, distributor or other dealer shall be deemed a hauler and subject to the provisions of this section.

      (f) The Commissioner of Agriculture may adopt regulations, in accordance with the provisions of chapter 54, to ensure compliance with this section and to ensure the public health and safety. Such regulations shall include: (1) Sanitation standards for vehicles, crates, facilities and other appurtenances used to transport and hold poultry or hatching eggs, both in transit and at any place where poultry or hatching eggs are held for the purposes of being sold or offered for sale; (2) the health requirements for poultry and hatching eggs, including, but not limited to, required tests, vaccinations or other methods used to prevent poultry disease; (3) the manner and form of records to be kept, including, but not limited to, identification of the origin of poultry or hatching eggs, poultry animal health records, test results or copies of sales records and dates; and (4) individual bird and premise identification.

      (g) The commissioner may: (1) Revoke or suspend a poultry dealer's license, or (2) assess an administrative civil penalty pursuant to section 22-7 for a violation of this section.

      (P.A. 05-175, S. 21; P.A. 06-19, S. 2.)

      History: P.A. 05-175 effective January 1, 2006; P.A. 06-19 redefined "dealer" in Subsec. (a)(2), effective May 2, 2006.