CHAPTER 417*
GENERAL PROVISIONS. PURE FOOD AND DRUGS

      Sec. 21a-13. (Formerly Sec. 19-171a). Powers concerning kosher food. The Commissioner of Consumer Protection, or his agent, may enter premises on which any meat or meat product is being sold or offered for sale as kosher, or any restaurant or other place where food is being sold for consumption which is represented as being kosher, to determine whether any violation of section 53-317 exists and said commissioner shall report any such alleged violation to the proper prosecuting authorities.

      (1959, P.A. 412, S. 29; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: Sec. 19-171a transferred to Sec. 21a-13 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-14. (Formerly Sec. 19-172). Oleomargarine. Any article resembling butter and not made wholly from milk or any product of milk, salt and coloring excepted, shall be oleomargarine or margarine within the meaning of this chapter. The term "oleomargarine" and the term "margarine" shall include butterine and any article made or compounded in imitation of butter or as a substitute for butter and not made exclusively from milk or any product thereof, salt and coloring excepted, and any article labeled or branded as oleomargarine or margarine. The term "butter", "dairy" or "creamery" or the name or term of any breed of cattle or any combination of any such names or terms or any symbol thereof or picture of dairy scenes shall not be used in whole or in part upon or to form the name of any oleomargarine or margarine, or upon any box, tub or package containing oleomargarine or margarine, or in any advertising of oleomargarine or margarine.

      (1949 Rev., S. 3885; 1949, 1951, S. 2071d.)

      History: Sec. 19-172 transferred to Sec. 21a-14 in 1983.

      Sec. 21a-15. (Formerly Sec. 19-173). Definition of colored oleomargarine. For the purpose of sections 21a-16 and 21a-17, colored oleomargarine or colored margarine is oleomargarine or margarine having a tint or shade containing more than one and six-tenths degrees of yellow, or of yellow and red collectively, but with an excess of yellow over red measured in terms of Lovibond tintometer scale or its equivalent.

      (1953, S. 2075d.)

      History: Sec. 19-173 transferred to Sec. 21a-15 in 1983.

      Sec. 21a-16. (Formerly Sec. 19-174). Sale of oleomargarine. Label. (a) No person shall sell or offer for sale colored oleomargarine or colored margarine unless (1) such oleomargarine or margarine is packaged; (2) the net weight of the contents of any package sold at retail is one pound or less; (3) there appears on the label of the package the word "oleomargarine" or "margarine", in type or lettering at least as large as any other type or lettering on such label, and an accurate statement of all optional ingredients contained in such oleomargarine or margarine; and (4) each separate part of the contents of the package is contained in a wrapper which bears the word "oleomargarine" or "margarine" in type or lettering not smaller than twenty-point type.

      (b) No person shall sell or offer for sale any colored or uncolored oleomargarine or margarine in any manner other than by weight nor unless (1) the front of the package bears a definite statement of its true net weight; (2) the package is clearly labeled to indicate to the purchaser that the product is margarine or oleomargarine; and (3) the package bears the name and address of the manufacturer, packer or distributor, and any other information required by federal law.

      (1949 Rev., S. 3887; 1951, S. 854b; 1953, S. 2073d; P.A. 07-217, S. 91.)

      History: Sec. 19-174 transferred to Sec. 21a-16 in 1983; P.A. 07-217 made technical changes, effective July 12, 2007.

      Sec. 21a-17. (Formerly Sec. 19-175). Serving of colored oleomargarine in public eating places. No person shall serve colored oleomargarine or colored margarine at a public eating place unless a notice that oleomargarine or margarine is served is displayed prominently and conspicuously in such place and in such manner as to render it likely to be read and understood by the ordinary individual being served in such eating place or is printed or otherwise set forth on the menu in type or lettering not smaller than that normally used to designate the serving of other food items or each separate serving is accompanied by labeling identifying it as oleomargarine or margarine or each separate serving thereof is triangular in shape. No person shall serve colored oleomargarine or colored margarine as a spread or in melted form as a substitute for butter unless menus or other forms of notice are made indicating that oleomargarine or margarine is being served.

      (1949 Rev., S. 3889; 1951, S. 856b; 1953, S. 2074d; P.A. 78-98.)

      History: P.A. 78-98 removed distinction made in previous provisions between possession of oleomargarine "in a form ready for serving" and actual serving of oleomargarine (before amendment, "possession" was allowed only if notice was posted or menus bore printed message that margarine was served whereas actual serving was allowed if serving were labeled as margarine or were triangular in shape) and removed definition of "possess in a form ready for serving"; Sec. 19-175 transferred to Sec. 21a-17 in 1983.

      Sec. 21a-18. (Formerly Sec. 19-176). License to manufacture or sell renovated butter. Section 21a-18 is repealed.

      (1949 Rev., S. 3886; 1949, 1953, S. 2072d; P.A. 94-36, S. 24, 42; P.A. 96-259, S. 20.)

      Sec. 21a-19. (Formerly Sec. 19-177). Penalty. Any person violating any provision of sections 21a-14 to 21a-17, inclusive, shall, for the first offense, be fined not more than one hundred dollars or imprisoned not more than sixty days or both. For each subsequent offense, he shall be fined not more than two hundred dollars or imprisoned not more than four months, or both.

      (1953, S. 2076d; P.A. 96-259, S. 9.)

      History: Sec. 19-177 transferred to Sec. 21a-19 in 1983; P.A. 96-259 deleted reference to Sec. 21a-18, which was repealed by the same act, from list of applicable sections.

      Sec. 21a-20. (Formerly Sec. 19-178). Renovated or process butter. No person, by himself or agent, or otherwise, shall sell, expose for sale or have in his possession with intent to sell, any article which is produced by taking original packing stock or other butter, or both, melting the same so that the butter fat can be drawn off, and mixing such butter fat with skim milk, cream or other milk product, and rechurning the mixture, or by any similar process, and which is commonly known as process butter, unless he has the words "Renovated Butter" conspicuously stamped, labeled or marked, in a straight line in printed letters, not less than one-half inch in length of plain Gothic type, so that said words cannot be easily defaced, upon the top, side and bottom of every tub, firkin, box or package containing such article or compound. The seller at retail of such article or compound, which is not in the original package, shall, himself or by his agent, attach to each package sold and deliver therewith to the purchaser a label or wrapper bearing in a conspicuous place upon the outside of the package, the words "Renovated Butter" in printed letters not less than one-half inch in length in a straight line of plain Gothic type. Any person who violates any provision of this section shall be fined not less than ten dollars nor more than one hundred dollars. The manufacture, sale and use of renovated butter shall be regulated by the use of such signs as are prescribed for the use and sale of oleomargarine in sections 21a-16 and 21a-17, but the words "Renovated Butter" shall be substituted for the word "Oleomargarine".

      (1949 Rev., S. 3891.)

      History: Sec. 19-178 transferred to Sec. 21a-20 in 1983.

      Sec. 21a-21. (Formerly Sec. 19-179). Print butter. No person shall, by himself, his servant or agent, sell or offer or expose for sale, or have in his possession with intent to sell, any print butter unless the package or wrapper containing the same has conspicuously printed thereon, in letters or figures not less than one-half inch in height, in plain Gothic type, the net weight of the butter contained therein. Any person who violates any provision of this section shall be fined not more than twenty-five dollars.

      (1949 Rev., S. 3892.)

      History: Sec. 19-179 transferred to Sec. 21a-21 in 1983.

      Sec. 21a-22. (Formerly Sec. 19-180). Sale of equine meat in public eating places. No person, firm or corporation conducting a public eating place shall sell or offer for sale for human consumption any food containing equine meat or equine meat products, in whole or in part, without indicating such contents on each item thereof, or after each item thereof on the menu or bill of fare, in the same size print or writing as the largest size print or writing used in naming or describing such food. The provisions of this section shall be under the control and supervision of the Commissioner of Consumer Protection. Any person, or the responsible agent of any firm or corporation, who violates any provision of this section shall be fined not more than one thousand dollars or imprisoned not more than one year or both.

      (1949 Rev., S. 3924; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-180 transferred to Sec. 21a-22 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-23. (Formerly Sec. 19-181). Adulteration of molasses. Section 21a-23 is repealed, effective October 1, 2002.

      (1949 Rev., S. 3895; S.A. 02-12, S. 1.)

      Sec. 21a-24. (Formerly Sec. 19-181a). Misuse of the word "honey" in labels and brand names. Penalty. (a) As used in this section, "honey" means the natural product of the honey bee taken from the nectar of flowers, transformed by such bee, taken from the honeycomb and marketed in a liquid, candied or granulated condition.

      (b) No person who sells, exposes or offers for sale any product or article which does not contain honey as an ingredient, shall use the word honey or any combination of words including the word honey on the label or in the brand name of such product or article. No person who sells, exposes or offers for sale any product or article which is made from honey and any other substance, compound or mixture shall use the word honey or any combination of words including the word honey on the label or in the brand name of such product or article except when said word is printed in the same size type as are the other ingredients of such product or article.

      (c) Any person who violates any provision of this section shall be imprisoned not more than six months or fined not more than five hundred dollars or both.

      (P.A. 74-116, S. 1, 2.)

      History: Sec. 19-181a transferred to Sec. 21a-24 in 1983.

      Sec. 21a-24a. Sale of jams, jellies and preserves. (a) As used in this section:

      (1) "Jam" means a food, with a pH value of 4.6 or less, made by cooking fruit with sugar to a thick mixture.

      (2) "Jelly" means a food, with a pH value of 4.6 or less, made by cooking fruit juice that has been boiled with sugar.

      (3) "Preserves" means a food, with a pH value of 4.6 or less, consisting of fruit preserved whole by cooking with sugar.

      (4) "Residential farm" means property (A) being utilized as a farm, as defined in subsection (q) of section 1-1, and (B) serving as the primary residence of the owner of such property.

      (b) Notwithstanding the provisions of sections 21a-91 to 21a-120, inclusive, and section 19-13-B40 of the regulations of Connecticut state agencies, the preparation and sale of jams, jellies or preserves on a residential farm shall be allowed in a room used as living quarters and exempt from inspection by any state or local agency, provided such jams, jellies or preserves are prepared with fruit grown on such farm. Each container of jam, jelly or preserves offered for sale on such farm shall have on its label, in ten-point type: "Not prepared in a government inspected kitchen".

      (P.A. 94-23.)

      Sec. 21a-24b. Sale of maple syrup. (a) As used in this section, "residential farm" means property (1) being utilized as a farm, as defined in subsection (q) of section 1-1, and (2) serving as the primary residence of the owner of such property.

      (b) Notwithstanding the provisions of sections 21a-91 to 21a-120, inclusive, and any regulations adopted thereunder, the preparation and sale of maple syrup on a residential farm shall be allowed in a room used as living quarters and shall be exempt from inspection by any state or local agency. Each container of maple syrup offered for sale on such farm shall have on its label, in ten-point type: "Not prepared in a government-inspected kitchen."

      (P.A. 95-319.)

      Sec. 21a-25. (Formerly Sec. 19-182). Impure vinegar. No person shall make, sell, offer or expose for sale or exchange or solicit or receive any order for the sale or delivery within the state, or for delivery without the state for shipment into the state, of: (1) Any vinegar, as cider vinegar, not wholly produced from the juice of apples; (2) any vinegar or article sold or to be sold as vinegar, to which has been added any drug, or any hurtful or foreign substance, or any coloring matter, or any acid; or (3) any vinegar not having an acetic acidity equivalent therein of not less than four per cent by weight of absolute acetic acid and, in case of cider vinegar, not less than one and six-tenths per cent by weight of cider vinegar solids upon full evaporation over boiling water. Any person who violates any provision of this section shall be fined not more than fifty dollars for a first offense, and for a subsequent offense shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both. The delivery of any of the above-mentioned articles upon an order solicited or received within the state shall be conclusive evidence that the order upon which such delivery was made was for such articles.

      (1949 Rev., S. 3896; P.A. 07-217, S. 92.)

      History: Sec. 19-182 transferred to Sec. 21a-25 in 1983; P.A. 07-217 made a technical change, effective July 12, 2007.

      Sec. 21a-26. (Formerly Sec. 19-183). Sale of vinegar regulated. No person shall make and sell, or make and offer for sale, any vinegar without conspicuously branding, stenciling or painting, upon the head of the barrel, cask, keg or package containing the same, the name of the maker, his residence, the place of manufacture and the true name of the kind of vinegar contained therein as "cider vinegar", "wine vinegar", "malt vinegar" or "wood acid vinegar". The provisions of this section shall not apply to retail sales at the place of manufacture in quantities of less than five gallons and in open packages. Any person who violates any provision of this section shall be fined not more than fifty dollars for the first offense and for each subsequent offense not more than one hundred dollars.

      (1949 Rev., S. 3897.)

      History: Sec. 19-183 transferred to Sec. 21a-26 in 1983.

      Sec. 21a-27. (Formerly Sec. 19-183a). Definitions. For purposes of sections 21a-27 to 21a-30, inclusive:

      (1) "Flour" means any (A) flour, white flour, wheat flour, plain flour, (B) bromated flour, (C) self-rising flour, self-rising white flour, self-rising wheat flour, and (D) phosphated flour, phosphated white flour and phosphated wheat flour, but excludes whole wheat flour and also excludes special flours not used for bread, rolls, bun or biscuit baking, such as specialty cake, pancake and pastry flours.

      (2) "White bread" means any bread, whether baked in a pan or in a hearth or screen which is commonly known or usually represented and sold as white bread, including, but not restricted to, Vienna bread, French bread and Italian bread.

      (3) "Rolls" means plain white rolls and buns of the semi-bread-dough type, such as soft rolls, hamburger, hot dog and other soft rolls and hard rolls, such as Vienna or Kaiser rolls, but shall not include yeast-raised sweet rolls or sweet buns made with fillings or coatings such as cinnamon rolls or buns and butterfly rolls.

      (4) "Corn meal" means that product formed by grinding and sifting corn but does not include that product unbolted, stone ground and unsifted.

      (5) "Corn grits" means the food prepared by grinding and sifting corn with removal of bran and germ.

      (6) "Rice" means all types of milled rice, parboiled rice, converted rice, precooked rice and broken rice.

      (7) "Macaroni" means macaroni or macaroni products as defined in 21 Code of Federal Regulations Part 139, as amended.

      (8) "Commissioner" means the state Commissioner of Consumer Protection.

      (1972, P.A. 72, S. 1; P.A. 73-377, S. 1; P.A. 80-31; P.A. 81-472, S. 48, 159; P.A. 84-546, S. 63, 173; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 73-377 redefined "corn meal" to specifically exclude meal "stone ground by water power and unsifted", defined "macaroni" in new Subsec. (g) and redesignated former Subsec. (g) as Subsec. (h); P.A. 80-31 redefined "corn meal" excluding meal "unbolted, stone ground and unsifted" rather than meal "stone ground by water power and unsifted"; P.A. 81-472 made technical changes; Sec. 19-183a transferred to Sec. 21a-27 in 1983 and alphabetic Subdiv. indicators replaced with numeric Subdiv. indicators and numeric Subpara. indicators revised accordingly for consistency with general use elsewhere in general statutes; P.A. 84-546 made technical correction in Subdiv. (7); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-28. (Formerly Sec. 19-183b). Enrichment requirements. (a) Flour. It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale in this state for human consumption any flour unless such flour is enriched, before retail sale, in conformance with federal standards enumerated in 21 Code of Federal Regulations Part 137, as may be amended from time to time and unless such person provides evidence of compliance as required by regulations issued by the commissioner under the provisions of chapter 54.

      (b) Bread and rolls. It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale in this state for human consumption any white bread or rolls unless such bread and rolls are enriched, before retail sale, in conformance with federal standards enumerated in 21 Code of Federal Regulations Part 136, as may be amended from time to time and unless such person provides evidence of compliance as required by regulations issued by the commissioner under the provisions of chapter 54.

      (c) Corn meal and grits. It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale in this state for human consumption any corn meals or corn grits unless such products are enriched, before retail sale, in conformance with federal standards enumerated in 21 Code of Federal Regulations Part 137, as may be amended from time to time and unless such person provides evidence of compliance as required by regulations issued by the commissioner under the provisions of chapter 54.

      (d) Rice. It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale in this state for human consumption any rice unless such rice is enriched, before retail sale, in conformance with federal standards enumerated in 21 Code of Federal Regulations Part 137, as may be amended from time to time and unless such person provides evidence of compliance as required by regulations issued by the commissioner under the provisions of chapter 54.

      (e) Macaroni. It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale in this state for human consumption any macaroni unless such macaroni is enriched, before retail sale, in conformance with federal standards enumerated in 21 Code of Federal Regulations Part 139, as may be amended from time to time and unless such person provides evidence of compliance as required by regulations issued by the commissioner under the provisions of chapter 54.

      (1972, P.A. 72, S. 2-5; P.A. 73-377, S. 2-6; P.A. 74-338, S. 22, 94; P.A. 84-546, S. 64, 173.)

      History: P.A. 73-377 amended Subsecs. (a) to (d) to specify enrichment "before retail sale" and to require evidence of compliance as required by regulations issued under provisions of chapter 54 and added Subsec. (e) re macaroni; P.A. 74-338 specified Part 16, rather than Part 15, of federal regulations in Subsec. (e); Sec. 19-183b transferred to Sec. 21a-28 in 1983; P.A. 84-546 made technical changes.

      Sec. 21a-29. (Formerly Sec. 19-183c). Analyses, examinations and investigations. Regulations. (a) The commissioner is authorized to take samples for analysis and to conduct examinations and investigations, and to enter at reasonable times, any factory, mill, bakery, warehouse, shop or establishment where flour, white bread, rolls, corn meal, corn grits, macaroni or rice are manufactured, processed, packed, sold or held or any vehicle being used for the transportation thereof, and to inspect any such place or vehicle and any flour, white bread, rolls, corn meal, corn grits or rice therein and all pertinent equipment, materials, containers and labeling.

      (b) The commissioner shall authorize such regulations as are necessary for the effective administration of sections 21a-27 to 21a-30, inclusive.

      (1972, P.A. 72, S. 6; June, 1972, P.A. 1, S. 2; P.A. 73-377, S. 7.)

      History: 1972 act made grammatical change in Subsec. (a); P.A. 73-377 included inspections re macaroni; Sec. 19-183c transferred to Sec. 21a-29 in 1983.

      See chapter 54 re uniform administrative procedure.

      Sec. 21a-30. (Formerly Sec. 19-183d). Penalty. Any person who violates any of the provisions of sections 21a-27 to 21a-29, inclusive, shall be fined not more than one hundred dollars for the first offense and not more than five hundred dollars for each succeeding offense and imprisoned not more than three months for the first offense and not more than one year for each succeeding offense or both.

      (1972, P.A. 72, S. 7.)

      History: Sec. 19-183d transferred to Sec. 21a-30 in 1983.

      Sec. 21a-31. (Formerly Sec. 19-184). Adulteration of turpentine. Section 21a-31 is repealed, effective October 1, 2002.

      (1949 Rev., S. 3900; 1959, P.A. 412, S. 38, 42; P.A. 02-89, S. 90.)

      Sec. 21a-32. (Formerly Sec. 19-185). Sale and use of articles containing wood alcohol. Any person who sells, exchanges, offers for sale or exchange or delivers to another any wood alcohol, known as methyl alcohol, shall affix to the vessel or container holding the same a label bearing the words, "wood alcohol, poison", printed or written thereon in letters not less than one-fourth of an inch in height. No person shall sell, exchange, offer for sale or exchange or deliver, or have in his possession with intent to sell, exchange or deliver, any article of food or drink, or any drug intended for external or internal use on or within the human body, or any perfume or toilet article, containing any wood alcohol known as methyl alcohol. Any person who violates any provision of this section shall be fined not more than five hundred dollars or imprisoned not more than six months or both. The Commissioner of Consumer Protection shall cause a prosecution to be instigated for any violation of the provisions of this section.

      (1949 Rev., S. 4170; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-185 transferred to Sec. 21a-32 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-33. (Formerly Sec. 19-186). Penalty for sale of adulterated liquors. Any person who sells or exposes for sale any ale, beer or other fermented liquors, knowing the same to be adulterated, or adulterates for the purpose of sale any ale, beer or other fermented liquors, shall be fined not more than one thousand dollars or imprisoned not more than six months.

      (1949 Rev., S. 3902.)

      History: Sec. 19-186 transferred to Sec. 21a-33 in 1983.

      Sec. 21a-34. (Formerly Sec. 19-193a). Vending machines. Definitions. As used in sections 21a-34 to 21a-45, inclusive, unless the context otherwise requires:

      (1) "Commissioner" means the Commissioner of Consumer Protection;

      (2) "Vending machine" means any self-service device offered for public use upon public or private property which, upon insertion of a coin, coins or token, or by other means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation;

      (3) "Food" means any raw, cooked or processed edible substance, cough drops of a nonmedicinal type, beverage or ingredient used or intended for use in the whole, or in part, for human consumption;

      (4) "Readily perishable foods" means any food or beverage or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or other food capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication, except products in hermetically sealed containers processed by heat to prevent spoilage, and dehydrated, dry or powdered products so low in moisture content as to preclude development of microorganisms;

      (5) "Hot liquid food or beverage" means liquid food or beverage, the temperature of which at the time of service to the consumer is at least one hundred fifty degrees Fahrenheit;

      (6) "Single service articles" means any utensil, container, implement or wrapper intended for use only once in the preparation, storage, display, service or consumption of food or beverage;

      (7) "Product contact surface" means any surface of the vending machine, appurtenances or containers which comes into direct contact with any food, beverage or ingredient;

      (8) A food is "adulterated" (A) if it bears or contains any poisonous or deleterious substance which may be injurious to health; (B) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established; (C) if it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption; (D) if it has been prepared, packed or stored under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health; or (E) if the container is composed in whole or in part of a poisonous or deleterious substance which may render the contents injurious to health;

      (9) "Misbranding" means the use of any written, printed or graphic matter upon or accompanying products or containers dispensed from vending machines, including signs or placards displayed in relation to such products so dispensed, which is false or misleading or which violates any applicable local, state or federal labeling requirements;

      (10) "Operator" means any person who owns or operates or who, on his own behalf or through an agent or employee, prepares or transports any food or beverage dispensed in any vending machine or who supplies or replenishes the contents of any such machine;

      (11) "Person" means any individual, partnership, corporation, limited liability company or association;

      (12) "Employee" means any supplier or any person employed by him who handles any food, beverage or ingredient to be dispensed through vending machines, or who comes into contact with food contact surfaces of containers, equipment, utensils or packaging materials used in connection with vending machine operations, or who otherwise services or maintains one or more such machines.

      (1961, P.A. 579, S. 1; 1963, P.A. 345; 576; 1971, P.A. 380; P.A. 95-79, S. 74, 189; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1963 acts added "cough drops" to definition of food and changed definition of operator to refer to more than three rather than one vending machine; 1971 act divided section into alphabetically designated Subdivs. and redefined "operator" to add phrase "who owns or operates" and made definition applicable to single vending machines rather than to "more than three" vending machines; Sec. 19-193a transferred to Sec. 21a-34 in 1983 and alphabetic Subdiv. indicators replaced with numeric Subdiv. indicators and numeric Subpara. indicators revised accordingly to achieve conformity with general use elsewhere in general statutes; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-35. (Formerly Sec. 19-193b). Vending machine operator's license. (a) No person shall, by himself or through any agent or employee, engage as a vending machine operator without a vending machine operator's license issued in accordance with the provisions of sections 21a-34 to 21a-45, inclusive.

      (b) Any person desiring to obtain a vending machine operator's license shall apply to the commissioner, on forms which the commissioner shall provide, stating (1) the applicant's name and address or the name and address of each partner, in case of a partnership, or of each principal officer and director, in case of a corporation; (2) the address of the applicant's principal place of business; (3) the location of each commissary and other establishment, if any, where supplies are kept and where food or beverages are prepared; (4) the identity and form of the food or beverage to be sold or offered for sale in or supplied for vending machines; (5) the number and type of each vending machine which the applicant operates, replenishes or services; (6) a description of each motor vehicle in which the applicant transports food, beverages or supplies from a commissary to vending machines; and (7) such other information as the commissioner may require.

      (c) Upon receipt of an application for a vending machine operator's license, the commissioner shall cause an investigation to be made of the applicant's commissary, servicing and transport facilities. Upon determining that the provisions of sections 21a-34 to 21a-45, inclusive, and the regulations adopted thereunder and all applicable municipal health ordinances and state and federal laws and regulations have been complied with, the commissioner shall issue an operator's license.

      (1961, P.A. 579, S. 2; 1969, P.A. 596, S. 1; P.A. 07-217, S. 93.)

      History: 1969 act deleted provision establishing $25 fee for license; Sec. 19-193b transferred to Sec. 21a-35 in 1983; P.A. 07-217 made technical changes in Subsec. (b), effective July 12, 2007.

      Sec. 21a-36. (Formerly Sec. 19-193c). Vending machine operator's license fees. (a) The applicant for a vending machine operator's license shall pay a license fee according to the following schedule: For machines vending products at one penny; a fee of ten dollars for the first three machines; a fee of twenty dollars for four but not more than fifty machines; a fee of forty dollars for fifty-one but not more than one hundred machines; and for operators of more than one hundred machines, a fee of forty dollars for each one hundred machines or fraction thereof. For machines vending products at five cents or more; a fee of twenty dollars for the first three machines; a fee of fifty dollars for four but not more than fifty machines; a fee of one hundred dollars for fifty-one but not more than one hundred machines; and for operators of more than one hundred machines, a fee of one hundred dollars for each one hundred machines or fraction thereof. An operator may place machines in operation in excess of the number permitted by the fee schedule for his license, during the period covered by such license, provided he shall pay the higher fee required by the fee schedule for the applicable number of machines, less the fee previously paid for such period.

      (b) An applicant who operates machines in both vending price categories shall pay the sum of the fees in each appropriate category.

      (c) The provisions of this section shall not apply to any religious association or society, any department or agency of the United States, the state or any political subdivision of this state, or to any person exempted under the provisions of section 10-303. The commissioner may exempt from the provisions of this section any amateur athletic group composed principally of minors, any association of youths sponsored by the Division of State Police within the Department of Public Safety or a municipal police department or the members thereof, and any charitable or philanthropic organization registered with the Commissioner of Consumer Protection under the provisions of section 21a-190b or exempted from such registration under the provisions of section 21a-190d upon finding that the application of this section to any such group, association or organization would not materially aid in its administration and that such exception would not be inimical to public health and safety.

      (1961, P.A. 579, S. 3; February, 1965, P.A. 574, S. 27; 1969, P.A. 596, S. 2; 1971, P.A. 428; P.A. 77-614, S. 486, 610; P.A. 93-55, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1965 act substituted references to Secs. 17-21g and 17-21h for obsolete reference to Sec. 53-345; 1969 act deleted former Subsecs. (a) to (c) re licensing procedure, inserted new Subsecs. (a) and (b) re licensing fees and redesignated former Subsec. (d) as Subsec. (c); 1971 act deleted the word "annual" with regard to license fees and allowed person to operate machines in excess of number permitted by fee schedule for his license upon payment of the difference between the applicable higher fee and the fee previously paid; P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979; Sec. 19-193c transferred to Sec. 21a-36 in 1983; P.A. 93-55 made technical changes, substituting references to Secs. 21a-190b and 21a-190d for references to Secs. 21a-177 and 21a-178, respectively; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-37. (Formerly Sec. 19-193d). Display of license. Expiration. Change in location. Conversion of machine. (a) Vending machine operators' licenses shall be of such size and style as the commissioner prescribes and shall be numbered. Each operator's license shall be displayed conspicuously at the operator's principal place of business in this state. No license shall be transferable from person to person. Each vending machine shall also bear in a conspicuous manner the name and address of the operator thereof and a telephone number which may be called for service at any hour of the day, provided, if two or more vending machines are displayed in a common area, such disclosure may be on a sign or placard conspicuously displayed in such area.

      (b) Each license shall expire annually and may be renewed upon application and upon payment of the fee prescribed by section 21a-36.

      (c) Each operator shall notify the commissioner promptly of any change in the location of and of the establishment of a commissary or service or transport facility.

      (d) Every owner and operator shall maintain at his principal place of business in this state a current list of all vending machines which he owns and has in operation, which list shall be made available, upon request, to the commissioner and any authorized inspector.

      (e) Every owner shall notify the commissioner promptly upon converting any vending machine to dispense any food or beverage other than that for which such machine originally was designed or constructed.

      (1961, P.A. 579, S. 4; 1969, P.A. 70, S. 2; 596, S. 3; P.A. 94-36, S. 25, 42.)

      History: 1969 acts removed references to vending machine licenses, removed requirement that licenses be "serially" numbered, clarified nontransferability of licenses by adding phrase "from person to person" and added provisions re display of operator's name and address and service telephone number on machines in Subsec. (a), deleted reference to Sec. 19-193b in Subsec. (b) and replaced "owns or operates" with "owns and has in operation" in Subsec. (d); Sec. 19-193d transferred to Sec. 21a-37 in 1983; P.A. 94-36 amended Subsec. (b) to eliminate the reference to the "last day of June" license expiration date, effective January 1, 1995.

      See Sec. 21a-10(b) re staggered schedule for license renewals.

      See Sec. 21a-47 re penalty for violation of provisions of this section.

      Sec. 21a-38. (Formerly Sec. 19-193e). Suspension or revocation of license. (a) The commissioner may suspend or revoke any license issued under the provisions of section 21a-35 or 21a-36 for violation of the provisions of sections 21a-34 to 21a-45, inclusive, or any regulation adopted thereunder or for violation of any applicable municipal health ordinance or state or federal law or regulation. No such suspension or revocation shall take effect except upon notice to the licensee and hearing thereon. Notice shall be in writing, given by registered or certified mail, and shall state: (1) The condition or violation found; (2) the corrective action, if any, to be taken and the period of time within which such action must be taken; and (3) that an opportunity for hearing will be provided upon written request filed within ten days after receipt of such notice.

      (b) Whenever the commissioner finds any grossly unsanitary condition or any other condition which constitutes a substantial hazard to public health or safety involving the preparation or transportation of any food or beverage or the use of any vending machine he may, without notice or hearing, issue a written order to the licensee citing the existence of such condition and specifying the corrective action to be taken, and, if he deems it necessary, require that use of such facility or machine be discontinued. Any licensee to whom such order is issued may petition for a hearing, which shall be granted, but no such petition shall stay the execution or effectiveness of any order pending hearing. Each such order shall continue in effect until it is rescinded by the commissioner or until the condition cited is corrected.

      (c) The commissioner shall cause a seal or a tag or appropriate marking prohibiting its use to be placed upon every vending machine supplied by a person whose operator's license has been suspended or revoked and upon every vending machine the use of which is so prohibited.

      (1961, P.A. 579, S. 5; 1969, P.A. 596, S. 4; P.A. 07-217, S. 94.)

      History: 1969 act amended Subsec. (c) to remove reference to machine licenses as separate from operator's license and replaced "supplier's license" with "operator's license" for consistency with other statutes; Sec. 19-193e transferred to Sec. 21a-38 in 1983; P.A. 07-217 made a technical change in Subsec. (a), effective July 12, 2007.

      Sec. 21a-39. (Formerly Sec. 19-193f). Adulteration or misbranding. (a) No person shall sell or offer or expose for sale in any vending machine, or have in his possession with intent to sell therefrom, any food, beverage or ingredient which is adulterated or misbranded.

      (b) The commissioner may cause samples of any food, beverage or ingredient so sold, offered, exposed or possessed to be taken and examined as often as may be necessary to determine freedom from adulteration or misbranding. Upon written notice to the operator the commissioner may impound and forbid the sale of any food or beverage which is adulterated or misbranded and, after hearing, cause any such food or beverage to be destroyed, provided, in the case of misbranding which may be corrected by proper labeling, the commissioner may release such food or beverage to the operator upon corrective action being taken.

      (1961, P.A. 579, S. 6.)

      History: Sec. 19-193f transferred to Sec. 21a-39 in 1983.

      Sec. 21a-40. (Formerly Sec. 19-193g). Inspections. (a) The commissioner shall cause to be inspected regularly all commissaries and storage, service and transport facilities which handle readily perishable food. Any such commissary or facility which handles food not readily perishable may be inspected as often as the commissioner deems necessary, but in no event less than once every six months.

      (b) After proper identification, any inspector may enter at any reasonable time during regular business hours upon any public or private premises where any commissary, storage, service or transport facility or vending machine is located. The owner or person in possession of each vending machine shall give such inspectors free access to the interior of such machine for inspection purposes.

      (1961, P.A. 579, S. 7.)

      History: Sec. 19-193g transferred to Sec. 21a-40 in 1983.

      Sec. 21a-41. (Formerly Sec. 19-193h). Sanitary provisions. (a) Any food, beverage or ingredient sold or offered or exhibited for sale in a vending machine shall be obtained only from sources which comply with municipal health ordinances and applicable state and federal laws and regulations. Such products shall be clean and wholesome and free from spoilage and shall be processed, prepared, handled and stored in such manner as to be protected against contamination and adulteration. All product contact surfaces of containers and equipment shall be protected from contamination.

      (b) The machine location shall be such as to minimize the potential for contamination of the product, shall be easy to clean, and shall be kept clean.

      (c) The exterior construction of the vending machine shall be such as to facilitate cleaning and to minimize entrance of insects and rodents, and the exterior of the machine shall be kept clean. Service connections shall be such as to protect against unintentional or accidental interruption of service to the machine.

      (d) All interior surfaces and component parts of the vending machine shall be so designed and constructed as to permit easy cleaning, and shall be kept clean. All product contact surfaces of the machine shall be of smooth, nontoxic, corrosion-resistant and relatively nonabsorbent material, and shall be capable of withstanding repeated cleaning and bactericidal treatment by normal procedures. Such surfaces shall be protected against contamination.

      (e) Water used in vending machines shall be from an approved source and shall be of a safe and sanitary quality.

      (f) All wastes shall be properly disposed of and, pending disposition, shall be kept in suitable containers so as to prevent creating a nuisance.

      (g) Foods, beverages and ingredients, and product contact surfaces of containers, equipment and supplies, shall be protected from contamination while in transit to the machine location. Readily perishable foods and beverages while in transit shall be maintained at a temperature not higher than fifty degrees Fahrenheit or not lower than one hundred and fifty degrees Fahrenheit.

      (h) Employees shall keep their hands clean, and shall wear clean outer garments, while engaged in handling foods or beverages or product contact surfaces of utensils or equipment.

      (i) No employee with any disease in a communicable form, or who is a carrier of such disease, shall work in any commissary or in vending machine operations in any capacity which brings him into contact with the production, handling, storage or transportation of foods, beverages, ingredients or equipment used in vending machine operations; and no operator shall employ in any such capacity and such person, or any person suspected of having any disease in a communicable form or of being a carrier of such disease. Any employee who has a discharging or infected wound, sore or lesion on hands, arms or any exposed portion of the body shall be excluded from those operations which will bring him into contact with foods, beverages, utensils or equipment used in vending machine operations. Any operator among whose employees there occurs a communicable disease or who suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease shall notify the commissioner immediately.

      (j) When suspicion arises as to the possibility of transmission of infection from any employee, the commissioner is authorized to require any or all of the following measures: (1) The immediate exclusion of the employee from all commissaries and vending machine operations; (2) the immediate closing of the commissaries and operations concerned until, in the opinion of the commissioner, no further danger of disease outbreak exists; (3) adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated.

      (1961, P.A. 579, S. 8.)

      History: Sec. 19-193h transferred to Sec. 21a-41 in 1983.

      Sec. 21a-42. (Formerly Sec. 19-193i). Food from out-of-state commissaries. Foods, beverages and ingredients from commissaries outside the jurisdiction of the state may be sold within the state if such commissaries conform to the provisions of the food establishment sanitation regulations of this state or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the commissioner may accept reports from the responsible authority in the jurisdiction where the commissary or commissaries are located.

      (1961, P.A. 579, S. 9.)

      History: Sec. 19-193i transferred to Sec. 21a-42 in 1983.

      Sec. 21a-43. (Formerly Sec. 19-193j). Regulations. Municipal ordinances. (a) The commissioner may adopt such rules and regulations as he finds necessary to administer and enforce the provisions of sections 21a-34 to 21a-45, inclusive, and he shall adopt such rules and regulations respecting suppliers and vending machines as he finds necessary for public health and safety.

      (b) Any municipality may, by agreement with the commissioner, adopt and enforce such health ordinances and regulations, not inconsistent with the purpose or policy of said sections or the regulations adopted by the commissioner thereunder, as it finds necessary for public health and safety.

      (1961, P.A. 579, S. 10.)

      History: Sec. 19-193j transferred to Sec. 21a-43 in 1983.

      Sec. 21a-44. (Formerly Sec. 19-193k). Exemptions. The provisions of sections 21a-34 to 21a-45, inclusive, shall not apply to any person who manufactures packaged candy or chewing gum or to any vending machine, or the owner or operator thereof, which dispenses (1) premixed carbonated beverages sealed in individual or bulk containers; (2) pasteurized milk, as defined in section 22-127, which is dispensed in sealed containers; (3) any food or beverage in a hermetically sealed container; or (4) shell eggs as defined by and regulated under sections 22-40 to 22-45, inclusive.

      (1961, P.A. 579, S. 11; 1963, P.A. 294; P.A. 05-175, S. 3.)

      History: 1963 act added Subdiv. (4); Sec. 19-193k transferred to Sec. 21a-44 in 1983; P.A. 05-175 specified that exemption applies to "pasteurized" milk in Subdiv. (2) and made a technical change.

      Sec. 21a-45. (Formerly Sec. 19-193l). Penalty. Any person who violates the provisions of sections 21a-34 to 21a-44, inclusive, shall be fined not more than five hundred dollars or imprisoned not more than six months or both.

      (1961, P.A. 579, S. 12.)

      History: Sec. 19-193l transferred to Sec. 21a-45 in 1983.

      Sec. 21a-46. (Formerly Sec. 19-193m). Information on vending machines. Each vending machine used in dispensing merchandise or performing service in this state and not included under the provisions of subsection (b) of section 12-289 or subsection (a) of section 21a-37 shall bear in a conspicuous manner the name and address of the owner or operator thereof, and a telephone number which may be called for service at any hour of the day.

      (1969, P.A. 70, S. 3.)

      History: Sec. 19-193m transferred to Sec. 21a-46 in 1983.

      See Sec. 21a-47 re penalty for violation of this section.

      Sec. 21a-47. (Formerly Sec. 19-193n). Penalty. Any person who violates any provision of subsection (b) of section 12-289, subsection (a) of section 21a-37 or section 21a-46 shall be fined not less than fifty dollars for each machine which is the subject of such violation.

      (1969, P.A. 70, S. 4.)

      History: Sec. 19-193n transferred to Sec. 21a-47 in 1983.

      Sec. 21a-48. (Formerly Sec. 19-194a). Frozen desserts; definitions. When used in sections 21a-49 to 21a-59, inclusive, the following terms shall have the meanings hereinafter specified:

      (1) "Frozen dessert plant" means any place, premises or establishment and any part thereof where frozen desserts and frozen dessert mixes are assembled, processed, manufactured or converted into form for distribution or sale, and rooms and premises where frozen dessert or frozen dessert mix manufacturing equipment is washed, sterilized or kept.

      (2) "Wholesale manufacturer" means a person who manufactures frozen desserts or frozen dessert mixes for sale or distribution, otherwise than for retail sale directly to the consumer on the premises where manufactured.

      (3) "Retail manufacturer" means a person who manufactures frozen desserts for retail sale directly to the consumer on the premises where manufactured.

      (4) "Frozen desserts" means ice cream, French ice cream, frozen custard, ice milk, frozen dietary dairy dessert, including special dietary dairy desserts containing nutritive sweeteners, fruit sherbet, water ices, quiescently frozen confection, quiescently frozen dairy confection, quiescently frozen whipped cream confection, frozen whipped cream, freezer made milk shakes, French custard ice cream, nonfruit sherbet, nonfruit water ices, manufactured dessert mix, frozen confection, mellorine frozen dessert, parevine, frozen yogurt, freezer made shakes, lo-mel, and dietary frozen desserts as all such products are commonly known, together with any mix used in such frozen desserts and any products which are similar in appearance, odor or taste to such products, or are prepared or frozen as frozen desserts are customarily prepared or frozen, whether made with dairy products or nondairy products.

      (5) "Frozen dessert mix" means any unfrozen mixture to be used in the manufacture of frozen desserts or milk shakes offered for sale or resale.

      (6) "Quiescently frozen confection", "quiescently frozen dairy confection", "quiescently frozen whipped cream confection", and "frozen whipped cream" and standards of identity for frozen desserts and frozen dessert mixes, shall be defined by regulations promulgated under authority of section 21a-58.

      (1961, P.A. 154, S. 2; February, 1965, P.A. 121; 1967, P.A. 876, S. 1; P.A. 73-46; P.A. 76-240, S. 1.)

      History: 1965 act changed definition of wholesale manufacturer from "a person who manufactures frozen desserts or frozen dessert mixes any of which is sold to another for resale or manufacturing purposes" and retail manufacturer from "any manufacturer of frozen desserts who is not defined as a wholesale manufacturer"; 1967 act added "frozen dietary dairy dessert" to Subsec. (4); P.A. 73-46 redefined "frozen desserts" to include special dietary dairy desserts, containing nutritive sweeteners and freezer made milk shakes; P.A. 76-240 deleted reference to "imitation ice cream" in definitions of "frozen desserts" and "quiescently frozen confection" and included as frozen desserts "French custard ice cream, nonfruit sherbet, nonfruit water ices ... whether made with dairy products or nondairy products"; Sec. 19-194a transferred to Sec. 21a-48 in 1983.

      Sec. 21a-49. (Formerly Sec. 19-195). Records. Each manufacturer of frozen desserts and frozen dessert mix shall keep, in the form prescribed by the Commissioner of Consumer Protection, for each frozen dessert and frozen dessert mix plant operated by him, a true and correct record showing milk and milk products received and frozen dessert and frozen dessert mix manufactured. Such record shall show, among other things, (1) as to milk products received, (A) the date of receipt, (B) the weight or volume, (C) the kind of milk product or mixture containing a milk product, (D) the percentage of milk fat contained therein and (E) the name and address of the person from whom purchased or obtained; (2) as to frozen desserts and frozen dessert mix manufactured, (A) the date, (B) the volume, (C) the class of frozen desserts and frozen dessert mix and (D) the average percentage of milk fat contained therein. Not later than the tenth day of each month, an inventory shall be prepared showing the amount of each kind of milk product, mixture containing a milk product and frozen desserts and frozen dessert mix on hand, as of the last day of the preceding month. The records required by this section shall be legibly written in English, shall be preserved at the frozen dessert or frozen dessert mix plant for a period of six months and shall be open at all times for inspection by the Commissioner of Consumer Protection or his representatives.

      (1949 Rev., S. 3911; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-195 transferred to Sec. 21a-49 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-50. (Formerly Sec. 19-196). Statistical reports. Each manufacturer of frozen desserts and frozen dessert mix for sale shall file with the Commissioner of Consumer Protection, upon a form prescribed by him, not later than the tenth day of each month, a statement for the preceding month showing the amount of each class of frozen desserts and frozen dessert mix manufactured, the ingredients used in the manufacture of such frozen desserts and frozen dessert mix and such other statistical information as the commissioner requires.

      (1949 Rev., S. 3912; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-196 transferred to Sec. 21a-50 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-51. (Formerly Sec. 19-197). Application for license by manufacturer of frozen desserts and mixes. Each manufacturer of frozen desserts and frozen dessert mix for sale shall file with the Commissioner of Consumer Protection an application for a license, upon a form prescribed by the commissioner. The application shall show the location of each plant at which frozen desserts and frozen dessert mix are to be manufactured and the name of the brand or brands, if any, under which the same are to be sold. The license period shall be for twelve months.

      (1949 Rev., S. 3913; 1959, P.A. 375, S. 1; 412, S. 38, 42; P.A. 94-36, S. 1, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 acts replaced commissioner of food and drugs with commissioner of consumer protection and deleted provision that license fee be based on number of gallons manufactured during the previous calendar year, but see Sec. 19-198 (21a-52); Sec. 19-197 transferred to Sec. 21a-51 in 1983; P.A. 94-36 eliminated reference to specific license renewal date, effective January 1, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      See Sec. 21a-10(b) re staggered schedule for license renewals.

      Annotation to former section 19-197:

      Cited. 178 C. 493.

      Sec. 21a-52. (Formerly Sec. 19-198). License fees. The license fee for a retail manufacturer of frozen desserts shall be twenty-five dollars for each plant. The license fee for a wholesale manufacturer to manufacture frozen desserts or frozen dessert mix within Connecticut or to sell within Connecticut, as the case may be, shall be fifty dollars for the first twenty-five thousand gallons or fraction thereof and an additional seventy-five cents per thousand gallons or fraction thereof above twenty-five thousand gallons manufactured or sold in Connecticut during the previous calendar year, provided such fee shall not exceed twenty-five hundred dollars. In any case where dessert mix is manufactured by a particular manufacturer and such mix is subsequently converted by the same manufacturer into frozen dessert, either in the same plant or in another owned by such manufacturer, the license fee payable by such manufacturer on account of all of the processes wherein such mix is concerned shall be computed on the basis of the total number of gallons of finished frozen desserts so manufactured using such mix, and no license fee shall be due or payable on any such frozen mix so manufactured and used. The fee shall be tendered to the Commissioner of Consumer Protection with the application and, upon the issuance of the license, shall be remitted by the commissioner to the State Treasurer.

      (1949 Rev., S. 3914; 1959, P.A. 375, S. 2; 412, S. 38, 42; 1969, P.A. 96; P.A. 76-205, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 acts replaced commissioner of food and drugs with commissioner of consumer protection, changed fee for retail manufacturer from $1 for each 1,000 gallons or less to $15 for each plant and raised fee for wholesale manufacturer from $0.25 for first 25,000 gallons or fraction thereof and an additional $0.65 for each 1,000 gallons or fraction thereof above 25,000 gallons, adding provision gallonage be for previous calendar year; 1969 act added provison setting maximum fee at $2,500; P.A. 76-205 raised per plant license fee from $15 to $25; Sec. 19-198 transferred to Sec. 21a-52 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-53. (Formerly Sec. 19-199). Issuance of license. The Commissioner of Consumer Protection, if satisfied that the plant or plants named in the application are maintained in accordance with the standards of sanitation, and that only pure and wholesome ingredients produced under sanitary conditions are used as prescribed in the regulations promulgated under the authority of section 21a-58, shall issue a license for the manufacture of frozen desserts and frozen dessert mix. No license shall be issued if any statement in the application is false or misleading, or if the brand name or label or advertisement of the frozen dessert and frozen dessert mix involved in the application gives a false indication of origin, character, composition or place of manufacture, or is otherwise false or misleading in any particular.

      (1949 Rev., S. 3915; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-199 transferred to Sec. 21a-53 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-54. (Formerly Sec. 19-200). Revocation or suspension of license. Any license may be revoked by the Commissioner of Consumer Protection after notice to the licensee by mail or otherwise and opportunity to be heard if it appears that any statement upon which it was issued was false or misleading or that any frozen dessert and frozen dessert mix manufactured by the licensee is adulterated or misbranded, or was manufactured in a plant not maintained in accordance with the standards of sanitation prescribed in the regulations promulgated under the authority of section 21a-58, or that the brand name or any label or advertising of any frozen dessert and frozen dessert mix manufactured by the licensee gives a false indication of origin, character, composition or place of manufacture, or is otherwise false or misleading in any particular. A license may also, after such notice and hearing, be suspended for any of the foregoing reasons until the licensee complies with the conditions prescribed by the Commissioner of Consumer Protection for its reinstatement.

      (1949 Rev., S. 3916; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-200 transferred to Sec. 21a-54 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-55. (Formerly Sec. 19-201). Appeal. The action of the Commissioner of Consumer Protection in refusing to grant a license or in revoking or suspending a license shall be subject to appeal in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain.

      (1949 Rev., S. 3917; 1959, P.A. 412, S. 38, 42; P.A. 77-603, S. 50, 125; P.A. 78-280, S. 6, 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. 99-215, S. 24, 29; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; P.A. 77-603 replaced appeal provision with statement that appeals be made in accordance with Sec. 4-183 but retained venue in Hartford county; P.A. 78-280 replaced Hartford county with judicial district of Hartford-New Britain; Sec. 19-201 transferred to Sec. 21a-55 in 1983; 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. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain", effective June 29, 1999; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-56. (Formerly Sec. 19-202). Prohibition as to sale. No person shall sell, advertise or offer or expose for sale any frozen dessert or frozen dessert mix unless the manufacturer thereof is a licensee under the provisions of section 21a-53. No person shall sell, offer for sale or advertise for sale any frozen dessert or frozen dessert mix if the brand name of the frozen dessert or frozen dessert mix or the label upon it or the advertising accompanying it gives a false indication of the origin, character, composition or place of manufacture, or is otherwise false or misleading in any particular.

      (1949 Rev., S. 3918; 1949, S. 2083d; 1961, P.A. 154, S. 5; 1967, P.A. 876, S. 2; P.A. 76-240, S. 2.)

      History: 1961 act updated statute to refer to Sec. 19-204a instead of 19-204 and substituted "special dietary frozen desserts" for "special dietary ice cream"; 1967 act removed exception of "special dietary frozen desserts"; P.A. 76-240 deleted provision prohibiting sale, advertisements or offer for sale of any imitation ice cream; Sec. 19-202 transferred to Sec. 21a-56 in 1983.

      Sec. 21a-57. (Formerly Sec. 19-203). False labeling of product and illegal use of equipment. (1) No person shall sell or offer or expose for sale frozen desserts or frozen dessert mix which is falsely labeled as to the name of the manufacturer or place of manufacture, or in any other respect.

      (2) No person shall misrepresent in any manner the name of the manufacturer or the place of manufacture of frozen desserts or frozen dessert mix.

      (3) No person shall use or cause or permit to be used, for the purpose of preserving or holding frozen desserts, any cabinet, can, container or other equipment owned by any other person without the written consent of such owner, and all such equipment shall be labeled with the wholesale manufacturer's name and address.

      (4) No person shall place any frozen dessert of one manufacturer in the cabinet, can, container or other equipment belonging to another manufacturer.

      (5) No person other than the owner shall remove, erase, obliterate, cover or conceal the owner's name or any distinguishing mark or device on any cabinet, can, container or other equipment. Each wholesaler shall declare on invoices the brand name of all ice cream, frozen desserts or frozen dessert mix delivered by him to retailers, and each retailer shall retain such invoice for inspection by the Commissioner of Consumer Protection for a period of thirty days. Each package or container of ice cream or frozen dessert shall bear the name and address of the manufacturer or, in lieu of such name and address, the name and address of the packer or distributor, together with the Connecticut license number of such manufacturer, or the name and home address of the manufacturer, together with the Connecticut license number of such manufacturer.

      (1949 Rev., S. 3920; 1949, S. 2085d; 1959, P.A. 311; 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 acts deleted provision that package could bear only manufacturer's Connecticut license number, adding requirement for also including name and address of packer, distributor or manufacturer and replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-203 transferred to Sec. 21a-57 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-58. (Formerly Sec. 19-204a). Regulations. The Commissioner of Consumer Protection shall, from time to time, after inquiry and public hearing, adopt regulations to supplement and give full effect to the provisions of sections 21a-48 to 21a-57, inclusive. Such regulations, among other things, shall establish sanitary regulations pertaining to the manufacture, sale and distribution of frozen desserts and frozen dessert mixes, including the sanitary conditions of buildings, grounds, equipment and containers where such products are manufactured, sold or stored. To promote honesty and fair dealing in the interest of the consumer, the commissioner shall adopt regulations fixing and establishing definitions and standards of identity and quality and reasonable standards of fill of containers for frozen desserts and frozen dessert mixes. Any wholesale or retail manufacturer desiring a temporary permit to deviate from an existing frozen dessert standard may file with the Commissioner of Consumer Protection a written application containing such information as the commissioner may by regulation require. Such permit shall be in effect not more than one year. Said commissioner may adopt regulations concerning the manufacture and sale of frozen desserts containing an artificial sweetening agent or other agents for special dietary purposes, the labeling and size of containers to be used and provisions requiring special permits for the manufacture of said products. In prescribing a definition of standards of identity for frozen desserts and frozen dessert mixes in which optional ingredients are permitted the commissioner shall, for the purpose of promoting honesty and fair dealing in the interest of the consumer, designate the optional ingredients which shall be named on the label. The definition and standards so promulgated shall conform so far as practical to the definitions and standards promulgated by the Commissioner of the Food and Drug Administration, U.S. Department of Health and Human Services.

      (1961, P.A. 154, S. 4; P.A. 76-240, S. 3; P.A. 82-472, S. 64, 183; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 76-240 made minor language change re regulation power and added provision re temporary permit to deviate from existing frozen dessert standard; P.A. 82-472 made technical changes and replaced obsolete reference to Commissioner of the Food and Drug Administration, U.S. Department of Health, Education and Welfare with reference to Commissioner of the Food and Drug Administration, U.S. Department of Health and Human Services; Sec. 19-204a transferred to Sec. 21a-58 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-59. (Formerly Sec. 19-205). Penalty. Any person who violates any provision of sections 21a-49 to 21a-57, inclusive, or of the regulations and standards promulgated under the provisions of section 21a-58 shall be fined not more than five hundred dollars or imprisoned not more than six months or both.

      (1953, S. 2087d; 1961, P.A. 154, S. 6.)

      History: 1961 act deleted obsolete reference to Sec. 19-204, adding reference to 19-204a and standards promulgated under it; Sec. 19-205 transferred to Sec. 21a-59 in 1983.

      Sec. 21a-60. (Formerly Sec. 19-206). Refrigerated lockers. Section 21a-60 is repealed, effective October 1, 1999.

      (1949 Rev., S. 3923; 1959, P.A. 351, S. 1; 412, S. 38, 42; P.A. 77-603, S. 51, 125; P.A. 78-280, S. 2, 127; P.A. 94-36, S. 23, 42; P.A. 99-194, S. 28.)

      Sec. 21a-61. (Formerly Sec. 19-207). Storage and transportation of quick-frozen foods. (a) No person, firm or corporation engaged in the business of storing quick-frozen foods or transporting such foods shall store or transport such foods within this state unless they are stored or transported under suitable refrigeration which shall insure good keeping qualities and under temperatures and holding conditions approved by the Commissioner of Consumer Protection.

      (b) Said commissioner may, after public hearings, make reasonable regulations for the storing and transportation of quick-frozen foods, including temperature control, sanitation and other matters in accordance with recognized standards necessary for the protection of public health and the preservation of such foods in wholesome condition.

      (c) Any person, firm or corporation violating any provision of this section or of any regulation made hereunder shall be fined not more than one hundred dollars for the first offense and not less than one hundred dollars nor more than five hundred dollars for each subsequent offense.

      (d) Nothing in this section shall be construed to apply to delivery by a retailer to the purchaser.

      (1953, S. 2090d; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-207 transferred to Sec. 21a-61 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-62. (Formerly Sec. 19-208). Analysis of food. The local health authority of any city, borough or town may procure, from any dealer in provisions, groceries, medicines or other articles for human consumption, samples of such articles and cause the same to be analyzed by one of the state chemists and if, on such analysis, it is found that the article analyzed is adulterated with a deleterious or foreign ingredient, other than is represented verbally and in a conspicuous label by the seller, the chemist making the analysis shall issue his certificate setting forth the kind and quantity, as near as may be, of deleterious and foreign ingredients found in the article analyzed. The director of health causing such analysis to be made shall cause such certificate to be published in some paper published in the city, borough or town, or one nearest thereto, where the article analyzed was obtained, for such length of time as he thinks necessary, and the cost of analysis and the cost of the publication of the certificate shall be paid by the person or firm from whom the article analyzed was obtained. If such person or firm so elects, he or it may annex to such certificate an affidavit setting forth from whom the article analyzed was purchased. In each case where an analysis has been made according to the provisions of this section and the article analyzed has been found pure and free from foreign ingredients, the cost of the analysis shall be paid by the city, borough or town whose director of health caused such analysis to be made.

      (1949 Rev., S. 3898.)

      History: Sec. 19-208 transferred to Sec. 21a-62 in 1983.

      Sec. 21a-63. (Formerly Sec. 19-210h). State clinical thermometer standard. The term "clinical thermometer", as used in this section, means a maximum self-registering thermometer of the type commonly used for measuring body temperatures and a "correct clinical thermometer" means a thermometer which conforms, within the tolerances hereinafter established, to the standards herein established and to the specifications to be promulgated as provided herein. A "state clinical thermometer reference standard", for the purposes of this section, means a thermometer supplied by the state and certified by the National Institute of Standards and Technology for use by the state. "Official test standards" means such additional thermometers as may be supplied by the state in order to carry out the provisions of this section. Official test standards shall be verified by the Department of Consumer Protection upon their initial receipt and thereafter at the discretion of the department while in use for testing purposes. Verification thereof shall be made by comparison with a state clinical thermometer reference standard. In addition, the Department of Consumer Protection shall promulgate requirements, specifications and tolerances for clinical thermometers. Official test standards may be used in making comparisons of all clinical thermometers under tests. The manufacturer of a clinical thermometer shall submit representative samples of such thermometer to the Department of Consumer Protection prior to the time the thermometer is first offered for sale in this state and thereafter as required by said department. If, upon inspection by said department or its agents or other representatives, a clinical thermometer which is offered for sale is found to be correct, said department shall have the authority to certify such thermometer as correct. When a clinical thermometer is found, upon inspection by said department or its agents or other representatives, not to be a correct clinical thermometer, it may be seized by said department and condemned or destroyed or returned to the owner thereof upon satisfactory guarantee that it will not be offered for sale, sold or used again within this state. All clinical thermometers shall be marked with the name, initials or trademark of the manufacturer. Any person who, by himself or his agents or representatives, offers for sale, keeps for the purpose of sale or sells any clinical thermometer not certified as correct as herein provided shall be fined not more than fifty dollars.

      (1949 Rev., S. 3803; 1972, P.A. 258, S. 1; P.A. 87-103, S. 1, 2; P.A. 90-125, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: 1972 act replaced references to department and commissioner of health with references to department and commissioner of consumer protection; Sec. 19-66 transferred to Sec. 19-210h in 1972; Sec. 19-210h transferred to Sec. 21a-63 in 1983; P.A. 87-103 eliminated the requirement for annual certification by the National Bureau of Standards, replaced verification every six months with verification at the discretion of the department, required manufacturers to submit representative samples to the department of consumer protection prior to offering the thermometers for sale in the state and removed the requirement that the department mark each thermometer; P.A. 90-125 substituted National Institute of Standards and Technology for National Bureau of Standards; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection 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.

      Sec. 21a-64. (Formerly Sec. 19-209). Distribution of drugs and poisons. Any person who, by himself, his servant or agent, distributes or gives away, in any street or highway or from house to house, any bottle, box, envelope or package containing any liquid medicine, or any pill, powder, tablet or other article, which contains any drug or poison, shall be fined not more than fifty dollars or imprisoned not more than one year or both.

      (1949 Rev., S. 3899.)

      History: Sec. 19-209 transferred to Sec. 21a-64 in 1983.

      Sec. 21a-65. (Formerly Sec. 19-209a). Sale of hypodermic needles and syringes restricted. (a) A licensed manufacturer or licensed wholesaler may sell hypodermic needles and syringes only to the following: (1) To a licensed manufacturer, licensed wholesaler or licensed pharmacy; (2) to a physician, dentist, veterinarian, embalmer, podiatrist or scientific investigator licensed to practice in this state; (3) to a person in charge of a care-giving institution, as defined in subdivision (2) of section 20-571, incorporated college or scientific institution, but only for use by or in such care-giving institution, college or institution for medical or scientific purposes; (4) to a person in charge of a licensed or registered laboratory, but only for use in that laboratory for scientific and medical purposes; (5) to a farmer but only for use on the farmer's own animals or poultry; (6) to a business authorized in accordance with the regulations adopted under section 21a-66 to purchase hypodermic needles and syringes but only for legitimate industrial or medical use within that business; and (7) to a needle and syringe exchange program established pursuant to section 19a-124.

      (b) Except as provided in subsection (a) of this section, no licensed manufacturer, licensed wholesaler or licensed pharmacist shall sell and no person shall buy a hypodermic needle or syringe except upon a prescription of a prescribing practitioner, as defined in subdivision (22) of section 20-571, in a quantity greater than ten. Any such prescription shall be retained on file by the seller for a period of not less than three years and shall be accessible to any public officer engaged in the enforcement of this section. Such a prescription shall be valid for one year from the date thereof and purchases and sales may be made thereunder during such period, provided the seller shall confirm the continued need for such sales with such practitioner at least every six months if sales continue to be made thereunder. Hypodermic needles and syringes in a quantity of ten or less without a prescription may be provided or sold at retail only by the following: (1) By a pharmacy licensed in accordance with section 20-594 and in such pharmacy only by a licensed pharmacist or under his direct supervision; (2) by a needle exchange program established pursuant to section 19a-124; and (3) by a health care facility or a licensed health care practitioner for use by their own patients.

      (c) At all locations where hypodermic needles and syringes are kept they shall be stored in a manner so as to be available only to authorized personnel and not be openly available to customers or patients. All used, disposable hypodermic needles and used, disposable syringes shall be destroyed. Destruction shall be conducted in a manner which renders such needles and syringes nonrecoverable. Used needles and syringes which have been discarded and are awaiting destruction shall be securely safeguarded or rendered nonreusable.

      (d) Any person who violates any provision of this section shall be fined not more than five hundred dollars or imprisoned not more than one year or both.

      (1971, P.A. 489, S. 1-3; P.A. 79-457, S. 2, 4; P.A. 83-115; P.A. 90-214, S. 1, 5; P.A. 92-185, S. 1, 6; May Sp. Sess. P.A. 92-11, S. 65, 70; P.A. 95-264, S. 53; P.A. 99-102, S. 31.)

      History: P.A. 79-457 referred to "licensed" manufacturers and wholesalers, replaced "physician licensed to practice medicine and surgery" with "practitioner, as defined in section 20-184a" and "pharmacist" with "pharmacy", allowed sales to osteopaths, scientific investigators and those in charge of "care-giving institutions" as defined in Sec. 19-504a (formerly "hospitals"), added Subdiv. (6) allowing sales to businesses authorized to purchase needles and syringes "only for legitimate industrial or medical use within that business", required confirmation of continued need for sales every six, rather than three, months in Subsec. (b) and added new Subsec. (c) re storage and disposal, redesignating former Subsec. (c) as Subsec. (d); Sec. 19-66a transferred to Sec. 19-209a in 1981; Sec. 19-209a transferred to Sec. 21a-65 in 1983; P.A. 83-115 required destruction of used syringes and needles, required that destruction render them nonrecoverable and required that they be safeguarded or rendered nonreusable while awaiting destruction, replacing provision which required only that they "not be disposed of until they have been rendered nonreusable"; P.A. 90-214 added Subdiv. (7) in Subsec. (a) re needle and syringe exchange program; P.A. 92-185 amended Subsec. (a) to delete provision re sale "without the prescription of a practitioner as defined in section 20-184a", amended Subsec. (b) to limit the requirement of a prescription to the sale and purchase of hypodermic needles or syringes "in a quantity greater than eight" and to add provision that hypodermic needles and syringes in a quantity of eight or less may be provided or sold at retail without a prescription only by a licensed pharmacy, a needle exchange program and a health care facility or licensed health care practitioner, amended Subsec. (c) to require that hypodermic needles and syringes be stored in a manner "so as to be available only to authorized personnel and not be openly available to customers or patients" rather than "to prevent theft or diversion from their lawful use" and to delete provision that the purpose of requiring used needles and syringes awaiting destruction to be safeguarded or rendered nonreusable is "to prevent their theft", and amended Subsec. (d) to delete from the applicability of the penalty "any person who forges or alters a prescription for the purpose of purchasing a hypodermic needle or syringe in violation of the provisions of this section"; May Sp. Sess. P.A. 92-11 amended Subsec. (b) to increase the quantity of needles or syringes that requires a prescription from "greater than eight" to "greater than ten" and to increase from "eight or less" to "ten or less" the quantity of needles or syringes which may be provided or sold at retail without a prescription by specified entities; P.A. 95-264 made technical changes (Revisor's note: The reference in Subsec. (b) to "prescribing practitioner, as defined in subdivision (21) of ..." was changed editorially by the Revisors to "prescribing practitioner, as defined in subdivision (22) of ..."); P.A. 99-102 amended Subsec. (a) by deleting an obsolete reference to osteopathy and making technical changes.

      Sec. 21a-66. (Formerly Sec. 19-209b). Regulations re sale, purchase, handling and disposal of hypodermic needles and syringes. The Commissioner of Consumer Protection shall adopt regulations in accordance with the provisions of chapter 54 to control the sale, purchase, handling and disposal of hypodermic needles and syringes pursuant to section 21a-65.

      (P.A. 79-457, S. 3, 4; P.A. 88-357, S. 21; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: Sec. 19-209b transferred to Sec. 21a-66 in 1983; P.A. 88-357 expanded the area to be covered by the regulations to include sale, handling and disposal of hypodermic needle; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-67. (Formerly Sec. 19-209c). Apricot kernels. Labeling requirement. No person shall sell or offer for sale any apricot kernels unless such kernels are packaged and each package is labeled with a warning that such kernels contain cyanide and that ingestion of such kernels may be fatal.

      (P.A. 79-379, S. 6.)

      History: Sec. 19-209c transferred to Sec. 21a-67 in 1983.

      Sec. 21a-68. (Formerly Sec. 19-209d). Packaging of veterinary drugs. Any substance containing aspirin, or a controlled substance as defined in section 21a-240, or a legend drug as defined in section 20-l84a, sold or offered for sale in this state and intended to be administered to companion animals in the home shall be packaged in accordance with the requirements established by regulation under the federal Poison Prevention Packaging Act of 1970, 84 Stat. 1670, 15 USC 1471, as amended.

      (P.A. 79-288, S. 1.)

      History: Sec. 19-209d transferred to Sec. 21a-68 in 1983.

      Sec. 21a-69. (Formerly Sec. 19-209e). "Companion animal" defined by regulation. The Commissioner of Consumer Protection, with the advice and assistance of the State Board of Veterinary Registration and Examination, shall by regulation adopted in accordance with chapter 54 define the term "companion animals" for the purposes of section 21a-68.

      (P.A. 79-288, S. 2, 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: Sec. 19-209e transferred to Sec. 21a-69 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-70. (Formerly Sec. 19-210). Registration of manufacturers and wholesalers of drugs. Sale of drugs limited. (a) Definitions. As used in this section: (1) "Wholesaler" or "distributor" means a person, whether within or without the boundaries of the state of Connecticut, who supplies drugs, medical devices or cosmetics prepared, produced or packaged by manufacturers, to other wholesalers, manufacturers, distributors, hospitals, prescribing practitioners, as defined in subdivision (22) of section 20-571, pharmacies, federal, state or municipal agencies, clinics or any other person as permitted under subsection (h) of this section, except that a retail pharmacy or a pharmacy within a licensed hospital which supplies to another such pharmacy a quantity of a noncontrolled drug or a schedule III, IV or V controlled substance normally stocked by such pharmacies to provide for the immediate needs of a patient pursuant to a prescription or medication order of an authorized practitioner, a pharmacy within a licensed hospital which supplies drugs to another hospital or an authorized practitioner for research purposes, and a retail pharmacy which supplies a limited quantity of a noncontrolled drug or of a schedule II, III, IV or V controlled substance for emergency stock to a practitioner who is a medical director of a chronic and convalescent nursing home, of a rest home with nursing supervision or of a state correctional institution shall not be deemed a wholesaler under this section; (2) "manufacturer" means a person whether within or without the boundaries of the state of Connecticut who produces, prepares, cultivates, grows, propagates, compounds, converts or processes, directly or indirectly, by extraction from substances of natural origin or by means of chemical synthesis or by a combination of extraction and chemical synthesis, or who packages, repackages, labels or relabels a container under such manufacturer's own or any other trademark or label any drug, device or cosmetic for the purpose of selling such items. The words "drugs", "devices" and "cosmetics" shall have the meaning ascribed to them in section 21a-92; and (3) "commissioner" means the Commissioner of Consumer Protection.

      (b) Registration of wholesalers and manufacturers of drugs required. Exception. Fees. Expenses. No wholesaler or manufacturer shall operate as such until he has received a certificate of registration issued by the commissioner, which certificate shall be renewed annually, provided no such certificate shall be required of a manufacturer whose principal place of business is located outside the state, who is registered with the federal Food and Drug Administration or any successor agency and who files a copy of such registration with the commissioner. A fee of one hundred fifty dollars shall be charged for each wholesaler's certificate and renewal thereof and the fee for a manufacturer's certificate and renewal thereof shall be two hundred twenty-five dollars for manufacturers employing not more than five licensed pharmacists or qualified chemists or both; three hundred dollars for manufacturers employing not more than ten licensed pharmacists or qualified chemists or both; and seven hundred fifty dollars for manufacturers employing more than ten licensed pharmacists or qualified chemists or both. No such certificate shall be issued to a manufacturer unless such drugs, medical devices or cosmetics are manufactured or compounded under the direct supervision of a licensed pharmacist or a qualified chemist. No certificate of registration shall be issued under this section until the applicant has furnished proof satisfactory to the commissioner that the applicant is equipped as to facilities and apparatus to properly carry on the business described in his application and that the applicant conforms to chapter 418 and regulations adopted thereunder.

      (c) Commissioner's right to deny certificate. The commissioner shall have the right to deny a certificate of registration if he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the commissioner shall consider, at a minimum, the following factors:

      (1) Any convictions or regulatory actions involving the applicant under any federal, state or local law relating to drug samples, wholesale or retail drug distribution, or distribution or possession of drugs including controlled substances;

      (2) Any felony convictions of the applicant under federal, state or local laws;

      (3) The applicant's past experience in the manufacture or distribution of drugs;

      (4) The furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution;

      (5) Suspension, revocation or other sanction by federal, state or local government of any license or registration currently or previously held by the applicant for the manufacture or distribution of any drugs;

      (6) Compliance with licensing or registration requirements under previously granted licenses or registrations;

      (7) Compliance with requirements to maintain or make available to the commissioner or to federal, state or local law enforcement officials those records required by any federal or state statute or regulation;

      (8) Failure to provide adequate control against the diversion, theft and loss of drugs;

      (9) Provision of required security for legend drugs and, in the case of controlled substances, compliance with security requirements for wholesalers set forth in regulations adopted under chapter 420b; and

      (10) Compliance with all regulations adopted to enforce the provisions of this section.

      (d) Suspension, revocation or refusal to renew registration. The commissioner may suspend, revoke or refuse to renew a registration, or may issue a letter of reprimand or place a registrant on probationary status, for sufficient cause. Any of the following shall be sufficient cause for such action:

      (1) The furnishing of false or fraudulent information in any application or other document filed with the commissioner;

      (2) Any criminal conviction of the registrant under any federal or state statute concerning drugs;

      (3) The suspension, revocation or other restriction or penalty issued against a license or registration related to drugs;

      (4) Failure to provide adequate control against the diversion, theft and loss of drugs; or

      (5) A violation of any provision of any federal or state statute or regulation concerning drugs.

      (e) Compliance with applicable laws. Wholesalers shall operate in compliance with applicable federal, state and local statutes, regulations and ordinances, including any applicable laws concerning controlled substances, drug product salvaging or reprocessing.

      (f) Inspections and audits. Wholesalers and manufacturers shall permit the commissioner, or his authorized representatives, to enter and inspect their premises and delivery vehicles, and to audit their records and written operating procedures, at reasonable times and in a reasonable manner.

      (g) Hearings. Before denying, suspending, revoking or refusing to renew a registration, or before issuing a letter of reprimand or placing a registrant on probationary status, the commissioner shall afford the applicant or registrant an opportunity for a hearing in accordance with the provisions of chapter 54. Notice of such hearing may be given by certified mail. The commissioner may subpoena witnesses and require the production of records, papers and documents pertinent to such hearing.

      (h) Sale of drugs limited. Regulations. No manufacturer or wholesaler shall sell any drugs except to the state or any political subdivision thereof, to another manufacturer or wholesaler, to any hospital recognized by the state as a general or specialty hospital, to any institution having a full-time pharmacist who is actively engaged in the practice of pharmacy in such institution not less than thirty-five hours a week, to a chronic and convalescent nursing home having a pharmacist actively engaged in the practice of pharmacy based upon the ratio of one-tenth of one hour per patient per week but not less than twelve hours per week, to a practicing physician, podiatrist, dentist, optometrist or veterinarian or to a licensed pharmacy or a store to which a permit to sell nonlegend drugs has been issued as provided in section 20-624. The commissioner may adopt such regulations as are necessary to administer and enforce the provisions of this section.

      (i) Penalty. Any person who violates any provision of this section shall be fined not more than five hundred dollars or imprisoned not more than six months or both.

      (1949 Rev., S. 3925-3928; 1951, S. 2089d; 1959, P.A. 412, S. 38, 42; 593, S. 1; February, 1965, P.A. 519; 1971, P.A. 115; P.A. 74-298, S. 1, 2; P.A. 75-279, S. 1, 2; P.A. 76-228, S. 1, 2; P.A. 77-73; 77-170; P.A. 78-53, S. 2; 78-310, S. 1, 4; P.A. 79-13; P.A. 84-194, S. 1; P.A. 86-13, S. 1, 4; P.A. 89-251, S. 152, 203; P.A. 92-181, S. 2, 3; P.A. 93-55, S. 8; P.A. 95-264, S. 54; June Sp. Sess. P.A. 00-2, S. 14, 53; June Sp. Sess. P.A. 01-9, S. 25, 131; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: 1959 acts created distinction between fees for wholesalers' and manufacturers' certificates in Subsec. (b), adding provisions re manufacturers' certificates; 1965 act deleted "manufacturers" from wholesaler's activities, changed "medical devices" to "proprietary medicines," extended wholesaler to mean person within or without the state, limited reselling to "within the state", confined the meaning of "manufacturer" to a person "within the state" and replaced commissioner of food and drugs with commissioner of consumer protection; 1971 act deleted provision prohibiting issuance of certificate to wholesaler unless drugs, etc. dispensed under direct supervision of licensed pharmacist or qualified chemist; P.A. 74-298 redefined "wholesaler" and "manufacturer" to replace references to bottling, packing and purchase or manufacture of drugs, medicine, cosmetics, etc.; P.A. 75-279 revised sale prohibition in Subsec. (c) to except other manufacturers and wholesalers and podiatrists and to delete dispensary reference and to add provision re adoption of necessary regulations; P.A. 76-228 increased fees in Subsec. (b): For wholesalers, from $50 to $75, for manufacturers, from $75 to $112.50 for those employing not more than five licensed pharmacists or chemists or both, from $100 to $150 for those employing not more than ten and from $250 to $375 for those employing more than ten; P.A. 77-73 included manufacturers outside Connecticut as well as those within in Subsec. (a), added proviso re exemption from certificate requirements for those whose principal place of business is outside the state and required proof of proper facilities and equipment and of conformity with chapter 342 in Subsec. (b) and qualified sales to institutions with full-time pharmacists in Subsec. (c) by requiring that pharmacist practice at least 35 hours per week; P.A. 77-170 excepted retail pharmacies and pharmacies within licensed hospitals from definition of "wholesaler" in certain specified circumstances; P.A. 78-53 included schedule III, IV or V controlled substances in exception for retail pharmacies and pharmacies within licensed hospitals added in 1977 act; P.A. 78-310 referred to "manufacturer's certificate" rather than "drug manufacturer's certificate" in Subsec. (b); P.A. 79-13 applied definition of "wholesaler" to "distributor" as well; Sec. 19-210 transferred to Sec. 21a-70 in 1983; P.A. 84-194 amended Subsec. (a) to specifically exclude from the definition of "wholesaler" or "distributor" a retail pharmacy which supplies certain controlled and noncontrolled drugs to medical directors of convalescent nursing homes or rest homes; P.A. 86-13 amended Subsec. (c) to authorize sales to optometrists; P.A. 89-251 amended Subsec. (b) to increase fee for a wholesaler's certificate from $75 to $150, for a manufacturer employing not more than five pharmacists or chemists from $112.50 to $225, for a manufacturer employing not more than ten pharmacists or chemists, from $150 to $300, and for a manufacturer employing more than ten pharmacists or chemists from $375 to $750; P.A. 92-181 amended Subsec. (a) to define "commissioner", inserted a new Subsec. (c) re commissioner's right to deny a certificate and grounds for denying certificate, new Subsec. (d) re commissioner's other powers and what would constitute "sufficient cause" for the commissioner to exercise those powers and new Subsecs. (e), (f) and (g) re duties of wholesalers and the right of the commissioner to enter and inspect premises and delivery vehicles and to audit records and the commissioner's duties with regard to affording the applicant with proper notice and hearing, relettering former Subsecs. (c) and (d) accordingly; P.A. 93-55 made technical change in Subsec. (a); P.A. 95-264 changed "licensed" practitioner to "prescribing" practitioner in Subsec. (a) and changed "proprietary and patent medicines" to "nonlegend drugs" in Subsec. (i) (Revisor's note: The reference in Subsec. (a) to "prescribing practitioner, as defined in subdivision (21) of ..." was changed editorially by the Revisors to "prescribing practitioner, as defined in subdivision (22) of ..."); June Sp. Sess. P.A. 00-2 amended Subsec. (h) to authorize sales of drugs to certain chronic and convalescent nursing homes, effective July 1, 2000; June Sp. Sess. P.A. 01-9 amended Subsec. (a) to add provision re state correctional institution to the definition of "wholesaler" and to make a technical change for purposes of gender neutrality, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-70a. (Formerly Sec. 21a-250a). Distribution of noncontrolled drugs used as emergency stock. Noncontrolled drugs distributed as emergency stock to a medical director of a chronic and convalescent nursing home or a rest home with nursing supervision shall be supplied in containers which bear labels specifying the name of the drug and its strength, expiration date, lot number and manufacturer. Such noncontrolled drugs distributed as emergency stock shall be limited in type and quantity to those specifically documented and authorized by such medical director for use as emergency stock in such facility.

      (P.A. 84-194, S. 2.)

      History: Sec. 21a-250a transferred to Sec. 21a-70a in 1987.

      Sec. 21a-70b. Regulation of sales of drugs at flea markets. (a) As used in this section:

      (1) "Flea market" means any location other than a permanent retail store at which space is rented or otherwise made available to others for the conduct of business as transient or itinerant vendors, but does not include the location of (A) any sale by sample, catalog or brochure for future delivery, or (B) any sale or sales presentation pursuant to a prior invitation issued by the owner or legal occupant of the premises; and

      (2) "Manufacturer's or distributor's representative" means any person authorized by a manufacturer or distributor of any drug, as defined in section 21a-92, to offer or sell any such product to the public at retail.

      (b) No person, except a manufacturer's or distributor's representative, shall sell, offer for sale or knowingly permit the sale of any drug, as defined in section 21a-92, at any flea market.

      (c) Any manufacturer's or distributor's representative, when selling or offering for sale any drug, as defined in section 21a-92, at any flea market shall carry on such representative's person written credentials indicating that such manufacturer's or distributor's representative is authorized by the manufacturer or distributor of such drug to engage in the retail sale of such drug to the public. Such credentials shall be made available for inspection by any interested person upon the request of such person. Such credentials shall include the name of the manufacturer's or distributor's representative and may include the date, if any, on which such credentials expire.

      (d) No person shall present credentials required under subsection (c) of this section that are false, misleading or fraudulently obtained.

      (e) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this section.

      (f) Any person who violates any provision of this section, or any regulation adopted under this section, shall be fined not more than one hundred dollars.

      (P.A. 99-98; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

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

      Sec. 21a-70c. Prescription drug pedigree program. Working group convened. (a) The Commissioner of Consumer Protection shall convene a working group comprised of the Commissioners of Consumer Protection and Emergency Management and Homeland Security, or their designees, a member of the Commission of Pharmacy, the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to public health, or their designees, and representatives of retail drug establishments, independent pharmacies and pharmaceutical manufacturers. The working group shall be responsible for submitting recommendations to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to public health concerning the development and implementation of a program to authenticate the pedigree of prescription drugs distributed in this state.

      (b) For purposes of this section, (1) "authenticate" means to affirmatively verify, before any distribution of a prescription drug occurs, that each transaction listed on the pedigree has occurred; (2) "pedigree" means a document or electronic file containing information that records each distribution of any given prescription drug, from sale by a pharmaceutical manufacturer, through acquisition and sale by any wholesale distributor or repackager, until final sale to a pharmacy or other person dispensing or administering the prescription drug; and (3) "prescription drug" means any drug, including any biological product, except for blood and blood components intended for transfusion or biological products that are also medical devices required by federal law or regulations, to be dispensed only by a prescription, including finished dosage forms and bulk drug substances subject to Section 503(b) of the federal Food, Drug and Cosmetic Act.

      (P.A. 05-272, S. 29.)

      History: P.A. 05-272 effective July 13, 2005.

      Sec. 21a-71. (Formerly Sec. 19-210a). Sale of food, drug or cosmetic at auction. No person shall sell any food, drug or cosmetic, as defined by section 21a-92, at an auction, unless such person has notified the Commissioner of Consumer Protection, in writing, of such sale; provided this section shall not apply to the sale of food by any church, parent teacher association, charitable organization as defined by subdivision (1) of section 21a-190a, or any organization of any political party. Such notice shall be given at least seven days prior to such sale and said commissioner may inspect such food, drug or cosmetic and prohibit the sale of the same if it is found to be unfit for human use. This section shall apply to the sale of unclaimed freight.

      (February, 1965, P.A. 404; P.A. 93-55, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: Sec. 19-210a transferred to Sec. 21a-71 in 1983; P.A. 93-55 made technical change, substituting reference to Sec. 21a-190a for reference to Sec. 21a-176; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-72. (Formerly Sec. 19-210b). Certificate of disinfection of stuffed toys. Any manufacturer of stuffed toys to be sold in the state using materials in such toys containing products of animal origin shall obtain from the Department of Consumer Protection a certificate of disinfection on forms provided by said department. The application for such certificate shall contain random samples of such products when ready for market. Only disinfecting processes approved by said department as rendering such products clean, pure and neither harmful nor dangerous to potential users thereof shall be used. Any person, firm or corporation which sells or offers to sell any such stuffed toy for which such certificate of disinfection has not been obtained shall be fined not more than five hundred dollars or imprisoned not more than six months or both.

      (February, 1965, P.A. 82, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: Sec. 19-210b transferred to Sec. 21a-72 in 1983; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection 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.

      Sec. 21a-73. (Formerly Sec. 19-210c). Unit pricing: Definitions. As used in sections 21a-73 to 21a-77, inclusive:

      (a) "Commissioner" means Commissioner of Consumer Protection;

      (b) "Consumer commodity" means any food, drug, device, cosmetic or other article, product, or commodity of any other kind or class, except drugs sold only by prescription, which is customarily produced for sale to retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered in or around the household, and which usually is consumed or expended in the course of such consumption or use;

      (c) "Unit price" of a consumer commodity means the retail price of a consumer commodity expressed in terms of the retail price of such commodity per such unit of weight, measure or count, computed to the nearest whole cent or fraction thereof;

      (d) "Unit of a consumer commodity" means any consumer commodity in packaged form upon which is affixed a statement indicating the quantity of such commodity contained in such package.

      (1971, P.A. 856, S. 1; P.A. 88-66, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: Sec. 19-210c transferred to Sec. 21a-73 in 1983; P.A. 88-66 defined "unit of a consumer commodity"; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-74. (Formerly Sec. 19-210d). Seller to disclose unit and total price of consumer commodity. (a) Any person who sells or offers or exposes for sale at retail any consumer commodity designated by the commissioner, in accordance with the provisions of section 21a-75, shall disclose to the consumer the unit and total price of such commodity as provided in subsection (b) of this section unless exempted pursuant to section 21a-76.

      (b) Persons subject to the requirements of subsection (a) of this section shall disclose the unit price and total price to consumers by one or more of the following means: (1) By attachment of a stamp, tag or label directly adjacent to the consumer commodity, on the shelf on which the commodity is displayed, or by stamping or affixing the price information on each unit of a consumer commodity; or (2) if the consumer commodity is so located that it is not conspicuously visible to the consumer, or is so located that the price information if displayed in accordance with subdivision (1) would not be conspicuously visible to the consumer, by a sign or list bearing such price information, conspicuously placed near the point of procurement; or (3) by such other means as the commissioner may by regulation provide.

      (c) Any printed advertisement to aid, promote or assist, directly or indirectly, in the sale of any consumer commodity subject to the provisions of subsection (a) of this section, which printed advertisement compares or otherwise displays different sizes or measures of the same such commodity, shall not state the total price of such commodity unless such advertisement also states the unit price of such commodity.

      (1971, P.A. 856, S. 2-4; P.A. 88-66, S. 2; P.A. 97-78, S. 1, 3.)

      History: Sec. 19-210d transferred to Sec. 21a-74 in 1983; P.A. 88-66 changed the reference in Subsec. (b) from "the commodity itself" to "each unit of a consumer commodity"; P.A. 97-78 amended Subsec. (c) re printed advertisements which compare or display different sizes or measures of the same commodity, effective May 27, 1997.

      Sec. 21a-75. (Formerly Sec. 19-210e). Regulations. Hearings. Civil penalties for noncompliance. (a) The commissioner shall adopt regulations necessary to carry out the purposes of sections 21a-73 to 21a-77, inclusive, for the best interests of consumers and, in addition, shall by regulation: (1) Designate those consumer commodities as to which display of the unit price shall be required, upon a determination that such display will be in the best interests of consumers; (2) designate the unit of weight, measure, or count in terms of which the unit price of each consumer commodity designated under subdivision (1) shall be expressed, provided that no designated unit shall be such as to require persons subject to the provisions of subsection (a) of section 21a-74 to measure any consumer commodity solely for the purpose of complying with said section; (3) designate whether the unit price of each consumer commodity designated under subdivision (1) shall be expressed to the nearest whole cent or fraction thereof; (4) prescribe the means for the disclosure of price information upon determination that such means would be more effective than those prescribed in subdivision (1) or (2) of subsection (b) of said section 21a-74.

      (b) The commissioner shall adopt regulations pursuant to the provisions of chapter 54.

      (c) The commissioner shall hold a hearing in accordance with the provisions of chapter 54 whenever he has probable cause to believe, or whenever twenty-five or more citizens state in writing to him their belief, that a person has violated any of the provisions of sections 21a-73 to 21a-76, inclusive.

      (d) Upon a finding that a person has violated any of the provisions of sections 21a-73 to 21a-76, inclusive, the commissioner may issue a warning citation or may impose a civil penalty of not more than one hundred dollars for the first offense and not more than five hundred dollars for each subsequent offense. Each violation with respect to all units of a particular consumer commodity on any single day shall be deemed a single offense.

      (1971, P.A. 856, S. 5; P.A. 74-183, S. 226, 291; P.A. 76-436, S. 195, 681; P.A. 88-66, S. 3.)

      History: P.A. 74-183 replaced circuit court with court of common pleas in Subsec. (c), effective December 31, 1974; P.A. 76-436 replaced "promulgate" with "adopt" in Subsec. (a), deleted reference to promulgating regulations and replaced "sections 4-41 to 4-50, inclusive" with "chapter 54" in Subsec. (b) and replaced "prosecuting attorney" with "assistant state's attorney" and "court of common pleas" with "superior court" and deleted "in the proper courts" in Subsec. (c), effective July 1, 1978; Sec. 19-210e transferred to Sec. 21a-75 in 1983; P.A. 88-66 provided that hearings would be held in accordance with chapter 54, deleting prior provisions re hearing procedures and added Subsec. (d) concerning the issuance of a warning or imposition of a civil penalty and designating each violation with respect to all units of a commodity on a single day as a single offense.

      Sec. 21a-76. (Formerly Sec. 19-210f). Exceptions. The provisions of sections 21a-73 to 21a-77, inclusive, shall not apply to any owner-operated single retail store or to any store occupying a total retail sales area of not more than three thousand five hundred square feet.

      (1971, P.A. 856, S. 6; P.A. 84-250, S. 1, 2.)

      History: Sec. 19-210f transferred to Sec. 21a-76 in 1983; P.A. 84-250 excluded stores occupying a retail sales area of not more than 3,500 square feet from the requirements of unit pricing.

      Sec. 21a-77. (Formerly Sec. 19-210g). Criminal penalty. Any person who violates any provision of sections 21a-73 to 21a-77, inclusive, shall be fined not more than two hundred dollars for the first offense and not more than one thousand dollars for each subsequent offense. Each violation with respect to all units of a particular consumer commodity on any single day shall be deemed a single offense.

      (1971, P.A. 856, S. 7; P.A. 88-66, S. 4; P.A. 07-217, S. 95.)

      History: Sec. 19-210g transferred to Sec. 21a-77 in 1983; P.A. 88-66 increased the maximum penalty from $100 to $200 for the first offense and from $500 to $1,000 for subsequent offenses; P.A. 07-217 made a technical change, effective July 12, 2007.

      Sec. 21a-78. (Formerly Sec. 19-210i). Shelf life pricing; definition; penalty. Section 21a-78 is repealed, effective October 1, 1999.

      (P.A. 75-601; P.A. 88-56; 88-364, S. 115, 123; P.A. 99-23, S. 2.)

      Sec. 21a-78a. Transferred to Chapter 743h, Sec. 42-230.

      Sec. 21a-78b. Suspension of application. Monitoring by department. Section 21a-78b is repealed, effective October 1, 1999.

      (P.A. 96-220, S. 6, 7; P.A. 97-78, S. 2, 3; P.A. 99-23, S. 2.)

      Sec. 21a-79. (Formerly Sec. 19-210j). Universal product coding. Electronic shelf labeling. Electronic pricing. Marking of retail price. Exemptions. Electronic price higher than posted price for consumer commodity. Regulations. Penalties. (a) For the purposes of this section (1) "consumer commodity" and "unit of a consumer commodity" have the same meaning as in section 21a-73, except that consumer commodity does not include alcoholic liquor, as defined in subdivision (3) of section 30-1, or a carbonated soft drink container; (2) "carbonated soft drink container" means an individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing a carbonated liquid soft drink sold separately or in packages of not more than twenty-four individual containers; (3) "universal product coding" means any system of coding that entails electronic pricing; (4) an electronic shelf labeling system is an electronic system that utilizes an electronic device attached to the shelf or at any other point of sale, immediately below or above the item, that conspicuously and clearly displays to the consumer the unit price and the price of the consumer commodity. Such electronic shelf labeling system reads the exact same data as the electronic cash register scanning system; and (5) an electronic pricing system is a system that utilizes the universal product coding bar code by means of a scanner in combination with the cash register to record and total a customer's purchases.

      (b) (1) (A) Any person, firm, partnership, association or corporation that utilizes universal product coding in totaling a retail customer's purchases shall mark or cause to be marked each consumer commodity that bears a Universal Product Code with its retail price.

      (B) Any person, firm, partnership, association or corporation that utilizes an electronic pricing system in totaling a retail consumer's purchases shall provide each consumer with an item-by-item digital display, plainly visible to the consumer as each universal pricing code is scanned, of the price of each consumer commodity or carbonated soft drink container, or both, selected for purchase by such consumer prior to accepting payment from such consumer for such commodity or container. The provisions of this subparagraph do not apply to any person, firm, partnership, association or corporation operating in a retail sales area of not more than ten thousand square feet.

      (2) The provisions of subparagraph (A) of subdivision (1) of this subsection shall not apply if: (A) The Commissioner of Consumer Protection, by regulation, allows for the utilization of electronic shelf labeling systems; (B) a retailer is granted approval to utilize an electronic shelf labeling system by the commissioner; (C) the retailer has demonstrated to the satisfaction of the commissioner that such electronic shelf labeling system is supported by an electronic pricing system that utilizes universal product coding in totaling a retail customer's purchases; and (D) the retailer has received approval for such an electronic pricing system by the commissioner.

      (3) The provisions of subparagraph (A) of subdivision (1) of this subsection shall not apply if: (A) The retailer has met the conditions of subdivision (2) of this subsection; and (B) the retailer has received permission by the commissioner to suspend implementation of the electronic pricing system for a period not to exceed thirty days in order to allow the retailer or an agent acting on behalf of the retailer to reset, remodel, repair or otherwise modify such system at the retail establishment.

      (4) The provisions of subparagraph (A) of subdivision (1) of this subsection shall not apply if: (A) The retailer applies and is approved for an exemption by the Commissioner of Consumer Protection, (B) the retailer demonstrates to the satisfaction of the commissioner that the retailer has achieved price scanner accuracy of at least ninety-eight per cent, as determined by the latest version of the National Institute of Standards and Technology Handbook 130, "Examination Procedures for Price Verification, as adopted by The National Conference on Weights and Measures", (C) the retailer pays an application fee, to be used to offset annual inspection costs, of two hundred fifty dollars if the premises consists of less than twenty thousand square feet of retail space and five hundred dollars if the premises consists of twenty thousand square feet or more of retail space, (D) the retailer makes available a consumer price test scanner approved by the commissioner and located prominently in an easily accessible location for each twelve thousand square feet of retail floor space, or fraction thereof, and (E) price accuracy inspections resulting in less than ninety-eight per cent price scanner accuracy are reinspected without penalty and the retailer pays a two-hundred-dollar reinspection fee.

      (5) Notwithstanding any provision of this subsection, consumer commodities that are offered for sale and that are located on an end cap display within the retail sales area are not subject to the requirements specified under this subsection, provided any information that would have been available to a consumer pursuant to this section is clearly and conspicuously posted on or adjacent to such end cap. For purposes of this subdivision, "end cap display" means the location in the retail sales area that is at the immediate end of an aisle.

      (6) Consumer commodities that are advertised in a publicly-circulated printed form as being offered for sale at a reduced price for a minimum seven-day period need not be individually marked at such reduced retail price, provided such consumer commodities are individually marked with their regular retail price and a conspicuous sign is adjacent to such consumer commodities, which sign discloses: (A) The reduced retail price and its unit price; and (B) a statement that the item will be electronically priced at the reduced price by the cashier.

      (7) If a consumer commodity is offered for sale and its electronic price is higher than the posted price, then one item of such consumer commodity, up to a value of twenty dollars, shall be given to the consumer at no cost. A conspicuous sign shall adequately disclose to the consumer that in the event the electronic price is higher than the posted retail price, one item of such consumer commodity shall be given to the customer at no cost.

      (c) (1) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, concerning the marking of prices and use of universal product coding on each unit of a consumer commodity.

      (2) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, designating not more than twelve consumer commodities that need not be marked in accordance with subdivision (1) of subsection (b) of this section and specifying the method of providing adequate disclosure to consumers to insure that the electronic pricing of the designated consumer commodities is accurate. The commissioner may establish by regulation methods to protect consumers against electronic pricing errors of such designated consumer commodities and to insure that the electronic prices of such designated consumer commodities are accurate. Among the methods that the commissioner may consider are conditions similar to those set forth in subdivision (5) of subsection (b) of this section.

      (d) The Commissioner of Consumer Protection, after providing notice and conducting a hearing in accordance with the provisions of chapter 54, may issue a warning citation or impose a civil penalty of not more than one hundred dollars for the first offense and not more than five hundred dollars for each subsequent offense on any person, firm, partnership, association or corporation that violates any provision of subsection (b) of this section or any regulation adopted pursuant to subsection (c) of this section. Any person, firm, partnership, association or corporation that violates any provision of subsection (b) of this section or any regulation adopted pursuant to subsection (c) of this section shall be fined not more than two hundred dollars for the first offense and not more than one thousand dollars for each subsequent offense. Each violation with respect to all units of a particular consumer commodity on any single day shall be deemed a single offense.

      (P.A. 75-391, S. 1-4; P.A. 88-66, S. 5; P.A. 92-86; P.A. 95-342; P.A. 01-73, S. 1, 2; P.A. 02-43, S. 1; 02-82, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 05-86, S. 1; P.A. 06-66, S. 1; 06-196, S. 152.)

      History: Sec. 19-210j transferred to Sec. 21a-79 in 1983; P.A. 88-66 authorized issuance of warning citation and imposition of civil penalty; P.A. 92-86 amended Subsec. (a) by specifying that the definition of "consumer commodity" does not include alcoholic liquor as defined in Subdiv. (3) of Sec. 30-1 and by adding definitions of an "electronic shelf labeling system" and "electronic pricing system", amended Subsec. (b) to insert Subdiv. indicators, adding new Subdiv. (2) which detailed when the provisions of Subdiv. (1) would not apply, new Subdiv. (3) re commodities on sale at reduced prices and new Subdiv. (4), which provided that a commodity would be given to a customer upon demand at no cost if, at checkout, the electronic price was higher than the reduced retail price and amended Subsec. (c) to insert Subdiv. indicators, making technical change in Subdiv. (1) and adding provisions designated as Subdiv. (2) re adoption of regulations; P.A. 95-342 amended Subsec. (a) to exempt soft drink containers from the definition of "consumer commodity" and to add definition of "carbonated soft drink container" as Subdiv. (2), renumbering existing Subdivs. as necessary; P.A. 01-73 amended Subsec. (b) by designating existing Subdiv. (1) as Subdiv. (1)(A) and adding new Subdiv. (1)(B) re digital display and made conforming and technical changes throughout, effective October 1, 2002; P.A. 02-43 amended Subsec. (c)(2) by increasing from 10 to 12 the number of consumer commodities that need not be marked in accordance with Subsec. (b)(1); P.A. 02-82 amended Subsec. (b) by adding Subdiv. (2)(D) requiring retailer to receive approval for electronic pricing system by commissioner, by adding new Subdiv. (3) providing that price marking requirements of Subdiv. (1)(A) do not apply if retailer has met certain conditions, by renumbering existing Subdivs. (3) and (4) as Subdivs. (4) and (5) and by making technical changes in Subdivs. (1), (2) and (5); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-86 amended Subsec. (b) to add new Subdiv. (4) re commodities offered for sale on end cap displays and redesignate existing Subdivs. (4) and (5) as Subdivs. (5) and (6), respectively, and made technical changes in Subsec. (c), effective June 2, 2005; P.A. 06-66 amended Subsec. (b) by adding new Subdiv. (4) re exemptions, redesignating existing Subdivs. (4) to (6) as Subdivs. (5) to (7), respectively, removing provisions re electronic shelf labeling system in newly designated Subdiv. (5) and, in newly designated Subdiv. (7), removing reduced price provisions, adding posted price provisions, adding twenty-dollar value limit, modifing consumer notice to use term "posted" retail price and deleting "upon demand"; P.A. 06-196 made a technical change in Subsec. (d), effective June 7, 2006.

      Sec. 21a-79a. Pilot program re test audit of alternative electronic retail pricing systems. (a) Notwithstanding the provisions of section 21a-79 and any regulations adopted under said section, the Commissioner of Consumer Protection may, within available appropriations, establish a pilot program for the test audit of alternative electronic retail pricing systems that maintain and display the item and unit price of consumer commodities, as defined in subsection (a) of section 21a-79. The commissioner shall select one or more retailers to participate in any such pilot program in accordance with the following requirements: A retailer participating in the pilot program shall conduct business from one or more stores in this state on October 1, 2001. The retailer shall submit to the commissioner a written request to participate in the pilot program and pay all costs associated with a test audit under such pilot program. The retailer or retailers shall implement a system to be test audited that, at a minimum, (1) maintains the retailer's current item prices and unit prices for each product in an electronic database, (2) prints shelf tags that meet all applicable requirements for item pricing and unit pricing in effect on October 1, 2001, and (3) operates in such a way that (A) price decreases are immediately transmitted directly to the point of sale, and (B) price increases are transmitted to the point of sale only after such shelf tags are posted and such posting has been verified in the electronic database.

      (b) The commissioner may designate a private auditing organization to conduct any such test audit and shall charge the cost of such test audit to the selected retailer or retailers. No such test audit shall be conducted for a period exceeding twelve months. During the test audit, such store shall be exempt from the provisions of subdivision (1) of subsection (b) of section 21a-79 and any applicable regulations adopted under said section.

      (c) The commissioner shall report the results of each test audit conducted under any such pilot program and any recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to consumer protection not later than three months after the completion of such test audit. Such report shall include a copy of any audit report prepared by the commissioner or any such private auditing organization.

      (P.A. 98-211, S. 3; P.A. 01-43; 01-195, S. 172, 181; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 01-43 amended Subsec. (a) by changing "October 1, 1998," to "October 1, 2001," renumbering Subdivs. (3)(A) to (3)(C)(ii) as Subdivs. (1) to (3)(B) and making technical changes and amended Subsec. (b) by expanding applicability to multiple retailers and extending audit period from 6 months to 12 months; P.A. 01-195 made a technical change in Subsec. (a), effective July 11, 2001; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Secs. 21a-80 and 21a-81. (Formerly Secs. 19-210k and 19-210l). Natural or organically grown foods; requirements. Misbranding of natural or organically grown foods. Sections 21a-80 and 21a-81 are repealed, effective July 1, 1998.

      (P.A. 79-379, S. 2, 3; P.A. 80-483, S. 80, 186; P.A. 81-472, S. 49, 159; P.A. 98-73, S. 3, 4.)

      Sec. 21a-82. (Formerly Sec. 19-65a). Use of paint in tenements and municipally-owned buildings. (a) No person, firm or corporation shall use any paint on an interior surface of any tenement house, lodging house or boarding house as defined in chapter 368o nor on or around the interior or exterior surface of any door, window, porch, stairway or railing of any such tenement house, lodging house or boarding house unless such paint conforms to the standards as required in accordance with the Lead-based Paint Poisoning Prevention Act, Chapter 63 of the Social Security Act, as amended.

      (b) No municipality, housing authority, redevelopment agency, community housing development corporation or other public authority shall use any paint on an interior surface of any building owned or being developed by it which serves as living quarters unless such paint conforms to the standards of the American National Standards Institute. The Commissioner of Administrative Services shall promulgate standards not less restrictive than standards set by federal law in accordance with the Lead-based Paint Poisoning Prevention Act, Chapter 63 of the Social Security Act, as amended.

      (1967, P.A. 743, S. 1-3; 1969, P.A. 533, S. 3; 1971, P.A. 35, S. 2; 194, S. 5, 6; P.A. 75-392, S. 2; P.A. 77-614, S. 135, 610.)

      History: 1969 act made provisions of Subsec. (b) applicable to housing authorities, redevelopment agencies, community housing development corporations and other public authorities as well as to municipalities; 1971 acts repealed Subsec. (c) re $50 maximum fine for violation and replaced "United States of America Standards Institute" with "American National Standards Institute" in Subsecs. (a) and (b); P.A. 75-392 replaced reference to standards of the Institute with reference to standards in accordance with Lead-Based Paint Poisoning Prevention Act; P.A. 77-614 replaced director of purchases with commissioner of administrative services; Sec. 19-65a transferred to Sec. 21a-82 in 1983.

      Cited. 31 CA 359.

      Sec. 21a-83. (Formerly Sec. 19-65b). Packaging or sale of paint not conforming to federal standards. Labeling requirements. On or after January 1, 1976, no person, firm or corporation shall package, distribute, offer for sale, sell or give away any paint which does not conform to the most recent standards of federal law, in accordance with the Lead-Based Paint Poisoning Prevention Act, Chapter 63 of the Social Security Act, as amended, unless it bears the following warning statement:

      CAUTION-CONTAINS LEAD OR OTHER COMPOUNDS HARMFUL IF SWALLOWED. Do not apply on any interior surfaces of a dwelling or of a place used for the care of children or on window sills, toys, cribs or other furniture which might be chewed by children. Wash thoroughly after handling and before eating or smoking. Close container after each use.

KEEP OUT OF REACH OF CHILDREN

      Sec. 21a-84. (Formerly Sec. 19-65c). Seizure of mislabeled paint. The Commissioner of Consumer Protection may seize and remove for safe keeping paint which any person, firm or corporation packages, distributes, offers for sale, sells or gives away in violation of section 21a-83. When such person, firm or corporation from whom the commissioner has seized paint furnishes assurance satisfactory to the commissioner of compliance with the provisions of section 21a-83, the commissioner shall release such paint to such person, firm or corporation.

      (1969, P.A. 533, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: Sec. 19-65c transferred to Sec. 21a-84 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-84a. Connecticut Poison Control Center: Publication and distribution of list of poisonous plants. (a) The Connecticut Poison Control Center shall annually furnish a list of poisonous plants to trade associations that represent retailers of flowers and plants for publication to their members.

      (b) For the purposes of this section, "poisonous" means having the capacity to produce injury or illness to a human being or domestic animal through ingestion of the plant.

      (c) The trade associations referred to in subsection (a) of this section shall annually distribute the list to their member companies that sell flowers and plants at the retail level and shall encourage such companies to make the list available to persons who are customers in their retail establishments.

      (P.A. 03-193, S. 1.)

      Sec. 21a-85. (Formerly Sec. 19-65d). Penalty. Any person, firm or corporation violating any of the provisions of sections 21a-82 and 21a-83 shall be fined not more than five hundred dollars.

      (1971, P.A. 35, S. 1.)

      History: Sec. 19-65d transferred to Sec. 21a-85 in 1983.

      Cited. 31 CA 359.

      Sec. 21a-86. "Plumbing fixtures" defined. As used in sections 21a-86a to 21a-86g, inclusive, "plumbing fixtures" means water closets, including tank-type toilets, flushometer-tank toilets, flushometer-valve toilets, electromechanical hydraulic toilets and any other toilet that uses water; urinals; showerheads; and bathroom, lavatory and kitchen faucets.

      (P.A. 89-303, S. 1, 9.)

      Sec. 21a-86a. Regulations establishing minimum efficiency standards for plumbing fixtures and other water-saving devices. (a) On or before October 1, 1990, the Commissioner of Consumer Protection, in consultation with the Secretary of the Office of Policy and Management, the chairperson of the Public Utilities Control Authority, the State Building Inspector and the Commissioners of Public Health and Environmental Protection, shall adopt regulations in accordance with the provisions of chapter 54 establishing minimum efficiency standards for plumbing fixtures and other water-using devices, as appropriate.

      (b) The maximum water use allowed in the regulations adopted under subsection (a) of this section for showerheads, urinals, faucets and replacement aerators manufactured or sold on or after October 1, 1990, shall be as follows: For showerheads, 2.5 gallons per minute; for urinals, 1.0 gallons per flush; for bathroom sinks, lavatory and kitchen faucets and replacement aerators, 2.5 gallons per minute, except that lavatories in restrooms of public facilities shall be equipped with outlet devices which limit the flow rate to a maximum of 0.5 gallons per minute. The maximum water use allowed in the regulations adopted under subsection (a) of this section for tank-type toilets, flushometer-valve toilets, flushometer-tank toilets and electromechanical hydraulic toilets manufactured or sold on or after January 1, 1992, shall be 1.6 gallons per flush, unless and until equivalent standards for similar types of toilets are adopted by the American National Standards Institute, Inc.

      (c) Notwithstanding the provisions of subsection (b) of this section, the Commissioner of Consumer Protection, after consultation with the Secretary of the Office of Policy and Management, the chairperson of the Public Utilities Control Authority, the State Building Inspector and the Commissioners of Public Health and Environmental Protection, may increase the level of efficiency for plumbing fixtures upon determination that such increase would promote the conservation of water and energy and be cost-effective for consumers who purchase and use such fixtures. Any increased efficiency standard shall be effective one year after its adoption.

      (d) The Commissioner of Consumer Protection, in consultation with the Secretary of the Office of Policy and Management, the chairperson of the Public Utilities Control Authority, the State Building Inspector and the Commissioners of Public Health and Environmental Protection, shall adopt regulations in accordance with the provisions of chapter 54 necessary to implement the provisions of sections 21a-86 to 21a-86g, inclusive. Such regulations shall provide for (1) the sale of plumbing fixtures which do not meet the standards if the commissioner determines that compliance is not feasible or an unnecessary hardship exists and (2) the sale of plumbing fixtures, including, but not limited to, antique reproduction plumbing fixtures, which do not meet the standards, provided such plumbing fixtures were in stock in a store located in the state before October 1, 1990, if a showerhead, urinal, faucet or replacement aerator or before January 1, 1992, if a tank-type toilet, flushometer-valve toilet, flushometer-tank toilet or electromechanical hydraulic toilet.

      (P.A. 89-303, S. 2, 9; 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(c); P.A. 04-189, S. 1.)

      History: 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 Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-86b. Compliance with standards. No person may sell, offer for sale or install any new showerhead, urinal, faucet or replacement aerator on and after October 1, 1990, or any new tank-type toilet, flushometer-valve toilet, flushometer-tank toilet or electromechanical hydraulic toilet on and after January 1, 1992, unless such showerhead, urinal, faucet, replacement aerator, tank-type toilet, flushometer-valve toilet, flushometer-tank toilet or electromechanical hydraulic toilet meets or exceeds the efficiency standards set forth in regulations adopted by the Commissioner of Consumer Protection pursuant to subsection (a) of section 21a-86a, or is authorized under the regulations adopted by the commissioner pursuant to subsection (d) of said section.

      (P.A. 89-303, S. 3, 9; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

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

      Sec. 21a-86c. Procedures for testing plumbing fixtures. (a) The Commissioner of Consumer Protection, in consultation with the Secretary of the Office of Policy and Management, the chairperson of the Public Utilities Control Authority, the State Building Inspector and the Commissioners of Public Health and Environmental Protection, shall establish procedures for testing the efficiency of plumbing fixtures offered for retail sale if such procedures are not established in the State Building Code adopted pursuant to section 29-252.

      (b) Each manufacturer of plumbing fixtures shall test samples of such plumbing fixtures in accordance with the procedures established pursuant to this section or those established in the State Building Code, whichever are applicable. The tested flow rate shall be conspicuously marked on the unit carton in which the plumbing fixture is offered for retail sale.

      (P.A. 89-303, S. 4, 9; 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(c); P.A. 04-189, S. 1.)

      History: 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 Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 21a-86d. Right of access by commissioner to places where plumbing fixtures are sold, stored or maintained. (a) The Commissioner of Consumer Protection shall have access at all reasonable times to places where distributors or retailers sell, store or maintain plumbing fixtures for the purpose of making periodic inspections to determine compliance with the standards adopted pursuant to section 21a-86a and with the provisions of sections 21a-86b and 21a-86c.

      (b) The commissioner, upon complaint of any person, shall investigate complaints of violations of the standards adopted pursuant to the provisions of subsection (a) of section 21a-86a.

      (P.A. 89-303, S. 5, 9; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

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

      Sec. 21a-86e. Precedence of more stringent regulations. In the event of any conflict between regulations establishing efficiency standards for plumbing fixtures adopted pursuant to subsection (a) of section 21a-86a and the State Building Code adopted pursuant to section 29-252, the more stringent regulations shall take precedence.

      (P.A. 89-303, S. 6, 9.)

      Sec. 21a-86f. Distribution by Commissioner of Public Safety of regulations re plumbing fixtures. The Commissioner of Public Safety shall distribute copies of the regulations adopted by the Commissioner of Consumer Protection pursuant to section 21a-86a to persons requesting a copy of the Connecticut supplement to the State Building Code adopted pursuant to section 29-252.

      (P.A. 89-303, S. 7, 9; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

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

      Sec. 21a-86g. Civil penalty. Any person who violates any provision of sections 21a-86 to 21a-86g, inclusive, shall be assessed a civil penalty of two hundred fifty dollars for each violation. Each violation shall constitute a separate offense and each day that such violation continues shall constitute a separate offense. The Attorney General, upon complaint of the Commissioner of Consumer Protection, shall institute a civil action to recover such penalty.

      (P.A. 89-303, S. 8, 9; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

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

      Secs. 21a-87 to 21a-90. Reserved for future use.