Substitute Senate Bill No. 411
Substitute Senate Bill No. 411
PUBLIC ACT NO. 98-69
AN ACT CONCERNING COMMERCIAL AND CUSTOMER-FORMULA
FEEDS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) As used in sections 1 to 12,
inclusive, of this act:
(1) "Person" means an individual, partnership,
corporation, limited liability company or
association;
(2) "Distribute" means to offer for sale,
sell, exchange or barter, or to supply, furnish or
otherwise provide;
(3) "Distributor" means any person who
distributes;
(4) "Commercial feed" means all materials
which are distributed or intended for distribution
for use as feed or for mixing in feed, but does
not means (A) unmixed whole seeds and physically
altered entire unmixed seeds, when such whole or
physically altered seeds are not chemically
changed or are not adulterated within the meaning
of section 5 of this act, and (B) commodities such
as hay, straw, stover, silage, cobs, husks, hulls
and individual chemical compounds or substances
when such commodities, compounds or substances are
not intermixed with other materials, and are not
adulterated within the meaning of section 5 of
this act;
(5) "Feed ingredient" means each of the
constituent materials making up a commercial feed;
(6) "Mineral feed" means a commercial feed
intended to supply primarily mineral elements or
inorganic nutrients;
(7) "Drug" means any substance intended for
use in the diagnosis, cure, mitigation, treatment
or prevention of disease in animals other than
natural persons and substances other than feed
intended to affect the structure or any function
of the animal body;
(8) "Customer-formula feed" means commercial
feed which consists of a mixture of commercial
feeds or feed ingredients each batch of which is
manufactured according to the specific
instructions of the final purchaser;
(9) "Manufacture" means to grind, mix or blend
or further process a commercial feed for
distribution;
(10) "Brand name" means any word, name, symbol
or device, or any combination thereof, identifying
the commercial feed of a distributor or registrant
and distinguishing it from that of others;
(11) "Product name" means the name of the
commercial feed which identifies it as to kind,
class or specific use;
(12) "Label" means a display of written,
printed or graphic matter upon or affixed to the
container in which a commercial feed is
distributed, or on the invoice or delivery slip
with which a commercial feed is distributed;
(13) "Labeling" means any written, printed or
graphic matter (A) upon a commercial feed or any
of its containers or wrapper, or (B) accompanying
such commercial feed;
(14) "Ton" means a net weight of two thousand
pounds avoirdupois;
(15) "Per cent" or "percentages" means
percentages by weights;
(16) "Official sample" means a sample of feed
taken by the Commissioner of Agriculture, or his
designee, in accordance with the provisions of
section 8 of this act;
(17) "Contract feeder" means a person who, as
an independent contractor, feeds commercial feed
to animals pursuant to a contract whereby such
commercial feed is supplied, furnished or
otherwise provided to such person and whereby such
person's remuneration is determined all or in part
by feed consumption, mortality, profits or amount
or quality of product;
(18) "Pet food" means any commercial feed
prepared and distributed for consumption by pets;
(19) "Pet" means any domesticated animal
normally maintained in or near the household of
the owner thereof;
(20) "Specialty pet food" means any commercial
feed prepared and distributed for consumption by
specialty pets;
(21) "Specialty pet" means any domesticated
animal pet normally maintained in a cage or tank,
such as, but not limited to, gerbils, hamsters,
canaries, psittacine birds, mynahs, finches,
tropical fish, goldfish, snakes and turtles;
(22) "Quantity statement" means the net weight
(mass), net volume (liquid or dry) or count;
(23) "Commissioner" means the Commissioner of
Agriculture; and
(24) "Director" means the director of the
Connecticut Agricultural Experiment Station.
Sec. 2. (NEW) (a) No person shall manufacture
a commercial feed in this state unless he has
filed with the Commissioner of Agriculture on
forms provided by the commissioner, his name,
place of business and location of each
manufacturing facility in this state.
(b) No person shall distribute in this state a
commercial feed, except a customer-formula feed,
which has not been registered pursuant to the
provisions of this section. The application for
registration shall be submitted in the manner
prescribed by the commissioner. Upon approval by
the commissioner the registration shall be issued
to the applicant. All registrations shall expire
on the thirty-first day of December of each year.
A distributor shall not be required to register
any commercial feed which is already registered
under this chapter by another person.
(c) The commissioner may refuse registration
of any commercial feed not in compliance with the
provisions of sections 1 to 12, inclusive, of this
act and cancel any registration subsequently found
not to be in compliance with any provision of this
act provided no registration shall be refused or
canceled unless the registrant is given an
opportunity to be heard before the commissioner
and to amend his application in order to comply
with the requirements of sections 1 to 12,
inclusive, of this act.
Sec. 3. (NEW) (a) A commercial feed shall be
labeled as provided in this section.
(b) In case of a commercial feed, except a
customer-formula feed, the feed shall be
accompanied by a label bearing the following
information: (1) The quantity statement; (2) the
product name and the brand name, if any, under
which the commercial feed is distributed; (3) the
guaranteed analysis stated in such terms as the
Commissioner of Agriculture, by regulation adopted
in accordance with the provisions of chapter 54 of
the general statutes, determines is required to
advise the user of the composition of the feed or
to support claims made in the labeling. In all
cases the substances or elements shall be
determinable by laboratory methods such as the
methods published by the Association of Official
Analytical Chemists International; (4) the common
or usual name of each ingredient used in the
manufacture of the commercial feed provided the
commissioner, by regulation adopted in accordance
with the provisions of chapter 54 of the general
statutes, may permit the use of a collective term
for a group of ingredients which perform a similar
function, or he may exempt such commercial feeds,
or any group thereof, from the requirement of an
ingredient statement if he finds that such
statement is not required in the interest of
consumers; (5) the name and principal mailing
address of the manufacturer or the person
responsible for distributing the commercial feed;
(6) adequate directions for use for all commercial
feeds containing drugs and for such other feeds as
the commissioner may require by regulation as
necessary for their safe and effective use; and
(7) such precautionary statements as the
commissioner by regulation determines are
necessary for the safe and effective use of the
commercial feed.
(c) In the case of a customer-formula feed,
the feed shall be accompanied by a label, invoice,
delivery slip or other shipping document bearing
the following information: (1) The name and
address of the manufacturer; (2) the name and
address of the purchaser; (3) the date of
delivery; (4) the product name and quantity
statement of each commercial feed and each other
ingredient used in the mixture; (5) adequate
directions for use for all customer-formula feeds
containing drugs and for such other feeds as the
commissioner may require by regulation as
necessary for their safe and effective use; (6)
the directions for use and precautionary
statements as required by regulation; (7) if the
feed contains a drug, (A) the purpose of the drug
or the claim statement, and (B) the established
name of each active drug ingredient and the amount
of each drug used in the final mixture expressed
in accordance with applicable regulations.
Sec. 4. (NEW) A commercial feed shall be
deemed to be misbranded:
(1) If its labeling is false or misleading in
any way;
(2) If it is distributed under the name of
another commercial feed;
(3) If it is not labeled as required in
section 3 of this act;
(4) If it purports to be or is represented as
a commercial feed, or if it purports to contain or
is represented as containing a commercial feed
ingredient, unless such commercial feed or feed
ingredient conforms to the definition, if any,
prescribed by regulation by the Commissioner of
Agriculture; or
(5) If any word, statement or other
information required by or under authority of this
act to appear on the label or labeling is not
prominently placed thereon with such
conspicuousness, compared with other words,
statements, designs or devices in the labeling and
in such terms as to render it likely to be read
and understood by the ordinary individual under
customary conditions of purchase and use.
Sec. 5. (NEW) A commercial feed shall be
deemed to be adulterated: (1) If it bears or
contains any poisonous or deleterious substance
which may render it injurious to health, except
that, if the substance is not an added substance,
the feed shall not be considered adulterated under
this section if the quantity of such substance in
the feed does not ordinarily render it injurious
to health; (2) if it bears or contains any added
poisonous, added deleterious or added nonnutritive
substance which is unsafe within the meaning of
Section 406 of the federal Food, Drug and Cosmetic
Act, other than one which is (A) a pesticide
chemical in or on a raw agricultural commodity or
(B) a food additive; (3) if it is, or bears or
contains any food additive which is unsafe within
the meaning of Section 409 of the federal Food,
Drug and Cosmetic Act; (4) if it is a raw
agricultural commodity and it bears or contains a
pesticide chemical which is unsafe within the
meaning of Section 408(a) of the federal Food,
Drug and Cosmetic Act except that, if a pesticide
chemical has been used in or on a raw agricultural
commodity in conformity with an exemption granted
or a tolerance prescribed under Section 408 of the
federal Food, Drug and Cosmetic Act and such raw
agricultural commodity has been subjected to
processing such as canning, cooking, freezing,
dehydrating or milling, the residue of such
pesticide chemical remaining in or on such
processed feed shall not be deemed unsafe if such
residue in or on the raw agricultural commodity
has been removed to the extent possible in good
manufacturing practice and the concentration of
such residue in the processed feed is not greater
than the tolerance prescribed for the raw
agricultural commodity unless the feeding of such
processed feed will result or is likely to result
in a pesticide residue in the edible product of
the animal which is unsafe within the meaning of
Section 408(a) of the federal Food, Drug and
Cosmetic Act; (5) if it is, or bears or contains,
any color additive which is unsafe within the
meaning of Section 706 of the federal Food, Drug
and Cosmetic Act; (6) if it is, or bears or
contains, any new animal drug which is unsafe
within the meaning of Section 512 of the federal
Food, Drug and Cosmetic Act; (7) if it consists in
whole or in part of any filthy, putrid or
decomposed substance, or if it is otherwise unfit
for feed; (8) if it has been prepared, packed or
held under unsanitary conditions whereby it may
have become contaminated with filth, or whereby it
may have been rendered injurious to health; (9) if
it is, in whole or in part, the product of a
diseased animal or of an animal which has died
otherwise than by slaughter which death has
rendered the product unsafe within the meaning of
Section 402(a)(1) or (2) of the federal Food, Drug
and Cosmetic Act; (10) if its container is
composed, in whole or in part, of any poisonous or
deleterious substance which may render the
contents injurious to health; (11) if it has been
intentionally subjected to radiation, unless the
use of the radiation was in conformity with the
regulation or exemption in effect pursuant to
Section 409 of the federal Food, Drug and Cosmetic
Act; (12) if any valuable constituent has been, in
whole or in part, omitted or abstracted from the
feed or any less valuable substance substituted
for the feed; (13) if its composition or quality
falls below or differs from that which it is
purported or is represented to possess by its
labeling; (14) if it contains a drug and the
methods used in, or the facilities or controls
used for, manufacture, processing, or packaging of
such drug do not conform to current good
manufacturing practice regulations adopted by the
Commissioner of Agriculture, in accordance with
the provisions of chapter 54 of the general
statutes, which shall assure that the drug meets
the requirements of this act as to safety, is
properly identified and has the strength and meets
the quality and purity characteristics which it
purports or is represented to possess. In adopting
such regulations, the commissioner shall adopt the
current good manufacturing practice regulations
for Type A Medicated Articles and Type B and Type
C Medicated Feeds established under authority of
the federal Food, Drug and Cosmetic Act, unless he
determines that they are not appropriate to the
conditions which exist in this state; or (15) if
it contains viable weed seeds in amounts exceeding
the limits which the commissioner shall establish
by such regulations.
Sec. 6. (NEW) The following acts or the
causing of such acts within this state are hereby
prohibited:
(1) The manufacture or distribution of any
commercial feed that is adulterated or misbranded;
(2) the adulteration or misbranding of any
commercial feed; (3) the distribution of
agricultural commodities such as whole seed, hay,
straw, stover, silage, cobs, husks and hulls,
which are adulterated within the meaning of
section 5 of this act; (4) the removal or disposal
of a commercial feed in violation of an order
under section 9 of this act; or (5) the failure or
refusal to register in accordance with section 2
of this act.
Sec. 7. (NEW) On or before July 1, 1999, the
Commissioner of Agriculture shall adopt, in
accordance with the provisions of chapter 54 of
the general statutes, such regulations for
commercial feeds and pet foods as are specifically
authorized in sections 1 to 10, inclusive, of this
act and such other reasonable regulations as may
be necessary for the efficient enforcement of
sections 1 to 10, inclusive, of this act. In the
interest of uniformity the commissioner shall by
such regulations adopt, unless he determines that
they are inconsistent with the provisions of
sections 1 to 10, inclusive, of this act or are
not appropriate to conditions which exist in this
state, the following: (1) The Official Definitions
of Feed Ingredients and Official Feed Terms
adopted by the Association of American Feed
Control Officials and published in the official
publication of that organization, and may
incorporate by reference any provisions, or future
changes to such provisions, which said association
may adopt for the regulation of commercial and
customer-formula feeds and (2) any regulation
promulgated pursuant to the authority of the
federal Food, Drug and Cosmetic Act (21 USC
Section 301, et seq.) provided the commissioner
otherwise has the authority to adopt such
regulations. The commissioner may establish fees
in such regulations to defray the costs of
administering this section.
Sec. 8. (NEW) (a) Any employee duly designated
by the Commissioner of Agriculture, upon
presenting appropriate credentials, and a written
notice to the owner, operator or agent in charge,
may (1) enter, during normal business hours, any
factory, warehouse or establishment within this
state in which commercial feeds are manufactured,
processed, packed or held for distribution, or to
enter any vehicle being used to transport or hold
such feeds, and (2) inspect at reasonable times
and within reasonable limits and in a reasonable
manner, such factory, warehouse, establishment or
vehicle and all pertinent equipment, finished and
unfinished materials, containers and labeling. The
inspection may include the verification of only
such records and production and control procedures
as may be necessary to determine compliance with
the regulations established under section 5 of
this act.
(b) A separate notice shall be given for each
such inspection but a notice shall not be required
for each entry made during the period covered by
the inspection. Each such inspection shall be
commenced and completed with reasonable
promptness. Upon completion of the inspection, the
person in charge of the facility or vehicle shall
be so notified.
(c) If the officer or employee making such
inspection of a factory, warehouse or other
establishment has obtained a sample in the course
of the inspection, upon completion of the
inspection and prior to leaving the premises, he
shall give to the owner, operator or agent in
charge a receipt describing the samples obtained.
(d) If the owner of any factory, warehouse or
establishment described in subsection (a) of this
section, or his agent, refuses to admit the
commissioner or his designee to inspect in
accordance with subsections (a) and (b) of this
section, the commissioner may apply to the
Superior Court for a warrant directing such owner
or his agent to submit the premises described in
such warrant.
(e) The commissioner or his designee may enter
upon any public or private premises including any
vehicle of transport during regular business hours
to have access to, and to obtain samples, and to
examine records relating to distribution of
commercial feeds.
(f) Sampling and analysis shall be conducted
in accordance with methods published by the
Association of Official Analytical Chemists
International, or in accordance with other
generally recognized methods.
(g) The results of all analyses of official
samples shall be forwarded by the director to the
person named on the label and to the purchaser.
When the inspection and analysis of an official
sample indicates a commercial feed has been
adulterated or misbranded and upon request within
thirty days following the receipt of the analysis
the director shall furnish to the registrant a
portion of the sample concerned.
(h) The commissioner, in determining for
administrative purposes whether a commercial feed
is deficient in any component, shall be guided by
the official sample, as defined in section 1 of
this act and obtained and analyzed as provided in
this section.
Sec. 9. (NEW) (a) When the Commissioner of
Agriculture, or his designee, has reasonable cause
to believe any lot of commercial feed is being
distributed in violation of any of the provisions
of sections 1 to 10, inclusive, of this act or any
regulations adopted under sections 1 to 10,
inclusive, of this act, he may issue and enforce a
written or printed withdrawal from distribution
order, warning the distributor not to dispose of
the lot of commercial feed in any manner until
written permission is given by the commissioner or
the Superior Court. The commissioner shall release
the lot of commercial feed so withdrawn when said
provisions and regulations have been complied
with. If compliance is not obtained within thirty
days, the commissioner may begin, or upon request
of the distributor or registrant shall begin,
proceedings for condemnation.
(b) Any lot of commercial feed not in
compliance with said provisions and regulations
shall be subject to seizure on complaint of the
commissioner to a court of competent jurisdiction
in the area in which said commercial feed is
located. In the event the court finds said
commercial feed to be in violation of sections 1
to 10, inclusive, of this act and orders the
condemnation of said commercial feed, it shall be
disposed of in any manner consistent with the
quality of the commercial feed and the laws of the
state provided, in no instance shall the
disposition of said commercial feed be ordered by
the court without first giving the claimant an
opportunity to apply to the court for release of
said commercial feed or for permission to process
or relabel said commercial feed to bring it into
compliance with sections 1 to 10, inclusive, of
this act and regulations adopted thereunder.
Sec. 10. (NEW) The Commissioner of Agriculture
may cooperate with and enter into agreements with
governmental agencies of this state, other states,
agencies of the federal government and private
associations in order to carry out the purposes
and provisions of sections 1 to 12, inclusive, of
this act.
Sec. 11. (NEW) The Director of the Connecticut
Agricultural Experiment Station shall publish at
least annually a report of the results of the
analyses of official samples of commercial feeds
sold within the state as compared with the
analyses guaranteed in the registration and on the
label.
Sec. 12. (NEW) The program of regulation of
commercial and customer-formula feeds established
in sections 1 to 6, inclusive, and sections 8 and
9 of this act shall terminate on July 1, 1999.
Sec. 13. (a) Sections 22-118a to 22-118j,
inclusive, of the general statutes are repealed.
(b) In codifying the provisions of this act,
the Legislative Commissioners shall delete the
references to section 22-118i that appear in
sections 51-164n and 51-344a of the general
statutes.
Sec. 14. This act shall take effect July 1,
1998.
Approved May 19, 1998