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