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Sec. 21a-152. (Formerly Sec. 19-284). Sanitary conditions. Licenses; fees; revocation.

      Sec. 21a-152. (Formerly Sec. 19-284). Sanitary conditions. Licenses; fees; revocation. (a) Each building or room occupied as a bakery shall be so situated as not to be exposed to contamination from its surroundings, shall be drained and plumbed in a manner conducive to a healthful and sanitary condition, shall be adequately lighted and shall have such air-shafts and windows or ventilating pipes, to insure ventilation, as the Commissioner of Consumer Protection directs. Each bakery shall be provided with a washroom and lavatory facilities apart from the bake-room and any room where the manufacture of food products is conducted and suitable locker space shall be provided for each employee. Lavatory facilities shall not be within, or communicate directly with, production areas of a bakery. All bakery rooms shall be of a height adequate for proper ventilation. The walls and ceilings of preparation areas shall be constructed of a smooth material which is impervious to water and which is easily cleaned. Floors and walls shall fit tightly to prevent the accumulation of filth. All bakeries shall be free of vermin. Doors, windows, transoms, skylights and other openings shall be tightly screened between May first and November first of each year. The furniture, utensils and floors of such rooms shall be kept in a sanitary condition and fly-tight metal or plastic refuse containers shall be provided and emptied each day. Bakery products shall not be produced, prepared, packed or held under unsanitary conditions whereby they may be rendered unwholesome or otherwise injurious to health. The manufactured flour or meal food products shall be kept in clean, dry and airy rooms. Hot and cold running water under pressure shall be provided at a sink of sufficient size to be used for the washing of baking utensils. A sink suitable for washing hands shall be provided in the production area. Flour shall be stored on suitable racks at least six inches above the floor and all raw materials shall be protected in a sanitary manner at all times. Sleeping rooms shall be separated from the rooms where bakery products are manufactured or stored.

      (b) No person, firm or corporation shall operate a bakery without having obtained from said commissioner a bakery license. Application for such license shall be made on forms, furnished by the commissioner, showing the name and address of such bakery and the number of persons engaged in the production of bread and pastry products, excluding porters, dishwashers, drivers, sales personnel and other employees not directly engaged in such production. The commissioner shall cause an inspection to be made of the premises described in the application and, if conditions are found satisfactory, such license shall be issued. No person, firm or corporation operating a bakery, or any agent, servant or employee thereof, shall refuse, hinder or otherwise interfere with access by the commissioner or his authorized representative for the purpose of conducting an inspection. No person, firm or corporation shall sell or distribute bread, cakes, doughnuts, crullers, pies, cookies, crackers, spaghetti, macaroni or other food products, including frozen or canned baked goods made in whole or in part of flour or meal produced in any bakery located within or beyond the boundaries of this state, unless such bakery has obtained a license from said commissioner. The commissioner may promulgate regulations excepting out-of-state manufacturers of products, commonly known as cookies, crackers, brown bread or plum puddings in hermetically sealed containers and other similar products, from the license provisions of this section. Such license shall be valid for one year and a fee therefor shall be collected as follows: From a person, firm or corporation owning or conducting a bakery in which there are four persons or fewer engaged in the production of bread and pastry products, twenty dollars; in which there are not fewer than five nor more than nine persons so engaged, forty dollars; in which there are not fewer than ten nor more than twenty-four persons so engaged, one hundred dollars; in which there are not fewer than twenty-five nor more than ninety-nine persons so engaged, two hundred dollars; in which there are more than one hundred persons so engaged, two hundred fifty dollars.

      (c) A bakery license may be revoked by said commissioner for violation of this chapter after a hearing conducted in accordance with chapter 54. In addition, a bakery license may be summarily suspended pending a hearing if said commissioner has reason to believe that the public health, safety or welfare imperatively requires emergency action. Within ten days following the suspension order said commissioner shall cause to be held a hearing which shall be conducted in accordance with the provisions of said chapter 54. Following said hearing said commissioner shall dissolve such suspension or order revocation of the bakery license. Any person, firm or corporation whose license has been revoked may make application for a new license and said commissioner shall act on such application within thirty days of receipt. The costs of any inspections necessary to determine whether or not an applicant, whose license has been revoked, is entitled to have a new license granted shall be borne by the applicant at such rates as the commissioner may determine. Said commissioner may refuse to grant any bakery license if he finds that the applicant has evidenced a pattern of noncompliance with the provisions of this chapter. Prima facie evidence of a pattern of noncompliance shall be established if said commissioner shows that the applicant has had two or more bakery licenses revoked.

      (d) All vehicles used in the transportation of bakery products shall be kept in a sanitary condition and shall have the name and address of the bakery, owner, operator or distributor legibly printed on both sides. Each compartment in which unwrapped bakery products are transported shall be enclosed in a manner approved by the commissioner.

      (e) The provisions of this section shall not prevent local health authorities from enforcing orders or regulations concerning the sanitary condition of bakeries.

      (1949 Rev., S. 4005; 1949, S. 2110d; 1959, P.A. 389, S. 2; 412, S. 38, 42; P.A. 76-417, S. 1; P.A. 84-97, S. 1; P.A. 94-36, S. 28, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 286.)

      History: 1959 acts doubled license fees and replaced commissioner of food and drugs with commissioner of consumer protection; P.A. 76-417 prohibited production, packaging etc. of bakery products "under unsanitary conditions whereby they may be rendered unwholesome or otherwise injurious to health", forbade interference with inspections, revised fee schedule so that $50 fee applies to bakeries with 10 to 24 bakers and imposed additional categories for $100 and $200 fees and rewrote provisions re grounds for license revocation, procedure for revocation and issuance of new license; Sec. 19-284 transferred to Sec. 21a-152 in 1983; P.A. 84-97 divided section into Subsecs., substituted "lavatory facilities" for "water closet", specified the location of lavatory facilities, the height of bakery rooms and updated requirements re the material of which preparation rooms are constructed, allowed for the use of plastic refuse containers, required running water to be "under pressure", and required the presence of a sink suitable for washing hands in preparation rooms; P.A. 94-36 amended Subsec. (b) to eliminate the reference to the "July first to June thirtieth" license year, 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; June Sp. Sess. P.A. 09-3 amended Subsec. (b) to increase fees.

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