Connecticut Seal

General Assembly

 

Raised Bill No. 7077

January Session, 2017

 

LCO No. 3973

 

*03973_______GL_*

Referred to Committee on GENERAL LAW

 

Introduced by:

 

(GL)

 

AN ACT CONCERNING LIABILITY FOR THE CLEANUP AND DISPOSAL OF ADULTERATED FOOD.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2017) (a) Any person who has custody or is directly or indirectly responsible for the production, storage or transportation of food considered adulterated pursuant to section 21a-101 of the general statutes, or any person who directly or indirectly causes a nuisance or an emergency through the discharge, spillage, uncontrolled loss or seepage of liquid or solid food products that are removed or caused to be removed by the Commissioner of Consumer Protection or his or her authorized agents shall be liable for all costs and expenses incurred in investigating, containing, removing, monitoring, mitigating and disposing of such adulterated food, as well as any court costs and legal expenses related thereto. Upon request of the commissioner, the Attorney General shall bring a civil action to recover all such costs and expenses.

(b) If a person does not contain and remove or mitigate the effects of adulterated food pursuant to subsection (a) of this section to the satisfaction of the commissioner, or if the person is unknown and the adulterated food is not being contained, removed or mitigated by the federal government, a state agency, a municipality or a regional or interstate authority, the commissioner may contract with a third party to contain and remove or mitigate the effects of a discharge, spillage, loss, seepage or filtration of the adulterated food.

(c) If the commissioner incurs contractual obligations pursuant to subsection (b) of this section and the responsible person or the federal government does not assume the contractual obligations, the commissioner shall request the Attorney General to bring a civil action pursuant to subsection (a) of this section to recover the costs and expenses related to the contractual obligations.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2017

New section

Statement of Purpose:

To clarify who is responsible for the cleanup and disposal of adulterated food.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]