Secs. 22-266 to 22-272. Regulation of slaughterhouses and meat inspection, generally.
Sec. 22-272a. Approved methods of slaughter.
Sec. 22-272b. Custom slaughter facilities. Regulations. Exceptions.
Sec. 22-277a. Prompt payment for livestock required.
Secs. 22-266 to 22-272. Regulation of slaughterhouses and meat inspection, generally. Sections 22-266 to 22-272, inclusive, are repealed.
(1949 Rev., S. 3332–3336, 3338, 3339; 1957, P.A. 13, S. 81, 82; 1959, P.A. 412, S. 21–23, 26; 505, S. 1, 2; 1967, P.A. 823; 1969, P.A. 626, S. 20.)
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Sec. 22-272a. Approved methods of slaughter. (a) No person engaged in business as a slaughterer, packer or stockyard operator shall cause or permit any cattle, calves, sheep, swine, horses, mules, goats or other animals to be slaughtered or put into position for slaughter unless such animals are rendered insensible to pain or are restrained by an approved method. For the purpose of this section, a person shall be deemed to be engaged in business who slaughters any such animal for sale or trade.
(b) The following shall be deemed to be approved methods: (1) Rendering the animal insensible to pain by gunshot or mechanical, electrical, chemical or other rapid and effective means approved by the Commissioner of Consumer Protection or by the Secretary of Agriculture of the United States pursuant to the federal Humane Slaughter Act of 1958 (An Act of Congress approved August 27, 1958, Public Law 85-765, 72 Stat. 862, 7 USC 1901-1906), as amended; (2) restraint of the animal by means of a pen approved by the commissioner which firmly encloses the animal and, with a minimum of excitement and discomfort, places the animal in such a position that a cutting stroke may be administered quickly and efficiently; (3) restraint of the animal by means of a body harness approved by the commissioner which lifts, supports and cradles the animal and, with a minimum of excitement and discomfort, places it in such a position that a cutting stroke may be administered quickly and efficiently, and (4) restraint of the animal by any other means approved by the commissioner which causes the animal no unreasonable or unnecessary pain and which, with a minimum of excitement and discomfort, places the animal in such a position that a cutting stroke may be administered quickly and efficiently.
(c) Use of a manually-operated sledge, hammer or poleax to render an animal insensible to pain is prohibited.
(d) Any person who violates the provisions of this section shall be guilty of a class C misdemeanor. The commissioner, or any meat inspector acting under his direction, may seize any animal slaughtered in violation of the provisions of this section and the commissioner may, at his discretion, sell or otherwise dispose of the same. The proceeds from any such sale shall be paid to the State Treasurer to be credited to the General Fund.
(e) Nothing in this section shall be construed to prohibit, abridge or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this section, in order to protect freedom of religion and ritual slaughter, the handling and other preparation of livestock for ritual slaughter are humane and are not to be regulated by any terms of this section.
(1961, P.A. 365, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 12-80, S. 173.)
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; P.A. 12-80 amended Subsec. (d) to change penalty from a fine of not more than $500 or imprisonment of not more than 90 days or both to a class C misdemeanor.
Cited. 218 C. 757.
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Sec. 22-272b. Custom slaughter facilities. Regulations. Exceptions. (a) The Commissioner of Agriculture shall adopt regulations, in accordance with the provisions of chapter 54, regarding custom slaughter facilities in which livestock intended for food are slaughtered for, and returned to, the owner of such animal for personal consumption. Such regulations shall include (1) sanitation standards for custom slaughter facilities and other appurtenances used in the slaughter of animals, dressing and cleaning of carcasses, holding and handling of carcasses and holding of animals for custom slaughter, and (2) health requirements for animals for slaughter.
(b) The regulations adopted pursuant to subsection (a) of this section shall not apply to slaughter facilities licensed and inspected by the United States Department of Agriculture, pursuant to the federal Meat Inspection Act or the federal Poultry Products Inspection Act.
(P.A. 05-164, S. 1.)
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Secs. 22-273 to 22-276. Diseased or unstamped meat not to be sold or transported for human consumption; transportation of meat for human consumption. Commissioner may appoint assistants. Slaughter of equine animals; inspection of meat. Penalty. Sections 22-273 to 22-276, inclusive, are repealed.
(1949 Rev., S. 3337, 3340, 3341, 3343; 1949, S. 1799d–1803d; 1953, S. 1798d; 1957, P.A. 636, S. 1; 1959, P.A. 412, S. 24, 25, 27; 1969, P.A. 626, S. 20.)
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Sec. 22-277. Licensing and supervision of commission sales stables. Branding and identification of animals. Bond required. Recordkeeping. Fines. Sale of wild animals, captive cervidae, pets and companion animals. Prohibition. Regulations. (a) As used in this section, “livestock animal” means any camelid or hooved animal raised for domestic or commercial use. The Commissioner of Agriculture shall supervise commission sales stables where livestock animals are sold at public auctions. Any person, firm or corporation engaged in the business of selling livestock animals at such auctions or sales shall annually apply to said commissioner for a license upon a form to be prescribed by the commissioner. The fee for each such license shall be one hundred ninety dollars, payable to said commissioner. Each such license shall be issued for the period of one year from July first and may be revoked for cause. If, in the judgment of the commissioner, any provision of this section has been violated, the commissioner shall send notice by registered or certified mail to the licensee, who shall be given a hearing, and, if violation is proven, the license shall be revoked. If a license to deal in livestock, issued to any person, firm or corporation by another state, has been suspended or revoked by such state within five years next preceding the date of issuance or renewal of a license to such person, firm or corporation under the provisions of this section, such suspension or revocation shall constitute just cause for revocation under this section. All dairy animals to be sold at such auction shall be segregated from beef animals prior to such sales. The sale of dairy animals shall precede the sale of those assigned for slaughter. All bovines more than three hundred pounds in weight, except dairy and breeding animals, that are delivered to a sale shall be branded with the letter “S” in a conspicuous place or identified in a manner acceptable to the commissioner or the commissioner's designee by the operator of the sale or the operator's representative. All dairy and breeding animals from within the state arriving at a sale shall be from a herd that: (1) Is under state supervision for the control of brucellosis and tuberculosis and that has been tested for brucellosis and tuberculosis less than fourteen months before the sale, (2) has been tested for tuberculosis less than fourteen months before the sale and is regularly tested under the brucellosis ring test program of the Department of Agriculture, or (3) is certified to be brucellosis-free under the program established pursuant to section 22-299a. All dairy and breeding animals arriving at a sale from outside the state shall comply with section 22-304 and be accompanied by a health certificate issued by the livestock official of the state of their origin and by an import permit from the commissioner. All animals offered for dairy or breeding purposes shall be identified by an official ear tag, or by a breed registration number if accompanied by the corresponding breed registration certificate. Animals consigned for slaughter shall be sold only to owners or agents of slaughtering establishments and moved directly to such slaughtering establishments for immediate slaughter or slaughter that occurs not later than seventy-two hours after the time of sale. All stables and sales rings shall be kept clean and shall be suitably disinfected prior to each sale. The provisions of this section shall not apply to the sale of an individual herd at an auction conducted by the owner thereof. Any person, or any officer or agent of any corporation, who violates any provision of this section or who obstructs or attempts to obstruct the Commissioner of Agriculture or the commissioner's deputy or assistants in the performance of their duty, shall be guilty of a class D misdemeanor.
(b) Any person, firm or corporation licensed pursuant to subsection (a) of this section shall make, execute and thereafter maintain on file with the Commissioner of Agriculture a bond to the state, satisfactory to the commissioner, to secure the performance of obligations incurred in this state or in lieu thereof, and a bond filed with the United States Department of Agriculture in the amount as required herein, pursuant to the provisions of the Packers and Stockyards Act (7 USC 181 et seq.). The amount of each such bond shall be based on the amount of one average sale of such person, firm or corporation. One average sale shall be computed by dividing the total yearly gross receipts from the sale of all livestock during the preceding twelve months by the number of sales during such time, provided the number of sales used to compute one average sale shall not be greater than one hundred thirty. If the amount of one average sale is ten thousand dollars or less the amount of the bond shall be ten thousand dollars. If the amount of one average sale is more than ten thousand dollars but not more than twenty-six thousand dollars, the amount of the bond shall be not less than the next multiple of two thousand dollars above such amount. If the amount of one average sale is more than twenty-six thousand dollars but not more than thirty thousand dollars, the amount of such bond shall be thirty thousand dollars. If the amount of one average sale is more than thirty thousand dollars, the amount of the bond shall be not less than the next multiple of five thousand dollars above such amount.
(c) Any person, firm or corporation licensed pursuant to subsection (a) of this section shall maintain accurate records of the name and address of the seller and buyer of livestock, the name of the livestock dealer, broker or transporter and any other party involved in each transaction, the official identification for each animal, and the destination or other disposition for each animal entering the premises of the commission sales stables. Such records shall be maintained at the commission sales stable for a period of three years from the date of sale. Such records or copies of such records shall be made available to the commissioner, or the commissioner's designated representative for inspection not later than twenty-four hours after notice to the licensee of such request. Any person who: (1) Fails to provide the requested documentation to the commissioner, or the commissioner's designated representative; (2) obstructs the commissioner or the commissioner's designated representative in the performance of the department's duties pursuant to this section; or (3) intentionally provides false or misleading information to the commissioner or the commissioner's designated representative, shall be fined not more than one hundred dollars per day until the requested, accurate and complete information is provided to the commissioner or the commissioner's designated representative.
(d) The sale of wild animals, captive cervidae, pets and companion animals including pet birds and all Psittacine birds is prohibited. The sale of equines shall comply with chapter 438a including obtaining any required licenses. The sale of poultry shall comply with chapter 434 including obtaining any required licenses.
(e) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section. Such regulations may include, but are not limited to, requirements for access to on-site inspections by the commissioner or the commissioner's designated representative, specifications concerning the keeping and maintenance of required records and access to such records, animal identification standards, requirements concerning livestock and domestic poultry originating from out of state, animal segregation requirements, animal health, care and handling standards, sanitation standards, facility design and construction requirements, requirements for animals raised for food or fiber production other than livestock, and the establishment of penalties for any violation of the provisions of this section that do not otherwise have a prescribed penalty.
(1949 Rev., S. 3324, 3368; 1951, S. 1806d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 21; 872, S. 446, 448; P.A. 76-204, S. 1, 2; P.A. 80-114; P.A. 81-231, S. 5, 6; P.A. 84-55; May Sp. Sess. P.A. 92-6, S. 48, 117; P.A. 99-110, S. 4; P.A. 00-26, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1; P.A. 06-19, S. 8; June Sp. Sess. P.A. 09-3, S. 294; P.A. 12-80, S. 76; P.A. 17-133, S. 1.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 acts replaced commissioner of agriculture and natural resources with commissioner of agriculture and required that animals consigned for slaughter be sold solely to slaughtering establishments and moved directly to such establishments for immediate slaughter; P.A. 76-204 substituted “livestock” animals for “bovine” animals and defined the term and added Subsec. (b) re required scales and regulations re scales, recording of animals' weights, etc.; P.A. 80-114 added Subsecs. (c) and (d) re required bonds and regulations generally; P.A. 81-231 amended Subsec. (a) by making suspension or revocation within the previous five years by any state cause for revocation of a license under this section; P.A. 84-55 amended Subsec. (a) by adding provisions that bovines be branded, that dairy and breeding animals be from state supervised herds or have health certificate from state of origin and permit from commissioner, that they have identification and that female dairy and breeding animals be vaccinated against brucellosis; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to increase the license fee from $75 to $150 and the fine from not more than $100 to not more than $200; P.A. 99-110 deleted former Subsec. (b) which governed scales used in commission livestock sales and deleted former Subsec. (d) which required adoption of regulations to implement this section, relettering former Subsec. (c) accordingly; P.A. 00-26 made a technical change in Subsec. (b); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and 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; P.A. 06-19 amended Subsec. (a) to redefine “livestock animal” to include camelids and authorize bovines more than 300 pounds that are delivered to a sale to be identified in a manner acceptable to the commissioner or the commissioner's designee; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase fee from $150 to $190 and to make a technical change; P.A. 12-80 amended Subsec. (a) to replace penalty of a fine of not more than $200 or imprisonment of not more than 30 days or both with a class D misdemeanor and make a technical change; P.A. 17-133 amended Subsec. (a) by replacing reference to permit with reference to import permit re dairy and breeding animals arriving at sale from outside state, replaced “All animals offered for dairy or breeding purposes over six months of age shall be identified by an official ear tag, a tattoo or registration papers” with “All animals offered for dairy or breeding purposes shall be identified by an official ear tag, or by a breed registration number if accompanied by the corresponding breed registration certificate”, deleting provision re calfhood vaccination against brucellosis, and added “or slaughter that occurs not later than seventy-two hours after the time of sale” re animals consigned for slaughter to be moved to slaughtering establishments, added Subsec. (c) re maintaining records, added Subsec. (d) re sale of wild animals, captive cervidae, pets and companion animals, and added Subsec. (e) re adoption of regulations.
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Sec. 22-277a. Prompt payment for livestock required. (a) Any dealer or broker licensed pursuant to chapter 437 and any person, firm or corporation licensed pursuant to section 22-277 shall deliver to the seller or his duly authorized representative before the close of the next business day following the purchase of livestock and transfer of possession thereof, the full amount of the purchase price. Each such dealer, broker, person, firm or corporation purchasing livestock for slaughter shall deliver a check to the seller or his duly authorized representative before the close of the next business day following the purchase of livestock and transfer of possession thereof, at the point of transfer of possession or shall wire transfer funds to the seller's account for the full amount of the purchase price; or, in the case of a purchase on a carcass or “grade and yield” basis, the purchaser shall make payment by check at the point of transfer of possession or shall wire transfer funds to the seller's account for the full amount of the purchase price not later than the close of the first business day following determination of the purchase price. If the seller or his duly authorized representative is not present to receive payment at the point of transfer of possession, as herein provided, such dealer, broker, person, firm or corporation shall wire transfer funds or place a check in the United States mail for the full amount of the purchase price, properly addressed to the seller, within the time limits specified in this subsection, such action being deemed compliance with the requirement for prompt payment.
(b) Notwithstanding the provisions of subsection (a) of this section and subject to such terms and conditions as the commissioner may prescribe by regulations adopted in accordance with chapter 54, the parties to the purchase and sale of livestock may expressly agree in writing, before such purchase or sale, to effect payment in a manner other than that required in subsection (a) of this section. Any such agreement shall be disclosed in the records of any such dealer, broker, person, firm or corporation selling the livestock, and in the purchaser's records and on the accounts or other documents issued by the purchaser relating to the transaction.
(c) Each license issued to a dealer or broker pursuant to chapter 437 or to a person, firm or corporation pursuant to section 22-277, shall be shown, upon request, to any person with whom the licensee transacts or proposes to transact business. If, in the judgment of the commissioner, any provision of this section or any regulation adopted thereunder has been violated, the commissioner shall send a notice by registered or certified mail to the licensee, who shall be given a hearing, and, if a violation is proven, his license shall be revoked or suspended.
(P.A. 80-84; P.A. 10-32, S. 81.)
History: P.A. 10-32 made a technical change in Subsec. (b), effective May 10, 2010.
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