Sec. 22-129a. Seizure and embargo.
Sec. 22-129a. Seizure and embargo. (a) The Commissioner of Agriculture or the
commissioner's duly authorized agent may seize, destroy, dispose of or embargo any
milk, milk product or cheese that does not comply with the provisions of this chapter,
chapter 431 or regulations adopted hereunder or pursuant to chapter 431 and is deemed
to be unfit or unsafe for use as a food or is a threat to public health.
(b) Whenever the commissioner finds or has probable cause to believe that any
milk, milk product or cheese is adulterated, misbranded or deleterious to health, the
commissioner or the commissioner's duly authorized agent may affix to such milk, milk
product or cheese a tag or other appropriate marking, giving warning that such milk,
milk product or cheese is or is suspected of being adulterated or misbranded. No person
shall remove or dispose of such milk, milk product or cheese by sale or otherwise without
the express permission of the commissioner or the commissioner's duly authorized
agent. Not later than twenty-four hours after such tagging or marking, the commissioner
or the commissioner's duly authorized agent shall notify the owner or custodian of
such milk, milk product or cheese of the commissioner's or the commissioner's agent's
findings, or of any violations or proposed disposition and of the right to a hearing. Any
person aggrieved by an order of the commissioner may request a hearing before the
commissioner not more than five days after the issuance of such order. The hearing shall
be conducted not later than twenty days after the tagging or marking of any milk product
or cheese and not later than ten days after the tagging or marking of any perishable
fluid milk.
(c) Following such hearing the commissioner shall make a determination as to
whether such milk, milk product or cheese complies with the provisions of this chapter,
chapter 431 and any regulations adopted pursuant to this chapter or chapter 431 and is
safe for use as a food. If the commissioner determines the milk, milk product or cheese
is unsafe or unfit for use as food, the commissioner may order the owner or custodian
to destroy or dispose of such milk, milk product or cheese. The commissioner or the
commissioner's duly authorized agent shall supervise the destruction or other disposition of such milk, milk product or cheese. If the commissioner finds the milk, milk
product or cheese is safe for use as food and is not detrimental to public health, or can
be properly packaged, marked or otherwise brought into compliance with the provisions
of this chapter, chapter 431, or any regulations adopted pursuant to this chapter or chapter
431, the commissioner may order such milk, milk product or cheese to be so packaged,
marked or otherwise brought into compliance and may thereafter authorize the release
of such milk, milk product or cheese. The owner or custodian of such milk, milk product
or cheese shall pay the costs of storage, handling and other incidental expenses.
(d) A certificate of analysis from a laboratory of the Department of Public Health,
the Agricultural Experiment Station, the United States Food and Drug Administration,
the United States Department of Agriculture or The University of Connecticut Veterinary Medical Diagnostic Laboratory or other certified laboratory acceptable to the commissioner shall be considered prima facie evidence of the ingredients and constituents
of a sample of milk, milk product or cheese.
(e) Any person aggrieved by the determination of the commissioner may appeal
therefrom in accordance with the provisions of section 4-183.
(f) The commissioner shall not be liable for any damages caused by the seizure,
embargo, destruction, tagging or marking of any milk, milk products or cheese pursuant
to this section unless a court finds there was no probable cause for such tagging or
marking.
(P.A. 85-281, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 06-41, S. 2.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture 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. 06-41 added
"commissioner's duly authorized agent", replaced "quarantine" with "embargo", added "cheese" and made technical
changes throughout section, replaced former notice and hearing requirements with new tagging, notice and hearing requirements and deadlines in Subsec. (b), added provisions re destruction, disposal or release of milk, milk product or cheese in
Subsec. (c), added new Subsec. (d) re certificate of analysis as prima facie evidence re ingredients, redesignated existing
Subsecs. (d) and (e) as Subsecs. (e) and (f), respectively, and amended said Subsec. (f) to extend commissioner's liability
exclusion re seizure, embargo and destruction of milk, milk products or cheese.