Sec. 22-203a. Testing of milk and milk products for drug residues or other inhibitory substances. Maintenance of records.
Sec. 22-203a. Testing of milk and milk products for drug residues or other
inhibitory substances. Maintenance of records. (a) Any person, firm or corporation
engaged in receiving, handling, processing or packaging milk or milk products shall
test each tank truck load of milk or milk products for the presence of drug residues or
other inhibitory substances upon receipt of such milk or milk product at the receiving
plant prior to processing. In the case of interplant shipments of bulk milk or milk products, each bulk tank load, or portion thereof, shall be tested prior to processing for the
presence of drug residues or other inhibitory substances. The Commissioner of Agriculture may require a milk producer holding a permit issued under section 22-172 or a
retail raw milk producer holding a permit issued under section 22-173a who violates
section 22-129 to test milk produced by him for the presence of drug residues or inhibitory substances prior to shipment. For purposes of this section and sections 22-203b to
22-203d, inclusive, "drug" means (1) articles recognized in the Official United States
Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official
National Formulary, or any supplement to any of them; (2) articles intended for use in
the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; (3) articles, other than food, intended to affect the structure or any function of the
body of man or other animals; or (4) articles intended for use as a component of any
articles specified in subdivision (1), (2) or (3), but does not include devices or their
components, parts or accessories.
(b) Any test administered pursuant to this section shall be approved by the Commissioner of Agriculture and shall be capable of determining compliance with standards
for drug residue tolerance levels recommended by the United States Food and Drug
Administration. Any test approved by the commissioner shall be rapid and economically
feasible and shall be performed at a facility or location and in a manner acceptable
to the commissioner. The results of any test required shall be recorded by the person
administering such test and kept on file at the location where the test was conducted or
at the processing plant for not less than two years.
(c) Each retail raw milk producer and intrastate dealer with ten or fewer milking
age animals shall maintain records, which shall be available for inspection by the commissioner, or the commissioner's designee, for each individual animal treated with a
drug. Such records shall include the name of the drug or drugs, withdrawal time required
for each drug, treatment dates, and, after completion of such treatment, the date such
animal's milk is offered for sale. Retail raw milk producers and intrastate dealers with
more than ten milking age animals shall comply with this section.
(P.A. 85-345, S. 1, 5; P.A. 92-255, S. 1, 8; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 05-175, S.
13; P.A. 06-19, S. 5.)
History: P.A. 92-255 amended Subsec. (a) to replace references to "antibiotic residues" with "drug residues", to define
"drug" and to make additional provisions for testing of milk and amended Subsec. (b) to make further specification re
testing requirements and to extend the time required for retaining records re testing from 60 days to one year; 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. 05-175 required testing for those
engaged in receiving, handling, processing or packaging milk or milk products, deleted provision re persons, firms and
corporations holding a permit issued under Sec. 22-173 and added provision re retail raw milk producer holding permit
issued under Sec. 22-173a in Subsec. (a), deleted "a screening test or other test" and former provision re undue delay of
pick up, transportation or unloading of milk, required test to be performed at facility or location and in manner acceptable
to commissioner and required test results to be kept on file where test was conducted for not less than two years in Subsec.
(b) and added record keeping provision as new Subsec. (c); P.A. 06-19 amended Subsec. (c) to add "intrastate dealer with
ten or fewer milking age animals" and require retail raw milk producers and intrastate dealers with more than ten such
animals to comply with section, effective May 2, 2006.