§ 106-268. Definitions; enforcement of Article.
§ 106‑268. Definitions; enforcement of Article.
(a) The definitions set forth in this section shall apply tomilk, dairy products, ice cream, frozen desserts, frozen confections or anyother products which purport to be milk, dairy products or frozen desserts forwhich a definition and standard of identity has been established and when anyof such products heretofore enumerated shall be sold, offered for sale or heldwith intent to sell by a milk producer, manufacturer or distributor, andinsofar as practicable and applicable, the definitions contained in Article 12of Chapter 106 of the General Statutes, as amended, shall be effective as tothe products enumerated in this Article and section.
(b) The term "adulteration" means:
(1) Failure to meet definitions and standards as established bythe Board of Agriculture.
(2) If any valuable constituent has been in whole or in partomitted or abstracted therefrom.
(3) If any substance has been substituted wholly or in partthereof.
(4) If it is adjudged to be unfit for human consumption.
(c) The term "misbranded" means:
(1) If its labeling is false or misleading in any particular.
(2) If it is offered for sale under the name of another dairyproduct or frozen dessert.
(3) If it is sold in package form unless it bears a prominentlabel containing the name of the defined product, name and address of theproducer, processor or distributor and carries an accurate statement of thequantity of contents in terms of weight or measure.
(d) The Department of Agriculture and Consumer Services, throughits agents or inspectors, shall have free access during business hours to allplaces of business, buildings, vehicles, cars, storage places, containers andvessels used in the production, testing, processing and distribution of milk,cream, butter, cheese, ice cream, frozen dessert or any dairy product for whichstandards of purity and of identity have been established, as well as anysubstance which purports to be milk, dairy products, frozen dessert orconfection for which a definition and standard of purity has been established;the Department acting through its duly authorized agents and inspectors, mayopen any box, carton, parcel, package or container holding or containing, orsupposed to hold or contain any of the above‑enumerated dairy products,as well as related products, and may take therefrom samples for analysis, testor inspection. If it appears that any of the provisions of this Article or ofthis section have been violated, or whenever a duly authorized agent of the Departmenthas cause to believe that any milk, cream, butter, cheese, ice cream, frozendessert or any dairy product for which standards of purity and of identity havebeen established or any substance which purports to be milk, a dairy product ora frozen dessert for which a definition and standard of identity has beenestablished, is adulterated or misbranded or by reason of contamination withmicroorganisms has become deleterious to health during production, processingor distribution, and such products, or any of them, are in a stage ofproduction, or are being exposed for sale, or are being held for processing ordistribution or such products are being held with intent to sell the same, suchagent or inspector is hereby authorized to issue a "stop‑sale" orderwhich shall prohibit further sale of any of the products above enumerated orwhich shall prohibit further processing, production or distribution of any ofthe products above enumerated. The agent or inspector shall affix to suchproduct a tag or other appropriate marking giving notice that such product is,or is suspected of, being adulterated, misbranded or contaminated and that thesame has been detained or embargoed, and warning all persons not to remove ordispose of such product, by sale or otherwise, until permission for removal ordisposal is given by such agent or inspector, until the law or regulation hasbeen complied with or said violation has otherwise been legally disposed of. Itshall be unlawful for any person to remove or dispose of any embargoed product,by sale or otherwise, without such permission: Provided, that if suchadulteration or misbranding can be corrected by proper labeling or processingof the products so that the products meet the definitions and standards ofpurity and identity, then with the approval of such agent or inspector, saleand removal may be made. Any milk, dairy products or any of the productsenumerated in this Article or section not in compliance with this Article orsection shall be subject to seizure upon complaint of the Commissioner ofAgriculture, or any of the agents or inspectors of the Department ofAgriculture and Consumer Services, to a court of competent jurisdiction in thearea in which said products are located. In the event the court finds said products,or any of them, to be in violation of this Article or of this section, thecourt may order the condemnation of said products, and the same shall bedisposed of in any manner consistent with the rules and regulations of theBoard of Agriculture and the laws of the State and in such a manner as tominimize any loss or damage as far as possible: Provided, that in no instanceshall the disposition of said products be ordered by the court without firstgiving the claimant or owner of same an opportunity to apply to the court forthe release of said products or for permission to again process or relabel thesame so as to bring the product in compliance with this Article or section. Inthe event any "stop‑sale" order shall be issued under theprovisions of this Article or section, the agents, inspectors orrepresentatives of the Department of Agriculture and Consumer Services shallrelease the products, or any of them, so withdrawn from sale when therequirements of the provisions of this Article and section have been compliedwith and upon payment of all costs and expenses incurred in connection with thewithdrawal. (1951, c. 1121, s.1; 1997‑456, s. 27; 1997‑261, s. 46.)