2005 Connecticut Code - Sec. 22-129a. Seizure and quarantine.

      Sec. 22-129a. Seizure and quarantine. (a) The Commissioner of Agriculture may seize, destroy, dispose of or quarantine any milk or milk product that does not comply with the provisions of this chapter or regulations adopted hereunder 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 or milk product is adulterated, misbranded or deleterious to health, he may affix to such milk or milk product a tag or other appropriate marking, giving warning that such milk or milk product is or is suspected of being adulterated or misbranded. No person shall remove or dispose of such milk or milk product by sale or otherwise without the express permission of the commissioner or his duly authorized agent. Before destruction or other disposition of perishable fluid milk or milk products, the commissioner shall conduct a hearing for the owner or custodian of such milk or milk product to show cause why such milk or milk product should not be destroyed or disposed of in a manner authorized by the commissioner. Notice of the hearing shall be in writing and shall be served upon the owner or custodian not less than forty-eight hours before such hearing. The hearing shall be conducted not more than ten days after the tagging or marking of any milk product and not more than three 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 or milk product is unsafe for use as a food or is detrimental to public health and may order the owner or custodian to destroy or dispose of such milk or milk product. The commissioner shall supervise the destruction or other disposition of such milk or milk product. The owner or custodian of such milk or milk product shall pay the costs of storage, handling and other incidental expenses.

      (d) Any person aggrieved by the determination of the commissioner may appeal therefrom in accordance with the provisions of section 4-183.

      (e) The commissioner shall not be liable for any damages caused by the tagging or marking of any milk or milk products 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.)

      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.