2005 Connecticut Code - Sec. 22-150. Registration of milk and butterfat laboratories. Fees. Approval of laboratories. Civil penalty. Revocation of registration.

      Sec. 22-150. Registration of milk and butterfat laboratories. Fees. Approval of laboratories. Civil penalty. Revocation of registration. (a) No person, firm or corporation shall operate or maintain a laboratory in which any determination, examination or analysis is made of any samples of milk, cream, frozen desserts, milk product or milk beverage, or of any container or package used or intended to be used for holding any such product, unless such laboratory has been registered with the Department of Public Health. Such registration shall include the furnishing of the name of such laboratory, the location of such laboratory, the name of the person or persons owning or operating such laboratory and such additional information as said department requires regarding the tests made and the equipment and the personnel of such laboratory.

      (b) No person, firm or corporation shall operate or maintain a laboratory in which any determination involving the weighing, sampling or testing of milk for butterfat content is performed unless such laboratory has been registered with the Department of Agriculture.

      (c) On and after July 1, 1992, the commissioner shall charge a fee in an amount established pursuant to section 22-128a for such registration.

      (d) Laboratory testing of any of such products shall be deemed the operating or maintaining of a laboratory.

      (e) Before any laboratory results or findings on any of such products or any interpretation of the results or findings may be reported for use by any person, firm or corporation other than the one maintaining such laboratory, the person, firm or corporation operating or maintaining the laboratory shall apply to said department for approval of such laboratory and shall hold an unexpired certificate of such approval listing the test or tests which have been authorized to be made in the laboratory. Such approval shall be in conformity with requirements and standards promulgated by said department and shall be based upon the ability and qualifications, as determined by investigation or examination, of the person in charge of the laboratory and upon adequate and suitable housing, equipment and apparatus. Unless with the approval or at the direction of said department, no person, firm or corporation owning, operating or maintaining a laboratory shall knowingly permit the use of its results or findings or of any interpretation thereof for dissemination in the public press or as advertising if, in so doing, the producer, dealer or manufacturer of the product sampled is named or otherwise identified except when express permission of such producer, dealer or manufacturer has been granted.

      (f) Any person, firm or corporation which violates any provision of this section shall be assessed a civil penalty in accordance with the provisions of section 22-7. The commissioner may revoke any registration required by subsection (a) of this section for any violation of this section.

      (1949 Rev., S. 3192; 1951, S. 1737d; P.A. 77-614, S. 323, 610; P.A. 91-312, S. 15, 48; P.A. 93-381, S. 9, 39; May 25 Sp. Sess. P.A. 94-1, S. 82, 130; P.A. 95-257, S. 12, 21, 58; P.A. 97-234, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1.)

      History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 91-312 divided section into Subsecs., amended Subsec. (a) to make technical changes, added Subsec. (b) prohibiting the operation of a butterfat laboratory unless it has been registered with the department of agriculture, added Subsec. (c) requiring the commissioner to charge a registration fee of twenty-five dollars between July 1, 1991, and July 1, 1992, and in an amount established pursuant to Sec. 22-128a on and after July 1, 1992, amended Subsec. (e) to delete provision excluding laboratories established for the purpose of providing data for state or federal officials for the enforcement of dairy and pure food laws and excluding persons engaged in weighing, sampling or testing of milk or cream which is to be bought or sold on the basis of the butterfat content under the provisions of Secs. 2-136 to 22-149, inclusive, and amended Subsec. (f) to replace the penalty of a fine of not more than one hundred dollars with provision for the assessment of a civil penalty and to authorize the commissioner to revoke a registration required by Subsec. (a) for any violation of this section; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; May 25 Sp. Sess. P.A. 94-1 made a technical change in Subsec. (f) for accuracy, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-234 amended Subsec. (c) to delete an obsolete provision; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with 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.