2016 Connecticut General Statutes
Title 22 - Agriculture. Domestic Animals
Chapter 428a - Commercial and Customer-Formula Feeds
Section 22-118l - Registration of commercial feed manufacturers and sellers. Suspension, revocation, cancellation or refusal of registration. Fines. Appeals.
(a) Any person who manufactures commercial feed in this state and who offers such commercial feed for sale shall register with the Commissioner of Agriculture on forms and in a manner prescribed by the commissioner. Commercial feed manufacturing facilities with gross sales of less than twenty-five thousand dollars per year from the sale of commercial feed shall be exempt from the provisions of this section and section 22-118r, except that the commissioner or the commissioner's designated agent may investigate any allegation of adulteration, misbranding, illness or injury relating to such commercial feed upon receipt of a written complaint provided the complainant is identified in such complaint. Each commercial feed manufacturing facility registration shall expire on the thirty-first day of December of each year and may be renewed during the month of December. Until such time as regulations are adopted pursuant to section 22-118q to change the annual fee for such registration, the annual fee charged for registration of a commercial feed manufacturing facility employing less than five full-time staff shall be fifty dollars and for any such facility employing five or more full-time staff such annual registration fee shall be one hundred dollars.
(b) No person shall distribute in this state a commercial feed, except a customer-formula feed, which has not been registered pursuant to the provisions of this section. The application for registration shall be submitted in the manner prescribed by the commissioner. Upon approval by the commissioner the registration shall be issued to the applicant. All registrations shall expire on the thirty-first day of December of each year. A distributor shall not be required to register any commercial feed which is already registered under this chapter by another person.
(c) The commissioner may suspend, revoke, cancel or refuse the registration of any commercial feed or commercial feed manufacturing facility that is not in compliance with the provisions of this chapter provided no commercial feed registration shall be refused or canceled unless the registrant is given an opportunity to amend the commercial feed registration application in order to comply with the requirements of this chapter. Any applicant or registrant aggrieved by an order to suspend or revoke a commercial feed or commercial feed manufacturing facility registration or a refusal to register such a feed or facility or cancel the registration of such a feed or facility, and any person aggrieved by the imposition of an administrative fine issued pursuant to subdivision (3) of subsection (d) of this section may appeal to the commissioner, in writing, provided such appeal is received by the commissioner not later than ten days after the date of the order, refusal, notice of cancellation or notice of intent to issue an administrative fine. The appeal and hearing shall be held pursuant to chapter 54 and the administrative code of the department, not later than ninety days after the date of the appeal. Any such appeal shall be limited to consideration of whether the alleged violation or violations that resulted in the applicable order or notice existed. Any applicant or registrant aggrieved by a final decision of the commissioner or the hearing officer may appeal to the Superior Court in accordance with the provisions of section 4-183. Nothing in this subsection shall be construed to limit the authority of the commissioner or the commissioner's designated agent to issue any order deemed necessary to protect the safety, health and welfare of humans or animals.
(d) (1) After notification of the requirement to register a commercial feed manufacturing facility, any person who fails to register a commercial feed manufacturing facility pursuant to subsection (a) of this section shall, for a first violation, be deemed to have committed an infraction, and, for any subsequent offense, be fined five hundred dollars; (2) after notification of the requirement to register a commercial feed, any person who fails to register a commercial feed, as required pursuant to subsection (b) of this section shall be assessed an administrative fine of one hundred dollars. Each commercial feed found in violation shall be considered a separate offense; and (3) for all other violations for which a penalty has not been established, after notification of any violation of the provisions of this chapter or any regulation adopted pursuant to this chapter and an opportunity to correct the violation, any person who violates any provision of this chapter or any such regulation may be assessed an administrative fine of two hundred fifty dollars per violation for a first offense and five hundred dollars per violation for any subsequent offense that occurs within one year of the first offense.
(P.A. 98-69, S. 2, 14; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 16-102, S. 2.)
History: P.A. 98-69 effective July 1, 1998; 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 (Revisor's note: In 2009, a reference to repealed Sec. 22-118v in Subsec. (c) was changed editorially by the Revisors to “22-118u” for accuracy); P.A. 16-102 amended Subsec. (a) to replace former provisions re person who manufactures commercial feed with provisions re person who manufactures and sells commercial feed to register with commissioner, exemption, registration expiration and annual fee for registration, amended Subsec. (c) to replace former provisions re commissioner's authority to refuse registration of commercial feed with provisions re commissioner's authority to suspend, revoke, cancel or refuse registration of commercial feed or commercial feed manufacturing facility and add provisions re aggrieved applicant or registrant, appeal and hearing, appeal of final decision and commissioner's authority to issue order, and added Subsec. (d) re violations and fines.
