Bill Text: CT HB05317 | 2016 | General Assembly | Introduced
Bill Title: An Act Concerning Commercial Feed And The Term And Fee For Certain Licenses Issued By The Department Of Agriculture.
Spectrum: Committee Bill
Status: (Passed) 2016-06-02 - Signed by the Governor [HB05317 Detail]
Download: Connecticut-2016-HB05317-Introduced.html
General Assembly |
Raised Bill No. 5317 | ||
February Session, 2016 |
LCO No. 1432 | ||
*01432_______ENV* | |||
Referred to Committee on ENVIRONMENT |
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Introduced by: |
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(ENV) |
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AN ACT CONCERNING COMMERCIAL FEED.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subdivision (16) of section 22-118k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(16) "Official sample" means a sample of feed taken by the Commissioner of Agriculture, or [his designee] the commissioner's designated agent, in accordance with the provisions of section 22-118r, as amended by this act;
Sec. 2. Section 22-118l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) [No person shall manufacture a commercial feed in this state unless he has filed with the Commissioner of Agriculture on forms provided by the commissioner, his name, place of business and location of each manufacturing facility in this state.] 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, as amended by this act, except that the commissioner or the commissioner's designated agent may investigate any allegation of adulteration, misbranding, illness or injury at such a facility 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 refuse registration of any commercial feed not in compliance with the provisions of sections 22-118k to 22-118u, inclusive, and cancel any registration subsequently found not to be in compliance with any provision of said sections provided no registration shall be refused or canceled unless the registrant is given an opportunity to be heard before the commissioner and to amend his application in order to comply with the requirements of sections 22-118k to 22-118u, inclusive.] 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.
Sec. 3. Section 22-118r of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Any employee duly designated by the Commissioner of Agriculture or the commissioner's designated agent, upon presenting appropriate credentials, [and a written notice to the owner, operator or agent in charge,] may (1) enter, during normal business hours, any factory, warehouse or establishment within this state in which commercial feeds are manufactured, processed, packed or held for distribution, or to enter any vehicle being used to transport or hold such feeds, [and] (2) inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling for compliance with the provisions of this chapter, and (3) obtain samples of commercial feeds for laboratory analysis. [The inspection may include the verification of only such records and production and control procedures as may be necessary to determine compliance with the regulations established under section 22-118o.]
(b) [A separate notice shall be given for each such inspection but a notice shall not be required for each entry made during the period covered by the inspection. Each such] Any inspection conducted pursuant to this chapter shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.
(c) [If the officer or employee making such inspection of a factory, warehouse or other establishment] Whenever the commissioner or the commissioner's designated agent has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, [he] the commissioner or the commissioner's designated agent shall give to the owner, operator or agent in charge a receipt describing the samples obtained.
(d) If the owner of any factory, warehouse or establishment described in subsection (a) of this section, or [his] such owner's agent, refuses to admit the commissioner or [his designee] the commissioner's designated agent to inspect in accordance with subsections (a) and (b) of this section, the commissioner [may] shall apply to the Superior Court for a warrant directing such owner or [his] such owner's agent to submit the premises described in such warrant.
[(e) The commissioner or his designee may enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of commercial feeds.]
[(f)] (e) Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists International, or in accordance with other generally recognized methods approved by the United States Food and Drug Administration or the commissioner. The report issued by any accredited laboratory acceptable to the commissioner or the commissioner's designated agent shall be prima facie evidence of the components and constituents of any sample collected and submitted by the commissioner or the commissioner's designated agent. When requested by a registrant, the commissioner or the commissioner's designated agent shall prepare and leave a duplicate sample with the registrant at the location a sample is taken.
[(g) The results of all analyses of official samples shall be forwarded by the director to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within thirty days following the receipt of the analysis the director shall furnish to the registrant a portion of the sample concerned.]
[(h)] (f) The commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample, as defined in section 22-118k, as amended by this act, and obtained and analyzed as provided in this section.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2016 |
22-118k(16) |
Sec. 2 |
October 1, 2016 |
22-118l |
Sec. 3 |
October 1, 2016 |
22-118r |
Statement of Purpose:
To make commercial feed requirements and attendant authorities of the Department of Agriculture consistent with federal standards and requirements.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]