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2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-51. (Formerly Sec. 19-197). - Application for license by manufacturer of frozen desserts and mixes.

(a) Each manufacturer of frozen desserts and frozen dessert mix for sale in this state shall file with the Commissioner of Consumer Protection an application for a license, upon a form prescribed by the commissioner. The application shall show the location of each plant at which frozen desserts and frozen dessert mix are to be manufactured and the name of the brand or brands, if any, under which the same are to be sold. The license period shall be for twelve months.
(b) On and after July 15, 2021, the commissioner shall include the link to the Internet web site published by the Commissioner of Motor Vehicles pursuant to section 14-283h on (1) the application for a license for a retail manufacturer to vend from a frozen dessert truck, as defined in section 14-283c, and (2) the Internet web site of the Department of Consumer Protection.
(1949 Rev., S. 3913; 1959, P.A. 375, S. 1; 412, S. 38, 42; P.A. 94-36, S. 1, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 21-20, S. 7.)
History: 1959 acts replaced commissioner of food and drugs with commissioner of consumer protection and deleted provision that license fee be based on number of gallons manufactured during the previous calendar year; Sec. 19-197 transferred to Sec. 21a-51 in 1983; P.A. 94-36 eliminated reference to specific license renewal date, effective January 1, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp.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; P.A. 21-20 designated existing provisions as Subsec. (a) and amended same to add “in this state” and added Subsec. (b) re inclusion of link to web site published by Commissioner of Motor Vehicles, effective July 1, 2021.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-52. (Formerly Sec. 19-198). - License fees.

The license fee for a retail manufacturer of frozen desserts shall be fifty dollars for each plant. The license fee for a wholesale manufacturer to manufacture frozen desserts or frozen dessert mix within Connecticut or to sell within Connecticut, as the case may be, shall be one hundred dollars for the first twenty-five thousand gallons or fraction thereof and an additional one dollar and fifty cents per thousand gallons or fraction thereof above twenty-five thousand gallons manufactured or sold in Connecticut during the previous calendar year, provided such fee shall not exceed two thousand seven hundred fifty dollars. In any case where dessert mix is manufactured by a particular manufacturer and such mix is subsequently converted by the same manufacturer into frozen dessert, either in the same plant or in another owned by such manufacturer, the license fee payable by such manufacturer on account of all of the processes wherein such mix is concerned shall be computed on the basis of the total number of gallons of finished frozen desserts so manufactured using such mix, and no license fee shall be due or payable on any such frozen mix so manufactured and used. The fee shall be tendered to the Commissioner of Consumer Protection with the application and, upon the issuance of the license, shall be remitted by the commissioner to the State Treasurer.
(1949 Rev., S. 3914; 1959, P.A. 375, S. 2; 412, S. 38, 42; 1969, P.A. 96; P.A. 76-205, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 281.)
History: 1959 acts replaced commissioner of food and drugs with commissioner of consumer protection, changed fee for retail manufacturer from $1 for each 1,000 gallons or less to $15 for each plant and raised fee for wholesale manufacturer from $0.25 for first 25,000 gallons or fraction thereof and an additional $0.65 for each 1,000 gallons or fraction thereof above 25,000 gallons, adding provision gallonage be for previous calendar year; 1969 act added provision setting maximum fee at $2,500; P.A. 76-205 raised per plant license fee from $15 to $25; Sec. 19-198 transferred to Sec. 21a-52 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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; June Sp. Sess. P.A. 09-3 increased fees.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-53. (Formerly Sec. 19-199). - Issuance of license.

The Commissioner of Consumer Protection, if satisfied that the plant or plants named in the application are maintained in accordance with the standards of sanitation, and that only pure and wholesome ingredients produced under sanitary conditions are used as prescribed in the regulations promulgated under the authority of section 21a-58, shall issue a license for the manufacture of frozen desserts and frozen dessert mix. No license shall be issued if any statement in the application is false or misleading, or if the brand name or label or advertisement of the frozen dessert and frozen dessert mix involved in the application gives a false indication of origin, character, composition or place of manufacture, or is otherwise false or misleading in any particular.
(1949 Rev., S. 3915; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-199 transferred to Sec. 21a-53 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-54. (Formerly Sec. 19-200). - Revocation or suspension of license.

Any license may be revoked by the Commissioner of Consumer Protection after notice to the licensee by mail or otherwise and opportunity to be heard if it appears that any statement upon which it was issued was false or misleading or that any frozen dessert and frozen dessert mix manufactured by the licensee is adulterated or misbranded, or was manufactured in a plant not maintained in accordance with the standards of sanitation prescribed in the regulations promulgated under the authority of section 21a-58, or that the brand name or any label or advertising of any frozen dessert and frozen dessert mix manufactured by the licensee gives a false indication of origin, character, composition or place of manufacture, or is otherwise false or misleading in any particular. A license may also, after such notice and hearing, be suspended for any of the foregoing reasons until the licensee complies with the conditions prescribed by the Commissioner of Consumer Protection for its reinstatement.
(1949 Rev., S. 3916; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-200 transferred to Sec. 21a-54 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-55. (Formerly Sec. 19-201). - Appeal.

The action of the Commissioner of Consumer Protection in refusing to grant a license or in revoking or suspending a license shall be subject to appeal in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain.
(1949 Rev., S. 3917; 1959, P.A. 412, S. 38, 42; P.A. 77-603, S. 50, 125; P.A. 78-280, S. 6, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 99-215, S. 24, 29; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; P.A. 77-603 replaced appeal provision with statement that appeals be made in accordance with Sec. 4-183 but retained venue in Hartford county; P.A. 78-280 replaced Hartford county with judicial district of Hartford-New Britain; Sec. 19-201 transferred to Sec. 21a-55 in 1983; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced “judicial district of Hartford” with “judicial district of New Britain”, effective June 29, 1999; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-56. (Formerly Sec. 19-202). - Prohibition as to sale.

No person shall sell, advertise or offer or expose for sale any frozen dessert or frozen dessert mix unless the manufacturer thereof is a licensee under the provisions of section 21a-53. No person shall sell, offer for sale or advertise for sale any frozen dessert or frozen dessert mix if the brand name of the frozen dessert or frozen dessert mix or the label upon it or the advertising accompanying it gives a false indication of the origin, character, composition or place of manufacture, or is otherwise false or misleading in any particular.
(1949 Rev., S. 3918; 1949, S. 2083d; 1961, P.A. 154, S. 5; 1967, P.A. 876, S. 2; P.A. 76-240, S. 2.)
History: 1961 act updated statute to refer to Sec. 19-204a instead of 19-204 and substituted “special dietary frozen desserts” for “special dietary ice cream”; 1967 act removed exception of “special dietary frozen desserts”; P.A. 76-240 deleted provision prohibiting sale, advertisements or offer for sale of any imitation ice cream; Sec. 19-202 transferred to Sec. 21a-56 in 1983.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-57. (Formerly Sec. 19-203). - False labeling of product and illegal use of equipment.

(1) No person shall sell or offer or expose for sale frozen desserts or frozen dessert mix which is falsely labeled as to the name of the manufacturer or place of manufacture, or in any other respect.
(2) No person shall misrepresent in any manner the name of the manufacturer or the place of manufacture of frozen desserts or frozen dessert mix.
(3) No person shall use or cause or permit to be used, for the purpose of preserving or holding frozen desserts, any cabinet, can, container or other equipment owned by any other person without the written consent of such owner, and all such equipment shall be labeled with the wholesale manufacturer's name and address.
(4) No person shall place any frozen dessert of one manufacturer in the cabinet, can, container or other equipment belonging to another manufacturer.
(5) No person other than the owner shall remove, erase, obliterate, cover or conceal the owner's name or any distinguishing mark or device on any cabinet, can, container or other equipment. Each wholesaler shall declare on invoices the brand name of all ice cream, frozen desserts or frozen dessert mix delivered by him to retailers, and each retailer shall retain such invoice for inspection by the Commissioner of Consumer Protection for a period of thirty days. Each package or container of ice cream or frozen dessert shall comply with all labeling requirements for food specified by the federal Food, Drug and Cosmetic Act, 21 USC 301, et seq., as amended by the federal Nutrition Labeling and Education Act, 21 USC 343, et seq., as from time to time amended.
(1949 Rev., S. 3920; 1949, S. 2085d; 1959, P.A. 311; 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 10-9, S. 1.)
History: 1959 acts deleted provision that package could bear only manufacturer's Connecticut license number, adding requirement for also including name and address of packer, distributor or manufacturer and replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-203 transferred to Sec. 21a-57 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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; P.A. 10-9 amended Subsec. (5) by replacing provision re name, address and license number of manufacturer, packer or distributor with provision requiring compliance with federal food labeling requirements, effective May 5, 2010.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-58. (Formerly Sec. 19-204a). - Regulations.

The Commissioner of Consumer Protection shall, from time to time, after inquiry and public hearing, adopt regulations to supplement and give full effect to the provisions of sections 21a-48 to 21a-57, inclusive. Such regulations, among other things, shall establish sanitary regulations pertaining to the manufacture, sale and distribution of frozen desserts and frozen dessert mixes, including the sanitary conditions of buildings, grounds, equipment and containers where such products are manufactured, sold or stored. To promote honesty and fair dealing in the interest of the consumer, the commissioner shall adopt regulations fixing and establishing definitions and standards of identity and quality and reasonable standards of fill of containers for frozen desserts and frozen dessert mixes. Any wholesale or retail manufacturer desiring a temporary permit to deviate from an existing frozen dessert standard may file with the Commissioner of Consumer Protection a written application containing such information as the commissioner may by regulation require. Such permit shall be in effect not more than one year. Said commissioner may adopt regulations concerning the manufacture and sale of frozen desserts containing an artificial sweetening agent or other agents for special dietary purposes, the labeling and size of containers to be used and provisions requiring special permits for the manufacture of said products. In prescribing a definition of standards of identity for frozen desserts and frozen dessert mixes in which optional ingredients are permitted the commissioner shall, for the purpose of promoting honesty and fair dealing in the interest of the consumer, designate the optional ingredients which shall be named on the label. The definition and standards so promulgated shall conform so far as practical to the definitions and standards promulgated by the Commissioner of the Food and Drug Administration, U.S. Department of Health and Human Services.
(1961, P.A. 154, S. 4; P.A. 76-240, S. 3; P.A. 82-472, S. 64, 183; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 76-240 made minor language change re regulation power and added provision re temporary permit to deviate from existing frozen dessert standard; P.A. 82-472 made technical changes and replaced obsolete reference to Commissioner of the Food and Drug Administration, U.S. Department of Health, Education and Welfare with reference to Commissioner of the Food and Drug Administration, U.S. Department of Health and Human Services; Sec. 19-204a transferred to Sec. 21a-58 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-59. (Formerly Sec. 19-205). - Penalty.

Any person who violates any provision of sections 21a-49 to 21a-57, inclusive, or of the regulations and standards promulgated under the provisions of section 21a-58 shall be fined not more than five hundred dollars or imprisoned not more than six months or both.
(1953, S. 2087d; 1961, P.A. 154, S. 6.)
History: 1961 act deleted obsolete reference to Sec. 19-204, adding reference to 19-204a and standards promulgated under it; Sec. 19-205 transferred to Sec. 21a-59 in 1983.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-60. (Formerly Sec. 19-206). - Refrigerated lockers.

Section 21a-60 is repealed, effective October 1, 1999.
(1949 Rev., S. 3923; 1959, P.A. 351, S. 1; 412, S. 38, 42; P.A. 77-603, S. 51, 125; P.A. 78-280, S. 2, 127; P.A. 94-36, S. 23, 42; P.A. 99-194, S. 28.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-61. (Formerly Sec. 19-207). - Storage and transportation of quick-frozen foods.

(a) No person, firm or corporation engaged in the business of storing quick-frozen foods or transporting such foods shall store or transport such foods within this state unless they are stored or transported under suitable refrigeration which shall insure good keeping qualities and under temperatures and holding conditions approved by the Commissioner of Consumer Protection.
(b) Said commissioner may, after public hearings, make reasonable regulations for the storing and transportation of quick-frozen foods, including temperature control, sanitation and other matters in accordance with recognized standards necessary for the protection of public health and the preservation of such foods in wholesome condition.
(c) Any person, firm or corporation violating any provision of this section or of any regulation made hereunder shall be fined not more than one hundred dollars for the first offense and not less than one hundred dollars nor more than five hundred dollars for each subsequent offense.
(d) Nothing in this section shall be construed to apply to delivery by a retailer to the purchaser.
(1953, S. 2090d; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-207 transferred to Sec. 21a-61 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-62. (Formerly Sec. 19-208). - Analysis of food.

The local health authority of any city, borough or town may procure, from any dealer in provisions, groceries, medicines or other articles for human consumption, samples of such articles and cause the same to be analyzed by one of the state chemists and if, on such analysis, it is found that the article analyzed is adulterated with a deleterious or foreign ingredient, other than is represented verbally and in a conspicuous label by the seller, the chemist making the analysis shall issue his certificate setting forth the kind and quantity, as near as may be, of deleterious and foreign ingredients found in the article analyzed. The director of health causing such analysis to be made shall cause such certificate to be published in some paper published in the city, borough or town, or one nearest thereto, where the article analyzed was obtained, for such length of time as he thinks necessary, and the cost of analysis and the cost of the publication of the certificate shall be paid by the person or firm from whom the article analyzed was obtained. If such person or firm so elects, he or it may annex to such certificate an affidavit setting forth from whom the article analyzed was purchased. In each case where an analysis has been made according to the provisions of this section and the article analyzed has been found pure and free from foreign ingredients, the cost of the analysis shall be paid by the city, borough or town whose director of health caused such analysis to be made.
(1949 Rev., S. 3898.)
History: Sec. 19-208 transferred to Sec. 21a-62 in 1983.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-62a. - Preparation of food in residential dwelling for sale. Regulations.

(a) Preparation of food in a private residential dwelling for sale for human consumption shall be allowed provided it conforms to the regulations adopted pursuant to subsection (b) of this section.
(b) The Commissioner of Consumer Protection, after consulting with the Commissioner of Public Health, shall adopt regulations, in accordance with the provisions of chapter 54, to allow the preparation of food in a private residential dwelling for sale for human consumption.
(P.A. 15-76, S. 2; 15-242, S. 57.)
History: P.A. 15-242 amended Subsec. (b) by replacing “Commissioner of Public Health” with “Commissioner of Consumer Protection” and “Commissioner of Consumer Protection” with “Commissioner of Public Health”.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-62b. - Definitions.

For the purposes of this section and sections 21a-62c to 21a-62h, inclusive:
(1) “Commissioner” means the Commissioner of Consumer Protection or an authorized agent of the commissioner;
(2) “Cottage food operation” means any person who produces cottage food products only in the home kitchen of such person's private residential dwelling and only for sale directly to the consumer and who does not operate as a food service establishment pursuant to section 19a-36 or regulations adopted pursuant to section 21a-101, or a food retailer, distributor or manufacturer as defined in subsection (b) of section 21a-92 and section 21a-151;
(3) “Cottage food products” means nonpotentially hazardous baked goods, jams, jellies and other nonpotentially hazardous foods produced by a cottage food operation. “Cottage food products” does not include maple syrup or honey;
(4) “Food service establishment” means any establishment in which food is stored, offered for sale, processed or prepared, and includes the transportation of any food;
(5) “Private residential dwelling” means an owner or resident occupied dwelling. “Private residential dwelling” does not include any group or communal residential setting within any type of structure or outbuilding, shed, barn or other similar structure;
(6) “Home kitchen” means a kitchen designed and intended for use by the residents of a home but that is also used by a resident for the production of cottage food products and that may contain one or more stoves or ovens, which may be a double oven, designed for residential use. “Home kitchen” does not include commercial equipment typically used for large wholesale manufacturing;
(7) “Permitted area” means the portion of a private residential dwelling that contains a home kitchen where the preparation, packaging, storage or handling of cottage food products occurs; and
(8) “Potentially hazardous food” means a food that requires time and temperature control for safety to limit pathogenic microorganism growth or toxin formation, which controls shall be consistent with the United States Food and Drug Administration's Food Code definition for time and temperature control for safety food, as amended from time to time, and adopted by reference by the commissioner pursuant to section 19a-36h.
(P.A. 18-141, S. 13; P.A. 19-18, S. 1; 19-177, S. 38.)
History: P.A. 19-18 redefined “cottage food products” in Subdiv. (3) to exclude maple syrup and honey; P.A. 19-177 amended definition of potentially hazardous food in Subdiv. (8), effective July 9, 2019.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-62c. - Cottage food operations. Examination of premises. Licensure requirements.

(a) All cottage food operations shall be licensed annually by the Commissioner of Consumer Protection. The license application form shall be developed by the commissioner. The license shall specify the food products allowed to be produced by the cottage food operation. The annual license fee for cottage food operations shall be set by the Commissioner of Consumer Protection, provided such fee shall not exceed one hundred dollars.
(b) Prior to licensing, the commissioner shall, within existing resources, examine the premises of the cottage food operation to determine it to be in compliance with the provisions of this section and sections 21a-62b and 21a-62d to 21a-62h, inclusive.
(c) Any cottage food operation shall comply with all applicable municipal laws and zoning ordinances when conducting a business from a private residential dwelling. Upon request by the commissioner, the cottage food operation shall provide written verification, from a credible recognized source, as determined by the commissioner, of compliance with all local, state and federal laws regarding on-site wastewater systems.
(d) Any cottage food operation with a private water supply shall have the supply tested prior to receiving a license in order to demonstrate that the water supply is potable. Subsequent testing of such private water supplies shall be required at a frequency determined by the commissioner.
(e) Prior to receiving a license, each cottage food operation shall have attended and completed a food safety training program that includes training in food processing and packaging. A list of food safety training programs that are recognized by the commissioner shall be maintained on the Department of Consumer Protection's Internet web site.
(P.A. 18-141, S. 14.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-62d. - Limitation on total annual gross sales. Direct sale to consumer. Authorized food products. Display of license.

(a) Total annual gross sales for a cottage food operation shall not exceed fifty thousand dollars per calendar year. If annual gross sales exceed the maximum annual gross sales amount allowed, the cottage food operation shall either obtain a food manufacturing establishment license or cease operations. The commissioner may request documentation to verify the annual gross sales figure of any cottage food operation.
(b) Products produced by a cottage food operation shall be sold directly to the consumer. Direct sales at point of production, farmers markets, local fairs and festivals, and charitable organization functions are permitted. Advertising and sales by Internet, mail and phone are permissible, provided the cottage food operator or their designee shall deliver, in person, to the customer within the state. No such operation shall engage in consignment or wholesale sales. The following additional locational sales by any such cottage food operation shall be prohibited: (1) Grocery stores; (2) restaurants; (3) long-term care facilities; (4) group homes; (5) day care facilities; and (6) schools. A cottage food operation may not operate as a food service establishment, a retail establishment engaged in the sale of food, a food manufacturing establishment, as defined in section 21a-151, or a food warehouse, as defined in section 21a-151.
(c) A cottage food operation may only produce those specific food products listed on its license.
(d) Any such license shall be displayed at every location where the operation's cottage food products are sold.
(P.A. 18-141, S. 15; P.A. 22-8, S. 1.)
History: P.A. 22-8 amended Subsec. (a) by increasing cap on total annual gross sales for a cottage food operation from $25,000 to $50,000 per calendar year.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-62e. - Inspection of cottage food operation.

(a) The commissioner may inspect a cottage food operation at any time to ensure compliance with the provisions of this section, sections 21a-62c, 21a-62d and sections 21a-62f to 21a-62h, inclusive.
(b) Nothing in this section, section 21a-62c or 21a-62d or sections 21a-62f to 21a-62h, inclusive, shall be construed to prohibit the local director of health or duly authorized agents of the director from investigating the permitted area of a cottage food operation in response to a foodborne illness outbreak, consumer complaint or other public health emergency.
(P.A. 18-141, S. 16.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-62f. - Authorized food items. Prohibited food items.

(a) A cottage food operation may produce food items that are not potentially hazardous food.
(b) A cottage food operation shall not produce:
(1) Potentially hazardous food items; and
(2) Food items that present a food safety risk, such as acidified foods, low acid canned foods, garlic in oil, fresh fruit or vegetable juices and beverages.
(P.A. 18-141, S. 17.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-62g. - Prepackaged food products. Labels.

If a cottage food operation sells cottage food products that are prepackaged, such packaging shall include an affixed label that contains the following information and that is printed in English:
(1) The name and address of the cottage food operation;
(2) The common or usual name of the cottage food product;
(3) The ingredients of the cottage food product, in descending order of predominance by weight or volume;
(4) Allergen information, as specified by federal labeling requirements, such as milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat and soybeans; and
(5) The following statement printed in at least ten-point type in a clear and conspicuous manner that provides contrast to the background label: “Made in a Cottage Food Operation that is not Subject to Routine Government Food Safety Inspection.”
(P.A. 18-141, S. 18.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-64. (Formerly Sec. 19-209). - Distribution of drugs and poisons.

Any person who, by himself, his servant or agent, distributes or gives away, in any street or highway or from house to house, any bottle, box, envelope or package containing any liquid medicine, or any pill, powder, tablet or other article, which contains any drug or poison, shall be fined not more than fifty dollars or imprisoned not more than one year or both.
(1949 Rev., S. 3899.)
History: Sec. 19-209 transferred to Sec. 21a-64 in 1983.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-66. (Formerly Sec. 19-209b). - Regulations re sale, purchase, handling and disposal of hypodermic needles and syringes.

The Commissioner of Consumer Protection shall adopt regulations in accordance with the provisions of chapter 54 to control the sale, purchase, handling and disposal of hypodermic needles and syringes pursuant to section 21a-65.
(P.A. 79-457, S. 3, 4; P.A. 88-357, S. 21; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: Sec. 19-209b transferred to Sec. 21a-66 in 1983; P.A. 88-357 expanded the area to be covered by the regulations to include sale, handling and disposal of hypodermic needle; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-67. (Formerly Sec. 19-209c). - Apricot kernels. Labeling requirement.

No person shall sell or offer for sale any apricot kernels unless such kernels are packaged and each package is labeled with a warning that such kernels contain cyanide and that ingestion of such kernels may be fatal.
(P.A. 79-379, S. 6.)
History: Sec. 19-209c transferred to Sec. 21a-67 in 1983.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-68. (Formerly Sec. 19-209d). - Packaging of veterinary drugs.

Any substance containing aspirin, or a controlled substance as defined in section 21a-240, or a legend drug as defined in section 20-l84a, sold or offered for sale in this state and intended to be administered to companion animals in the home shall be packaged in accordance with the requirements established by regulation under the federal Poison Prevention Packaging Act of 1970, 84 Stat. 1670, 15 USC 1471, as amended.
(P.A. 79-288, S. 1.)
History: Sec. 19-209d transferred to Sec. 21a-68 in 1983.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-69. (Formerly Sec. 19-209e). - “Companion animal” defined by regulation.

The Commissioner of Consumer Protection, with the advice and assistance of the State Board of Veterinary Registration and Examination, shall by regulation adopted in accordance with chapter 54 define the term “companion animals” for the purposes of section 21a-68.
(P.A. 79-288, S. 2, 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: Sec. 19-209e transferred to Sec. 21a-69 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-70a. (Formerly Sec. 21a-250a). - Distribution of noncontrolled drugs used as emergency stock.

Noncontrolled drugs distributed as emergency stock to a medical director of a chronic and convalescent nursing home or a rest home with nursing supervision shall be supplied in containers which bear labels specifying the name of the drug and its strength, expiration date, lot number and manufacturer. Such noncontrolled drugs distributed as emergency stock shall be limited in type and quantity to those specifically documented and authorized by such medical director for use as emergency stock in such facility.
(P.A. 84-194, S. 2.)
History: Sec. 21a-250a transferred to Sec. 21a-70a in 1987.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-70b. - Regulation of sales of drugs at flea markets.

(a) As used in this section:
(1) “Flea market” means any location other than a permanent retail store at which space is rented or otherwise made available to others for the conduct of business as transient or itinerant vendors, but does not include the location of (A) any sale by sample, catalog or brochure for future delivery, or (B) any sale or sales presentation pursuant to a prior invitation issued by the owner or legal occupant of the premises; and
(2) “Manufacturer's or distributor's representative” means any person authorized by a manufacturer or distributor of any drug, as defined in section 21a-92, to offer or sell any such product to the public at retail.
(b) No person, except a manufacturer's or distributor's representative, shall sell, offer for sale or knowingly permit the sale of any drug, as defined in section 21a-92, at any flea market.
(c) Any manufacturer's or distributor's representative, when selling or offering for sale any drug, as defined in section 21a-92, at any flea market shall carry on such representative's person written credentials indicating that such manufacturer's or distributor's representative is authorized by the manufacturer or distributor of such drug to engage in the retail sale of such drug to the public. Such credentials shall be made available for inspection by any interested person upon the request of such person. Such credentials shall include the name of the manufacturer's or distributor's representative and may include the date, if any, on which such credentials expire.
(d) No person shall present credentials required under subsection (c) of this section that are false, misleading or fraudulently obtained.
(e) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this section.
(f) Any person who violates any provision of this section, or any regulation adopted under this section, shall be fined not more than one hundred dollars.
(P.A. 99-98; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-70c. - Prescription drug pedigree program. Working group convened.

(a) The Commissioner of Consumer Protection shall convene a working group comprised of the Commissioners of Consumer Protection and Emergency Services and Public Protection, or their designees, a member of the Commission of Pharmacy, the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to public health, or their designees, and representatives of retail drug establishments, independent pharmacies and pharmaceutical manufacturers. The working group shall be responsible for submitting recommendations to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to public health concerning the development and implementation of a program to authenticate the pedigree of prescription drugs distributed in this state.
(b) For purposes of this section, (1) “authenticate” means to affirmatively verify, before any distribution of a prescription drug occurs, that each transaction listed on the pedigree has occurred; (2) “pedigree” means a document or electronic file containing information that records each distribution of any given prescription drug, from sale by a pharmaceutical manufacturer, through acquisition and sale by any wholesale distributor or repackager, until final sale to a pharmacy or other person dispensing or administering the prescription drug; and (3) “prescription drug” means any drug, including any biological product, except for blood and blood components intended for transfusion or biological products that are also medical devices required by federal law or regulations, to be dispensed only by a prescription, including finished dosage forms and bulk drug substances subject to Section 503(b) of the federal Food, Drug and Cosmetic Act.
(P.A. 05-272, S. 29; P.A. 11-51, S. 134.)
History: P.A. 05-272 effective July 13, 2005; pursuant to P.A. 11-51, “Commissioner of Emergency Management and Homeland Security” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-70d. - Definitions.

As used in this section and section 21a-70e:
(1) “Biologic” means a biological product, as defined in 42 USC 262(i), as amended from time to time, that is regulated as a drug under the federal Food, Drug and Cosmetic Act, 21 USC 301 et seq.;
(2) “Department” means the Department of Consumer Protection;
(3) “Medical device” means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component, part or accessory, that is: (A) Recognized in the official National Formulary or the United States Pharmacopeia or any supplement thereto; (B) intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease, in persons or animals; or (C) intended to affect the structure or function of the body of a person or animal, and that does not achieve its primary intended purposes through chemical action within or on such body and that is not dependent upon being metabolized for the achievement of its primary intended purposes; and
(4) “Pharmaceutical or medical device manufacturing company” means any entity that: (A) Is engaged in the production, preparation, propagation, compounding, conversion or processing of prescription drugs, biologics or medical devices, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; or (B) is directly engaged in the packaging, repackaging, labeling, relabeling or distribution of prescription drugs, biologics or medical devices. “Pharmaceutical or medical device manufacturing company” does not include a health care provider, physician practice, home health agency, hospital licensed in this state, wholesale drug distributor licensed in this state or a retail pharmacy licensed in this state.
(P.A. 10-117, S. 93.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-70e. - Pharmaceutical or medical device manufacturing company. Adoption of code on interaction with health care professionals and comprehensive compliance program. Civil penalty.

(a) On or before January 1, 2011, each pharmaceutical or medical device manufacturing company shall adopt and implement a code that is consistent with, and minimally contains all of the requirements prescribed in, the Pharmaceutical Research and Manufacturers of America's “Code on Interaction with Healthcare Professionals” or AdvaMed's “Code of Ethics on Interactions with Health Care Professionals” as such codes were in effect on January 1, 2010.
(b) Each pharmaceutical or medical device manufacturing company shall adopt a comprehensive compliance program in accordance with the guidelines provided in the “Compliance Program Guidance for Pharmaceutical Manufacturers” dated April, 2003 and issued by the United States Department of Health and Human Services Office of Inspector General.
(c) Upon complaint, the department may investigate an alleged (1) violation of subsection (a) of this section, or (2) failure to conduct any training program or regular audit for compliance with the code adopted pursuant to subsection (a) of this section by a pharmaceutical or medical device manufacturing company. The Commissioner of Consumer Protection may impose a civil penalty of not more than five thousand dollars for any violation of the provisions of this section.
(P.A. 10-117, S. 94.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-70g. - Investigational drug, biological product or device for patients with terminal illnesses. Liability of manufacturer.

(a) A manufacturer of an investigational drug, biological product or device, as defined in section 20-14q, may make available the manufacturer's investigational drug, biological product or device to a patient who is eligible under subsection (b) of section 20-14q and may (1) provide the investigational drug, biological product or device to such patient without receiving compensation, or (2) require such patient to pay the costs of, or associated with, the manufacture of the investigational drug, biological product or device.
(b) Nothing in this section shall create a cause of action against a manufacturer of an investigational drug, biological product or device that makes available such investigational drug, biological product or device to an eligible patient for any harm done to such patient resulting from the investigational drug, biological product or device.
(P.A. 16-214, S. 2.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 417 - General Provisions. Pure Food and Drugs › Section 21a-71. (Formerly Sec. 19-210a). - Sale of food, drug or cosmetic at auction.

No person shall sell any food, drug or cosmetic, as defined by section 21a-92, at an auction, unless such person has notified the Commissioner of Consumer Protection, in writing, of such sale; provided this section shall not apply to the sale of food by any church, parent teacher association, charitable organization as defined by subdivision (1) of section 21a-190a, or any organization of any political party. Such notice shall be given at least seven days prior to such sale and said commissioner may inspect such food, drug or cosmetic and prohibit the sale of the same if it is found to be unfit for human use. This section shall apply to the sale of unclaimed freight.
(February, 1965, P.A. 404; P.A. 93-55, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: Sec. 19-210a transferred to Sec. 21a-71 in 1983; P.A. 93-55 made technical change, substituting reference to Sec. 21a-190a for reference to Sec. 21a-176; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection 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.