Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 54u - Honey and Maple Syrup › Section 22-54u-6 - Enforcement and Penalties

Current through July 10, 2024
(a) If, as
			 determined by the commissioner, a producer does not implement the corrective
			 action required to be taken pursuant to section
			 22-54u-5(b) of
			 the Regulations of Connecticut State Agencies to correct a violation of
			 sections 22-54u-2 to
			 22-54u-4, inclusive, of the
			 Regulations of Connecticut State Agencies, within the specified time period
			 that the corrective action is required to be taken, or to respond to a
			 condition that may present a public health hazard, the commissioner may issue
			 any order necessary including orders for the embargo or destruction of any
			 potentially adulterated or misbranded product. An order shall become effective
			 upon service, and remain in effect during any appeal of such order to the
			 commissioner. The following shall apply to such an order:
(1) No person shall remove, dispose of, sell
			 or offer for sale such product subject to an embargo, destruction or quarantine
			 order without the permission of the commissioner. Any person aggrieved by any
			 order of the commissioner issued to correct a violation of sections
			 22-54u-2 to
			 22-54u-4, inclusive, of the
			 Regulations of Connecticut State Agencies or an order to respond to a condition
			 that may present a public health hazard may appeal to the commissioner. Such
			 appeal request shall be in writing to the commissioner, and shall be received
			 by the commissioner not more than fifteen days after the date of issuance of
			 such order. Such appeal shall specify any findings to which the person objects,
			 and any other grounds for contesting the order. A hearing shall be conducted
			 not later than five business days after the receipt of the appeal. If no timely
			 appeal is made pursuant to this subsection the order shall be deemed a final
			 order of the commissioner, upon expiration of the appeal deadline.
(2) Not later than thirty days following any
			 hearing requested pursuant to subdivision (1) of this subsection, the
			 commissioner or the commissioner's duly appointed hearing officer shall issue a
			 final decision as to whether the product subject to an order complies with
			 sections 22-54u-2 to
			 22-54u-4, inclusive, of the
			 Regulations of Connecticut State Agencies, and is safe for use as a food. If
			 the commissioner or the commissioner's duly appointed hearing officer
			 determines the product is unsafe or unfit for use as food, the commissioner or
			 the commissioner's duly appointed hearing officer may affirm or modify an order
			 issued pursuant to this subsection for such product as they deem proper. The
			 commissioner shall supervise the destruction or other disposition of such
			 product. If the commissioner or the commissioner's duly appointed hearing
			 officer finds the product is safe for use as food and is not detrimental to
			 public health, or finds such product can be properly packaged, marked or
			 otherwise brought into compliance with the provisions of sections
			 22-54u-2 to
			 22-54u-4, inclusive, of the
			 Regulations of Connecticut State Agencies, the commissioner or the
			 commissioner's appointed hearing officer may revoke or modify an order issued
			 pursuant to this subsection for such product as they deem proper to be so
			 packaged, marked or otherwise brought into compliance and may thereafter
			 authorize the release of such product. The owner of product that is released or
			 destroyed shall pay all of the costs of storage, handling, and
			 destruction.