Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 39g - Produce Safety Standards › Section 22-39g-7 - Inspections, enforcement, and hearings

Current through July 10, 2024
(a) The
			 commissioner or the commissioner's designated agent may inspect produce at any
			 produce farm where produce is grown, harvested, packed, labeled or held. Such
			 inspection may take place in any farm, field, lot, area, or building where
			 produce is grown, harvested, packed, labeled or held, and may include
			 equipment, tools, and vehicles for holding such produce. Such inspection may
			 include obtaining samples and specimens for laboratory analysis.
(b) For purposes of this section and sections
			 22-39g-1 to
			 22-39g-6, inclusive, of the
			 Regulations of Connecticut State Agencies, inspection of produce shall include
			 the place or places where a produce farm grows, harvests, packs, labels, or
			 holds produce.
(c) Whenever an
			 inspection reveals any violation of section 22-39g of the Connecticut General
			 Statutes, this section, or sections
			 22-39g-2 to
			 22-39g-6, inclusive, of the
			 Regulations of Connecticut State Agencies, the commissioner shall notify the
			 owner or operator of the produce farm of such violation in writing and specify
			 the corrective action required to remedy such violation and the deadline by
			 which such action shall be taken.
(d) The commissioner may issue any order
			 pursuant to section 22-39g of the Connecticut General Statutes in order to
			 respond to a condition that may present a public health risk, or issue orders
			 necessary to effectuate the purposes of this section, such as orders for the
			 embargo, destruction, quarantine and release of produce. Any order issued by
			 the commissioner shall become effective upon receipt and remain in effect
			 during any appeal of such order to the commissioner. The following shall apply
			 to any order:
(1) No person shall remove,
			 dispose of, sell or offer for sale any produce subject to any order issued by
			 the commissioner without the permission of the commissioner or the
			 commissioner's designated agent. Any person aggrieved by any order of the
			 commissioner may request, in writing, an appeal hearing, which request shall be
			 made and delivered to the commissioner not more than five business days after
			 the issuance of such order. Such appeal shall state specifically any findings
			 to which the aggrieved person objects, and any other grounds for contesting the
			 order. The commissioner or the commissioner's duly appointed hearing officer
			 shall conduct the hearing not later than five business days after the receipt
			 of the appeal. If no appeal is made pursuant to this subdivision the order
			 shall be deemed a final order of the commissioner.
(2) Not later than thirty days following any
			 hearing held pursuant to subsection (d)(1) of this section, the commissioner or
			 the commissioner's duly appointed hearing officer shall issue a final decision
			 as to whether the person aggrieved by the order complied with the provisions of
			 section 22-39g of the Connecticut General Statutes, this section and sections
			 22-39g-2 to
			 22-39g-6, inclusive, of the
			 Regulations of Connecticut State Agencies, and the produce that was the subject
			 of such order is safe for use as food. If the commissioner or the
			 commissioner's duly appointed hearing officer determines the produce is a
			 public health risk, the commissioner or the commissioner's duly appointed
			 hearing officer may affirm or modify the order issued pursuant to this section
			 for such produce as they deem proper. The commissioner or the commissioner's
			 duly authorized agent shall supervise the destruction or other disposition of
			 such produce. If the commissioner or the commissioner's duly appointed hearing
			 officer determines that the produce that was the subject of the order is (A)
			 safe for use as food and does not pose a public health risk, or (B) can be
			 properly packaged, marked or otherwise brought into compliance with the
			 provisions of section 22-39g of the Connecticut General Statutes, this section
			 and sections
			 22-39g-2 to
			 22-39g-6, inclusive, of the
			 Regulations of Connecticut State Agencies, the commissioner or commissioner's
			 duly appointed hearing officer may revoke or modify the order as appropriate
			 and authorize the release of such produce. The owner of produce that is
			 released or destroyed shall pay all of the incurred costs of storage, handling,
			 and destruction.