Sec. 22-133. Regulations of Milk Regulation Board. (a) To assure the consumers
of the state milk products of at least standard quality, and to assure to the residents of
Connecticut an adequate and regular supply of such milk at all times, the Milk Regulation
Board shall adopt regulations in accordance with the provisions of chapter 54, which
may include, but not be limited to, definitions, standards of identity, production, transportation, processing, handling, sampling, examination, grading, labeling, regrading
and sale of milk and milk products. The Milk Regulation Board may adopt regulations
which incorporate by reference the provisions of the federal Pasteurized Milk Ordinance
promulgated by the United States Food and Drug Administration provided such regulations shall be consistent with any regulations adopted under section 22-211a, and further
provided such regulations may by reference specifically incorporate any future amendment to said ordinance. The board may by regulation establish standards for inspection
of pasteurizing plants, and farms supplying such plants, to preserve the public health
and maintain the economic status of Connecticut producers. In exercising its authority,
the board shall consider (1) the welfare of the milk producer, the milk dealer and the
consuming public, and the need to maintain a constant and adequate supply of fluid milk
of at least standard quality; (2) the recommended methods promulgated by recognized
authorities for the production, handling and transportation of fluid milk and milk products, and additional methods for the production, handling and transportation of milk;
(3) the recommended methods promulgated by recognized authorities for dairy plant
operations in the handling, storage, processing, bottling and labeling of all grades and
types of milk, cream and milk products, together with the quality of the dairy products
and materials, if any, used in the processing of such products; (4) the healthfulness and
quality of all grades and types of milk, cream and milk products, when said board may
be guided by recommendations promulgated by recognized authorities on health and
nutrition; (5) whether or not the various grades, such as grade A milk, and types, such
as homogenized, pasteurized, vitamin D and vitamin-mineral-fortified milk, flavored
milks, low-fat milk or skimmed milk, handled by a dealer, may be handled, processed,
advertised, offered for sale or sold without false advertising, deception, fraud or misrepresentation; (6) the necessity for clearly distinguishing whole milk, low-fat milk and
skimmed milk in the labeling of such milk so as to prevent confusion, deception and
misrepresentation; (7) the standards for maintaining the economic status of Connecticut
producers and supply and demand factors for inspecting farms and plants provided by
sections 22-175 to 22-180, inclusive, 22-182, 22-183, 22-184 and 22-195; (8) other
economic considerations applicable to inspection of farms and plants such as, but not
limited to, distance from the Connecticut market; adequacy of pasteurization facilities
within the state and in towns, cities or boroughs adjoining the state boundary line; the
quantities of milk which normally are consumed in the Connecticut market and the
current trends in that consumption, seasonal and others; the frequency with which current
inspections are made and the personnel and other resources available for such inspections; the effects additional inspections will have on the rigor of such inspections, and
their cost and efficiency; the quantities of milk which would be available from different
sources; the relative accessibility of different sources and the relative ease with which
milk may be transported from such sources; the seasonal patterns of production and
milk deliveries at different sources; the economic standards for inspecting farms and
plants that apply in other adjacent areas; the time which would be required to deliver
milk to the Connecticut market from different sources, and the reliability of different
sources both from the standpoint of quality and quantity of milk; (9) the sanitary standards, requirements and procedures recommended by the United States Department of
Health and Human Services in the Grade A Pasteurized Milk Ordinance.
(b) The regulations adopted pursuant to subsection (a) of this section shall ensure
substantial compliance with the health and sanitation provisions of the Grade A Pasteurized Milk Ordinance recommended by the United States Department of Health and
Human Services, Milk Safety Branch.
(1949, 1951, S. 1755d, 1756d; 1961, P.A. 518, S. 2; 1963, P.A. 248; 1967, P.A. 163, S. 1; 1971, P.A. 3, S. 1; P.A. 83-587, S. 38, 96; P.A. 91-312, S. 5; P.A. 96-55, S. 1.)
History: 1961 act made issuance of regulations mandatory rather than optional by replacing "may" with "shall", included
low fat milk in Subdiv. (e) and added Subdiv. (f) requiring consideration of necessity for distinguishing between types of
milk to prevent confusion, etc.; 1963 act required that regulations assure residents of adequate and regular milk supply,
allowed board to establish standards for inspection of pasteurizing plants and farms and added Subdivs. (g) and (h) re
economic considerations; 1967 act deleted reference to repealed Sec. 22-196 in Subdiv. (g); 1971 act made minor changes
to Subdivs. (e) and (f) substituting "low-fat" for "low fat", etc.; P.A. 83-587 deleted reference to Sec. 4-45; P.A. 91-312
divided section into Subsecs., amended Subsec. (a) to replace detailed provisions re the notice and hearing procedure for
the issuance of regulations with requirement that the board "adopt" regulations "in accordance with the provisions of
chapter 54", provide that the regulations may include definitions and standards of identity, provide that standards for
inspection of pasteurizing plants be established "by regulation", redesignate former Subdivs. (a) to (h), inclusive, as Subdivs.
(1) to (8), inclusive, respectively, replace "standard quality milk" with "fluid milk and milk products" and delete reference
to milk "of a higher grade or special type" in Subdiv. (2), replace "milk, grade A or certified", with "grade A milk", in
Subdiv. (5) and add Subdiv. (9) re sanitary standards, requirements and procedures recommended by the U.S. Department
of Health and Human Services, and added Subsec. (b) requiring the regulations to ensure compliance with the health and
sanitation provisions of the Grade A Pasteurized Milk Ordinance; P.A. 96-55 amended Subsec. (a) to authorize adoption
of regulations which incorporate future amendments to the federal Pasteurized Milk Ordinance.
Former statute cited. 111 C. 436.
Sec. 22-134. Violation of regulations of board or orders of commissioner. Civil
penalty. No person shall engage in the production, care, marketing or sale of milk or
cream unless he has complied with the regulations of said board. Any person who violates any provision of this section or of any regulation established by said board or of
any order of said commissioner duly authorized shall be assessed a civil penalty in
accordance with the provisions of section 22-7.
(1949 Rev., S. 3212; P.A. 91-312, S. 6; May 25 Sp. Sess. P.A. 94-1, S. 84, 130.)
History: P.A. 91-312 replaced the criminal penalty of a fine of not more than one hundred dollars or imprisonment of
not more than thirty days or both with provision for the assessment of a civil penalty; May 25 Sp. Sess. P.A. 94-1 made a
technical change for accuracy, effective July 1, 1994.
Cited. 111 C. 440.
Sec. 22-135. Labeling. Section 22-135 is repealed, effective July 1, 1998.
(1949, 1951, S. 1756d; February, 1965, P.A. 171; P.A. 91-312, S. 7; P.A. 98-12, S. 21, 22.)
Sec. 22-136. Licensing of weighers, gagers, samplers and testers of milk and
cream. Examination fees. Revocation of license. (a) The Milk Regulation Board shall
adopt regulations in accordance with the provisions of chapter 54 for the examination
and licensing of persons who may engage in the weighing, gaging, sampling or testing
of milk or cream which is to be bought or sold on the basis of the butterfat content or
the bacterial count, or for the purpose of determining the butterfat content or bacterial
count for publication or for advertising purposes, or for use as the basis of reports to
any person other than their employers.
(b) The commissioner shall administer the regulations. Applications for examinations shall be made in writing to the commissioner. Any fees for such applications shall
be established by the commissioner pursuant to section 22-128a. The commissioner
shall designate the time and place of holding the examinations, and may issue, to any
person who has complied with the regulations for the examination and has passed the
same to the satisfaction of the commissioner, a license to weigh or gage, sample or test
any milk or cream.
(c) The license shall be valid for one year and may be renewed for a period of five
years upon written application to the commissioner accompanied by a fee of twenty-five dollars if submitted between July 1, 1991, and July 1, 1992. On and after July 1,
1992, such fee shall be established by the commissioner pursuant to section 22-128a.
(d) The license may be revoked by the commissioner, after hearing and upon notice
to the licensee, for dishonesty, incompetency, inaccuracy or violation of any provision
of this section or sections 22-138 to 22-141, inclusive.
(e) No person shall take any sample or test any milk or cream for the purpose of
determining its butterfat content or its bacterial count except as provided in this section,
and nothing in this section shall be construed to prevent private testing and sampling
for plant purposes. Any person not holding a license may take any unbroken package
of milk or cream as a sample.
(1949 Rev., S. 3177; 1949, S. 1733d; 1957, P.A. 359, S. 2, 1961, P.A. 213; 1967, P.A. 78; 1969, P.A. 21; P.A. 82-91,
S. 11, 38; P.A. 91-312, S. 8, 48; P.A. 97-234, S. 4.)
History: 1961 act allowed regulation of determination of butterfat content or bacterial count for use as basis of reports
to persons other than employers, restated provision re examination fees, allowed renewals for five years rather than for
one and raised renewal fee from one to five dollars, accordingly; 1967 act changed expiration date of initial license to one
year from date of issuance rather than December thirty-first following issuance; 1969 act added reference to regulations
re licensing, deleted requirement that examinations conform to specifications for testing milk and cream adopted by
Association of Official Agricultural Chemists or American Public Health Association and replaced reference to Sec. 22-144 with reference to Sec. 22-141; P.A. 82-91 increased examination fee for weigher's or gager's license from $1.00 to
$5.00, increased examination fee for sampler's license from $2.00 to $5.00, increased examination fee for tester's license
from $3.00 to $5.00, increased fee for bacteriological examinations from $3.00 to $5.00 and increased license renewal fee
from $5.00 to $10.00; P.A. 91-312 divided section into Subsecs., amended Subsec. (b) to make technical change and
increase all examination fees from five to fifteen dollars for applications submitted between July 1, 1991, and July 1, 1992,
and provide that on and after July 1, 1992, such fees shall be established by the commissioner pursuant to Sec. 22-128a,
amended Subsec. (c) to increase the license renewal fee from ten to twenty-five dollars for an application submitted between
July 1, 1991, and July 1, 1992, and provide that on and after July 1, 1992, such fee shall be established by the commissioner
pursuant to Sec. 22-128a, and amended Subsec. (d) to replace reference to repealed Sec. 22-137 with reference to Sec. 22-138; P.A. 97-234 amended Subsec. (b) to delete provisions re fees for examinations under this section and provided that
any such fees shall be established by the commissioner under Sec. 22-128a.
Sec. 22-137. Permits for places where milk or cream is received. Section 22-137 is repealed.
(1949 Rev., S. 3178; P.A. 91-312, S. 47.)
Sec. 22-138. Fraudulent manipulation of samples or test; falsification of records. Civil penalty. No person, firm or corporation, or agent or employee thereof,
engaged in the business of buying milk or cream on the basis of the percentage of butterfat
contained therein, shall underread, overread or otherwise fraudulently manipulate the
samples or the test used for determining the percentage of such fat in such milk or cream,
or falsify the record thereof. Any person, firm or corporation, or agent or employee
thereof, violating any provision of this section shall be assessed a civil penalty in accordance with the provisions of section 22-7.
(1949 Rev., S. 3179; 1949, S. 1734d; 1969, P.A. 50, S. 1; P.A. 91-312, S. 9; May 25 Sp. Sess. P.A. 94-1, S. 83, 130.)
History: 1969 act deleted requirement that test used for determining butterfat content be "Babcock test" and provisions
re detailed conditions necessary for test to be made, i.e. required temperature, equipment, etc.; P.A. 91-312 replaced
criminal penalty of a fine of not less than twenty-five dollars nor more than five hundred dollars or imprisonment of not
more than twelve months or both with provision for the assessment of a civil penalty; May 25 Sp. Sess. P.A. 94-1 made a
technical change for accuracy, effective July 1, 1994.
Sec. 22-139. Tests to be made by licensed tester. (a) Each person, firm or corporation, or agent or employee thereof, engaged in the business of receiving or buying milk
or cream on the basis of the percentage of butterfat contained therein as determined by
any test approved by the Milk Regulation Board of samples taken in accordance with
the regulations of the Milk Regulation Board, shall have the test or tests made only by
a licensed tester, who shall be responsible for the same.
(b) Each licensed tester shall post his license in plain view in the testing room in
which he is employed.
(c) The commissioner may suspend or revoke such license for failure to post it as
required under this section. Each such license which has been revoked shall be returned
to the commissioner.
(1949 Rev., S. 3180; 1969, P.A. 50, S. 2; 1972, P.A. 151, S. 1; P.A. 91-312, S. 10.)
History: 1969 act replaced reference to Babcock test with "any test approved by the Milk Regulation Board" and
required that samples be taken in accordance with regulations of board rather than in accordance with repealed Sec.
22-142; 1972 act deleted word "composite" modifying "samples"; P.A. 91-312 divided section into Subsecs. and made
technical change.
Sec. 22-140. Samples to be taken by licensed samplers. (a) Each person, firm or
corporation engaged in the business of buying milk or cream on the basis of the percentage of butterfat contained therein, as determined by any test approved by the Milk
Regulation Board of samples taken in accordance with the regulations of the Milk Regulation Board, shall have the samples taken by a person holding a license to sample milk
or cream.
(b) Each licensed sampler shall carry upon his person or post his license in plain
view in the plant in which he is employed.
(c) The commissioner may revoke such license for failure to carry or post it as
required under this section or for any other just cause. Each such license which has been
revoked shall be returned to the commissioner.
(1949 Rev., S. 3181; 1969, P.A. 50, S. 3; 1972, P.A. 151, S. 2; P.A. 91-312, S. 11.)
History: 1969 act substituted "any test approved by the milk regulation board" for reference to Babcock test and required
that samples be taken in accordance with board regulations rather than as provided in repealed Sec. 22-142; 1972 act
deleted word "composite" modifying "samples"; P.A. 91-312 divided section into Subsecs. and made technical change.
Sec. 22-141. Weighing or gaging to be by licensed weigher or gager. (a) Each
person, firm or corporation engaged in the business of buying milk or cream by weight
shall have such milk or cream weighed by a licensed weigher when such milk or cream
is purchased or gaged by a licensed gager when such milk or cream is bought from or
at a dairy farm, using a bulk milk cooling tank approved by the commissioner and
currently calibrated for the measurement of milk quantity by the Commissioner of Consumer Protection.
(b) Each licensed weigher or gager shall have his license in his possession, or available for inspection, during working hours.
(c) The Commissioner of Agriculture may revoke any such weigher's license or
gager's license for just cause. Each such license which has been revoked shall be returned
to the commissioner.
(1949 Rev., S. 3182; 1957, P.A. 359, S. 3; 1969, P.A. 20; P.A. 91-312, S. 12; June 30 Sp. Sess. P.A. 03-6, S. 146(c),
(e); P.A. 04-189, S. 1.)
History: 1969 act replaced commissioner of weights and measures with commissioner of consumer protection and
substituted "or" for "and" in phrase "licensed weigher and gager"; P.A. 91-312 divided section into Subsecs., amended
Subsec. (a) to require milk or cream to be weighed when "purchased" rather than when "received in a plant licensed under
section 22-137" and made technical changes; June 30 Sp. Sess. P.A. 03-6 replaced separate Commissioners of Agriculture
and Consumer Protection with single 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.
Secs. 22-142 to 22-144. Tests and samples. Division of sample at request of
producer. Sampling and tests by commissioner; fees. Sections 22-142 to 22-144,
inclusive, are repealed.
(1949 Rev., S. 3183-3185; 1949, S. 1735d; 1951, 1953, S. 1736d; 1957, P.A. 425; 1961, P.A. 252, S. 2.)
Sec. 22-144a. Testing butterfat milk content. Section 22-144a is repealed, effective July 1, 1998.
(1961, P.A. 252, S. 1; P.A. 98-12, S. 21, 22.)
Sec. 22-145. Disposition of fees. Section 22-145 is repealed.
(1949 Rev., S. 3186; 1959, P.A. 350, S. 1; P.A. 91-312, S. 47.)
Sec. 22-146. Examination of records and apparatus. The commissioner and his
agents are authorized to enter the premises and to examine the test and weight records
and testing apparatus of any person, firm or corporation for the purpose of carrying out
the provisions of sections 22-136 to 22-150, inclusive.
(1949 Rev., S. 3187; P.A. 91-312, S. 13.)
History: P.A. 91-312 replaced reference to repealed Sec. 22-149 with reference to Sec. 22-150.
Sec. 22-147. Appeal. Any person, firm or corporation aggrieved by any decision
of the commissioner regarding the enforcement of the provisions of sections 22-136 to
22-150, inclusive, may appeal therefrom in accordance with the provisions of section
4-183.
(1949 Rev., S. 3188; 1971, P.A. 870, S. 71; P.A. 76-436, S. 451, 681; P.A. 77-603, S. 92, 125; P.A. 91-312, S. 14.)
History: 1971 act deleted reference to appeals to superior court, effective September 1, 1971, except that courts with
cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced court of common pleas
with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous detailed
appeal provisions with statement requiring that appeals be made in accordance with Sec. 4-183; P.A. 91-312 replaced
reference to repealed Sec. 22-149 with reference to Sec. 22-150.
Sec. 22-148. Proceedings for violation. For the violation of any provision of sections 22-136 to 22-147, inclusive, proceedings may be instituted against either the owner
or manager who is responsible for the business transacted, or the licensed tester of such
milk or cream or the person weighing and sampling the same, or against all of such
persons.
(1949 Rev., S. 3189.)
Sec. 22-149. Penalty. Section 22-149 is repealed.
(1949 Rev., S. 3190; P.A. 91-312, S. 47.)
Sec. 22-150. Registration of milk and butterfat laboratories. Fees. Approval
of laboratories. Civil penalty. Revocation of registration. (a) No person, firm or
corporation shall operate or maintain a laboratory in which any determination, examination or analysis is made of any samples of milk, cream, frozen desserts, milk product
or milk beverage, or of any container or package used or intended to be used for holding
any such product, unless such laboratory has been registered with the Department of
Public Health. Such registration shall include the furnishing of the name of such laboratory, the location of such laboratory, the name of the person or persons owning or operating such laboratory and such additional information as said department requires
regarding the tests made and the equipment and the personnel of such laboratory.
(b) No person, firm or corporation shall operate or maintain a laboratory in which
any determination involving the weighing, sampling or testing of milk for butterfat
content is performed unless such laboratory has been registered with the Department
of Agriculture.
(c) On and after July 1, 1992, the commissioner shall charge a fee in an amount
established pursuant to section 22-128a for such registration.
(d) Laboratory testing of any of such products shall be deemed the operating or
maintaining of a laboratory.
(e) Before any laboratory results or findings on any of such products or any interpretation of the results or findings may be reported for use by any person, firm or corporation
other than the one maintaining such laboratory, the person, firm or corporation operating
or maintaining the laboratory shall apply to said department for approval of such laboratory and shall hold an unexpired certificate of such approval listing the test or tests which
have been authorized to be made in the laboratory. Such approval shall be in conformity
with requirements and standards promulgated by said department and shall be based
upon the ability and qualifications, as determined by investigation or examination, of
the person in charge of the laboratory and upon adequate and suitable housing, equipment and apparatus. Unless with the approval or at the direction of said department, no
person, firm or corporation owning, operating or maintaining a laboratory shall knowingly permit the use of its results or findings or of any interpretation thereof for dissemination in the public press or as advertising if, in so doing, the producer, dealer or manufacturer of the product sampled is named or otherwise identified except when express
permission of such producer, dealer or manufacturer has been granted.
(f) Any person, firm or corporation which violates any provision of this section
shall be assessed a civil penalty in accordance with the provisions of section 22-7. The
commissioner may revoke any registration required by subsection (a) of this section for
any violation of this section.
(1949 Rev., S. 3192; 1951, S. 1737d; P.A. 77-614, S. 323, 610; P.A. 91-312, S. 15, 48; P.A. 93-381, S. 9, 39; May 25
Sp. Sess. P.A. 94-1, S. 82, 130; P.A. 95-257, S. 12, 21, 58; P.A. 97-234, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A.
04-189, S. 1.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A.
91-312 divided section into Subsecs., amended Subsec. (a) to make technical changes, added Subsec. (b) prohibiting the
operation of a butterfat laboratory unless it has been registered with the department of agriculture, added Subsec. (c)
requiring the commissioner to charge a registration fee of twenty-five dollars between July 1, 1991, and July 1, 1992, and
in an amount established pursuant to Sec. 22-128a on and after July 1, 1992, amended Subsec. (e) to delete provision
excluding laboratories established for the purpose of providing data for state or federal officials for the enforcement of
dairy and pure food laws and excluding persons engaged in weighing, sampling or testing of milk or cream which is to be
bought or sold on the basis of the butterfat content under the provisions of Secs. 2-136 to 22-149, inclusive, and amended
Subsec. (f) to replace the penalty of a fine of not more than one hundred dollars with provision for the assessment of a
civil penalty and to authorize the commissioner to revoke a registration required by Subsec. (a) for any violation of this
section; P.A. 93-381 replaced department of health services with department of public health and addiction services,
effective July 1, 1993; May 25 Sp. Sess. P.A. 94-1 made a technical change in Subsec. (f) for accuracy, effective July 1,
1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Public Health, effective July 1, 1995; P.A. 97-234 amended Subsec. (c) to delete an obsolete provision;
June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department 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.
Sec. 22-151. Certification of accuracy of bottle or pipette used to determine
butterfat content. Civil penalty. Section 22-151 is repealed, effective October 1, 1997.
(1949 Rev., S. 3191; P.A. 91-312, S. 16; May 25 Sp. Sess. P.A. 94-1, S. 81, 130; P.A. 97-234, S. 11.)
Sec. 22-152. Standard quality of milk. Any milk which is sold or exchanged or
offered for sale or exchange shall be deemed to be sold, exchanged or offered as of
standard quality, unless otherwise expressly stated at the time of such sale, exchange
or offer. Milk of standard quality shall contain not more than eighty-eight and one-half
per cent of watery fluid, not less than eleven and one-half per cent of milk solids, not
less than eight and one-quarter per cent of solids not fat and not less than three and
one-quarter per cent of butterfat, and the certificate of the director of the Connecticut
Agricultural Experiment Station or chemist in charge thereof, or of the director of the
laboratory of the Department of Public Health, shall be evidence of the composition of
any milk.
(1949 Rev., S. 3193; 1951, 1953, S. 1738d; 1957, P.A. 312; 1961, P.A. 175; P.A. 77-614, S. 323, 610; P.A. 93-381, S.
9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1961 act deleted provisions limiting plate count bacterial colonies for unpasteurized milk to 300,000 per
milliliter and for pasteurized milk to 30,000 per milliliter; P.A. 77-614 replaced department of health with department of
health services, effective January 1, 1979; P.A. 93-381 replaced department of health services with department of public
health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health
and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Power of municipalities to enact ordinances not in conflict with this section. 91 C. 69. Such an ordinance upheld. Id.
Former statute cited. 103 C. 519; 111 C. 439. Cited. 148 C. 341.
Sec. 22-153. Misbranded or adulterated milk. Civil penalty. (a) No person shall,
by himself, his employee or agent, sell or exchange, or offer for sale or exchange, or
have in his possession with intent to sell or exchange any milk which is misbranded or
any milk diluted with water or adulterated by the addition of any foreign substance, or
shall knowingly deliver or offer for delivery milk that is tainted or partly sour to any
customer buying the same for milk.
(b) No municipality or subdivision thereof shall require a dealer to place on any
bottle, container or label any words, designs or illustrations which are not approved,
required or permitted by the Milk Regulation Board.
(c) Milk shall be deemed to be misbranded when it is not labeled with the name
and address of the dealer, the common name of the product and any other labeling
prescribed by the general statutes or the regulations of the Milk Regulation Board. The
display or appearance of words, designs or illustrations on the label which are not so
approved or prescribed shall also constitute misbranding.
(d) The use of materials in the processing of flavored milks, or the addition of
approved vitamin A and D units in the processing of milk, low-fat milk or other milk
products, or the use of materials, vitamins or other substances in grades or types of milk
having the approval of the Milk Regulation Board shall not constitute adulteration under
this section.
(e) Any person who violates any provision of this section shall be assessed a civil
penalty in accordance with the provisions of section 22-7.
(1949 Rev., S. 3194; 1949, S. 1739d; 1963, P.A. 134; 1971, P.A. 3, S. 2; P.A. 91-312, S. 17; May 25 Sp. Sess. P.A.
94-1, S. 75, 130.)
History: 1963 act deleted prohibition against sale or intent to sell milk "which has been wholly or in part skimmed";
1971 act provided that common name of standard quality milk shall be "milk" rather than "grade B" or "approved" milk;
P.A. 91-312 divided section into Subsecs., replaced prohibition on the sale, "as of standard quality", milk which is "not
of standard quality, as defined by sections 22-127 and 22-152" with prohibition on the sale of milk which is "misbranded",
deleted provisions specifying the common names for standard quality milk, grade A milk and certified milk, provided that
the addition of approved vitamin A units does not constitute adulteration, and replaced the criminal penalty of a fine of
not less than seven dollars nor more than two hundred dollars for a first offense and such fine or imprisonment for not less
than ten days nor more than six months or both for a subsequent offense with provision for the assessment of a civil penalty;
May 25 Sp. Sess. P.A. 94-1 made a technical change for accuracy, effective July 1, 1994.
Sec. 22-154. Evaporated milk; contents and labeling. (a) Evaporated milk is a
milk product made by evaporating sweet milk so that it contains not less than seven and
five-tenths per cent of butterfat and not less than twenty-five and five-tenths per cent
of total milk solids. It may contain one or both of the following ingredients: (1) Disodium
phosphate or sodium citrate or both, or calcium chloride, added in a total quantity of
not more than one-tenth of one per cent by weight of the finished evaporated milk; and
(2) vitamin D in such quantity as increases the total vitamin D content to not less than
seven and five-tenths U.S.P. units per avoirdupois ounce of finished evaporated milk.
Such milk may be homogenized and shall be sealed in a container and so processed by
heat as to prevent spoilage. When vitamin D is present, as herein provided, the label on
the container shall bear the statement, "With Increased Vitamin D Content" or "Vitamin
D Content Increased". Such statement shall immediately and conspicuously precede or
follow the name "Evaporated Milk", without intervening written, printed or graphic
matter, wherever such name appears on the label so conspicuously as to be seen readily
under customary conditions of purchase.
(b) For the purpose of this section: (1) The word "milk" means cow's milk; (2) such
milk may be adjusted, before or after evaporation, by the addition or abstraction of
cream or sweet skim milk, or by the addition of concentrated sweet skim milk; (3) the
quantity of butterfat and the quantity of total milk solids shall be determined by methods
prescribed in the latest edition of "Official and Tentative Methods of Analysis of the
Association of Official Agricultural Chemists"; (4) vitamin D content may be increased
by the application of radiant energy or by the addition of a concentrate of vitamin D,
with any accompanying vitamin A when such vitamin D in such concentrate is obtained
from natural sources, dissolved in a food oil; but if such oil is not butterfat, the quantity
thereof added shall not be more than one-tenth of one per cent of the weight of the
finished evaporated milk; (5) the quantity of vitamin D shall be determined by the method
prescribed in the latest edition of the Pharmacopoeia of the United States of America,
with such modification of the method of feeding as is necessary for evaporated milk
instead of an oil.
(1951, S. 1740d; P.A. 77-214, S. 1; May 25 Sp. Sess. P.A. 94-1, S. 76, 130.)
History: P.A. 77-214 reduced butterfat and milk solids required in evaporated milk from seven and nine-tenths and
twenty-five and nine-tenths per cent respectively, to seven and five-tenths and twenty-five and five-tenths per cent; May
25 Sp. Sess. P.A. 94-1 made technical changes, effective July 1, 1994.
Sec. 22-155. Condensed milk. Plain condensed milk shall conform to the definition and standard of identity and be subject to the requirements for label statement of
optional ingredients prescribed for evaporated milk in section 22-154, except that: (a)
It shall not be processed by heat after being placed in the final container; (b) the container
for such milk may be unsealed; (c) disodium phosphate, sodium nitrate or calcium chloride shall not be added; and (d) such milk is intended for industrial and manufacturing
purposes.
(1951, S. 1741d.)
Sec. 22-156. Sweetened condensed milk. Sweetened condensed skimmed milk.
(a) Sweetened condensed milk is the food obtained by the partial removal of water only
from a mixture of milk and a safe and suitable nutritive carbohydrate sweetener. The
finished food shall contain not less than eight per cent by weight of milkfat and not less
than twenty-eight per cent of total milk solids. The quantity of nutritive carbohydrate
sweetener used in the food shall be sufficient to prevent spoilage. The food shall be
pasteurized and may be homogenized.
(b) Sweetened condensed skimmed milk is the food obtained by the partial removal
of water only from a mixture of skimmed milk and safe and suitable nutritive carbohydrate sweeteners. The finished food shall contain not more than five-tenths per cent by
weight of milkfat unless otherwise indicated and not less than twenty-four per cent by
weight of total milk solids. The quantity of nutritive carbohydrate sweeteners used in
the food shall be sufficient to prevent spoilage. The food shall be pasteurized and may
be homogenized.
(c) For the purpose of this section: (1) The word "milk" means cow's milk; (2) such
milk may be adjusted, before or after evaporation, by the addition or abstraction of
cream or sweet skim milk, or the addition of concentrated sweet skim milk; and (3)
butterfat shall be determined by the method prescribed in the latest edition of "Official
and Tentative Methods of Analysis of the Association of Official Agricultural
Chemists".
(1951, S. 1742d; P.A. 77-214, S. 2; P.A. 82-152, S. 1; P.A. 91-312, S. 18.)
History: P.A. 77-214 reduced milk solids and butterfat required in sweetened condensed milk from twenty-eight and
eight and five-tenths per cent, respectively to twenty-five and five-tenths and seven and five-tenths per cent; P.A. 82-152
redefined sweetened condensed milk and defined sweetened condensed skimmed milk to conform to the definition of
such products in federal regulations; P.A. 91-312 amended Subsec. (a) to replace "nutritive sweetener" with "nutritive
carbohydrate sweetener".
Sec. 22-157. Requirements for evaporated or condensed milk not otherwise
regulated. Evaporated, condensed or concentrated milk and milk products other than
those defined in sections 22-154, 22-155 and 22-156, not processed in a sealed container
and not otherwise defined by statute, shall be defined and regulations for them shall be
established by the Milk Regulation Board in accordance with the provisions of section
22-133.
(1951, S. 1743d.)
Sec. 22-158. Adulterated products. No person shall sell, exchange or offer or
expose for sale or exchange, or have in his possession with intent to sell or exchange, any
evaporated, condensed or sweetened condensed milk or sweetened condensed skimmed
milk as defined in sections 22-154, 22-155 and 22-156 or any other evaporated, condensed or concentrated milk or milk product defined in regulations of the Milk Regulation Board under section 22-157, which has been adulterated.
(1951, S. 1744d; P.A. 82-152, S. 2.)
History: P.A. 82-152 prohibited the sale of adulterated sweetened condensed skimmed milk.
Sec. 22-159. Skimmed milk or low fat milk. No person shall sell, or offer or
expose for sale, or have in his possession with the intent to mix with other dairy products
to be sold, milk from which the cream or any part thereof has been removed, unless the
product is defined in section 22-127 or by regulation of the board or otherwise provided
for in this chapter. Skimmed milk and low fat milk may be sold only in properly labeled
milk bottles or other approved containers.
(1949 Rev., S. 3195; 1961, P.A. 518, S. 6; 1963, P.A. 173, S. 2; 1969, P.A. 56, S. 2.)
History: 1961 act revised prohibition to allow sale of milk with cream removed if product is defined as required rather
than if it is "plainly labeled" and rephrased provision re sale of skimmed milk and applied it to low fat milk as well; 1963
act allowed sale of creamless milk if product is fortified low fat milk; 1969 act deleted reference to fortified low fat milk
and added reference to board regulations.
Annotations to former statute:
Power of municipality to enforce ordinance inconsistent with this section. 67 C. 550; 73 C. 407. This section held not
to prohibit the sale of milk with less than three and one-quarter per cent butterfat but more than one-half of one per cent
butterfat, and an intent to prohibit such sale cannot be inferred from the fact that milk with that butterfat content is not
included within the definition of skimmed milk in section 22-127. 148 C. 341.
Sec. 22-160. Milk powder, evaporated milk or cream. Foreign milk powder.
(a) No person shall sell or exchange, or offer for sale or exchange, or have in his possession with intent to sell or exchange, any milk powder or evaporated milk or cream except
in the original packages in which the same are packed by the manufacturer or maker
thereof, and each such package shall be plainly marked so as to show the contents thereof,
the ingredients composing such contents and identification of the processing plant.
(b) No person shall sell or exchange, or offer for sale or exchange, or have in his
possession with intent to sell or exchange, any milk powder in this state originating
from any country or area outside the United States unless such country or area is certified
to be free from rinderpest, African swine fever and foot and mouth disease by the United
States Department of Agriculture and the Commissioner of Agriculture.
(1949 Rev., S. 3197; 1967, P.A. 80; P.A. 76-148, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: 1967 act required that package be marked to identify processing plant; P.A. 76-148 added Subsec. (b) re sales
of milk powder from foreign country; 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.
Sec. 22-161. Penalties. Section 22-161 is repealed.
(1949 Rev., S. 3198; P.A. 76-148, S. 2; P.A. 91-312, S. 47.)
Sec. 22-162. Standard quality of cream. Civil penalty. (a) The term "cream", as
used in this chapter, means that portion of milk which rises to the surface of unagitated,
unadulterated milk while standing, or is separated from it by centrifugal force, and
contains not less than eighteen per cent of butterfats. Cream containing any foreign
substance shall be considered adulterated.
(b) Unless otherwise provided by regulation under section 22-133, cream with a
butterfat content of ten and one-half per cent or more but less than eighteen per cent
shall be termed "half and half"; cream with a butterfat content of eighteen per cent or
more but less than thirty per cent shall be labeled "light cream"; cream with a butterfat
content of thirty per cent or more but less than thirty-five per cent shall be labeled "light
whipping cream" or "medium or all purpose cream" and cream containing thirty-six
per cent or over of butterfat shall be labeled "heavy cream" or "heavy whipping cream".
(c) Standard quality milk, skimmed milk and cream may be used for standardizing
cream.
(d) No person shall sell or exchange, or offer for sale or exchange, or have in his
possession with intent to sell or exchange, any cream which is not of standard quality
or any cream which has been adulterated by the addition of any foreign substance, or
any cream containing less than ten and one-half per cent of butterfat.
(e) Any person who violates any provision of this section shall be assessed a civil
penalty in accordance with the provisions of section 22-7.
(1949 Rev., S. 3199; 1949, S. 1746d; 1957, P.A. 310; 521; 1961, P.A. 170; 1969, P.A. 56, S. 3; P.A. 85-119, S. 2; P.A.
91-312, S. 19; May 25 Sp. Sess. P.A. 94-1, S. 80, 130.)
History: 1961 deleted provisions limiting plate count bacterial colonies in unpasteurized cream to 200,000 per milliliter
and in pasteurized cream to 60,000 per milliliter; 1969 act added qualifying phrase "Unless otherwise provided by regulation
under section 22-133"; P.A. 85-119 reduced the ranges of permitted butterfat content for half and half, light cream, light
whipping cream and medium or all purpose cream; increased from ten to ten and one-half the butterfat content of any
cream that may be sold and raised the fine for first violations from one to two hundred dollars and established a penalty
for subsequent violations; P.A. 91-312 divided section into Subsecs., amended Subsec. (a) to increase from twelve to
eighteen per cent the minimum butterfat content of cream, amended Subsec. (b) to delete labeling designation of "extra
light cream, butterfat content not less than twelve per cent" for cream with a butterfat content of twelve per cent or more
but less than eighteen per cent, and amended Subsec. (e) to replace the criminal penalty of a fine of not more than two
hundred dollars for the first violation and not more than five hundred dollars for any subsequent violation with provision
for the assessment of a civil penalty; May 25 Sp. Sess. P.A. 94-1 made a technical change for accuracy, effective July 1, 1994.
Cited. 111 C. 440.
Sec. 22-162a. Eggnog beverages. License for processing for sale. (a) The Milk
Regulation Board shall adopt regulations in accordance with the provisions of chapter
54 establishing last sale dates and standards of identity and quality for eggnog beverages.
No person, firm or corporation shall process eggnog beverages for sale except in accordance with such regulations.
(b) Any person, firm or corporation processing eggnog beverages for sale shall
obtain a license from the Commissioner of Agriculture. The fee for such license shall
be established by the commissioner pursuant to section 22-128a. Each such license shall
expire on the thirtieth day of June next following the issuance thereof.
(P.A. 84-34, S. 1; P.A. 87-45; P.A. 91-312, S. 20; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 87-45 required the board to adopt regulations establishing last sale dates; P.A. 91-312 divided section
into Subsecs. and amended Subsec. (b) to replace the license fee of seventy-five dollars with a fee established by the
commissioner pursuant to Sec. 22-128a; 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.
Secs. 22-163 and 22-164. Milk or cream; containers. Printed notices. Sections
22-163 and 22-164 are repealed.
(1949 Rev., S. 3200, 3201; 1955, S. 1747d; 1961, P.A. 185; 518, S. 3; P.A. 91-312, S. 47.)
Sec. 22-165. Samples of milk, cream and milk products; analysis. Fees. (a) The
commissioner and his deputy, agents and assistants may take samples of milk, cream
or milk products from any producer, dealer, vendor, processor or manufacturer upon
tender of the market price thereof, and shall seal and mark such samples, and, upon
request of such producer, dealer, vendor, processor or manufacturer, or his agent, shall
seal and mark duplicate samples and leave the duplicate samples with such persons.
The official analysis of such samples shall be made by the Connecticut Agricultural
Experiment Station or the Laboratory Division of the Department of Public Health, or
any other laboratory approved for making such examinations.
(b) The commissioner shall collect from the dairy plant or milk dealer permittee a
fee or fees established by the commissioner pursuant to section 22-128a, sufficient to
cover the actual cost of bio-assays and chemical tests made on samples of milk, skimmed
milk, nonfat milk, fortified skimmed milk, or fortified nonfat milk to which vitamins,
minerals or any combination thereof have been added as approved by the Milk Regulation Board. Such fees shall be deposited in the General Fund. The dairy plant or milk
dealer permittee shall not be required to pay for more than four bio-assays, for any one
type of milk herein described, in any biennium, except when the samples fail to contain
the advertised unitage of vitamins and minerals. The commissioner may suspend the
dairy plant or milk dealer permit of any dealer who fails to pay such fees within sixty
days after being billed by the commissioner.
(1949 Rev., S. 3202; 1949, 1951, 1953, S. 1748d; 1959, P.A. 252, S. 1; 1961, P.A. 169; P.A. 77-614, S. 323, 610; P.A.
91-312, S. 21; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1959 act divided section into Subsecs., made collection of fees to cover cost of bio-assays mandatory rather
than optional by substituting "shall" for "may" and required that fees be deposited to general fund rather than set aside as
separate fund to defray expenses of bio-assays and chemical analyses; 1961 act required commissioner to collect fees
rather than Agricultural Experiment Station, replaced "Vitamin D milk, vitamins A and D skimmed milk and vitamin-mineral-fortified milk or other vitamins or vitamin-mineral-fortified milks" with "milk, skimmed milk, nonfat milk, fortified skimmed milk, or fortified nonfat milk to which vitamins, minerals or any combination thereof have been added" and
added provision allowing commissioner to suspend permits of those who fail to pay fees within sixty days after billing;
P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 91-312
amended Subsec. (b) to provide that the fee or fees for bio-assays and chemical tests shall be "established by the commissioner pursuant to Sec. 22-128a"; P.A. 93-381 replaced department of health services with department of public health
and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 22-166. Sale of milk from emaciated or diseased animals. Civil penalty.
Any person who sells or exposes for sale milk, or any product of milk, from an animal
which has reacted to the tuberculin test or which is emaciated or which shows physical
symptoms of disease, which disease may, or may be reasonably suspected to, affect the
healthfulness of such milk or any product thereof, after such animal has been adjudged
by the commissioner or his deputy or agent to be so emaciated or diseased, shall be
assessed a civil penalty in accordance with the provisions of section 22-7.
(1949 Rev., S. 3203; 1951, S. 1749d; P.A. 91-312, S. 22; May 25 Sp. Sess. P.A. 94-1, S. 79, 130.)
History: P.A. 91-312 replaced the criminal penalty of a fine of not more than twenty-five dollars or imprisonment of
not more than thirty days or both with a provision for the assessment of a civil penalty; May 25 Sp. Sess. P.A. 94-1 made
a technical change for accuracy, effective July 1, 1994.
Cited. 111 C. 440.
Sec. 22-167. Local regulations for the sale of milk. No provision of section 22-133 shall affect the authority of any town, city or borough to enact ordinances concerning
the sale or distribution, within its limits, of milk which may be detrimental to public
health. In any town, city or borough where no local system of milk and cream control
is provided for by charter, the local director of health or board of health may present,
at a meeting of the electors warned and held for such purpose, proposed rules and regulations concerning the inspection of dairies and the production, care, handling, marketing
or sale of milk or cream, the protection of the public from the use of milk or cream
which may be detrimental to the public health and the granting of licenses to milk dealers.
Upon approval by the town, city or borough, such rules and regulations shall be enforced
in the town, city or borough by the director of health. Amendments of such rules and
regulations shall be made in accordance with the procedure provided for their adoption.
Such local directors of health or boards of health may revoke any license granted in
accordance herewith after due notice and hearing for violation of any such rules and
regulations. Any person who produces, handles, markets or sells milk or cream within
the limits of any town, city or borough in which such rules and regulations are in effect,
without a license as hereinbefore provided, shall be fined not more than one hundred
dollars or imprisoned not more than thirty days or both. Any person aggrieved by the
failure of the local director of health or board of health to grant a license in accordance
with the foregoing provisions or by the action of such director of health or board in
revoking a license may appeal from the action of such director of health or board to the
Milk Regulation Board in accordance with the provisions of sections 22-169 and 22-170.
(1949 Rev., S. 3213; 1957, P.A. 13, S. 80; P.A. 77-614, S. 323, 610; P.A. 81-147, S. 1.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A.
81-147 repealed the requirement that proposed local rules and regulations receive approval of the department of health
services prior to enactment.
Cited. 67 C. 550; 73 C. 407. Local ordinance requiring milk to be sold in sealed bottles valid. 91 C. 69. Ordinance of
town prohibiting sale of raw milk in conflict with statute held invalid. 111 C. 433.
Sec. 22-168. Damages. Each local official issuing an order prohibiting the sale of
milk shall ascertain the average daily quantity of milk produced by the cows or goats
of each person affected by such order of prohibition, and the municipality wherein such
sale is prohibited shall pay damages for the value of the milk which such person has
been unable to sell because of such order, during the period of prohibition, upon proof
that, at the time such order was issued, such milk was fit for such consumption and the
premises where such milk was produced were free from contagious disease. Any person
aggrieved by such order, in the event of failure to agree with the municipality as to the
value of the milk produced during such period, may collect the value thereof from such
municipality.
(1949 Rev., S. 3206.)
Sec. 22-169. Appeals from local authorities. Any person aggrieved by an order
issued by any local official authorized to prohibit the sale of milk or cream in any town,
city or borough may appeal from such order to the Milk Regulation Board. Such appeal
shall be taken by filing in the office of said board a copy of the order prohibiting such
sale, with a brief statement of such grievance. Said board shall, within one week after
the receipt of such appeal, ascertain the methods employed by the person taking such
appeal in producing, handling or distributing milk or cream, and shall cause an inspection
of all implements and equipment used in the production and handling of the same, the
cows from which, and barn and premises where, such milk or cream is produced or
procured and, after such inspection, shall forthwith affirm, modify or rescind such order,
but the original order shall remain in force pending such appeal.
(1949 Rev., S. 3209.)
Sec. 22-170. Appeal from board. Any person aggrieved by any order made by
said board may appeal therefrom in accordance with the provisions of section 4-183.
(1949 Rev., S. 3210; 1971, P.A. 179, S. 18; 870, S. 72; P.A. 74-183, S. 243, 291; P.A. 76-436, S. 210, 681; P.A. 77-603, S. 93, 125.)
History: 1971 acts replaced provision which had required service of petition upon attorney general at least twelve days
before next return day or upon judge ten days before hearing date with provision requiring that appeals be returned between
twelve and thirty days after service and, effective September 1, 1971, replaced superior court with court of common pleas,
except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 74-183 added
reference to judicial districts and required that petitions be taken to court rather than to board, effective December 31,
1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 deleted reference
to appeals re rulings or regulations and replaced previous provisions detailing appeal procedure with statement that appeals
shall be in accordance with Sec. 4-183.
Sec. 22-171. Filled milk. Section 22-171 is repealed.
(1949 Rev., S. 3214; 1961, P.A. 180; P.A. 91-312, S. 47.)
Sec. 22-172. Registration of producers. Permits. Penalty. (a) Any person, firm
or corporation engaged in the production of milk in Connecticut, which milk or the
products thereof are to be used or disposed of elsewhere than on the premises where such
milk is to be produced, and any person, firm or corporation engaged in the production of
milk outside Connecticut for sale within Connecticut, shall register with the Commissioner of Agriculture in a manner prescribed, and on forms furnished, by the commissioner for such registration. Such registration shall be renewed annually, during the first
six months of the calendar year.
(b) Milk shall not be used, sold or disposed of away from the dairy farm located in
Connecticut without a permit from the commissioner. Milk shall not be sold directly or
indirectly into Connecticut from a dairy farm located outside Connecticut without a
permit from the commissioner.
(c) Such permits shall be designated "Dairy Farm or Milk Producer Permit" and
may be suspended or revoked by the commissioner for cause.
(1949 Rev., S. 3215; 1953, S. 1758d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 78-358,
S. 4, 6; P.A. 79-200; P.A. 91-312, S. 23; June Sp. Sess. P.A. 91-12, S. 34, 55; P.A. 94-171; June 30 Sp. Sess. P.A. 03-6,
S. 146(e); P.A. 04-189, S. 1.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural
resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of
agriculture; P.A. 78-358 referred specifically to Subsec. (a) of Sec. 22-173 rather than to whole section as previously; P.A.
79-200 changed month for renewing registration from April to January; P.A. 91-312 divided section into Subsecs., required
the registration to be renewed annually during the first six months of the calendar year rather than during the month of
January, deleted the requirement that the commissioner furnish copies of dairy farm permits or a certified list thereof to
be kept on file by the dairy plant or milk dealer, and provided that the penalty for a violation shall be a civil penalty rather
than "the penalty prescribed by section 22-203"; June Sp. Sess. P.A. 91-12 amended Subsec. (a) by establishing a registration
fee for the sale, use or disposal of milk; P.A. 94-171 amended Subsec. (a) to delete twenty-five-dollar annual fee for
registration and deleted Subsec. (d) re penalties for violation of this section; 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.
See Sec. 22-301 re requirement that milk herd must test negative for tuberculosis and brucellosis before issuance
of permit.
Sec. 22-173. Registration of dealers. Permits. Labeling. Civil penalty. Information required. (a) Each person, firm or corporation engaged in the receiving, handling, distribution or sale of milk or cream, which milk or cream, in whole or in part,
is intended for bottling, manufacturing, processing, distribution or sale in Connecticut,
shall register with the Commissioner of Agriculture in a manner prescribed by and on
forms furnished by the commissioner. Such registration shall be renewed annually during the month of April. Such registered person, firm or corporation shall not bottle,
manufacture, process, distribute or sell milk or cream in Connecticut without a permit
from the commissioner. Such permits shall be designated "Dairy Plant or Milk Dealer
Permit" and may be suspended or revoked by the commissioner for cause. Each dairy
plant or milk dealer permittee shall have on file and make available upon request of the
commissioner, a certified list of all dairy farms from which milk is received. Only fresh,
wholesome milk shall be received from the dairy farm permittees. The commissioner
shall require all milk, milk products or substances received, handled, used, stored, sold
or offered for sale by any dairy plant or milk dealer permittee to be labeled or otherwise
identified by the common name of the product.
(b) Any dairy plant or milk dealer permittee who receives milk or cream, which
milk or cream, in whole or in part, is intended for bottling, manufacturing, processing,
distribution or sale in Connecticut, from any person, firm or corporation who does not
have the permit required by section 22-172, may be assessed a civil penalty in accordance
with the provisions of section 22-7.
(c) Any person, firm or corporation registered pursuant to subsection (a) of this
section shall provide the commissioner with such information as he deems necessary
to enforce the provisions of this chapter and the regulations of the Milk Regulation
Board.
(1949 Rev., S. 3216; 1949, 1951, 1953, S. 1759d; 1957, P.A. 313, S. 1; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1967, P.A.
163, S. 2; 1971, P.A. 872, S. 446, 448; P.A. 78-358, S. 5, 6; P.A. 83-40; P.A. 91-312, S. 24; May 25 Sp. Sess. P.A. 94-1,
S. 78, 130; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural
resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1967 act deleted qualifying phrase "located in Connecticut, or located outside Connecticut and
holding a permit under Sec. 22-196" following "Each person, firm or corporation"; 1971 act replaced commissioner of
agriculture and natural resources with commissioner of agriculture; P.A. 78-358 added Subsec. (b) re fine for receiving
milk or cream from person, firm or corporation lacking required permit; P.A. 83-40 added Subsec. (c) authorizing the
commissioner to request information from registered dealers to enforce statutes re milk and the regulations of the Milk
Regulation Board; P.A. 91-312 amended Subsec. (a) to require each permittee to have on file "and make available upon
request of the commissioner, a certified list of all dairy farms from which milk is received" rather than to have on file "a
copy of the permits, or a certified list thereof, of all dairy farms from which milk is received", and amended Subsec. (b)
to replace the penalty of a fine of not less than one thousand nor more than five thousand dollars with provision for the
assessment of a civil penalty; May 25 Sp. Sess. P.A. 94-1 made a technical change in Subsec. (b) for accuracy, effective
July 1, 1994; 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.
Sec. 22-174. Out-of-state cream source permits. Inspection of cream source.
Section 22-174 is repealed, effective July 1, 2001.
(1957, P.A. 313, S. 2; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 86-4, S. 1, 2; P.A. 01-138,
S. 7, 8.)
Sec. 22-175. Inspection of dairy farms and milk plants. The commissioner shall
inspect regularly and as frequently as possible the dairy farms and milk plants from
which milk is regularly shipped to dealers within the state for sale therein in fluid form.
The commissioner shall endeavor to maintain a sufficient number of dairy farms and
dairy plants subject to regular inspections and approved for shipments of milk to be sold
in fluid form in Connecticut markets so that consumers of the state may be assured of
an adequate supply of fluid milk at all times. The commissioner shall have the right to
inspect the producing dairy farm or the processing dairy plant and to sample the product
of such dairy farm or dairy plant at any time or place. The expense incurred for the
inspecting of any dairy farm, whether within or without the state, which produces fresh
milk for daily use in this state shall be borne by the state. The expense incurred for the
inspection of dairy farms and dairy plants which produce or process milk which is to
be used for the production of cream for this state shall be borne by the cream source
permittee.
(1949 Rev., S. 3217; 1957, P.A. 316; P.A. 90-66, S. 2; P.A. 99-110, S. 3.)
History: P.A. 90-66 added Subsec. (b) re exemption from inspection requirements of processing plants which ship only
aseptically processed and ultrapasteurized milk and milk products; P.A. 99-110 deleted former Subsec. (b) which had
required adoption of regulations regarding aseptically processed and ultrapasteurized milk.
Purpose of statute is to secure a safe supply of milk, whether it comes from within or without the state. 129 C. 327.
Sec. 22-176. Milk shortage. Temporary permits. Whenever there is a shortage
of milk as a result of an unavoidable occurrence or other emergency which has caused
a falling-off in the receipts of milk from approved sources, or whenever the total quantity
of milk from approved sources included in the pool computation each month of the
basic uniform price for all dealers regulated by the Federal Milk Order applicable to
Connecticut during the months of July and August has been less than one hundred six
per cent of the total quantity sold therein in fluid form during those corresponding months
and whenever the total quantity of milk from approved sources included in the pool
computation each month of the basic uniform price for all dealers regulated by the
Federal Milk Order applicable to Connecticut during any other month of the year has
been less than one hundred fifteen per cent of the quantity sold by dealers within the
state in fluid form during that month, the commissioner shall announce that a state of
emergency exists with respect to the milk supply. At such times the commissioner or
his designee may relieve the shortage through the issuance of temporary permits, signed
by the commissioner or his designee, upon application by dealers, which will authorize
a dealer to receive milk from sources which have not been approved for the shipment
of fluid milk to Connecticut, provided such milk, upon arrival at the dealer's plant in a
Connecticut market, shall meet the standards pertaining to temperature, bacteriological,
sediment, butterfat and total solids content prescribed by this chapter for milk to be sold
in fluid form in this state.
(1949 Rev., S. 3218; 1961, P.A. 225; 1963, P.A. 270; P.A. 78-52.)
History: 1961 act allowed oral permission as form of temporary permit, deleted provision limiting temporary permit
to remainder of current calendar month and deleted provision allowing extensions of such permits on month-to-month
basis; 1963 act replaced references to total quantity of milk received by dealers in state with references to quantity "included
in the pool computation each month of the basic uniform price for all dealers regulated by the federal milk order applicable
to Connecticut" and used months of July and August rather than November and December as basis for calculations; P.A.
78-52 allowed commissioner's designee to issue temporary permits, deleted oral permission as form of temporary permits
and required that they be signed by commissioner or his designee.
See Sec. 22-182a re commissioner's substitute computation if Federal Milk Order suspended or terminated.
Sec. 22-177. Investigation of potential sources of supply. Whenever such a
shortage of milk occurs, unless its cause is temporary and such shortage is of an emergency nature, the commissioner shall investigate potential sources of supply for Connecticut markets, and shall solicit requests and recommendations from dealers and others
with respect to the dairy farms and milk plants from which additional supplies of milk
may be obtained. As soon thereafter as available personnel and resources permit, he
shall inspect, from among the dairy farms and milk plants which his investigations have
revealed to him are potential sources of supply for Connecticut markets or which have
been recommended to him as such, a sufficient number of additional farms to insure
that the total supply of milk included in the pool computation each month of the basic
uniform price for all dealers regulated by the Federal Milk Order applicable to Connecticut from dairy farms and milk plants approved for the shipment of milk to be sold in
fluid form in this state will exceed the total quantity of milk sold in the state in fluid
form by more than fifteen per cent during all months of the year other than July and
August, and by more than six per cent during each of those months. In deciding whether
or not additional dairy farms and milk plants, in excess of the number required pursuant
to this section, should be inspected and approved for the shipment of milk to be sold in
fluid form within the state, the commissioner shall take into account the quantity of
fluid milk normally consumed as such within the state and the current trends and seasonal
and other variations affecting the consumption of milk; the quantity of milk normally
and regularly delivered by the dairy farms and milk plants currently approved for the
shipment of milk to be sold in Connecticut markets and the current trends and normal
seasonal variations in such deliveries; the percentage of total quantity of milk which
such farms and milk plants will agree to deliver for the Connecticut market during
periods of shortage when required by the commissioner to do so; the frequency of current
inspections of the farms and plants already approved for shipment of fluid milk; the
personnel and facilities available for the inspection of additional farms and plants; and
the probable effects upon the frequency and adequacy of current inspections, and hence
upon the quality and safety of the milk supply, of inspecting a larger number of farms
and plants.
(1949 Rev., S. 3219; 1949, S. 1760d; 1963, P.A. 269.)
History: 1963 act replaced reference to supply of milk "delivered to dealers in Connecticut" with supply of milk
"included in the pool computation each month of the basic uniform price for all dealers regulated by the federal milk
order applicable to Connecticut" and used months of July and August rather than November and December as basis for
calculations.
See Sec. 22-182a re substitution of commissioner's computation if Federal Milk Order suspended or terminated.