Sec. 21a-156. (Formerly Sec. 19-288). Regulations.
Sec. 21a-157. (Formerly Sec. 19-289). Communicable diseases bar to employment. Examination.
Sec. 21a-158. (Formerly Sec. 19-290). Orders of commissioner.
Sec. 21a-160. Operation of food warehouse. License. Fee.
Sec. 21a-152. (Formerly Sec. 19-284). Licensing requirements for bakeries, food warehouses and food manufacturing establishments. Exemptions. Regulations. License revocation. Certificate of approval. (a) Each bakery, food warehouse and food manufacturing establishment shall be designed, constructed and operated as the Commissioner of Consumer Protection directs pursuant to sections 21a-151 to 21a-160, inclusive, and chapter 418. The provisions of this subsection requiring the commissioner to direct the design and construction of a food warehouse shall not be required for a food warehouse that was registered in good standing pursuant to section 21a-160 prior to October 1, 2019, provided the warehouse is in good repair so that stored food is properly protected and the premises is free of pests. Each bakery, food warehouse and food manufacturing establishment remains subject to the provisions of chapter 418.
(b) No person, firm or corporation shall operate a bakery, food warehouse or food manufacturing establishment with the intent of producing or storing products for human consumption without having obtained from said commissioner a license. Application for such license shall be made on forms, furnished by the commissioner, showing the name and address of such bakery, food warehouse or food manufacturing establishment. Bakeries shall show the number of persons engaged in the production of bread and pastry products, excluding porters, dishwashers, drivers, sales personnel and other employees not directly engaged in such production. The commissioner shall cause an inspection to be made of the premises described in the application and, if conditions are found satisfactory, such license shall be issued. No person, firm or corporation operating a bakery, food warehouse or any agent, servant or employee thereof, shall refuse, hinder or otherwise interfere with access by the commissioner or his authorized representative for the purpose of conducting an inspection. No person, firm or corporation shall (1) sell or distribute bread, cakes, doughnuts, crullers, pies, cookies, crackers, spaghetti, macaroni or other food products, including frozen or canned baked goods made in whole or in part of flour or meal produced in any bakery located within or beyond the boundaries of this state, (2) sell or distribute food produced in a food manufacturing establishment located within the boundaries of this state, or (3) store any food for wholesale distribution in a food warehouse, unless such bakery, food warehouse or food manufacturing establishment has obtained a license from said commissioner. Facilities licensed pursuant to chapter 417 as food vendors and frozen dessert vendors, and all facilities licensed pursuant to chapters 419a and 430 shall be exempt from such licensing requirement. The commissioner may promulgate regulations excepting out-of-state manufacturers of products, commonly known as cookies, crackers, brown bread or plum puddings in hermetically sealed containers and other similar products, from the license provisions of this section. Such license shall be valid for one year and a fee therefor shall be collected as follows: From a person, firm or corporation owning or conducting a bakery in which there are four persons or fewer engaged in the production of bread and pastry products, twenty dollars; in which there are not fewer than five nor more than nine persons so engaged, forty dollars; in which there are not fewer than ten nor more than twenty-four persons so engaged, one hundred dollars; in which there are not fewer than twenty-five nor more than ninety-nine persons so engaged, two hundred dollars; in which there are more than one hundred persons so engaged, two hundred fifty dollars. The fee for a food manufacturer license shall be twenty dollars annually. No prior inspection by the commissioner shall be necessary for a food warehouse registered under section 21a-160 prior to October 1, 2019, which is required to transfer its registration to a new license under the provisions of this subsection.
(c) A bakery, food warehouse or food manufacturer license may be revoked by said commissioner for violation of sections 21a-151 to 21a-160, inclusive, after a hearing conducted in accordance with chapter 54. In addition, a bakery or food manufacturer license may be summarily suspended pending a hearing if said commissioner has reason to believe that the public health, safety or welfare imperatively requires emergency action. Within ten days following the suspension order said commissioner shall cause to be held a hearing which shall be conducted in accordance with the provisions of said chapter 54. Following said hearing said commissioner shall dissolve such suspension or order revocation of the bakery, food warehouse or food manufacturer license. Any person, firm or corporation whose license has been revoked may make application for a new license and said commissioner shall act on such application within thirty days of receipt. The costs of any inspections necessary to determine whether or not an applicant, whose license has been revoked, is entitled to have a new license granted shall be borne by the applicant at such rates as the commissioner may determine. Said commissioner may refuse to grant any bakery, food warehouse or food manufacturer license if he or she finds that the applicant has evidenced a pattern of noncompliance with the provisions of sections 21a-151 to 21a-160, inclusive. Prima facie evidence of a pattern of noncompliance shall be established if said commissioner shows that the applicant has had two or more bakery, food warehouse or food manufacturer licenses revoked.
(d) All vehicles used in the transportation of bakery or food warehouse products shall be kept in a sanitary condition and shall have the name and address of the bakery, or food warehouse owner, operator or distributor legibly printed on both sides. Each compartment in which unwrapped bakery or food warehouse products are transported shall be enclosed in a manner approved by the commissioner.
(e) The provisions of this section shall not prevent local health authorities from enforcing orders or regulations concerning the sanitary condition of bakeries.
(f) Any person who desires to obtain a license under the provisions of sections 21a-151 to 21a-160, inclusive, shall first obtain and present to the commissioner a certificate of approval of the location for which such license is desired. The certificate of approval shall be obtained from the zoning commission, planning and zoning commission or local authority of the town, city or borough in which the facility is located or is proposed to be located. A certificate of approval shall not be required in the case of the transfer of the last issued license from one person to another or in the case of a renewal of a license by the holder of the license. The commissioner shall not issue any license under the provisions of sections 21a-151 to 21a-160, inclusive, for which a certificate of approval is required until such certificate of approval is obtained by the license applicant. The provisions of this subsection requiring a certificate of approval from the zoning commission or other local authority shall not apply to any food warehouse that was registered in good standing pursuant to section 21a-160 prior to October 1, 2019.
(1949 Rev., S. 4005; 1949, S. 2110d; 1959, P.A. 389, S. 2; 412, S. 38, 42; P.A. 76-417, S. 1; P.A. 84-97, S. 1; P.A. 94-36, S. 28, 42; 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. 286; P.A. 12-95, S. 2; P.A. 14-126, S. 2; P.A. 19-177, S. 3.)
History: 1959 acts doubled license fees and replaced commissioner of food and drugs with commissioner of consumer protection; P.A. 76-417 prohibited production, packaging etc. of bakery products “under unsanitary conditions whereby they may be rendered unwholesome or otherwise injurious to health”, forbade interference with inspections, revised fee schedule so that $50 fee applies to bakeries with 10 to 24 bakers and imposed additional categories for $100 and $200 fees and rewrote provisions re grounds for license revocation, procedure for revocation and issuance of new license; Sec. 19-284 transferred to Sec. 21a-152 in 1983; P.A. 84-97 divided section into Subsecs., substituted “lavatory facilities” for “water closet”, specified the location of lavatory facilities, the height of bakery rooms and updated requirements re the material of which preparation rooms are constructed, allowed for the use of plastic refuse containers, required running water to be “under pressure”, and required the presence of a sink suitable for washing hands in preparation rooms; P.A. 94-36 amended Subsec. (b) to eliminate the reference to the “July first to June thirtieth” license year, 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; June Sp. Sess. P.A. 09-3 amended Subsec. (b) to increase fees; P.A. 12-95 deleted former Subsec. (a) re bakery specifications, added new Subsec. (a) re food manufacturing establishment design, construction and operation, added provisions re food manufacturing establishments, Ch. 417, 419a and 430 exemptions and food manufacturer license fee in Subsec. (b), added references to food manufacturing establishments in Subsecs. (c) and (e) and added Subsec. (f) re certificate of approval, effective July 1, 2012; P.A. 14-126 amended Subsec. (a) by adding “bakery and”, effective June 6, 2014; P.A. 19-177 amended Subsec. (a) to add provisions re food warehouse and add reference to Sec. 21a-160, amended Subsec. (b) to add references to food warehouse, designate existing provisions re sale or distribution of certain foods as Subdivs. (1) and (2), add Subdiv. (3) re storing food for wholesale distribution in food warehouse and add provision re prior inspection for food warehouse registered under Sec. 21a-160, amended Subsec. (c) to add references to food warehouse and add references to Sec. 21a-160, amended Subsec. (d) to add references to food warehouse, amended Subsec. (e) to delete reference to food manufacturing establishments, amended Subsec. (f) to add references to Sec. 21a-160 and add provision re certificate of approval from zoning commission, and made technical changes.
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Sec. 21a-156. (Formerly Sec. 19-288). Regulations. The commissioner shall, from time to time, after inquiry and public hearing, adopt and promulgate regulations to supplement and give full effect to the provisions of sections 21a-151 to 21a-160, inclusive. Such regulations, among other things, may establish sanitary requirements pertaining to the manufacture and distribution of bread and pastry products. Such regulations may also cover provisions restricting the sale of dangerous, harmful and unwholesome bread and pastry products, the labeling of bread and pastry products, the inspection of bakeries and the establishment of costs for special inspections. The commissioner shall annually review the amounts of bakery and food warehouse license fees referred to in subsection (b) of section 21a-152 and shall increase such fees in order to reflect the costs to the department of carrying out the provisions of sections 21a-151 to 21a-160, inclusive.
(1949, S. 2080d; June Sp. Sess. P.A. 91-12, S. 46, 55; P.A. 19-177, S. 4.)
History: Sec. 19-288 transferred to Sec. 21a-156 in 1983; June Sp. Sess. P.A. 91-12 authorized the commissioner to annually review license fees and to increase such fees to reflect the department's costs; P.A. 19-177 added references to Sec. 21a-160 and reference to food warehouse.
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Sec. 21a-157. (Formerly Sec. 19-289). Communicable diseases bar to employment. Examination. No employer shall knowingly permit to work in his or her bakery, food warehouse or food manufacturing establishment any person who is affected with any pathogen that is contained in the Centers for Disease Control and Prevention's “List of Infectious and Communicable Diseases which are Transmitted Through the Food Supply”, as amended from time to time, except in those cases in which the director of health has given written authorization stating that the public health is not endangered, and each employer shall maintain himself or herself and his or her employees in a clean and sanitary condition, with clean, washable outer clothing, while engaged in the manufacture, handling or sale of food products. The commissioner or his or her authorized agents may order any person employed in a bakery, food warehouse or food manufacturing establishment to be examined by a licensed physician if he or she has reason to believe that such employee has a condition that may transmit a food-borne illness. No person shall be allowed to smoke in a bakery, food warehouse or food manufacturing establishment while in the performance of his or her duty.
(1949 Rev., S. 4007; 1949, S. 2111d; P.A. 12-95, S. 3; June 12 Sp. Sess. P.A. 12-2, S. 121; P.A. 19-177, S. 5.)
History: Sec. 19-289 transferred to Sec. 21a-157 in 1983; P.A. 12-95 added references to food manufacturing establishment, replaced provision re various disease and communicable skin affection with provision re pathogens contained in Center for Disease Control's list and made technical changes, effective July 1, 2012; June 12 Sp. Sess. P.A. 12-2 made a technical change, effective July 1, 2012; P.A. 19-177 added references to food warehouse.
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Sec. 21a-158. (Formerly Sec. 19-290). Orders of commissioner. The owner, agent or lessee of any property used as a bakery, food warehouse or food manufacturing establishment shall, within thirty days after the service of notice upon him or her of an order issued by the Commissioner of Consumer Protection, comply therewith or cease to use or allow the use of such premises as a bakery, food warehouse or food manufacturing establishment. Such notice shall be in writing and may be served upon such owner, agent or lessee, either personally or by mail, and a notice by registered or certified letter, mailed to the last-known address of such owner, agent or lessee, shall be sufficient service.
(1949 Rev., S. 4008; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 12-95, S. 4; P.A. 19-177, S. 6.)
History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-290 transferred to Sec. 21a-158 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. 12-95 added references to food manufacturing establishment and made a technical change, effective July 1, 2012; P.A. 19-177 added references to food warehouse.
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Sec. 21a-159. (Formerly Sec. 19-291). Penalty. Temporary or permanent injunction. Notice and hearing. Warning citation. Civil penalty. (a) Any person who violates any provision of sections 21a-151 to 21a-160, inclusive, or any regulation made thereunder, or fails to comply with an order of the Commissioner of Consumer Protection, shall (1) for a first offense, be fined not more than two hundred fifty dollars, and (2) for any subsequent offense, be guilty of a class D misdemeanor.
(b) The commissioner may apply to the Superior Court for and such court may, upon hearing and for cause shown, grant a temporary or permanent injunction enjoining any person from operating a bakery, food warehouse or food manufacturing establishment without a license issued in accordance with sections 21a-151 to 21a-160, inclusive, irrespective of whether or not there exists an adequate remedy at law. The commissioner also may apply to the Superior Court for, and such court shall have jurisdiction to grant, a temporary restraining order pending a hearing. Such application for injunctive or other appropriate relief shall be brought by the Attorney General.
(c) The Commissioner of Consumer Protection, after providing notice and conducting a hearing in accordance with the provisions of chapter 54, may issue a warning citation or impose a civil penalty of not more than one hundred dollars for the first offense and not more than five hundred dollars for each subsequent offense on any person who violates any provision of sections 21a-151 to 21a-160, inclusive, or any regulation adopted pursuant to section 21a-156.
(1949 Rev., S. 4009; 1949, S. 2112d; 1959, P.A. 412, S. 38, 42; P.A. 76-417, S. 2; P.A. 84-97, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 12-80, S. 147; 12-95, S. 5; P.A. 19-177, S. 7.)
History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; P.A. 76-417 added provisions re commissioner's application for injunctions and restraining orders; Sec. 19-291 transferred to Sec. 21a-159 in 1983; P.A. 84-97 divided section into Subsecs. and made technical change; 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. 12-80 amended Subsec. (a) to rephrase provisions, insert Subdiv. designators (1) and (2) and replace penalty of a fine of not more than $50 for first offense, a fine of not more than $100 or imprisonment of not more than 10 days for second offense and a fine of not more than $200 and imprisonment of not more than 30 days for subsequent offense with a fine of not more than $250 for first offense and a class D misdemeanor for subsequent offense; P.A. 12-95 added reference to food manufacturing establishment in Subsec. (b) and added Subsec. (c) re warning citation and civil penalty, effective July 1, 2012; P.A. 19-177 added references to Sec. 21a-160 and references to food warehouse.
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Sec. 21a-160. Operation of food warehouse. License. Fee. No person, firm or corporation shall operate a food warehouse without having obtained a license from the Commissioner of Consumer Protection. Application for a license shall be on forms prescribed by the commissioner. The commissioner shall issue a license to an applicant who has completed such forms to the satisfaction of the commissioner and has paid the license fee. A license shall be valid for one year and the fee for such license shall be twenty dollars.
(P.A. 14-126, S. 3; P.A. 19-177, S. 8.)
History: P.A. 14-126 effective June 6, 2014; P.A. 19-177 replaced references to certificate of registration with references to license.
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