Regs., Conn. State Agencies Title 22 — Agriculture. Domestic Animals

Department of Agriculture Department of Agriculture

22-6e Procedures to Apply for Use of Vacant Public Land for Gardening or Agricultural Use, Establishment of Fees for Permits and Requirements for the Use of Such Lands

Regs., Conn. State Agencies § 22-6e-1 Procedure for inventory of state owned public lands for gardening or agricultural use

(a) The Commissioner of Agriculture shall compile a list of vacant public land owned by the state which may be feasible for gardening or agricultural use by July 1st of each year. Such list shall be compiled by a canvas of state agencies that administer land resources and in consultation with the Commissioner of Public Works. Such list shall include the following information for each property listed:

(1) Its location and total acreage.

(2) Any information on past, present and potential gardening or agricultural use that may be available.

(3) Any limiting conditions that may be placed on the property that will affect its gardening or agricultural use.

(4) The date the property may be made available for gardening or agricultural use.

(b) Land feasible for gardening or agricultural use shall have the following qualifications:

(1) As to land to be used for agricultural use, contain arable land of an acreage that would enable the property to be operated as an economically feasible farm unit.

(2) Be designated by the commissioner of the agency with the primary responsibility for administering the land as vacant and feasible with respect to availability for gardening or agricultural use.

(3) Contain soil types suitable for gardening or agricultural use as defined as ‘agriculture' in subsection (q) of section 1-1 of the general statutes and have such other characteristics with respect to size, condition, topography or location as makes the land suitable for one or more of the activities set forth in the definition of ‘agriculture' pursuant to subsection (q) of section 1-1 of the general statutes.

History

• Adopted effective August 8, 1995

Regs., Conn. State Agencies § 22-6e-2 Procedure for application to use available vacant public land designated by the commissioner as feasible for gardening or agricultural use

(a) The Commissioner of Agriculture, in making available vacant public land for gardening or agricultural use, shall solicit bids for permits to use available vacant public lands.

(b) Bids shall be made on a form supplied by the Commissioner of Agriculture and shall include the following information:

(1) Name and address of the person or organization seeking to use the vacant public land.

(2) A written description and plan for any gardening or agricultural use that will be conducted on the vacant public land.

(3) The annual fee the applicant proposes to pay to use the vacant public land provided no such fee.

(4) The period of time during which the applicant wishes to use the vacant public land.

(5) How the proposed use meets any limiting conditions placed on the land by any agency of the State of Connecticut.

(c) Notice of invitation to bid shall be published in a newspaper having a general circulation encompassing the municipality in which the land is located at least two weeks prior to the closing of the acceptance of bids.

(d) The Commissioner of Agriculture shall review the bids. The Commissioner of Agriculture may then award the permit based upon the following criteria:

(1) The fee offered for use of the vacant public land in the case of land for agricultural use.

(2) The suitability of the proposed gardening or agricultural use to the vacant public land being offered having regard to the nature of the proposed activity and the size, condition, topography and location of the property.

(3) The compatibility of the proposed gardening or agricultural use of the vacant public land with the limiting conditions set on the land and the land use goals of the agency with the administrative responsibility for the vacant public land.

(4) The compliance history of the applicant with respect to any permit previously issued to him pursuant to this regulation.

(e) The Commissioner of Agriculture reserves the right to reject any and all bids based on one or more of the above criteria.

History

• Adopted effective August 8, 1995

Regs., Conn. State Agencies § 22-6e-3 Permits for use of vacant public land for gardening or agricultural use

(a) Permits shall include the following:

(1) Description of the land, the gardening or agricultural use(s) and the permit period.

(2) The annual fee for land for agricultural use.

(3) Limiting conditions of use, if any.

(4) Signature of the permittee.

(5) Signature of the Commissioner of Agriculture.

(6) Signature of the commissioner of the agency administering the land.

(7) Agreement by the permittee to indemnify and save harmless the state and all its officers, agents and employees against suits and claims of liability of each name and nature arising out of, or in consequence of the use of vacant public land.

(b) No permit shall be valid unless and until approved by the Attorney General as to form, including legal sufficiency.

History

• Adopted effective August 8, 1995

Regs., Conn. State Agencies § 22-6e-4 Restrictions on use

No land permitted for gardening or agricultural use shall be used for any purposes other than those allowed under such permit and in conformity with the plan and description pursuant to Section 22-6e-2 (ii) and as it may thereafter be amended with the approval of the Commissioner of Agriculture.

History

• Adopted effective August 8, 1995

Regs., Conn. State Agencies § 22-6e-5 Bonds and liability insurance

The Commissioner of Agriculture may require bonds or liability insurance before the issuance of any permit if the Commissioner deems such protection is needed to save the State harmless with respect to any potential claims under such terms and in such amounts as the Commissioner believes necessary to ensure that the state, its officers, agents and employees are protected with respect to any such claims arising out of or in consequence of the use of the vacant public land.

History

• Adopted effective August 8, 1995

Regs., Conn. State Agencies § 22-6e-6 Responsibilities of individual gardening permittee

(a) Applications for individual gardening permits shall be submitted to the Commissioner of Agriculture by January 30th of each year.

(b) Gardening plots will be assigned on a first come first served basis.

(c) Plots which are not worked between January 1st and June 1st are deemed to have been forfeited.

(d) Permittees shall maintain neat gardens free of weeds and debris. Weeds are to be cleared from any paths bordering the gardening plots.

(e) Permittees shall comply with all federal and state laws with respect to these activities related to permitted land.

(f) No permanent fixtures may be constructed on gardening plots.

(g) Gardens are to be cleared of all plants, plant debris, litter and any other debris at the close of the gardening season. Failure to return a plot in appropriate condition shall result in the permittee being ineligible for a plot the following year.

(h) Only one plot per family may be assigned unless excess plots exist after all applications have been processed.

History

• Adopted effective August 8, 1995

Regs., Conn. State Agencies § 22-6e-7 Responsibilities of organization sponsored gardening permittee

(a) Applications for organization sponsored gardening permits shall be submitted to the Commissioner of Agriculture by January 30th of each year.

(b) Sponsoring organizations may establish site specific gardening rules subject to the Commissioner's review and approval.

(c) Subsection (c) to (h), inclusive, of section 22-6e-6 of these regulations shall apply to individual gardeners operating under organization sponsored gardening permits.

History

• Adopted effective August 8, 1995

Regs., Conn. State Agencies § 22-6e-8 Termination of permit

(a) Any permit issued may be terminated by the Commissioner of Agriculture, without cause, upon written notice to the permittee.

(b) In the event of such termination the Commissioner shall remit, on a pro rata basis, so much of the permit fee as would be attributable to the unexpired term of the permit, provided in the event the permittee has failed to comply with any provisions of these regulations, the Commissioner may retain so much of the permit fee for the unexpired term as is necessary to compensate the state for any loss arising from such violation. Said retention shall be without prejudice to the right of the state to seek additional relief, in law and in equity, including but not limited to money damages or penalties, arising from any such violation or other activity done by the permittee on the premises.

History

• Adopted effective August 8, 1995

22-7 Description of Organization and Rules of Practice

Regs., Conn. State Agencies § 22-7-1 Creation and authority

The department was established as a separate agency of the state government by section 22-1c of the 1971 noncumulative supplement to the general statutes of Connecticut. Section 22-6 of the 1971 noncumulative supplement to the general statutes of Connecticut describes the nature of the powers and duties of the commissioner. The department's powers are derived from the various statutes dealing generally with the grading and marketing of farm products, milk and poultry, as well as other activities related to agriculture and set forth primarily in title 22 of the Connecticut general statutes.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-2 Location of principal office

The principal office of the department of agriculture is located at Hartford, Connecticut. All communications should be addressed to the Department of Agriculture, 765 Asylum Avenue, Hartford, Connecticut 06105, unless otherwise specifically directed.

History

• Effective September 6, 1973; Amended November 9, 1999

Regs., Conn. State Agencies § 22-7-3 General duties and responsibilities

The department is charged with enforcing legislation intended to supervise and regulate the dairy industry, both in its production and marketing aspects, the regulation and licensing of livestock growers and dealers, including canines, the licensing of buyers of live poultry, and the licensing of the practice of veterinary medicine, surgery, and dentistry in the state and jurisdiction and control over all shellfisheries which are located in the state in accordance with Public Act 52 of the 1971 General Assembly.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-4 Commissioner of agriculture

The commissioner has the overall responsibility for the operation of the department. The deputy commissioner assists the commissioner and is the acting commissioner in his absence. In discharging his responsibilities, the commissioner may, by statute, delegate certain of his functions to a division of the department, to an individual division chief, or to an employee of the department.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-5 Organizational structure and division of responsibilities

The department is composed of five divisions, the principal duties of which are as follows:

A. Livestock division—regulation and control of domestic animals.

Pursuant to sections 22-278 — 22-391 of the General Statutes of Connecticut, Rev. of 1958, as amended, the livestock division is responsible for the prevention, control, and eradication of transmissible diseases of domestic animals and poultry and the registration of pet shops.

B. Marketing — regulation and services in marketing products.

The marketing division supervises the registration and licensing of seed sellers, controlled atmosphere storages, and the buyers of live poultry. The division provides market news and statistical information to farmers, wholesalers, and consumers. Grading services and certificates of quality are provided for farms, wholesalers, and consumers. Users of this service pay a fee and licensing is under the auspices of the United States Department of Agriculture. Promotion of Connecticut farm products is another area of responsibility. Regulation work is done on seeds, egg products, sanitation on farm egg rooms, and surveillance of the distribution of eggs for consumer quality protection.

C. Dairy division — regulation and control of dairy farms and financial responsibility for licensing of stores and dealers.

The primary function of the dairy division is to inspect dairy farms and plants in the New England area for quality milk production and adherence to proper sanitation levels in its production. Samples are taken for bacteriological, chemical, and butterfat control analysis. The division is also charged with the administration of the Connecticut Milk Marketing Act and is responsible for licensing of milk dealers, auditing dealer producer payrolls, financial responsibility audits in determining bonding requirements of dealers when necessary, auditing Connecticut Milk for Health, Inc., and enforcement of the financial provisions of section 22-242b of the general statutes of Connecticut, Rev. of 1958, as amended, as pertains to dealers and stores licensed to sell milk and fluid milk products.

D. Aquaculture division — regulation and control of shellfish and related areas.

The aquaculture division has administrative responsibility for approximately 40,000 acres of leased, franchised, and natural shellfish areas in the waters of Long Island Sound. Responsibilities also include surveying state owned grounds, setting buoys, collecting water samples for pollution control, maintenance of signals to be used for location of the grounds and continuous inspection for production of shell fish, control of predators, and patrolling for law violators.

E. Marketing authority.

The marketing authority provides facilities for the wholesale distribution of the state's agricultural products through operation of the regional market in Hartford and rental of merchandising space at this facility to distributors and producers of fruits, vegetables and other food products.

The Connecticut regional market strives to provide the consumer with the most efficient, economical and sanitary distribution of foodstuffs in Connecticut at no cost to the Connecticut taxpaying public.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-6 Policy

The policy of the department is to make available for public inspection all files, records, documents and other materials within its possession, unless prohibited by law. A compilation of all regulations, policy statements, final orders, decisions, and official opinions is available for public inspection at the office of the commissioner.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-7 Complaints and requests for information

(a) Complaints and requests for information should be addressed to the Department of Agriculture, 765 Asylum Avenue, Hartford, Connecticut 06105.

(b) Requests for information should be directed preferably to the appropriate division in possession of the information. Requests for information about the department generally should be addressed to the Department of Agriculture, 765 Asylum Avenue, Hartford, Connecticut 06105.

History

• Effective September 6, 1973; Amended November 9, 1999

Regs., Conn. State Agencies § 22-7-8 Procedure governed

These rules govern practice and procedure before the department of agriculture under the applicable laws of the state of Connecticut and except where by statute otherwise provided.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-9 Definitions

(a) "Commissioner" means the Commissioner of Agriculture.

(b) "Department" means the Department of Agriculture.

(c) "Division chief" means any departmental employee delegated by the commissioner as the head of a particular division of the department.

(d) "License" includes the whole or part of any permit, approval, registration, or similar form of permission required by law to be issued by the department.

(e) "Hearing" means that portion of the department's procedure in the disposition of matters delegated to its jurisdiction by law wherein a presentation of evidence and argument occurs, which is preceded by due notice and which includes both an opportunity to present to the department such written and oral testimony and argument as the department deems appropriate and an opportunity to examine and cross-examine any witness giving testimony therein.

(f) "Contested case" means a proceeding in the department's disposition of matters delegated to its jurisdiction by law in which the legal rights, duties or privilege of a party are determined by the department after an opportunity for a hearing.

(g) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.

(h) "Person" means any individual, corporation, political subdivision, governmental agency or authority, municipality, partnership, association, trust or estate, and any other entity, public or private, however organized.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-10 Waiver of rules

Where good cause appears, the department may permit deviation from these rules, except where precluded by statute.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-11 Procedure for the issuance, amendment or repeal of a regulation

(a) Proceedings for the issuance, amendment, or repeal of regulation, including proceedings for the exemption of certain products or classes of products from statutory requirements, may be commenced by the department on its own initiative or pursuant to a petition submitted by an interested person.

(b) Notice of the proposed issuance, amendment, or repeal of a regulation will appear in the Connecticut Law Journal at least twenty days prior to the proposed action. The notice will contain: (i) a statement of the purpose of the proposed action; (ii) a statement of the time, date and place of the public hearing or other opportunity for the presentation of views; (iii) reference to the statutory authority under which the department is acting; and (iv) a statement of the terms or substance of the intended action.

(c) Adequate publicity will be provided by the department to assure that all interested parties have notice of the time, date and place of the public hearing or other opportunity for the presentation of views. The purpose is to afford an opportunity for all interested parties to participate in the proceedings through the submission of written or oral data, views, arguments, or suggestions.

(d) After any necessary revisions have been made, the proposed regulations will be forwarded to the Attorney General and to the Legislative Review Committee of the General Assembly for approval, as required under sections 4-169 and 4-170 of the General Statutes.

(e) The new regulation or the amendment or repeal of an existing regulation will become final following approval by the Attorney General and the Legislative Review Committee and certification thereof to the Secretary of State.

(f) When the department finds that an imminent peril to the public health, safety, or welfare so requires, it may adopt emergency regulations, as provided in section 4-168 (b) of the General Statutes.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-12 Computation of time

Computation of any period of time referred to in these rules begins with the first day following that on which the act which initiates such period of time occurs. The last day of the period so computed is to be included unless it is a day on which the office of the department is closed, in which event the period shall run until the end of the next following business day. When such period of time, with the intervening Saturdays, Sundays and legal holidays counted, is five (5) days or less, the said Saturdays, Sundays and legal holidays shall be excluded from the computation; otherwise such days shall be included in the computation.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-13 Extensions of time

At the discretion of the commissioner, for good cause shown, any time limit prescribed or allowed by these rules may be extended insofar as such extension is not precluded by statute. All requests for extension shall be made before the expiration of the period originally prescribed or as previously extended. The commissioner shall notify all parties of the department's action upon such motion.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-14 Consolidation

Proceedings involving related questions of law or fact may be consolidated at the discretion of the commissioner.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-15 Rejection for incompleteness

Any application or petition may be rejected by the department if it is incomplete or otherwise inadequate to permit processing or disposition thereof, unless prohibited by law. Any rejection under this section shall lapse any period of time prescribed by statute or by rule which begins to run when a person files a petition or application with the department. Any such period of time shall begin anew when a person resubmits a petition or application after prior rejection under this section. Any rejection under this section is without prejudice and is not a final decision by the department. Nothing in this section shall restrict the department from requiring additional information from an application or petitioner if his application or petition is accepted.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-16 Office

The principal offices of the department is 765 Asylum Avenue, Hartford, Connecticut 06105. The offices of the department are open from 8:30 a.m. to 4:30 p.m. each weekday except Saturdays, Sundays and legal holidays.

History

• Effective September 6, 1973; Amended November 9, 1999

Regs., Conn. State Agencies § 22-7-17 Date of filing

All orders, decisions, findings of fact, correspondence, motions, petitions, applications and any other documents governed by these rules, shall be deemed to have been filed or received on the date on which they are issued or received by the department at its principal offices.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-18 Identification of communications

Communications should embrace only one matter, should contain the name and address of the communicator and the subject of the communication.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-19 Signatures

Every application, notice, motion, petition, complaint, brief and memorandum shall be signed by the filing person or by one or more attorneys in their individual names on behalf of the filing person.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-20 Formal requirement as to documents and other papers filed in proceedings

(a) Copies. Except as may be otherwise required by these rules or by any other rules or regulations of the department or ordered or expressly requested by the department, at the time motions, petitions, applications, documents or other papers are filed with the department, there shall be furnished to the department an original of such papers. In addition to the original there shall also be filed three (3) copies unless a greater or lesser number of copies is expressly requested by the department.

(b) Form. Except for such forms as may from time to time be provided by the department and used where appropriate, motions, petitions, applications, documents or other papers filed for the purpose of any proceeding before the department shall be printed or typewritten on paper cut or folded to either letter or legal size, 8 to 8½ inches wide. Width of margins shall be not less than one inch. The impression shall be on only one side of the papers, unless printed, and shall be double spaced except that quotations in excess of five (5) typewritten lines shall be single spaced and indented. Mimeographed, multigraphed, photo-duplicated or the like copies will be accepted as typewritten, provided all copies are clear and permanently legible.

(c) Filing. All papers relating to matters requiring action by the department shall be filed with the Commissioner, 765 Asylum Avenue, Hartford, Connecticut 06105.

History

• Effective September 6, 1973; Amended November 9, 1999

Regs., Conn. State Agencies § 22-7-21 Designation of parties

In issuing a notice for a hearing, the commissioner will name as parties those persons entitled to be parties by law.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-22 Application to be designated a party

(a) Filing of petition. Any other person who proposes to be named or admitted as a party to any proceeding shall file a written petition to be so designated not later than five (5) days before the date of the hearing of the proceeding as a contested case.

(b) Contents of petition. The petition shall state the name and address of the petitioner. It shall describe the manner in which the petitioner claims to be substantially and specifically affected by the proceeding. It shall state the contention of the petitioner concerning the issue of the proceeding, the relief sought by the petitioner, and the statutory or other authority therefor, and the nature of the evidence, if any, that the petitioner intends to present in the event that the petition is granted.

(c) Designation as party. The commissioner shall consider all such petitions and will name or admit as a party any person whose legal rights, duties or privileges will be determined by the decision of the department after a hearing, if the commissioner finds such person is entitled as of right to be a party to said contested case or that the participation of such person as a party is necessary to the proper disposition of said contested case.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-23 Procedure concerning added parties

(a) During hearing. In addition to the designation of parties in the initial notice and in response to petition, the department may add parties at any time during the pendency of any hearing upon its finding that the legal rights, duties or privileges of any person will be determined by the decision of the department after the hearing or that the participation of such person as a party is necessary to the proper disposition of the contested case.

(b) Notice of designation. In the event that the commissioner shall name or admit any party after service of the initial notice of hearing in a contested case, the commissioner shall give written notice thereof to all parties theretofore named or admitted. The form of the notice shall be a copy of the order of the commissioner naming or admitting such added party and a copy of any petition filed by such added party requesting designation as a party. Service of such notice shall be in the manner provided in these rules.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-24 Place of hearings

Hearings shall be held at times and locations specified by the commissioner pursuant to statute.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-25 Notice of hearings

(a) Persons notified. The commissioner shall give written notice of a hearing in any pending matter to all parties, to all persons otherwise required by law to be notified, to such other persons as have filed with the commissioner their written request for notice of a hearing in a particular matter, and to such additional persons as the commissioner deems appropriate and advisable. The commissioner shall give such notice by newspaper publication as may be required by law.

(b) Contents of notice. Notice of a hearing shall include but shall not be limited to the following: (1) a statement of the time, place and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the statutes and regulations involved; (4) a short and plain statement of fact describing the nature of the hearing and the principal facts to be asserted therein.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-26 Representation of parties

Each person making an appearance before the commissioner as an attorney, agent or representative of any person, firm, corporation or association subject to the department's regulatory jurisdiction in connection with any contested case shall promptly notify the commissioner in writing in order that the same may be made a part of the record of the contested case.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-27 Informal conferences

(a) The commissioner, the deputy commissioner, or any one of the division chiefs, as required by law or otherwise, may call in a party for an informal conference concerning alleged violations of any statutes administered by the department.

(b) Notification of such an informal conference shall be by certified mail. The notice shall contain (i) a statement of the time, date, and place of the conference; (ii) a reference to the statutory sections allegedly violated; (iii) a short statement of the facts surrounding the alleged violation; and (iv) a statement that the respondent may be accompanied by counsel, if he so desires.

(c) Informal conferences need not be recorded and transcribed. Formal rules of procedure and evidence shall not be observed.

(d) Informal conferences will not be publicized and press coverage of such proceedings is prohibited. This is to preclude possible adverse inferences against a party innocent of any wrongdoing.

(e) Any agreement reached as a result of an informal conference shall not preclude the department from further proceedings against the alleged violator. If the latter party desires a formal ruling concerning the practice in question, he may submit to the commissioner a request for a declaratory ruling, pursuant to Section 22-7-10.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-28 Attorney defined

As used in these rules, the word "attorney" shall mean an attorney at law, duly admitted to practice before the Superior Court of the State of Connecticut. Any other person who appears before the department in any contested case shall be deemed to have appeared as the agent or representative of a person, firm, corporation or association and, as such, shall file with the written notification of appearance the written authorization of the person, firm, corporation or association being represented and shall be fully bound to proceed in accordance with these rules in the contested case.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-29 Rules of conduct

Where applicable, the canons of professional ethics and the canons of judicial ethics adopted and approved by the judges of the Superior Court govern the conduct of the department, state employees serving the department, and all attorneys, agents, representatives, and any other persons who shall appear in any proceeding or in any contested case before the department in behalf of any public or private person, firm, corporation or association.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-30 General provisions

(a) Purpose of hearing. The purpose of the hearing in a contested case shall be to provide to all parties an opportunity to present evidence and argument on all issues to be considered by the department.

(b) Uncontested disposition of case. Unless precluded by law, any contested case may be resolved by stipulation, agreed settlement, consent order or default upon order of the commissioner. Upon such disposition a copy of the order of the commissioner shall be served on each party.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-31 Record in contested case

(a) The record in each contested case shall be maintained by the department in the custody of the commissioner and shall include the following: (1) any notices, petitions, applications, orders, decisions, motions, briefs, exhibits, and any other documents that have been filed with the department or issued by the department in written form; (2) all written evidence of any kind received and considered by the department; (3) a statement of any matters officially noticed by the commissioner including reference to prior decisions and orders of the commissioner; (4) any questions and offers of proof, together with any objections and rulings thereon during the course of the hearing; (5) any proposed finding of fact, proposed decisions, supporting memoranda, and exceptions that have been filed by any party; (6) any memoranda or data submitted by the department staff to the department in connection with the department's consideration of the case; (7) the transcript of the hearing. The department will not be required to set forth as a separate item any of the foregoing which may have been duplicated and incorporated in some other portion of the record.

(b) A copy of the record shall also be available at all reasonable times for examination by the public without cost.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-32 Filing of added exhibits

Upon order of the commissioner before, during or after the hearing of a case, any party shall prepare and file added exhibits and testimony. Notice of the filing of such additional material shall be given to all parties by the party submitting the said material.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-33 (Repealed)

Repealed August 27, 1990.

Regs., Conn. State Agencies § 22-7-33a Rules of evidence

The following rules of evidence shall be applied at hearings on contested cases within the Department of Agriculture:

(a) General. No formal rules of evidence shall govern proceedings in a contested case before the Department of Agriculture. It is within the discretion of the Commissioner or the hearing officer to receive any oral or documentary evidence, but the Commissioner or the hearing officer shall exclude any evidence deemed to be irrelevant, immaterial or unduly repetitious. Documentary evidence may be received in the form of copies of excerpts. Upon request, parties shall be given an opportunity to compare the copy with the original if the original is readily available, and such comparison will not unduly delay the hearing. All evidence shall be taken in the presence of the Commissioner or the hearing officer. The Commissioner or the hearing officer may request such additional information as is deemed necessary to render a decision. In order to enter a document or record into evidence at the hearing, the party must identify the document or record and must allow it to be marked. The party offering the exhibit shall provide one copy for the Commissioner or the hearing officer and one copy for each party. Other parties will be allowed to inspect the document or record and to state any objections to the proposed exhibit. If an objection is overruled, the Commissioner or the hearing officer shall receive the document or record into evidence. It is solely the function of the Commissioner or the hearing officer to assess the weight and credibility of the witnesses and evidence. All evidence admitted and the names and addresses of all witnesses shall be made a part of the record of the proceeding.

(b) Cross Examination. The Commissioner or the hearing officer may allow such cross-examination of witnesses as may be required for a full and true disclosure of the facts.

(c) Facts Noticed. The Commissioner or the hearing officer, on their own initiative or at the request of any party, may take notice of judicially cognizable facts, including prior decisions and orders of the Commissioner or the Department of Agriculture, or of generally recognized technical or scientific facts within the Department of Agriculture's or their own specialized knowledge. Parties shall be afforded an opportunity to contest the material so noticed by being notified before or during the hearing, or by appropriate reference in preliminary reports or otherwise, of the material noticed. The Commissioner or the hearing officer shall nevertheless employ the experience, technical competence, and specialized knowledge of the Department of Agriculture in evaluating the evidence presented at the hearing for the purpose of making findings of the facts and arriving at a decision in any contested case.

History

• Effective August 27, 1990

Regs., Conn. State Agencies § 22-7-34 Order of procedure at hearings

The order of procedure at hearings shall be determined by the commissioner and furnished to the parties at the beginning of the hearing. In a case where the opening portion has already been submitted in written form as provided by these rules, the hearing may open with cross-examination of persons who have given written testimony. In the event any person has given written testimony and is not available for such cross-examination at the time and place directed by the department, all of such written testimony may be discarded and removed from the record at the direction of the department.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-35 Limiting number of witnesses

To avoid unnecessary cumulative evidence, the commissioner may limit the number of witnesses or the time for testimony upon a particular issue in the course of any hearing.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-36 Filing of proposed findings of facts and briefs

At the conclusion of the presentation of evidence in any hearing the commissioner shall fix a time within which any party may file proposed findings of facts and briefs.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-37 Final decision

(a) Procedure and contests. All decisions and orders of the commissioner concluding a contested case shall be in writing. The decision shall include all findings of fact and conclusions relied upon by the commissioner in arriving at his decision, the findings of fact and law to be separately stated. The finding of fact shall also set forth a concise and explicit statement of the underlying facts supporting the findings of fact, where appropriate. In any contested case where the commissioner has required any party to submit proposed findings of fact, the decision shall further include a ruling by the commissioner on each proposed finding. In the event, however, that such a proposed finding of fact has been submitted by any party without such requirement or order of the commissioner, then the commissioner's decision may omit a ruling on any findings so proposed.

(b) Service. A copy of the decision or order of the commissioner shall be served by mail to each party and to his attorney of record.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-38 Original records

Any person shall, upon direction of the commissioner, furnish and make available for the use of the commissioner the original books, papers and documents on which he has relied. If so directed, or permitted, certified or verified copies shall be furnished in lieu of such original records.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-39 General rule

These rules set forth the procedure to be followed by the commissioner in the disposition of petitions concerning the promulgation, amendment, or repeal of a regulation.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-40 Form of petitions

Any interested person may at any time petition the commissioner to promulgate, amend, or repeal any regulation. The petition shall set forth clearly and concisely the text of the proposed regulation, amendment, or repeal. Such petition shall also state the facts and arguments that favor the action it proposes by including such data, facts, and arguments either in the petition or in a brief annexed thereto. The petition shall be addressed to the commissioner and sent to him by mail or delivered in person during normal business hours. The petition shall be signed by the petitioner and shall furnish the address of the petitioner and the name and address of petitioner's attorney, if applicable.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-41 Procedure after petition filed

(a) Decision on petition. Upon receipt of the petition the commissioner shall within thirty (30) days determine whether to deny the petition or to initiate regulation making proceedings in accordance with law.

(b) Procedure on denial. If the commissioner denies the petition, he shall give the petitioner notice in writing, stating the reasons for the denial based upon the data, facts, and arguments submitted with the petition by the petitioner and upon such additional data, facts, and arguments as the commissioner shall deem appropriate.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-42 General rule

These rules set forth the procedure to be followed by the department in the disposition of requests for declaratory rulings as to the applicability of any statutory provision or of any regulation or order of the department. In its discretion the department may hold an informal conference for fact finding purposes relating to such requests. Such a ruling of the department disposing of a petition for a declaratory ruling shall have the same status as any decision or order of the department in a contested case.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-43 Form of petition for advisory ruling

Any interested person may at any time request an advisory ruling of the department with respect to the applicability to such person of any statute, regulation or order enforced, administered, or promulgated by the department. Such request shall be addressed to the department and sent to the commissioner by mail or delivered in person during normal business hours. The request shall be signed by the person in whose behalf the inquiry is made. It shall give the address of the person inquiring and the name and address of such person's attorney, if applicable. The request shall state clearly and concisely the substance and nature of the request; it shall identify the statute, regulation or order concerning which the inquiry is made and shall identify the particular aspect thereof to which the inquirty is directed. The request for an advisory ruling shall be accompanied by a statement of any supporting data, facts, and arguments that support the position of the person making the inquiry.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-44 Procedure after petition filed

(a) Notice to other persons. The commissioner may give notice to any person that such an advisory ruling has been requested and may receive and consider data, facts, arguments, and opinions from persons other than the person requesting the ruling.

(b) Provision for hearing. If the commissioner deems a hearing necessary or helpful in determining any issue concerning the request for advisory ruling, the commissioner shall schedule such hearing and give such notice thereof as shall be appropriate. The provisions of article 3 govern the practice and procedure of the department in any hearing concerning an advisory ruling.

(c) Decision on petition, ruling denied. If the commissioner determines that an advisory ruling will not be rendered, the commissioner shall within ten (10) days thereafter notify the person so inquiring that the request has been denied and furnish a statement of the reasons on which the commissioner relied in so deciding.

(d) Decision on petition, ruling granted. If the commissioner renders an advisory ruling, a copy of the ruling shall be sent to the person requesting it and to that person's attorney, if applicable, and to any other person who has filed a written request for a copy with the commissioner.

History

• Effective September 6, 1973

Regs., Conn. State Agencies § 22-7-45 Intervention under the Environmental Protection Act of 1971

Any person or other legal entity authorized by and qualifying under the provisions of Public Act 96 of the 1971 General Assembly to intervene in any proceeding before the department shall do so in accordance with the provisions of these rules and regulations as they may be applicable and as they may hereafter be amended.

History

• Effective September 6, 1973

Commissioner of Agriculture and Natural Resources Commissioner of Agriculture and Natural Resources

22-17a Living Quarters of Agricultural Workers and Migratory Farm Workers

Regs., Conn. State Agencies § 22-17a-1 Water supplies and privies for field workers

(a) Water shall be readily available to both shed and field workers in covered containers with sanitary drinking fountains or with individual paper cups in accordance with section 19-13-B35 of the public health code.

(b) Water for drinking and handwashing shall be obtained from a public water supply or from a properly protected and located ground water supply approved by the local director of health.

(c) No common drinking cup shall be permitted.

(d) Handwashing facilities shall be available for shed and field workers.

(e) Water containers shall be cleaned daily. At the start of the season and at other times when necessary, water barrels or other water containers shall be disinfected with steam or chlorine. The plug for filling the hole shall be kept tightly in place, except during the time for filling. (It is desirable to chain the plug to the barrel to avoid losing it.)

(f) A sanitary method of filling water barrels shall be provided. Overhead hoses shall be short enough so that they will swing clear of ground surface. Flange guards should be provided for the hose so that it will not enter more than four inches into water barrels.

(g) Portable or permanent privies shall be provided in adequate numbers and shall be readily accessible to all workers.

(h) Separate privies shall be provided for men and women and shall be so arranged as to secure privacy for both sexes and shall be clearly marked "Men" and "Women" at the entrance to each. These words shall be printed or painted on signs not less than six by eighteen inches.

(i) Privies shall be provided with inside hook and eye latches and toilet tissue.

(j) Privies shall be located at least one hundred feet from kitchen and dining rooms, living quarters or the source of the water supply.

(k) Privies shall be of fly and vermin-proof construction and shall consist of a pit at least three feet deep and constructed so as to exclude surface water. Cracks shall be battened and openings shall be screened with sixteen mesh wire screening. The door shall be well fitted to exclude flies and shall close automatically by means of a spring or spring hinges. Seat covers shall be hinged and shall be so constructed that they drop automatically into place when the seat is not occupied.

(l) Privies shall be adequately lighted and ventilated.

(m) No privy pit shall be filled with excreta to nearer than one foot from the surface of the ground. When this occurs, privies shall be moved or vaults cleaned out. The hole shall be filled up when privies are moved. Material removed from a privy or vaults or containers shall be disposed of by burial in such a manner as not to create a nuisance.

(n) Privies shall be maintained in clean condition and such maintenance shall include daily washing of seats with a disinfectant solution. (Use of earth, ashes or lime in the pits will help to keep down odors.)

(See 1961 Supp. § 19-13; Reg. 19-13-B53.)

Regs., Conn. State Agencies § 22-17a-2 First aid kits for field workers

Standard first aid kits shall be kept in every shed where work is going on and shall be readily available to all workers.

(See Reg. 19-13-B54.)

Regs., Conn. State Agencies § 22-17a-3 Sanitary requirements for housing of workers

(a) Housing shall be constructed in such a manner as to be structurally safe, adequate in size and reasonably easy to keep clean.*

• It is important that the provisions of the state statutes relating to fire prevention and safety and all regulations made pursuant thereto be complied with.

(b) For new construction, the window area of each room for living quarters, sleeping quarters, preparation of food or mess halls should be at least one-eighth of the floor area and so constructed that at least one-half of the window area may be opened for ventilation. When existing buildings are converted for housing purposes, window area and ventilation shall conform as nearly as possible to the above, but in any case shall meet with approval of the local director of health.

(c) All exterior openings shall be screened with sixteen mesh wire screening on frames except where self-closing devices on doors are maintained in service.

(d) Artificial lighting shall be provided on the basis of one forty watt bulb per one hundred square feet of the floor area and shall be reasonably well distributed.

(e) The floors of buildings shall be constructed in such a manner as to avoid dampness. Wooden floors shall be elevated not less than twelve inches above the normal ground level.

(f) No tents shall be used for housing, except when provided with wood platforms and with prior approval by the local director of health.

(g) Adequate lighting shall be provided for all toilets, hallways, main entrances and fire exits.

(h) Premises shall be kept clean and free of litter and rubbish.

(See Reg. 19-13-B55.)

Regs., Conn. State Agencies § 22-17a-4 Sleeping quarters for workers

(a) Sleeping quarters shall be in good structural condition and constructed so as to provide shelter to the occupants against the elements and to exclude dampness.

(b) Beds shall be furnished to all employees; a separate bed shall be provided for each person; single beds shall be set at a minimum of three feet apart; doubledeck beds shall be set at a minimum of four and one-half feet apart, ceiling height above the top mattress shall not be less than thirty-six inches in rooms used prior to June 7, 1960, for this purpose and not less than forty-two inches in the case of construction after said date.

(c) If a room in a lodging or boarding house is overcrowded, the director of health may order the number of persons sleeping or living in such room to be so reduced that there shall not be less than five hundred cubic feet of air to each person over twelve years of age and three hundred cubic feet of air to each child under twelve years of age occupying such room.*

• See G.S. § 19-346.

(d) Male and female boarders or lodgers shall not be housed in the same building, except that female cooks may be allowed to lodge in the same building with boys if suitable privacy can be arranged as to sleeping quarters and bathing and toilet facilities. This may also apply to camp directors and their families.

(e) Sleeping shall not be permitted in kitchens or eating quarters.

(f) Adequate lockers or storage space shall be provided for clothing and personal effects of lodgers. Regular inspections shall be made of the lockers and storage facilities to keep them clean and free from soiled clothing.

(See Reg. 19-13-B56.)

Regs., Conn. State Agencies § 22-17a-5 Bedding in sleeping quarters for workers

(a) Blankets, sheets, pillow cases, pillows and mattresses or mattress bags shall be provided.

(b) All bedding shall be maintained in a clean and sanitary condition and its condition shall be the responsibility of the management. The sheets and pillow cases shall be laundered at least once a week. Blankets shall be washed at sufficiently frequent intervals to insure cleanliness and, in any case, shall be washed at least every three months. Blankets shall be washed before use by a new worker. When mattresses, mattress bags or pillows become dirty or discolored, they shall be discarded or cleaned. If mattress bags are provided, the bags shall be washed at least every six months and, in any case, before use by a new worker. The mattress filling shall be changed at the time the bags are washed.

(c) Regular inspections of beds and bedding shall be made for vermin and periodic extermination service provided when necessary.

(See Reg. 19-13-B57.)

Regs., Conn. State Agencies § 22-17a-6 Kitchen and mess hall or dining room for workers

(a) The kitchen and dining room shall be separated from sleeping quarters and toilet rooms. Walls, floors and ceilings shall be in good repair and so constructed as to permit reasonable ease in cleaning. Walls and ceilings shall be painted a light color. The kitchen and dining room shall be adequately equipped for the preparation and serving of food to the number of people involved.

(b) Adequate refrigeration shall be provided and all refrigerators or ice chests shall be maintained in good order and kept in a clean condition. Refrigeration temperatures should be kept below 50°F. Adequate, ventilated and vermin-proof food storage space shall be provided. All food shall be stored at least eighteen inches above the floor.

(c) Dishes, knives, forks and other utensils shall be of nontarnishable materials and shall be kept in good condition. Cracked and chipped dishes shall be discarded. All eating and cooking utensils shall be protected from flies, vermin and dust.

(d) A scullery sink or other satisfactory means, together with ample facilities for furnishing hot water, shall be provided for washing kitchen utensils and dishes. (A three compartment sink is recommended.) All glasses, cups, knives, forks, spoons and dishes shall be thoroughly washed after each use by cleaning with hot water and soap and disinfected by a bactericidal process approved by the local director of health.* All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day's operation. After cleansing, all equipment shall be stored in such a manner as not to become contaminated before being used.

*See Reg. 22-17a-7.

(e) Stoves, work tables, shelves and accessories in adequate number shall be provided. Ample dish and food storage space shall be provided for the number of people to be accommodated.

(f) Tables, chairs or benches, sinks, counters, preparation and/or serving tables, cabinets and shelves shall be kept clean. Cutting boards shall be provided. Dining tables and counters shall be covered with solid top nonabsorbent, easily washed material.

(g) All windows, doors and exterior openings in kitchen and eating quarters shall be completely screened with sixteen mesh wire screening on frames. All doors shall be self-closing.

(h) Provision shall be made for collecting garbage in an adequate number of covered fly-tight metal containers and disposing of the same at least every two days. Disposal may be by burial not nearer than one hundred feet from the kitchen or water supply, or by hauling away and otherwise disposing of the same so as not to create a nuisance. All garbage cans shall be thoroughly cleaned after each time they are emptied. Garbage cans shall be stored either on concrete platforms, at least eight inches above the ground and with footings around the entire edge at least eighteen inches deep or on platforms eighteen inches above the ground and open underneath for raking.

(See Reg. 19-13-B58.)

Regs., Conn. State Agencies § 22-17a-7 Approved bactericidal processes

The following are approved bactericidal processes:

(a) Immersion for at least two minutes in clean, hot water at a temperature of at least 170°F. or for one-half minute in boiling water. Unless actually boiling water is used, an approved thermometer shall be available, convenient to the vat. The pouring of scalding water over washed utensils shall not be accepted as satisfactory compliance; or

(b) Immersion for at least two minutes in a lukewarm chlorine bath containing at least fifty p.p.m. of available chlorine if hypochlorites are used, or a concentration of equal bactericidal strength if chloramines are used. The bath should be made up at a strength of one hundred p.p.m. or more of hypochlorites and shall not be used after its strength has been reduced to fifty p.p.m.; or

(c) Exposure in a steam cabinet equipped with an indicating thermometer located in the coldest zone to at least 170°F. for at least fifteen minutes, or to at least 200°F. for at least five minutes, or

(d) Exposure in a properly designed oven or hot-air cabinet equipped with an indicating thermometer located in the coldest zone to hot air at a temperature of at least 180°F. for at least twenty minutes.

(See Reg. 19-13-B58 App.)

Regs., Conn. State Agencies § 22-17a-8 Food for workers

(a) Food handlers shall be persons in good health, free from open sores and lesions on the body and free from communicable diseases. (See section 19-13-A22, subsection (q), of the public health code relating to employment of persons with communicable diseases.) All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees shall not expectorate in rooms in which food is prepared. No employee shall resume work after using the toilet without first washing his hands.

(See Reg. 19-13-A23.)

(b) All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption. It shall be protected from dust, flies and vermin at all times. All oysters, clams and mussels shall be from approved sources.

(c) Lunches for consumption in the fields shall be put up in securely wrapped wax paper or other nonabsorbent material. Readily perishable food shall be kept at a temperature at or below 50°F. until served.

(d) Milk shall be handled and served in a sanitary manner and not exposed to dust, flies or vermin. Milk shall be kept under satisfactory refrigeration. Only pasteurized or canned milk shall be served.

(e) All meat served shall be from an inspected source.

(f) Sugar shall be stored in a covered container and shall be placed in covered dispensers.

(See Reg. 19-13-B59.)

Regs., Conn. State Agencies § 22-17a-9 Water supply for workers' quarters

(a) The supply shall be adequate to furnish at least thirty gallons of water per day per person. Adequate storage to handle peak loads shall be provided. Running water under pressure shall be provided.

(b) Any water supply used or rendered available for drinking and for other personal or domestic purposes shall be obtained from a public water supply or from a properly protected and located ground water supply approved by the local director of health.

(c) All wells, whether drilled and cased, dug or driven, shall be so located, constructed and covered, and the pump so attached, as to prevent pollution of the well. All surface and near surface water shall be excluded from the well, preferably by a concrete platform curb. Provision shall be made for proper drainage of pump pits.

(d) If a ground water supply is used, the source shall not be nearer than one hundred feet to privy vaults, cesspools or other sewage disposal systems.

(e) Springs shall not be considered satisfactory unless amply protected against pollution and so constructed as to meet the requirements of the local director of health.

(f) The bacteriological quality of the water shall be determined by analysis of samples in those cases where the supply has been out of use or where it otherwise appears necessary.

(g) No common drinking cups shall be permitted. Individual paper drinking cups or approved type drinking fountains, conveniently located, shall be provided.

(h) No pipe connections shall be made between a potable water supply and any other water supply.

(See Reg. 19-13-B60.)

Regs., Conn. State Agencies § 22-17a-10 Sewage disposal for workers' quarters

(a) Where no municipal disposal system is available, all kitchen, lavatory, toilet, bathhouse and laundry wastes shall be disposed of by running through covered drains to a sub-surface disposal system or otherwise disposed of in a manner approved by the local director of health. In unfavorable seepage soil it may be desirable to install separate systems for toilet wastes and other wastes.

(b) Toilet facilities shall be provided on the basis of one seat for each ten women, or one seat plus one standing urinal or three feet of trough type urinal for each twenty men. If privies are used, standards shall be not less than those required under section 22-17a-1. Toilet seats shall be of the open-front type.

(See Reg. 19-13-B61.)

Regs., Conn. State Agencies § 22-17a-11 Lavatory, bathing and laundry facilities for workers' quarters

(a) Adequate handwashing, bathing and laundry facilities, with running water of approved quality, shall be provided. Hot water shall be available in adequate quantities.

(b) There shall be provided one lavatory or its equivalent for each fifteen persons or fraction thereof.

(c) Showers shall be provided in these ratios: One shower head for one to ten persons, except that, in case of quarters for less than five workers, a bathtub may be used in place of showers with the approval of the local director of health; two shower heads for eleven to 40 persons; one shower head for each twenty persons or fraction thereof where over forty persons are housed.

(d) There shall be provided one laundry tub for each twenty-five men or one laundry tub for each twenty women, plus adequate facilities for clothes drying.

(e) Shower room floors shall be scrubbed daily with soap and water Swabbing with a chlorine solution having a strength of not less than 0.5% available chlorine is an additional safeguard.

(f) Mats, cloth or other absorptive materials shall not be placed on bathroom floors or shower room floors.

(g) Duck boards shall not be used in shower rooms.

(h) Each shower room or bathroom shall be adequately ventilated by freely opening windows that shall be screened with sixteen mesh wire screen.

(i) Use of common towels shall not be permitted.

(See Reg. 19-13-B62.)

Regs., Conn. State Agencies § 22-17a-12 Refuse disposal for workers' quarters

Metal cans with tight fitting covers or other method of storage approved by the local director of health shall be provided to store rubbish pending collection and final disposal. Refuse shall be hauled away as necessary and disposed of so as not to create a nuisance. Rubbish cans shall be stored in the manner outlined for storage of garbage cans.

(See Regs. 19-13-B63; 22-17a-6(h).)

Department of Agriculture Department of Agriculture

22-26gg Agricultural Lands Preservation

Regs., Conn. State Agencies § 22-26gg-1 (Repealed)

Repealed August 21, 1991.

Regs., Conn. State Agencies § 22-26gg-1a Definitions (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-2 Application (Repealed)

Repealed December 13, 2023.

History

• Effective September 21, 1979; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-3 Probability of sale for non-agricultural use (Repealed)

Repealed December 13, 2023.

History

• Effective September 21, 1979; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-4 (Repealed)

Repealed December 5, 1980.

Regs., Conn. State Agencies § 22-26gg-4a (Repealed)

Repealed March 26, 1984.

Regs., Conn. State Agencies § 22-26gg-4b (Repealed)

Repealed August 21, 1991.

Regs., Conn. State Agencies § 22-26gg-4c Scoring values (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-5 Acquisition cost (Repealed)

Repealed December 13, 2023.

History

• Effective September 21, 1979; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-6 Notification (Repealed)

Repealed December 13, 2023.

History

• Effective September 21, 1979; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-7 Filing of acceptance (Repealed)

Repealed December 13, 2023.

History

• Effective September 21, 1979; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-8 Application for building (Repealed)

Repealed December 13, 2023.

History

• Effective September 21, 1979; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-9 Basic requirements for joint acquisition of development rights to agricultural lands (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-10 Application procedure for applying to the department of agriculture for approval of joint acquisition of development rights (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-11 Evaluations of applications by the commissioner (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-12 Schedule of contributions (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-13 Appraisals (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-14 Agreement for joint purchase (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-15 Negotiations with the applicant (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-16 Conveyance of development rights (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-17 Enforcement of restrictions (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-18 Determination of acreage amounts of arable land including prime and important farmland present at the time of purchase of development rights and adjustments due to construction of residences and farm buildings made after the sale of development rights to the state (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-19 Owner's responsibility to notify the commissioner of activities affecting restricted land (Repealed)

Repealed December 13, 2023.

History

• Effective August 21, 1991; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-26gg-20 Definitions

Any words, terms or phrases used in this section and sections 22-26gg-21 to 22-26gg-35, inclusive, of the Regulations of Connecticut State Agencies have the meanings assigned to them in this section and Chapter 422a of the Connecticut General Statutes.

(1) “Applicant” means the fee simple owner of agricultural land, or a person or entity lawfully empowered to exercise the rights of the fee simple owner that chooses to voluntarily offer to sell the development rights of such agricultural land;

(2) “Community farms preservation program” means the program established pursuant to section 22-26nn of the Connecticut General Statutes for the preservation of farmland;

(3) “Farmland preservation program” means the program established pursuant to section 22-26cc of the Connecticut General Statutes for the acquisition of development rights to agricultural land;

(4) “Farm roads” means unpaved lanes used for access to interior portions of restricted agricultural lands by farm machinery for agricultural planting, maintenance, and harvesting operations;

(5) “Locally important farmland soils” means soils defined and classified by the USDA NRCS as being of local importance for the production of food, feed, fiber, and forage crops;

(6) “NRCS” means the Natural Resources Conservation Service of the USDA;

(7) “Project” means an application by an applicant who voluntarily offers the development rights to certain agricultural land for purchase by the Commissioner of Agriculture and project partners, if any, through the farmland preservation program or the community farms preservation program;

(8) “Project partner” means a municipality jointly purchasing development rights to agricultural land, in accordance with section 22-26cc(e) or 22-26nn(f) of the Connecticut General Statutes, or a nonprofit organization jointly acquiring development rights to agricultural land, in accordance with section 22-26cc(g) or 22-26nn(h) of the Connecticut General Statutes;

(9) “Residential driveway” means unpaved or paved access from a public road to a residence located on restricted agricultural lands;

(10) “Statewide important farmland soils” means soils defined and classified by the USDA NRCS as being of statewide importance for the production of food, feed, fiber, and forage crops; and

(11) “USDA” means the United States Department of Agriculture.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-21 Application

Any applicant who wishes to apply under the farmland preservation program, or apply under the community farms preservation program upon determination of ineligibility under the farmland preservation program, to enter into an agreement with the Commissioner and project partners, if applicable, for the purchase of the development rights of the applicant’s agricultural land, shall do so on a form provided by the Department.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-22 Procedure for Applicants to Voluntarily Apply to Convey the Development Rights of their Agricultural Land to the Department through the Farmland Preservation Program

(a) An applicant shall apply to the farmland preservation program on a form provided by the Department, and provide the following information:

(1) the full legal name(s) of the applicant(s);

(2) any property title deed references in municipal land records;

(3) copies of municipal tax assessor maps and field cards of the property;

(4) the location, the total acreage, and acreage in active cropland of the property;

(5) any prime farmland, statewide and locally important farmland soils map of the property;

(6) a description of agricultural infrastructure, including buildings, other structures, water and other utilities;

(7) any marketing information for selling agricultural products produced on the property;

(8) a copy of any conservation plan, current farm business plan, leases, and recent grant awards from the Department, the USDA or other source; and

(9) such other information as may be requested by the Commissioner.

(b) Upon receipt by the Department of a complete, signed application, the Commissioner shall initiate an evaluation of whether to purchase the development rights, and whether to do so with one or more eligible project partners, if applicable.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-23 Procedure for Applicants to Voluntarily Apply to Convey the Development Rights of their Agricultural Land to the Department through the Community Farms Preservation Program

(a) An applicant shall apply to the community farms preservation program on a form provided by the Department, and provide the following information:

(1) the full legal name(s) of the applicant(s);

(2) any property title deed references in municipal land records;

(3) copies of municipal tax assessor maps and field cards of the property;

(4) the location, the total acreage, and acreage in active cropland of the property;

(5) the amount of cropland of the property available for food or fiber production;

(6) any prime farmland, statewide and locally important farmland soils map of the property;

(7) a description of agricultural infrastructure, including buildings, other structures, water and other utilities;

(8) a copy of any conservation plan, current farm business plan, leases, and recent grant awards; and

(9) such other information as may be requested by the Commissioner.

(b) Upon receipt by the Department of a complete, signed application, the Commissioner shall initiate an evaluation of whether to purchase the development rights, and whether to do so with one or more eligible project partners, if applicable.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-24 Scoring Values for Farmland Preservation Program Projects

The Commissioner shall use the following scoring values when considering applications for inclusion in the farmland preservation program. A minimum total score of 65 points from subsections (a) to (j), inclusive, of this section is required for any further consideration by the Commissioner.

PROBABILITY OF LAND BEING SOLD FOR NON-AGRICULTURAL PURPOSES (The combined point totals of subsections (a), (b), (c) and (d) of this section shall not exceed 20 points.)

(a) Municipal population change occurring over the previous ten years (maximum of 5 points allowed in this subsection): none or decrease 0 points0.01 – 0.99% increase 1 point1.00 – 1.99% increase 2 points2.00 – 2.99% increase 3 points3.00 – 4.99% increase 4 points5.00% or greater5 points

(b) Amount of farmland or open space converted to non-agricultural uses within the municipality over the previous five years (per property sales and changes to land designation under sections 12-107a to 12-107f, inclusive, of the Connecticut General Statutes, from a municipal tax assessor) (maximum of 5 points allowed in this subsection): none 0 points0.01 – 49.99 acres 1 point50 – 99.99 acres 2 points100 – 149.99 acres3 points150 – 199.99 acres 4 points200 acres or more 5 points

(c) Amount of cumulative road frontage, according to municipal tax assessment, or municipal or regional council of government assessment of potential interior road frontage, based on current zoning (maximum of 5 points allowed in this subsection): 0 – 149.99 feet0 points150 – 299.99 feet 1 point300 – 449.99 feet 2 points450 – 599.99 feet 3 points600 – 749.99 feet 4 points750 feet or more 5 points

(d) Estate planning, farm business planning, existing leases (Only one selection possible. Maximum of 10 points allowed in this subsection):

(1) Offered farmland is being farmed by the owner with an existing farm business plan (10 points)

(2) Existing estate planning or settlement directing assets to the next generation of farmers (10 points)

(3) Owner actively seeking a farmer as a buyer through Connecticut Farmlink, or will be selling to current farm lessee (10 points)

(4) Offered farmland is subject to a written lease held by an agricultural producer for at least five years (7 points)

(5) Offered farmland is subject to a written lease held by an agricultural producer for a duration of one year to four years eleven months (4 points)

CURRENT PRODUCTIVITY AND LIKELIHOOD OF CONTINUED PRODUCTIVITY FOR AGRICULTURE, MITIGATION OF FLOOD HAZARDS (Maximum of 20 combined points allowed in subsections (e) and (f) of this section.)

(e) Method of marketing the agricultural products produced on the farmland (maximum of 10 points allowed in this subsection):

(1) Regular agricultural cooperative, farm-to-school, or farm-to-institution contract (10 points)

(2) Offered farmland acreage part of community-supported-agriculture (CSA) operation (10 points)

(3) On-farm store or farm stand sales (10 points)

(4) Consumer “pick-your-own” operation on the offered farmland (10 points)

(5) Agricultural producers sell agricultural products at off-site farmers market(s) (8 points)

(6) Delivery or distribution of agricultural products produced on the offered farmland (8 points)

(f) Active farmland within a five-mile radius and the existence of flood hazard mitigation (maximum of 10 points allowed in this subsection): Less than 200 acres 0 points200 - 299.99 acres 2 points300 – 499.99 acres 4 points500 – 799.99 acres 6 points800 – 999.99 acres 8 points1000 acres or more 10 pointsthe land consists of floodplain with significant floodstorage capacity 5 points

CONTRIBUTION TO STATE’S AGRICULTURAL PRESERVATION POTENTIAL, AND SOIL CLASSIFICATION (subsections (g) to (i), inclusive, of this section)

(g) Total cropland offered (maximum of 20 points allowed in this subsection): 0 – 4.99 acres 0 points5 – 9.99 acres 4 points10 – 19.99 acres 8 points20 – 29.99 acres 12 points30 – 39.99 acres 16 points40 acres or more 20 points

(h) Quantity of farmland offered that is classified as prime farmland or statewide important or locally important farmland soils (maximum of 20 points allowed in this subsection): less than 10 acres 0 points10 – 19.99 acres 4 points20 – 29.99 acres 8 points30 – 39.99 acres 12 points40 – 49.99 acres 16 points50 acres or more 20 points

(i) Percentage of cropland in application that contains prime farmland or statewide important or locally important farmland soils (maximum of 10 points allowed in this subsection): Less than 20% 0 points20 – 34.99% 2 points35 – 49.99% 4 points50 – 64.99% 6 points65 – 79.99% 8 points80% or more 10 points

COST OF ACQUIRING SUCH RIGHTS (subsection (j) of this section)

(j) Cost-share contributions towards the purchase of development rights (maximum of 15 points allowed in this subsection):

(1) The offered farmland meets the criteria for the USDA farmland preservation funding program, or other equivalent federal cost-share program (10 points)

(2) The offered farmland has a project partner providing a cost-share contribution to the project (5 points)

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-25 Scoring Values for Community Farms Preservation Program Projects

The Commissioner shall use the following scoring values when considering applications for inclusion in the community farms preservation program established pursuant to section 22-26nn of the Connecticut General Statutes. A minimum total score of 70 points from subsections (a) to (j), inclusive, of this section, is required for further consideration by the Commissioner.

SUITABILITY OF THE LAND FOR AGRICULTURAL USE (Combined point totals of subsections (a) and (b) of this section shall not exceed 25 points)

(a) One point for each acre of land offered that is classified as having prime farmland, or statewide or locally important farmland soils (maximum of 15 points allowed in this subsection).

(b) The offered farmland meets the criteria for USDA farmland preservation funding program, or other equivalent federal cost-share program (10 points).

PROBABILITY THAT THE LAND WILL BE SOLD FOR NON-AGRICULTURAL PURPOSES (Combined point totals of subsections (c), (d), and (e) of this section, shall not exceed 25 points):

(c) Municipal population change occurring over the previous ten years (maximum of 5 points allowed in this subsection): none or decrease 0 points0.01 – 0.99% increase 1 point1.00 – 1.99% increase 2 points2.00 – 2.99% increase 3 points3.00 – 4.99% increase 4 points5% or greater 5 points

(d) Amount of farmland, forest land, or open space converted to non-agricultural uses within the municipality over the previous five years (per property sales and changes to land designation under sections 12-107a to 12-107f, inclusive, of the Connecticut General Statutes, from a municipal tax assessor) (maximum of 10 points allowed in this subsection): none 0 points0.01 – 49.99 acres 2 points50 – 99.99 acres 4 points100 – 149.99 acres 6 points150 – 199.99 acres 8 points200 acres or more 10 points

(e) Estate planning, farm business planning, existing leases (Only one selection possible. Maximum of 10 points allowed in this subsection):

(1) Offered farmland is being farmed by the owner with an existing farm business plan (10 points)

(2) Existing estate planning or settlement directing assets to the next generation of farmers (10 points)

(3) Owner actively seeking a farmer as a buyer through Connecticut Farmlink, or will be selling to current farm lessee (10 points)

(4) Offered farmland is subject to a written lease held by an agricultural producer for at least five years (7 points)

(5) Offered farmland is subject to a written lease held by an agricultural producer for a duration of one year to four years eleven months (4 points)

THE CURRENT PRODUCTIVITY AND THE LIKELIHOOD OF CONTINUED PRODUCTIVITY OF THE FARMLAND (Combined point totals of subsections (f), (g) and (h) of this section shall not exceed 25 points)

(f) Existing farm infrastructure (Only one selection possible. Maximum of 7 points allowed in this subsection):

(1) Agricultural buildings and structures are functional and need only minor renovations (2 points)

(2) Agricultural buildings and structures are functional and do not need renovations (3 points)

(3) Offered farmland currently supports a core farm which is owned by the applicant and the core farm contains a functional farmhouse, agricultural building and structure (5 points)

(4) Offered farmland currently supports a core farm that is owned by the applicant, the core farm contains functional agricultural buildings and structures, and the core farm is preserved agricultural land with an existing conservation restriction (7 points)

(g) Amount of cropland in food or fiber production, whether by owner or lessee, as a percentage of the total farmland being preserved (maximum of 8 points allowed in this subsection): less than 20% 0 points20 - 39.99% 2 points40 - 59.99%4 points60 - 79.99% 6 points80 - 100% 8 points

(h) Likelihood of continued productivity of the farmland (maximum of 10 points allowed in this subsection):

(1) Owner abides by a current NRCS soil conservation plan or restoration plan (3 points)

(2) Offered farmland has been in, or is currently part of, the farmland restoration program operated by the Department (4 points)

(3) Offered farmland has been in active agricultural production for at least the prior five years (5 points)

(4) Irrigation water is or will be available on the offered farmland by the time the offered farmland is preserved (5 points)

(i) DEMONSTRATED LEVEL OF COMMUNITY SUPPORT (maximum of 25 points allowed in this subsection):

(1) At least one municipality, land conservation organization or community nonprofit organization agrees to become a project partner and assists with the due diligence process or with acquiring farmland preservation funding contribution toward the acquisition of development rights (16 points)

(2) Regular farm-to-school contract (2 points)

(3) Offered farmland acreage part of community supported agriculture (CSA) operation (4 points)

(4) On-farm store or farm stand sales (2 points)

(5) Consumer “pick-your-own” operation on the offered farmland (2 points)

(6) Sale of agricultural products at Connecticut farmers market(s) (2 points)

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-26 Evaluations of Applications by the Commissioner. Notification of Project Status. Configuration Agreement

(a) The Commissioner shall evaluate an application in accordance with the requirements of section 22-26cc(a) of the Connecticut General Statutes, and section 22-26gg-24 of the Regulations of Connecticut State Agencies for the farmland preservation program.

(b) If the Commissioner rejects an application under the farmland preservation program, the Department shall notify the applicant in writing. Such notification shall include the reason for rejection. The Commissioner shall notify any applicable project partner of any project which has been rejected.

(c) If applicable, and requested by the applicant, the Commissioner shall evaluate an application in accordance with the requirements of section 22-26nn(b) of the Connecticut General Statutes, and section 22-26gg-25 of the Regulations of Connecticut State Agencies for the community farms preservation program.

(d) If the Commissioner rejects an application under the community farms preservation program, the Department shall notify the applicant in writing. Such notification shall include the reason for rejection. The Commissioner shall notify any applicable project partner of any project which has been rejected.

(e) Based on the application, the applicable scoring value evaluation provided for by either section 22-26gg-24 or 22-26gg-25 of the Regulations of Connecticut State Agencies, and in accordance with sections 22-26cc and 22-26nn of the Connecticut General Statues, the amount of agricultural land designated for further consideration as a project acquisition for the farmland preservation program or the community farms preservation program, shall be negotiated and mutually agreed upon between the Commissioner or the Commissioner’s designee, and the applicant through a signed configuration agreement.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-27 Evaluations of Projects by the Commissioner

(a) Once a project has a signed configuration agreement, the Commissioner may request the Office of the Attorney General to assign an outside attorney to prepare and provide to the Commissioner a title report including chain of title, preliminary certificate of title, and list of any existing easements or encumbrances.

(b) Upon receipt and review of a preliminary title report, the Commissioner may acquire one or more appraisals to assess the value of the development rights, or reject the project based on title encumbrances, defects, or other legal or financial considerations.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-28 Appraisals of Value of Development Rights. Qualified Appraisers. Determination by Commissioner. Notification

(a) The value of development rights for project acreage shall be determined by one or more appraisers, which appraisers shall be licensed by the Department of Consumer Protection and selected by the Commissioner. No appraisal shall be performed at the Commissioner's expense unless the appraisal has been previously approved in writing by the Commissioner.

(b) Project partners, at their own expense, may have projects appraised by one or more appraisers. Such appraisals may be submitted to the Commissioner for review and consideration, provided the appraisals are performed consistent with the requirements of subsection (a) of this section.

(c) Applicants, at their own expense, may have their project appraised by one or more appraisers. Such appraisals shall be considered by the Commissioner, provided that the appraisals are performed consistent with the requirements of subsection (a) of this section.

(d) Final determination of the value of development rights for project acreage shall be determined by the Commissioner in accordance with section 22-26cc or 22-26nn of the Connecticut General Statutes, as applicable.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-29 Share of State of Connecticut Contributions for Joint Purchase with a Project Partner of Development Rights

(a) The state may require a contribution for any project with any project partner project. The contribution may include any federal funding, municipally sourced funding, and private contributions.

(b) The Commissioner shall set aside available funds as projects are approved after the value of development rights for such projects have been determined by appraisals acceptable to the Commissioner.

(c) The combined total of all cost-share contributions to a purchase of development rights cannot exceed the value of development rights, as determined by the property appraisal reviewed by the Commissioner.

(d) In no event shall the state pay more per acre of land subject to deeded development rights restrictions than permitted by section 22-26gg of the Connecticut General Statutes.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-30 Agreement for the Joint Acquisition of Development Rights with Project Partner

(a) After the Commissioner’s determination of the value of development rights for the project acreage, but prior to offering to purchase the development rights from an applicant, the Commissioner and each project partner, if any, shall enter into a written agreement. Such agreement shall specifically include, at a minimum, the following:

(1) Available USDA or other federal funding contribution for the project, if applicable;

(2) Maximum contribution for joint purchase of development rights to be provided by the state;

(3) Minimum contribution for joint purchase of development rights to be provided by each project partner through municipally sourced funding, and private contributions, as applicable;

(4) The proposed development rights ownership interest of each project partner, as applicable;

(5) The representative of each project partner authorized to negotiate with the Department and the applicant for purchase of development rights;

(6) A procedure for the adjustment of price based on an A-2 survey acreage adjustment; and

(7) The monitoring of the development rights deed restrictions by the Department and each project partner, as applicable.

(b) The agreement shall be signed by the Commissioner and each project partner's authorized signatory.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-31 Agreement for the Purchase of Development Rights with the Applicant

(a) If the Commissioner decides to acquire the development rights to certain agricultural lands, the Commissioner and the applicant shall enter into a Purchase of Development Rights Agreement. The Commissioner shall be the chief negotiator for the purchase of development rights for the project.

(b) Only one project partner designated negotiator may be involved in negotiations with the applicant and the Commissioner.

(c) The Purchase of Development Rights Agreement shall be on a form provided by the Commissioner. Such agreement shall include at a minimum:

(1) identification of all parties;

(2) a description of the agricultural land acreage for which the development rights will be sold;

(3) any requirements that shall be met before conveyance of development rights takes place;

(4) the development rights purchase price per acre, with the final sum to be determined upon completion of a class A-2 survey;

(5) a condition that the Commissioner may unilaterally reduce the acreage of the agricultural land that is subject to the development rights to exclude any areas of encroachment or contested title;

(6) a condition that the conveyance of a development rights deed contain provisions as the Commissioner deems necessary to fulfill the purposes of Chapter 422a of the Connecticut General Statutes;

(7) a condition that the conveyance of a development rights deed contain provisions as the Commissioner deems necessary to fulfill the purposes of the USDA, or any successor federal funding program for farmland preservation, in accordance with sections 22-26cc(j) and 22-26nn(k) of the Connecticut General Statutes; and

(8) a condition that the conveyance of a development rights deed is subject to any applicable statutory approvals by the State Properties Review Board, and the Office of the Attorney General.

(d) The Purchase of Development Rights Agreement may be withdrawn by the Commissioner any time prior to acceptance by the applicant for any reason without cause.

(e) Notice of the purchase of development rights shall be filed by the Department in the municipal land records where the agricultural land is situated in accordance with sections 22-26cc and 22-26nn of the Connecticut General Statutes.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-32 Conveyance of Development Rights

(a) The Commissioner shall determine the acreage of arable lands and prime farmland, and statewide and locally important farmland soils present at the time of purchase of development rights by the state. Aerial photographs, property surveys, soil surveys, and on-site inspections may be used to determine acreage.

(b) At the time of the conveyance, the applicant shall deliver on a form provided by the state, a warranty deed conveying marketable title in and to the development rights of the property, naming the state, and if applicable, any project partner, as grantees.

(c) Deeds of the purchased development rights on affected land shall be filed by the Department in the land records of each municipality where the land is located and with the Office of the Secretary of the State.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-33 Enforcement of Restrictions

(a) The Commissioner and each project partner shall cooperate in the monitoring of the development rights deed restrictions placed on a project. Development rights restrictions shall be enforced by the Commissioner.

(b) Inspections of development rights deed restrictions placed on a project property for compliance of restrictions shall be performed by the Commissioner in accordance with the associated deed and with sections 22-26ii and 22-26nn(k) of the Connecticut General Statutes. The designated agent of an applicable project partner shall be notified prior to onsite inspections and may accompany the Commissioner during such inspection.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-34 Owner's Responsibility to Obtain Permission from the Commissioner for Activities Affecting Restricted Land

(a) An owner of land subject to development rights acquired by the state pursuant to Chapter 422a of the Connecticut General Statutes shall notify the Commissioner in writing, on a form provided by the Commissioner, with a complete set of site plans and specifications, not less than ninety days prior to the proposed commencement of any of the following activities:

(1) Special events or re-occurring events;

(2) Construction of a building, addition to an existing building, structure, road, or other improvement to the land, including a non-commercial on-site energy generation and use system;

(3) Construction of a residence, residential driveway, or addition to an existing residence for any person directly incidental to the farm operation;

(4) Land clearing and any other land disturbance, and the temporary stockpiling of prime farmland, or statewide or locally important farmland soils;

(5) Gravel excavation; or

(6) Lease of the entirety or any portion of the land subject to development rights. The owner shall provide the Commissioner with the terms and duration of the lease, and the contact information of the lessee.

(b) The Commissioner or the commissioner’s designee shall evaluate any proposed activity for conformance with any restriction in the deed of conveyance of the development rights, and notify the owner, in writing, if the proposed activity is approved, denied, or if further information is required, no later than forty-five days from receipt of a complete application.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-35 Sale of Land Subject to Development Rights. Notification by Owner

If land subject to development rights acquired by the state pursuant to Chapter 422a of the Connecticut General Statutes is to be sold, the owner shall notify the Commissioner in writing of such impending sale not more than ninety days before transfer of title to the land and shall include the name and address of the prospective buyer.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-26gg-36 --- 22-26gg-40. Reserved

Sec. 22-26gg-36. --- 22-26gg-40. Reserved.

History

• Effective December 13, 2023

Commissioner of Agriculture and Natural Resources Commissioner of Agriculture and Natural Resources

22-27 Poultry and Poultry Products

Regs., Conn. State Agencies § 22-27-A1 Turkeys to be Connecticut-grown and young. Tags

Turkeys graded as "Connecticut Fancy Grade" shall be grown in Connecticut and young.

(a) "Grown in Connecticut" means birds raised in the state by a producer registered with the department of agriculture and natural resources and identified by an official tag designated by the commissioner of agriculture and natural resources. The official tags are as follows: (1) The Connecticut Fancy Grade Yellow Tag bearing the New England label, the trade mark of the Connecticut Turkey Producers' Association, and the name, address and registry number of the producer. Use of this tag is restricted to producer members of the Connecticut Turkey Producers' Association; (2) the New England Fancy Grade Tag of the New England Turkey Producers' Association which bears the registry number of each producer. Use of this tag is restricted to producer members of the various state turkey organizations cooperating with the New England Association; (3) the Manila Tag bearing the New England Label and the name, address and registry number of the producer. This tag is for use by any turkey producer in Connecticut who is not affiliated with the Connecticut Turkey Producers' Association but who desires to market turkeys under the Connecticut Fancy Grade. Connecticut producers shall register with the department of agriculture and natural resources before becoming eligible to use any of the above tags.

(b) "Young" means male or female birds less than one year old.

Regs., Conn. State Agencies § 22-27-A2 Turkeys to be well bled and dressed

Turkeys graded as "Connecticut Fancy Grade" shall be well bled, well dressed, either dry picked or semi-scalded, and with carcass clean.

(a) "Well bled" means no red pin marks on the breast and no reddening of thighs, wing tips or skin caused by blood clots.

(b) "Well dressed" means breast practically free of pin feathers, only a few scattering pin feathers over the remainder of the carcass, and vent, legs, shanks, feet and head clean. Clean picking of wing tips is recommended. Optional with growers. The head shall be properly wrapped with suitable parchment or a waxed wrapper or bag.

(c) "Dry picked" means plucked without wetting the feathers.

(d) "Semi-scalded" means plucked after immersing in hot water of 126-130°F. for not over thirty seconds.

Regs., Conn. State Agencies § 22-27-A3 Turkeys to be soft meated and well fleshed

Turkeys graded as "Connecticut Fancy Grade" shall be soft meated and well fleshed with broad full breast and with the entire carcass well covered with fat. "Well fleshed" means birds with well developed breasts and well covered with flesh over thighs, back and pin bones. Due allowance shall be made for fleshing condition characteristic of sex.

Regs., Conn. State Agencies § 22-27-A4 Turkeys to be free of bruises or discolorations

Turkeys graded as "Connecticut Fancy Grade" shall be free from flesh or skin bruises, abrasions or discolorations which are more than very slight, none of which shall be on breast or thighs.

(a) "Flesh bruise" means a bruise in the flesh which shows through the skin but does not penetrate the skin.

(b) "Skin bruise" means a bruise of the skin sufficient to form a blood clot under it but not extending into the flesh.

(c) "Skin abrasions" means reddened, bruised or scuffed outer skin caused by rubbing or rough handling.

(d) "Discoloration" means any prominently noticeable change from the normal color.

Regs., Conn. State Agencies § 22-27-A5 Broken bones prohibited

Turkeys graded as "Connecticut Fancy Grade" shall have no broken bones, wing tips excepted. "Wing tips" means the first or outer joint.

Regs., Conn. State Agencies § 27-27-A6 Deformities

Turkeys graded as "Connecticut Fancy Grade" shall have no crooked or seriously indented breast bone (not to exceed one-quarter inch in depth) or other deformities.

(a) "Crooked breast bone" means breast bone sufficiently crooked to interfere with slicing of meat.

(b) "Deformities" means hunch back, crooked breast, crooked back, misshaped legs or wings, or other conditions unnatural for normal, healthy birds.

Regs., Conn. State Agencies § 22-27-A7 No feed in crops

Turkeys graded as "Connecticut Fancy Grade" shall have no feed in crops that can be detected by feeling or by sight.

Regs., Conn. State Agencies § 22-27-B1 Specification for official Connecticut standards for quality of individual shell eggs

(a) With clean unbroken shells: (1) AA quality. The shell shall be clean, unbroken and practically normal. The air cell shall not exceed one-eighth inch in depth and be practically regular. The white shall be clear and firm so that the yolk appears well centered and its outline only slightly defined when the egg is twirled before the candling light. The yolk shall be free from apparent defects. (2) A quality. The shell shall be clean, unbroken and practically normal. The air cell shall not exceed two-eighths inch in depth and shall be practically regular. The white shall be clear and at least reasonably firm so that the yolk appears at least fairly well centered and its outline only fairly well defined when the egg is twirled before the candling light. The yolk shall be practically free from apparent defects. (3) B quality. The shell shall be clean, unbroken and may be slightly abnormal. The air cell shall not exceed three-sixths inch in depth and may show total movement not in excess of three-eighths inch. However, an air cell not over two-eighths inch in depth may be free. The white shall be clear, but may be slightly weak so that the yolk may appear off center with its outline well defined when the egg is twirled before the candling light. The yolk may appear slightly enlarged and slightly flattened and may show other definite but not serious defects. (4) C quality. The shell shall be clean and unbroken and may be abnormal. The air cell may be over three-eighths inch in depth and may be bubbly or free. The white may be weak and watery so that the yolk may appear off center and its outline plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged and flattened and may show clearly visible germ development but no blood due to such development. It may show other serious defects that do not render the egg inedible. Small blood clots or spots may be present.

(b) With dirty unbroken shells: (1) Stained. Individual egg that has no adhering dirt and no more than a combined total of one-eighth of the shell surface stained or soiled. (2) Dirty. Individual egg that has adhering dirt or more than a combined total of one-eighth of the shell surface stained or soiled. (3) Check. Individual egg that has a broken shell or crack in the shell but with no leakage of the contents.

(c) With checked or cracked shells: Leaker. Individual egg that has a broken shell or crack in the shell and shell membranes with the contents exuding or free to exude through the shell.

(See 1961 Supp. § 22-41.)

Regs., Conn. State Agencies § 22-27-B2 Connecticut specifications and weight classes for consumer grades for shell eggs

(a) Grade AA shall consist of edible eggs of which at least eighty per cent1 are AA quality, fifteen per cent1 may be A quality and not over five per cent1 may be of qualities below A, in any combination, but not including dirties.2

(b) Grade A shall consist of edible eggs of which at least eighty per cent1 are A quality or better, fifteen per cent1 may be B quality and not over five per cent1 may be of the qualities below B, in any combination, but not including dirties.2,3

(c) Grade B shall consist of edible eggs of which at least eighty per cent1 are B quality or better, ten per cent1 may be C quality or stained, in any combination, and not over ten per cent1 may be dirties or checks in any combination.2,3

(d) Grade C shall consist of edible eggs of which at least eighty per cen1t are C quality or stained, in any combination, or better, and the balance may be dirties or checks in any combination.2

(e) No grade. Eggs of possible edible quality that fail to meet the requirements of an official Connecticut grade or that have been contaminated by smoke, chemicals or other foreign material that has seriously affected the character, appearance or flavor of the eggs are classed as "No Grade."

(See 1961 Supp. § 22-41.)

1 Officially graded eggs shall conform as nearly as possible to the specifications of the respective standards of quality. Tolerances (a total of twenty per cent) are permitted within each grade only as an allowance for variable efficiency and interpretation of conscientious graders, normal changes under favorable conditions during reasonable period between grading and inspection, and reasonable variation from inspector’s interpretation. Substitution of higher qualities for these specified is permitted.

2 Within the total tolerance permitted an allowance will be made at receiving points or shipping destination for one-half per cent leakers in grades AA, A and B, and one per cent in grade C.

3 Eggs with stained shells but otherwise conforming to the specifications of grade A or grade B may be classified as grade A, stained, or grade B, stained, respectively.

Regs., Conn. State Agencies § 22-27-B3 Weight classes for consumer grades for shell eggs

| Size ofWeightclass | Minimum netweight perdozen | Minimum netweight per30 dozen | Minimum weightfor individual eggs atrate per dozen1 | | --- | --- | --- | --- | | | Ounces | Pounds | Ounces | | Jumbo | 30 | 56 | 29 | | Extra Large | 27 | 50½ | 26 | | Large | 24 | 45 | 23 | | Medium | 21 | 39½ | 20 | | Small | 18 | 34 | 17 | | Peewee | 15 | 28 | |

(See 1961 Supp. § 22-42.)

1 Minimum weights listed for individual eggs at the rate per dozen are permitted in various size class only to the extent that they will not reduce the net weight per dozen below the required minimum, consideration being given to variable weight of individual eggs and variable efficiency of graders and scales, which should be maintained on a uniform and accurate basis.

Department of Agriculture Department of Agriculture

22-33 Grading and Marketing of Farm Products

Regs., Conn. State Agencies § 22-33-1 Grades and conditions

All agricultural farm products, including fresh fruits and vegetables, horticultural products, maple syrup and honey shall meet any marked or designated U.S. grades as pertaining to that particular lot. Any lots which contain grade and/or condition defects in excess of the applicable U.S.D.A. registered percentages and tolerances shall be subject to removal from public sale.

History

• Effective September 4, 1986

Regs., Conn. State Agencies § 22-33-2 Labeling requirements

All packages for agricultural farm products, including fresh fruits and vegetables, horticultural products, maple syrup and honey shall contain the following information:

(a) Name and address of manufacturer, packer or distributor.

(b) Commodity name.

(c) Quantity—net quantity of contents will be in terms of weight, measure or numerical count. Unless a statement of numerical count gives accurate information as to the quantity of food in a package, it will be supplemented by a statement of weight, measure, or size of the individual units.

(d) Markings—print must be prominent, definite, plain and in English. Size of letters and numbers in the quantity declaration must comply with the requirements of the Federal Fair Packaging and Labeling Act.

(e) Bulk Displays—grade, variety or type identified when applicable. Where price per pound is quoted on display, grade and variety must be also posted. On unknown variety, it must be marked "unknown."

History

• Effective September 4, 1986

Regs., Conn. State Agencies § 22-33-3 Packaging requirements

(a) Used Containers—when agricultural farm products, including fresh fruits and vegetables, horticultural products, maple syrup and honey are packed in used containers and sold or offered for sale or transported for sale, any markings pertaining to the original contents shall be obliterated and such container shall be conspicuously marked or labeled with proper labeling requirements.

(b) Container Coloring—any agricultural farm products, including fresh fruits and vegetables, horticultural products, maple syrup and honey packaged for sale in a container which is misleading in form, fill or (enhancing, tinted or striped) color shall be deemed to be misbranded. (Examples: Carrots, potatoes, apples, celery, parsnips in color-enhancing packages). Any transparent or semi-transparent packaging used for fresh produce which is tinted over any of its surface with a color which enhances the appearance of the commodity inside is deemed to be misleading and in violation of this regulation if it is not entirely clear or colorless over at least 50% of the surface area. This clear area must be unobstructed and undivided by any color, tint or printed matter.

(c) Additives—any agricultural farm products, including fresh fruis and vegetables, horticultural products, maple syrup and honey packaged for sale which has had artificial coloring or permitted chemical applied after harvest, shall be deemed to be misbranded, unless it bears labeling stating that fact.

History

• Effective September 4, 1986

Commissioner of Agriculture and Natural Resources Commissioner of Agriculture and Natural Resources

22-33-A Potatoes

Regs., Conn. State Agencies § 22-33-A1 Connecticut standard grades (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Regs., Conn. State Agencies § 22-33-B1 Obligations of packers (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Regs., Conn. State Agencies § 22-33-B2 Obligations of manufacturers of "Charter Oak Brand" potato bags (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Department of Agriculture Department of Agriculture

22-33-C Connecticut Quality Seal Program

Regs., Conn. State Agencies § 22-33-C1 Use of quality seal

The Connecticut Quality Seal may be used on agricultural commodities that are produced in Connecticut.

(a) The Connecticut Department of Agriculture approves the use of the Connecticut Grown map symbol as an official emblem for identifying Connecticut produced agricultural commodities. The Connecticut Quality Seal is an oval shaped seal with the Connecticut Grown logo, which consists of an outline, located in the center of the oval, of the borders of the state of Connecticut with a farm scene imprinted within the center of the outline of the borders of Connecticut, and the words Connecticut Grown and Quality Seal written on the perimeters of the oval.

(b) Any person, firm, partnership, corporation, cooperative or association wishing to employ the Connecticut Quality Seal in marketing Connecticut agricultural commodities shall make application to the Connecticut Department of Agriculture. The application shall be made in writing on a form provided by the department for this purpose. The application shall reveal such information as is deemed necessary for the administration of the Connecticut Quality Seal program. Information requested will include the following: Name and Address, Trade Name, Commodity, Partnership or Corporation, Place of Business, Type of Container Used.

History

• Effective April 25, 1988

Regs., Conn. State Agencies § 22-33-C2 Containers

Any person, firm, partnership, corporation or cooperative wishing to supply containers bearing the Connecticut Quality Seal to licensed registrants shall make application to the Connecticut Department of Agriculture. The application supply containers shall be made in writing on a form provided by the department.

History

• Effective April 25, 1988

Regs., Conn. State Agencies § 22-33-C3 Rejection of applications

The commissioner may reject applications on the basis of the following: Failure of the applicant's product to conform with the grade standards for that commodity; the applicant's history of compliance with the conditions of any prior approval for use of the Connecticut Quality Seal; the applicant's commodity is not produced in Connecticut. Approved applications shall be valid for a period of one (1) year commencing July 1 of each year. Interim license and registration number may be granted to the applicant for a period of less than one (1) year. Application shall be submitted at least thirty (30) days prior to the effective date requested. The commissioner shall approve or deny the application in writing within thirty (30) days of receipt. If an application is denied, the applicant within thirty (30) days from the date of mailing of the notice of denial, may appeal to the commissioner for an opportunity to be heard. A notice of hearing will be given to the applicant within thirty (30) days after receipt by the commissioner of the applicant's notice of appeal, and at least ten (10) days prior to the hearing. Notice to the applicant of such a hearing will be given by hand delivering the notice to the applicant or by mailing it to the applicant. Any person who violates any of the provisions of Section 22-33 of the Connecticut General Statutes shall be subject to the penalties prescribed by Section 22-30 of the Connecticut General Statutes and to the revocation of approval.

History

• Effective April 25, 1988

Regs., Conn. State Agencies § 22-33-C4 Quality seal promotional material

(a) Approved users may purchase Connecticut Quality Seal labels in increments of 1,000. The charge for Connecticut Quality Seal labels and for Connecticut Quality Seal closing tape shall be equal to the cost to the Department of Agriculture for the same. Checks are to be made payable to the Connecticut Department of Agriculture.

(b) Advertisement material employing the Seal may be obtained from the Department of Agriculture.

(c) Materials bearing the seal may not be transferred except in connection with the transfer of agricultural products meeting the grade standard for the commodity contained therein.

(d) Each approved user shall submit by June 1 of the year of approval a report on forms supplied by the department.

Information required will include:

1. An inventory of approved Connecticut Quality Seal Program logo imprinted materials;

2. Numbers of Connecticut Quality Seal Program materials used.

Failure to supply the above in a timely manner may be cause for rejection of application for the following year and revocation of any existing applications.

History

• Effective April 25, 1988

Regs., Conn. State Agencies § 22-33-C5 Agricultural commodities intended to be marketed under the Connecticut quality seal program

All agricultural commodities marketed under the Connecticut Quality Seal program shall be produced and packed in Connecticut.

History

• Effective April 25, 1988

Regs., Conn. State Agencies § 22-33-C6 Commodity grades, packing requirements, packer identification and containers

(a) All agricultural products bearing the Connecticut Quality Seal shall meet the Connecticut Quality Seal grade standards established by regulation for that commodity.

(b) Each closed container bearing the Connecticut Quality Seal shall either have the name and address of the approved user or, in the case of a cooperative packing, the registration number of approved user. All labeling, packaging and sales of commodities shall be in accordance with the provisions of regulations of Connecticut State Agencies, Section 42-115j-1 through 22-115j-8. All containers shall be new.

History

• Effective April 25, 1988

Regs., Conn. State Agencies § 22-33-C7 Point-of-purchase requirements

The Connecticut Quality Seal shall be advertised or displayed only in association with commodities produced and packed under the Quality Seal Program.

History

• Effective April 25, 1988

Regs., Conn. State Agencies § 22-33-C8 Quality seal grade standards for apples

(a) Each apple shall be of a diameter not less than 2½ inches.

(b) Apples shall be of one or more of the following varieties:

Macintosh

Standard Red Delicious

Red Sport Delicious

Partially Red Varieties

Idared

Empire

Opalescent

Macoun

Cortland

Yellow Varieties

Green Varieties

Early Red Varieties

(c) Each apple shall display no more than the following defects: Scab:noneCedar rust:noneRough russeting:up to ½″ in diameter, not including russeting inside stem and calyx ends, except no excessively rough or bark-like russeting shall be permitted. Smooth net-like russeting:up to 10% of surface, except for Golden Delicious which can be up to 15% of surface.Smooth solid russeting:up to 5% of surface, except for Russet varieties which allows any amount.Hail Damage:noneLimb rub:up to ¼″ in diameter.Stem punctures:noneCracks:noneInsect stings:up to ⅛″Sooty Blotch or Fly Speck:noneSpray Burn:if spray burn blends into normal color and there are no blisters or cracks.Watercore:none allowed after January 31.Bruises:Firm, flat, shallow bruises only, not over ⅛″ to deepest point; one bruise less than ½″ in diameter, or several bruises each less than ½″ in diameter, and total area of which does not exceed ¾″ in diameter. Ripeness:apples shall pressure test at least 12 lbs.Shape:must be fairly well formed and typical of the variety.Color:Macintosh–75% redRed Sport Delicious–100% redStandard Red Delicious–100% redPartially red varieties–75% redIdared–75% redEmpire–75% redOpalescent–75% redMacoun–75% redCortland–75% redYellow varieties–75% yellow characteristic for the variety.Green varieties–Characteristic for the varietyEarly red varieties–75% red

Regs., Conn. State Agencies § 22-33-C9 Quality seal grade standards for apple cider

(a) Cider products marketed under the Connecticut Quality Seal shall meet the requirements of the general regulations pertaining to the Connecticut Quality Seal Program and the additional regulations as set forth in this section.

(b) Product Quality and Processing

(1) Apples should be free of dirt, dust, decay, spray residue, insect infestation and other foreign material.

(2) Cider shall be free of foreign flavors or odors.

(3) Cider shall be free from coarse particles of apple pomace or seeds.

(4) No adulteration of any kind is permitted in apple cider marketed under Connecticut Quality Seal regulations. However, this subsection shall not be meant to preclude the addition of preservatives provided that the cider products is so labeled.

(5) Pasteurization is not allowed.

(c) Processing Area and Equipment

(1) The cider processing area must be an enclosed building. The floors must be kept clean and provide adequate drainage. Wall and ceiling surfaces must be washable. If gasoline or diesel motors are used for powering equipment, the motors must be placed outside of the cider building.

(2) All machinery and equipment shall be in proper operating condition and be capable of being washed and cleaned. All surfaces coming in contact with pulp or cider must be made of wood, plastic, stainless steel or glass. Copper, tin, and other materials which might alter the flavor of the cider must not come in contact with the apples or cider during processing and storage.

(3) Hot water for sterilization of machinery and equipment that come in contact with the cider shall be available in the cider making area or adjacent to it.

(4) Cider storage containers must be covered. Cider shall be cooled promptly after it is made. Cider must be cooled below 40°F.

(5) Press cloths, racks, and forms are to be made of materials that can be easily cleaned.

(6) As the cider is processed, it shall be filtered prior to bulk storage or bottling.

(d) Cleanliness and Sanitation

(1) All machinery, equipment and fluid lines must be washed prior to each use and on a daily basis during periods of continuous use. All surfaces that come in contact with apple pulp or cider must be washed.

(2) Floors, walls, and ceilings in the area of the grinding machine and pulp disposal shall be kept clean.

(3) Press cloths shall be rinsed and washed; racks and forms shall be scrubbed and cleaned, so as to keep each of these items clean during use.

(4) Cider containers and caps must be new and stored in a clean area prior to use.

(5) Pomace and reject apples are to be removed from pressing area daily.

History

• Effective May 19, 1989

Regs., Conn. State Agencies § 22-33-C10 (Repealed)

Repealed February 6, 1991.

Regs., Conn. State Agencies § 22-33-C10a Quality seal grade standards for honey

(a) Honey products marketed under the Connecticut Quality Seal shall meet the requirements of the general regulations pertaining to the Connecticut Quality Seal Program and the additional regulations as set forth in this section.

(b) Definitions.

(1) Extracted honey. Honey that has been physically removed from the comb.

(2) Crystallized honey. Honey that is or has begun the natural process of granulation.

(3) Creamed honey. Processed honey that is granulated, fine-grained, opaque and in a spreadable form, the only ingredient being honey.

(4) Comb. A structure of thin walled cells constructed from beeswax to hold honey.

(5) Combed honey. Honey that is in the comb.

(6) Capped honeycomb. Cells filled with honey that are totally sealed with a layer of wax.

(7) Chunk honey. A package containing cut comb honey which has been submerged in extracted honey.

(c) All honey products shall not be crystallized unless labeled to indicate crystallized honey. Each container of crystallized or crystallizing honey shall bear such a label.

(d) All honey products shall be free from dirt or objectionable materials, such as beeparts or wax.

(e) All off-tasting honey such as honey dew, fermented or burnt tasting honey shall not be permitted to bear the Quality Sea.

(f) All extracted honey products shall have a moisture content equal to or less than 18%.

(g) All extracted honey products shall be 100% pure unadulterated honey, must not contain beeparts or wax.

(h) All forms of comb honey shall be at least 90% capped. All forms of comb honey shall have a minimal amount of bruised, broken or irregular comb.

(i) Creamed honey shall be completely crystallized and fine-grained.

(j) Chunk honey shall be at least 90% capped with a minimal amount of bruised, broken or irregular comb.

(k) All storage and consumer containers shall be clean and sanitized.

(l) The facility and equipment in which honey products are processed shall be kept clean and sanitary.

History

• Effective February 6, 1991

Regs., Conn. State Agencies § 22-33-C11 Quality seal grade standards for maple syrup

(a) Maple products marketed under the Connecticut Quality Seal shall meet the requirements of the general regulations pertaining to the Connecticut Quality Seal Program and the additional regulations as set forth in this section.

(b) Grades

(1) The following grades of maple syrup are eligible to bear the Quality Seal: U.S. grade A light amber, U.S. grade A medium amber, and U.S. grade A dark amber.

(2) Such syrup shall be equal to or above the minimum limits of color and flavor established for the specified grade by the United States Department of Agriculture, Federal Regulation Title 7 CFR 52.5961 to 52.5967, inclusive.

(c) Filtering

(1) The only maple syrup upon which the Quality Seal may be affixed shall consist of 100 percent pure maple syrup which has been filtered at the time of packing and is free of any material other than pure, clear, clean, liquid maple syrup in sanitary condition.

(d) Packing

All maple syrup marketed under the Connecticut Quality Seal shall be packed at a temperature of 180°F or higher.

(e) Maple Products Other Than Syrup

(1) The only maple products upon which the Quality Seal may be affixed shall be made of pure maple syrup.

(2) Products made from such syrup shall contain no sugars, except pure maple sugar and contain no other ingredients except that cream, nuts, and butter may be ingredients of maple fudge.

(f) Packing Facilities

(1) The facilities in which Quality Seal maple products are packed shall be kept neat, clean, and sanitary and shall contain such equipment as is necessary to pack maple products.

History

• Effective May 19, 1989

Regs., Conn. State Agencies § 22-33-C12 Quality seal grade standards for mushrooms

(a) Mushroom products marketed under the Connecticut Quality Seal shall meet all of the requirements of the general regulations pertaining to the Quality Seal program and the additional regulations as set forth in this section.

(b) Processing and packing rooms must be kept clean and sanitary in accordance with Food and Drug Administration standards.

(c) Mushrooms shall be processed and packed to insure freshness.

(d) Mushrooms shall be mature, well trimmed, clean, and free from disease or damage by any cause.

(e) Mushrooms shall be kept under refrigeration at between 35°F–40°F from when they are picked to the time of delivery to the retail outlet.

(f) Mushrooms are to be picked and packed the same day and stored in the same container that they are to be sold in.

History

• Effective May 19, 1989

Commissioner of Consumer Protection Commissioner of Consumer Protection

22-35 Seed Potatoes

Regs., Conn. State Agencies § 22-35-1 Wholesale and retail transactions (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Regs., Conn. State Agencies § 22-35-2 Certified seed potatoes exempt (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Commissioner of Agriculture and Natural Resources/Commissioner of Consumer Protection Commissioner of Agriculture and Natural Resources/Commissioner of Consumer Protection

22-36 Potato Culls

Regs., Conn. State Agencies § 22-36-1 Potato culls (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Regs., Conn. State Agencies § 22-36-2 Labeling. Invoice description (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Commissioner of Agriculture and Natural Resources Commissioner of Agriculture and Natural Resources

22-37 Shipment of Live Poultry

Regs., Conn. State Agencies § 22-37-1 Who shall obtain licenses

Except as noted below, every person, firm or corporation engaged in the business of buying, selling and/or transporting live poultry, the meat of which is to be sold or used for food, shall obtain a license from the commissioner of agriculture and natural resources. Such license will be granted after the applicant has filed application on a special form with said commissioner and has paid the required fee. The following are excepted from the provisions of this section: (1) Merchants transporting dressed poultry; (2) transportation of poultry by common carriers; (For the purpose of administering section 22-37 of the general statutes, as amended, the following definition of common carrier will apply: "One who transports persons or property indiscriminately for hire.") (3) shipments of poultry originating outside the state of Connecticut for destination within the state or passing through the state, provided a bill of sale shall accompany each shipment; (4) transportation by farmers of poultry entirely of their own raising.

Regs., Conn. State Agencies § 22-37-2 Application information

The applicant for such license shall state the name of the applicant; if a firm, the names of members of such firm; and, if the applicant is a corporation, the names of the officers of such corporation. The applicant shall also state the place or places of business and telephone numbers of each place of business and the name of the manufacturer and the state registration number of each motor vehicle used in the conduct of such business.

Regs., Conn. State Agencies § 22-37-3 Each place of business to be licensed separately

Each place of business shall be licensed separately and with each such license there will be issued one set of two number plates for a motor vehicle or other conveyance used in the conduct of the business so licensed.

Regs., Conn. State Agencies § 22-37-4 Posting of license at place of business

The license shall be posted in a conspicuous place within the building or on the premises where the business of buying or selling of live poultry is conducted.

Regs., Conn. State Agencies § 22-37-5 Two metal license plates to appear on motor vehicle or conveyance

Two metal license plates as issued by the department of agriculture and natural resources shall be prominently displayed, one on each side of the conveyance used in the buying, selling and/or transporting of live poultry for food purposes.

Regs., Conn. State Agencies § 22-37-6 Fees

The sum of five dollars made payable to the commissioner of agriculture and natural resources shall accompany each application for license. If more than one motor truck or conveyance is operated by the licensee in the conduct of his business, additional sets of license plates may be obtained at one dollar per set.

Regs., Conn. State Agencies § 22-37-7 Expiration date of all licenses

The expiration date of all licenses, unless previously revoked for cause, will be the last day of February at midnight of each year. The annual fee shall be five dollars per year or any part thereof.

Regs., Conn. State Agencies § 22-37-8 Sales record in duplicate

Each person, firm or corporation licensed to buy, sell and/or transport live poultry for food purposes shall provide himself with a poultry sales record book made in duplicate. The record of all sales shall show the following: (1) The name and address of the seller; (2) the date of the transaction; (3) the number of birds, classification (whether fowls, broilers, ducks, turkeys, etc.), total weight, price per pound and total amount in dollars and cents; (4) the name and address of the licensee or purchaser; (5) the license number, and (6) the motor vehicle registration number of the conveyance.

(Typical sales slip appears below)

POULTRY SALES RECORD

Bought of……………………………………………………………………………(Name of Seller)……………………………………………………………………………(Address of Seller)Date ………………..

No. BirdsClassificationFowl, Broilers, etc.TotalWeightPrice PerPoundTotalAmount_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Name of Buyer ……………………………………………………………………Address ……………………………………………………………………………Poultry License No. …………………………………..Motor Vehicle Registration No. ………………………

The original copy of each sales slip shall be retained by the seller. The duplicate copy of each sales slip shall be retained by the purchaser for a period of six months after such transaction and shall be open for inspection at all times to the commissioner of agriculture and natural resources or his authorized agents.

Regs., Conn. State Agencies § 22-37-9 Permission to transport poultry after dark

The license granted by the commissioner of agriculture and natural resources and referred to under section 22-37-1 and the display of license plates as specified under section 22-37-5 shall constitute permission to transport live poultry upon any public highway within the state of Connecticut between 9 p.m. and 5 a.m., provided a duplicate sales slip, as specified under section 22-37-8, shall accompany such shipment.

Regs., Conn. State Agencies § 22-37-10 Revocation of license

If evidence is submitted to the commissioner of agriculture and natural resources or his authorized agent which convinces him that a holder of a poultry transportation license is defrauding by shortweighing, paying by worthless checks or any other method of dishonest dealing with poultry owners, it shall be deemed sufficient cause for revoking such license.

Department of Agriculture Department of Agriculture

22-38a Joint Venture Program

Regs., Conn. State Agencies § 22-38a-1 Joint venture program

(a) The purpose of the Joint Venture Program is to promote Connecticut Agricultural products through the use of the Connecticut Grown logo.

(b) Approved requests shall be matched in a proportion of not less than one dollar of applicant's funds to three dollars of state funds. The amount granted and the amount to be matched by the applicant shall be approved by the commissioner and specified in the grant agreement pursuant to Section 22-38a-3 (f) of the regulations of Connecticut State agencies.

History

• Effective January 3, 1989

Regs., Conn. State Agencies § 22-38a-2 Eligibility for joint venture funds

Requests must include the following:

(a) an estimated budget.

(b) description of the proposed marketing program with information as to how the program will make use of the slogan "Connecticut Grown" or the "Connecticut Grown" logo to increase consumer demand. The logo, a registered trademark with the Secretary of the State of Connecticut, Number 6653, consists of a variation in outline of the State of Connecticut with barn, silo, tree and field within.

(c) evidence of the availability of matching funds pursuant to Section 22-38a-1 (b) of the Connecticut State Regulations.

History

• Effective January 3, 1989

Regs., Conn. State Agencies § 22-38a-3 Use of joint venture funds

(a) Joint Venture funds shall be used to promote generic Connecticut Grown products.

(b) Joint Venture funds shall not be used to promote one business or farm, or any branded agricultural products, if the promotion may take market share away from other Connecticut vendors of the same commodity.

(c) In visual or printed promotion schemes, the "Connecticut Grown" logo must be used. In oral promotions (such as radio ads), the phrase "Connecticut Grown" must be used.

(d) Joint Venture funds shall not be used for costs such as hotels, meals, travel costs or honoraria.

(e) Joint Venture funds shall only be used for programs which are directly related to marketing or promoting Connecticut Grown products. Such uses do not include career-related or scholarship funds.

(f) Grantees shall execute a grant agreement in a form acceptable to the commissioner prior to receipt of any grant funds.

History

• Effective January 3, 1989

22-39g Produce Safety

Regs., Conn. State Agencies § 22-39g-1 Definitions

As used in this section and in sections 22-39g-2 to 22-39g-7, inclusive, of the Regulations of Connecticut State Agencies:

(1) The definitions in section 22-39g of the Connecticut General Statutes shall be applicable;

(2) The definitions in 21 CFR 112.3, as amended from time to time, excluding the definition of farm, shall be applicable;

(3) “Act” means the Food Safety Modernization Act, as specified in section 22-39g of the Connecticut General Statutes;

(4) “Adulterated produce” means produce deemed to be adulterated food pursuant to the federal Food, Drug and Cosmetic Act, 21 USC 342;

(5) “Connecticut Good Agricultural Practices” and “CGAP” mean the inspection certificate program created pursuant to section 22-39g of the Connecticut General Statutes;

(6) “Covered Farm” means a produce farm that meets the income and product distribution criteria of a covered farm as covered farm is defined in 21 CFR 112.4, as amended from time to time;

(7) “Department” means the Department of Agriculture; and

(8) “Misbranded produce” means produce deemed to be misbranded food pursuant to the federal Food, Drug and Cosmetic Act, 21 USC 343.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-2 Registration of covered farms, qualified exempt farms, fees

(a) The provisions of this section, and sections 22-39g-4 to 22-39g-7, inclusive, of the Regulations of Connecticut State Agencies, shall apply to any covered farm.

(b) The owner of a covered farm shall register annually with the department, on a form provided by the department. Such form shall include the following:

(1) Name of owner;

(2) Business address of owner;

(3) Address of each outdoor location where produce will be grown and acreage at each location;

(4) Address of each indoor location where produce will be grown and type of indoor facility or facilities that will be utilized at such indoor location, such as greenhouses, hoop houses, or private residences; and

(5) Description of produce to be grown at the covered farm.

(c) Except as provided in subsection (d) of this section, initial and renewal applicants for registration shall pay a non-refundable registration fee of one hundred dollars to the department.

(d) The owner of a covered farm eligible for qualified exemption pursuant to 21 CFR 112.5, as amended from time to time, shall register annually with the department, without charge, on a form provided by the department. Such form shall include the following:

(1) Name of owner;

(2) Business address of owner; and

(3) Declaration attesting to the owner’s compliance with the requirements for qualified exemption described in 21 CFR 112.5, as amended from time to time.

(e) A covered farm shall locate any produce grown, harvested, packed or held in a private residence in a room that is separate from such residence's living quarters, and accessible from the outdoors by a separate entrance.

(f) All registrations issued pursuant to this section shall expire on January 31 of the year following issuance, and annually thereafter, if renewed. Registrations shall not be transferable.

(g) Any owner of a covered farm who receives a registration pursuant to this section shall notify the department of any changes to the information supplied on the application for such registration no later than ten business days after such change.

(h) The owner of any produce farm may submit a declaration to the department that it is not a covered farm, on a form to be provided by the department. The declaration shall not be binding on the department for any determination that such produce farm is not a covered farm.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-3 CGAP Program, certificate, fees

(a) This section and sections 22-39g-4 to 22-39g-7, inclusive, of the Regulations of Connecticut State Agencies, shall apply to any produce farm that voluntarily requests inspection pursuant to section 22-39g of the Connecticut General Statutes.

(b) Each CGAP applicant requesting inspection pursuant to section 22-39g of the Connecticut General Statutes shall pay a non-refundable registration fee of one hundred dollars to the department, except owners of covered farms shall not be required to pay any fee for such application.

(c) Each CGAP applicant requesting inspection pursuant to section 22-39g of the Connecticut General Statutes shall meet the following requirements prior to the issuance of a CGAP certificate:

(1) Demonstrate compliance with sections 22-39g-4 and 22-39g-5 of the Regulations of Connecticut State Agencies;

(2) Maintain written records documenting standard operating procedures for training provided to employees and contractors regarding sanitation, maintenance, harvesting, washing, packing, packaging, labeling and water quality; and

(3) Demonstrate employee and contractor compliance with such standard operating procedures through on-farm evaluations of employees and contractors.

(d) Any produce grown, harvested, packed or held in a private residence by a CGAP produce farm shall be located in a room that is separate from such residence's living quarters and accessible from the outdoors by a separate entrance.

(e) Each CGAP applicant requesting inspection pursuant to section 22-39g of the Connecticut General Statutes shall request such inspection not less than sixty days prior to the expected first day of the produce farm’s harvest.

(f) After an inspection demonstrating compliance with this section and sections 22-39g-4 and 22- 39g-5 of the Regulations of Connecticut State Agencies, the commissioner shall issue a CGAP certificate to the owner of the produce farm. Such certificate shall expire one year after the date of issuance.

(g) The CGAP certificate shall only cover current produce conditions; shall not be interpreted as a guarantee, explicit or implied, for the adequacy of any produce of the farm; and shall not be used for advertising purposes.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-4 Standards for growing, harvesting, labeling, packing, packaging and holding produce

All produce at a produce farm shall be grown, harvested, packed and held in accordance with 21 CFR 112, as amended from time to time. All off-farm packing, packaging and holding of produce by a produce farm shall be in accordance with 21 CFR 112 or 21 CFR 117.8, as amended from time to time. All produce at a produce farm shall be labeled in accordance with the Act, and 21 CFR 101.5 and 21 CFR 101.7, as amended from time to time. Such standards are limited to growing, harvesting, storing, treatment to manipulate the ripening of produce, and packing, packaging and labeling produce when these activities do not involve additional manufacturing or processing, such as slicing or heating.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-5 Record Keeping

(a) Each produce farm shall keep its records in compliance with 21 CFR 112, Subpart O, as amended from time to time, and shall make its records available for inspection or copying within twenty-four hours of a request by the commissioner or the commissioner’s designated agent.

(b) Each covered farm and CGAP certificate holder shall use a record keeping and coding system for produce to facilitate the effective recall of produce. Such record keeping system shall be capable of tracing produce placed into wholesale or retail distribution back to the produce farm, and specific lot growing location. Records produced pursuant to such system shall be maintained for a period of time that exceeds the expected shelf life of the produce or one year, whichever is longer. Such records shall be made available immediately upon request by the commissioner or the commissioner’s designated agent.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-6 Adulterated and misbranded produce, investigations

(a) No produce farm shall sell or offer for sale adulterated produce or misbranded produce.

(b) The commissioner or the commissioner’s designated agent may investigate any allegation of adulterated produce, misbranded produce, or illness or injury alleged to have been caused by produce grown and offered for sale by a produce farm. Such investigation may include inspection of any area of a produce farm, including equipment, tools, vehicles for holding such produce, and any building under the produce farm’s control where produce is grown, harvested, packed, labeled, or held. Such investigation may include obtaining samples and specimens for laboratory analysis.

(c) For purposes of this section and section 22-39g-7 of the Regulations of Connecticut State Agencies, a certificate of analysis, from a laboratory of the Connecticut Department of Public Health, the Connecticut Agricultural Experiment Station, the University of Connecticut, the United States Food and Drug Administration, the United States Department of Agriculture or other accredited laboratory acceptable to the commissioner, shall be considered prima facie evidence of the ingredients and constituents of any sample or specimen submitted for analysis by the commissioner or the commissioner’s designated agent.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-7 Inspections, enforcement, and hearings

(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.

(e) Any person aggrieved by a final decision issued pursuant to subsection (d)(2) of this section may appeal therefrom to the Superior Court in New Britain pursuant to chapter 54 of the Connecticut General Statutes.

(f) Nothing in this section shall be construed to prevent the commissioner or the commissioner’s designated agent from entering into a stipulated agreement or any other remedy with an aggrieved person which resolves the contested violation or order.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-8 Reserved

Sec. 22-39g-8. Reserved

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-9 Reserved

Sec. 22-39g-9. Reserved

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-10 Reserved

Sec. 22-39g-10. Reserved

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-11 Reserved

Sec. 22-39g-11. Reserved

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-12 Reserved

Sec. 22-39g-12. Reserved

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-13 Reserved

Sec. 22-39g-13. Reserved

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-14 Reserved

Sec. 22-39g-14. Reserved

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-39g-15 Reserved

Sec. 22-39g-15. Reserved

History

• Effective February 10, 2023

Commissioner of Agriculture and Natural Resources Commissioner of Agriculture and Natural Resources

22-51 Connecticut Standards for Apples

Regs., Conn. State Agencies § 22-51-1 Definitions (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Regs., Conn. State Agencies § 22-51-2 Grades (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Regs., Conn. State Agencies § 22-51-3 Color requirements for specified Connecticut grades of apples, by varieties. (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Regs., Conn. State Agencies § 22-51-4 Tolerances (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Regs., Conn. State Agencies § 22-51-5 Application of tolerances to individual packages (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Regs., Conn. State Agencies § 22-51-6 Basis of calculating percentages (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Regs., Conn. State Agencies § 22-51-7 Condition after storage or transit (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Regs., Conn. State Agencies § 22-51-8 Size requirements (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

Department of Agriculture Department of Agriculture

22-54b Apple Marketing Order

Regs., Conn. State Agencies § 22-54b-1—22-54b-7 (Repealed)

Repealed November 9, 1999.

22-54u Honey and Maple Syrup

Regs., Conn. State Agencies § 22-54u-1 Definitions

(a) As used in this section and sections 22-54u-2 to 22-54u-6, inclusive, of the Regulations of Connecticut State Agencies:

(1) “Adulterated product” means food that is adulterated, as described in the federal Food, Drug and Cosmetic Act, 21 USC 342, as amended from time to time.

(2) “CFR” means the Code of Federal Regulations.

(3) “Commissioner” means the Commissioner of Agriculture and their designated agents.

(4) “Department” means the Connecticut Department of Agriculture.

(5) “Misbranded product” means food that is misbranded, as described in the federal Food, Drug and Cosmetic Act, 21 USC 343, as amended from time to time.

(6) “Produce” means to keep bees and harvest honey, or manufacture maple syrup.

(7) “Producer” means any person, firm, entity, partnership, or corporation in this state who keeps bees and harvests honey, or who manufactures maple syrup.

(8) “Product” means honey produced or harvested, or maple syrup manufactured, in this state.

(b) The definitions in 21 CFR 117.3, as amended from time to time, shall be applicable to sections 22-54u-2 to 22-54u-6, inclusive, of the Regulations of Connecticut State Agencies.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-54u-2 Registration for License by Producers, Exempt Producers, Fees

(a) Each honey or maple syrup producer that has annual gross revenues of more than $25,000 from the sale of a product or products shall register annually for a license with the department, on a form provided by the department, and provide, at a minimum, the following information:

(1) Name of the producer;

(2) Business address of the producer;

(3) Address of each location where a product or products will be harvested, produced or manufactured; and

(4) Description of the product or products.

(b) Each producer that has annual gross revenues of $25,000 or less from the sale of a product or products is exempt from the licensure requirements of this section. Any such exempt producer may submit a declaration to the department on a form to be provided by the department. Such declaration shall not be binding on the department for any determination of whether such producer is required to be licensed under this section.

(c) Any producer applying for an initial license or renewal of a license shall pay a non- refundable license fee of $50.00.

(d) Each license issued pursuant to this section shall expire on December 31st in the year of issuance, and annually thereafter, if renewed. Any license not renewed within 60 days after the expiration date shall be deemed expired and a new application shall be required. A license issued pursuant to this section is not transferrable.

(e) Each producer who receives a license pursuant to this section shall notify the department of any changes to the information supplied on the application for such license no later than 10 business days after any such change.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-54u-3 Standards for Harvesting, Producing, Processing, Labeling, Packing and Holding a Product or Products

(a) Each producer required to be licensed by the department shall harvest, produce, process, pack and hold all products in accordance with the requirements for produce set forth in 21 CFR Part 117, as amended from time to time.

(b) If a producer required to be licensed by the department produces, processes, packs or holds a product or products in a private residence, it shall be in a room, separate from living quarters, with a separate outside entrance.

(c) Each producer shall label any product or products, if in packaged form, in accordance with 21 CFR Part 101, as amended from time to time, including the following information:

(1) The common or usual name of the product or products;

(2) A declaration of responsibility, the name of the producer, manufacturer, or packer, as applicable, and their business address. The producer, manufacturer, or packer business address may be omitted if the business address can be found in a telephone directory or by an internet search;

(3) Net Contents – such as Net weight or volume, in both English and Metric values are required. Example: 1 oz. (28 grams) or ½ Gallon (1.89 L); and

(4) A statement concerning whether the product or products needs refrigeration to maintain safety or quality, such as “Keep Refrigerated” or “Keep Refrigerated after Opening,” as is appropriate for the product or products.

(d) As is applicable, each producer may include a statement on its label that the product or products meet a United States Department of Agriculture standard for grade and color such as “U.S. Grade-A Amber” or other applicable United States Department of Agriculture grade and color standard.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-54u-4 Adulterated and Misbranded Products

(a) No producer shall sell, offer for sale, or provide or exchange, an adulterated product or a misbranded product in the state.

(b) The commissioner shall receive allegations from any source of adulterated product or products, misbranded product or products, or illness or injury alleged to have been caused by a product that is produced in Connecticut by in person communication, telephone, mail or other electronic communication to the department. The commissioner shall investigate any allegation of an adulterated product or products, misbranded product or products, or illness or injury alleged to have been caused by a product that is produced in Connecticut. Such investigation may include inspection of any area, including equipment, tools, and of any building under the producer’s control where a product is produced, harvested, processed, packed, or held, but shall not include a private residence. Such investigation may include obtaining samples and specimens for laboratory analysis.

(c) A certificate of analysis from a laboratory of the Connecticut Department of Public Health, the Connecticut Agricultural Experiment Station, the United States Food and Drug Administration, the United States Department of Agriculture or other accredited laboratory acceptable to the commissioner, shall be considered prima facie evidence of the ingredients and constituents of any sample or specimen submitted for analysis by the commissioner.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-54u-5 Inspections of Producers

(a) The commissioner may inspect any lot, location, equipment, or building used to produce, harvest, process, pack, or hold a product, excluding a private residence, at a frequency to be determined by the commissioner. Such inspection may include obtaining samples and specimens for laboratory analysis. A producer not required to be licensed shall be exempt from the provisions of this subsection except when such producer’s product is the subject of a complaint to the commissioner.

(b) If, after an inspection, the commissioner finds any violation of sections 22-54u-2 to 22-54u-4, inclusive, of the Regulations of Connecticut State Agencies, the producer shall be notified in writing of such finding of a violation, specifying the corrective actions required to be taken, and the time period within which such corrective actions shall be taken.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-54u-6 Enforcement and Penalties

(a) If, as determined by the commissioner, a producer does not implement the corrective action required to be taken pursuant to section 22-54u-5(b) of the Regulations of Connecticut State Agencies to correct a violation of sections 22-54u-2 to 22-54u-4, inclusive, of the Regulations of Connecticut State Agencies, within the specified time period that the corrective action is required to be taken, or to respond to a condition that may present a public health hazard, the commissioner may issue any order necessary including orders for the embargo or destruction of any potentially adulterated or misbranded product. An order shall become effective upon service, and remain in effect during any appeal of such order to the commissioner. The following shall apply to such an order:

(1) No person shall remove, dispose of, sell or offer for sale such product subject to an embargo, destruction or quarantine order without the permission of the commissioner. Any person aggrieved by any order of the commissioner issued to correct a violation of sections 22-54u-2 to 22-54u-4, inclusive, of the Regulations of Connecticut State Agencies or an order to respond to a condition that may present a public health hazard may appeal to the commissioner. Such appeal request shall be in writing to the commissioner, and shall be received by the commissioner not more than fifteen days after the date of issuance of such order. Such appeal shall specify any findings to which the person objects, and any other grounds for contesting the order. A hearing shall be conducted not later than five business days after the receipt of the appeal. If no timely appeal is made pursuant to this subsection the order shall be deemed a final order of the commissioner, upon expiration of the appeal deadline.

(2) Not later than thirty days following any hearing requested pursuant to subdivision (1) of this subsection, the commissioner or the commissioner’s duly appointed hearing officer shall issue a final decision as to whether the product subject to an order complies with sections 22-54u-2 to 22-54u-4, inclusive, of the Regulations of Connecticut State Agencies, and is safe for use as a food. If the commissioner or the commissioner’s duly appointed hearing officer determines the product is unsafe or unfit for use as food, the commissioner or the commissioner’s duly appointed hearing officer may affirm or modify an order issued pursuant to this subsection for such product as they deem proper. The commissioner shall supervise the destruction or other disposition of such product. If the commissioner or the commissioner’s duly appointed hearing officer finds the product is safe for use as food and is not detrimental to public health, or finds such product can be properly packaged, marked or otherwise brought into compliance with the provisions of sections 22-54u-2 to 22-54u-4, inclusive, of the Regulations of Connecticut State Agencies, the commissioner or the commissioner’s appointed hearing officer may revoke or modify an order issued pursuant to this subsection for such product as they deem proper to be so packaged, marked or otherwise brought into compliance and may thereafter authorize the release of such product. The owner of product that is released or destroyed shall pay all of the costs of storage, handling, and destruction.

(b) Any person aggrieved by a final decision issued pursuant to subsection (a) of this section may appeal therefrom to the Superior Court in New Britain pursuant to chapter 54 of the Connecticut General Statutes.

(c) A certificate of analysis from a laboratory of the Connecticut Department of Public Health, the Connecticut Agricultural Experiment Station, the United States Food and Drug Administration, the United States Department of Agriculture or other accredited laboratory acceptable to the commissioner, shall be considered prima facie evidence of the ingredients and constituents of any sample or specimen submitted for analysis by the commissioner.

(d) Nothing in this section shall be construed to limit the commissioner’s authority to issue a cease and desist order pursuant to section 22-4d of the Connecticut General Statutes or any other action authorized by law.

(e) Nothing in this section shall be construed to prevent the commissioner from entering into a stipulated agreement or any other remedy with a producer which resolves a disputed violation or order.

(f) If the department finds that a producer that is required to be licensed has failed to obtain a license pursuant to section 22-54u-2 of the Regulations of Connecticut State Agencies, the commissioner may issue a civil penalty pursuant to section 22-7 of the Connecticut General Statutes.

(g) The commissioner may issue a civil penalty pursuant to section 22-7 of the Connecticut General Statutes to any producer who violates any provision of sections 22-54u-2 to 22-54u-4, inclusive, of the Regulations of Connecticut State Agencies.

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-54u-7 Reserved

Sec. 22-54u-7. Reserved

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-54u-8 Reserved

Sec. 22-54u-8. Reserved

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-54u-9 Reserved

Sec. 22-54u-9. Reserved

History

• Effective February 10, 2023

Regs., Conn. State Agencies § 22-54u-10 Reserved

Sec. 22-54u-10. Reserved

History

• Effective February 10, 2023

22-57 Registration Fees

Regs., Conn. State Agencies § 22-57-1 Registration fees for the sale of seeds

Sellers of seeds shall pay an annual registration fee of (50) fifty dollars to the Commissioner of Agriculture except that any person selling only seeds which are supplied and labeled by a registered distributor is not required to be registered. All registrations shall expire on March thirty-first of each year.

History

• Effective November 16, 1982; Amended December 23, 1997

Commissioner of Agriculture and Natural Resources Commissioner of Agriculture and Natural Resources

22-59 Connecticut Seed Law

Regs., Conn. State Agencies § 22-59-1 Sampling, inspecting, analyzing, testing and examining agricultural and vegetable seed, and tolerances to be followed

The terms used in seed testing and methods of sampling, inspecting, analyzing, testing and examining agricultural and vegetable seeds, and the tolerances to be followed * * * in the administration of chapter 424 of the general statutes shall be those adopted effective July 1, 1955, and as subsequently amended, by the Association of Official Seed Analysts * * * .

History

• Effective October 29, 1963

Regs., Conn. State Agencies § 22-59-1a Grower's declaration

A grower's declaration is a statement signed by the grower giving, for any lot of seed, the lot number, the kind, variety, origin and weight.

History

• Effective October 29, 1963

Regs., Conn. State Agencies § 22-59-2 Agricultural experiment station to be seed-testing laboratory

The Connecticut Agricultural Experiment Station shall be the official seed-testing laboratory.

Regs., Conn. State Agencies § 22-59-3 Standards of germination for vegetable seeds

The standards of germination for vegetable seeds in this state shall be those standards provided for by the rules and regulations of the Federal Seed Act. They are as follows:

Per centPer centArtichokes60Endive70Asparagus70Kale75Beans, * * * asparagus75Kohlrabi75Beans, gardenLeek60(varieties other than Rival, Topcrop and Logan)Lettuce8075Muskmelon75Beans, garden,Mustard75(varieties Rival, Topcrop and Logan)70Mustard, spinach75Okra50Beans, horde or broad75Onion70Beans, lima70Pak-choi75Beans, runner75Parsley60Beets65Parsnips60Broccoli75Peas80Brussels Sprouts70Pepper55Cabbage75Pe-tsai or Chinese cabbage75Cardoon60Pumpkin75Carrot55Radish75Cauliflower75Rhubarb60Celery and celeriac55Rutabaga75Chicory65Salsify75Citron65Sorrell64Collards80Soybean75Corn * * *75Spinach (except New Zealand)60Cornsalad (Fetticus)70Spinach, New Zealand40Cowpea75Squash75Cress, garden75Swiss Chard65Cress, water40Tomato75Cucumber80Tomato, husk50Dandelion60Turnip80Eggplant60Watermelon70

Standards for vegetable seeds are subject to change. This department will furnish information on changes upon request.

History

• Effective October 29, 1963

Regs., Conn. State Agencies § 22-59-4 Seeds on retail premises to bear analysis tag

All agricultural and vegetable seeds on the premises of a retail merchant shall bear the complete analysis tag as prescribed by law.

(See 1963 Supp. § 22-56.)

Regs., Conn. State Agencies § 22-59-5 Label to show secondary noxious weed seeds present

The label on all mixtures shall show the name and number of the secondary noxious weed seeds present, singly or collectively, in excess of one seed in each fifteen grams.

(See 1963 Supp. § 22-56.)

Regs., Conn. State Agencies § 22-59-6 Certain seeds deleted from noxious weeds

(a) The seeds of * * * bed straw (Galium spp.) * * * may be deleted from the list of * * * prohibited noxious weeds in lawn grass mixtures. (b) The seeds of dock (Rumex spp.) except red sorrel (Rumex acetosella L.) may be deleted from the list of restricted noxious weeds in lawn seed mixtures. (c) The seeds of Plantago spp. other than broadleaf plantain (Plantago major), blackseed plantain (Plantago rugelii) and buckhorn plantain (Plantago lanceolata) may be deleted from the list of restricted noxious weeds in lawn grass mixtures. (d) The seeds of annual bluegrass (Poa annua L.) may be deleted from the list of restricted noxious weeds in lawn grass mixtures when it is listed on the label as a component crop seed and the percentage by weight and the percentage of germination is shown.

History

• Effective October 29, 1963

Regs., Conn. State Agencies § 22-59-7 Seeds germinating below standard

Vegetable seeds that germinate below the prescribed standard shall be marked on the face of the packet or on the face of the analysis tag, in a manner not less legible than eight point, open bold face type, with the words "Below Standard" enclosed in a box.

Regs., Conn. State Agencies § 22-59-8 Seeds containing primary noxious weeds prohibited

Agricultural seeds containing primary noxious weeds are prohibited from sale.

(See 1963 Supp. §§ 22-55 (e) (1); 27-57 (a) (4).)

Regs., Conn. State Agencies § 22-59-8a Prohibited noxious weed seeds

The following list of prohibited noxious weed seed is established, effective November 1, 1963: The seeds of bindweed (Convolvulus arvensis L.), Canada thistle (Cirsium arvense L.), quackgrass (Agropyron repens L. Beauv.), horse nettle (Solanum carolnense L.), perennial sowthistle (Sonchus arvensis L.) dodder (Cuscuta spp.), Russian knagweed (Centaurea repens L.), yellow nutsedge (Cyperus esculentus L.) and bedstraw (Galium spp.)

(See 1963 Supp. §§ 92-55(e)(1); 22-57(a)(4).)

History

• Effective October 29, 1963

Regs., Conn. State Agencies § 22-59-8b Restricted noxious weed seeds

The following list of restricted noxious weed seeds is established effective November 1, 1963: Seeds of dock (Rumex spp.) plantain (Plantago spp.), Wild mustards (Brassica spp.), white cockle (Lychnis alba Mill.), yellow rocket (Barbarea vulgaris R. Br.), annual bluegrass (Poe annua L.), and wild radish (Raphanus raphanistrum L.).

(See 1963 Supp. §§ 22-55 (e) (2); 22-57 (a) (6).)

History

• Effective October 29, 1963

Regs., Conn. State Agencies § 22-59-9 Label lettering

The term "labeling" shall be interpreted as meaning that the lettering used to cover information required by law shall be large and legible enough so as not to be obscured by other type or illustrations used. Where any question of doubt arises, samples of proposed containers or labels may be submitted to the commissioner of agriculture and natural resources for approval.

Regs., Conn. State Agencies § 22-59-9a Labeling of seed prior to distribution

After seed has been processed, it shall be labeled before distribution to any person, including a wholesaler. Each bag or bulk lot shall be completely labeled when supplied to a retailer or consumer. Labeling of seed supplied to a wholesaler, one whose predominant business is to supply seed to other distributors rather than to consumers of seed, may be by invoice or by an analysis tag attached to the invoice, if each bag or other container is clearly identified by a lot number stenciled on the container, or if the seed is in bulk. Each bag or container that is not so identified shall carry complete labeling.

History

• Effective October 29, 1963

Regs., Conn. State Agencies § 22-59-9b White sweet clover

Sweet clover seed containing more than five per cent of yellow sweet clover seed (more than one and one-quarter per cent of mottled seeds) shall not be labeled white sweet clover. Such seed shall be labeled as an agricultural seed mixture.

History

• Effective October 29, 1963

Regs., Conn. State Agencies § 22-59-9c Poison label

Seed treated with a mercurial or similarly toxic substance, if any amount remains with the seed, shall be labeled to show a statement such as "Poison," "Poison treated" or "Treated with Poison." The word "Poison" shall be in type no smaller than eight point and shall be in red letters on a distinctly contrasting background. In addition, the label shall show a representation of a skull and crossbones at least twice the size of the type used for the name of the substance and the statement indicating that the seed has been treated.

History

• Effective October 29, 1963

Regs., Conn. State Agencies § 22-59-10 Free tests of samples

Any citizen of Connecticut may send samples for tests or analysis up to a maximum of five samples for germination tests, or one sample for purity analysis, within a given calendar month. The results of these free tests cannot be used for declaration of sales or for labeling purposes.

Regs., Conn. State Agencies § 22-59-11 Connecticut grades for lawn seed mixtures

(a) Conn. grade AA or Conn. gold seal, grade AA shall contain: (1) Not less than seventy-five per cent net weight of pure seed from Group I, except that, if a mixture in this grade is to be sold for a special purpose, such as seeding shady places, steep banks, etc., it shall contain at least seventy-five per cent of seed of grasses reasonably adapted for that particular use. In such cases, seed from Group II may be substituted for seed from Group I; (2) not more than nineteen per cent net weight of pure seed for Group III (Red Top or annual rye grass only may be used as a nurse grass in this grade.); (3) not more than five and six-tenths per cent by weight of inert matter; (4) not more than four-tenths of one per cent by weight of weed seed.

(b) Connecticut grade A or Connecticut blue seal grade A shall contain: (1) Not less than sixty-five per cent net weight of pure seed from Group I, except that, if a mixture in this grade is to be sold for a special purpose, such as seeding shady places, steep banks, etc., it shall contain at least sixty-five per cent of seed of grasses reasonably adapted for that particular use. In such cases, seed from Group II may be substituted for seed from Group I; (2) not more than twenty-nine per cent net weight of pure seed from Group III; (3) not more than five and six-tenths per cent by weight of inert matter; (4) not more than four-tenths of one per cent by weight of weed seed.

(c) Connecticut grade B or Connecticut red seal grade B shall contain: (1) Not less than fifty per cent net weight of pure seed from Group I, except that, if a mixture in this grade is to be sold for a special purpose, such as seeding shady places, steep banks, etc., it shall contain at least fifty per cent of seed of grasses reasonably adapted for that particular use. In such cases, seeds from Group II may be substituted for seed from Group I; (2) not more than forty per cent net weight of pure seed from Group III; (3) not more than nine and one-tenth per cent by weight of inert matter; (4) not more than nine-tenths of one per cent by weight of weed seed.

Regs., Conn. State Agencies § 22-59-12 General requirements for officially graded lawn grass mixtures

(a) Lawn grass mixtures shall contain no filler grasses.

(b) When the inert matter and/or weed seed is less than the maximum allowance for these grades, additional seed from Group III may be added to make up that discrepancy.

(c) Any lot of lawn seed mixture found on sale labeled as a Conn. graded mixture or otherwise represented as such which fails to meet specifications shall be deemed to be misbranded and its sale prohibited.

Regs., Conn. State Agencies § 22-59-13 Labeling and sealing of containers

(a) Graded lawn seed grass mixtures labeled as such shall be sold in sealed containers (pasteboard containers, sealed bags, sealed cans, etc.).

(b) The latitude of variation or tolerance on samples tested for germination and purity shall be in accordance with the following, except that there will be no tolerance on germination for graded mixtures:

(1) Purity percentages. In the determination of the tolerance for the percentage of the distinguishable kind, type or variety (pure seed), weed seeds, other crop seeds and inert matter, the sample shall be first considered as made up of two parts: (A) The percentage of the component (pure seed, weed seed, crop seed or inert matter, as the case may be) being considered, and (B) the difference between that percentage and one hundred. The number represented by (A) is then multiplied by the number represented by (B) and the product is divided by one hundred. The resulting number is then multiplied by 0.2 (2/10) and the resulting product added to 0.2 or 0.6 as indicated in the following formulae:

(2) Germination. The following tolerances are applicable to the percentage of germination and also to the sum of the germination plus the hard seed: Found by test:Tolerance96 or over590 or over but less than 96680 or over but less than 90770 or over but less than 80860 or over but less than 709Less than 6010

(c) Violation of any of the above provisions will result in cancellation of the certificate of registry and withdrawal of the registry number.

Regs., Conn. State Agencies § 22-59-14 Labeling of lawn seed mixture

"Fine Textured" kinds of grasses for the purposes of labeling, under section 22-56 of the 1969 supplement to the general statutes, is amended as follows:

Bent Grasses:Agrostis tenuis (Colonial)Agrostis palustris (Creeping)Agrostis canina (Velvet)Bluegrasses:Poa trivialis (Rough Bluegrass)Poa pratensis (Kentucky)Poa nemoralis (Wood)Poa compressa (Canada)Fescues:Festuca rubra var commutata (Chewings)Festuca rubra (Red)Festuca ovina (Sheep)

Perennial Rye Grasses: Lolium perenne L. (varieties NK-100, Norlea, Pelo, andManhattan).

"Coarse Kinds"(including legumes and ground covers) shall be all kinds not named above.

History

• Effective September 23, 1969

Connecticut Marketing Authority Connecticut Marketing Authority

22-64 Use and Operation of the Regional Market at Hartford

Regs., Conn. State Agencies § 22-64-1 Marketing hours and days

The marketing hours and days shall be as fixed and posted by the marketing authority after taking into consideration the needs of the users of the market.

Regs., Conn. State Agencies § 22-64-2 Use of marketing property restricted

No person shall sell any products on any part of the market except from the part of the buildings or space leased by him or from railroad cars placed on the team tracks or railroad spurs on the market. No products shall be sold or delivered on any part of the market where both parties to the sale or delivery are nontenants of the marketing authority. No product shall be delivered, deposited or stored on any part of the market by a nontenant to be picked up by a nontenant or his agent.

Regs., Conn. State Agencies § 22-64-3 Refuse disposal by tenants

Each person renting space in any building on the market, and the restaurant lessee, shall provide his own refuse containers of a type approved by the marketing authority, its employees or agents. Each such person, except office tenants, shall have all refuse removed from his premises and from the market property each business day at his own expense; provided, if arrangements are made by the marketing authority for the removal of such refuse, the cost shall be paid by the marketing authority and each such person shall pay to the authority, on or before the tenth day of each month, his proportionate share of the cost as determined by the marketing authority.

Regs., Conn. State Agencies § 22-64-4 Refuse disposal by others

All persons other than those specified in section 22-64-3 using the market shall place all their refuse in containers provided for such purposes on the market by the marketing authority.

Regs., Conn. State Agencies § 22-64-5 Tenants to keep premises painted and clean

All tenants of buildings on the market shall keep their premises well painted (except for exterior), clean and well-swept, to the satisfaction of the marketing authority.

Regs., Conn. State Agencies § 22-64-6 Drain clean-out baskets

Clean-out baskets in the drains of each store unit shall be kept in place at all times except when being cleaned.

Regs., Conn. State Agencies § 22-64-7 Piling of goods on platform

Each wholesale store lessee may pile goods in all areas on the truck side platform of his leased premises except in areas necessary for traffic purposes and as designated by the marketing authority.

Regs., Conn. State Agencies § 22-64-8 Enclosure of platform by lessee

Each such lessee shall have the right to enclose the platform in front of his leased premises, provided plans and specifications for such enclosure shall be approved by the marketing authority and provided the end doors of the enclosure shall be not less than nine feet in width, an alleyway of the same width running parallel with the store buildings shall be left open for the purpose of traffic during the hours of business operation and the enclosed platform shall be maintained at all times to the satisfaction of the marketing authority.

Regs., Conn. State Agencies § 22-64-9 Lessees to provide fire extinguishers

Each wholesale store lessee and restaurant operator shall provide at his own expense, except as is hereinafter stated, a soda acid fire extinguisher of two and one-half gallon capacity for his leased premises. Each lessee occupying more than four store units shall provide at his own expense two such extinguishers for the leased premises. Each extinguisher shall be recharged annually with the date of recharging placed on the attached tag.

Regs., Conn. State Agencies § 22-64-10 Peddlers to confine activities to leased stalls

No servicing, arranging or discarding of products or containers by a retail fruit and vegetable peddler shall be made except at a stall space leased by him for the same.

Regs., Conn. State Agencies § 22-64-11 Signs on exterior of leased premises

Signs on the exterior of any leased premises shall be limited to such signs as are approved by the marketing authority.

Regs., Conn. State Agencies § 22-64-12 Signs on doors of office tenants

Office tenants may place the name of their firms or agencies on the window of the door leading to their leased offices, of a size, design and color as approved by the marketing authority.

Regs., Conn. State Agencies § 22-64-13 Sanitary requirements for products

All products sold on the market shall conform to the sanitary requirements of the federal and state statutes and to the health ordinances of the city of Hartford.

Regs., Conn. State Agencies § 22-64-14 Products subject to authority inspection

All products offered for sale on the market shall be subject to inspection by the marketing authority.

Regs., Conn. State Agencies § 22-64-15 Weighing of poultry

Poultry offered for sale by weight shall be weighed in full view of the purchaser.

Regs., Conn. State Agencies § 22-64-16 Testing of scales and measures

All scales and measures to be used on the market shall have been tested and approved by the city or state sealer of weights and measures.

Regs., Conn. State Agencies § 22-64-17 Hand trucks and conveyors to have rubber tires

All hand trucks and all other types of moveable conveyors, used on the market, shall be equipped with rubber tires.

Regs., Conn. State Agencies § 22-64-18 Forestalling prohibited

Forestalling, such as intercepting a farmer or dealer before he reaches his leased stall space on the market with an offer to buy a part or all of his load, is prohibited.

Regs., Conn. State Agencies § 22-64-19 Parking of vehicles and trailers

The parking of any vehicles or trailers on the market during market hours shall be limited to such places as are designated by the marketing authority. No vehicles or trailers except those owned by store lessees or sublessees or vehicles or trucks owned by others while in the process of loading or unloading goods or merchandise shall be parked on any part of the market at night. No unregistered vehicles or trailers shall be parked, stored or abandoned on any part of the market.

Regs., Conn. State Agencies § 22-64-20 Speed limit

The maximum speed of any vehicle on the market shall not exceed fifteen miles per hour.

Regs., Conn. State Agencies § 22-64-21 Violation of traffic regulations

Any violation of the vehicle, traffic and parking regulations may be sufficient cause for the removal of the operator and vehicle from the market.

Regs., Conn. State Agencies § 22-64-22 Travel at risk of operator

All travel on roadways and in parking areas at the market is at the risk of the operator of the vehicle.

Regs., Conn. State Agencies § 22-64-23 Removal of certain motor vehicles and trailer boxes from market property

Any trailer box or other type of motor vehicle that, in the opinion of the marketing authority or its agents, is being used for any purpose other than over the road transportation, may be removed by the marketing authority at the owner's expense.

History

• Effective October 10, 1972

Regs., Conn. State Agencies § 22-64-24 Transfer of leased property at the Connecticut regional market

Any lessee of the Connecticut Regional Market at Hartford who has been discharged from performing his lease and has received consent from the Connecticut marketing authority to cancel his lease, shall return said lease to said Connecticut marketing authority, which shall have sole authority to dispose of said lease.

History

• Effective October 10, 1972

Regs., Conn. State Agencies § 22-64-25 Leasing of stalls from the Connecticut marketing authority

It is the intent of the Connecticut Marketing Authority to lease vacated stalls to new applicants and existing tenants in order to accommodate the interests of both established market tenants for expansion with those of outside businesses in need of new marketing opportunities and facilities. In its leasing of vacant stalls, the Connecticut Marketing Authority may consider score values described in Section 22-24-27, which substantially contribute to the benefit of the market.

History

• Effective May 27, 1986

Regs., Conn. State Agencies § 22-64-26 Definitions

As used in this chapter.

The following terms shall, for purpose of Sections 22-64-26 through 22-64-30, inclusive have the following meanings, unless expressly stated otherwise:

(a) Tenant: A corporation, partnership or individual to which the Authority is presently engaged in a lease agreement.

(b) Authority: The Connecticut Marketing Authority.

(c) Vacancy: Any action by a tenant which the Authority deems to be termination or modification in use of premises including, but not limited to; quitting possession, violation of the Authority's lease terms, transfer of ownership, a change of company name or a significant underutilization of the leased premises.

(d) Farmer: One who is actually engaged in growing farm products on land owned or leased by him.

(e) Jobber: One who buys produce and agricultural products for resale on the market.

(f) Seller: Farmer, jobber or employee of farmer or jobber or other person selling produce or agricultural products on the market.

(g) Farmer's market: Area at the regional market at Hartford set aside for farmers, jobbers and sellers to sell their produce and agricultural products.

(h) Fee schedule: Fees established pursuant to Section 22-64-29 of the Regulations of Connecticut State Agencies.

(i) Open Stall: Area 12 feet by 30 feet designated by assigned numbers and marked off by lines, similar to a parking space.

(j) Covered stall: An open stall adjacent to a covered public walk area.

(k) Board: Refers to the Connecticut Marketing Authority Board.

History

• Effective May 19, 1989

Regs., Conn. State Agencies § 22-64-27 Scoring factors of the Connecticut marketing authority

(a) Diversity of food products within the market. (maximum 30 points).

(1) Food products marketed by the applicant will add to the overall diversity of commodities sold in the market. 10 points

(2) Business will improve the market. 10 points

(3) Applicant intends to distribute non-food articles.

(4) Applicant plans to handle native-grown Connecticut products. 10 points

(b) Financial History. (maximum 30 points)

(1) Applicant has demonstrated a history of financial responsibility and indicates the likelihood of being a reliable, long-term tenant.

(c) Need of Applicant. (maximum 15 points)

(1) Compelling need to expand. 5 points

(2) Extent that present facilities are being used. 5 points

(3) Physical obsolescence in present facilities. 5 points

(d) Intention of vacating tenant. (maximum 15 points)

(1) Leasing to new applicant compatible with the business aims and transfer of physical and capital assets of the vacating tenant.

(e) Expansion of existing tenants—location of vacancy. (maximum 10 points)

(1) Contiguous stalls. 10 points

(2) Stall in same building. 5 points

(3) Stall not in same building. –5 points

(f) Expansion of existing tenants—number of stalls presently occupied. (maximum 10 points) # of stalls occupied10+10987654321Score012345678910

History

• Effective May 27, 1986

Regs., Conn. State Agencies § 22-64-28 Determination of lessees for vacant stalls

(a) Notice of Intent to Lease. Any outside business or existing tenant desirous of leasing stalls as they become vacant shall file a notice of intent to lease vacant stalls with the Executive Director of the authority and must renew such notice annually. When stalls become vacant, the Executive Director shall provide notice of such vacancy to all such persons. The Executive Director shall post and advertise such vacancy throughout the State of Connecticut in major daily newspapers.

(b) Application. Any outside business or existing tenant shall apply to the Authority in writing on a form provided to the applicant by the Authority so that the Authority may score each applicant.

(c) Scoring of Applicants. The Authority shall consider all applications for vacant stalls and shall assess a score based on the scoring system in Section 27 of these regulations to each applicant for the vacant stall in question. The Authority shall choose the tenant from the top five scoring applicants.

(d) Notification of Applicants. The Authority shall notify all applicants of the Authority's action on the applications within thirty (30) days after choosing a tenant for the vacant stall(s) in question. The Authority shall act upon requests to fill vacancies no sooner than thirty (30) days from the notification to the Authority of the vacancy.

History

• Effective May 27, 1986

Regs., Conn. State Agencies § 22-64-29 Setting of fees

The Connecticut Marketing Authority Board shall establish fees for open stalls, covered stalls and vehicle parking and shall post the fee schedule in a prominent place at the Farmer's Market.

History

• Effective May 19, 1989

Regs., Conn. State Agencies § 22-64-30 Stall space—farmer's market

(a) No person renting stall space in the Farmer's Market shall sublet or assign any part thereof or shall use the same for any purpose other than loading, unloading, displaying and selling farm products within the white lines, established by the Authority as the boundaries. Vehicles parked over the lines will be charged for an extra stall, as set forth in the fee schedule.

(b) If a vehicle parking area is utilized for display and sales, vehicles must be moved and parked in an area designated by the Authority. Vehicles parked in the designated Farmer's Market area will be charged for an extra stall, as set forth in the fee schedule.

(c) Each stall rented is limited to one vehicle per stall. Parking of any other vehicles for any purpose by the seller will be charged the normal daily rate as set forth in the fee schedule. Any person dropping off products to sellers will be charged the normal daily rate as set forth in the fee schedule.

(d) Buying out of a seller's product does not give the buyer the right to remain in the seller's stall. The product must be moved to the buyer's stall or removed from the market.

(e) Any seller moving his stall without the approval of the Authority will be charged for an extra stall, per fee schedule.

(f) The Authority reserves the right to change, move or alter the location of the seller's stall if required for facilitating parking or alleviating traffic congestion.

(g) No person shall assign, sell or offer for sale any products on said market grounds until the required stall fee has been paid.

(h) Open-stalls shall be rented daily, weekly, monthly, semi-annually (Jan-June/July-Dec.) or annually. Covered stalls are rented by the full year or a four-month period (Nov-Feb/March-June/July-Oct).

History

• Effective May 19, 1989

Agriculture Experiment Station Agriculture Experiment Station

22-79 Organization and Rules of Practice

Regs., Conn. State Agencies § 22-79-1 Organization and rules of practice

The Connecticut Agricultural Experiment Station (statutory authority Secs. 22-79 to 22-118) conducts scientific experiments and investigations, principally on plants including trees; on plant diseases; on insects, including plant pests; on microbes; and on soil and water.

The management of the station is vested in a board of control, whose members, meetings and duties are prescribed in Sections 22-79 through 22-81 of the General Statutes. The public may make submissions or requests to the board, through the Director, 123 Huntington Street, New Haven, Conn. 06511.

The station staff, which is appointed and compensated according to Section 22-81 of the General Statutes, is organized into departments of Analytical Chemistry, Biochemistry, Ecology and Climatology, Entomology, Genetics, Plant Pathology and Botany, and Soil and Water.

The state entomologist, a member of the station staff (Sec. 22-88), has statutory duties including gypsy moth surveys, inspection of nurseries, bee inspection, and certification of imported nursery stock. As specified by statutes, the station samples fertilizers, feeds and pesticides registered for sale in the state, and publishes reports of analyses of these products. Station chemists also analyze or otherwise examine samples of food taken on the market by agents of other state agencies, and publish the results of these examinations.

Results of experiments and investigations made by the station are published, either in station publications or in technical or popular periodicals and books, and presented at public appearances by staff members. Station publications are supplied to those who request them, and reprints of other publications are available for distribution or for study. A list of available publications is issued annually, and all past reports of research are available at the station.

Citizens may request information on the experiments and investigations of the station by telephone, letter, or in person. The station is at 123 Huntington Street, New Haven, its Lockwood Farm in Hamden, and its Valley Laboratory on Cook Hill Road, Windsor.

History

• Effective May 3, 1973

Regs., Conn. State Agencies § 22-79-2 Personal data

The following definitions shall apply to these regulations:

(1) "Category of Personal Data" means the classifications of personal information set forth in the Personal Data Act, Conn. Gen. Stat. Sec. 4-190 (9).

(2) "Other Data" means any information which because of name, identifying number, mark or description can be readily associated with a particular person.

(3) "Station" means The Connecticut Agricultural Experiment Station.

History

• Effective March 4, 1986

Regs., Conn. State Agencies § 22-79-3 General nature and purpose of personal data systems Personnel Records

(1) All personnel records are maintained at The Connecticut Agricultural Experiment Station, 123 Huntington Street, New Haven, CT.

(2) Personnel records are maintained in both automated and manual form.

(3) Personnel records are maintained for the purpose of providing a history of payroll, promotion, discipline and related personnel information concerning Station employees.

(4) Personnel records are the responsibility of the Chief of Services, whose business address is The Connecticut Agricultural Experiment Station, 123 Huntington Street, New Haven, Connecticut. All requests for disclosure or amendment of these records should be made to the Director.

(5) Routine sources for information maintained in personal records are generally the employee, previous employers of the employee, references provided by applicants for employment, the employee's supervisor, the Comptroller's Office, Department of Administrative Services, Division of Personnel and Labor Relations, and State Insurance carriers.

(6) Personal data in personnel records are collected, maintained and used under authority of the State Personnel Act, Conn. Gen. Stat. Sec. 5-193 et seq.

History

• Effective March 4, 1986

Regs., Conn. State Agencies § 22-79-4 Categories of personal data

(a) The following categories of personal data are maintained in personnel records:

(1) Educational records.

(2) Medical or emotional condition or history.

(3) Employment records.

(4) Marital status, and other reference records.

(b) The following categories of other data may be maintained in personnel records:

(1) Addresses.

(2) Telephone numbers.

(c) Personnel records are maintained on employees of the Station and applicants for employment with the Station.

History

• Effective March 4, 1986

Regs., Conn. State Agencies § 22-79-5 Maintenance of personal data—general

(a) Personal data will not be maintained by the Station unless relevant and necessary to accomplish the lawful purposes of the agency. Where the agency finds irrelevant or unnecessary public records in its possession, the agency shall dispose of the records in accordance with its records retention schedule, or, if the records are not disposable under the records retention schedule, request permission from the Public Records Administrator to dispose of the records under Conn. Gen. Stat. Sec. 11-8a.

(b) The Station will collect and maintain all records with accurateness and completeness.

(c) Insofar as it is consistent with the needs and mission of the Station, the Station, wherever practical, shall collect personal data directly from the persons to whom a record pertains.

(d) Employees of the Station involved in the operations of the agency's personal data systems will be informed of the provisions of the (1) Personal Data Act, (2) the agency's regulations adopted pursuant to Sec. 4-196, (3) the Freedom of Information Act and (4) any other state or federal statute or regulations concerning the maintenance or disclosure of personal data kept by the agency.

(e) All employees of the Station shall take reasonable precautions to protect personal data under their custody from the danger of fire, theft, flood, natural disaster and other physical threats.

(f) The Station shall incorporate by reference the provisions of the Personal Data Act and regulations promulgated thereunder in all contracts, agreements or licenses for the operation of a personal system or for research, evaluation and reporting the personal data for the agency or on its behalf.

(g) The Station shall have an independent obligation to insure that personal data requested from any other state agency is properly maintained.

(h) Only employees of the Station who have a specific need to review personal data records for lawful purposes of the agency will be entitled access to such records under the Personal Data Act.

(i) The Station shall keep a written up-to-date list of individuals entitled access to each of the agency's personal data systems.

(j) The Station will insure against unnecessary duplication of personal data records. In the event it is necessary to send personal data records through interdepartment mail, such records will be sent in envelopes or boxes sealed and marked "confidential."

(k) The Station will insure that all records in manual personal data systems are kept under lock and key and, to the greatest extent practical, are kept in controlled access areas.

History

• Effective March 4, 1986

Regs., Conn. State Agencies § 22-79-6 Maintenance of personal data—automated systems

(a) To the greatest extent practical, automated equipment and records shall be located in a limited access area.

(b) To the greatest extent practical, the Station shall require visitors to such limited access area to sign a visitor's log and permit access to said area on a bonafide need-to-enter basis only.

(c) To the greatest extent practical, the Station will insure that regular access to automated equipment is limited to operations personnel.

(d) The Station shall utilize appropriate access control mechanisms to prevent disclosure of personal data to unauthorized individuals.

History

• Effective March 4, 1986

Regs., Conn. State Agencies § 22-79-7 Maintenance of personal data—disclosure

(a) Within four business days of receipt of a written request therefor, the Station shall mail or deliver to the requesting individual a written response in plain language, informing him/her as to whether or not the Station maintains personal data on that individual, the category and location of the personal data maintained on that individual and procedures available to review the records.

(b) Except where precluded by law, the Station shall disclose to any person upon written request all personal data concerning that individual which is maintained by the Station. The procedures for disclosure shall be in accordance with Conn. Gen. Stat. Sections 1-15 through 1-21k. If the personal data is maintained in coded form, the Station shall transcribe the data into a commonly understandable form before disclosure.

(c) The Station is responsible for verifying the identity of any person requesting access to his/her own personal data.

(d) The Station is responsible for ensuring that disclosure made pursuant to the Personal Data Act is conducted so as not to disclose any personal data concerning persons other than the person requesting the information.

(e) The Station may refuse to disclose to a person medical, psychiatric or psychological data on that person if the Station determines that such disclosure would be detrimental to that person. The Station may also refuse to disclose to a person personal data pertaining to that person if such nondisclosure is otherwise permitted or required by law. In either case, the Station shall advise that person of his/her right to seek judicial relief pursuant to the Personal Data Act.

(f) If the Station refuses to disclose medical, psychiatric or psychological data to a person based on its determination that disclosure would be detrimental to that person and nondisclosure is not mandated by law, the Station shall, at the written request of such person, permit a qualified medical doctor to review the personal data contained in the person's records to determine if the personal data should be disclosed. If disclosure is recommended by the person's medical doctor, the Station shall disclose the data to such person; if nondisclosure is recommended by such person's medical doctor, the Station shall not disclose the personal data and shall inform such person of the judicial relief provided under the Personal Data Act.

(g) The Station shall maintain a complete log of each person, individual, agency or organization who has obtained access to, or to whom disclosure has been made of, personal data under the Personal Data Act, together with the reason for each disclosure or access. This log shall be maintained for not less than five years from the date of such disclosure or access or for the life of the personal data record, whichever is longer.

History

• Effective March 4, 1986

Regs., Conn. State Agencies § 22-79-8 Contesting the content of personal records

(a) Any person who believes that the Station is maintain inaccurate, incomplete or irrelevant personal data concerning him/her may file a written request with the Station for correction of said personal data.

(b) Within 30 days of receipt of such request, the Station shall give written notice to that person that it will make the requested correction, or if the correction is not to be made as submitted, the Station shall state the reason for its denial of such request and notify the person of his/her right to add his/her own statement to his/her personal data records.

(c) Following such denial by the Station, the person requesting such correction shall be permitted to add a statement to his or her personal data record setting forth what that person believes to be an accurate, complete and relevant version of the personal data in question. Such statements shall become part of the Station's personal data system and shall be disclosed to any individual, agency or organization to which the disputed personal data is disclosed.

History

• Effective March 4, 1986

Regs., Conn. State Agencies § 22-79-9 Uses to be made of the personal data

(a) Employees of the Station who are assigned personnel and payroll responsibilities use the personal data contained in the Station's personnel records in processing promotions, reclassifications, transfers to another agency, retirement, and other personnel actions. Supervisors use the personal data when promotion, career counseling, or disciplinary action against such employees is contemplated, and for other employment-related purposes.

(b) The Station retains personnel records according to schedules published by the Public Records Administrator, Connecticut State Library.

History

• Effective March 4, 1986

Connecticut Agricultural Experiment Station Connecticut Agricultural Experiment Station

22-84 The Connecticut Agricultural Experiment Station

Regs., Conn. State Agencies § 22-84-1 Plant quarantine

Transporting of prohibited articles out of quarantined area. No contraband or prohibited articles or materials, or regulated articles or materials, shall be carried without the required certificates from points within any quarantined area to points outside the quarantined areas, even though patrolmen are not present.

Regs., Conn. State Agencies § 22-84-2 Persons to stop for examination

The operators or drivers of all vehicles, boats and packanimals and all other persons shall stop when signaled by an inspector in uniform and wearing the badge of the Connecticut Agricultural Experiment Station, shall furnish such information as is required by such inspector and shall permit the examination of the contents of any vehicles, packages, cargoes or shipments.

Regs., Conn. State Agencies § 22-84-3 Employer not to prevent employee from stopping on signal

No employer, officer or manager of any firm or corporation shall instruct, order, aid or in any manner assist an employee to refuse to stop on signal or to permit inspection of contents of any vehicles, packages, cargoes or shipments.

Regs., Conn. State Agencies § 22-84-4 Quarantined area for European chafer

The following area is proclaimed as a quarantined zone for plant pests: * * * The towns of Berlin, Meriden and Southington. No soil or plants bearing soil may be moved from this area without

(1) inspection and certification for freedom from infestation by the European chafer, or

(2) treatment by a supervised method approved by the director of the Connecticut Agricultural Experiment Station as effective in killing European chafers.

History

• Effective April 21, 1964

Regs., Conn. State Agencies § 22-84-5a Regulated items

Regulated items are Arborvitae(Thuja), Juniper(Juniperus), Cedar(Chamaecyparis), and Pine(Pinus), trees, and raw wood products, including cut logs, infested by all living stages of a longhorned beetle(Callidiellum rufipenne).

History

• Adopted effective June 24, 1999

Regs., Conn. State Agencies § 22-84-5b Survey and eradication program in infested areas of Connecticut

Nursery stock and other regulated items shall be examined by state inspectors or other persons authorized by the Director of The Connecticut Agricultural Experiment Station. Upon discovery of living Callidiellum rufipenne, state inspectors shall quarantine regulated items and survey public and private areas surrounding the initial point of infestation to determine the extent of the insect pest's geographic distribution. Infested trees or other regulated items shipped into Connecticut may be returned to the point of origin by the Connecticut receivers at the shipper's expense or, upon direction by authorized state officials, may be ordered destroyed by incineration, burning, burial or other approved methods or treated by acceptable procedures without expense to or indemnity paid by The Connecticut Agricultural Experiment Station or the State of Connecticut. When infested regulated items are received by state inspectors or authorized persons for the purpose of destruction, a certificate shall be given to the owner of said regulated items indicating the number of trees or amounts of regulated materials surrendered by the owner.

History

• Adopted effective June 24, 1999

Regs., Conn. State Agencies § 22-84-5c Records of infestations in Connecticut

The Office of the State Entomologist at The Connecticut Agricultural Experiment Station, 123 Huntington Street, P.O. Box 1106, New Haven, Connecticut 06504-1106, shall maintain records of survey results and a list of towns where infested regulated items have been found. This list shall be available on request.

History

• Adopted effective June 24, 1999

Regs., Conn. State Agencies § 22-84-5d Definitions

For purposes of sections 22-84-5e through 22-84-5g inclusive, the following definitions apply:

(1) "Asian longhorned beetle" means an invasive insect to the United States of genus and species Anoplophora glabripennis.

(2) "Emerald ash borer" means an invasive insect to the United States of genus and species Agrilus planipennis.

(3) "Authorized person" means an inspector or other person authorized by the Director of The Connecticut Agricultural Experiment Station to examine regulated articles, implement survey, suppression, control or eradication activities, establish regulated areas, and enforce quarantine regulations, including restrictions on intrastate movement of regulated articles.

(4) "Regulated article" means any stage of Asian longhorned beetle or Emerald ash borer, or any living or dead plant material including nursery stock or wood products, or any means of conveyance that is infested or has the potential to be infested or may contribute to the spread of the Asian longhorned beetle or Emerald ash borer. "Regulated articles" include, but are not limited to:

(A) Trees of the following genera: Maple, Boxelder (Acer spp.); Horse-chestnut, buckeye (Aesculus spp.); Birch (Betula spp.); Katsura (Cercidiphyllum spp.); Willow (Salix spp.); Elm (Ulmus spp.); Ash (Fraxinus spp.); Sycamore (Platanus spp.); Poplar (Populus spp.); Mimosa (Albizia spp.); Mountain-ash (Sorbus spp.); Hackberry (Celtis spp.);

(B) Raw wood products, including composted or uncomposted chips of Fraxinus spp. for Emerald ash borer quarantines, green lumber, cut logs, all firewood, and wood debris greater than one inch in two dimensions;

(C) Any other item identified by an authorized person to be a "regulated article" that is infested or has potential to be infested by the Asian longhorned beetle or Emerald ash borer or that has the ability to contribute to the spread of the Asian longhorned beetle or Emerald ash borer.

(5) "Regulated area" means a geographic area infested with Asian longhorned beetle or Emerald ash borer or an adjacent area potentially infested with either such insect that is established by an authorized person to quarantine regulated articles.

(6) "Firewood" means any kindling, logs, timber or other portions of a tree of any hardwood species or length, cut or split, or not cut or split but intended to be cut or split into a form and size appropriate for use as fuel for fires in open pits, grills, fireplaces, stoves, or other wood burning furnaces or devices. "Firewood" does not include kiln dried dimensional lumber or wood that has been chipped to a maximum piece size that is no greater than one inch in two dimensions.

(7) "Director" means the Director of the Connecticut Agricultural Experiment Station.

(8) "Quarantined areas" means areas, counties, or regions of a state that are designated as part of a federally imposed quarantine area related to Emerald ash borer or Asian longhorned beetle.

(9) "Non-quarantined areas" means areas, counties, or regions of a state not subject to a federal quarantine for Emerald ash borer or Asian longhorned beetle.

(10) "Limited permit" means a United States Department of Agriculture document in which a United States Department of Agriculture Inspector or a person operating in accordance with a compliance agreement affirms that the article not eligible for a certificate is eligible for interstate movement only to a specified destination and in accordance with conditions specified on the permit.

(11) "Certificate" means a United States Department of Agriculture document that is issued for a regulated article by a United States Department of Agriculture inspector or other person operating in accordance with a compliance agreement and that represents such article is eligible for interstate movement.

(12) "Compliance agreement" means a written agreement between the United States Department of Agriculture-Animal and Plant Health Inspection Service and a person engaged in growing, handling, or moving regulated articles that are moved interstate, in which the person agrees to comply with federal quarantine regulations as applicable and any conditions imposed by federal authorities under such a quarantine.

(13) "Specialized permit" means a permit issued by the Connecticut Agricultural Experiment Station to a person engaged in growing or handling regulated articles that places conditions on the intrastate movement of regulated articles that are required to be met to comply with federal or state quarantine regulations or orders imposed by The Connecticut Agricultural Experiment Station.

(14) "Treatment certificate or label" means official documentation affixed to a load of firewood that indicates the firewood to which it is affixed was treated in accordance with applicable federal standards by an authorized facility.

(15) "Waybill" means an official shipping document that travels with a shipment, identifies its consignor, consignee, origin and destination, describes the goods, and shows their weight and freight.

History

• Adopted effective March 25, 2010; Amended December 28, 2012

Regs., Conn. State Agencies § 22-84-5e Prohibition or restriction on transport; survey and eradication programs in regulated areas of Connecticut

(a) No person shall transport any regulated article in the State of Connecticut that is:

(1) Infested or potentially infested with Asian longhorned beetle or Emerald ash borer; or

(2) Subject to quarantine pursuant to subsections (c) and (d) of this section.

(b) Nursery stock and other regulated articles may be inspected by authorized persons for the purpose of ascertaining the presence of Asian longhorned beetle or Emerald ash borer.

(c) Upon discovery of Asian longhorned beetle or Emerald ash borer, authorized persons may cooperate with federal, state, and local officials and survey public and private areas surrounding the initial point of infestation to determine the extent of the insect pest's geographic distribution, establish the regulated area in the state or any portion thereof, and quarantine regulated articles. Infested trees, firewood, or other regulated articles in regulated areas or shipped into Connecticut, upon direction by an authorized person and after notice specified in subsection (d) of this section, may be destroyed by chipping, incineration, burning, or other approved methods or treated by acceptable procedures without expense to or indemnity paid by The Connecticut Agricultural Experiment Station or the State of Connecticut. Intrastate movement of regulated articles is restricted and shall comply with permit or specialized permit provisions established pursuant to subsection (d) of this section.

(d) Authorized persons shall notify persons in possession of inspected, regulated articles that such articles are subject to quarantine restrictions and that regulated articles cannot be moved anywhere without obtaining a permit or specialized permit from the Director or an authorized person. The Director shall issue a permit or specialized permit to ensure proper movement and disposal of regulated articles. Regulated articles infested with Asian longhorned beetle shall not be moved from a quarantined area within Connecticut unless chipped to one-inch or less in two dimensions. Requests for a permit or specialized permit to move regulated articles shall be submitted to the Director or an authorized person. Authorized persons may issue quarantine or abatement orders concerning Asian longhorned beetle or Emerald ash borer infestations. Affected parties shall be provided five days notice prior to public hearing on any quarantine order in accordance with Section 22-84 of the Connecticut General Statutes. Abatement orders may require the destruction or treatment of trees, firewood or other regulated articles not less than five days from the date of issuance. Notice of abatement orders shall be provided by personal service, certified mail or publishing in two local newspapers. When infested regulated articles are received by authorized persons and destroyed, written documentation shall be given by the Director or authorized persons to the owner of said regulated articles identifying the quantity and type of regulated materials surrendered by the owner. Copies of such certificates shall be maintained by the Office of the State Entomologist.

History

• Adopted effective March 25, 2010; Amended December 28, 2012

Regs., Conn. State Agencies § 22-84-5f Records of infestations in Connecticut

In the Office of the State Entomologist at The Connecticut Agricultural Experiment Station, 123 Huntington Street, P. O. Box 1106, New Haven, Connecticut 06504-1106, the Director shall maintain records of destroyed regulated articles, survey results, and of a list of towns where infested regulated articles have been found. This list shall be available upon request.

History

• Adopted effective March 25, 2010

Regs., Conn. State Agencies § 22-84-5g Regulation of firewood transported into and within Connecticut

(a) Transport of firewood

(1) Notwithstanding section 22-84-5e of the Regulations of Connecticut State Agencies, no person shall transport firewood, by any means, originating from quarantined areas into Connecticut without:

(A) a certificate or limited permit issued under a compliance agreement with the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) confirming that the subject firewood may be transported interstate from an area currently under federal quarantine and that it has been handled or treated in accordance with the conditions of an applicable compliance agreement or treated in accordance with the following applicable federal standards articulated in the USDA Plant Protection and Quarantine Treatment Manual and addenda as may be revised from time to time:

(i) Removal of the bark and additional one-half inch of wood;

(ii) Kiln sterilization treatment;

(iii) Fumigation according to a treatment schedule; or

(iv) Heat treatment;

(B) a certificate issued by an APHIS inspector pursuant to 7 CFR 301.53-5(a) or 7 CFR 301.51-5(a); or

(C) a limited permit issued by an APHIS inspector pursuant to 7 CFR 301.53-5(b) or 7 CFR 301.51-5(b).

(2) Notwithstanding section 22-84-5e of the Regulations of Connecticut State Agencies, no person may transport firewood, by any means, originating from a non-quarantined area and not passing through a quarantined area into the state of Connecticut without:

(A) a permit or specialized permit from the Director;

(B) a treatment certificate or label from a United States Department of Agriculture qualified treatment facility indicating that the firewood has been treated to protect against the Emerald ash borer and Asian longhorned beetle in accordance with applicable federal standards articulated in the USDA Plant Protection and Quarantine Treatment Manual and addenda as may be revised from time to time;

(C) documentation from the USDA or a state agency with authority to control, suppress, or exterminate plant pests and diseases indicating that the firewood has been treated to protect against the Emerald ash borer and Asian longhorned beetle in accordance with applicable federal standards articulated in the USDA Plant Protection and Quarantine Treatment Manual and addenda as may be revised from time to time; or

(D) a treatment certificate or label from the Canadian Food Inspection Agency or a facility authorized by the Canadian Food Inspection Agency to issue such documentation.

(3) Notwithstanding section 22-84-5e of the Regulations of Connecticut State Agencies, no person may transport firewood, by any means, originating from a nonquarantined area and passing through an area quarantined for Emerald ash borer into the state of Connecticut unless the firewood is handled and transported in compliance with the applicable requirements of 7 CFR 301.53-4(b)(2).

(4) Notwithstanding section 22-84-5e of the Regulations of Connecticut State Agencies, no person may transport firewood, by any means, originating from a nonquarantined area and passing through an area quarantined for Asian longhorned beetle into the state of Connecticut unless the firewood is handled and transported in compliance with the applicable requirements of 7 CFR 301.51-4(a)(2)(ii).

(5) Notwithstanding subdivisions (1) to (4), inclusive, of this subsection, the United States Department of Agriculture may move firewood into the state of Connecticut for scientific and experimental purposes in accordance with 7 CFR 301.53-4(b)(1) or 7 CFR 301.51-4(a)(1).

(b) The Director or an authorized person may issue written permission to transport firewood into Connecticut from a non-quarantined area without a treatment certificate or label, or other documentation referenced in subdivision (a)(2) of this section on a case-by-case basis if, after review, and in consultation with the Commissioner of Energy and Environmental Protection or the Commissioner's designee, it is determined that:

(1) The firewood does not present a threat of Emerald ash borer or Asian longhorned beetle infestation because of verifiable origin from a non-quarantined area; and

(2) the firewood has been examined by an authorized inspector or authorized certified forester, its handling was conducted in accordance with 7 CFR 301.53-4 (b)(2) or 7 CFR 301.51-4(a)(2)(ii), or it was otherwise treated to eliminate any threat.

(c) The Director or authorized persons may inspect any firewood being transported into or through Connecticut, being sold, or intended for sale, and may obtain information concerning the verifiable origin of that firewood and, if necessary upon inspection, request production of necessary certificates, waybill, labels, or limited permits regarding its origin or treatment.

(d) All transporters and retail sellers of firewood in Connecticut shall be able to demonstrate that any firewood in their possession or offered for sale is:

(1) Of a verifiable in-state origin and complies with any applicable requirements of a state or federal quarantine imposed in the state of Connecticut; or

(2) accompanied by a certificate, a limited permit, treatment certificate or label, or waybill verifying its origin and handling in accordance with subsection (a) of this section, if the firewood originated from out-of-state.

If the transporter or retail seller is not able to produce evidence of conformity with subdivision (1) or (2) of this subsection, the firewood shall be subject to confiscation by the Director or authorized persons in accordance with section 22-84 of the Connecticut General Statutes.

(e) Any firewood, transported into or possessed within Connecticut, that is of undisclosed or unverifiable origin or that lacks treatment certificates, appropriate labels, permits, or certificates required by this section or that of a federal or state quarantine shall be returned to its point of origin, disposed of at the site of detection if feasible, or transported via a tarped or otherwise enclosed vehicle to the nearest facility designated by the Department of Energy and Environmental Protection (DEEP) for responsible disposal, including a DEEP permitted resource recovery facility or solid-waste facility, unless otherwise directed by the Director or authorized person.

History

• Effective December 28, 2012

The Connecticut Agricultural Experiment Station The Connecticut Agricultural Experiment Station

22-86 The Connecticut Agricultural Experiment Station

Regs., Conn. State Agencies § 22-86-1 White pine blister rust: districts

Control areas comprising the below named towns, within which all ribes, both wild and cultivated, growing within nine hundred feet of a white pine stand one acre or more in extent, may be destroyed by a duly accredited representative of the Connecticut Agricultural Experiment Station, are hereby designated:

| Andover | Coventry | Morris | Sterling | | --- | --- | --- | --- | | Ashford | Eastford | New Hartford | Thomaston | | Avon | Ellington | New Milford | Thompson | | Barkhamsted | Enfield | Norfolk | Tolland | | Bethlehem | Farmington | North Canaan | Torrington | | Bolton | Goshen | Plainfield | Union | | Bridgewater | Granby | Plainville | Vernon | | Bristol | Griswold | Plymouth | Voluntown | | Brooklyn | Hampton | Pomfret | Warren | | Burlington | Hartland | Putnam | Washington | | Canaan | Harwinton | Roxbury | Watertown | | Canterbury | Hebron | Salisbury | Willington | | Canton | Kent | Scotland | Winchester | | Chaplin | Killingly | Sharon | Windham | | Colebrook | Litchfield | Simsbury | Woodbury | | Columbia | Manchester | Somers | Woodstock | | Cornwall | Mansfield | Stafford | |

State Entomologist State Entomologist

22-90 Honey Bee Tracheal and Honey Bee/Varroa Mite Quarantine

Regs., Conn. State Agencies § 22-90-1—22-90-14 (Repealed)

Repealed November 19, 1992.

Department of Agriculture Department of Agriculture

22-111c Registration Fees

Regs., Conn. State Agencies § 22-111c-1 Registration fees for the sale of fertilizer

Each brand and grade of commercial fertilizer shall be registered with the Commissioner of Agriculture annually before being distributed in this State. A fee of (15) fifteen dollars per major and minor element for each brand and grade listed on the application form shall accompany the application for registration. The cost for each registration shall not exceed (90) ninety dollars per individual product. All registrations shall expire on June thirtieth of each year.

History

• Effective November 16, 1982; Amended December 23, 1997

22-111e Establishment of Certain Inspection, Registration, Production and Marketing Fees for the Distribution of Fertilizer, Commercial Feeds, Milk and Milk Products

Regs., Conn. State Agencies § 22-111e-1 Inspection fees for the distribution of fertilizer

A distributor of commercial fertilizer shall pay to the Commissioner of Agriculture annually, at the time an annual statement is filed pursuant to Section 22-111e(b) of the Connecticut General Statutes, an inspection fee of (25) twenty-five cents per U.S. ton of each commercial fertilizer distributed in this state during the period ending June 30th, provided that sales to manufacturers or exchanges between manufacturers and sales by distributors of less than (10) ten tons in any such annual period are exempted.

History

• Adopted effective June 6, 2000

22-111j Sale and Distribution of Fertilizers

Regs., Conn. State Agencies § 22-111j-1 Definitions

Except as the Commissioner of Agriculture designates otherwise in specific cases, the names and definitions for commercial fertilizers shall be those adopted by the Association of American Plant Food Control Officials.

History

• Effective August 9, 1979

Regs., Conn. State Agencies § 22-111j-2 Percentages

The term "percentage" by symbol or word, when used on a fertilizer label shall represent only the amount of individual plant nutrients in relation to the total product by weight.

History

• Effective August 9, 1979

Regs., Conn. State Agencies § 22-111j-3 Labels

(a) When requested by the Commissioner of Agriculture, each manufacturer or distributor shall furnish, with his application for registration, all proposed labels for fertilizer and any directions for the use of such fertilizer.

(b) All guaranteed plant nutrients in addition to, and following, the primary nutrients of nitrogen, phosphorous and potassium, shall be listed on each label of fertilizer in the order in which such elements appear in section 22-111-4 of these regulations.

(c) Any fertilizer which contains a minimum of 0.03% of boron in water soluble form shall carry the word "warning" or "caution" which shall be conspicuously displayed on such label. Such label shall list the crop or crops for which said fertilizer shall be used and shall state that the use of such fertilizer on any non-recommended crop may cause serious injury to such crop or crops.

(d) Any fertilizer which contains a minimum of 0.001% molybdenum shall carry the word "warning" or "caution" which shall be conspicuously displayed on such label. Such label shall state that the application of any fertilizer containing molybdenum may result in a level of molybdenum in forage crops which may be toxic to ruminant animals.

History

• Effective August 9, 1979

Regs., Conn. State Agencies § 22-111j-4 Plant nutrients

All plant nutrients which are to be used in the production, manufacture, and distribution of fertilizer shall be registered with the Commissioner of Agriculture and shall be guaranteed by the manufacturer or distributor. Said guarantees shall be established on an elemental basis as prescribed by statute. All sources of such elements, so guaranteed, and proof of the availability of such elements shall be provided to the Commissioner upon his request. The minimum percentage which shall be acceptable to the Commissioner for registration are as follows: calcium (CA), 1.000%; magnesium (MG), 0.5000%; sulfur (S), 1.000%; boron (B), 0.0200%; chlorine (CL), 0.1000%; cobalt (CO), 0.0005%; copper (CU), 0.0500%; iron (FE), 0.1000%; manganese (MN), 0.0500%; molybdenum (MO), 0.0005%; sodium (NA), 0.1000%; zinc (ZN), 0.0500%.

History

• Effective August 9, 1979

Regs., Conn. State Agencies § 22-111j-5 Investigational allowances

(a) A commercial fertilizer, or any individual element contained therein, shall be deemed deficient if the analysis of nutrient is below the guarantee by an amount exceeding the values in the schedule below. Such guaranteed analysis shall be conducted in accordance with the recommended Association of Official Analytical Chemists (A.O.A.C.) procedures for obtaining samples and sample preparation. Such procedures are described in Official Methods of Analysis of the Association of Official Analytical Chemists, 11th edition, 1970, and in succeeding issues of the Journal of the Association of Official Analytical Chemists. Replicate data shall be evaluated by following the instructions listed in the Journal of the Association of Official Analytical Chemists, vol. 59, no. 5, pg. 935, table 19, October 1966. GuaranteePercentNitrogenPercentAvailable PhosphoricAcid, PercentPotashPercent040.490.670.41050.510.670.43060.520.670.47070.540.680.53080.550.680.60090.570.680.65100.580.690.70120.610.690.79140.630.700.87160.670.700.94180.700.711.01200.730.721.08220.750.721.15240.780.731.21260.810.731.27280.830.741.33300.860.751.39320.880.761.44

(b) Secondary and minor elements shall be deemed deficient if any element is below the guarantee by an amount exceeding the values in the table below. The maximum allowable deviation of the values listed in such tables shall be one unit (1%). ElementAllowable DeficiencyCalcium0.2 unit + 5% of guaranteeMagnesium0.2 unit + 5% of guaranteeSulfur0.2 unit + 5% of guaranteeBoron0.003 unit + 15% of guaranteeCobalt0.0001 unit + 30% of guaranteeMolybdenum0.0001 unit + 30% of guaranteeChlorine0.005 unit + 10% of guaranteeCopper0.005 unit + 10% of guaranteeIron0.005 unit + 10% of guaranteeManganese0.005 unit + 10% of guaranteeSodium0.005 unit + 10% of guaranteeZinc0.005 unit + 10% of guarantee

(c) Method of determining investigational allowances. A minimum of two (2) values shall be averaged in order to determine that the minimum guarantee has been met. If more than two (2) values are obtained, all significant values shall be averaged. Each value may be "rounded" to one decimal place for easy recording, but each value shall be carried to two (2) decimal places in order to apply such established averages to the preceding table. If the requisite guarantee is not listed in such table, the necessary appropriate value shall be calculated by interpolation.

(d) Sampling. Wherever applicable, all sampling equipment used and procedures employed shal be those adopted by the Association of Official Analytical Chemists.

History

• Effective August 9, 1979

22-118b Registration Fees

Regs., Conn. State Agencies § 22-118b-1 (Repealed)

Repealed November 9, 1999.

22-118g Sale and Distribution of Feeds

Regs., Conn. State Agencies § 22-118g-1—22-118g-9 (Repealed)

Repealed November 9, 1999.

Regs., Conn. State Agencies § 22-118g-10—22-118g-14 (Repealed)

Repealed November 9, 1999.

22-118q Establishment of Certain Inspection, Registration, Production and Marketing Fees for the Distribution of Fertilizer, Commercial Feeds, Milk and Milk Products

Regs., Conn. State Agencies § 22-118q-1 Commercial feeds and pet foods

(a) Incorporation by reference

The provisions and requirements of and future changes to The Official Definitions of Feed Ingredients and Official Feed Terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization, is incorporated by reference in its entirety. A copy of such document may be obtained by mail from the Connecticut Department of Agriculture, 765 Asylum Avenue, Hartford, Connecticut 06105 or by telephone at 860-713-2513.

History

• Adopted effective June 6, 2000

Regs., Conn. State Agencies § 22-118q-2 Fees

A distributor of commercial feeds shall pay to the Commissioner of Agriculture annually, at time of registration pursuant to Section 22-118l of the Connecticut General Statutes, a registration fee of (40) forty dollars for each commercial feed registered.

History

• Adopted effective June 6, 2000

22-128a Establishment of Certain Inspection, Registration, Production and Marketing Fees for the Distribution of Fertilizer, Commercial Feeds, Milk and Milk Products

Regs., Conn. State Agencies § 22-128a-1 Production and marketing fees

Any individual, partnership, association, firm, limited liability company or corporation producing and marketing milk and milk products required to be registered, licensed or permitted pursuant to Connecticut General Statutes Chapter 430, shall pay to the Commissioner of Agriculture at time of registration, licensing or permitting pursuant to Connecticut General Statutes Chapter 430, a fee of (10) ten dollars.

History

• Adopted effective June 6, 2000

22-133 The Production, Handling and Distribution of Milk and Milk Products Certified Milk

Regs., Conn. State Agencies § 22-133-1—22-133-14 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-15 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-16—22-133-21 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-22—22-133-25 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-26—22-133-32 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-33—22-133-44 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-45—22-133-51 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-52—22-133-60 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-61 (Repealed)

Repealed November 24, 1970.

Regs., Conn. State Agencies § 22-133-62 (Repealed)

Repealed November 24, 1970.

Regs., Conn. State Agencies § 22-133-63 (Repealed)

Repealed November 24, 1970.

Regs., Conn. State Agencies § 22-133-64 (Repealed)

Repealed November 24, 1970.

Regs., Conn. State Agencies § 22-133-65—22-133-67 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-68 (Repealed)

Repealed November 24, 1970.

Regs., Conn. State Agencies § 22-133-69 (Repealed)

Repealed November 24, 1970.

Regs., Conn. State Agencies § 22-133-70 (Repealed)

Repealed November 24, 1970.

Regs., Conn. State Agencies § 22-133-71 (Repealed)

Repealed November 24, 1970.

Regs., Conn. State Agencies § 22-133-72 (Repealed)

Repealed November 24, 1970.

Regs., Conn. State Agencies § 22-133-73 (Repealed)

Repealed November 24, 1970.

Regs., Conn. State Agencies § 22-133-74—22-133-84 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-85—22-133-88 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-89—22-133-99a (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-100 (Repealed)

Repealed November 24, 1970.

Regs., Conn. State Agencies § 22-133-101—22-133-103 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-104—22-133-113d (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-133-114 Definitions

As used in sections 22-133-115 through 22-133-130 inclusive, of the Regulations of State Agencies:

(1) "Intrastate dealer" means any person, firm, corporation, limited liability company or association who receives, pasteurizes, processes and bottles milk from one or more farms located within this state and who sells or offers for sale milk or milk products only within this state.

(2) "Interstate dealer" means any person, firm, corporation, limited liability company or association who receives, pasteurizes, processes and bottles milk from one or more farms, who sells or offers for sale milk or milk products within and outside of this state.

(3) "Un-ripened cheese" means cheese that has not undergone a sixty day aging process.

(4) "Depot" and "Distributor" means a place of business where packaged milk or milk products are stored for distribution. This shall not include those facilities that are part of a milk processing plant.

(5) "Store" means a place of business where packaged milk or milk products are offered for sale to consumers.

(6) "Refrigeration zone" means that area of a cooler or other area in which milk products are stored, which is actively cooled by a mechanical device.

(7) "Facility", "Farm" and "Premises" means any place where one (1) or more lactating goat, cow or sheep are kept for milking purposes.

(8) "Herd" is defined as one (1) or more cows, goats or sheep which are kept for milking purposes.

(9) "Milk handler" means a person who handles milk or milk products, equipment which comes in direct contact with milk or milk products or milking aged animals.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-115 Standards for the production, processing, handling, bottling and storage of milk for pasteurization, pasteurized milk and milk products, ultra-pasteurized milk and milk products, aseptically processed milk and milk products, condensed milk, dry milk and dry milk products, non-standardized fluid milk, standardized fluid milk products and the manufacture of single service milk containers

(a) The following is incorporated by reference. The Pasteurized Milk Ordinance (PMO), Section 1, Sections 4 through 7 inclusive, Section 10, Sections 12 through 14 inclusive and Appendices B, D through O inclusive and Q, Recommendations of the United States Public Health Service/Food and Drug Administration, as amended from time to time.

(b) The processing, storage and handling of aseptic milk and milk products shall comply with 21 CFR 113.

(c) The cooling requirements for pasteurized milk and milk products, except aseptically processed and packaged milk and milk products, shall be those in section 22-194 of the Connecticut General Statutes.

(d) Milk for pasteurization shall be cooled to less than forty five (45) degrees Fahrenheit or less within two hours of the completion of the milking. Milk shall be further cooled to a storage temperature of forty (40) degrees Fahrenheit or less within four hours of the completion of milking. The blend temperature after the first milking and subsequent milkings shall not exceed fifty (50) degrees Fahrenheit.

(e) Whenever three of the last five direct microscopic cell counts exceeds the standard established in subsection (a) of this section, the commissioner or the commissioner's designated agent may require the producer to have all milking equipment inspected and repaired by a qualified serviceman and mat require the producer to enroll the herd into the Connecticut Plan for the Eradication of Mastitis or follow an equivalent plan developed by a licensed veterinarian.

(f) Notwithstanding the provisions of the Pasteurized Milk Ordinance, intrastate dealers with a daily production of two hundred fifty pounds (250) or less shall comply with the following requirements:

(1) All workers filling and capping shall wear hair covering and wash hands immediately prior to starting the filling operation;

(2) Multiple use containers shall be washed, sanitized and drained no more than four hours prior to filling. Washing and sanitizing may be done in a three compartment sink or other apparatus acceptable to the commissioner or the commissioner's designated agent;

(3) Single service caps shall be sanitized immediately prior to use;

(4) Filling shall be done using suitable stainless steel piping equipped with a positive shutoff valve. No dipping or ladling is permitted;

(5) During filling, the pouring lip of the container shall be protected from overhead contamination by the use of a drip deflector installed on the filling device;

(6) The exterior of filled and capped containers shall be rinsed with potable water or potable water treated with a sanitizer immediately prior to being put into cold storage;

(7) Each filled container shall have the label affixed and the last sale date stamped or otherwise applied to the container before being transferred to a cooler or customer;

(8) Wet storage of filled containers is not permitted; and

(9) The storage and construction of caps and containers shall conform to subsection (a) of this section.

(g) Notwithstanding the provisions of the Pasteurized Milk Ordinance, intrastate dealers with a daily production of greater than two hundred fifty pounds (250) shall comply with the following requirements:

(1) Filling and capping shall be done in a sanitary manner using a mechanical device approved by the commissioner or the commissioner's designated agent;

(2) All workers filling and capping shall wear hair covering and wash hands immediately prior to starting the filling operation;

(3) Multiple use containers shall be washed, sanitized and drained no more than four hours prior to filling. Washing and sanitizing may be done in a three compartment sink or other apparatus acceptable to the commissioner or the commissioner's designated agent;

(4) The pouring lip of the container shall be protected from overhead contamination;

(5) The exterior of filled and capped containers shall be rinsed with potable water or potable water treated with a sanitizer immediately prior to being placed into cold storage;

(6) Each filled container shall have the label affixed and the last sale date stamped or otherwise applied to the container before being transferred to a cooler or customer;

(7) Wet storage of filled containers is not permitted; and

(8) The storage and construction of caps and containers shall conform to subsection (a) of this section.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-116 Methods of making sanitation ratings

The following are incorporated by reference. Pasteurized Milk Ordinance Methods of Making Sanitation Ratings of Milk Supplies, Recommendations of the United States Public Health Service/Food and Drug Administration, as amended from time to time.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-117 Procedures governing the participation of the Department of Agriculture in the National Interstate Milk Shippers Conference

(a) The following are incorporated by reference. Pasteurized Milk Ordinance Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, Recommendations of the United States Public Health Service/Food and Drug Administration, as amended from time to time.

(b) The commissioner of agriculture may appoint a designated agent from the department, knowledgeable in both public health matters and the production, processing and handling of milk and milk products, to attend the meetings of the National Conference on Interstate Milk Shipments. The commissioner's designated agent, in consultation with the commissioner, shall cast votes assigned to the state.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-118 Standards for the production and manufacture of cheese

(a) The following are incorporated by reference as the standards for the production and manufacture of cheese: 21 CFR 110, Current Good Manufacturing Practice In Manufacturing, Packing, Or Holding Human Food and 21 CFR 133 Cheeses And Related Cheese Products.

(b) Un-ripened cheeses shall not have a coliform bacteria count in excess of ten per milliliter or gram.

(c) Cheese shall be manufactured from milk which has been properly screened for the presence of drug residues or other inhibitors in accordance with section 22-203a of the Connecticut General Statutes and regulations adopted pursuant to section 22-203c of the Connecticut General Statutes.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-119 Ricotta cheese, definitions for the purposes of section 22-133-120 of the Regulations of Connecticut State Agencies

(1) Whole milk ricotta cheese is the cheese prepared from milk, whey or a blend of such products, heated to a minimum temperature of one hundred eighty (180) degrees Fahrenheit. Salt and acidifying agents may be added to whole milk ricotta cheese, as well as other generally recognized safe and suitable ingredients as defined in 21 CFR 184. The finished whole milk ricotta cheese shall not contain more than eighty (80) percent moisture and shall contain not less than eleven (11) percent of milkfat.

(2) Part-skim ricotta cheese is the cheese prepared from milk, whey or a blend of these products, heated to a minimum temperature of one hundred eighty (180) degrees Fahrenheit. Salt and acidifying agents may be added to part-skim ricotta cheese, as well as other generally recognized safe and suitable ingredients as defined in 21 CFR 184. The finished part-skim ricotta cheese shall not contain more than eighty (80) percent moisture and shall contain between six (6) and ten percent (10) milkfat.

(3) Skim milk ricotta (Ricotone) is the cheese prepared from skim milk, whey or a blend of these products, heated to a minimum temperature of one hundred eighty (180) degrees Fahrenheit. Salt and acidifying agents may be added to ricotta cheese from whey or skim milk, as well as other generally recognized safe and suitable ingredients as defined in 21 CFR 184. The finished ricotta from whey or skim milk shall not contain more than eighty two point five (82.5) percent moisture and shall contain less than one percent (1) milkfat.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-120 Whole milk ricotta cheese, part-skim ricotta cheese and skim milk ricotta cheese. Standards

(a) Each batch of whole milk ricotta cheese, part-skim ricotta cheese and skim milk ricotta cheese shall be monitored by the use of an indicating thermometer that complies with the Pasteurized Milk Ordinance, appendix H, indicating thermometers for batch pasteurization.

(b) At the end of the heating period before the addition of an acidifying agent, each operator shall log the temperature of the milk. In addition to the temperature, the log shall contain the date, kettle or vat identification, batch number, amount, and the name of the operator.

(c) The term "pasteurized", may only be used when the milk used to manufacture whole milk ricotta cheese, part-skim ricotta cheese and skim milk ricotta cheese has been properly pasteurized using approved equipment, in conformance with section 22-133-115(a) of the Regulations of Connecticut State Agencies.

(d) The packaging, handling and storage of whole milk ricotta cheese, part-skim ricotta cheese and skim milk ricotta cheese shall comply with 21 CFR 110 Current Good Manufacturing Practice In Manufacturing, Packing, Or Holding Human Food.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-121 Standards for the production and manufacture of butter

The following are incorporated by reference as the standards for the production and manufacture of butter: 21 CFR 110, Current Good Manufacturing Practice In Manufacturing, Packing, Or Holding Human Food and 7 CFR 58, Grading And Inspection, General Specifications For Approved Plants And Standards For Grades Of Dairy Products.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-122 Depot or distributor. Inspection and standards

(a) The following are incorporated by reference as the standards for the storage and handling of packaged milk and milk products at a milk distribution facility: The Pasteurized Milk Ordinance (PMO), section 1, sections 4 and 6, section 7, items 1p, 2p, 3p, 4p, 5p, 6p, 7p, 8p, 9p, 15p, 20p, 21p, 22p and sections 12 through 14 inclusive, Recommendations of the United States Public Health Service/Food and Drug Administration, as amended from time to time.

(b) The cooling requirements for packaged milk and milk products, cottage cheese, butter, cream cheese, sour cream, yogurt, kefir and related dairy products at a milk distribution facility shall conform to section 22-194 of the Connecticut General Statutes.

(c) Returned milk and milk products shall not be offered for re-sale, shall be kept cooled and shall be stored in an area clearly marked with the words "Returns" or "Not for Sale", separate from other foods being offered for sale.

(d) The commissioner or the commissioner's designated agent may inspect each milk distribution facility annually for compliance with this section. The inspection frequency may be increased for cause. A copy of the inspection report shall be retained at the milk distribution facility and shall be available for inspection.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-123 Cheese, milk and milk product handling and storage in stores. Standards

(a) The cooling requirements for milk and milk products in stores shall conform to section 22-194 of the Connecticut General Statutes.

(b) All coolers/refrigerators and display areas used for the storage or display of milk and milk products and cheese shall be kept clean and free of odors, rodents and insects.

(c) Milk and milk products and cheese shall be received in a sanitary manner. The areas where milk and milk products, or cheese are received shall be clean and free of litter, rodents and insects.

(d) Milk and milk products shall be immediately put into refrigerated storage upon receipt.

(e) Milk and milk products shall only be sold to consumers in the original container.

(f) The manufacturer's last sale date or expiration date shall not be altered in any way.

(g) No milk and milk product or cheese labeled with the words "keep refrigerated" or that is otherwise required to be refrigerated shall be stored outside the refrigeration zone of any cooler, display case or refrigerator.

(h) Returned milk and milk products and cheese shall not be offered for re-sale and shall be kept cooled, stored in an area clearly marked with the words "Returns" or "Not for Sale", separate from other foods being offered for sale.

(i) The commissioner or the commissioner's designated agent may inspect the receiving, storage and handling of milk, milk and milk products and cheese at each store annually for compliance with this section. The inspection frequency may be increased for cause. A copy of the inspection report shall be retained at the store and shall be available for inspection.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-124 Retail raw milk, production, cooling, storage and cleaning. Standards

(a) The procedures, handling, equipment and facilities used in the production and handling of retail raw milk shall comply with section 22-133-115(a) of the Regulations of Connecticut State Agencies, except as modified by sections 22-133-124 through 22-133-131 inclusive of the Regulations of Connecticut State Agencies.

(b) Retail raw milk shall be cooled to forty degrees (40) Fahrenheit or less within three hours of the completion of milking. The blend temperature after the first milking and subsequent milkings shall not exceed fifty (50) degrees Fahrenheit.

(c) Retail raw milk shall be kept cooled to a temperature of forty degrees (40) Fahrenheit or less until delivered to the consumer.

(d) Each tank or bulk storage container shall be cleaned and sanitized every forty-eight hours.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-125 Retail raw milk. Herd health. Standards

(a) Retail raw milk producers shall maintain a current and ongoing patient/client relationship with an accredited large animal veterinarian licensed to practice in the State of Connecticut.

(b) Herds shall be tested annually for brucellosis and tuberculosis. Such testing shall be conducted in accordance with sections 22-287, 22-298 and 22-304 of the Connecticut General Statutes.

(c) The milk ring test for the detection of Brucella spp. shall be administered monthly to each herd.

(d) Each herd producing retail raw milk shall be enrolled in the Connecticut Plan for the Eradication of Mastitis.

(e) The results of all herd testing required by this section shall be reported to the Commissioner.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-126 Retail raw milk handler. Health standards

(a) The personnel health of retail raw milk handlers and the procedures used to prevent the transmission of diseases that are transmissible through food shall conform to sections 13 and 14 of the Pasteurized Milk Ordinance (PMO), Recommendations of the United States Public Health Service/Food and Drug Administration, as amended from time to time.

(b) Any retail raw milk handler with a communicable disease is prohibited from handling retail raw milk or retail raw milk cheese, equipment that may come in direct contact with retail raw milk or retail raw milk cheese, or from milking aged animals.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-127 Retail raw milk, filling, capping and container. Standards

(a) Retail raw milk producers with a daily production of two hundred fifty pounds (250) or less shall comply with the following requirements:

(1) All workers filling and capping shall wear hair covering and wash hands immediately prior to starting the filling operation;

(2) Multiple use containers shall be washed, sanitized and drained no more than four hours prior to filling. Washing and sanitizing may be done in a three compartment sink or other apparatus acceptable to the commissioner;

(3) Single service caps shall be sanitized immediately prior to use;

(4) Filling shall be done using suitable stainless steel piping equipped with a positive shutoff valve. No dipping or ladling is permitted;

(5) During filling, the pouring lip of the container shall be protected from overhead contamination by the use of a drip deflector installed on the filling device;

(6) The exterior of filled and capped containers shall be rinsed with potable water or potable water treated with a sanitizer;

(7) Each filled container shall have the label affixed and the last sale date stamped or otherwise applied to the container before being transferred to a cooler or customer;

(8) Wet storage of filled containers is not permitted; and

(9) The storage and construction of caps and containers shall conform to section 22-133-115(a) of the Regulations of Connecticut State Agencies.

(b) Retail raw producers with a daily production of greater than two hundred fifty pounds (250) shall comply with the following requirements:

(1) Filling and capping shall be done in a sanitary manner using a mechanical device approved by the commissioner;

(2) All workers filling and capping shall wear hair covering and wash hands immediately prior to starting the filling operation;

(3) Multiple use containers shall be washed, sanitized and drained no more than four hours prior to filling. Washing and sanitizing may be done in a three compartment sink or other apparatus acceptable to the commissioner;

(4) The pouring lip of the container shall be protected from overhead contamination;

(5) The exterior of filled and capped containers shall be rinsed with potable water or potable water treated with a sanitizer;

(6) Each filled container shall have the label affixed and the last sale date stamped or otherwise applied to the container before being transferred to a cooler or customer;

(7) Wet storage of filled containers is not permitted; and

(8) The storage and construction of caps and containers shall conform to section 22-133-115(a) of the Regulations of Connecticut State Agencies.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-128 Retail raw milk cheese, production and manufacture. Standards

(a) The standards, facilities, production and sale of retail raw milk cheese shall comply with the requirements for the manufacture of cheese contained in section 22-133-118 of the Regulations of Connecticut State Agencies, except as modified by sections 22-133-128 through 22-133-130 inclusive, of the Regulations of Connecticut State Agencies.

(b) All retail raw milk cheese shall be aged a minimum of sixty days at a temperature of not less than thirty five (35) degrees Fahrenheit.

(c) Salt, acidifying agents, rennet, flavoring ingredients as well as other generally recognized safe and suitable ingredients as defined in 21 CFR 184 may be added to retail raw milk cheese.

(d) The milk used in the manufacture of retail raw milk cheese shall comply with sections 22-133-124 to 22-133-126, inclusive, and section 22-133-129 of the Regulations of Connecticut State Agencies.

(e) A clean room shall separate the areas used to process, hold, age and package retail raw milk cheese from milking areas, animal housing areas, toilet facilities and other areas used for domestic purposes. All outside openings shall be screened and all exterior doors and entrances to cheese processing areas shall be equipped with self-closing doors. Toilet facilities shall be equipped with a self-closing door.

(f) Each retail raw milk cheese manufacturer shall identify each individual cheese made. The system to identify each cheese shall use consecutive numbers and include the date of manufacture as part of the identification. Each retail raw milk cheese manufacturer shall keep records of production. These records shall include the date, the amount of milk used in that day's production, the kind of cheese produced, the amount of each type of cheese produced and the identification number of each individual cheese. The records shall be kept on the premises and shall be available for inspection.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-129 Retail raw milk and retail raw milk cheese. Quality standards

(a) The standard plate count of retail raw milk shall not exceed thirty thousand (30,000) colonies per milliliter.

(b) The thermoduric bacteria count (lab pasteurized count) of retail raw milk shall not exceed one thousand (1,000) colonies per milliliter.

(c) The somatic cell count of retail raw milk shall conform to the standards established in section 7, Pasteurized Milk Ordinance (PMO), Recommendations of the United States Public Health Service/Food and Drug Administration, as amended from time to time.

(d) The coliform bacteria count of retail raw milk shall not exceed fifty (50) per milliliter.

(e) There shall be no detectable presence of human pathogens in retail raw milk and retail raw milk cheese, including, but not limited to: Bacillus cereus, Listeria monocytogenes, Yersinia enterocolitica, Salmonella spp., Escherichia coli O157:H7, Clostridium botulinum and Campylobacter jejuni.

(f) No water shall be added to retail raw milk.

(g) Retail raw milk shall be kept cooled and stored at a temperature of forty (40) degrees Fahrenheit or less.

(h) Retail raw milk shall contain no drug residues or other inhibitory substances at or above the tolerance levels for drugs or other inhibitors established by the US Food and Drug Administration. Drug or other inhibitor use shall conform to section 22-203c-8 of the Regulations of Connecticut State Agencies.

(i) The coliform bacteria count of retail raw milk cheese shall not exceed one hundred fifty (150) per milliliter or gram.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-130 Retail raw milk and retail raw milk cheese. Sampling frequency, notification, investigations, recalls and enforcement

(a) The commissioner or the commissioner's designated agent may collect samples of retail raw milk and retail raw milk cheese produced once per month. Sampling frequency may be increased whenever the commissioner or the commissioner's designated agent has a valid reason to increase the sampling frequency or whenever a standard established in section 22-133-129 of the Regulations of Connecticut State Agencies has been violated.

(b) The tests conducted on retail raw milk and retail raw milk cheese include, but are not limited to, the standard plate count, the direct microscopic cell count, the detection of drugs and other inhibitors, the detection of human pathogens, and the coliform bacteria count.

(c) Upon receipt of notification that retail raw milk or retail raw milk cheese violates standards established in section 22-133-129 of the Regulations of Connecticut Sate Agencies, the producer shall investigate the cause of the violation and prepare a written explanation, describing the cause and the corrective action taken. The written explanation and description of the corrective actions taken shall be completed within fifteen (15) days of the notification and kept on file by the retail raw milk producer or retail raw milk cheese manufacturer for one year and shall be available for inspection.

(d) In addition to section 22-133-130(c) of the Regulations of Connecticut State Agencies, whenever retail raw milk or retail raw milk cheese is found to have a coliform colony count exceeding one hundred fifty (150) colonies per milliliter (ml) the commissioner may prevent the sale and cause to be destroyed all contaminated retail raw milk or retail raw milk cheese in accordance with sections 22-129 and 22-129a of the Connecticut General Statutes, until an investigation by the commissioner or the commissioner's designated agent determines the retail raw milk or retail raw milk cheese produced at that facility complies with sections 22-133-124 through 22-133-129, inclusive, of the Regulations of Connecticut State Agencies.

(e) The confirmed presence of human pathogens in retail raw milk and retail raw milk cheese shall be considered an imminent public health threat. The commissioner shall prevent the sale and cause to be destroyed all contaminated retail raw milk or retail raw milk cheese in accordance with sections 22-129 and 22-129a of the Connecticut General Statutes. The producer may be required to initiate a product recall. The retail raw milk producer or retail raw milk cheese manufacturer shall make available to the commissioner or the commissioner's designated agent the names and contact information of all known consumers, distributors and retail sales outlets.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-131 Milk or milk products and cheese. Labeling standards

(a) Labeling shall comply with 21 CFR 101 Food Labeling.

(b) Products not manufactured, packaged and heat treated in a manner that makes the product safe to store at room temperature shall be conspicuously labeled with a last sale date. The last sale date shall be shown in contrasting color with the background. The last sale date shall be expressed as "sell by", "last sale date" or "must be sold by".

(c) Products not packaged and heat treated in a manner that makes the product safe to store at room temperature shall bear the words "Keep Refrigerated".

(d) Products packaged and heat treated in a manner that makes the product safe to store at room temperature shall bear the words "Keep Refrigerated After Opening".

(e) No label shall contain false or misleading information.

(f) In the case of cheese manufactured from raw milk, the ingredient listing shall state "made from raw milk" .

(g) All labels shall be submitted to the commissioner for approval a minimum of thirty (30) days prior to use.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-132 Retail raw milk. Labeling

In addition to section 22-133-131 of the regulations of Connecticut State Agencies, retail raw milk labels shall comply with the following requirements:

(1) The name of the food "Raw Cow's Milk", "Raw Sheep Milk" or "Raw Goat's Milk", as is appropriate, shall be plainly labeled;

(2) The label shall contain the name, address and zip code of the producing farm;

(3) The label shall state the net amount of the contents.

(4) The consumer shall be informed of the risks involved with the consumption of raw or undercooked animal food by conspicuously labeling each container with the following advisory statement ƒRaw milk is not pasteurized, pasteurization destroys organisms that may be harmful to human health." The advisory statement shall be legible, in contrasting color from the label or contents and in type of no less one eighth (1/8) of an inch in height. The advisory statement shall be part of the label affixed to the container or printed on hangtags attached to the container;

(5) The last sale date shall be calculated by adding a maximum of (7) days to the date the milk is bottled; and

(6) Retail raw milk shall only be sold only in original containers.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-133-133 Materials incorporated by reference

The material incorporated by reference in sections 22-133-115 through 22-133-118 inclusive, 22-133-121 and 22-133-122, of the Regulations of Connecticut State Agencies, is available for public inspection and copying during business hours by contacting:

Connecticut Department of Agriculture

Bureau of Regulation and Inspection

165 Capitol Avenue

Hartford, CT 06106

History

• Adopted effective October 1, 2005

22-136 A Schedule of Fees for Various License Examinations, Laboratory Registrations, Permits and Laboratory Analysis

Regs., Conn. State Agencies § 22-136-1 Schedule of fees

Weighing, gaging, sampling or testing of milk or cream for butterfat or bacterial content license examination fees shall be as follows:

(1) Initial License Examination. The fee for the initial examination for each of the above categories or combinations pursuant to Section 22-136 C.G.S. is established at fifteen ($15.00) dollars and shall be paid at the time of application.

(2) License Renewals. All licenses are to be renewed in the month prior to their expiration. The license fee shall be twenty five ($25.00) dollars and shall be valid for five years from the date of renewal.

History

• Effective July 1, 1992

22-150 A Schedule of Fees for Various License Examinations, Laboratory Registrations, Permits and Laboratory Analysis

Regs., Conn. State Agencies § 22-150-1 Laboratory registration fee

Any person, firm or corporation operating or maintaining a laboratory in which any determination involving the weighing, sampling or testing of milk for butterfat is conducted shall be required to pay an annual registration fee of twenty five ($25.00) dollars. Registration is valid from July 1 to June 30, inclusive. Registrations must be renewed annually during the month of June.

History

• Effective July 1, 1992

22-162a Standards of Identity and Quality for Eggnog

Regs., Conn. State Agencies § 22-162a-1—22-162a-5 (Repealed)

Repealed October 1, 2005.

22-165 A Schedule of Fees for Various License Examinations, Laboratory Registrations, Permits and Laboratory Analysis

Regs., Conn. State Agencies § 22-165-1 Fee for bio-assays to determine vitamin and mineral content of milk and milk products

The Commissioner of Agriculture shall charge a dairy plant or milk dealer a fee of fifty ($50.00) dollars for each sample of milk or milk products collected from the dairy plant or milk dealer for the purpose of analysis of milk and milk products for vitamin and mineral content.

History

• Effective July 1, 1992

22-184a A Schedule of Fees for Various License Examinations, Laboratory Registrations, Permits and Laboratory Analysis

Regs., Conn. State Agencies § 22-184a-1 (Repealed)

Repealed November 9, 1999.

22-195 Standards and Criteria Concerning the Use of Polycarbonate Returnable Containers

Regs., Conn. State Agencies § 22-195-1—22-195-9 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-195-10—22-195-11 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-195-4—22-195-9 Reserved

Sec. 22-195-4—22-195-9. Reserved

Regs., Conn. State Agencies § 22-195-10 Grade A, ultra high temperature processed and aseptically packaged milk and milk products, goat milk and goat milk products

(a) Definitions.

(1) Ultra High Temperature Processed and Aseptically Packaged Milk and Milk Product means a product which is hermetically sealed in a container and thermally processed in conformance with the Code of Federal Regulations so as to render the product free of (a) microorganisms capable of reproducing in the product under normal unrefrigerated conditions of storage and distribution and (b) viable microorganisms which are significant to public health.

(2) The Code of Federal Regulations for purposes of these regulations means the Code of Federal Regulations, Title 21, Section 113, and item 16pc aseptic processing systems Grade-A, Pasteurized Milk Ordinance 1989, Revision U.S. Department of Health and Human Services Public Health Service Food and Drug Administration.

(3) Milk. For the purpose of this regulation the term milk or milk products shall mean milk or milk products processed from cow or goat milk as defined in Section 22-127 C.G.S.

(4) Commercial Sterility. Commercial sterility is the condition achieved by the application of heat which renders the milk free of microorganisms that either are capable of reproducing in the milk under normal non-refrigerated conditions of storage and distribution or are viable microorganisms (including spores) of public health significance.

(5) Equipment Sterilization. Equipment and containers used for UHT processing and aseptic packaging of milk shall be rendered commercially sterile by the application of heat, chemical sterilants or other appropriate equipment treatment that renders the containers and equipment free of viable microorganisms having public health significance, as well as microorganisms of non-health significance, capable of reproducing under non-refrigerated conditions of storage and distribution.

(6) Hermetically Sealed. Hermetically sealed container means a container that is designed and intended to be secure against the entry of microorganisms and thereby capable of maintaining the commercial sterility of its' contents after processing.

(b) Aseptic Milk Processors' Permit: Each processing facility supplying UHT processed and aseptically packaged milk for sale in Connecticut must obtain a permit issued by the Commissioner of Agriculture. Said permit shall be termed ‘Aseptic Milk Processor's Permit' and shall be valid for the period of July 1 to June 30th of the following year and must be renewed annually.

(c) Application for Permit.

(1) Each person, firm, corporation or cooperative who processes Grade-A UHT processed and aseptically packaged milk or milk products, in whole or in part, for sale or distribution within the State of Connecticut shall make application to the Commissioner on forms provided by him.

(2) Each application shall be accompanied with information as to projected sales volume, product types, names and addresses of distributors handling or selling the product within the state and all other information required by the Commissioner. Each processing plant supplying the milk must be identified by the firm's name and address. Each applicant shall agree to provide any additional information that the Commissioner deems necessary.

(d) Fees. An annual fee of two hundred and fifty dollars ($250.00) shall be paid the Commissioner of Agriculture for each Aseptic Milk Processors' Permit issued. Milk Dealer licensing fees, as provided for by Sections 22-235a, and 22-236 of Chapter 431 of the Connecticut General Statutes shall apply to all sales of aseptic milk and milk products sold or distributed in Connecticut.

(e) Criteria for Permit Approval. Each person, firm, corporation or cooperative who processes Grade A UHT processed and aseptically packaged milk and milk products for sale or distribution within the State of Connecticut must have a current Interstate Milk Shippers' Sanitation Compliance and Enforcement Rating of not less than ninety (90) for aseptic milk and be regularly inspected by a state Regulatory Agency for compliance with the applicable provisions of the Grade-A Pasteurized Milk Ordinance.

(f) Inspection.

(1) Any UHT processing and aseptically packaging facility granted a permit under the procedures of this section shall be exempt from routine inspections conducted by the Department of Agriculture. The Commissioner may require copies of the plant inspection report conducted by that state's regulatory authority be submitted to him at his request.

(2) Nothing contained herein precludes the right of the commissioner to conduct inspections of the processing facility or farms delivering milk to the plant, if such action is deemed necessary to protect public health and ensure a safe and wholesome product.

(g) Labeling. The label declaration for UHT processed and aseptically packaged milk and milk products must comply with the provisions of Section 22-133-106, Section 22-133-107, and Section 22-133-112 and all other applicable regulations as required by the Milk Regulation Board. For the purpose of this regulation, a pull or expiration date and the statement ‘Refrigerate After Opening' must appear on the top portion of the container. In addition, the terms ‘UHT Long Shelf Life,' ‘Grade A,' and ‘Homogenized' must appear on the information panel.

History

• Effective August 10, 1992

Regs., Conn. State Agencies § 22-195-11 Grade A, ultra-pasteurized milk and milk products, goat milk and goat milk products

(a) Definitions.

(1) Ultra-Pasteurization. Ultra-Pasteurized means a milk product which has been thermally processed at or above two hundred eighty degrees fahrenheit for two or more seconds, either before or after packaging, in order to produce a product which has an extended shelf life when refrigerated.

(2) Milk. For the purpose of this regulation the term milk or milk products shall mean milk or milk products processed from cow or goat milk as defined in Section 22-127 C.G.S.

(b) Ultra-Pasteurized Plant Permit. Each processing facility selling or whose product is sold or distributed in the State must obtain a Permit from the Commissioner. Said Permit shall be termed ‘Ultra-Pasteurization Plant Permit' and shall be valid for the period from July 1st to June 30th of the following year, and must be renewed during the month of June.

(c) Application for Permit.

(1) Each person, firm or corporation who processes Grade A ultra-pasteurized milk or milk products, in whole or in part, for sale or distribution within the State of Connecticut, shall make application to the Commissioner on forms provided by him.

(2) Each application must be accompanied with data relating to estimate of sales volume, and names and addresses of distributors handling or selling the milk product and all information required by the Commissioner. Each applicant shall agree to provide any additional information that the Commissioner deems neccessary.

(d) Fees. The annual fee for an Ultra-Pasteurized Plant Permit is established at two hundred and fifty dollars ($250.00) per licensing year and shall be valid from the period of July 1 through June 30 of the following year. Milk Dealer Licensing fees, as provided for by Sections 22-229, 22-235, and 22-236 of Chapter 431 of the Connecticut General Statutes shall apply to all sales of ultra-pasteurized milk and milk products sold or distributed in Connecticut.

(e) Criteria for Permit Approval. Each person, firm, or corporation who processes Grade A ultra-pasteurized milk or milk products for sale or distribution within the State of Connecticut must have a current Inter-State Milk Shippers' Sanitation and Enforcement Rating of not less than ninety (90) for Ultra-Pasteurized Milk and milk products and be regularly inspected by a State Regulatory Agency responsible for ensuring compliance with the applicable provisions of the Grade-A Pasteurized Milk Ordinance 1989, Revision U.S. Department of Health and Human Services Public Health Service Food and Drug Administration.

(f) Inspection.

(1) Any processing facility granted an Ultra-Pasteurized Plant Permit, as provided for by this section shall be exempt from routine inspection, as well as those farms comprising the milk supply dedicated to Ultra-Pasteurized Milk and Milk Products.

(2) Nothing contained herein precludes the right of the Commissioner to conduct inspections of the processing facility or farms delivering milk to the facility, or to suspend or revoke the processing plant's permit, if such action is necessary to protect public health.

(g) Labeling. The label declaration for ultra-pasteurized milk and milk products must comply with the provisions of Section 22-133-106, Section 22-133-107 and Section 22-133-112 and with all other applicable regulations as required by the Milk Regulation Board. For the purpose of this regulation the terms ‘Grade A,' ‘Ultra-Pasteurized' and ‘Homogenized' must appear on the information panel.

History

• Effective August 10, 1992

22-197b Dating of Milk Containers

Regs., Conn. State Agencies § 22-197b-1—22-197b-6 (Repealed)

Repealed October 1, 2005.

22-203c Testing of Milk—Milk Products for the Presence of Antibiotic Residues or Other Inhibitory Substances

Regs., Conn. State Agencies § 22-203c-1—22-203c-5 (Repealed)

Repealed October 1, 2005.

Regs., Conn. State Agencies § 22-203c-6 Drug residue or other inhibitor testing and reporting

For the purposes of sections 22-203c-7 to 22-203c-10 inclusive, of the Regulations of Connecticut State Agencies:

(1) "Intrastate dealer" means any person, firm, corporation, limited liability company or association who receives, pasteurizes, processes and bottles milk from one or more farms located within Connecticut and who sells or offers for sale milk or milk products, only within this state.

(2) "Interstate dealer" means any person, firm, corporation, limited liability company or association who receives, pasteurizes, processes and bottles milk from one or more farms, and who sells or offers for sale milk or milk products within and outside of this state.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-203c-7 Certified milk laboratories and milk screening laboratory, standards

(a) The following are incorporated by reference: Evaluation of Milk Laboratories, U.S. Department of Health and Human Services, Public Health Service/Food and Drug Administration, Pasteurized Milk Ordinance (PMO) as amended from time to time. The material incorporated by reference in this subsection is available for public inspection and copying during business hours by contacting:

Connecticut Department of Agriculture

Bureau of Regulation and Inspection

165 Capitol Avenue

Hartford, CT 06106

(b) The standards set forth in this section shall only apply to interstate dealers.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-203c-8 Intrastate dealers and retail raw milk producers. Testing of milk for the presence of drug residues or other inhibitory substances

(a) All retail raw milk producers and intrastate dealers with a herd of ten (10) or fewer milking aged animals shall keep records of the administration of any drug(s) including dry animal treatments, to milking age animals. Records shall be in a form and kept in a manner acceptable to the commissioner or the commissioner's designated agent. The record shall be kept on the premises for twelve (12) months and shall be available for inspection. The record shall include:

(1) The name of the drug(s);

(2) Date of the treatment;

(3) Name of person administering the treatment;

(4) The identification of the animal(s) treated;

(5) Milk withholding period;

(6) Date the milk was offered for sale after the withholding period has ended; and

(7) When the manufacturer of a drug does not provide directions for use or the withholding time or the drug is restricted to use by prescription only, the record shall also include the name of the prescribing veterinarian, the veterinarian's prescribed withholding time, any cautionary statements and the veterinarian's prescribed directions for use.

(b) All retail raw milk producers and intrastate dealers with a herd of more than ten (10) milking aged animals and intrastate dealers who receive milk from a farm or farms other than their own, shall comply with the following:

(1) Each tank of milk shall be tested before any unloading or processing has begun;

(2) The test used to detect the presence of drug residues or other inhibitory substances shall be approved by the commissioner and capable of detecting drug(s) or other inhibitory substance(s) at and above the tolerance levels established by the US Food and Drug Administration;

(3) Testing areas shall have adequate lighting, be clean and well ventilated;

(4) Records shall include the date of the test, name of person conducting the test, identification of the tank, bulk truck or trailer or the producer, results of the test, and the disposition of the milk. Records shall be in a format acceptable to the commissioner, shall be kept for twelve (12) months on the premises and shall be available for inspection;

(5) The commissioner shall be notified of any positive test result within four hours of the test. Notification of positive test results may be by telephone, facsimile or other means acceptable to the commissioner;

(6) All test materials and test instructions shall be kept in the testing area and shall be available for inspection; and

(7) All test equipment and supplies shall be properly stored according to the manufacturer's instructions.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-203c-9 Producers of milk for pasteurization. Testing of milk for the presence of drug residues or other inhibitory substances

Whenever the commissioner requires a producer to test for the presence of drug residues or other inhibitors the milk producer shall:

(1) Before offering for sale, test each bulk tank of milk or test each animal treated with a drug before milk from such animal is introduced into the bulk tank;

(2) Use a test approved by the commissioner that is capable of detecting the drug(s) or other inhibitory substances in use on the farm, at and above the tolerance levels established by the US Food and Drug Administration;

(3) Provide that testing areas shall have adequate lighting, be clean and well ventilated;

(4) Keep records of testing in ledger format, such records shall include the date of the test, name of the person testing the milk, identification of the tank being tested, test results and disposition of the milk;

(5) Keep test records for twelve months on the premises and available for inspection;

(6) Keep all test materials and test instructions in the testing area and available for inspection; and

(7) Properly store all test materials according to the manufacturer's instructions.

History

• Adopted effective October 1, 2005

Regs., Conn. State Agencies § 22-203c-10 Milk producer, intrastate dealer, interstate dealer, retail raw milk producer or retail raw milk cheese manufacturer. Drug residues or other inhibitory substances found

(a) Pursuant to subsection (c) of section 4-182 of the Connecticut General Statutes, the commissioner may suspend any license, permit or registration issued by the department to an intrastate dealer, interstate dealer, cheese manufacturer, retail raw milk producer or retail raw milk cheese manufacturer whose milk or milk product is found to contain drug residues or other inhibitors at or above the tolerance levels for drugs or other inhibitors established by the United States Food and Drug Administration. The suspension shall remain in effect until such time as the commissioner or the commissioner's designated agent determines that all cheese, milk or milk products, retail raw milk or retail raw milk cheese, produced, processed or offered for sale no longer contain drug residues or other inhibitors at or above the tolerance levels for drugs or other inhibitors established by the United States Food and Drug Administration. Before resumption of producing, processing or manufacturing of cheese, milk or milk products, retail raw milk or retail raw milk cheese, the intrastate dealer, interstate dealer, cheese manufacturer, retail raw milk producer or retail raw milk cheese manufacturer shall comply with the testing requirements found in sections 22-203c-7 or 22-203c-8(b) of the Regulations of Connecticut State Agencies.

(b) The confirmed presence of drug residues or other inhibitory substances at or above the tolerance levels for drugs or other inhibitors established by the United States Food and Drug Administration in cheese, milk or milk products, retail raw milk or retail raw milk cheese offered for sale to the final consumer shall be considered an imminent public health threat. The commissioner shall prevent the sale and cause to be destroyed all contaminated milk or milk product in accordance with section 22-129 and 22-129a of the Connecticut General Statutes. The intrastate dealer, interstate dealer, cheese manufacturer, retail raw milk producer or retail raw milk cheese manufacturer may be required to initiate a product recall. The intrastate dealer, interstate dealer, cheese manufacturer, retail raw milk producer or retail raw milk cheese manufacturer shall make available to the commissioner or the commissioner's designated agent the names and contact information of all known consumers, distributors and retail sales outlets.

(c) Pursuant to subsection (c) of section 4-182 of the Connecticut General Statutes, the commissioner may suspend any license, permit or registration issued by the department to a milk producer. The commissioner shall prevent the sale and cause to be destroyed all contaminated milk or milk product in accordance with section 22-129 and 22-129a of the Connecticut General Statutes. Before resumption of selling or offering for sale milk or milk product, commissioner may require compliance with section 22-203c-9 of the Regulations of Connecticut State Agencies.

History

• Adopted effective October 1, 2005

22-203h Standards for Bulk Milk Transport Tankers and the Transportation of Milk and Milk Products

Regs., Conn. State Agencies § 22-203h-1 Bulk milk pickup tanker. Standards

(a) The following are incorporated by reference: Section 5 and Appendix B of the Grade A Pasteurized Milk Ordinance (PMO), Recommendations of the United States Public Health Service/Food and Drug Administration, as amended from time to time. The material incorporated by reference in this subsection is available for public inspection and copying during business hours by contacting:

Connecticut Department of Agriculture

Bureau of Regulation and Inspection

165 Capitol Avenue

Hartford, CT 06106

(b) The commissioner or the commissioner's designated agent may inspect each permitted bulk milk pickup tanker annually. The inspection may take place at any location the tanker is found to be picking up milk, unloading milk, being washed or where the tanker is housed.

(c) After each inspection the commissioner or the commissioner's designated agent may affix a decal to each bulk milk pickup tanker found to be in compliance with this section. The decal shall indicate the month and year the inspection period expires. Those bulk milk pickup tankers that are not in compliance with this section may be issued a notice of non-compliance and may be required to submit proof of compliance to the commissioner within sixty (60) days from the date of the notice of non-compliance.

(d) Bulk milk pickup tankers housed outside this state that do not carry a valid inspection certificate from another state may be inspected by the commissioner or the commissioner's designated agent, provided that an inspection fee of ten (10) dollars is paid to the commissioner. Those out-of-state bulk milk pickup tankers found to be in compliance with this section may have a decal affixed to them which shall indicate the month and year the inspection period expires.

(e) Bulk milk pickup tankers housed outside this state that do not carry a valid inspection certificate from another state and whose owners or operators choose not to have such bulk milk pickup tankers inspected shall be issued a notice of noncompliance and shall be required to submit proof of compliance to the commissioner within sixty (60) days from the date of the notice of non-compliance.

(f) Those bulk milk pickup tankers for which proof of compliance has not been submitted to the commissioner pursuant to subsection (c) or (e) of this section shall be barred from transporting milk or milk products from or to any person, firm or company in this state.

(g) Whenever the commissioner or the commissioner's designated agent determines that a violation of this section may put the public health or safety at risk, or may allow contamination of the milk or milk products being transported, the commissioner or the commissioner's designated agent may order that immediate action be taken to abate such violation, including, but not limited to, prohibiting a bulk milk pickup tanker from transporting milk or milk products from or to any person, firm or company in this state until the violation is corrected. An inspection by the commissioner or the commissioner's designated agent or other proof of correction of the violation shall be required before transportation of milk or milk products resumes.

History

• Adopted effective November 1, 2005

Regs., Conn. State Agencies § 22-203h-2 Bulk milk pickup tanker. Reporting

(a) Annually in the month of April or upon acquisition of a new or replacement bulk milk pickup tanker, each person, firm or company located in this state which picks up or transports milk or milk products into or out of this state shall provide the commissioner an accounting of all such bulk milk pickup tankers transporting milk and milk products. Such accounting shall include the vehicle identification number (VIN), license plate number and state, owner assigned number, make, model, year and capacity of such bulk milk pickup tankers.

(b) Each person, firm or company operating a bulk milk pickup tanker within the state shall apply to the commissioner for a permit to operate such tanker. The application shall be upon forms provided by the department. The permit shall be in effect for one year from the date of application shall be renewed yearly.

History

• Adopted effective November 1, 2005

22-267 Licensing of Slaughterhouses and the Inspection of Meat and Meat Products

Regs., Conn. State Agencies § 22-267-1—22-267-16 (Repealed)

Repealed November 9, 1999.

22-277 Livestock Commission Sales

Regs., Conn. State Agencies § 22-277-1 Filing of bond

(a) The commissioner of agriculture may accept a bond or evidence of the filing of a bond made by any person, firm, or corporation licensed for the operation of a commission sale, pursuant to the bonding requirements of the U.S. Packers and Stockyards Act, 1921, as amended and any such person, firm or corporation presenting evidence shall be deemed to have complied with the bonding provisions of subsection (c) of section 22-277 of the General Statutes provided the amount of the bond equals or is greater than the amount required in subsection (c).

(b) If such bond does not satisfy the requirements of subsection (c) such bond shall be increased to an amount sufficient to fulfill the requirements of said subsection prior to issuance or renewal of a license for the operation of commission sales.

(c) Any person not required to file and maintain a bond under the provision of the U.S. Packers and Stockyards Act, 1921, as amended, is required to file and maintain a bond for the amount as set forth in subsection (c) of section 22-277 of the General Statutes in order to operate commissions sale.

(d) If any bond filed and maintained under subsection (c) of section 22-277 of the General Statutes is found to be inadequate by the commissioner, the commissioner upon notice to the licensee may require the bond to be increased to comply with such subsection. If any bond exceeds the required by such subsection, the commissioner may approve its reduction upon the licensee's request.

History

• Effective March 23, 1982

Regs., Conn. State Agencies § 22-277-2 Information re financing and personnel

(a) Any person, firm or corporation licensed to operate commission sales shall furnish annually and at such other times as the commissioner may designate or request verified financial statements and reports showing the number and value of livestock purchased or sold in Connecticut, including official identification of animals and the names and addresses or persons from whom livestock is purchased and to whom livestock is sold.

(b) Any person, firm or corporation licensed to operate commission sales shall annually furnish to the commissioner the names and addresses of all employees authorized to purchase livestock for such licensee.

History

• Effective March 23, 1982

Regs., Conn. State Agencies § 22-277-3 Revocation of license

(a) Refusal by any person, firm or corporation licensed to operate commission sales of a request by the commissioner or his agent for information required to be submitted under section 22-277 of the General Statutes or these regulations shall be cause for revocation of the license to operate commission sales. The submission of false information shall constitute cause for revocation of the license to operate commission sales.

History

• Effective March 23, 1982

22-278 Notification, Testing, Transportation and Importation Requirements for Captive Cervidae

Regs., Conn. State Agencies § 22-278-1 Definitions

The terms used in Sections 22-278-1 to 22-278-5, inclusive, shall have the following meaning:

(1) "Accredited Veterinarian" means a veterinarian approved by the Administrator of the United States Department of Agriculture (USDA), Animal & Plant Health Inspection Services (APHIS).

(2) "Bovine" means all cattle of the genus Bos.

(3) "Captive Cervid" means all species of deer, elk, moose and all other members of the family Cervidae including reindeer and caribou of the genus Rangifur raised or maintained in captivity for the production of meat and other agricultural products, for sport or for exhibition.

(4) "Captive Cervidae or Captive Cervids" means one or more "Captive Cervid".

(5) "Chronic Wasting Disease (CWD)" means a transmissible spongiform encephalopathy of cervidae.

(6) "Comparative Cervical Tuberculin (CCT) Test" means an intradermal injection of biologically balanced USDA bovine Purified Protein Derivative (PPD) tuberculin and avian PPD tuberculin at separate sites in the mid-cervical area of the animal to determine the probable presence of bovine tuberculosis (M. bovis) by comparing the response of the two tuberculins at 72 hours (plus or minus 6 hours) following the injection.

(7) "Designated Accredited Veterinarian" means an accredited veterinarian who is trained and approved by cooperative State and Federal animal health officials to conduct the single cervical tuberculin (SCT) test on captive cervids.

(8) "Herd" means a group of captive cervids, a group of other livestock, or a group of captive cervids and other livestock maintained at the same location, or two or more groups of captive cervids or captive cervids and other livestock under common ownership or supervision that are geographically separated but that have movement of animals between groups without regard to health status.

(9) "Federal Veterinary Medical Officer" means a veterinarian employed by USDA, APHIS.

(10) "Livestock" means "Livestock" as defined in Section 22-278 of the Connecticut General Statutes, for example, cattle, bison, swine, goats, sheep, llamas, alpacas, captive cervids, antelope and other hooved animals.

(11) "Single Cervical Tuberculin (SCT) Test" means the intradermal injection of 0.1 ml (5,000 tuberculin units) of USDA PPD bovis tuberculin in the mid-cervical area of the animal with reading by visual observation and palpation at 72 hours (plus or minus 6 hours) following the injection.

(12) "Source herd" means a herd in which the State Veterinarian or federal veterinary medical officer has determined that a captive cervid less than 60 months of age that was diagnosed as CWD positive was born.

(13) "Tuberculin" means a product that is approved by and produced under USDA license for injection into cervids and other animals for the purpose of detecting bovine tuberculosis.

(14) "Tuberculosis" means the contagious, infectious, and communicable disease caused by Mycobacterium bovis. (Also referred to as bovine tuberculosis.)

History

• Adopted effective September 12, 2001

Regs., Conn. State Agencies § 22-278-2 Notification of captive cervidae

(a) No person, firm or corporation shall possess captive cervidae for the purposes of raising, breeding, keeping or selling such captive cervidae for domestic or commercial use unless he has first notified the Commissioner of Agriculture upon forms prescribed by said Commissioner. Such notification shall be completed within sixty (60) days of the adoption of these regulations or the commencing of such operation, whichever is sooner.

(b) No captive cervid or group of cervidae may be transferred to or established on the same premises as a bovine herd.

History

• Adopted effective September 12, 2001

Regs., Conn. State Agencies § 22-278-3 Testing of captive cervidae

(a) All captive cervidae six (6) months of age and older in cervidae herds required to be registered under section 2 of these regulations shall be tested and have a negative result to a single cervical tuberculin test administered by a designated accredited veterinarian. Such test shall be administered within sixty (60) days of the adoption of these regulations or the commencing of such operation whichever is sooner. The owner or keeper of such herd through written application to the Commissioner of Agriculture may request an extension of time in which to complete such testing. The Commissioner may grant such request and determine a reasonable period of time.

(b) The result of such testing shall be reported to the Commissioner no later than the close of business on the next business day following the receipt of the results of such tests.

(c) If any captive cervid from a herd shows a positive reaction to such test, such herd shall be immediately quarantined.

(d) The owner of captive cervidae showing a positive reaction to the test prescribed in subsection (a) of this section may elect to have such animals slaughtered and necropsied in accordance with State and Federal requirements.

(e) Captive cervidae tested and having a positive result to the test prescribed in subsection (a) of this section which are not slaughtered pursuant to subsection (d) of this section shall be tested using the comparative cervical tuberculin test.

(f) Herds which are tested and have a negative result to a single cervical tuberculin test, or a comparative cervical tuberculin test as prescribed by subsection (e) of this section shall be eligible to receive permission for transportation or sale pursuant to section 4 of these regulations.

(g) All herds which fail to qualify for permission for transportation or sale under subsection (f) of this section shall remain quarantined until such time as such herd is declared to be in compliance with the requirements of these regulations by the commissioner pursuant to the testing criteria set forth in this section.

History

• Adopted effective September 12, 2001

Regs., Conn. State Agencies § 22-278-4 Transportation of captive cervidae

(a) No captive cervidae kept in Connecticut shall be transported on any public road, highway or byway within the State of Connecticut unless permission to transport is first obtained from the Commissioner of Agriculture prior to transportation.

(b) Permission to transport captive cervidae pursuant to subsection (a) of this section may only be issued if such cervidae are: (1) declared tuberculosis free pursuant to section 3 of these regulations; or (2) on their way to immediate slaughter, pursuant to subsection (d) of section 3 of these regulations.

History

• Adopted effective September 12, 2001

Regs., Conn. State Agencies § 22-278-5 (Repealed)

Repealed February 3, 2003.

Regs., Conn. State Agencies § 22-278-6 Importation prohibited

The importation of captive cervidae into Connecticut is prohibited.

History

• Adopted effective February 3, 2003

22-278-A Scrapie Eradication

Regs., Conn. State Agencies § 22-278-A1 Definitions

As used in this section and in sections 22-278-A2 to 22-278-A14, inclusive, of the Regulations of Connecticut State Agencies.

(1) "Animal" means a sheep or goat, including lambs and kids;

(2) "Animal and Plant Health Inspection Service (APHIS)" means the Animal and Plant Health Inspection Service of the United States Department of Agriculture;

(3) "Approved laboratory" means a laboratory approved by the state veterinarian and USDA to conduct scrapie testing;

(4) "Area veterinarian in charge (AVIC)" means the veterinary official of APHIS who is assigned by the administrator of APHIS to supervise and perform the official animal health work of APHIS in the state concerned;

(5) "Breed association and registries" means organizations that maintain the permanent records of ancestry or pedigrees of animals (including the animal's sire and dam), individual identification of animals, and ownership of animals;

(6) "CFR" means the United States Code of Federal Regulations;

(7) "Commingle" means animals grouped together and having physical contact with each other, including contact through a fence. Commingling includes, but is not limited to, sharing an enclosure, sharing the same section in a transportation unit where there is physical contact and residing in other flocks for breeding or other purposes;

(8) "Commissioner" means the Commissioner of Agriculture or the Commissioner's designated agent;

(9) "Dealer" means any person, firm or corporation who sells, offers for sale or arranges the sale of sheep or goats for another person, firm or corporation.

(10) "Department" means the Connecticut Department of Agriculture;

(11) "Designated scrapie epidemiologist (DSE)" means a state or federal veterinarian designated by USDA/APHIS and the state veterinarian to make decisions about the use and interpretation of diagnostic tests and field investigation data and the management of scrapie affected flocks;

(12) "Exposed animal" means: (1) Any animal that has been in the same flock at the same time as a scrapie-positive female animal, excluding limited contacts; or (2) any animal born in a flock after a scrapie-positive animal was born into that flock or lambed in that flock, if born before that flock completes the requirements of a flock plan; or (3) any animal that was commingled with a scrapie-positive female animal during or up to 30 days after she lambed, kidded, or aborted, or while a visible vaginal discharge was present, or that was commingled with any other scrapie-positive female animal for 24 hours or more, including during activities such as shows and sales or while in marketing channels; or (4) any animal in a noncompliant flock;

(13) "Exposed flock" means any flock in which a scrapie-positive animal was born or lambed or any flock that currently contains a female high-risk, exposed, or suspect animal, or that once contained a female high-risk, exposed, or suspect animal that lambed in the flock and from which tissues were not submitted for official testing and found negative. A flock that has successfully completed a post-exposure management and monitoring plan following the exposure shall not be considered an exposed flock;

(14) "Flock" means all animals that are maintained on a single premise and all animals under common ownership or supervision on two or more premises with animal interchange between the premises. Changes in ownership of part or all of a flock do not change the identity of the flock or the regulatory requirements applicable to the flock. Animals maintained temporarily on a premise for activities such as shows and sales or while in marketing channels shall not be considered a flock;

(15) "Flock identification" means a unique number assigned to a premise. The flock identification number is associated with an address or legal land description;

(16) "Flock of origin" means the flock in which an animal most recently resided in which it either was born, gave birth, or was used for breeding purposes. The determination of an animal's flock of origin may be based either on the physical presence of the animal in the flock, the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evidence, such as registry records;

(17) "Flock plan" means a written flock management agreement approved by the state veterinarian, signed by an accredited veterinarian and the flock owner or a representative of the flock owner who can bind the flock owner to the agreement;

(18) "High-risk animal" means a sexually intact animal, excluding male sheep that have tested RR at codon 171 and AA at codon 136 using an official genotype test, that is: (1) The progeny of a scrapie-positive dam; or (2) born in the same flock during the same lambing season as progeny of a scrapie-positive dam, unless the progeny of the scrapie-positive dam are from separate contemporary lambing groups; or (3) born in the same flock during the same lambing season that a scrapie-positive animal was born, or during any subsequent lambing season, if born before that flock completes the requirements of a flock plan; or (4) an exposed female sheep that has not tested QR, HR, or RR at codon 171 using an official genotype test;

(19) "Infected flock" means the flock of origin of a female animal that the state veterinarian or APHIS representative has determined to be a scrapie-positive animal; or any flock in which a state veterinarian or APHIS representative has determined that a scrapie-positive female animal has resided unless an epidemiologic investigation conducted by the state veterinarian or APHIS representative shows that the animal did not lamb or abort in the flock. A flock will no longer be considered an infected flock after it has successfully completed the requirements of a flock plan;

(20) "Limited contact" means incidental contact between animals from different flocks off the flock's premises such as at fairs, shows, exhibitions and sales; between ewes being inseminated, flushed, or implanted, or between rams at ram test or collection stations. Limited contact does not include any contact, incidental or otherwise, with animals in the same flock or with an animal during or up to 30 days after she lambed, kidded or aborted or when there is visible vaginal discharge;

(21) "Official certificate of veterinary inspection" means an official document issued by an USDA/APHIS representative, state animal health official, or an accredited veterinarian at the point of origin of an interstate movement of animals;

(22) "Official identification" means an identification number issued by USDA or a state animal health authority, that complies with a numbering system approved by the USDA, and a tag, mark or device approved by the USDA for use in identifying individual sheep and goats;

(23) "Owner" means a person, partnership, company, corporation, or any other legal entity who has legal or rightful title to animals;

(24) "Permit" means an official document issued in connection with the movement of animals that is issued by a state animal health official;

(25) "Premise" means each geographically distinct place or location where sheep or goats are housed, maintained, congregated or kept;

(26) "Premise identification" means a unique number assigned to a premise using a system approved by the USDA. The premise identification number is associated with an address or legal land description;

(27) "Scrapie" means a non-febrile, transmissible, insidious, degenerative disease affecting the central nervous system, and is a transmissible spongiform encephalopathy (TSE) found in sheep and goats;

(28) "Scrapie eradication program" means the cooperative state-federal program administered by USDA/APHIS and States to control and eradicate scrapie;

(29) "Scrapie flock certification program (SFCP)" means the cooperative federal-state-sheep and goat industry program for the control of scrapie;

(30) "Scrapie-positive animal" means an animal for which a diagnosis of scrapie has been made by the National Veterinary Services Laboratories or other approved laboratory;

(31) "Source flock" means a flock in which the state veterinarian or APHIS representative has determined that at least one animal was born that was diagnosed as a scrapie-positive animal at an age of 72 months or less. A flock shall not be considered a source flock after it has successfully completed the requirements of a flock plan;

(32) "Suspect animal" means an animal that is: (1) A sheep or goat that exhibits any clinical signs of scrapie and that has been determined to be suspicious for scrapie by a veterinarian or the state veterinarian or APHIS representative; (2) a sheep or goat that has tested positive for scrapie or for the proteinase resistant protein associated with scrapie on a live-animal screening test or any other test, unless the animal is designated a scrapie-positive animal; or (3) a sheep or goat that has tested inconclusive or suggestive on an official test for scrapie;

(33) "State Scrapie Board" means a certification board consisting of a state animal health official(s), a USDA representative(s) and sheep and goat industry representatives established for the purpose of oversight of the Scrapie Flock Certification Program, including making decisions to admit flocks to the Scrapie Flock Certification Program and to change flock status in accordance with the Scrapie Flock Certification Program standards;

(34) "State veterinarian" means the Connecticut state veterinarian;

(35) "Trace" means all actions required to identify a flock of origin or destination.

(36) "USDA" means the United States Department of Agriculture;

(37) "USDA/APHIS" and "USDA/APHIS/VS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services; and

(38) "Veterinarian" means a licensed and accredited veterinarian approved by a state animal health authority to practice in their state.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A2 Importation of sheep and goats

(a) All goats and sheep imported into this state shall be identified with an official identification number.

(b) A permit to import sheep or goats shall be obtained from the department prior to transporting such sheep or goats into this state.

(c) All goats and sheep imported into this state shall be accompanied with a certificate of veterinary inspection or official health certificate which states the animals are in good health, not showing signs of infectious, contagious or communicable diseases, and have not been exposed to scrapie.

(d) This section shall not apply to sheep or goats being transported through this state to another state without stopping, or sheep or goats designated for immediate slaughter, provided sheep or goats designated for immediate slaughter are not resold or offered for re-sale live. Sheep or goats imported into this state and designated for immediate slaughter shall be accompanied by an invoice or bill of sale that shows the name of the consignee, consignor, place of origin and destination.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A3 Reporting of suspected scrapie infection

Any veterinarian, flock owner or a flock owner's agent who observes any animal or animals exhibiting the clinical signs of scrapie such as behavioral changes, tremor of the head and neck, excessive rubbing, loss of coordination, weight loss despite retention of appetite, biting of feet and limbs, or otherwise has reason to suspect an animal or animals may be infected with scrapie or may have been exposed to scrapie, shall immediately report such information to the state veterinarian. All laboratories conducting tests for the presence of scrapie in sheep or goats located in this state shall report such scrapie test results within twenty four (24) hours to the state veterinarian.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A4 Sale and movement of sheep and goats, animal identification

(a) Whenever a sheep or goat changes ownership or is moved from one premise to another, each such sheep or goat shall be identified with an official identification number. Owners of flocks of origin shall maintain records on each animal in the flock. Sheep and goats that have been previously tagged with an official animal identification number may be retagged, provided all official identification numbers are recorded in the animal's permanent record or pedigree maintained by a breed association or breed registry.

(b) Whenever an animal is assigned and tagged with an official identification number the owner or the owner's agent shall maintain a record of identification for sixty (60) months. Such record shall be available for inspection and copying by the department. The record shall record the disposition of each animal (i.e. moved, sold, died, slaughtered for home use) and shall include the following information:

(1) All identification including official identification assigned to each animal;

(2) Species, sire, dam, date of birth or age, breed and sex of each animal;

(3) Name, address and phone number of the person assuming ownership of an animal;

(4) If an animal is purchased, the date purchased and the previous owner's name, address and phone number;

(5) If the animal died, the date of the death, reason for the death, disposal method and location; and

(6) When an animal is moved, the date of movement and the location the animal was moved to.

(c) Veterinarians who apply official identification numbers that are not assigned to the owner of the animal shall maintain records of identification and tagging. Veterinarians shall maintain the records for sixty (60) months and shall forward a copy of the records to the department upon request. Such records shall include the following:

(1) The date;

(2) The number of sheep and goats tagged;

(3) The identification numbers applied;

(4) Species, date of birth or age, breed and sex of each animal; and

(5) The name, address and phone number of the owner of the flock of origin and the name, address and phone number of the current owner of the flock, if different.

(d) Commission sale stables and dealers shall identify all sheep and goats not bearing an official identification number with an official identification number prior to sale or being offered for sale. Animals originating from out of this state which are not accompanied by an official certificate of veterinary inspection, health certificate or an official Connecticut identification number shall be segregated and shall be identified and tagged, and sold only for immediate slaughter. Commission sale stables and dealers shall keep a record of the sales of all sheep and goats. Such records shall be maintained for sixty (60) months and shall be available for inspection and copying by the department. The records shall include the following:

(1) The date of sale/purchase;

(2) Species, date of birth or age, breed and sex of each animal;

(3) The name and address of the consignee and the all official identification numbers on the consignee animal(s) and all official identification number(s) applied to the animal by commission sale stable or dealer;

(4) The name and address of each person, firm, company, or corporation who purchases a sheep or goat and all official identification numbers on the purchased animal(s); and

(5) A copy of the certificate of veterinary inspection or official health certificate, if the animal originated from outside of this state or does not bear an official Connecticut identification number and was not sold for immediate slaughter.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A5 Official identification, loss, damage or tampering

No person shall remove or tamper with any official identification device. Official identification devices that are lost or damaged or are no longer functional may be replaced, provided all possible flocks of origin are listed in the record associated with the new identification.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A6 Movement of scrapie infected or suspected scrapie infected animals

No scrapie infected or suspect scrapie infected animal shall be moved in this state, including direct movement to slaughter, without written permission from the state veterinarian.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A7 Scrapie infected flocks

(a) Any scrapie infected flock shall be quarantined for a period of not less than five (5) years after the last high risk animal is removed from the flock, or until all sheep and goats in the flock are depopulated, whichever is sooner. Premises where a scrapie infected flock was depopulated shall remain free of sheep or goats for one

(1) year after depopulation and the areas where animals were raised shall be cleaned and disinfected.

(b) In addition to subsection (a) of this section, a scrapie infected flock shall complete the following to the satisfaction of the state veterinarian:

(1) All sheep and goats are identified and inventoried as to sex, age, breed and species;

(2) The epidemiological tracing is completed as to the origins of animals and the destination of animals moved from the flock;

(3) All animals that are classified as high risk by the state veterinarian are slaughtered, depopulated or sent to a research facility acceptable to the state veterinarian; and

(4) The flock owner or flock owner's agent has developed and implemented a post exposure flock plan approved by the state veterinarian. The post exposure flock plan shall be in effect for five (5) years and shall comply with section 22-278-A10 of the Regulations of Connecticut State Agencies. Cleaning and disinfection of scrapie infected premises shall be part of the flock plan.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A8 Source and trace flocks

All flocks designated as scrapie source or trace flocks shall be placed under quarantine until the following is completed to the satisfaction of the state veterinarian:

(1) All sheep and goats must be identified and inventoried as to sex, age, breed and species;

(2) The epidemiological tracing is completed as to the origins of the animals and the destinations of animals moved from the flocks;

(3) All animals that are classified as high risk by the state veterinarian are slaughtered, depopulated or sent to a research facility acceptable to the state veterinarian; and

(4) The flock owner or flock owner's agent has developed and implemented a post exposure flock plan approved by the state veterinarian. The post exposure flock plan shall be in effect for five (5) years and shall comply with section 22-278-A10 of the Regulations of Connecticut State Agencies.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A9 Exposed flocks

Owners of exposed animals shall develop and complete a flock plan that complies with section 22-278-A10 of the Regulations of Connecticut State Agencies.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A10 Flock plans

(a) Flock plans shall be developed using the USDA/APHIS Scrapie Eradication Uniform Methods and Rules. At a minimum, the flock plan shall include the terms set forth herein. All animals shall be identified with an official animal identification number. No animal shall be sold from the flock for breeding purposes. Only wether lambs or cull animals going directly to slaughter may be sold from the flock. All animals that die for any reason shall be examined by a veterinarian, or the state or federal veterinarian who shall determine the cause of death and submit the appropriate samples to the National Veterinary Services Laboratory, or another approved laboratory, for scrapie diagnosis. Inventories shall be kept of the flock to be reviewed by the state veterinarian.

(b) The state veterinarian may include any reasonable measures deemed necessary in the flock plan to prevent and eliminate scrapie, including, but not limited to, mandatory enrollment in the Scrapie Flock Certification Program.

(c) The state veterinarian may inspect such flocks and flock records to determine compliance with the flock plan.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A11 Testing of flocks

The state veterinarian may obtain any samples of tissue deemed necessary to determine the scrapie status of any flock. Such samples may be submitted to an approved laboratory for analysis. All animals from infected, source or trace flocks shall be tested using a validated and approved "live animal" test. Positive test animals shall be designated high risk animals.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A12 Scrapie flock certification program

Any person, firm, company, corporation or any entity owning sheep or goats may enroll in the Scrapie Flock Certification Program. Application for enrollment shall be on forms provided by the department. Each participant in the Scrapie Flock Certification Program shall agree in writing to adhere to the USDA Scrapie Eradication Uniform Methods and Rules.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A13 Exhibition, identification and health requirements

(a) All sheep or goats exhibited at fairs, shows, petting zoos, exhibitions or other places where sheep or goats from different flocks are present shall be identified with an official identification number.

(b) Sheep or goats that are within thirty (30) days of parturition, or that are postpartum, have aborted, or are pregnant and have a vaginal discharge shall not be exhibited. Should a lambing or kidding occur at a show, fair, petting zoo or exhibit the dam and her offspring shall be removed from the show grounds.

(c) All sheep or goats exhibited at fairs, shows, petting zoos, exhibitions or other places where sheep and goats from different flocks are present shall be accompanied by a health certificate or certificate of veterinary inspection which states the animals are in good health, not showing signs of infectious, contagious or communicable diseases, and have not been exposed to scrapie.

(d) Sheep or goats which are enrolled in the Scrapie Flock Certification Program and are exhibited at fairs, shows, petting zoos, exhibitions or other places where sheep or goats from different flocks are present shall be housed such that a solid partition or sufficient space prevents contact between animals enrolled in the Scrapie Flock Certification Program from animals not enrolled in the Scrapie Flock Certification Program.

History

• Adopted effective September 5, 2007

Regs., Conn. State Agencies § 22-278-A14 Sanitation

Fairs, shows, exhibitions, petting zoos, auctions, commission sales stables or other places where sheep or goats are congregated shall keep all pens, show rings and all areas the animals have in common clean and free of litter. Should a lambing or kidding occur at a show, petting zoo, fair or other exhibition, the placenta, placental fluids, and soiled bedding shall be removed and disposed of immediately. Fecal matter, bedding, unconsumed feed, bodily discharges, body tissues, fluids and other contaminated debris shall be held in leak resistant, covered containers and disposed of in a sanitary landfill or by other means acceptable to the state veterinarian.

History

• Adopted effective September 5, 2007

22-280 Uniform Fee Schedule for Cattle and Goat Tests

Regs., Conn. State Agencies § 22-280-1 Uniform fee schedule for cattle and goat tests

All tuberculin tests, blood tests and calfhood vaccinations required by the Department of Agriculture shall be conducted in accordance with the Uniform Methods and Rules, United States Department of Agriculture Animal and Plant Health Inspection Service.

(a) All payments for required state testing shall be according to this schedule:

(1) Tuberculin Tests

Ten Dollars ($10.00) for each herd-call.

Seventy-five cents ($.75) for each animal tested.

(2) Blood Testing

Ten Dollars ($10.00) for each herd-call.

Seventy-five cents ($.75) for each animal tested.

(3) Calfhood Vaccination

Ten Dollars ($10.00) for each herd-call.

One Dollar and fifty cents ($1.50) for each animal tested.

(A) Any combination of the above tests performed on a visit to a farm shall entitle the veterinarian assigned to but one herd-call fee for the visit but shall be entitled to a fee for each test performed on each animal per the schedule above. Veterinarian shall receive payment for only one herd-call during any 24 hour period, and no payment will be made for herd-calls in excess of four (4) calls per farm, per year without prior written approval of the State Veterinarian.

(b) No veterinarian shall receive payment unless such veterinarian is qualified as set out in Sec. 22-280 of the Connecticut General Statutes, and the assignment for testing has been ordered and approved by the State Veterinarian.

(c) Assignments will be made on a herd-call basis unless the State Veterinarian deigns otherwise, however, in no event shall a veterinarian receive payment for more than four (4) herd-calls at the same farm during any State of Connecticut fiscal year, July 1 through June 30.

(d) A herd-call is defined as a visit to a farm for testing all or a portion of that farm's animal (cattle or goat) population.

(e) Herds requiring testing for purposes of show, sale or export will not be assigned to private veterinarians.

History

• Effective November 10, 1980

22-284a Contagious Diseases of Equines

Regs., Conn. State Agencies § 22-284a-1—22-284a-5 (Repealed)

Repealed November 9, 1999.

22-299 Establishment and Maintenance of Modified Certified Brucellosis-Free Areas in Connecticut

Regs., Conn. State Agencies § 22-299-1—22-299-16 (Repealed)

Repealed November 9, 1999.

Commissioner of Agriculture and Natural Resources Commissioner of Agriculture and Natural Resources

22-308 Importation of Cattle Into Connecticut

Regs., Conn. State Agencies § 22-308-1 Imported cattle to be from tuberculosis-free herds or areas

All bovine animals, except cattle for immediate slaughter as provided by section 22-308 of the general statutes, imported into the state from any point outside thereof shall come direct from (1) tuberculosis-free accredited herds or (2) qualified negative herds from modified accredited tuberculosis-free areas.

Regs., Conn. State Agencies § 22-308-2 Tuberculin test required

If such herds have not passed a negative tuberculin test within twelve months prior to entry, the cattle from these herds to be imported into the state shall be tuberculin tested within thirty days prior to entry.

Regs., Conn. State Agencies § 22-308-3 Animals from infected herd

Animals which originate in a herd in which infection is disclosed are not eligible for entry unless such herd has passed three consecutive tests at least sixty days apart.

Regs., Conn. State Agencies § 22-308-4 Purpose of regulations

Sections 22-308-1 to 22-308-3, inclusive, were issued for the sole purpose of protecting the healthy dairy herds, of preventing diseased animals from entering the state and of protecting the health of the public.

Department of Agriculture Department of Agriculture

22-319 Control of Diseases in Swine

Regs., Conn. State Agencies § 22-319-1 Importation. Quarantine

All imported animals shall be reported to the commissioner of agriculture within forty-eight hours after arrival and shall remain in quarantine on the consignee's premises until released by the commissioner or his deputy.

History

• Effective October 11, 1978

Regs., Conn. State Agencies § 22-319-2 Condemnation of diseased animals

All swine exhibiting symptoms of a contagious disease and indicating to the veterinarian that treatment would be of no avail shall be condemned and the carcasses disposed of so to prevent spread of the disease.

History

• Effective October 11, 1978

Regs., Conn. State Agencies § 22-319-3 (Repealed)

Repealed October 11, 1978.

Regs., Conn. State Agencies § 22-319-4 Platforms for feeding

In order that unsanitary conditions dangerous to the health of swine be avoided, swine shall not be fed on the ground. Feeding platforms or troughs shall be used and shall be cleaned before each feeding. Platforms shall be concrete in type or of other impervious material.

History

• Effective October 11, 1978

Regs., Conn. State Agencies § 22-319-5 Premises to be free of trash

Premises whereon swine are maintained shall be kept free of bones, cans, papers, glass and other trash, and these shall be stored in containers until removed from the premises.

History

• Effective October 11, 1978

Regs., Conn. State Agencies § 22-319-6 Rodent and insect control

Operators of premises where swine are maintained shall maintain an acceptable program of rodent and insect control.

History

• Effective October 11, 1978

Regs., Conn. State Agencies § 22-319-7 Disposal of solid wastes

Operators of premises feeding swine shall see that all solid wastes such as residual garbage and manure removed from pens, feeding platforms and buildings shall be disposed of in a sanitary manner. Acceptable methods of disposal include: (1) Burial or landfill; (2) compost; (3) cesspool; (4) spread on land and plowed under.

History

• Effective October 11, 1978

Regs., Conn. State Agencies § 22-319-8 Disposal of liquid wastes

All operators of premises feeding swine shall dispose of liquid wastes in such a way as to avoid polluting receiving waters. If such wastes are disposed of on land, such disposition shall be of a nature that does not constitute an animal health hazard on the farm.

History

• Effective October 11, 1978

Regs., Conn. State Agencies § 22-319-9 Construction of shelters and feeding areas

Operators of premises feeding swine shall so construct shelters and feeding areas that sanitary management can be maintained of the swine maintained on such premises.

History

• Effective October 11, 1978

Regs., Conn. State Agencies § 22-319-10 Testing swine for contagious and infectious diseases

(a) Any person, firm or corporation engaged in the growing of swine which are to be used or disposed of elsewhere than on the premises where such swine are grown, shall have all breeding swine tested when and for any disease the Commissioner of Agriculture orders. These tests shall be conducted under the Uniform Methods and Rules of the United States Department of Agriculture, Animal and Plant Health Inspection Service when applicable.

(b) Such testing shall be performed by an accredited veterinarian, a veterinarian employed by the United States Department of Agriculture or the State of Connecticut or a technician employed by the livestock division of the Connecticut Department of Agriculture under supervision of the state veterinarian.

(c) The owner of any herd or animal to be so tested shall provide assistance and proper restraint for confining the animals for and during the application and diagnosis of said test.

(d) Reactor or positive swine must be sold for slaughter and removed from the premises under State or Federal permit within 15 days of the date of identification. Movement for immediate slaughter must be to a slaughtering establishment where State or Federal inspection is maintained.

History

• Effective October 8, 1985

Commissioner of Agriculture and Natural Resources Commissioner of Agriculture and Natural Resources

22-320f Treating of Garbage Fed to Swine

Regs., Conn. State Agencies § 22-320f-1 Heating of raw garbage

Before being fed to swine, all raw garbage shall be heated throughout to the boiling point, or an equivalent temperature, for thirty minutes within twenty-four hours of its receipt on the premises where it is kept and cooked.

(See 1961 Supp. § 22-320a et seq.; Reg. 19-13-B79 (d).)

Regs., Conn. State Agencies § 22-320f-2 Heat-treating area to be separate from swine

The heat-treating area shall be separate from the swine. Swine shall not have access to raw garbage.

Regs., Conn. State Agencies § 22-320f-3 Amount of equipment required

To prevent accumulation of raw garbage with resulting possible dissemination of disease among swine, premises where garbage is kept and heat-treated using live steam or similar means of rapid heat treatment shall have enough equipment to heat-treat all garbage within twenty-four hours of its receipt on the premises. On premises where direct-fire-type of heat treatment is employed, the operator should have enough equipment to heat all the garbage at one time that is received during a twenty-four hour period.

Regs., Conn. State Agencies § 22-320f-4 Location of equipment

Heat-treating equipment shall be so located that varying weather conditions are not a deterrent to operation of the equipment.

Regs., Conn. State Agencies § 22-320f-5 Loading of containers

Vats or containers holding garbage for heat-treating purposes shall never be loaded so as to permit the contents to boil over.

Regs., Conn. State Agencies § 22-320f-6 Covers of containers

Covers of heating vats or containers shall be made of solid material, shall be tight and shall be so constructed that the water of condensation will return to the garbage rather than escape.

Regs., Conn. State Agencies § 22-320f-7 Thermometer required

Each operator shall have at least one functioning thermometer capable of registering at least 212°F. and suitable for measuring the temperature of the garbage being heat-treated.

Regs., Conn. State Agencies § 22-320f-8 Facilities to determine temperature and inspect garbage

The operator shall provide suitable facilities adjacent to the truck, vat or container to facilitate the safe determination of temperature and the inspection of the garbage being heat-treated.

Regs., Conn. State Agencies § 22-320f-9 Heating fuel supplies

Available supplies of heating fuel on hand at all times should be sufficient for the operation of heating equipment for a period of time comparable to that time the equipment is used over a three-day period.

Regs., Conn. State Agencies § 22-320f-10 Containers for carrying garbage to be leakprof and covered

In order that raw garbage during transit and after reaching the premises where it is kept and heat-treated remain unexposed to animal sources, all trucks or containers used to carry raw garbage shall be leakproof and covered.

Regs., Conn. State Agencies § 22-320f-11 Utensils for handling raw and heat-treated garbage

Shovels, forks and other utensils or equipment used to handle raw garbage shall be cleaned before being used to handle heat-treated garbage, or separate equipment shall be used.

Regs., Conn. State Agencies § 22-320f-12 Removal of dead animals

For the prevention of the spread of disease among swine on premises where garbage is kept and heat-treated, dead animals shall be removed as soon as possible and shall be kept in covered, rat-proof containers until removed from the premises.

Department of Agriculture Department of Agriculture

22-323a Intensive Poultry Farming

Regs., Conn. State Agencies § 22-323a-1 Definitions

"Commissioner" means the commissioner of agriculture or his authorized agent.

"Department" means department of agriculture.

"Poultry" means all domesticated fowl.

"Premises" means that portion of a tract of land with the building thereon or a part of a building with its grounds or other appurtenances which is used for intensive poultry farming.

"Waste management system" means any structure, facility, or equipment for the storage, treatment, or disposal of waste products from an intensive poultry farm, and includes the methods of operation of such systems.

History

• Effective April 27, 1982

Regs., Conn. State Agencies § 22-323a-2 All intensive poultry farming operations shall meet the following minimum acceptable management practices:

(a) Premises upon which intensive poultry farms are located shall be kept free from accumulations of garbage, rubbish, vegetative growth or any other material which because of its character, condition, or improper storage constitutes or may become a breeding place or favorable habitat for flies or vermin, or may cause a threat to the environment or public health, or constitute a public nuisance.

(b) The premises on which intensive poultry farms are operated shall be maintained in such a manner as to minimize soil erosion and sedimentation of water courses.

(c) The area around buildings must be sloped to promote rapid runoff of surface water and prevent puddles and wet areas from forming.

(d) No structure housing poultry, farm wastes, or farm equipment used for intensive poultry farming shall be constructed or maintained so as to allow water or waste to move in or out of the structure when such a condition constitutes or may constitute a threat to the environment or public health, or constitute a public nuisance.

History

• Effective April 27, 1982

Regs., Conn. State Agencies § 22-323a-3 Water quality

Waste management systems including but not limited to lagoons and subsurface disposal systems shall be properly constructed, operated and maintained so as not to create a threat to the environment or public health, or constitute a public nuisance.

History

• Effective April 27, 1982

Regs., Conn. State Agencies § 22-323a-4 Disposal of waste eggs

Waste eggs shall be stored and disposed of in a manner so as not to create a threat to the environment or public health, or constitute a public nuisance.

History

• Effective April 27, 1982

Regs., Conn. State Agencies § 22-323a-5 Fly control

Intensive poultry farms shall be operated and maintained so as not to be a breeding place for excessive fly populations. Excessive fly populations shall be determined by the commissioner by examining fly specs on white cards within the poultry house or by examining the manure for larva or other appropriate methods. Acceptable readings shall be determined by the commissioner with the advice and assistance of the state entomologist.

History

• Effective April 27, 1982

Regs., Conn. State Agencies § 22-323a-6 Manure management

(a) Manure shall be stored, managed, and disposed of in a manner which will minimize and control the breeding of flies and vermin, minimize and control offensive odors, and not create a threat to the environment or public health, or constitute a public nuisance.

(b) Manure transported over public highways on farm vehicles shall be in leak proof containers, spreaders, or vehicles. Manure transported in other than farm vehicles shall be in leak proof containers and be covered if necessary to prevent debris from blowing or falling out of the transporting vehicle.

(c) Any manure spilled on public roads or dumped on any property other than that on which the intensive poultry farm is located, without the owner's permission, shall be removed immediately by the vehicle owner or operator.

History

• Effective April 27, 1982

22-323b Inspection of Intensive Poultry Operations

Regs., Conn. State Agencies § 22-323b-1 Notification of inspection

Before an inspector proceeds with an inspection, the farm owner shall be sought out to accompany the inspector. If the farm owner is not available, his designee may accompany the inspector on the complete inspection of the intensive poultry farm.

History

• Effective October 8, 1985

Regs., Conn. State Agencies § 22-323b-2 Disease precautions

No inspector shall enter any pen or building on any intensive poultry farm without first changing his outer clothing and sanitizing his boots. In addition, an inspector shall, at a minimum, meet the sanitary standards required of employees of the intensive poultry farm being inspected, except that an inspector may conduct multiple inspections on any given day.

History

• Effective October 8, 1985

Regs., Conn. State Agencies § 22-323b-3 Emergency disease control

The State Veterinarian may stop all regular inspections of intensive poultry farms if he has reason to believe that the poultry industry is threatened by a contagious or transmissable disease.

History

• Effective October 8, 1985

Regs., Conn. State Agencies § 22-323b-4 Inspection complete

The inspector, upon completion of his inspection of an intensive poultry farm, shall leave a signed and dated copy of his inspection report with the farm owner or his designee, sanitize his boots and remove any outer clothing and place them in a plastic bag.

History

• Effective October 8, 1985

22-324 Control of Avian Disease

Regs., Conn. State Agencies § 22-324-1 Definitions

Clinical evidence. Evidence, such as decreased feed and water consumption, depression, unusual movements or position, increased mortality, hemorrhage beneath the skin on the lower legs and feet, severe decrease in egg production; post-mortum lesion; and history of the disease occurrence in the flock.

Commissioner. The Commissioner of Agriculture or his duly authorized representative.

Director of the Task Force. The Commissioner or Department of Agriculture official designated by the Commissioner to supervise and perform the disease control and eradication work of the Task Force.

Exposed poultry. Poultry which through the movement of poultry, individuals, feed, or other vectors has been determined by a Federal or State inspector to have had contact, directly or indirectly, with highly pathogenic avian influenza.

State inspector. An inspector of the Department of Agriculture, Department of Consumer Protection, or Department of Environmental Protection responsible for the performance of the function involved.

Federal inspector. An inspector of the Animal and Plant Health Inspection Service, the Agricultural Marketing Service, or the Food Safety and Inspection Service, United States Department of Agriculture, responsible for the performance of the function involved.

Highly pathogenic avian influenza. A disease of poultry caused by any influenza virus Type A that results in not less than 75 percent mortality within eight days in at least eight healthy susceptible chickens, 4-8 weeks old, inoculated by the intramuscular, intravenous, or caudal airsac route with bacteria-free infectious allantoic or cell culture fluids and using standard laboratory operating procedures to assure specificity

Infected poultry. Poultry determined by the Director of the Task Force, in such person's judgment, as being infected with highly pathogenic avian influenza on the basis of clinical evidence, epidemiological evidence,1 or diagnostic tests.2

Movement. Shipped, transported, delivered or received for movement by any person.

Permit. Pursuant to this section of these regulations, an official document issued by a State or Federal inspector for movement of a restricted article.

Person. Any individual, partnership, corporation, association, joint venture or any other legal entity.

Poultry. Chickens, ducks, geese, swans, turkeys, pigeons, doves, pheasants, grouse, partridges, quail, guinea fowl, and pea fowl.

Task Force. Special force of Federal and/or State personnel designated by the Commissioner to control and eradicate highly pathogenic avian influenza.

Veterinary Services. The Veterinary Services unit of the Animal and Plant Health Inspection service, United States Department of Agriculture.

1 Epidemiological evidence—evaluation of clinical evidence and the degree of risk posed by the potential spread of infection based on population and exposure factors.

2 Protocol for such diagnostic tests can be found in the "Recommended Uniform Diagnostic Procedures" published by the Committee of the American Association of Veterinary Laboratory Diagnosticians. Copies of the test protocols may be obtained from the Deputy Administrator, Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture, Hyattsville, Maryland, 20782.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-324-2 Intrastate movement of infected or exposed live poultry or materials

(a) No live poultry infected with or exposed to highly pathogenic avian influenza or other contagious poultry disease shall be moved intrastate.

(b) No carcasses or parts thereof from poultry infected with or exposed to highly pathogenic avian influenza or other contagious poultry diseases, no manure from such poultry and no litter which has been used by such poultry shall be moved intrastate unless heated throughout to at least 160°F (71°C) or unless moved intrastate from a quarantined area for incineration, rendering, or burial in a landfill in accordance with Section 22-324-8 of these regulations.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-324-3 Contaminated means of conveyance, premises, containers, and other accessories; not to be used for movement of poultry until cleaned and disinfected

No means of conveyance or premises which have contained any poultry which have been found infected with highly pathogenic avian influenza or other contagious poultry diseases, and no coops, containers, troughs, or other accessories used in the handling of such infected poultry, shall be used in connection with the movement of poultry until the said means of conveyance, premises, coops, containers, trough, or other accessories have been cleaned and disinfected under supervision of a Federal or State inspector with a permitted disinfectant, as provided in §§ 71.4, 71.6, 71.7, 71.10, and 71.11 of 9-CFR: or with three percent solution cresol compound, U.S.P.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-324-4 Quarantined areas

Quarantined areas are those areas so designated by the Commissioner.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-324-5 Prohibited articles

(a) The following are designated as prohibited articles:

(1) Live Poultry;

(2) Manure from poultry;

(3) Litter that has been used by poultry, and

(4) Hatching eggs.

(b) A prohibited article shall not be moved from a quarantined area.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-324-6 Restricted articles

(a) The following are designated as restricted articles:

(1) Poultry carcasses or parts thereof,

(2) Eggs from poultry used for food,

(3) coops, containers, troughs, or other accessories that have been used in the handling of poultry or poultry eggs.

(b) A restricted article shall not be moved without a permit from a quarantined area except in accordance with the provisions in Sections 22-324-6 through 22-324-9 of these regulations.

(c) Poultry carcasses or parts thereof may be moved from a quarantined area:

(1) If from a poultry flock inspected by a Federal or State inspector prior to movement for slaughter and not found to have clinical evidence of highly pathogenic avian influenza, and if from poultry slaughtered at a federally inspected slaughtering establishment;

(2) If heated throughout to at least 160°F (71°C); or

(3) If moved under the supervision of State or Federal inspectors for incineration, rendering, or burial in a landfill (the incinerator, rendering facility, or landfill must have equipment and use procedures that are determined by the Commissioner to be adequate to prevent the dissemination of highly pathogenic avian influenza and must comply with the applicable laws for environmental protection).

(d) Poultry eggs for use as food which are from poultry not found infected with or exposed to highly pathogenic avian influenza may be moved from a quarantined area pursuant to a permit if prior to movement they are washed free of adhering material and rinsed with warm water containing not less than 50 p/m nor more than 200 p/m of available chlorine or its equivalent, and if moved in unused flats and cases, or in plastic flats and cases washed free of adhering material since last use and rinsed with warm water containing not less than 50 p/m of available chlorine or its equivalent.

Pursuant to a permit, poultry eggs for use as food which were laid outside of a quarantined area and which were subsequently moved into a quarantined area to an egg processing (cleaning, sanitizing, and repackaging) plant may then be moved from the egg processing plant if prior to the movement such eggs are washed free of adhering material and rinsed with warm water containing not less than 50 p/m nor more than 200 p/m of available chlorine or its equivalent, if such eggs are moved in new cartons for retail sale, and if the operator of the egg processing plant is operating under a compliance agreement whereby the operator of the processing plant agrees to comply with the provisions of this part.

(e) Any poultry eggs may be moved from a quarantined area under the supervision of a State or Federal inspector for incineration, rendering, or burial in a landfill (the incinerator, rendering facility, or landfill must have equipment and use procedures that are determined by the Commissioner to be adequate to prevent the dissemination of highly pathogenic avian influenza and must comply with the applicable laws for environmental protection).

(f) Used poultry coops, containers, troughs, or other accessories for use in the handling of poultry or poultry eggs may be moved from a quarantined area if prior to movement they are cleaned and disinfected with a permitted disinfectant specified in 9-CFR §§ 71.10 or 71.11.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-324-7 Permits for movement of restricted articles

(a) A permit for the movement of a restricted article may be obtained from a State or Federal inspector.1It shall list the name and address of the consignor and consignee, the origin and destination locations, the number and type of articles covered, and the purpose of the movement.

(b) Any permit which has been issued may be withdrawn by a Federal or State inspector or the Commissioner if he determines that the holder thereof has not complied with any condition for the use of the permit. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose permit has been withdrawn may appeal the decision in writing to the Commissioner within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the permit wrongfully withdrawn. The Commissioner shall grant or deny the appeal, in writing, stating the reasons for the decision as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict.

1 Inspectors may be contacted at telephone numbers available from local agricultural extension agents and from the Commissioner.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-324-8 Movement by United States Department of Agriculture or Connecticut Department of Agriculture for diagnostic or experimental purposes; other movements

(a) Notwithstanding other provisions in Sections 22-324-1 through 22-324-11 of these regulations, a prohibited article or restricted article may be moved by the United States Department of Agriculture or Connecticut Department of Agriculture for diagnostic or experimental purposes under conditions found by the Commissioner to be adequate to prevent the spread of highly pathogenic avian influenza.

(b) Notwithstanding other provision in Sections 22-324-1 through 22-324-11 of these regulations the Commissioner may in specific cases allow the movement of prohibited articles or restricted articles other than as provided for in Sections 22-324-1 through 22-324-11 of these regulations under conditions as the Commissioner may prescribe in each case to prevent the spread of highly pathogenic avian influenza. The Commissioner will promptly notify the appropriate officials of Federal and State Agencies involved of any such action.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-324-9 Inspections and seizures

State inspectors and federal inspectors appointed as representatives of the Connecticut Department of Agriculture designated by the Commissioner and identified by an official identification card, shall have authority, in accordance with Section 22-324 of the Connecticut General Statutes to enter upon any premises in Connecticut for the purpose of making inspections and seizures necessary under Sections 22-324-1 through 22-324-11 of these regulations.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-324-10 Disposal

(a) Whenever the Director of the Task Force finds that any poultry upon any premises in Connecticut are or have been infected with or exposed to highly pathogenic avian influenza, or that any carcasses or parts thereof, eggs, or other products or articles were so related to such poultry as to be likely to be a means of disseminating the disease, the Director of the Task Force will order the owner thereof, or the owner's agent in possession thereof, to maintain them in quarantine on such premises for such period and dispose of them within such time, and in such manner as the Director of the Task Force shall prescribe in accordance with Section 22-324 of the Connecticut General Statutes. The order shall be served upon the owner of the poultry, carcasses or parts thereof, egg products or articles, or the owner's agent, in person by a Federal inspector appointed as an employee of the Connecticut Department of Agriculture or by a State inspector. If the owner or the owner's agent does not comply with such order, after such notice thereof, the Director of the Task Force may seize, quarantine, and dispose of the poultry carcasses or parts thereof, eggs, products, or articles as provided in Section 22-324 of the Connecticut General Statutes.

(b) When any poultry, carcasses or parts thereof, eggs, products, or articles are ordered to be quarantined on any premises under paragraph(s) of this section, they shall not be moved from such premises unless authorized by the Director of the Task Force.

(c) A premises quarantine shall remain in effect until the following conditions are met:

(1) All poultry on such premises are depopulated;

(2) All carcasses and parts thereof from the depopulated poultry, and any other poultry carcasses and parts thereof, eggs, products, and articles so related to the depopulated poultry as to be likely to be a means of disseminating highly pathogenic avian influenza, and disposed of by incineration, rendering, burial in a landfill or other place, or by such other means as the Commissioner determines would be adequate to prevent the spread of highly pathogenic avian influenza (the incinerator, rendering facility, place of burial, or other place of disposal must have equipment and use procedures that are determined by the Commissioner to be adequate to prevent the dissemination of highly pathogenic avian influenza and must comply with the applicable laws for environmental protection);

(3) The premises are found by a Federal or State inspector to have been cleaned and disinfected in accordance with Section 22-324-11 after the carcasses or parts thereof, eggs, products, or articles are disposed of as specified in paragraph (c) (2) of this section;

(4) No live poultry are taken onto the premises for a 30-day period after the premises have been found to meet the cleaning and disinfection provisions of paragraph (c) (3) of this section, and for any additional time period determined necessary by the Director of the Task Force to insure that the premises are free of highly pathogenic avian influenza; and

(5) The Director of the Task Force has determined (by means which may include testing with test birds and evaluation of epidemiological conditions) the highly pathogenic avian influenza has been eradicated and that the premises can be safely repopulated.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-324-11 Cleaning and disinfecting requirements

All pens, coops, containers, troughs, other accessories, or means of conveyance found by a Federal or State inspector to have been used in the handling of any poultry or related products, carcasses or parts thereof, egg products, or articles subject to an order under Section 22-324-11 of this regulation shall be cleaned and disinfected in accordance with the provisions in §§ 71.7, 71.10, and 71.11 of 9-CFR or with a three percent solution cresol compound, U.S.P., unless other disposal is ordered under Section 22-324-10 of these regulations.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-324-A1 "Flock" defined

The word "flock," as used in these regulations, shall be construed as meaning all poultry kept on the premises, farm or ranch of the owner.

Regs., Conn. State Agencies § 22-324-A2 Responsibilities of poultry owner

The owner of a flock of poultry who has made application for examination and placed his flock under the supervision of the commissioner of agriculture and natural resources shall keep and agree to maintain such flock under a system of housing, yarding management and general sanitation satisfactory to the commissioner or his agent. He shall agree to refrain from advertising falsely or misleadingly regarding the tests on his flock, and shall agree not to hatch eggs on his farm except from poultry of like or higher status and not to have eggs from his own poultry hatched for him by a poultryman or hatcheryman except with a flock or flocks of like or higher status.

(See 1961 Supp. § 22-322.)

Regs., Conn. State Agencies § 22-324-A3 Age and time for testing

No poultry shall be presented to the inspector for examination and blood test until five months of age. All poultry on the premises of breeding and laying age shall be tested at the beginning of the breeding season and within the testing year.

Regs., Conn. State Agencies § 22-324-A4 Segregation of birds. Post-mortem examination

All birds reported as positive or doubtful shall be segregated at once from the flock. The owner, when so requested by the commissioner or his agent, shall submit birds for check-test by post-mortem examination to the Department of Animal Diseases, The University of Connecticut, Storrs, Connecticut, or final disposition made as directed by the commissioner.

Regs., Conn. State Agencies § 22-324-A5 Cleaning and disinfecting of pens, etc

All pens, perches, dropping boards, nests, floors and side walls with which any of the infected poultry have come in contact at any time shall be cleaned and disinfected with one of a list of disinfectants approved by the commissioner and shall be subject to the inspection of the commissioner or his agent within fifteen days from the date of the order for such cleaning and disinfecting.

Regs., Conn. State Agencies § 22-324-A6 Certificates

(a) When a flock has been found to be free of any evidence of pullorum-typhoid disease by one tube agglutination test made on all poultry on the premises, the flock shall be designated as pullorum-typhoid passed and a pullorum-typhoid passed certificate issued by the commissioner.

(b) When a flock has been found to be free of any evidence of pullorum-typhoid disease on two consecutive tube agglutination tests, made at intervals of not less than twenty-one days on all poultry five months of age or over on the premises, the flock shall be designated as pullorum-typhoid clean and a pullorum-typhoid clean certificate issued by the commissioner.

(c) When a flock originating from a pullorum-typhoid passed or a pullorum-typhoid clean flock has been found to be free of any evidence of pullorum-typhoid disease by one tube agglutination test on all poultry five months of age or over on the premises, the flock shall be designated as pullorum-typhoid clean and a pullorum-typhoid clean certificate issued by the commissioner.

(d) Any flock may be pronounced clean on the completion of two consecutive clean tests not less than twenty-one days apart, the last being made within the testing year immediately preceding the date of sale of hatching eggs or chicks from such flocks.

Regs., Conn. State Agencies § 22-324-A7 Requirements on finding of positive or doubtful birds

(a) If one or more positive or doubtful birds are found in a pullorum-typhoid passed or a pullorum-typhoid clean flock by the tube agglutination test, the use of eggs for hatching shall be discontinued at once, from the pen or pens in which the reacting birds were found. The positive or doubtful birds shall be sent alive to the laboratory immediately by the owner as requested by the commissioner, provided not more than five shall be sent, unless others are requested by the laboratory.

(b) If no evidence of pullorum-typhoid disease is found in the reacting birds upon post-mortem examination at the laboratory, the flock shall be considered pullorum-typhoid clean.

(c) If the pullorum-typhoid organism is identified in any of the birds posted and so reported by the laboratory, all sales of hatching eggs and chicks to pullorum-typhoid passed or pullorum-typhoid clean flocks shall stop at once.

(d) If not more than one half of one per cent of a pullorum-typhoid clean flock is found to be positive by the post-mortem examination, a retest of the entire flock shall be made at the discretion of the commissioner not earlier than twenty-one days and not later than forty-two days after the first test. For the flock to be reinstated as a clean flock, it shall pass two negative tests not less than twenty-one days apart.

(e) If the pullorum-typhoid disease organism is recovered from young chicks which unquestionably originated from Connecticut pullorum-typhoid passed or Connecticut pullorum-typhoid clean flocks, the flock from which the chicks originated shall be tested at the discretion of the commissioner.

(f) Any poultryman selling eggs for hatching or chicks shall notify the purchaser at once regarding any change in the status of his flock.

Regs., Conn. State Agencies § 22-324-A8 Addition or return of birds to passed or clean flocks

(a) All hatching eggs, chicks or poultry to be added to pullorum-typhoid passed or pullorum-typhoid clean flocks under supervision shall be approved by the commissioner before purchase.

(b) All birds returned to pullorum-typhoid passed and pullorum-typhoid clean flocks from poultry exhibits or egg-laying contests or after being removed from the premises for any purpose whatsoever shall be quarantined until birds from pullorum-typhoid passed flocks have passed one clean test and birds from pullorum-typhoid clean flocks have passed two clean tests at least twenty-one days apart. If a reactor is found, all birds under quarantine shall be disposed of.

Regs., Conn. State Agencies § 22-324-A9 Breeders and hatcheries to place flock under supervision of commissioner

No breeder, breeder hatchery or commercial hatchery in Connecticut may offer pullorum-typhoid passed or pullorum-typhoid clean chicks for sale unless the flock and hatchery are placed under the supervision of the commissioner of agriculture and natural resources. Hatcheries handling more than one class of chicks shall be classified as of the lowest class handled.

Regs., Conn. State Agencies § 22-324-A10 Tube agglutination test to be used

The tube agglutination test shall be used for all official tests. Private pullorum-typhoid tests of flocks under supervision will not be permitted.

Regs., Conn. State Agencies § 22-324-A11 The National Poultry and Turkey Improvement Plans

Poultrymen and hatcherymen participating in the U.S.-Connecticut pullorum-typhoid disease control program may cooperate in breed improvements under the National Poultry and Turkey Improvement Plans by cooperating with the Connecticut Poultry Improvement Association, Inc., set up for the purpose of supervising the breeding stages of the National Poultry and Turkey Improvement Plans in Connecticut.

Regs., Conn. State Agencies § 22-324-B1 Infectious laryngotracheitis

Flocks of chickens and domesticated pheasants with infectious laryngotracheitis shall be held in strict quarantine until all infected and exposed birds have been disposed of for slaughter. During the duration of the quarantine, sale or disposal of market eggs, hatching eggs and day-old chicks is ordinarily permissible.

Regs., Conn. State Agencies § 22-324-B2 Newcastle disease

Flocks of domesticated birds affected with an active outbreak of Newcastle disease shall be held in strict quarantine for at least two months following the disappearance of all clinical signs and symptoms of the disease. The quarantine is inclusive of all poultry products and equipment. If direct sanitary marketing can be assured, written permission for the sale or disposal of market eggs and of birds for slaughter may be obtained.

Regs., Conn. State Agencies § 22-324-B3 Importation of vaccine

Infectious laryngotracheitis vaccine or live Newcastle vaccine or any virulent product of a similar nature shall not be shipped or transported into the state without the written permission of the commissioner of agriculture and natural resources.

Regs., Conn. State Agencies § 22-324-B4 Possession of vaccine or virus regulated

No person, firm or corporation, nor the agent or employee of any corporation, shall have in his possession or use any virulent exudate, vaccine or virus, or any preparation of a similar nature for infectious laryngotracheitis and Newcastle diseases, unless permission in writing has been obtained from the commissioner of agriculture and natural resources.

Regs., Conn. State Agencies § 22-324-B5 Doubtful diagnosis to be determined by University

In case of doubt, the diagnosis of infectious laryngotracheitis and Newcastle diseases shall be established through the examination of suitable specimens at the department of animal diseases of The University of Connecticut.

Regs., Conn. State Agencies § 22-324-B6 Administration

Sections 22-324-B1 to 22-324-B5, inclusive, shall be administered at the discretion of the commissioner of agriculture and natural resources.

Regs., Conn. State Agencies § 22-324-C1 Commissioner to be notified of exhibitions

The commissioner of agriculture and natural resources shall be notified in writing by the show management of the date and place of holding its show or exhibition of live poultry at least five days prior to the date of opening of such show or exhibition.

Regs., Conn. State Agencies § 22-324-C2 Adult birds to be shown

Only adult birds may be shown.

Regs., Conn. State Agencies § 22-324-C3 Statement of freedom from disease

All entries to a show or exhibition shall be accompanied by a declaration or certification from the owner or exhibitor that, to the best of his knowledge, the poultry entries and source of flock or flocks are free from any evidence of, and were not recently exposed to, Newcastle disease or any other infectious or transmissible disease, the certification to be based on inspection made within at least five days of admission to each show or exhibition by a certificate of the commissioner of agriculture and natural resources that such entries are negative to a pullorum-typhoid test or, for any show or exhibition held on or after January 1, 1969, by a certificate of the commissioner that such entries are from flocks negative to a pullorum-typhoid test. The certificate or declaration shall contain the date of inspection, the name and address of the owner or exhibitor, the name and location of the show, and the number, breed, species and identification band number of each bird to be exhibited.

History

• Effective June 4, 1968

Regs., Conn. State Agencies § 22-324-C4 Birds without certificate or diseased not permitted

Birds not accompanied by a health certification or those showing evidence of disease shall not be permitted to enter a show or exhibition.

Regs., Conn. State Agencies § 22-324-C5 Disinfection of crates and vehicles

All crates, boxes or containers and vehicles used for transporting the poultry to a show shall be thoroughly cleaned and disinfected prior to such use.

Regs., Conn. State Agencies § 22-324-C6 Examination by veterinarian on admission (Repealed)

Repealed November 30, 1966.

Regs., Conn. State Agencies § 22-324-C7 Daily examination (Repealed)

Repealed November 30, 1966.

Regs., Conn. State Agencies § 22-324-C8 Segregation of diseased birds

Birds showing evidence of disease upon entry to or during a show shall be properly segregated and cared for and reported promptly by the * * * superintendent of the show to a representative of the commissioner of agriculture and natural resources. It is recommended: (1) Since all birds returned from a show are potential sources of infection, they be isolated immediately after their return from all other birds. This isolation should be maintained at least until it has been established that the birds are not carriers of disease-producing agents as may be determined by exposure of a few susceptible birds to direct contacts with them; (2) shows be of not more than three days' duration; (3) there be solid partitions between coops, and (4) satisfactory provisions be made for air disinfection.

History

• Effective August 25, 1966

Regs., Conn. State Agencies § 22-324-D1 Definitions

As used in sections 22-324-D1 to 22-324-D7, inclusive: (1) "Case" means, when referring to containers, an egg case, as used in commercial practice in the United States, holding thirty dozens of shell eggs; (2) "condition" means any condition, including, but not limited to, the state of preservation, cleanliness, soundness, wholesomeness, or fitness for human food, of any product which affects its merchantability; (3) "plant" means any building, machinery, apparatus or fixture, used for the storing, grading or packing of shell eggs; (4) "potable water" means water that has been approved by the state department of health, or any agency or laboratory acceptable to the commissioner of agriculture and natural resources, as safe for drinking and suitable for food processing; (5) "premises" means a tract of land with the buildings thereon or building or part of a building with its grounds or other appurtenances; (6) "product" or "products" means shell eggs of the domesticated chicken; (7) "shell eggs" means eggs of domesticated chickens; (8) "shell protected" means eggs which have had a protective covering such as oil applied to the shell surface.

History

• Effective April 7, 1970

Regs., Conn. State Agencies § 22-324-D2 Physical requirements of plant

(a) The plant shall be free from strong foul odors, dust and smoke-laden air.

(b) The premises shall be free from refuse, rubbish, waste and other materials and conditions which constitute a source of odors or a harbor for insects and rodents and other vermin.

(c) The buildings shall be of sound construction and kept in good repair, such as to prevent the entrance or harboring of vermin.

(d) Rooms shall be kept free from refuse, rubbish, waste materials, odors, insects and rodents, and from any conditions which may constitute a source of odors or engender insects and rodents. Materials and equipment not currently needed shall be handled or stored in a manner so as not to constitute a sanitary hazard.

(e) Doors and windows that open to the outside shall be protected against the entrance of flies and other insects. Doors and windows serving rooms where edible product is exposed shall be protected against the entrance of dust and dirt. All doors leading into rooms where edible product is processed shall be of solid construction and such doors, other than freezer and cooler doors, shall be fitted with self-closing devices.

(f) Doors and other openings which are accessible to rodents shall be of rodent-proof construction.

(g) There shall be an efficient drainage and plumbing system for the plant and premises. All drains and gutters shall be properly installed with traps and vents. The sewerage system shall have adequate slope and capacity to remove readily all waste from the various processing operations. All floor drains shall be equipped with traps and constructed so as to minimize clogging.

(h) Both the hot and cold water supplies shall be ample, clean and potable, with adequate facilities for distribution throughout the plant or portion thereof utilized for egg processing and handling operations, and for protection against contamination and pollution.

(i) The floors, walls, ceiling, partitions, posts, doors and other parts of an structures shall be of such materials, construction and finish as to permit their ready and thorough cleaning. The floors and curbing shall be watertight.

(j) Each room and each compartment in which any shell eggs are handled or processed shall be so designed and constructed as to insure processing and operating conditions of a clean and orderly character, free from objectionable odors and vapors, and shall be maintained in a clean and sanitary condition.

(k) Every practicable precaution shall be taken to exclude dogs, cats and vermin including, but not limited to, rodents and insects, from the plant or portion thereof in which shell eggs are handled or stored.

(l) There shall be adequately lighted dressing rooms and toilet rooms, ample in size, conveniently located and separated from the rooms and compartments in which shell eggs are handled, processed, or stored, sufficient in number to accommodate the number of persons employed. The dressing rooms and toilet rooms shall be separately ventilated.

(m) Lavatory accommodations, including, but not limited to, hot and cold running water, towels, and soap which does not impart an odor which interferes with accurate evaluation of the product, shall be placed at such locations in the plant as may be essential to assure cleanliness of each person handling any shell eggs.

(n) Suitable facilities for cleaning and sanitizing utensils and equipment shall be provided at convenient locations throughout the plant.

History

• Effective April 7, 1970

Regs., Conn. State Agencies § 22-324-D3 Equipment and utensils

Equipment and utensils used in processing shell eggs shall be of such design, material and construction as will (1) enable the examination, segregation and processing of such products in an efficient, clean and satisfactory manner, and (2) permit easy access to all parts to insure thorough cleaning and sanitizing. So far as is practicable all such equipment shall be made of metal or other impervious material, if the metal or other impervious material will not affect the product by chemical action or physical contact. Receptacles and packages used for shell eggs which are not fit for human food shall bear some conspicuous and distinctive identification.

History

• Effective April 7, 1970

Regs., Conn. State Agencies § 22-324-D4 Protection of shell eggs

(a) Shell eggs which are not fit for human food shall be placed in a conspicuously marked container and shall be treated in such manner as will preclude their use as human food.

(b) No product or material which creates an objectionable condition shall be processed, stored or handled in any room, compartment or place where any shell eggs are processed, stored or handled.

(c) Only germicides, insecticides, rodenticides, detergents or wetting agents or other similar compounds which will not deleteriously affect the egg products and which have been approved and listed in the U.S. Department of Agriculture list of Chemical Compounds, authorized for use under the U.S.D.A. poultry and egg products inspection program, may be used in a plant. The use of such compounds shall be in a manner satisfactory to the commissioner.

(d) Packages or containers for eggs shall be clean when being filled; and all reasonable precautions shall be taken to avoid soiling or contaminating the surface of any package or container liner which is, or will be, in direct contact with such eggs. Only new containers or used containers that are clean and in sound condition shall be used for packaging eggs. (1) A used fiber case shall be construed to be good if it is reasonably clean and free from excessive stains and odors. Cases which have lost their original shape, due to warping, bulging, sagging or denting shall not be used. All seams shall be securely fastened without broken stitches or pulled staples. Hand slots and other parts of the case shall be free of tears. (2) Used fillers, flats and filler-flats shall be construed to be good if they are reasonably clean and sufficiently sound to permit the lifting of the layer of eggs from the case without losing eggs. They shall be free of mold, mustiness or off-odor. (3) Any material which does not meet the definition of new, good, and used shall not be used.

History

• Effective April 7, 1970

Regs., Conn. State Agencies § 22-324-D5 Candling and transfer room: Construction

(a) The candling and transfer room shall be so constructed that it can be adequately darkened to assure accuracy in removal of inedible or loss of eggs by candling. Equipment shall be arranged so as to facilitate cleaning and the removal of refuse and excess packing material.

(b) The construction of the floor shall allow thorough cleaning. In any building constructed after the effective date of this regulation, the floors shall be of water-resistant composition and provided with proper drainage.

(c) Ventilation shall be such as to provide for the rapid removal of objectionable odors and dust, preferably by means of an exhaust fan.

(d) Candling devices of an approved type shall be provided to enable candlers to detect inedible, dirty or checked eggs, and eggs other than chicken eggs.

(e) Leaker trays shall be made of such material and design as to be conducive to easy cleaning and sanitizing.

(f) Containers made of a material and design conducive to easy cleaning and sanitizing shall be provided for inedible eggs. All such containers shall be conspicuously marked.

(g) Containers made of a material and design conducive to easy cleaning and sanitizing shall be provided for trash unless clean disposable containers are furnished daily.

(h) Shell egg conveyors shall be constructed so that they can be thoroughly cleaned.

History

• Effective April 7, 1970

Regs., Conn. State Agencies § 22-324-D6 Candling and transfer room: Cleanliness

(a) Candling and transfer rooms shall be kept clean and free from cobwebs, dust, objectionable odors and excess packing materials.

(b) Floors, benches and conveyors shall be cleaned as often as necessary to maintain a clean operation but at least once daily.

(c) Mechanical candling machines shall be maintained in a clean condition during operations.

(d) Containers for trash and inedible eggs shall be removed from the candling room as often as necessary but at least once daily and shall be cleaned and treated in such a manner as will avoid off odors or objectionable conditions in the plant.

History

• Effective April 7, 1970

Regs., Conn. State Agencies § 22-324-D7 Cooler room requirements. Shell egg protecting and cleaning operations

(a) Cooler room requirements: Shell eggs shall be held under refrigeration meeting the following requirements:

(1) Cooler rooms shall have refrigeration facilities capable of reducing within forty-eight hours and holding the maximum volume of eggs handled to 45°F. or below. Accurate thermometers shall be provided.

(2) Cooler rooms shall be free from objectionable odors and from mold and shall be maintained in a sanitary condition.

(b) Shell egg protecting operations. Shell eggs protecting (oil processing) operations shall be conducted in a manner to avoid contamination of the product and maximize conservation of its quality.

(1) Oil having off odor, or that is obviously contaminated, shall not be used in shell egg protection.

(2) Processing oil that has been previously used and which has become contaminated shall be filtered and heat treated at 180°F for three minutes prior to use.

(c) Shell egg cleaning operations.

(1) Shell egg cleaning equipment shall be kept in good repair and shall be cleaned after each day's use or more frequently if necessary.

(2) Waste water from the egg washing operation shall go directly to a drain.

(3) Continuous-type washers shall have a complete water change at least once during each day and at the end of each day or more frequently.

(4) Bucket type washers shall have a complete water change after every five baskets.

(5) Wash water used shall be at least 20°F warmer than the eggs. The minimum maintained temperature of the wash water shall be 90°F. The twenty degree differential shall be maintained throughout the cleaning cycle. Prewetting by submersion shall not exceed five minutes.

(6) During any rest period, eggs shall be removed from the washing and rinsing area of the egg washer and from the scanning area whenever there is a buildup of heat.

(7) Only Consumer and Marketing Service, U.S.D.A. approved list cleaning and sanitizing compounds revised October, 1968, and as subsequently amended may be used. The use of metered equipment for dispensing the compounds into solution is recommended.

(8) The entire shell egg cleaning and drying operation shall be continuous and shall be completed as rapidly as possible.

(9) Only potable water may be used to wash eggs.

(10) Where practicable all washed eggs shall be spray rinsed with warm, potable water which contains a sanitizing compound.

(11) Washed eggs shall be reasonably dry before cartoning or casing.

History

• Effective February 6, 1991

Commissioner of Agriculture and Natural Resources Commissioner of Agriculture and Natural Resources

22-324a Disposal of Dead Poultry

Regs., Conn. State Agencies § 22-324a-1 Time for disposal

The carcass or parts thereof of any dead poultry not killed for food shall be removed and placed in disposal facilities within twenty-four hours after death.

History

• Effective March 31, 1964

Regs., Conn. State Agencies § 22-324a-2 Acceptable methods

(a) A disposal pit shall be so constructed as to be vermin proof, with tight fitting covers, and large enough to accommodate daily disposal and comply with the public health code of the state of Connecticut. No disposal pit shall be constructed within seventy-five feet of a well or spring or within fifty feet of a place of human habitation nor shall it be constructed within fifty feet of a tributary of a water supply reservoir or any ground or surface water drain tributary to such reservoir. No disposal pit shall be located within ten feet of a lot line or within twenty-five feet of any stream, pond, lake or tidal water except by specific approval by the local director of health having jurisdiction. The bottom of any such pit shall be at least eighteen inches above maximum ground water level. The minimum size pit for one thousand birds shall be ninety-six cubic feet. The recommended capacity for ten thousand birds is six hundred forty cubic feet.

(b) Incineration shall be by continuous firing, and complete destruction of the soft tissues shall be accomplished.

(c) Burying shall be permitted only in case of an emergency. At least two feet of earth shall be used for covering the dead birds.

(d) No other form of disposal shall be utilized without the permission of the commissioner of agriculture and natural resources.

Department of Agriculture Department of Agriculture

22-326c Control of Avian Disease

Regs., Conn. State Agencies § 22-326c-1 Appraisal

Poultry, carcasses or parts thereof, eggs, products, or articles required to be destroyed in accordance with Section 22-324-10 shall be appraised by two appraisers, one chosen by the Commissioner and one chosen by the owner. If they are unable to agree upon the value of such property, each shall choose an arbitrator, and the two arbitrators so chosen shall choose a third, and the three arbitrators so chosen or a majority of the three arbitrators so chosen shall be approved by the Commissioner.

History

• Effective June 25, 1986

Regs., Conn. State Agencies § 22-326c-2 Payment

(a) A claim for payment for destruction of poultry, carcasses or parts thereof, eggs, products, or articles must be presented to the Director of the Task Force before payment will be made. The claimant must state whether the items for which payment is requested are, or are not, subject to a mortgage, lien, or other security or beneficial interest held by any person other than the claimant. If the claimant is the owner and states that there is no mortgage, lien, or other such interest on the items, payment will be made to the owner. If the claimant states that there is a mortgage, lien, or other such interest, a VS form 1-23 shall be signed by the claimant and by each person holding a mortgage, lien, or other such interest on the items, consenting to the payment of any indemnity allowed to the person specified thereon and payment will be made to such person. All payments are dependent upon the availability of funds appropriated to the Department of Agriculture for the payment of compensation pursuant to Connecticut General Statutes Section 22-326c.

(b) No payment shall be made unless all conditions for release of quarantine in Section 22-324-10c and 22-324-11, and Sections 22-326c-1 and 22-326c-2 of these regulations are met.

History

• Effective June 25, 1986

State Department of Health State Department of Health

22-332b Use of Living Dogs for Medical or Biological Teaching, Research or Study

Regs., Conn. State Agencies § 22-332b-1 Definitions

For the purpose of sections 22-332b-1 to 22-332b-11, inclusive, the following definitions shall apply: "Hospital" means any institution for the medical care of human patients licensed under sections 19-31 to 19-42, inclusive, of the general statutes. "Educational institution" means a college or university licensed and accredited to confer academic degrees under the provisions of the general statutes, or a school, institute or academy of any kind giving instruction requiring use of dogs. "Laboratory" means any other facility utilizing living dogs for medical or biological research or study. "Medical or biological teaching" shall include instruction in any subject under circumstances involving surgical manipulation of living dogs, administration to dogs of drugs, anaesthetic or toxic substances, or the subjection of dogs to unusual physical, environmental, psychological or nutritional stress or stimulus. "Research or study" means subjection of living dogs to experimental procedures involving surgery, administration of drugs, anaesthetic or toxic substances, or the application of unusual physical, environmental, nutritional or psychological stress or stimulus.

Regs., Conn. State Agencies § 22-332b-2 Eligibility for license to procure and use dogs

No person shall be eligible to apply for a license to procure or use any living dog for medical or biological teaching, research or study except the owner or authorized and responsible agent of a hospital, educational institution or laboratory.

Regs., Conn. State Agencies § 22-332b-3 Exemptions

A person, firm or corporation engaged in the care, breeding, training or use of living dogs under the provisions of the general statutes pertaining to the practice of veterinary medicine or to the operation of a kennel or pet shop shall be exempt from the provisions of sections 22-332b-1 to 22-332b-11, inclusive, unless engaged in an activity which, in the judgment of the commissioner of health, falls within the meaning of research or study as defined above.

Regs., Conn. State Agencies § 22-332b-4 Application for license

Application for a license to procure or use living dogs for medical or biological teaching, research or study shall be made on forms procurable from the state department of health and shall be made by an authorized and responsible agent of the hospital, educational institution or laboratory proposing to engage in such activity. Each application shall contain the name of the facility and its address, a description of the land, buildings, equipment and facilities available, a description of the nature of the proposed uses of living dogs, the location of such activity and such other data as may be required by the commissioner of health. Such application shall further designate the person or persons who shall be responsible for compliance with the provisions of sections 22-332b-1 to 22-332b-11, inclusive, and shall set forth pertinent data concerning qualifications of such person or persons.

Regs., Conn. State Agencies § 22-332b-5 Fees

A fee of fifty dollars shall be paid at the time of application for a license or renewal thereof. Such fee shall not be returnable.

Regs., Conn. State Agencies § 22-332b-6 Issuance or denial of license

Issuance of a license shall be dependent upon presentation by the applicant of evidence acceptable to the commissioner of health that the proposed teaching, research or study program is designed to impart or elicit knowledge or understanding of the problems of human or animal health and that the use of living dogs in such program is essential. If, after investigation, it is found that this evidence is not sufficient or it is found that the applicant does not have facilities and personnel adequate for reasonable compliance with standards hereinafter set forth, the application will be denied and the applicant informed in writing of the reasons for such denial.

Regs., Conn. State Agencies § 22-332b-7 Revocation or suspension of license

When investigation or inspection discloses that a licensee has failed to maintain substantial compliance with standards set forth in sections 22-332b-1 to 22-332b-11, inclusive, or has wilfully and materially failed to comply with the provisions of any law or regulation relating to the acquisition, housing and care of dogs, his license may be suspended or revoked after written notice from the commissioner of health. Within ten days after receipt of a notice of intent to suspend or revoke a license, the licensee may request a hearing to show cause why the license should not be suspended or revoked. If no request for a hearing is made within the aforesaid ten days, suspension or revocation of the license, at the discretion of the commissioner of health, shall become effective upon issuance to the licensee of an order of suspension or revocation accompanied by the commissioner's findings and conclusions. In a similar manner, after a hearing, suspension or revocation of license shall be effective when in the judgment of the commissioner such action is necessary. No facility shall procure or use living dogs for medical or biological teaching, research or study while its license is suspended or after revocation thereof. Reinstatement of a suspended license may be requested after the correction of conditions leading to suspension, at which time reinstatement may be granted at the discretion of the commissioner when such evidence as he may require indicates that acceptable corrective measures have been made effective.

Regs., Conn. State Agencies § 22-332b-8 Renewal of license

(a) Each license shall be renewed annually on or before July first. Application for renewal shall be filed annually before such date and shall be accompanied by the renewal fee.

(b) In addition, renewal of license shall be required at any time when the premises of the facility licensed are to be changed or when there is to be any additional use of living dogs not covered by a license then current. Licenses are not transferable with respect to either condition.

Regs., Conn. State Agencies § 22-332b-9 Standards for housing, care, treatment, handling and disposition of dogs

(a) The activity shall be under the direction of a person or persons with qualifications acceptable to the state department of health who shall be designated by the licensee as responsible for the operation of the facility licensed. Except for limited activities and with express approval of the commissioner of health, the following are the minimum acceptable qualifications;

(1) Possession of an earned doctoral degree from a recognized college or university in veterinary medicine, medicine, dentistry or the biological sciences, or

(2) essentially equivalent specialized education, training and experience.

(b) The licensee may be required to employ other personnel with such qualifications as the commissioner of health deems reasonable and necessary for the activity licensed.

(c) The premises in which dogs are quartered or used shall be adequate in size for the number of dogs housed or used therein.

(d) The licensee shall at all times maintain the dogs in a manner providing a minimum of bodily discomfort compatible with the activity licensed.

(e) When a licensee has acquired ownership of a dog or dogs for medical or biological research or study, he shall promptly cause such dog or dogs to be transported to the facility licensed under conditions compatible with humane and sanitary maintenance.

(f) Dogs shall at all times be kindly and humanely treated and provided with adequate amounts of wholesome, nutritious food and of clean water from a source acceptable to the state department of health. Inhumane exposure of dogs to extremes of temperature and humidity shall be avoided at all times.

(g) Quarters shall be of such size that each animal may stand, sit and lie in a normal position and turn around with ease.

(h) The licensee shall provide reasonable facilities for the removal and disposal of excreta and such other facilities for maintenance of animal health, comfort and exercise as the commissioner of health may require.

(i) Quarters shall be kept clean, well lighted and ventilated and be maintained at a proper temperature. After being vacated and before being reoccupied they shall be cleaned by procedures acceptable to the state department of health for the prevention of spread of communicable diseases.

(j) Surgery or experimental procedures capable of inducing discomfort greater than that attending anaesthetization shall not be performed without proper administration of a suitable anaesthetic and the dog shall be maintained under such anaesthesia until the operation or experimental procedure is completed. Exceptions to this are permissible only when provisions for maximum comfort, including anaesthesia, would defeat the object of the experiment and then only by direction of a person qualified in the judgment of the commissioner of health to evaluate the need for and conditions of the procedure.

(k) Surgery shall be performed under strict asepsis whenever the animal is expected to survive. No dog shall be used for two or more successive painful experiments unless it is a part of the original operation.

(l) When a surgical or experimental procedure has been performed on a dog which will continue to cause discomfort or pain to the animal or might significantly shorten its normal life expectancy, the animal shall be destroyed painlessly by intravenous injection of a drug acceptable to the commissioner of health. This shall be done promptly upon conclusion of a reasonable postoperative or post experimental observation period during which the animal shall be given care to minimize discomfort equivalent to that which would be rendered to human beings under similar circumstances.

(m) Bodies of dead animals shall be disposed of promptly by incineration or by other means approved by the commissioner of health.

(n) Premises wherein dogs are quartered or used shall be open for inspection to an agent of the state department of health at all times.

Regs., Conn. State Agencies § 22-332b-10 Records and reports

Suitable records on all dogs procured or used shall be maintained and shall include:

(1) A description or other identification of each animal;

(2) the date and source from which the animal was procured;

(3) the condition of the animal upon receipt;

(4) the use to which the animal was put;

(5) details of administration of anaesthesia;

(6) the method of humane destruction of the animal or other disposition of it.

Such records shall be available for inspection at all times to an agent of the state department of health. The licensee shall submit upon request reports on such matters and at such times as the commissioner of health may require.

Regs., Conn. State Agencies § 22-332b-11 Display of regulation

A copy of sections 22-332b-1 to 22-332b-11, inclusive, shall be displayed prominently on the premises of licensees wherein dogs are quartered or utilized for experimental purposes.

Department of Agriculture Department of Agriculture

22-336 Dog Pounds

Regs., Conn. State Agencies § 22-336-1—22-336-12 (Repealed)

Repealed April 26, 1993.

Regs., Conn. State Agencies § 22-336-13 Definitions (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-14 Impoundment requirements

No dog may be impounded at a dog pound which does not meet the requirements of sections 22-336-16 to 22-336-18, inclusive, of the Regulations of Connecticut State Agencies. The provisions of this section shall not apply on and after January 1, 2029, or to any dog pound required to conform to the provisions of section 22-336-34 pursuant to subsection (a) of said section.

History

• Effective April 26, 1993; Amended December 13, 2023

Regs., Conn. State Agencies § 22-336-15 Compliance (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-16 Physical requirements

(a) Any building to be used as a dog pound shall be constructed in compliance with sections 22-336-14 to 22-336-18, inclusive, of the Regulations of Connecticut State Agencies and maintained in good repair.

(b) The lower portion of interior and exterior walls of a building to be used as a dog pound shall be constructed of concrete or cement block material up to a minimum height of four (4) feet.

(c) All fencing shall be a maximum 1½ inch wire mesh by 11 minimum wire gauge to contain impounded dogs and of a design to prevent injury.

(d) A copy of blueprints detailing the construction of the dog pound facility or renovation of an existing facility shall be submitted to the commissioner at least ninety (90) days prior to the start of construction.

(e) The provisions of this section shall not apply on and after January 1, 2029, or to any dog pound required to conform to the provisions of section 22-336-34 pursuant to subsection (a) of said section.

History

• Effective April 26, 1993; Amended December 13, 2023

Regs., Conn. State Agencies § 22-336-17 Pens and runs

(a) Dog pounds shall provide either an indoor run, or an outdoor run and an adjacent indoor pen for each adult dog.

(b) Indoor runs shall measure not less than forty (40) square feet with a minimum width of four (4) feet and a minimum height of six (6) feet. Solid partition dividers shall be provided between each run extending from the floor to a height of at least four (4) feet and shall extend the full length of the run.

(c) Outdoor runs shall measure not less than four (4) feet wide, eight (8) feet long and six (6) feet high with a gate at the end of each run. Solid partition dividers shall be provided between each run extending from the floor to a height of at least four (4) feet and shall extend the full length of the run.

(d) Outdoor runs shall be covered by a permanent roof of suitable material to protect the runs from snow, rain and excessive sunlight and a barrier shall be provided between the top of the runs and the roof structure to prevent the escape of impounded dogs.

(e) Indoor pens shall be adjacent to each outdoor run and shall measure not less than four (4) feet square and at least four (4) feet high. Any indoor run of less than six (6) feet in height must be covered with a maximum of 1 1/2 inch wire mesh by 11 minimum wire gauge chain link fence and shall be kept clear of obstruction to provide for air circulation.

(f) Indoor pens shall be supplied with a solid partition divider extending from the floor to a height of at least four (4) feet.

(g) Doorways between indoor pens and the outdoor runs shall be offset from center to provide adequate space for resting surfaces to be placed in the indoor pens.

(h) The provisions of this section shall not apply on and after January 1, 2029, or to any dog pound required to conform to the provisions of section 22-336-34 pursuant to subsection (a) of said section.

History

• Effective April 26, 1993; Amended December 13, 2023

Regs., Conn. State Agencies § 22-336-18 Floors and base of runs

(a) All dog pounds shall have smooth concrete floors, runs and troughs with a minimum of one-quarter (1/4) inch pitch per foot.

(b) Floors of outdoor runs shall be pitched away from the building in the direction of a trough installed at the end of the run, exterior to the run fencing.

(c) Floors of indoor pens shall be pitched toward a trough installed at the end of the pen, exterior to the pen fencing.

(d) Floors of indoor runs shall be pitched toward a trough which has been made inaccessible to dogs by either covering or placement exterior to the run fencing.

(e) All troughs shall be pitched toward covered drains at least six (6) inches in diameter connected by pipe not less than six (6) inches in diameter to a disposal system approved by the official responsible for local sewage disposal.

(f) The provisions of this section shall not apply on and after January 1, 2029, or to any dog pound required to conform to the provisions of section 22-336-34 pursuant to subsection (a) of said section.

History

• Effective April 26, 1993; Amended December 13, 2023

Regs., Conn. State Agencies § 22-336-19 Heat and ventilation (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-20 Water supply (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-21 Lighting (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-22 Sanitation (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-23 Food and water containers (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-24 Storage of dog food (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-25 Removal of dead dogs (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-26 Isolation area (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-27 Quarantined dogs (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-28 Animal care (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-29 Transportation (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-30 Grandfather clause (Repealed)

Repealed December 13, 2023.

History

• Effective April 26, 1993; Repealed December 13, 2023

Regs., Conn. State Agencies § 22-336-31 Definitions

As used in sections 22-336-14, 22-336-16 to 22-336-18, inclusive, this section, and sections 22-336-32 to 22-336-42, inclusive, of the Regulations of Connecticut State Agencies:

(1) “CFR” means the Code of Federal Regulations;

(2) “Clean” means to be made free of organic material and debris;

(3) “Commissioner” means the Commissioner of Agriculture;

(4) “Department” means the Department of Agriculture;

(5) “Disinfected” means treated with either a chemical used pursuant to the manufacturer’s instructions or water heated to not less than one hundred-eighty (180) degrees Fahrenheit or eighty-two and two-tenths (82.2) degrees Celsius in order to eliminate pathogens such as canine parvovirus;

(6) “Dog Pound” means a suitable building provided and maintained by a city or town for the detention and care of dogs and other domestic animals or through written agreement with a city or town, a suitable building provided for the detention and care of dogs and other impounded animals with a licensed veterinarian, or in a licensed veterinary hospital, licensed commercial kennel, a dog pound maintained by another city or town, or other suitable building approved by the Commissioner;

(7) “Exercise Area” means an indoor run or outdoor run;

(8) “Impounded Animal” means a dog, cat or other domestic animal detained or seized by any animal control officer appointed pursuant to section 22-328, 22-331, or 22-331a of the Connecticut General Statutes for the purpose of detaining an animal, quarantining an animal, or holding an animal pursuant to any statute or municipal ordinance that authorizes the detention or seizure of an animal;

(9) “Indoor Pen” means a completely enclosed area inside a dog pound building to be used for shelter by an impounded dog;

(10) “Indoor Run” means an area inside a completely enclosed dog pound to be used for shelter and exercise by an impounded animal;

(11) “Outdoor Run” means an incompletely enclosed area adjacent to a dog pound to be used for exercise by an impounded animal;

(12) “Primary Enclosure” means any indoor structure or device used to restrict an animal or animals to a limited amount of space, such as a room, cage, or compartment;

(13) “Renovate” means to construct, add to, or change the size, construction or composition of indoor pens, indoor runs and outdoor runs, primary enclosures, fences, floors, heating system, water supply system, waste disposal system, or any other physical component of a dog pound;

(14) “Renovation” means the construction of, addition to, or change in the size, construction or composition of indoor pens, indoor runs and outdoor runs, primary enclosures, fences, floors, heating system, water supply system, waste disposal system, or any other physical component of a dog pound; and

(15) “Sanitary” means healthy, clean and free from infective and deleterious influences.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-32 Dog Pound Facility Requirements

Each city or town that provides and maintains a dog pound shall meet the requirements of this section and sections 22-336-33 to 22-336-42, inclusive, of the Regulations of Connecticut State Agencies. Each city or town that provides for a dog pound in a building with a licensed veterinarian, or in a licensed veterinary hospital, licensed commercial kennel, a dog pound maintained by another city or town, or in a suitable building approved by the Commissioner, shall hold all necessary licenses, and permits for that designated type of facility, and comply with this section and sections 22- 336-33 to 22-336-42, inclusive, of the Regulations of Connecticut State Agencies.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-33 Dog Pound Structure Requirements

(a) A dog pound shall be structurally sound, comply with all applicable building code requirements, and be maintained in good repair to prevent injury to dogs, cats, and other domestic animals, to contain the dogs, cats, and other domestic animals, and to restrict the entrance of other animals.

(b) Whenever a new dog pound is to be constructed or whenever an existing dog pound is renovated, the city or town shall submit a copy of the floor plan, containing all necessary local and state approvals, to the commissioner, not later than ninety (90) days prior to the anticipated date upon which construction or renovation will commence. Such floor plan shall include the purpose and dimensions for each room, the dimensions for each indoor run, outdoor run, and primary enclosure, the location of drains, a description of wall, floor and ceiling materials and finishes, the location of entrances and exits, and a description of the heating and ventilation systems. The floor plan shall be reviewed by the commissioner for conformance with the requirements for a dog pound under section 22-336 of the Connecticut General Statutes, and sections 22-336-32 to 22- 336-42, inclusive, of the Regulations of Connecticut State Agencies within forty-five (45) days with written notification of approval or disapproval provided to the applicant. Nothing in this section shall supersede or substitute for approvals required by any local, state or federal law.

(c) Dog pound walls and floors shall be constructed of impervious surfaces, including, but not limited to, tile, sealed cement or concrete block treated with epoxy paint, that can be cleaned and disinfected.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-34 Primary Enclosures and Exercise Areas

(a) The provisions of this section shall apply to dog pounds on and after January 1, 2029, provided if a new construction or renovation of a dog pound commences on or after January 1, 2024, but prior to January 1, 2029, such dog pound shall comply with the provisions of this section not later than (1) the date of completion of such new construction or renovation, or (2) January 1, 2029, whichever is earlier.

(b) A primary enclosure shall be provided for each dog or other domestic animal, excluding any cats, and shall be of sufficient size and design as to allow each dog or other domestic animal to stand, sit, lie down, turn around, and make other normal postural adjustments without obstruction, interference, or impediment by the presence of food, water bowls, equipment, or other animals, unless different space requirements are medically required by a Connecticut licensed veterinarian.

(c) A primary enclosure for each dog shall meet the following minimum criteria:

(1) For dogs weighing not more than twenty-five (25) pounds, five (5) square feet per dog; for dogs weighing more than twenty-five (25) pounds but not more than forty-five (45) pounds, nine (9) square feet per dog; and for dogs weighing more than forty-five (45) pounds, sixteen (16) square feet per dog; or provide space equal to or more than the space requirements for dogs pursuant to 9 CFR 3.6(a)(2)(xi) and 9 CFR 3.6(c)(1), as amended from time to time;

(2) Walls shall be constructed up to a minimum height of six (6) feet, with the lower four (4) feet and floors being constructed of impervious surfaces, such as tile, sealed cement or concrete block treated with epoxy paint, that can be cleaned and disinfected;

(3) All fencing shall not exceed a maximum one and one-half (1.5) inch wire mesh by eleven (11) minimum wire gauge to contain dogs and installed in a manner to prevent injury; and

(4) Ceilings shall be cleaned and kept free of accumulated dust and debris.

(d) An exercise area shall be provided for each dog, and shall meet the following minimum criteria:

(1) An indoor run or outdoor run shall be provided, and shall be not less than thirty-six (36) inches wide for a dog weighing not more than forty-five (45) pounds, and forty-eight (48) inches wide for a dog weighing more than forty-five (45) pounds, or twice the number of square feet of the required primary enclosure area pursuant to subsection (b)(1) of this section, if a dog is individually housed; or an area equal to the number of dogs multiplied by the required primary enclosure area, if housed as a group. The minimum length of a run shall be eight (8) feet.

(2) Walls between each indoor run or outdoor run shall extend the entire length of the run, and shall be constructed up to a minimum height of six (6) feet, with the wall being constructed of solid partition dividers between each run, from the floor to a height of at least four (4) feet.

(3) The solid partition dividers and floors of indoor runs and outdoor runs shall be constructed of impervious surfaces, such as tile, sealed cement or concrete block treated with epoxy paint, that can be cleaned and disinfected.

(4) Outdoor runs shall be covered by a permanent roof of suitable material to protect the runs from snow, rain and excessive sunlight and a barrier shall be provided between the top of the runs and the permanent roof to prevent the escape of dogs.

(5) The doorways between a primary enclosure and an outdoor run shall be offset from center to provide adequate space for resting surfaces to be placed in the primary enclosure.

(6) Outdoor runs for dogs, if provided, shall: (A) have sufficient drainage that prevents the accumulation of stagnant water, (B) be surrounded by fencing, with a minimum height of six (6) feet, to prevent escape of any dog, and (C) be kept in a safe and sanitary condition. The surface of outdoor runs shall be replaced, when necessary, in order to maintain a sanitary condition.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-35 Ventilation

A dog pound shall provide mechanical ventilation sufficient to minimize odor, ammonia levels, disease transmission risk, and stress on each dog, cat, and other domestic animal.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-36 Lighting

In all areas where animals are housed, a dog pound shall have ample well-distributed light by natural or artificial means, or both, providing for a minimum of eight (8) hours of light in each twenty-four (24) hour period, except where contraindicated for health reasons. Primary enclosures shall be so placed as to protect animals from excessive illumination except for those species which require it.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-37 Animal Health

(a) Each dog, cat, or other domestic animal shall be provided with food that is wholesome, palatable, free from contamination, and of sufficient quantity and nutritive value to maintain animals in good health. Each dog, cat, and other domestic animal shall be fed at least once a day, including weekends and holidays, except as dictated by hibernation, veterinary treatment, normal fasts, or other commonly accepted practices recognized by professionals who are experts in the care of the animals concerned. Sexually immature animals shall be fed at least two times per day. Food receptacles shall be cleaned and disinfected. If disposable food receptacles are used, they shall be discarded after each feeding. Food shall be stored in facilities which adequately protect food and supplies against deterioration, molding or contamination by vermin or insects.

(b) Potable water shall be provided at all times to each dog, cat, and other domestic animal in accordance with its needs, except as directed by hibernation, veterinary treatment, or other commonly accepted practices recognized by professionals who are experts in the care of the animals concerned. Water containers shall be designed and of sufficient number to provide and dispense adequate quantities of water for the animal or animals intended to use such containers, and shall be placed in such a way as to prevent spillage. Water containers shall be cleaned and disinfected at least once each day, except that sipper-tube type water bottles, if used, shall be cleaned and disinfected prior to an animal being placed in an enclosure.

(c) Each dog pound shall have on file the name, email address and phone number of a Connecticut licensed veterinarian retained to provide veterinary care for each dog, cat, and other domestic animal, when necessary. Each dog pound shall follow the advice of the Connecticut licensed veterinarian.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-38 Sanitation

(a) All dog pounds, grounds, indoor runs and outdoor runs, primary enclosures, and any place where a dog, cat, or other domestic animal is kept shall be maintained in a sanitary manner to minimize the harborage, breeding and attraction of insects and vermin. Trash and food containers shall be kept closed or covered when not in use.

(b) Walls, floors and ceilings shall be kept clean. Primary enclosures, indoor runs and outdoor runs and all hard surfaces shall be cleaned and disinfected, and maintained in a sanitary manner.

(c) Primary enclosures and runs shall be cleaned and disinfected before use by another dog, cat or other domestic animal. Chemical disinfectants shall be stored according to the manufacturer’s directions. Chemical disinfectants that are used shall be labeled as effective in eliminating viruses and bacteria detrimental to canines such as canine parvovirus.

(d) All dog pounds shall be supplied with a sufficient amount of hot running water for the purpose of maintaining proper sanitary conditions.

(e) All removable resting surfaces, furniture-type fixtures, equipment, or objects within the dog pound shall be constructed in a manner or made of materials that allow them to be cleaned and disinfected, or removed or replaced when worn or soiled.

(f) Excreta and all food waste shall be removed as often as necessary, but at a minimum, at least once daily, from all primary enclosures, indoor runs and outdoor runs. Excreta and all food waste shall be disposed of in a sanitary manner.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-39 Removal of Mortalities

Animal mortalities shall be immediately removed from the primary enclosure and isolated from all other animals. Mortalities with an unknown cause of death associated with an investigation concerning animal neglect, animal abuse or a suspected disease incident shall be necropsied at the Connecticut Veterinary Diagnostic Laboratory or by a Connecticut licensed veterinarian to determine the manner and cause of death. Mortalities that cannot be transported for necropsy, diagnostic testing or disposal by cremation or burial within four (4) hours of death shall be preserved in a properly operating refrigerator at a temperature of not more than forty (40) degrees Fahrenheit or four and forty-four one- hundredths (4.44) degrees Celsius or freezer at a temperature of not more than thirty-two (32) degrees Fahrenheit or zero (0) degrees Celsius until such time as the animal is transferred for purposes of necropsy, diagnostic testing or disposal by cremation or burial.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-40 Quarantined Animals; Isolation Areas

(a) A dog pound shall have at least one isolation area, and at least one additional isolation area for every ten (10) primary enclosures. An isolation area for a dog shall consist of a primary enclosure and an indoor run or an outdoor run. An isolation area for a cat shall consist of a primary enclosure. If the isolation area at a dog pound is insufficient to hold all quarantined animals, the dog pound shall follow the recommendations of the veterinarian it has retained to isolate the animals.

(b) Isolation areas shall be constructed to prevent transmission of any disease between animals, and prevent public interaction with the isolated animals.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-41 Dog Pound Records, Health Requirements, Emergency Plan

(a) Dog pounds shall maintain records of each dog, cat, or other domestic animal impounded for two (2) years from the date it was released with at least the following minimum information:

(1) Name and address of the owner or person responsible for the animal, if known, the date of entry, the date of release, and the name, address, phone number and email address of the person who took custody of the animal when it was released;

(2) Description and name of the animal, including the breed, sex, age, color marking or markings, identification device information, such as radio frequency identification device information, if available, tag information, and notes concerning any obvious injury or illness;

(3) Description of veterinary care, if provided, which shall include the date, time, name of and dosage of any medication provided, and name of the person administering any product or procedure; and

(4) If such animal is a dog, documentation confirming that the person who redeemed such dog presented a license and tag for such dog pursuant to section 22-333 of the Connecticut General Statutes, or obtained a temporary license for such dog pursuant to section 22-339a of the Connecticut General Statutes. If such person obtained a temporary license, documentation shall be included confirming that such person was notified in writing of the requirement that such person obtain a license for such dog pursuant to section 22-333 of the Connecticut General Statutes.

(b) The records required by subsection (a) of this section shall be maintained at the dog pound, and shall be readily available for inspection by the commissioner, or the commissioner’s designated agent.

(c) Each dog pound shall have on file a written emergency plan describing procedures for responding to both natural and man-made disasters, such as fires, floods, extreme weather conditions, power failures, utility disruptions and chemical and toxic spills. The emergency plan shall include procedures for training staff about disaster preparedness, staff’s specific responsibilities during a disaster, relocation procedures (if appropriate), and procedures for contacting appropriate emergency response agencies and owners of animals impounded by the dog pound, if such owners are known.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-42 Transportation

Each dog, cat or other domestic animal transported by an animal control officer shall be transported in an enclosed vehicle. Vehicles used to transport a dog, cat or other domestic animal shall be structurally sound and maintained in good repair to prevent injury to each dog, cat and other domestic animal carried therein.

History

• Effective December 13, 2023

Regs., Conn. State Agencies § 22-336-43 --- 22-336-50. Reserved

Sec. 22-336-43. --- 22-336-50. Reserved.

History

• Effective December 13, 2023

22-344 Operations and Maintenance of Commercial Kennels

Regs., Conn. State Agencies § 22-344-1 Condition of facilities (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-2 Floors. Walls. Ceilings (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-3 Runs. Inside pens (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-4 Lighting. Sunlight (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-5 Water facilities (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-6 Ventilation (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-7 Kennel temperature (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-8 Sanitation (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-9 Removal and disposal of excreta (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-10 Segregation of dogs (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-11 Isolation facilities (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-12 Segregation of puppy litters (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-13 Cages (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-14 Shelter from inclement weather (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-15 Water and food supplies (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-15a Facility for housing dogs for training (Repealed)

Repealed November 9, 2021.

History

• Effective August 1, 1983; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-15b Posting for public safety (Repealed)

Repealed November 9, 2021.

History

• Effective August 1, 1983; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-15c Outside training facilities (Repealed)

Repealed November 9, 2021.

History

• Effective August 1, 1983; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-15d Gates and entrances to a facility (Repealed)

Repealed November 9, 2021.

History

• Effective August 1, 1983; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-15e Control of noise (Repealed)

Repealed November 9, 2021.

History

• Effective August 1, 1983; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-15f Prohibited training procedures (Repealed)

Repealed November 9, 2021.

History

• Effective August 1, 1983; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-16—22-344-19 (Repealed)

Repealed April 26, 1989.

Regs., Conn. State Agencies § 22-344-20—22-344-21 (Repealed)

Repealed December 4, 1973.

Regs., Conn. State Agencies § 22-344-22—22-344-24 (Repealed)

Repealed April 26, 1989.

Regs., Conn. State Agencies § 22-344-25 (Repealed)

Repealed December 4, 1973.

Regs., Conn. State Agencies § 22-344-25a—22-344-25b (Repealed)

Repealed April 26, 1989.

Regs., Conn. State Agencies § 22-344-16a Structural standards (Repealed)

Repealed November 9, 2021.

History

• Effective April 26, 1989; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-17a Enclosures (Repealed)

Repealed November 9, 2021.

History

• Effective April 26, 1989; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-18a Housing facilities—temperatures (Repealed)

Repealed November 9, 2021.

History

• Effective April 26, 1989; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-19a Lighting (Repealed)

Repealed November 9, 2021.

History

• Effective April 26, 1989; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-20a Animal health (Repealed)

Repealed November 9, 2021.

History

• Effective April 26, 1989; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-21a Prohibited sales (Repealed)

Repealed November 9, 2021.

History

• Effective April 26, 1989; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-25c Records (Repealed)

Repealed November 9, 2021.

History

• Effective May 23, 1988; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-26 Room requirements (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-27 Walls. Ceilings. Floors (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-28 Grooming equipment (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-29 Drying cages (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-30 Exercise area. Keeping dogs overnight (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-31 Sanitation of grooming and exercise areas (Repealed)

Repealed November 9, 2021.

History

• Effective January 6, 1970; Repealed November 9, 2021

Regs., Conn. State Agencies § 22-344-32 Definitions

As used in this section and sections 22-344-33 to 22-344-90, inclusive, of the Regulations of Connecticut State Agencies:

(1) “CFR” means the Code of Federal Regulations;

(2) “Clean” means the thorough removal of organic material and debris;

(3) “Commissioner” means the Commissioner of Agriculture;

(4) “Department” means the Department of Agriculture;

(5) “Disinfect” means a process that will eliminate pathogens, including Canine parvovirus, in a given area through the treatment of a clean surface with an approved chemical while following the manufacturer’s label directions, or by the application of hot water of not less than one-hundred-eighty (180) degrees Fahrenheit or eighty-two and two-tenths (82.2) degrees Celsius; and

(6) “Primary enclosure” means any structure or device used to restrict an animal or animals to a limited amount of space, such as a room, pen, cage, or compartment.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-33 Condition of Commercial Kennel Facilities

(a) Facilities for housing dogs and cats shall be structurally sound and shall be maintained in good repair to prevent injury to the dogs and cats, to contain the dogs and cats and to restrict the entrance of other animals.

(b) Outdoor group exercise areas for dogs, if provided, shall: (1) have sufficient drainage that prevents the accumulation of stagnant water; (2) have fencing, with a minimum height of six (6) feet, to prevent escape of any dog, and (3) be kept in a safe and sanitary condition. The surface of outdoor group exercise areas shall be kept in a sanitary condition. The surface of outdoor group exercise areas shall be replaced when necessary in order to maintain a sanitary condition.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-34 Commercial Kennel Facilities - Walls, Ceilings, and Floors

Commercial kennel walls and floors shall be constructed of impervious surfaces, including, but not limited to, tile, sealed cement or concrete block treated with epoxy paint, that can be cleaned and disinfected. Ceilings shall be kept clean and free of accumulated dust and debris.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-35 Commercial Kennel Facilities - Runs, Inside Primary Enclosures and Exercise areas

(a) All primary enclosures for dogs and cats shall be indoors.

(b) Primary enclosures shall be provided for each dog, and shall be of sufficient size and design as to allow each dog to stand, sit, lie down, turn around, and make other normal postural adjustments without obstruction, interference, or impediment by the presence of food, water bowls, equipment, or other animals, unless different space requirements are medically required by a Connecticut licensed veterinarian, and shall meet the following minimum space criteria:

(1) For dogs weighing not more than twenty-five (25) pounds, five (5) square feet per dog; for dogs weighing more than twenty-five (25) pounds but not more than forty-five (45) pounds, nine (9) square feet per dog; and for dogs weighing over forty-five (45) pounds, sixteen (16) square feet per dog; or

(2) Provide space equal to or more than the space requirements for dogs pursuant to 9 CFR 3.6(a)(2)(xi) and 9 CFR 3.6(c)(1), as amended from time to time.

(3) Dogs shall not share a same primary enclosure, except dams or foster dams and their puppies, or dogs owned by the same individual, with the owner’s written consent.

(c) Exercise areas shall be provided for each dog, and shall meet the following minimum criteria:

(1) Inside or outside runs shall be provided and shall be not less than thirty-six (36) inches wide for a dog weighing not more than forty-five (45) pounds, and forty-eight (48) inches wide for a dog weighing more than forty-five (45) pounds. The minimum length of runs shall be ten (10) feet;

(2) Two (2) times the area provided for in subsection (b)(2) of this section if individually housed; or

(3) An area equal to the number of dogs multiplied by the area provided for in subsection (b)(2) of this section, if housed as a group.

(d) Primary enclosures shall be provided for each cat with space equal to or more than the space requirements for cats pursuant to 9 CFR 3.6(a) and 9 CFR 3.6(b), as amended from time to time.

(e) Whenever dogs or cats are kept in groups the following shall apply:

(1) Females in heat (estrus) shall not be kept with males, except for breeding purposes;

(2) Any dog or cat exhibiting a vicious or aggressive disposition shall be kept separately; and

(3) Puppies or kittens four (4) months of age or less shall not be kept with adult dogs or cats other than their dams or foster dams.

(f) Commercial kennels which keep dogs only during daytime hours shall comply with the following space requirements for primary enclosures and exercise areas:

(1) Subsections (b) and (c) of this section; or

(2) Subsection(c)(3) of this section.

(3) In all events, subsections (a), (e) and (g) of this section shall be complied with.

(g) Any dog or cat that has or is suspected of having a contagious disease shall be isolated from and have no nose to nose contact with healthy animals. Any dog or cat that has or is suspected of having a contagious disease shall be examined, treated and handled as directed by a Connecticut licensed veterinarian.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-36 Commercial Kennel Facilities - Ventilation, Temperature

A commercial kennel shall meet the following minimum standards with respect to indoor ventilation and temperature:

(a) A commercial kennel shall provide mechanical ventilation sufficient to minimize odor, ammonia levels, disease transmission risk, and stress on the dogs and cats; and

(b) A commercial kennel shall provide a mechanical heating and cooling system of appropriate design and capacity, to maintain an indoor ambient temperature of between fifty-five (55) and eighty (80) degrees Fahrenheit, unless other temperatures are medically required by a Connecticut licensed veterinarian.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-37 Commercial Kennel Facilities - Sanitation

(a) All buildings, grounds, runs, pens, primary enclosures, exercise areas and any place where dogs or cats are kept shall be maintained in a sanitary manner to minimize the harborage, breeding or attraction of insects or vermin. Trash and food containers shall be kept closed or covered when not in use.

(b) All removable resting surfaces, furniture-type fixtures, equipment or objects within the facility shall be constructed in a manner or made of materials that allow them to be cleaned and disinfected, or removed or replaced when worn or soiled.

(c) Excreta and all food waste shall be removed as often as necessary, but at a minimum, at least once daily, from all runs, primary enclosures, and exercise areas. Runs and all hard surfaces shall be clean and disinfected, and maintained in a sanitary manner. Excreta and all food waste shall be disposed of in a sanitary manner.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-38 Commercial Kennel Records, Health Requirements

(a) Commercial kennels shall maintain records of all dogs and cats for two (2) years with at least the following minimum information:

(1) Name and address of the owner or person responsible for the animal, the date of entry, and the date of release;

(2) Description of the animal including the breed, sex, age and color marking;

(3) Veterinary care if provided, which shall include the date, time, name of and dosage of any medication provided, and name of the person administering any product or procedure; and

(4) Proof of a current rabies vaccination and town license for dogs.

(b) The records required by subsection (a) of this section shall be maintained at the commercial kennel, and shall be readily available for inspection by any designated agent of the commissioner.

(c) Each commercial kennel licensee shall have on file at his or her place of business, a written emergency plan describing procedures for both natural and man-made disasters such as a fire, flood, extreme weather conditions, power failure or utility disruptions and chemical or toxic spills. The emergency plan shall include procedures for training staff about disaster preparedness, staff’s specific responsibilities during a disaster, relocation process (if appropriate), and contacting appropriate emergency response agencies and owners of animals in the care and custody of the licensee.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-39 Reserved

Sec. 22-344-39. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-40 Reserved

Sec. 22-344-40. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-41 Reserved

Sec. 22-344-41. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-42 Reserved

Sec. 22-344-42. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-43 Reserved

Sec. 22-344-43. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-44 Reserved

Sec. 22-344-44. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-45 Pet Shop Structural Standards

The facilities for housing animals shall be structurally sound and shall be maintained in good repair to prevent injury to the animals. All buildings, premises, and surfaces that come in contact with animals shall be maintained in a sanitary manner. Equipment shall be available for the proper storage or disposal of waste material to control vermin, insects and noxious odors. Pet shops shall take effective measures to control and prevent the infestation of animals or premises with external parasites, insects, and vermin. The burning of any excreta, bedding or debris on the premises is prohibited.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-46 Pet Shop Enclosures

(a) Enclosures for all animals shall be suited to the species of animals, structurally sound and maintained in good repair to protect animals from injury and escape. Enclosures shall be constructed and maintained so as to enable the animals to remain clean and dry when appropriate for the species. All animals shall be kept in proper enclosures, except when cleaning such enclosures, exhibiting animals, and providing veterinary care. Birds acclimated to open perches shall be exempt from the enclosure requirement.

(b) Walls and floors of enclosures shall be constructed of nonabsorbent, nonporous materials impervious to moisture. If wire or grid flooring is used it shall be made of galvanized, stainless steel, or plastic coated wire and be of adequate gauge to support the animals without sagging and to prevent the animals’ feet from passing through the openings. Enclosures in current use shall be cleaned and disinfected daily or more often, if necessary, to maintain a sanitary condition.

(c) Each animal shall be provided with sufficient space to turn about freely and easily stand, sit or lie in a comfortable natural position. Animals that are group housed shall be maintained in compatible groups. No female dog or cat in season (estrus) shall be housed in the same primary enclosure with male animals.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-47 Pet Shop Housing Facilities Temperatures, Ventilation

(a) Pet shops shall be sufficiently heated and cooled to protect animals from the heat and cold, and to provide for their health and comfort at all times. The temperature of the air surrounding animals shall be maintained, under normal conditions, at a minimum of sixty-five (65) degrees Fahrenheit and a maximum of seventy-eight (78) degrees Fahrenheit, except for those species of animals which require higher temperatures. Animals shall be provided protection from the direct rays of the sun by means of physical screening or barriers, or similar methods, to prevent overheating.

(b) Housing for animals shall be adequately ventilated in such a manner as to minimize drafts, offensive odors and moisture condensation and to provide for the health and comfort of the animals at all times. Ventilation shall be deemed adequate only if mechanical ventilation, such as exhaust fans, exhaust vents or air conditioning is provided and operating properly.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-48 Pet Shop Lighting

Pet shop facilities housing animals shall have ample well-distributed light by natural or artificial means, or both, providing a minimum of thirty (30) lumens for a minimum of eight (8) hours in each twenty-four (24) hour period, except where contraindicated for health reasons. Enclosures shall be so placed as to protect animals from excessive illumination except for those species which require it.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-49 Pet Shop Animal Health

(a) Animals shall be provided with food that is wholesome, palatable, free from contamination, and of sufficient quantity and nutritive value to maintain animals in good health. Animals, other than certain reptiles which according to normal husbandry practices for their species are not fed at least once daily, shall be fed at least once a day, including weekends and holidays, except as dictated by hibernation, veterinary treatment, normal fasts, or other commonly accepted practices recognized by professionals who are expert in the care of the animals concerned. In the case of sexually immature animals, they shall be fed at least two times per day, except when continuous self-feeders are provided. Feeding pans shall be disinfected daily. Self-feeders may be used for the feeding of dry food provided they are cleaned and disinfected regularly to prevent molding or caking of food. If disposable food receptacles are used, they shall be discarded after each feeding. Food shall be stored in facilities which adequately protect food and supplies against deterioration, molding or contamination by vermin or insects.

(b) Potable water shall be provided at all times to each animal in accordance with its needs, except as directed by hibernation, veterinary treatment, or other commonly accepted practices recognized by professionals who are expert in the care of the animals concerned. Water containers shall be designed and of sufficient number to provide and dispense adequate quantities of water for the particular species and shall be placed in such a way as to prevent spillage. Water containers shall be cleaned and disinfected at least once each day, except that sipper-tube type water bottles, if used, shall be kept clean and disinfected, and shall be cleaned and disinfected prior to an animal being placed in an enclosure.

(c) All dogs and cats received for resale shall be housed, separate from other dogs and cats on the premises for a minimum of forty-eight (48) hours before being released to a purchaser. Each animal shall be observed daily by the licensee or such licensee’s representative in order to recognize general symptoms of injury, illness or disease. Any dog or cat that exhibits symptoms of injury, illness or disease shall be isolated and treated as prescribed by a veterinarian. Any such dog or cat shall be verified by a veterinarian to be healthy before such dog or cat is offered for sale in accordance with section 22-344b(a) of the Connecticut General Statutes.

(d) Each pet shop shall consult with a Connecticut licensed veterinarian to determine the place and period of time necessary for exercise for dogs confined in cages. Dogs confined in cages shall be removed at least once daily for exercise. Each pet shop shall follow the advice of the Connecticut licensed veterinarian.

(e) Each pet shop licensee shall have on file at such licensee’s place of business, a written emergency plan describing procedures for both natural and man-made disasters such as a fire, flood, extreme weather conditions, power failure or utility disruptions and chemical or toxic spills. The emergency plan shall include procedures for training staff about disaster preparedness, staff’s specific responsibilities during a disaster, relocation process (if appropriate), and contacting appropriate emergency response agencies.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-50 Pet Shop Prohibited Sales

The exhibition, sale or offer for sale by a pet shop of any of the following listed animals is prohibited:

(1) Chicks, ducks or other poultry, unless licensed under section 22-326s of the Connecticut General Statutes;

(2) Foxes (Urocyon eineroarg-enteus; Vulpes fulva);

(3) Raccoons (Procyon Lotor);

(4) Skunks (Mephitis);

(5) Venomous reptiles;

(6) Venomous amphibians;

(7) Venomous arachnids;

(8) Turtles, except those sold or offered for sale in accordance with section 19a-36 or section 26-78 of the Connecticut General Statutes, and section 19a-36-A46 of the Regulations of Connecticut State Agencies;

(9) Monk or Quaker Parakeets (Myiopsitta Monachus);

(10) All animals listed under section 26-40a of the Connecticut General Statutes as potentially dangerous wild animals; and

(11) Any animal which exhibits:

(A) Obvious signs of infectious disease such as upper respiratory infection, distemper, parvovirus, coronavirus, hepatitis, leptospirosis, rabies or other similar diseases (not to be construed to include incubating diseases);

(B) Obvious signs of nutritional disease which may include rickets and emaciation;

(C) Obvious signs of severe parasitism—extreme enough to be influencing its general health; or

(D) Fractures or congenital abnormalities affecting its general health.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-51 Pet Shop Records

(a) The owner or operator of a pet shop shall maintain the following records regarding each dog or cat obtained by the pet shop:

(1) Name and address of the person, firm or corporation from whom the animal was obtained, the date thereof and the United States Department of Agriculture (USDA) dealer license number if applicable;

(2) Description of the dog or cat, including the species, breed, sex, color and distinctive markings, physical condition and health, age and the USDA animal identification number, if applicable;

(3) Name and address of the person, firm or corporation to whom such dog or cat was sold or ownership was transferred and the date thereof;

(4) Disposition of the dog or cat, if not sold or transferred, including euthanasia and the method, mortality and cause, if known, escape, or other specific circumstance, and the date thereof;

(5) For each dog or cat receiving medical care, the type of service rendered, date and veterinarian’s name; and

(6) If applicable, the USDA interstate and international certificate of health examination for dogs and cats, or equivalent official form of this state or the state of origin.

(b) The information required by subsections (a)(1) and (a)(2) of this section shall be entered into a bound logbook with all pages consecutively numbered, or an electronic record system, not later than seventy-two (72) hours after receipt of the dog or cat. The information required by subsections (a)(3) to (a)(5), inclusive, of this section shall be entered into such logbook or electronic record system not later than seventy-two (72) hours after the event which is being recorded. Any entry in such logbook which is not adjacent to the original entry describing the animal shall refer to such original entry, in order to track the animal’s disposition and care.

(c) The records required by subsection (a) of this section shall be maintained at the pet shop for a minimum of two years after the date of sale, transfer or other disposition of the dog or cat addressed by the record, and shall be readily available for inspection and copying by any designated agent of the commissioner.

(d) Pet shops shall retain a record of the name and address of any purchaser of any red-eared slider turtle with distinctive aberrant color patterns, including albino or amelanistic specimens, on a form prescribed by the commissioner.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-52 Reserved

Sec. 22-344-52. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-53 Reserved

Sec. 22-344-53. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-54 Reserved

Sec. 22-344-54. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-55 Grooming Facility Room Requirements

Any grooming facility established in a residence shall be in a room, separate from living quarters, at least one hundred forty-four (144) square feet in size, with a separate outside entrance. Sufficient lighting shall be provided by either natural or artificial means or a combination of both sufficient for the inspection of the animals, routine cleaning and sanitation, and proper animal care. Sufficient ventilation shall be provided to ensure the health and comfort of the animal kept at the facility.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-56 Grooming Facility Walls, Ceilings, and Floors

The walls and ceiling of the facility shall be painted, paneled or of other easily cleaned, water-impervious materials. Floors shall be covered with a non-toxic, easily cleaned, water-impervious material.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-57 Grooming Facility Grooming equipment

Each grooming facility shall be equipped with at least the following: a bathing tub, a grooming table, hot and cold running water, a dryer, clippers, combs, brushes and shears. All equipment shall be sterilized after each use and kept in a sanitary manner.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-58 Grooming Facility Drying cages

Drying cages shall be kept cleaned and disinfected and shall be of sufficient size to contain the dog while drying.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-59 Grooming Facility Exercise area. Keeping dogs overnight

There shall be an indoor or outdoor exercise area for dogs being detained for grooming for periods exceeding four (4) hours, measuring at least three (3) feet by eight (8) feet, with covered top provided. Dogs shall not be kept overnight, unless the grooming facility is also licensed as a commercial kennel.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-60 Grooming Facility Sanitation of grooming and exercise areas

The grooming area and any required exercise area shall be kept cleaned and disinfected at all times.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-61 Reserved

Sec. 22-344-61. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-62 Reserved

Sec. 22-344-62. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-63 Reserved

Sec. 22-344-63. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-64 Reserved

Sec. 22-344-64. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-65 Training Facility - Facility for housing dogs for training

Any facility for housing dogs for training shall comply with the provisions of sections 22-344-33 to 22-344-38, inclusive, of the Regulations of Connecticut State Agencies and the training facility shall be separate from any residence or living quarters.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-66 Training Facility - Posting for public safety

For reasons of public safety, the building or area in which a guard or attack dog is located shall be posted with bilingual (English and Spanish) or visual guard dog signs that are at least eight (8) inches by twelve (12) inches in size. Such signs shall not be more than two-hundred (200) feet apart, and shall be at all property corners and at every entrance into such building and area.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-67 Training Facility - Outside training facilities

If guard or attack dogs are located outside a facility or a building, the area shall be enclosed by at least a six (6) foot secure chain link fence.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-68 Training Facility - Gates and entrances to a facility

All gates and entrances to a facility where guard or attack dogs are housed, used or trained shall be kept secured to prevent escapes and ensure public safety.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-69 Training Facility - Control of noise

In order to control noise, a physical sight barrier shall be installed in such a manner, and of such dimensions, as to break the dog’s line of sight of any off-premises location or activity.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-70 Training Facility - Prohibited training procedures

Any type of training that would detrimentally affect the dog’s health, safety or welfare, or the welfare of the public is prohibited. The following procedures are specifically forbidden:

(1) Use of electronic training collars in a manner inconsistent with the manufacturer’s guidelines and instructions for such devices;

(2) Use of electronic prods, and similar devices;

(3) Kicking, beating, hanging or any other kind of physical abuse; and

(4) Withholding of food, water, or housing in order to promote aggression.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-71 Reserved

Sec. 22-344-71. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-72 Reserved

Sec. 22-344-72. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-73 Reserved

Sec. 22-344-73. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-74 Reserved

Sec. 22-344-74. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-75 Animal Importer Minimum Standards of Animal Care

An animal importer shall comply with the following standards of care when transporting a dog or cat anywhere within this state:

(a) The dog or cat shall be contained in a primary enclosure such as a compartment, transport cage, carton, or crate. Primary enclosures used to transport a dog or cat shall be constructed so that:

(1) The primary enclosure is strong enough to contain each dog or cat securely during transportation;

(2) The interior of the primary enclosure has no sharp points or edges and no protrusions that could injure the animal contained in it;

(3) The dog or cat is at all times securely contained within the enclosure and cannot put any part of its body outside the enclosure in a way that could result in injury to itself, to handlers, or to persons or animals nearby;

(4) The dog or cat can be easily and quickly removed from the enclosure in an emergency;

(5) Unless the enclosure is permanently affixed to the transport vehicle, adequate devices such as handles or handholds are provided on its exterior, and enable the enclosure to be lifted without tilting it, and ensure that anyone handling the enclosure will not come into physical contact with the animal contained inside;

(6) Unless the enclosure is permanently affixed to the transport vehicle, it is clearly marked on top and on one or more sides with the words “Live Animals,” in letters at least one (1) inch (2.5 centimeters) high, and with arrows or other markings to indicate the correct upright position of the primary enclosure;

(7) Any material, treatment, paint, preservative, or other chemical used in or on the enclosure is nontoxic to the animal and not harmful to the health or well-being of the animal; and

(8) The primary enclosure has a solid, leak-proof bottom or a removable, leak-proof collection tray under a slatted or mesh floor that prevents seepage of waste products, such as excreta and body fluids, outside of the enclosure. If a slatted or mesh floor is used in the enclosure, it shall be designed and constructed so that the animal cannot put any part of its body between the slats or through the holes in the mesh. Unless a dog or cat is on raised slatted floor or raised floor made of mesh, the primary enclosure shall contain enough safe and nontoxic absorbent material to absorb excreta.

(b) Primary enclosures used to hold or transport any dog or cat shall be cleaned and disinfected before each use. The interior of vehicles used to transport dogs and cats shall be kept clean. If the dogs or cats are held or in transit for more than twenty-four (24) hours, the enclosures shall be cleaned and any soiled absorbent material replaced, or other methods, such as moving the animals to another enclosure, shall be utilized to prevent the soiling of the dogs or cats by body wastes. If it becomes necessary to remove the dog or cat from the enclosure in order to clean, or to move the dog or cat to another enclosure, this procedure shall be completed in a way that safeguards the dog or cat from injury and prevents escape.

(c) A dog or cat shall be transported in the following manner:

(1) Any dogs or cats transported in the same primary enclosure shall be of the same species and be maintained in compatible groups;

(2) Puppies or kittens four (4) months of age or less shall not be transported in the same primary enclosure with adult dogs or cats other than their dams;

(3) Dogs or cats that are aggressive or exhibit a vicious disposition shall be transported individually in a primary enclosure;

(4) No female dog or cat in heat (estrus) shall be transported in the same primary enclosure with any male dog or cat;

(5) During vehicle transportation the temperature within the space where dogs or cats are held during transport shall not exceed eighty (80) degrees Fahrenheit or twenty-six and seven-tenths (26.7) degrees Celsius, or fall below fifty-five (55) degrees Fahrenheit or twelve and eight-tenths (12.8) degrees Celsius;

(6) Each dog and cat that is sixteen (16) weeks of age or more shall be offered food at least once every twenty-four (24) hours. Puppies and kittens less than sixteen (16) weeks of age shall be offered food at least once every twelve (12) hours. Each dog and cat shall be offered potable water at least once every four (4) hours; and

(7) The animal importer licensee, the operator of the transport vehicle, or a person accompanying the operator, shall observe each dog and cat not less than once every four (4) hours, to ensure compliance with this subsection and take such corrective action as may be necessary to comply with the provisions of this section.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-76 Reserved

Sec. 22-344-76. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-77 Reserved

Sec. 22-344-77. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-78 Reserved

Sec. 22-344-78. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-79 Reserved

Sec. 22-344-79. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-80 Animal Shelter Standards and Facility Requirements, phase-in date for certain subsections

The provisions of sections 22-344-80 to 22-344-82, inclusive, of the Regulations of Connecticut State Agencies shall apply to animal shelters that house dogs or cats.

(a) Animal shelter facilities shall meet or exceed the following minimum standards:

(1) All buildings and premises shall be kept in good repair and in a sanitary condition;

(2) Walls and floors shall be constructed of impervious surfaces such as tile, sealed cement or concrete block treated with epoxy paint that can be cleaned and disinfected. Ceilings shall be kept clean and free of accumulated dust and debris. All equipment used shall be free of rust;

(3) Carpeted flooring is prohibited in areas where animals are housed, treated, or fed;

(4) All removable resting surfaces, bedding, furniture-type fixtures, equipment or objects within the facility shall be constructed in a manner or made of materials that allow them to be cleaned and disinfected, or removed or replaced when worn or soiled.

(5) A washing area shall be provided with hot and cold running water dedicated to cleaning animals, and all of the equipment related to their care. The washing area shall be large enough to accommodate cleaning and disinfection of all items associated with the care of animals, including enclosures, removable resting surfaces, bedding, furniture-type fixtures, equipment, food bowls, water bowls, and toys;

(6) Natural or artificial illumination shall be maintained during daylight hours in all areas and rooms in which dogs and cats are kept. Natural or artificial illumination shall be well distributed and adequate to provide thorough observation of the facility and its enclosures, cages, and dogs and cats. Artificial illumination shall be available for non-daylight hours;

(7) Equipment shall be maintained and used in a way that ensures the proper and legal storage or disposal of wastes and potentially disease-contaminated material, such as, medical supplies, syringes, and needles;

(8) Effective control measures to prevent the infestation of animals and premises by external parasites, insects, or vermin shall be maintained at all times;

(9) Dog and cat food in original packaging shall be stored above the floor on clean racks, dollies or other clean surfaces, in such a manner as to protect from contamination. Unsealed bags of dog and cat food shall be stored in covered metal or covered heavy duty plastic containers, in such a manner as to protect from contamination; and

(10) Dog and cat cages or enclosures shall be equipped with a solid floor.

(b) Subdivisions (2), (3) and (4) of subsection (a) of this section shall be effective one year after the effective date of this section.

(c) Each animal shelter registrant shall have on file at his or her place of business, a written emergency plan describing procedures for both natural and man-made disasters such as a fire, flood, extreme weather conditions, power failure or utility disruptions and chemical or toxic spills. The emergency plan shall include procedures for training staff about disaster preparedness, staff’s specific responsibilities during a disaster, relocation process (if appropriate), and contacting appropriate emergency response agencies.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-81 Animal Shelter Ventilation and Temperature Standards, phase-in date for certain subsection

(a) Each animal shelter shall meet the following minimum standards with respect to ventilation and temperature:

(1) Each animal shelter shall provide mechanical ventilation sufficient to minimize odor, ammonia levels, disease transmission risk, and stress on the dogs and cats; and

(2) Each animal shelter shall provide mechanical heating and cooling systems of appropriate design and capacity to maintain an indoor ambient temperature of between fifty-five (55) and eighty (80) degrees Fahrenheit, unless other temperatures are medically required by a Connecticut licensed veterinarian.

(b) Subdivision (2) of subsection (a) of this section shall be effective one year after the effective date of this section.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-82 Animal Shelter Minimum Standards of Animal Care. Control of Rabies in Public Settings

(a) All facilities, enclosures, and other places where dogs and cats are kept by an animal shelter shall meet or exceed the following standards:

(1) Be of sufficient size and design as to allow each dog or cat to stand, sit, lie down, turn around, and make other normal postural adjustments without obstruction, interference, or impediment by the presence of food, water bowls, equipment, or other animals, unless different space requirements are medically required by a Connecticut licensed veterinarian. For the purposes of this section, facilities which provide space equal to or more than the space requirements for dogs pursuant to 9 CFR 3.6(a)(2)(xi) and 9 CFR 3.6(c)(1), as amended from time to time, shall be deemed to be in compliance with this requirement;

(2) Be cleaned and disinfected at least daily, always before introducing a new animal into the enclosure, and more often if necessary, to maintain sanitary conditions. Cages and enclosures shall be unoccupied during cleaning and disinfecting; and

(3) Provide shelter from the sun and inclement weather when animals are outside.

(b) On a daily basis, the animal shelter shall, with consideration of differences in species, breed, age, and condition, ensure that:

(1) Dogs and cats are kept clean and dry. No dog or cat shall be permitted to roam outside. No dog or cat shall be permitted outside unless they are acclimated to and can tolerate the climatic conditions likely to be encountered during the period of time they are outside. A working outdoor thermometer shall be available and used to monitor outdoor temperature;

(2) Veterinary care is provided by a Connecticut licensed veterinarian in a timely manner and that when necessary, immediate emergency veterinary care shall be provided;

(3) Medications and treatments shall only be administered under the advice or in accordance with written protocols provided by a Connecticut licensed veterinarian, and all medications shall be stored and administered in accordance with federal and state regulations;

(4) Dogs and cats diagnosed or under treatment for a communicable disease shall be physically separated from healthy animals to minimize the risk of disease transmission;

(5) Dogs and cats shall have unimpeded access to fresh, wholesome, nutritious food and clean potable drinking water at appropriate intervals, considering the breed, age and species of such animals;

(6) Uneaten food shall be discarded after twenty-four (24) hours and in no case shall food offered to one animal be subsequently offered to another animal;

(7) Dogs and cats shall be provided with appropriately sized clean and disinfected bowls, dishes, or other containers for food and water;

(8) Dogs and cats shall be kept clean, protected and free from contamination by excrement, urine, or other foreign matter;

(9) Dogs and cats shall be provided with enrichment and exercise to prevent physical atrophy, unless medically restricted by a Connecticut licensed veterinarian;

(10) Species of animals shall be separated by a physical wall or barrier that reduces sound transfer;

(11) Cats, if housed together, shall be housed in compatible groups without overcrowding;

(12) Litters of dogs and cats shall not be permanently separated from their dams before eight (8) weeks of age, unless medically necessary as determined by a Connecticut licensed veterinarian;

(13) Unneutered male dogs and cats over three (3) months of age shall be housed separately from female animals; and

(14) No cat or dog shall be sold, adopted, transferred, or offered for sale, adoption, or transfer that is under the age of eight (8) weeks.

(c) Each animal shelter shall comply with the requirements of section 22-359 of the Connecticut General Statutes, and the regulations adopted thereunder, related to the control of rabies in public settings.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-83 Reserved

Sec. 22-344-83. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-84 Reserved

Sec. 22-344-84. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-85 Reserved

Sec. 22-344-85. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-86 Reserved

Sec. 22-344-86. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-87 Reserved

Sec. 22-344-87. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-88 Reserved

Sec. 22-344-88. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-89 Reserved

Sec. 22-344-89. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-90 Application Procedures for Commercial Kennels, Pet Shops, Grooming Facilities, Training Facilities, and Animal Shelters

(a) An applicant for a commercial kennel, pet shop, grooming facility or training facility license and an applicant for registration for an animal shelter may request a pre-application inspection or review of plans. Such pre-inspection or plan review may be conducted by the commissioner or the commissioner’s designated agent, and the results, if any, shall be made available in writing to the applicant or registrant. Such pre-application inspection or plan review shall not be considered an approval of any license or registration, or to operate, nor shall it bind the commissioner or the commissioner’s designated agent.

(b) Initial applications for a commercial kennel, pet shop, grooming facility or training facility license and initial applications for registration of an animal shelter facility shall be made no less than thirty (30) days prior to the planned opening for the facility and shall contain the following information, on a form provided by the department:

(1) Legal name and any trade name of the commercial kennel, pet shop, grooming facility, training facility or animal shelter;

(2) Complete physical address of the commercial kennel, pet shop, grooming facility, training facility or animal shelter;

(3) Mailing address of the commercial kennel, pet shop, grooming facility, training facility or animal shelter;

(4) The name of the operator or manager of the commercial kennel, pet shop, grooming facility, training facility or animal shelter;

(5) The name of the principal owner or owners of the commercial kennel, pet shop, grooming facility, training facility or animal shelter;

(6) The business phone number;

(7) The name and phone number of a responsible person who may be reached during an emergency;

(8) The name, address and phone number of a person upon whom legal service may be made;

(9) Certification by the zoning enforcement official that the facility conforms to the zoning regulations of the municipality wherein the facility is located; and

(10) A copy of the floor plan which includes design capacity for each species housed in the facility, dimensions and depicts wash rooms, treatment areas, isolation areas, pens, runs, primary enclosures, walkways, mechanical rooms, common areas, exercise areas and building entrances.

(c) Facilities shall comply with all applicable state and local building, fire, electrical, zoning, and public health codes or ordinances.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-91 Reserved

Sec. 22-344-91. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-92 Reserved

Sec. 22-344-92. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-93 Reserved

Sec. 22-344-93. Reserved.

History

• Effective November 9, 2021

Regs., Conn. State Agencies § 22-344-94 Reserved

Sec. 22-344-94. Reserved.

History

• Effective November 9, 2021

22-349 Surveys for Unlicensed Dogs

Regs., Conn. State Agencies § 22-349-1 Notification to commissioner, forms

Prior to initiating a survey for unlicensed dogs, the selectman or chief executive officer or any other authority as the charter of any town may designate, must notify the Commissioner in writing of such intent to conduct a survey.

History

• Effective July 24, 1986

Regs., Conn. State Agencies § 22-349-2 Pre-search, procedure

A list of delinquent dog licenses shall be given to the dog warden from the town clerk by August 1st of the current license year. Said warden shall contact by telephone, mail or in person those individuals on the list to notify them of their delinquent status and requirement to license their dog(s).

History

• Effective July 24, 1986

Regs., Conn. State Agencies § 22-349-3 Search, procedure

A door-to-door search for unlicensed dogs shall be conducted within the town and a record of such search shall be kept by the dog warden on a form prescribed by the Commissioner. Said record shall be a part of the statement required in section 22-349-5 and subject to verification by the Commissioner or his designated agent.

History

• Effective July 24, 1986

Regs., Conn. State Agencies § 22-349-4 Definition

A door-to-door survey shall be deemed to have been conducted when twenty percent (20%) of the residences within a municipality have been contacted. Said survey shall not include those residences on the current license and delinquent license lists.

History

• Effective July 24, 1986

Regs., Conn. State Agencies § 22-349-5 Verification

A notarized statement shall be submitted to the Commissioner on a form prescribed by him containing the signatures of the dog warden, town clerk and chief executive officer (or any other authority as the charter of any town may designate) indicating that a diligent search for unlicensed dogs has been conducted in such town.

History

• Effective July 24, 1986

22-353 Tattooing of Dogs

Regs., Conn. State Agencies § 22-353-1—22-353-4 (Repealed)

Repealed November 9, 1999.

22-359 Control of Rabies in Public Settings

Regs., Conn. State Agencies § 22-359-1 Definitions

As used in Sections 22-359-1 to 22-359-5, inclusive, of the Regulations of Connecticut State Agencies:

(1) "Animal" means any warm blooded creatures, including bats.

(2) "Commissioner" means the Commissioner of Agriculture or the Commissioner's designated agent.

(3) "Controlled situation" means a public setting in which an animal is under the control of a handler and persons having direct physical contact with such animal can be readily identified and contacted if a rabies exposure incident occurs.

(4) "Currently vaccinated" means an animal was vaccinated against rabies and is considered immunized based on administration of the primary vaccination at least 30 days previously or immediately after a booster vaccination and vaccinations have been administered in accordance with licensed rabies vaccine label directions.

(5) "Licensed rabies vaccine" means a vaccine against rabies for certain species of animals licensed by the United States Department of Agriculture for use in such species and marketed in the United States.

(6) "Not currently vaccinated" means an animal for which there is no licensed rabies vaccine or an animal for which there is a licensed rabies vaccine but such animal is under the minimum age to be vaccinated against rabies or does not satisfy the requirements of "currently vaccinated" as defined in subdivision (4) of this section.

(7) "Public setting" means any event, facility or premise at which the public is invited and allowed to have direct physical contact with animals. Public settings include but are not limited to fairs, animal exhibitions, petting zoos, municipal pounds, animal shelters, nature centers, riding stables, pony rides, and educational programs.

(8) "Rabies" means an infection of the central nervous system of mammals caused by viruses in the Rhabdovirus family that typically results in death.

(9) "Uncontrolled situation" means a public setting at which persons have direct physical contact with an animal and such persons cannot be readily identified or contacted if a rabies exposure incident occurs.

(10) "Vaccinated" means an animal was vaccinated against rabies in accordance with licensed rabies vaccine label directions.

History

• Adopted effective August 4, 2009

Regs., Conn. State Agencies § 22-359-2 Animals for which there is a licensed rabies vaccine. Exceptions

(1) No animal for which there is a licensed rabies vaccine may be in a public setting without being currently vaccinated for rabies.

(2) Animals under the minimum age to be vaccinated, vaccinated animals offered for sale or adoption and animals residing in municipal pounds shall be exempt from the provisions of this section.

History

• Adopted effective August 4, 2009

Regs., Conn. State Agencies § 22-359-3 Animals not currently vaccinated

(1) Written records shall be kept by the owner, keeper, or handler of any animal not currently vaccinated for rabies that is present in a public setting in a controlled situation. The written records shall include contact information for all persons having direct physical contact with such animal, including the names, addresses and telephone numbers of such persons and the date of contact. Such records shall be maintained for a period of six months and shall be made immediately available to the Commissioner upon request.

(2) Any animal not currently vaccinated for rabies that is present in a public setting in an uncontrolled situation shall be separated from the public by sufficient means to avoid direct contact between people and animals, such as a double fence, plexiglas, or other device to avoid direct contact between people and animals as determined by the Commissioner, or a conspicuous sign shall be posted near the animal enclosure stating "CONNECTICUT RABIES ADVISORY NOTICE – DO NOT FEED OR TOUCH ANIMALS".

History

• Adopted effective August 4, 2009

Regs., Conn. State Agencies § 22-359-4 Exemptions

(1) Mice, rats, gerbils, hamsters, guinea pigs, and rabbits and any other animal in a public setting considered low risk for rabies transmission by the Commissioner which can be documented as being born and exclusively raised and kept in a manner that prohibits direct physical contact with wildlife are exempt from the provisions of sections 22-359-2 and 22-359-3 of the Regulations of Connecticut State Agencies.

(2) Birds, reptiles and amphibians shall be exempt from the provisions of sections 22-359-2 and 22-359-3 of the Regulations of Connecticut State Agencies.

(3) Animals which were bred at facilities licensed by the United States Department of Agriculture, and which can be documented as being born and exclusively raised and kept in a manner that prohibits direct physical contact with wildlife, and have at no time been co-mingled with animals that may have had direct physical contact with wildlife, are exempt from the provisions of sections of sections 22-359-2 and 22-359-3 of the Regulations of Connecticut State Agencies.

History

• Adopted effective August 4, 2009

Regs., Conn. State Agencies § 22-359-5 Penalty

The Commissioner may impose civil penalties for any violation of the provisions of sections 22-359-2 and 22-359-3 of the Regulations of Connecticut State Agencies in accordance with the provisions of Connecticut General Statutes section 22-7.

History

• Adopted effective August 4, 2009

22-380m Animal Population Control Program

Regs., Conn. State Agencies § 22-380m-1 Animal population control program: Definitions

As used in Sections 22-380m-1 through 22-380m-5, inclusive:

(1) "Spay" means the surgical procedure of ovariohysterectomy on a female dog or cat;

(2) "Neuter" means the surgical procedure of castration on a male dog or cat; (3) A "bona fide animal rescue or adoption organization" means a non-profit organization, with a principal place of business in Connecticut, that is engaged in the annual placement of ten or more dogs and cats as pets with the public. In order to qualify as a bona fide animal rescue or adoption organization, such organization must have a written adoption policy and a spay/neuter program in place, and no officer, director, member or employee of such organization shall have been convicted of violations of laws pertaining to animal abuse or cruelty;

(4) "Medically unfit" means any medical condition, as determined by a participating veterinarian, that may place a dog or cat at life-threatening risk if a surgical procedure is performed on that animal;

(5) "Cryptorchidism" means the retention of the testes in the abdomen or inguinal canal; and

(6) "Veterinary Practice" means one or more licensed veterinarians who provide veterinary services through a professional proprietorship, partnership or corporation.

History

• Effective February 23, 1995

Regs., Conn. State Agencies § 22-380m-2 Animal population control program: Payment required for adoption of unspayed or unneutered dogs and cats. Refunds

(a) No pound shall sell or give away any unspayed or unneutered dog or cat to any person unless such pound receives forty-five dollars from the person buying or adopting such dog or cat, provided that such payment shall not be required for the purchase or adoption of any dog or cat by a bona fide animal rescue or adoption organization as that term is defined in subsection (3) of section 22-380m-1 of the Regulations of Connecticut State Agencies. In order to be exempt from payment of the forty-five dollars, a bona fide animal rescue or adoption organization must present to the pound a currently valid form provided and signed by the commissioner certifying that such organization meets the definition of a bona fide animal rescue or adoption organization and is exempt from the forty-five dollar fee. Certification by the commissioner that the organization meets the definition of a bona fide animal rescue or adoption organization shall be for a one-year period but may be renewed on a yearly basis.

(b) At the time of the receipt of payment, the pound shall provide to the person purchasing or adopting an unspayed or unneutered dog or cat a certificate, noting payment of the forty-five dollars, on a form provided by the commissioner.

(c) All moneys received by a pound pursuant to General Statutes § 22-380f and subsection (a) of section 22-380m-2 of the Regulations of Connecticut State Agencies shall be paid at least monthly by the pound into the account.

(d) If such certificate is returned to the commissioner postmarked within thirty days of the adoption or purchase of the dog or cat and is signed by a participating veterinarian stating that such dog or cat has been spayed or neutered and specifying the date on which the operation was performed, or that such dog or cat is medically unfit for such surgery, the commissioner shall refund thirty-five dollars to the person who purchased or adopted the animal.

(e) If such certificate is not returned to the commissioner postmarked within thirty days, the payment shall be considered forfeited and shall be retained in the account, except that, in the case of a dog or cat that is medically unfit for surgery or a dog or cat under the age of six months, such certificate shall specify a date by which such dog or cat may be fit for surgery and the eligible owner shall have thirty days from that date to return the certificate for the refund provided in subsection (d) of section 22-380m-2 of the Regulations of Connecticut State Agencies.

History

• Effective February 23, 1995

Regs., Conn. State Agencies § 22-380m-3 Animal population control program: Animal population control account

(a) The account will contain moneys required by law to be deposited in the account. Any balance remaining at the end of any fiscal year will be carried forward to the succeeding fiscal year.

History

• Effective February 23, 1995

Regs., Conn. State Agencies § 22-380m-4 Animal population control program: Participating veterinarians

(a) Any veterinarian licensed pursuant to General Statutes § 20-199 and practicing within the State of Connecticut may file with the commissioner an application to become a participating veterinarian on a form available from the commissioner. Such application shall list the fees charged by the veterinarian for animal sterilzations performed in the normal course of business. Any licensed veterinarian of the State of Connecticut may be certified by the commissioner as a participating veterinarian provided that the veterinarian meets and continues to meet the criteria set forth in section 22-380m-4 of the Regulations of Connecticut State Agencies. Any veterinary practice located in the State of Connecticut may be certified by the commissioner as participating veterinarians provided each veterinarian of such practice meets and continues to meet the criteria set forth in section 22-380m-4 of the Regulations of Connecticut State Agencies.

(b) In order to be certified by the commissioner as a participating veterinarian, the veterinarian must:

(1) perform all spay and neuter surgical procedures, and presurgical immunizations in a veterinary hospital facility that meets the standards set forth by section 20-196-4 of the Regulations of Connecticut State Agencies;

(2) make all records pertaining to care provided, work done and fees received for or in connection with program available for inspection by the commissioner or his representatives;

(3) maintain records in accordance with §§ 19a-14-40 through 19a-14-44, inclusive, of the Regulations of Connecticut State Agencies;

(4) hold a currently valid license to practice veterinary medicine in the State of Connecticut by the Department of Health & Addiction Services; and

(5) submit a fee schedule, on his or her application for certification as a participating veterinarian, that the commissioner deems reasonable. The commissioner shall find a fee schedule to be reasonable if the charge for each animal sterilization procedure is not greater than 10% above the average charge for such procedure in the county in which the veterinarian practices, as set forth in the following fee schedule: Animal Population Control Program Fee Schedule in DollarsCountyWeight/DogCat.0-25 lb.26-50 lb.51-75 lb.75+ lb.MFMFMFMFMFFairfield Avg.12314613415013915514516273113Hartford Avg.8910892112991181021254979Litchfield Avg.698772917697761013763Middlesex Avg.6886759786112951314164New Haven Avg.1061211141311191361221435294New London Avg.72817585829185983865Tolland Avg.891069110994113991234272Windham Avg.708675928098831033760

(c) Any participating veterinarian who does not meet the requirements of this section shall be disqualified from participation in the program. A veterinarian may apply for, and the commission may grant, reinstatement in the program if, at the time the application for reinstatement is filed, the veterinarian meets the requirements of this section.

(d) Any veterinarian disqualified or otherwise denied participation may appeal, within ten days of receipt of a notice of such disqualification or denial, to the commissioner, who shall hold a hearing to consider such appeal in accordance with the provisions of General Statutes Chapter 54.

(e) Complaints received by the commissioner or his representatives regarding services provided by participating veterinarians shall be referred to the Board of Veterinary Medicine of the Connecticut Department of Public Health & Addiction Services.

(f) Certification as a participating veterinarian shall be for a period of one year and may be renewed annually.

(g) A participating veterinarian performing an animal sterilization procedure will be entitled to payment from the account, upon submission of the animal sterilzation certificate, signed by the participating veterinarian and the eligible owner, of a fee equivalent to eighty percent of the fee charged by the veterinarian for each procedure, as listed on the fee schedule submitted by such veterinarian on his or her application for certification as a participating veterinarian.

(h) The commissioner may make periodic adjustments to the fee schedule as deemed necessary, by amending these regulations in accordance with sections 4-166 to 4-189, inclusive, of the general statutes. If the commissioner amends the fee schedule in the manner set forth herein, a participating veterinarian shall be compensated for any procedures performed under this program at the rate set forth in the previous fee schedule until the participating veterinarian’s current certification expires.

(i) A neuter procedure involving a cryptorchid condition shall be paid at the same rate as a spay surgical procedure listed in subsection (b) (5) of section 22-380m-4 of the Regulations of Connecticut State Agencies.

History

• Effective February 23, 1995

Regs., Conn. State Agencies § 22-380m-5 Animal population control program: Presurgical immunizations

(a) In addition to the fee received for an animal sterilization procedure, the commissioner shall pay to the participating veterinarian a fee, as limited in subsection (c) of this section, for presurgical immunizations performed by such veterinarian upon a dog or cat, not previously immunized, that is owned by an eligible owner.

(b) Participating veterinarians may receive payment only for the presurgical immunizations of dogs against rabies, distemper, hepatitis, leptosipirosis and parvovirus, and the presurgical immunizations of cats against rabies, feline panleukopenia, calici, pneumonitis and rhinotracheitis.

(c) In no event shall a participating veterinarian be entitled to a payment of more than ten dollars for each immunization procedure and, in any case, more than twenty dollars for one animal.

(d) A participating veterinarian shall be paid by the commissioner from the account upon the submission of a certificate, to be provided by the commissioner, and signed by the veterinarian performing the operation and by the eligible owner, stating that the animal has been immunized coincident with the performance of an animal sterilization procedure pursuant to the program.

History

• Effective February 23, 1995

22-395 CONNECTICUT MEAT AND POULTRY PRODUCTS INSPECTION ACT Meat Regulations

Regs., Conn. State Agencies § 22-395-1.1—22-395-81.225 (Repealed)

Repealed November 9, 1999.

22-409 CONNECTICUT MEAT AND POULTRY PRODUCTS INSPECTION ACT

Regs., Conn. State Agencies § 22-409-1—22-409-81.15 (Repealed)

Repealed November 9, 1999.

22-415 Transportation of Equines

Regs., Conn. State Agencies § 22-415-1 Definitions

(a) The following terms are defined as follows:

(1) Horse means all members of the equine family.

(2) Vehicle means any machine, tractor, trailer or semitrailer, or any combination thereof propelled or drawn by mechanical power and used upon the highways in the transportation of property.

((3))

History

• Effective December 8, 1976

Regs., Conn. State Agencies § 22-415-2 Prohibitions and enforcement

(a) No person shall transport horses in any vehicle for more than eighteen (18) hours unless:

(1) within such vehicle the horses have enough space and opportunity for rest and are supplied with proper food and drink; or

(2) the horses are unloaded for at least five (5) consecutive hours unless prevented by storm or accidental cause.

(b) Horses unloaded pursuant to (a) (2) shall be properly fed, watered and sheltered during the time they are unloaded by the owner or person having custody during transportation.

(c) Any duly authorized police officer or humane agent may feed, water and shelter horses which are neglected by the owner or person having custody during transportation; such feeding, watering or sheltering shall be at the expense of the owner or person having custody during transportation.

(d) The use of double deck or possum belly vehicles to transport horses is strictly prohibited, unless the same is used pursuant to Sec. 22-415-3.

History

• Effective December 8, 1976

Regs., Conn. State Agencies § 22-415-3 Construction and dimensions of vehicles

Any vehicle for the transportation of equines shall meet the following standards:

(1) The interiors of compartment containing horses are to be of smooth construction with no protruding or sharp objects.

(2) The floors are to be of non-skid construction or a non-skid material is to be placed on the floor. A nonskid floor shall mean:

(a) Non-skid rubber or like material secured to the floor, or

(b) A reasonable amount of abrasive material - these materials shall include but are not limited to sand, clay, sawdust; or

(c) Metal grade floors with dull surfaces not to protrude or injure hooves but with sufficient base to prohibit sliding.

(3) There shall be adequate ventilation in all closed trailers. Any truck having a slatted body shall be deemed to have sufficient ventilation.

(4) Sturdy partitions are to be provided approximately every ten (10) feet inside the vehicle.

(5) Doorways used by horses are to be of adequate height to allow twelve (12) inches above the withers and to allow the largest horse to pass through without injury.

(6) A minimum of twelve (12) inches must be allowed between the withers of the largest horse and the structure above the horse while the horse is in a natural standing position.

(7) If the vertical distance from the trailer to the unloading area is greater than eighteen (18) inches, ramps for loading and unloading are to be provided and are to be constructed such that they provide safe footing for horses.

History

• Effective December 8, 1976

Regs., Conn. State Agencies § 22-415-4 Other restrictions

(a) Injured or handicapped horses shall not be loaded in the same compartment with healthy horses.

(b) Ponies or young horses shall not be loaded in the same compartment with larger and mature horses except as provided in (c) below.

(c) Dams with their own and other sucklings shall be transported in the same compartment and separate from other horses.

History

• Effective December 8, 1976