Section 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.Conn. Agencies Regs. § 22-54u-6