§ 21a-101 — (Formerly Sec. 19-221). Adulterated food. Regulations re alcohol-infused confections.

Connecticut § 21a-101

• Jurisdiction: Connecticut
• Title 21a: Consumer Protection
• Ch. 418: Uniform Food, Drug and Cosmetic Act

Text

(a) A food shall be deemed to be adulterated: (1) (A) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but, if the substance is not an added substance, such food shall not be considered adulterated under this clause if the quantity of such substance in such food would not ordinarily render it injurious to health; (B) if it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of section 21a-104 ; (C) if it consists in whole or in part of any diseased, contaminated, filthy, putrid or decomposed substance or if it is otherwise unfit for food; (D) if it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health; (E) if it is in whole or in part the product of a diseased animal or of an animal which has died otherwise than by slaughter or which has been fed on the uncooked offal from a slaughterhouse; or (F) if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; (2) (A) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; (B) if any substance has been substituted wholly or in part therefor; (C) if damage or inferiority has been concealed in any manner; or (D) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; (3) If it bears or contains a color additive which is unsafe within the meaning of section 21a-104 ; (4) If it is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one per cent, harmless natural gum or pectin; provided this subdivision shall not apply to any confectionery by reason of its containing less than one-half of one per cent by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances, or any alcohol-infused confection subject to regulations adopted under subsection (b) of this section; and (5) If such food is to be offered for sale at retail as a food product and a retail or wholesale establishment has added to such food any sulfiting agent, including sulfur dioxide, sodium sulfite, sodium bisulfite, potassium bisulfite, sodium metabisulfite or potassium metabisulfite, separately or in combination, unless such sulfiting agent is an incidental additive, as defined in section 21a-104a . (b) The commissioner shall approve the sale of alcohol-infused confections containing not more than one-half of one per cent of alcohol by weight and shall adopt regulations, in accordance with the provisions of chapter 54, regarding the manufacture, sale and distribution of such confections.

Legislative History

(1949 Rev., S. 3939; 1963, P.A. 359, S. 3; P.A. 86-322, S. 2; P.A. 21-50, S. 1; P.A. 23-99, S. 22.) History: 1963 act deleted provision in subsection (c) re adulteration when product contains a coal tar color which is not suitable for use in food according to regulations promulgated under section 346(b) of the federal act, substituting reference to color additive unsafe within meaning of Sec. 19-224; Sec. 19-221 transferred to Sec. 21a-101 in 1983; P.A. 86-322 added Subsec. (e) which provided that food offered at retail which contains a sulfiting agent added by a wholesaler or retail is considered adulterated; P.A. 21-50 amended Subsec. (a) to redesignate existing Subdivs.(1) to (6) as Subparas. (A) to (F) in Subdiv. (1), redesignated existing Subsecs. (b)(1) to (4) as Subparas. (A) to (D) in Subsec. (a)(2), redesignated existing Subsecs. (c) to (e) as Subsecs. (a)(3) to (a)(5), added new Subsec. (b) re approval and regulations re alcohol-infused confections and made technical changes, effective July 1, 2021; P.A. 23-99 amended Subsec. (a)(5) by adding provision re sulfiting agent and making a technical change, effective June 29, 2023. Annotation to former section 19-221: Sale of food adulterated because contaminated with filth may be enjoined by commissioner. 31 CS 242.