§ 21a-118 — (Formerly Sec. 19-237). Inspections. Exceptions. Right to hearing. Reinspection. Civil penalty, suspension or revocation of license or registration.

Connecticut § 21a-118

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

Text

(a) For the purpose of enforcing the provisions of chapter 417, chapter 419b, except with regard to permittees holding both a restaurant and a bakery permit and this chapter, the commissioner, or his authorized representative, is authorized (1) to enter, at reasonable times, any factory, warehouse or establishment subject to this chapter, or to enter any vehicle being used to transport or hold food, drugs, devices or cosmetics in intrastate commerce, and (2) to inspect, at reasonable times, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, labeling and advertisements, records, files and papers therein. (b) If an inspection reveals a violation of any provision of this chapter concerning a food factory, food warehouse or food establishment, the commissioner shall notify the owner of such factory, warehouse or establishment of any such violation and his right to a hearing under this section by certified mail within fifteen days of the date of such original inspection. Such owner may contest the violations cited in such notice by requesting a hearing in writing by certified mail within fifteen days of the date of receipt of such notice. The commissioner shall grant such a request and conduct a hearing in accordance with the provisions of chapter 54. The cost of all reinspections necessary to determine compliance with any such provision shall be forty dollars an hour and shall be charged to such owner, except that if the first reinspection following the original inspection indicates compliance with such provision no charge shall be made. (c) If an inspection reveals a violation of any provision of chapter 417, chapter 419b or this chapter concerning any food, drug, cosmetic or device by any establishment licensed or registered in accordance with the provisions of said chapters, the commissioner may impose a civil penalty of not more than five hundred dollars per separate violation, and suspend or revoke the license or registration of such establishment after notice and a hearing conducted in accordance with the provisions of chapter 54.

Legislative History

(1949 Rev., S. 3954; P.A. 80-214; P.A. 85-497, S. 2; May Sp. Sess. P.A. 92-6, S. 42, 117; P.A. 18-141, S. 1.) History: P.A. 80-214 added Subsec. (b) re course of action following discovery of violation; Sec. 19-237 transferred to Sec. 21a-118 in 1983; P.A. 85-497 amended Subsec. (a) by authorizing the commissioner of consumer protection to carry out the provisions of this section in the enforcement of the provisions of chapter 417, and by authorizing the commissioner to inspect records, files and papers, and added Subsec. (c), providing for the suspension or revocation of any establishment licensed in accordance with the provisions of chapter 417 which violates any provision of said chapter; May Sp. Sess. P.A. 92-6 amended Subsec. (b) to establish a $40 per hour charge for reinspection; P.A. 18-141 amended Subsec. (a) by adding reference to Ch. 419b, and adding exception re permittees holding both a restaurant and bakery permit, amended Subsec. (c) by adding reference to Ch. 419b, adding references to food and cosmetic, adding references to registered establishment, adding provision re civil penalty, and made technical changes, effective June 11, 2018. Cited. 207 C. 698.