§ 21a-152 — (Formerly Sec. 19-284). Licensing requirements for bakeries, food warehouses and food manufacturing establishments. Exemptions. Regulations. License revocation. Certificate of approval.

Connecticut § 21a-152

• Jurisdiction: Connecticut
• Title 21a: Consumer Protection
• Ch. 419b: Bakeries, Food Manufacturing Establishments and Food Warehouses

Text

(a) Each bakery, food manufacturing establishment and food warehouse shall be designed, constructed and operated as the Commissioner of Consumer Protection directs pursuant to sections 21a-151 to 21a-159, inclusive, and chapter 418. Each bakery, food manufacturing establishment and food warehouse remains subject to the provisions of chapter 418. (b) No corporation, firm or person shall operate a bakery, food manufacturing establishment or food warehouse with the intent of producing or storing products for human consumption without having first obtained from the Commissioner of Consumer Protection a license. Applications for such license shall be made on forms, furnished by the commissioner, showing the name and address of such bakery, food manufacturing establishment or food warehouse. Bakeries shall show the number of persons engaged in the production of bread and pastry products, excluding dishwashers, drivers, porters, sales personnel and other employees not directly engaged in such production. The commissioner shall cause an inspection to be conducted of the premises described in the application and, if conditions are found satisfactory, issue such license. No corporation, firm or person operating a bakery, food manufacturing establishment or food warehouse, or any agent, employee or servant thereof, shall refuse, hinder or otherwise interfere with the commissioner's, or the commissioner's authorized representative's, access to the bakery, food manufacturing establishment or food warehouse for the purpose of conducting an inspection. No corporation, firm or person shall: (1) Sell or distribute bread, cakes, cookies, crackers, crullers, doughnuts, macaroni, pies, spaghetti or other food products, including frozen or canned baked goods, made in whole or in part of flour or meal, produced in any bakery located within or beyond the boundaries of this state; (2) sell or distribute food produced in a food manufacturing establishment located within the boundaries of this state; or (3) store any food for wholesale distribution in a food warehouse, unless such bakery, food manufacturing establishment or food warehouse has obtained a license from the commissioner. Facilities licensed pursuant to chapter 417 as food vendors and frozen dessert vendors, and all facilities licensed pursuant to chapters 419a and 430, shall be exempt from such licensing requirement. The commissioner may promulgate regulations excepting out-of-state manufacturers of products commonly known as brown bread, cookies, crackers or plum puddings in hermetically sealed containers and other similar products from the license provisions of this section. Such license shall be valid for one year and a fee for such license shall be collected as follows: From a corporation, firm or person owning or conducting a bakery in which there are not more than four persons engaged in the production of bread and pastry products, twenty dollars; in which there are at least five but not more than nine persons so engaged, forty dollars; in which there are at least ten but not more than twenty-four persons so engaged, one hundred dollars; in which there are at least twenty-five but not more than ninety-nine persons so engaged, two hundred dollars; in which there are at least one hundred persons so engaged, two hundred fifty dollars. The fee for a food manufacturing establishment or food warehouse license shall be twenty dollars annually. (c) The Commissioner of Consumer Protection may revoke a bakery, food manufacturing establishment or food warehouse license for any violation of sections 21a-151 to 21a-159 , inclusive, after a hearing conducted in accordance with chapter 54. In addition, the commissioner may summarily suspend a bakery, food manufacturing establishment or food warehouse license pending a hearing if the commissioner has reason to believe that the public health, safety or welfare imperatively requires emergency action. Not later than ten days following the suspension order, the commissioner shall cause to be held a hearing which shall be conducted in accordance with the provisions of chapter 54. Following such hearing, the commissioner shall dissolve such suspension or order revocation of the bakery, food manufacturing establishment or food warehouse license. Any corporation, firm or person whose license has been revoked may apply for a new license and the commissioner shall act on such application not later than thirty days after the commissioner receives such application. The costs of any inspections necessary to determine whether or not an applicant, whose license has been revoked, is entitled to have a new license granted shall be borne by the applicant at such rates as the commissioner may determine. The commissioner may refuse to grant any bakery, food manufacturing establishment or food warehouse a license if the commissioner finds that the applicant has evidenced a pattern of noncompliance with the provisions of sections 21a-151 to 21a-159 , inclusive. Prima facie evidence of a pattern of noncompliance shall be established if the commissioner shows that the applicant has had two or more bakery, food manufacturing establishment or food warehouse licenses revoked. (d) All vehicles used in the transportation of bakery, food manufacturing establishment or food warehouse products shall be kept in a sanitary condition and shall have the name and address of the bakery, food manufacturing establishment or food warehouse owner, operator or distributor legibly printed on both sides. Each compartment in which unwrapped bakery, food manufacturing establishment or food warehouse products are transported shall be enclosed in a manner approved by the commissioner. (e) The provisions of this section shall not prevent local health authorities from enforcing orders or regulations concerning the sanitary condition of retail bakeries. (f) Any person who desires to obtain a license under the provisions of sections 21a-151 to 21a-159 , inclusive, shall first obtain and present to the Commissioner of Consumer Protection a certificate of approval of the location for which such license is desired. The certificate of approval shall be obtained from the zoning commission, planning and zoning commission or local authority of the town, city or borough in which the facility is located or is proposed to be located. No certificate of approval shall be required for a new license if the proposed use conforms to existing zoning requirements, for a license renewal by the license holder or for a transfer by the license holder to another person of the license most recently issued to such license holder. The commissioner shall not issue any license under the provisions of sections 21a-151 to 21a-159 , inclusive, for which a certificate of approval is required until such certificate of approval is obtained by the license applicant. See Sec. 21a-10(b) re staggered schedule for license renewals.

Legislative History

(1949 Rev., S. 4005; 1949, S. 2110d; 1959, P.A. 389, S. 2; 412, S. 38, 42; P.A. 76-417, S. 1; P.A. 84-97, S. 1; P.A. 94-36, S. 28, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 286; P.A. 12-95, S. 2; P.A. 14-126, S. 2; P.A. 19-177, S. 3; P.A. 22-104, S. 50.) History: 1959 acts doubled license fees and replaced commissioner of food and drugs with commissioner of consumer protection; P.A. 76-417 prohibited production, packaging etc. of bakery products “under unsanitary conditions whereby they may be rendered unwholesome or otherwise injurious to health”, forbade interference with inspections, revised fee schedule so that $50 fee applies to bakeries with 10 to 24 bakers and imposed additional categories for $100 and $200 fees and rewrote provisions re grounds for license revocation, procedure for revocation and issuance of new license; Sec. 19-284 transferred to Sec. 21a-152 in 1983; P.A. 84-97 divided section into Subsecs., substituted “lavatory facilities” for “water closet”, specified the location of lavatory facilities, the height of bakery rooms and updated requirements re the material of which preparation rooms are constructed, allowed for the use of plastic refuse containers, required running water to be “under pressure”, and required the presence of a sink suitable for washing hands in preparation rooms; P.A. 94-36 amended Subsec. (b) to eliminate the reference to the “July first to June thirtieth” license year, effective January 1, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; June Sp. Sess. P.A. 09-3 amended Subsec. (b) to increase fees; P.A. 12-95 deleted former Subsec. (a) re bakery specifications, added new Subsec. (a) re food manufacturing establishment design, construction and operation, added provisions re food manufacturing establishments, Ch. 417, 419a and 430 exemptions and food manufacturer license fee in Subsec. (b), added references to food manufacturing establishments in Subsecs. (c) and (e) and added Subsec. (f) re certificate of approval, effective July 1, 2012; P.A. 14-126 amended Subsec. (a) by adding “bakery and”, effective June 6, 2014; P.A. 19-177 amended Subsec. (a) to add provisions re food warehouse and add reference to Sec. 21a-160, amended Subsec. (b) to add references to food warehouse, designate existing provisions re sale or distribution of certain foods as Subdivs. (1) and (2), add Subdiv. (3) re storing food for wholesale distribution in food warehouse and add provision re prior inspection for food warehouse registered under Sec. 21a-160, amended Subsec. (c) to add references to food warehouse and add references to Sec. 21a-160, amended Subsec. (d) to add references to food warehouse, amended Subsec. (e) to delete reference to food manufacturing establishments, amended Subsec. (f) to add references to Sec. 21a-160 and add provision re certificate of approval from zoning commission, and made technical changes; P.A. 22-104 amended Subsec. (a) by substituting reference to Sec. 21a-159 for reference to Sec. 21a-160 and deleting provisions re food warehouse registered in good standing prior to October 1, 2019, Subsec. (b) by substituting “at least one hundred persons” for “more than one hundred persons” and deleting provision re food warehouse registered prior to October 1, 2019, Subsec. (c) by substituting references to Sec. 21a-159 for references to Sec. 21a-160, Subsec. (d) by adding references to food manufacturing establishment, Subsec. (e) by substituting “retail bakeries” for “bakeries” and Subsec. (f) by substituting references to Sec. 21a-159 for references to Sec. 21a-160, and made technical and conforming changes, effective May 24, 2022.