Bill Text: CT SB00802 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Concerning Connecticut's Egg Statutes.
Spectrum: Moderate Partisan Bill (Democrat 7-1-1)
Status: (Engrossed - Dead) 2013-05-22 - House Calendar Number 624 [SB00802 Detail]
Download: Connecticut-2013-SB00802-Comm_Sub.html
General Assembly |
||
January Session, 2013 |
*_____SB00802JUD___051413____* |
AN ACT CONCERNING CONNECTICUT'S EGG STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) All shell eggs of chickens sold or offered for sale for human consumption in this state by any person, firm or corporation shall be labeled with the grade and size designation as set forth in the consumer grades, except as hereinafter provided, and shall be labeled in compliance with the federal Food, Drug and Cosmetic Act and the federal Egg Products Inspection Act. All shell eggs of turkeys, ducks, quail, guinea fowl or other birds whose eggs are suitable for human consumption and that are sold or offered for sale in this state by any person, firm or corporation shall be labeled in compliance with the federal Food, Drug and Cosmetic Act and the federal Nutrition Labeling and Education Act.
(b) All retail establishments shall handle and store all shell eggs in compliance with the federal Food, Drug and Cosmetic Act. All shell egg distribution and shell egg grading establishments shall store, handle and transport eggs in compliance with the federal Egg Products Inspection Act.
(c) All shell eggs offered for sale shall be held, stored and transported at an ambient air temperature of not greater than forty-five degrees Fahrenheit, except that shell eggs may, for a functional reason, be tempered for processing, provided such eggs are not held for more than thirty-six hours at room temperature.
Sec. 2. Section 22-41 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[The standards of quality for consumer grades for shell eggs grade AA, grade A, grade B and grade C, established by the Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27 and section 22-29, shall apply to all shell eggs sold or offered for sale by any person, firm or corporation. Any edible eggs not conforming to the specifications of grade AA, A, B or C shall be sold as "undergrade eggs", or as "checks", "cracks" or "dirties".] All shell eggs of chickens sold or offered for sale by any person, firm or corporation shall meet at least one of the consumer grades for shell eggs established by the United States Department of Agriculture under the federal Egg Products Inspection Act. Nonconforming edible eggs of chickens shall be sold as "undergrade eggs", or as "checks", "cracks" or "dirties". The final determination as to meeting these grades shall be made by candling.
Sec. 3. Section 22-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The net weight and size requirements for consumer grades for shell eggs, established by the [Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27,] United States Department of Agriculture under the federal Egg Products Inspection Act shall apply to all shell eggs of chickens sold or offered for sale in this state by any person, firm or corporation.
Sec. 4. Section 22-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The term "fresh eggs", "strictly fresh eggs", "hennery eggs" or "new-laid eggs" or words or descriptions of similar import shall not be used on any eggs which do not meet the minimum requirements for consumer grade A, or on any eggs which have been held in cold storage for more than thirty days. The word "Connecticut" may not be used in connection with the official grades unless the person or firm engaged in packing the eggs is registered with the state's Department of [Consumer Protection] Agriculture and the eggs were produced on Connecticut farms.
Sec. 5. Section 22-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) No person, firm or corporation shall advertise, falsely label, sell or offer for sale any eggs which do not conform to the [standards for quality and size for consumer grades established by the Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27 and section 22-29, or which do not conform to the provisions of sections 22-40 to 22-44, inclusive] provisions of this part.
(b) The sale of: [inedible] (1) Inedible or adulterated eggs, as defined under the federal Food, Drug and Cosmetic Act, or the federal Egg Products Inspection Act, or (2) incubated eggs is prohibited, except that incubated eggs may be sold as commercial feed or for other commercial purposes other than human consumption, provided such incubated eggs shall be broken and denatured on the premises where incubated, in a manner approved by the Commissioner of [Consumer Protection] Agriculture or the commissioner's designated agent.
Sec. 6. Section 22-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[The Commissioner of Consumer Protection shall enforce the provisions of sections 22-40 to 22-45, inclusive, and may adopt suitable regulations to carry out such enforcement.]
(a) The Commissioner of Consumer Protection or the commissioner's designated agent shall enforce the provisions of this part by inspection of retail and wholesale distribution establishments in this state at a frequency determined by the commissioner. The Commissioner of Consumer Protection or the commissioner's designated agent may issue any notice of violation or order necessary to ensure compliance with this part. The Commissioner of Consumer Protection, in consultation with the Commissioner of Agriculture, may adopt regulations to carry out the provisions of this subsection.
(b) The Commissioner of Agriculture or the commissioner's designated agent shall enforce the provisions of this part by inspection of egg producers and egg grading plants in this state at a frequency determined by the Commissioner of Agriculture. The Commissioner of Agriculture or the commissioner's designated agent may issue any notice of violation or order necessary to ensure compliance with this part. The Commissioner of Agriculture, in consultation with the Commissioner of Consumer Protection, may adopt regulations to carry out the provisions of this subsection.
Sec. 7. Section 22-48a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[Each person, firm or corporation operating an egg-grading plant in Connecticut, which engages in receiving eggs from Connecticut producers for processing, distribution or sale, shall register with the Commissioner of Agriculture in a manner and on forms prescribed and furnished by the commissioner. Such registration shall be renewed annually during the month of October. Such registered person, firm or corporation shall not receive eggs for processing without a permit from the commissioner. Each person, firm or corporation so registered shall keep on file a list of all producers from which eggs are received.]
(a) For the purposes of this part, (1) "egg-grading plant" means any person, firm or corporation who engages in grading, washing or packing eggs in this state; (2) "egg distributor" means any person, firm or corporation in this state who receives packaged eggs and who distributes such eggs in the original packaging to institutional, wholesale or retail establishments; (3) "shell egg" means any egg still in the shell; and (4) "egg" means a shell egg.
(b) Each person, firm or corporation operating an egg grading plant in this state shall register with the Commissioner of Agriculture in a manner and on forms prescribed and furnished by the commissioner. Such registration shall be renewed annually during the month of October. Each location where eggs are washed, graded or packed in the final container shall be registered separately. Such registered person, firm or corporation shall not receive, distribute, process or offer eggs for sale without a permit.
(c) Each person, firm or corporation distributing eggs in this state shall register with the Commissioner of Consumer Protection in a manner and on forms prescribed and furnished by the Commissioner of Consumer Protection. Such registered person, firm or corporation shall not receive, distribute, process or offer eggs for sale in this state without a permit.
(d) Each registration for an egg grading plant or an egg distributor shall be renewed annually during the month of October. The annual registration and renewal fee for an egg grading plant or an egg distributor shall be fixed as follows: (1) For firms processing or handling less than six thousand dozen eggs per year, twenty dollars; (2) for firms processing or handling more than six thousand and less than thirty thousand dozen eggs per year, one hundred dollars; (3) for firms processing or handling more than thirty thousand and less than one hundred fifty thousand dozen eggs per year, three hundred dollars; or (4) for firms processing or handling more than one hundred fifty thousand dozen eggs per year, four hundred dollars.
(e) Each person registered pursuant to this section shall, at all times, keep on file a list of all sources from which eggs are received and a list of all accounts to which eggs are sold. Such lists shall be subject to inspection and shall be provided to the Commissioner of Agriculture or the Commissioner of Consumer Protection, as applicable, or such commissioners' respective designated agent upon request.
(f) Any application for registration or registration issued pursuant to this section may be refused, suspended or revoked for cause. In refusing to register or, in suspending or revoking any registration, the Commissioner of Agriculture or the Commissioner of Consumer Protection, as applicable, shall give due consideration to the applicant's or registrant's, as applicable, history of compliance with any written orders or notices of violation issued for any violation of this part or for any written violation of the general statutes or the regulations of Connecticut state agencies concerning food storage, food handling, food sanitation, food safety, egg room sanitation, egg disinfection, egg holding, egg packing, egg storage or egg cooling requirements. All registrations issued pursuant to this section shall be nontransferable.
(g) Any person aggrieved by an order of the Commissioner of Agriculture or the Commissioner of Consumer Protection, as applicable, or such commissioners' respective designated agent may appeal such order and request an administrative hearing, provided such appeal is in writing and received by the commissioner of the issuing agency not later than ten days after the date such person received such order. Such administrative hearing, if properly requested, shall be held not later than forty-five days after the date of such request. Any appeal made pursuant to this section shall be limited to whether or not the conditions or violations cited in such order existed. The Commissioner of Agriculture or the Commissioner of Consumer Protection, as applicable, or such commissioners' respective designated hearing officer shall render a final decision based upon all the evidence introduced, applying all pertinent provisions of law and regulations. Any final order of the Commissioner of Agriculture or the Commissioner of Consumer Protection, or such commissioners' respective designated hearing officer shall be subject to appeal, as set forth in sections 4-183 and 4-184, except that any such appeal shall be taken to the superior court for the judicial district of Hartford.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
22-40 |
Sec. 2 |
from passage |
22-41 |
Sec. 3 |
from passage |
22-42 |
Sec. 4 |
from passage |
22-44 |
Sec. 5 |
from passage |
22-45 |
Sec. 6 |
from passage |
22-48 |
Sec. 7 |
from passage |
22-48a |
GL |
Joint Favorable Subst. |
|
JUD |
Joint Favorable |